Mississippi SB 2527: Intervention courts; technical corrections.

Bill Text

SB2527_H_Amend_02 

Adopted

AMENDMENT NO 2 PROPOSED TO

Senate Bill No. 2527

BY: Representative Bain

���� Amend by striking all 
after the enacting clause and inserting in lieu thereof the following:

���� 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 Drug 
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 drug 
intervention court alternative orders adaptable to chancery, circuit, county, 
youth, municipal and justice courts.

���� (2)� The goals of the drug 
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 drug 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)� "Drug 
intervention court" means a drug court * * *, mental health court, veterans court or problem‑solving 
court that utilizes an immediate and highly structured intervention 
process for eligible defendants or juveniles that brings together mental health 
professionals, substance abuse professionals, local social programs and 
intensive judicial monitoring.

��������� (d)� "Evidence-based 
program" * * * means supervision policies, procedures and practices that 
scientific research demonstrates reduce recidivism and 
"researched-based program" have the meanings as those terms are 
defined in Section 27-103-159.

��������� (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 9-23-9, 
Mississippi Code of 1972, is brought forward 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.� The committee must 
provide the proposed evaluation plans to the Chief Justice and the 
Administrative Office of Courts.� The committee shall be chaired by the 
Director of the Administrative Office of Courts or a designee of the director 
and shall consist of eleven (11) members all of whom shall be appointed by the 
Supreme Court.� The members shall be broadly representative of the courts, 
mental health, veterans affairs, law enforcement, corrections, criminal defense 
bar, prosecutors association, juvenile justice, child protective services and 
substance abuse treatment communities.

���� (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