House Bill 636

AN ACT TO AMEND SECTION 99-15-109, MISSISSIPPI CODE OF 1972, TO REVISE CONDITIONS WHEN PRETRIAL INTERVENTION IS APPROPRIATE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 99-15-109, Mississippi Code of 1972, is amended as follows:

99-15-109. (1) Intervention shall be appropriate only when:

(a) The offender is eighteen (18) years of age or older;

(b) There is substantial likelihood that justice will be served if the offender is placed in an intervention program;

(c) It is determined that the needs of the offender and the state can better be met outside the traditional criminal justice process;

(d) It is apparent that the offender poses no threat to the community;

(e) It appears that the offender is unlikely to be involved in further criminal activity;

(f) The offender, in those cases where it is required, is likely to respond quickly to rehabilitative treatment;

(g) The offender has no significant history of prior delinquency or criminal activity;

(h) The offender has been indicted and is represented by an attorney; * * *

(i) The court has determined that the office of district attorney or the Department of Corrections has sufficient support staff to administer such intervention program; and

(j) In all criminal cases wherein the offender has been held in contempt of court for failure to pay fines or restitution, regardless of any prior criminal convictions of any type whatsoever.

(2) When jurisdiction in a case involving a child is acquired by the circuit court pursuant to a transfer from the youth court, the provision of subsection (1)(a) of this section shall not be applicable.

(3) Notwithstanding any other provision of this section, in all criminal cases wherein an offender has been held in contempt of court for failure to pay fines or restitution, the offender may be placed in pretrial intervention for the purpose of collecting unpaid restitution and fines regardless of any prior criminal conviction, whether felony or misdemeanor.

SECTION 2. This act shall take effect and be in force from and after July 1, 2007.