AG Hood Outlines Budget Needs in Letter to Legislative Leaders

January 19, 2017

Attorney General Jim Hood sent the attached letter to legislative leaders this week, outlining the fiscal 2018 budget needs for the Attorney General’s Office. AG Hood called on legislators to fund anticipated expenses to defend the state against the U.S. Department of Justice’s mental health lawsuit. He again warned that the Crime Victim Compensation Fund and Law Enforcement and Firefighters Disability Fund would run out of money without legislative action to support those vital services.

Here is the text of the Attorney General’s letter:

Our FY 2018 budget request consists of the following two funding sources; General Funds

$32,550,031 and Federal Funds $5,577,872. The General Fund request includes funding

to replace Other Special Funds lost as a result of the SB 2362 legislation passed during

last year’s session. Also, the Crime Victim Compensation assistance payments and Law

Enforcement Officers and Fire Fighters Disability Benefit payments are now part of this

General Fund request.

Since Other Funds and Spending Authority from assessments, legal services billings and

other revenues have been eliminated as a funding source for this office, our General Fund

appropriation is critical. Historically, these Other Funds have comprised about $23 million

and funded 67% of this office. 

I would like to emphasize the other programs that will now require General Funds rather

than Special Funds to continue operations. They include Cyber Crime and Internet Crimes

Against Children, Vulnerable Persons Investigation and Prosecution, Child Support

Prosecution, State Agency Legal Representation, State Prosecutor Training and

Education, Domestic Violence Training, Workers’ Compensation Fraud Investigations,

Alcohol and Tobacco Enforcement, Medicaid Fraud Control federal match support,

Consumer Protection, and Children’s Advocacy Centers of Mississippi. 

In addition to these programs, our FY 2018 General Fund request includes $750,000 to

handle a portion of the costs associated with the Olmstead and Olivia Y litigation. As you

are aware, we received a complaint filed by the United States Department of Justice

against the State of Mississippi under the Americans with Disabilities Act, as interpreted

by the United States Supreme Court in Olmstead v. L.C., 527 U.S. 581 (1999). Due to the

complex nature of this litigation, we have retained the services of Phelps Dunbar LLP to

assist our Civil Litigation Division in representing the State. In the comparable Olivia Y.

Case concerning insufficiencies in Mississippi’s foster care system, the State has incurred

$20 million in attorneys’ fees, expenses and expert fees since FY 2005. We are

anticipating that the law firm of Baker Donelson, PC will continue to be retained as a

federal court monitor in FY 2018 and will continue to maintain a presence at the

Department of Human Services and work with the plaintiff firm. 

The Legislative Budget Office (LBO) recommendation of $26,231,968 in General Funds

is $6,318,063 below what is necessary to perform the vital duties of this office. Should this

recommendation become our General Fund appropriation in FY 2018, we will be forced

to suspend the Crime Victim Compensation and Law Enforcement Officers & Fire Fighters

Disability payments until additional funding can be secured. This will cause a tremendous

hardship on crime victims, first responders and their families. I respectfully ask for the

funding necessary to keep these programs solvent. It is extremely important that we

continue to meet the financial obligations of those who have become victims of violent

crime and the first responders who protect our lives and secure our safety.

In addition, we will have to discontinue support to the Children’s Advocacy Centers of

Mississippi, an organization that trains forensic interviewers in child abuse and

child sexual abuse cases and trains law enforcement officers and prosecutors about child

abuse cases.

Further, the LBO General Fund recommendation will affect staffing levels and services in

other critical programs including Vulnerable Persons Investigation and Prosecution, Cyber

Crime and Internet Crimes Against Children, State Agency Legal Representation,

Prosecutor Education, and the Medicaid Fraud Control Unit if adequate federal matching

funds are not available.

And finally, we will be unable to pay any legal bills submitted by the law firms handling the

Olmstead and Olivia Y litigation. These payments will be delayed until a deficit

appropriation can be obtained resulting in these firms having to wait eleven months for

payment of any invoices. 

In addition to my recommendations on budget, my general legislative agenda will include

proposals to strengthen the state’s human trafficking laws, clarify campaign finance rules,

protect victims of sexual assault, provide an opportunity for Mississippians to vote before

Election Day and help stem the tide of the opioid epidemic sweeping across our state.

Passage of these proposals will not only promote good government, but will establish laws

that will protect Mississippi citizens. 

At your convenience, I would like to meet with you and answer any questions about my

budget recommendations or my legislative proposals. Thank you for your consideration

of these measures.


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