Senate Bill 2814

AN ACT TO ENACT THE NONVIOLENT FIREARM OFFENSE EARLY INTERVENTION PROGRAM ACT; TO DEFINE TERMS; TO DIRECT A COURT TO CONSTRUE THE TERM NONVIOLENT FIREARM-RELATED OFFENSE BROADLY; TO REQUIRE THE SENTENCING COURT TO ORDER ALL QUALIFYING OFFENDERS TO PARTICIPATE IN A PROGRAM UNLESS THE COURT DETERMINES AN EXCEPTION APPLIES; TO PROVIDE THAT SATISFACTORY PROGRAM ATTENDANCE MAY, IN THE DISCRETION OF THE SENTENCING COURT, SATISFY THE CRIMINAL SENTENCE REQUIRED IN LIEU OF ANY OTHER CRIMINAL PENALTY OR FINE AUTHORIZED BY LAW; TO CREATE THE NONVIOLENT FIREARM OFFENSE EARLY INTERVENTION PROGRAM WITHIN THE DEPARTMENT OF MENTAL HEALTH; TO SET FORTH CERTAIN REQUIREMENTS AND PROCEDURES FOR THE PROGRAM; TO PROVIDE THAT A PARENT OR GUARDIAN OF AN OFFENDER PARTICIPATING IN THE PROGRAM MAY BE FINED FOR CAUSING THE ABSENCE OF THE OFFENDER; TO PROVIDE THAT FUNDING FOR REHABILITATION PROGRAMS MAY BE PROVIDED THROUGH FEDERAL GRANTS, PRIVATE OR PHILANTHROPIC GRANTS, SUPPORT FROM EXISTING DEPARTMENT OF MENTAL HEALTH FUNDS AND SPECIFIC APPROPRIATION BY THE LEGISLATURE; TO PROVIDE THAT IF A CERTIFIED REHABILITATION PROGRAM IS NOT AVAILABLE WITHIN A CERTAIN DISTANCE OF AN OFFENDER'S RESIDENCE, THE COURT SHALL ALLOW VIRTUAL OR HYBRID PARTICIPATION; TO PROVIDE THE SCOPE OF THE ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. This act shall be known and may be cited as the "Nonviolent Firearm Offense Early Intervention Program Act."

SECTION 2. As used in this act:

(a) "Department" means the Department of Mental Health.

(b) "Nonviolent firearm-related offense" means any firearm or weapon offense under state or federal law that does not involve the discharge of a firearm, the use of a firearm to threaten, intimidate, or coerce another person, the brandishing of a firearm in a threatening manner, the infliction or attempted infliction of injury, conduct creating a substantial risk of serious bodily harm, or participation in armed robbery, burglary, assault, or other similar violent conduct. The term includes, but is not limited to, unlawful possession of a firearm, offenses by a minor in possession of a firearm, concealed carry violations, possession or transfer of a stolen firearm, possession of an unregistered firearm, possession of suppressors, and similar nonviolent firearm-related conduct.

(c) "Program" means the Nonviolent Firearm Offense Early Intervention Program authorized under this act and certified by the Department of Mental Health that includes a trauma-informed assessment, cognitive behavioral therapy-based treatment, family participation component, firearm safe-storage education, mentorship or youth development component, a minimum duration of twelve (12) weeks, attendance and participation tracking, and written certification of meaningful participation.

(d) "Satisfactory program attendance" means:

(i) Attendance at all required sessions of a required program, unless excused for documented emergencies;

(ii) Active participation as documented by the counselor;

(iii) Compliance with behavioral standards prohibiting violence, alcohol use, and controlled substances except medically certified cannabis use pursuant to chapter; and

(iv) Completion of assigned program work, and good behavior throughout the period of supervision.

(e) "Qualifying offender" or "offender" means a person who was twenty-one (21) years of age or younger at the time of the offense, who is adjudicated or convicted for the first time of a nonviolent firearm-related offense, including qualifying offenses adjudicated or convicted in another state, territory, or federal jurisdiction.

SECTION 3. (1) The court shall construe the term nonviolent firearm-related offense broadly. Classification of an offense as a nonviolent firearm-related offense shall be favored unless the state proves by clear and convincing evidence that an exclusion applies.

(2) The determination of whether an offense is a nonviolent firearm-related offense shall be based on the statutory elements of the offense solely. Such determination shall not be based on dismissed, uncharged, adjudicated, expunged or acquitted conduct. The determination of whether an offense is a nonviolent firearm-related offense shall not be based solely on prosecutorial representations.

SECTION 4. (1) The sentencing court shall order all qualifying offenders to participate in a program unless the court finds probable cause that:

(a) Participation presents a substantial and specific risk of violent conduct;

(b) A medical, psychological, or developmental condition renders participation impossible or inappropriate;

(d) Participation conflicts with another mandatory sentence or statutory requirement.

(2) The grounds for exemption listed in subsection (1) of this section are exclusive. A court shall not deny an offender participation in the program based on speculative public safety concerns, general compliance concerns, socioeconomic factors, family instability, or an individualized assessment of an offender's credibility and demeanor.

(3) Either party may offer evidence and testimony regarding participation or exclusion.

(4) The court shall issue a written findings supporting any exclusion from the program.

(5) Notwithstanding any other provision of law to the contrary, satisfactory program attendance may, in the discretion of the sentencing court, satisfy the criminal sentence required in lieu of any other criminal penalty or fine authorized by law.

SECTION 5. (1) The Nonviolent Firearm Offense Early Intervention Program is created within the Department of Mental Health. The program shall be a standardized therapeutic and rehabilitative program. The department shall promulgate the rules and regulations necessary to effectuate the purposes of this act.

(2) Each qualifying offender in the program shall be given a full trauma, risk, and behavioral assessment, a firearm access and environmental assessment, and a family or guardian firearm safe-storage evaluation.

(3) (a) Each qualifying offender in the program shall be provided an individualized treatment plan that includes cognitive behavioral therapy, family engagement, mentorship or youth development components, firearm safe-storage compliance requirements, and participation in a certified trade, vocational, or apprenticeship program, when appropriate.

(b) Compliance with the individualized treatment plan shall be documented as determined by the department with frequent reports to the sentencing court. Failure to comply with the terms of the program may result in additional supervision requirements or court-imposed sanctions.

(4) Any offender who is eighteen (18) to twenty-one (21) years of age shall be required to be:

(a) Enrolled in high school or an equivalent program;

(b) Enrolled in an undergraduate program;

(d) Employed in a lawful occupation; or

(e) Actively pursuing a certified trade or apprenticeship.

(5) Attendance and participation in the program shall be documented by the licensed program counselor as determined by the department.

(6) In a manner to be determined by the department, frequent reports shall be submitted to the sentencing court documenting attendance, participation, substance use, and behavior, and the court may consider such reports in determining continued participation.

(7) (a) Upon completion of the rehabilitation program, the department shall provide written certification of meaningful participation.

(b) An offender may petition the sentencing court concerning a denial or delay of certification by the department, and the sentencing court may order certification upon a finding that all requirements have been satisfied.

SECTION 6. A parent or guardian of an offender participating in the program may be fined up to One Thousand Dollars ($1,000.00) for causing the absence of the offender. Defenses to the fine authorized under this section shall include lack of transportation, work obligations, disability, financial hardship, or other circumstances beyond the reasonable control of the parent or guardian.

SECTION 7. Funding for rehabilitation programs may be provided through federal grants, private or philanthropic grants, support from existing Department of Mental Health funds and specific appropriation by the Legislature.

SECTION 8. If a certified rehabilitation program is not available within fifty (50) miles of the offender's residence, the court shall allow virtual or hybrid participation. The lack of a local program shall not be used as a basis to deny participation in the program.

SECTION 9. (1) This act shall apply regardless of whether the qualifying offender is adjudicated or sentenced in youth court or circuit court.

(2) Participation in or exclusion from a program under this act shall not affect eligibility under Section 47-7-3.2, earned time or meritorious earned time.

SECTION 10. This act shall take effect and be in force from and after July 1, 2026.