House Bill 1542

(As Passed the House)

AN ACT TO AMEND SECTION 43-21-153, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT YOUTH WHO ARE FOUND TO BE IN CONTEMPT OF A YOUTH COURT ORDER MAY BE HELD IN SECURE DETENTION AT A NONADULT FACILITY FOR A PERIOD NOT TO EXCEED 90 DAYS; TO AMEND SECTION 43-21-301, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 43-21-153, Mississippi Code of 1972, is amended as follows:

43-21-153. (1) The youth court shall have full power and authority to issue all writs and processes including injunctions necessary to the exercise of jurisdiction and to carrying out the purpose of this chapter.

(2) Notwithstanding subsection 43-21-301(6)(a), any person who wilfully violates, neglects or refuses to obey, perform or comply with any order of the youth court shall be in contempt of court and punished by a fine not to exceed Five Hundred Dollars ($500.00) and/or may be held in a secure nonadult facility for a period not to exceed ninety (90) days * * *.

SECTION 2. Section 43-21-301, Mississippi Code of 1972, is amended as follows:

43-21-301. (1) No court other than the youth court shall issue an arrest warrant or custody order for a child in a matter in which the youth court has exclusive original jurisdiction but shall refer the matter to the youth court.

(2) Except as otherwise provided, no child in a matter in which the youth court has exclusive original jurisdiction shall be taken into custody by a law enforcement officer, the Department of Human Services, or any other person unless the judge or his designee has issued a custody order to take the child into custody.

(3) The judge or his designee may issue an order to a law enforcement officer, the Department of Human Services, or any suitable person to take a child into custody for a period not longer than forty-eight (48) hours, excluding Saturdays, Sundays, and statutory state holidays if it appears that there is probable cause to believe that:

(a) The child is within the jurisdiction of the court; and

(b) Custody is necessary; custody shall be deemed necessary:

(i) When a child is endangered or any person would be endangered by the child; or

(ii) To insure the child's attendance in court at such time as required; or

(iii) When a parent, guardian or custodian is not available to provide for the care and supervision of the child; and

(4) The judge or his designee may order, orally or in writing, the immediate release of any child in the custody of any person or agency. Custody orders as provided by this chapter and authorizations of temporary custody may be written or oral, but, if oral, reduced to writing as soon as practicable. The written order shall:

(a) Specify the name and address of the child, or, if unknown, designate him by any name or description by which he can be identified with reasonable certainty;

(b) Specify the age of the child, or, if unknown, that he is believed to be of an age subject to the jurisdiction of the youth court;

(c) Except in cases where the child is alleged to be a delinquent child, state that there is probable cause to believe that (i) reasonable efforts have been made to maintain the child within his own home, but that the circumstances warrant his removal and there is no reasonable alternative to custody; or (ii) the circumstances are of such an emergency nature that no reasonable efforts have been made to maintain the child within his own home, and that there is no reasonable alternative to custody;

(d) State that the child shall be brought immediately before the youth court or be taken to a place designated by the order to be held pending review of the order;

(e) State the date issued and the youth court by which the order is issued; and

(f) Be signed by the judge or his designee with the title of his office.

(5) The taking of a child into custody shall not be considered an arrest except for evidentiary purposes.

(6) (a) Except as provided in Section 43-21-153 (2), no child who has been accused or adjudicated of any offense that would not be a crime if committed by an adult shall be placed in secure detention or in an adult jail or lockup. Further, no child who has been accused or adjudicated of an offense that would not be a crime if committed by an adult shall be held in a secure juvenile detention facility for a period in excess of twenty-four (24) hours, excluding Saturdays, Sundays and statutory state holidays, except that out-of-state runaways may be held pending return to their home state.

(b) No accused or adjudicated juvenile offender, except for an accused or adjudicated juvenile offender in cases where jurisdiction is waived to the adult criminal court, shall be detained or placed into custody of any adult jail or lockup for a period in excess of six (6) hours.

(c) If any county violates the provisions of paragraph (a) or (b) of this subsection, the state agency authorized to allocate federal funds received pursuant to the Juvenile Justice and Delinquency Prevention Act of 1974, 88 Stat. 2750 (codified in scattered sections of 5, 18, 42 USCS), shall withhold the county's share of such funds.

(d) Any county that does not have a facility in which to detain its juvenile offenders in compliance with the provisions of paragraphs (a) and (b) of this subsection may enter into a contractual agreement with any county or municipality that does have such a facility, or with the State of Mississippi, or with any private entity that maintains a juvenile correctional facility, or with the State of Mississippi, to detain or place into custody the juvenile offenders of the county not having such a facility.

(e) Notwithstanding the provisions of paragraphs (a), (b), (c) and (d) of this subsection, all counties shall be allowed a one-year grace period from March 27, 1993, to comply with the provisions of this subsection.

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