2005 Regular Session
By: Representative Malone
AN ACT TO REENACT SECTIONS 47-5-1001, 47-5-1003, 47-5-1005, 47-5-1007, 47-5-1009, 47-5-1011, 47-5-1013 AND 47-5-1015, MISSISSIPPI CODE OF 1972, WHICH ESTABLISH THE INTENSIVE SUPERVISION PROGRAM AND PERMIT A COURT TO PLACE AN OFFENDER IN THE PROGRAM AS AN ALTERNATIVE TO INCARCERATION, PROVIDE RULES AND GUIDELINES FOR OPERATION OF THE PROGRAM, PROVIDE PAYMENT OF FEES BY PARTICIPANTS OF THE PROGRAM AND WHICH WERE REPEALED BY OPERATION OF LAW ON JULY 1, 2004; TO AMEND REENACTED SECTION 47-5-1013, MISSISSIPPI CODE OF 1972, TO INCREASE THE MONTHLY FEE THAT IS PAID BY PARTICIPANTS OF THE INTENSIVE SUPERVISION PROGRAM TO THE DEPARTMENT OF CORRECTIONS; TO AMEND REENACTED SECTION 47-5-1015, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF REPEAL ON THE REENACTED SECTIONS FROM JUNE 30, 2004, TO JUNE 30, 2006; TO REQUIRE THAT PARTICIPANTS WHO HAVE BEEN IN THE INTENSIVE SUPERVISION PROGRAM SINCE JULY 1, 2004, WHETHER PLACED INTO THE PROGRAM BEFORE OR AFTER JULY 1, 2004, PAY A $50.00 MONTHLY SUPERVISION FEE TO THE DEPARTMENT OF CORRECTIONS FOR THEIR SUPERVISION FROM JULY 1, 2004, OR FROM THE DATE THE PARTICIPANT WAS PLACED IN THE PROGRAM AFTER JULY 1, 2004, UNTIL THE COMPLETION OF THE PROGRAM, OR THE EFFECTIVE DATE OF THIS ACT, WHICHEVER OCCURS FIRST; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-5-1001, Mississippi Code of 1972, is reenacted as follows:
47-5-1001. For purposes of Sections 47-5-1001 through 47-5-1015, the following words shall have the meaning ascribed herein unless the context shall otherwise require:
(a) "Approved electronic monitoring device" means a device approved by the department which is primarily intended to record and transmit information regarding the offender's presence or nonpresence in the home.
(b) "Correctional field officer" means the supervising probation and parole officer in charge of supervising the offender.
(c) "Court" means a circuit court having jurisdiction to place an offender to the intensive supervision program.
(d) "Department" means the Department of Corrections.
(e) "House arrest" means the confinement of a person convicted or charged with a crime to his place of residence under the terms and conditions established by the department or court.
(f) "Operating capacity" means the total number of state offenders which can be safely and reasonably housed in facilities operated by the department and in local or county jails or other facilities authorized to house state offenders as certified by the department, subject to applicable federal and state laws and rules and regulations.
(g) "Participant" means an offender placed into an intensive supervision program.
SECTION 2. Section 47-5-1003, Mississippi Code of 1972, is reenacted 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 violation of Section 41-29-139(a)(1) shall not be placed in the program.
(2) The court placing an offender in the intensive supervision program may, acting upon the advice and consent of the commissioner and not later than one (1) year after the defendant has been delivered to the custody of the department, suspend the further execution of the sentence and place the defendant on intensive supervision, except when a death sentence or life imprisonment is the maximum penalty which may be imposed or if the defendant has been confined for the conviction of a felony on a previous occasion in any court or courts of the United States and of any state or territories thereof or has been convicted of a felony involving the use of a deadly weapon.
(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 may 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 hearing officer.
(4) When any circuit or county court places an offender in an intensive supervision program, the court shall give notice to the Mississippi Department of Corrections within fifteen (15) days of the court's decision to place the offender in an intensive supervision program. Notice shall be delivered to the central office of the Mississippi Department of Corrections and to the regional office of the department which will be providing supervision to the offender in an intensive supervision program.
The courts may not require an offender to complete the intensive supervision program as a condition of probation or post-release supervision.
SECTION 3. Section 47-5-1005, Mississippi Code of 1972, is reenacted as follows:
47-5-1005. (1) The department shall promulgate rules that prescribe reasonable guidelines under which an intensive supervision program shall operate. These rules shall include, but not be limited to, the following:
(a) The participant shall remain within the interior premises or within the property boundaries of his or her residence at all times during the hours designated by the correctional field officer.
(b) Approved absences from the home may include, but are not limited to, the following:
(i) Working or employment approved by the court or department and traveling to or from approved employment;
(ii) Unemployed and seeking employment approved for the participant by the court or department;
(iii) Undergoing medical, psychiatric, mental health treatment, counseling or other treatment programs approved for the participant by the court or department;
(iv) Attending an educational institution or a program approved for the participant by the court or department;
(v) Participating in community work release or community service program approved for the participant by the court or department; or
(vi) For another compelling reason consistent with the public interest, as approved by the court or department.
(2) The department shall select and approve all electronic monitoring devices used under Sections 47-5-1001 through 47-5-1015.
(3) The department may lease the equipment necessary to implement the intensive supervision program and to contract for the monitoring of such devices. The department is authorized to select the lowest price and best source in contracting for these services.
SECTION 4. Section 47-5-1007, Mississippi Code of 1972, is reenacted 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.
(9) The participant shall abide by other conditions as set by the department.
SECTION 5. Section 47-5-1009, Mississippi Code of 1972, is reenacted as follows:
47-5-1009. (1) The department shall have absolute immunity from liability for any injury resulting from a determination by a judge or correctional officer that an offender shall be allowed to participate in the electronic home detention program.
(2) The Department of Audit shall annually audit the records of the department to ensure compliance with Sections 47-5-1001 through 47-5-1015.
SECTION 6. Section 47-5-1011, Mississippi Code of 1972, is reenacted as follows:
47-5-1011. (1) Before entering an order for commitment for electronic house arrest, the department shall inform the participant and other persons residing in the home of the nature and extent of the approved electronic monitoring devices by doing the following:
(a) Securing the written consent of the participant in the program to comply with the rules and regulations of the program.
(b) Advising adult persons residing in the home of the participant at the time an order or commitment for electronic house arrest is entered and asking such persons to acknowledge the nature and extent of approved electronic monitoring devices.
(c) Insuring that the approved electronic devices are minimally intrusive upon the privacy of other persons residing in the home while remaining in compliance with Sections 47-5-1001 through 47-5-1015.
(2) The participant shall be responsible for the cost of equipment and any damage to such equipment. Any intentional damage, any attempt to defeat monitoring, any committing of a criminal offense or any associating with felons or known criminals, shall constitute a violation of the program.
(3) Any person whose residence is utilized in the program shall agree to keep the home drug and alcohol free and to exclude known felons and criminals in order to provide a noncriminal environment.
SECTION 7. Section 47-5-1013, Mississippi Code of 1972, is reenacted and amended as follows:
47-5-1013. 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 Seventy-Five Dollars ($75.00) nor more than the actual cost of the program. The sentencing judge may charge a program fee of less than Seventy-Five Dollars ($75.00) 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.
SECTION 8. Section 47-5-1015, Mississippi Code of 1972, is reenacted and amended as follows:
47-5-1015. Sections 47-5-1001 through 47-5-1015 shall stand repealed after June 30, 2006.
SECTION 9. Participants who have been in the intensive supervision program since July 1, 2004, whether placed into the program before or after July 1, 2004, shall pay a Fifty Dollars ($50.00) monthly supervision fee to the Mississippi Department of Corrections for their supervision from July 1, 2004, or from the date the participant entered the program after July 1, 2004, until completion of the program, or the effective date of House Bill No. ____, 2005 Regular Session, or whichever occurs first. From and after the passage of House Bill No. ____, 2005 Regular Session, all participants of the intensive supervision program shall pay the fee as established in Section 47-5-1013.
SECTION 10. Except for the increase in the monthly fee that is to be paid by participants of the intensive supervision program, under Section 47-5-1013, after the effective date of this act, the intensive supervision program, which is established in Sections 1 through 8 of this act, is a continuation of the intensive supervision program that existed on June 30, 2004.
SECTION 11. This act shall take effect and be in force from and after its passage.