MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Corrections
By: Representative Dixon
AN ACT TO AMEND SECTION 47-7-49, MISSISSIPPI CODE OF 1972, TO REDUCE FROM $50.00 TO $5.00 THE AMOUNT THAT IS PAID TO THE COMMUNITY SERVICE REVOLVING FUND BY OFFENDERS WHO ARE ON POST-RELEASE SUPERVISION; TO AMEND SECTION 47-7-9, MISSISSIPPI CODE OF 1972, TO PRESCRIBE THE NUMBER OF TIMES THAT DIVISION PERSONNEL MAY VISIT THOSE WHO ARE UNDER SUCH SUPERVISION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-7-49, Mississippi Code of 1972, is amended as follows:
47-7-49. (1) Any offender
on probation, parole, earned-release supervision, post-release supervision,
earned probation or any other offender under the field supervision of the
Community Services Division of the department shall pay to the department the
sum of * * *
Fifty Dollars ($50.00) per month by certified check or money order
unless a hardship waiver is granted. An offender shall make the initial
payment within thirty (30) days after being released from imprisonment unless a
hardship waiver is granted. A hardship waiver may be granted by the sentencing
court or the Department of Corrections. A hardship waiver may not be granted
for a period of time exceeding ninety (90) days. The commissioner or his
designee shall deposit * * * each payment received into a special fund in the
State Treasury, which is hereby created, to be known as the Community Service
Revolving Fund. * * *
Of * * * each payment paid unto
the Community Service Revolving Fund, Three Dollars ($3.00) of each payment
shall be deposited into the Crime Victims' Compensation Fund created in Section
99-41-29, and Two Dollars ($2.00) shall be deposited into the Training
Revolving Fund created pursuant to Section 47-7-51. When a person is convicted
of a felony in this state, in addition to any other sentence it may impose, the
court may, in its discretion, order the offender to pay a state assessment not
to exceed the greater of One Thousand Dollars ($1,000.00) or the maximum fine
that may be imposed for the offense, into the Crime Victims' Compensation Fund
created pursuant to Section 99-41-29.
Any federal funds made available to the department for training or for training facilities, equipment or services shall be deposited into the Correctional Training Revolving Fund created in Section 47-7-51. The funds deposited in this account shall be used to support an expansion of the department's training program to include the renovation of facilities for training purposes, purchase of equipment and contracting of training services with community colleges in the state.
No offender shall be required to make this payment for a period of time longer than ten (10) years.
(2) The offender may be imprisoned until the payments are made if the offender is financially able to make the payments and the court in the county where the offender resides so finds, subject to the limitations hereinafter set out. The offender shall not be imprisoned if the offender is financially unable to make the payments and so states to the court in writing, under oath, and the court so finds.
(3) This section shall stand repealed from and after June 30, 2018.
SECTION 2. Section 47-7-9, Mississippi Code of 1972, is amended as follows:
47-7-9. (1) The circuit judges and county judges in the districts to which Division of Community Corrections personnel have been assigned shall have the power to request of the department transfer or removal of the division personnel from their court.
(2) (a) Division personnel shall investigate all cases referred to them for investigation by the board, the division or by any court in which they are authorized to serve. They shall furnish to each person released under their supervision a written statement of the conditions of probation, parole, earned-release supervision, post-release supervision or suspension and shall instruct the person regarding the same. Division personnel shall only visit a person who is released under supervision four (4) times per year and such visits shall occur on a quarterly basis. They shall administer a risk and needs assessment on each person under their supervision to measure criminal risk factors and individual needs. They shall use the results of the risk and needs assessment to guide supervision responses consistent with evidence-based practices as to the level of supervision and the practices used to reduce recidivism. They shall develop a supervision plan for each person assessed as moderate to high risk to reoffend. They shall keep informed concerning the conduct and conditions of persons under their supervision and use all suitable methods that are consistent with evidence-based practices to aid and encourage them and to bring about improvements in their conduct and condition and to reduce the risk of recidivism. They shall keep detailed records of their work and shall make such reports in writing as the court or the board may require.
(b) Division personnel shall complete annual training on evidence-based practices and criminal risk factors, as well as instructions on how to target these factors to reduce recidivism.
(c) The division personnel duly assigned to court districts are hereby vested with all the powers of police officers or sheriffs to make arrests or perform any other duties required of policemen or sheriffs which may be incident to the division personnel responsibilities. All probation and parole officers hired on or after July 1, 1994, will be placed in the Law Enforcement Officers Training Program and will be required to meet the standards outlined by that program.
(d) It is the intention of the Legislature that insofar as practicable the case load of each division personnel supervising offenders in the community (hereinafter field supervisor) shall not exceed the number of cases that may be adequately handled.
(3) (a) Division personnel shall be provided to perform investigation for the court as provided in this subsection. Division personnel shall conduct presentence investigations on all persons convicted of a felony in any circuit court of the state, prior to sentencing and at the request of the circuit court judge of the court of conviction. The presentence evaluation report shall consist of a complete record of the offender's criminal history, educational level, employment history, psychological condition and such other information as the department or judge may deem necessary. Division personnel shall also prepare written victim impact statements at the request of the sentencing judge as provided in Section 99-19-157.
(b) In order that offenders in the custody of the department on July 1, 1976, may benefit from the kind of evaluations authorized in this section, an evaluation report to consist of the information required hereinabove, supplemented by an examination of an offender's record while in custody, shall be compiled by the division upon all offenders in the custody of the department on July 1, 1976. After a study of such reports by the State Parole Board those cases which the board believes would merit some type of executive clemency shall be submitted by the board to the Governor with its recommendation for the appropriate executive action.
(c) The department is authorized to accept gifts, grants and subsidies to conduct this activity.
SECTION 3. This act shall take effect and be in force from and after July 1, 2016.