MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Judiciary, Division A
By: Senator(s) Barnett
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 47-7-40, 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) sixteen (16) 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 * * *
sixteen (16) 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 47-7-40, 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 the offender is indigent as calculated under Section 47-7-49(3).
(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 4. This act shall take effect and be in force from and after its passage.