Bill Text: MS HB1140 | 2018 | Regular Session | Introduced

Mississippi House Bill 1140 (Prior Session Legislation)

Introduced

Bill Title: Drug courts; revise eligibility for and require Administrative Office of Courts to collect certain data from.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2018-01-30 - Died In Committee [HB1140 Detail]

Download: Mississippi-2018-HB1140-Introduced.html

MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Drug Policy

By: Representative Kinkade

House Bill 1140

AN ACT TO AMEND SECTION 9-23-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE CERTIFICATION PROCESS OF THE ADMINISTRATIVE OFFICE OF COURTS FOR DRUG COURTS SHALL REQUIRE DATA FROM SUCH COURTS CONCERNING THE TOTAL NUMBER OF APPLICATIONS FOR SCREENING BASED UPON CERTAIN CRITERIA AND WHETHER OR NOT AN APPLICANT WAS ACCEPTED INTO A DRUG COURT PROGRAM; TO AMEND SECTION 9-23-15, MISSISSIPPI CODE OF 1972, TO REVISE THE ELIGIBILITY REQUIREMENTS FOR DRUG COURTS BY AUTHORIZING OFFENDERS WHO COMMITTED BURGLARY OF AN UNOCCUPIED DWELLING TO BECOME ELIGIBLE; TO PROVIDE A MECHANISM FOR OFFENDERS WHO HAVE BEEN RELEASED FROM CERTAIN SUPERVISION AND WHO HAVE BEEN DETERMINED TO BE IN NEED OF SPECIALIZED REENTRY SUPERVISION TO MEET WITH HIS SENIOR CIRCUIT JUDGE, OR HIS DESIGNEE, ALONG WITH OTHER OFFICIALS, TO DETERMINE IF THE PERSON SHOULD BE ADMITTED TO A DRUG COURT, VETERAN'S COURT, MENTAL HEATH COURT OR OTHER SIMILAR PROBLEM-SOLVING COURT; AND FOR RELATED PURPOSES.

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

SECTION 1. 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 drug 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 drug 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 drug court meets minimum standards for drug court operation.

(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 interventions;

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

(iii) The use of current, evidence-based interventions proven to reduce dependency on drugs or alcohol, or both;

(iv) Frequent testing for alcohol or drugs;

(v) Coordinated strategy between all drug court program personnel involving the use of graduated clinical interventions;

(vi) Ongoing judicial interaction with each participant; and

(vii) Monitoring and evaluation of drug court program implementation and outcomes through data collection and reporting.

(b) Drug court certification applications shall include:

(i) A description of the need for the drug court;

(ii) The targeted population for the drug court;

(iii) The eligibility criteria for drug 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 drug court intervention components including anticipated budget and implementation plan;

(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 drug court program;

5. Total number of participants who were convicted of a new felony or misdemeanor offense while in the drug court program;

6. Total number of participants who committed at least one (1) violation while in the drug 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, offense(s) charged, indigence and if not accepted the reason for nonacceptance; and

* * *89. Any other data or information as required by the Administrative Office of Courts.

(i) A drug court application submitted after July 1, 2014, shall require certification of the drug court based on the proposed drug court plan;

(ii) A drug court established after July 1, 2014, shall be recertified after its second year of funded operation;

(iii) A drug court in existence on July 1, 2014, must submit a certification petition within one (1) year of July 1, 2014, and be certified pursuant to the requirements of this section prior to expending drug court resources budgeted for fiscal year 2016; and

(iv) All drug courts shall submit a re-certification petition every two (2) years to the Administrative Office of Courts after the initial certification.

(3) All certified drug courts shall measure successful completion of the drug court based on those participants who complete the program without a new criminal conviction.

(4) (a) All certified drug 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 drug 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 drug court program in the month;

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

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

(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 drug 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 drug court may appoint the full- or part-time employees it deems necessary for the work of the drug 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 and make any other policies not inconsistent with this section to carry out this process.

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

SECTION 2. 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 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 burglary under Section 97-17-23(1) of an unoccupied dwelling, 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 burglary under Section 97-17-23(1) of an unoccupied dwelling.

(c) Other criminal proceedings alleging commission of a crime of violence, other than burglary under Section 97-17-23(1) of an unoccupied dwelling, cannot be pending against the participant.

(d) The participant cannot be currently 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 individuals referred from another drug court. In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge. The court may also provide services for individuals determined to be in need of reentry assistance pursuant to subsection (5) of this section.

(3) (a) As a condition of participation in a drug court, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the drug 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 court or the laboratory; however, if testing is available from other sources or the program itself, the judge may waive any fees for testing. If the applicant is indigent any fees for testing may be waived.

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

(4) A person does not have a right to participate in drug 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 court under this chapter. However, any person meeting the eligibility criteria in subsection (1) shall, upon request, be screened for admission to drug court.

(5) Upon release from custody on earned release supervision, parole or post-release supervision an offender determined to be in need of specialized reentry supervision shall meet with the senior circuit court judge of his or her county of residence or that judge's designee along with the probation/parole agent assigned to him or her, a representative from the District Attorney or Office of the Attorney General's office and a public defender serving the local problem-solving courts. The judge shall review the parole case plan or other report of the Department of Corrections and determine if the person should be admitted to a drug court, veteran's court, mental health court or similar problem-solving court. To be admitted the person must meet all qualifications for participation set forth in this section. If the court determines the person is eligible for admission and should be admitted the person shall have the option to enter the program. If the person enters the program he or she shall be subject to all rules and regulations and have all rights and privileges of any other participant.

SECTION 3. This act shall take effect and be in force from and after July 1, 2018.