House Bill 1429

AN ACT TO AMEND SECTION 47-7-40, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN OFFENDER WHO IS ON PROBATION AND PAROLE MAY BE AWARDED EARNED-DISCHARGE CREDIT IF HE OR SHE PARTICIPATES IN FAITH-BASED ACTIVITIES OR FAITH-BASED SPONSORED ACTIVITIES; TO REQUIRE CERTAIN REPORTING REQUIREMENTS IN ORDER FOR AN OFFENDER TO RECEIVE SUCH CREDIT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-7-40, Mississippi Code of 1972, is amended as follows:

47-7-40. (1) The commissioner shall establish rules and regulations for implementing the earned-discharge program that allows offenders on probation and parole to reduce the period of supervision for complying with conditions of probation. Such rules and regulations shall also be established for discharge credits earned pursuant to subsection (7) of this section. The department shall have the authority to award earned-discharge credits to all offenders placed on probation, parole, or post-release supervision who are in compliance with the terms and conditions of supervision. An offender serving a Mississippi sentence for an eligible offense in any jurisdiction under the Interstate Compact for Adult Offender Supervision shall be eligible for earned-discharge credits under this section. Offenders shall not be denied earned-discharge credits solely based on nonpayment of fees or fines if a hardship waiver has been granted as provided in Section 47-7-49.

(2) In addition to the deduction allowed under subsection (7) of this section, for each full calendar month of compliance with the conditions of supervision, earned-discharge credits equal to the number of days in that month shall be deducted from the offender's sentence discharge date. Credits begin to accrue for eligible offenders after the first full calendar month of compliance supervision conditions. For the purposes of this section, an offender is deemed to be in compliance with the conditions of supervision if there was no violation of the conditions of supervision.

(3) No earned-discharge credits may accrue for a calendar month in which a violation report has been submitted, the offender has absconded from supervision, the offender is serving a term of imprisonment in a technical violation center, or for the months between the submission of the violation report and the final action on the violation report by the court or the board.

(4) Earned-discharge credits shall be applied to the sentence within thirty (30) days of the end of the month in which the credits were earned. At least every six (6) months, an offender who is serving a sentence eligible for earned-discharge credits shall be notified of the current sentence discharge date.

(5) Once the combination of time served on probation, parole or post-release supervision, and earned-discharge credits satisfy the term of probation, parole, or post-release supervision, the board or sentencing court shall order final discharge of the offender. No less than sixty (60) days prior to the date of final discharge, the department shall notify the sentencing court and the board of the impending discharge.

(6) The department shall provide semiannually to the Oversight Task Force the number and percentage of offenders who qualify for earned discharge in one or more months of the year and the average amount of credits earned within the year.

(7) (a) From and after July 1, 2023, any offender who is on probation and parole, which includes the intensive supervision program, may have his or her placement on probation and parole or intensive supervision, as the case maybe, reduced by participating in faith-based activities or faith-based sponsored activities. An offender may be awarded thirty (30) days' reduction of supervision for each thirty (30) days of participation in a faith-based activity or faith-based sponsored activity.

(b) An offender who earns earned-discharge credit pursuant to this section must have a designated leader of the faith-based entity where the offender is participating in the faith-based activity or faith-based sponsored activity to provide a monthly report by the 15th day of the month following the offender's participation in the faith-based activity. Such report must be provided to the commissioner of the Department of Corrections who may apply the earned-discharged credits in the time provided under subsection (4) of this section. The department shall develop regulations to administer the provisions of this subsection.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.