Youth court; revise transfer to circuit court.

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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Simmons (12th)

SENATE BILL NO. 2226

AN ACT TO AMEND SECTION 43-21-157, MISSISSIPPI CODE OF 1972, 1
TO REVISE TRANSFER FROM YOUTH COURT TO CIRCUIT COURT; AND FOR 2
RELATED PURPOSES. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 4
SECTION 1. Section 43-21-157, Mississippi Code of 1972, is 5
amended as follows: 6
43-21-157. (1) If a child who has reached his * * * 7
sixteenth birthday is charged by petition to be a delinquent 8
child, the youth court, either on motion of the youth court 9
prosecutor or on the youth court's own motion, after a hearing as 10
hereinafter provided, may, in its discretion, transfer 11
jurisdiction of the alleged offense described in the petition or a 12
lesser included offense to the criminal court which would have 13
trial jurisdiction of such offense if committed by an adult. A 14
child who is twelve (12) years of age or younger shall be 15
ineligible for transfer to circuit court. For a child who is 16
between the ages of thirteen (13) and fifteen (15) to be eligible 17
for transfer to circuit court, the child must previously have been 18
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adjudicated delinquent for three (3) felonies and been committed 19
to the state training school at least two (2) times. The child 20
shall be represented by counsel in transfer proceedings. 21
(2) A motion to transfer shall be filed on a day prior to 22
the date set for the adjudicatory hearing but not more than ten 23
(10) days after the filing of the petition. The youth court shall 24
order a transfer study at the time the motion is filed for any 25
youth under the age of sixteen (16). The youth court may order a 26
transfer study for any child who has reached his sixteenth 27
birthday at * * * the time * * * the motion to transfer is filed. 28
The transfer study and any other social record which the youth 29
court will consider at the transfer hearing shall be made 30
available to the child's counsel prior to the hearing. Summons 31
shall be served in the same manner as other summons under this 32
chapter with a copy of the motion to transfer and the petition 33
attached thereto. 34
(3) The transfer hearing shall be bifurcated. At the 35
transfer hearing, the youth court shall first determine whether 36
probable cause exists to believe that the child committed the 37
alleged offense. For the purpose of the transfer hearing only, 38
the child may, with the assistance of counsel, waive the 39
determination of probable cause. 40
(4) Upon such a finding of probable cause, the youth court 41
may transfer jurisdiction of the alleged offense and the youth if 42
the youth court finds by clear and convincing evidence that there 43
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are no reasonable prospects of rehabilitation within the juvenile 44
justice system. 45
(5) The factors which shall be considered by the youth court 46
in determining the reasonable prospects of rehabilitation within 47
the juvenile justice system are: 48
(a) Whether or not the alleged offense constituted a 49
substantial danger to the public; 50
(b) The seriousness of the alleged offense; 51
(c) Whether or not the transfer is required to protect 52
the community; 53
(d) Whether or not the alleged offense was committed in 54
an aggressive, violent, premeditated or willful manner; 55
(e) Whether the alleged offense was against persons or 56
against property, greater weight being given to the offense 57
against persons, especially if personal injury resulted; 58
(f) The sophistication, maturity and educational 59
background of the child; 60
(g) The child's home situation, emotional condition and 61
lifestyle; 62
(h) The history of the child, including experience with 63
the juvenile justice system, other courts, probation, commitments 64
to juvenile institutions or other placements; 65
(i) Whether or not the child can be retained in the 66
juvenile justice system long enough for effective treatment or 67
rehabilitation; 68
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(j) The dispositional resources available to the 69
juvenile justice system; 70
(k) Dispositional resources available to the adult 71
correctional system for the child if treated as an adult; 72
(l) Whether the alleged offense was committed on school 73
property, public or private, or at any school-sponsored event, and 74
constituted a substantial danger to other students; and 75
(m) Any other factors deemed relevant by the youth 76
court * * *. 77
* * * 78
(6) If the youth court transfers jurisdiction of the alleged 79
offense to a criminal court, the youth court shall enter a 80
transfer order containing: 81
(a) Facts showing that the youth court had jurisdiction 82
of the cause and of the parties; 83
(b) Facts showing that the child was represented by 84
counsel; 85
(c) Facts showing that the hearing was held in the 86
presence of the child and his counsel; 87
(d) A recital of the findings of probable cause and the 88
facts and reasons underlying the youth court's decision to 89
transfer jurisdiction of the alleged offense; 90
(e) The conditions of custody or release of the child 91
pending criminal court proceedings, including bail or recognizance 92
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as the case may justify, as well as a designation of the custodian 93
for the time being; and 94
(f) A designation of the alleged offense transferred 95
and of the court to which the transfer is made and a direction to 96
the clerk to forward for filing in such court a certified copy of 97
the transfer order of the youth court. 98
(7) The testimony of the child respondent at a transfer 99
hearing conducted pursuant to this chapter shall not be admissible 100
against the child in any proceeding other than the transfer 101
hearing. 102
(8) When jurisdiction of an offense is transferred to the 103
circuit court, or when a youth has committed an act which is in 104
original circuit court jurisdiction pursuant to Section 43-21-151, 105
the jurisdiction of the youth court over the youth for any future 106
offenses is terminated, except that jurisdiction over future 107
offenses is not terminated if the circuit court transfers or 108
remands the transferred case to the youth court or if a child who 109
has been transferred to the circuit court or is in the original 110
jurisdiction of the circuit court is not convicted. However, when 111
jurisdiction of an offense is transferred to the circuit court 112
pursuant to this section or when an offense committed by a youth 113
is in original circuit court jurisdiction pursuant to Section 114
43-21-151, the circuit court shall thereafter assume and retain 115
jurisdiction of any felony offenses committed by such youth 116
without any additional transfer proceedings. Any misdemeanor 117
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offenses committed by youth who are in circuit court jurisdiction 118
pursuant to this section or Section 43-21-151 shall be prosecuted 119
in the court which would have jurisdiction over that offense if 120
committed by an adult without any additional transfer proceedings. 121
The circuit court may review the transfer proceedings on motion of 122
the transferred child. Such review shall be on the record of the 123
hearing in the youth court. The circuit court shall remand the 124
offense to the youth court if there is no substantial evidence to 125
support the order of the youth court. The circuit court may also 126
review the conditions of custody or release pending criminal court 127
proceedings. 128
(9) When any youth has been the subject of a transfer to 129
circuit court for an offense committed in any county of the state 130
or has committed any act which is in the original jurisdiction of 131
the circuit court pursuant to Section 43-21-151, that transfer or 132
original jurisdiction shall be recognized by all other courts of 133
the state and no subsequent offense committed by such youth in any 134
county of the state shall be in the jurisdiction of the youth 135
court unless transferred to the youth court pursuant to Section 136
43-21-159(3). Transfers from youth courts of other states shall 137
be recognized by the courts of this state and no youth who has a 138
pending charge or a conviction in the adult court system of any 139
other state shall be in the jurisdiction of the youth courts of 140
this state, but such youths shall be in the jurisdiction of the 141
circuit court for any felony committed in this state or in the 142
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ST: Youth court; revise transfer to circuit
court.
jurisdiction of the court of competent jurisdiction for any 143
misdemeanor committed in this state. 144
SECTION 2. This act shall take effect and be in force from 145
and after July 1, 2026. 146