House Bill 761

AN ACT TO AMEND SECTION 47-5-1003, MISSISSIPPI CODE OF 1972, TO REVISE THE ELIGIBILITY REQUIREMENTS FOR THE INTENSIVE SUPERVISION PROGRAM; TO REMOVE AUTHORITY OF THE DEPARTMENT OF CORRECTIONS TO SELECT OFFENDERS TO BE PLACED IN THE PROGRAM; TO AMEND SECTIONS 47-5-1009 AND 47-5-1011, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; 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 sentenced by the * * * court. Any offender convicted of a sex crime or a felony violation of Section 41-29-139(a)(1) shall not be placed in the program. Any offender who has ever been convicted before of any felony, regardless of whether the crime for which he might be eligible for placement under this section is a felony, shall not be placed in the program. Any offender who has ever been sentenced as an habitual offender 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 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. Such offender is under the full and complete jurisdiction of the department and subject to removal from the program by the classification hearing officer.

(4) When any circuit or county court places an offender in an intensive supervision program, the court shall give notice to the Mississippi Department of Corrections within fifteen (15) days of the court's decision to place the offender in an intensive supervision program. Notice shall be delivered to the central office of the Mississippi Department of Corrections and to the regional office of the department which will be providing supervision to the offender in an intensive supervision program.

The courts may not require an offender to complete the intensive supervision program as a condition of probation or post-release supervision.

SECTION 2. Section 47-5-1009, Mississippi Code of 1972, is amended as follows:

47-5-1009. (1) The department shall have absolute immunity from liability for any injury resulting from a determination by a judge * * * that an offender shall be allowed to participate in the electronic home detention program.

(2) The Department of Audit shall annually audit the records of the department to ensure compliance with Sections 47-5-1001 through 47-5-1015.

SECTION 3. Section 47-5-1011, Mississippi Code of 1972, is amended as follows:

47-5-1011. (1) Before entering an order for commitment for electronic house arrest, the sentencing court shall inform the participant and other persons residing in the home of the nature and extent of the approved electronic monitoring devices by doing the following:

(a) Securing the written consent of the participant in the program to comply with the rules and regulations of the program.

(b) Advising adult persons residing in the home of the participant at the time an order or commitment for electronic house arrest is entered and asking such persons to acknowledge the nature and extent of approved electronic monitoring devices.

(c) Insuring that the approved electronic devices are minimally intrusive upon the privacy of other persons residing in the home while remaining in compliance with Sections 47-5-1001 through 47-5-1015.

(2) The participant shall be responsible for the cost of equipment and any damage to such equipment. Any intentional damage, any attempt to defeat monitoring, any committing of a criminal offense or any associating with felons or known criminals, shall constitute a violation of the program.

(3) Any person whose residence is utilized in the program shall agree to keep the home drug and alcohol free and to exclude known felons and criminals in order to provide a noncriminal environment.

SECTION 4. This act shall take effect and be in force from and after July 1, 2004.