Mississippi lawmakers on Wednesday will consider reforms to the state’s youth court system that would lead to more full-time judges presiding over cases, the creation of two new state-run juvenile jails and the fixing of expired statutes that have led to several lawsuits, Gov. Tate Reeves said.
At a press briefing hours before lawmakers were set to reconvene for a special legislative session, Reeves said changes will move Mississippi toward creating a uniform youth court system statewide, as opposed to the “fragmented” system that currently exists. The reforms before the Legislature are the beginning of a long road toward improvement, Reeves added.
“Changing a system that has developed over decades will take time,” Reeves said. “But that is not a reason to delay. It is a reason to begin now. We should be honest with the people of Mississippi that no single bill will eliminate juvenile crime, no single bill will fix every child welfare case, and no single bill will immediately produce uniform outcomes in all 82 counties. But we should also be clear that maintaining the status quo is unacceptable.”
Reeves first announced the special session in a social media post on Tuesday afternoon, exactly 24 hours before lawmakers were to return to Jackson. The special session is necessary because statutes relating to youth court expired on June 30, thrusting the system into a period of uncertainty that has prompted state and federal litigation.
But in addition to reviving the old system, which has statutorily sunsetted, Reeves said House and Senate leaders have reached a deal on a wider range of reforms that will “create a far better system.”
Reeves said lawmakers will consider four bills, three of which are appropriations measures. In total, the proposals call for $29.5 million in new spending on the youth court system, Reeves said.
Some highlights of what the governor said is included in the measures:
Moving Mississippi to a system in which full-time judges preside over youth court matters statewide. Today, only 24 of Mississippi’s 82 counties have a full-time judge handling youth court cases. In many other counties, these matters are handled by “part-time referees” who may only serve a few days a month.
Creating additional chancellor positions, beginning in 2027, to serve counties that do not currently have full-time youth court judges. There will be a transition period that gives counties with existing youth courts the opportunity to decide whether they want to continue operating those courts or phase into a “chancery court model.”
Requiring that oral orders from judges be put in writing promptly, so families know exactly what the court has ordered and can exercise their right to appeal, a measure that “strengthens due process protections.”
Creating “a statewide evidence-based diversion program” to determine which juveniles can be “redirected before they become more deeply involved in the court system.” This approach reflects the reality that the state “cannot address juvenile crime through punishment alone.”
Expanding detention capacity at the Oakley Youth Development Center in Raymond and beginning “the process of developing additional secure detention options in both North Mississippi and South Mississippi.”
Helping counties cover the cost of housing juveniles in state facilities. Reeves said the legislation would cap the cost at $100 dollars a day per youth.
Giving youth courts exclusive jurisdiction over truancy issues.
Providing a $7.5-million boost to funding for a statewide intervention system run by the Department of Human Services. The Legislature also appropriated $1.5 million for the system, so this would bring the total funding to $9 million.
Giving $10 million to the Department of Public Safety to “show that the state is committed to having a detention facility similar to Oakley” in northern and southern areas of the state.
Reeves said the timing for the special session is related to several lawsuits executive agencies are involved in over expired youth court confidentiality laws.
The Office of State Public Defender in June filed a federal lawsuit against the state’s administrative court system because public defenders were not able to access crucial court records that would help serve their clients. The parties in the case had agreed to pause proceedings in the case until July 15, but were willing to extend that pause until July 27.
This lapse also prompted Child Protection Services, an agency under the governor’s control, to file an emergency request with the Mississippi Supreme Court asking the state’s highest court to establish interim youth court rules for how confidentiality records can be shared.
The Supreme Court unanimously granted the request, which essentially allowed the youth court to proceed as usual. This expires on July 24, but the court could extend this.
Democratic leaders in both chambers say Democratic members have “neither seen nor been meaningfully engaged in negotiating,” and some rank-and-file Republican lawmakers said they know little about the agreement.
Reeves said he hopes lawmakers from both parties will still support the reforms. He did not outline a timeline for the special session, but said it was possible lawmakers would not finish their work on Wednesday. He also said there are no definitive plans to add any other topics to the special session agenda “at this time.”
Mississippi Today reporter Taylor Vance contributed to this report
