Senate Bill 2273

AN ACT TO AMEND SECTION 47-7-40, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AND DIRECT THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO CONTRACT WITH THE MULTI-COUNTY COMMUNITY SERVICE AGENCY, INC., (MCCSA) TO IMPLEMENT A WORKFORCE PROGRAM TO ASSIST FORMERLY INCARCERATED INDIVIDUALS AGE 16 AND OVER TO DEVELOP NECESSARY SKILLS AND CERTIFICATIONS TO LOCATE EMPLOYMENT IN THE STATE OF MISSISSIPPI; AND FOR RELATED PURPOSES.

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

SECTION 1. 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 hardship waiver has been granted as provided 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.

(7) The Department of Corrections is authorized to contract with the Multi-County Community Service Agency, Inc., (MCCSA), a nonprofit entity located in Meridian, Mississippi, to provide services to formerly incarcerated individuals age sixteen (16) and over to become trained for the workforce by attaining education, certifications and/or a degree that allows the person to become employable. This contract shall cover the nine-county geographic area of East Central Mississippi served by MCCSA. New participants will be referred to partner agencies to enroll for services and be referred to General Education Diploma and community college programs for appropriate education services. The agency will adhere to participant eligibility and registration in the Mississippi Department of Employment Security (MSDES) work system where necessary. MCCSA shall be the fiscal agency for this project and shall employ a qualified program coordinator and a sufficient number of case managers.

SECTION 2. This act shall take effect and be in force from and after July 1, 2021.