MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Judiciary, Division B
By: Senator(s) Barnett
AN ACT TO AMEND SECTION 43-21-153, MISSISSIPPI CODE OF 1972, TO CLARIFY THE DISPOSITION OF FINES COLLECTED BY THE YOUTH COURT; TO AMEND SECTION 43-21-205, MISSISSIPPI CODE OF 1972, TO CLARIFY PAYMENT OF COURT COSTS, FINES AND FEES IN YOUTH COURT PROCEEDINGS; TO AMEND SECTION 43-21-605, MISSISSIPPI CODE OF 1972, TO CLARIFY PAYMENT OF COURT COSTS, FINES AND FEES IN DELINQUENCY CASES; TO AMEND SECTION 43-21-607, MISSISSIPPI CODE OF 1972, TO CLARIFY PAYMENT OF COURT COSTS, FINES AND FEES IN CHILD-IN-NEED-OF-SUPERVISION CASES; TO AMEND SECTION 43-21-615, MISSISSIPPI CODE OF 1972, TO CLARIFY COSTS OF TREATMENT ORDERED IN YOUTH COURT CASES; TO AMEND SECTION 43-21-619, MISSISSIPPI CODE OF 1972, TO REVISE THE RESPONSIBILITY OF THE CHILD OR A PARENT, GUARDIAN OR CUSTODIAN OF THE CHILD TO PAY FOR TREATMENT; TO AMEND SECTION 43-21-753, MISSISSIPPI CODE OF 1972, TO REVISE THE FEE A CHILD MIGHT BE ASSESSED FOR PARTICIPATION IN TEEN COURT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-21-153, Mississippi Code of 1972, is amended as follows:
43-21-153. (1) The youth court shall have full power and authority to issue all writs and processes including injunctions necessary to the exercise of jurisdiction and to carrying out the purpose of this chapter.
(2) Any * * * adult who * * * willfully violates, neglects
or refuses to obey, perform or comply with any order of the youth court shall
be in contempt of court and punished by a fine not to exceed five hundred
dollars ($500.00) or by imprisonment in jail not to exceed ninety (90) days, or
by both such fine and imprisonment. All collected fines associated with this
subsection (2) shall be paid into the general fund of the county as required in
Section 261 of the Mississippi Constitution of 1890.
SECTION 2. Section 43-21-205, Mississippi Code of 1972, is amended as follows:
43-21-205. In proceedings under this chapter, except as authorized in Sections 43-21-153 and 43-21-651(1), no court costs, fines or fees shall be charged against any party to a petition, and no salaried officer of the state, county or any municipality, nor any youth court counselor, nor any witness other than an expert witness shall be entitled to receive any fee for any service rendered to the youth court or for attendance in the youth court in any proceedings under this chapter; but the fees of the circuit and chancery clerks in youth court cases originating by petition shall be paid as is provided by law for like services in other cases and shall be paid by the county on allowance of the board of supervisors on an itemized cost bill approved by the judge. These costs shall be paid out of the general fund. No clerk shall be allowed compensation for attendance in youth court.
SECTION 3. Section 43-21-605, Mississippi Code of 1972, is amended as follows:
43-21-605. (1) In delinquency cases, the disposition order may include any of the following alternatives:
(a) Release the child without further action;
(b) Place the child in the custody of the parents, a relative or other persons subject to any conditions and limitations, including restitution, as the youth court may prescribe;
(c) Place the child on probation subject to any reasonable and appropriate conditions and limitations, including restitution, as the youth court may prescribe;
(d) Order terms of treatment calculated to assist the child and the child's parents or guardian which are within the ability of the parent or guardian to perform and which are not in conflict with a provider's determination of medical necessity;
(e) Order terms of supervision
which may include participation in a constructive program of service or education * * *
at no cost to the child or a parent, guardian or custodian of the child,
or restitution not in excess of actual damages caused by the child to be paid out
of his own assets or by performance of services acceptable to the victims and approved
by the youth court and reasonably capable of performance within one (1) year;
(f) Suspend the child's driver's license by taking and keeping it in custody of the court for not more than one (1) year;
(g) Give legal custody of the child to any of the following:
(i) The Department of Human Services for appropriate placement; or
(ii) Any public or private organization, preferably community-based, able to assume the education, care and maintenance of the child, which has been found suitable by the court; or
(iii) The Division of Youth Services for placement in the least restrictive environment, except that no child under the age of twelve (12) years shall be committed to the state training school. Only a child who has been adjudicated delinquent for a felony may be committed to the training school. In the event a child is committed to the Oakley Youth Development Center by the court, the child shall be deemed to be committed to the custody of the Department of Human Services which may place the child in the Oakley Youth Development Center or another appropriate facility.
The training school may retain custody of the child until the child's twentieth birthday but for no longer. When the child is committed to the training school, the child shall remain in the legal custody of the training school until the child has made sufficient progress in treatment and rehabilitation and it is in the best interest of the child to release the child. However, the superintendent of the state training school, in consultation with the treatment team, may parole a child at any time he or she may deem it in the best interest and welfare of such child. Ten (10) business days before the parole, the training school shall notify the committing court of the pending release. This notice may be made in less than ten (10) days if Oakley Youth Development Center needs to manage population limitations. The youth court may then arrange subsequent placement after a reconvened disposition hearing, except that the youth court may not recommit the child to the training school or any other secure facility without an adjudication of a new offense or probation or parole violation. The Department of Human Services shall ensure that staffs create transition planning for youth leaving the facilities. Plans shall include providing the youth and his or her parents or guardian with copies of the youth's training school education and health records, information regarding the youth's home community, referrals to mental and counseling services when appropriate, and providing assistance in making initial appointments with community service providers. Before assigning the custody of any child to any private institution or agency, the youth court through its designee shall first inspect the physical facilities to determine that they provide a reasonable standard of health and safety for the child. No child shall be placed in the custody of the state training school for a status offense or for contempt of or revocation of a status offense adjudication unless the child is contemporaneously adjudicated for having committed an act of delinquency that is not a status offense. A disposition order rendered under this subparagraph shall meet the following requirements:
1. The disposition is the least restrictive alternative appropriate to the best interest of the child and the community;
2. The disposition allows the child to be in reasonable proximity to the family home community of each child given the dispositional alternatives available and the best interest of the child and the state; and
3. The disposition order provides that the court has considered the medical, educational, vocational, social and psychological guidance, training, social education, counseling, substance abuse treatment and other rehabilitative services required by that child as determined by the court;
(h) Recommend to the child and the child's parents or guardian that the child attend and participate in the Youth Challenge Program under the Mississippi National Guard, as created in Section 43-27-203, subject to the selection of the child for the program by the National Guard; however, the child must volunteer to participate in the program. The youth court shall not order any child to apply for or attend the program;
(i) Adjudicate the juvenile
to the Statewide Juvenile Work Program if the program is established in the court's
jurisdiction. The juvenile and his or her parents or guardians must sign a waiver
of liability in order to participate in the work program. The judge will coordinate
with the youth services counselors as to placing participants in the work program * * *. The severity of the crime,
whether or not the juvenile is a repeat offender or is a felony offender will be
taken into consideration by the judge when adjudicating a juvenile to the work program.
The juveniles adjudicated to the work program will be supervised by police officers
or reserve officers. The term of service will be from twenty-four (24) to one hundred
twenty (120) hours of community service. A juvenile will work the hours to which
he or she was adjudicated on the weekends during school and weekdays during the
summer. Parents are responsible for a juvenile reporting for work. Noncompliance
with an order to perform community service will result in a heavier adjudication.
A juvenile may be adjudicated to the community service program only two (2) times;
* * *
(j) Order the child to participate in a youth court work program as provided in Section 43-21-627;
(k) Order terms of house
arrest under the intensive supervision program as created in Sections 47-5-1001
through 47-5-1015. The Department of Human Services shall take bids for the placement
of juveniles in the intensive supervision program. The Department of Human Services
shall promulgate rules regarding the supervision of juveniles placed in the intensive
supervision program. For each county there shall be seventy-five (75) slots created
in the intensive supervision program for juveniles. Any youth ordered into the
intensive home-based supervision program shall receive comprehensive strength-based
needs assessments and individualized treatment plans. Based on the assessment,
an individualized treatment plan shall be developed that defines the supervision
and programming that is needed by a youth. The treatment plan shall be developed
by a multidisciplinary team that includes the family of the youth whenever possible. * * * No cost, fees or
monetary assessments associated with programs under this paragraph (k) shall be
imposed on the child or a parent, guardian or custodian of the child. The juvenile
must attend school, alternative school or be in the process of working toward a
High School Equivalency Diploma certificate;
(l) (i) Order the child into a juvenile detention center operated by the county or into a juvenile detention center operated by any county with which the county in which the court is located has entered into a contract for the purpose of housing delinquents, except that a child under the age of twelve (12) years cannot be held in secure detention as a disposition. The time period for detention cannot exceed ninety (90) days, and any detention exceeding forty-five (45) days shall be administratively reviewed by the youth court no later than forty-five (45) days after the entry of the order. At that time the youth court counselor shall review the status of the youth in detention and shall report any concerns to the court. The youth court judge may order that the number of days specified in the detention order be served either throughout the week or on weekends only. No first-time nonviolent youth offender shall be committed to a detention center for a period in excess of ninety (90) days until all other options provided for in this section have been considered and the court makes a specific finding of fact by a preponderance of the evidence by assessing what is in the best rehabilitative interest of the child and the public safety of communities and that there is no reasonable alternative to a nonsecure setting and therefore commitment to a detention center is appropriate.
(ii) If a child is committed to a detention center for ninety (90) days, the disposition order shall meet the following requirements:
1. The disposition order is the least restrictive alternative appropriate to the best interest of the child and the community;
2. The disposition order allows the child to be in reasonable proximity to the family home community of each child given the dispositional alternatives available and the best interest of the child and the state; and
3. The disposition order provides that the court has considered the medical, educational, vocational, social and psychological guidance, training, social education, counseling, substance abuse treatment and other rehabilitative services required by that child as determined by the court;
(m) The judge may consider house arrest in an intensive supervision program as a reasonable prospect of rehabilitation within the juvenile justice system. The Department of Human Services shall promulgate rules regarding the supervision of juveniles placed in the intensive supervision program, but shall not assess any fines, fees or costs against the child or a parent, guardian or custodian of the child;
(n) Referral to A-team provided system of care services at no cost to the child or a parent, guardian or custodian of the child; or
(o) Place the child on electronic monitoring subject to any conditions and limitations as the youth court may prescribe.
(2) If a disposition order requires that a child miss school due to other placement, the youth court shall notify a child's school while maintaining the confidentiality of the youth court process. If a disposition order requires placement of a child in a juvenile detention facility, the facility shall comply with the educational services and notification requirements of Section 43-21-321.
(3) In addition to any of the disposition alternatives authorized under subsection (1) of this section, the disposition order in any case in which the child is adjudicated delinquent for an offense under Section 63-11-30 shall include an order denying the driver's license and driving privileges of the child as required under Section 63-11-30(9).
(4) If the youth court places
a child in a state-supported training school, the court may order the parents or
guardians of the child and other persons living in the child's household to receive
counseling and parenting classes for rehabilitative purposes while the child is
in the legal custody of the training school. A youth court entering an order under
this subsection (4) shall utilize appropriate services offered * * * at no cost * * *
to the child or a parent, guardian or custodian of a child unless the person
ordered to participate elects to receive other counseling and classes acceptable
to the court at the person's sole expense.
(5) * * *
Pursuant to Section 43-21-205, any disposition orders or disposition alternatives
outlined in this chapter shall be ordered at no cost to the child or a parent, guardian
or custodian of the child.
(6) Any institution or agency to which a child has been committed shall give to the youth court any information concerning the child as the youth court may at any time require.
(7) The youth court shall not place a child in another school district who has been expelled from a school district for the commission of a violent act. For the purpose of this subsection, "violent act" means any action which results in death or physical harm to another or an attempt to cause death or physical harm to another.
(8) The youth court may require
drug testing as part of a disposition order. If a child tests positive, the court
may require treatment, counseling and random testing, as it deems appropriate.
The costs of such tests shall not be paid by the child or a parent,
guardian or custodian of the child * * *.
(9) The Mississippi Department of Human Services, Division of Youth Services, shall operate and maintain services for youth adjudicated delinquent at the Oakley Youth Development Center. The program shall be designed for children committed to the training schools by the youth courts. The purpose of the program is to promote good citizenship, self-reliance, leadership and respect for constituted authority, teamwork, cognitive abilities and appreciation of our national heritage. The program must use evidenced-based practices and gender-specific programming and must develop an individualized and specific treatment plan for each youth. The Division of Youth Services shall issue credit towards academic promotions and high school completion. The Division of Youth Services may award credits to each student who meets the requirements for a general education development certification. The Division of Youth Services must also provide to each special education eligible youth the services required by that youth's individualized education plan.
SECTION 4. Section 43-21-607, Mississippi Code of 1972, is amended as follows:
43-21-607. (1) In children in need of supervision cases, the disposition order may include any of the following alternatives or combination of the following alternatives, giving precedence in the following sequence:
(a) Release the child without further action;
(b) Place the child in the custody of the parent, a relative or other person subject to any conditions and limitations as the youth court may prescribe;
(c) Place the child under youth court supervision subject to any conditions and limitations the youth court may prescribe;
(d) Order terms of treatment calculated to assist the child and the child's parent, guardian or custodian which are within the ability of the parent, guardian or custodian to perform;
(e) Order terms of supervision which may include participation in a constructive program of service or education or restitution not in excess of actual damages caused by the child to be paid out of his own assets or by performance of services acceptable to the parties and reasonably capable of performance within one (1) year;
(f) Give legal custody of the child to any of the following but in no event to any state training school;
(i) The Department of Human Services for appropriate placement which may include a wilderness training program at no cost to the child or a parent or guardian of the child; or
(ii) Any private or public organization, preferably community-based, able to assume the education, care and maintenance of the child, which has been found suitable by the court at no cost to the child or a parent, guardian or custodian of the child. Prior to assigning the custody of any child to any private institution or agency, the youth court through its designee shall first inspect the physical facilities to determine that they provide a reasonable standard of health and safety for the child; or
(g) Order the child to participate in a youth court work program as provided in Section 43-21-627.
(2) The court may order
drug testing as provided in Section 43-21-605( * * *8) at no cost to the child or a parent,
guardian or custodian of the child.
SECTION 5. Section 43-21-615, Mississippi Code of 1972, is amended as follows:
43-21-615. (1) The costs
of conveying any child committed to any institution or agency shall be paid by
the county * * * from which the child is committed out of the general
treasury of the county * * * upon approval of the court. No compensation shall
be allowed beyond the actual and necessary expenses of the child and the person
actually conveying the child. In the case of a female child, the youth court
shall designate some suitable woman to accompany her to the institution or agency.
(2) Whenever a child is
adjudicated delinquent and committed by the youth court to the custody of any
person or agency other than the custody of a state training school, * * * the cost, or any portion of the cost, of
any medical or behavioral treatment or counseling ordered under this chapter shall
be billed to any public or private insurance to which the child is enrolled. If
the child is eligible for public insurance, but is not enrolled, the youth court's
designee must assist the parent, guardian or custodian in enrolling the child in
the public insurance. If an enrollment request is submitted for an uninsured child,
any nonurgent medical treatment, counseling or other services eligible for coverage
by the insurance shall be deferred by the court for no longer than sixty (60) days
after the enrollment request is submitted.
The court may order urgent medical treatment that cannot be deferred or other medical or behavioral treatment or counseling deemed necessary by the court that is not covered by insurance only after holding a mandatory hearing on the record to determine that the child, parent, guardian or custodian has the ability to pay for the services or treatment ordered. If the child, parent, guardian or custodian is determined unable to pay for the services or treatment ordered by the court after the hearing, the cost of the ordered treatment or services must be paid by county from which the child is committed out of the county's general fund.
SECTION 6. Section 43-21-619, Mississippi Code of 1972, is amended as follows:
43-21-619. (1) The youth
court * * * shall
not order * * * parents to pay for court ordered medical and other examinations
and treatment of a child; for reasonable attorney's fees and court costs; and
for other expenses found necessary or appropriate in the best interest of the
child as determined by the youth court. * * *
(2) The youth court may order the parents, guardians or custodians who exercise parental custody and control of a child who is under the jurisdiction of the youth court and who has willfully or maliciously caused personal injury or damaged or destroyed property, to pay such damages or restitution through the court to the victim in an amount not to exceed the actual loss and to enforce payment thereof. Restitution ordered by the youth court under this section shall not preclude recovery of damages by the victim from such child or parent, guardian or custodian or other person who would otherwise be liable. The youth court also may order the parents, guardians or custodians of a child who is under the jurisdiction of the youth court and who willfully or maliciously has caused personal injury or damaged or destroyed property to participate in a counseling program or other suitable family treatment program for the purpose of preventing future occurrences of malicious destruction of property or personal injury. Whenever a child is adjudicated delinquent, the cost, or any portion of the costs associated with a court's order to participate in a counseling program or other suitable family-treatment program for the purpose of preventing future occurrence of malicious destruction of property or personal injury may not be charged to the child or a parent, guardian or custodian of the child.
(3) Such orders under this section shall constitute a civil judgment and may be enrolled on the judgment rolls in the office of the circuit clerk of the county where such order was entered, and further, such order may be enforced in any manner provided by law for civil judgments.
SECTION 7. Section 43-21-753, Mississippi Code of 1972, is amended as follows:
43-21-753. The youth court of any county in the state may establish a teen court program for the diversion of certain offenders who have waived all right of confidentiality and privilege against self-incrimination. The youth court of Rankin County may extend its teen court program within the city limits of Pearl. The offenders eligible to participate shall be those offenders who in the discretion of the youth court are suitable and compulsory-school-age children who have come into the jurisdiction of the youth court as a result of not attending school. The teen court shall be a preventive program for juveniles comprised of youth who are not less than thirteen (13) nor more than seventeen (17) years of age, which students shall serve as prosecutor, defense counsel, bailiff, court clerk and jurors. The program is to administer the "sentencing" or disposition phase of the proceedings against offenders who elect to participate, shall be under the guidance of the local youth court, and shall be approved by the local youth court. The youth court judge, or his designee who is a licensed attorney, shall preside. The teen court is authorized to require eligible offenders who choose to go to teen court in lieu of youth court to perform up to one hundred twelve (112) hours of community service, require offenders to make a personal apology to a victim, require offenders to submit a research paper on any relevant subject, attend counseling and make restitution or any other disposition authorized by the youth court. The youth court shall establish rules and regulations, including sentencing guidelines, for the operation of a teen court. The teen court is authorized to accept monies from any available public or private source, including public or private donations, grants, gifts and appropriated funds for funding expenses of operating the court.
Teen court may be held at whatever location the youth court selects at whatever time or times. Eligible offenders shall be only those children who agree to participate in the teen court and to abide by the teen court's rulings, whose parents or legal guardian shall also so agree, and who are otherwise qualified to participate.
* * *
SECTION 8. This act shall take effect and be in force from and after July 1, 2022.