MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Corrections
By: Senator(s) Barnett
AN ACT TO TRANSFER THE ADMINISTRATION OF PROBATION AND PAROLE OFFICERS UNDER THE JURISDICTION OF THE DIVISION OF COMMUNITY CORRECTIONS OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY; TO DIRECT THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY TO DEVELOP A PLAN FOR THIS TRANSFER OVER A TWO-YEAR PERIOD; TO AMEND SECTION 47-7-9, MISSISSIPPI CODE OF 1972, TO DEFINE THE POWERS, DUTIES AND QUALIFICATIONS OF PROBATION AND PAROLE OFFICERS AS SWORN LAW ENFORCEMENT OFFICERS OF THE MISSISSIPPI HIGHWAY PATROL; TO AMEND SECTIONS 45-1-2 AND 47-7-53, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY TO ADMINISTER AND SUPERVISE PROBATION AND PAROLE OFFICERS ASSIGNED TO CIRCUIT COURT DISTRICTS AND TO ESTABLISH A DIVISION OF COMMUNITY CORRECTIONS WITHIN THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTIONS 45-1-3, 45-1-12, 47-7-17, 47-7-18, 47-7-19, 47-7-21, 47-7-23, 47-7-27, 47-7-31, 47-7-33, 47-7-33.1, 47-7-34, 47-7-35, 47-7-36, 47-7-36.1, 47-7-37, 47-7-38, 47-7-39, 47-7-40, 47-7-41, 47-7-47, 47-7-49 AND 47-7-51, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Effective July 1, 2027, the administration, employment and supervision of the probation and parole officers under the direction and supervision of the Division of Community Corrections of the Mississippi Department of Corrections shall be transferred to the Mississippi Department of Public Safety. The Commissioner of Corrections and the Commissioner of Public Safety shall, on or before January 1, 2026, jointly develop and submit to the Legislature and the Governor a plan to transfer the administration of probation and parole officers to the Mississippi Department of Public Safety over a two-year period to be effective July 1, 2027, with recommendations for necessary legislation. In developing the plan for transfer of probation and parole officers, the commissioners are authorized to contract with any governmental or nongovernmental entity, and may fully utilize existing expertise currently available with the Federal Bureau of Prisons and the Law Enforcement Assistance Administration to the end that the State of Mississippi shall have an efficient, modern and properly secure state correctional post-conviction system. The Commissioner of Corrections and the Commissioner of Public Safety are authorized to receive and disburse private and public funds and grants which may be available for correctional, offender rehabilitation purposes and related purposes to develop and submit this transfer plan. The plan developed by the commissioners shall provide a time schedule for the orderly, efficient and deliberate transfer of the administration and supervision of probation and parole officers and supportive functions so as to minimize the basic cost for such transfer. The Commissioner of Corrections and the Commissioner of Public Safety are authorized to jointly promulgate rules and regulations to implement this two-year transfer and reorganization plan, and to provide for the exchange of information between the Department of Corrections, the Department of Public Safety and the appropriate circuit court, as necessary to calculate and transmit information regarding offender earned time and parole eligibility, and unsupervised parole. The commissioners shall develop and submit a report to the 2027 Legislature which shows the progress in implementing the transfer and reorganization plan by July 1, 2027.
SECTION 2. Section 47-7-9, Mississippi Code of 1972, is amended as follows:
47-7-9. (1) Probation and parole officers are sworn law enforcement officers of the Mississippi Department of Public Safety assigned to court districts who supervise offenders on probation and/or parole ensuring they reintegrate into society and follow court-set conditions, in order to protect the community and reduce the risk of crime. Probation officers intervene with offenders who have been sentenced to probation as an alternative to incarceration, and involves community-based supervision where offenders live in their communities under specific conditions. Parole officers intervene with offenders who have been released from prison after a period of imprisonment into the community with conditions, before completing their full sentences, in order to transition from incarceration to community life. A probation or parole officer must, as a minimum qualification, hold at least a law enforcement professional certification within six (6) months of employment by the department.
( * * *2) The circuit judges and county
judges in the districts to which Mississippi Department of Public Safety
Division of Community Corrections personnel have been assigned shall have the
power to request of the department transfer or removal of the division
personnel from their court.
( * * *3) (a) * * *
Probation and parole officers with the Division of Community Corrections of
the Mississippi Department of Public Safety shall investigate all cases
referred to them for investigation by the State Parole Board, the
division or by any court in which they are authorized to serve. They shall
furnish to each person released under their supervision a written statement of
the conditions of probation, parole, earned-release supervision, post-release
supervision or suspension and shall instruct the person regarding the same.
They shall administer a risk and needs assessment on each person under their
supervision to measure criminal risk factors and individual needs. They shall
use the results of the risk and needs assessment to guide supervision responses
consistent with evidence-based practices as to the level of supervision and the
practices used to reduce recidivism. They shall develop a supervision plan for
each person assessed as moderate to high risk to reoffend. They shall keep
informed concerning the conduct and conditions of persons under their
supervision and use all suitable methods that are consistent with evidence-based
practices to aid and encourage them and to bring about improvements in their
conduct and condition and to reduce the risk of recidivism. They shall keep
detailed records of their work and shall make such reports in writing as the
court or the board may require.
(b) * * *
Probation and parole officers under the Division of Community Corrections
shall complete annual training on evidence-based
practices and criminal risk factors, as well as instructions on how to target
these factors to reduce recidivism.
(c) * * *
Probation and parole officers under the Division of Community Corrections
duly assigned to court districts are hereby vested with all the powers of
police officers or sheriffs to make arrests or perform any other duties
required of policemen or sheriffs which may be incident to the division
personnel responsibilities. All probation and parole officers hired on or
after July 1, 1994, will be placed in the Law Enforcement Officers Training
Program and will be required to meet the standards outlined by that program.
(d) It is the
intention of the Legislature that insofar as practicable the case load of each * * *
probation and parole officer under the Division of Community Corrections
supervising offenders in the community (hereinafter field supervisor) shall not
exceed the number of cases that may be adequately handled.
(3) (a) * * *
Probation and parole officers under the Division of Community Corrections
shall be provided to perform investigation for the court as provided in this
subsection. * * * Probation and parole
officers under the Division of Community Corrections shall conduct
presentence investigations on all persons convicted of a felony in any circuit
court of the state, prior to sentencing and at the request of the circuit court
judge of the court of conviction. The presentence evaluation report shall
consist of a complete record of the offender's criminal history, educational
level, employment history, psychological condition and such other information
as the department or judge may deem necessary. * * *
Probation and parole officers with the Division of Community Corrections
shall also prepare written victim impact statements at the request of the
sentencing judge as provided in Section 99-19-157.
(b) In order that
offenders in the custody of the Mississippi Department of Corrections
on July 1, * * * 2027, may benefit from the kind of
evaluations authorized in this section, an evaluation report to consist of the
information required hereinabove, supplemented by an examination of an
offender's record while in custody, shall be compiled by the * * * probation
and parole officers of the Division of Community Corrections upon all
offenders in the custody of the department on July 1, * * * 2027.
After a study of such reports by the State Parole Board those cases which the
board believes would merit some type of executive clemency shall be submitted
by the board to the Governor with its recommendation for the appropriate
executive action.
(c) The * * * Mississippi Department of
Corrections and the Mississippi Department of Public Safety are authorized
to accept gifts, grants and subsidies to conduct this activity.
(4) Wherever the term "personnel of the Division of Community Corrections of the Mississippi Department of Corrections" appears in the laws or statutes, it shall be construed to mean the "probation and parole officers of the Mississippi Department of Public Safety."
SECTION 3. Section 47-7-53, Mississippi Code of 1972, is amended as follows:
47-7-53. If the Parole Board is abolished, the Department of Corrections shall assume and exercise all the duties, powers and responsibilities of the State Parole Board. The Commissioner of Corrections and the Commissioner of Public Safety may assign to the appropriate officers and divisions any powers and duties deemed appropriate to carry out the duties and powers of the Parole Board. Wherever the terms "State Parole Board" or "Parole Board" appear in any state law, they shall mean the Department of Corrections or the Department of Public Safety, as the case may be.
SECTION 4. Section 45-1-2, Mississippi Code of 1972, is amended as follows:
45-1-2. (1) The Executive Director of the Department of Public Safety shall be the Commissioner of Public Safety.
(2) The Commissioner of Public Safety shall establish the organizational structure of the Department of Public Safety, which shall include the creation of any units necessary to implement the duties assigned to the department and consistent with specific requirements of law including, but not limited to:
(a) Office of Public Safety Planning;
(b) Office of Mississippi Highway Safety Patrol;
(c) Office of Mississippi Bureau of Investigation (to be directed by a Lieutenant Colonel of the Mississippi Highway Safety Patrol);
(d) Office of Forensic Laboratories, which includes the Mississippi Forensics Laboratory and the Office of the State Medical Examiner;
(e) Office of Law Enforcement Officers' Training Academy;
(f) Office of Support Services;
(g) Office of Narcotics, which shall be known as the Bureau of Narcotics;
(h) Office of Homeland Security;
(i) Office of Capitol Police;
(j) Office of Driver
Service Bureau; * * *
(k) Office of
Commercial Transportation Enforcement Division * * *; and
(l) Office of Community Corrections, which shall administer probation and parole officers transferred pursuant to this act.
(3) The department shall be headed by a commissioner, who shall be appointed by and serve at the pleasure of the Governor. The appointment of the commissioner shall be made with the advice and consent of the Senate. The commissioner shall have, at a minimum, a bachelor's degree from an accredited college or university.
(4) Notwithstanding any provision of law to the contrary, the commissioner shall appoint heads of offices, who shall serve at the pleasure of the commissioner. The commissioner shall have the authority to organize the offices established by subsection (2) of this section as deemed appropriate to carry out the responsibilities of the department. The commissioner may assign to the appropriate offices such powers and duties as deemed appropriate to carry out the department's lawful functions. The organization charts of the department shall be presented annually with the budget request of the Governor for review by the Legislature.
(5) The commissioner shall appoint, from within the Department of Public Safety, a statewide safety training officer who shall serve at the pleasure of the commissioner and whose duty it shall be to perform public training for both law enforcement and private persons throughout the state concerning proper emergency response to the mentally ill, terroristic threats or acts, domestic conflict, other conflict resolution, and such other matters as the commissioner may direct.
(6) The commissioner, after consultation with the Mississippi Association of Chiefs of Police and the Mississippi Sheriffs' Association, shall be responsible for establishing guidelines for response to active shooter situations and any related jurisdictional issues.
(7) The commissioner shall establish within the department the Mississippi Office of Homeland Security for the purpose of seeing that the laws are faithfully executed and for the purpose of investigating cyber-related crimes and suppressing crimes of violence and acts of intimidation and terror. The commissioner is hereby authorized to employ within the Office of Homeland Security a director, investigators and other qualified personnel as he may deem necessary to make investigation of cyber-related crimes, crimes of violence and acts of terrorism or intimidation, to aid in the arrest and prosecution of persons charged with such cyber-related crimes, crimes of violence, acts of terrorism or intimidation, or threats of violence and to perform other duties as necessary to accomplish these purposes. Investigators and other law enforcement personnel employed by the commissioner shall have full power to investigate, apprehend, and arrest persons committing cyber-related crimes, acts of violence, intimidation, or terrorism anywhere in the state, and shall be vested with the power of police officers in the performance of such duties as provided herein. Such investigators and other personnel shall perform their duties under the direction of the commissioner, or his designee. The commissioner shall be authorized to offer and pay suitable rewards to other persons for aiding in such investigation and in the apprehension and conviction of persons charged with cyber-related crimes, acts of violence, or threats of violence, or intimidation, or acts of terrorism.
(8) The commissioner shall establish within the Office of Homeland Security a Mississippi Analysis and Information Center (MSAIC Fusion Center) which shall be the highest priority for the allocation of available federal resources for statewide information sharing, including the deployment of personnel and connectivity with federal data systems. Subject to appropriation therefor, the Mississippi Fusion Center shall employ three (3) regional analysts dedicated to analyzing and resolving potential threats identified by the agency's statewide social media intelligence platform and the dissemination of school safety information.
(9) The commissioner shall establish within the Office of Community Corrections an administrative structure for the employment, supervision and training of probation and parole officers assigned to court districts transferred to the department pursuant to the provisions of this act.
SECTION 5. Section 45-1-3, Mississippi Code of 1972, is amended as follows:
45-1-3. (1) When not otherwise specifically provided, the commissioner is authorized to make and promulgate reasonable rules and regulations to be coordinated, and carry out the general provisions of the Highway Safety Patrol and Driver's License Law of 1938.
(2) The commissioner shall have the authority to administer oaths.
(3) Notwithstanding any other provision of law, with written approval from the Executive Director of the Department of Finance and Administration, the commissioner may enter into a lease or sublease agreement for space in the Department of Public Safety headquarters building with a third party for the purpose of providing services and assistance to the department and its employees. The proceeds received from the lease under this subsection shall be paid to the State Treasurer for deposit into the General Fund.
(4) The commissioner is authorized to make and promulgate reasonable rules and regulations to effectuate the transfer of probation and parole officers from the Mississippi Department of Corrections to the Mississippi Department of Public Safety pursuant to the provisions of this act.
SECTION 6. Section 45-1-12, Mississippi Code of 1972, is amended as follows:
45-1-12. (1) The salaries of all officers of the Mississippi Highway Safety Patrol who have completed the course of instruction in an authorized highway patrol training school on general law enforcement, and are serving as a sworn officer of the Highway Patrol in the enforcement of the laws of the State of Mississippi, including service in any other division of the Department of Public Safety, and the sworn law enforcement officers of the Mississippi Bureau of Narcotics, shall be determined and paid in accordance with the scale for officers salaries as provided in this subsection:
Department of Public Safety Sworn Officers Salary Schedule
Rank Years of Experience
Less than 4 Over 4 Over 8 Over 12
Trooper 54,000
Trooper FC 57,000
Corporal 60,000
Sergeant 62,750
Rank Years of Experience
Over 16 Over 20 Over 24 Over 29
Staff Sgt. 65,750
Sr. Staff Sgt. 68,750
Sgt. 1st Class 72,000 75,000
Promotional Rank Years of Experience
Over 5 Over 10 Over 15 Over 20 Over 25 Over 29
Master Sgt. 68,750 71,500 74,500 77,500 80,500 83,250
Lieutenant 78,500 81,500 84,500 87,500 90,500 93,500
Captain 91,500 95,000 98,250 101,500 104,500
Promotional Rank
Major 111,000
Lt. Colonel 120,500
Colonel 131,750
Department of Public Safety/MS Bureau of Narcotics
Sworn Officers Salary Schedule
Rank Years of Experience
Less than 4 Over 4 Over 8 Over 12
LE-Agent I 54,000
LE-Agent II 57,000
LE-Agent III 60,000
LE-Agent IV 62,750
Rank Years of Experience
Over 16 Over 20 Over 24 Over 29
LE-Agent V 65,750
LE-Agent VI 68,750
LE-Officer VII 72,000
LE-Officer VIII 75,000
Promotional Rank Years of Experience
Over 5 Over 10 Over 15 Over 20 Over 25 Over 29
Master Sgt. 68,750 71,500 74,500 77,500 80,500 83,250
Lieutenant 78,500 81,500 84,500 87,500 90,500 93,500
Captain 91,750 95,000 98,250 101,250 104,500
Promotional Rank
Major 111,000
Lt. Colonel 120,500
Colonel 131,750
(2) All sworn officers in the Mississippi Highway Patrol and the Mississippi Bureau of Narcotics employed on a full-time basis shall be paid a salary in accordance with the above scale. Notwithstanding any other provision of law to the contrary, any rank of any sworn officer not based upon a merit-based promotion or years of experience shall be at the will and pleasure of the appointing authority as approved by the State Personnel Board. The rank and years of experience of each sworn officer to be used in establishing the salary shall be determined by the rank and years of experience on July 1 of the current fiscal year.
(3) For purposes of applying the rank designation to the above scale, the following job classifications of the State Personnel Board shall be applicable for the Mississippi Highway Patrol:
Rank Job Classes
(a) Trooper DPS-Highway Patrol Officer I
LE-Investigator II
(b) Trooper First Class DPS-Highway Patrol Officer II
LE-Investigator III
(c) Corporal DPS-Highway Patrol Officer III
LE-Investigator IV
(d) Sergeant DPS-Highway Patrol Officer IV
LE-Investigator V
(e) Staff Sergeant DPS-Highway Patrol Officer V
(f) Senior Staff Sergeant DPS-Highway Patrol Officer VI
Tech Spec
(g) Master Sgt/Sgt. F/C DPS-Assistant Inspector
DPS-Highway Patrol Officer VII
DPS-Investigator I
DPS-Supv. Driver Serv.
(h) Lieutenant DPS-Air Operations Officer
DPS-Dir. Corr. Intelligence
DPS-Dist. Executive Officer
DPS-Regional Supv. Driver. Serv.
DPS-Branch Director
LE-Dir/Training
LE-Dist. Investigator
(i) Captain DPS-Staff Officer (MHP)
(j) Major DPS-Bureau Director II
(k) Lt. Colonel DPS-Deputy Administrator;
DPS-Chief of Staff
(l) Colonel/Chief of Patrol Dir-Office of MS Hwy Safety Patrol
(4) For purposes of applying the rank designation to the above scale, the following job classifications of the State Personnel Board shall be applicable for the Mississippi Bureau of Narcotics:
Rank Job Classes
(a) Agents LE-Agent I
LE-Agent II
LE-Agent III
LE-Agent IV
LE-Agent V
LE-Agent VI
(b) Lieutenant BN-District Investigator (LT)
(c) Captain BN-District Commander
(d) Major BN-Bureau Director II
Office Director I
(e) Lt. Colonel BN-Deputy Administrator
(f) Colonel Director, Bureau of Narcotics
(5) In any fiscal year after July 1, 2015, in the event the Legislature provides across-the-board salary increases to state employees whose compensation is paid from the State General Fund and subject to specific appropriation therefor by the Legislature, the State Personnel Board shall revise the salary scale above to provide the same percentage or dollar amount increase as has been appropriated for other state employees.
(6) It shall be the duty of the Mississippi Department of Public Safety to file with the Legislative Budget Office and the State Fiscal Officer such data and information as may be required to enable the said Legislative Budget Office and State Fiscal Officer to budget and distribute the funds necessary to compensate the sworn officers of the Department of Public Safety according to the requirements of the salary scale. Such data and information so filed may be revised from time to time as necessitated to reflect the current number and experience of sworn officers employed by the department.
(7) The Commissioner of
Public Safety, with approval by the State Personnel Board, is authorized to set
the salaries equitably of sworn law enforcement officers assigned to the
Commercial Transportation Enforcement Division, the Mississippi Bureau of
Investigation, * * *
Capitol Police and probation and parole officers of the Division of
Community Corrections based upon the pay scale contained in this section.
SECTION 7. 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, provided the victim or designated family member has furnished in writing a current address to the board for such purpose. 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, and the probation and parole officers of the Division of Community Corrections assigned to the case.
(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, and the probation and parole officers of the Division of Community Corrections assigned to the case.
(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 8. Section 47-7-18, Mississippi Code of 1972, is amended as follows:
47-7-18 (1) No inmate convicted of a sex offense as defined by Section 45-33-23(h), a crime of violence as defined by Section 97-3-2, or both, nor an inmate who is eligible for geriatric parole shall be released on parole without a hearing before the Parole Board as required by Section 47-7-17. All other inmates eligible for parole pursuant to Section 47-7-3 shall be released from incarceration to parole supervision on the inmate's parole eligibility date, without a hearing before the board, if:
(a) The inmate has met the requirements of the parole case plan established pursuant to Section 47-7-3.1;
(b) A victim of the offense has not requested the board conduct a hearing;
(c) The inmate has not received a serious or major violation report within the past six (6) months;
(d) The inmate has agreed to the conditions of supervision; and
(e) The inmate has a discharge plan approved by the board.
(2) At least thirty (30) days prior to an inmate's
parole eligibility date, the * * * probation
and parole officers of the Division of Community Corrections of the Department
of Public Safety shall notify the board in writing of the inmate's
compliance or noncompliance with the case plan. If an inmate fails to meet a
requirement of the case plan, prior to the parole eligibility date, he or she
shall have a hearing before the board to determine if completion of the case
plan can occur while in the community.
(3) Any inmate for whom there is insufficient
information for the * * * probation and parole officers of
the Division of Community Corrections to determine compliance with the case
plan shall have a hearing with the board.
(4) A hearing shall be held with the board if requested by the victim following notification of the inmate's parole release date pursuant to Section 47-7-17.
(5) A hearing shall be held
by the board if a law enforcement official from the community to which the
inmate will return contacts the board or the * * * probation
and parole officers of the Division of Community Corrections and requests a
hearing to consider information relevant to public safety risks posed by the
inmate if paroled at the initial parole eligibility date. The law enforcement
official shall submit an explanation documenting these concerns for the board
to consider.
(6) If a parole hearing is held, the board may determine the inmate has sufficiently complied with the case plan or that the incomplete case plan is not the fault of the inmate and that granting parole is not incompatible with public safety, the board may then parole the inmate with appropriate conditions. If the board determines that the inmate has sufficiently complied with the case plan but the discharge plan indicates that the inmate does not have appropriate housing immediately upon release, the board may parole the inmate to a transitional reentry center with the condition that the inmate spends no more than six (6) months in the center. If the board determines that the inmate has not substantively complied with the requirement(s) of the case plan it may deny parole. If the board denies parole, the board may schedule a subsequent parole hearing and, if a new date is scheduled, the board shall identify the corrective action the inmate will need to take in order to be granted parole. Any inmate not released at the time of the inmate's initial parole date shall have a parole hearing at least every year.
SECTION 9. Section 47-7-19, Mississippi Code of 1972, is amended as follows:
47-7-19. It shall be the duty of all correctional system officials and probation and parole officers of the Division of Community Corrections to grant to the members of the board or its properly accredited representatives, access at all reasonable times to any person over whom the board may have jurisdiction under this chapter; to provide for the board or such representatives facilities for communicating with and observing the offender; and to furnish to the board such reports as the board shall require concerning the conduct and character of any offender in the Department of Corrections custody and any other facts deemed by the board pertinent in determining whether such offender shall be paroled.
It shall be the duty of any judge, district attorney, county attorney, police officer, or other public official of the state, including probation and parole officers of the Division of Community Corrections, having information with reference to any person eligible for parole, to send such information as may be in his possession or under his control to the board, in writing, upon request of any member or employee thereof.
SECTION 10. Section 47-7-21, Mississippi Code of 1972, is amended as follows:
47-7-21. All information obtained in the discharge of official duty by a field officer as an employee of the Department of Corrections or a probation and parole officer of the Division of Community Corrections of the Department of Public Safety shall be privileged and shall not be disclosed directly or indirectly to anyone other than to (a) the State Parole Board, (b) a judge, or (c) law enforcement agencies when such information is relevant to criminal activity.
SECTION 11. Section 47-7-23, Mississippi Code of 1972, is amended as follows:
47-7-23. Except as
otherwise provided by law, the Department of Corrections and the Department
of Public Safety shall jointly have the power and duty to make rules
for the conduct of persons heretofore or hereafter placed on parole under the
supervision of the * * * probation and
parole officers of the Division of Community Corrections of the Department of
Public Safety and for the investigation and supervision of such persons,
which supervision may include a condition that such persons 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 Department of Corrections and the Department of
Public Safety shall not make any rules which shall be inconsistent with the
rules imposed by the State Parole Board pursuant to Section 47-7-17 on
offenders who are placed on unsupervised parole.
SECTION 12. Section 47-7-27, Mississippi Code of 1972, is amended as follows:
47-7-27. (1) The board may, at any time and upon a showing of probable violation of parole, issue a warrant for the return of any paroled offender to the custody of the department. The warrant shall authorize all persons named therein to return the paroled offender to actual custody of the department from which he was paroled.
(2) Any field supervisor and any probation and parole officer of the Division of Community Corrections of the Mississippi Department of Public Safety may arrest an offender without a warrant or may deputize any other person with power of arrest by giving him a written statement setting forth that the offender has, in the judgment of that field supervisor, violated the conditions of his parole or earned-release supervision. The written statement delivered with the offender by the arresting officer to the official in charge of the department facility from which the offender was released or other place of detention designated by the department shall be sufficient warrant for the detention of the offender.
(3) The field supervisor and the probation and parole officers of the Division of Community Corrections, after making an arrest, shall present to the detaining authorities a similar statement of the circumstances of violation. The field supervisor shall at once notify the board or department of the arrest and detention of the offender and shall submit a written report showing in what manner the offender has violated the conditions of parole or earned-release supervision. An offender for whose return a warrant has been issued by the board shall, after the issuance of the warrant, be deemed a fugitive from justice.
(4) Whenever an offender is arrested on a warrant for an alleged violation of parole as herein provided, the board shall hold an informal preliminary hearing within seventy-two (72) hours to determine whether there is reasonable cause to believe the person has violated a condition of parole. A preliminary hearing shall not be required when the offender is not under arrest on a warrant or the offender signed a waiver of a preliminary hearing. The preliminary hearing may be conducted electronically.
(5) The right of the State of Mississippi to extradite persons and return fugitives from justice, from other states to this state, shall not be impaired by this chapter and shall remain in full force and effect. An offender convicted of a felony committed while on parole, whether in the State of Mississippi or another state, shall immediately have his parole revoked upon presentment of a certified copy of the commitment order to the board. If an offender is on parole and the offender is convicted of a felony for a crime committed prior to the offender being placed on parole, whether in the State of Mississippi or another state, the offender may have his parole revoked upon presentment of a certified copy of the commitment order to the board.
(6) (a) The board shall
hold a hearing for any parolee who is detained as a result of a warrant or a
violation report within twenty-one (21) days of the parolee's admission to
detention. The board may, in its discretion, terminate the parole or modify
the terms and conditions thereof. If the board revokes parole for one or more
technical violations the board shall impose a period of imprisonment to be
served in a technical violation center operated by the department not to exceed
ninety (90) days for the first revocation and not to exceed one hundred twenty
(120) days for the second revocation. For the third revocation, the board may
impose a period of imprisonment to be served in a technical violation center
for up to one hundred * * * eighty (180) days or the board
may impose the remainder of the suspended portion of the sentence. For the
fourth and any subsequent revocation, the board may impose up to the remainder
of the suspended portion of the sentence. The period of imprisonment in a
technical violation center imposed under this section shall not be reduced in
any manner.
(b) If the board does not hold a hearing or does not take action on the violation within the twenty-one-day time frame in paragraph (a) of this subsection, the parolee shall be released from detention and shall return to parole status. The board may subsequently hold a hearing and may revoke parole or may continue parole and modify the terms and conditions of parole. If the board revokes parole for one or more technical violations the board shall impose a period of imprisonment to be served in a technical violation center operated by the Mississippi Department of Corrections not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation. For the third revocation, the board may impose a period of imprisonment to be served in a technical violation center for up to one hundred eighty (180) days or the board may impose the remainder of the suspended portion of the sentence. For the fourth and any subsequent revocation, the board may impose up to the remainder of the suspended portion of the sentence. The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.
(c) For a parolee charged with one or more technical violations who has not been detained awaiting the revocation hearing, the board may hold a hearing within a reasonable time. The board may revoke parole or may continue parole and modify the terms and conditions of parole. If the board revokes parole for one or more technical violations the board shall impose a period of imprisonment to be served in a technical violation center operated by the department not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation. For the third revocation, the board may impose a period of imprisonment to be served in a technical violation center for up to one hundred eighty (180) days or the board may impose the remainder of the suspended portion of the sentence. For the fourth and any subsequent revocation, the board may impose up to the remainder of the suspended portion of the sentence. The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.
(7) Unless good cause for the delay is established in the record of the proceeding, the parole revocation charge shall be dismissed if the revocation hearing is not held within the thirty (30) days of the issuance of the warrant.
(8) The chairman and each member of the board and the designated parole revocation hearing officer may, in the discharge of their duties, administer oaths, summon and examine witnesses, and take other steps as may be necessary to ascertain the truth of any matter about which they have the right to inquire.
(9) The board shall provide semiannually to the Oversight Task Force the number of warrants issued for an alleged violation of parole, the average time between detention on a warrant and preliminary hearing, the average time between detention on a warrant and revocation hearing, the number of ninety-day sentences in a technical violation center issued by the board, the number of one-hundred-twenty-day sentences in a technical violation center issued by the board, the number of one-hundred-eighty-day sentences issued by the board, and the number and average length of the suspended sentences imposed by the board in response to a violation.
SECTION 13. Section 47-7-31, Mississippi Code of 1972, is amended as follows:
47-7-31. Upon request of the Governor, the Department of Corrections and/or any probation and parole officer of the Division of Community Corrections of the Mississippi Department of Public Safety shall investigate and report to him with respect to any case of pardon, commutation of sentence, reprieve, furlough or remission of fine or forfeiture.
Any attorney of record in the State of Mississippi representing any person whose record is before the department shall have the right to inspect such records on file with the department or with any probation and parole officer of the Division of Community Corrections of the Mississippi Department of Public Safety.
SECTION 14. Section 47-7-33, Mississippi Code of 1972, is amended as follows:
47-7-33. (1) When it
appears to the satisfaction of any circuit court or county court in the State
of Mississippi having original jurisdiction over criminal actions, or to the
judge thereof, that the ends of justice and the best interest of the public, as
well as the defendant, will be served thereby, such court, in termtime or in
vacation, shall have the power, after conviction or a plea of guilty, except in
a case where a death sentence or life imprisonment is the maximum penalty which
may be imposed, to suspend the imposition or execution of sentence, and place
the defendant on probation as herein provided, except that the court shall not
suspend the execution of a sentence of imprisonment after the defendant shall
have begun to serve such sentence. In placing any defendant on probation, the
court, or judge, shall direct that such defendant be under the supervision of
the * * * probation and
parole officers of the Division of Community Corrections of the Mississippi
Department of Public Safety.
(2) When any circuit or
county court places an offender on probation, the court shall give notice to
the Mississippi Department of Corrections and to the Mississippi Department
of Public Safety within fifteen (15) days of the court's decision to place
the offender on probation. Notice shall be delivered to the central office of
the Mississippi Department of Corrections and to the regional office of the * * * probation
and parole officers of the Division of Community Corrections of the Mississippi
Department of Public Safety which will be providing supervision to the
offender on probation.
(3) When any circuit court or county court places a person on probation in accordance with the provisions of this section and that person is ordered to make any payments to his family, if any member of his family whom he is ordered to support is receiving public assistance through the State Department of Human Services, the court shall order him to make such payments to the county welfare officer of the county rendering public assistance to his family, for the sole use and benefit of said family.
SECTION 15. Section 47-7-33.1, Mississippi Code of 1972, is amended as follows:
47-7-33.1. (1) The department shall create a
discharge plan for any offender returning to the community, regardless of
whether the person will discharge from the custody of the department, or is
released on parole, pardon, or otherwise. At least ninety (90) days prior to
an offender's earliest release date, the * * *
Department of Corrections with the assistance of the probation and parole
officers of the Division of Community Corrections of the Mississippi Department
of Public Safety shall conduct a pre-release assessment and complete a
written discharge plan based on the assessment results. The discharge plan for
parole eligible offenders shall be sent to the parole board at least thirty
(30) days prior to the offender's parole eligibility date for approval. The
board may suggest changes to the plan that it deems necessary to ensure a
successful transition.
(2) The pre-release assessment shall identify whether
an inmate requires assistance obtaining the following basic needs upon
release: transportation, clothing and food, financial resources,
identification documents, housing, employment, education, health care and
support systems. The discharge plan shall include information necessary to
address these needs and the steps being taken by the * * * Division
of Community Corrections to assist in this process, including an up-to-date
version of the information described in Section 63-1-309(4). Based on the
findings of the assessment, the * * *
Department of Corrections shall:
(a) Arrange transportation for inmates from the correctional facility to their release destination;
(b) Ensure inmates have clean, seasonally appropriate clothing, and provide inmates with a list of food providers and other basic resources immediately accessible upon release;
(c) Ensure inmates have a provisional driver's license issued pursuant to Title 63, Chapter 1, Article 7, Mississippi Code of 1972, a regular driver's license if eligible, or a state-issued identification card that is not a Department of Corrections identification card;
(d) Assist inmates in identifying safe, affordable housing upon release. If accommodations are not available, determine whether temporary housing is available for at least ten (10) days after release. If temporary housing is not available, the discharge plan shall reflect that satisfactory housing has not been established and the person may be a candidate for transitional reentry center placement;
(e) Refer inmates without secured employment to employment opportunities;
(f) Provide inmates with contact information of a health care facility/provider in the community in which they plan to reside;
(g) Notify family members of the release date and release plan, if the inmate agrees; and
(h) Refer inmates to a community or a faith-based organization that can offer support within the first twenty-four (24) hours of release.
(3) A written discharge plan shall be provided to the offender and supervising probation officer or parole officer, if applicable.
(4) A discharge plan created for a parole-eligible offender shall also include supervision conditions and the intensity of supervision based on the assessed risk to recidivate and whether there is a need for transitional housing. The board shall approve discharge plans before an offender is released on parole pursuant to this chapter.
SECTION 16. Section 47-7-34, Mississippi Code of 1972, is amended as follows:
47-7-34. (1) When a court imposes a sentence upon a conviction for any felony committed after June 30, 1995, the court, in addition to any other punishment imposed if the other punishment includes a term of incarceration in a state or local correctional facility, may impose a term of post-release supervision. However, the total number of years of incarceration plus the total number of years of post-release supervision shall not exceed the maximum sentence authorized to be imposed by law for the felony committed. The defendant shall be placed under post-release supervision provided by the probation and parole officers of the Division of Community Corrections upon release from the term of incarceration. The period of supervision shall be established by the court.
(2) The period of post-release supervision shall be conducted in the same manner as a like period of supervised probation, including a requirement that the defendant shall abide by any terms and conditions as the court may establish. Failure to successfully abide by the terms and conditions shall be grounds to terminate the period of post-release supervision and to recommit the defendant to the correctional facility from which he was previously released. Procedures for termination and recommitment shall be conducted in the same manner as procedures for the revocation of probation and imposition of a suspended sentence as required pursuant to Section 47-7-37.
(3) Post-release
supervision programs shall be operated through the probation and parole unit of
the Division of Community Corrections of the Mississippi Department of
Public Safety. The maximum amount of time that the Mississippi Department
of * * * Public Safety may supervise
an offender on the post-release supervision program is five (5) years.
SECTION 17. Section 47-7-35, Mississippi Code of 1972, is amended as follows:
47-7-35. (1) The courts referred to in Section 47-7-33 or 47-7-34 shall determine the terms and conditions of probation or post-release supervision provided by the Division of Community Corrections of the Mississippi Department of Public Safety and may alter or modify, at any time during the period of probation or post-release supervision, the conditions and may include among them the following or any other:
That the offender shall:
(a) Commit no offense against the laws of this or any other state of the United States, or of any federal, territorial or tribal jurisdiction of the United States;
(b) Avoid injurious or vicious habits;
(c) Avoid persons or places of disreputable or harmful character;
(d) Report to the probation and parole officer as directed;
(e) Permit the probation and parole officer to visit him at home or elsewhere;
(f) Work faithfully at suitable employment so far as possible;
(g) Remain within a specified area;
(h) Pay his fine in one (1) or several sums;
(i) Support his dependents;
(j) 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;
(k) Register as a sex offender if so required under Title 45, Chapter 33.
(2) When any court places a defendant on misdemeanor probation, the court must cause to be conducted a search of the probationer's name or other identifying information against the registration information regarding sex offenders maintained under Title 45, Chapter 33. The search may be conducted using the Internet site maintained by the Department of Public Safety Sex Offender Registry.
SECTION 18. Section 47-7-36, Mississippi Code of 1972, is amended as follows:
47-7-36. (1) Any person who supervises an individual placed on parole by the Parole Board or placed on probation by the court shall set the times and locations for meetings that are required for parole or probation at such times and locations that are reasonably designed to accommodate the work schedule of an individual on parole or probation who is employed by another person or entity.
(2) To effectuate the provisions of this section, the parole officer or probation officer of the Division of Community Corrections of the Mississippi Department of Public Safety may utilize technology portals such as Skype, FaceTime or Google video chat, or any other technology portal that allows communication between the individual on parole or probation and the parole or probation officer, as applicable, to occur simultaneously in real time by voice and video in lieu of requiring a face-to-face in person meeting of such individual and the parole or probation officer, as applicable. For individuals who are self-employed, the provisions of this subsection shall only apply with the agreement of their supervising parole or probation officer.
(3) The * * * Commissioner of Public Safety through the Division of
Community Corrections shall promulgate rules and regulations to implement
the provisions of this section. The rules and regulations promulgated by the * * * Division
of Community Corrections shall include, but are not limited to, minimum
standards and guidelines for the authorized technology and how it may be used
as well as standards for determining the eligibility and suitability of an
individual on parole or probation to meet his or her reporting requirements
through the use of such technology. The eligibility and suitability standards
shall include consideration of the severity of the individual's underlying
criminal conviction and such individual's criminal history, supervision level,
and past supervision history.
(4) This section shall not apply to offenders whose employers comply with the requirements of Section 47-7-36.1(1).
SECTION 19. Section 47-7-36.1, Mississippi Code of 1972, is amended as follows:
47-7-36.1 (1) Any employer of an offender may submit weekly time cards, proof of employment and the results of any required drug tests to the person who supervises an individual placed on parole by the Parole Board or placed on probation by the court in lieu of the meeting requirement described in Section 47-7-36.
(2) Any employer may
withhold an amount from an offender's paycheck sufficient to cover the fees
described in Section 47-7-49 and pay the amount to the * * * Division
of Community Corrections of the Mississippi Department of Public Safety
monthly.
(3) This section shall not apply to offenders who are self-employed.
(4) The board shall coordinate with the Mississippi Department of Corrections and the Department of Public Safety to promulgate rules and regulations to administer this section.
SECTION 20. Section 47-7-37, Mississippi Code of 1972, is amended as follows:
47-7-37. (1) The period of probation shall be fixed by the court, and may at any time be extended or terminated by the court, or judge in vacation. Such period with any extension thereof shall not exceed five (5) years, except that in cases of desertion and/or failure to support minor children, the period of probation may be fixed and/or extended by the court for so long as the duty to support such minor children exists. The time served on probation or post-release supervision may be reduced pursuant to Section 47-7-40.
(2) At any time during the period of probation, the court, or judge in vacation, may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the probationer to be arrested. Any probation and parole officer of the Division of Community Corrections of the Mississippi Department of Public Safety may arrest a probationer without a warrant, or may deputize any other officer with power of arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the probation and parole officer, violated the conditions of probation. Such written statement delivered with the probationer by the arresting officer to the official in charge of a county jail or other place of detention shall be sufficient warrant for the detention of the probationer.
(3) Whenever an offender is
arrested on a warrant for an alleged violation of probation as herein provided,
the * * * Division of Community Corrections
of the Mississippi Department of Public Safety shall hold an informal
preliminary hearing within seventy-two (72) hours of the arrest to determine
whether there is reasonable cause to believe the person has violated a
condition of probation. A preliminary hearing shall not be required when the
offender is not under arrest on a warrant or the offender signed a waiver of a
preliminary hearing. The preliminary hearing may be conducted electronically.
If reasonable cause is found, the offender may be confined no more than twenty-one
(21) days from the admission to detention until a revocation hearing is held.
If the revocation hearing is not held within twenty-one (21) days, the
probationer shall be released from custody and returned to probation status.
(4) If a probationer or offender is subject to registration as a sex offender, the court must make a finding that the probationer or offender is not a danger to the public prior to release with or without bail. In determining the danger posed by the release of the offender or probationer, the court may consider the nature and circumstances of the violation and any new offenses charged; the offender or probationer's past and present conduct, including convictions of crimes and any record of arrests without conviction for crimes involving violence or sex crimes; any other evidence of allegations of unlawful sexual conduct or the use of violence by the offender or probationer; the offender or probationer's family ties, length of residence in the community, employment history and mental condition; the offender or probationer's history and conduct during the probation or other supervised release and any other previous supervisions, including disciplinary records of previous incarcerations; the likelihood that the offender or probationer will engage again in a criminal course of conduct; the weight of the evidence against the offender or probationer; and any other facts the court considers relevant.
(5) (a) The probation and parole officer after making an arrest shall present to the detaining authorities a similar statement of the circumstances of violation. The probation and parole officer shall at once notify the court of the arrest and detention of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation. Within twenty-one (21) days of arrest and detention by warrant as herein provided, the court shall cause the probationer to be brought before it and may continue or revoke all or any part of the probation or the suspension of sentence. If the court revokes probation for one or more technical violations, the court shall impose a period of imprisonment to be served in either a technical violation center or a restitution center not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation. For the third revocation, the court may impose a period of imprisonment to be served in either a technical violation center or a restitution center for up to one hundred eighty (180) days or the court may impose the remainder of the suspended portion of the sentence. For the fourth and any subsequent revocation, the court may impose up to the remainder of the suspended portion of the sentence. The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.
(b) If the offender is not detained as a result of the warrant, the court shall cause the probationer to be brought before it within a reasonable time and may continue or revoke all or any part of the probation or the suspension of sentence, and may cause the sentence imposed to be executed or may impose any part of the sentence which might have been imposed at the time of conviction. If the court revokes probation for one or more technical violations, the court shall impose a period of imprisonment to be served in either a technical violation center or a restitution center not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation. For the third revocation, the court may impose a period of imprisonment to be served in either a technical violation center or a restitution center for up to one hundred eighty (180) days or the court may impose the remainder of the suspended portion of the sentence. For the fourth and any subsequent revocation, the court may impose up to the remainder of the suspended portion of the sentence. The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.
(c) If the court does not hold a hearing or does not take action on the violation within the twenty-one-day period, the offender shall be released from detention and shall return to probation status. The court may subsequently hold a hearing and may revoke probation or may continue probation and modify the terms and conditions of probation. If the court revokes probation for one or more technical violations, the court shall impose a period of imprisonment to be served in either a technical violation center operated by the Mississippi Department of Corrections or a restitution center not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation. For the third revocation, the court may impose a period of imprisonment to be served in either a technical violation center or a restitution center for up to one hundred eighty (180) days or the court may impose the remainder of the suspended portion of the sentence. For the fourth and any subsequent revocation, the court may impose up to the remainder of the suspended portion of the sentence. The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.
(d) For an offender charged with a technical violation who has not been detained awaiting the revocation hearing, the court may hold a hearing within a reasonable time. The court may revoke probation or may continue probation and modify the terms and conditions of probation. If the court revokes probation for one or more technical violations the court shall impose a period of imprisonment to be served in either a technical violation center operated by the department or a restitution center not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation. For the third revocation, the court may impose a period of imprisonment to be served in either a technical violation center or a restitution center for up to one hundred eighty (180) days or the court may impose the remainder of the suspended portion of the sentence. For the fourth and any subsequent revocation, the court may impose up to the remainder of the suspended portion of the sentence. The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.
(6) If the probationer is arrested in a circuit court district in the State of Mississippi other than that in which he was convicted, the probation and parole officer, upon the written request of the sentencing judge, shall furnish to the circuit court or the county court of the county in which the arrest is made, or to the judge of such court, a report concerning the probationer, and such court or the judge in vacation shall have authority, after a hearing, to continue or revoke all or any part of probation or all or any part of the suspension of sentence, and may in case of revocation proceed to deal with the case as if there had been no probation. In such case, the clerk of the court in which the order of revocation is issued shall forward a transcript of such order to the clerk of the court of original jurisdiction, and the clerk of that court shall proceed as if the order of revocation had been issued by the court of original jurisdiction. Upon the revocation of probation or suspension of sentence of any offender, such offender shall be placed in the legal custody of the State Department of Corrections and shall be subject to the requirements thereof.
(7) Any probationer who removes himself from the State of Mississippi without permission of the court placing him on probation, or the court to which jurisdiction has been transferred, shall be deemed and considered a fugitive from justice and shall be subject to extradition as now provided by law. No part of the time that one is on probation shall be considered as any part of the time that he shall be sentenced to serve.
(8) The arresting officer, except when a probation and parole officer, shall be allowed the same fees as now provided by law for arrest on warrant, and such fees shall be taxed against the probationer and paid as now provided by law.
(9) The arrest, revocation and recommitment procedures of this section also apply to persons who are serving a period of post-release supervision imposed by the court.
(10) Unless good cause for the delay is established in the record of the proceeding, the probation revocation charge shall be dismissed if the revocation hearing is not held within thirty (30) days of the warrant being issued.
(11) The Department of Corrections and the Mississippi Department of Public Safety shall provide semiannually to the Oversight Task Force the number of warrants issued for an alleged violation of probation or post-release supervision, the average time between detention on a warrant and preliminary hearing, the average time between detention on a warrant and revocation hearing, the number of ninety-day sentences in a technical violation center issued by the court, the number of one-hundred-twenty-day sentences in a technical violation center issued by the court, the number of one-hundred-eighty-day sentences issued by the court, and the number and average length of the suspended sentences imposed by the court in response to a violation.
SECTION 21. Section 47-7-38, Mississippi Code of 1972, is amended as follows:
47-7-38. (1) The Mississippi Department of Corrections shall have the authority to impose graduated sanctions as an alternative to judicial modification or revocation, as provided in Sections 47-7-27 and 47-7-37, for offenders on probation, parole, or post-release supervision who commit technical violations of the conditions of supervision as defined by Section 47-7-2.
(2) The * * * Mississippi Department of
Corrections and the Department of Public Safety shall jointly
develop a standardized graduated sanctions system, which shall include a grid
to guide field officers in determining the suitable response to a technical
violation. The commissioner shall promulgate rules and regulations for the
development and application of the system of sanctions. * * *
Probation and parole officers of the Division of Community Corrections of
the Mississippi Department of Public Safety shall be required to conform to
the sanction grid developed.
(3)
The system of sanctions shall include a list of sanctions for the most common
types of violations. When determining the sanction to impose, the * * *
probation and parole officers shall take into account the offender's
assessed risk level, previous violations and sanctions, and severity of the
current and prior violations.
(4) * * * Probation
and parole officers shall notify the sentencing court when a probationer
has committed a technical violation or the parole board when a parolee has
committed a technical violation of the type of violation and the sanction
imposed. When the technical violation is an arrest for a new criminal offense,
the * * * probation and parole officers
shall notify the court within forty-eight (48) hours of becoming aware of the
arrest.
(5) The graduated sanctions that the department may impose include, but shall not be limited to:
(a) Verbal warnings;
(b) Increased reporting;
(c) Increased drug and alcohol testing;
(d) Mandatory substance abuse treatment;
(e) Loss of earned-discharge credits; and
(f) Incarceration in a county jail for no more than two (2) days. Incarceration as a sanction shall not be used more than two (2) times per month for a total period incarcerated of no more than four (4) days.
(6) The system shall also define positive reinforcements that offenders will receive for compliance with conditions of supervision. These positive reinforcements shall include, but not limited to:
(a) Verbal recognition;
(b) Reduced reporting; and
(c) Credits for earned discharge which shall be awarded pursuant to Section 47-7-40.
(7) The Department of Corrections and the Department of Public Safety shall provide semiannually to the State Parole Board and the Oversight Task Force the number and percentage of offenders who have one or more violations during the year, the average number of violations per offender during the year and the total and average number of incarceration sanctions as defined in subsection (5) of this section imposed during the year.
SECTION 22. Section 47-7-39, Mississippi Code of 1972, is amended as follows:
47-7-39. If, for good and sufficient reasons, a probationer desires to change his residence within or without the state, such transfer may be effected by application to his field supervisor or probation and parole officers which transfer shall be subject to the court's consent and subject to such regulations as the court, or judge, may require.
SECTION 23. Section 47-7-40, Mississippi Code of 1972, is amended as follows:
47-7-40. (1) The Commissioner of Corrections and the Department of Public Safety shall jointly 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 of Corrections 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 of Corrections shall provide semiannually to the State Parole Board and 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.
SECTION 24. Section 47-7-41, Mississippi Code of 1972, is amended as follows:
47-7-41. When a probationer shall be discharged from probation by the court of original jurisdiction, the field supervisor (probation and parole officers), upon receiving a written request from the probationer, shall forward a written report of the record of the probationer to the Division of Community Corrections of the Mississippi Department of Public Safety, which shall present a copy of this report to the Governor. The Governor may, in his discretion, at any time thereafter by appropriate executive order restore any civil rights lost by the probationer by virtue of his conviction or plea of guilty in the court of original jurisdiction.
SECTION 25. Section 47-7-47, Mississippi Code of 1972, is amended as follows:
47-7-47. (1) The judge of
any circuit court may place an offender on a program of earned probation, in an
intensive supervision program or any intervention court authorized by law after
a period of confinement as set out herein and the judge may seek the advice of
the commissioner and shall direct that the defendant be under the supervision
of the * * * Division of Community Corrections
of the Mississippi Department of Public Safety.
(2) (a) Any circuit court
or county court may, upon its own motion, acting upon the advice and consent of
the commissioner not earlier than thirty (30) days nor later than three (3)
years after the defendant has been delivered to the custody of the * * * Division
of Community Corrections, incarcerated by order of the court or otherwise
sentenced, modify, alter or suspend the further execution of the sentence and
place the defendant on earned probation, in an intensive supervision program or
any intervention court authorized by law except when a death sentence or life
imprisonment is the maximum penalty which may be imposed or if the defendant
has been confined two (2) or more times for the conviction of a felony on a
previous occasion in any court or courts of the United States and of any state
or territories thereof or has been convicted of a felony involving the use of a
deadly weapon.
(b) The authority granted in this subsection shall be exercised by the judge who imposed sentence on the defendant, or his successor.
(c) The time limit imposed by paragraph (a) of this subsection is not applicable to those defendants sentenced to the custody of the department prior to April 14, 1977. Persons who are convicted of crimes that carry mandatory sentences shall not be eligible for earned probation.
(3) When any circuit or
county court places an offender on earned probation, the court shall give
notice to the Mississippi Department of Corrections and the Mississippi
Department of Public Safety within fifteen (15) days of the court's
decision to place the offender on earned probation. Notice shall be delivered
to the central office of the Mississippi Department of Corrections and to the
regional office of the * * * Division of
Community Corrections of the Department of Public Safety which will be
providing supervision to the offender on earned probation.
(4) If the court places any person on probation or earned probation, the court may order the person, as a condition of probation, to a period of confinement and treatment at a private or public agency or institution, either within or without the state, which treats emotional, mental or drug-related problems. Any person who, as a condition of probation, is confined for treatment at an out-of-state facility shall be supervised pursuant to Section 47-7-71, and any person confined at a private agency shall not be confined at public expense. Time served in any such agency or institution may be counted as time required to meet the criteria of subsection (2)(a).
(5) If the court places any person on probation or earned probation, the court may order the person to make appropriate restitution to any victim of his crime or to society through the performance of reasonable work for the benefit of the community.
(6) If the court places any person on probation or earned probation, the court may order the person, as a condition of probation, to 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.
SECTION 26. Section 47-7-49, Mississippi Code of 1972, is amended as follows:
47-7-49. (1) Any offender
on probation, parole, earned-release supervision, post-release supervision,
earned probation or any other offender under the probation and parole
officers' field supervision of the Community * * * Corrections Division of the
Department of Public Safety shall pay to the department the sum of Fifty-five
Dollars ($55.00) per month by certified check or money order unless a hardship
waiver is granted. An offender shall make the initial payment within sixty
(60) days after being released from imprisonment unless a hardship waiver is
granted. A hardship waiver may be granted by the sentencing court or the
Department of * * * Public Safety. A hardship waiver may not be
granted for a period of time exceeding ninety (90) days. The Commissioner of
Public Safety or his designee shall deposit Fifty Dollars ($50.00) of each
payment received into a special fund in the State Treasury, which is hereby
created, to be known as the Community Service Revolving Fund. Expenditures
from this fund shall be made for: (a) the establishment of restitution and
satellite centers; and (b) the establishment, administration and operation of
the department's Drug Identification Program and the intensive and field
supervision program. The Fifty Dollars ($50.00) may be used for salaries and
to purchase equipment, supplies and vehicles to be used by the Community * * * Corrections Division in the
performance of its duties. Expenditures for the purposes established in this
section may be made from the fund upon requisition by the commissioner, or his
designee.
Of the remaining amount, Three Dollars ($3.00) of each payment shall be deposited into the Crime Victims' Compensation Fund created in Section 99-41-29, and Two Dollars ($2.00) shall be deposited into the Training Revolving Fund created pursuant to Section 47-7-51. When a person is convicted of a felony in this state, in addition to any other sentence it may impose, the court may, in its discretion, order the offender to pay a state assessment not to exceed the greater of One Thousand Dollars ($1,000.00) or the maximum fine that may be imposed for the offense, into the Crime Victims' Compensation Fund created pursuant to Section 99-41-29.
Any federal funds made available to the department for training or for training facilities, equipment or services shall be deposited into the Correctional Training Revolving Fund created in Section 47-7-51. The funds deposited in this account shall be used to support an expansion of the department's training program to include the renovation of facilities for training purposes, purchase of equipment and contracting of training services with community colleges in the state.
No offender shall be required to make this payment for a period of time longer than ten (10) years.
(2) The offender may be imprisoned until the payments are made if the offender is financially able to make the payments and the court in the county where the offender resides so finds, subject to the limitations hereinafter set out. The offender shall not be imprisoned if the offender is financially unable to make the payments and so states to the court in writing, under oath, and the court so finds.
(3) An offender's responsibilities under this section may be satisfied by an offender's employer under Section 47-7-36.1(2).
(4) This section shall stand repealed from and after June 30, 2026.
SECTION 27. Section 47-7-51, Mississippi Code of 1972, is amended as follows:
47-7-51. (1) There is hereby created in the State Treasury a special fund, which shall be known as the Correctional Training Revolving Fund. This fund shall be used to develop and implement the comprehensive correction training program authorized in Chapter 509, Laws of 1990. These funds may be used to construct and renovate training facilities, purchase training equipment for the hiring of instructors, and to pay operating expenses to accomplish and fulfill the purposes of the training program, and to assist in funding the probation and parole officers program at the Division of Community Corrections of the Department of Public Safety.
(2) The Commissioner of Corrections shall establish guidelines for the use and accountability of such funds.
SECTION 28. This act shall take effect and be in force from and after July 1, 2027; provided that Section 1 of this act relating to the transitional plan for the transfer of probation and parole officers shall take effect and be in force from and after July 1, 2025.