MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Judiciary B
By: Representatives Gipson, Bomgar, Karriem, Sykes
AN ACT TO PROHIBIT ANY JUSTICE, MUNICIPAL, COUNTY OR CIRCUIT COURT FROM INCARCERATING OR DETAINING ANY DEFENDANT SOLELY BECAUSE OF THE INABILITY OF A PERSON TO PAY COURT-ORDERED MONIES TO THE COURT UNLESS THE DEFENDANT WILLFULLY DOES NOT PAY WHEN HE OR SHE HAS THE ABILITY TO PAY; TO PROVIDE THAT FINANCIAL HARDSHIP FORMS SHALL BE MADE AVAILABLE TO DEFENDANTS AT COURT PROCEEDINGS; TO REQUIRE A JUDGE TO CONDUCT AN INDIVIDUALIZED INQUIRY INTO A DEFENDANT'S ABILITY TO PAY COURT-ORDERED MONIES; TO REQUIRE A JUDGE TO USE CERTAIN CRITERIA WHEN DETERMINING IF A DEFENDANT IS INDIGENT; TO AUTHORIZE A DEFENDANT TO PARTICIPATE IN A PAYMENT PLAN OR COMMUNITY SERVICE PLAN UNDER CERTAIN CIRCUMSTANCES; TO REQUIRE THE COURT TO PERFORM CERTAIN DUTIES WHEN A DEFENDANT IS PLACED ON SUCH PLAN; TO REQUIRE THE COURT TO PROVIDE THE DEFENDANT CERTAIN NOTICE IF A DEFENDANT FAILS TO MAKE A SCHEDULED PAYMENT OR FAILS TO PERFORM CERTAIN COMMUNITY SERVICE; TO PROVIDE CERTAIN PENALTIES FOR A DEFENDANT WHO FAILS TO MAKE A PAYMENT ON A PLAN OR FAILS TO PERFORM COMMUNITY SERVICE; TO PROVIDE THAT AFTER A HEARING IS HELD, A JUDGE MAY IMPLEMENT CERTAIN GRADUATED SANCTIONS FOR A DEFENDANT WHO FAILS TO MAKE SUCH PAYMENT OR PERFORM SUCH COMMUNITY SERVICE; TO PROVIDE THAT A DEFENDANT MAY BE INCARCERATED FOR WILLFUL FAILURE TO COMPLY WITH THE TERMS OF A PAYMENT PLAN OR COMMUNITY SERVICE PLAN AFTER THE COURT HAS MADE CERTAIN WRITTEN FINDINGS OF FACT; TO REQUIRE THE COURT TO IMMEDIATELY RELEASE A DEFENDANT WHO WILLFULLY FAILS TO COMPLY WITH THE TERMS OF A PLAN IF THE DEFENDANT PAYS HIS OR HER OUTSTANDING COURT-ORDERED MONIES; TO PROVIDE THAT AFTER A CERTAIN DATE, THOSE CURRENTLY INCARCERATED FOR FAILURE TO PAY CERTAIN COURT-ORDERED MONIES SHALL BE RELEASED AND PLACED ON A PAYMENT PLAN OR COMMUNITY SERVICE PLAN; TO PROVIDE CERTAIN REMEDIES FOR ANY PERSON PREVIOUSLY INCARCERATED FOR AN ALLEGED FAILURE TO PAY; TO PROVIDE THAT ANY PERSON ARRESTED FOR A MISDEMEANOR SHALL BE RELEASED ON HIS OR HER PERSONAL RECOGNIZANCE UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE CERTAIN PROCEDURES IF A PERSON FAILS TO APPEAR ON A RECOGNIZANCE BOND; TO REQUIRE A COURT TO PROVIDE ALL INDIGENT DEFENDANTS WITH A PUBLIC DEFENDER OR COURT APPOINTED ATTORNEY; TO REQUIRE COURTS TO PERFORM CERTAIN OTHER DUTIES IN RELATION TO THIS ACT; TO AMEND SECTIONS 99-19-20, 99-37-7 AND 47-1-1, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING SECTIONS; TO BRING FORWARD SECTION 21-23-7, MISSISSIPPI CODE OF 1972, WHICH PERTAINS TO THE POWERS AND DUTIES OF A MUNICIPAL JUDGE, FOR PURPOSES OF AMENDMENT; TO BRING FORWARD SECTION 21-23-8, MISSISSIPPI CODE OF 1972, WHICH PERTAINS TO BAIL IN MUNICIPAL COURTS, FOR PURPOSES OF AMENDMENT; TO AMEND SECTION 63-1-71, MISSISSIPPI CODE OF 1972, TO LIMIT THE SUSPENSION OF DRIVING PRIVILEGES FOR VIOLATIONS OF THE UNIFORM CONTROLLED SUBSTANCES LAW TO VIOLATIONS OF DRIVING UNDER THE INFLUENCE OF CONTROLLED SUBSTANCES; TO AMEND SECTION 63-1-51, MISSISSIPPI CODE OF 1972, TO REMOVE THE PROVISIONS OF LAW THAT AUTHORIZE THE SUSPENSION OF DRIVER'S LICENSES FOR THE FAILURE TO PAY A FEE OR FINE, RESPOND TO A SUMMONS OR FOR BEING OUT OF COMPLIANCE WITH AN ORDER FOR SUPPORT; TO AMEND SECTION 63-1-53, MISSISSIPPI CODE OF 1972, TO REMOVE THE PROVISIONS OF LAW THAT AUTHORIZE THE SUSPENSION OF DRIVER'S LICENSES FOR THE FAILURE TO PAY A FEE OR FINE OR RESPOND TO A SUMMONS; TO AMEND SECTION 93-11-153, MISSISSIPPI CODE OF 1972, TO REMOVE DRIVER'S LICENSES FROM THE LICENSES THAT MAY BE SUSPENDED FOR BEING OUT OF COMPLIANCE WITH AN ORDER FOR SUPPORT; TO BRING FORWARD SECTION 63-1-46, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; TO AMEND SECTION 63-1-216, MISSISSIPPI CODE OF 1972, TO CONFORM WITH CERTAIN PROVISIONS OF THIS ACT; TO AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN OTHERWISE INELIGIBLE INMATE FOR PAROLE SHALL BE ELIGIBLE FOR PAROLE IF AN INMATE HAS NOT BEEN CONVICTED OF COMMITTING A CRIME OF VIOLENCE, DRUG TRAFFICKING OR AS A HABITUAL OFFENDER AND HE OR SHE HAS SERVED AT LEAST 25% OF HIS OR HER SENTENCE; TO AMEND SECTION 97-3-2, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF CRIME OF VIOLENCE BY EXCLUDING A CERTAIN TYPE OF BURGLARY OF A DWELLING; TO BRING FORWARD SECTION 9-23-15, MISSISSIPPI CODE OF 1972, WHICH DEFINES ELIGIBILITY FOR DRUG COURTS, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. No defendant shall be incarcerated or detained solely because of the inability to pay any court-ordered monies, including fines, fees, court costs or a monetary bond to a justice, municipal, county or circuit court.
SECTION 2. No defendant shall be incarcerated for the failure to pay any court-ordered monies, including fines, fees and court costs, unless a justice, municipal, county or circuit judge makes written findings, after appointing counsel to represent the defendant and conducting a hearing in a manner consistent with Section 99-19-20, that the defendant has the ability to pay and the failure to pay was willful. Moreover, as provided under Section 24 of this act, a court shall implement a system of graduated sanctions for those cases in which a judge makes a written finding that a defendant has willfully failed to pay court-ordered monies.
SECTION 3. Financial hardship forms shall be made available to defendants at all court proceedings. At the beginning of each court session, court personnel or a public defender shall announce the availability of such forms and advise all defendants that they may complete a financial hardship form in order to allow the court to consider financial conditions at the time of sentencing. The judge shall also advise each defendant of the availability and purpose of the financial hardship forms when a defendant's case is called. Defendants shall be offered the assistance of a public defender or court appointed attorney when completing the form.
SECTION 4. When a defendant is adjudicated guilty, by plea or by trial, for an offense for which a judge has the discretion to impose a fine, the judge shall conduct an individualized inquiry into the defendant's ability to pay before determining the amount of the fine, if any, that may be imposed. In all such cases:
(a) The judge shall inform the defendant of the maximum fine(s) authorized by law, or the maximum fine(s) that the judge is considering imposing on the defendant, if less than the amount authorized by law, and the related fees and costs.
(b) The judge shall inquire as to whether the defendant has completed a financial hardship form and shall explain its use in sentencing. If a defendant has completed the form, it shall be provided to the judge for consideration. If a defendant has not yet completed a financial hardship form and wishes to do so, the defendant shall be provided an opportunity to complete the form with the assistance of a public defender or court appointed attorney.
(c) Financial hardship forms are submitted under penalty of perjury.
(d) The judge shall consider the information in the financial hardship form in determining the amount of the discretionary fine, if any, that may be imposed. The fine, if any, shall be proportionate to the defendant's ability to pay. The judge shall not assess any discretionary costs or fees on a defendant who meets the objective definition of indigence as provided under Section 7 of this act.
(e) No person shall be sentenced to a term of incarceration because he or she lacks the ability to pay fine(s), fees or costs.
SECTION 5. When fines, fees and/or costs are imposed by a judge, the judge shall ask the defendant if he or she can afford to pay the full amount of the fines, fees and costs on that same day. If the defendant states that he or she is able to pay the full amount of the fines, fees and costs on the same day, the defendant shall be informed how to make the payment. When the defendant pays the full amount of the fines, fees and costs, he or she shall receive a receipt confirming that the judgment has been satisfied and a copy of the receipt shall be placed in the court file, and the case shall be closed. The receipt shall include the defendant's name, the case number(s), and the date the judgment was satisfied.
SECTION 6. If, following the inquiry by a judge, as prescribed under Section 4 of this act, a defendant states that he or she is unable to pay the full amount of a fine(s), fee(s) or cost(s) on the day it is imposed, the judge shall consider the information in the defendant's financial hardship form in determining a reasonable time and method of payment. If the defendant meets the objective definition of indigence provided under Section 7 of this act, the judge shall provide the defendant with the option of satisfying the judgment by (i) paying off the judgment in monthly payments of Twenty-five Dollars ($25.00) or less; or (ii) performing community service at a fixed hourly rate of at least Nine Dollars ($9.00) per hour or the state or federal minimum wage, whichever is highest.
SECTION 7. The court shall use the current Federal Poverty Guidelines ("FPG") when making indigence determinations, and there shall be a presumption of indigence when a defendant's income is at or below one hundred twenty-five percent (125%) of the FPG, subject to a review of his or her assets. A defendant at or below one hundred twenty-five percent (125%) of the FPG without substantial liquid assets available to pay fines, fees, and costs shall be deemed indigent. In determining whether a defendant has substantial liquid assets, the judge shall not consider up to Ten Thousand Dollars ($10,000.00) in tangible personal property, including motor vehicles, household goods, cash on hand, etc., or any other assets or monies exempted from seizure under execution or attachment as provided under Section 85-3-1. If the defendant is above one hundred twenty-five percent (125%) of the FPG, the judge shall make an individualized assessment of his or her ability to pay based on the totality of the circumstances including, but not limited to, the defendant's disposable income, financial obligations and liquid assets. If the judge determines that a defendant who claims indigence is not indigent, the case file shall include a written explanation of the basis for the determination of the judge.
SECTION 8. In no event shall a defendant be charged extra fees or costs, or otherwise be penalized, for participation in a payment plan or community service plan as authorized under this act.
SECTION 9. If a defendant chooses the option of community service, the weekly requirement shall be a minimum of eight (8) hours and a maximum of twenty (20) hours of community service. However, a judge may order more hours of weekly community service at the request of the defendant. When imposing community service, the judge shall take into consideration the work or school schedule and other obligations of the defendant, proof of which shall be provided by the defendant, and shall not require the defendant to perform community service at a time that conflicts with the defendant's work or school schedule.
SECTION 10. In order to allow defendants to attend school, maintain employment, or seek employment while completing community service, the court's community service program shall be expanded to include evening and weekend shifts from and after July 1, 2017. If from and after July 1, 2017, accommodations have not been made for evenings and weekends, and if the defendant still desires the accommodations, then the defendant shall be allowed to perform less than eight (8) hours per week to fulfill his or her community service requirements until accommodations become available.
SECTION 11. The court shall provide reasonable accommodations, as provided under Title II of the Americans with Disabilities Act of 1990, such that qualified individuals with disabilities may participate in its community service program.
SECTION 12. When a defendant is placed on a payment plan or community service plan, the judge shall explain the terms of the plan to the defendant in open court. The judge shall ensure that the defendant understands the terms of the payment or community service plan and a written copy of the plan shall be provided to the defendant. No defendant shall be asked to sign a payment plan agreement or community service plan agreement until the terms of that agreement have been explained to him or her by the judge or the public defender or court appointed attorney.
SECTION 13. Upon being placed in a community service program, the court shall provide to the defendant in writing the address to which a defendant must first report for community service, the date and time on which he or she must first report for community service, and the telephone number of the community service coordinator(s). Upon first reporting for community service, a written community service plan shall be provided to the defendant by either the court or the entity at which the assigned community service shall be performed.
SECTION 14. Each written copy of a payment or community service plan shall include the following:
(a) Notice that no defendant shall be incarcerated for the inability to comply with the terms of a payment or community service plan;
(b) Notice of the defendant's obligation, as provided under Section 15 of this act, to notify court services of any changes to his or her mailing address;
(c) Notice of the defendant's right, as provided under Section 17 of this act, to adjust his or her payment or community service plan based on a change in his or her circumstances;
(d) Notice of the defendant's rights, as provided under Sections 18 and 19 of this act, to request a free paper copy of his or her payment or community service record and to challenge the court's record of his or her payments or community service;
(e) Notice of the graduated sanctions, as provided under Section 24 of this act, that may be imposed for willful failures to comply with the terms of a payment or community service plan; and
(f) The telephone number and mailing address for court services.
SECTION 15. When a defendant is placed on a payment plan or community service plan, the judge or a designated court services staff member shall confirm the defendant's mailing address and telephone number(s), which is to include any cell phone numbers. This information shall be recorded in the defendant's case file(s). The written copy of the payment or community service plan shall inform the defendant of his or her obligation to notify court services of any changes to his or her mailing address or telephone number(s). The lack of a mailing address or telephone number shall not be a basis for refusing to place a defendant on a payment plan or community service plan.
SECTION 16. The court shall keep an accurate record of a defendant's debts, payments and/or community service hours. Upon request, the court shall provide a written receipt for any payment. An accurate record of the hours of community service performed by each defendant on a community service plan shall be submitted to the court by its community service program coordinator(s) and/or the entity at which community service is being performed.
SECTION 17. A defendant on a payment plan or community service plan may appear at a time designated by the court, no less frequently than twice a month to be placed on the docket for a hearing that same day before a judge to adjust his or her plan, or to switch to a payment plan or community service plan, based on a change in his or her circumstances.
SECTION 18. At any time, a defendant on a payment plan may request from court services and shall be provided a free paper copy of his or her payment history. A defendant who wishes to contest the court's record of his or her payments may appear at a time designated by the court, no less frequently than twice a month, to be placed on the docket for a hearing that same day before a judge.
SECTION 19. At the end of each month, the community service program coordinator(s) or the entity at which community service is being performed shall make available, upon request, to each person on a community service plan a free copy of his or her community service history. A defendant who wishes to contest the record of his or her community service may appear at a time designated by the court, no less frequently than twice a month to be placed on the docket for an appearance that same day before a judge. The judge shall then set a date for a hearing at which both the defendant and the defendant's community service program coordinator shall be afforded an opportunity to address the court regarding the defendant's community service history.
SECTION 20. If a defendant on a payment plan fails to make a scheduled monthly payment, court services shall mail written notification of the alleged missed payment to the defendant within thirty (30) days of the missed payment due date. The notification shall inform the defendant of his or her right to appear at the court on a Tuesday or Thursday morning within thirty (30) days of receipt of that notification for the purpose of participating in a hearing before a judge at which he or she may explain or challenge the alleged missed payment and request a continuation of, or an adjustment to, his or her payment plan. The written notification also shall inform the defendant that his or her ability to pay shall be considered at the hearing and that no person who is unable to pay due to indigence shall be incarcerated for a failure to make a payment. A copy of the notification shall be placed in the defendant's court file(s).
SECTION 21. If a defendant on a payment plan fails to make two (2) consecutive monthly payments and fails to request a hearing to explain or challenge the missed payments, the court may personally serve a written notice to the defendant directing him or her to appear at the court on a date certain for a hearing at which he or she shall be required to show cause why he or she should not be held in contempt for failing to comply with the terms of his or her plan. No person shall be detained or incarcerated at the time such written notice is served. The written notice shall inform the defendant that failure to appear as instructed may result in the issuance of a warrant for his or her arrest.
SECTION 22. If a defendant on a community service plan fails to perform the requisite community service hours in a particular month, court services shall mail written notification of the alleged failure to the defendant within fourteen (14) days of the end of that month or within fourteen (14) days of notice to court services of the failure to comply. The notification shall inform the defendant of his or her right to appear at the court on a Tuesday or Thursday morning within fourteen (14) days of receipt of that notification for the purpose of participating in a hearing before a judge, at which he or she may explain or challenge the alleged failure and request a continuation of, or an adjustment to, his or her community service plan. A copy of the notification shall be placed in the court file(s) of the defendant.
SECTION 23. If a defendant on a community service plan fails to perform the requisite community service hours for two consecutive two-week periods, the court may personally serve a written notice to the defendant directing him or her to appear at court on a date certain for a hearing at which he or she shall be required to show cause why he or she should not be held in contempt for failing to comply with the terms of his or her plan. No person shall be detained or incarcerated at the time such written notice is served. The written notice shall inform the defendant that failure to appear as instructed may result in the issuance of a warrant for his or her arrest.
SECTION 24. (1) If, following a hearing at which the defendant is present and represented by a public defender or retained counsel, as the case may be, a judge makes written findings that a defendant has willfully failed to make a monthly payment(s) or willfully failed to perform community service hours, the judge may:
(a) Warn the defendant that further willful failure to comply with the terms of his or her payment or community service plan may result in his or her incarceration; and/or
(b) Modify the terms of the defendant's payment or community service plan to enable the defendant to comply with the plan; and/or
(c) Incarcerate the defendant at a detention facility for up to two (2) days for the first finding of willful failure(s) to comply with the terms of his or her payment or community service plan; or
(d) Incarcerate the defendant at a detention facility for up to seven (7) days for the second finding of willful failure(s) to comply with the terms of his or her payment or community service plan; or
(e) Incarcerate the defendant for one day for each One Hundred Dollars ($100.00) of his or her outstanding indebtedness at a detention facility for the third or subsequent finding of willful failure(s) to comply with the terms of his or her payment or community service plan.
(2) Defendants incarcerated for a third willful failure to comply with the terms of a payment or community service plan shall be given credit toward their debt at the rate of One Hundred Dollars ($100.00) per day of incarceration. In the event a defendant incarcerated for a third willful failure to comply with the terms of his or her payment or community service plan has an outstanding balance after any term of incarceration imposed by the court, the court may then (a) waive the outstanding balance or (b) place the defendant back on a payment or community service plan as described under this act.
(3) A defendant's aggregate term of incarceration for a conviction and any failure(s) to comply with a payment or community service plan related to that conviction may not exceed the maximum term of incarceration authorized by statute for the underlying offense.
SECTION 25. If a defendant is incarcerated for a willful failure to comply with the terms of a payment plan or community service agreement, pursuant to Section 24 of this act, the defendant shall be released immediately upon payment of his or her outstanding debt for fines, fees and costs.
SECTION 26. Only in those cases in which the court has made written findings of willful failure to comply with the terms of a payment or community service plan may the court, in its discretion, impose a fine for contempt in an amount not to exceed One Hundred Dollars ($100.00) and/or a warrant fee in an amount not to exceed Twenty-five Dollars ($25.00).
SECTION 27. Copies of the judge's written findings regarding the willfulness of the failure to comply with the terms of a payment plan or community service plan shall be provided to the defendant and placed in the court file. When incarceration is ordered, a copy of the judge's written findings shall also be provided to the detention facility within forty-eight (48) hours of the admission of the defendant.
SECTION 28. If, at any time, a judge concludes that a defendant is unable to comply with the terms of a payment or community service plan due to indigence and/or disability, the judge shall revoke the fine(s), in whole or in part, pursuant to Section 99-37-11. If the entire amount of the fine is revoked, the case shall be closed.
SECTION 29. When a defendant has satisfied his or her debts in a particular case, he or she shall receive a receipt showing that the judgment has been satisfied and a copy of the receipt shall be placed in the court file, and the case shall be closed. The receipt shall include the defendant's name, the case number(s) and the date the judgment was satisfied.
SECTION 30. From and after July 1, 2017, all persons currently incarcerated for failure to pay fines, fees and costs assessed by the court shall be brought before a judge and released on a payment plan or a community service plan that complies with the terms of this act.
SECTION 31. (1) From and after July 1, 2017, any person on an existing payment plan or community service plan, or who otherwise has outstanding debts for fines, fees or costs assessed by a court, shall be allowed an opportunity to appear before a judge to be placed on a payment plan or community service plan that complies with the terms of this act.
(2) Any person who appears at court to submit payment pursuant to an existing payment plan shall be provided with a flyer advising that he or she may appear at a time designated by the court, no less frequently than twice a month, and be added to the docket so that he or she may appear before a judge to be placed on a new payment or community service plan that complies with the terms of this act. Any person on existing community service plans shall be provided with the same flyer. The defendant shall also be provided notice of the right, as provided under this act, to be placed on a payment plan or community service plan by posting the flyer on the front doors of the courthouse and on the court's payment window or other place of payment submission, and by posting the flyer on the official website of the justice, municipal, county or circuit court. No person who requests to be placed on a payment plan or community service plan that complies with the terms of this act shall be jailed for a prior failure to comply with a payment plan or community service plan.
SECTION 32. No person shall be arrested or incarcerated pursuant to a warrant for alleged unpaid fines, fees or costs issued prior to the July 1, 2017. Any person with such an outstanding warrant who is stopped or otherwise detained by law enforcement shall be issued a field release that sets forth in writing the date and time when that person is to appear in court to be placed on a payment or community service plan that complies with the terms of this act. Persons who are issued a field release and who fail to appear as instructed are subject to the issuance of a warrant and appropriate sanctions for failure to appear.
SECTION 33. Any person previously incarcerated for an alleged failure to pay fines, fees or costs assessed by the court who have outstanding unpaid fines, fees or costs shall have their remaining debt forgiven at a rate of One Hundred Dollars ($100.00) for each day of prior incarceration. Any such person who appears at the court to submit payment toward his or her current indebtedness shall be provided with a document stating that any person previously incarcerated for failure to pay fines, fees or costs assessed by the court who has outstanding unpaid fines, fees or costs is entitled to receive additional credit for each day of his or her prior incarceration. Any such person shall be informed that he or she may appear at the court at a time designated by the court and placed on the docket to appear before a judge and granted the additional credit. If the total amount of forgiveness is equal to or greater than the amount owed, the court shall provide a receipt at the hearing which will indicate that the indebtedness has been paid in full and the person's case(s) will be closed.
SECTION 34. Secured money bonds shall not be used to detain persons arrested for any misdemeanor.
SECTION 35. Any person arrested with or without a warrant for any misdemeanor that may be prosecuted, except as otherwise provided under Sections 36 and 37 of this act, shall be released on their personal recognizance as soon as practicable after arrest, subject to the conditions listed in the court's conditions of recognizance bond(s) for the court. If the arrested person has a documented history of failing to appear in court, such person also shall be released as soon as practicable after arrest, but an unsecured appearance bond in an amount not to exceed One Thousand Dollars ($1,000.00) may be imposed.
SECTION 36. (1) Any person charged with domestic violence or driving under the influence may be detained and must be brought before a judge on the next business day after arrest and in no instance more than forty-eight (48) hours after arrest, for release on personal recognizance subject to the least restrictive nonmonetary conditions necessary to ensure the appearance of the person in court and to protect the community. However, should the arrest take place during the weekend, the judge may set the conditions for release telephonically. In such cases, the defendant shall be required to appear in court for arraignment on a date and time designated by the court. The conditions of release imposed by the judge shall be listed on the face of the recognizance bond(s).
(2) In the matters described in this section, and upon a finding by the court that additional measures are required to secure the defendant's appearance, an unsecured appearance bond in an amount not to exceed One Thousand Dollars ($1,000.00) also may be imposed.
SECTION 37. Any person arrested who appears to be incapacitated or intoxicated may be held in custody up to four (4) hours before being released on his or her personal recognizance, subject to the conditions listed in the court's conditions of recognizance bond(s).
SECTION 38. Any person subject to conditions of release other than the requirement to appear in court may, at any time, request a hearing to show good cause why the conditions of his or her recognizance bond should be modified.
SECTION 39. If a no contact or stay away condition prevents a person from accessing personal items, that person shall be offered the opportunity to collect his or her personal items with an escort from the police department of the city.
SECTION 40. (1) Any person arrested and released shall be notified in writing upon release of the time, date, and place at which he or she is required to appear in court. If a person released on a recognizance bond fails to appear for a scheduled court date in the court, or otherwise fails to comply with the conditions of his or her recognizance bond, a warrant may be issued for his or her arrest. Within forty-eight (48) hours of being detained for an alleged failure to appear or failure to comply with the conditions of his or her bond, the person shall be offered an opportunity to demonstrate good cause for his or her failure to appear or noncompliance, or to rebut the allegations against him or her, at a hearing, in person or telephonic, before a judge.
(2) If no hearing is held within forty-eight (48) hours of the person's detention, as provided under subsection (1) of this section, he or she shall be released with instructions to appear before a judge on a specified date.
(3) If the judge finds by a preponderance of the evidence that the person willfully failed to appear or violated one or more of the conditions of his or her recognizance bond, without good cause, that person's bond may be revoked and he or she may be detained until his or her case reaches disposition or released subject to additional nonfinancial conditions. The judge also may release the person subject to any reasonable nonfinancial conditions, including unsecured bond. If the person previously had been placed on an appearance bond, he or she shall be eligible for release upon payment of the amount set forth in the appearance bond or upon a determination by the judge that release is appropriate without such payment.
SECTION 41. A public defender or court appointed attorney shall represent all indigent defendants charged with an offense punishable by confinement under this act.
SECTION 42. Judges shall conduct a plea colloquy consistent with the provisions of Rule 15.3 of the Mississippi Rules of Civil Procedure before accepting any guilty plea and shall ensure that the defendant is knowingly and voluntarily entering the plea and waiving his or her state and federal constitutional rights. The plea colloquy shall not be conducted by any employee of the prosecutor's office.
SECTION 43. The court shall provide each defendant who is adjudicated guilty, by trial or by plea, with written notification that he or she has a right to appeal for a trial de novo.
SECTION 44. The court shall ensure that adequate space is provided such that each defendant who is represented by a public defender may have the opportunity to meet privately with the public defender, in a confidential space, before he or she decides how to proceed with his or her case. Adequate confidential space shall be provided for this purpose in a court building. No guilty pleas shall be accepted until a judge has ensured that the defendant has had an adequate opportunity to consult privately with his or her appointed attorney and that he or she is satisfied with the advice and representation he or she has received.
SECTION 45. The court shall provide alternative appointed counsel for eligible indigent defendants who cannot be represented by a public defender because of a conflict of interest.
SECTION 46. In addition to the other duties prescribed, courts shall provide the following in adherence to this act:
(a) To develop and comply with written policies and procedures for providing defendants and the general public with prompt and easy access to public court criminal files required to be made available to the public under the Mississippi Public Records Act, and for providing paper copies of those files at a reasonable cost, and at no cost to indigent defendants seeking to challenge the fines, fees, and costs assessed against them or seeking to appeal a court judgment;
(b) To train all judges, prosecutors, public defenders, court services personnel and other court staff regarding the requirements of this act as well as all policies and procedures developed in accordance with this act;
(c) To require all public defenders to attend at least six (6) hours per year of public defender training sponsored or approved by the Office of the State Public Defender. The court shall ensure that court appointed counsel or alternative appointed counsel, which may be appointed pursuant to Section 45 of this act, as the case may be, is knowledgeable regarding the requirements of this act in order to represent defendants in court;
(d) To inform all judges and other employees that refusal to comply with the terms of this act shall subject such judges and employees to the disciplinary procedures prescribed to by the entity; and
(e) To implement any policies, regulations or municipal laws that are necessary to fully enforce the terms of this act.
SECTION 47. Section 99-19-20, Mississippi Code of 1972, is amended as follows:
99-19-20. (1) Except as
otherwise provided under Sections 1 through 46 of this act for courts, when
any court sentences a defendant to pay a fine, the court may order (a) that the
fine be paid immediately, or (b) that the fine be paid in installments to the
clerk of * * *
the court or to the judge, if there be no clerk, or (c) that payment of
the fine be a condition of probation, or (d) that the defendant be required to
work on public property for public benefit under the direction of the sheriff
for a specific number of hours, or (e) any combination of the above.
(2) Except as otherwise
provided under Sections 1 through 46 of this act for courts, the defendant
may be imprisoned until the fine is paid if the defendant is financially able
to pay a fine and the court so finds, subject to the limitations * * * provided under this
section. The defendant shall not be imprisoned if the defendant is
financially unable to pay a fine and so states to the court in writing, under
oath, after sentence is pronounced, and the court so finds, except if the
defendant is financially unable to pay a fine and such defendant failed or
refused to comply with a prior sentence as specified in subsection (1) of this
section, the defendant may be imprisoned.
This subsection shall be limited as follows:
(a) In no event shall
such period of imprisonment exceed one (1) day for each * * * One
Hundred Dollars ($100.00) of the fine. * * *
(b) If a sentence of imprisonment, as well as a fine, were imposed, the aggregate of such term for nonpayment of a fine and the original sentence of imprisonment shall not exceed the maximum authorized term of imprisonment.
(c) It shall be in the discretion of the judge to determine the rate of the credit to be earned for work performed under subsection (1)(d), but the rate shall be no lower than Nine Dollars ($9.00) per hour or the rate of the highest current federal minimum wage, whichever is higher.
(3) Periods of confinement imposed for nonpayment of two (2) or more fines shall run consecutively unless specified by the court to run concurrently.
SECTION 48. Section 99-37-7, Mississippi Code of 1972, is amended as follows:
99-37-7. (1) Subject to the provisions of Sections 1 through 46 of this act, when a defendant sentenced to pay a fine or to make restitution defaults in the payment thereof or of any installment, the court, on motion of the district attorney, or upon its own motion, may require him to show cause why his default should not be treated as contempt of court, and may issue a show cause citation or a warrant of arrest for his appearance.
(2) Subject to the provisions of Sections 1 through 46 of this act, unless the defendant shows that his default was not attributable to an intentional refusal to obey the order of the court or to a failure on his part to make a good faith effort to make the payment, the court may find that his default constitutes contempt and may order him committed until the fine or the restitution, or a specified part thereof, is paid.
(3) A judicial officer shall not be held criminally or civilly liable for failure of any defendant to pay any fine or to make restitution if the officer exercises his judicial authority in accordance with subsections (1) and (2) of this section to require the payment of such fine or restitution.
(4) When a fine or an order of restitution is imposed on a corporation or unincorporated association, it is the duty of the person authorized to make disbursement from the assets of the corporation or association to pay the fine or make the restitution from those assets, and his failure to do so may be held to be contempt unless he makes the showing required in subsection (2) of this section.
SECTION 49. Section 47-1-1, Mississippi Code of 1972, is amended as follows:
47-1-1. Every convict
sentenced to imprisonment in the county jail, or to such imprisonment and the
payment of a fine, or the payment of a fine, shall be committed to jail, and
shall remain in close confinement for the full time specified for imprisonment
in the sentence of the court, and in like confinement, subject to the
provisions of Sections 1 through 46 of this act, until the fine, costs and
jail fees be fully paid, unless discharged in due course of law, or as
hereinafter provided. * * *
Subject to the provisions of Sections 1 through 46 of this act, no
convict shall be held in continuous confinement under a conviction for any one
(1) offense for failure to pay fine and costs in such case for a period of more
than two (2) years.
SECTION 50. Section 21-23-7, Mississippi Code of 1972, is brought forward as follows:
21-23-7. (1) The municipal judge shall hold court in a public building designated by the governing authorities of the municipality and may hold court every day except Sundays and legal holidays if the business of the municipality so requires; provided, however, the municipal judge may hold court outside the boundaries of the municipality but not more than within a sixty-mile radius of the municipality to handle preliminary matters and criminal matters such as initial appearances and felony preliminary hearings. The municipal judge shall have the jurisdiction to hear and determine, without a jury and without a record of the testimony, all cases charging violations of the municipal ordinances and state misdemeanor laws made offenses against the municipality and to punish offenders therefor as may be prescribed by law. Except as otherwise provided by law, criminal proceedings shall be brought by sworn complaint filed in the municipal court. Such complaint shall state the essential elements of the offense charged and the statute or ordinance relied upon. Such complaint shall not be required to conclude with a general averment that the offense is against the peace and dignity of the state or in violation of the ordinances of the municipality. He may sit as a committing court in all felonies committed within the municipality, and he shall have the power to bind over the accused to the grand jury or to appear before the proper court having jurisdiction to try the same, and to set the amount of bail or refuse bail and commit the accused to jail in cases not bailable. The municipal judge is a conservator of the peace within his municipality. He may conduct preliminary hearings in all violations of the criminal laws of this state occurring within the municipality, and any person arrested for a violation of law within the municipality may be brought before him for initial appearance. The municipal court shall have jurisdiction of any case remanded to it by a circuit court grand jury. The municipal court shall have civil jurisdiction over actions filed pursuant to and as provided in Title 93, Chapter 21, Mississippi Code of 1972, the Protection from Domestic Abuse Act.
(2) In the discretion of the court, where the objects of justice would be more likely met, as an alternative to imposition or payment of fine and/or incarceration, the municipal judge shall have the power to sentence convicted offenders to work on a public service project where the court has established such a program of public service by written guidelines filed with the clerk for public record. Such programs shall provide for reasonable supervision of the offender and the work shall be commensurate with the fine and/or incarceration that would have ordinarily been imposed. Such program of public service may be utilized in the implementation of the provisions of Section 99-19-20, and public service work thereunder may be supervised by persons other than the sheriff.
(3) The municipal judge may solemnize marriages, take oaths, affidavits and acknowledgments, and issue orders, subpoenas, summonses, citations, warrants for search and arrest upon a finding of probable cause, and other such process under seal of the court to any county or municipality, in a criminal case, to be executed by the lawful authority of the county or the municipality of the respondent, and enforce obedience thereto. The absence of a seal shall not invalidate the process.
(4) When a person shall be charged with an offense in municipal court punishable by confinement, the municipal judge, being satisfied that such person is an indigent person and is unable to employ counsel, may, in the discretion of the court, appoint counsel from the membership of The Mississippi Bar residing in his county who shall represent him. Compensation for appointed counsel in criminal cases shall be approved and allowed by the municipal judge and shall be paid by the municipality. The maximum compensation shall not exceed Two Hundred Dollars ($200.00) for any one (1) case. The governing authorities of a municipality may, in their discretion, appoint a public defender(s) who must be a licensed attorney and who shall receive a salary to be fixed by the governing authorities.
(5) The municipal judge of any municipality is hereby authorized to suspend the sentence and to suspend the execution of the sentence, or any part thereof, on such terms as may be imposed by the municipal judge. However, the suspension of imposition or execution of a sentence hereunder may not be revoked after a period of two (2) years. The municipal judge shall have the power to establish and operate a probation program, dispute resolution program and other practices or procedures appropriate to the judiciary and designed to aid in the administration of justice. Any such program shall be established by the court with written policies and procedures filed with the clerk of the court for public record. Subsequent to original sentencing, the municipal judge, in misdemeanor cases, is hereby authorized to suspend sentence and to suspend the execution of a sentence, or any part thereof, on such terms as may be imposed by the municipal judge, if (a) the judge or his or her predecessor was authorized to order such suspension when the sentence was originally imposed; and (b) such conviction (i) has not been appealed; or (ii) has been appealed and the appeal has been voluntarily dismissed.
(6) Upon prior notice to the municipal prosecuting attorney and upon a showing in open court of rehabilitation, good conduct for a period of two (2) years since the last conviction in any court and that the best interest of society would be served, the court may, in its discretion, order the record of conviction of a person of any or all misdemeanors in that court expunged, and upon so doing the said person thereafter legally stands as though he had never been convicted of the said misdemeanor(s) and may lawfully so respond to any query of prior convictions. This order of expunction does not apply to the confidential records of law enforcement agencies and has no effect on the driving record of a person maintained under Title 63, Mississippi Code of 1972, or any other provision of said Title 63.
(7) Notwithstanding the provisions of subsection (6) of this section, a person who was convicted in municipal court of a misdemeanor before reaching his twenty-third birthday, excluding conviction for a traffic violation, and who is a first offender, may utilize the provisions of Section 99-19-71, to expunge such misdemeanor conviction.
(8) In the discretion of the court, a plea of nolo contendere may be entered to any charge in municipal court. Upon the entry of a plea of nolo contendere the court shall convict the defendant of the offense charged and shall proceed to sentence the defendant according to law. The judgment of the court shall reflect that the conviction was on a plea of nolo contendere. An appeal may be made from a conviction on a plea of nolo contendere as in other cases.
(9) Upon execution of a sworn complaint charging a misdemeanor, the municipal court may, in its discretion and in lieu of an arrest warrant, issue a citation requiring the appearance of the defendant to answer the charge made against him. On default of appearance, an arrest warrant may be issued for the defendant. The clerk of the court or deputy clerk may issue such citations.
(10) The municipal court shall have the power to make rules for the administration of the court's business, which rules, if any, shall be in writing filed with the clerk of the court and shall include the enactment of rules related to the court's authority to issue domestic abuse protection orders pursuant to Section 93-21-1 et seq.
(11) The municipal court shall have the power to impose punishment of a fine of not more than One Thousand Dollars ($1,000.00) or six (6) months' imprisonment, or both, for contempt of court. The municipal court may have the power to impose reasonable costs of court, not in excess of the following:
Dismissal of any affidavit, complaint or charge
in municipal court..................................... $ 50.00
Suspension of a minor's driver's license in lieu of
conviction............................................. $ 50.00
Service of scire facias or return "not found" $ 20.00
Causing search warrant to issue or causing
prosecution without reasonable cause or refusing to
cooperate after initiating action...................... $ 100.00
Certified copy of the court record $ 5.00
Service of arrest warrant for failure to answer
citation or traffic summons............................ $ 25.00
Jail cost per day - actual jail cost paid by the municipality but not to exceed $ 35.00
Service of court documents related to the filing
of a petition or issuance of a protection from domestic
abuse order under Title 93, Chapter 21, Mississippi
Code of 1972 .......................................... $ 25.00
Any other item of court cost $ 50.00
No filing fee or such cost shall be imposed for the bringing of an action in municipal court.
(12) A municipal court judge shall not dismiss a criminal case but may transfer the case to the justice court of the county if the municipal court judge is prohibited from presiding over the case by the Canons of Judicial Conduct and provided that venue and jurisdiction are proper in the justice court. Upon transfer of any such case, the municipal court judge shall give the municipal court clerk a written order to transmit the affidavit or complaint and all other records and evidence in the court's possession to the justice court by certified mail or to instruct the arresting officer to deliver such documents and records to the justice court. There shall be no court costs charged for the transfer of the case to the justice court.
(13) A municipal court judge shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case.
SECTION 51. Section 21-23-8, Mississippi Code of 1972, is brought forward as follows:
21-23-8. (1) (a) The purpose of bail is to guarantee appearance and a bail bond shall not be forfeited for any other reason.
(b) (i) If a defendant in any criminal case, proceeding or matter fails to appear for any proceeding as ordered by the municipal court, then the court shall order the bail forfeited and a judgment nisi and a bench warrant issued at the time of nonappearance. The clerk of the municipal court shall notify the surety of the forfeiture by writ of scire facias, with a copy of the judgment nisi and bench warrant attached thereto, within ten (10) working days of such order of judgment nisi either by personal service or by certified mail. Failure of the clerk to provide the required notice within ten (10) working days shall constitute prima facie evidence that the order should be set aside.
(ii) 1. The judgment nisi shall be returnable for ninety (90) days from the date of issuance. If during that period the defendant appears before the municipal court, or is arrested and surrendered, then the judgment nisi shall be set aside. If the surety produces the defendant or provides to the municipal court reasonable mitigating circumstances upon such showing, then the forfeiture shall not be made final. If the forfeiture is made final, a copy of the final judgment shall be served on the surety within ten (10) working days by either personal service or certified mail.
2. Reasonable mitigating circumstances shall be that the defendant is incarcerated in another jurisdiction; that the defendant is hospitalized under a doctor's care; that the defendant is in a recognized drug rehabilitation program; that the defendant has been placed in a witness protection program, in which case it shall be the duty of any agency placing the defendant into a witness protection program to notify the municipal court and the municipal court to notify the surety; or any other reason justifiable to the municipal court.
(2) If a final judgment is entered against a surety licensed by the Department of Insurance and has not been set aside after ninety (90) days, or later if such time is extended by the municipal court issuing the judgment nisi, then the municipal court shall order the department to revoke the authority of the surety to write bail bonds. The Commissioner of Insurance shall, upon notice of the municipal court, notify the surety within five (5) working days of receipt of the order of revocation. If after ten (10) working days of the notification the revocation order has not been set aside by the municipal court, then the commissioner shall revoke the authority of the surety and all agents of the surety and shall notify the sheriff of every county of such revocation.
(3) If within eighteen (18) months of the date of the final forfeiture the defendant appears for municipal court, is arrested or surrendered to the municipal court, or if the defendant is found to be incarcerated in another jurisdiction and a hold order placed on the defendant, then the amount of bail, less reasonable extradition cost, excluding attorney fees, shall be refunded by the municipal court upon application by the surety.
(4) (a) The municipal judge shall set the amount of bail for persons charged with offenses in municipal court and may approve the bond or recognizance therefor.
(b) In instances where the municipal judge is unavailable and has not provided a bail schedule or otherwise provided for the setting of bail, it is lawful for any officer or officers designated by order of the municipal judge to take bond, cash, property or recognizance, with or without sureties, in a sum to be determined by the officer, payable to the municipality and conditioned for the appearance of the person on the return day and time of the writ before the court to which the warrant is returnable, or in cases of arrest without a warrant, on the day and time set by the court or officer for arraignment, and there remain from day to day and term to term until discharged.
(c) All bonds shall be promptly returned to the court, together with any cash deposited, and be filed and proceeded on by the court in a case of forfeiture. The chief of the municipal police or a police officer or officers designated by order of the municipal judge may approve bonds or recognizances.
(d) All bonds and recognizances in municipal court where the municipal court shall have the jurisdiction to hear and determine the case may be made payable to the municipality and shall have the effect to bind the principal and any sureties on the bond or recognizance until they shall be discharged by due course of law without renewal.
SECTION 52. Section 63-1-71, Mississippi Code of 1972, is amended as follows:
63-1-71. (1) * * * Notwithstanding
the provisions of Section 63-11-30(2)(a) and in addition to any penalty
authorized by the Uniform Controlled Substances Law or any other statute
indicating the dispositions that can be ordered for an adjudication of
delinquency, every person convicted of driving under the influence of a
controlled substance, or entering a plea of nolo contendere thereto, or
adjudicated delinquent therefor, in a court of this state, and every person
convicted of driving under the influence of a controlled substance, or entering
a plea of nolo contendere thereto, or adjudicated delinquent therefor, under
the laws of the United States, another state, a territory or possession of the
United States, the District of Columbia or the Commonwealth of Puerto Rico,
shall forthwith forfeit his right to operate a motor vehicle over the highways
of this state for a period of not less than six (6) months. In the case of any
person who at the time of the imposition of sentence does not have a driver's
license or is less than fifteen (15) years of age, the period of the suspension
of driving privileges authorized herein shall commence on the day the sentence
is imposed and shall run for a period of not less than six (6) months after the
day the person obtains a driver's license or reaches the age of fifteen (15)
years. If the driving privilege of any person is under revocation or
suspension at the time of any conviction or adjudication of delinquency for * * * driving under the influence of a
controlled substance, the revocation or suspension period imposed herein
shall commence as of the date of termination of the existing revocation or
suspension.
(2) The court in this state
before whom any person is convicted of or adjudicated delinquent for * * * driving under the influence of a controlled substance
shall collect forthwith the Mississippi driver's license of the person and
forward such license to the Department of Public Safety along with a report indicating
the first and last day of the suspension or revocation period imposed pursuant
to this section. If the court is for any reason unable to collect the license
of the person, the court shall cause a report of the conviction or adjudication
of delinquency to be filed with the Commissioner of Public Safety. That report
shall include the complete name, address, date of birth, eye color and sex of
the person and shall indicate the first and last day of the suspension or
revocation period imposed by the court pursuant to this section. The court
shall inform the person orally and in writing that if the person is convicted
of personally operating a motor vehicle during the period of license suspension
or revocation imposed pursuant to this section, the person shall, upon
conviction, be subject to the penalties set forth in Section 63-11-40. A
person shall be required to acknowledge receipt of the written notice in
writing. Failure to receive a written notice or failure to acknowledge in
writing the receipt of a written notice shall not be a defense to a subsequent
charge of a violation of Section 63-11-40. If the person is the holder of a
driver's license from another jurisdiction, the court shall not collect the
license but shall notify forthwith the Commissioner of Public Safety who shall
notify the appropriate officials in the licensing jurisdiction. The court
shall, however, in accordance with the provisions of this section, revoke the
person's nonresident driving privilege in this state.
(3) The county court or circuit court having jurisdiction, on petition, may reduce the suspension of driving privileges under this section if the denial of which would constitute a hardship on the offender. When the petition is filed, such person shall pay to the circuit clerk of the court where the petition is filed a fee of Twenty Dollars ($20.00) for each year, or portion thereof, of license revocation or suspension remaining under the original sentence, which shall be deposited into the State General Fund to the credit of a special fund hereby created in the State Treasury to be used for alcohol or drug abuse treatment and education, upon appropriation by the Legislature. This fee shall be in addition to any other court costs or fees required for the filing of petitions.
SECTION 53. Section 63-1-51, Mississippi Code of 1972, is amended as follows:
63-1-51. (1) It shall be the duty of the court clerk, upon conviction of any person holding a license issued pursuant to this article where the penalty for a traffic violation is as much as Ten Dollars ($10.00), to mail a copy of abstract of the court record or provide an electronically or computer generated copy of abstract of the court record immediately to the commissioner at Jackson, Mississippi, showing the date of conviction, penalty, etc., so that a record of same may be made by the Department of Public Safety. The commissioner shall forthwith revoke the license of any person for a period of one (1) year upon receiving a duly certified record of each person's convictions of any of the following offenses when such conviction has become final:
(a) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
(b) Any felony in the commission of which a motor vehicle is used;
(c) Failure to stop and render aid as required under the laws of this state in event of a motor vehicle accident resulting in the death or personal injury of another;
(d) Perjury or the willful making of a false affidavit or statement under oath to the department under this article or under any other law relating to the ownership or operation of motor vehicles;
(e) Conviction, or
forfeiture of bail not vacated, upon three (3) charges of reckless driving
committed within a period of twelve (12) months * * *.
* * *
(2) The commissioner shall revoke the license issued pursuant to this article of any person convicted of negligent homicide, in addition to any penalty now provided by law.
* * *
SECTION 54. Section 63-1-53, Mississippi Code of 1972, is amended as follows:
63-1-53. (1) * * * Upon failure of any person to pay
timely any fine, fee or assessment levied as a result of any violation of this
title, the clerk of the court shall give written notice to such person by
United States first-class mail at his last known address advising such person
that, if within ninety (90) days after such notice is deposited in the mail,
the person has not paid the entire amount of all fines, fees and assessments
levied, then the court will pursue collection as for any other delinquent
payment, and shall be entitled to collection of all additional fees in
accordance with subsection (4) of this section.
(2) The commissioner is hereby authorized to suspend the license of an operator without preliminary hearing upon a showing by his records or other sufficient evidence that the licensee:
(a) Has committed an offense for which mandatory revocation of license is required upon conviction except under the provisions of the Mississippi Implied Consent Law;
(b) Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;
(c) Is an habitually reckless or negligent driver of a motor vehicle;
(d) Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;
(e) Is incompetent to drive a motor vehicle;
(f) Has permitted an unlawful or fraudulent use of such license;
(g) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation; or
* * *
( * * *h) Has committed a violation for which
mandatory revocation of license is required upon conviction, entering a plea of
nolo contendere to, or adjudication of delinquency, pursuant to the provisions
of subsection (1) of Section 63-1-71.
(3) Notice that a person's license is suspended or will be suspended under subsection (2) of this section shall be given by the commissioner in the manner and at the time provided for under Section 63-1-52, and upon such person's request, he shall be afforded an opportunity for a hearing as early as practicable, but not to exceed twenty (20) days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that such hearing may be held in some other county. Upon such hearing the commissioner, or his duly authorized agent, may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. Upon such hearing the commissioner shall either rescind any order of suspension or, good cause appearing therefor, may extend any suspension of such license or revoke such license.
(4) If a licensee has not
paid all cash appearance bonds authorized under Section 99-19-3 or all fines,
fees or other assessments levied as a result of a violation of this title * * *
within ninety (90) days of receiving notice of the licensee's failure to pay
all fines, fees or other assessments as provided in subsection (1) of this
section, the court is authorized to pursue collection under Section 21-17-1(6)
or 19-3-41(2) as for any other delinquent payment, and shall be entitled to
collection of all additional fees authorized under those sections.
SECTION 55. Section 93-11-153, Mississippi Code of 1972, is amended as follows:
93-11-153. As used in Sections 93-11-151 through 93-11-163, the following words and terms shall have the meanings ascribed herein:
(a) "Licensing
entity" or "entity" means any entity specified in Title 73,
Professions and Vocations, of the Mississippi Code, and includes * * * the Mississippi * * * Department of Revenue
with respect to licenses for the sale of alcoholic beverages and other licenses
or registration authorizing a person to engage in a business, the Mississippi
Department of Wildlife, Fisheries and Parks with respect to hunting and fishing
licenses, and any other state agency that issues a license authorizing a person
to engage in a business, occupation or profession. For the purposes of this
article, the Supreme Court shall be considered to be the licensing entity for
attorneys.
(b) "License" means a license, certificate, permit, credential, registration, or any other authorization issued by a licensing entity that allows a person to engage in a business, occupation or profession, to operate a motor vehicle, to sell alcoholic beverages, or to hunt and fish.
(c) "Licensee" means any person holding a license issued by a licensing entity.
(d) "Order for support" means any judgment or order that provides for payments of a sum certain for the support of a child, whether it is temporary or final, and includes, but is not limited to, an order for reimbursement for public assistance or an order for making periodic payments on a support arrearage, or a sum certain due for a support arrearage.
(e) "Out of compliance with an order for support" means that the obligor is at least thirty (30) days in arrears or delinquent in making payments in full for current support, or in making periodic payments on a support arrearage.
(f) "Department" means the Mississippi Department of Human Services.
(g) "Division" means the division within the department that is charged with the state administration of Title IV-D of the Social Security Act.
(h) "Delinquency" means any payments of a sum certain ordered by any court to be paid by a noncustodial parent for the support of a child that have remained unpaid for at least thirty (30) days after payment is due. Delinquency shall also include payments of a sum certain ordered by any court to be paid for maintenance of a spouse that have remained unpaid for at least thirty (30) days.
SECTION 56. Section 63-1-46, Mississippi Code of 1972, is brought forward as follows:
63-1-46. (1) (a) Except as otherwise provided in this section, a fee of One Hundred Dollars ($100.00) shall be charged for the reinstatement of a license issued under this article to every person whose license has been validly suspended, revoked or cancelled.
(b) The funds received under the provisions of this subsection shall be distributed as follows:
(i) Twenty-five Dollars ($25.00) shall be deposited into the State General Fund in accordance with Section 45-1-23;
(ii) Twenty-five Dollars ($25.00) shall be paid to the Board of Trustees of the Public Employees' Retirement System for funding the Mississippi Highway Safety Patrol Retirement System as provided under Section 25-13-7;
(iii) Twenty-five Dollars ($25.00) shall be deposited into the special fund created in Section 63-1-45(3) for purchases of equipment by the Mississippi Highway Safety Patrol; and
(iv) Twenty-five Dollars ($25.00) shall be deposited into the Interlock Device Fund created in Section 63-11-33.
(2) (a) A fee of One Hundred Seventy-five Dollars ($175.00) shall be charged for the reinstatement of a license issued under this article to every person whose license has been validly suspended or revoked under the provisions of the Mississippi Implied Consent Law or as a result of a conviction of a violation of the Uniform Controlled Substances Law under the provisions of Section 63-1-71.
(b) The funds received under the provisions of this subsection shall be distributed as follows:
(i) One Hundred Dollars ($100.00) shall be deposited into the State General Fund in accordance with Section 45-1-23;
(ii) Twenty-five Dollars ($25.00) shall be paid to the Board of Trustees of the Public Employees' Retirement System for funding the Mississippi Highway Safety Patrol Retirement System as provided under Section 25-13-7;
(iii) Twenty-five Dollars ($25.00) shall be deposited into the special fund created in Section 63-1-45(3) for purchases of equipment by the Mississippi Highway Safety Patrol; and
(iv) Twenty-five Dollars ($25.00) shall be deposited into the Interlock Device Fund created in Section 63-11-33.
(3) (a) A fee of Twenty-five Dollars ($25.00) shall be charged for the reinstatement of a license issued under this article to every person whose license has been validly suspended for nonpayment of child support under the provisions of Sections 93-11-151 through 93-11-163. The funds received under the provisions of this subsection shall be deposited into the State General Fund in accordance with Section 45-1-23.
(b) The procedure for the reinstatement of a license issued under this article that has been suspended for being out of compliance with an order for support, as defined in Section 93-11-153, and the payment of any fees for the reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.
(4) A fee of Twenty-five Dollars ($25.00) will be charged for the reinstatement of a license that was suspended due to payment by a draft or other instrument that is dishonored by the payor.
(5) All reinstatement fees charged under this section shall be in addition to the fees prescribed in Section 63-1-43.
SECTION 57. Section 63-1-216, Mississippi Code of 1972, is amended as follows:
63-1-216. (1) (a) A person shall be disqualified from driving a commercial motor vehicle for a period of one (1) year if the person's license or permit to drive has been administratively suspended under Section 63-11-23 or the person has been convicted of a first violation of:
(i) Operating, attempting to operate, or being in actual physical control of a commercial motor vehicle on a highway with an alcohol concentration of four one-hundredths percent (0.04%) or more, or under the influence as provided in Section 63-11-30;
(ii) Failure to stop and render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;
(iii) Using a motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one (1) year;
(iv) Refusal to submit to a test to determine the operator's alcohol concentration, as provided in Title 63, Chapter 11, Mississippi Code of 1972;
(v) Operating, attempting to operate, or being in actual physical control of a motor vehicle on a highway with an alcohol concentration of eight one-hundredths percent (0.08%) or more, or under the influence of intoxicating liquor or other substance, as provided in Section 63-11-30;
(vi) Operating, attempting to operate, or being in actual physical control of a motor vehicle on a highway when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely as provided in Section 63-11-30;
(vii) Operating or attempting to operate a commercial motor vehicle while the license is revoked, suspended, cancelled, or disqualified;
(viii) Operating a commercial motor vehicle in a negligent manner resulting in a fatal injury.
(b) A person shall be disqualified from driving a commercial motor vehicle for three (3) years if convicted of a violation listed in subsection (1) of this section, if the violation occurred while transporting a hazardous material required to be placarded.
(c) A person shall be disqualified from driving a commercial motor vehicle for life if convicted of two (2) or more violations or a combination of them listed in subsection (1) of this section arising from two (2) or more separate occurrences.
(d) A person shall be disqualified from driving a commercial motor vehicle for a period of sixty (60) days if convicted of two (2) serious traffic violations, or one hundred twenty (120) days if convicted of three (3) serious traffic violations, arising from separate incidents occurring within a three-year period. A disqualification for three (3) serious traffic violations must be imposed consecutively to any other previous period of disqualification.
(e) A person shall be disqualified from driving a commercial motor vehicle for life if the person uses a motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one (1) year involving the manufacture, distribution, or dispensing of a regulated drug, or possession with intent to manufacture, distribute, or dispense a regulated drug and for which the person was convicted.
(f) A person who is disqualified from driving a commercial motor vehicle shall surrender the person's Mississippi commercial driver's license no later than the effective date of the disqualification. Upon receipt of the person's commercial driver's license, that person, if otherwise eligible, may apply for a non-CDL, and upon payment of sufficient fees receive the driver's license.
(g) The commissioner shall adopt rules establishing guidelines, including conditions, under which a disqualification for life under this section, except for a disqualification issued pursuant to paragraph (e) of this subsection, may be reduced to a period of not less than ten (10) years.
(h) A person shall be disqualified from driving a commercial motor vehicle for a period of sixty (60) days if the driver is convicted of a first violation of a railroad-highway grade crossing violation.
(i) A person shall be disqualified from driving a commercial motor vehicle for a period of one hundred twenty (120) days if, during any three-year period, the driver is convicted of a second railroad-highway grade crossing violation in a separate incident.
(j) A person shall be disqualified from driving a commercial motor vehicle for a period of one (1) year if, during any three-year period, the driver is convicted of a third or subsequent railroad-highway grade crossing violation in separate incidents.
(k) A person who is simultaneously subject to a disqualification issued by the administrator of the Federal Motor Carrier Safety Administration pursuant to 49 CFR, Part 383.52 and a disqualification under any other provision of this section shall serve those disqualification periods concurrently.
(2) (a) A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for one (1) year, if:
(i) The person is convicted of a first violation of operating, attempting to operate or being in actual physical control of a commercial motor vehicle on a highway with an alcohol concentration of four one-hundredths percent (0.04%) or more, or under the influence, as provided in Section 63-11-30; and
(ii) The person's commercial driver's license is issued by a state or country that does not issue commercial driver's licenses and disqualify persons in accordance with 49 CFR, Parts 383 and 384.
(b) A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for three (3) years if the person is convicted of violating subsection (1) of this section, and the violation occurred while the person was transporting a hazardous material required to be placarded.
(c) A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for life if the person is convicted a second time of violating subsection (1) of this section, and both convictions arise out of separate occurrences.
(d) A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for sixty (60) days if the person is convicted of two (2) serious traffic violations, or for one hundred twenty (120) days if the person is convicted of three (3) serious traffic violations, arising from separate incidents occurring within a three-year period.
(e) A person's privilege to operate a commercial motor vehicle in the State of Mississippi shall be suspended for life if the person uses a commercial motor vehicle in the commission of any offense under state or federal law that is punishable by imprisonment for a term exceeding one (1) year, involving the manufacture, distribution, or dispensing of a regulated drug, or possession with intent to manufacture, distribute, or dispense a regulated drug, and for which the person was convicted.
* * *
SECTION 58. Section 47-7-3, Mississippi Code of 1972, is amended as follows:
47-7-3. (1) Every prisoner who has been convicted of any offense against the State of Mississippi, and is confined in the execution of a judgment of such conviction in the Mississippi Department of Corrections for a definite term or terms of one (1) year or over, or for the term of his or her natural life, whose record of conduct shows that such prisoner has observed the rules of the department, and who has served not less than one-fourth (1/4) of the total of such term or terms for which such prisoner was sentenced, or, if sentenced to serve a term or terms of thirty (30) years or more, or, if sentenced for the term of the natural life of such prisoner, has served not less than ten (10) years of such life sentence, may be released on parole as hereinafter provided, except that:
(a) No prisoner convicted as a confirmed and habitual criminal under the provisions of Sections 99-19-81 through 99-19-87 shall be eligible for parole;
(b) Any person who shall have been convicted of a sex crime shall not be released on parole except for a person under the age of nineteen (19) who has been convicted under Section 97-3-67;
(c) (i) No person shall be eligible for parole who shall, on or after January 1, 1977, be convicted of robbery or attempted robbery through the display of a firearm until he shall have served ten (10) years if sentenced to a term or terms of more than ten (10) years or if sentenced for the term of the natural life of such person. If such person is sentenced to a term or terms of ten (10) years or less, then such person shall not be eligible for parole. The provisions of this paragraph (c)(i) shall also apply to any person who shall commit robbery or attempted robbery on or after July 1, 1982, through the display of a deadly weapon. This paragraph (c)(i) shall not apply to persons convicted after September 30, 1994;
(ii) No person shall be eligible for parole who shall, on or after October 1, 1994, be convicted of robbery, attempted robbery or carjacking as provided in Section 97-3-115 et seq., through the display of a firearm or drive-by shooting as provided in Section 97-3-109. The provisions of this paragraph (c)(ii) shall also apply to any person who shall commit robbery, attempted robbery, carjacking or a drive-by shooting on or after October 1, 1994, through the display of a deadly weapon. This paragraph (c)(ii) shall not apply to persons convicted after July 1, 2014;
(d) No person shall be eligible for parole who, on or after July 1, 1994, is charged, tried, convicted and sentenced to life imprisonment without eligibility for parole under the provisions of Section 99-19-101;
(e) No person shall be eligible for parole who is charged, tried, convicted and sentenced to life imprisonment under the provisions of Section 99-19-101;
(f) No person shall be eligible for parole who is convicted or whose suspended sentence is revoked after June 30, 1995, except that an offender convicted of only nonviolent crimes after June 30, 1995, may be eligible for parole if the offender meets the requirements in subsection (1) and this paragraph. In addition to other requirements, if an offender is convicted of a drug or driving under the influence felony, the offender must complete a drug and alcohol rehabilitation program prior to parole or the offender may be required to complete a post-release drug and alcohol program as a condition of parole. For purposes of this paragraph, "nonviolent crime" means a felony other than homicide, robbery, manslaughter, sex crimes, arson, burglary of an occupied dwelling, aggravated assault, kidnapping, felonious abuse of vulnerable adults, felonies with enhanced penalties, the sale or manufacture of a controlled substance under the Uniform Controlled Substances Law, felony child abuse, or exploitation or any crime under Section 97-5-33 or Section 97-5-39(2) or 97-5-39(1)(b), 97-5-39(1)(c) or a violation of Section 63-11-30(5). In addition, an offender incarcerated for committing the crime of possession of a controlled substance under the Uniform Controlled Substances Law after July 1, 1995, shall be eligible for parole. An offender incarcerated for committing the crime of sale or manufacture of a controlled substance shall be eligible for parole after serving one-fourth (1/4) of the sentence imposed by the trial court. This paragraph (f) shall not apply to persons convicted on or after July 1, 2014;
(g) (i) No person who, on or after July 1, 2014, is convicted of a crime of violence pursuant to Section 97-3-2, a sex crime or an offense that specifically prohibits parole release, shall be eligible for parole. All persons convicted of any other offense on or after July 1, 2014, are eligible for parole after they have served one-fourth (1/4) of the sentence or sentences imposed by the trial court.
(ii) Notwithstanding the provisions in paragraph (i) of this subsection, a person serving a sentence who has reached the age of sixty (60) or older and who has served no less than ten (10) years of the sentence or sentences imposed by the trial court shall be eligible for parole. Any person eligible for parole under this subsection shall be required to have a parole hearing before the board prior to parole release. No inmate shall be eligible for parole under this paragraph of this subsection if:
1. The inmate is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87;
2. The inmate is sentenced for a crime of violence under Section 97-3-2;
3. The inmate is sentenced for an offense that specifically prohibits parole release;
4. The inmate is sentenced for trafficking in controlled substances under Section 41-29-139(f);
5. The inmate is sentenced for a sex crime; or
6. The inmate has not served one-fourth (1/4) of the sentence imposed by the court.
(iii)
Notwithstanding the provisions of paragraph * * * (a) of this subsection, any
offender who has not committed a crime of violence under Section 97-3-2 and has
served twenty-five percent (25%) or more of his sentence may be paroled by the
parole board if, after the sentencing judge or if the sentencing judge is
retired, disabled or incapacitated, the senior circuit judge authorizes the
offender to be eligible for parole consideration.
(h) Notwithstanding any other provision of law, an inmate who has not been convicted as a habitual offender pursuant to Sections 99-19-81 through 99-19-87 or has not been convicted of committing a crime of violence, as defined under Section 97-3-2, or convicted of drug trafficking pursuant to Section 41-29-139 and such inmate has served twenty-five percent (25%) or more of his or her sentence, but is otherwise ineligible for parole, shall be eligible for parole.
(2) Notwithstanding any other provision of law, an inmate shall not be eligible to receive earned time, good time or any other administrative reduction of time which shall reduce the time necessary to be served for parole eligibility as provided in subsection (1) of this section.
(3) The State Parole Board shall, by rules and regulations, establish a method of determining a tentative parole hearing date for each eligible offender taken into the custody of the Department of Corrections. The tentative parole hearing date shall be determined within ninety (90) days after the department has assumed custody of the offender. The parole hearing date shall occur when the offender is within thirty (30) days of the month of his parole eligibility date. The parole eligibility date shall not be earlier than one-fourth (1/4) of the prison sentence or sentences imposed by the court.
(4) Any inmate within twenty-four (24) months of his parole eligibility date and who meets the criteria established by the classification board shall receive priority for placement in any educational development and job training programs that are part of his or her parole case plan. Any inmate refusing to participate in an educational development or job training program that is part of the case plan may be in jeopardy of noncompliance with the case plan and may be denied parole.
SECTION 59. Section 97-3-2, Mississippi Code of 1972, is amended as follows:
97-3-2. (1) The following shall be classified as crimes of violence:
(a) Driving under the influence as provided in Sections 63-11-30(5) and 63-11-30(12)(d);
(b) Murder and attempted murder as provided in Sections 97-1-7(2), 97-3-19, 97-3-23 and 97-3-25;
(c) Aggravated assault as provided in Sections 97-3-7(2)(a) and (b) and 97-3-7(4)(a);
(d) Manslaughter as provided in Sections 97-3-27, 97-3-29, 97-3-31, 97-3-33, 97-3-35, 97-3-39, 97-3-41, 97-3-43, 97-3-45 and 97-3-47;
(e) Killing of an unborn child as provided in Sections 97-3-37(2)(a) and 97-3-37(2)(b);
(f) Kidnapping as provided in Section 97-3-53;
(g) Human trafficking as provided in Section 97-3-54.1;
(h) Poisoning as provided in Section 97-3-61;
(i) Rape as provided in Sections 97-3-65 and 97-3-71;
(j) Robbery as provided in Sections 97-3-73 and 97-3-79;
(k) Sexual battery as provided in Section 97-3-95;
(l) Drive-by shooting or bombing as provided in Section 97-3-109;
(m) Carjacking as provided in Section 97-3-117;
(n) Felonious neglect, abuse or battery of a child as provided in Section 97-5-39;
(o) Burglary of a dwelling as provided in Sections 97-17-23 and 97-17-37, except subsection (1) of Section 97-17-23;
(p) Use of explosives or weapons of mass destruction as provided in Section 97-37-25;
(q) Statutory rape as provided in Section 97-3-65(1), but this classification is rebuttable on hearing by a judge;
(r) Exploitation of a child as provided in Section 97-5-33;
(s) Gratification of lust as provided in Section 97-5-23; and
(t) Shooting into a dwelling as provided in Section 97-37-29.
(2) In any felony offense with a maximum sentence of no less than five (5) years, upon conviction, the judge may find and place in the sentencing order, on the record in open court, that the offense, while not listed in subsection (1) of this section, shall be classified as a crime of violence if the facts show that the defendant used physical force, or made a credible attempt or threat of physical force against another person as part of the criminal act. No person convicted of a crime of violence listed in this section is eligible for parole or for early release from the custody of the Department of Corrections until the person has served at least fifty percent (50%) of the sentence imposed by the court.
SECTION 60. Section 9-23-15, Mississippi Code of 1972, is brought forward as follows:
9-23-15. (1) In order to be eligible for alternative sentencing through a local drug court, the participant must satisfy each of the following criteria:
(a) The participant cannot have any felony convictions for any offenses that are crimes of violence as defined in Section 97-3-2 within the previous ten (10) years.
(b) The crime before the court cannot be a crime of violence as defined in Section 97-3-2.
(c) Other criminal proceedings alleging commission of a crime of violence cannot be pending against the participant.
(d) The participant cannot be currently charged with burglary of a dwelling under Section 97-17-23(2) or 97-17-37.
(e) The crime before the court cannot be a charge of driving under the influence of alcohol or any other drug or drugs that resulted in the death of a person.
(f) The crime charged cannot be one of trafficking in controlled substances under Section 41-29-139(f), nor can the participant have a prior conviction for same.
(2) Participation in the services of an alcohol and drug intervention component shall be open only to the individuals over whom the court has jurisdiction, except that the court may agree to provide the services for individuals referred from another drug court. In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.
(3) (a) As a condition of participation in a drug court, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the drug court. A participant is liable for the costs of all chemical tests required under this section, regardless of whether the costs are paid to the drug court or the laboratory; however, if testing is available from other sources or the program itself, the judge may waive any fees for testing.
(b) A laboratory that performs a chemical test under this section shall report the results of the test to the drug court.
(4) A person does not have a right to participate in drug court under this chapter. The court having jurisdiction over a person for a matter before the court shall have the final determination about whether the person may participate in drug court under this chapter.
SECTION
61. Sections 52-57 of this act shall take effect and be in force from and
after the date the Legislature passes a concurrent resolution stating its
opposition to a law that complies with 23 USCS Section 159 and the Governor
certifies his opposition of such law to the United States Secretary of
Transportation and the remainder of this act shall take effect and be in force
from and after July 1, 2017.