House Bill 1187

AN ACT TO AMEND SECTION 47-7-33, MISSISSIPPI CODE OF 1972, TO AUTHORIZE CIRCUIT AND COUNTY COURTS TO SUSPEND A PORTION OF A SENTENCE FOR A DEFENDANT WITH A PRIOR CONVICTION AND TO PLACE SUCH DEFENDANT ON POST-RELEASE SUPERVISION AFTER SUCH DEFENDANT SERVES THE UNSUSPENDED PORTION OF A SENTENCE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-7-33, Mississippi Code of 1972, is amended as follows:

47-7-33. (1) (a) When it appears to the satisfaction of any circuit court or county court in the State of Mississippi having original jurisdiction over criminal actions, or to the judge thereof, that the ends of justice and the best interest of the public, as well as the defendant, will be served thereby, such court, in termtime or in vacation, shall have the power, after conviction or a plea of guilty, except in a case where a death sentence or life imprisonment is the maximum penalty which may be imposed or where the defendant has been convicted of a felony on a previous occasion in any court or courts of the United States and of any state or territories thereof, to suspend the imposition or execution of sentence, and place the defendant on probation as herein provided, except that the court shall not suspend the execution of a sentence of imprisonment after the defendant shall have begun to serve such sentence. In placing any defendant on probation, the court, or judge, shall direct that such defendant be under the supervision of the Department of Corrections.

(b) Any circuit court or county court, having original jurisdiction over criminal actions, may suspend a portion of a sentence imposed on a defendant who has been convicted on a prior occasion in any court or courts of the United States and of any state or territories thereof, and may place such defendant on post-release supervision after the defendant has served the unsuspended portion of such sentence.

(2) When any circuit or county court places an offender on probation or post-release supervision, the court shall give notice to the Mississippi Department of Corrections within fifteen (15) days of the court's decision to place the offender on probation or post-release supervision. Notice shall be delivered to the central office of the Mississippi Department of Corrections and to the regional office of the department which shall provide supervision to the offender on probation or post-release supervision.

(3) When any circuit court or county court places a person on probation or post-release supervision in accordance with the provisions of this section and that person is ordered to make any payments to his or her family, if any member of his or her family whom he or she is ordered to support is receiving public assistance through the State Department of Public Welfare, the court shall order him or her to make such payments to the county welfare officer of the county rendering public assistance to his or her family, for the sole use and benefit of the family.

SECTION 2. This act shall take effect and be in force from and after July 1, 2006.