Nonviolent Firearm Offense Early Intervention Program Act; enact.

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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) DuPree

SENATE BILL NO. 2814

AN ACT TO ENACT THE NONVIOLENT FIREARM OFFENSE EARLY 1
INTERVENTION PROGRAM ACT; TO DEFINE TERMS; TO DIRECT A COURT TO 2
CONSTRUE THE TERM NONVIOLENT FIREARM-RELATED OFFENSE BROADLY; TO 3
REQUIRE THE SENTENCING COURT TO ORDER ALL QUALIFYING OFFENDERS TO 4
PARTICIPATE IN A PROGRAM UNLESS THE COURT DETERMINES AN EXCEPTION 5
APPLIES; TO PROVIDE THAT SATISFACTORY PROGRAM ATTENDANCE MAY, IN 6
THE DISCRETION OF THE SENTENCING COURT, SATISFY THE CRIMINAL 7
SENTENCE REQUIRED IN LIEU OF ANY OTHER CRIMINAL PENALTY OR FINE 8
AUTHORIZED BY LAW; TO CREATE THE NONVIOLENT FIREARM OFFENSE EARLY 9
INTERVENTION PROGRAM WITHIN THE DEPARTMENT OF MENTAL HEALTH; TO 10
SET FORTH CERTAIN REQUIREMENTS AND PROCEDURES FOR THE PROGRAM; TO 11
PROVIDE THAT A PARENT OR GUARDIAN OF AN OFFENDER PARTICIPATING IN 12
THE PROGRAM MAY BE FINED FOR CAUSING THE ABSENCE OF THE OFFENDER; 13
TO PROVIDE THAT FUNDING FOR REHABILITATION PROGRAMS MAY BE 14
PROVIDED THROUGH FEDERAL GRANTS, PRIVATE OR PHILANTHROPIC GRANTS, 15
SUPPORT FROM EXISTING DEPARTMENT OF MENTAL HEALTH FUNDS AND 16
SPECIFIC APPROPRIATION BY THE LEGISLATURE; TO PROVIDE THAT IF A 17
CERTIFIED REHABILITATION PROGRAM IS NOT AVAILABLE WITHIN A CERTAIN 18
DISTANCE OF AN OFFENDER'S RESIDENCE, THE COURT SHALL ALLOW VIRTUAL 19
OR HYBRID PARTICIPATION; TO PROVIDE THE SCOPE OF THE ACT; AND FOR 20
RELATED PURPOSES. 21
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 22
SECTION 1. This act shall be known and may be cited as the 23
"Nonviolent Firearm Offense Early Intervention Program Act." 24
SECTION 2. As used in this act: 25
(a) "Department" means the Department of Mental Health. 26
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(b) "Nonviolent firearm-related offense" means any 27
firearm or weapon offense under state or federal law that does not 28
involve the discharge of a firearm, the use of a firearm to 29
threaten, intimidate, or coerce another person, the brandishing of 30
a firearm in a threatening manner, the infliction or attempted 31
infliction of injury, conduct creating a substantial risk of 32
serious bodily harm, or participation in armed robbery, burglary, 33
assault, or other similar violent conduct. The term includes, but 34
is not limited to, unlawful possession of a firearm, offenses by a 35
minor in possession of a firearm, concealed carry violations, 36
possession or transfer of a stolen firearm, possession of an 37
unregistered firearm, possession of suppressors, and similar 38
nonviolent firearm-related conduct. 39
(c) "Program" means the Nonviolent Firearm Offense 40
Early Intervention Program authorized under this act and certified 41
by the Department of Mental Health that includes a trauma-informed 42
assessment, cognitive behavioral therapy-based treatment, family 43
participation component, firearm safe-storage education, 44
mentorship or youth development component, a minimum duration of 45
twelve (12) weeks, attendance and participation tracking, and 46
written certification of meaningful participation. 47
(d) "Satisfactory program attendance" means: 48
(i) Attendance at all required sessions of a 49
required program, unless excused for documented emergencies; 50
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(ii) Active participation as documented by the 51
counselor; 52
(iii) Compliance with behavioral standards 53
prohibiting violence, alcohol use, and controlled substances 54
except medically certified cannabis use pursuant to chapter; and 55
(iv) Completion of assigned program work, and good 56
behavior throughout the period of supervision. 57
(e) "Qualifying offender" or "offender" means a person 58
who was twenty-one (21) years of age or younger at the time of the 59
offense, who is adjudicated or convicted for the first time of a 60
nonviolent firearm-related offense, including qualifying offenses 61
adjudicated or convicted in another state, territory, or federal 62
jurisdiction. 63
SECTION 3. (1) The court shall construe the term nonviolent 64
firearm-related offense broadly. Classification of an offense as 65
a nonviolent firearm-related offense shall be favored unless the 66
state proves by clear and convincing evidence that an exclusion 67
applies. 68
(2) The determination of whether an offense is a nonviolent 69
firearm-related offense shall be based on the statutory elements 70
of the offense solely. Such determination shall not be based on 71
dismissed, uncharged, adjudicated, expunged or acquitted conduct. 72
The determination of whether an offense is a nonviolent 73
firearm-related offense shall not be based solely on prosecutorial 74
representations. 75
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SECTION 4. (1) The sentencing court shall order all 76
qualifying offenders to participate in a program unless the court 77
finds probable cause that: 78
(a) Participation presents a substantial and specific 79
risk of violent conduct; 80
(b) A medical, psychological, or developmental 81
condition renders participation impossible or inappropriate; 82
(c) The offender has a previous documented willful 83
failure to complete a similar program; or 84
(d) Participation conflicts with another mandatory 85
sentence or statutory requirement. 86
(2) The grounds for exemption listed in subsection (1) of 87
this section are exclusive. A court shall not deny an offender 88
participation in the program based on speculative public safety 89
concerns, general compliance concerns, socioeconomic factors, 90
family instability, or an individualized assessment of an 91
offender's credibility and demeanor. 92
(3) Either party may offer evidence and testimony regarding 93
participation or exclusion. 94
(4) The court shall issue a written findings supporting any 95
exclusion from the program. 96
(5) Notwithstanding any other provision of law to the 97
contrary, satisfactory program attendance may, in the discretion 98
of the sentencing court, satisfy the criminal sentence required in 99
lieu of any other criminal penalty or fine authorized by law. 100
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SECTION 5. (1) The Nonviolent Firearm Offense Early 101
Intervention Program is created within the Department of Mental 102
Health. The program shall be a standardized therapeutic and 103
rehabilitative program. The department shall promulgate the rules 104
and regulations necessary to effectuate the purposes of this act. 105
(2) Each qualifying offender in the program shall be given a 106
full trauma, risk, and behavioral assessment, a firearm access and 107
environmental assessment, and a family or guardian firearm 108
safe-storage evaluation. 109
(3) (a) Each qualifying offender in the program shall be 110
provided an individualized treatment plan that includes cognitive 111
behavioral therapy, family engagement, mentorship or youth 112
development components, firearm safe-storage compliance 113
requirements, and participation in a certified trade, vocational, 114
or apprenticeship program, when appropriate. 115
(b) Compliance with the individualized treatment plan 116
shall be documented as determined by the department with frequent 117
reports to the sentencing court. Failure to comply with the terms 118
of the program may result in additional supervision requirements 119
or court-imposed sanctions. 120
(4) Any offender who is eighteen (18) to twenty-one (21) 121
years of age shall be required to be: 122
(a) Enrolled in high school or an equivalent program; 123
(b) Enrolled in an undergraduate program; 124
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(c) Enrolled in a community college, technical school, 125
or similar educational program; 126
(d) Employed in a lawful occupation; or 127
(e) Actively pursuing a certified trade or 128
apprenticeship. 129
(5) Attendance and participation in the program shall be 130
documented by the licensed program counselor as determined by the 131
department. 132
(6) In a manner to be determined by the department, frequent 133
reports shall be submitted to the sentencing court documenting 134
attendance, participation, substance use, and behavior, and the 135
court may consider such reports in determining continued 136
participation. 137
(7) (a) Upon completion of the rehabilitation program, the 138
department shall provide written certification of meaningful 139
participation. 140
(b) An offender may petition the sentencing court 141
concerning a denial or delay of certification by the department, 142
and the sentencing court may order certification upon a finding 143
that all requirements have been satisfied. 144
SECTION 6. A parent or guardian of an offender participating 145
in the program may be fined up to One Thousand Dollars ($1,000.00) 146
for causing the absence of the offender. Defenses to the fine 147
authorized under this section shall include lack of 148
transportation, work obligations, disability, financial hardship, 149
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ST: Nonviolent Firearm Offense Early
Intervention Program Act; enact.
or other circumstances beyond the reasonable control of the parent 150
or guardian. 151
SECTION 7. Funding for rehabilitation programs may be 152
provided through federal grants, private or philanthropic grants, 153
support from existing Department of Mental Health funds and 154
specific appropriation by the Legislature. 155
SECTION 8. If a certified rehabilitation program is not 156
available within fifty (50) miles of the offender's residence, the 157
court shall allow virtual or hybrid participation. The lack of a 158
local program shall not be used as a basis to deny participation 159
in the program. 160
SECTION 9. (1) This act shall apply regardless of whether 161
the qualifying offender is adjudicated or sentenced in youth court 162
or circuit court. 163
(2) Participation in or exclusion from a program under this 164
act shall not affect eligibility under Section 47-7-3.2, earned 165
time or meritorious earned time. 166
SECTION 10. This act shall take effect and be in force from 167
and after July 1, 2026. 168