MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary

By: Senator(s) Smith, Huggins

AN ACT TO AMEND SECTION 47-5-1007, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NOTICE SHALL BE GIVEN TO A PARTICIPANT IN THE HOUSE ARREST PROGRAM THAT IF THE PARTICIPANT COMMITS A VIOLATION HE SHALL IMMEDIATELY BE PLACED IN THE ACTUAL CUSTODY OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 47-5-1013, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A HOUSE ARREST PARTICIPANT VIOLATES A CONDITION OF THE PROGRAM, THE PARTICIPANT SHALL BE PLACED INTO THE ACTUAL CUSTODY OF THE DEPARTMENT OF CORRECTIONS; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 47-5-1007, Mississippi Code of 1972, is amended as follows:

47-5-1007. (1) Any participant in the intensive supervision program who engages in employment shall pay a monthly fee to the department for each month such person is enrolled in the program. The department may waive the monthly fee if the offender is a full-time student or is engaged in vocational training. Money received by the department from participants in the program shall be deposited into a special fund which is hereby created in the State Treasury. It shall be used, upon appropriation by the Legislature, for the purpose of helping to defray the costs involved in administering and supervising such program. Unexpended amounts remaining in such special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in such special fund shall be deposited to the credit of the special fund.

(2) The participant shall admit any correctional officer into his residence at any time for purposes of verifying the participant's compliance with the conditions of his detention.

(3) The participant shall make the necessary arrangements to allow for correctional officers to visit the participant's place of education or employment at any time, based upon the approval of the educational institution or employer, for the purpose of verifying the participant's compliance with the conditions of his detention.

(4) The participant shall acknowledge and participate with the approved electronic monitoring device as designated by the department at any time for the purpose of verifying the participant's compliance with the conditions of his detention.

(5) The participant shall be responsible for and shall maintain the following:

(a) A working telephone line in the participant's home;

(b) A monitoring device in the participant's home, or on the participant's person or both; and

(c) A monitoring device in the participant's home and on the participant's person in the absence of a telephone.

(6) The participant shall obtain approval from the correctional field officer before the participant changes residence.

(7) The participant shall not commit another crime during the period of home detention ordered by the court or department.

(8) Notice shall be given to the participant that violation of the order of home detention shall subject the participant to prosecution for the crime of escape as a felony and that the participant shall be placed immediately into the actual custody of the Department of Corrections.

(9) The participant shall abide by other conditions as set by the department.

SECTION 2. Section 47-5-1013, Mississippi Code of 1972, is amended as follows:

47-5-1013. (1) Participants enrolled in an intensive supervision program shall be required to:

(a) Maintain employment if physically able, or full-time student status at an approved school or vocational trade, and make progress deemed satisfactory to the correctional field officer, or both, or be involved in supervised job searches.

(b) Pay restitution and program fees as directed by the department. Program fees shall not be less than Fifty Dollars ($50.00) nor more than the actual cost of the program. The sentencing judge may charge a program fee of less than Fifty Dollars ($50.00) in cases of extreme financial hardship, when such judge determines that the offender's participation in the program would provide a benefit to his community. Program fees shall be deposited in the special fund created in Section 47-5-1007.

(c) Establish a place of residence at a place approved by the correctional field officer, and not change his residence without the officer's approval. The correctional officer shall be allowed to inspect the place of residence for alcoholic beverages, controlled substances and drug paraphernalia.

(d) Remain at his place of residence at all times except to go to work, to attend school, to perform community service and as specifically allowed in each instance by the correctional field officer.

(e) Allow administration of drug and alcohol tests as requested by the field officer.

(f) Perform not less than ten (10) hours of community service each month.

(g) Meet any other conditions imposed by the court to meet the needs of the offender and limit the risks to the community.

(2) Any participant who violates an order or condition of the intensive supervision program shall be arrested by the correctional field officer and immediately placed in the actual custody of the Department of Corrections.

SECTION 3. This act shall take effect and be in force from and after July 1, 1998.