MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Corrections

By: Representative Kinkade

House Bill 58

AN ACT TO AMEND SECTION 47-7-3.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CASE PLANS FOR PAROLE-ELIGIBLE INMATES SHALL BE FOR NONVIOLENT OFFENDERS CONVICTED ON OR AFTER JULY 1, 2014; TO AMEND SECTION 47-7-2, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  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 are nonviolent, as prescribed under Section 97-3-2, and who are 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 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 2.  Section 47-7-2, Mississippi Code of 1972, is amended as follows:

     47-7-2.  For purposes of this chapter, the following words shall have the meaning ascribed herein unless the context shall otherwise require:

          (a)  "Adult" means a person who is seventeen (17) years of age or older, or any person convicted of any crime not subject to the provisions of the youth court law, or any person "certified" to be tried as an adult by any youth court in the state.

          (b)  "Board" means the State Parole Board.

          (c)  "Parole case plan" means an individualized, written accountability and behavior change strategy developed by the department for nonviolent offenders who are convicted on or after July 1, 2014, in collaboration with the parole board to prepare offenders for release on parole at the parole eligibility date.  The case plan shall focus on the offender's criminal risk factors that, if addressed, reduce the likelihood of reoffending.

          (d)  "Commissioner" means the Commissioner of

Corrections.

          (e)  "Correctional system" means the facilities, institutions, programs and personnel of the department utilized for adult offenders who are committed to the custody of the department.

          (f)  "Criminal risk factors" means characteristics that increase a person's likelihood of reoffending.  These characteristics include:  antisocial behavior; antisocial personality; criminal thinking; criminal associates; dysfunctional family; low levels of employment or education; poor use of leisure and recreation; and substance abuse.

          (g)  "Department" means the Mississippi Department of Corrections.

          (h)  "Detention" means the temporary care of juveniles and adults who require secure custody for their own or the community's protection in a physically restricting facility prior to adjudication, or retention in a physically restricting facility upon being taken into custody after an alleged parole or probation violation.

          (i)  "Discharge plan" means an individualized written document that provides information to support the offender in meeting the basic needs identified in the pre-release assessment.  This information shall include, but is not limited to:  contact names, phone numbers, and addresses of referrals and resources.

          (j)  "Evidence-based practices" means supervision policies, procedures, and practices that scientific research demonstrates reduce recidivism.

          (k)  "Facility" or "institution" means any facility for the custody, care, treatment and study of offenders which is under the supervision and control of the department.

          (l)  "Juvenile," "minor" or "youthful" means a person less than seventeen (17) years of age.

          (m)  "Offender" means any person convicted of a crime or offense under the laws and ordinances of the state and its political subdivisions.

          (n)  "Pre-release assessment" means a determination of an offender's ability to attend to basic needs, including, but not limited to, transportation, clothing and food, financial resources, personal identification documents, housing, employment, education, and health care, following release.

          (o)  "Special meetings" means those meetings called by the chairman with at least twenty-four (24) hours' notice or a unanimous waiver of notice.

          (p)  "Supervision plan" means a plan developed by the community corrections department to manage offenders on probation and parole in a way that reduces the likelihood they will commit a new criminal offense or violate the terms of supervision and that increases the likelihood of obtaining stable housing, employment and skills necessary to sustain positive conduct.

          (q)  "Technical violation" means an act or omission by the probationer that violates a condition or conditions of probation placed on the probationer by the court or the probation officer.

          (r)  "Transitional reentry center" means a state-operated or state-contracted facility used to house offenders leaving the physical custody of the Department of Corrections on parole, probation or post-release supervision who are in need of temporary housing and services that reduce their risk to reoffend.

          (s)  "Unit of local government" means a county, city, town, village or other general purpose political subdivision of the state.

          (t)  "Risk and needs assessment" means the determination of a person's risk to reoffend using an actuarial assessment tool validated on Mississippi corrections populations and the needs that, when addressed, reduce the risk to reoffend.

     SECTION 3.  This act shall take effect and be in force from and after its passage.