Bill Text: MS HB1179 | 2011 | Regular Session | Introduced
Bill Title: Division of Youth Services; require to operate therapeutic group homes on the grounds of Oakley Training School.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2011-02-01 - Died In Committee [HB1179 Detail]
Download: Mississippi-2011-HB1179-Introduced.html
MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Juvenile Justice; Appropriations
By: Representative Banks
House Bill 1179
AN ACT TO AMEND SECTION 43-27-201, MISSISSIPPI CODE OF 1972, TO CHANGE THE NAME OF THE ADOLESCENT OFFENDER PROGRAM TO THE ADOLESCENT OPPORTUNITY PROGRAM; TO PROVIDE THAT SUCH PROGRAMS MUST PROVIDE COMPREHENSIVE STRENGTH-BASED NEEDS ASSESSMENTS, INDIVIDUALIZED TREATMENT PLANS AND COMMUNITY-BASED SERVICES FOR CERTAIN YOUTH; TO REQUIRE THAT AT OAKLEY TRAINING SCHOOL, TWO THERAPEUTIC GROUP HOMES SHALL BE OPERATED BY THE DIVISION OF YOUTH SERVICES OF THE DEPARTMENT OF HUMAN SERVICES; TO REQUIRE SUCH HOMES TO BE SUBJECT TO LICENSURE REQUIREMENTS BY THE DEPARTMENT OF HEALTH; TO AMEND SECTION 43-27-39, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT MALE YOUTH BE HOUSED AT OAKLEY TRAINING SCHOOL; TO PROVIDE THAT ON THE GROUNDS OF OAKLEY, ONE OF THE TWO GROUP HOMES SHALL BE SPECIFICALLY FOR FEMALES WHO SHALL RECEIVE GENDER RESPONSIVE TREATMENT; TO PROVIDE THE MAXIMUM LENGTH OF STAY FOR YOUTH AT SUCH GROUP HOMES; TO AMEND SECTIONS 99-3-28 AND 97-44-19, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-27-201, Mississippi Code of 1972, is amended as follows:
43-27-201. (1) The purpose of this section is to outline and structure a long-range proposal in addition to certain immediate objectives for improvements in the juvenile correctional facilities of the Division of Youth Services of the Mississippi Department of Human Services in order to provide modern and efficient correctional and rehabilitation facilities for juvenile offenders in Mississippi, who are committing an increasing percentage of serious and violent crimes.
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(2) The Division of Youth Services shall establish, maintain and operate an Adolescent Opportunity Program (AOP), which may include non-Medicaid assistance eligible juveniles. Beginning July 1, 2006, subject to availability of funds appropriated therefor by the Legislature, the Division of Youth Services shall phase in AOPs in every county of the state over a period of four (4) years. The phase-in of the AOPs shall be as follows:
(a) As of July 1, 2007, not less than twenty (20) counties shall be served by at least one (1) AOP;
(b) As of July 1, 2008, not less than forty (40) counties shall be served by at least one (1) AOP;
(c) As of July 1, 2009, not less than sixty (60) counties shall be served by at least one (1) AOP; and
(d) As of July 1, 2010, all eighty-two (82) counties shall be served by at least one (1) AOP.
AOP professional services, salaries, facility offices, meeting rooms and related supplies and equipment may be provided through contract with local mental health or other nonprofit community organizations. Each AOP must provide youth with comprehensive strength-based needs assessments, individualized treatment plans and community-based services for certain youth who would otherwise be committed to the training school. The AOP will ensure that youth and their families can access necessary services available in their home communities. Based on the assessment, an individualized treatment plan shall be developed that defines the supervision and programming that is needed by a youth. Such treatment plan shall be developed by a multi-disciplinary team that includes the family of the youth. * * *
(3) The Division of Youth Services shall operate and maintain the Forestry Camp Number 43 at the Columbia Training School, originally authorized and constructed in 1973, to consist of a twenty-bed dormitory, four (4) offices, a classroom, kitchen, dining room, day room and apartment. The purpose of this camp shall be to train juvenile detention residents for community college and other forestry training programs.
(4) On the grounds of the Oakley Training School, the Department of Human Services, Division of Youth Services, shall operate two (2) ten-bed therapeutic group homes that shall be subject to the licensure requirements of the Department of Health and shall be eligible for funding from the Division of Medicaid. One (1) of the group homes shall exclusively house females and shall provide gender responsive treatment and programming.
SECTION 2. Section 43-27-39, Mississippi Code of 1972, is amended as follows:
[Until July 1, 2010, through June 30, 2011, this section shall read as follows:]
43-27-39. (1) The purpose of this section is to ensure that Mississippi's juvenile justice system is cost-efficient and effective at reducing juvenile crime and to create a continuum of options for Mississippi's youth court judges so that they are better equipped to protect our communities and to care for our children.
(2) The Columbia Training School shall no longer operate as a secure training school for juvenile delinquents. All male youth committed to the custody of the Department of Human Services and adjudicated to training school shall be housed at the Oakley Training School. * * *
(3) On the grounds of the Oakley Training School, the Department of Human Services, Division of Youth Services, shall operate two (2) ten-bed therapeutic group homes that shall be subject to the licensure requirements of the Department of Health and shall be eligible for funding from the Division of Medicaid. Youth shall be housed in the group homes for a length of stay that shall not exceed ninety (90) days. One (1) of the group homes shall exclusively house females and shall provide gender responsive treatment and programming.
[From and after July 1, 2011, this section shall read as follows:]
43-27-39. (1) The purpose of this section is to ensure that Mississippi's juvenile justice system is cost-efficient and effective at reducing juvenile crime and to create a continuum of options for Mississippi's youth court judges so that they are better equipped to protect our communities and to care for our children.
(2) The Columbia Training School shall no longer operate as a secure training school for juvenile delinquents. All male youth committed to the custody of the Department of Human Services and adjudicated to training school shall be housed at the Oakley Youth Development Center. * * *
(3) On the grounds of the Oakley Youth Development Center, the Department of Human Services, Division of Youth Services, shall operate two (2) ten-bed therapeutic group homes that shall be subject to the licensure requirements of the Department of Health and shall be eligible for funding from the Division of Medicaid. Youth shall be housed in the group homes for a length of stay that shall not exceed ninety (90) days. One (1) of the group homes shall exclusively house females and shall provide gender responsive treatment and programming.
SECTION 3. Section 99-3-28, Mississippi Code of 1972, is amended as follows:
99-3-28. (1) (a) Except as provided in subsection (2) of this section, before an arrest warrant shall be issued against any teacher who is a licensed public school employee as defined in Section 37-9-1, a certified jail officer as defined in Section 45-4-9, a counselor at an adolescent opportunity program created under Section 43-27-201 et seq., or a sworn law enforcement officer within this state as defined in Section 45-6-3 for a criminal act, whether misdemeanor or felony, which is alleged to have occurred while the teacher, jail officer, counselor at an adolescent opportunity program or law enforcement officer was in the performance of official duties, a probable cause hearing shall be held before a circuit court judge. The purpose of the hearing shall be to determine if adequate probable cause exists for the issuance of a warrant. All parties testifying in these proceedings shall do so under oath. The accused shall have the right to enter an appearance at the hearing, represented by legal counsel at his own expense, to hear the accusations and evidence against him; he may present evidence or testify in his own behalf.
(b) The authority receiving any such charge or complaint against a teacher, jail officer, counselor at an adolescent opportunity program or law enforcement officer shall immediately present same to the county prosecuting attorney having jurisdiction who shall immediately present the charge or complaint to a circuit judge in the judicial district where the action arose for disposition pursuant to this section.
(2) Nothing in this section shall prohibit the issuance of an arrest warrant by a circuit court judge upon presentation of probable cause, without the holding of a probable cause hearing, if adequate evidence is presented to satisfy the court that there is a significant risk that the accused will flee the court's jurisdiction or that the accused poses a threat to the safety or wellbeing of the public.
SECTION 4. Section 97-44-19, Mississippi Code of 1972, is amended as follows:
97-44-19. (1) Any person who intentionally directs, participates, conducts, furthers, or assists in the commission of illegal gang activity shall be punished by imprisonment for not less than one (1) year nor more than one-half (1/2) of the maximum term of imprisonment provided for an underlying offense and may be fined an amount not to exceed Ten Thousand Dollars ($10,000.00). Any sentence of imprisonment imposed pursuant to this section shall be in addition and consecutive to any sentence imposed for the underlying offense.
(2) Any person who is convicted of a felony or an attempted felony which is committed for the benefit of, at the direction of, or in association with any criminal street gang, with the intent to promote, further, or assist in the affairs of a criminal gang, shall, upon conviction of that felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be imprisoned for not less than one (1) year nor more than one-half (1/2) of the maximum term of imprisonment provided for that offense.
(3) Any person who is convicted of an offense other than a felony which is committed for the benefit of, at the direction of, or in association with, any criminal street gang, with the specific intent to promote, further or assist in any criminal conduct or enterprise by gang members, shall, in addition and consecutive to the penalty provided for that offense, be imprisoned for an additional period of not more than one (1) year.
(4) Any person who knowingly and willfully sells or buys goods or performs services for a criminal street gang in furtherance of illegal activity shall be punished by imprisonment for not less than one (1) year nor more than one-half (1/2) of the maximum term of imprisonment provided for the underlying offense and may be fined an amount not to exceed Ten Thousand Dollars ($10,000.00).
(5) The court may elect to suspend all or a part of any additional mandatory punishment or enhanced punishment provided for in this chapter to impose alternative punishment in the form of properly supervised community service or placement in an appropriate adolescent opportunity program, if available, only in an unusual case where the interest of justice would best be served, and if the court specifies on the record and enters into the minutes the circumstances and reasons that the interests of justice would best be served by that suspension of enhanced punishment.
SECTION 5. This act shall take effect and be in force from and after July 1, 2011.
