MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Corrections; Judiciary B
By: Representative Hines
AN ACT TO CREATE THE MISSISSIPPI JUVENILE DETENTION FACILITIES LICENSING ACT; TO PROVIDE CERTAIN DEFINITIONS; TO CREATE AN ADVISORY COUNCIL WHOSE PURPOSE IS TO ASSIST THE JUVENILE FACILITIES MONITORING UNIT OF THE DEPARTMENT OF PUBLIC SAFETY, WHICH IS THE LICENSING AGENCY FOR JUVENILE DETENTION FACILITIES UNDER THIS ACT; TO PRESCRIBE CERTAIN DUTIES OF THE JUVENILE FACILITIES MONITORING UNIT IN ITS ROLE AS A LICENSING AGENCY; TO REQUIRE THE DEPARTMENT OF EDUCATION TO PROMULGATE CERTAIN RULES AS THEY PERTAIN TO THE EDUCATION OF CHILDREN HOUSED IN JUVENILE DETENTION FACILITIES; TO PROVIDE THAT JUVENILE DETENTION FACILITIES MUST HAVE A LICENSE TO OPERATE AS OF OCTOBER OF 2016; TO REQUIRE THE LICENSING AGENCY TO MAKE CERTAIN INSPECTIONS; TO PROVIDE A CERTAIN HEARING AND APPEALS PROCESS IF A JUVENILE DETENTION FACILITY'S LICENSE IS SUSPENDED, REVOKED OR RESTRICTED; TO AMEND SECTION 43-21-321, MISSISSIPPI CODE OF 1972, TO REMOVE CERTAIN MINIMUM STANDARDS FOR THE JUVENILE DETENTION CENTER; TO AMEND SECTION 43-21-323, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO CREATE A NEW CODE SECTION TO PROVIDE THAT THE JUVENILE FACILITIES MONITORING UNIT SHALL TRAIN JUVENILE DETENTION OFFICERS; TO PROVIDE THAT NO STATEMENTS, ADMISSIONS OR CONFESSIONS OR INCRIMINATING INFORMATION OBTAINED FROM A YOUTH DURING A SCREENING OR ASSESSMENT SHALL BE ADMITTED INTO EVIDENCE AGAINST THE CHILD ON THE ISSUE OF WHETHER THE CHILD COMMITTED A DELINQUENT ACT; TO AMEND SECTION 43-21-105, MISSISSIPPI CODE OF 1972, TO ADD THE TERMS "ASSESSMENT" AND "SCREENING" UNDER THE YOUTH COURT LAW; TO AMEND SECTION 43-21-559, MISSISSIPPI CODE OF 1972, TO PROHIBIT SUCH STATEMENTS, ADMISSIONS OR CONFESSIONS FROM BEING ADMITTED INTO EVIDENCE TO DETERMINE THE FINDING OF DELINQUENCY; TO AMEND SECTIONS 43-21-561 AND 43-21-603, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; 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; TO AMEND SECTIONS 45-4-1 AND 45-4-5, MISSISSIPPI CODE OF 1972, TO REMOVE CERTAIN REFERENCES TO "YOUTH DETENTION FACILITIES" AS THEY RELATE TO THE COUNTY JAIL OFFICERS TRAINING PROGRAM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be cited as the "Mississippi Juvenile Detention Facilities Licensing Act."
SECTION 2. The purpose of this act is to protect and promote the health and safety of the children who are detained in juvenile detention centers in this state by providing for the licensing of juvenile detention facilities as defined herein so as to assure that certain minimum standards are maintained in such facilities.
SECTION 3. As used in this act, the following words shall have the following meanings:
(a) "Facility administrator" means the principal official of the facility.
(b) "Facility staff" means all employees of the facility who are under the supervision of the facility administrator.
(c) "Juvenile detention facility" and "facility" are synonymous and each means a secure facility that house children who are charged with a delinquent act as defined in Section 43-21-105(j).
(d) "Licensing agency" means the Juvenile Facilities Monitoring Unit of the Department of Public Safety.
SECTION 4. (1) There is created an advisory council which shall consist of seven (7) persons who shall be designated annually as follows:
(a) One (1) youth court judge from the Mississippi Council of Youth Court Judges;
(b) One (1) representative from the state protection and advocacy system, Disability Rights Mississippi, appointed by the executive director of the organization;
(c) The statewide coordinator of the Annie E. Casey Foundation Juvenile Detention Alternatives Initiative, or his designee;
(d) One (1) representative appointed by the Chairman of the House Youth and Family Affairs Committee;
(e) One (1) representative of the Office of the State Public Defender, appointed by the State Public Defender;
(f) One (1) representative of from the Mississippi Sheriffs' Association, appointed by the president of the association; and
(g) One (1) representative from the Mississippi Juvenile Detention Directors Association, appointed by the president of the association.
(2) It shall be the duty of the advisory council to assist and advise the licensing agency in the development of regulations governing the licensure and regulation of juvenile detention facilities and to advise the licensing agency on matters relative to the administration and interpretation of the provisions of this act.
(3) The advisory council shall also hear appeals as authorized under Section 9 of this act.
SECTION 5. (1) The licensing agency shall have the powers and duties as set in this section, in addition to the other duties prescribed by law:
(a) To adopt the licensing standards as set forth by the Juvenile Detention and Alternatives Taskforce's 2014 report;
(b) To promulgate future rules and regulations concerning the licensing and regulation of juvenile detention facilities as defined under Section 1 of this act;
(c) To issue, deny, suspend, revoke, restrict, or otherwise take disciplinary action against juvenile detention facilities as provided for in this act;
(d) To provide the training required by the rules and regulations promulgated by the licensing agency to all facility administrators and facility staff; and
(e) To have such other powers as may be required to carry out the provisions of this act.
(2) The licensing agency shall require to be performed a criminal records background check and a child abuse registry check for all facility administrators and facility staff of a juvenile detention facility. The Department of Human Services shall have the authority to disclose to the licensing agency any potential applicant whose name is listed on the Child Abuse Central Registry or has a pending administrative review. That information shall remain confidential.
(3) The licensing agency shall have the authority to exclude a particular crime or crimes or a substantiated finding of child abuse and/or neglect as disqualifying individuals or entities for prospective or current employment.
(4) Information in the possession of the licensing agency concerning the license of a juvenile detention facility may be disclosed to the public, except such information shall not be disclosed in a manner that would identify children detained in the juvenile detention facility. Nothing in this section shall affect the agency's authority to release findings of investigations into allegations of abuse pursuant to either Section 43-21-353(8) or Section 43-21-257.
(5) The Mississippi Department of Education shall be responsible for promulgating rules and regulations related to the education of all children housed in a juvenile detention facility. The Mississippi Department of Education shall conduct inspections of the facility's educational services at least annually, and more often as deemed necessary. After each inspection, the department shall provide the licensing agency with its determination of the facility's compliance with the education provisions. The licensing agency shall use such information in its determination of the facility's eligibility for licensure.
SECTION 6. Beginning October 1, 2015, the licensing agency shall conduct mock reviews of all juvenile detention facilities and determine what, if any, issues exist which may prevent licensure pursuant to the adopted rules and regulations. From and after October 1, 2016, no county or state entity shall establish, own, operate, and maintain a juvenile detention facility without a license issued under this act.
SECTION 7. A license issued under this act shall be renewed every two (2) years based on the current rules and regulations promulgated by the licensing agency.
SECTION 8. The licensing agency shall make inspections to determine ongoing compliance with the laws and regulations governing the licensure of juvenile detention facilities. Such inspections shall be made at least twice a year, but additional inspections may be made as often as deemed necessary by the licensing agency. The licensing agency shall not be required to provide any notice to the juvenile detention facility before making an inspection.
SECTION 9. (1) The licensing agency may deny or refuse to renew a license for any of the reasons set forth in subsection (3) of this section.
(2) Before the licensing agency may deny or refuse to renew a license, the county or contractor operating the juvenile detention facility shall be entitled to a hearing before the director of the licensing agency and the advisory council in order to show cause why the license should not be denied or should be renewed.
(3) The licensing agency may suspend, revoke, or restrict the license of any child care facility upon one or more of the following grounds:
(a) Fraud, misrepresentation or concealment of material facts;
(b) Violation of any of the provisions of this act or any of the regulations governing the licensing and regulation of juvenile detention facilities promulgated by the licensing agency;
(c) Any conduct, or failure to act that is found or determined by the licensing agency to threaten the health and safety of children at the facility;
(d) Failure of a juvenile detention facility to conduct background checks as required under Section 5 of this act.
(e) Information that is received by the licensing agency as a result of the criminal records background check and the child abuse registry check on all facility administrators and facility staff under Section 5 of this act.
(4) The licensing agency shall develop rules and regulations related to the development and implementation of corrective action plans to address violations at facilities prior to a revocation, suspension, or restriction of the facility's license.
(5) Before the licensing agency may suspend, revoke or restrict the license of any facility, the county or contractor affected by that decision of the licensing agency shall be entitled to a hearing before the director of licensing agency and the advisory council in which it may show cause why the license should not be suspended, revoked, or restricted.
(6) Any juvenile detention facility who disagrees with or is aggrieved by the licensing agency in regard to the denial, refusal to renew, suspension, revocation, or restriction of the license for the juvenile detention facility may appeal to the chancery court of the county in which the facility is located. The appeal shall be filed no later than thirty (30) days after the licensee receives written notice of the final administrative action by the licensing agency.
SECTION 10. Section 43-21-321, Mississippi Code of 1972, is amended as follows:
43-21-321. (1) * * *
All
juvenile detention centers shall develop and implement policies and procedures
that comply with the regulations promulgated by the Juvenile Facilities
Monitoring Unit as part of their responsibility to license all juvenile
detention facilities that operate in the state.
( * * *2) 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.
( * * *3) 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;
* * *
( * * *4) 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;
( * * *5) 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;
( * * *6) 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;
( * * *7) 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;
( * * *8) 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;
* * *
( * * *9) 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
( * * *10) 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.
* * *
SECTION 11. Section 43-21-323, Mississippi Code of 1972, is amended as follows:
43-21-323. (1) There is established the Juvenile Detention Facilities Monitoring Unit within the Department of Public Safety to work in cooperation with the Juvenile Justice Advisory Committee described in Section 45-1-33 and which shall serve as the licensing agency for juvenile detention facilities, as defined in Section 3 of this act. The unit shall be responsible for investigating, evaluating and securing the rights of children held in juvenile justice facilities, including detention centers, training schools and group homes throughout the state to ensure that the facilities operate in compliance with national best practices and state and federal law. The monitoring unit shall only monitor group homes that serve as a dispositional placement for delinquent youth pursuant to Section 41-21-605. Nothing in this section shall be construed as giving the monitoring unit authority to monitor foster care or shelter care placements. All monitors shall be employees of the Department of Public Safety. The inspections by the unit shall encompass the following:
(a) To review and evaluate (i) all procedures set by detention centers, training schools and group homes and (ii) all records containing information related to the operations of the detention centers, training schools and group homes;
(b) To review and investigate all complaints filed with the monitoring unit concerning children's treatment in detention centers, training schools and group homes;
(c) To conduct quarterly monitoring visits of all detention centers, training schools and group homes. The monitor shall have access to an entire facility and shall conduct confidential interviews with youth and facility staff;
(d) To advise a facility on how to meet the needs of children who require immediate attention;
(e) To provide technical assistance and advice to juvenile detention facilities, which will assist the facilities in complying with state and federal law.
To carry out the duties in this subsection (1) a monitor may consult with an administrator, employee, child, parent, expert or other individual in the course of monitoring or investigating. In addition, the monitor may review court documents and other confidential records as necessary to fulfill these duties.
(2) Additional duties of the monitoring unit are as follows:
(a) To make available on a quarterly basis to the Governor, Lieutenant Governor and each member of the Legislature and each member of a county board of supervisors, a report that describes:
(i) The work of the monitoring unit;
(ii) The results of any review or investigation undertaken by the monitoring unit;
(iii) Any allegations of abuse or injury of a child; and
(iv) Any problems concerning the administration of a detention center.
The reports described in this subsection shall keep the names of all children, parents and employees confidential.
(b) To promote awareness among the public and the children held in detention by providing the following:
(i) How the monitoring unit may be contacted;
(ii) The purpose of the monitoring unit; and
(iii) The services that the monitoring unit provides.
(3) The records of a monitor shall be confidential. Any child, staff member, parent or other interested individual may communicate to a monitor in person, by mail, by phone, or any other means. All communications shall be kept confidential and privileged, except that the youth court and the facility shall have access to such records, but the identity of reporters shall remain confidential.
SECTION 12. (1) The Juvenile Facilities Monitoring Unit shall establish, provide or maintain juvenile detention officer training programs for juvenile detention facilities.
(2) Each juvenile detention officer is required to receive with his or her first year of employment one hundred twenty (120) hours of training and forty (40) hours of training for such officers each subsequent year.
(3) The monitoring unit shall authorize, but only from such funds authorized and appropriated by the Legislature, the reimbursement to each governmental entity of at least fifty percent (50%) of the allowable salary and allowable tuition, living and travel expense incurred by juvenile detention officers in attendance at approved training programs, if the governmental entity does in fact adhere to the training standards established by the board. The monitoring unit shall authorize, but only from such funds authorized and appropriated by the Legislature, the direct funding of a part-time juvenile detention officer training program. The monitoring unit shall require the payment of a reasonable tuition fee to aid in funding the costs of administering the part-time juvenile detention officer training program.
(4) The monitoring unit is authorized to expend funds for the purpose of providing a professional library and training aids that will be available to juvenile detention officers.
(5) If any juvenile detention officer in this state who is employed by a county shall, within three (3) years after the date of his employment, resign from, or be terminated from, employment by such county and immediately become employed by another governmental entity in a juvenile detention officer capacity, then the governmental entity by which the resigned or terminated officer is employed shall reimburse the county from which the officer resigned or was terminated a proportionate share of the juvenile detention officer's training expenses which were incurred by such entity, if any.
SECTION 13. (1) No statements, admissions or confessions made by or incrimination information obtained from a child in the course of a screening or assessment that is undertaken in conjunction with any proceedings under this chapter, including, but not limited to, that which is court-ordered, shall be admitted into evidence against the child on the issue of whether the child committed a delinquent act under this chapter or on the issue of guilt in any criminal proceedings.
(2) The provisions of subsection (1) of this section are in addition to and do not override any existing statutory and constitutional prohibition on the admission into evidence in delinquency and criminal proceedings of information obtained during screening, assessment or treatment.
SECTION 14. Section 43-21-105, Mississippi Code of 1972, is amended as follows:
43-21-105. The following words and phrases, for purposes of this chapter, shall have the meanings ascribed herein unless the context clearly otherwise requires:
(a) "Youth court" means the Youth Court Division.
(b) "Judge" means the judge of the Youth Court Division.
(c) "Designee" means any person that the judge appoints to perform a duty which this chapter requires to be done by the judge or his designee. The judge may not appoint a person who is involved in law enforcement to be his designee.
(d) "Child" and "youth" are synonymous, and each means a person who has not reached his eighteenth birthday. A child who has not reached his eighteenth birthday and is on active duty for a branch of the armed services or is married is not considered a "child" or "youth" for the purposes of this chapter.
(e) "Parent" means the father or mother to whom the child has been born, or the father or mother by whom the child has been legally adopted.
(f) "Guardian" means a court-appointed guardian of the person of a child.
(g) "Custodian" means any person having the present care or custody of a child whether such person be a parent or otherwise.
(h) "Legal custodian" means a court-appointed custodian of the child.
(i) "Delinquent child" means a child who has reached his tenth birthday and who has committed a delinquent act.
(j) "Delinquent act" is any act, which if committed by an adult, is designated as a crime under state or federal law, or municipal or county ordinance other than offenses punishable by life imprisonment or death. A delinquent act includes escape from lawful detention and violations of the Uniform Controlled Substances Law and violent behavior.
(k) "Child in need of supervision" means a child who has reached his seventh birthday and is in need of treatment or rehabilitation because the child:
(i) Is habitually disobedient of reasonable and lawful commands of his parent, guardian or custodian and is ungovernable; or
(ii) While being required to attend school, willfully and habitually violates the rules thereof or willfully and habitually absents himself therefrom; or
(iii) Runs away from home without good cause; or
(iv) Has committed a delinquent act or acts.
(l) "Neglected child" means a child:
(i) Whose parent, guardian or custodian or any person responsible for his care or support, neglects or refuses, when able so to do, to provide for him proper and necessary care or support, or education as required by law, or medical, surgical, or other care necessary for his well-being; however, a parent who withholds medical treatment from any child who in good faith is under treatment by spiritual means alone through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall not, for that reason alone, be considered to be neglectful under any provision of this chapter; or
(ii) Who is otherwise without proper care, custody, supervision or support; or
(iii) Who, for any reason, lacks the special care made necessary for him by reason of his mental condition, whether the mental condition is having mental illness or having an intellectual disability; or
(iv) Who, for any reason, lacks the care necessary for his health, morals or well-being.
(m) "Abused child" means a child whose parent, guardian or custodian or any person responsible for his care or support, whether legally obligated to do so or not, has caused or allowed to be caused, upon the child, sexual abuse, sexual exploitation, emotional abuse, mental injury, nonaccidental physical injury or other maltreatment. However, physical discipline, including spanking, performed on a child by a parent, guardian or custodian in a reasonable manner shall not be deemed abuse under this section.
(n) "Sexual abuse" means obscene or pornographic photographing, filming or depiction of children for commercial purposes, or the rape, molestation, incest, prostitution or other such forms of sexual exploitation of children under circumstances which indicate that the child's health or welfare is harmed or threatened.
(o) "A child in need of special care" means a child with any mental or physical illness that cannot be treated with the dispositional alternatives ordinarily available to the youth court.
(p) A "dependent child" means any child who is not a child in need of supervision, a delinquent child, an abused child or a neglected child, and which child has been voluntarily placed in the custody of the Department of Human Services by his parent, guardian or custodian.
(q) "Custody" means the physical possession of the child by any person.
(r) "Legal custody" means the legal status created by a court order which gives the legal custodian the responsibilities of physical possession of the child and the duty to provide him with food, shelter, education and reasonable medical care, all subject to residual rights and responsibilities of the parent or guardian of the person.
(s) "Detention" means the care of children in physically restrictive facilities.
(t) "Shelter" means care of children in physically nonrestrictive facilities.
(u) "Records involving children" means any of the following from which the child can be identified:
(i) All youth court records as defined in Section 43-21-251;
(ii) All social records as defined in Section 43-21-253;
(iii) All law enforcement records as defined in Section 43-21-255;
(iv) All agency records as defined in Section 43-21-257; and
(v) All other documents maintained by any representative of the state, county, municipality or other public agency insofar as they relate to the apprehension, custody, adjudication or disposition of a child who is the subject of a youth court cause.
(v) "Any person responsible for care or support" means the person who is providing for the child at a given time. This term shall include, but is not limited to, stepparents, foster parents, relatives, nonlicensed baby-sitters or other similar persons responsible for a child and staff of residential care facilities and group homes that are licensed by the Department of Human Services.
(w) The singular includes the plural, the plural the singular and the masculine the feminine when consistent with the intent of this chapter.
(x) "Out-of-home" setting means the temporary supervision or care of children by the staff of licensed day care centers, the staff of public, private and state schools, the staff of juvenile detention facilities, the staff of unlicensed residential care facilities and group homes and the staff of, or individuals representing, churches, civic or social organizations.
(y) "Durable legal custody" means the legal status created by a court order which gives the durable legal custodian the responsibilities of physical possession of the child and the duty to provide him with care, nurture, welfare, food, shelter, education and reasonable medical care. All these duties as enumerated are subject to the residual rights and responsibilities of the natural parent(s) or guardian(s) of the child or children.
(z) "Status offense" means conduct subject to adjudication by the youth court that would not be a crime if committed by an adult.
(aa) "Financially able" means a parent or child who is ineligible for a court-appointed attorney.
(bb) "Assessment" means an individualized examination of a child to determine the child's psychosocial needs and problems, including the type and extent of any mental health, substance abuse or co-occurring mental health and substance abuse disorders and recommendations for treatment. The term includes, but is not limited to, a drug and alcohol, psychological and psychiatric evaluation, records review, clinical interview and the administration of a formal test and instrument.
(cc) "Screening" means a process, regardless of whether it includes the administration of a formal instrument, that is designed to identify a child who is at increased risk of having mental health, substance abuse or co-occurring mental health and substance abuse disorders that warrant immediate attention, intervention or more comprehensive assessment.
SECTION 15. Section 43-21-559, Mississippi Code of 1972, is amended as follows:
43-21-559. (1) In arriving at its adjudicatory decision, the youth court shall consider only evidence which has been formally admitted at the adjudicatory hearing. All testimony shall be under oath and may be in narrative form. In proceedings to determine whether a child is a delinquent child or a child in need of supervision, the youth court shall admit any evidence that would be admissible in a criminal proceeding. In proceedings to determine whether a child is a neglected child or an abused child, the youth court shall admit any evidence that would be admissible in a civil proceeding.
(2) An out-of-court admission by the child, even if otherwise admissible, shall be insufficient to support an adjudication that the child is a delinquent child unless the admission is corroborated, in whole or in part, by other competent evidence.
(3) Members of the youth court staff may appear as witnesses except that no member of the youth court staff may testify as to an admission or confession made to him.
(4) (a) No statements, admissions or confessions made by or incrimination information obtained from a child in the course of a screening or assessment that is undertaken in conjunction with any proceedings under this chapter, including, but not limited to, that which is court-ordered, shall be admitted into evidence against the child on the issue of whether the child committed a delinquent act under this chapter or on the issue of guilt in any criminal proceedings.
(b) The provisions of paragraph (a) of this subsection are in addition to and do not override any existing statutory and constitutional prohibition on the admission into evidence in delinquency and criminal proceedings of information obtained during screening, assessment or treatment.
SECTION 16. Section 43-21-561, Mississippi Code of 1972, is amended as follows:
43-21-561. (1) If the youth court finds on proof beyond a reasonable doubt that a child is a delinquent child or a child in need of supervision, the youth court shall enter an order adjudicating the child to be a delinquent child or a child in need of supervision.
(2) Where the petition alleges that the child is a delinquent child, the youth court may enter an order that the child is a child in need of supervision on proof beyond a reasonable doubt that the child is a child in need of supervision.
(3) If the court finds from a preponderance of the evidence that the child is a neglected child, an abused child, a dependent child or a child in need of special care the youth court shall enter an order adjudicating the child to be a neglected child, an abused child, dependent child or a child in need of special care.
(4) No decree or order of adjudication concerning any child shall recite that a child has been found guilty; but it shall recite that a child is found to be a delinquent child or a child in need of supervision or a neglected child or an abused child or a sexually abused child or a dependent child or a child in need of special care. Upon a written motion by a party, the youth court shall make written findings of fact and conclusions of law upon which it relies for the adjudication that the child is a delinquent child, a child in need of supervision, a neglected child, an abused child, a dependent child or a child in need of special care.
(5) No adjudication upon the status of any child shall operate to impose any of the civil disabilities ordinarily imposed on an adult because of a criminal conviction, nor shall any child be deemed a criminal by reason of adjudication, nor shall that adjudication be deemed a conviction. A person in whose interest proceedings have been brought in the youth court may deny, without any penalty, the existence of those proceedings and any adjudication made in those proceedings. Except for the right of a defendant or prosecutor in criminal proceedings and a respondent or a youth court prosecutor in youth court proceedings to cross-examine a witness, including a defendant or respondent, to show bias or interest, no adjudication shall be used for impeachment purposes in any court.
(6) (a) No statements, admissions or confessions made by or incrimination information obtained from a child in the course of a screening or assessment that is undertaken in conjunction with any proceedings under this chapter, including, but not limited to, that which is court-ordered, shall be admitted into evidence against the child on the issue of whether the child committed a delinquent act under this chapter or on the issue of guilt in any criminal proceedings.
(b) The provisions of paragraph (a) of this subsection are in addition to and do not override any existing statutory and constitutional prohibition on the admission into evidence in delinquency and criminal proceedings of information obtained during screening, assessment or treatment.
SECTION 17. Section 43-21-603, Mississippi Code of 1972, is amended as follows:
43-21-603. (1) At the beginning of each disposition hearing, the judge shall inform the parties of the purpose of the hearing.
(2) All testimony shall be under oath unless waived by all parties and may be in narrative form. The court may consider any evidence that is material and relevant to the disposition of the cause, including hearsay and opinion evidence. At the conclusion of the evidence, the youth court shall give the parties an opportunity to present oral argument.
(3) If the child has been adjudicated a delinquent child, before entering a disposition order, the youth court should consider, among others, the following relevant factors:
(a) The nature of the offense;
(b) The manner in which the offense was committed;
(c) The nature and number of a child's prior adjudicated offenses;
(d) The child's need for care and assistance;
(e) The child's current medical history, including medication and diagnosis;
(f) The child's mental health history, which may include, but not be limited to, the Massachusetts Youth Screening Instrument version 2 (MAYSI-2);
(g) Copies of the child's cumulative record from the last school of record, including special education records, if applicable;
(h) Recommendation from the school of record based on areas of remediation needed;
(i) Disciplinary records from the school of record; and
(j) Records of disciplinary actions outside of the school setting.
(4) If the child has been adjudicated a child in need of supervision, before entering a disposition order, the youth court should consider, among others, the following relevant factors:
(a) The nature and history of the child's conduct;
(b) The family and home situation; and
(c) The child's need of care and assistance.
(5) If the child has been adjudicated a neglected child or an abused child, before entering a disposition order, the youth court shall consider, among others, the following relevant factors:
(a) The child's physical and mental conditions;
(b) The child's need of assistance;
(c) The manner in which the parent, guardian or custodian participated in, tolerated or condoned the abuse, neglect or abandonment of the child;
(d) The ability of a child's parent, guardian or custodian to provide proper supervision and care of a child; and
(e) Relevant testimony and recommendations, where available, from the foster parent of the child, the grandparents of the child, the guardian ad litem of the child, representatives of any private care agency that has cared for the child, the family protection worker or family protection specialist assigned to the case, and any other relevant testimony pertaining to the case.
(6) After consideration of all the evidence and the relevant factors, the youth court shall enter a disposition order that shall not recite any of the facts or circumstances upon which the disposition is based, nor shall it recite that a child has been found guilty; but it shall recite that a child is found to be a delinquent child, a child in need of supervision, a neglected child or an abused child.
(7) If the youth court orders that the custody or supervision of a child who has been adjudicated abused or neglected be placed with the Department of Human Services or any other person or public or private agency, other than the child's parent, guardian or custodian, the youth court shall find and the disposition order shall recite that:
(a) (i) Reasonable efforts have been made to maintain the child within his own home, but that the circumstances warrant his removal and there is no reasonable alternative to custody; or
(ii) The circumstances are of such an emergency nature that no reasonable efforts have been made to maintain the child within his own home, and that there is no reasonable alternative to custody; and
(b) That the effect of the continuation of the child's residence within his own home would be contrary to the welfare of the child and that the placement of the child in foster care is in the best interests of the child; or
(c) Reasonable efforts to maintain the child within his home shall not be required if the court determines that:
(i) The parent has subjected the child to aggravated circumstances, including, but not limited to, abandonment, torture, chronic abuse and sexual abuse; or
(ii) The parent has been convicted of murder of another child of that parent, voluntary manslaughter of another child of that parent, aided or abetted, attempted, conspired or solicited to commit that murder or voluntary manslaughter, or a felony assault that results in the serious bodily injury to the surviving child or another child of that parent; or
(iii) The parental rights of the parent to a sibling have been terminated involuntarily; and
(iv) That the effect of the continuation of the child's residence within his own home would be contrary to the welfare of the child and that placement of the child in foster care is in the best interests of the child.
Once the reasonable efforts requirement is bypassed, the court shall have a permanency hearing under Section 43-21-613 within thirty (30) days of the finding.
(8) Upon a written motion by a party, the youth court shall make written findings of fact and conclusions of law upon which it relies for the disposition order. If the disposition ordered by the youth court includes placing the child in the custody of a training school, an admission packet shall be prepared for the child that contains the following information:
(a) The child's current medical history, including medications and diagnosis;
(b) The child's mental health history;
(c) Copies of the child's cumulative record from the last school of record, including special education records, if reasonably available;
(d) Recommendation from the school of record based on areas of remediation needed;
(e) Disciplinary records from the school of record; and
(f) Records of disciplinary actions outside of the school setting, if reasonably available.
Only individuals who are permitted under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) shall have access to a child's medical records which are contained in an admission packet. The youth court shall provide the admission packet to the training school at or before the child's arrival at the training school. The admittance of any child to a training school shall take place between the hours of 8:00 a.m. and 3:00 p.m. on designated admission days.
(9) When a child in the jurisdiction of the Youth Court is committed to the custody of the Mississippi Department of Human Services and is believed to be in need of treatment for a mental or emotional disability or infirmity, the Department of Human Services shall file an affidavit alleging that the child is in need of mental health services with the Youth Court. The Youth Court shall refer the child to the appropriate community mental health center for evaluation pursuant to Section 41-21-67. If the prescreening evaluation recommends residential care, the Youth Court shall proceed with civil commitment pursuant to Sections 41-21-61 et seq., 43-21-315 and 43-21-611, and the Department of Mental Health, once commitment is ordered, shall provide appropriate care, treatment and services for at least as many adolescents as were provided services in fiscal year 2004 in its facilities.
(10) Any screening and assessment examinations ordered by the court may aid in dispositions related to delinquency, but no statements or admissions made during the course thereof may be admitted into evidence against the child on the issue of whether the child committed a delinquent act.
SECTION 18. (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 19. 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 * * *;
and
(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 20. 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; * * *
(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 * * *; and
(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 21. (1) The Mississippi Facility to Treat Girls with Substance Abuse Disorder is hereby created for the treatment of girls with substance abuse disorders. The facility shall have the power to receive and hold property, real, personal and mixed, as a body corporate. The facility shall be under the direction and control of the State Board of Mental Health.
(2) Admissions shall be limited to adolescents with a substance abuse disorder who have been committed to the center by a youth court judge or chancellor or who are voluntarily admitted to the center.
(3) The Mississippi Facility to Treat Girls with Substance Abuse Disorder is authorized to establish and operate a school to meet the educational needs of its clients.
(4) With funds provided by the Legislature, by direct appropriation or authorized bond issue, with federal matching funds, or with any other available funds, the Bureau of Building, Grounds and Real Property Management may construct and equip the necessary residential and service buildings and other facilities to care for the residents of the Mississippi Facility to Treat Girls with Substance Abuse Disorder. The general design of the facility and all construction plans shall be approved and recommended by the State Department of Mental Health.
(5) The Mississippi Facility to Treat Girls with Substance Abuse Disorder shall be administered by the State Board of Mental Health. Provisions relating to the admission and care of residents at the facility shall be promulgated by the board.
(6) Persons admitted to the Mississippi Facility to Treat Girls with Substance Abuse Disorder shall be assessed support and maintenance costs in accordance with the provisions of the state reimbursement laws as they apply to other state institutions.
(7) Any person who (a) knowingly and unlawfully or improperly causes a person to be adjudged to be a person with a substance abuse disorder, (b) procures the escape of a legally committed resident or knowingly conceals an escaped legally committed resident of the facility, or (c) unlawfully brings any firearm, deadly weapon or explosive into the facility or its grounds, or passes any thereof to a resident, employee or officer of the school, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than Fifty Dollars ($50.00), or more than Two Hundred Dollars ($200.00), imprisonment for not less than six (6) months, or both.
(8) The Mississippi Facility to Treat Girls with Substance Abuse Disorder is designated as a state agency for carrying out the purposes of any act of the Congress of the United States, now existing or at any time hereafter enacted, pertaining to intellectual disabilities.
SECTION 22. Section 45-4-1, Mississippi Code of 1972, is amended as follows:
45-4-1. The Legislature
finds that the administration of jails * * * is of statewide
concern, and that the activities of jail officers are important to the health,
safety and welfare of the people of this state and are of such nature as to
require education and training of a professional nature of jail officers. It
is the intent of the Legislature to provide for the coordination of training
programs and the establishment of standards for jail officers.
SECTION 23. Section 45-4-5, Mississippi Code of 1972, is amended as follows:
45-4-5. In addition to the powers conferred upon the Board on Jail Officer Standards and Training elsewhere in this chapter, the board shall have power to:
(a) Promulgate rules and regulations for the administration of this chapter including the authority to require the submission of reports and information by criminal justice departments.
(b) Establish minimum educational and training standards for employment or appointment as a jail officer or a part-time jail officer (i) in a permanent position, and (ii) in a probationary status.
(c) Certify persons as being qualified to be jail officers or part-time jail officers.
(d) Revoke certification for cause and in the manner provided in this chapter.
(e) Establish minimum
curriculum requirements for basic and advanced courses and programs and
continuing education for schools operated by or for the state community
colleges, police departments * * * or sheriffs'
offices for the specific purpose of training jail officers.
(f) Consult and cooperate with counties, municipalities, state agencies, other governmental agencies, and with universities, colleges, junior colleges and other institutions concerning the development of training schools, programs or courses of instruction for jail officers.
(g) Make recommendations concerning any matter within its purview pursuant to this chapter.
(h) Make such inspection and evaluation as may be necessary to determine if agencies are complying with the provisions of this chapter.
(i) Approve jail officer training schools.
(j) Upon the request of sheriffs or chiefs of police, conduct surveys or aid agencies to conduct surveys through qualified public or private agencies and assist in the implementation of any recommendations resulting from such surveys.
(k) Upon request, conduct general and specific management surveys and studies of the operations of the requesting jails at no cost to those agencies. The role of the board under this subsection shall be that of management consultant.
(l) Adopt and amend regulations consistent with law, for its internal management and control of board programs.
(m) To apply for, receive and expend any federal, state or local funds or contributions, gifts, donations, grants or funds from any other source.
(n) Enter into contracts or do such things as may be necessary and incidental to the administration of this chapter.
SECTION 24. Sections 1 through 9 of this act and Section 18 of this act shall be codified in Chapter 21, Title 43, Mississippi Code of 1972.
SECTION 25. This act shall take effect and be in force from and after July 1, 2015.