MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Youth and Family Affairs; Appropriations
By: Representative Hines
House Bill 404
(As Sent to Governor)
AN ACT TO AMEND SECTION 43-27-201, MISSISSIPPI CODE OF 1972,
TO REQUIRE THE DIVISION OF YOUTH SERVICES TO OPERATE ADOLESCENT OPPORTUNITY
PROGRAMS RATHER THAN ADOLESCENT OFFENDER PROGRAMS, WHICH SUPPLEMENT EXISTING
COMMUNITY BASED PROGRAMS THAT ARE USED BY YOUTH COURTS AS ALTERNATIVES TO
DETENTION; TO REMOVE OTHER OUTDATED LANGUAGE WITHIN THE SECTION; TO AMEND
SECTION 99-3-28, 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 * * *
correctionalfacilities of the
Division of Youth Services of the Mississippi Department of Human Services in
order to provide modern and efficient * * * correctional andrehabilitation facilities for
juvenile offenders in Mississippi, who are committing an increasing percentage
of serious and violent crimes.
* * *(2) The Department of Finance and Administration, acting
through the Bureau of Building, Grounds and Real Property Management, using
funds from bonds issued under this chapter, monies appropriated by the Legislature
for such purposes, federal matching or other federal funds, federal grants or
other available funds from whatever source, shall provide for, by construction,
lease, lease-purchase or otherwise, and equip the following juvenile
correctional facilities under the jurisdiction and responsibility of the
Division of Youth Services of the Department of Human Services:
(a)
Construct an additional one-hundred-fifty-bed, stand-alone, medium security
juvenile correctional facility for habitual violent male offenders, which
complies with American Correctional Association Accreditation standards and
applicable building and fire safety codes. The medium security, male juvenile
facility location shall be on property owned by the Division of Youth Services,
or its successor, or at a site selected by the Bureau of Building, Grounds and
Real Property Management on land which is hereafter donated to the state
specifically for the location of such facility.
(b)
Construct an additional one-hundred-bed minimum security juvenile correctional
facility for female offenders, and an additional stand-alone, fifteen-bed
maximum security juvenile correctional facility for female offenders, which
complies with American Correctional Association Accreditation standards and
applicable building and fire safety codes. The minimum security and maximum
security female juvenile facilities location shall be on property owned by the
Division of Youth Services, or its successor, or at a site selected by the
Bureau of Building, Grounds and Real Property Management on land which is
hereafter donated to the state specifically for the location of such facility.
(3)
Upon the selection of a proposed site for a correctional facility for juveniles
authorized under subsection (2), the Bureau of Building, Grounds and Real
Property Management of the Department of Finance and Administration shall
notify the board of supervisors of the county in which such facility is
proposed to be located and shall publish a notice as hereinafter set forth in a
newspaper having general circulation in such county. Such notice shall include
a description of the tract of land in the county whereon the facility is
proposed to be located, the nature and size of the facility and the date on
which the determination of the Bureau of Building, Grounds and Real Property
Management shall be final as to the location of such facility, which date shall
not be less than forty-five (45) days following the first publication of such
notice. Such notice shall include a brief summary of the provisions of this
section pertaining to the petition for an election on the question of the
location of the juvenile housing facility in such county. Such notice shall be
published not less than one (1) time each week for at least three (3) consecutive
weeks in at least one (1) newspaper published in such county.
If
no petition requesting an election is filed before the date of final
determination stated in such notice, then the bureau shall give final approval
to the location of such facility.
If
at any time before the aforesaid date a petition signed by twenty percent
(20%), or fifteen hundred (1500), whichever is less, of the qualified electors
of the county involved shall be filed with the board of supervisors requesting
that an election be called on the question of locating such facility, then the
board of supervisors shall adopt a resolution calling an election to be held
within such county upon the question of the location of such facility. Such
election shall be held, as far as practicable, in the same manner as other
elections are held in counties. At such election, all qualified electors of
the county may vote, and the ballots used at such election shall have printed
thereon a brief statement of the facility to be constructed and the words "For
the construction of the facility in (here insert county name) County" and
"Against the construction of the facility in (here insert county name)
County." The voter shall vote by placing a cross (X) or check mark
(√) opposite his choice on the proposition. When the results of the
election on the question of the construction of the facility shall have been
canvassed by the election commissioners of the county and certified by them to
the board of supervisors, it shall be the duty of the board of supervisors to
determine and adjudicate whether or not a majority of the qualified electors
who voted thereon in such election voted in favor of the construction of the
facilities in such county. Unless a majority of the qualified electors who
voted in such election shall have voted in favor of the construction of the
facilities in such county, then such facility shall not be constructed in such
county.
( * * *42) The Division of Youth Services
shall establish, maintain and operate an Adolescent * * * Offender Opportunity Program (AOP) throughout
the state, which may include non-Medicaid assistance eligible juveniles.
Beginning July 1, * * * 20062016,
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 incorporate evidence-based practices and positive behavioral
intervention that includes two (2) or more of the following elements:
academic, tutoring, literacy, mentoring, vocational training, substance abuse
treatment, family counseling and anger management. Programs may include, but
shall not be limited to, after school and weekend programs, job readiness
programs, home detention programs, community service conflict resolution
programs, restitution and community service.
* * *(5) 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.
(6)
The Division of Youth Services shall establish a ten-bed transitional living
facility for the temporary holding of training school adolescents who have
reached their majority, have completed the High School Equivalency
Diploma requirement, and are willing to be rehabilitated until they are placed
in jobs, job training or postsecondary programs. Such transitional living facility
may be operated pursuant to contract with a nonprofit community support
organization.
SECTION 2. 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 * * * offender 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 * * * offender 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 offender 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 3. This act
shall take effect and be in force from and after July 1, 2015.
