2007 Regular Session
By: Representative Malone
AN ACT TO AMEND SECTION 47-5-1005, MISSISSIPPI CODE OF 1972, TO PROHIBIT PARTICIPANTS IN THE INTENSIVE SUPERVISION PROGRAM FROM LEAVING THE JURISDICTION OF THE STATE OF MISSISSIPPI EXCEPT WHEN MEDICAL EMERGENCIES OCCUR FOR SUCH PARTICIPANTS AND APPROVAL IS GIVEN BY THE COMMISSIONER OF CORRECTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-5-1005, Mississippi Code of 1972, is amended 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 a 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.
(c) Except in case of a medical emergency and approval by the Commissioner of the Department of Corrections or his or her designee, no participant in the intensive supervision program may leave the jurisdiction of the State of Mississippi.
(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 2. This act shall take effect and be in force from and after July 1, 2007.