MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Public Health and Human Services
By: Representatives Currie, Bain, Boyd, Reynolds, Sykes, Bounds, Taylor, Karriem, Miles
AN ACT TO AMEND SECTIONS 9-27-1 THROUGH 9-27-19, MISSISSIPPI CODE OF 1972, TO REVISE THE RIVERS MCGRAW MENTAL HEALTH DIVERSION PILOT PROGRAM ACT TO BE THE RIVERS MCGRAW MENTAL HEALTH COURT ACT AND ALLOW MENTAL HEALTH COURTS TO BE ESTABLISHED THROUGHOUT THE STATE; TO CREATE NEW SECTION 9-27-6, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE ADMINISTRATIVE OFFICE OF COURTS SHALL BE RESPONSIBLE FOR CERTIFICATION AND MONITORING OF LOCAL MENTAL HEALTH COURTS; TO ESTABLISH THE STATE MENTAL HEALTH COURTS ADVISORY COMMITTEE; TO CREATE NEW SECTION 9-27-23, MISSISSIPPI CODE OF 1972, TO ESTABLISH THE MENTAL HEALTH COURT FUND; TO AMEND SECTION 43-21-357, MISSISSIPPI CODE OF 1972, TO ALLOW THE YOUTH COURT INTAKE UNIT TO RECOMMEND THAT A CHILD BE REFERRED TO THE YOUTH COURT MENTAL HEALTH COURT AND TO ALLOW THE YOUTH COURT THE OPTION TO ORDER THAT A CHILD BE REFERRED TO THE YOUTH COURT MENTAL HEALTH COURT; TO AMEND SECTION 25-3-35, MISSISSIPPI CODE OF 1972, TO SPECIFY DUTIES IMPOSED ON SUPREME COURT JUSTICES, CHANCERY COURT JUDGES AND CIRCUIT COURT JUDGES RELATING TO MENTAL HEALTH COURTS; TO REPEAL SECTION 9-27-21, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES CERTAIN CIRCUIT COURT DISTRICTS TO ESTABLISH MENTAL HEALTH DIVERSION PILOT PROGRAMS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-27-1, Mississippi Code of 1972, is amended as follows:
9-27-1. This chapter shall
be known and may be cited as the Rivers McGraw Mental Health * * * Court Act.
SECTION 2. Section 9-27-3, Mississippi Code of 1972, is amended as follows:
9-27-3. (1) The
Legislature recognizes the critical need for judicial intervention to
establish court processes and procedures that are more responsive to the needs
of defendants with mental illnesses, while maintaining public safety and the
integrity of the court process. It is the intent of the Legislature to
facilitate * * * local mental health * * * court alternatives * * *
that are adaptable to chancery, circuit, county, youth, municipal and
justice courts.
(2) The goals of the mental
health * * * courts under this chapter include the following:
(a) Reduce the number of future criminal justice contacts among offenders with mental illnesses;
(b) Reduce the inappropriate institutionalization of people with mental illnesses;
(c) Improve the mental
health and well-being of defendants who come in contact with the * * * mental health court;
(d) Improve linkages between the criminal justice system and the mental health system;
(e) Expedite case processing;
(f) Protect public safety;
(g) Establish linkages with other state and local agencies and programs that target people with mental illnesses in order to maximize the delivery of services; and
(h) To use corrections
resources more effectively by redirecting prison-bound offenders whose criminal
conduct is driven in part by mental illnesses to intensive supervision and
clinical treatment available in the mental health * * * court.
SECTION 3. Section 9-27-5, Mississippi Code of 1972, is amended as follows:
9-27-5. For the purposes of
this chapter, the following words and phrases shall have the meanings * * * as defined in this section
unless the context clearly requires otherwise:
(a) "Chemical
tests" means the analysis of * * * a person's: (i) blood,
(ii) breath, (iii) hair, (iv) sweat, (v) saliva, (vi) urine, or (vii) other
bodily substance to determine the presence of alcohol or a controlled
substance.
(b) "Mental
health * * * court" means an immediate and highly structured
intervention process for mental health treatment of eligible defendants or
juveniles that:
(i) Brings together mental health professionals, local social programs and intensive judicial monitoring; and
(ii) Follows the key components of the mental health court curriculum published by the Bureau of Justice of the United States Department of Justice.
(c) "Evidence-based practices" means supervision policies, procedures and practices that scientific research demonstrates reduce recidivism.
(d) "Risk and needs assessment" means the use of an actuarial assessment tool validated on a Mississippi corrections population to determine a person's risk to reoffend and the characteristics that, if addressed, reduce the risk to reoffend.
SECTION 4. The following shall be codified as Section 9-27-6, Mississippi Code of 1972:
9-27-6. (1) The Administrative Office of Courts shall be responsible for certification and monitoring of local mental health courts according to standards promulgated by the State Mental Health Courts Advisory Committee.
(2) The State Mental Health Courts Advisory Committee is established to develop and periodically update proposed statewide evaluation plans and models for monitoring all critical aspects of mental health courts. The committee shall provide the proposed evaluation plans to the Chief Justice and the Administrative Office of Courts. The committee shall be chaired by the Director of the Administrative Office of Courts and shall consist of not less than seven (7) members nor more than eleven (11) members appointed by the Supreme Court and shall be broadly representative of the courts, mental health treatment communities, law enforcement, corrections, juvenile justice and child protective services.
(3) The State Mental Health Courts Advisory Committee may also make recommendations to the Chief Justice, the Director of the Administrative Office of Courts and state officials concerning improvements to mental health court policies and procedures including the mental health court certification process. The committee may make suggestions as to the criteria for eligibility and other procedural and substantive guidelines for mental health court operation.
(4) The State Mental Health Courts Advisory Committee shall act as arbiter of disputes arising out of the operation of mental health courts established under this chapter and make recommendations to improve the mental health courts. The committee shall also make recommendations to the Supreme Court that are necessary and incident to compliance with established rules.
(5) The State Mental Health Courts Advisory Committee shall establish through rules and regulations a viable and fiscally responsible plan to expand the number of adult and juvenile mental health court programs operating in Mississippi. These rules and regulations shall include plans to increase participation in existing and future programs while maintaining their voluntary nature.
(6) The State Mental Health Courts Advisory Committee shall receive and review the monthly reports submitted to the Administrative Office of Courts by each certified mental health court and provide comments and make recommendations, as necessary, to the Chief Justice and the Director of the Administrative Office of Courts.
SECTION 5. Section 9-27-7, Mississippi Code of 1972, is amended as follows:
9-27-7. (1) The
Administrative Office of Courts * * *
shall establish, implement and operate a uniform certification process for
all mental health courts to ensure that funding for mental health courts
supports effective and proven practices that reduce recidivism and
provide treatment for participants.
(2) * * * The Administrative Office of Courts shall establish
a certification process that ensures any new or existing mental health court
meets minimum standards for mental health court operation.
(a) These standards shall include, but are not limited to:
(i) The use of evidence-based practices including, but not limited to, the use of a valid and reliable risk and needs assessment tool to identify participants and deliver appropriate treatments;
(ii) Targeting medium- to high-risk offenders for participation;
(iii) The use of current, evidence-based interventions proven to provide mental health treatment;
(iv) Coordinated
strategy between all mental health * * * court personnel;
(v) Ongoing judicial interaction with each participant; and
(vi) Monitoring
and evaluation of mental health * * * court program
implementation and outcomes through data collection and reporting.
(b) Mental health court certification applications shall include:
(i) A description of the need for the mental health court;
(ii) The targeted population for the mental health court;
(iii) The eligibility criteria for mental health court participants;
(iv) A description of the process for identifying appropriate participants including the use of a risk and needs assessment and a clinical assessment;
(v) A description of the mental health court treatment components including anticipated budget and implementation plan;
(vi) * * * The data
collection plan, which shall include collecting the following data:
* * *1. Total number of participants in
the mental health court program;
* * *2. Total number of successful participants;
* * *3. Total number of unsuccessful
participants and the reason why each participant did not complete the program;
* * *4. Total number of participants who
were arrested for a new criminal offense while in the program;
* * *5. Total number of participants who
were convicted of a new felony or misdemeanor offense while in the program;
* * *6. Total number of participants who
committed at least one (1) violation while in the program and the resulting
sanction(s);
* * *7. Results of the initial risk and
needs assessment or other clinical assessment conducted on each participant;
and
* * *8. Any other data or information
as required by the Administrative Office of Courts.
(c) Every mental health court shall be certified under the following schedule:
(i) A mental health court application submitted on or after July 1, 2018, shall require certification of the mental health court based on the proposed mental health court plan;
(ii) A mental health court established on or after July 1, 2018, must be recertified after its second year of funded operation;
(iii) A mental health court in existence by July 1, 2018, must submit a certification petition by July 1, 2019, and be certified under the requirements of this section before expending mental health court resources budgeted for fiscal year 2020; and
(iv) All mental health courts shall submit a re-certification petition every two (2) years to the Administrative Office of Courts after the initial certification.
(3) * * * All
certified mental health courts shall measure successful completion of the * * * mental health court program
based on those participants who complete the program without a new criminal
conviction.
(4) (a) * * * All certified mental health
courts must collect and submit to the Administrative Office of Courts each
month, the following data:
(i) Total number of participants in the mental health court program at the beginning of the month;
(ii) Total number of participants at the end of the month;
(iii) Total number of participants who began the program in the month;
(iv) Total number of participants who successfully completed the program in the month;
(v) Total number of participants who left the program in the month;
(vi) Total number of participants who were arrested for a new criminal offense while in the program in the month;
(vii) Total number of participants who were convicted for a new criminal arrest while in the program in the month; and
(viii) Total number of participants who committed at least one (1) violation while in the program and any resulting sanction(s).
(b) By August 1, * * * 2019, and each year thereafter, the
Administrative Office of Courts shall report to the PEER Committee the
information in subsection (4)(a) of this section in a sortable, electronic
format.
(5) * * * All
certified mental health courts may individually establish rules and may
make special orders and rules as necessary that do not conflict with rules
promulgated by the Supreme Court or the Administrative Office of Courts.
(6) A * * * certified
mental health court may appoint the full or part-time employees it deems
necessary for the work of the mental health * * * court and shall
fix the compensation of those employees * * *. Those employees shall serve at
the will and pleasure of the * * * judge or the judge's
designee.
(7) The Administrative Office of Courts shall promulgate rules and regulations to carry out the certification and re-certification process and make any other policies not inconsistent with this section to carry out this process.
( * * *8) A * * * certified
mental health court established under this chapter is subject to the
regulatory powers of the Administrative Office of Courts as set forth in
Section 9-27-13.
SECTION 6. Section 9-27-9, Mississippi Code of 1972, is amended as follows:
9-27-9. (1) A mental
health * * * court's mental health intervention component shall
provide for eligible * * *
persons, either directly or through referrals, a range of necessary
court treatment services, including, but not limited to, the following:
(a) Screening using a valid and reliable assessment tool effective for identifying persons affected by mental health issues for eligibility and appropriate services;
(b) Clinical assessment;
(c) Education;
(d) Referral;
(e) Service coordination and case management; and
(f) Counseling and rehabilitative care.
(2) Any inpatient treatment ordered by the court shall be certified by the Department of Mental Health, other appropriate state agency or the equivalent agency of another state.
SECTION 7. Section 9-27-11, Mississippi Code of 1972, is amended as follows:
9-27-11. (1) In order to
be eligible for alternative sentencing through a local mental health * * * court, the
participant must satisfy each of the following criteria:
(a) The participant cannot have any felony convictions for any offenses that are crimes of violence as defined in Section 97-3-2, other than burglary under Section 97-17-23(1), within the previous ten (10) years.
(b) The crime before the court cannot be a crime of violence as defined in Section 97-3-2, other than burglary under Section 97-17-23(1).
(c) Other criminal proceedings alleging commission of a crime of violence as defined in Section 97-3-2, other than burglary under Section 97-17-23(1), cannot be pending against the participant.
(d) The crime before
the court cannot be a charge of driving under the influence of alcohol or any
other substance that resulted in the death of a person. In addition, persons
who are ineligible for nonadjudication under Section 63-11-30 shall be
ineligible to participate in a mental health * * * court program.
(e) The crime charged cannot be one of trafficking in controlled substances under Section 41-29-139(f) or (g), nor can the participant have a prior conviction for same.
(2) Participation in the
services of a mental health treatment component shall be open only to the * * * persons over whom the court
has jurisdiction, except that the court may agree to provide the services for * * * persons referred from
another mental health * * * court. In cases transferred from another
jurisdiction, the receiving judge shall act as a special master and make
recommendations to the sentencing judge.
(3) (a) As a condition of
participation in a mental health * * * court, a participant
may be required to undergo a chemical test or a series of chemical tests as
specified by the * * *
mental health court. A participant is liable for the costs of all
chemical tests required under this section, regardless of whether the costs are
paid to the mental health * * *diversion program court or the laboratory; however, if
testing is available from other sources or the program itself, the judge may
waive any fees for testing.
(b) A laboratory that
performs a chemical test under this section shall report the results of the
test to the mental health * * *diversion program court.
(4) A person does not have
a right to participate in a mental health * * * court under this
chapter. The court having jurisdiction over a person for a matter before the
court shall have the final determination about whether the person may
participate in the mental health * * * court under this
chapter.
SECTION 8. Section 9-27-13, Mississippi Code of 1972, is amended as follows:
9-27-13. With regard to any
mental health * * * court established under this chapter, the
Administrative Office of Courts shall do the following:
(a) Certify and re-certify mental health court applications that meet standards established by the Administrative Office of Courts in accordance with this chapter.
(b) Ensure that the structure of the treatment component complies with rules adopted under this section and applicable federal regulations.
(c) Revoke the authorization of a mental health court program upon a determination that the program does not comply with rules adopted under this section and applicable federal regulations.
(d) Make agreements and contracts to effectuate the purposes of this chapter with:
(i) Another department, authority or agency of the state;
(ii) Another state;
(iii) The federal government;
(iv) A state-supported or private university; or
(v) A public or private agency, foundation, corporation or individual.
(e) Directly, or by contract, approve and certify any treatment component established under this chapter.
(f) Require, as a condition of operation, that each mental health court created or funded under this chapter be certified by the Administrative Office of Courts.
( * * *g) Collect monthly data reports
submitted by all * * * certified mental health courts,
compile an annual report summarizing the data collected and the outcomes
achieved by all * * * certified mental health courts
and submit the annual report to the Supreme Court, the Legislature, the
Governor and the PEER Committee.
( * * *h) * * * Every three (3) years, contract
with an external evaluator to conduct an evaluation of the effectiveness of the
mental health * * * court program, both statewide and individual
mental health court programs, in complying with the key components of the
mental health * * * courts.
( * * *i) Adopt rules to implement this
chapter.
SECTION 9. Section 9-27-15, Mississippi Code of 1972, is amended as follows:
9-27-15. (1) All monies
received from any source by a mental health * * * court shall be * * * deposited in a * * * fund to be used only for mental health * * * court purposes.
Any funds remaining in * * * this fund at the end of a fiscal year shall not lapse
into any general fund, but shall be retained in the mental health * * * court fund
for the funding of further activities by the mental health * * * court. * * *
(2) A mental health * * * court may apply
for and receive the following:
(a) Gifts, bequests and donations from private sources.
(b) Grant and contract monies from governmental sources.
(c) Other forms of
financial assistance approved by the court to supplement the budget of the
mental health * * * court.
(3) The costs of
participation in a mental health treatment program required by the mental
health * * * court may be paid by the participant or out of user
fees or such other state, federal or private funds that may, from time to time,
be made available.
(4) The court may assess
reasonable and appropriate fees to be paid to the local mental health * * * court fund for
participation in a mental health treatment program.
SECTION 10. Section 9-27-17, Mississippi Code of 1972, is amended as follows:
9-27-17. The director and
members of the professional and administrative staff of the mental health * * * court who
perform duties in good faith under this chapter are immune from civil liability
for:
(a) Acts or omissions in providing services under this chapter; and
(b) The reasonable
exercise of discretion in determining eligibility to participate in the mental
health * * * court.
SECTION 11. Section 9-27-19, Mississippi Code of 1972, is amended as follows:
9-27-19. If the participant
completes all requirements imposed upon him by the mental health * * * court, including
the payment of fines and fees assessed, the charge and prosecution shall be
dismissed. If the defendant or participant was sentenced at the time of entry
of a plea of guilty, the successful completion of the mental health * * * court order and
other requirements of probation or suspension of sentence will result in the
record of the criminal conviction or adjudication being expunged. However,
no expunction of any implied consent violation shall be allowed.
SECTION 12. The following shall be codified as Section 9-27-23, Mississippi Code of 1972:
9-27-23. There is created in the State Treasury a special fund to be known as the Mental Health Court Fund. The purpose of the fund shall be to provide supplemental funding to all mental health courts in the state. Monies in the fund shall be expended by the Administrative Office of Courts, upon appropriation by the Legislature, according to procedures set by the State Mental Health Courts Advisory Committee to assist the mental health courts in the state.
The fund shall consist of: (a) monies appropriated by the Legislature for the purposes of funding mental health courts; (b) the interest accruing to the fund; (c) monies received from the federal government; and (d) monies received from such other sources as may be provided by law. Monies remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund.
SECTION 13. Section 43-21-357, Mississippi Code of 1972, is amended as follows:
43-21-357. (1) After
receiving a report, the youth court intake unit shall promptly make a
preliminary inquiry to determine whether the interest of the child, other
children in the same environment or the public requires the youth court to take
further action. As part of the preliminary inquiry, the youth court intake
unit may request or the youth court may order the Department of Human Services, * * * the
Department of Child Protection Services, any successor agency or any other
qualified public employee to make an investigation or report concerning the
child and any other children in the same environment, and present the findings
thereof to the youth court intake unit. If the youth court intake unit
receives a neglect or abuse report, the youth court intake unit shall
immediately forward the complaint to the Department of * * * Child Protection Services to
promptly make an investigation or report concerning the child and any other children
in the same environment and promptly present the findings thereof to the youth
court intake unit. If it appears from the preliminary inquiry that the child
or other children in the same environment are within the jurisdiction of the
court, the youth court intake unit shall recommend to the youth court:
(a) That the youth court take no action;
(b) That an informal adjustment be made;
(c) The Department of * * * Child Protection Services * * * monitor
the child, family and other children in the same environment;
(d) That the child is warned or counseled informally;
(e) That the child be
referred to the youth court drug court; * * *
(f) That the child be referred to the youth court mental health court; or
( * * *g) That a petition be filed.
(2) The youth court shall then, without a hearing:
(a) Order that no action be taken;
(b) Order that an informal adjustment be made;
(c) Order that the
Department of * * *
Child Protection Services * * *
monitor the child, family and other children in the same environment;
(d) Order that the child is warned or counseled informally;
(e) Order that
the child be referred to the youth court drug court; * * *
(f) Order that the child be referred to the youth court mental health court; or
( * * *g) Order that a petition be filed.
(3) If the preliminary inquiry discloses that a child needs emergency medical treatment, the judge may order the necessary treatment.
SECTION 14. Section 25-3-35, Mississippi Code of 1972, is amended as follows:
25-3-35. (1) The annual salaries of the following judges are fixed as follows:
* * *
Chief Justice of the Supreme Court............. $159,000.00
Presiding Justices of the Supreme Court, each.. 154,833.00
Associate Justices of the Supreme Court, each.. 152,250.00
There are imposed upon the Supreme Court justices the extra duties of taking all necessary action to promote judicial education in schools, drug courts, mental health courts, electronic filing and case management systems as developed by the Administrative Office of Courts, or such other additional duties as may be assigned by the Chief Justice of the Supreme Court. For such extra services each justice, from and after January 1, 2013, shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (1).
The fixed salaries in this subsection (1) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than: One Hundred Fifteen Thousand Three Hundred Ninety Dollars ($115,390.00) of the Chief Justice's salary in this subsection (1), One Hundred Thirteen Thousand One Hundred Ninety Dollars ($113,190.00) of the salary of a presiding justice in this subsection (1), and One Hundred Twelve Thousand Five Hundred Thirty Dollars ($112,530.00) of the salary of an associate justice in this subsection (1) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of the Chief Justice, a presiding justice and an associate justice to the levels set forth in this subsection (1).
The fixed salaries as specified in this subsection (1) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(2) The annual salaries of the judges of the Court of Appeals of Mississippi are fixed as follows:
* * *
Chief Judge of the Court of Appeals............ $147,578.00
Associate Judges of the Court of Appeals, each. 144,827.00
From and after January 1, 2013, each judge shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (2).
The fixed salaries in this subsection (2) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than One Hundred Eight Thousand One Hundred Thirty Dollars ($108,130.00) of the Chief Judge's salary in this subsection (2) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the Chief Judge's salary to the level set forth in this subsection (2). No less than One Hundred Five Thousand Fifty Dollars ($105,050.00) of the salary of an associate judge in this subsection (2) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of an associate judge to the level set forth in this subsection (2).
The fixed salaries as specified in this subsection (2) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(3) The annual salaries of the chancery and circuit court judges are fixed as follows:
* * *
Chancery Judges, each.......................... $136,000.00
Circuit Judges, each........................... 136,000.00
In addition to their present official duties, the circuit and chancery judges shall take necessary action to promote judicial education in schools, drug courts, mental health courts, electronic filing and case management systems as developed by the Administrative Office of Courts, or such other additional duties as may be assigned by the Chief Justice of the Supreme Court. For such extra services each judge, from and after January 1, 2013, shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (3).
The fixed salaries in this subsection (3) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than One Hundred Four Thousand One Hundred Seventy Dollars ($104,170.00) of the salary of a chancery or circuit Judge in this subsection (3) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of a chancery or circuit judge to the levels set forth in this subsection (3).
(4) From and after January 1, 2019, and every four (4) years thereafter, the annual salaries of the judges in subsections (1), (2) and (3) shall be fixed at the level of compensation recommended by the State Personnel Board according to the board's most recent report on judicial salaries, as required under Section 25-9-115, to the extent that sufficient funds are available. The annual salaries fixed in accordance with this subsection (4) shall not become effective until the commencement of the next immediately succeeding term of office.
(5) The Supreme Court shall prepare a payroll for chancery judges and circuit judges and submit such payroll to the Department of Finance and Administration.
(6) The annual salary of the full-time district attorneys shall be * * *
One
Hundred Twenty-five Thousand Nine Hundred Dollars ($125,900.00).
(7) The annual salary of the full-time legal assistants shall be not less than Fifteen Thousand Dollars ($15,000.00) nor more than eighty percent (80%) of the salary of the district attorney for legal assistants who have been licensed to practice law for five (5) years or less; eighty-five percent (85%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least five (5) years but less than fifteen (15) years; and ninety percent (90%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least fifteen (15) years or more.
SECTION 15. Section 9-27-21, Mississippi Code of 1972, which authorizes certain circuit court districts to establish mental health diversion pilot programs, is repealed.
SECTION 16. This act shall take effect and be in force from and after July 1, 2018.