Bill Text: MS HB564 | 2026 | Regular Session | Introduced
Bill Title: Juvenile Justice Diversion Program; authorize to operate as re-petition and post-adjudication diversions for juveniles.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-02-03 - Died In Committee [HB564 Detail]
Download: Mississippi-2026-HB564-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary A
By: Representative Creekmore IV
House Bill 564
AN ACT TO AMEND SECTION 43-27-201, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DIVISION OF YOUTH SERVICES' ADOLESCENT OPPORTUNITY PROGRAMS (AOPS) SHALL BE KNOWN AS JUVENILE JUSTICE DIVERSION PROGRAMS (JJDPS); TO REQUIRE THE JJDPS TO OFFER CERTAIN ALTERNATIVES TO DETENTION DURING AFTER SCHOOL AND WEEKEND HOURS; TO PROVIDE THAT SUBJECT TO THE AVAILABLY OF CERTAIN FUNDING, THE JJDPS MAY OPERATE AS PRE-PETITION DIVERSION AND AS POST-ADJUDICATION DIVERSION FOR THE PURPOSE OF DIVERTING JUVENILES FROM DETENTION; TO AMEND SECTION 99-3-28, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; 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 facilities of the Division of Youth Services of the Mississippi Department of Human Services in order to provide modern and efficient rehabilitation facilities for juvenile offenders in Mississippi, who are committing an increasing percentage of serious and violent crimes.
(2) The Division of Youth
Services shall establish, maintain and operate * * * a
Juvenile Justice Diversion Program (JJDP) throughout the state, which may
include non-Medicaid assistance eligible juveniles. Beginning July 1, 2016,
subject to availability of funds appropriated therefor by the Legislature, * * * JJDP professional services,
salaries, facility offices, meeting rooms and related supplies and equipment
may be provided through contract with local mental health centers or
other nonprofit community organizations. Each * * * JJDP participating organization must
incorporate evidence-based practices and positive behavioral interventions
that includes two (2) or more of the following elements: academic * * * tutoring * * * and literacy, mentoring, vocational training,
substance abuse treatment and education, individual counseling,
family counseling, and social adaptability skills training to
include, but not limited to, conflict resolution 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.
The JJDP must offer alternatives to detention during after school and weekend hours to include, but not be limited to, job readiness skills training, curfew and house arrest monitoring, community service work hours and restitution and restorative justice practices.
(3) Subject to availability of funds appropriated therefor by the Legislature, the JJDP may operate as pre-petition diversion and as a post-adjudication diversion for the purpose of diverting juveniles from detention. The Division of Youth Services shall be responsible for programmatic oversight including placement and services provided to juveniles diverted from the youth courts in the pre-petition setting. The youth courts, in consultation with the Division of Youth Services, shall be responsible for overseeing placement and services provided to juveniles in the post-adjudication setting.
SECTION 2. Section 99-3-28, Mississippi Code of 1972, is amended as follows:
99-3-28. (1) (a) (i)
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 * * * a juvenile justice diversion
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 * * * a juvenile
justice diversion 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.
(ii) The authority
receiving any such charge or complaint against a teacher, jail officer,
counselor at * * * a juvenile justice diversion 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.
(b) For any person not covered under paragraph (a) of this subsection, before an arrest warrant based on the criminal complaint of a person who is not a law enforcement officer acting in the officer's official capacity may be issued against the person for an alleged criminal act, whether misdemeanor or felony, the appropriate judge must make a determination, with or without a hearing, as to whether the affidavit clearly identifies probable cause to believe that the offense alleged has been committed, at the discretion of the court. If the judge elects to hold a probable cause hearing, parties testifying shall do so under oath and the accused shall have the right to enter an appearance, be represented by legal counsel at his own expense, to hear the accusations and evidence against him, and may present evidence or testify in his own behalf.
(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 well-being of the public.
(3) Nothing in this section shall prohibit a law enforcement officer from arresting any person under circumstances in which the law enforcement officer would not be required to seek a warrant from a court.
SECTION 3. This act shall take effect and be in force from and after July 1, 2026.
