A Macon woman and New Hope High School alumna is hoping state legislators will push through a bill requiring police officers to notify parents when someone age 18 to 21 years old is arrested for driving under the influence.
Lauren McGraw, who grew up in the Golden Triangle and now lives in Jackson, said the Rivers McGraw Act, named after her son, could save a life in the future.
Rivers McGraw is a late Ole Miss student and Jackson Prep football standout who committed suicide last year after being released on bail after a DUI arrest in Oxford.
Lauren said her son attended Mississippi State University before he was arrested in October 2015 for driving under the influence. He participated in addiction treatment in Arkansas, then transferred to Ole Miss in August 2016.
Rivers’ friends bailed him out of jail after his arrest in Oxford, Lauren said, and she didn’t learn about his situation until it was too late. She said Rivers attempted unsuccessfully after his release to contact the arresting officer and two attorneys.
“He did some drugs as soon as he got out because he was panicking — he was scared,” she said. “He did Xanax and marijuana. It took him to a dark place, and less than three hours after he got bonded out, he shot himself because he was so scared and his anxiety kicked in and the drugs kicked in.”
Under the proposed Rivers McGraw Act, or House Bill 1089, bail or release from jail could not be granted for DUI or drug possession suspects between ages 18 and 21 within eight hours of their arrest unless a parent or guardian is contacted and present at the time of the suspect’s release. If a parent is not reasonably available to appear due to travel distance or another similar factor, police must determine the parents are notified and agree to the release of the defendant. An attorney representing the parents or legal guardian of the defendant can also request release of the defendant verbally or in writing.
If none of those conditions can be met within eight hours, according to the bill, a court must hold an emergency hearing, in person or by phone. If the defendant is unable to meet any of the conditions of release, the court will release the defendant on scheduled bail without any further conditions.
Local legislators respond
The bill passed easily through the Mississippi House of Representatives, on a 121-0 vote, with one abstention. It has now been passed on the Senate Judiciary A Committee, where it is still pending.
District 41 Rep. Kabir Karriem (D-Columbus) said he supported the bill, but he wasn’t sure it would survive a legal challenge.
“I think the vote was more symbolic than it having real constitutional merit,” Karriem said. “If they are incarcerated, I don’t believe that you can constitutionally (be required to) call their parents.
“I was happy to vote for it,” he added. “As a parent, I do understand the concerns. It’s an unfortunate situation, such as the one that took place with her son.”
District 17 Sen. Chuck Younger (R-Columbus) said he also supports the bill. However, he said some concerns have been raised since it passed through the House.
“I’m going to vote for the bill because I don’t see why police can’t call,” Younger said. “The problem is, what do you do if a guy is over 18 and he’s married? What do you do if he’s in the Army or one of the other armed services? I would think law enforcement would be courteous enough to get in touch with the loved ones anyway.”
Chiefs of Police association opposes
The Mississippi Association of Chiefs of Police opposes the bill. Oxford Police Chief and association President Joey East, in an email, said he believes the bill lacks constitutional merit.
“The law states everyone has a right to receive bail,” East said. “This law restricts 18-21- (year-olds) from that right and makes them call a parent, regardless of the fact (that) they do not want to.”
East, like Younger, also questioned how the bill would work for defendants who serve in the armed forces, or married people who fall into that age range.
“In Oxford, we do not physically arrest everyone that has a misdemeanor drug violation,” he said. “They are issued a citation that they sign promising to appear in court. Under the proposed HB 1089 we have to arrest them and put them in a jail until they contact mom or dad. I believe this will be more traumatizing.”
East also noted the Mississippi Sheriff’s Association is opposed to the bill, and said the legislation would likely put more stress and liability on sheriff’s departments, which run the majority of the state’s jails.
East said he understands the push behind the bill but said it might be better to turn that energy to focus on other areas.
“While I do understand that this is a heartfelt effort, I feel that there are other areas that should take priority,” East said. “We should focus our attention on mental illness and addiction instead. Law enforcement sees these two issues every day all across Mississippi, and there is not enough being done to help people fight drug and alcohol addiction, nor is there enough to help those with mental illnesses.”
Alex Holloway was formerly a reporter with The Dispatch.
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