Probation and parole officers under MS Department of Corrections; transfer to MS Department of Public Safety.

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To: Corrections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Barnett

COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 2042

AN ACT TO TRANSFER THE ADMINISTRATION OF PROBATION AND PAROLE 1
OFFICERS UNDER THE JURISDICTION OF THE DIVISION OF COMMUNITY 2
CORRECTIONS OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO THE 3
MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY; TO DIRECT THE MISSISSIPPI 4
DEPARTMENT OF CORRECTIONS AND THE MISSISSIPPI DEPARTMENT OF PUBLIC 5
SAFETY TO DEVELOP A PLAN FOR THIS TRANSFER OVER A TWO-YEAR PERIOD; 6
TO AMEND SECTION 47-7-9, MISSISSIPPI CODE OF 1972, TO DEFINE THE 7
POWERS, DUTIES AND QUALIFICATIONS OF PROBATION AND PAROLE OFFICERS 8
AS SWORN LAW ENFORCEMENT OFFICERS OF THE MISSISSIPPI HIGHWAY 9
PATROL; TO AMEND SECTIONS 45-1-2 AND 47-7-53, MISSISSIPPI CODE OF 10
1972, TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY TO 11
ADMINISTER AND SUPERVISE PROBATION AND PAROLE OFFICERS ASSIGNED TO 12
CIRCUIT COURT DISTRICTS AND TO ESTABLISH A DIVISION OF COMMUNITY 13
CORRECTIONS WITHIN THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY; TO 14
AMEND SECTIONS 45-1-3, 45-1-12, 47-7-17, 47-7-18, 47-7-19, 15
47-7-21, 47-7-23, 47-7-27, 47-7-31, 47-7-33, 47-7-33.1, 47-7-34, 16
47-7-35, 47-7-36, 47-7-36.1, 47-7-37, 47-7-38, 47-7-39, 47-7-40, 17
47-7-41, 47-7-47, 47-7-49 AND 47-7-51, MISSISSIPPI CODE OF 1972, 18
IN CONFORMITY THERETO; AND FOR RELATED PURPOSES. 19
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 20
SECTION 1. Effective July 1, 2028, the administration, 21
employment and supervision of the probation and parole officers 22
under the direction and supervision of the Division of Community 23
Corrections of the Mississippi Department of Corrections shall be 24
transferred to the Mississippi Department of Public Safety. The 25
Commissioner of Corrections and the Commissioner of Public Safety 26
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shall, on or before January 1, 2027, jointly develop and submit to 27
the Legislature and the Governor a plan to transfer the 28
administration of probation and parole officers to the Mississippi 29
Department of Public Safety over a two-year period to be effective 30
July 1, 2028, with recommendations for necessary legislation. In 31
developing the plan for transfer of probation and parole officers, 32
the commissioners are authorized to contract with any governmental 33
or nongovernmental entity, and may fully utilize existing 34
expertise currently available with the Federal Bureau of Prisons 35
and the Law Enforcement Assistance Administration to the end that 36
the State of Mississippi shall have an efficient, modern and 37
properly secure state correctional post-conviction system. The 38
Commissioner of Corrections and the Commissioner of Public Safety 39
are authorized to receive and disburse private and public funds 40
and grants which may be available for correctional, offender 41
rehabilitation purposes and related purposes to develop and submit 42
this transfer plan. The plan developed by the commissioners shall 43
provide a time schedule for the orderly, efficient and deliberate 44
transfer of the administration and supervision of probation and 45
parole officers and supportive functions so as to minimize the 46
basic cost for such transfer. The Commissioner of Corrections and 47
the Commissioner of Public Safety are authorized to jointly 48
promulgate rules and regulations to implement this two-year 49
transfer and reorganization plan, and to provide for the exchange 50
of information between the Department of Corrections, the 51
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Department of Public Safety and the appropriate circuit court, as 52
necessary to calculate and transmit information regarding offender 53
earned time and parole eligibility, and unsupervised parole. The 54
commissioners shall develop and submit a report to the 2027 55
Legislature which shows the progress in implementing the transfer 56
and reorganization plan by July 1, 2028. 57
SECTION 2. Section 47-7-9, Mississippi Code of 1972, is 58
amended as follows: 59
47-7-9. (1) Probation and parole officers are sworn law 60
enforcement officers of the Mississippi Department of Public 61
Safety, assigned to court districts, who supervise offenders on 62
probation and/or parole ensuring they reintegrate into society and 63
follow court-set conditions, in order to protect the community and 64
reduce the risk of crime. Probation officers intervene with 65
offenders who have been sentenced to probation as an alternative 66
to incarceration, and involves community-based supervision where 67
offenders live in their communities under specific conditions. 68
Parole officers intervene with offenders who have been released 69
from prison after a period of imprisonment into the community with 70
conditions, before completing their full sentences, in order to 71
transition from incarceration to community life. A probation or 72
parole officer must, as a minimum qualification, hold at least a 73
law enforcement professional certification within six (6) months 74
of employment by the department. 75
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( * * *2) The circuit judges and county judges in the 76
districts to which the Mississippi Department of Public Safety 77
Division of Community Corrections personnel have been assigned 78
shall have the power to request of the department transfer or 79
removal of the division personnel from their court. 80
( * * *3) (a) * * * Probation and parole officers with the 81
Division of Community Corrections of the Mississippi Department of 82
Public Safety shall investigate all cases referred to them for 83
investigation by the State Parole Board, the division or by any 84
court in which they are authorized to serve. They shall furnish 85
to each person released under their supervision a written 86
statement of the conditions of probation, parole, earned-release 87
supervision, post-release supervision or suspension and shall 88
instruct the person regarding the same. They shall administer a 89
risk and needs assessment on each person under their supervision 90
to measure criminal risk factors and individual needs. They shall 91
use the results of the risk and needs assessment to guide 92
supervision responses consistent with evidence-based practices as 93
to the level of supervision and the practices used to reduce 94
recidivism. They shall develop a supervision plan for each person 95
assessed as moderate to high risk to reoffend. They shall keep 96
informed concerning the conduct and conditions of persons under 97
their supervision and use all suitable methods that are consistent 98
with evidence-based practices to aid and encourage them and to 99
bring about improvements in their conduct and condition and to 100
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reduce the risk of recidivism. They shall keep detailed records 101
of their work and shall make such reports in writing as the court 102
or the board may require. 103
(b) * * * Probation and parole officers under the 104
Division of Community Corrections shall complete annual training 105
on evidence-based practices and criminal risk factors, as well as 106
instructions on how to target these factors to reduce recidivism. 107
(c) * * * Probation and parole officers under the 108
Division of Community Corrections duly assigned to court districts 109
are hereby vested with all the powers of police officers or 110
sheriffs to make arrests or perform any other duties required of 111
policemen or sheriffs which may be incident to the division 112
personnel responsibilities. All probation and parole officers 113
hired on or after July 1, 1994, will be placed in the Law 114
Enforcement Officers Training Program and will be required to meet 115
the standards outlined by that program. 116
(d) It is the intention of the Legislature that insofar 117
as practicable the case load of each * * * probation and parole 118
officer under the Division of Community Corrections supervising 119
offenders in the community (hereinafter field supervisor) shall 120
not exceed the number of cases that may be adequately handled. 121
(3) (a) * * * Probation and parole officers under the 122
Division of Community Corrections shall be provided to perform 123
investigation for the court as provided in this subsection. * * * 124
Probation and parole officers under the Division of Community 125
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Corrections shall conduct presentence investigations on all 126
persons convicted of a felony in any circuit court of the state, 127
prior to sentencing and at the request of the circuit court judge 128
of the court of conviction. The presentence evaluation report 129
shall consist of a complete record of the offender's criminal 130
history, educational level, employment history, psychological 131
condition and such other information as the department or judge 132
may deem necessary. * * * Probation and parole officers with the 133
Division of Community Corrections shall also prepare written 134
victim impact statements at the request of the sentencing judge as 135
provided in Section 99-19-157. 136
(b) In order that offenders in the custody of the 137
Mississippi Department of Corrections on July 1, * * * 2028, may 138
benefit from the kind of evaluations authorized in this section, 139
an evaluation report to consist of the information required 140
hereinabove, supplemented by an examination of an offender's 141
record while in custody, shall be compiled by the * * * probation 142
and parole officers of the Division of Community Corrections upon 143
all offenders in the custody of the department on July 1, * * * 144
2028. After a study of such reports by the State Parole Board 145
those cases which the board believes would merit some type of 146
executive clemency shall be submitted by the board to the Governor 147
with its recommendation for the appropriate executive action. 148
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(c) The * * * Mississippi Department of Corrections and 149
the Mississippi Department of Public Safety are authorized to 150
accept gifts, grants and subsidies to conduct this activity. 151
(4) Wherever the term "personnel of the Division of 152
Community Corrections of the Mississippi Department of 153
Corrections" appears in the laws or statutes, it shall be 154
construed to mean the "probation and parole officers of the 155
Mississippi Department of Public Safety." 156
SECTION 3. Section 47-7-53, Mississippi Code of 1972, is 157
amended as follows: 158
47-7-53. If the Parole Board is abolished, the Department of 159
Corrections shall assume and exercise all the duties, powers and 160
responsibilities of the State Parole Board. The Commissioner of 161
Corrections and the Commissioner of Public Safety may assign to 162
the appropriate officers and divisions any powers and duties 163
deemed appropriate to carry out the duties and powers of the 164
Parole Board. Wherever the terms "State Parole Board" or "Parole 165
Board" appear in any state law, they shall mean the Department of 166
Corrections or the Department of Public Safety, as the case may 167
be. 168
SECTION 4. Section 45-1-2, Mississippi Code of 1972, is 169
amended as follows: 170
45-1-2. (1) The Executive Director of the Department of 171
Public Safety shall be the Commissioner of Public Safety. 172
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(2) The Commissioner of Public Safety shall establish the 173
organizational structure of the Department of Public Safety, which 174
shall include the creation of any units necessary to implement the 175
duties assigned to the department and consistent with specific 176
requirements of law including, but not limited to: 177
(a) Office of Public Safety Planning; 178
(b) Office of Mississippi Highway Safety Patrol; 179
(c) Office of Mississippi Bureau of Investigation (to 180
be directed by a Lieutenant Colonel of the Mississippi Highway 181
Safety Patrol); 182
(d) Office of Forensic Laboratories, which includes the 183
Mississippi Forensics Laboratory and the Office of the State 184
Medical Examiner; 185
(e) Office of Law Enforcement Officers' Training 186
Academy; 187
(f) Office of Support Services; 188
(g) Office of Narcotics, which shall be known as the 189
Bureau of Narcotics; 190
(h) Office of Homeland Security; 191
(i) Office of Capitol Police; 192
(j) Office of Driver Service Bureau; * * * 193
(k) Office of Commercial Transportation Enforcement 194
Division * * *; and 195
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(l) Office of Community Corrections, which shall 196
administer probation and parole officers transferred pursuant to 197
this act. 198
(3) The department shall be headed by a commissioner, who 199
shall be appointed by and serve at the pleasure of the Governor. 200
The appointment of the commissioner shall be made with the advice 201
and consent of the Senate. The commissioner shall have, at a 202
minimum, a bachelor's degree from an accredited college or 203
university. 204
(4) Notwithstanding any provision of law to the contrary, 205
the commissioner shall appoint heads of offices, who shall serve 206
at the pleasure of the commissioner. The commissioner shall have 207
the authority to organize the offices established by subsection 208
(2) of this section as deemed appropriate to carry out the 209
responsibilities of the department. The commissioner may assign 210
to the appropriate offices such powers and duties as deemed 211
appropriate to carry out the department's lawful functions. The 212
organization charts of the department shall be presented annually 213
with the budget request of the Governor for review by the 214
Legislature. 215
(5) The commissioner shall appoint, from within the 216
Department of Public Safety, a statewide safety training officer 217
who shall serve at the pleasure of the commissioner and whose duty 218
it shall be to perform public training for both law enforcement 219
and private persons throughout the state concerning proper 220
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emergency response to the mentally ill, terroristic threats or 221
acts, domestic conflict, other conflict resolution, and such other 222
matters as the commissioner may direct. 223
(6) The commissioner, after consultation with the 224
Mississippi Association of Chiefs of Police and the Mississippi 225
Sheriffs' Association, shall be responsible for establishing 226
guidelines for response to active shooter situations and any 227
related jurisdictional issues. 228
(7) The commissioner shall establish within the department 229
the Mississippi Office of Homeland Security for the purpose of 230
seeing that the laws are faithfully executed and for the purpose 231
of investigating cyber-related crimes and suppressing crimes of 232
violence and acts of intimidation and terror. The commissioner is 233
hereby authorized to employ within the Office of Homeland Security 234
a director, investigators and other qualified personnel as he may 235
deem necessary to make investigation of cyber-related crimes, 236
crimes of violence and acts of terrorism or intimidation, to aid 237
in the arrest and prosecution of persons charged with such 238
cyber-related crimes, crimes of violence, acts of terrorism or 239
intimidation, or threats of violence and to perform other duties 240
as necessary to accomplish these purposes. Investigators and 241
other law enforcement personnel employed by the commissioner shall 242
have full power to investigate, apprehend, and arrest persons 243
committing cyber-related crimes, acts of violence, intimidation, 244
or terrorism anywhere in the state, and shall be vested with the 245
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power of police officers in the performance of such duties as 246
provided herein. Such investigators and other personnel shall 247
perform their duties under the direction of the commissioner, or 248
his designee. The commissioner shall be authorized to offer and 249
pay suitable rewards to other persons for aiding in such 250
investigation and in the apprehension and conviction of persons 251
charged with cyber-related crimes, acts of violence, or threats of 252
violence, or intimidation, or acts of terrorism. 253
(8) The commissioner shall establish within the Office of 254
Homeland Security a Mississippi Analysis and Information Center 255
(MSAIC Fusion Center) which shall be the highest priority for the 256
allocation of available federal resources for statewide 257
information sharing, including the deployment of personnel and 258
connectivity with federal data systems. Subject to appropriation 259
therefor, the Mississippi Fusion Center shall employ three (3) 260
regional analysts dedicated to analyzing and resolving potential 261
threats identified by the agency's statewide social media 262
intelligence platform and the dissemination of school safety 263
information. 264
(9) The commissioner shall establish within the Office of 265
Community Corrections an administrative structure for the 266
employment, supervision and training of probation and parole 267
officers assigned to court districts transferred to the department 268
pursuant to the provisions of this act. 269
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SECTION 5. Section 45-1-3, Mississippi Code of 1972, is 270
amended as follows: 271
45-1-3. (1) When not otherwise specifically provided, the 272
commissioner is authorized to make and promulgate reasonable rules 273
and regulations to be coordinated, and carry out the general 274
provisions of the Highway Safety Patrol and Driver's License Law 275
of 1938. 276
(2) The commissioner shall have the authority to administer 277
oaths. 278
(3) Notwithstanding any other provision of law, with written 279
approval from the Executive Director of the Department of Finance 280
and Administration, the commissioner may enter into a lease or 281
sublease agreement for space in the Department of Public Safety 282
headquarters building with a third party for the purpose of 283
providing services and assistance to the department and its 284
employees. The proceeds received from the lease under this 285
subsection shall be paid to the State Treasurer for deposit into 286
the General Fund. 287
(4) The commissioner is authorized to make and promulgate 288
reasonable rules and regulations to effectuate the transfer of 289
probation and parole officers from the Mississippi Department of 290
Corrections to the Mississippi Department of Public Safety 291
pursuant to the provisions of this act. 292
SECTION 6. Section 45-1-12, Mississippi Code of 1972, is 293
amended as follows: 294
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45-1-12. (1) The salaries of all officers of the 295
Mississippi Highway Safety Patrol who have completed the course of 296
instruction in an authorized highway patrol training school on 297
general law enforcement, and are serving as a sworn officer of the 298
Highway Patrol in the enforcement of the laws of the State of 299
Mississippi, including service in any other division of the 300
Department of Public Safety, and the sworn law enforcement 301
officers of the Mississippi Bureau of Narcotics, shall be 302
determined and paid in accordance with the scale for officers 303
salaries as provided in this subsection: 304
Department of Public Safety Sworn Officers Salary Schedule 305
Rank Years of Experience 306
Less than 4 Over 4 Over 8 Over 12 307
Trooper 54,000 308
Trooper FC 57,000 309
Corporal 60,000 310
Sergeant 62,750 311
Rank Years of Experience 312
Over 16 Over 20 Over 24 Over 29 313
Staff Sgt. 65,750 314
Sr. Staff Sgt. 68,750 315
Sgt. 1st Class 72,000 75,000 316
Promotional Rank Years of Experience 317
Over 5 Over 10 Over 15 Over 20 Over 25 Over 29 318
Master Sgt. 68,750 71,500 74,500 77,500 80,500 83,250 319
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Lieutenant 78,500 81,500 84,500 87,500 90,500 93,500 320
Captain 91,500 95,000 98,250 101,500 104,500 321
* * * 322
Major 111,000 323
Lt. Colonel 120,500 324
Colonel 131,750 325
Department of Public Safety/MS Bureau of Narcotics 326
Sworn Officers Salary Schedule 327
Rank Years of Experience 328
Less than 4 Over 4 Over 8 Over 12 329
LE-Agent I 54,000 330
LE-Agent II 57,000 331
LE-Agent III 60,000 332
LE-Agent IV 62,750 333
Rank Years of Experience 334
Over 16 Over 20 Over 24 Over 29 335
LE-Agent V 65,750 336
LE-Agent VI 68,750 337
LE-Officer VII 72,000 338
LE-Officer VIII 75,000 339
Promotional Rank Years of Experience 340
Over 5 Over 10 Over 15 Over 20 Over 25 Over 29 341
Master Sgt. 68,750 71,500 74,500 77,500 80,500 83,250 342
Lieutenant 78,500 81,500 84,500 87,500 90,500 93,500 343
Captain 91,750 95,000 98,250 101,250 104,500 344
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* * * 345
Major 111,000 346
Lt. Colonel 120,500 347
Colonel 131,750 348
(2) All sworn officers in the Mississippi Highway Patrol and 349
the Mississippi Bureau of Narcotics employed on a full-time basis 350
shall be paid a salary in accordance with the above scale. 351
Notwithstanding any other provision of law to the contrary, any 352
rank of any sworn officer not based upon a merit-based promotion 353
or years of experience shall be at the will and pleasure of the 354
appointing authority as approved by the State Personnel Board. 355
The rank and years of experience of each sworn officer to be used 356
in establishing the salary shall be determined by the rank and 357
years of experience on July 1 of the current fiscal year. 358
(3) For purposes of applying the rank designation to the 359
above scale, the following job classifications of the State 360
Personnel Board shall be applicable for the Mississippi Highway 361
Patrol: 362
Rank Job Classes 363
(a) Trooper DPS-Highway Patrol Officer I 364
LE-Investigator II 365
(b) Trooper First Class DPS-Highway Patrol Officer II 366
LE-Investigator III 367
(c) Corporal DPS-Highway Patrol Officer III 368
LE-Investigator IV 369
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(d) Sergeant DPS-Highway Patrol Officer IV 370
LE-Investigator V 371
(e) Staff Sergeant DPS-Highway Patrol Officer V 372
(f) Senior Staff Sergeant DPS-Highway Patrol Officer VI 373
Tech Spec 374
(g) Master Sgt/Sgt. F/C DPS-Assistant Inspector 375
DPS-Highway Patrol Officer VII 376
DPS-Investigator I 377
DPS-Supv. Driver Serv. 378
(h) Lieutenant DPS-Air Operations Officer 379
DPS-Dir. Corr. Intelligence 380
DPS-Dist. Executive Officer 381
DPS-Regional Supv. Driver. Serv. 382
DPS-Branch Director 383
LE-Dir/Training 384
LE-Dist. Investigator 385
(i) Captain DPS-Staff Officer (MHP) 386
(j) Major DPS-Bureau Director II 387
(k) Lt. Colonel DPS-Deputy Administrator; 388
DPS-Chief of Staff 389
(l) Colonel/Chief of Patrol Dir-Office of MS Hwy Safety Patrol 390
(4) For purposes of applying the rank designation to the 391
above scale, the following job classifications of the State 392
Personnel Board shall be applicable for the Mississippi Bureau of 393
Narcotics: 394
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Rank Job Classes 395
(a) Agents LE-Agent I 396
LE-Agent II 397
LE-Agent III 398
LE-Agent IV 399
LE-Agent V 400
LE-Agent VI 401
(b) Lieutenant BN-District Investigator (LT) 402
(c) Captain BN-District Commander 403
(d) Major BN-Bureau Director II 404
Office Director I 405
(e) Lt. Colonel BN-Deputy Administrator 406
(f) Colonel Director, Bureau of Narcotics 407
(5) In any fiscal year after July 1, 2015, in the event the 408
Legislature provides across-the-board salary increases to state 409
employees whose compensation is paid from the State General Fund 410
and subject to specific appropriation therefor by the Legislature, 411
the State Personnel Board shall revise the salary scale above to 412
provide the same percentage or dollar amount increase as has been 413
appropriated for other state employees. 414
(6) It shall be the duty of the Mississippi Department of 415
Public Safety to file with the Legislative Budget Office and the 416
State Fiscal Officer such data and information as may be required 417
to enable the said Legislative Budget Office and State Fiscal 418
Officer to budget and distribute the funds necessary to compensate 419
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the sworn officers of the Department of Public Safety according to 420
the requirements of the salary scale. Such data and information 421
so filed may be revised from time to time as necessitated to 422
reflect the current number and experience of sworn officers 423
employed by the department. 424
(7) The Commissioner of Public Safety, with approval by the 425
State Personnel Board, is authorized to set the salaries equitably 426
of sworn law enforcement officers assigned to the Commercial 427
Transportation Enforcement Division, the Mississippi Bureau of 428
Investigation, * * * Capitol Police and probation and parole 429
officers of the Division of Community Corrections based upon the 430
pay scale contained in this section. 431
SECTION 7. Section 47-7-17, Mississippi Code of 1972, is 432
amended as follows: 433
47-7-17. (1) Within one (1) year after his admission and at 434
such intervals thereafter as it may determine, the board shall 435
secure and consider all pertinent information regarding each 436
offender, except any under sentence of death or otherwise 437
ineligible for parole, including the circumstances of his offense, 438
his previous social history, his previous criminal record, 439
including any records of law enforcement agencies or of a youth 440
court regarding that offender's juvenile criminal history, his 441
conduct, employment and attitude while in the custody of the 442
department, the case plan created to prepare the offender for 443
parole, and the reports of such physical and mental examinations 444
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as have been made. The board shall furnish at least three (3) 445
months' written notice to each such offender of the date on which 446
he is eligible for parole. 447
(2) Except as provided in Section 47-7-18, the board shall 448
require a parole-eligible offender to have a hearing as required 449
in this chapter before the board and to be interviewed. The 450
hearing shall be held no later than thirty (30) days prior to the 451
month of eligibility. No application for parole of a person 452
convicted of a capital offense shall be considered by the board 453
unless and until notice of the filing of such application shall 454
have been published at least once a week for two (2) weeks in a 455
newspaper published in or having general circulation in the county 456
in which the crime was committed. The board shall, within thirty 457
(30) days prior to the scheduled hearing, also give notice of the 458
filing of the application for parole to the victim of the offense 459
for which the prisoner is incarcerated and being considered for 460
parole or, in case the offense be homicide, a designee of the 461
immediate family of the victim, provided the victim or designated 462
family member has furnished in writing a current address to the 463
board for such purpose. The victim or designated family member 464
shall be provided an opportunity to be heard by the board before 465
the board makes a decision regarding release on parole. The board 466
shall consider whether any restitution ordered has been paid in 467
full. Parole release shall, at the hearing, be ordered only for 468
the best interest of society, not as an award of clemency; it 469
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shall not be considered to be a reduction of sentence or pardon. 470
An offender shall be placed on parole only when arrangements have 471
been made for his proper employment or for his maintenance and 472
care, and when the board believes that he is able and willing to 473
fulfill the obligations of a law-abiding citizen. When the board 474
determines that the offender will need transitional housing upon 475
release in order to improve the likelihood of the offender 476
becoming a law-abiding citizen, the board may parole the offender 477
with the condition that the inmate spends no more than six (6) 478
months in a transitional reentry center. At least fifteen (15) 479
days prior to the release of an offender on parole, the director 480
of records of the department shall give the written notice which 481
is required pursuant to Section 47-5-177. Every offender while on 482
parole shall remain in the legal custody of the department from 483
which he was released and shall be amenable to the orders of the 484
board. Upon determination by the board that an offender is 485
eligible for release by parole, notice shall also be given within 486
at least fifteen (15) days before release, by the board to the 487
victim of the offense or the victim's family member, as indicated 488
above, regarding the date when the offender's release shall occur, 489
provided a current address of the victim or the victim's family 490
member has been furnished in writing to the board for such 491
purpose. 492
(3) For any hearing where an offender has been convicted of 493
a crime of violence, as set out under Section 97-3-2 or any 494
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offense set out under Section 47-7-3(1)(a) through (g), the board 495
shall, within thirty (30) days prior to the scheduled hearing, 496
solicit the written or oral recommendations of the Attorney 497
General, the attorney who prosecuted the case, the judge who 498
presided over the case, the chief of police of the municipality 499
where the offender was convicted and the sheriff of the county 500
where the offender was convicted, and the probation and parole 501
officers of the Division of Community Corrections assigned to the 502
case. 503
(4) The board shall, within thirty (30) days prior to the 504
scheduled hearing, also give written or electronic notice of the 505
filing of the application for parole to the attorney who 506
prosecuted the case, the judge who presided over the case, the 507
chief of police of the municipality where the offender was 508
convicted and the sheriff of the county where the offender was 509
convicted, and the probation and parole officers of the Division 510
of Community Corrections assigned to the case. 511
(5) If the attorney who prosecuted the case or the judge who 512
presided over the case is not living or serving, solicitation for 513
recommendations under subsection (3) and notice under subsection 514
(4) shall be given to the district attorney and one (1) of the 515
judges of the court in which the offender was convicted. 516
(6) Failure to provide notice to the victim or the victim's 517
family member of the filing of the application for parole or of 518
any decision made by the board regarding parole shall not 519
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constitute grounds for vacating an otherwise lawful parole 520
determination nor shall it create any right or liability, civilly 521
or criminally, against the board or any member thereof. 522
(7) A letter of protest against granting an offender parole 523
shall not be treated as the conclusive and only reason for not 524
granting parole. 525
(8) The board may adopt such other rules not inconsistent 526
with law as it may deem proper or necessary with respect to the 527
eligibility of offenders for parole, the conduct of parole 528
hearings, or conditions to be imposed upon parolees, including a 529
condition that the parolee submit, as provided in Section 47-5-601 530
to any type of breath, saliva or urine chemical analysis test, the 531
purpose of which is to detect the possible presence of alcohol or 532
a substance prohibited or controlled by any law of the State of 533
Mississippi or the United States. The board shall have the 534
authority to adopt rules related to the placement of certain 535
offenders on unsupervised parole and for the operation of 536
transitional reentry centers. However, in no case shall an 537
offender be placed on unsupervised parole before he has served a 538
minimum of fifty percent (50%) of the period of supervised parole. 539
SECTION 8. Section 47-7-18, Mississippi Code of 1972, is 540
amended as follows: 541
47-7-18 (1) No inmate convicted of a sex offense as defined 542
by Section 45-33-23(h), a crime of violence as defined by Section 543
97-3-2, or both, nor an inmate who is eligible for geriatric 544
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parole shall be released on parole without a hearing before the 545
Parole Board as required by Section 47-7-17. All other inmates 546
eligible for parole pursuant to Section 47-7-3 shall be released 547
from incarceration to parole supervision on the inmate's 548
parole-eligibility date, without a hearing before the board, if: 549
(a) The inmate has met the requirements of the parole 550
case plan established pursuant to Section 47-7-3.1; 551
(b) A victim of the offense has not requested the board 552
conduct a hearing; 553
(c) The inmate has not received a serious or major 554
violation report within the past six (6) months; 555
(d) The inmate has agreed to the conditions of 556
supervision; and 557
(e) The inmate has a discharge plan approved by the 558
board. 559
(2) At least thirty (30) days prior to an inmate's parole 560
eligibility date, the * * * probation and parole officers of the 561
Division of Community Corrections of the Department of Public 562
Safety shall notify the board in writing of the inmate's 563
compliance or noncompliance with the case plan. If an inmate 564
fails to meet a requirement of the case plan, prior to the parole 565
eligibility date, he or she shall have a hearing before the board 566
to determine if completion of the case plan can occur while in the 567
community. 568
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(3) Any inmate for whom there is insufficient information 569
for the * * * probation and parole officers of the Division of 570
Community Corrections to determine compliance with the case plan 571
shall have a hearing with the board. 572
(4) A hearing shall be held with the board if requested by 573
the victim following notification of the inmate's parole release 574
date pursuant to Section 47-7-17. 575
(5) A hearing shall be held by the board if a law 576
enforcement official from the community to which the inmate will 577
return contacts the board or the * * * probation and parole 578
officers of the Division of Community Corrections and requests a 579
hearing to consider information relevant to public safety risks 580
posed by the inmate if paroled at the initial parole eligibility 581
date. The law enforcement official shall submit an explanation 582
documenting these concerns for the board to consider. 583
(6) If a parole hearing is held, the board may determine the 584
inmate has sufficiently complied with the case plan or that the 585
incomplete case plan is not the fault of the inmate and that 586
granting parole is not incompatible with public safety, the board 587
may then parole the inmate with appropriate conditions. If the 588
board determines that the inmate has sufficiently complied with 589
the case plan but the discharge plan indicates that the inmate 590
does not have appropriate housing immediately upon release, the 591
board may parole the inmate to a transitional reentry center with 592
the condition that the inmate spends no more than six (6) months 593
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in the center. If the board determines that the inmate has not 594
substantively complied with the requirement(s) of the case plan it 595
may deny parole. If the board denies parole, the board may 596
schedule a subsequent parole hearing and, if a new date is 597
scheduled, the board shall identify the corrective action the 598
inmate will need to take in order to be granted parole. Any 599
inmate not released at the time of the inmate's initial parole 600
date shall have a parole hearing at least every year. 601
SECTION 9. Section 47-7-19, Mississippi Code of 1972, is 602
amended as follows: 603
47-7-19. It shall be the duty of all correctional system 604
officials and probation and parole officers of the Division of 605
Community Corrections to grant to the members of the board or its 606
properly accredited representatives, access at all reasonable 607
times to any person over whom the board may have jurisdiction 608
under this chapter; to provide for the board or such 609
representatives facilities for communicating with and observing 610
the offender; and to furnish to the board such reports as the 611
board shall require concerning the conduct and character of any 612
offender in the Department of Corrections custody and any other 613
facts deemed by the board pertinent in determining whether such 614
offender shall be paroled. 615
It shall be the duty of any judge, district attorney, county 616
attorney, police officer, or other public official of the state, 617
including probation and parole officers of the Division of 618
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Community Corrections, having information with reference to any 619
person eligible for parole, to send such information as may be in 620
his possession or under his control to the board, in writing, upon 621
request of any member or employee thereof. 622
SECTION 10. Section 47-7-21, Mississippi Code of 1972, is 623
amended as follows: 624
47-7-21. All information obtained in the discharge of 625
official duty by a field officer as an employee of the Department 626
of Corrections or a probation and parole officer of the Division 627
of Community Corrections of the Department of Public Safety shall 628
be privileged and shall not be disclosed directly or indirectly to 629
anyone other than to (a) the State Parole Board, (b) a judge, or 630
(c) law enforcement agencies when such information is relevant to 631
criminal activity. 632
SECTION 11. Section 47-7-23, Mississippi Code of 1972, is 633
amended as follows: 634
47-7-23. Except as otherwise provided by law, the Department 635
of Corrections and the Department of Public Safety shall jointly 636
have the power and duty to make rules for the conduct of persons 637
heretofore or hereafter placed on parole under the supervision of 638
the * * * probation and parole officers of the Division of 639
Community Corrections of the Department of Public Safety and for 640
the investigation and supervision of such persons, which 641
supervision may include a condition that such persons submit, as 642
provided in Section 47-5-601, to any type of breath, saliva or 643
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urine chemical analysis test, the purpose of which is to detect 644
the possible presence of alcohol or a substance prohibited or 645
controlled by any law of the State of Mississippi or the United 646
States. The Department of Corrections and the Department of 647
Public Safety shall not make any rules which shall be inconsistent 648
with the rules imposed by the State Parole Board pursuant to 649
Section 47-7-17 on offenders who are placed on unsupervised 650
parole. 651
SECTION 12. Section 47-7-27, Mississippi Code of 1972, is 652
amended as follows: 653
47-7-27. (1) The board may, at any time and upon a showing 654
of probable violation of parole, issue a warrant for the return of 655
any paroled offender to the custody of the department. The 656
warrant shall authorize all persons named therein to return the 657
paroled offender to actual custody of the department from which he 658
was paroled. 659
(2) Any field supervisor and/or any probation and parole 660
officer of the Division of Community Corrections of the 661
Mississippi Department of Public Safety may arrest an offender 662
without a warrant or may deputize any other person with power of 663
arrest by giving him a written statement setting forth that the 664
offender has, in the judgment of that field supervisor, violated 665
the conditions of his parole or earned-release supervision. The 666
written statement delivered with the offender by the arresting 667
officer to the official in charge of the department facility from 668
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which the offender was released or other place of detention 669
designated by the department shall be sufficient warrant for the 670
detention of the offender. 671
(3) The field supervisor and the probation and parole 672
officers of the Division of Community Corrections, after making an 673
arrest, shall present to the detaining authorities a similar 674
statement of the circumstances of violation. The field supervisor 675
shall at once notify the board or department of the arrest and 676
detention of the offender and shall submit a written report 677
showing in what manner the offender has violated the conditions of 678
parole or earned-release supervision. An offender for whose 679
return a warrant has been issued by the board shall, after the 680
issuance of the warrant, be deemed a fugitive from justice. 681
(4) Whenever an offender is arrested on a warrant for an 682
alleged violation of parole as herein provided, the board shall 683
hold an informal preliminary hearing within seventy-two (72) hours 684
to determine whether there is reasonable cause to believe the 685
person has violated a condition of parole. A preliminary hearing 686
shall not be required when the offender is not under arrest on a 687
warrant or the offender signed a waiver of a preliminary hearing. 688
The preliminary hearing may be conducted electronically. 689
(5) The right of the State of Mississippi to extradite 690
persons and return fugitives from justice, from other states to 691
this state, shall not be impaired by this chapter and shall remain 692
in full force and effect. An offender convicted of a felony 693
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committed while on parole, whether in the State of Mississippi or 694
another state, shall immediately have his parole revoked upon 695
presentment of a certified copy of the commitment order to the 696
board. If an offender is on parole and the offender is convicted 697
of a felony for a crime committed prior to the offender being 698
placed on parole, whether in the State of Mississippi or another 699
state, the offender may have his parole revoked upon presentment 700
of a certified copy of the commitment order to the board. 701
(6) (a) The board shall hold a hearing for any parolee who 702
is detained as a result of a warrant or a violation report within 703
twenty-one (21) days of the parolee's admission to detention. The 704
board may, in its discretion, terminate the parole or modify the 705
terms and conditions thereof. If the board revokes parole for one 706
or more technical violations the board shall impose a period of 707
imprisonment to be served in a technical violation center operated 708
by the department not to exceed ninety (90) days for the first 709
revocation and not to exceed one hundred twenty (120) days for the 710
second revocation. For the third revocation, the board may impose 711
a period of imprisonment to be served in a technical violation 712
center for up to one hundred * * * eighty (180) days or the board 713
may impose the remainder of the suspended portion of the sentence. 714
For the fourth and any subsequent revocation, the board may impose 715
up to the remainder of the suspended portion of the sentence. The 716
period of imprisonment in a technical violation center imposed 717
under this section shall not be reduced in any manner. 718
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(b) If the board does not hold a hearing or does not 719
take action on the violation within the twenty-one-day time frame 720
in paragraph (a) of this subsection, the parolee shall be released 721
from detention and shall return to parole status. The board may 722
subsequently hold a hearing and may revoke parole or may continue 723
parole and modify the terms and conditions of parole. If the 724
board revokes parole for one or more technical violations the 725
board shall impose a period of imprisonment to be served in a 726
technical violation center operated by the Mississippi Department 727
of Corrections not to exceed ninety (90) days for the first 728
revocation and not to exceed one hundred twenty (120) days for the 729
second revocation. For the third revocation, the board may impose 730
a period of imprisonment to be served in a technical violation 731
center for up to one hundred eighty (180) days or the board may 732
impose the remainder of the suspended portion of the sentence. 733
For the fourth and any subsequent revocation, the board may impose 734
up to the remainder of the suspended portion of the sentence. The 735
period of imprisonment in a technical violation center imposed 736
under this section shall not be reduced in any manner. 737
(c) For a parolee charged with one or more technical 738
violations who has not been detained awaiting the revocation 739
hearing, the board may hold a hearing within a reasonable time. 740
The board may revoke parole or may continue parole and modify the 741
terms and conditions of parole. If the board revokes parole for 742
one or more technical violations the board shall impose a period 743
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of imprisonment to be served in a technical violation center 744
operated by the department not to exceed ninety (90) days for the 745
first revocation and not to exceed one hundred twenty (120) days 746
for the second revocation. For the third revocation, the board 747
may impose a period of imprisonment to be served in a technical 748
violation center for up to one hundred eighty (180) days or the 749
board may impose the remainder of the suspended portion of the 750
sentence. For the fourth and any subsequent revocation, the board 751
may impose up to the remainder of the suspended portion of the 752
sentence. The period of imprisonment in a technical violation 753
center imposed under this section shall not be reduced in any 754
manner. 755
(7) Unless good cause for the delay is established in the 756
record of the proceeding, the parole revocation charge shall be 757
dismissed if the revocation hearing is not held within the thirty 758
(30) days of the issuance of the warrant. 759
(8) The chairman and each member of the board and the 760
designated parole revocation hearing officer may, in the discharge 761
of their duties, administer oaths, summon and examine witnesses, 762
and take other steps as may be necessary to ascertain the truth of 763
any matter about which they have the right to inquire. 764
(9) The board shall provide semiannually to the Oversight 765
Task Force the number of warrants issued for an alleged violation 766
of parole, the average time between detention on a warrant and 767
preliminary hearing, the average time between detention on a 768
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warrant and revocation hearing, the number of ninety-day sentences 769
in a technical violation center issued by the board, the number of 770
one-hundred-twenty-day sentences in a technical violation center 771
issued by the board, the number of one-hundred-eighty-day 772
sentences issued by the board, and the number and average length 773
of the suspended sentences imposed by the board in response to a 774
violation. 775
SECTION 13. Section 47-7-31, Mississippi Code of 1972, is 776
amended as follows: 777
47-7-31. Upon request of the Governor, the Department of 778
Corrections and/or any probation and parole officer of the 779
Division of Community Corrections of the Mississippi Department of 780
Public Safety shall investigate and report to him with respect to 781
any case of pardon, commutation of sentence, reprieve, furlough or 782
remission of fine or forfeiture. 783
Any attorney of record in the State of Mississippi 784
representing any person whose record is before the department 785
shall have the right to inspect such records on file with the 786
department or with any probation and parole officer of the 787
Division of Community Corrections of the Mississippi Department of 788
Public Safety. 789
SECTION 14. Section 47-7-33, Mississippi Code of 1972, is 790
amended as follows: 791
47-7-33. (1) When it appears to the satisfaction of any 792
circuit court or county court in the State of Mississippi having 793
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original jurisdiction over criminal actions, or to the judge 794
thereof, that the ends of justice and the best interest of the 795
public, as well as the defendant, will be served thereby, such 796
court, in termtime or in vacation, shall have the power, after 797
conviction or a plea of guilty, except in a case where a death 798
sentence or life imprisonment is the maximum penalty which may be 799
imposed, to suspend the imposition or execution of sentence, and 800
place the defendant on probation as herein provided, except that 801
the court shall not suspend the execution of a sentence of 802
imprisonment after the defendant shall have begun to serve such 803
sentence. In placing any defendant on probation, the court, or 804
judge, shall direct that such defendant be under the supervision 805
of the * * * probation and parole officers of the Division of 806
Community Corrections of the Mississippi Department of Public 807
Safety. 808
(2) When any circuit or county court places an offender on 809
probation, the court shall give notice to the Mississippi 810
Department of Corrections and to the Mississippi Department of 811
Public Safety within fifteen (15) days of the court's decision to 812
place the offender on probation. Notice shall be delivered to the 813
central office of the Mississippi Department of Corrections and to 814
the regional office of the * * * probation and parole officers of 815
the Division of Community Corrections of the Mississippi 816
Department of Public Safety which will be providing supervision to 817
the offender on probation. 818
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(3) When any circuit court or county court places a person 819
on probation in accordance with the provisions of this section and 820
that person is ordered to make any payments to his family, if any 821
member of his family whom he is ordered to support is receiving 822
public assistance through the State Department of Human Services, 823
the court shall order him to make such payments to the county 824
welfare officer of the county rendering public assistance to his 825
family, for the sole use and benefit of said family. 826
SECTION 15. Section 47-7-33.1, Mississippi Code of 1972, is 827
amended as follows: 828
47-7-33.1. (1) The department shall create a discharge plan 829
for any offender returning to the community, regardless of whether 830
the person will discharge from the custody of the department, or 831
is released on parole, pardon, or otherwise. At least ninety (90) 832
days prior to an offender's earliest release date, the * * * 833
Department of Corrections with the assistance of the probation and 834
parole officers of the Division of Community Corrections of the 835
Mississippi Department of Public Safety shall conduct a 836
pre-release assessment and complete a written discharge plan based 837
on the assessment results. The discharge plan for parole eligible 838
offenders shall be sent to the parole board at least thirty (30) 839
days prior to the offender's parole eligibility date for approval. 840
The board may suggest changes to the plan that it deems necessary 841
to ensure a successful transition. 842
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(2) The pre-release assessment shall identify whether an 843
inmate requires assistance obtaining the following basic needs 844
upon release: transportation, clothing and food, financial 845
resources, identification documents, housing, employment, 846
education, health care and support systems. The discharge plan 847
shall include information necessary to address these needs and the 848
steps being taken by the * * * Division of Community Corrections 849
to assist in this process, including an up-to-date version of the 850
information described in Section 63-1-309(4). Based on the 851
findings of the assessment, the * * * Department of Corrections 852
shall: 853
(a) Arrange transportation for inmates from the 854
correctional facility to their release destination; 855
(b) Ensure inmates have clean, seasonally appropriate 856
clothing, and provide inmates with a list of food providers and 857
other basic resources immediately accessible upon release; 858
(c) Ensure inmates have a provisional driver's license 859
issued pursuant to Title 63, Chapter 1, Article 7, Mississippi 860
Code of 1972, a regular driver's license if eligible, or a 861
state-issued identification card that is not a Department of 862
Corrections identification card; 863
(d) Assist inmates in identifying safe, affordable 864
housing upon release. If accommodations are not available, 865
determine whether temporary housing is available for at least ten 866
(10) days after release. If temporary housing is not available, 867
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the discharge plan shall reflect that satisfactory housing has not 868
been established and the person may be a candidate for 869
transitional reentry center placement; 870
(e) Refer inmates without secured employment to 871
employment opportunities; 872
(f) Provide inmates with contact information of a 873
health care facility/provider in the community in which they plan 874
to reside; 875
(g) Notify family members of the release date and 876
release plan, if the inmate agrees; and 877
(h) Refer inmates to a community or a faith-based 878
organization that can offer support within the first twenty-four 879
(24) hours of release. 880
(3) A written discharge plan shall be provided to the 881
offender and supervising probation officer or parole officer, if 882
applicable. 883
(4) A discharge plan created for a parole-eligible offender 884
shall also include supervision conditions and the intensity of 885
supervision based on the assessed risk to recidivate and whether 886
there is a need for transitional housing. The board shall approve 887
discharge plans before an offender is released on parole pursuant 888
to this chapter. 889
SECTION 16. Section 47-7-34, Mississippi Code of 1972, is 890
amended as follows: 891
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47-7-34. (1) When a court imposes a sentence upon a 892
conviction for any felony committed after June 30, 1995, the 893
court, in addition to any other punishment imposed if the other 894
punishment includes a term of incarceration in a state or local 895
correctional facility, may impose a term of post-release 896
supervision. However, the total number of years of incarceration 897
plus the total number of years of post-release supervision shall 898
not exceed the maximum sentence authorized to be imposed by law 899
for the felony committed. The defendant shall be placed under 900
post-release supervision provided by the probation and parole 901
officers of the Division of Community Corrections upon release 902
from the term of incarceration. The period of supervision shall 903
be established by the court. 904
(2) The period of post-release supervision shall be 905
conducted in the same manner as a like period of supervised 906
probation, including a requirement that the defendant shall abide 907
by any terms and conditions as the court may establish. Failure 908
to successfully abide by the terms and conditions shall be grounds 909
to terminate the period of post-release supervision and to 910
recommit the defendant to the correctional facility from which he 911
was previously released. Procedures for termination and 912
recommitment shall be conducted in the same manner as procedures 913
for the revocation of probation and imposition of a suspended 914
sentence as required pursuant to Section 47-7-37. 915
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(3) Post-release supervision programs shall be operated 916
through the probation and parole unit of the Division of Community 917
Corrections of the Mississippi Department of Public Safety. The 918
maximum amount of time that the Mississippi Department of * * * 919
Public Safety may supervise an offender on the post-release 920
supervision program is five (5) years. 921
SECTION 17. Section 47-7-35, Mississippi Code of 1972, is 922
amended as follows: 923
47-7-35. (1) The courts referred to in Section 47-7-33 or 924
47-7-34 shall determine the terms and conditions of probation or 925
post-release supervision provided by the Division of Community 926
Corrections of the Mississippi Department of Public Safety and may 927
alter or modify, at any time during the period of probation or 928
post-release supervision, the conditions and may include among 929
them the following or any other: 930
That the offender shall: 931
(a) Commit no offense against the laws of this or any 932
other state of the United States, or of any federal, territorial 933
or tribal jurisdiction of the United States; 934
(b) Avoid injurious or vicious habits; 935
(c) Avoid persons or places of disreputable or harmful 936
character; 937
(d) Report to the probation and parole officer as 938
directed; 939
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(e) Permit the probation and parole officer to visit 940
him at home or elsewhere; 941
(f) Work faithfully at suitable employment so far as 942
possible; 943
(g) Remain within a specified area; 944
(h) Pay his fine in one (1) or several sums; 945
(i) Support his dependents; 946
(j) Submit, as provided in Section 47-5-601, to any 947
type of breath, saliva or urine chemical analysis test, the 948
purpose of which is to detect the possible presence of alcohol or 949
a substance prohibited or controlled by any law of the State of 950
Mississippi or the United States; 951
(k) Register as a sex offender if so required under 952
Title 45, Chapter 33. 953
(2) When any court places a defendant on misdemeanor 954
probation, the court must cause to be conducted a search of the 955
probationer's name or other identifying information against the 956
registration information regarding sex offenders maintained under 957
Title 45, Chapter 33. The search may be conducted using the 958
Internet site maintained by the Department of Public Safety Sex 959
Offender Registry. 960
SECTION 18. Section 47-7-36, Mississippi Code of 1972, is 961
amended as follows: 962
47-7-36. (1) Any person who supervises an individual placed 963
on parole by the Parole Board or placed on probation by the court 964
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shall set the times and locations for meetings that are required 965
for parole or probation at such times and locations that are 966
reasonably designed to accommodate the work schedule of an 967
individual on parole or probation who is employed by another 968
person or entity. 969
(2) To effectuate the provisions of this section, the parole 970
officer or probation officer of the Division of Community 971
Corrections of the Mississippi Department of Public Safety may 972
utilize technology portals such as Skype, FaceTime or Google video 973
chat, or any other technology portal that allows communication 974
between the individual on parole or probation and the parole or 975
probation officer, as applicable, to occur simultaneously in real 976
time by voice and video in lieu of requiring a face-to-face in 977
person meeting of such individual and the parole or probation 978
officer, as applicable. For individuals who are self-employed, 979
the provisions of this subsection shall only apply with the 980
agreement of their supervising parole or probation officer. 981
(3) The * * * Commissioner of Public Safety through the 982
Division of Community Corrections shall promulgate rules and 983
regulations to implement the provisions of this section. The 984
rules and regulations promulgated by the * * * Division of 985
Community Corrections shall include, but are not limited to, 986
minimum standards and guidelines for the authorized technology and 987
how it may be used as well as standards for determining the 988
eligibility and suitability of an individual on parole or 989
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probation to meet his or her reporting requirements through the 990
use of such technology. The eligibility and suitability standards 991
shall include consideration of the severity of the individual's 992
underlying criminal conviction and such individual's criminal 993
history, supervision level, and past supervision history. 994
(4) This section shall not apply to offenders whose 995
employers comply with the requirements of Section 47-7-36.1(1). 996
SECTION 19. Section 47-7-36.1, Mississippi Code of 1972, is 997
amended as follows: 998
47-7-36.1 (1) Any employer of an offender may submit weekly 999
time cards, proof of employment and the results of any required 1000
drug tests to the person who supervises an individual placed on 1001
parole by the Parole Board or placed on probation by the court in 1002
lieu of the meeting requirement described in Section 47-7-36. 1003
(2) Any employer may withhold an amount from an offender's 1004
paycheck sufficient to cover the fees described in Section 47-7-49 1005
and pay the amount to the * * * Division of Community Corrections 1006
of the Mississippi Department of Public Safety monthly. 1007
(3) This section shall not apply to offenders who are 1008
self-employed. 1009
(4) The board shall coordinate with the Mississippi 1010
Department of Corrections and the Department of Public Safety to 1011
promulgate rules and regulations to administer this section. 1012
SECTION 20. Section 47-7-37, Mississippi Code of 1972, is 1013
amended as follows: 1014
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47-7-37. (1) The period of probation shall be fixed by the 1015
court, and may at any time be extended or terminated by the court, 1016
or judge in vacation. Such period with any extension thereof 1017
shall not exceed five (5) years, except that in cases of desertion 1018
and/or failure to support minor children, the period of probation 1019
may be fixed and/or extended by the court for so long as the duty 1020
to support such minor children exists. The time served on 1021
probation or post-release supervision may be reduced pursuant to 1022
Section 47-7-40. 1023
(2) At any time during the period of probation, the court, 1024
or judge in vacation, may issue a warrant for violating any of the 1025
conditions of probation or suspension of sentence and cause the 1026
probationer to be arrested. Any probation and parole officer of 1027
the Division of Community Corrections of the Mississippi 1028
Department of Public Safety may arrest a probationer without a 1029
warrant, or may deputize any other officer with power of arrest to 1030
do so by giving him a written statement setting forth that the 1031
probationer has, in the judgment of the probation and parole 1032
officer, violated the conditions of probation. Such written 1033
statement delivered with the probationer by the arresting officer 1034
to the official in charge of a county jail or other place of 1035
detention shall be sufficient warrant for the detention of the 1036
probationer. 1037
(3) Whenever an offender is arrested on a warrant for an 1038
alleged violation of probation as herein provided, the * * * 1039
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Division of Community Corrections of the Mississippi Department of 1040
Public Safety shall hold an informal preliminary hearing within 1041
seventy-two (72) hours of the arrest to determine whether there is 1042
reasonable cause to believe the person has violated a condition of 1043
probation. A preliminary hearing shall not be required when the 1044
offender is not under arrest on a warrant or the offender signed a 1045
waiver of a preliminary hearing. The preliminary hearing may be 1046
conducted electronically. If reasonable cause is found, the 1047
offender may be confined no more than twenty-one (21) days from 1048
the admission to detention until a revocation hearing is held. If 1049
the revocation hearing is not held within twenty-one (21) days, 1050
the probationer shall be released from custody and returned to 1051
probation status. 1052
(4) If a probationer or offender is subject to registration 1053
as a sex offender, the court must make a finding that the 1054
probationer or offender is not a danger to the public prior to 1055
release with or without bail. In determining the danger posed by 1056
the release of the offender or probationer, the court may consider 1057
the nature and circumstances of the violation and any new offenses 1058
charged; the offender or probationer's past and present conduct, 1059
including convictions of crimes and any record of arrests without 1060
conviction for crimes involving violence or sex crimes; any other 1061
evidence of allegations of unlawful sexual conduct or the use of 1062
violence by the offender or probationer; the offender or 1063
probationer's family ties, length of residence in the community, 1064
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employment history and mental condition; the offender or 1065
probationer's history and conduct during the probation or other 1066
supervised release and any other previous supervisions, including 1067
disciplinary records of previous incarcerations; the likelihood 1068
that the offender or probationer will engage again in a criminal 1069
course of conduct; the weight of the evidence against the offender 1070
or probationer; and any other facts the court considers relevant. 1071
(5) (a) The probation and parole officer after making an 1072
arrest shall present to the detaining authorities a similar 1073
statement of the circumstances of violation. The probation and 1074
parole officer shall at once notify the court of the arrest and 1075
detention of the probationer and shall submit a report in writing 1076
showing in what manner the probationer has violated the conditions 1077
of probation. Within twenty-one (21) days of arrest and detention 1078
by warrant as herein provided, the court shall cause the 1079
probationer to be brought before it and may continue or revoke all 1080
or any part of the probation or the suspension of sentence. If 1081
the court revokes probation for one or more technical violations, 1082
the court shall impose a period of imprisonment to be served in 1083
either a technical violation center or a restitution center not to 1084
exceed ninety (90) days for the first revocation and not to exceed 1085
one hundred twenty (120) days for the second revocation. For the 1086
third revocation, the court may impose a period of imprisonment to 1087
be served in either a technical violation center or a restitution 1088
center for up to one hundred eighty (180) days or the court may 1089
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impose the remainder of the suspended portion of the sentence. 1090
For the fourth and any subsequent revocation, the court may impose 1091
up to the remainder of the suspended portion of the sentence. The 1092
period of imprisonment in a technical violation center imposed 1093
under this section shall not be reduced in any manner. 1094
(b) If the offender is not detained as a result of the 1095
warrant, the court shall cause the probationer to be brought 1096
before it within a reasonable time and may continue or revoke all 1097
or any part of the probation or the suspension of sentence, and 1098
may cause the sentence imposed to be executed or may impose any 1099
part of the sentence which might have been imposed at the time of 1100
conviction. If the court revokes probation for one or more 1101
technical violations, the court shall impose a period of 1102
imprisonment to be served in either a technical violation center 1103
or a restitution center not to exceed ninety (90) days for the 1104
first revocation and not to exceed one hundred twenty (120) days 1105
for the second revocation. For the third revocation, the court 1106
may impose a period of imprisonment to be served in either a 1107
technical violation center or a restitution center for up to one 1108
hundred eighty (180) days or the court may impose the remainder of 1109
the suspended portion of the sentence. For the fourth and any 1110
subsequent revocation, the court may impose up to the remainder of 1111
the suspended portion of the sentence. The period of imprisonment 1112
in a technical violation center imposed under this section shall 1113
not be reduced in any manner. 1114
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(c) If the court does not hold a hearing or does not 1115
take action on the violation within the twenty-one-day period, the 1116
offender shall be released from detention and shall return to 1117
probation status. The court may subsequently hold a hearing and 1118
may revoke probation or may continue probation and modify the 1119
terms and conditions of probation. If the court revokes probation 1120
for one or more technical violations, the court shall impose a 1121
period of imprisonment to be served in either a technical 1122
violation center operated by the Mississippi Department of 1123
Corrections or a restitution center not to exceed ninety (90) days 1124
for the first revocation and not to exceed one hundred twenty 1125
(120) days for the second revocation. For the third revocation, 1126
the court may impose a period of imprisonment to be served in 1127
either a technical violation center or a restitution center for up 1128
to one hundred eighty (180) days or the court may impose the 1129
remainder of the suspended portion of the sentence. For the 1130
fourth and any subsequent revocation, the court may impose up to 1131
the remainder of the suspended portion of the sentence. The 1132
period of imprisonment in a technical violation center imposed 1133
under this section shall not be reduced in any manner. 1134
(d) For an offender charged with a technical violation 1135
who has not been detained awaiting the revocation hearing, the 1136
court may hold a hearing within a reasonable time. The court may 1137
revoke probation or may continue probation and modify the terms 1138
and conditions of probation. If the court revokes probation for 1139
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one or more technical violations the court shall impose a period 1140
of imprisonment to be served in either a technical violation 1141
center operated by the department or a restitution center not to 1142
exceed ninety (90) days for the first revocation and not to exceed 1143
one hundred twenty (120) days for the second revocation. For the 1144
third revocation, the court may impose a period of imprisonment to 1145
be served in either a technical violation center or a restitution 1146
center for up to one hundred eighty (180) days or the court may 1147
impose the remainder of the suspended portion of the sentence. 1148
For the fourth and any subsequent revocation, the court may impose 1149
up to the remainder of the suspended portion of the sentence. The 1150
period of imprisonment in a technical violation center imposed 1151
under this section shall not be reduced in any manner. 1152
(6) If the probationer is arrested in a circuit court 1153
district in the State of Mississippi other than that in which he 1154
was convicted, the probation and parole officer, upon the written 1155
request of the sentencing judge, shall furnish to the circuit 1156
court or the county court of the county in which the arrest is 1157
made, or to the judge of such court, a report concerning the 1158
probationer, and such court or the judge in vacation shall have 1159
authority, after a hearing, to continue or revoke all or any part 1160
of probation or all or any part of the suspension of sentence, and 1161
may in case of revocation proceed to deal with the case as if 1162
there had been no probation. In such case, the clerk of the court 1163
in which the order of revocation is issued shall forward a 1164
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transcript of such order to the clerk of the court of original 1165
jurisdiction, and the clerk of that court shall proceed as if the 1166
order of revocation had been issued by the court of original 1167
jurisdiction. Upon the revocation of probation or suspension of 1168
sentence of any offender, such offender shall be placed in the 1169
legal custody of the State Department of Corrections and shall be 1170
subject to the requirements thereof. 1171
(7) Any probationer who removes himself from the State of 1172
Mississippi without permission of the court placing him on 1173
probation, or the court to which jurisdiction has been 1174
transferred, shall be deemed and considered a fugitive from 1175
justice and shall be subject to extradition as now provided by 1176
law. No part of the time that one is on probation shall be 1177
considered as any part of the time that he shall be sentenced to 1178
serve. 1179
(8) The arresting officer, except when a probation and 1180
parole officer, shall be allowed the same fees as now provided by 1181
law for arrest on warrant, and such fees shall be taxed against 1182
the probationer and paid as now provided by law. 1183
(9) The arrest, revocation and recommitment procedures of 1184
this section also apply to persons who are serving a period of 1185
post-release supervision imposed by the court. 1186
(10) Unless good cause for the delay is established in the 1187
record of the proceeding, the probation revocation charge shall be 1188
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dismissed if the revocation hearing is not held within thirty (30) 1189
days of the warrant being issued. 1190
(11) The Department of Corrections and the Mississippi 1191
Department of Public Safety shall provide semiannually to the 1192
Oversight Task Force the number of warrants issued for an alleged 1193
violation of probation or post-release supervision, the average 1194
time between detention on a warrant and preliminary hearing, the 1195
average time between detention on a warrant and revocation 1196
hearing, the number of ninety-day sentences in a technical 1197
violation center issued by the court, the number of 1198
one-hundred-twenty-day sentences in a technical violation center 1199
issued by the court, the number of one-hundred-eighty-day 1200
sentences issued by the court, and the number and average length 1201
of the suspended sentences imposed by the court in response to a 1202
violation. 1203
SECTION 21. Section 47-7-38, Mississippi Code of 1972, is 1204
amended as follows: 1205
47-7-38. (1) The Mississippi Department of Corrections 1206
shall have the authority to impose graduated sanctions as an 1207
alternative to judicial modification or revocation, as provided in 1208
Sections 47-7-27 and 47-7-37, for offenders on probation, parole, 1209
or post-release supervision who commit technical violations of the 1210
conditions of supervision as defined by Section 47-7-2. 1211
(2) The * * * Mississippi Department of Corrections and the 1212
Department of Public Safety shall jointly develop a standardized 1213
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graduated sanctions system, which shall include a grid to guide 1214
field officers in determining the suitable response to a technical 1215
violation. The commissioner shall promulgate rules and 1216
regulations for the development and application of the system of 1217
sanctions. * * * Probation and parole officers of the Division of 1218
Community Corrections of the Mississippi Department of Public 1219
Safety shall be required to conform to the sanction grid 1220
developed. 1221
(3) The system of sanctions shall include a list of 1222
sanctions for the most common types of violations. When 1223
determining the sanction to impose, the * * * probation and parole 1224
officers shall take into account the offender's assessed risk 1225
level, previous violations and sanctions, and severity of the 1226
current and prior violations. 1227
(4) * * * Probation and parole officers shall notify the 1228
sentencing court when a probationer has committed a technical 1229
violation or the parole board when a parolee has committed a 1230
technical violation of the type of violation and the sanction 1231
imposed. When the technical violation is an arrest for a new 1232
criminal offense, the * * * probation and parole officers shall 1233
notify the court within forty-eight (48) hours of becoming aware 1234
of the arrest. 1235
(5) The graduated sanctions that the department may impose 1236
include, but shall not be limited to: 1237
(a) Verbal warnings; 1238
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(b) Increased reporting; 1239
(c) Increased drug and alcohol testing; 1240
(d) Mandatory substance abuse treatment; 1241
(e) Loss of earned-discharge credits; and 1242
(f) Incarceration in a county jail for no more than two 1243
(2) days. Incarceration as a sanction shall not be used more than 1244
two (2) times per month for a total period incarcerated of no more 1245
than four (4) days. 1246
(6) The system shall also define positive reinforcements 1247
that offenders will receive for compliance with conditions of 1248
supervision. These positive reinforcements shall include, but not 1249
limited to: 1250
(a) Verbal recognition; 1251
(b) Reduced reporting; and 1252
(c) Credits for earned discharge which shall be awarded 1253
pursuant to Section 47-7-40. 1254
(7) The Department of Corrections and the Department of 1255
Public Safety shall provide semiannually to the State Parole Board 1256
and the Oversight Task Force the number and percentage of 1257
offenders who have one or more violations during the year, the 1258
average number of violations per offender during the year and the 1259
total and average number of incarceration sanctions as defined in 1260
subsection (5) of this section imposed during the year. 1261
SECTION 22. Section 47-7-39, Mississippi Code of 1972, is 1262
amended as follows: 1263
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47-7-39. If, for good and sufficient reasons, a probationer 1264
desires to change his residence within or without the state, such 1265
transfer may be effected by application to his field supervisor or 1266
probation and parole officers which transfer shall be subject to 1267
the court's consent and subject to such regulations as the court, 1268
or judge, may require. 1269
SECTION 23. Section 47-7-40, Mississippi Code of 1972, is 1270
amended as follows: 1271
47-7-40. (1) The Commissioner of Corrections and the 1272
Department of Public Safety shall jointly establish rules and 1273
regulations for implementing the earned-discharge program that 1274
allows offenders on probation and parole to reduce the period of 1275
supervision for complying with conditions of probation. The 1276
Department of Corrections shall have the authority to award 1277
earned-discharge credits to all offenders placed on probation, 1278
parole, or post-release supervision who are in compliance with the 1279
terms and conditions of supervision. An offender serving a 1280
Mississippi sentence for an eligible offense in any jurisdiction 1281
under the Interstate Compact for Adult Offender Supervision shall 1282
be eligible for earned-discharge credits under this section. 1283
Offenders shall not be denied earned-discharge credits solely 1284
based on nonpayment of fees or fines if a hardship waiver has been 1285
granted as provided in Section 47-7-49. 1286
(2) For each full calendar month of compliance with the 1287
conditions of supervision, earned-discharge credits equal to the 1288
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number of days in that month shall be deducted from the offender's 1289
sentence discharge date. Credits begin to accrue for eligible 1290
offenders after the first full calendar month of compliance 1291
supervision conditions. For the purposes of this section, an 1292
offender is deemed to be in compliance with the conditions of 1293
supervision if there was no violation of the conditions of 1294
supervision. 1295
(3) No earned-discharge credits may accrue for a calendar 1296
month in which a violation report has been submitted, the offender 1297
has absconded from supervision, the offender is serving a term of 1298
imprisonment in a technical violation center, or for the months 1299
between the submission of the violation report and the final 1300
action on the violation report by the court or the board. 1301
(4) Earned-discharge credits shall be applied to the 1302
sentence within thirty (30) days of the end of the month in which 1303
the credits were earned. At least every six (6) months, an 1304
offender who is serving a sentence eligible for earned-discharge 1305
credits shall be notified of the current sentence discharge date. 1306
(5) Once the combination of time served on probation, parole 1307
or post-release supervision, and earned-discharge credits satisfy 1308
the term of probation, parole, or post-release supervision, the 1309
board or sentencing court shall order final discharge of the 1310
offender. No less than sixty (60) days prior to the date of final 1311
discharge, the department shall notify the sentencing court and 1312
the board of the impending discharge. 1313
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(6) The Department of Corrections shall provide semiannually 1314
to the State Parole Board and the Oversight Task Force the number 1315
and percentage of offenders who qualify for earned discharge in 1316
one or more months of the year and the average amount of credits 1317
earned within the year. 1318
SECTION 24. Section 47-7-41, Mississippi Code of 1972, is 1319
amended as follows: 1320
47-7-41. When a probationer shall be discharged from 1321
probation by the court of original jurisdiction, the field 1322
supervisor (probation and parole officers), upon receiving a 1323
written request from the probationer, shall forward a written 1324
report of the record of the probationer to the Division of 1325
Community Corrections of the Mississippi Department of Public 1326
Safety, which shall present a copy of this report to the Governor. 1327
The Governor may, in his discretion, at any time thereafter by 1328
appropriate executive order restore any civil rights lost by the 1329
probationer by virtue of his conviction or plea of guilty in the 1330
court of original jurisdiction. 1331
SECTION 25. Section 47-7-47, Mississippi Code of 1972, is 1332
amended as follows: 1333
47-7-47. (1) The judge of any circuit court may place an 1334
offender on a program of earned probation, in an intensive 1335
supervision program or any intervention court authorized by law 1336
after a period of confinement as set out herein and the judge may 1337
seek the advice of the commissioner and shall direct that the 1338
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defendant be under the supervision of the * * * Division of 1339
Community Corrections of the Mississippi Department of Public 1340
Safety. 1341
(2) (a) Any circuit court or county court may, upon its own 1342
motion, acting upon the advice and consent of the commissioner not 1343
earlier than thirty (30) days nor later than three (3) years after 1344
the defendant has been delivered to the custody of the * * * 1345
Division of Community Corrections, incarcerated by order of the 1346
court or otherwise sentenced, modify, alter or suspend the further 1347
execution of the sentence and place the defendant on earned 1348
probation, in an intensive supervision program or any intervention 1349
court authorized by law except when a death sentence or life 1350
imprisonment is the maximum penalty which may be imposed or if the 1351
defendant has been confined two (2) or more times for the 1352
conviction of a felony on a previous occasion in any court or 1353
courts of the United States and of any state or territories 1354
thereof or has been convicted of a felony involving the use of a 1355
deadly weapon. 1356
(b) The authority granted in this subsection shall be 1357
exercised by the judge who imposed sentence on the defendant, or 1358
his successor. 1359
(c) The time limit imposed by paragraph (a) of this 1360
subsection is not applicable to those defendants sentenced to the 1361
custody of the department prior to April 14, 1977. Persons who 1362
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are convicted of crimes that carry mandatory sentences shall not 1363
be eligible for earned probation. 1364
(3) When any circuit or county court places an offender on 1365
earned probation, the court shall give notice to the Mississippi 1366
Department of Corrections and the Mississippi Department of Public 1367
Safety within fifteen (15) days of the court's decision to place 1368
the offender on earned probation. Notice shall be delivered to 1369
the central office of the Mississippi Department of Corrections 1370
and to the regional office of the * * * Division of Community 1371
Corrections of the Department of Public Safety which will be 1372
providing supervision to the offender on earned probation. 1373
(4) If the court places any person on probation or earned 1374
probation, the court may order the person, as a condition of 1375
probation, to a period of confinement and treatment at a private 1376
or public agency or institution, either within or without the 1377
state, which treats emotional, mental or drug-related problems. 1378
Any person who, as a condition of probation, is confined for 1379
treatment at an out-of-state facility shall be supervised pursuant 1380
to Section 47-7-71, and any person confined at a private agency 1381
shall not be confined at public expense. Time served in any such 1382
agency or institution may be counted as time required to meet the 1383
criteria of subsection (2)(a). 1384
(5) If the court places any person on probation or earned 1385
probation, the court may order the person to make appropriate 1386
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restitution to any victim of his crime or to society through the 1387
performance of reasonable work for the benefit of the community. 1388
(6) If the court places any person on probation or earned 1389
probation, the court may order the person, as a condition of 1390
probation, to submit, as provided in Section 47-5-601, to any type 1391
of breath, saliva or urine chemical analysis test, the purpose of 1392
which is to detect the possible presence of alcohol or a substance 1393
prohibited or controlled by any law of the State of Mississippi or 1394
the United States. 1395
SECTION 26. Section 47-7-49, Mississippi Code of 1972, is 1396
amended as follows: 1397
47-7-49. (1) Any offender on probation, parole, 1398
earned-release supervision, post-release supervision, earned 1399
probation or any other offender under the probation and parole 1400
officers' field supervision of the Community * * * Corrections 1401
Division of the Department of Public Safety shall pay to the 1402
department the sum of Fifty-five Dollars ($55.00) per month by 1403
certified check or money order unless a hardship waiver is 1404
granted. An offender shall make the initial payment within sixty 1405
(60) days after being released from imprisonment unless a hardship 1406
waiver is granted. A hardship waiver may be granted by the 1407
sentencing court or the Department of * * * Public Safety. A 1408
hardship waiver may not be granted for a period of time exceeding 1409
ninety (90) days. The Commissioner of Public Safety or his 1410
designee shall deposit Fifty Dollars ($50.00) of each payment 1411
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received into a special fund in the State Treasury, which is 1412
hereby created, to be known as the Community Service Revolving 1413
Fund. Expenditures from this fund shall be made for: (a) the 1414
establishment of restitution and satellite centers; and (b) the 1415
establishment, administration and operation of the department's 1416
Drug Identification Program and the intensive and field 1417
supervision program. The Fifty Dollars ($50.00) may be used for 1418
salaries and to purchase equipment, supplies and vehicles to be 1419
used by the Community * * * Corrections Division in the 1420
performance of its duties. Expenditures for the purposes 1421
established in this section may be made from the fund upon 1422
requisition by the commissioner, or his designee. 1423
Of the remaining amount, Three Dollars ($3.00) of each 1424
payment shall be deposited into the Crime Victims' Compensation 1425
Fund created in Section 99-41-29, and Two Dollars ($2.00) shall be 1426
deposited into the Training Revolving Fund created pursuant to 1427
Section 47-7-51. When a person is convicted of a felony in this 1428
state, in addition to any other sentence it may impose, the court 1429
may, in its discretion, order the offender to pay a state 1430
assessment not to exceed the greater of One Thousand Dollars 1431
($1,000.00) or the maximum fine that may be imposed for the 1432
offense, into the Crime Victims' Compensation Fund created 1433
pursuant to Section 99-41-29. 1434
Any federal funds made available to the department for 1435
training or for training facilities, equipment or services shall 1436
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be deposited into the Correctional Training Revolving Fund created 1437
in Section 47-7-51. The funds deposited in this account shall be 1438
used to support an expansion of the department's training program 1439
to include the renovation of facilities for training purposes, 1440
purchase of equipment and contracting of training services with 1441
community colleges in the state. 1442
No offender shall be required to make this payment for a 1443
period of time longer than ten (10) years. 1444
(2) The offender may be imprisoned until the payments are 1445
made if the offender is financially able to make the payments and 1446
the court in the county where the offender resides so finds, 1447
subject to the limitations hereinafter set out. The offender 1448
shall not be imprisoned if the offender is financially unable to 1449
make the payments and so states to the court in writing, under 1450
oath, and the court so finds. 1451
(3) An offender's responsibilities under this section may be 1452
satisfied by an offender's employer under Section 47-7-36.1(2). 1453
(4) This section shall stand repealed from and after June 1454
30, * * * 2027. 1455
SECTION 27. Section 47-7-51, Mississippi Code of 1972, is 1456
amended as follows: 1457
47-7-51. (1) There is hereby created in the State Treasury 1458
a special fund, which shall be known as the Correctional Training 1459
Revolving Fund. This fund shall be used to develop and implement 1460
the comprehensive correction training program authorized in 1461
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ST: Probation and parole officers under MS
Department of Corrections; transfer to MS
Department of Public Safety.
Chapter 509, Laws of 1990. These funds may be used to construct 1462
and renovate training facilities, purchase training equipment for 1463
the hiring of instructors, and to pay operating expenses to 1464
accomplish and fulfill the purposes of the training program, and 1465
to assist in funding the Mississippi Probation and Parole Officer 1466
Program at the Division of Community Corrections of the Department 1467
of Public Safety. 1468
(2) The Commissioner of Corrections shall establish 1469
guidelines for the use and accountability of such funds. 1470
SECTION 28. This act shall take effect and be in force from 1471
and after July 1, 2028; provided that Section 1 of this act 1472
relating to the transitional plan for the transfer of probation 1473
and parole officers shall take effect and be in force from and 1474
after July 1, 2026. This act shall stand repealed on June 30, 1475
2026. 1476