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To: Corrections; Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Currie

HOUSE BILL NO. 1751

AN ACT TO CREATE THE CORRECTIONS OMNIBUS ACT; TO BRING 1
FORWARD SECTION 47-7-2, MISSISSIPPI CODE OF 1972, WHICH IS THE 2
DEFINITIONS SECTION OF THE PROBATION AND PAROLE LAW, FOR PURPOSES 3
OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 47-7-3, 4
MISSISSIPPI CODE OF 1972, WHICH RELATES TO PAROLE ELIGIBILITY FOR 5
INMATES, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD 6
SECTION 47-7-3.1, MISSISSIPPI CODE OF 1972, WHICH RELATES TO CASE 7
PLANS FOR INMATES, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING 8
FORWARD SECTION 47-7-3.2, MISSISSIPPI CODE OF 1972, WHICH RELATES 9
TO THE MINIMUM TIME OFFENDERS MUST SERVE, FOR PURPOSES OF POSSIBLE 10
AMENDMENT; TO BRING FORWARD SECTION 47-7-4, MISSISSIPPI CODE OF 11
1972, WHICH PERTAINS TO CONDITIONAL MEDICAL RELEASE, FOR PURPOSES 12
OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 47-7-5, 13
MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE CREATION OF THE 14
STATE PAROLE BOARD, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING 15
FORWARD SECTION 47-7-6, MISSISSIPPI CODE OF 1972, WHICH RELATES TO 16
THE PAROLE BOARD COLLECTING CERTAIN INFORMATION, FOR PURPOSES OF 17
POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 47-7-9, MISSISSIPPI 18
CODE OF 1972, WHICH RELATES TO THE DIVISION OF COMMUNITY 19
CORRECTIONS, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD 20
SECTION 47-7-11, MISSISSIPPI CODE OF 1972, WHICH PERTAINS TO 21
CERTAIN PER DIEM AND EXPENSES, FOR PURPOSES OF POSSIBLE AMENDMENT; 22
TO BRING FORWARD SECTION 47-7-13, MISSISSIPPI CODE OF 1972, WHICH 23
RELATES TO THE VOTING REQUIREMENTS OF THE PAROLE BOARD, FOR 24
PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 47-7-15, 25
MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE OFFICIAL SEAL OF 26
THE PAROLE BOARD; TO BRING FORWARD SECTION 47-7-17, MISSISSIPPI 27
CODE OF 1972, WHICH RELATES TO THE EXAMINATION OF INMATES RECORDS 28
BY THE PAROLE BOARD, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING 29
FORWARD SECTION 47-7-18, MISSISSIPPI CODE OF 1972, WHICH RELATES 30
TO CONDITIONS FOR PAROLE-ELIGIBLE INMATES WITHOUT A HEARING, FOR 31
PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 47-7-19, 32
MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE STATE PAROLE BOARD 33
HAVING ACCESS TO OFFENDERS TO GATHER INFORMATION, FOR PURPOSES OF 34
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POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 47-7-21, MISSISSIPPI 35
CODE OF 1972, WHICH RELATES TO PRIVILEGED INFORMATION, FOR 36
PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 47-7-23, 37
MISSISSIPPI CODE OF 1972, WHICH RELATES TO CERTAIN RULES AND 38
REGULATIONS, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD 39
SECTION 47-7-25, MISSISSIPPI CODE OF 1972, WHICH RELATES TO 40
GRATUITIES TO PAROLED OFFENDERS, FOR PURPOSES OF POSSIBLE 41
AMENDMENT; TO BRING FORWARD SECTION 47-7-27, MISSISSIPPI CODE OF 42
1972, WHICH RELATES TO TECHNICAL VIOLATION CENTERS, FOR PURPOSES 43
OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 47-7-29, 44
MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE EFFECT OF A FELONY 45
CONVICTION WHILE ON PAROLE, FOR PURPOSES OF POSSIBLE AMENDMENT; TO 46
BRING FORWARD SECTION 47-7-31, MISSISSIPPI CODE OF 1972, WHICH 47
RELATES TO THE DEPARTMENT OF CORRECTIONS ROLE IN PARDON AND 48
COMMUTATION REQUESTS, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING 49
FORWARD SECTION 47-7-33, MISSISSIPPI CODE OF 1972, WHICH RELATES 50
TO THE POWER OF THE COURT TO SUSPEND SENTENCES AND PLACE 51
DEFENDANTS ON PROBATION, FOR PURPOSES OF POSSIBLE AMENDMENT; TO 52
BRING FORWARD SECTION 47-7-33.1, MISSISSIPPI CODE OF 1972, 53
REGARDING DEPARTMENT DISCHARGE PLANS FOR RELEASED INMATES; TO 54
BRING FORWARD SECTION 47-7-34, MISSISSIPPI CODE OF 1972, WHICH 55
RELATES TO POST-RELEASE SUPERVISION, FOR PURPOSES OF POSSIBLE 56
AMENDMENT; TO BRING FORWARD SECTION 47-7-35, MISSISSIPPI CODE OF 57
1972, WHICH RELATES TO THE TERMS AND CONDITIONS OF PROBATION, FOR 58
PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 47-7-36, 59
MISSISSIPPI CODE OF 1972, WHICH RELATES TO PERSONS WHO SUPERVISE 60
THOSE ON PROBATION OR PAROLE, FOR PURPOSES OF POSSIBLE AMENDMENT; 61
TO BRING FORWARD SECTION 47-7-37, MISSISSIPPI CODE OF 1972, WHICH 62
RELATES TO THE PERIOD OF PROBATION THAT IS SET BY A COURT, FOR 63
PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 64
47-7-37.1, MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE 65
REVOCATION OF PROBATION OR POST-RELEASE SUPERVISION, FOR PURPOSES 66
OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 47-7-38, 67
MISSISSIPPI CODE OF 1972, WHICH RELATES TO CERTAIN GRADUATED 68
SECTIONS, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD 69
SECTION 47-7-38.1, MISSISSIPPI CODE OF 1972, WHICH RELATES TO 70
TECHNICAL VIOLATION CENTERS, FOR PURPOSES OF POSSIBLE AMENDMENT; 71
TO BRING FORWARD SECTION 47-7-39, MISSISSIPPI CODE OF 1972, WHICH 72
RELATES TO CHANGE OF RESIDENCE, FOR PURPOSES OF POSSIBLE 73
AMENDMENT; TO BRING FORWARD SECTION 47-7-40, MISSISSIPPI CODE OF 74
1972, WHICH PERTAINS TO THE EARNED-DISCHARGE PROGRAM; TO BRING 75
FORWARD SECTION 47-7-41, MISSISSIPPI CODE OF 1972, WHICH RELATES 76
TO DISCHARGE FROM PROBATION, FOR PURPOSES OF POSSIBLE AMENDMENT; 77
TO BRING FORWARD SECTION 47-7-43, MISSISSIPPI CODE OF 1972, WHICH 78
RELATES TO THE APPLICATION OF CERTAIN PROVISIONS, FOR PURPOSES OF 79
POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 47-7-45, MISSISSIPPI 80
CODE OF 1972, WHICH RELATES TO PROVISIONS INAPPLICABLE TO OAKLEY 81
YOUTH DEVELOPMENT CENTER, FOR PURPOSES OF POSSIBLE AMENDMENT; TO 82
BRING FORWARD SECTION 47-7-47, MISSISSIPPI CODE OF 1972, WHICH 83
RELATES TO THE EARNED PROBATION PROGRAM, FOR PURPOSES OF POSSIBLE 84
AMENDMENT; TO BRING FORWARD SECTION 47-7-49, MISSISSIPPI CODE OF 85
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1972, WHICH RELATES TO THE COMMUNITY SERVICE REVOLVING FUND, FOR 86
PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 47-7-51, 87
MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE CORRECTIONAL 88
TRAINING REVOLVING FUND, FOR PURPOSES OF POSSIBLE AMENDMENT; TO 89
BRING FORWARD SECTION 47-7-53, MISSISSIPPI CODE OF 1972, WHICH 90
RELATES TO THE AUTHORITY OF THE DEPARTMENT OF CORRECTIONS TO 91
ASSUME CERTAIN RESPONSIBILITIES, FOR PURPOSES OF POSSIBLE 92
AMENDMENT; TO BRING FORWARD SECTION 47-7-55, MISSISSIPPI CODE OF 93
1972, WHICH RELATES TO THE CREATION OF THE PAROLE COMMISSION, FOR 94
PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 47-5-28, 95
MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE ADDITIONAL POWERS 96
AND DUTIES OF THE COMMISSIONER OF CORRECTIONS, FOR PURPOSES OF 97
POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 47-5-158, MISSISSIPPI 98
CODE OF 1972, WHICH RELATES TO THE INMATE WELFARE FUND; TO BRING 99
FORWARD SECTION 47-5-931, MISSISSIPPI CODE OF 1972, WHICH 100
AUTHORIZES STATE OFFENDERS TO BE HOUSED IN REGIONAL FACILITIES, 101
FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 102
47-5-933, MISSISSIPPI CODE OF 1972, WHICH RELATES TO CONTRACTS FOR 103
THE INCARCERATION OF STATE OFFENDERS IN COUNTY JAILS, FOR PURPOSES 104
OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 47-5-938, 105
MISSISSIPPI CODE OF 1972, WHICH RELATES TO OFFENDERS IN COUNTIES 106
TO PARTICIPATE IN WORK PROGRAMS, FOR PURPOSES OF POSSIBLE 107
AMENDMENT; TO BRING FORWARD SECTION 45-1-3, MISSISSIPPI CODE OF 108
1972, WHICH RELATES TO THE RULE MAKING POWER OF THE COMMISSIONER 109
OF PUBLIC SAFETY, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING 110
FORWARD SECTION 9-23-11, MISSISSIPPI CODE OF 1972, WHICH RELATES 111
TO THE UNIFORM CERTIFICATION PROCESS FOR INTERVENTION AND CERTAIN 112
OTHER COURTS, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD 113
SECTIONS 99-39-5 AND 99-39-27, MISSISSIPPI CODE OF 1972, WHICH 114
RELATE TO CERTAIN POST-CONVICTION PROCEEDINGS, FOR PURPOSES OF 115
POSSIBLE AMENDMENTS; TO BRING FORWARD SECTIONS 41-29-153 THROUGH 116
41-29-157, MISSISSIPPI CODE OF 1972, WHICH RELATE TO CERTAIN 117
FORFEITURE, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD 118
SECTIONS 99-15-103 THROUGH 99-15-127, MISSISSIPPI CODE OF 1972, 119
WHICH RELATE TO PRETRIAL-INTERVENTION, FOR PURPOSES OF POSSIBLE 120
AMENDMENTS; TO BRING FORWARD SECTIONS 9-23-5 THROUGH 9-23-23, 121
MISSISSIPPI CODE OF 1972, WHICH RELATE TO INTERVENTION COURTS, FOR 122
PURPOSES OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 123
41-29-139, MISSISSIPPI CODE OF 1972, WHICH RELATES TO CERTAIN 124
PROHIBITED ACTS, FOR PURPOSES OF POSSIBLE AMENDMENT; TO BRING 125
FORWARD SECTIONS 99-19-81 AND 99-19-83, MISSISSIPPI CODE OF 1972, 126
WHICH RELATE TO HABITUAL OFFENDERS, FOR PURPOSES OF POSSIBLE 127
AMENDMENTS; TO BRING FORWARD SECTION 21-23-7, MISSISSIPPI CODE OF 128
1972, WHICH PERTAINS TO THE OPERATION OF MUNICIPAL COURTS, FOR 129
PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. 130
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 131
SECTION 1. Section 47-7-2, Mississippi Code of 1972, is 132
brought forward as follows: 133
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47-7-2. For purposes of this chapter, the following words 134
shall have the meaning ascribed herein unless the context shall 135
otherwise require: 136
(a) "Adult" means a person who is seventeen (17) years 137
of age or older, or any person convicted of any crime not subject 138
to the provisions of the youth court law, or any person 139
"certified" to be tried as an adult by any youth court in the 140
state. 141
(b) "Board" means the State Parole Board. 142
(c) "Parole case plan" means an individualized, written 143
accountability and behavior change strategy developed by the 144
department in collaboration with the parole board to prepare 145
offenders for release on parole at the parole eligibility date. 146
The case plan shall focus on the offender's criminal risk factors 147
that, if addressed, reduce the likelihood of reoffending. 148
(d) "Commissioner" means the Commissioner of 149
Corrections. 150
(e) "Correctional system" means the facilities, 151
institutions, programs and personnel of the department utilized 152
for adult offenders who are committed to the custody of the 153
department. 154
(f) "Criminal risk factors" means characteristics that 155
increase a person's likelihood of reoffending. These 156
characteristics include: antisocial behavior; antisocial 157
personality; criminal thinking; criminal associates; dysfunctional 158
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family; low levels of employment or education; poor use of leisure 159
and recreation; and substance abuse. 160
(g) "Department" means the Mississippi Department of 161
Corrections. 162
(h) "Detention" means the temporary care of juveniles 163
and adults who require secure custody for their own or the 164
community's protection in a physically restricting facility prior 165
to adjudication, or retention in a physically restricting facility 166
upon being taken into custody after an alleged parole or probation 167
violation. 168
(i) "Discharge plan" means an individualized written 169
document that provides information to support the offender in 170
meeting the basic needs identified in the pre-release assessment. 171
This information shall include, but is not limited to: contact 172
names, phone numbers, and addresses of referrals and resources. 173
(j) "Evidence-based practices" means supervision 174
policies, procedures, and practices that scientific research 175
demonstrates reduce recidivism. 176
(k) "Facility" or "institution" means any facility for 177
the custody, care, treatment and study of offenders which is under 178
the supervision and control of the department. 179
(l) "Juvenile," "minor" or "youthful" means a person 180
less than seventeen (17) years of age. 181
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(m) "Offender" means any person convicted of a crime or 182
offense under the laws and ordinances of the state and its 183
political subdivisions. 184
(n) "Pre-release assessment" means a determination of 185
an offender's ability to attend to basic needs, including, but not 186
limited to, transportation, clothing and food, financial 187
resources, personal identification documents, housing, employment, 188
education, and health care, following release. 189
(o) "Special meetings" means those meetings called by 190
the chairman with at least twenty-four (24) hours' notice or a 191
unanimous waiver of notice. 192
(p) "Supervision plan" means a plan developed by the 193
community corrections department to manage offenders on probation 194
and parole in a way that reduces the likelihood they will commit a 195
new criminal offense or violate the terms of supervision and that 196
increases the likelihood of obtaining stable housing, employment 197
and skills necessary to sustain positive conduct. 198
(q) "Technical violation" means an act or omission by 199
the probationer that violates a condition or conditions of 200
probation placed on the probationer by the court or the probation 201
officer, but shall not include a plea or sentence in an 202
intervention court provided under Chapter 23, 25 or 27 of Title 9, 203
Mississippi Code of 1972. 204
(r) "Transitional reentry center" means a 205
state-operated or state-contracted facility used to house 206
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offenders leaving the physical custody of the Department of 207
Corrections on parole, probation or post-release supervision who 208
are in need of temporary housing and services that reduce their 209
risk to reoffend. 210
(s) "Unit of local government" means a county, city, 211
town, village or other general purpose political subdivision of 212
the state. 213
(t) "Risk and needs assessment" means the determination 214
of a person's risk to reoffend using an actuarial assessment tool 215
validated on Mississippi corrections populations and the needs 216
that, when addressed, reduce the risk to reoffend. 217
SECTION 2. Section 47-7-3, Mississippi Code of 1972, is 218
brought forward as follows: 219
47-7-3. (1) Every prisoner who has been convicted of any 220
offense against the State of Mississippi, and is confined in the 221
execution of a judgment of such conviction in the Mississippi 222
Department of Corrections for a definite term or terms of one (1) 223
year or over, or for the term of his or her natural life, whose 224
record of conduct shows that such prisoner has observed the rules 225
of the department, and who has served the minimum required time 226
for parole eligibility, may be released on parole as set forth 227
herein: 228
(a) Habitual offenders. Except as provided by Sections 229
99-19-81 through 99-19-87, no person sentenced as a confirmed and 230
habitual criminal shall be eligible for parole; 231
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(b) Sex offenders. Any person who has been sentenced 232
for a sex offense as defined in Section 45-33-23(h) shall not be 233
released on parole except for a person under the age of nineteen 234
(19) who has been convicted under Section 97-3-67; 235
(c) Capital offenders. No person sentenced for the 236
following offenses shall be eligible for parole: 237
(i) Capital murder committed on or after July 1, 238
1994, as defined in Section 97-3-19(2); 239
(ii) Any offense to which an offender is sentenced 240
to life imprisonment under the provisions of Section 99-19-101; or 241
(iii) Any offense to which an offender is 242
sentenced to life imprisonment without eligibility for parole 243
under the provisions of Section 99-19-101, whose crime was 244
committed on or after July 1, 1994; 245
(d) Murder. No person sentenced for murder in the 246
first degree, whose crime was committed on or after June 30, 1995, 247
or murder in the second degree, as defined in Section 97-3-19, 248
shall be eligible for parole; 249
(e) Human trafficking. No person sentenced for human 250
trafficking, as defined in Section 97-3-54.1, whose crime was 251
committed on or after July 1, 2014, shall be eligible for parole; 252
(f) Drug trafficking. No person sentenced for 253
trafficking and aggravated trafficking, as defined in Section 254
41-29-139(f) through (g), shall be eligible for parole; 255
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(g) Offenses specifically prohibiting parole release. 256
No person shall be eligible for parole who is convicted of any 257
offense that specifically prohibits parole release; 258
(h) (i) Offenders eligible for parole consideration 259
for offenses committed after June 30, 1995. Except as provided in 260
paragraphs (a) through (g) of this subsection, offenders may be 261
considered eligible for parole release as follows: 262
1. Nonviolent crimes. All persons sentenced 263
for a nonviolent offense shall be eligible for parole only after 264
they have served twenty-five percent (25%) or ten (10) years, 265
whichever is less, of the sentence or sentences imposed by the 266
trial court. For purposes of this paragraph, "nonviolent crime" 267
means a felony not designated as a crime of violence in Section 268
97-3-2. 269
2. Violent crimes. A person who is sentenced 270
for a violent offense as defined in Section 97-3-2, except robbery 271
with a deadly weapon as defined in Section 97-3-79, drive-by 272
shooting as defined in Section 97-3-109, and carjacking as defined 273
in Section 97-3-117, shall be eligible for parole only after 274
having served fifty percent (50%) or twenty (20) years, whichever 275
is less, of the sentence or sentences imposed by the trial court. 276
Those persons sentenced for robbery with a deadly weapon as 277
defined in Section 97-3-79, drive-by shooting as defined in 278
Section 97-3-109, and carjacking as defined in Section 97-3-117, 279
shall be eligible for parole only after having served sixty 280
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percent (60%) or twenty-five (25) years, whichever is less, of the 281
sentence or sentences imposed by the trial court. 282
3. Nonviolent and nonhabitual drug offenses. 283
A person who has been sentenced to a drug offense pursuant to 284
Section 41-29-139(a) through (d), whose crime was committed after 285
June 30, 1995, shall be eligible for parole only after he has 286
served twenty-five percent (25%) or ten (10) years, whichever is 287
less, of the sentence or sentences imposed. 288
(ii) Parole hearing required. All persons 289
eligible for parole under subparagraph (i) of this paragraph (h) 290
who are serving a sentence or sentences for a crime of violence, 291
as defined in Section 97-3-2, shall be required to have a parole 292
hearing before the Parole Board pursuant to Section 47-7-17, prior 293
to parole release. 294
(iii) Geriatric parole. Notwithstanding the 295
provisions in subparagraph (i) of this paragraph (h), a person 296
serving a sentence who has reached the age of sixty (60) or older 297
and who has served no less than ten (10) years of the sentence or 298
sentences imposed by the trial court shall be eligible for parole. 299
Any person eligible for parole under this subparagraph (iii) shall 300
be required to have a parole hearing before the board prior to 301
parole release. No inmate shall be eligible for parole under this 302
subparagraph (iii) of this paragraph (h) if: 303
1. The inmate is sentenced as a habitual 304
offender under Sections 99-19-81 through 99-19-87; 305
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2. The inmate is sentenced for a crime of 306
violence under Section 97-3-2; 307
3. The inmate is sentenced for an offense 308
that specifically prohibits parole release; 309
4. The inmate is sentenced for trafficking in 310
controlled substances under Section 41-29-139(f); 311
5. The inmate is sentenced for a sex crime; 312
or 313
6. The inmate has not served one-fourth (1/4) 314
of the sentence imposed by the court. 315
(iv) Parole consideration as authorized by the 316
trial court. Notwithstanding the provisions of paragraph (a) of 317
this subsection, any offender who has not committed a crime of 318
violence under Section 97-3-2 and has served twenty-five percent 319
(25%) or more of his sentence may be paroled by the State Parole 320
Board if, after the sentencing judge or if the sentencing judge is 321
retired, disabled or incapacitated, the senior circuit judge 322
authorizes the offender to be eligible for parole consideration; 323
or if the senior circuit judge must be recused, another circuit 324
judge of the same district or a senior status judge may hear and 325
decide the matter. A petition for parole eligibility 326
consideration pursuant to this subparagraph (iv) shall be filed in 327
the original criminal cause or causes, and the offender shall 328
serve an executed copy of the petition on the District Attorney. 329
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The court may, in its discretion, require the District Attorney to 330
respond to the petition. 331
(2) The State Parole Board shall, by rules and regulations, 332
establish a method of determining a tentative parole hearing date 333
for each eligible offender taken into the custody of the 334
Department of Corrections. The tentative parole hearing date 335
shall be determined within ninety (90) days after the department 336
has assumed custody of the offender. Except as provided in 337
Section 47-7-18, the parole hearing date shall occur when the 338
offender is within thirty (30) days of the month of his parole 339
eligibility date. Any parole eligibility date shall not be 340
earlier than as required in this section. 341
(3) Notwithstanding any other provision of law, an inmate 342
shall not be eligible to receive earned time, good time or any 343
other administrative reduction of time which shall reduce the time 344
necessary to be served for parole eligibility as provided in 345
subsection (1) of this section. 346
(4) Any inmate within forty-eight (48) months of his parole 347
eligibility date and who meets the criteria established by the 348
classification board shall receive priority for placement in any 349
educational development and job-training programs that are part of 350
his or her parole case plan. Any inmate refusing to participate 351
in an educational development or job-training program, including, 352
but not limited to, programs required as part of the case plan, 353
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shall be in jeopardy of noncompliance with the case plan and may 354
be denied parole. 355
(5) In addition to other requirements, if an offender is 356
convicted of a drug or driving under the influence felony, the 357
offender must complete a drug and alcohol rehabilitation program 358
prior to parole, or the offender shall be required to complete a 359
postrelease drug and alcohol program as a condition of parole. 360
(6) Except as provided in subsection (1)(a) through (h) of 361
this section, all other persons shall be eligible for parole after 362
serving twenty-five percent (25%) of the sentence or sentences 363
imposed by the trial court, or, if sentenced to thirty (30) years 364
or more, after serving ten (10) years of the sentence or sentences 365
imposed by the trial court. 366
(7) The Corrections and Criminal Justice Oversight Task 367
Force established in Section 47-5-6 shall develop and submit 368
recommendations to the Governor and to the Legislature annually on 369
or before December 1st concerning issues relating to juvenile and 370
habitual offender parole reform and to review and monitor the 371
implementation of Chapter 479, Laws of 2021. 372
(8) The amendments contained in Chapter 479, Laws of 2021, 373
shall apply retroactively from and after July 1, 1995. 374
(9) Notwithstanding provisions to the contrary in this 375
section, a person who was sentenced before July 1, 2021, may be 376
considered for parole if the person's sentence would have been 377
parole eligible before July 1, 2021. 378
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(10) This section shall stand repealed on July 1, 2027. 379
SECTION 3. Section 47-7-3.1, Mississippi Code of 1972, is 380
brought forward as follows: 381
47-7-3.1. (1) In consultation with the Parole Board, the 382
department shall develop a case plan for all parole-eligible 383
inmates to guide an inmate's rehabilitation while in the 384
department's custody and to reduce the likelihood of recidivism 385
after release. 386
(2) The case plan shall include, but not be limited to: 387
(a) Programming and treatment requirements based on the 388
results of a risk and needs assessment; 389
(b) Any programming or treatment requirements contained 390
in the sentencing order; and 391
(c) General behavior requirements in accordance with 392
the rules and policies of the department. 393
(3) With respect to parole-eligible inmates admitted to the 394
department's custody on or after July 1, 2021, the department 395
shall complete the case plan within ninety (90) days of admission. 396
With respect to parole-eligible inmates admitted to the 397
department's custody before July 1, 2021, the department shall 398
complete the case plan by January 1, 2022. 399
(4) The department shall provide the inmate with a written 400
copy of the case plan and the inmate's caseworker shall explain 401
the conditions set forth in the case plan. 402
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(a) Within ninety (90) days of admission, the 403
caseworker shall notify the inmate of their parole eligibility 404
date as calculated in accordance with Section 47-7-3(3); 405
(b) At the time a parole-eligible inmate receives the 406
case plan, the department shall send the case plan to the Parole 407
Board for approval. 408
(5) With respect to parole-eligible inmates admitted to the 409
department's custody after July 1, 2021, the department shall 410
ensure that the case plan is achievable prior to the inmate's 411
parole eligibility date. With respect to parole-eligible inmates 412
admitted to the department's custody before July 1, 2021, the 413
department shall, to the extent possible, ensure that the case 414
plan is achievable prior to the inmate's parole eligibility date 415
or next parole hearing date, or date of release, whichever is 416
sooner. 417
(6) The caseworker shall meet with the inmate every eight 418
(8) weeks from the date the offender received the case plan to 419
review the inmate's case plan progress. 420
(7) Every four (4) months the department shall 421
electronically submit a progress report on each parole-eligible 422
inmate's case plan to the Parole Board. The board may meet to 423
review an inmate's case plan and may provide written input to the 424
caseworker on the inmate's progress toward completion of the case 425
plan. 426
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(8) The Parole Board shall provide semiannually to the 427
Oversight Task Force the number of parole hearings held, the 428
number of prisoners released to parole without a hearing and the 429
number of parolees released after a hearing. 430
(9) If the Department of Corrections fails to adequately 431
provide opportunity and access for the completion of such case 432
plans, the Department of Corrections shall, to the extent 433
possible, contract with regional jail facilities that offer 434
educational development and job-training programs to facilitate 435
the fulfillment of the case plans of parole-eligible inmates. 436
SECTION 4. Section 47-7-3.2, Mississippi Code of 1972, is 437
brought forward as follows: 438
47-7-3.2. (1) Notwithstanding Section 47-5-138, 47-5-139, 439
47-5-138.1 or 47-5-142, no person convicted of a criminal offense 440
on or after July 1, 2014, shall be released by the department 441
until he or she has served no less than the percentage of the 442
sentence or sentences imposed by the court as set forth below: 443
(a) Twenty-five percent (25%) or ten (10) years, 444
whichever is less, for a nonviolent crime; 445
(b) Fifty percent (50%) or twenty (20) years, whichever 446
is less, for a crime of violence pursuant to Section 97-3-2, 447
except for robbery with a deadly weapon as defined in Section 448
97-3-79, drive-by shooting as defined in Section 97-3-109, or 449
carjacking as defined in Section 97-3-117; 450
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(c) Sixty percent (60%) or twenty-five (25) years, 451
whichever is less, for robbery with a deadly weapon as defined in 452
Section 97-3-79, drive-by shooting as defined in Section 97-3-109, 453
or carjacking as defined in Section 97-3-117. 454
(2) This section shall not apply to: 455
(a) Offenders sentenced to life imprisonment; 456
(b) Offenders convicted as habitual offenders pursuant 457
to Sections 99-19-81 through 99-19-87; 458
(c) Offenders serving a sentence for a sex offense; or 459
(d) Offenders serving a sentence for trafficking 460
pursuant to Section 41-29-139(f). 461
SECTION 5. Section 47-7-4, Mississippi Code of 1972, is 462
brought forward as follows: 463
47-7-4. (1) The commissioner and the medical director of 464
the department may place an offender who has served not less than 465
one (1) year of his or her sentence, except an offender convicted 466
of a sex crime, on conditional medical release. However, a 467
nonviolent offender who is bedridden may be placed on conditional 468
medical release regardless of the time served on his or her 469
sentence. Upon the release of a nonviolent offender who is 470
bedridden, the state shall not be responsible or liable for any 471
medical costs that may be incurred if such costs are acquired 472
after the offender is no longer incarcerated due to his or her 473
placement on conditional medical release. The commissioner shall 474
not place an offender on conditional medical release unless the 475
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medical director of the department certifies to the commissioner 476
that (a) the offender is suffering from a significant permanent 477
physical medical condition with no possibility of recovery; (b) 478
that his or her further incarceration will serve no rehabilitative 479
purposes; and (c) that the state would incur unreasonable expenses 480
as a result of his or her continued incarceration. Any offender 481
placed on conditional medical release shall be supervised by the 482
Division of Community Corrections of the department for the 483
remainder of his or her sentence. An offender's conditional 484
medical release may be revoked and the offender returned and 485
placed in actual custody of the department if the offender 486
violates an order or condition of his or her conditional medical 487
release. An offender who is no longer bedridden shall be returned 488
and placed in the actual custody of the department. 489
(2) (a) The State Parole Board may grant a medical parole 490
and referral to licensed special care facilities for paroled 491
inmates for an inmate determined to be "medically frail" as 492
defined in this subsection. 493
(b) For purposes of this subsection (2), the term 494
"medically frail" means an individual who has a mental or physical 495
medical condition from which he or she, to a reasonable degree of 496
medical certainty, is not expected to recover and as a result 497
cannot perform daily living activities and who is a minimal threat 498
to society as a result of the mental or physical medical 499
condition. 500
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(c) The following conditions apply to a parole granted 501
under this subsection (2): 502
(i) An inmate who has been sentenced to capital 503
punishment is not eligible; 504
(ii) An inmate who has been convicted as a 505
criminal sex offender is not eligible; 506
(iii) An inmate does not pose a public safety risk 507
or risk of flight as determined by the State Parole Board; 508
(iv) If the prisoner is incapacitated as a result 509
of a mental or physical medical condition as prescribed under 510
paragraph (b) of this subsection, an individual legally entitled 511
to agree to the inmate's placement agrees to the inmate's 512
placement in a licensed special care facility for paroled inmates 513
or in a medical facility where medical care and treatment are 514
determined to be appropriate for the parolee by the State Parole 515
Board; 516
(v) An inmate shall agree to the release of his or 517
her medical records that are directly relevant to the condition or 518
conditions rendering the inmate medically frail to any prosecuting 519
attorney of the county from which the inmate was committed before 520
the State Parole Board determines whether or not to grant parole 521
under this subsection; 522
(vi) If the inmate is granted parole under this 523
subsection (2), the inmate shall agree to the quarterly release of 524
his or her medical records that are directly relevant to the 525
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condition or conditions rendering the inmate medically frail at 526
the request of any prosecuting attorney of the county from which 527
the inmate was committed; 528
(vii) The parolee shall adhere to the terms of his 529
or her parole for the length of his or her parole term, and the 530
parole shall be for a term not less than the time necessary to 531
reach the prisoner's earliest release date; 532
(viii) The department or the State Parole Board 533
shall not retain authority over the medical treatment plan for the 534
inmate granted parole under this subsection (2); 535
(ix) The department and the State Parole Board 536
shall ensure that the placement and terms and conditions of parole 537
granted under this subsection (2) do not violate any other state 538
or federal regulations; 539
(x) A facility utilized by the department to 540
facilitate parole under this subsection (2) shall be operated in a 541
manner that ensures the safety of the residents of the facility; 542
(xi) If the inmate recovers from the mental or 543
physical medical condition that rendered the inmate medically 544
frail under this subsection (2), the State Parole Board shall 545
revoke the parole granted under this subsection (2), and the 546
department shall ensure that the inmate returns to incarceration. 547
(d) The Mississippi Department of Corrections may enter 548
into contracts to facilitate the housing of paroled inmates under 549
this subsection (2). The Mississippi Department of Corrections 550
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shall appoint a specialist in the appropriate field of medicine, 551
who is not employed by the department, to evaluate the condition 552
of the inmate considered for parole under this subsection (2) and 553
to report on that condition to the department and the State Parole 554
Board. The State Parole Board shall determine whether the inmate 555
is medically frail in consultation with the Mississippi Department 556
of Health. 557
SECTION 6. Section 47-7-5, Mississippi Code of 1972, is 558
brought forward as follows: 559
47-7-5. (1) Effective January 1, 2028, the State Parole 560
Board, created under former Section 47-7-5, is hereby created, 561
continued and reconstituted and shall be composed of five (5) 562
members, one (1) appointed from each Mississippi Supreme Court 563
District and two (2) from the state at large. The Governor shall 564
appoint the members to serve at the will and pleasure of the 565
Governor, with the advice and consent of the Senate, not less than 566
every four (4) years, provided that three (3) members shall be 567
appointed in 2028 to a term ending December 31, 2031, and two (2) 568
members shall be appointed in 2030 to a term ending December 31, 569
2033. Appointments made at the beginning of the four-year cycle 570
shall be made to fill any member's term which actually expires 571
that year and any member's term which expires next until the 572
majority of the membership of the board or commission is reached. 573
Appointments made at the beginning of the third year of the 574
four-year cycle shall be made for the remainder of the membership 575
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positions irrespective of the time of their prior appointment. 576
Any question regarding the order of appointments shall be 577
determined by the Secretary of State in accordance with the 578
specific statute. All appointment procedures, vacancy provisions, 579
interim appointment provisions and removal provisions specifically 580
provided for in Section 7-1-35, Mississippi Code of 1972, shall be 581
fully applicable to appointments to the State Parole Board. Any 582
vacancy shall be filled by the Governor, with the advice and 583
consent of the Senate. The Governor shall appoint a chairman of 584
the board. 585
(2) Any person who is appointed to serve on the board shall 586
possess at least a bachelor's degree or a high school diploma and 587
four (4) years' work experience. Each member shall devote his 588
full time to the duties of his office and shall not engage in any 589
other business or profession or hold any other public office. A 590
member shall receive compensation or per diem in addition to his 591
or her salary. Each member shall keep such hours and workdays as 592
required of full-time state employees under Section 25-1-98. 593
Individuals shall be appointed to serve on the board without 594
reference to their political affiliations. Each board member, 595
including the chairman, may be reimbursed for actual and necessary 596
expenses as authorized by Section 25-3-41. Each member of the 597
board shall complete annual training developed based on guidance 598
from the National Institute of Corrections, the Association of 599
Paroling Authorities International, or the American Probation and 600
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Parole Association. Each first-time appointee of the board shall, 601
within sixty (60) days of appointment, or as soon as practical, 602
complete training for first-time Parole Board members developed in 603
consideration of information from the National Institute of 604
Corrections, the Association of Paroling Authorities 605
International, or the American Probation and Parole Association. 606
(3) The board shall have exclusive responsibility for the 607
granting of parole as provided by Sections 47-7-3 and 47-7-17 and 608
shall have exclusive authority for revocation of the same. The 609
board shall have exclusive responsibility for investigating 610
clemency recommendations upon request of the Governor. 611
(4) The board, its members and staff, shall be immune from 612
civil liability for any official acts taken in good faith and in 613
exercise of the board's legitimate governmental authority. 614
(5) The budget of the board shall be funded through a 615
separate line item within the general appropriation bill for the 616
support and maintenance of the department. Employees of the 617
department which are employed by or assigned to the board shall 618
work under the guidance and supervision of the board. There shall 619
be an executive secretary to the board who shall be responsible 620
for all administrative and general accounting duties related to 621
the board. The executive secretary shall keep and preserve all 622
records and papers pertaining to the board. 623
(6) The board shall have no authority or responsibility for 624
supervision of offenders granted a release for any reason, 625
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including, but not limited to, probation, parole or executive 626
clemency or other offenders requiring the same through interstate 627
compact agreements. The supervision shall be provided exclusively 628
by the staff of the Division of Community Corrections of the 629
department. 630
(7) (a) The Parole Board is authorized to select and place 631
offenders in an electronic monitoring program under the conditions 632
and criteria imposed by the Parole Board. The conditions, 633
restrictions and requirements of Section 47-7-17 and Sections 634
47-5-1001 through 47-5-1015 shall apply to the Parole Board and 635
any offender placed in an electronic monitoring program by the 636
Parole Board. 637
(b) Any offender placed in an electronic monitoring 638
program under this subsection shall pay the program fee provided 639
in Section 47-5-1013. The program fees shall be deposited in the 640
special fund created in Section 47-5-1007. 641
(c) The department shall have absolute immunity from 642
liability for any injury resulting from a determination by the 643
Parole Board that an offender be placed in an electronic 644
monitoring program. 645
(8) (a) The Parole Board shall maintain a central registry 646
of paroled inmates. The Parole Board shall place the following 647
information on the registry: name, address, photograph, crime for 648
which paroled, the date of the end of parole or flat-time date and 649
other information deemed necessary. The Parole Board shall 650
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immediately remove information on a parolee at the end of his 651
parole or flat-time date. 652
(b) When a person is placed on parole, the Parole Board 653
shall inform the parolee of the duty to report to the parole 654
officer any change in address ten (10) days before changing 655
address. 656
(c) The Parole Board shall utilize an Internet website 657
or other electronic means to release or publish the information. 658
(d) Records maintained on the registry shall be open to 659
law enforcement agencies and the public and shall be available no 660
later than July 1, 2003. 661
(9) An affirmative vote of at least four (4) members of the 662
Parole Board shall be required to grant parole to an inmate 663
convicted of capital murder or a sex crime. 664
(10) This section shall stand repealed on July 1, 2027. 665
SECTION 7. Section 47-7-6, Mississippi Code of 1972, is 666
brought forward as follows: 667
47-7-6. (1) The Parole Board, with the assistance of the 668
Department of Corrections, shall collect the following 669
information: 670
(a) The number of offenders supervised on parole; 671
(b) The number of offenders released on parole; 672
(c) The number of parole hearings held; 673
(d) The parole grant rate for parolees released with 674
and without a hearing; 675
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(e) The average length of time offenders spend on 676
parole; 677
(f) The number and percentage of parolees revoked for a 678
technical violation and returned for a term of imprisonment in a 679
technical violation center; 680
(g) The number and percentage of parolees revoked for a 681
technical violation and returned for a term of imprisonment in 682
another type of department of corrections' facility; 683
(h) The number and percentage of parolees who are 684
convicted of a new offense and returned for a term of imprisonment 685
on their current crime as well as the new crime; 686
(i) The number of parolees held on a violation in 687
county jail awaiting a revocation hearing; and 688
(j) The average length of stay in a county jail for 689
parolees awaiting a revocation hearing. 690
(2) The Parole Board shall semiannually report information 691
required in subsection (1) to the Oversight Task Force, and upon 692
request, shall report such information to the PEER Committee. 693
SECTION 8. Section 47-7-9, Mississippi Code of 1972, is 694
brought forward as follows: 695
47-7-9. (1) The circuit judges and county judges in the 696
districts to which Division of Community Corrections personnel 697
have been assigned shall have the power to request of the 698
department transfer or removal of the division personnel from 699
their court. 700
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(2) (a) Division personnel shall investigate all cases 701
referred to them for investigation by the board, the division or 702
by any court in which they are authorized to serve. They shall 703
furnish to each person released under their supervision a written 704
statement of the conditions of probation, parole, earned-release 705
supervision, post-release supervision or suspension and shall 706
instruct the person regarding the same. They shall administer a 707
risk and needs assessment on each person under their supervision 708
to measure criminal risk factors and individual needs. They shall 709
use the results of the risk and needs assessment to guide 710
supervision responses consistent with evidence-based practices as 711
to the level of supervision and the practices used to reduce 712
recidivism. They shall develop a supervision plan for each person 713
assessed as moderate to high risk to reoffend. They shall keep 714
informed concerning the conduct and conditions of persons under 715
their supervision and use all suitable methods that are consistent 716
with evidence-based practices to aid and encourage them and to 717
bring about improvements in their conduct and condition and to 718
reduce the risk of recidivism. They shall keep detailed records 719
of their work and shall make such reports in writing as the court 720
or the board may require. 721
(b) Division personnel shall complete annual training 722
on evidence-based practices and criminal risk factors, as well as 723
instructions on how to target these factors to reduce recidivism. 724
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(c) The division personnel duly assigned to court 725
districts are hereby vested with all the powers of police officers 726
or sheriffs to make arrests or perform any other duties required 727
of policemen or sheriffs which may be incident to the division 728
personnel responsibilities. All probation and parole officers 729
hired on or after July 1, 1994, will be placed in the Law 730
Enforcement Officers Training Program and will be required to meet 731
the standards outlined by that program. 732
(d) It is the intention of the Legislature that insofar 733
as practicable the case load of each division personnel 734
supervising offenders in the community (hereinafter field 735
supervisor) shall not exceed the number of cases that may be 736
adequately handled. 737
(3) (a) Division personnel shall be provided to perform 738
investigation for the court as provided in this subsection. 739
Division personnel shall conduct presentence investigations on all 740
persons convicted of a felony in any circuit court of the state, 741
prior to sentencing and at the request of the circuit court judge 742
of the court of conviction. The presentence evaluation report 743
shall consist of a complete record of the offender's criminal 744
history, educational level, employment history, psychological 745
condition and such other information as the department or judge 746
may deem necessary. Division personnel shall also prepare written 747
victim impact statements at the request of the sentencing judge as 748
provided in Section 99-19-157. 749
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(b) In order that offenders in the custody of the 750
department on July 1, 1976, may benefit from the kind of 751
evaluations authorized in this section, an evaluation report to 752
consist of the information required hereinabove, supplemented by 753
an examination of an offender's record while in custody, shall be 754
compiled by the division upon all offenders in the custody of the 755
department on July 1, 1976. After a study of such reports by the 756
State Parole Board those cases which the board believes would 757
merit some type of executive clemency shall be submitted by the 758
board to the Governor with its recommendation for the appropriate 759
executive action. 760
(c) The department is authorized to accept gifts, 761
grants and subsidies to conduct this activity. 762
SECTION 9. Section 47-7-11, Mississippi Code of 1972, is 763
brought forward as follows: 764
47-7-11. All salaries and expenses incurred in the carrying 765
out of this chapter shall be paid out of funds appropriated by the 766
Legislature for the support and maintenance of the Probation and 767
Parole Board. All accounts, including salaries, shall be approved 768
and allowed by the board, and the board shall keep a complete 769
record thereof. 770
SECTION 10. Section 47-7-13, Mississippi Code of 1972, is 771
brought forward as follows: 772
47-7-13. A majority of the board shall constitute a quorum 773
for the transaction of all business. A decision to parole an 774
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offender convicted of murder or a sex-related crime shall require 775
the affirmative vote of three (3) members. The board shall 776
maintain, in minute book form, a copy of each of its official 777
actions with the reasons therefor. Suitable and sufficient office 778
space and support resources and staff necessary to conducting 779
Parole Board business shall be provided by the Department of 780
Corrections. However, the principal place for conducting parole 781
hearings shall be the State Penitentiary at Parchman. 782
SECTION 11. Section 47-7-15, Mississippi Code of 1972, is 783
brought forward as follows: 784
47-7-15. The board shall adopt an official seal of which the 785
courts shall take judicial notice. Decisions of the board shall 786
be made by majority vote, except as provided in Section 47-7-5(9). 787
The board shall keep a record of its acts and shall notify 788
each institution of its decisions relating to the persons who are 789
or have been confined therein. At the close of each fiscal year 790
the board shall submit to the Governor and to the Legislature a 791
report with statistical and other data of its work. 792
SECTION 12. Section 47-7-17, Mississippi Code of 1972, is 793
brought forward as follows: 794
47-7-17. (1) Within one (1) year after his admission and at 795
such intervals thereafter as it may determine, the board shall 796
secure and consider all pertinent information regarding each 797
offender, except any under sentence of death or otherwise 798
ineligible for parole, including the circumstances of his offense, 799
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his previous social history, his previous criminal record, 800
including any records of law enforcement agencies or of a youth 801
court regarding that offender's juvenile criminal history, his 802
conduct, employment and attitude while in the custody of the 803
department, the case plan created to prepare the offender for 804
parole, and the reports of such physical and mental examinations 805
as have been made. The board shall furnish at least three (3) 806
months' written notice to each such offender of the date on which 807
he is eligible for parole. 808
(2) Except as provided in Section 47-7-18, the board shall 809
require a parole-eligible offender to have a hearing as required 810
in this chapter before the board and to be interviewed. The 811
hearing shall be held no later than thirty (30) days prior to the 812
month of eligibility. No application for parole of a person 813
convicted of a capital offense shall be considered by the board 814
unless and until notice of the filing of such application shall 815
have been published at least once a week for two (2) weeks in a 816
newspaper published in or having general circulation in the county 817
in which the crime was committed. The board shall, within thirty 818
(30) days prior to the scheduled hearing, also give notice of the 819
filing of the application for parole to the victim of the offense 820
for which the prisoner is incarcerated and being considered for 821
parole or, in case the offense be homicide, a designee of the 822
immediate family of the victim, provided the victim or designated 823
family member has furnished in writing a current address to the 824
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board for such purpose. The victim or designated family member 825
shall be provided an opportunity to be heard by the board before 826
the board makes a decision regarding release on parole. The board 827
shall consider whether any restitution ordered has been paid in 828
full. Parole release shall, at the hearing, be ordered only for 829
the best interest of society, not as an award of clemency; it 830
shall not be considered to be a reduction of sentence or pardon. 831
An offender shall be placed on parole only when arrangements have 832
been made for his proper employment or for his maintenance and 833
care, and when the board believes that he is able and willing to 834
fulfill the obligations of a law-abiding citizen. When the board 835
determines that the offender will need transitional housing upon 836
release in order to improve the likelihood of the offender 837
becoming a law-abiding citizen, the board may parole the offender 838
with the condition that the inmate spends no more than six (6) 839
months in a transitional reentry center. At least fifteen (15) 840
days prior to the release of an offender on parole, the director 841
of records of the department shall give the written notice which 842
is required pursuant to Section 47-5-177. Every offender while on 843
parole shall remain in the legal custody of the department from 844
which he was released and shall be amenable to the orders of the 845
board. Upon determination by the board that an offender is 846
eligible for release by parole, notice shall also be given within 847
at least fifteen (15) days before release, by the board to the 848
victim of the offense or the victim's family member, as indicated 849
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above, regarding the date when the offender's release shall occur, 850
provided a current address of the victim or the victim's family 851
member has been furnished in writing to the board for such 852
purpose. 853
(3) For any hearing where an offender has been convicted of 854
a crime of violence, as set out under Section 97-3-2 or any 855
offense set out under Section 47-7-3(1)(a) through (g), the board 856
shall, within thirty (30) days prior to the scheduled hearing, 857
solicit the written or oral recommendations of the Attorney 858
General, the attorney who prosecuted the case, the judge who 859
presided over the case, the chief of police of the municipality 860
where the offender was convicted and the sheriff of the county 861
where the offender was convicted. 862
(4) The board shall, within thirty (30) days prior to the 863
scheduled hearing, also give written or electronic notice of the 864
filing of the application for parole to the attorney who 865
prosecuted the case, the judge who presided over the case, the 866
chief of police of the municipality where the offender was 867
convicted and the sheriff of the county where the offender was 868
convicted. 869
(5) If the attorney who prosecuted the case or the judge who 870
presided over the case is not living or serving, solicitation for 871
recommendations under subsection (3) and notice under subsection 872
(4) shall be given to the district attorney and one of the judges 873
of the court in which the offender was convicted. 874
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(6) Failure to provide notice to the victim or the victim's 875
family member of the filing of the application for parole or of 876
any decision made by the board regarding parole shall not 877
constitute grounds for vacating an otherwise lawful parole 878
determination nor shall it create any right or liability, civilly 879
or criminally, against the board or any member thereof. 880
(7) A letter of protest against granting an offender parole 881
shall not be treated as the conclusive and only reason for not 882
granting parole. 883
(8) The board may adopt such other rules not inconsistent 884
with law as it may deem proper or necessary with respect to the 885
eligibility of offenders for parole, the conduct of parole 886
hearings, or conditions to be imposed upon parolees, including a 887
condition that the parolee submit, as provided in Section 47-5-601 888
to any type of breath, saliva or urine chemical analysis test, the 889
purpose of which is to detect the possible presence of alcohol or 890
a substance prohibited or controlled by any law of the State of 891
Mississippi or the United States. The board shall have the 892
authority to adopt rules related to the placement of certain 893
offenders on unsupervised parole and for the operation of 894
transitional reentry centers. However, in no case shall an 895
offender be placed on unsupervised parole before he has served a 896
minimum of fifty percent (50%) of the period of supervised parole. 897
SECTION 13. Section 47-7-18, Mississippi Code of 1972, is 898
brought forward as follows: 899
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47-7-18 (1) No inmate convicted of a sex offense as defined 900
by Section 45-33-23(h), a crime of violence as defined by Section 901
97-3-2, or both, nor an inmate who is eligible for geriatric 902
parole shall be released on parole without a hearing before the 903
Parole Board as required by Section 47-7-17. All other inmates 904
eligible for parole pursuant to Section 47-7-3 shall be released 905
from incarceration to parole supervision on the inmate's parole 906
eligibility date, without a hearing before the board, if: 907
(a) The inmate has met the requirements of the parole 908
case plan established pursuant to Section 47-7-3.1; 909
(b) A victim of the offense has not requested the board 910
conduct a hearing; 911
(c) The inmate has not received a serious or major 912
violation report within the past six (6) months; 913
(d) The inmate has agreed to the conditions of 914
supervision; and 915
(e) The inmate has a discharge plan approved by the 916
board. 917
(2) At least thirty (30) days prior to an inmate's parole 918
eligibility date, the department shall notify the board in writing 919
of the inmate's compliance or noncompliance with the case plan. 920
If an inmate fails to meet a requirement of the case plan, prior 921
to the parole eligibility date, he or she shall have a hearing 922
before the board to determine if completion of the case plan can 923
occur while in the community. 924
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(3) Any inmate for whom there is insufficient information 925
for the department to determine compliance with the case plan 926
shall have a hearing with the board. 927
(4) A hearing shall be held with the board if requested by 928
the victim following notification of the inmate's parole release 929
date pursuant to Section 47-7-17. 930
(5) A hearing shall be held by the board if a law 931
enforcement official from the community to which the inmate will 932
return contacts the board or the department and requests a hearing 933
to consider information relevant to public safety risks posed by 934
the inmate if paroled at the initial parole eligibility date. The 935
law enforcement official shall submit an explanation documenting 936
these concerns for the board to consider. 937
(6) If a parole hearing is held, the board may determine the 938
inmate has sufficiently complied with the case plan or that the 939
incomplete case plan is not the fault of the inmate and that 940
granting parole is not incompatible with public safety, the board 941
may then parole the inmate with appropriate conditions. If the 942
board determines that the inmate has sufficiently complied with 943
the case plan but the discharge plan indicates that the inmate 944
does not have appropriate housing immediately upon release, the 945
board may parole the inmate to a transitional reentry center with 946
the condition that the inmate spends no more than six (6) months 947
in the center. If the board determines that the inmate has not 948
substantively complied with the requirement(s) of the case plan it 949
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may deny parole. If the board denies parole, the board may 950
schedule a subsequent parole hearing and, if a new date is 951
scheduled, the board shall identify the corrective action the 952
inmate will need to take in order to be granted parole. Any 953
inmate not released at the time of the inmate's initial parole 954
date shall have a parole hearing at least every year. 955
SECTION 14. Section 47-7-19, Mississippi Code of 1972, is 956
brought forward as follows: 957
47-7-19. It shall be the duty of all correctional system 958
officials to grant to the members of the board or its properly 959
accredited representatives, access at all reasonable times to any 960
person over whom the board may have jurisdiction under this 961
chapter; to provide for the board or such representatives 962
facilities for communicating with and observing the offender; and 963
to furnish to the board such reports as the board shall require 964
concerning the conduct and character of any offender in the 965
Department of Corrections custody and any other facts deemed by 966
the board pertinent in determining whether such offender shall be 967
paroled. 968
It shall be the duty of any judge, district attorney, county 969
attorney, police officer, or other public official of the state, 970
having information with reference to any person eligible for 971
parole, to send such information as may be in his possession or 972
under his control to the board, in writing, upon request of any 973
member or employee thereof. 974
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SECTION 15. Section 47-7-21, Mississippi Code of 1972, is 975
brought forward as follows: 976
47-7-21. All information obtained in the discharge of 977
official duty by a field officer as an employee of the Department 978
of Corrections shall be privileged and shall not be disclosed 979
directly or indirectly to anyone other than to (a) the State 980
Parole Board, (b) a judge, or (c) law enforcement agencies when 981
such information is relevant to criminal activity. 982
SECTION 16. Section 47-7-23, Mississippi Code of 1972, is 983
brought forward as follows: 984
47-7-23. Except as otherwise provided by law, the Department 985
of Corrections shall have the power and duty to make rules for the 986
conduct of persons heretofore or hereafter placed on parole under 987
the supervision of the Department of Corrections and for the 988
investigation and supervision of such persons, which supervision 989
may include a condition that such persons submit, as provided in 990
Section 47-5-601, to any type of breath, saliva or urine chemical 991
analysis test, the purpose of which is to detect the possible 992
presence of alcohol or a substance prohibited or controlled by any 993
law of the State of Mississippi or the United States. The 994
department shall not make any rules which shall be inconsistent 995
with the rules imposed by the State Parole Board pursuant to 996
Section 47-7-17 on offenders who are placed on unsupervised 997
parole. 998
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SECTION 17. Section 47-7-25, Mississippi Code of 1972, is 999
brought forward as follows: 1000
47-7-25. When an offender is placed on parole he shall 1001
receive, if needed, from the state, civilian clothing and 1002
transportation to the place in which he is to reside. At the 1003
discretion of the board the offender may be advanced such sum for 1004
his temporary maintenance as the board may allow. The aforesaid 1005
gratuities are to be furnished by the Commissioner of Corrections 1006
who is authorized to charge the actual cost of same in his account 1007
as Commissioner of Corrections. 1008
SECTION 18. Section 47-7-27, Mississippi Code of 1972, is 1009
brought forward as follows: 1010
47-7-27. (1) The board may, at any time and upon a showing 1011
of probable violation of parole, issue a warrant for the return of 1012
any paroled offender to the custody of the department. The 1013
warrant shall authorize all persons named therein to return the 1014
paroled offender to actual custody of the department from which he 1015
was paroled. 1016
(2) Any field supervisor may arrest an offender without a 1017
warrant or may deputize any other person with power of arrest by 1018
giving him a written statement setting forth that the offender 1019
has, in the judgment of that field supervisor, violated the 1020
conditions of his parole or earned-release supervision. The 1021
written statement delivered with the offender by the arresting 1022
officer to the official in charge of the department facility from 1023
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which the offender was released or other place of detention 1024
designated by the department shall be sufficient warrant for the 1025
detention of the offender. 1026
(3) The field supervisor, after making an arrest, shall 1027
present to the detaining authorities a similar statement of the 1028
circumstances of violation. The field supervisor shall at once 1029
notify the board or department of the arrest and detention of the 1030
offender and shall submit a written report showing in what manner 1031
the offender has violated the conditions of parole or 1032
earned-release supervision. An offender for whose return a 1033
warrant has been issued by the board shall, after the issuance of 1034
the warrant, be deemed a fugitive from justice. 1035
(4) Whenever an offender is arrested on a warrant for an 1036
alleged violation of parole as herein provided, the board shall 1037
hold an informal preliminary hearing within seventy-two (72) hours 1038
to determine whether there is reasonable cause to believe the 1039
person has violated a condition of parole. A preliminary hearing 1040
shall not be required when the offender is not under arrest on a 1041
warrant or the offender signed a waiver of a preliminary hearing. 1042
The preliminary hearing may be conducted electronically. 1043
(5) The right of the State of Mississippi to extradite 1044
persons and return fugitives from justice, from other states to 1045
this state, shall not be impaired by this chapter and shall remain 1046
in full force and effect. An offender convicted of a felony 1047
committed while on parole, whether in the State of Mississippi or 1048
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another state, shall immediately have his parole revoked upon 1049
presentment of a certified copy of the commitment order to the 1050
board. If an offender is on parole and the offender is convicted 1051
of a felony for a crime committed prior to the offender being 1052
placed on parole, whether in the State of Mississippi or another 1053
state, the offender may have his parole revoked upon presentment 1054
of a certified copy of the commitment order to the board. 1055
(6) (a) The board shall hold a hearing for any parolee who 1056
is detained as a result of a warrant or a violation report within 1057
twenty-one (21) days of the parolee's admission to detention. The 1058
board may, in its discretion, terminate the parole or modify the 1059
terms and conditions thereof. If the board revokes parole for one 1060
or more technical violations the board shall impose a period of 1061
imprisonment to be served in a technical violation center operated 1062
by the department not to exceed ninety (90) days for the first 1063
revocation and not to exceed one hundred twenty (120) days for the 1064
second revocation. For the third revocation, the board may impose 1065
a period of imprisonment to be served in a technical violation 1066
center for up to one hundred and eighty (180) days or the board 1067
may impose the remainder of the suspended portion of the sentence. 1068
For the fourth and any subsequent revocation, the board may impose 1069
up to the remainder of the suspended portion of the sentence. The 1070
period of imprisonment in a technical violation center imposed 1071
under this section shall not be reduced in any manner. 1072
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(b) If the board does not hold a hearing or does not 1073
take action on the violation within the twenty-one-day time frame 1074
in paragraph (a) of this subsection, the parolee shall be released 1075
from detention and shall return to parole status. The board may 1076
subsequently hold a hearing and may revoke parole or may continue 1077
parole and modify the terms and conditions of parole. If the 1078
board revokes parole for one or more technical violations the 1079
board shall impose a period of imprisonment to be served in a 1080
technical violation center operated by the department not to 1081
exceed ninety (90) days for the first revocation and not to exceed 1082
one hundred twenty (120) days for the second revocation. For the 1083
third revocation, the board may impose a period of imprisonment to 1084
be served in a technical violation center for up to one hundred 1085
eighty (180) days or the board may impose the remainder of the 1086
suspended portion of the sentence. For the fourth and any 1087
subsequent revocation, the board may impose up to the remainder of 1088
the suspended portion of the sentence. The period of imprisonment 1089
in a technical violation center imposed under this section shall 1090
not be reduced in any manner. 1091
(c) For a parolee charged with one or more technical 1092
violations who has not been detained awaiting the revocation 1093
hearing, the board may hold a hearing within a reasonable time. 1094
The board may revoke parole or may continue parole and modify the 1095
terms and conditions of parole. If the board revokes parole for 1096
one or more technical violations the board shall impose a period 1097
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of imprisonment to be served in a technical violation center 1098
operated by the department not to exceed ninety (90) days for the 1099
first revocation and not to exceed one hundred twenty (120) days 1100
for the second revocation. For the third revocation, the board 1101
may impose a period of imprisonment to be served in a technical 1102
violation center for up to one hundred eighty (180) days or the 1103
board may impose the remainder of the suspended portion of the 1104
sentence. For the fourth and any subsequent revocation, the board 1105
may impose up to the remainder of the suspended portion of the 1106
sentence. The period of imprisonment in a technical violation 1107
center imposed under this section shall not be reduced in any 1108
manner. 1109
(7) Unless good cause for the delay is established in the 1110
record of the proceeding, the parole revocation charge shall be 1111
dismissed if the revocation hearing is not held within the thirty 1112
(30) days of the issuance of the warrant. 1113
(8) The chairman and each member of the board and the 1114
designated parole revocation hearing officer may, in the discharge 1115
of their duties, administer oaths, summon and examine witnesses, 1116
and take other steps as may be necessary to ascertain the truth of 1117
any matter about which they have the right to inquire. 1118
(9) The board shall provide semiannually to the Oversight 1119
Task Force the number of warrants issued for an alleged violation 1120
of parole, the average time between detention on a warrant and 1121
preliminary hearing, the average time between detention on a 1122
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warrant and revocation hearing, the number of ninety-day sentences 1123
in a technical violation center issued by the board, the number of 1124
one-hundred-twenty-day sentences in a technical violation center 1125
issued by the board, the number of one-hundred-eighty-day 1126
sentences issued by the board, and the number and average length 1127
of the suspended sentences imposed by the board in response to a 1128
violation. 1129
SECTION 19. Section 47-7-29, Mississippi Code of 1972, is 1130
brought forward as follows: 1131
47-7-29. Any prisoner who commits a felony while at large 1132
upon parole or earned-release supervision and who is convicted and 1133
sentenced therefor shall be required to serve such sentence after 1134
the original sentence has been completed. 1135
SECTION 20. Section 47-7-31, Mississippi Code of 1972, is 1136
brought forward as follows: 1137
47-7-31. Upon request of the Governor the Department of 1138
Corrections shall investigate and report to him with respect to 1139
any case of pardon, commutation of sentence, reprieve, furlough or 1140
remission of fine or forfeiture. 1141
Any attorney of record in the State of Mississippi 1142
representing any person whose record is before the department 1143
shall have the right to inspect such records on file with the 1144
department. 1145
SECTION 21. Section 47-7-33, Mississippi Code of 1972, is 1146
brought forward as follows: 1147
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47-7-33. (1) When it appears to the satisfaction of any 1148
circuit court or county court in the State of Mississippi having 1149
original jurisdiction over criminal actions, or to the judge 1150
thereof, that the ends of justice and the best interest of the 1151
public, as well as the defendant, will be served thereby, such 1152
court, in termtime or in vacation, shall have the power, after 1153
conviction or a plea of guilty, except in a case where a death 1154
sentence or life imprisonment is the maximum penalty which may be 1155
imposed, to suspend the imposition or execution of sentence, and 1156
place the defendant on probation as herein provided, except that 1157
the court shall not suspend the execution of a sentence of 1158
imprisonment after the defendant shall have begun to serve such 1159
sentence. In placing any defendant on probation, the court, or 1160
judge, shall direct that such defendant be under the supervision 1161
of the Department of Corrections. 1162
(2) When any circuit or county court places an offender on 1163
probation, the court shall give notice to the Mississippi 1164
Department of Corrections within fifteen (15) days of the court's 1165
decision to place the offender on probation. Notice shall be 1166
delivered to the central office of the Mississippi Department of 1167
Corrections and to the regional office of the department which 1168
will be providing supervision to the offender on probation. 1169
(3) When any circuit court or county court places a person 1170
on probation in accordance with the provisions of this section and 1171
that person is ordered to make any payments to his family, if any 1172
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member of his family whom he is ordered to support is receiving 1173
public assistance through the State Department of Human Services, 1174
the court shall order him to make such payments to the county 1175
welfare officer of the county rendering public assistance to his 1176
family, for the sole use and benefit of said family. 1177
SECTION 22. Section 47-7-33.1, Mississippi Code of 1972, is 1178
brought forward as follows: 1179
47-7-33.1. (1) The department shall create a discharge plan 1180
for any offender returning to the community, regardless of whether 1181
the person will discharge from the custody of the department, or 1182
is released on parole, pardon, or otherwise. At least ninety (90) 1183
days prior to an offender's earliest release date, the 1184
commissioner shall conduct a pre-release assessment and complete a 1185
written discharge plan based on the assessment results. The 1186
discharge plan for parole eligible offenders shall be sent to the 1187
parole board at least thirty (30) days prior to the offender's 1188
parole eligibility date for approval. The board may suggest 1189
changes to the plan that it deems necessary to ensure a successful 1190
transition. 1191
(2) The pre-release assessment shall identify whether an 1192
inmate requires assistance obtaining the following basic needs 1193
upon release: transportation, clothing and food, financial 1194
resources, identification documents, housing, employment, 1195
education, health care and support systems. The discharge plan 1196
shall include information necessary to address these needs and the 1197
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steps being taken by the department to assist in this process, 1198
including an up-to-date version of the information described in 1199
Section 63-1-309(4). Based on the findings of the assessment, the 1200
commissioner shall: 1201
(a) Arrange transportation for inmates from the 1202
correctional facility to their release destination; 1203
(b) Ensure inmates have clean, seasonally appropriate 1204
clothing, and provide inmates with a list of food providers and 1205
other basic resources immediately accessible upon release; 1206
(c) Ensure inmates have a provisional driver's license 1207
issued pursuant to Title 63, Chapter 1, Article 7, Mississippi 1208
Code of 1972, a regular driver's license if eligible, or a 1209
state-issued identification card that is not a Department of 1210
Corrections identification card; 1211
(d) Assist inmates in identifying safe, affordable 1212
housing upon release. If accommodations are not available, 1213
determine whether temporary housing is available for at least ten 1214
(10) days after release. If temporary housing is not available, 1215
the discharge plan shall reflect that satisfactory housing has not 1216
been established and the person may be a candidate for 1217
transitional reentry center placement; 1218
(e) Refer inmates without secured employment to 1219
employment opportunities; 1220
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(f) Provide inmates with contact information of a 1221
health care facility/provider in the community in which they plan 1222
to reside; 1223
(g) Notify family members of the release date and 1224
release plan, if the inmate agrees; and 1225
(h) Refer inmates to a community or a faith-based 1226
organization that can offer support within the first twenty-four 1227
(24) hours of release. 1228
(3) A written discharge plan shall be provided to the 1229
offender and supervising probation officer or parole officer, if 1230
applicable. 1231
(4) A discharge plan created for a parole-eligible offender 1232
shall also include supervision conditions and the intensity of 1233
supervision based on the assessed risk to recidivate and whether 1234
there is a need for transitional housing. The board shall approve 1235
discharge plans before an offender is released on parole pursuant 1236
to this chapter. 1237
SECTION 23. Section 47-7-34, Mississippi Code of 1972, is 1238
brought forward as follows: 1239
47-7-34. (1) When a court imposes a sentence upon a 1240
conviction for any felony committed after June 30, 1995, the 1241
court, in addition to any other punishment imposed if the other 1242
punishment includes a term of incarceration in a state or local 1243
correctional facility, may impose a term of post-release 1244
supervision. However, the total number of years of incarceration 1245
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plus the total number of years of post-release supervision shall 1246
not exceed the maximum sentence authorized to be imposed by law 1247
for the felony committed. The defendant shall be placed under 1248
post-release supervision upon release from the term of 1249
incarceration. The period of supervision shall be established by 1250
the court. 1251
(2) The period of post-release supervision shall be 1252
conducted in the same manner as a like period of supervised 1253
probation, including a requirement that the defendant shall abide 1254
by any terms and conditions as the court may establish. Failure 1255
to successfully abide by the terms and conditions shall be grounds 1256
to terminate the period of post-release supervision and to 1257
recommit the defendant to the correctional facility from which he 1258
was previously released. Procedures for termination and 1259
recommitment shall be conducted in the same manner as procedures 1260
for the revocation of probation and imposition of a suspended 1261
sentence as required pursuant to Section 47-7-37. 1262
(3) Post-release supervision programs shall be operated 1263
through the probation and parole unit of the Division of Community 1264
Corrections of the department. The maximum amount of time that 1265
the Mississippi Department of Corrections may supervise an 1266
offender on the post-release supervision program is five (5) 1267
years. 1268
SECTION 24. Section 47-7-35, Mississippi Code of 1972, is 1269
brought forward as follows: 1270
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47-7-35. (1) The courts referred to in Section 47-7-33 or 1271
47-7-34 shall determine the terms and conditions of probation or 1272
post-release supervision and may alter or modify, at any time 1273
during the period of probation or post-release supervision, the 1274
conditions and may include among them the following or any other: 1275
That the offender shall: 1276
(a) Commit no offense against the laws of this or any 1277
other state of the United States, or of any federal, territorial 1278
or tribal jurisdiction of the United States; 1279
(b) Avoid injurious or vicious habits; 1280
(c) Avoid persons or places of disreputable or harmful 1281
character; 1282
(d) Report to the probation and parole officer as 1283
directed; 1284
(e) Permit the probation and parole officer to visit 1285
him at home or elsewhere; 1286
(f) Work faithfully at suitable employment so far as 1287
possible; 1288
(g) Remain within a specified area; 1289
(h) Pay his fine in one (1) or several sums; 1290
(i) Support his dependents; 1291
(j) Submit, as provided in Section 47-5-601, to any 1292
type of breath, saliva or urine chemical analysis test, the 1293
purpose of which is to detect the possible presence of alcohol or 1294
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a substance prohibited or controlled by any law of the State of 1295
Mississippi or the United States; 1296
(k) Register as a sex offender if so required under 1297
Title 45, Chapter 33. 1298
(2) When any court places a defendant on misdemeanor 1299
probation, the court must cause to be conducted a search of the 1300
probationer's name or other identifying information against the 1301
registration information regarding sex offenders maintained under 1302
Title 45, Chapter 33. The search may be conducted using the 1303
Internet site maintained by the Department of Public Safety Sex 1304
Offender Registry. 1305
SECTION 25. Section 47-7-36, Mississippi Code of 1972, is 1306
brought forward as follows: 1307
47-7-36. (1) Any person who supervises an individual placed 1308
on parole by the Parole Board or placed on probation by the court 1309
shall set the times and locations for meetings that are required 1310
for parole or probation at such times and locations that are 1311
reasonably designed to accommodate the work schedule of an 1312
individual on parole or probation who is employed by another 1313
person or entity. 1314
(2) To effectuate the provisions of this section, the parole 1315
officer or probation officer may utilize technology portals such 1316
as Skype, FaceTime or Google video chat, or any other technology 1317
portal that allows communication between the individual on parole 1318
or probation and the parole or probation officer, as applicable, 1319
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to occur simultaneously in real time by voice and video in lieu of 1320
requiring a face-to-face in person meeting of such individual and 1321
the parole or probation officer, as applicable. For individuals 1322
who are self-employed, the provisions of this subsection shall 1323
only apply with the agreement of their supervising parole or 1324
probation officer. 1325
(3) The Department of Corrections shall promulgate rules and 1326
regulations to implement the provisions of this section. The 1327
rules and regulations promulgated by the department shall include, 1328
but are not limited to, minimum standards and guidelines for the 1329
authorized technology and how it may be used as well as standards 1330
for determining the eligibility and suitability of an individual 1331
on parole or probation to meet his or her reporting requirements 1332
through the use of such technology. The eligibility and 1333
suitability standards shall include consideration of the severity 1334
of the individual's underlying criminal conviction and such 1335
individual's criminal history, supervision level, and past 1336
supervision history. 1337
(4) This section shall not apply to offenders whose 1338
employers comply with the requirements of Section 47-7-36.1(1). 1339
SECTION 26. Section 47-7-37, Mississippi Code of 1972, is 1340
brought forward as follows: 1341
47-7-37. (1) The period of probation shall be fixed by the 1342
court, and may at any time be extended or terminated by the court, 1343
or judge in vacation. Such period with any extension thereof 1344
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shall not exceed five (5) years, except that in cases of desertion 1345
and/or failure to support minor children, the period of probation 1346
may be fixed and/or extended by the court for so long as the duty 1347
to support such minor children exists. The time served on 1348
probation or post-release supervision may be reduced pursuant to 1349
Section 47-7-40. 1350
(2) At any time during the period of probation, the court, 1351
or judge in vacation, may issue a warrant for violating any of the 1352
conditions of probation or suspension of sentence and cause the 1353
probationer to be arrested. Any probation and parole officer may 1354
arrest a probationer without a warrant, or may deputize any other 1355
officer with power of arrest to do so by giving him a written 1356
statement setting forth that the probationer has, in the judgment 1357
of the probation and parole officer, violated the conditions of 1358
probation. Such written statement delivered with the probationer 1359
by the arresting officer to the official in charge of a county 1360
jail or other place of detention shall be sufficient warrant for 1361
the detention of the probationer. 1362
(3) Whenever an offender is arrested on a warrant for an 1363
alleged violation of probation as herein provided, the department 1364
shall hold an informal preliminary hearing within seventy-two (72) 1365
hours of the arrest to determine whether there is reasonable cause 1366
to believe the person has violated a condition of probation. A 1367
preliminary hearing shall not be required when the offender is not 1368
under arrest on a warrant or the offender signed a waiver of a 1369
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preliminary hearing. The preliminary hearing may be conducted 1370
electronically. If reasonable cause is found, the offender may be 1371
confined no more than twenty-one (21) days from the admission to 1372
detention until a revocation hearing is held. If the revocation 1373
hearing is not held within twenty-one (21) days, the probationer 1374
shall be released from custody and returned to probation status. 1375
(4) If a probationer or offender is subject to registration 1376
as a sex offender, the court must make a finding that the 1377
probationer or offender is not a danger to the public prior to 1378
release with or without bail. In determining the danger posed by 1379
the release of the offender or probationer, the court may consider 1380
the nature and circumstances of the violation and any new offenses 1381
charged; the offender or probationer's past and present conduct, 1382
including convictions of crimes and any record of arrests without 1383
conviction for crimes involving violence or sex crimes; any other 1384
evidence of allegations of unlawful sexual conduct or the use of 1385
violence by the offender or probationer; the offender or 1386
probationer's family ties, length of residence in the community, 1387
employment history and mental condition; the offender or 1388
probationer's history and conduct during the probation or other 1389
supervised release and any other previous supervisions, including 1390
disciplinary records of previous incarcerations; the likelihood 1391
that the offender or probationer will engage again in a criminal 1392
course of conduct; the weight of the evidence against the offender 1393
or probationer; and any other facts the court considers relevant. 1394
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(5) (a) The probation and parole officer after making an 1395
arrest shall present to the detaining authorities a similar 1396
statement of the circumstances of violation. The probation and 1397
parole officer shall at once notify the court of the arrest and 1398
detention of the probationer and shall submit a report in writing 1399
showing in what manner the probationer has violated the conditions 1400
of probation. Within twenty-one (21) days of arrest and detention 1401
by warrant as herein provided, the court shall cause the 1402
probationer to be brought before it and may continue or revoke all 1403
or any part of the probation or the suspension of sentence. If 1404
the court revokes probation for one or more technical violations, 1405
the court shall impose a period of imprisonment to be served in 1406
either a technical violation center or a restitution center not to 1407
exceed ninety (90) days for the first revocation and not to exceed 1408
one hundred twenty (120) days for the second revocation. For the 1409
third revocation, the court may impose a period of imprisonment to 1410
be served in either a technical violation center or a restitution 1411
center for up to one hundred eighty (180) days or the court may 1412
impose the remainder of the suspended portion of the sentence. 1413
For the fourth and any subsequent revocation, the court may impose 1414
up to the remainder of the suspended portion of the sentence. The 1415
period of imprisonment in a technical violation center imposed 1416
under this section shall not be reduced in any manner. 1417
(b) If the offender is not detained as a result of the 1418
warrant, the court shall cause the probationer to be brought 1419
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before it within a reasonable time and may continue or revoke all 1420
or any part of the probation or the suspension of sentence, and 1421
may cause the sentence imposed to be executed or may impose any 1422
part of the sentence which might have been imposed at the time of 1423
conviction. If the court revokes probation for one or more 1424
technical violations, the court shall impose a period of 1425
imprisonment to be served in either a technical violation center 1426
or a restitution center not to exceed ninety (90) days for the 1427
first revocation and not to exceed one hundred twenty (120) days 1428
for the second revocation. For the third revocation, the court 1429
may impose a period of imprisonment to be served in either a 1430
technical violation center or a restitution center for up to one 1431
hundred eighty (180) days or the court may impose the remainder of 1432
the suspended portion of the sentence. For the fourth and any 1433
subsequent revocation, the court may impose up to the remainder of 1434
the suspended portion of the sentence. The period of imprisonment 1435
in a technical violation center imposed under this section shall 1436
not be reduced in any manner. 1437
(c) If the court does not hold a hearing or does not 1438
take action on the violation within the twenty-one-day period, the 1439
offender shall be released from detention and shall return to 1440
probation status. The court may subsequently hold a hearing and 1441
may revoke probation or may continue probation and modify the 1442
terms and conditions of probation. If the court revokes probation 1443
for one or more technical violations, the court shall impose a 1444
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period of imprisonment to be served in either a technical 1445
violation center operated by the department or a restitution 1446
center not to exceed ninety (90) days for the first revocation and 1447
not to exceed one hundred twenty (120) days for the second 1448
revocation. For the third revocation, the court may impose a 1449
period of imprisonment to be served in either a technical 1450
violation center or a restitution center for up to one hundred 1451
eighty (180) days or the court may impose the remainder of the 1452
suspended portion of the sentence. For the fourth and any 1453
subsequent revocation, the court may impose up to the remainder of 1454
the suspended portion of the sentence. The period of imprisonment 1455
in a technical violation center imposed under this section shall 1456
not be reduced in any manner. 1457
(d) For an offender charged with a technical violation 1458
who has not been detained awaiting the revocation hearing, the 1459
court may hold a hearing within a reasonable time. The court may 1460
revoke probation or may continue probation and modify the terms 1461
and conditions of probation. If the court revokes probation for 1462
one or more technical violations the court shall impose a period 1463
of imprisonment to be served in either a technical violation 1464
center operated by the department or a restitution center not to 1465
exceed ninety (90) days for the first revocation and not to exceed 1466
one hundred twenty (120) days for the second revocation. For the 1467
third revocation, the court may impose a period of imprisonment to 1468
be served in either a technical violation center or a restitution 1469
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center for up to one hundred eighty (180) days or the court may 1470
impose the remainder of the suspended portion of the sentence. 1471
For the fourth and any subsequent revocation, the court may impose 1472
up to the remainder of the suspended portion of the sentence. The 1473
period of imprisonment in a technical violation center imposed 1474
under this section shall not be reduced in any manner. 1475
(6) If the probationer is arrested in a circuit court 1476
district in the State of Mississippi other than that in which he 1477
was convicted, the probation and parole officer, upon the written 1478
request of the sentencing judge, shall furnish to the circuit 1479
court or the county court of the county in which the arrest is 1480
made, or to the judge of such court, a report concerning the 1481
probationer, and such court or the judge in vacation shall have 1482
authority, after a hearing, to continue or revoke all or any part 1483
of probation or all or any part of the suspension of sentence, and 1484
may in case of revocation proceed to deal with the case as if 1485
there had been no probation. In such case, the clerk of the court 1486
in which the order of revocation is issued shall forward a 1487
transcript of such order to the clerk of the court of original 1488
jurisdiction, and the clerk of that court shall proceed as if the 1489
order of revocation had been issued by the court of original 1490
jurisdiction. Upon the revocation of probation or suspension of 1491
sentence of any offender, such offender shall be placed in the 1492
legal custody of the State Department of Corrections and shall be 1493
subject to the requirements thereof. 1494
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(7) Any probationer who removes himself from the State of 1495
Mississippi without permission of the court placing him on 1496
probation, or the court to which jurisdiction has been 1497
transferred, shall be deemed and considered a fugitive from 1498
justice and shall be subject to extradition as now provided by 1499
law. No part of the time that one is on probation shall be 1500
considered as any part of the time that he shall be sentenced to 1501
serve. 1502
(8) The arresting officer, except when a probation and 1503
parole officer, shall be allowed the same fees as now provided by 1504
law for arrest on warrant, and such fees shall be taxed against 1505
the probationer and paid as now provided by law. 1506
(9) The arrest, revocation and recommitment procedures of 1507
this section also apply to persons who are serving a period of 1508
post-release supervision imposed by the court. 1509
(10) Unless good cause for the delay is established in the 1510
record of the proceeding, the probation revocation charge shall be 1511
dismissed if the revocation hearing is not held within thirty (30) 1512
days of the warrant being issued. 1513
(11) The Department of Corrections shall provide 1514
semiannually to the Oversight Task Force the number of warrants 1515
issued for an alleged violation of probation or post-release 1516
supervision, the average time between detention on a warrant and 1517
preliminary hearing, the average time between detention on a 1518
warrant and revocation hearing, the number of ninety-day sentences 1519
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in a technical violation center issued by the court, the number of 1520
one-hundred-twenty-day sentences in a technical violation center 1521
issued by the court, the number of one-hundred-eighty-day 1522
sentences issued by the court, and the number and average length 1523
of the suspended sentences imposed by the court in response to a 1524
violation. 1525
SECTION 27. Section 47-7-37.1, Mississippi Code of 1972, is 1526
brought forward as follows: 1527
47-7-37.1. Notwithstanding any other provision of law to the 1528
contrary, if a court finds by a preponderance of the evidence, 1529
that a probationer or a person under post-release supervision has 1530
committed a felony or absconded, the court may revoke his 1531
probation and impose any or all of the sentence. For purposes of 1532
this section, "absconding from supervision" means the failure of a 1533
probationer to report to his supervising officer for six (6) or 1534
more consecutive months. 1535
SECTION 28. Section 47-7-38, Mississippi Code of 1972, is 1536
brought forward as follows: 1537
47-7-38. (1) The department shall have the authority to 1538
impose graduated sanctions as an alternative to judicial 1539
modification or revocation, as provided in Sections 47-7-27 and 1540
47-7-37, for offenders on probation, parole, or post-release 1541
supervision who commit technical violations of the conditions of 1542
supervision as defined by Section 47-7-2. 1543
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(2) The commissioner shall develop a standardized graduated 1544
sanctions system, which shall include a grid to guide field 1545
officers in determining the suitable response to a technical 1546
violation. The commissioner shall promulgate rules and 1547
regulations for the development and application of the system of 1548
sanctions. Field officers shall be required to conform to the 1549
sanction grid developed. 1550
(3) The system of sanctions shall include a list of 1551
sanctions for the most common types of violations. When 1552
determining the sanction to impose, the field officer shall take 1553
into account the offender's assessed risk level, previous 1554
violations and sanctions, and severity of the current and prior 1555
violations. 1556
(4) Field officers shall notify the sentencing court when a 1557
probationer has committed a technical violation or the parole 1558
board when a parolee has committed a technical violation of the 1559
type of violation and the sanction imposed. When the technical 1560
violation is an arrest for a new criminal offense, the field 1561
officer shall notify the court within forty-eight (48) hours of 1562
becoming aware of the arrest. 1563
(5) The graduated sanctions that the department may impose 1564
include, but shall not be limited to: 1565
(a) Verbal warnings; 1566
(b) Increased reporting; 1567
(c) Increased drug and alcohol testing; 1568
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(d) Mandatory substance abuse treatment; 1569
(e) Loss of earned-discharge credits; and 1570
(f) Incarceration in a county jail for no more than two 1571
(2) days. Incarceration as a sanction shall not be used more than 1572
two (2) times per month for a total period incarcerated of no more 1573
than four (4) days. 1574
(6) The system shall also define positive reinforcements 1575
that offenders will receive for compliance with conditions of 1576
supervision. These positive reinforcements shall include, but not 1577
limited to: 1578
(a) Verbal recognition; 1579
(b) Reduced reporting; and 1580
(c) Credits for earned discharge which shall be awarded 1581
pursuant to Section 47-7-40. 1582
(7) The Department of Corrections shall provide semiannually 1583
to the Oversight Task Force the number and percentage of offenders 1584
who have one or more violations during the year, the average 1585
number of violations per offender during the year and the total 1586
and average number of incarceration sanctions as defined in 1587
subsection (5) of this section imposed during the year. 1588
SECTION 29. Section 47-7-38.1, Mississippi Code of 1972, is 1589
brought forward as follows: 1590
47-7-38.1. (1) The Department of Corrections shall 1591
establish technical violation centers to detain probation and 1592
parole violators revoked by the court or parole board. 1593
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(2) The department shall place an offender in a violation 1594
center for a technical violation as ordered by the board pursuant 1595
to Section 47-7-27 and the sentencing court pursuant to Section 1596
47-7-37. 1597
(3) The violation centers shall be equipped to address the 1598
underlying factors that led to the offender's violation as 1599
identified based on the results of a risk and needs assessment. 1600
At a minimum each violation center shall include substance abuse 1601
services shown to reduce recidivism and a reduction in the use of 1602
illicit substances or alcohol, education programs, employment 1603
preparation and training programs and behavioral programs. 1604
(4) As required by Section 47-5-20(b), the department shall 1605
notify, by certified mail, each member of the board of supervisors 1606
of the county in which the violation center shall be located of 1607
the department's intent to convert an existing department facility 1608
to a technical violation center. 1609
(5) The department shall establish rules and regulations for 1610
the implementation and operation of the technical violation 1611
centers. 1612
(6) The Department of Corrections shall provide to the 1613
Oversight Task Force semiannually the average daily population of 1614
the technical violation centers, the number of admissions to the 1615
technical violation centers, and the average time served in the 1616
technical violation centers. 1617
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SECTION 30. Section 47-7-39, Mississippi Code of 1972, is 1618
brought forward as follows: 1619
47-7-39. If, for good and sufficient reasons, a probationer 1620
desires to change his residence within or without the state, such 1621
transfer may be effected by application to his field supervisor 1622
which transfer shall be subject to the court's consent and subject 1623
to such regulations as the court, or judge, may require. 1624
SECTION 31. Section 47-7-40, Mississippi Code of 1972, is 1625
brought forward as follows: 1626
47-7-40. (1) The commissioner shall establish rules and 1627
regulations for implementing the earned-discharge program that 1628
allows offenders on probation and parole to reduce the period of 1629
supervision for complying with conditions of probation. The 1630
department shall have the authority to award earned-discharge 1631
credits to all offenders placed on probation, parole, or 1632
post-release supervision who are in compliance with the terms and 1633
conditions of supervision. An offender serving a Mississippi 1634
sentence for an eligible offense in any jurisdiction under the 1635
Interstate Compact for Adult Offender Supervision shall be 1636
eligible for earned-discharge credits under this section. 1637
Offenders shall not be denied earned-discharge credits solely 1638
based on nonpayment of fees or fines if a hardship waiver has been 1639
granted as provided in Section 47-7-49. 1640
(2) For each full calendar month of compliance with the 1641
conditions of supervision, earned-discharge credits equal to the 1642
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number of days in that month shall be deducted from the offender's 1643
sentence discharge date. Credits begin to accrue for eligible 1644
offenders after the first full calendar month of compliance 1645
supervision conditions. For the purposes of this section, an 1646
offender is deemed to be in compliance with the conditions of 1647
supervision if there was no violation of the conditions of 1648
supervision. 1649
(3) No earned-discharge credits may accrue for a calendar 1650
month in which a violation report has been submitted, the offender 1651
has absconded from supervision, the offender is serving a term of 1652
imprisonment in a technical violation center, or for the months 1653
between the submission of the violation report and the final 1654
action on the violation report by the court or the board. 1655
(4) Earned-discharge credits shall be applied to the 1656
sentence within thirty (30) days of the end of the month in which 1657
the credits were earned. At least every six (6) months, an 1658
offender who is serving a sentence eligible for earned-discharge 1659
credits shall be notified of the current sentence discharge date. 1660
(5) Once the combination of time served on probation, parole 1661
or post-release supervision, and earned-discharge credits satisfy 1662
the term of probation, parole, or post-release supervision, the 1663
board or sentencing court shall order final discharge of the 1664
offender. No less than sixty (60) days prior to the date of final 1665
discharge, the department shall notify the sentencing court and 1666
the board of the impending discharge. 1667
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(6) The department shall provide semiannually to the 1668
Oversight Task Force the number and percentage of offenders who 1669
qualify for earned discharge in one or more months of the year and 1670
the average amount of credits earned within the year. 1671
SECTION 32. Section 47-7-41, Mississippi Code of 1972, is 1672
brought forward as follows: 1673
47-7-41. When a probationer shall be discharged from 1674
probation by the court of original jurisdiction, the field 1675
supervisor, upon receiving a written request from the probationer, 1676
shall forward a written report of the record of the probationer to 1677
the Division of Community Corrections of the department, which 1678
shall present a copy of this report to the Governor. The Governor 1679
may, in his discretion, at any time thereafter by appropriate 1680
executive order restore any civil rights lost by the probationer 1681
by virtue of his conviction or plea of guilty in the court of 1682
original jurisdiction. 1683
SECTION 33. Section 47-7-43, Mississippi Code of 1972, is 1684
brought forward as follows: 1685
47-7-43. The provisions of this chapter are hereby extended 1686
to all persons who, at the effective date thereof, may be on 1687
parole, or eligible to be placed on parole under existing laws, 1688
with the same force and effect as if this chapter had been in 1689
operation at the time such persons were placed on parole or become 1690
eligible to be placed thereon, as the case may be. 1691
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SECTION 34. Section 47-7-45, Mississippi Code of 1972, is 1692
brought forward as follows: 1693
47-7-45. The provisions of this chapter shall not apply to 1694
probation under the Youth Court Law nor to parole from the Oakley 1695
Youth Development Center. 1696
SECTION 35. Section 47-7-47, Mississippi Code of 1972, is 1697
brought forward as follows: 1698
47-7-47. (1) The judge of any circuit court may place an 1699
offender on a program of earned probation, in an intensive 1700
supervision program or any intervention court authorized by law 1701
after a period of confinement as set out herein and the judge may 1702
seek the advice of the commissioner and shall direct that the 1703
defendant be under the supervision of the department. 1704
(2) (a) Any circuit court or county court may, upon its own 1705
motion, acting upon the advice and consent of the commissioner not 1706
earlier than thirty (30) days nor later than three (3) years after 1707
the defendant has been delivered to the custody of the department, 1708
incarcerated by order of the court or otherwise sentenced, modify, 1709
alter or suspend the further execution of the sentence and place 1710
the defendant on earned probation, in an intensive supervision 1711
program or any intervention court authorized by law except when a 1712
death sentence or life imprisonment is the maximum penalty which 1713
may be imposed or if the defendant has been confined two (2) or 1714
more times for the conviction of a felony on a previous occasion 1715
in any court or courts of the United States and of any state or 1716
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territories thereof or has been convicted of a felony involving 1717
the use of a deadly weapon. 1718
(b) The authority granted in this subsection shall be 1719
exercised by the judge who imposed sentence on the defendant, or 1720
his successor. 1721
(c) The time limit imposed by paragraph (a) of this 1722
subsection is not applicable to those defendants sentenced to the 1723
custody of the department prior to April 14, 1977. Persons who 1724
are convicted of crimes that carry mandatory sentences shall not 1725
be eligible for earned probation. 1726
(3) When any circuit or county court places an offender on 1727
earned probation, the court shall give notice to the Mississippi 1728
Department of Corrections within fifteen (15) days of the court's 1729
decision to place the offender on earned probation. Notice shall 1730
be delivered to the central office of the Mississippi Department 1731
of Corrections and to the regional office of the department which 1732
will be providing supervision to the offender on earned probation. 1733
(4) If the court places any person on probation or earned 1734
probation, the court may order the person, as a condition of 1735
probation, to a period of confinement and treatment at a private 1736
or public agency or institution, either within or without the 1737
state, which treats emotional, mental or drug-related problems. 1738
Any person who, as a condition of probation, is confined for 1739
treatment at an out-of-state facility shall be supervised pursuant 1740
to Section 47-7-71, and any person confined at a private agency 1741
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shall not be confined at public expense. Time served in any such 1742
agency or institution may be counted as time required to meet the 1743
criteria of subsection (2)(a). 1744
(5) If the court places any person on probation or earned 1745
probation, the court may order the person to make appropriate 1746
restitution to any victim of his crime or to society through the 1747
performance of reasonable work for the benefit of the community. 1748
(6) If the court places any person on probation or earned 1749
probation, the court may order the person, as a condition of 1750
probation, to submit, as provided in Section 47-5-601, to any type 1751
of breath, saliva or urine chemical analysis test, the purpose of 1752
which is to detect the possible presence of alcohol or a substance 1753
prohibited or controlled by any law of the State of Mississippi or 1754
the United States. 1755
SECTION 36. Section 47-7-49, Mississippi Code of 1972, is 1756
brought forward as follows: 1757
47-7-49. (1) Any offender on probation, parole, 1758
earned-release supervision, post-release supervision, earned 1759
probation or any other offender under the field supervision of the 1760
Community Services Division of the department shall pay to the 1761
department the sum of Fifty-five Dollars ($55.00) per month by 1762
certified check or money order unless a hardship waiver is 1763
granted. An offender shall make the initial payment within sixty 1764
(60) days after being released from imprisonment unless a hardship 1765
waiver is granted. A hardship waiver may be granted by the 1766
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sentencing court or the Department of Corrections. A hardship 1767
waiver may not be granted for a period of time exceeding ninety 1768
(90) days. The commissioner or his designee shall deposit Fifty 1769
Dollars ($50.00) of each payment received into a special fund in 1770
the State Treasury, which is hereby created, to be known as the 1771
Community Service Revolving Fund. Expenditures from this fund 1772
shall be made for: (a) the establishment of restitution and 1773
satellite centers; and (b) the establishment, administration and 1774
operation of the department's Drug Identification Program and the 1775
intensive and field supervision program. The Fifty Dollars 1776
($50.00) may be used for salaries and to purchase equipment, 1777
supplies and vehicles to be used by the Community Services 1778
Division in the performance of its duties. Expenditures for the 1779
purposes established in this section may be made from the fund 1780
upon requisition by the commissioner, or his designee. 1781
Of the remaining amount, Three Dollars ($3.00) of each 1782
payment shall be deposited into the Crime Victims' Compensation 1783
Fund created in Section 99-41-29, and Two Dollars ($2.00) shall be 1784
deposited into the Training Revolving Fund created pursuant to 1785
Section 47-7-51. When a person is convicted of a felony in this 1786
state, in addition to any other sentence it may impose, the court 1787
may, in its discretion, order the offender to pay a state 1788
assessment not to exceed the greater of One Thousand Dollars 1789
($1,000.00) or the maximum fine that may be imposed for the 1790
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offense, into the Crime Victims' Compensation Fund created 1791
pursuant to Section 99-41-29. 1792
Any federal funds made available to the department for 1793
training or for training facilities, equipment or services shall 1794
be deposited into the Correctional Training Revolving Fund created 1795
in Section 47-7-51. The funds deposited in this account shall be 1796
used to support an expansion of the department's training program 1797
to include the renovation of facilities for training purposes, 1798
purchase of equipment and contracting of training services with 1799
community colleges in the state. 1800
No offender shall be required to make this payment for a 1801
period of time longer than ten (10) years. 1802
(2) The offender may be imprisoned until the payments are 1803
made if the offender is financially able to make the payments and 1804
the court in the county where the offender resides so finds, 1805
subject to the limitations hereinafter set out. The offender 1806
shall not be imprisoned if the offender is financially unable to 1807
make the payments and so states to the court in writing, under 1808
oath, and the court so finds. 1809
(3) An offender's responsibilities under this section may be 1810
satisfied by an offender's employer under Section 47-7-36.1(2). 1811
(4) This section shall stand repealed from and after June 1812
30, 2026. 1813
SECTION 37. Section 47-7-51, Mississippi Code of 1972, is 1814
brought forward as follows: 1815
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47-7-51. (1) There is hereby created in the State Treasury 1816
a special fund, which shall be known as the Correctional Training 1817
Revolving Fund. This fund shall be used to develop and implement 1818
the comprehensive correction training program authorized in 1819
Chapter 509, Laws of 1990. These funds may be used to construct 1820
and renovate training facilities, purchase training equipment for 1821
the hiring of instructors, and to pay operating expenses to 1822
accomplish and fulfill the purposes of the training program. 1823
(2) The Commissioner of Corrections shall establish 1824
guidelines for the use and accountability of such funds. 1825
SECTION 38. Section 47-7-53, Mississippi Code of 1972, is 1826
brought forward as follows: 1827
47-7-53. If the Parole Board is abolished, the Department of 1828
Corrections shall assume and exercise all the duties, powers and 1829
responsibilities of the State Parole Board. The Commissioner of 1830
Corrections may assign to the appropriate officers and divisions 1831
any powers and duties deemed appropriate to carry out the duties 1832
and powers of the Parole Board. Wherever the terms "State Parole 1833
Board" or "Parole Board" appear in any state law, they shall mean 1834
the Department of Corrections. 1835
SECTION 39. Section 47-7-55, Mississippi Code of 1972, is 1836
brought forward as follows: 1837
47-7-55. (1) There is hereby created a joint committee of 1838
the Senate and House of Representatives to be known as the Parole 1839
Commission, hereinafter referred to as the "commission." The 1840
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commission shall study and make recommendations to the Legislature 1841
related to the abolition of parole, the complete and thorough 1842
classification of inmates prior to sentencing and sentencing 1843
standards. 1844
(2) The commission shall consist of the following members: 1845
(a) Three (3) members of the House Judiciary "B" 1846
Committee and three (3) members of the House Penitentiary 1847
Committee appointed by the Speaker. 1848
(b) Three (3) members of the Senate Corrections 1849
Committee and three (3) members of the Senate Judiciary Committee 1850
appointed by the Lieutenant Governor. 1851
(3) The Chairman of the Senate Corrections Committee and the 1852
Chairman of the House Penitentiary Committee shall serve as 1853
cochair of the commission. 1854
(4) The commission shall submit its findings and 1855
recommendations to the Legislature no later than January 2, 1996. 1856
(5) For attending meetings of the commission, members of the 1857
commission shall receive per diem as provided by Section 25-3-69, 1858
and reimbursement of expenses as provided by Section 5-1-47. The 1859
members of the commission shall obtain the approval of the 1860
Management Committee of the House of Representatives and the 1861
Contingent Expense Committee of the Senate for per diem and travel 1862
expense expenditures of the commission. The members of the 1863
commission shall not receive per diem or expenses while the 1864
Legislature is in session. All expenses incurred by and on behalf 1865
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of the commission shall be paid from the contingency funds of the 1866
Senate and the House of Representatives. 1867
(6) In conducting its activities pursuant to this section, 1868
the commission may elicit the support of and participation by 1869
federal, state and local agencies and interested associations, 1870
organizations and individuals. The commission may appoint an 1871
advisory committee whose members shall serve without compensation. 1872
The advisory committee may consist of judges, prosecuting 1873
attorneys, defense attorneys, medical professionals, correctional 1874
personnel and any other individual or groups that the commission 1875
desires to place on the advisory committee. 1876
SECTION 40. Section 47-5-28, Mississippi Code of 1972, is 1877
brought forward as follows: 1878
47-5-28. The commissioner shall have the following powers 1879
and duties: 1880
(a) To implement and administer laws and policy 1881
relating to corrections and coordinate the efforts of the 1882
department with those of the federal government and other state 1883
departments and agencies, county governments, municipal 1884
governments, and private agencies concerned with providing 1885
offender services; 1886
(b) To establish standards, in cooperation with other 1887
state agencies having responsibility as provided by law, provide 1888
technical assistance, and exercise the requisite supervision as it 1889
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relates to correctional programs over all state-supported adult 1890
correctional facilities and community-based programs; 1891
(c) To promulgate and publish such rules, regulations 1892
and policies of the department as are needed for the efficient 1893
government and maintenance of all facilities and programs in 1894
accord insofar as possible with currently accepted standards of 1895
adult offender care and treatment; 1896
(d) To provide the Parole Board with suitable and 1897
sufficient office space and support resources and staff necessary 1898
to conduct Parole Board business under the guidance of the 1899
Chairman of the Parole Board; 1900
(e) To contract for transitional reentry center beds 1901
that will be used as noncorrections housing for offenders released 1902
from the department on parole, probation or post-release 1903
supervision but do not have appropriate housing available upon 1904
release. At least one hundred (100) but no more than eight 1905
hundred (800) transitional reentry center beds contracted by the 1906
department and chosen by the Parole Board shall be available for 1907
the Parole Board to place parolees without appropriate housing; 1908
(f) To designate deputy commissioners while performing 1909
their officially assigned duties relating to the custody, control, 1910
transportation, recapture or arrest of any offender within the 1911
jurisdiction of the department or any offender of any jail, 1912
penitentiary, public workhouse or overnight lockup of the state or 1913
any political subdivision thereof not within the jurisdiction of 1914
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the department, to the status of peace officers anywhere in the 1915
state in any matter relating to the custody, control, 1916
transportation or recapture of such offender, and shall have the 1917
status of law enforcement officers and peace officers as 1918
contemplated by Sections 45-6-3, 97-3-7 and 97-3-19. 1919
For the purpose of administration and enforcement of this 1920
chapter, deputy commissioners of the Mississippi Department of 1921
Corrections, who are certified by the Mississippi Board on Law 1922
Enforcement Officer Standards and Training, have the powers of a 1923
law enforcement officer of this state. Such powers shall include 1924
to make arrests and to serve and execute search warrants and other 1925
valid legal process anywhere within the State of Mississippi while 1926
performing their officially assigned duties relating to the 1927
custody, control, transportation, recapture or arrest of any 1928
offender within the jurisdiction of the department or any offender 1929
of any jail, penitentiary, public workhouse or overnight lockup of 1930
the state or any political subdivision thereof not within the 1931
jurisdiction of the department in any matter relating to the 1932
custody, control, transportation or recapture of such offender; 1933
(g) To make an annual report to the Governor and the 1934
Legislature reflecting the activities of the department and make 1935
recommendations for improvement of the services to be performed by 1936
the department; 1937
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(h) To cooperate fully with periodic independent 1938
internal investigations of the department and to file the report 1939
with the Governor and the Legislature; 1940
(i) To contract with licensed special care facilities 1941
for paroled inmates to provide authorized medical services and 1942
support services for medically frail inmates who have been paroled 1943
and who have voluntary submitted to the Department of Corrections 1944
an address to one of the licensed care facilities to receive such 1945
services; and 1946
(j) To perform such other duties necessary to 1947
effectively and efficiently carry out the purposes of the 1948
department as may be directed by the Governor. 1949
SECTION 41. Section 47-5-158, Mississippi Code of 1972, is 1950
brought forward as follows: 1951
47-5-158. (1) The department is authorized to maintain a 1952
bank account which shall be designated as the Inmate Welfare Fund. 1953
All monies now held in a similar fund or in a bank account or 1954
accounts for the benefit and welfare of inmates shall be deposited 1955
into the Inmate Welfare Fund. This fund shall be used for the 1956
benefit and welfare of inmates in the custody of the department 1957
and shall be expended in accordance with any provisions or 1958
restrictions in the regulations promulgated under subsection (7) 1959
of this section. 1960
(2) There shall be deposited into the Inmate Welfare Fund 1961
interest previously earned on inmate deposits, all net profits 1962
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from the operation of inmate canteens, performances of the 1963
Penitentiary band, interest earned on the Inmate Welfare Fund and 1964
other revenues designated by the commissioner. All monies shall 1965
be deposited into the Inmate Welfare Fund as provided in Section 1966
7-9-21. 1967
(3) All inmate telephone call commissions shall be paid to 1968
the department. Monies in the fund may be expended by the 1969
department, upon requisition by the commissioner or his designee, 1970
only for the purposes established in this subsection. 1971
(a) Twenty-five percent (25%) of the inmate telephone 1972
call commissions shall be used to purchase and maintain 1973
telecommunication equipment to be used by the department. 1974
(b) Until July 1, 2008, twenty-five percent (25%) of 1975
the inmate telephone call commissions shall be deposited into the 1976
Prison Agricultural Enterprise Fund. Beginning on July 1, 2008, 1977
thirty-five percent (35%) of the inmate telephone call commissions 1978
shall be deposited into the Prison Agricultural Enterprise Fund. 1979
The department may use these funds to supplement the Prison 1980
Agricultural Enterprise Fund created in Section 47-5-66. 1981
(c) Forty percent (40%) of the inmate telephone call 1982
commissions shall be deposited into the Inmate Welfare Fund. 1983
(4) The commissioner may invest in the manner authorized by 1984
law any money in the Inmate Welfare Fund that is not necessary for 1985
immediate use, and the interest earned shall be deposited in the 1986
Inmate Welfare Fund. 1987
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(5) The Deputy Commissioner for Administration and Finance 1988
shall establish and implement internal accounting controls for the 1989
Inmate Welfare Fund that comply with generally accepted accounting 1990
principles and regulations of the Department of Finance and 1991
Administration. The Deputy Commissioner for Administration and 1992
Finance shall prepare and issue quarterly consolidated and 1993
individual facility financial statements to the prison auditor of 1994
the Joint Legislative Committee on Performance Evaluation and 1995
Expenditure Review. The deputy commissioner shall prepare an 1996
annual report which shall include a summary of expenditures from 1997
the fund by major categories and by individual facility. This 1998
annual report shall be sent to the prison auditor, the Legislative 1999
Budget Office, the Chairman of the Corrections Committee of the 2000
Senate, and the Chairman of the Corrections Committee of the House 2001
of Representatives. 2002
(6) (a) A portion of the Inmate Welfare Fund shall be 2003
deposited in the Discharged Offenders Revolving Fund, as created 2004
under Section 47-5-155, in amounts necessary to provide a balance 2005
not to exceed One Hundred Thousand Dollars ($100,000.00) in the 2006
Discharged Offenders Revolving Fund, and shall be used to 2007
supplement those amounts paid to discharged, paroled or pardoned 2008
offenders from the department. The superintendent of the Parchman 2009
facility shall establish equitable criteria for the making of 2010
supplemental payments which shall not exceed Two Hundred Dollars 2011
($200.00) for any offender. The supplemental payments shall be 2012
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subject to the approval of the commissioner. The State Treasurer 2013
shall not be required to replenish the Discharged Offenders 2014
Revolving Fund for the supplemental payments made to discharged, 2015
paroled or pardoned offenders. 2016
(b) A portion of the Inmate Welfare Fund shall be 2017
deposited into the Inmate Incentive to Work Program Fund, as 2018
created under Section 47-5-371, in amounts necessary to provide a 2019
balance not to exceed One Million Dollars ($1,000,000.00) in the 2020
fund. Such fund shall be utilized to pay inmates who are 2021
participants in the Inmate Incentive to Work Program as created 2022
under Section 47-5-371. 2023
(7) (a) The Inmate Welfare Fund Committee is hereby created 2024
and shall be composed of nine (9) members: The Deputy 2025
Commissioner for Community Corrections, the Deputy Commissioner of 2026
Institutions, the Superintendent of the Parchman facility, the 2027
Superintendent of the Rankin County facility, the Superintendent 2028
of the Greene County facility, the State Treasurer, the State 2029
Auditor, and two (2) members to be appointed by the Commissioner 2030
of Corrections, one (1) of whom must have a relative incarcerated 2031
by the department at the time of appointment and shall be a 2032
representative of inmate families. The commissioner shall appoint 2033
the chairman of the committee. The committee shall administer and 2034
supervise the operations and expenditures from the Inmate Welfare 2035
Fund and shall maintain an official minute book upon which shall 2036
be spread its authorization and approval for all such 2037
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expenditures. The committee shall promulgate regulations 2038
governing the use and expenditures of the fund. 2039
(b) Regulations adopted shall set out what types of 2040
items shall be allowable purchases, and in all cases, the minutes 2041
of the committee shall explain which regulation permits any 2042
purchase it approves. Additionally, regulations of the committee 2043
shall prescribe the number of members necessary to constitute a 2044
quorum, minimum attendance requirements for a member to retain a 2045
seat on the committee, and a mission statement for the committee. 2046
(c) The committee shall conduct an annual needs 2047
assessment to determine what types of items should be purchased 2048
for the benefit of inmates. The needs assessments shall be 2049
conducted with the assistance of the department personnel, inmates 2050
and the families of inmates. 2051
(d) The committee shall evaluate the proposals of 2052
interested third parties for the administration of inmate canteen 2053
services as provided in Section 47-5-109.1. 2054
(e) The committee shall expend necessary funds to 2055
assist parole eligible inmates who have been diagnosed with a 2056
mental illness while housed within a state correctional facility 2057
so that such inmates may receive outpatient services and 2058
community-based services to treat the mental illness of such 2059
inmates. 2060
(8) The Department of Audit shall conduct an annual 2061
comprehensive special audit of the committee's use of the Inmate 2062
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Welfare Fund. The department shall incorporate in its special 2063
audit report any recommendations it has concerning the financial 2064
and management control practices of the committee. The department 2065
shall report its findings and recommendations to the Chairmen of 2066
the Senate and House Corrections Committees. 2067
SECTION 42. Section 47-5-931, Mississippi Code of 1972, is 2068
brought forward as follows: 2069
47-5-931. (1) (a) The Department of Corrections, in its 2070
discretion, may contract with the board of supervisors of one or 2071
more counties or with a regional facility operated by one or more 2072
counties, to provide for housing, care and control of offenders 2073
who are in the custody of the State of Mississippi. Any facility 2074
owned or leased by a county or counties for this purpose shall be 2075
designed, constructed, operated and maintained in accordance with 2076
American Correctional Association standards, and shall comply with 2077
all constitutional standards of the United States and the State of 2078
Mississippi, and with all court orders that may now or hereinafter 2079
be applicable to the facility. If the Department of Corrections 2080
contracts with more than one (1) county to house state offenders 2081
in county correctional facilities, excluding a regional facility, 2082
then the first of such facilities shall be constructed in Sharkey 2083
County and the second of such facilities shall be constructed in 2084
Jefferson County. 2085
(b) In addition to the authority granted under this 2086
subsection, the Department of Corrections may contract with 2087
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Forrest County and Wayne County to provide for the housing, care 2088
and control of offenders who are in the custody of the State of 2089
Mississippi. 2090
(2) The Department of Corrections shall contract with the 2091
board of supervisors of the following counties to house state 2092
inmates in regional facilities: (a) Marion and Walthall Counties; 2093
(b) Carroll and Montgomery Counties; (c) Stone and Pearl River 2094
Counties; (d) Winston and Choctaw Counties; (e) Kemper and Neshoba 2095
Counties; (f) Alcorn County and any contiguous county in which 2096
there is located an unapproved jail; (g) Yazoo County and any 2097
contiguous county in which there is located an unapproved jail; 2098
(h) Chickasaw County and any contiguous county in which there is 2099
located an unapproved jail; (i) George and Greene Counties and any 2100
contiguous county in which there is located an unapproved jail; 2101
(j) Washington County and any contiguous county in which there is 2102
located an unapproved jail; (k) Hinds County and any contiguous 2103
county in which there is located an unapproved jail; (l) Leake 2104
County and any contiguous county in which there is located an 2105
unapproved jail; (m) Issaquena County and any contiguous county in 2106
which there is located an unapproved jail; (n) Jefferson County 2107
and any contiguous county in which there is located an unapproved 2108
jail; (o) Franklin County and any contiguous county in which there 2109
is located an unapproved jail; (p) Holmes County and any 2110
contiguous county in which there is located an unapproved jail; 2111
and (q) Bolivar County and any contiguous county in which there is 2112
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located an unapproved jail. The Department of Corrections shall 2113
decide the order of priority of the counties listed in this 2114
subsection with which it will contract for the housing of state 2115
inmates. For the purposes of this subsection, the term 2116
"unapproved jail" means any jail that the local grand jury 2117
determines should be condemned or has found to be of substandard 2118
condition or in need of substantial repair or reconstruction. 2119
(3) In addition to the offenders authorized to be housed 2120
under subsection (1) of this section, the Department of 2121
Corrections may contract with any regional facility to provide for 2122
housing, care and control of not more than seventy-five (75) 2123
additional offenders who are in the custody of the State of 2124
Mississippi. 2125
(4) The Governor and the Commissioner of Corrections are 2126
authorized to increase administratively the number of offenders 2127
who are in the custody of the State of Mississippi that can be 2128
placed in regional correctional facilities. 2129
SECTION 43. Section 47-5-933, Mississippi Code of 1972, is 2130
brought forward as follows: 2131
47-5-933. The Department of Corrections may contract for the 2132
purposes set out in Section 47-5-931 for a period of not more than 2133
twenty (20) years. The contract may provide that the Department 2134
of Corrections pay a fee of no more than Thirty-two Dollars and 2135
Seventy-one Cents ($32.71) per day for each offender that is 2136
housed in the facility. The Department of Corrections may include 2137
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in the contract, as an inflation factor, a three percent (3%) 2138
annual increase in the contract price. The state shall retain 2139
responsibility for medical care for state offenders to the extent 2140
that is required by law; provided, however, the department may 2141
reimburse each facility for contract medical services as provided 2142
by law in an amount not to exceed Six Dollars and Twenty-five 2143
Cents ($6.25) per day per offender. 2144
SECTION 44. Section 47-5-938, Mississippi Code of 1972, is 2145
brought forward as follows: 2146
47-5-938. (1) Offenders are encouraged to participate in 2147
work programs. The chief corrections officer as created in 2148
Section 47-5-935, with ratification of the board of supervisors of 2149
the county in which a correctional facility established pursuant 2150
to Sections 47-5-931 through 47-5-941, is located, may enter into 2151
agreements to provide work for any state offender housed in the 2152
facility, with the approval of the Commissioner of Corrections, to 2153
perform any work: 2154
(a) Authorized in the Mississippi Prison Industries Act 2155
of 1990 as provided in Sections 47-5-531 through 47-5-575; 2156
(b) Authorized in the Prison Agricultural Enterprises 2157
Act as provided in Sections 47-5-351 through 47-5-357; 2158
(c) Authorized in the Penitentiary-Made Goods Law of 2159
1978 as provided in Sections 47-5-301 through 47-5-331; 2160
(d) Authorized in the Public Service Work Programs Act 2161
as provided in Sections 47-5-401 through 47-5-421; 2162
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(e) Authorized in Section 47-5-431, which authorizes 2163
the sheriff to use county or state offenders to pick up trash 2164
along public roads and state highways. 2165
(2) The chief corrections officer shall promulgate rules and 2166
regulations as may be necessary to govern the work performance of 2167
the offenders for the parties to the agreements. Political 2168
subdivisions of the State of Mississippi including but not limited 2169
to counties, municipalities, school districts, drainage districts, 2170
water management districts and joint county-municipal endeavors 2171
are to have free use of the offender's labor but are responsible 2172
for reimbursing the facility for costs of transportation, guards, 2173
meals and other necessary costs when the inmates are providing 2174
work for that political body. Offenders may be compensated for 2175
work performed if the agreement so provides. 2176
(3) There is created a special fund in the county treasury 2177
to be known as the "offender's compensation fund." All 2178
compensation paid to offenders shall be placed in the special fund 2179
for use by the offenders to purchase certain goods and other items 2180
of value as authorized in Section 47-5-109, for offenders housed 2181
in state correctional facilities. As provided in Section 2182
47-5-194, no cash is to be paid to offenders. The agreement shall 2183
provide that a certain portion of the compensation shall be used 2184
for the welfare of the offenders. All money collected from the 2185
regional jail canteen operations shall be placed in a county 2186
special fund. Expenditures from that fund can be made by the 2187
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chief corrections officer for any lawful purpose that is in the 2188
best interest and welfare of the offenders. The chief corrections 2189
officer, his employees and the county or counties owning the 2190
facility are given the authority necessary to carry out the 2191
provisions of this section. 2192
(4) The provisions of this section shall be supplemental to 2193
any other provisions of law regarding offender labor and work 2194
programs. 2195
SECTION 45. Section 45-1-3, Mississippi Code of 1972, is 2196
brought forward as follows: 2197
45-1-3. (1) When not otherwise specifically provided, the 2198
commissioner is authorized to make and promulgate reasonable rules 2199
and regulations to be coordinated, and carry out the general 2200
provisions of the Highway Safety Patrol and Driver's License Law 2201
of 1938. 2202
(2) The commissioner shall have the authority to administer 2203
oaths. 2204
(3) Notwithstanding any other provision of law, with written 2205
approval from the Executive Director of the Department of Finance 2206
and Administration, the commissioner may enter into a lease or 2207
sublease agreement for space in the Department of Public Safety 2208
headquarters building with a third party for the purpose of 2209
providing services and assistance to the department and its 2210
employees. The proceeds received from the lease under this 2211
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subsection shall be paid to the State Treasurer for deposit into 2212
the General Fund. 2213
SECTION 46. Section 9-23-11, Mississippi Code of 1972, is 2214
brought forward as follows: 2215
9-23-11. (1) The Administrative Office of Courts shall 2216
establish, implement and operate a uniform certification process 2217
for all intervention courts and other problem-solving courts 2218
including juvenile courts, veterans courts or any other court 2219
designed to adjudicate criminal actions involving an identified 2220
classification of criminal defendant to ensure funding for 2221
intervention courts supports effective and proven practices that 2222
reduce recidivism and substance dependency among their 2223
participants. 2224
(2) The Administrative Office of Courts shall establish a 2225
certification process that ensures any new or existing 2226
intervention court meets minimum standards for intervention court 2227
operation. 2228
(a) These standards shall include, but are not limited 2229
to: 2230
(i) The use of evidence-based practices including, 2231
but not limited to, the use of a valid and reliable risk and needs 2232
assessment tool to identify participants and deliver appropriate 2233
interventions; 2234
(ii) Targeting medium to high-risk offenders for 2235
participation; 2236
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(iii) The use of current, evidence-based 2237
interventions proven to reduce dependency on drugs or alcohol, or 2238
both; 2239
(iv) Frequent testing for alcohol or drugs; 2240
(v) Coordinated strategy between all intervention 2241
court program personnel involving the use of graduated clinical 2242
interventions; 2243
(vi) Ongoing judicial interaction with each 2244
participant; and 2245
(vii) Monitoring and evaluation of intervention 2246
court program implementation and outcomes through data collection 2247
and reporting. 2248
(b) Intervention court certification applications shall 2249
include: 2250
(i) A description of the need for the intervention 2251
court; 2252
(ii) The targeted population for the intervention 2253
court; 2254
(iii) The eligibility criteria for intervention 2255
court participants; 2256
(iv) A description of the process for identifying 2257
appropriate participants including the use of a risk and needs 2258
assessment and a clinical assessment; 2259
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(v) A description of the intervention court 2260
intervention components, including anticipated budget and 2261
implementation plan; 2262
(vi) The data collection plan which shall include 2263
collecting the following data: 2264
1. Total number of participants; 2265
2. Total number of successful participants; 2266
3. Total number of unsuccessful participants 2267
and the reason why each participant did not complete the program; 2268
4. Total number of participants who were 2269
arrested for a new criminal offense while in the intervention 2270
court program; 2271
5. Total number of participants who were 2272
convicted of a new felony or misdemeanor offense while in the 2273
intervention court program; 2274
6. Total number of participants who committed 2275
at least one (1) violation while in the intervention court program 2276
and the resulting sanction(s); 2277
7. Results of the initial risk and needs 2278
assessment or other clinical assessment conducted on each 2279
participant; and 2280
8. Total number of applications for screening 2281
by race, gender, offenses charged, indigence and, if not accepted, 2282
the reason for nonacceptance; and 2283
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9. Any other data or information as required 2284
by the Administrative Office of Courts. 2285
(c) Every intervention court shall be certified under 2286
the following schedule: 2287
(i) An intervention court application submitted 2288
after July 1, 2014, shall require certification of the 2289
intervention court based on the proposed drug court plan. 2290
(ii) An intervention court initially established 2291
and certified after July 1, 2014, shall be recertified after its 2292
second year of funded operation on a time frame consistent with 2293
the other certified courts of its type. 2294
(iii) A certified adult felony intervention court 2295
in existence on December 31, 2018, must submit a recertification 2296
petition by July 1, 2019, and be recertified under the 2297
requirements of this section on or before December 31, 2019; after 2298
the recertification, all certified adult felony intervention 2299
courts must submit a recertification petition every two (2) years 2300
to the Administrative Office of Courts. The recertification 2301
process must be completed by December 31st of every odd calendar 2302
year. 2303
(iv) A certified youth, family, misdemeanor or 2304
chancery intervention court in existence on December 31, 2018, 2305
must submit a recertification petition by July 31, 2020, and be 2306
recertified under the requirements of this section by December 31, 2307
2020. After the recertification, all certified youth, family, 2308
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misdemeanor and chancery intervention courts must submit a 2309
recertification petition every two (2) years to the Administrative 2310
Office of Courts. The recertification process must be completed 2311
by December 31st of every even calendar year. 2312
(3) All certified intervention courts shall measure 2313
successful completion of the drug court based on those 2314
participants who complete the program without a new criminal 2315
conviction. 2316
(4) (a) All certified drug courts must collect and submit 2317
to the Administrative Office of Courts each month, the following 2318
data: 2319
(i) Total number of participants at the beginning 2320
of the month; 2321
(ii) Total number of participants at the end of 2322
the month; 2323
(iii) Total number of participants who began the 2324
program in the month; 2325
(iv) Total number of participants who successfully 2326
completed the intervention court in the month; 2327
(v) Total number of participants who left the 2328
program in the month; 2329
(vi) Total number of participants who were 2330
arrested for a new criminal offense while in the intervention 2331
court program in the month; 2332
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(vii) Total number of participants who were 2333
convicted for a new criminal arrest while in the intervention 2334
court program in the month; and 2335
(viii) Total number of participants who committed 2336
at least one (1) violation while in the intervention court program 2337
and any resulting sanction(s). 2338
(b) By August 1, 2015, and each year thereafter, the 2339
Administrative Office of Courts shall report to the PEER Committee 2340
the information in subsection (4)(a) of this section in a 2341
sortable, electronic format. 2342
(5) All certified intervention courts may individually 2343
establish rules and may make special orders and rules as necessary 2344
that do not conflict with the rules promulgated by the Supreme 2345
Court or the Administrative Office of Courts. 2346
(6) A certified intervention court may appoint the full- or 2347
part-time employees it deems necessary for the work of the 2348
intervention court and shall fix the compensation of those 2349
employees. Such employees shall serve at the will and pleasure of 2350
the judge or the judge's designee. 2351
(7) The Administrative Office of Courts shall promulgate 2352
rules and regulations to carry out the certification and 2353
re-certification process and make any other policies not 2354
inconsistent with this section to carry out this process. 2355
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(8) A certified intervention court established under this 2356
chapter is subject to the regulatory powers of the Administrative 2357
Office of Courts as set forth in Section 9-23-17. 2358
SECTION 47. Section 99-39-5, Mississippi Code of 1972, is 2359
brought forward as follows: 2360
99-39-5. (1) Any person sentenced by a court of record of 2361
the State of Mississippi, including a person currently 2362
incarcerated, civilly committed, on parole or probation or subject 2363
to sex offender registration for the period of the registration or 2364
for the first five (5) years of the registration, whichever is the 2365
shorter period, may file a motion to vacate, set aside or correct 2366
the judgment or sentence, a motion to request forensic DNA testing 2367
of biological evidence, or a motion for an out-of-time appeal if 2368
the person claims: 2369
(a) That the conviction or the sentence was imposed in 2370
violation of the Constitution of the United States or the 2371
Constitution or laws of Mississippi; 2372
(b) That the trial court was without jurisdiction to 2373
impose sentence; 2374
(c) That the statute under which the conviction and/or 2375
sentence was obtained is unconstitutional; 2376
(d) That the sentence exceeds the maximum authorized by 2377
law; 2378
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(e) That there exists evidence of material facts, not 2379
previously presented and heard, that requires vacation of the 2380
conviction or sentence in the interest of justice; 2381
(f) That there exists biological evidence secured in 2382
relation to the investigation or prosecution attendant to the 2383
petitioner's conviction not tested, or, if previously tested, that 2384
can be subjected to additional DNA testing, that would provide a 2385
reasonable likelihood of more probative results, and that testing 2386
would demonstrate by reasonable probability that the petitioner 2387
would not have been convicted or would have received a lesser 2388
sentence if favorable results had been obtained through such 2389
forensic DNA testing at the time of the original prosecution. 2390
(g) That his plea was made involuntarily; 2391
(h) That his sentence has expired; his probation, 2392
parole or conditional release unlawfully revoked; or he is 2393
otherwise unlawfully held in custody; 2394
(i) That he is entitled to an out-of-time appeal; or 2395
(j) That the conviction or sentence is otherwise 2396
subject to collateral attack upon any grounds of alleged error 2397
heretofore available under any common law, statutory or other 2398
writ, motion, petition, proceeding or remedy. 2399
(2) A motion for relief under this article shall be made 2400
within three (3) years after the time in which the petitioner's 2401
direct appeal is ruled upon by the Supreme Court of Mississippi 2402
or, in case no appeal is taken, within three (3) years after the 2403
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time for taking an appeal from the judgment of conviction or 2404
sentence has expired, or in case of a guilty plea, within three 2405
(3) years after entry of the judgment of conviction. Excepted 2406
from this three-year statute of limitations are those cases in 2407
which the petitioner can demonstrate either: 2408
(a) (i) That there has been an intervening decision of 2409
the Supreme Court of either the State of Mississippi or the United 2410
States which would have actually adversely affected the outcome of 2411
his conviction or sentence or that he has evidence, not reasonably 2412
discoverable at the time of trial, which is of such nature that it 2413
would be practically conclusive that had such been introduced at 2414
trial it would have caused a different result in the conviction or 2415
sentence; or 2416
(ii) That, even if the petitioner pled guilty or 2417
nolo contendere, or confessed or admitted to a crime, there exists 2418
biological evidence not tested, or, if previously tested, that can 2419
be subjected to additional DNA testing that would provide a 2420
reasonable likelihood of more probative results, and that testing 2421
would demonstrate by reasonable probability that the petitioner 2422
would not have been convicted or would have received a lesser 2423
sentence if favorable results had been obtained through such 2424
forensic DNA testing at the time of the original prosecution. 2425
(b) Likewise excepted are those cases in which the 2426
petitioner claims that his sentence has expired or his probation, 2427
parole or conditional release has been unlawfully revoked. 2428
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Likewise excepted are filings for post-conviction relief in 2429
capital cases which shall be made within one (1) year after 2430
conviction. 2431
(3) This motion is not a substitute for, nor does it affect, 2432
any remedy incident to the proceeding in the trial court, or 2433
direct review of the conviction or sentence. 2434
(4) Proceedings under this article shall be subject to the 2435
provisions of Section 99-19-42. 2436
(5) For the purposes of this article: 2437
(a) "Biological evidence" means the contents of a 2438
sexual assault examination kit and any item that contains blood, 2439
semen, hair, saliva, skin tissue, fingernail scrapings, bone, 2440
bodily fluids or other identifiable biological material that was 2441
collected as part of the criminal investigation or may reasonably 2442
be used to incriminate or exculpate any person for the offense. 2443
This definition applies whether that material is catalogued 2444
separately, such as on a slide, swab or in a test tube, or is 2445
present on other evidence, including, but not limited to, 2446
clothing, ligatures, bedding or other household material, drinking 2447
cups, cigarettes or other items; 2448
(b) "DNA" means deoxyribonucleic acid. 2449
SECTION 48. Section 99-39-27, Mississippi Code of 1972, is 2450
brought forward as follows: 2451
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99-39-27. (1) The application for leave to proceed in the 2452
trial court filed with the Supreme Court under Section 99-39-7 2453
shall name the State of Mississippi as the respondent. 2454
(2) The application shall contain the original and two (2) 2455
executed copies of the motion proposed to be filed in the trial 2456
court together with such other supporting pleadings and 2457
documentation as the Supreme Court by rule may require. 2458
(3) The prisoner shall serve an executed copy of the 2459
application upon the Attorney General simultaneously with the 2460
filing of the application with the court. 2461
(4) The original motion, together with all files, records, 2462
transcripts and correspondence relating to the judgment under 2463
attack, shall promptly be examined by the court. 2464
(5) Unless it appears from the face of the application, 2465
motion, exhibits and the prior record that the claims presented by 2466
those documents are not procedurally barred under Section 99-39-21 2467
and that they further present a substantial showing of the denial 2468
of a state or federal right, the court shall by appropriate order 2469
deny the application. The court may, in its discretion, require 2470
the Attorney General upon sufficient notice to respond to the 2471
application. 2472
(6) The court, upon satisfaction of the standards set forth 2473
in this article, is empowered to grant the application. 2474
(7) In granting the application the court, in its 2475
discretion, may: 2476
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(a) Where sufficient facts exist from the face of the 2477
application, motion, exhibits, the prior record and the state's 2478
response, together with any exhibits submitted with those 2479
documents, or upon stipulation of the parties, grant or deny any 2480
or all relief requested in the attached motion. 2481
(b) Allow the filing of the motion in the trial court 2482
for further proceedings under Sections 99-39-13 through 99-39-23. 2483
(8) No application or relief shall be granted without the 2484
Attorney General being given at least five (5) days to respond. 2485
(9) The dismissal or denial of an application under this 2486
section is a final judgment and shall be a bar to a second or 2487
successive application under this article. Excepted from this 2488
prohibition is an application filed under Section 99-19-57(2), 2489
raising the issue of the offender's supervening mental illness 2490
before the execution of a sentence of death. A dismissal or 2491
denial of an application relating to mental illness under Section 2492
99-19-57(2) shall be res judicata on the issue and shall likewise 2493
bar any second or successive applications on the issue. Likewise 2494
excepted from this prohibition are those cases in which the 2495
prisoner can demonstrate either that there has been an intervening 2496
decision of the Supreme Court of either the State of Mississippi 2497
or the United States that would have actually adversely affected 2498
the outcome of his conviction or sentence or that he has evidence, 2499
not reasonably discoverable at the time of trial, that is of such 2500
nature that it would be practically conclusive that, if it had 2501
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been introduced at trial, it would have caused a different result 2502
in the conviction or sentence. Likewise exempted are those cases 2503
in which the prisoner claims that his sentence has expired or his 2504
probation, parole or conditional release has been unlawfully 2505
revoked. 2506
(10) Proceedings under this section shall be subject to the 2507
provisions of Section 99-19-42. 2508
(11) Post-conviction proceedings in which the defendant is 2509
under sentence of death shall be governed by rules established by 2510
the Supreme Court as well as the provisions of this section. 2511
SECTION 49. Section 41-29-153, Mississippi Code of 1972, is 2512
brought forward as follows: 2513
41-29-153. (a) The following are subject to forfeiture: 2514
(1) All controlled substances which have been 2515
manufactured, distributed, dispensed or acquired in violation of 2516
this article or in violation of Article 5 of this chapter or 2517
Chapter 137 of this title; 2518
(2) All raw materials, products and equipment of any 2519
kind which are used, or intended for use, in manufacturing, 2520
compounding, processing, delivering, importing, or exporting any 2521
controlled substance in violation of this article or in violation 2522
of Article 5 of this chapter or Chapter 137 of this title; 2523
(3) All property which is used, or intended for use, as 2524
a container for property described in paragraph (1) or (2) of this 2525
subsection; 2526
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(4) All conveyances, including aircraft, vehicles or 2527
vessels, which are used, or intended for use, to transport, or in 2528
any manner to facilitate the transportation, sale, receipt, 2529
possession or concealment of property described in paragraph (1) 2530
or (2) of this subsection, however: 2531
A. No conveyance used by any person as a common 2532
carrier in the transaction of business as a common carrier is 2533
subject to forfeiture under this section unless it appears that 2534
the owner or other person in charge of the conveyance is a 2535
consenting party or privy to a violation of this article; 2536
B. No conveyance is subject to forfeiture under 2537
this section by reason of any act or omission proved by the owner 2538
thereof to have been committed or omitted without his knowledge or 2539
consent; if the confiscating authority has reason to believe that 2540
the conveyance is a leased or rented conveyance, then the 2541
confiscating authority shall notify the owner of the conveyance 2542
within five (5) days of the confiscation; 2543
C. A forfeiture of a conveyance encumbered by a 2544
bona fide security interest is subject to the interest of the 2545
secured party if he neither had knowledge of nor consented to the 2546
act or omission; 2547
D. A conveyance is not subject to forfeiture for a 2548
violation of Section 41-29-139(c)(2)(A) 1, 2 or (B)1 or (C)1, 2, 2549
3; 2550
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(5) All money, deadly weapons, books, records, and 2551
research products and materials, including formulas, microfilm, 2552
tapes and data which are used, or intended for use, in violation 2553
of this article or in violation of Article 5 of this chapter or 2554
Chapter 137 of this title; 2555
(6) All drug paraphernalia as defined in Section 2556
41-29-105(v); and 2557
(7) Everything of value, including real estate, 2558
furnished, or intended to be furnished, in exchange for a 2559
controlled substance in violation of this article, all proceeds 2560
traceable to such an exchange, and all monies, negotiable 2561
instruments, businesses or business investments, securities, and 2562
other things of value used, or intended to be used, to facilitate 2563
any violation of this article. All monies, coin and currency 2564
found in close proximity to forfeitable controlled substances, to 2565
forfeitable drug manufacturing or distributing paraphernalia, or 2566
to forfeitable records of the importation, manufacture or 2567
distribution of controlled substances are presumed to be 2568
forfeitable under this paragraph; the burden of proof is upon 2569
claimants of the property to rebut this presumption. 2570
A. No property shall be forfeited under the 2571
provisions of subsection (a)(7) of this section, to the extent of 2572
the interest of an owner, by reason of any act or omission 2573
established by him to have been committed or omitted without his 2574
knowledge or consent. 2575
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B. Neither personal property encumbered by a bona 2576
fide security interest nor real estate encumbered by a bona fide 2577
mortgage, deed of trust, lien or encumbrance shall be forfeited 2578
under the provisions of subsection (a)(7) of this section, to the 2579
extent of the interest of the secured party or the interest of the 2580
mortgagee, holder of a deed of trust, lien or encumbrance by 2581
reason of any act or omission established by him to have been 2582
committed or omitted without his knowledge or consent. 2583
(b) Property subject to forfeiture may be seized by the 2584
bureau, local law enforcement officers, enforcement officers of 2585
the Mississippi Department of Transportation, highway patrolmen, 2586
the board, the State Board of Pharmacy, or law enforcement 2587
officers of the Mississippi Department of Revenue or Mississippi 2588
Department of Health acting with their duties in accordance with 2589
the Mississippi Medical Cannabis Act, upon process issued by any 2590
appropriate court having jurisdiction over the property. Seizure 2591
without process may be made if: 2592
(1) The seizure is incident to an arrest or a search 2593
under a search warrant or an inspection under an administrative 2594
inspection warrant; 2595
(2) The property subject to seizure has been the 2596
subject of a prior judgment in favor of the state in a criminal 2597
injunction or forfeiture proceeding based upon this article; 2598
(3) The bureau, the board, local law enforcement 2599
officers, enforcement officers of the Mississippi Department of 2600
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Transportation, or highway patrolmen, the State Board of Pharmacy, 2601
or law enforcement officers of the Mississippi Department of 2602
Revenue or Mississippi Department of Health acting with their 2603
duties in accordance with the Mississippi Medical Cannabis Act, 2604
have probable cause to believe that the property is directly or 2605
indirectly dangerous to health or safety; 2606
(4) The bureau, local law enforcement officers, 2607
enforcement officers of the Mississippi Department of 2608
Transportation, highway patrolmen, the board, the State Board of 2609
Pharmacy, or law enforcement officers of the Mississippi 2610
Department of Revenue or Mississippi Department of Health acting 2611
with their duties in accordance with the Mississippi Medical 2612
Cannabis Act, have probable cause to believe that the property was 2613
used or is intended to be used in violation of this article; or 2614
(5) The seizing law enforcement agency obtained a 2615
seizure warrant as described in subsection (f) of this section. 2616
(c) Controlled substances listed in Schedule I of Section 2617
41-29-113 that are possessed, transferred, sold, or offered for 2618
sale in violation of this article are contraband and shall be 2619
seized and summarily forfeited to the state. Controlled 2620
substances listed in the said Schedule I, which are seized or come 2621
into the possession of the state, the owners of which are unknown, 2622
are contraband and shall be summarily forfeited to the state. 2623
(d) Species of plants from which controlled substances in 2624
Schedules I and II of Sections 41-29-113 and 41-29-115 may be 2625
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derived which have been planted or cultivated in violation of this 2626
article, or of which the owners or cultivators are unknown, or 2627
which are wild growths, may be seized and summarily forfeited to 2628
the state. 2629
(e) The failure, upon demand by the bureau and/or local law 2630
enforcement officers, or their authorized agents, or highway 2631
patrolmen designated by the bureau, the board, the State Board of 2632
Pharmacy, or law enforcement officers of the Mississippi 2633
Department of Revenue or Mississippi Department of Health acting 2634
with their duties in accordance with the Mississippi Medical 2635
Cannabis Act, of the person in occupancy or in control of land or 2636
premises upon which the species of plants are growing or being 2637
stored, to produce an appropriate registration, or proof that he 2638
is the holder thereof, constitutes authority for the seizure and 2639
forfeiture of the plants. 2640
(f) (1) When any property is seized under the Uniform 2641
Controlled Substances Law, except as otherwise provided in 2642
paragraph (3) of this subsection, by a law enforcement agency with 2643
the intent to be forfeited, the law enforcement agency that seized 2644
the property shall obtain a seizure warrant from the county or 2645
circuit court having jurisdiction of such property within 2646
seventy-two (72) hours of any seizure, excluding weekends and 2647
holidays. Any law enforcement agency that fails to obtain a 2648
seizure warrant within seventy-two (72) hours as required by this 2649
section shall notify the person from whom the property was seized 2650
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that it will not be forfeited and shall provide written 2651
instructions advising the person how to retrieve the seized 2652
property. 2653
(2) A circuit or county judge having jurisdiction of 2654
any property other than a controlled substance, raw material or 2655
paraphernalia, may issue a seizure warrant upon proper oath or 2656
affirmation from a law enforcement agency. The law enforcement 2657
agency that is seeking a seizure warrant shall provide the 2658
following information to the judge: 2659
A. Probable cause to believe that the property was 2660
used or intended to be used in violation of this article; 2661
B. The name of the person from whom the property 2662
was seized; and 2663
C. A detailed description of the property which is 2664
seized, including the value of the property. 2665
(3) This subsection does not apply to seizures 2666
performed pursuant to Section 41-29-157 when property is 2667
specifically set forth in a search and seizure warrant. 2668
SECTION 50. Section 41-29-154, Mississippi Code of 1972, is 2669
brought forward as follows: 2670
41-29-154. Any controlled substance or paraphernalia seized 2671
under the authority of this article or any other law of 2672
Mississippi or of the United States, shall be destroyed, 2673
adulterated and disposed of or otherwise rendered harmless and 2674
disposed of, upon written authorization of the director, 2675
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Commissioner of the Mississippi Department of Revenue or the State 2676
Health Officer of the Mississippi Department of Health, as 2677
applicable, after such substance or paraphernalia has served its 2678
usefulness as evidence or after such substance or paraphernalia is 2679
no longer useful for training or demonstration purposes. 2680
A record of the disposition of such substances and 2681
paraphernalia and the method of destruction or adulteration 2682
employed along with the names of witnesses to such destruction or 2683
adulteration shall be retained by the director. 2684
No substance or paraphernalia shall be disposed of, destroyed 2685
or rendered harmless under the authority of this section without 2686
an order from the director, Commissioner of the Mississippi 2687
Department of Revenue or the State Health Officer of the 2688
Mississippi Department of Health, as applicable, and without at 2689
least two (2) officers or agents of the bureau present as 2690
witnesses. 2691
SECTION 51. Section 41-29-155, Mississippi Code of 1972, is 2692
brought forward as follows: 2693
41-29-155. The trial courts of this state shall have 2694
jurisdiction to restrain or enjoin violations of this article. 2695
The defendant may demand trial by jury for an alleged 2696
violation of an injunction or restraining order under this 2697
section. 2698
SECTION 52. Section 41-29-157, Mississippi Code of 1972, is 2699
brought forward as follows: 2700
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41-29-157. (a) Except as otherwise provided in Section 2701
41-29-107.1, issuance and execution of administrative inspection 2702
warrants and search warrants shall be as follows, except as 2703
provided in subsection (c) of this section: 2704
(1) A judge of any state court of record, or any 2705
justice court judge within his jurisdiction, and upon proper oath 2706
or affirmation showing probable cause, may issue warrants for the 2707
purpose of conducting administrative inspections authorized by 2708
this article or rules thereunder, and seizures of property 2709
appropriate to the inspections. For purposes of the issuance of 2710
administrative inspection warrants, probable cause exists upon 2711
showing a valid public interest in the effective enforcement of 2712
this article or rules thereunder, sufficient to justify 2713
administrative inspection of the area, premises, building or 2714
conveyance in the circumstances specified in the application for 2715
the warrant. All such warrants shall be served during normal 2716
business hours; 2717
(2) A search warrant shall issue only upon an affidavit 2718
of a person having knowledge or information of the facts alleged, 2719
sworn to before the judge or justice court judge and establishing 2720
the grounds for issuing the warrant. If the judge or justice 2721
court judge is satisfied that grounds for the application exist or 2722
that there is probable cause to believe they exist, he shall issue 2723
a warrant identifying the area, premises, building or conveyance 2724
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to be searched, the purpose of the search, and, if appropriate, 2725
the type of property to be searched, if any. The warrant shall: 2726
(A) State the grounds for its issuance and the 2727
name of each person whose affidavit has been taken in support 2728
thereof; 2729
(B) Be directed to a person authorized by Section 2730
41-29-159 to execute it; 2731
(C) Command the person to whom it is directed to 2732
inspect the area, premises, building or conveyance identified for 2733
the purpose specified, and if appropriate, direct the seizure of 2734
the property specified; 2735
(D) Identify the item or types of property to be 2736
seized, if any; 2737
(E) Direct that it be served and designate the 2738
judge or magistrate to whom it shall be returned; 2739
(3) A warrant issued pursuant to this section must be 2740
executed and returned within ten (10) days of its date unless, 2741
upon a showing of a need for additional time, the court orders 2742
otherwise. If property is seized pursuant to a warrant, a copy 2743
shall be given to the person from whom or from whose premises the 2744
property is taken, together with a receipt for the property taken. 2745
The return of the warrant shall be made promptly, accompanied by a 2746
written inventory of any property taken. The inventory shall be 2747
made in the presence of the person executing the warrant and of 2748
the person from whose possession or premises the property was 2749
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taken, if present, or in the presence of at least one (1) credible 2750
person other than the person executing the warrant. A copy of the 2751
inventory shall be delivered to the person from whom or from whose 2752
premises the property was taken and to the applicant for the 2753
warrant; 2754
(4) The judge or justice court judge who has issued a 2755
warrant shall attach thereto a copy of the return and all papers 2756
returnable in connection therewith and file them with the clerk of 2757
the appropriate state court for the judicial district in which the 2758
inspection was made. 2759
(b) The Mississippi Bureau of Narcotics, the State Board of 2760
Pharmacy, the State Board of Medical Licensure, the State Board of 2761
Dental Examiners, the Mississippi Board of Nursing or the State 2762
Board of Optometry may make administrative inspections of 2763
controlled premises in accordance with the following provisions: 2764
(1) For purposes of this section only, "controlled 2765
premises" means: 2766
(A) Places where persons registered or exempted 2767
from registration requirements under this article are required to 2768
keep records; and 2769
(B) Places including factories, warehouses, 2770
establishments and conveyances in which persons registered or 2771
exempted from registration requirements under this article are 2772
permitted to hold, manufacture, compound, process, sell, deliver, 2773
or otherwise dispose of any controlled substance. 2774
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(2) When authorized by an administrative inspection 2775
warrant issued in accordance with the conditions imposed in this 2776
section, an officer or employee designated by the Mississippi 2777
Bureau of Narcotics, the State Board of Pharmacy, the State Board 2778
of Medical Licensure, the State Board of Dental Examiners, the 2779
Mississippi Board of Nursing or the State Board of Optometry, upon 2780
presenting the warrant and appropriate credentials to the owner, 2781
operator or agent in charge, may enter controlled premises for the 2782
purpose of conducting an administrative inspection. 2783
(3) When authorized by an administrative inspection 2784
warrant, an officer or employee designated by the Mississippi 2785
Bureau of Narcotics, the State Board of Pharmacy, the State Board 2786
of Medical Licensure, the State Board of Dental Examiners, the 2787
Mississippi Board of Nursing or the State Board of Optometry may: 2788
(A) Inspect and copy records required by this 2789
article to be kept; 2790
(B) Inspect, within reasonable limits and in a 2791
reasonable manner, controlled premises and all pertinent 2792
equipment, finished and unfinished material, containers and 2793
labeling found therein, and, except as provided in paragraph (5) 2794
of this subsection, all other things therein, including records, 2795
files, papers, processes, controls and facilities bearing on 2796
violation of this article; and 2797
(C) Inventory any stock of any controlled 2798
substance therein and obtain samples thereof. 2799
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(4) This section does not prevent the inspection 2800
without a warrant of books and records pursuant to an 2801
administrative subpoena, nor does it prevent entries and 2802
administrative inspections, including seizures of property, 2803
without a warrant: 2804
(A) If the owner, operator or agent in charge of 2805
the controlled premises consents; 2806
(B) In situations presenting imminent danger to 2807
health or safety; 2808
(C) In situations involving inspection of 2809
conveyances if there is reasonable cause to believe that the 2810
mobility of the conveyance makes it impracticable to obtain a 2811
warrant; 2812
(D) In any other exceptional or emergency 2813
circumstance where time or opportunity to apply for a warrant is 2814
lacking; or 2815
(E) In all other situations in which a warrant is 2816
not constitutionally required. 2817
(5) An inspection authorized by this section shall not 2818
extend to financial data, sales data, other than shipment data, or 2819
pricing data unless the owner, operator or agent in charge of the 2820
controlled premises consents in writing. 2821
(c) Any agent of the bureau authorized to execute a search 2822
warrant involving controlled substances, the penalty for which is 2823
imprisonment for more than one (1) year, may, without notice of 2824
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his authority and purpose, break open an outer door or inner door, 2825
or window of a building, or any part of the building, if the judge 2826
issuing the warrant: 2827
(1) Is satisfied that there is probable cause to 2828
believe that: 2829
(A) The property sought may, and, if such notice 2830
is given, will be easily and quickly destroyed or disposed of; or 2831
(B) The giving of such notice will immediately 2832
endanger the life or safety of the executing officer or another 2833
person; and 2834
(2) Has included in the warrant a direction that the 2835
officer executing the warrant shall not be required to give such 2836
notice. 2837
Any officer acting under such warrant shall, as soon as 2838
practical, after entering the premises, identify himself and give 2839
the reasons and authority for his entrance upon the premises. 2840
Search warrants which include the instruction that the 2841
executing officer shall not be required to give notice of 2842
authority and purpose as authorized by this subsection shall be 2843
issued only by the county court or county judge in vacation, 2844
chancery court or by the chancellor in vacation, by the circuit 2845
court or circuit judge in vacation, or by a justice of the 2846
Mississippi Supreme Court. 2847
This subsection shall expire and stand repealed from and 2848
after July 1, 1974, except that the repeal shall not affect the 2849
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validity or legality of any search authorized under this 2850
subsection and conducted prior to July 1, 1974. 2851
SECTION 53. Section 99-15-103, Mississippi Code of 1972, is 2852
brought forward as follows: 2853
99-15-103. For purposes of Sections 99-15-101 through 2854
99-15-127, the following words shall have the meaning ascribed 2855
herein unless the context shall otherwise require: 2856
(a) "Prosecutorial discretion" means the power of the 2857
district attorney to consider all circumstances of criminal 2858
proceedings and to determine whether any legal action is to be 2859
taken and, if so taken, of what kind and degree and to what 2860
conclusion. 2861
(b) "Noncriminal disposition" means the dismissal of a 2862
criminal charge without prejudice to the state to reinstate 2863
criminal proceedings on motion of the district attorney. 2864
SECTION 54. Section 99-15-105, Mississippi Code of 1972, is 2865
brought forward as follows: 2866
99-15-105. (1) Each district attorney, with the consent of 2867
a circuit court judge of his district, shall have the 2868
prosecutorial discretion as defined herein and may as a matter of 2869
such prosecutorial discretion establish a pretrial intervention 2870
program in the circuit court districts. 2871
(2) A pretrial intervention program shall be under the 2872
direct supervision and control of the district attorney. 2873
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(3) An offender must make application to an intervention 2874
program within the time prescribed by the district attorney. 2875
SECTION 55. Section 99-15-107, Mississippi Code of 1972, is 2876
brought forward as follows: 2877
99-15-107. A person shall not be eligible for the 2878
intervention program provided by Sections 99-15-101 through 2879
99-15-127 if the person has been charged with: 2880
(a) Any crime of violence listed in Section 97-3-2; 2881
(b) Any offense pertaining to trafficking in a 2882
controlled substance, as provided in Section 41-29-139(f); or 2883
(c) Any crime of fraud or embezzlement committed in a 2884
public office pursuant to Section 97-7-11 or 97-11-31, amounting 2885
to or exceeding Ten Thousand Dollars ($10,000.00). 2886
SECTION 56. Section 99-15-109, Mississippi Code of 1972, is 2887
brought forward as follows: 2888
99-15-109. (1) Intervention shall be appropriate only when: 2889
(a) The offender is eighteen (18) years of age or 2890
older; 2891
(b) There is substantial likelihood that justice will 2892
be served if the offender is placed in an intervention program; 2893
(c) It is determined that the needs of the offender and 2894
the state can better be met outside the traditional criminal 2895
justice process; 2896
(d) It is apparent that the offender poses no threat to 2897
the community; 2898
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(e) It appears that the offender is unlikely to be 2899
involved in further criminal activity; 2900
(f) The offender, in those cases where it is required, 2901
is likely to respond quickly to rehabilitative treatment; 2902
(g) The offender has no significant history of prior 2903
delinquency or criminal activity; 2904
(h) The offender has been indicted and is represented 2905
by an attorney; and 2906
(i) The court has determined that the office of 2907
district attorney or the Department of Corrections has sufficient 2908
support staff to administer such intervention program. 2909
(2) When jurisdiction in a case involving a child is 2910
acquired by the circuit court pursuant to a transfer from the 2911
youth court, the provision of subsection (1)(a) of this section 2912
shall not be applicable. 2913
(3) Notwithstanding any other provision of this section, in 2914
all criminal cases wherein an offender has been held in contempt 2915
of court for failure to pay fines or restitution, the offender may 2916
be placed in pretrial intervention for the purpose of collecting 2917
unpaid restitution and fines regardless of any prior criminal 2918
conviction, whether felony or misdemeanor. 2919
SECTION 57. Section 99-15-111, Mississippi Code of 1972, is 2920
brought forward as follows: 2921
99-15-111. Prior to admittance of an offender into an 2922
intervention program, the district attorney may require the 2923
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offender to furnish information concerning the offender's past 2924
criminal record, education and work record, family history, 2925
medical or psychiatric treatment or care received, psychological 2926
tests taken and other information which, in the district 2927
attorney's opinion, bears on the decision as to whether the 2928
offender should be admitted. 2929
SECTION 58. Section 99-15-113, Mississippi Code of 1972, is 2930
brought forward as follows: 2931
99-15-113. Prior to any person's admittance to a pretrial 2932
intervention program the victim, if any, of the crime for which 2933
the applicant is charged and the law enforcement agency employing 2934
the arresting officer shall be asked to comment in writing as to 2935
whether or not the applicant should be allowed to enter an 2936
intervention program. In each case involving admission to an 2937
intervention program, the district attorney and a circuit court 2938
judge of his district shall consider the recommendations of the 2939
law enforcement agency and the victim, if any, in making a 2940
decision. 2941
SECTION 59. Section 99-15-115, Mississippi Code of 1972, is 2942
brought forward as follows: 2943
99-15-115. An offender who enters an intervention program 2944
shall: 2945
(a) Waive, in writing and contingent upon his 2946
successful completion of the program, his or her right to a speedy 2947
trial; 2948
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(b) Agree, in writing, to the tolling while in the 2949
program of all periods of limitation established by statutes or 2950
rules of court; 2951
(c) Agree, in writing, to the conditions of the 2952
intervention program established by the district attorney which 2953
shall not require or include a guilty plea; 2954
(d) In the event there is a victim of the crime, agree, 2955
in writing, to make restitution to the victim within a specified 2956
period of time and in an amount to be determined by the district 2957
attorney and approved by the court; and 2958
(e) Agree, in writing, to waive extradition. 2959
SECTION 60. Section 99-15-117, Mississippi Code of 1972, is 2960
brought forward as follows: 2961
99-15-117. In any case in which an offender agrees to an 2962
intervention program, a specific agreement shall be made between 2963
the district attorney and the offender. This agreement shall 2964
include the terms of the intervention program, the length of the 2965
program, which shall not exceed three (3) years, and a section 2966
therein stating the period of time after which the prosecutor will 2967
either dismiss the charge or seek a conviction based upon that 2968
charge. The agreement shall be signed by the offender and his or 2969
her counsel and filed in the district attorney's office. Before an 2970
offender is admitted to an intervention program, the court having 2971
jurisdiction of the charge must approve of the offender's 2972
admission to the program and the terms of the agreement. 2973
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SECTION 61. Section 99-15-119, Mississippi Code of 1972, is 2974
brought forward as follows: 2975
99-15-119. In all cases where an offender is accepted for 2976
intervention a written report shall be made and retained on file 2977
in the district attorney's office, regardless of whether or not 2978
the offender successfully completes the intervention program. The 2979
district attorney shall furnish to the Mississippi Justice 2980
Information Center personal identification information on each 2981
person accepted for intervention. This information shall only be 2982
released by the Mississippi Justice Information Center in those 2983
cases where a district attorney inquires as to whether a person 2984
has previously been accepted into an intervention program. 2985
SECTION 62. Section 99-15-121, Mississippi Code of 1972, is 2986
brought forward as follows: 2987
99-15-121. Prior to the completion of the pretrial 2988
intervention program the offender shall make restitution, as 2989
determined by the district attorney and approved by the court, to 2990
the victim, if any, and shall pay any expenses to the 2991
administrator of this program which are incurred as a result of 2992
his participation in the program. The amount of such expenses 2993
shall be determined by the district attorney and made part of the 2994
initial agreement between the district attorney and the offender. 2995
SECTION 63. Section 99-15-123, Mississippi Code of 1972, is 2996
brought forward as follows: 2997
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99-15-123. (1) In the event an offender successfully 2998
completes a pretrial intervention program, the court shall make a 2999
noncriminal disposition of the charge or charges pending against 3000
the offender. 3001
(2) In the event the offender violates the conditions of the 3002
program agreement: (a) the district attorney may terminate the 3003
offender's participation in the program, (b) the waiver executed 3004
pursuant to Section 99-15-115 shall be void on the date the 3005
offender is removed from the program for the violation, and (c) 3006
the prosecution of pending criminal charges against the offender 3007
shall be resumed by the district attorney. 3008
(3) Upon petition therefor, the court shall expunge the 3009
record of any case in which an arrest was made, the person 3010
arrested was released and the case was dismissed or the charges 3011
were dropped or there was no disposition of such case. 3012
SECTION 64. Section 99-15-125, Mississippi Code of 1972, is 3013
brought forward as follows: 3014
99-15-125. No law enforcement officer shall refer to, 3015
mention and/or offer participation in this program as an 3016
inducement to any statement, confession or waiver of any 3017
constitutional rights of any person accused of a crime except 3018
those enumerated in Section 99-15-115. 3019
SECTION 65. Section 99-15-127, Mississippi Code of 1972, is 3020
brought forward as follows: 3021
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99-15-127. The Department of Corrections, Division of 3022
Community Corrections, is directed to support Sections 99-15-101 3023
through 99-15-127 to the extent that field support personnel are 3024
available in circuit court districts, and the Commissioner of 3025
Corrections shall certify to the court that the Division of 3026
Community Corrections has sufficient field parole officers to 3027
supervise and oversee those individuals who may be placed in this 3028
program by the court. 3029
SECTION 66. Section 9-23-5, Mississippi Code of 1972, is 3030
brought forward as follows: 3031
9-23-5. For the purposes of this chapter, the following 3032
words and phrases shall have the meanings ascribed unless the 3033
context clearly requires otherwise: 3034
(a) "Chemical" tests means the analysis of an 3035
individual's: (i) blood, (ii) breath, (iii) hair, (iv) sweat, (v) 3036
saliva, (vi) urine, or (vii) other bodily substance to determine 3037
the presence of alcohol or a controlled substance. 3038
(b) "Crime of violence" means an offense listed in 3039
Section 97-3-2. 3040
(c) "Intervention court" means a drug court, mental 3041
health court, veterans court or problem-solving court that 3042
utilizes an immediate and highly structured intervention process 3043
for eligible defendants or juveniles that brings together mental 3044
health professionals, substance abuse professionals, local social 3045
programs and intensive judicial monitoring. 3046
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(d) "Evidence-based practices" means supervision 3047
policies, procedures and practices that scientific research 3048
demonstrates reduce recidivism. 3049
(e) "Risk and needs assessment" means the use of an 3050
actuarial assessment tool validated on a Mississippi corrections 3051
population to determine a person's risk to reoffend and the 3052
characteristics that, if addressed, reduce the risk to reoffend. 3053
SECTION 67. Section 9-23-7, Mississippi Code of 1972, is 3054
brought forward as follows: 3055
9-23-7. The Administrative Office of Courts shall be 3056
responsible for certification and monitoring of local intervention 3057
courts according to standards promulgated by the State 3058
Intervention Courts Advisory Committee. 3059
SECTION 68. Section 9-23-9, Mississippi Code of 1972, is 3060
brought forward as follows: 3061
9-23-9. (1) The State Intervention Courts Advisory 3062
Committee is established to develop and periodically update 3063
proposed statewide evaluation plans and models for monitoring all 3064
critical aspects of intervention courts. The committee must 3065
provide the proposed evaluation plans to the Chief Justice and the 3066
Administrative Office of Courts. The committee shall be chaired 3067
by the Director of the Administrative Office of Courts or a 3068
designee of the director and shall consist of eleven (11) members 3069
all of whom shall be appointed by the Supreme Court. The members 3070
shall be broadly representative of the courts, mental health, 3071
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veterans affairs, law enforcement, corrections, criminal defense 3072
bar, prosecutors association, juvenile justice, child protective 3073
services and substance abuse treatment communities. 3074
(2) The State Intervention Courts Advisory Committee may 3075
also make recommendations to the Chief Justice, the Director of 3076
the Administrative Office of Courts and state officials concerning 3077
improvements to intervention court policies and procedures 3078
including the intervention court certification process. The 3079
committee may make suggestions as to the criteria for eligibility, 3080
and other procedural and substantive guidelines for intervention 3081
court operation. 3082
(3) The State Intervention Courts Advisory Committee shall 3083
act as arbiter of disputes arising out of the operation of 3084
intervention courts established under this chapter and make 3085
recommendations to improve the intervention courts; it shall also 3086
make recommendations to the Supreme Court necessary and incident 3087
to compliance with established rules. 3088
(4) The State Intervention Courts Advisory Committee shall 3089
establish through rules and regulations a viable and fiscally 3090
responsible plan to expand the number of adult and juvenile 3091
intervention court programs operating in Mississippi. These rules 3092
and regulations shall include plans to increase participation in 3093
existing and future programs while maintaining their voluntary 3094
nature. 3095
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(5) The State Intervention Courts Advisory Committee shall 3096
receive and review the monthly reports submitted to the 3097
Administrative Office of Courts by each certified intervention 3098
court and provide comments and make recommendations, as necessary, 3099
to the Chief Justice and the Director of the Administrative Office 3100
of Courts. 3101
SECTION 69. Section 9-23-11, Mississippi Code of 1972, is 3102
brought forward as follows: 3103
9-23-11. (1) The Administrative Office of Courts shall 3104
establish, implement and operate a uniform certification process 3105
for all intervention courts and other problem-solving courts 3106
including juvenile courts, veterans courts or any other court 3107
designed to adjudicate criminal actions involving an identified 3108
classification of criminal defendant to ensure funding for 3109
intervention courts supports effective and proven practices that 3110
reduce recidivism and substance dependency among their 3111
participants. 3112
(2) The Administrative Office of Courts shall establish a 3113
certification process that ensures any new or existing 3114
intervention court meets minimum standards for intervention court 3115
operation. 3116
(a) These standards shall include, but are not limited 3117
to: 3118
(i) The use of evidence-based practices including, 3119
but not limited to, the use of a valid and reliable risk and needs 3120
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assessment tool to identify participants and deliver appropriate 3121
interventions; 3122
(ii) Targeting medium to high-risk offenders for 3123
participation; 3124
(iii) The use of current, evidence-based 3125
interventions proven to reduce dependency on drugs or alcohol, or 3126
both; 3127
(iv) Frequent testing for alcohol or drugs; 3128
(v) Coordinated strategy between all intervention 3129
court program personnel involving the use of graduated clinical 3130
interventions; 3131
(vi) Ongoing judicial interaction with each 3132
participant; and 3133
(vii) Monitoring and evaluation of intervention 3134
court program implementation and outcomes through data collection 3135
and reporting. 3136
(b) Intervention court certification applications shall 3137
include: 3138
(i) A description of the need for the intervention 3139
court; 3140
(ii) The targeted population for the intervention 3141
court; 3142
(iii) The eligibility criteria for intervention 3143
court participants; 3144
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(iv) A description of the process for identifying 3145
appropriate participants including the use of a risk and needs 3146
assessment and a clinical assessment; 3147
(v) A description of the intervention court 3148
intervention components, including anticipated budget and 3149
implementation plan; 3150
(vi) The data collection plan which shall include 3151
collecting the following data: 3152
1. Total number of participants; 3153
2. Total number of successful participants; 3154
3. Total number of unsuccessful participants 3155
and the reason why each participant did not complete the program; 3156
4. Total number of participants who were 3157
arrested for a new criminal offense while in the intervention 3158
court program; 3159
5. Total number of participants who were 3160
convicted of a new felony or misdemeanor offense while in the 3161
intervention court program; 3162
6. Total number of participants who committed 3163
at least one (1) violation while in the intervention court program 3164
and the resulting sanction(s); 3165
7. Results of the initial risk and needs 3166
assessment or other clinical assessment conducted on each 3167
participant; and 3168
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8. Total number of applications for screening 3169
by race, gender, offenses charged, indigence and, if not accepted, 3170
the reason for nonacceptance; and 3171
9. Any other data or information as required 3172
by the Administrative Office of Courts. 3173
(c) Every intervention court shall be certified under 3174
the following schedule: 3175
(i) An intervention court application submitted 3176
after July 1, 2014, shall require certification of the 3177
intervention court based on the proposed drug court plan. 3178
(ii) An intervention court initially established 3179
and certified after July 1, 2014, shall be recertified after its 3180
second year of funded operation on a time frame consistent with 3181
the other certified courts of its type. 3182
(iii) A certified adult felony intervention court 3183
in existence on December 31, 2018, must submit a recertification 3184
petition by July 1, 2019, and be recertified under the 3185
requirements of this section on or before December 31, 2019; after 3186
the recertification, all certified adult felony intervention 3187
courts must submit a recertification petition every two (2) years 3188
to the Administrative Office of Courts. The recertification 3189
process must be completed by December 31st of every odd calendar 3190
year. 3191
(iv) A certified youth, family, misdemeanor or 3192
chancery intervention court in existence on December 31, 2018, 3193
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must submit a recertification petition by July 31, 2020, and be 3194
recertified under the requirements of this section by December 31, 3195
2020. After the recertification, all certified youth, family, 3196
misdemeanor and chancery intervention courts must submit a 3197
recertification petition every two (2) years to the Administrative 3198
Office of Courts. The recertification process must be completed 3199
by December 31st of every even calendar year. 3200
(3) All certified intervention courts shall measure 3201
successful completion of the drug court based on those 3202
participants who complete the program without a new criminal 3203
conviction. 3204
(4) (a) All certified drug courts must collect and submit 3205
to the Administrative Office of Courts each month, the following 3206
data: 3207
(i) Total number of participants at the beginning 3208
of the month; 3209
(ii) Total number of participants at the end of 3210
the month; 3211
(iii) Total number of participants who began the 3212
program in the month; 3213
(iv) Total number of participants who successfully 3214
completed the intervention court in the month; 3215
(v) Total number of participants who left the 3216
program in the month; 3217
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(vi) Total number of participants who were 3218
arrested for a new criminal offense while in the intervention 3219
court program in the month; 3220
(vii) Total number of participants who were 3221
convicted for a new criminal arrest while in the intervention 3222
court program in the month; and 3223
(viii) Total number of participants who committed 3224
at least one (1) violation while in the intervention court program 3225
and any resulting sanction(s). 3226
(b) By August 1, 2015, and each year thereafter, the 3227
Administrative Office of Courts shall report to the PEER Committee 3228
the information in subsection (4)(a) of this section in a 3229
sortable, electronic format. 3230
(5) All certified intervention courts may individually 3231
establish rules and may make special orders and rules as necessary 3232
that do not conflict with the rules promulgated by the Supreme 3233
Court or the Administrative Office of Courts. 3234
(6) A certified intervention court may appoint the full- or 3235
part-time employees it deems necessary for the work of the 3236
intervention court and shall fix the compensation of those 3237
employees. Such employees shall serve at the will and pleasure of 3238
the judge or the judge's designee. 3239
(7) The Administrative Office of Courts shall promulgate 3240
rules and regulations to carry out the certification and 3241
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re-certification process and make any other policies not 3242
inconsistent with this section to carry out this process. 3243
(8) A certified intervention court established under this 3244
chapter is subject to the regulatory powers of the Administrative 3245
Office of Courts as set forth in Section 9-23-17. 3246
SECTION 70. Section 9-23-13, Mississippi Code of 1972, is 3247
brought forward as follows: 3248
9-23-13. (1) An intervention court's alcohol and drug 3249
intervention component shall provide for eligible individuals, 3250
either directly or through referrals, a range of necessary court 3251
intervention services, including, but not limited to, the 3252
following: 3253
(a) Screening using a valid and reliable assessment 3254
tool effective for identifying alcohol and drug dependent persons 3255
for eligibility and appropriate services; 3256
(b) Clinical assessment; for a DUI offense, if the 3257
person has two (2) or more DUI convictions, the court shall order 3258
the person to undergo an assessment that uses a standardized 3259
evidence-based instrument performed by a physician to determine 3260
whether the person has a diagnosis for alcohol and/or drug 3261
dependence and would likely benefit from a court-approved 3262
medication-assisted treatment indicated and approved for the 3263
treatment of alcohol and/or drug dependence by the United States 3264
Food and Drug Administration, as specified in the most recent 3265
Diagnostic and Statistical Manual of Mental Disorders published by 3266
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the American Psychiatric Association. Upon considering the 3267
results of the assessment, the court may refer the person to a 3268
rehabilitative program that offers one or more forms of 3269
court-approved medications that are approved for the treatment of 3270
alcohol and/or drug dependence by the United States Food and Drug 3271
Administration; 3272
(c) Education; 3273
(d) Referral; 3274
(e) Service coordination and case management; and 3275
(f) Counseling and rehabilitative care. 3276
(2) Any inpatient treatment or inpatient detoxification 3277
program ordered by the court shall be certified by the Department 3278
of Mental Health, other appropriate state agency or the equivalent 3279
agency of another state. 3280
(3) All intervention courts shall make available the option 3281
for participants to use court-approved medication-assisted 3282
treatment while participating in the programs of the court in 3283
accordance with the recommendations of the National Drug Court 3284
Institute. 3285
SECTION 71. Section 9-23-15, Mississippi Code of 1972, is 3286
brought forward as follows: 3287
9-23-15. (1) In order to be eligible for alternative 3288
sentencing through a local intervention court, the participant 3289
must satisfy each of the following criteria: 3290
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(a) The participant cannot have any felony convictions 3291
for any offenses that are crimes of violence as defined in Section 3292
97-3-2 within the previous ten (10) years. 3293
(b) The crime before the court cannot be a crime of 3294
violence as defined in Section 97-3-2. 3295
(c) Other criminal proceedings alleging commission of a 3296
crime of violence cannot be pending against the participant. 3297
(d) The participant cannot be charged with burglary of 3298
a dwelling under Section 97-17-23(2) or 97-17-37. 3299
(e) The crime before the court cannot be a charge of 3300
driving under the influence of alcohol or any other drug or drugs 3301
that resulted in the death of a person. 3302
(f) The crime charged cannot be one of trafficking in 3303
controlled substances under Section 41-29-139(f), nor can the 3304
participant have a prior conviction for same. 3305
(2) Participation in the services of an alcohol and drug 3306
intervention component shall be open only to the individuals over 3307
whom the court has jurisdiction, except that the court may agree 3308
to provide the services for individuals referred from another 3309
intervention court. In cases transferred from another 3310
jurisdiction, the receiving judge shall act as a special master 3311
and make recommendations to the sentencing judge. 3312
(3) (a) As a condition of participation in an intervention 3313
court, a participant may be required to undergo a chemical test or 3314
a series of chemical tests as specified by the intervention court. 3315
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A participant is liable for the costs of all chemical tests 3316
required under this section, regardless of whether the costs are 3317
paid to the intervention court or the laboratory; however, if 3318
testing is available from other sources or the program itself, the 3319
judge may waive any fees for testing. The judge may waive all 3320
fees if the applicant is determined to be indigent. 3321
(b) A laboratory that performs a chemical test under 3322
this section shall report the results of the test to the 3323
intervention court. 3324
(4) A person does not have a right to participate in 3325
intervention court under this chapter. The court having 3326
jurisdiction over a person for a matter before the court shall 3327
have the final determination about whether the person may 3328
participate in intervention court under this chapter. However, 3329
any person meeting the eligibility criteria in subsection (1) of 3330
this section shall, upon request, be screened for admission to 3331
intervention court. 3332
SECTION 72. Section 9-23-17, Mississippi Code of 1972, is 3333
brought forward as follows: 3334
9-23-17. With regard to any intervention court, the 3335
Administrative Office of Courts shall do the following: 3336
(a) Certify and re-certify intervention court 3337
applications that meet standards established by the Administrative 3338
Office of Courts in accordance with this chapter. 3339
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(b) Ensure that the structure of the intervention 3340
component complies with rules adopted under this section and 3341
applicable federal regulations. 3342
(c) Revoke the authorization of a program upon a 3343
determination that the program does not comply with rules adopted 3344
under this section and applicable federal regulations. 3345
(d) Make agreements and contracts to effectuate the 3346
purposes of this chapter with: 3347
(i) Another department, authority or agency of the 3348
state; 3349
(ii) Another state; 3350
(iii) The federal government; 3351
(iv) A state-supported or private university; or 3352
(v) A public or private agency, foundation, 3353
corporation or individual. 3354
(e) Directly, or by contract, approve and certify any 3355
intervention component established under this chapter. 3356
(f) Require, as a condition of operation, that each 3357
intervention court created or funded under this chapter be 3358
certified by the Administrative Office of Courts. 3359
(g) Collect monthly data reports submitted by all 3360
certified intervention courts, provide those reports to the State 3361
Intervention Courts Advisory Committee, compile an annual report 3362
summarizing the data collected and the outcomes achieved by all 3363
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certified intervention courts and submit the annual report to the 3364
Oversight Task Force. 3365
(h) Every three (3) years contract with an external 3366
evaluator to conduct an evaluation of the effectiveness of the 3367
intervention court program, both statewide and individual 3368
intervention court programs, in complying with the key components 3369
of the intervention courts adopted by the National Association of 3370
Drug Court Professionals. 3371
(i) Adopt rules to implement this chapter. 3372
SECTION 73. Section 9-23-19, Mississippi Code of 1972, is 3373
brought forward as follows: 3374
9-23-19. (1) All monies received from any source by the 3375
intervention court shall be accumulated in a fund to be used only 3376
for intervention court purposes. Any funds remaining in this fund 3377
at the end of a fiscal year shall not lapse into any general fund, 3378
but shall be retained in the Intervention Court Fund for the 3379
funding of further activities by the intervention court. 3380
(2) An intervention court may apply for and receive the 3381
following: 3382
(a) Gifts, bequests and donations from private sources. 3383
(b) Grant and contract money from governmental sources. 3384
(c) Other forms of financial assistance approved by the 3385
court to supplement the budget of the intervention court. 3386
(3) The costs of participation in an alcohol and drug 3387
intervention program required by the certified intervention court 3388
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may be paid by the participant or out of user fees or such other 3389
state, federal or private funds that may, from time to time, be 3390
made available. 3391
(4) The court may assess such reasonable and appropriate 3392
fees to be paid to the local Intervention Court Fund for 3393
participation in an alcohol or drug intervention program; however, 3394
all fees may be waived if the applicant is determined to be 3395
indigent. 3396
SECTION 74. Section 9-23-21, Mississippi Code of 1972, is 3397
brought forward as follows: 3398
9-23-21. The director and members of the professional and 3399
administrative staff of the intervention court who perform duties 3400
in good faith under this chapter are immune from civil liability 3401
for: 3402
(a) Acts or omissions in providing services under this 3403
chapter; and 3404
(b) The reasonable exercise of discretion in 3405
determining eligibility to participate in the intervention court. 3406
SECTION 75. Section 9-23-23, Mississippi Code of 1972, is 3407
brought forward as follows: 3408
9-23-23. If the participant completes all requirements 3409
imposed upon him by the intervention court, including the payment 3410
of fines and fees assessed and not waived by the court, the charge 3411
and prosecution shall be dismissed. If the defendant or 3412
participant was sentenced at the time of entry of plea of guilty, 3413
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the successful completion of the intervention court order and 3414
other requirements of probation or suspension of sentence will 3415
result in the record of the criminal conviction or adjudication 3416
being expunged. However, no expunction of any implied consent 3417
violation shall be allowed. 3418
SECTION 76. Section 41-29-139, Mississippi Code of 1972, is 3419
brought forward as follows: 3420
41-29-139. (a) Transfer and possession with intent to 3421
transfer. Except as authorized by this article, it is unlawful 3422
for any person knowingly or intentionally: 3423
(1) To sell, barter, transfer, manufacture, distribute, 3424
dispense or possess with intent to sell, barter, transfer, 3425
manufacture, distribute or dispense, a controlled substance; or 3426
(2) To create, sell, barter, transfer, distribute, 3427
dispense or possess with intent to create, sell, barter, transfer, 3428
distribute or dispense, a counterfeit substance. 3429
(b) Punishment for transfer and possession with intent to 3430
transfer. Except as otherwise provided in Section 41-29-142, any 3431
person who violates subsection (a) of this section shall be, if 3432
convicted, sentenced as follows: 3433
(1) For controlled substances classified in Schedule I 3434
or II, as set out in Sections 41-29-113 and 41-29-115, other than 3435
marijuana or synthetic cannabinoids: 3436
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(A) If less than two (2) grams or ten (10) dosage 3437
units, by imprisonment for not more than eight (8) years or a fine 3438
of not more than Fifty Thousand Dollars ($50,000.00), or both. 3439
(B) If two (2) or more grams or ten (10) or more 3440
dosage units, but less than ten (10) grams or twenty (20) dosage 3441
units, by imprisonment for not less than three (3) years nor more 3442
than twenty (20) years or a fine of not more than Two Hundred 3443
Fifty Thousand Dollars ($250,000.00), or both. 3444
(C) If ten (10) or more grams or twenty (20) or 3445
more dosage units, but less than thirty (30) grams or forty (40) 3446
dosage units, by imprisonment for not less than five (5) years nor 3447
more than thirty (30) years or a fine of not more than Five 3448
Hundred Thousand Dollars ($500,000.00), or both. 3449
(2) (A) For marijuana: 3450
1. If thirty (30) grams or less, by 3451
imprisonment for not more than three (3) years or a fine of not 3452
more than Three Thousand Dollars ($3,000.00), or both; 3453
2. If more than thirty (30) grams but less 3454
than two hundred fifty (250) grams, by imprisonment for not more 3455
than five (5) years or a fine of not more than Five Thousand 3456
Dollars ($5,000.00), or both; 3457
3. If two hundred fifty (250) or more grams 3458
but less than five hundred (500) grams, by imprisonment for not 3459
less than three (3) years nor more than ten (10) years or a fine 3460
of not more than Fifteen Thousand Dollars ($15,000.00), or both; 3461
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4. If five hundred (500) or more grams but 3462
less than one (1) kilogram, by imprisonment for not less than five 3463
(5) years nor more than twenty (20) years or a fine of not more 3464
than Twenty Thousand Dollars ($20,000.00), or both. 3465
(B) For synthetic cannabinoids: 3466
1. If ten (10) grams or less, by imprisonment 3467
for not more than three (3) years or a fine of not more than Three 3468
Thousand Dollars ($3,000.00), or both; 3469
2. If more than ten (10) grams but less than 3470
twenty (20) grams, by imprisonment for not more than five (5) 3471
years or a fine of not more than Five Thousand Dollars 3472
($5,000.00), or both; 3473
3. If twenty (20) or more grams but less than 3474
forty (40) grams, by imprisonment for not less than three (3) 3475
years nor more than ten (10) years or a fine of not more than 3476
Fifteen Thousand Dollars ($15,000.00), or both; 3477
4. If forty (40) or more grams but less than 3478
two hundred (200) grams, by imprisonment for not less than five 3479
(5) years nor more than twenty (20) years or a fine of not more 3480
than Twenty Thousand Dollars ($20,000.00), or both. 3481
(3) For controlled substances classified in Schedules 3482
III and IV, as set out in Sections 41-29-117 and 41-29-119: 3483
(A) If less than two (2) grams or ten (10) dosage 3484
units, by imprisonment for not more than five (5) years or a fine 3485
of not more than Five Thousand Dollars ($5,000.00), or both; 3486
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(B) If two (2) or more grams or ten (10) or more 3487
dosage units, but less than ten (10) grams or twenty (20) dosage 3488
units, by imprisonment for not more than eight (8) years or a fine 3489
of not more than Fifty Thousand Dollars ($50,000.00), or both; 3490
(C) If ten (10) or more grams or twenty (20) or 3491
more dosage units, but less than thirty (30) grams or forty (40) 3492
dosage units, by imprisonment for not more than fifteen (15) years 3493
or a fine of not more than One Hundred Thousand Dollars 3494
($100,000.00), or both; 3495
(D) If thirty (30) or more grams or forty (40) or 3496
more dosage units, but less than five hundred (500) grams or two 3497
thousand five hundred (2,500) dosage units, by imprisonment for 3498
not more than twenty (20) years or a fine of not more than Two 3499
Hundred Fifty Thousand Dollars ($250,000.00), or both. 3500
(4) For controlled substances classified in Schedule V, 3501
as set out in Section 41-29-121: 3502
(A) If less than two (2) grams or ten (10) dosage 3503
units, by imprisonment for not more than one (1) year or a fine of 3504
not more than Five Thousand Dollars ($5,000.00), or both; 3505
(B) If two (2) or more grams or ten (10) or more 3506
dosage units, but less than ten (10) grams or twenty (20) dosage 3507
units, by imprisonment for not more than five (5) years or a fine 3508
of not more than Ten Thousand Dollars ($10,000.00), or both; 3509
(C) If ten (10) or more grams or twenty (20) or 3510
more dosage units, but less than thirty (30) grams or forty (40) 3511
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dosage units, by imprisonment for not more than ten (10) years or 3512
a fine of not more than Twenty Thousand Dollars ($20,000.00), or 3513
both; 3514
(D) For thirty (30) or more grams or forty (40) or 3515
more dosage units, but less than five hundred (500) grams or two 3516
thousand five hundred (2,500) dosage units, by imprisonment for 3517
not more than fifteen (15) years or a fine of not more than Fifty 3518
Thousand Dollars ($50,000.00), or both. 3519
(c) Simple possession. Except as otherwise provided under 3520
subsection (i) of this section for actions that are lawful under 3521
the Mississippi Medical Cannabis Act and in compliance with rules 3522
and regulations adopted thereunder, it is unlawful for any person 3523
knowingly or intentionally to possess any controlled substance 3524
unless the substance was obtained directly from, or pursuant to, a 3525
valid prescription or order of a practitioner while acting in the 3526
course of his professional practice, or except as otherwise 3527
authorized by this article. The penalties for any violation of 3528
this subsection (c) with respect to a controlled substance 3529
classified in Schedules I, II, III, IV or V, as set out in Section 3530
41-29-113, 41-29-115, 41-29-117, 41-29-119 or 41-29-121, including 3531
marijuana or synthetic cannabinoids, shall be based on dosage unit 3532
as defined herein or the weight of the controlled substance as set 3533
forth herein as appropriate: 3534
"Dosage unit (d.u.)" means a tablet or capsule, or in the 3535
case of a liquid solution, one (1) milliliter. In the case of 3536
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lysergic acid diethylamide (LSD) the term, "dosage unit" means a 3537
stamp, square, dot, microdot, tablet or capsule of a controlled 3538
substance. 3539
For any controlled substance that does not fall within the 3540
definition of the term "dosage unit," the penalties shall be based 3541
upon the weight of the controlled substance. 3542
The weight set forth refers to the entire weight of any 3543
mixture or substance containing a detectable amount of the 3544
controlled substance. 3545
If a mixture or substance contains more than one (1) 3546
controlled substance, the weight of the mixture or substance is 3547
assigned to the controlled substance that results in the greater 3548
punishment. 3549
A person shall be charged and sentenced as follows for a 3550
violation of this subsection with respect to: 3551
(1) A controlled substance classified in Schedule I or 3552
II, except marijuana and synthetic cannabinoids: 3553
(A) If less than one-tenth (0.1) gram or two (2) 3554
dosage units, the violation is a misdemeanor and punishable by 3555
imprisonment for not more than one (1) year or a fine of not more 3556
than One Thousand Dollars ($1,000.00), or both. 3557
(B) If one-tenth (0.1) gram or more or two (2) or 3558
more dosage units, but less than two (2) grams or ten (10) dosage 3559
units, by imprisonment for not more than three (3) years or a fine 3560
of not more than Fifty Thousand Dollars ($50,000.00), or both. 3561
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(C) If two (2) or more grams or ten (10) or more 3562
dosage units, but less than ten (10) grams or twenty (20) dosage 3563
units, by imprisonment for not more than eight (8) years or a fine 3564
of not more than Two Hundred Fifty Thousand Dollars ($250,000.00), 3565
or both. 3566
(D) If ten (10) or more grams or twenty (20) or 3567
more dosage units, but less than thirty (30) grams or forty (40) 3568
dosage units, by imprisonment for not less than three (3) years 3569
nor more than twenty (20) years or a fine of not more than Five 3570
Hundred Thousand Dollars ($500,000.00), or both. 3571
(2) (A) Marijuana and synthetic cannabinoids: 3572
1. If thirty (30) grams or less of marijuana 3573
or ten (10) grams or less of synthetic cannabinoids, by a fine of 3574
not less than One Hundred Dollars ($100.00) nor more than Two 3575
Hundred Fifty Dollars ($250.00). The provisions of this paragraph 3576
(2)(A) may be enforceable by summons if the offender provides 3577
proof of identity satisfactory to the arresting officer and gives 3578
written promise to appear in court satisfactory to the arresting 3579
officer, as directed by the summons. A second conviction under 3580
this section within two (2) years is a misdemeanor punishable by a 3581
fine of Two Hundred Fifty Dollars ($250.00), not more than sixty 3582
(60) days in the county jail, and mandatory participation in a 3583
drug education program approved by the Division of Alcohol and 3584
Drug Abuse of the State Department of Mental Health, unless the 3585
court enters a written finding that a drug education program is 3586
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inappropriate. A third or subsequent conviction under this 3587
paragraph (2)(A) within two (2) years is a misdemeanor punishable 3588
by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor 3589
more than One Thousand Dollars ($1,000.00) and confinement for not 3590
more than six (6) months in the county jail. 3591
Upon a first or second conviction under this paragraph 3592
(2)(A), the courts shall forward a report of the conviction to the 3593
Mississippi Bureau of Narcotics which shall make and maintain a 3594
private, nonpublic record for a period not to exceed two (2) years 3595
from the date of conviction. The private, nonpublic record shall 3596
be solely for the use of the courts in determining the penalties 3597
which attach upon conviction under this paragraph (2)(A) and shall 3598
not constitute a criminal record for the purpose of private or 3599
administrative inquiry and the record of each conviction shall be 3600
expunged at the end of the period of two (2) years following the 3601
date of such conviction; 3602
2. Additionally, a person who is the operator 3603
of a motor vehicle, who possesses on his person or knowingly keeps 3604
or allows to be kept in a motor vehicle within the area of the 3605
vehicle normally occupied by the driver or passengers, more than 3606
one (1) gram, but not more than thirty (30) grams of marijuana or 3607
not more than ten (10) grams of synthetic cannabinoids is guilty 3608
of a misdemeanor and, upon conviction, may be fined not more than 3609
One Thousand Dollars ($1,000.00) or confined for not more than 3610
ninety (90) days in the county jail, or both. For the purposes of 3611
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this subsection, such area of the vehicle shall not include the 3612
trunk of the motor vehicle or the areas not normally occupied by 3613
the driver or passengers if the vehicle is not equipped with a 3614
trunk. A utility or glove compartment shall be deemed to be 3615
within the area occupied by the driver and passengers. 3616
(B) Marijuana: 3617
1. If more than thirty (30) grams but less 3618
than two hundred fifty (250) grams, by a fine of not more than One 3619
Thousand Dollars ($1,000.00), or confinement in the county jail 3620
for not more than one (1) year, or both; or by a fine of not more 3621
than Three Thousand Dollars ($3,000.00), or imprisonment in the 3622
custody of the Department of Corrections for not more than three 3623
(3) years, or both; 3624
2. If two hundred fifty (250) or more grams 3625
but less than five hundred (500) grams, by imprisonment for not 3626
less than two (2) years nor more than eight (8) years or by a fine 3627
of not more than Fifty Thousand Dollars ($50,000.00), or both; 3628
3. If five hundred (500) or more grams but 3629
less than one (1) kilogram, by imprisonment for not less than four 3630
(4) years nor more than sixteen (16) years or a fine of not more 3631
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 3632
4. If one (1) kilogram or more but less than 3633
five (5) kilograms, by imprisonment for not less than six (6) 3634
years nor more than twenty-four (24) years or a fine of not more 3635
than Five Hundred Thousand Dollars ($500,000.00), or both; 3636
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5. If five (5) kilograms or more, by 3637
imprisonment for not less than ten (10) years nor more than thirty 3638
(30) years or a fine of not more than One Million Dollars 3639
($1,000,000.00), or both. 3640
(C) Synthetic cannabinoids: 3641
1. If more than ten (10) grams but less than 3642
twenty (20) grams, by a fine of not more than One Thousand Dollars 3643
($1,000.00), or confinement in the county jail for not more than 3644
one (1) year, or both; or by a fine of not more than Three 3645
Thousand Dollars ($3,000.00), or imprisonment in the custody of 3646
the Department of Corrections for not more than three (3) years, 3647
or both; 3648
2. If twenty (20) or more grams but less than 3649
forty (40) grams, by imprisonment for not less than two (2) years 3650
nor more than eight (8) years or by a fine of not more than Fifty 3651
Thousand Dollars ($50,000.00), or both; 3652
3. If forty (40) or more grams but less than 3653
two hundred (200) grams, by imprisonment for not less than four 3654
(4) years nor more than sixteen (16) years or a fine of not more 3655
than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; 3656
4. If two hundred (200) or more grams, by 3657
imprisonment for not less than six (6) years nor more than 3658
twenty-four (24) years or a fine of not more than Five Hundred 3659
Thousand Dollars ($500,000.00), or both. 3660
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(3) A controlled substance classified in Schedule III, 3661
IV or V as set out in Sections 41-29-117 through 41-29-121, upon 3662
conviction, may be punished as follows: 3663
(A) If less than fifty (50) grams or less than one 3664
hundred (100) dosage units, the offense is a misdemeanor and 3665
punishable by not more than one (1) year or a fine of not more 3666
than One Thousand Dollars ($1,000.00), or both. 3667
(B) If fifty (50) or more grams or one hundred 3668
(100) or more dosage units, but less than one hundred fifty (150) 3669
grams or five hundred (500) dosage units, by imprisonment for not 3670
less than one (1) year nor more than four (4) years or a fine of 3671
not more than Ten Thousand Dollars ($10,000.00), or both. 3672
(C) If one hundred fifty (150) or more grams or 3673
five hundred (500) or more dosage units, but less than three 3674
hundred (300) grams or one thousand (1,000) dosage units, by 3675
imprisonment for not less than two (2) years nor more than eight 3676
(8) years or a fine of not more than Fifty Thousand Dollars 3677
($50,000.00), or both. 3678
(D) If three hundred (300) or more grams or one 3679
thousand (1,000) or more dosage units, but less than five hundred 3680
(500) grams or two thousand five hundred (2,500) dosage units, by 3681
imprisonment for not less than four (4) years nor more than 3682
sixteen (16) years or a fine of not more than Two Hundred Fifty 3683
Thousand Dollars ($250,000.00), or both. 3684
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(d) Paraphernalia. (1) Except as otherwise provided under 3685
subsection (i) of this section for actions that are lawful under 3686
the Mississippi Medical Cannabis Act and in compliance with rules 3687
and regulations adopted thereunder, it is unlawful for a person 3688
who is not authorized by the State Board of Medical Licensure, 3689
State Board of Pharmacy, or other lawful authority to use, or to 3690
possess with intent to use, paraphernalia to plant, propagate, 3691
cultivate, grow, harvest, manufacture, compound, convert, produce, 3692
process, prepare, test, analyze, pack, repack, store, contain, 3693
conceal, inject, ingest, inhale or otherwise introduce into the 3694
human body a controlled substance in violation of the Uniform 3695
Controlled Substances Law. Any person who violates this 3696
subsection (d)(1) is guilty of a misdemeanor and, upon conviction, 3697
may be confined in the county jail for not more than six (6) 3698
months, or fined not more than Five Hundred Dollars ($500.00), or 3699
both; however, no person shall be charged with a violation of this 3700
subsection when such person is also charged with the possession of 3701
thirty (30) grams or less of marijuana under subsection (c)(2)(A) 3702
of this section. 3703
(2) It is unlawful for any person to deliver, sell, 3704
possess with intent to deliver or sell, or manufacture with intent 3705
to deliver or sell, paraphernalia, knowing, or under circumstances 3706
where one reasonably should know, that it will be used to plant, 3707
propagate, cultivate, grow, harvest, manufacture, compound, 3708
convert, produce, process, prepare, test, analyze, pack, repack, 3709
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store, contain, conceal, inject, ingest, inhale, or otherwise 3710
introduce into the human body a controlled substance in violation 3711
of the Uniform Controlled Substances Law. Except as provided in 3712
subsection (d)(3), a person who violates this subsection (d)(2) is 3713
guilty of a misdemeanor and, upon conviction, may be confined in 3714
the county jail for not more than six (6) months, or fined not 3715
more than Five Hundred Dollars ($500.00), or both. 3716
(3) Any person eighteen (18) years of age or over who 3717
violates subsection (d)(2) of this section by delivering or 3718
selling paraphernalia to a person under eighteen (18) years of age 3719
who is at least three (3) years his junior is guilty of a 3720
misdemeanor and, upon conviction, may be confined in the county 3721
jail for not more than one (1) year, or fined not more than One 3722
Thousand Dollars ($1,000.00), or both. 3723
(4) It is unlawful for any person to place in any 3724
newspaper, magazine, handbill, or other publication any 3725
advertisement, knowing, or under circumstances where one 3726
reasonably should know, that the purpose of the advertisement, in 3727
whole or in part, is to promote the sale of objects designed or 3728
intended for use as paraphernalia. Any person who violates this 3729
subsection is guilty of a misdemeanor and, upon conviction, may be 3730
confined in the county jail for not more than six (6) months, or 3731
fined not more than Five Hundred Dollars ($500.00), or both. 3732
(e) It shall be unlawful for any physician practicing 3733
medicine in this state to prescribe, dispense or administer any 3734
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amphetamine or amphetamine-like anorectics and/or central nervous 3735
system stimulants classified in Schedule II, pursuant to Section 3736
41-29-115, for the exclusive treatment of obesity, weight control 3737
or weight loss. Any person who violates this subsection, upon 3738
conviction, is guilty of a misdemeanor and may be confined for a 3739
period not to exceed six (6) months, or fined not more than One 3740
Thousand Dollars ($1,000.00), or both. 3741
(f) Trafficking. (1) Any person trafficking in controlled 3742
substances shall be guilty of a felony and, upon conviction, shall 3743
be imprisoned for a term of not less than ten (10) years nor more 3744
than forty (40) years and shall be fined not less than Five 3745
Thousand Dollars ($5,000.00) nor more than One Million Dollars 3746
($1,000,000.00). The ten-year mandatory sentence shall not be 3747
reduced or suspended. The person shall not be eligible for 3748
probation or parole, the provisions of Sections 41-29-149, 3749
47-5-139, 47-7-3 and 47-7-33, to the contrary notwithstanding. 3750
(2) "Trafficking in controlled substances" as used 3751
herein means: 3752
(A) A violation of subsection (a) of this section 3753
involving thirty (30) or more grams or forty (40) or more dosage 3754
units of a Schedule I or II controlled substance except marijuana 3755
and synthetic cannabinoids; 3756
(B) A violation of subsection (a) of this section 3757
involving five hundred (500) or more grams or two thousand five 3758
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hundred (2,500) or more dosage units of a Schedule III, IV or V 3759
controlled substance; 3760
(C) A violation of subsection (c) of this section 3761
involving thirty (30) or more grams or forty (40) or more dosage 3762
units of a Schedule I or II controlled substance except marijuana 3763
and synthetic cannabinoids; 3764
(D) A violation of subsection (c) of this section 3765
involving five hundred (500) or more grams or two thousand five 3766
hundred (2,500) or more dosage units of a Schedule III, IV or V 3767
controlled substance; or 3768
(E) A violation of subsection (a) of this section 3769
involving one (1) kilogram or more of marijuana or two hundred 3770
(200) grams or more of synthetic cannabinoids. 3771
(g) Aggravated trafficking. Any person trafficking in 3772
Schedule I or II controlled substances, except marijuana and 3773
synthetic cannabinoids, of two hundred (200) grams or more shall 3774
be guilty of aggravated trafficking and, upon conviction, shall be 3775
sentenced to a term of not less than twenty-five (25) years nor 3776
more than life in prison and shall be fined not less than Five 3777
Thousand Dollars ($5,000.00) nor more than One Million Dollars 3778
($1,000,000.00). The twenty-five-year sentence shall be a 3779
mandatory sentence and shall not be reduced or suspended. The 3780
person shall not be eligible for probation or parole, the 3781
provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, to 3782
the contrary notwithstanding. 3783
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(h) Sentence mitigation. (1) Notwithstanding any provision 3784
of this section, a person who has been convicted of an offense 3785
under this section that requires the judge to impose a prison 3786
sentence which cannot be suspended or reduced and is ineligible 3787
for probation or parole may, at the discretion of the court, 3788
receive a sentence of imprisonment that is no less than 3789
twenty-five percent (25%) of the sentence prescribed by the 3790
applicable statute. In considering whether to apply the departure 3791
from the sentence prescribed, the court shall conclude that: 3792
(A) The offender was not a leader of the criminal 3793
enterprise; 3794
(B) The offender did not use violence or a weapon 3795
during the crime; 3796
(C) The offense did not result in a death or 3797
serious bodily injury of a person not a party to the criminal 3798
enterprise; and 3799
(D) The interests of justice are not served by the 3800
imposition of the prescribed mandatory sentence. 3801
The court may also consider whether information and 3802
assistance were furnished to a law enforcement agency, or its 3803
designee, which, in the opinion of the trial judge, objectively 3804
should or would have aided in the arrest or prosecution of others 3805
who violate this subsection. The accused shall have adequate 3806
opportunity to develop and make a record of all information and 3807
assistance so furnished. 3808
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(2) If the court reduces the prescribed sentence 3809
pursuant to this subsection, it must specify on the record the 3810
circumstances warranting the departure. 3811
(i) This section does not apply to any of the actions that 3812
are lawful under the Mississippi Medical Cannabis Act and in 3813
compliance with rules and regulations adopted thereunder. 3814
SECTION 77. Section 99-19-81, Mississippi Code of 1972, is 3815
brought forward as follows: 3816
99-19-81. Every person convicted in this state of a felony 3817
who shall have been convicted twice previously of any felony or 3818
federal crime upon charges separately brought and arising out of 3819
separate incidents at different times and who shall have been 3820
sentenced to separate terms of one (1) year or more in any state 3821
and/or federal penal institution, whether in this state or 3822
elsewhere, shall be sentenced to the maximum term of imprisonment 3823
prescribed for such felony unless the court provides an 3824
explanation in its sentencing order setting forth the cause for 3825
deviating from the maximum sentence, and such sentence shall not 3826
be reduced or suspended nor shall such person be eligible for 3827
parole or probation. 3828
SECTION 78. Section 99-19-83, Mississippi Code of 1972, is 3829
brought forward as follows: 3830
99-19-83. Every person convicted in this state of a felony 3831
who shall have been convicted twice previously of any felony or 3832
federal crime upon charges separately brought and arising out of 3833
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separate incidents at different times and who shall have been 3834
sentenced to and served separate terms of one (1) year or more, 3835
whether served concurrently or not, in any state and/or federal 3836
penal institution, whether in this state or elsewhere, and where 3837
any one (1) of such felonies shall have been a crime of violence, 3838
as defined by Section 97-3-2, shall be sentenced to life 3839
imprisonment, and such sentence shall not be reduced or suspended 3840
nor shall such person be eligible for parole, probation or any 3841
other form of early release from actual physical custody within 3842
the Department of Corrections. 3843
SECTION 79. Section 21-23-7, Mississippi Code of 1972, is 3844
brought forward as follows: 3845
21-23-7. (1) The municipal judge shall hold court in a 3846
public building designated by the governing authorities of the 3847
municipality, or may hold court in an adult detention center as 3848
provided under this subsection, and may hold court every day 3849
except Sundays and legal holidays if the business of the 3850
municipality so requires; provided, however, the municipal judge 3851
may hold court outside the boundaries of the municipality but not 3852
more than within a sixty-mile radius of the municipality to handle 3853
preliminary matters and criminal matters such as initial 3854
appearances and felony preliminary hearings. The municipal judge 3855
may hold court outside the boundaries of the municipality but not 3856
more than within a one-mile radius of the municipality for any 3857
purpose; however, a municipal judge may hold court outside the 3858
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boundaries of the municipality more than within a one-mile radius 3859
of the municipality when accepting a plea of a defendant at an 3860
adult detention center within the county. The municipal judge 3861
shall have the jurisdiction to hear and determine, without a jury 3862
and without a record of the testimony, all cases charging 3863
violations of the municipal ordinances and state misdemeanor laws 3864
made offenses against the municipality and to punish offenders 3865
therefor as may be prescribed by law. Except as otherwise 3866
provided by law, criminal proceedings shall be brought by sworn 3867
complaint filed in the municipal court. Such complaint shall 3868
state the essential elements of the offense charged and the 3869
statute or ordinance relied upon. Such complaint shall not be 3870
required to conclude with a general averment that the offense is 3871
against the peace and dignity of the state or in violation of the 3872
ordinances of the municipality. He may sit as a committing court 3873
in all felonies committed within the municipality, and he shall 3874
have the power to bind over the accused to the grand jury or to 3875
appear before the proper court having jurisdiction to try the 3876
same, and to set the amount of bail or refuse bail and commit the 3877
accused to jail in cases not bailable. The municipal judge is a 3878
conservator of the peace within his municipality. He may conduct 3879
preliminary hearings in all violations of the criminal laws of 3880
this state occurring within the municipality, and any person 3881
arrested for a violation of law within the municipality may be 3882
brought before him for initial appearance. The municipal court 3883
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shall have jurisdiction of any case remanded to it by a circuit 3884
court grand jury. The municipal court shall have civil 3885
jurisdiction over actions filed pursuant to and as provided in 3886
Title 93, Chapter 21, Mississippi Code of 1972, the Protection 3887
from Domestic Abuse Act. 3888
(2) In the discretion of the court, where the objects of 3889
justice would be more likely met, as an alternative to imposition 3890
or payment of fine and/or incarceration, the municipal judge shall 3891
have the power to sentence convicted offenders to work on a public 3892
service project where the court has established such a program of 3893
public service by written guidelines filed with the clerk for 3894
public record. Such programs shall provide for reasonable 3895
supervision of the offender and the work shall be commensurate 3896
with the fine and/or incarceration that would have ordinarily been 3897
imposed. Such program of public service may be utilized in the 3898
implementation of the provisions of Section 99-19-20, and public 3899
service work thereunder may be supervised by persons other than 3900
the sheriff. 3901
(3) The municipal judge may solemnize marriages, take oaths, 3902
affidavits and acknowledgments, and issue orders, subpoenas, 3903
summonses, citations, warrants for search and arrest upon a 3904
finding of probable cause, and other such process under seal of 3905
the court to any county or municipality, in a criminal case, to be 3906
executed by the lawful authority of the county or the municipality 3907
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of the respondent, and enforce obedience thereto. The absence of 3908
a seal shall not invalidate the process. 3909
(4) When a person shall be charged with an offense in 3910
municipal court punishable by confinement, the municipal judge, 3911
being satisfied that such person is an indigent person and is 3912
unable to employ counsel, may, in the discretion of the court, 3913
appoint counsel from the membership of The Mississippi Bar 3914
residing in his county who shall represent him. Compensation for 3915
appointed counsel in criminal cases shall be approved and allowed 3916
by the municipal judge and shall be paid by the municipality. The 3917
maximum compensation shall not exceed Two Hundred Dollars 3918
($200.00) for any one (1) case. The governing authorities of a 3919
municipality may, in their discretion, appoint a public 3920
defender(s) who must be a licensed attorney and who shall receive 3921
a salary to be fixed by the governing authorities. 3922
(5) The municipal judge of any municipality is hereby 3923
authorized to suspend the sentence and to suspend the execution of 3924
the sentence, or any part thereof, on such terms as may be imposed 3925
by the municipal judge. However, the suspension of imposition or 3926
execution of a sentence hereunder may not be revoked after a 3927
period of two (2) years. The municipal judge shall have the power 3928
to establish and operate a probation program, dispute resolution 3929
program and other practices or procedures appropriate to the 3930
judiciary and designed to aid in the administration of justice. 3931
Any such program shall be established by the court with written 3932
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policies and procedures filed with the clerk of the court for 3933
public record. Subsequent to original sentencing, the municipal 3934
judge, in misdemeanor cases, is hereby authorized to suspend 3935
sentence and to suspend the execution of a sentence, or any part 3936
thereof, on such terms as may be imposed by the municipal judge, 3937
if (a) the judge or his or her predecessor was authorized to order 3938
such suspension when the sentence was originally imposed; and (b) 3939
such conviction (i) has not been appealed; or (ii) has been 3940
appealed and the appeal has been voluntarily dismissed. 3941
(6) Upon prior notice to the municipal prosecuting attorney 3942
and upon a showing in open court of rehabilitation, good conduct 3943
for a period of two (2) years since the last conviction in any 3944
court and that the best interest of society would be served, the 3945
court may, in its discretion, order the record of conviction of a 3946
person of any or all misdemeanors in that court expunged, and upon 3947
so doing the said person thereafter legally stands as though he 3948
had never been convicted of the said misdemeanor(s) and may 3949
lawfully so respond to any query of prior convictions. This order 3950
of expunction does not apply to the confidential records of law 3951
enforcement agencies and has no effect on the driving record of a 3952
person maintained under Title 63, Mississippi Code of 1972, or any 3953
other provision of said Title 63. 3954
(7) Notwithstanding the provisions of subsection (6) of this 3955
section, a person who was convicted in municipal court of a 3956
misdemeanor before reaching his twenty-third birthday, excluding 3957
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conviction for a traffic violation, and who is a first offender, 3958
may utilize the provisions of Section 99-19-71, to expunge such 3959
misdemeanor conviction. 3960
(8) In the discretion of the court, a plea of nolo 3961
contendere may be entered to any charge in municipal court. Upon 3962
the entry of a plea of nolo contendere the court shall convict the 3963
defendant of the offense charged and shall proceed to sentence the 3964
defendant according to law. The judgment of the court shall 3965
reflect that the conviction was on a plea of nolo contendere. An 3966
appeal may be made from a conviction on a plea of nolo contendere 3967
as in other cases. 3968
(9) Upon execution of a sworn complaint charging a 3969
misdemeanor, the municipal court may, in its discretion and in 3970
lieu of an arrest warrant, issue a citation requiring the 3971
appearance of the defendant to answer the charge made against him. 3972
On default of appearance, an arrest warrant may be issued for the 3973
defendant. The clerk of the court or deputy clerk may issue such 3974
citations. 3975
(10) The municipal court shall have the power to make rules 3976
for the administration of the court's business, which rules, if 3977
any, shall be in writing filed with the clerk of the court and 3978
shall include the enactment of rules related to the court's 3979
authority to issue domestic abuse protection orders pursuant to 3980
Section 93-21-1 et seq. 3981
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(11) The municipal court shall have the power to impose 3982
punishment of a fine of not more than One Thousand Dollars 3983
($1,000.00) or six (6) months imprisonment, or both, for contempt 3984
of court. The municipal court may have the power to impose 3985
reasonable costs of court, not in excess of the following: 3986
Dismissal of any affidavit, complaint or charge 3987
in municipal court........................................ $ 50.00 3988
Suspension of a minor's driver's license in lieu of 3989
conviction................................................ $ 50.00 3990
Service of scire facias or return "not found"........ $ 20.00 3991
Causing search warrant to issue or causing 3992
prosecution without reasonable cause or refusing to 3993
cooperate after initiating action......................... $ 100.00 3994
Certified copy of the court record................... $ 5.00 3995
Service of arrest warrant for failure to answer 3996
citation or traffic summons............................... $ 25.00 3997
Jail cost per day - actual jail cost paid by the municipality 3998
but not to exceed........................................ $ 35.00 3999
Service of court documents related to the filing 4000
of a petition or issuance of a protection from domestic 4001
abuse order under Title 93, Chapter 21, Mississippi Code of 4002
1972 ..................................................... $ 25.00 4003
Any other item of court cost......................... $ 50.00 4004
No filing fee or such cost shall be imposed for the bringing 4005
of an action in municipal court. 4006
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(12) A municipal court judge shall not dismiss a criminal 4007
case but may transfer the case to the justice court of the county 4008
if the municipal court judge is prohibited from presiding over the 4009
case by the Canons of Judicial Conduct and provided that venue and 4010
jurisdiction are proper in the justice court. Upon transfer of 4011
any such case, the municipal court judge shall give the municipal 4012
court clerk a written order to transmit the affidavit or complaint 4013
and all other records and evidence in the court's possession to 4014
the justice court by certified mail or to instruct the arresting 4015
officer to deliver such documents and records to the justice 4016
court. There shall be no court costs charged for the transfer of 4017
the case to the justice court. 4018
(13) A municipal court judge shall expunge the record of any 4019
case in which an arrest was made, the person arrested was released 4020
and the case was dismissed or the charges were dropped, there was 4021
no disposition of such case or the person was found not guilty at 4022
trial. 4023
(14) For violations of municipal ordinances related to real 4024
property, the municipal judge shall have the power to order a 4025
defendant to remedy violations within a reasonable time period as 4026
set by the judge, and at the discretion of the judge, the judge 4027
may simultaneously authorize the municipality, at its request, the 4028
option to remedy the violation itself, through the use of its own 4029
employees or its contractors, without further notice should the 4030
defendant fail to fully do so within the time period set by the 4031
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judge. Subsequent to the municipality remedying the violation, 4032
the municipality may petition the court to assess documented 4033
cleanup costs to the defendant, and, if, following a hearing on 4034
such petition, the judge determines (a) the violations were not 4035
remedied by the defendant within the time required by the court, 4036
(b) that the municipality remedied the violation itself after such 4037
time period expired and (c) that the costs incurred by the 4038
municipality were reasonable, the court may assess the costs to 4039
the defendant as a judgement, which may be enrolled in the office 4040
of the circuit clerk. 4041
SECTION 80. This act shall take effect and be in force from 4042
and after July 1, 2026. 4043