Bill Text: MS SB2369 | 2017 | Regular Session | Comm Sub
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-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Judiciary, Division A
By: Senator(s) Tindell
Senate Bill 2369
(COMMITTEE SUBSTITUTE)
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 * * * 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 * * *, and the district
attorney may participate in transfer proceedings.
(3) * * *
The designated youth court prosecutor or prosecutors shall be paid a fee or
salary fixed * * * 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 * * * municipal governing authority from
the funds available to the municipality.
(4) All youth court
prosecutors * * *
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 * * * youth court prosecutors regarding * * * 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) * * *
training session within six (6) months of * * * 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 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 * * * courts where * * * the youth courts are constituted.
In preparation for * * *
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 * * *
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.
