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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Simmons (12th)
SENATE BILL NO. 2219
AN ACT TO AMEND SECTIONS 9-23-5 AND 9-23-15, MISSISSIPPI CODE 1
OF 1972, TO PROVIDE THAT A CONVICTION FOR BURGLARY OF A DWELLING 2
IS NOT A CRIME OF VIOLENCE FOR PURPOSES OF DETERMINING AN 3
OFFENDER'S ELIGIBILITY FOR AN INTERVENTION COURT PROGRAM; AND FOR 4
RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 9-23-5, Mississippi Code of 1972, is 7
amended as follows: 8
9-23-5. For the purposes of this chapter, the following 9
words and phrases shall have the meanings ascribed unless the 10
context clearly requires otherwise: 11
(a) "Chemical" tests means the analysis of an 12
individual's: (i) blood, (ii) breath, (iii) hair, (iv) sweat, (v) 13
saliva, (vi) urine, or (vii) other bodily substance to determine 14
the presence of alcohol or a controlled substance. 15
(b) "Crime of violence" means * * * any offense listed 16
in Section 97-3-2 other than burglary of a dwelling defined in 17
Section 97-17-32(1). 18
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(c) "Intervention court" means a drug court, mental 19
health court, veterans court or problem-solving court that 20
utilizes an immediate and highly structured intervention process 21
for eligible defendants or juveniles that brings together mental 22
health professionals, substance abuse professionals, local social 23
programs and intensive judicial monitoring. 24
(d) "Evidence-based practices" means supervision 25
policies, procedures and practices that scientific research 26
demonstrates reduce recidivism. 27
(e) "Risk and needs assessment" means the use of an 28
actuarial assessment tool validated on a Mississippi corrections 29
population to determine a person's risk to reoffend and the 30
characteristics that, if addressed, reduce the risk to reoffend. 31
SECTION 2. Section 9-23-15, Mississippi Code of 1972, is 32
amended as follows: 33
9-23-15. (1) In order to be eligible for alternative 34
sentencing through a local intervention court, the participant 35
must satisfy each of the following criteria: 36
(a) The participant cannot have * * *: 37
(i) A felony * * * conviction within the previous 38
ten (10) years for any offenses that are crimes of violence as 39
defined in * * * this chapter; 40
(ii) Any felony convictions for trafficking in 41
controlled substances defined in Section 41-29-139(f); or 42
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(iii) Any other pending criminal proceedings 43
alleging that the participant committed a crime of violence as 44
defined in this chapter. 45
(b) The crime before the court cannot be any of the 46
following: 47
(i) A crime of violence as defined in * * * this 48
chapter; or 49
(ii) Trafficking in controlled substances under 50
Section 41-29-139(f). 51
(c) Other criminal proceedings alleging commission of a 52
crime of violence cannot be pending against the participant. 53
(d) The participant cannot be charged with burglary of 54
a dwelling under Section 97-17-23(2) or 97-17-37. 55
(e) The crime before the court cannot be a charge of 56
driving under the influence of alcohol or any other drug or drugs 57
that resulted in the death of a person. 58
(f) The crime charged cannot be one of trafficking in 59
controlled substances under Section 41-29-139(f), nor can the 60
participant have a prior conviction for same. 61
(2) Participation in the services of an alcohol and drug 62
intervention component shall be open only to the individuals over 63
whom the court has jurisdiction, except that the court may agree 64
to provide the services for individuals referred from another 65
intervention court. In cases transferred from another 66
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ST: Intervention court; amend criteria for
participation in.
jurisdiction, the receiving judge shall act as a special master 67
and make recommendations to the sentencing judge. 68
(3) (a) As a condition of participation in an intervention 69
court, a participant may be required to undergo a chemical test or 70
a series of chemical tests as specified by the intervention court. 71
A participant is liable for the costs of all chemical tests 72
required under this section, regardless of whether the costs are 73
paid to the intervention court or the laboratory; however, if 74
testing is available from other sources or the program itself, the 75
judge may waive any fees for testing. The judge may waive all 76
fees if the applicant is determined to be indigent. 77
(b) A laboratory that performs a chemical test under 78
this section shall report the results of the test to the 79
intervention court. 80
(4) A person does not have a right to participate in 81
intervention court under this chapter. The court having 82
jurisdiction over a person for a matter before the court shall 83
have the final determination about whether the person may 84
participate in intervention court under this chapter. However, 85
any person meeting the eligibility criteria in subsection (1) of 86
this section shall, upon request, be screened for admission to 87
intervention court. 88
SECTION 3. This act shall take effect and be in force from 89
and after July 1, 2026. 90