MISSISSIPPI LEGISLATURE
2007 Regular Session
To: Judiciary A; Appropriations
By: Representative Blackmon
AN ACT TO CREATE THE MISSISSIPPI INDIGENT DEFENSE BOARD, TO PROVIDE FOR THE BOARDS MAKE-UP AND PRESCRIBE THE DUTIES AND POWERS OF THE BOARD; TO PROVIDE FOR A DIRECTOR AND OTHER STAFF FOR THE BOARD; TO PROVIDE THAT THE BOARD SHALL APPOINT THE DIRECTORS OF THE OFFICE OF INDIGENT APPEALS, THE OFFICE OF CAPITAL DEFENSE COUNSEL AND THE OFFICE OF CAPITAL POST-CONVICTION COUNSEL AND TO PROVIDE THAT THE BOARD SHALL PREPARE AND APPROVE THE BUDGETS OF SUCH OFFICES; TO REVISE COMPENSATION OF THE DIRECTORS OF SUCH OFFICES; TO REQUIRE THE BOARD TO ESTABLISH POLICIES, STANDARDS AND TRAINING REQUIREMENTS; TO AUTHORIZE THE ESTABLISHMENT OF DISTRICT INDIGENT DEFENDER OFFICES AND PROVIDE STAFFING THEREFOR; TO ADDRESS CONFLICT OF INTEREST SITUATIONS; TO REQUIRE COOPERATION WITH OTHER ENTITIES; TO REQUIRE THE BOARD TO ALLOCATE AND DISBURSE FUNDS; TO REQUIRE ANNUAL REPORTS AND RECORD KEEPING; TO AUTHORIZE PAYMENT OF PER DIEM AND EXPENSES TO BOARD MEMBERS; TO CREATE THE INDIGENT DEFENSE FUND AND PROVIDE FOR ITS ADMINISTRATION; TO REQUIRE PARTICIPATION BY ALL COUNTIES; TO AMEND SECTIONS 99-18-3, 99-18-9, 99-18-13, 99-18-17, 99-39-103, 99-39-109, 99-39-113, 99-39-117 AND 99-40-1, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO AMEND SECTION 99-19-73, MISSISSIPPI CODE OF 1972, TO PROVIDE CRIMINAL ASSESSMENTS TO FUND THE INDIGENT DEFENSE FUND; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is created the Mississippi Indigent Defense Board.
(2) The purpose of the board shall be to provide oversight and administrative support for the indigent defense delivery system in Mississippi to ensure the system can deliver effective, efficient, high quality, ethical and conflict-free representation to accused persons who cannot afford to hire an attorney and are entitled to appointment of counsel under the state or federal constitution or laws of this state. The state funded indigent defense programs shall also provide legal representation for any juvenile indigent person who upon a conviction of guilt or adjudication of delinquency could be subject to incarceration.
(3) The board shall consist of nine (9) voting members, each of whom shall serve until his successor shall be appointed and qualified. No active prosecutor or law enforcement professional may serve as a member of the board.
(4) The members of the board shall be selected as follows:
(a) The Governor shall appoint one (1) member whose initial term shall expire on September 30, 2010.
(b) The Lieutenant Governor shall appoint one (1) member whose initial term shall expire on September 30, 2010.
(c) The Speaker of the House of Representatives shall appoint one (1) member whose initial term shall expire on September 30, 2010.
(d) The Executive Director of the Mississippi Association of Supervisors shall appoint (1) member whose initial term shall expire on September 30, 2009.
(e) The Chief Justice of the Supreme Court of Mississippi shall appoint one (1) member whose initial term shall expire on September 30, 2009.
(f) The Mississippi Conference of Circuit Judges shall appoint one (1) member whose initial term shall expire on September 30, 2009.
(g) The Mississippi Council of Youth Court Judges shall appoint one (1) member whose initial term shall expire on September 30, 2008.
(h) The President of the Mississippi Public Defenders Association shall appoint one (1) member whose initial term shall expire on September 30, 2008.
(i) The President of the Magnolia Bar shall appoint one (1) member whose initial term shall expire on September 30, 2009. The successive term shall be filled by an appointee of the President of the Mississippi Bar Association. The appointments to this position shall alternate every term between the two (2) Bar Associations.
(j) The Chairman of the Senate Judiciary En Banc Committee, or his designee, and the Chairman of the House of Representatives Judiciary En Banc Committee, or his designee, shall serve as legislative liaisons and nonvoting members.
(5) Such selections and appointments shall be made by the respective appointing authorities not later than October 1, 2007. Vacancies on the board shall be filled by the respective selecting and appointing authorities. In the event that any selection or appointment is not timely made, the Chief Justice of the Supreme Court of the State of Mississippi shall make such selection or appointment, and any board member so appointed shall serve the remaining unexpired portion of the term for which he has been appointed. After the initial terms, all terms shall be three (3) years and shall commence on October 1 following the expiration of each prior term.
SECTION 2. The board shall employ a director and administrative assistant. The director shall be an attorney licensed to practice in the state courts of Mississippi and have a minimum of five (5) years legal experience in the area of criminal defense. The director shall be compensated at the maximum amount allowed by statute for a district attorney. The director shall be empowered to pay and disburse salaries, employment benefits and charges relating to employment of staff and to establish their salaries and expenses of the office; to incur and pay travel expenses of staff necessary for the performance of the duties of the office; to rent or lease office space as is necessary in the City of Jackson to accommodate the staff; to enter into and perform contracts and to purchase such necessary office supplies and equipment as may be needed for the proper administration of said office within the funds appropriated for such purpose; and to incur and pay such other expenses as are appropriate and customary to the operation of the office.
SECTION 3. Upon the expiration of the current terms of the directors of the Office of Indigent Appeals, the Office of Capital Defense Counsel and the Office of Capital Post-Conviction Counsel the Board shall appoint the directors of those offices under the same terms and conditions as are currently provided by law.
SECTION 4. The board shall prepare and approve the annual budget for the operation of the Office of Indigent Appeals; the Office of Capital Defense Counsel and the Office of Capital Post-Conviction Counsel, and to administer and oversee the implementation of each such budget.
SECTION 5. The board shall establish, implement and enforce policies and standards for a comprehensive and effective indigent defense system throughout the State of Mississippi, including, but not limited to: standards for determining who qualifies as an indigent person; standards for determining which districts should be served by an indigent defense office; standards for maximum caseloads for full-time and part-time indigent defenders to include a uniform definition of what constitutes a case; standards for minimum education, training and experience of attorneys appointed or employed as indigent defenders and to establish a reasonable hourly rate to be paid appointed attorneys and nonattorney members of the defense team.
SECTION 6. The board shall establish a Division of Indigent Defender Training. The mission of the Division of Indigent Defender Training shall be to work closely with the Mississippi Public Defenders Association to provide training and services to indigent defenders practicing in all state, county and municipal courts of Mississippi. These services shall include but may not be limited to continuing legal education, case updates and legal research for public defenders practicing in all state, county and municipal courts of Mississippi, as well as their support staff.
SECTION 7. Upon recommendation of the board and appropriation of funds by the Legislature, the circuit judge or senior circuit judge, if there be more than one (1) circuit judge, shall establish a district indigent defender office.
SECTION 8. (1) When the office of indigent defender is established, the circuit judge or senior circuit judge, if there be more than one (1) circuit judge, shall appoint a practicing attorney to serve as indigent defender until the end of the term of office of the district attorney and thereafter for a term of four (4) years and said term shall coincide with the term of the district attorney. The indigent defender may be removed from office by the circuit judge or senior circuit judge, if there be more than one (1) circuit judge, upon a finding that the indigent defender is not qualified under law including any rules or regulations established by the Indigent Defender Board under
authority of this act; has failed to perform the duties of the office; or has acted beyond the scope of the authority granted by law for the office.
(2) Such appointee shall be selected from a list of two (2) or more attorneys recommended by the Mississippi Indigent Defender Board. In the event a vacancy shall occur in the office of the indigent defender, the circuit judge or senior circuit judge if there be more than one (1) circuit judge, shall appoint another person from a new list of two (2) or more qualified attorneys recommended by the board to serve as indigent defender until the end of the regular term of office. In the event that a circuit judge does not make an appointment within four (4) months of having been provided the above described list of candidates, the board will select the district defender to fill the vacancy. The district indigent defender shall be compensated at ninety-five percent (95%) of the pay of the district attorney.
SECTION 9. Based on caseload standards set by the board, assistant indigent defenders may be authorized. The district indigent defender shall appoint all assistant indigent defenders. Such assistant indigent defenders shall be compensated according to the experience-based salary scale of the prosecutor's office. The indigent defender shall also be provided with office space, secretarial and investigative assistance, and all reasonable expenses of operating the office on a pro-rata basis with the district attorney. In no event shall there be more assistant district defenders appointed in any district than there are prosecutors in that same district.
SECTION 10. As an alternative to a defender office and for cases of conflict of interest with a defender office or excessive caseload of a defender office, the board shall maintain for each circuit court district a current list of private attorneys who are competent in the defense of criminal charges and are willing to accept appointments for individual representations, and who meet any other qualifications established by the board. The board shall maintain a separate list of attorney qualified to handle capital cases noting whether counsel is qualified to serve as lead counsel and a list of attorneys qualified to handle Youth Court cases. To these ends the board shall:
(a) Notify once a year all licensed attorneys residing in Mississippi by publication or otherwise that a list is being prepared and maintained of attorneys willing to represent indigent persons;
(b) Afford attorneys notified under this section a reasonable time to submit the information requested by the board;
(c) Prepare, certify and update annually a list of such attorneys for each circuit court district and provide such lists to each circuit, county and justice court judge;
(d) Recommend attorneys from this list for individual representations; and
(e) Ensure that all persons entitled to appointment of counsel have competent counsel assigned as soon as feasible after being taken into custody.
SECTION 11. The board shall cooperate with any individual, private or public agency, whether state, local or federal, or with any law school, public or private, or with any institution of higher learning, public or private, to obtain by gift, grant or otherwise any financial, professional, investigatory, training, educational or research or other assistance; provided, however, that any grants or any financial assistance whatever for the purpose herein set out shall be paid over to the board and administered by the board consistent with the provisions of the Chapter and the Rules and Regulations of the Mississippi Department of Finance and Administration.
SECTION 12. The board shall receive, allocate and disburse funds appropriated for the operation of the Office of Indigent Appeals; Office of Capital Defense Counsel and Office of Capital Post-Conviction Counsel, and to reallocate available resources as may be necessary to carryout and implement more effectively and efficiently the purposes and policies of this chapter.
SECTION 13. The board shall present an annual report which shall include a report of the operation of the indigent defender system in the State of Mississippi, and recommendations for improvement of the system; appear before and provide assistance to the Legislature and other relevant bodies regarding matters related to the indigent defender system.
SECTION 14. The board shall maintain records of the operation of the indigent defender system, including, but not limited to, the following:
(a) Detailed descriptions of each county's and district's indigent defender system;
(b) Caseloads of each indigent defender and number of cases assigned to private attorneys; and
(c) Expenditures on indigent defense in each county and district.
SECTION 15. The board shall adopt and promulgate reasonable and necessary rules and regulations, formally or informally, as may be appropriate, to perform its duties and powers hereunder, and to implement the provisions of this act; and to propose forms for the use of the courts, and other persons with powers and duties hereunder.
SECTION 16. Members of the board shall receive a per diem as provided in Section 25-3-69, Mississippi Code of 1972, for actual attendance upon meetings of the board, together with reimbursement for traveling and subsistence expenses incurred as provided in Section 25-3-41, Mississippi Code of 1972, except that members of the board who are members of the Legislature shall not receive per diem for attendance while the Legislature is in session and no member whose regular compensation is payable by the state or any political subdivision of the state shall receive per diem for attendance upon meetings of the board.
SECTION 17. There is created in the State Treasury a special fund to be known at the Indigent Defense Fund. The purpose of the fund shall be to provide funding for the Mississippi Indigent Defender Board; the Mississippi Office of Indigent appeals; the Mississippi Office of Capital Post-Conviction Counsel; the Mississippi Office of Capital Defense Counsel; any district indigent defender office established by the board and related purposes. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
(a) Monies appropriated by the Legislature for the purposes of funding the Mississippi Indigent Defender Board; the Mississippi Office of Indigent Appeals; the Mississippi Office of Capital Post-Conviction Counsel; and the Mississippi Office of Capital Defense Counsel;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73;
(d) Monies transferred to this fund from the counties;
(e) Monies received from the federal government;
(f) Donations; and
(g) Monies received from such other sources as may be provided by law.
SECTION 18. Each county shall pay annually into the Indigent Defense Fund an amount equal to its total actual expenses for indigent defense services in fiscal year 2007 (October 1, 2006 - September 30, 2007). For purposes of this section, "total actual expenses" includes all amounts paid by counties for attorneys, staff, investigators, expert witnesses, office space and expenses, and other related expenditures. Such transfers shall begin October 1, 2008, and shall be made in equal monthly installments deposited with the Treasurer of the State of Mississippi on or before the fifth day of each month.
SECTION 19. On and after October 1, 2008, the counties shall not be responsible for any costs of indigent defense beyond the amount as provided for in this act. Each county shall provide an accounting to the board of all fines and assessments collected from indigent defendants for the purpose of defraying the cost of court appointed counsel. If an annual collection exceeds the counties annual payment to the Indigent Defense Fund the excess amount shall be transferred to the fund. In no event shall the amount expended on indigent defense in a county be less than the counties contribution to the Indigent Defense Fund.
SECTION 20. Section 99-18-3, Mississippi Code of 1972, is amended as follows:
99-18-3. There is hereby created the Mississippi Office of Capital Defense Counsel. This office shall consist of four (4) attorneys, two (2) investigators, one (1) fiscal officer and two (2) secretaries/paralegals. One of these attorneys shall serve as director of the office. The director shall be appointed by the Mississippi Indigent Defense Board for a term of four (4) years or until a successor takes office. The remaining attorneys and other staff shall be appointed by the director of the office and shall serve at the will and pleasure of the director. The director and all other attorneys in the office shall be active members of The Mississippi Bar. The director may be removed by the Governor upon finding that the director is not qualified under law, has failed to perform the duties of the office, or has acted beyond the scope of the authority granted by law for the office.
SECTION 21. Section 99-18-9, Mississippi Code of 1972, is amended as follows:
99-18-9. The director appointed under this chapter shall be compensated at ninety-five percent (95%) of the amount allowed by statute for a district attorney, and other attorneys in the office shall be compensated at no more than the maximum amount allowed by statute for an assistant district attorney.
SECTION 22. Section 99-18-13, Mississippi Code of 1972, is amended as follows:
99-18-13. In addition to the authority to represent persons under indictment for death eligible offenses, the director is hereby empowered to pay and disburse salaries, employment benefits and charges relating to employment of staff and to establish their salaries and expenses of the office; to incur and pay travel expenses of staff necessary for the performance of the duties of the office; to rent or lease on such terms as he may think proper such office space as is necessary in the City of Jackson to accommodate the staff; to enter into and perform contracts and to purchase such necessary office supplies and equipment as may be needed for the proper administration of said offices within the funds appropriated for such purpose; and to incur and pay such other expenses as are appropriate and customary to the operation of the office. The Mississippi Indigent Defense Board shall prepare and approve the annual budget for the Office of Capital Defense Counsel.
SECTION 23. Section 99-18-17, Mississippi Code of 1972, is amended as follows:
99-18-17. (1) If at any time during the representation of two (2) or more defendants, the director determines that the interests of those persons are so adverse or hostile they cannot all be represented by the director or his staff without conflict of interest, or if the director shall determine that the volume or number of representations shall so require, the director in his sole discretion, notwithstanding any statute or regulation to the contrary, shall be authorized to employ qualified private counsel. Fees and expenses approved by order of the court of original jurisdiction, including investigative and expert witness expenses of such private counsel, shall be paid by funds appropriated to the Capital Defense Counsel Fund for this purpose.
(2) There is created in the State Treasury a special fund to be known as the Capital Defense Counsel Fund. The purpose of the fund shall be to provide funding for the Office of Capital Defense Counsel. Monies from the funds derived from assessments under Section 99-19-73 shall be distributed by the State Treasurer upon warrants issued by the Mississippi Office of Capital Defense Counsel. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
(a) Monies appropriated by the Legislature for the purposes of funding the Office of Capital Defense Counsel;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73;
(d) Monies received from the federal government;
(e) Donations; and
(f) Monies received from such other sources as may be provided by law.
(3) The Mississippi Indigent Defense Board shall prepare and approve the annual budget for the Office of Capital Defense Counsel.
SECTION 24. Section 99-39-103, Mississippi Code of 1972, is amended as follows:
99-39-103. There is created the Mississippi Office of Capital Post-Conviction Counsel. This office shall consist of three (3) attorneys, one (1) investigator, one (1) fiscal officer and one (1) secretary/paralegal. One of the attorneys shall serve as director of the office. The director shall be appointed by the Mississippi Indigent Defense Board, for a term of four (4) years, or until a successor takes office. The remaining attorneys and other staff shall be appointed by the director of the office and shall serve at the will and pleasure of the director. The director and all other attorneys in the office shall either be active members of The Mississippi Bar, or, if a member in good standing of the bar of another jurisdiction, must apply to and secure admission to The Mississippi Bar within twelve (12) months of the commencement of the person's employment by the office. At least three (3) of the attorneys in the office shall meet all qualifications necessary to serve as post-conviction counsel for persons under a sentence of death. The director may be removed from office by the Chief Justice upon finding that the director is not qualified under law to serve as post-conviction counsel for persons under sentences of death, has failed to perform the duties of the office or has acted beyond the scope of the authority granted by law for the office.
SECTION 25. Section 99-39-109, Mississippi Code of 1972, is amended as follows:
99-39-109. The director appointed under this article shall be compensated at ninety-five percent (95%) of the salary for a district attorney, and other attorneys in the office shall be compensated at no more than the maximum amount allowed by statute for an assistant district attorney.
SECTION 26. Section 99-39-113, Mississippi Code of 1972, is amended as follows:
99-39-113. In addition to the authority to represent persons under sentence of death in state post-conviction proceedings, the director is hereby empowered to pay and disburse salaries, employment benefits and charges relating to employment of staff and to establish their salaries and expenses of the office; to incur and pay travel expenses of staff necessary for the performance of the duties of the office; to rent or lease on such terms as he may think proper such office space as is necessary in the City of Jackson to accommodate the staff; to solicit and accept monies, gifts, grants or services from any public or private sources for the purpose of funding, operating and executing the statutory duties of the office; to enter into and perform contracts, including, but not limited to, contracts and agreements necessary to obtain and receive monies, gifts, grants or services from federal, public and private sources, and to purchase such necessary office supplies and equipment as may be needed for the proper administration of said offices; and to incur and pay such other expenses as are appropriate and customary to the operations of the office. The director shall be required to obtain a surety bond in the amount of not less than One Hundred Thousand Dollars ($100,000.00) payable to the state. The cost of such bond shall be paid out of funds appropriated for the operations of the office. All salaries and other expenditures shall be paid from funds appropriated for such purposes augmented by funds received as gifts and grants from public and private sources. The Mississippi Indigent Defense Board shall prepare and approve the annual budget for the Office of Capital Post-Conviction Counsel.
SECTION 27. Section 99-39-117, Mississippi Code of 1972, is amended as follows:
99-39-117. (1) If at any time during the representation of two (2) or more defendants, the director determines that the interest of those persons are so adverse or hostile that they cannot all be represented by the director or his staff without conflict of interest, or if the director shall determine that the volume or number of representations shall so require, the director, in his sole discretion, not withstanding any statute or regulation to the contrary, shall be authorized to employ qualified private counsel. Fees and expenses, approved by order of the appropriate court, including investigative and expert witness expenses of such private counsel shall be paid from funds appropriated to theCapital Post-Conviction Counsel Fund for this purpose.
(2) There is created in the State Treasury a special fund to be known as the Capital Post-Conviction Counsel Fund. The purpose of the fund shall be to provide funding for the Office of Capital Post-Conviction Counsel. Monies from the funds derived from assessments under Section 99-19-73 shall be distributed by the State Treasurer upon warrants issued by the Mississippi Office of Capital Post-Conviction Counsel. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
(a) Monies appropriated by the Legislature for the purposes of funding the Office of Capital Post-Conviction Counsel;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73;
(d) Monies received from the federal government;
(e) Donations; and
(f) Monies received from such other sources as may be provided by law.
(3) The Mississippi Indigent Defense Board shall prepare and approve the annual budget for the Office of Post-Conviction Counsel.
SECTION 28. Section 99-40-1, Mississippi Code of 1972, is amended as follows:
99-40-1. (1) There is created the Mississippi Office of Indigent Appeals. This office shall consist of six (6) attorneys, two (2) secretaries/paralegals and one (1) financial assistant. One (1) of the attorneys shall serve as director of the office. The director shall be appointed by the Mississippi Indigent Defense Board and shall serve for a term of four (4) years. The remaining attorneys and other staff shall be appointed by the director and shall serve at the will and pleasure of the director. The director and all other attorneys in the office shall either be active members of The Mississippi Bar, or, if a member in good standing of the bar of another jurisdiction, must apply to and secure admission to The Mississippi Bar within twelve (12) months of the commencement of the person's employment by the office. The attorneys in the office shall practice law exclusively for the office and shall not engage in any other practice. The office shall not engage in any litigation other than that related to the office. The salary for the director shall be equivalent to ninety-five percent (95%) of the salary of district attorneys and the salary of the other attorneys in the office shall be equivalent to the salary of an assistant district attorney.
(2) The office shall provide representation on appeal for indigent persons convicted of felonies but not under sentences of death. Representation shall be provided by staff attorneys, or, in the case of conflict or excessive workload, by attorneys selected, employed and compensated by the office on a contract basis. All fees charged by contract counsel and expenses incurred by attorneys in the office and contract counsel must be approved by the court. At the sole discretion of the director, the office may also represent indigent juveniles adjudicated delinquent on appeals from a county court or chancery court to the Mississippi Supreme Court and/or the Mississippi Court of Appeals. The office shall provide advice, education and support to attorneys representing persons under felony charges in the trial courts.
(3) There is created in the State Treasury a special fund to be known as the Indigent Appeals Fund. The purpose of the fund shall be to provide funding for the Mississippi Office of Indigent Appeals. Monies from the funds derived from assessments under Section 99-19-73 shall be distributed by the State Treasurer upon warrants issued by the Mississippi Office of Indigent Appeals. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
(a) Monies appropriated by the Legislature for the purposes of funding the Office of Indigent Appeals;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73;
(d) Monies received from the federal government;
(e) Donations; and
(f) Monies received from such other sources as may be provided by law.
SECTION 29. Section 99-19-73, Mississippi Code of 1972, is amended as follows:
99-19-73. (1) Traffic violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.) and offenses relating to vehicular parking or registration:
FUND AMOUNT
State Court Education Fund......................... $ 1.50
State Prosecutor Education Fund.................... 1.00
Vulnerable Adults Training,
Investigation and Prosecution Trust Fund...... .50
Child Support Prosecution Trust Fund............... .50
Driver Training Penalty Assessment Fund............ 7.00
Law Enforcement Officers Training Fund............. 5.00
Spinal Cord and Head Injury Trust Fund
(for all moving violations)................... 6.00
Emergency Medical Services Operating Fund.......... 15.00
Mississippi Leadership Council on Aging Fund....... 1.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund............... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.50
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
Capital Defense Counsel Fund....................... 1.89
Indigent Appeals Fund.............................. 2.29
Capital Post-Conviction Counsel Fund............... 2.33
Victims of Domestic Violence Fund.................. .49
Indigent Defense Fund.............................. 10.00
TOTAL STATE ASSESSMENT............................. $ 77.50
(2) Implied Consent Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.):
FUND AMOUNT
Crime Victims' Compensation Fund................... $ 10.00
State Court Education Fund......................... 1.50
State Prosecutor Education Fund.................... 1.00
Vulnerable Adults Training,
Investigation and Prosecution Trust Fund...... .50
Child Support Prosecution Trust Fund............... .50
Driver Training Penalty Assessment Fund............ 22.00
Law Enforcement Officers Training Fund............. 11.00
Emergency Medical Services Operating Fund.......... 15.00
Mississippi Alcohol Safety Education Program Fund.. 5.00
Federal-State Alcohol Program Fund................. 10.00
Mississippi Crime Laboratory
Implied Consent Law Fund...................... 25.00
Spinal Cord and Head Injury Trust Fund............. 25.00
Capital Defense Counsel Fund....................... 1.89
Indigent Appeals Fund.............................. 2.29
Capital Post-Conviction Counsel Fund............... 2.33
Victims of Domestic Violence Fund.................. .49
State General Fund................................. 35.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund.......................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.50
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
Indigent Defense Fund.............................. 10.00
TOTAL STATE ASSESSMENT............................. $201.50
(3) Game and Fish Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state:
FUND AMOUNT
State Court Education Fund......................... $ 1.50
State Prosecutor Education Fund.................... 1.00
Law Enforcement Officers Training Fund............. 5.00
Hunter Education and Training Program Fund......... 5.00
State General Fund................................. 30.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund.......................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.00
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
Capital Defense Counsel Fund....................... 1.89
Indigent Appeals Fund.............................. 2.29
Capital Post-Conviction Counsel Fund............... 2.33
Victims of Domestic Violence Fund.................. .49
Indigent Defense Fund.............................. 10.00
TOTAL STATE ASSESSMENT............................. $ 82.00
(4) Litter Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of Section 97-15-29 or 97-15-30:
FUND AMOUNT
Statewide Litter Prevention Fund................... $ 25.00
Indigent Defense Fund.............................. 10.00
TOTAL STATE ASSESSMENT............................. $ 35.00
(5) Other misdemeanors. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration:
FUND AMOUNT
Crime Victims' Compensation Fund................... $ 10.00
State Court Education Fund......................... 1.50
State Prosecutor Education Fund.................... 1.00
Vulnerable Adults Training,
Investigation and Prosecution Trust Fund...... .50
Child Support Prosecution Trust Fund............... .50
Law Enforcement Officers Training Fund............. 5.00
Capital Defense Counsel Fund....................... 1.89
Indigent Appeals Fund.............................. 2.29
Capital Post-Conviction Counsel Fund............... 2.33
Victims of Domestic Violence Fund.................. .49
State General Fund................................. 30.00
State Crime Stoppers Fund.......................... 1.50
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund.......................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.50
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 8.00
Judicial Performance Fund.......................... 2.00
Indigent Defense Fund.............................. 10.00
TOTAL STATE ASSESSMENT............................. $ 90.00
(6) Other felonies. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section:
FUND AMOUNT
Crime Victims' Compensation Fund................... $ 10.00
State Court Education Fund......................... 1.50
State Prosecutor Education Fund.................... 1.00
Vulnerable Adults Training,
Investigation and Prosecution Trust Fund...... .50
Child Support Prosecution Trust Fund............... .50
Law Enforcement Officers Training Fund............. 5.00
Capital Defense Counsel Fund....................... 1.89
Indigent Appeals Fund.............................. 2.29
Capital Post-Conviction Counsel Fund............... 2.33
Victims of Domestic Violence Fund.................. .49
State General Fund................................. 60.00
Criminal Justice Fund.............................. 50.00
Law Enforcement Officers and Fire Fighters Death
Benefits Trust Fund........................... .50
Law Enforcement Officers and Fire Fighters Disability
Benefits Trust Fund.......................... 1.00
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for legal
assistants to district attorneys.............. 1.50
Crisis Intervention Mental Health Fund............. 10.00
Drug Court Fund.................................... 10.00
Indigent Defense Fund.............................. 10.00
TOTAL STATE ASSESSMENT............................. $168.50
(7) If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court.
(8) After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section. The state assessments imposed under the provisions of this section may not be paid by personal check. It shall be the duty of the chancery clerk of each county to deposit all such state assessments collected in the circuit, county and justice courts in such county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in such county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in such county during such month. It shall be the duty of the municipal clerk of each municipality to deposit all such state assessments collected in the municipal court in such municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in such municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in such municipality during such month.
(9) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all such state assessments into the proper special fund in the State Treasury. The monthly deposit shall be based upon the number of violations reported under each subsection and the pro rata amount of such assessment due to the appropriate special fund. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these special funds.
(10) The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed. The Auditor shall provide in such regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which such defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the Auditor.
SECTION 30. This act shall take effect and be in force from and after July 1, 2007.