MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary A
By: Representative Frierson
AN ACT TO REQUIRE THE CIRCUIT, MUNICIPAL AND JUSTICE COURT CLERKS TO REPORT CERTAIN INFORMATION RELATED TO FELONY AND MISDEMEANOR OFFENSES TO THE ADMINISTRATIVE OFFICE OF COURTS; TO REQUIRE THE DRUG COURTS OF THE STATE TO REPORT CERTAIN INFORMATION ABOUT PROGRAM PARTICIPANTS TO THE ADMINISTRATIVE OFFICE OF COURTS; TO REQUIRE THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND THE STATE PAROLE BOARD TO COMPILE THE COLLECTED INFORMATION INTO A REPORT TO BE SUBMITTED TO THE JOINT LEGISLATIVE COMMITTEE ON PERFORMANCE EVALUATION AND EXPENDITURE REVIEW (PEER); TO AMEND SECTIONS 9-7-122, 9-11-27 AND 21-23-12, MISSISSIPPI CODE OF 1972, TO REQUIRE SPECIFIC CONSEQUENCES FOR THOSE CLERKS OF COURT WHO FAIL TO COMPLY WITH THE PRESCRIBED REPORTING REQUIREMENTS; TO AMEND SECTION 99-19-77, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR AN ADDITIONAL ASSESSMENT AGAINST PERSONS CONVICTED OF CRIMES TO BE USED BY CIRCUIT CLERKS, JUSTICE COURT CLERKS AND MUNICIPAL COURT CLERKS TO DEFRAY THE COSTS OF PRODUCING THE REPORTS REQUIRED BY THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Legislature recognizes the importance of being able to monitor the efficiency and effectiveness of programs administered through the Mississippi Department of Corrections and other entities responsible for the oversight of persons convicted of felonies and misdemeanors in the courts of Mississippi and programs that provide services to those persons. In order to effectively carry out this function, it is imperative that the Legislature, its committees and legislative staff be able to obtain necessary information to ascertain how these programs are performing. It is the intent of the Legislature that this act establish a means for the Legislature to be provided with information on offenders, their offenses, post adjudication oversight or commitment, and the offenders' history in the criminal justice system.
SECTION 2. (1) Before January 1, 2015, and each year thereafter, and before July 1, 2015, and each year thereafter, or as soon as practicable after those dates, the circuit clerk and justice court clerk of each county and the municipal court clerk of each municipality shall report to the Administrative Office of Courts detailed information relating to individual misdemeanor and felony case records by offense. The data must be submitted in electronic format, when available, from the circuit clerk for all circuit and county court criminal proceedings and from the municipal and justice court clerks for all misdemeanors and must include the following for each case:
(a) The date on which the criminal charges were filed;
(b) The charge code and name of indicted offenses;
(c) A count number of indicted offenses;
(d) The disposition of the charges;
(e) The dates of disposition and sentencing;
(f) The charge code and name of sentenced offenses; and
(g) The length of sentence.
Data required under this subsection should be kept individually by case number and misdemeanor charged or indicted felony offense and should include, for criminal docket purposes, demographic information necessary for tracking individuals across multiple databases, including date of birth, city and state of residence, race and gender.
(2) The Administrative Office of Courts may establish a uniform reporting format for all court clerks required to submit information under subsection (1) of this section. The reporting format must emphasize the need for reporting information in an electronic format and in a manner capable of being sorted. Each clerk who submits the required information in a different format must report to the Administrative Office of Courts a schedule for a conversion to technology which will enable the clerk to report the required data electronically and in a manner capable of being sorted.
(3) On August 1, 2015, and each year thereafter, the Administrative Office of Courts shall provide to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) electronic copies capable of being sorted of all reports required under this section.
(4) If the Legislature establishes an oversight committee charged with the responsibility for overseeing the implementation of sentencing guidelines and related activities, the Administrative Office of Courts shall share the information required under this section with that committee.
SECTION 3. (1) Each month, a drug court must collect and submit to the Administrative Office of Courts the following statistical data documenting the total number of participants:
(a) At the beginning of the month;
(b) At the end of that month;
(c) Beginning the program during the month;
(d) Successfully completing the drug court during the month;
(e) Leaving the program during the month;
(f) Arrested for a new criminal offense while in the drug court program during the month;
(g) Convicted for a new criminal arrest while in the drug court program during the month; and
(h) Committing at least one (1) violation while in the drug court program during the month and the resulting sanctions.
(2) Before August 1, 2015, and each year thereafter, the Administrative Office of Courts shall report to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) in electronic format, capable of being sorted, the information collected under subsection (1) of this section. The Administrative Office of Courts may adopt any rules or policies necessary to establish a reporting format for the drug courts to report the information in an electronic format capable of being sorted.
(3) If the Legislature establishes an oversight committee charged with the responsibility for overseeing the implementation of sentencing guidelines and related activities, the Administrative Office of Courts shall share the information required under this section with that committee.
SECTION 4. (1) The Mississippi Department of Corrections shall collect the following prison data:
(a) The number of offenders entering prison on a new offense;
(b) The number of offenders entering prison as a revocation of supervision;
(c) The average sentence length for new prison sentences by offense type;
(d) The average sentence length for offenders entering prison for a probation revocation;
(e) The average sentence length for offenders entering prison for a parole revocation;
(f) The average percentage of prison sentence served in prison by offense type;
(g) The average length of stay by offense type;
(h) Recidivism rates, including by offense type and by risk level. For the purposes of this report, "recidivism" means conviction of a new felony offense within three (3) years of release from prison; and
(i) Total prison population, including by offense type and by type of admission into prison.
(2) The Mississippi Department of Corrections shall collect the following probation data:
(a) The number of offenders supervised on probation;
(b) The number of offenders placed on probation;
(c) The number of probationers revoked for a technical violation and sentenced to a term of imprisonment in a technical violation center;
(d) The number of probationers revoked for a technical violation and sentenced to a term of imprisonment in another type of Department of Correction facility;
(e) The number of probationers who are convicted of a new felony offense and sentenced to a term of imprisonment;
(f) The number of probationers held on a violation in a county jail awaiting a revocation hearing; and
(g) The average length of stay in a county jail for probationers awaiting a revocation hearing.
(3) The Mississippi Department of Corrections shall collect the following post release supervision data:
(a) The number of offenders supervised on post release supervision;
(b) The number of offenders placed on post release supervision;
(c) The number of post release probationers revoked for a technical violation and sentenced to a term of imprisonment in a technical violation center;
(d) The number of post release probationers revoked for a technical violation and sentenced to a term of imprisonment in another type of Department of Correction facility;
(e) The number of post release probationers who are convicted of a new felony awaiting a revocation hearing; and
(f) The average length of stay in a county jail for post release probationers awaiting a revocation hearing.
(4) If the Legislature establishes an oversight committee charged with the responsibility for overseeing the implementation of sentencing guidelines and related activities, the Mississippi Department of Corrections shall report the information required under this section with that committee on a semiannual basis. Upon request, the committee shall submit the information to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER).
SECTION 5. (1) The State Parole Board, with the assistance of the Mississippi Department of Corrections, shall collect the following information:
(a) The number of offenders supervised on parole;
(b) The number of offenders released on parole;
(c) The number of parole hearings held;
(d) The parole grant rate for parolees released with and without a hearing;
(e) The average length of time offenders spend on parole;
(f) The number and percentage of parolees revoked for a technical violation and returned for a term of imprisonment in a technical violation center;
(g) The number and percentage of parolees revoked for a technical violation and returned for a term of imprisonment in another type of Department of Correction facility;
(h) The number and percentage of parolees who are convicted of a new offense and returned for a term of imprisonment on their current crime as well as the new crime;
(i) The number of parolees held on a violation in county jail awaiting a revocation hearing; and
(j) The average length of stay in county jail for parolees awaiting a revocation hearing.
(2) If the Legislature establishes an oversight committee charged with the responsibility for overseeing the implementation of sentencing guidelines and related activities, the State Parole Board shall report the information required under this section with that committee on a semiannual basis. Upon request, the committee shall submit the information to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER).
SECTION 6. Section 9-7-122, Mississippi Code of 1972, is amended as follows:
9-7-122. (1) Except as otherwise provided herein, no circuit clerk elected for a full term of office commencing on or after January 1, 1996, shall exercise any functions of office or be eligible to take the oath of office unless and until the circuit clerk has filed in the office of the chancery clerk a certificate of completion of a course of training and education conducted by the Mississippi Judicial College of the University of Mississippi Law Center within six (6) months of the beginning of the term for which such circuit clerk is elected. A circuit clerk who has completed the course of training and education and has satisfied his annual continuing education course requirements, and who is then elected for a succeeding term of office subsequent to the initial term for which he completed the training course, shall not be required to repeat the training and education course upon reelection. A circuit clerk that has served either a full term of office or part of a term of office before January 1, 1996, shall be exempt from the requirements of this subsection.
(2) In addition to meeting the requirements of subsection (1) of this section, after taking office by election or otherwise, each circuit clerk shall be required to file annually in the office of the chancery clerk a certificate of completion of a course of continuing education conducted by the Mississippi Judicial College. No circuit clerk shall have to comply with this subsection unless he will have been in office for five (5) months or more during a calendar year.
(3) Each circuit clerk elected for a term commencing on or after January 1, 1992, shall be required to file annually the certificate required in subsection (2) of this action commencing January l, 1993.
(4) The requirements for obtaining the certificates in this section shall be as provided in subsection (6) of this section.
(5) Upon the failure of any circuit clerk to file with the chancery clerk the certificates of completion as provided in this section, such circuit clerk shall, in addition to any other fine or punishment provided by law for such conduct, not be entitled to any fee, compensation or salary, from any source, for services rendered as circuit clerk, for the period of time during which such certificate remains unfiled.
(6) The Mississippi Judicial College of the University of Mississippi Law Center shall prepare and conduct courses of training for basic and continuing education for circuit clerks of this state. The basic course of training shall be known as the "Circuit Clerks Training Course" and shall consist of at least thirty-two (32) hours of training. The continuing education course shall be known as the "Continuing Education Course for Circuit Clerks" and shall consist of at least eighteen (18) hours of training. The content of the basic and continuing education courses and when and where such courses are to be conducted shall be determined by the judicial college. The judicial college shall issue certificates of completion to those circuit clerks who complete such courses.
(7) The expenses of the training, including training of those elected as circuit clerk who have not yet begun their term of office, shall be borne as an expense of the office of the circuit clerk.
(8) Circuit clerks shall be allowed credit toward their continuing education course requirements for attendance at circuit court proceedings if the presiding circuit court judge certifies that the circuit clerk was in actual attendance at a term or terms of court; provided, however, that at least twelve (12) hours per year of the continuing education course requirements must be completed at a regularly established program or programs conducted by the Mississippi Judicial College.
(9) Before August 15, 2015, and each year thereafter, the Administrative Office of Courts shall certify to the Mississippi Judicial College of the University of Mississippi Law Center the names of all circuit clerks who have failed to provide the information required under Section 2 of this act. The Judicial College may not issue the certificate of continuing education required under this section to any clerk failing to report the required information. In addition, the Judicial College shall report the clerk's failure to comply with Section 2 of this act to the State Auditor and to the board of supervisors of the county in which the clerk is elected, and the clerk may not receive the compensation provided for under subsection (5) of this section. Upon complying with the requirements of Section 2 of this act, the circuit clerk may be certified.
SECTION 7. Section 9-11-27, Mississippi Code of 1972, is amended as follows:
9-11-27. (1) The board of supervisors of each county shall, at its own expense, appoint one (1) person to serve as clerk of the justice court system of the county, and may appoint such other employees for the justice court of the county as it deems necessary, including a person or persons to serve as deputy clerk or deputy clerks. The board of supervisors of each county with two (2) judicial districts may, at its own expense, appoint two (2) persons to serve as clerks of the justice court system of the county, one (1) for each judicial district, and may appoint such other employees for the justice court system of the county as it deems necessary including persons to serve as deputy clerks. The clerk and deputy clerks shall be empowered to file and record actions and pleadings, to receive and receipt for monies, to acknowledge affidavits, to issue warrants in criminal cases upon direction by a justice court judge in the county, to approve the sufficiency of bonds in civil and criminal cases, to certify and issue copies of all records, documents and pleadings filed in the justice court and to issue all process necessary for the operation of the justice court. The clerk or deputy clerks may refuse to accept a personal check in payment of any fine or cost or to satisfy any other payment required to be made to the justice court. All orders from the justice court judge to the clerk of the justice court shall be written. All cases, civil and criminal, shall be assigned by the clerk to the justice court judges of the county in the manner provided in Section 11-9-105 and Section 99-33-2. A deputy clerk who works in an office separate from the clerk and who is the head deputy clerk of the separate office may be designated to be trained as a clerk as provided in Section 9-11-29.
(2) Before August 15, 2015, and each year thereafter, the Administrative Office of Courts shall report the name of each justice court clerk who has failed to comply with the reporting requirements prescribed under Section 2 of this act to the board of supervisors that appointed the clerk. The clerk must be given three (3) months from the date on which the board of supervisors receives notice from the Administrative Office of Courts to comply with the requirements of Section 2 of this act. The Administrative Office of Courts shall notify the board of supervisors if the justice court clerk fails to come into compliance after receiving notice under this subsection, and the justice court clerk must be terminated for failure to comply with the reporting requirements under Section 2 of this act.
SECTION 8. Section 21-23-12, Mississippi Code of 1972, is amended as follows:
21-23-12. (1) Every person appointed as clerk of the municipal court shall be required annually to attend and complete a comprehensive course of training and education conducted or approved by the Mississippi Judicial College of the University of Mississippi Law Center. Attendance shall be required beginning with the first training seminar conducted after said clerk is appointed.
(2) The Mississippi Judicial College of the University of Mississippi Law Center shall prepare and conduct a course of training and education for municipal court clerks of the state. The course shall consist of at least twelve (12) hours of training per year. After completion of the first year's requirement, a maximum of six (6) hours training, over and above the required twelve (12) hours, may be carried forward from the previous year. The content of the course of training and when and where it is to be conducted shall be determined by the Judicial College. A certificate of completion shall be furnished to those municipal court clerks who complete such course, and each certificate shall be made a permanent record of the minutes of the board of aldermen or city council in the municipality from which the municipal clerk is appointed.
(3) Before August 15, 2015, and each year thereafter, the Administrative Office of Courts shall notify the Mississippi Judicial College of the names of all municipal court clerks who have failed to provide the information required under Section 2 of this act. The Judicial College may not issue the certificate of completion of course work required under subsection (2) of this section to any clerk failing to submit the required information until such time that the Administrative Office of Courts has reported that the clerk is in compliance with the requirements of Section 2. In addition, the Administrative Office of Courts shall report the name of each municipal court clerk failing to submit the required information to the State Auditor and to the mayor of the municipality in which the clerk is employed.
( * * *4) Upon the failure of any person
appointed as clerk of the municipal court to file the certificate of completion
as provided in subsection (2) of this section, within the first year of
appointment, such person shall then not be allowed to carry out any of the
duties of the office of clerk of the municipal court and shall not be entitled
to compensation for the period of time during which such certificate remains
unfiled.
SECTION 9. Section 99-19-77, Mississippi Code of 1972, is amended as follows:
99-19-77. (1) In addition to any criminal penalties or fines, the court may impose an assessment against a defendant convicted of a felony violation investigated by the Office of the Attorney General, the district attorneys, sheriffs, the Mississippi Bureau of Investigation, Mississippi Bureau of Narcotics and municipal police departments which may cover all reasonable costs of the investigation. Costs are to be paid to the appropriate governmental entity incurring the particular item of cost and include, but are not limited to, the cost of investigators, service of process, court reporters, expert witnesses and attorney's fees, and transportation costs expended by the governmental entity in the investigation of such case, and must be used to augment the governmental entity's existing budget and not to supplant it.
(2) In addition to any other fees or assessments provided for by law, there shall be assessed against persons convicted of crimes, except for traffic offenses and speeding offense, an assessment of Fifty Cents ($0.50), which shall be deposited to the credit of the circuit clerk, justice court clerk or municipal court clerk in whose court the conviction was recorded. The clerks shall use the assessments authorized by this subsection to defray the costs of producing the reports required by Sections 2 and 3 of this act.
SECTION 10. This act shall take effect and be in force from and after July 1, 2014.