MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary A
By: Representative Gibbs
AN ACT TO AMEND SECTIONS 43-21-303 AND 43-21-311, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT LAW ENFORCEMENT CONTACT THE PARENT, GUARDIAN OR CUSTODIAN OF ANY CHILD WHO IS 17 YEARS OF AGE OR YOUNGER BEFORE THE CHILD MAY BE INTERROGATED WHEN THE CHILD IS TAKEN INTO CUSTODY; TO PROVIDE AN EXCEPTION TO SUCH REQUIREMENT WHEN THE CHILD IS ENDANGERED BY THE PARENT, GUARDIAN OR CUSTODIAN; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-21-303, Mississippi Code of 1972, is amended as follows:
43-21-303. (1) No child in a matter in which the youth court has original exclusive jurisdiction shall be taken in custody by any person without a custody order except that:
(a) A law enforcement officer may take a child in custody if:
(i) Grounds exist for the arrest of an adult in identical circumstances; and
(ii) Such law enforcement officer has probable cause to believe that custody is necessary as defined in Section 43-21-301(3)(b); and
(iii) Such law enforcement officer can find no reasonable alternative to custody; or
(b) A law enforcement officer or an agent of the Department of Human Services may take a child into custody if:
(i) There is probable cause to believe that the child is in immediate danger of personal harm; and
(ii) Such law enforcement officer or agent has probable cause to believe that immediate custody is necessary as defined in Section 43-21-301(3)(b); and
(iii) Such law enforcement officer or agent can find no reasonable alternative to custody;
(c) Any other person may take a child in custody if grounds exist for the arrest of an adult in identical circumstances. Such other person shall immediately surrender custody of the child to the proper law enforcement officer who shall thereupon continue custody only as provided in subsection (1)(a) of this section.
(2) When it is necessary to take a child into custody, the least restrictive custody should be selected.
(3) Unless the child is immediately released, the person taking the child into custody shall immediately notify the judge or his designee. Except when a child is endangered by a parent, guardian or custodian, before any interrogation may take place of a child who is seventeen (17) years of age or younger, law enforcement shall notify the child's parent, guardian or custodian and shall require the parent, guardian or custodian to be present during any questioning.
(4) A child taken into custody shall not be held in custody for a period longer than reasonably necessary, but not to exceed twenty-four (24) hours, and shall be released to his parent, guardian or custodian unless the judge or his designee authorizes temporary custody.
SECTION 2. Section 43-21-311, Mississippi Code of 1972, is amended as follows:
43-21-311. (1) When a child is taken into custody, he shall immediately be informed of:
(a) The reason for his custody;
(b) The time within which review of the custody shall be held;
(c) His rights during custody including his right to counsel;
(d) All rules and regulations of the place at which he is held;
(e) The time and place of the detention hearing when the time and place is set; and
(f) The conditions of his custody which shall be in compliance with the detention requirements provided in Section 43-21-301(6).
These rights shall be posted where the child may read them, and such rights must be read to the child when he or she is taken into custody.
(2) When a child is taken into custody, the child may immediately telephone his parent, guardian or custodian; his counsel; and personnel of the youth court. Thereafter, he shall be allowed to telephone his counsel or any personnel of the youth court at reasonable intervals. Unless the judge or his designee finds that it is against the best interest of the child, he may telephone his parent, guardian or custodian at reasonable intervals.
(3) When a child is taken into custody, the child may be visited by his counsel and authorized personnel of the youth court at any time. Unless the judge or his designee finds it to be against the best interest of the child, he may be visited by his parent, guardian or custodian during visiting hours which shall be regularly scheduled at least three (3) days per week. The youth court may establish rules permitting visits by other persons.
(4) (a) Except for the child's counsel, guardian ad litem and authorized personnel of the youth court, no person shall interview or interrogate a child held in a detention or shelter facility unless approval therefor has first been obtained from the judge or his designee. When a child in a detention or shelter facility is represented by counsel or has a guardian ad litem, no person may interview or interrogate the child concerning the violation of a state or federal law, or municipal or county ordinance by the child unless in the presence of his counsel or guardian ad litem or with their consent.
(b) Except when a child is endangered by a parent, guardian or custodian, before any interrogation may take place of a child who is in detention and who is seventeen (17) years of age or younger, law enforcement shall notify the child's parent, guardian or custodian and shall require the parent, guardian or custodian to be present during any questioning.
SECTION 3. This act shall take effect and be in force from and after July 1, 2011.