MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Judiciary, Division A
By: Senator(s) Horhn
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 * * * authority of the
municipality and may hold court every day except Sundays and legal holidays if
the business of the municipality so requires; * * * 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. * * * The complaint * * * must state the essential elements of
the offense charged and the statute or ordinance relied upon. * * * 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. * * * The municipal judge may sit as a
committing court in all felonies committed within the municipality, and * * * 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 * * * the municipality * * * 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 * * * 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 * * * incarceration, the municipal judge * * * has the power to sentence
convicted offenders to work on a public service project where the court has
established * * *
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 * * * 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 * * * is charged with an offense in
municipal court punishable by confinement, the municipal judge, being satisfied
that * * * 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 * * * 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 * * * authority of a municipality
may, in * * *
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 * * *, 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 * * * 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 * * * 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 * * * 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 * * * 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 * * * 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 * * * the affidavit by * * * the person, the public defender
shall represent said person unless the right to counsel * * * is waived by * * * the person and the waiver is
knowing, voluntary and intelligent. * * * Also, a statement * * * 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 * * * 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 * * * 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.
( * * *4) The public defender shall also
represent persons in need of mental treatment, as provided under * * * 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 * * * convicted person sentenced to
imprisonment in the county jail, or to * * * imprisonment and the payment of a fine, or
the payment of a fine, * * * shall remain in close confinement
for the full time specified for imprisonment in the sentence of the court * * *.
SECTION 4. Section 99-15-15, Mississippi Code of 1972, is amended as follows:
99-15-15. When any person * * * 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 * * *
the person is an indigent person and is unable to employ counsel, may,
in the discretion of the court, appoint counsel to defend him.
* * * 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 * * * 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 * * * 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 ( * * *d) any combination of the above.
(2) * * * 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.
* * *
(6) (a) In no event shall * * * 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 * * * 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) * * *(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) 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 * * *
the state assessments collected in the circuit, county and justice
courts in * * *
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 * * * 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 * * * the county during * * * the month. It shall be the duty of
the municipal clerk of each municipality to deposit all * * * the state assessments collected in
the municipal court in * * *
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 * * *
the municipality during * * * the month.
( * * *10) It shall be the duty of the
Department of Finance and Administration to deposit on a monthly basis all * * * 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 * * *
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.
( * * *11) 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 * * *
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 * * * 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 * * * 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. * * * 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 * * *
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 * * * the defendant to show cause why * * * 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 * * *
the defendant's appearance.
(2) * * *
The court may find that * * *his a defendant's default constitutes contempt and may
order * * * 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 * * * the judicial authority in accordance
with subsections (1) and (2) of this section to require the payment of * * * 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 * * *
that person's failure to do so may be held to be contempt unless * * * 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.