2006 Regular Session
By: Representative Mayo, Compretta, Gunn, Martinson, Reynolds, Moore, Formby, Wells-Smith
AN ACT TO CREATE NEW SECTION 99-19-84, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ELECTRONIC SUPERVISION FOR CERTAIN SEX OFFENDERS UPON EXPIRATION OF ANY TERM OF INCARCERATION, AND TO REQUIRE CERTAIN SEX OFFENDERS TO BE ELECTRONICALLY MONITORED AND TO BE TESTED FOR SEXUAL ENHANCEMENT DRUGS; TO CREATE NEW SECTION 47-5-1017, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO USE A CERTAIN SYSTEM WHEN ELECTRONICALLY MONITORING CERTAIN OFFENDERS; TO CREATE NEW SECTION 47-5-1019, MISSISSIPPI CODE OF 1972, TO PROVIDE THE PUNISHMENT FOR TAMPERING WITH AN ELECTRONIC MONITORING DEVICE; TO CREATE NEW SECTION 47-5-1020, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN SEX OFFENDERS SHALL PAY A PROGRAM FEE TO BE ELECTRONICALLY MONITORED; TO AMEND SECTIONS 47-7-37 AND 47-7-34, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO REQUIRE A FIRST-TIME OFFENDER WHO IS CONVICTED OF RECEIVING PORNOGRAPHY THROUGH THE INTERNET TO REPORT AS A SEXUAL OFFENDER FOR A CERTAIN PERIOD OF TIME; TO PROVIDE CRIMINAL PENALTIES FOR ANY PERSON WHO KNOWINGLY HOUSES A PERSON CONVICTED OF A SEX CRIME WHERE CHILDREN ARE PRESENT UNDER CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 99-19-84, Mississippi Code of 1972:
99-19-84. (1) Any person who has, before the passage of this act, committed a sex offense or attempted sex offense as defined in Section 45-33-23 and is convicted thereof may be placed on electronic monitoring upon release from incarceration for the entire length of his or her parole, probation, post-release supervision, or other form of supervision by the Department of Corrections.
(2) Any person who commits a sex offense or attempted sex offense as defined in Section 45-33-23 on or after the effective date of this act and is convicted thereof may be placed on electronic monitoring upon release from incarceration for the entire length of his or her probation, post-release supervision, or other form of supervision by the Department of Corrections.
(3) Any person convicted on or after January 1, 2000, of receiving pornography through the Internet and whose sentence included house arrest followed by probation with no incarceration in a state or federal prison shall be required to report as a sexual offender to the proper authorities for a period not to exceed the terms of such house arrest and probation. This subsection shall apply only to first-time offenders.
(4) Any person who commits a sex offense or attempted sex offense as defined in Section 45-33-23 on or after the effective date of this act and is convicted thereof, and the unlawful activity involved a victim who was under sixteen (16) years of age and the offender was eighteen (18) years of age or older shall be placed on electronic monitoring for life after his or her release from incarceration.
(5) Any person who is placed on electronic monitoring, as prescribed in this section, must submit to a monthly drug test to detect the presence of sexual enhancement drugs. Such monthly testing shall occur for the entire duration that the offender is on electronic monitoring. The offender shall pay the costs of the testing and such testing shall be administered by the department.
(6) Any person convicted of a misdemeanor in another state but does not classify as a reportable sex offense in that state shall not be considered as a sex offender in this state based on the conviction of the foreign state.
SECTION 2. The following shall be codified as Section 47-5-1017, Mississippi Code of 1972:
47-5-1017. The department is authorize to electronically monitor an offender sentenced pursuant to Section 99-19-84. The department, when electronically monitoring a sex offender, must use a system that monitors and identifies the offender's location and timely reports or records the offender's presence near or within prohibited areas or the offender's departure from specified geographic limitations. The department shall promulgate rules that prescribe reasonable guidelines under which electronic monitoring shall be carried out pursuant to Section 99-19-84.
SECTION 3. The following shall be codified as Section 47-5-1019, Mississippi Code of 1972:
47-5-1019. A person who intentionally alters, tampers with, damages or destroys any electronic monitoring equipment utilized pursuant to Section 99-19-84, unless the person is the owner of the equipment or an agent of the owner performing ordinary maintenance and repairs, commits a felony punishable by imprisonment not to exceed five (5) years in the custody of the Department of Corrections.
SECTION 4. Section 47-7-34, Mississippi Code of 1972, is amended as follows:
47-7-34. (1) When a court imposes a sentence upon a conviction for any felony committed after June 30, 1995, the court, in addition to any other punishment imposed if the other punishment includes a term of incarceration in a state or local correctional facility, may impose a term of post-release supervision. However, the total number of years of incarceration plus the total number of years of post-release supervision shall not exceed the maximum sentence authorized to be imposed by law for the felony committed. The defendant shall be placed under post-release supervision upon release from the term of incarceration. The period of supervision shall be established by the court.
(2) The period of post-release supervision shall be conducted in the same manner as a like period of supervised probation, including a requirement that the defendant shall abide by any terms and conditions as the court may establish. Failure to successfully abide by the terms and conditions shall be grounds to terminate the period of post-release supervision and to recommit the defendant to the correctional facility from which he was previously released. Procedures for termination and recommitment shall be conducted in the same manner as procedures for the revocation of probation and imposition of a suspended sentence.
(3) Post-release supervision programs shall be operated through the probation and parole unit of the Division of Community Corrections of the department. The maximum amount of time that the Mississippi Department of Corrections may supervise an offender on the post-release supervision program is five (5) years.
(4) The provisions of this section shall not affect the electronic monitoring of a sex offender pursuant to Section 94-19-84.
SECTION 5. Section 47-7-37, Mississippi Code of 1972, is amended as follows:
47-7-37. The period of probation shall be fixed by the court, and may at any time be extended or terminated by the court, or judge in vacation. Such period with any extension thereof shall not exceed five (5) years, except that in cases of desertion and/or failure to support minor children, the period of probation may be fixed and/or extended by the court for so long as the duty to support such minor children exists.
At any time during the period of probation the court, or judge in vacation, may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the probationer to be arrested. Any probation and parole officer may arrest a probationer without a warrant, or may deputize any other officer with power of arrest to do so by giving him or her a written statement setting forth that the probationer has, in the judgment of the probation and parole officer, violated the conditions of probation. Such written statement delivered with the probationer by the arresting officer to the official in charge of a county jail or other place of detention shall be sufficient warrant for the detention of the probationer.
The probation and parole officer after making an arrest shall present to the detaining authorities a similar statement of the circumstances of violation. The probation and parole officer shall at once notify the court of the arrest and detention of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation. Thereupon, or upon an arrest by warrant as herein provided, the court, in termtime or vacation, shall cause the probationer to be brought before it and may continue or revoke all or any part of the probation or the suspension of sentence, and may cause the sentence imposed to be executed or may impose any part of the sentence which might have been imposed at the time of conviction.
If the probationer is arrested in a circuit court district in the State of Mississippi other than that in which he or she was convicted, the probation and parole officer, upon the written request of the sentencing judge, shall furnish to the circuit court or the county court of the county in which the arrest is made, or to the judge of such court, a report concerning the probationer, and such court or the judge in vacation shall have authority, after a hearing, to continue or revoke all or any part of probation or all or any part of the suspension of sentence, and may in case of revocation proceed to deal with the case as if there had been no probation. In such case, the clerk of the court in which the order of revocation is issued shall forward a transcript of such order to the clerk of the court of original jurisdiction, and the clerk of that court shall proceed as if the order of revocation had been issued by the court of original jurisdiction. Upon the revocation of probation or suspension of sentence of any offender, such offender shall be placed in the legal custody of the State Department of Corrections and shall be subject to the requirements thereof.
Any probationer who removes himself or herself from the State of Mississippi without permission of the court placing him on probation, or the court to which jurisdiction has been transferred, shall be deemed and considered a fugitive from justice and shall be subject to extradition as now provided by law. No part of the time that one is on probation shall be considered as any part of the time that he or she shall be sentenced to serve.
The arresting officer, except when a probation and parole officer, shall be allowed the same fees as now provided by law for arrest on warrant, and such fees shall be taxed against the probationer and paid as now provided by law.
The arrest, revocation and recommitment procedures of this section also apply to persons who are serving a period of post-release supervision imposed by the court.
The provisions of this section shall not affect electronic monitoring of a sex offender pursuant to Section 99-19-84.
SECTION 6. The following shall be codified as Section 47-5-1020, Mississippi Code of 1972:
47-5-1020. Sex offenders who are electronically monitored by the department, pursuant to Section 99-19-84, shall pay fees as directed by the department. Program fees shall not be less than Seventy-five Dollars ($75.00) per month except in cases of extreme financial hardship as determined by the department.
SECTION 7. It shall be unlawful to knowingly house a person convicted of a sex crime in any home where children are present and where such arrangement has been approved by the sheriff of the county. Any person who violates the provisions of this act shall be guilty of a misdemeanor and, upon conviction, be fined One Thousand Dollars ($1,000.00) and shall forfeit any TANF benefits for three (3) months. The Department of Human Services shall determine whether any children affected by violation of this section shall be placed in another home or in foster care.
SECTION 8. This act shall take effect and be in force from and after July 1, 2007.