MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Judiciary B

By: Representative Flaggs

AN ACT TO PROVIDE THAT TRIAL JUDGES SHALL HAVE THE DISCRETION TO SENTENCE PERSONS CONVICTED OF NONVIOLENT CRIMES TO COUNTY JAIL FACILITIES RATHER THAN TO THE MISSISSIPPI DEPARTMENT OF CORRECTIONS UNDER CERTAIN CIRCUMSTANCES; TO DEFINE NONVIOLENT CRIMES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) A trial judge shall have the discretion to order any person convicted of a nonviolent crime to serve all or part of his sentence in the county jail in the county where that person was convicted rather than the Mississippi Department of Corrections, provided that the sentence of the convicted person does not exceed a period of three (3) years and the sheriff of the county and the Department of Corrections approve of the serving of the sentence in the county jail.

(2) Prisoners convicted under this section are not subject to the provisions of Section 47-5-905. The prisoner shall be processed and classified at the county jail in accordance with the county jail's standard procedure for processing and classifying prisoners.

(3) The state shall assume full and complete responsibility of all persons convicted under this section and shall be completely responsible for the care and expense of housing such person.

(4) The state, the Department of Corrections, and its employees or agents, shall not be liable to any person or entity for a prisoner held in a county jail under this section.

(5) The provisions of this section shall apply to any jail which is used by two (2) or more counties pursuant to an agreement as provided by law.

SECTION 2. For the purposes of this act "nonviolent crime" means any crime which does not involve the use or attempted use of any force, the use or attempted use of a deadly weapon or a crime which does not involve injury, attempted injury or the killing or attempted killing of a human being. The term "nonviolent crime" does not include:

(a) Burglary of a dwelling as defined in Sections 97-17-19 through 97-17-27;

(b) Any felony conviction under Sections 97-17-1, 97-17-3, 97-17-5, 97-17-7, 97-17-9, 97-17-11 and 97-17-13;

(c) Any felony conviction under Section 41-29-139 relating to controlled substances or counterfeit substances; or

(d) Any elected public official or any public official appointed by an elected board or body.

SECTION 3. This act shall take effect and be in force from and after July 1, 2001.