House Bill 1529

AN ACT TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO CONVERT THE FOUR RESTITUTION CENTERS IN THE STATE TO POST-RELEASE REENTRY CENTERS; TO PROVIDE THAT THE POST-RELEASE REENTRY CENTERS SHALL BE FOR INDIVIDUALS WHO ARE ELIGIBLE FOR RELEASE, INCLUDING THOSE ELIGIBLE FOR PAROLE AND EARLY RELEASE SUPERVISION, IF SUCH INDIVIDUALS DO NOT HAVE IMMEDIATE ACCESS TO HOUSING UPON RELEASE; TO REQUIRE THE DEPARTMENT TO ADMINISTER SERVICES IN THE POST-RELEASE REENTRY CENTERS AS WELL AS OTHER FACILITIES THAT PROVIDE POST-RELEASE REENTRY SERVICES; TO REQUIRE THE DEPARTMENT TO ASSIST RESIDENTS OF THE CENTERS IN OBTAINING CERTAIN REENTRY NECESSITIES SUCH AS HOUSING, JOB SKILLS TRAINING AND DRIVER'S LICENSES; TO AMEND SECTION 45-33-35, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Department of Corrections shall convert the Greenwood Restitution Center, Flowood Restitution Center, Hinds County Restitution Center, and Pascagoula Restitution Center to post release reentry centers.

(2) Any person who is eligible for release, including parole and early release supervision, shall be eligible for placement in a post-release reentry center. Participation in a post-release reentry center is intended for those who do not have immediate access to housing or other support services upon release from incarceration. Residents of post-release reentry centers shall remain at a center for ninety (90) days or until other housing becomes available, whichever period is shorter. A person otherwise eligible for release from incarceration may not be detained due to their refusal to accept placement in a post-release reentry center. The residence restrictions provided in Section 45-33-25 shall not apply to post-release reentry centers regardless of the location of the center.

SECTION 2. (1) The Department of Corrections shall institute and administer services in Post-Release Reentry Centers at the facilities identified under Section 1 of this act and at other facilities which provide post-release reentry services.

(2) The Department of Corrections shall:

(a) Seek funding from federal or other sources to provide the maximum supportive services for residents and the families of residents who are participating in a post-release reentry program;

(b) Develop programs at post-release reentry centers through which residents are provided support, training, and connection to services necessary to contribute to society and the support of themselves and their families upon returning to local communities following incarceration; and

(c) Develop evidence-based pilot programs in furtherance of aiding personal growth and development, overcoming problematic behaviors, establishing a verified residency plan, and teaching skills to enhance the resident's quality of life and successful reentry into the community. The programs may be residential or nonresidential as appropriate.

(3) The Department of Corrections shall assist residents in obtaining:

(a) Counseling/case management services;

(b) Housing;

(d) State-issued driver's licenses or a state issued IDs should a driver's license be unobtainable;

(e) Health care services;

(f) Educational services;

(g) Cognitive behavioral programs;

(h) Drug and Alcohol treatment and recovery services; and

(i) Other community support services.

SECTION 3. Section 45-33-35, Mississippi Code of 1972, is amended as follows:

45-33-35. (1) The Mississippi Department of Public Safety shall maintain a central registry of sex offender information as defined in Section 45-33-25 and shall adopt rules and regulations necessary to carry out this section. The responsible agencies shall provide the information required in Section 45-33-25 on a form developed by the department to ensure accurate information is maintained.

(2) Upon conviction, adjudication or acquittal by reason of insanity of any sex offender, if the sex offender is not immediately confined or not sentenced to a term of imprisonment, the clerk of the court which convicted and sentenced the sex offender shall inform the person of the duty to register, including the duty to personally appear at a Department of Public Safety Driver's License Station, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the department.

(3) Before release from prison or placement on parole, supervised release or in a work center * * * ~~or restitution center~~, the Department of Corrections shall inform the person of the duty to register, including the duty to personally appear at a Department of Public Safety Driver's License Station, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.

(4) Before release from a community regional mental health center or from confinement in a mental institution following an acquittal by reason of insanity, the director of the facility shall inform the offender of the duty to register, including the duty to personally appear at a Department of Public Safety Driver's License Station, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.

(5) Before release from a youthful offender facility, the director of the facility shall inform the person of the duty to register, including the duty to personally appear at a Department of Public Safety Driver's License Station, and shall perform the registration duties as described in Section 45-33-23 and forward the information to the Department of Public Safety.

(6) In addition to performing the registration duties, the responsible agency shall:

(a) Inform the person having a duty to register that:

(i) The person is required to personally appear at a Department of Public Safety Driver's License Station at least ten (10) days before changing address.

(ii) Any change of address to another jurisdiction shall be reported to the department by personally appearing at a Department of Public Safety Driver's License Station not less than ten (10) days before the change of address. The offender shall comply with any registration requirement in the new jurisdiction.

(iii) The person must register in any jurisdiction where the person is employed, carries on a vocation, is stationed in the military or is a student.

(iv) Address verifications shall be made by personally appearing at a Department of Public Safety Driver's License Station within the required time period.

(v) Notification or verification of a change in status of a registrant's enrollment, employment or vocation at any public or private educational institution, including any secondary school, trade or professional institution, or institution of higher education shall be reported to the department by personally appearing at a Department of Public Safety Driver's License Station within three (3) business days of the change.

(vi) If the person has been convicted of a sex offense, the person shall notify any organization for which the person volunteers in which volunteers have direct, private or unsupervised contact with minors that the person has been convicted of a sex offense as provided in Section 45-33-32(1).

(vii) Upon any change of name or employment, a registrant is required to personally appear at a Department of Public Safety Driver's License Station within three (3) business days of the change.

(viii) Upon any change of vehicle information, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.

(ix) Upon any change of e mail address or addresses, instant message address or addresses or any other designation used in Internet communications, postings or telephone communications, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.

(x) Upon any change of information deemed to be necessary to the state's policy to assist local law enforcement agencies' efforts to protect their communities, a registrant is required to report the change on an appropriate form supplied by the department within three (3) business days of the change.

(b) Require the person to read and sign a form stating that the duty of the person to register under this chapter has been explained.

(c) Obtain or facilitate the obtaining of a biological sample from every registrant as required by this chapter if such biological sample has not already been provided to the Mississippi Forensics Laboratory.

(d) Provide a copy of the order of conviction or sentencing order to the department at the time of registration.

SECTION 4. This act shall take effect and be in force from and after July 1, 2020.