Senate Bill 2651

AN ACT TO AMEND SECTION 9-23-15, MISSISSIPPI CODE OF 1972, TO EXPAND SCREENING OF POTENTIAL DRUG COURT PARTICIPANTS TO INCLUDE PERSONS PLACED ON EARNED-RELEASE SUPERVISION, PAROLE OR POST-RELEASE SUPERVISION; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 9-23-15, Mississippi Code of 1972, is amended as follows:

9-23-15. (1) In order to be eligible for alternative sentencing through a local drug 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.

(d) The participant cannot be currently charged with burglary of a dwelling under Section 97-17-23(2) or 97-17-37.

(e) 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.

(f) 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.

(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. The court may also provide services for individuals determined to be in need of reentry assistance pursuant to subsection (5) of this section.

(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. However, any person who meets the eligibility criteria in subsection (1) of this section shall, upon request, be screened for admission to drug court.

(5) Upon release from custody on earned-release supervision, parole or post-release supervision, an offender determined to be in need of specialized reentry supervision shall meet with the senior circuit court judge of his county of residence or that judge's designee, a representative from the local district attorney's office, a public defender serving the local problem-solving courts and the offender's probation/parole officer. The judge shall review the parole case plan or other report of the Mississippi Department of Corrections and determine if the person should be admitted to a drug court, veteran's court, mental health court or similar problem-solving court. To be admitted, the person must meet all qualifications for participation set forth in subsections (1) through (4) of this section. If the court determines the person is eligible for participation and should be admitted, the person shall have the option to enter the program. If the person enters the program, he or she shall be subject to all rules and regulations and have all rights and privileges of any other participant.

SECTION 2. This act shall take effect and be in force from and after July 1, 2019.