MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Corrections; Judiciary, Division B
By: Senator(s) Barnett, Simmons (12th), Turner-Ford, Simmons (13th), Sparks, Jackson (11th)
AN ACT TO CREATE A PILOT REENTRY COURT; TO ESTABLISH A REHABILITATION AND WORKFORCE DEVELOPMENT PROGRAM AT THE MISSISSIPPI DEPARTMENT OF CORRECTIONS; TO AUTHORIZE THE JUDGE PRESIDING OVER THE PILOT REENTRY COURT AT THE TIME OF INITIAL SENTENCING OF ANY SECOND OR SUBSEQUENT OFFENDER TO RECOMMEND THE OFFENDER BE PLACED IN THE REHABILITATION AND WORKFORCE DEVELOPMENT PROGRAM FOR A PERIOD OF NO MORE THAN Three YEARS AFTER THE INITIAL SENTENCING; TO RECONSIDER THE SENTENCE AND PLACE THE OFFENDER ON POST-RELEASE SUPERVISION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This act shall be known as the "Reentry Court Act of 2021."
(2) The Mississippi Department of Corrections shall establish a rehabilitation and workplace development program that can be completed in no more than three (3) years.
(3) The Senior Circuit Court Judge of the First, Seventh, and Fifteenth Circuit Court Districts may establish a pilot reentry division in the district. Any reentry division of the court and sentencing program shall work in conjunction with the Mississippi Department of Corrections and the Mississippi Intervention Court Commission to establish best practices for the court including standards for suitability. Any person placed in the reentry court shall be counted in determining funding allocations to the court from the Administrative Office of Courts.
(4) Participation in the workforce development sentencing program as authorized by the provisions of this section shall be subject to the certain provisions. The court may recommend that a defendant who has been previously convicted of one or more felony offenses in this state or any other state or federal court participate in the workforce development sentencing program if all of the following criteria are satisfied:
(a) The defendant meets the eligibility and suitability requirements for participation in the Offender Rehabilitation and Workforce Development Program;
(b) The court determines that it is in the best interest of the community and in the interest of justice that the defendant be sentenced to the Offender Rehabilitation and Workforce Development Program;
(c) The defendant is not sentenced to a term of incarceration which exceeds twenty (20) years;
(d) The defendant shall not have any prior felony convictions for any offenses defined as a sex offense in Section 45-33-23;
(e) The crime before the court shall not be a crime of violence as listed in Section 97-3-2, except house burglary under Section 97-17-23(1);
(f) The defendant cannot be sentenced in the present charge as a habitual offender pursuant to Section 99-19-81 or 99-19-83;
(g) Other criminal proceedings alleging commission of a crime of violence as listed in Section 97-3-2, except house burglary under Section 97-17-23(1), shall not be pending against the defendant; and
(h) The crime before the court shall not be a charge of any crime that resulted in the death of a person.
(5) Upon a determination that the defendant meets the eligibility and suitability criteria provided for in subsection (4) of this section, the court shall advise the defendant that he may be eligible for enrollment in the workforce development sentencing program.
(6) Prior to sentence, the court shall contact the Department of Corrections Reentry Services to determine if there is adequate capacity for enrollment or if bed space is available.
(7) In offering a defendant the opportunity to request the program, the court shall advise the defendant of the following:
(a) If the defendant is eligible to participate in the workforce development sentencing program, the defendant shall waive the right to a trial. The defendant shall enter a plea of guilty to the charge with the stipulation that the defendant shall be sentenced to custody of the Department of Corrections to participate in the Offender Rehabilitation and Workforce Development Program, and, after successful completion of that program, the court shall suspend the remainder of his or her sentence and place him or her on probation under the intensive supervision of the reentry division of court.
(b) The court may impose any conditions reasonably related to the rehabilitation of the defendant, including ordering the defendant to participate and complete a substance abuse treatment program.
(c) A defendant who is placed under the supervision of the reentry division of court may be ordered to pay the cost of any assessments, substance abuse tests, and treatment programs to which he or she is assigned and the cost of any additional supervision that may be required, to the extent of his financial resources, as determined by the reentry division of court as guided by Section 99-19-20.1(1).
(d) Notwithstanding any provision of law to the contrary, any offender sentenced under this section shall not be eligible for parole pursuant to Section 47-7-3, nor earn "good time" pursuant to Section 47-5-138, 47-5-138.1, 47-5-139 or 47-5-142 while in the program.
(8) The defendant shall agree to participation in the workforce development sentencing program.
(9) The judge shall consider the following factors in determining whether workforce development sentencing is in the interest of justice and of benefit to the defendant and the community:
(a) The nature of the crime charged and the circumstances surrounding the crime;
(b) Any special characteristics or circumstances of the defendant;
(c) Whether there is a probability that the defendant will cooperate with and benefit from the workforce development sentencing program;
(d) Whether the available workforce development sentencing program is appropriate to meet the needs of the defendant;
(e) The impact of the defendant's sentencing upon the community;
(f) Recommendations, if any, of the district attorney;
(g) Recommendations, if any, of the involved law enforcement agency;
(h) Recommendations, if any, of the victim;
(i) Provisions for and the likelihood of obtaining restitution from the defendant;
(j) Any mitigating circumstances; and
(k) Any other circumstances reasonably related to the defendant's case.
(10) If the judge determines that the defendant shall be enrolled in the workforce development sentencing program, the court shall accept the defendant's guilty plea and sentence the defendant to the custody of the Department of Corrections for a term of years subject to participation in the Offender Rehabilitation and Workforce Development Program under the terms and conditions of the workforce development sentencing program.
(11) If the judge determines that the defendant is not qualified for enrollment, the judge shall state for the record the reasons for that determination.
(12) If the defendant successfully completes the Offender Rehabilitation and Workforce Development Program and successfully completes all other requirements of the workforce development sentencing program, the court, notwithstanding any provision of Section 47-7-33 or 47-7-47 to the contrary, shall suspend the remainder of his sentence and place the person on probation for not more than three (3) years under the intensive supervision of the reentry division of court. If the defendant fails to complete the program, the court shall order the defendant to serve all or part of the remainder of the sentence. The Department of Corrections shall not grant any "good time credits" for the time served prior to the resentencing nor shall the time in the program be used to calculate a parole eligibility date.
(13) If the defendant violates any condition of his reentry probation, the court may revoke the probation and order the defendant to serve all or part of the sentence previously imposed and suspended, unless the violation is a technical violation and then the court may impose a sentence of not more than ninety (90) days to be served at the Technical Violation Center. The term of the revocation for a technical violation shall begin on the date the court orders the revocation. Upon completion of the imposed sentence for the technical revocation, the defendant shall return to active supervised probation for a period equal to the remainder of the original period of probation subject to any additional conditions imposed by the court.
(14) This section shall stand repealed on July 1, 2024.
SECTION 2. The Joint Legislative Committee on Performance Evaluation and Expenditure Review shall conduct a review of all reentry court programs active after three (3) years and produce a report to the Legislature on their effectiveness by December 1, 2024. The PEER Committee may seek the assistance of the Administrative Office of Courts or any other criminal justice experts it deems necessary during its review.
SECTION 3. This act shall take effect and be in force from and after July 1, 2021.