MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Corrections
By: Representative Currie
AN ACT TO AMEND SECTION 47-5-8, MISSISSIPPI CODE OF 1972, TO CREATE A DIVISION OF PAROLE WITHIN THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND TO TRANSFER THE PAROLE BOARD TO THE DIVISION OF PAROLE; TO AUTHORIZE THE COMMISSIONER OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO APPOINT A DEPUTY COMMISSIONER OF THE DIVISION OF PAROLE; TO PROVIDE THAT THE DIVISION OF PAROLE SHALL BE RESPONSIBLE FOR ALL OF THE ADMINISTRATIVE AND FISCAL FUNCTIONS OF THE BOARD; TO CREATE NEW SECTION 47-7-5.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DIVISION OF PAROLE SHALL BE RESPONSIBLE FOR ALL OF THE ADMINISTRATIVE AND FISCAL FUNCTIONS OF THE BOARD UNDER CHAPTER 7, TITLE 47, MISSISSIPPI CODE OF 1972; TO REQUIRE THE DIVISION OF PAROLE TO MAINTAIN A CENTRAL REGISTRY OF PAROLED INMATES; TO REQUIRE THE DEPUTY COMMISSIONER OF THE DIVISION OF PAROLE TO HIRE HEARING OFFICERS FOR THE BOARD; TO REQUIRE THE DEPUTY COMMISSIONER OF THE DIVISION OF PAROLE AND THE BOARD TO DEFINE THE SCOPE OF DUTY OF THE HEARING OFFICERS; TO AMEND SECTION 47-7-5, MISSISSIPPI CODE OF 1972, TO PLACE THE PAROLE BOARD WITHIN THE DIVISION OF PAROLE; TO PROHIBIT THE BOARD FROM EXECUTING THE ADMINISTRATIVE OR FISCAL FUNCTIONS OF THE DIVISION OF PAROLE; TO DELETE THE PROVISION THAT GOVERNS THE BUDGET OF THE PAROLE BOARD; TO AUTHORIZE THE BOARD TO CONDUCT ITS ADJUDICATORY DUTIES ELECTRONICALLY AND/OR AT THE DIVISION OF PAROLE'S CENTRAL OFFICE; TO PROVIDE THAT THE ADMINISTRATIVE AND FISCAL DUTIES OF THE BOARD SHALL BE TRANSFERRED TO THE DIVISION OF PAROLE; TO EXTEND THE DATE OF THE AUTOMATIC REPEALER ON THIS SECTION; TO AMEND SECTION 47-7-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SALARIES AND EXPENSES INCURRED UNDER CHAPTER 7, TITLE 47, MISSISSIPPI CODE OF 1972, SHALL BE PAID OUT OF FUNDS APPROPRIATED BY THE LEGISLATURE TO THE DEPARTMENT FOR THE SUPPORT AND MAINTENANCE OF THE BOARD; TO DELETE THE PROVISION THAT THE BOARD SHALL APPROVE ALL ACCOUNTS AND SALARIES; TO AMEND SECTIONS 47-7-2, 47-7-3.1, 47-7-6, 47-7-9, 47-7-13, 47-7-15, 47-7-27, 47-7-38, 25-41-3, 41-29-110 AND 65-1-8, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-5-8, Mississippi Code of 1972, is amended as follows:
47-5-8. (1) There is created the Mississippi Department of Corrections, which shall be under the policy direction of the Governor. The chief administrative officer of the department shall be the Commissioner of Corrections.
(2) (a) There shall be an Executive Deputy Commissioner who shall be directly responsible to the Commissioner of Corrections within the department who shall serve as the Commissioner of Corrections in the absence of the Commissioner and shall assume any and all duties that the Commissioner of Corrections assigns, including, but not limited to, supervising all other deputy commissioners. The salary of the Executive Deputy Commissioner shall not exceed the salary of the Commissioner of Corrections.
(b) There shall be a Division of Administration and Finance within the department, which shall have as its chief administrative officer a Deputy Commissioner for Administration and Finance who shall be appointed by the commissioner, and shall be directly responsible to the commissioner.
(c) There shall be a Division
of Community Corrections within the department, which shall have as its chief administrative
officer a Deputy Commissioner for Community Corrections, who shall be appointed
by the commissioner, and shall be directly responsible to the commissioner. * * *
(d) (i) There shall be a Division of Parole within the department, which shall have as its chief administrative officer a Deputy Commissioner for Parole, who shall be appointed by the commissioner, and shall be directly responsible to the commissioner.
(ii) The Parole Board shall be within the division, and the division shall be responsible for all of the administrative and fiscal functions of the board under Chapter 7, Title 47, Mississippi Code of 1972.
(3) The department shall succeed to the exclusive control of all records, books, papers, equipment and supplies, and all lands, buildings and other real and personal property now or hereafter belonging to or assigned to the use and benefit or under the control of the Mississippi State Penitentiary and the Mississippi Probation and Parole Board, except the records of parole process and revocation and legal matters related thereto, and shall have the exercise and control of the use, distribution and disbursement of all funds, appropriations and taxes now or hereafter in possession, levied, collected or received or appropriated for the use, benefit, support and maintenance of these two (2) agencies except as otherwise provided by law, and the department shall have general supervision of all the affairs of the two (2) agencies herein named except as otherwise provided by law, and the care and conduct of all buildings and grounds, business methods and arrangements of accounts and records, the organization of the administrative plans of each institution, and all other matters incident to the proper functioning of the two (2) agencies.
(4) The commissioner may lease the lands for oil, gas, mineral exploration and other purposes, and contract with other state agencies for the proper management of lands under such leases or for the provision of other services, and the proceeds thereof shall be paid into the General Fund of the state.
SECTION 2. The following shall be codified as Section 47-7-5.1, Mississippi Code of 1972:
47-7-5.1. (1) The Division of Parole shall be responsible for all of the administrative and fiscal functions of the board under this chapter.
(2) (a) The Division of Parole shall maintain a central registry of paroled inmates and shall:
(i) Place the following information on the registry: name, address, photograph, crime for which paroled, the date of the end of parole or flat-time date and other information deemed necessary; and
(ii) Immediately remove information on a parolee at the end of his parole or flat-time date.
(b) When a person is placed on parole, the Division of Parole shall inform the parolee of the duty to report to the parole officer any change in address ten (10) days before changing address.
(c) The Division of Parole shall utilize an Internet website or other electronic means to release or publish the information.
(d) Records maintained on the registry shall be open to law enforcement agencies and the public.
(3) (a) The Deputy Commissioner of the Division of Parole shall hire up to three (3) licensed attorneys to serve as hearing officers for the board.
(b) The Deputy Commissioner of the Division of Parole and the board shall:
(i) Develop policies and procedures for hiring hearing officers in compliance with state law;
(ii) Develop regulations defining the scope of duty and responsibilities of hearing officers; and
(iii) Compose policies addressing any additional relative services that hearing officers may conduct.
(4) Hearing officers shall:
(a) Conduct preliminary hearings on revocations as provided in Section 47-7-27;
(b) Make recommendations to the board for final actions on revocations; and
(c) Fulfill the scope of duty and responsibilities assigned by the Division of Parole and the board under paragraph (b) of this subsection.
SECTION 3. Section 47-7-5, Mississippi Code of 1972, is amended as follows:
47-7-5. (1) (a) The
State Parole Board * * * is hereby created, continued
and reconstituted and shall be composed of five (5) members. The Governor shall
appoint the members with the advice and consent of the Senate. All terms shall
be at the will and pleasure of the Governor. Any vacancy shall be filled by the
Governor, with the advice and consent of the Senate. The Governor shall appoint
a chairman of the board.
(b) On the effective date of this act, the board shall be placed within the Division of Parole within the department.
(2) (a) Any person who is appointed to serve on the board shall possess at least a bachelor's degree or a high school diploma and four (4) years' work experience. Individuals shall be appointed to serve on the board without reference to their political affiliations.
(b) Each member
shall devote his full time to the duties of his office and shall not engage in any
other business or profession or hold any other public office. A member shall receive
compensation or per diem in addition to his or her salary. Each member shall keep
such hours and workdays as required of full-time state employees under Section 25-1-98. * * * Each board member, including
the chairman, may be reimbursed for actual and necessary expenses as authorized
by Section 25-3-41.
(c) (i) Each member of the board shall complete annual training developed based on guidance from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association.
(ii) Each first-time
appointee of the board shall, within sixty (60) days of appointment, or as soon
as practical, complete training for first-time * * * board members developed in consideration
of information from the National Institute of Corrections, the Association of Paroling
Authorities International, or the American Probation and Parole Association.
(3) (a) The board shall:
(i) Have exclusive
responsibility for the granting of parole as provided by Sections 47-7-3 and 47-7-17
and shall have exclusive authority for revocation of the same * * *; and
(ii) Have exclusive responsibility for investigating clemency recommendations upon request of the Governor.
(b) The board shall not execute the administrative or fiscal functions of the Division of Parole created under Section 47-7-5.1.
(4) The board, its members and staff, shall be immune from civil liability for any official acts taken in good faith and in exercise of the board's legitimate governmental authority.
* * *
( * * *5) The board shall have no authority or
responsibility for supervision of offenders granted a release for any reason, including,
but not limited to, probation, parole or executive clemency or other offenders requiring
the same through interstate compact agreements. The supervision shall be provided
exclusively by the staff of the Division of Community Corrections of the department.
( * * *6) (a) The * * * board * * * may instruct the Division of Parole
to * * *
place offenders in an electronic monitoring program under the conditions and criteria
imposed by the * * *
board. The conditions, restrictions and requirements of Section 47-7-17 and Sections
47-5-1001 through 47-5-1015 shall apply to the * * * Division of Parole and any
offender placed in an electronic monitoring program by the * * * Division of Parole.
(b) Any offender placed in an electronic monitoring program under this subsection shall pay the program fee provided in Section 47-5-1013. The program fees shall be deposited in the special fund created in Section 47-5-1007.
(c) The department shall
have absolute immunity from liability for any injury resulting from a determination
by the * * *
board that an offender be placed in an electronic monitoring program.
(7) (a) The board shall be authorized to conduct its adjudicatory duties electronically and/or at the Division of Parole's central office as designated by the department.
(b) The department shall provide the board with the necessary equipment to conduct its duties electronically and shall develop policies and procedures that ensure that the board shall have sufficient space to carry out its duties in a secure and effective manner.
(8) * * *
On
the effective date of this act, the administrative and fiscal
duties of the board shall be transferred to the Division of Parole.
(9) An affirmative vote of at
least four (4) members of the * * * board shall be required to grant parole
to an inmate convicted of capital murder or a sex crime.
(10) This section shall stand
repealed on July 1, * * *
2026.
SECTION 4. Section 47-7-11, Mississippi Code of 1972, is amended as follows:
SECTION 5. Section 47-7-2, Mississippi Code of 1972, is amended as follows:
47-7-2. For purposes of this chapter, the following words shall have the meaning ascribed herein unless the context shall otherwise require:
(a) "Adult" means a person who is seventeen (17) years of age or older, or any person convicted of any crime not subject to the provisions of the youth court law, or any person "certified" to be tried as an adult by any youth court in the state.
(b) "Board" means the State Parole Board within the Division of Parole within the Mississippi Department of Corrections.
(c) "Parole case plan" means an individualized, written accountability and behavior change strategy developed by the department in collaboration with the Parole Board to prepare offenders for release on parole at the parole eligibility date. The case plan shall focus on the offender's criminal risk factors that, if addressed, reduce the likelihood of reoffending.
(d) "Commissioner" means the Commissioner of
Corrections.
(e) "Correctional system" means the facilities, institutions, programs and personnel of the department utilized for adult offenders who are committed to the custody of the department.
(f) "Criminal risk factors" means characteristics that increase a person's likelihood of reoffending. These characteristics include: antisocial behavior; antisocial personality; criminal thinking; criminal associates; dysfunctional family; low levels of employment or education; poor use of leisure and recreation; and substance abuse.
(g) "Department" means the Mississippi Department of Corrections.
(h) "Detention" means the temporary care of juveniles and adults who require secure custody for their own or the community's protection in a physically restricting facility prior to adjudication, or retention in a physically restricting facility upon being taken into custody after an alleged parole or probation violation.
(i) "Discharge plan" means an individualized written document that provides information to support the offender in meeting the basic needs identified in the pre-release assessment. This information shall include, but is not limited to: contact names, phone numbers, and addresses of referrals and resources.
(j) "Evidence-based practices" means supervision policies, procedures, and practices that scientific research demonstrates reduce recidivism.
(k) "Facility" or "institution" means any facility for the custody, care, treatment and study of offenders which is under the supervision and control of the department.
(l) "Hearing officer" means the attorney or attorneys hired by the Deputy Commissioner of the Division of Parole under Section 47-7-5.1.
( * * *m) "Juvenile,"
"minor" or "youthful" means a person less than seventeen (17)
years of age.
( * * *n) "Offender" means any
person convicted of a crime or offense under the laws and ordinances of the
state and its political subdivisions.
( * * *o) "Pre-release assessment"
means a determination of an offender's ability to attend to basic needs,
including, but not limited to, transportation, clothing and food, financial
resources, personal identification documents, housing, employment, education,
and health care, following release.
( * * *p) "Special meetings" means
those meetings called by the chairman with at least twenty-four (24) hours'
notice or a unanimous waiver of notice.
( * * *q) "Supervision plan" means
a plan developed by the community corrections department to manage offenders on
probation and parole in a way that reduces the likelihood they will commit a
new criminal offense or violate the terms of supervision and that increases the
likelihood of obtaining stable housing, employment and skills necessary to
sustain positive conduct.
( * * *r) "Technical violation" means
an act or omission by the probationer that violates a condition or conditions
of probation placed on the probationer by the court or the probation officer.
( * * *s) "Transitional reentry
center" means a state-operated or state-contracted facility used to house
offenders leaving the physical custody of the Department of Corrections on
parole, probation or post-release supervision who are in need of temporary
housing and services that reduce their risk to reoffend.
( * * *t) "Unit of local
government" means a county, city, town, village or other general purpose
political subdivision of the state.
( * * *u) "Risk and needs
assessment" means the determination of a person's risk to reoffend using
an actuarial assessment tool validated on Mississippi corrections populations
and the needs that, when addressed, reduce the risk to reoffend.
SECTION 6. Section 47-7-3.1, Mississippi Code of 1972, is amended as follows:
47-7-3.1. (1) In consultation with the Parole Board, the department shall develop a case plan for all parole-eligible inmates to guide an inmate's rehabilitation while in the department's custody and to reduce the likelihood of recidivism after release.
(2) The case plan shall include, but not be limited to:
(a) Programming and treatment requirements based on the results of a risk and needs assessment;
(b) Any programming or treatment requirements contained in the sentencing order; and
(c) General behavior requirements in accordance with the rules and policies of the department.
(3) With respect to parole-eligible inmates admitted to the department's custody on or after July 1, 2021, the department shall complete the case plan within ninety (90) days of admission. With respect to parole-eligible inmates admitted to the department's custody before July 1, 2021, the department shall complete the case plan by January 1, 2022.
(4) The department shall provide the inmate with a written copy of the case plan and the inmate's caseworker shall explain the conditions set forth in the case plan.
(a) Within ninety (90) days of admission, the caseworker shall notify the inmate of their parole eligibility date as calculated in accordance with Section 47-7-3(3);
(b) At the time a parole-eligible inmate receives the case plan, the department shall send the case plan to the Parole Board for approval.
(5) With respect to parole-eligible inmates admitted to the department's custody after July 1, 2021, the department shall ensure that the case plan is achievable prior to the inmate's parole eligibility date. With respect to parole-eligible inmates admitted to the department's custody before July 1, 2021, the department shall, to the extent possible, ensure that the case plan is achievable prior to the inmate's parole eligibility date or next parole hearing date, or date of release, whichever is sooner.
(6) The caseworker shall meet with the inmate every eight (8) weeks from the date the offender received the case plan to review the inmate's case plan progress.
(7) Every four (4) months the department shall electronically submit a progress report on each parole-eligible inmate's case plan to the Parole Board. The board may meet to review an inmate's case plan and may provide written input to the caseworker on the inmate's progress toward completion of the case plan.
(8) The * * * Division of Parole shall provide
semiannually to the Oversight Task Force the number of parole hearings held, the
number of prisoners released to parole without a hearing and the number of parolees
released after a hearing.
(9) If the Department of Corrections fails to adequately provide opportunity and access for the completion of such case plans, the Department of Corrections shall, to the extent possible, contract with regional jail facilities that offer educational development and job-training programs to facilitate the fulfillment of the case plans of parole-eligible inmates.
SECTION 7. Section 47-7-6, Mississippi Code of 1972, is amended as follows:
47-7-6. (1)
The * * * Division of
Parole shall collect the following information:
(a) The number of offenders supervised on parole;
(b) The number of offenders released on parole;
(c) The number of parole hearings held;
(d) The parole grant rate for parolees released with and without a hearing;
(e) The average length of time offenders spend on parole;
(f) The number and percentage of parolees revoked for a technical violation and returned for a term of imprisonment in a technical violation center;
(g)
The number and percentage of parolees revoked for a technical violation and
returned for a term of imprisonment in another type of Department of Corrections * * * facility;
(h) The number and percentage of parolees who are convicted of a new offense and returned for a term of imprisonment on their current crime as well as the new crime;
(i) The number of parolees held on a violation in county jail awaiting a revocation hearing; and
(j) The average length of stay in a county jail for parolees awaiting a revocation hearing.
(2) The * * * Division of Parole shall
semiannually report information required in subsection (1) of this section
to the Oversight Task Force, and upon request, shall report such information to
the PEER Committee.
SECTION 8. Section 47-7-9, Mississippi Code of 1972, is amended as follows:
47-7-9. (1) The circuit judges and county judges in the districts to which Division of Community Corrections personnel have been assigned shall have the power to request of the department transfer or removal of the division personnel from their court.
(2) (a) Division of Community Corrections' personnel shall investigate all cases referred to them for investigation by the board, the Division of Community Corrections or by any court in which they are authorized to serve. They shall furnish to each person released under their supervision a written statement of the conditions of probation, parole, earned-release supervision, post-release supervision or suspension and shall instruct the person regarding the same. They shall administer a risk and needs assessment on each person under their supervision to measure criminal risk factors and individual needs. They shall use the results of the risk and needs assessment to guide supervision responses consistent with evidence-based practices as to the level of supervision and the practices used to reduce recidivism. They shall develop a supervision plan for each person assessed as moderate to high risk to reoffend. They shall keep informed concerning the conduct and conditions of persons under their supervision and use all suitable methods that are consistent with evidence-based practices to aid and encourage them and to bring about improvements in their conduct and condition and to reduce the risk of recidivism. They shall keep detailed records of their work and shall make such reports in writing as the court or the board may require.
(b) Division of Community Corrections' personnel shall complete annual training on evidence-based practices and criminal risk factors, as well as instructions on how to target these factors to reduce recidivism.
(c) The Division of Community Corrections' personnel duly assigned to court districts are hereby vested with all the powers of police officers or sheriffs to make arrests or perform any other duties required of policemen or sheriffs which may be incident to the Division of Community Corrections' personnel responsibilities. All probation and parole officers hired on or after July 1, 1994, will be placed in the Law Enforcement Officers Training Program and will be required to meet the standards outlined by that program.
(d) It is the intention of the Legislature that insofar as practicable the case load of each Division of Community Corrections' personnel supervising offenders in the community (hereinafter field supervisor) shall not exceed the number of cases that may be adequately handled.
(3) (a) Division of Community Corrections' personnel shall be provided to perform investigation for the court as provided in this subsection. Division of Community Corrections' personnel shall conduct presentence investigations on all persons convicted of a felony in any circuit court of the state, prior to sentencing and at the request of the circuit court judge of the court of conviction. The presentence evaluation report shall consist of a complete record of the offender's criminal history, educational level, employment history, psychological condition and such other information as the department or judge may deem necessary. Division of Community Corrections' personnel shall also prepare written victim impact statements at the request of the sentencing judge as provided in Section 99-19-157.
(b) In order that offenders in the custody of the department on July 1, 1976, may benefit from the kind of evaluations authorized in this section, an evaluation report to consist of the information required hereinabove, supplemented by an examination of an offender's record while in custody, shall be compiled by the Division of Community Corrections upon all offenders in the custody of the department on July 1, 1976. After a study of such reports by the State Parole Board those cases which the board believes would merit some type of executive clemency shall be submitted by the board to the Governor with its recommendation for the appropriate executive action.
(c) The department is authorized to accept gifts, grants and subsidies to conduct this activity.
SECTION 9. Section 47-7-13, Mississippi Code of 1972, is amended as follows:
47-7-13. A majority of the
board shall constitute a quorum for the transaction of all business. A
decision to parole an offender convicted of murder or a sex-related crime shall
require the affirmative vote of three (3) members. The board with the assistance
of the Division of Parole shall maintain, in minute book form, a copy of
each of its official actions with the reasons therefor. Suitable and
sufficient office space and support resources and staff necessary to conducting
Parole Board business shall be provided by the Department of Corrections. * * *
SECTION 10. Section 47-7-15, Mississippi Code of 1972, is amended as follows:
47-7-15. The board shall adopt an official seal of which the courts shall take judicial notice. Decisions of the board shall be made by majority vote, except as provided in Section 47-7-5(9).
The board, with the assistance
of the Division of Parole shall keep a record of its acts and shall notify each
institution of its decisions relating to the persons who are or have been confined
therein. At the close of each fiscal year the * * * Division of Parole shall submit to
the Governor and to the Legislature a report with statistical and other data of
its work.
SECTION 11. 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 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 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, * * * a hearing officer 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.
(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. 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.
(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. 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. 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 * * * Division of Parole 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 12. 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 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 Section 47-7-2.
(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 * * * Division of Parole when a
parolee has committed a technical violation of the type of violation and the
sanction imposed. When the technical violation is an arrest for a new criminal
offense, the field officer shall notify the court 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 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 13. Section 25-41-3, Mississippi Code of 1972, is amended as follows:
25-41-3. For purposes of this chapter, the following words shall have the meaning ascribed herein, to wit:
(a) "Public body" means any executive or administrative board, commission, authority, council, department, agency, bureau or any other policymaking entity, or committee thereof, of the State of Mississippi, or any political subdivision or municipal corporation of the state, whether the entity be created by statute or executive order, which is supported wholly or in part by public funds or expends public funds, and any standing, interim or special committee of the Mississippi Legislature. The term "public body" includes the governing board of a charter school authorized by the Mississippi Charter School Authorizer Board and the board of trustees of a community hospital as defined in Section 41-13-10. The term "public body" includes the Mississippi Lottery Corporation. There shall be exempted from the provisions of this chapter:
(i) The judiciary, including all jury deliberations;
(ii) Law enforcement officials;
(iii) The military;
(iv) The State Probation and Parole Board and the hearing officers of the Division of Parole within the Mississippi Department of Corrections;
(v) The Workers' Compensation Commission;
(vi) Legislative subcommittees and legislative conference committees;
(vii) The arbitration council established in Section 69-3-19;
(viii) License revocation, suspension and disciplinary proceedings held by the Mississippi State Board of Dental Examiners; and
(ix) Hearings and meetings of the Board of Tax Appeals and of the hearing officers and the board of review of the Department of Revenue as provided in Section 27-77-15.
(b) "Meeting" means an assemblage of members of a public body at which official acts may be taken upon a matter over which the public body has supervision, control, jurisdiction or advisory power, including an assemblage through the use of video or teleconference devices that conforms to Section 25-41-5.
SECTION 14. Section 41-29-110, Mississippi Code of 1972, is amended as follows:
41-29-110. The Mississippi Bureau of
Narcotics is hereby authorized and empowered to request and to accept the use
of persons convicted of an offense, whether a felony or a misdemeanor, for work
in support of the bureau. The bureau is authorized to enter into any agreements
with the Department of Corrections * * * any criminal court of this state, and any other proper official
regarding the working, guarding, safekeeping, clothing and subsistence of such persons
performing work for the Mississippi Bureau of Narcotics. Such persons shall
not be deemed agents, employees or involuntary servants of the bureau while
performing such work or while going to and from work or other specified areas.
SECTION 15. Section 65-1-8, Mississippi Code of 1972, is amended as follows:
65-1-8. (1) The Mississippi Transportation Commission shall have the following general powers, duties and responsibilities:
(a) To coordinate and develop a comprehensive, balanced transportation policy for the State of Mississippi;
(b) To promote the coordinated and efficient use of all available and future modes of transportation;
(c) To make recommendations to the Legislature regarding alterations or modifications in any existing transportation policies;
(d) To study means of encouraging travel and transportation of goods by the combination of motor vehicle and other modes of transportation;
(e) To take such actions as are necessary and proper to discharge its duties pursuant to the provisions of Chapter 496, Laws of 1992, and any other provision of law;
(f) To receive and provide for the expenditure of any funds made available to it by the Legislature, the federal government or any other source.
(2) In addition to the general powers, duties and responsibilities listed in subsection (1) of this section, the Mississippi Transportation Commission shall have the following specific powers:
(a) To make rules and regulations whereby the Transportation Department shall change or relocate any and all highways herein or hereafter fixed as constituting a part of the state highway system, as may be deemed necessary or economical in the construction or maintenance thereof; to acquire by gift, purchase, condemnation or otherwise, land or other property whatsoever that may be necessary for a state highway system as herein provided, with full consideration to be given to the stimulation of local public and private investment when acquiring such property in the vicinity of Mississippi towns, cities and population centers;
(b) To enforce by mandamus, or other proper legal remedies, all legal rights or rights of action of the Mississippi Transportation Commission with other public bodies, corporations or persons;
(c) To make and publish rules, regulations and ordinances for the control of and the policing of the traffic on the state highways, and to prevent their abuse by any or all persons, natural or artificial, by trucks, tractors, trailers or any other heavy or destructive vehicles or machines, or by any other means whatsoever, by establishing weights of loads or of vehicles, types of tires, width of tire surfaces, length and width of vehicles, with reasonable variations to meet approximate weather conditions, and all other proper police and protective regulations, and to provide ample means for the enforcement of same. The violation of any of the rules, regulations or ordinances so prescribed by the commission shall constitute a misdemeanor. No rule, regulation or ordinance shall be made that conflicts with any statute now in force or which may hereafter be enacted, or with any ordinance of municipalities. A monthly publication giving general information to the boards of supervisors, employees and the public may be issued under such rules and regulations as the commission may determine;
(d) To give suitable numbers to highways and to change the number of any highway that shall become a part of the state highway system. However, nothing herein shall authorize the number of any highway to be changed so as to conflict with any designation thereof as a U.S. numbered highway. Where, by a specific act of the Legislature, the commission has been directed to give a certain number to a highway, the commission shall not have the authority to change such number;
(e) (i) To make proper and reasonable rules, regulations, and ordinances for the placing, erection, removal or relocation of telephone, telegraph or other poles, signboards, fences, gas, water, sewerage, oil or other pipelines, and other obstructions that may, in the opinion of the commission, contribute to the hazards upon any of the state highways, or in any way interfere with the ordinary travel upon such highways, or the construction, reconstruction or maintenance thereof, and to make reasonable rules and regulations for the proper control thereof. Any violation of such rules or regulations or noncompliance with such ordinances shall constitute a misdemeanor;
(ii) Except as otherwise provided for in this paragraph, whenever the order of the commission shall require the removal of, or other changes in the location of telephone, telegraph or other poles, signboards, gas, water, sewerage, oil or other pipelines; or other similar obstructions on the right-of-way or such other places where removal is required by law, the owners thereof shall at their own expense move or change the same to conform to the order of the commission. Any violation of such rules or regulations or noncompliance with such orders shall constitute a misdemeanor;
(iii) Rural water districts, rural water systems, nonprofit water associations and municipal public water systems in municipalities with a population of ten thousand (10,000) or less, according to the latest federal decennial census, shall not be required to bear the cost and expense of removal and relocation of water and sewer lines and facilities constructed or in place in the rights-of-way of state highways. The cost and expense of such removal and relocation, including any unpaid prior to July 1, 2002, shall be paid by the Department of Transportation;
(iv) Municipal public sewer systems and municipal gas systems owned by municipalities with a population of ten thousand (10,000) or less, according to the latest federal decennial census, shall not be required to bear the cost and expense of removal and relocation of lines and facilities constructed or in place in the rights-of-way of state highways. The cost and expense of such removal and relocation, including any unpaid prior to July 1, 2003, shall be paid by the Department of Transportation;
(f) To regulate and abandon grade crossings on any road fixed as a part of the state highway system, and whenever the commission, in order to avoid a grade crossing with the railroad, locates or constructs said road on one side of the railroad, the commission shall have the power to abandon and close such grade crossing, and whenever an underpass or overhead bridge is substituted for a grade crossing, the commission shall have power to abandon such grade crossing and any other crossing adjacent thereto. Included in the powers herein granted shall be the power to require the railroad at grade crossings, where any road of the state highway system crosses the same, to place signal posts with lights or other warning devices at such crossings at the expense of the railroad, and to regulate and abandon underpass or overhead bridges and, where abandoned because of the construction of a new underpass or overhead bridge, to close such old underpass or overhead bridge, or, in its discretion, to return the same to the jurisdiction of the county board of supervisors;
(g) To make proper and reasonable rules and regulations to control the cutting or opening of the road surfaces for subsurface installations;
(h) To make proper and reasonable rules and regulations for the removal from the public rights-of-way of any form of obstruction, to cooperate in improving their appearance, and to prescribe minimum clearance heights for seed conveyors, pipes, passageways or other structure of private or other ownership above the highways;
(i) To establish, and have the Transportation Department maintain and operate, and to cooperate with the state educational institutions in establishing, enlarging, maintaining and operating a laboratory or laboratories for testing materials and for other proper highway purposes;
(j) To provide, under the direction and with the approval of the Department of Finance and Administration, suitable offices, shops and barns in the City of Jackson;
(k) To establish and have enforced set-back regulations;
(l) To cooperate with proper state authorities in producing limerock for highway purposes and to purchase same at cost;
(m) To provide for the purchase of necessary equipment and vehicles and to provide for the repair and housing of same, to acquire by gift, purchase, condemnation or otherwise, land or lands and buildings in fee simple, and to authorize the Transportation Department to construct, lease or otherwise provide necessary and proper permanent district offices for the construction and maintenance divisions of the department, and for the repair and housing of the equipment and vehicles of the department; however, in each Supreme Court district only two (2) permanent district offices shall be set up, but a permanent status shall not be given to any such offices until so provided by act of the Legislature and in the meantime, all shops of the department shall be retained at their present location. As many local or subdistrict offices, shops or barns may be provided as is essential and proper to economical maintenance of the state highway system;
(n) To cooperate with the Department of Archives and History in having placed and maintained suitable historical markers, including those which have been approved and purchased by the State Historical Commission, along state highways, and to have constructed and maintained roadside driveways for convenience and safety in viewing them when necessary;
(o) To cooperate, in its discretion, with the Mississippi Department of Wildlife, Fisheries and Parks in planning and constructing roadside parks upon the right-of-way of state highways, whether constructed, under construction, or planned; said parks to utilize where practical barrow pits used in construction of state highways for use as fishing ponds. Said parks shall be named for abundant flora and fauna existing in the area or for the first flora or fauna found on the site;
(p) Unless otherwise prohibited by law, to make such contracts and execute such instruments containing such reasonable and necessary appropriate terms, provisions and conditions as in its absolute discretion it may deem necessary, proper or advisable, for the purpose of obtaining or securing financial assistance, grants or loans from the United States of America or any department or agency thereof, including contracts with several counties of the state pertaining to the expenditure of such funds;
(q) To cooperate with the Federal Highway Administration in the matter of location, construction and maintenance of the Great River Road, to expend such funds paid to the commission by the Federal Highway Administration or other federal agency, and to authorize the Transportation Department to erect suitable signs marking this highway, the cost of such signs to be paid from state highway funds other than earmarked construction funds;
(r) To cooperate, in
its discretion, with the Mississippi Forestry Commission and the School of
Forestry, Mississippi State University, in a forestry management program,
including planting, thinning, cutting and selling, upon the right-of-way of any
highway, constructed, acquired or maintained by the * * * Department of Transportation,
and to sell and dispose of any and all growing timber standing, lying or being
on any right-of-way acquired by the commission for highway purposes in the future;
such sale or sales to be made in accordance with the sale of personal property
which has become unnecessary for public use as provided for in Section 65-1-123,
Mississippi Code of 1972;
(s) To expend funds in cooperation with the Division of Plant Industry, Mississippi Department of Agriculture and Commerce, the United States government or any department or agency thereof, or with any department or agency of this state, to control, suppress or eradicate serious insect pests, rodents, plant parasites and plant diseases on the state highway rights-of-way;
(t) To provide for the placement, erection and maintenance of motorist services business signs and supports within state highway rights-of-way in accordance with current state and federal laws and regulations governing the placement of traffic control devices on state highways, and to establish and collect reasonable fees from the businesses having information on such signs;
(u) To request and to
accept the use of persons convicted of an offense, whether a felony or a
misdemeanor, for work on any road construction, repair or other project of the
Transportation Department. The commission is also authorized to request and to
accept the use of persons who have not been convicted of an offense but who are
required to fulfill certain court-imposed conditions pursuant to Section 41-29-150(d)(1)
or 99-15-26, Mississippi Code of 1972, or the Pretrial Intervention Act, being
Sections 99-15-101 through 99-15-127, Mississippi Code of 1972. The commission
is authorized to enter into any agreements with the Department of Corrections, * * * any criminal court of
this state, and any other proper official regarding the working, guarding,
safekeeping, clothing and subsistence of such persons performing work for the
Transportation Department. Such persons shall not be deemed agents, employees
or involuntary servants of the Transportation Department while performing such
work or while going to and from work or other specified areas;
(v) To provide for the administration of the railroad revitalization program pursuant to Section 57-43-1 et seq.;
(w) The Mississippi Transportation Commission is further authorized, in its discretion, to expend funds for the purchase of service pins for employees of the Mississippi Transportation Department;
(x) To cooperate with
the * * * Department of Revenue by providing for weight
enforcement field personnel to collect and assess taxes, fees and penalties and
to perform all duties as required pursuant to Section 27-55-501 et seq.,
Sections 27-19-1 et seq., 27-55-1 et seq., 27-59-1 et seq. and 27-61-1 et seq.,
Mississippi Code of 1972, with regard to vehicles subject to the jurisdiction
of the Office of Weight Enforcement. All collections and assessments shall be
transferred daily to the * * * State Tax Commission Department of Revenue;
(y) The Mississippi Transportation Commission may delegate the authority to enter into a supplemental agreement to a contract previously approved by the commission if the supplemental agreement involves an additional expenditure not to exceed One Hundred Thousand Dollars ($100,000.00);
(z) (i) The Mississippi Transportation Commission, in its discretion, may enter into agreements with any county, municipality, county transportation commission, business, corporation, partnership, association, individual or other legal entity, for the purpose of accelerating the completion date of scheduled highway construction projects.
(ii) Such an agreement may permit the cost of a highway construction project to be advanced to the commission by a county, municipality, county transportation commission, business, corporation, partnership, association, individual or other legal entity, and repaid to such entity by the commission when highway construction funds become available; provided, however, that repayment of funds advanced to the Mississippi Transportation Commission shall be made no sooner than the commission's identified projected revenue schedule for funding of that particular construction project, and no other scheduled highway construction project established by statute or by the commission may be delayed by an advanced funding project authorized under this paragraph (z). Repayments to a private entity that advances funds to the Mississippi Transportation Commission under this paragraph (z) may not include interest or other fees or charges, and the total amount repaid shall not exceed the total amount of funds advanced to the commission by the entity.
(iii) In considering whether to enter into such an agreement, the commission shall consider the availability of financial resources, the effect of such agreement on other ongoing highway construction, the urgency of the public's need for swift completion of the project and any other relevant factors.
(iv) Such an agreement shall be executed only upon a finding by the commission, spread upon its minutes, that the acceleration of the scheduled project is both feasible and beneficial. The commission shall also spread upon its minutes its findings with regard to the factors required to be considered pursuant to subparagraph (iii) of this paragraph (z);
(aa) The Mississippi Transportation Commission, in its discretion, may purchase employment practices liability insurance, and may purchase an excess policy to cover catastrophic losses incurred under the commission's self-insured workers' compensation program authorized under Section 71-3-5. Such policies shall be written by the agent or agents of a company or companies authorized to do business in the State of Mississippi. The deductibles shall be in an amount deemed reasonable and prudent by the commission, and the premiums thereon shall be paid from the State Highway Fund. Purchase of insurance under this paragraph shall not serve as an actual or implied waiver of sovereign immunity or of any protection afforded the commission under the Mississippi Tort Claims Act;
(bb) The Mississippi Transportation Commission is further authorized, in its discretion, to expend funds for the purchase of promotional materials for safety purposes, highway beautification purposes and recruitment purposes;
(cc) To lease antenna space on communication towers which it owns;
(dd) To receive funds from the Southeastern Association of Transportation Officials and from other nonstate sources and expend those funds for educational scholarships in transportation related fields of study. The commission may adopt rules or regulations as necessary for the implementation of the program. A strict accounting shall be made of all funds deposited with the commission and all funds dispersed.
SECTION 16. This act shall take effect and be in force from and after July 1, 2022.