MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Judiciary, Division B; Appropriations

By: Senator(s) Horhn

Senate Bill 2806

AN ACT TO CREATE THE CAPITAL CITY CRIME PREVENTION PROGRAM; TO REQUIRE THE OFFICE OF THE ATTORNEY GENERAL TO CONTRACT WITH A NONGOVERNMENTAL ORGANIZATION TO ASSESS PUBLIC SAFETY AND FUNCTIONING OF THE CRIMINAL JUSTICE SYSTEM IN THE CAPITAL CITY TO CREATE A LONG-TERM, COMPREHENSIVE PLAN; TO CREATE A MULTIJURISDICTIONAL CAPITAL CITY CRIME PREVENTION TASK FORCE; TO PROVIDE THAT THE PURPOSE OF THE TASK FORCE IS TO ASSIST MUNICIPAL, COUNTY AND STATE LAW ENFORCEMENT IN THE APPREHENSION OF CRIMINALS, THE SEIZURE OF EVIDENCE, THE EXECUTION OF WARRANTS AND OTHER ACTIONS UPON REQUEST BY SUCH LAW ENFORCEMENT AGENCY; TO IMPLEMENT THE PILOT PROGRAM; TO CREATE A MISSISSIPPI BACKLOG INITIATIVE PROGRAM TO FUND SPECIAL PROSECUTORS AND SPECIAL JUDGES TO IMPROVE THE CRIMINAL JUSTICE SYSTEM IN THE PILOT PROGRAM COUNTY; TO ESTABLISH A TWO-YEAR PILOT PROGRAM TO PROVIDE MATCHING FUNDS FOR EMPLOYERS WHO HIRE EX-OFFENDERS AND PROVIDE PART-TIME AND SUMMER EMPLOYMENT FOR YOUTH; TO CREATE A JAIL OVERCROWDING PILOT PROGRAM TO PROVIDE FOR PLACEMENT OF ALLEGED OFFENDERS IN SURROUNDING COUNTIES PENDING TRIAL; AND FOR RELATED PURPOSES.

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

     SECTION 1.  There is established Capital City Crime Prevention Program that will consist of the formation of a comprehensive plan known as the Capital City Crime Prevention Plan to prevent and reduce crime in the capital city as well as various short-term pilot programs to provide additional data for forming the goals and strategies of the Crime Prevention Plan for the interim period during which the comprehensive plan is being developed and before it can be implemented.

     SECTION 2.  The Mississippi Attorney General shall be responsible for formulating and proposing the Capital City Crime Prevention Comprehensive Plan.  To that end, the Attorney General is authorized and directed to request proposals for a long-term strategic study and subsequently enter into a contract not to exceed Five Hundred Thousand Dollars ($500,000.00) with a nationally recognized nonprofit organization with expertise in assessment of crime prevention methodologies in urban and rural settings, anti-terrorism tactics and combating organized crime.  The organization chosen in the selection process shall perform an assessment of public safety issues and the functioning of the criminal justice system in Hinds County; the status of the Hinds County jail and its suitability and capacity for housing offenders awaiting trial; and any contributory factors having an influence on the functioning of the criminal justice system in Hinds County, including, but not limited to, the role of educational achievement by students in deterring criminal activity, the role of law enforcement in the prevention and detection of crime, the role of prosecutors and the judicial system in prosecuting criminals and the factors and public policies that have been found helpful in reducing recidivism.

     SECTION 3.  (1)  This section shall be known and cited as the "Multijurisdictional Capital City Crime Prevention Task Force" Act.

     (2)  There is hereby created the MultiJurisdictional Capital City Crime Prevention Task Force whose primary purpose is to assist municipal, county and state law enforcement with the apprehension of criminals, the seizure of evidence, the execution of warrants, the prosecution of criminals and other actions upon request by law enforcement.  The commander of the task force shall be the Chief of Police of the City of Jackson.  The task force will consist of the additional following members:

          (a)  The United States Attorney for the Southern District of Mississippi, or his designee;

          (b)  The Commissioner of Public Safety, or his designee;

          (c)  The Director of the Mississippi Bureau of Investigation, or his designee;

          (d)  The Sheriffs of Hinds, Madison and Rankin Counties, or their designees;

          (e)  The Special Agent in Charge of the Federal Bureau of Investigation, Jackson Office, or his designee;

          (f)  The Mississippi Attorney General, or his designee;

          (g)  The Director of the Mississippi Bureau of Narcotics, or his designee;

          (h)  Three (3) members to be appointed by the Governor who are neither law enforcement officers nor elected officials;

          (i)  The Assistant Special Agent in Charge of the Drug Enforcement Agency, Jackson Office, or his designee;

          (j)  The District Attorneys of Hinds, Madison and Rankin Counties, or their designees.

     (3)  The purpose of the task force shall be to:

          (a)  Receive and assess requests for training and other assistance from municipal, county and state law enforcement located in the three-county capital city area;

          (b)  Provide a means of additional focused training for law enforcement officers charged with the prevention and detection of crime in the three-county capital city area;

          (c)  Research additional use of area law enforcement academies to be used for the operations and training mission of the task force;

          (d)  Determine how the Mississippi Wireless Integrated Network (MSWIN) radio system can be used to effectively communicate between participating law enforcement agencies;

          (e)  Create standards, policies and procedures for execution by the task force which include goals and strategies for the prevention and detection of unlawful activity in the three-county target area;

          (f)  Refer major cases for federal prosecution.

     (4)  The Office of the Attorney General shall fund the task force with monies appropriated by the Legislature to the Attorney General specifically for purposes of carrying out the provisions of this section, which shall include, but not be limited to, salaries, equipment, training and reimbursements.

     (5)  Any municipal, county or state law enforcement agency or division participating in the task force activities are hereby authorized to provide motor vehicles, weapons, bullet resistant vests, and other items which may be requested by the task force commander to fulfill the purposes of this section.

     (6)  The formation and continued conduct of the task force set forth in this section is subject to the appropriation by the Legislature of the sum of Two Million Five Hundred Thousand Dollars ($2,500,000.00) per year, ten percent (10%) of which shall be used solely for police investigative training.

     (7)  This section shall stand repealed on July 1, 2016.

     SECTION 4.  (1)  There is hereby created a two-year pilot program to be known as the Mississippi Backlog Initiative.

     (2)  Upon funding by specific appropriation of the Legislature to the Mississippi Supreme Court, not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per year, the Chief Justice of the Mississippi Supreme Court may appoint one or more senior status judges under the provisions of Section 9-1-105 in order to reduce the backlog of criminal cases in the circuit and county courts of Hinds County.

     (3)  Upon specific appropriation of the Legislature to the Office of the Attorney General, not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00) per year, the Mississippi Attorney General may appoint one or more special prosecutors under the provisions of Section 7-7-53 in order to reduce the backlog of criminal cases in the circuit and county courts of Hinds County.

     (4)  This section shall stand repealed on July 1, 2016.

     SECTION 5.  (1)  There is established the Fresh Start Pilot Program to be operated by the Department of Human Services for the following purposes:

          (a)  To provide matching funds on a fifty percent to fifty percent (50%-50%) matching basis to private employers which employ ex-offenders residing in Hinds County; the pilot program is contingent upon appropriation by the Legislature to the Department of Human Services of Three Hundred Twenty-five Thousand Dollars ($325,000.00) per year.

          (b)  To provide matching funds on a fifty percent to fifty percent (50%-50%) matching basis to private employers which employ youth residing within the municipal limits of the City of Jackson for summer jobs and after-school employment; the pilot program is contingent upon appropriation by the Legislature to the Department of Human Services of Six Hundred Twenty-five Thousand Dollars ($625,000.00) per year.

          (c)  The Department of Human Services shall promulgate rules and regulations defining the terms and conditions under which private employers may apply for and receive grants under the pilot program.

     (2)  This section shall stand repealed from and after July 1, 2016.

     SECTION 6.  (1)  If the Sheriff of Hinds County determines that physical space is not available for confinement of a person awaiting trial for the alleged commission of a crime, he may request the sheriffs having control of other area jails to provide confinement to the person.  The cost of feeding and housing offenders confined in such county jails shall be based on actual costs or contract price per prisoner.  In order to maximize the potential use of county jail space, the sheriff is encouraged to negotiate a reasonable per day cost per prisoner, which in no event may exceed Twenty-five Dollars ($25.00) per day per offender.

     (2)  (a)  Upon vouchers submitted by the board of supervisors of any county housing persons under this pilot program due to lack of space, the Department of Corrections shall pay to such county, out of any available funds specifically appropriated by the Legislature to the Mississippi Department of Corrections for that purpose, not to exceed Seven Hundred Fifty Thousand Dollars ($750,000.00) per year, the actual cost of food, or contract price per prisoner, not to exceed Twenty-four Dollars and Fifty Cents ($24.50) per day per offender, with the Department of Corrections retaining as reimbursement for the processing of the payments Fifty Cents (50¢) per day per offender for each day an offender is so confined.  The county agreeing to house alleged offenders under this pilot program shall not be liable for any cost associated with medical attention for the offenders so housed.  This limitation applies to all medical care services, durable and nondurable goods, prescription drugs and medications.

     (3)  The Attorney General of the State of Mississippi shall defend the employees of the Department of Corrections and officials and employees of political subdivisions against any action brought by any person who was committed to a county jail under the provisions of this section.

     (4)  This section shall stand repealed from and after July 1, 2016.

     SECTION 7.  This act shall take effect and be in force from and after July 1, 2014.