MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Corrections
By: Representatives Dixon, Scott, Faulkner
AN ACT TO AMEND SECTION 9-23-15, MISSISSIPPI CODE OF 1972, TO ALLOW INDIVIDUALS CONVICTED OF BURGLARY OF A DWELLING TO PARTICIPATE IN THE DRUG COURT PROGRAM; TO AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO PROVIDE PAROLE ELIGIBILITY TO NONVIOLENT OFFENDERS CONVICTED BETWEEN CERTAIN DATES; TO AMEND SECTION 47-7-3.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CASE PLANS FOR PAROLE-ELIGIBLE INMATES SHALL BE FOR THOSE CONVICTED ON OR AFTER JULY 1, 2014; TO AMEND SECTION 47-7-18, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ONLY PAROLE-ELIGIBLE INMATES WHO WERE CONVICTED ON OR AFTER JULY 1, 2014, MAY BE RELEASED ON HIS OR HER PAROLE ELIGIBILITY DATE FROM INCARCERATION TO PAROLE SUPERVISION WITHOUT A HEARING BEFORE THE PAROLE BOARD IF CERTAIN CONDITIONS ARE MET; TO AMEND SECTION 47-7-27, MISSISSIPPI CODE OF 1972, TO PROVIDE CERTAIN PENALTIES BASED ON THE NUMBER OF TECHNICAL VIOLATIONS COMMITTED BY A PAROLEE; TO AMEND SECTION 47-7-37, MISSISSIPPI CODE OF 1972, TO AUTHORIZE OFFENDERS WHO HAVE COMMITTED ONLY TECHNICAL VIOLATIONS TO MAKE AN INFORMED WAIVER OF CERTAIN JUDICIAL REVIEW UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 47-7-38, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHEN A PROBATIONER IS ARRESTED, SUCH ARREST IS NOT A TECHNICAL VIOLATION; TO AMEND SECTION 47-7-38.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN OFFENDER MAY BE PLACED IN A TECHNICAL VIOLATION CENTER FOR UP TO 180 DAYS IF THE OFFENDER DOES NOT FOLLOW THE RULES OF THE PROGRAM IN THE TECHNICAL VIOLATION CENTER; TO AMEND SECTION 47-7-40, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN COSTS AND FEES MUST BE PAID BY THOSE ON POST-RELEASE SUPERVISION BEFORE EARNED-DISCHARGE CREDITS ARE AWARDED; TO AMEND SECTION 97-3-2, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT A PERSON CONVICTED OF A CRIME OF VIOLENCE IS INELIGIBLE FOR PAROLE; TO CREATE NEW SECTION 47-7-21.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF THE PAROLE BOARD FINDS BY PREPONDERANCE OF THE EVIDENCE THAT A PAROLEE HAS COMMITTED A FELONY OR HAS ABSCONDED FROM SUPERVISION, THEN THE PAROLE BOARD MAY REVOKE PAROLE AND IMPOSE ANY OR ALL THE TIME REMAINING ON PAROLE FOR A PAROLEE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-23-15, Mississippi Code of 1972, is amended as follows:
9-23-15. (1) In order to be eligible for alternative sentencing through a local drug court, the participant must satisfy each of the following criteria:
(a) The participant cannot have any felony convictions for any offenses that are crimes of violence as defined in Section 97-3-2, except burglary of a dwelling under Section 97-17-23(1), within the previous ten (10) years.
(b) The crime before the court cannot be a crime of violence as defined in Section 97-3-2, except burglary of a dwelling under Section 97-17-23(1).
(c) Other criminal proceedings alleging commission of a crime of violence cannot be pending against the participant.
(d) The participant cannot be currently charged with burglary of a dwelling under Section 97-17-23(2) or 97-17-37.
(e) The crime before the court cannot be a charge of driving under the influence of alcohol or any other drug or drugs that resulted in the death of a person.
(f) The crime charged cannot be one of trafficking in controlled substances under Section 41-29-139(f), nor can the participant have a prior conviction for same.
(2) Participation in the services of an alcohol and drug intervention component shall be open only to the individuals over whom the court has jurisdiction, except that the court may agree to provide the services for individuals referred from another drug court. In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.
(3) (a) As a condition of participation in a drug court, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the drug court. A participant is liable for the costs of all chemical tests required under this section, regardless of whether the costs are paid to the drug court or the laboratory; however, if testing is available from other sources or the program itself, the judge may waive any fees for testing.
(b) A laboratory that performs a chemical test under this section shall report the results of the test to the drug court.
(4) A person does not have a right to participate in drug court under this chapter. The court having jurisdiction over a person for a matter before the court shall have the final determination about whether the person may participate in drug court under this chapter.
SECTION 2. Section 47-7-3, Mississippi Code of 1972, is amended as follows:
47-7-3. (1) Every prisoner who has been convicted of any offense against the State of Mississippi, and is confined in the execution of a judgment of such conviction in the Mississippi Department of Corrections for a definite term or terms of one (1) year or over, or for the term of his or her natural life, whose record of conduct shows that such prisoner has observed the rules of the department, and who has served not less than one-fourth (1/4) of the total of such term or terms for which such prisoner was sentenced, or, if sentenced to serve a term or terms of thirty (30) years or more, or, if sentenced for the term of the natural life of such prisoner, has served not less than ten (10) years of such life sentence, may be released on parole as hereinafter provided, except that:
(a) No prisoner convicted as a confirmed and habitual criminal under the provisions of Sections 99-19-81 through 99-19-87 shall be eligible for parole;
(b) Any person who shall have been convicted of a sex crime shall not be released on parole except for a person under the age of nineteen (19) who has been convicted under Section 97-3-67;
(c) (i) No person shall be eligible for parole who shall, on or after January 1, 1977, be convicted of robbery or attempted robbery through the display of a firearm until he shall have served ten (10) years if sentenced to a term or terms of more than ten (10) years or if sentenced for the term of the natural life of such person. If such person is sentenced to a term or terms of ten (10) years or less, then such person shall not be eligible for parole. The provisions of this paragraph (c)(i) shall also apply to any person who shall commit robbery or attempted robbery on or after July 1, 1982, through the display of a deadly weapon. This paragraph (c)(i) shall not apply to persons convicted after September 30, 1994;
(ii) No person shall be eligible for parole who shall, on or after October 1, 1994, be convicted of robbery, attempted robbery or carjacking as provided in Section 97-3-115 et seq., through the display of a firearm or drive-by shooting as provided in Section 97-3-109. The provisions of this paragraph (c)(ii) shall also apply to any person who shall commit robbery, attempted robbery, carjacking or a drive-by shooting on or after October 1, 1994, through the display of a deadly weapon. This paragraph (c)(ii) shall not apply to persons convicted after July 1, 2014;
(d) No person shall be eligible for parole who, on or after July 1, 1994, is charged, tried, convicted and sentenced to life imprisonment without eligibility for parole under the provisions of Section 99-19-101;
(e) No person shall be eligible for parole who is charged, tried, convicted and sentenced to life imprisonment under the provisions of Section 99-19-101;
* * *
( * * *f) (i) No person who, on or after
July 1, * * *
1995, is convicted of a crime of violence pursuant to Section 97-3-2, a
sex crime or an offense that specifically prohibits parole release, shall be
eligible for parole. All persons convicted of any other offense on or after
July 1, * * *
1995, are eligible for parole after they have served one-fourth (1/4) of
the sentence or sentences imposed by the trial court.
(ii) Notwithstanding the provisions in paragraph (i) of this subsection, a person serving a sentence who has reached the age of sixty (60) or older and who has served no less than ten (10) years of the sentence or sentences imposed by the trial court shall be eligible for parole. Any person eligible for parole under this subsection shall be required to have a parole hearing before the board prior to parole release. No inmate shall be eligible for parole under this paragraph of this subsection if:
1. The inmate is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87;
2. The inmate is sentenced for a crime of violence under Section 97-3-2;
3. The inmate is sentenced for an offense that specifically prohibits parole release;
4. The inmate is sentenced for trafficking in controlled substances under Section 41-29-139(f);
5. The inmate is sentenced for a sex crime; or
6. The inmate has not served one-fourth (1/4) of the sentence imposed by the court.
(iii) Notwithstanding the provisions of paragraph (1)(a) of this section, any offender who has not committed a crime of violence under Section 97-3-2 and has served twenty-five percent (25%) or more of his sentence may be paroled by the parole board if, after the sentencing judge or if the sentencing judge is retired, disabled or incapacitated, the senior circuit judge authorizes the offender to be eligible for parole consideration.
(2) Notwithstanding any other provision of law, an inmate shall not be eligible to receive earned time, good time or any other administrative reduction of time which shall reduce the time necessary to be served for parole eligibility as provided in subsection (1) of this section.
(3) The State Parole Board shall, by rules and regulations, establish a method of determining a tentative parole hearing date for each eligible offender taken into the custody of the Department of Corrections. The tentative parole hearing date shall be determined within ninety (90) days after the department has assumed custody of the offender. The parole hearing date shall occur when the offender is within thirty (30) days of the month of his parole eligibility date. The parole eligibility date shall not be earlier than one-fourth (1/4) of the prison sentence or sentences imposed by the court.
(4) Any inmate within twenty-four (24) months of his parole eligibility date and who meets the criteria established by the classification board shall receive priority for placement in any educational development and job training programs that are part of his or her parole case plan. Any inmate refusing to participate in an educational development or job training program that is part of the case plan may be in jeopardy of noncompliance with the case plan and may be denied parole.
SECTION 3. Section 47-7-3.1, Mississippi Code of 1972, is amended as follows:
47-7-3.1. (1) In consultation with the Parole Board, the department shall develop a case plan for all parole eligible inmates, who were convicted on or after July 1, 2014, to guide an inmate's rehabilitation while in the department's custody and to reduce the likelihood of recidivism after release.
(2) Within ninety (90) days of admission, the department shall complete a case plan on all inmates, who were convicted on or after July 1, 2014, which shall include, but not limited to:
(a) Programming and treatment requirements based on the results of a risk and needs assessment;
(b) Any programming or treatment requirements contained in the sentencing order; and
(c) General behavior requirements in accordance with the rules and policies of the department.
(3) The department shall provide the inmate with a written copy of the case plan and the inmate's caseworker shall explain the conditions set forth in the case plan.
(a) Within ninety (90) days of admission, the caseworker shall notify the inmate of their parole eligibility date as calculated in accordance with Section 47-7-3(3);
(b) At the time a parole-eligible inmate receives the case plan, the department shall send the case plan to the Parole Board for approval.
(4) The department shall ensure that the case plan is achievable prior to inmate's parole eligibility date.
(5) The caseworker shall meet with the inmate every eight (8) weeks from the date the offender received the case plan to review the inmate's case plan progress.
(6) Every four (4) months the department shall electronically submit a progress report on each parole-eligible inmate's case plan to the Parole Board. The board may meet to review an inmate's case plan and may provide written input to the caseworker on the inmate's progress toward completion of the case plan.
(7) The Parole Board shall provide semiannually to the Oversight Task Force the number of parole hearings held, the number of prisoners released to parole without a hearing and the number of parolees released after a hearing.
SECTION 4. Section 47-7-18, Mississippi Code of 1972, is amended as follows:
47-7-18. (1) Each inmate eligible for
parole pursuant to Section 47-7-3, * * * who were
convicted on or after July 1, 2014,
may be released from incarceration to parole supervision on the inmate's
parole eligibility date, without a hearing before the board, if:
(a) The inmate has met the requirements of the parole case plan established pursuant to Section 47-7-3.1;
(b) A victim of the offense has not requested the board conduct a hearing;
(c) The inmate has not received a serious or major violation report within the past six (6) months;
(d) The inmate has agreed to the conditions of supervision; and
(e) The inmate has a discharge plan approved by the board.
(2) At least thirty (30) days prior to an inmate's parole eligibility date, the department shall notify the board in writing of the inmate's compliance or noncompliance with the case plan. If an inmate fails to meet a requirement of the case plan, prior to the parole eligibility date, he or she shall have a hearing before the board to determine if completion of the case plan can occur while in the community.
(3) Any inmate for whom there is insufficient information for the department to determine compliance with the case plan shall have a hearing with the board.
(4) A hearing shall be held with the board if requested by the victim following notification of the inmate's parole release date pursuant to Section 47-7-17.
(5) A hearing shall be held by the board if a law enforcement official from the community to which the inmate will return contacts the board or the department and requests a hearing to consider information relevant to public safety risks posed by the inmate if paroled at the initial parole eligibility date. The law enforcement official shall submit an explanation documenting these concerns for the board to consider.
(6) If a parole hearing is held, the board may determine the inmate has sufficiently complied with the case plan or that the incomplete case plan is not the fault of the inmate and that granting parole is not incompatible with public safety, the board may then parole the inmate with appropriate conditions. If the board determines that the inmate has sufficiently complied with the case plan but the discharge plan indicates that the inmate does not have appropriate housing immediately upon release, the board may parole the inmate to a transitional reentry center with the condition that the inmate spends no more than six (6) months in the center. If the board determines that the inmate has not substantively complied with the requirement(s) of the case plan it may deny parole. If the board denies parole, the board may schedule a subsequent parole hearing and, if a new date is scheduled, the board shall identify the corrective action the inmate will need to take in order to be granted parole. Any inmate not released at the time of the inmate's initial parole date shall have a parole hearing at least every year.
SECTION 5. Section 47-7-27, Mississippi Code of 1972, is amended as follows:
47-7-27. (1) The board may, at any time and upon a showing of probable violation of parole, issue a warrant for the return of any paroled offender to the custody of the department. The warrant shall authorize all persons named therein to return the paroled offender to actual custody of the department from which he was paroled.
(2) Any field supervisor may arrest an offender without a warrant or may deputize any other person with power of arrest by giving him a written statement setting forth that the offender has, in the judgment of that field supervisor, violated the conditions of his parole or earned-release supervision. The written statement delivered with the offender by the arresting officer to the official in charge of the department facility from which the offender was released or other place of detention designated by the department shall be sufficient warrant for the detention of the offender.
(3) The field supervisor, after making an arrest, shall present to the detaining authorities a similar statement of the circumstances of violation. The field supervisor shall at once notify the board or department of the arrest and detention of the offender and shall submit a written report showing in what manner the offender has violated the conditions of parole or earned-release supervision. An offender for whose return a warrant has been issued by the board shall, after the issuance of the warrant, be deemed a fugitive from justice.
(4) Whenever an offender is arrested on a warrant for an alleged violation of parole as herein provided, the board shall hold an informal preliminary hearing within seventy-two (72) hours to determine whether there is reasonable cause to believe the person has violated a condition of parole. A preliminary hearing shall not be required when the offender is not under arrest on a warrant or the offender signed a waiver of a preliminary hearing. The preliminary hearing may be conducted electronically.
(5) The right of the State of Mississippi to extradite persons and return fugitives from justice, from other states to this state, shall not be impaired by this chapter and shall remain in full force and effect. An offender convicted of a felony committed while on parole, whether in the State of Mississippi or another state, shall immediately have his parole revoked upon presentment of a certified copy of the commitment order to the board. If an offender is on parole and the offender is convicted of a felony for a crime committed prior to the offender being placed on parole, whether in the State of Mississippi or another state, the offender may have his parole revoked upon presentment of a certified copy of the commitment order to the board.
(6) (a) The board shall
hold a hearing for any parolee who is detained as a result of a warrant or a
violation report within twenty-one (21) days of the parolee's admission to
detention. The board may, in its discretion, terminate the parole or modify
the terms and conditions thereof. If the board revokes parole for * * * one or more technical violations
the board shall * * * order the offender to complete
the programs created pursuant to Section 47-7-38(1) in
a technical violation center operated by the department * * *. For the third revocation based solely on technical
violations, the board may * * * order the
offender to complete his or her detention in a technical violation center * * * or
the board may impose up to the remainder of the suspended portion of the
sentence. For the fourth and any subsequent technical violation, the board may
impose up to the remainder of the suspended portion of the sentence. The
period of * * *
detention in a technical violation center imposed under this section
shall not be * * * greater than one hundred eighty (180) days.
(b) If the board does
not hold a hearing or does not take action on the violation within the twenty-one-day
time frame in paragraph (a) of this subsection, the parolee shall be released
from detention and shall return to parole status. The board may subsequently
hold a hearing and may revoke parole or may continue parole and modify the
terms and conditions of parole as provided under paragraph (a) of this
subsection. * * *
(c) For a parolee
charged with a technical violation who has not been detained awaiting the
revocation hearing, the board may hold a hearing within a reasonable time. The
board may revoke parole or may continue parole and modify the terms and
conditions of parole as provided under paragraph (a) of this subsection. * * *
(7) Unless good cause for the
delay is established in the record of the proceeding, the parole revocation
charge shall be dismissed if the revocation hearing is not held within the
thirty (30) days of the * * * issuance service of the warrant.
(8) The chairman and each member of the board and the designated parole revocation hearing officer may, in the discharge of their duties, administer oaths, summon and examine witnesses, and take other steps as may be necessary to ascertain the truth of any matter about which they have the right to inquire.
(9) The board shall provide semiannually to the Oversight Task Force the number of warrants issued for an alleged violation of parole, the average time between detention on a warrant and preliminary hearing, the average time between detention on a warrant and revocation hearing, the number of ninety-day sentences in a technical violation center issued by the board, the number of one-hundred-twenty-day sentences in a technical violation center issued by the board, the number of one-hundred-eighty-day sentences issued by the board, and the number and average length of the suspended sentences imposed by the board in response to a violation.
SECTION 6. Section 47-7-37, Mississippi Code of 1972, is amended as follows:
47-7-37. (1) The period of
probation shall be fixed by the court, and may at any time be extended or
terminated by the court, or judge in vacation. Such period with any extension
thereof shall not exceed five (5) years, except that in cases of desertion
and/or failure to support minor children, the period of probation may be fixed
and/or extended by the court for so long as the duty to support such minor
children exists. The time served on probation or post-release supervision may
be reduced pursuant to Section * * * 47-7-40.
(2) At any time during the period of probation, the court, or judge in vacation, may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the probationer to be arrested. Any probation and parole officer may arrest a probationer without a warrant, or may deputize any other officer with power of arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the probation and parole officer, violated the conditions of probation. Such written statement delivered with the probationer by the arresting officer to the official in charge of a county jail or other place of detention shall be sufficient warrant for the detention of the probationer.
(3) Whenever an offender is arrested on a warrant for an alleged violation of probation as herein provided, the department shall hold an informal preliminary hearing within seventy-two (72) hours of the arrest to determine whether there is reasonable cause to believe the person has violated a condition of probation. A preliminary hearing shall not be required when the offender is not under arrest on a warrant or the offender signed a waiver of a preliminary hearing. The preliminary hearing may be conducted electronically. If reasonable cause is found, the offender may be confined no more than twenty-one (21) days from the admission to detention until a revocation hearing is held. If the revocation hearing is not held within twenty-one (21) days, the probationer shall be released from custody and returned to probation status.
(4) If a probationer or offender is subject to registration as a sex offender, the court must make a finding that the probationer or offender is not a danger to the public prior to release with or without bail. In determining the danger posed by the release of the offender or probationer, the court may consider the nature and circumstances of the violation and any new offenses charged; the offender or probationer's past and present conduct, including convictions of crimes and any record of arrests without conviction for crimes involving violence or sex crimes; any other evidence of allegations of unlawful sexual conduct or the use of violence by the offender or probationer; the offender or probationer's family ties, length of residence in the community, employment history and mental condition; the offender or probationer's history and conduct during the probation or other supervised release and any other previous supervisions, including disciplinary records of previous incarcerations; the likelihood that the offender or probationer will engage again in a criminal course of conduct; the weight of the evidence against the offender or probationer; and any other facts the court considers relevant.
(5) (a) The probation and
parole officer after making an arrest shall present to the detaining
authorities a similar statement of the circumstances of violation. The
probation and parole officer shall at once notify the court of the arrest and
detention of the probationer and shall submit a report in writing showing in
what manner the probationer has violated the conditions of probation. The
court shall immediately notify the public defender by providing the public
defender with the full report of the probation officer. If the report alleges
only technical violations the offender may, with the advice of counsel, waive
in writing, signed by both the offender and counsel the right to a hearing
before the judge. The waiver shall be filed with the court which shall order
the offender to complete the programs created pursuant to Section 47-7-38(1) in
a technical violation center. If the signed waiver and order is received by
the department, then the offender shall be immediately transferred to a technical
violation center and detained there for not more than one hundred eighty (180)
days. Within twenty-one (21) days of arrest and detention by warrant as
herein provided, the court shall cause the probationer to be brought before it unless
the probationer has waived this right and been transferred to a technical
violation center and may continue or revoke all or any part of the
probation or the suspension of sentence. If the offender is before the
court * * * for * * *a one or more technical violations, the court
shall * * * order the offender to complete the
programs created pursuant to Section 47-7-38(1)impose a period of imprisonment to be served in * * * a technical violation center or in
the alternative may order the offender to a restitution center * * *. For the third revocation based only on
technical violations, the court may * * * order
the offender to complete detention in * * * a technical violation center * * * or the court may impose up to the remainder of the suspended
portion of the sentence. For the fourth and any subsequent revocation for
technical violations, the court may impose up to the remainder of the
suspended portion of the sentence. The period of * * * detention in a technical
violation center imposed under this section shall not be * * * greater than one
hundred eighty (180) days.
(b) If the offender is
not detained as a result of the warrant, the court shall cause the probationer
to be brought before it within a reasonable time and may continue or revoke all
or any part of the probation or the suspension of sentence, and may cause the
sentence imposed to be executed or may impose any part of the sentence which
might have been imposed at the time of conviction. If the offender is
before the court * * * for * * *a one or more technical violations, then
the court shall * * * order the offender to complete
the programs created pursuant to Section 47-7-38(1) in * * * a technical violation center or in
the alternative may order the offender to a restitution center * * *. For the third revocation based only on technical
violations, the court may * * * order the
offender to complete detention a technical violation center
or a restitution center * * *for up to one hundred eighty (180) days or the court may
impose up to the remainder of the suspended portion of the sentence.
For the fourth and any subsequent revocation for technical violations,
the court may impose up to the remainder of the suspended portion of the
sentence. The period of * * *imprisonment detention in a technical violation center
imposed under this section shall not be * * * greater than one
hundred eighty (180) days.
(c) If the court does
not hold a hearing or does not take action on the violation within the twenty-one-day
period, unless the offender has waived the right to the hearing, the
offender shall be released from detention and shall return to probation
status. The court may subsequently hold a hearing and may revoke probation or
may continue probation and modify the terms and conditions of probation. If
the offender is before the court * * * for * * * one or more technical violations,
the court shall * * * order the offender to complete
the programs created pursuant to Section 47-7-38(1) in * * * a technical violation center or in
the alternative may order the offender to a * * * restitution
center * * *. For
the third revocation based only on technical violations, the
court may * * * order the offender to complete
detention in * * * a technical violation center or a restitution center * * *
or the court may impose up to the remainder
of the suspended portion of the sentence. For the fourth and any subsequent revocation
for technical violations, the court may impose up to the remainder
of the suspended portion of the sentence. The period of * * * detention in a technical
violation center imposed under this section shall not be * * * greater than one
hundred eighty (180) days.
(d) For an offender
charged with a technical violation who has not been detained awaiting the
revocation hearing, the court may hold a hearing within a reasonable time. The
court may revoke probation or may continue probation and modify the terms and
conditions of probation. If the offender is before the court * * * for * * * one or more technical violations,
the court shall * * * order the offender to complete
the programs created pursuant to Section 47-7-38(1) in * * * a technical violation center * * * or in the
alternative may order the offender to a restitution center * * *. For the third revocation based only on
technical violations, the court may * * * order
the offender to complete detention in * * * a
restitution center * * * or the court may impose up to
the remainder of the suspended portion of the sentence. For the fourth and any
subsequent revocation for technical violations, the court may
impose up to the remainder of the suspended portion of the sentence. The
period of * * *
detention in a technical violation center imposed under this section
shall not be * * * greater than one hundred eighty (180) days.
(6) If the probationer is arrested in a circuit court district in the State of Mississippi other than that in which he was convicted, the probation and parole officer, upon the written request of the sentencing judge, shall furnish to the circuit court or the county court of the county in which the arrest is made, or to the judge of such court, a report concerning the probationer, and such court or the judge in vacation shall have authority, after a hearing, to continue or revoke all or any part of probation or all or any part of the suspension of sentence, and may in case of revocation proceed to deal with the case as if there had been no probation. In such case, the clerk of the court in which the order of revocation is issued shall forward a transcript of such order to the clerk of the court of original jurisdiction, and the clerk of that court shall proceed as if the order of revocation had been issued by the court of original jurisdiction. Upon the revocation of probation or suspension of sentence of any offender, such offender shall be placed in the legal custody of the State Department of Corrections and shall be subject to the requirements thereof.
(7) Any probationer who removes himself from the State of Mississippi without permission of the court placing him on probation, or the court to which jurisdiction has been transferred, shall be deemed and considered a fugitive from justice and shall be subject to extradition as now provided by law. No part of the time that one is on probation shall be considered as any part of the time that he shall be sentenced to serve.
(8) The arresting officer, except when a probation and parole officer, shall be allowed the same fees as now provided by law for arrest on warrant, and such fees shall be taxed against the probationer and paid as now provided by law.
(9) The arrest, revocation and recommitment procedures of this section also apply to persons who are serving a period of post-release supervision imposed by the court.
(10) Unless good cause for
the delay is established in the record of the proceeding, the probation
revocation charge shall be dismissed if the revocation hearing is not held
within thirty (30) days of the warrant being * * * served.
(11) The Department of Corrections shall provide semiannually to the Oversight Task Force the number of warrants issued for an alleged violation of probation or post-release supervision, the average time between detention on a warrant and preliminary hearing, the average time between detention on a warrant and revocation hearing, the number of ninety-day sentences in a technical violation center issued by the court, the number of one-hundred-twenty-day sentences in a technical violation center issued by the court, the number of one-hundred-eighty-day sentences issued by the court, and the number and average length of the suspended sentences imposed by the court in response to a violation.
SECTION 7. Section 47-7-38, Mississippi Code of 1972, is amended as follows:
47-7-38. (1) The department shall have the authority to impose graduated sanctions as an alternative to judicial modification or revocation, as provided in Sections 47-7-27 and 47-7-37, for offenders on probation, parole, or post-release supervision who commit technical violations of the conditions of supervision as defined by Section 47-7-2.
(2) The commissioner shall develop a standardized graduated sanctions system, which shall include a grid to guide field officers in determining the suitable response to a technical violation. The commissioner shall promulgate rules and regulations for the development and application of the system of sanctions. Field officers shall be required to conform to the sanction grid developed.
(3) The system of sanctions shall include a list of sanctions for the most common types of violations. When determining the sanction to impose, the field officer shall take into account the offender's assessed risk level, previous violations and sanctions, and severity of the current and prior violations.
(4)
Field officers shall notify the sentencing court when a probationer has
committed a technical violation or the parole board when a parolee has
committed a technical violation of the type of violation and the sanction
imposed. * * *
(5) The graduated sanctions that the department may impose include, but shall not be limited to:
(a) Verbal warnings;
(b) Increased reporting;
(c) Increased drug and alcohol testing;
(d) Mandatory substance abuse treatment;
(e) Loss of earned-discharge credits; and
(f) Incarceration in a county jail for no more than two (2) days. Incarceration as a sanction shall not be used more than two (2) times per month for a total period incarcerated of no more than four (4) days.
(6) The system shall also define positive reinforcements that offenders will receive for compliance with conditions of supervision. These positive reinforcements shall include, but not limited to:
(a) Verbal recognition;
(b) Reduced reporting; and
(c) Credits for earned discharge which shall be awarded pursuant to Section 70 of this act.
(7) The Department of Corrections shall provide semiannually to the Oversight Task Force the number and percentage of offenders who have one or more violations during the year, the average number of violations per offender during the year and the total and average number of incarceration sanctions as defined in subsection (5) of this section imposed during the year.
SECTION 8. Section 47-7-38.1, Mississippi Code of 1972, is amended as follows:
47-7-38.1. (1) The Department of Corrections shall establish technical violation centers to detain probation and parole violators revoked for technical violations by the court or parole board.
(2) The department shall
place an offender in a violation center for a technical violation as ordered by
the board pursuant to Section 47-7-27 * * * or the sentencing court pursuant to
Section 47-7-37.
(3) The violation centers shall be equipped to address the underlying factors that led to the offender's violation as identified based on the results of a risk and needs assessment. At a minimum each violation center shall include substance abuse services shown to reduce recidivism and a reduction in the use of illicit substances or alcohol, education programs, employment preparation and training programs and behavioral programs.
The programs shall be designed for completion within ninety (90) days; however, an offender may remain at a center for up to one hundred eighty (180) days based on the risk and needs assessment and the offender's compliance or noncompliance with the center's rules and regulations established pursuant to paragraph (5).
(4) As required by Section 47-5-20(b), the department shall notify, by certified mail, each member of the board of supervisors of the county in which the violation center shall be located of the department's intent to convert an existing department facility to a technical violation center.
(5) The department shall establish rules and regulations for the implementation and operation of the technical violation centers. A willful failure to comply with the established rules and regulations may result in the offender being transferred to an institution for the remainder of the term at the violation center for up to one hundred eighty (180) days.
(6) The Department of Corrections shall provide to the Oversight Task Force semiannually the average daily population of the technical violation centers, the number of admissions to the technical violation centers, and the average time served in the technical violation centers.
SECTION 9. Section 47-7-40, Mississippi Code of 1972, is amended as follows:
47-7-40. (1) The commissioner shall establish rules and regulations for implementing the earned-discharge program that allows offenders on probation and parole to reduce the period of supervision for complying with conditions of probation. The department shall have the authority to award earned-discharge credits to all offenders placed on probation, parole, or post-release supervision who are in compliance with the terms and conditions of supervision, including the payment of all costs, fines, fees, assessments and restitution. An offender serving a Mississippi sentence for an eligible offense in any jurisdiction under the Interstate Compact for Adult Offender Supervision shall be eligible for earned-discharge credits under this section.
(2) For each full calendar month of compliance with the conditions of supervision, earned-discharge credits equal to the number of days in that month shall be deducted from the offender's sentence discharge date. Credits begin to accrue for eligible offenders after the first full calendar month of compliance supervision conditions. For the purposes of this section, an offender is deemed to be in compliance with the conditions of supervision if there was no violation of the conditions of supervision.
(3) No earned-discharge credits may accrue for a calendar month in which a violation report has been submitted, the offender has absconded from supervision, the offender is serving a term of imprisonment in a technical violation center, or for the months between the submission of the violation report and the final action on the violation report by the court or the board.
(4) Earned-discharge credits shall be applied to the sentence within thirty (30) days of the end of the month in which the credits were earned. At least every six (6) months, an offender who is serving a sentence eligible for earned-discharge credits shall be notified of the current sentence discharge date.
(5) Notwithstanding any other provision of law, an offender's period of supervision shall not be terminated or discharged through earned-discharge credits unless all court costs, fines, fees, assessments and restitution are paid.
( * * *6) Once the combination of time served
on probation, parole or post-release supervision, and earned-discharge credits
satisfy the term of probation, parole, or post-release supervision, the board
or sentencing court shall order final discharge of the offender. No less than
sixty (60) days prior to the date of final discharge, the department shall
notify the sentencing court and the board of the impending discharge.
( * * *7) The department shall provide
semiannually to the Oversight Task Force the number and percentage of offenders
who qualify for earned discharge in one or more months of the year and the
average amount of credits earned within the year.
SECTION 10. Section 97-3-2, Mississippi Code of 1972, is amended as follows:
97-3-2. (1) The following shall be classified as crimes of violence:
(a) Driving under the influence as provided in Sections 63-11-30(5) and 63-11-30(12)(d);
(b) Murder and attempted murder as provided in Sections 97-1-7(2), 97-3-19, 97-3-23 and 97-3-25;
(c) Aggravated assault as provided in Sections 97-3-7(2)(a) and (b) and 97-3-7(4)(a);
(d) Manslaughter as provided in Sections 97-3-27, 97-3-29, 97-3-31, 97-3-33, 97-3-35, 97-3-39, 97-3-41, 97-3-43, 97-3-45 and 97-3-47;
(e) Killing of an unborn child as provided in Sections 97-3-37(2)(a) and 97-3-37(2)(b);
(f) Kidnapping as provided in Section 97-3-53;
(g) Human trafficking as provided in Section 97-3-54.1;
(h) Poisoning as provided in Section 97-3-61;
(i) Rape as provided in Sections 97-3-65 and 97-3-71;
(j) Robbery as provided in Sections 97-3-73 and 97-3-79;
(k) Sexual battery as provided in Section 97-3-95;
(l) Drive-by shooting or bombing as provided in Section 97-3-109;
(m) Carjacking as provided in Section 97-3-117;
(n) Felonious neglect, abuse or battery of a child as provided in Section 97-5-39;
(o) Burglary of a dwelling as provided in Sections 97-17-23 and 97-17-37;
(p) Use of explosives or weapons of mass destruction as provided in Section 97-37-25;
(q) Statutory rape as provided in Section 97-3-65(1), but this classification is rebuttable on hearing by a judge;
(r) Exploitation of a child as provided in Section 97-5-33;
(s) Gratification of lust as provided in Section 97-5-23; and
(t) Shooting into a dwelling as provided in Section 97-37-29.
(2) In any felony offense
with a maximum sentence of no less than five (5) years, upon conviction, the
judge may find and place in the sentencing order, on the record in open court,
that the offense, while not listed in subsection (1) of this section, shall be
classified as a crime of violence if the facts show that the defendant used
physical force, or made a credible attempt or threat of physical force against
another person as part of the criminal act. No person convicted of a crime of
violence listed in this section is eligible for * * * early release from the
custody of the Department of Corrections until the person has served at least
fifty percent (50%) of the sentence imposed by the court.
SECTION 11. The following section shall be codified as Section 47-7-21.1, Mississippi Code of 1972:
47-7-27.1. Notwithstanding any other provision of law to the contrary, if the parole board finds by preponderance of the evidence that a parolee has committed a felony or has absconded from supervision, then the parole board may revoke his or her parole and impose any or all of the time remaining on parole. For purposes of this section, "absconded from supervision" means the failure of a parolee to report to his or her supervising officer for six (6) or more consecutive months.
SECTION 12. This act shall take effect and be in force from and after July 1, 2017.