MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Rules

By: Representative Denny

AN ACT TO ESTABLISH AN INTERIM STUDY COMMITTEE ON THE CREATION OF SENTENCING GUIDELINES; TO SET FORTH ITS MEMBERSHIP, RESPONSIBILITIES AND POWERS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. There is hereby established a 1997 interim study committee, to be comprised as provided in this act, known as the Study Committee on Sentencing Guidelines, for the purpose of studying and evaluating a system of mandatory uniform sentencing guidelines. The study shall include, but not be limited to, an examination of the need for sentencing guidelines and the organizational structure and procedures for implementation of sentencing guidelines, if it is determined that sentencing guidelines are needed.

SECTION 2. The committee shall be composed of four (4) Senators to be appointed by the President of the Senate; four (4) members of the House of Representatives to be appointed by the Speaker of the House; three (3) circuit court judges to be appointed by the Chief Justice of the State Supreme Court; two (2) state prosecuting attorneys, one (1) to be appointed by the President of the Senate and one (1) to be appointed by the Speaker of the House; two (2) county public defenders, one (1) to be appointed by the President of the Senate and one (1) to be appointed by the Speaker of the House. The President and the Speaker shall make their respective appointments within thirty (30) days after sine die adjournment of the 1997 Regular Session. The committee shall meet no later than forty-five (45) days after the final day of the 1997 Regular Session for the purpose of organizing by electing from the membership a chairman, vice chairman and secretary. In the selection of its officers, adoption of rules, resolutions and reports, an affirmative vote of the majority of the members shall be required. All members shall be notified in writing of all regular and special meetings of the committee, which notices shall be mailed at least three (3) days before the dates of meetings.

SECTION 3. The committee shall not hire any staff but shall utilize the clerical and legal staff employed by the Legislature and the Mississippi Law Research Institute. The committee is authorized to accept any money from any source, public or private, to be expended in implementing its duties under this act.

SECTION 4. Members of the committee shall be compensated in the amount authorized by Section 25-3-69, for each day spent in actual discharge of their duties and shall be reimbursed in accordance with Section 25-3-41, for mileage and actual expense incurred in the performance of their duties. No committee member may incur per diem, travel or other expenses unless previously authorized by vote, at a meeting of the committee, which action shall be recorded in the official minutes of the meeting. However, no per diem, mileage allowance or expense allowance shall be paid to any legislative member of the committee for attending meetings of the committee while the Legislature is in session, and no per diem, mileage allowance or expense allowance shall be paid without prior approval of the proper committee in the member's respective house. All other expenses incurred by and on behalf of Legislative members of the committee shall be paid from a sum to be provided in equal portion from the contingency funds of the Senate and House of Representatives or from any other funds made available to the committee for that purpose. Nonlegislative

members shall be paid from any funds made available to the committee for that purpose.

SECTION 5. This act shall take effect and be in force from and after its passage.