MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Corrections

By: Representative Dixon

House Bill 744

AN ACT TO AMEND SECTION 47-5-1003, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY ELIGIBLE OFFENDER, AS LONG AS THE OFFENDER HAS NOT BEEN CONVICTED OF A CRIME OF VIOLENCE OR SEX OFFENSE, MAY BE PLACED ON INTENSIVE SUPERVISION AT ANY TIME DURING A TERM OF INCARCERATION BY THE SENTENCING COURT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 47-5-1003, Mississippi Code of 1972, is amended as follows:

     47-5-1003.  (1)  An intensive supervision program may be used as an alternative to incarceration for eligible offenders * * *who are not convicted of a crime of violence pursuant to Section 97‑3‑2 as selected by the court and for juvenile offenders as provided in Section 43-21-605.   * * *Any offender convicted of a sex crime shall not be placed in the program.

(2)  No person who is convicted of a crime of violence as defined under Section 97-3-2 or a sex offense as defined under  Section 45-33-23 shall be eligible for the intensive supervision program.  All persons convicted of any other offense and all juveniles adjudicated delinquent of any offense, shall be eligible for the intensive supervision program. 

     ( * * *23)  * * * The court may place the defendant on intensive supervision, except when a death sentence or life imprisonment is the maximum penalty which may be imposed by a court or judge The court may place an eligible offender on intensive supervision at the time of sentencing.  At any time during a term of incarceration, the sentencing court may also, upon its own motion or the motion of the offender, place an eligible offender on intensive supervision for the remainder of the offender's sentence.

     ( * * *34)  To protect and to ensure the safety of the state's citizens, any offender who violates an order or condition of the intensive supervision program may be arrested by the correctional field officer and placed in the actual custody of the Department of Corrections.  Such offender is under the full and complete jurisdiction of the department and subject to removal from the program by the classification hearing officer.

     ( * * *45)  When any circuit or county court places an offender in an intensive supervision program, the court shall give notice to the Mississippi Department of Corrections within fifteen (15) days of the court's decision to place the offender in an intensive supervision program.  Notice shall be delivered to the central office of the Mississippi Department of Corrections and to the regional office of the department which will be providing supervision to the offender in an intensive supervision program.

     The courts may not require an offender to participate in the intensive supervision program during a term of probation or post-release supervision.

     ( * * *56)  The Department of Corrections shall provide to the Oversight Task Force all relevant data regarding the offenders participating in the intensive supervision program including the number of offenders admitted to the program annually, the number of offenders who leave the program annually and why they leave, the number of offenders who are arrested or convicted annually and the circumstances of the arrest and any other information requested.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2019.

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