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To: Corrections; Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives Scott, Eubanks
HOUSE BILL NO. 28
AN ACT TO AMEND SECTION 47-7-40, MISSISSIPPI CODE OF 1972, TO 1
PROVIDE THAT AN OFFENDER WHO IS ON PROBATION AND PAROLE MAY BE 2
AWARDED EARNED-DISCHARGE CREDIT IF HE OR SHE PARTICIPATES IN 3
FAITH-BASED ACTIVITIES OR FAITH-BASED SPONSORED ACTIVITIES; TO 4
REQUIRE CERTAIN REPORTING REQUIREMENTS IN ORDER FOR AN OFFENDER TO 5
RECEIVE SUCH CREDIT; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 47-7-40, Mississippi Code of 1972, is 8
amended as follows: 9
47-7-40. (1) The commissioner shall establish rules and 10
regulations for implementing the earned-discharge program that 11
allows offenders on probation and parole to reduce the period of 12
supervision for complying with conditions of probation. Such 13
rules and regulations shall also be established for discharge 14
credits earned pursuant to subsection (7) of this section. The 15
department shall have the authority to award earned-discharge 16
credits to all offenders placed on probation, parole, or 17
post-release supervision who are in compliance with the terms and 18
conditions of supervision. An offender serving a Mississippi 19
sentence for an eligible offense in any jurisdiction under the 20
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Interstate Compact for Adult Offender Supervision shall be 21
eligible for earned-discharge credits under this section. 22
Offenders shall not be denied earned-discharge credits solely 23
based on nonpayment of fees or fines if a hardship waiver has been 24
granted as provided in Section 47-7-49. 25
(2) In addition to the deduction allowed under subsection 26
(7) of this section, for each full calendar month of compliance 27
with the conditions of supervision, earned-discharge credits equal 28
to the number of days in that month shall be deducted from the 29
offender's sentence discharge date. Credits begin to accrue for 30
eligible offenders after the first full calendar month of 31
compliance supervision conditions. For the purposes of this 32
section, an offender is deemed to be in compliance with the 33
conditions of supervision if there was no violation of the 34
conditions of supervision. 35
(3) No earned-discharge credits may accrue for a calendar 36
month in which a violation report has been submitted, the offender 37
has absconded from supervision, the offender is serving a term of 38
imprisonment in a technical violation center, or for the months 39
between the submission of the violation report and the final 40
action on the violation report by the court or the board. 41
(4) Earned-discharge credits shall be applied to the 42
sentence within thirty (30) days of the end of the month in which 43
the credits were earned. At least every six (6) months, an 44
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offender who is serving a sentence eligible for earned-discharge 45
credits shall be notified of the current sentence discharge date. 46
(5) Once the combination of time served on probation, parole 47
or post-release supervision, and earned-discharge credits satisfy 48
the term of probation, parole, or post-release supervision, the 49
board or sentencing court shall order final discharge of the 50
offender. No less than sixty (60) days prior to the date of final 51
discharge, the department shall notify the sentencing court and 52
the board of the impending discharge. 53
(6) The department shall provide semiannually to the 54
Oversight Task Force the number and percentage of offenders who 55
qualify for earned discharge in one or more months of the year and 56
the average amount of credits earned within the year. 57
(7) (a) From and after July 1, 2026, any offender who is on 58
probation and parole, which includes the intensive supervision 59
program, may have his or her placement on probation and parole or 60
intensive supervision, as the case may be, reduced by 61
participating in faith-based activities or faith-based sponsored 62
activities. An offender may be awarded thirty (30) days' 63
reduction of supervision for each thirty (30) days of 64
participation in a faith-based activity or faith-based sponsored 65
activity. 66
(b) An offender who earns earned-discharge credit 67
pursuant to this section must have a designated leader of the 68
faith-based entity where the offender is participating in the 69
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ST: Parolees who participate in faith-based or
faith-based sponsored activities; authorize
reduction of time spent on probation.
faith-based activity or faith-based sponsored activity to provide 70
a monthly report by the 15th day of the month following the 71
offender's participation in the faith-based activity. Such report 72
must be provided to the commissioner of the Department of 73
Corrections who may apply the earned-discharged credits in the 74
time provided under subsection (4) of this section. The 75
department shall develop regulations to administer the provisions 76
of this subsection. 77
SECTION 2. This act shall take effect and be in force from 78
and after July 1, 2026. 79