House Bill 1222

AN ACT TO CREATE THE JUVENILE DETENTION FACILITIES MONITORING UNIT TO INSPECT ALL JUVENILE DETENTION FACILITIES ON A QUARTERLY BASIS AND TO ENSURE THAT THE FACILITIES ARE IN COMPLIANCE WITH THE MINIMUM STANDARDS OF OPERATION; TO CREATE THE JUVENILE DETENTION FACILITIES ADVISORY BOARD TO SERVE AS A PERMANENT ADVISORY AND OVERSIGHT ENTITY TO THE JUVENILE FACILITIES MONITORING UNIT AND TO PROVIDE ITS MEMBERSHIP AND ITS DUTIES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) There is established the Juvenile Detention Facilities Monitoring Unit within the Mississippi Department of Public Safety under the Division of Public Safety Planning's Office of Justice Programs. The unit shall inspect all juvenile detention facilities on a quarterly basis. The inspections shall encompass the following:

(a) Ensuring and certifying that the juvenile detention facilities are in compliance with the minimum standards of operation, as established in Section 43-21-321;

(b) Providing technical assistance and advice to juvenile detention facilities, which will assist the facilities in complying with the minimum standards.

(2) Additional duties of the monitoring unit are as follows:

(a) To develop specific sanctions in conjunction with and for the approval of the Juvenile Detention Facilities Advisory Board, as created in Section 2 of this act;

(b) To conduct an assessment of all juvenile detention facilities and to determine how far each is from coming into compliance with the minimum standards, as established in Section 43-21-321; and

(c) To develop a strategic plan and a time line for each juvenile detention facility to come into compliance with the minimum standards.

SECTION 2. (1) There is established the Juvenile Detention Facilities Advisory Board, which will serve as a permanent advisory and oversight entity to the Juvenile Facilities Detention Monitoring Unit, as created in Section 1 of this act.

(2) The advisory board shall consist of eighteen (18) members, each of whom shall serve for a four-year term, as follows:

(a) Two (2) representatives of juvenile detention facilities who are appointed by the Commissioner of the Department of Public Safety;

(b) One (1) representative of the Office of Youth Services of the Department of Human Services who is appointed by the Executive Director of the Department of Human Services;

(c) One (1) representative of the Division of Public Safety Planning of the Department of Public Safety who is not from the Office of Justice Programs, who is appointed by the Commissioner of Public Safety;

(d) One (1) representative of the State Department of Health who is appointed by the Executive Director of the State Department of Health;

(e) One (1) representative of the Mississippi Association of Supervisors who is appointed by the Director of the Mississippi Association of Supervisors;

(f) One (1) representative of the State Department of Education who has expertise in academic programs and services, who is appointed by the State Superintendent of Public Education;

(g) One (1) representative of the county sheriffs who is appointed by the President of the Mississippi Sheriff's Association;

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

(i) One (1) representative of the Mississippi Council of Youth Court Judges who is appointed by the President of the Mississippi Council of Youth Court Judges;

(j) One (1) representative of attorneys who has experience in youth court matters, who is appointed by the Attorney General;

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

(k) Two (2) members of the Judiciary B Committee of the Senate who are appointed by the Lieutenant Governor;

(l) Two (2) representatives of faith-based communities who are from different Supreme Court districts, who are appointed by the Governor; and

(m) One (1) representative from the Mississippi citizenry at large who is appointed by the Governor.

(3) The duties of the advisory board are as follows:

(a) To periodically review standards for the operation of juvenile detention facilities;

(b) To periodically review standards for the appropriate delivery of essential services and programs for youth housed at juvenile detention facilities;

(d) To review and provide advice to the monitoring unit, as created in Section 1 of this act, as the unit develops strategic plans for compliance, and to work in conjunction with the unit to develop specific sanctions for noncompliance of the minimum standards;

(e) To serve in an oversight capacity to the monitoring unit in ensuring that the unit moves toward improving juvenile detention facilities; and

(f) To continue to make further recommendations to improve or expand basic standards for juvenile detention facilities.

(3) At its first meeting, and every four (4) years thereafter, the advisory board shall elect a chairman and vice chairman from its membership, and shall adopt rules for transacting its business and keeping records. The advisory board may establish an attendance policy, and those members of the advisory board who are consistently absent shall be replaced.

(4) If sufficient funds are available to the advisory board for that purpose, members of the advisory board may receive a per diem in the amount provided in Section 25-3-69 for each day engaged in the business of the advisory board, and members of the advisory board other than the legislative members may receive reimbursement for travel expenses incurred while engaged in official business of the advisory board in accordance with Section 25-3-41.

SECTION 3. This act shall take effect and be in force from and after July 1, 2004.