MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Corrections
By: Senator(s) Jackson (32nd)
AN ACT TO AMEND SECTIONS 47-7-38, 47-7-27, 47-7-37 AND 47-7-38.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE PERIOD OF IMPRISONMENT TO BE SERVED BY PERSONS ON PAROLE OR PROBATION IN A TECHNICAL VIOLATION CENTER SHALL BE BASED UPON THE NUMBER OF PRIOR REVOCATIONS RATHER THAN THE NUMBER OF TECHNICAL VIOLATIONS; TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO EXTEND THE PERIOD OF IMPRISONMENT FOR AN ADDITIONAL 180 DAYS OR TRANSFER THE PROBATIONER OR PAROLEE TO GENERAL CUSTODY UNDER CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-7-38, Mississippi Code of 1972, is amended as follows:
47-7-38. (1) The department shall have the authority to impose
graduated sanctions as an alternative to judicial modification or revocation,
as provided in Sections 47-7-27 and 47-7-37, for offenders on probation,
parole, or post-release supervision who commit technical violations * * * as defined by
Section 47-7-2.
(2) The commissioner shall develop a standardized graduated sanctions system, which shall include a grid to guide field officers in determining the suitable response to a technical violation. The commissioner shall promulgate rules and regulations for the development and application of the system of sanctions. Field officers shall be required to conform to the sanction grid developed.
(3) The system of sanctions shall include a list of sanctions for the most common types of violations. When determining the sanction to impose, the field officer shall take into account the offender's assessed risk level, previous violations and sanctions, and severity of the current and prior violations.
(4)
Field officers shall notify the sentencing court or the Parole Board,
whichever is applicable, when a probationer * * * or a parolee has committed a technical violation * * *, the type of violation and the
sanction imposed. When the * * * offender is
arrested for a new criminal offense, the field officer shall notify the
court within forty-eight (48) hours of becoming aware of the arrest.
(5) The graduated sanctions that the department may impose include, but shall not be limited to:
(a) Verbal warnings;
(b) Increased reporting;
(c) Increased drug and alcohol testing;
(d) Mandatory substance abuse treatment;
(e) Loss of earned-discharge credits; and
(f) Incarceration in a county jail for no more than two (2) days. Incarceration as a sanction shall not be used more than two (2) times per month for a total period incarcerated of no more than four (4) days.
(6) The system shall also define positive reinforcements that offenders will receive for compliance with conditions of supervision. These positive reinforcements shall include, but not limited to:
(a) Verbal recognition;
(b) Reduced reporting; and
(c) Credits for earned discharge which shall be awarded pursuant to Section 47-7-40.
(7) The Department of Corrections shall provide semiannually to the Oversight Task Force the number and percentage of offenders who have one or more violations during the year, the average number of violations per offender during the year and the total and average number of incarceration sanctions as defined in subsection (5) of this section imposed during the year.
SECTION 2. Section 47-7-27, Mississippi Code of 1972, is amended as follows:
47-7-27. (1) The board may, at any time and upon a showing of probable violation of parole, issue a warrant for the return of any paroled offender to the custody of the department. The warrant shall authorize all persons named therein to return the paroled offender to actual custody of the department from which he was paroled.
(2) Any field supervisor may arrest an offender without a warrant or may deputize any other person with power of arrest by giving him a written statement setting forth that the offender has, in the judgment of that field supervisor, violated the conditions of his parole or earned-release supervision. The written statement delivered with the offender by the arresting officer to the official in charge of the department facility from which the offender was released or other place of detention designated by the department shall be sufficient warrant for the detention of the offender.
(3) The field supervisor, after making an arrest, shall present to the detaining authorities a similar statement of the circumstances of violation. The field supervisor shall at once notify the board or department of the arrest and detention of the offender and shall submit a written report showing in what manner the offender has violated the conditions of parole or earned-release supervision. An offender for whose return a warrant has been issued by the board shall, after the issuance of the warrant, be deemed a fugitive from justice.
(4) Whenever an offender is arrested on a warrant for an alleged violation of parole as herein provided, the board shall hold an informal preliminary hearing within seventy-two (72) hours to determine whether there is reasonable cause to believe the person has violated a condition of parole. A preliminary hearing shall not be required when the offender is not under arrest on a warrant or the offender signed a waiver of a preliminary hearing. The preliminary hearing may be conducted electronically.
(5) The right of the State of Mississippi to extradite persons and return fugitives from justice, from other states to this state, shall not be impaired by this chapter and shall remain in full force and effect. An offender convicted of a felony committed while on parole, whether in the State of Mississippi or another state, shall immediately have his parole revoked upon presentment of a certified copy of the commitment order to the board. If an offender is on parole and the offender is convicted of a felony for a crime committed prior to the offender being placed on parole, whether in the State of Mississippi or another state, the offender may have his parole revoked upon presentment of a certified copy of the commitment order to the board.
(6) (a) The board shall
hold a hearing for any parolee who is detained as a result of a warrant or a
violation report within twenty-one (21) days of the parolee's admission to
detention. The board may, in its discretion, terminate the parole or modify
the terms and conditions thereof. If the board revokes parole for * * * one or more technical violations
the board shall impose a period of imprisonment to be served in a technical
violation center operated by the department not to exceed ninety (90) days for
the first * * * revocation and not to exceed one hundred twenty
(120) days for the second * * *technical violation revocation. For the third
technical violation, the board may impose a period of imprisonment to be served
in a technical violation center for up to one hundred and eighty (180) days or
the board may impose the remainder of the suspended portion of the sentence. For
the fourth and any subsequent * * * revocation, the
board may impose up to the remainder of the suspended portion of the sentence.
The period of imprisonment in a technical violation center imposed under this
section shall not be reduced in any manner. The Department of Corrections
shall have the authority to expand the revocation period up to one hundred
eighty (180) days for a rule violation or noncompletion of a required program
and transfer the offender to general population.
(b) If the board does
not hold a hearing or does not take action on the violation within the twenty-one-day
time frame in paragraph (a) of this subsection, the parolee shall be released
from detention and shall return to parole status. The board may subsequently
hold a hearing and may revoke parole or may continue parole and modify the
terms and conditions of parole. If the board revokes parole for * * * one or more technical violations
the board shall impose a period of imprisonment to be served in a technical
violation center operated by the department not to exceed ninety (90) days for
the first * * * revocation and not to exceed one hundred twenty
(120) days for the second * * *technical violation revocation. For the third * * * revocation, the
board may impose a period of imprisonment to be served in a technical violation
center for up to one hundred eighty (180) days or the board may impose the
remainder of the suspended portion of the sentence. For the fourth and any
subsequent * * * revocation, the board may impose up to the
remainder of the suspended portion of the sentence. The period of imprisonment
in a technical violation center imposed under this section shall not be reduced
in any manner. The Department of Corrections shall have the authority to
expand the revocation period up to one hundred eighty (180) days for a rule
violation or noncompletion of a required program and transfer the offender to
general population.
(c) For a parolee
charged with * * *
one or more technical violations who has not been detained
awaiting the revocation hearing, the board may hold a hearing within a
reasonable time. The board may revoke parole or may continue parole and modify
the terms and conditions of parole. If the board revokes parole for * * * one or more technical violations
the board shall impose a period of imprisonment to be served in a technical
violation center operated by the department not to exceed ninety (90) days for
the first * * * revocation and not to exceed one hundred twenty
(120) days for the second * * *technical violation revocation. For the third * * * revocation, the
board may impose a period of imprisonment to be served in a technical violation
center for up to one hundred eighty (180) days or the board may impose the
remainder of the suspended portion of the sentence. For the fourth and any
subsequent * * * revocation, the board may impose up to the
remainder of the suspended portion of the sentence. The period of imprisonment
in a technical violation center imposed under this section shall not be reduced
in any manner. The Department of Corrections shall have the authority to
expand the revocation period up to one hundred eighty (180) days for a rule
violation or noncompletion of a required program and transfer the offender to
general population.
(7) Unless good cause for the delay is established in the record of the proceeding, the parole revocation charge shall be dismissed if the revocation hearing is not held within the thirty (30) days of the issuance of the warrant.
(8) The chairman and each member of the board and the designated parole revocation hearing officer may, in the discharge of their duties, administer oaths, summon and examine witnesses, and take other steps as may be necessary to ascertain the truth of any matter about which they have the right to inquire.
(9) The board shall provide semiannually to the Oversight Task Force the number of warrants issued for an alleged violation of parole, the average time between detention on a warrant and preliminary hearing, the average time between detention on a warrant and revocation hearing, the number of ninety-day sentences in a technical violation center issued by the board, the number of one-hundred-twenty-day sentences in a technical violation center issued by the board, the number of one-hundred-eighty-day sentences issued by the board, and the number and average length of the suspended sentences imposed by the board in response to a violation.
SECTION 3. Section 47-7-37, Mississippi Code of 1972, is amended as follows:
47-7-37. (1) The period of probation shall be fixed by the court, and may at any time be extended or terminated by the court, or judge in vacation. Such period with any extension thereof shall not exceed five (5) years, except that in cases of desertion and/or failure to support minor children, the period of probation may be fixed and/or extended by the court for so long as the duty to support such minor children exists. The time served on probation or post-release supervision may be reduced pursuant to Section 47-7-40.
(2) At any time during the period of probation, the court, or judge in vacation, may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the probationer to be arrested. Any probation and parole officer may arrest a probationer without a warrant, or may deputize any other officer with power of arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the probation and parole officer, violated the conditions of probation. Such written statement delivered with the probationer by the arresting officer to the official in charge of a county jail or other place of detention shall be sufficient warrant for the detention of the probationer.
(3) Whenever an offender is arrested on a warrant for an alleged violation of probation as herein provided, the department shall hold an informal preliminary hearing within seventy-two (72) hours of the arrest to determine whether there is reasonable cause to believe the person has violated a condition of probation. A preliminary hearing shall not be required when the offender is not under arrest on a warrant or the offender signed a waiver of a preliminary hearing. The preliminary hearing may be conducted electronically. If reasonable cause is found, the offender may be confined no more than twenty-one (21) days from the admission to detention until a revocation hearing is held. If the revocation hearing is not held within twenty-one (21) days, the probationer shall be released from custody and returned to probation status.
(4) If a probationer or offender is subject to registration as a sex offender, the court must make a finding that the probationer or offender is not a danger to the public prior to release with or without bail. In determining the danger posed by the release of the offender or probationer, the court may consider the nature and circumstances of the violation and any new offenses charged; the offender or probationer's past and present conduct, including convictions of crimes and any record of arrests without conviction for crimes involving violence or sex crimes; any other evidence of allegations of unlawful sexual conduct or the use of violence by the offender or probationer; the offender or probationer's family ties, length of residence in the community, employment history and mental condition; the offender or probationer's history and conduct during the probation or other supervised release and any other previous supervisions, including disciplinary records of previous incarcerations; the likelihood that the offender or probationer will engage again in a criminal course of conduct; the weight of the evidence against the offender or probationer; and any other facts the court considers relevant.
(5) (a) The probation and
parole officer after making an arrest shall present to the detaining
authorities a similar statement of the circumstances of violation. The
probation and parole officer shall at once notify the court of the arrest and
detention of the probationer and shall submit a report in writing showing in
what manner the probationer has violated the conditions of probation. Within
twenty-one (21) days of arrest and detention by warrant as herein provided, the
court shall cause the probationer to be brought before it and may continue or
revoke all or any part of the probation or the suspension of sentence. If the
court revokes probation for * * * one or more technical violations,
the court shall impose a period of imprisonment to be served in either a
technical violation center or a restitution center not to exceed ninety (90)
days for the first * * * revocation and not to exceed one hundred twenty
(120) days for the second * * *technical violation revocation. For the third * * * revocation, the
court may impose a period of imprisonment to be served in either a technical
violation center or a restitution center for up to one hundred eighty (180)
days or the court may impose the remainder of the suspended portion of the
sentence. For the fourth and any subsequent * * * revocation, the
court may impose up to the remainder of the suspended portion of the sentence.
The period of imprisonment in a technical violation center imposed under this
section shall not be reduced in any manner. The Department of Corrections
shall have the authority to expand the revocation period up to one hundred
eighty (180) days for a rule violation or noncompletion of a required program
and transfer the offender to general population.
(b) If the offender is
not detained as a result of the warrant, the court shall cause the probationer
to be brought before it within a reasonable time and may continue or revoke all
or any part of the probation or the suspension of sentence, and may cause the
sentence imposed to be executed or may impose any part of the sentence which
might have been imposed at the time of conviction. If the court revokes
probation for * * *
one or more technical violations, the court shall impose a period
of imprisonment to be served in either a technical violation center or a
restitution center not to exceed ninety (90) days for the first * * * revocation and not
to exceed one hundred twenty (120) days for the second * * * revocation. For the
third * * * revocation, the court may impose a period of imprisonment
to be served in either a technical violation center or a restitution center for
up to one hundred eighty (180) days or the court may impose the remainder of
the suspended portion of the sentence. For the fourth and any subsequent * * * revocation, the
court may impose up to the remainder of the suspended portion of the sentence.
The period of imprisonment in a technical violation center imposed under this
section shall not be reduced in any manner. The Department of Corrections
shall have the authority to expand the revocation period up to one hundred
eighty (180) days for a rule violation or noncompletion of a required program
and transfer the offender to general population.
(c) If the court does
not hold a hearing or does not take action on the violation within the twenty-one-day
period, the offender shall be released from detention and shall return to
probation status. The court may subsequently hold a hearing and may revoke
probation or may continue probation and modify the terms and conditions of
probation. If the court revokes probation for * * * one or more technical violations,
the court shall impose a period of imprisonment to be served in either a
technical violation center operated by the department or a restitution center
not to exceed ninety (90) days for the first * * * revocation and not
to exceed one hundred twenty (120) days for the second * * * revocation. For the
third * * * revocation, the court may impose a period of
imprisonment to be served in either a technical violation center or a
restitution center for up to one hundred * * * eighty (180) days or the court may impose
the remainder of the suspended portion of the sentence. For the fourth and any
subsequent * * * revocation, the court may impose up to the
remainder of the suspended portion of the sentence. The period of imprisonment
in a technical violation center imposed under this section shall not be reduced
in any manner. The Department of Corrections shall have the authority to
expand the revocation period up to one hundred eighty (180) days for a rule
violation or noncompletion of a required program and transfer the offender to
general population.
(d) For an offender
charged with a technical violation who has not been detained awaiting the
revocation hearing, the court may hold a hearing within a reasonable time. The
court may revoke probation or may continue probation and modify the terms and
conditions of probation. If the court revokes probation for * * * one or more technical violations
the court shall impose a period of imprisonment to be served in either a
technical violation center operated by the department or a restitution center
not to exceed ninety (90) days for the first * * * revocation and not
to exceed one hundred twenty (120) days for the second * * * revocation. For the
third * * * revocation, the court may impose a period of
imprisonment to be served in either a technical violation center or a
restitution center for up to one hundred eighty (180) days or the court may
impose the remainder of the suspended portion of the sentence. For the fourth
and any subsequent * * * revocation, the court may impose up to the
remainder of the suspended portion of the sentence. The period of imprisonment
in a technical violation center imposed under this section shall not be reduced
in any manner. The Department of Corrections shall have the authority to
expand the revocation period up to one hundred eighty (180) days for a rule
violation or noncompletion of a required program and transfer the offender to
general population.
(6) If the probationer is arrested in a circuit court district in the State of Mississippi other than that in which he was convicted, the probation and parole officer, upon the written request of the sentencing judge, shall furnish to the circuit court or the county court of the county in which the arrest is made, or to the judge of such court, a report concerning the probationer, and such court or the judge in vacation shall have authority, after a hearing, to continue or revoke all or any part of probation or all or any part of the suspension of sentence, and may in case of revocation proceed to deal with the case as if there had been no probation. In such case, the clerk of the court in which the order of revocation is issued shall forward a transcript of such order to the clerk of the court of original jurisdiction, and the clerk of that court shall proceed as if the order of revocation had been issued by the court of original jurisdiction. Upon the revocation of probation or suspension of sentence of any offender, such offender shall be placed in the legal custody of the State Department of Corrections and shall be subject to the requirements thereof.
(7) Any probationer who removes himself from the State of Mississippi without permission of the court placing him on probation, or the court to which jurisdiction has been transferred, shall be deemed and considered a fugitive from justice and shall be subject to extradition as now provided by law. No part of the time that one is on probation shall be considered as any part of the time that he shall be sentenced to serve.
(8) The arresting officer, except when a probation and parole officer, shall be allowed the same fees as now provided by law for arrest on warrant, and such fees shall be taxed against the probationer and paid as now provided by law.
(9) The arrest, revocation and recommitment procedures of this section also apply to persons who are serving a period of post-release supervision imposed by the court.
(10) Unless good cause for the delay is established in the record of the proceeding, the probation revocation charge shall be dismissed if the revocation hearing is not held within thirty (30) days of the warrant being issued.
(11) The Department of Corrections shall provide semiannually to the Oversight Task Force the number of warrants issued for an alleged violation of probation or post-release supervision, the average time between detention on a warrant and preliminary hearing, the average time between detention on a warrant and revocation hearing, the number of ninety-day sentences in a technical violation center issued by the court, the number of one-hundred-twenty-day sentences in a technical violation center issued by the court, the number of one-hundred-eighty-day sentences issued by the court, and the number and average length of the suspended sentences imposed by the court in response to a violation.
SECTION 4. Section 47-7-38.1, Mississippi Code of 1972, is amended as follows:
47-7-38.1. (1) The Department of Corrections shall establish technical violation centers to detain probation and parole violators revoked by the court or parole board.
(2) The department shall place an offender in a violation center for a technical violation as ordered by the board pursuant to Section 47-7-27 and the sentencing court pursuant to Section 47-7-37. If the offender fails to follow the rules of the department, the department may place the offender into general population for the remainder of the term to be served.
(3) The violation centers shall be equipped to address the underlying factors that led to the offender's violation as identified based on the results of a risk and needs assessment. At a minimum each violation center shall include substance abuse services shown to reduce recidivism and a reduction in the use of illicit substances or alcohol, education programs, employment preparation and training programs and behavioral programs.
(4) As required by Section 47-5-20(b), the department shall notify, by certified mail, each member of the board of supervisors of the county in which the violation center shall be located of the department's intent to convert an existing department facility to a technical violation center.
(5) The department shall establish rules and regulations for the implementation and operation of the technical violation centers.
(6) The Department of Corrections shall provide to the Oversight Task Force semiannually the average daily population of the technical violation centers, the number of admissions to the technical violation centers, and the average time served in the technical violation centers.
SECTION 5. This act shall take effect and be in force from and after July 1, 2018.