| 1 | | - | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Appropriations D; Appropriations A By: Representatives Mims, Read, Barton, Cockerham, Faulkner, Hood, McKnight, Rushing, Watson House Bill 1763 (As Passed the House) AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE OFFICE OF STATE PUBLIC DEFENDER OF THE STATE OF MISSISSIPPI FOR THE FISCAL YEAR 2026. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. The following sum, or so much thereof as may be necessary, is appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Office of State Public Defender of the State of Mississippi for the fiscal year beginning July 1, 2025, and ending June 30, 2026.... $ 4,373,202.00. SECTION 2. Of the funds appropriated under the provisions of Section 1, the following positions are authorized: AUTHORIZED HEADCOUNT: Permanent: 25 Time-Limited: 0 Any transfers or escalations shall be made in accordance with the terms, conditions, and procedures established by law. No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available. SECTION 3. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below: FY2026 Performance Measures Target Capital Defense Percent of Trial Cases Opened Less Than One Year 75.00 Percent Change in Running Average of Reversals Due to Ineffective Assistance of Counsel 0.00 Average of Reversals Due to Ineffective Assistance of Counsel 8 A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2026. SECTION 4. Of the funds provided in Section 1 of this act, Four Hundred Forty-six Thousand Five Hundred Twenty-one Dollars ($446,521.00), or so much thereof as may be necessary, is provided for three (3) full-time assistant public defenders pursuant to House Bill 1020, 2023 Regular Session, and engrossed in Section 25-32-4, Mississippi Code of 1972. SECTION 5. It is the intention of the Legislature that the Office of State Public Defender shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2025. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2027 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2026 budget request process. SECTION 6. It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference. A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids. SECTION 7. It is the intention of the Legislature that the funds herein appropriated shall be expended in compliance with Section 27-104-25, Mississippi Code of 1972, that no state agency shall incur obligations or indebtedness in excess of their appropriation and that the responsible officers, either personally or upon their official bonds, shall be held responsible for actions contrary to this provision. SECTION 8. Of the funds provided in Section 1, Four Hundred Twenty-two Thousand Five Hundred Dollars ($422,500.00) shall be provided for the Indigent Parental Representation for the purpose of contracting with trained and certified attorneys to represent indigent parents or guardians in abuse, neglect or termination of parental rights proceedings as provided under Sections 43-21-201 and 99-18-13, Mississippi Code of 1972. SECTION 9. Of the funds provided in Section 1, Two Hundred Thirty-five Thousand Nine Hundred Twenty-six Dollars ($235,926.00) is provided for the purpose of employing an experienced Youth Defender and legal assistant to support training and technical services and provide appellate representation as provided under Section 43-21-201, Mississippi Code of 1972. SECTION 10. The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the Capital Expense Fund not otherwise appropriated, for the Office of State Public Defender for the purpose of reauthorizing the expenditure of Capital Expense Funds as authorized in House Bill 1819, 2024 Regular Session, for the fiscal year beginning July 1, 2025, and ending June 30, 2026... $ 60,000.00. This reappropriation is made for the purpose of reauthorizing the expenditure of funds for the Hinds County Public Defender's Office. Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2025, from the amount authorized for the previous fiscal year. In addition, this reappropriation shall not change the purpose for which the funds were originally authorized. SECTION 11. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law. SECTION 12. This act shall take effect and be in force from and after July 1, 2025. |
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| 1 | + | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Appropriations D; Appropriations A By: Representatives Mims, Read, Barton, Cockerham, Faulkner, Hood, McKnight, Rushing, Watson House Bill 1763 AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE OFFICE OF STATE PUBLIC DEFENDER OF THE STATE OF MISSISSIPPI FOR THE FISCAL YEAR 2026. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. The following sum, or so much thereof as may be necessary, is appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Office of State Public Defender of the State of Mississippi for the fiscal year beginning July 1, 2025, and ending June 30, 2026.... $ 4,373,202.00. SECTION 2. Of the funds appropriated under the provisions of Section 1, the following positions are authorized: AUTHORIZED HEADCOUNT: Permanent: 25 Time-Limited: 0 Any transfers or escalations shall be made in accordance with the terms, conditions, and procedures established by law. No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available. SECTION 3. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below: FY2026 Performance Measures Target Capital Defense Percent of Trial Cases Opened Less Than One Year 75.00 Percent Change in Running Average of Reversals Due to Ineffective Assistance of Counsel 0.00 Average of Reversals Due to Ineffective Assistance of Counsel 8 A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2026. SECTION 4. Of the funds provided in Section 1 of this act, Four Hundred Forty-six Thousand Five Hundred Twenty-one Dollars ($446,521.00), or so much thereof as may be necessary, is provided for three (3) full-time assistant public defenders pursuant to House Bill 1020, 2023 Regular Session, and engrossed in Section 25-32-4, Mississippi Code of 1972. SECTION 5. It is the intention of the Legislature that the Office of State Public Defender shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2025. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2027 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2026 budget request process. SECTION 6. It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference. A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids. SECTION 7. It is the intention of the Legislature that the funds herein appropriated shall be expended in compliance with Section 27-104-25, Mississippi Code of 1972, that no state agency shall incur obligations or indebtedness in excess of their appropriation and that the responsible officers, either personally or upon their official bonds, shall be held responsible for actions contrary to this provision. SECTION 8. Of the funds provided in Section 1, Four Hundred Twenty-two Thousand Five Hundred Dollars ($422,500.00) shall be provided for the Indigent Parental Representation for the purpose of contracting with trained and certified attorneys to represent indigent parents or guardians in abuse, neglect or termination of parental rights proceedings as provided under Sections 43-21-201 and 99-18-13, Mississippi Code of 1972. SECTION 9. Of the funds provided in Section 1, Two Hundred Thirty-five Thousand Nine Hundred Twenty-six Dollars ($235,926.00) is provided for the purpose of employing an experienced Youth Defender and legal assistant to support training and technical services and provide appellate representation as provided under Section 43-21-201, Mississippi Code of 1972. SECTION 10. The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the Capital Expense Fund not otherwise appropriated, for the Office of State Public Defender for the purpose of reauthorizing the expenditure of Capital Expense Funds as authorized in House Bill 1819, 2024 Regular Session, for the fiscal year beginning July 1, 2025, and ending June 30, 2026... $ 60,000.00. This reappropriation is made for the purpose of reauthorizing the expenditure of funds for the Hinds County Public Defender's Office. Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2025, from the amount authorized for the previous fiscal year. In addition, this reappropriation shall not change the purpose for which the funds were originally authorized. SECTION 11. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law. SECTION 12. This act shall take effect and be in force from and after July 1, 2025. |
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| 14 | 12 | | |
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| 15 | 13 | | AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE OFFICE OF STATE PUBLIC DEFENDER OF THE STATE OF MISSISSIPPI FOR THE FISCAL YEAR 2026. |
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| 16 | 14 | | |
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| 17 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 18 | 16 | | |
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| 19 | 17 | | SECTION 1. The following sum, or so much thereof as may be necessary, is appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Office of State Public Defender of the State of Mississippi for the fiscal year beginning July 1, 2025, and ending June 30, 2026.... $ 4,373,202.00. |
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| 20 | 18 | | |
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| 21 | 19 | | SECTION 2. Of the funds appropriated under the provisions of Section 1, the following positions are authorized: |
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| 22 | 20 | | |
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| 23 | 21 | | AUTHORIZED HEADCOUNT: |
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| 24 | 22 | | |
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| 25 | 23 | | Permanent: 25 |
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| 26 | 24 | | |
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| 27 | 25 | | Time-Limited: 0 |
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| 28 | 26 | | |
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| 29 | 27 | | Any transfers or escalations shall be made in accordance with the terms, conditions, and procedures established by law. |
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| 30 | 28 | | |
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| 31 | 29 | | No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available. |
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| 32 | 30 | | |
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| 33 | 31 | | SECTION 3. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below: |
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| 34 | 32 | | |
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| 35 | 33 | | FY2026 |
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| 36 | 34 | | |
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| 37 | 35 | | Performance Measures Target |
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| 38 | 36 | | |
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| 39 | 37 | | Capital Defense |
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| 40 | 38 | | |
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| 41 | 39 | | Percent of Trial Cases Opened Less Than |
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| 42 | 40 | | |
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| 43 | 41 | | One Year 75.00 |
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| 44 | 42 | | |
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| 45 | 43 | | Percent Change in Running Average of |
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| 46 | 44 | | |
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| 47 | 45 | | Reversals Due to Ineffective Assistance |
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| 48 | 46 | | |
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| 49 | 47 | | of Counsel 0.00 |
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| 50 | 48 | | |
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| 51 | 49 | | Average of Reversals Due to Ineffective |
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| 52 | 50 | | |
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| 53 | 51 | | Assistance of Counsel 8 |
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| 54 | 52 | | |
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| 55 | 53 | | A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2026. |
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| 56 | 54 | | |
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| 57 | 55 | | SECTION 4. Of the funds provided in Section 1 of this act, Four Hundred Forty-six Thousand Five Hundred Twenty-one Dollars ($446,521.00), or so much thereof as may be necessary, is provided for three (3) full-time assistant public defenders pursuant to House Bill 1020, 2023 Regular Session, and engrossed in Section 25-32-4, Mississippi Code of 1972. |
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| 58 | 56 | | |
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| 59 | 57 | | SECTION 5. It is the intention of the Legislature that the Office of State Public Defender shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2025. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2027 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2026 budget request process. |
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| 60 | 58 | | |
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| 61 | 59 | | SECTION 6. It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference. A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids. |
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| 62 | 60 | | |
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| 63 | 61 | | SECTION 7. It is the intention of the Legislature that the funds herein appropriated shall be expended in compliance with Section 27-104-25, Mississippi Code of 1972, that no state agency shall incur obligations or indebtedness in excess of their appropriation and that the responsible officers, either personally or upon their official bonds, shall be held responsible for actions contrary to this provision. |
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| 64 | 62 | | |
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| 65 | 63 | | SECTION 8. Of the funds provided in Section 1, Four Hundred Twenty-two Thousand Five Hundred Dollars ($422,500.00) shall be provided for the Indigent Parental Representation for the purpose of contracting with trained and certified attorneys to represent indigent parents or guardians in abuse, neglect or termination of parental rights proceedings as provided under Sections 43-21-201 and 99-18-13, Mississippi Code of 1972. |
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| 66 | 64 | | |
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| 67 | 65 | | SECTION 9. Of the funds provided in Section 1, Two Hundred Thirty-five Thousand Nine Hundred Twenty-six Dollars ($235,926.00) is provided for the purpose of employing an experienced Youth Defender and legal assistant to support training and technical services and provide appellate representation as provided under Section 43-21-201, Mississippi Code of 1972. |
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| 68 | 66 | | |
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| 69 | 67 | | SECTION 10. The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the Capital Expense Fund not otherwise appropriated, for the Office of State Public Defender for the purpose of reauthorizing the expenditure of Capital Expense Funds as authorized in House Bill 1819, 2024 Regular Session, for the fiscal year beginning July 1, 2025, and ending June 30, 2026... $ 60,000.00. |
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| 70 | 68 | | |
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| 71 | 69 | | This reappropriation is made for the purpose of reauthorizing the expenditure of funds for the Hinds County Public Defender's Office. |
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| 72 | 70 | | |
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| 73 | 71 | | Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2025, from the amount authorized for the previous fiscal year. In addition, this reappropriation shall not change the purpose for which the funds were originally authorized. |
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| 74 | 72 | | |
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| 75 | 73 | | SECTION 11. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law. |
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| 76 | 74 | | |
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| 77 | 75 | | SECTION 12. This act shall take effect and be in force from and after July 1, 2025. |
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