MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Judiciary A
By: Representative White
AN ACT TO BE KNOWN AS THE "KYLE TODD MEMORIAL ACT"; TO PROVIDE THAT A PERSON CONVICTED OF MANSLAUGHTER OR AGGRAVATED ASSAULT SHALL SERVE ONE-HALF OF THE SENTENCE IMPOSED BY THE TRIAL COURT TO BECOME ELIGIBLE FOR AN EARNED-TIME ALLOWANCE, TRUSTY-TIME ALLOWANCE OR MERITORIOUS EARNED-TIME ALLOWANCE; TO AMEND SECTIONS 47-5-139, 47-5-138.1 AND 47-5-142, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-5-139, Mississippi Code of 1972, is amended as follows:
47-5-139. (1) An inmate shall not be eligible for the earned-time allowance if:
(a) The inmate was sentenced to life imprisonment; but an inmate, except an inmate 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;
(b) The inmate was convicted as a habitual offender under Sections 99-19-81 through 99-19-87;
(c) The inmate has forfeited his earned-time allowance by order of the commissioner;
(d) The inmate was
convicted of a sex crime; * * *or
(e) The inmate has not
served the mandatory time required for parole eligibility for a conviction of
robbery or attempted robbery with a deadly weapon * * *; or
(f) The inmate was convicted of manslaughter or aggravated assault and has not served one-half (1/2) of the term for which he was sentenced.
(2) An offender under two (2) or more consecutive sentences shall be allowed commutation based upon the total term of the sentences.
(3) All earned time shall be forfeited by the inmate in the event of escape and/or aiding and abetting an escape. The commissioner may restore all or part of the earned time if the escapee returns to the institution voluntarily, without expense to the state, and without act of violence while a fugitive from the facility.
(4) Any officer or employee who shall willfully violate the provisions of this section and be convicted therefor shall be removed from office or employment.
SECTION 2. Section 47-5-138.1, Mississippi Code of 1972, is amended as follows:
47-5-138.1. (1) 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 thirty (30) days' reduction of sentence for each thirty (30) days of participation during any calendar month 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.
(2) An offender in trusty status shall not be eligible for a reduction of sentence under this section if:
(a) The offender was sentenced to life imprisonment;
(b) The offender was convicted as an habitual offender under Sections 99-19-81 through 99-19-87;
(c) The offender was convicted of a sex crime;
(d) 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;
(e) The offender was
convicted of possession with the intent to deliver or sell a controlled
substance under Section 41-29-139; * * *
(f) The offender was
convicted of trafficking in controlled substances under Section 41-29-139 * * *; or
(g) The offender was convicted of manslaughter or aggravated assault and has not served one-half (1/2) of the term for which he was sentenced.
SECTION 3. Section 47-5-142, Mississippi Code of 1972, is amended as follows:
47-5-142. (1) In order to provide incentive for offenders to achieve positive and worthwhile accomplishments for their personal benefit or the benefit of others, and in addition to any other administrative reductions of the length of an offender's sentence, any offender shall be eligible, subject to the provisions of this section, to receive meritorious earned time as distinguished from earned time for good conduct and performance.
(2) Subject to approval by the commissioner of the terms and conditions of the program or project, meritorious earned time may be awarded for the following: (a) successful completion of educational or instructional programs; (b) satisfactory participation in work projects; and (c) satisfactory participation in any special incentive program.
(3) The programs and activities through which meritorious earned time may be received shall be published in writing and posted in conspicuous places at all facilities of the department and such publication shall be made available to all offenders in the custody of the department.
(4) The commissioner shall make a determination of the number of days of reduction of sentence which may be awarded an offender as meritorious earned time for participation in approved programs or projects; the number of days shall be determined by the commissioner on the basis of each particular program or project.
(5) * * *
The
commissioner shall not award meritorious earned time to:
(a) * * * An offender assigned to the maximum
security facilities for disciplinary purposes * * *; or
(b) An offender convicted of manslaughter or aggravated assault who has not served one-half (1/2) of the term for which he was sentenced.
(6) All meritorious earned time shall be forfeited by the offender in the event of escape and/or aiding and abetting an escape.
(7) Any officer or employee of the department who shall willfully violate the provisions of this section and be convicted therefor shall be removed from office or employment.
(8) An offender may forfeit all or any part of his meritorious earned-time allowance for just cause upon the written order of the commissioner or his designee. Any meritorious earned-time allowance forfeited under this section shall not be restored nor shall it be re-earned by the offender.
SECTION 4. This act shall take effect and be in force from and after July 1, 2013.