MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Youth and Family Affairs; Appropriations
By: Representative Hines
AN ACT TO REQUIRE THAT LANGUAGE AND SIGN LANGUAGE INTERPRETATION SERVICES BE PROVIDED FOR CERTAIN YOUTH AT JUVENILE DETENTION CENTERS; TO PROVIDE CERTAIN DEFINITIONS; TO REQUIRE JUVENILE DETENTION CENTERS TO ADOPT A POLICY PROVIDING FOR INTERPRETATION SERVICES FOR CERTAIN YOUTH AT SUCH CENTERS; TO PROVIDE THAT INTERPRETERS SHALL BE MADE AVAILABLE 24 HOURS A DAY TO ASSIST THE CENTERS; TO REQUIRE THE CENTERS TO POST NOTICES ADVERTISING THE INTERPRETATION SERVICES WITHIN THE DETENTION CENTERS; TO PROVIDE CERTAIN FUNDING FOR SUCH SERVICES; TO AMEND SECTION 25-9-120, MISSISSIPPI CODE OF 1972, TO REQUIRE THE PERSONAL SERVICE CONTRACT BOARD TO PROMULGATE RULES AND REGULATIONS GOVERNING THE SOLICITATION AND SELECTION OF A SINGLE STATEWIDE CONTRACT FOR THE INTERPRETATION SERVICES AT THE CENTERS; TO AMEND SECTION 43-21-321, MISSISSIPPI CODE OF 1972, TO REQUIRE SUCH CENTERS TO PROVIDE INTERPRETATION SERVICES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) For the purpose of this section, the following words and terms shall have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a) "Deaf or hard of hearing" means a person who has either no hearing or who has significant hearing loss so as to need the services of an interpreter to communicate.
(b) "Interpreter" means a person who is certified or credentialed by the National Association of the Deaf, the Registry of Interpreters for the Deaf, any other national certifying organization which is recognized by the Mississippi Office on Deaf and Hard of Hearing (ODHH), or any individual who holds a valid ODHH-approved quality assurance screening level. Registered interpreters are required to adhere to professional standards and a Code of Ethics as established by the National Association of the Deaf and the Registry of Interpreters for the Deaf.
(c) "Language or communication barriers" means either of the following:
(i) With respect to spoken language, barriers that
are experienced by limited English speaking or non-English speaking individuals who speak the same primary language, if those individuals constitute at least five percent (5%) of the youth served by a juvenile detention center annually; or
(ii) With respect to sign language, barriers that are experienced by individuals who are deaf or hard of hearing and whose primary language is sign language.
(2) To assure that proper services are received by youth who have limited English speaking or non-English speaking abilities or who are deaf or hard of hearing at juvenile detention centers, such centers shall do the following:
(a) Adopt and review annually a policy for providing
language assistance services to youth with language or communication barriers. The policy shall include procedures for providing, to the extent possible as determined by the facility, the use of an interpreter whenever a language or communication barrier exists, except where the youth, after being informed of the availability of the interpreter service, chooses to use a family member or friend who volunteers to interpret. The procedures shall be designed to maximize efficient use of interpreters and minimize delays in providing interpreters to youth. The procedures shall insure, to the extent possible as determined by the center, that interpreters are available, either on the premises or accessible by telephone, twenty-four (24) hours a day. The center shall annually transmit to the Department of Human Services a copy of the updated policy and shall include a description of the center's efforts to insure adequate and speedy communication between youth with language or communication barriers and staff.
(b) Develop, and post in conspicuous locations, notices that advise youth and their families of the availability of interpreters, the procedure for obtaining an interpreter, and the telephone numbers to call for filing complaints concerning interpreter service problems, including, but not limited to, a telecommunications device for the deaf (TDD) number for persons who are deaf or hard of hearing. The notices shall be posted, at a minimum, in the admitting area of the facility and the facility entrance. Notices shall inform youth that interpreter services are available on request, shall list the languages most commonly encountered at the facility for which interpreter services are available, and shall instruct youth to direct complaints regarding interpreter services to the Department of Human Services, including the telephone numbers to call for that purpose.
(c) Notify the employees of the center of the language services available at the facility and train them on how to make those language services available to youth.
(d) Prepare and maintain, as needed, a list of qualified interpreters who have been identified as proficient in sign language and a list of the languages of the population of the geographical area served by the center.
(e) Review all standardized written forms, waivers, documents, and informational materials available to youth on admission to determine which to translate into languages other than English.
(f) Consider providing its nonbilingual staff with standardized picture and phrase sheets for use in routine communications with students who have language or communication barriers.
(g) Develop community liaison groups to enable the facility and the limited English speaking, non-English speaking, and deaf or hard of hearing communities to insure the adequacy of the interpreter services.
(3) The state shall fully fund the required interpretation services prescribed under this section and shall select through a single statewide contract an entity to provide the interpretation services to juvenile detention centers as required under this section. The Personal Service Contract Board shall promulgate rules and regulations governing the solicitation and selection of such entity for the statewide contract.
SECTION 2. Section 25-9-120, Mississippi Code of 1972, is amended as follows:
25-9-120. (1) Contract personnel, whether classified as contract workers or independent contractors shall not be deemed state service or nonstate service employees of the State of Mississippi, and shall not be eligible to participate in the Public Employees' Retirement System, or the state employee health plan, nor be allowed credit for personal and sick leave and other leave benefits as employees of the State of Mississippi, notwithstanding Sections 25-3-91 through 25-3-101; 25-9-101 through 25-9-151; 25-11-1 through 25-11-126; 25-11-128 through 25-11-131; 25-15-1 through 25-15-23 and for the purpose set forth herein. Contract workers, i.e., contract personnel who do not meet the criteria of independent contractors, shall be subject to the provisions of Section 25-11-127.
(2) There is hereby created
the Personal Service Contract Review Board, which shall be composed of the
State Personnel Director, the Executive Director of the Department of Finance
and Administration, or his designee, the Commissioner of Corrections, or his
designee, the Executive Director of the Mississippi Department of Wildlife * * *, Fisheries and Parks, or his
designee, and the Executive Director of the Department of Environmental
Quality, or his designee. The State Personnel Director shall be chairman and
shall preside over the meetings of the board. The board shall annually elect a
vice chairman, who shall serve in the absence of the chairman. No business
shall be transacted, including adoption of rules of procedure, without the
presence of a quorum of the board. Three (3) members shall be a quorum. No
action shall be valid unless approved by the chairman and two (2) other of
those members present and voting, entered upon the minutes of the board and
signed by the chairman. Necessary clerical and administrative support for the
board shall be provided by the State Personnel Board. Minutes shall be kept of
the proceedings of each meeting, copies of which shall be filed on a monthly
basis with the Legislative Budget Office.
(3) The Personal Service Contract Review Board shall have the following powers and responsibilities:
(a) Promulgate rules
and regulations governing the solicitation and selection of contractual
services personnel including personal and professional services contracts for
any form of consulting, policy analysis, public relations, marketing, public
affairs, legislative advocacy services or any other contract that the board
deems appropriate for oversight, with the exception of any personal service
contracts entered into for computer or information technology-related services
governed by the Mississippi Department of Information Technology Services, any
personal service contracts entered into by the Mississippi Department of
Transportation, and any contract for attorney, accountant, auditor, physician,
dentist, architect, engineer, veterinarian and utility rate expert services.
Any such rules and regulations shall provide for maintaining continuous
internal audit covering the activities of such agency affecting its revenue and
expenditures as required under Section 7-7-3(6)(d), Mississippi Code of 1972 * * *;
(b) Approve all personal and professional services contracts involving the expenditures of funds in excess of One Hundred Thousand Dollars ($100,000.00);
(c) Develop standards with respect to contractual services personnel which require invitations for public bid, requests for proposals, record keeping and financial responsibility of contractors. The Personal Service Contract Review Board may, in its discretion, require the agency involved to advertise such contract for public bid, and may reserve the right to reject any or all bids;
(d) Prescribe certain
circumstances whereby agency heads may enter into contracts for personal and
professional services without receiving prior approval from the Personal
Service Contract Review Board. The Personal Service Contract Review Board may
establish a preapproved list of providers of various personal and professional
services for set prices with which state agencies may contract without bidding
or prior approval from the board * * *;
(e) To provide standards for the issuance of requests for proposals, the evaluation of proposals received, consideration of costs and quality of services proposed, contract negotiations, the administrative monitoring of contract performance by the agency and successful steps in terminating a contract;
(f) To present recommendations for governmental privatization and to evaluate privatization proposals submitted by any state agency;
(g) To authorize personal and professional service contracts to be effective for more than one (1) year provided a funding condition is included in any such multiple year contract, except the State Board of Education, which shall have the authority to enter into contractual agreements for student assessment for a period up to ten (10) years. The State Board of Education shall procure these services in accordance with the Personal Service Contract Review Board procurement regulations;
(h) To request the State Auditor to conduct a performance audit on any personal or professional service contract;
(i) Prepare an annual report to the Legislature concerning the issuance of personal service contracts during the previous year, collecting any necessary information from state agencies in making such report.
(j) Promulgate rules and regulations governing the solicitation and selection of the single statewide contract for interpretation services for juvenile detention centers as required under Section 1 of this act.
(4) No member of the Personal Service Contract Review Board shall use his official authority or influence to coerce, by threat of discharge from employment, or otherwise, the purchase of commodities or the contracting for personal or professional services under this section.
SECTION 3. 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.
(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 during the academic school year, 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) All juvenile detention centers shall adhere to 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 the screening indicates that medical, dental or mental health assistance is required or necessary, or if the intake officer deems it necessary, the detainee shall be provided access to appropriate health care professionals for evaluation and treatment. 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 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 a threat to the security of the center;
(iv) When the youth has voluntarily requested cell confinement;
(v) When no less restrictive alternative exists and the youth is placed in protective custody because of a threat to his safety;
(p) 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 the 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;
(q) 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 instructional program for the detainee while in detention. 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;
(r) 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;
(s) 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;
(t) 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. The Mississippi Department of Education has the authority to develop and promulgate policies and procedures regarding financial reimbursements to the sponsoring school district from school districts that have students of record or compulsory-school-age residing in said districts placed in a youth 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;
(u) Recreational services shall be made available to juvenile detainees for purpose of physical exercise;
(v) 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;
(w) 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;
(x) 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
(y) 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.
(z) Each juvenile detention center shall provide interpretation services as provided under Section 1 of this act.
(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 4. Section 1 of this act shall be codified in Chapter 23, Title 43, Mississippi Code of 1972.
SECTION 5. This act shall take effect and be in force from and after July 1, 2014.