MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Rules; Youth and Family Affairs

By: Representatives Hines, Johnson, Faulkner

House Bill 1187

(As Sent to Governor)

AN ACT TO AMEND SECTION 4, CHAPTER 564, LAWS OF 2012, TO EXTEND THE DATE OF REPEAL ON THE JUVENILE DETENTION AND ALTERNATIVES TASK FORCE; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 4, Chapter 564, Laws of 2012, is amended as follows:

     Section 4.  (1)  There is established the Juvenile Detention and Alternatives Task Force.  The purpose of the task force is to support the expansion of juvenile detention alternatives and   * * *recommend licensing standards for utilize the proposed licensing standards that were included in the January 2014 report of the task force to make further recommendations regarding the licensure of juvenile detention facilities throughout the state.

     (2)  The task force shall be composed of the following members who shall be appointed no later than * * * August 1, 2012July 1, 2014, if there are to be any changes made by any entity or agency that is a current member of the task force:

          (a)  The statewide coordinator of the Annie E. Casey Juvenile Detention Alternatives Initiative, or his designee;

          (b)  The Director of the Division of Youth Services of the Mississippi Department of Human Services, or his designee;

          (c)  A representative from the Juvenile Facilities Monitoring Unit appointed by the Commissioner of the Mississippi Department of Public Safety;

          (d)  Two (2) youth court judges appointed by the Mississippi Council of Youth Court Judges;

          (e)  A representative from the Mississippi Sheriffs' Association appointed by the President of the Association;

          (f)  Four (4) representatives from counties of this state that are engaged in the Juvenile Detention Alternatives Initiative, to be appointed by Mississippi's statewide coordinator of the Juvenile Detention Alternatives Initiative;

          (g)  A representative from the Department of Mental Health appointed by the Executive Director of the Department;

          (h)  Six (6) representatives from the Mississippi Juvenile Detention Directors Association appointed by the President of the Association;

          (i)  Two (2) county supervisors from counties with juvenile detention centers, appointed by the President of the Mississippi Association of County Detention Supervisors;

          (j)  Two (2) county administrators from counties with juvenile detention centers, appointed by the President of the Mississippi Association of Supervisors;

          (k)  The State Superintendent of Education, or his designee; and

          (l)  Two (2) representatives from state or local government, one (1) to be appointed by the Chairperson of the House Youth and Family Affairs Committee and one (1) to be appointed by the Chairperson of the Senate Judiciary B Committee.

     (3)  The task force shall hold at least three (3) meetings before issuing its report and shall hold its first meeting no later than * * *September 1, 2012 August 1, 2014, on the call of the statewide coordinator of the Annie E. Casey Juvenile Detention Alternatives Initiative, or his designee.  At its first meeting, the task force shall elect a chairperson and a vice chairperson from its membership and shall adopt rules for transacting business and keeping records.  All meetings of the task force will be open to the public and shall provide opportunities for input from representatives of any private or public entities that are involved with the juvenile justice system.  Notice of all meetings shall be given as provided in the Open Meetings Act.

     (4)  On or before November 1, * * *2013 2014, the task force shall file a report with the Secretary of the Senate and the Clerk of the House of Representatives that includes the following:

          (a)  A plan for supporting juvenile detention alternatives;

          (b)  A plan for reducing the financial burden incurred by counties for providing juvenile detention services, increasing cross-county collaboration, reducing duplication of services, and maximizing support from federal, state and private sources;

          (c) * * *Proposed  Plan of implementing the proposed juvenile detention licensing standards that were included in the January 2014 report of the task force, and in order to develop the plan described under this subsection, the task force shall request data from all counties that operate juvenile detention centers pertaining to, but not limited to, budgets, staffing ratios and current medical and mental health services;

          (d)  A recommendation of which state agency should be authorized to promulgate, adopt and enforce the proposed licensing standards and any other regulations for juvenile detention centers, including the date all facilities should be licensed;

          (e)  Any recommended legislation for consideration in the * * *2013 2015 Legislative Session; and

          (f)  Any other issues related to juvenile detention centers or alternatives to juvenile detention deemed relevant by the task force.

     (5)  The task force shall be assigned to the Division of Youth Services of the Department of Human Services for administrative purposes only, and the Division of Youth Services shall designate staff to assist the task force.

     (6)  There is created an advisory group established for the purpose of providing advice, input and information to the Juvenile Detention and Alternatives Task Force.  Advisory group members shall receive notice of task force meetings and shall, at the request of the Chairperson of the task force, provide assistance with research and analysis.  The advisory group shall be composed of the following members who shall be appointed no later than  * * *September 15, 2012 July 15, 2014, if there are to be changes made from the current advisory board:

          (a)  Two (2) representatives from children's advocacy nonprofit organizations, one (1) to be appointed by the Chairperson of the House Youth and Family Affairs Committee and one (1) to be appointed by the Chairperson of the Senate Judiciary B Committee;

          (b)  Two (2) representatives of a victim's rights organization appointed by the Attorney General;

          (c)  Two (2) representatives who are parents or guardians of a youth involved with the juvenile justice system, one (1) to be appointed by the Chairperson of the House Youth and Family Affairs Committee and one (1) to be appointed by the Chairperson of the Senate Judiciary B Committee;

          (d)  Two (2) youths who have experience with juvenile detention appointed by the Council of Youth Court Judges;

          (e)  Three (3) members appointed by the Chairperson of the Juvenile Detention and Alternatives Task Force;

          (f)  Two (2) representatives who are from Mississippi public universities and have substantial experience with juvenile justice or criminal justice administration, to be appointed by the Commissioner of Higher Education;

          (g)  A representative from the Mississippi Juvenile Justice Advisory Committee appointed by the Chairperson of the Committee;

          (h)  A representative from the Mississippi Prosecutor's Association;

          (i)  A representative from the Mississippi Public Defender Association; and

          (j)  The Chairperson of the House Youth and Family Affairs Committee and the Chairperson of the Senate Judiciary B Committee, or their designees.

     (7)  This section shall stand repealed on July 1, * * * 20142015.

     SECTION 2.  The Department of Public Safety shall contract with a juvenile justice expert who has substantial experience in the administration of constitutionally compliant juvenile facilities and significant experience monitoring juvenile justice facilities for a local jurisdiction, state, or as a court-appointed monitor.  The contractor shall provide training to all of the Juvenile Facilities Monitoring Unit employees within six (6) months of the effective date of this act.  All employees of the Monitoring Unit must successfully complete the training as determined by the juvenile justice expert through the use of a pretest and posttest, facility tour, or any other criteria the expert selects.  The training shall include interviewing skills, report writing, and information regarding standard practices in juvenile detention centers.  In addition to the training for the Juvenile Facilities Monitoring Unit, the Department of Public Safety shall arrange for at least eight (8) hours of training for the administrators of the juvenile detention centers in the state by the juvenile justice expert.  The Department of Public Safety shall ensure that its contract with the juvenile justice expert includes a provision for technical assistance to the staff of the Juvenile Facilities Monitoring Unit for at least six (6) months after the completion of the training.

     SECTION 3.  This act shall take effect and be in force from and after its passage.