MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Judiciary, Division A

By: Senator(s) Doty

Senate Bill 2794

AN ACT TO PROVIDE THAT THE DRUG COURTS SHALL BE CONVERTED INTO PROBLEM-SOLVING COURTS; TO AMEND SECTIONS 9-23-7 AND 9-23-9 MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 9-23-11, MISSISSIPPI CODE OF 1972, TO REQUIRE A LEVEL OF DETAIL IN METADATA REPORTING; TO AMEND SECTION 9-23-15, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR WAIVER OF FEES OTHERWISE OWED BY INDIGENT APPLICANTS; TO AMEND SECTIONS 9-23-17, 9-23-19, 9-23-23 AND 9-25-1, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTIONS 9-27-1, 9-27-3, 9-27-7, 9-27-9, 9-27-11, 9-27-15, 9-27-17 AND 9-27-19, MISSISSIPPI CODE OF 1972, TO CONFORM THE PROVISIONS OF THE RIVERS MCGRAW MENTAL HEALTH DIVERSION PROGRAM; TO CREATE NEW SECTION 9-23-25, MISSISSIPPI CODE OF 1972, TO REQUIRE SPECIAL TRAINING FOR ATTORNEYS PRACTICING IN PROBLEM-SOLVING COURTS; TO REPEAL SECTION 9-27-13, MISSISSIPPI CODE OF 1972, WHICH SETS FORTH THE AUTHORITY OF THE ADMINISTRATIVE OFFICE OF COURTS WITH REGARD TO MENTAL HEALTH DIVERSION PILOT PROGRAMS; TO REPEAL SECTION 9-27-21, MISSISSIPPI CODE OF 1972, WHICH SETS FORTH THE CIRCUIT COURT DISTRICTS ELIGIBLE 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 9-23-7, Mississippi Code of 1972, is amended as follows:

     9-23-7.  The Administrative Office of Courts shall be responsible for certification and monitoring of local * * * drug problem-solving courts according to standards promulgated by the State Drug Courts Advisory Committee.

     SECTION 2.  Section 9-23-9, Mississippi Code of 1972, is amended as follows:

     9-23-9.  (1)  The State * * * Drug Problem-Solving Courts Advisory Committee is established to develop and periodically update proposed statewide evaluation plans and models for monitoring all critical aspects of drug courts, mental health courts, veterans' courts and other problem-solving courts as may be created by statute.  The committee must 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 broadly representative of the courts, law enforcement, corrections, juvenile justice, child protective services and substance abuse treatment communitiesOne (1) member shall be appointed by each of the following:  the Chief Justice of the Supreme Court, the Commissioner of Corrections, the Attorney General, the Commissioner of the Department of Public Safety, the State Public Defender, the Director of the Department of Human Services, the Director of the Department Mental Health, the Director of the Veterans' Affairs Board and the State Auditor.  One (1) member shall be a person in recovery or remission from addiction or mental illness appointed by the Governor.

     (2)  The State * * * Drug Problem-Solving 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 * * * drug problem-solving court policies and procedures including the * * * drug problem-solving court certification process.  The committee may make suggestions as to the criteria for eligibility, and other procedural and substantive guidelines for * * * drug problem-solving court operation.

     (3)  The State * * * Drug Problem-Solving Courts Advisory Committee shall act as arbiter of disputes arising out of the operation of * * * drug problem-solving courts established under this chapter and make recommendations to improve the * * * drug problem-solving courts; it shall also make recommendations to the Supreme Court necessary and incident to compliance with established rules.

     (4)  The State * * * Drug Problem-Solving Courts Advisory Committee shall establish through rules and regulations a viable and fiscally responsible plan to expand the number of adult and juvenile * * * drug problem-solving 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.

     (5)  The State * * * Drug Problem-Solving Courts Advisory Committee shall receive and review the monthly reports submitted to the Administrative Office of Courts by each certified * * * drug problem-solving court and provide comments and make recommendations, as necessary, to the Chief Justice and the Director of the Administrative Office of Courts.

     SECTION 3.  Section 9-23-11, Mississippi Code of 1972, is amended as follows:

     9-23-11.  (1)  The Administrative Office of Courts shall establish, implement and operate a uniform certification process for all * * * drug problem-solving courts and other problem-solving courts including juvenile courts, veterans courts or any other court designed to adjudicate criminal actions involving an identified classification of criminal defendant to ensure funding for * * * drug problem-solving courts supports effective and proven practices that reduce recidivism and substance dependency among their participants. (2)  The Administrative Office of Courts shall establish a certification process that ensures any new or existing * * * drug problem-solving court meets minimum standards for * * * drug problem-solving 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 interventions;

              (ii)  Targeting medium to high risk offenders for participation;

              (iii)  The use of current, evidence-based interventions proven to reduce dependency on drugs or alcohol, or both;

              (iv)  Frequent testing for alcohol or drugs;

              (v)  Coordinated strategy between all * * * drug problem-solving court program personnel involving the use of graduated clinical interventions;

              (vi)  Ongoing judicial interaction with each participant; and

              (vii)  Monitoring and evaluation of * * * drug problem-solving court program implementation and outcomes through data collection and reporting.

          (b) * * *  Drug  Problem-solving court certification applications shall include:

              (i)  A description of the need for the * * * drug problem-solving court;

              (ii)  The targeted population for the * * * drug problem-solving court;

              (iii)  The eligibility criteria for * * * drug problem-solving 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 * * * drug problem-solving court intervention components, including anticipated budget and implementation plan;

              (vi)  The data collection plan which shall include collecting the following data:

                   1.  Total number of participants;

                   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 * * * drug problem-solving court program;

                   5.  Total number of participants who were convicted of a new felony or misdemeanor offense while in the * * * drug problem-solving court program;

                   6.  Total number of participants who committed at least one (1) violation while in the * * * drug problem-solving court 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.  Total number of applications screening by race, gender, offenses charged, indigence and those not accepted with the reason for nonacceptance; and

                   9.  Any other data or information as required by the Administrative Office of Courts.

          (c)  Every * * * drug problem-solving court shall be certified under the following schedule:

              (i)  A * * * drug problem-solving court application submitted after July 1, 2014, shall require certification of the * * * drug problem-solving court based on the proposed * * * drug problem-solving court plan;

              (ii)  A * * * drug problem-solving court established after July 1, 2014, shall be recertified after its second year of funded operation;

              (iii)  A * * * drug problem-solving court in existence on July 1, 2014, must submit a certification petition within one (1) year of July 1, 2014, and be certified pursuant to the requirements of this section prior to expending * * * drug problem-solving court resources budgeted for fiscal year 2016; and

              (iv)  All * * * drug problem-solving courts shall submit a re-certification petition every two (2) years to the Administrative Office of Courts after the initial certification.

     (3)  All certified * * * drug problem-solving courts shall measure successful completion of the * * * drug problem-solving court based on those participants who complete the program without a new criminal conviction.

     (4)  (a)  All certified * * * drug problem-solving courts must collect and submit to the Administrative Office of Courts each month, the following data:

              (i)  Total number of participants 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 * * * drug problem-solving court 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 * * * drug problem-solving court program in the month;

              (vii)  Total number of participants who were convicted for a new criminal arrest while in the * * * drug problem-solving court program in the month; and

              (viii)  Total number of participants who committed at least one (1) violation while in the * * * drug problem-solving court program and any resulting sanction(s).

          (b)  By August 1, 2015, 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 * * * drug problem-solving courts may individually establish rules and may make special orders and rules as necessary that do not conflict with the rules promulgated by the Supreme Court or the Administrative Office of Courts.

     (6)  A certified * * * drug problem-solving court may appoint the full- or part-time employees it deems necessary for the work of the * * * drug problem-solving court and shall fix the compensation of those employees.  Such 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 * * * drug problem-solving court established under this chapter is subject to the regulatory powers of the Administrative Office of Courts as set forth in Section 9-23-17.

     SECTION 4.  Section 9-23-15, Mississippi Code of 1972, is amended as follows:

     9-23-15.  (1)  In order to be eligible for alternative sentencing through a local * * * drug problem-solving 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 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.

          (c)  Other criminal proceedings alleging commission of a crime of violence cannot be pending against the participant.

          (d)  The participant cannot be currently charged with burglary of a dwelling under Section 97-17-23(2) or 97-17-37.

          (e)  The crime before the court cannot be a charge of driving under the influence of alcohol or any other drug or drugs that resulted in the death of a person.

          (f)  The crime charged cannot be one of trafficking in controlled substances under Section 41-29-139(f), nor can the participant have a prior conviction for same.

     (2)  Participation in the services of an alcohol and drug intervention component shall be open only to the individuals over whom the court has jurisdiction, except that the court may agree to provide the services for individuals referred from another * * * drug problem-solving 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 * * * drug problem-solving court, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the * * * drug problem-solving 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 * * * drug problem-solving court or the laboratory; however, if testing is available from other sources or the program itself, the judge may waive any fees for testing.  If the applicant is indigent, the fees for testing shall be waived.

          (b)  A laboratory that performs a chemical test under this section shall report the results of the test to the * * * drug problem-solving court.

     (4)  A person does not have a right to participate in * * * drug problem-solving 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 * * * drug problem-solving court under this chapter.  However, any person who meets the eligibility criteria of subsection (1) of this section, upon request, must be screened for admission to problem-solving court.

     SECTION 5.  Section 9-23-17, Mississippi Code of 1972, is amended as follows:

     9-23-17.  With regard to any * * * drug problem-solving court established under this chapter, the Administrative Office of Courts shall do the following:

          (a)  Certify and re-certify * * * drug problem-solving court applications that meet standards established by the Administrative Office of Courts in accordance with this chapter.

          (b)  Ensure that the structure of the intervention component complies with rules adopted under this section and applicable federal regulations.

          (c)  Revoke the authorization of a 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 intervention component established under this chapter.

          (f)  Require, as a condition of operation, that each * * * drug problem-solving court created or funded under this chapter be certified by the Administrative Office of Courts.

          (g)  Collect monthly data reports submitted by all certified * * * drug problem-solving courts, provide those reports to the State * * * Drug Problem-Solving Courts Advisory Committee, compile an annual report summarizing the data collected and the outcomes achieved by all certified * * * drug problem-solving courts and submit the annual report to the Oversight Task Force.

          (h)  Every three (3) years contract with an external evaluator to conduct an evaluation of the effectiveness of the * * * drug problem-solving court program, both statewide and individual * * * drug problem-solving court programs, in complying with the key components of the * * * drug problem-solving courts adopted by the National Association of Drug Court Professionals.

          (i)  Adopt rules to implement this chapter.

     SECTION 6.  Section 9-23-19, Mississippi Code of 1972, is amended as follows:

     9-23-19.  (1)  All monies received from any source by the * * * drug problem-solving court shall be accumulated in a fund to be used only for * * * drug problem-solving 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 * * * drug problem-solving court fund for the funding of further activities by the * * * drug problem-solving court.

     (2)  A * * * drug problem-solving court may apply for and receive the following:

          (a)  Gifts, bequests and donations from private sources.

          (b)  Grant and contract money from governmental sources.

          (c)  Other forms of financial assistance approved by the court to supplement the budget of the * * * drug problem-solving court.

     (3)  The costs of participation in an alcohol and drug intervention program required by the certified * * * drug problem-solving 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 such reasonable and appropriate fees to be paid to the local * * * drug problem-solving court fund for participation in an alcohol or drug intervention program.  If the applicant is indigent, the fees shall be waived.

     SECTION 7.  Section 9-23-23, Mississippi Code of 1972, is amended as follows:

     9-23-23.  If the participant completes all requirements imposed upon him by the * * * drug problem-solving 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 plea of guilty, the successful completion of the * * * drug problem-solving 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 8.  Section 9-25-1, Mississippi Code of 1972, is amended as follows:

     9-25-1.  (1)  The Legislature recognizes that our military veterans have provided an invaluable service to our country.  In doing so, many may have suffered the effects of, including, but not limited to, post-traumatic stress disorder, traumatic brain injury and depression, and may also suffer drug and alcohol dependency or addiction and co-occurring mental illness and substance abuse problems.  As a result of this, some veterans come into contact with the criminal justice system and are charged with felony offenses.  There is a critical need for the justice system to recognize these veterans, provide accountability for their wrongdoing, provide for the safety of the public, and provide for the treatment of our veterans.  It is the intent of the Legislature to create a framework for which specialized veterans treatment courts may be established at the circuit court level and at the discretion of the circuit court judge.

     (2)  Authorization.  A circuit court judge may establish a Veterans Treatment Court program.  The Veterans Treatment Court may, at the discretion of the circuit court judge, be a separate court program or as a component of an existing * * * drug problem-solving court program.  At the discretion of the circuit court judge, the Veterans Treatment Court may be operated in one (1) county within the circuit court district, and allow veteran participants from all counties within the circuit court district to participate.

     (3)  Eligibility.  (a)  In order to be eligible to participate in a Veterans Treatment Court program established under this section, the attorney representing the state must consent to the defendant's participation in the program.  Further, the court in which the criminal case is pending must have found that the defendant is a veteran of the United States Armed Forces as defined in Title 38 USCS.

          (b)  Participation in the services of an alcohol and drug intervention component shall only be open to the individuals over whom the court has jurisdiction, except that the court may agree to provide the services for individuals referred from another Veterans Treatment Court.  In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.

          (c)  (i)  As a condition of participation in a Veterans Treatment Court, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the Veterans Treatment Court program.  A participant may be held liable for costs associated with all chemical tests required under this section.  However, a judge may waive any fees for testing.

              (ii)  A laboratory that performs chemical tests under this section shall report the results of the tests to the Veterans Treatment Courts.

          (d)  A person does not have the right to participate in a Veterans Treatment Court program 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 Veterans Treatment Court program.

          (e)  A defendant shall be excluded from participating in a Veterans Treatment Court program if any one (1) of the following applies:

              (i)  The crime before the court is a crime of violence as set forth in paragraph (c) of this subsection.

              (ii)  The defendant does not demonstrate a willingness to participate in a treatment program.

              (iii)  The defendant has been previously convicted of a felony crime of violence including, but not limited to:  murder, rape, sexual battery, statutory rape of a child under the age of sixteen (16), armed robbery, arson, aggravated kidnapping, aggravated assault, stalking, or any offense involving the discharge of a firearm or where serious bodily injury or death resulted to any person.

          (f)  The court in which the criminal case is pending shall allow an eligible defendant to choose whether to proceed through the Veterans Treatment Court program or otherwise through the justice system.

          (g)  Proof of matters under this section may be submitted to the court in which the criminal case is pending in any form the court determines to be appropriate, including military service and medical records, previous determinations of a disability by a veteran's organization or by the United States Department of Veterans Affairs, testimony or affidavits of other veterans or service members, and prior determinations of eligibility for benefits by any state or county veterans office.

     (4)  Administrative Office of Courts.  With regard to any Veterans Treatment Court established under this chapter, the Administrative Office of Courts may do the following:

          (a)  Ensure that the structure of the intervention component complies with rules adopted under this chapter and applicable federal regulations.

          (b)  Revoke the authorization of a program upon a determination that the program does not comply with rules adopted under this chapter and applicable federal regulations.

          (c)  Enter into 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.

          (d)  Directly, or by contract, approve and certify any intervention component established under this chapter.

          (e)  Require, as a condition of operation, that each veterans court created or funded under this chapter be certified by the Administrative Office of Courts.

          (f)  Adopt rules to implement this chapter.

     (5)  State * * * Drug Problem-Solving Court Advisory Committee.  (a)  The State * * * Drug Problem-Solving Court Advisory Committee shall be responsible for developing statewide rules and policies as they relate to Veterans Treatment Court programs.

          (b)  The State * * * Drug Problem-Solving Court Advisory Committee may also make recommendations to the Chief Justice, the Director of the Administrative Office of Courts and state officials concerning improvements to Veterans Treatment Court policies and procedures.

          (c)  The State * * * Drug Problem-Solving Court Advisory Committee shall act as an arbiter of disputes arising out of the operation of Veterans Treatment Court programs established under this chapter and make recommendations to improve the Veterans Treatment Court programs.

     (6)  Funding for Veterans Treatment Courts.  (a)  All monies received from any source by the Veterans Treatment Court program shall be accumulated in a fund to be used only for Veterans Treatment Court purposes.  Any funds remaining in this fund at the end of the fiscal year shall not lapse into the General Fund, but shall be retained in the Veterans Treatment Court fund for the funding of further activities by the Veterans Treatment Court program.

          (b)  A Veterans Treatment Court program may apply for and receive the following:

              (i)  Gifts, bequests and donations from private sources.

              (ii)  Grant and contract money from governmental sources.

              (iii)  Other forms of financial assistance approved by the court to supplement the budget of the Veterans Treatment Court program.

     (7)  Immunity.  The coordinator and members of the professional and administrative staff of the Veterans Treatment Court program 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 Veterans Treatment Court program.

     (8)  This section shall be codified as a separate article in Title 9, Mississippi Code of 1972.

     SECTION 9.  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 Diversion * * * Pilot Program Act.

     SECTION 10.  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 pilot programs for local mental health diversion program alternatives in several pilot circuit court districts that will be adaptable to chancery, circuit, county, youth, municipal and justice courts.

     (2)  The goals of the mental health diversion * * * pilot programs 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 criminal justice system;

          (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 diversion * * * pilot program.

     SECTION 11.  Section 9-27-7, Mississippi Code of 1972, is amended as follows:

     9-27-7.  (1)  The Administrative Office of Courts is the repository for reports filed by * * * pilot programs established under this chapter.  The goal of the * * * pilot programs is to support effective and proven practices that reduce recidivism and provide treatment for participants.

     (2) * * *  Pilot  Programs must adhere to the standards established in this chapter.

          (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 diversion * * * pilot program personnel;

              (v)  Ongoing judicial interaction with each participant; and

              (vi)  Monitoring and evaluation of mental health diversion * * * pilot program implementation and outcomes through data collection and reporting.

          (b) * * *  Pilot  Programs must implement a data collection plan, which shall include collecting the following data:

              (i)  Total number of participants;

              (ii)  Total number of successful participants;

              (iii)  Total number of unsuccessful participants and the reason why each participant did not complete the program;

              (iv)  Total number of participants who were arrested for a new criminal offense while in the program;

              (v)  Total number of participants who were convicted of a new felony or misdemeanor offense while in the program;

              (vi)  Total number of participants who committed at least one (1) violation while in the program and the resulting sanction(s);

              (vii)  Results of the initial risk and needs assessment or other clinical assessment conducted on each participant; and

              (viii)  Any other data or information as required by the Administrative Office of Courts.

     (3)  All mental health diversion * * * pilot programs must measure successful completion of the program based on those participants who complete the program without a new criminal conviction.

     (4)  (a) * * *  Pilot  Programs must collect and submit to the Administrative Office of Courts each month, the following data:

              (i)  Total number of participants 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, 2018, 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)  Mental health diversion * * * pilot programs 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 mental health diversion * * * pilot program may appoint the full or part-time employees it deems necessary for the work of the mental health diversion * * * pilot program and shall fix the compensation of those employees, who shall serve at the will and pleasure of the senior circuit court judge.

     (7)  A mental health diversion * * * pilot program 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 12.  Section 9-27-9, Mississippi Code of 1972, is amended as follows:

     9-27-9.  (1)  A mental health diversion * * * pilot program's mental health intervention component shall provide for eligible individuals, 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 13.  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 diversion * * * pilot program, 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 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 diversion program.

          (e)  The crime charged cannot be one of trafficking in controlled substances under Section 41-29-139(f), 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 individuals over whom the court has jurisdiction, except that the court may agree to provide the services for individuals referred from another mental health diversion program.  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 diversion program, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the program.  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 or the laboratory; however, if testing is available from other sources or the program itself, the judge may waive any fees for testing.  If the applicant is indigent, fees for testing shall be waived.

          (b)  A laboratory that performs a chemical test under this section shall report the results of the test to the mental health diversion program.

     (4)  A person does not have a right to participate in a mental health diversion program 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 diversion program under this chapter.  However, any person meeting the eligibility criteria of subsection (1) of this section, upon request, must be screened for admission to the program.

     SECTION 14.  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 diversion * * * pilot program shall be accumulated in a local fund to be used only for mental health diversion * * * pilot program purposes.  Any funds remaining in a local fund at the end of a fiscal year shall not lapse into any general fund, but shall be retained in the mental health diversion * * * pilot program fund for the funding of further activities by the mental health diversion * * * pilot program.  Any funds remaining in a local fund at the time of repeal of this chapter shall lapse into the appropriate county's general fund.

     (2)  A mental health diversion * * * pilot program 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 diversion * * * pilot program.

     (3)  The costs of participation in a mental health treatment program required by the mental health diversion * * * pilot program 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 diversion * * * pilot program fund for participation in a mental health treatment program.  If the applicant is indigent, fees shall be waived.

     SECTION 15.  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 diversion * * * pilot program 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 diversion * * * pilot program.

     SECTION 16.  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 diversion * * * pilot program, * * * 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 diversion * * * pilot program order and other requirements of probation or suspension of sentence will result in the record of the criminal conviction or adjudication being expunged.

     SECTION 17.  The following shall be codified as Section 9-23-25, Mississippi Code of 1972:

     9-23-25.  An attorney appointed to represent a person in a problem-solving court must complete annual training that is approved by the State Problem-Solving Courts Advisory Committee, the Office of State Public Defender, and the Mississippi Commission on Continuing Legal Education.  The Committee and State Defender shall determine the amount of training and continuing education required to fulfill the requirements of this subsection, maintain a roll of attorneys who have complied with the training requirements, and otherwise enforce the provisions of this section.

     SECTION 18.  Section 9-27-13, Mississippi Code of 1972, which sets forth the authority of the Administrative Office of Courts with regard to mental health diversion pilot programs, is repealed.

     SECTION 19.  Section 9-27-21, Mississippi Code of 1972, which sets forth the circuit court districts eligible to establish mental health diversion pilot programs, is repealed.

     SECTION 20.  This act shall take effect and be in force from and after July 1, 2019.