MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary B
By: Representatives Creekmore IV, Bain
AN ACT TO AMEND SECTION 9-23-9, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE INTERVENTION COURTS ADVISORY COMMITTEE TO PROMULGATE RULES AND REGULATIONS THAT ALLOW THE ADMINISTRATIVE OFFICE OF COURTS TO PROVIDE ADDITIONAL FUNDING TO INTERVENTION COURTS BASED ON THE FINANCIAL NEEDS OF THE COURT; TO AMEND SECTION 9-23-11, MISSISSIPPI CODE OF 1972, TO REVISE THE MINIMUM CERTIFICATION STANDARDS FOR OPERATION OF AN INTERVENTION COURT OR PROBLEM SOLVING COURT BY REQUIRING THE PROVISION OF MENTAL HEALTH SERVICES; TO AMEND SECTION 41-113-1, MISSISSIPPI CODE OF 1972, TO INCLUDE DRUG ABUSE IN THE LEGISLATIVE INTENT FOR THE TOBACCO EDUCATION, PREVENTION AND CESSATION PROGRAM; TO AMEND SECTION 41-113-3, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTIES OF THE OFFICE OF TOBACCO CONTROL BY ADDING FENTANYL AND DRUG ABUSE PREVENTION EDUCATION; TO AMEND SECTION 41-113-5, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTIES OF THE DIRECTOR OF THE OFFICE OF TOBACCO CONTROL TO INCLUDE IMPLEMENTATION OF A FENTANYL DRUG ABUSE EDUCATION, PREVENTION AND CESSATION PROGRAM; TO AMEND SECTION 41-113-7, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTIES OF THE OFFICE OF TOBACCO CONTROL BY ADDING FENTANYL AND DRUG ABUSE PREVENTION EDUCATION; TO AMEND SECTION 41-114-1, MISSISSIPPI CODE OF 1972, TO INCLUDE VAPORIZING DEVICES IN THE DEFINITION OF "SMOKE" OR "SMOKING" FOR THE PROVISIONS OF LAW THAT RESTRICT TOBACCO USE IN PUBLIC FACILITIES; TO BRING FORWARD SECTIONS 41-113-9 AND 41-113-11, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE MISSISSIPPI TOBACCO CONTROL ADVISORY COUNCIL AND THE TOBACCO CONTROL PROGRAM FUND, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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, fentanyl and drug abuse prevention and treatment 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. The State Intervention Courts Advisory Committee may promulgate rules and regulations that authorize the Administrative Office of Courts to review funding for and provide additional funding to intervention courts based on the financial needs of the court or the number of participants the court serves.
(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 may create a funding formula that allows the Administrative Office of Courts to reallocate funding, provide additional funding based on the financial needs of the intervention court and/or the number of participants the court serves.
SECTION 2. 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 their 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 including, but not limited to, the use of a valid and reliable risk and needs assessment tool to identify participants and deliver appropriate interventions;
(ii) Targeting medium to high-risk offenders for participation;
(iii) The use of current, evidence-based interventions proven to reduce dependency on drugs or alcohol, or both;
(iv) Frequent testing for alcohol or drugs;
(v) Coordinated strategy between all 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) Providing mental health services.
(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 which shall include mental health services, including anticipated budget and implementation plan;
(vi) The data collection plan which shall include collecting the following data:
1. Total number of participants;
2. Total number of successful participants;
3. Total number of unsuccessful participants and the reason why each participant did not complete the program;
4. Total number of participants who were arrested for a new criminal offense while in the 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.
Any other data or information as required by the Administrative Office of
Courts * * *;
and
10. Total number of participants who were provided mental health services and a description of the services provided.
(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 drug 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 31, 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 * * * of every even calendar year.
(3) All certified intervention courts shall measure successful completion of the drug court based on those participants who complete the program without a new criminal conviction.
(4) (a) All certified drug 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; * * *
(viii)
Total number of participants who committed at least one (1) violation while in
the intervention court program and any resulting sanction(s) * * *; and
(ix) Total number of participants who received mental health services from the court program.
(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 and 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 3. Section 41-113-1, Mississippi Code of 1972, is amended as follows:
41-113-1. (1) The
Mississippi Legislature recognizes the devastating impact that tobacco use * * *, fentanyl use and drug abuse have on
the citizens of our state. Tobacco use * * *, fentanyl use and drug abuse are the * * * most preventable causes of death
and disease in this country and this state. Each year, thousands of Mississippians
lose their lives to diseases caused by tobacco use, fentanyl use and drug abuse,
and the cost to the state is hundreds of millions of dollars. Tobacco use * * *, fentanyl use and drug abuse are
a large burden on the families and businesses of Mississippi. It is therefore
the intent of the Legislature that there be developed, implemented and fully
funded a comprehensive and statewide tobacco use, fentanyl use and drug abuse
education, prevention and cessation program that is consistent with the Best Practices
for Tobacco Control Programs * * * and youth high risk drug use prevention guidelines
from the federal Centers for Disease Control and Prevention, as
periodically amended. It is also the intent of the Legislature that all reasonable
efforts be made to maximize the amount of federal funds available for this
program.
(2) The goals of the tobacco use, fentanyl use and drug abuse education, prevention and cessation program include, but are not limited to, the following:
(a) Preventing the initiation of use of tobacco products, fentanyl and abuse of drugs by youth;
(b) Encouraging and helping smokers to quit and reducing the numbers of youth and adults who use tobacco products, fentanyl or abuse drugs;
(c) Assisting in the protection from secondhand smoke;
(d) Supporting the enforcement of laws prohibiting youth access to tobacco products, fentanyl and youth drug abuse;
(e) Eliminating the racial and cultural disparities related to use of tobacco products, fentanyl and youth drug abuse; and
(f) Educating the public and changing the cultural perception of use of tobacco products, fentanyl and youth drug abuse in Mississippi.
SECTION 4. Section 41-113-3, Mississippi Code of 1972, is amended as follows:
41-113-3. (1) There is hereby created the Office of Tobacco Control (office) which shall be an administrative division of the State Department of Health.
(2) The Office of Tobacco Control, with the advice of the Mississippi Tobacco Control Advisory Board, shall develop and implement a comprehensive and statewide tobacco, fentanyl and drug abuse education, prevention and cessation program that is consistent with the recommendations for effective program components and funding recommendations in the 1999 Best Practices for Comprehensive Tobacco Control Programs of the federal Centers for Disease Control and Prevention, as those Best Practices may be periodically amended by the Centers for Disease Control and Prevention and the youth high risk drug use resources created by the federal Centers for Disease Control and Prevention.
(3) At a minimum, the program shall include the following components, and may include additional components that are contained within the Best Practices for Comprehensive Tobacco Control Programs of the federal Centers for Disease Control and Prevention, as periodically amended, and that based on scientific data and research have been shown to be effective at accomplishing the purposes of this section:
(a) The use of mass media, including paid advertising and other communication tools to discourage the use of tobacco products, fentanyl and drug abuse and to educate people, especially youth, about the health hazards from the use of tobacco products and/or drug abuse, which shall be designed to be effective at achieving these goals and shall include, but need not be limited to, television, radio, and print advertising, as well as sponsorship, exhibits and other opportunities to raise awareness statewide;
(b) Evidence-based curricula and programs implemented in schools to educate youth about tobacco, fentanyl and drug abuse and to discourage their use of tobacco products, fentanyl and abuse of drugs, including, but not limited to, programs that involve youth, educate youth about the health hazards from the use of tobacco products, fentanyl and/or the abuse of drugs, help youth develop skills to refuse tobacco products, and demonstrate to youth how to stop using tobacco products;
(c) Local community programs, including, but not limited to, youth-based partnerships that discourage the use of tobacco products, fentanyl and abuse of drugs and involve community-based organizations in tobacco, fentanyl and drug abuse education, prevention and cessation programs in their communities;
(d) Enforcement of laws, regulations and policies against the sale or other provision of tobacco products, fentanyl and/or drugs to minors, and the possession of tobacco products, fentanyl and/or drugs by minors;
(e) Programs to assist and help people to stop using tobacco products, fentanyl and/or abusing drugs; and
(f) A surveillance and evaluation system that monitors program accountability and results, produces publicly available reports that review how monies expended for the program are spent, and includes an evaluation of the program's effectiveness in reducing and preventing the use of tobacco products, fentanyl and the abuse of drugs, and annual recommendations for improvements to enhance the program's effectiveness.
(4) All programs or activities funded by the State Department of Health through the tobacco, fentanyl and drug abuse education, prevention and cessation program, whether part of a component described in subsection (2) or an additional component, must be consistent with the Best Practices for Comprehensive Tobacco Control Programs of the federal Centers for Disease Control and Prevention, as periodically amended, and all resources and guidelines established by the federal Centers for Disease Control and Prevention to reduce and prevent fentanyl use and drug abuse by youth, as periodically amended, all funds received by any person or entity under any such program or activity must be expended for purposes that are consistent with those Best Practices and guidelines. The State Department of Health shall exercise sole discretion in determining whether components are consistent with the Best Practices for Comprehensive Tobacco Control Programs of the federal Centers for Disease Control and Prevention.
(5) Funding for the different components of the program shall be apportioned between the components based on the recommendations in the Best Practices for Comprehensive Tobacco Control Programs of the federal Centers for Disease Control and Prevention, as periodically amended, or any additional programs as determined by the State Board of Health to provide adequate program development, implementation and evaluation for effective control of the use of tobacco products and preventive measures for fentanyl use and drug abuse. While the office shall develop annual budgets based on strategic planning, components of the program shall be funded using the following areas as guidelines for priority:
(a) School nurses and school programs;
(b) Mass media (counter-marketing);
(c) Cessation programs (including media promotions);
(d) Community programs;
(e) Surveillance and evaluation;
(f) Law enforcement; and
(g) Administration and management; however, not more than five percent (5%) of the total budget may be expended for administration and management purposes.
(6) In funding the components of the program, the State Department of Health may provide funding for health care programs at the University of Mississippi Medical Center and Mississippi Quality Health Center Grants that are related to the prevention and cessation of the use of tobacco products and the treatment of illnesses that are related to the use of tobacco products.
(7) No statewide, district, local, county or municipal elected official shall take part as a public official in mass media advertising under the provisions of this chapter.
SECTION 5. Section 41-113-5, Mississippi Code of 1972, is amended as follows:
41-113-5. (1) The Office
of Tobacco Control shall be under the management of a director, who shall be
appointed by the State Health Officer. The responsibility for implementation
of the comprehensive and statewide tobacco, fentanyl and drug abuse education,
prevention and cessation program shall be vested in the director. The director
shall be an individual who has knowledge and experience in public health,
medical care, health care services, mental health care services,
preventive health measures * * *, tobacco use control or drug abuse
prevention and/or treatment measures. The director shall be the administrative
officer of the Office of Tobacco Control, and shall perform the duties that are
required of him or her by law and such other duties as may be assigned to him
or her by the State Board of Health. The director shall receive such
compensation as may be fixed by the State Board of Health, subject to the
approval of the State Personnel Board.
(2) The State Health Officer may employ such other persons as may be necessary to carry out the provisions of this chapter. The compensation and the terms and conditions of their employment shall be determined by the State Board of Health in accordance with applicable state law and rules and regulations of the State Personnel Board.
SECTION 6. Section 41-113-7, Mississippi Code of 1972, is amended as follows:
41-113-7. The Office of Tobacco Control shall perform the following duties, with the advice of the Mississippi Tobacco Control Advisory Council:
(a) Develop and implement appropriate policies and procedures for the operation of the tobacco, fentanyl and drug abuse education, prevention and cessation program;
(b) Develop and
implement a * * *
strategic plan for * * *
a tobacco, fentanyl and drug abuse education, prevention and
cessation program;
(c) Develop and maintain an annual operating budget and oversee fiscal management of the tobacco, fentanyl and drug abuse education, prevention and cessation program;
(d) Execute any contracts, agreements or other documents with any governmental agency or any person, corporation, association, partnership or other organization or entity that are necessary to accomplish the purposes of this chapter;
(e) Receive grants, bequeaths, gifts, donations or any other contributions made to the office to be used for specific purposes related to the goals of this chapter;
(f) Submit an annual report to the Legislature regarding the operation of the office;
(g) Submit to the State Auditor any financial records that are necessary for the Auditor to perform an annual audit of the office as required by law; and
(h) Take any other actions that are necessary to carry out the purposes of this chapter.
SECTION 7. Section 41-114-1, Mississippi Code of 1972, is amended as follows:
41-114-1. (1) As used in this section:
(a) The term "public facility" means any building, gymnasium, athletic field, recreational area or park to which the public is invited, whether there is charge for admission or not.
(b) The term "smoke" or "smoking" means inhaling, exhaling, burning, vaporizing, carrying or otherwise possessing any lighted cigarette, cigar, pipe, "alternative nicotine product" or any other object or device of any form that contains lighted tobacco or any other smoking or vaporizing product.
(2) During any time that persons under eighteen (18) years of age are engaged in an organized athletic event at a public facility in Mississippi, no participant in or spectator of the athletic event shall smoke in the facility, if the facility is enclosed, or within one hundred (100) feet of the facility, if the facility is not enclosed, except as permitted under subsection (3)(c) of this section.
(3) The person, agency or entity having jurisdiction or supervision over a public facility shall not allow smoking at the facility in violation of this section, and shall use reasonable efforts to prevent smoking at the facility. The person, agency or entity may take the following steps:
(a) Posting appropriate signs informing persons that smoking is prohibited at the public facility.
(b) Securing the removal of persons who smoke at the public facility in violation of this section.
(c) Providing a designated area separate from the fields of activity, to which smoking shall be restricted.
(4) Any person who violates this section shall, upon conviction, be subject to a civil fine and shall be liable as follows:
(a) For a first conviction, a warning;
(b) For a second conviction, a fine of Seventy-five Dollars ($75.00); and
(c) For all later convictions, a fine not to exceed One Hundred Fifty Dollars ($150.00).
Anyone convicted under this section shall be recorded as being guilty of a civil penalty and not for violating a criminal statute. Any such violation shall be triable in any justice court or municipal court with proper jurisdiction.
(5) It is the responsibility of all law enforcement officers and law enforcement agencies of this state to ensure that the provisions of this section are enforced.
(6) If the actions of a person violate both this section and Section 97-32-29, the person shall be liable only under this section or Section 97-32-29, but not under both sections.
SECTION 8. Section 41-113-9, Mississippi Code of 1972, is brought forward as follows:
41-113-9. (1) There is created the Mississippi Tobacco Control Advisory Council, which shall consist of thirteen (13) members. The thirteen (13) members of the advisory council shall consist of the following:
(a) Four (4) members appointed by the Governor, with one (1) member from a list of three (3) physicians recommended by the Mississippi State Medical Association, one (1) member from a list of three (3) individuals recommended by the Mississippi Chapter of the American Heart Association, and two (2) individuals who are not affiliated with the tobacco industry who possess knowledge, skill, and prior experience in scientifically proven smoking prevention, reduction and cessation programs, health care services or preventive health measures;
(b) Two (2) members appointed by the Lieutenant Governor, with one (1) member from a list of three (3) nurses recommended by the Mississippi Nurses' Association, and one (1) member from a list of three (3) individuals recommended by the Mississippi Chapter of the American Lung Association;
(c) Two (2) members approved by the Speaker of the House of Representatives, with one (1) member from a list of three (3) social workers recommended by the Mississippi Chapter of the National Association of Social Workers (NASW), and one (1) member from a list of three (3) individuals recommended by the Mississippi Chapter of the American Cancer Society;
(d) The Attorney General, or his or her designee;
(e) The State Superintendent of Public Education, or his or her designee;
(f) The Vice-Chancellor of Health Affairs of the University of Mississippi Medical Center, or his or her designee;
(g) The Dean of the College of Health at the University of Southern Mississippi, or his or her designee; and
(h) The Administrator of the School of Health Sciences of the College of Public Service at Jackson State University, or his or her designee.
(2) The Lieutenant Governor shall appoint one (1) member of the Senate and the Speaker of the House shall appoint one (1) Representative to attend meetings of the Tobacco Control Advisory Council.
(3) For those members that are required to be appointed from lists of individuals recommended by certain nominating groups, if none of the recommended names are acceptable to the appointing official, then the nominating group shall submit another list of three (3) different individuals until an acceptable individual is submitted to the appointing official.
(4) The members who are state officials or university officials shall serve as members for as long as they hold the designated office or university position. The appointed members shall serve for terms that are concurrent with the terms of the appointing officials, or until their successors are appointed and qualified.
(5) Any vacancy in an appointed member position shall be filled within thirty (30) days of the vacancy by the original appointing official, and the individual appointed to fill the vacancy shall meet the same qualifications as required for the former member.
(6) The initial appointments to the advisory council shall be made not later than forty-five (45) days after March 30, 2007, and the first meeting of the advisory council shall be held within sixty (60) days after March 30, 2007, at a time, date and location specified by the State Board of Health.
(7) The advisory council shall annually elect a chairman from among its members. The advisory council shall meet at least quarterly. A quorum for meetings of the advisory council shall be a majority of the voting members of the advisory council. The members of the advisory council shall receive the per diem compensation provided under Section 25-3-69 plus expense reimbursement as provided under Section 25-3-41 for attending meetings and necessary business of the advisory council.
(8) The Mississippi Tobacco Advisory Council shall advise and make recommendations to the State Board of Health regarding rules and regulations promulgated pursuant to this program.
SECTION 9. Section 41-113-11, Mississippi Code of 1972, is brought forward as follows:
41-113-11. (1) There is established in the State Treasury a special fund to be known as the Tobacco Control Program Fund, which shall be comprised of the funds specified in subsection (2) of this section and any other funds that are authorized or required to be deposited into the special fund.
(2) From the tobacco settlement installment payments that the State of Mississippi receives during each calendar year, the sum of Twenty Million Dollars ($20,000,000.00) shall be deposited into the special fund.
(3) Monies in the fund shall be expended solely for the purposes specified in this chapter. None of the funds in the special fund may be transferred to any other fund or appropriated or expended for any other purpose.
(4) All income from the investment of the funds in the Tobacco Control Program Fund shall be credited to the account of the Tobacco Control Program Fund. Any funds in the Tobacco Control Program Fund at the end of a fiscal year shall not lapse into the State General Fund. Any funds appropriated from the Tobacco Control Program Fund that are unexpended at the end of a fiscal year shall lapse into the Tobacco Control Program Fund. However, beginning with fiscal year 2020, any funds appropriated from the Tobacco Control Program Fund that are unexpended at the end of the fiscal year shall lapse into the Health Care Expendable Fund.
SECTION 10. This act shall take effect and be in force from and after July 1, 2022.