MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Judiciary, Division B
By: Senator(s) Powell
AN ACT TO AMEND SECTION 9-23-11, MISSISSIPPI CODE OF 1972 TO PROVIDE THAT A DRUG COURT JUDGE MAY ASSESS A DEFENDANT FOR THE COUNTY'S COST OF CONFINEMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-23-11, Mississippi Code of 1972, is amended as follows:
9-23-11. (1) A drug court may establish an alcohol and drug intervention component provided all the following requirements are met:
(a) The drug court established by the court is certified by the Administrative Office of Courts;
(b) The court that established the drug court determines that in order to fully implement the purposes of the drug court that the drug and alcohol intervention component is necessary; and
(c) The court must submit a petition for approval to the Administrative Office of Courts containing the following:
(i) A full description of a proposed intervention component.
(ii) A budget supported by statistics.
(iii) Details on the implementation of the intervention component.
(2) Each individual drug court judge may establish rules and may make special orders and rules as necessary that do not conflict with rules promulgated by the Supreme Court.
(3) A drug court may appoint such full- or part-time employees it deems necessary for the work of the drug court and shall fix the compensation of those employees. Such employees shall serve at the will and pleasure of the judge or the judge's designee.
(4) Drug court employees or contractors shall perform duties the court assigns.
(5) A drug court established under this chapter is subject to the regulatory powers of the Administrative Office of Courts as set forth in Section 9-23-15.
(6) Each individual drug court is responsible for the administration of the drug and alcohol intervention component of that court.
(7) (a) The costs of participation in an alcohol and drug services component required by the drug court established by this chapter may be paid by the participant or out of user fees or such other state, federal or private funds that may, from time to time, be made available.
(b) The court may assess such reasonable fees for participation and may impose sanctions that it deems appropriate.
(8) A drug court judge my assess the defendant for the cost of his confinement. The cost may include, but is not limited to: food, medical attention, and staff expenses.
SECTION 2. This act shall take effect and be in force from and after July 1, 2011.