MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Judiciary, Division A; Education
By: Senator(s) Doty
AN ACT TO AMEND SECTION 45-33-23, MISSISSIPPI CODE OF 1972, TO AMEND DEFINITIONS UNDER THE SEX OFFENSE REGISTRATION ACT IN ORDER TO REQUIRE HOMELESS OR TRANSIENT RESIDENTS TO PROVIDE A SPECIFIC DESCRIPTION OF WHERE THAT OFFENDER HABITUALLY LIVES; TO AMEND SECTIONS 45-33-27, 37-9-17, 37-13-89, 37-28-49, 37-29-232, 37-115-41, 43-11-13, 45-33-39, 73-15-101, 99-1-27 AND 99-47-1, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 45-33-23, Mississippi Code of 1972, is amended as follows:
45-33-23. For the purposes of this chapter, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:
(a) "Address" means the actual physical street address of a person's permanent or temporary residence. For a person who is homeless but is subject to registration under this chapter, the address information must provide a specific description of where the person habitually lives; the term "homeless" or similar description does not constitute an address within the contemplation of this chapter.
( * * *b) "Conviction" means that,
regarding the person's offense, there has been a determination or judgment of
guilt as a result of a trial or the entry of a plea of guilty or nolo
contendere regardless of whether adjudication is withheld. "Conviction of
similar offenses" includes, but is not limited to, a conviction by a
federal or military tribunal, including a court-martial conducted by the Armed
Forces of the United States, a conviction for an offense committed on an Indian
Reservation or other federal property, a conviction in any state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American
Samoa, the Northern Marianna Islands or the United States Virgin Islands, and a
conviction in a foreign country if the foreign country's judicial system is
such that it satisfies minimum due process set forth in the guidelines under
Section 111(5)(B) Public Law 109-248.
( * * *c) "Department" means the
Mississippi Department of Public Safety unless otherwise specified.
( * * *d) "Jurisdiction" means any
court or locality including any state court, federal court, military court,
Indian tribunal or foreign court, the fifty (50) states, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern
Marianna Islands or the United States Virgin Islands, and Indian tribes that
elect to function as registration jurisdictions under Title 1, SORNA Section
127 of the Adam Walsh Child Safety Act.
( * * *e) "Permanent residence"
means a place where the person abides, lodges, or resides for a period of
fourteen (14) or more consecutive days.
( * * *f) "Registration" means providing
information to the appropriate agency within the time frame specified as
required by this chapter.
( * * *g) "Registration duties"
means obtaining the registration information required on the form specified by
the department as well as the photograph, fingerprints and biological sample of
the registrant. Biological samples are to be forwarded to the Mississippi
Forensics Laboratory pursuant to Section 45-33-37; the photograph, fingerprints
and other registration information are to be forwarded to the Department of
Public Safety immediately.
( * * *h) "Responsible agency" is
defined as the person or government entity whose duty it is to obtain
information from a criminal sex offender upon conviction and to transmit that
information to the Mississippi Department of Public Safety.
(i) For a criminal sex offender being released from the custody of the Department of Corrections, the responsible agency is the Department of Corrections.
(ii) For a criminal sex offender being released from a county jail, the responsible agency is the sheriff of that county.
(iii) For a criminal sex offender being released from a municipal jail, the responsible agency is the police department of that municipality.
(iv) For a sex offender in the custody of the youth court, the responsible agency is the youth court.
(v) For a criminal sex offender who is being placed on probation, including conditional discharge or unconditional discharge, without any sentence of incarceration, the responsible agency is the sentencing court.
(vi) For an offender who has been committed to a mental institution following an acquittal by reason of insanity, the responsible agency is the facility from which the offender is released. Specifically, the director of the facility shall notify the Department of Public Safety before the offender's release.
(vii) For a criminal sex offender who is being released from a jurisdiction outside this state or who has a prior conviction in another jurisdiction and who is to reside, work or attend school in this state, the responsible agency is both the sheriff of the proposed county of residence and the department.
( * * *i) "Sex offense" or
"registrable offense" means any of the following offenses:
(i) Section 97-3-53 relating to kidnapping, if the victim was below the age of eighteen (18);
(ii) Section 97-3-65 relating to rape; however, conviction or adjudication under Section 97-3-65(1)(a) when the offender was eighteen (18) years of age or younger at the time of the alleged offense, shall not be a registrable sex offense;
(iii) Section 97-3-71 relating to rape and assault with intent to ravish;
(iv) Section 97-3-95 relating to sexual battery; however, conviction or adjudication under Section 97-3-95(1)(c) when the offender was eighteen (18) years of age or younger at the time of the alleged offense, shall not be a registrable sex offense;
(v) Section 97-5-5 relating to enticing a child for concealment, prostitution or marriage;
(vi) Section 97-5-23 relating to the touching of a child, mentally defective or incapacitated person or physically helpless person for lustful purposes;
(vii) Section 97-5-27 relating to the dissemination of sexually oriented material to children;
(viii) Section 97-5-33 relating to the exploitation of children;
(ix) Section 97-5-41 relating to the carnal knowledge of a stepchild, adopted child or child of a cohabiting partner;
(x) Section 97-29-3 relating to sexual intercourse between teacher and student;
(xi) Section 97-29-59 relating to unnatural intercourse;
(xii) Section 43-47-18 relating to sexual abuse of a vulnerable person;
(xiii) Section 97-3-54.1(1)(c) relating to procuring sexual servitude of a minor and Section 97-3-54.3 relating to aiding, abetting or conspiring to violate Section 97-3-54.1(1)(c);
(xiv) Section 97-29-61(2) relating to voyeurism when the victim is a child under sixteen (16) years of age;
(xv) Section 97-29-63 relating to filming another without permission where there is an expectation of privacy;
(xvi) Section 97-29-45(1)(a) relating to obscene electronic communication;
(xvii) Section 97-3-104 relating to the crime of sexual activity between law enforcement, correctional or custodial personnel and prisoners;
(xviii) Section 97-5-39(1)(e) relating to contributing to the neglect or delinquency of a child, felonious abuse or battery of a child, if the victim was sexually abused;
(xix) Section 97-29-51 relating to procuring or promoting prostitution when the victim is a child under eighteen (18) years of age;
(xx) Section 97-1-7 relating to attempt to commit any of the offenses referenced in this paragraph (h);
(xxi) Any other offense resulting in a conviction in another jurisdiction which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere;
(xxii) Any offense resulting in a conviction in another jurisdiction for which registration is required in the jurisdiction where the conviction was had;
(xxiii) Any conviction of conspiracy to commit, accessory to commission, or attempt to commit any offense listed in this section;
(xxiv) Capital murder when one (1) of the above-described offenses is the underlying crime.
( * * *j) "Temporary residence" is
defined as any place where the person abides, lodges, or resides for a period
of seven (7) or more consecutive days which is not the person's permanent
residence.
SECTION 2. Section 45-33-27, Mississippi Code of 1972, is amended as follows:
45-33-27. (1) A person required to register on the basis of a conviction, adjudication of delinquency or acquittal by reason of insanity entered shall register with the responsible agency within three (3) business days of the date of judgment unless the person is immediately confined or committed, in which case the person shall register before release in accordance with the procedures established by the department. The responsible agency shall immediately forward the registration information to the Department of Public Safety. The person is also required to personally appear at a Department of Public Safety Driver's License Station within three (3) days of registration with the responsible agency and to obtain a sex offender registration card.
(2) If a person who is required to register under this section is released from prison or placed on parole or supervised release or in a restitution center or community work center, the Department of Corrections shall perform the registration duties before placement in a center or before release and immediately forward the registration information to the Department of Public Safety. The person is also required to personally appear at a Department of Public Safety Driver's License Station within three (3) days of release or placement in a restitution center or community work center.
(3) If a person required to register under this section is placed on probation, the court, at the time of entering the order, shall register the person and immediately forward the registration information to the Department of Public Safety. The person is also required to personally appear at a Department of Public Safety Driver's License Station within three (3) days of the entry of the order.
(4) Any person required to register who is neither incarcerated, detained nor committed at the time the requirement to register attaches shall present himself to the county sheriff to register within three (3) business days, and shall personally appear at a Department of Public Safety Driver's License Station within three (3) days of the time the requirement to register attaches.
(5) An offender moving to or returning to this state from another jurisdiction shall notify the Department of Public Safety ten (10) days before the person first resides in or returns to this state and shall present himself to the sheriff of the county of his residence within three (3) business days after first residing in or returning to a county of this state to provide the required registration information. The person is also required to register by personally appearing at a Department of Public Safety Driver's License Station within three (3) days after first residing in or moving to a county of this state. If the offender fails to appear for registration as required in this state, the department shall notify the other jurisdiction of the failure to register.
(6) A person, other than a person confined in a correctional or juvenile detention facility or involuntarily committed on the basis of mental illness, who is required to register on the basis of a sex offense for which a conviction, adjudication of delinquency or acquittal by reason of insanity was entered shall register with the sheriff of the county in which he resides no later than August 15, 2000, or within three (3) business days of first residing in or returning to a county of this state.
(7) Every person required to register shall show proof of domicile. The commissioner shall promulgate any rules and regulations necessary to enforce this requirement and shall prescribe the means by which such person may show domicile.
(8) Any driver's license photograph, I.D. photograph, sex offender photograph, fingerprint, driver's license application and/or anything submitted to the Department of Public Safety by a known convicted sex offender, registered or not registered, can be used by the Department of Public Safety or any other authorized law enforcement agency for any means necessary in registration, identification, investigation regarding their tracking or identification.
(9) The department will assist local law enforcement agencies in the effort to conduct address and other verifications of registered sex offenders and will assist in the location and apprehension of noncompliant sex offenders.
SECTION 3. Section 37-9-17, Mississippi Code of 1972, is amended as follows:
37-9-17. (1) On or before April 1 of each year, the principal of each school shall recommend to the superintendent of the local school district the licensed employees or noninstructional employees to be employed for the school involved except those licensed employees or noninstructional employees who have been previously employed and who have a contract valid for the ensuing scholastic year. If such recommendations meet with the approval of the superintendent, the superintendent shall recommend the employment of such licensed employees or noninstructional employees to the local school board, and, unless good reason to the contrary exists, the board shall elect the employees so recommended. If, for any reason, the local school board shall decline to elect any employee so recommended, additional recommendations for the places to be filled shall be made by the principal to the superintendent and then by the superintendent to the local school board as provided above. The school board of any local school district shall be authorized to designate a personnel supervisor or another principal employed by the school district to recommend to the superintendent licensed employees or noninstructional employees; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the local school district. Any noninstructional employee employed upon the recommendation of a personnel supervisor or another principal employed by the local school district must have been employed by the local school district at the time the superintendent was elected or appointed to office; a noninstructional employee employed under this authorization may not be paid compensation in excess of the statewide average compensation for such noninstructional position with comparable experience, as established by the State Department of Education. The school board of any local school district shall be authorized to designate a personnel supervisor or another principal employed by the school district to accept the recommendations of principals or their designees for licensed employees or noninstructional employees and to transmit approved recommendations to the local school board; however, this authorization shall be restricted to no more than two (2) positions for each employment period for each school in the local school district.
When the licensed employees have been elected as provided in the preceding paragraph, the superintendent of the district shall enter into a contract with such persons in the manner provided in this chapter.
If, at the commencement of the scholastic year, any licensed employee shall present to the superintendent a license of a higher grade than that specified in such individual's contract, such individual may, if funds are available from adequate education program funds of the district, or from district funds, be paid from such funds the amount to which such higher grade license would have entitled the individual, had the license been held at the time the contract was executed.
(2) Superintendents/directors of schools under the purview of the State Board of Education, the superintendent of the local school district and any private firm under contract with the local public school district to provide substitute teachers to teach during the absence of a regularly employed schoolteacher shall require, through the appropriate governmental authority, that current criminal records background checks and current child abuse registry checks are obtained, and that such criminal record information and registry checks are on file for any new hires applying for employment as a licensed or nonlicensed employee at a school and not previously employed in such school under the purview of the State Board of Education or at such local school district prior to July 1, 2000. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. The fee for such fingerprinting and criminal history record check shall be paid by the applicant, not to exceed Fifty Dollars ($50.00); however, the State Board of Education, the school board of the local school district or a private firm under contract with a local school district to provide substitute teachers to teach during the temporary absence of the regularly employed schoolteacher, in its discretion, may elect to pay the fee for the fingerprinting and criminal history record check on behalf of any applicant. Under no circumstances shall a member of the State Board of Education, superintendent/director of schools under the purview of the State Board of Education, local school district superintendent, local school board member or any individual other than the subject of the criminal history record checks disseminate information received through any such checks except insofar as required to fulfill the purposes of this section. Any nonpublic school which is accredited or approved by the State Board of Education may avail itself of the procedures provided for herein and shall be responsible for the same fee charged in the case of local public schools of this state. The determination whether the applicant has a disqualifying crime, as set forth in subsection (3) of this section, shall be made by the appropriate governmental authority, and the appropriate governmental authority shall notify the private firm whether a disqualifying crime exists.
(3) If such fingerprinting
or criminal record checks disclose a felony conviction, guilty plea or plea of
nolo contendere to a felony of possession or sale of drugs, murder,
manslaughter, armed robbery, rape, sexual battery, a sex offense listed as
a registrable offense in Section 45-33-23 * * *, child abuse, arson, grand larceny,
burglary, gratification of lust or aggravated assault which has not been
reversed on appeal or for which a pardon has not been granted, the new hire
shall not be eligible to be employed at such school. Any employment contract
for a new hire executed by the superintendent of the local school district or
any employment of a new hire by a superintendent/director of a new school under
the purview of the State Board of Education or by a private firm shall be
voidable if the new hire receives a disqualifying criminal record check.
However, the State Board of Education or the school board may, in its
discretion, allow any applicant aggrieved by the employment decision under this
section to appear before the respective board, or before a hearing officer
designated for such purpose, to show mitigating circumstances which may exist
and allow the new hire to be employed at the school. The State Board of
Education or local school board may grant waivers for such mitigating
circumstances, which shall include, but not be limited to: (a) age at which
the crime was committed; (b) circumstances surrounding the crime; (c) length of
time since the conviction and criminal history since the conviction; (d) work
history; (e) current employment and character references; (f) other evidence
demonstrating the ability of the person to perform the employment
responsibilities competently and that the person does not pose a threat to the
health or safety of the children at the school.
(4) No local school district, local school district employee, member of the State Board of Education or employee of a school under the purview of the State Board of Education shall be held liable in any employment discrimination suit in which an allegation of discrimination is made regarding an employment decision authorized under this Section 37-9-17.
SECTION 4. Section 37-13-89, Mississippi Code of 1972, is amended as follows:
37-13-89. (1) In each school district within the state, there shall be employed the number of school attendance officers determined by the Office of Compulsory School Attendance Enforcement to be necessary to adequately enforce the provisions of the Mississippi Compulsory School Attendance Law; however, this number shall not exceed one hundred fifty-three (153) school attendance officers at any time. From and after July 1, 1998, all school attendance officers employed pursuant to this section shall be employees of the State Department of Education. The State Department of Education shall employ all persons employed as school attendance officers by district attorneys before July 1, 1998, and shall assign them to school attendance responsibilities in the school district in which they were employed before July 1, 1998. The first twelve (12) months of employment for each school attendance officer shall be the probationary period of state service.
(2) (a) The State Department of Education shall obtain current criminal records background checks and current child abuse registry checks on all persons applying for the position of school attendance officer after July 2, 2002. The criminal records information and registry checks must be kept on file for any new hires. In order to determine an applicant's suitability for employment as a school attendance officer, the applicant must be fingerprinted. If no disqualifying record is identified at the state level, the Department of Public Safety shall forward the fingerprints to the Federal Bureau of Investigation (FBI) for a national criminal history record check. The applicant shall pay the fee, not to exceed Fifty Dollars ($50.00), for the fingerprinting and criminal records background check; however, the State Department of Education, in its discretion, may pay the fee for the fingerprinting and criminal records background check on behalf of any applicant. Under no circumstances may a member of the State Board of Education, employee of the State Department of Education or any person other than the subject of the criminal records background check disseminate information received through any such checks except insofar as required to fulfill the purposes of this subsection.
(b) If the
fingerprinting or criminal records check discloses a felony conviction, guilty
plea or plea of nolo contendere to a felony of possession or sale of drugs,
murder, manslaughter, armed robbery, rape, sexual battery, a sex offense
listed as a registrable offense in Section 45-33-23 * * *, child abuse, arson, grand larceny,
burglary, gratification of lust or aggravated assault which has not been
reversed on appeal or for which a pardon has not been granted, the applicant is
not eligible to be employed as a school attendance officer. Any employment of
an applicant pending the results of the fingerprinting and criminal records
check is voidable if the new hire receives a disqualifying criminal records
check. However, the State Board of Education, in its discretion, may allow an
applicant aggrieved by an employment decision under this subsection to appear
before the board, or before a hearing officer designated for that purpose, to
show mitigating circumstances that may exist and allow the new hire to be
employed as a school attendance officer. The State Board of Education may
grant waivers for mitigating circumstances, which may include, but are not
necessarily limited to: (i) age at which the crime was committed; (ii)
circumstances surrounding the crime; (iii) length of time since the conviction
and criminal history since the conviction; (iv) work history; (v) current
employment and character references; and (vi) other evidence demonstrating the
ability of the person to perform the responsibilities of a school attendance
officer competently and that the person does not pose a threat to the health or
safety of children.
(c) A member of the State Board of Education or employee of the State Department of Education may not be held liable in any employment discrimination suit in which an allegation of discrimination is made regarding an employment decision authorized under this section.
(3) Each school attendance officer shall possess a college degree with a major in a behavioral science or a related field or shall have no less than three (3) years combined actual experience as a school teacher, school administrator, law enforcement officer possessing such degree, and/or social worker; however, these requirements shall not apply to persons employed as school attendance officers before January 1, 1987. School attendance officers also shall satisfy any additional requirements that may be established by the State Personnel Board for the position of school attendance officer.
(4) It shall be the duty of each school attendance officer to:
(a) Cooperate with any public agency to locate and identify all compulsory-school-age children who are not attending school;
(b) Cooperate with all courts of competent jurisdiction;
(c) Investigate all cases of nonattendance and unlawful absences by compulsory-school-age children not enrolled in a nonpublic school;
(d) Provide appropriate counseling to encourage all school-age children to attend school until they have completed high school;
(e) Attempt to secure the provision of social or welfare services that may be required to enable any child to attend school;
(f) Contact the home or place of residence of a compulsory-school-age child and any other place in which the officer is likely to find any compulsory-school-age child when the child is absent from school during school hours without a valid written excuse from school officials, and when the child is found, the officer shall notify the parents and school officials as to where the child was physically located;
(g) Contact promptly the home of each compulsory-school-age child in the school district within the officer's jurisdiction who is not enrolled in school or is not in attendance at public school and is without a valid written excuse from school officials; if no valid reason is found for the nonenrollment or absence from the school, the school attendance officer shall give written notice to the parent, guardian or custodian of the requirement for the child's enrollment or attendance;
(h) Collect and maintain information concerning absenteeism, dropouts and other attendance-related problems, as may be required by law or the Office of Compulsory School Attendance Enforcement; and
(i) Perform all other duties relating to compulsory school attendance established by the State Department of Education or district school attendance supervisor, or both.
(5) While engaged in the performance of his duties, each school attendance officer shall carry on his person a badge identifying him as a school attendance officer under the Office of Compulsory School Attendance Enforcement of the State Department of Education and an identification card designed by the State Superintendent of Public Education and issued by the school attendance officer supervisor. Neither the badge nor the identification card shall bear the name of any elected public official.
(6) The State Personnel Board shall develop a salary scale for school attendance officers as part of the variable compensation plan. The various pay ranges of the salary scale shall be based upon factors including, but not limited to, education, professional certification and licensure, and number of years of experience. School attendance officers shall be paid in accordance with this salary scale. The minimum salaries under the scale shall be no less than the following:
(a) For school attendance officers holding a bachelor's degree or any other attendance officer who does not hold such a degree, the annual salary shall be based on years of experience as a school attendance officer or related field of service or employment, no less than as follows:
Years of Experience Salary
0 - 4 years $19,650.00
5 - 8 years 21,550.00
9 - 12 years 23,070.00
13 - 16 years 24,590.00
Over 17 years 26,110.00
(b) For school attendance officers holding a license as a social worker, the annual salary shall be based on years of experience as a school attendance officer or related field of service or employment, no less than as follows:
Years of Experience Salary
0 - 4 years $20,650.00
5 - 8 years 22,950.00
9 - 12 years 24,790.00
13 - 16 years 26,630.00
17 - 20 years 28,470.00
Over 21 years 30,310.00
(c) For school attendance officers holding a master's degree in a behavioral science or a related field, the annual salary shall be based on years of experience as a school attendance officer or related field of service or employment, no less than as follows:
Years of Experience Salary
0 - 4 years $21,450.00
5 - 8 years 24,000.00
9 - 12 years 26,040.00
13 - 16 years 28,080.00
17 - 20 years 30,120.00
Over 21 years 32,160.00
(7) (a) Each school attendance officer employed by a district attorney on June 30, 1998, who became an employee of the State Department of Education on July 1, 1998, shall be awarded credit for personal leave and major medical leave for his continuous service as a school attendance officer under the district attorney, and if applicable, the youth or family court or a state agency. The credit for personal leave shall be in an amount equal to one-third (1/3) of the maximum personal leave the school attendance officer could have accumulated had he been credited with such leave under Section 25-3-93 during his employment with the district attorney, and if applicable, the youth or family court or a state agency. The credit for major medical leave shall be in an amount equal to one-half (1/2) of the maximum major medical leave the school attendance officer could have accumulated had he been credited with such leave under Section 25-3-95 during his employment with the district attorney, and if applicable, the youth or family court or a state agency. However, if a district attorney who employed a school attendance officer on June 30, 1998, certifies, in writing, to the State Department of Education that the school attendance officer had accumulated, pursuant to a personal leave policy or major medical leave policy lawfully adopted by the district attorney, a number of days of unused personal leave or major medical leave, or both, which is greater than the number of days to which the school attendance officer is entitled under this paragraph, the State Department of Education shall authorize the school attendance officer to retain the actual unused personal leave or major medical leave, or both, certified by the district attorney, subject to the maximum amount of personal leave and major medical leave the school attendance officer could have accumulated had he been credited with such leave under Sections 25-3-93 and 25-3-95.
(b) For the purpose of determining the accrual rate for personal leave under Section 25-3-93 and major medical leave under Section 25-3-95, the State Department of Education shall give consideration to all continuous service rendered by a school attendance officer before July 1, 1998, in addition to the service rendered by the school attendance officer as an employee of the department.
(c) In order for a school attendance officer to be awarded credit for personal leave and major medical leave or to retain the actual unused personal leave and major medical leave accumulated by him before July 1, 1998, the district attorney who employed the school attendance officer must certify, in writing, to the State Department of Education the hire date of the school attendance officer. For each school attendance officer employed by the youth or family court or a state agency before being designated an employee of the district attorney who has not had a break in continuous service, the hire date shall be the date that the school attendance officer was hired by the youth or family court or state agency. The department shall prescribe the date by which the certification must be received by the department and shall provide written notice to all district attorneys of the certification requirement and the date by which the certification must be received.
(8) (a) School attendance officers shall maintain regular office hours on a year-round basis; however, during the school term, on those days that teachers in all of the school districts served by a school attendance officer are not required to report to work, the school attendance officer also shall not be required to report to work. (For purposes of this subsection, a school district's school term is that period of time identified as the school term in contracts entered into by the district with licensed personnel.) A school attendance officer shall be required to report to work on any day recognized as an official state holiday if teachers in any school district served by that school attendance officer are required to report to work on that day, regardless of the school attendance officer's status as an employee of the State Department of Education, and compensatory leave may not be awarded to the school attendance officer for working during that day. However, a school attendance officer may be allowed by the school attendance officer's supervisor to use earned leave on such days.
(b) The State Department of Education annually shall designate a period of six (6) consecutive weeks in the summer between school years during which school attendance officers shall not be required to report to work. A school attendance officer who elects to work at any time during that period may not be awarded compensatory leave for such work and may not opt to be absent from work at any time other than during the six (6) weeks designated by the department unless the school attendance officer uses personal leave or major medical leave accrued under Section 25-3-93 or 25-3-95 for such absence.
(9) The State Department of Education shall provide all continuing education and training courses that school attendance officers are required to complete under state law or rules and regulations of the department.
SECTION 5. Section 37-28-49, Mississippi Code of 1972, is amended as follows:
37-28-49. (1) Charter school teachers and other school personnel, as well as members of the governing board and any education service provider with whom a charter school contracts, are subject to criminal history record checks and fingerprinting requirements applicable to employees of other public schools. The authorizer shall require that current criminal records background checks and current child abuse registry checks are obtained, and that the criminal record information and registry checks are on file at the charter school for any new hires applying for employment. In order to determine an applicant's suitability for employment, the applicant must be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints must be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. Under no circumstances may a member of the Mississippi Charter School Authorizer Board, member of the charter school governing board or any individual other than the subject of the criminal history record checks disseminate information received through the checks except as may be required to fulfill the purposes of this section. The determination whether the applicant has a disqualifying crime, as set forth in subsection (2) of this section, must be made by the appropriate state or federal governmental authority, which must notify the charter school whether a disqualifying crime exists.
(2) If the fingerprinting
or criminal record checks disclose a felony conviction, guilty plea or plea of
nolo contendere to a felony of possession or sale of drugs, murder,
manslaughter, armed robbery, rape, sexual battery, a sex offense listed as
a registrable offense in Section 45-33-23 * * *, child abuse, arson, grand larceny,
burglary, gratification of lust or aggravated assault which has not been
reversed on appeal or for which a pardon has not been granted, the new hire is
not eligible to be employed at the charter school. However, the charter
school, in its discretion, may allow any applicant aggrieved by the employment
decision under this section to show mitigating circumstances that exist and may
allow, subject to the approval of the Mississippi Charter School Authorizer
Board, the new hire to be employed at the school. The authorizer may approve
the employment depending on the mitigating circumstances, which may include,
but need not be limited to: (a) age at which the crime was committed; (b)
circumstances surrounding the crime; (c) length of time since the conviction
and criminal history since the conviction; (d) work history; (e) current
employment and character references; and (f) other evidence demonstrating the
ability of the person to perform the employment responsibilities competently
and that the person does not pose a threat to the health or safety of children.
(3) No charter school, charter school employee, member of the charter school governing board, the Mississippi Charter School Authorizer Board or member or employee of the Mississippi Charter School Authorizer Board employee may be held liable in any employment discrimination suit in which an allegation of discrimination is made regarding an employment decision authorized under this section.
(4) A charter school shall terminate any teacher or administrator for committing one or more of the following acts:
(a) Engaging in unethical conduct relating to an educator-student relationship as identified by the Mississippi Charter School Authorizer Board;
(b) Fondling a student as described in Section 97-5-23 or engaging in any type of sexual involvement with a student as described in Section 97-3-95; or
(c) Failure to report sexual involvement of a charter school employee with a student as required by Section 97-5-24.
SECTION 6. Section 37-29-232, Mississippi Code of 1972, is amended as follows:
37-29-232. (1) For the purposes of this section:
(a) "Health care professional/vocational technical academic program" means an academic program in medicine, nursing, dentistry, occupational therapy, physical therapy, social services, nutrition services, speech therapy, or other allied-health professional whose purpose is to prepare professionals to render patient care services.
(b) "Health care professional/vocational technical student" means a student enrolled in a health care professional/vocational technical academic program.
(2) The dean or director of the health care professional/vocational technical academic program is authorized to ensure that criminal history record checks and fingerprinting are obtained on their students before the students begin any clinical rotation in a licensed health care entity and that the criminal history record check information and registry checks are on file at the academic institution. In order to determine the student's suitability for the clinical rotation, the student shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety, the Department of Health, or any other legally authorized entity to the FBI for a national criminal history record check. The fee for the fingerprinting and criminal history record check shall be paid by the applicant, not to exceed Fifty Dollars ($50.00); however, the academic institution in which the student is enrolled, in its discretion, may elect to pay the fee for the fingerprinting and criminal history record check on behalf of any applicant. Under no circumstances shall the academic institution representative or any individual other than the subject of the criminal history record checks disseminate information received through any such checks except insofar as required to fulfill the purposes of this section.
(3) If the fingerprinting
or criminal history record checks disclose a felony conviction, guilty plea or
plea of nolo contendere to a felony of possession or sale of drugs, murder,
manslaughter, armed robbery, rape, sexual battery, a sex offense listed as
a registrable offense in Section 45-33-23 * * *, child abuse, arson, grand larceny,
burglary, gratification of lust or aggravated assault, or felonious abuse
and/or battery of a vulnerable adult that has not been reversed on appeal or
for which a pardon has not been granted, the student shall not be eligible to
be admitted to the health care professional/vocational technical academic
program of study. Any preadmission agreement executed by the health care
professional/vocational technical academic program shall be voidable if the
student receives a disqualifying criminal history record check. However, the
administration of the health care professional/vocational technical academic
program may, in its discretion, allow any applicant aggrieved by the admissions
decision under this section to appear before an appeals committee or before a
hearing officer designated for that purpose, to show mitigating circumstances
that may exist and allow the student to be admitted to or continue in the
program of study. The health care professional/vocational technical academic
program may grant waivers for those mitigating circumstances, which shall
include, but not be limited to: (a) age at which the crime was committed; (b)
circumstances surrounding the crime; (c) length of time since the conviction
and criminal history since the conviction; (d) work history; (e) current
employment and character references; (f) other evidence demonstrating the
ability of the student to perform the clinical responsibilities competently and
that the student does not pose a threat to the health or safety of patients in
the licensed health care entities in which they will be conducting clinical
experiences. The health care professional/vocational technical academic
program shall provide assurance to the licensed health care entity in which the
clinical rotation is planned that the results of a health care
professional/vocational technical student's criminal history record check would
not prohibit the student from being able to conduct his or her clinical
activities in the facility, institution, or organization. The criminal history
record check shall be valid for the course of academic study, provided that
annual disclosure statements are provided to the health care
professional/vocational technical academic program regarding any criminal
activity that may have occurred during the student's tenure with the health
care professional/vocational technical academic program. The criminal history
record check may be repeated at the discretion of the health care
professional/vocational technical academic program based on information
obtained during the annual disclosure statements. In extenuating
circumstances, if a criminal history record check is initiated and the results
are not available at the time the clinical rotation begins, the academic
institution in which the student is enrolled, at its discretion, may require a
signed affidavit from the student assuring compliance with this section. The
affidavit will be considered void within sixty (60) days of its signature.
(4) Criminal history record checks that are done as part of the requirements for participation in the health care professional/vocational technical academic program may not be used for any other purpose than those activities associated with their program of study. Students who may be employed as health care professionals outside of their program of study may be required to obtain additional criminal history record checks as part of their employment agreement.
(5) No health care professional/vocational technical academic program or academic program employee shall be held liable in any admissions discrimination suit in which an allegation of discrimination is made regarding an admissions decision authorized under this section.
SECTION 7. Section 37-115-41, Mississippi Code of 1972, is amended as follows:
37-115-41. (1) For the purposes of this section:
(a) "Applicant" means any person who is applying to become an employee of UMMC.
(b) "Employee" means an employee, contractor, temporary worker or consultant.
(c) "UMMC" means the University of Mississippi Medical Center.
(2) The University of
Mississippi Medical Center shall fingerprint and perform a criminal history
record check on all new employees that work in or provide direct patient care.
In addition, UMMC shall perform a disciplinary check with the professional
licensing agency of the employee, if any, to determine if any disciplinary
action has been taken against the employee by that agency. Except as otherwise
provided in this section, no employee of UMMC hired on or after July 1, 2004,
shall be permitted to provide direct patient care until the results of the
criminal history record check have revealed no disqualifying record or the
employee has been granted a waiver. In order to determine the applicant's
suitability for employment, the applicant shall be fingerprinted. Fingerprints
shall be submitted to the Department of Public Safety by UMMC via scanning or
other electronic method, with the results processed through the Department of
Public Safety's Criminal Information Center. If no disqualifying record is
identified at the state level, the applicant's fingerprints shall be forwarded
by the Department of Public Safety to the Federal Bureau of Investigation for a
national criminal history record check. If the criminal history record check
discloses a felony conviction, guilty plea or plea of nolo contendere to a
felony of possession or sale of drugs, murder, manslaughter, armed robbery,
rape, sexual battery, a sex offense listed as a registrable offense
in Section 45-33-23 * * *,
child abuse, arson, grand larceny, burglary, gratification of lust or
aggravated assault, or felonious abuse and/or battery of a vulnerable adult
that has not been reversed on appeal or for which a pardon has not been
granted, the applicant shall not be eligible to be employed at UMMC.
(3) Notwithstanding the provisions of subsection (2) of this section, any such applicant may be employed on a temporary basis pending the results of the criminal history record check. Any employment contract with an applicant during the application process shall be voidable upon receipt of a disqualifying criminal history record check if no waiver is granted under subsection (4) of this section.
(4) UMMC may, in its discretion, allow any applicant aggrieved by an employment decision under this section to appear before the UMMC hiring officer, or his or her designee, to show mitigating circumstances that may exist and allow the applicant to be employed at UMMC. UMMC, upon report and recommendation of the hiring officer, may grant waivers for those mitigating circumstances, which shall include, but not be limited to: (a) age at which the crime was committed; (b) circumstances surrounding the crime; (c) length of time since the conviction and criminal history since the conviction; (d) work history; (e) current employment and character references; and (f) other evidence demonstrating the ability of the individual to perform the employment responsibilities competently and that the individual does not pose a threat to the health or safety of the patients admitted to UMMC.
(5) Upon the receipt of an applicant's criminal history record check that reveals no disqualifying event, UMMC shall, within two (2) weeks of the notification of no disqualifying event, provide the applicant with a notarized letter signed by the vice chancellor, or his or her authorized designee, confirming the applicant's suitability for employment based on his or her criminal history record check. An applicant or employee may use that letter for a period of two (2) years from the date of the letter to seek employment at any covered entity, as defined in Section 43-11-13(5), without the necessity of an additional criminal history record check under Section 43-11-13(5). Any covered entity presented with the letter may rely on the letter for a period of two (2) years from the date of the letter without having to conduct or have conducted a criminal history record check on the applicant or employee.
(6) UMMC may charge a fee not to exceed Fifty Dollars ($50.00) for fingerprinting applicants, students, employees, contractors, consultants, outside agency personnel, visiting faculty, researchers or any other individual(s) that may provide direct services to UMMC.
(7) UMMC and its agents, officers, employees, attorneys and representatives shall be presumed to be acting in good faith for any employment decision or action taken under this section. The presumption of good faith may be overcome by a preponderance of the evidence in any civil action. UMMC or its agents, officers, employees, attorneys and representatives shall not be held liable in any employment decision or action based in whole or in part on compliance with or attempts to comply in good faith with the requirements of this section.
SECTION 8. Section 43-11-13, Mississippi Code of 1972, is amended as follows:
43-11-13. (1) The licensing agency shall adopt, amend, promulgate and enforce such rules, regulations and standards, including classifications, with respect to all institutions for the aged or infirm to be licensed under this chapter as may be designed to further the accomplishment of the purpose of this chapter in promoting adequate care of individuals in those institutions in the interest of public health, safety and welfare. Those rules, regulations and standards shall be adopted and promulgated by the licensing agency and shall be recorded and indexed in a book to be maintained by the licensing agency in its main office in the State of Mississippi, entitled "Rules, Regulations and Minimum Standards for Institutions for the Aged or Infirm" and the book shall be open and available to all institutions for the aged or infirm and the public generally at all reasonable times. Upon the adoption of those rules, regulations and standards, the licensing agency shall mail copies thereof to all those institutions in the state that have filed with the agency their names and addresses for this purpose, but the failure to mail the same or the failure of the institutions to receive the same shall in no way affect the validity thereof. The rules, regulations and standards may be amended by the licensing agency, from time to time, as necessary to promote the health, safety and welfare of persons living in those institutions.
(2) The licensee shall keep posted in a conspicuous place on the licensed premises all current rules, regulations and minimum standards applicable to fire protection measures as adopted by the licensing agency. The licensee shall furnish to the licensing agency at least once each six (6) months a certificate of approval and inspection by state or local fire authorities. Failure to comply with state laws and/or municipal ordinances and current rules, regulations and minimum standards as adopted by the licensing agency, relative to fire prevention measures, shall be prima facie evidence for revocation of license.
(3) The State Board of Health shall promulgate rules and regulations restricting the storage, quantity and classes of drugs allowed in personal care homes and adult foster care facilities. Residents requiring administration of Schedule II Narcotics as defined in the Uniform Controlled Substances Law may be admitted to a personal care home. Schedule drugs may only be allowed in a personal care home if they are administered or stored utilizing proper procedures under the direct supervision of a licensed physician or nurse.
(4) (a) Notwithstanding any determination by the licensing agency that skilled nursing services would be appropriate for a resident of a personal care home, that resident, the resident's guardian or the legally recognized responsible party for the resident may consent in writing for the resident to continue to reside in the personal care home, if approved in writing by a licensed physician. However, no personal care home shall allow more than two (2) residents, or ten percent (10%) of the total number of residents in the facility, whichever is greater, to remain in the personal care home under the provisions of this subsection (4). This consent shall be deemed to be appropriately informed consent as described in the regulations promulgated by the licensing agency. After that written consent has been obtained, the resident shall have the right to continue to reside in the personal care home for as long as the resident meets the other conditions for residing in the personal care home. A copy of the written consent and the physician's approval shall be forwarded by the personal care home to the licensing agency.
(b) The State Board of Health shall promulgate rules and regulations restricting the handling of a resident's personal deposits by the director of a personal care home. Any funds given or provided for the purpose of supplying extra comforts, conveniences or services to any resident in any personal care home, and any funds otherwise received and held from, for or on behalf of any such resident, shall be deposited by the director or other proper officer of the personal care home to the credit of that resident in an account that shall be known as the Resident's Personal Deposit Fund. No more than one (1) month's charge for the care, support, maintenance and medical attention of the resident shall be applied from the account at any one time. After the death, discharge or transfer of any resident for whose benefit any such fund has been provided, any unexpended balance remaining in his personal deposit fund shall be applied for the payment of care, cost of support, maintenance and medical attention that is accrued. If any unexpended balance remains in that resident's personal deposit fund after complete reimbursement has been made for payment of care, support, maintenance and medical attention, and the director or other proper officer of the personal care home has been or shall be unable to locate the person or persons entitled to the unexpended balance, the director or other proper officer may, after the lapse of one (1) year from the date of that death, discharge or transfer, deposit the unexpended balance to the credit of the personal care home's operating fund.
(c) The State Board of Health shall promulgate rules and regulations requiring personal care homes to maintain records relating to health condition, medicine dispensed and administered, and any reaction to that medicine. The director of the personal care home shall be responsible for explaining the availability of those records to the family of the resident at any time upon reasonable request.
(5) (a) For the purposes of this subsection (5):
(i) "Licensed entity" means a hospital, nursing home, personal care home, home health agency, hospice or adult foster care facility;
(ii) "Covered entity" means a licensed entity or a health care professional staffing agency;
(iii) "Employee" means any individual employed by a covered entity, and also includes any individual who by contract provides to the patients, residents or clients being served by the covered entity direct, hands-on, medical patient care in a patient's, resident's or client's room or in treatment or recovery rooms. The term "employee" does not include health care professional/vocational technical students performing clinical training in a licensed entity under contracts between their schools and the licensed entity, and does not include students at high schools located in Mississippi who observe the treatment and care of patients in a licensed entity as part of the requirements of an allied-health course taught in the high school, if:
1. The student is under the supervision of a licensed health care provider; and
2. The student has signed an affidavit that is on file at the student's school stating that he or she has not been convicted of or pleaded guilty or nolo contendere to a felony listed in paragraph (d) of this subsection (5), or that any such conviction or plea was reversed on appeal or a pardon was granted for the conviction or plea. Before any student may sign such an affidavit, the student's school shall provide information to the student explaining what a felony is and the nature of the felonies listed in paragraph (d) of this subsection (5).
However, the health care professional/vocational technical academic program in which the student is enrolled may require the student to obtain criminal history record checks. In such incidences, paragraph (a)(iii)1 and 2 of this subsection (5) does not preclude the licensing entity from processing submitted fingerprints of students from healthcare-related professional/vocational technical programs who, as part of their program of study, conduct observations and provide clinical care and services in a covered entity.
(b) Under regulations promulgated by the State Board of Health, the licensing agency shall require to be performed a criminal history record check on (i) every new employee of a covered entity who provides direct patient care or services and who is employed on or after July 1, 2003, and (ii) every employee of a covered entity employed before July 1, 2003, who has a documented disciplinary action by his or her present employer. In addition, the licensing agency shall require the covered entity to perform a disciplinary check with the professional licensing agency of each employee, if any, to determine if any disciplinary action has been taken against the employee by that agency.
Except as otherwise provided
in paragraph (c) of this subsection (5), no such employee hired on or after
July 1, 2003, shall be permitted to provide direct patient care until the
results of the criminal history record check have revealed no disqualifying
record or the employee has been granted a waiver. In order to determine the
employee applicant's suitability for employment, the applicant shall be
fingerprinted. Fingerprints shall be submitted to the licensing agency from
scanning, with the results processed through the Department of Public Safety's
Criminal Information Center. The fingerprints shall then be forwarded by the
Department of Public Safety to the Federal Bureau of Investigation for a
national criminal history record check. The licensing agency shall notify the
covered entity of the results of an employee applicant's criminal history
record check. If the criminal history record check discloses a felony
conviction, guilty plea or plea of nolo contendere to a felony of possession or
sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, a
sex offense listed as a registrable offense in Section 45-33-23 * * *, child abuse, arson, grand larceny,
burglary, gratification of lust or aggravated assault, or felonious abuse
and/or battery of a vulnerable adult that has not been reversed on appeal or
for which a pardon has not been granted, the employee applicant shall not be
eligible to be employed by the covered entity.
(c) Any such new employee applicant may, however, be employed on a temporary basis pending the results of the criminal history record check, but any employment contract with the new employee shall be voidable if the new employee receives a disqualifying criminal history record check and no waiver is granted as provided in this subsection (5).
(d) Under regulations
promulgated by the State Board of Health, the licensing agency shall require
every employee of a covered entity employed before July 1, 2003, to sign an
affidavit stating that he or she has not been convicted of or pleaded guilty or
nolo contendere to a felony of possession or sale of drugs, murder,
manslaughter, armed robbery, rape, sexual battery, any sex offense listed as
a registrable offense in Section 45-33-23 * * *, child abuse, arson, grand larceny,
burglary, gratification of lust, aggravated assault, or felonious abuse and/or
battery of a vulnerable adult, or that any such conviction or plea was reversed
on appeal or a pardon was granted for the conviction or plea. No such employee
of a covered entity hired before July 1, 2003, shall be permitted to provide
direct patient care until the employee has signed the affidavit required by
this paragraph (d). All such existing employees of covered entities must sign
the affidavit required by this paragraph (d) within six (6) months of the final
adoption of the regulations promulgated by the State Board of Health. If a
person signs the affidavit required by this paragraph (d), and it is later
determined that the person actually had been convicted of or pleaded guilty or
nolo contendere to any of the offenses listed in this paragraph (d) and the
conviction or plea has not been reversed on appeal or a pardon has not been
granted for the conviction or plea, the person is guilty of perjury. If the
offense that the person was convicted of or pleaded guilty or nolo contendere
to was a violent offense, the person, upon a conviction of perjury under this
paragraph, shall be punished as provided in Section 97-9-61. If the offense
that the person was convicted of or pleaded guilty or nolo contendere to was a
nonviolent offense, the person, upon a conviction of perjury under this
paragraph, shall be punished by a fine of not more than Five Hundred Dollars
($500.00), or by imprisonment in the county jail for not more than six (6)
months, or by both such fine and imprisonment.
(e) The covered entity may, in its discretion, allow any employee who is unable to sign the affidavit required by paragraph (d) of this subsection (5) or any employee applicant aggrieved by an employment decision under this subsection (5) to appear before the covered entity's hiring officer, or his or her designee, to show mitigating circumstances that may exist and allow the employee or employee applicant to be employed by the covered entity. The covered entity, upon report and recommendation of the hiring officer, may grant waivers for those mitigating circumstances, which shall include, but not be limited to: (i) age at which the crime was committed; (ii) circumstances surrounding the crime; (iii) length of time since the conviction and criminal history since the conviction; (iv) work history; (v) current employment and character references; and (vi) other evidence demonstrating the ability of the individual to perform the employment responsibilities competently and that the individual does not pose a threat to the health or safety of the patients of the covered entity.
(f) The licensing agency may charge the covered entity submitting the fingerprints a fee not to exceed Fifty Dollars ($50.00), which covered entity may, in its discretion, charge the same fee, or a portion thereof, to the employee applicant. Any increase in the fee charged by the licensing agency under this paragraph shall be in accordance with the provisions of Section 41-3-65. Any costs incurred by a covered entity implementing this subsection (5) shall be reimbursed as an allowable cost under Section 43-13-116.
(g) If the results of an employee applicant's criminal history record check reveals no disqualifying event, then the covered entity shall, within two (2) weeks of the notification of no disqualifying event, provide the employee applicant with a notarized letter signed by the chief executive officer of the covered entity, or his or her authorized designee, confirming the employee applicant's suitability for employment based on his or her criminal history record check. An employee applicant may use that letter for a period of two (2) years from the date of the letter to seek employment with any covered entity without the necessity of an additional criminal history record check. Any covered entity presented with the letter may rely on the letter with respect to an employee applicant's criminal background and is not required for a period of two (2) years from the date of the letter to conduct or have conducted a criminal history record check as required in this subsection (5).
(h) The licensing agency, the covered entity, and their agents, officers, employees, attorneys and representatives, shall be presumed to be acting in good faith for any employment decision or action taken under this subsection (5). The presumption of good faith may be overcome by a preponderance of the evidence in any civil action. No licensing agency, covered entity, nor their agents, officers, employees, attorneys and representatives shall be held liable in any employment decision or action based in whole or in part on compliance with or attempts to comply with the requirements of this subsection (5).
(i) The licensing agency shall promulgate regulations to implement this subsection (5).
(j) The provisions of this subsection (5) shall not apply to:
(i) Applicants and employees of the University of Mississippi Medical Center for whom criminal history record checks and fingerprinting are obtained in accordance with Section 37-115-41; or
(ii) Health care professional/vocational technical students for whom criminal history record checks and fingerprinting are obtained in accordance with Section 37-29-232.
(6) The State Board of Health shall promulgate rules, regulations and standards regarding the operation of adult foster care facilities.
SECTION 9. Section 45-33-39, Mississippi Code of 1972, is amended as follows:
45-33-39. (1) The court shall provide written notification to any defendant charged with a sex offense as defined by this chapter of the registration requirements of Sections 45-33-25 and 45-33-31. Such notice shall be included on any guilty plea forms and judgment and sentence forms provided to the defendant. The court shall obtain a written acknowledgment of receipt on each occasion.
(2) A court imposing a sentence, disposition or order of commitment following acquittal by reason of insanity shall notify the offender of the registration requirements of Sections 45-33-25 and 45-33-31. The court shall obtain a written acknowledgment of receipt on each occasion.
(3) A court having
jurisdiction of any of the offenses enumerated as registrable offenses
in Section 45-33-23 * * *
shall cause to be forwarded to the Department of Public Safety a certified
record of conviction in such court of any person of any of the offenses listed.
SECTION 10. Section 73-15-101, Mississippi Code of 1972, is amended as follows:
73-15-101. (1) A statewide program for certification of hemodialysis technicians is created under the Mississippi Board of Nursing.
(2) Unless certified as a certified hemodialysis technician under this section, no person shall:
(a) Practice as a certified hemodialysis technician; or
(b) Use the title "certified hemodialysis technician," "hemodialysis technician," or other title, abbreviation, letters, figures, signs, or devices to indicate or imply that the person is a certified hemodialysis technician.
(3) The Board of Nursing is authorized and empowered to:
(a) Maintain a permanent register of all certified hemodialysis technicians;
(b) Adopt rules and regulations for certified hemodialysis technician training programs, including standards and curricula;
(c) Provide for periodic evaluation of training programs;
(d) Grant, deny or withdraw approval from a training program that fails to meet prescribed standards or fails to maintain a current contract with the board;
(e) Develop, maintain and administer a certification examination, or grant, deny or withdraw approval of a certification examination(s);
(f) Adopt rules and regulations for certification of hemodialysis technicians by examination, endorsement, renewal and reinstatement; however, the certification by endorsement of a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1; and
(g) Conduct disciplinary hearings of certified hemodialysis technicians concerning the restriction, denial, suspension, revocation and/or discipline of a certificate holder in any manner specified in rules and regulations of the board.
(4) Any applicant for certification to practice as a hemodialysis technician shall submit to the Board of Nursing:
(a) An attested written application on a Board of Nursing form;
(b) A diploma from an approved high school or the equivalent thereof, as determined by the appropriate education agency;
(c) Written official evidence of completion of a hemodialysis technician program approved by the Board of Nursing;
(d) Evidence of competence in English related to health care/nursing if the first language is not English;
(e) Written official evidence that the applicant has passed the certification examination as approved by the Board of Nursing; and
(f) Any other official records required by the Board of Nursing.
The Board of Nursing may, in
its discretion, refuse to accept the application of any person who has been
convicted of a criminal offense under any provision of Title 97 of the
Mississippi Code of 1972, or any offense listed in Section 43-11-13(5), or any
sex offense included as a registrable offense in Section 45-33-23 * * *.
(5) Every certificate issued by the Board of Nursing to practice as a certified hemodialysis technician shall be renewed every two (2) years. The certified hemodialysis technician seeking renewal shall submit proof of employment as a certified hemodialysis technician, proof of having met continuing education
requirements adopted by the Board of Nursing and any other official records required by the Board of Nursing.
(6) The Board of Nursing shall establish nonrefundable fees necessary for the administration of this section, including, but not limited to, fees for initial certification by initial or later examination, renewal of certification, reinstatement of a lapsed certificate, endorsement, initial review and approval of a training program, and later review and approval of a training program.
SECTION 11. Section 99-1-27, Mississippi Code of 1972, is amended as follows:
99-1-27. (1) No law enforcement officer, prosecutor or other government official shall ask or require an adult, youth or child victim of a sex offense to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of the offense.
(2) The refusal of a victim to submit to an examination described above shall not prevent the investigation of the offense.
(3) For purposes of this
section, a "sex offense" shall have the meaning ascribed in Section
45-33-23 * * *.
SECTION 12. Section 99-47-1, Mississippi Code of 1972, is amended as follows:
99-47-1. (1) Definitions. As used in this section:
(a) "Confidential address" means any residential street address, school address, or work address of an individual, as specified on the individual's application to be a program participant under this section.
(b) "Program participant" means a person certified as a program participant under this section.
(c) "Domestic violence" means any of the following acts committed against a current or former spouse, a person living as a spouse or who formerly lived as a spouse or a child of persons living as spouses or who formerly lived as spouses, a parent, grandparent, child, grandchild or someone similarly situated to the defendant, a person with whom the defendant has a biological or legally adopted child in common, or a person in a current or former dating relationship:
(i) A violation of a domestic violence protection order;
(ii) Simple or aggravated domestic violence as defined in Section 97-3-7(3) or 97-3-7(4); or
(iii) Threats of such acts.
(d) "Sexual
assault" means an act as defined in Section 45-33-23 * * * as a sex offense or registrable offense.
(e) "Stalking" means an act as defined in Section 97-3-107 or Section 97-45-15.
(f) "Substitute address" means an address designated and assigned by the Office of the Attorney General to a program participant as a substitute mailing address under the Address Confidentiality Program.
(g) "Victim" means an individual against whom domestic violence, sexual assault, or stalking has been committed.
(2) Address Confidentiality Program. (a) An adult, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, may apply to the Office of the Attorney General to have an address designated by the Office of the Attorney General serve as the substitute address for the person, the minor or the incapacitated person. The Office of the Attorney General shall approve an application if it is filed in the manner and on the form prescribed by the Office of the Attorney General and if it contains:
(i) A sworn statement by the applicant that the applicant has good reason to believe that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, stalking, or sexual assault, and that the applicant fears for his or her safety, or his or her children's safety, or the safety of the minor or incapacitated person on whose behalf the application is made;
(ii) A designation of the Office of the Attorney General as agent for purposes of services of process and for the purpose of receipt of mail;
(iii) The confidential address where the applicant can be contacted by the Office of the Attorney General, and the telephone number or numbers where the applicant can be contacted by the Office of the Attorney General;
(iv) The confidential address or addresses that the applicant requests not be disclosed for the reason that disclosure will increase the risk of domestic violence, stalking, or sexual assault;
(v) A statement of any existing or pending court order or court action involving the applicant that is related to divorce proceedings, child support, child custody, or child visitation; the court that issued each order or has jurisdiction over an action shall be noted;
(vi) The signature of the applicant and a representative of a domestic violence shelter or rape crisis center as designated under subsection (6) who assisted in the preparation of the application;
(vii) The date on which the applicant signed the application; and
(viii) Evidence that the applicant is a victim of domestic violence, sexual assault, or stalking. This evidence shall include at least one (1) of the following:
1. Law enforcement, court or other local, state or federal agency records or files;
2. Documentation from a domestic violence shelter or rape crisis center; or
3. Other form of evidence as determined by the Office of the Attorney General.
(b) Applications shall be filed with the Office of the Attorney General.
(c) Upon approval of an application, the Office of the Attorney General shall certify the applicant as a program participant. Upon certification, the Office of the Attorney General shall issue an Address Confidentiality Program authorization card to the program participant. Applicants shall be certified for four (4) years following the date of certification unless the certification is withdrawn, cancelled or invalidated before that date.
(d) A program applicant who falsely attests in an application that disclosure of the applicant's address would endanger the applicant's safety or the safety of the applicant's children or the minor or incapacitated person on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application or while a program participant, shall be guilty of a misdemeanor, punishable by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a term not to exceed six (6) months.
(e) A fraudulent attempt to gain access to a program participant's confidential address shall constitute a felony, punishable by a fine not to exceed Two Thousand Dollars ($2,000.00) or by imprisonment in the county jail for a term not to exceed two (2) years.
(f) Knowingly entering the Address Confidentiality Program to evade civil liability or criminal prosecution shall constitute a felony, punishable by a fine not to exceed Two Thousand Dollars ($2,000.00) or by imprisonment in the county jail for a term not to exceed two (2) years.
(g) A program participant may terminate the certification by filing a notarized request for withdrawal from the program with the Office of the Attorney General.
(3) Certification cancellation. (a) If the program participant obtains a name change, the person's program participation is terminated and the person may immediately reapply for certification under the new name.
(b) The Office of the Attorney General may cancel a program participant's certification if there is a change in the residential address or telephone number from the address or the telephone number listed for the program participant on the application unless the program participant provides the Office of the Attorney General with a minimum of seven (7) days' notice before the change of address occurs.
(c) The Office of the Attorney General may cancel certification of a program participant if mail forwarded by the Office of the Attorney General to the program participant's confidential address is returned as undeliverable or if service of process documents are returned to the Office of the Attorney General as unable to be served.
(d) The Office of the Attorney General shall cancel certification of a program participant who applies using false information.
(e) The Office of the Attorney General shall send notice of cancellation to the program participant. Notice of cancellation shall set out the reasons for cancellation. That program participant shall have thirty (30) days from receipt of notification of cancellation to appeal the cancellation decisions under procedures adopted by the Office of the Attorney General.
(f) An individual who ceases to be a program participant is responsible for notifying persons, who use the substitute address designated by the Office of the Attorney General as the program participant's address, that the designated substitute address is no longer the individual's address.
(4) Agency use of designated address. (a) Except as otherwise provided in this section, a program participant may request that public bodies use the address designated by the Office of the Attorney General as the participant's substitute address. The program participant, and not the Office of the Attorney General, domestic violence shelter, nor rape crisis center, is responsible for requesting that any public body use the address designated by the Office of the Attorney General as the substitute address of the program participant. If there is any criminal proceeding on behalf of the program participant, the program participant is also responsible for notifying any law enforcement agency and the district attorney's office of the person's participation in the program. There shall be no responsibility on the part of any district attorney's office or any law enforcement agency to request that a public body use the substitute address. Public bodies shall accept the address designated by the Office of the Attorney General as a program participant's substitute address, unless the Office of the Attorney General has determined that:
(i) The public body has a bona fide statutory or administrative requirement for the use of the confidential address of the program participant as defined in this section; and
(ii) The confidential address will be used only for those statutory and administrative purposes.
(b) A program participant may use the substitute address designated by the Office of the Attorney General as his or her work address.
(c) The Office of the Attorney General shall forward all first-class, certified or registered mail to the program participant at the confidential address provided by the program participant. The Office of the Attorney General shall not be required to track or otherwise maintain records of any mail received on behalf of a program participant unless the mail is certified or registered.
(d) A program participant's name, confidential address, telephone number and any other identifying information within the possession of a public body, as defined by Section 25-61-3, shall not constitute a public record within the meaning of the Mississippi Public Records Act of 1983. The program participant's actual name, address and telephone number shall be confidential and no public body shall disclose the program participant's name, address, telephone number, or any other identifying information.
(5) Disclosure of records prohibited; exceptions. A program participant's confidential address and telephone number and any other identifying information in the possession of the Office of the Attorney General shall not constitute a public record within the meaning of the Mississippi Public Records Act of 1983, and shall not be disclosed during discovery in any criminal prosecution. The Office of the Attorney General shall not make any records in a program participant's file available for inspection or copying other than the address designated by the Office of the Attorney General, except under the following circumstances:
(a) If requested by a law enforcement agency, to the law enforcement agency for official use only, but not to be included in any reports made by the law enforcement agency or required to be produced in discovery in any criminal prosecution;
(b) If directed by a court order, to a person identified in the order; or
(c) To verify, if requested by a public body, the participation of a specific program participant, in which case the Office of the Attorney General may only confirm participation in the program and confirm information supplied by the requester.
(6) Assistance for program applicants. The Office of the Attorney General shall refer potential participants to domestic violence shelters or rape crisis centers that provide shelter and counseling services to either victims of domestic violence, stalking, or sexual assault to assist persons applying to be program participants.
(7) Address confidentiality funding. Expenses of administering the Address Confidentiality Program shall be paid from the Crime Victims' Compensation Fund.
(8) Immunity. The Office of the Attorney General and/or its agents and/or employees are immune from civil and/or criminal liability for damages for conduct within the scope and arising out of the performance of the duties imposed under this section. Any district attorney and his agents and employees, any law enforcement agency and its agents and employees, and any local or state agency and its agents and employees are immune from liability, whether civil or criminal, for damages for conduct within the scope and arising out of the program. Any employee or representative of a domestic violence shelter or rape crisis center who acts in good faith to assist a victim complete an application for participation in the Address Confidentiality Program shall be immune from civil and/or criminal liability. Any assistance rendered pursuant to this section, by the Office of the Attorney General, its agents or employees, shall in no way be construed as legal advice.
(9) Adoption of rules. The Office of the Attorney General Victim Compensation Division is authorized to adopt rules and regulations as shall be necessary for carrying out the provisions of this section.
SECTION 13. This act shall take effect and be in force from and after July 1, 2019.