MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Corrections
By: Representative Williams-Barnes
AN ACT TO AMEND SECTION 47-7-17, MISSISSIPPI CODE OF 1972, TO REDUCE FROM AT LEAST 15 DAYS TO 48 HOURS THE TIME PERIOD THAT A VICTIM OF AN OFFENDER, OR THE VICTIM'S FAMILY, MUST BE NOTIFIED BY THE PAROLE BOARD WHEN THE OFFENDER IS TO BE RELEASED BY THE BOARD; TO AMEND SECTION 47-5-177, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO PROVIDE A 48-HOUR NOTICE OF RELEASE, RATHER THAN AN AT LEAST 15-DAY NOTICE, TO CERTAIN LOCAL LAW ENFORCEMENT OFFICIALS WHEN AN OFFENDER IS SCHEDULED FOR RELEASE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-7-17, Mississippi Code of 1972, is amended as follows:
47-7-17. (1) Within one (1) year after his admission and at such intervals thereafter as it may determine, the board shall secure and consider all pertinent information regarding each offender, except any under sentence of death or otherwise ineligible for parole, including the circumstances of his offense, his previous social history, his previous criminal record, including any records of law enforcement agencies or of a youth court regarding that offender's juvenile criminal history, his conduct, employment and attitude while in the custody of the department, the case plan created to prepare the offender for parole, and the reports of such physical and mental examinations as have been made. The board shall furnish at least three (3) months' written notice to each such offender of the date on which he is eligible for parole.
(2) Except as provided in Section
47-7-18, the board shall require a parole-eligible offender to have a hearing as
required in this chapter before the board and to be interviewed. The hearing shall
be held no later than thirty (30) days prior to the month of eligibility. No application
for parole of a person convicted of a capital offense shall be considered by the
board unless and until notice of the filing of such application shall have been
published at least once a week for two (2) weeks in a newspaper published in or
having general circulation in the county in which the crime was committed. The
board shall, within thirty (30) days prior to the scheduled hearing, also give notice
of the filing of the application for parole to the victim of the offense for which
the prisoner is incarcerated and being considered for parole or, in case the offense
be homicide, a designee of the immediate family of the victim, provided the victim
or designated family member has furnished in writing a current address to the board
for such purpose. The victim or designated family member shall be provided an opportunity
to be heard by the board before the board makes a decision regarding release on
parole. The board shall consider whether any restitution ordered has been paid
in full. Parole release shall, at the hearing, be ordered only for the best interest
of society, not as an award of clemency; it shall not be considered to be a reduction
of sentence or pardon. An offender shall be placed on parole only when arrangements
have been made for his proper employment or for his maintenance and care, and when
the board believes that he is able and willing to fulfill the obligations of a law-abiding
citizen. When the board determines that the offender will need transitional housing
upon release in order to improve the likelihood of the offender becoming a law-abiding
citizen, the board may parole the offender with the condition that the inmate spends
no more than six (6) months in a transitional reentry center. * * * The director of records of the department shall give the written
notice which is required pursuant to Section 47-5-177. Every offender while on
parole shall remain in the legal custody of the department from which he was released
and shall be amenable to the orders of the board. Upon determination by the board
that an offender is eligible for release by parole, notice shall also be given within * * * forty-eight (48)
hours before release, by the board to the victim of the offense or the victim's
family member, as indicated above, regarding the date when the offender's release
shall occur, provided a current address of the victim or the victim's family member
has been furnished in writing to the board for such purpose.
(3) Failure to provide notice to the victim or the victim's family member of the filing of the application for parole or of any decision made by the board regarding parole shall not constitute grounds for vacating an otherwise lawful parole determination nor shall it create any right or liability, civilly or criminally, against the board or any member thereof.
(4) A letter of protest against granting an offender parole shall not be treated as the conclusive and only reason for not granting parole.
(5) The board may adopt such other rules not inconsistent with law as it may deem proper or necessary with respect to the eligibility of offenders for parole, the conduct of parole hearings, or conditions to be imposed upon parolees, including a condition that the parolee submit, as provided in Section 47-5-601 to any type of breath, saliva or urine chemical analysis test, the purpose of which is to detect the possible presence of alcohol or a substance prohibited or controlled by any law of the State of Mississippi or the United States. The board shall have the authority to adopt rules related to the placement of certain offenders on unsupervised parole and for the operation of transitional reentry centers. However, in no case shall an offender be placed on unsupervised parole before he has served a minimum of fifty percent (50%) of the period of supervised parole.
SECTION 2. Section 47-5-177, Mississippi Code of 1972, is amended as follows:
47-5-177. * * *
Forty-eight
(48) hours prior to the release of an offender from the custody of the
department because of discharge, parole, pardon, temporary personal leave or
pass, or otherwise, except for sickness or death in the offender's family, the
director of records of the department shall give written or electronic notice
of such release to the sheriff of the county and to the chief of police
of the municipality where the offender was convicted. If the offender is paroled
to a county other than the county of conviction, the director of records shall
give written or electronic notice of the release to the sheriff, district
attorney and circuit judge of the county and to the chief of police of the
municipality where the offender is paroled and to the sheriff of the county and
to the chief of police of the municipality where the offender was convicted.
The department shall notify the parole officer of the county where the offender
is paroled or discharged to probation of any chronic mental disorder incurred
by the offender, of any type of infectious disease for which the offender has
been examined and treated, and of any medications provided to the offender for
such conditions.
The commissioner shall require the director of records to clearly identify the notice of release of an offender who has been convicted of arson at any time. The fact that the offender to be released had been convicted of arson at any time shall appear prominently on the notice of release and the sheriff shall notify all officials who are responsible for investigation of arson within the county of such offender's release and the chief of police shall notify all such officials within the municipality of such offender's release.
SECTION 3. This act shall take effect and be in force from and after July 1, 2022.