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To: Corrections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Hill
SENATE BILL NO. 2116
AN ACT TO AMEND SECTION 47-7-2, MISSISSIPPI CODE OF 1972, TO 1
REVISE THE DEFINITION OF "TECHNICAL VIOLATION" WITHIN PROBATION 2
AND PAROLE LAW TO PROVIDE THAT A TECHNICAL VIOLATION SHALL NOT 3
INCLUDE THE COMMISSION OF A NEW CRIMINAL OFFENSE BY A PROBATIONER 4
OR PAROLEE; TO AMEND SECTION 47-7-38, MISSISSIPPI CODE OF 1972, TO 5
CONFORM; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 47-7-2, Mississippi Code of 1972, is 8
amended as follows: 9
47-7-2. For purposes of this chapter, the following words 10
shall have the meaning ascribed herein unless the context shall 11
otherwise require: 12
(a) "Adult" means a person who is seventeen (17) years 13
of age or older, or any person convicted of any crime not subject 14
to the provisions of the youth court law, or any person 15
"certified" to be tried as an adult by any youth court in the 16
state. 17
(b) "Board" means the State Parole Board. 18
(c) "Parole case plan" means an individualized, written 19
accountability and behavior change strategy developed by the 20
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department in collaboration with the parole board to prepare 21
offenders for release on parole at the parole eligibility date. 22
The case plan shall focus on the offender's criminal risk factors 23
that, if addressed, reduce the likelihood of reoffending. 24
(d) "Commissioner" means the Commissioner of 25
Corrections. 26
(e) "Correctional system" means the facilities, 27
institutions, programs and personnel of the department utilized 28
for adult offenders who are committed to the custody of the 29
department. 30
(f) "Criminal risk factors" means characteristics that 31
increase a person's likelihood of reoffending. These 32
characteristics include: antisocial behavior; antisocial 33
personality; criminal thinking; criminal associates; dysfunctional 34
family; low levels of employment or education; poor use of leisure 35
and recreation; and substance abuse. 36
(g) "Department" means the Mississippi Department of 37
Corrections. 38
(h) "Detention" means the temporary care of juveniles 39
and adults who require secure custody for their own or the 40
community's protection in a physically restricting facility prior 41
to adjudication, or retention in a physically restricting facility 42
upon being taken into custody after an alleged parole or probation 43
violation. 44
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(i) "Discharge plan" means an individualized written 45
document that provides information to support the offender in 46
meeting the basic needs identified in the pre-release assessment. 47
This information shall include, but is not limited to: contact 48
names, phone numbers, and addresses of referrals and resources. 49
(j) "Evidence-based practices" means supervision 50
policies, procedures, and practices that scientific research 51
demonstrates reduce recidivism. 52
(k) "Facility" or "institution" means any facility for 53
the custody, care, treatment and study of offenders which is under 54
the supervision and control of the department. 55
(l) "Juvenile," "minor" or "youthful" means a person 56
less than seventeen (17) years of age. 57
(m) "Offender" means any person convicted of a crime or 58
offense under the laws and ordinances of the state and its 59
political subdivisions. 60
(n) "Pre-release assessment" means a determination of 61
an offender's ability to attend to basic needs, including, but not 62
limited to, transportation, clothing and food, financial 63
resources, personal identification documents, housing, employment, 64
education, and health care, following release. 65
(o) "Special meetings" means those meetings called by 66
the chairman with at least twenty-four (24) hours' notice or a 67
unanimous waiver of notice. 68
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(p) "Supervision plan" means a plan developed by the 69
community corrections department to manage offenders on probation 70
and parole in a way that reduces the likelihood they will commit a 71
new criminal offense or violate the terms of supervision and that 72
increases the likelihood of obtaining stable housing, employment 73
and skills necessary to sustain positive conduct. 74
(q) "Technical violation" means an act or omission by 75
the probationer that violates a condition or conditions of 76
probation placed on the probationer by the court or the probation 77
officer, but shall not include a plea or sentence in an 78
intervention court provided under Chapter 23, 25 or 27 of Title 9, 79
Mississippi Code of 1972. "Technical violation" does not include 80
the commission of a new criminal offense by the probationer or 81
parolee. 82
(r) "Transitional reentry center" means a 83
state-operated or state-contracted facility used to house 84
offenders leaving the physical custody of the Department of 85
Corrections on parole, probation or post-release supervision who 86
are in need of temporary housing and services that reduce their 87
risk to reoffend. 88
(s) "Unit of local government" means a county, city, 89
town, village or other general purpose political subdivision of 90
the state. 91
(t) "Risk and needs assessment" means the determination 92
of a person's risk to reoffend using an actuarial assessment tool 93
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validated on Mississippi corrections populations and the needs 94
that, when addressed, reduce the risk to reoffend. 95
SECTION 2. Section 47-7-38, Mississippi Code of 1972, is 96
amended as follows: 97
47-7-38. (1) The department shall have the authority to 98
impose graduated sanctions as an alternative to judicial 99
modification or revocation, as provided in Sections 47-7-27 and 100
47-7-37, for offenders on probation, parole, or post-release 101
supervision who commit technical violations of the conditions of 102
supervision as defined by Section 47-7-2. 103
(2) The commissioner shall develop a standardized graduated 104
sanctions system, which shall include a grid to guide field 105
officers in determining the suitable response to a technical 106
violation. The commissioner shall promulgate rules and 107
regulations for the development and application of the system of 108
sanctions. Field officers shall be required to conform to the 109
sanction grid developed. 110
(3) The system of sanctions shall include a list of 111
sanctions for the most common types of violations. When 112
determining the sanction to impose, the field officer shall take 113
into account the offender's assessed risk level, previous 114
violations and sanctions, and severity of the current and prior 115
violations. 116
(4) Field officers shall notify the sentencing court when a 117
probationer has committed a technical violation or the parole 118
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board when a parolee has committed a technical violation of the 119
type of violation and the sanction imposed. * * * 120
(5) The graduated sanctions that the department may impose 121
include, but shall not be limited to: 122
(a) Verbal warnings; 123
(b) Increased reporting; 124
(c) Increased drug and alcohol testing; 125
(d) Mandatory substance abuse treatment; 126
(e) Loss of earned-discharge credits; and 127
(f) Incarceration in a county jail for no more than two 128
(2) days. Incarceration as a sanction shall not be used more than 129
two (2) times per month for a total period incarcerated of no more 130
than four (4) days. 131
(6) The system shall also define positive reinforcements 132
that offenders will receive for compliance with conditions of 133
supervision. These positive reinforcements shall include, but not 134
limited to: 135
(a) Verbal recognition; 136
(b) Reduced reporting; and 137
(c) Credits for earned discharge which shall be awarded 138
pursuant to Section 47-7-40. 139
(7) The Department of Corrections shall provide semiannually 140
to the Oversight Task Force the number and percentage of offenders 141
who have one or more violations during the year, the average 142
number of violations per offender during the year and the total 143
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ST: Probation and parole; provide that
technical violation of shall not include
commission of new criminal offense.
and average number of incarceration sanctions as defined in 144
subsection (5) of this section imposed during the year. 145
SECTION 3. This act shall take effect and be in force from 146
and after July 1, 2026. 147