MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Corrections
By: Representative Bounds
AN ACT TO CREATE A SECTION THAT PROHIBITS THE DEPARTMENT OF CORRECTIONS FROM COMBINING ANY INMATE'S EARNED-TIME ALLOWANCE WITH HIS OR HER TRUSTY-TIME ALLOWANCE OR MERITORIOUS EARNED TIME WHILE INCARCERATED BY THE DEPARTMENT; TO AMEND SECTION 47-5-138, MISSISSIPPI CODE OF 1972, TO ESTABLISH SUPERVISION REQUIREMENTS FOR OFFENDERS PLACED UNDER EARNED-RELEASE SUPERVISION; TO PROVIDE THAT THESE OFFENDERS SHALL RECEIVE AN ORAL AND WRITTEN EXPLANATION OF THE SUPERVISION REQUIREMENTS; TO CONFORM TO THE SECTION OF LAW THAT PROHIBITS THE COMBINING OF AN INMATE'S EARNED-TIME ALLOWANCE WITH ALLOWANCES EARNED THROUGH CERTAIN OTHER EARLY-RELEASE PROGRAMS; TO AMEND SECTION 47-5-138.1, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE SECTION OF LAW THAT PROHIBITS THE COMBINING OF AN INMATE'S TRUSTY-TIME ALLOWANCE WITH ALLOWANCES EARNED THROUGH CERTAIN OTHER EARLY-RELEASE PROGRAMS; TO AMEND SECTION 47-5-139, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE SECTION OF LAW THAT PROHIBITS THE COMBINING OF AN INMATE'S EARNED-TIME ALLOWANCE WITH CERTAIN OTHER EARLY-RELEASE PROGRAMS; TO AMEND SECTION 47-5-142, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE SECTION OF LAW THAT PROHIBITS THE COMBINING OF AN INMATE'S MERITORIOUS EARNED TIME WITH ALLOWANCES EARNED THROUGH CERTAIN OTHER EARLY-RELEASE PROGRAMS; TO AMEND SECTION 47-5-177, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN LOCAL LAW ENFORCEMENT OFFICERS SHALL BE NOTIFIED 15 DAYS BEFORE OFFENDERS ARE PLACED UNDER EARNED-RELEASE SUPERVISION; TO AMEND SECTION 47-5-603, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE DEPARTMENT MAY REQUIRE OFFENDERS PLACED UNDER EARNED-RELEASE SUPERVISION TO SUBMIT TO RANDOM CHEMICAL ANALYSIS TESTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. From and after July 1, 2019, during the incarceration of any inmate with the Department of Corrections, earned-time allowance shall not be combined with any trusty-time allowance as authorized under Section 47-5-138.1 or any meritorious earned time as authorized under Section 47-5-142.
SECTION 2. Section 47-5-138, Mississippi Code of 1972, is amended as follows:
47-5-138. (1) Subject to the conditions specified under Section 1 of this act, the department may promulgate rules and regulations to carry out an earned-time allowance program based on the good conduct and performance of an inmate. An inmate is eligible to receive an earned-time allowance of one-half (1/2) of the period of confinement imposed by the court except those inmates excluded by law. When an inmate is committed to the custody of the department, the department shall determine a conditional earned-time release date by subtracting the earned-time allowance from an inmate's term of sentence. This subsection does not apply to any sentence imposed after June 30, 1995.
(2) An inmate may forfeit all or part of his earned-time allowance for a serious violation of rules. No forfeiture of the earned-time allowance shall be effective except upon approval of the commissioner, or his designee, and forfeited earned time may not be restored.
(3) (a) For the purposes of this subsection, "final order" means an order of a state or federal court that dismisses a lawsuit brought by an inmate while the inmate was in the custody of the Department of Corrections as frivolous, malicious or for failure to state a claim upon which relief could be granted.
(b) On receipt of a final order, the department shall forfeit:
(i) Sixty (60) days of an inmate's accrued earned time if the department has received one (1) final order as defined herein;
(ii) One hundred twenty (120) days of an inmate's accrued earned time if the department has received two (2) final orders as defined herein;
(iii) One hundred eighty (180) days of an inmate's accrued earned time if the department has received three (3) or more final orders as defined herein.
(c) The department may not restore earned time forfeited under this subsection.
(4) An inmate who meets the good conduct and performance requirements of the earned-time allowance program may be released on his conditional earned-time release date.
(5) Subject to the conditions specified under Section 1 of this act, for any sentence imposed after June 30, 1995, an inmate may receive an earned-time allowance of four and one-half (4-1/2) days for each thirty (30) days served if the department determines that the inmate has complied with the good conduct and performance requirements of the earned-time allowance program. The earned-time allowance under this subsection shall not exceed fifteen percent (15%) of an inmate's term of sentence; however, beginning July 1, 2006, no person under the age of twenty-one (21) who has committed a nonviolent offense, and who is under the jurisdiction of the Department of Corrections, shall be subject to the fifteen percent (15%) limitation for earned-time allowances as described in this subsection (5).
(6) Any inmate, who is released before the expiration of his term of sentence under this section, shall be placed under earned-release supervision until the expiration of the term of sentence. The inmate shall retain inmate status and remain under the jurisdiction of the department. Subject to the terms and conditions specified in subsection (7), the period of earned-release supervision shall be conducted in the same manner as a period of supervised parole. The department shall develop rules, terms and conditions for the earned-release supervision program. At least fifteen (15) days before any inmate is placed under earned-release supervision, the director of records of the department shall give the notice that is required by Section 47-5-177.
(7) Any inmate placed under earned-release supervision shall be furnished an oral and written statement explaining the terms and conditions of the inmate's earned-release supervision. The correctional field officer may modify the terms and conditions of an inmate's earned-release supervision only if the officer determines in writing that the modification will not decrease public safety. During the period of earned-release supervision, the inmate shall:
(a) Commit no offense against the laws of this or any other state of the United States, or of any federal, territorial or tribal jurisdiction of the United States;
(b) Avoid injurious or vicious habits;
(c) Avoid persons or places of disreputable or harmful character;
(d) Report to the correctional field officer as directed;
(e) Permit the correctional field officer to visit the inmate at home or elsewhere;
(f) Maintain either suitable employment so far as possible or full-time student status at an approved school or vocational trade;
(g) Remain within a specified area except as specifically allowed in each instance by the correctional field officer;
(h) Pay supervision fees as provided in Section 47-7-49;
(i) Support his or her dependents;
(j) Submit to any type of breath, saliva or urine chemical analysis test, as provided in Section 47-5-601; and
(k) Meet any other conditions imposed by the correctional field officer to meet the needs of the inmate and limit the risks to the community.
(8) The commissioner shall designate the appropriate hearing officer within the department to conduct revocation hearings for inmates violating the conditions of earned-release supervision.
* * * If the earned-release supervision is
revoked, the inmate shall serve the remainder of the sentence, but the time the
inmate served on earned-release supervision before revocation * * * shall be applied to reduce his
sentence.
SECTION 3. Section 47-5-138.1, Mississippi Code of 1972, is amended as follows:
47-5-138.1. (1) Subject to the conditions specified under Section 1 of this act, and in addition to any other administrative reduction of sentence, an offender in trusty status as defined by the classification board of the Department of Corrections may be awarded a trusty-time allowance of thirty (30) days' reduction of sentence for each thirty (30) days of participation during any calendar month in an approved program while in trusty status, including satisfactory participation in education or instructional programs, satisfactory participation in work projects and satisfactory participation in any special incentive program.
(2) An offender in trusty status shall not be eligible for a reduction of sentence under this section if:
(a) The offender was sentenced to life imprisonment;
(b) The offender was convicted as an habitual offender under Sections 99-19-81 through 99-19-87;
(c) The offender was convicted of a sex crime;
(d) The offender has not served the mandatory time required for parole eligibility, as prescribed under Section 47-7-3, for a conviction of robbery or attempted robbery through the display of a deadly weapon, carjacking through the display of a deadly weapon or a drive-by shooting; or
(e) The offender was convicted of trafficking in controlled substances under Section 41-29-139.
SECTION 4. Section 47-5-139, Mississippi Code of 1972, is amended as follows:
47-5-139. (1) An inmate shall not be eligible for the earned-time allowance if:
(a) The inmate was sentenced to life imprisonment; but an inmate, except an inmate sentenced to life imprisonment for capital murder, who has reached the age of sixty-five (65) or older and who has served at least fifteen (15) years may petition the sentencing court for conditional release;
(b) The inmate was convicted as a habitual offender under Sections 99-19-81 through 99-19-87;
(c) The inmate has forfeited his earned time allowance by order of the commissioner;
(d) The inmate was convicted of a sex crime; or
(e) The inmate has not served the mandatory time required for parole eligibility for a conviction of robbery or attempted robbery with a deadly weapon.
(2) Subject to the conditions specified under Section 1 of this act, an offender under two (2) or more consecutive sentences shall be allowed commutation based upon the total term of the sentences.
(3) All earned time shall be forfeited by the inmate in the event of escape and/or aiding and abetting an escape. The commissioner may restore all or part of the earned time if the escapee returns to the institution voluntarily, without expense to the state, and without act of violence while a fugitive from the facility.
(4) Any officer or employee who shall willfully violate the provisions of this section and be convicted therefor shall be removed from office or employment.
SECTION 5. Section 47-5-142, Mississippi Code of 1972, is amended as follows:
47-5-142. (1) In order to provide incentive for offenders to achieve positive and worthwhile accomplishments for their personal benefit or the benefit of others, and in addition to any other administrative reductions of the length of an offender's sentence, any offender shall be eligible, subject to the provisions of this section, to receive meritorious earned time as distinguished from earned time for good conduct and performance.
(2) Subject to approval by the commissioner of the terms and conditions of the program or project, meritorious earned time may be awarded for the following: (a) successful completion of educational or instructional programs; (b) satisfactory participation in work projects; and (c) satisfactory participation in any special incentive program.
(3) The programs and activities through which meritorious earned time may be received shall be published in writing and posted in conspicuous places at all facilities of the department and such publication shall be made available to all offenders in the custody of the department.
(4) The commissioner shall make a determination of the number of days of reduction of sentence which may be awarded an offender as meritorious earned time for participation in approved programs or projects; the number of days shall be determined by the commissioner on the basis of each particular program or project.
(5) No offender shall be awarded any meritorious earned time while assigned to the maximum security facilities for disciplinary purposes.
(6) All meritorious earned time shall be forfeited by the offender in the event of escape and/or aiding and abetting an escape.
(7) Any officer or employee of the department who shall willfully violate the provisions of this section and be convicted therefor shall be removed from office or employment.
(8) An offender may forfeit all or any part of his meritorious earned time allowance for just cause upon the written order of the commissioner, or his designee. Any meritorious earned time allowance forfeited under this section shall not be restored nor shall it be re-earned by the offender.
(9) From and after July 1, 2019, during the incarceration of any offender, earned-time allowance shall not be combined with any meritorious earned time that may be awarded by the commissioner as authorized under this section.
SECTION 6. Section 47-5-177, Mississippi Code of 1972, is amended as follows:
47-5-177. At least fifteen (15) days prior to the placement of an offender under earned-release supervision or the release of an offender from the custody of the department because of discharge, parole, pardon, temporary personal leave or pass, or otherwise, except for sickness or death in the offender's family, the director of records of the department shall give written or electronic notice of such earned-release supervision or release to the sheriff of the county and to the chief of police of the municipality where the offender was convicted. If the offender is serving the period of earned-release supervision in or is paroled to a county other than the county of conviction, the director of records shall give written or electronic notice of the earned-release supervision or release to the sheriff, district attorney and circuit judge of the county and to the chief of police of the municipality where the offender is serving the period of earned-release supervision or is paroled and to the sheriff of the county and to the chief of police of the municipality where the offender was convicted. The department shall notify the parole officer of the county where the offender is serving under earned-release supervision, paroled or discharged to probation of any chronic mental disorder incurred by the offender, of any type of infectious disease for which the offender has been examined and treated, and of any medications provided to the offender for such conditions.
The commissioner shall require the director of records to clearly identify the notice of release of an offender who has been convicted of arson at any time. The fact that the offender to be released had been convicted of arson at any time shall appear prominently on the notice of release and the sheriff shall notify all officials who are responsible for investigation of arson within the county of such offender's release and the chief of police shall notify all such officials within the municipality of such offender's release.
SECTION 7. Section 47-5-603, Mississippi Code of 1972, is amended as follows:
47-5-603. Any offender on probation or released from a facility of the Department of Corrections on parole or earned probation who remains under the supervision of the Department of Corrections, any offender who is serving a period of his or her sentence under earned-release supervision or any offender who is incarcerated in a state correctional facility may be required to participate in the Mississippi Department of Corrections drug identification program. Participation by an offender would consist of submission by the offender, from time to time and upon the request of a parole or probation supervisor, or authorized personnel of the department to any type of breath, saliva or urine chemical analysis test, the purpose of which is to detect the possible presence of alcohol or a substance prohibited or controlled by any law of the State of Mississippi or the United States.
SECTION 8. This act shall take effect and be in force from and after July 1, 2019.