MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Judiciary, Division A
By: Senator(s) Barnett, Frazier, Jackson (11th), Jackson (32nd), Jordan, Simmons (13th), Witherspoon
AN ACT 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 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 47-7-49, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN OFFENDER SHALL MAKE HIS OR HER INITIAL PAYMENT FOR SUPERVISION FEES WITHIN 90 DAYS RATHER THAN 30 DAYS OF BEING RELEASED; TO PROVIDE CERTAIN CRITERIA FOR A DETERMINATION OF INDIGENCE FOR AN OFFENDER WHO IS UNABLE TO PAY 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 OR FINES IF A DETERMINATION OF INDIGENCE IS MADE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 2. 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 3. 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 * * * ninety (90) 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 so
states to the court in writing, under oath, and * * * a finding of indigence
is made by the court in writing.
(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, as provided under Section 85-3-1, shall not be considered. 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 arrears 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 arrears.
( * * *5) This section shall stand repealed
from and after June 30, * * *2018 2021.
SECTION 4. 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 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 5. This act shall take effect and be in force from and after its passage.