| 1 | | - | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Judiciary, Division A By: Senator(s) Wiggins Senate Bill 2769 (As Passed the Senate) AN ACT TO ENACT THE MISSISSIPPI YOUTH COURT CHANCELLOR ACT OF 2025; TO DEFINE TERMS; TO CREATE YOUTH COURT CHANCELLOR DIVISIONS WITHIN CERTAIN CHANCERY COURT DISTRICTS; TO CREATE THE OFFICE OF YOUTH COURT CHANCELLOR IN EACH OF THE DESIGNATED CHANCERY DISTRICTS; TO PROVIDE THAT ALL CAUSES AND DOCKETS IN THE DESIGNATED CHANCERY DISTRICTS, OTHER THAN THOSE CAUSES AND DOCKETS WITHIN A COUNTY YOUTH COURT ESTABLISHED UNDER SECTION 43-21-107, SHALL BE ASSIGNED TO THE YOUTH COURT CHANCELLOR; TO PROVIDE THAT IN THE CASE OF THE YOUTH COURT CHANCELLOR'S TEMPORARY ABSENCE FROM THE COUNTY OR DISTRICT, ANOTHER CHANCELLOR WITHIN THE DESIGNATED CHANCERY DISTRICT MAY TEMPORARILY SERVE IN THE YOUTH COURT DIVISION; TO PROVIDE THAT IN THE CASE OF ANOTHER CHANCELLOR'S TEMPORARY ABSENCE FROM THE COUNTY OR DISTRICT, THE YOUTH COURT CHANCELLOR MAY TEMPORARILY SERVE IN THE OTHER CHANCELLOR'S PLACE; TO PROVIDE THAT EACH YOUTH COURT CHANCELLOR SHALL RECEIVE AN OFFICE OPERATING ALLOWANCE; TO AUTHORIZE THE ADMINISTRATIVE OFFICE OF COURTS TO UTILIZE MYCIDS OR ANY OTHER CASE MANAGEMENT AND ELECTRONIC FILING SYSTEM TO EFFECTUATE THE PURPOSES OF THIS ACT; TO CREATE IN THE STATE TREASURY A SPECIAL FUND TO BE KNOWN AS THE CHANCERY YOUTH COURT DIVISION FUND; TO AUTHORIZE, AMONG OTHER PURPOSES, CAPITAL DISTRIBUTIONS, FOR THE ESTABLISHMENT OF THE DIVISIONS; TO AMEND SECTION 9-5-7, MISSISSIPPI CODE OF 1972, TO CONFORM; TO CREATE NEW SECTION 9-5-10, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTIONS 9-5-13, 9-5-15, 9-5-22, 9-5-25, 9-5-29, 9-5-33, 9-5-36, 9-5-38, 9-5-40, 9-5-41 AND 9-5-45, MISSISSIPPI CODE OF 1972, TO CONFORM; TO CREATE NEW SECTION 9-5-48, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 9-5-50, 9-5-51 AND 9-5-54, MISSISSIPPI CODE OF 1972, TO CONFORM; TO CREATE NEW SECTION 9-5-56, MISSISSIPPI CODE OF 1972, TO CONFORM; TO BRING FORWARD SECTIONS 43-21-801 AND 43-21-803, MISSISSIPPI CODE OF 1972, WHICH ARE PROVISIONS OF LAW RELATED TO THE YOUTH COURT SUPPORT PROGRAM, FOR THE PURPOSES OF POSSIBLE AMENDMENT; TO PROVIDE PROCEDURES FOR THE ELECTION OF CANDIDATES FOR THE CHANCELLORSHIPS CREATED BY THIS ACT; TO REPEAL SECTION 43-21-111, MISSISSIPPI CODE OF 1972, WHICH IS THE PROVISION OF LAW AUTHORIZING REGULAR AND SPECIAL YOUTH COURT REFEREES; AND FOR RELATED PURPOSES. WHEREAS, House Bill No. 1149, 2023 Regular Session, reauthorized the Mississippi Commission on a Uniform Youth Court System and Procedures; and WHEREAS, the Commission on a Uniform Youth Court System and Procedures presented its report to the Lieutenant Governor C. Delbert Hosemann, Jr., the Mississippi Senate, Speaker Jason White and the Mississippi House of Representatives on September 16, 2024; and WHEREAS, among other recommendations, the Commission on a Uniform Youth Court System and Procedures recommended the creation of Hybrid Youth Court structure in Mississippi, utilizing existing County Youth Courts, Youth Court Divisions within certain Chancery Court Districts and abolishing regular or special Youth Court referees; NOW, THEREFORE, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. This act shall be known and may be cited as the "Mississippi Youth Court Chancellor Act of 2025." SECTION 2. As used in this section, the following terms shall have the meaning ascribed herein: (a) "County youth court" means a youth court established under Section 43-21-107. (b) "Division" means a division established in Section 3 of this act. SECTION 3. (1) There is established a Youth Court Chancellor Division within the chancery court of each of the following chancery districts: (a) The First Chancery District; (b) The Second Chancery District; (c) The Third Chancery District; (d) The Fourth Chancery District; (e) The Sixth Chancery District; (f) The Seventh Chancery District; (g) The Eighth Chancery District; (h) The Ninth Chancery District; (i) The Tenth Chancery District; (j) The Eleventh Chancery District; (k) The Twelfth Chancery District; (l) The Thirteenth Chancery District; (m) The Fourteenth Chancery District; (n) The Fifteenth Chancery District; (o) The Sixteenth Chancery District; (p) The Seventeenth Chancery District; (q) The Eighteenth Chancery District; and (r) The Nineteenth Chancery District. (2) The division shall include, but is not limited to, the following components: (a) The Office of Youth Court Chancellor shall be created in each of the designated chancery districts which shall be separate and distinguishable from the other office or offices of chancellor for the district. (b) All causes and dockets in the designated chancery districts, other than those causes and dockets within a county youth court established under Section 43-21-107, shall be assigned to the youth court chancellor who shall have the right to set terms in the youth court division of the district. (c) The youth court chancellorship in each designated chancery district shall be separate and distinct and denominated for purposes of appointment and election as a separate "Place". The chancellor to fill the Place for youth court chancellor may be a resident of any county in the district and shall be by election to be held in every county within the district. (d) In the case of the youth court chancellor's temporary absence from the county or district, another chancellor within the designated chancery district may temporarily serve in the youth court division. In the case of another chancellor's temporary absence from the county or district, the youth court chancellor may temporarily serve in the other chancellor's place. (e) The youth court division of each designated chancery district shall encompass those counties within the chancery district without a county youth court established under Section 43-21-107. (f) The youth court division of each designated chancery district shall have exclusive jurisdiction over all youth court matters as set forth in Section 43-21-151 in the county or counties for which it is responsible. (g) Each youth court chancellor shall receive an office operating allowance and may make application to the Administrative Office of Courts for additional personnel as set forth in Section 9-1-36. (h) Each designated chancery district shall have one (1) intake officer who shall carry out the duties of the youth court intake unit set forth in Title 43, Chapter 21 for those counties within the chancery district without a county youth court established under Section 43-21-107. Each intake officer shall be hired by and be an employee of the Administrative Office of Courts. Each intake officer shall be housed within an office of a chancery clerk within the chancery district. (3) The Administrative Office of Courts is authorized to utilize the Mississippi Youth Court Information Delivery System (MYCIDS) or any other case management and electronic filing system to effectuate the purposes of this act regardless of any other rule or law to the contrary. SECTION 4. (1) There is created in the State Treasury a special fund to be known as the Chancery Youth Court Division Fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies in the fund shall be disbursed by the Administrative Office of Courts for the purpose of providing funding for the development and implementation of the divisions established by Section 3 of this act. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into such fund. Monies from the fund shall be distributed by the State Treasurer upon warrants issued by the Administrative Office of Courts. Monies in the fund shall consist of: (a) Monies appropriated by the Legislature; (b) The interest accruing to the fund; (c) Monies received from the federal government; (d) Donations; and/or (e) Monies received from such other sources as may be provided by law. (2) The Administrative Office of Courts is authorized and directed to pay the following expenses from the fund: (a) Compensation and expenses of each youth court chancellor the same as every other chancellor within the state; (b) Office operating allowance and compensation of support staff of each youth court chancellor the same as every other chancellor within the state; (c) Compensation of each intake officer; and (d) A capital improvement for each designated chancery district to be used solely for the purpose of establishing the youth court division of the district. SECTION 5. Section 9-5-7, Mississippi Code of 1972, is amended as follows: 9-5-7. (1) There shall be * * * four (4) five (5) chancellors for the First Chancery Court District. (2) * * * The Four (4) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One * * *,", "Place Two * * *,", "Place Three" and "Place Four * * *.". The chancellor to fill Place One must be a resident of Alcorn, Prentiss or Tishomingo County. The chancellors to fill Place Two and Place Three must reside in Itawamba, Lee, Monroe, Pontotoc or Union County. The chancellor to fill Place Four may be a resident of any county in the district. (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Five" and shall have the powers and duties provided in Section 3 of this act. (4) Election of the * * * four (4) five (5) offices of chancellor shall be by election to be held in every county within the First Chancery Court District. SECTION 6. The following shall be codified as Section 9-5-10, Mississippi Code of 1972: 9-5-10. (1) There shall be two (2) chancellors for the Second Chancery Court District. (2) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election only as "Place One". (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Two" and shall have the powers and duties provided in Section 3 of this act. SECTION 7. Section 9-5-13, Mississippi Code of 1972, is amended as follows: [Until January 1, 2027, this section shall read as follows:] 9-5-13. (1) There shall be three (3) chancellors for the Third Chancery Court District. (2) (a) The chancellor of Subdistrict 3-1 shall be elected from DeSoto County. The two (2) chancellors of Subdistrict 3-2 shall be elected from Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County. (b) For purposes of appointment and election, the three (3) chancellorships shall be separate and distinct. The chancellorship in Subdistrict 3-1 shall be denominated only as "Place One," and the chancellorships in Subdistrict 3-2 shall be denominated only as "Place Two" and "Place Three * * *.". [From and after January 1, 2027, this section shall read as follows:] 9-5-13. (1) There shall be * * * four (4) five (5) chancellors for the Third Chancery Court District. (2) (a) The two (2) chancellors of Subdistrict 3-1 shall be elected from DeSoto County. The two (2) chancellors of Subdistrict 3-2 shall be elected from Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County. (b) For purposes of appointment and election, the four (4) chancellorships shall be separate and distinct and denominated as "Place One * * *,", "Place Two * * *,", "Place Three" and "Place Four". The chancellorships in Subdistrict 3-1 shall be denominated only as "Place One" and "Place Four" and the chancellorships in Subdistrict 3-2 shall be denominated only as "Place Two" and "Place Three * * *.". (c) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Five" and shall have the powers and duties provided in Section 3 of this act. SECTION 8. Section 9-5-15, Mississippi Code of 1972, is amended as follows: 9-5-15. (1) The Fourth Chancery Court District is composed of the following counties: (a) Amite County; (b) Franklin County; (c) Pike County; and (d) Walthall County. (2) (a) There shall be * * * two (2) three (3) chancellors for the Fourth Chancery Court District. * * * The(b) Two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two * * *.". (c) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Three" and shall have the powers and duties provided in Section 3 of this act. SECTION 9. Section 9-5-22, Mississippi Code of 1972, is amended as follows: 9-5-22. (1) There shall be * * * two (2) three (3) chancellors for the Sixth Chancery Court District. (2) * * * The (a) Two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two * * *.". (b) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Three" and shall have the powers and duties provided in Section 3 of this act. SECTION 10. Section 9-5-25, Mississippi Code of 1972, is amended as follows: 9-5-25. (1) There shall be * * * three (3) four (4) chancellors for the Seventh Chancery Court District. (2) The * * * three (3) four (4) chancellorships shall be separate and distinct. (3) One (1) chancellor shall be elected from Subdistrict 7-1 and shall be denominated for purposes of appointment and election only as "Place One * * *,", and two (2) chancellors shall be elected from Subdistrict 7-2 and shall be denominated for purposes of appointment and election only as "Place Two" and "Place Three * * *.". (4) One (1) chancellor shall be separate and distinct and denominated for purposes of appointment and election as "Place Four" and shall have the powers and duties provided in Section 3 of this act and shall be elected by election to be held in every county within the Seventh Chancery Court District. SECTION 11. Section 9-5-29, Mississippi Code of 1972, is amended as follows: 9-5-29. (1) There shall be * * * four (4) five (5) chancellors for the Eighth Chancery Court District. (2) The four (4) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two," "Place Three" and "Place Four." (3) While there shall be no limitation whatsoever upon the powers and duties of the four (4) chancellors elected under subsection (2) of this section other than as cast upon them by the Constitution and laws of this state, the court in the Eighth Chancery Court District, in the discretion of the senior chancellor, may be divided into four (4) divisions as a matter of convenience by the entry of an order upon the minutes of the court. (4) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Five" and shall have the powers and duties provided in Section 3 of this act. SECTION 12. Section 9-5-33, Mississippi Code of 1972, is amended as follows: 9-5-33. There shall be * * * three (3) four (4) chancellors for the Ninth Chancery Court District. One (1) chancellor shall be elected from each subdistrict. One (1) chancellor shall be separate and distinct and denominated for purposes of appointment and election as "Place Four" and shall have the powers and duties provided in Section 3 of this act. SECTION 13. Section 9-5-36, Mississippi Code of 1972, is amended as follows: 9-5-36. (1) There shall be * * * four (4) five (5) chancellors for the Tenth Chancery Court District. (2) * * * The Four (4) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One * * *,", "Place Two * * *,", "Place Three" and "Place Four * * *.". The chancellor to fill Place One and Place Four may be a resident of any county in the district. The chancellor to fill Place Two must be a resident of Lamar, Marion, Pearl River or Perry County. The chancellor to fill Place Three must be a resident of Forrest County. (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Five" and shall have the powers and duties provided in Section 3 of this act. ( * * *34) Election of the * * * four (4) five (5) offices of chancellor shall be by election to be held in every county within the Tenth Chancery Court District. SECTION 14. Section 9-5-38, Mississippi Code of 1972, is amended as follows: 9-5-38. There shall be * * * three (3) four (4) chancellors for the Eleventh Chancery Court District. The three (3) chancellorships shall be separate and distinct. One (1) chancellor shall be elected from Subdistrict 11-1 and denominated for purposes of appointment and election only as "Place One * * *,", one (1) chancellor shall be elected from Subdistrict 11-2 and denominated for purposes of appointment and election only as "Place Two * * *,", and one (1) chancellor shall be elected at large from the entire Eleventh Chancery Court District and denominated for purposes of appointment and election only as "Place Three * * *.", and one (1) chancellor shall be elected at large from the entire Eleventh Chancery Court District and denominated for purposes of appointment and election as "Place Four" and shall have the powers and duties provided in Section 3 of this act. SECTION 15. Section 9-5-40, Mississippi Code of 1972, is amended as follows: 9-5-40. (1) There shall be * * * two (2) judges three (3) chancellors for the Twelfth Chancery Court District. (2) * * * The Two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two." (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Three" and shall have the powers and duties provided in Section 3 of this act. SECTION 16. Section 9-5-41, Mississippi Code of 1972, is amended as follows: 9-5-41. (1) The Thirteenth Chancery Court District is composed of the following counties: (a) Covington County; (b) Jefferson Davis County; (c) Lawrence County; (d) Simpson County; and (e) Smith County. (2) There shall be * * * two (2) three (3) chancellors for the Thirteenth Chancery Court District. * * * The(3) Two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two * * *.". (4) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Three" and shall have the powers and duties provided in Section 3 of this act. SECTION 17. Section 9-5-45, Mississippi Code of 1972, is amended as follows: 9-5-45. (1) There shall be * * * three (3) four (4) chancellors for the Fourteenth Chancery Court District. (2) The four (4) chancellorships shall be separate and distinct. (3) One (1) chancellor shall be elected from each subdistrict. (4) One (1) chancellor shall be elected at large from the entire Fourteenth Chancery Court District and denominated for purposes of appointment and election as "Place Four" and shall have the powers and duties provided in Section 3 of this act. SECTION 18. The following shall be codified as Section 9-5-48, Mississippi Code of 1972: 9-5-48. (1) There shall be two (2) chancellors for the Fifteenth Chancery Court District. (2) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election only as "Place One". (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Two" and shall have the powers and duties provided in Section 3 of this act. SECTION 19. Section 9-5-50, Mississippi Code of 1972, is amended as follows: 9-5-50. (1) There shall be * * * three (3) four (4) chancellors for the Sixteenth Chancery Court District. (2) * * * The Three (3) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One * * *,", "Place Two" and "Place Three * * *.". (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Three" and shall have the powers and duties provided in Section 3 of this act. SECTION 20. Section 9-5-51, Mississippi Code of 1972, is amended as follows: 9-5-51. (1) The Seventeenth Chancery Court District is composed of the following counties: (a) Adams County; (b) Claiborne County; (c) Jefferson County; and (d) Wilkinson County. (2) The Seventeenth Chancery Court District shall be divided into two (2) subdistricts as follows: (a) Subdistrict 17-1 shall consist of Claiborne County, Jefferson County, and the following precincts in Adams County: Airport Carpenter*, Convention Center*, Foster Mound, Maryland*, Northside School, Palestine, Pine Ridge, Thompson and Washington*. (b) Subdistrict 17-2 shall consist of Wilkinson County and the following precincts in Adams County: Beau Pre, Bellemont, By-Pass Fire Station, Carpenter*, Concord, Convention Center*, Courthouse, Duncan Park, Kingston, Liberty Park, Maryland*, Morgantown, Oakland and Washington*. (3) There shall be * * * two (2) three (3) chancellors for the Seventeenth Chancery Court District. (4) The three (3) chancellorships shall be separate and distinct. (5) One (1) chancellor shall be elected from each subdistrict. (6) One (1) chancellor shall be elected at large from the entire Seventeenth Chancery Court District and denominated for purposes of appointment and election as "Place Three" and shall have the powers and duties provided in Section 3 of this act. SECTION 21. Section 9-5-54, Mississippi Code of 1972, is amended as follows: 9-5-54. (1) There shall be * * * two (2) three (3) chancellors for the Eighteenth Chancery Court District. (2) * * * The Two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two." (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Three" and shall have the powers and duties provided in Section 3 of this act. SECTION 22. The following shall be codified as Section 9-5-56, Mississippi Code of 1972: 9-5-56. (1) There shall be two (2) chancellors for the Nineteenth Chancery Court District. (2) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election only as "Place One". (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Two" and shall have the powers and duties provided in Section 3 of this act. SECTION 23. Section 43-21-801, Mississippi Code of 1972, is brought forward as follows: 43-21-801. (1) There is established the Youth Court Support Program. The purpose of the program shall be to ensure that all youth courts have sufficient support funds to carry on the business of the youth court. The Administrative Office of Courts shall establish a formula consistent with this section for providing state support payable from the Youth Court Support Fund for the support of the youth courts. (a) (i) Each regular youth court referee is eligible for youth court support funds so long as the senior chancellor does not elect to employ a youth court administrator as set forth in paragraph (b); a municipal youth court judge is also eligible. The Administrative Office of Courts shall direct any funds to the appropriate county or municipality. The funds shall be utilized to compensate an intake officer who shall be responsible for ensuring that all intake and case information for the Department of Human Services - Division of Youth Services, truancy matters, and the Department of Child Protection Services is entered into the Mississippi Youth Court Information Delivery System (MYCIDS) in an accurate and timely manner. If the court already has an intake officer responsible for entering all cases of the Department of Human Services - Division of Youth Services, truancy matters, and the Department of Child Protection Services into MYCIDS, the regular youth court referee or municipal court judge may certify to the Administrative Office of Courts that such a person is already on staff. In such a case, each regular youth court referee or municipal youth court judge shall have the sole individual discretion to appropriate those funds as expense monies to assist in hiring secretarial staff and acquiring materials and equipment incidental to carrying on the business of the court within the private practice of law of the referee or judge, or may direct the use of those funds through the county or municipal budget for court support supplies or services. The regular youth court referee and municipal youth court judge shall be accountable for assuring through private, county or municipal employees the proper preparation and filing of all necessary tracking and other documentation attendant to the administration of the youth court. (ii) Title to all tangible property, excepting stamps, stationery and minor expendable office supplies, procured with funds authorized by this section, shall be and forever remain in the county or municipality to be used by the judge or referee during the term of his office and thereafter by his successors. (b) (i) When permitted by the Administrative Office of Courts and as funds are available, the senior chancellor for Chancery Districts One, Two, Three, Four, Six, Seven, Nine, Ten, Thirteen, Fourteen, Fifteen and Eighteen may appoint a youth court administrator for the district whose responsibility will be to perform all reporting, tracking and other duties of a court administrator for all youth courts in the district that are under the chancery court system. Any chancery district listed in this paragraph in which a chancellor appoints a referee or special master to hear any youth court matter is ineligible for funding under this paragraph (b). The Administrative Office of Courts may allocate to an eligible chancery district a sum not to exceed Thirty Thousand Dollars ($30,000.00) per year for the salary, fringe benefits and equipment of the youth court administrator, and an additional sum not to exceed One Thousand Nine Hundred Dollars ($1,900.00) for the administrator's travel expenses. (ii) The appointment of a youth court administrator shall be evidenced by the entry of an order on the minutes of the court. The person appointed shall serve at the will and pleasure of the senior chancellor but shall be an employee of the Administrative Office of Courts. (iii) The Administrative Office of Courts must approve the position, job description and salary before the position can be filled. The Administrative Office of Courts shall not approve any plan that does not first require the expenditure of the funds from the Youth Court Support Fund before expenditure of county funds is authorized for that purpose. (iv) Title to any tangible property procured with funds authorized under this paragraph shall be and forever remain in the State of Mississippi. (c) (i) Each county court is eligible for youth court support funds. The funds shall be utilized to provide compensation to an intake officer who shall be responsible for ensuring that all intake and case information for the Department of Human Services - Division of Youth Services, truancy matters, and the Department of Child Protection Services is entered into the Mississippi Youth Court Information Delivery System (MYCIDS) in an accurate and timely manner. If the county court already has an intake officer or other staff person responsible for entering all cases of the Department of Human Services - Division of Youth Services, truancy matters and the Department of Child Protection Services into MYCIDS, the senior county court judge may certify that such a person is already on staff. In such a case, the senior county court judge shall have discretion to direct the expenditure of those funds in hiring other support staff to carry on the business of the court. (ii) For the purposes of this paragraph, "support staff" means court administrators, law clerks, legal research assistants, secretaries, resource administrators or case managers appointed by a youth court judge, or any combination thereof, but shall not mean school attendance officers. (iii) The appointment of support staff shall be evidenced by the entry of an order on the minutes of the court. The support staff so appointed shall serve at the will and pleasure of the senior county court judge but shall be an employee of the county. (iv) The Administrative Office of Courts must approve the positions, job descriptions and salaries before the positions may be filled. The Administrative Office of Courts shall not approve any plan that does not first require the expenditure of funds from the Youth Court Support Fund before expenditure of county funds is authorized for that purpose. (v) The Administrative Office of Courts may approve expenditure from the fund for additional equipment for support staff appointed pursuant to this paragraph if the additional expenditure falls within the formula. Title to any tangible property procured with funds authorized under this paragraph shall be and forever remain in the county to be used by the youth court and support staff. (2) (a) (i) The formula developed by the Administrative Office of Courts for providing youth court support funds shall be devised so as to distribute appropriated funds proportional to caseload and other appropriate factors as set forth in regulations promulgated by the Administrative Office of Courts. The formula will determine a reasonable maximum amount per judge or referee per annum that will not be exceeded in allocating funds under this section. (ii) The formula shall be reviewed by the Administrative Office of Courts every two (2) years to ensure that the youth court support funds provided herein are proportional to each youth court's caseload and other specified factors. (iii) The Administrative Office of Courts shall have wide latitude in the first two-year cycle to implement a formula designed to maximize caseload data collection. (b) Application to receive funds under this section shall be submitted in accordance with procedures established by the Administrative Office of Courts. (c) Approval of the use of any of the youth court support funds distributed under this section shall be made by the Administrative Office of Courts in accordance with procedures established by the Administrative Office of Courts. (3) (a) There is created in the State Treasury a special fund to be designated as the "Youth Court Support Fund," which shall consist of funds appropriated or otherwise made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be distributed to the youth courts by the Administrative Office of Courts for the purposes described in this section. (b) (i) During the regular legislative session held in calendar year 2007, the Legislature may appropriate an amount not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Youth Court Support Fund. (ii) During each regular legislative session subsequent to the 2007 Regular Session, the Legislature shall appropriate Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Youth Court Support Fund. (c) No youth court judge or youth court referee shall be eligible to receive funding from the Youth Court Support Fund who has not received annual continuing education in the field of juvenile justice in an amount to conform with the requirements of the Rules and Regulations for Mandatory Continuing Judicial Education promulgated by the Supreme Court or received at least one (1) hour of annual continuing education concerning oversight of youth court intake officers and MYCIDS. The Administrative Office of Courts shall maintain records of all referees and youth court judges regarding such training and shall not disburse funds to any county or municipality for the budget of a youth court judge or referee who is not in compliance with the judicial training requirements. (4) Any recipient of funds from the Youth Court Support Fund shall not be eligible for continuing disbursement of funds if the recipient is not in compliance with the terms, conditions and reporting requirements set forth in the procedures promulgated by the Administrative Office of Courts. (5) The provisions of this section shall stand repealed on July 1, 2026. SECTION 24. Section 43-21-803, Mississippi Code of 1972, is brought forward as follows: 43-21-803. (1) There is established the Tony Gobar Individualized Assessment and Comprehensive Community Intervention Initiative (IACCII) Program for the purposes of: (a) (i) Providing comprehensive strength-based needs assessments, individualized treatment plans and community-based services for certain youth who would otherwise be committed to the training schools. The IACCII ensures that youth and their families can access necessary services available in their home communities; and (ii) Providing grants to faith-based organizations and nonprofit 501(c)(3) organizations that develop and operate community-based alternatives to the training schools and detention centers. In order to be eligible for a grant under this paragraph, a faith-based or nonprofit 501(c)(3) organization in cooperation with a youth court must develop and operate a juvenile justice alternative sanction designed for delinquent youths. The program must be designed to decrease reliance on commitment in juvenile detention facilities and training schools. (b) Programs established pursuant to this subsection must not duplicate existing programs or services and must incorporate best practices principles and positive behavioral interventions. The Department of Human Services shall have sole authority and power to determine the programs to be funded pursuant to this section. (2) A faith-based or nonprofit 501(c)(3) must submit an application to the Department of Human Services. The application must include a description of the purpose for which assistance is requested, the amount of assistance requested and any other information required by the Department of Human Services. (3) The Department of Human Services shall have all powers necessary to implement and administer the program established under this section, and the department shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this section. (4) (a) There is created in the State Treasury a special fund to be designated as the "Tony Gobar IACCII Fund," which shall consist of funds appropriated or otherwise made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be used by the Division of Youth Services for the purposes described in this section. (b) (i) During the regular legislative session held in calendar year 2007, the Legislature may appropriate an amount not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Tony Gobar IACCII Fund. (ii) During each regular legislative session subsequent to the 2007 Regular Session, the Legislature shall appropriate Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Tony Gobar IACCII Fund. SECTION 25. Candidates for the chancellorships created by this act shall run for those offices in the judicial election of November 2026. Candidates shall file the intent to be a candidate as provided by Section 23-15-977, and shall run for office and be elected as provided in Sections 23-15-974 through 23-15-985, which is the Nonpartisan Judicial Election Act. The term for the chancellors elected shall begin on January 1, 2027 and shall be as is provided for chancellors generally. SECTION 26. Section 43-21-111, Mississippi Code of 1972, which is the provision of law authorizing regular and special youth court referees, is repealed. SECTION 27. Sections 1 through 25 of this act shall take effect and be in force from and after January 1, 2026, and shall stand repealed on December 1, 2025. Section 26 shall take effect and be in force from and after January 1, 2027, and shall stand repealed on December 1, 2026. |
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| 1 | + | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Judiciary, Division A By: Senator(s) Wiggins Senate Bill 2769 (COMMITTEE SUBSTITUTE) AN ACT TO ENACT THE MISSISSIPPI YOUTH COURT CHANCELLOR ACT OF 2025; TO DEFINE TERMS; TO CREATE YOUTH COURT CHANCELLOR DIVISIONS WITHIN CERTAIN CHANCERY COURT DISTRICTS; TO CREATE THE OFFICE OF YOUTH COURT CHANCELLOR IN EACH OF THE DESIGNATED CHANCERY DISTRICTS; TO PROVIDE THAT ALL CAUSES AND DOCKETS IN THE DESIGNATED CHANCERY DISTRICTS, OTHER THAN THOSE CAUSES AND DOCKETS WITHIN A COUNTY YOUTH COURT ESTABLISHED UNDER SECTION 43-21-107, SHALL BE ASSIGNED TO THE YOUTH COURT CHANCELLOR; TO PROVIDE THAT IN THE CASE OF THE YOUTH COURT CHANCELLOR'S TEMPORARY ABSENCE FROM THE COUNTY OR DISTRICT, ANOTHER CHANCELLOR WITHIN THE DESIGNATED CHANCERY DISTRICT MAY TEMPORARILY SERVE IN THE YOUTH COURT DIVISION; TO PROVIDE THAT IN THE CASE OF ANOTHER CHANCELLOR'S TEMPORARY ABSENCE FROM THE COUNTY OR DISTRICT, THE YOUTH COURT CHANCELLOR MAY TEMPORARILY SERVE IN THE OTHER CHANCELLOR'S PLACE; TO PROVIDE THAT EACH YOUTH COURT CHANCELLOR SHALL RECEIVE AN OFFICE OPERATING ALLOWANCE; TO AUTHORIZE THE ADMINISTRATIVE OFFICE OF COURTS TO UTILIZE MYCIDS OR ANY OTHER CASE MANAGEMENT AND ELECTRONIC FILING SYSTEM TO EFFECTUATE THE PURPOSES OF THIS ACT; TO CREATE IN THE STATE TREASURY A SPECIAL FUND TO BE KNOWN AS THE CHANCERY YOUTH COURT DIVISION FUND; TO AUTHORIZE, AMONG OTHER PURPOSES, CAPITAL DISTRIBUTIONS, FOR THE ESTABLISHMENT OF THE DIVISIONS; TO AMEND SECTION 9-5-7, MISSISSIPPI CODE OF 1972, TO CONFORM; TO CREATE NEW SECTION 9-5-10, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTIONS 9-5-13, 9-5-15, 9-5-22, 9-5-25, 9-5-29, 9-5-33, 9-5-36, 9-5-38, 9-5-40, 9-5-41 AND 9-5-45, MISSISSIPPI CODE OF 1972, TO CONFORM; TO CREATE NEW SECTION 9-5-48, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 9-5-50, 9-5-51 AND 9-5-54, MISSISSIPPI CODE OF 1972, TO CONFORM; TO CREATE NEW SECTION 9-5-56, MISSISSIPPI CODE OF 1972, TO CONFORM; TO BRING FORWARD SECTIONS 43-21-801 AND 43-21-803, MISSISSIPPI CODE OF 1972, WHICH ARE PROVISIONS OF LAW RELATED TO THE YOUTH COURT SUPPORT PROGRAM, FOR THE PURPOSES OF POSSIBLE AMENDMENT; TO PROVIDE PROCEDURES FOR THE ELECTION OF CANDIDATES FOR THE CHANCELLORSHIPS CREATED BY THIS ACT; TO REPEAL SECTION 43-21-111, MISSISSIPPI CODE OF 1972, WHICH IS THE PROVISION OF LAW AUTHORIZING REGULAR AND SPECIAL YOUTH COURT REFEREES; AND FOR RELATED PURPOSES. WHEREAS, House Bill No. 1149, 2023 Regular Session, reauthorized the Mississippi Commission on a Uniform Youth Court System and Procedures; and WHEREAS, the Commission on a Uniform Youth Court System and Procedures presented its report to the Lieutenant Governor C. Delbert Hosemann, Jr., the Mississippi Senate, Speaker Jason White and the Mississippi House of Representatives on September 16, 2024; and WHEREAS, among other recommendations, the Commission on a Uniform Youth Court System and Procedures recommended the creation of Hybrid Youth Court structure in Mississippi, utilizing existing County Youth Courts, Youth Court Divisions within certain Chancery Court Districts and abolishing regular or special Youth Court referees; NOW, THEREFORE, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. This act shall be known and may be cited as the "Mississippi Youth Court Chancellor Act of 2025." SECTION 2. As used in this section, the following terms shall have the meaning ascribed herein: (a) "County youth court" means a youth court established under Section 43-21-107. (b) "Division" means a division established in Section 3 of this act. SECTION 3. (1) There is established a Youth Court Chancellor Division within the chancery court of each of the following chancery districts: (a) The First Chancery District; (b) The Second Chancery District; (c) The Third Chancery District; (d) The Fourth Chancery District; (e) The Sixth Chancery District; (f) The Seventh Chancery District; (g) The Eighth Chancery District; (h) The Ninth Chancery District; (i) The Tenth Chancery District; (j) The Eleventh Chancery District; (k) The Twelfth Chancery District; (l) The Thirteenth Chancery District; (m) The Fourteenth Chancery District; (n) The Fifteenth Chancery District; (o) The Sixteenth Chancery District; (p) The Seventeenth Chancery District; (q) The Eighteenth Chancery District; and (r) The Nineteenth Chancery District. (2) The division shall include, but is not limited to, the following components: (a) The Office of Youth Court Chancellor shall be created in each of the designated chancery districts which shall be separate and distinguishable from the other office or offices of chancellor for the district. (b) All causes and dockets in the designated chancery districts, other than those causes and dockets within a county youth court established under Section 43-21-107, shall be assigned to the youth court chancellor who shall have the right to set terms in the youth court division of the district. (c) The youth court chancellorship in each designated chancery district shall be separate and distinct and denominated for purposes of appointment and election as a separate "Place". The chancellor to fill the Place for youth court chancellor may be a resident of any county in the district and shall be by election to be held in every county within the district. (d) In the case of the youth court chancellor's temporary absence from the county or district, another chancellor within the designated chancery district may temporarily serve in the youth court division. In the case of another chancellor's temporary absence from the county or district, the youth court chancellor may temporarily serve in the other chancellor's place. (e) The youth court division of each designated chancery district shall encompass those counties within the chancery district without a county youth court established under Section 43-21-107. (f) The youth court division of each designated chancery district shall have exclusive jurisdiction over all youth court matters as set forth in Section 43-21-151 in the county or counties for which it is responsible. (g) Each youth court chancellor shall receive an office operating allowance and may make application to the Administrative Office of Courts for additional personnel as set forth in Section 9-1-36. (h) Each designated chancery district shall have one (1) intake officer who shall carry out the duties of the youth court intake unit set forth in Title 43, Chapter 21 for those counties within the chancery district without a county youth court established under Section 43-21-107. Each intake officer shall be hired by and be an employee of the Administrative Office of Courts. Each intake officer shall be housed within an office of a chancery clerk within the chancery district. (3) The Administrative Office of Courts is authorized to utilize the Mississippi Youth Court Information Delivery System (MYCIDS) or any other case management and electronic filing system to effectuate the purposes of this act regardless of any other rule or law to the contrary. SECTION 4. (1) There is created in the State Treasury a special fund to be known as the Chancery Youth Court Division Fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies in the fund shall be disbursed by the Administrative Office of Courts for the purpose of providing funding for the development and implementation of the divisions established by Section 3 of this act. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into such fund. Monies from the fund shall be distributed by the State Treasurer upon warrants issued by the Administrative Office of Courts. Monies in the fund shall consist of: (a) Monies appropriated by the Legislature; (b) The interest accruing to the fund; (c) Monies received from the federal government; (d) Donations; and/or (e) Monies received from such other sources as may be provided by law. (2) The Administrative Office of Courts is authorized and directed to pay the following expenses from the fund: (a) Compensation and expenses of each youth court chancellor the same as every other chancellor within the state; (b) Office operating allowance and compensation of support staff of each youth court chancellor the same as every other chancellor within the state; (c) Compensation of each intake officer; and (d) A capital improvement for each designated chancery district to be used solely for the purpose of establishing the youth court division of the district. SECTION 5. Section 9-5-7, Mississippi Code of 1972, is amended as follows: 9-5-7. (1) There shall be * * * four (4) five (5) chancellors for the First Chancery Court District. (2) * * * The Four (4) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One * * *,", "Place Two * * *,", "Place Three" and "Place Four * * *.". The chancellor to fill Place One must be a resident of Alcorn, Prentiss or Tishomingo County. The chancellors to fill Place Two and Place Three must reside in Itawamba, Lee, Monroe, Pontotoc or Union County. The chancellor to fill Place Four may be a resident of any county in the district. (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Five" and shall have the powers and duties provided in Section 3 of this act. (4) Election of the * * * four (4) five (5) offices of chancellor shall be by election to be held in every county within the First Chancery Court District. SECTION 6. The following shall be codified as Section 9-5-10, Mississippi Code of 1972: 9-5-10. (1) There shall be two (2) chancellors for the Second Chancery Court District. (2) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election only as "Place One". (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Two" and shall have the powers and duties provided in Section 3 of this act. SECTION 7. Section 9-5-13, Mississippi Code of 1972, is amended as follows: [Until January 1, 2027, this section shall read as follows:] 9-5-13. (1) There shall be three (3) chancellors for the Third Chancery Court District. (2) (a) The chancellor of Subdistrict 3-1 shall be elected from DeSoto County. The two (2) chancellors of Subdistrict 3-2 shall be elected from Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County. (b) For purposes of appointment and election, the three (3) chancellorships shall be separate and distinct. The chancellorship in Subdistrict 3-1 shall be denominated only as "Place One," and the chancellorships in Subdistrict 3-2 shall be denominated only as "Place Two" and "Place Three * * *.". [From and after January 1, 2027, this section shall read as follows:] 9-5-13. (1) There shall be * * * four (4) five (5) chancellors for the Third Chancery Court District. (2) (a) The two (2) chancellors of Subdistrict 3-1 shall be elected from DeSoto County. The two (2) chancellors of Subdistrict 3-2 shall be elected from Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County. (b) For purposes of appointment and election, the four (4) chancellorships shall be separate and distinct and denominated as "Place One * * *,", "Place Two * * *,", "Place Three" and "Place Four". The chancellorships in Subdistrict 3-1 shall be denominated only as "Place One" and "Place Four" and the chancellorships in Subdistrict 3-2 shall be denominated only as "Place Two" and "Place Three * * *.". (c) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Five" and shall have the powers and duties provided in Section 3 of this act. SECTION 8. Section 9-5-15, Mississippi Code of 1972, is amended as follows: 9-5-15. (1) The Fourth Chancery Court District is composed of the following counties: (a) Amite County; (b) Franklin County; (c) Pike County; and (d) Walthall County. (2) (a) There shall be * * * two (2) three (3) chancellors for the Fourth Chancery Court District. * * * The(b) Two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two * * *.". (c) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Three" and shall have the powers and duties provided in Section 3 of this act. SECTION 9. Section 9-5-22, Mississippi Code of 1972, is amended as follows: 9-5-22. (1) There shall be * * * two (2) three (3) chancellors for the Sixth Chancery Court District. (2) * * * The (a) Two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two * * *.". (b) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Three" and shall have the powers and duties provided in Section 3 of this act. SECTION 10. Section 9-5-25, Mississippi Code of 1972, is amended as follows: 9-5-25. (1) There shall be * * * three (3) four (4) chancellors for the Seventh Chancery Court District. (2) The * * * three (3) four (4) chancellorships shall be separate and distinct. (3) One (1) chancellor shall be elected from Subdistrict 7-1 and shall be denominated for purposes of appointment and election only as "Place One * * *,", and two (2) chancellors shall be elected from Subdistrict 7-2 and shall be denominated for purposes of appointment and election only as "Place Two" and "Place Three * * *.". (4) One (1) chancellor shall be separate and distinct and denominated for purposes of appointment and election as "Place Four" and shall have the powers and duties provided in Section 3 of this act and shall be elected by election to be held in every county within the Seventh Chancery Court District. SECTION 11. Section 9-5-29, Mississippi Code of 1972, is amended as follows: 9-5-29. (1) There shall be * * * four (4) five (5) chancellors for the Eighth Chancery Court District. (2) The four (4) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two," "Place Three" and "Place Four." (3) While there shall be no limitation whatsoever upon the powers and duties of the four (4) chancellors elected under subsection (2) of this section other than as cast upon them by the Constitution and laws of this state, the court in the Eighth Chancery Court District, in the discretion of the senior chancellor, may be divided into four (4) divisions as a matter of convenience by the entry of an order upon the minutes of the court. (4) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Five" and shall have the powers and duties provided in Section 3 of this act. SECTION 12. Section 9-5-33, Mississippi Code of 1972, is amended as follows: 9-5-33. There shall be * * * three (3) four (4) chancellors for the Ninth Chancery Court District. One (1) chancellor shall be elected from each subdistrict. One (1) chancellor shall be separate and distinct and denominated for purposes of appointment and election as "Place Four" and shall have the powers and duties provided in Section 3 of this act. SECTION 13. Section 9-5-36, Mississippi Code of 1972, is amended as follows: 9-5-36. (1) There shall be * * * four (4) five (5) chancellors for the Tenth Chancery Court District. (2) * * * The Four (4) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One * * *,", "Place Two * * *,", "Place Three" and "Place Four * * *.". The chancellor to fill Place One and Place Four may be a resident of any county in the district. The chancellor to fill Place Two must be a resident of Lamar, Marion, Pearl River or Perry County. The chancellor to fill Place Three must be a resident of Forrest County. (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Five" and shall have the powers and duties provided in Section 3 of this act. ( * * *34) Election of the * * * four (4) five (5) offices of chancellor shall be by election to be held in every county within the Tenth Chancery Court District. SECTION 14. Section 9-5-38, Mississippi Code of 1972, is amended as follows: 9-5-38. There shall be * * * three (3) four (4) chancellors for the Eleventh Chancery Court District. The three (3) chancellorships shall be separate and distinct. One (1) chancellor shall be elected from Subdistrict 11-1 and denominated for purposes of appointment and election only as "Place One * * *,", one (1) chancellor shall be elected from Subdistrict 11-2 and denominated for purposes of appointment and election only as "Place Two * * *,", and one (1) chancellor shall be elected at large from the entire Eleventh Chancery Court District and denominated for purposes of appointment and election only as "Place Three * * *.", and one (1) chancellor shall be elected at large from the entire Eleventh Chancery Court District and denominated for purposes of appointment and election as "Place Four" and shall have the powers and duties provided in Section 3 of this act. SECTION 15. Section 9-5-40, Mississippi Code of 1972, is amended as follows: 9-5-40. (1) There shall be * * * two (2) judges three (3) chancellors for the Twelfth Chancery Court District. (2) * * * The Two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two." (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Three" and shall have the powers and duties provided in Section 3 of this act. SECTION 16. Section 9-5-41, Mississippi Code of 1972, is amended as follows: 9-5-41. (1) The Thirteenth Chancery Court District is composed of the following counties: (a) Covington County; (b) Jefferson Davis County; (c) Lawrence County; (d) Simpson County; and (e) Smith County. (2) There shall be * * * two (2) three (3) chancellors for the Thirteenth Chancery Court District. * * * The(3) Two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two * * *.". (4) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Three" and shall have the powers and duties provided in Section 3 of this act. SECTION 17. Section 9-5-45, Mississippi Code of 1972, is amended as follows: 9-5-45. (1) There shall be * * * three (3) four (4) chancellors for the Fourteenth Chancery Court District. (2) The four (4) chancellorships shall be separate and distinct. (3) One (1) chancellor shall be elected from each subdistrict. (4) One (1) chancellor shall be elected at large from the entire Fourteenth Chancery Court District and denominated for purposes of appointment and election as "Place Four" and shall have the powers and duties provided in Section 3 of this act. SECTION 18. The following shall be codified as Section 9-5-48, Mississippi Code of 1972: 9-5-48. (1) There shall be two (2) chancellors for the Fifteenth Chancery Court District. (2) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election only as "Place One". (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Two" and shall have the powers and duties provided in Section 3 of this act. SECTION 19. Section 9-5-50, Mississippi Code of 1972, is amended as follows: 9-5-50. (1) There shall be * * * three (3) four (4) chancellors for the Sixteenth Chancery Court District. (2) * * * The Three (3) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One * * *,", "Place Two" and "Place Three * * *.". (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Three" and shall have the powers and duties provided in Section 3 of this act. SECTION 20. Section 9-5-51, Mississippi Code of 1972, is amended as follows: 9-5-51. (1) The Seventeenth Chancery Court District is composed of the following counties: (a) Adams County; (b) Claiborne County; (c) Jefferson County; and (d) Wilkinson County. (2) The Seventeenth Chancery Court District shall be divided into two (2) subdistricts as follows: (a) Subdistrict 17-1 shall consist of Claiborne County, Jefferson County, and the following precincts in Adams County: Airport Carpenter*, Convention Center*, Foster Mound, Maryland*, Northside School, Palestine, Pine Ridge, Thompson and Washington*. (b) Subdistrict 17-2 shall consist of Wilkinson County and the following precincts in Adams County: Beau Pre, Bellemont, By-Pass Fire Station, Carpenter*, Concord, Convention Center*, Courthouse, Duncan Park, Kingston, Liberty Park, Maryland*, Morgantown, Oakland and Washington*. (3) There shall be * * * two (2) three (3) chancellors for the Seventeenth Chancery Court District. (4) The three (3) chancellorships shall be separate and distinct. (5) One (1) chancellor shall be elected from each subdistrict. (6) One (1) chancellor shall be elected at large from the entire Seventeenth Chancery Court District and denominated for purposes of appointment and election as "Place Three" and shall have the powers and duties provided in Section 3 of this act. SECTION 21. Section 9-5-54, Mississippi Code of 1972, is amended as follows: 9-5-54. (1) There shall be * * * two (2) three (3) chancellors for the Eighteenth Chancery Court District. (2) * * * The Two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two." (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Three" and shall have the powers and duties provided in Section 3 of this act. SECTION 22. The following shall be codified as Section 9-5-56, Mississippi Code of 1972: 9-5-56. (1) There shall be two (2) chancellors for the Nineteenth Chancery Court District. (2) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election only as "Place One". (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Two" and shall have the powers and duties provided in Section 3 of this act. SECTION 23. Section 43-21-801, Mississippi Code of 1972, is brought forward as follows: 43-21-801. (1) There is established the Youth Court Support Program. The purpose of the program shall be to ensure that all youth courts have sufficient support funds to carry on the business of the youth court. The Administrative Office of Courts shall establish a formula consistent with this section for providing state support payable from the Youth Court Support Fund for the support of the youth courts. (a) (i) Each regular youth court referee is eligible for youth court support funds so long as the senior chancellor does not elect to employ a youth court administrator as set forth in paragraph (b); a municipal youth court judge is also eligible. The Administrative Office of Courts shall direct any funds to the appropriate county or municipality. The funds shall be utilized to compensate an intake officer who shall be responsible for ensuring that all intake and case information for the Department of Human Services - Division of Youth Services, truancy matters, and the Department of Child Protection Services is entered into the Mississippi Youth Court Information Delivery System (MYCIDS) in an accurate and timely manner. If the court already has an intake officer responsible for entering all cases of the Department of Human Services - Division of Youth Services, truancy matters, and the Department of Child Protection Services into MYCIDS, the regular youth court referee or municipal court judge may certify to the Administrative Office of Courts that such a person is already on staff. In such a case, each regular youth court referee or municipal youth court judge shall have the sole individual discretion to appropriate those funds as expense monies to assist in hiring secretarial staff and acquiring materials and equipment incidental to carrying on the business of the court within the private practice of law of the referee or judge, or may direct the use of those funds through the county or municipal budget for court support supplies or services. The regular youth court referee and municipal youth court judge shall be accountable for assuring through private, county or municipal employees the proper preparation and filing of all necessary tracking and other documentation attendant to the administration of the youth court. (ii) Title to all tangible property, excepting stamps, stationery and minor expendable office supplies, procured with funds authorized by this section, shall be and forever remain in the county or municipality to be used by the judge or referee during the term of his office and thereafter by his successors. (b) (i) When permitted by the Administrative Office of Courts and as funds are available, the senior chancellor for Chancery Districts One, Two, Three, Four, Six, Seven, Nine, Ten, Thirteen, Fourteen, Fifteen and Eighteen may appoint a youth court administrator for the district whose responsibility will be to perform all reporting, tracking and other duties of a court administrator for all youth courts in the district that are under the chancery court system. Any chancery district listed in this paragraph in which a chancellor appoints a referee or special master to hear any youth court matter is ineligible for funding under this paragraph (b). The Administrative Office of Courts may allocate to an eligible chancery district a sum not to exceed Thirty Thousand Dollars ($30,000.00) per year for the salary, fringe benefits and equipment of the youth court administrator, and an additional sum not to exceed One Thousand Nine Hundred Dollars ($1,900.00) for the administrator's travel expenses. (ii) The appointment of a youth court administrator shall be evidenced by the entry of an order on the minutes of the court. The person appointed shall serve at the will and pleasure of the senior chancellor but shall be an employee of the Administrative Office of Courts. (iii) The Administrative Office of Courts must approve the position, job description and salary before the position can be filled. The Administrative Office of Courts shall not approve any plan that does not first require the expenditure of the funds from the Youth Court Support Fund before expenditure of county funds is authorized for that purpose. (iv) Title to any tangible property procured with funds authorized under this paragraph shall be and forever remain in the State of Mississippi. (c) (i) Each county court is eligible for youth court support funds. The funds shall be utilized to provide compensation to an intake officer who shall be responsible for ensuring that all intake and case information for the Department of Human Services - Division of Youth Services, truancy matters, and the Department of Child Protection Services is entered into the Mississippi Youth Court Information Delivery System (MYCIDS) in an accurate and timely manner. If the county court already has an intake officer or other staff person responsible for entering all cases of the Department of Human Services - Division of Youth Services, truancy matters and the Department of Child Protection Services into MYCIDS, the senior county court judge may certify that such a person is already on staff. In such a case, the senior county court judge shall have discretion to direct the expenditure of those funds in hiring other support staff to carry on the business of the court. (ii) For the purposes of this paragraph, "support staff" means court administrators, law clerks, legal research assistants, secretaries, resource administrators or case managers appointed by a youth court judge, or any combination thereof, but shall not mean school attendance officers. (iii) The appointment of support staff shall be evidenced by the entry of an order on the minutes of the court. The support staff so appointed shall serve at the will and pleasure of the senior county court judge but shall be an employee of the county. (iv) The Administrative Office of Courts must approve the positions, job descriptions and salaries before the positions may be filled. The Administrative Office of Courts shall not approve any plan that does not first require the expenditure of funds from the Youth Court Support Fund before expenditure of county funds is authorized for that purpose. (v) The Administrative Office of Courts may approve expenditure from the fund for additional equipment for support staff appointed pursuant to this paragraph if the additional expenditure falls within the formula. Title to any tangible property procured with funds authorized under this paragraph shall be and forever remain in the county to be used by the youth court and support staff. (2) (a) (i) The formula developed by the Administrative Office of Courts for providing youth court support funds shall be devised so as to distribute appropriated funds proportional to caseload and other appropriate factors as set forth in regulations promulgated by the Administrative Office of Courts. The formula will determine a reasonable maximum amount per judge or referee per annum that will not be exceeded in allocating funds under this section. (ii) The formula shall be reviewed by the Administrative Office of Courts every two (2) years to ensure that the youth court support funds provided herein are proportional to each youth court's caseload and other specified factors. (iii) The Administrative Office of Courts shall have wide latitude in the first two-year cycle to implement a formula designed to maximize caseload data collection. (b) Application to receive funds under this section shall be submitted in accordance with procedures established by the Administrative Office of Courts. (c) Approval of the use of any of the youth court support funds distributed under this section shall be made by the Administrative Office of Courts in accordance with procedures established by the Administrative Office of Courts. (3) (a) There is created in the State Treasury a special fund to be designated as the "Youth Court Support Fund," which shall consist of funds appropriated or otherwise made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be distributed to the youth courts by the Administrative Office of Courts for the purposes described in this section. (b) (i) During the regular legislative session held in calendar year 2007, the Legislature may appropriate an amount not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Youth Court Support Fund. (ii) During each regular legislative session subsequent to the 2007 Regular Session, the Legislature shall appropriate Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Youth Court Support Fund. (c) No youth court judge or youth court referee shall be eligible to receive funding from the Youth Court Support Fund who has not received annual continuing education in the field of juvenile justice in an amount to conform with the requirements of the Rules and Regulations for Mandatory Continuing Judicial Education promulgated by the Supreme Court or received at least one (1) hour of annual continuing education concerning oversight of youth court intake officers and MYCIDS. The Administrative Office of Courts shall maintain records of all referees and youth court judges regarding such training and shall not disburse funds to any county or municipality for the budget of a youth court judge or referee who is not in compliance with the judicial training requirements. (4) Any recipient of funds from the Youth Court Support Fund shall not be eligible for continuing disbursement of funds if the recipient is not in compliance with the terms, conditions and reporting requirements set forth in the procedures promulgated by the Administrative Office of Courts. (5) The provisions of this section shall stand repealed on July 1, 2026. SECTION 24. Section 43-21-803, Mississippi Code of 1972, is brought forward as follows: 43-21-803. (1) There is established the Tony Gobar Individualized Assessment and Comprehensive Community Intervention Initiative (IACCII) Program for the purposes of: (a) (i) Providing comprehensive strength-based needs assessments, individualized treatment plans and community-based services for certain youth who would otherwise be committed to the training schools. The IACCII ensures that youth and their families can access necessary services available in their home communities; and (ii) Providing grants to faith-based organizations and nonprofit 501(c)(3) organizations that develop and operate community-based alternatives to the training schools and detention centers. In order to be eligible for a grant under this paragraph, a faith-based or nonprofit 501(c)(3) organization in cooperation with a youth court must develop and operate a juvenile justice alternative sanction designed for delinquent youths. The program must be designed to decrease reliance on commitment in juvenile detention facilities and training schools. (b) Programs established pursuant to this subsection must not duplicate existing programs or services and must incorporate best practices principles and positive behavioral interventions. The Department of Human Services shall have sole authority and power to determine the programs to be funded pursuant to this section. (2) A faith-based or nonprofit 501(c)(3) must submit an application to the Department of Human Services. The application must include a description of the purpose for which assistance is requested, the amount of assistance requested and any other information required by the Department of Human Services. (3) The Department of Human Services shall have all powers necessary to implement and administer the program established under this section, and the department shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this section. (4) (a) There is created in the State Treasury a special fund to be designated as the "Tony Gobar IACCII Fund," which shall consist of funds appropriated or otherwise made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be used by the Division of Youth Services for the purposes described in this section. (b) (i) During the regular legislative session held in calendar year 2007, the Legislature may appropriate an amount not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Tony Gobar IACCII Fund. (ii) During each regular legislative session subsequent to the 2007 Regular Session, the Legislature shall appropriate Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Tony Gobar IACCII Fund. SECTION 25. Candidates for the chancellorships created by this act shall run for those offices in the judicial election of November 2026. Candidates shall file the intent to be a candidate as provided by Section 23-15-977, and shall run for office and be elected as provided in Sections 23-15-974 through 23-15-985, which is the Nonpartisan Judicial Election Act. The term for the chancellors elected shall begin on January 1, 2027 and shall be as is provided for chancellors generally. SECTION 26. Section 43-21-111, Mississippi Code of 1972, which is the provision of law authorizing regular and special youth court referees, is repealed. SECTION 27. Sections 1 through 25 of this act shall take effect and be in force from and after January 1, 2026, and shall stand repealed on December 1, 2025. Section 26 shall take effect and be in force from and after January 1, 2027, and shall stand repealed on December 1, 2026. |
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| 14 | 14 | | |
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| 15 | 15 | | AN ACT TO ENACT THE MISSISSIPPI YOUTH COURT CHANCELLOR ACT OF 2025; TO DEFINE TERMS; TO CREATE YOUTH COURT CHANCELLOR DIVISIONS WITHIN CERTAIN CHANCERY COURT DISTRICTS; TO CREATE THE OFFICE OF YOUTH COURT CHANCELLOR IN EACH OF THE DESIGNATED CHANCERY DISTRICTS; TO PROVIDE THAT ALL CAUSES AND DOCKETS IN THE DESIGNATED CHANCERY DISTRICTS, OTHER THAN THOSE CAUSES AND DOCKETS WITHIN A COUNTY YOUTH COURT ESTABLISHED UNDER SECTION 43-21-107, SHALL BE ASSIGNED TO THE YOUTH COURT CHANCELLOR; TO PROVIDE THAT IN THE CASE OF THE YOUTH COURT CHANCELLOR'S TEMPORARY ABSENCE FROM THE COUNTY OR DISTRICT, ANOTHER CHANCELLOR WITHIN THE DESIGNATED CHANCERY DISTRICT MAY TEMPORARILY SERVE IN THE YOUTH COURT DIVISION; TO PROVIDE THAT IN THE CASE OF ANOTHER CHANCELLOR'S TEMPORARY ABSENCE FROM THE COUNTY OR DISTRICT, THE YOUTH COURT CHANCELLOR MAY TEMPORARILY SERVE IN THE OTHER CHANCELLOR'S PLACE; TO PROVIDE THAT EACH YOUTH COURT CHANCELLOR SHALL RECEIVE AN OFFICE OPERATING ALLOWANCE; TO AUTHORIZE THE ADMINISTRATIVE OFFICE OF COURTS TO UTILIZE MYCIDS OR ANY OTHER CASE MANAGEMENT AND ELECTRONIC FILING SYSTEM TO EFFECTUATE THE PURPOSES OF THIS ACT; TO CREATE IN THE STATE TREASURY A SPECIAL FUND TO BE KNOWN AS THE CHANCERY YOUTH COURT DIVISION FUND; TO AUTHORIZE, AMONG OTHER PURPOSES, CAPITAL DISTRIBUTIONS, FOR THE ESTABLISHMENT OF THE DIVISIONS; TO AMEND SECTION 9-5-7, MISSISSIPPI CODE OF 1972, TO CONFORM; TO CREATE NEW SECTION 9-5-10, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTIONS 9-5-13, 9-5-15, 9-5-22, 9-5-25, 9-5-29, 9-5-33, 9-5-36, 9-5-38, 9-5-40, 9-5-41 AND 9-5-45, MISSISSIPPI CODE OF 1972, TO CONFORM; TO CREATE NEW SECTION 9-5-48, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 9-5-50, 9-5-51 AND 9-5-54, MISSISSIPPI CODE OF 1972, TO CONFORM; TO CREATE NEW SECTION 9-5-56, MISSISSIPPI CODE OF 1972, TO CONFORM; TO BRING FORWARD SECTIONS 43-21-801 AND 43-21-803, MISSISSIPPI CODE OF 1972, WHICH ARE PROVISIONS OF LAW RELATED TO THE YOUTH COURT SUPPORT PROGRAM, FOR THE PURPOSES OF POSSIBLE AMENDMENT; TO PROVIDE PROCEDURES FOR THE ELECTION OF CANDIDATES FOR THE CHANCELLORSHIPS CREATED BY THIS ACT; TO REPEAL SECTION 43-21-111, MISSISSIPPI CODE OF 1972, WHICH IS THE PROVISION OF LAW AUTHORIZING REGULAR AND SPECIAL YOUTH COURT REFEREES; AND FOR RELATED PURPOSES. |
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| 16 | 16 | | |
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| 17 | 17 | | WHEREAS, House Bill No. 1149, 2023 Regular Session, reauthorized the Mississippi Commission on a Uniform Youth Court System and Procedures; and |
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| 18 | 18 | | |
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| 19 | 19 | | WHEREAS, the Commission on a Uniform Youth Court System and Procedures presented its report to the Lieutenant Governor C. Delbert Hosemann, Jr., the Mississippi Senate, Speaker Jason White and the Mississippi House of Representatives on September 16, 2024; and |
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| 20 | 20 | | |
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| 21 | 21 | | WHEREAS, among other recommendations, the Commission on a Uniform Youth Court System and Procedures recommended the creation of Hybrid Youth Court structure in Mississippi, utilizing existing County Youth Courts, Youth Court Divisions within certain Chancery Court Districts and abolishing regular or special Youth Court referees; NOW, THEREFORE, |
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| 22 | 22 | | |
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| 23 | 23 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 24 | 24 | | |
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| 25 | 25 | | SECTION 1. This act shall be known and may be cited as the "Mississippi Youth Court Chancellor Act of 2025." |
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| 26 | 26 | | |
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| 27 | 27 | | SECTION 2. As used in this section, the following terms shall have the meaning ascribed herein: |
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| 28 | 28 | | |
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| 29 | 29 | | (a) "County youth court" means a youth court established under Section 43-21-107. |
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| 30 | 30 | | |
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| 31 | 31 | | (b) "Division" means a division established in Section 3 of this act. |
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| 32 | 32 | | |
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| 33 | 33 | | SECTION 3. (1) There is established a Youth Court Chancellor Division within the chancery court of each of the following chancery districts: |
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| 34 | 34 | | |
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| 35 | 35 | | (a) The First Chancery District; |
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| 36 | 36 | | |
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| 37 | 37 | | (b) The Second Chancery District; |
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| 38 | 38 | | |
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| 39 | 39 | | (c) The Third Chancery District; |
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| 40 | 40 | | |
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| 41 | 41 | | (d) The Fourth Chancery District; |
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| 42 | 42 | | |
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| 43 | 43 | | (e) The Sixth Chancery District; |
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| 44 | 44 | | |
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| 45 | 45 | | (f) The Seventh Chancery District; |
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| 46 | 46 | | |
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| 47 | 47 | | (g) The Eighth Chancery District; |
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| 48 | 48 | | |
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| 49 | 49 | | (h) The Ninth Chancery District; |
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| 50 | 50 | | |
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| 51 | 51 | | (i) The Tenth Chancery District; |
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| 52 | 52 | | |
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| 53 | 53 | | (j) The Eleventh Chancery District; |
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| 54 | 54 | | |
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| 55 | 55 | | (k) The Twelfth Chancery District; |
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| 56 | 56 | | |
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| 57 | 57 | | (l) The Thirteenth Chancery District; |
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| 58 | 58 | | |
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| 59 | 59 | | (m) The Fourteenth Chancery District; |
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| 60 | 60 | | |
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| 61 | 61 | | (n) The Fifteenth Chancery District; |
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| 62 | 62 | | |
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| 63 | 63 | | (o) The Sixteenth Chancery District; |
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| 64 | 64 | | |
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| 65 | 65 | | (p) The Seventeenth Chancery District; |
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| 66 | 66 | | |
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| 67 | 67 | | (q) The Eighteenth Chancery District; and |
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| 68 | 68 | | |
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| 69 | 69 | | (r) The Nineteenth Chancery District. |
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| 70 | 70 | | |
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| 71 | 71 | | (2) The division shall include, but is not limited to, the following components: |
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| 72 | 72 | | |
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| 73 | 73 | | (a) The Office of Youth Court Chancellor shall be created in each of the designated chancery districts which shall be separate and distinguishable from the other office or offices of chancellor for the district. |
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| 74 | 74 | | |
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| 75 | 75 | | (b) All causes and dockets in the designated chancery districts, other than those causes and dockets within a county youth court established under Section 43-21-107, shall be assigned to the youth court chancellor who shall have the right to set terms in the youth court division of the district. |
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| 76 | 76 | | |
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| 77 | 77 | | (c) The youth court chancellorship in each designated chancery district shall be separate and distinct and denominated for purposes of appointment and election as a separate "Place". The chancellor to fill the Place for youth court chancellor may be a resident of any county in the district and shall be by election to be held in every county within the district. |
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| 78 | 78 | | |
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| 79 | 79 | | (d) In the case of the youth court chancellor's temporary absence from the county or district, another chancellor within the designated chancery district may temporarily serve in the youth court division. In the case of another chancellor's temporary absence from the county or district, the youth court chancellor may temporarily serve in the other chancellor's place. |
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| 80 | 80 | | |
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| 81 | 81 | | (e) The youth court division of each designated chancery district shall encompass those counties within the chancery district without a county youth court established under Section 43-21-107. |
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| 82 | 82 | | |
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| 83 | 83 | | (f) The youth court division of each designated chancery district shall have exclusive jurisdiction over all youth court matters as set forth in Section 43-21-151 in the county or counties for which it is responsible. |
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| 84 | 84 | | |
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| 85 | 85 | | (g) Each youth court chancellor shall receive an office operating allowance and may make application to the Administrative Office of Courts for additional personnel as set forth in Section 9-1-36. |
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| 86 | 86 | | |
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| 87 | 87 | | (h) Each designated chancery district shall have one (1) intake officer who shall carry out the duties of the youth court intake unit set forth in Title 43, Chapter 21 for those counties within the chancery district without a county youth court established under Section 43-21-107. Each intake officer shall be hired by and be an employee of the Administrative Office of Courts. Each intake officer shall be housed within an office of a chancery clerk within the chancery district. |
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| 88 | 88 | | |
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| 89 | 89 | | (3) The Administrative Office of Courts is authorized to utilize the Mississippi Youth Court Information Delivery System (MYCIDS) or any other case management and electronic filing system to effectuate the purposes of this act regardless of any other rule or law to the contrary. |
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| 90 | 90 | | |
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| 91 | 91 | | SECTION 4. (1) There is created in the State Treasury a special fund to be known as the Chancery Youth Court Division Fund. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Monies in the fund shall be disbursed by the Administrative Office of Courts for the purpose of providing funding for the development and implementation of the divisions established by Section 3 of this act. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into such fund. Monies from the fund shall be distributed by the State Treasurer upon warrants issued by the Administrative Office of Courts. Monies in the fund shall consist of: |
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| 92 | 92 | | |
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| 93 | 93 | | (a) Monies appropriated by the Legislature; |
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| 94 | 94 | | |
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| 95 | 95 | | (b) The interest accruing to the fund; |
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| 96 | 96 | | |
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| 97 | 97 | | (c) Monies received from the federal government; |
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| 98 | 98 | | |
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| 99 | 99 | | (d) Donations; and/or |
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| 100 | 100 | | |
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| 101 | 101 | | (e) Monies received from such other sources as may be provided by law. |
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| 102 | 102 | | |
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| 103 | 103 | | (2) The Administrative Office of Courts is authorized and directed to pay the following expenses from the fund: |
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| 104 | 104 | | |
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| 105 | 105 | | (a) Compensation and expenses of each youth court chancellor the same as every other chancellor within the state; |
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| 106 | 106 | | |
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| 107 | 107 | | (b) Office operating allowance and compensation of support staff of each youth court chancellor the same as every other chancellor within the state; |
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| 108 | 108 | | |
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| 109 | 109 | | (c) Compensation of each intake officer; and |
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| 110 | 110 | | |
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| 111 | 111 | | (d) A capital improvement for each designated chancery district to be used solely for the purpose of establishing the youth court division of the district. |
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| 112 | 112 | | |
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| 113 | 113 | | SECTION 5. Section 9-5-7, Mississippi Code of 1972, is amended as follows: |
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| 114 | 114 | | |
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| 115 | 115 | | 9-5-7. (1) There shall be * * * four (4) five (5) chancellors for the First Chancery Court District. |
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| 116 | 116 | | |
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| 117 | 117 | | (2) * * * The Four (4) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One * * *,", "Place Two * * *,", "Place Three" and "Place Four * * *.". The chancellor to fill Place One must be a resident of Alcorn, Prentiss or Tishomingo County. The chancellors to fill Place Two and Place Three must reside in Itawamba, Lee, Monroe, Pontotoc or Union County. The chancellor to fill Place Four may be a resident of any county in the district. |
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| 118 | 118 | | |
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| 119 | 119 | | (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Five" and shall have the powers and duties provided in Section 3 of this act. |
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| 120 | 120 | | |
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| 121 | 121 | | (4) Election of the * * * four (4) five (5) offices of chancellor shall be by election to be held in every county within the First Chancery Court District. |
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| 122 | 122 | | |
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| 123 | 123 | | SECTION 6. The following shall be codified as Section 9-5-10, Mississippi Code of 1972: |
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| 124 | 124 | | |
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| 125 | 125 | | 9-5-10. (1) There shall be two (2) chancellors for the Second Chancery Court District. |
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| 126 | 126 | | |
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| 127 | 127 | | (2) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election only as "Place One". |
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| 128 | 128 | | |
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| 129 | 129 | | (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Two" and shall have the powers and duties provided in Section 3 of this act. |
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| 130 | 130 | | |
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| 131 | 131 | | SECTION 7. Section 9-5-13, Mississippi Code of 1972, is amended as follows: |
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| 132 | 132 | | |
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| 133 | 133 | | [Until January 1, 2027, this section shall read as follows:] |
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| 134 | 134 | | |
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| 135 | 135 | | 9-5-13. (1) There shall be three (3) chancellors for the Third Chancery Court District. |
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| 136 | 136 | | |
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| 137 | 137 | | (2) (a) The chancellor of Subdistrict 3-1 shall be elected from DeSoto County. The two (2) chancellors of Subdistrict 3-2 shall be elected from Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County. |
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| 138 | 138 | | |
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| 139 | 139 | | (b) For purposes of appointment and election, the three (3) chancellorships shall be separate and distinct. The chancellorship in Subdistrict 3-1 shall be denominated only as "Place One," and the chancellorships in Subdistrict 3-2 shall be denominated only as "Place Two" and "Place Three * * *.". |
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| 140 | 140 | | |
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| 141 | 141 | | [From and after January 1, 2027, this section shall read as follows:] |
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| 142 | 142 | | |
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| 143 | 143 | | 9-5-13. (1) There shall be * * * four (4) five (5) chancellors for the Third Chancery Court District. |
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| 144 | 144 | | |
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| 145 | 145 | | (2) (a) The two (2) chancellors of Subdistrict 3-1 shall be elected from DeSoto County. The two (2) chancellors of Subdistrict 3-2 shall be elected from Grenada County, Montgomery County, Panola County, Tate County and Yalobusha County. |
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| 146 | 146 | | |
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| 147 | 147 | | (b) For purposes of appointment and election, the four (4) chancellorships shall be separate and distinct and denominated as "Place One * * *,", "Place Two * * *,", "Place Three" and "Place Four". The chancellorships in Subdistrict 3-1 shall be denominated only as "Place One" and "Place Four" and the chancellorships in Subdistrict 3-2 shall be denominated only as "Place Two" and "Place Three * * *.". |
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| 148 | 148 | | |
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| 149 | 149 | | (c) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Five" and shall have the powers and duties provided in Section 3 of this act. |
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| 150 | 150 | | |
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| 151 | 151 | | SECTION 8. Section 9-5-15, Mississippi Code of 1972, is amended as follows: |
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| 152 | 152 | | |
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| 153 | 153 | | 9-5-15. (1) The Fourth Chancery Court District is composed of the following counties: |
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| 154 | 154 | | |
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| 155 | 155 | | (a) Amite County; |
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| 156 | 156 | | |
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| 157 | 157 | | (b) Franklin County; |
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| 158 | 158 | | |
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| 159 | 159 | | (c) Pike County; and |
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| 160 | 160 | | |
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| 161 | 161 | | (d) Walthall County. |
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| 162 | 162 | | |
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| 163 | 163 | | (2) (a) There shall be * * * two (2) three (3) chancellors for the Fourth Chancery Court District. |
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| 164 | 164 | | |
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| 165 | 165 | | * * * The(b) Two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two * * *.". |
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| 166 | 166 | | |
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| 167 | 167 | | (c) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Three" and shall have the powers and duties provided in Section 3 of this act. |
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| 168 | 168 | | |
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| 169 | 169 | | SECTION 9. Section 9-5-22, Mississippi Code of 1972, is amended as follows: |
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| 170 | 170 | | |
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| 171 | 171 | | 9-5-22. (1) There shall be * * * two (2) three (3) chancellors for the Sixth Chancery Court District. |
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| 172 | 172 | | |
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| 173 | 173 | | (2) * * * The (a) Two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two * * *.". |
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| 174 | 174 | | |
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| 175 | 175 | | (b) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Three" and shall have the powers and duties provided in Section 3 of this act. |
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| 176 | 176 | | |
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| 177 | 177 | | SECTION 10. Section 9-5-25, Mississippi Code of 1972, is amended as follows: |
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| 178 | 178 | | |
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| 179 | 179 | | 9-5-25. (1) There shall be * * * three (3) four (4) chancellors for the Seventh Chancery Court District. |
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| 180 | 180 | | |
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| 181 | 181 | | (2) The * * * three (3) four (4) chancellorships shall be separate and distinct. |
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| 182 | 182 | | |
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| 183 | 183 | | (3) One (1) chancellor shall be elected from Subdistrict 7-1 and shall be denominated for purposes of appointment and election only as "Place One * * *,", and two (2) chancellors shall be elected from Subdistrict 7-2 and shall be denominated for purposes of appointment and election only as "Place Two" and "Place Three * * *.". |
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| 184 | 184 | | |
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| 185 | 185 | | (4) One (1) chancellor shall be separate and distinct and denominated for purposes of appointment and election as "Place Four" and shall have the powers and duties provided in Section 3 of this act and shall be elected by election to be held in every county within the Seventh Chancery Court District. |
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| 186 | 186 | | |
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| 187 | 187 | | SECTION 11. Section 9-5-29, Mississippi Code of 1972, is amended as follows: |
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| 188 | 188 | | |
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| 189 | 189 | | 9-5-29. (1) There shall be * * * four (4) five (5) chancellors for the Eighth Chancery Court District. |
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| 190 | 190 | | |
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| 191 | 191 | | (2) The four (4) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One," "Place Two," "Place Three" and "Place Four." |
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| 192 | 192 | | |
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| 193 | 193 | | (3) While there shall be no limitation whatsoever upon the powers and duties of the four (4) chancellors elected under subsection (2) of this section other than as cast upon them by the Constitution and laws of this state, the court in the Eighth Chancery Court District, in the discretion of the senior chancellor, may be divided into four (4) divisions as a matter of convenience by the entry of an order upon the minutes of the court. |
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| 194 | 194 | | |
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| 195 | 195 | | (4) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Five" and shall have the powers and duties provided in Section 3 of this act. |
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| 196 | 196 | | |
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| 197 | 197 | | SECTION 12. Section 9-5-33, Mississippi Code of 1972, is amended as follows: |
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| 198 | 198 | | |
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| 199 | 199 | | 9-5-33. There shall be * * * three (3) four (4) chancellors for the Ninth Chancery Court District. One (1) chancellor shall be elected from each subdistrict. One (1) chancellor shall be separate and distinct and denominated for purposes of appointment and election as "Place Four" and shall have the powers and duties provided in Section 3 of this act. |
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| 200 | 200 | | |
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| 201 | 201 | | SECTION 13. Section 9-5-36, Mississippi Code of 1972, is amended as follows: |
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| 202 | 202 | | |
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| 203 | 203 | | 9-5-36. (1) There shall be * * * four (4) five (5) chancellors for the Tenth Chancery Court District. |
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| 204 | 204 | | |
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| 205 | 205 | | (2) * * * The Four (4) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One * * *,", "Place Two * * *,", "Place Three" and "Place Four * * *.". The chancellor to fill Place One and Place Four may be a resident of any county in the district. The chancellor to fill Place Two must be a resident of Lamar, Marion, Pearl River or Perry County. The chancellor to fill Place Three must be a resident of Forrest County. |
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| 206 | 206 | | |
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| 207 | 207 | | (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Five" and shall have the powers and duties provided in Section 3 of this act. |
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| 208 | 208 | | |
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| 209 | 209 | | ( * * *34) Election of the * * * four (4) five (5) offices of chancellor shall be by election to be held in every county within the Tenth Chancery Court District. |
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| 210 | 210 | | |
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| 211 | 211 | | SECTION 14. Section 9-5-38, Mississippi Code of 1972, is amended as follows: |
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| 212 | 212 | | |
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| 213 | 213 | | 9-5-38. There shall be * * * three (3) four (4) chancellors for the Eleventh Chancery Court District. The three (3) chancellorships shall be separate and distinct. One (1) chancellor shall be elected from Subdistrict 11-1 and denominated for purposes of appointment and election only as "Place One * * *,", one (1) chancellor shall be elected from Subdistrict 11-2 and denominated for purposes of appointment and election only as "Place Two * * *,", and one (1) chancellor shall be elected at large from the entire Eleventh Chancery Court District and denominated for purposes of appointment and election only as "Place Three * * *.", and one (1) chancellor shall be elected at large from the entire Eleventh Chancery Court District and denominated for purposes of appointment and election as "Place Four" and shall have the powers and duties provided in Section 3 of this act. |
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| 214 | 214 | | |
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| 215 | 215 | | SECTION 15. Section 9-5-40, Mississippi Code of 1972, is amended as follows: |
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| 216 | 216 | | |
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| 217 | 217 | | 9-5-40. (1) There shall be * * * two (2) judges three (3) chancellors for the Twelfth Chancery Court District. |
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| 218 | 218 | | |
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| 219 | 219 | | (2) * * * The Two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two." |
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| 220 | 220 | | |
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| 221 | 221 | | (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Three" and shall have the powers and duties provided in Section 3 of this act. |
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| 222 | 222 | | |
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| 223 | 223 | | SECTION 16. Section 9-5-41, Mississippi Code of 1972, is amended as follows: |
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| 224 | 224 | | |
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| 225 | 225 | | 9-5-41. (1) The Thirteenth Chancery Court District is composed of the following counties: |
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| 226 | 226 | | |
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| 227 | 227 | | (a) Covington County; |
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| 228 | 228 | | |
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| 229 | 229 | | (b) Jefferson Davis County; |
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| 230 | 230 | | |
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| 231 | 231 | | (c) Lawrence County; |
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| 232 | 232 | | |
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| 233 | 233 | | (d) Simpson County; and |
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| 234 | 234 | | |
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| 235 | 235 | | (e) Smith County. |
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| 236 | 236 | | |
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| 237 | 237 | | (2) There shall be * * * two (2) three (3) chancellors for the Thirteenth Chancery Court District. |
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| 238 | 238 | | |
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| 239 | 239 | | * * * The(3) Two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two * * *.". |
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| 240 | 240 | | |
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| 241 | 241 | | (4) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Three" and shall have the powers and duties provided in Section 3 of this act. |
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| 242 | 242 | | |
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| 243 | 243 | | SECTION 17. Section 9-5-45, Mississippi Code of 1972, is amended as follows: |
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| 244 | 244 | | |
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| 245 | 245 | | 9-5-45. (1) There shall be * * * three (3) four (4) chancellors for the Fourteenth Chancery Court District. |
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| 246 | 246 | | |
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| 247 | 247 | | (2) The four (4) chancellorships shall be separate and distinct. |
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| 248 | 248 | | |
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| 249 | 249 | | (3) One (1) chancellor shall be elected from each subdistrict. |
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| 250 | 250 | | |
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| 251 | 251 | | (4) One (1) chancellor shall be elected at large from the entire Fourteenth Chancery Court District and denominated for purposes of appointment and election as "Place Four" and shall have the powers and duties provided in Section 3 of this act. |
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| 252 | 252 | | |
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| 253 | 253 | | SECTION 18. The following shall be codified as Section 9-5-48, Mississippi Code of 1972: |
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| 254 | 254 | | |
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| 255 | 255 | | 9-5-48. (1) There shall be two (2) chancellors for the Fifteenth Chancery Court District. |
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| 256 | 256 | | |
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| 257 | 257 | | (2) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election only as "Place One". |
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| 258 | 258 | | |
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| 259 | 259 | | (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Two" and shall have the powers and duties provided in Section 3 of this act. |
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| 260 | 260 | | |
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| 261 | 261 | | SECTION 19. Section 9-5-50, Mississippi Code of 1972, is amended as follows: |
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| 262 | 262 | | |
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| 263 | 263 | | 9-5-50. (1) There shall be * * * three (3) four (4) chancellors for the Sixteenth Chancery Court District. |
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| 264 | 264 | | |
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| 265 | 265 | | (2) * * * The Three (3) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One * * *,", "Place Two" and "Place Three * * *.". |
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| 266 | 266 | | |
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| 267 | 267 | | (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Three" and shall have the powers and duties provided in Section 3 of this act. |
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| 268 | 268 | | |
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| 269 | 269 | | SECTION 20. Section 9-5-51, Mississippi Code of 1972, is amended as follows: |
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| 270 | 270 | | |
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| 271 | 271 | | 9-5-51. (1) The Seventeenth Chancery Court District is composed of the following counties: |
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| 272 | 272 | | |
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| 273 | 273 | | (a) Adams County; |
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| 274 | 274 | | |
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| 275 | 275 | | (b) Claiborne County; |
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| 276 | 276 | | |
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| 277 | 277 | | (c) Jefferson County; and |
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| 278 | 278 | | |
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| 279 | 279 | | (d) Wilkinson County. |
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| 280 | 280 | | |
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| 281 | 281 | | (2) The Seventeenth Chancery Court District shall be divided into two (2) subdistricts as follows: |
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| 282 | 282 | | |
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| 283 | 283 | | (a) Subdistrict 17-1 shall consist of Claiborne County, Jefferson County, and the following precincts in Adams County: Airport Carpenter*, Convention Center*, Foster Mound, Maryland*, Northside School, Palestine, Pine Ridge, Thompson and Washington*. |
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| 284 | 284 | | |
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| 285 | 285 | | (b) Subdistrict 17-2 shall consist of Wilkinson County and the following precincts in Adams County: Beau Pre, Bellemont, By-Pass Fire Station, Carpenter*, Concord, Convention Center*, Courthouse, Duncan Park, Kingston, Liberty Park, Maryland*, Morgantown, Oakland and Washington*. |
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| 286 | 286 | | |
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| 287 | 287 | | (3) There shall be * * * two (2) three (3) chancellors for the Seventeenth Chancery Court District. |
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| 288 | 288 | | |
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| 289 | 289 | | (4) The three (3) chancellorships shall be separate and distinct. |
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| 290 | 290 | | |
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| 291 | 291 | | (5) One (1) chancellor shall be elected from each subdistrict. |
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| 292 | 292 | | |
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| 293 | 293 | | (6) One (1) chancellor shall be elected at large from the entire Seventeenth Chancery Court District and denominated for purposes of appointment and election as "Place Three" and shall have the powers and duties provided in Section 3 of this act. |
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| 294 | 294 | | |
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| 295 | 295 | | SECTION 21. Section 9-5-54, Mississippi Code of 1972, is amended as follows: |
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| 296 | 296 | | |
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| 297 | 297 | | 9-5-54. (1) There shall be * * * two (2) three (3) chancellors for the Eighteenth Chancery Court District. |
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| 298 | 298 | | |
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| 299 | 299 | | (2) * * * The Two (2) chancellorships shall be separate and distinct and denominated for purposes of appointment and election only as "Place One" and "Place Two." |
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| 300 | 300 | | |
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| 301 | 301 | | (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Three" and shall have the powers and duties provided in Section 3 of this act. |
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| 302 | 302 | | |
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| 303 | 303 | | SECTION 22. The following shall be codified as Section 9-5-56, Mississippi Code of 1972: |
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| 304 | 304 | | |
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| 305 | 305 | | 9-5-56. (1) There shall be two (2) chancellors for the Nineteenth Chancery Court District. |
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| 306 | 306 | | |
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| 307 | 307 | | (2) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election only as "Place One". |
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| 308 | 308 | | |
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| 309 | 309 | | (3) One (1) chancellorship shall be separate and distinct and denominated for purposes of appointment and election as "Place Two" and shall have the powers and duties provided in Section 3 of this act. |
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| 310 | 310 | | |
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| 311 | 311 | | SECTION 23. Section 43-21-801, Mississippi Code of 1972, is brought forward as follows: |
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| 312 | 312 | | |
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| 313 | 313 | | 43-21-801. (1) There is established the Youth Court Support Program. The purpose of the program shall be to ensure that all youth courts have sufficient support funds to carry on the business of the youth court. The Administrative Office of Courts shall establish a formula consistent with this section for providing state support payable from the Youth Court Support Fund for the support of the youth courts. |
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| 314 | 314 | | |
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| 315 | 315 | | (a) (i) Each regular youth court referee is eligible for youth court support funds so long as the senior chancellor does not elect to employ a youth court administrator as set forth in paragraph (b); a municipal youth court judge is also eligible. The Administrative Office of Courts shall direct any funds to the appropriate county or municipality. The funds shall be utilized to compensate an intake officer who shall be responsible for ensuring that all intake and case information for the Department of Human Services - Division of Youth Services, truancy matters, and the Department of Child Protection Services is entered into the Mississippi Youth Court Information Delivery System (MYCIDS) in an accurate and timely manner. If the court already has an intake officer responsible for entering all cases of the Department of Human Services - Division of Youth Services, truancy matters, and the Department of Child Protection Services into MYCIDS, the regular youth court referee or municipal court judge may certify to the Administrative Office of Courts that such a person is already on staff. In such a case, each regular youth court referee or municipal youth court judge shall have the sole individual discretion to appropriate those funds as expense monies to assist in hiring secretarial staff and acquiring materials and equipment incidental to carrying on the business of the court within the private practice of law of the referee or judge, or may direct the use of those funds through the county or municipal budget for court support supplies or services. The regular youth court referee and municipal youth court judge shall be accountable for assuring through private, county or municipal employees the proper preparation and filing of all necessary tracking and other documentation attendant to the administration of the youth court. |
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| 316 | 316 | | |
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| 317 | 317 | | (ii) Title to all tangible property, excepting stamps, stationery and minor expendable office supplies, procured with funds authorized by this section, shall be and forever remain in the county or municipality to be used by the judge or referee during the term of his office and thereafter by his successors. |
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| 318 | 318 | | |
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| 319 | 319 | | (b) (i) When permitted by the Administrative Office of Courts and as funds are available, the senior chancellor for Chancery Districts One, Two, Three, Four, Six, Seven, Nine, Ten, Thirteen, Fourteen, Fifteen and Eighteen may appoint a youth court administrator for the district whose responsibility will be to perform all reporting, tracking and other duties of a court administrator for all youth courts in the district that are under the chancery court system. Any chancery district listed in this paragraph in which a chancellor appoints a referee or special master to hear any youth court matter is ineligible for funding under this paragraph (b). The Administrative Office of Courts may allocate to an eligible chancery district a sum not to exceed Thirty Thousand Dollars ($30,000.00) per year for the salary, fringe benefits and equipment of the youth court administrator, and an additional sum not to exceed One Thousand Nine Hundred Dollars ($1,900.00) for the administrator's travel expenses. |
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| 320 | 320 | | |
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| 321 | 321 | | (ii) The appointment of a youth court administrator shall be evidenced by the entry of an order on the minutes of the court. The person appointed shall serve at the will and pleasure of the senior chancellor but shall be an employee of the Administrative Office of Courts. |
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| 322 | 322 | | |
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| 323 | 323 | | (iii) The Administrative Office of Courts must approve the position, job description and salary before the position can be filled. The Administrative Office of Courts shall not approve any plan that does not first require the expenditure of the funds from the Youth Court Support Fund before expenditure of county funds is authorized for that purpose. |
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| 324 | 324 | | |
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| 325 | 325 | | (iv) Title to any tangible property procured with funds authorized under this paragraph shall be and forever remain in the State of Mississippi. |
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| 326 | 326 | | |
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| 327 | 327 | | (c) (i) Each county court is eligible for youth court support funds. The funds shall be utilized to provide compensation to an intake officer who shall be responsible for ensuring that all intake and case information for the Department of Human Services - Division of Youth Services, truancy matters, and the Department of Child Protection Services is entered into the Mississippi Youth Court Information Delivery System (MYCIDS) in an accurate and timely manner. If the county court already has an intake officer or other staff person responsible for entering all cases of the Department of Human Services - Division of Youth Services, truancy matters and the Department of Child Protection Services into MYCIDS, the senior county court judge may certify that such a person is already on staff. In such a case, the senior county court judge shall have discretion to direct the expenditure of those funds in hiring other support staff to carry on the business of the court. |
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| 328 | 328 | | |
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| 329 | 329 | | (ii) For the purposes of this paragraph, "support staff" means court administrators, law clerks, legal research assistants, secretaries, resource administrators or case managers appointed by a youth court judge, or any combination thereof, but shall not mean school attendance officers. |
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| 330 | 330 | | |
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| 331 | 331 | | (iii) The appointment of support staff shall be evidenced by the entry of an order on the minutes of the court. The support staff so appointed shall serve at the will and pleasure of the senior county court judge but shall be an employee of the county. |
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| 332 | 332 | | |
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| 333 | 333 | | (iv) The Administrative Office of Courts must approve the positions, job descriptions and salaries before the positions may be filled. The Administrative Office of Courts shall not approve any plan that does not first require the expenditure of funds from the Youth Court Support Fund before expenditure of county funds is authorized for that purpose. |
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| 334 | 334 | | |
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| 335 | 335 | | (v) The Administrative Office of Courts may approve expenditure from the fund for additional equipment for support staff appointed pursuant to this paragraph if the additional expenditure falls within the formula. Title to any tangible property procured with funds authorized under this paragraph shall be and forever remain in the county to be used by the youth court and support staff. |
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| 336 | 336 | | |
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| 337 | 337 | | (2) (a) (i) The formula developed by the Administrative Office of Courts for providing youth court support funds shall be devised so as to distribute appropriated funds proportional to caseload and other appropriate factors as set forth in regulations promulgated by the Administrative Office of Courts. The formula will determine a reasonable maximum amount per judge or referee per annum that will not be exceeded in allocating funds under this section. |
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| 338 | 338 | | |
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| 339 | 339 | | (ii) The formula shall be reviewed by the Administrative Office of Courts every two (2) years to ensure that the youth court support funds provided herein are proportional to each youth court's caseload and other specified factors. |
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| 340 | 340 | | |
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| 341 | 341 | | (iii) The Administrative Office of Courts shall have wide latitude in the first two-year cycle to implement a formula designed to maximize caseload data collection. |
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| 342 | 342 | | |
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| 343 | 343 | | (b) Application to receive funds under this section shall be submitted in accordance with procedures established by the Administrative Office of Courts. |
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| 344 | 344 | | |
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| 345 | 345 | | (c) Approval of the use of any of the youth court support funds distributed under this section shall be made by the Administrative Office of Courts in accordance with procedures established by the Administrative Office of Courts. |
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| 346 | 346 | | |
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| 347 | 347 | | (3) (a) There is created in the State Treasury a special fund to be designated as the "Youth Court Support Fund," which shall consist of funds appropriated or otherwise made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be distributed to the youth courts by the Administrative Office of Courts for the purposes described in this section. |
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| 348 | 348 | | |
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| 349 | 349 | | (b) (i) During the regular legislative session held in calendar year 2007, the Legislature may appropriate an amount not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Youth Court Support Fund. |
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| 350 | 350 | | |
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| 351 | 351 | | (ii) During each regular legislative session subsequent to the 2007 Regular Session, the Legislature shall appropriate Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Youth Court Support Fund. |
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| 352 | 352 | | |
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| 353 | 353 | | (c) No youth court judge or youth court referee shall be eligible to receive funding from the Youth Court Support Fund who has not received annual continuing education in the field of juvenile justice in an amount to conform with the requirements of the Rules and Regulations for Mandatory Continuing Judicial Education promulgated by the Supreme Court or received at least one (1) hour of annual continuing education concerning oversight of youth court intake officers and MYCIDS. The Administrative Office of Courts shall maintain records of all referees and youth court judges regarding such training and shall not disburse funds to any county or municipality for the budget of a youth court judge or referee who is not in compliance with the judicial training requirements. |
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| 354 | 354 | | |
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| 355 | 355 | | (4) Any recipient of funds from the Youth Court Support Fund shall not be eligible for continuing disbursement of funds if the recipient is not in compliance with the terms, conditions and reporting requirements set forth in the procedures promulgated by the Administrative Office of Courts. |
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| 356 | 356 | | |
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| 357 | 357 | | (5) The provisions of this section shall stand repealed on July 1, 2026. |
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| 358 | 358 | | |
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| 359 | 359 | | SECTION 24. Section 43-21-803, Mississippi Code of 1972, is brought forward as follows: |
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| 360 | 360 | | |
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| 361 | 361 | | 43-21-803. (1) There is established the Tony Gobar Individualized Assessment and Comprehensive Community Intervention Initiative (IACCII) Program for the purposes of: |
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| 362 | 362 | | |
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| 363 | 363 | | (a) (i) Providing comprehensive strength-based needs assessments, individualized treatment plans and community-based services for certain youth who would otherwise be committed to the training schools. The IACCII ensures that youth and their families can access necessary services available in their home communities; and |
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| 364 | 364 | | |
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| 365 | 365 | | (ii) Providing grants to faith-based organizations and nonprofit 501(c)(3) organizations that develop and operate community-based alternatives to the training schools and detention centers. In order to be eligible for a grant under this paragraph, a faith-based or nonprofit 501(c)(3) organization in cooperation with a youth court must develop and operate a juvenile justice alternative sanction designed for delinquent youths. The program must be designed to decrease reliance on commitment in juvenile detention facilities and training schools. |
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| 366 | 366 | | |
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| 367 | 367 | | (b) Programs established pursuant to this subsection must not duplicate existing programs or services and must incorporate best practices principles and positive behavioral interventions. The Department of Human Services shall have sole authority and power to determine the programs to be funded pursuant to this section. |
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| 368 | 368 | | |
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| 369 | 369 | | (2) A faith-based or nonprofit 501(c)(3) must submit an application to the Department of Human Services. The application must include a description of the purpose for which assistance is requested, the amount of assistance requested and any other information required by the Department of Human Services. |
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| 370 | 370 | | |
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| 371 | 371 | | (3) The Department of Human Services shall have all powers necessary to implement and administer the program established under this section, and the department shall promulgate rules and regulations, in accordance with the Mississippi Administrative Procedures Law, necessary for the implementation of this section. |
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| 372 | 372 | | |
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| 373 | 373 | | (4) (a) There is created in the State Treasury a special fund to be designated as the "Tony Gobar IACCII Fund," which shall consist of funds appropriated or otherwise made available by the Legislature in any manner and funds from any other source designated for deposit into such fund. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings or interest earned on amounts in the fund shall be deposited to the credit of the fund. Monies in the fund shall be used by the Division of Youth Services for the purposes described in this section. |
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| 374 | 374 | | |
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| 375 | 375 | | (b) (i) During the regular legislative session held in calendar year 2007, the Legislature may appropriate an amount not to exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Tony Gobar IACCII Fund. |
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| 376 | 376 | | |
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| 377 | 377 | | (ii) During each regular legislative session subsequent to the 2007 Regular Session, the Legislature shall appropriate Two Million Five Hundred Thousand Dollars ($2,500,000.00) to the Tony Gobar IACCII Fund. |
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| 378 | 378 | | |
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| 379 | 379 | | SECTION 25. Candidates for the chancellorships created by this act shall run for those offices in the judicial election of November 2026. Candidates shall file the intent to be a candidate as provided by Section 23-15-977, and shall run for office and be elected as provided in Sections 23-15-974 through 23-15-985, which is the Nonpartisan Judicial Election Act. The term for the chancellors elected shall begin on January 1, 2027 and shall be as is provided for chancellors generally. |
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| 380 | 380 | | |
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| 381 | 381 | | SECTION 26. Section 43-21-111, Mississippi Code of 1972, which is the provision of law authorizing regular and special youth court referees, is repealed. |
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| 382 | 382 | | |
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| 383 | 383 | | SECTION 27. Sections 1 through 25 of this act shall take effect and be in force from and after January 1, 2026, and shall stand repealed on December 1, 2025. Section 26 shall take effect and be in force from and after January 1, 2027, and shall stand repealed on December 1, 2026. |
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