MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Drug Policy

By: Senator(s) Simmons

Senate Bill 2116

AN ACT TO AMEND SECTION 9-23-9, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE DRUG COURT ADVISORY COMMITTEE TO DEVELOP A PLAN TO ESTABLISH DRUG COURTS IN COUNTY COURTS, JUSTICE COURTS AND MUNICIPAL COURTS; AND FOR RELATED PURPOSES.

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

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

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

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

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

     (4)  The State Drug Court Advisory Committee shall establish through rules and regulations a viable and fiscally responsible plan to expand the number of adult and juvenile drug court programs operating in Mississippi.  These rules and regulations shall include plans to increase participation in existing and future programs while maintaining their voluntary nature.

     (5)  The State Drug Court Advisory Committee shall develop a plan to establish drug courts in the county courts, justice courts and municipal courts.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2010.