MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Judiciary A; Appropriations

By: Representative Blackmon

House Bill 1574

AN ACT TO CREATE DRUG COURT DISTRICTS THROUGHOUT THE STATE; TO PROVIDE FOR JUDGES OF THE DRUG COURTS; TO PROVIDE FOR TERMS OF COURT; TO PROVIDE FOR THE JURISDICTION OF THE DRUG COURTS; TO BRING FORWARD SECTIONS 9-23-1, 9-23-3, 9-23-5, 9-23-7, 9-23-9, 9-23-11, 9-23-13, 9-23-15, 9-23-17, 9-23-19, 9-23-21 AND 9-23-23, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; TO AMEND SECTIONS 23-15-973, 23-15-975 AND 23-15-977, MISSISSIPPI CODE OF 1972, T0 PLACE THE DRUG COURT JUDGES IN THE NONPARTISAN JUDICIAL ELECTION ACT; TO PROVIDE FILING FEES FOR CANDIDATES FOR THE POSITION OF DRUG COURT JUDGE; TO AMEND SECTION 25-3-35, MISSISSIPPI CODE OF 1972, TO PROVIDE A SALARY FOR DRUG COURT JUDGES; AND FOR RELATED PURPOSES.

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

SECTION 1. A judge shall be elected for and from each of the drug court districts as provided in this act and the listing of individual precincts shall be those precincts as they existed on October 1, 2000. He shall hold court in any other district with the consent of the judge thereof when in their opinion the public interest may be thereby promoted. The election of all judges shall be conducted at the regular election for chancery and circuit court judges after their election and their terms of office shall continue for four (4) years. A judge shall be a resident of the district in which he serves.

SECTION 2. (1) The state shall be divided into an appropriate number of drug court districts, severally numbered and comprised of the counties as set forth in the sections which follow. A court to be styled "The Drug Court of the County of ______" shall be held in each county. The dates upon which terms shall commence and the number of days for which terms shall continue in drug court districts shall be set by order of the judge in accordance with the provisions of subsection (2) of this section. A matter in court may extend past such terms if the interest of justice so requires.

(2) An order establishing the commencement and continuation of terms of court for each of the counties within a drug court district consisting of shall be entered annually and not later than October 1 of the year immediately preceding the calendar year for which such terms of court are to become effective. Notice of the dates upon which the terms of court shall commence and the number of days for which such terms shall continue in each of the counties within a drug court district shall be posted in the office of the circuit clerk of each county within the district and mailed to the office of the Secretary of State for publication and distribution to all members of the Mississippi Bar. In the event that an order is not timely entered as herein provided, the terms of court for each of the counties within any such drug court district shall remain unchanged for the next calendar year.

(3) The number of judges for each drug court district shall be determined by the Legislature based upon the following criteria:

(a) The population of the district;

(b) The number of cases filed in the district;

(d) The geographic area of the district;

(e) An analysis of the needs of the district by the court personnel of the district; and

(f) Any other appropriate criteria.

(4) The Judicial College of the University of Mississippi Law Center and the Administrative Office of Courts shall determine the appropriate:

(a) Specific data to be collected as a basis for applying the above criteria;

(b) Method of collecting and maintaining the specified data; and

(5) In a district having more than one (1) judge, there shall be no distinction whatsoever in the powers, duties and emoluments of those offices except that the judge who has been for the longest time continuously a judge of that court or, should no judge have served longer in office than the others, the judge who has been for the longest time a member of the Mississippi Bar, shall be the senior chancellor. The senior judge shall have the right to assign causes and dockets and to set terms.

SECTION 3. The First Drug Court District shall be comprised of the following counties:

(a) Bolivar County;

(b) Coahoma County;

(d) Panola County;

(e) Quitman County;

(f) Tallahatchie County;

(g) Tate County;

(h) Tunica County; and

(i) Yalobusha County.

SECTION 4. The Second Drug Court District shall be comprised of the following counties:

(a) Alcorn County;

(b) Benton County;

(d) Chickasaw County;

(e) Itawamba County;

(f) Lafayette County;

(g) Lee County;

(h) Marshall County;

(i) Monroe County;

(j) Pontotoc County;

(k) Prentiss County;

(l) Tippah County;

(m) Tishomingo County; and

(n) Union County.

SECTION 5. The Third Drug Court District shall be comprised of the following counties:

(a) Humphreys County;

(b) Holmes County;

(d) Leflore County;

(e) Sharkey County;

(f) Sunflower County;

(g) Warren County;

(h) Washington County; and

(i) Yazoo County.

SECTION 6. The Fourth Drug Court District shall be comprised of the following counties:

(a) Attala County;

(b) Carroll County;

(d) Clay County;

(e) Grenada County;

(f) Lowndes County;

(g) Montgomery County;

(h) Noxubee County;

(i) Oktibbeha County;

(j) Webster County; and

(k) Winston County.

SECTION 7. The Fifth Drug Court District shall be comprised of the following counties:

(a) Hinds County;

(b) Madison County; and

SECTION 8. The Sixth Drug Court District shall be comprised of the following counties:

(a) Clarke County;

(b) Kemper County;

(d) Leake County;

(e) Neshoba County;

(f) Newton County;

(g) Scott County; and

(h) Wayne County.

SECTION 9. The Seventh Drug Court District shall be comprised of the following counties:

(a) Adams County;

(b) Amite County;

(d) Copiah County;

(e) Franklin County;

(f) Jefferson County;

(g) Lincoln County;

(h) Pike County;

(i) Walthall County; and

(j) Wilkinson County.

SECTION 10. The Eighth Drug Court District shall be comprised of the following counties:

(a) Covington County;

(b) Forrest County;

(d) Jefferson Davis County;

(e) Jones County;

(f) Lamar County;

(g) Lawrence County;

(h) Marion County;

(i) Pearl River County;

(j) Perry County;

(k) Simpson County; and

(l) Smith County.

SECTION 11. The Ninth Drug Court District shall be comprised of the following counties:

(a) George County;

(b) Green County;

(d) Harrison County;

(e) Jackson County; and

(f) Stone County.

SECTION 12. The drug courts shall hear cases involving controlled substances and alcohol laws violations and shall enforce the provisions of the Alyce Griffin Clarke Drug Court Act (Section 9-23-1, et seq.)

SECTION 13. Section 9-23-1, Mississippi Code of 1972, is brought forward as follows:

9-23-1. This chapter shall be known and may be cited as the "Alyce Griffin Clarke Drug Court Act."

SECTION 14. Section 9-23-3, Mississippi Code of 1972, is brought forward as follows:

9-23-3. (1) The Legislature of Mississippi recognizes the critical need for judicial intervention to reduce the incidence of alcohol and drug use, alcohol and drug addiction, and crimes committed as a result of alcohol and drug use and alcohol and drug addiction. It is the intent of the Legislature to facilitate local drug court alternative orders adaptable to chancery, circuit, county, youth, municipal and justice courts.

(2) The goals of the drug courts under this chapter include the following:

(a) To reduce alcoholism and other drug dependencies among adult and juvenile offenders and defendants and among respondents in juvenile petitions for abuse, neglect or both;

(b) To reduce criminal and delinquent recidivism and the incidence of child abuse and neglect;

(d) To increase personal, familial and societal accountability of adult and juvenile offenders and defendants and respondents in juvenile petitions for abuse, neglect or both; and

(e) To promote effective interaction and use of resources among criminal and juvenile justice personnel, child protective services personnel and community agencies.

SECTION 15. Section 9-23-5, Mississippi Code of 1972, is brought forward as follows:

9-23-5. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:

(a) "Drug court" means an immediate and highly structured intervention process for substance abuse treatment of eligible defendants or juveniles that:

(i) Brings together substance abuse professionals, local social programs and intensive judicial monitoring; and

(ii) Follows the key components of drug courts published by the Drug Court Program Office of the United States Department of Justice.

(b) "Chemical tests" means the analysis of an individual's: (i) blood, (ii) breath, (iii) hair, (iv) sweat, (v) saliva, (vi) urine; or (vii) other bodily substance to determine the presence of alcohol or a controlled substance.

SECTION 16. Section 9-23-7, Mississippi Code of 1972, is brought forward as follows:

9-23-7. The Administrative Office of Courts shall be responsible for certification and monitoring of local drug courts according to standards promulgated by the State Drug Courts Advisory Committee.

SECTION 17. Section 9-23-9, Mississippi Code of 1972, is brought forward as follows:

9-23-9. (1) The State Drug Courts Advisory Committee is established to develop and periodically update proposed statewide evaluation plans and models for monitoring all critical aspects of drug courts. The committee must provide the proposed evaluation plans to the Chief Justice and the Administrative Office of Courts. The committee shall be chaired by the Director of the Administrative Office of Courts and shall consist of not less than seven (7) members nor more than eleven (11) members appointed by the Supreme Court and broadly representative of the courts, law enforcement, corrections, juvenile justice, child protective services and substance abuse treatment communities.

(2) The State Drug Courts Advisory Committee may also make recommendations to the Chief Justice, the Director of the Administrative Office of Courts and state officials concerning improvements to drug court policies and procedures. The committee may make suggestions as to the criteria for eligibility, and other procedural and substantive guidelines for drug court operation.

(3) The State Drug Courts Advisory Committee shall act as arbiter of disputes arising out of the operation of drug courts established under this chapter and make recommendations to improve the drug courts; it shall also make recommendations to the Supreme Court necessary and incident to compliance with established rules.

SECTION 18. Section 9-23-11, Mississippi Code of 1972, is brought forward as follows:

9-23-11. (1) A drug court may establish an alcohol and drug intervention component provided all the following requirements are met:

(a) The drug court established by the court is certified by the Administrative Office of Courts;

(b) The court that established the drug court determines that in order to fully implement the purposes of the drug court that the drug and alcohol intervention component is necessary; and

(i) A full description of a proposed intervention component.

(ii) A budget supported by statistics.

(iii) Details on the implementation of the intervention component.

(2) Each individual drug court judge may establish rules and may make special orders and rules as necessary that do not conflict with rules promulgated by the Supreme Court.

(3) A drug court may appoint such full- or part-time employees it deems necessary for the work of the drug court and shall fix the compensation of those employees. Such employees shall serve at the will and pleasure of the judge or the judge's designee.

(4) Drug court employees or contractors shall perform duties the court assigns.

(5) A drug court established under this chapter is subject to the regulatory powers of the Administrative Office of Courts as set forth in Section 9-23-15.

(6) Each individual drug court is responsible for the administration of the drug and alcohol intervention component of that court.

(7) (a) The costs of participation in an alcohol and drug services component required by the drug court established by this chapter may be paid by the participant or out of user fees or such other state, federal or private funds that may, from time to time, be made available.

(b) The court may assess such reasonable fees for participation and may impose sanctions that it deems appropriate.

SECTION 19. Section 9-23-13, Mississippi Code of 1972, is brought forward as follows:

9-23-13. (1) A drug court's alcohol and drug intervention component may provide for eligible individuals a range of necessary court intervention services, including, but not limited to, the following:

(a) Screening for eligibility and other appropriate services;

(b) Clinical assessment;

(d) Referral;

(e) Service coordination and case management; and

(f) Counseling and rehabilitative care.

(2) Any inpatient treatment or inpatient detoxification program ordered by the court shall be certified by the Department of Mental Health, other appropriate state agency or the equivalent agency of another state.

SECTION 20. Section 9-23-15, Mississippi Code of 1972, is brought forward as follows:

9-23-15. (1) In order to be eligible for alternative sentencing through a local drug court, the participant must satisfy each of the following criteria:

(a) The participant cannot have any felony convictions for any offenses which are crimes of violence.

(b) The crime before the court cannot be a crime of violence.

(d) The participant cannot have been currently charged with burglary of an occupied dwelling.

(e) The crime before the court cannot be a charge of driving under the influence of alcohol or any other drug or drugs that resulted in the death of a person.

(f) The crime charged cannot be one of distribution, sale, possession with intent to distribute, production, manufacture or cultivation of controlled substances, nor can the participant have a prior conviction for same.

(2) Participation in the services of an alcohol and drug intervention component shall be open only to the individuals over whom the court has jurisdiction, except that the court may agree to provide the services for individuals referred from another drug court. In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.

(3) (a) As a condition of participation in a drug court, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the drug court. A participant is liable for the costs of all chemical tests required under this section, regardless of whether the costs are paid to the drug court or the laboratory; provided, however, if testing is available from other sources or the program itself, the judge may waive any fees for testing.

(b) A laboratory that performs a chemical test under this section shall report the results of the test to the drug court.

(4) A person does not have a right to participate in drug court under this chapter.

SECTION 21. Section 9-23-17, Mississippi Code of 1972, is brought forward as follows:

9-23-17. With regard to any drug court established under this chapter, the Administrative Office of Courts may do the following:

(a) Ensure that the structure of the intervention component complies with rules adopted under this section and applicable federal regulations.

(b) Revoke the authorization of a program upon a determination that the program does not comply with rules adopted under this section and applicable federal regulations.

(i) Another department, authority or agency of the state;

(ii) Another state;

(iii) The federal government;

(iv) A state-supported or private university; or

(v) A public or private agency, foundation, corporation or individual.

(d) Directly, or by contract, approve and certify any intervention component established under this chapter.

(e) Require, as a condition of operation, that each drug court created or funded under this chapter be certified by the Administrative Office of Courts.

(f) Adopt rules to implement this chapter.

SECTION 22. Section 9-23-19, Mississippi Code of 1972, is brought forward as follows:

9-23-19. (1) All monies received from any source by the drug court shall be accumulated in a fund to be used only for drug court purposes. Any funds remaining in this fund at the end of a fiscal year shall not lapse into any general fund, but shall be retained in the drug court fund for the funding of further activities by the drug court.

(2) A drug court may apply for and receive the following:

(a) Gifts, bequests and donations from private sources.

(b) Grant and contract money from governmental sources.

SECTION 23. Section 9-23-21, Mississippi Code of 1972, is brought forward as follows:

9-23-21. The director and members of the professional and administrative staff of the drug court who perform duties in good faith under this chapter are immune from civil liability for:

(a) Acts or omissions in providing services under this chapter; and

(b) The reasonable exercise of discretion in determining eligibility to participate in the drug court.

SECTION 24. Section 9-23-23, Mississippi Code of 1972, is brought forward as follows:

9-23-23. If the participant completes all requirements imposed upon him by the drug court, including the payment of fines and fees assessed, the charge and prosecution shall be dismissed. If the defendant or participant was sentenced at the time of entry of plea of guilty, the successful completion of the drug court order and other requirements of probation or suspension of sentence will result in the record of the criminal conviction or adjudication being expunged. However, no expunction of any implied consent violation shall be allowed.

SECTION 25. Section 23-15-973, Mississippi Code of 1972, is amended as follows:

23-15-973. It shall be the duty of the judges of the circuit court to give a reasonable time and opportunity to the candidates for the office of judge of the Supreme Court, judges of the Court of Appeals, circuit judge, drug court judge and chancellor to address the people during court terms. In order to give further and every possible emphasis to the fact that the said judicial offices are not political but are to be held without favor and with absolute impartiality as to all persons, and because of the jurisdiction conferred upon the courts by this chapter, the judges thereof should be as far removed as possible from any political affiliations or obligations. It shall be unlawful for any candidate for any of the offices mentioned in this section to align himself with any candidate or candidates for any other office or with any political faction or any political party at any time during any primary or general election campaign. Likewise it shall be unlawful for any candidate for any other office nominated or to be nominated at any primary election, wherein any candidate for any of the judicial offices in this section mentioned, is or are to be nominated, to align himself with any one or more of the candidates for said offices or to take any part whatever in any nomination for any one or more of said judicial offices, except to cast his individual vote. Any candidate for any office, whether nominated with or without opposition, at any primary wherein a candidate for any one of the judicial offices herein mentioned is to be nominated who shall deliberately, knowingly and willfully violate the provisions of this section shall forfeit his nomination, or if elected at the following general election by virtue of said nomination, his election shall be void.

SECTION 26. Section 23-15-975, Mississippi Code of 1972, is amended as follows:

As used in Sections 23-15-974 through 23-15-985 of this subarticle, the term "judicial office" includes the office of justice of the Supreme Court, judge of the Court of Appeals, circuit judge, chancellor, county court judge, drug court judge and family court judge. All such justices and judges shall be full-time positions and such justices and judges shall not engage in the practice of law before any court, administrative agency or other judicial or quasi-judicial forum except as provided by law for finalizing pending cases after election to judicial office.

SECTION 27. Section 23-15-977, Mississippi Code of 1972, is amended as follows:

23-15-977. (1) All candidates for judicial office as defined in Section 23-15-975 of this subarticle shall file their intent to be a candidate with the proper officials not later than 5:00 p.m. on the first Friday after the first Monday in May prior to the general election for judicial office and shall pay to the proper officials the following amounts:

(a) Candidates for Supreme Court judge and Court of Appeals, the sum of Two Hundred Dollars ($200.00).

(b) Candidates for circuit judge, chancellor and drug court judge, the sum of One Hundred Dollars ($100.00).

(2) Candidates for judicial offices listed in paragraphs (a) and (b) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the State Board of Election Commissioners.

(3) Candidates for judicial offices listed in paragraph (c) of subsection (1) of this section shall file their intent to be a candidate with, and pay the proper assessment made pursuant to subsection (1) of this section to, the circuit clerk of the proper county. The circuit clerk shall notify the county commissioners of election of all persons who have filed their intent to be a candidate filed with, and paid the proper assessment to, such clerk. Such notification shall occur within two (2) business days and shall contain all necessary information.

SECTION 28. Section 25-3-35, Mississippi Code of 1972, is amended as follows:

* * *

25-3-35. (1) The annual salaries of the following judges are fixed as follows, to begin at the commencement of the next term of office immediately succeeding the existing term:

Chief Justice of the Supreme Court............. $115,390.00

Presiding Justice of the Supreme Court......... 113,190.00

Associate Justices of the Supreme Court, each.. 112,530.00

However, in addition to their present official duties, there are imposed upon the Supreme Court justices the extra duties of making a special study of existing laws and reporting to each regular session of the Legislature such constructive suggestions as they may deem necessary for the improvement of the administration of justice, and of identifying and directing the State Librarian to apply for grants and donations from any public or private source for the purpose of enhancing the holdings of the state law library, and of advising and counseling with the State Librarian in the selection of law books for purchase and use in the State Law Library, advising with the librarian thereof upon the removal from the library of any books which may be the least frequently used, and for the placing of same in a convenient location so as to provide additional space for such books and other current publications which may be more frequently used or called for. For such extra services each justice, from and after January 1, 2004, shall receive a sum sufficient when added to the present salaries of the justices to aggregate One Hundred Fifteen Thousand Three Hundred Ninety Dollars ($115,390.00) for the Chief Justice, One Hundred Thirteen Thousand One Hundred Ninety Dollars ($113,190.00) for the presiding justice, and One Hundred Twelve Thousand Five Hundred Thirty Dollars ($112,530.00) for associate justices, per annum. As each existing term expires and the above-captioned salaries become effective in due course, the extra duties and compensation provided for shall cease.

The fixed salaries as specified in this subsection (1) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.

(2) The annual salaries of the judges of the Court of Appeals of Mississippi are fixed as follows, to begin at the commencement of the next term of office immediately succeeding the existing term:

Chief Judge of the Court of Appeals............ $108,130.00

Associate Judges of the Court of Appeals, each. 105,050.00

However, in addition to their present official duties, there are imposed upon the judges of the Court of Appeals the extra duties of making a special study of existing laws and reporting to the Supreme Court of the State of Mississippi such constructive suggestions as they may deem necessary for the improvement of the administration of justice, and assisting in advising and counseling with the State Librarian in the selection of law books for purchase and use in the State Law Library, assisting in advising with the librarian thereof upon the removal from the library of any books which may be the least frequently used, and for the placing of same in a convenient location so as to provide additional space for such books and other current publications which may be more frequently used or called for. For such extra services each judge, from and after January 1, 2004, shall receive a sum sufficient when added to the present salaries of the judges to aggregate One Hundred Eight Thousand One Hundred Thirty Dollars ($108,130.00) for the Chief Judge and One Hundred Five Thousand Fifty Dollars ($105,050.00) for associate judges, per annum. As each existing term expires and the above-captioned salaries become effective in due course, the extra duties and compensation provided for shall cease.

The fixed salaries as specified in this subsection (2) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.

(3) The annual salaries of the chancery and circuit court judges are fixed as follows, to begin at the commencement of the next term of office immediately succeeding the existing term:

Chancery Judges, each.......................... $104,170.00

Circuit Judges, each........................... 104,170.00

Drug Court Judges, each........................ 104,170.00

In addition to their present official duties, there are imposed upon the chancery drug and circuit court judges the extra duties of making a special study of existing laws relating to trial courts and reporting to the Supreme Court of the State of Mississippi such constructive suggestions as they may deem necessary for the improvement of the administration of justice, which shall be recommended to the Legislature by the Supreme Court in the manner provided by law. The judges shall advise and supervise in the purchase of law books for the libraries of each district, and shall study and evaluate the inventory of books and facilities now existing in the libraries of each district to effect the removal and relocation of obsolete publications so as to provide additional space for those books and current publications more frequently used. The judges shall seek and identify any grants and donations from any public or private source for the purpose of enhancing the holdings of the libraries of each district. The judges shall study the existing rules promulgated by the circuit and chancery court judicial associations governing the operation of chancery and circuit courts, and revise the same pursuant to existing laws. For such extra services each judge, from and after January 1, 2004, shall receive a sum sufficient when added to the present salaries of the judges to aggregate One Hundred Four Thousand One Hundred Seventy Dollars ($104,170.00) per annum for each judge. Upon the expiration of the existing term, the above-captioned salaries become effective in due course, and the extra duties and compensation provided for shall cease.

(4) The Supreme Court shall prepare a payroll for chancery judges and circuit judges and submit such payroll to the Department of Finance and Administration.

(5) The annual salary of the full-time district attorneys shall be Ninety-five Thousand Seven Hundred Ninety-six Dollars ($95,796.00).

(6) The annual salary of the full-time legal assistants shall be not less than Fifteen Thousand Dollars ($15,000.00) nor more than eighty percent (80%) of the salary of the district attorney for legal assistants who have been licensed to practice law for five (5) years or less; eighty-five percent (85%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least five (5) years but less than fifteen (15) years; and ninety percent (90%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least fifteen (15) years or more.

(7) This section shall stand repealed from and after January 1, 2007.

SECTION 29. The Attorney General of the State of Mississippi shall submit this act, immediately upon approval by the Governor, or upon approval by the Legislature subsequent to a veto, to the Attorney General of the United States or to the United States District Court for the District of Columbia in accordance with the provisions of the Voting Rights Act of 1965, as amended and extended.

SECTION 30. This act shall take effect and be in force from and after the date it is effectuated under Section 5 of the Voting Rights Act of 1965, as amended and extended.