MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Judiciary, Division B
By: Senator(s) Branning, Doty, Boyd, Sparks, Wiggins
AN ACT TO AMEND SECTIONS 9-23-1 AND 9-23-3, MISSISSIPPI CODE OF 1972, TO STANDARDIZE REFERENCES TO DRUG INTERVENTION COURTS; TO AMEND SECTION 9-23-5, MISSISSIPPI CODE OF 1972, TO REVISE DEFINITIONS RELATING TO VARIOUS TYPES OF INTERVENTION COURTS; TO AMEND SECTION 9-23-9, MISSISSIPPI CODE OF 1972, TO REVISE THE INTERVENTION COURT CERTIFICATION AND RECERTIFICATION PROCESS; TO AMEND SECTION 9-23-11, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COLLECTION OF DATA BY THE ADMINISTRATIVE OFFICE OF COURTS ON PARTICIPANTS IN INTERVENTION PROGRAMS TO ENSURE THAT INTERVENTION PROGRAMS ARE FOLLOWING BEST PRACTICES AND USING EVIDENCE- OR RESEARCH-BASED METHODS AND TO MAKE TECHNICAL CORRECTIONS IN TERMINOLOGY AND DEADLINES FOR RECERTIFICATION; TO AMEND SECTIONS 9-23-13 AND 9-23-15, MISSISSIPPI CODE OF 1972, TO STANDARDIZE REFERENCES TO DRUG INTERVENTION COURTS; TO AMEND SECTION 9-23-17, MISSISSIPPI CODE OF 1972, TO PROVIDE EVALUATION STANDARDS; TO AMEND SECTIONS 9-23-19, 9-23-21, 9-23-23, 9-23-51, 9-25-1, 9-27-1, 9-27-3, 9-27-5, 9-27-7, 9-27-9 AND 9-27-11, MISSISSIPPI CODE OF 1972, TO STANDARDIZE REFERENCES TO VARIOUS TYPES OF INTERVENTION COURTS; TO AMEND SECTIONS 9-27-15, 9-27-17 AND 9-27-19, MISSISSIPPI CODE OF 1972, TO STANDARDIZE REFERENCES TO MENTAL HEALTH INTERVENTION COURTS; TO REPEAL SECTION 9-27-21, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR MENTAL HEALTH DIVERSION PILOT PROGRAMS IN CERTAIN CIRCUIT COURT DISTRICTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-23-1, Mississippi Code of 1972, is amended as follows:
9-23-1. This chapter shall be known and may be cited as the "Alyce Griffin Clarke Drug Intervention Court Act."
SECTION 2. Section 9-23-3, Mississippi Code of 1972, is amended as follows:
9-23-3. (1) The Legislature of Mississippi recognizes the critical need for judicial intervention to reduce the incidence of alcohol and drug use, alcohol and drug addiction, and crimes committed as a result of alcohol and drug use and alcohol and drug addiction. It is the intent of the Legislature to facilitate local drug intervention court alternative orders adaptable to chancery, circuit, county, youth, municipal and justice courts.
(2) The goals of the drug intervention courts under this chapter include the following:
(a) To reduce alcoholism and other drug dependencies among adult and juvenile offenders and defendants and among respondents in juvenile petitions for abuse, neglect or both;
(b) To reduce criminal and delinquent recidivism and the incidence of child abuse and neglect;
(c) To reduce the alcohol-related and other drug-related court workload;
(d) To increase personal, familial and societal accountability of adult and juvenile offenders and defendants and respondents in juvenile petitions for abuse, neglect or both;
(e) To promote effective interaction and use of resources among criminal and juvenile justice personnel, child protective services personnel and community agencies; and
(f) To use corrections resources more effectively by redirecting prison-bound offenders whose criminal conduct is driven in part by drug and alcohol dependence to intensive supervision and clinical treatment available in the drug intervention court.
SECTION 3. Section 9-23-5, Mississippi Code of 1972, is amended as follows:
9-23-5. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:
(a) "Chemical * * * tests" means the analysis of
an individual's: (i) blood, (ii) breath, (iii) hair, (iv) sweat, (v) saliva,
(vi) urine, or (vii) other bodily substance to determine the presence of
alcohol or a controlled substance.
(b) "Crime of violence" means an offense listed in Section 97-3-2.
(c) "Drug
intervention court" means a drug court * * * that utilizes an immediate and highly structured intervention
process for eligible defendants or juveniles that brings together mental health
professionals, substance abuse professionals, local social programs and
intensive judicial monitoring.
(d) "Evidence-based
program" * * * and
"researched-based program" have the meanings as those terms are
defined in Section 27-103-159.
(e) "Risk and needs assessment" means the use of an actuarial assessment tool validated on a Mississippi corrections population to determine a person's risk to reoffend and the characteristics that, if addressed, reduce the risk to reoffend.
SECTION 4. Section 9-23-9, Mississippi Code of 1972, is amended as follows:
9-23-9. (1) The State Intervention Courts Advisory Committee is established to develop and periodically update proposed statewide evaluation plans and models for monitoring all critical aspects of intervention courts. 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 or a designee of the director and shall consist of eleven (11) members all of whom shall be appointed by the Supreme Court. The members shall be broadly representative of the courts, mental health, veterans affairs, law enforcement, corrections, criminal defense bar, prosecutors association, juvenile justice, child protective services and substance abuse treatment communities.
(2) The State Intervention 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 intervention court policies and procedures including the intervention court certification process. The committee may make suggestions as to the criteria for eligibility, and other procedural and substantive guidelines for intervention court operation.
(3) The State Intervention Courts Advisory Committee shall act as arbiter of disputes arising out of the operation of intervention courts established under this chapter and make recommendations to improve the intervention courts; it shall also make recommendations to the Supreme Court necessary and incident to compliance with established rules.
(4) The State Intervention Courts Advisory Committee shall establish through rules and regulations a viable and fiscally responsible plan to expand the number of adult and juvenile intervention 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 Intervention Courts Advisory Committee shall receive and review the monthly reports submitted to the Administrative Office of Courts by each certified intervention court and provide comments and make recommendations, as necessary, to the Chief Justice and the Director of the Administrative Office of Courts.
(6) The State Intervention Courts Advisory Committee must promulgate administrative best practices for all intervention courts and require compliance with those best practices for any certification or recertification under Section 9-23-11 on or after July 1, 2021.
(7) From and after July 1, 2020, an intervention court not certified under Section 9-23-11 when required is barred from expending public funds.
SECTION 5. 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 intervention 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 intervention courts supports effective and proven practices that
reduce recidivism and substance dependency among * * * participants.
(2) The Administrative Office of Courts shall establish a certification process that ensures any new or existing intervention court meets minimum standards for intervention court operation.
(a) These standards shall include, but are not limited to:
(i)
The use of evidence-based * * * practices or research-based programs, 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 * * * or research-based programs,
proven to reduce dependency on drugs or alcohol, or both;
(iv) Frequent testing for alcohol or drugs;
(v) Coordinated strategy between all intervention court program personnel involving the use of graduated clinical interventions;
(vi)
Ongoing judicial interaction with each participant; * * *
(vii)
Monitoring and evaluation of intervention court program implementation and
outcomes through data collection and reporting * * *; and
(viii)_ The use of administrative best practices promulgated by the State Intervention Courts Advisory Committee.
(b) Intervention court certification applications shall include:
(i) A description of the need for the intervention court;
(ii) The targeted population for the intervention court;
(iii) The eligibility criteria for intervention 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 intervention court intervention components, including
anticipated budget * * *, implementation plan, administrative best practices
policies, and a list of the evidence-based or research-based programs to be
implemented; and
(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 intervention court program;
5. Total number of participants who were convicted of a new felony or misdemeanor offense while in the intervention court program;
6. Total number of participants who committed at least one (1) violation while in the intervention court program and the resulting sanction(s);
7.
Results of the initial risk and needs assessment or other clinical assessment
conducted on each participant; * * *
8.
Total number of applications for screening by race, gender, offenses charged,
indigence and, if not accepted, the reason for nonacceptance; * * *
9. Identification of any program participant who, after completion of an intervention program, was arrested for a new criminal offense; and
* * *10. Any other data or information as
required by the Administrative Office of Courts.
(c) Every intervention court shall be certified under the following schedule:
(i)
An intervention court application submitted after July 1, 2014, shall require
certification of the intervention court based on the proposed * * * intervention court plan.
(ii) An intervention court initially established and certified after July 1, 2014, shall be recertified after its second year of funded operation on a time frame consistent with the other certified courts of its type.
(iii)
A certified adult felony intervention court in existence on December 31, 2018,
must submit a recertification petition by July 1, 2019, and be recertified
under the requirements of this section on or before December 31, 2019; after
the recertification, all certified adult felony intervention courts must submit
a recertification petition every two (2) years to the Administrative Office of
Courts. The recertification process must be completed by December 31 * * * of every odd calendar year.
(iv)
A certified youth, family, misdemeanor or chancery intervention court in
existence on December 31, 2018, must submit a recertification petition by July * * * 1, 2020, and be recertified under
the requirements of this section by December 31, 2020. After the
recertification, all certified youth, family, misdemeanor and chancery
intervention courts must submit a recertification petition every two (2) years
to the Administrative Office of Courts. The recertification process must be
completed by December 31 * * *st of every even calendar year.
(3)
All certified intervention courts shall measure successful completion of the * * * intervention court based on those
participants who complete the program without a new criminal conviction.
(4) (a) All certified * * * intervention 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 intervention 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 intervention court program in the month;
(vii) Total number of participants who were convicted for a new criminal arrest while in the intervention court program in the month; and
(viii) Total number of participants who committed at least one (1) violation while in the intervention 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 intervention 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 intervention court may appoint the full- or part-time employees it deems necessary for the work of the intervention 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, including, but not limited to, requiring third-party providers under contract to provide services that comport with evidence-based or research-based programs, and to make any other policies not inconsistent with this section to carry out this process.
(8) A certified intervention 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 6. Section 9-23-13, Mississippi Code of 1972, is amended as follows:
9-23-13. (1) * * * A drug intervention court's
alcohol and drug intervention component shall provide * * * to
eligible individuals, either directly or through referrals, a range of
necessary court intervention services, including, but not limited to, the
following:
(a) Screening using a valid and reliable assessment tool effective for identifying alcohol and drug dependent persons for eligibility and appropriate services;
(b) Clinical assessment; for a DUI offense, if the person has two (2) or more DUI convictions, the court shall order the person to undergo an assessment that uses a standardized evidence-based instrument performed by a physician to determine whether the person has a diagnosis for alcohol and/or drug dependence and would likely benefit from a court-approved medication-assisted treatment indicated and approved for the treatment of alcohol and/or drug dependence by the United States Food and Drug Administration, as specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. Upon considering the results of the assessment, the court may refer the person to a rehabilitative program that offers one or more forms of court-approved medications that are approved for the treatment of alcohol and/or drug dependence by the United States Food and Drug Administration;
(c) Education;
(d) Referral;
(e) Service coordination and case management; and
(f) Counseling and rehabilitative care.
(2) Any inpatient treatment or inpatient detoxification program ordered by the court shall be certified by the Department of Mental Health, other appropriate state agency or the equivalent agency of another state.
(3) All drug intervention courts shall make available the option for participants to use court-approved medication-assisted treatment while participating in the programs of the court in accordance with the recommendations of the National Drug Court Institute.
SECTION 7. 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 intervention 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 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 intervention 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 intervention court, a participant may be required to undergo a
chemical test or a series of chemical tests as specified by the drug
intervention 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 intervention court or the laboratory; however, if testing is
available from other sources or the program itself, the judge may waive any
fees for testing. The judge may waive all fees if the applicant is determined
to be indigent.
(b) A laboratory that performs a chemical test under this section shall report the results of the test to the drug intervention court.
(4) A person does not have a right to participate in a drug intervention 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 intervention court under this chapter. However, any person meeting the eligibility criteria in subsection (1) of this section shall, upon request, be screened for admission to drug intervention court.
SECTION 8. Section 9-23-17, Mississippi Code of 1972, is amended as follows:
9-23-17. With regard to any drug intervention court, the Administrative Office of Courts shall do the following:
(a) Certify and re-certify drug intervention 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 intervention 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 intervention courts, provide those reports to the State Intervention Courts Advisory Committee, compile an annual report summarizing the data collected and the outcomes achieved by all certified intervention courts and submit the annual report to the Oversight Task Force.
(h) As funding is
available or every * * * five (5)
years, the Administrative Office of Courts will contract with an
external evaluator to conduct an evaluation of the effectiveness of the statewide
drug intervention court program * * * and individual drug
intervention courts * * *. Adult drug
intervention courts will be evaluated based on the Key Components of Drug
Courts adopted by the National Association of Drug Court Professionals and the
Adult Drug Court Best Practice Standards adopted by the National Drug Court
Institute. Juvenile drug intervention courts will be evaluated based on the
strategies adopted by the United States Department of Justice, Bureau of
Justice Assistance. Family drug intervention courts will be evaluated based on
the recommendations adopted by the Office of Juvenile Justice and Delinquency
Prevention, Office of Justice Programs and the Family Treatment Court Best
Practice Standards adopted by the National Association of Drug Court
Professionals.
(i) Adopt rules to implement this chapter.
SECTION 9. Section 9-23-19, Mississippi Code of 1972, is amended as follows:
9-23-19. (1) All
monies received from any source by * * * a
drug intervention court shall be accumulated in a fund to be used only for drug
intervention 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 Intervention Court Fund for the funding of further activities by
the drug intervention court.
(2) * * * A drug intervention 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 intervention court.
(3) The costs of participation in an alcohol and drug intervention program required by the certified drug intervention 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 Intervention Court Fund for participation in an alcohol or drug intervention program; however, all fees may be waived if the applicant is determined to be indigent.
SECTION 10. Section 9-23-21, Mississippi Code of 1972, is amended as follows:
9-23-21. The director and members of the professional and administrative staff of the drug intervention court who perform duties in good faith under this chapter are immune from civil liability for:
(a) Acts or omissions in providing services under this chapter; and
(b) The reasonable exercise of discretion in determining eligibility to participate in the drug intervention court.
SECTION 11. 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 intervention court, including the payment of fines and fees assessed and not waived by the court, 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 intervention court order and other requirements of probation or suspension of sentence will result in the record of the criminal conviction or adjudication being expunged. However, no expunction of any implied consent violation shall be allowed.
SECTION 12. Section 9-23-51, Mississippi Code of 1972, is amended as follows:
9-23-51. There is created
in the State Treasury a special interest-bearing fund to be known as the Drug Intervention
Court Fund. The purpose of the fund shall be to provide supplemental funding
to all drug intervention courts in the state. Monies from the funds
derived from assessments under Section 99-19-73 shall be distributed by the
State Treasurer upon warrants issued by the Administrative Office of Courts,
pursuant to procedures set by the State * * * Intervention
Courts Advisory Committee to assist both juvenile drug intervention
courts and adult drug intervention courts. Funds from other sources
shall be distributed to the drug intervention courts in the state based
on a formula set by the State * * * Intervention
Courts Advisory Committee. The fund shall be a continuing fund, not subject to
fiscal-year limitations, and shall consist of: (a) monies appropriated by the
Legislature for the purposes of funding drug intervention courts; (b)
the interest accruing to the fund; (c) monies received under the provisions of
Section 99-19-73; (d) monies received from the federal government; and (e)
monies received from such other sources as may be provided by law.
SECTION 13. 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 * * * intervention
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 * * * Intervention
Court program. The Veterans * * * Intervention
Court may, at the discretion of the circuit court judge, be a separate court
program or as a component of an existing intervention court program. At the
discretion of the circuit court judge, the Veterans * * * Intervention
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 * * * Intervention
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 * * * Intervention 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 * * * Intervention
Court, a participant may be required to undergo a chemical test or a series of
chemical tests as specified by the Veterans * * * Intervention
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 * * * Intervention Courts.
(d) A person does not
have the right to participate in a Veterans * * * Intervention 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 * * * Intervention Court program.
(e) A defendant shall
be excluded from participating in a Veterans * * * Intervention 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 * * * an intervention 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 * * * Intervention 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 * * * Intervention 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 veterans intervention component established under this chapter.
(e) Require, as a condition of operation, that each veterans intervention court created or funded under this chapter be certified by the Administrative Office of Courts.
(f) Adopt rules to implement this chapter.
(5) State
Intervention Courts Advisory Committee. (a) The State Intervention
Court Advisory Committee shall be responsible for developing statewide rules
and policies as they relate to Veterans * * * Intervention Court programs.
(b) The State
Intervention 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 Veterans * * * Intervention Court policies
and procedures.
(c) The State
Intervention Courts Advisory Committee shall act as an arbiter of
disputes arising out of the operation of Veterans * * * Intervention Court programs
established under this chapter and make recommendations to improve the Veterans * * * Intervention Court programs.
(6) Funding for
Veterans * * *
Intervention Courts. (a) All monies received from any source by
the Veterans * * * Intervention Court program shall be accumulated in
a fund to be used only for Veterans * * * Intervention 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 * * * Intervention Court fund for
the funding of further activities by the Veterans * * * Intervention Court program.
(b) A Veterans * * * Intervention 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 * * *
Intervention Court program.
(7) Immunity.
The coordinator and members of the professional and administrative staff of the
Veterans * * *
Intervention 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 * * * Intervention Court program.
(8) This section shall be codified as a separate article in Title 9, Mississippi Code of 1972.
SECTION 14. 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 * * * Intervention Court
Act."
SECTION 15. 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.
(2) The goals of the mental health intervention courts under this chapter include the following:
(a) Reduce the number of future criminal justice contacts among offenders with mental illnesses;
(b) Reduce the inappropriate institutionalization of people with mental illnesses;
(c) Improve the mental health and well-being of defendants who come in contact with the 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 intervention court.
SECTION 16. Section 9-27-5, Mississippi Code of 1972, is amended as follows:
9-27-5. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:
(a) "Chemical tests" means the analysis of an individual's: (i) blood, (ii) breath, (iii) hair, (iv) sweat, (v) saliva, (vi) urine, or (vii) other bodily substance to determine the presence of alcohol or a controlled substance.
(b) "Mental
health * * * intervention court" means an immediate and
highly structured intervention process for mental health treatment of eligible
defendants or juveniles that:
(i) Brings together mental health professionals, local social programs and intensive judicial monitoring; and
(ii) Follows the * * * essential elements of the
mental health intervention court curriculum published by the Bureau of
Justice Assistance of the United States Department of Justice.
(c) "Evidence-based * * * program" * * * and
"research-based program" have the meanings as those terms are defined
in Section 27-103-159.
(d) "Risk and needs assessment" means the use of an actuarial assessment tool validated on a Mississippi corrections population to determine a person's risk to reoffend and the characteristics that, if addressed, reduce the risk to reoffend.
SECTION 17. 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 courts established under this chapter. The goal of the mental health intervention courts is to support effective and proven practices that reduce recidivism and provide treatment for participants.
(2) Mental health intervention courts 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 intervention court personnel;
(v) Ongoing judicial interaction with each participant; and
(vi) Monitoring and evaluation of mental health intervention court implementation and outcomes through data collection and reporting.
(b) Mental health intervention courts 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 mental health intervention court;
(v) Total number of participants who were convicted of a new felony or misdemeanor offense while in the mental health intervention court;
(vi) Total number of participants who committed at least one (1) violation while in the mental health intervention court 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 intervention courts must measure successful completion of the program based on those participants who complete the program without a new criminal conviction.
(4) (a) Mental health intervention 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 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 intervention courts may individually establish rules and may make special orders and rules as necessary that do not conflict with rules promulgated by the Supreme Court or the Administrative Office of Courts.
(6) A mental health intervention court may appoint the full- or part-time employees it deems necessary for the work of the mental health intervention court 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 intervention
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 18. Section 9-27-9, Mississippi Code of 1972, is amended as follows:
9-27-9. (1) A mental health intervention court'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 19. 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 intervention court, the participant must satisfy each of the following criteria:
(a) The participant cannot have any felony convictions for any offenses that are crimes of violence as defined in Section 97-3-2, other than burglary under Section 97-17-23(1), within the previous ten (10) years.
(b) The crime before the court cannot be a crime of violence as defined in Section 97-3-2, other than burglary under Section 97-17-23(1).
(c) Other criminal proceedings alleging commission of a crime of violence 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 intervention court.
(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 * * * 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 mental
health intervention court. In cases transferred from another
jurisdiction, the receiving judge shall act as a special master and make
recommendations to the sentencing judge.
(3) (a) As a condition of participation in a mental health intervention court, 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 intervention court or the laboratory; however, if testing is available from other sources or the program itself, the judge may waive any fees for testing. Fees may be waived if the applicant is determined to be indigent.
(b) A laboratory that performs a chemical test under this section shall report the results of the test to the mental health intervention court.
(4) A person does not have a right to participate in a mental health intervention court under this chapter. The court having jurisdiction over a person for a matter before the court shall have the final determination about whether the person may participate in the mental health intervention court under this chapter. However, any person meeting the eligibility criteria in subsection (1) of this section, shall, upon request, be screened for admission into the court's program.
SECTION 20. 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 intervention court shall be accumulated in a local fund to be used only for mental health intervention court 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 intervention court fund for the funding of further activities by the mental health intervention court.
(2) A mental health intervention court may apply for and receive the following:
(a) Gifts, bequests and donations from private sources.
(b) Grant and contract monies from governmental sources.
(c) Other forms of
financial assistance approved by the court to supplement the budget of the
mental health * * * intervention court.
(3) The costs of participation in a mental health treatment program required by the mental health intervention court may be paid by the participant or out of user fees or such other state, federal or private funds that may, from time to time, be made available.
(4) The court may assess reasonable and appropriate fees to be paid to the local mental health intervention court fund for participation in a mental health treatment program; however, all fees may be waived by the court if the applicant is determined to be indigent.
SECTION 21. 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 intervention court who perform duties in good faith under this chapter are immune from civil liability for:
(a) Acts or omissions in providing services under this chapter; and
(b) The reasonable exercise of discretion in determining eligibility to participate in the mental health intervention court.
SECTION 22. 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 intervention court, 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 intervention court order and other requirements of probation or suspension of sentence will result in the record of the criminal conviction or adjudication being expunged.
SECTION 23. Section 9-27-21, Mississippi Code of 1972, which provides for a mental health diversion pilot program in certain circuit court districts, is repealed.
SECTION 24. This act shall take effect and be in force from and after July 1, 2020.