House Bill 789

(As Passed the House)

AN ACT TO CREATE THE MISSISSIPPI JUVENILE JUSTICE TASK FORCE AND AD HOC JUVENILE JUSTICE ADVISORY BOARD TO STUDY AND MAKE RECOMMENDATIONS ON THE MISSISSIPPI JUVENILE JUSTICE SYSTEM; 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.

(2) The task force shall consist of the following members:

(a) The Governor or his designee;

(b) The Attorney General or his designee;

(d) The Chairman of the Senate Judiciary B Committee;

(e) The Commissioner of Corrections of the Mississippi Department of Corrections;

(f) The Executive Director of Human Services;

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

(h) The Executive Director of Mental Health;

(i) The State Superintendent of Education;

(j) The Commissioner of Public Safety;

(k) Three (3) youth court judges or referees appointed by the Mississippi Council on Youth Court Judges;

(l) The Chairman of Appropriations for the House of Representatives;

(m) The Chairman of Appropriations for the Senate;

(n) The Chairman of the Public Health Committee for the House of Representatives; and

(o) The Chairman of the Public Health Committee for the Senate.

(3) The Governor shall serve as chairman of the task force. At its first meeting, the task force shall elect a 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 September 1, 2004, the task force shall make a report of its work and recommendations, and 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 upon the completion of its report, but not later than September 1, 2004.

(8) This section shall stand repealed on July 1, 2005.

SECTION 2. (1) There is established the Ad Hoc Juvenile Justice Advisory Board, the duties 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 chairman of the task force shall sit as an ex officio member of the advisory board. The cochairs of the advisory board shall be the Chairman of the House of Representatives Juvenile Justice Committee and the Chairman of the Senate Judiciary B Committee.

(2) The advisory board shall consist of the following members:

(a) Five (5) members from the Mississippi Schoolhouse to Jailhouse Coalition;

(b) One (1) youth court counselor appointed by the Mississippi Council of Youth Courts;

(d) One (1) attorney experienced in defending youth court matters to be appointed by the Mississippi Council of Youth Courts;

(e) One (1) person from each of the congressional districts appointed by the Governor;

(f) One (1) representative from the Juvenile Detention Facilities Task Force;

(g) Five (5) members of the Senate to be named by the Lieutenant Governor to include the Chairman of the Senate Judiciary B Committee;

(h) Five (5) members of the House of Representatives to be named by the Speaker of the House to include the Chairman of the House of Representatives Juvenile Justice Committee;

(i) A community health expert who has studied children's mental health issues as they relate to detention, to be appointed by the cochairs of the advisory board; and

(j) An expert from the Center for Child and Family Studies at the University of Southern Mississippi, to be appointed by the cochairs of the advisory board.

(3) The advisory board shall make recommendations relating to the following:

(a) The manner in which youth are referred to the youth court system;

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

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

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

(4) At its first meeting, the advisory board shall adopt rules for transacting its business and keeping its records.

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

(6) The advisory board shall be dissolved upon the completion of its report, but not later than July 1, 2004.

(7) This section shall stand repealed on July 1, 2005.

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