Senate Bill 2950

AN ACT TO AMEND SECTION 43-21-323, MISSISSIPPI CODE OF 1972, TO EXPAND THE DUTIES OF THE JUVENILE DETENTION FACILITIES MONITORING UNIT; TO REQUIRE THE UNIT TO INVESTIGATE AND INSPECT GROUP HOMES AND OTHER PUBLIC AND PRIVATE OUT-OF-HOME PLACEMENT FACILITIES, WHICH ARE IN ADDITION TO THE DETENTION FACILITIES AND THE TRAINING SCHOOL THAT THE UNIT CURRENTLY INSPECTS; TO PROVIDE CERTAIN DUTIES OF THE UNIT, WHICH INCLUDE SUBMITTING QUARTERLY REPORTS TO CERTAIN ELECTED OFFICIALS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 43-21-323, Mississippi Code of 1972, is amended as follows:

43-21-323. (1) There is established the Juvenile Detention Facilities Monitoring Unit within the Department of Public Safety to work in cooperation with the Juvenile Justice Advisory Committee described in Section 45-1-33. The unit shall be responsible for investigating, evaluating and securing the rights of children held in detention centers, training schools, group homes, county jails and other public and private out-of-home placement facilities throughout the state to ensure that the facilities operate in compliance with national best practices and state and federal law. The inspections by the unit shall encompass the following:

(a) To review and evaluate (i) all procedures set by detention centers, training schools, group homes, county jails and other public and private out-of-home placement facilities and (ii) all records containing * * * information related to the operations of the detention centers, training schools, group homes, county jails and other public and private out-of-home placement facilities;

(b) To review and investigate all complaints filed with the monitoring unit concerning children's treatment in detention centers, training schools, group homes, county jails and other public and private out-of-home placement facilities;

(c) To conduct quarterly monitoring visits of all detention centers, training schools, group homes, county jails and other public and private out-of-home placement facilities and other facilities that hold children accused of criminal acts, delinquent offenses or status offenses. The monitor shall have unaccompanied access to an entire facility and shall conduct confidential interviews with youth and facility staff;

(d) To provide assistance to a child or family who the monitor determines is in need of assistance including advocating with an agency, provider or other person who shall work in the best interest of the child;

(e) To provide technical assistance and advice to juvenile detention facilities, which will assist the facilities in complying with state and federal law.

To carry out the duties in this subsection (1) a monitor may contract or consult with an administrator, employee, child, parent, expert or other individual in the course of monitoring or investigating. In addition, the monitor may review court documents and other confidential records as necessary to fulfill these duties.

(2) Additional duties of the monitoring unit are as follows:

(a) To require monitors to submit on a quarterly basis to the Governor, Lieutenant Governor and each member of the Legislature and each member of a county board of supervisors, a report that describes:

(i) The work of the monitoring unit;

(ii) The results of any review or investigation undertaken by the monitoring unit;

(iii) Any allegations of abuse or injury of a child; and

(iv) Any problems concerning the administration of a detention center or out-of-home placement facility.

The reports described in this subsection shall keep the names of all children, parents and employees confidential.

(b) To require monitors to promote awareness among the public and the children held in detention and in out-of-home placement facilities of the following:

(i) How the monitoring unit may be contacted;

(ii) The purpose of the monitoring unit; and

(iii) The services that the monitoring unit provides.

(3) The records of a monitor shall be confidential. Any child, staff member, parent or other interested individual may communicate to a monitor in person, by mail, by phone, or any other means. All communications shall be kept confidential and privileged.

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