MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Juvenile Justice

By: Representative Warren

AN ACT TO AUTHORIZE THE ESTABLISHMENT OF THE OFFICE OF YOUTH COURT ADMINISTRATOR; TO PRESCRIBE THE DUTIES OF THE YOUTH COURT ADMINISTRATOR; TO AMEND SECTION 43-21-115, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE DUTIES OF THE YOUTH COURT INTAKE OFFICER; TO AMEND SECTIONS 43-21-119 AND 43-21-123, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT AND TO INCLUDE FUNDS APPROPRIATED FOR THE OPERATION OF THE YOUTH COURT IN THE CHANCERY BUDGET; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The youth court judge may, in his discretion, establish the office of youth court administrator by an order entered on the minutes of the court. In the discretion of the youth court judge, the position of youth court administrator may be a full-time or part-time position, and the youth court administrator may also serve as the youth court intake officer as established in Section 43-21-115. The youth court administrator shall be provided office space in the same manner as other county employees.

(2) It shall be the duty of the youth court administrator to:

(a) Perform all nonjudicial tasks of the youth court, other than those assigned to other youth court employees;

(b) Maintain all statistical reports, issue case numbers, and be responsible for the completion of the tracking forms;

(c) Serve as liaison with the media, the general public, law enforcement, attorneys, witnesses and all other interested parties;

(d) Provide general administrative support for the youth court judge and the youth court referee;

(e) Insure that all needed court files, evidence and witnesses are before the court as and when needed, and to personally appear at youth court hearings as directed by the court; and

(f) Perform other duties assigned by the youth court judge or youth court referee.

(3) The salary and other cost associated with the operation of the office of the youth court administrator shall be fixed on order of the judge as provided in Section 43-21-123 and shall be paid by the county or municipality, as the case may be, out of any available funds budgeted for the youth court or from any available state funds.

(4) For all travel required in the performance of official duties, the youth court administrator shall be paid mileage by the county at the same rate as provided for state employees in Section 25-3-41. The youth court administrator shall file a certificate of mileage expense incurred with the board of supervisors and payment of such expense shall be made out of any available funds budgeted for the youth court.

SECTION 2. Section 43-21-115, Mississippi Code of 1972, is amended as follows:

43-21-115. (1) In every youth court division the judge shall appoint as provided in Section 43-21-123 one or more persons to function as the intake unit for the youth court division. The youth court intake officer shall perform all duties specified by this chapter, including, but not limited to:

(a) Receiving complaints from all law enforcement agencies;

(b) Providing to the county attorney or youth court prosecutor all information needed and necessary for the preparation of pleadings and court filings;

(c) Delivering pleadings, filings and process to the clerk of the youth court for filing;

(d) Serving as an additional process server for all youth court proceedings;

(e) Making preliminary inquiries, obtaining needed personal information, and making recommendations to the youth court as to informal or formal adjudications; and

(f) Performing other duties assigned by the youth court judge or youth court referee. In the discretion of the youth court judge, the position of youth court intake officer may be a full-time or part-time position, and the youth court intake officer may also serve as the youth court administrator as established in Section 1 of this act. The youth court intake officer shall be provided office space in the same manner as other county employees. If the person serving as the youth court intake officer is not already a salaried public employee, the salary for such person shall be fixed on order of the judge as provided in Section 43-21-123 and shall be paid by the county or municipality, as the case may be, out of any available funds budgeted for the youth court by the board of supervisors.

(2) For all travel required in the performance of official duties, the youth court intake officer shall be paid mileage by the county at the same rate as provided for state employees in Section 25-3-41. The youth court intake officer shall file a certificate of mileage expense incurred with the board of supervisors and payment of such expense shall be made out of any available funds budgeted for the youth court.

SECTION 3. Section 43-21-119, Mississippi Code of 1972, is amended as follows:

43-21-119. The youth court judge or his designee shall appoint as provided in Section 43-21-123 sufficient personnel, responsible to and under the control of the youth court, to carry on the professional, clerical and other work of the youth court. The cost of these persons appointed by the youth court shall be paid as provided in Section 43-21-123 out of any available funds budgeted for the youth court by the board of supervisors.

SECTION 4. Section 43-21-123, Mississippi Code of 1972, is amended as follows:

43-21-123.  * * * (1) The board of supervisors, or the municipal governing board where there is a municipal youth court, shall adequately provide funds for the operation of the youth court division of the chancery court in conjunction with the regular chancery court budget, or the county or family courts where said courts are constituted. The budget shall include any funds specifically appropriated by the legislature for the operation of the youth court or for employment of staff. In preparation for said funding, on an annual basis at the time requested, the youth court judge or administrator shall prepare and submit to the board of supervisors, or the municipal governing board of the youth court wherever the youth court is a municipal court, an annual budget which will identify the number, staff position, title and amount of annual or monthly compensation of each position as well as provide for other expenditures necessary to the functioning and operation of the youth court. When the budget of the youth court or youth court judge is approved by the board of supervisors or the governing authority of the municipality, then the youth court or youth court judge may employ such persons as provided in the budget from time to time.

(2) The board of supervisors of any county in which there is located a youth court, and the governing authority of any municipality in which there is located a municipal youth court, are each authorized to reimburse the youth court judges and other youth court employees or personnel for reasonable travel and expenses incurred in the performance of their duties and in attending educational meetings offering professional training to such persons as budgeted.

SECTION 5. This act shall take effect and be in force from and after July 1, 1999.