House Resolution 113

A RESOLUTION AUTHORIZING THE TRAINING SCHOOL SUBCOMMITTEE OF THE JUVENILE JUSTICE COMMITTEE TO STUDY AND ISSUE RECOMMENDATIONS ON THE FEASIBILITY OF REFORMING AND RESTRUCTURING THE MISSISSIPPI JUVENILE JUSTICE SYSTEM.

WHEREAS, the State of Mississippi has become increasingly concerned about the availability and quality of the resources available to the juvenile system for effectively dealing with child abuse and neglect, predelinquency behavior, juvenile delinquency and other matters affecting juvenile justice; and

WHEREAS, research indicates that child abuse and neglect are major contributors to dysfunctional child behavior and to juvenile delinquency, and that juvenile delinquency is a major contributor to adult crime; and

WHEREAS, research further indicates that our best hope for preventing child abuse and neglect, juvenile crime, and for reducing the rate of recidivism in juvenile delinquency, and later crime, is to employ a comprehensive strategy involving a range of prevention, assessment, early intervention and treatment services, as well as progressive sanctions; and

WHEREAS, research further indicates that Mississippi could invest in research-proven, cost-efficient programs that reduce juvenile crime and increase public safety while saving taxpayers millions, and such programs will reduce delinquency, divert delinquent youth from criminal careers, and reduce reliance on expensive residential treatment programs for delinquent youth; and

WHEREAS, research, nationally-accepted best practices and cost-benefit studies in other states, has shown that community-based, nonresidential programs are the most effective and cost-efficient means of rehabilitating delinquent youth in terms of positive outcomes for youth; and

WHEREAS, as our state law provides in Section 43-21-103, Mississippi Code of 1972, the overriding goals of the state's juvenile justice system are to ensure that "each child coming within the jurisdiction of the youth court shall become a responsible, accountable and productive citizen, and that each such child shall receive such care, guidance and control, preferably in such child's own home as is conducive toward that end and is in the state's and the child's best interest"; and

WHEREAS, the Mississippi Supreme Court has held that the primary purposes of the juvenile justice system are "the protection and care of children in trouble and the rehabilitation of those gone astray." Helmert v. Biffany, 842 So.2d 1287, 1291 (Miss. 2003); and

WHEREAS, the Office of Juvenile Justice and Delinquency Prevention has provided grants to the National Conference of State Legislatures and other national associations to study and implement a comprehensive strategy, thus indicating the timeliness of the need to reexamine the juvenile justice system; and

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, That the Training School Subcommittee of the Juvenile Justice Committee shall study and issue recommendations on the feasibility of reforming and restructuring the Mississippi juvenile system during the interim of the 2004 and 2005 Regular Legislative Sessions, and shall gather information on the juvenile justice system from available and specially commissioned research; testimony of youth and families received at public hearings; testimony of the Department of Youth Services staff and administration and any other relevant sources:

BE IT FURTHER RESOLVED, That the subcommittee shall issue findings and recommendations relating to the following:

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

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

(c) The quality of the secure care facilities, including detention centers, training schools and mental health facilities;

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

(e) The feasibility of establishing a uniform youth court for the state.

BE IT FURTHER RESOLVED, That copies of this resolution shall be furnished to the Capitol Press Corps.