MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Appropriations D; Appropriations A
By: Representatives Mims, Read, Barton, Cockerham, Faulkner, Hood, McKnight, Rushing, Watson
AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE OFFICE OF STATE PUBLIC DEFENDER OF THE STATE OF MISSISSIPPI FOR THE FISCAL YEAR 2025.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following sum, or so much thereof as may be necessary, is appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Office of State Public Defender of the State of Mississippi for the fiscal year beginning July 1, 2024, and ending June 30, 2025.... $ 4,554,947.00.
SECTION 2. The following sum, or so much thereof as may be necessary, is appropriated out of any money in any special fund in the State Treasury to the credit of the Office of State Public Defender which is comprised of special source funds collected by or otherwise available to the office, to defray the expenses of the office for the fiscal year beginning July 1, 2024, and ending June 30, 2025 $ 60,000.00.
SECTION 3. Of the funds appropriated under the provisions of Section 1, the following positions are authorized:
AUTHORIZED HEADCOUNT:
Permanent: 25
Time-Limited: 0
Any transfers or escalations shall be made in accordance with the terms, conditions, and procedures established by law.
No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.
SECTION 4. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:
FY2025
Performance Measures Target
Capital Defense
Percent of Trial Cases Opened Less Than
One Year 75.00
Percent Change in Running Average of
Reversals Due to Ineffective Assistance
of Counsel 0.10
Average of Reversals Due to Ineffective
Assistance of Counsel 8
A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2026.
SECTION 5. Of the funds provided in Section 1 of this act, Four Hundred Forty-six Thousand Five Hundred Twenty-one Dollars ($446,521.00), or so much thereof as may be necessary, is provided for three (3) full-time assistant public defenders pursuant to House Bill 1020, 2023 Regular Session, and engrossed in Section 25-32-4, Mississippi Code of 1972.
SECTION 6. It is the intention of the Legislature that the Office of State Public Defender shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2024. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2026 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2025 budget request process.
SECTION 7. It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference. A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.
SECTION 8. It is the intention of the Legislature that the funds herein appropriated shall be expended in compliance with Section 27-104-25, Mississippi Code of 1972, that no state agency shall incur obligations or indebtedness in excess of their appropriation and that the responsible officers, either personally or upon their official bonds, shall be held responsible for actions contrary to this provision.
SECTION 9. Of the funds provided in Section 1, Two Hundred Seventy-eight Thousand Five Hundred Dollars ($278,500.00) shall be provided for the Indigent Parental Representation for the purpose of contracting with trained and certified attorneys to represent indigent parents or guardians in abuse, neglect or termination of parental rights proceedings as provided under Sections 43-21-201 and 99-18-13, Mississippi Code of 1972.
SECTION 10. Of the funds provided in Section 1, Two Hundred Thirty-five Thousand Nine Hundred Twenty-six Dollars ($235,926.00) is provided for the establishment of a Youth Defender Program for the purpose of hiring an experienced Youth Defender and legal assistant to support training and technical services and provide appellate representation as provided under Section 43-21-201, Mississippi Code of 1972.
SECTION 11. Of the funds appropriated under the provisions of Section 2, Sixty Thousand Dollars ($60,000.00), or so much thereof as may be necessary, shall be derived out of any money in the State Treasury to the credit of the Capital Expense Fund, as created in Section 27-103-303, Mississippi Code of 1972, and allocated in a manner as determined by the Treasurer's Office. These funds are provided for the support of the Hinds County Public Defender's Office.
SECTION 12. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law.
SECTION 13. This act shall take effect and be in force from and after July 1, 2024.