Juvenile Justice Diversion Program; authorize to operate as re-petition and post-adjudication diversions for juveniles.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Creekmore IV

HOUSE BILL NO. 564

AN ACT TO AMEND SECTION 43-27-201, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT THE DIVISION OF YOUTH SERVICES' ADOLESCENT 2
OPPORTUNITY PROGRAMS (AOPS) SHALL BE KNOWN AS JUVENILE JUSTICE 3
DIVERSION PROGRAMS (JJDPS); TO REQUIRE THE JJDPS TO OFFER CERTAIN 4
ALTERNATIVES TO DETENTION DURING AFTER SCHOOL AND WEEKEND HOURS; 5
TO PROVIDE THAT SUBJECT TO THE AVAILABLY OF CERTAIN FUNDING, THE 6
JJDPS MAY OPERATE AS PRE-PETITION DIVERSION AND AS 7
POST-ADJUDICATION DIVERSION FOR THE PURPOSE OF DIVERTING JUVENILES 8
FROM DETENTION; TO AMEND SECTION 99-3-28, MISSISSIPPI CODE OF 9
1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED 10
PURPOSES. 11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 12
SECTION 1. Section 43-27-201, Mississippi Code of 1972, 13
is amended as follows: 14
43-27-201. (1) The purpose of this section is to outline 15
and structure a long-range proposal in addition to certain 16
immediate objectives for improvements in the juvenile facilities 17
of the Division of Youth Services of the Mississippi Department of 18
Human Services in order to provide modern and efficient 19
rehabilitation facilities for juvenile offenders in Mississippi, 20
who are committing an increasing percentage of serious and violent 21
crimes. 22
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(2) The Division of Youth Services shall establish, maintain 23
and operate * * * a Juvenile Justice Diversion Program (JJDP) 24
throughout the state, which may include non-Medicaid assistance 25
eligible juveniles. Beginning July 1, 2016, subject to 26
availability of funds appropriated therefor by the 27
Legislature, * * * JJDP professional services, salaries, facility 28
offices, meeting rooms and related supplies and equipment may be 29
provided through contract with local mental health centers or 30
other nonprofit community organizations. Each * * * JJDP 31
participating organization must incorporate evidence-based 32
practices and positive behavioral interventions that includes two 33
(2) or more of the following elements: academic * * * 34
tutoring * * * and literacy, mentoring, vocational training, 35
substance abuse treatment and education, individual counseling, 36
family counseling, and social adaptability skills training to 37
include, but not limited to, conflict resolution and anger 38
management. Programs may include, but shall not be limited to, 39
after school and weekend programs, job readiness programs, home 40
detention programs, community service conflict resolution 41
programs, restitution and community service. 42
The JJDP must offer alternatives to detention during after 43
school and weekend hours to include, but not be limited to, job 44
readiness skills training, curfew and house arrest monitoring, 45
community service work hours and restitution and restorative 46
justice practices. 47
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(3) Subject to availability of funds appropriated therefor 48
by the Legislature, the JJDP may operate as pre-petition diversion 49
and as a post-adjudication diversion for the purpose of diverting 50
juveniles from detention. The Division of Youth Services shall be 51
responsible for programmatic oversight including placement and 52
services provided to juveniles diverted from the youth courts in 53
the pre-petition setting. The youth courts, in consultation with 54
the Division of Youth Services, shall be responsible for 55
overseeing placement and services provided to juveniles in the 56
post-adjudication setting. 57
SECTION 2. Section 99-3-28, Mississippi Code of 1972, is 58
amended as follows: 59
99-3-28. (1) (a) (i) Except as provided in subsection (2) 60
of this section, before an arrest warrant shall be issued against 61
any teacher who is a licensed public school employee as defined in 62
Section 37-9-1, a certified jail officer as defined in Section 63
45-4-9, a counselor at * * * a juvenile justice diversion program 64
created under Section 43-27-201 et seq., or a sworn law 65
enforcement officer within this state as defined in Section 45-6-3 66
for a criminal act, whether misdemeanor or felony, which is 67
alleged to have occurred while the teacher, jail officer, 68
counselor at * * * a juvenile justice diversion program or law 69
enforcement officer was in the performance of official duties, a 70
probable cause hearing shall be held before a circuit court judge. 71
The purpose of the hearing shall be to determine if adequate 72
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probable cause exists for the issuance of a warrant. All parties 73
testifying in these proceedings shall do so under oath. The 74
accused shall have the right to enter an appearance at the 75
hearing, represented by legal counsel at his own expense, to hear 76
the accusations and evidence against him; he may present evidence 77
or testify in his own behalf. 78
(ii) The authority receiving any such charge or 79
complaint against a teacher, jail officer, counselor at * * * a 80
juvenile justice diversion program or law enforcement officer 81
shall immediately present same to the county prosecuting attorney 82
having jurisdiction who shall immediately present the charge or 83
complaint to a circuit judge in the judicial district where the 84
action arose for disposition pursuant to this section. 85
(b) For any person not covered under paragraph (a) of 86
this subsection, before an arrest warrant based on the criminal 87
complaint of a person who is not a law enforcement officer acting 88
in the officer's official capacity may be issued against the 89
person for an alleged criminal act, whether misdemeanor or felony, 90
the appropriate judge must make a determination, with or without a 91
hearing, as to whether the affidavit clearly identifies probable 92
cause to believe that the offense alleged has been committed, at 93
the discretion of the court. If the judge elects to hold a 94
probable cause hearing, parties testifying shall do so under oath 95
and the accused shall have the right to enter an appearance, be 96
represented by legal counsel at his own expense, to hear the 97
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ST: Juvenile Justice Diversion Program;
authorize to operate as re-petition and post-
adjudication diversions for juveniles.
accusations and evidence against him, and may present evidence or 98
testify in his own behalf. 99
(2) Nothing in this section shall prohibit the issuance of 100
an arrest warrant by a circuit court judge upon presentation of 101
probable cause, without the holding of a probable cause hearing, 102
if adequate evidence is presented to satisfy the court that there 103
is a significant risk that the accused will flee the court's 104
jurisdiction or that the accused poses a threat to the safety or 105
well-being of the public. 106
(3) Nothing in this section shall prohibit a law enforcement 107
officer from arresting any person under circumstances in which the 108
law enforcement officer would not be required to seek a warrant 109
from a court. 110
SECTION 3. This act shall take effect and be in force from 111
and after July 1, 2026. 112