Rehabilitation Incentive Program Act; enact.

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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) DuPree

SENATE BILL NO. 2818

AN ACT TO ENACT THE REHABILITATION INCENTIVE PROGRAM ACT; TO 1
CRIMINALIZE THE KNOWING SALE, LEND, GIFT, DISTRIBUTION, OR 2
TRAFFICKING TO A MINOR OF A DEADLY WEAPON; TO PROVIDE CRIMINAL 3
PENALTIES; TO ORDER A MENTAL HEALTH ASSESSMENT FOR CERTAIN 4
OFFENDERS; TO CREATE THE REHABILITATION INCENTIVE PROGRAM WITH THE 5
DEPARTMENT OF CORRECTIONS; TO PROVIDE ELIGIBILITY AND PROCEDURES 6
FOR THE PROGRAM; TO CREATE A SPECIAL FUND WITH THE STATE TREASURY 7
TO BE DESIGNATED AS THE REHABILITATION INCENTIVE PROGRAM TRUST 8
FUND; TO PROVIDE ELIGIBILITY IN THE PROGRAM TO CERTAIN OFFENDERS; 9
TO REQUIRE CERTAIN PERSON TO COMPLETE A CERTIFIED SAFE STORAGE 10
EDUCATION PROGRAM FOR FIREARMS; TO PROVIDE THAT THIS ACT SHALL NOT 11
BE CONSTRUED TO CRIMINALIZE LAWFUL ADULT SUPERVISED TRANSFERS FOR 12
HUNTING, MARKSMANSHIP, RECREATIONAL SHOOTING, OR FIREARM SAFETY 13
INSTRUCTION; TO AMEND SECTION 97-37-13, MISSISSIPPI CODE OF 1972, 14
TO CONFORM; AND FOR RELATED PURPOSES. 15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 16
SECTION 1. This act shall be known and may be cited as the 17
"Rehabilitation Incentive Program Act." 18
SECTION 2. As used in this act, the following terms have the 19
meaning herein ascribed unless the context clearly requires 20
otherwise: 21
(a) "Department" means the Department of Corrections. 22
(b) "Fund" means the Rehabilitation Incentive Trust 23
Program Trust Fund created in Section 5 of this act. 24
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(c) "Program" means the Rehabilitation Incentive 25
Program created within the department in Section 4 of this act. 26
SECTION 3. (1) Any person who knowingly sells, lends, 27
gives, distributes, or traffics a deadly weapon to a minor under 28
eighteen (18) years of age, knowing the minor to have violent 29
intent, or who acts with reckless disregard for the minor's 30
probable use of the firearm in a violent act shall be guilty of a 31
felony. For the purposes of this section, "violent intent" means 32
intent to cause death, bodily injury, substantial fear of bodily 33
injury, or having a reckless disregard for causing death, bodily 34
injury, or substantial fear of bodily injury. 35
(2) A person convicted under this section, shall be 36
imprisoned within the custody of the Department of Corrections for 37
a term not less than five (5) years and not to exceed eight (8) 38
years and may be fined up to Five Thousand Dollars ($5000.00). 39
(3) (a) Notwithstanding any other provision of law to the 40
contrary, a person's total sentence shall not exceed eight (8) 41
years if combined with other charges directly or indirectly 42
related to the firearm offense provided in this section. 43
Overlapping periods of incarceration, probation, or parole shall 44
not be counted more than once. 45
(b) In complying with this section, the court must 46
specify in its order how overlapping sentences are calculated, 47
whether sentences run concurrently or consecutively, and that the 48
total sentence does not exceed eight (8) years. 49
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(4) The court shall order a mental health assessment by a 50
licensed mental health professional for an offender convicted 51
under this section who is under twenty-one (21) years of age. The 52
assessment shall recommend a treatment or counseling plan approved 53
by the Department of Mental Health with frequent reports to the 54
court. The court, in its discretion, shall include the necessary 55
number of sessions and benchmarks in its sentencing order under 56
this section. The Department of Mental Health shall ensure remote 57
access to such treatment for offenders where such treatment is not 58
available for the offender within fifty (50) miles of the 59
offender's domicile or location of incarceration. 60
SECTION 4. (1) There is created within the Department of 61
Corrections the "Rehabilitation Incentive Program" to provide 62
incentive for persons convicted under Section 3 of this act and on 63
early release from incarceration and subject to probation to 64
rehabilitate. The program shall provide opportunities for job 65
training, training in technical careers, or internship 66
opportunities. 67
(2) (a) Pursuant to this act, the Department of Corrections 68
shall promulgate rules and regulations for the eligibility of 69
persons within the program and establish milestones within the 70
program to be met for disbursements from the fund. 71
(b) (i) Upon an offender's early release from 72
incarceration under Section 3 of this act or any offense described 73
in Section 6(1) and while that person is subject to probation, the 74
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Department of Corrections shall retain eight percent (8%) of the 75
wages and earnings of the person, including wages, salaries, 76
self-employment earnings, and other taxable and non-taxable 77
compensation, on a monthly basis. 78
(ii) Of the funds retained under subparagraph (i) 79
of this paragraph, the Department of Corrections shall deposit 80
fifty percent (50%) into the General Fund as a penalty and fifty 81
percent (50%) into the Rehabilitation Incentive Program Trust Fund 82
created in Section 5 of this act. 83
(3) No offender who has previously been convicted of a crime 84
of violence listed under Section 97-7-3 shall be eligible for the 85
program. Pending charges for an offense listed under Section 86
97-7-3 shall render an offender ineligible unless the charges are 87
eligible for adjudication and adjudicated. 88
(4) (a) The department may disburse monthly stipends to an 89
offender in compliance with the requirements of the program 90
authorized under this section. Funds shall be disbursed monthly 91
on the first day of the following month, contingent on compliance 92
with all conditions of probation, parole, or the program 93
authorized under this section. 94
(b) Upon completion of the program, the department 95
shall disburse any remaining balance of the offender's funds which 96
were retained and deposited in the fund, including any interest 97
earned on such monies. 98
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(5) The department shall determine which infractions 99
constitute minor violations of the program. These may include, 100
but are not limited to, late attendance, incomplete paperwork, and 101
technical infractions. Upon the third recorded minor violation, 102
the department shall request a suspension hearing before the 103
sentencing court. If the court finds the offender in violation of 104
program terms at the hearing, the offender may be temporarily 105
suspended from the program. A suspension shall halt trust 106
disbursements until the offender demonstrates compliance 107
or completes remedial measures as directed by the court. 108
(6) The department shall determine which infractions 109
constitute severe violations of the program. These may include, 110
but are not limited to, substance use, violence, absconding, and 111
willful refusal. An offender who commits a severe violation shall 112
be administratively removed from the program. Any monies credited 113
to that offender in the fund shall be transferred to the General 114
Fund as a penalty. 115
(7) The department shall provide monthly statements to the 116
offender in the program, detailing withheld amounts, amounts 117
retained by the state, and amounts credited to the fund. 118
(8) If the department requires a treatment plan within the 119
program authorized under this section, the licensed professional 120
rendering such services shall submit monthly written progress 121
reports to the department, detailing attendance, participation, 122
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program milestone compliance, behavioral issues, minor violations, 123
and severe violations. 124
SECTION 5. (1) There is created within the State Treasury a 125
special fund to be designated as the "Rehabilitation Incentive 126
Program Trust Fund" to be administered by the department. The 127
fund shall be maintained by the State Treasurer as a separate and 128
special fund, separate and apart from the General Fund of the 129
state. Unexpended amounts remaining in the fund at the end of a 130
fiscal year shall not lapse into the State General Fund, and any 131
interest earned or investment earnings on amounts in the fund 132
shall be deposited into such fund. The fund shall consist of: 133
(a) Monies deposited into the fund by the State 134
Treasurer; 135
(b) The interest accruing to the fund; 136
(c) Monies received under the provisions of Section 2 137
of this act; 138
(d) Monies received from the federal government; 139
(e) Donations; and 140
(f) Monies received from such other sources as may be 141
provided by or allowable under law. 142
(2) Subject to appropriation by the Legislature, monies in 143
the fund shall be disbursed by the department pursuant to the 144
rules, regulations and procedures of the program. 145
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SECTION 6. (1) Any person under the age of eighteen (18) 146
years old who is convicted of unlawfully receiving or possessing a 147
firearm shall: 148
(a) Complete all court-ordered requirements of 149
sentencing, including any period of incarceration. 150
(b) Undergo a behavioral/trauma assessment by a 151
licensed mental health professional. Such assessment shall be 152
submitted to the court. 153
(c) Participate in treatment or educational programs 154
consistent with the assessment. 155
(d) Be eligible for the program only if all probation 156
and court-ordered programs are completed. 157
(2) (a) Any person who is eighteen (18) years old or older 158
from whom any person under the age of eighteen (18) years old 159
obtained a firearm shall: 160
(i) Complete a certified safe storage education 161
program; and 162
(ii) Implement secure storage measures. 163
(b) Failure to attend the program and implement such 164
secure storage measures shall be a misdemeanor. A court, in its 165
discretion, may waive the requirements of this section where the 166
person subject to the requirements demonstrates sufficient 167
justification for his or her actions or inaction, including 168
emergency work, disability, financial hardship, or unavoidable 169
circumstances. 170
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ST: Rehabilitation Incentive Program Act;
enact.
SECTION 7. Nothing in this act shall be construed to 171
criminalize lawful adult-supervised transfers for hunting, 172
marksmanship, recreational shooting, or firearm safety 173
instruction. 174
SECTION 8. Section 97-37-13, Mississippi Code of 1972, is 175
amended as follows: 176
97-37-13. It shall not be lawful for any person to sell, 177
give or lend to any * * * person intoxicated, knowing him to 178
be * * * in a state of intoxication, any deadly weapon, or other 179
weapon the carrying of which concealed is prohibited, or pistol 180
cartridge; and, on conviction thereof, he shall be punished by a 181
fine not more than One Thousand Dollars ($1,000.00), or imprisoned 182
in the county jail not exceeding one (1) year, or both. 183
SECTION 9. This act shall take effect and be in force from 184
and after July 1, 2026. 185