MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Judiciary B

By: Representatives Bain, Miles

House Bill 534

AN ACT TO AMEND SECTIONS 9-23-1 AND 9-23-3, MISSISSIPPI CODE OF 1972, TO STANDARDIZE REFERENCES TO DRUG INTERVENTION COURTS; TO AMEND SECTION 9-23-5, MISSISSIPPI CODE OF 1972, TO REVISE DEFINITIONS RELATING TO VARIOUS TYPES OF INTERVENTION COURTS; TO AMEND SECTION 9-23-9, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE INTERVENTION COURTS ADVISORY COMMITTEE TO PROMULGATE RULES AND REGULATIONS THAT ALLOW THE ADMINISTRATIVE OFFICE OF COURTS TO PROVIDE ADDITIONAL FUNDING TO INTERVENTION COURTS BASED ON THE FINANCIAL NEEDS OF THE COURT; 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 REVISE THE MINIMUM CERTIFICATION STANDARDS FOR OPERATION OF AN INTERVENTION COURT OR PROBLEM SOLVING COURT BY REQUIRING THE PROVISION OF MENTAL HEALTH SERVICES; 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 AMEND SECTION 41-113-1, MISSISSIPPI CODE OF 1972, TO INCLUDE DRUG ABUSE IN THE LEGISLATIVE INTENT FOR THE TOBACCO EDUCATION, PREVENTION AND CESSATION PROGRAM; TO AMEND SECTION 41-113-3, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTIES OF THE OFFICE OF TOBACCO CONTROL BY ADDING FENTANYL AND DRUG ABUSE PREVENTION EDUCATION; TO AMEND SECTION 41-113-5, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTIES OF THE DIRECTOR OF THE OFFICE OF TOBACCO CONTROL TO INCLUDE IMPLEMENTATION OF A FENTANYL DRUG ABUSE EDUCATION, PREVENTION AND CESSATION PROGRAM; TO AMEND SECTION 41-113-7, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTIES OF THE OFFICE OF TOBACCO CONTROL BY ADDING FENTANYL AND DRUG ABUSE PREVENTION EDUCATION; TO AMEND SECTION 41-114-1, MISSISSIPPI CODE OF 1972, TO INCLUDE VAPORIZING DEVICES IN THE DEFINITION OF "SMOKE" OR "SMOKING" FOR THE PROVISIONS OF LAW THAT RESTRICT TOBACCO USE IN PUBLIC FACILITIES; TO BRING FORWARD SECTIONS 41-113-9 AND 41-113-11, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE MISSISSIPPI TOBACCO CONTROL ADVISORY COUNCIL AND THE TOBACCO CONTROL PROGRAM FUND, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 9-23-1, Mississippi Code of 1972, is amended as follows:

     9-23-1.  This chapter shall be known and may be cited as the "Alyce Griffin Clarke Drug Intervention Court Act."

     SECTION 2.  Section 9-23-3, Mississippi Code of 1972, is amended as follows:

     9-23-3.  (1)  The Legislature of Mississippi recognizes the critical need for judicial intervention to reduce the incidence of alcohol and drug use, alcohol and drug addiction, and crimes committed as a result of alcohol and drug use and alcohol and drug addiction.  It is the intent of the Legislature to facilitate local drug intervention court alternative orders adaptable to chancery, circuit, county, youth, municipal and justice courts.

     (2)  The goals of the drug intervention courts under this chapter include the following:

          (a)  To reduce alcoholism and other drug dependencies among adult and juvenile offenders and defendants and among respondents in juvenile petitions for abuse, neglect or both;

          (b)  To reduce criminal and delinquent recidivism and the incidence of child abuse and neglect;

          (c)  To reduce the alcohol-related and other drug-related court workload;

          (d)  To increase personal, familial and societal accountability of adult and juvenile offenders and defendants and respondents in juvenile petitions for abuse, neglect or both;

          (e)  To promote effective interaction and use of resources among criminal and juvenile justice personnel, child protective services personnel and community agencies; and

          (f)  To use corrections resources more effectively by redirecting prison-bound offenders whose criminal conduct is driven in part by drug and alcohol dependence to intensive supervision and clinical treatment available in the drug intervention court.

     SECTION 3.  Section 9-23-5, Mississippi Code of 1972, is amended as follows:

     9-23-5.  For the purposes of this chapter, the following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:

          (a)  "Chemical * * *" tests" means the analysis of an individual's:  (i) blood, (ii) breath, (iii) hair, (iv) sweat, (v) saliva, (vi) urine, or (vii) other bodily substance to determine the presence of alcohol or a controlled substance.

          (b)  "Crime of violence" means an offense listed in Section 97-3-2.

          (c)  "Drug intervention court" means a drug court * * *, mental health court, veterans court or problem‑solving 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" * * * means supervision policies, procedures and practices that scientific research demonstrates reduce recidivism and "researched-based program" have the meanings as those terms are defined in Section 27-103-159.

          (e)  "Risk and needs assessment" means the use of an actuarial assessment tool validated on a Mississippi corrections population to determine a person's risk to reoffend and the characteristics that, if addressed, reduce the risk to reoffend.

     SECTION 4.  Section 9-23-9, Mississippi Code of 1972, is amended 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, fentanyl and drug abuse prevention and treatment 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.  The State Intervention Courts Advisory Committee shall promulgate rules and regulations that authorize the Administrative Office of Courts to review funding for and provide additional funding to intervention courts  based on the financial needs of the court or the number of participants the court serves.

     (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.

     (6)  The State Intervention Courts Advisory Committee shall create a funding formula that allows the Administrative Office of Courts to reallocate funding, provide additional funding based on the financial needs of the intervention court and/or the number of participants the court serves.

     SECTION 5.  Section 9-23-11, Mississippi Code of 1972, is amended as follows:

     9-23-11.  (1)  The Administrative Office of Courts shall establish, implement and operate a uniform certification process for all intervention courts and other problem-solving courts including juvenile courts, veterans courts or any other court designed to adjudicate criminal actions involving an identified classification of criminal defendant to ensure funding for intervention courts supports effective and proven practices that reduce recidivism and substance dependency among * * * their 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 * * * interventions 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 * * *.; and

               (viii)  Providing mental health services.

          (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 which shall include mental health services, anticipated budget * * * and, 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; * * * and

                   8.  Total number of applications for screening by race, gender, offenses charged, indigence and, if not accepted, the reason for nonacceptance; * * * and

                   9.  Identification of any program participant who, after completion of an intervention program, was arrested for a new criminal offense;

                    * * *910.  Any other data or information as required by the Administrative Office of Courts * * *.; and

                    11.  Total number of participants who were provided mental health services and a description of the services provided.

          (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 * * * drug 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 * * *st 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 * * * 31 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 * * * drug intervention court based on those participants who complete the program without a new criminal conviction.

     (4)  (a)  All certified * * * drug 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; * * *and

              (viii)  Total number of participants who committed at least one (1) violation while in the intervention court program and any resulting sanction(s) * * *.;

              (ix)  Total amount of state, federal, county or municipal monies received and spent; and

               (x)  Total number of participants who received mental health services from the court program.

          (b)  By August 1, 2015, and each year thereafter, the Administrative Office of Courts shall report to the PEER Committee the information in subsection (4)(a) of this section in a sortable, electronic format.

     (5)  All certified intervention courts may individually establish rules and may make special orders and rules as necessary that do not conflict with the rules promulgated by the Supreme Court or the Administrative Office of Courts.

     (6)  A certified intervention court may appoint the full- or part-time employees it deems necessary for the work of the intervention court and shall fix the compensation of those employees.  Such employees shall serve at the will and pleasure of the judge or the judge's designee.

     (7)  The Administrative Office of Courts shall promulgate rules and regulations to carry out the certification and re-certification process, including, but not limited to, requiring third-party providers under contract to provide services that comport with evidence-based or research-based programs, and to make any other policies not inconsistent with this section to carry out this process.  Notwithstanding any other provision of law to the contrary, any contract with a third-party provider shall comply with all state purchasing and bid laws.

     (8)  A certified intervention court established under this chapter is subject to the regulatory powers of the Administrative Office of Courts as set forth in Section 9-23-17.

     (9)  The Administrative Office of Courts shall promulgate rules and regulations to allow any participant of intervention court who is participating in such court due to an implied consent violation to have a restricted license or ignition interlock for the purpose of driving to intervention court.

     SECTION 6.  Section 9-23-13, Mississippi Code of 1972, is amended as follows:

     9-23-13.  (1) * * *  An  A drug intervention court's alcohol and drug intervention component shall provide * * * for to eligible individuals, either directly or through referrals, a range of necessary court intervention services, including, but not limited to, the following:

          (a)  Screening using a valid and reliable assessment tool effective for identifying alcohol and drug dependent persons for eligibility and appropriate services;

          (b)  Clinical assessment; for a DUI offense, if the person has two (2) or more DUI convictions, the court shall order the person to undergo an assessment that uses a standardized evidence-based instrument performed by a physician to determine whether the person has a diagnosis for alcohol and/or drug dependence and would likely benefit from a court-approved medication-assisted treatment indicated and approved for the treatment of alcohol and/or drug dependence by the United States Food and Drug Administration, as specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association.  Upon considering the results of the assessment, the court may refer the person to a rehabilitative program that offers one or more forms of court-approved medications that are approved for the treatment of alcohol and/or drug dependence by the United States Food and Drug Administration;

          (c)  Education;

          (d)  Referral;

          (e)  Service coordination and case management; and

          (f)  Counseling and rehabilitative care.

     (2)  Any inpatient treatment or inpatient detoxification program ordered by the court shall be certified by the Department of Mental Health, other appropriate state agency or the equivalent agency of another state.

     (3)  All drug intervention courts shall make available the option for participants to use court-approved medication-assisted treatment while participating in the programs of the court in accordance with the recommendations of the National Drug Court Institute.

     SECTION 7.  Section 9-23-15, Mississippi Code of 1972, is amended as follows:

     9-23-15.  (1)  In order to be eligible for alternative sentencing through a local drug intervention court, the participant must satisfy each of the following criteria:

          (a)  The participant cannot have any felony convictions for any offenses that are crimes of violence as defined in Section 97-3-2 within the previous ten (10) years.

          (b)  The crime before the court cannot be a crime of violence as defined in Section 97-3-2.

          (c)  Other criminal proceedings alleging commission of a crime of violence cannot be pending against the participant.

          (d)  The participant cannot be charged with burglary of a dwelling under Section 97-17-23(2) or 97-17-37.

          (e)  The crime before the court cannot be a charge of driving under the influence of alcohol or any other drug or drugs that resulted in the death of a person.

          (f)  The crime charged cannot be one of trafficking in controlled substances under Section 41-29-139(f), nor can the participant have a prior conviction for same.

     (2)  Participation in the services of an alcohol and drug intervention component shall be open only to the individuals over whom the court has jurisdiction, except that the court may agree to provide the services for (i) individuals referred from another intervention court or (ii) individuals who are residents of states that allow reciprocity for Mississippians to participate in intervention courts in that state.  In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.

     (3)  (a)  As a condition of participation in * * * an a drug intervention court, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the drug intervention court.  A participant is liable for the costs of all chemical tests required under this section, regardless of whether the costs are paid to the drug intervention court or the laboratory; however, if testing is available from other sources or the program itself, the judge may waive any fees for testing.  The judge may waive all fees if the applicant is determined to be indigent.

          (b)  A laboratory that performs a chemical test under this section shall report the results of the test to the drug intervention court.

     (4)  A person does not have a right to participate in a drug intervention court under this chapter.  The court having jurisdiction over a person for a matter before the court shall have the final determination about whether the person may participate in drug intervention court under this chapter.  However, any person meeting the eligibility criteria in subsection (1) of this section shall, upon request, be screened for admission to drug intervention court.

     SECTION 8.  Section 9-23-17, Mississippi Code of 1972, is amended as follows:

     9-23-17.  With regard to any drug intervention court, the Administrative Office of Courts shall do the following:

          (a)  Certify and re-certify drug intervention court applications that meet standards established by the Administrative Office of Courts in accordance with this chapter.

          (b)  Ensure that the structure of the intervention component complies with rules adopted under this section and applicable federal regulations.

          (c)  Revoke the authorization of a program upon a determination that the program does not comply with rules adopted under this section and applicable federal regulations.

          (d)  Make agreements and contracts to effectuate the purposes of this chapter with:

              (i)  Another department, authority or agency of the state;

              (ii)  Another state;

              (iii)  The federal government;

              (iv)  A state-supported or private university; or

              (v)  A public or private agency, foundation, corporation or individual.

          (e)  Directly, or by contract, approve and certify any intervention component established under this chapter.

          (f)  Require, as a condition of operation, that each drug intervention court created or funded under this chapter be certified by the Administrative Office of Courts.

          (g)  Collect monthly data reports submitted by all certified drug intervention courts, provide those reports to the State Intervention Courts Advisory Committee, compile an annual report summarizing the data collected and the outcomes achieved by all certified intervention courts and submit the annual report to the Oversight Task Force.

          (h)  As funding is available or every * * * three (3) 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 * * *, both statewide and individual drug intervention courts * * * programs, in complying with the key components of the intervention courts adopted by the National Association of Drug Court ProfessionalsNotwithstanding any other provision of law to the contrary, contract shall comply with all state purchasing and bid laws.

          (i)  Adopt rules to implement this chapter.

     SECTION 9.  Section 9-23-19, Mississippi Code of 1972, is amended as follows:

     9-23-19.  (1)  All monies received from any source by * * * the 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) * * *  An  A drug intervention court may apply for and receive the following:

          (a)  Gifts, bequests and donations from private sources.

          (b)  Grant and contract money from governmental sources.

          (c)  Other forms of financial assistance approved by the court to supplement the budget of the drug intervention court.

     (3)  The costs of participation in an alcohol and drug intervention program required by the certified drug intervention court may be paid by the participant or out of user fees or such other state, federal or private funds that may, from time to time, be made available.

     (4)  The court may assess such reasonable and appropriate fees to be paid to the local Drug Intervention Court Fund for participation in an alcohol or drug intervention program; however, all fees may be waived if the applicant is determined to be indigent.

     SECTION 10.  Section 9-23-21, Mississippi Code of 1972, is amended as follows:

     9-23-21.  The director and members of the professional and administrative staff of the drug intervention court who perform duties in good faith under this chapter are immune from civil liability for:

          (a)  Acts or omissions in providing services under this chapter; and

          (b)  The reasonable exercise of discretion in determining eligibility to participate in the drug intervention court.

     SECTION 11.  Section 9-23-23, Mississippi Code of 1972, is amended as follows:

     9-23-23.  If the participant completes all requirements imposed upon him by the drug intervention court, including the payment of fines and fees assessed and not waived by the court, the charge and prosecution shall be dismissed.  If the defendant or participant was sentenced at the time of entry of plea of guilty, the successful completion of the drug intervention court order and other requirements of probation or suspension of sentence will result in the record of the criminal conviction or adjudication being expunged.  * * *However, no expunction of any implied consent violation shall be allowed.

     SECTION 12.  Section 9-23-51, Mississippi Code of 1972, is amended as follows:

     9-23-51.  There is created in the State Treasury a special interest-bearing fund to be known as the Drug Intervention Court Fund.  The purpose of the fund shall be to provide supplemental funding to all drug intervention courts in the state.  Monies from the funds derived from assessments under Section 99-19-73 shall be distributed by the State Treasurer upon warrants issued by the Administrative Office of Courts, pursuant to procedures set by the State * * * Drug 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 * * * Drug Intervention Courts Advisory Committee.  The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:  (a) monies appropriated by the Legislature for the purposes of funding drug intervention courts; (b) the interest accruing to the fund; (c) monies received under the provisions of Section 99-19-73; (d) monies received from the federal government; and (e) monies received from such other sources as may be provided by law.

     SECTION 13.  Section 9-25-1, Mississippi Code of 1972, is amended as follows:

     9-25-1.  (1)  The Legislature recognizes that our military veterans have provided an invaluable service to our country.  In doing so, many may have suffered the effects of, including, but not limited to, post-traumatic stress disorder, traumatic brain injury and depression, and may also suffer drug and alcohol dependency or addiction and co-occurring mental illness and substance abuse problems.  As a result of this, some veterans come into contact with the criminal justice system and are charged with felony offenses.  There is a critical need for the justice system to recognize these veterans, provide accountability for their wrongdoing, provide for the safety of the public, and provide for the treatment of our veterans.  It is the intent of the Legislature to create a framework for which specialized veterans * * * treatment 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 * * * Treatment Intervention Court program.  The Veterans * * * Treatment 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 * * * Treatment 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 * * * Treatment 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 * * * Treatment 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 * * * Treatment Intervention Court, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the Veterans * * * Treatment 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 * * * Treatment Intervention Courts.

          (d)  A person does not have the right to participate in a Veterans * * * Treatment 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 * * * Treatment Intervention Court program.

          (e)  A defendant shall be excluded from participating in a Veterans * * * Treatment 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 * * *(c) (iii) of this * * *subsection paragraph (e).

              (ii)  The defendant does not demonstrate a willingness to participate in * * *a treatment 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 * * * Treatment 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 * * * Treatment 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 * * * Treatment 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 * * * Treatment 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 * * * Treatment Intervention Court programs established under this chapter and make recommendations to improve the Veterans * * * Treatment Intervention Court programs.

     (6)  Funding for Veterans * * * Treatment Intervention Courts.  (a)  All monies received from any source by the Veterans * * * Treatment Intervention Court program shall be accumulated in a fund to be used only for Veterans * * * Treatment 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 * * * Treatment Intervention Court fund for the funding of further activities by the Veterans * * * Treatment Intervention Court program.

          (b)  A Veterans * * * Treatment 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 * * * Treatment Intervention Court program.

     (7)  Immunity.  The coordinator and members of the professional and administrative staff of the Veterans * * * Treatment 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 * * * Treatment Intervention Court program.

     (8)  This section shall be codified as a separate article in Title 9, Mississippi Code of 1972.

     SECTION 14.  Section 9-27-1, Mississippi Code of 1972, is amended as follows:

     9-27-1.  This chapter shall be known and may be cited as the "Rivers McGraw Mental Health * * * Diversion Program Intervention Court Act."

     SECTION 15.  Section 9-27-3, Mississippi Code of 1972, is amended as follows:

     9-27-3.  (1)  The Legislature recognizes the critical need for judicial intervention to establish court processes and procedures that are more responsive to the needs of defendants with mental illnesses, while maintaining public safety and the integrity of the court process.

     (2)  The goals of the mental health intervention courts under this chapter include the following:

          (a)  Reduce the number of future criminal justice contacts among offenders with mental illnesses;

          (b)  Reduce the inappropriate institutionalization of people with mental illnesses;

          (c)  Improve the mental health and well-being of defendants who come in contact with the criminal justice system;

          (d)  Improve linkages between the criminal justice system and the mental health system;

          (e)  Expedite case processing;

          (f)  Protect public safety;

          (g)  Establish linkages with other state and local agencies and programs that target people with mental illnesses in order to maximize the delivery of services; and

          (h)  To use corrections resources more effectively by redirecting prison-bound offenders whose criminal conduct is driven in part by mental illnesses to intensive supervision and clinical treatment available in the mental health intervention court.

     SECTION 16.  Section 9-27-5, Mississippi Code of 1972, is amended as follows:

     9-27-5.  For the purposes of this chapter, the following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:

          (a)  "Chemical tests" means the analysis of an individual's:  (i) blood, (ii) breath, (iii) hair, (iv) sweat, (v) saliva, (vi) urine, or (vii) other bodily substance to determine the presence of alcohol or a controlled substance.

          (b)  "Mental health * * * diversion program 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 * * * key components 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 * * * practices program" * * * means supervision policies, procedures and practices that scientific research demonstrates reduce recidivism and "research-based program" have the meanings as those terms are defined in Section 27-103-159.

          (d)  "Risk and needs assessment" means the use of an actuarial assessment tool validated on a Mississippi corrections population to determine a person's risk to reoffend and the characteristics that, if addressed, reduce the risk to reoffend.

     SECTION 17.  Section 9-27-7, Mississippi Code of 1972, is amended as follows:

     9-27-7.  (1)  The Administrative Office of Courts is the repository for reports filed by courts established under this chapter.  The goal of the mental health intervention courts is to support effective and proven practices that reduce recidivism and provide treatment for participants.

     (2)  Mental health intervention courts must adhere to the standards established in this chapter.

          (a)  These standards shall include, but are not limited to:

              (i)  The use of evidence-based practices including, but not limited to, the use of a valid and reliable risk and needs assessment tool to identify participants and deliver appropriate treatments;

              (ii)  Targeting medium- to high-risk offenders for participation;

              (iii)  The use of current, evidence-based interventions proven to provide mental health treatment;

              (iv)  Coordinated strategy between all mental health intervention court personnel;

              (v)  Ongoing judicial interaction with each participant; and

              (vi)  Monitoring and evaluation of mental health intervention court implementation and outcomes through data collection and reporting.

          (b)  Mental health intervention courts must implement a data collection plan, which shall include collecting the following data:

              (i)  Total number of participants;

              (ii)  Total number of successful participants;

              (iii)  Total number of unsuccessful participants and the reason why each participant did not complete the program;

              (iv)  Total number of participants who were arrested for a new criminal offense while in the mental health intervention court;

              (v)  Total number of participants who were convicted of a new felony or misdemeanor offense while in the mental health intervention court;

              (vi)  Total number of participants who committed at least one (1) violation while in the mental health intervention court and the resulting sanction(s);

              (vii)  Results of the initial risk and needs assessment or other clinical assessment conducted on each participant; and

              (viii)  Any other data or information as required by the Administrative Office of Courts.

     (3)  All mental health intervention courts must measure successful completion of the program based on those participants who complete the program without a new criminal conviction.

     (4)  (a)  Mental health intervention courts must collect and submit to the Administrative Office of Courts each month, the following data:

              (i)  Total number of participants at the beginning of the month;

              (ii)  Total number of participants at the end of the month;

              (iii)  Total number of participants who began the program in the month;

              (iv)  Total number of participants who successfully completed the program in the month;

              (v)  Total number of participants who left the program in the month;

              (vi)  Total number of participants who were arrested for a new criminal offense while in the program in the month;

              (vii)  Total number of participants who were convicted for a new criminal arrest while in the program in the month; * * *and

              (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 * * * 9‑27‑13 9-23-17.

     SECTION 18.  Section 9-27-9, Mississippi Code of 1972, is amended as follows:

     9-27-9.  (1)  A mental health intervention court's mental health intervention component shall provide for eligible individuals, either directly or through referrals, a range of necessary court treatment services, including, but not limited to, the following:

          (a)  Screening using a valid and reliable assessment tool effective for identifying persons affected by mental health issues for eligibility and appropriate services;

          (b)  Clinical assessment;

          (c)  Education;

          (d)  Referral;

          (e)  Service coordination and case management; and

          (f)  Counseling and rehabilitative care.

     (2)  Any inpatient treatment ordered by the court shall be certified by the Department of Mental Health, other appropriate state agency or the equivalent agency of another state.

     SECTION 19.  Section 9-27-11, Mississippi Code of 1972, is amended as follows:

     9-27-11.  (1)  In order to be eligible for alternative sentencing through a local mental health intervention court, the participant must satisfy each of the following criteria:

          (a)  The participant cannot have any felony convictions for any offenses that are crimes of violence as defined in Section 97-3-2, * * *other than 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, * * *other than except burglary of an unoccupied dwelling under Section 97-17-23(1).

          (c)  Other criminal proceedings alleging commission of a crime of violence * * *other than, 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.  * * *In addition, persons who are ineligible for nonadjudication under Section 63‑11‑30 shall be ineligible to participate in a mental health court.

          (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 * * * treatment intervention component shall be open only to the individuals over whom the court has jurisdiction, except that the court may agree to provide the services for individuals referred from another mental health intervention court.  In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.

     (3)  (a)  As a condition of participation in a mental health intervention court, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the program.  A participant is liable for the costs of all chemical tests required under this section, regardless of whether the costs are paid to the mental health intervention court or the laboratory; however, if testing is available from other sources or the program itself, the judge may waive any fees for testing.  Fees may be waived if the applicant is determined to be indigent.

          (b)  A laboratory that performs a chemical test under this section shall report the results of the test to the mental health intervention court.

     (4)  A person does not have a right to participate in a mental health intervention court under this chapter.  The court having jurisdiction over a person for a matter before the court shall have the final determination about whether the person may participate in the mental health intervention court under this chapter.  However, any person meeting the eligibility criteria in subsection (1) of this section, shall, upon request, be screened for admission into the court's program.

     SECTION 20.  Section 9-27-15, Mississippi Code of 1972, is amended as follows:

     9-27-15.  (1)  All monies received from any source by a mental health intervention court shall be accumulated in a local fund to be used only for mental health intervention court purposes.  Any funds remaining in a local fund at the end of a fiscal year shall not lapse into any general fund, but shall be retained in the mental health intervention court fund for the funding of further activities by the mental health intervention court.

     (2)  A mental health intervention court may apply for and receive the following:

          (a)  Gifts, bequests and donations from private sources.

          (b)  Grant and contract monies from governmental sources.

          (c)  Other forms of financial assistance approved by the court to supplement the budget of the mental health * * * diversion program intervention court.

     (3)  The costs of participation in a mental health treatment program required by the mental health intervention court may be paid by the participant or out of user fees or such other state, federal or private funds that may, from time to time, be made available.

     (4)  The court may assess reasonable and appropriate fees to be paid to the local mental health intervention court fund for participation in a mental health treatment program; however, all fees may be waived by the court if the applicant is determined to be indigent.

     SECTION 21.  Section 9-27-17, Mississippi Code of 1972, is amended as follows:

     9-27-17.  The director and members of the professional and administrative staff of the mental health intervention court who perform duties in good faith under this chapter are immune from civil liability for:

          (a)  Acts or omissions in providing services under this chapter; and

          (b)  The reasonable exercise of discretion in determining eligibility to participate in the mental health intervention court.

     SECTION 22.  Section 9-27-19, Mississippi Code of 1972, is amended as follows:

     9-27-19.  If the participant completes all requirements imposed upon him by the mental health intervention court, the charge and prosecution shall be dismissed.  If the defendant or participant was sentenced at the time of entry of a plea of guilty, the successful completion of the mental health intervention court order and other requirements of probation or suspension of sentence will result in the record of the criminal conviction or adjudication being expunged.

     SECTION 23.  Section 41-113-1, Mississippi Code of 1972, is amended as follows:

     41-113-1.  (1)  The Mississippi Legislature recognizes the devastating impact that tobacco use * * *has, fentanyl use and drug abuse have on the citizens of our state.  Tobacco use * * *is, fentanyl use and drug abuse are the * * *single most preventable causes of death and disease in this country and this state.  Each year, thousands of Mississippians lose their lives to diseases caused by tobacco use, fentanyl use and drug abuse, and the cost to the state is hundreds of millions of dollars.  Tobacco use * * *also is, fentanyl use and drug abuse are a large burden on the families and businesses of Mississippi.  It is therefore the intent of the Legislature that there be developed, implemented and fully funded a comprehensive and statewide tobacco use, fentanyl use and drug abuse education, prevention and cessation program that is consistent with the Best Practices for Tobacco Control Programs * * *of and youth high risk drug use prevention guidelines from the federal Centers for Disease Control and Prevention, as periodically amended.  It is also the intent of the Legislature that all reasonable efforts be made to maximize the amount of federal funds available for this program.

     (2)  The goals of the tobacco use, fentanyl use and drug abuse education, prevention and cessation program include, but are not limited to, the following:

          (a)  Preventing the initiation of use of tobacco products, fentanyl and abuse of drugs by youth; 

          (b)  Encouraging and helping smokers to quit and reducing the numbers of youth and adults who use tobacco products, fentanyl or abuse drugs;

          (c)  Assisting in the protection from secondhand smoke;

          (d)  Supporting the enforcement of laws prohibiting youth access to tobacco products, fentanyl and youth drug abuse;

          (e)  Eliminating the racial and cultural disparities related to use of tobacco products, fentanyl and youth drug abuse; and

          (f)  Educating the public and changing the cultural perception of use of tobacco products, fentanyl and youth drug abuse in Mississippi.

     SECTION 24.  Section 41-113-3, Mississippi Code of 1972, is amended as follows:

     41-113-3.  (1)  There is hereby created the Office of Tobacco Control (office) which shall be an administrative division of the State Department of Health.

     (2)  The Office of Tobacco Control, with the advice of the Mississippi Tobacco Control Advisory Board, shall develop and implement a comprehensive and statewide tobacco, fentanyl and drug abuse education, prevention and cessation program that is consistent with the recommendations for effective program components and funding recommendations in the 1999 Best Practices for Comprehensive Tobacco Control Programs of the federal Centers for Disease Control and Prevention, as those Best Practices may be periodically amended by the Centers for Disease Control and Prevention and the youth high risk drug use resources created by the federal Centers for Disease Control and Prevention.

     (3)  At a minimum, the program shall include the following components, and may include additional components that are contained within the Best Practices for Comprehensive Tobacco Control Programs of the federal Centers for Disease Control and Prevention, as periodically amended, and that based on scientific data and research have been shown to be effective at accomplishing the purposes of this section:

          (a)  The use of mass media, including paid advertising and other communication tools to discourage the use of tobacco products, fentanyl and drug abuse and to educate people, especially youth, about the health hazards from the use of tobacco products and/or drug abuse, which shall be designed to be effective at achieving these goals and shall include, but need not be limited to, television, radio, and print advertising, as well as sponsorship, exhibits and other opportunities to raise awareness statewide;

          (b)  Evidence-based curricula and programs implemented in schools to educate youth about tobacco, fentanyl and drug abuse and to discourage their use of tobacco products, fentanyl and abuse of drugs, including, but not limited to, programs that involve youth, educate youth about the health hazards from the use of tobacco products, fentanyl and/or the abuse of drugs, help youth develop skills to refuse tobacco products, and demonstrate to youth how to stop using tobacco products;

          (c)  Local community programs, including, but not limited to, youth-based partnerships that discourage the use of tobacco products, fentanyl and abuse of drugs and involve community-based organizations in tobacco, fentanyl and drug abuse education, prevention and cessation programs in their communities;

          (d)  Enforcement of laws, regulations and policies against the sale or other provision of tobacco products, fentanyl and/or drugs to minors, and the possession of tobacco products, fentanyl and/or drugs by minors;

          (e)  Programs to assist and help people to stop using tobacco products, fentanyl and/or abusing drugs; and

          (f)  A surveillance and evaluation system that monitors program accountability and results, produces publicly available reports that review how monies expended for the program are spent, and includes an evaluation of the program's effectiveness in reducing and preventing the use of tobacco products, fentanyl and the abuse of drugs, and annual recommendations for improvements to enhance the program's effectiveness.

     (4)  All programs or activities funded by the State Department of Health through the tobacco, fentanyl and drug abuse education, prevention and cessation program, whether part of a component described in subsection (2) or an additional component, must be consistent with the Best Practices for Comprehensive Tobacco Control Programs of the federal Centers for Disease Control and Prevention, as periodically amended, and all resources and guidelines established by the federal Centers for Disease Control and Prevention to reduce and prevent fentanyl use and drug abuse by youth, as periodically amended, all funds received by any person or entity under any such program or activity must be expended for purposes that are consistent with those Best Practices and guidelines.  The State Department of Health shall exercise sole discretion in determining whether components are consistent with the Best Practices for Comprehensive Tobacco Control Programs of the federal Centers for Disease Control and Prevention.

     (5)  Funding for the different components of the program shall be apportioned between the components based on the recommendations in the Best Practices for Comprehensive Tobacco Control Programs of the federal Centers for Disease Control and Prevention, as periodically amended, or any additional programs as determined by the State Board of Health to provide adequate program development, implementation and evaluation for effective control of the use of tobacco products and preventive measures for fentanyl use and drug abuse.  While the office shall develop annual budgets based on strategic planning, components of the program shall be funded using the following areas as guidelines for priority:

          (a)  School nurses and school programs;

          (b)  Mass media (counter-marketing);

          (c)  Cessation programs (including media promotions);

          (d)  Community programs;

          (e)  Surveillance and evaluation;

          (f)  Law enforcement; and

          (g)  Administration and management; however, not more than five percent (5%) of the total budget may be expended for administration and management purposes.

     (6)  In funding the components of the program, the State Department of Health may provide funding for health care programs at the University of Mississippi Medical Center and Mississippi Quality Health Center Grants that are related to the prevention and cessation of the use of tobacco products and the treatment of illnesses that are related to the use of tobacco products.

     (7)  No statewide, district, local, county or municipal elected official shall take part as a public official in mass media advertising under the provisions of this chapter.

     SECTION 25.  Section 41-113-5, Mississippi Code of 1972, is amended as follows:

     41-113-5.  (1)  The Office of Tobacco Control shall be under the management of a director, who shall be appointed by the State Health Officer.  The responsibility for implementation of the comprehensive and statewide tobacco, fentanyl and drug abuse education, prevention and cessation program shall be vested in the director.  The director shall be an individual who has knowledge and experience in public health, medical care, health care services, mental health care services, preventive health measures * * *or, tobacco use control or drug abuse prevention and/or treatment measures.  The director shall be the administrative officer of the Office of Tobacco Control, and shall perform the duties that are required of him or her by law and such other duties as may be assigned to him or her by the State Board of Health.  The director shall receive such compensation as may be fixed by the State Board of Health, subject to the approval of the State Personnel Board.

     (2)  The State Health Officer may employ such other persons as may be necessary to carry out the provisions of this chapter.  The compensation and the terms and conditions of their employment shall be determined by the State Board of Health in accordance with applicable state law and rules and regulations of the State Personnel Board.

     SECTION 26.  Section 41-113-7, Mississippi Code of 1972, is amended as follows:

     41-113-7.  The Office of Tobacco Control shall perform the following duties, with the advice of the Mississippi Tobacco Control Advisory Council:

          (a)  Develop and implement appropriate policies and procedures for the operation of the tobacco, fentanyl and drug abuse education, prevention and cessation program;

          (b)  Develop and implement a * * *five‑year strategic plan for * * *the a tobacco, fentanyl and drug abuse education, prevention and cessation program;

          (c)  Develop and maintain an annual operating budget and oversee fiscal management of the tobacco, fentanyl and drug abuse education, prevention and cessation program;

          (d)  Execute any contracts, agreements or other documents with any governmental agency or any person, corporation, association, partnership or other organization or entity that are necessary to accomplish the purposes of this chapter;

          (e)  Receive grants, bequeaths, gifts, donations or any other contributions made to the office to be used for specific purposes related to the goals of this chapter;

          (f)  Submit an annual report to the Legislature regarding the operation of the office;

          (g)  Submit to the State Auditor any financial records that are necessary for the Auditor to perform an annual audit of the office as required by law; and

          (h)  Take any other actions that are necessary to carry out the purposes of this chapter.

     SECTION 27.  Section 41-114-1, Mississippi Code of 1972, is amended as follows:

     41-114-1.  (1)  As used in this section:

          (a)  The term "public facility" means any building, gymnasium, athletic field, recreational area or park to which the public is invited, whether there is charge for admission or not.

          (b)  The term "smoke" or "smoking" means inhaling, exhaling, burning, vaporizing, carrying or otherwise possessing any lighted cigarette, cigar, pipe, "alternative nicotine product" or any other object or device of any form that contains lighted tobacco or any other smoking or vaporizing product.

     (2)  During any time that persons under eighteen (18) years of age are engaged in an organized athletic event at a public facility in Mississippi, no participant in or spectator of the athletic event shall smoke in the facility, if the facility is enclosed, or within one hundred (100) feet of the facility, if the facility is not enclosed, except as permitted under subsection (3)(c) of this section.

     (3)  The person, agency or entity having jurisdiction or supervision over a public facility shall not allow smoking at the facility in violation of this section, and shall use reasonable efforts to prevent smoking at the facility.  The person, agency or entity may take the following steps:

          (a)  Posting appropriate signs informing persons that smoking is prohibited at the public facility.

          (b)  Securing the removal of persons who smoke at the public facility in violation of this section.

          (c)  Providing a designated area separate from the fields of activity, to which smoking shall be restricted.

     (4)  Any person who violates this section shall, upon conviction, be subject to a civil fine and shall be liable as follows:

          (a)  For a first conviction, a warning;

          (b)  For a second conviction, a fine of Seventy-five Dollars ($75.00); and

          (c)  For all later convictions, a fine not to exceed One Hundred Fifty Dollars ($150.00).

     Anyone convicted under this section shall be recorded as being guilty of a civil penalty and not for violating a criminal statute.  Any such violation shall be triable in any justice court or municipal court with proper jurisdiction.

     (5)  It is the responsibility of all law enforcement officers and law enforcement agencies of this state to ensure that the provisions of this section are enforced.

     (6)  If the actions of a person violate both this section and Section 97-32-29, the person shall be liable only under this section or Section 97-32-29, but not under both sections.

     SECTION 28.  Section 41-113-9, Mississippi Code of 1972, is brought forward as follows:

     41-113-9.  (1)  There is created the Mississippi Tobacco Control Advisory Council, which shall consist of thirteen (13) members.  The thirteen (13) members of the advisory council shall consist of the following:

          (a)  Four (4) members appointed by the Governor, with one (1) member from a list of three (3) physicians recommended by the Mississippi State Medical Association, one (1) member from a list of three (3) individuals recommended by the Mississippi Chapter of the American Heart Association, and two (2) individuals who are not affiliated with the tobacco industry who possess knowledge, skill, and prior experience in scientifically proven smoking prevention, reduction and cessation programs, health care services or preventive health measures;

          (b)  Two (2) members appointed by the Lieutenant Governor, with one (1) member from a list of three (3) nurses recommended by the Mississippi Nurses' Association, and one (1) member from a list of three (3) individuals recommended by the Mississippi Chapter of the American Lung Association;

          (c)  Two (2) members approved by the Speaker of the House of Representatives, with one (1) member from a list of three (3) social workers recommended by the Mississippi Chapter of the National Association of Social Workers (NASW), and one (1) member from a list of three (3) individuals recommended by the Mississippi Chapter of the American Cancer Society;

          (d)  The Attorney General, or his or her designee;

          (e)  The State Superintendent of Public Education, or his or her designee;

          (f)  The Vice-Chancellor of Health Affairs of the University of Mississippi Medical Center, or his or her designee;

          (g)  The Dean of the College of Health at the University of Southern Mississippi, or his or her designee; and

          (h)  The Administrator of the School of Health Sciences of the College of Public Service at Jackson State University, or his or her designee.

     (2)  The Lieutenant Governor shall appoint one (1) member of the Senate and the Speaker of the House shall appoint one (1) Representative to attend meetings of the Tobacco Control Advisory Council.

     (3)  For those members that are required to be appointed from lists of individuals recommended by certain nominating groups, if none of the recommended names are acceptable to the appointing official, then the nominating group shall submit another list of three (3) different individuals until an acceptable individual is submitted to the appointing official.

     (4)  The members who are state officials or university officials shall serve as members for as long as they hold the designated office or university position.  The appointed members shall serve for terms that are concurrent with the terms of the appointing officials, or until their successors are appointed and qualified.

     (5)  Any vacancy in an appointed member position shall be filled within thirty (30) days of the vacancy by the original appointing official, and the individual appointed to fill the vacancy shall meet the same qualifications as required for the former member.

     (6)  The initial appointments to the advisory council shall be made not later than forty-five (45) days after March 30, 2007, and the first meeting of the advisory council shall be held within sixty (60) days after March 30, 2007, at a time, date and location specified by the State Board of Health.

     (7)  The advisory council shall annually elect a chairman from among its members.  The advisory council shall meet at least quarterly.  A quorum for meetings of the advisory council shall be a majority of the voting members of the advisory council.  The members of the advisory council shall receive the per diem compensation provided under Section 25-3-69 plus expense reimbursement as provided under Section 25-3-41 for attending meetings and necessary business of the advisory council.

     (8)  The Mississippi Tobacco Advisory Council shall advise and make recommendations to the State Board of Health regarding rules and regulations promulgated pursuant to this program.

     SECTION 29.  Section 41-113-11, Mississippi Code of 1972, is brought forward as follows:

     41-113-11.  (1)  There is established in the State Treasury a special fund to be known as the Tobacco Control Program Fund, which shall be comprised of the funds specified in subsection (2) of this section and any other funds that are authorized or required to be deposited into the special fund.

     (2)  From the tobacco settlement installment payments that the State of Mississippi receives during each calendar year, the sum of Twenty Million Dollars ($20,000,000.00) shall be deposited into the special fund.

     (3)  Monies in the fund shall be expended solely for the purposes specified in this chapter.  None of the funds in the special fund may be transferred to any other fund or appropriated or expended for any other purpose.

     (4)  All income from the investment of the funds in the Tobacco Control Program Fund shall be credited to the account of the Tobacco Control Program Fund.  Any funds in the Tobacco Control Program Fund at the end of a fiscal year shall not lapse into the State General Fund.  Any funds appropriated from the Tobacco Control Program Fund that are unexpended at the end of a fiscal year shall lapse into the Tobacco Control Program Fund.  However, beginning with fiscal year 2020, any funds appropriated from the Tobacco Control Program Fund that are unexpended at the end of the fiscal year shall lapse into the Health Care Expendable Fund.

     SECTION 30.  This act shall take effect and be in force from and after July 1, 2023.