MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Juvenile Justice; Education

By: Representatives Malone, Davis (102nd), Moore, Huddleston, McInnis

AN ACT TO CREATE THE JUVENILE REGIMENTED INMATE DISCIPLINE PROGRAM; TO DEFINE THE WORDS "JUVENILE" AND "CHILD"; TO PROHIBIT CHILDREN FROM BEING HOUSED WITH ADULT OFFENDERS; TO PROVIDE THAT ANY COUNTY IN WHICH A CHILD IS SENTENCED TO THE PROGRAM SHALL PAY FIFTY PERCENT OF THE COST OF THE CHILD'S PARTICIPATION IN THE PROGRAM; TO AMEND SECTIONS 37-19-29 AND 37-19-45, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF EDUCATION TO DIVERT, TO THE DEPARTMENT OF CORRECTIONS FOR THE JUVENILE REGIMENTED INMATE DISCIPLINE PROGRAM, THE AMOUNT OF THE AVERAGE DAILY ATTENDANCE DOLLARS ALLOTTED TO A SCHOOL DISTRICT FOR ANY CHILD SENTENCED TO THE PROGRAM; TO AMEND SECTION 43-21-605, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE YOUTH COURT TO SENTENCE ANY CHILD ADJUDICATED DELINQUENT TO THE JUVENILE REGIMENTED INMATE PROGRAM; AND FOR RELATED PURPOSES. 

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

SECTION 1. (1) For purposes of this act the following words shall have the meaning ascribed herein unless the context clearly otherwise requires:

"Juvenile" and "child" mean a person who has not reached his eighteenth birthday. A child who has not reached his eighteenth birthday and is on active duty for a branch of the armed services or is married is not considered a "juvenile" or "child" for the purposes of this act.

(2) The Commissioner of Corrections shall establish a juvenile regimented inmate discipline program within the Department of Corrections. The program shall include juveniles who have been adjudicated delinquent under Section 43-21-561. However, male and female juveniles shall be housed in separate facilities and shall attend separate juvenile regimented inmate discipline programs. The program will consist of alcohol and drug testing and counseling, ninety (90) days of military style boot camp training, an evaluation of the juvenile's educational level and a daily work schedule. A juvenile's educational level shall be evaluated after he or she has served ninety (90) days. The commissioner shall designate the facilities at which the juvenile regimented inmate discipline programs will be administered.

(3) A juvenile shall not be placed in any jail or place of detention of adults unless the juvenile is physically segregated from the other persons not subject to the jurisdiction of the youth court, and the physical arrangement of the jail or place of detention of adults must prevent the juvenile from having substantial contact with and substantial view of the other persons; but in any event, the juvenile shall not be confined anywhere in the same cell with persons not subject to the jurisdiction of the youth court.

(4) Any county in which a juvenile is sentenced to the juvenile regimented inmate discipline program shall pay fifty percent (50%) of the cost of the juvenile's participation in the program, and the Department of Corrections shall pay for the remaining fifty percent (50%) of the cost of the program.

SECTION 2. Section 37-19-29, Mississippi Code of 1972, is amended as follows:

37-19-29. (1) Notwithstanding any provision of this chapter or any other law requiring the number of children in average daily attendance or the average daily attendance of transported children to be determined on the basis of the preceding year, the state board of education may make proper adjustments in allotments in cases where major changes in the number of children in average daily attendance or the average daily attendance of transported children occurs from one year to another as a result of changes or alterations in the boundaries of school districts, the sending of children from one county or district to another upon a contract basis, the termination or discontinuance of a contract for the sending of children from one county or district to another, a change in or relocation of attendance centers, or for any other reason which would result in a major decrease or increase in the number of children in average daily attendance or the average daily attendance of transported children during the current school year as compared with the preceding year.

(2) When any child is adjudicated delinquent under Section 43-21-561, and is sentenced to the juvenile regimented inmate discipline program, the school district in which the child is enrolled shall notify the State Department of Education that the child will no longer attend school in the school district. The State Department of Education shall divert, to the Department of Corrections for the juvenile regimented inmate discipline program, the amount of the average daily attendance dollars allotted to the school district for that child.

SECTION 3. Section 37-19-45, Mississippi Code of 1972, is amended as follows:

37-19-45. (1) It shall be the duty of the State Department of Education to file with the State Treasurer and the State Fiscal Management Board such data and information as may be required to enable the * * * State Treasurer and State Fiscal Management Board to distribute the common school funds and minimum education program funds by electronic funds transfer to the several school districts at the time required and provided under the provisions of this chapter. The data and information so filed shall show in detail the amount of funds to which each school district is entitled from the common school fund and minimum education program fund. The data and information so filed may be revised from time to time as necessitated by law. At the time provided by law, the State Treasurer and the State Fiscal Management Board shall distribute to the several school districts the amounts to which they are entitled from the common school fund and the minimum education program fund as provided by this chapter. The distribution shall be made by electronic funds transfer to the depositories of the several school districts designated in writing to the State Treasurer based upon the data and information supplied by the State Department of Education for the distribution. In such instances, the State Treasurer shall submit a request for an electronic funds transfer to the State Fiscal Management Board, which shall set forth the purpose, amount and payees, and shall be in a form as may be approved by the State Fiscal Management Board so as to provide the necessary information as would be required for a requisition and issuance of a warrant. A copy of the record of the electronic funds transfers shall be transmitted by the school district depositories to the Treasurer, who shall file duplicates with the State Fiscal Management Board. The Treasurer and State Fiscal Management Board shall jointly promulgate regulations for the utilization of electronic funds transfers to school districts.

(2) When any child is adjudicated delinquent under Section 43-21-561, and is sentenced to the juvenile regimented inmate discipline program, the school district in which the child is enrolled shall notify the State Department of Education that the child will no longer attend school in the school district. The State Department of Education shall divert, to the Department of Corrections for the juvenile regimented inmate discipline program, the amount of the average daily attendance dollars allotted to the school district for that child.

SECTION 4. Section 43-21-605, Mississippi Code of 1972, is amended as follows:

43-21-605. (1) In delinquency cases, the disposition order may include any of the following alternatives or combination of the following alternatives, giving precedence in the following sequence:

(a) Release the child without further action;

(b) Place the child in the custody of the parents, a relative or other persons subject to any conditions and limitations, including restitution, as the youth court may prescribe;

(c) Place the child on probation subject to any reasonable and appropriate conditions and limitations, including restitution, as the youth court may prescribe;

(d) Order terms of treatment calculated to assist the child and the child's parents or guardian which are within the ability of the parent or guardian to perform;

(e) Order terms of supervision which may include participation in a constructive program of service or education or civil fines not in excess of Five Hundred Dollars ($500.00), or restitution not in excess of actual damages caused by the child to be paid out of his own assets or by performance of services acceptable to the victims and approved by the youth court and reasonably capable of performance within one (1) year;

(f) Suspend the child's driver's license by taking and keeping it in custody of the court for not more than one (1) year;

(g) Give legal custody of the child to any of the following:

(i) The Department of Human Services for appropriate placement; or

(ii) Any public or private organization, preferably community-based, able to assume the education, care and maintenance of the child, which has been found suitable by the court; or

(iii) The Department of Human Services for placement in a wilderness training program or a state-supported training school, except that no child under the age of ten (10) years shall be committed to a state training school. The training school may retain custody of the child until the child's twentieth birthday but for no longer. The superintendent of a state training school may parole a child at any time he may deem it in the best interest and welfare of the child. Twenty (20) days before the parole, the training school shall notify the committing court of the pending release. The youth court may then arrange subsequent placement after a reconvened disposition hearing except that the youth court may not recommit the child to the training school or any other secure facility without an adjudication of a new offense or probation or parole violation. Before assigning the custody of any child to any private institution or agency, the youth court through its designee shall first inspect the physical facilities to determine that they provide a reasonable standard of health and safety for the child. The youth court shall not place a child in the custody of a state training school for truancy, unless the child has been adjudicated to have committed an act of delinquency in addition to truancy; or

(iv) The Department of Corrections for placement in the juvenile regimented inmate discipline program except that no child under the age of ten (10) years shall be committed to the juvenile regimented inmate discipline program. The Commissioner of Corrections may parole a child at any time he may deem it in the best interest and welfare of the child. Twenty (20) days before the parole, the commissioner shall notify the committing court of the pending release. The youth court may then arrange subsequent placement after a reconvened disposition hearing except that the youth court may not recommit the child to the juvenile regimented inmate discipline program without an adjudication of a new offense or probation or parole violation. Before assigning the custody of any child to the Department of Corrections, the youth court through its designee shall first inspect the physical facilities to determine that they provide a reasonable standard of health and safety for the child. The youth court shall not place a child in the custody of the Department of Corrections for truancy, unless the child has been adjudicated to have committed an act of delinquency in addition to truancy;

(h) Recommend to the child and the child's parents or guardian that the child attend and participate in the Youth Challenge Program under the Mississippi National Guard, as created in Section 43-27-203, subject to the selection of the child for the program by the National Guard; however, the child must volunteer to participate in the program. The youth court may not order any child to apply or attend the program.

(2) In addition to any of the disposition alternatives authorized under subsection (1) of this section, the disposition order in any case in which the child is adjudicated delinquent for an offense under Section 63-11-30 shall include an order denying the driver's license and driving privileges of the child as required under subsection (8) of Section 63-11-30.

(3) Fines levied under this chapter shall be paid into the general fund of the county but, in those counties wherein the youth court is a branch of the municipal government, it shall be paid into the municipal treasury.

(4) Any institution or agency to which a child has been committed shall give to the youth court any information concerning the child as the youth court may at any time require.

(5) The youth court shall not place a child in another school district who has been expelled from a school district for the commission of a violent act. For the purpose of this subsection, "violent act" means any action which results in death or physical harm to another or an attempt to cause death or physical harm to another.

SECTION 5. This act shall take effect and be in force from and after July 1, 1997.