MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Penitentiary

By: Representative Smith (35th)

AN ACT TO AMEND SECTION 47-5-1003, MISSISSIPPI CODE OF 1972, TO DELETE THE PROHIBITION ON PLACING OFFENDERS IN THE INTENSIVE SUPERVISION PROGRAM WHO HAVE BEEN CONVICTED OF A FELONY FOR THE SALE OR MANUFACTURE OF A CONTROLLED SUBSTANCE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-5-1003, Mississippi Code of 1972, is amended as follows:

47-5-1003. (1) An intensive supervision program may be used as an alternative to incarceration for offenders who are low risk and nonviolent as selected by the department or court. Any offender convicted of a sex crime * * * shall not be placed in the program.

(2) The court placing an offender in the intensive supervision program may, acting upon the advice and consent of the commissioner at the time of the initial sentencing only, and not later than one (1) year after the defendant has been delivered to the custody of the department, suspend the further execution of the sentence and place the defendant on intensive supervision, except when a death sentence or life imprisonment is the maximum penalty which may be imposed or if the defendant has been confined for the conviction of a felony on a previous occasion in any court or courts of the United States and of any state or territories thereof or has been convicted of a felony involving the use of a deadly weapon.

(3) To protect and to ensure the safety of the state's citizens, any offender who violates an order or condition of the intensive supervision program shall be arrested by the correctional field officer and placed in the actual custody of the Department of Corrections. The offender is under the full and complete jurisdiction of the department and subject to removal from the program by the classification committee.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.