HB487 - Conference Report

SECTION 1. Section 47-5-138.1, Mississippi Code of 1972, is amended as follows:

47-5-138.1. (1) (a) In addition to any other administrative reduction of sentence, an offender in trusty status as defined by the classification board of the Department of Corrections may be awarded a trusty time allowance of ten (10) days' reduction of sentence for each thirty (30) days of participation in an approved program while in trusty status, including satisfactory participation in education or instructional programs, satisfactory participation in work projects and satisfactory participation in any special incentive program.

(b) If the department has a budget deficit, the Governor or the Commissioner of the Department of Corrections may increase the trusty time allowance of an offender who meets the requirements of subsection (2)(b) to twenty-three (23) days reduction of sentence for each thirty (30) days of participation in approved programs under subsection (1)(a).

This paragraph (b) shall repeal on June 30, 2004.

(2) (a) From and after July 1, 2003, an offender who is awarded the trusty time allowance under subsection (1)(a) may also be awarded an additional ten (10) days of trusty time allowance for each thirty (30) days of approved participation.

(b) An offender is not eligible for the additional ten (10) days of trusty time allowance under this subsection if:

(i) The offender was sentenced to life imprisonment; but an offender, except an offender sentenced to life imprisonment for capital murder, who has reached the age of sixty-five (65) or older and who has served at least fifteen (15) years may petition the sentencing court for conditional release;

(ii) The offender was convicted as a habitual offender under Sections 99-19-81 through 99-19-87;

(iii) The offender was convicted of a sex crime;

(iv) The offender has not served the mandatory time required for parole eligibility, as prescribed under Section 47-7-3, for a conviction of robbery or attempted robbery through the display of a deadly weapon, carjacking through the display of a deadly weapon or a drive-by shooting;

(v) The offender was convicted of violating Section 41-29-139(a) and sentenced under Section 41-29-139(b) or 41-29-139(f);

(vi) The offender was convicted of trafficking in controlled substances under Section 41-29-139;

(vii) The offender was convicted of manufacturing crystal methamphetamine in violation of Section 41-29-139;

(viii) The offender was convicted of felony child abuse;

(ix) The offender was convicted of kidnapping;

(x) The offender was convicted of burglary of a dwelling; or

(xi) The offender was convicted of a homicide under Section 97-3-19.

SECTION 2. Section 47-5-1013, Mississippi Code of 1972, is amended as follows:

47-5-1013. Participants enrolled in an intensive supervision program shall be required to:

(a) Maintain employment if physically able, or full-time student status at an approved school or vocational trade, and make progress deemed satisfactory to the correctional field officer, or both, or be involved in supervised job searches.

(b) Pay restitution and program fees as directed by the department. Program fees shall not be less than Seventy-five Dollars ($75.00) * * *. The sentencing judge may charge a program fee of not less than Fifty Dollars ($50.00) in cases of extreme financial hardship, when such judge determines that the offender's participation in the program would provide a benefit to his community. Program fees shall be deposited in the special fund created in Section 47-5-1007.

(c) Establish a place of residence at a place approved by the correctional field officer, and not change his residence without the officer's approval. The correctional officer shall be allowed to inspect the place of residence for alcoholic beverages, controlled substances and drug paraphernalia.

(d) Remain at his place of residence at all times except to go to work, to attend school, to perform community service and as specifically allowed in each instance by the correctional field officer.

(e) Allow administration of drug and alcohol tests as requested by the field officer.

(f) Perform not less than ten (10) hours of community service each month.

(g) Meet any other conditions imposed by the court to meet the needs of the offender and limit the risks to the community.

SECTION 3. Section 99-37-19, Mississippi Code of 1972, is amended as follows:

99-37-19. The boards of supervisors of the several counties and the governing authorities of municipalities are hereby authorized to cooperate with the Department of Corrections in the establishment of restitution centers. Such centers may house both probationers referred by the circuit courts as well as inmates transferred from other facilities of the Department of Corrections as provided in Section 47-5-110. Such centers shall be operated by the Department of Corrections. County or municipal property may be utilized with the approval of the board of supervisors or municipal governing authority for the construction, renovation and maintenance of facilities owned by the state or a local political subdivision. Such facility may be leased to the Department of Corrections for a period of time for use as a restitution center.

It is the intent of this section that county and local governments contribute only to the establishment, renovation and maintenance of the physical plant of a restitution center and that the Department of Corrections support the operation of, and have sole jurisdiction over and responsibility for offenders in, such restitution program.

The Department of Corrections may lease or construct three (3) restitution centers: one (1) in the northern, one (1) in the central and one (1) in the southern part of the state. The restitution centers shall be leased or constructed adjacent to or near existing community work centers. The department must use inmate labor to the maximum extent possible for such construction.

SECTION 4. Section 47-5-110, Mississippi Code of 1972, is amended as follows:

47-5-110. (1) Commitment to any institution or facility within the jurisdiction of the department shall be to the department, not to a particular institution or facility. The commissioner shall assign a newly committed offender to an appropriate facility consistent with public safety; provided, however, that any offender who, in the opinion of the sentencing judge, requires confinement in a maximum security unit shall be assigned, upon initial commitment, to the Parchman facility. The commissioner may extend the place of confinement of eligible offenders as provided under subsection (2) of this section. He may transfer an offender from one institution to another, consistent with the commitment and in accordance with treatment, training and security needs. The commissioner shall have the authority to transfer inmates from the various correctional facilities of the department to restitution centers. The commissioner shall prepare appropriate standards of eligibility for such transfers. The commissioner shall have the authority to remove the offenders from restitution centers and to transfer them to other facilities of the department. The commissioner shall obtain the approval of the sentencing court before transferring an offender committed to the department to a restitution center. On the request of the chief executive officer of the affected unit of local government, the commissioner may transfer a person detained in a local facility to a state facility. The commissioner shall determine the cost of care for that person to be borne by the unit of local government. The commissioner may assign to a community work center, any offender who is convicted under the Mississippi Implied Consent Law and who is sentenced to the custody of the Department of Corrections, except that if a death or a serious maiming has occurred during the commission of the violation of the Mississippi Implied Consent Law, then the offender so convicted may not be assigned to a community work center.

(2) The department may establish by rule or policy and procedure a community pre-release program which shall be subject to the following requirements:

(a) The commissioner may extend the limits of confinement of offenders serving sentences for violent or nonviolent crimes who have six (6) months or less remaining before release on parole, conditional release or discharge to participate in the program. Parole violators may be allowed to participate in the program.

(b) Any offender who is referred to the program shall remain an offender of the department and shall be subject to rules and regulations of the department pertaining to offenders of the department until discharged or released on parole or conditional release by the State Parole Board.

(c) The department shall require the offender to participate in work or educational or vocational programs and other activities that may be necessary for the supervision and treatment of the offender.

(d) An offender assigned to the program shall be authorized to leave a community pre-release center only for the purpose and time necessary to participate in the program and activities authorized in paragraph (c) of this subsection.

(3) The commissioner shall have absolute immunity from liability for any injury resulting from a determination by the commissioner that an offender shall be allowed to participate in the community pre-release program.

(4) (a) The department may by rule or policy and procedure provide the regimented inmate discipline program and pre-release service for offenders at each of its major correctional facilities: Mississippi State Penitentiary, Central Mississippi Correctional Institution and South Mississippi Correctional Institution.

(b) The commissioner may establish regimented inmate discipline and pre-release programs at the South Mississippi Correctional Institution. Offenders assigned to this facility may receive the services provided by the regimented inmate discipline program. The pre-release program may be located on the grounds of this facility or another facility designated by the commissioner.

(5) The department may expand community work centers and pre-release centers by twenty (20) beds at each site. The department must use inmate labor to the maximum extent possible for the expansion.

SECTION 5. Section 47-7-3, Mississippi Code of 1972, is amended as follows:

47-7-3. (1) Every prisoner who has been convicted of any offense against the State of Mississippi, and is confined in the execution of a judgment of such conviction in the Mississippi State Penitentiary for a definite term or terms of one (1) year or over, or for the term of his or her natural life, whose record of conduct shows that such prisoner has observed the rules of the Penitentiary, and who has served not less than one-fourth (1/4) of the total of such term or terms for which such prisoner was sentenced, or, if sentenced to serve a term or terms of thirty (30) years or more, or, if sentenced for the term of the natural life of such prisoner, has served not less than ten (10) years of such life sentence, may be released on parole as hereinafter provided, except that:

(a) No prisoner convicted as a confirmed and habitual criminal under the provisions of Sections 99-19-81 through 99-19-87 shall be eligible for parole;

(b) Any person who shall have been convicted of a sex crime shall not be released on parole except for a person under the age of nineteen (19) who has been convicted under Section 97-3-67;

(c) No one shall be eligible for parole until he shall have served one (1) year of his sentence, unless such person has accrued any meritorious earned time allowances, in which case he shall be eligible for parole if he has served (i) nine (9) months of his sentence or sentences, when his sentence or sentences is two (2) years or less; (ii) ten (10) months of his sentence or sentences when his sentence or sentences is more than two (2) years but no more than five (5) years; and (iii) one (1) year of his sentence or sentences when his sentence or sentences is more than five (5) years;

(d) (i) No person shall be eligible for parole who shall, on or after January 1, 1977, be convicted of robbery or attempted robbery through the display of a firearm until he shall have served ten (10) years if sentenced to a term or terms of more than ten (10) years or if sentenced for the term of the natural life of such person. If such person is sentenced to a term or terms of ten (10) years or less, then such person shall not be eligible for parole. The provisions of this paragraph (d) shall also apply to any person who shall commit robbery or attempted robbery on or after July 1, 1982, through the display of a deadly weapon. This subparagraph (d)(i) shall not apply to persons convicted after September 30, 1994;

(ii) No person shall be eligible for parole who shall, on or after October 1, 1994, be convicted of robbery, attempted robbery or carjacking as provided in Section 97-3-115 et seq., through the display of a firearm or drive-by shooting as provided in Section 97-3-109. The provisions of this subparagraph (d)(ii) shall also apply to any person who shall commit robbery, attempted robbery, carjacking or a drive-by shooting on or after October 1, 1994, through the display of a deadly weapon;

(e) No person shall be eligible for parole who, on or after July 1, 1994, is charged, tried, convicted and sentenced to life imprisonment without eligibility for parole under the provisions of Section 99-19-101;

(f) No person shall be eligible for parole who is charged, tried, convicted and sentenced to life imprisonment under the provisions of Section 99-19-101;

(g) No person shall be eligible for parole who is convicted or whose suspended sentence is revoked after June 30, 1995, except that a first offender convicted of a nonviolent crime after June 30, 1995, may be eligible for parole if the offender meets the requirements in subsection (1) and this paragraph. In addition to other requirements, if a first offender is convicted of a drug or driving under the influence felony, the offender must complete a drug and alcohol rehabilitation program prior to parole or the offender may be required to complete a post-release drug and alcohol program as a condition of parole. For purposes of this paragraph, "nonviolent crime" means a felony other than homicide, robbery, manslaughter, sex crimes, arson, burglary of an occupied dwelling, aggravated assault, kidnapping, felonious abuse of vulnerable adults, felonies with enhanced penalties, the sale or manufacture of a controlled substance under the Uniform Controlled Substances Law, and felony child abuse.

(2) Notwithstanding any other provision of law, an inmate shall not be eligible to receive earned time, good time or any other administrative reduction of time which shall reduce the time necessary to be served for parole eligibility as provided in subsection (1) of this section; however, this subsection shall not apply to the advancement of parole eligibility dates pursuant to the Prison Overcrowding Emergency Powers Act. Moreover, meritorious earned time allowances may be used to reduce the time necessary to be served for parole eligibility as provided in paragraph (c) of subsection (1) of this section.

(3) The State Parole Board shall by rules and regulations establish a method of determining a tentative parole hearing date for each eligible offender taken into the custody of the Department of Corrections. The tentative parole hearing date shall be determined within ninety (90) days after the department has assumed custody of the offender. Such tentative parole hearing date shall be calculated by a formula taking into account the offender's age upon first commitment, number of prior incarcerations, prior probation or parole failures, the severity and the violence of the offense committed, employment history and other criteria which in the opinion of the board tend to validly and reliably predict the length of incarceration necessary before the offender can be successfully paroled.

(4) Any inmate within twenty-four (24) months of his parole eligibility date and who meets the criteria established by the classification board shall receive priority for placement in any educational development and job training programs. Any inmate refusing to participate in an educational development or job training program may be ineligible for parole.

SECTION 6. (1) There is hereby created a joint study committee to examine the desirability of authorizing truth-in- sentencing guidelines. The joint committee shall consist of the Chairman of the Senate Corrections Committee and two (2) members of the Senate Corrections Committee appointed by the Lieutenant Governor, and the Chairman of the House Penitentiary Committee and two (2) members of the House Penitentiary Committee appointed by the Speaker of the House. The Chairman of the Senate Corrections Committee and the Chairman of the Penitentiary Committee shall serve as cochairmen of the joint committee. The joint committee shall examine desirability of authorizing truth-in-sentencing guidelines in this state.

(2) The joint committee shall make a report of its findings and recommendations, including necessary legislation, to the Legislature during the first week of the 2004 Regular Session.

(3) The joint committee shall meet on the call of the cochairmen and shall organize by selecting from its membership a vice chairman who shall also serve as secretary and shall be responsible for keeping all records of the joint committee. A majority of the members of the joint committee shall constitute a quorum. All members shall be notified in writing of all meetings and such notices shall be mailed at least five (5) days prior to the date on which a meeting is to be held.

(4) Members of the committee shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session.

(5) All state agencies shall cooperate with the joint committee in providing information and resources necessary for the joint committee to make its study.

(6) The joint committee shall utilize the staff of the Legislature and any other assistance made available to it.

(7) Upon presentation of its report the joint committee shall be dissolved.

SECTION 7. This act shall take effect and be in force from and after its passage.


CONFEREES FOR THE HOUSE	CONFEREES FOR THE SENATE

X (SIGNED:)	X (SIGNED:)
Bennett Malone	Rob H. Smith

X (SIGNED:)	X (SIGNED:)
Charlie Smith	Willie Simmons

X (SIGNED:)	(NOT SIGNED:)
Daniel D. Guice, Jr.	Tommy Dickerson