MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Corrections

By: Senator(s) Huggins

AN ACT TO AMEND SECTION 47-5-1003, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN OFFENDER WHO VIOLATES HOUSE ARREST CONDITIONS SHALL BE PLACED IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 47-5-1003, Mississippi Code of 1972, is amended as follows:

47-5-1003. (1) An intensive supervision program may be used as an alternative to incarceration for offenders who are low risk and nonviolent as selected by the department or court. Any offender convicted of a sex crime or a felony for the sale or manufacture of a controlled substance under the uniform controlled substances law shall not be placed in the program.

(2) If a court places an offender in the intensive supervision program, the court shall follow the procedure and time limits established under Section 47-7-47(2), Mississippi Code of 1972.

(3) To protect and to ensure the safety of the state's citizens, any offender who violates an order or condition of the intensive supervision program shall be arrested by the correctional field officer and placed in the actual custody of the Department of Corrections. Such offender is under the full and complete jurisdiction of the department and subject to removal from the program by the classification committee.

SECTION 2. This act shall take effect and be in force from and after its passage.