Bill Text: MS HB1351 | 2015 | Regular Session | Introduced
Bill Title: Mississippi Juvenile Detention Facilities Licensing Act; create.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-02-03 - Died In Committee [HB1351 Detail]
Download: Mississippi-2015-HB1351-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary B; Corrections
By: Representative Campbell
House Bill 1351
AN ACT TO CREATE THE MISSISSIPPI JUVENILE DETENTION FACILITIES LICENSING ACT; TO PROVIDE CERTAIN DEFINITIONS; TO CREATE AN ADVISORY COUNCIL WHOSE PURPOSE IS TO ASSIST THE JUVENILE FACILITIES MONITORING UNIT OF THE DEPARTMENT OF PUBLIC SAFETY, WHICH IS THE LICENSING AGENCY FOR JUVENILE DETENTION FACILITIES UNDER THIS ACT; TO PRESCRIBE CERTAIN DUTIES OF THE JUVENILE FACILITIES MONITORING UNIT IN ITS ROLE AS A LICENSING AGENCY; TO REQUIRE THE DEPARTMENT OF EDUCATION TO PROMULGATE CERTAIN RULES AS THEY PERTAIN TO THE EDUCATION OF CHILDREN HOUSED IN JUVENILE DETENTION FACILITIES; TO PROVIDE THAT JUVENILE DETENTION FACILITIES MUST HAVE A LICENSE TO OPERATE AS OF OCTOBER 2016; TO REQUIRE THE LICENSING AGENCY TO MAKE CERTAIN INSPECTIONS; TO PROVIDE A CERTAIN HEARING AND APPEALS PROCESS IF A JUVENILE DETENTION FACILITY'S LICENSE IS SUSPENDED, REVOKED OR RESTRICTED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be cited as the "Mississippi Juvenile Detention Facilities Licensing Act."
SECTION 2. The purpose of this act is to protect and promote the health and safety of the children who are detained in juvenile detention centers in this state by providing for the licensing of juvenile detention facilities as defined herein so as to assure that certain minimum standards are maintained in such facilities.
SECTION 3. As used in this act, the following words shall have the following meanings:
(a) "Facility administrator" means the principal official of the facility.
(b) "Facility staff" means all employees of the facility who are under the supervision of the facility administrator.
(c) "Juvenile detention facility" and "facility" are synonymous and each means a secure facility that houses children who are charged with a delinquent act as defined in Section 43-21-105(j).
(d) "Licensing agency" means the Juvenile Facilities Monitoring Unit of the Department of Public Safety.
SECTION 4. (1) There is created an advisory council which shall consist of seven (7) persons who shall be designated annually as follows:
(a) One (1) youth court judge from the Mississippi Council of Youth Court Judges;
(b) One (1) representative from the state protection and advocacy system, Disability Rights Mississippi, appointed by the executive director of the organization;
(c) The statewide coordinator of the Annie E. Casey Foundation Juvenile Detention Alternatives Initiative, or his designee;
(d) One (1) representative appointed by the Chairman of the House Youth and Family Affairs Committee;
(e) One (1) representative from the Office of the State Public Defender, appointed by the State Public Defender;
(f) One (1) representative from the Mississippi Sheriffs' Association, appointed by the president of the association; and
(g) One (1) representative from the Mississippi Juvenile Detention Directors Association, appointed by the president of the association.
(2) It shall be the duty of the advisory council to assist and advise the licensing agency in the development of regulations governing the licensure and regulation of juvenile detention facilities and to advise the licensing agency on matters relative to the administration and interpretation of the provisions of this act.
(3) The advisory council shall also hear appeals as authorized under Section 9 of this act.
SECTION 5. (1) The licensing agency shall have the powers and duties as set forth in this section, in addition to the other duties prescribed by law:
(a) To adopt the licensing standards as set forth by the Juvenile Detention and Alternatives Taskforce's 2014 report;
(b) To promulgate future rules and regulations concerning the licensing and regulation of juvenile detention facilities as defined under Section 1 of this act;
(c) To issue, deny, suspend, revoke, restrict, or otherwise take disciplinary action against juvenile detention facilities as provided for in this act;
(d) To provide the training required by the rules and regulations promulgated by the licensing agency to all facility administrators and facility staff; and
(e) To have such other powers as may be required to carry out the provisions of this act.
(2) The licensing agency shall require to be performed a criminal records background check and a child abuse registry check for all facility administrators and facility staff of a juvenile detention facility. The Department of Human Services shall have the authority to disclose to the licensing agency any potential applicant whose name is listed on the Child Abuse Central Registry or has a pending administrative review. That information shall remain confidential.
(3) The licensing agency shall have the authority to exclude a particular crime or crimes or a substantiated finding of child abuse and/or neglect as disqualifying individuals or entities for prospective or current employment.
(4) Information in the possession of the licensing agency concerning the license of a juvenile detention facility may be disclosed to the public, except such information shall not be disclosed in a manner that would identify children detained in the juvenile detention facility. Nothing in this section shall affect the agency's authority to release findings of investigations into allegations of abuse pursuant to either Section 43-21-353(8) or Section 43-21-257.
(5) The Mississippi Department of Education shall be responsible for promulgating rules and regulations related to the education of all children housed in a juvenile detention facility. The Mississippi Department of Education shall conduct inspections of the facility's educational services at least annually, and more often as deemed necessary. After each inspection, the department shall provide the licensing agency with its determination of the facility's compliance with the education provisions. The licensing agency shall use such information in its determination of the facility's eligibility for licensure.
SECTION 6.
Beginning October 1, 2015, the licensing agency shall conduct mock reviews of
all juvenile detention facilities and determine what, if any, issues exist
which may prevent licensure pursuant to the adopted rules and regulations.
From and after October 1, 2016, no county or state entity shall establish, own,
operate, and maintain a juvenile detention facility without a license issued
under this act.
SECTION 7. A license issued under this
act shall be renewed every two (2) years based on the current rules and
regulations promulgated by the licensing agency.
SECTION 8. The licensing agency shall make inspections to determine ongoing compliance with the laws and regulations governing the licensure of juvenile detention facilities. Such inspections shall be made at least twice a year, but additional inspections may be made as often as deemed necessary by the licensing agency. The licensing agency shall not be required to provide any notice to the juvenile detention facility before making an inspection.
SECTION 9. (1) The licensing agency may deny or refuse to renew a license for any of the reasons set forth in subsection (3) of this section.
(2) Before the licensing agency may deny or refuse to renew a license, the county or contractor operating the juvenile detention facility shall be entitled to a hearing before the director of the licensing agency and the advisory council in order to show cause why the license should not be denied or should be renewed.
(3) The licensing agency may suspend, revoke, or restrict the license of any child care facility upon one or more of the following grounds:
(a) Fraud, misrepresentation or concealment of material facts;
(b) Violation of any of the provisions of this act or any of the regulations governing the licensing and regulation of juvenile detention facilities promulgated by the licensing agency;
(c) Any conduct, or failure to act that is found or determined by the licensing agency to threaten the health and safety of children at the facility;
(d) Failure of a juvenile detention facility to conduct background checks as required under Section 5 of this act;
(e) Information that is received by the licensing agency as a result of the criminal records background check and the child abuse registry check on all facility administrators and facility staff under Section 5 of this act.
(4) The licensing agency shall develop rules and regulations related to the development and implementation of corrective action plans to address violations at facilities prior to a revocation, suspension, or restriction of the facility's license.
(5) Before the licensing agency may suspend, revoke or restrict the license of any facility, the county or contractor affected by that decision of the licensing agency shall be entitled to a hearing before the director of the licensing agency and the advisory council in which it may show cause why the license should not be suspended, revoked, or restricted.
(6) Any juvenile detention facility who disagrees with or is aggrieved by the licensing agency in regard to the denial, refusal to renew, suspension, revocation, or restriction of the license for the juvenile detention facility may appeal to the chancery court of the county in which the facility is located. The appeal shall be filed no later than thirty (30) days after the licensee receives written notice of the final administrative action by the licensing agency.
SECTION 10. This act shall take effect and be in force from and after July 1, 2015.
