DOC discharge plans; require explanation of disenfranchising crimes and opportunity for certain offenders to register to vote.

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To: Corrections;
Apportionment and Elections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Rosebud

HOUSE BILL NO. 1409

AN ACT TO AMEND SECTION 47-7-33.1, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO INCLUDE IN AN 2
OFFENDER'S DISCHARGE PLAN INFORMATION REGARDING WHETHER THE 3
OFFENDER WAS CONVICTED OF A DISENFRANCHISING CRIME; TO REQUIRE 4
THE DEPARTMENT TO PROVIDE AN OFFENDER, WHO HAS NOT REGISTERED TO 5
VOTE, WITH A MAIL-IN VOTER REGISTRATION APPLICATION TO PROVIDE THE 6
OFFENDER WITH AN OPPORTUNITY TO BECOME A REGISTERED VOTER WITHIN 7
THIS STATE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 23-15-47, 8
MISSISSIPPI CODE OF 1972, TO REQUIRE THE SECRETARY OF STATE TO 9
PROVIDE THE DEPARTMENT OF CORRECTIONS WITH MAIL-IN VOTER 10
REGISTRATION APPLICATIONS WHICH MAY BE PROVIDED TO CERTAIN 11
OFFENDERS WHO WILL BE RETURNING TO THE COMMUNITY; AND FOR RELATED 12
PURPOSES. 13
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 14
SECTION 1. Section 47-7-33.1, Mississippi Code of 1972, is 15
amended as follows: 16
47-7-33.1. (1) The department shall create a discharge plan 17
for any offender returning to the community, regardless of whether 18
the person will discharge from the custody of the department, or 19
is released on parole, pardon, or otherwise. At least ninety (90) 20
days prior to an offender's earliest release date, the 21
commissioner shall conduct a pre-release assessment and complete a 22
written discharge plan based on the assessment results. The 23
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discharge plan for parole eligible offenders shall be sent to the 24
parole board at least thirty (30) days prior to the offender's 25
parole eligibility date for approval. The board may suggest 26
changes to the plan that it deems necessary to ensure a successful 27
transition. 28
(2) The pre-release assessment shall identify whether an 29
inmate requires assistance obtaining the following basic needs 30
upon release: transportation, clothing and food, financial 31
resources, identification documents, housing, employment, 32
education, health care and support systems. The discharge plan 33
shall include information necessary to address these needs and the 34
steps being taken by the department to assist in this process, 35
including an up-to-date version of the information described in 36
Section 63-1-309(4). Based on the findings of the assessment, the 37
commissioner shall: 38
(a) Arrange transportation for inmates from the 39
correctional facility to their release destination; 40
(b) Ensure inmates have clean, seasonally appropriate 41
clothing, and provide inmates with a list of food providers and 42
other basic resources immediately accessible upon release; 43
(c) Ensure inmates have a provisional driver's license 44
issued pursuant to Title 63, Chapter 1, Article 7, Mississippi 45
Code of 1972, a regular driver's license if eligible, or a 46
state-issued identification card that is not a Department of 47
Corrections identification card; 48
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(d) Assist inmates in identifying safe, affordable 49
housing upon release. If accommodations are not available, 50
determine whether temporary housing is available for at least ten 51
(10) days after release. If temporary housing is not available, 52
the discharge plan shall reflect that satisfactory housing has not 53
been established and the person may be a candidate for 54
transitional reentry center placement; 55
(e) Refer inmates without secured employment to 56
employment opportunities; 57
(f) Provide inmates with contact information of a 58
health care facility/provider in the community in which they plan 59
to reside; 60
(g) Notify family members of the release date and 61
release plan, if the inmate agrees; and 62
(h) Refer inmates to a community or a faith-based 63
organization that can offer support within the first twenty-four 64
(24) hours of release. 65
(3) A written discharge plan shall be provided to the 66
offender and supervising probation officer or parole officer, if 67
applicable. 68
(4) A discharge plan created for a parole-eligible offender 69
shall also include supervision conditions and the intensity of 70
supervision based on the assessed risk to recidivate and whether 71
there is a need for transitional housing. The board shall approve 72
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discharge plans before an offender is released on parole pursuant 73
to this chapter. 74
(5) (a) The discharge plan for any offender shall include 75
written information that informs an offender of whether he or she 76
was convicted of a disenfranchising crime. 77
(b) If an offender has not been convicted of a 78
disenfranchising crime and the offender has not registered to vote 79
within this state, then the department shall provide the option to 80
the offender to become a registered voter by requiring the 81
department to provide a Mississippi mail-in voter registration 82
application to the offender. If an offender chooses to become a 83
registered voter and the offender knows his or her place of 84
residence upon his or her release, then the department shall mail 85
a completed mail-in voter registration application to the county 86
registrar where the offender will reside. 87
SECTION 2. Section 23-15-47, Mississippi Code of 1972, is 88
amended as follows: 89
23-15-47. (1) Any person who is qualified to register to 90
vote in the State of Mississippi may register to vote by mail-in 91
application in the manner prescribed in this section. 92
(2) The following procedure shall be used in the 93
registration of electors by mail: 94
(a) Any qualified elector may register to vote by 95
mailing or delivering a completed mail-in application to his or 96
her county registrar at least thirty (30) days before any 97
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election; however, if the thirtieth day to register before an 98
election falls on a Sunday or legal holiday, the registration 99
applications submitted on the business day immediately following 100
the Sunday or legal holiday shall be accepted and entered into the 101
Statewide Elections Management System for the purpose of enabling 102
voters to vote in the next election. The postmark date of a 103
mailed application shall be the applicant's date of registration. 104
(b) Upon receipt of a mail-in application, the county 105
registrar shall stamp the application with the date of receipt, 106
and shall verify the application either by matching the 107
applicant's Mississippi driver's license number through the 108
Mississippi Department of Public Safety or by matching the 109
applicant's social security number through the American 110
Association of Motor Vehicle Administrators. Within fourteen (14) 111
days of receipt of a mail-in registration application, the county 112
registrar shall complete action on the application, including any 113
attempts to notify the applicant of the status of his or her 114
application. 115
(c) If the county registrar determines that the 116
applicant is qualified and his or her application is legible and 117
complete, the county registrar shall mail the applicant written 118
notification that the application has been approved, specifying 119
the county voting precinct, municipal voting precinct, if any, 120
polling place and supervisor district in which the person shall 121
vote. This written notification of approval containing the 122
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specified information shall be the voter's registration card. The 123
registration card shall be provided by the county registrar to the 124
applicant in accordance with Section 23-15-39. Upon entry of the 125
voter registration information into the Statewide Elections 126
Management System, the system shall assign a voter registration 127
number to the applicant. The assigned voter registration number 128
shall be clearly shown on the written notification of approval. 129
In mailing the written notification, the county registrar shall 130
note the following on the envelope: "DO NOT FORWARD". If any 131
registration notification form is returned as undeliverable, the 132
voter's registration shall be void. 133
(d) A mail-in application shall be rejected for any of 134
the following reasons: 135
(i) An incomplete portion of the application makes 136
it impossible for the registrar to determine the eligibility of 137
the applicant to register; 138
(ii) A portion of the application is illegible in 139
the opinion of the county registrar and makes it impossible to 140
determine the eligibility of the applicant to register; 141
(iii) The county registrar is unable to determine, 142
from the address and information stated on the application, the 143
precinct in which the voter should be assigned or the supervisor 144
district in which he or she is entitled to vote; 145
(iv) The applicant is not qualified to register to 146
vote pursuant to Section 23-15-11; 147
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(v) The county registrar determines that the 148
applicant is already registered as a qualified elector of the 149
county; 150
(vi) The county registrar is unable to verify the 151
application pursuant to subsection (2)(b) of this section. 152
(e) If the mail-in application of a person is subject 153
to rejection for any of the reasons set forth in paragraph (d)(i) 154
through (iii) of this subsection, and it appears to the county 155
registrar that the defect or omission is of such a minor nature 156
and that any necessary additional information may be supplied by 157
the applicant over the telephone or by further correspondence, the 158
county registrar may write or call the applicant at the telephone 159
number or address, or both, provided on the application. If the 160
county registrar is able to contact the applicant by mail or 161
telephone, the county registrar shall attempt to ascertain the 162
necessary information, and if this information is sufficient for 163
the registrar to complete the application, the applicant shall be 164
registered. If the necessary information cannot be obtained by 165
mail or telephone, or is not sufficient to complete the 166
application within fourteen (14) days of receipt, the county 167
registrar shall give the applicant written notice of the rejection 168
and provide the reason for the rejection. The county registrar 169
shall further inform the applicant that he or she has a right to 170
attempt to register by appearing in person or by filing another 171
mail-in application. 172
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(f) If a mail-in application is subject to rejection 173
for the reason stated in paragraph (d)(v) of this subsection and 174
the "present home address" portion of the application is different 175
from the residence address for the applicant found in the 176
Statewide Elections Management System, the mail-in application 177
shall be deemed a written request to update the voter's 178
registration pursuant to Section 23-15-13. The county registrar 179
or the election commissioners shall update the voter's residence 180
address in the Statewide Elections Management System and, if 181
necessary, advise the voter of a change in the location of his or 182
her county or municipal polling place by mailing the voter a new 183
voter registration card. 184
(3) The instructions and the application form for voter 185
registration by mail shall be in a form established by rule duly 186
adopted by the Secretary of State. 187
(4) (a) The Secretary of State shall prepare and furnish 188
without charge the necessary forms for application for voter 189
registration by mail to each county registrar, municipal clerk, 190
all public schools, each private school that requests such 191
applications, * * * all public libraries and all state 192
correctional facilities. 193
(b) The Secretary of State shall distribute without 194
charge sufficient forms for application for voter registration by 195
mail to the Commissioner of Public Safety, who shall distribute 196
the forms to each driver's license examining and renewal station 197
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in the state, and shall ensure that the forms are regularly 198
available to the public at such stations. 199
(c) Bulk quantities of forms for application for voter 200
registration by mail shall be furnished by the Secretary of State 201
to any person or organization. The Secretary of State shall 202
charge a person or organization the actual cost he or she incurs 203
in providing bulk quantities of forms for application for voter 204
registration to such person or organization. 205
(5) The originals of completed mail-in applications shall 206
remain on file in the office of the county registrar with copies 207
retained in the Statewide Elections Management System. 208
(6) If the applicant indicates on the application that he or 209
she resides within the city limits of a city or town in the county 210
of registration, the county registrar shall enter the information 211
into the Statewide Elections Management System. 212
(7) If the applicant indicates on the application that he or 213
she has previously registered to vote in another county of this 214
state or another state, notice to the voter's previous county of 215
registration in this state shall be provided through the Statewide 216
Elections Management System. If the voter's previous place of 217
registration was in another state, notice shall be provided to the 218
voter's previous state of residence. 219
(8) Any person who attempts to register to vote by mail 220
shall be subject to the penalties for false registration provided 221
for in Section 23-15-17. 222
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ST: DOC discharge plans; require explanation of
disenfranchising crimes and opportunity for
certain offenders to register to vote.
SECTION 3. This act shall take effect and be in force from 223
and after July 1, 2026. 224