MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Corrections

By: Senator(s) Jackson (32nd)

Senate Bill 2652

AN ACT TO AMEND SECTION 47-7-3.1, MISSISSIPPI CODE OF 1972, TO REMOVE THE TIME LIMITS WITHIN WHICH THE DEPARTMENT OF CORRECTIONS MUST DEVELOP AND SUBMIT PROGRESS REPORTS ON CASE PLANS FOR PAROLE-ELIGIBLE OFFENDERS; TO CLARIFY THAT THE ONLY OFFENDERS WHO MUST RECEIVE A CASE PLAN ARE THOSE PAROLE-ELIGIBLE OFFENDERS CONVICTED ON OR AFTER JULY 1, 2014; TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO PROMULGATE RULES AND REGULATIONS FOR DETERMINING AN OFFENDER'S COMPLIANCE WITH A CASE PLAN; 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 to guide * * *an the inmates' rehabilitation while in the department's custody and to reduce the likelihood of recidivism after release.  The provisions of this section related to case plans apply only to those parole-eligible inmates convicted on or after July 1, 2014.

     (2) * * *  Within ninety (90) days of admission,  The department shall complete a case plan on all parole-eligible 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.  The department shall promulgate rules and regulations establishing a method for determining an inmate's compliance with the case plan.

     (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 Parole Board shall be notified if the inmate fails to maintain compliance with the approved case plan.  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.  This act shall take effect and be in force from and after July 1, 2018.