MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Juvenile Justice
By: Representatives Banks, Hines
AN ACT TO CREATE THE JUVENILE DETENTION REFORM ACT OF 2011; TO AMEND SECTION 43-21-301, MISSISSIPPI CODE OF 1972, TO REQUIRE A YOUTH COURT JUDGE OR HIS DESIGNEE TO ISSUE AN ORDER BEFORE A CHILD MAY BE TAKEN INTO CUSTODY; TO REQUIRE THAT A VALIDATED RISK ASSESSMENT INSTRUMENT BE COMPLETED WHEN CUSTODY IS NECESSARY; TO PROHIBIT THE HOLDING OF A CERTAIN STATUS OFFENDER FOR MORE THAN 24 HOURS; TO PROVIDE THAT BY A CERTAIN DATE, EACH YOUTH COURT MUST DEVELOP OR ADOPT A CERTAIN VALIDATED RISK ASSESSMENT INSTRUMENT; TO AMEND SECTION 43-21-321, MISSISSIPPI CODE OF 1972, TO REQUIRE EACH JUVENILE DETENTION CENTER TO BE LICENSED ON A YEARLY BASIS BY THE DEPARTMENT OF PUBLIC SAFETY; TO PROVIDE THAT SUCH LICENSING REQUIREMENTS BE MADE BY THE JUVENILE DETENTION ALTERNATIVES TASK FORCE; TO REQUIRE CERTAIN STANDARDS FOR JUVENILE DETENTION CENTERS REGARDING DETAINING YOUTH IN LOCKED CELLS; TO AMEND SECTION 43-21-323, MISSISSIPPI CODE OF 1972, TO REQUIRE THE JUVENILE DETENTION FACILITIES MONITORING UNIT TO LICENSE DETENTION CENTERS; TO ESTABLISH THE JUVENILE DETENTION ALTERNATIVES TASK FORCE AND TO PRESCRIBE ITS MEMBERSHIP AND DUTIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-21-301, Mississippi Code of 1972, is amended as follows:
43-21-301. (1) No court other than the youth court shall issue an arrest warrant or custody order for a child in a matter in which the youth court has exclusive original jurisdiction but shall refer the matter to the youth court.
(2) Except as otherwise provided, no child in a matter in which the youth court has exclusive original jurisdiction shall be taken into custody by a law enforcement officer, the Department of Human Services, or any other person unless the judge or his designee has issued a custody order to take the child into custody.
(3) No child shall be admitted into custody without an order from the judge or his designee. An order from the judge or his designee may require the Department of Human Services, or any suitable person to take a child into custody for a period not longer than forty-eight (48) hours, excluding Saturdays, Sundays, and statutory state holidays if it appears that there is probable cause to believe that:
(a) The child is within the jurisdiction of the court; and
(b) A validated risk assessment instrument has been completed and a determination has been made that custody is necessary; custody shall be deemed necessary:
(i) When a child is endangered or any person would be endangered by the child; or
(ii) To insure the child's attendance in court at such time as required.
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(c) There is no reasonable alternative to custody.
(4) The judge or his designee may order, orally or in writing, the immediate release of any child in the custody of any person or agency. Custody orders as provided by this chapter and authorizations of temporary custody may be written or oral, but, if oral, reduced to writing as soon as practicable. The written order shall:
(a) Specify the name and address of the child, or, if unknown, designate him or her by any name or description by which he or she can be identified with reasonable certainty;
(b) Specify the age of the child, or, if unknown, that he or she is believed to be of an age subject to the jurisdiction of the youth court;
(c) Except in cases where the child is alleged to be a delinquent child or a child in need of supervision, state that the effect of the continuation of the child's residing within his or her own home would be contrary to the welfare of the child, that the placement of the child in foster care is in the best interests of the child, and unless the reasonable efforts requirement is bypassed under Section 43-21-603(7)(c), also state that (i) reasonable efforts have been made to maintain the child within his or her own home, but that the circumstances warrant his removal and there is no reasonable alternative to custody; or (ii) the circumstances are of such an emergency nature that no reasonable efforts have been made to maintain the child within his own home, and that there is no reasonable alternative to custody. If the court makes a finding in accordance with (ii) of this paragraph, the court shall order that reasonable efforts be made towards the reunification of the child with his or her family.
(d) State that the child shall be brought immediately before the youth court or be taken to a place designated by the order to be held pending review of the order;
(e) State the date issued and the youth court by which the order is issued; and
(f) Be signed by the judge or his designee with the title of his office.
(5) The taking of a child into custody shall not be considered an arrest except for evidentiary purposes.
(6) (a) No child who has been accused or adjudicated of any offense that would not be a crime if committed by an adult shall be placed in an adult jail or lockup. * * * A status offender may be held in secure detention for violating a valid court order pursuant to the criteria as established by the federal Juvenile Justice and Delinquency Prevention Act of 2002, and any subsequent amendments thereto, and out-of-state runaways may be detained pending return to their home state.
(b) No accused or adjudicated juvenile offender, except for an accused or adjudicated juvenile offender in cases where jurisdiction is waived to the adult criminal court, shall be detained or placed into custody of any adult jail or lockup for a period in excess of six (6) hours.
(c) If any county violates the provisions of paragraph (a) or (b) of this subsection, the state agency authorized to allocate federal funds received pursuant to the Juvenile Justice and Delinquency Prevention Act of 1974, 88 Stat. 2750 (codified in scattered Sections of 5, 18, 42 USCS), shall withhold the county's share of such funds.
(d) Any county that does not have a facility in which to detain its juvenile offenders in compliance with the provisions of paragraphs (a) and (b) of this subsection may enter into a contractual agreement with any county or municipality that does have such a facility, or with the State of Mississippi, or with any private entity that maintains a juvenile correctional facility, or with the State of Mississippi, to detain or place into custody the juvenile offenders of the county not having such a facility.
(e) By July 1, 2015, each youth court shall have either (i) developed its own validated risk assessment instrument based on national best practices or (ii) adopted the risk assessment instrument developed by the state-wide Juvenile Detention Alternatives Task Force. Until the date prescribed in this subsection, youth courts shall not be required to make custody decisions after the completion of a validated risk assessment instrument.
SECTION 2. Section 43-21-321, Mississippi Code of 1972, is amended as follows:
43-21-321. (1) All juveniles shall undergo a health screening within one (1) hour of admission to any juvenile detention center, or as soon thereafter as reasonably possible. Information obtained during the screening shall include, but shall not be limited to, the juvenile's:
(a) Mental health;
(b) Suicide risk;
(c) Alcohol and other drug use and abuse;
(d) Physical health;
(e) Aggressive behavior;
(f) Family relations;
(g) Peer relations;
(h) Social skills;
(i) Educational status; and
(j) Vocational status.
(2) If the screening instrument indicates that a juvenile is in need of emergency medical care or mental health intervention services, the detention staff shall refer those juveniles to the proper health care facility or community mental health service provider for further evaluation, as soon as reasonably possible. If the screening instrument, such as the Massachusetts Youth Screening Instrument version 2 (MAYSI-2) or other comparable mental health screening instrument indicates that the juvenile is in need of emergency medical care or mental health intervention services, the detention staff shall refer the juvenile to the proper health care facility or community mental health service provider for further evaluation, recommendation and referral for treatment, if necessary, within forty-eight (48) hours, excluding Saturdays, Sundays and statutory state holidays.
(3) All juveniles shall receive a thorough orientation to the center's procedures, rules, programs and services. The intake process shall operate twenty-four (24) hours per day.
(4) The directors of all of the juvenile detention centers shall amend or develop written procedures for admission of juveniles who are new to the system. These shall include, but are not limited to, the following:
(a) Determine that the juvenile is legally committed to the facility;
(b) Make a complete search of the juvenile and his possessions;
(c) Dispose of personal property;
(d) Require shower and hair care, if necessary;
(e) Issue clean, laundered clothing, as needed;
(f) Issue personal hygiene articles;
(g) Perform medical, dental and mental health screening;
(h) Assign a housing unit for the juvenile;
(i) Record basic personal data and information to be used for mail and visiting lists;
(j) Assist juveniles in notifying their families of their admission and procedures for mail and visiting;
(k) Assign a registered number to the juvenile; and
(l) Provide written orientation materials to the juvenile.
(5) If a student's detention will cause him or her to miss one or more days of school the detention center staff shall notify school district officials where the detainee last attended school by the first school day following the student's placement in the facility. Detention center staff shall not disclose youth court records to the school district, except as provided by Section 43-21-261.
(6) By July 1, 2015, no juvenile detention center shall house youth unless it obtains a license from the Department of Public Safety. Each juvenile detention center shall be licensed on a yearly basis. Licensing requirements shall be established by the Juvenile Detention Alternatives Task Force. Licensing requirements shall be based on national best practices and shall incorporate the following minimum standards:
(a) Each center shall have a manual that states the policies and procedures for operating and maintaining the facility, and the manual shall be reviewed annually and revised as needed;
(b) Each center shall have a policy that specifies support for a drug-free workplace for all employees, and the policy shall, at a minimum, include the following:
(i) The prohibition of the use of illegal drugs;
(ii) The prohibition of the possession of any illegal drugs except in the performance of official duties;
(iii) The procedure used to ensure compliance with a drug-free workplace policy;
(iv) The opportunities available for the treatment and counseling for drug abuse; and
(v) The penalties for violation of the drug-free workplace policy;
(c) Each center shall have a policy, procedure and practice that ensures that personnel files and records are current, accurate and confidential;
(d) Each center shall promote the safety and protection of juvenile detainees from personal abuse, corporal punishment, personal injury, disease, property damage and harassment;
(e) Each center shall have written policies that allow for mail and telephone rights for juvenile detainees, and the policies are to be made available to all staff and reviewed annually;
(f) Center food service personnel shall implement sanitation practices based on State Department of Health food codes;
(g) Each center shall provide juveniles with meals that are nutritionally adequate and properly prepared, stored and served according to the State Department of Health food codes;
(h) Each center shall offer special diet food plans to juveniles under the following conditions:
(i) When prescribed by appropriate medical or dental staff; or
(ii) As directed or approved by a registered dietitian or physician; and
(iii) As a complete meal service and not as a supplement to or choice between dietary meals and regular meals;
(i) Each center shall serve religious diets when approved and petitioned in writing by a religious professional on behalf of a juvenile and approved by the juvenile detention center director;
(j) Juvenile detention center directors shall provide a written method of ensuring regular monitoring of daily housekeeping, pest control and sanitation practices, and centers shall comply with all federal, state and local sanitation and health codes;
(k) Juvenile detention center staff shall screen detainees for medical, dental and mental health needs during the intake process. If medical, dental or mental health assistance is indicated by the screening, or if the intake officer deems it necessary, the detainee shall be provided access to appropriate health care professionals for evaluation and treatment. Youth who are held less than seventy-two (72) hours shall receive treatment for emergency medical, dental or mental health assistance or chronic conditions if a screening indicates such treatment is needed. A medical history of all detainees shall be completed by the intake staff of the detention center immediately after arrival at the facility by using a medical history form which shall include, but not be limited to, the following:
(i) Any medical, dental and mental health treatments and medications the juvenile is taking;
(ii) Any chronic health problems such as allergies, seizures, diabetes, hearing or sight loss, hearing conditions or any other health problems; and
(iii) Documentation of all medications administered and all health care services rendered;
(l) Juvenile detention center detainees shall be provided access to medical care and treatment while in custody of the facility;
(m) Each center shall provide reasonable access by youth services or county counselors for counseling opportunities. The youth service or county counselor shall visit with detainees on a regular basis;
(n) Juvenile detention center detainees shall be referred to other counseling services when necessary including: mental health services; crisis intervention; referrals for treatment of drugs and alcohol and special offender treatment groups;
(o) Each center shall have a policy that provides for a schedule that provides detained youth with at least sixteen (16) hours of structured activities that occur outside of a locked cell every day, including weekends and holidays;
(p) Each center shall have a policy that restricts the time a youth can be confined to a locked cell to the following circumstances:
(i) When a youth is sleeping or sick;
(ii) When a youth is on punishment;
(iii) When there is an emergency that poses an imminent threat to the security of the center;
(iv) When the youth has voluntarily requested cell confinement; or
(v) When the youth is placed in protective custody because of an imminent threat to his safety and no less restrictive alternative exits;
(q) Local school districts shall work collaboratively with juvenile detention center staff to provide special education services as required by state and federal law. Upon the written request of the youth court judge for the county in which the detention center is located, a local school district in the county in which the detention center is located, or a private provider agreed upon by the youth court judge and sponsoring school district, shall provide a certified teacher to provide educational services to detainees. The youth court judge shall designate said school district which shall be defined as the sponsoring school district. The local home school district shall be defined as the school district where the detainee last attended prior to detention. Teacher selection shall be in consultation with the youth court judge. The Legislature shall annually appropriate sufficient funds for the provision of educational services, as provided under this section, to detainees in detention centers;
(r) The sponsoring school district, or a private provider agreed upon by the youth court judge and sponsoring school district, shall be responsible for providing the necessary instructional program for the student. After forty-eight (48) hours of detention, excluding legal holidays and weekends, the detainee shall receive the following services which may be computer-based:
(i) Diagnostic assessment of grade-level mastery of reading and math skills;
(ii) Individualized instruction and practice to address any weaknesses identified in the assessment conducted under subparagraph (i), provided such detainee is in the center for more than forty-eight (48) hours; and
(iii) Character education to improve behavior;
(s) No later than the tenth day of detention, the detainee shall begin an extended detention education program. A team consisting of a certified teacher provided by the local sponsoring school district or a private provider agreed upon by the youth court judge and sponsoring school district, the appropriate official from the local home school district, and the youth court counselor or representative will develop an individualized education program for the detainee, where appropriate as determined by the teacher of the sponsoring school district, or a private provider agreed upon by the youth court judge and sponsoring school district. The detainee's parent or guardian shall participate on the team unless excused by the youth court judge. Failure of any party to participate shall not delay implementation of this education program;
(t) The sponsoring school district, or a private provider agreed upon by the youth court judge and sponsoring school district, shall provide the detention center with an appropriate and adequate computer lab to serve detainees. The Legislature shall annually appropriate sufficient funds to equip and maintain the computer labs. The computer lab shall become the property of the detention centers and the sponsoring school districts shall maintain and update the labs;
(u) The Mississippi Department of Education will collaborate with the appropriate state and local agencies, juvenile detention centers and local school districts to ensure the provision of educational services to every student placed in a juvenile detention center. Such services may include, but not be limited to: assessment and math and reading instruction, character education and behavioral counseling. The Mississippi Department of Education shall work with the appropriate state and local agencies, juvenile detention centers and local school districts to annually determine the proposed costs for educational services to youth placed in juvenile detention centers and annually request sufficient funding for such services as necessary;
(v) Recreational services shall be made available to juvenile detainees for purpose of physical exercise;
(w) Juvenile detention center detainees shall have the opportunity to participate in the practices of their religious faith as long as such practices do not violate facility rules and are approved by the director of the juvenile detention center;
(x) Each center shall provide sufficient space for a visiting room, and the facility shall encourage juveniles to maintain ties with families through visitation, and the detainees shall be allowed the opportunity to visit with the social workers, counselors and lawyers involved in the juvenile's care;
(y) Juvenile detention centers shall ensure that staffs create transition planning for youth leaving the facilities. Plans shall include providing the youth and his or her parents or guardian with copies of the youth's detention center education and health records, information regarding the youth's home community, referrals to mental and counseling services when appropriate, and providing assistance in making initial appointments with community service providers; the transition team will work together to help the detainee successfully transition back into the home school district once released from detention. The transition team will consist of a certified teacher provided by the local sponsoring school district, or a private provider agreed upon by the youth court judge and sponsoring school district, the appropriate official from the local home school district, the school attendance officer assigned to the local home school district, and the youth court counselor or representative. The detainee's parent or guardian shall participate on the team unless excused by the youth court judge. Failure of any party to participate shall not delay implementation of this education program; and
(z) The Juvenile Detention Facilities Monitoring Unit shall monitor the detention facilities for compliance with these minimum standards, and no child shall be housed in a detention facility the monitoring unit determines is substantially out of compliance with the standards prescribed in this subsection.
(7) Programs and services shall be initiated for all juveniles once they have completed the admissions process.
(8) Programs and professional services may be provided by the detention staff, youth court staff or the staff of the local or state agencies, or those programs and professional services may be provided through contractual arrangements with community agencies.
(9) Persons providing the services required in this section must be qualified or trained in their respective fields.
(10) All directors of juvenile detention centers shall amend or develop written procedures to fit the programs and services described in this section.
SECTION 3. 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 and to license the juvenile detention centers as provided in Section 43-31-321. The unit shall be responsible for investigating, evaluating and securing the rights of children held in juvenile justice facilities, including detention centers, training schools and group homes throughout the state to ensure that the facilities operate in compliance with national best practices and state and federal law. On an annual basis, the unit shall also be responsible for evaluating each juvenile detention center to determine whether it meets licensing requirements and shall sanction noncompliance juvenile detention centers in accordance with the standards promulgated by the Juvenile Detention Alternatives Task Force. The monitoring unit shall only monitor group homes that serve as a dispositional placement for delinquent youth pursuant to Section 41-21-605. Nothing in this section shall be construed as giving the monitoring unit authority to monitor foster care or shelter care placements. All monitors shall be employees of the Department of Public Safety. The inspections by the unit shall encompass the following:
(a) To review and evaluate (i) all procedures set by detention centers, training schools and group homes and (ii) all records containing information related to the operations of the detention centers, training schools and group homes;
(b) To review and investigate all complaints filed with the monitoring unit concerning children's treatment in detention centers, training schools and group homes;
(c) To conduct quarterly monitoring visits of all detention centers, training schools and group homes. The monitor shall have access to an entire facility and shall conduct confidential interviews with youth and facility staff;
(d) To advise a facility on how to meet the needs of children who require immediate attention;
(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 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 make available 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.
The reports described in this subsection shall keep the names of all children, parents and employees confidential.
(b) To promote awareness among the public and the children held in detention by providing 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, except that the youth court and the facility shall have access to such records, but the identity of reporters shall remain confidential.
SECTION 4. (1) There is established the Juvenile Detention Alternatives Task Force. The purpose of the task force is to support the expansion of the Ann E. Casey Foundation's Juvenile Detention Alternatives (JDAI) throughout the state. The task force shall be composed of the following members:
(a) The Attorney General, or his designee;
(b) The Executive Director of The Department of Human Services, or his designee;
(c) A representative from the Juvenile Facilities Monitoring Unit;
(d) Two (2) youth court judges appointed by the Mississippi Council on Youth Court Judges;
(e) A representative from the Mississippi Sherriff's Association;
(f) A representative from the Mississippi Prosecutor's Association;
(g) A representative from the Mississippi Public Defenders Association;
(h) A representative from the Southern Poverty Law Center;
(i) Two (2) representatives from the Mississippi Coalition for the Prevention of Schoolhouse to Jailhouse;
(j) Three (3) representatives from counties of this state that are engaged in the Juvenile Detention Alternatives Initative, to be appointed by Mississippi's state-wide coordinator of the Juvenile Detention Alternatives Initative.
(2) All members of the task force must be appointed within thirty (30) days of the effective date of this act. The task force shall hold its first meeting no later than September 1, 2011, on the call of the Attorney General, or his designee, who shall serve as the chairman of the task force. At its first meeting, the task force shall elect a vice chairperson from its membership and shall adopt rules for transacting its business and the keeping of its records.
(3) (a) On or before December 31, 2011, the task force shall issue a report to the Legislature and to every county youth court judge that includes the following:
(b) A validated risk assessment instrument that could be adopted to the specific needs of each county within the state;
(c) A plan for increasing the availability of community-based alternatives that will reduce the use of secure detention and reduce the use of detention as a disposition throughout the state;
(d) A plan for supporting the expansion of the JDAI throughout the state; and
(e) A plan for a state-wide data collection system.
(4) On or before December 31, 2011, the task force shall promulgate licensing standards for each juvenile detention center in the state. The Department of Public Safety shall issue these standards in accordance with the Administrative Procedures Act.
(5) Before issuing its standards and report, the task force shall hold at least two (2) public meetings during which it will seek input from representatives of the Annie E. Casey Foundation and Mississippi-based juvenile justice stakeholders, including families involved with the juvenile justice system, mental health and education professionals, law enforcement and the academic community.
(6) The task force shall be assigned to the Office of Youth Services of the Department of Human Services for administrative purposes only, and the Office of Youth Services shall designate staff to assist the task force. The task force may solicit grants, donations and other funds, and may accept and expend any funds that are made available to the task force to carry out its purpose; however, no state general funds may be used to pay any expenses of the task force.
(7) Upon presentation of its report and the issuing of its standards, the task force shall be dissolved.
SECTION 5. This act shall take effect and be in force from and after July 1, 2011.