Bill Text: MS SB2568 | 2015 | Regular Session | Introduced
Bill Title: Juvenile delinquency risk assessment for youth court referrals from school officials; require prior to detention.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-02-03 - Died In Committee [SB2568 Detail]
Download: Mississippi-2015-SB2568-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary, Division A; Appropriations
By: Senator(s) Burton
Senate Bill 2568
AN ACT TO AMEND SECTIONS 43-21-309 AND 37-13-92, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PRIOR TO DISPOSING A YOUTH FOR A DELINQUENT OFFENSE THE COURT SHALL BE PROVIDED THE RESULTS OF A VALIDATED JUVENILE DELINQUENCY RISK ASSESSMENT IN ORDER TO DETERMINE THE RISK OF THE YOUTH TO REOFFEND; TO PROVIDE THAT ANY COMPULSORY-SCHOOL-AGE CHILD THAT HAS BEEN REFERRED TO YOUTH COURT BY A SCHOOL OFFICIAL SHALL BE SUBJECT TO A JUVENILE DELINQUENCY RISK ASSESSMENT COMPLETED BY THE INTAKE UNIT PRIOR TO DETENTION; TO AUTHORIZE AND DIRECT THE ADMINISTRATIVE OFFICE OF COURTS TO DEVELOP THE FORM AND SCALE FOR THE STATEWIDE MANDATORY JUVENILE DELINQUENCY RISK ASSESSMENT TO BE USED BY THE YOUTH COURT; TO PROVIDE THAT ANY COMPULSORY-SCHOOL-AGE CHILD THAT INDICATES A LOW RISK ON THE DELINQUENCY RISK ASSESSMENT SHALL BE REFERRED TO THE SCHOOL DISTRICT ALTERNATIVE SCHOOL PROGRAM AND NOT TAKEN INTO THE CUSTODY OF A DETENTION CENTER; TO ESTABLISH THE JUVENILE DELINQUENCY AND RISK ASSESSMENT FUND; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-21-309, Mississippi Code of 1972, is amended as follows:
43-21-309. (1) A child who has been ordered or taken into custody may be held in custody for longer than temporary custody if:
(a) A written complaint or petition has been filed; and
(b) A court order has been entered for continued custody following a review of that custody at a detention hearing in delinquency and child in need of supervision cases and at a shelter hearing in abuse and neglect cases.
(2) Reasonable oral or written notice of the time, place and purpose of the hearing shall be given to the child; to his or her parent, guardian or custodian; to his or her guardian ad litem, if any; and to his or her counsel. If the parent, guardian or custodian cannot be found, the youth court may hold the hearing in the absence of the child's parent, guardian or custodian.
(3) At the detention or shelter hearing, all parties present shall have the right to present evidence and cross-examine witnesses produced by others. The youth court may, in its discretion, limit the extent but not the right or presentation of evidence and cross-examination of witnesses. The youth court may receive any testimony and other evidence relevant to the necessity for the continued custody of the child without regard to the formal rules of evidence, including hearsay and opinion evidence. All testimony shall be made under oath and may be in narrative form.
(4) (a) At the conclusion of the detention or shelter hearing, the youth court shall order that the child be released to the custody of the child's parent, guardian or custodian unless the youth court finds and the detention or shelter hearing order recites that:
(i) There is probable cause that the youth court has jurisdiction; and
(ii) Custody is necessary as defined in Section 43-21-301(3)(b).
(b) In the case of a shelter hearing, the shelter hearing order shall further recite that the effect of the continuation of the child's residing within his or her own home would be contrary to the welfare of the child, that the placement of the child in foster care is in the best interest of the child, and, unless the reasonable efforts requirement is bypassed under Section 43-21-603(7)(c), the order also must state:
(i) Reasonable efforts have been made to maintain the child within his own home, but that the circumstances warrant his removal and there is no reasonable alternative to custody; or (ii) The circumstances are of such an emergency nature that no reasonable efforts have been made to maintain the child within his own home, and there is no reasonable alternative to custody.
(c) In the event that the court makes a finding in accordance with subparagraph (ii), the court shall order that reasonable efforts be made towards the reunification of the child with his or her family.
(5) The child with advice of counsel may waive in writing the time of the detention hearing or the detention hearing itself. The child's guardian ad litem, and parent, guardian or custodian, and child may waive in writing the time of the shelter hearing or the shelter hearing itself. If the child has not reached his tenth birthday, the child's consent shall not be required.
(6) Any order placing a child into custody shall comply with the requirements provided in Section 43-21-301.
(7) Effective July 1, 2015, prior to disposing a youth for a delinquent offense, the court shall be provided the results of a validated juvenile delinquency risk assessment in order to determine the risks of the youth to reoffend. If the court has not been provided with the risk assessment prior to disposition, the hearing may be continued for no longer than seventy-two (72) hours in order to complete the assessment. Any compulsory-school-age child who has been referred to the youth court by a public or nonpublic school official for detention shall be required to complete a juvenile delinquency risk assessment administered by the intake unit prior to the detention and shelter hearing to determine whether the child shall be referred to the alternative school program or referred to the juvenile detention facility. The intake unit may contract with the local community mental health and intellectual disability center to administer the juvenile delinquency risk assessment for juveniles residing in the region served by that facility, and the Legislature may appropriate funds to defray the cost of the administration of the risk assessment. The Administrative Office of Courts shall develop and promulgate a statewide mandatory Juvenile Delinquency Risk Assessment for the use of all youth courts in the state. The assessment shall be completed using the best available information and a point scale shall be used to determine the initial level of risk to the child and to others. Criteria for the Juvenile Delinquency Risk Assessment shall include the following:
(a) Age at first referral to youth court intake, including only referrals to youth court intake for a delinquent act;
(b) Prior referrals to youth court intake;
(c) Prior assaults with or without a weapon. "Assaults" are defined as any assaultive behavior, whether physical or sexual, and any weapon or weapon possession offense by confirmed report. "Prior" excludes the current intake offense;
(d) Prior out-of-home placements. Including only court-ordered out-of-home placements and not including change of foster family;
(e) Prior runaways from home or placement. "Runaways" are defined as absconding from home or any placement and not voluntarily returning within twenty-four (24) hours;
(f) School behavior problems. "Minor" school behavior problems are defined as occasional problems with attendance, work effort or disciplinary problems which are handled at the home or school level. "Serious" school behavior problems are defined as recurrent habitual truancy and/or severe behavior problems which may have resulted in suspension or expulsion. "Habitual truant" is defined as an unexcused absence for five (5) or more days on which school is held during a school semester;
(g) History or physical or sexual abuse, or of neglect, as a victim, as suspected by professionals listed in Section 43-21-353;
(h) History of alcohol or other drug abuse;
(i) History of serious emotional problem, including severely emotionally disturbed individuals as diagnosed by the local community mental health intellectual disability center; and
(j) Peer relationships, including negative peer relationships where companions are involved in delinquent behavior such as gang membership.
The juvenile delinquency risk assessment scale (JRAS) shall indicate "low risk," "moderate risk" and "high risk" and only children assessed as high risk shall be referred to the youth court for detention. Children assessed as low or moderate risk shall be referred to the alternative school program of the local school district. The Administrative Office of Courts shall have the right to inspect any youth court records in order to determine that only children assessed as a high risk under the juvenile delinquency risk assessment scale (JRAS) have been taken into the custody of a juvenile detention center. The Administrative Office of Courts shall prepare a report to the 2016 Regular Session of the Legislature relating to the promulgation of the Uniform Juvenile Delinquency Risk Assessment program and the administration of the assessment by the various community mental health and intellectual disability centers, with recommendations for any necessary legislation.
(8) There is hereby established in the State Treasury the Juvenile Delinquency Risk Assessment Fund. All monies credited to the juvenile delinquency risk assessment fund shall be used for: (a) the implementation of and training for use of a statewide, mandatory, standardized risk assessment tool or instrument as specified by the Administrative Office of Courts, which may be expended by community mental health and intellectual disability centers for this purpose, pursuant to subsection (7); (b) the implementation of and training for use of a statewide, mandatory, standardized risk assessment tool or instrument for juveniles adjudicated to be juvenile offenders, and (c) evidence-based juvenile offender supervision programs by judicial branch personnel. All expenditures from the Juvenile Delinquency Risk Assessment Fund shall be made in accordance with appropriation by the Legislature and upon warrants issued by the State Fiscal Officer.
SECTION 2. Section 37-13-92, Mississippi Code of 1972, is amended as follows:
37-13-92. (1) Beginning with the school year 2004-2005, the school boards of all school districts shall establish, maintain and operate, in connection with the regular programs of the school district, an alternative school program or behavior modification program as defined by the State Board of Education for, but not limited to, the following categories of compulsory-school-age students:
(a) Any compulsory-school-age child who has been suspended for more than ten (10) days or expelled from school, except for any student expelled for possession of a weapon or other felonious conduct;
(b) Any compulsory-school-age child referred to such alternative school based upon a documented need for placement in the alternative school program by the parent, legal guardian or custodian of such child due to disciplinary problems;
(c) Any compulsory-school-age child referred to such alternative school program by the dispositive order of a chancellor or youth court judge, with the consent of the superintendent of the child's school district, including any child who has been assessed as a low or moderate risk by the juvenile delinquency risk assessment administered by the youth court intake unity pursuant to Section 43-21-309(7);
(d) Any compulsory-school-age child whose presence in the classroom, in the determination of the school superintendent or principal, is a disruption to the educational environment of the school or a detriment to the interest and welfare of the students and teachers of such class as a whole; and
(e) No school district is required to place a child returning from out-of-home placement in the mental health, juvenile justice or foster care system in alternative school. Placement of a child in the alternative school shall be done consistently, and for students identified under the Individuals with Disabilities Education Act (IDEA), shall adhere to the requirements of the Individuals with Disabilities Education Improvement Act of 2004. If a school district chooses to place a child in alternative school the district will make an individual assessment and evaluation of that child in the following time periods:
(i) Five (5) days for a child transitioning from a group home, mental health care system, and/or the custody of the Department of Human Services, Division of Youth and Family Services;
(ii) Ten (10) days for a child transitioning from a dispositional placement order by a youth court pursuant to Section 43-21-605; and
(iii) An individualized assessment for youth transitioning from out-of-home placement to the alternative school shall include:
1. A strength needs assessment.
2. A determination of the child's academic strengths and deficiencies.
3. A proposed plan for transitioning the child to a regular education placement at the earliest possible date.
(2) The principal or program administrator of any such alternative school program shall require verification from the appropriate guidance counselor of any such child referred to the alternative school program regarding the suitability of such child for attendance at the alternative school program. Before a student may be removed to an alternative school education program, the superintendent of the student's school district must determine that the written and distributed disciplinary policy of the local district is being followed. The policy shall include standards for:
(a) The removal of a student to an alternative education program that will include a process of educational review to develop the student's individual instruction plan and the evaluation at regular intervals of the student's educational progress; the process shall include classroom teachers and/or other appropriate professional personnel, as defined in the district policy, to ensure a continuing educational program for the removed student;
(b) The duration of alternative placement; and
(c) The notification of parents or guardians, and their appropriate inclusion in the removal and evaluation process, as defined in the district policy. Nothing in this paragraph should be defined in a manner to circumvent the principal's or the superintendent's authority to remove a student to alternative education.
(3) The local school board or the superintendent shall provide for the continuing education of a student who has been removed to an alternative school program.
(4) A school district, in its discretion, may provide a program of High School Equivalency Diploma preparatory instruction in the alternative school program. However, any High School Equivalency Diploma preparation program offered in an alternative school program must be administered in compliance with the rules and regulations established for such programs under Sections 37-35-1 through 37-35-11 and by the Mississippi Community College Board. The school district may administer the High School Equivalency Diploma Testing Program under the policies and guidelines of the Testing Service of the American Council on Education in the alternative school program or may authorize the test to be administered through the community/junior college district in which the alternative school is situated.
(5) Any such alternative school program operated under the authority of this section shall meet all appropriate accreditation requirements of the State Department of Education.
(6) The alternative school program may be held within such school district or may be operated by two (2) or more adjacent school districts, pursuant to a contract approved by the State Board of Education. When two (2) or more school districts contract to operate an alternative school program, the school board of a district designated to be the lead district shall serve as the governing board of the alternative school program. Transportation for students attending the alternative school program shall be the responsibility of the local school district. The expense of establishing, maintaining and operating such alternative school program may be paid from funds contributed or otherwise made available to the school district for such purpose or from local district maintenance funds.
(7) The State Board of Education shall promulgate minimum guidelines for alternative school programs. The guidelines shall require, at a minimum, the formulation of an individual instruction plan for each student referred to the alternative school program and, upon a determination that it is in a student's best interest for that student to receive High School Equivalency Diploma preparatory instruction, that the local school board assign the student to a High School Equivalency Diploma preparatory program established under subsection (4) of this section. The minimum guidelines for alternative school programs shall also require the following components:
(a) Clear guidelines and procedures for placement of students into alternative education programs which at a minimum shall prescribe due process procedures for disciplinary and High School Equivalency Diploma placement;
(b) Clear and consistent goals for students and parents;
(c) Curricula addressing cultural and learning style differences;
(d) Direct supervision of all activities on a closed campus;
(e) Attendance requirements that allow for educational and workforce development opportunities;
(f) Selection of program from options provided by the local school district, Division of Youth Services or the youth court, including transfer to a community-based alternative school;
(g) Continual monitoring and evaluation and formalized passage from one (1) step or program to another;
(h) A motivated and culturally diverse staff;
(i) Counseling for parents and students;
(j) Administrative and community support for the program; and
(k) Clear procedures for annual alternative school program review and evaluation.
(8) On request of a school district, the State Department of Education shall provide the district informational material on developing an alternative school program that takes into consideration size, wealth and existing facilities in determining a program best suited to a district.
(9) Any compulsory-school-age child who becomes involved in any criminal or violent behavior shall be removed from such alternative school program and, if probable cause exists, a case shall be referred to the youth court. Effective July 1, 2015, any such compulsory-school-age child referred to the youth court shall be administered a Juvenile Delinquency Risk Assessment promulgated by the Administrative Office of Courts and administered by the community mental health and intellectual disability centers as required under Section 43-21-309((7).
(10) The State Board of Education shall promulgate guidelines for alternative school programs which provide broad authority to school boards of local school districts to establish alternative education programs to meet the specific needs of the school district.
(11) Each school district having an alternative school program shall submit a report by July 31 of each calendar year to the State Department of Education describing the results of its annual alternative school program review and evaluation undertaken pursuant to subsection (7)(k). The report shall include a detailed account of any actions taken by the school district during the previous year to comply with substantive guidelines promulgated by the State Board of Education under subsection (7)(a) through (j). In the report to be implemented under this section, the State Department of Education shall prescribe the appropriate measures on school districts that fail to file the annual report. The report should be made available online via the department's website to ensure transparency, accountability and efficiency.
SECTION 3. This act shall take effect and be in force from and after July 1, 2015.
