Bill Text: MS HB723 | 2024 | Regular Session | Introduced
Bill Title: Sheriffs and district attorneys; authorize clothing allowance for investigators and victim assistance coordinators.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [HB723 Detail]
Download: Mississippi-2024-HB723-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: County Affairs
By: Representative Horan
House Bill 723
AN ACT TO AMEND SECTION 19-25-13, MISSISSIPPI CODE OF 1972, TO INCREASE THE ANNUAL EXPENSE ALLOWANCE FOR SHERIFFS' OFFICES AND CLOTHING ALLOWANCE FOR SHERIFFS' INVESTIGATORS; TO AMEND SECTION 25-31-10, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AN ANNUAL CLOTHING ALLOWANCE FOR CRIMINAL INVESTIGATORS IN THE DISTRICT ATTORNEY'S OFFICES; TO AMEND SECTION 99-36-7, MISSISSIPPI CODE TO AUTHORIZE AN ANNUAL CLOTHING ALLOWANCE FOR VICTIM ASSISTANCE COORDINATORS; TO BRING FORWARD SECTION 25-31-8, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE OPERATING ALLOWANCE FOR DISTRICT ATTORNEYS, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 19-25-13, Mississippi Code of 1972, is amended as follows:
19-25-13. The sheriff shall, at the July meeting of the board of supervisors, submit a budget of estimated expenses of his office for the ensuing fiscal year beginning October 1 in such form as shall be prescribed by the Director of the State Department of Audit. The board shall examine this proposed budget and determine the amount to be expended by the sheriff in the performance of his duties for the fiscal year and may increase or reduce that amount as it deems necessary and proper.
The budget shall include amounts for compensating the deputies and other employees of the sheriff's office, for insurance providing protection for the sheriff and his deputies in case of disability, death and other similar coverage, for travel and transportation expenses of the sheriff and deputies, for feeding prisoners and inmates of the county jail, and for any other expenses that may be incurred in the performance of the duties of the office of sheriff. In addition, the budget shall include amounts for the payment of premiums on bonds and insurance for the sheriff and his deputies which, in the opinion of the board of supervisors, are deemed necessary to protect the interests of the county or the sheriff and his deputies. The amounts may include official bonds and any bonds required of his deputies by the sheriff; liability insurance; insurance against false arrest charges; insurance against false imprisonment charges; theft, fire and other hazards insurance; and hospitalization insurance as provided for in Sections 25-15-101 and 25-15-103. The board may authorize the reimbursement of the sheriff and deputies for the use of privately owned automobiles or other motor vehicles in the performance of official duties at the rate provided by law for state officers and employees, or may authorize the purchase by the sheriff of such motor vehicles and such equipment as may be needed for operation of the sheriff's office, the vehicles and equipment to be owned by the county. In counties that have elected to purchase the motor vehicles and the equipment for the operation of the sheriff's office, if a sheriff or deputy shall be required in the performance of his official duties, in the event of an emergency, to use his privately owned automobile or other motor vehicle, the board of supervisors may, in its discretion, authorize the reimbursement for that use at the rate per mile provided by law for state officers and employees. This shall not be construed as giving an officer a choice of whether to use his own or the county's vehicle, but shall be construed so as not to penalize an officer who must use his own vehicle because the county's vehicle was not available.
The board of supervisors, in
its discretion, may include in its annual budget for the sheriff's office an amount
not to exceed * * * One Thousand Two Hundred Fifty Dollars ($1,250.00),
which may be expended by the sheriff to provide food, water and beverages for
the sheriff, the sheriff's deputies, state, national and local law enforcement officers,
emergency personnel, county employees and members of the general public who the
sheriff requests to assist him and his office while in the performance of
search and rescue missions, disasters or other emergency operations.
The board of supervisors may acquire one or more credit cards that may be used by the sheriff and his deputies to pay expenses incurred by them when traveling in or out of state in the performance of their official duties. The chancery clerk or county purchase clerk shall maintain complete records of all credit card numbers and all receipts and other documents relating to the use of those credit cards. The sheriff shall furnish receipts for the use of the credit cards each month to the chancery clerk or purchase clerk who shall submit a written report monthly to the board of supervisors, which report shall include an itemized list of all expenditures and use of the credit cards for the month, and the expenditures may be allowed for payment by the county in the same manner as other items on the claims docket. The issuance of a credit card to a sheriff or his deputy under the provisions of this section shall not be construed to authorize the sheriff or deputy sheriff to use the credit card to make any expenditure that is not otherwise authorized by law.
The board of supervisors is
hereby authorized and empowered, in its discretion, to appropriate and pay a
sum not to exceed * * * One Thousand Two Hundred Fifty Dollars
($1,250.00) annually as a clothing allowance to each plainclothes
investigator employed by the sheriff's office of that county. The board of supervisors
of any county bordering on the Gulf of Mexico and having a population of more
than thirty-one thousand seven hundred (31,700) but less than thirty-one
thousand eight hundred (31,800) according to the 1990 Federal Census may
appropriate and pay a sum not to exceed * * * One Thousand
Two Hundred Fifty Dollars ($1,250.00) annually as a clothing allowance to
the administrator of the county jail.
The board of supervisors shall, at its first meeting of each quarter beginning on October 1, January 1, April 1 and July 1, appropriate a lump sum for the sheriff for the expenses of his office during the current quarter. The quarterly appropriation shall be one-fourth (1/4) of the amount approved in the annual budget unless the sheriff requests a different amount. Except in case of emergency, as provided in the county budget law, the appropriation for the quarter beginning in October of the last year of the sheriff's term shall not exceed one-fourth (1/4) of the annual budget.
The sheriff shall file a report of all expenses of his office incurred during the preceding month with the board of supervisors for approval at its regular monthly meeting in a form to be prescribed by the Director of the State Department of Audit, and upon filing thereof, and approval by the board, the clerk of the board shall issue warrants in payment thereof but not to exceed the budget appropriation for that quarter. Any appropriated funds that are unexpended at the end of the fiscal year shall remain in the county general fund.
The budget for the sheriff's office may be revised at any regular meeting by the board of supervisors. Upon recommendation of the sheriff, the board may at any regular meeting make supplemental appropriations to the sheriff's office.
Any fees previously required to be paid by a sheriff shall be paid by the board of supervisors by including the estimates therefor in the sheriff's budget. All fees and charges for services heretofore collected by sheriffs shall be collected by the sheriff and paid monthly into the general fund of the concerned county. However, any fees heretofore collected by those sheriffs from the county shall not be paid.
SECTION 2. Section 25-31-10, Mississippi Code of 1972, is amended as follows:
25-31-10. (1) Any district attorney may appoint a full-time criminal investigator.
(2) The district attorneys of the Fifth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, Fifteenth, Sixteenth, Seventeenth, Twentieth and Twenty-first Circuit Court Districts may appoint one (1) additional full-time criminal investigator for a total of two (2) full-time criminal investigators.
(3) The district attorneys of the First, Second, Third, Fourth, Nineteenth and Twenty-third Circuit Court Districts may appoint two (2) additional full-time criminal investigators for a total of three (3) full-time criminal investigators.
(4) The district attorney of the Seventh Circuit Court District may appoint one (1) additional full-time criminal investigator for a total of four (4) full-time criminal investigators.
(5) No district attorney or assistant district attorney shall accept any private employment, civil or criminal, in any matter investigated by such criminal investigators.
(6) The full and complete compensation for all public duties rendered by the criminal investigators shall be not more than Sixty-three Thousand Dollars ($63,000.00) per annum, to be determined at the discretion of the district attorney based upon the qualifications, education and experience of the criminal investigator, plus necessary travel and other expenses, to be paid in accordance with Section 25-31-8. The district attorney is authorized and empowered, in his or her discretion, to pay a sum not to exceed One Thousand Two Hundred Fifty Dollars ($1,250.00) annually as a clothing allowance to each investigator. However, the maximum salary under this subsection for a criminal investigator who has a law degree may be supplemented by the district attorney from other available funds, but not to exceed the maximum salary for a legal assistant to a district attorney.
(7) Any criminal investigator may be designated by the district attorney to attend the Law Enforcement Officers Training Program set forth in Section 45-6-1 et seq. The total expenses associated with attendance by criminal investigators at the Law Enforcement Officers Training Program shall be paid out of the funds of the appropriate district attorney.
(8) The district attorney shall be authorized to assign the duties of criminal investigators regardless of the source of funding for such criminal investigators.
SECTION 3. Section 99-36-7, Mississippi Code of 1972, is amended as follows:
99-36-7. (1) (a) In addition to the full-time legal assistants to the district attorney authorized by Section 25-31-5, the district attorney in each circuit court district in this state shall, subject to the approval of and upon the order of the senior circuit court judge of the district, employ one (1) person to serve at the will and pleasure of the district attorney as a "victim assistance coordinator" who shall not be considered to be a state employee.
(b) The District Attorney of the First Circuit Court District may appoint one (1) additional victim assistance coordinator, and the District Attorney of the Fourteenth Circuit Court District, upon the approval of the boards of supervisors, may appoint one (1) additional victim assistance coordinator, subject to the approval of and upon the order of the senior circuit court judge of the applicable district for a total of two (2) victim assistance coordinators per district.
(2) The duty of the victim assistance coordinator is to ensure that a victim, guardian of a victim, or close relative of a deceased victim is afforded the rights granted victims, guardians and relatives by Section 99-36-5. The victim assistance coordinator shall work closely with appropriate law enforcement agencies, prosecuting attorneys, the state and the judiciary in fulfilling that duty.
(3) The salary of the victim assistance coordinator shall not exceed the salary authorized for criminal investigators in Section 25-31-10, and shall be paid jointly by the counties comprising the circuit court district, with each county paying a pro rata share of the salary as determined by the senior circuit court judge. The district attorney is authorized and empowered, in his or her discretion, to appropriate and pay a sum not to exceed One Thousand Two Hundred Fifty Dollars ($1,250.00) annually as a clothing allowance to each victim assistance coordinator.
(4) The board of supervisors of any county, with the approval of and upon the order of the senior circuit court judge of the district wherein such county lies, may, in addition to any victim assistance coordinator provided for in subsection (1) of this section, create the position of county victim assistance coordinator. The duty of the county victim assistance coordinator shall be to cooperate with local law enforcement agencies, the county attorney and the district attorney in assuring that a victim, guardian or close relative is afforded the rights granted by Section 99-36-5. Two (2) or more counties, by action of their respective boards of supervisors, with the approval of and upon the order of the senior circuit court judge of the district wherein such counties lie, may join in establishing and maintaining the position of victim assistance coordinator to serve these counties. Any municipality, by action of its governing authority, may participate in the establishment and maintenance of a county victim assistance coordinator's office located within the municipality.
(5) Any district attorney, county board of supervisors or governing authority of a municipality which has established or is participating in the maintenance of an office of victim assistance coordinator may apply through the Governor's Office of State and Federal Programs for a grant under the federal "Victims of Crimes Act of 1984" (Public Law 98-473) to be used in the continued operation of the victim assistance program.
SECTION 4. Section 25-31-8, Mississippi Code of 1972, is brought forward as follows:
25-31-8. From and after July 1, 2006, in all circuit court districts in this state existing now or hereafter created, the district attorney shall receive from sums appropriated for such purpose from the General Fund or any special fund of the State of Mississippi, an office operating allowance for the necessary expenses of operating the office of the district attorney, including stenographic help, and other items and expenditures necessary and incident to the investigation of criminal cases, the general expenses of the office of the investigation of criminal cases, the general expenses of the office of the district attorney for preparing and/or trying felony cases and all other cases requiring the services of the district attorney, the sum of Fifty Thousand Dollars ($50,000.00) for each district, and an additional Four Thousand Dollars ($4,000.00) for each assistant authorized by Section 25-31-5(1). All expenditures made from such office operating allowances shall be upon written requisition of the duly elected district attorney to the State Auditor, as otherwise provided by law. The district attorney may delegate to the board of supervisors of any county in his district the responsibility and authority to employ and set the salary of not more than one (1) employee for the office of such district attorney, such salary to be paid as other expenditures are paid from the funds provided by this section. Such employee shall be deemed to be appointed and employed by the board of supervisors and the salary shall not be deemed to be a pecuniary benefit provided by the district attorney's office. The district attorney shall be authorized to assign the duties of any employees regardless of the source of funding for such employees.
SECTION 5. This act shall take effect and be in force from and after July 1, 2024.
