MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Corrections

By: Representative Baker

House Bill 871

AN ACT TO AMEND SECTION 47-7-2, MISSISSIPPI CODE OF 1972, TO CLARIFY THE DEFINITION OF A "TECHNICAL VIOLATION" BY PROVIDING THAT A VIOLATION SHALL NOT INCLUDE THE COMMISSION OF ANY FELONY OR CRIME OF VIOLENCE AGAINST PERSONS OR PROPERTY UNDER THE PROBATION AND PAROLE LAW; TO DEFINE THE TERM "PAROLE TO A DETAINER" UNDER SUCH LAW; TO AMEND SECTION 47-7-27, MISSISSIPPI CODE OF 1972, TO PROVIDE THE ACTIONS THAT MUST BE TAKEN WHENEVER A PAROLED OFFENDER'S PAROLE TO A DETAINER IS CLEARED OR SATISFIED BY THE JURISDICTION THAT LODGED THE DETAINER; TO AMEND SECTION 47-7-37, MISSISSIPPI CODE OF 1972, TO PROVIDE THE ACTIONS THAT MUST BE TAKEN WHENEVER A PROBATIONER'S PAROLE TO A DETAINER IS CLEARED OR SATISFIED BY THE JURISDICTION THAT LODGED THE DETAINER; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 47-7-2, Mississippi Code of 1972, is amended as follows:

     47-7-2.  For purposes of this chapter, the following words shall have the meaning ascribed herein unless the context shall otherwise require:

          (a)  "Adult" means a person who is seventeen (17) years of age or older, or any person convicted of any crime not subject to the provisions of the youth court law, or any person "certified" to be tried as an adult by any youth court in the state.

          (b)  "Board" means the State Parole Board.

          (c)  "Parole case plan" means an individualized, written accountability and behavior change strategy developed by the department in collaboration with the parole board to prepare offenders for release on parole at the parole eligibility date.  The case plan shall focus on the offender's criminal risk factors that, if addressed, reduce the likelihood of reoffending.

          (d)  "Commissioner" means the Commissioner of

Corrections.

          (e)  "Correctional system" means the facilities, institutions, programs and personnel of the department utilized for adult offenders who are committed to the custody of the department.

          (f)  "Criminal risk factors" means characteristics that increase a person's likelihood of reoffending.  These characteristics include:  antisocial behavior; antisocial personality; criminal thinking; criminal associates; dysfunctional family; low levels of employment or education; poor use of leisure and recreation; and substance abuse.

          (g)  "Department" means the Mississippi Department of Corrections.

          (h)  "Detention" means the temporary care of juveniles and adults who require secure custody for their own or the community's protection in a physically restricting facility prior to adjudication, or retention in a physically restricting facility upon being taken into custody after an alleged parole or probation violation.

          (i)  "Discharge plan" means an individualized written document that provides information to support the offender in meeting the basic needs identified in the pre-release assessment.  This information shall include, but is not limited to:  contact names, phone numbers, and addresses of referrals and resources.

          (j)  "Evidence-based practices" means supervision policies, procedures, and practices that scientific research demonstrates reduce recidivism.

          (k)  "Facility" or "institution" means any facility for the custody, care, treatment and study of offenders which is under the supervision and control of the department.

          (l)  "Juvenile," "minor" or "youthful" means a person less than seventeen (17) years of age.

          (m)  "Offender" means any person convicted of a crime or offense under the laws and ordinances of the state and its political subdivisions.

          (n)  "Pre-release assessment" means a determination of an offender's ability to attend to basic needs, including, but not limited to, transportation, clothing and food, financial resources, personal identification documents, housing, employment, education, and health care, following release.

          (o)  "Special meetings" means those meetings called by the chairman with at least twenty-four (24) hours' notice or a unanimous waiver of notice.

          (p)  "Supervision plan" means a plan developed by the community corrections department to manage offenders on probation and parole in a way that reduces the likelihood they will commit a new criminal offense or violate the terms of supervision and that increases the likelihood of obtaining stable housing, employment and skills necessary to sustain positive conduct.

          (q)  "Technical violation" means an act or omission by the probationer that violates a condition or conditions of probation placed on the probationer by the court or the probation officer; but shall not include the commission of any felony or crime of violence against persons or property.

          (r)  "Transitional reentry center" means a state-operated or state-contracted facility used to house offenders leaving the physical custody of the Department of Corrections on parole, probation or post-release supervision who are in need of temporary housing and services that reduce their risk to reoffend.

          (s)  "Unit of local government" means a county, city, town, village or other general purpose political subdivision of the state.

          (t)  "Risk and needs assessment" means the determination of a person's risk to reoffend using an actuarial assessment tool validated on Mississippi corrections populations and the needs that, when addressed, reduce the risk to reoffend.

          (u)  "Parole to a detainer" means the release of an offender to the physical custody of the authorities who have lodged the detainer.

     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 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 * * *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.

          (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 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.

          (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 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.

          (d)  If the board utilizes the parole to a detainer process, as defined under Section 47-7-2, the following actions shall be taken if an offender's detainer is cleared or satisfied by the jurisdiction that lodged the detainer:

              (i)  The booking clerk at the county jail to which the offender was paroled to a detainer shall notify the sheriff's department in the paroling jurisdiction as well as the offender's parole officer of the court's decision.  If the offender is able to bond out or the detainer is cleared, the offender shall not be released from custody until the notification is received and acknowledged by the sheriff's department and the parole officer.

              (ii)  The sheriff's department in the jurisdiction which paroled the offender shall temporarily retake physical custody of the offender to ensure the following:

                   1.  That all other conditions of the offender's parole are satisfied before release;

                   2.  That an initial meeting has been scheduled between the offender and his or her assigned parole officer; and

                   3.  That the offender is provided transportation to the offender's determined place of residence as prescribed by the offender's case plan and in compliance with Section 47-7-25.

              (iii)  Upon the release of the offender from custody, a document shall be added to the offender's file indicating the following:

                   1.  That the offender is currently in compliance with all conditions of parole;

                   2.  That the offender has been transported to the offender's designated place of residence; and

                   3.  That the offender has a confirmed official date and time for the offender's initial meeting with an assigned parole officer.

     (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 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.

          (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.

          (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.

          (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.

          (e)  If a parole to a detainer, as defined under Section 47-7-2, is issued under any circumstances prescribed under this section, the following actions shall be taken if an offender's detainer is cleared or satisfied by the jurisdiction that lodged the detainer:

              (i)  The booking clerk at the county jail to which the offender was paroled to a detainer shall notify the sheriff's department in the paroling jurisdiction as well as the offender's probation and parole officer of the court's decision.  If the offender is able to bond out or the detainer is cleared, the offender shall not be released from custody until the notification is received and acknowledged by the sheriff's department and the probation and parole officer; and

               (ii)  The sheriff's department in the jurisdiction which placed the offender on probation shall temporarily retake physical custody of the offender to ensure the following:

                   1.  That all other conditions of the offender's probation are satisfied before release;

                   2.  That an initial meeting has been scheduled between the offender and his or her assigned probation and parole officer; and

                   3.  That the offender is provided transportation to the offender's determined place of residence as prescribed by the offender's written discharge plan in compliance with Section 47-7-33.1.

              (iii)  Upon the release of the offender from custody, a document shall be added to the offender's file indicating the following:

                   1.  That the offender is currently in compliance with all conditions of probation;

                   2.  That the offender has been transported to the offender's designated place of residence; and

                   3.  That the offender has confirmed the official date and time for the offender's initial meeting with an assigned probation and parole officer.

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