2006 Regular Session
To: Juvenile Justice; Ways and Means
By: Representative Flaggs, Brown, Clarke, Buck, Hines
AN ACT TO CREATE THE MISSISSIPPI JUVENILE DELINQUENCY PREVENTION ACT OF 2006; TO AMEND SECTION 43-21-201, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT YOUTH COURT-APPOINTED ATTORNEYS RECEIVE TRAINING IN JUVENILE JUSTICE ISSUES; TO AMEND SECTION 43-21-301, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE HOLDING OF A STATUS OFFENDER IN DETENTION FOR LONGER THAN 24 HOURS BEFORE SUCH AN OFFENDER HAS HAD HIS OR HER INITIAL COURT APPEARANCE; TO AMEND SECTION 43-21-311, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN RIGHTS SHALL BE READ TO A CHILD WHEN HE OR SHE IS TAKEN INTO CUSTODY; TO AMEND SECTION 43-21-321, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN MINIMUM DETENTION STANDARDS FOR JUVENILE DETENTION FACILITIES; TO AMEND SECTION 43-21-605, MISSISSIPPI CODE OF 1972, TO CREATE A STUDY COMMITTEE TO ANALYZE WHAT ENTITY SHOULD PROVIDE EDUCATIONAL SERVICES TO YOUTH IN DETENTION CENTERS; TO AMEND SECTION 43-27-201, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT ADOLESCENT OFFENDER PROGRAMS PROVIDE CERTAIN SERVICES; TO ESTABLISH THE YOUTH COURT INCARCERATION ALTERNATIVES FUND; TO ESTABLISH THE TONY GOBAR JUVENILE JUSTICE ALTERNATIVE SANCTION GRANT PROGRAM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-21-201, Mississippi Code of 1972, is amended as follows:
43-21-201. (1) Each party shall have the right to be represented by counsel at all stages of the proceedings including, but not limited to, detention, adjudicatory and disposition hearings and parole or probation revocation proceedings. If the party is a child, the child shall be represented by counsel at all critical stages. If indigent, the child shall have the right to have counsel appointed for him by the youth court.
(2) When a party first appears before the youth court, the judge shall ascertain whether he is represented by counsel and, if not, inform him of his rights including his right to counsel. (3) An attorney appointed to represent a delinquent child shall be required to complete annual juvenile justice training that is approved by the Mississippi Judicial College or The Mississippi Bar Association. The Mississippi Judicial College and The Mississippi Bar Association shall determine the amount of juvenile justice training and continuing education required to fulfill the requirements of this subsection. The Administrative Office of Courts shall maintain a roll of attorneys who have complied with the training requirements and shall enforce the provisions of this subsection. Should an attorney fail to complete the annual training requirement or fail to attend the required training within six (6) months of being appointed to a youth court case, the attorney shall be disqualified to serve and the youth court shall immediately terminate the representation and appoint another attorney. Attorneys appointed by a youth court to five (5) or fewer cases a year are exempt from the requirements of this subsection.
(4) An attorney shall enter his appearance on behalf of a party in the proceeding by filing a written notice of appearance with the youth court, by filing a pleading, notice or motion signed by counsel or by appearing in open court and advising the youth court that he is representing a party. After counsel has entered his appearance, he shall be served with copies of all subsequent pleadings, motions and notices required to be served on the party he represents. An attorney who has entered his appearance shall not be permitted to withdraw from the case until a timely appeal if any has been decided, except by leave of the court then exercising jurisdiction of the cause after notice of his intended withdrawal is served by him on the party he represents.
(5) Each designee appointed by a youth court judge shall be subject to the Code of Judicial Conduct and shall govern himself or herself accordingly.
SECTION 2. Section 43-21-301, Mississippi Code of 1972, is amended as follows:
43-21-301. (1) No court other than the youth court shall issue an arrest warrant or custody order for a child in a matter in which the youth court has exclusive original jurisdiction but shall refer the matter to the youth court.
(2) Except as otherwise provided, no child in a matter in which the youth court has exclusive original jurisdiction shall be taken into custody by a law enforcement officer, the Department of Human Services, or any other person unless the judge or his designee has issued a custody order to take the child into custody.
(3) The judge or his designee may issue an order to a law enforcement officer, the Department of Human Services, or any suitable person to take a child into custody for a period not longer than forty-eight (48) hours, excluding Saturdays, Sundays, and statutory state holidays if it appears that there is probable cause to believe that:
(a) The child is within the jurisdiction of the court; and
(b) Custody is necessary; custody shall be deemed necessary:
(i) When a child is endangered or any person would be endangered by the child; or
(ii) To insure the child's attendance in court at such time as required; or
(iii) When a parent, guardian or custodian is not available to provide for the care and supervision of the child; and
(c) There is no reasonable alternative to custody.
(4) The judge or his designee may order, orally or in writing, the immediate release of any child in the custody of any person or agency. Custody orders as provided by this chapter and authorizations of temporary custody may be written or oral, but, if oral, reduced to writing as soon as practicable. The written order shall:
(a) Specify the name and address of the child, or, if unknown, designate him or her by any name or description by which he or she can be identified with reasonable certainty;
(b) Specify the age of the child, or, if unknown, that he or she is believed to be of an age subject to the jurisdiction of the youth court;
(c) Except in cases where the child is alleged to be a delinquent child or a child in need of supervision, state that the effect of the continuation of the child's residing within his or her own home would be contrary to the welfare of the child, that the placement of the child in foster care is in the best interests of the child, and unless the reasonable efforts requirement is bypassed under Section 43-21-603(7)(c), also state that (i) reasonable efforts have been made to maintain the child within his or her own home, but that the circumstances warrant his removal and there is no reasonable alternative to custody; or (ii) the circumstances are of such an emergency nature that no reasonable efforts have been made to maintain the child within his own home, and that there is no reasonable alternative to custody. If the court makes a finding in accordance with (ii) of this paragraph, the court shall order that reasonable efforts be made towards the reunification of the child with his or her family.
(d) State that the child shall be brought immediately before the youth court or be taken to a place designated by the order to be held pending review of the order;
(e) State the date issued and the youth court by which the order is issued; and
(f) Be signed by the judge or his designee with the title of his office.
(5) The taking of a child into custody shall not be considered an arrest except for evidentiary purposes.
(6) (a) No child who has been accused or adjudicated of any offense that would not be a crime if committed by an adult shall be placed * * * in an adult jail or lockup. * * * An accused status offender shall not be held in secure detention * * * longer than twenty-four (24) hours prior to and twenty-four (24) hours after an initial court appearance, excluding Saturdays, Sundays and statutory state holidays, * * * except under the following circumstances: a status offender may be held in secure detention for violating a valid court order pursuant to the criteria as established by the federal Juvenile Justice and Delinquency Prevention Act of 2002, and any subsequent amendments thereto, and out-of-state runaways may be detained pending return to their home state.
(b) No accused or adjudicated juvenile offender, except for an accused or adjudicated juvenile offender in cases where jurisdiction is waived to the adult criminal court, shall be detained or placed into custody of any adult jail or lockup for a period in excess of six (6) hours.
(c) If any county violates the provisions of paragraph (a) or (b) of this subsection, the state agency authorized to allocate federal funds received pursuant to the Juvenile Justice and Delinquency Prevention Act of 1974, 88 Stat. 2750 (codified in scattered Sections of 5, 18, 42 USCS), shall withhold the county's share of such funds.
(d) Any county that does not have a facility in which to detain its juvenile offenders in compliance with the provisions of paragraphs (a) and (b) of this subsection may enter into a contractual agreement with any county or municipality that does have such a facility, or with the State of Mississippi, or with any private entity that maintains a juvenile correctional facility, or with the State of Mississippi, to detain or place into custody the juvenile offenders of the county not having such a facility.
(e) Notwithstanding the provisions of paragraphs (a), (b), (c) and (d) of this subsection, all counties shall be allowed a one-year grace period from March 27, 1993, to comply with the provisions of this subsection.
SECTION 3. Section 43-21-311, Mississippi Code of 1972, is amended as follows:
43-21-311. (1) When a child is taken into custody, he shall immediately be informed of:
(a) The reason for his custody;
(b) The time within which review of the custody shall be held;
(c) His rights during custody including his right to counsel;
(d) All rules and regulations of the place at which he is held;
(e) The time and place of the detention hearing when the time and place is set; and
(f) The conditions of his custody which shall be in compliance with the detention requirements provided in Section 43-21-301(6).
These rights shall be posted where the child may read them, and such rights must be read to the child when he or she is taken into custody.
(2) When a child is taken into custody, the child may immediately telephone his parent, guardian or custodian; his counsel; and personnel of the youth court. Thereafter, he shall be allowed to telephone his counsel or any personnel of the youth court at reasonable intervals. Unless the judge or his designee finds that it is against the best interest of the child, he may telephone his parent, guardian or custodian at reasonable intervals.
(3) When a child is taken into custody, the child may be visited by his counsel and authorized personnel of the youth court at any time. Unless the judge or his designee finds it to be against the best interest of the child, he may be visited by his parent, guardian or custodian during visiting hours which shall be regularly scheduled at least three (3) days per week. The youth court may establish rules permitting visits by other persons.
(4) Except for the child's counsel, guardian ad litem and authorized personnel of the youth court, no person shall interview or interrogate a child held in a detention or shelter facility unless approval therefor has first been obtained from the judge or his designee. When a child in a detention or shelter facility is represented by counsel or has a guardian ad litem, no person may interview or interrogate the child concerning the violation of a state or federal law, or municipal or county ordinance by the child unless in the presence of his counsel or guardian ad litem or with their consent.
SECTION 4. Section 43-21-321, Mississippi Code of 1972, is amended as follows:
43-21-321. (1) All juveniles shall undergo a health screening within one (1) hour of admission to any juvenile detention center, or as soon thereafter as reasonably possible. Information obtained during the screening shall include, but shall not be limited to, the juvenile's:
(a) Mental health;
(b) Suicide risk;
(c) Alcohol and other drug use and abuse;
(d) Physical health;
(e) Aggressive behavior;
(f) Family relations;
(g) Peer relations;
(h) Social skills;
(i) Educational status; and
(j) Vocational status.
(2) If the screening instrument indicates that a juvenile is in need of emergency medical care or mental health intervention services, the detention staff shall refer those juveniles to the proper health care facility or community mental health service provider for further evaluation, as soon as reasonably possible. If the screening instrument, such as the Massachusetts Youth Screening Instrument version 2 (MAYSI-2) or other comparable mental health screening instrument indicates that the juvenile is in need of emergency medical care or mental health intervention services, the detention staff shall refer the juvenile to the proper health care facility or community mental health service provider for further evaluation, recommendation and referral for treatment, if necessary, within forty-eight (48) hours, excluding Saturdays, Sundays and statutory state holidays.
(3) All juveniles shall receive a thorough orientation to the center's procedures, rules, programs and services. The intake process shall operate twenty-four (24) hours per day.
(4) The directors of all of the juvenile detention centers shall amend or develop written procedures for admission of juveniles who are new to the system. These shall include, but are not limited to, the following:
(a) Determine that the juvenile is legally committed to the facility;
(b) Make a complete search of the juvenile and his possessions;
(c) Dispose of personal property;
(d) Require shower and hair care, if necessary;
(e) Issue clean, laundered clothing, as needed;
(f) Issue personal hygiene articles;
(g) Perform medical, dental and mental health screening;
(h) Assign a housing unit for the juvenile;
(i) Record basic personal data and information to be used for mail and visiting lists;
(j) Assist juveniles in notifying their families of their admission and procedures for mail and visiting;
(k) Assign a registered number to the juvenile; and
(l) Provide written orientation materials to the juvenile.
(5) All juvenile detention centers shall adhere to the following minimum standards:
(a) Each center shall have a manual that states the policies and procedures for operating and maintaining the facility, and the manual shall be reviewed annually and revised as needed;
(b) Each center shall have a policy that specifies support for a drug-free workplace for all employees, and the policy shall, at a minimum, include the following:
(i) The prohibition of the use of illegal drugs;
(ii) The prohibition of the possession of any illegal drugs except in the performance of official duties;
(iii) The procedure used to ensure compliance with a drug-free workplace policy;
(iv) The opportunities available for the treatment and counseling for drug abuse; and
(v) The penalties for violation of the drug-free workplace policy;
(c) Each center shall have a policy, procedure and practice that ensures that personnel files and records are current, accurate and confidential;
(d) Each center shall promote the safety and protection of juvenile detainees from personal abuse, corporal punishment, personal injury, disease, property damage and harassment;
(e) Each center shall have written policies that allow for mail and telephone rights for juvenile detainees, and the policies are to be made available to all staff and reviewed annually;
(f) Center food service personnel shall implement sanitation practices based on State Department of Health food codes;
(g) Each center shall provide juveniles with meals that are nutritionally adequate and properly prepared, stored and served according to the State Department of Health food codes;
(h) Each center shall offer special diet food plans to juveniles under the following conditions:
(i) When prescribed by appropriate medical or dental staff; or
(ii) As directed or approved by a registered dietitian or physician; and
(iii) As a complete meal service and not as a supplement to or choice between dietary meals and regular meals;
(i) Each center shall serve religious diets when approved and petitioned in writing by a religious professional on behalf of a juvenile and approved by the juvenile detention center director;
(j) Juvenile detention center directors shall provide a written method of ensuring regular monitoring of daily housekeeping, pest control and sanitation practices, and centers shall comply with all federal, state and local sanitation and health codes;
(k) Juvenile detention center staff shall screen detainees for medical, dental and mental health needs during the intake process. If medical, dental or mental health assistance is indicated by the screening, or if the intake officer deems it necessary, the detainee shall be provided access to appropriate health care professionals for evaluation and treatment. Youth who are held less than seventy-two (72) hours shall receive treatment for emergency medical, dental or mental health assistance or chronic conditions if a screening indicates such treatment is needed. A medical history of all detainees shall be completed by the intake staff of the detention center immediately after arrival at the facility by using a medical history form which shall include, but not be limited to, the following:
(i) Any medical, dental and mental health treatments and medications the juvenile is taking;
(ii) Any chronic health problems such as allergies, seizures, diabetes, hearing or sight loss, hearing conditions or any other health problems; and
(iii) Documentation of all medications administered and all health care services rendered;
(l) Juvenile detention center detainees shall be provided access to medical care and treatment while in custody of the facility;
(m) Each center shall provide reasonable access by youth services or county counselors for counseling opportunities. The youth service or county counselor shall visit with detainees on a regular basis;
(n) Juvenile detention center detainees shall be referred to other counseling services when necessary including: mental health services; crisis intervention; referrals for treatment of drugs and alcohol and special offender treatment groups;
(o) Local school districts shall work collaboratively with juvenile detention center staff to provide special education services as required by state and federal law;
(p) Recreational services shall be made available to juvenile detainees for purpose of physical exercise;
(q) Juvenile detention center detainees shall have the opportunity to participate in the practices of their religious faith as long as such practices do not violate facility rules and are approved by the director of the juvenile detention center;
(r) Each center shall provide sufficient space for a visiting room, and the facility shall encourage juveniles to maintain ties with families through visitation, and the detainees shall be allowed the opportunity to visit with the social workers, counselors and lawyers involved in the juvenile's care;
(s) Juvenile detention centers shall ensure that staffs create transition planning for youth leaving the facilities. Plans shall include providing the youth and his or her parents or guardian with copies of the youth's detention center education and health records, information regarding the youth's home community, referrals to mental and counseling services when appropriate, and providing assistance in making initial appointments with community service providers; and
(t) The Juvenile Detention Facilities Monitoring Unit shall monitor the detention facilities for compliance with these minimum standards, and no child shall be housed in a detention facility the monitoring unit determines is substantially out of compliance with the standards prescribed in this subsection.
* * *
(6) Programs and services shall be initiated for all juveniles once they have completed the admissions process.
(7) Programs and professional services may be provided by the detention staff, youth court staff or the staff of the local or state agencies, or those programs and professional services may be provided through contractual arrangements with community agencies.
(8) Persons providing the services required in this section must be qualified or trained in their respective fields.
(9) All directors of juvenile detention centers shall amend or develop written procedures to fit the programs and services described in this section.
SECTION 5. Section 43-21-605, Mississippi Code of 1972, is amended as follows:
43-21-605. (1) In delinquency cases, the disposition order may include any of the following alternatives:
(a) Release the child without further action;
(b) Place the child in the custody of the parents, a relative or other persons subject to any conditions and limitations, including restitution, as the youth court may prescribe;
(c) Place the child on probation subject to any reasonable and appropriate conditions and limitations, including restitution, as the youth court may prescribe;
(d) Order terms of treatment calculated to assist the child and the child's parents or guardian which are within the ability of the parent or guardian to perform;
(e) Order terms of supervision which may include participation in a constructive program of service or education or civil fines not in excess of Five Hundred Dollars ($500.00), or restitution not in excess of actual damages caused by the child to be paid out of his own assets or by performance of services acceptable to the victims and approved by the youth court and reasonably capable of performance within one (1) year;
(f) Suspend the child's driver's license by taking and keeping it in custody of the court for not more than one (1) year;
(g) Give legal custody of the child to any of the following:
(i) The Department of Human Services for appropriate placement; or
(ii) Any public or private organization, preferably community-based, able to assume the education, care and maintenance of the child, which has been found suitable by the court; or
(iii) The Department of Human Services for placement in a wilderness training program or the Division of Youth Services for placement in a state-supported training school, except that no child under the age of ten (10) years shall be committed to a state training school, and no first-time nonviolent youth offenders shall be committed to a state training school until all other options provided for in this section have been considered and the court makes a specific finding of fact that commitment is appropriate.
The training school may retain custody of the child until the child's twentieth birthday but for no longer. When the child is committed to a training school, the child shall remain in the legal custody of the training school until the child has made sufficient progress in treatment and rehabilitation and it is in the best interest of the child to release the child. However, the superintendent of a state training school, in consultation with the treatment team, may parole a child at any time he may deem it in the best interest and welfare of such child. Twenty (20) days prior to such parole, the training school shall notify the committing court of the pending release. The youth court may then arrange subsequent placement after a reconvened disposition hearing, except that the youth court may not recommit the child to the training school or any other secure facility without an adjudication of a new offense or probation or parole violation. The Department of Human Services shall ensure that staffs create transition planning for youth leaving the facilities. Plans shall include providing the youth and his or her parents or guardian with copies of the youth's training school education and health records, information regarding the youth's home community, referrals to mental and counseling services when appropriate, and providing assistance in making initial appointments with community service providers. Prior to assigning the custody of any child to any private institution or agency, the youth court through its designee shall first inspect the physical facilities to determine that they provide a reasonable standard of health and safety for the child. No child shall be placed in the custody of a state training school for a status offense or for contempt of or revocation of a status offense adjudication unless the child is contemporaneously adjudicated for having committed an act of delinquency that is not a status offense. A disposition order rendered under this subparagraph shall meet the following requirements:
1. The disposition is the least restrictive alternative appropriate to the best interest of the child and the community;
2. The disposition allows the child to be in reasonable proximity to the family home community of each child given the dispositional alternatives available and the best interest of the child and the state; and
3. The disposition order provides that the court has considered the medical, educational, vocational, social and psychological guidance, training, social education, counseling, substance abuse treatment and other rehabilitative services required by that child as determined by the court;
(h) Recommend to the child and the child's parents or guardian that the child attend and participate in the Youth Challenge Program under the Mississippi National Guard, as created in Section 43-27-203, subject to the selection of the child for the program by the National Guard; however, the child must volunteer to participate in the program. The youth court shall not order any child to apply or attend the program;
(i) (i) Adjudicate the juvenile to the Statewide Juvenile Work Program if the program is established in the court's jurisdiction. The juvenile and his parents or guardians must sign a waiver of liability in order to participate in the work program. The judge will coordinate with the youth services counselors as to placing participants in the work program;
(ii) The severity of the crime, whether or not the juvenile is a repeat offender or is a felony offender will be taken into consideration by the judge when adjudicating a juvenile to the work program. The juveniles adjudicated to the work program will be supervised by police officers or reserve officers. The term of service will be from twenty-four (24) to one hundred twenty (120) hours of community service. A juvenile will work the hours to which he was adjudicated on the weekends during school and weekdays during the summer. Parents are responsible for a juvenile reporting for work. Noncompliance with an order to perform community service will result in a heavier adjudication. A juvenile may be adjudicated to the community service program only two (2) times;
(iii) The judge shall assess an additional fine on the juvenile which will be used to pay the costs of implementation of the program and to pay for supervision by police officers and reserve officers. The amount of the fine will be based on the number of hours to which the juvenile has been adjudicated;
(j) Order the child to participate in a youth court work program as provided in Section 43-21-627; * * *
(k) Order the child into a juvenile detention center operated by the county or into a juvenile detention center operated by any county with which the county in which the court is located has entered into a contract for the purpose of housing delinquents. The time period for * * * detention cannot exceed ninety (90) days, and any detention exceeding forty-five (45) days shall be administratively reviewed by the youth court no later than forty-five (45) days after the entry of the order. The youth court judge may order that the number of days specified in the detention order be served either throughout the week or on weekends only. No first-time nonviolent youth offender shall be committed to a detention center for a period of ninety (90) days until all other options provided for in this section have been considered and the court makes a specific finding of fact that commitment to a detention center is appropriate. However, if a child is committed to a detention center ninety (90) consecutive days, the disposition order shall meet the following requirements:
(i) The disposition order is the least restrictive alternative appropriate to the best interest of the child and the community;
(ii) The disposition order allows the child to be in reasonable proximity to the family home community of each child given the dispositional alternatives available and the best interest of the child and the state; and
(iii) The disposition order provides that the court has considered the medical, educational, vocational, social and psychological guidance, training, social education, counseling, substance abuse treatment and other rehabilitative services required by that child as determined by the court; or
(l) Referral to A-team provided system of care services.
(2) If a disposition order requires that a child miss school due to other placement, the youth court shall notify a child's school while maintaining the confidentiality of the youth court process.
(3) In addition to any of the disposition alternatives authorized under subsection (1) of this section, the disposition order in any case in which the child is adjudicated delinquent for an offense under Section 63-11-30 shall include an order denying the driver's license and driving privileges of the child as required under Section 63-11-30(9).
(4) If the youth court places a child in a state-supported training school, the court may order the parents or guardians of the child and other persons living in the child's household to receive counseling and parenting classes for rehabilitative purposes while the child is in the legal custody of the training school. A youth court entering an order under this subsection (4) shall utilize appropriate services offered either at no cost or for a fee calculated on a sliding scale according to income unless the person ordered to participate elects to receive other counseling and classes acceptable to the court at the person's sole expense.
(5) Fines levied under this chapter shall be paid into the general fund of the county but, in those counties wherein the youth court is a branch of the municipal government, it shall be paid into the municipal treasury.
(6) Any institution or agency to which a child has been committed shall give to the youth court any information concerning the child as the youth court may at any time require.
(7) The youth court shall not place a child in another school district who has been expelled from a school district for the commission of a violent act. For the purpose of this subsection, "violent act" means any action which results in death or physical harm to another or an attempt to cause death or physical harm to another.
(8) The youth court may require drug testing as part of a disposition order. If a child tests positive, the court may require treatment, counseling and random testing, as it deems appropriate. The costs of such tests shall be paid by the parent, guardian or custodian of the child unless the court specifically finds that the parent, guardian or custodian is unable to pay.
(9) The Mississippi Department of Human Services, Division of Youth Services, shall operate and maintain services for youth adjudicated delinquent at Columbia and Oakley Training Schools. The program shall be designed for children committed to the training schools by the youth courts. The purpose of the program is to promote good citizenship, self-reliance, leadership and respect for constituted authority, teamwork, cognitive abilities and appreciation of our national heritage. The Division of Youth Services shall issue credit towards academic promotions and high school completion. The Division of Youth Services may award credits to each student who meets the requirements for a general education development certification. The Division of Youth Services must also provide to each special education eligible youth the services required by that youth's individualized education plan.
(10) There is created a study committee to determine what entity should be responsible for providing the educational services within detention centers to ensure that detained youth receive adequate educational services. The study is also to include, but is not limited to, the examination of the costs of providing such educational services. The study committee shall consist of the following 10 members:
(a) The Chairperson of the House of Representatives of the Juvenile Justice Committee;
(b) The Chairperson of the Senate Judiciary B Committee;
(c) The Chairperson of the House of Representatives Education Committee or his or her designee;
(d) The Chairperson of the Senate Education Committee or his or her designee;
(e) Three (3) members from the House of Representatives, appointed by the Chairperson of the Juvenile Justice Committee; and
(f) Three (3) members from the Senate, appointed by the Chairperson of the Senate Judiciary B Committee.
At its first meeting the study committee shall elect a chairperson and vice chairperson from its membership and shall adopt rules for transacting its business and keeping its records.
By October 31, 2006, the study committee shall make a report of its work and recommendations.
SECTION 6. Section 43-27-201, Mississippi Code of 1972, is amended as follows:
43-27-201. (1) The purpose of this section is to outline and structure a long-range proposal in addition to certain immediate objectives for improvements in the juvenile correctional facilities of the Division of Youth Services of the Mississippi Department of Human Services in order to provide modern and efficient correctional and rehabilitation facilities for juvenile offenders in Mississippi, who are committing an increasing percentage of serious and violent crimes.
(2) The Department of Finance and Administration, acting through the Bureau of Building, Grounds and Real Property Management, using funds from bonds issued under this chapter, monies appropriated by the Legislature for such purposes, federal matching or other federal funds, federal grants or other available funds from whatever source, shall provide for, by construction, lease, lease-purchase or otherwise, and equip the following juvenile correctional facilities under the jurisdiction and responsibility of the Division of Youth Services of the Department of Human Services:
(a) Construct an additional one-hundred-fifty-bed, stand-alone, medium security juvenile correctional facility for habitual violent male offenders, which complies with American Correctional Association Accreditation standards and applicable building and fire safety codes. The medium security, male juvenile facility location shall be on property owned by the Division of Youth Services, or its successor, or at a site selected by the Bureau of Building, Grounds and Real Property Management on land which is hereafter donated to the state specifically for the location of such facility.
(b) Construct an additional one-hundred-bed minimum security juvenile correctional facility for female offenders, and an additional stand-alone, fifteen-bed maximum security juvenile correctional facility for female offenders, which complies with American Correctional Association Accreditation standards and applicable building and fire safety codes. The minimum security and maximum security female juvenile facilities location shall be on property owned by the Division of Youth Services, or its successor, or at a site selected by the Bureau of Building, Grounds and Real Property Management on land which is hereafter donated to the state specifically for the location of such facility.
(3) Upon the selection of a proposed site for a correctional facility for juveniles authorized under subsection (2), the Bureau of Building, Grounds and Real Property Management of the Department of Finance and Administration shall notify the board of supervisors of the county in which such facility is proposed to be located and shall publish a notice as hereinafter set forth in a newspaper having general circulation in such county. Such notice shall include a description of the tract of land in the county whereon the facility is proposed to be located, the nature and size of the facility and the date on which the determination of the Bureau of Building, Grounds and Real Property Management shall be final as to the location of such facility, which date shall not be less than forty-five (45) days following the first publication of such notice. Such notice shall include a brief summary of the provisions of this section pertaining to the petition for an election on the question of the location of the juvenile housing facility in such county. Such notice shall be published not less than one (1) time each week for at least three (3) consecutive weeks in at least one (1) newspaper published in such county.
If no petition requesting an election is filed before the date of final determination stated in such notice, then the bureau shall give final approval to the location of such facility.
If at any time before the aforesaid date a petition signed by twenty percent (20%), or fifteen hundred (1,500), whichever is less, of the qualified electors of the county involved shall be filed with the board of supervisors requesting that an election be called on the question of locating such facility, then the board of supervisors shall adopt a resolution calling an election to be held within such county upon the question of the location of such facility. Such election shall be held, as far as practicable, in the same manner as other elections are held in counties. At such election, all qualified electors of the county may vote, and the ballots used at such election shall have printed thereon a brief statement of the facility to be constructed and the words "For the construction of the facility in (here insert county name) County" and "Against the construction of the facility in (here insert county name) County." The voter shall vote by placing a cross (X) or check mark (√) opposite his choice on the proposition. When the results of the election on the question of the construction of the facility shall have been canvassed by the election commissioners of the county and certified by them to the board of supervisors, it shall be the duty of the board of supervisors to determine and adjudicate whether or not a majority of the qualified electors who voted thereon in such election voted in favor of the construction of the facilities in such county. Unless a majority of the qualified electors who voted in such election shall have voted in favor of the construction of the facilities in such county, then such facility shall not be constructed in such county.
(4) The Division of Youth Services shall establish, maintain and operate an Adolescent Offender Program (AOP), which may include non-Medicaid assistance eligible juveniles. Beginning July 1, 2006, subject to availability of funds appropriated therefor by the Legislature, the Division of Youth Services shall phase in AOPs in every county of the state over a period of four (4) years. The phase-in of the AOPs shall be as follows:
(a) As of July 1, 2007, not less than twenty (20) counties shall be served by at least one (1) AOP;
(b) As of July 1, 2008, not less than forty (40) counties shall be served by at least one (1) AOP;
(c) As of July 1, 2009, not less than sixty (60) counties shall be served by at least one (1) AOP; and
(d) As of July 1, 2010, all eighty-two (82) counties shall be served by at least one (1) AOP.
AOP professional services, salaries, facility offices, meeting rooms and related supplies and equipment may be provided through contract with local mental health or other nonprofit community organizations. Each AOP must incorporate evidence-based practices and positive behavioral intervention that includes two (2) or more of the following elements: academic, tutoring, literacy, mentoring, vocational training, substance abuse treatment, family counseling and anger management. Programs may include, but shall not be limited to, after school and weekend programs, job readiness programs, home detention programs, community service conflict resolution programs, restitution and community service.
(5) The Division of Youth Services shall operate and maintain the Forestry Camp Number 43 at the Columbia Training School, originally authorized and constructed in 1973, to consist of a twenty-bed dormitory, four (4) offices, a classroom, kitchen, dining room, day room and apartment. The purpose of this camp shall be to train juvenile detention residents for community college and other forestry training programs.
(6) The Division of Youth Services shall establish a ten-bed transitional living facility for the temporary holding of training school adolescents who have reached their majority, have completed the GED requirement, and are willing to be rehabilitated until they are placed in jobs, job training or postsecondary programs. Such transitional living facility may be operated pursuant to contract with a nonprofit community support organization.
SECTION 7. (1) There is established the Youth Court Incarceration Alternatives Fund. The purpose of the fund shall be to provide funding for grants or services to Mississippi youth courts to develop nonduplicative programs or support services that promote uniformity of the youth court system. Programs funded through the Youth Court Incarceration Alternatives Fund must be nonresidential, community-based programs that incorporate evidence-based practices and positive behavioral interventions. Monies from this fund shall be administered by the Department of Public Safety.
(2) Any youth court must submit an application to the Department of Public Safety. The application must include a description of the purpose for which assistance is requested, the amount of assistance requested and any other information required by the Department of Public Safety, in consultation with the Department of Human Services and Administrative Office of Courts.
(3) There is created in the State Treasury a special fund to be designated as the "Youth Court Incarceration Alternatives Fund," which shall consist of funds appropriated or otherwise made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be distributed to the youth courts by the Department of Public Safety for the purposes described in this section.
SECTION 8. (1) There is established the Tony Gobar Juvenile Justice Alternative Sanction Grant Program for the purpose of providing grants to faith-based organizations and nonprofit 501 (c)(3) organizations that develop and operate community-based alternatives to the training schools and detention centers. In order to be eligible for a grant under this section, a faith-based or nonprofit 501(c)(3) organization in cooperation with a youth court must develop and operate a juvenile justice alternative sanction designed for delinquent youths. The program must be designed to decrease reliance on commitment in juvenile detention facilities and training schools. Programs must not duplicate existing programs or services and must incorporate evidence-based practices and positive behavioral intervention including two (2) or more of the following elements: academic tutoring/literacy, dropout prevention, mentoring, vocational training, substance abuse treatment, family counseling and anger management, and faith-based programming. Programs may include, but shall not be limited to, after school and weekend programming, job readiness programs, home detention programs, restitution, conflict resolution programs, and community service.
(2) A faith-based or nonprofit 501(c)(3) must submit an application to the Department of Public Safety. The application must include a description of the purpose for which assistance is requested, the amount of assistance requested and any other information required by the Department of Public Safety in consultation with the Department of Human Services.
(3) The Department of Public Safety shall have all powers necessary to implement and administer the program established under this section, and the department shall
promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this section.
(4) There is created in the State Treasury a special fund to be designated as the "Tony Gobar Juvenile Justice Alternative Sanctions Grant Fund," which shall consist of funds appropriated or otherwise made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund
shall be deposited to the credit of the fund. Monies in the fund shall be used by the Department of Public Safety for the purposes described in this section.
SECTION 9. This act shall take effect and be in force from and after July 1, 2006.