reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 8 - Costs of Providing Public Records › Rule 31-5-8.2 - Costs for Electronic Records

Current through June 25, 2024
The cost of electronic copies of records shall be $5.00 for
				  information on a CD or DVD. There will be no charge for e-mailing electronic
				  records to a requestor, unless another cost applies such as a scanning fee or
				  system costs allowed under
Miss. Code Ann.
§
									25-61-7(2).
				  Other costs for electronic records include, but are not limited to, the
				  following:
1. CDs (retrieved from CAD
				system) - $5.00
2. DVDs -
				$5.00
3. Photos on CD -
				$29.95
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 8 - Costs of Providing Public Records › Rule 31-5-8.3 - Costs of Mailing

Current through June 25, 2024
The Mississippi Department of Public Safety may also charge
				  actual costs of mailing, including the cost of the shipping
				  container.
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 8 - Costs of Providing Public Records › Rule 31-5-8.4 - Payment

Current through June 25, 2024
1. Payment may be made by check or money
				order to the Mississippi Department of Public Safety.
2. The Mississippi Department of Public
				Safety may require payment in advance for all costs before providing copies or
				access to records.
3. Invoice for
				payment of copies must be returned with payment for copies or access to
				records.
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 8 - Costs of Providing Public Records › Rule 31-5-8.5 - Charges for Searching, Reviewing and Redacting

Current through June 25, 2024
The actual cost of searching for and reviewing and, if
				  necessary, redacting exempt information from public records, shall be based
				  upon the hourly rate of compensation for the lowest paid agency employee
				  qualified to perform the task, which shall be multiplied by the actual time to
				  complete the task.
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 9 - Review of Denials of Public Records › Rule 31-5-9.1 - Review by the Ethics Commission

Current through June 25, 2024
Pursuant to
Miss. Code Ann.
§
									25-61-13,
				  if the Mississippi Department of Public Safety denies a requestor access to
				  public records, the requestor may request the Ethics Commission to review the
				  matter. The Ethics Commission has adopted rules on such requests. They may be
				  found at
www.ethics.ms.gov
.
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 5 - PUBLIC RECORDS POLICY ADMINISTRATIVE CODE › Chapter 9 - Review of Denials of Public Records › Rule 31-5-9.2 - Judicial Review

Current through June 25, 2024
Any person whose request for public records was denied may
				  institute a suit in the Chancery Court of the First Judicial District of Hinds
				  County, seeking to reverse the denial, as set forth in
Miss. Code Ann.
§
									25-61-13.
Miss. Code
				  Ann. §§
										25-61-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 7 - DRIVER SERVICES' SCHEDULE OF FEES ADMINISTRATIVE CODE › Chapter 1 - Driver Services' Schedule of Fees › Rule 31-7-1.1 - Driver Services' Schedule of Fees

Current through June 25, 2024
The following are a list of Driver Services' fees that are
				  currently being used and the changes in Driver Services' fees effective
				  September 1, 2017. The amounts are subject to change without notice in
				  accordance with any changes mandated by the legislature or rules adopted
				  pursuant to
Miss. Code Ann.
§
									25-43-3.108.
Payment Code
Current Amount
New Amount
Description
Card Print
1019
$5.00
Copy of Ticket/Other Documents
1020
$10.00
Copy of Blood Alcohol Content (BAC)
1031
$0.00
Original DPS/MHP Employee ID Card
Yes
1070
$0.00
NDR Fee
1071
$11.00
Driver Record MVR
1080
$3.00
Motorcycle Manual
1081
$3.00
Regular Driver License Manual
1082
$3.00
CDL Manual
1095
$32.00
*DL-Fingerprint Fee (This is for gun
							 permits)
1097
$15.00
Applicant Fingerprint
1103
$32.00
Fingerprint Processing Fee - Certified
							 Instructor
1109
$15.00
Copy of Accident Report
Updated (07/26/17)
Miss. Code Ann.
				  §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 8 - FORBIDDING FIREARMS ON DPS PROPERTY ADMINISTRATIVE CODE › Chapter 1 - Forbidding Firearms on DPS Property › Rule 31-8-1.1 - Forbidding Firearms on DPS Property

Current through June 25, 2024
Possession or carrying of any weapon by any person, except a
				  law enforcement officer, is prohibited in all Mississippi Highway Patrol
				  substations, driver's license offices, and all other buildings owned or
				  operated by the Mississippi Department of Public Safety. Entry upon the
				  aforementioned departmental property in violation of this prohibition is
				  expressly forbidden. Signs stating that no weapons are allowed will be placed
				  at the entrances to these buildings
The Commissioner of Public Safety finds that the Mississippi
				  Highway Patrol substations, driver's license offices and all other buildings
				  owned or operated by the Mississippi Department of Public Safety are subject to
				  the Commissioner's authority pursuant to
Miss. Code Ann.
§§
									45-1-3,
				  45-3-19,
				  and
				  63-1-11.
				  These buildings are governmental buildings utilized by individuals whose safety
				  concerns on departmental property constitute a compelling state interest. These
				  buildings are deemed sensitive places in which a regulation prohibiting the
				  carrying of firearms serves the governmental interest of preserving security
				  for the Department of Public Safety's operations and
				  personnel.
Miss. Code Ann.
				  §§
										45-1-3,
				  45-3-19,
				  and
				  63-1-11
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.1 - Purpose

Current through June 25, 2024
1. The purpose of this regulation is to
				ensure the protection, health and safety of children who are detained in
				juvenile detention facilities in Mississippi by providing for the licensing of
				juvenile detention facilities. These regulations are intended to assure that
				certain minimum standards are maintained by juvenile detention facilities and
				are enforced by the licensing agency, the Juvenile Facilities Monitoring Unit,
				a division of the Mississippi Department of Public Safety (hereinafter the
				"Unit").
2. Nothing herein shall be
				construed to create or imply a private cause of action for a violation of this
				regulation.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.2 - Authority

Current through June 25, 2024
This regulation is issued under the authority of Miss. Code
				  Ann. §§
43-21-901 to 43-21-915 (Rev. 2016)
known as
				  the "Mississippi Juvenile Detention Facilities Licensing Act."
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.4 - Powers and Duties of the Juvenile Facilities Monitoring Unit

Current through June 25, 2024
1. Juvenile Facility Monitoring Unit shall
				have the following powers and duties, as the licensing agency, in addition to
				the other duties prescribed by law:
a. To
				adopt the licensing standards set forth by the Juvenile Detention and
				Alternatives Taskforce's 2014 report;
b. To promulgate future rules and regulations
				concerning the licensing and regulation of juvenile detention facilities;
c. To issue, deny, suspend,
				revoke, restrict, or otherwise take disciplinary action against juvenile
				detention facilities;
d. To provide
				the training required by the rules and regulations promulgated by the licensing
				agency to all facility administrators and facility staff; and
e. To have such other powers as may be
				required to carry out the provisions of Miss. Code Ann. §§
										43-21-901
				through
				43-21-915.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.5 - Juvenile Detention Facility Licensing Procedures

Current through June 25, 2024
1.
				A person shall not operate, establish or otherwise conduct a facility for
				children under 16 years of age, unless the person has been issued a license to
				do so by the department.
2. Any
				person desiring to conduct a facility shall apply for a license on forms
				provided by the department with any requested supporting documentation
				specified in this chapter.
3.
				Facilities operated by or receiving support from county or municipal
				governments shall meet the same requirements for licensure as those for
				facilities operated by nongovernmental entities.
4. The following will be under review and
				investigation for licensing by the licensing agency:
a. The applicant facility's completed policy
				and procedures manual;
b. An
				examination of the premises of the program and/or facility;
c. An investigation of the persons
				responsible for the function of the program or facility, including any and all
				staff;
d. Interviews with
				appropriate officers and staff, and with other persons including detainees who
				can help to verify the allegations of the manual.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.6 - Disposition of License

Current through June 25, 2024
1. Two-year license
a. A decision to approve or to deny the
				application will be made within 90 days by the Department of Public Safety,
				Juvenile Facilities Monitoring Unit based on the findings of the examination
				and investigation.
b. If the
				decision is to license the program or facility, a license will be issued to the
				facility.
c. The license becomes
				effective on the date it is issued by the Department of Public Safety, Juvenile
				Facilities Monitoring Unit and it must be appropriately displayed for public
				view in the program or facility.
d.
				A full license may be issued only upon a determination by the Department of
				Public Safety, Juvenile Facilities Monitoring Unit that minimum standards have
				been met as prescribed for the type program or facility for which the
				application has been made.
e. A
				full license will remain in force and effective for a period of two years from
				the date it was issued unless revoked by the Department of Public Safety,
				Juvenile Facilities Monitoring Unit for due cause.
f. If denial of the application is indicated,
				the Department will notify the applicant, verbally and in writing, of the
				decision, pointing out and discussing those areas of the minimum standards
				which have not been met. Consultation will be provided by the Department of
				Public Safety, Juvenile Facilities Monitoring Unit to advise the program or
				facility on how to attain prescribed minimum standards.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.7 - Request to Withdraw Application and Terminate License

Current through June 25, 2024
Each licensee shall inform the Unit if the licensee desires
				  to withdraw its application and terminate their license. The licensee shall
				  return the license to the department with the request to terminate the license.
				  The request and license shall be accepted by the Unit. The licensee and other
				  appropriate agencies shall be notified by the Unit that the license is
				  terminated, and that the facility is considered closed. The former licensee
				  shall submit a new application to the Unit if the facility desires to obtain a
				  new license. The facility shall not reopen or admit any child before receiving
				  a new license.
Miss. Code Ann.
				  §§
										43-21-907
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.8 - License Renewal

Current through June 25, 2024
1. Application for
				renewal of a license to continue operating a program or facility shall be made
				to the Unit 90 days prior to the expiration date of the current license.
2. The Unit shall re-examine and
				re-evaluate every area of the facility included in the application process.
				Attachments or revisions to the operating manual must be submitted with the
				renewal request.
3. A renewal of a
				license shall be issued, if, upon re-examination, the Unit is satisfied the
				program or facility, officers and staff of the juvenile detention facility
				continue to meet and to maintain the prescribed standards.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.9 - License Revocation

Current through June 25, 2024
1. The Unit, may
				deny, suspend, revoke, restrict, or refuse to renew a license, or refuse to
				issue a license to the applicant/licensee in the event of the following:
a. Fraud, misrepresentation or concealment of
				material facts.
b. Violation of any
				of the provisions of Miss. Code Sec. 43-21-901
et Seq
. or any
				of the regulations governing the licensing and regulation of juvenile detention
				facilities promulgated by the licensing agency.
c. Any conduct, or failure to act that is
				found or determined by the licensing agency to threaten the health and safety
				of children at the facility.
d.
				Failure of a juvenile detention facility to conduct background checks as
				required under Section (5) of Miss. Code Sec. 43-21-901
et
				Seq
.
e. Information that
				is received by the licensing agency as a result of the criminal records
				background check and the child abuse registry check on all facility
				administrators and facility staff under Section (5) of Miss. Code Sec.
				43-21-901
et Seq
.
f. Consistently fail to maintain standards
				prescribed and published in Miss. Code Ann. Sec. 43-21-901
et
				Seq
., the Juvenile Detention and Alternatives Task Force: Report to
				the Mississippi Legislature 2014 as well as practices and procedures prescribed
				and adopted by the Unit, including all new and additional standards which the
				Unit may prescribe.
g. Violate the
				provisions of the license issued.
h. Furnish or make any misleading or any
				false statement or report to the Unit.
i. Refusal to submit any reports or refusal
				to make available to the Unit any records required by the Unit in making
				investigation of the program or facility for licensing purposes; provided,
				however, the Department of Public Safety, Juvenile Facilities Monitoring Unit
				shall not revoke or refuse to renew a license in such case unless it has made
				written demand on the person, firm or corporation operating the facility
				requesting such report or reports, and such person, firm or corporation submit
				such records within ten days.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.10 - Procedure for Appeal and Judicial Review

Current through June 25, 2024
1. Any
				facility/applicant who disagrees with or is aggrieved by the Department of
				Public Safety in regard to the denial, refusal to renew, suspension,
				revocation, or restriction of a license may appeal to an appellate panel and
				shall be provided a hearing. The appellate panel will consist of the Director
				of the Office of Justice Programs, a member of the Mississippi Juvenile Justice
				Advisory Committee (MSJJAC), a member of the Council of Youth Court Judges and
				Referees and the Executive Director of Public Safety Planning. Members of the
				appellate panel will serve as an advisory panel to the Executive Director of
				Public Safety Planning who makes the final determination as to the disposition
				of the appeal. The appeal shall be filed with the Unit no later than ten (10)
				days after the licensee/applicant receives written notice of the final
				administrative action by the Unit. A hearing shall be scheduled within thirty
				(30) days from the date of the appeal, unless an extension is sought in writing
				by either the facility or the Unit from the Executive Director of Public Safety
				Planning. The granting or denial of any extension is in the discretion of the
				Executive Director of Public Safety Planning.
2. Any facility/applicant who disagrees with
				or is aggrieved by the appellate panel in regard to the denial, refusal to
				renew, suspension, revocation, or restriction of a may appeal to the chancery
				court of the county in which the facility is located. The appeal shall be filed
				no later than ten (10) days after the licensee/applicant receives written
				notice of the final administrative action by the appellate panel.
a. The scope of review of the chancery court
				in such cases shall be limited to a review of the record made before the board
				to determine if the action of the board is unlawful for the reason that it was:
i. Not supported by any substantial evidence;
ii. Arbitrary or capricious; or
iii. In violation of some statutory
				or constitutional right of the individual.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.11 - Notice

Current through June 25, 2024
1. Licensing agency shall issue any notice,
				including for an administrative hearing, by personal service or certified mail,
				return receipt requested. Notice shall state:
a. Its effective date;
b. Intent;
c. Purpose;
d. Grounds upon which it is based; and
e. Provisions of the statutes
				pursuant to which action is taken or proposed to be taken; but failure to
				designate all applicable provisions shall not deprive the licensing agency of
				the right to rely thereon.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.12 - Hearing and Adjudication

Current through June 25, 2024
1. Reasonable
				Notice - All parties shall be afforded opportunity for hearing after reasonable
				notice. Absent a statutory provision to the contrary, reasonable notice shall
				be defined as ten (10) days' notice.
2. Evidence May Be Presented - Opportunity
				shall be afforded all parties to respond and present evidence and argument on
				all issues raised by the licensing agency.
3. The Unit is authorized to hold hearings,
				call witnesses, take testimony and obtain evidence in the conduct of its
				business.
4. Stipulation;
				Settlement; Consent or Default Not Prohibited- Nothing in these rules shall
				prohibit informal disposition by stipulation, settlement, consent order or
				default.
5. Record - The record
				shall include:
a. All intermediate rulings;
b. All evidence received or
				considered;
c. Offers of proof,
				objections and rulings;
d. Proposed
				findings and exceptions;
e. All
				staff memoranda or data submitted to the hearing officer in connection with any
				staff consideration of the matter.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.13 - Orders

Current through June 25, 2024
1. Orders of the Department shall only be
				effective when in writing.
2. Each
				Order shall contain its effective date and shall concisely state its intent or
				purpose and the grounds and pertinent provision of law on which it is based.
3. An Order is effectuated by
				proper service upon or delivery to the person or business to whom the Order is
				addressed by mail, postage prepaid, properly addressed to the place of business
				or home listed according to the Department records.
4. There shall be an Order formulated upon
				each adjudication made by the Unit or appellate panel.
5. In addition to other requirements imposed
				by any provision of law, and subject to any confidentiality provisions
				established by law, the Unit shall make all written final orders available for
				public inspection and copying.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.14 - Appropriate Penalties and Sanctions

Current through June 25, 2024
Any applicable penalty for a violation of this regulation
				  may be reduced or eliminated, according to a schedule adopted by the Unit, if
				  corrective action was taken promptly after a violation was discovered or the
				  violation was not part of a pattern or practice.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016)
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.15 - Severability

Current through June 25, 2024
If any provision of these sections or the application
				  thereof to any person or circumstance is held invalid for any reason, the
				  invalidity shall not affect the other provisions or any other application of
				  these sections which can be given effect without the invalid provisions or
				  application. To this end all provisions of these sections are declared to be
				  severable.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016)
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.16 - Terms of License

Current through June 25, 2024
1. The maximum
				number of juveniles who may be housed and cared for in the facility shall be
				specified on each license.
2. Any
				license issued shall not be transferrable and shall be valid only for the
				original licensee at the address appearing on the license. A new application
				shall be submitted for each change of ownership, sponsor or address of the
				facility.
3. No activities which
				would interfere with the care of the juveniles shall be carried out on the
				facility's premises.
4. A license
				for an additional facility operated by a licensee shall not be issued until all
				existing facilities operated by the licensee are in compliance with licensing
				regulations.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.17 - Administration

Current through June 25, 2024
1. Organization
a. The facility shall be administered by:
i. A public agency; or
ii. A private entity with a governing board
				which is legally responsible for the operation, policies, finances and general
				management of the facility.
The director shall not be a voting member of the governing
				  board.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.18 - Finances

Current through June 25, 2024
1. Funding.
a. Each facility shall have sound and
				sufficient finances to ensure effective services. Financing plans shall be a
				responsibility of the governing body. It shall be the responsibility of the
				licensee to provide the financial resources necessary to maintain compliance
				with licensing regulations.
b.
				Juveniles shall not be exploited in any fund-raising efforts.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.19 - Personnel Policies

Current through June 25, 2024
1. Each facility
				shall have written personnel policies, approved and reviewed annually by the
				governing body. Written personnel policies shall be provided to each staff
				member upon employment. The policies shall include job descriptions, including
				qualifications, duties and responsibilities for each staff position;
2. A personnel record shall be maintained for
				each employee and made available to the employee upon written request.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.20 - Staffing

Current through June 25, 2024
1. The governing body of the facility shall
				designate a director whose responsibility is the overall administration of the
				facility.
2. A written daily staff
				schedule shall be developed and followed in compliance with the following:
a. Adequate male and female staff to directly
				supervise and interact with the juveniles at all times and provide for their
				physical, social, emotional, and educational needs (both on-site and off-site).
b. One youth care staff member on
				active duty for every eight (8) juveniles during waking hours and one youth
				care staff member on active duty for each sixteen (16) juveniles during
				sleeping hours.
c. At least one
				male and one female youth care staff member present, awake and available to the
				juveniles at all times.
d. These
				ratios are calculated based on the number of unit staff supervising the general
				population, not specialized care units such as medical, mental health, and
				special handling units that require more intensive staffing.
e. Supervisors do not count towards minimum
				staffing ratios.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.21 - Community and Volunteer Involvement

Current through June 25, 2024
1. Written policies
				and procedures shall provide for securing community and volunteer involvement
				in programs. The policies and procedures shall specify a screening and
				selection process and shall encourage recruitment from all cultural and
				socio-economic segments of the community.
2. Written policies and procedures shall
				govern the volunteer program, specifying the lines and scope of authority,
				responsibility and accountability. The policies and procedures shall include:
a. Screening, selection and termination;
b. Orientation and training
				requirements for each respective volunteer;
c. Assignment;
d. A requirement that each volunteer who
				provides professional services shall meet the same requirements as would be
				expected of a paid professional staff member providing those services;
e. supervision;
f. identification of the volunteer while in
				the facility; and
g. provision for
				a background check as required by Miss. Code Ann. §
										43-15-6.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.22 - Staff Qualifications & Development

Current through June 25, 2024
1. Each person
				having contact with juveniles shall demonstrate emotional maturity, sound
				judgment, and a sound knowledge of the developmental needs of children.
2. Employees who have direct
				contact with youth receive a physical examination, including screening for
				infectious and contagious diseases prior to job assignment, in accordance with
				state and federal law.
3. Employees
				undergo a criminal history record check in accordance with Miss. Code Ann.
				§
									43-15-6
				and other applicable state and federal laws. Staff members are not hired unless
				and until an exemption is granted by the licensing agency for any disqualifying
				offense. This record check includes inquiry with the Child Abuse and Sex
				Offender Registry. Facility policies shall include provisions in policy for
				periodic rescreening of all staff and volunteers.
4. Contractors shall also undergo criminal
				history checks, including the Child Abuse and Sex Offender Registry checks in
				compliance with the Prison Rape Elimination Act (PREA) regulations prior to
				interacting with youth.
5. Facility
				administrator/director qualifications.
a.
				Each facility administrator/director shall demonstrate the following skills and
				abilities:
i. thorough knowledge of the
				Mississippi Code for the care of children and the Mississippi juvenile offender
				code;
ii. considerable knowledge of
				principles and techniques applicable to the care and rehabilitation of
				juveniles and to the growth, development, needs and unique problems of
				children;
iii. considerable
				knowledge of the principles, practices, methods and
iv. techniques of administration and
				management;
v. ability to train,
				supervise, plan, direct and evaluate the work of others, as documented by
				experience, training or a combination of both;
vi. ability to establish and maintain
				effective working relationships with others; and
vii. ability to establish and maintain
				effective working relationships with the courts, law enforcement agencies,
				schools and community organizations.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.23 - Staff Professional Development and Training

Current through June 25, 2024
1.
				Professional development shall consist of organized, evaluated activity
				designed to achieve specific learning objectives. Professional development may
				occur through workshops, seminars, staff meetings or through closely supervised
				on-the-job training. Although any on-the-job training shall not count toward
				the hours of required training.
2.
				Each facility shall have written policies and procedures governing orientation
				and ongoing in-service training. Written policies, procedures, and actual
				practices ensure that all categories of personnel meet juvenile detention
				training requirements. Training for staff with youth care and supervision
				duties includes an 8-hour orientation for instruction on basic juvenile
				detention officer standard operating procedures and restraint, de-escalation
				and crisis management training prior to assuming any job duties.
3. Training for staff with youth care and
				supervision duties includes an additional 120 hours of training during the
				first year of employment through a course known as the Basic Jail Officer's
				Standardized Training Course, and 40 hours annually thereafter. All juvenile
				detention training is approved, not necessarily provided, by the licensing
				authority.
4. Facility staff
				receive annual training on policies and practices regarding:
a. Discipline and basic rights of youth in
				detention.
b. Access to mental
				health counseling and crisis intervention services for youth
c. Conflict management, de-escalation
				techniques, and management of assaultive behavior, including when, how, what
				kind, and under what conditions physical force, mechanical restraints, and
				isolation may be used.
d. Suicide
				prevention and emergency procedures in case of suicide attempt.
e. Prevention of youth victimization (e.g.,
				inappropriate relationships with or behavior towards youth by other youth or
				staff).
f. Adolescent development
				for girls and boys, communication skills, and counseling techniques.
g. Needs of specific populations (e.g.,
				gender, race, ethnicity, sexual orientation and gender identity, disability, or
				youth with limited English proficiency) within the facility.
h. Nondiscrimination policies and maintenance
				of a drug-free workplace.
i. Proper
				administration of CPR/first aid.
j.
				Universal safety precautions for HIV, hepatitis, and tuberculosis.
k. Facility operations, security procedures,
				fire and emergency procedures, safety procedures, and effective report
				writing.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.24 - Staff Supervision

Current through June 25, 2024
1. The facility
				administrator shall regularly tour the living units to monitor institutional
				operations and provide guidance to all staff.
2. Staff members shall receive annual
				evaluations for performance. The facility shall have a policy in place to take
				appropriate measures to address deficient performance or the termination of an
				employee.
3. The facility
				administrator or his/her designee shall conduct at a minimum a daily review of
				logbooks, incident reports, records of use of force, restraints and isolation;
				grievances; and records of recreation, providing feedback to staff on areas of
				concern, except during exigent circumstances or while on leave.
4. The facility administrator or his/her
				designee annually reviews all facility policies and operating procedures,
				updating them as necessary.
5.
				Written policies, procedures, and actual practices ensure that:
a. Staff model social skills for youth and do
				not use profanity threats, intimidation, humiliation or have inappropriate
				physical contact or personal relationships with youth; and
b. facility management addresses violations
				of standards of conduct.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.25 - Child Abuse, Incident Reports and Complaints

Current through June 25, 2024
1. Facility
				shall maintain a clear, confidential and accessible means for youth and staff
				to report suspected child abuse.
2.
				Facility administrator or his/her designee ensures that staff, contractors and
				volunteers comply with state mandatory child abuse reporting laws.
3. Any person who reports or alleges a
				complaint of abuse shall not experience retaliation.
4. The facility administrator or his/her
				designee or his/her designee maintains, reviews, and when appropriate, fully
				investigates all reports of major incidents at the facility, including all uses
				of physical force, all uses of restraints or isolation, all incidents in which
				a youth or staff is injured, all incidents involving contraband, and all
				significant property damage by youth. Staff members alleged to be involved in
				the incident do not conduct the investigation.
5. Written policies, procedures, and actual
				practices ensure that the facility administrator or his/her designee advise
				those making complaints of the results of the complaints or abuse reports or
				the actions taken to the extent the information is available.
6. The facility shall have a policy for code
				of conduct requiring staff to report misconduct of other staff members. Staff
				who fail to adhere to the policy shall be subject to appropriate discipline.
7. Staff receive specific training
				in handling disclosures of victimization or other sensitive information made to
				them by youth.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 1 - General Application of Regulations, Administration And Management, Training And Supervision of Staff › Rule 31-9-1.26 - Records

Current through June 25, 2024
1. Personnel records. Individual records
				shall be kept for each staff member which shall include the staff member's:
a. Job application, including all:
i. identifying information;
ii. qualifications including documentation
				and verification; and
iii.
				character and employment references;
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 2 - Classification, Assessment, Healthcare And Data › Rule 31-9-2.1 - Specific Detention Limitations

Current through June 25, 2024
1. Admissions
				criteria limit detention eligibility to youth likely to commit a serious
				offense pending resolution of their case, youth likely to fail to appear in
				court, and youth held pursuant to a specific court order for detention where
				there is no alternative to custody.
2. Status offenders are not detained at the
				facility unless the youth violated a valid court order and received the due
				process protections and consideration of less restrictive alternatives as
				required by the federal Juvenile Justice and Delinquency Prevention Act.
3. There are written limitations
				on lower and upper ages for detention in the facility, and in no case may a
				youth under the age of 10 be held in the facility.
4. Non-offenders (including abused/neglected
				youth) shall not be detained in the facility.
5. The facility shall maintain written
				policies, procedures, and actual practices to ensure that:
a. The facility does not ask youth about
				their immigration status.
b. The
				facility shall not detain youth simply because the youth is undocumented.
c. The facility does not detain
				youth with immigration holds if they have no delinquency case or petition, or
				if they would be released under state law (e.g., youth arrested for a
				delinquent act who are released by the court at a detention hearing, receive a
				disposition to a non-secure placement, have their case dismissed, or finish a
				period of incarceration).
d. If the
				facility contracts to hold youth detained pursuant to Department of Homeland
				Security (DHS, formerly INS) regulations, only youth meeting the DHS
				regulations on secure confinement of youth are detained.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 2 - Classification, Assessment, Healthcare And Data › Rule 31-9-2.3 - Release Policies

Current through June 25, 2024
1. All releases
				shall be approved by the court of jurisdiction or the designated authority.
2. The facility shall provide
				release forms to be signed by the person to whom the juvenile is released and
				by the staff person releasing the juvenile.
3. Temporary releases for court attendance,
				medical appointments or placement visits, or other necessary purposes shall be
				permitted when authorized by the court or its designated official.
4. Procedures and practice for release of
				juveniles shall include:
a. verification of
				identity;
b. completion of any
				pending action, including any grievance or claim for damages or lost
				possessions;
c. transportation
				arrangements;
d. instructions for
				forwarding mail; and
e. return of
				money and personal property to the juvenile. A receipt for all money and
				personal property shall be signed by the juvenile.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 2 - Classification, Assessment, Healthcare And Data › Rule 31-9-2.4 - Rights of Juveniles

Current through June 25, 2024
1. The rights of
				juveniles while in detention or secure care shall not be diminished or denied
				for disciplinary reasons.
2.
				Written policies and procedures shall provide that juveniles are assured their
				rights subject only to the limitations necessary to maintain order and security
				in the facility. Procedures and practice shall ensure the following:
a. Freedom from personal abuse, corporal or
				unusual punishment, excessive use of force, humiliation, harassment, mental
				abuse or punitive interference with the daily functions of living, such as
				eating or sleeping;
b. Freedom from
				discrimination based on race, culture, religion, national origin, sex or
				disability;
c. Equal access to
				programs and services for both male and female juveniles in coed facilities;
d. Receipt and explanation of
				written rules and grievance procedures of the facility, in a language which the
				juvenile can understand;
e.
				Opportunity for a variety of physical exercise, including outdoor exercise when
				weather permits;
f. Participation
				in religious worship and religious counseling on a voluntary basis, subject
				only to the limitations necessary to maintain facility order and security;
g. Reasonable religious diets;
h. The right to wear personal
				clothing consistent with facility guidelines. If the facility provides
				clothing, it shall be of proper size and contemporary style;
i. Access to the courts and confidential
				contact with attorneys, judges, parents, social workers and other
				professionals, including telephone conversations, visits and
				correspondence;
j. Medical
				treatment and emergency dental care, a medically proper diet and the right to
				know what and why medications have been prescribed;
k. The right to send and receive
				mail;
l. The right to receive
				visitors and communication in accordance with the facility's visitation
				policies; and
m. The right to
				determine the length and style of hair, except when a physician determines that
				a haircut is medically necessary.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 2 - Classification, Assessment, Healthcare And Data › Rule 31-9-2.5 - Detention Process

Current through June 25, 2024
1. Admissions staff
				screen youth to identify immediate individual issues, such as intoxication or
				injury, and collect information about the youth's family, education status, and
				delinquency history.
2. Admissions
				interviews occur in a private setting.
3. Staff ask youth about any disabilities and
				provide necessary auxiliary aids or services to youth, as required by the
				Americans with Disabilities Act.
4.
				The admissions process includes offering youth at least one telephone call, a
				shower, and documented secure storage of personal belongings. Youth are offered
				food regardless of their time of arrival.
5. At the time of admission or shortly
				thereafter, youth receive a written and verbal orientation to institutional
				rights, rules, and procedures by admission staff including:
a. identification of key staff and roles;
b. rules on contraband and
				facility search policies;
c. a
				review of behavior expectations, consequences that may result when youth
				violate the rules of the facility, and due process protections;
d. grievance procedures;
e. access to emergency and routine health and
				mental health care;
f. housing
				assignments;
g. opportunities for
				personal hygiene;
h. rules on
				visiting, correspondence, and telephone use;
i. access to education, religious services,
				programs, and recreational materials;
j. policies on use of force, restraints, and
				isolation;
k. the facility's
				positive behavior incentive system;
l. emergency procedures;
m. the right to be free from physical,
				verbal, or sexual assault by other youth or staff;
n. how to report problems at the facility
				such as abuse, feeling unsafe, and theft; and
o. nondiscrimination policies.
Mississippi Administrative Code › Title 31 - Public Safety › Part 9 - REGULATION REGARDING THE LICENSURE OF JUVENILE DETENTION FACILITIES › Chapter 2 - Classification, Assessment, Healthcare And Data › Rule 31-9-2.6 - Population Management

Current through June 25, 2024
1. Written
				policies, procedures, and actual practices ensure that when the institutional
				population approaches or reaches its operational capacity, appropriate youth
				are released, transferred, or "stepped down" to non-secure settings.
2. Written policies, procedures, and actual
				practices ensure that staff review the institutional population on a daily
				basis to identify youth who may no longer need secure confinement and make
				appropriate notifications to the youth court judge.
3. The agency responsible for detention
				regularly collects, reviews, and reports data, including: number of youth
				brought to detention by each agency (e.g., police, school police, group home);
				offenses charged or other reasons for detention such as failure to appear or
				violation of probation; admissions to detention; releases from detention;
				average daily population in detention; average length of stay in detention; and
				rearrests, violations of probation, and failures to appear. All data are
				available disaggregated by race/ethnicity, gender, and geography.
Miss. Code Ann.
				  §§
										43-21-901
				  to
				  43-21-915
				  (Rev. 2016).