***Adopted***

AMENDMENT No. 1 TO AMENDMENT No. 1 PROPOSED TO

                             House Bill NO. 487

                             By Senator(s) Smith

     AMEND by striking Section 1 in its entirety and inserting in lieu thereof the following:

     SECTION 1.  Section 47-5-138.1, Mississippi Code of 1972, is amended as follows:

     47-5-138.1.  (1)  (a)  In addition to any other administrative reduction of sentence, an offender in trusty status as defined by the classification board of the Department of Corrections may be awarded a trusty time allowance of ten (10) days' reduction of sentence for each thirty (30) days of participation in an approved program while in trusty status, including satisfactory participation in education or instructional programs, satisfactory participation in work projects and satisfactory participation in any special incentive program.

          (b)  If the department has a budget deficit, the Governor may use his powers under the prison overcrowding emergency powers act to increase the trusty time allowance to twenty-three (23) days reduction of sentence for each thirty (30) days of participation in approved programs under subsection (1)(a).

     (2)  (a)  From and after July 1, 2003, an offender who is awarded the trusty time allowance under subsection (1)(a) may also receive an additional five (5) days of trusty time allowance for each thirty (30) days of approved participation.

          (b)  An offender is not eligible for the additional five (5) days of trusty time allowance under this subsection if:

              (i)  The offender was sentenced to life imprisonment; but an offender, except an offender sentenced to life imprisonment for capital murder, who has reached the age of sixty-five (65) or older and who has served at least fifteen (15) years may petition the sentencing court for conditional release;

              (ii)  The offender was convicted as a habitual offender under Sections 99-19-81 through 99-19-87;

              (iii)  The offender was convicted of a sex crime;

              (iv)  The offender has not served the mandatory time required for parole eligibility, as prescribed under Section 47-7-3, for a conviction of robbery or attempted robbery through the display of a deadly weapon, carjacking through the display of a deadly weapon or a drive-by shooting;

              (v)  The offender was convicted of violating Section 41-29-139(a) and sentenced under Section 41-29-139(b) or 41-29-139(f);

              (vi)  The offender was convicted of trafficking in controlled substances under Section 41-29-139;

              (vii)  The offender was convicted of manufacturing crystal methamphetamine in violation of Section 41-29-139;

              (viii)  The offender was convicted of felony child abuse;

              (ix)  The offender was convicted of kidnapping;

              (x)  The offender was convicted of burglary of a dwelling; or

              (xi)  The offender was convicted of a homicide under Section 97-3-19.