MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary, Division A
By: Senator(s) Barnett
AN ACT TO AMEND SECTION 63-1-53, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AFTER CERTAIN NOTICE IS GIVEN TO A PERSON WHO FAILS TO TIMELY PAY ANY FINES, FEES AND ASSESSMENTS RELATING TO A TRAFFIC VIOLATION WITHIN 90 DAYS OF RECEIVING THE NOTICE, THEN THE PERSON SHALL BE SUBJECT TO HAVING THE FINES, FEES AND ASSESSMENTS COLLECTED BY A COURT RATHER THAN HAVING HIS OR HER LICENSE SUSPENDED; TO AMEND SECTION 63-1-52, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO AMEND SECTION 63-1-71, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT A PERSON'S LICENSE BE SUSPENDED FOR A CONTROLLED SUBSTANCE VIOLATION THAT IS UNRELATED TO OPERATING A MOTOR VEHICLE; TO AMEND SECTION 63-1-51, MISSISSIPPI CODE OF 1972, TO REMOVE THE OFFENSE OF CONTEMPT FOR FAILURE TO PAY A FINE OR FEE OR FAILURE TO RESPOND TO A SUMMONS OR CITATION RELATING TO A TRAFFIC VIOLATION AS A GROUNDS FOR REVOKING A PERSON'S LICENSE; TO BRING FORWARD SECTION 63-1-46, MISSISSIPPI CODE OF 1972, WHICH RELATES TO FEES FOR THE REINSTATEMENT OF LICENSES SUBSEQUENT TO SUSPENSION; TO CREATE THE MISSISSIPPI PARENTAL ACCOUNTABILITY COURT ACT AND TO PROVIDE THE GOALS OF THE PARENTAL ACCOUNTABILITY COURTS; TO DEFINE CERTAIN DEFINITIONS UNDER THE ACT; TO PROVIDE THAT THE ADMINISTRATIVE OFFICE OF COURTS SHALL BE RESPONSIBLE FOR CERTIFICATION AND MONITORING OF LOCAL PARENTAL ACCOUNTABILITY COURTS; TO ESTABLISH THE STATE PARENTAL ACCOUNTABILITY COURTS ADVISORY COMMITTEE, WHICH SHALL DEVELOP AND UPDATE PROPOSED STATEWIDE EVALUATION PLANS FOR MONITORING CRITICAL ASPECTS OF PARENTAL ACCOUNTABILITY COURTS; TO PROVIDE ELIGIBILITY CRITERIA FOR ALTERNATIVE SENTENCING THROUGH A LOCAL PARENTAL ACCOUNTABILITY COURT; TO PROVIDE THE DUTIES OF THE ADMINISTRATIVE OFFICE OF COURTS AS THEY RELATE TO THE ESTABLISHMENT OF ANY PARENTAL ACCOUNTABILITY COURT; TO AUTHORIZE CERTAIN FUNDING FOR SUCH COURT; TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE KNOWN AS THE PARENTAL ACCOUNTABILITY COURT FUND; TO AMEND SECTION 25-3-35, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SUPREME COURT JUSTICES AND CIRCUIT AND CHANCERY JUDGES SHALL PROMOTE JUDICIAL EDUCATION REGARDING PARENTAL ACCOUNTABILITY COURTS; TO AMEND SECTION 9-23-13, MISSISSIPPI CODE OF 1972, TO REQUIRE ALL DRUG COURTS TO MAKE AVAILABLE THE OPTION FOR PARTICIPANTS IN A DRUG COURT PROGRAM TO USE MEDICATION-ASSISTED TREATMENT WHILE PARTICIPATING IN A DRUG COURT PROGRAM; TO AMEND SECTION 9-23-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A JUDGE MAY AUTHORIZE A PERSON TO BE ELIGIBLE FOR ALTERNATIVE SENTENCING THROUGH A DRUG COURT IF HE OR SHE HAS BEEN CONVICTED OF BURGLARY OF AN UNOCCUPIED DWELLING; TO AMEND SECTION 47-7-33, MISSISSIPPI CODE OF 1972, TO REMOVE THE PROHIBITION AGAINST CIRCUIT AND COUNTY COURT JUDGES FROM SUSPENDING THE EXECUTION OF A SENTENCE OF IMPRISONMENT AFTER A DEFENDANT HAS BEGUN SERVING HIS OR HER SENTENCE FOR A CRIME, AS LONG AS SUCH CRIME DOES NOT IMPOSE A PENALTY FOR A LIFE SENTENCE OR A DEATH SENTENCE; TO AMEND SECTION 11-44-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON MAY SUBMIT A CLAIM FOR WRONGFUL CONVICTION AND IMPRISONMENT IF A PERSON WAS DETAINED WITHOUT A HEARING AND/OR TRIAL DATE THAT WAS SET IN ACCORDANCE WITH THE TIME LIMITS ESTABLISHED BY THE MISSISSIPPI RULES OF CRIMINAL PROCEDURE; TO AMEND SECTION 47-7-49, MISSISSIPPI CODE OF 1972, TO PROVIDE CERTAIN CRITERIA FOR A DETERMINATION OF INDIGENCE FOR AN OFFENDER WHO IS UNABLE TO PAY HIS OR HER FIELD SUPERVISION FEES AND TO EXTEND THE DATE OF REPEAL ON THIS SECTION; TO AMEND SECTION 47-7-40, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN OFFENDER SHALL NOT BE DENIED EARNED-DISCHARGE CREDITS SOLELY BASED ON NONPAYMENT OF FEES AND/OR FINES IF A DETERMINATION OF INDIGENCE IS MADE; TO PROHIBIT THE BRINGING OF A CAUSE OF ACTION AGAINST ANY EMPLOYER, GENERAL CONTRACTOR, PREMISES OWNER OR OTHER THIRD PARTY SOLELY FOR NEGLIGENT HIRING OR FAILING TO ADEQUATELY SUPERVISE AN EMPLOYEE, BASED ON EVIDENCE THAT THE EMPLOYEE WAS PREVIOUSLY CONVICTED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 63-1-53, Mississippi Code of 1972, is amended as follows:
63-1-53. (1) * * *
Upon failure of any person to pay timely
any fine, fee or assessment levied as a result of any violation of this title,
the clerk of the court shall give written notice to such person by United
States first-class mail at his last-known address advising the person that, if
within ninety (90) days after such notice is deposited in the mail, the person
has not paid the entire amount of all fines, fees and assessments levied, then
the court will pursue collection as for any other delinquent payment, and shall
be entitled to collection of all additional fees in accordance with subsection
(4) of this section.
(2) The commissioner is hereby authorized to suspend the license of an operator without preliminary hearing upon a showing by his records or other sufficient evidence that the licensee:
(a) Has committed an offense for which mandatory revocation of license is required upon conviction except under the provisions of the Mississippi Implied Consent Law;
(b) Has been involved as a driver in any accident resulting in the death or personal injury of another or serious property damage;
(c) Is an habitually reckless or negligent driver of a motor vehicle;
(d) Has been convicted with such frequency of serious offenses against traffic regulations governing the movement of vehicles as to indicate a disrespect for traffic laws and a disregard for the safety of other persons on the highways;
(e) Is incompetent to drive a motor vehicle;
(f) Has permitted an unlawful or fraudulent use of such license;
(g) Has committed an offense in another state which if committed in this state would be grounds for suspension or revocation; or
* * *
( * * *h) Has committed a violation for which
mandatory revocation of license is required upon conviction, entering a plea of
nolo contendere to, or adjudication of delinquency, pursuant to the provisions
of subsection (1) of Section 63-1-71.
(3) Notice that a person's license is suspended or will be suspended under subsection (2) of this section shall be given by the commissioner in the manner and at the time provided for under Section 63-1-52, and upon such person's request, he shall be afforded an opportunity for a hearing as early as practicable, but not to exceed twenty (20) days after receipt of such request in the county wherein the licensee resides unless the department and the licensee agree that such hearing may be held in some other county. Upon such hearing the commissioner, or his duly authorized agent, may administer oaths and may issue subpoenas for the attendance of witnesses and the production of relevant books and papers and may require a reexamination of the licensee. Upon such hearing the commissioner shall either rescind any order of suspension or, good cause appearing therefor, may extend any suspension of such license or revoke such license.
(4) If a licensee has not
paid all cash appearance bonds authorized under Section 99-19-3 or all fines,
fees or other assessments levied as a result of a violation of this title
within ninety (90) days * * *after the commissioner has suspended the license of a person under
subsection (2)(i) of this section of receiving notice of the
licensee's failure to pay all fines, fees or other assessments as provided in
subsection (1) of this section, the court is authorized to pursue
collection under Section 21-17-1(6) or 19-3-41(2) as for any other delinquent
payment, and shall be entitled to collection of all additional fees authorized
under those sections.
SECTION 2. Section 63-1-52, Mississippi Code of 1972, is amended as follows:
63-1-52. (1) Whenever the Commissioner of Public Safety suspends, cancels or revokes the driver's license or driving privileges of any person, notice of the suspension, cancellation or revocation shall be given to such person by the commissioner, or his duly authorized agent, in the manner provided in subsection (2) of this section and at the time provided in subsection (3) of this section or in the manner and at the time provided in subsection (4) of this section.
(2) Notice shall be given in the following manner:
(a) In writing, (i) by
United States Certificate of Mail; or (ii) by personal service at the person's
address as it appears on the driving record maintained by the Department of
Public Safety or at the person's last-known address; or (iii) by
personal notice being given by any law enforcement officer of this state or any
duly authorized agent of the Commissioner of Public Safety on forms prescribed
and furnished by the Commissioner of Public Safety; whenever a person's
driver's license or driving privileges are suspended, revoked or cancelled in
accordance with the Mississippi Driver License Compact Law, the Mississippi
Implied Consent Law, the Mississippi Motor Vehicle Safety Responsibility Law or * * * subsection (2)(c), (2)(d),
(2)(e) or (2)(f) of Section 63-1-53.
(b) In writing, by
United States first-class mail, whenever a person's driver's license or
driving privileges are suspended, revoked or cancelled in accordance with the
Mississippi Commercial Driver's License Law, the Youth Court Law, Chapter 23 of
Title 43, Mississippi Code of 1972, Section 63-1-45, Section 63-1-51, * * * subsection (2)(g) * * * of Section 63-1-53 or
Section 63-9-25.
(3) Notice shall be given at the following time:
(a) Before suspension,
revocation or cancellation, whenever a person's driver's license or driving
privileges are suspended, revoked or cancelled in accordance with the
Mississippi Driver License Compact Law, the Mississippi Motor Vehicle Safety
Responsibility Law or * * *
subsection (2)(c), (2)(d), (2)(e) or (2)(f) of Section 63-1-53.
(b) Unless otherwise
specifically provided for by law, at the time of suspension, revocation or
cancellation, whenever a person's driver's license or driving privileges are
suspended, revoked or cancelled in accordance with the Mississippi Commercial
Driver's License Law, the Mississippi Implied Consent Law, the Youth Court Law,
Chapter 23 of Title 43, Mississippi Code of 1972, Section 63-1-45, Section 63-1-51, * * * subsection (2)(g) * * * of Section 63-1-53 or
Section 63-9-25.
(4) Whenever the
Commissioner of Public Safety suspends, revokes or cancels the driver's license
or driving privileges of any person in accordance with some provision of law
other than a provision of law referred to in subsections (2) and (3) of this
section, and the manner and time for giving notice is not provided for in such
law, then notice of such suspension, revocation or cancellation shall be given
in the manner and at the time provided for under * * * subsections (2)(b) and (3)(b)
of this section.
SECTION 3. Section 63-1-71, Mississippi Code of 1972, is amended as follows:
63-1-71. (1) * * *
Notwithstanding the provisions of Section 63-11-30(2)(a)
and in addition to any penalty authorized by the Uniform Controlled Substances
Law or any other statute indicating the dispositions that can be ordered for an
adjudication of delinquency, every person convicted of driving under the
influence of a controlled substance, or entering a plea of nolo contendere
thereto, or adjudicated delinquent therefor, in a court of this state, and
every person convicted of driving under the influence of a controlled
substance, or entering a plea of nolo contendere thereto, or adjudicated
delinquent therefor, under the laws of the United States, another state, a
territory or possession of the United States, the District of Columbia or the
Commonwealth of Puerto Rico, shall forthwith forfeit his right to operate a
motor vehicle over the highways of this state for a period of not less than six
(6) months. In the case of any person who at the time of the imposition of
sentence does not have a driver's license or is less than fifteen (15) years of
age, the period of the suspension of driving privileges authorized herein shall
commence on the day the sentence is imposed and shall run for a period of not
less than six (6) months after the day the person obtains a driver's license or
reaches the age of fifteen (15) years. If the driving privilege of any person
is under revocation or suspension at the time of any conviction or adjudication
of delinquency for * * *
driving under the influence of a controlled substance, the revocation or
suspension period imposed herein shall commence as of the date of termination
of the existing revocation or suspension.
(2) The court in this state
before whom any person is convicted of or adjudicated delinquent for * * * driving under the influence of a controlled substance
shall collect forthwith the Mississippi driver's license of the person and
forward such license to the Department of Public Safety along with a report
indicating the first and last day of the suspension or revocation period
imposed pursuant to this section. If the court is for any reason unable to
collect the license of the person, the court shall cause a report of the
conviction or adjudication of delinquency to be filed with the Commissioner of
Public Safety. That report shall include the complete name, address, date of
birth, eye color and sex of the person and shall indicate the first and last
day of the suspension or revocation period imposed by the court pursuant to
this section. The court shall inform the person orally and in writing that if
the person is convicted of personally operating a motor vehicle during the
period of license suspension or revocation imposed pursuant to this section,
the person shall, upon conviction, be subject to the penalties set forth in
Section 63-11-40. A person shall be required to acknowledge receipt of the
written notice in writing. Failure to receive a written notice or failure to
acknowledge in writing the receipt of a written notice shall not be a defense
to a subsequent charge of a violation of Section 63-11-40. If the person is
the holder of a driver's license from another jurisdiction, the court shall not
collect the license but shall notify forthwith the Commissioner of Public
Safety who shall notify the appropriate officials in the licensing
jurisdiction. The court shall, however, in accordance with the provisions of
this section, revoke the person's nonresident driving privilege in this state.
(3) The county court or circuit court having jurisdiction, on petition, may reduce the suspension of driving privileges under this section if the denial of which would constitute a hardship on the offender. When the petition is filed, such person shall pay to the circuit clerk of the court where the petition is filed a fee of Twenty Dollars ($20.00) for each year, or portion thereof, of license revocation or suspension remaining under the original sentence, which shall be deposited into the State General Fund to the credit of a special fund hereby created in the State Treasury to be used for alcohol or drug abuse treatment and education, upon appropriation by the Legislature. This fee shall be in addition to any other court costs or fees required for the filing of petitions.
SECTION 4. Section 63-1-51, Mississippi Code of 1972, is amended as follows:
63-1-51. (1) It shall be the duty of the court clerk, upon conviction of any person holding a license issued pursuant to this article where the penalty for a traffic violation is as much as Ten Dollars ($10.00), to mail a copy of abstract of the court record or provide an electronically or computer generated copy of abstract of the court record immediately to the commissioner at Jackson, Mississippi, showing the date of conviction, penalty, etc., so that a record of same may be made by the Department of Public Safety. The commissioner shall forthwith revoke the license of any person for a period of one (1) year upon receiving a duly certified record of each person's convictions of any of the following offenses when such conviction has become final:
(a) Manslaughter or negligent homicide resulting from the operation of a motor vehicle;
(b) Any felony in the commission of which a motor vehicle is used;
(c) Failure to stop and render aid as required under the laws of this state in event of a motor vehicle accident resulting in the death or personal injury of another;
(d) Perjury or the willful making of a false affidavit or statement under oath to the department under this article or under any other law relating to the ownership or operation of motor vehicles;
(e) Conviction, or
forfeiture of bail not vacated, upon three (3) charges of reckless driving
committed within a period of twelve (12) months * * *.
* * *
(2) The commissioner shall revoke the license issued pursuant to this article of any person convicted of negligent homicide, in addition to any penalty now provided by law.
(3) In addition to the reasons specified in this section, the commissioner shall be authorized to suspend the license issued to any person pursuant to this article for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this article, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.
SECTION 5. Section 63-1-46, Mississippi Code of 1972, is brought forward as follows:
63-1-46. (1) (a) Except as otherwise provided in this section, a fee of One Hundred Dollars ($100.00) shall be charged for the reinstatement of a license issued under this article to every person whose license has been validly suspended, revoked or cancelled.
(b) The funds received under the provisions of this subsection shall be distributed as follows:
(i) Twenty-five Dollars ($25.00) shall be deposited into the State General Fund in accordance with Section 45-1-23;
(ii) Twenty-five Dollars ($25.00) shall be paid to the Board of Trustees of the Public Employees' Retirement System for funding the Mississippi Highway Safety Patrol Retirement System as provided under Section 25-13-7;
(iii) Twenty-five Dollars ($25.00) shall be deposited into the special fund created in Section 63-1-45(3) for purchases of equipment by the Mississippi Highway Safety Patrol; and
(iv) Twenty-five Dollars ($25.00) shall be deposited into the Interlock Device Fund created in Section 63-11-33.
(2) (a) A fee of One Hundred Seventy-five Dollars ($175.00) shall be charged for the reinstatement of a license issued under this article to every person whose license has been validly suspended or revoked under the provisions of the Mississippi Implied Consent Law or as a result of a conviction of a violation of the Uniform Controlled Substances Law under the provisions of Section 63-1-71.
(b) The funds received under the provisions of this subsection shall be distributed as follows:
(i) One Hundred Dollars ($100.00) shall be deposited into the State General Fund in accordance with Section 45-1-23;
(ii) Twenty-five Dollars ($25.00) shall be paid to the Board of Trustees of the Public Employees' Retirement System for funding the Mississippi Highway Safety Patrol Retirement System as provided under Section 25-13-7;
(iii) Twenty-five Dollars ($25.00) shall be deposited into the special fund created in Section 63-1-45(3) for purchases of equipment by the Mississippi Highway Safety Patrol; and
(iv) Twenty-five Dollars ($25.00) shall be deposited into the Interlock Device Fund created in Section 63-11-33.
(3) (a) A fee of Twenty-five Dollars ($25.00) shall be charged for the reinstatement of a license issued under this article to every person whose license has been validly suspended for nonpayment of child support under the provisions of Sections 93-11-151 through 93-11-163. The funds received under the provisions of this subsection shall be deposited into the State General Fund in accordance with Section 45-1-23.
(b) The procedure for the reinstatement of a license issued under this article that has been suspended for being out of compliance with an order for support, as defined in Section 93-11-153, and the payment of any fees for the reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.
(4) A fee of Twenty-five Dollars ($25.00) will be charged for the reinstatement of a license that was suspended due to payment by a draft or other instrument that is dishonored by the payor.
(5) All reinstatement fees charged under this section shall be in addition to the fees prescribed in Section 63-1-43.
SECTION 6. This chapter shall be known and may be cited as the Mississippi Parental Accountability Court Act.
SECTION 7. (1) The Legislature recognizes the importance of noncustodial parents continuing to support their children by remaining current on their child support payments and the need for judicial intervention to establish court processes and procedures that are more responsive to the needs of noncustodial parents, while maintaining public safety and the integrity of the court process. It is the intent of the Legislature to facilitate local parental accountability court alternatives that are adaptable to chancery, circuit, county, youth, municipal and justice courts.
(2) The goals of the parental accountability courts under this chapter include the following:
(a) Reducing the number of incarcerated noncustodial parents that fall behind on their child support payments;
(b) Increasing support provided to the children of the state;
(c) Strengthening families by providing noncustodial parents additional opportunities to support and build relationships with their children;
(d) Maintaining and increasing employment by allowing these parents to find work to support their families; and
(e) Using corrections resources more effectively by redirecting offenders with child support obligations to the parental accountability court.
SECTION 8. For the purposes of this chapter, the following words and phrases shall have the meanings as defined in this section unless the context clearly requires otherwise:
(a) "Crime of violence" means an offense listed in Section 97-3-2.
(b) "Parental accountability court" means a diversion program prioritizing job training and placement for defendants who are noncustodial parents that:
(i) Utilizes existing job training resources, job placement programs, and judicial oversight; and
(ii) Adopts the best practices of extant parental accountability courts in other states, as identified by the Administrative Office of Courts.
(c) "Evidence-based practices" means supervision policies, procedures and practices that scientific research demonstrates a reduction in the rate of recidivism.
(d) "Risk and needs assessment" means the use of an actuarial assessment tool validated on a Mississippi corrections population to determine a person's risk to reoffend and the characteristics that, if addressed, reduce the risk to reoffend.
SECTION 9. The Administrative Office of Courts shall be responsible for certification and monitoring of local parental accountability courts according to standards promulgated by the State Parental Accountability Courts Advisory Committee.
SECTION 10. (1) The State Parental Accountability Courts Advisory Committee is established to develop and periodically update proposed statewide evaluation plans and models for monitoring all critical aspects of parental accountability courts. The committee shall provide the proposed evaluation plans to the Chief Justice of the Supreme Court and the Administrative Office of Courts. The committee shall be chaired by the Director of the Administrative Office of Courts and shall consist of not less than seven (7) members nor more than eleven (11) members appointed by the Supreme Court and shall include members representing the courts, Department of Human Services, the workforce development community, law enforcement, corrections, and Child Protective Services.
(2) The State Parental Accountability Courts Advisory Committee may also make recommendations to the Chief Justice of the Supreme Court, the Director of the Administrative Office of Courts and state officials concerning improvements to parental accountability court policies and procedures including the parental accountability court certification process. The committee may make suggestions as to the criteria for eligibility and other procedural and substantive guidelines for parental accountability court operation.
(3) The State Parental Accountability Courts Advisory Committee shall act as arbiter of disputes arising out of the operation of parental accountability courts established under this chapter and make recommendations to improve the parental accountability courts. The committee shall also make recommendations to the Supreme Court that are necessary and incident to comply with established rules.
(4) The State Parental Accountability Courts Advisory Committee shall establish through rules and regulations a viable and fiscally responsible plan to expand the number of parental accountability court programs operating in Mississippi. These rules and regulations shall include plans to increase participation in existing and future programs.
(5) The State Parental Accountability Courts Advisory Committee shall receive and review the monthly reports submitted to the Administrative Office of Courts by each certified parental accountability court and provide comments and make recommendations, as necessary, to the Chief Justice of Supreme Court and the Director of the Administrative Office of Courts.
SECTION 11. (1) The Administrative Office of Courts shall establish, implement and operate a uniform certification process for all parental accountability courts to ensure that funding for parental accountability courts supports effective and proven practices that reduce recidivism and provide treatment for their participants.
(2) (a) The Administrative Office of Courts shall establish a certification process that ensures any new or existing parental accountability court meets minimum standards for parental accountability court operation.
(b) The standards prescribed under paragraph (a) of this subsection shall include, but are not limited to:
(i) The use of evidence-based practices including, but not limited to, the use of a valid and reliable risk and needs assessment tool to identify participants and deliver appropriate services;
(ii) The use of current, evidence-based interventions proven to provide services;
(iii) Coordinated strategy between all parental accountability court program personnel;
(iv) Ongoing judicial interaction with each participant; and
(v) Monitoring and evaluation of parental accountability court program implementation and outcomes through data collection and reporting.
(c) Parental accountability court certification applications shall include:
(i) A description of the need for the parental accountability court;
(ii) The targeted population for the parental accountability court;
(iii) The eligibility criteria for parental accountability court participants;
(iv) A description of the process for identifying appropriate participants including the use of a risk and needs assessment;
(v) A description of the parental accountability court service components including anticipated budget and implementation plan;
(vi) The data collection plan, which shall include collecting the following data:
1. Total number of participants;
2. Total number of successful participants;
3. Total number of unsuccessful participants and the reason why each participant did not complete the program;
4. Total number of participants who were arrested for a new criminal offense while in the parental accountability court program;
5. Total number of participants who were convicted of a new felony or misdemeanor offense while in the parental accountability court program;
6. Total number of participants who committed at least one (1) violation while in the parental accountability court program and the resulting sanction(s);
7. Results of the initial risk and needs assessment or other clinical assessment conducted on each participant;
8. The amount of child support payments made by participants; and
9. Any other data or information as required by the Administrative Office of Courts.
(d) Every parental accountability court shall be certified under the following schedule:
(i) A parental accountability court application submitted on or after July 1, 2018, shall require certification of the parental accountability court based on the proposed parental accountability court plan;
(ii) A parental accountability court established on or after July 1, 2018, must be recertified after its second year of funded operation;
(iii) A parental accountability court in existence by July 1, 2018, must submit a certification petition by July 1, 2019, and be certified under the requirements of this section before expending parental accountability court resources budgeted for fiscal year 2020; and
(iv) All parental accountability courts shall submit a re-certification petition every two (2) years to the Administrative Office of Courts after the initial certification.
(3) All certified parental accountability courts shall measure successful completion of the parental accountability court based on those participants who complete the program without a new criminal conviction.
(4) (a) All certified parental accountability courts must collect and submit to the Administrative Office of Courts each month, the following data:
(i) Total number of participants at the beginning of the month;
(ii) Total number of participants at the end of the month;
(iii) Total number of participants who began the program in the month;
(iv) Total number of participants who successfully completed the parental accountability court in the month;
(v) Total number of participants who left the program in the month;
(vi) Total number of participants who were arrested for a new criminal offense while in the parental accountability court program in the month;
(vii) Total number of participants who were convicted for a new criminal arrest while in the parental accountability court program in the month;
(viii) Total number of participants who committed at least one (1) violation while in the parental accountability court program and any resulting sanction(s); and
(ix) Total amount of child support payments made by participants in the month.
(b) By August 1, 2019, and each year thereafter, the Administrative Office of Courts shall report to the PEER Committee the information in paragraph (a) of this subsection in a sortable, electronic format.
(5) All certified parental accountability courts may individually establish rules and may make special orders and rules as necessary that do not conflict with the rules promulgated by the Supreme Court or the Administrative Office of Courts.
(6) A certified parental accountability court may appoint the full or part-time employees that it deems necessary for the work of the parental accountability court and shall fix the compensation of those employees. Those employees shall serve at the will and pleasure of the judge or the judge's designee.
(7) The Administrative Office of Courts shall promulgate rules and regulations to carry out the certification and recertification process and make any other policies not inconsistent with this section to carry out this process.
(8) A certified parental accountability court established under this chapter is subject to the regulatory powers of the Administrative Office of Courts as set forth in this chapter.
SECTION 12. (1) In order to be eligible for alternative sentencing through a local parental accountability court, the participant must satisfy each of the following criteria:
(a) The participant cannot have any felony convictions for any offenses that are crimes of violence as defined in Section 97-3-2 within the previous ten (10) years.
(b) The crime before the court cannot be a crime of violence as defined in Section 97-3-2.
(c) Other criminal proceedings alleging commission of a crime of violence cannot be pending against the participant.
(d) The crime before the court cannot be a charge of driving under the influence of alcohol or any other drug or drugs that resulted in the death of a person.
(2) Participation in the services of a job services component shall be open only to the individuals over whom the court has jurisdiction, except that the court may agree to provide the services for individuals referred from another parental accountability court. In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.
(3) A person does not have a right to participate in parental accountability court under this chapter. The court having jurisdiction over a person for a matter before the court shall have the final determination about whether the person may participate in parental accountability court under this chapter.
SECTION 13. With regard to any parental accountability court established under this chapter, the Administrative Office of Courts shall do the following:
(a) Certify and re-certify parental accountability court applications that meet standards established by the Administrative Office of Courts in accordance with this chapter.
(b) Revoke the authorization of a program upon a determination that the program does not comply with rules adopted under this section and applicable federal regulations.
(c) Make agreements and contracts to effectuate the purposes of this chapter with:
(i) Another department, authority or agency of the state;
(ii) Another state;
(iii) The federal government;
(iv) A state-supported or private university; or
(v) A public or private agency, foundation, corporation or individual.
(d) Directly, or by contract, approve and certify any treatment component established under this chapter.
(e) Require, as a condition of operation, that each parental accountability court created or funded under this chapter be certified by the Administrative Office of Courts.
(f) Collect monthly data reports submitted by all certified parental accountability courts, provide those reports to the State Parental Accountability Courts Advisory Committee, compile an annual report summarizing the data collected and the outcomes achieved by all certified parental accountability courts and submit the annual report to the Supreme Court, the Legislature and the Governor.
(g) Every three (3) years, contract with an external evaluator to conduct an evaluation of the effectiveness of the parental accountability court program, both statewide and individual parental accountability court programs, in complying with the key components of the parental accountability courts.
(h) Adopt rules to implement this chapter.
SECTION 14. (1) A parental accountability court may apply for and receive the following:
(a) Gifts, bequests and donations from private source.
(b) Grant and contract monies from governmental sources.
(c) Other forms of financial assistance approved by the court to supplement the budget of the parental accountability court.
(2) All monies received from any of these sources by the parental accountability court shall be deposited in a fund to be used only for parental accountability court purposes. Any funds remaining in this fund at the end of a fiscal year shall not lapse into any general fund, but shall be retained in the parental accountability court fund for the funding of further activities by the parental accountability court.
(3) The costs of participation in any programs required by the certified parental accountability court may be paid by the participant or out of user fees or such other state, federal or private funds that may, from time to time, be made available.
(4) The court shall work with the Department of Human Services to set up a payment schedule assisting the noncustodial parent with meeting their child support payment obligations.
(5) The court may assess such reasonable and appropriate fees to be paid to the local parental accountability court fund for participation in the program. Such fees shall be calculated based on an individualized inquiry into each participant's obligations and their income.
SECTION 15. The director and members of the professional and administrative staff of the parental accountability court who perform duties in good faith under this chapter are immune from civil liability for:
(a) Acts or omissions in providing services under this chapter; and
(b) The reasonable exercise of discretion in determining eligibility to participate in the parental accountability court.
SECTION 16. If the participant completes all requirements imposed upon him or her by the parental accountability court, including the payment of fines and fees assessed, the charge and prosecution shall be dismissed. If the defendant or participant was sentenced at the time of entry of a plea of guilty, the successful completion of the parental accountability court order and other requirements of probation or suspension of sentence will result in the record of the criminal conviction or adjudication being expunged. However, no expunction of any implied consent violation shall be allowed.
SECTION 17. There is created in the State Treasury a special fund to be known as the Parental Accountability Court Fund. The purpose of the fund shall be to provide supplemental funding to all parental accountability courts in the state. Monies from the funds derived from assessments under Section 99-19-73 shall be expended by the Administrative Office of Courts, upon appropriation by the Legislature, pursuant to procedures set by the State Parental Accountability Courts Advisory Committee to assist the parental accountability courts in the state. Funds from other sources shall be distributed to the parental accountability courts in the state based on a formula set by the State Parental Accountability Courts Advisory Committee.
The fund shall consist of: (a) monies appropriated by the Legislature for the purposes of funding parental accountability courts; (b) the interest accruing to the fund; (c) monies received under the provisions of Section 99-19-73; (d) monies received from the federal government; and (e) monies received from such other sources as may be provided by law. Monies remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund.
SECTION 18. Section 25-3-35, Mississippi Code of 1972, is amended as follows:
25-3-35. (1) The annual salaries of the following judges are fixed as follows:
From and after January 1, 2013, through December 31, 2013:
Chief Justice of the Supreme Court............. $126,292.50
Presiding Justices of the Supreme Court, each.. 123,600.75
Associate Justices of the Supreme Court, each.. 122,460.00
From and after January 1, 2014, through December 31, 2014:
Chief Justice of the Supreme Court............. $137,195.00
Presiding Justices of the Supreme Court, each.. 134,011.50
Associate Justices of the Supreme Court, each.. 132,390.00
From and after January 1, 2015, through December 31, 2015:
Chief Justice of the Supreme Court............. $148,097.50
Presiding Justices of the Supreme Court, each.. 144,422.25
Associate Justices of the Supreme Court, each.. 142,320.00
From and after January 1, 2016:
Chief Justice of the Supreme Court............. $159,000.00
Presiding Justices of the Supreme Court, each.. 154,833.00
Associate Justices of the Supreme Court, each......152,250.00
There are imposed upon the Supreme Court justices the extra duties of taking all necessary action to promote judicial education in schools, drug courts, parental accountability courts, electronic filing and case management systems as developed by the Administrative Office of Courts, or such other additional duties as may be assigned by the Chief Justice of the Supreme Court. For such extra services each justice, from and after January 1, 2013, shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (1).
The fixed salaries in this subsection (1) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than: One Hundred Fifteen Thousand Three Hundred Ninety Dollars ($115,390.00) of the Chief Justice's salary in this subsection (1), One Hundred Thirteen Thousand One Hundred Ninety Dollars ($113,190.00) of the salary of a presiding justice in this subsection (1), and One Hundred Twelve Thousand Five Hundred Thirty Dollars ($112,530.00) of the salary of an associate justice in this subsection (1) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of the Chief Justice, a presiding justice and an associate justice to the levels set forth in this subsection (1).
The fixed salaries as specified in this subsection (1) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(2) The annual salaries of the judges of the Court of Appeals of Mississippi are fixed as follows:
From and after January 1, 2013, through December 31, 2013:
Chief Judge of the Court of Appeals............ $117,992.00
Associate Judges of the Court of Appeals, each. 114,994.25
From and after January 1, 2014, through December 31, 2014:
Chief Judge of the Court of Appeals............ $127,854.00
Associate Judges of the Court of Appeals, each. 124,938.50
From and after January 1, 2015, through December 31, 2015:
Chief Judge of the Court of Appeals............ $137,716.00
Associate Judges of the Court of Appeals, each. 134,882.75
From and after January 1, 2016:
Chief Judge of the Court of Appeals...............$147,578.00
Associate Judges of the Court of Appeals, each. 144,827.00
From and after January 1, 2013, each judge shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (2).
The fixed salaries in this subsection (2) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than One Hundred Eight Thousand One Hundred Thirty Dollars ($108,130.00) of the Chief Judge's salary in this subsection (2) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the Chief Judge's salary to the level set forth in this subsection (2). No less than One Hundred Five Thousand Fifty Dollars ($105,050.00) of the salary of an associate judge in this subsection (2) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of an associate judge to the level set forth in this subsection (2).
The fixed salaries as specified in this subsection (2) shall be the exclusive and total compensation which can be reported to the Public Employees' Retirement System for retirement purposes; however, any judge in office on December 31, 2003, may continue to report his expense allowance as part of his compensation for retirement purposes.
(3) The annual salaries of the chancery and circuit court judges are fixed as follows:
From and after January 1, 2013, through December 31, 2013:
Chancery Judges, each.......................... $112,127.50
Circuit Judges, each........................... 112,127.50
From and after January 1, 2014, through December 31, 2014:
Chancery Judges, each.......................... $120,085.00
Circuit Judges, each........................... 120,085.00
From and after January 1, 2015, through December 31, 2015:
Chancery Judges, each.......................... $128,042.50
Circuit Judges, each........................... 128,042.50
From and after January 1, 2016:
Chancery Judges, each.......................... $136,000.00
Circuit Judges, each........................... 136,000.00
In addition to their present official duties, the circuit and chancery judges shall take necessary action to promote judicial education in schools, drug courts, parental accountability courts, electronic filing and case management systems as developed by the Administrative Office of Courts, or such other additional duties as may be assigned by the Chief Justice of the Supreme Court. For such extra services each judge, from and after January 1, 2013, shall receive a sum sufficient to aggregate, per annum, the salaries set forth in this subsection (3).
The fixed salaries in this subsection (3) shall be paid from the State General Fund and from the Judicial System Operation Fund created under Section 9-21-45. No less than One Hundred Four Thousand One Hundred Seventy Dollars ($104,170.00) of the salary of a chancery or circuit Judge in this subsection (3) shall be paid from general fund monies; in addition, the Legislature shall appropriate annually from the Judicial System Operation Fund a sum sufficient to increase the salary of a chancery or circuit judge to the levels set forth in this subsection (3).
(4) From and after January 1, 2019, and every four (4) years thereafter, the annual salaries of the judges in subsections (1), (2) and (3) shall be fixed at the level of compensation recommended by the State Personnel Board according to the board's most recent report on judicial salaries, as required under Section 25-9-115, to the extent that sufficient funds are available. The annual salaries fixed in accordance with this subsection (4) shall not become effective until the commencement of the next immediately succeeding term of office.
(5) The Supreme Court shall prepare a payroll for chancery judges and circuit judges and submit such payroll to the Department of Finance and Administration.
(6) The annual salary of the full-time district attorneys shall be:
From and after January 1, 2013, through December 31, 2013:
One Hundred Three Thousand Three Hundred Twenty-two Dollars ($103,322.00).
From and after January 1, 2014, through December 31, 2014:
One Hundred Ten Thousand Eight Hundred Forty-eight Dollars ($110,848.00).
From and after January 1, 2015, through December 31, 2015:
One Hundred Eighteen Thousand Three Hundred Seventy-four Dollars ($118,374.00).
From and after January 1, 2016:
One Hundred Twenty-five Thousand Nine Hundred Dollars ($125,900.00).
(7) The annual salary of the full-time legal assistants shall be not less than Fifteen Thousand Dollars ($15,000.00) nor more than eighty percent (80%) of the salary of the district attorney for legal assistants who have been licensed to practice law for five (5) years or less; eighty-five percent (85%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least five (5) years but less than fifteen (15) years; and ninety percent (90%) of the salary of the district attorney for legal assistants who have been licensed to practice law for at least fifteen (15) years or more.
SECTION 19. Section 9-23-13, Mississippi Code of 1972, is amended as follows:
9-23-13. (1) A drug court's alcohol and drug intervention component shall provide for eligible individuals, either directly or through referrals, a range of necessary court intervention services, including, but not limited to, the following:
(a) Screening using a valid and reliable assessment tool effective for identifying alcohol and drug dependent persons for eligibility and appropriate services;
(b) Clinical assessment;
(c) Education;
(d) Referral;
(e) Service coordination and case management; and
(f) Counseling and rehabilitative care.
(2) Any inpatient treatment or inpatient detoxification program ordered by the court shall be certified by the Department of Mental Health, other appropriate state agency or the equivalent agency of another state.
(3) In accordance with the recommendations of the National Drug Court Institute to combat the opioid epidemic, all drug courts shall make available the option for participants to use medication-assisted treatment while participating in the drug court program.
SECTION 20. Section 9-23-15, Mississippi Code of 1972, is amended as follows:
9-23-15. (1) (a) In order to be eligible for alternative sentencing through a local drug court, the participant must satisfy each of the following criteria:
( * * *i) The participant cannot have any
felony convictions for any offenses that are crimes of violence as defined in
Section 97-3-2 within the previous ten (10) years, except as provided in
paragraph (b) of this subsection.
( * * *ii) The crime before the court cannot
be a crime of violence as defined in Section 97-3-2, except as provided in
paragraph (b) of this subsection.
( * * *iii) Other criminal proceedings
alleging commission of a crime of violence cannot be pending against the
participant.
( * * *iv) The participant cannot be
currently charged with burglary of a dwelling under Section 97-17-23(2) or 97-17-37.
( * * *v) The crime before the court cannot
be a charge of driving under the influence of alcohol or any other drug or
drugs that resulted in the death of a person.
( * * *vi) The crime charged cannot be one of
trafficking in controlled substances under Section 41-29-139(f), nor can the
participant have a prior conviction for same.
(b) A judge, in his or her discretion, may authorize a person who has been charged, convicted or who is before the court for burglary of an unoccupied dwelling under Section 97-17-23(1) for eligible participation for alternative sentencing through a local drug court.
(2) Participation in the services of an alcohol and drug intervention component shall be open only to the individuals over whom the court has jurisdiction, except that the court may agree to provide the services for individuals referred from another drug court. In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.
(3) (a) As a condition of participation in a drug court, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the drug court. A participant is liable for the costs of all chemical tests required under this section, regardless of whether the costs are paid to the drug court or the laboratory; however, if testing is available from other sources or the program itself, the judge may waive any fees for testing.
(b) A laboratory that performs a chemical test under this section shall report the results of the test to the drug court.
(4) A person does not have a right to participate in drug court under this chapter. The court having jurisdiction over a person for a matter before the court shall have the final determination about whether the person may participate in drug court under this chapter.
SECTION 21. 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 family.
SECTION 22. Section 11-44-3, Mississippi Code of 1972, is amended as follows:
11-44-3. (1) In order to present an actionable claim for wrongful conviction and imprisonment under this chapter, a claimant must establish by documentary evidence that:
(a) The claimant has been convicted of one or more felonies and subsequently sentenced to a term of imprisonment and has served all or any part of the sentence;
(b) On grounds not inconsistent with innocence:
(i) The claimant was pardoned for the felony or felonies for which sentenced and which are the grounds for the complaint and the pardon is based on the innocence of the claimant which must be affirmatively stated in the pardon; or
(ii) The judgment of conviction was vacated and/or reversed;
(c) If there was a vacatur or reversal, either the accusatory instrument was dismissed or nol prossed; or if a new trial was held, the defendant was found not guilty;
(d) The claimant's claim is not time-barred by the provisions of this chapter; and
(e) The claimant did not intentionally waive any appellate or post-conviction remedy otherwise available in order to benefit under this chapter.
(2) The claim shall be verified by the claimant.
(3) If the court finds after reading the claim that the claimant has not demonstrated the foregoing, it shall dismiss the claim, either on its own motion or on the state's motion. This dismissal shall be without prejudice to allow adequate refiling within ninety (90) days.
A claim may also be submitted under this chapter for individuals who were detained without a hearing and/or trial date set in accordance with the time limits established by the Mississippi Rules of Criminal Procedure, and the jurisdiction responsible for the wrongful detention shall be liable for compensation due these claims.
SECTION 23. 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 * * * determination of indigence is made. An
offender shall make the initial payment within thirty (30) days after being released
from imprisonment unless a * * * 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 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.
( * * *5) This section shall stand repealed
from and after June 30, * * *2018 2021.
SECTION 24. Section 47-7-40, Mississippi Code of 1972, is amended as follows:
47-7-40. (1) The commissioner shall establish rules and regulations for implementing the earned-discharge program that allows offenders on probation and parole to reduce the period of supervision for complying with conditions of probation. The department shall have the authority to award earned-discharge credits to all offenders placed on probation, parole, or post-release supervision who are in compliance with the terms and conditions of supervision. An offender serving a Mississippi sentence for an eligible offense in any jurisdiction under the Interstate Compact for Adult Offender Supervision shall be eligible for earned-discharge credits under this section. Offenders shall not be denied earned-discharge credits solely based on nonpayment of fees and/or fines if a determination of indigence can be made, according to the guidelines in Section 47-7-49.
(2) For each full calendar month of compliance with the conditions of supervision, earned-discharge credits equal to the number of days in that month shall be deducted from the offender's sentence discharge date. Credits begin to accrue for eligible offenders after the first full calendar month of compliance supervision conditions. For the purposes of this section, an offender is deemed to be in compliance with the conditions of supervision if there was no violation of the conditions of supervision.
(3) No earned-discharge credits may accrue for a calendar month in which a violation report has been submitted, the offender has absconded from supervision, the offender is serving a term of imprisonment in a technical violation center, or for the months between the submission of the violation report and the final action on the violation report by the court or the board.
(4) Earned-discharge credits shall be applied to the sentence within thirty (30) days of the end of the month in which the credits were earned. At least every six (6) months, an offender who is serving a sentence eligible for earned-discharge credits shall be notified of the current sentence discharge date.
(5) Once the combination of time served on probation, parole or post-release supervision, and earned-discharge credits satisfy the term of probation, parole, or post-release supervision, the board or sentencing court shall order final discharge of the offender. No less than sixty (60) days prior to the date of final discharge, the department shall notify the sentencing court and the board of the impending discharge.
(6) The department shall provide semiannually to the Oversight Task Force the number and percentage of offenders who qualify for earned-discharge in one or more months of the year and the average amount of credits earned within the year.
SECTION 25. For purposes of this chapter, the following words shall have the meanings ascribed herein unless the context clearly otherwise requires:
(a) "Employee" means a person other than an independent contractor who, for compensation, performs services for an employer under a written or oral contract for hire, whether express or implied.
(b) "Independent contractor" has the same meaning as provided in Section 71-3-3.
SECTION 26. (1) A cause of action may not be brought against an employer, general contractor, premises owner, or other third party solely for negligently hiring or failing to adequately supervise an employee, based on evidence that the employee has been convicted of an offense.
(2) This section does not preclude a cause of action for negligent hiring or the failure of an employer, general contractor, premises owner, or other third party to provide adequate supervision of an employee, if:
(a) The employer, general contractor, premises owner, or other third party knew or should have known of the conviction; and
(b) The employee was convicted of:
(i) An offense that was committed while performing duties substantially similar to those reasonably expected to be performed in the employment, or under conditions substantially similar to those reasonably expected to be encountered in the employment, without regard to whether the occupation requires a license;
(ii) Any crime of violence as defined by Section 97-3-2.
(3) The protections provided to an employer, general contractor, premises owner, or third party under this section do not apply in a suit concerning the misuse of funds or property of a person other than the employer, general contractor, premises owner, or third party by an employee if, on the date the employee was hired, the employee had been convicted of a crime that includes fraud or the misuse of funds or property as an element of the offense, and it was foreseeable that the position for which the employee was hired would involve discharging a fiduciary responsibility in the management of funds or property.
(4) This section does not create a cause of action or expand an existing cause of action.
SECTION 27. Sections 6 through 17 of this act shall be codified as a new chapter in Title 9, Mississippi Code of 1972.
SECTION 28. This act shall take effect and be in force from and after July 1, 2018.