Adopted

AMENDMENT NO 2 PROPOSED TO

Senate Bill No. 2573

BY: Representative Horan

     AMEND by inserting the following language after 173 and by renumbering the succeeding section:

SECTION 5.  (1)  Whenever used in this section, the term:             (a)  "Educational program" means a program of learning recognized by the State Board of Education, Department of Mental Health, Mississippi Department of Corrections, or the sheriff, administrator or director of the work release program.

          (b)  "Rehabilitative program" includes an alcohol and drug treatment program, mental health program, family counseling, community service or other community program approved by the court having jurisdiction over the offender.

          (c)  "Sheriff" means the sheriff of the jurisdiction where the person charged with the criminal offense was convicted and sentenced, provided that the sheriff may designate a deputy sheriff or jail administrator to assign offenders to work release programs under this section.

          (d)  "Mississippi Department of Corrections" means the Commissioner of Mississippi Department of Corrections, provided that the Commissioner or designated deputy commissioner may assign offenders to work release programs administered by Mississippi Prison Industries Corporation under this section.

          (e)  "Work release" means full-time or part-time employment or participation in suitable career and technical education programs.

     (2)  Any court having jurisdiction for the trial of a person charged with a felony offense, except those charges listed in Section 97-3-2 may, if the defendant is convicted and (i) sentenced to confinement in jail, state or regional correctional facility or (ii) being held in jail, state or regional correctional facility pending completion of a presentence report, and if it appears to the court that such offender is a suitable candidate for work release, and such offender volunteers, assign the offender to a work release program under the supervision of the Mississippi Department of Corrections, Mississippi Prison Industries Corporation, sheriff or a program designated by the court.  The court further may authorize the offender to participate in educational or other rehabilitative programs designed to supplement his or her work release employment.  The court shall be notified in writing by the director or administrator of the program to which the offender is assigned of the offender's place of employment and the location of any educational or rehabilitative program in which the offender participates.

     (3)  Any person who has been sentenced to confinement in jail, a state or regional correctional facility or who has been convicted of a felony, except those charges listed in Section 97-3-2, but is confined in jail, a state or regional correctional facility, at the discretion of the Mississippi Department of Corrections and sheriff to a work release program under the supervision of the Mississippi Prison Industries Corporation or sheriff.  The Mississippi Department of Corrections or sheriff may further authorize the offender to participate in educational or other rehabilitative programs as defined in this section designed to supplement his or her work release employment.

     (4)  The court that sentenced the offender shall be notified in writing by the Mississippi Department of Corrections or sheriff of any such assignment and of the offender's place of employment or other rehabilitative program.  The court, in its discretion, may thereafter revoke the authority for such an offender to participate in a work release program.

     (5)  If an offender who has been assigned to such a program by the court is in violation of the rules of the program, the Mississippi Department of Corrections, sheriff or jail administrator may remove the offender from the work release program or the Mississippi Department of Corrections, either temporarily or for the duration of the offender's confinement.  Upon removing an offender from the work release program, the sheriff or jail administrator shall notify in writing the court that sentenced the offender and indicate the specific violations that led to the decision.

     (6)  Any offender assigned to such a program by the court, Mississippi Department of Corrections, or sheriff who, without proper authority or just cause, leaves the area to which he or she has been assigned to work or attend educational or other rehabilitative programs, or leaves the vehicle or route of travel involved in his or her going to or returning from such place, will be guilty of escape as provided in Section 97-9-49.  An offender who is found guilty under this section shall be ineligible for further participation in a work release program during his or her current term of confinement.

     (7)  Any wages earned pursuant to this section by an offender may, upon order of the court, be paid to the Mississippi Prison Industries Corporation, director or administrator of the program after standard payroll deductions required by law.  In the alternative, the offender may, if so approved, maintain an account through Mississippi Prison Industries Corporation or a local financial institution provided the offender provides a physical accounting to the Mississippi Prison Industries Corporation or sheriff, administrator or the court which they were sentenced.  Distribution of wages shall be made for the following purposes:

          (a)  To pay travel and other such expenses made necessary by his or her work release employment or participation in an educational or rehabilitative program;

          (b)  To pay support of dependents or to Mississippi Department of Human Services on behalf of dependents as may be ordered by a judge of competent jurisdiction; and

          (c)  To pay any fines, restitution or costs as ordered by the court to include any fines and fees associated with obtaining a valid driver's license upon release.

     Any balance at the end of his or her sentence shall be paid to the offender upon his or her release.

     AMEND the title on line 9 by adding the following language after the semicolon:

TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, ANY COURT OR SHERIFF TO ASSIGN A NONVIOLENT CONVICTED OFFENDER TO A WORK RELEASE PROGRAM, IF THE OFFENDER IS CONFINED IN JAIL, STATE OR REGIONAL CORRECTIONAL FACILITY; TO PROVIDE THAT THE OFFENDER ASSIGNED TO THE PROGRAM SHALL BE UNDER THE SUPERVISION OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, MISSISSIPPI PRISON INDUSTRIES CORPORATION, THE SHERIFF OR A PROGRAM DESIGNATED BY THE COURT; TO PROVIDE THAT THE OFFENDER MAY BE REMOVED FROM THE PROGRAM IF RULES ARE VIOLATED; TO PROVIDE THAT WAGES EARNED BY THE OFFENDER MAY, UPON ORDER OF THE COURT, BE PAID TO THE DIRECTOR OR ADMINISTRATOR OF THE PROGRAM AFTER STANDARD PAYROLL DEDUCTIONS ARE PAID; TO PROVIDE THAT THE OFFENDER, IF APPROVED, MAY MAINTAIN A BANK ACCOUNT AS LONG AS A PHYSICAL ACCOUNTING IS PROVIDED TO THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, SHERIFF, ADMINISTRATOR OR THE COURT; TO PROVIDE THAT THE OFFENDER'S WAGES MAY BE DISTRIBUTED  TO PAY CERTAIN TRAVEL EXPENSES RELATED TO HIS OR HER EMPLOYMENT, TO PAY CHILD SUPPORT, FINES, RESTITUTION OR COSTS, INCLUDING FEES FOR OBTAINING A DRIVER'S LICENSE UPON RELEASE;