Bill Text: MS SB2369 | 2017 | Regular Session | Engrossed

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Bill Title: Youth court prosecutor; appointed by county prosecuting attorney.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2017-02-28 - Died In Committee [SB2369 Detail]

Download: Mississippi-2017-SB2369-Engrossed.html

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MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Judiciary, Division A

By: Senator(s) Tindell

Senate Bill 2369

(As Passed the Senate)

AN ACT TO AMEND SECTION 43-21-117, MISSISSIPPI CODE OF 1972, TO REVISE THE APPOINTMENT OF THE YOUTH COURT PROSECUTOR AND TO REQUIRE THAT THE YOUTH COURT PROSECUTOR RESIDE IN THAT COUNTY; TO AMEND SECTION 43-21-12, MISSISSIPPI CODE OF 1972, TO CONFORM; 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 county prosecuting attorney shall serve as the youth court prosecutor; however, if funds are available pursuant to Section 43-21-123, the * * * court county prosecuting attorney may designate, as provided in subsection (3) of this section, a prosecutor or prosecutors in lieu of or in addition to the county prosecuting attorney.  Where there is a municipal youth court division, the city prosecutor shall serve as youth court prosecutor * * *; provided that, and the district attorney may participate in transfer proceedings.

     (3) * * *  The county prosecuting attorney  may designate as provided in Section 43‑21‑123 some suitable attorney or attorneys to serve as youth court prosecutor or prosecutors in lieu of or in conjunction with the youth court prosecutor provided in subsection (2) of this section.  The designated youth court prosecutor or prosecutors shall be paid a fee or salary fixed * * * on order by the judge by the board of supervisors 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 municipal governing authority from the funds available to the municipality.

     (4)  All youth court prosecutors * * * and county prosecuting attorneys who serve as youth court prosecutors shall be 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 * * *such 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 by the county prosecuting attorney.

     SECTION 2.  Section 43-21-123, Mississippi Code of 1972, is amended as follows:

     43-21-123.  Except for expenses provided by state funds * * *and/or and other monies, the board of supervisors, or the municipal governing board where there is a municipal youth court, shall adequately provide funds for the operation of the youth court division of the chancery court in conjunction with the regular chancery court budget, or the county * * *or family courts where * * *said the youth courts are constituted.  In preparation for * * *said receiving funding, on an annual basis at the time requested, the youth court judge or administrator shall prepare and submit to the board of supervisors, or the municipal governing board of the youth court wherever the youth court is a municipal court, an annual budget which will identify the number, staff position, title and amount of annual or monthly compensation of each position as well as provide for other expenditures necessary to the functioning and operation of the youth court.  When the budget of the youth court or youth court judge is approved by the board of supervisors or the governing authority of the municipality, then the youth court or youth court judge may employ such persons as provided in the budget from time to time.

     The board of supervisors of any county in which there is located a youth court, and the governing authority of any municipality in which there is located a municipal youth court, are each authorized to reimburse the youth court judges and other youth court employees or personnel for reasonable travel and expenses incurred in the performance of their duties and in attending educational meetings offering professional training to * * *such those persons as budgeted.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2017, and shall stand repealed on June 30, 2017.

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