MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Corrections

By: Senator(s) Tindell, Wiggins

Senate Bill 2872

AN ACT TO AMEND SECTION 47-7-35, MISSISSIPPI CODE OF 1972, TO REQUIRE OFFENDERS CONVICTED OF VIOLENT CRIMES TO SERVE POST-RELIEF SUPERVISION ON HOUSE ARREST; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 47-7-35, Mississippi Code of 1972, is amended as follows:

     47-7-35.  (1)  The courts referred to in Section 47-7-33 or 47-7-34 shall determine the terms and conditions of probation or post-release supervision and may alter or modify, at any time during the period of probation or post-release supervision, the conditions and may include among them the following or any other:

     That the offender shall:

          (a)  Commit no offense against the laws of this or any other state of the United States, or of any federal, territorial or tribal jurisdiction of the United States;

          (b)  Avoid injurious or vicious habits;

          (c)  Avoid persons or places of disreputable or harmful character;

          (d)  Report to the probation and parole officer as directed;

          (e)  Permit the probation and parole officer to visit him at home or elsewhere;

          (f)  Work faithfully at suitable employment so far as possible;

          (g)  Remain within a specified area;

          (h)  Pay his fine in one (1) or several sums;

          (i)  Support his dependents;

          (j)  Submit, as provided in Section 47-5-601, to any type of breath, saliva or urine chemical analysis test, the purpose of which is to detect the possible presence of alcohol or a substance prohibited or controlled by any law of the State of Mississippi or the United States;

          (k)  Register as a sex offender if so required under Title 45, Chapter 33.

     (2)  When a court sentences an offender convicted of a violent crime as described in Section 47-7-3(1)(h) to post-release supervision, the court shall require the offender to serve the period of post-release supervision confined to the offender's place of residence under the terms and conditions established by court.

     (3)  When any court places a defendant on misdemeanor probation, the court must cause to be conducted a search of the probationer's name or other identifying information against the registration information regarding sex offenders maintained under Title 45, Chapter 33.  The search may be conducted using the Internet site maintained by the Department of Public Safety Sex Offender Registry.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2012.