HISTORY OF THE MISSISSIPPI JUVENILE JUSTICE ADVISORY COMMITTEE I. INTRODUCTION The Mississippi Juvenile Justice Advisory Committee ( MS JJAC ) exists in its current form as a result of a relatively complex series of federal and state legislation and government action. This document attempts to trace the MS JJAC s history. II. FEDERAL LAW In 1974, the Federal Government enacted what is commonly known as the Juvenile Justice and Delinquency Prevention Act of 1974 ( JJDPA ). This act allowed for individual states to receive federal funds if each state participated in and complied with certain programs. One of those programs was the creation of a state advisory group within each state that would advise the state on issues relating to juvenile justice and delinquency prevention. The MS JJAC has its roots and requirements in that section of federal law, and the MS JJAC will only be funded by the federal government if it complies with the requirements of that section of federal law. The United States Code section that lays out the requirements of these state advisory groups may be found in United States Code Annotated, Title 42 (The Public Health and Welfare), Chapter 72 (Juvenile Justice and Delinquency Prevention), Subchapter II (Programs and Offices), Part B (Federal Assistance for State and Local Programs), Section 5633 (State Plans, Subsection (a)(3). 1 The full text of this subsection may be found at the end of this document. III. MISSISSIPPI S RESPONSE TO FEDERAL LAW The JJDPA merely offered states the opportunity to receive federal funds by creating a state advisory group on juvenile justice and delinquency prevention. Mississippi created such a state advisory group, and it is known as the Mississippi Juvenile Justice Advisory Committee. For purposes of nomenclature, please note that the Mississippi JJAC is a state advisory group ( SAG ) as defined by the federal government in the JJDPA. Although the federal guidelines for state advisory groups have remained relatively static, Mississippi s creation of its state advisory group, the MS JJAC, has followed a complicated path between numerous state departments. 1 42 U.S.C.A. 5633(a)(3) Page 1 of 9
A. EXECUTIVE ORDER NO. 335 In response to the enactment of the JJDPA, Governor William Winter issued Executive Order No. 335 which approved the creation of the Governor s Office of Criminal Justice within the then-named Division of Federal-State-Local Programs, Office of the Governor. 2 By Executive Order No. 335, the Governor s Office of Criminal Justice was charged with administering the Juvenile Justice and Delinquency Prevention Act of 1974, the JJDPA. 3 Thus, Governor William Winter created the Governor s Office of Criminal Justice under the Division of Federal- State-Local Programs, Office of the Governor, and it is that office that was originally charged, via the JJDPA, with the administration of Mississippi s juvenile justice and delinquency prevention state advisory group, which would ultimately become the current MS JJAC. In summary, the first formulation of the MS JJAC was under the supervision of the Governor s Office of Criminal Justice within the Division of Federal-State-Local Programs. B. EXECUTIVE ORDER 611 On June 30, 1989, Governor Ray Mabus, by Executive Order 611, transferred administration of the Department of Criminal Justice Planning (presumably the final name of Governor Winter s Office of Criminal Justice) to the Department of Public Safety and rescinded Executive Order No. 335. 4 The transfer of the Department of Criminal Justice Planning to the Department of Public Safety was codified in Mississippi Code at Miss. Code Ann. 45-1-33 in 1990. 5 C. CURRENT STATUS As a result of these actions, Mississippi s state advisory group on juvenile justice and delinquency prevention, also known as the Mississippi Juvenile Justice Advisory Committee, is primarily defined by federal law and administered by the Mississippi Department of Public Safety. As of 2008, the Mississippi JJAC is administered by the Office of Justice Programs, a division of the Mississippi Department of Public Safety Planning which is a subunit of the Mississippi Department of Public Safety. 2 The Division of Federal-State-Local-Programs, Office of the Governor ultimately became the Mississippi Department of Finance and Administration. Miss. Code Ann. 7-1-251. 3 A copy of Executive Order No. 335 may be found at the end of this document. 4 A copy of Executive Order 611 may be found at the end of this document. 5 Miss. Code Ann. 45-1-33; text may be found at the end of this document. Page 2 of 9
APPENDICES Page 3 of 9
FEDERAL LAW DEFINING STATE ADVISORY GROUPS UNDER THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT 42 U.S.C.A. 5633(a)(3) United States Code Annotated Title 42: The Public Health and Welfare Chapter 72: Juvenile Justice and Delinquency Prevention Subchapter II: Programs and Offices Part B: Federal Assistance for State and Local Programs Section 5633: State Plans Subsection (a)(3) (a) Requirements In order to receive formula grants under this part, a State shall submit a plan for carrying out its purposes applicable to a 3-year period. Such plan shall be amended annually to include new programs, projects, and activities. The State shall submit annual performance reports to the Administrator which shall describe progress in implementing programs contained in the original plan, and shall describe the status of compliance with State plan requirements. In accordance with regulations which the Administrator shall prescribe, such plan shall (3) provide for an advisory group, that-- (A) shall consist of not less than 15 and not more than 33 members appointed by the chief executive officer of the State-- (i) which members have training, experience, or special knowledge concerning the prevention and treatment of juvenile delinquency, the administration of juvenile justice, or the reduction of juvenile delinquency; (ii) which members include-- (I) at least 1 locally elected official representing general purpose local government; (II) representatives of law enforcement and juvenile justice agencies, including juvenile and family court judges, prosecutors, counsel for children and youth, and probation workers; Page 4 of 9
(III) representatives of public agencies concerned with delinquency prevention or treatment, such as welfare, social services, mental health, education, special education, recreation, and youth services; (IV) representatives of private nonprofit organizations, including persons with a special focus on preserving and strengthening families, parent groups and parent self-help groups, youth development, delinquency prevention and treatment, neglected or dependent children, the quality of juvenile justice, education, and social services for children; (V) volunteers who work with delinquents or potential delinquents; (VI) youth workers involved with programs that are alternatives to incarceration, including programs providing organized recreation activities; (VII) persons with special experience and competence in addressing problems related to school violence and vandalism and alternatives to suspension and expulsion; and (VIII) persons with special experience and competence in addressing problems related to learning disabilities, emotional difficulties, child abuse and neglect, and youth violence; (iii) a majority of which members (including the chairperson) shall not be full-time employees of the Federal, State, or local government; (iv) at least one-fifth of which members shall be under the age of 24 at the time of appointment; and (v) at least 3 members who have been or are currently under the jurisdiction of the juvenile justice system; (B) shall participate in the development and review of the State's juvenile justice plan prior to submission to the supervisory board for final action; (C) shall be afforded the opportunity to review and comment, not later than 30 days after their submission to the advisory group, on all juvenile justice and delinquency prevention grant applications submitted to the State agency designated under paragraph (1); (D) shall, consistent with this subchapter-- (i) advise the State agency designated under paragraph (1) and its supervisory board; and Page 5 of 9
(ii) submit to the chief executive officer and the legislature of the State at least annually recommendations regarding State compliance with the requirements of paragraphs (11), (12), and (13); and (iii) contact and seek regular input from juveniles currently under the jurisdiction of the juvenile justice system; and (E) may, consistent with this subchapter-- (i) advise on State supervisory board and local criminal justice advisory board composition; (ii) review progress and accomplishments of projects funded under the State plan. Page 6 of 9
MISSISSIPPI LAW AND ORDERS REGARDING THE MISSISSIPPI JUVENILE JUSTICE ADVISORY COMMITTEE Miss. Code Ann. 45-1-33 Title 45. Public Safety and Good Order Chapter 1. Department of Public Safety 45-1-33. Office transferred to department The Office of Criminal Justice Planning, including the Juvenile Justice Advisory Committee, as constituted in the Governor's Office of Federal-State Programs on June 30, 1989, is hereby transferred to the Department of Public Safety. CREDIT(S) Laws 1990, Ch. 522, 36, eff. July 1, 1990. Miss. Code Ann. 57-10-157 Office of Criminal Justice Planning including Juvenile Justice Advisory Committee, transfer to small business consortium. Miss. Code Ann. 43-21-323 Title 43. Public Welfare Chapter 21. Youth Court Custody and Detention (Refs & Annos) 43-21-323. Juvenile Detention Facilities Monitoring Unit (1) There is established the Juvenile Detention Facilities Monitoring Unit within the Department of Public Safety to work in cooperation with the Juvenile Justice Advisory Committee described in Section 45-1-33. The unit shall inspect all juvenile detention facilities including, but not limited to, the state training schools on a quarterly basis. The inspections shall encompass the following: (a) Ensuring and certifying that the juvenile detention facilities are in compliance with the minimum standards of operation, as established in Section 43-21-321; (b) Providing technical assistance and advice to juvenile detention facilities, which will assist the facilities in complying with the minimum standards. (2) Additional duties of the monitoring unit are as follows: Page 7 of 9
(a) To conduct an assessment of all juvenile detention facilities and to determine how far each is from coming into compliance with the minimum standards, as established in Section 43-21-301(6) and Section 43-21-321; and (b) To develop a strategic plan and a timeline for each juvenile detention facility to come into compliance with the minimum standards as described in this subsection. CREDIT(S) Laws 2005, Ch. 471, 1, eff. July 1, 2005. HISTORICAL AND STATUTORY NOTES The Title of Act of Laws 2005, Ch. 471, ( 1 of which enacted this section) provided, in part, that the legislation was "An Act to create the Juvenile Justice Reform Act of 2005..." Page 8 of 9
This document was written on June 9, 2008 by Stewart Rutledge, who was chairman of the Juvenile Justice Advisory Committee at that time. If you have any corrections to this document, please submit them to Lisa Lucas at the Mississippi Department of Public Safety Planning (LLucas@mdps.state.ms.us). Page 9 of 9