Senate Bill 2273

(As Sent to Governor)

AN ACT TO CREATE A NEW SECTION WITHIN TITLE 47 OF CHAPTER 7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AN OFFENDER'S EMPLOYER TO SUBMIT TIMESHEETS, PROOF OF EMPLOYMENT AND REQUIRED DRUG TESTS TO THE PERSON WHO SUPERVISES AN OFFENDER'S PROBATION OR PAROLE IN LIEU OF IN-PERSON OR ELECTRONIC MEETINGS; TO AUTHORIZE AN OFFENDER'S EMPLOYER TO WITHHOLD STATUTORILY REQUIRED FEES FROM AN OFFENDER'S PAYCHECK AND PAY THE DEPARTMENT OF CORRECTIONS DIRECTLY; TO REQUIRE THE STATE PAROLE BOARD TO COORDINATE WITH THE DEPARTMENT OF CORRECTIONS TO PROMULGATE RULES AND REGULATIONS TO ADMINISTER THIS ACT; TO AMEND SECTION 47-7-36, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO IMPLEMENT CERTAIN RULES AND REGULATIONS REGARDING THE USE OF TECHNOLOGY PORTALS BY THOSE WHO ARE ON PAROLE OR PROBATION AND PROBATION OFFICERS WHO SUPERVISE THOSE WHO ARE ON PAROLE OR PROBATION; TO CONFORM; TO AMEND SECTION 47-7-49, MISSISSIPPI CODE OF 1972, TO EXTEND THE REPEALER ON THE AUTHORITY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO COLLECT MONTHLY FEES FROM OFFENDERS WHO ARE ON PROBATION, PAROLE OR ANY OTHER FIELD SUPERVISION AND TO DEPOSIT THOSE FEES INTO THE COMMUNITY SERVICE REVOLVING FUND; TO CONFORM; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as a new section within Title 47 of Chapter 7, Mississippi Code of 1972:

47-7- . (1) Any employer of an offender may submit weekly time cards, proof of employment and the results of any required drug tests to the person who supervises an individual placed on parole by the Parole Board or placed on probation by the court in lieu of the meeting requirement described in Section 47-7-36.

(2) Any employer may withhold an amount from an offender's paycheck sufficient to cover the fees described in Section 47-7-49 and pay the amount to the department monthly.

(3) This section shall not apply to offenders who are self-employed.

(4) The board shall coordinate with the department to promulgate rules and regulations to administer this act.

SECTION 2. Section 47-7-36, Mississippi Code of 1972, is amended as follows:

47-7-36. (1) Any person who supervises an individual placed on parole by the Parole Board or placed on probation by the court shall set the times and locations for meetings that are required for parole or probation at such times and locations that are reasonably designed to accommodate the work schedule of an individual on parole or probation who is employed by another person or entity.

(2) To effectuate the provisions of this section, the parole officer or probation officer may utilize technology portals such as Skype, FaceTime or Google video chat, or any other technology portal that allows communication between the individual on parole or probation and the parole or probation officer, as applicable, to occur simultaneously in real time by voice and video in lieu of requiring a face-to-face in person meeting of such individual and the parole or probation officer, as applicable. For individuals who are self-employed, the provisions of this * * * ~~section~~ subsection shall only apply with the agreement of their supervising parole or probation officer.

(3) The Department of Corrections shall promulgate rules and regulations to implement the provisions of this section. The rules and regulations promulgated by the department shall include, but are not limited to, minimum standards and guidelines for the authorized technology and how it may be used as well as standards for determining the eligibility and suitability of an individual on parole or probation to meet his or her reporting requirements through the use of such technology. The eligibility and suitability standards shall include consideration of the severity of the individual's underlying criminal conviction and such individual's criminal history, supervision level, and past supervision history.

(4) This section shall not apply to offenders whose employers comply with the requirements of Section 1(1) of this act.

SECTION 3. Section 47-7-49, Mississippi Code of 1972, is amended as follows:

47-7-49. (1) Any offender on probation, parole, earned-release supervision, post-release supervision, earned probation or any other offender under the field supervision of the Community Services Division of the department shall pay to the department the sum of Fifty-five Dollars ($55.00) per month by certified check or money order unless a hardship waiver is granted. An offender shall make the initial payment within sixty (60) days after being released from imprisonment unless a hardship waiver is granted. A hardship waiver may be granted by the sentencing court or the Department of Corrections. A hardship waiver may not be granted for a period of time exceeding ninety (90) days. The commissioner or his designee shall deposit Fifty Dollars ($50.00) of each payment received into a special fund in the State Treasury, which is hereby created, to be known as the Community Service Revolving Fund. Expenditures from this fund shall be made for: (a) the establishment of restitution and satellite centers; and (b) the establishment, administration and operation of the department's Drug Identification Program and the intensive and field supervision program. The Fifty Dollars ($50.00) may be used for salaries and to purchase equipment, supplies and vehicles to be used by the Community Services Division in the performance of its duties. Expenditures for the purposes established in this section may be made from the fund upon requisition by the commissioner, or his designee.

Of the remaining amount, Three Dollars ($3.00) of each payment shall be deposited into the Crime Victims' Compensation Fund created in Section 99-41-29, and Two Dollars ($2.00) shall be deposited into the Training Revolving Fund created pursuant to Section 47-7-51. When a person is convicted of a felony in this state, in addition to any other sentence it may impose, the court may, in its discretion, order the offender to pay a state assessment not to exceed the greater of One Thousand Dollars ($1,000.00) or the maximum fine that may be imposed for the offense, into the Crime Victims' Compensation Fund created pursuant to Section 99-41-29.

Any federal funds made available to the department for training or for training facilities, equipment or services shall be deposited into the Correctional Training Revolving Fund created in Section 47-7-51. The funds deposited in this account shall be used to support an expansion of the department's training program to include the renovation of facilities for training purposes, purchase of equipment and contracting of training services with community colleges in the state.

No offender shall be required to make this payment for a period of time longer than ten (10) years.

(2) The offender may be imprisoned until the payments are made if the offender is financially able to make the payments and the court in the county where the offender resides so finds, subject to the limitations hereinafter set out. The offender shall not be imprisoned if the offender is financially unable to make the payments and so states to the court in writing, under oath, and the court so finds.

(3) An offender's responsibilities under this section may be satisfied by an offender's employer under Section 1(2) of this act.

( * * *34) This section shall stand repealed from and after June 30, * * * ~~2022~~ 2026.

SECTION 4. This act shall take effect and be in force from and after July 1, 2022.