Bill Text: MS SB2012 | 2014 | Regular Session | Introduced
Bill Title: Juvenile justice; centralized control of housing of juvenile offenders.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [SB2012 Detail]
Download: Mississippi-2014-SB2012-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary, Division B
By: Senator(s) Burton
Senate Bill 2012
AN ACT TO AMEND SECTION 43-21-323, MISSISSIPPI CODE OF 1972, TO REVISE THE AUTHORITY OVER MONITORING OF JUVENILE OFFENDERS HOUSING BY RECREATING THE MONITORING UNIT AS A FUNCTION OF THE DIVISION OF YOUTH SERVICES OF THE DEPARTMENT OF HUMAN SERVICES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-21-323, Mississippi Code of 1972, is amended as follows:
43-21-323. (1)
There is established the Juvenile Detention Facilities Monitoring Unit within
the Department of * * * Human Services to work in cooperation with the
Juvenile Justice Advisory Committee described in Section 45-1-33. The unit
shall be responsible for investigating, evaluating and securing the rights of
children held in juvenile justice facilities, including detention centers * * * and juvenile justice
group homes throughout the state to ensure that the facilities operate in
compliance with national best practices and state and federal law. The monitoring
unit shall only monitor group homes that serve as a dispositional placement for
delinquent youth pursuant to Section 41-21-605. Nothing in this section shall
be construed as giving the monitoring unit authority to monitor foster care or
shelter care placements. All monitors shall be employees of the Department of * * * Human Services. The
inspections by the unit shall encompass the following:
(a) To review and
evaluate (i) all procedures set by detention centers, * * * and juvenile justice
group homes and (ii) all records containing information related to the
operations of the detention centers * * * and juvenile justice
group homes;
(b) To review and
investigate all complaints filed with the monitoring unit concerning children's
treatment in detention centers * * * and group homes;
(c) To conduct
quarterly monitoring visits of all detention centers * * * and group homes. The
monitor shall have access to an entire facility and shall conduct confidential
interviews with youth and facility staff;
(d) To advise a facility on how to meet the needs of children who require immediate attention;
(e) To provide technical assistance and advice to juvenile detention facilities, which will assist the facilities in complying with state and federal law.
To carry out the duties in this subsection (1) a monitor may consult with an administrator, employee, child, parent, expert or other individual in the course of monitoring or investigating. In addition, the monitor may review court documents and other confidential records as necessary to fulfill these duties.
(2) Additional duties of the monitoring unit are as follows:
(a) To make available
on a * * *
yearly basis to the Governor, Lieutenant Governor and each member of the
Legislature and each member of a county board of supervisors, a report that
describes:
(i) The work of the monitoring unit;
(ii) The results of any review or investigation undertaken by the monitoring unit;
(iii) Any allegations of abuse or injury of a child; and
(iv) Any problems concerning the administration of a detention center.
The reports described in this subsection shall keep the names of all children, parents and employees confidential.
(b) To promote awareness among the public and the children held in detention by providing the following:
(i) How the monitoring unit may be contacted;
(ii) The purpose of the monitoring unit; and
(iii) The services that the monitoring unit provides.
(3) The records of a monitor shall be confidential. Any child, staff member, parent or other interested individual may communicate to a monitor in person, by mail, by phone, or any other means. All communications shall be kept confidential and privileged, except that the youth court and the facility shall have access to such records, but the identity of reporters shall remain confidential.
SECTION 2. Any existing equipment of the Monitoring Unit shall be transferred by the Department of Public Safety to the Department of Human Services.
SECTION 3. This act shall take effect and be in force from and after July 1, 2014.
