Senate Bill 2968

AN ACT TO AMEND SECTION 43-21-803, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY PROGRAMS THAT ARE FUNDED BY THE TONY GOBAR INDIVIDUALIZED ASSESSMENT AND COMPREHENSIVE COMMUNITY INTERVENTION INITIATIVE (IACCII) PROGRAM SHALL EMPHASIZE PARENTAL ACCOUNTABILITY OR PARENTING CLASSES; TO PROVIDE THAT THE LEGISLATURE SHALL ENSURE THAT AT LEAST 50% OF THE GENERAL FUNDS THAT ARE SAVED FROM THE CLOSURE OR DOWNSIZING OF OAKLEY TRAINING SCHOOL SHALL BE DEPOSITED INTO THE FUND OF THE IACCII PROGRAM; TO PROVIDE FOR CERTAIN USES OF THE DEPOSITED FUNDS; TO REQUIRE EACH COUNTY TO HAVE ACCESS TO AN IACCII PROGRAM BY THE YEAR 2015; TO EXTEND THE DATE OF REPEAL ON THIS SECTION FROM JULY 1, 2012, TO JULY 1, 2015; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 43-21-803, Mississippi Code of 1972, is amended as follows:

43-21-803. (1) There is established the Tony Gobar Individualized Assessment and Comprehensive Community Intervention Initiative (IACCII) Program for the purposes of:

(a) (i) Providing comprehensive strength-based needs assessments, individualized treatment plans and community-based services for certain youth who would otherwise be committed to the training schools. The IACCII ensures that youth and their families can access necessary services available in their home communities; and

(ii) Funding state run programs and/or 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 paragraph, 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, and each program shall emphasize parental accountability or parenting classes.

(b) Programs established pursuant to this subsection must not duplicate existing programs or services and must incorporate best practices principles and positive behavioral interventions. The Department of Human Services shall have sole authority and power to determine the programs to be funded pursuant to this section.

(2) A faith-based or nonprofit 501(c)(3) must submit an application to the Department of Human Services. 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 Human Services.

(3) The Department of Human Services 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) (a) There is created in the State Treasury a special fund to be designated as the "Tony Gobar 'IACCII' 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 Division of Youth Services for the purposes described in this section.

(b) The Legislature shall ensure that at least fifty percent (50%) of the general funds saved from the closure or downsizing of Oakley Training School shall be deposited into the IACCII Funds. These funds shall be used to ensure that the three (3) counties that have committed the largest number of high-risk youth to Oakley Training School during the past three (3) years shall have an IACCII program operational by December 31, 2010. The Division of Youth Services shall determine which counties are eligible for the immediate IACCII expansion by correlating the number of youth each county has committed to Oakley during the past three (3) years with the scores each committed youth received on the Youth Assessment Screening Instrument (YASI).

(c) (i) During the regular legislative session held in calendar year 2007, the Legislature may appropriate an amount not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Tony Gobar "IACCII" Fund.

(ii) During each regular legislative session subsequent to the 2007 Regular Session, the Legislature shall appropriate Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Tony Gobar "IACCII" Fund.

(5) By July 1, 2015, each county shall have access to an IACCII program.

(6) This section shall stand repealed from and after July 1, 2015.

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