House Bill 751

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 47-7-33, MISSISSIPPI CODE OF 1972, TO REMOVE THE PROHIBITION FOR CIRCUIT AND COUNTY COURT JUDGES THAT PREVENTS THE JUDGES FROM SUSPENDING THE EXECUTION OF A SENTENCE OF IMPRISONMENT FOR AN OFFENDER ONCE THE OFFENDER HAS BEGUN SERVING THE SENTENCE; TO CREATE THE MISSISSIPPI SENTENCING DISPARITY TASK FORCE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-7-33, Mississippi Code of 1972, is amended as follows:

47-7-33. (1) When it appears to the satisfaction of any circuit court or county court in the State of Mississippi having original jurisdiction over criminal actions, or to the judge thereof, that the ends of justice and the best interest of the public, as well as the defendant, will be served thereby, such court, in termtime or in vacation, shall have the power, after conviction or a plea of guilty, except in a case where a death sentence or life imprisonment is the maximum penalty which may be imposed, to suspend the imposition or execution of sentence, and place the defendant on probation as herein provided * * *. In placing any defendant on probation, the court, or judge, shall direct that such defendant be under the supervision of the Department of Corrections.

(2) When any circuit or county court places an offender on probation, the court shall give notice to the Mississippi Department of Corrections within fifteen (15) days of the court's decision to place the offender on probation. Notice shall be delivered to the central office of the Mississippi Department of Corrections and to the regional office of the department which will be providing supervision to the offender on probation.

(3) When any circuit court or county court places a person on probation in accordance with the provisions of this section and that person is ordered to make any payments to his family, if any member of his family whom he is ordered to support is receiving public assistance through the State Department of Human Services, the court shall order him to make such payments to the county welfare officer of the county rendering public assistance to his family, for the sole use and benefit of * * *~~said~~ the family.

SECTION 2. (1) There is created the Mississippi Sentencing Disparity Task Force. The purpose of the task force is to study and report the existence of possible disparity in sentencing for crimes as documented by the Mississippi Department of Corrections in order to promote the interest of uniform justice throughout the state of Mississippi.

(2) The Mississippi Sentencing Disparity Task Force shall be composed of the following twelve (12) members, who shall serve for two-year terms:

(a) Two (2) members of the Mississippi House of Representatives, appointed by the Speaker of the House;

(b) Two (2) members of the Mississippi State Senate, appointed by the Lieutenant Governor;

(d) The Commissioner of the Mississippi Department of Corrections, or a designee;

(e) The Attorney General of the State of Mississippi, or a designee;

(f) The director of a faith-based organization involved in re-entry programs, or a designee appointed by the Lieutenant Governor;

(g) The Chief Justice of the Mississippi Supreme Court, or a designee;

(h) The Chairman of the Parole Board, or a designee;

(i) A person who is a former offender appointed by the Chairman of the Parole Board; and

(3) The Chief Justice of the Mississippi Supreme Court shall call the first meeting of the task force. The task force shall hold its first meeting no later than thirty (30) days after the effective date of this act. At its first meeting, the task force shall elect a chairman and vice chairman from its membership and adopt rules for transacting its business and keeping records. The chairman and vice-chairman shall serve one-year terms or until such time as a successor is elected.

SECTION 3. This act shall take effect and be in force from and after July 1, 2017.