MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Judiciary, Division A

By: Senator(s) Horhn

Senate Bill 2620

AN ACT TO DEFINE THE RIGHTS OF INDIGENT DEFENDANTS IN THE COLLECTION OF COURT FINES, COSTS AND RESTITUTION; TO AMEND SECTION 21-23-7, MISSISSIPPI CODE OF 1972, TO REVISE THE POWERS AND DUTIES OF MUNICIPAL JUDGES; TO AMEND SECTION 25-32-9, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT WAIVER MUST BE KNOWING, VOLUNTARY AND INTELLIGENT; TO AMEND SECTION 47-1-1, MISSISSIPPI CODE OF 1972, TO REVISE THE ENFORCEMENT OF SENTENCES; TO AMEND SECTION 99-15-15, MISSISSIPPI CODE OF 1972, TO CONFORM; TO AMEND SECTION 99-19-20, MISSISSIPPI CODE OF 1972, TO REVISE THE RESPONSIBILITY TO PAY OR SECURE RESOURCES TO PAY; TO AMEND SECTION 99-19-73, MISSISSIPPI CODE OF 1972, TO REVISE THE COURT'S SUSPENSION OF STATE ASSESSMENTS; TO AMEND SECTION 99-37-5, MISSISSIPPI CODE OF 1972, TO REVISE ENFORCEMENT AND REVOCATION OF PROBATION; TO AMEND SECTION 99-37-7, MISSISSIPPI CODE OF 1972, TO REVISE IMPOSITION OF AN ORDER OF CONTEMPT; TO AMEND SECTION 99-37-9, MISSISSIPPI CODE OF 1972, TO REVISE IMPRISONMENT FOR CONTEMPT; TO AMEND SECTION 99-37-11, MISSISSIPPI CODE OF 1972, TO REVISE RELIEF FROM PAYMENT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 21-23-7, Mississippi Code of 1972, is amended as follows:

     21-23-7.  (1)  The municipal judge shall hold court in a public building designated by the governing * * *authorities authority of the municipality and may hold court every day except Sundays and legal holidays if the business of the municipality so requires; * * *provided, however, the municipal judge may hold court outside the boundaries of the municipality but not more than within a sixty-mile radius of the municipality to handle preliminary matters and criminal matters such as initial appearances and felony preliminary hearings.  The municipal judge shall have the jurisdiction to hear and determine, without a jury and without a record of the testimony, all cases charging violations of the municipal ordinances and state misdemeanor laws made offenses against the municipality and to punish offenders therefor as may be prescribed by law.  Except as otherwise provided by law, criminal proceedings shall be brought by sworn complaint filed in the municipal court. * * *Such  The complaint * * *shall must state the essential elements of the offense charged and the statute or ordinance relied upon. * * *Such  The complaint shall not be required to conclude with a general averment that the offense is against the peace and dignity of the state or in violation of the ordinances of the municipality. * * *He  The municipal judge may sit as a committing court in all felonies committed within the municipality, and * * *he shall have has the power to bind over the accused to the grand jury or to appear before the proper court having jurisdiction to try the same, and to set the amount of bail or refuse bail and commit the accused to jail in cases not bailable.  The municipal judge is a conservator of the peace within * * *his the municipality * * *.  He and may conduct preliminary hearings in all violations of the criminal laws of this state occurring within the municipality, and any person arrested for a violation of law within the municipality may be brought before * * *him the court for initial appearance.  The municipal court shall have jurisdiction of any case remanded to it by a circuit court grand jury.  The municipal court shall have civil jurisdiction over actions filed pursuant to and as provided in Title 93, Chapter 21, Mississippi Code of 1972, the Protection from Domestic Abuse Act.

     (2)  In the discretion of the court, where the objects of justice would be more likely met, as an alternative to imposition or payment of fine and * * */or incarceration, the municipal judge * * *shall have has the power to sentence convicted offenders to work on a public service project where the court has established * * *such a program of public service by written guidelines filed with the clerk for public record.  Such programs shall provide for reasonable supervision of the offender and the work shall be commensurate with the fine * * *and/ or incarceration that would have ordinarily been imposed. * * *Such  The program of public service may be utilized in the implementation of the provisions of Section 99-19-20, and public service work thereunder may be supervised by persons other than the sheriff.

     (3)  The municipal judge may solemnize marriages, take oaths, affidavits and acknowledgments, and issue orders, subpoenas, summonses, citations, warrants for search and arrest upon a finding of probable cause, and other such process under seal of the court to any county or municipality, in a criminal case, to be executed by the lawful authority of the county or the municipality of the respondent, and enforce obedience thereto.  The absence of a seal shall not invalidate the process.

     (4)  When a person * * *shall be is charged with an offense in municipal court punishable by confinement, the municipal judge, being satisfied that * * *such the person is an indigent person and is unable to employ counsel, may, in the discretion of the court, appoint counsel from the membership of The Mississippi Bar residing in his county who shall represent him.  When a person is charged with failure to pay fines, fees, court costs, state assessments or restitution and may be punished by confinement, or when a person is charged with failure to appear in court and may be punished by confinement, the municipal judge, being satisfied that the person is an indigent person and is unable to employ counsel, shall appoint counsel from the membership of The Mississippi Bar residing in the county of the person's residence who shall represent the person.  Compensation for appointed counsel in * * * criminal cases concerning criminal matters or the collection of fines, fees, court costs, state assessments or restitution shall be approved and allowed by the municipal judge and shall be paid by the municipality.  The maximum compensation shall not exceed Two Hundred Dollars ($200.00) for any one (1) case.  The governing * * *authorities authority of a municipality may, in * * *their its discretion, appoint a public defender(s) who must be a licensed attorney and who shall receive a salary to be fixed by the governing authorities.

     (5)  The municipal judge of any municipality is hereby authorized to suspend the sentence and to suspend the execution of the sentence, or any part thereof, on such terms as may be imposed by the municipal judge * * *.  However, but the suspension of imposition or execution of a sentence hereunder may not be revoked after a period of two (2) years.  The municipal judge shall have the power to establish and operate a probation program, dispute resolution program and other practices or procedures appropriate to the judiciary and designed to aid in the administration of justice.  Any such program shall be established by the court with written policies and procedures filed with the clerk of the court for public record.  Subsequent to original sentencing, the municipal judge, in misdemeanor cases, is hereby authorized to suspend sentence and to suspend the execution of a sentence, or any part thereof, on such terms as may be imposed by the municipal judge, if (a) the judge or his or her predecessor was authorized to order such suspension when the sentence was originally imposed; and (b) such conviction (i) has not been appealed; or (ii) has been appealed and the appeal has been voluntarily dismissed.

     (6)  Upon prior notice to the municipal prosecuting attorney and upon a showing in open court of rehabilitation, good conduct for a period of two (2) years since the last conviction in any court and that the best interest of society would be served, the court may, in its discretion, order the record of conviction of a person of any or all misdemeanors in that court expunged, and upon so doing the said person thereafter legally stands as though he had never been convicted of the said misdemeanor(s) and may lawfully so respond to any query of prior convictions.  This order of expunction does not apply to the confidential records of law enforcement agencies and has no effect on the driving record of a person maintained under Title 63, Mississippi Code of 1972, or any other provision of said Title 63.

     (7)  Notwithstanding the provisions of subsection (6) of this section, a person who was convicted in municipal court of a misdemeanor before reaching his twenty-third birthday, excluding conviction for a traffic violation, and who is a first offender, may utilize the provisions of Section 99-19-71, to expunge * * *such the misdemeanor conviction.

     (8)  In the discretion of the court, a plea of nolo contendere may be entered to any charge in municipal court.  Upon the entry of a plea of nolo contendere the court shall convict the defendant of the offense charged and shall proceed to sentence the defendant according to law.  The judgment of the court shall reflect that the conviction was on a plea of nolo contendere.  An appeal may be made from a conviction on a plea of nolo contendere as in other cases.

     (9)  Upon execution of a sworn complaint charging a misdemeanor, the municipal court may, in its discretion and in lieu of an arrest warrant, issue a citation requiring the appearance of the defendant to answer the charge made against him.  On default of appearance, an arrest warrant may be issued for the defendant.  The clerk of the court or deputy clerk may issue * * *such the citations.

     (10)  The municipal court shall have the power to make rules for the administration of the court's business, which rules, if any, shall be in writing filed with the clerk of the court and shall include the enactment of rules related to the court's authority to issue domestic abuse protection orders pursuant to Section 93-21-1 et seq.

     (11)  The municipal court shall have the power to impose punishment of a fine of not more than One Thousand Dollars ($1,000.00) or six (6) months' imprisonment, or both, for contempt of court.  The municipal court may have the power to impose reasonable costs of court, not in excess of the following:

     Dismissal of any affidavit, complaint or charge

in municipal court..................................... $  50.00

     Suspension of a minor's driver's license in lieu of

conviction............................................. $  50.00

Service of scire facias or return "not found"..... $  20.00

     Causing search warrant to issue or causing

prosecution without reasonable cause or refusing to

cooperate after initiating action...................... $ 100.00

Certified copy of the court record................ $   5.00

     Service of arrest warrant for failure to answer

citation or traffic summons............................ $  25.00

Jail cost per day - actual jail cost paid by the municipality but not to exceed............................................. $  35.00

Service of court documents related to the filing

of a petition or issuance of a protection from domestic

abuse order under Title 93, Chapter 21, Mississippi

Code of 1972 .......................................... $  25.00

Any other item of court cost...................... $  50.00

     No filing fee or such cost shall be imposed for the bringing of an action in municipal court.

     (12)  A municipal court judge shall not dismiss a criminal case but may transfer the case to the justice court of the county if the municipal court judge is prohibited from presiding over the case by the Canons of Judicial Conduct and provided that venue and jurisdiction are proper in the justice court.  Upon transfer of any such case, the municipal court judge shall give the municipal court clerk a written order to transmit the affidavit or complaint and all other records and evidence in the court's possession to the justice court by certified mail or to instruct the arresting officer to deliver * * *such the documents and records to the justice court.  There shall be no court costs charged for the transfer of the case to the justice court.

     (13)  A municipal court judge shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of * * *such the case.

     SECTION 2.  Section 25-32-9, Mississippi Code of 1972, is amended as follows:

     25-32-9.  (1)  When any person shall be arrested and charged with a felony, a misdemeanor or an act of delinquency, then the arresting authority shall afford * * *such the person an opportunity to sign an affidavit stating that * * *such the person is an indigent and unable to employ counsel.  Upon the signing of * * *such the affidavit by * * *such the person, the public defender shall represent said person unless the right to counsel * * *be is waived by * * *such the person and the waiver is knowing, voluntary and intelligent. * * *Provided further  Also, a statement * * *shall must be executed by the alleged indigent with the assistance of counsel, under oath, listing all income and assets available to the indigent for the payment of attorney's fees and the person's financial obligations, including the ownership of any property, real or personal, and setting out therein the alleged indigent's employment status, number of dependents, income from any source, the ability of his parents or spouse to provide an attorney's fee, and any other information which might prove or disprove a finding of indigency.  The affidavit and statement shall be a part of the record in the case and shall be subject to review by the appropriate court.  Based on review of the affidavit, statement or other appropriate evidence, if the appropriate court finds that the defendant is not indigent, said court shall terminate the representation of the defendant by the public defender.

     When any person shall be arrested and charged with a misdemeanor, the presiding judge or justice, upon determination that the person is indigent as provided in this section, and that representation of the indigent is required, shall appoint the public defender whose duty it shall be to provide * * *such the representation.  No person determined to be an indigent as provided in this section shall be imprisoned as a result of a misdemeanor conviction unless he was represented by the public defender or knowingly, voluntarily and intelligently waived the right to counsel. 

     (2)  The accused shall have * * *such representation available at every critical stage of the proceedings against him where a substantial right may be affected.

     (3)  Appointment of counsel is also required for indigent persons who face the possibility of incarceration due to a charge of failure to pay fines, fees, court costs, state assessments or restitution, or for a charge of failure to appear for court proceedings on a failure-to-pay charge.

     ( * * *34)  The public defender shall also represent persons in need of mental treatment, as provided under * * * Sections Section 41-21-61 et seq.  The chancery court may tax costs as provided in Sections 41-21-79 and 41-21-85.

     SECTION 3.  Section 47-1-1, Mississippi Code of 1972, is amended as follows:

     47-1-1.  Every * * *convict convicted person sentenced to imprisonment in the county jail, or to * * *such imprisonment and the payment of a fine, or the payment of a fine, * * * shall be committed to jail, and shall remain in close confinement for the full time specified for imprisonment in the sentence of the court * * *, and in like confinement until the fine, costs and jail fees be fully paid, unless discharged in due course of law, or as hereinafter provided.  But no convict shall be held in continuous confinement under a conviction for any one (1) offense for failure to pay fine and costs in such case for a period of more than two (2) years.

     SECTION 4.  Section 99-15-15, Mississippi Code of 1972, is amended as follows:

     99-15-15.  When any person * * *shall be is charged with a felony, misdemeanor punishable by confinement for ninety (90) days or more, or commission of an act of delinquency, the court or the judge in vacation, being satisfied that * * *such the person is an indigent person and is unable to employ counsel, may, in the discretion of the court, appoint counsel to defend him.

      * * *Such The appointed counsel shall have free access to the accused who shall have process to compel the attendance of witnesses in his favor.

     The accused shall have * * *such representation available at every critical stage of the proceeding against him where a substantial right may be affected.

     SECTION 5.  Section 99-19-20, Mississippi Code of 1972, is amended as follows:

     99-19-20.  (1)  When any court sentences a defendant to pay a fine, the court may order (a) that the fine be paid immediately, or (b) that the fine be paid in installments to the clerk of said court or to the judge, if there be no clerk, or * * *(c) that payment of the fine be a condition of probation, or (d) or (c) that the defendant be required to work on public property for public benefit under the direction of the sheriff for a specific number of hours, or ( * * *ed) any combination of the above.

     (2) * * *The defendant may be imprisoned until the fine is paid if the defendant is financially able to pay a fine and the court so finds, subject to the limitations hereinafter set out.  The defendant shall not be imprisoned if the defendant is financially unable to pay a fine and so states to the court in writing, under oath, after sentence is pronounced, and the court so finds, except if the defendant is financially unable to pay a fine and such defendant failed or refused to comply with a prior sentence as specified in subsection (1) of this section, the defendant may be imprisoned.  Neither the requirement that a defendant pay a fine in installments to the clerk of court or to the judge, nor the requirement that a defendant work on public property for public benefit, shall result in the imposition of interest on monetary penalties owed or any additional fees or costs upon a defendant.

     (3)  A court shall not order the imprisonment or revoke the probation of a person for nonpayment of a fine or restitution, or failure to make timely payments toward such penalties under a payment schedule approved by the court, without first holding a hearing, on the record, inquiring into the reasons for the nonpayment, the individual's ability to pay and efforts to secure resources, and the adequacy of alternatives to incarceration.  The defendant shall not be imprisoned if the court determines that the defendant is financially unable to pay a fine or restitution.  A court may only order the imprisonment of an individual for nonpayment of a fine or restitution after making an express written determination, based on evidence in the record, that the failure to pay was willful and that the individual did not make sufficient bona fide efforts to secure resources to pay.  Upon a determination that a person is unable to pay a fine or restitution, or that there are any other extenuating circumstances that prohibit payment or collection, the court shall consider the use of alternatives to confinement, including the reduction or waiver of the fine or restitution, community service, or any alternative deemed appropriate by the court.

     (4)  A court shall not order the imprisonment or revoke the probation of an individual for nonpayment of fees, state assessments, or court costs, or failure to make timely payments toward such penalties under a payment schedule approved by the court.  Upon a determination that a person is unable to pay a fee, state assessment, or court cost, or that there are any other extenuating circumstances that prohibit payment or collection, the court may order the person to perform community service until the fee, state assessment, or court costs are paid or until the court is satisfied that the person is in compliance with the approved payment schedule.  If the court orders the person to perform community service, credit toward unpaid fees, assessments, and court costs shall be granted at the specified hourly credit rate per hour of community service performed, and each hour of community service performed shall reduce the judgment by that amount.

     (5)  A person shall be presumed to be "unable to pay" a fine, fee, state assessment, court cost or restitution if the person:

          (a)  Has an annual income at or below the federal poverty level;

          (b)  Is homeless;

          (c)  Resides in a correctional or mental health facility;

          (d)  Is currently enrolled in one or more types of public assistance as defined in Section 63-11-31;

          (e)  Has a development disability or is totally and permanently disabled; or

          (f)  By the payment of fines, state assessments, fees, court costs, or restitution, would be deprived or the person's dependents, including children and elderly parents, would be deprived of financial support needed to meet basic needs such as housing, food, child care, or transportation.

 * * * This subsection shall be limited as follows:

     (6)  (a)  In no event shall * * *such the period of imprisonment imposed under subsection (3) of this section exceed one (1) day for each Twenty-five Dollars ($25.00) of the fine.  If a defendant is unable to work or if the county or the municipality is unable to provide work for the defendant, the defendant shall receive a credit of Twenty-five Dollars ($25.00) for each day of imprisonment.

          (b)  If a sentence of imprisonment, as well as a fine, were imposed, the aggregate of * * *such the term for nonpayment of a fine and the original sentence of imprisonment shall not exceed the maximum authorized term of imprisonment.

          (c)  It shall be in the discretion of the judge to determine the rate of the credit to be earned for work performed under subsection (1) * * *(d)(c) and community service performed under subsection (3) or (4), but the rate shall be no lower than the rate of the highest current federal minimum wage.

     (3)  Periods of confinement imposed for nonpayment of two (2) or more fines shall run consecutively unless specified by the court to run concurrently.

     SECTION 6.  Section 99-19-73, Mississippi Code of 1972, is amended as follows:

     99-19-73.  (1)  Traffic violations.  In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.) and offenses relating to vehicular parking or registration:

     FUND                                                AMOUNT

State Court Education Fund.............................. $   .85

State Prosecutor Education Fund.........................    1.25

Vulnerable Persons Training,

     Investigation and Prosecution Trust Fund...........    1.50

Child Support Prosecution Trust Fund....................     .30

Driver Training Penalty Assessment Fund.................    3.82

Law Enforcement Officers Training Fund..................    5.00

Spinal Cord and Head Injury Trust Fund

     (for all moving violations)........................    5.45

Emergency Medical Services Operating Fund...............   20.00

Mississippi Leadership Council on Aging Fund............    1.00

Law Enforcement Officers and Fire Fighters

     Death Benefits Trust Fund..........................     .50

Law Enforcement Officers and Fire Fighters

     Disability Benefits Trust Fund.....................     .15

State Prosecutor Compensation Fund for the purpose

     of providing additional compensation for

     district attorneys and their legal assistants......   10.00

Crisis Intervention Mental Health Fund..................   10.00

Drug Court Fund, through June 30, 2016..................   10.53

Drug Court Fund, from and after July 1, 2016............   10.00

Judicial Performance Fund...............................     .50

Capital Defense Counsel Fund,

     through June 30, 2016..............................    3.09

     from and after July 1, 2016........................    2.89

Indigent Appeals Fund...................................    2.29

Capital Post-Conviction Counsel Fund....................    2.83

Victims of Domestic Violence Fund.......................     .49

Public Defenders Education Fund.........................    1.00

Domestic Violence Training Fund.........................    1.00

Attorney General's Cyber Crime Unit.....................    2.50

Children's Safe Center Fund.............................    2.31

DuBard School for Language Disorders Fund...............     .88

Children's Advocacy Centers Fund........................    1.91

Judicial System Operation Fund,

     through June 30, 2016..............................    1.35

TOTAL STATE ASSESSMENT through June 30, 2016............ $ 90.50

TOTAL STATE ASSESSMENT

     from and after July 1, 2016........................ $ 88.42

     (2)  Implied Consent Law violations.  In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.):

     FUND                                                AMOUNT

Crime Victims' Compensation Fund........................ $ 10.00

State Court Education Fund..............................    1.50

State Prosecutor Education Fund.........................    2.00

Vulnerable Persons Training,

     Investigation and Prosecution Trust Fund...........    1.50

Child Support Prosecution Trust Fund....................     .50

Driver Training Penalty Assessment Fund.................   22.00

Law Enforcement Officers Training Fund..................   11.00

Emergency Medical Services Operating Fund...............   45.00

Mississippi Alcohol Safety Education Program Fund.......    5.00

Federal-State Alcohol Program Fund......................   10.00

Mississippi Forensics Laboratory

     Implied Consent Law Fund...........................   25.00

Spinal Cord and Head Injury Trust Fund..................   25.00

Capital Defense Counsel Fund............................    2.89

Indigent Appeals Fund...................................    2.29

Capital Post-Conviction Counsel Fund....................    2.33

Victims of Domestic Violence Fund.......................     .49

State General Fund......................................   35.00

Law Enforcement Officers and Fire Fighters

     Death Benefits Trust Fund..........................     .50

Law Enforcement Officers and Fire Fighters

     Disability Benefits Trust Fund.....................    1.00

State Prosecutor Compensation Fund for the purpose

     of providing additional compensation for

     district attorneys and their legal assistants......   10.00

Crisis Intervention Mental Health Fund..................   10.00

Drug Court Fund.........................................   10.00

Statewide Victims' Information and

     Notification System Fund...........................    6.00

Public Defenders Education Fund.........................    1.00

Domestic Violence Training Fund.........................    1.00

Attorney General's Cyber Crime Unit.....................    2.50

TOTAL STATE ASSESSMENT.................................. $243.50

     (3)  Game and Fish Law violations.  In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state:

     FUND                                                AMOUNT

State Court Education Fund.............................. $  1.50

State Prosecutor Education Fund.........................    2.00

Vulnerable Persons Training,

     Investigation and Prosecution Trust Fund...........    1.50

Law Enforcement Officers Training Fund..................    5.00

Hunter Education and Training Program Fund..............    5.00

State General Fund......................................   30.00

Law Enforcement Officers and Fire Fighters

     Death Benefits Trust Fund..........................     .50

Law Enforcement Officers and Fire Fighters

     Disability Benefits Trust Fund.....................    1.00

State Prosecutor Compensation Fund for the purpose

     of providing additional compensation for district

     attorneys and their legal assistants..............    10.00

Crisis Intervention Mental Health Fund..................   10.00

Drug Court Fund.........................................   10.00

Capital Defense Counsel Fund............................    2.89

Indigent Appeals Fund...................................    2.29

Capital Post-Conviction Counsel Fund....................    2.33

Victims of Domestic Violence Fund.......................     .49

Public Defenders Education Fund.........................    1.00

Domestic Violence Training Fund.........................    1.00

Attorney General's Cyber Crime Unit.....................    2.50

TOTAL STATE ASSESSMENT.................................. $ 89.00

     (4)  [Deleted]

     (5)  Speeding, reckless and careless driving violations.  In addition to any assessment imposed under subsection (1) or (2) of this section, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for driving a vehicle on a road or highway:

          (a)  At a speed that exceeds the posted speed limit by

at least ten (10) miles per hour but not more than twenty (20) miles per hour.................................................... $ 10.00

          (b)  At a speed that exceeds the posted speed limit by at least twenty (20) miles per hour but not more than thirty (30) miles per hour $ 20.00

          (c)  At a speed that exceeds the posted speed limit by thirty (30) miles per hour or more............................. $ 30.00

          (d)  In violation of Section 63-3-1201, which is the offense of reckless driving........................................ $ 10.00

          (e)  In violation of Section 63-3-1213, which is the offense of careless driving........................................ $ 10.00

     All assessments collected under this subsection shall be deposited into the Mississippi Trauma Care Systems Fund established under Section 41-59-75.

     (6)  Other misdemeanors.  In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration:

     FUND                                                 AMOUNT

Crime Victims' Compensation Fund........................ $ 6.92

State Court Education Fund..............................    1.50

State Prosecutor Education Fund.........................    2.00

Vulnerable Persons Training, Investigation

     and Prosecution Trust Fund.........................    1.50

Child Support Prosecution Trust Fund....................     .50

Law Enforcement Officers Training Fund..................    5.00

Capital Defense Counsel Fund............................    2.89

Indigent Appeals Fund...................................    2.29

Capital Post-Conviction Counsel Fund....................    2.33

Victims of Domestic Violence Fund.......................     .49

State General Fund......................................   30.00

State Crime Stoppers Fund...............................    1.50

Law Enforcement Officers and Fire Fighters

     Death Benefits Trust Fund..........................     .50

Law Enforcement Officers and Fire Fighters

     Disability Benefits Trust Fund.....................    1.00

State Prosecutor Compensation Fund for the purpose

     of providing additional compensation for

     district attorneys and their legal assistants......   10.00

Crisis Intervention Mental Health Fund..................   10.00

Drug Court Fund.........................................    8.00

Judicial Performance Fund...............................    2.00

Statewide Victims' Information and

     Notification System Fund...........................    6.00

Public Defenders Education Fund.........................    1.00

Domestic Violence Training Fund.........................    1.00

Attorney General's Cyber Crime Unit.....................    2.50

Information Exchange Network Fund.......................    4.00

Motorcycle Officer Training Fund........................    1.06

Civil Legal Assistance Fund.............................    2.77

Justice Court Collections Fund..........................    7.50

Municipal Court Collections Fund........................    7.50

TOTAL STATE ASSESSMENT.................................. $121.75

     (7)  Other felonies.  In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section:

     FUND                                                 AMOUNT

Crime Victims' Compensation Fund........................ $ 10.00

State Court Education Fund..............................    1.50

State Prosecutor Education Fund.........................    2.00

Vulnerable Persons Training, Investigation

     and Prosecution Trust Fund.........................    1.50

Child Support Prosecution Trust Fund....................     .50

Law Enforcement Officers Training Fund..................    5.00

Capital Defense Counsel Fund............................    2.89

Indigent Appeals Fund...................................    2.29

Capital Post-Conviction Counsel Fund....................    2.33

Victims of Domestic Violence Fund.......................     .49

State General Fund......................................   60.00

Criminal Justice Fund...................................   50.00

Law Enforcement Officers and Fire Fighters

     Death Benefits Trust Fund..........................     .50

Law Enforcement Officers and Fire Fighters

     Disability Benefits Trust Fund.....................    1.00

State Prosecutor Compensation Fund for the purpose

     of providing additional compensation for

     district attorneys and their legal assistants......   10.00

Crisis Intervention Mental Health Fund..................   10.00

Drug Court Fund.........................................   10.00

Statewide Victims' Information and

     Notification System Fund...........................    6.00

Public Defenders Education Fund.........................    1.00

Domestic Violence Training Fund.........................    1.00

Attorney General's Cyber Crime Unit.....................    2.50

 Forensics Laboratory DNA Identification System Fund.... 100.00

TOTAL STATE ASSESSMENT.................................. $280.50

     (8)  Additional assessments on certain violations:

          (a)  Railroad crossing violations.  In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation involving railroad crossings under Section 37-41-55, 63-3-1007, 63-3-1009, 63-3-1011, 63-3-1013 or 77-9-249:

     Operation Lifesaver Fund............................ $25.00

          (b)  Drug violations.  In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 41-29-139:

     Drug Evidence Disposition Fund...................... $25.00

 * * * (9)  If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section.  No state assessment imposed under the provisions of this section may be suspended or reduced by the court.

     ( * * *109)  After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section.  The state assessments imposed under the provisions of this section may not be paid by personal check.  It shall be the duty of the chancery clerk of each county to deposit all * * *such the state assessments collected in the circuit, county and justice courts in * * *such the county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor.  The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in * * *such the county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in * * *such the county during * * *such the month.  It shall be the duty of the municipal clerk of each municipality to deposit all * * *such the state assessments collected in the municipal court in * * *such the municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor.  The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in * * *such the municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in * * *such the municipality during * * *such the month.

     ( * * *1110)  It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all * * *such the state assessments into the proper special fund in the State Treasury.  The monthly deposit shall be based upon the number of violations reported under each subsection and the pro rata amount of * * *such the assessment due to the appropriate special fund.  The Department of Finance and Administration shall issue regulations providing for the proper allocation of these special funds.

     ( * * *1211)  The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed.  The Auditor shall provide in * * *such the regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which * * *such the defendant is entitled to a refund.  All refunds of state assessments shall be made in accordance with the procedures established by the Auditor.

     SECTION 7.  Section 99-37-5, Mississippi Code of 1972, is amended as follows:

     99-37-5.  (1)  When a defendant is sentenced to pay a fine, fees, state assessments, or court costs or ordered to make restitution, the court may order payment to be made forthwith or within a specified period of time or in specified installments.  If a defendant is sentenced to a term of imprisonment, an order of payment of a fine, fees, state assessments, court costs or restitution shall not be enforceable during the period of imprisonment unless the court * * *expressly finds has made an express written finding based on evidence in the record that the defendant has assets to pay all or part of the amounts ordered at the time of sentencing.

     (2)  When a defendant sentenced to pay a fine or costs or ordered to make restitution is also placed on probation or imposition or execution of sentence is suspended, the court may make payment of the fine or costs or the making of restitution a condition of probation or suspension of sentence. * * *Such  The offenders shall make restitution payments directly to the victim.  As an alternative to a contempt proceeding under Sections 99-37-7 through 99-37-13, the intentional refusal to obey the restitution order or a failure by a defendant to make a good faith effort to make * * *such the restitution may be considered a violation of the defendant's probation and may be cause for revocation of his probation or suspension of sentence.  A court shall not revoke probation for nonpayment of fines, fees, state assessments, court costs or restitution without following the procedures and making the express written findings required by Section 99-19-20.

     SECTION 8.  Section 99-37-7, Mississippi Code of 1972, is amended as follows:

     99-37-7.  (1)  When a defendant sentenced to pay a fine or to make restitution defaults in the payment thereof or of any installment, the court, on motion of the district attorney, or upon its own motion, may require * * *him the defendant to show cause why * * *his the defendant's default should not be treated as contempt of court, and may issue a show cause citation or a warrant of arrest for * * *his the defendant's appearance.

     (2) * * *Unless the defendant shows that his default was not attributable to an intentional refusal to obey the order of the court or to a failure on his part to make a good faith effort to make the payment,  The court may find that * * *his a defendant's default constitutes contempt and may order * * *him the defendant committed until the fine or the restitution, or a specified part thereof, is paid, but only after informing the defendant of the right to request court-appointed counsel for representation against failure-to-pay charges that carry a possible penalty of imprisonment, and after following the procedures and making the express written findings required by Section 99-10-20.

     (3)  A judicial officer shall not be held criminally or civilly liable for failure of any defendant to pay any fine or to make restitution if the officer exercises * * *his the judicial authority in accordance with subsections (1) and (2) of this section to require the payment of * * *such the fine or restitution.

     (4)  When a fine or an order of restitution is imposed on a corporation or unincorporated association, it is the duty of the person authorized to make disbursement from the assets of the corporation or association to pay the fine or make the restitution from those assets, and * * *his that person's failure to do so may be held to be contempt unless * * *he that person makes the showing required in subsection (2) of this section.

     SECTION 9.  Section 99-37-9, Mississippi Code of 1972, is amended as follows:

     99-37-9.  (1)  A court may only impose imprisonment for contempt for failure to make restitution after following the procedures and making the express written findings required by Section 99-19-20.

     (2)  The term of imprisonment for contempt for failure to make restitution shall be set forth in the commitment order, and shall not exceed one (1) day for each Twenty-five Dollars ($25.00) of the restitution, or thirty (30) days if the order of the restitution was imposed upon conviction of a violation or misdemeanor, or one (1) year in any other case, whichever is the shorter period.  A person committed for failure to make restitution shall be given credit toward payment for each day of imprisonment at the rate specified in the commitment order.

     SECTION 10.  Section 99-37-11, Mississippi Code of 1972, is amended as follows:

     99-37-11.  If it appears to the satisfaction of the court that the default in the payment of a fine or restitution is not contempt because it is not willful or some other reason, the court may enter an order allowing the defendant additional time for payment, reducing the amount thereof or of each installment or revoking the fine or order of restitution or the unpaid portion thereof, in whole or in part.

     SECTION 11.  This act shall take effect and be in force from and after July 1, 2016.