House Bill 1093

AN ACT TO AMEND SECTION 47-7-49, MISSISSIPPI CODE OF 1972, TO PROVIDE CERTAIN CRITERIA FOR THE DEPARTMENT OF CORRECTIONS OR THE SENTENCING COURT WHEN MAKING A DETERMINATION OF INDIGENCE FOR AN OFFENDER WHO IS UNABLE TO PAY HIS OR HER FIELD SUPERVISION FEES; TO EXTEND THE DATE OF REPEAL ON THIS SECTION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-7-49, Mississippi Code of 1972, is amended as follows:

47-7-49. (1) Any offender on probation, parole, earned-release supervision, post-release supervision, earned probation or any other offender under the field supervision of the Community Services Division of the department shall pay to the department the sum of Fifty-five Dollars ($55.00) per month by certified check or money order unless a * * *~~hardship waiver is granted~~ determination of indigence is made. An offender shall make the initial payment within thirty (30) days after being released from imprisonment unless a * * *~~hardship waiver is granted~~ determination of indigence is made. A * * *~~hardship waiver may~~ determination of indigence shall be granted by the sentencing court or the Department of Corrections to any individual meeting the requirements in subsection (3) of this section. * * * The commissioner or his designee shall deposit Fifty Dollars ($50.00) of each payment received into a special fund in the State Treasury, which is hereby created, to be known as the Community Service Revolving Fund. Expenditures from this fund shall be made for: (a) the establishment of restitution and satellite centers; and (b) the establishment, administration and operation of the department's Drug Identification Program and the intensive and field supervision program. The Fifty Dollars ($50.00) may be used for salaries and to purchase equipment, supplies and vehicles to be used by the Community Services Division in the performance of its duties. Expenditures for the purposes established in this section may be made from the fund upon requisition by the commissioner, or his designee.

Of the remaining amount, Three Dollars ($3.00) of each payment shall be deposited into the Crime Victims' Compensation Fund created in Section 99-41-29, and Two Dollars ($2.00) shall be deposited into the Training Revolving Fund created pursuant to Section 47-7-51. When a person is convicted of a felony in this state, in addition to any other sentence it may impose, the court may, in its discretion, order the offender to pay a state assessment not to exceed the greater of One Thousand Dollars ($1,000.00) or the maximum fine that may be imposed for the offense, into the Crime Victims' Compensation Fund created pursuant to Section 99-41-29.

Any federal funds made available to the department for training or for training facilities, equipment or services shall be deposited into the Correctional Training Revolving Fund created in Section 47-7-51. The funds deposited in this account shall be used to support an expansion of the department's training program to include the renovation of facilities for training purposes, purchase of equipment and contracting of training services with community colleges in the state.

No offender shall be required to make this payment for a period of time longer than ten (10) years.

(2) The offender may be imprisoned until the payments are made if the offender is financially able to make the payments and the court in the county where the offender resides so finds, subject to the limitations hereinafter set out. The offender shall not be imprisoned if the offender is financially unable to make the payments * * *~~and so states to~~ and a finding of indigence is made by the court in writing, under oath, and the court so finds.

(3) When determining whether a person is indigent, the Department of Corrections' Community Corrections Division or the court shall use the current Federal Poverty Guidelines and there shall be a presumption of indigence when a defendant's income is at or below one hundred twenty-five percent (125%) of the Federal Poverty Guidelines, subject to a review of his or her assets. An offender at or below one hundred twenty-five percent (125%) of the Federal Poverty Guidelines without substantial liquid assets available to pay fines, fees, and costs shall be deemed indigent. In determining whether an offender has substantial liquid assets, up to Ten Thousand Dollars ($10,000.00) in tangible personal property, including motor vehicles, household goods, or any other assets exempted from seizure under execution or attachment shall not be considered, as provided under Section 85-3-1. If the offender is above one hundred twenty-five percent (125%) of the Federal Poverty Guidelines, an individualized assessment of his or her ability to pay based on the totality of the circumstances shall be made, including, but not limited to, the offender's disposable income, financial obligations and liquid assets. If a determination of indigence is not made, and it is determined that the defendant could have made payment but refused to do so, the case file shall include a written explanation of the basis for the determination. In court, such finding shall be included in the court's order.

(4) Absent a finding of willful nonpayment using a determination of indigence, a probationer or parolee's failure to pay the monthly fees in arrearage shall not be deemed a violation of a condition of parole or probation, and the participant shall not be revoked for failure to pay the monthly fees in arrearage.

( * * *35) This section shall stand repealed from and after June 30, * * *~~2018~~ 2022.

SECTION 2. This act shall take effect and be in force from and after July 1, 2018.