Bill Text: MS SB2714 | 2019 | Regular Session | Introduced
Bill Title: Intervention courts; create.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-02-05 - Died In Committee [SB2714 Detail]
Download: Mississippi-2019-SB2714-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Judiciary, Division A
By: Senator(s) Barnett
Senate Bill 2714
AN ACT TO AMEND SECTIONS 9-23-1, 9-23-3, 9-23-5, 9-23-7, 9-23-9, 9-23-11, 9-23-13, 9-23-15, 9-23-17, 9-23-19, 9-23-21 AND 9-23-23, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE ELIGIBILITY OF DRUG COURTS, TO CHANGE THE REFERENCE OF DRUG COURTS TO "INTERVENTION COURTS"; TO INCLUDE MENTAL HEALTH COURTS, VETERANS COURTS AND OTHER INTERVENTION COURTS UNDER THE AUTHORITY OF THE INTERVENTION COURTS ADVISORY COMMITTEE; TO REVISE THE MEMBERSHIP OF THE INTERVENTION COURTS ADVISORY COMMITTEE; TO AMEND SECTION 9-25-1, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR VETERANS COURTS, TO CONFORM TO THE PRECEDING SECTION; 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, WHICH PROVIDE FOR THE RIVERS MCGRAW MENTAL HEALTH PROGRAM, TO CONFORM TO THE PRECEDING SECTIONS BY REMOVING THE WORD "PILOT" THROUGHOUT; TO REPEAL SECTIONS 9-27-13 AND 9-27-21, MISSISSIPPI CODE OF 1972, WHICH REGULATE PILOT PROGRAMS FOR MENTAL HEALTH DIVERSION COURTS; TO BRING FORWARD SECTION 9-27-5, MISSISSIPPI CODE OF 1972, WHICH PROVIDES DEFINITIONS FOR MENTAL HEALTH COURTS, FOR PURPOSES OF AMENDMENT; TO AMEND SECTION 25-3-35, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTIONS 43-21-357, 63-11-31.1, 99-3-45 AND 99-19-73, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-23-1, Mississippi Code of 1972, is amended as follows:
9-23-1. This chapter
shall be known and may be cited as the "Alyce Griffin Clarke * * * Intervention Court Act."
SECTION 2. 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 * * * intervention court alternative
orders adaptable to chancery, circuit, county, youth, municipal and justice
courts.
(2) The goals of the * * * intervention courts under this
chapter 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;
(e) To promote effective interaction and use of resources among criminal and juvenile justice personnel, child protective services personnel and community agencies; and
(f) To use corrections
resources more effectively by redirecting prison-bound offenders whose criminal
conduct is driven in part by drug and alcohol dependence to intensive
supervision and clinical treatment available in the * * * intervention court.
SECTION 3. Section 9-23-5, Mississippi Code of 1972, is amended as follows:
9-23-5. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:
(a) "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.
(b) "Crime of violence" means an offense listed in Section 97-3-2.
(c) " * * *Intervention 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 * * *
intervention courts published by the * * * Intervention Court Program Office
of the United States Department of Justice.
(d) "Evidence-based practices" means supervision policies, procedures and practices that scientific research demonstrates reduce recidivism.
(e) "Risk and needs assessment" means the use of an actuarial assessment tool validated on a Mississippi corrections population to determine a person's risk to reoffend and the characteristics that, if addressed, reduce the risk to reoffend.
SECTION 4. 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 * * *
intervention courts according to standards promulgated by the State * * * Intervention Courts Advisory
Committee.
SECTION 5. Section 9-23-9, Mississippi Code of 1972, is amended as follows:
9-23-9. (1)
The State * * *
Intervention Courts Advisory Committee is established to develop and
periodically update proposed statewide evaluation plans and models for
monitoring all critical aspects of * * * intervention courts,
mental health courts, veterans courts and other intervention courts that may be
created hereafter. The committee must provide the proposed evaluation plans
to the Chief Justice and the Administrative Office of Courts, the Governor,
Lieutenant Governor and Speaker of the House of Representatives. 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: Chief Justice of the Supreme Court, Commissioner of
Corrections, Attorney General, Commissioner of Department of Public Safety,
State Public Defender, Director of the Department of Human Services, Director
of the Department of Mental Health, Director of the Veterans Affairs Board and
the State Auditor. One (1) additional member shall be a person in recovery or
remission from addiction or mental illness appointed by the Governor.
(2) The State * * * Intervention 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 * * * intervention
court policies and procedures including the * * * intervention court certification
process. The committee may make suggestions as to the criteria for
eligibility, and other procedural and substantive guidelines for * * * intervention court operation.
(3) The State * * * Intervention Courts Advisory
Committee shall act as arbiter of disputes arising out of the operation of * * * intervention courts established
under this chapter and make recommendations to improve the * * * intervention courts; it shall also make
recommendations to the Supreme Court necessary and incident to compliance with
established rules.
(4) The State * * * Intervention Courts Advisory
Committee shall establish through rules and regulations a viable and fiscally
responsible plan to expand the number of adult and juvenile * * * intervention 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 * * * Intervention Courts Advisory
Committee shall receive and review the monthly reports submitted to the
Administrative Office of Courts by each certified * * * intervention court and provide
comments and make recommendations, as necessary, to the Chief Justice and the
Director of the Administrative Office of Courts.
SECTION 6. 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 * * * intervention 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 * * * intervention 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 * * * intervention court meets minimum
standards for * * *
intervention 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 * * * intervention court program
personnel involving the use of graduated clinical interventions;
(vi) Ongoing judicial interaction with each participant; and
(vii) Monitoring and evaluation of * * * intervention court program
implementation and outcomes through data collection and reporting.
(b) * * * Intervention court certification
applications shall include:
(i) A description of the need for the * * * intervention court;
(ii) The targeted population for the * * * intervention court;
(iii) The eligibility criteria for * * * intervention 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 * * * intervention 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 * * * intervention court program;
5. Total number of participants who were convicted
of a new felony or misdemeanor offense while in the * * * intervention court program;
6. Total number of participants who committed
at least one (1) violation while in the * * * intervention 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 for screening by race, gender, offense(s) charged indigence and if not accepted the reason for nonacceptance; and
* * *9. Any other data or information as
required by the Administrative Office of Courts.
(c) Every * * * intervention court shall be
certified under the following schedule:
(i) A * * * intervention court application
submitted after July 1, 2014, shall require certification of the * * * intervention court based on the
proposed * * *
intervention court plan;
(ii) A * * * intervention court established
after July 1, 2014, shall be recertified after its second year of funded
operation;
(iii) A * * * intervention 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 * * *
intervention court resources budgeted for fiscal year 2016; and
(iv) All * * * intervention courts shall submit a
re-certification petition every two (2) years to the Administrative Office of
Courts after the initial certification.
(3) All certified * * * intervention courts shall measure
successful completion of the * * * intervention court based on those
participants who complete the program without a new criminal conviction.
(4) (a) All certified * * * intervention 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 * * *
intervention 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 * * * intervention court program in the
month;
(vii) Total number of participants who were
convicted for a new criminal arrest while in the * * * intervention court program in the
month; and
(viii) Total number of participants who committed
at least one (1) violation while in the * * * intervention 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 * * * intervention 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 * * *drug intervention court may appoint the full- or part-time
employees it deems necessary for the work of the * * * intervention 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 * * * intervention 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 7. Section 9-23-13, Mississippi Code of 1972, is amended as follows:
9-23-13. (1) A * * * intervention court's alcohol and
drug intervention component shall provide for eligible individuals, either
directly or through referrals, a range of necessary court intervention
services, including, but not limited to, the following:
(a) Screening using a valid and reliable assessment tool effective for identifying alcohol and drug dependent persons for eligibility and appropriate services;
(b) Clinical assessment, for a DUI offense, if the person has two (2) or more DUI convictions, the court shall order the person to undergo an assessment that uses a standardized evidence-based instrument performed by a physician to determine whether he or she has a diagnosis for alcohol dependence and would likely benefit from a medication-assisted treatment indicated and approved for the treatment of alcohol dependence by the United States Food and Drug Administration, as specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. Upon considering the results of the assessment, the court shall refer the person to a rehabilitative program that offers one or more forms of medications approved for the treatment of alcohol dependence by the United States Food and Drug Administration;
(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.
(3) All intervention courts shall make available the option for participants to use medication-assisted treatment while participating in the programs of the court in accordance with the recommendations of the National Drug Court Institute to combat the opioid epidemic.
SECTION 8. 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 * * * intervention 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 * * * intervention court. In cases
transferred from another jurisdiction, the receiving judge shall act as a
special master and make recommendations to the sentencing judge. The court
may also provide services for individuals determined to be in need of reentry
assistance pursuant to subsection (5) of this section.
(3) (a) As a condition of
participation in a * * *
intervention court, a participant may be required to undergo a chemical
test or a series of chemical tests as specified by the * * * intervention 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 * * * intervention court or the
laboratory; however, if testing is available from other sources or the program
itself, the judge may waive any fees for testing. The judge shall waive all
fees if the applicant is determined to be indigent.
(b) A laboratory that performs
a chemical test under this section shall report the results of the test to the * * * intervention court.
(4) A person does not have
a right to participate in * * *drug intervention 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 * * * intervention court under this
chapter. However, any person meeting the eligibility criteria in subsection
(1) of this section shall, upon request, be screened for admission to
intervention court.
(5) Upon release of an offender from earned-release supervision, parole or post-release supervision, the Department of Corrections, the State Parole Board or the circuit or county judge who authorizes the parole or release shall determine whether the offender is in need of specialized reentry supervision. If such offender is determined to be in need of specialized reentry supervision, the applicable agency or judge shall direct the offender to meet with the senior circuit court judge of his or her county of residence or that judge's designee along with the probation or parole agent assigned to him or her, a public defender serving the local intervention courts, and a representative from the District Attorney's office. The judge shall review the parole case plan or other report of the Department of Corrections and determine if the offender should be admitted to an intervention court, a veterans court, a mental health court or similar court. To be admitted to one (1) of the name courts, the person must meet all qualifications for participation in such court as described in subsections (1) through (4) of this section. If the court determines the person is eligible for admission and should be admitted, the person shall have the option to enter the program. If the person enters the program, he or she shall be subject to all rules and regulations and have all rights and privileges of any other participant.
SECTION 9. Section 9-23-17, Mississippi Code of 1972, is amended as follows:
9-23-17. With regard to any * * * intervention court * * *, the
Administrative Office of Courts shall do the following:
(a) Certify and re-certify * * * intervention 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 * * * intervention court created or
funded under this chapter be certified by the Administrative Office of Courts.
(g) Collect monthly
data reports submitted by all certified * * * intervention courts, provide those
reports to the State * * *
Intervention Courts Advisory Committee, compile an annual report
summarizing the data collected and the outcomes achieved by all certified * * * intervention 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 * * *
intervention court program, both statewide and individual * * * intervention court programs, in
complying with the key components of the * * * intervention courts adopted by the
National Association of Drug Court Professionals.
(i) Adopt rules to implement this chapter.
SECTION 10. Section 9-23-19, Mississippi Code of 1972, is amended as follows:
9-23-19. (1) All
monies received from any source by the * * * intervention court shall be
accumulated in a fund to be used only for * * * intervention 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 * * * Intervention Court Fund for the
funding of further activities by the * * * intervention court.
(2) A * * * intervention 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 * * * intervention court.
(3) The costs of
participation in an alcohol and drug intervention program required by the
certified * * *
intervention 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 * * * Intervention Court Fund for
participation in an alcohol or drug intervention program; however all fees
shall be waived if the applicant is determined to be indigent.
SECTION 11. 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 * * * intervention court 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 * * * intervention court.
SECTION 12. 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 * * * intervention 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 * * *
intervention 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. 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 * * * intervention 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 * * * Intervention Court Advisory
Committee. (a) The State * * * Intervention Court Advisory
Committee shall be responsible for developing statewide rules and policies as
they relate to Veterans Treatment Court programs.
(b) The State * * * Intervention 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 * * * Intervention 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 14. 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 15. 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 16. Section 9-27-5, Mississippi Code of 1972, is brought forward as follows:
9-27-5. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:
(a) "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.
(b) "Mental health diversion program" means an immediate and highly structured intervention process for mental health treatment of eligible defendants or juveniles that:
(i) Brings together mental health professionals, local social programs and intensive judicial monitoring; and
(ii) Follows the key components of the mental health court curriculum published by the Bureau of Justice of the United States Department of Justice.
(c) "Evidence-based practices" means supervision policies, procedures and practices that scientific research demonstrates reduce recidivism.
(d) "Risk and needs assessment" means the use of an actuarial assessment tool validated on a Mississippi corrections population to determine a person's risk to reoffend and the characteristics that, if addressed, reduce the risk to reoffend.
SECTION 17. 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 * * *
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 18. 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 19. 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. Also, fees shall be waived if the applicant is determined to be indigent.
(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 in subsection (1) of this section, shall, upon request, be screened for admission into the program.
SECTION 20. 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. * * *
(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; however all fees shall be waived if the
applicant is determined to be indigent.
SECTION 21. 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 22. 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 23. Sections 9-27-13 and 9-27-21, Mississippi Code of 1972, which regulate pilot programs for mental health diversion courts, are repealed.
SECTION 24. Section 25-3-35, Mississippi Code of 1972, is amended as follows:
25-3-35. (1) The annual salaries of the following judges are fixed as follows:
From and after January 1, 2013, through December 31, 2013:
Chief Justice of the Supreme Court............. $126,292.50
Presiding Justices of the Supreme Court, each.. 123,600.75
Associate Justices of the Supreme Court, each.. 122,460.00
From and after January 1, 2014, through December 31, 2014:
Chief Justice of the Supreme Court............. $137,195.00
Presiding Justices of the Supreme Court, each.. 134,011.50
Associate Justices of the Supreme Court, each.. 132,390.00
From and after January 1, 2015, through December 31, 2015:
Chief Justice of the Supreme Court............. $148,097.50
Presiding Justices of the Supreme Court, each.. 144,422.25
Associate Justices of the Supreme Court, each.. 142,320.00
From and after January 1, 2016:
Chief Justice of the Supreme Court............. $159,000.00
Presiding Justices of the Supreme Court, each.. 154,833.00
Associate Justices of the Supreme Court, each.. 152,250.00
There are imposed upon the
Supreme Court justices the extra duties of taking all necessary action to
promote judicial education in schools, * * * intervention courts, electronic
filing and case management systems as developed by the Administrative Office of
Courts, or such other additional duties as may be assigned by the Chief Justice
of the Supreme Court. For such extra services each justice, from and after
January 1, 2013, shall receive a sum sufficient to aggregate, per annum, the
salaries set forth in this subsection (1).
The fixed salaries in this subsection (1) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than: One Hundred Fifteen Thousand Three Hundred Ninety Dollars ($115,390.00) of the Chief Justice's salary in this subsection (1), One Hundred Thirteen Thousand One Hundred Ninety Dollars ($113,190.00) of the salary of a presiding justice in this subsection (1), and One Hundred Twelve Thousand Five Hundred Thirty Dollars ($112,530.00) of the salary of an associate justice in this subsection (1) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of the Chief Justice, a presiding justice and an associate justice to the levels set forth in this subsection (1).
The fixed salaries as specified in this subsection (1) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(2) The annual salaries of the judges of the Court of Appeals of Mississippi are fixed as follows:
From and after January 1, 2013, through December 31, 2013:
Chief Judge of the Court of Appeals............ $117,992.00
Associate Judges of the Court of Appeals, each. 114,994.25
From and after January 1, 2014, through December 31, 2014:
Chief Judge of the Court of Appeals............ $127,854.00
Associate Judges of the Court of Appeals, each. 124,938.50
From and after January 1, 2015, through December 31, 2015:
Chief Judge of the Court of Appeals............ $137,716.00
Associate Judges of the Court of Appeals, each. 134,882.75
From and after January 1, 2016:
Chief Judge of the Court of Appeals............ $147,578.00
Associate Judges of the Court of Appeals, each. 144,827.00
From and after January 1, 2013, each judge shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (2).
The fixed salaries in this subsection (2) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than One Hundred Eight Thousand One Hundred Thirty Dollars ($108,130.00) of the Chief Judge's salary in this subsection (2) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the Chief Judge's salary to the level set forth in this subsection (2). No less than One Hundred Five Thousand Fifty Dollars ($105,050.00) of the salary of an associate judge in this subsection (2) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of an associate judge to the level set forth in this subsection (2).
The fixed salaries as specified in this subsection (2) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(3) The annual salaries of the chancery and circuit court judges are fixed as follows:
From and after January 1, 2013, through December 31, 2013:
Chancery Judges, each.......................... $112,127.50
Circuit Judges, each........................... 112,127.50
From and after January 1, 2014, through December 31, 2014:
Chancery Judges, each.......................... $120,085.00
Circuit Judges, each........................... 120,085.00
From and after January 1, 2015, through December 31, 2015:
Chancery Judges, each.......................... $128,042.50
Circuit Judges, each........................... 128,042.50
From and after January 1, 2016:
Chancery Judges, each.......................... $136,000.00
Circuit Judges, each........................... 136,000.00
In addition to their present
official duties, the circuit and chancery judges shall take necessary action to
promote judicial education in schools, * * * intervention courts, electronic
filing and case management systems as developed by the Administrative Office of
Courts, or such other additional duties as may be assigned by the Chief Justice
of the Supreme Court. For such extra services each judge, from and after
January 1, 2013, shall receive a sum sufficient to aggregate, per annum, the salaries
set forth in this subsection (3).
The fixed salaries in this subsection (3) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than One Hundred Four Thousand One Hundred Seventy Dollars ($104,170.00) of the salary of a chancery or circuit Judge in this subsection (3) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of a chancery or circuit judge to the levels set forth in this subsection (3).
(4) From and after January 1, 2019, and every four (4) years thereafter, the annual salaries of the judges in subsections (1), (2) and (3) shall be fixed at the level of compensation recommended by the State Personnel Board according to the board's most recent report on judicial salaries, as required under Section 25-9-115, to the extent that sufficient funds are available. The annual salaries fixed in accordance with this subsection (4) shall not become effective until the commencement of the next immediately succeeding term of office.
(5) The Supreme Court shall prepare a payroll for chancery judges and circuit judges and submit such payroll to the Department of Finance and Administration.
(6) The annual salary of the full-time district attorneys shall be:
From and after January 1, 2013, through December 31, 2013:
One Hundred Three Thousand Three Hundred Twenty-two Dollars ($103,322.00).
From and after January 1, 2014, through December 31, 2014:
One Hundred Ten Thousand Eight Hundred Forty-eight Dollars ($110,848.00).
From and after January 1, 2015, through December 31, 2015:
One Hundred Eighteen Thousand Three Hundred Seventy-four Dollars ($118,374.00).
From and after January 1, 2016:
One Hundred Twenty-five Thousand Nine Hundred Dollars ($125,900.00).
(7) The annual salary of the full-time legal assistants shall be not less than Fifteen Thousand Dollars ($15,000.00) nor more than eighty percent (80%) of the salary of the district attorney for legal assistants who have been licensed to practice law for five (5) years or less; eighty-five percent (85%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least five (5) years but less than fifteen (15) years; and ninety percent (90%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least fifteen (15) years or more.
SECTION 25. Section 43-21-357, Mississippi Code of 1972, is amended as follows:
43-21-357. (1) After receiving a report, the youth court intake unit shall promptly make a preliminary inquiry to determine whether the interest of the child, other children in the same environment or the public requires the youth court to take further action. As part of the preliminary inquiry, the youth court intake unit may request or the youth court may order the Department of Human Services, the Department of Youth Services, any successor agency or any other qualified public employee to make an investigation or report concerning the child and any other children in the same environment, and present the findings thereof to the youth court intake unit. If the youth court intake unit receives a neglect or abuse report, the youth court intake unit shall immediately forward the complaint to the Department of Human Services to promptly make an investigation or report concerning the child and any other children in the same environment and promptly present the findings thereof to the youth court intake unit. If it appears from the preliminary inquiry that the child or other children in the same environment are within the jurisdiction of the court, the youth court intake unit shall recommend to the youth court:
(a) That the youth court take no action;
(b) That an informal adjustment be made;
(c) The Department of Human Services, Division of Family and Children Services, monitor the child, family and other children in the same environment;
(d) That the child is warned or counseled informally;
(e) That the child be
referred to the youth court * * * intervention court; or
(f) That a petition be filed.
(2) The youth court shall then, without a hearing:
(a) Order that no action be taken;
(b) Order that an informal adjustment be made;
(c) Order that the Department of Human Services, Division of Family and Children Services, monitor the child, family and other children in the same environment;
(d) Order that the child is warned or counseled informally;
(e) That the child be
referred to the youth * * *
intervention court; or
(f) Order that a petition be filed.
(3) If the preliminary inquiry discloses that a child needs emergency medical treatment, the judge may order the necessary treatment.
SECTION 26. Section 63-11-31.1, Mississippi Code of 1972, is amended as follows:
63-11-31.1. (1) The
Mississippi Forensics Laboratory shall promulgate rules and regulations for
court-ordered drug testing of DUI/other drug violators and shall approve which
vendors are eligible to be utilized by the trial courts when ordering
defendants to undergo drug testing as a condition of continuing to exercise the
privilege to drive. The Forensics Laboratory may assess fees to the vendors, and
shall prescribe the maximum costs to the offender for drug testing. The
Forensics Laboratory may seek the advice of the State * * * Intervention Court Advisory
Committee in fulfilling these duties.
(2) The Forensics Laboratory must evaluate proposals made by prospective vendors for acceptability, including, without limitation, the following factors:
(a) A description of the method used for assessment;
(b) The frequency with which the offender will be tested;
(c) The procedure used by the vendor to ensure the accuracy of the test results;
(d) The length of time allowed the offender to provide a biological sample after being given notice;
(e) The frequency with which the vendor will make reports to the court;
(f) The list of approved sites for the collection of biological samples for testing.
(3) The Forensics Laboratory must promulgate regulations for the program and for vendors, including at a minimum:
(a) That the offender must pay the cost of the testing program or, if the court finds the offender to be indigent, that the cost be paid from the Interlock Device Fund.
(b) How indigent funds will be accessed by the vendors, and the maximum cost to the offender or the fund.
(4) The Forensics Laboratory will provide the list of approved vendors, subject to continuous updating, to the Mississippi Judicial College for dissemination to the trial courts.
SECTION 27. Section 99-3-45, Mississippi Code of 1972, is amended as follows:
99-3-45. A person under the age of twenty-one (21) who is released under either Section 99-3-17 or 99-3-18 following arrest must be given notice:
(a) That the person is allowed to call a parent, guardian or custodian in addition to any other opportunity to call that has been afforded to such person; and
(b) That * * * Intervention Court and other
pretrial diversion programs may be available for many offenses.
SECTION 28. Section 99-19-73, Mississippi Code of 1972, is amended as follows:
99-19-73. (1) Traffic violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.) and offenses relating to vehicular parking or registration:
FUND AMOUNT
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund......... [Deleted]
Child Support Prosecution Trust Fund.................. [Deleted]
Driver Training Penalty Assessment Fund............... [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Spinal Cord and Head Injury Trust Fund
(for all moving violations)...................... [Deleted]
Emergency Medical Services Operating Fund............. [Deleted]
Mississippi Leadership Council on Aging Fund.......... [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants.... [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
* * *Intervention Court Fund......................... [Deleted]
Judicial Performance Fund............................. [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
Children's Safe Center Fund........................... [Deleted]
DuBard School for Language Disorders Fund............. [Deleted]
Children's Advocacy Centers Fund...................... [Deleted]
Judicial System Operation Fund........................ [Deleted]
GENERAL FUND..................................... $ 90.50
(2) Implied Consent Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.):
FUND AMOUNT
Crime Victims' Compensation Fund...................... [Deleted]
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund......... [Deleted]
Child Support Prosecution Trust Fund.................. [Deleted]
Driver Training Penalty Assessment Fund............... [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Emergency Medical Services Operating Fund............. [Deleted]
Mississippi Alcohol Safety Education Program Fund..... [Deleted]
Federal-State Alcohol Program Fund.................... [Deleted]
Mississippi Forensics Laboratory
Implied Consent Law Fund......................... [Deleted]
Spinal Cord and Head Injury Trust Fund................ [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants.... [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
* * *Intervention Court Fund......................... [Deleted]
Statewide Victims' Information and
Notification System Fund......................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
GENERAL FUND..................................... $ 243.50
(3) Game and Fish Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state:
FUND AMOUNT
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund......... [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Hunter Education and Training Program Fund............ [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for district
attorneys and their legal assistants............. [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
* * *Intervention Court Fund......................... [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
GENERAL FUND..................................... $ 89.00
(4) [Deleted]
(5) Speeding, reckless and careless driving violations. In addition to any assessment imposed under subsection (1) or (2) of this section, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for driving a vehicle on a road or highway:
(a) At a speed that exceeds the posted speed limit by
at least ten (10) miles per hour but not more than twenty (20) miles per hour..................................................... $10.00
(b) At a speed that exceeds the posted speed limit by at least twenty (20) miles per hour but not more than thirty (30) miles per hour......................................................... $20.00
(c) At a speed that exceeds the posted speed limit by thirty (30) miles per hour or more.............................. $30.00
(d) In violation of Section 63-3-1201, which is the offense of reckless driving......................................... $10.00
(e) In violation of Section 63-3-1213, which is the offense of careless driving......................................... $10.00
All assessments collected under this subsection shall be deposited into the State General Fund.
(6) Other misdemeanors. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration:
FUND AMOUNT
Crime Victims' Compensation Fund.................... $[Deleted]
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training, Investigation
and Prosecution Trust Fund....................... [Deleted]
Child Support Prosecution Trust Fund.................. [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
State Crime Stoppers Fund............................. [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants.... [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
* * *Intervention Court Fund......................... [Deleted]
Judicial Performance Fund............................. [Deleted]
Statewide Victims' Information and
Notification System Fund......................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
Information Exchange Network Fund..................... [Deleted]
Motorcycle Officer Training Fund...................... [Deleted]
Civil Legal Assistance Fund........................... [Deleted]
Justice Court Collections Fund........................ [Deleted]
Municipal Court Collections Fund...................... [Deleted]
GENERAL FUND....................................... $121.75
(7) Other felonies. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section:
FUND AMOUNT
Crime Victims' Compensation Fund..................... $[Deleted]
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training, Investigation
and Prosecution Trust Fund....................... [Deleted]
Child Support Prosecution Trust Fund.................. [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
Criminal Justice Fund................................. [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants.... [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
* * *Intervention Court Fund......................... [Deleted]
Statewide Victims' Information and
Notification System Fund......................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
Forensics Laboratory DNA Identification System Fund... [Deleted]
GENERAL FUND....................................... $280.50
(8) Additional assessments on certain violations:
(a) Railroad crossing violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation involving railroad crossings under Section 37-41-55, 63-3-1007, 63-3-1009, 63-3-1011, 63-3-1013 or 77-9-249:
Operation Lifesaver Fund............................ $25.00
(b) Drug violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 41-29-139:
Drug Evidence Disposition Fund...................... $25.00
(c) Motor vehicle liability insurance violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 63-15-4(4) or Section 63-16-13(1):
Uninsured Motorist Identification Fund:
First offense................................$200.00
Second offense...............................$300.00
Third or subsequent offense..................$400.00
(9) If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court.
(10) (a) After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section. The state assessments imposed under the provisions of this section may not be paid by personal check.
(b) It shall be the duty of the chancery clerk of each county to deposit all state assessments collected in the circuit, county and justice courts in the county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in the county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in the county during that month.
(c) It shall be the duty of the municipal clerk of each municipality to deposit all the state assessments collected in the municipal court in the municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in the municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in the municipality during that month.
(11) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all state assessments into the State General Fund or proper special fund in the State Treasury. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these funds.
(12) The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed. The Auditor shall provide in the regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which the defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the Auditor.
SECTION 29. This act shall take effect and be in force from and after July 1, 2019.
