House Bill 789

AN ACT TO CREATE THE MISSISSIPPI JUVENILE JUSTICE TASK FORCE AND AD HOC JUVENILE JUSTICE ADVISORY BOARD TO ASSIST IN REACHING A SETTLEMENT IN THE FEDERAL LAWSUIT FILED BY THE UNITED STATES AGAINST THE STATE OF MISSISSIPPI PERTAINING TO OAKLEY AND COLUMBIA TRAINING SCHOOLS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) There is established the Mississippi Juvenile Justice Task Force, the duties of which shall be to study and make recommendations on the Mississippi juvenile justice system in order to assist in reaching a settlement in the federal lawsuit of The United States of America v. The State of Mississippi, et al., CA 3:03-CV-1354BN, which alleges that the state deprived youth of their rights, privileges or immunities that are secured or protected by the Constitution and laws of the United States while housed at Oakley and Columbia Training Schools.

(2) The task force shall consist of twenty-two (22) members as follows:

(a) The Chairman of the House of Representatives Juvenile Justice Committee and the Chairman of the Senate Judiciary B Committee;

(b) The Chairman of the Appropriations Committees of the House of Representatives and Senate;

(d) The Governor or his designee;

(e) The Attorney General;

(f) The Executive Director of the Department of Human Services;

(g) The Executive Director of the Division of Medicaid;

(h) The Executive Director of the State Department of Health;

(i) The Executive Director of the Department of Mental Health;

(j) The Executive Director of the Department of Public Safety;

(k) The State Superintendent of Public Education;

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

(m) One (1) youth court counselor appointed by the Mississippi Council of Youth Court Judges;

(n) One (1) attorney experienced in prosecuting youth in youth court matters;

(o) One (1) attorney experienced in defending youth in youth court matters;

(p) One (1) representative from the Mississippi Schoolhouse to Jailhouse Coalition; and

(q) One (1) person from each congressional district who is appointed by the Governor.

(3) 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.

(4) The task force shall be assigned to the Office of Youth Services of the Department of Human Services for administrative purposes only, and the Office of Youth Services 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.

(5) Before December 31, 2004, 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) 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.

(7) The task force shall be dissolved one (1) year after a settlement has been reached in the suit of The United States of America v. The State of Mississippi, et al., CA 3:03-CV-1354BN, which pertains to Oakley and Columbia Training Schools.

SECTION 2. (1) There is established the Ad Hoc Juvenile Justice Advisory Board, the duties of which shall be to provide advice and counsel to the Mississippi Juvenile Justice Task Force on all matters relating to the mission of the task force. The Ad Hoc Juvenile Justice Advisory Board shall consist of representatives from the Mississippi Schoolhouse to Jailhouse Coalition, including, but not limited to, former training school students and their families and local and national juvenile justice experts.

(2) The Advisory Board shall examine and make recommendations relating to the following:

(a) The operating and capital needs of the youth courts;

(b) The sources and adequacy of funding for the youth courts;

(d) The quality of the secure care facilities, which include detention centers and training schools;

(e) The availability and quality of delinquency prevention, assessment, early intervention, representation, advocacy and treatment services for at-risk youth; and

(f) The alternatives to incarceration available to youth courts for delinquent youth who do not pose a threat to public safety.

(3) At its first meeting, the advisory board shall elect a chairman and vice chairman from its membership, and shall adopt rules for transacting its business and keeping its records.

(4) Before November 1, 2004, the advisory board shall make a report of its work and recommendations, and it shall submit a copy of the report to the Mississippi Juvenile Justice Task Force and the Governor.

(5) The advisory board shall be dissolved one (1) year after a settlement has been reached in the suit of The United States of America v. The State of Mississippi, et al., CA 3:03-CV-1354BN, which pertains to Oakley and Columbia Training Schools.

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