2011 Regular Session
To: Judiciary, Division A
By: Senator(s) McDaniel, Watson
AN ACT TO PROVIDE FOR THE CONDITIONAL RELEASE OF AN OFFENDER TO THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT AGENCY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Parole Board may conditionally release an offender into the custody and control of the United States Immigration and Customs Enforcement if all of the following requirements are satisfied:
(a) The Department of Corrections has received a final order of removal for the offender from United States Immigration and Customs Enforcement;
(b) The offender was convicted of a nonviolent criminal offense and is incarcerated for that offense. If the offender was convicted of and is incarcerated for more than one (1) offense, then all of the offenses of which the offender was convicted and is incarcerated must be nonviolent criminal offenses;
(c) The offender has served at least one-half (1/2) of the minimum sentence imposed by the court;
(d) The offender was not convicted of an impaired driving offense resulting in death or serious bodily injury under Section 63-11-30; and
(e) The offender agrees not to reenter the United States unlawfully.
(2) The decision to release an offender once the requirements of subsection (1) of this section are satisfied is in the sole unappealable discretion of the Parole Board.
(3) If the United States Immigration and Customs Enforcement is unable to or does not deport the offender, the offender shall be returned to the custody of the Department of Corrections to serve the remainder of the original sentence.
(4) An offender released pursuant to this section who returns unlawfully and willfully to the United States violates the conditions of the offender's early release.
(5) An offender who violates the conditions of the offender's early release is subject to arrest by a law enforcement officer.
(6) Upon notification from any federal or state law enforcement agency that the offender is in custody, and after notice and opportunity to be heard, the Parole Board shall revoke the offender's release and reimprison the offender for a period equal to the offender's maximum sentence minus time already served by the offender upon a finding that the offender has violated the conditions of the offender's early release.
(7) Upon revocation of release under this subsection, the offender shall not be eligible for any future release under this section or for any other release from confinement, other than post-release supervision, until the remainder of the sentence of imprisonment is served.
SECTION 2. This act shall take effect and be in force from and after July 1, 2011.