Senate Bill 2970

AN ACT TO AMEND SECTIONS 43-21-801 AND 43-21-803, MISSISSIPPI CODE OF 1972, TO REQUIRE THE APPROPRIATION OF $5,000,000.00 FOR COMMUNITY BASED SANCTIONS AND ALTERNATIVES TO INCARCERATION; AND FOR RELATED PURPOSES.

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

SECTION 1. 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) The Legislature shall appropriate Three Million Dollars ($3,000,000.00) to the Youth Court Incarceration Alternatives Fund in the 2007 Regular Session.

SECTION 2. 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) The Legislature shall appropriate Two Million Dollars ($2,000,000.00) to the Tony Gobar Juvenile Justice Alternative Sanctions Fund in the 2007 Regular Session.

SECTION 3. This act shall take effect and be in force from and after passage.