Senate Amendments to House Bill No. 1352
TO THE CLERK OF THE HOUSE:
THIS IS TO INFORM YOU THAT THE SENATE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:
AMENDMENT NO. 1
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. This act shall be known and may be cited as the "Criminal Justice Reform Act."
SECTION 2. Section 9-23-1, Mississippi Code of 1972, is amended as follows:
9-23-1. This
chapter shall be known and may be cited as the "Alyce Griffin Clarke * * * Intervention Court Act."
SECTION 3. Section 9-23-3, Mississippi Code of 1972, is amended as follows:
9-23-3. (1)
The Legislature of Mississippi recognizes the critical need for judicial
intervention to reduce the incidence of alcohol and drug use, alcohol and drug
addiction, and crimes committed as a result of alcohol and drug use and alcohol
and drug addiction. It is the intent of the Legislature to facilitate local * * * intervention court alternative
orders adaptable to chancery, circuit, county, youth, municipal and justice
courts.
(2) The goals of the * * * intervention courts under this
chapter include the following:
(a) To reduce alcoholism and other drug dependencies among adult and juvenile offenders and defendants and among respondents in juvenile petitions for abuse, neglect or both;
(b) To reduce criminal and delinquent recidivism and the incidence of child abuse and neglect;
(c) To reduce the alcohol-related and other drug-related court workload;
(d) To increase personal, familial and societal accountability of adult and juvenile offenders and defendants and respondents in juvenile petitions for abuse, neglect or both;
(e) To promote effective interaction and use of resources among criminal and juvenile justice personnel, child protective services personnel and community agencies; and
(f) To use corrections
resources more effectively by redirecting prison-bound offenders whose criminal
conduct is driven in part by drug and alcohol dependence to intensive
supervision and clinical treatment available in the * * * intervention
court.
SECTION 4. Section 9-23-5, Mississippi Code of 1972, is amended as follows:
9-23-5. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:
(a) "Chemical" tests means the analysis of an individual's: (i) blood, (ii) breath, (iii) hair, (iv) sweat, (v) saliva, (vi) urine, or (vii) other bodily substance to determine the presence of alcohol or a controlled substance.
(b) "Crime of violence" means an offense listed in Section 97-3-2.
(c) " * * *Intervention court" means an
immediate and highly structured intervention process for substance abuse
treatment of eligible defendants or juveniles that:
(i) Brings together substance abuse professionals, local social programs and intensive judicial monitoring; and
(ii) Follows the
key components of * * * intervention courts published by the * * * Intervention Court Program Office
of the United States Department of Justice.
(d) "Evidence-based practices" means supervision policies, procedures and practices that scientific research demonstrates reduce recidivism.
(e) "Risk and needs assessment" means the use of an actuarial assessment tool validated on a Mississippi corrections population to determine a person's risk to reoffend and the characteristics that, if addressed, reduce the risk to reoffend.
SECTION 5. Section 9-23-7, Mississippi Code of 1972, is amended as follows:
9-23-7. The
Administrative Office of Courts shall be responsible for certification and
monitoring of local * * * intervention courts according to standards promulgated
by the State * * *
Intervention Courts Advisory Committee.
SECTION 6. Section 9-23-9, Mississippi Code of 1972, is amended as follows:
9-23-9. (1)
The State * * *
Intervention Courts Advisory Committee is established to develop and
periodically update proposed statewide evaluation plans and models for
monitoring all critical aspects of * * * intervention courts, mental
health courts, veterans courts and other intervention courts that may be
created hereafter. The committee must provide the proposed evaluation
plans to the Chief Justice and the Administrative Office of Courts. The
committee shall be chaired by the Director of the Administrative Office of
Courts or a designee of the director and shall consist of * * *
eleven (11) members all of whom shall be appointed by the Supreme Court * * *. The members shall be broadly
representative of the courts, mental health, veterans affairs, law
enforcement, corrections, criminal defense bar, prosecutors association,
juvenile justice, child protective services and substance abuse treatment
communities.
(2) The State * * * Intervention Courts Advisory
Committee may also make recommendations to the Chief Justice, the Director of
the Administrative Office of Courts and state officials concerning improvements
to * * * intervention
court policies and procedures including the * * * intervention court certification
process. The committee may make suggestions as to the criteria for
eligibility, and other procedural and substantive guidelines for * * * intervention court operation.
(3) The State * * * Intervention Courts Advisory
Committee shall act as arbiter of disputes arising out of the operation of * * * intervention courts established
under this chapter and make recommendations to improve the * * * intervention courts; it shall also
make recommendations to the Supreme Court necessary and incident to compliance
with established rules.
(4) The State * * * Intervention Courts Advisory
Committee shall establish through rules and regulations a viable and fiscally
responsible plan to expand the number of adult and juvenile * * * intervention court programs
operating in Mississippi. These rules and regulations shall include plans to
increase participation in existing and future programs while maintaining their
voluntary nature.
(5) The State * * * Intervention
Courts Advisory Committee shall receive and review the monthly reports
submitted to the Administrative Office of Courts by each certified * * * intervention
court and provide comments and make recommendations, as necessary, to the Chief
Justice and the Director of the Administrative Office of Courts.
SECTION 7. Section 9-23-11, Mississippi Code of 1972, is amended as follows:
9-23-11. (1) The Administrative Office of Courts shall establish,
implement and operate a uniform certification process for all * * * intervention courts and other
problem-solving courts including juvenile courts, veterans courts or any other
court designed to adjudicate criminal actions involving an identified
classification of criminal defendant to ensure funding for * * * intervention courts supports
effective and proven practices that reduce recidivism and substance dependency
among their participants.
(2) The Administrative Office of Courts shall establish a
certification process that ensures any new or existing * * * intervention court meets minimum
standards for * * *
intervention court operation.
(a) These standards shall include, but are not limited to:
(i) The use of evidence-based practices including, but not limited to, the use of a valid and reliable risk and needs assessment tool to identify participants and deliver appropriate interventions;
(ii) Targeting medium to high risk offenders for participation;
(iii) The use of current, evidence-based interventions proven to reduce dependency on drugs or alcohol, or both;
(iv) Frequent testing for alcohol or drugs;
(v) Coordinated strategy between all * * * intervention court program
personnel involving the use of graduated clinical interventions;
(vi) Ongoing judicial interaction with each participant; and
(vii) Monitoring and evaluation of * * * intervention court program
implementation and outcomes through data collection and reporting.
(b) * * * Intervention court certification
applications shall include:
(i) A description of the need for the * * * intervention court;
(ii) The targeted population for the * * * intervention court;
(iii) The eligibility criteria for * * * intervention court participants;
(iv) A description of the process for identifying appropriate participants, including the use of a risk and needs assessment and a clinical assessment;
(v) A description of the * * * intervention court intervention
components, including anticipated budget and implementation plan;
(vi) The data collection plan which shall include collecting the following data:
1. Total number of participants;
2. Total number of successful participants;
3. Total number of unsuccessful participants and the reason why each participant did not complete the program;
4. Total number of participants who were
arrested for a new criminal offense while in the * * * intervention court program;
5. Total number of participants who were
convicted of a new felony or misdemeanor offense while in the * * * intervention court program;
6. Total number of participants who committed
at least one (1) violation while in the * * * intervention court program and the
resulting sanctions;
7. Results of the initial risk and needs
assessment or other clinical assessment conducted on each participant; * * *
8. Total number of applications for screening by race, gender, offenses charged, indigence and, if not accepted, the reason for nonacceptance; and
* * *9. Any other data or information as
required by the Administrative Office of Courts.
(c) Every * * * intervention court shall be
certified under the following schedule:
(i) * * * An intervention court
application submitted after July 1, 2014, shall require certification of the * * * intervention court based on the
proposed * * *
intervention court plan;
(ii) * * * An intervention court
established after July 1, 2014, shall be recertified after its second year of
funded operation;
(iii) * * * An intervention court in
existence on July 1, 2014, must submit a certification petition within one (1)
year of July 1, 2014, and be certified pursuant to the requirements of this
section prior to expending * * * intervention court resources
budgeted for fiscal year 2016; and
(iv) All * * * intervention courts shall submit a
re-certification petition every two (2) years to the Administrative Office of
Courts after the initial certification.
(3) All certified * * * intervention courts shall measure
successful completion of the * * * intervention court based on those
participants who complete the program without a new criminal conviction.
(4) (a) All certified * * * intervention courts must collect
and submit to the Administrative Office of Courts each month, the following
data:
(i) Total number of participants at the beginning of the month;
(ii) Total number of participants at the end of the month;
(iii) Total number of participants who began the program in the month;
(iv) Total number of participants who successfully
completed the * * *
intervention court in the month;
(v) Total number of participants who left the program in the month;
(vi) Total number of participants who were arrested
for a new criminal offense while in the * * * intervention court program in the
month;
(vii) Total number of participants who were
convicted for a new criminal arrest while in the * * * intervention court program in the
month; and
(viii) Total number of participants who committed
at least one (1) violation while in the * * * intervention court program and any
resulting sanction(s).
(b) By August 1, 2015, and each year thereafter, the Administrative Office of Courts shall report to the PEER Committee the information in subsection (4)(a) of this section in a sortable, electronic format.
(5) All certified * * * intervention courts may
individually establish rules and may make special orders and rules as necessary
that do not conflict with the rules promulgated by the Supreme Court or the
Administrative Office of Courts.
(6) A certified * * * drug intervention court may appoint the full- or part-time
employees it deems necessary for the work of the * * * intervention court and shall fix
the compensation of those employees. Such employees shall serve at the will
and pleasure of the judge or the judge's designee.
(7) The Administrative Office of Courts shall promulgate rules and regulations to carry out the certification and re-certification process and make any other policies not inconsistent with this section to carry out this process.
(8) A certified * * * intervention court established
under this chapter is subject to the regulatory powers of the Administrative
Office of Courts as set forth in Section 9-23-17.
SECTION 8. Section 9-23-13, Mississippi Code of 1972, is amended as follows:
9-23-13. (1) * * * An intervention court's
alcohol and drug intervention component shall provide for eligible individuals,
either directly or through referrals, a range of necessary court intervention
services, including, but not limited to, the following:
(a) Screening using a valid and reliable assessment tool effective for identifying alcohol and drug dependent persons for eligibility and appropriate services;
(b) Clinical assessment; for a DUI offense, if the person has two (2) or more DUI convictions, the court shall order the person to undergo an assessment that uses a standardized evidence-based instrument performed by a physician to determine whether the person has a diagnosis for alcohol dependence and would likely benefit from a court-approved medication-assisted treatment indicated and approved for the treatment of alcohol dependence by the United States Food and Drug Administration, as specified in the most recent Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. Upon considering the results of the assessment, the court may refer the person to a rehabilitative program that offers one or more forms of court-approved medications that are approved for the treatment of alcohol dependence by the United States Food and Drug Administration;
(c) Education;
(d) Referral;
(e) Service coordination and case management; and
(f) Counseling and rehabilitative care.
(2) Any inpatient treatment or inpatient detoxification program ordered by the court shall be certified by the Department of Mental Health, other appropriate state agency or the equivalent agency of another state.
(3) All intervention courts shall make available the option for participants to use court-approved medication-assisted treatment while participating in the programs of the court in accordance with the recommendations of the National Drug Court Institute.
SECTION 9. Section 9-23-15, Mississippi Code of 1972, is amended as follows:
9-23-15. (1) In order to
be eligible for alternative sentencing through a local * * * intervention
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 * * * 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 * * * intervention
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 * * * an intervention court, a participant may be
required to undergo a chemical test or a series of chemical tests as specified
by the * * * intervention 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 * * * intervention
court or the laboratory; however, if testing is available from other sources or
the program itself, the judge may waive any fees for testing. The judge may
waive all fees if the applicant is determined to be indigent.
(b) A laboratory that
performs a chemical test under this section shall report the results of the
test to the * * * intervention court.
(4) A person does not have
a right to participate in * * * intervention
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 * * * intervention
court under this chapter. However, any person meeting the eligibility
criteria in subsection (1) of this section shall, upon request, be screened for
admission to intervention court.
SECTION 10. Section 9-23-17, Mississippi Code of 1972, is amended as follows:
9-23-17. With regard to any * * * intervention
court * * *, the
Administrative Office of Courts shall do the following:
(a) Certify and re-certify * * * intervention
court applications that meet standards established by the Administrative Office
of Courts in accordance with this chapter.
(b) Ensure that the structure of the intervention component complies with rules adopted under this section and applicable federal regulations.
(c) Revoke the authorization of a program upon a determination that the program does not comply with rules adopted under this section and applicable federal regulations.
(d) Make agreements and contracts to effectuate the purposes of this chapter with:
(i) Another department, authority or agency of the state;
(ii) Another state;
(iii) The federal government;
(iv) A state-supported or private university; or
(v) A public or private agency, foundation, corporation or individual.
(e) Directly, or by contract, approve and certify any intervention component established under this chapter.
(f) Require, as a
condition of operation, that each * * * intervention
court created or funded under this chapter be certified by the Administrative
Office of Courts.
(g) Collect monthly
data reports submitted by all certified * * * intervention
courts, provide those reports to the State * * * Intervention
Courts Advisory Committee, compile an annual report summarizing the data
collected and the outcomes achieved by all certified * * * intervention
courts and submit the annual report to the Oversight Task Force.
(h) Every three (3)
years contract with an external evaluator to conduct an evaluation of the
effectiveness of the * * * intervention court program, both
statewide and individual * * * intervention
court programs, in complying with the key components of the * * * intervention
courts adopted by the National Association of Drug Court Professionals.
(i) Adopt rules to implement this chapter.
SECTION 11. Section 9-23-19, Mississippi Code of 1972, is amended as follows:
9-23-19. (1) All
monies received from any source by the * * * intervention
court shall be accumulated in a fund to be used only for * * * intervention
court purposes. Any funds remaining in this fund at the end of a fiscal year
shall not lapse into any general fund, but shall be retained in the * * * Intervention
Court Fund for the funding of further activities by the * * * intervention
court.
(2) * * * An intervention court
may apply for and receive the following:
(a) Gifts, bequests and donations from private sources.
(b) Grant and contract money from governmental sources.
(c) Other forms of
financial assistance approved by the court to supplement the budget of the * * * intervention
court.
(3) The costs of
participation in an alcohol and drug intervention program required by the
certified * * * intervention court may be paid by
the participant or out of user fees or such other state, federal or private
funds that may, from time to time, be made available.
(4) The court may assess
such reasonable and appropriate fees to be paid to the local * * * Intervention
Court Fund for participation in an alcohol or drug intervention program;
however, all fees may be waived if the applicant is determined to be indigent.
SECTION 12. Section 9-23-21, Mississippi Code of 1972, is amended as follows:
9-23-21. The director and
members of the professional and administrative staff of the * * * intervention
court who perform duties in good faith under this chapter are immune from civil
liability for:
(a) Acts or omissions in providing services under this chapter; and
(b) The reasonable
exercise of discretion in determining eligibility to participate in the * * * intervention
court.
SECTION 13. Section 9-23-23, Mississippi Code of 1972, is amended as follows:
9-23-23. If the participant
completes all requirements imposed upon him by the * * * intervention
court, including the payment of fines and fees assessed and not waived by
the court, the charge and prosecution shall be dismissed. If the defendant
or participant was sentenced at the time of entry of plea of guilty, the
successful completion of the * * * intervention
court order and other requirements of probation or suspension of sentence will
result in the record of the criminal conviction or adjudication being
expunged. However, no expunction of any implied consent violation shall be
allowed.
SECTION 14. Section 9-25-1, Mississippi Code of 1972, is amended as follows:
9-25-1. (1) The Legislature recognizes that our military veterans have provided an invaluable service to our country. In doing so, many may have suffered the effects of, including, but not limited to, post-traumatic stress disorder, traumatic brain injury and depression, and may also suffer drug and alcohol dependency or addiction and co-occurring mental illness and substance abuse problems. As a result of this, some veterans come into contact with the criminal justice system and are charged with felony offenses. There is a critical need for the justice system to recognize these veterans, provide accountability for their wrongdoing, provide for the safety of the public, and provide for the treatment of our veterans. It is the intent of the Legislature to create a framework for which specialized veterans treatment courts may be established at the circuit court level and at the discretion of the circuit court judge.
(2) Authorization.
A circuit court judge may establish a Veterans Treatment Court program. The Veterans
Treatment Court may, at the discretion of the circuit court judge, be a
separate court program or as a component of an existing * * * intervention
court program. At the discretion of the circuit court judge, the Veterans
Treatment Court may be operated in one (1) county within the circuit court
district, and allow veteran participants from all counties within the circuit
court district to participate.
(3) Eligibility. (a) In order to be eligible to participate in a Veterans Treatment Court program established under this section, the attorney representing the state must consent to the defendant's participation in the program. Further, the court in which the criminal case is pending must have found that the defendant is a veteran of the United States Armed Forces as defined in Title 38 USCS.
(b) Participation in the services of an alcohol and drug intervention component shall only be open to the individuals over whom the court has jurisdiction, except that the court may agree to provide the services for individuals referred from another Veterans Treatment Court. In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.
(c) (i) As a condition of participation in a Veterans Treatment Court, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the Veterans Treatment Court program. A participant may be held liable for costs associated with all chemical tests required under this section. However, a judge may waive any fees for testing.
(ii) A laboratory that performs chemical tests under this section shall report the results of the tests to the Veterans Treatment Courts.
(d) A person does not have the right to participate in a Veterans Treatment Court program 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 the Veterans Treatment Court program.
(e) A defendant shall be excluded from participating in a Veterans Treatment Court program if any one (1) of the following applies:
(i) The crime before the court is a crime of violence as set forth in paragraph (c) of this subsection.
(ii) The defendant does not demonstrate a willingness to participate in a treatment program.
(iii) The defendant has been previously convicted of a felony crime of violence including, but not limited to: murder, rape, sexual battery, statutory rape of a child under the age of sixteen (16), armed robbery, arson, aggravated kidnapping, aggravated assault, stalking, or any offense involving the discharge of a firearm or where serious bodily injury or death resulted to any person.
(f) The court in which the criminal case is pending shall allow an eligible defendant to choose whether to proceed through the Veterans Treatment Court program or otherwise through the justice system.
(g) Proof of matters under this section may be submitted to the court in which the criminal case is pending in any form the court determines to be appropriate, including military service and medical records, previous determinations of a disability by a veteran's organization or by the United States Department of Veterans Affairs, testimony or affidavits of other veterans or service members, and prior determinations of eligibility for benefits by any state or county veterans office.
(4) Administrative Office of Courts. With regard to any Veterans Treatment Court established under this chapter, the Administrative Office of Courts may do the following:
(a) Ensure that the structure of the intervention component complies with rules adopted under this chapter and applicable federal regulations.
(b) Revoke the authorization of a program upon a determination that the program does not comply with rules adopted under this chapter and applicable federal regulations.
(c) Enter into agreements and contracts to effectuate the purposes of this chapter with:
(i) Another department, authority, or agency of the state;
(ii) Another state;
(iii) The federal government;
(iv) A state-supported or private university; or
(v) A public or private agency, foundation, corporation, or individual.
(d) Directly, or by contract, approve and certify any intervention component established under this chapter.
(e) Require, as a condition of operation, that each veterans court created or funded under this chapter be certified by the Administrative Office of Courts.
(f) Adopt rules to implement this chapter.
(5) State * * *
Intervention Court Advisory Committee. (a) The State * * * Intervention
Court Advisory Committee shall be responsible for developing statewide rules
and policies as they relate to Veterans Treatment Court programs.
(b) The State * * * Intervention
Court Advisory Committee may also make recommendations to the Chief Justice,
the Director of the Administrative Office of Courts and state officials
concerning improvements to Veterans Treatment Court policies and procedures.
(c) The State * * * Intervention
Court Advisory Committee shall act as an arbiter of disputes arising out of the
operation of Veterans Treatment Court programs established under this chapter
and make recommendations to improve the Veterans Treatment Court programs.
(6) Funding for Veterans Treatment Courts. (a) All monies received from any source by the Veterans Treatment Court program shall be accumulated in a fund to be used only for Veterans Treatment Court purposes. Any funds remaining in this fund at the end of the fiscal year shall not lapse into the General Fund, but shall be retained in the Veterans Treatment Court fund for the funding of further activities by the Veterans Treatment Court program.
(b) A Veterans Treatment Court program may apply for and receive the following:
(i) Gifts, bequests and donations from private sources.
(ii) Grant and contract money from governmental sources.
(iii) Other forms of financial assistance approved by the court to supplement the budget of the Veterans Treatment Court program.
(7) Immunity. The coordinator and members of the professional and administrative staff of the Veterans Treatment Court program who perform duties in good faith under this chapter are immune from civil liability for:
(a) Acts or omissions in providing services under this chapter; and
(b) The reasonable exercise of discretion in determining eligibility to participate in the Veterans Treatment Court program.
(8) This section shall be codified as a separate article in Title 9, Mississippi Code of 1972.
SECTION 15. Section 9-27-1, Mississippi Code of 1972, is amended as follows:
9-27-1. This chapter shall
be known and may be cited as the Rivers McGraw Mental Health Diversion * * *
Program Act.
SECTION 16. Section 9-27-3, Mississippi Code of 1972, is amended as follows:
9-27-3. (1) The
Legislature recognizes the critical need for judicial intervention to
establish court processes and procedures that are more responsive to the needs
of defendants with mental illnesses, while maintaining public safety and the
integrity of the court process. * * *
(2) The goals of the mental
health diversion * * * programs under this chapter include the
following:
(a) Reduce the number of future criminal justice contacts among offenders with mental illnesses;
(b) Reduce the inappropriate institutionalization of people with mental illnesses;
(c) Improve the mental health and well-being of defendants who come in contact with the criminal justice system;
(d) Improve linkages between the criminal justice system and the mental health system;
(e) Expedite case processing;
(f) Protect public safety;
(g) Establish linkages with other state and local agencies and programs that target people with mental illnesses in order to maximize the delivery of services; and
(h) To use corrections
resources more effectively by redirecting prison-bound offenders whose criminal
conduct is driven in part by mental illnesses to intensive supervision and
clinical treatment available in the mental health diversion * * *
program.
SECTION 17. Section 9-27-7, Mississippi Code of 1972, is amended as follows:
9-27-7. (1) The
Administrative Office of Courts is the repository for reports filed by * * *
programs established under this chapter. The goal of the * * *
programs is to support effective and proven practices that reduce recidivism
and provide treatment for participants.
(2) * * *
Programs must adhere to the standards established in this chapter.
(a) These standards shall include, but are not limited to:
(i) The use of evidence-based practices including, but not limited to, the use of a valid and reliable risk and needs assessment tool to identify participants and deliver appropriate treatments;
(ii) Targeting medium- to high-risk offenders for participation;
(iii) The use of current, evidence-based interventions proven to provide mental health treatment;
(iv) Coordinated
strategy between all mental health diversion * * *
program personnel;
(v) Ongoing judicial interaction with each participant; and
(vi) Monitoring
and evaluation of mental health diversion * * *
program implementation and outcomes through data collection and reporting.
(b) * * *
Programs must implement a data collection plan, which shall include collecting
the following data:
(i) Total number of participants;
(ii) Total number of successful participants;
(iii) Total number of unsuccessful participants and the reason why each participant did not complete the program;
(iv) Total number of participants who were arrested for a new criminal offense while in the program;
(v) Total number of participants who were convicted of a new felony or misdemeanor offense while in the program;
(vi) Total number of participants who committed at least one (1) violation while in the program and the resulting sanction(s);
(vii) Results of the initial risk and needs assessment or other clinical assessment conducted on each participant; and
(viii) Any other data or information as required by the Administrative Office of Courts.
(3) All mental health
diversion * * * programs must measure successful
completion of the program based on those participants who complete the program
without a new criminal conviction.
(4) (a) * * *
Programs must collect and submit to the Administrative Office of Courts each
month, the following data:
(i) Total number of participants at the beginning of the month;
(ii) Total number of participants at the end of the month;
(iii) Total number of participants who began the program in the month;
(iv) Total number of participants who successfully completed the program in the month;
(v) Total number of participants who left the program in the month;
(vi) Total number of participants who were arrested for a new criminal offense while in the program in the month;
(vii) Total number of participants who were convicted for a new criminal arrest while in the program in the month; and
(viii) Total number of participants who committed at least one (1) violation while in the program and any resulting sanction(s).
(b) By August 1, 2018, and each year thereafter, the Administrative Office of Courts shall report to the PEER Committee the information in subsection (4)(a) of this section in a sortable, electronic format.
(5) Mental health diversion * * *
programs may individually establish rules and may make special orders and rules
as necessary that do not conflict with rules promulgated by the Supreme Court
or the Administrative Office of Courts.
(6) A mental health
diversion * * * program may appoint the full or part-time
employees it deems necessary for the work of the mental health diversion * * *
program and shall fix the compensation of those employees, who shall serve at
the will and pleasure of the senior circuit court judge.
(7) A mental health
diversion * * * program established under this chapter is
subject to the regulatory powers of the Administrative Office of Courts as set
forth in Section 9-27-13.
SECTION 18. Section 9-27-9, Mississippi Code of 1972, is amended as follows:
9-27-9. (1) A mental
health diversion * * * program's mental health intervention
component shall provide for eligible individuals, either directly or through
referrals, a range of necessary court treatment services, including, but not
limited to, the following:
(a) Screening using a valid and reliable assessment tool effective for identifying persons affected by mental health issues for eligibility and appropriate services;
(b) Clinical assessment;
(c) Education;
(d) Referral;
(e) Service coordination and case management; and
(f) Counseling and rehabilitative care.
(2) Any inpatient treatment ordered by the court shall be certified by the Department of Mental Health, other appropriate state agency or the equivalent agency of another state.
SECTION 19. Section 9-27-11, Mississippi Code of 1972, is amended as follows:
9-27-11. (1) In order to
be eligible for alternative sentencing through a local mental health diversion * * *
program, 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, other than burglary under Section 97-17-23(1), 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, other than burglary under Section 97-17-23(1).
(c) Other criminal proceedings alleging commission of a crime of violence other than burglary under Section 97-17-23(1) cannot be pending against the participant.
(d) The crime before the court cannot be a charge of driving under the influence of alcohol or any other substance that resulted in the death of a person. In addition, persons who are ineligible for nonadjudication under Section 63-11-30 shall be ineligible to participate in a mental health diversion program.
(e) 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 a mental health treatment 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 mental health diversion program. 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 mental health diversion program, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the program. A participant is liable for the costs of all chemical tests required under this section, regardless of whether the costs are paid to the mental health diversion program or the laboratory; however, if testing is available from other sources or the program itself, the judge may waive any fees for testing. Fees may be waived if the applicant is determined to be indigent.
(b) A laboratory that performs a chemical test under this section shall report the results of the test to the mental health diversion program.
(4) A person does not have a right to participate in a mental health diversion program 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 the mental health diversion program under this chapter. However, any person meeting the eligibility criteria in subsection (1) of this section, shall, upon request, be screened for admission into the program.
SECTION 20. Section 9-27-15, Mississippi Code of 1972, is amended as follows:
9-27-15. (1) All monies
received from any source by a mental health diversion * * *
program shall be accumulated in a local fund to be used only for mental health
diversion * * * program purposes. Any funds remaining in
a local fund at the end of a fiscal year shall not lapse into any general fund,
but shall be retained in the mental health diversion * * *
program fund for the funding of further activities by the mental health
diversion * * * program. * * *
(2) A mental health
diversion * * * program may apply for and receive the
following:
(a) Gifts, bequests and donations from private sources.
(b) Grant and contract monies from governmental sources.
(c) Other forms of
financial assistance approved by the court to supplement the budget of the
mental health diversion * * * program.
(3) The costs of
participation in a mental health treatment program required by the mental
health diversion * * * program may be paid by the participant or
out of user fees or such other state, federal or private funds that may, from
time to time, be made available.
(4) The court may assess
reasonable and appropriate fees to be paid to the local mental health diversion * * *
program fund for participation in a mental health treatment program;
however, all fees may be waived by the court if the applicant is determined to
be indigent.
SECTION 21. Section 9-27-17, Mississippi Code of 1972, is amended as follows:
9-27-17. The director and members of the professional and administrative staff of the mental health diversion program who perform duties in good faith under this chapter are immune from civil liability for:
(a) Acts or omissions in providing services under this chapter; and
(b) The reasonable
exercise of discretion in determining eligibility to participate in the mental
health diversion * * * program.
SECTION 22. Section 9-27-19, Mississippi Code of 1972, is amended as follows:
9-27-19. If the participant
completes all requirements imposed upon him by the mental health diversion * * *
program, * * *
the charge and prosecution shall be dismissed. If the defendant or participant
was sentenced at the time of entry of a plea of guilty, the successful
completion of the mental health diversion * * *
program order and other requirements of probation or suspension of sentence
will result in the record of the criminal conviction or adjudication being
expunged.
SECTION 23. Sections 9-27-13 and 9-27-21, Mississippi Code of 1972, which regulate pilot programs for mental health diversion courts, are repealed.
SECTION 24. Section 25-3-35, Mississippi Code of 1972, is amended as follows:
25-3-35. (1) The annual salaries of the following judges are fixed as follows:
From and after January 1, 2013, through December 31, 2013:
Chief Justice of the Supreme Court............. $126,292.50
Presiding Justices of the Supreme Court, each.. 123,600.75
Associate Justices of the Supreme Court, each.. 122,460.00
From and after January 1, 2014, through December 31, 2014:
Chief Justice of the Supreme Court............. $137,195.00
Presiding Justices of the Supreme Court, each.. 134,011.50
Associate Justices of the Supreme Court, each.. 132,390.00
From and after January 1, 2015, through December 31, 2015:
Chief Justice of the Supreme Court............. $148,097.50
Presiding Justices of the Supreme Court, each.. 144,422.25
Associate Justices of the Supreme Court, each.. 142,320.00
From and after January 1, 2016:
Chief Justice of the Supreme Court............. $159,000.00
Presiding Justices of the Supreme Court, each.. 154,833.00
Associate Justices of the Supreme Court, each.. 152,250.00
There are imposed upon the
Supreme Court justices the extra duties of taking all necessary action to
promote judicial education in schools, * * * intervention
courts, electronic filing and case management systems as developed by the
Administrative Office of Courts, or such other additional duties as may be
assigned by the Chief Justice of the Supreme Court. For such extra services
each justice, from and after January 1, 2013, shall receive a sum sufficient to
aggregate, per annum, the salaries set forth in this subsection (1).
The fixed salaries in this subsection (1) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than: One Hundred Fifteen Thousand Three Hundred Ninety Dollars ($115,390.00) of the Chief Justice's salary in this subsection (1), One Hundred Thirteen Thousand One Hundred Ninety Dollars ($113,190.00) of the salary of a presiding justice in this subsection (1), and One Hundred Twelve Thousand Five Hundred Thirty Dollars ($112,530.00) of the salary of an associate justice in this subsection (1) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of the Chief Justice, a presiding justice and an associate justice to the levels set forth in this subsection (1).
The fixed salaries as specified in this subsection (1) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(2) The annual salaries of the judges of the Court of Appeals of Mississippi are fixed as follows:
From and after January 1, 2013, through December 31, 2013:
Chief Judge of the Court of Appeals............ $117,992.00
Associate Judges of the Court of Appeals, each. 114,994.25
From and after January 1, 2014, through December 31, 2014:
Chief Judge of the Court of Appeals............ $127,854.00
Associate Judges of the Court of Appeals, each. 124,938.50
From and after January 1, 2015, through December 31, 2015:
Chief Judge of the Court of Appeals............ $137,716.00
Associate Judges of the Court of Appeals, each. 134,882.75
From and after January 1, 2016:
Chief Judge of the Court of Appeals............ $147,578.00
Associate Judges of the Court of Appeals, each. 144,827.00
From and after January 1, 2013, each judge shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (2).
The fixed salaries in this subsection (2) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than One Hundred Eight Thousand One Hundred Thirty Dollars ($108,130.00) of the Chief Judge's salary in this subsection (2) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the Chief Judge's salary to the level set forth in this subsection (2). No less than One Hundred Five Thousand Fifty Dollars ($105,050.00) of the salary of an associate judge in this subsection (2) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of an associate judge to the level set forth in this subsection (2).
The fixed salaries as specified in this subsection (2) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(3) The annual salaries of the chancery and circuit court judges are fixed as follows:
From and after January 1, 2013, through December 31, 2013:
Chancery Judges, each.......................... $112,127.50
Circuit Judges, each........................... 112,127.50
From and after January 1, 2014, through December 31, 2014:
Chancery Judges, each.......................... $120,085.00
Circuit Judges, each........................... 120,085.00
From and after January 1, 2015, through December 31, 2015:
Chancery Judges, each.......................... $128,042.50
Circuit Judges, each........................... 128,042.50
From and after January 1, 2016:
Chancery Judges, each.......................... $136,000.00
Circuit Judges, each........................... 136,000.00
In addition to their present
official duties, the circuit and chancery judges shall take necessary action to
promote judicial education in schools, * * * intervention
courts, electronic filing and case management systems as developed by the
Administrative Office of Courts, or such other additional duties as may be
assigned by the Chief Justice of the Supreme Court. For such extra services
each judge, from and after January 1, 2013, shall receive a sum sufficient to
aggregate, per annum, the salaries set forth in this subsection (3).
The fixed salaries in this subsection (3) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than One Hundred Four Thousand One Hundred Seventy Dollars ($104,170.00) of the salary of a chancery or circuit Judge in this subsection (3) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of a chancery or circuit judge to the levels set forth in this subsection (3).
(4) From and after January 1, 2019, and every four (4) years thereafter, the annual salaries of the judges in subsections (1), (2) and (3) shall be fixed at the level of compensation recommended by the State Personnel Board according to the board's most recent report on judicial salaries, as required under Section 25-9-115, to the extent that sufficient funds are available. The annual salaries fixed in accordance with this subsection (4) shall not become effective until the commencement of the next immediately succeeding term of office.
(5) The Supreme Court shall prepare a payroll for chancery judges and circuit judges and submit such payroll to the Department of Finance and Administration.
(6) The annual salary of the full-time district attorneys shall be:
From and after January 1, 2013, through December 31, 2013:
One Hundred Three Thousand Three Hundred Twenty-two Dollars ($103,322.00).
From and after January 1, 2014, through December 31, 2014:
One Hundred Ten Thousand Eight Hundred Forty-eight Dollars ($110,848.00).
From and after January 1, 2015, through December 31, 2015:
One Hundred Eighteen Thousand Three Hundred Seventy-four Dollars ($118,374.00).
From and after January 1, 2016:
One Hundred Twenty-five Thousand Nine Hundred Dollars ($125,900.00).
(7) The annual salary of the full-time legal assistants shall be not less than Fifteen Thousand Dollars ($15,000.00) nor more than eighty percent (80%) of the salary of the district attorney for legal assistants who have been licensed to practice law for five (5) years or less; eighty-five percent (85%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least five (5) years but less than fifteen (15) years; and ninety percent (90%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least fifteen (15) years or more.
SECTION 25. Section 43-21-357, Mississippi Code of 1972, is amended as follows:
43-21-357. (1) After receiving a report, the youth court intake unit shall promptly make a preliminary inquiry to determine whether the interest of the child, other children in the same environment or the public requires the youth court to take further action. As part of the preliminary inquiry, the youth court intake unit may request or the youth court may order the Department of Human Services, the Department of Youth Services, any successor agency or any other qualified public employee to make an investigation or report concerning the child and any other children in the same environment, and present the findings thereof to the youth court intake unit. If the youth court intake unit receives a neglect or abuse report, the youth court intake unit shall immediately forward the complaint to the Department of Human Services to promptly make an investigation or report concerning the child and any other children in the same environment and promptly present the findings thereof to the youth court intake unit. If it appears from the preliminary inquiry that the child or other children in the same environment are within the jurisdiction of the court, the youth court intake unit shall recommend to the youth court:
(a) That the youth court take no action;
(b) That an informal adjustment be made;
(c) The Department of Human Services, Division of Family and Children Services, monitor the child, family and other children in the same environment;
(d) That the child is warned or counseled informally;
(e) That the child be
referred to the youth court * * * intervention
court; or
(f) That a petition be filed.
(2) The youth court shall then, without a hearing:
(a) Order that no action be taken;
(b) Order that an informal adjustment be made;
(c) Order that the Department of Human Services, Division of Family and Children Services, monitor the child, family and other children in the same environment;
(d) Order that the child is warned or counseled informally;
(e) That the child be
referred to the youth * * * intervention court; or
(f) Order that a petition be filed.
(3) If the preliminary inquiry discloses that a child needs emergency medical treatment, the judge may order the necessary treatment.
SECTION 26. Section 63-11-31.1, Mississippi Code of 1972, is amended as follows:
63-11-31.1. (1) The
Mississippi Forensics Laboratory shall promulgate rules and regulations for
court-ordered drug testing of DUI/other drug violators and shall approve which
vendors are eligible to be utilized by the trial courts when ordering
defendants to undergo drug testing as a condition of continuing to exercise the
privilege to drive. The Forensics Laboratory may assess fees to the vendors,
and shall prescribe the maximum costs to the offender for drug testing. The
Forensics Laboratory may seek the advice of the State * * * Intervention
Court Advisory Committee in fulfilling these duties.
(2) The Forensics Laboratory must evaluate proposals made by prospective vendors for acceptability, including, without limitation, the following factors:
(a) A description of the method used for assessment;
(b) The frequency with which the offender will be tested;
(c) The procedure used by the vendor to ensure the accuracy of the test results;
(d) The length of time allowed the offender to provide a biological sample after being given notice;
(e) The frequency with which the vendor will make reports to the court;
(f) The list of approved sites for the collection of biological samples for testing.
(3) The Forensics Laboratory must promulgate regulations for the program and for vendors, including at a minimum:
(a) That the offender must pay the cost of the testing program or, if the court finds the offender to be indigent, that the cost be paid from the Interlock Device Fund.
(b) How indigent funds will be accessed by the vendors, and the maximum cost to the offender or the fund.
(4) The Forensics Laboratory will provide the list of approved vendors, subject to continuous updating, to the Mississippi Judicial College for dissemination to the trial courts.
SECTION 27. Section 99-3-45, Mississippi Code of 1972, is amended as follows:
99-3-45. A person under the age of twenty-one (21) who is released under either Section 99-3-17 or 99-3-18 following arrest must be given notice:
(a) That the person is allowed to call a parent, guardian or custodian in addition to any other opportunity to call that has been afforded to such person; and
(b) That * * * Intervention
Court and other pretrial diversion programs may be available for many offenses.
SECTION 28. Section 99-19-73, Mississippi Code of 1972, is amended as follows:
99-19-73. (1) Traffic violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.) and offenses relating to vehicular parking or registration:
FUND AMOUNT
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund......... [Deleted]
Child Support Prosecution Trust Fund.................. [Deleted]
Driver Training Penalty Assessment Fund............... [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Spinal Cord and Head Injury Trust Fund
(for all moving violations)...................... [Deleted]
Emergency Medical Services Operating Fund............. [Deleted]
Mississippi Leadership Council on Aging Fund.......... [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants.... [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
* * *Intervention Court Fund......................... [Deleted]
Judicial Performance Fund............................. [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
Children's Safe Center Fund........................... [Deleted]
DuBard School for Language Disorders Fund............. [Deleted]
Children's Advocacy Centers Fund...................... [Deleted]
Judicial System Operation Fund........................ [Deleted]
GENERAL FUND..................................... $ 90.50
(2) Implied Consent Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.):
FUND AMOUNT
Crime Victims' Compensation Fund...................... [Deleted]
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund......... [Deleted]
Child Support Prosecution Trust Fund.................. [Deleted]
Driver Training Penalty Assessment Fund............... [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Emergency Medical Services Operating Fund............. [Deleted]
Mississippi Alcohol Safety Education Program Fund..... [Deleted]
Federal-State Alcohol Program Fund.................... [Deleted]
Mississippi Forensics Laboratory
Implied Consent Law Fund......................... [Deleted]
Spinal Cord and Head Injury Trust Fund................ [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants.... [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
* * *Intervention Court Fund......................... [Deleted]
Statewide Victims' Information and
Notification System Fund......................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
GENERAL FUND..................................... $ 243.50
(3) Game and Fish Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state:
FUND AMOUNT
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund......... [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Hunter Education and Training Program Fund............ [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for district
attorneys and their legal assistants............. [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
* * *Intervention Court Fund......................... [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
GENERAL FUND..................................... $ 89.00
(4) [Deleted]
(5) Speeding, reckless and careless driving violations. In addition to any assessment imposed under subsection (1) or (2) of this section, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for driving a vehicle on a road or highway:
(a) At a speed that exceeds the posted speed limit by
at least ten (10) miles per hour but not more than twenty (20) miles per hour..................................................... $10.00
(b) At a speed that exceeds the posted speed limit by at least twenty (20) miles per hour but not more than thirty (30) miles per hour......................................................... $20.00
(c) At a speed that exceeds the posted speed limit by thirty (30) miles per hour or more.............................. $30.00
(d) In violation of Section 63-3-1201, which is the offense of reckless driving......................................... $10.00
(e) In violation of Section 63-3-1213, which is the offense of careless driving......................................... $10.00
All assessments collected under this subsection shall be deposited into the State General Fund.
(6) Other misdemeanors. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration:
FUND AMOUNT
Crime Victims' Compensation Fund.................... $[Deleted]
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training, Investigation
and Prosecution Trust Fund....................... [Deleted]
Child Support Prosecution Trust Fund.................. [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
State Crime Stoppers Fund............................. [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants.... [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
* * *Intervention Court Fund......................... [Deleted]
Judicial Performance Fund............................. [Deleted]
Statewide Victims' Information and
Notification System Fund......................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
Information Exchange Network Fund..................... [Deleted]
Motorcycle Officer Training Fund...................... [Deleted]
Civil Legal Assistance Fund........................... [Deleted]
Justice Court Collections Fund........................ [Deleted]
Municipal Court Collections Fund...................... [Deleted]
GENERAL FUND....................................... $121.75
(7) Other felonies. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section:
FUND AMOUNT
Crime Victims' Compensation Fund..................... $[Deleted]
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training, Investigation
and Prosecution Trust Fund....................... [Deleted]
Child Support Prosecution Trust Fund.................. [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
Criminal Justice Fund................................. [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants.... [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
* * *Intervention Court Fund......................... [Deleted]
Statewide Victims' Information and
Notification System Fund......................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
Forensics Laboratory DNA Identification System Fund... [Deleted]
GENERAL FUND....................................... $280.50
(8) Additional assessments on certain violations:
(a) Railroad crossing violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation involving railroad crossings under Section 37-41-55, 63-3-1007, 63-3-1009, 63-3-1011, 63-3-1013 or 77-9-249:
Operation Lifesaver Fund............................ $25.00
(b) Drug violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 41-29-139:
Drug Evidence Disposition Fund...................... $25.00
(c) Motor vehicle liability insurance violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 63-15-4(4) or Section 63-16-13(1):
Uninsured Motorist Identification Fund:
First offense................................$200.00
Second offense...............................$300.00
Third or subsequent offense..................$400.00
(9) If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court.
(10) (a) After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section. The state assessments imposed under the provisions of this section may not be paid by personal check.
(b) It shall be the duty of the chancery clerk of each county to deposit all state assessments collected in the circuit, county and justice courts in the county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in the county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in the county during that month.
(c) It shall be the duty of the municipal clerk of each municipality to deposit all the state assessments collected in the municipal court in the municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in the municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in the municipality during that month.
(11) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all state assessments into the State General Fund or proper special fund in the State Treasury. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these funds.
(12) The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed. The Auditor shall provide in the regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which the defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the Auditor.
SECTION 29. 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; or
(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.
(3) In addition to the reasons specified in this section, the commissioner shall be authorized to suspend the license issued to any person pursuant to this article for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or 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. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 30. 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 * * * after
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 31. Section 63-1-52, Mississippi Code of 1972, is amended as follows:
63-1-52. (1) Whenever the Commissioner of Public Safety suspends, cancels or revokes the driver's license or driving privileges of any person, notice of the suspension, cancellation or revocation shall be given to such person by the commissioner, or his duly authorized agent, in the manner provided in subsection (2) of this section and at the time provided in subsection (3) of this section or in the manner and at the time provided in subsection (4) of this section.
(2) Notice shall be given in the following manner:
(a) In writing, (i) by
United States Certificate of Mailing; or (ii) by personal service at the
person's address as it appears on the driving record maintained by the
Department of Public Safety or at the person's last-known address; or
(iii) by personal notice being given by any law enforcement officer of this
state or any duly authorized agent of the Commissioner of Public Safety on
forms prescribed and furnished by the Commissioner of Public Safety; whenever a
person's driver's license or driving privileges are suspended, revoked or
cancelled in accordance with the Mississippi Driver License Compact Law, the
Mississippi Implied Consent Law, the Mississippi Motor Vehicle Safety
Responsibility Law or * * * subsection
(2)(c), (2)(d), (2)(e) or (2)(f) of Section 63-1-53.
(b) In writing, by
United States first class mail, whenever a person's driver's license or driving
privileges are suspended, revoked or cancelled in accordance with the
Mississippi Commercial Driver's License Law, the Youth Court Law, Chapter 23 of
Title 43, Mississippi Code of 1972, Section 63-1-45, Section 63-1-51, * * * subsection
(2)(g) * * * or
(2)(h) * * *
of Section 63-1-53, or Section 63-9-25.
(3) Notice shall be given at the following time:
(a) Before suspension,
revocation or cancellation, whenever a person's driver's license or driving
privileges are suspended, revoked or cancelled in accordance with the
Mississippi Driver License Compact Law, the Mississippi Motor Vehicle Safety
Responsibility Law or * * * subsection
(2)(c), (2)(d), (2)(e) or (2)(f) of Section 63-1-53.
(b) Unless otherwise
specifically provided for by law, at the time of suspension, revocation or
cancellation, whenever a person's driver's license or driving privileges are
suspended, revoked or cancelled in accordance with the Mississippi Commercial
Driver's License Law, the Mississippi Implied Consent Law, the Youth Court Law,
Chapter 23 of Title 43, Mississippi Code of 1972, Section 63-1-45, Section 63-1-51, * * * subsection
(2)(g) * * * or
(2)(h) * * *
of Section 63-1-53, or Section 63-9-25.
(4) Whenever the
Commissioner of Public Safety suspends, revokes or cancels the driver's license
or driving privileges of any person in accordance with some provision of law
other than a provision of law referred to in subsections (2) and (3) of this
section, and the manner and time for giving notice is not provided for in such
law, then notice of such suspension, revocation or cancellation shall be given
in the manner and at the time provided for under * * * subsections
(2)(b) and (3)(b) of this section.
SECTION 32. Section 63-1-71, Mississippi Code of 1972, is amended as follows:
63-1-71. (1) * * * Notwithstanding the
provisions of Section 63-11-30 * * *(3) 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, * * * 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 * * * sixteen (16) 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 * * * sixteen (16). 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 * * * suspension 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 33. Section 63-1-46, Mississippi Code of 1972, is amended 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 * * *.
(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 34. Section 99-19-71, Mississippi Code of 1972, is amended as follows:
99-19-71. (1) Any person who has been convicted of a misdemeanor that is not a traffic violation, and who is a first offender, may petition the justice, county, circuit or municipal court in which the conviction was had for an order to expunge any such conviction from all public records.
(2) (a) * * * Except as otherwise provided in this
subsection, a person who has been convicted of * * * a felony
and who has paid all criminal fines and costs of court imposed in the sentence
of conviction may petition the court in which the conviction was had for an
order to expunge one (1) conviction from all public records five (5) years
after the successful completion of all terms and conditions of the sentence for
the conviction * * * upon a hearing as
determined in the discretion of the court; however, a person is not eligible to
expunge a felony classified as:
(i) A crime of violence as provided in Section 97-3-2;
(ii) Arson, first degree as provided in Sections 97-17-1 and 97-17-3;
(iii) Trafficking in controlled substances as provided in Section 41-29-139;
(iv) A third, fourth or subsequent offense DUI as provided in Section 63-11-30(2)(c) and (2)(d);
(v) Felon in possession of a firearm as provided in Section 97-35-5;
(vi) Failure to register as a sex offender as provided in Section 43-33-33;
(vii) Voyeurism as provided in Section 97-29-61;
(viii) Witness intimidation as provided in Section 97-9-113;
(ix) Abuse, neglect or exploitation of a vulnerable person as provided in Section 43-47-19; or
(x) Embezzlement as provided in Section 97-23-19.
A person is eligible for only one (1) felony expunction under this paragraph. For the purposes of this section, the terms "one (1) conviction" and "one (1) felony expunction" mean and include all convictions that arose from a common nucleus of operative facts as determined in the discretion of the court.
* * *
( * * *b) The petitioner shall give ten (10)
days' written notice to the district attorney before any hearing on the
petition. In all cases, the court wherein the petition is filed may grant the
petition if the court determines, on the record or in writing, that the
applicant is rehabilitated from the offense which is the subject of the
petition. In those cases where the court denies the petition, the findings of
the court in this respect shall be identified specifically and not generally.
(3) Upon entering an order of expunction under this section, a nonpublic record thereof shall be retained by the Mississippi Criminal Information Center solely for the purpose of determining whether, in subsequent proceedings, the person is a first offender. The order of expunction shall not preclude a district attorney's office from retaining a nonpublic record thereof for law enforcement purposes only. The existence of an order of expunction shall not preclude an employer from asking a prospective employee if the employee has had an order of expunction entered on his behalf. The effect of the expunction order shall be to restore the person, in the contemplation of the law, to the status he occupied before any arrest or indictment for which convicted. No person as to whom an expunction order has been entered shall be held thereafter under any provision of law to be guilty of perjury or to have otherwise given a false statement by reason of his failure to recite or acknowledge such arrest, indictment or conviction in response to any inquiry made of him for any purpose other than the purpose of determining, in any subsequent proceedings under this section, whether the person is a first offender. A person as to whom an order has been entered, upon request, shall be required to advise the court, in camera, of the previous conviction and expunction in any legal proceeding wherein the person has been called as a prospective juror. The court shall thereafter and before the selection of the jury advise the attorneys representing the parties of the previous conviction and expunction.
(4) Upon petition therefor, a justice, county, circuit or municipal court 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.
(5) No public official is eligible for expunction under this section for any conviction related to his official duties.
SECTION 35. Section 9-21-3, Mississippi Code of 1972, is amended as follows:
9-21-3. (1) The Administrative Office of Courts shall be specifically charged with the duty of assisting the Chief Justice of the Supreme Court of Mississippi with his duties as the chief administrative officer of all courts of this state, including, without limitation, the task of insuring that the business of the courts of the state is attended with proper dispatch, that the dockets of such courts are not permitted to become congested and that trials and appeals of cases, civil and criminal, are not delayed unreasonably.
(2) The office shall also perform the following duties:
(a) To work with the clerks of all youth courts and civil and criminal trial courts in the state to collect, obtain, compile, digest and publish information and statistics concerning the administration of justice in the state.
(b) To serve as an agency to apply for and receive any grants or other assistance and to coordinate and conduct studies and projects to improve the administration of justice by the courts of the state, and it may conduct such studies with or without the assistance of consultants.
* * *
( * * *c) To promulgate standards, rules and
regulations for computer and/or electronic filing and storage of all court
records and court-related records maintained throughout the state in courts and
in offices of circuit and chancery clerks.
( * * *d) (i) To implement and maintain a
publicly accessible centralized database for the storage and retrieval of jail
census data and to promulgate uniform rules, regulations, and computer and
electronic filing standards and definitions that must be used uniformly by
every sheriff's department within the state.
(ii) To promulgate standards, rules and regulations for computer and electronic filing and storage of all records maintained throughout the state under this subsection (2).
(iii) The jail census data must include for each detainee, at a minimum, the following:
1. Name;
2. Date of arrest or detention;
3. Offense charged;
4. All conditions of any release;
5. Race;
6. Whether the detainee is awaiting mental health services;
7. Date of indictment;
8. Whether the pending charge is a felony or misdemeanor;
9. Whether the detainee has been convicted;
10. If convicted, the length of the sentence imposed by the court;
11. Whether the detainee is a Mississippi Department of Corrections' inmate;
12. The jurisdiction for which the detainee is being held.
(e) It shall perform such other duties relating to the improvement of the administration of justice as may be assigned by the Supreme Court of Mississippi.
SECTION 36. Section 19-25-63, Mississippi Code of 1972, is amended as follows:
19-25-63. It shall be the duty of every sheriff to keep a record, to be called the "Jail docket," in which he shall note each warrant or mittimus by which any person shall be received into or placed in the jail of his county, entering the nature of the writ or warrant, by whom issued, the name of the prisoner, when received, the date of the arrest and commitment, for what crime or other cause the party is imprisoned, and on what authority, how long the prisoner was so imprisoned, how released or discharged, and the warrant therefor or the receipt of the officer of the Penitentiary when sent there. All of said entries shall comply with the uniform reporting standards of the Administrative Office of Courts authorized under Section 9-21-3 and must be full and complete, so as to give a perfect history of each case, and must use the uniform definitions promulgated by the Administrative Office of Courts to increase clarity and transparency. The record shall be kept as a public record, and turned over to his successor.
SECTION 37. Section 47-1-21, Mississippi Code of 1972, is amended as follows:
47-1-21. The sheriff of each county shall keep a well-bound alphabetical jail docket that must comply with the uniform reporting standards and definitions promulgated by the Administrative Office of Courts under Section 9-21-3. In it he shall promptly enter under the proper initial the name, age, color and sex of each convict, the date of his or her commitment, each day worked on the county farm, time required to be served and amount of fine and costs and the jail fees charged against the prisoner and the date of discharge.
The sheriff shall submit his docket to the board of supervisors at each of their regular meetings, and the same shall be examined carefully by the president of the board, and by any other members who desire to examine the same, in the presence of the board while in session.
SECTION 38. (1) There is hereby created an advisory committee on jail census data collection to promote criminal justice transparency by facilitating the availability of comparable and uniform data. The duties of the task force are as follows:
(a) Research the standards, format, and terminology used by authorities in other states and by the federal government to create uniform data-reporting regulations to be used for recording data on offenders incarcerated throughout the state's county jails and which will capture the following data:
(i) The number of individuals detained for a new offense or delinquent act.
(ii) The number of individuals detained pending trial.
(iii) The number of offenders detained for a revocation of supervision.
(iv) The average sentence length for new jail sentences by offense type.
(v) The average sentence length for offenders in jail for a probation revocation.
(vi) The average sentence length for offenders in jail for a parole revocation.
(vii) The percentage of sentences in each category offense type, including whether the offense was violent, property, drug, or public order. All drug offenses shall include the type of drug implicated in the offense, as well as type of offense, such as possession, sale or manufacture.
(viii) The average length of stay by offense type.
(ix) For individuals awaiting trial, the average length of stay from the time of arrest to the time of indictment, and from the time of indictment to trial.
(b) Research best practices for implementing a centralized database for reporting of the prescribed jail census data by each county authority and recommend a timeline for the submission of the data.
(c) Recommend computer equipment and acceptable electronic processes for transmission of the data by each county to the Administrative Office of Courts.
(d) The commission shall submit its report to the Legislature no later than December 1, 2019.
(e) The initial meeting date of the task force shall be on or before July 15, 2019.
(2) (a) The task force shall be composed of (5) members, as follows:
(i) The Director of the Roderick and Solange MacArthur Justice Center at the University of Mississippi School of Law or a designee;
(ii) The State Public Defender or a designee;
(iii) The President of the Mississippi Prosecutors Association or a designee;
(iv) The President of the Mississippi Sheriffs' Association or a designee; and
(v) A circuit court judge appointed by the Executive Director of the Mississippi Commission on Judicial Performance.
(b) At its first meeting, the task force shall elect a chair and vice chair from its membership and shall adopt rules for transacting its business and keeping records.
SECTION 39. Section 47-7-49, Mississippi Code of 1972, is amended as follows:
47-7-49. (1) Any offender
on probation, parole, earned-release supervision, post-release supervision,
earned probation or any other offender under the field supervision of the
Community Services Division of the department shall pay to the department the
sum of Fifty-five Dollars ($55.00) per month by certified check or money order
unless a hardship waiver is granted. An offender shall make the initial
payment within * * * sixty (60) days after being released from imprisonment
unless a hardship waiver is granted. A hardship waiver may be granted by the
sentencing court or the Department of Corrections. A hardship waiver may not
be granted for a period of time exceeding ninety (90) days. The commissioner
or his designee shall deposit Fifty Dollars ($50.00) of each payment received
into a special fund in the State Treasury, which is hereby created, to be known
as the Community Service Revolving Fund. Expenditures from this fund shall be
made for: (a) the establishment of restitution and satellite centers; and (b)
the establishment, administration and operation of the department's Drug
Identification Program and the intensive and field supervision program. The
Fifty Dollars ($50.00) may be used for salaries and to purchase equipment,
supplies and vehicles to be used by the Community Services Division in the performance
of its duties. Expenditures for the purposes established in this section may
be made from the fund upon requisition by the commissioner, or his designee.
Of the remaining amount, Three Dollars ($3.00) of each payment shall be deposited into the Crime Victims' Compensation Fund created in Section 99-41-29, and Two Dollars ($2.00) shall be deposited into the Training Revolving Fund created pursuant to Section 47-7-51. When a person is convicted of a felony in this state, in addition to any other sentence it may impose, the court may, in its discretion, order the offender to pay a state assessment not to exceed the greater of One Thousand Dollars ($1,000.00) or the maximum fine that may be imposed for the offense, into the Crime Victims' Compensation Fund created pursuant to Section 99-41-29.
Any federal funds made available to the department for training or for training facilities, equipment or services shall be deposited into the Correctional Training Revolving Fund created in Section 47-7-51. The funds deposited in this account shall be used to support an expansion of the department's training program to include the renovation of facilities for training purposes, purchase of equipment and contracting of training services with community colleges in the state.
No offender shall be required to make this payment for a period of time longer than ten (10) years.
(2) The offender may be imprisoned until the payments are made if the offender is financially able to make the payments and the court in the county where the offender resides so finds, subject to the limitations hereinafter set out. The offender shall not be imprisoned if the offender is financially unable to make the payments and so states to the court in writing, under oath, and the court so finds.
(3) This section shall stand repealed from and after June 30, 2022.
SECTION 40. Section 47-7-40, Mississippi Code of 1972, is amended as follows:
47-7-40. (1) The commissioner shall establish rules and regulations for implementing the earned-discharge program that allows offenders on probation and parole to reduce the period of supervision for complying with conditions of probation. The department shall have the authority to award earned-discharge credits to all offenders placed on probation, parole, or post-release supervision who are in compliance with the terms and conditions of supervision. An offender serving a Mississippi sentence for an eligible offense in any jurisdiction under the Interstate Compact for Adult Offender Supervision shall be eligible for earned-discharge credits under this section. Offenders shall not be denied earned-discharge credits solely based on nonpayment of fees or fines if a hardship waiver has been granted as provided in Section 47-7-49.
(2) For each full calendar month of compliance with the conditions of supervision, earned-discharge credits equal to the number of days in that month shall be deducted from the offender's sentence discharge date. Credits begin to accrue for eligible offenders after the first full calendar month of compliance supervision conditions. For the purposes of this section, an offender is deemed to be in compliance with the conditions of supervision if there was no violation of the conditions of supervision.
(3) No earned-discharge credits may accrue for a calendar month in which a violation report has been submitted, the offender has absconded from supervision, the offender is serving a term of imprisonment in a technical violation center, or for the months between the submission of the violation report and the final action on the violation report by the court or the board.
(4) Earned-discharge credits shall be applied to the sentence within thirty (30) days of the end of the month in which the credits were earned. At least every six (6) months, an offender who is serving a sentence eligible for earned-discharge credits shall be notified of the current sentence discharge date.
(5) Once the combination of time served on probation, parole or post-release supervision, and earned-discharge credits satisfy the term of probation, parole, or post-release supervision, the board or sentencing court shall order final discharge of the offender. No less than sixty (60) days prior to the date of final discharge, the department shall notify the sentencing court and the board of the impending discharge.
(6) The department shall provide semiannually to the Oversight Task Force the number and percentage of offenders who qualify for earned discharge in one or more months of the year and the average amount of credits earned within the year.
SECTION 41. Section 99-5-11, Mississippi Code of 1972, is amended as follows:
99-5-11. All conservators of the peace may take recognizance or bond; certificate of default; alias warrant; when protection order registry must be checked; when bond not required. (1) All justice court judges and all other conservators of the peace are authorized, whenever a person is brought before them charged with any offense not capital for which bail is allowed by law, to take the recognizance or bond of the person, with sufficient sureties, in such penalty as the justice court judge or conservator of the peace may require, for his appearance before the justice court judge or conservator of the peace for an examination of his case at some future day. And if the person thus recognized or thus giving bond fails to appear at the appointed time, it shall be the duty of the justice court judge or conservator of the peace to return the recognizance or bond, with his certificate of default, to the court having jurisdiction of the case, and a recovery may be had therein by scire facias, as in other cases of forfeiture. The justice court judge or other conservator of the peace shall also issue an alias warrant for the defaulter.
(2) In circumstances involving an offense against any of the following: (a) a current or former spouse of the accused or child of that person; (b) a person living as a spouse or who formerly lived as a spouse with the accused or a child of that person; (c) a parent, grandparent, child, grandchild or someone similarly situated to the accused; (d) a person who has a current or former dating relationship with the accused; or (e) a person with whom the accused has had a biological or legally adopted child, the justice court judge or other conservator of the peace shall check, or cause to be made a check, of the status of the person for whom recognizance or bond is taken before ordering bail in the Mississippi Protection Order Registry authorized under Section 93-21-25, and the existence of a domestic abuse protection order against the accused shall be considered when determining appropriate bail.
(3) A conservator of the peace may release a misdemeanant on the misdemeanant's own recognizance and, for all offenses not described in subsection (2) of this section, a misdemeanant is entitled to release on recognizance unless: (a) the misdemeanant is on probation or parole, has other unresolved charges pending, or has a history of nonappearance; or (b) the court finds that: (i) the release of the misdemeanant would constitute a special danger to any other person or to the community; or (ii) release on recognizance is highly unlikely to assure the appearance of the misdemeanant as required.
SECTION 42. As provided in 21 USC Section 862a(d)(1), Mississippi opts out of the application of 21 USC Section 862a(a) to all individuals domiciled in the state.
SECTION 43. Section 21-23-7, Mississippi Code of 1972, is amended 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 may hold court outside the boundaries of the municipality but not more than within a one-mile radius of the municipality for any purpose. 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 * * *,
there was no disposition of such case, or the person was acquitted or found
not guilty at trial.
SECTION 44. Section 43-21-159, Mississippi Code of 1972, is amended as follows:
43-21-159. (1) When a
person appears before a court other than the youth court, and it is determined
that the person is a child under jurisdiction of the youth court, such court
shall, unless the jurisdiction of the offense has been transferred to such
court as provided in this chapter, or unless the child has previously been the
subject of a transfer from the youth court to the circuit court for trial as an
adult and was convicted, immediately dismiss the proceeding without prejudice
and forward all documents pertaining to the cause to the youth court; and all
entries in permanent records shall be expunged. The youth court shall have the
power to order and supervise the expunction or the destruction of such records
in accordance with Section 43-21-265. Upon petition therefor, the youth court
shall expunge the record of any case within its jurisdiction in which an arrest
was made, the person arrested was released and the case was dismissed or the
charges were dropped * * *, there was no disposition of such case, or the person
was acquitted or found not guilty at trial.
In cases where the child is charged with a hunting or fishing violation or a traffic violation, whether it be any state or federal law, a violation of the Mississippi Implied Consent Law, or municipal ordinance or county resolution, or where the child is charged with a violation of Section 67-3-70, the appropriate criminal court shall proceed to dispose of the same in the same manner as for other adult offenders and it shall not be necessary to transfer the case to the youth court of the county. However, unless the cause has been transferred, or unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult and was convicted, the youth court shall have power on its own motion to remove jurisdiction from any criminal court of any offense including a hunting or fishing violation, a traffic violation, a violation of the Mississippi Implied Consent Law, or a violation of Section 67-3-70, committed by a child in a matter under the jurisdiction of the youth court and proceed therewith in accordance with the provisions of this chapter.
(2) After conviction and sentence of any child by any other court having original jurisdiction on a misdemeanor charge, and within the time allowed for an appeal of such conviction and sentence, the youth court of the county shall have the full power to stay the execution of the sentence and to release the child on good behavior or on other order as the youth court may see fit to make unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult and was convicted. When a child is convicted of a misdemeanor and is committed to, incarcerated in or imprisoned in a jail or other place of detention by a criminal court having proper jurisdiction of such charge, such court shall notify the youth court judge or the judge's designee of the conviction and sentence prior to the commencement of such incarceration. The youth court shall have the power to order and supervise the destruction of any records involving children maintained by the criminal court in accordance with Section 43-21-265. However, the youth court shall have the power to set aside a judgment of any other court rendered in any matter over which the youth court has exclusive original jurisdiction, to expunge or destroy the records thereof in accordance with Section 43-21-265, and to order a refund of fines and costs.
(3) Nothing in subsection (1) or (2) shall apply to a youth who has a pending charge or a conviction for any crime over which circuit court has original jurisdiction.
(4) In any case wherein the defendant is a child as defined in this chapter and of which the circuit court has original jurisdiction, the circuit judge, upon a finding that it would be in the best interest of such child and in the interest of justice, may at any stage of the proceedings prior to the attachment of jeopardy transfer such proceedings to the youth court for further proceedings unless the child has previously been the subject of a transfer from the youth court to the circuit court for trial as an adult and was convicted or has previously been convicted of a crime which was in original circuit court jurisdiction, and the youth court shall, upon acquiring jurisdiction, proceed as provided in this chapter for the adjudication and disposition of delinquent child proceeding proceedings. If the case is not transferred to the youth court and the youth is convicted of a crime by any circuit court, the trial judge shall sentence the youth as though such youth was an adult. The circuit court shall not have the authority to commit such child to the custody of the Department of Youth Services for placement in a state-supported training school.
(5) In no event shall a court sentence an offender over the age of eighteen (18) to the custody of the Division of Youth Services for placement in a state-supported training school.
(6) When a child's driver's license is suspended by the youth court for any reason, the clerk of the youth court shall report the suspension, without a court order under Section 43-21-261, to the Commissioner of Public Safety in the same manner as such suspensions are reported in cases involving adults.
(7) No offense involving the use or possession of a firearm by a child who has reached his fifteenth birthday and which, if committed by an adult would be a felony, shall be transferred to the youth court.
SECTION 45. Section 99-15-26, Mississippi Code of 1972, is amended as follows:
99-15-26. (1) (a) In all criminal cases, felony and misdemeanor, other than crimes against the person, a crime of violence as defined in Section 97-3-2 or a violation of Section 97-11-31, the circuit or county court shall be empowered, upon the entry of a plea of guilty by a criminal defendant made on or after July 1, 2014, to withhold acceptance of the plea and sentence thereon pending successful completion of such conditions as may be imposed by the court pursuant to subsection (2) of this section.
(b) In all misdemeanor criminal cases, other than crimes against the person, the justice or municipal court shall be empowered, upon the entry of a plea of guilty by a criminal defendant, to withhold acceptance of the plea and sentence thereon pending successful completion of such conditions as may be imposed by the court pursuant to subsection (2) of this section.
(c) Notwithstanding paragraph (a) of this subsection (1), in all criminal cases charging a misdemeanor of domestic violence as defined in Section 99-3-7(5), a circuit, county, justice or municipal court shall be empowered, upon the entry of a plea of guilty by the criminal defendant, to withhold acceptance of the plea and sentence thereon pending successful completion of such conditions as may be imposed by the court pursuant to subsection (2) of this section.
(d) No person having previously qualified under the provisions of this section shall be eligible to qualify for release in accordance with this section for a repeat offense. A person shall not be eligible to qualify for release in accordance with this section if charged with the offense of trafficking of a controlled substance as provided in Section 41-29-139(f) or if charged with an offense under the Mississippi Implied Consent Law. Violations under the Mississippi Implied Consent Law can only be nonadjudicated under the provisions of Section 63-11-30.
(2) (a) Conditions which the circuit, county, justice or municipal court may impose under subsection (1) of this section shall consist of:
(i) Reasonable restitution to the victim of the crime.
(ii) Performance of not more than nine hundred sixty (960) hours of public service work approved by the court.
(iii) Payment of a fine not to exceed the statutory limit.
(iv) Successful completion of drug, alcohol, psychological or psychiatric treatment, successful completion of a program designed to bring about the cessation of domestic abuse, or any combination thereof, if the court deems treatment necessary.
(v) The circuit or county court, in its discretion, may require the defendant to remain in the program subject to good behavior for a period of time not to exceed five (5) years. The justice or municipal court, in its discretion, may require the defendant to remain in the program subject to good behavior for a period of time not to exceed two (2) years.
(b) Conditions which the circuit or county court may impose under subsection (1) of this section also include successful completion of an effective evidence-based program or a properly controlled pilot study designed to contribute to the evidence-based research literature on programs targeted at reducing recidivism. Such program or pilot study may be community based or institutionally based and should address risk factors identified in a formal assessment of the offender's risks and needs.
(3) When the court has imposed upon the defendant the conditions set out in this section, the court shall release the bail bond, if any.
(4) Upon successful completion of the court-imposed conditions permitted by subsection (2) of this section, the court shall direct that the cause be dismissed and the case be closed.
(5) Upon petition therefor,
the court 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 * * *,
there was no disposition of such case, or the person was acquitted or
found not guilty at trial.
SECTION 46. Section 99-15-57, Mississippi Code of 1972, is amended as follows:
99-15-57. (1) Any person who pled guilty within six (6) months prior to March 31, 1983, and who would have otherwise been eligible for the relief allowed in Section 99-15-26, may apply to the court in which such person was sentenced for an order to expunge from all official public records all recordation relating to his arrest, indictment, trial, finding of guilty and sentence. If the court determines, after hearing, that such person has satisfactorily served his sentence or period of probation and parole, pled guilty within six (6) months prior to March 31, 1983, and would have otherwise been eligible for the relief allowed in Section 99-15-26, it may enter such order. The effect of such order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or indictment. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failures to recite or acknowledge such arrest, or indictment or trial in response to any inquiry made of him for any purpose.
(2) Upon petition therefor,
the court 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 * * *,
there was no disposition of such case, or the person was acquitted or found
not guilty at trial.
SECTION 47. Section 99-19-71, Mississippi Code of 1972, is amended as follows:
99-19-71. (1) Any person who has been convicted of a misdemeanor that is not a traffic violation, and who is a first offender, may petition the justice, county, circuit or municipal court in which the conviction was had for an order to expunge any such conviction from all public records.
(2) (a) Any person who has been convicted of one (1) of the following felonies may petition the court in which the conviction was had for an order to expunge one (1) conviction from all public records five (5) years after the successful completion of all terms and conditions of the sentence for the conviction: a bad check offense under Section 97-19-55; possession of a controlled substance or paraphernalia under Section 41-29-139(c) or (d); false pretense under Section 97-19-39; larceny under Section 97-17-41; malicious mischief under Section 97-17-67; or shoplifting under Section 97-23-93. A person is eligible for only one (1) felony expunction under this paragraph.
(b) Any person who was under the age of twenty-one (21) years when he committed a felony may petition the court in which the conviction was had for an order to expunge one (1) conviction from all public records five (5) years after the successful completion of all terms and conditions of the sentence for the conviction; however, eligibility for expunction shall not apply to a felony classified as a crime of violence under Section 97-3-2 and any felony that, in the determination of the circuit court, is related to the distribution of a controlled substance and in the court's discretion it should not be expunged. A person is eligible for only one (1) felony expunction under this paragraph.
(c) The petitioner shall give ten (10) days' written notice to the district attorney before any hearing on the petition. In all cases, the court wherein the petition is filed may grant the petition if the court determines, on the record or in writing, that the applicant is rehabilitated from the offense which is the subject of the petition. In those cases where the court denies the petition, the findings of the court in this respect shall be identified specifically and not generally.
(3) Upon entering an order of expunction under this section, a nonpublic record thereof shall be retained by the Mississippi Criminal Information Center solely for the purpose of determining whether, in subsequent proceedings, the person is a first offender. The order of expunction shall not preclude a district attorney's office from retaining a nonpublic record thereof for law enforcement purposes only. The existence of an order of expunction shall not preclude an employer from asking a prospective employee if the employee has had an order of expunction entered on his behalf. The effect of the expunction order shall be to restore the person, in the contemplation of the law, to the status he occupied before any arrest or indictment for which convicted. No person as to whom an expunction order has been entered shall be held thereafter under any provision of law to be guilty of perjury or to have otherwise given a false statement by reason of his failure to recite or acknowledge such arrest, indictment or conviction in response to any inquiry made of him for any purpose other than the purpose of determining, in any subsequent proceedings under this section, whether the person is a first offender. A person as to whom an order has been entered, upon request, shall be required to advise the court, in camera, of the previous conviction and expunction in any legal proceeding wherein the person has been called as a prospective juror. The court shall thereafter and before the selection of the jury advise the attorneys representing the parties of the previous conviction and expunction.
(4) Upon petition therefor,
a justice, county, circuit or municipal court 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 * * *, there was no disposition of such
case, or the person was acquitted or found not guilty at trial.
(5) No public official is eligible for expunction under this section for any conviction related to his official duties.
SECTION 48. Section 32 of this act shall take effect and be in force from and after October 15, 2019, and the remainder of this act shall take effect and be in force from and after July 1, 2019, and shall stand repealed from and after June 30, 2019.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO CREATE THE CRIMINAL JUSTICE REFORM ACT; TO AMEND SECTIONS 9-23-1, 9-23-3, 9-23-5, 9-23-7, 9-23-9, 9-23-11, 9-23-13, 9-23-15, 9-23-17, 9-23-19, 9-23-21 AND 9-23-23, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE ELIGIBILITY OF DRUG COURTS, TO CHANGE THE REFERENCE OF DRUG COURTS TO "INTERVENTION COURTS"; TO INCLUDE MENTAL HEALTH COURTS, VETERANS COURTS AND OTHER INTERVENTION COURTS UNDER THE AUTHORITY OF THE INTERVENTION COURTS ADVISORY COMMITTEE; TO AMEND SECTION 9-25-1, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR VETERANS COURTS, TO CONFORM TO THE PRECEDING SECTION; TO AMEND SECTIONS 9-27-1, 9-27-3, 9-27-7, 9-27-9, 9-27-11, 9-27-15, 9-27-17 AND 9-27-19, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE RIVERS MCGRAW MENTAL HEALTH PROGRAM, TO CONFORM TO THE PRECEDING SECTIONS BY REMOVING THE WORD "PILOT" THROUGHOUT; TO REPEAL SECTIONS 9-27-13 AND 9-27-21, MISSISSIPPI CODE OF 1972, WHICH REGULATE PILOT PROGRAMS FOR MENTAL HEALTH DIVERSION COURTS; TO AMEND SECTIONS 25-3-35, 43-21-357, 63-11-31.1, 99-3-45 AND 99-19-73, MISSISSIPPI CODE OF 1972, TO CONFORM TO THIS ACT; TO AMEND SECTION 63-1-51, MISSISSIPPI CODE OF 1972, TO REMOVE THE OFFENSE OF CONTEMPT FOR FAILURE TO PAY A FINE OR FEE OR FAILURE TO RESPOND TO A SUMMONS OR CITATION RELATING TO A TRAFFIC VIOLATION AS A GROUNDS FOR REVOKING A PERSON'S DRIVER'S LICENSE; TO AMEND SECTION 63-1-53, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AFTER CERTAIN NOTICE IS GIVEN TO A PERSON WHO FAILS TO TIMELY PAY ANY FINES, FEES OR ASSESSMENTS RELATING TO A TRAFFIC VIOLATION WITHIN 90 DAYS OF RECEIVING THE NOTICE, THE PERSON SHALL BE SUBJECT TO HAVING THE FINES, FEES OR ASSESSMENTS COLLECTED BY A COURT RATHER THAN HAVING HIS OR HER DRIVER'S LICENSE SUSPENDED; TO AMEND SECTION 63-1-52, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO AMEND SECTION 63-1-71, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT A PERSON'S DRIVER'S LICENSE BE SUSPENDED FOR A CONTROLLED SUBSTANCE VIOLATION THAT IS UNRELATED TO OPERATING A MOTOR VEHICLE; TO AMEND SECTION 63-1-46, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO AMEND SECTION 99-19-71, MISSISSIPPI CODE OF 1972, TO REVISE THE ELIGIBILITY FOR EXPUNGEMENT; TO AMEND SECTION 9-21-3, MISSISSIPPI CODE OF 1972, TO REQUIRE THE ADMINISTRATIVE OFFICE OF COURTS TO IMPLEMENT UNIFORM REPORTING STANDARDS FOR JAIL CENSUS DATA BY COUNTY SHERIFF'S DEPARTMENTS AND TO CREATE AND MAINTAIN A CENTRALIZED DATABASE FOR STORING THIS DATA; TO AMEND SECTIONS 19-25-63 AND 47-1-21, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT JAIL DOCKETS KEPT BY COUNTY SHERIFFS COMPLY WITH UNIFORM REPORTING STANDARDS IN ORDER TO PROMOTE COMPLIANCE WITH RULE 8 OF THE MISSISSIPPI RULES OF CRIMINAL PROCEDURE; TO AUTHORIZE THE CREATION OF AN ADVISORY COMMITTEE TO PROMOTE TRANSPARENCY BY FACILITATING THE AVAILABILITY OF COMPARABLE AND UNIFORM COUNTY JAIL CENSUS DATA; TO AMEND SECTION 47-7-49, MISSISSIPPI CODE OF 1972, TO REVISE THE INITIAL PERIOD ALLOWED FOR PAYMENT OF THE SUPERVISION FEE; TO AMEND SECTION 47-7-40, MISSISSIPPI CODE OF 1972, TO PROHIBIT DENIAL OF EARNED-DISCHARGE CREDITS SOLELY ON THE BASIS OF NONPAYMENT OF SUPERVISION FEES; TO AMEND SECTION 99-5-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE RELEASE OF CERTAIN MISDEMEANANTS ON RECOGNIZANCE; TO OPT OUT OF FEDERAL RESTRICTIONS ON SNAP ELIGIBILITY FOR DRUG OFFENDERS; TO AMEND SECTIONS 21-23-7, 43-21-159, 99-15-26, 99-15-57 AND 99-19-71, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A COURT TO EXPUNGE THE RECORD OF A CASE IN WHICH THE PERSON WAS FOUND NOT GUILTY OR ACQUITTED AT TRIAL; AND FOR RELATED PURPOSES.
SS36\HB1352PS.J
Liz Welch
Secretary of the Senate