Bill Text: MS SB2794 | 2019 | Regular Session | Introduced
Bill Title: Drug courts; become problem-solving courts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-02-05 - Died In Committee [SB2794 Detail]
Download: Mississippi-2019-SB2794-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Judiciary, Division A
By: Senator(s) Doty
Senate Bill 2794
AN ACT TO PROVIDE THAT THE DRUG COURTS SHALL BE CONVERTED INTO PROBLEM-SOLVING COURTS; TO AMEND SECTIONS 9-23-7 AND 9-23-9 MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 9-23-11, MISSISSIPPI CODE OF 1972, TO REQUIRE A LEVEL OF DETAIL IN METADATA REPORTING; TO AMEND SECTION 9-23-15, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR WAIVER OF FEES OTHERWISE OWED BY INDIGENT APPLICANTS; TO AMEND SECTIONS 9-23-17, 9-23-19, 9-23-23 AND 9-25-1, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTIONS 9-27-1, 9-27-3, 9-27-7, 9-27-9, 9-27-11, 9-27-15, 9-27-17 AND 9-27-19, MISSISSIPPI CODE OF 1972, TO CONFORM THE PROVISIONS OF THE RIVERS MCGRAW MENTAL HEALTH DIVERSION PROGRAM; TO CREATE NEW SECTION 9-23-25, MISSISSIPPI CODE OF 1972, TO REQUIRE SPECIAL TRAINING FOR ATTORNEYS PRACTICING IN PROBLEM-SOLVING COURTS; TO REPEAL SECTION 9-27-13, MISSISSIPPI CODE OF 1972, WHICH SETS FORTH THE AUTHORITY OF THE ADMINISTRATIVE OFFICE OF COURTS WITH REGARD TO MENTAL HEALTH DIVERSION PILOT PROGRAMS; TO REPEAL SECTION 9-27-21, MISSISSIPPI CODE OF 1972, WHICH SETS FORTH THE CIRCUIT COURT DISTRICTS ELIGIBLE TO ESTABLISH MENTAL HEALTH DIVERSION PILOT PROGRAMS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-23-7, Mississippi Code of 1972, is amended as follows:
9-23-7. The
Administrative Office of Courts shall be responsible for certification and
monitoring of local * * * problem-solving courts according to standards
promulgated by the State Drug Courts Advisory Committee.
SECTION 2. Section 9-23-9, Mississippi Code of 1972, is amended as follows:
9-23-9. (1)
The State * * *
Problem-Solving Courts Advisory Committee is established to develop and
periodically update proposed statewide evaluation plans and models for
monitoring all critical aspects of drug courts, mental health courts,
veterans' courts and other problem-solving courts as may be created by statute.
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 * * *
eleven (11) members * * *. One (1) member shall be
appointed by each of the following: the Chief Justice of the Supreme Court,
the Commissioner of Corrections, the Attorney General, the Commissioner of the
Department of Public Safety, the State Public Defender, the Director of the
Department of Human Services, the Director of the Department Mental Health, the
Director of the Veterans' Affairs Board and the State Auditor. One (1) member
shall be a person in recovery or remission from addiction or mental illness
appointed by the Governor.
(2) The State * * * Problem-Solving Courts Advisory
Committee may also make recommendations to the Chief Justice, the Director of
the Administrative Office of Courts and state officials concerning improvements
to * * * problem-solving
court policies and procedures including the * * * problem-solving court
certification process. The committee may make suggestions as to the criteria
for eligibility, and other procedural and substantive guidelines for * * * problem-solving court operation.
(3) The State * * * Problem-Solving Courts Advisory
Committee shall act as arbiter of disputes arising out of the operation of * * * problem-solving courts established
under this chapter and make recommendations to improve the * * * problem-solving courts; it shall
also make recommendations to the Supreme Court necessary and incident to compliance
with established rules.
(4) The State * * * Problem-Solving Courts Advisory
Committee shall establish through rules and regulations a viable and fiscally
responsible plan to expand the number of adult and juvenile * * * problem-solving 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) The State * * * Problem-Solving Courts Advisory
Committee shall receive and review the monthly reports submitted to the
Administrative Office of Courts by each certified * * * problem-solving court and provide
comments and make recommendations, as necessary, to the Chief Justice and the
Director of the Administrative Office of Courts.
SECTION 3. Section 9-23-11, Mississippi Code of 1972, is amended as follows:
9-23-11. (1) The Administrative Office of
Courts shall establish, implement and operate a uniform certification process
for all * * * problem-solving courts and other problem-solving
courts including juvenile courts, veterans courts or any other court designed
to adjudicate criminal actions involving an identified classification of
criminal defendant to ensure funding for * * * problem-solving courts supports effective
and proven practices that reduce recidivism and substance dependency among
their participants. (2) The
Administrative Office of Courts shall establish a certification process that
ensures any new or existing * * * problem-solving court meets minimum
standards for * * * problem-solving court operation.
(a) These standards shall include, but are not limited to:
(i) The use of evidence-based practices including, but not limited to, the use of a valid and reliable risk and needs assessment tool to identify participants and deliver appropriate interventions;
(ii) Targeting medium to high risk offenders for participation;
(iii) The use of current, evidence-based interventions proven to reduce dependency on drugs or alcohol, or both;
(iv) Frequent testing for alcohol or drugs;
(v)
Coordinated strategy between all * * * problem-solving court program personnel
involving the use of graduated clinical interventions;
(vi) Ongoing judicial interaction with each participant; and
(vii)
Monitoring and evaluation of * * * problem-solving court program
implementation and outcomes through data collection and reporting.
(b) * * * Problem-solving court
certification applications shall include:
(i)
A description of the need for the * * * problem-solving court;
(ii)
The targeted population for the * * * problem-solving court;
(iii)
The eligibility criteria for * * * problem-solving court participants;
(iv) A description of the process for identifying appropriate participants including the use of a risk and needs assessment and a clinical assessment;
(v)
A description of the * * * problem-solving court intervention
components, including anticipated budget and implementation plan;
(vi) The data collection plan which shall include collecting the following data:
1. Total number of participants;
2. Total number of successful participants;
3. Total number of unsuccessful participants and the reason why each participant did not complete the program;
4.
Total number of participants who were arrested for a new criminal offense while
in the * * * problem-solving court program;
5.
Total number of participants who were convicted of a new felony or misdemeanor
offense while in the * * * problem-solving court program;
6.
Total number of participants who committed at least one (1) violation while in
the * * * problem-solving court program and the
resulting sanction(s);
7.
Results of the initial risk and needs assessment or other clinical assessment
conducted on each participant; * * *
8. Total number of applications screening by race, gender, offenses charged, indigence and those not accepted with the reason for nonacceptance; and
9. Any other data or information as required by the Administrative Office of Courts.
(c)
Every * * * problem-solving court shall be certified
under the following schedule:
(i)
A * * * problem-solving court application submitted
after July 1, 2014, shall require certification of the * * * problem-solving court based on the proposed * * * problem-solving court plan;
(ii)
A * * * problem-solving court established after
July 1, 2014, shall be recertified after its second year of funded operation;
(iii)
A * * * problem-solving court in existence on July
1, 2014, must submit a certification petition within one (1) year of July 1,
2014, and be certified pursuant to the requirements of this section prior to
expending * * * problem-solving court resources budgeted
for fiscal year 2016; and
(iv)
All * * * problem-solving courts shall submit a re-certification
petition every two (2) years to the Administrative Office of Courts after the
initial certification.
(3)
All certified * * * problem-solving courts shall measure
successful completion of the * * * problem-solving court based on those
participants who complete the program without a new criminal conviction.
(4) (a) All certified * * * problem-solving courts must collect and
submit to the Administrative Office of Courts each month, the following data:
(i) Total number of participants at the beginning of the month;
(ii) Total number of participants at the end of the month;
(iii) Total number of participants who began the program in the month;
(iv)
Total number of participants who successfully completed the * * * problem-solving court in the month;
(v) Total number of participants who left the program in the month;
(vi)
Total number of participants who were arrested for a new criminal offense while
in the * * * problem-solving court program in the month;
(vii)
Total number of participants who were convicted for a new criminal arrest while
in the * * * problem-solving court program in the month;
and
(viii)
Total number of participants who committed at least one (1) violation while in
the * * * problem-solving court program and any
resulting sanction(s).
(b) By August 1, 2015, and each year thereafter, the Administrative Office of Courts shall report to the PEER Committee the information in subsection (4)(a) of this section in a sortable, electronic format.
(5) All certified * * * problem-solving courts may individually
establish rules and may make special orders and rules as necessary that do not
conflict with the rules promulgated by the Supreme Court or the Administrative
Office of Courts.
(6) A certified * * * problem-solving court may appoint the full-
or part-time employees it deems necessary for the work of the * * * problem-solving 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.
(7) The Administrative Office of Courts shall promulgate rules and regulations to carry out the certification and re-certification process and make any other policies not inconsistent with this section to carry out this process.
(8) A certified * * * problem-solving court established
under this chapter is subject to the regulatory powers of the Administrative
Office of Courts as set forth in Section 9-23-17.
SECTION 4. Section 9-23-15, Mississippi Code of 1972, is amended as follows:
9-23-15. (1) In order to
be eligible for alternative sentencing through a local * * * problem-solving court, the
participant must satisfy each of the following criteria:
(a) The participant cannot have any felony convictions for any offenses that are crimes of violence as defined in Section 97-3-2 within the previous ten (10) years.
(b) The crime before the court cannot be a crime of violence as defined in Section 97-3-2.
(c) Other criminal proceedings alleging commission of a crime of violence cannot be pending against the participant.
(d) The participant cannot be currently charged with burglary of a dwelling under Section 97-17-23(2) or 97-17-37.
(e) The crime before the court cannot be a charge of driving under the influence of alcohol or any other drug or drugs that resulted in the death of a person.
(f) The crime charged cannot be one of trafficking in controlled substances under Section 41-29-139(f), nor can the participant have a prior conviction for same.
(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 * * * problem-solving 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 * * * problem-solving court, a participant may be required to
undergo a chemical test or a series of chemical tests as specified by the * * * problem-solving 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 * * * problem-solving court or the
laboratory; however, if testing is available from other sources or the program
itself, the judge may waive any fees for testing. If the applicant is
indigent, the fees for testing shall be waived.
(b) A laboratory that
performs a chemical test under this section shall report the results of the
test to the * * *
problem-solving court.
(4) A person does not have
a right to participate in * * * drug problem-solving court under this chapter. 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 * * * problem-solving court under this
chapter. However, any person who meets the eligibility criteria of
subsection (1) of this section, upon request, must be screened for admission to
problem-solving court.
SECTION 5. Section 9-23-17, Mississippi Code of 1972, is amended as follows:
9-23-17. With regard to any * * * problem-solving court established
under this chapter, the Administrative Office of Courts shall do the following:
(a) Certify and re-certify * * * problem-solving court applications
that meet standards established by the Administrative Office of Courts in
accordance with this chapter.
(b) Ensure that the structure of the intervention component complies with rules adopted under this section and applicable federal regulations.
(c) 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.
(d) Make agreements and contracts to effectuate the purposes of this chapter 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.
(e) Directly, or by contract, approve and certify any intervention component established under this chapter.
(f) Require, as a condition
of operation, that each * * * drug problem-solving court created or funded under
this chapter be certified by the Administrative Office of Courts.
(g) Collect monthly
data reports submitted by all certified * * * problem-solving courts, provide
those reports to the State * * * Problem-Solving Courts Advisory
Committee, compile an annual report summarizing the data collected and the
outcomes achieved by all certified * * * problem-solving courts and submit
the annual report to the Oversight Task Force.
(h) Every three (3)
years contract with an external evaluator to conduct an evaluation of the
effectiveness of the * * * problem-solving court program, both statewide and
individual * * *
problem-solving court programs, in complying with the key components of
the * * * problem-solving
courts adopted by the National Association of Drug Court Professionals.
(i) Adopt rules to implement this chapter.
SECTION 6. Section 9-23-19, Mississippi Code of 1972, is amended as follows:
9-23-19. (1) All
monies received from any source by the * * * problem-solving court shall be
accumulated in a fund to be used only for * * * problem-solving 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 * * * problem-solving court fund for the
funding of further activities by the * * * problem-solving court.
(2) A * * * problem-solving 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 * * * problem-solving court.
(3) The costs of
participation in an alcohol and drug intervention program required by the
certified * * *
problem-solving court 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.
(4) The court may assess
such reasonable and appropriate fees to be paid to the local * * * problem-solving court fund for
participation in an alcohol or drug intervention program. If the applicant
is indigent, the fees shall be waived.
SECTION 7. Section 9-23-23, Mississippi Code of 1972, is amended as follows:
9-23-23. If the participant
completes all requirements imposed upon him by the * * * problem-solving court, * * *
the charge and prosecution shall be dismissed. If the defendant or participant
was sentenced at the time of entry of plea of guilty, the successful completion
of the * * *
problem-solving 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 8. Section 9-25-1, Mississippi Code of 1972, is amended as follows:
9-25-1. (1) The Legislature recognizes that our military veterans have provided an invaluable service to our country. In doing so, many may have suffered the effects of, including, but not limited to, post-traumatic stress disorder, traumatic brain injury and depression, and may also suffer drug and alcohol dependency or addiction and co-occurring mental illness and substance abuse problems. As a result of this, some veterans come into contact with the criminal justice system and are charged with felony offenses. There is a critical need for the justice system to recognize these veterans, provide accountability for their wrongdoing, provide for the safety of the public, and provide for the treatment of our veterans. It is the intent of the Legislature to create a framework for which specialized veterans treatment courts may be established at the circuit court level and at the discretion of the circuit court judge.
(2) Authorization.
A circuit court judge may establish a Veterans Treatment Court program. The
Veterans Treatment Court may, at the discretion of the circuit court judge, be
a separate court program or as a component of an existing * * * problem-solving court program. At
the discretion of the circuit court judge, the Veterans Treatment Court may be
operated in one (1) county within the circuit court district, and allow veteran
participants from all counties within the circuit court district to
participate.
(3) Eligibility. (a) In order to be eligible to participate in a Veterans Treatment Court program established under this section, the attorney representing the state must consent to the defendant's participation in the program. Further, the court in which the criminal case is pending must have found that the defendant is a veteran of the United States Armed Forces as defined in Title 38 USCS.
(b) Participation in the services of an alcohol and drug intervention component shall only be open 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 Treatment Court. In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.
(c) (i) As a condition of participation in a Veterans Treatment Court, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the Veterans Treatment Court program. A participant may be held liable for costs associated with all chemical tests required under this section. However, a judge may waive any fees for testing.
(ii) A laboratory that performs chemical tests under this section shall report the results of the tests to the Veterans Treatment Courts.
(d) A person does not have the right to participate in a Veterans Treatment Court program under this chapter. 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 the Veterans Treatment Court program.
(e) A defendant shall be excluded from participating in a Veterans Treatment Court program if any one (1) of the following applies:
(i) The crime before the court is a crime of violence as set forth in paragraph (c) of this subsection.
(ii) The defendant does not demonstrate a willingness to participate in a treatment program.
(iii) The defendant has been previously convicted of a felony crime of violence including, but not limited to: murder, rape, sexual battery, statutory rape of a child under the age of sixteen (16), armed robbery, arson, aggravated kidnapping, aggravated assault, stalking, or any offense involving the discharge of a firearm or where serious bodily injury or death resulted to any person.
(f) The court in which the criminal case is pending shall allow an eligible defendant to choose whether to proceed through the Veterans Treatment Court program or otherwise through the justice system.
(g) 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.
(4) Administrative Office of Courts. With regard to any Veterans Treatment Court established under this chapter, the Administrative Office of Courts may do the following:
(a) Ensure that the structure of the intervention component complies with rules adopted under this chapter 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 chapter and applicable federal regulations.
(c) Enter into agreements and contracts to effectuate the purposes of this chapter 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 chapter.
(e) Require, as a condition of operation, that each veterans court created or funded under this chapter be certified by the Administrative Office of Courts.
(f) Adopt rules to implement this chapter.
(5) State * * * Problem-Solving Court
Advisory Committee. (a) The State * * * Problem-Solving Court Advisory
Committee shall be responsible for developing statewide rules and policies as
they relate to Veterans Treatment Court programs.
(b) The State * * * Problem-Solving 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 Treatment Court policies and procedures.
(c) The State * * * Problem-Solving Court Advisory
Committee shall act as an arbiter of disputes arising out of the operation of
Veterans Treatment Court programs established under this chapter and make
recommendations to improve the Veterans Treatment Court programs.
(6) Funding for Veterans Treatment Courts. (a) All monies received from any source by the Veterans Treatment Court program shall be accumulated in a fund to be used only for Veterans Treatment Court purposes. Any funds remaining in this fund at the end of the fiscal year shall not lapse into the General Fund, but shall be retained in the Veterans Treatment Court fund for the funding of further activities by the Veterans Treatment Court program.
(b) A Veterans Treatment Court program may apply for and receive the following:
(i) Gifts, bequests and donations from private sources.
(ii) Grant and contract money from governmental sources.
(iii) Other forms of financial assistance approved by the court to supplement the budget of the Veterans Treatment Court program.
(7) Immunity. The coordinator and members of the professional and administrative staff of the Veterans Treatment Court program who perform duties in good faith under this chapter are immune from civil liability for:
(a) Acts or omissions in providing services under this chapter; and
(b) The reasonable exercise of discretion in determining eligibility to participate in the Veterans Treatment Court program.
(8) This section shall be codified as a separate article in Title 9, Mississippi Code of 1972.
SECTION 9. Section 9-27-1, Mississippi Code of 1972, is amended as follows:
9-27-1. This chapter shall
be known and may be cited as the Rivers McGraw Mental Health Diversion * * * Program Act.
SECTION 10. Section 9-27-3, Mississippi Code of 1972, is amended as follows:
9-27-3. (1) The
Legislature recognizes the critical need for judicial intervention to
establish court processes and procedures that are more responsive to the needs
of defendants with mental illnesses, while maintaining public safety and the
integrity of the court process. * * *
(2) The goals of the mental
health diversion * * * programs under this chapter include the following:
(a) Reduce the number of future criminal justice contacts among offenders with mental illnesses;
(b) Reduce the inappropriate institutionalization of people with mental illnesses;
(c) Improve the mental health and well-being of defendants who come in contact with the criminal justice system;
(d) Improve linkages between the criminal justice system and the mental health system;
(e) Expedite case processing;
(f) Protect public safety;
(g) Establish linkages with other state and local agencies and programs that target people with mental illnesses in order to maximize the delivery of services; and
(h) To use corrections
resources more effectively by redirecting prison-bound offenders whose criminal
conduct is driven in part by mental illnesses to intensive supervision and
clinical treatment available in the mental health diversion * * * program.
SECTION 11. Section 9-27-7, Mississippi Code of 1972, is amended as follows:
9-27-7. (1) The Administrative
Office of Courts is the repository for reports filed by * * * programs established under this
chapter. The goal of the * * * pilot programs is to support effective and proven practices
that reduce recidivism and provide treatment for participants.
(2) * * * Programs must adhere to the standards
established in this chapter.
(a) These standards shall include, but are not limited to:
(i) The use of evidence-based practices including, but not limited to, the use of a valid and reliable risk and needs assessment tool to identify participants and deliver appropriate treatments;
(ii) Targeting medium- to high-risk offenders for participation;
(iii) The use of current, evidence-based interventions proven to provide mental health treatment;
(iv) Coordinated
strategy between all mental health diversion * * * program personnel;
(v) Ongoing judicial interaction with each participant; and
(vi) Monitoring
and evaluation of mental health diversion * * * program implementation and outcomes
through data collection and reporting.
(b) * * * Programs must implement a data
collection plan, which shall include collecting the following data:
(i) Total number of participants;
(ii) Total number of successful participants;
(iii) Total number of unsuccessful participants and the reason why each participant did not complete the program;
(iv) Total number of participants who were arrested for a new criminal offense while in the program;
(v) Total number of participants who were convicted of a new felony or misdemeanor offense while in the program;
(vi) Total number of participants who committed at least one (1) violation while in the program and the resulting sanction(s);
(vii) Results of the initial risk and needs assessment or other clinical assessment conducted on each participant; and
(viii) Any other data or information as required by the Administrative Office of Courts.
(3) All mental health
diversion * * *
programs must measure successful completion of the program based on those
participants who complete the program without a new criminal conviction.
(4) (a) * * * Programs must collect and submit to
the Administrative Office of Courts each month, the following data:
(i) Total number of participants at the beginning of the month;
(ii) Total number of participants at the end of the month;
(iii) Total number of participants who began the program in the month;
(iv) Total number of participants who successfully completed the program in the month;
(v) Total number of participants who left the program in the month;
(vi) Total number of participants who were arrested for a new criminal offense while in the program in the month;
(vii) Total number of participants who were convicted for a new criminal arrest while in the program in the month; and
(viii) Total number of participants who committed at least one (1) violation while in the program and any resulting sanction(s).
(b) By August 1, 2018, and each year thereafter, the Administrative Office of Courts shall report to the PEER Committee the information in subsection (4)(a) of this section in a sortable, electronic format.
(5) Mental health diversion * * * programs may individually establish
rules and may make special orders and rules as necessary that do not conflict
with rules promulgated by the Supreme Court or the Administrative Office of
Courts.
(6) A mental health
diversion * * *
program may appoint the full or part-time employees it deems necessary for the
work of the mental health diversion * * * program and shall fix the compensation
of those employees, who shall serve at the will and pleasure of the senior
circuit court judge.
(7) A mental health
diversion * * *
program established under this chapter is subject to the regulatory powers of
the Administrative Office of Courts as set forth in Section 9-27-13.
SECTION 12. Section 9-27-9, Mississippi Code of 1972, is amended as follows:
9-27-9. (1) A mental
health diversion * * * program's mental health intervention component shall provide
for eligible individuals, either directly or through referrals, a range of
necessary court treatment services, including, but not limited to, the
following:
(a) Screening using a valid and reliable assessment tool effective for identifying persons affected by mental health issues for eligibility and 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 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 13. Section 9-27-11, Mississippi Code of 1972, is amended as follows:
9-27-11. (1) In order to
be eligible for alternative sentencing through a local mental health diversion * * * program, the participant must satisfy
each of the following criteria:
(a) The participant cannot have any felony convictions for any offenses that are crimes of violence as defined in Section 97-3-2, other than burglary under Section 97-17-23(1), within the previous ten (10) years.
(b) The crime before the court cannot be a crime of violence as defined in Section 97-3-2, other than burglary under Section 97-17-23(1).
(c) Other criminal proceedings alleging commission of a crime of violence other than burglary under Section 97-17-23(1) cannot be pending against the participant.
(d) The crime before the court cannot be a charge of driving under the influence of alcohol or any other substance that resulted in the death of a person. In addition, persons who are ineligible for nonadjudication under Section 63-11-30 shall be ineligible to participate in a mental health diversion program.
(e) The crime charged cannot be one of trafficking in controlled substances under Section 41-29-139(f), nor can the participant have a prior conviction for same.
(2) Participation in the services of a mental health treatment 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 mental health diversion program. 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 mental health diversion program, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the program. A participant is liable for the costs of all chemical tests required under this section, regardless of whether the costs are paid to the mental health diversion program or the laboratory; however, if testing is available from other sources or the program itself, the judge may waive any fees for testing. If the applicant is indigent, fees for testing shall be waived.
(b) A laboratory that performs a chemical test under this section shall report the results of the test to the mental health diversion program.
(4) A person does not have a right to participate in a mental health diversion program under this chapter. 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 the mental health diversion program under this chapter. However, any person meeting the eligibility criteria of subsection (1) of this section, upon request, must be screened for admission to the program.
SECTION 14. Section 9-27-15, Mississippi Code of 1972, is amended as follows:
9-27-15. (1) All monies
received from any source by a mental health diversion * * * program shall be accumulated in a local
fund to be used only for mental health diversion * * * program purposes. Any funds remaining
in a local fund at the end of a fiscal year shall not lapse into any general
fund, but shall be retained in the mental health diversion * * * program fund for the funding of further
activities by the mental health diversion * * * program. Any funds remaining in a local
fund at the time of repeal of this chapter shall lapse into the appropriate
county's general fund.
(2) A mental health
diversion * * *
program may apply for and receive the following:
(a) Gifts, bequests and donations from private sources.
(b) Grant and contract monies from governmental sources.
(c) Other forms of
financial assistance approved by the court to supplement the budget of the
mental health diversion * * * pilot program.
(3) The costs of
participation in a mental health treatment program required by the mental
health diversion * * * program 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.
(4) The court may assess
reasonable and appropriate fees to be paid to the local mental health diversion * * * program fund for participation in a
mental health treatment program. If the applicant is indigent, fees shall
be waived.
SECTION 15. Section 9-27-17, Mississippi Code of 1972, is amended as follows:
9-27-17. The director and
members of the professional and administrative staff of the mental health
diversion * * *
program who perform duties in good faith under this chapter are immune from
civil liability for:
(a) Acts or omissions in providing services under this chapter; and
(b) The reasonable
exercise of discretion in determining eligibility to participate in the mental
health diversion * * * program.
SECTION 16. Section 9-27-19, Mississippi Code of 1972, is amended as follows:
9-27-19. If the participant
completes all requirements imposed upon him by the mental health diversion * * * program, * * *
the charge and prosecution shall be dismissed. If the defendant or participant
was sentenced at the time of entry of a plea of guilty, the successful
completion of the mental health diversion * * * program order and other requirements of
probation or suspension of sentence will result in the record of the criminal
conviction or adjudication being expunged.
SECTION 17. The following shall be codified as Section 9-23-25, Mississippi Code of 1972:
9-23-25. An attorney appointed to represent a person in a problem-solving court must complete annual training that is approved by the State Problem-Solving Courts Advisory Committee, the Office of State Public Defender, and the Mississippi Commission on Continuing Legal Education. The Committee and State Defender shall determine the amount of training and continuing education required to fulfill the requirements of this subsection, maintain a roll of attorneys who have complied with the training requirements, and otherwise enforce the provisions of this section.
SECTION 18. Section 9-27-13, Mississippi Code of 1972, which sets forth the authority of the Administrative Office of Courts with regard to mental health diversion pilot programs, is repealed.
SECTION 19. Section 9-27-21, Mississippi Code of 1972, which sets forth the circuit court districts eligible to establish mental health diversion pilot programs, is repealed.
SECTION 20. This act shall take effect and be in force from and after July 1, 2019.
