House Bill 645

AN ACT TO CREATE THE JUVENILE JUSTICE MANDATORY COMMUNICATION ACT; TO PROVIDE A METHOD OF TRACKING JUVENILE OFFENDERS WHO ARE ENROLLED IN PRIMARY OR SECONDARY SCHOOLS; TO PROVIDE NOTIFICATION TO SCHOOLS; TO PROVIDE FOR CONFIDENTIALITY OF CERTAIN INFORMATION; TO PROVIDE PENALTIES FOR DISCLOSURE OF CONFIDENTIAL INFORMATION; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY, WITH THE COOPERATION OF THE DEPARTMENT OF HUMAN SERVICES AND THE YOUTH COURTS, TO TRACK JUVENILE OFFENDERS NOT ENROLLED IN SCHOOL; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known and maybe cited as the Juvenile Justice Mandatory Communication Act.

SECTION 2. (1) A law enforcement agency that arrests any child who the agency believes is enrolled as a student in a public primary or secondary school, for an offense listed in subsection (8), shall attempt to ascertain whether the person is so enrolled. If the law enforcement agency ascertains that the individual is enrolled as a student in a public primary or secondary school, the agency shall orally notify the superintendent or a person designated by the superintendent in the school district in which the student is enrolled of that arrest or referral with twenty-four (24) hours after the arrest or referral is made, or on the next school day. If the law enforcement agency cannot ascertain whether the individual is enrolled as a student, the agency shall orally notify the superintendent or a person designated by the superintendent in the school district in which the student is believed to be enrolled of that arrest or detention within twenty-four (24) hours after the arrest or detention, or on the next school day. If the individual is a student, the superintendent shall promptly notify all instructional and support personnel who have responsibility for supervision of the student. All personnel shall keep the information received in this subsection confidential. The State Board of Education may revoke or suspend the certification of personnel who intentionally violate this subsection. Within seven (7) days after the date the oral notice is given, the law enforcement agency shall mail written notification, marked "PERSONAL AND CONFIDENTIAL" on the mailing envelope, to the superintendent or the person designated by the superintendent. Both the oral and written notice shall contain sufficient details of the arrest or referral and the acts allegedly committed by the student to enable the superintendent or the superintendent's designee to determine whether there is a reasonable belief that the student has engaged in conduct defined as a felony offense. The information contained in the notice may be considered by the superintendent or the superintendent's designee in making such a determination.

(2) On conviction or on an adjudication of delinquency of an individual enrolled as a student in a public primary or secondary school, for an offense or for any conduct listed in subsection (8) of this section, the office of the prosecuting attorney acting in the case shall orally notify the superintendent or a person designated by the superintendent in the school district in which the student is enrolled of the conviction or adjudication. Oral notification must be given within twenty-four (24) hours of the time of the determination of guilt, or on the next school day. The superintendent shall promptly notify all instructional and support personnel who have regular contact with the student. Within seven (7) days after the date the oral notice is given, the Office of the Prosecuting Attorney shall mail written notice, which must contain a statement of the offense of which the individual is convicted or on which the adjudication is grounded.

(3) A parole or probation office having jurisdiction over a student described by subsection (1), (2) or (5) who transfers from a school or is subsequently removed from a school and later returned to a school or school district other than the one the student was enrolled in when the arrest, referral to a youth court, conviction or adjudication occurred shall notify the new school officials of the arrest or referral in a manner similar to that provided for by subsection (1)(a) or (5)(a), or of the conviction or delinquent adjudication in a manner similar to that provided for by subsection (2) or (5)(b). The new school officials shall promptly notify all instructional and support personnel who have regular contact with the student.

(4) The superintendent or a person designated by the superintendent in the school district may send to a school district employee having direct supervisory responsibility over the student the information contained in the confidential notice if the superintendent or the person designated by the superintendent determines that the school district employee needs the information for educational purposes or for the protection of the person informed or others.

(5) (a) A law enforcement agency that arrests, or refers to a youth court, an individual who the law enforcement agency knows or believes is enrolled as a student in a private primary or secondary school shall make the oral and written notifications described by subsection (1) to the principal or a school employee designated by the principal of the school in which the student is enrolled.

(b) On conviction or an adjudication of delinquency of an individual enrolled as a student in a private primary or secondary school, the office of prosecuting attorney shall make the oral and written notifications described by subsection (2) of this section to the principal or a school employee designated by the principal of the school in which the student is enrolled.

(c) The principal of a private school in which the student is enrolled or a school employee designated by the principal may send to a school employee having direct supervisory responsibility over the student the information contained in the confidential notice, for the same purposes as described by subsection (4) of this section.

(6) A person who receives information under this section may not disclose the information except as specifically authorized by this section. A person who intentionally violates this section commits a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail for not more than six (6) months, or both.

(7) The office of the district attorney or the office or official designated by the youth court shall, within two (2) working days, notify the school district that removed a student to an alternative school, if:

(a) Prosecution of the student's case was refused for lack of prosecutorial merit or insufficient evidence and no formal proceedings, deferred adjudication or deferred prosecution with the initiated; or

(b) The court or jury found the student not guilty or made a finding that the child did not engage in delinquent conduct or conduct indicating a need for supervision and the case was dismissed with prejudice.

(8) This section applies to any felony offense and the following misdemeanors:

(a) The unlawful use, sale or possession of a controlled substance, drug paraphernalia or marihuana; or

(b) The unlawful possession of any weapon.

SECTION 3. The Department of Public Safety, with the cooperation of the Department of Human Services and the youth courts of this state, shall compile and regularly update a list of all juvenile offenders not identified under Section 1 of this act. The Department of Public Safety shall utilize the same criteria provided in Section 1 of this act for purposes of identifying juvenile offenders. The information compiled by Sections 1 and 2 of this act shall be available to every law enforcement agency of the state, except that unauthorized disclosure of such information shall be a misdemeanor and violation shall be punished as provided in subsection (6) of Section 2 of this act.

SECTION 4. This act shall take effect and be in force from and after July 1, 2003.