House Bill 1366

AN ACT TO AMEND SECTION 2, CHAPTER 602, LAWS OF 2002, WHICH CREATES A JUVENILE DETENTION FACILITIES TASK FORCE AND ESTABLISHES ITS DUTIES, TO REESTABLISH THE TASK FORCE AND PROVIDE IT WITH ADDITIONAL DUTIES RELATING TO THE IMPLEMENTATION OF THE UNIFORM STANDARDS THAT HAVE BEEN ESTABLISHED BY THE TASK FORCE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 2 of Chapter 603, Laws of 2002, is amended as follows:

Section 2. (1) There is established a Juvenile Detention Facilities Task Force, the duties of which shall be to develop uniform standards for juvenile detention facilities in the state. The uniform standards shall address the following areas, at a minimum:

(a) Operations of juvenile detention facilities;

(b) Programs and services provided by juvenile detention facilities; and

The task force shall utilize the Standards for Juvenile Detention Facilities, 3rd Edition, developed by the American Correctional Association in cooperation with the Commission on Accreditation for Corrections, as a guide for developing the uniform standards.

(2) The Juvenile Detention Facilities Task Force established by Section 2, Chapter 602, Laws of 2002, is reestablished on the effective date of House Bill No. , 2003 Regular Session. In addition to the duties described in subsection (1) of this section, the task force shall determine and recommend the following:

(a) A state agency to administer and enforce the uniform standards for juvenile detention facilities that have been established by the task force;

(b) Appropriate sanctions for noncompliance with the uniform standards to be imposed on juvenile detention facilities by the administering agency that is selected by the task force;

(c) The composition and duties of an advisory board that will advise the administering agency selected by the task force on matters relating to juvenile detention facilities;

(d) The role of local government in administering juvenile detention centers; and

(e) The amount of funding needed to staff and facilitate the administering agency described in paragraph (a) of this subsection in its duties relating to juvenile detention centers, together with the sources and methods of providing that funding.

(3) The task force shall consist of fifteen (15) members as follows:

(a) Two (2) administrators of juvenile detention centers, appointed by the Executive Director of the Division of Public Safety Planning of the Department of Public Safety;

(b) One (1) representative of the Office of Youth Services of the Department of Human Services;

(d) One (1) representative of the State Department of Health;

(e) One (1) representative of the Mississippi Association of Supervisors;

(f) One (1) representative of education, appointed by the State Superintendent of Public Education;

(g) One (1) county sheriff who is a representative of the Mississippi Sheriff's Association;

(h) One (1) representative of a youth advocacy organization or group, appointed by the Director of the Office of Youth Services of the Department of Human Services;

(i) One (1) youth court judge who is a representative of the Mississippi Council of Youth Court Judges;

(j) Two (2) members of the Juvenile Justice Committee of the Mississippi House of Representatives, appointed by the Speaker of the House;

(k) Two (2) members of the Juvenile Justice Committee of the Mississippi Senate, appointed by the Lieutenant Governor; and

(l) One (1) attorney who has experience in youth court matters, appointed by the Executive Director of the Division of Public Safety Planning of the Department of Public Safety.

(4) At its first meeting, the task force shall elect a chairman and vice chairman from its membership, and shall adopt rules for transacting its business and keeping records. If sufficient funds are available to the task force for that purpose, members of the task force may receive a per diem in the amount provided in Section 25-3-69 for each day engaged in the business of the task force, and members of the task force other than the legislative members may receive reimbursement for travel expenses incurred while engaged in official business of the task force in accordance with Section 25-3-41.

(5) Before November 1, 2003, the task force shall make a report of its work and recommendations, and it shall submit a copy of the report to the Legislature and the Governor.

(6) The task force shall be assigned to the Division of Public Safety Planning of the Department of Public Safety for administrative purposes only, and the Division of Public Safety Planning shall designate staff to assist the task force. The task force may solicit grants, donations and other funds, and may accept and expend any funds that are made available to the task force to carry out its purpose. However, no state general funds may be used to pay any expenses of the task force.

(7) All agencies, departments, offices and institutions of the state, including the state universities and the community and junior colleges, shall cooperate with the task force with such assistance as requested by the task force.

(8) After the presentation of its report to the Legislature and the Governor, the task force shall be dissolved.

SECTION 3. This act shall take effect and be in force from and after its passage.