Bill Text: MS HB1211 | 2017 | Regular Session | Introduced
Bill Title: Youth court prosecutor; require district attorney to appoint and require residency in county where youth court is located.
Sponsorship: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2017-02-08 - Failed [HB1211 Detail]
Download: Mississippi-2017-HB1211-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Youth and Family Affairs
By: Representative Bennett
House Bill 1211
AN ACT TO AMEND SECTION 43-21-117, MISSISSIPPI CODE OF 1972, TO REVISE THE APPOINTMENT OF THE YOUTH COURT PROSECUTOR AND TO REQUIRE SUCH PROSECUTOR TO RESIDE IN THE COUNTY WHERE THE YOUTH COURT IS LOCATED; TO AMEND SECTION 19-9-96, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-21-117, Mississippi Code of 1972, is amended as follows:
43-21-117. (1) The youth court prosecutor shall represent the petitioner in all proceedings in the youth court.
(2) The * * * district
attorney shall appoint the youth court prosecutor, who must be a
resident of the county in which the youth court is located; however, * * * where there is a municipal youth court division, the
city prosecutor shall serve as youth court prosecutor * * *, and the district
attorney may participate in transfer proceedings.
(3) * * * The designated youth
court prosecutor or prosecutors shall be paid a fee or salary fixed on order of
the judge as provided in Section 43-21-123 and shall be paid by the county out
of any available funds budgeted for the youth court by the board of
supervisors, unless the designated youth court prosecutor or prosecutors serves
in a municipal youth court division, in which case he shall be paid a fee or
salary fixed on order of the judge from the funds available to the
municipality.
(4) All youth court
prosecutors * * * are
required to receive juvenile justice training approved by the Mississippi
Attorney General's office and regular annual continuing education in the field
of juvenile justice. The Mississippi Attorney General's office shall determine
the amount of juvenile justice training and annual continuing education which
shall be satisfactory to fulfill the requirements of this subsection. The
Administrative Office of Courts shall maintain a roll of youth court
prosecutors, shall enforce the provisions of this subsection, and shall
maintain records on all * * *such youth court prosecutors regarding * * * the required training. Should a
youth court prosecutor miss two (2) consecutive training sessions sponsored by
the Mississippi Attorney General's office as required by this subsection or
fail to attend one (1) such training session within six (6) months of their
designation as youth court prosecutor, the youth court prosecutor shall be
disqualified to serve and be immediately removed from the office of youth court
prosecutor and another youth court prosecutor shall be designated.
SECTION 2. Section 19-9-96, Mississippi Code of 1972, is amended as follows:
19-9-96. The board of supervisors of any county may, in its discretion, set aside, appropriate and expend moneys from the general fund to be used for funding of the operation of the youth court division other than a municipal youth court division. Such funds shall be expended for no other purpose than:
(a) Payment of the
salaries of the referees, court administrators, youth court prosecutor * * *, youth court public
defender, court reporters other than regular chancery court or county court
reporters, clinical psychologists and other professional personnel, secretaries
and other clerical or other court-appointed personnel, detention home
employees, shelter home employees, halfway house employees and youth
counsellors;
(b) Travel and training expenses;
(c) The operation of a youth court and related facilities, detention facilities, shelter home facilities, group homes and halfway houses;
(d) Volunteer programs or other court-authorized programs;
(e) Providing the youth court referee with a current set of the Mississippi Code of 1972 if a set has not been provided.
SECTION 3. This act shall take effect and be in force from and after July 1, 2017.
