MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Judiciary, Division B
By: Senator(s) DeBar
AN ACT TO AMEND SECTION 99-15-26, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT CERTAIN OFFENSES BE NONADJUDICATED IF THE CRIMINAL DEFENDANT IS ELIGIBLE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-15-26, Mississippi Code of 1972, is amended as follows:
99-15-26. (1) (a) (i)
Upon the entry of a plea of guilty by a criminal defendant in * * *
any eligible criminal * * *
case, felony * * *
or misdemeanor, the judge
of a circuit or county court * * * must
withhold acceptance of the plea and sentence thereon pending successful
completion of such conditions as may be imposed by the court * * *
under
subsection (2) of this section.
(ii) To be eligible for nonadjudication under this paragraph (a), the crime must be a crime other than crimes against the person, a crime of violence as defined in Section 97-3-2, a violation of Section 97-11-31, or crimes in which a person unlawfully takes, obtains or misappropriates funds received by or entrusted to the person by virtue of his or her public office or employment.
(b) Upon the entry
of a plea of guilty by a criminal defendant in * * * any misdemeanor criminal * * * case other than crimes against the
person, the justice or municipal court * * * must withhold acceptance of the plea
and sentence thereon pending successful completion of such conditions as may be
imposed by the court * * * under subsection (2) of this section.
(c) Notwithstanding paragraph (a) or (b) 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 * * *
another offense,
whether for the same or a different crime. 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 * * * no more than
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 * * *
no
more than 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 found not guilty at trial.
SECTION 2. This act shall take effect and be in force from and after July 1, 2020.