MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Judiciary B

By: Representative Blackmon

House Bill 1373

     AN ACT TO AMEND SECTION 99-15-103, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE INTENT OF THE PRE-TRIAL INTERVENTION ACT IS TO INCREASE ALTERNATIVES TO IMPRISONMENT FOR CERTAIN NONVIOLENT OFFENDERS; TO AMEND SECTION 99-15-105, MISSISSIPPI CODE OF 1972, TO AUTHORIZE A JUDGE AND THE DISTRICT ATTORNEY TO RECOMMEND AN OFFENDER FOR PARTICIPATION IN THE PRE-TRIAL PROGRAM; TO AMEND SECTIONS 99-15-109, 99-15-113 AND 99-15-107, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 99-15-103, Mississippi Code of 1972, is amended as follows:

     99-15-103.  (1)  Whereas, it is the intent of this act to  increase alternatives to imprisonment for certain nonviolent offenders and certain offenders who have not been convicted of drug trafficking. 

(2)  For purposes of Sections 99-15-101 through 99-15-127, the following words shall have the meaning ascribed herein unless the context shall otherwise require:

          (a)  "Prosecutorial discretion" means the power of the district attorney to consider all circumstances of criminal proceedings and to determine whether any legal action is to be taken and, if so taken, of what kind and degree and to what conclusion.

          (b)  "Noncriminal disposition" means the dismissal of a criminal charge without prejudice to the state to reinstate criminal proceedings on motion of the district attorney.

     SECTION 2.  Section 99-15-105, Mississippi Code of 1972, is amended as follows:

     99-15-105.  (1)  Each district attorney, with the consent of a circuit court judge of his district, shall have the prosecutorial discretion as defined herein and may as a matter of such prosecutorial discretion establish a pretrial intervention program in the circuit court districts. 

     (2)  A pre-trial intervention program shall be under the direct supervision and control of the district attorney. 

     (3)  An offender * * *must may make application to an intervention program, a judge may recommend such person to an intervention program, or a district attorney may recommend an offender to an intervention program within the time prescribed by the district attorney.

     SECTION 3.  Section 99-15-109, Mississippi Code of 1972, is amended as follows:

     99-15-109.  (1)  Intervention shall be appropriate only when:

          (a)  The offender is eighteen (18) years of age or older;

 * * *(b)  There is substantial likelihood that justice will be served if the offender is placed in an intervention program;

          ( * * *cb)  It is determined that the needs of the offender and the state can better be met outside the traditional criminal justice process;

          ( * * *dc)  It is apparent that the offender poses no threat to the community;

          ( * * *ed)  It appears that the offender is unlikely to be involved in further criminal activity;

 * * *(f)  The offender, in those cases where it is required, is likely to respond quickly to rehabilitative treatment;

  (g)  The offender has no significant history of prior delinquency or criminal activity;

          ( * * *he)  The offender has been indicted and is represented by an attorney, but if the offender is not represented by an attorney, the court shall determine whether the offender is indigent, and if the offender is indigent, the court shall appoint an attorney to represent the offender; and

          ( * * *if)  The court has determined that the office of district attorney or the Department of Corrections has sufficient support staff to administer such intervention program.

     (2)  When jurisdiction in a case involving a child is acquired by the circuit court pursuant to a transfer from the youth court, the provision of subsection (1)(a) of this section shall not be applicable.

     (3)  Notwithstanding any other provision of this section, in all criminal cases wherein an offender has been held in contempt of court for failure to pay fines or restitution, the offender may be placed in pretrial intervention for the purpose of collecting unpaid restitution and fines regardless of any prior criminal conviction, whether felony or misdemeanor.

     SECTION 4.  Section 99-15-113, Mississippi Code of 1972, is amended as follows:

     99-15-113.  Prior to any person's admittance to a pre-trial intervention program the victim, if any, of the crime for which the applicant is charged and the law enforcement agency employing the arresting officer shall be asked to comment in writing as to whether or not the applicant should be allowed to enter an intervention program.  In each case involving admission to an intervention program, the district attorney and a circuit court judge of his district * * *shall may consider the recommendations of the law enforcement agency and the victim, if any, in making a decision.

     SECTION 5.  Section 99-15-107, Mississippi Code of 1972, is amended as follows:

     99-15-107.  A person shall not be considered for intervention if he or she has been charged with any crime of violence pursuant to Section 97-3-2.  A person shall not be eligible for acceptance into the intervention program provided by Sections 99-15-101 through 99-15-127 if such person has been charged with a second or subsequent offense pertaining to trafficking in a controlled substance, as provided in Section 41-29-139(f).

     SECTION 6.  This act shall take effect and be in force from and after July 1, 2017.

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