Pending
COMMITTEE AMENDMENT NO 1 PROPOSED TO
Senate Bill No. 2572
BY: Committee
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 63-11-23, Mississippi Code of 1972, is amended as follows:
* * *
63-11-23. (1) Administrative license suspension for test refusal. The Commissioner of Public Safety, or his authorized agent, shall review the sworn report by a law enforcement officer as provided in Section 63-11-21.
(a) If upon review the
Commissioner of Public Safety, or his authorized agent, finds (i) that the law
enforcement officer had reasonable grounds and probable cause to believe the
person had been operating a motor vehicle upon the public highways, public
roads * * * or
streets of this state while under the influence of intoxicating liquor or any
other substance that may impair a person's mental or physical ability; (ii)
that the person refused to submit to the chemical test of the person's breath,
blood or urine upon request of the officer; and (iii) that the person was
informed that his license and driving privileges would be suspended or denied
if he refused to submit to the chemical test of his breath, blood or urine,
then the Commissioner of Public Safety, or his authorized agent, shall give
notice to the licensee that his license or permit to drive, or any nonresident
operating privilege, shall be suspended thirty (30) days after the date of the
notice for a period of ninety (90) days if the person has not previously been
convicted of or nonadjudicated for a violation of Section 63-11-30, or, for a
period of one (1) year if the person was previously convicted or nonadjudicated
under Section 63-11-30. If the commissioner or his authorized agent determines
that the license or permit should not be suspended, he shall return the license
or permit to the licensee.
(b) The notice of suspension shall be in writing and conform to Section 63-1-52.
(c) A person may continue to drive on either an interlock-restricted license or under a drug-testing program if so ordered by a court in the course of a criminal proceeding for a violation of Section 63-11-30.
(2) Extension or suspension of privilege to drive; request for trial. (a) If the chemical testing of a person's breath indicates the blood alcohol concentration was eight one-hundredths percent (.08%) or more for persons who are above the legal age to purchase alcoholic beverages under state law, or two one-hundredths percent (.02%) or more for persons who are below the legal age to purchase alcoholic beverages under state law, based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of the person's blood, breath, or urine, the arresting officer shall seize the license and give the driver a receipt for his license on forms prescribed by the Commissioner of Public Safety and shall promptly forward the license together with a sworn report to the Commissioner of Public Safety. The receipt given a person shall be valid as a permit to operate a motor vehicle for thirty (30) days in order that the defendant may be processed through the court having original jurisdiction and a final disposition had.
(b) If the defendant requests a trial within thirty (30) days and trial is not commenced within thirty (30) days, then the court shall determine if the delay in the trial is the fault of the defendant or his counsel. If the court finds that it is not the fault of the defendant or his counsel, then the court shall order the defendant's privileges to operate a motor vehicle to be extended until the defendant is convicted upon final order of the court.
(c) If a receipt or permit to drive issued under this subsection expires without a trial having been requested as provided in this subsection, then the Commissioner of Public Safety, or his authorized agent, shall suspend the license or permit to drive or any nonresident operating privilege for the applicable period of time as provided in subsection (1) of this section.
(3) Offenders driving without a license. If the person is a resident without a license or permit to operate a motor vehicle in this state, the Commissioner of Public Safety, or his authorized agent, shall deny to the person the issuance of a license or permit for a period of one (1) year beginning thirty (30) days after the date of notice of the suspension.
(4) Appeal. It shall be the duty of the municipal prosecuting attorney, county prosecuting attorney, an attorney employed under the provisions of Section 19-3-49, or if there is not a prosecuting attorney for the municipality or county, the duty of the district attorney to represent the state in any hearing on a de novo appeal held under the provisions of Section 63-11-25, Section 63-11-37 or Section 63-11-30.
(5) Suspension subsequent to conviction. Unless the person obtains an interlock-restricted license or the court orders the person to exercise the privilege to operate a motor vehicle only under an interlock-restricted license or while participating in a court-ordered drug-testing program, thirty (30) days after receipt of the court abstract documenting a person's conviction under Section 63-11-30, the Department of Public Safety shall suspend the driver's license and privileges of the person to operate a motor vehicle as follows:
(a) When sentenced under Section 63-11-30(2):
(i) For a first offense: one hundred twenty (120) days;
(ii) For a second offense: one (1) year;
(iii) For a third offense: for the full period of the person's sentence; upon release from incarceration, the person will be eligible for only an interlock-restricted license for three (3) years;
(iv) For a fourth or subsequent offense: for the full period of the person's sentence; upon release from incarceration, the person will be eligible for only an interlock-restricted license for ten (10) years and will further be subject to court-ordered drug testing if the original offense involved operating a motor vehicle under the influence of a drug other than alcohol.
(b) When sentenced under Section 63-11-30(3) (Zero Tolerance for Minors):
(i) For a first offense: one hundred twenty (120) days;
(ii) For a second offense: one (1) year;
(iii) For a third offense occurring within five (5) years, suspend or deny the driving privilege for two (2) years or until the person reaches the age of twenty-one (21), whichever is longer.
(6) Suspensions. (a) Notices of suspension given under this section shall be in writing and conform to Section 63-1-52.
(b) Suspensions under this and any other chapter shall run consecutively and not concurrently.
(c) The first day of any one-hundred-twenty-day period shall begin to run on the date the judge signs an order for suspension.
(7) License reinstatement. A person is eligible for an unrestricted license when the person has completed an alcohol safety education program as provided in Section 63-11-32, has satisfied all other conditions of law and of the person's sentence or nonadjudication, and is not otherwise barred from obtaining an unrestricted license.
SECTION 2. Section 63-11-30, Mississippi Code of 1972, is amended as follows:
63-11-30. (1) It is unlawful for a person to drive or otherwise operate a vehicle within this state if the person:
(a) Is under the influence of intoxicating liquor;
(b) Is under the influence of any other substance that has impaired the person's ability to operate a motor vehicle;
(c) Is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law; or
(d) Has an alcohol concentration in the person's blood, based upon grams of alcohol per one hundred (100) milliliters of blood, or grams of alcohol per two hundred ten (210) liters of breath, as shown by a chemical analysis of the person's breath, blood or urine administered as authorized by this chapter, of:
(i) Eight one-hundredths percent (.08%) or more for a person who is above the legal age to purchase alcoholic beverages under state law;
(ii) Two one-hundredths percent (.02%) or more for a person who is below the legal age to purchase alcoholic beverages under state law; or
(iii) Four one-hundredths percent (.04%) or more for a person operating a commercial motor vehicle.
(2) Except as otherwise provided in subsection (3) of this section (Zero Tolerance for Minors):
(a) First offense DUI. (i) Upon conviction of any person for the first offense of violating subsection (1) of this section where chemical tests under Section 63-11-5 were given, or where chemical test results are not available, the person shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned for not more than forty-eight (48) hours in jail, or both; the court shall order the person to attend and complete an alcohol safety education program as provided in Section 63-11-32 within six (6) months of sentencing. The court may substitute attendance at a victim impact panel instead of forty-eight (48) hours in jail.
(ii) Suspension of commercial driving privileges is governed by Section 63-1-216.
(iii) A qualifying first offense may be nonadjudicated by the court under subsection (14) of this section. The holder of a commercial driver's license or a commercial learning permit at the time of the offense is ineligible for nonadjudication.
(iv) Eligibility for an interlock-restricted license is governed by Section 63-11-31 and suspension of regular driving privileges is governed by Section 63-11-23.
(b) Second offense DUI. (i) Upon any second conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, the person shall be guilty of a misdemeanor, fined not less than Six Hundred Dollars ($600.00) nor more than One Thousand Five Hundred Dollars ($1,500.00), shall be imprisoned not less than five (5) days nor more than six (6) months and sentenced to community service work for not less than ten (10) days nor more than six (6) months. The minimum penalties shall not be suspended or reduced by the court and no prosecutor shall offer any suspension or sentence reduction as part of a plea bargain.
(ii) Suspension of commercial driving privileges is governed by Section 63-1-216.
(iii) Eligibility for an interlock-restricted license is governed by Section 63-11-31 and suspension of regular driving privileges is governed by Section 63-11-23.
(c) Third offense DUI. (i) For a third conviction of a person for violating subsection (1) of this section, the offenses being committed within a period of five (5) years, the person shall be guilty of a felony and fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars ($5,000.00), and shall serve not less than one (1) year nor more than five (5) years in the custody of the Department of Corrections. For any offense that does not result in serious injury or death to any person, the sentence of incarceration may be served in the county jail rather than in the State Penitentiary at the discretion of the circuit court judge. The minimum penalties shall not be suspended or reduced by the court and no prosecutor shall offer any suspension or sentence reduction as part of a plea bargain.
(ii) The suspension of commercial driving privileges is governed by Section 63-1-216.
(iii) The suspension of regular driving privileges is governed by Section 63-11-23.
(d) Fourth and subsequent offense DUI. (i) For any fourth or subsequent conviction of a violation of subsection (1) of this section, without regard to the time period within which the violations occurred, the person shall be guilty of a felony and fined not less than Three Thousand Dollars ($3,000.00) nor more than Ten Thousand Dollars ($10,000.00), and shall serve not less than two (2) years nor more than ten (10) years in the custody of the Department of Corrections.
(ii) The suspension of commercial driving privileges is governed by Section 63-1-216.
(iii) A person convicted of a fourth or subsequent offense is ineligible to exercise the privilege to operate a motor vehicle that is not equipped with an ignition-interlock device for ten (10) years.
(e) Any person convicted of a second or subsequent violation of subsection (1) of this section shall receive an in-depth diagnostic assessment, and if as a result of the assessment is determined to be in need of treatment for alcohol or drug abuse, the person must successfully complete treatment at a program site certified by the Department of Mental Health. Each person who receives a diagnostic assessment shall pay a fee representing the cost of the assessment. Each person who participates in a treatment program shall pay a fee representing the cost of treatment.
(f) The use of ignition-interlock devices is governed by Section 63-11-31.
(3) Zero Tolerance for Minors. (a) This subsection shall be known and may be cited as Zero Tolerance for Minors. The provisions of this subsection shall apply only when a person under the age of twenty-one (21) years has a blood alcohol concentration of two one-hundredths percent (.02%) or more, but lower than eight one-hundredths percent (.08%). If the person's blood alcohol concentration is eight one-hundredths percent (.08%) or more, the provisions of subsection (2) shall apply.
(b) (i) A person under the age of twenty-one (21) is eligible for nonadjudication of a qualifying first offense by the court pursuant to subsection (14) of this section.
(ii) Upon conviction of any person under the age of twenty-one (21) years for the first offense of violating subsection (1) of this section where chemical tests provided for under Section 63-11-5 were given, or where chemical test results are not available, the person shall be fined Two Hundred Fifty Dollars ($250.00); the court shall order the person to attend and complete an alcohol safety education program as provided in Section 63-11-32 within six (6) months. The court may also require attendance at a victim impact panel.
(c) A person under the age of twenty-one (21) years who is convicted of a second violation of subsection (1) of this section, the offenses being committed within a period of five (5) years, shall be fined not more than Five Hundred Dollars ($500.00).
(d) A person under the age of twenty-one (21) years who is convicted of a third or subsequent violation of subsection (1) of this section, the offenses being committed within a period of five (5) years, shall be fined not more than One Thousand Dollars ($1,000.00).
(e) License suspension is governed by Section 63-11-23 and ignition interlock is governed by Section 63-11-31.
(f) Any person under the age of twenty-one (21) years convicted of a third or subsequent violation of subsection (1) of this section must complete treatment of an alcohol or drug abuse program at a site certified by the Department of Mental Health.
(4) DUI test refusal. In addition to the other penalties provided in this section, every person refusing a law enforcement officer's request to submit to a chemical test of the person's breath as provided in this chapter, or who was unconscious at the time of a chemical test and refused to consent to the introduction of the results of the test in any prosecution, shall suffer an additional administrative suspension of driving privileges as set forth in Section 63-11-23.
(5) Aggravated DUI. (a) Every person who operates any motor vehicle in violation of the provisions of subsection (1) of this section and who in a negligent manner causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, organ or member of another shall, upon conviction, be guilty of a separate felony for each victim who suffers death, mutilation, disfigurement or other injury and shall be committed to the custody of the State Department of Corrections for a period of time of not less than five (5) years and not to exceed twenty-five (25) years for each death, mutilation, disfigurement or other injury, and the imprisonment for the second or each subsequent conviction, in the discretion of the court, shall commence either at the termination of the imprisonment for the preceding conviction or run concurrently with the preceding conviction. Any person charged with causing the death of another as described in this subsection shall be required to post bail before being released after arrest.
(b) A holder of a commercial driver's license who is convicted of operating a commercial motor vehicle with an alcohol concentration of eight one-hundreths percent (.08%) or more shall be guilty of a felony and shall be committed to the custody of the Department of Corrections for not less than two (2) years and not more than ten (10) years.
(c) The court shall order an ignition-interlock restriction on the offender's privilege to drive as a condition of probation or post-release supervision not to exceed five (5) years unless a longer restriction is required under other law. The iginition-interlock restriction shall not be applied to commercial license privileges until the driver serves the full disqualification period required by Section 63-1-216.
(6) DUI citations. (a) Upon conviction of a violation of subsection (1) of this section, the trial judge shall sign in the place provided on the traffic ticket, citation or affidavit stating that the person arrested either employed an attorney or waived his right to an attorney after having been properly advised. If the person arrested employed an attorney, the name, address and telephone number of the attorney shall be written on the ticket, citation or affidavit. The court clerk must immediately send a copy of the traffic ticket, citation or affidavit, and any other pertinent documents concerning the conviction or other order of the court, to the Department of Public Safety as provided in Section 63-11-37.
(b) A copy of the traffic ticket, citation or affidavit and any other pertinent documents, having been attested as true and correct by the Commissioner of Public Safety, or his designee, shall be sufficient proof of the conviction for purposes of determining the enhanced penalty for any subsequent convictions of violations of subsection (1) of this section. The Department of Public Safety shall maintain a central database for verification of prior offenses and convictions.
(7) Out-of-state prior convictions. Convictions in another state, territory or possession of the United States, or under the law of a federally recognized Native American tribe, of violations for driving or operating a vehicle while under the influence of an intoxicating liquor or while under the influence of any other substance that has impaired the person's ability to operate a motor vehicle occurring within five (5) years before an offense shall be counted for the purposes of determining if a violation of subsection (1) of this section is a second, third, fourth or subsequent offense and the penalty that shall be imposed upon conviction for a violation of subsection (1) of this section.
(8) Charging of subsequent offenses. (a) For the purposes of determining how to impose the sentence for a second, third, fourth or subsequent conviction under this section, the affidavit or indictment shall not be required to enumerate previous convictions. It shall only be necessary that the affidavit or indictment states the number of times that the defendant has been convicted and sentenced within the past five (5) years for a second or third offense, or without a time limitation for a fourth or subsequent offense, under this section to determine if an enhanced penalty shall be imposed. The amount of fine and imprisonment imposed in previous convictions shall not be considered in calculating offenses to determine a second, third, fourth or subsequent offense of this section.
(b) Before a defendant enters a plea of guilty to an offense under this section, law enforcement must submit certification to the prosecutor that the defendant's driving record, the confidential registry and National Crime Information Center record have been searched for all prior convictions, nonadjudications, pretrial diversions and arrests for driving or operating a vehicle while under the influence of an intoxicating liquor or while under the influence of any other substance that has impaired the person's ability to operate a motor vehicle. The results of the search must be included in the certification.
(9) License eligibility for underage offenders. A person who is under the legal age to obtain a license to operate a motor vehicle at the time of the offense and who is convicted under this section shall not be eligible to receive a driver's license until the person reaches the age of eighteen (18) years.
(10) License suspensions and restrictions to run consecutively. Suspension or restriction of driving privileges for any person convicted of or nonadjudicated for violations of subsection (1) of this section shall run consecutively to and not concurrently with any other administrative license suspension.
(11) Ignition interlock. If the court orders installation and use of an ignition-interlock device as provided in Section 63-11-31 for every vehicle operated by a person convicted or nonadjudicated under this section, each device shall be installed, maintained and removed as provided in Section 63-11-31.
(12) DUI child endangerment. A person over the age of twenty-one (21) who violates subsection (1) of this section while transporting in a motor vehicle a child under the age of sixteen (16) years is guilty of the separate offense of endangering a child by driving under the influence of alcohol or any other substance which has impaired the person's ability to operate a motor vehicle. The offense of endangering a child by driving under the influence of alcohol or any other substance which has impaired the person's ability to operate a motor vehicle shall not be merged with an offense of violating subsection (1) of this section for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished as follows:
(a) A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a first conviction shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) or shall be imprisoned for not more than twelve (12) months, or both;
(b) A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a second conviction shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than One Thousand Dollars ($1,000.00) nor more than Five Thousand Dollars ($5,000.00) or shall be imprisoned for one (1) year, or both;
(c) A person who commits a violation of this subsection which does not result in the serious injury or death of a child and which is a third or subsequent conviction shall be guilty of a felony and, upon conviction, shall be fined not less than Ten Thousand Dollars ($10,000.00) or shall be imprisoned for not less than one (1) year nor more than five (5) years, or both; and
(d) A person who commits a violation of this subsection which results in the serious injury or death of a child, without regard to whether the offense was a first, second, third or subsequent offense, shall be guilty of a felony and, upon conviction, shall be punished by a fine of not less than Ten Thousand Dollars ($10,000.00) and shall be imprisoned for not less than five (5) years nor more than twenty-five (25) years.
(13) Expunction. (a) Any person convicted under subsection (2) or (3) of this section of a first offense of driving under the influence and who was not the holder of a commercial driver's license or a commercial learning permit at the time of the offense may petition the circuit court of the county in which the conviction was had for an order to expunge the record of the conviction at least five (5) years after successful completion of all terms and conditions of the sentence imposed for the conviction. Expunction under this subsection will only be available to a person:
(i) Who has successfully completed all terms and conditions of the sentence imposed for the conviction;
(ii) Who did not refuse to submit to a test of his blood or breath;
(iii) Whose blood alcohol concentration tested below sixteen one-hundredths percent (.16%) if test results are available;
(iv) Who has not been convicted of and does not have pending any other offense of driving under the influence;
(v) Who has provided the court with justification as to why the conviction should be expunged; and
(vi) Who has not previously had a nonadjudication or expunction of a violation of this section.
(b) A person is eligible for only one (1) expunction under this subsection, and the Department of Public Safety shall maintain a permanent confidential registry of all cases of expunction under this subsection for the sole purpose of determining a person's eligibility for expunction, for nonadjudication, or as a first offender under this section.
(c) The court in its order of expunction shall state in writing the justification for which the expunction was granted and forward the order to the Department of Public Safety within five (5) days of the entry of the order.
(14) Nonadjudication. (a) For the purposes of this chapter, "nonadjudication" means that the court withholds adjudication of guilt and sentencing, either at the conclusion of a trial on the merits or upon the entry of a plea of guilt by a defendant, and places the defendant in a nonadjudication program conditioned upon the successful completion of the requirements imposed by the court under this subsection.
(b) A person is eligible for nonadjudication of an offense under this Section 63-11-30 only one (1) time under any provision of a law that authorizes nonadjudication and only for an offender:
(i) Who has successfully completed all terms and conditions imposed by the court after placement of the defendant in a nonadjudication program;
(ii) Who was not the holder of a commercial driver's license or a commercial learning permit at the time of the offense;
(iii) Who has not previously been convicted of and does not have pending any former or subsequent charges under this section; and
(iv) Who has provided the court with justification as to why nonadjudication is appropriate.
(c) Nonadjudication may be initiated upon the filing of a petition for nonadjudication or at any stage of the proceedings in the discretion of the court; the court may withhold adjudication of guilt, defer sentencing, and upon the agreement of the offender to participate in a nonadjudication program, enter an order imposing requirements on the offender for a period of court supervision before the order of nonadjudication is entered. Failure to successfully complete a nonadjudication program subjects the person to adjudication of the charges against him and to imposition of all penalties previously withheld due to entrance into a nonadjudication program. The court shall immediately inform the commissioner of the conviction as required in Section 63-11-37.
(i) The court shall order the person to:
1. Pay the nonadjudication fee imposed under Section 63-11-31 if applicable;
2. Pay all fines, penalties and assessments that would have been imposed for conviction;
3. Attend and complete an alcohol safety education program as provided in Section 63-11-32 within six (6) months of the date of the order;
4. a. If the court determines that the person violated this section with respect to alcohol or intoxicating liquor, the person must install an ignition-interlock device on every motor vehicle operated by the person, obtain an interlock-restricted license, and maintain that license for one hundred twenty (120) days or suffer a one-hundred-twenty-day suspension of the person's regular driver's license, during which time the person must not operate any vehicle. For purposes of this subparagraph 4., the first day of the one-hundred-twenty-day period shall begin the date the judge signs an order to maintain such license or suspend such license.
b. If the court determines that the person violated this section by operating a vehicle when under the influence of a substance other than alcohol that has impaired the person's ability to operate a motor vehicle, including any drug or controlled substance which is unlawful to possess under the Mississippi Controlled Substances Law, the person must submit to a one-hundred-twenty-day period of a nonadjudication program that includes court-ordered drug testing at the person's own expense not less often than every thirty (30) days, during which time the person may drive if compliant with the terms of the program, or suffer a one-hundred-twenty-day suspension of the person's regular driver's license, during which time the person will not operate any vehicle.
(ii) Other conditions that may be imposed by the court include, but are not limited to, alcohol or drug screening, or both, proof that the person has not committed any other traffic violations while under court supervision, proof of immobilization or impoundment of vehicles owned by the offender if required, and attendance at a victim-impact panel.
(d) The court may enter an order of nonadjudication only if the court finds, after a hearing or after ex parte examination of reliable documentation of compliance, that the offender has successfully completed all conditions imposed by law and previous orders of the court. The court shall retain jurisdiction over cases involving nonadjudication for a period of not more than two (2) years.
(e) (i) The clerk shall immediately forward a record of every person placed in a nonadjudication program and of every nonadjudication order to the Department of Public Safety for inclusion in the permanent confidential registry of all cases that are nonadjudicated under this subsection (14).
(ii) Judges, clerks and prosecutors involved in the trial of implied consent violations and law enforcement officers involved in the issuance of citations for implied consent violations shall have secure online access to the confidential registry for the purpose of determining whether a person has previously been the subject of a nonadjudicated case and 1. is therefore ineligible for another nonadjudication; 2. is ineligible as a first offender for a violation of this section; or 3. is ineligible for expunction of a conviction of a violation of this section.
(iii) The Driver Services Bureau of the department shall have access to the confidential registry for the purpose of determining whether a person is eligible for a form of license not restricted to operating a vehicle equipped with an ignition-interlock device.
(iv) The Mississippi Alcohol Safety Education Program shall have secure online access to the confidential registry for research purposes only.
SECTION 3. Section 63-11-31, Mississippi Code of 1972, is brought forward as follows:
63-11-31. (1) (a) The provisions of this section are supplemental to the provisions of Section 63-11-30.
(b) (i) "Ignition-interlock device" means a device approved by the Department of Public Safety that connects a motor vehicle ignition system to a breath-alcohol analyzer and prevents a motor vehicle ignition from starting if the driver's blood alcohol level exceeds the calibrated setting on the device.
(ii) "Interlock-restricted license" means a driver's license bearing a restriction that limits the person to operation of vehicles equipped with an ignition-interlock device.
(iii) "Court-ordered drug-testing program" means a program that qualifies under Section 63-11-31.1.
(c) A person who can exercise the privilege of driving only under an interlock-restricted license must have an ignition-interlock device installed and operating on all motor vehicles owned or operated by the person.
(d) A person who installs an ignition-interlock device may obtain an interlock-restricted license.
(2) (a) (i) The cost of installation and operation of an ignition-interlock device shall be borne by the person to whom an interlock-restricted driver's license is issued, and the costs of court-ordered drug testing shall be borne by the person so ordered, unless the person is determined by the court to be indigent.
(ii) The cost of participating in a court-ordered drug-testing program shall be borne by the person, unless the person is determined by the court to be indigent.
(b) (i) A person convicted under Section 63-11-30 shall be assessed by the court, in addition to the criminal fines, penalties and assessments provided by law for violations of Section 63-11-30, a fee of Fifty Dollars ($50.00), to be deposited in the Interlock Device Fund in the State Treasury unless the person is determined by the court to be indigent.
(ii) A person nonadjudicated under Section 63-11-30 shall be assessed by the court, in addition to the criminal fines, penalties and assessments provided by law for violations of Section 63-11-30, a fee of Two Hundred Fifty Dollars ($250.00) to be deposited in the Interlock Device Fund in the State Treasury unless the person is determined by the court to be indigent.
(3) (a) The Department of Public Safety shall promulgate rules and regulations for the use of an ignition-interlock device. The Department of Public Safety shall approve which vendors shall be used to furnish the systems, may assess fees to the vendors, and shall prescribe the maximum costs to the offender for installation, removal, monthly operation, periodic inspections, calibrations and repairs.
(b) A person who has an ignition-interlock device installed in a vehicle shall:
(i) Provide proof of the installation of the device and periodic reporting for verification of the proper operation of the device;
(ii) Have the system monitored for proper use and accuracy as required by departmental regulation;
(iii) Pay the reasonable cost of leasing or buying, monitoring, and maintaining the device unless the person is determined to be indigent; and
(iv) Obtain an ignition-interlock driver's license.
(4) (a) (i) A person who is limited to driving only under an interlock-restricted driver's license shall not operate a vehicle that is not equipped with an ignition-interlock device.
(ii) A person prohibited from operating a motor vehicle that is not equipped with an ignition-interlock device may not solicit or have another person attempt to start or start a motor vehicle equipped with such a device.
(iii) A person may not start or attempt to start a motor vehicle equipped with an ignition-interlock device for the purpose of providing an operable motor vehicle to a person who is prohibited from operating a motor vehicle that is not equipped with an ignition-interlock device.
(iv) A person may not tamper with, or in any way attempt to circumvent, the operation of an ignition-interlock device that has been installed in a motor vehicle.
(v) A person may not knowingly provide a motor vehicle not equipped with a functioning ignition-interlock device to another person who the provider of the vehicle knows or should know is prohibited from operating a motor vehicle not equipped with an ignition-interlock device.
(b) A violation of this subsection (4) is a misdemeanor and upon conviction the violator shall be fined an amount not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) or imprisoned for not more than six (6) months, or both, unless the starting of a motor vehicle equipped with an ignition-interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle, and the person subject to the restriction does not operate the vehicle.
(5) In order to obtain an interlock-restricted license, a person must:
(a) Be otherwise qualified to operate a motor vehicle, and will be subject to all other restrictions on the privilege to drive provided by law;
(b) Submit proof that an ignition-interlock device is installed and operating on all motor vehicles operated by the person; and
(c) Pay the fee set forth in Section 63-1-43 to obtain the license without regard to indigence; no license reinstatement fee under Section 63-1-46 shall be charged for a person obtaining an interlock-restricted license.
(6) (a) In addition to the penalties authorized for any second or subsequent conviction under Section 63-11-30, the court shall order that all vehicles owned by the offender that are not equipped with an ignition-interlock device must be either impounded or immobilized pending further order of the court lifting the offender's driving restriction. However, no county, municipality, sheriff's department or the Department of Public Safety shall be required to keep, store, maintain, serve as a bailee or otherwise exercise custody over a motor vehicle impounded under the provisions of this section. The cost associated with any impoundment or immobilization shall be paid by the person convicted without regard to ability to pay.
(b) A person may not tamper with, or in any way attempt to circumvent, vehicle immobilization or impoundment ordered by the court under this section. A violation of this paragraph (b) is a misdemeanor and, upon conviction, the violator shall be fined an amount not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00) or imprisoned for not more than six (6) months, or both.
(7) (a) The Department of Public Safety shall promulgate rules and regulations for the use of monies in the Interlock Device Fund to offset the cost of interlock device installation and operation by and court-ordered drug testing of indigent offenders.
(b) The court shall determine a defendant's indigence based upon whether the defendant has access to adequate resources to pay the ignition-interlock fee and the costs of installation and maintenance of an ignition-interlock device, or the costs of court-ordered drug testing or both, and may further base the determination of indigence on proof of enrollment in one or more of the following types of public assistance:
(i) Temporary Assistance for Needy Families (TANF);
(ii) Medicaid assistance;
(iii) The Supplemental Nutritional Assistance Program (SNAP), also known as "food stamps";
(iv) Supplemental security income (SSI);
(v) Participation in a federal food distribution program;
(vi) Federal housing assistance;
(vii) Unemployment compensation; or
(viii) Other criteria determined appropriate by the court.
(c) No more than ten percent (10%) of the money in the Interlock Device Fund in any fiscal year shall be expended by the department for the purpose of administering the fund.
(d) The Commissioner of the Department of Public Safety must promulgate regulations for the program and for vendors, including at a minimum:
(i) That the offender must pay the cost of the testing program or, if the court finds the offender to be indigent, that the cost be paid from the Interlock Device Fund.
(ii) How indigent funds will be accessed by the vendors, and the maximum cost to the offender or the fund.
(e) (i) Money in the Interlock Device Fund will be appropriated to the department to cover part of the costs of court-ordered drug testing and installing, removing and leasing ignition-interlock devices for indigent people who are required, because of a conviction or nonadjudication under Section 63-11-30, to install an ignition-interlock device in all vehicles operated by the person.
(ii) If money is available in the Interlock Device Fund, the department shall pay to the vendor, for one (1) vehicle per offender, up to Fifty Dollars ($50.00) for the cost of installation, up to Fifty Dollars ($50.00) for the cost of removal, and up to Thirty Dollars ($30.00) monthly for verified active usage of the ignition-interlock device. The department shall not pay any amount above what an offender would be required to pay for the installation, removal or usage of an ignition-interlock device.
(iii) If money is available in the Interlock Device Fund, the department shall pay to the vendor an amount not to exceed that promulgated by the Forensics Laboratory for court-ordered drug testing. The department shall not pay any amount above what an offender would be required to pay individually.
(8) In order to reinstate a form of driver's license that is not restricted to operation of an ignition-interlock equipped vehicle, the person must submit proof to the Department of Public Safety to substantiate the person's eligibility for an unrestricted license, which may be a court order indicating completion of sentence or final order of nonadjudication; in the absence of a court order, the proof may consist of the following or such other proof as the commissioner may set forth by regulation duly adopted under the Administrative Procedures Act:
(a) Proof of successful completion of an alcohol safety program as provided in Section 63-11-32 if so ordered by the court;
(b) Payment of the reinstatement fee required under Section 63-1-46(1)(a);
(c) Payment of the driver's license fee required under Section 63-1-43;
(d) A certificate of liability insurance or proof of financial responsibility; and
(e) (i) For those driving under an interlock-restricted license, a declaration from the vendor, in a form provided or approved by the Department of Public Safety, certifying that there have been none of the following incidents in the last thirty (30) days:
1. An attempt to start the vehicle with a breath alcohol concentration of 0.04 or more;
2. Failure to take or pass any required retest; or
3. Failure of the person to appear at the ignition-interlock device vendor when required for maintenance, repair, calibration, monitoring, inspection, or replacement of the device; or
(ii) For a person who violated Section 63-11-30 with respect to drugs other than alcohol, proof of successful compliance with all court-ordered drug testing; or
(iii) Both subparagraphs (i) and (ii) of this paragraph (e) if applicable.
(9) The court may extend the interlock-restricted period if the person had a violation in the last thirty (30) days.
(10) The court that originally ordered installation of the ignition-interlock device for a violation of Section 63-11-30 and a court in the municipality or county in which the violation occurred have jurisdiction over an offense under this section.
(11) A person who voluntarily obtains an interlock-restricted license may convert at any time to any other form of license for which the person is qualified.
(12) (a) The Department of Public Safety shall require all manufacturers of ignition-interlock devices to report ignition-interlock data in a consistent and uniform format as prescribed by the Department of Public Safety. Ignition-interlock vendors must also use the uniform format when sharing data with courts ordering an ignition interlock, with alcohol safety education programs, or with other treatment providers.
(b) The Department of Public Safety shall require all vendors of drug testing programs approved under Section 63-11-31.1 to report test results in a consistent and uniform format as prescribed by the Forensics Laboratory. Vendors must report test results to the court on a monthly basis, except that a positive test or failure of the testing participant to submit to verification must be reported to the court within five (5) days of verification of the positive test or the failure to submit.
SECTION 4. 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 5. 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 6. 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 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. 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 14. 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 15. 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 16. 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 17. 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 18. 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 19. 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 20. 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 21. 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 22. 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 23. 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 24. 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 25. 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 26. 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 27. 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 28. Section 9-7-45, Mississippi Code of 1972, is brought forward as follows:
[Until January 1, 2023, this section shall read 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.
[From and after January 1, 2023, this section shall read as follows:]
9-7-45. The Seventeenth Circuit Court District shall be composed of the following counties:
(a) Panola County;
(b) Tallahatchie County;
(c) Tate County; and
(d) Yalobusha County.
SECTION 29. Section 9-7-46, Mississippi Code of 1972, is brought forward as follows:
[Until January 1, 2023, this section shall read 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 * * *".
[From and after January 1, 2023, this section shall read as follows:]
9-7-46. (1) There shall be two (2) circuit judges for the Seventeenth Circuit Court District.
(2) For the purpose of
appointment and election, the two (2) judgeships shall be separate and
distinct, and be denominated as "Place One" and "Place Two * * *".
SECTION 30. Section 9-5-13, Mississippi Code of 1972, is brought forward as follows:
[Until January 1, 2027, this section shall read 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 * * *".
[From and after January 1, 2027, this section shall read as follows:]
9-5-13. (1) There shall be four (4) chancellors for the Third Chancery Court District.
(2) (a) The two (2) chancellors 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 four (4) chancellorships shall be separate and
distinct and denominated as "Place One * * *", "Place Two * * *", "Place Three" and
"Place Four". The chancellorships in Subdistrict 3-1 shall be
denominated only as "Place One" and "Place Four" and the
chancellorships in Subdistrict 3-2 shall be denominated only as "Place
Two" and "Place Three * * *".
SECTION 31. Section 25-31-5, Mississippi Code of 1972, is brought forward as follows:
[Until January 1, 2023, this section shall read 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.
[From and after January 1, 2023, this section shall read 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........three (3) 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.
(w) Twenty-third Circuit Court District........four (4)
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.
(w) Twenty-third 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 the 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 32. Section 25-31-10, Mississippi Code of 1972, is brought forward as follows:
[Until January 1, 2023, this section shall read 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.
[From and after January 1, 2023, this section shall read 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, Twentieth and Twenty-third 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 the 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. 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 33. This act shall take effect and be in force from and after July 1, 2021, and shall stand repealed on June 30, 2021.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTIONS 63-11-23 AND 63-11-30, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE 120-DAY SUSPENSION FOR DUI VIOLATIONS BEGINS ON THE DATE THE JUDGE SIGNS THE ORDER FOR SUSPENSION; TO BRING FORWARD SECTION 63-11-31, MISSISSIPPI CODE OF 1972, WHICH REGULATES IGNITION INTERLOCK FOR DUI VIOLATIONS, FOR PURPOSES OF AMENDMENT; 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; AND FOR RELATED PURPOSES.