MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Corrections; Judiciary, Division B

By: Senator(s) Jackson (32nd), Simmons (12th)

Senate Bill 2158

AN ACT TO AMEND SECTION 47-7-35, MISSISSIPPI CODE OF 1972, TO ESTABLISH MANDATORY AND DISCRETIONARY CONDITIONS FOR OFFENDERS ON PROBATION, PAROLE, POST-RELEASE SUPERVISION AND OTHER FORMS OF SUPERVISED RELEASE; TO PROVIDE THAT THE TERMS AND CONDITIONS OF AN OFFENDER'S SUPERVISED RELEASE MUST BE BASED ON THE OFFENDER'S RISK AND NEEDS ASSESSMENT; TO AMEND SECTION 47-7-17, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING FOR OFFENDERS ON PAROLE; TO AMEND SECTION 47-7-27, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE PAROLE BOARD MAY ONLY REVOKE PAROLE FOR VIOLATIONS OF CERTAIN CONDITIONS OF SUPERVISION; TO AMEND SECTION 47-7-34, MISSISSIPPI CODE OF 1972, TO REDUCE THE MAXIMUM TERM OF POST-RELEASE SUPERVISION FROM FIVE TO TWO YEARS; TO CLARIFY THAT SUCH TERM SHALL INCLUDE ANY PERIOD OF SUPERVISED AND UNSUPERVISED POST-RELEASE SUPERVISION; TO AMEND SECTION 47-7-37, MISSISSIPPI CODE OF 1972, TO REDUCE THE MAXIMUM TERM OF SUPERVISED PROBATION FROM FIVE TO TWO YEARS; TO PROVIDE THAT A COURT MAY ONLY REVOKE PROBATION FOR VIOLATIONS OF CERTAIN CONDITIONS OF SUPERVISION; TO AMEND SECTION 47-7-38, MISSISSIPPI CODE OF 1972, TO REQUIRE THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO FIRST IMPOSE GRADUATED SANCTIONS BEFORE REQUESTING THE MODIFICATION OR REVOCATION OF AN OFFENDER'S SUPERVISED RELEASE; TO REPEAL SECTION 47-7-37.1, MISSISSIPPI CODE OF 1972, WHICH PROVIDES SPECIFIC REASONS FOR THE REVOCATION OF PROBATION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 47-7-35, Mississippi Code of 1972, is amended as follows:

     47-7-35.  (1)  The courts referred to in Section 47-7-33 or 47-7-34 shall determine the terms and conditions of probation or post-release supervision * * * and based on an offender's risk and needs assessment and as provided in this section.  The courts may alter or modify * * *, the discretionary conditions consistent with an offender's risk and needs assessment at any time during the period of probation or post-release supervision * * *, the conditions and may include among them the following or any other:.  The discretionary conditions of probation or post-release supervision may include any of those set forth in paragraphs (b) through (j) of subsection (2) of this section.  The mandatory conditions of probation or post-release supervision shall include those set forth in paragraphs (a) and (k) of this subsection.

     (2)  The conditions of probation and post-release supervision are that the offender shall:

          (a)  Commit no offense against the laws of this or any other state of the United States, or of any federal, territorial or tribal jurisdiction of the United States;

          (b)  Avoid injurious or vicious habits;

          (c)  Avoid persons or places of disreputable or harmful character;

          (d)  Report to the probation and parole officer as directed.  The failure of an offender to report to the probation and parole officer for six (6) or more consecutive months may be considered a violation of a mandatory condition for revocation purposes;

          (e)  Permit the probation and parole officer to visit him at home or elsewhere;

          (f)  Work faithfully at suitable employment so far as possible;

          (g)  Remain within a specified area;

          (h)  Pay his fine in one (1) or several sums;

          (i)  Support his dependents;

          (j)  Submit, as provided in Section 47-5-601, to any type of breath, saliva or urine chemical analysis test, the purpose of which is to detect the possible presence of alcohol or a substance prohibited or controlled by any law of the State of Mississippi or the United States;

          (k)  Register as a sex offender if so required under Title 45, Chapter 33.

     ( * * *23)  When any court places a defendant on misdemeanor probation, the court must cause to be conducted a search of the probationer's name or other identifying information against the registration information regarding sex offenders maintained under Title 45, Chapter 33.  The search may be conducted using the internet site maintained by the Department of Public Safety Sex Offender Registry.

     (4)  The time served on probation or post-release supervision may be reduced as provided in Section 47-7-40.

     SECTION 2.  Section 47-7-17, Mississippi Code of 1972, is amended as follows:

     47-7-17.  Within one (1) year after his admission and at such intervals thereafter as it may determine, the board shall secure and consider all pertinent information regarding each offender, except any under sentence of death or otherwise ineligible for parole, including the circumstances of * * *his the offense, * * *his previous social history, * * *his previous criminal record, including any records of law enforcement agencies or of a youth court regarding that offender's juvenile criminal history, * * *his conduct, employment and attitude while in the custody of the department, the case plan created to prepare the offender for parole, and the reports of such physical and mental examinations as have been made.  The board shall furnish at least three (3) months' written notice to each * * *such offender of the date on which he is eligible for parole.

     Before ruling on the application for parole of any offender, the board may require a parole-eligible offender to have a hearing as required in this chapter before the board and to be interviewed.  The hearing shall be held no later than thirty (30) days prior to the month of eligibility.  No application for parole of a person convicted of a capital offense shall be considered by the board unless and until notice of the filing of such application shall have been published at least once a week for two (2) weeks in a newspaper published in or having general circulation in the county in which the crime was committed.  The board shall, within thirty (30) days prior to the scheduled hearing, also give notice of the filing of the application for parole to the victim of the offense for which the prisoner is incarcerated and being considered for parole or, in case the offense be homicide, a designee of the immediate family of the victim, provided the victim or designated family member has furnished in writing a current address to the board for such purpose.  Parole release shall, at the hearing, be ordered only for the best interest of society, not as an award of clemency; it shall not be considered to be a reduction of sentence or pardon.  An offender shall be placed on parole only when arrangements have been made for his proper employment or for his maintenance and care, and when the board believes that he is able and willing to fulfill the obligations of a law-abiding citizen.  When the board determines that the offender will need transitional housing upon release in order to improve the likelihood * * *of him that he or * * *her becoming she will become a law-abiding citizen, the board may parole the offender with the condition that the inmate spends no more than six (6) months in a transitional reentry center.  At least fifteen (15) days * * *prior to before the release of an offender on parole, the director of records of the department * * *shall must give the written notice which is required * * *pursuantto under Section 47-5-177.  Every offender while on parole shall remain in the legal custody of the department from which he was released and shall be amenable to the orders of the board.  Upon determination by the board that an offender is eligible for release by parole, notice shall also be given * * *within by the board at least fifteen (15) days before release * * *, by the board to the victim of the offense or the victim's family member, as indicated above, regarding the date when the offender's release shall occur, * * *provided if a current address of the victim or the victim's family member has been furnished in writing to the board for such purpose.

     Failure to provide notice to the victim or the victim's family member of the filing of the application for parole or of any decision made by the board regarding parole shall not

constitute grounds for vacating an otherwise lawful parole determination nor shall it create any right or liability, civilly or criminally, against the board or any member thereof.

     A letter of protest against granting an offender parole shall not be treated as the conclusive and only reason for not granting parole.

     The board may adopt such other rules not inconsistent with law as it may deem proper or necessary with respect to the eligibility of offenders for parole * * *, or the conduct of parole hearings * * *, or.  The board shall adopt such other rules consistent with subsections (1) and (2) of Section 47-7-35 regarding mandatory and discretionary conditions to be imposed upon parolees, including a condition that the parolee submit, as provided in Section 47-5-601 to any type of breath, saliva or urine chemical analysis test, the purpose of which is to detect the possible presence of alcohol or a substance prohibited or controlled by any law of the State of Mississippi or the United States.  The board shall have the authority to adopt rules related to the placement of certain offenders on unsupervised parole and for the operation of transitional reentry centers.  However, in no case shall an offender be placed on unsupervised parole before he has served a minimum of fifty percent (50%) of the period of supervised parole.

     SECTION 3.  Section 47-7-27, Mississippi Code of 1972, is amended as follows:

     47-7-27.  (1)  The board may, * * * at any time and upon a showing of probable violation of a mandatory condition of parole, issue a warrant for the return of any paroled offender to the custody of the department.  The warrant shall authorize all persons named therein to return the paroled offender to actual custody of the department from which he was paroled.

     (2)  Any field supervisor may arrest an offender without a warrant or may deputize any other person with power of arrest by giving him a written statement setting forth that the offender has, in the judgment of that field supervisor, violated the conditions of his parole or earned-release supervision.  The written statement alleging a parole violation must also set forth the date, type and result of graduated sanctions imposed upon the offender for the current violation and for any other violation occurring within the previous six (6) months.  The written statement delivered with the offender by the arresting officer to the official in charge of the department facility from which the offender was released or other place of detention designated by the department shall be sufficient warrant for the detention of the offender.

     (3)  The field supervisor, after making an arrest, shall present to the detaining authorities a similar statement of the circumstances of violation.  The field supervisor shall at once notify the board or department of the arrest and detention of the offender and shall submit a written report showing in what manner the offender has violated the conditions of parole or earned-release supervision.  An offender for whose return a warrant has been issued by the board shall, after the issuance of the warrant, be deemed a fugitive from justice.

     (4)  Whenever an offender is arrested on a warrant for an alleged violation of parole as herein provided, the board shall hold an informal preliminary hearing within seventy-two (72) hours to determine whether there is reasonable cause to believe the person has violated a condition of parole.  A preliminary hearing shall not be required when the offender is not under arrest on a warrant or the offender signed a waiver of a preliminary hearing. The preliminary hearing may be conducted electronically.

     (5)  The right of the State of Mississippi to extradite persons and return fugitives from justice, from other states to this state, shall not be impaired by this chapter and shall remain in full force and effect.  An offender convicted of a felony committed while on parole, whether in the State of Mississippi or another state, shall immediately have his parole revoked upon presentment of a certified copy of the commitment order to the board.  If an offender is on parole and the offender is convicted of a felony for a crime committed prior to the offender being placed on parole, whether in the State of Mississippi or another state, the offender may have his parole revoked upon presentment of a certified copy of the commitment order to the board.  Graduated sanctions shall not be imposed prior to revocation under the provisions of this subsection.

     (6)  (a)  The board shall hold a hearing for any parolee who is detained as a result of a warrant or a violation report within twenty-one (21) days of the parolee's admission to detention.  The board may, in its discretion, terminate the parole or modify the terms and conditions thereof.  However, the board may revoke parole only if it finds substantial evidence that:  (i) the parolee has been indicted for a new felony offense committed while on parole; or (ii) graduated sanctions have been imposed upon the parolee within the previous six (6) months and imposing additional or different sanctions will not secure the parolee's compliance with the conditions of supervision.  If the board revokes parole for one or more technical violations the board shall impose a period of imprisonment to be served in a technical violation center operated by the department not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation.  For the third revocation, the board may impose a period of imprisonment to be served in a technical violation center for up to one hundred * * *and eighty (180) days or the board may impose the remainder of the suspended portion of the sentence.  For the fourth and any subsequent revocation, the board may impose up to the remainder of the suspended portion of the sentence.  The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

          (b)  If the board does not hold a hearing or does not take action on the violation within the twenty-one-day time frame in paragraph (a) of this subsection, the parolee shall be released from detention and shall return to parole status.  The board may subsequently hold a hearing and may revoke parole or may continue parole and modify the terms and conditions of parole.  However, the board may revoke parole only if it finds substantial evidence that:  (i) the parolee has been indicted for a new felony offense committed while on parole; or (ii) graduated sanctions have been imposed upon the parolee within the previous six (6) months and imposing additional or different sanctions will not secure the parolee's compliance with the conditions of supervision.  If the board revokes parole for one or more technical violations the board shall impose a period of imprisonment to be served in a technical violation center operated by the department not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation.  For the third revocation, the board may impose a period of imprisonment to be served in a technical violation center for up to one hundred eighty (180) days or the board may impose the remainder of the suspended portion of the sentence.  For the fourth and any subsequent revocation, the board may impose up to the remainder of the suspended portion of the sentence.  The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

          (c)  For a parolee charged with one or more technical violations who has not been detained awaiting the revocation hearing, the board may hold a hearing within a reasonable time.  The board may revoke parole or may continue parole and modify the terms and conditions of parole.  However, the board may revoke parole only if it finds substantial evidence that:  (i) the parolee has been indicted for a new felony offense committed while on parole; or (ii) graduated sanctions have been imposed upon the parolee within the previous six (6) months and imposing additional or different sanctions will not secure the parolee's compliance with the conditions of supervision.  If the board revokes parole for one or more technical violations the board shall impose a period of imprisonment to be served in a technical violation center operated by the department not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation.  For the third revocation, the board may impose a period of imprisonment to be served in a technical violation center for up to one hundred eighty (180) days or the board may impose the remainder of the suspended portion of the sentence.  For the fourth and any subsequent revocation, the board may impose up to the remainder of the suspended portion of the sentence.  The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

     (7)  Unless good cause for the delay is established in the record of the proceeding, the parole revocation charge shall be dismissed if the revocation hearing is not held within the thirty (30) days of the issuance of the warrant.

     (8)  The chairman and each member of the board and the designated parole revocation hearing officer may, in the discharge of their duties, administer oaths, summon and examine witnesses, and take other steps as may be necessary to ascertain the truth of any matter about which they have the right to inquire.

     (9)  The board shall provide semiannually to the Oversight Task Force the number of warrants issued for an alleged violation of parole, the average time between detention on a warrant and preliminary hearing, the average time between detention on a warrant and revocation hearing, the number of ninety-day sentences in a technical violation center issued by the board, the number of one-hundred-twenty-day sentences in a technical violation center issued by the board, the number of one-hundred-eighty-day sentences issued by the board, and the number and average length of the suspended sentences imposed by the board in response to a violation.

     SECTION 4.  Section 47-7-34, Mississippi Code of 1972, is amended as follows:

     47-7-34.  (1)  When a court imposes a sentence upon a conviction for any felony committed after June 30, 1995, the court, in addition to any other punishment imposed if the other punishment includes a term of incarceration in a state or local correctional facility, may impose a term of post-release supervision.  However, the total number of years of incarceration plus the total number of years of post-release supervision, whether supervised by the Mississippi Department Corrections or any other entity, shall not exceed the maximum sentence authorized to be imposed by law for the felony committed.  The defendant shall be placed under post-release supervision upon release from the term of incarceration.  The period of supervision shall be established by the court and shall not exceed two (2) yearsThe time served on post-release supervision may be reduced pursuant to Section 47-7-40.

     (2)  The period of post-release supervision shall be conducted in the same manner as a like period of supervised probation, including a requirement that the defendant shall abide by any terms and conditions as the court may establish.  Failure to successfully abide by the terms and conditions shall be grounds to terminate the period of post-release supervision and to recommit the defendant to the correctional facility from which he was previously released.  Procedures for termination and recommitment shall be conducted in the same manner as procedures for the revocation of probation and imposition of a suspended sentence as required pursuant to Section 47-7-37.

     (3)  Post-release supervision programs shall be operated through the probation and parole unit of the Division of Community Corrections of the department.  The maximum amount of time that the Mississippi Department of Corrections may supervise an offender on the post-release supervision program is * * * five (5) two (2) years.

     SECTION 5.  Section 47-7-37, Mississippi Code of 1972, is amended as follows:

     47-7-37.  (1)  The period of probation shall be fixed by the court, and may at any time be extended or terminated by the court, or judge in vacation.  Such period with any extension thereof shall not exceed * * * five (5) two (2) years, except that in cases of desertion and/or failure to support minor children, the period of probation may be fixed and/or extended by the court for so long as the duty to support such minor children exists.  The time served on probation or post-release supervision may be reduced pursuant to Section 47-7-40.

     (2)  At any time during the period of probation, the court, or judge in vacation, may issue a warrant for violating any of the mandatory conditions of probation or suspension of sentence and cause the probationer to be arrested.  Any probation and parole officer may arrest a probationer without a warrant, or may deputize any other officer with power of arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the probation and parole officer, violated the conditions of probation.  The written statement shall also set forth the date, type and result of graduated sanctions imposed upon the probationer in response to the current violation and any other violation that occurred within the previous six (6) months.  Such written statement delivered with the probationer by the arresting officer to the official in charge of a county jail or other place of detention shall be sufficient warrant for the detention of the probationer.

     (3)  Whenever an offender is arrested on a warrant for an alleged violation of probation as herein provided, the department shall hold an informal preliminary hearing within seventy-two (72) hours of the arrest to determine whether there is reasonable cause to believe the person has violated a condition of probation.  A preliminary hearing shall not be required when the offender is not under arrest on a warrant or the offender signed a waiver of a preliminary hearing.  The preliminary hearing may be conducted electronically.  If reasonable cause is found, the offender may be confined no more than twenty-one (21) days from the admission to detention until a revocation hearing is held.  If the revocation hearing is not held within twenty-one (21) days, the probationer shall be released from custody and returned to probation status.

     (4)  If a probationer or offender is subject to registration as a sex offender, the court must make a finding that the probationer or offender is not a danger to the public prior to release with or without bail.  In determining the danger posed by the release of the offender or probationer, the court may consider the nature and circumstances of the violation and any new offenses charged; the offender or probationer's past and present conduct, including convictions of crimes and any record of arrests without conviction for crimes involving violence or sex crimes; any other evidence of allegations of unlawful sexual conduct or the use of violence by the offender or probationer; the offender or probationer's family ties, length of residence in the community, employment history and mental condition; the offender or probationer's history and conduct during the probation or other supervised release and any other previous supervisions, including disciplinary records of previous incarcerations; the likelihood that the offender or probationer will engage again in a criminal course of conduct; the weight of the evidence against the offender or probationer; and any other facts the court considers relevant.

     (5)  (a)  The probation and parole officer after making an arrest shall present to the detaining authorities a similar statement of the circumstances of violation.  The probation and parole officer shall at once notify the court of the arrest and detention of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation.  Within twenty-one (21) days of arrest and detention by warrant as herein provided, the court shall cause the probationer to be brought before it and may continue or revoke all or any part of the probation or the suspension of sentence.  However, the court may revoke probation only if it finds substantial evidence that:  (i) the probationer has been indicted for a new felony offense committed while on probation; or (ii) graduated sanctions have been imposed upon the probationer within the previous six (6) months and imposing additional or different sanctions will not secure the probationer's compliance with the conditions of supervision.  If the court revokes probation for one or more technical violations, the court shall impose a period of imprisonment to be served in either a technical violation center or a restitution center not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation.  For the third revocation, the court may impose a period of imprisonment to be served in either a technical violation center or a restitution center for up to one hundred eighty (180) days or the court may impose the remainder of the suspended portion of the sentence.  For the fourth and any subsequent revocation, the court may impose up to the remainder of the suspended portion of the sentence.  The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

          (b)  If the offender is not detained as a result of the warrant, the court shall cause the probationer to be brought before it within a reasonable time and may continue or revoke all or any part of the probation or the suspension of sentence, and may cause the sentence imposed to be executed or may impose any part of the sentence which might have been imposed at the time of conviction.  However, the court may revoke probation only if it finds substantial evidence that:  (i) the probationer has been indicted for a new felony offense committed while on probation; or (ii) graduated sanctions have been imposed upon the probationer within the previous six (6) months and imposing additional or different sanctions will not secure the probationer's compliance with the conditions of supervision.  If the court revokes probation for one or more technical violations, the court shall impose a period of imprisonment to be served in either a technical violation center or a restitution center not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation.  For the third revocation, the court may impose a period of imprisonment to be served in either a technical violation center or a restitution center for up to one hundred eighty (180) days or the court may impose the remainder of the suspended portion of the sentence.  For the fourth and any subsequent revocation, the court may impose up to the remainder of the suspended portion of the sentence.  The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

          (c)  If the court does not hold a hearing or does not take action on the violation within the twenty-one-day period, the offender shall be released from detention and shall return to probation status.  The court may subsequently hold a hearing and may revoke probation or may continue probation and modify the terms and conditions of probation.  However, the court may revoke probation only if it finds substantial evidence that:  (i) the probationer has been indicted for a new felony offense committed while on probation; or (ii) graduated sanctions have been imposed upon the probationer within the previous six (6) months and imposing additional or different sanctions will not secure the probationer's compliance with the conditions of supervision.  If the court revokes probation for one or more technical violations, the court shall impose a period of imprisonment to be served in either a technical violation center operated by the department or a restitution center not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation.  For the third revocation, the court may impose a period of imprisonment to be served in either a technical violation center or a restitution center for up to one hundred eighty (180) days or the court may impose the remainder of the suspended portion of the sentence.  For the fourth and any subsequent revocation, the court may impose up to the remainder of the suspended portion of the sentence.  The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

          (d)  For an offender charged with a technical violation who has not been detained awaiting the revocation hearing, the court may hold a hearing within a reasonable time.  The court may revoke probation or may continue probation and modify the terms and conditions of probation.  However, the court may revoke probation only if it finds substantial evidence that:  (i) the probationer has been indicted for a new felony offense committed while on probation; or (ii) graduated sanctions have been imposed upon the probationer within the previous six (6) months and imposing additional or different sanctions will not secure the probationer's compliance with the conditions of supervision.  If the court revokes probation for one or more technical violations the court shall impose a period of imprisonment to be served in either a technical violation center operated by the department or a restitution center not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation.  For the third revocation, the court may impose a period of imprisonment to be served in either a technical violation center or a restitution center for up to one hundred eighty (180) days or the court may impose the remainder of the suspended portion of the sentence.  For the fourth and any subsequent revocation, the court may impose up to the remainder of the suspended portion of the sentence.  The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

     (6)  If the probationer is arrested in a circuit court district in the State of Mississippi other than that in which he was convicted, the probation and parole officer, upon the written request of the sentencing judge, shall furnish to the circuit court or the county court of the county in which the arrest is made, or to the judge of such court, a report concerning the probationer, and such court or the judge in vacation shall have authority, after a hearing, to continue or revoke all or any part of probation or all or any part of the suspension of sentence, and may in case of revocation proceed to deal with the case as if there had been no probation.  However, the court may revoke probation only if it finds substantial evidence that:  (i) the probationer has been indicted for a new felony offense committed while on probation; or (ii) graduated sanctions have been imposed upon the probationer within the previous six (6) months and imposing additional or different sanctions will not secure the probationer's compliance with the conditions of supervision.  In such case, the clerk of the court in which the order of revocation is issued shall forward a transcript of such order to the clerk of the court of original jurisdiction, and the clerk of that court shall proceed as if the order of revocation had been issued by the court of original jurisdiction.  Upon the revocation of probation or suspension of sentence of any offender, such offender shall be placed in the legal custody of the State Department of Corrections and shall be subject to the requirements thereof.

     (7)  Any probationer who removes himself from the State of Mississippi without permission of the court placing him on probation, or the court to which jurisdiction has been transferred, shall be deemed and considered a fugitive from justice and shall be subject to extradition as now provided by law.  No part of the time that one is on probation shall be considered as any part of the time that he shall be sentenced to serve.

     (8)  The arresting officer, except when a probation and parole officer, shall be allowed the same fees as now provided by law for arrest on warrant, and such fees shall be taxed against the probationer and paid as now provided by law.

     (9)  The arrest, revocation and recommitment procedures of this section also apply to persons who are serving a period of post-release supervision imposed by the court.

     (10)  Unless good cause for the delay is established in the record of the proceeding, the probation revocation charge shall be dismissed if the revocation hearing is not held within thirty (30) days of the warrant being issued.

     (11)  The Department of Corrections shall provide semiannually to the Oversight Task Force the number of warrants issued for an alleged violation of probation or post-release supervision, the average time between detention on a warrant and preliminary hearing, the average time between detention on a warrant and revocation hearing, the number of ninety-day sentences in a technical violation center issued by the court, the number of one-hundred-twenty-day sentences in a technical violation center issued by the court, the number of one-hundred-eighty-day sentences issued by the court, and the number and average length of the suspended sentences imposed by the court in response to a violation.

     SECTION 6.  Section 47-7-38, Mississippi Code of 1972, is amended as follows:

     47-7-38.  (1)  The department shall * * * have the authority to impose graduated sanctions * * * as an alternative to before requesting judicial modification or revocation, as provided in Sections 47-7-27 and 47-7-37, for offenders on probation, parole, or post-release supervision who commit technical violations of the conditions of supervision as defined by Sections 47-7-2 and 47-7-35.

     (2)  The commissioner shall develop a standardized graduated sanctions system, which shall include a grid to guide field officers in determining the suitable response to a technical violation.  The commissioner shall promulgate rules and regulations for the development and application of the system of sanctions.  Field officers shall be required to conform to the sanction grid developed.

     (3)  The system of sanctions shall include a list of sanctions for the most common types of violations.  When determining the sanction to impose, the field officer shall take into account the offender's assessed risk level, previous violations and sanctions, and severity of the current and prior violations.

     (4)  Field officers shall notify the sentencing court * * * when a probationer has committed a technical violation or the parole board when a parolee has committed a technical violation of the type of violation and the sanction imposed or the Parole Board, as applicable, when a probationer or parolee has committed a technical violation, the type of violation and the sanction imposed. * * *  When the technical violation is an arrest  If a probationer is arrested for a new criminal offense, the field officer shall notify the sentencing court or the Parole Board, as applicable, within forty-eight (48) hours of becoming aware of the arrest.

     (5)  The graduated sanctions that the department may impose include, but shall not be limited to:

          (a)  Verbal warnings;

          (b)  Increased reporting;

          (c)  Increased drug and alcohol testing;

          (d)  Mandatory substance abuse treatment;

          (e)  Loss of earned-discharge credits; and

          (f)  Incarceration in a county jail for no more than two (2) days.  Incarceration as a sanction shall not be used more than two (2) times per month for a total period incarcerated of no more than four (4) days.

     (6)  The system shall also define positive reinforcements that offenders will receive for compliance with conditions of supervision.  These positive reinforcements shall include, but not be limited to:

          (a)  Verbal recognition;

          (b)  Reduced reporting; and

          (c)  Credits for earned discharge which shall be awarded pursuant to Section 47-7-40.

     (7)  The Department of Corrections shall provide semiannually to the Oversight Task Force the number and percentage of offenders who have one or more violations during the year, the average number of violations per offender during the year and the total and average number of incarceration sanctions as defined in subsection (5) of this section imposed during the year.

     SECTION 7.  Section 47-7-37.1, Mississippi Code of 1972, which provides specific reasons for the revocation of probation, is repealed.

     SECTION 8.  This act shall take effect and be in force from and after July 1, 2020.