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