House Bill 203

AN ACT TO AMEND SECTION 47-7-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE REQUIRED NOTICE FOR A PAROLE HEARING THAT IS SENT BY THE STATE PAROLE BOARD TO A VICTIM OF A CRIME OR TO THE DESIGNEE OF THE IMMEDIATE FAMILY, IN CASE OF HOMICIDE, MUST BE SENT BY CERTIFIED MAIL WHENEVER AN OFFENDER HAS A SCHEDULED PAROLE HEARING; TO REQUIRE THAT SUCH NOTICE BE SENT NOT ONLY TO THE DESIGNEE OF THE IMMEDIATE FAMILY OF A HOMICIDE VICTIM BUT ALSO TO THE IMMEDIATE FAMILY MEMBERS OF A HOMICIDE VICTIM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-7-17, Mississippi Code of 1972, is amended as follows:

47-7-17. (1) Within one (1) year after his admission and at such intervals thereafter as it may determine, the board shall secure and consider all pertinent information regarding each offender, except any under sentence of death or otherwise ineligible for parole, including the circumstances of his offense, his previous social history, his previous criminal record, including any records of law enforcement agencies or of a youth court regarding that offender's juvenile criminal history, his conduct, employment and attitude while in the custody of the department, the case plan created to prepare the offender for parole, and the reports of such physical and mental examinations as have been made. The board shall furnish at least three (3) months' written notice to each such offender of the date on which he is eligible for parole.

(2) Except as provided in Section 47-7-18, the board shall require a parole-eligible offender to have a hearing as required in this chapter before the board and to be interviewed. The hearing shall be held no later than thirty (30) days prior to the month of eligibility. No application for parole of a person convicted of a capital offense shall be considered by the board unless and until notice of the filing of such application shall have been published at least once a week for two (2) weeks in a newspaper published in or having general circulation in the county in which the crime was committed. The board shall, within thirty (30) days prior to the scheduled hearing, also give notice of the filing of the application for parole to the victim of the offense for which the prisoner is incarcerated and being considered for parole or, in case the offense be homicide, a designee of the immediate family of the victim as well as to the immediate family members of the victim, provided the victim or designated family member or immediate family members * * *~~has~~ have furnished in writing a current address to the board for such purpose. Such notice shall be provided by certified mail, return receipt requested, to the victim of the offense or, in case the offense be homicide, to a designee of the immediate family as well as to immediate family members. The victim or designated family member shall be provided an opportunity to be heard by the board before the board makes a decision regarding release on parole. The board shall consider whether any restitution ordered has been paid in full. Parole release shall, at the hearing, be ordered only for the best interest of society, not as an award of clemency; it shall not be considered to be a reduction of sentence or pardon. An offender shall be placed on parole only when arrangements have been made for his proper employment or for his maintenance and care, and when the board believes that he is able and willing to fulfill the obligations of a law-abiding citizen. When the board determines that the offender will need transitional housing upon release in order to improve the likelihood of the offender becoming a law-abiding citizen, the board may parole the offender with the condition that the inmate spends no more than six (6) months in a transitional reentry center. At least fifteen (15) days prior to the release of an offender on parole, the director of records of the department shall give the written notice which is required pursuant to Section 47-5-177. Every offender while on parole shall remain in the legal custody of the department from which he was released and shall be amenable to the orders of the board. Upon determination by the board that an offender is eligible for release by parole, notice shall also be given within at least fifteen (15) days before release, by the board to the victim of the offense or the victim's family member, as indicated above, regarding the date when the offender's release shall occur, provided a current address of the victim or the victim's family member has been furnished in writing to the board for such purpose.

(3) For any hearing where an offender has been convicted of a crime of violence, as set out under Section 97-3-2 or any offense set out under Section 47-7-3(1)(a) through (g), the board shall, within thirty (30) days prior to the scheduled hearing, solicit the written or oral recommendations of the Attorney General, the attorney who prosecuted the case, the judge who presided over the case, the chief of police of the municipality where the offender was convicted and the sheriff of the county where the offender was convicted.

(4) The board shall, within thirty (30) days prior to the scheduled hearing, also give written or electronic notice of the filing of the application for parole to the attorney who prosecuted the case, the judge who presided over the case, the chief of police of the municipality where the offender was convicted and the sheriff of the county where the offender was convicted.

(5) If the attorney who prosecuted the case or the judge who presided over the case is not living or serving, solicitation for recommendations under subsection (3) and notice under subsection (4) shall be given to the district attorney and one of the judges of the court in which the offender was convicted.

(6) Failure to provide notice to the victim or the victim's family member of the filing of the application for parole or of any decision made by the board regarding parole shall not

constitute grounds for vacating an otherwise lawful parole determination nor shall it create any right or liability, civilly or criminally, against the board or any member thereof.

(7) A letter of protest against granting an offender parole shall not be treated as the conclusive and only reason for not granting parole.

(8) The board may adopt such other rules not inconsistent with law as it may deem proper or necessary with respect to the eligibility of offenders for parole, the conduct of parole hearings, or conditions to be imposed upon parolees, including a condition that the parolee submit, as provided in Section 47-5-601 to any type of breath, saliva or urine chemical analysis test, the purpose of which is to detect the possible presence of alcohol or a substance prohibited or controlled by any law of the State of Mississippi or the United States. The board shall have the authority to adopt rules related to the placement of certain offenders on unsupervised parole and for the operation of transitional reentry centers. However, in no case shall an offender be placed on unsupervised parole before he has served a minimum of fifty percent (50%) of the period of supervised parole.

SECTION 2. This act shall take effect and be in force from and after its passage.