MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Youth and Family Affairs; Judiciary B
By: Representative Dixon
AN ACT TO AMEND SECTION 43-21-605, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT A YOUTH COURT JUDGE ASSESS AN ADDITIONAL FINE ON A JUVENILE WHO IS A PARTICIPANT IN THE STATE WIDE JUVENILE WORK PROGRAM IN ORDER TO PAY CERTAIN COSTS OF SUPERVISION; TO REMOVE THE REQUIREMENT THAT A JUVENILE PAY TEN DOLLARS TO OFFSET THE COST OF ADMINISTERING AN ALCOHOL AND DRUG TEST; TO AMEND SECTION 43-21-615, MISSISSIPPI CODE OF 1972, TO REMOVE THE AUTHORITY OF A YOUTH COURT JUDGE TO ORDER THE PARENT OF A JUVENILE DELINQUENT TO PAY CERTAIN COSTS RELATED TO NECESSARY MEDICAL TREATMENT OF THE JUVENILE; TO AMEND SECTION 43-21-619, MISSISSIPPI CODE OF 1972, TO REMOVE THE AUTHORITY OF THE YOUTH COURT TO ORDER FINANCIALLY ABLE PARENTS TO PAY FOR COURT ORDERED MEDICAL AND OTHER EXAMINATIONS AND TREATMENT OF HIS OR HER CHILD WHO IS WITHIN THE JUVENILE JUSTICE SYSTEM; TO AMEND SECTION 47-5-1007, MISSISSIPPI CODE OF 1972, TO REMOVE THE MONTHLY FEE THAT IS IMPOSED UPON A JUVENILE WHO IS A PARTICIPANT IN THE INTENSIVE SUPERVISION PROGRAM; TO BRING FORWARD SECTION 43-21-651, MISSISSIPPI CODE OF 1972, WHICH PERTAINS TO CERTAIN FEES PAID TO THE SUPREME COURT OF MISSISSIPPI FOR THE APPEAL OF A YOUTH ORDER OR DECREE BY AN APPELLANT, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 and which are not in conflict with a provider's determination of medical necessity;
(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 Division of Youth Services for placement in the least restrictive environment, except that no child under the age of ten (10) years shall be committed to the state training school. Only a child who has been adjudicated delinquent for a felony may be committed to the training school. In the event a child is committed to the Oakley Youth Development Center by the court, the child shall be deemed to be committed to the custody of the Department of Human Services which may place the child in the Oakley Youth Development Center or another appropriate facility.
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 the 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 the state training school, in consultation with the treatment team, may parole a child at any time he or she may deem it in the best interest and welfare of such child. Ten (10) business days before the parole, the training school shall notify the committing court of the pending release. This notice may be made in less than ten (10) days if Oakley Youth Development Center needs to manage population limitations. 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. Before 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 the 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 for or attend the program;
(i) Adjudicate the
juvenile to the Statewide Juvenile Work Program if the program is established
in the court's jurisdiction. The juvenile and his or her 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 * * *
by taking into consideration the severity of the crime, whether or not
the juvenile is a repeat offender or is a felony offender will also 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 or she 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;
* * *
(j) Order the child to participate in a youth court work program as provided in Section 43-21-627;
(k) Order terms of
house arrest under the intensive supervision program as created in Sections 47-5-1001
through 47-5-1015. The Department of Human Services shall take bids for the
placement of juveniles in the intensive supervision program. The Department of
Human Services shall promulgate rules regarding the supervision of juveniles
placed in the intensive supervision program. For each county there shall be
seventy-five (75) slots created in the intensive supervision program for
juveniles. Any youth ordered into the intensive home-based supervision program
shall receive comprehensive strength-based needs assessments and individualized
treatment plans. Based on the assessment, an individualized treatment plan
shall be developed that defines the supervision and programming that is needed
by a youth. The treatment plan shall be developed by a multidisciplinary team
that includes the family of the youth whenever possible. * * * The juvenile must
attend school, alternative school or be in the process of working toward a High School Equivalency Diploma certificate;
(l) (i) 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. At that time the youth court counselor shall review the status of the youth in detention and shall report any concerns to the court. 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 in excess 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 by a preponderance of the evidence by assessing what is in the best rehabilitative interest of the child and the public safety of communities and that there is no reasonable alternative to a nonsecure setting and therefore commitment to a detention center is appropriate.
(ii) If a child is committed to a detention center for ninety (90) days, the disposition order shall meet the following requirements:
1. The disposition order is the least restrictive alternative appropriate to the best interest of the child and the community;
2. 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
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;
(m) The judge may consider house arrest in an intensive supervision program as a reasonable prospect of rehabilitation within the juvenile justice system. The Department of Human Services shall promulgate rules regarding the supervision of juveniles placed in the intensive supervision program;
(n) Referral to A-team provided system of care services; or
(o) Place the child on electronic monitoring subject to any conditions and limitations as the youth court may prescribe.
(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. If a disposition order requires placement of a child in a juvenile detention facility, the facility shall comply with the educational services and notification requirements of Section 43-21-321.
(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 * * * at no cost * * *.
(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 court * * *.
(9) The Mississippi Department of Human Services, Division of Youth Services, shall operate and maintain services for youth adjudicated delinquent at the Oakley Youth Development Center. 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 program must use evidenced-based practices and gender-specific programming and must develop an individualized and specific treatment plan for each youth. 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.
SECTION 2. Section 43-21-615, Mississippi Code of 1972, is amended as follows:
43-21-615. * * * The costs of conveying any child committed
to any institution or agency shall be paid by the county or municipality from
which the child is committed out of the general treasury of the county or
municipality upon approval of the court. No compensation shall be allowed
beyond the actual and necessary expenses of the child and the person actually
conveying the child. In the case of a female child, the youth court shall
designate some suitable woman to accompany her to the institution or agency.
* * *
SECTION 3. Section 43-21-619, Mississippi Code of 1972, is amended as follows:
43-21-619. * * *
( * * *1) The youth court may order the
parents, guardians or custodians who exercise parental custody and control of a
child who is under the jurisdiction of the youth court and who has willfully or
maliciously caused personal injury or damaged or destroyed property, to pay
such damages or restitution through the court to the victim in an amount not to
exceed the actual loss and to enforce payment thereof. Restitution ordered by
the youth court under this section shall not preclude recovery of damages by
the victim from such child or parent, guardian or custodian or other person who
would otherwise be liable. The youth court also may order the parents,
guardians or custodians of a child who is under the jurisdiction of the youth
court and who willfully or maliciously has caused personal injury or damaged or
destroyed property to participate in a counseling program or other suitable
family treatment program for the purpose of preventing future occurrences of
malicious destruction of property or personal injury.
( * * *2) Such orders under this section
shall constitute a civil judgment and may be enrolled on the judgment rolls in
the office of the circuit clerk of the county where such order was entered, and
further, such order may be enforced in any manner provided by law for civil
judgments.
SECTION 4. Section 47-5-1007, Mississippi Code of 1972, is amended as follows:
47-5-1007. (1) Any
participant in the intensive supervision program who engages in employment
shall pay a monthly fee to the department for each month such person is
enrolled in the program. The department may waive the monthly fee if the
offender is a full-time student or is engaged in vocational training. * * * Money received by the department from
participants in the program shall be deposited into a special fund which is
hereby created in the State Treasury. It shall be used, upon appropriation by
the Legislature, for the purpose of helping to defray the costs involved in
administering and supervising such program. Unexpended amounts remaining in
such special fund at the end of a fiscal year shall not lapse into the State
General Fund, and any interest earned on amounts in such special fund shall be
deposited to the credit of the special fund.
(2) The participant shall admit any correctional officer into his residence at any time for purposes of verifying the participant's compliance with the conditions of his detention.
(3) The participant shall make the necessary arrangements to allow for correctional officers to visit the participant's place of education or employment at any time, based upon the approval of the educational institution or employer, for the purpose of verifying the participant's compliance with the conditions of his detention.
(4) The participant shall acknowledge and participate with the approved electronic monitoring device as designated by the department at any time for the purpose of verifying the participant's compliance with the conditions of his detention.
(5) The participant shall be responsible for and shall maintain the following:
(a) A working telephone line in the participant's home;
(b) A monitoring device in the participant's home, or on the participant's person, or both; and
(c) A monitoring device in the participant's home and on the participant's person in the absence of a telephone.
(6) The participant shall obtain approval from the correctional field officer before the participant changes residence.
(7) The participant shall not commit another crime during the period of home detention ordered by the court or department.
(8) Notice shall be given to the participant that violation of the order of home detention shall subject the participant to prosecution for the crime of escape as a felony.
(9) The participant shall abide by other conditions as set by the court or the department.
SECTION 5. Section 43-21-651, Mississippi Code of 1972, is brought forward as follows:
43-21-651. (1) The court to which appeals may be taken from final orders or decrees of the youth court shall be the Supreme Court of Mississippi. In any case wherein an appeal is desired, written notice of intention to appeal shall be filed with the youth court clerk within the time, and costs in the youth court and the filing fee in the Supreme Court shall be paid, as is otherwise required for appeals to the Supreme Court. If the appellant shall make affidavit that he is unable to pay such costs and filing fee, he shall have an appeal without prepayment of court costs and filing fee. Only the initials of the child shall appear on the record on appeal.
(2) The pendency of an appeal shall not suspend the order or decree of the youth court regarding a child, nor shall it discharge the child from the custody of that court or of the person, institution or agency to whose care such child shall have been committed, unless the youth court or Supreme Court shall so order. If appellant desires to appeal with supersedeas, the matter first shall be presented to the youth court. If refused, the youth court shall forthwith issue a written order stating the reasons for the denial, which order shall be subject to review by the Supreme Court. If the Supreme Court does not dismiss the proceedings and discharge the child, it shall affirm or modify or reverse the order of the youth court and remand the child to the jurisdiction of the youth court for placement and supervision in accordance with its order, and thereafter the child shall be and remain under the jurisdiction of the youth court in the same manner as if the youth court had made the order without an appeal having been taken.
(3) Appeals from the youth court shall be preference cases in the Supreme Court.
SECTION 6. This act shall take effect and be in force from and after July 1, 2019.