MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Highways and Transportation
By: Senator(s) Wiggins, Moran, Butler, Jordan, Norwood, Horhn, Simmons (12th), Witherspoon, Jackson (32nd), Simmons (13th), Jackson (11th)
AN ACT TO PROVIDE FOR A SIX-MONTH PROVISIONAL DRIVER'S LICENSE ISSUED BY THE DEPARTMENT OF PUBLIC SAFETY TO AN APPLICANT WHO HAS BEEN RELEASED FROM INCARCERATION AFTER SERVING A MINIMUM OF ONE YEAR AND HIS LICENSE HAS BEEN SUSPENDED, REVOKED OR CANCELLED FOR ANY REASON; TO PROVIDE CERTAIN REQUIREMENTS AND CERTAIN DISQUALIFICATIONS; TO DIRECT THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO IDENTIFY ELIGIBLE PERSONS TO APPLY FOR A PROVISIONAL DRIVER'S LICENSE; TO AMEND SECTIONS 47-5-157 AND 47-7-33.1, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Mississippi Department of Public Safety shall issue a provisional driver's license to a person who is released from incarceration after serving a minimum of one (1) year and whose driver's license will be or is suspended, revoked or cancelled for any reason upon his release, subject to the provisions of this section. The provisional license issued pursuant to this section shall be valid for six (6) months from the date of issuance. The holder of the provisional license issued pursuant to this section shall have six (6) months from the date of issuance to clear his or her driving record of any suspensions, revocations or cancellations in order to be eligible for a regular operators driver's license.
(2) The provisions of this section shall not apply to any type of commercial operator's license.
(3) The provisions of this section shall not apply in the following circumstances:
(a) When a person was imprisoned for vehicular homicide, or a third or subsequent violation of any other law that prohibits operating a vehicle while intoxicated or under the influence of alcohol or drugs; or
(b) When a person's driver's license has been suspended, revoked or cancelled pursuant to a report of conviction received pursuant to Article III of the Driver License Compact.
(4) The Mississippi Department of Corrections shall identify eligible persons to apply for a provisional driver's license under this section. An "eligible person" means a person who (a) is within one hundred eighty (180) days of release from custody of the Mississippi Department of Corrections or any other residential or release program approved by the department, or (b) if a person is on probation or parole and has been released from custody within the previous six (6) months.
(5) The provisional license issued under the provisions of this section shall permit the holder to drive a motor vehicle directly to and directly home from his or her residence and (a) a place where he or she is employed or a potential place of employment, (b) a place where he or she or his or her minor child attends school or day care, (c) a scheduled meeting with his or her probation or parole officer or other supervisor, (d) any place, location or meeting that the person's probation or parole officer has authorized the person to travel to or attend, or (e) place of religious instruction or worship.
(6) The Department of Public Safety may revoke the provisional license if the holder commits an act or omission that causes the community supervision or parole of the holder of the provisional license to be revoked. The probation or parole officer shall notify the department if the supervision or parole status has been revoked. The court shall notify the department if the holder of a provisional license is charged with a new felony or any moving traffic violation. If the department revokes a provisional license issued pursuant to this section, the holder shall not be entitled to receive another provisional license.
(7) The Department of Public Safety shall defer payment of all fees, penalties and charges relating to the driver's license of the applicant for a provisional license under this section that are incurred prior to or during the term of incarceration and owed by the applicant to the department. There shall be no charge to the applicant for the issue of a provisional license. If the holder of a provisional license issued pursuant to this section qualifies for full and unrestricted driving privileges at the end of the term of the provisional license, the department shall issue a standard driver's license upon the collection of the standard fees and handling charges and shall waive all other fees, penalties and charges authorized by law prior to the issuance of the provisional driver's license pursuant to this section.
SECTION 2. Section 47-5-157, Mississippi Code of 1972, is amended as follows:
47-5-157. When an offender is entitled to a discharge from the custody of the department, or is released therefrom on parole, pardon, or otherwise, the commissioner or his designee shall prepare and deliver to him a written discharge or release, as the case may be, dated and signed by him with seal annexed, giving the offender's name, the name of the offense or offenses for which he was convicted, the term of sentence imposed and the date thereof, the county in which he was sentenced, the amount of commutation received, if any, the trade he has learned, if any, his proficiency in same, and such description of the offender as may be practicable and the discharge plan developed as required by law. At least fifteen (15) days prior to the release of an offender as described herein, the director of records of the department shall give the written notice which is required pursuant to Section 47-5-177. The offender shall be furnished, if needed, suitable civilian clothes, a Mississippi provisional driver's license issued pursuant to the provisions of this section, a regular driver's license if the offender is eligible, or a state identification card that is not a department-issued identification card and all money held to his credit by any official of the correctional system shall be delivered to him.
The amount of money which an offender is entitled to receive from the State of Mississippi when he is discharged from the state correctional system shall be determined as follows:
(a) If he has
continuously served his sentence in one (1) year or less flat time, he shall be
given * * * Twenty-five Dollars ($25.00).
(b) If he has served
his sentence in more than one (1) year flat time and in less than ten (10)
years flat time, he shall be given * * * Thirty-five
Dollars ($35.00).
(c) If he has continuously served his sentence in ten (10) or more years flat time, he shall be given Seventy-five Dollars ($75.00).
(d) If he has
continuously served his sentence in twenty (20) or more years flat time, he
shall be given * * * One Hundred Fifty Dollars ($150.00).
There shall be given in addition to the above specified monies in subsections (a), (b), (c) and (d), a bus ticket to the county of conviction or to a state line of Mississippi.
SECTION 3. Section 47-7-33.1, Mississippi Code of 1972, is amended as follows:
47-7-33.1. (1) The department shall create a discharge plan for any offender returning to the community, regardless of whether the person will discharge from the custody of the department, or is released on parole, pardon, or otherwise. At least ninety (90) days prior to an offender's earliest release date, the commissioner shall conduct a pre-release assessment and complete a written discharge plan based on the assessment results. The discharge plan for parole eligible offenders shall be sent to the parole board at least thirty (30) days prior to the offender's parole eligibility date for approval. The board may suggest changes to the plan that it deems necessary to ensure a successful transition.
(2) The pre-release assessment shall identify whether an inmate requires assistance obtaining the following basic needs upon release: transportation, clothing and food, financial resources, identification documents, housing, employment, education, health care and support systems. The discharge plan shall include information necessary to address these needs and the steps being taken by the department to assist in this process. Based on the findings of the assessment, the commissioner shall:
(a) Arrange transportation for inmates from the correctional facility to their release destination;
(b) Ensure inmates have clean, seasonally appropriate clothing, and provide inmates with a list of food providers and other basic resources immediately accessible upon release;
(c) Ensure inmates have a provisional driver's license issued pursuant to this act, a regular driver's license if eligible, or a state-issued identification card that is not a Department of Corrections identification card;
(d) Assist inmates in identifying safe, affordable housing upon release. If accommodations are not available, determine whether temporary housing is available for at least ten (10) days after release. If temporary housing is not available, the discharge plan shall reflect that satisfactory housing has not been established and the person may be a candidate for transitional reentry center placement;
(e) Refer inmates without secured employment to employment opportunities;
(f) Provide inmates with contact information of a health care facility/provider in the community in which they plan to reside;
(g) Notify family members of the release date and release plan, if the inmate agrees; and
(h)
Refer inmates to a community or a faith-based organization that can offer
support within the first twenty-four (24) hours of release * * *.
(3) A written discharge plan shall be provided to the offender and supervising probation officer or parole officer, if applicable.
(4) A discharge plan created for a parole-eligible offender shall also include supervision conditions and the intensity of supervision based on the assessed risk to recidivate and whether there is a need for transitional housing. The board shall approve discharge plans before an offender is released on parole pursuant to this chapter.
SECTION 4. This act shall take effect and be in force from and after July 1, 2020.