HB0907_S_Cmte_Amend

SECTION 1. This act shall be known and may be cited as the "Reentry Court Act of 2022."

SECTION 2. For purposes of this act, the following words shall have the meanings ascribed herein unless the context otherwise requires:

(a) "MDOC" means the Mississippi Department of Corrections.

(b) "Offender Rehabilitation and Workforce Development Program" or "program" means the Offender Rehabilitation and Workforce Development Program established by MDOC under Section 4(1) of this act.

SECTION 3. (1) (a) Any Senior Circuit Court Judge of a Circuit Court District in the state may establish a pilot reentry court in his or her district.

(b) Any reentry court shall have the jurisdiction over a defendant necessary to effectuate the purposes of this act.

(2) Any defendant placed in the reentry court shall be counted in determining funding allocations to the court from the Administrative Office of Courts.

SECTION 4. (1) MDOC shall establish the Offender Rehabilitation and Workforce Development Program that can be completed in no more than three (3) years.

(2) Notwithstanding any provision of law to the contrary, any defendant sentenced to the program shall not be eligible for parole pursuant to Section 47-7-3, nor accumulate earned time or trusty time pursuant to Section 47-5-138, 47-5-138.1, 47-5-139 or 47-5-142 for the duration of his or her participation in the program.

(3) In the event that a defendant does not successfully complete the program, MDOC shall not use the time served in the program to calculate the defendant's parole date.

SECTION 5. Any reentry court shall work in conjunction with MDOC and the Mississippi Intervention Court Commission to establish best practices for the reentry court, including standards for eligibility and suitability for sentencing to the program.

SECTION 6. (1) A defendant is eligible to be sentenced to the program if all of the following criteria are met:

(a) The defendant has been previously convicted of one or more felony offenses in this state or any other state or federal court;

(b) The defendant meets the eligibility and suitability standards for sentencing to the program established under Section 3 of this act;

(c) The court determines that it is in the best interest of the community and in the interest of justice that the defendant be sentenced to the program;

(d) The defendant's suspended sentence for the charge before the court shall not exceed a term of incarceration of twenty (20) years;

(e) The defendant shall not have any prior felony convictions for any offenses defined as a sex offense in Section 45-33-23 or for any substantially similar offenses in another state or substantially similar federal offenses;

(f) The crime before the court shall not be a crime of violence as listed in Section 97-3-2, except house burglary under Section 97-17-23(1);

(g) The defendant cannot be sentenced in the present charge as a habitual offender pursuant to Section 99-19-81 or 99-19-83;

(h) Other criminal proceedings alleging commission of a crime of violence as listed in Section 97-3-2, except house burglary under Section 97-17-23(1), shall not be pending against the defendant; and

(i) The crime before the court shall not be a charge of any crime that resulted in the death of a person.

(2) The reentry court shall consider the following factors in determining whether sentencing to the program is in the interest of justice and of benefit to the defendant and the community:

(a) The nature of the crime charged and the circumstances surrounding the crime;

(b) Any special characteristics or circumstances of the defendant;

(d) Whether the program is appropriate to meet the needs of the defendant;

(e) The impact of the defendant's sentencing upon the community;

(f) Recommendations, if any, of the district attorney;

(g) Recommendations, if any, of the involved law enforcement agency;

(h) Recommendations, if any, of the victim;

(i) Provisions for and the likelihood of obtaining restitution from the defendant;

(j) Any mitigating circumstances; and

(k) Any other circumstances reasonably related to the defendant's case.

(3) If the reentry court determines that the defendant is not eligible or suitable for sentencing in the program, the reentry court shall state the reasons for that determination on the record and return the defendant to the circuit court.

SECTION 7. (1) If a defendant is eligible for sentencing to the program and the reentry court has confirmed that there is adequate bed space available, the reentry court shall advise the defendant of the following:

(a) Before sentencing to the program, the defendant shall waive the right to a trial and shall enter a plea of guilty to the charge and be sentenced for the offense with the stipulation that the defendant shall be sentenced to the program in the custody of the Department of Corrections, and after successful completion of the program, the reentry court shall suspend the remainder of the defendant's sentence and place the defendant on probation under the intensive supervision of the reentry court for not more than three (3) years;

(b) The reentry court may impose any conditions reasonably related to the rehabilitation of the defendant, including ordering the defendant to participate and complete a substance abuse treatment program;

(c) A defendant who is placed under the supervision of the reentry court may be ordered to pay the cost of any assessments, substance abuse tests, and treatment programs to which he or she is assigned and the cost of any additional supervision that may be required, to the extent of his or her financial resources, as determined by the reentry court as guided by Section 99-19-20.1(1); and

(d) Notwithstanding any provision of law to the contrary, any offender sentenced under this section shall not be eligible for parole pursuant to Section 47-7-3, nor accumulate earned time or trusty time pursuant to Sections 47-5-138, 47-5-138.1, 47-5-139 or 47-5-142 while in the program.

(2) Before sentencing a defendant to the program, the court shall determine if the defendant consents to being sentenced to the program.

SECTION 8. (1) If the reentry court determines that the defendant shall be sentenced to the program, the reentry court shall accept the defendant's guilty plea and sentence the defendant to the custody of the Department of Corrections for a term of years subject to participation in the program.

(2) Upon successful completion of the program and all other reentry court requirements, the reentry court shall suspend the remainder of the defendant's sentence and place the person on probation for not more than three (3) years under the intensive supervision of the reentry court, notwithstanding any provision of Section 47-7-33 or 47-7-47 to the contrary.

(3) If the defendant fails to complete the program, the reentry court shall order the defendant to serve all or part of the remainder of the sentence for the original charge.

SECTION 9. (1) For a nontechnical violation of probation imposed pursuant to this act, the court may revoke the probation and order the defendant to serve all or part of the sentence previously imposed and suspended.

(2) For a technical violation of probation imposed under this act, the court may impose a sentence of not more than ninety (90) days to be served at the Technical Violation Center. The term of the revocation for a technical violation shall begin on the date the court orders the revocation. Upon completion of the imposed sentence for the technical revocation, the defendant shall return to active supervised probation for a period equal to the remainder of the original period of probation subject to any additional conditions imposed by the court.

SECTION 10. No law enforcement officer shall refer to, mention and/or offer participation in this program as an inducement to any statement, confession or waiver of any constitutional rights of any person accused of a crime.

SECTION 11. The Joint Legislative Committee on Performance Evaluation and Expenditure Review shall conduct a review of all reentry courts active after three (3) years and the Offender Rehabilitation and Workforce Development Program and produce a report to the Legislature on the courts' effectiveness and the effectiveness of the program by December 1, 2025. The PEER Committee may seek the assistance of the Administrative Office of Courts or any other criminal justice experts it deems necessary during its review.

SECTION 12. This act shall stand repealed on July 1, 2025.

SECTION 13. This act shall take effect and be in force from and after July 1, 2022, and shall stand repealed on June 30, 2022.