MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary, Division A
By: Senator(s) Jackson (32nd)
AN ACT TO CREATE THE VETERANS COURT ACT; TO CREATE ALTERNATIVE CRIMINAL PROGRAMS FOR VETERANS CHARGED WITH CRIMES; TO CREATE NEW SECTION 9-23-51, MISSISSIPPI CODE OF 1972, TO ENACT A SHORT TITLE FOR THE BILL; TO CREATE NEW SECTION 9-23-53, MISSISSIPPI CODE OF 1972, TO STATE LEGISLATIVE INTENT; TO CREATE NEW SECTION 9-23-55, MISSISSIPPI CODE OF 1972, TO ENACT DEFINITIONS; TO CREATE NEW SECTION 9-23-57, MISSISSIPPI CODE OF 1972, TO REQUIRE THE ADMINISTRATIVE OFFICE OF COURTS TO CERTIFY VETERANS COURT PROGRAMS; TO CREATE NEW SECTION 9-23-59, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AN ADVISORY COMMITTEE; TO CREATE NEW SECTION 9-23-61, MISSISSIPPI CODE OF 1972, TO SPECIFY REQUIREMENTS FOR INTERVENTION AND TREATMENT COMPONENTS; TO CREATE NEW SECTION 9-23-63, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CERTIFICATION OF PROGRAM COMPONENTS; TO CREATE NEW SECTION 9-23-65, MISSISSIPPI CODE OF 1972, TO SPECIFY REQUIREMENTS FOR ELIGIBILITY TO PARTICIPATE; TO CREATE NEW SECTION 9-23-67, MISSISSIPPI CODE OF 1972, TO SPECIFY THE AUTHORITY OF THE ADMINISTRATIVE OFFICE OF COURTS; TO CREATE NEW SECTION 9-23-69, MISSISSIPPI CODE OF 1972, TO AUTHORIZE FUNDING FOR VETERANS COURTS; TO CREATE NEW SECTION 9-23-71, MISSISSIPPI CODE OF 1972, TO PROVIDE IMMUNITY FOR VETERANS COURT STAFF; TO CREATE NEW SECTION 9-23-73, MISSISSIPPI CODE OF 1972, TO ALLOW EXPUNCTION OF A CRIMINAL RECORD UNDER CERTAIN CIRCUMSTANCES; TO CREATE NEW SECTION 9-23-75, MISSISSIPPI CODE OF 1972, TO SPECIFY THE DUTIES OF A VETERANS COURT; TO AMEND SECTIONS 9-23-1, 9-23-3, 9-23-5, 9-23-11, 9-23-17 AND 9-23-21, MISSISSIPPI CODE OF 1972, TO CONFORM THE ALYCE GRIFFIN CLARKE DRUG COURT ACT TO A CHANGE IN TERMINOLOGY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 9-23-51, Mississippi Code of 1972:
9-23-51. This article shall be known and may be cited as the Veterans Court Act.
SECTION 2. The following shall be codified as Section 9-23-53, Mississippi Code of 1972:
9-23-53. (1) The Legislature of Mississippi recognizes the critical need for judicial intervention to reduce crimes committed by veterans attributable to mental illness or as a result of alcohol and drug use and alcohol and drug addiction and to reduce the incidence of alcohol and drug use and alcohol and drug addiction among veterans. It is the intent of the Legislature to facilitate local veterans court alternative orders.
(2) The goals of the veterans courts under this article include the following:
(a) To reduce alcoholism and other drug dependencies among offenders and defendants;
(b) To reduce criminal recidivism;
(c) To reduce the mental illness-related, alcohol-related and other drug-related court workload;
(d) To increase personal, familial and societal accountability of veterans who are offenders or defendants; and
(e) To promote effective interaction and use of resources among criminal and juvenile justice personnel, child protective services personnel, mental health agencies and community agencies.
SECTION 3. The following shall be codified as Section 9-23-55, Mississippi Code of 1972:
9-23-55. For the purposes of this article, the following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:
(a) "Veterans court program" means a program that has the following essential characteristics:
(i) The integration of services in the processing of cases in the judicial system;
(ii) The use of a nonadversarial approach involving prosecutors and defense attorneys to promote public safety and to protect the due process rights of program participants;
(iii) Early identification and prompt placement of eligible participants in the program;
(iv) Access to a continuum of alcohol, controlled substance, mental health and other related treatment and rehabilitative services;
(v) Careful monitoring of treatment and services provided to program participants;
(vi) A coordinated strategy to govern program responses to participants' compliance;
(vii) Ongoing judicial interaction with program participants;
(viii) Monitoring and evaluation of program goals and effectiveness;
(ix) Continuing interdisciplinary education to promote effective program planning, implementation and operations; and
(x) Development of partnerships with public agencies and community organizations, including the United States Department of Veterans Affairs.
(b) "Veteran" means a person who served in the active Armed Forces of the United States for a period of ninety (90) days during a period of war or armed conflict and was granted an honorable discharge or who was discharged for a service-connected injury in less than ninety (90) days.
(c) "Chemical tests" means the analysis of an individual's: (i) blood, (ii) breath, (iii) hair, (iv) sweat, (v) saliva, (vi) urine; or (vii) other bodily substance to determine the presence of alcohol or a controlled substance.
SECTION 4. The following shall be codified as Section 9-23-57, Mississippi Code of 1972:
9-23-57. The Administrative Office of Courts shall be responsible for certification and monitoring of local veterans courts according to standards promulgated by the State Veterans Court Advisory Committee.
SECTION 5. The following shall be codified as Section 9-23-59, Mississippi Code of 1972:
9-23-59. (1) The State Veterans Court Advisory Committee is established to develop and periodically update proposed statewide evaluation plans and models for monitoring all critical aspects of veterans courts. The committee must provide the proposed evaluation plans to the Chief Justice and the Administrative Office of Courts. The committee shall be chaired by the Director of the Administrative Office of Courts and shall consist of not less than seven (7) members nor more than eleven (11) members appointed by the Supreme Court and broadly representative of the courts, law enforcement, corrections, mental health, veterans affairs, child protective services and substance abuse treatment communities.
(2) The State Veterans Court Advisory Committee may also make recommendations to the Chief Justice, the Director of the Administrative Office of Courts and state officials concerning improvements to veterans court policies and procedures. The committee may make suggestions as to the criteria for eligibility, and other procedural and substantive guidelines for veterans court operation.
(3) The State Veterans Court Advisory Committee shall act as arbiter of disputes arising out of the operation of veterans courts established under this article and make recommendations to improve the veterans courts; it shall also make recommendations to the Supreme Court necessary and incident to compliance with established rules.
(4) The State Veterans Court Advisory Committee shall establish through rules and regulations a viable and fiscally responsible plan to expand the number of veterans court programs operating in Mississippi. These rules and regulations shall include plans to increase participation in existing and future programs while maintaining their voluntary nature.
(5) In lieu of establishing a State Veterans Court Advisory Committee, the Supreme Court by order may re-task the State Drug Court Advisory Committee to perform the functions required under this article.
SECTION 6. The following shall be codified as Section 9-23-61, Mississippi Code of 1972:
9-23-61. (1) A veterans court may establish an alcohol and drug intervention component provided all the following requirements are met:
(a) The veterans court established by the court is certified by the Administrative Office of Courts;
(b) The court that established the veterans court determines that in order to fully implement the purposes of the veterans court that the drug and alcohol intervention component is necessary; and
(c) The court must submit a petition for approval to the Administrative Office of Courts containing the following:
(i) A full description of a proposed intervention component.
(ii) A budget supported by statistics.
(iii) Details on the implementation of the intervention component.
(2) Each individual veterans court judge may establish rules and may make special orders and rules as necessary that do not conflict with rules promulgated by the Supreme Court.
(3) A veterans court may appoint such full- or part-time employees it deems necessary for the work of the veterans court and shall fix the compensation of those employees. Such employees shall serve at the will and pleasure of the judge or the judge's designee.
(4) Veterans court employees or contractors shall perform duties the court assigns.
(5) A veterans court established under this article is subject to the regulatory powers of the Administrative Office of Courts as set forth in Section 9-23-15.
(6) Each individual veterans court is responsible for the administration of the drug and alcohol intervention component of that court.
(7) (a) The costs of participation in an alcohol and drug services component required by the veterans court established by this article may be paid by the participant or out of user fees or such other state, federal or private funds that may, from time to time, be made available.
(b) The court may assess such reasonable fees for participation and may impose sanctions that it deems appropriate, not to exceed One Thousand Dollars ($1,000.00).
SECTION 7. The following shall be codified as Section 9-23-63, Mississippi Code of 1972:
9-23-63. (1) A veterans court's alcohol and drug intervention component may provide for eligible individuals a range of necessary court intervention services, including, but not limited to, the following:
(a) Screening for eligibility and other appropriate services;
(b) Clinical assessment;
(c) Education;
(d) Referral;
(e) Service coordination and case management; and
(f) Counseling and rehabilitative care.
(2) Any inpatient treatment or inpatient detoxification program ordered by the court shall be certified by the Department of Mental Health, other appropriate state agency or the equivalent agency of another state.
SECTION 8. The following shall be codified as Section 9-23-65, Mississippi Code of 1972:
9-23-65. (1) In order to be eligible for alternative sentencing through a local veterans court, a defendant is eligible to participate in a veterans court program established under this article only if the attorney representing the state consents to the defendant's participation in the program and if the court in which the criminal case is pending finds that the defendant:
(a) Is a veteran or current member of the United States Armed Forces, including a member of the reserves, national guard or state guard; and
(b) Suffers from a brain injury, mental illness or mental disorder, including post-traumatic stress disorder, that:
(i) Resulted from the defendant's military service in a combat zone or other similar hazardous duty area;
(ii) Materially affected the defendant's criminal conduct at issue in the case.
(2) Participation in the services of an alcohol and drug intervention component shall be open only to the individuals over whom the court has jurisdiction, except that the court may agree to provide the services for individuals referred from another veterans court. In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.
(3) (a) As a condition of participation in a veterans court, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the veterans court. A participant is liable for the costs of all chemical tests required under this section, regardless of whether the costs are paid to the veterans court or the laboratory; however, if testing is available from other sources or the program itself, the judge may waive any fees for testing.
(b) A laboratory that performs a chemical test under this section shall report the results of the test to the veterans court.
(4) A person does not have a right to participate in veterans court under this article. The court having jurisdiction over a person for a matter before the court shall have the final determination about whether the person may participate in veterans court under this article.
(5) The court in which the criminal case is pending shall allow an eligible defendant to choose whether to proceed through the veterans court program or otherwise through the criminal justice system.
(6) Proof of matters under this section may be submitted to the court in which the criminal case is pending in any form the court determines to be appropriate, including military service and medical records, previous determinations of a disability by a veteran's organization or by the United States Department of Veterans Affairs, testimony or affidavits of other veterans or service members, and prior determinations of eligibility for benefits by any state or county veterans office.
SECTION 9. The following shall be codified as Section 9-23-67, Mississippi Code of 1972:
9-23-67. With regard to any veterans court established under this article, the Administrative Office of Courts may do the following:
(a) Ensure that the structure of the intervention component complies with rules adopted under this section and applicable federal regulations.
(b) Revoke the authorization of a program upon a determination that the program does not comply with rules adopted under this section and applicable federal regulations.
(c) Make agreements and contracts to effectuate the purposes of this article with:
(i) Another department, authority or agency of the state;
(ii) Another state;
(iii) The federal government;
(iv) A state-supported or private university; or
(v) A public or private agency, foundation, corporation or individual.
(d) Directly, or by contract, approve and certify any intervention component established under this article.
(e) Require, as a condition of operation, that each veterans court created or funded under this article be certified by the Administrative Office of Courts.
(f) Adopt rules to implement this article.
SECTION 10. The following shall be codified as Section 9-23-69, Mississippi Code of 1972:
9-23-69. (1) All monies received from any source by the veterans court shall be accumulated in a fund to be used only for veterans court purposes. Any funds remaining in this fund at the end of a fiscal year shall not lapse into any general fund, but shall be retained in the veterans court fund for the funding of further activities by the veterans courts.
(2) A veterans court may apply for and receive the following:
(a) Gifts, bequests and donations from private sources.
(b) Grant and contract money from governmental sources.
(c) Other forms of financial assistance approved by the court to supplement the budget of the veterans court.
SECTION 11. The following shall be codified as Section 9-23-71, Mississippi Code of 1972:
9-23-71. The director and members of the professional and administrative staff of the veterans court who perform duties in good faith under this article are immune from civil liability for:
(a) Acts or omissions in providing services under this article; and
(b) The reasonable exercise of discretion in determining eligibility to participate in the veterans court.
SECTION 12. The following shall be codified as Section 9-23-73, Mississippi Code of 1972:
9-23-73. If the participant completes all requirements imposed upon him by the veterans court, including the payment of fines and fees assessed, after notice to the attorney representing the state and a hearing in the veterans court at which that court determines that a dismissal is in the best interest of justice, the court in which the criminal case is pending shall dismiss the criminal charge and prosecution against the defendant. If the defendant or participant was sentenced at the time of entry of plea of guilty, the successful completion of the veterans court order and other requirements of probation or suspension of sentence will result in the record of the criminal conviction or adjudication being expunged. However, no expunction of any implied consent violation shall be allowed.
SECTION 13. The following shall be codified as Section 9-23-75, Mississippi Code of 1972:
9-23-75. (1) A veterans court program established under this article must:
(a) Ensure a person eligible for the program is provided legal counsel before volunteering to proceed through the program and while participating in the program;
(b) Allow a participant to withdraw from the program at any time before a trial on the merits has been initiated;
(c) Provide a participant with a court-ordered individualized treatment plan indicating the services that will be provided to the participant; and
(d) Ensure that the jurisdiction of the veterans court continues for a period of not less than six (6) months but does not continue beyond the period of supervision for the offense charged.
(2) A veterans court program established under this article shall make, establish, and publish local procedures to ensure maximum participation of eligible defendants in the county or counties in which those defendants reside.
SECTION 14. Section 9-23-1, Mississippi Code of 1972, is amended as follows:
9-23-1. This * * * article shall be known and may
be cited as the Alyce Griffin Clarke Drug Court Act.
SECTION 15. Section 9-23-3, Mississippi Code of 1972, is amended as follows:
9-23-3. (1) The Legislature of Mississippi recognizes the critical need for judicial intervention to reduce the incidence of alcohol and drug use, alcohol and drug addiction, and crimes committed as a result of alcohol and drug use and alcohol and drug addiction. It is the intent of the Legislature to facilitate local drug court alternative orders adaptable to chancery, circuit, county, youth, municipal and justice courts.
(2) The goals of the drug
courts under this * * *
article include the following:
(a) To reduce alcoholism and other drug dependencies among adult and juvenile offenders and defendants and among respondents in juvenile petitions for abuse, neglect or both;
(b) To reduce criminal and delinquent recidivism and the incidence of child abuse and neglect;
(c) To reduce the alcohol-related and other drug-related court workload;
(d) To increase personal, familial and societal accountability of adult and juvenile offenders and defendants and respondents in juvenile petitions for abuse, neglect or both; and
(e) To promote effective interaction and use of resources among criminal and juvenile justice personnel, child protective services personnel and community agencies.
SECTION 16. Section 9-23-5, Mississippi Code of 1972, is amended as follows:
9-23-5. For the purposes of
this * * *
article, the following words and phrases shall have the meanings
ascribed unless the context clearly requires otherwise:
(a) "Drug court" means an immediate and highly structured intervention process for substance abuse treatment of eligible defendants or juveniles that:
(i) Brings together substance abuse professionals, local social programs and intensive judicial monitoring; and
(ii) Follows the key components of drug courts published by the Drug Court Program Office of the United States Department of Justice.
(b) "Chemical tests" means the analysis of an individual's: (i) blood, (ii) breath, (iii) hair, (iv) sweat, (v) saliva, (vi) urine; or (vii) other bodily substance to determine the presence of alcohol or a controlled substance.
SECTION 17. Section 9-23-11, Mississippi Code of 1972, is amended as follows:
9-23-11. (1) A drug court may establish an alcohol and drug intervention component provided all the following requirements are met:
(a) The drug court established by the court is certified by the Administrative Office of Courts;
(b) The court that established the drug court determines that in order to fully implement the purposes of the drug court that the drug and alcohol intervention component is necessary; and
(c) The court must submit a petition for approval to the Administrative Office of Courts containing the following:
(i) A full description of a proposed intervention component.
(ii) A budget supported by statistics.
(iii) Details on the implementation of the intervention component.
(2) Each individual drug court judge may establish rules and may make special orders and rules as necessary that do not conflict with rules promulgated by the Supreme Court.
(3) A drug court may appoint such full- or part-time employees it deems necessary for the work of the drug court and shall fix the compensation of those employees. Such employees shall serve at the will and pleasure of the judge or the judge's designee.
(4) Drug court employees or contractors shall perform duties the court assigns.
(5) A drug court
established under this * * *
article is subject to the regulatory powers of the Administrative Office
of Courts as set forth in Section 9-23-15.
(6) Each individual drug court is responsible for the administration of the drug and alcohol intervention component of that court.
(7) (a) The costs of
participation in an alcohol and drug services component required by the drug
court established by this * * *chapter article may be paid by the participant or out
of user fees or such other state, federal or private funds that may, from time
to time, be made available.
(b) The court may assess such reasonable fees for participation and may impose sanctions that it deems appropriate.
SECTION 18. Section 9-23-17, Mississippi Code of 1972, is amended as follows:
9-23-17. With regard to any
drug court established under this * * * article, the Administrative
Office of Courts may do the following:
(a) Ensure that the structure of the intervention component complies with rules adopted under this section and applicable federal regulations.
(b) Revoke the authorization of a program upon a determination that the program does not comply with rules adopted under this section and applicable federal regulations.
(c) Make agreements
and contracts to effectuate the purposes of this * * * article with:
(i) Another department, authority or agency of the state;
(ii) Another state;
(iii) The federal government;
(iv) A state-supported or private university; or
(v) A public or private agency, foundation, corporation or individual.
(d) Directly, or by
contract, approve and certify any intervention component established under this * * * article.
(e) Require, as a
condition of operation, that each drug court created or funded under this * * * article be certified by the
Administrative Office of Courts.
(f) Adopt rules to
implement this * * *
article.
SECTION 19. Section 9-23-21, Mississippi Code of 1972, is amended as follows:
9-23-21. The director and
members of the professional and administrative staff of the drug court who
perform duties in good faith under this * * * article are immune from civil
liability for:
(a) Acts or omissions in providing services under this article; and
(b) The reasonable exercise of discretion in determining eligibility to participate in the drug court.
SECTION 20. This act shall take effect and be in force from and after July 1, 2013.