MISSISSIPPI LEGISLATURE
2007 Regular Session
To: Juvenile Justice; Appropriations
By: Representative Flaggs
AN ACT TO CREATE THE DEPARTMENT OF JUVENILE JUSTICE AND THE BOARD OF THE DEPARTMENT OF JUVENILE JUSTICE, WHICH SHALL BE VESTED WITH THE EXCLUSIVE RESPONSIBILITY FOR MANAGEMENT AND CONTROL OF ALL JUVENILE CORRECTIONAL FACILITIES AUTHORIZED BY LAW; TO CHANGE THE NAME OF THE OAKLEY TRAINING SCHOOL TO THE JUVENILE JUSTICE CENTER AT HINDS, AND CHANGE THE NAME OF THE COLUMBIA TRAINING SCHOOL TO THE JUVENILE JUSTICE CENTER AT MARION; TO PROVIDE THAT THE DEPARTMENT SHALL BE HEADED BY AN EXECUTIVE DIRECTOR WHO SHALL BE APPOINTED BY THE BOARD OF JUVENILE JUSTICE; TO PROVIDE THAT ALL RECORDS, PROPERTY FUNDS, OTHER ASSETS AND PERSONNEL OF THE JUVENILE CORRECTIONAL FACILITIES UNDER THE JURISDICTION OF THE OFFICE OF YOUTH SERVICES OF THE DEPARTMENT OF HUMAN SERVICES SHALL BE TRANSFERRED TO THE DEPARTMENT OF JUVENILE JUSTICE; TO PROVIDE THAT THE JUVENILE JUSTICE CENTERS AT HINDS AND MARION SHALL HAVE A SPECIAL MASTER FOR HEARINGS REGARDING THE MENTAL STATUS OF YOUTH COMMITTED TO THE CENTERS; TO PROVIDE THAT THE MEDICAL SERVICES DEPARTMENTS AT THE JUVENILE JUSTICE CENTERS SHALL BE OPERATIONAL TWENTY-FOUR HOURS A DAY; TO CREATE THE MISSISSIPPI CHALLENGE PROGRAM FOR BOYS AND GIRLS, AND TO REQUIRE EACH CONGRESSIONAL DISTRICT TO ESTABLISH THE PROGRAMS BY A CERTAIN DATE; TO PROVIDE THAT EVERY COUNTY SHALL ESTABLISH A JUVENILE DRUG COURT BY A CERTAIN DATE; TO AMEND SECTIONS 31-11-3, 37-31-65, 37-113-21, 37-143-15, 43-27-201 AND 43-21-159, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 43-21-105, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT DESIGNEES BE SUBJECT TO THE CODE OF JUDICIAL CONDUCT; TO AMEND SECTION 43-21-321, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PERSONS PROVIDING CERTAIN SERVICE MUST BE TRAINED IN JUVENILE MATTERS; TO AMEND SECTION 43-21-605, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI CHALLENGE PROGRAM MAY BE USED AS A DISPOSITION ALTERNATIVE; TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE TO MAXIMIZE FEDERAL FUNDING FOR TANF; TO PROVIDE THAT BY JULY 1, 2008, THE JUVENILE JUSTICE CENTER AT MARION SHALL NO LONGER OPERATE AS A SECURE JUVENILE JUSTICE CENTER; TO AMEND SECTIONS 43-27-8 AND 43-27-20, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO AMEND SECTION 43-27-203, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI YOUTH CHALLENGE PROGRAM SHALL BE UNDER THE JURISDICTION OF THE DEPARTMENT OF JUVENILE JUSTICE; TO AMEND SECTIONS 47-5-151, 47-7-45, 65-1-37 AND 99-43-3, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO REPEAL SECTIONS 43-27-10, 43-27-11, 43-27-12, 43-27-22, 43-27-23, 43-27-25, 43-27-27, 43-27-29 AND 43-27-35, MISSISSIPPI CODE OF 1972, WHICH PROVIDE THAT THE DEPARTMENT OF HUMAN SERVICES HAS JURISDICTION OF THE JUVENILE CORRECTIONAL FACILITIES; TO PROVIDE THAT SECTIONS 1 THROUGH 12 OF THIS ACT SHALL STAND REPEALED ON JULY 1, 2012; TO AMEND SECTION 43-21-123, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR STATE AND COUNTY CONTRIBUTIONS TOWARD THE YOUTH COURT BUDGET; TO AUTHORIZE THE GOVERNOR TO EXECUTE THE COMPACT FOR JUVENILES; TO PRESCRIBE ITS PURPOSE AND TO DEFINE CERTAIN TERMS; TO CREATE THE INTERSTATE COMMISSION FOR JUVENILES FROM THE COMPACTING STATES AND TO PRESCRIBE ITS POWERS AND DUTIES; TO ESTABLISH THE ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION; TO PRESCRIBE THE RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION; TO PROVIDE THAT OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION BE DONE BY THE INTERSTATE COMMISSION; TO PROVIDE FOR THE FINANCING OF THE INTERSTATE COMMISSION; TO PROVIDE THAT EACH MEMBER STATE OF THE COMPACT SHALL CREATE A STATE COUNCIL FOR INTERSTATE JUVENILE SUPERVISION; TO PROVIDE FOR THE WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT PROCEDURES OF THE COMPACT; TO REPEAL SECTIONS 43-25-1 THROUGH 43-25-17, MISSISSIPPI CODE OF 1972, WHICH PROVIDE THE INTERSTATE COMPACT ON JUVENILES; TO AMEND SECTION 43-21-801, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE YOUTH COURT INCARCERATION ALTERNATIVES FUND SHALL BE APPROPRIATED THREE MILLION DOLLARS; TO AMEND SECTION 43-21-803, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE TONY GOBAR JUVENILE JUSTICE ALTERNATIVE SANCTION GRANT PROGRAM SHALL BE APPROPRIATED TWO MILLION DOLLARS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Legislature finds that:
(a) The children and families of the state are the most precious resource and require the state's highest priority and attention;
(b) A juvenile justice system that relies primarily on cost effective programs focused on the family environment, which help to reduce juvenile delinquency and increase public safety, is in the best interest of the children and families of this state;
(c) Juvenile rehabilitation should be a priority and meaningful rehabilitation is critical, and utilizing all the tools which range from early intervention treatment, alternative sanctions and residential, commitment, if necessary;
(d) It is the intent of the Legislature that the Department of Juvenile Justice shall seek funds from the federal government, private foundations and partner with universities and colleges to help ensure that at-risk youth of the state will receive quality services so that they can achieve their true potential.
SECTION 2. (1) There is created the Department of Juvenile Justice, which shall be supervised and directed by the State Board of Juvenile Justice. From and after July 1, 2007, the name of the Oakley Training School is changed to the Juvenile Justice Center at Hinds, and the name of the Columbia Training School is changed to the Juvenile Justice Center at Marion. All administrative changes shall be implemented by July 1, 2008. The Department of Juvenile Justice, which shall be headquartered at the Juvenile Justice Center at Hinds, shall have complete authority and shall provide the requisite supervision for the Juvenile Justice Center at Hinds and the Juvenile Justice Center at Marion.
(2) There is created the Board of the Department of Juvenile Justice, which shall be composed of nine (9) board members. It is the intent of the Legislature that the appointments to the board reflect the racial and sexual demographics of the entire state. The initial appointments to the Board of Juvenile Justice shall be for staggered terms as follows:
(a) Three (3) members who have expertise in education, juvenile justice and health care, and who are appointed by the Governor for a term to expire June 30, 2012;
(b) Two (2) members who have expertise in education and business/personnel management, and who are appointed by the Lieutenant Governor for a term to expire June 30, 2011;
(c) Two (2) members from the mental health profession, who are appointed by the Speaker of the House of Representatives for terms to expire June 30, 2010; and
(d) Two (2) members from the Office of the Attorney General, who are appointed by the Attorney General for a term to expire June 30, 2009.
In the event of a vacancy for the initial terms, the Governor, Lieutenant Governor and Speaker of the House of Representatives shall by appointment fill the unexpired initial terms.
(3) At the expiration of the original terms of the members appointed by the Governor, Lieutenant Governor, Speaker of the House of Representatives and the Attorney General, each successor member shall be appointed for a term of four (4) years by the Governor.
All meetings of the board shall be called by the chairman,
except the first meeting of the original board members, which
shall be called by the Governor.
(4) Each member of the board shall be a citizen of the
United States, and a resident of the State of Mississippi, and a
qualified elector therein, of integrity and sound and nonpartisan
judgment. Each member shall qualify by taking the oath of office
as prescribed by Section 28 of the Constitution and shall hold
office until his or her successor is appointed. The board shall
establish its principal office at Jackson, Mississippi, at which
the records of the board shall be kept.
(5) The members of the Board of the Department of Juvenile Justice shall be paid a per diem as authorized by Section 25-3-69 and shall be reimbursed for necessary and ordinary expenses and mileage incurred while performing their duties as members of the board, at the rate authorized by Section 25-3-41.
(6) The members of the board shall take an oath to perform faithfully the duties of their office. The oath shall be administered by a person qualified by law to administer oaths. Within thirty (30) days after taking the oath of office, the first board appointed under this section shall meet for an organizational meeting on call by the Governor. At such meeting and at an organizational meeting in January every odd-numbered year thereafter, the board shall elect from its members a chairman, vice chairman and secretary-treasurer to serve for terms of two (2) years. The board shall adopt rules for transacting its business and keeping records at its first meeting.
(7) The members of the board shall adopt rules and regulations not inconsistent with Sections 41-95-1 through 41-95-9, in compliance with the Mississippi Administrative Procedures Law, for the conduct of its business and the carrying out of its duties.
(8) The members of the board shall hold a monthly regular meeting, and additional meetings may be held upon the call of the chairperson or at the written request of any three (3) members. A majority of the board shall constitute a quorum, and three (3) affirmative votes shall be necessary for adoption or promulgation of any rule, regulation or order. Any member who shall not attend three (3) consecutive regular meetings of the board, for any reason other than illness of such member, shall be removed from office by the Governor. The chairperson of the board shall notify the Governor in writing when any member has failed to attend three (3) consecutive regular meetings.
(9) Where a question which has been presented or has arisen to be acted upon by the board directly affects the interest of a member or members of the board, such member or members shall recuse himself or themselves from action upon such question.
(10) The board shall adopt an official seal, and may sue and be sued.
(11) The members of the board are individually exempt from any civil liability as a result of any action taken by the board.
(12) The chief executive, administrative and fiscal officer of the department shall be the executive director of the Department of Juvenile Justice who shall possess the minimum qualifications prescribed for the position by the State Personnel Board. The Board of the Department of Juvenile Justice shall appoint the executive director, who shall serve a five-year term and who may be removed by the board for cause.
(13) The executive director shall receive an annual salary fixed by the board, not to exceed the maximum authorized by the State Personnel Board, in addition to all actual, necessary expenses incurred in the discharge of official duties, including mileage as authorized by law.
(14) The executive director shall be required, upon assuming the duties of his office, to execute a good and sufficient bond payable to the State of Mississippi in the sum of Two Hundred Fifty Thousand Dollars ($250,000.00), conditioned upon an accurate accounting for all monies and property coming into his hands. The executive director, upon approval by the board, may require of other officers, employees and agents of the department a good and sufficient bond in such sum as he may determine, subject to the minimum requirements set forth in this subsection, payable to the State of Mississippi upon the same condition. The bonds shall be approved by the board and filed with the Secretary of State, and shall be executed by a surety company authorized to do business under the laws of this state. The premium on any such bond shall be paid by the state out of the support and maintenance fund of the department.
(15) The department shall be vested with the exclusive responsibility for management and control of all juvenile correctional facilities authorized by law, and all property belonging to the juvenile correctional facilities, and shall be responsible for the proper care, treatment, feeding, clothing and management of the juveniles in the juvenile correctional facilities.
(16) On July 1, 2007, all records, property, funds, other assets and personnel of the juvenile correctional facilities under the jurisdiction of the Office of Youth Services of the Department of Human Services that relates to youth service programs over all state-supported juvenile correctional facilities shall be transferred to the Department of Juvenile Justice.
(17) No facility operated by the Department of Juvenile Justice shall operate a paramilitary or boot camp type program. Facilities must develop residential and nonresidential programming that incorporates two (2) or more of the following elements: academic, tutoring/literacy, mentoring, vocational training, substance abuse counseling, family counseling, mental health services, special education services and community service. Each facility must provide specific medical, educational, vocational, social and psychological guidance, training, social education, counseling, substance abuse treatment and other rehabilitative services required by children of the facility.
(18) This section, Section 1 of this act, Sections 3 through 12 of this act, Sections 31-11-3, 37-31-65, 37-113-21, 37-143-15, 43-14-1, 43-14-5, 43-21-105, 43-21-109, 43-21-151, 43-21-157, 43-21-159, 43-21-315, 43-21-321, 43-21-605, 43-27-8, 43-27-20, 43-27-201, 43-27-203, 43-27-401, 47-5-138, 47-5-151, 47-7-45, 65-1-37 and 99-43-3 shall stand repealed on July 1, 2012.
SECTION 3. (1) The Department of Juvenile Justice shall exercise executive and administrative supervision over all state-owned facilities used for the detention, training, care and treatment of delinquent children properly committed to or confined in those facilities by a court on account of that delinquency. However, executive and administrative supervision under state-owned facilities shall not extend to any institutions and facilities for which executive and administrative supervision has been provided otherwise by law through other agencies.
(2) The department shall have exclusive supervisory care, custody and active control of all children properly committed to or confined in its facilities and included in its programs and shall have control of the grounds, buildings and other facilities and properties of those facilities and programs. Any child committed to a facility under the jurisdiction of the department may be transferred by the executive director, in his or her discretion, to any of the other facilities under the jurisdiction of the department.
(3) The juvenile correctional facilities under the jurisdiction of the department shall include, but not be limited to, the Columbia Training School created by Chapter 111, Laws of 1916, the Oakley Training School created by Chapter 205, Laws of 1942, and those facilities authorized by Sections 43-27-201 through 43-27-233.
(4) The department may receive, hold and use personal, real and mixed property donated to or otherwise acquired by the department, and shall have such other authority as is necessary for the operation of any juvenile correctional facility. The department shall be responsible for the planning, development and coordination of a statewide, comprehensive youth services program designed to train and rehabilitate children in order to prevent, control and retard juvenile delinquency.
(5) The department may develop and implement diversified programs and facilities to promote, enhance, provide and assure the opportunities for the successful care, training and treatment of delinquent children properly committed to or confined in any facility under its control. Those programs and facilities may include, but not be limited to, juvenile justice centers, foster homes, halfway houses, forestry camps, regional diagnostic centers, detention centers and other state and local community-based programs and facilities.
(6) The department may acquire whatever hazard, casualty or workers' compensation insurance is necessary for any property, real or personal, owned, leased or rented by the department or for any employees or personnel hired by the department and may acquire professional liability insurance on all employees as deemed necessary and proper by the department. All premiums due and payable on account thereof shall be paid out of the funds of the department.
SECTION 4. (1) The Department of Juvenile Justice shall succeed to the exclusive control of all records, books, papers, equipment and supplies, and all lands, buildings and other real and personal property now or hereafter belonging to or assigned to the use and benefit or under the control of the Juvenile Justice Center at Hinds and the Juvenile Justice Center at Marion, and shall have the exercise and control of the use, distribution and disbursement of all funds, appropriations and taxes now or hereafter in possession, levied, collected or received or appropriated for the use, benefit, support and maintenance of those training schools. The department shall have general supervision of all the affairs of those juvenile justice centers, and the care and conduct of all buildings and grounds, business methods and arrangements of accounts and records, the organization of the administrative plans of each juvenile justice center, and all other matters incident to the proper functioning of the juvenile justice centers.
(2) The department shall have full authority over the operation of any and all farms at each of the juvenile justice centers and over the distribution of agricultural, dairy, livestock and any and all other products therefrom and over all funds received from the sale of hogs and livestock. All sums realized from the sale of products manufactured and fabricated in the shops of the vocational departments of the juvenile justice centers shall be placed in the revolving fund of the respective juvenile justice center in which the products were manufactured, fabricated and sold.
(3) The department shall be authorized to lease the lands of the juvenile justice centers for oil, gas and mineral exploration, and for such other purposes as the department deems to be appropriate, on such terms and conditions as the department and lessee agree. The granting of any leases for oil, gas and mineral exploration shall be on a public bid basis as prescribed by law. The department may contract with the State Forestry Commission for the proper management of forest lands and the sale of timber, and the department may sell timber and forestry products. The department may expend the net proceeds from incomes from all leases and timber sales exclusively for the instructional purposes or operational expenses, or both, at the juvenile justice centers under its jurisdiction.
SECTION 5. (1) The Executive Director of the Department of Juvenile Justice shall appoint the individual administrators of the facilities under the jurisdiction of the department who, in turn, shall have full power to select and employ personnel necessary to operate the facility that they direct, subject to the approval of the executive director.
(2) In administering the Juvenile Justice Centers at Hinds and Marion under its jurisdiction, the department and the executive director shall have the following duties:
(a) To operate and maintain the juvenile justice centers and other facilities as may be needed to properly diagnose, care for, train, educate and rehabilitate children and youths who have been committed to or confined in the centers or who are included in the programs of the centers.
(b) To fulfill the objectives of rehabilitation and reformation of the youths confined in the centers, by using evidence based practices proven by empirical data to reduce recidivism among youthful offenders to employ no discipline, training or utilization of time and efforts of the youth that under any condition or in any way interferes with those objectives.
(c) To group the youths in the facilities according to age, sex and disciplinary needs with respect to their housing, schooling, training, recreation and work, being careful to prevent injury to the morals or interference with the training and rehabilitation of the younger or correctable youths by those considered to be less amenable to discipline and rehabilitation.
SECTION 6. The administrators of the juvenile justice centers under the jurisdiction of the Department of Juvenile Justice each may receive free lodging in his respective facility for himself or herself and his or her family, but not free board nor free supplies from the institution. Upon each administrator's election to receive board for himself and family from the facility, the department shall enter on its records in advance the names and ages of the members of the family and fix the charges for their board at the average cost of table board in that community, but in no event at an amount less than the cost of the board to the facility. The amount of the board so fixed shall be paid by the administrator into the State Treasury before his salary for the next succeeding month will be paid. The department shall make a detailed and itemized statement thereof to the Legislature. The same restrictions shall apply to all members of the support staff of the service centers.
SECTION 7. (1) Academic and vocational training at all facilities under the jurisdiction of the Department of Juvenile Justice shall meet standards prescribed by the State Department of Education based upon standards required for public schools. The department may prescribe such additional requirements as it may from time to time deem necessary. The Department of Juvenile Justice shall request accreditation as a nonpublic school as prescribed in Section 37-17-7, and shall maintain educational standards equivalent to the standards established by the State Department of Education for the state schools as outlined in the Approval Requirements of the State Board of Education for Nonpublic Schools.
(2) The State Superintendent of Public Education shall administer the standards related to the high school and elementary school programs. Reports from the State Department of Education evaluating the educational program at all juvenile justice centers and indicating whether or not the program meets the standards as prescribed shall be made directly to the Executive Director of the Department of Juvenile Justice at regularly scheduled meetings. Such State Department of Education supervisory personnel as deemed appropriate shall be utilized for evaluating the programs and for reporting to the executive director.
SECTION 8. (1) The Juvenile Justice Centers at Hinds and Marion shall each have one (1) special master assigned to the centers, who are appointed by the Chief Justice of the Mississippi Supreme Court. The jurisdiction of such special masters shall be limited to those cases where the youth court has not previously ruled on a child's mental status. If after a child is referred to a juvenile justice center of the department and is believed that he or she is mentally ill, suicidal or mentally retarded, then a hearing must be held within twenty-four (24) hours, excluding Saturdays, Sundays and statutory state holidays, to determine proper placement for the child. Such hearing will be held before a special master that is assigned to each juvenile justice center.
(2) When a child in the jurisdiction of the department is committed to the custody of a juvenile justice center and is believed to be in need of treatment for a mental or emotional disability or infirmity, the department through its special master, as described in this section, shall file an affidavit alleging that the child is in need of mental health service. The special master shall refer the child to the appropriate community mental health center for evaluation pursuant to Section 41-21-67. If the prescreening evaluation recommends civil commitment, the special master shall proceed with civil commitment pursuant to Sections 41-21-61 et seq., 43-21-315 and 43-21-611, and the Department of Mental Health, once commitment is ordered, shall provide appropriate care treatment and services for at least as many adolescents as were provided services in fiscal year 2005 in its facilities. The Department of Mental Health shall provide appropriate care, treatment and services at the following facilities: Brookhaven Juvenile Rehabilitation Center, Oak Circle at Mississippi State Hospital, East Mississippi State Hospital Adolescent Unit, Specialized Treatment for the Emotionally Disabled in Harrison County.
(3) The medical services departments at the Juvenile Justice Centers at Hinds and Marion shall be in operation twenty-four (24) hours a day seven (7) days a week to provide appropriate treatment or training for youth committed to the centers.
SECTION 9. (1) The Department of Finance and Administration, for and on behalf of the Department of Juvenile Justice and the State of Mississippi, may enter into a purchase contract, a lease-purchase agreement or other similar contract for the acquisition of land, buildings or equipment that would be suitable for use by the Department of Juvenile Justice in providing housing and facilities for youth under its jurisdiction regardless of the ages of those youths and that would assist the Department of Juvenile Justice in the performance of its duties under Sections 1 through 8 of this act. Before entering into any such contract or agreement, the Department of Finance and Administration must first demonstrate to the Public Procurement Review Board satisfactory evidence that the contract or agreement would be economically advantageous to the Department of Juvenile Justices.
(2) Acquisition of the property described in subsection (1) of this section shall be made only upon legislative approval or upon approval of the State Bond Commission in accordance with the manner and procedure prescribed in Section 27-104-107.
SECTION 10. (1) There is created the Mississippi Challenge Program (MCP) for Boys and the Mississippi Challenge Program (MCP) for Girls which shall provide therapeutic services eligible for Medicaid reimbursement for males and females between the ages of fourteen (14) to seventeen (17) who are at-risk of placement in a juvenile justice center. There shall be two (2) regional programs for females and two (2) regional programs for males.
Beginning July 1, 2008, the department shall phase-in a MCP in each congressional district over a period of four (4) years. The phase-in of the MCPS shall be as follows:
(a) As of July 1, 2009, the Second Congressional District shall have a MCP for males;
(b) As of July 1, 2010, the Third Congressional District shall have a MCP for females;
(c) As of July 1, 2011, the Fourth Congressional District shall have a MCP for males; and
(d) As of July 1, 2012, the First Congressional District shall have a MCP for females.
(2) A nonprofit organization who has competitively bid and won the contract for the MCP, pursuant to subsection (6) of this section, may implement and administer the MCP and may promulgate rules and regulations concerning the administration of the program. The nonprofit organization may prepare written guidelines concerning the nomination and selection process of participants in the program, and such guidelines may include a list of the factors considered in the selection established from bids from nonprofit organizations. The MCP may be a challenge-based program and may house thirty-five (35) males and thirteen (13) females who may be housed separately at each regional facility. All program services for males and females may be separate and may be held on different sites. The MCP design may include individual educational, behavior modification and treatment services for all of its residents.
(3) Participation in the Mississippi Challenge Programs shall be on a voluntary basis. No child may be ordered by any court to participate in the program; however, a youth court judge may refer the program to a child when such program would be sufficient to meet the needs of the child.
(4) The nonprofit organization may award an adult high school diploma to each participant who meets the requirements for a general educational development (GED) equivalent under the policies and guidelines of the GED Testing Service of the American Council on Education and any other minimum academic requirements prescribed by the nonprofit organization for graduation from the Mississippi Challenge Program. Participants in the program who do not meet the minimum academic requirements may be awarded a special certificate of attendance. The nonprofit organization may establish rules and regulations for awarding the adult high school diploma and may prescribe the form for such diploma and the certificate of attendance.
(5) The nonprofit organization may accept any available funds that may be used to defray the expenses of the program including, but not limited to, federal funding, public or private funds and any funds that may be appropriated by the Legislature for that purpose.
(6) The Department of Juvenile Justice may publicly issue a request for proposals to nonprofit organizations for the establishment of the MCP. The request for proposals when issued may contain terms and conditions relating to price, services needed and such other matters are determined by the department to be appropriate for inclusion or required by law. After responses to the request for proposals have been duly received, the department may select the lowest and best bids on the basis of price, services needed and other relevant factors and from such proposals, but not limited to, the terms thereof negotiate and enter into contract(s) with one or more of the nonprofit organizations submitting proposals.
SECTION 11. Beginning July 1, 2008, every county of the state shall establish a juvenile drug court as prescribed in Section 9-23-1 et seq. The phase-in of the juvenile drug courts shall occur over a period of four (4) years as follows:
(a) As of July 1, 2009, all counties shall have at least one (1) juvenile drug court in the Second Congressional District;
(b) As of July 1, 2010, all counties shall have at least one (1) juvenile drug court in the Third Congressional District;
(c) As of July 1, 2011, all counties shall have at least one (1) juvenile drug court in the Fourth Congressional District; and
(d) As of July 1, 2012, all counties shall have at least one (1) juvenile drug court in the First Congressional District.
SECTION 12. Section 31-11-3, Mississippi Code of 1972, is amended as follows:
31-11-3. (1) The Department of Finance and Administration, for the purposes of carrying out the provisions of this chapter, in addition to all other rights and powers granted by law, shall have full power and authority to employ and compensate architects or other employees necessary for the purpose of making inspections, preparing plans and specifications, supervising the erection of any buildings, and making any repairs or additions as may be determined by the Department of Finance and Administration to be necessary, pursuant to the rules and regulations of the State Personnel Board. The department shall have entire control and supervision of, and determine what, if any, buildings, additions, repairs or improvements are to be made under the provisions of this chapter, subject to the approval of the Public Procurement Review Board.
(2) The department shall have full power to erect buildings, make repairs, additions or improvements, and buy materials, supplies and equipment for any of the institutions or departments of the state subject to the approval of the Public Procurement Review Board. In addition to other powers conferred, the department shall have full power and authority as directed by the Legislature, or when funds have been appropriated for its use for these purposes, to:
(a) Build a state office building;
(b) Build suitable plants or buildings for the use and housing of any state schools or institutions, including the building of plants or buildings for new state schools or institutions, as provided for by the Legislature;
(c) Provide state aid for the construction of school buildings;
(d) Promote and develop the training of returned veterans of the United States in all sorts of educational and vocational learning to be supplied by the proper educational institution of the State of Mississippi, and in so doing allocate monies appropriated to it for these purposes to the Governor for use by him in setting up, maintaining and operating an office and employing a state director of on-the-job training for veterans and the personnel necessary in carrying out Public Law No. 346 of the United States;
(e) Build and equip a hospital and administration building at the Mississippi State Penitentiary;
(f) Build and equip additional buildings and wards at the Boswell Retardation Center;
(g) Construct a sewage disposal and treatment plant at the Mississippi State Hospital at Whitfield, and in so doing acquire additional land as may be necessary, and to exercise the right of eminent domain in the acquisition of this land;
(h) Build and equip the Mississippi central market and purchase or acquire by eminent domain, if necessary, any lands needed for this purpose;
(i) Build and equip suitable facilities for a training and employing center for the blind;
(j) Build and equip a gymnasium at the Juvenile Justice Center at Marion;
(k) Approve or disapprove the expenditure of any money appropriated by the Legislature when authorized by the bill making the appropriation;
(l) Expend monies appropriated to it in paying the state's part of the cost of any street paving;
(m) Sell and convey state lands when authorized by the Legislature, cause said lands to be properly surveyed and platted, execute all deeds or other legal instruments, and do any and all other things required to effectively carry out the purpose and intent of the Legislature. Any transaction which involves state lands under the provisions of this paragraph shall be done in a manner consistent with the provisions of Section 29-1-1;
(n) Collect and receive from educational institutions of the State of Mississippi monies required to be paid by these institutions to the state in carrying out any veterans' educational programs;
(o) Purchase lands for building sites, or as additions to building sites, for the erection of buildings and other facilities which the department is authorized to erect, and demolish and dispose of old buildings, when necessary for the proper construction of new buildings. Any transaction which involves state lands under the provisions of this paragraph shall be done in a manner consistent with the provisions of Section 29-1-1;
(p) Obtain business property insurance with a deductible of not less than One Hundred Thousand Dollars ($100,000.00) on state-owned buildings under the management and control of the department; and
(q) In consultation with and approval by the Chairmen of the Public Property Committees of the Senate and the House of Representatives, enter into contracts for the purpose of providing parking spaces for state employees who work in the Woolfolk Building, the Carroll Gartin Justice Building or the Walter Sillers Office Building. The provisions of this paragraph (q) shall stand repealed on July 1, 2010.
(3) The department shall survey state-owned and state-utilized buildings to establish an estimate of the costs of architectural alterations, pursuant to the Americans With Disabilities Act of 1990, 42 USCS, Section 12111 et seq. The department shall establish priorities for making the identified architectural alterations and shall make known to the Legislative Budget Office and to the Legislature the required cost to effectuate such alterations. To meet the requirements of this section, the department shall use standards of accessibility that are at least as stringent as any applicable federal requirements and may consider:
(a) Federal minimum guidelines and requirements issued by the United States Architectural and Transportation Barriers Compliance Board and standards issued by other federal agencies;
(b) The criteria contained in the American Standard Specifications for Making Buildings Accessible and Usable by the Physically Handicapped and any amendments thereto as approved by the American Standards Association, Incorporated (ANSI Standards);
(c) Design manuals;
(d) Applicable federal guidelines;
(e) Current literature in the field;
(f) Applicable safety standards; and
(g) Any applicable environmental impact statements.
(4) The department shall observe the provisions of Section 31-5-23, in letting contracts and shall use Mississippi products, including paint, varnish and lacquer which contain as vehicles tung oil and either ester gum or modified resin (with rosin as the principal base of constituents), and turpentine shall be used as a solvent or thinner, where these products are available at a cost not to exceed the cost of products grown, produced, prepared, made or manufactured outside of the State of Mississippi.
(5) The department shall have authority to accept grants, loans or donations from the United States government or from any other sources for the purpose of matching funds in carrying out the provisions of this chapter.
(6) The department shall build a wheelchair ramp at the War Memorial Building which complies with all applicable federal laws, regulations and specifications regarding wheelchair ramps.
(7) The department shall review and preapprove all architectural or engineering service contracts entered into by any state agency, institution, commission, board or authority regardless of the source of funding used to defray the costs of the construction or renovation project for which services are to be obtained. The provisions of this subsection (7) shall not apply to any architectural or engineering contract paid for by self-generated funds of any of the state institutions of higher learning, nor shall they apply to community college projects that are funded from local funds or other nonstate sources which are outside the Department of Finance and Administration's appropriations or as directed by the Legislature. The provisions of this subsection (7) shall not apply to any construction or design projects of the State Military Department that are funded from federal funds or other nonstate sources.
(8) The department shall have the authority to obtain annually from the state institutions of higher learning information on all building, construction and renovation projects including duties, responsibilities and costs of any architect or engineer hired by any such institutions.
(9) When funding is provided through the Bureau of Building, Grounds and Real Property Management, the department may authorize the state institutions of higher learning, community and junior colleges, and other state agencies to manage any construction or renovation project with a value not exceeding Two Hundred Fifty Thousand Dollars ($250,000.00). The department shall develop criteria for management of such projects that each agency must follow in order to manage the projects. Only agencies that the department deems capable of managing by the criteria may manage these projects. Additionally, the department shall require agencies managing these projects to do the following:
(a) Use standard departmentally approved contracts and project management procedures; and
(b) Conduct projects on a reimbursable basis and require documentation that the department deems appropriate for payment of claims. Reimbursement shall be on a one-time basis at completion and approval of project documentation submittals.
The department shall revoke the authority of any agency to perform these project management functions if, in its opinion, an agency has not followed the department's requirements for managing projects. The authority granted to the department in this section shall not apply to projects funded directly to the institutions of higher learning, community and junior colleges, or other state agencies through separate appropriation or other means.
(10) The department shall adopt building code standards for the new construction of public facilities in a manner consistent with the provisions of Section 31-11-33.
SECTION 13. Section 37-31-65, Mississippi Code of 1972, is amended as follows:
37-31-65. The funds derived from any sources for any trade school, such as the Mississippi School for the Deaf, Mississippi School for the Blind, the Juvenile Justice Center at Hinds or Parchman Vocational School or other agencies or institutions receiving funds for the purposes of this chapter, which are not operated in connection with any public school, agricultural high school or community/junior college, or by virtue of any tuition, registration fees, or payment for services rendered or commodities produced, shall be the property of the State Board of Education. In the event any public school, agricultural high school or community/junior college establishes any trade school, classes or courses under Section 37-31-61, such funds shall be the property of such public school, agricultural high school or community/junior college, to be expended by the trustees thereof, and shall be expended solely for the expense of operating and conducting the trade school, classes or courses in connection with such public school, agricultural high school or community/junior college. None of such funds shall be commingled with the funds of any other of such schools, and none of such funds shall be commingled with any of the other funds of any of the public schools, agricultural high schools or community/junior colleges. All of such funds so created shall be and are * * *declared to be public funds, as defined by law.
SECTION 14. Section 37-113-21, Mississippi Code of 1972, is amended as follows:
37-113-21. (1) Agriculture is the primary industry of Mississippi and it is to the interest of * * * state agriculture that research in the fields of livestock products, pastures and forage crops, poultry, herd and flock management, horticulture, farm mechanization, soil conservation, forestry, disease and insect and parasite control, the testing of plants and livestock under different conditions, farm enterprises for different sized farms under different soil and climatic conditions and market locations, and other important phases of Mississippi's agricultural economy, be expanded in the manner provided for in this section.
(2) There is * * *authorized a branch experiment station to be known as the Brown Loam Branch Experiment Station, which is to be located on a part of that tract of land owned by the State of Mississippi and formerly operated as the Oakley Penitentiary and known as the Juvenile Justice Center at Hinds, same to be selected in accordance with Laws, 1954, Chapter 159, Section 3, and used as an agricultural experiment station. This property is to be supplied with necessary buildings, equipment, and other facilities; and title to such Oakley Penitentiary Farm, now known as the Juvenile Justice Center at Hinds, is to be transferred to the Board of Trustees of State Institutions of Higher Learning for the use of the Mississippi Agricultural and Forestry Experimental Station as the site of, and to be used for the Brown Loam Branch Experiment Station in accordance with Laws, 1954, Chapter 159, Section 3.
There is * * * authorized a branch experiment station to be known as the Coastal Plain Branch Experiment Station to be located on a suitable tract of approximately nine hundred (900) acres to be purchased in the upper coastal plain or short leaf pine area of east central Mississippi and to be supplied with necessary buildings, equipment, and other facilities.
The enlargement of the Holly Springs Branch Experiment Station, hereafter to be known as the North Mississippi Branch Experiment Station, is * * * authorized, by the purchase of approximately five hundred (500) acres of additional land adjacent to or in the vicinity of either of the two (2) farms now operated by the branch stations, and by the provision of the necessary buildings, equipment, and other facilities, and the sale, as hereinafter provided, of that farm of the branch station which is not adjacent to the additional land to be purchased.
There is * * *authorized the reactivation of the former McNeil Branch Experiment Station to be operated as a part of the South Mississippi Branch Experiment Station at Poplarville, and to be supplied with necessary buildings, equipment, and other facilities.
There is * * * authorized a branch experiment station to be known as the Black Belt Branch Experiment Station to be located on a suitable tract of approximately six hundred forty (640) acres of land to be purchased in Noxubee County, Mississippi, and to be supplied with the necessary buildings, equipment and other facilities.
There is * * * authorized a branch experiment station to be known as the Northeast Mississippi Branch Experiment Station to be located on a suitable tract of approximately two hundred (200) acres of land to be purchased in Lee County, Mississippi. The station shall be primarily devoted to the development of the dairy industry and shall be supplied with necessary buildings, equipment, and other facilities.
There is * * * authorized the expansion of the office and laboratory building at the Delta Branch Experiment Station at Stoneville and of the office and laboratory and dwellings for station workers at the Truck Crops Branch Experiment Station at Crystal Springs.
(3) The governing authorities of any municipality, town or county in the state may, in their discretion, donate land, money or other property to the board of trustees of state institutions of higher learning in furtherance of the purposes of this section.
For the purpose of securing funds to carry out this subsection, the governing authorities of such municipality, town or county are * * * authorized and empowered, in their discretion, to issue bonds or negotiate notes for the purpose of acquiring by purchase, gift, or lease real estate for the purpose herein authorized. Such issuance of bonds or notes shall be issued in an amount not to exceed the limitation now or hereafter imposed by law on counties, municipalities and towns, and shall be issued in all respects including interest rate, maturities and other details as is now or may hereafter be provided by general law regulating the issuance of bond or notes by the governing authorities of such municipality, town, or county.
(4) Any person, firm or corporation may contribute or donate real or other property to the Board of Trustees of State Institutions of Higher Learning in furtherance of the purpose of this section.
(5) The Board of Trustees of State Institutions of Higher Learning is * * * authorized, upon recommendation of the Director of the Agricultural and Forestry Experimental Station at the Mississippi State University of Agriculture and Applied Science, which recommendation is approved by and transmitted to the board by the president of the university, to carry out the provisions of this section with particular reference to the establishment, reactivation, expansion, and the discontinuance of branch stations as herein provided, to receive and accept title to any land or property or money herein authorized, to buy or sell and dispose of any real or personal property herein authorized, to make available for carrying into effect the provisions of this section all money received from such sale or sales, and to do any and all things necessary to effectuate the purposes of this section. One-half (1/2) interest in and to all oil, gas and other minerals shall be retained under any lands sold hereunder.
(6) A gift of One Hundred Thousand Dollars ($100,000.00), authorized by the general education board of the Rockefeller Foundation for the development of agricultural research, with particular reference to expanding the branch experiment stations and conditioned upon a general program of expansion substantially, as herein provided, is * * * accepted. The Director of the Agricultural and Forestry Experimental Station at the Mississippi State University of Agriculture and Applied Science is authorized and instructed to control and expend such fund in the same manner as other funds appropriated to carry out the provisions of this section.
(7) The experiment station in Clay County, Mississippi, shall not be affected by this section.
SECTION 15. Section 37-143-15, Mississippi Code of 1972, is amended as follows:
37-143-15. The Board of Trustees of State Institutions of Higher Learning is authorized and empowered to establish loan or scholarship programs of like character, operation and purpose to the foregoing enumerated programs to encourage the participation of eligible worthy persons in courses of instruction in its institutions, and in furtherance of such power and authority is authorized: to adopt and implement rules and regulations declaring and describing the goals and objectives of such loan or scholarship programs; to establish the eligibility requirements for entry into such program and required for continuing participation for succeeding years; to determine the maximum amount to be made available to recipients; to delineate the terms and conditions of contracts with recipients and establish the service requirements for such contracts, if any; to enter into contracts pertaining to such programs with recipients; to enter into loan agreements and other contracts with financial institutions or other providers of loan monies for scholarship or loan participants; and to allocate and utilize such funds as may be necessary for the operation of such loan or scholarship programs from the annual appropriation for student financial aid.
In issuing rules and regulations governing the administration of the Graduate Teacher Summer Scholarship (GTS) Program, the Board of Trustees of State Institutions of Higher Learning shall provide that certified teachers at the Juvenile Justice Centers at Hinds and Marion under the jurisdiction of the Department of Juvenile Justice shall be fully eligible to participate in the program.
SECTION 16. Section 43-21-105, Mississippi Code of 1972, is amended as follows:
43-21-105. The following words and phrases, for purposes of this chapter, shall have the meanings ascribed herein unless the context clearly otherwise requires:
(a) "Youth court" means the Youth Court Division.
(b) "Judge" means the judge of the Youth Court Division.
(c) "Designee" means any person that the judge appoints to perform a duty which this chapter requires to be done by the judge or his designee. The judge may not appoint a person who is involved in law enforcement to be his designee. Each designee shall be subject to the Code of Judicial Conduct and shall govern himself or herself accordingly.
(d) "Child" and "youth" are synonymous, and each means a person who has not reached his eighteenth birthday. A child who has not reached his eighteenth birthday and is on active duty for a branch of the armed services or is married is not considered a "child" or "youth" for the purposes of this chapter.
(e) "Parent" means the father or mother to whom the child has been born, or the father or mother by whom the child has been legally adopted.
(f) "Guardian" means a court-appointed guardian of the person of a child.
(g) "Custodian" means any person having the present care or custody of a child whether such person be a parent or otherwise.
(h) "Legal custodian" means a court-appointed custodian of the child.
(i) "Delinquent child" means a child who has reached his tenth birthday and who has committed a delinquent act.
(j) "Delinquent act" is any act, which if committed by an adult, is designated as a crime under state or federal law, or municipal or county ordinance other than offenses punishable by life imprisonment or death. A delinquent act includes escape from lawful detention and violations of the Uniform Controlled Substances Law and violent behavior.
(k) "Child in need of supervision" means a child who has reached his seventh birthday and is in need of treatment or rehabilitation because the child:
(i) Is habitually disobedient of reasonable and lawful commands of his parent, guardian or custodian and is ungovernable; or
(ii) While being required to attend school, willfully and habitually violates the rules thereof or willfully and habitually absents himself therefrom; or
(iii) Runs away from home without good cause; or
(iv) Has committed a delinquent act or acts.
(l) "Neglected child" means a child:
(i) Whose parent, guardian or custodian or any person responsible for his care or support, neglects or refuses, when able so to do, to provide for him proper and necessary care or support, or education as required by law, or medical, surgical, or other care necessary for his well-being; provided, however, a parent who withholds medical treatment from any child who in good faith is under treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall not, for that reason alone, be considered to be neglectful under any provision of this chapter; or
(ii) Who is otherwise without proper care, custody, supervision or support; or
(iii) Who, for any reason, lacks the special care made necessary for him by reason of his mental condition, whether said mental condition be mentally retarded or mentally ill; or
(iv) Who, for any reason, lacks the care necessary for his health, morals or well-being.
(m) "Abused child" means a child whose parent, guardian or custodian or any person responsible for his care or support, whether legally obligated to do so or not, has caused or allowed to be caused upon said child sexual abuse, sexual exploitation, emotional abuse, mental injury, nonaccidental physical injury or other maltreatment. Provided, however, that physical discipline, including spanking, performed on a child by a parent, guardian or custodian in a reasonable manner shall not be deemed abuse under this section.
(n) "Sexual abuse" means obscene or pornographic photographing, filming or depiction of children for commercial purposes, or the rape, molestation, incest, prostitution or other such forms of sexual exploitation of children under circumstances which indicate that the child's health or welfare is harmed or threatened.
(o) "A child in need of special care" means a child with any mental or physical illness that cannot be treated with the dispositional alternatives ordinarily available to the youth court.
(p) A "dependent child" means any child who is not a child in need of supervision, a delinquent child, an abused child or a neglected child, and which child has been voluntarily placed in the custody of the Department of Human Services by his parent, guardian or custodian.
(q) "Custody" means the physical possession of the child by any person.
(r) "Legal custody" means the legal status created by a court order which gives the legal custodian the responsibilities of physical possession of the child and the duty to provide him with food, shelter, education and reasonable medical care, all subject to residual rights and responsibilities of the parent or guardian of the person.
(s) "Detention" means the care of children in physically restrictive facilities.
(t) "Shelter" means care of children in physically nonrestrictive facilities.
(u) "Records involving children" means any of the following from which the child can be identified:
(i) All youth court records as defined in Section 43-21-251;
(ii) All social records as defined in Section 43-21-253;
(iii) All law enforcement records as defined in Section 43-21-255;
(iv) All agency records as defined in Section 43-21-257; and
(v) All other documents maintained by any representative of the state, county, municipality or other public agency insofar as they relate to the apprehension, custody, adjudication or disposition of a child who is the subject of a youth court cause.
(v) "Any person responsible for care or support" means the person who is providing for the child at a given time. This term shall include, but is not limited to, stepparents, foster parents, relatives, nonlicensed baby-sitters or other similar persons responsible for a child and staff of residential care facilities and group homes that are licensed by the Department of Human Services.
(w) The singular includes the plural, the plural the singular and the masculine the feminine when consistent with the intent of this chapter.
(x) "Out-of-home" setting means the temporary supervision or care of children by the staff of licensed day care centers, the staff of public, private and state schools, the staff of juvenile detention facilities, the staff of unlicensed residential care facilities and group homes and the staff of, or individuals representing, churches, civic or social organizations.
(y) "Durable legal custody" means the legal status created by a court order which gives the durable legal custodian the responsibilities of physical possession of the child and the duty to provide him with care, nurture, welfare, food, shelter, education and reasonable medical care. All these duties as enumerated are subject to the residual rights and responsibilities of the natural parent(s) or guardian(s) of the child or children.
(z) "Status offense" means conduct subject to adjudication by the youth court that would not be a crime if committed by an adult.
SECTION 17. Section 43-21-159, Mississippi Code of 1972, is amended as follows:
43-21-159. (1) When a person appears before a court other than the youth court, and it is determined that the person is a child under jurisdiction of the youth court, such court shall, unless the jurisdiction of the offense has been transferred to such court as provided in this chapter, or unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult and was convicted, immediately dismiss the proceeding without prejudice and forward all documents pertaining to the cause to the youth court; and all entries in permanent records shall be expunged. The youth court shall have the power to order and supervise the expunction or the destruction of such records in accordance with Section 43-21-265. Upon petition therefor, the youth court shall expunge the record of any case within its jurisdiction in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case. In cases where the child is charged with a hunting or fishing violation or a traffic violation whether it be any state or federal law, a violation of the Mississippi Implied Consent Law,or municipal ordinance or county resolution or where the child is charged with a violation of Section 67-3-70, the appropriate criminal court shall proceed to dispose of the same in the same manner as for other adult offenders and it shall not be necessary to transfer the case to the youth court of the county. Unless the cause has been transferred, or unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult, except for violations under the Implied Consent Law, and was convicted, the youth court shall have power on its own motion to remove jurisdiction from any criminal court of any offense including a hunting or fishing violation, a traffic violation, or a violation of Section 67-3-70, committed by a child in a matter under the jurisdiction of the youth court and proceed therewith in accordance with the provisions of this chapter.
(2) After conviction and sentence of any child by any other court having original jurisdiction on a misdemeanor charge, and within the time allowed for an appeal of such conviction and sentence, the youth court of the county shall have the full power to stay the execution of the sentence and to release the child on good behavior or on other order as the youth court may see fit to make unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult and was convicted. When a child is convicted of a misdemeanor and is committed to, incarcerated in or imprisoned in a jail or other place of detention by a criminal court having proper jurisdiction of such charge, such court shall notify the youth court judge or the judge's designee of the conviction and sentence prior to the commencement of such incarceration. The youth court shall have the power to order and supervise the destruction of any records involving children maintained by the criminal court in accordance with Section 43-21-265. However, the youth court shall have the power to set aside a judgment of any other court rendered in any matter over which the youth court has exclusive original jurisdiction, to expunge or destroy the records thereof in accordance with Section 43-21-265, and to order a refund of fines and costs.
(3) Nothing in subsection (1) or (2) shall apply to a youth who has a pending charge or a conviction for any crime over which circuit court has original jurisdiction.
(4) In any case wherein the defendant is a child as defined in this chapter and of which the circuit court has original jurisdiction, the circuit judge, upon a finding that it would be in the best interest of such child and in the interest of justice, may at any stage of the proceedings prior to the attachment of jeopardy transfer such proceedings to the youth court for further proceedings unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult and was convicted or has previously been convicted of a crime which was in original circuit court jurisdiction, and the youth court shall, upon acquiring jurisdiction, proceed as provided in this chapter for the adjudication and disposition of delinquent child proceeding proceedings. If the case is not transferred to the youth court and the youth is convicted of a crime by any circuit court, the trial judge shall sentence the youth as though such youth was an adult. The circuit court shall not have the authority to commit such child to the custody of the Department of Juvenile Justice for placement in a state-supported juvenile justice center.
(5) In no event shall a court sentence an offender over the age of eighteen (18) to the custody of the Department of Juvenile Justice for placement in a state-supported juvenile justice center.
(6) When a child's driver's license is suspended by the youth court for any reason, the clerk of the youth court shall report the suspension, without a court order under Section 43-21-261, to the Commissioner of Public Safety in the same manner as such suspensions are reported in cases involving adults.
(7) No offense involving the use or possession of a firearm by a child who has reached his fifteenth birthday and which, if committed by an adult would be a felony, shall be transferred to the youth court.
SECTION 18. Section 43-21-321, Mississippi Code of 1972, is amended as follows:
43-21-321. (1) All juveniles shall undergo a health screening within one (1) hour of admission to any juvenile detention center, or as soon thereafter as reasonably possible. Information obtained during the screening shall include, but shall not be limited to, the juvenile's:
(a) Mental health;
(b) Suicide risk;
(c) Alcohol and other drug use and abuse;
(d) Physical health;
(e) Aggressive behavior;
(f) Family relations;
(g) Peer relations;
(h) Social skills;
(i) Educational status; and
(j) Vocational status.
(2) If the screening instrument indicates that a juvenile is in need of emergency medical care or mental health intervention services, the detention staff shall refer those juveniles to the proper health care facility or community mental health service provider for further evaluation, as soon as reasonably possible. If the screening instrument, such as the Massachusetts Youth Screening Instrument version 2 (MAYSI-2) or other comparable mental health screening instrument indicates that the juvenile is in need of emergency medical care or mental health intervention services, the detention staff shall refer the juvenile to the proper health care facility or community mental health service provider for further evaluation, recommendation and referral for treatment, if necessary, within forty-eight (48) hours, excluding Saturdays, Sundays and statutory state holidays.
(3) All juveniles shall receive a thorough orientation to the center's procedures, rules, programs and services. The intake process shall operate twenty-four (24) hours per day.
(4) The directors of all of the juvenile detention centers shall amend or develop written procedures for admission of juveniles who are new to the system. These shall include, but are not limited to, the following:
(a) Determine that the juvenile is legally committed to the facility;
(b) Make a complete search of the juvenile and his possessions;
(c) Dispose of personal property;
(d) Require shower and hair care, if necessary;
(e) Issue clean, laundered clothing, as needed;
(f) Issue personal hygiene articles;
(g) Perform medical, dental and mental health screening;
(h) Assign a housing unit for the juvenile;
(i) Record basic personal data and information to be used for mail and visiting lists;
(j) Assist juveniles in notifying their families of their admission and procedures for mail and visiting;
(k) Assign a registered number to the juvenile; and
(l) Provide written orientation materials to the juvenile.
(5) All juvenile detention centers shall adhere to the following minimum standards:
(a) Each center shall have a manual that states the policies and procedures for operating and maintaining the facility, and the manual shall be reviewed annually and revised as needed;
(b) Each center shall have a policy that specifies support for a drug-free workplace for all employees, and the policy shall, at a minimum, include the following:
(i) The prohibition of the use of illegal drugs;
(ii) The prohibition of the possession of any illegal drugs except in the performance of official duties;
(iii) The procedure used to ensure compliance with a drug-free workplace policy;
(iv) The opportunities available for the treatment and counseling for drug abuse; and
(v) The penalties for violation of the drug-free workplace policy;
(c) Each center shall have a policy, procedure and practice that ensures that personnel files and records are current, accurate and confidential;
(d) Each center shall promote the safety and protection of juvenile detainees from personal abuse, corporal punishment, personal injury, disease, property damage and harassment;
(e) Each center shall have written policies that allow for mail and telephone rights for juvenile detainees, and the policies are to be made available to all staff and reviewed annually;
(f) Center food service personnel shall implement sanitation practices based on State Department of Health food codes;
(g) Each center shall provide juveniles with meals that are nutritionally adequate and properly prepared, stored and served according to the State Department of Health food codes;
(h) Each center shall offer special diet food plans to juveniles under the following conditions:
(i) When prescribed by appropriate medical or dental staff; or
(ii) As directed or approved by a registered dietitian or physician; and
(iii) As a complete meal service and not as a supplement to or choice between dietary meals and regular meals;
(i) Each center shall serve religious diets when approved and petitioned in writing by a religious professional on behalf of a juvenile and approved by the juvenile detention center director;
(j) Juvenile detention center directors shall provide a written method of ensuring regular monitoring of daily housekeeping, pest control and sanitation practices, and centers shall comply with all federal, state and local sanitation and health codes;
(k) Juvenile detention center staff shall screen detainees for medical, dental and mental health needs during the intake process. If medical, dental or mental health assistance is indicated by the screening, or if the intake officer deems it necessary, the detainee shall be provided access to appropriate health care professionals for evaluation and treatment. Youth who are held less than seventy-two (72) hours shall receive treatment for emergency medical, dental or mental health assistance or chronic conditions if a screening indicates such treatment is needed. A medical history of all detainees shall be completed by the intake staff of the detention center immediately after arrival at the facility by using a medical history form which shall include, but not be limited to, the following:
(i) Any medical, dental and mental health treatments and medications the juvenile is taking;
(ii) Any chronic health problems such as allergies, seizures, diabetes, hearing or sight loss, hearing conditions or any other health problems; and
(iii) Documentation of all medications administered and all health care services rendered;
(l) Juvenile detention center detainees shall be provided access to medical care and treatment while in custody of the facility;
(m) Each center shall provide reasonable access by youth services or county counselors for counseling opportunities. The youth service or county counselor shall visit with detainees on a regular basis;
(n) Juvenile detention center detainees shall be referred to other counseling services when necessary including: mental health services; crisis intervention; referrals for treatment of drugs and alcohol and special offender treatment groups;
(o) Local school districts shall work collaboratively with juvenile detention center staff to provide special education services as required by state and federal law;
(p) Recreational services shall be made available to juvenile detainees for purpose of physical exercise;
(q) Juvenile detention center detainees shall have the opportunity to participate in the practices of their religious faith as long as such practices do not violate facility rules and are approved by the director of the juvenile detention center;
(r) Each center shall provide sufficient space for a visiting room, and the facility shall encourage juveniles to maintain ties with families through visitation, and the detainees shall be allowed the opportunity to visit with the social workers, counselors and lawyers involved in the juvenile's care;
(s) Juvenile detention centers shall ensure that staffs create transition planning for youth leaving the facilities. Plans shall include providing the youth and his or her parents or guardian with copies of the youth's detention center education and health records, information regarding the youth's home community, referrals to mental and counseling services when appropriate, and providing assistance in making initial appointments with community service providers; and
(t) The Juvenile Detention Facilities Monitoring Unit shall monitor the detention facilities for compliance with these minimum standards, and no child shall be housed in a detention facility the monitoring unit determines is substantially out of compliance with the standards prescribed in this subsection.
(6) Programs and services shall be initiated for all juveniles once they have completed the admissions process.
(7) Programs and professional services may be provided by the detention staff, youth court staff or the staff of the local or state agencies, or those programs and professional services may be provided through contractual arrangements with community agencies.
(8) Persons providing the services required in this section must be qualified or trained for juvenile matters in their respective fields.
(9) All directors of juvenile detention centers shall amend or develop written procedures to fit the programs and services described in this section.
SECTION 19. Section 43-21-605, Mississippi Code of 1972, is amended as follows:
43-21-605. (1) In delinquency cases, the disposition order may include any of the following alternatives:
(a) Release the child without further action;
(b) Place the child in the custody of the parents, a relative or other persons subject to any conditions and limitations, including restitution, as the youth court may prescribe;
(c) Place the child on probation subject to any reasonable and appropriate conditions and limitations, including restitution, as the youth court may prescribe;
(d) Order terms of treatment calculated to assist the child and the child's parents or guardian which are within the ability of the parent or guardian to perform;
(e) Order terms of supervision which may include participation in a constructive program of service or education or civil fines not in excess of Five Hundred Dollars ($500.00), or restitution not in excess of actual damages caused by the child to be paid out of his own assets or by performance of services acceptable to the victims and approved by the youth court and reasonably capable of performance within one (1) year;
(f) Suspend the child's driver's license by taking and keeping it in custody of the court for not more than one (1) year;
(g) Give legal custody of the child to any of the following:
(i) The Department of Human Services for appropriate placement; or
(ii) Any public or private organization, preferably community-based, able to assume the education, care and maintenance of the child, which has been found suitable by the court; or
(iii) The Department of Human Services for placement in a wilderness training program or the Department of Juvenile Justice for placement in a state juvenile justice center, except that no child under the age of ten (10) years shall be committed to a state juvenile justice center, and no first-time nonviolent youth offenders shall be committed to a state juvenile justice center until all other options provided for in this section have been considered and the court makes a specific finding of fact that commitment is appropriate.
The juvenile justice center may retain custody of the child until the child's twentieth birthday but for no longer. When the child is committed to a juvenile justice center, the child shall remain in the legal custody of the juvenile justice center until the child has made sufficient progress in treatment and rehabilitation and it is in the best interest of the child to release the child. However, the superintendent of a state juvenile justice center, in consultation with the treatment team, may parole a child at any time he may deem it in the best interest and welfare of such child. Twenty (20) days prior to such parole, the juvenile justice center shall notify the committing court of the pending release. The youth court may then arrange subsequent placement after a reconvened disposition hearing, except that the youth court may not recommit the child to the juvenile justice center or any other secure facility without an adjudication of a new offense or probation or parole violation. The Department of Juvenile Justice shall ensure that staffs create transition planning for youth leaving the facilities. Plans shall include providing the youth and his or her parents or guardian with copies of the youth's juvenile justice center education and health records, information regarding the youth's home community, referrals to mental and counseling services when appropriate, and providing assistance in making initial appointments with community service providers. Prior to assigning the custody of any child to any private institution or agency, the youth court through its designee shall first inspect the physical facilities to determine that they provide a reasonable standard of health and safety for the child. No child shall be placed in the custody of a state juvenile justice center for a status offense or for contempt of or revocation of a status offense adjudication unless the child is contemporaneously adjudicated for having committed an act of delinquency that is not a status offense. A disposition order rendered under this subparagraph shall meet the following requirements:
1. The disposition is the least restrictive alternative appropriate to the best interest of the child and the community;
2. The disposition allows the child to be in reasonable proximity to the family home community of each child given the dispositional alternatives available and the best interest of the child and the state; and
3. The disposition order provides that the court has considered the medical, educational, vocational, social and psychological guidance, training, social education, counseling, substance abuse treatment and other rehabilitative services required by that child as determined by the court;
(h) Recommend to the child and the child's parents or guardian that the child attend and participate in the Youth Challenge Program under the Mississippi National Guard, as created in Section 43-27-203, subject to the selection of the child for the program by the National Guard; however, the child must volunteer to participate in the program. The youth court shall not order any child to apply or attend the program;
(i) Recommend to the child and the child's parents or guardian that the child attend and participate in the Mississippi Challenge Program, as created in Section 10 of this act; however, the child, with the permission of a parent or guardian, must volunteer to participate in the program. The youth court shall not order any child to apply or attend the program;
(j) (i) Adjudicate the juvenile to the Statewide Juvenile Work Program if the program is established in the court's jurisdiction. The juvenile and his parents or guardians must sign a waiver of liability in order to participate in the work program. The judge will coordinate with the youth services counselors as to placing participants in the work program;
(ii) The severity of the crime, whether or not the juvenile is a repeat offender or is a felony offender will be taken into consideration by the judge when adjudicating a juvenile to the work program. The juveniles adjudicated to the work program will be supervised by police officers or reserve officers. The term of service will be from twenty-four (24) to one hundred twenty (120) hours of community service. A juvenile will work the hours to which he was adjudicated on the weekends during school and weekdays during the summer. Parents are responsible for a juvenile reporting for work. Noncompliance with an order to perform community service will result in a heavier adjudication. A juvenile may be adjudicated to the community service program only two (2) times;
(iii) The judge shall assess an additional fine on the juvenile which will be used to pay the costs of implementation of the program and to pay for supervision by police officers and reserve officers. The amount of the fine will be based on the number of hours to which the juvenile has been adjudicated;
(k) Order the child to participate in a youth court work program as provided in Section 43-21-627;
(l) Order the child into a juvenile detention center operated by the county or into a juvenile detention center operated by any county with which the county in which the court is located has entered into a contract for the purpose of housing delinquents. The time period for detention cannot exceed ninety (90) days, and any detention exceeding forty-five (45) days shall be administratively reviewed by the youth court no later than forty-five (45) days after the entry of the order. The youth court judge may order that the number of days specified in the detention order be served either throughout the week or on weekends only. No first-time nonviolent youth offender shall be committed to a detention center for a period of ninety (90) days until all other options provided for in this section have been considered and the court makes a specific finding of fact that commitment to a detention center is appropriate. However, if a child is committed to a detention center ninety (90) consecutive days, the disposition order shall meet the following requirements:
(i) The disposition order is the least restrictive alternative appropriate to the best interest of the child and the community;
(ii) The disposition order allows the child to be in reasonable proximity to the family home community of each child given the dispositional alternatives available and the best interest of the child and the state; and
(iii) The disposition order provides that the court has considered the medical, educational, vocational, social and psychological guidance, training, social education, counseling, substance abuse treatment and other rehabilitative services required by that child as determined by the court; or
(m) Referral to A-team provided system of care services.
(2) If a disposition order requires that a child miss school due to other placement, the youth court shall notify a child's school while maintaining the confidentiality of the youth court process.
(3) In addition to any of the disposition alternatives authorized under subsection (1) of this section, the disposition order in any case in which the child is adjudicated delinquent for an offense under Section 63-11-30 shall include an order denying the driver's license and driving privileges of the child as required under Section 63-11-30(9).
(4) The Department of Juvenile Justice shall maximize federal funding including, but not limited to, TANF funding for adolescent offender programs.
By July 1, 2008, the Juvenile Justice Center at Marion shall no longer operate as a secure juvenile justice center. The Department of Juvenile Justice shall develop alternative uses for the Juvenile Justice Center at Marion campus that may include, but are not limited to, day programming for at-risk youth, mental health services that must be provided by the Department of Mental Health for female and male adolescents, adolescent substance abuse treatment and transitional care for youth who have aged out of foster care but are not yet self-sufficient. The Department of Juvenile Justice shall ensure that the use of the Juvenile Justice Center at Marion maximizes federal dollars including, but not limited to, Medicaid funds.
(5) If the youth court places a child in a state-supported juvenile justice center, the court may order the parents or guardians of the child and other persons living in the child's household to receive counseling and parenting classes for rehabilitative purposes while the child is in the legal custody of the training school. A youth court entering an order under this subsection (5) shall utilize appropriate services offered either at no cost or for a fee calculated on a sliding scale according to income unless the person ordered to participate elects to receive other counseling and classes acceptable to the court at the person's sole expense.
(6) Fines levied under this chapter shall be paid into the general fund of the county but, in those counties wherein the youth court is a branch of the municipal government, it shall be paid into the municipal treasury.
(7) Any institution or agency to which a child has been committed shall give to the youth court any information concerning the child as the youth court may at any time require.
(8) The youth court shall not place a child in another school district who has been expelled from a school district for the commission of a violent act. For the purpose of this subsection, "violent act" means any action which results in death or physical harm to another or an attempt to cause death or physical harm to another.
(9) The youth court may require drug testing as part of a disposition order. If a child tests positive, the court may require treatment, counseling and random testing, as it deems appropriate. The costs of such tests shall be paid by the parent, guardian or custodian of the child unless the court specifically finds that the parent, guardian or custodian is unable to pay.
(10) The Department of Juvenile Justice shall operate and maintain services for youth adjudicated delinquent at the Juvenile Justice Center at Hinds and the Juvenile Justice Center at Marion. The program shall be designed for children committed to the juvenile justice centers by the youth courts. The purpose of the program is to promote good citizenship, self-reliance, leadership and respect for constituted authority, teamwork, cognitive abilities and appreciation of our national heritage. The Department of Juvenile Justice shall issue credit towards academic promotions and high school completion. The Department of Juvenile Justice may award credits to each student who meets the requirements for a general education development certification. The Department of Juvenile Justice must also provide to each special education eligible youth the services required by that youth's individualized education plan.
(11) There is created a study committee to determine what entity should be responsible for providing the educational services within detention centers to ensure that detained youth receive adequate educational services. The study is also to include, but is not limited to, the examination of the costs of providing such educational services. The study committee shall consist of the following ten (10) members:
(a) The Chairperson of the House of Representatives of the Juvenile Justice Committee;
(b) The Chairperson of the Senate Judiciary B Committee;
(c) The Chairperson of the House of Representatives Education Committee or his or her designee;
(d) The Chairperson of the Senate Education Committee or his or her designee;
(e) Three (3) members from the House of Representatives, appointed by the Chairperson of the Juvenile Justice Committee; and
(f) Three (3) members from the Senate, appointed by the Chairperson of the Senate Judiciary B Committee.
At its first meeting the study committee shall elect a chairperson and vice chairperson from its membership and shall adopt rules for transacting its business and keeping its records.
By October 31, 2006, the study committee shall make a report of its work and recommendations.
SECTION 20. Section 43-27-8, Mississippi Code of 1972, is amended as follows:
43-27-8. The Department of Human Services, shall administer the following duties and responsibilities through the Office of Youth Services:
(a) To implement and administer laws and policy relating to youth services and coordinate the efforts of the department with those of the federal government and other state departments and agencies, county governments, municipal governments and private agencies concerned with providing youth services.
* * *
(b) To promulgate and publish such rules, regulations and policies of the department as are needed for the efficient government and maintenance of all * * *programs in accord, insofar as possible, with currently accepted standards of juvenile care and treatment.
SECTION 21. Section 43-27-20, Mississippi Code of 1972, is amended as follows:
43-27-20. (1) Within the Office of Youth Services there shall be a Division of Community Services, which shall be headed by a director appointed by and responsible to the Director of the Office of Youth Services. He shall hold a master's degree in social work or a related field and shall have no less than three (3) years' experience in social services, or in lieu of that degree and experience, he shall have a minimum of eight (8) years' experience in social work or a related field. He shall employ and assign the community workers to serve in the various areas in the state and any other supporting personnel necessary to carry out the duties of the Division of Community Services.
(2) The Director of the Division of Community Services shall assign probation and aftercare workers to the youth court or family court judges of the various court districts upon the request of the individual judge on the basis of case load and need, when funds are available. The probation and aftercare workers shall live in their respective districts except upon approval of the Director of the Division of Community Services. The Director of the Division of Community Services is authorized to assign a youth services counselor to a district other than the district in which the youth services counselor lives upon the approval of the youth court judge of the assigned district and the Director of the Division of Youth Services. Every placement shall be with the approval of the youth court or the family court judge, and a probation and aftercare worker may be removed for cause from a youth or family court district.
(3) Any counties or cities which, on July 1, 1973, have court counselors or similar personnel may continue using this personnel or may choose to come within the statewide framework.
(4) A probation and aftercare worker may be transferred by the division from one court to another after consultation with the judge or judges in the court to which the employee is currently assigned.
(5) The Office of Community Services shall have such duties as the Office of Youth Services assigns to it, which shall include, but not be limited to, the following:
(a) Preparing the social, educational and home-life history and other diagnostic reports on the child for the benefit of the court or a juvenile justice center under the jurisdiction of the Department of Juvenile Justice; however, this provision shall not abridge the power of the court to require similar services from other agencies, according to law.
(b) Serving in counseling capacities with the youth or family courts.
(c) Serving as probation agents for the youth or family courts.
(d) Serving, advising and counseling of children in the various facilities under the jurisdiction of the Department of Juvenile Justice as may be necessary to the placement of the children in proper environment after release and the placement of children in suitable jobs where necessary and proper.
(e) Supervising and guiding of children released or conditionally released from facilities under the jurisdiction of the Department of Juvenile Justice.
(f) Counseling in an aftercare program.
(g) Coordinating the activities of supporting community agencies which aid in the social adjustment of children released from the facility and in an aftercare program.
(h) Providing or arranging for necessary services leading to the rehabilitation of delinquents, either within the division or through cooperative arrangements with other appropriate agencies.
(i) Providing counseling and supervision for any child under ten (10) years of age who has been brought to the attention of the court when other suitable personnel is not available and upon request of the court concerned.
(j) Supervising the aftercare program and making revocation investigations at the request of the court.
(k) This section shall stand repealed on July 1, 2009.
SECTION 22. Section 43-27-201, Mississippi Code of 1972, is amended as follows:
43-27-201. (1) The purpose of this section is to outline and structure a long-range proposal in addition to certain immediate objectives for improvements in the juvenile correctional facilities of the Division of Youth Services of the Mississippi Department of Human Services in order to provide modern and efficient correctional and rehabilitation facilities for juvenile offenders in Mississippi, who are committing an increasing percentage of serious and violent crimes.
(2) The Department of Finance and Administration, acting through the Bureau of Building, Grounds and Real Property Management, using funds from bonds issued under this chapter, monies appropriated by the Legislature for such purposes, federal matching or other federal funds, federal grants or other available funds from whatever source, shall provide for, by construction, lease, lease-purchase or otherwise, and equip the following juvenile correctional facilities under the jurisdiction and responsibility * * * of the Department of Juvenile Justice:
(a) Construct an additional one-hundred-fifty-bed, stand-alone, medium security juvenile correctional facility for habitual violent male offenders, which complies with American Correctional Association Accreditation standards and applicable building and fire safety codes. The medium security, male juvenile facility location shall be on property owned by the Department of Juvenile Justice, or its successor, or at a site selected by the Bureau of Building, Grounds and Real Property Management on land which is hereafter donated to the state specifically for the location of such facility.
(b) Construct an additional one-hundred-bed minimum security juvenile correctional facility for female offenders, and an additional stand-alone, fifteen-bed maximum security juvenile correctional facility for female offenders, which complies with American Correctional Association Accreditation standards and applicable building and fire safety codes. The minimum security and maximum security female juvenile facilities location shall be on property owned by the Division of Youth Services, or its successor, or at a site selected by the Bureau of Building, Grounds and Real Property Management on land which is hereafter donated to the state specifically for the location of such facility.
(3) Upon the selection of a proposed site for a correctional facility for juveniles authorized under subsection (2), the Bureau of Building, Grounds and Real Property Management of the Department of Finance and Administration shall notify the board of supervisors of the county in which such facility is proposed to be located and shall publish a notice as hereinafter set forth in a newspaper having general circulation in such county. Such notice shall include a description of the tract of land in the county whereon the facility is proposed to be located, the nature and size of the facility and the date on which the determination of the Bureau of Building, Grounds and Real Property Management shall be final as to the location of such facility, which date shall not be less than forty-five (45) days following the first publication of such notice. Such notice shall include a brief summary of the provisions of this section pertaining to the petition for an election on the question of the location of the juvenile housing facility in such county. Such notice shall be published not less than one (1) time each week for at least three (3) consecutive weeks in at least one (1) newspaper published in such county.
If no petition requesting an election is filed before the date of final determination stated in such notice, then the bureau shall give final approval to the location of such facility.
If at any time before the aforesaid date a petition signed by twenty percent (20%), or fifteen hundred (1500), whichever is less, of the qualified electors of the county involved shall be filed with the board of supervisors requesting that an election be called on the question of locating such facility, then the board of supervisors shall adopt a resolution calling an election to be held within such county upon the question of the location of such facility. Such election shall be held, as far as practicable, in the same manner as other elections are held in counties. At such election, all qualified electors of the county may vote, and the ballots used at such election shall have printed thereon a brief statement of the facility to be constructed and the words "For the construction of the facility in (here insert county name) County" and "Against the construction of the facility in (here insert county name) County." The voter shall vote by placing a cross (X) or check mark (√) opposite his choice on the proposition. When the results of the election on the question of the construction of the facility shall have been canvassed by the election commissioners of the county and certified by them to the board of supervisors, it shall be the duty of the board of supervisors to determine and adjudicate whether or not a majority of the qualified electors who voted thereon in such election voted in favor of the construction of the facilities in such county. Unless a majority of the qualified electors who voted in such election shall have voted in favor of the construction of the facilities in such county, then such facility shall not be constructed in such county.
(4) The Division of Youth Services shall establish, maintain and operate an Adolescent Offender Program (AOP), which may include non-Medicaid assistance eligible juveniles. Beginning July 1, 2006, subject to availability of funds appropriated therefor by the Legislature, the Division of Youth Services shall phase-in AOPs in every county of the state over a period of four (4) years. The phase-in of the AOPs shall be as follows:
(a) As of July 1, 2007, not less than twenty (20) counties shall be served by at least one (1) AOP;
(b) As of July 1, 2008, not less than forty (40) counties shall be served by at least one (1) AOP;
(c) As of July 1, 2009, not less than sixty (60) counties shall be served by at least one (1) AOP; and
(d) As of July 1, 2010, all eighty-two (82) counties shall be served by at least one (1) AOP.
AOP professional services, salaries, facility offices, meeting rooms and related supplies and equipment may be provided through contract with local mental health or other nonprofit community organizations. Each AOP must incorporate evidence-based practices and positive behavioral intervention that includes two (2) or more of the following elements: academic, tutoring, literacy, mentoring, vocational training, substance abuse treatment, family counseling and anger management. Programs may include, but shall not be limited to, after school and weekend programs, job readiness programs, home detention programs, community service conflict resolution programs, restitution and community service.
(5) The Department of Juvenile Justice shall operate and maintain the Forestry Camp Number 43 at the Juvenile Justice Center at Marion, originally authorized and constructed in 1973, to consist of a twenty-bed dormitory, four (4) offices, a classroom, kitchen, dining room, day room and apartment. The purpose of this camp shall be to train juvenile detention residents for community college and other forestry training programs.
(6) The Department of Juvenile Justice shall establish a ten-bed transitional living facility for the temporary holding of juvenile justice center adolescents who have reached their majority, have completed the GED requirement, and are willing to be rehabilitated until they are placed in jobs, job training or postsecondary programs. Such transitional living facility may be operated pursuant to contract with a nonprofit community support organization.
SECTION 23. Section 43-27-203, Mississippi Code of 1972, is amended as follows:
43-27-203. (1) There is created under the Mississippi National Guard a program to be known as the "Youth Challenge Program." The program shall be an interdiction program designed for children determined to be "at-risk" by the National Guard. Beginning July 1, 2008, the Youth Challenge Program shall be under the jurisdiction of the Department of Juvenile Justice, and the National Guard must report to the Board of the Department of Juvenile Justice as it relates to the Youth Challenge Program.
(2) The Mississippi National Guard shall implement and administer the Youth Challenge Program and shall promulgate rules and regulations concerning the administration of the program. The National Guard shall prepare written guidelines concerning the nomination and selection process of participants in the program, and such guidelines shall include a list of the factors considered in the selection process.
(3) Participation in the Youth Challenge Program shall be on a voluntary basis. No child may be sentenced by any court to participate in the program; however, a youth court judge may refer the program to a child when, under his determination, such program would be sufficient to meet the needs of the child.
(4) The Mississippi National Guard, under the auspices of the Challenge Academy, may award an adult high school diploma to each participant who meets the requirements for a general educational development (GED) equivalent under the policies and guidelines of the GED Testing Service of the American Council on Education and any other minimum academic requirements prescribed by the National Guard and Challenge Academy for graduation from the Youth Challenge Program. Participants in the program who do not meet the minimum academic requirements may be awarded a special certificate of attendance. The Mississippi National Guard and the Challenge Academy shall establish rules and regulations for awarding the adult high school diploma and shall prescribe the form for such diploma and the certificate of attendance.
(5) The Mississippi National Guard may accept any available funds that may be used to defray the expenses of the program including, but not limited to, federal funding, public or private funds and any funds that may be appropriated by the Legislature for that purpose; however, all funding for the Youth Challenge Program shall be under the jurisdiction of the Department of Juvenile Justice.
SECTION 24. Section 47-5-151, Mississippi Code of 1972, is amended as follows:
47-5-151. The superintendent (warden) or other person in charge of prisoners, upon the death of any prisoner under his care and control, shall at once notify the county medical examiner or county medical examiner investigator (hereinafter "medical examiner") of the county in which the prisoner died, of the death of the prisoner, and it shall be the duty of such medical examiner, when so notified of the death of such person, to obtain a court order and notify the State Medical Examiner of the death of such prisoner. It shall be mandatory that the State Medical Examiner cause an autopsy to be performed upon the body of the deceased prisoner. Furthermore, the State Medical Examiner shall investigate any case where a person is found dead on the premises of the correctional system, in accordance with Sections 41-61-51 through 41-61-79. The State Medical Examiner shall make a written report of his investigation, and shall furnish a copy of the same, including the autopsy report, to the superintendent (warden) and a copy of the same to the district attorney of the county in which the prisoner died. The copy so furnished to the district attorney shall be turned over by the district attorney to the grand jury, and it shall be the duty of the grand jury, if there be any suspicion of wrongdoing shown by the inquest papers, to thoroughly investigate the cause of such death.
It shall be the duty of the medical examiner of the county in which the prisoner died to arrange for the remains to be transported to the State Medical Examiner for the autopsy, and accompanying the remains shall be the court order for autopsy and any documents or records pertaining to the deceased prisoner, institutional health records or other information relating to the circumstances surrounding the prisoner's death. The State Medical Examiner shall arrange for the remains to be transported to the county in which the prisoner died following completion of the autopsy. If the remains are not claimed for burial within forty-eight (48) hours after autopsy, then the remains may be delivered to the University of Mississippi Medical Center for use in medical research or anatomical study.
The provisions herein set forth in the first paragraph shall likewise apply to any case in which any person is found dead on the premises of the Mississippi State Penitentiary, except that the autopsy to be performed on the body of such a person shall not be mandatory upon a person who is not a prisoner unless the medical examiner determines that the death resulted from circumstances raising questions as to the cause of death, in which case the medical examiner may cause an autopsy to be performed upon the body of such deceased person in the same manner as authorized to be performed upon the body of a deceased prisoner.
* * * The provisions of this section shall apply with respect to any deceased prisoner who at the time of death is being detained by duly constituted state authority such as the Juvenile Justice Center at Marion, Juvenile Justice Center at Hinds, Mississippi State Hospital at Whitfield, East Mississippi State Hospital, or any other state institution.
The provisions of this section shall not apply to a prisoner who was lawfully executed as provided in Sections 99-19-49 through 99-19-55.
Any officer or employee of the prison system or any other officer, employee or person having charge of any prisoner who shall fail to immediately notify the medical examiner of the death of such prisoner, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred dollars ($500.00) and by confinement in the county jail for not more than one (1) year.
SECTION 25. Section 47-7-45, Mississippi Code of 1972, is amended as follows:
47-7-45. The provisions of this chapter shall not apply to probation under the Youth Court Law nor to parole from the Juvenile Justice Center at Marion and the Juvenile Justice Center at Hinds.
SECTION 26. Section 65-1-37, Mississippi Code of 1972, is amended as follows:
65-1-37. The Mississippi Transportation Commission is hereby authorized and empowered to have the Mississippi Department of Transportation construct, repair and maintain the driveways and streets on the grounds of the universities and colleges under the jurisdiction of the Board of Trustees of the State Institutions of Higher Learning, state, and/or county supported junior colleges, the state hospitals, and institutions under the jurisdiction of the Department of Mental Health, the Juvenile Justice Center at Marion, the Juvenile Justice Center at Hinds, the Mississippi Schools for the Deaf and Blind, and the Mississippi Department of Wildlife, Fisheries and Parks in the manner provided herein, including bypasses to connect those driveways and streets with roads on the state highway system, and the main thoroughfare running east and west through the grounds of the Mississippi Penitentiary, provided that the institutions obtain the necessary rights-of-way, those institutions being * * * authorized so to do by this section.
The Transportation Commission and the governing boards of the institutions shall enter into an agreement prior to undertaking any of the work mentioned in the first paragraph of this section, and the agreement shall be based on the Transportation Department's furnishing equipment, equipment operators, skilled labor, supervision, and engineering services, and the governing bodies of the aforementioned institutions shall furnish material, supplies and common labor. This agreement shall further provide for reimbursement of the Mississippi Department of Transportation, in full, for the expenditures incurred in the construction, repair and maintenance of driveways and streets at the institutions hereinabove mentioned, such reimbursement to be made directly to the Mississippi Transportation Commission from the institutions. Upon the execution of an agreement as set out herein, the Mississippi Department of Transportation may provide all the necessary engineering, supervision, skilled labor, equipment, and equipment operators to perform such work.
SECTION 27. Section 99-43-3, Mississippi Code of 1972, is amended as follows:
99-43-3. As used in this chapter, the following words shall have the meanings ascribed to them unless the context clearly requires otherwise:
(a) "Accused" means a person who has been arrested for committing a criminal offense and who is held for an initial appearance or other proceeding before trial or who is a target of an investigation for committing a criminal offense.
(b) "Appellate proceeding" means an oral argument held in open court before the Mississippi Court of Appeals, the Mississippi Supreme Court, a federal court of appeals or the United States Supreme Court.
(c) "Arrest" means the actual custodial restraint of a person or his submission to custody.
(d) "Community status" means extension of the limits of the places of confinement of a prisoner through work release, intensive supervision, house arrest and initial consideration of pre-discretionary leave, passes and furloughs.
(e) "Court" means all state courts including juvenile courts.
(f) "Victim assistance coordinator" means a person who is employed or authorized by a public entity or a private entity that receives public funding primarily to provide counseling, treatment or other supportive assistance to crime victims.
(g) "Criminal offense" means conduct that gives a law enforcement officer or prosecutor probable cause to believe that a felony involving physical injury, the threat of physical injury,a sexual offense,any offense involving spousal abuse or domestic violence has been committed.
(h) "Criminal proceeding" means a hearing, argument or other matter scheduled by and held before a trial court but does not include a lineup, grand jury proceeding or other matter not held in the presence of the court.
(i) "Custodial agency" means a municipal or county jail, the Department of Corrections, juvenile detention facility, Department of Juvenile Justice or a secure mental health facility having custody of a person who is arrested or is in custody for a criminal offense.
(j) "Defendant" means a person or entity that is formally charged by complaint, indictment or information of committing a criminal offense.
(k) "Final disposition" means the ultimate termination of the criminal prosecution of a defendant by a trial court, including dismissal, acquittal or imposition of a sentence.
(l) "Immediate family" means the spouse, parent, child, sibling, grandparent or guardian of the victim, unless that person is in custody for an offense or is the accused.
(m) "Lawful representative" means a person who is a member of the immediate family or who is designated as provided in Section 99-43-5; no person in custody for an offense or who is the accused may serve as lawful representative.
(n) "Post-arrest release" means the discharge of the accused from confinement on recognizance, bond or other condition.
(o) "Post-conviction release" means parole or discharge from confinement by an agency having custody of the prisoner.
(p) "Post-conviction relief proceeding" means a hearing, argument or other matter that is held in any court and that involves a request for relief from a conviction, sentence or adjudication.
(q) "Prisoner" means a person who has been convicted or adjudicated of a criminal offense against a victim and who has been sentenced to the custody of the sheriff, the Department of Corrections, Department of Juvenile Justice, juvenile detention facility, a municipal jail or a secure mental health facility.
(r) "Prosecuting attorney" means the district attorney, county prosecuting attorney, municipal prosecuting attorney, youth court prosecuting attorney, special prosecuting attorney or Attorney General.
(s) "Right" means any right granted to the victim by the laws of this state.
(t) "Victim" means a person against whom the criminal offense has been committed, or if the person is deceased or incapacitated, the lawful representative.
SECTION 28. Sections 43-27-10, 43-27-11, 43-27-12, 43-27-22, 43-27-23, 43-27-25, 43-27-27, 43-27-29 and 43-27-35, Mississippi Code of 1972, which provide that the Department of Human Services has jurisdiction over the juvenile correctional facilities, are repealed.
SECTION 29. Section 43-21-123, Mississippi Code of 1972, is amended as follows:
43-21-123. (1) Except for expenses provided by state funds and/or other monies, the board of supervisors, or the municipal governing board where there is a municipal youth court, shall adequately provide funds for the operation of the youth court division of the appropriate court in conjunction with the regular * * * court budget * * *. In preparation for said funding, on an annual basis at the time requested, the youth court judge, regular youth court referee or administrator shall prepare and submit to the board of supervisors, or the municipal governing board of the youth court wherever the youth court is a municipal court, an annual budget which will identify the number, staff position, title and amount of annual or monthly compensation of each position as well as provide for other expenditures necessary to the functioning and operation of the youth court. When the budget of the youth court or youth court judge is approved by the board of supervisors or the governing authority of the municipality, then the youth court, youth court judge, regular youth court referee or administrator may employ such persons as provided in the budget from time to time.
(2) The board of supervisors of any county in which there is located a youth court, and the governing authority of any municipality in which there is located a municipal youth court, are each authorized to reimburse the youth court referees and other county employed youth court employees or personnel for reasonable travel and expenses incurred in the performance of their duties and in attending educational meetings offering professional training to such persons as budgeted.
(3) (a) In order to ensure that all youth courts not served by a county court have sufficient support funds to carry on the business of the youth court, the Administrative Office of Courts shall establish a formula for providing state support payable from the General Fund for the support of the youth courts. Youth court support funds shall be available to each regular youth court referee and municipal youth court referee so long as the senior chancellor does not elect to employ a youth court administrator as set forth in subsection 3(b), and each regular youth court referee shall have the individual discretion to appropriate those funds as expense monies to assist in hiring secretarial staff and acquiring materials incident to carrying on the business of the court within the referee's private practice of law, or may direct the use of those funds through the county budget for court support supplies or services. The regular youth court referee and municipal youth court referee shall be accountable for assuring through private or county employees the proper preparation and filing of all necessary tracking and other documentation attendant to the administration of the youth court. The formula developed by the Administrative Office of Courts for providing youth court support funds shall be reviewed by the Administrative Office of Courts every two (2) years to ensure that the youth court support funds provided herein are proportional to each youth court's caseload. Approval of the use of any of the youth court support funds made under this subsection shall be made by the Administrative Office of Courts in accordance with procedures established by the Administrative Office of Courts.
(b) In lieu of accepting any referee support funds as provided in paragraph (b) of this subsection, when permitted by the Administrative Office of Courts, the senior chancellors of Chancery Districts One, Two, Three, Four, Six, Seven, Nine, Ten, Thirteen, Fourteen, Fifteen and Eighteen may appoint a youth court administrator for the district whose responsibility will be to perform all reporting, tracking and other duties of a court administrator for all youth courts in the district which are under the chancery court system. The Administrative Office of Courts shall allocate to each chancellor so electing a sum not to exceed Thirty Thousand Dollars ($30,000.00) per year to cover the salary, fringe benefits and equipment of such administrator, and an additional sum not to exceed One Thousand Nine Hundred Dollars ($1,900.00) to cover travel expenses of the administrator.
SECTION 30. The Governor, on behalf of this state, may execute a compact in substantially the following form, and the Legislature signifies in advance its approval and ratification of the compact:
THE INTERSTATE COMPACT FOR JUVENILES
ARTICLE I
PURPOSE
The compacting states to this Interstate Compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that Congress, be enacting the Crime Control Act, 4 USCS Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.
It is the purpose of this compact, through means of joint and cooperative action among the compacting states to;
(a) Ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state;
(b) Ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected;
(c) Return juveniles who have run away, absconded or escaped from supervision or control or have been accused or an offense to the state requesting their return;
(d) Make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services;
(e) Provide for the effective tracking and supervision of juveniles;
(f) Equitably allocate the costs, benefits and obligations of the compacting states;
(g) Establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency that has jurisdiction over juvenile offenders;
(h) Insure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines;
(i) Establish procedures to resolve pending charges (detainers) against juvenile offenders before transfer or release to the community under the terms of this compact;
(j) Establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators;
(k) Monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance;
(l) Coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in that activity; and
(m) Coordinate the implementation and operation of the compact with the Interstate Compact for the Placement of Children, the Interstate Compact for Adult Offender Supervision and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise.
It is the policy of the compacting states that the activities conducted by the Interstate Commission created by this Compact are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
(a) "Bylaws" means those bylaws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct.
(b) "Compact Administrator" means the individual in each compacting state appointed under the terms of this compact, responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact.
(c) "Compacting State" means any state that has enacted the enabling legislation for this compact.
(d) "Commissioner" means the voting representative of each compacting state appointed pursuant to Article III of this compact.
(e) "Court" means any court having jurisdiction over delinquent, neglected or dependent children.
(f) "Deputy Compact Administrator" means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator under the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact.
(g) "interstate Commission" means the Interstate Commission for Juveniles created by Article III of this compact.
(h) "Juvenile" means any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including:
(i) Accused Delinquent, which is a person charged with an offense that, if committed by an adult, would be a criminal offense;
(ii) Adjudicated Delinquent, which is a person found to have committed an offense that, if committed by an adult, would be a criminal offense;
(iii) Accused Status Offender, which is a person charged with an offense that would not be a criminal offense if committed by an adult;
(iv) Adjudicated Status Offender, which is a person found to have committed an offense that would not be a criminal offense if committed by an adult; and
(v) Nonoffender which is, a person in need of supervision who has not been accused or adjudicated a status offender or delinquent.
(i) "Noncompacting state" means any state that has not enacted the enabling legislation for this compact.
(j) "Probation or Parole" means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.
(k) "Rules" means a written statement by the Interstate Commission promulgated under Article VI of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the Commission, and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal or suspension of an existing rule.
(l) "State" means a state of the United States, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.
ARTICLE III
INTERSTATE COMMISSION FOR JUVENILES
(1) The compacting states create the "Interstate Commission for Juveniles." The commission shall be a body corporate and joint agency of the compacting states. The commission shall have all the responsibilities, powers and duties set forth in this compact, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
(2) The Interstate commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the State Council for Interstate Juvenile Supervision created under this compact. The commissioner shall be the compact administrator, deputy compact administrator or designee from that state who shall serve on the Interstate Commission in such capacity under the applicable law of the compacting state.
(3) In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners, but who are members of interested organizations. Those noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, Interstate Compact for Adult Offender for Adult Offender Supervision, Interstate Compact for the Placement of Children, juvenile justice and juvenile corrections officials and crime victims. All noncommissioner members of the Interstate Commission shall be exofficio nonvoting members. The Interstate Commission may provide in its bylaws for additional exofficio nonvoting members, including members of other national organizations, in such numbers as determined by the commission.
(4) Each compacting state represented at any meeting of the commission is entitled to one (1) vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
(5) The commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
(6) The Interstate Commission shall establish an executive committee, which shall include commission officers, members and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the compact. The executive committee shall oversee the day-to -day activities of the administration of the compact managed by an executive director and Interstate Commission staff; administers enforcement and compliance with the provisions of the compact, its bylaws and rules and performs such other duties as directed by the Interstate Commission or set forth in the bylaws.
(7) Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication.
(8) The Interstate Commission's bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
(9) Public notice shall be given of all meetings and all meeting shall be open to the public, except as set forth in the Rules or as otherwise provided in the compact. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds (2/3) vote that an open meeting would be likely to:
(a) Relate solely to the Interstate Commission's internal personnel practice and procedures;
(b) Disclose matters specifically exempted from disclosure by statute;
(c) Disclose trade secrets or commercial or financial information that is privileged or confidential;
(d) Involve accusing any person of a crime, or formally censuring any person;
(e) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
(f) Disclose investigative records compiled for law enforcement purposes;
(g) Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated person or entity for the purpose of regulation or supervision of the person or entity;
(h) Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or
(i) Specifically relate to the Interstate Commission's issuance of a subpoena, or its participation in a civil action or other legal proceeding.
(10) For every meeting closed under this provision, the Interstate Commission's legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes that shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in the minutes.
(11) The Interstate Commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules, which shall specify the data to be collected, the means of collection, data exchange and reporting requirements. Those methods of data collection, exchange and reporting shall, insofar as is reasonably possible, conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.
ARTICLE IV
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The commission shall have the following powers and duties:
(a) To provide for dispute resolution among compacting state.
(b) To promulgate rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.
(c) To oversee, supervise and coordinate the interstate movement of juveniles subject to the terms of this compact and any bylaws adopted and rules promulgated by the Interstate Commission.
(d) To enforce compliance with the compact provision, the rules promulgated by the Interstate commission, and the bylaws, using all necessary and proper means, including bit not limited to the use of judicial process.
(e) To establish and maintain offices, which shall be located within one or more of the compacting states.
(f) To purchase and maintain insurance and bonds.
(g) To borrow, accept, hire or contract for services of personnel.
(h) To establish and appoint committees and hire staff that it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties under this compact.
(i) To elect or appoint officers, attorneys, employees, agents or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish
the Interstate Commission's personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation and qualifications of personnel.
(j) To accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of it.
(k) To lease, purchase, accept contributions or donations of or otherwise to own, hold, improve or use any property, real, personal or mixed.
(l) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed.
(m) To establish a budget and make expenditures and levy dues as provided in Article VIII of this compact.
(n) To sue and be sued.
(o) To adopt a seal and bylaws governing the management and operation of the Interstate Commission.
(p) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
(q) To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Those reports also shall include any recommendations that may have been adopted by the Interstate Commission.
(r) To coordinate education, training and public awareness regarding the interstate movement of juveniles for officials involved in that activity.
(s) To establish uniform standards of the reporting, collecting and exchanging of data.
(t) To maintain its corporate books and records in accordance with the bylaws.
ARTICLE V
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
(1) Bylaws. The Interstate Commission shall, by a majority of the members present and voting, within twelve (12) months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact including, but not limited to:
(a) Establishing the fiscal year of the Interstate Commission;
(b) Establishing an executive committee and such other committees as may be necessary;
(c) Providing for the establishment of committees governing any general or specific delegation of any authority or function of the Interstate Commission;
(d) Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;
(e) Establishing the titles and responsibilities of the officers of the Interstate Commission;
(f) Providing a mechanism for concluding the operations of the Interstate Commission and the return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations;
(g) Providing "start-up" rules for initial administration of the compact; and
(h) Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
(2) Officers and Staff. (a) The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice chairperson each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice chairperson shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; however, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.
(b) The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a member and shall hire and supervise such other staff as may be authorized by the Interstate Commission.
(3) Qualified Immunity, Defense and Indemnification. (a) The Commission's executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property, personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error, or omission that occurred, or that the person had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; however, any such person shall not be protected from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.
(b) The liability of any commissioner, or the employee of agent of a commissioner, acting within the scope of the person's employment or duties for acts, errors or omissions occurring within the person's state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees and agents. Nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.
(c) The Interstate Commission shall defend the executive director or the employees or representatives of the Interstate Commission and, subject to the approval of the Attorney General of the state represented by any commissioner of a compacting state, shall defend the commissioner or the commissioner's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant has a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of the person.
(d) The Interstate Commission shall indemnify and hold the commissioner of a compacting state, or the commissioner's representatives or employees or the Interstate Commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against those persons arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that those persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provide that the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
ARTICLE VI
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
(1) The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.
(2) Rule making shall occur using the criteria set forth in this article and the bylaws and rules adopted under this article. That rulemaking shall substantially conform to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedures act, as the Interstate Commission deems appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the Commission.
(3) When promulgating a rule, the Interstate Commission shall, at a minimum:
(a) Publish the proposed rule's entire text stating the reason(s) for that proposed rule;
(b) Allow and invite any and all persons to submit written data, facts, opinions, and arguments, which information shall be added to the record, and be made publicly available;
(c) Provide an opportunity for an informal hearing if petitioned by ten (10) or more persons; and
(d) Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties.
(4) Allow not later than sixty (60) days after a rule is promulgated, any interested person to file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commission's principal office is located for judicial review of the rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act.
(5) If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that the rule shall have no further force and effect in any compacting state.
(6) The existing rules governing the operation of the Interstate Compact on Juveniles superceded by this act shall be null and void twelve (12) months after the first meeting of the Interstate Commission created under this compact.
(7) Upon determination by the Interstate Commission that a state of emergency exists, it may promulgate an emergency rule that shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided under this article retroactively applied to the rule as soon as reasonable possible, but no later than ninety (90) days after the effective date of the emergency rule.
ARTICLE VII
OVERSIGHT, ENFORCEMENT AND DISPUTES RESOLUTION BY THE INTERSTATE COMMISSION
(1) Oversight. (a) The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor those activities being administered in noncompacting states that may significantly affect compacting states.
(b) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated under this compact shall be received by all the judges, public officers, commissions and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact that may affect the powers, responsibilities or actions of the Interstate Commission, it shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
(2) Dispute Resolution. (a) The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact, as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.
(b) Then Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues that are subject to the compact and that may arise among compacting states and between compacting and noncompacting states. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
(c) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in Article XI of this compact.
ARTICLE VIII
FINANCE
(1) The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.
(2) The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff, which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state, and shall promulgate a rule binding upon all compacting states which governs the assessment.
(3) The Interstate Commission shall not incur any obligations of any kind before securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
(4) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
ARTICLE IX
THE STATE COUNCIL
Each member state shall create a State Council for Interstate Juvenile Supervision. While each state may determine the membership of its own state council, its membership must include at least one (1) representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator or designee. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council will advise and may exercise oversight and advocacy concerning the state's participation in Interstate Commission activities and other duties as may be determined by that state, including, but not limited to, development of policy concerning operations and procedures of the compact within that state.
ARTICLE X
COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT
(1) Any state, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa and the Northern Marianas Islands as defined in Article II of this compact is eligible to become a compacting state.
(2) The compact shall become effective and binding upon legislative enactment of the compact into law by no less that thirty-five (35) of the states. The initial effective date shall be the later of July 1, 2005 or upon enactment into law by the thirty-fifth jurisdiction. Thereafter, it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis before adoption of the compact by all states and territories of the United States.
(3) The Interstate Commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
ARTICLE XI
WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT
(1) Withdrawal. (a) Once effective, the compact shall continue in force and remain binding upon each and every compacting state; however, a compacting state may withdraw from the compact by specifically repealing the statute that enacted the compact into law.
(b) The effective date of withdrawal is the effective date of the repeal.
(c) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty (60) days of its receipt thereof.
(d) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.
(e) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.
(2) Technical Assistance, Fines, Suspension, Termination and Default. (a) If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or the bylaws or duly promulgated rules, the Interstate Commission may impose any or all the following penalties.
(i) Remedial training and technical assistance as directed by the Interstate Commission;
(ii) Alternative Dispute Resolution;
(iii) Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission; and
(iv) Suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the Interstate Commission has therefore determined that the offending state is in default. Immediate notice of suspension shall be given by the Interstate Commission to the governor, the chief justice or the chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature and the state council. The grounds for default include, but are not limited to, failure of a compacting state to perform the obligation or responsibilities imposed upon it by this compact, the bylaws or duly promulgated rules and any other grounds designated in commission bylaws and rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission and of the default pending a cure of the default. The commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination.
(b) Within sixty (60) days of the effective date of termination of a defaulting state, the Commission shall notify the governor, the chief justice of chief judicial officer, the majority and minority leaders of the defaulting state's legislature, and the state council of that termination.
(c) The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
(d) The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.
(e) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.
(3) Judicial Enforcement. The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default. If judicial enforcement is necessary, the prevailing party shall be awarded all costs of the litigation, including reasonable attorney's fees.
(4) Dissolution of Compact. (a) The compact dissolves effective upon the date of the withdrawal or default of the compacting state, which reduces membership in the compact to one (1) compacting state.
(b) Upon the dissolution of the compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XII
SEVERABILITY AND CONSTRUCTION
(1) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
(2) The provisions of this compact shall be liberally construed to effectuate its purposes.
ARTICLE XIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
(1) Other Laws. (a) Nothing in this compact prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.
(b) All compacting states' laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.
(2) Binding Effect of the Compact. (a) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.
(b) All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.
(c) Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding that meaning or interpretation.
(d) If any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by that provision upon the Interstate Commission shall be ineffective and those obligation, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which those obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.
SECTION 31. Sections 43-25-1 through 43-25-17, Mississippi Code of 1972, which provide for the Interstate Compact on Juveniles, is repealed.
SECTION 32. Section 43-21-801, Mississippi Code of 1972, is amended as follows:
43-21-801. (1) There is established the Youth Court Incarceration Alternatives Fund. The purpose of the fund shall be to provide funding for grants or services to Mississippi youth courts to develop nonduplicative programs or support services that promote uniformity of the youth court system. Programs funded through the Youth Court Incarceration Alternatives Fund must be nonresidential, community-based programs that incorporate evidence-based practices and positive behavioral interventions. Monies from this fund shall be administered by the Department of Public Safety.
(2) Any youth court must submit an application to the Department of Public Safety. The application must include a description of the purpose for which assistance is requested, the amount of assistance requested and any other information required by the Department of Public Safety, in consultation with the Department of Human Services and Administrative Office of Courts.
(3) There is created in the State Treasury a special fund to be designated as the "Youth Court Incarceration Alternatives Fund," which shall consist of funds appropriated or otherwise made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be distributed to the youth courts by the Department of Public Safety for the purposes described in this section.
(4) During the regular legislative session held in calendar year 2007, the Legislature shall appropriate Three Million Dollars ($3,000,000.00) to the Youth Court Incarceration Alternatives Fund.
SECTION 33. Section 43-21-803, Mississippi Code of 1972, is amended as follows:
43-21-803. (1) There is established the Tony Gobar Juvenile Justice Alternative Sanction Grant Program for the purpose of providing grants to faith-based organizations and nonprofit 501 (c)(3) organizations that develop and operate community-based alternatives to the training schools and detention centers. In order to be eligible for a grant under this section, a faith-based or nonprofit 501(c)(3) organization in cooperation with a youth court must develop and operate a juvenile justice alternative sanction designed for delinquent youths. The program must be designed to decrease reliance on commitment in juvenile detention facilities and training schools. Programs must not duplicate existing programs or services and must incorporate evidence-based practices and positive behavioral intervention including two (2) or more of the following elements: academic tutoring/literacy, dropout prevention, mentoring, vocational training, substance abuse treatment, family counseling and anger management, and faith-based programming. Programs may include, but shall not be limited to, after school and weekend programming, job readiness programs, home detention programs, restitution, conflict resolution programs, and community service.
(2) A faith-based or nonprofit 501(c)(3) must submit an application to the Department of Public Safety. The application must include a description of the purpose for which assistance is requested, the amount of assistance requested and any other information required by the Department of Public Safety in consultation with the Department of Human Services.
(3) The Department of Public Safety shall have all powers necessary to implement and administer the program established under this section, and the department shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this section.
(4) There is created in the State Treasury a special fund to be designated as the "Tony Gobar Juvenile Justice Alternative Sanctions Grant Fund," which shall consist of funds appropriated or otherwise made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund
shall be deposited to the credit of the fund. Monies in the fund shall be used by the Department of Public Safety for the purposes described in this section.
(5) During the regular legislative session held in calendar year 2007, the Legislature shall appropriate Two Million Dollars ($2,000,000.00) to the Tony Gobar Juvenile Justice Alternative Sanctions Grant Fund.
SECTION 34. Nothing in this act shall become effective unless appropriate funding is made available during the 2007 Regular Session of the Mississippi Legislature.
SECTION 35. This act shall take effect and be in force from and after July 1, 2007.