House Bill 480

AN ACT TO AMEND SECTION 43-21-311, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHEN A YOUTH WHO IS 15 YEARS OF AGE OR YOUNGER IS TAKEN INTO CUSTODY FOR COMMITTING A DELINQUENT ACT, THE YOUTH SHALL CONSULT WITH LEGAL COUNSEL BEFORE WAIVING HIS OR HER RIGHTS; TO REQUIRE THE YOUTH COURT TO CONSIDER THE EFFECT OF THE FAILURE TO COMPLY WITH THE REQUIREMENT OF CONSULTING WITH LEGAL COUNSEL, WHEN APPLICABLE, BEFORE WAIVING HIS OR HER RIGHTS WHEN ADJUDICATING THE ADMISSIBILITY OF CERTAIN STATEMENTS; TO REQUIRE THE GOVERNOR TO CONVENE A PANEL TO EXAMINE THE EFFECTS AND OUTCOMES RELATED TO THE REQUIREMENT THAT LEGAL COUNSEL BE CONSULTED BEFORE CERTAIN RIGHTS ARE WAIVED BY CERTAIN YOUTH; TO AMEND SECTION 43-21-405, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 43-21-311, Mississippi Code of 1972, is amended as follows:

43-21-311. (1) Subject to the requirements prescribed under subsection (2)_of this section, when applicable, 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;

(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) (a) Before a custodial interrogation of a youth who has been accused of committing a delinquent act, and before the waiver of any Miranda rights or any rights prescribed under subsection (1) of this section, a youth fifteen (15) years of age or younger shall consult with legal counsel in person, by telephone, or by video conference. The consultation may not be waived.

(b) The court shall, in adjudicating the admissibility of statements of a youth fifteen (15) years of age or younger made during or after a custodial interrogation, consider the effect of failure to comply with this subsection.

(c) This subsection shall not apply to the admissibility of statements of a youth fifteen (15) years of age or younger if both of the following criteria are met:

(i) The officer who questioned the youth reasonably believed the information he or she sought was necessary to protect life or property from an imminent threat; and

(ii) The officer's questions were limited to those questions that were reasonably necessary to obtain that information.

(d) This subsection shall not require a probation or parole officer who is monitoring a youth who is under the jurisdiction of youth court to comply with this subsection in the normal performance of his or her duties.

( * * *23) 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.

( * * *34) 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.

( * * *45) 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.

(6) (a) The Governor or his designee, shall convene a panel of at least seven (7) experts to review the implementation of subsection (2) of this section and to examine the effects and outcomes related to the implementation of subsection (2) of this section, including, but not limited to, the appropriate age of youth to whom subsection (2) should apply. The panel shall be composed of the following:

(i) A representative of the Mississippi Public Defenders Association;

(ii) A representative of the Mississippi Prosecutors Association;

(iii) A representative of a statewide association representing law enforcement;

(iv) A representative of the judiciary;

(v) A member of the public possessing expertise and experience in any or all of the following:

1. The juvenile delinquency or dependency systems.

2. Child development or special needs children.

3. The representation of children in juvenile court;

(vi) A member of the public who, as a youth, was involved in the criminal justice system; and

(vii) A criminologist with experience in interpreting crime data.

(b) The panel shall be convened no later than August 1, 2019, and shall review the implementation of this section and examine the effects and outcomes related to the implementation of this section, including, but not limited to, the appropriate age of youth to whom this section should apply.

(c) No later than December 31, 2020, the panel shall provide a report to all members of the Legislature and the Governor, including, but not limited to, relevant data on the effects and outcomes associated with the implementation of subsection (2) of this section as well as any recommendations pertaining to the implementation of the subsection.

(d) Members of the panel shall serve without compensation.

(e) This subsection (6) shall be repealed from and after December 31, 2020.

SECTION 2. Section 43-21-405, Mississippi Code of 1972, is amended as follows:

43-21-405. (1) The informal adjustment process shall be initiated with an informal adjustment conference conducted by an informal adjustment counselor appointed by the judge or his designee.

(2) If the child and his parent, guardian or custodian appear at the informal adjustment conference without counsel, the informal adjustment counselor shall, at the commencement of the conference, inform them of their right to counsel, the child's right to appointment of counsel and the right of the child to remain silent. If either the child or his parent, guardian or custodian indicates a desire to be represented by counsel, the informal adjustment counselor shall adjourn the conference to afford an opportunity to secure counsel, and the requirements of Section 43-21-311(2), when appropriate due to a child's alleged commitment of a delinquent act as well as the age of the child as provided in that subsection, shall be applicable.

(3) At the beginning of the informal adjustment conference, the informal adjustment counselor shall inform the child and his parent, guardian or custodian:

(a) That information has been received concerning the child which appears to establish jurisdiction of the youth court;

(b) The purpose of the informal adjustment conference;

(d) That the informal adjustment process is voluntary with the child and his parent, guardian or custodian and that they may withdraw from the informal adjustment at any time; and

(e) The circumstances under which the informal adjustment process can be terminated under Section 43-21-407.

(4) The informal adjustment counselor shall then discuss with the child and his parent, guardian or custodian:

(a) Recommendations for actions or conduct in the interest of the child to correct the conditions of behavior or environment which may exist;

(b) Continuing conferences and contacts with the child and his parent, guardian or custodian by the informal adjustment counselor or other authorized persons; and

(c) The child's general behavior, his home and school environment and other factors bearing upon the proposed informal adjustment.

(5) After the parties have agreed upon the appropriate terms and conditions of informal adjustment, the informal adjustment counselor and the child and his parent, guardian or custodian shall sign a written informal adjustment agreement setting forth the terms and conditions of the informal adjustment. The informal adjustment agreement may be modified at any time upon the consent of all parties to the informal adjustment conference.

(6) The informal adjustment process shall not continue beyond a period of six (6) months from its commencement unless extended by the youth court for an additional period not to exceed six (6) months by court authorization prior to the expiration of the original six-month period. In no event shall the custody or supervision of a child which has been placed with the Department of Public Welfare be continued or extended except upon a written finding by the youth court judge or referee that reasonable efforts have been made to maintain the child within his own home, but that the circumstances warrant his removal and there is no reasonable alternative to custody, and that reasonable efforts will continue to be made towards reunification of the family.

SECTION 3. This act shall take effect and be in force from and after July 1, 2019.