HB 1559 — Human trafficking and commercial sexual exploitation; provide services for victims through approved services.

1386, 2020 Regular Session.

     (2)  A resident, employee, contractor, volunteer or agent of a human trafficking shelter, commercial sexual exploitation shelter or victim services provider receiving funds under Sections 1 through 4 of this act shall not be required to disclose the street address or physical location of that shelter to any public or private agency.  In all cases where the provision of a physical address is required, a post office box address for the human trafficking and commercial sexual exploitation shelter shall be deemed sufficient.

     (2)  In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected from each person upon whom a court imposes a fine or other penalty for any violation of Section 97-3-7, 97-3-54.1, 97-3-65, 97-3-95, 97-5-1 et seq., or 97-29-51,97-29-51 when committed against a minor, an assessment of One Thousand Dollars ($1,000.00) to be deposited into the "Victims of Human Trafficking and Commercial Sexual Exploitation Fund" created in Section 2 of this act.

     SECTION 6.  Section 83-39-31,43-26-1, Mississippi Code of 1972, is amended as follows:

     83-39-31.  (1)  Upon every defendant charged with a criminal offense who posts a cash bail bond, a surety bail bond, a property bail bond or a guaranteed arrest bond certificate conditioned for his appearance at trial, there is imposed a fee equal to two percent (2%) of the face value of each bond or Twenty Dollars ($20.00), whichever is greater, to be collected by the clerk of the court when the defendant appears in court for final adjudication or at the time the defendant posts cash bond unless subsection (4) applies.

     (2)  Upon each defendant charged with a criminal offense who is released on his own recognizance, who deposits his driver's license in lieu of bail, or who is released after arrest on written promise to appear, there is imposed a fee of Twenty Dollars ($20.00) to be collected by the clerk of the court when the defendant appears in court for final adjudication unless subsection (4) applies.

     (3)  Upon each defendant convicted of a criminal offense who appeals his conviction and posts a bond conditioned for his appearance, there is imposed a fee equal to two percent (2%) of the face value of each bond or Twenty Dollars ($20.00), whichever is greater.  If such defendant is released on his own recognizance pending his appeal, there is imposed a fee of Twenty Dollars ($20.00).  The fee imposed by this subsection shall be imposed and shall be collected by the clerk of the court when the defendant posts a bond unless subsection (4) applies.

     (4)  If a defendant is found to be not guilty or if the charges against a defendant are dismissed, or if the prosecutor enters a nolle prosequi in the defendant's case or retires the defendant's case to the file, or if the defendant's conviction is reversed on appeal, the fees imposed pursuant to subsections (1), (2), (3) * * *and, (7) and (8) shall not be imposed.

     (5)  The State Auditor shall establish by regulation procedures providing for the timely collection, deposit, accounting and, where applicable, refund of the fees imposed by this section.  The Auditor shall provide in the regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which the defendant is entitled to a refund.

     (6)  It shall be the duty of the clerk or any officer of the court authorized to take bonds or recognizances to promptly collect, at the time such bonds or recognizances are received or taken, all fees imposed pursuant to this section.  In all cases, the clerk or officer of the court shall deposit all fees so collected with the State Treasurer, pursuant to appropriate procedures established by the State Auditor, for deposit into the State General Fund.

     (7)  In addition to the fees imposed by this section, there shall be an assessment of Ten Dollars ($10.00) imposed upon every criminal defendant charged with a criminal offense who posts a cash bail bond, a surety bail bond, a property bail bond or a guaranteed arrest bond to be collected by the clerk of the court and deposited in the Victims of Domestic Violence Fund created by Section 93-21-117, unless subsection (4) applies.

     (8)  In addition to the fees imposed by this section, there shall be an assessment of Ten Dollars ($10.00) imposed upon every criminal defendant charged with a criminal offense who posts a cash bail bond, a surety bail bond, a property bail bond or a guaranteed arrest bond to be collected by the clerk of the court and deposited in the "Victims of Human Trafficking and Commercial Sexual Exploitation Fund" created in Section 2 of this act, unless subsection (4) of this section applies.

     SECTION 7.  Section 43-26-1, Mississippi Code of 1972, is amended as follows:

     (7)  TheThe * * *PEER PEER Committee shall review the programs or program of the Mississippi Department of Child Protection Services, beginning with fiscal year 2017 and each year thereafter.  PEER shall submit this review to the Chair of the Senate Public Health and Welfare Committee, the Chair of the Senate Appropriations Committee, the Chair of the House Public Health and Human Services Committee, the Chair of the House Appropriations Committee, the Lieutenant Governor, the Speaker of the House of Representatives, and the Governor by December 1 of each year.  The review shall consist of the following:

           (a)  A review of the effectiveness of any program of the department for which appropriated outcome measures have been established;

           (b)  Caseloads for social workers for each county or another appropriate geographic area;

           (c)  Turnover rates of social worker staff by county or other geographic area;

           (d)  Sources and uses of department funding;

and            (e)  Any other matters that the PEER Committee considers to be pertinent to the performance of agency programs.programs Mississippi Department of Child Protection Services shall submit a copy of the federal Annual Progress and Services Report (APSR) to the Chair of the Senate Public Health and Welfare Committee, the Chair of the Senate Appropriations Committee, the Chair of the House Public Health and Human Services Committee, the Chair of the House Appropriations Committee, the Lieutenant Governor, the Speaker of the House of Representatives, and the Governor by December 1 of each year.

     (8)  (a)  The Commissioner of Child Protection Services shall hire a Coordinator of Services for Victims of Human Trafficking and Commercial Sexual Exploitation within the Department of Child Protection Services whose duties shall include, but not be limited to, the following:                (i)  To createform multidisciplinaryspecialized teamshuman withintrafficking theand Departmentcommercial ofsexual Childexploitation Protectionassessment Servicesteams to respond on an as-needed basis to act as an emergency, separate and specialized humanresponse trafficking and commercialassessment sexualteam exploitation multidisciplinary teams to rapidly respond to the needs of children who are victims of human trafficking and commercial sexual exploitation;

and               (v)  To develop and coordinate services within the Department of Child Protection Services toand helpwith outside service providers for victims of human trafficking and commercial sexual exploitation.

          (b)  The Commissioner of Child Protection Services shall develop standard operating procedures for the investigation, custody and services provided to alleged victims of human trafficking and commercial sexual exploitation.                SECTION(c)  8.  The followingCommissioner shall require two (2) hours of training regarding the subject of identifying, assessing, and providing comprehensive services to a child who has experienced or is alleged to have experienced commercial sexual exploitation or human trafficking.  The training must be codifiedincorporated asinto Sectionthe 43-26-3,pre-service training requirements of all Mississippi CodeDepartment of 1972:Child Protection Services family specialists, adoption specialists, licensure specialists, direct supervisors of family protection specialists, direct supervisors of adoption specialists, and direct supervisors of licensure specialists.

     43-26-3. SECTION (1) 7.  The Departmentfollowing ofshall Childbe Protectioncodified Services,as withinSection twenty-four43-26-3, (24)Mississippi hoursCode of receiving1972: a report of child abuse, human trafficking of a child or commercial sexual exploitation of a child that is located in this state, in addition to the department's duties under Section 43-21-353, shall:

               (a) 43-26-3.  Interview(1)  The Department of Child Protection Services shall immediately send the childon-call incaseworker person;to the scene or location chosen by law enforcement (a) when the department is contacted by a law enforcement officer who encounters a minor whom the officer reasonably suspects of being a victim of human trafficking or commercial sexual exploitation, and (b) the officer requests such assistance using the Mississippi Child Protection Services hotline.

      (2)  The Department of Child Protection Services, in addition to its duties provided in Section 43-21-353, within twenty-four (24) hours of receiving a report of child abuse, human trafficking of a child or commercial sexual exploitation of a child, sending an on-call caseworker to a location in response to a minor who is reasonably suspected of being a victim of human trafficking or commercial sexual exploitation at the request of a law enforcement officer, or when a Child Protection Services caseworker encounters a minor who is reasonably suspected of being a victim of human trafficking or commercial sexual exploitation, shall:

          (a)  Make in-person contact with the child to determine appropriate next steps for the protection of the child, or where in-person contact cannot be made within twenty-four (24) hours of receiving the report, shall immediately notify the Coordinator of Services for Victims of Human Trafficking and Commercial Sexual Exploitation within the Department of Child Protection Services and law enforcement, and shall document all steps taken to make contact with the child as well as the steps that will be taken to locate and ascertain the safety of the child;

          (c)  Attempt to have law enforcement or an appropriate investigator conduct an on-site interview with the child's allegedsuspected abuser;offender;

and           (d)  Document and assess the safety of other children in the care or custody of the caretaker andand/or allegedwho abuser.may be at risk of abuse by the suspected offender.

     (2)  For If purposes of this section, the term "Sexual Assault Nurse Examiner" means a registered nurse who has received a documented forty (40) hours of training as a Sexual Assault Nurse Examiner.  If the child is suspected to be a victim of human trafficking or commercial sexual exploitation, the Coordinator of Services for Victims of Human Trafficking and Commercial Sexual Exploitation within the Department of Child Protection Services shall activate an emergency, separate and specialized human trafficking and commercial sexual exploitation multi-disciplinaryassessment team.  The team shall include, at a minimum:  (a) an investigator certified by the Mississippi Human Trafficking Operational Task Force BoardBoard, in collaboration with MSAHT, (b) an investigator from the Department of Child Protection Services, and (c) a person certified by the MSAHToffice of the Attorney General as an advocate for victims of human trafficking and commercial sexual exploitation.  Such emergency multidisciplinaryassessment team shall be created without authorization of the youth court.court, or designated by the Office of the Attorney General as an advocate for such victims.

     SECTION 9. 8.  Section 43-15-51, Mississippi Code of 1972, is amended as follows:

     (3)  (a)  Teams created under this section may invite other persons to serve on the team who have knowledge of and experience in child abuse and neglect and commercial sexual exploitation and human trafficking matters.  These persons may include licensed mental and physical health practitioners and physicians, dentists, representatives of the district attorney's office and the Attorney General's office, experts in the assessment and treatment of substance abuse or sexual abuse, the victim assistance coordinator of the district attorney's office, staff members of a child advocacy center, sexual assault nurse examiners and experts in providing services to commercial sexual exploitation and human trafficking victims.victims.  For purposes of this paragraph, the term "sexual assault nurse examiner" means a registered nurse who has received a documented forty (40) hours of training as a sexual assault nurse examiner.

     SECTION 10. 9.  SectionThis 43-1-55,act Mississippishall Codetake ofeffect 1972,and whichbe wasin repealedforce byfrom operationand ofafter lawits onpassage. July 1, 2019, is reenacted as follows:

     43-1-55.  (1)  The Office of Family and Children's Services and the Division of Aging and Adult Services shall devise formal standards for employment as a family protection worker and as a family protection specialist within their respective offices and for service delivery designed to measure the quality of services delivered to clients, as well as the timeliness of services.  The standards shall include at least two (2) hours of training regarding the subject of identifying, assessing and providing comprehensive services to a child who has experienced or is alleged to have experienced commercial sexual exploitation or human trafficking.  For family protection workers, this training may be included in the four (4) weeks of intensive training described in paragraph (b) of this subsection.  Each family protection worker and family protection specialist shall be assessed annually by a supervisor who is a licensed social worker who is knowledgeable in the standards promulgated.  The standards devised by each office shall be applicable to all family protection workers and family protection specialists working under that office.

     (2)  The Office of Family and Children's Services shall devise formal standards for family protection workers of the Department of Human Services who are not licensed social workers.  Those standards shall require that:

          (a)  In order to be employed as a family protection worker, a person must have a bachelor's degree in either psychology, sociology, nursing, family studies, or a related field, or a graduate degree in either psychology, sociology, nursing, criminal justice, counseling, marriage and family therapy or a related field.  The determination of what is a related field shall be made by certification of the State Personnel Board;

and           (b)  Before a person may provide services as a family protection worker, the person shall complete four (4) weeks of intensive training provided by the training unit of the Office of Family and Children's Services, and shall take and receive a passing score on the certification test administered by the training unit upon completion of the four-week training.  Upon receiving a passing score on the certification test, the person shall be certified as a family protection worker by the Department of Human Services.  Any person who does not receive a passing score on the certification test shall not be employed or maintain employment as a family protection worker for the department.  Further, a person, qualified as a family protection worker through the procedures set forth above, shall not conduct forensic interviews of children until the worker receives additional specialized training in child forensic interview protocols and techniques by a course or curriculum approved by the Department of Human Services to be not less than forty (40) hours.

     (3)  For the purpose of providing services in child abuse or neglect cases, youth court proceedings, vulnerable adults cases, and such other cases as designated by the Executive Director of Human Services, the caseworker or service provider shall be a family protection specialist or a family protection worker whose work is overseen by a family protection specialist who is a licensed social worker.

     (4)  The Department of Human Services and the Office of Family and Children's Services shall seek to employ and use family protection specialists to provide the services of the office, and may employ and use family protection workers to provide those services only in counties in which there is not a sufficient number of family protection specialists to adequately provide those services in the county.

     (5)  (a)  There is created a Training and Testing Advisory Council to review the department's program of training and testing of family protection workers and to make recommendations pertaining to the program to the department.  The advisory council shall be composed of the following ten (10) members:  two (2) employees of the department appointed by the Executive Director of Human Services, including one (1) representative of the Office of Family and Children's Services and one (1) representative of the Division of Aging and Adult Services;

the Chairman of the Consortium of Accredited Schools of Social Work in Mississippi;

and the executive director or a board member of a professional association or licensing board for each field of study named in subsection (2)(a) of this section, as follows:  the Mississippi Chapter of the National Association of Social Workers;

a marriage and family therapist who is a member of the Board of Examiners for Social Workers and Marriage and Family Therapists, to be selected by the four (4) members of the board of examiners who are marriage and family therapists;

the Mississippi Nurses Association;

the Mississippi Prosecutors Association;

the Mississippi Counseling Association;

the Mississippi Psychological Association;

and an officer of the Alabama-Mississippi Sociological Association who is a Mississippi resident elected by the executive committee of the association.  The executive director of each association (excluding the Alabama-Mississippi Sociological Association) and chairman of the consortium may designate an alternate member to serve in his stead on the advisory council.  Members of the advisory council shall serve without salary or per diem.

          (b)  A majority of the advisory council members shall select from their membership a chairperson to preside over meetings and a vice chairperson to preside in the absence of the chairperson or when the chairperson is excused.  The advisory council shall adopt procedures governing the manner of conducting its business.  A majority of the members shall constitute a quorum to do business.

     SECTION 11.  This act shall take effect and be in force from and after * * *July 1, 2020 its passage.