H. B. No. 1346
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(CJR\DO)
To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2011 By: Representatives Bailey, Buck (72nd) COMMITTEE SUBSTITUTEFORHOUSE BILL NO. 1346 AN ACT TO PROVIDE THE AUTHORITY FOR A CHANCERY, CIRCUIT,1COUNTY OR MUNICIPAL COURT TO ESTABLISH A DOMESTIC VIOLENCE COURT2OR A PROBLEM SOLVING COURT; TO DEFINE CERTAIN TERMS; TO PROVIDE3JURISDICTION AND ELIGIBILITY REQUIREMENTS; TO AUTHORIZE THE COURTS4TO PROVIDE CERTAIN SERVICES; TO PROVIDE FOR THE POWERS AND DUTIES5OF THE COURTS; TO PROVIDE FUNDING; TO AMEND SECTIONS 9-5-81,69-7-81, 9-9-21 AND 21-23-7, MISSISSIPPI CODE OF 1972, IN7CONFORMITY; AND FOR RELATED PURPOSES.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:9
SECTION 1.
The Legislature finds that:10(a) Domestic violence is a serious crime that causes11substantial damage to victims and children as well as the to the12community. Families experiencing domestic violence are often13involved in more than one (1) court proceeding including divorce14and custody cases, civil and criminal proceedings regarding15domestic violence, substance abuse and child protection.16Substantial state and county resources are required each year for17the incarceration, supervision and treatment of batterers.18(b) Domestic violence courts hold offenders19accountable, increase victim safety, provide greater judicial20monitoring and coordinate information to provide effective21interaction and use resources among the courts, justice system22personnel and community agencies. Effective case management and23coordination ensures that decisions in one (1) case do not24conflict with existing orders in other civil and criminal cases25and provide courts with the necessary information to protect26victims and families.27(c) Domestic violence courts have proven effective in28reducing recidivism and increasing victim safety. It is in the29
H. B. No. 1346
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best interests of the citizens of this state to establish domestic30violence courts.31
SECTION 2.
As used in this act:32(a) "Domestic violence court" means a problem solving33court focused on the safety of the victim and the defendant's34accountability by:35(i) Bringing together criminal justice36professionals, local social programs and intensive judicial37monitoring;38(ii) Linking victims to programs and services; and39(iii) Linking eligible defendants to programs and40services.41(b) "Problem solving court" means a court providing a42process for immediate and highly structured judicial intervention43for eligible individuals that incorporates the following problem44solving concepts:45(i) Enhanced information for improve decision46making;47(ii) Engaging the community to assist with problem48solving;49(iii) Collaboration with social service providers50and other stakeholders;51(iv) Linking participants with community services52based on risk and need;53(v) Participant accountability; and54(vi) Evaluating the effectiveness of operations55continuously.56
SECTION 3.
A chancery, circuit, county or municipal court57may establish a civil domestic violence problem solving court.58
SECTION 4.
(1) A problem solving court and accompanying59services of the problem solving court are available only to60individuals over whom the court has established that the problem61solving court has jurisdiction.62
H. B. No. 1346
*HR12/R1647CS*
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(CJR\DO)
(2) A problem solving court that does not have felony63jurisdiction may assume jurisdiction over an individual convicted64of a felony from another court within the county if the problem65solving court returns the case to the referring court for66additional proceedings when:67(a) The individual has successfully completed the68problem solving court's program; or69(b) The individual's participation in the problem70solving court is terminated by the problem solving court.71
SECTION 5.
An individual is eligible to participate in a72problem solving court program only if:73(a) The judge of the problem solving court approves the74admission of the individual to the problem solving court program;75or76(b) The individual is referred to the problem solving77court as a result of at least one (1) of the following:78(i) A condition of a pretrial diversion program;79(ii) A condition of probation;80(iii) A condition of parole; or81(iv) Involvement in a civil protection proceeding.82
SECTION 6.
A problem solving court may provide the following83services to individuals participating in problem solving court84programs:85(a) Assessment;86(b) Referral;87(c) Service coordination and case management;88(d) Supervision;89(e) Judicial involvement; and90(f) Program evaluation.91
SECTION 7.
A court may take steps necessary to carry out the92functions of the problem solving court including the following:93(a) Hiring employees as needed to carry out the94functions of the problem solving court;95
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