MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary

By: Senator(s) Hewes, Gollott

AN ACT TO AUTHORIZE FORFEITURE OF PROPERTY BELONGING TO A CONVICT TO OFFSET THE COSTS OF INCARCERATION INCLUDING HOUSING AND MEDICAL TREATMENT; AND FOR RELATED PURPOSES. 

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

SECTION 1. (1) When a person is convicted of criminal activities and the conviction results in a sentence of imprisonment in any jail, prison or other detention facility in this state, in addition to any other sentence it may impose, the court may order that the defendant make restitution to the governmental entity operating the program of incarceration to which the person has been sentenced; however, the court shall not order such restitution in an amount exceeding either the jurisdictional limits of such court or the actual costs of the confinement.

(2) In determining whether to order restitution of the costs of incarceration of the defendant, the court shall take into account:

(a) The financial resources of the defendant and the burden that payment of such restitution will impose, with due regard to the other obligations of the defendant, including without limitation any persons dependent for support upon the defendant as well as any court-ordered restitution to any victim of the offense for which the defendant was convicted or of any other offense;

(b) The ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court;

(c) The rehabilitative effect on the defendant of the payment of restitution for costs of incarceration; and

(d) The defendant's assets, both real and personal, available for forfeiture under subsection (4) of this section.

(3) If the court determines that restitution of all or part of the costs of incarceration of the defendant is inappropriate or undesirable, an order reciting such finding shall be entered; and the order shall also state the underlying circumstances for such determination.

(4) If the court, after due consideration of all of the factors set forth in subsection (2) of this section, determines that restitution of all or part of the costs of incarceration of the defendant is appropriate and desirable under the circumstances and that the defendant is possessed of assets, either real or personal, that are available for forfeiture to satisfy, in whole or in part, such restitution and are not subject to such obligations of the defendant as to adversely affect any innocent third party or parties, then the court shall order, in its order of restitution, the forfeiture of such assets to the governmental entity which will bear the cost and responsibility of incarceration of the defendant, and such assets will be ordered forfeited and sold as provided by law with the proceeds of such sale, after deduction of the expenses of the forfeiture and sale, made available to the incarcerating entity in order to defray, in whole or in part, the costs of incarceration of the defendant. Any sums realized by such judicial forfeiture and sale in excess of the actual cost of housing, medical treatment and other costs necessary and incidental to the incarceration of the defendant shall be delivered to the defendant within thirty (30) days of the defendant's release from incarceration.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.