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H. B. No. 1930 *HR26/A091SG* ~ OFFICIAL ~ A1/2
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To: Appropriations D;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives Mims, Read, Barton,
Cockerham, Faulkner, McKnight, Rushing,
Watson
HOUSE BILL NO. 1930
(As Sent to Governor)
AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING 1
THE EXPENSES OF THE OFFICE OF STATE PUBLIC DEFENDER OF THE STATE 2
OF MISSISSIPPI FOR THE FISCAL YEAR 2027. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. The following sum, or so much thereof as may be 5
necessary, is appropriated out of any money in the State General 6
Fund not otherwise appropriated, for the purpose of defraying the 7
expenses of the Office of State Public Defender of the State of 8
Mississippi for the fiscal year beginning July 1, 2026, and ending 9
June 30, 2027..................................... $ 4,678,350.00. 10
SECTION 2. The following sum, or so much thereof as may be 11
necessary, is appropriated out of any money in any special fund in 12
the State Treasury to the credit of the Office of State Public 13
Defender which is comprised of special source funds collected by 14
or otherwise available to the office, to defray the expenses of 15
the office for the fiscal year beginning July 1, 2026, and ending 16
June 30, 2027..................................... $ 728,677.00. 17
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SECTION 3. Of the funds appropriated under the provisions of 18
Section 1, the following positions are authorized: 19
AUTHORIZED HEADCOUNT: 20
Permanent: 25 21
Time-Limited: 0 22
Any transfers or escalations shall be made in accordance with 23
the terms, conditions, and procedures established by law. 24
No general funds authorized to be expended herein shall be 25
used to replace federal funds and/or other special funds which are 26
being used for salaries authorized under the provisions of this 27
act and which are withdrawn and no longer available. 28
SECTION 4. In compliance with the "Mississippi Performance 29
Budget and Strategic Planning Act of 1994," it is the intent of 30
the Legislature that the funds provided herein shall be utilized 31
in the most efficient and effective manner possible to achieve the 32
intended mission of this agency. Based on the funding authorized, 33
this agency shall make every effort to attain the targeted 34
performance measures provided below: 35
FY2027 36
Performance Measures Target 37
Capital Defense 38
Percent of Trial Cases Opened Less Than 39
One Year 75.00 40
Percent Change in Running Average of 41
Reversals Due to Ineffective Assistance 42
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of Counsel 0.00 43
Average of Reversals Due to Ineffective 44
Assistance of Counsel 8 45
A reporting of the degree to which the performance targets 46
set above have been or are being achieved shall be provided in the 47
agency's budget request submitted to the Joint Legislative Budget 48
Committee for Fiscal Year 2028. 49
SECTION 5. Of the funds provided in Section 1 of this act, 50
Four Hundred Forty-six Thousand Five Hundred Twenty-one Dollars 51
($446,521.00), or so much thereof as may be necessary, is provided 52
for three (3) full-time assistant public defenders pursuant to 53
House Bill No. 1020, 2023 Regular Session, and engrossed in 54
Section 25-32-4, Mississippi Code of 1972. 55
SECTION 6. It is the intention of the Legislature that the 56
Office of State Public Defender shall maintain complete accounting 57
and personnel records related to the expenditure of all funds 58
appropriated under this act and that such records shall be in the 59
same format and level of detail as maintained for Fiscal Year 60
2026. It is further the intention of the Legislature that the 61
agency's budget request for Fiscal Year 2028 shall be submitted to 62
the Joint Legislative Budget Committee in a format and level of 63
detail comparable to the format and level of detail provided 64
during the Fiscal Year 2027 budget request process. 65
SECTION 7. It is the intention of the Legislature that 66
whenever two (2) or more bids are received by this agency for the 67
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purchase of commodities or equipment, and whenever all things 68
stated in such received bids are equal with respect to price, 69
quality and service, the Mississippi Industries for the Blind 70
shall be given preference. A similar preference shall be given to 71
the Mississippi Industries for the Blind whenever purchases are 72
made without competitive bids. 73
SECTION 8. It is the intention of the Legislature that the 74
funds herein appropriated shall be expended in compliance with 75
Section 27-104-25, Mississippi Code of 1972, that no state agency 76
shall incur obligations or indebtedness in excess of their 77
appropriation and that the responsible officers, either personally 78
or upon their official bonds, shall be held responsible for 79
actions contrary to this provision. 80
SECTION 9. Of the funds provided in Section 1, Five Hundred 81
Seventy-two Thousand Five Hundred Dollars ($572,500.00) shall be 82
provided for the Indigent Parental Representation for the purpose 83
of contracting with trained and certified attorneys to represent 84
indigent parents or guardians in abuse, neglect or termination of 85
parental rights proceedings as provided under Sections 43-21-201 86
and 99-18-13, Mississippi Code of 1972. 87
SECTION 10. Of the funds provided in Section 1, Two Hundred 88
Thirty-five Thousand Nine Hundred Twenty-six Dollars ($235,926.00) 89
is provided for the purpose of employing an experienced Youth 90
Defender and legal assistant to support training and technical 91
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services and provide appellate representation as provided under 92
Section 43-21-201, Mississippi Code of 1972. 93
SECTION 11. The following sum, or so much thereof as may be 94
necessary, is reappropriated out of any money in the Capital 95
Expense Fund not otherwise appropriated for the Office of State 96
Public Defender for the purpose of reauthorizing the expenditure 97
of Capital Expense Funds as authorized in House Bill No. 37, 2025 98
First Extraordinary Session, for the Hinds County Public 99
Defender's Office for the fiscal year beginning July 1, 2026, and 100
ending June 30, 2027............................ $ 36,000.00. 101
Notwithstanding the amount reappropriated under the 102
provisions of this section, in no event shall the amount expended 103
exceed the unexpended balances as of June 30, 2026. In addition, 104
this reappropriation shall not change the purpose for which the 105
funds were originally authorized. 106
SECTION 12. The following sum, or so much thereof as may be 107
necessary, is reappropriated out of any money in the Capital 108
Expense Fund not otherwise appropriated, for the Office of State 109
Public Defender for the purpose of reauthorizing the expenditure 110
of Capital Expense Funds as authorized in House Bill No. 37, 2025 111
First Extraordinary Session, for the Rural Legal Defense Pilot 112
Program for the fiscal year beginning July 1, 2026, and ending 113
June 30, 2027.................................. $ 200,000.00. 114
Notwithstanding the amount reappropriated under the 115
provisions of this section, in no event shall the amount expended 116
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exceed the unexpended balances as of June 30, 2026. In addition, 117
this reappropriation shall not change the purpose for which the 118
funds were originally authorized. 119
SECTION 13. Of the funds appropriated in Section 2, Five 120
Hundred Seventy-eight Thousand Six Hundred Seventy-seven Dollars 121
($578,677.00), or so much thereof as may be necessary, shall be 122
derived out of any money in the State Treasury to the credit of 123
the Capital Expense Fund, as created in Section 27-103-303, 124
Mississippi Code of 1972, and allocated in a manner as determined 125
by the Treasurer's Office. These funds are provided for a rural 126
public defense pilot program. None of the funds authorized in 127
this section for the pilot program may be used to displace, 128
replace, or remove any full-time or part-time county public 129
defender who is appointed by the circuit judge of that county and 130
paid with county funds. 131
SECTION 14. Of the funds appropriated under the provisions 132
of Section 2, One Hundred Fifty Thousand Dollars ($150,000.00), or 133
so much thereof, shall be derived out of any money in the State 134
Treasury to the credit of the Capital Expense Fund, as created in 135
Section 27-103-303, Mississippi Code of 1972, and allocated in a 136
manner as determined by the State Treasurer. These funds are 137
provided to the Office of State Public Defender for Family 138
Defenders in Youth Court. 139
SECTION 15. As a condition of expending the funds provided 140
in Section 14, the Office of State Public Defender shall create a 141
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ST: Appropriation; State Public Defender,
Office of.
report on Youth Courts for the period July 1, 2026, through 142
December 31, 2026, that includes the following: the number of 143
Family Defender attorneys and their county of practice who have 144
worked for the agency during the period; the number of active 145
cases assigned to these Family Defenders attorneys and the county 146
where the case is filed; the number of cases assigned pending for 147
more than one (1) year; the number of cases disposed of; the 148
number of termination of parental rights cases; the number of 149
children adjudicated, neglected, or abused. This report shall be 150
submitted no later than January 15, 2027, to the Governor, 151
Lieutenant Governor, the Speaker of the House of Representatives, 152
the Chairmen of the Senate and House Appropriations and Judiciary 153
A Committees, and the Legislative Budget Office. Further, the 154
agency shall create the same report for the period of January 1, 155
2027, through June 30, 2027, which shall be submitted no later 156
than July 15, 2027. 157
SECTION 16. The money herein appropriated shall be paid by 158
the State Treasurer out of any money in the State Treasury to the 159
credit of the proper fund or funds as set forth in this act, upon 160
warrants issued by the State Fiscal Officer; and the State Fiscal 161
Officer shall issue warrants upon requisitions signed by the 162
proper person, officer or officers, in the manner provided by law. 163
SECTION 17. This act shall take effect and be in force from 164
and after July 1, 2026. 165