Bill Text: MS HB844 | 2015 | Regular Session | Engrossed
Bill Title: Department of Health; provide that department shall license ex-offender group care homes.
Spectrum: Bipartisan Bill
Status: (Failed) 2015-03-03 - Died In Committee [HB844 Detail]
Download: Mississippi-2015-HB844-Engrossed.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Corrections; Public Health and Human Services
By: Representatives Taylor, Hines
House Bill 844
(As Passed the House)
AN ACT TO REQUIRE EX-OFFENDER TRANSITIONAL GROUP CARE HOMES TO BE LICENSED BY THE STATE DEPARTMENT OF HEALTH; TO PROVIDE CERTAIN DEFINITIONS; TO REQUIRE THOSE OPERATING SUCH HOMES TO PROVIDE CERTAIN SERVICES TO THOSE RESIDING IN THE HOMES; TO REQUIRE SUCH HOMES TO PAY A CERTAIN LICENSING FEE; TO REQUIRE THE DEPARTMENT OF HEALTH TO ADOPT CERTAIN RULES AND REGULATIONS PERTAINING TO THE HOMES; TO REQUIRE CERTAIN INFORMATION BE REPORTED TO CERTAIN INDIVIDUALS REGARDING THE RESIDENTS OF SUCH HOMES; TO PROVIDE CERTAIN PENALITIES FOR THOSE OPERATING SUCH HOMES WITHOUT A LICENSE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. When used in this act, the following words shall have the following meaning:
(a) "Person" means any individual, firm, partnership, corporation, company, association or joint-stock association, or any licensee herein or the legal successor thereof.
(b) "Licensing agency" means the State Department of Health.
(c) "Ex-offender transitional group care home" means any private or nonprofit entity that houses seven or more ex-offenders, who are individuals no longer on parole, probation or post-release supervision by the Mississippi Department of Corrections or by any other state's correctional system, for three (3) months or more.
SECTION 2. The purpose of this act is to protect and promote the public welfare by providing for the development, establishment and enforcement of certain standards in the maintenance and operation of ex-offender transitional group care homes, which will insure safe, sanitary and reasonably adequate care of individuals in such homes.
SECTION 3. No person, acting severally or jointly with any other person, shall establish, conduct, or maintain an ex-offender transitional group care home in this state without a license under this act.
Any person who establishes, conducts, manages or operates an ex-offender tranditional group care home shall implement a program that consists, but is not limited to, the following components:
(a) An assessment and placement component using a recidivism needs assessment of the individuals residing in the home.
(b) An intensive and comprehensive treatment and rehabilitation component which addresses the specific drug or alcohol problem of the individuals residing in the home.
(c) An aftercare post-release component that has a specific transition plan for each individual residing in a home. The transition plan must address specific post-release needs such as employment, housing, medical care, relapse prevention and treatment. The plan shall require personnel to assist individuals residing in a home with these needs and to assist in finding community-based programs for an individual residing in a home. The plan shall require the individual to be tracked in at least thirty-day intervals to measure compliance with his or her established transition plan.
(d) A monitoring assessment of recidivism containing post-release history of substance abuse, breaches of trust, arrests, convictions, employment, community functioning, and marital and family interaction.
(e) The licensing agency shall file a report annually on the program with specific data on recidivism of individuals residing in such homes, including data required in this section.
SECTION 4. Any person, as defined in Section 1 of this act, shall apply for a license as provided in this section. An application for a license shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed under this act. Each application for a license for an ex-offender transitional group care home shall be accompanied by a license fee of Twenty Dollars ($20.00) for each bed in the home, with a minimum fee per home of Two Hundred Dollars ($200.00), which shall be paid to the licensing agency.
No governmental entity or agency shall be required to pay the fee or fees set forth in this section.
SECTION 5. (1) The licensing agency shall adopt, amend, promulgate and enforce such rules, regulations and standards, ex-offender transitional group care homes to be licensed under this act as may be designed to further the accomplishment of the purpose of this act in promoting adequate care of individuals in those homes in the interest of public health, safety and welfare. Those rules, regulations and standards shall be adopted and promulgated by the licensing agency and shall be recorded and indexed in a book to be maintained by the licensing agency in its main office in the State of Mississippi, entitled "Rules, Regulations and Minimum Standards for Ex-Offender Transitional Group Care Homes" and the book shall be open and available to all ex-offender transitional group care homes and the public generally at all reasonable times. Upon the adoption of those rules, regulations and standards, the licensing agency shall mail copies thereof to all those homes in the state that have filed with the agency their names and addresses for this purpose, but the failure to mail the same or the failure of the ex-offender transitional group care homes to receive the same shall in no way affect the validity thereof. The rules, regulations and standards may be amended by the licensing agency, from time to time, as necessary to promote the health, safety and welfare of persons living in those homes.
(2) The licensee shall keep posted in a conspicuous place on the licensed premises all current rules, regulations and minimum standards applicable to fire protection measures as adopted by the licensing agency. The licensee shall furnish to the licensing agency at least once each six (6) months a certificate of approval and inspection by state or local fire authorities. Failure to comply with state laws and/or municipal ordinances and current rules, regulations and minimum standards as adopted by the licensing agency, relative to fire prevention measures, shall be prima facie evidence for revocation of license.
SECTION 6. (1) In addition to any other requirements that the licensing agency may have, an ex-offender transitional group care home shall provide the following to the licensing agency pertaining to each offender that is housed in the group care home:
(a) Amount of time served by the ex-offender;
(b) Release date of the ex-offender;
(c) Date of application to the group care home; and
(d) Basis upon which the ex-offender became aware of a group care home.
(2) Upon securing the information prescribed under subsection (1) of this section, the licensing agency shall submit such information to all the following individuals in which the group care home is located:
(i) District attorney;
(ii) Chief of police;
(iii) Sheriff; and
(iv) Legislators.
SECTION 7. Any ex-offender transitional group care home which is in operation at the time of promulgation of any applicable rules or regulations or minimum standards under this act shall be given a reasonable time, under the particular circumstances not to exceed one (1) year from the date of such promulgation, within which to comply with such rules and regulations and minimum standards.
SECTION 8. Information received by the licensing agency through filed reports, inspection, or as otherwise authorized under this act, shall not be disclosed publicly, except as provided in Section 6 of this act, in such manner as to identify individuals, except in a proceeding involving the questions of licensure; however, the licensing agency may utilize statistical data concerning types of services and the utilization of those services for ex-offender group care homes.
SECTION 9. Any person establishing, conducting, managing or operating an ex-offender transitional group care home without a license under this act shall be guilty of a misdemeanor, and upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) for the first offense and not more than One Thousand Dollars ($1,000.00) for each subsequent offense, and each day of a continuing violation after conviction shall be considered a separate offense.
SECTION 10. This act shall take effect and be in force from and after July 1, 2015, and shall stand repealed on June 30, 2015.
