Tabled
COMMITTEE AMENDMENT NO 1 PROPOSED TO
Senate Bill No. 2527
BY: Committee
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 9-23-1, Mississippi Code of 1972, is amended as follows:
9-23-1. This chapter shall be known and may be cited as the "Alyce Griffin Clarke Drug Intervention Court Act."
SECTION 2. Section 9-23-3, Mississippi Code of 1972, is amended as follows:
9-23-3. (1) The Legislature of Mississippi recognizes the critical need for judicial intervention to reduce the incidence of alcohol and drug use, alcohol and drug addiction, and crimes committed as a result of alcohol and drug use and alcohol and drug addiction. It is the intent of the Legislature to facilitate local drug intervention court alternative orders adaptable to chancery, circuit, county, youth, municipal and justice courts.
(2) The goals of the drug intervention courts under this chapter include the following:
(a) To reduce alcoholism and other drug dependencies among adult and juvenile offenders and defendants and among respondents in juvenile petitions for abuse, neglect or both;
(b) To reduce criminal and delinquent recidivism and the incidence of child abuse and neglect;
(c) To reduce the alcohol-related and other drug-related court workload;
(d) To increase personal, familial and societal accountability of adult and juvenile offenders and defendants and respondents in juvenile petitions for abuse, neglect or both;
(e) To promote effective interaction and use of resources among criminal and juvenile justice personnel, child protective services personnel and community agencies; and
(f) To use corrections resources more effectively by redirecting prison-bound offenders whose criminal conduct is driven in part by drug and alcohol dependence to intensive supervision and clinical treatment available in the drug intervention court.
SECTION 3. Section 9-23-5, Mississippi Code of 1972, is amended as follows:
9-23-5. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:
(a) "Chemical * * * tests" means the analysis of
an individual's: (i) blood, (ii) breath, (iii) hair, (iv) sweat, (v) saliva,
(vi) urine, or (vii) other bodily substance to determine the presence of
alcohol or a controlled substance.
(b) "Crime of violence" means an offense listed in Section 97-3-2.
(c) "Drug
intervention court" means a drug court * * * that utilizes an immediate and highly structured intervention
process for eligible defendants or juveniles that brings together mental health
professionals, substance abuse professionals, local social programs and
intensive judicial monitoring.
(d) "Evidence-based
program" * * * and
"researched-based program" have the meanings as those terms are
defined in Section 27-103-159.
(e) "Risk and needs assessment" means the use of an actuarial assessment tool validated on a Mississippi corrections population to determine a person's risk to reoffend and the characteristics that, if addressed, reduce the risk to reoffend.
SECTION 4. Section 9-23-9, Mississippi Code of 1972, is brought forward as follows:
9-23-9. (1) The State Intervention Courts Advisory Committee is established to develop and periodically update proposed statewide evaluation plans and models for monitoring all critical aspects of intervention courts. The committee must provide the proposed evaluation plans to the Chief Justice and the Administrative Office of Courts. The committee shall be chaired by the Director of the Administrative Office of Courts or a designee of the director and shall consist of eleven (11) members all of whom shall be appointed by the Supreme Court. The members shall be broadly representative of the courts, mental health, veterans affairs, law enforcement, corrections, criminal defense bar, prosecutors association, juvenile justice, child protective services and substance abuse treatment communities.
(2) The State Intervention Courts Advisory Committee may also make recommendations to the Chief Justice, the Director of the Administrative Office of Courts and state officials concerning improvements to intervention court policies and procedures including the intervention court certification process. The committee may make suggestions as to the criteria for eligibility, and other procedural and substantive guidelines for intervention court operation.
(3) The State Intervention Courts Advisory Committee shall act as arbiter of disputes arising out of the operation of intervention courts established under this chapter and make recommendations to improve the intervention courts; it shall also make recommendations to the Supreme Court necessary and incident to compliance with established rules.
(4) The State Intervention Courts Advisory Committee shall establish through rules and regulations a viable and fiscally responsible plan to expand the number of adult and juvenile intervention court programs operating in Mississippi. These rules and regulations shall include plans to increase participation in existing and future programs while maintaining their voluntary nature.
(5) The State Intervention Courts Advisory Committee shall receive and review the monthly reports submitted to the Administrative Office of Courts by each certified intervention court and provide comments and make recommendations, as necessary, to the Chief Justice and the Director of the Administrative Office of Courts.
SECTION 5. Section 9-23-11, Mississippi Code of 1972, is amended as follows:
9-23-11. (1) The Administrative Office of
Courts shall establish, implement and operate a uniform certification process
for all intervention courts and other problem-solving courts including juvenile
courts, veterans courts or any other court designed to adjudicate criminal
actions involving an identified classification of criminal defendant to ensure
funding for intervention courts supports effective and proven practices that
reduce recidivism and substance dependency among * * * participants.
(2) The Administrative Office of Courts shall establish a certification process that ensures any new or existing intervention court meets minimum standards for intervention court operation.
(a) These standards shall include, but are not limited to:
(i)
The use of evidence-based * * * practices or research-based programs, including, but
not limited to, the use of a valid and reliable risk and needs assessment tool
to identify participants and deliver appropriate interventions;
(ii) Targeting medium to high-risk offenders for participation;
(iii)
The use of current, evidence-based * * * or research-based programs,
proven to reduce dependency on drugs or alcohol, or both;
(iv) Frequent testing for alcohol or drugs;
(v) Coordinated strategy between all intervention court program personnel involving the use of graduated clinical interventions;
(vi) Ongoing judicial interaction with each participant; and
(vii) Monitoring and evaluation of intervention court program implementation and outcomes through data collection and reporting.
(b) Intervention court certification applications shall include:
(i) A description of the need for the intervention court;
(ii) The targeted population for the intervention court;
(iii) The eligibility criteria for intervention court participants;
(iv) A description of the process for identifying appropriate participants including the use of a risk and needs assessment and a clinical assessment;
(v)
A description of the intervention court intervention components, including
anticipated budget * * *, implementation plan; and
(vi) The data collection plan, which shall include collecting the following data:
1. Total number of participants;
2. Total number of successful participants;
3. Total number of unsuccessful participants and the reason why each participant did not complete the program;
4. Total number of participants who were arrested for a new criminal offense while in the intervention court program;
5. Total number of participants who were convicted of a new felony or misdemeanor offense while in the intervention court program;
6. Total number of participants who committed at least one (1) violation while in the intervention court program and the resulting sanction(s);
7.
Results of the initial risk and needs assessment or other clinical assessment
conducted on each participant; * * *
8.
Total number of applications for screening by race, gender, offenses charged,
indigence and, if not accepted, the reason for nonacceptance; * * *
9. Identification of any program participant who, after completion of an intervention program, was arrested for a new criminal offense; and
* * *10. Any other data or information as
required by the Administrative Office of Courts.
(c) Every intervention court shall be certified under the following schedule:
(i)
An intervention court application submitted after July 1, 2014, shall require
certification of the intervention court based on the proposed * * * intervention court plan.
(ii) An intervention court initially established and certified after July 1, 2014, shall be recertified after its second year of funded operation on a time frame consistent with the other certified courts of its type.
(iii)
A certified adult felony intervention court in existence on December 31, 2018,
must submit a recertification petition by July 1, 2019, and be recertified
under the requirements of this section on or before December 31, 2019; after
the recertification, all certified adult felony intervention courts must submit
a recertification petition every two (2) years to the Administrative Office of
Courts. The recertification process must be completed by December 31 * * * of every odd calendar year.
(iv)
A certified youth, family, misdemeanor or chancery intervention court in
existence on December 31, 2018, must submit a recertification petition by July * * * 1, 2020, and be recertified under
the requirements of this section by December 31, 2020. After the
recertification, all certified youth, family, misdemeanor and chancery
intervention courts must submit a recertification petition every two (2) years
to the Administrative Office of Courts. The recertification process must be
completed by December 31 * * *st of every even calendar year.
(3)
All certified intervention courts shall measure successful completion of the * * * intervention court based on those
participants who complete the program without a new criminal conviction.
(4) (a) All certified * * * intervention courts must collect
and submit to the Administrative Office of Courts each month, the following
data:
(i) Total number of participants at the beginning of the month;
(ii) Total number of participants at the end of the month;
(iii) Total number of participants who began the program in the month;
(iv) Total number of participants who successfully completed the intervention court in the month;
(v) Total number of participants who left the program in the month;
(vi) Total number of participants who were arrested for a new criminal offense while in the intervention court program in the month;
(vii)
Total number of participants who were convicted for a new criminal arrest while
in the intervention court program in the month; * * *
(viii)
Total number of participants who committed at least one (1) violation while in
the intervention court program and any resulting sanction(s) * * *; and
(ix) Total amount of state, federal, county or municipal monies received and spent.
(b) By August 1, 2015, and each year thereafter, the Administrative Office of Courts shall report to the PEER Committee the information in subsection (4)(a) of this section in a sortable, electronic format.
(5) All certified intervention courts may individually establish rules and may make special orders and rules as necessary that do not conflict with the rules promulgated by the Supreme Court or the Administrative Office of Courts.
(6) A certified intervention court may appoint the full- or part-time employees it deems necessary for the work of the intervention court and shall fix the compensation of those employees. Such employees shall serve at the will and pleasure of the judge or the judge's designee.
(7) The Administrative Office of Courts shall promulgate rules and regulations to carry out the certification and re-certification process, including, but not limited to, requiring third-party providers under contract to provide services that comport with evidence-based or research-based programs, and to make any other policies not inconsistent with this section to carry out this process. Notwithstanding any other provision of law to the contrary, any contract with a third-party provider shall comply with all state purchasing and bid laws.
(8) A certified intervention court established under this chapter is subject to the regulatory powers of the Administrative Office of Courts as set forth in Section 9-23-17.
(9) The Administrative Office of Courts shall promulgate rules and regulations to allow any participant of intervention court who is participating in such court due to an implied consent violation to have a restricted license or ignition interlock for the purpose of driving to intervention court.
SECTION 6. Section 9-23-13, Mississippi Code of 1972, is amended as follows:
9-23-13. (1) * * * A drug intervention court's
alcohol and drug intervention component shall provide * * * to
eligible individuals, either directly or through referrals, a range of
necessary court intervention services, including, but not limited to, the
following:
(a) Screening using a valid and reliable assessment tool effective for identifying alcohol and drug dependent persons for eligibility and appropriate services;
(b) Clinical assessment; for a DUI offense, if the person has two (2) or more DUI convictions, the court shall order the person to undergo an assessment that uses a standardized evidence-based instrument performed by a physician to determine whether the person has a diagnosis for alcohol and/or drug dependence and would likely benefit from a court-approved medication-assisted treatment indicated and approved for the treatment of alcohol and/or drug dependence by the United States Food and Drug Administration, as specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. Upon considering the results of the assessment, the court may refer the person to a rehabilitative program that offers one or more forms of court-approved medications that are approved for the treatment of alcohol and/or drug dependence by the United States Food and Drug Administration;
(c) Education;
(d) Referral;
(e) Service coordination and case management; and
(f) Counseling and rehabilitative care.
(2) Any inpatient treatment or inpatient detoxification program ordered by the court shall be certified by the Department of Mental Health, other appropriate state agency or the equivalent agency of another state.
(3) All drug intervention courts shall make available the option for participants to use court-approved medication-assisted treatment while participating in the programs of the court in accordance with the recommendations of the National Drug Court Institute.
SECTION 7. Section 9-23-15, Mississippi Code of 1972, is amended as follows:
9-23-15. (1) In order to be eligible for alternative sentencing through a local drug intervention court, the participant must satisfy each of the following criteria:
(a) The participant cannot have any felony convictions for any offenses that are crimes of violence as defined in Section 97-3-2 within the previous ten (10) years.
(b) The crime before the court cannot be a crime of violence as defined in Section 97-3-2.
(c) Other criminal proceedings alleging commission of a crime of violence cannot be pending against the participant.
(d) The participant cannot be charged with burglary of a dwelling under Section 97-17-23(2) or 97-17-37.
(e) The crime before the court cannot be a charge of driving under the influence of alcohol or any other drug or drugs that resulted in the death of a person.
(f) The crime charged cannot be one of trafficking in controlled substances under Section 41-29-139(f), nor can the participant have a prior conviction for same.
(2) Participation in the services of an alcohol and drug intervention component shall be open only to the individuals over whom the court has jurisdiction, except that the court may agree to provide the services for (i) individuals referred from another intervention court or (ii) individuals who are residents of states that allow reciprocity for Mississippians to participate in intervention courts in that state. In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.
(3) (a) As a condition of
participation in * * *
a drug intervention court, a participant may be required to undergo a
chemical test or a series of chemical tests as specified by the drug
intervention court. A participant is liable for the costs of all chemical
tests required under this section, regardless of whether the costs are paid to
the drug intervention court or the laboratory; however, if testing is
available from other sources or the program itself, the judge may waive any
fees for testing. The judge may waive all fees if the applicant is determined
to be indigent.
(b) A laboratory that performs a chemical test under this section shall report the results of the test to the drug intervention court.
(4) A person does not have a right to participate in a drug intervention court under this chapter. The court having jurisdiction over a person for a matter before the court shall have the final determination about whether the person may participate in drug intervention court under this chapter. However, any person meeting the eligibility criteria in subsection (1) of this section shall, upon request, be screened for admission to drug intervention court.
SECTION 8. Section 9-23-17, Mississippi Code of 1972, is amended as follows:
9-23-17. With regard to any drug intervention court, the Administrative Office of Courts shall do the following:
(a) Certify and re-certify drug intervention court applications that meet standards established by the Administrative Office of Courts in accordance with this chapter.
(b) Ensure that the structure of the intervention component complies with rules adopted under this section and applicable federal regulations.
(c) Revoke the authorization of a program upon a determination that the program does not comply with rules adopted under this section and applicable federal regulations.
(d) Make agreements and contracts to effectuate the purposes of this chapter with:
(i) Another department, authority or agency of the state;
(ii) Another state;
(iii) The federal government;
(iv) A state-supported or private university; or
(v) A public or private agency, foundation, corporation or individual.
(e) Directly, or by contract, approve and certify any intervention component established under this chapter.
(f) Require, as a condition of operation, that each drug intervention court created or funded under this chapter be certified by the Administrative Office of Courts.
(g) Collect monthly data reports submitted by all certified drug intervention courts, provide those reports to the State Intervention Courts Advisory Committee, compile an annual report summarizing the data collected and the outcomes achieved by all certified intervention courts and submit the annual report to the Oversight Task Force.
(h) As funding is
available or every * * * five (5)
years, the Administrative Office of Courts will contract with an
external evaluator to conduct an evaluation of the effectiveness of the statewide
drug intervention court program * * * and individual drug
intervention courts * * *. Notwithstanding
any other provision of law to the contrary, contract shall comply with all
state purchasing and bid laws.
(i) Adopt rules to implement this chapter.
SECTION 9. Section 9-23-19, Mississippi Code of 1972, is amended as follows:
9-23-19. (1) All
monies received from any source by * * * a
drug intervention court shall be accumulated in a fund to be used only for drug
intervention court purposes. Any funds remaining in this fund at the end of a
fiscal year shall not lapse into any general fund, but shall be retained in the
Drug Intervention Court Fund for the funding of further activities by
the drug intervention court.
(2) * * * A drug intervention court may
apply for and receive the following:
(a) Gifts, bequests and donations from private sources.
(b) Grant and contract money from governmental sources.
(c) Other forms of financial assistance approved by the court to supplement the budget of the drug intervention court.
(3) The costs of participation in an alcohol and drug intervention program required by the certified drug intervention court may be paid by the participant or out of user fees or such other state, federal or private funds that may, from time to time, be made available.
(4) The court may assess such reasonable and appropriate fees to be paid to the local Drug Intervention Court Fund for participation in an alcohol or drug intervention program; however, all fees may be waived if the applicant is determined to be indigent.
SECTION 10. Section 9-23-21, Mississippi Code of 1972, is amended as follows:
9-23-21. The director and members of the professional and administrative staff of the drug intervention court who perform duties in good faith under this chapter are immune from civil liability for:
(a) Acts or omissions in providing services under this chapter; and
(b) The reasonable exercise of discretion in determining eligibility to participate in the drug intervention court.
SECTION 11. Section 9-23-23, Mississippi Code of 1972, is amended as follows:
9-23-23. If the participant
completes all requirements imposed upon him by the drug intervention
court, including the payment of fines and fees assessed and not waived by the
court, the charge and prosecution shall be dismissed. If the defendant or
participant was sentenced at the time of entry of plea of guilty, the
successful completion of the drug intervention court order and other
requirements of probation or suspension of sentence will result in the record
of the criminal conviction or adjudication being expunged. * * *
SECTION 12. Section 9-23-51, Mississippi Code of 1972, is amended as follows:
9-23-51. There is created
in the State Treasury a special interest-bearing fund to be known as the Drug Intervention
Court Fund. The purpose of the fund shall be to provide supplemental funding
to all drug intervention courts in the state. Monies from the funds
derived from assessments under Section 99-19-73 shall be distributed by the
State Treasurer upon warrants issued by the Administrative Office of Courts,
pursuant to procedures set by the State * * * Intervention
Courts Advisory Committee to assist both juvenile drug intervention
courts and adult drug intervention courts. Funds from other sources
shall be distributed to the drug intervention courts in the state based
on a formula set by the State * * * Intervention
Courts Advisory Committee. The fund shall be a continuing fund, not subject to
fiscal-year limitations, and shall consist of: (a) monies appropriated by the
Legislature for the purposes of funding drug intervention courts; (b)
the interest accruing to the fund; (c) monies received under the provisions of
Section 99-19-73; (d) monies received from the federal government; and (e)
monies received from such other sources as may be provided by law.
SECTION 13. Section 9-25-1, Mississippi Code of 1972, is amended as follows:
9-25-1. (1) The
Legislature recognizes that our military veterans have provided an invaluable
service to our country. In doing so, many may have suffered the effects of,
including, but not limited to, post-traumatic stress disorder, traumatic brain
injury and depression, and may also suffer drug and alcohol dependency or
addiction and co-occurring mental illness and substance abuse problems. As a
result of this, some veterans come into contact with the criminal justice
system and are charged with felony offenses. There is a critical need for the
justice system to recognize these veterans, provide accountability for their
wrongdoing, provide for the safety of the public, and provide for the treatment
of our veterans. It is the intent of the Legislature to create a framework for
which specialized veterans * * * intervention
courts may be established at the circuit court level and at the discretion of
the circuit court judge.
(2) Authorization.
A circuit court judge may establish a Veterans * * * Intervention
Court program. The Veterans * * * Intervention
Court may, at the discretion of the circuit court judge, be a separate court
program or as a component of an existing intervention court program. At the
discretion of the circuit court judge, the Veterans * * * Intervention
Court may be operated in one (1) county within the circuit court district, and
allow veteran participants from all counties within the circuit court district
to participate.
(3) Eligibility.
(a) In order to be eligible to participate in a Veterans * * * Intervention
Court program established under this section, the attorney representing the
state must consent to the defendant's participation in the program. Further,
the court in which the criminal case is pending must have found that the
defendant is a veteran of the United States Armed Forces as defined in Title 38
USCS.
(b) Participation in
the services of an alcohol and drug intervention component shall only be open
to the individuals over whom the court has jurisdiction, except that the court
may agree to provide the services for individuals referred from another
Veterans * * * Intervention Court. In cases
transferred from another jurisdiction, the receiving judge shall act as a
special master and make recommendations to the sentencing judge.
(c) (i) As a
condition of participation in a Veterans * * * Intervention
Court, a participant may be required to undergo a chemical test or a series of
chemical tests as specified by the Veterans * * * Intervention
Court program. A participant may be held liable for costs associated with all
chemical tests required under this section. However, a judge may waive any
fees for testing.
(ii) A laboratory
that performs chemical tests under this section shall report the results of the
tests to the Veterans * * * Intervention Courts.
(d) A person does not
have the right to participate in a Veterans * * * Intervention Court program
under this chapter. The court having jurisdiction over a person for a matter
before the court shall have the final determination about whether the person
may participate in the Veterans * * * Intervention Court program.
(e) A defendant shall
be excluded from participating in a Veterans * * * Intervention Court program if
any one (1) of the following applies:
(i) The crime
before the court is a crime of violence as set forth in subparagraph * * * (iii) of this * * * paragraph (e).
(ii) The defendant
does not demonstrate a willingness to participate in * * * an intervention program.
(iii) The defendant has been previously convicted of a felony crime of violence including, but not limited to: murder, rape, sexual battery, statutory rape of a child under the age of sixteen (16), armed robbery, arson, aggravated kidnapping, aggravated assault, stalking, or any offense involving the discharge of a firearm or where serious bodily injury or death resulted to any person; excluding burglary of an unoccupied dwelling under Section 97-17-23(1).
(f) The court in which
the criminal case is pending shall allow an eligible defendant to choose
whether to proceed through the Veterans * * * Intervention Court program or
otherwise through the justice system.
(g) Proof of matters under this section may be submitted to the court in which the criminal case is pending in any form the court determines to be appropriate, including military service and medical records, previous determinations of a disability by a veteran's organization or by the United States Department of Veterans Affairs, testimony or affidavits of other veterans or service members, and prior determinations of eligibility for benefits by any state or county veterans office.
(4) Administrative
Office of Courts. With regard to any Veterans * * * Intervention Court
established under this chapter, the Administrative Office of Courts may do the
following:
(a) Ensure that the structure of the intervention component complies with rules adopted under this chapter and applicable federal regulations.
(b) Revoke the authorization of a program upon a determination that the program does not comply with rules adopted under this chapter and applicable federal regulations.
(c) Enter into agreements and contracts to effectuate the purposes of this chapter with:
(i) Another department, authority, or agency of the state;
(ii) Another state;
(iii) The federal government;
(iv) A state-supported or private university; or
(v) A public or private agency, foundation, corporation, or individual.
(d) Directly, or by contract, approve and certify any veterans intervention component established under this chapter.
(e) Require, as a condition of operation, that each veterans intervention court created or funded under this chapter be certified by the Administrative Office of Courts.
(f) Adopt rules to implement this chapter.
(5) State
Intervention Courts Advisory Committee. (a) The State Intervention
Court Advisory Committee shall be responsible for developing statewide rules
and policies as they relate to Veterans * * * Intervention Court programs.
(b) The State
Intervention Courts Advisory Committee may also make recommendations to
the Chief Justice, the Director of the Administrative Office of Courts and
state officials concerning improvements to Veterans * * * Intervention Court policies
and procedures.
(c) The State
Intervention Courts Advisory Committee shall act as an arbiter of
disputes arising out of the operation of Veterans * * * Intervention Court programs
established under this chapter and make recommendations to improve the Veterans * * * Intervention Court programs.
(6) Funding for
Veterans * * *
Intervention Courts. (a) All monies received from any source by
the Veterans * * * Intervention Court program shall be accumulated in
a fund to be used only for Veterans * * * Intervention Court purposes.
Any funds remaining in this fund at the end of the fiscal year shall not lapse
into the General Fund, but shall be retained in the Veterans * * * Intervention Court fund for
the funding of further activities by the Veterans * * * Intervention Court program.
(b) A Veterans * * * Intervention Court program
may apply for and receive the following:
(i) Gifts, bequests and donations from private sources.
(ii) Grant and contract money from governmental sources.
(iii) Other forms
of financial assistance approved by the court to supplement the budget of the
Veterans * * *
Intervention Court program.
(7) Immunity.
The coordinator and members of the professional and administrative staff of the
Veterans * * *
Intervention Court program who perform duties in good faith under this
chapter are immune from civil liability for:
(a) Acts or omissions in providing services under this chapter; and
(b) The reasonable
exercise of discretion in determining eligibility to participate in the
Veterans * * *
Intervention Court program.
(8) This section shall be codified as a separate article in Title 9, Mississippi Code of 1972.
SECTION 14. Section 9-27-1, Mississippi Code of 1972, is amended as follows:
9-27-1. This chapter shall
be known and may be cited as the "Rivers McGraw Mental Health * * * Intervention Court
Act."
SECTION 15. Section 9-27-3, Mississippi Code of 1972, is amended as follows:
9-27-3. (1) The Legislature recognizes the critical need for judicial intervention to establish court processes and procedures that are more responsive to the needs of defendants with mental illnesses, while maintaining public safety and the integrity of the court process.
(2) The goals of the mental health intervention courts under this chapter include the following:
(a) Reduce the number of future criminal justice contacts among offenders with mental illnesses;
(b) Reduce the inappropriate institutionalization of people with mental illnesses;
(c) Improve the mental health and well-being of defendants who come in contact with the criminal justice system;
(d) Improve linkages between the criminal justice system and the mental health system;
(e) Expedite case processing;
(f) Protect public safety;
(g) Establish linkages with other state and local agencies and programs that target people with mental illnesses in order to maximize the delivery of services; and
(h) To use corrections resources more effectively by redirecting prison-bound offenders whose criminal conduct is driven in part by mental illnesses to intensive supervision and clinical treatment available in the mental health intervention court.
SECTION 16. Section 9-27-5, Mississippi Code of 1972, is amended as follows:
9-27-5. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:
(a) "Chemical tests" means the analysis of an individual's: (i) blood, (ii) breath, (iii) hair, (iv) sweat, (v) saliva, (vi) urine, or (vii) other bodily substance to determine the presence of alcohol or a controlled substance.
(b) "Mental
health * * * intervention court" means an immediate and
highly structured intervention process for mental health treatment of eligible
defendants or juveniles that:
(i) Brings together mental health professionals, local social programs and intensive judicial monitoring; and
(ii) Follows the * * * essential elements of the
mental health intervention court curriculum published by the Bureau of
Justice Assistance of the United States Department of Justice.
(c) "Evidence-based * * * program" * * * and
"research-based program" have the meanings as those terms are defined
in Section 27-103-159.
(d) "Risk and needs assessment" means the use of an actuarial assessment tool validated on a Mississippi corrections population to determine a person's risk to reoffend and the characteristics that, if addressed, reduce the risk to reoffend.
SECTION 17. Section 9-27-7, Mississippi Code of 1972, is amended as follows:
9-27-7. (1) The Administrative Office of Courts is the repository for reports filed by courts established under this chapter. The goal of the mental health intervention courts is to support effective and proven practices that reduce recidivism and provide treatment for participants.
(2) Mental health intervention courts must adhere to the standards established in this chapter.
(a) These standards shall include, but are not limited to:
(i) The use of evidence-based practices including, but not limited to, the use of a valid and reliable risk and needs assessment tool to identify participants and deliver appropriate treatments;
(ii) Targeting medium- to high-risk offenders for participation;
(iii) The use of current, evidence-based interventions proven to provide mental health treatment;
(iv) Coordinated strategy between all mental health intervention court personnel;
(v) Ongoing judicial interaction with each participant; and
(vi) Monitoring and evaluation of mental health intervention court implementation and outcomes through data collection and reporting.
(b) Mental health intervention courts must implement a data collection plan, which shall include collecting the following data:
(i) Total number of participants;
(ii) Total number of successful participants;
(iii) Total number of unsuccessful participants and the reason why each participant did not complete the program;
(iv) Total number of participants who were arrested for a new criminal offense while in the mental health intervention court;
(v) Total number of participants who were convicted of a new felony or misdemeanor offense while in the mental health intervention court;
(vi) Total number of participants who committed at least one (1) violation while in the mental health intervention court and the resulting sanction(s);
(vii) Results of the initial risk and needs assessment or other clinical assessment conducted on each participant; and
(viii) Any other data or information as required by the Administrative Office of Courts.
(3) All mental health intervention courts must measure successful completion of the program based on those participants who complete the program without a new criminal conviction.
(4) (a) Mental health intervention courts must collect and submit to the Administrative Office of Courts each month, the following data:
(i) Total number of participants at the beginning of the month;
(ii) Total number of participants at the end of the month;
(iii) Total number of participants who began the program in the month;
(iv) Total number of participants who successfully completed the program in the month;
(v) Total number of participants who left the program in the month;
(vi) Total number of participants who were arrested for a new criminal offense while in the program in the month;
(vii) Total number
of participants who were convicted for a new criminal arrest while in the
program in the month; * * *
(viii) Total
number of participants who committed at least one (1) violation while in the
program and any resulting sanction(s) * * * ; and
(ix) Total amount of state, federal, county or municipal monies received and spent.
(b) By August 1, 2018, and each year thereafter, the Administrative Office of Courts shall report to the PEER Committee the information in subsection (4)(a) of this section in a sortable, electronic format.
(5) Mental health intervention courts may individually establish rules and may make special orders and rules as necessary that do not conflict with rules promulgated by the Supreme Court or the Administrative Office of Courts.
(6) A mental health intervention court may appoint the full- or part-time employees it deems necessary for the work of the mental health intervention court and shall fix the compensation of those employees, who shall serve at the will and pleasure of the senior circuit court judge.
(7) A mental health intervention
court established under this chapter is subject to the regulatory powers of the
Administrative Office of Courts as set forth in Section * * * 9-23-17.
SECTION 18. Section 9-27-9, Mississippi Code of 1972, is amended as follows:
9-27-9. (1) A mental health intervention court's mental health intervention component shall provide for eligible individuals, either directly or through referrals, a range of necessary court treatment services, including, but not limited to, the following:
(a) Screening using a valid and reliable assessment tool effective for identifying persons affected by mental health issues for eligibility and appropriate services;
(b) Clinical assessment;
(c) Education;
(d) Referral;
(e) Service coordination and case management; and
(f) Counseling and rehabilitative care.
(2) Any inpatient treatment ordered by the court shall be certified by the Department of Mental Health, other appropriate state agency or the equivalent agency of another state.
SECTION 19. Section 9-27-11, Mississippi Code of 1972, is amended as follows:
9-27-11. (1) In order to be eligible for alternative sentencing through a local mental health intervention court, the participant must satisfy each of the following criteria:
(a) The participant
cannot have any felony convictions for any offenses that are crimes of violence
as defined in Section 97-3-2, * * * except burglary of an
unoccupied dwelling under Section 97-17-23(1), within the previous ten (10)
years.
(b) The crime before
the court cannot be a crime of violence as defined in Section 97-3-2, * * * except burglary of an
unoccupied dwelling under Section 97-17-23(1).
(c) Other criminal
proceedings alleging commission of a crime of violence * * *, except burglary of an
unoccupied dwelling under Section 97-17-23(1) cannot be pending against the
participant.
(d) The crime before
the court cannot be a charge of driving under the influence of alcohol or any
other substance that resulted in the death of a person. * * *
(e) The crime charged cannot be one of trafficking in controlled substances under Section 41-29-139(f), nor can the participant have a prior conviction for same.
(2) Participation in the
services of a mental health * * * intervention component shall
be open only to the individuals over whom the court has jurisdiction, except
that the court may agree to provide the services for individuals referred from
another mental health intervention court. In cases transferred from
another jurisdiction, the receiving judge shall act as a special master and
make recommendations to the sentencing judge.
(3) (a) As a condition of participation in a mental health intervention court, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the program. A participant is liable for the costs of all chemical tests required under this section, regardless of whether the costs are paid to the mental health intervention court or the laboratory; however, if testing is available from other sources or the program itself, the judge may waive any fees for testing. Fees may be waived if the applicant is determined to be indigent.
(b) A laboratory that performs a chemical test under this section shall report the results of the test to the mental health intervention court.
(4) A person does not have a right to participate in a mental health intervention court under this chapter. The court having jurisdiction over a person for a matter before the court shall have the final determination about whether the person may participate in the mental health intervention court under this chapter. However, any person meeting the eligibility criteria in subsection (1) of this section, shall, upon request, be screened for admission into the court's program.
SECTION 20. Section 9-27-15, Mississippi Code of 1972, is amended as follows:
9-27-15. (1) All monies received from any source by a mental health intervention court shall be accumulated in a local fund to be used only for mental health intervention court purposes. Any funds remaining in a local fund at the end of a fiscal year shall not lapse into any general fund, but shall be retained in the mental health intervention court fund for the funding of further activities by the mental health intervention court.
(2) A mental health intervention court may apply for and receive the following:
(a) Gifts, bequests and donations from private sources.
(b) Grant and contract monies from governmental sources.
(c) Other forms of
financial assistance approved by the court to supplement the budget of the
mental health * * * intervention court.
(3) The costs of participation in a mental health treatment program required by the mental health intervention court may be paid by the participant or out of user fees or such other state, federal or private funds that may, from time to time, be made available.
(4) The court may assess reasonable and appropriate fees to be paid to the local mental health intervention court fund for participation in a mental health treatment program; however, all fees may be waived by the court if the applicant is determined to be indigent.
SECTION 21. Section 9-27-17, Mississippi Code of 1972, is amended as follows:
9-27-17. The director and members of the professional and administrative staff of the mental health intervention court who perform duties in good faith under this chapter are immune from civil liability for:
(a) Acts or omissions in providing services under this chapter; and
(b) The reasonable exercise of discretion in determining eligibility to participate in the mental health intervention court.
SECTION 22. Section 9-27-19, Mississippi Code of 1972, is amended as follows:
9-27-19. If the participant completes all requirements imposed upon him by the mental health intervention court, the charge and prosecution shall be dismissed. If the defendant or participant was sentenced at the time of entry of a plea of guilty, the successful completion of the mental health intervention court order and other requirements of probation or suspension of sentence will result in the record of the criminal conviction or adjudication being expunged.
SECTION 23. Section 9-7-5, Mississippi Code of 1972, is brought forward as follows:
9-7-5. The First Circuit Court District is composed of the following counties:
(a) Alcorn County;
(b) Itawamba County;
(c) Lee County;
(d) Monroe County;
(e) Pontotoc County;
(f) Prentiss County; and
(g) Tishomingo County.
SECTION 24. Section 9-7-7, Mississippi Code of 1972, is brought forward as follows:
9-7-7. (1) There shall be four (4) judges for the First Circuit Court District.
(2) The four (4) judgeships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two," "Place Three" and "Place Four." The judge to fill Place One must reside in Alcorn, Prentiss or Tishomingo County. The judges to fill Place Two and Place Three must reside in Itawamba, Lee, Monroe or Pontotoc County. The judge to fill Place Four may be a resident of any county in the district. Election of the four (4) offices of judge shall be by election to be held in every county within the First Circuit Court District.
SECTION 25. Section 9-7-45, Mississippi Code of 1972, is brought forward as follows:
9-7-45. The Seventeenth Circuit Court District shall be divided into two (2) subdistricts as follows:
(a) Subdistrict 17-1 shall be composed of DeSoto County; and
(b) Subdistrict 17-2 shall be composed of Panola County, Tallahatchie County, Tate County and Yalobusha County.
SECTION 26. Section 9-7-46, Mississippi Code of 1972, is brought forward as follows:
9-7-46. (1) There shall be four (4) circuit judges for the Seventeenth Circuit Court District.
(2) For the purpose of appointment and election, the four (4) judgeships shall be separate and distinct, and one (1) judge shall be elected from Subdistrict 17-1, two (2) judges shall be elected from Subdistrict 17-2, and one (1) judge shall be elected from every county in the district. The two (2) judgeships in Subdistrict 17-2 shall be denominated as "Place One" and "Place Two," the judgeship in Subdistrict 17-1 shall be denominated as "Place Three," and the at-large judgeship shall be denominated as "Place Four."
SECTION 27. Section 9-5-13, Mississippi Code of 1972, is brought forward as follows:
9-5-13. (1) There shall be three (3) chancellors for the Third Chancery Court District.
(2) (a) The chancellor of Subdistrict 3-1 shall be elected from DeSoto County. The two (2) chancellors of Subdistrict 3-2 shall be elected from Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County.
(b) For purposes of appointment and election, the three (3) chancellorships shall be separate and distinct. The chancellorship in Subdistrict 3-1 shall be denominated only as "Place One," and the chancellorships in Subdistrict 3-2 shall be denominated only as "Place Two" and "Place Three."
SECTION 28. Section 25-31-5, Mississippi Code of 1972, is brought forward as follows:
25-31-5. (1) The following number of full-time legal assistants are authorized in the following circuit court districts:
......... (a) First Circuit Court District........... nine (9)
legal assistants.
......... (b) Second Circuit Court District.......... ten (10)
legal assistants.
......... (c) Third Circuit Court District........... five (5)
legal assistants.
......... (d) Fourth Circuit Court District.......... six (6)
legal assistants.
......... (e) Fifth Circuit Court District........... five (5)
legal assistants.
......... (f) Sixth Circuit Court District........... two (2)
legal assistants.
......... (g) Seventh Circuit Court District......... eleven (11)
legal assistants.
......... (h) Eighth Circuit Court District.......... three (3)
legal assistants.
......... (i) Ninth Circuit Court District............ three (3)
legal assistants.
(j) Tenth Circuit Court District............ four (4)
legal assistants.
......... (k) Eleventh Circuit Court District......... five (5)
legal assistants.
......... (l) Twelfth Circuit Court District.......... five (5)
legal assistants.
(m) Thirteenth Circuit Court District....... four (4)
legal assistants.
......... (n) Fourteenth Circuit Court District....... five (5)
legal assistants.
......... (o) Fifteenth Circuit Court District........ six (6)
legal assistants.
......... (p) Sixteenth Circuit Court District ....... five (5)
legal assistants.
(q) Seventeenth Circuit Court District...... seven (7)
legal assistants.
......... (r) Eighteenth Circuit Court District....... two (2)
legal assistants.
......... (s) Nineteenth Circuit Court District....... six (6)
legal assistants.
......... (t) Twentieth Circuit Court District........ six (6)
legal assistants.
......... (u) Twenty-first Circuit Court District..... three (3)
legal assistants.
(v) Twenty-second Circuit Court District.... three (3)
legal assistants.
(2) In addition to any legal assistants authorized pursuant to subsection (1) of this section, the following number of full-time legal assistants are authorized (i) in the following circuit court districts if funds are appropriated by the Legislature to adequately fund the salaries, expenses and fringe benefits of such legal assistants, or (ii) in any of the following circuit court districts in which the board of supervisors of one or more of the counties in a circuit court district adopts a resolution to pay all of the salaries, supplemental pay, expenses and fringe benefits of legal assistants authorized in such district pursuant to this subsection:
......... (a) First Circuit Court District............. two (2)
legal assistants.
......... (b) Second Circuit Court District............ two (2)
legal assistants.
......... (c) Third Circuit Court District............. two (2)
legal assistants.
(d) Fourth Circuit Court District............ two (2)
legal assistants.
......... (e) Fifth Circuit Court District............. two (2)
legal assistants.
......... (f) Sixth Circuit Court District............. two (2)
legal assistants.
......... (g) Seventh Circuit Court District........... two (2)
legal assistants.
......... (h) Eighth Circuit Court District............ two (2)
legal assistants.
......... (i) Ninth Circuit Court District............. two (2)
legal assistants.
......... (j) Tenth Circuit Court District............. two (2)
legal assistants.
(k) Eleventh Circuit Court District.......... two (2)
legal assistants.
......... (l) Twelfth Circuit Court District........... two (2)
legal assistants.
(m) Thirteenth Circuit Court District........ two (2)
legal assistants.
......... (n) Fourteenth Circuit Court District........ two (2)
legal assistants.
(o) Fifteenth Circuit Court District......... two (2)
legal assistants.
......... (p) Sixteenth Circuit Court District......... two (2)
legal assistants.
........ (q) Seventeenth Circuit Court District....... two (2)
legal assistants.
(r) Eighteenth Circuit Court District........ two (2)
legal assistants.
......... (s) Nineteenth Circuit Court District........ two (2)
legal assistants.
......... (t) Twentieth Circuit Court District......... two (2)
legal assistants.
......... (u) Twenty-first Circuit Court District...... two (2)
legal assistants.
......... (v) Twenty-second Circuit Court District..... two (2)
legal assistants.
(3) The board of supervisors of any county may pay all or a part of the salary, supplemental pay, expenses and fringe benefits of any district attorney or legal assistant authorized in the circuit court district to which such county belongs pursuant to this section.
(4) The district attorney of any circuit court district may employ additional legal assistants or criminal investigators, or both, without regard to any limitation on the number of legal assistants authorized in this section or criminal investigators authorized by other provisions of law to the extent that the district attorney's office receives funds from any source. Any source shall include, but is not limited to, office generated funds, funds from a county, a combination of counties, a municipality, a combination of municipalities, federal funds, private grants or foundations, or by means of an Interlocal Cooperative Agreement authorized by Section 17-13-1 which may be expended for those positions in an amount sufficient to pay all of the salary, supplemental pay, expenses and fringe benefits of the positions. Such funds may either be paid out of district attorney accounts, transferred by the district attorney to the Department of Finance and Administration or to one or more of the separate counties comprising the circuit court district, and said funds shall be disbursed to such employees in the same manner as state-funded criminal investigators and full-time legal assistants. The district attorney shall report to the board of supervisors of each county comprising the circuit court district the amount and source of the supplemental salary, expenses and fringe benefits, and the board in each county shall spread the same on its minutes. The district attorney shall also report such information to the Department of Finance and Administration which shall make such information available to the Legislative Budget Office.
(5) The district attorney shall be authorized to assign the duties of a legal assistant regardless of the source of funding for such legal assistants.
SECTION 29. Section 25-31-10, Mississippi Code of 1972, is brought forward as follows:
25-31-10. (1) Any district attorney may appoint a full-time criminal investigator.
(2) The district attorneys of the Third, Fifth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth and Twentieth Circuit Court Districts may appoint one (1) additional full-time criminal investigator for a total of two (2) full-time criminal investigators.
(3) The district attorneys of the First, Second, Fourth, Seventh and Nineteenth Circuit Court Districts may appoint two (2) additional full-time criminal investigators for a total of three (3) full-time criminal investigators.
(4) No district attorney or assistant district attorney shall accept any private employment, civil or criminal, in any matter investigated by such criminal investigators.
(5) The full and complete compensation for all public duties rendered by said criminal investigators shall be not more than Fifty-nine Thousand Five Hundred Dollars ($59,500.00) per annum, to be determined at the discretion of the district attorney based upon the qualifications, education and experience of the criminal investigator, plus necessary travel and other expenses, to be paid in accordance with Section 25-31-8. However, the maximum salary under this subsection for a criminal investigator who has a law degree may be supplemented by the district attorney from other available funds, but not to exceed the maximum salary for a legal assistant to a district attorney.
(6) Any criminal investigator may be designated by the district attorney to attend the Law Enforcement Officers Training Program set forth in Section 45-6-1 et seq., Mississippi Code of 1972. The total expenses associated with attendance by criminal investigators at the Law Enforcement Officers Training Program shall be paid out of the funds of the appropriate district attorney.
(7) The district attorney shall be authorized to assign the duties of criminal investigators regardless of the source of funding for such criminal investigators.
SECTION 30. The Department of Finance and Administration is authorized to contract with Mississippians Against Human Trafficking (MSAHT) for the purpose of establishing a program to fund or administer shelters that provide counseling, medical needs, transitional housing and other related services to victims of human trafficking and victims of commercial sexual exploitation at no charge to the victim. The contract shall be funded from monies in the "Victims of Human Trafficking and Commercial Sexual Exploitation Fund." The Department of Finance and Administration, in consultation with (MSAHT), shall have the authority to promulgate the administrative rules that are necessary and proper to further carry out the purposes of Sections 1 through 4 of this act.
SECTION 31. (1) There is created in the State Treasury a special fund to be known as the "Victims of Human Trafficking and Commercial Sexual Exploitation Fund." The administration and regulation of the fund shall be vested in the Department of Finance and Administration, in consultation with Mississippians Against Human Trafficking (MSAHT), and shall consist of:
(a) Monies appropriated by the Legislature;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-75;
(d) Monies received from the federal government;
(e) Donations to the fund;
(f) Assessments collected pursuant to Section 83-39-31; (g) All other monies received by the state from every source for the support of shelters for victims of human trafficking and commercial sexual exploitation; and
(h) Monies received from such other sources as may be provided by law.
(2) The monies in the fund shall be distributed by the Department of Finance and Administration, upon appropriation by the Legislature and in consultation with MSAHT, to fund and assist human trafficking shelters and commercial sexual exploitation shelters under the provisions of Sections 1 through 4 of this act. Not more than ten percent (10%) of the monies that are provided to MSAHT from the fund may be used by MSAHT for administrative expenses and other expenses related to carrying out the provisions of Sections 1 through 4 of this act.
(3) Nothing in Sections 1 through 4 of this act shall be construed to limit the ability of a human trafficking or commercial sexual exploitation shelter from soliciting private donations or community support. Any funds raised by a shelter or program described in Sections 1 through 4 of this act from private donations or community support shall not be subject to the requirements described in Sections 1 through 4 of this act.
SECTION 32. (1) To qualify for funds under the program established by the Mississippians Against Human Trafficking (MSAHT) under the contract with the Department of Finance and Administration as authorized in Section 1 of this act, a shelter must meet all of the following requirements:
(a) Be incorporated in the state or recognized by the Secretary of State as a private or public nonprofit corporation. Such corporation must have a board of directors and/or an advisory committee that represents the racial, ethnic and social economic diversity of the area to be served, including, if possible, at least one (1) person who is or has been a victim of human trafficking and commercial sexual exploitation; and
(b) Have designed and developed a program to provide all of the following services to victims of human trafficking and commercial sexual exploitation and their children, if applicable:
(i) Shelter on a twenty-four (24) hours a day, seven (7) days a week basis;
(ii) A twenty-four (24) hours, seven (7) days a week crisis line for calls;
(iii) Temporary housing and food facilities;
(iv) Referrals to existing services in the community and follow-up on the out come of the referrals, including, but not limited to, referrals for medical care, legal assistance and alcohol and drug treatment;
(v) Information regarding reeducation, trauma-informed therapy, job counseling, and training programs, housing referrals and other available social services; and
(vi) An available licensed therapist on a twenty-four (24) hours a day basis.
(c) Have established procedures for admission of victims of human trafficking or commercial sexual exploitation who may seek admission to these shelters on a voluntary basis.
(2) No human trafficking or commercial sexual exploitation shelter shall qualify for funds from MSAHT under Sections 1 through 4 of this act if it discriminates in its admissions or provision of services on the basis of race, religion, color, age, marital status, national origin or ancestry.
(3) Any human trafficking or commercial sexual exploitation shelter receiving funds from MSAHT under Sections 1 through 4 of this act must show receipt of local funds in an amount not less than twenty-five percent (25%) of the funds received from MSAHT. The local contribution may include in-kind contributions.
(4) A human trafficking and commercial sexual exploitation shelter receiving funds from MSAHT under Sections 1 through 4 of this act shall not be prohibited from accepting gifts, trusts, bequests, grants, endowments, federal funds, other special source funds or transfers of property of any kind for the support of that shelter program.
(5) Each human trafficking and commercial sexual exploitation shelter receiving funds from MSAHT under Sections 1 through 4 of this act shall:
(a) Perform background checks and maintain copies of such for each person employed by or volunteering services to the shelter; and
(b) Require persons employed by or volunteering services to the shelter to maintain the confidentiality of any information that would identify individuals served by the shelter.
SECTION 33. (1) Any employee, contractor, volunteer or agent of a human trafficking or commercial sexual exploitation shelter receiving funds from Mississippians Against Human Trafficking (MSAHT) under Sections 1 through 4 of this act, or of any other entity in possession of information which would tend to identify a victim of human trafficking and commercial sexual exploitation, who makes any observation or comment about the identity or condition of any person admitted to a shelter or receiving services of a shelter, unless directed to do so by an order of a court of competent jurisdiction, shall be civilly liable to the person whose personal information was disclosed in the amount of Ten Thousand Dollars ($10,000.00), plus any compensatory damages that the individual may have suffered as the result of the disclosure.
Any employee, contractor, volunteer or agent of a human trafficking or commercial sexual exploitation shelter receiving funds from MSAHT who makes any observation or comment about the location of a shelter to a person who uses the information to gain unauthorized access to the shelter or any person located in the shelter, unless directed to do so by an order of a court of competent jurisdiction, shall be civilly liable to the shelter in the amount of Ten Thousand Dollars ($10,000.00), plus any compensatory damages for any losses related to the disclosure of the shelter's location.
(2) (a) No employee, contractor, volunteer or agent of a human trafficking and commercial sexual exploitation shelter receiving funds from MSAHT under Sections 1 through 4 of this act shall be compelled to testify in any civil matter, or surrender any documents, files, or other records of the shelter, regarding a victim of human trafficking and commercial sexual exploitation or sexual assault without the consent of the victim, except as provided in paragraph (b) of this subsection.
(b) The court shall perform an in-camera review of the materials in possession of any shelter employees, contractors, agents or volunteers to determine if there would be a good cause for allowing disclosure of the materials before such information is released or otherwise given to any attorney or any other officer of the court, or any relative. In deciding on disclosure, the court shall consider the following factors:
(i) The materiality of the information to the defense; and
(ii) The effect that such disclosure may have on the victim and the victim's relationship with the employee, contractor, volunteer, or agent of the shelter.
(3) A resident or staff member of a human trafficking and commercial sexual exploitation shelter receiving funds from MSAHT under Sections 1 through 4 of this act shall not be required to disclose the street address or physical location of that shelter to any public or private agency. In all cases where the provision of a physical address is required, a post office box address for the human trafficking and commercial sexual exploitation shelter shall be deemed sufficient.
SECTION 34. Section 99-19-75, Mississippi Code of 1972, is amended as follows:
99-19-75. (1) In
addition to any monetary penalties and any other penalties imposed by law,
there shall be imposed and collected from each person upon whom a court imposes
a fine or other penalty for any violation of Section 97-3-65, 97-5-1 et seq. or
97-3-7, * * * when committed against a minor, an assessment of One
Thousand Dollars ($1,000.00) to be deposited into the Mississippi Children's
Trust Fund created in Section 93-21-305, * * * using the procedures
described in Section 99-19-73 * * *.
(2) In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected from each person upon whom a court imposes a fine or other penalty for any violation of Section 97-3-7, 97-3-65, 97-3-95, 97-5-1 et seq., or 97-29-51, when committed against a minor, an assessment of One Thousand Dollars ($1,000.00) to be deposited into the "Victims of Human Trafficking and Commercial Sexual Exploitation Fund" created in Section 2 of this act.
SECTION 35. Section 83-39-31, Mississippi Code of 1972, is amended as follows:
83-39-31. (1) Upon every defendant charged with a criminal offense who posts a cash bail bond, a surety bail bond, a property bail bond or a guaranteed arrest bond certificate conditioned for his appearance at trial, there is imposed a fee equal to two percent (2%) of the face value of each bond or Twenty Dollars ($20.00), whichever is greater, to be collected by the clerk of the court when the defendant appears in court for final adjudication or at the time the defendant posts cash bond unless subsection (4) applies.
(2) Upon each defendant charged with a criminal offense who is released on his own recognizance, who deposits his driver's license in lieu of bail, or who is released after arrest on written promise to appear, there is imposed a fee of Twenty Dollars ($20.00) to be collected by the clerk of the court when the defendant appears in court for final adjudication unless subsection (4) applies.
(3) Upon each defendant convicted of a criminal offense who appeals his conviction and posts a bond conditioned for his appearance, there is imposed a fee equal to two percent (2%) of the face value of each bond or Twenty Dollars ($20.00), whichever is greater. If such defendant is released on his own recognizance pending his appeal, there is imposed a fee of Twenty Dollars ($20.00). The fee imposed by this subsection shall be imposed and shall be collected by the clerk of the court when the defendant posts a bond unless subsection (4) applies.
(4) If a defendant is found
to be not guilty or if the charges against a defendant are dismissed, or if the
prosecutor enters a nolle prosequi in the defendant's case or retires the
defendant's case to the file, or if the defendant's conviction is reversed on
appeal, the fees imposed pursuant to subsections (1), (2), (3) * * *, (7) and (8) shall not be
imposed.
(5) The State Auditor shall establish by regulation procedures providing for the timely collection, deposit, accounting and, where applicable, refund of the fees imposed by this section. The Auditor shall provide in the regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which the defendant is entitled to a refund.
(6) It shall be the duty of the clerk or any officer of the court authorized to take bonds or recognizances to promptly collect, at the time such bonds or recognizances are received or taken, all fees imposed pursuant to this section. In all cases, the clerk or officer of the court shall deposit all fees so collected with the State Treasurer, pursuant to appropriate procedures established by the State Auditor, for deposit into the State General Fund.
(7) In addition to the fees imposed by this section, there shall be an assessment of Ten Dollars ($10.00) imposed upon every criminal defendant charged with a criminal offense who posts a cash bail bond, a surety bail bond, a property bail bond or a guaranteed arrest bond to be collected by the clerk of the court and deposited in the Victims of Domestic Violence Fund created by Section 93-21-117, unless subsection (4) applies.
(8) In addition to the fees imposed by this section, there shall be an assessment of Ten Dollars ($10.00) imposed upon every criminal defendant charged with a criminal offense who posts a cash bail bond, a surety bail bond, a property bail bond or a guaranteed arrest bond to be collected by the clerk of the court and deposited in the "Victims of Human Trafficking and Commercial Sexual Exploitation Fund" created in Section 2 of this act, unless subsection (4) of this section applies.
SECTION 36. Section 43-26-1, Mississippi Code of 1972, is amended as follows:
43-26-1. (1) There is hereby created a Mississippi Department of Child Protection Services.
(2) The Chief Administrative Officer of the Department of Child Protection Services shall be the Commissioner of Child Protection Services who shall be appointed by the Governor with the advice and consent of the Senate. The commissioner shall possess the following qualifications:
(a) A bachelor's degree from an accredited institution of higher learning and ten (10) years' experience in management, public administration, finance or accounting; or
(b) A master's or doctoral degree from an accredited institution of higher learning and five (5) years' experience in management, public administration, finance, law or accounting.
(3) The Department of Child Protection Services shall be a subagency independent of, though housed within, the Mississippi Department of Human Services. The Commissioner of the Department of Child Protection Services shall maintain complete and exclusive operational control of the Department of Child Protection Services' functions, except functions shared with the Department of Human Services as provided in subsection (5)(c) and (d) of this section.
(4) The Commissioner of Child Protection Services may assign to the appropriate offices such powers and duties deemed appropriate to carry out the lawful functions of the programs transferred to the department under Chapter 494, Laws of 2016.
(5) The Commissioner of Child Protection Services and the Executive Director of the Department of Human Services shall develop and implement a plan for the orderly establishment of the Department of Child Protection Services and its transition from the Office of Family and Children's Services of the Department of Human Services. The plan shall:
(a) Describe a mechanism for the transfer of any equipment, supplies, records, furnishings or other materials, resources or funds dedicated to the operation of the Office of Family and Children's Services of the Department of Human Services, which may be useful to the Department of Child Protection Services;
(b) Determine the allocation of resources between the newly created Department of Child Protection Services and the Department of Human Services, as practicable;
(c) Determine the allocation of functions where the performance of services may be shared between the Department of Child Protection Services and other employees of the Department of Human Services, as practicable;
(d) Determine whether any administrative support services, such as Information Technology Services, bookkeeping and payroll, can continue to be provided by the Department of Human Services; and
(e) Identify other areas deemed relevant by the commissioner and make recommendations thereon to achieve an orderly transition.
(6) The programs and services provided by the Office of Family and Children's Services of the Department of Human Services under the following statutes shall be provided by the Department of Child Protection Services: Sections 41-87-5, 41-111-1, 43-1-2, 43-1-51, 43-1-55, 43-1-57, 43-1-63, 43-15-3, 43-15-5, 43-15-6, 43-15-13, 43-15-15, 43-15-17, 43-15-19, 43-15-21, 43-15-23, 43-15-51, 43-15-103, 43-15-105, 43-15-115, 43-15-125, 43-15-201, 43-15-203, 43-15-207 and 43-18-3, Mississippi Code of 1972.
(7) The PEER Committee shall review the programs or program of the Mississippi Department of Child Protection Services, beginning with fiscal year 2017 and each year thereafter. PEER shall submit this review to the Chair of the Senate Public Health and Welfare Committee, the Chair of the Senate Appropriations Committee, the Chair of the House Public Health and Human Services Committee, the Chair of the House Appropriations Committee, the Lieutenant Governor, the Speaker of the House of Representatives, and the Governor by December 1 of each year. The review shall consist of the following:
(a) A review of the effectiveness of any program of the department for which appropriated outcome measures have been established;
(b) Caseloads for social workers for each county or another appropriate geographic area;
(c) Turnover rates of social worker staff by county or other geographic area;
(d) Sources and uses of department funding; and
(e) Any other matters that the PEER Committee considers to be pertinent to the performance of agency programs.
(8) (a) The Commissioner of Child Protection Services shall hire a Coordinator of Services for Victims of Human Trafficking and Commercial Sexual Exploitation within the Department of Child Protection Services whose duties shall include, but not be limited to, the following:
(i) To create multidisciplinary teams within the Department of Child Protection Services on an as-needed basis to act as emergency, separate and specialized human trafficking and commercial sexual exploitation multidisciplinary teams to rapidly respond to the needs of children who are victims of human trafficking and commercial sexual exploitation;
(ii) To identify victims of human trafficking and commercial sexual exploitation;
(iii) To monitor, record and distribute federal human trafficking funds received by the Department of Child Protection Services;
(iv) To employ staff to investigate allegations of human trafficking and commercial sexual exploitation; and
(v) To develop and coordinate services within the Department of Child Protection Services to help victims of human trafficking and commercial sexual exploitation.
(b) The Commissioner of Child Protection Services shall develop standard operating procedures for the investigation, custody and services provided to alleged victims of human trafficking and commercial sexual exploitation.
SECTION 37. The following shall be codified as Section 43-26-3, Mississippi Code of 1972:
43-26-3. (1) The Department of Child Protection Services, within twenty-four (24) hours of receiving a report of child abuse, human trafficking of a child or commercial sexual exploitation of a child that is located in this state, in addition to the department's duties under Section 43-21-353, shall:
(a) Interview the child in person;
(b) Attempt to have an on-site interview with the child's caretaker;
(c) Attempt to have law enforcement or an appropriate investigator conduct an on-site interview with the child's alleged abuser; and
(d) Document and assess the safety of other children in the care or custody of the caretaker and alleged abuser.
(2) For purposes of this section, the term "Sexual Assault Nurse Examiner" means a registered nurse who has received a documented forty (40) hours of training as a Sexual Assault Nurse Examiner. If the child is suspected to be a victim of human trafficking or commercial sexual exploitation, the Coordinator of Services for Victims of Human Trafficking and Commercial Sexual Exploitation shall activate an emergency, separate and specialized human trafficking and commercial sexual exploitation multi-disciplinary team. The team shall include, at a minimum: (a) an investigator certified by the Mississippi Human Trafficking Operational Task Force Board in collaboration with MSAHT, (b) an investigator from the Department of Child Protection Services, and (c) a person certified by the MSAHT as an advocate for victims of human trafficking and commercial sexual exploitation. Such emergency multidisciplinary team shall be created without authorization of the youth court.
(3) Any person under eighteen (18) years of age taken into custody under the provisions of Section 97-29-49 shall be presumed a victim of human trafficking and commercial sexual exploitation.
SECTION 38. Section 43-15-51, Mississippi Code of 1972, is amended as follows:
43-15-51. (1) The district attorneys, the Department of Human Services or the Department of Child Protection Services may initiate formal cooperative agreements with the appropriate agencies to create multidisciplinary child protection teams in order to implement a coordinated multidisciplinary team approach to intervention in reports involving alleged commercial sexual exploitation, human trafficking, or severe or potential felony child physical or sexual abuse, exploitation, or maltreatment. The multidisciplinary team also may be known as a child abuse task force. The purpose of the team or task force shall be to assist in the evaluation and investigation of reports and to provide consultation and coordination for agencies involved in child protection cases. The agencies to be included as members of the multidisciplinary team are: the district attorney's office, city and county law enforcement agencies, county attorneys, youth court prosecutors, the Human Trafficking Coordinator or his or her designee and other agencies as appropriate. The Department of Child Protection Services shall be included as a member of the multidisciplinary team if the department does not initiate creation of the team.
(2) Except as otherwise provided in Section 43-26-3, to implement the multidisciplinary child abuse team, the team or task force must be authorized by court order from the appropriate youth court. The court order will designate which agencies will participate in the cooperative multidisciplinary team.
(3) (a) Teams created under this section may invite other persons to serve on the team who have knowledge of and experience in child abuse and neglect and commercial sexual exploitation and human trafficking matters. These persons may include licensed mental and physical health practitioners and physicians, dentists, representatives of the district attorney's office and the Attorney General's office, experts in the assessment and treatment of substance abuse or sexual abuse, the victim assistance coordinator of the district attorney's office, staff members of a child advocacy center, sexual assault nurse examiners and experts in providing services to commercial sexual exploitation and human trafficking victims.
(b) (i) A child advocacy center means an agency that advocates on behalf of children alleged to have been abused and assists in the coordination of the investigation of child abuse by providing a location for forensic interviews and promoting the coordination of services for children alleged to have been abused. A child advocacy center provides services that include, but are not limited to, forensic medical examinations, mental health and related support services, court advocacy, consultation, training for social workers, law enforcement training, and child abuse multidisciplinary teams, and staffing of multidisciplinary teams.
(ii) Child advocacy centers may provide a video-taped forensic interview of the child in a child friendly environment or separate building. The purpose of the video-taped forensic interview is to prevent further trauma to a child in the investigation and prosecution of child physical and sexual abuse cases. Child advocacy centers can also assist child victims by providing therapeutic counseling subsequent to the interview by a qualified therapist. Child advocacy centers can also assist law enforcement and prosecutors by acquainting child victim witnesses and their parents or guardians to the courtroom through child court school programs.
(4) A team or task force
created under this section shall review records on cases referred to the team
by the Department of * * *
Child Protection Services or law enforcement or the district attorney's
office. The team shall meet at least monthly.
(5) No person shall
disclose information obtained from a meeting of the multidisciplinary team
unless necessary to comply with * * * the Department
of Child Protection Services regulations or conduct and proceeding in youth
court or criminal court proceedings or as authorized by a court of competent
jurisdiction.
SECTION 39. This act shall take effect and be in force from and after July 1, 2020.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTIONS 9-23-1 AND 9-23-3, MISSISSIPPI CODE OF 1972, TO STANDARDIZE REFERENCES TO DRUG INTERVENTION COURTS; TO AMEND SECTION 9-23-5, MISSISSIPPI CODE OF 1972, TO REVISE DEFINITIONS RELATING TO VARIOUS TYPES OF INTERVENTION COURTS; TO BRING FORWARD SECTION 9-23-9, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; TO AMEND SECTION 9-23-11, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COLLECTION OF DATA BY THE ADMINISTRATIVE OFFICE OF COURTS ON PARTICIPANTS IN INTERVENTION PROGRAMS; TO AMEND SECTIONS 9-23-13 AND 9-23-15, MISSISSIPPI CODE OF 1972, TO STANDARDIZE REFERENCES TO DRUG INTERVENTION COURTS; TO AMEND SECTION 9-23-17, MISSISSIPPI CODE OF 1972, TO PROVIDE EVALUATION STANDARDS; TO AMEND SECTIONS 9-23-19, 9-23-21, 9-23-23, 9-23-51, 9-25-1, 9-27-1, 9-27-3, 9-27-5, 9-27-7, 9-27-9 AND 9-27-11, MISSISSIPPI CODE OF 1972, TO STANDARDIZE REFERENCES TO VARIOUS TYPES OF INTERVENTION COURTS; TO AMEND SECTIONS 9-27-15, 9-27-17 AND 9-27-19, MISSISSIPPI CODE OF 1972, TO STANDARDIZE REFERENCES TO MENTAL HEALTH INTERVENTION COURTS; TO BRING FORWARD SECTIONS 9-7-5, 9-7-7, 9-7-45, 9-7-46, 9-5-13, 25-31-5 AND 25-31-10, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF AMENDMENT; TO AUTHORIZE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO CONTRACT WITH MISSISSIPPIANS AGAINST HUMAN TRAFFICKING FOR THE PURPOSE OF ESTABLISHING A PROGRAM TO PROVIDE COUNSELING, MEDICAL NEEDS, TRANSITIONAL HOUSING AND OTHER RELATED SERVICES TO VICTIMS OF HUMAN TRAFFICKING AND COMMERCIAL SEXUAL EXPLOITATION THROUGH SHELTERS ESTABLISHED TO SERVE SUCH VICTIMS AT NO CHARGE TO THE VICTIM; TO CREATE THE "VICTIMS OF HUMAN TRAFFICKING AND COMMERCIAL SEXUAL EXPLOITATION FUND" AS A SPECIAL FUND IN THE STATE TREASURY; TO PROVIDE THAT MONIES IN THE FUND SHALL BE DISTRIBUTED BY THE DEPARTMENT OF FINANCE AND ADMINISTRATION AND MISSISSIPPIANS AGAINST HUMAN TRAFFICKING TO FUND AND ASSIST HUMAN TRAFFICKING AND COMMERCIAL SEXUAL EXPLOITATION SHELTERS; TO PROVIDE THE REQUIREMENTS THAT SHELTERS MUST MEET TO QUALIFY FOR FUNDS UNDER THE PROGRAM; TO AMEND SECTIONS 99-19-75 AND 83-39-31, MISSISSIPPI CODE OF 1972, TO CREATE CERTAIN ASSESSMENTS TO PROVIDE MONIES TO BE DEPOSITED INTO THE FUND; TO AMEND SECTION 43-26-1, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COMMISSIONER OF CHILD PROTECTION SERVICES TO HIRE A COORDINATOR OF SERVICES FOR VICTIMS OF HUMAN TRAFFICKING AND COMMERCIAL SEXUAL EXPLOITATION WITHIN THE DEPARTMENT OF CHILD PROTECTION SERVICES; TO REQUIRE THE COMMISSIONER OF CHILD PROTECTION SERVICES TO DEVELOP STANDARDS FOR THE INVESTIGATION, CUSTODY AND CARE FOR VICTIMS OF HUMAN TRAFFICKING AND COMMERCIAL SEXUAL EXPLOITATION; TO PROVIDE THE DUTIES FOR THE COORDINATOR OF SERVICES FOR VICTIMS OF HUMAN TRAFFICKING AND COMMERCIAL SEXUAL EXPLOITATION; TO CREATE NEW SECTION 43-26-3, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF CHILD PROTECTION SERVICES TO FOLLOW CERTAIN PROCEDURES WHEN RESPONDING TO ALLEGATIONS OF CHILD ABUSE, HUMAN TRAFFICKING AND COMMERCIAL SEXUAL EXPLOITATION; TO REQUIRE CERTAIN PERSONS TO BE PLACED ON AN EMERGENCY, SEPARATE AND SPECIALIZED MULTIDISCIPLINARY TEAM CREATED BY THE COORDINATOR OF SERVICES FOR VICTIMS OF HUMAN TRAFFICKING AND COMMERCIAL SEXUAL EXPLOITATION; TO AMEND SECTION 43-15-51, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; AND FOR RELATED PURPOSES.