MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary B; Corrections
By: Representatives Gipson, Snowden, Taylor
AN ACT TO AMEND SECTIONS 9-23-3, 9-23-5, 9-23-9, 9-23-11,
9-23-13, 9-23-15, 9-23-17 AND 9-23-19, MISSISSIPPI CODE OF 1972, TO REVISE DRUG
COURT PROVISIONS REGARDING LEGISLATIVE INTENT, DEFINITIONS, THE ADVISORY
COMMITTEE, INTERVENTION COMPONENTS AND SERVICES, PARTICIPATION, AUTHORITY AND
FUNDING; TO AMEND SECTION 99-15-26, MISSISSIPPI CODE OF 1972, TO REVISE
NONADJUDICATED PROBATION; TO AMEND SECTION 47-7-33, MISSISSIPPI CODE OF 1972,
TO REVISE PROBATION; TO AMEND SECTIONS 47-5-1003 AND 47-5-1007, MISSISSIPPI
CODE OF 1972, TO REVISE INTENSIVE SUPERVISION AND ELECTRONIC HOME DETENTION; TO
AMEND SECTION 99-15-107, MISSISSIPPI CODE OF 1972, TO REVISE ELIGIBILITY FOR
THE PRETRIAL INTERVENTION PROGRAM; TO AMEND SECTIONS 97-17-39, 97-17-41, 97-17-42,
97-17-43, 97-17-47, 97-17-60, 97-17-62, 97-17-64, 97-17-67, 97-17-70, 97-17-71,
97-21-29, 97-21-33, 97-21-37, 97-21-59, 97-23-19, 97-23-93, 97-23-94, 97-45-3,
97-45-5, 97-45-7, 97-45-9 AND 97-45-19, MISSISSIPPI CODE OF 1972, TO REVISE THE
THRESHOLD MONETARY AMOUNT REGARDING PROPERTY AND CERTAIN OTHER CRIMES THAT
DESIGNATES SUCH CRIMES AS MISDEMEANORS AND FELONIES AND TO REVISE CERTAIN
PENALTIES; TO AMEND SECTION AND 97-43-5,
MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS REGARDING CRIMINAL ENTERPRISES;
TO AMEND SECTIONS 41-29-139 AND 41-29-313, MISSISSIPPI CODE OF 1972, TO REVISE
PENALTIES RELATED TO CERTAIN CONTROLLED SUBSTANCES; TO CREATE SECTION 97-3-2,
MISSISSIPPI CODE OF 1972, TO DEFINE CRIMES OF VIOLENCE; TO AMEND SECTION 47-7-3,
MISSISSIPPI CODE OF 1972, TO REVISE PAROLE ELIGIBILITY; TO AMEND SECTION 47-5-138.1,
MISSISSIPPI CODE OF 1972, TO REVISE EXCEPTIONS FOR ELIGIBILITY FOR TRUSTY TIME;
TO PROVIDE FOR INMATE CASE PLANNING; TO PROVIDE PAROLE RELEASE PROCEDURES; TO
AMEND SECTIONS 47-7-17 AND 47-5-157, MISSISSIPPI CODE OF 1972, IN CONFORMITY;
TO AMEND SECTION 47-5-139, MISSISSIPPI CODE OF 1972, TO REVISE ELIGIBILITY FOR
EARNED-TIME ALLOWANCES; TO AMEND SECTION 47-7-2, MISSISSIPPI CODE OF 1972, TO
DEFINE CERTAIN TERMS; TO PROVIDE FOR REENTRY PLANNING FOR INMATES; TO AMEND
SECTIONS 45-33-41, 47-5-173 AND 47-5-177, MISSISSIPPI CODE OF 1972, TO REVISE
VICTIM NOTIFICATION PROVISIONS; TO AMEND SECTIONS 47-7-5 AND 47-7-9,
MISSISSIPPI CODE OF 1972, TO REVISE TRAINING REQUIREMENTS; TO PROVIDE FOR
GRADUATED SANCTIONS AND INCENTIVES; TO PROVIDE FOR EARNED DISCHARGE; TO AMEND
SECTIONS 47-7-27, 47-7-34, 47-7-37, 47-5-901 AND 47-5-911, MISSISSIPPI CODE OF
1972, TO REVISE PAROLE VIOLATION HEARINGS PROVISIONS; TO ESTABLISH TECHNICAL
VIOLATION CENTERS IN THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTIONS 47-5-10
AND 47-5-26, 9-7-122, 9-11-27, 21-23-12, MISSISSIPPI CODE OF 1972, IN
CONFORMITY; TO AMEND SECTION 47-5-28, MISSISSIPPI CODE OF 1972, TO REVISE THE
DUTIES AND RESPONSIBILITIES OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS;
TO REQUIRE COUNTY CLERKS, MUNICIPAL CLERKS AND JUSTICE COURT CLERKS TO FILE
CERTAIN INFORMATION WITH THE MISSISSIPPI JUDICIAL COLLEGE TO PROVIDE FOR FISCAL
IMPACT STATEMENTS; TO CREATE THE SENTENCING AND CRIMINAL JUSTICE OVERSIGHT TASK
FORCE; TO PROVIDE FOR THE MEMBERSHIP, DUTIES AND POWERS; TO BRING FORWARD
SECTIONS 47-5-138, 47-5-142, 97-9-79, 97-45-19, MISSISSIPPI CODE OF 1972, FOR
PURPOSE OF AMENDMENT; to bring forward sections 99-10-81, 99-19-84, 99-19-85
and 99-19-87AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-23-3, Mississippi Code of 1972, is amended as follows:
9-23-3. (1) The Legislature of Mississippi recognizes the critical need for judicial intervention to reduce the incidence of alcohol and drug use, alcohol and drug addiction, and crimes committed as a result of alcohol and drug use and alcohol and drug addiction. It is the intent of the Legislature to facilitate local drug court alternative orders adaptable to chancery, circuit, county, youth, municipal and justice courts.
(2) The goals of the drug courts under this chapter include the following:
(a) To reduce alcoholism and other drug dependencies among adult and juvenile offenders and defendants and among respondents in juvenile petitions for abuse, neglect or both;
(b) To reduce criminal and delinquent recidivism and the incidence of child abuse and neglect;
(c) To reduce the alcohol-related and other drug-related court workload;
(d) To increase
personal, familial and societal accountability of adult and juvenile offenders
and defendants and respondents in juvenile petitions for abuse, neglect or
both; * * *
(e) To promote
effective interaction and use of resources among criminal and juvenile justice
personnel, child protective services personnel and community agencies * * *; and
(f) To use corrections resources more effectively by redirecting prison-bound offenders whose criminal conduct is driven in part by drug and alcohol dependence to intensive supervision and clinical treatment available in the drug court.
SECTION 2. Section 9-23-5, Mississippi Code of 1972, is amended as follows:
9-23-5. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:
(a) Chemical tests means the analysis of an individuals: (i) blood, (ii) breath, (iii) hair,
(iv) sweat, (v) saliva, (vi) urine or (vii) other bodily substance to determine
the presence of alcohol or a controlled substance.
* * *
(b) ""Crime
of violence"" means an
offense listed in Section 97-3-2.
( * * *c) ""Drug
court""
means an immediate and highly structured intervention process for substance
abuse treatment of eligible defendants or juveniles that:
(i) Brings together substance abuse professionals, local social programs and intensive judicial monitoring; and
(ii) Follows the key components of drug courts published by the Drug Court Program Office of the United States Department of Justice.
* * *
(d) ""Evidence-based
practices""
means supervision policies, procedures, and practices that scientific
research demonstrates reduce recidivism.
(e) ""Risk- and needs
assessment""
means the use of an actuarial assessment tool validated on a Mississippi
corrections population to determine a person''s
risk to reoffend and the needscharacteristics
that, whenif
addressed, reduce the risk to reoffend.
SECTION 3. Section 9-23-9, Mississippi Code of 1972, is amended as follows:
9-23-9. (1) The State Drug Courts Advisory Committee is established to develop and periodically update proposed statewide evaluation plans and models for monitoring all critical aspects of drug courts. The committee must provide the proposed evaluation plans to the Chief Justice and the Administrative Office of Courts. The committee shall be chaired by the Director of the Administrative Office of Courts and shall consist of not less than seven (7) members nor more than eleven (11) members appointed by the Supreme Court and broadly representative of the courts, law enforcement, corrections, juvenile justice, child protective services and substance abuse treatment communities.
(2) The State Drug Courts Advisory Committee may also make recommendations to the Chief Justice, the Director of the Administrative Office of Courts and state officials concerning improvements to drug court policies and procedures including the drug court certification process. The committee may make suggestions as to the criteria for eligibility, and other procedural and substantive guidelines for drug court operation.
(3) The State Drug Courts Advisory Committee shall act as arbiter of disputes arising out of the operation of drug courts established under this chapter and make recommendations to improve the drug courts; it shall also make recommendations to the Supreme Court necessary and incident to compliance with established rules.
(4) The State Drug Courts Advisory Committee shall establish through rules and regulations a viable and fiscally responsible plan to expand the number of adult and juvenile drug court programs operating in Mississippi. These rules and regulations shall include plans to increase participation in existing and future programs while maintaining their voluntary nature.
(5) The State Drug Courts Advisory Committee shall receive and review the monthly reports submitted to the Administrative Office of Courts by each certified drug court and provide comments and make recommendations, as necessary, to the Chief Justice and the Director of the Administrative Office of Courts.
SECTION 4. Section 9-23-11, Mississippi Code of 1972, is amended as follows:
9-23-11. (1) * * *
The Administrative Office
of Courts shall establish, implement and operate a uniform certification
process for all drug courts and other problem-solving courts including juvenile
courts, veterans courts or any other court designed to adjudicate criminal
actions involving an identified classification of criminal defendant to ensure
funding for drug courts supports effective and proven practices that reduce
recidivism and substance dependency among their participants.
(2)
The Administrative Office of Courts shall establish a certification process
that ensures any new or existing drug court meets minimum standards for operating a drug
court
operation.
(a) These standards shall include, but are not limited to:
(i) The use of evidence-based practices including, but not limited to, the use of a valid and reliable risk -and needs assessment tool to identify participants and deliver appropriate interventions;
(ii) Targeting medium to high risk offenders for participation;
(iii) The use of current, evidence-based interventions proven to reduce dependency on drugs or alcohol, or both;
(iv) Frequent testing for alcohol or drugs;
(v) Coordinated strategy between all drug court program personnel involving the use of graduated clinical interventions;
(vi) Ongoing judicial interaction with each participant; and
(vii) Monitoring and evaluation of drug court program implementation and outcomes through data collection and reporting.
(b) Drug court certification applications shall include:
(i)
A description of the need for athe drug court;
(ii) The targeted population for the drug court;
(iii) The eligibility criteria for drug court participants;
(iv) A description of the process for identifying appropriate participants including the use of a risk- and needs assessment and a clinical assessment;
(v) A description of the drug court intervention components including anticipated budget and implementation plan;
(vi) The data collection plan which shall include collecting the following data:
1. Total number of participants;
2.
The tTotal
number of successful participants;
3. Total number of unsuccessful participants and the reason why each participant did not complete the program;
4.
The tTotal
number of participants who were arrested for a new criminal offense while in
the drug court program;
5.
The tTotal
number of participants who were convicted of a new felony or misdemeanor
offense while in the drug court program;
6.
The tTotal
number of participants who committed at least one (1) violation while in the
drug court program and the resulting sanction(s);
7.
The rResults
of the initial risk -and needs assessment
or other clinical assessment conducted on each participant; and
8. Any other data or information as required by the Administrative Office of Courts.
(c) Every drug court shall be certified under the following schedule:
(i) A drug court application submitted after the effective date of this act shall require certification of the drug court based on the proposed drug court plan;
(ii) A drug court established after the effective date of this act shall be recertified after its second year of funded operation;
(iii) A drug court in existence on the effective date of this act must submit a certification petition within one (1) year of the effective date of this act and be certified pursuant to the requirements of this section prior to expending drug court resources budgeted for fiscal year 2016; and
(iv) All drug courts shall submit a re-certification petition every two (2) years to the Administrative Office of Courts after the initial certification.
(3) All certified drug courts shall measure successful completion of the drug court based on those participants who complete the program without a new criminal conviction.
(4) (a) All certified drug courts must collect and submit to the Administrative Office of Courts each month, the following data:
(ai)
Total number of participants at the beginning of the month;
(bii)
Total number of participants at the end of the month;
(ciii)
The tTotal
number of participants beginningthat began the
program in the month;
(div)
The tTotal
number of participants that successfully completed the drug court thatin the
month;
(ev)
Total number of participants who left the program in the month;
(fvi)
The tTotal
number of participants who were arrested for a new criminal offense while in
the drug court program in the month;
(gvii)
The tTotal
number of participants who were convicted for a new criminal arrest while in
the drug court program in the month; and
(hviii)
The tTotal
number of participants who committed at least one (1) violation while in the
drug court program and any resulting sanction(s).
(b) By August 1, 2015, and each year thereafter, the Administrative Office of Courts shall report to the PEER Committee the information in subsection (4)(a) of this section in a sortable, electronic format.
(5) All certified drug courts may individually establish rules and may make special orders and rules as necessary that do not conflict with the rules promulgated by the Supreme Court or the Administrative Office of Courts.
(6)
A certified drug court may appoint suchthe full- or part-time
employees it deems necessary for the work of the drug court and shall fix the
compensation of those employees. Such employees shall serve at the will and
pleasure of the judge or the judge''s designee.
(7) The Administrative Office of Courts shall promulgate rules and regulations to carry out the certification and re-certification process and make any other policies not inconsistent with this section to carry out this process.
(8) A certified drug court established under this chapter is subject to the regulatory powers of the Administrative Office of Courts as set forth in Section 9-23-17.
SECTION 5. Section 9-23-13, Mississippi Code of 1972, is amended as follows:
9-23-13. (1)
A drug court''s alcohol and drug
intervention component * * *
shall provide for eligible individuals, either directly or through
referrals, a range of necessary court intervention services, including, but
not limited to, the following:
(a) Screening using
a valid and reliable assessment tool effective for identifying alcohol and drug
dependent persons for eligibility and * * * appropriate services;
(b) Clinical assessment;
(c) Education;
(d) Referral;
(e) Service coordination and case management; and
(f) Counseling and rehabilitative care.
(2) Any inpatient treatment or inpatient detoxification program ordered by the court shall be certified by the Department of Mental Health, other appropriate state agency or the equivalent agency of another state.
SECTION 6. Section 9-23-15, Mississippi Code of 1972, is amended as follows:
9-23-15. (1) In order to be eligible for alternative sentencing through a local drug court, the participant must satisfy each of the following criteria:
(a) The participant cannot have any felony convictions for any offenses that are crimes of violence as defined in Section 97-3-2.
(b) The crime before the court cannot be a crime of violence as defined in Section 97-3-2.
(c) Other criminal proceedings alleging commission of a crime of violence cannot be pending against the participant.
(d) The participant
cannot have
beenbe currently charged with burglary of * * * a dwelling under Section 97-17-23(2) or 97-17-37(2).
(e) The crime before the court cannot be a charge of driving under the influence of alcohol or any other drug or drugs that resulted in the death of a person.
(f) The crime charged
cannot be one of distribution, sale, possession with intent to
distribute, production, manufacture or cultivation oftrafficking in
controlled substances under Section 41-29-139(f),
nor can the participant have a prior conviction for same.
* * *
(2) Participation in the services of an alcohol and drug intervention component shall be open only to the individuals over whom the court has jurisdiction, except that the court may agree to provide the services for individuals referred from another drug court. In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.
(3) (a) As a condition of participation in a drug court, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the drug court. A participant is liable for the costs of all chemical tests required under this section, regardless of whether the costs are paid to the drug court or the laboratory; however, if testing is available from other sources or the program itself, the judge may waive any fees for testing.
(b) A laboratory that performs a chemical test under this section shall report the results of the test to the drug court.
(4) A person does not have a right to participate in drug court under this chapter. The court having jurisdiction over a person for a matter before the court shall have the final determination about whether the person may participate in drug court under this chapter.
SECTION 7. Section 9-23-17, Mississippi Code of 1972, is amended as follows:
9-23-17. With regard to any
drug court established under this chapter, the Administrative Office of Courts * * * shall do the following:
(a) Certify and re-certify drug court applications that meet standards established by Administrative Office of Courts in accordance with this chapter.
( * * *b) Ensure that the structure of the
intervention component complies with rules adopted under this section and
applicable federal regulations.
( * * *c) Revoke the authorization of a
program upon a determination that the program does not comply with rules
adopted under this section and applicable federal regulations.
( * * *d) Make agreements and contracts to
effectuate the purposes of this chapter with:
(i) Another department, authority or agency of the state;
(ii) Another state;
(iii) The federal government;
(iv) A state-supported or private university; or
(v) A public or private agency, foundation, corporation or individual.
( * * *e) Directly, or by contract, approve
and certify any intervention component established under this chapter.
( * * *f) Require, as a condition of
operation, that each drug court created or funded under this chapter be
certified by the Administrative Office of Courts.
(g) Collect monthly
data reports submitted by all certified drug courts, provide those reports to
the State Drug Courts Advisory Committee, and compile
an annual report summarizing the data collected and the outcomes achieved by
all certified drug courts and submit the annual report to the Oversight Task
Force.
(h) Every three (3) years contract with an external evaluator to conduct an evaluation of the effectiveness of the drug court program, both statewide and individual drug court programs, in complying with the key components of the drug courts adopted by the National Association of Drug Court Professionals.
( * * *i) Adopt rules to implement this
chapter.
SECTION 8. Section 9-23-19, Mississippi Code of 1972, is amended as follows:
9-23-19. (1) All monies received from any source by the drug court shall be accumulated in a fund to be used only for drug court purposes. Any funds remaining in this fund at the end of a fiscal year shall not lapse into any general fund, but shall be retained in the drug court fund for the funding of further activities by the drug court.
(2) A drug court may apply for and receive the following:
(a) Gifts, bequests and donations from private sources.
(b) Grant and contract money from governmental sources.
(c) Other forms of financial assistance approved by the court to supplement the budget of the drug court.
(3) The costs of participation in an alcohol and drug intervention program required by the certified drug court may be paid by the participant or out of user fees or such other state, federal or private funds that may, from time to time, be made available.
(4) The court may assess such reasonable and appropriate fees to be paid to the local drug court fund for participation in an alcohol or drug intervention program.
SECTION 9. Section 99-15-26, Mississippi Code of 1972, is amended as follows:
99-15-26. (1) (a) In all criminal cases, felony and misdemeanor, other than crimes against the person, a crime of violence as defined in Section 97-3-2 or a violation of Section 97-11-31, the circuit or county court shall be empowered, upon the entry of a plea of guilty by a criminal defendant made on or after July 1, 2014, to withhold acceptance of the plea and sentence thereon pending successful completion of such conditions as may be imposed by the court pursuant to subsection (2) of this section.
(b) In all misdemeanor criminal cases, other than crimes against the person, the justice or municipal court shall be empowered, upon the entry of a plea of guilty by a criminal defendant, to withhold acceptance of the plea and sentence thereon pending successful completion of such conditions as may be imposed by the court pursuant to subsection (2) of this section.
(c) Notwithstanding
Section 97-3-2, Iin
all criminal cases charging a misdemeanor of domestic violence as defined in
Section 99-3-7(5) or aggravated domestic violence as defined in Section 97-3-7(4),
a circuit, county, justice or municipal court shall be empowered, upon the
entry of a plea of guilty by the criminal defendant, to withhold acceptance of
the plea and sentence thereon pending successful completion of such conditions
as may be imposed by the court pursuant to subsection (2) of this section.
(d) * * *
A
person shall not be eligible to qualify for release in accordance with this
section if such person has been charged * * * with an offense pertaining to * * *
trafficking in controlled substances as provided in
Section 41-29-139 * * *(gf).
(2) (a) Conditions which the circuit, county, justice or municipal court may impose under subsection (1) of this section shall consist of:
(i) Reasonable restitution to the victim of the crime.
(ii) Performance of not more than nine hundred sixty (960) hours of public service work approved by the court.
(iii) Payment of a fine not to exceed the statutory limit.
(iv) Successful completion of drug, alcohol, psychological or psychiatric treatment, successful completion of a program designed to bring about the cessation of domestic abuse, or any combination thereof, if the court deems treatment necessary.
(v) The circuit or county court, in its discretion, may require the defendant to remain in the program subject to good behavior for a period of time not to exceed five (5) years. The justice or municipal court, in its discretion, may require the defendant to remain in the program subject to good behavior for a period of time not to exceed two (2) years.
(b) Conditions which the circuit or county court may impose under subsection (1) of this section also include successful completion of a regimented inmate discipline program.
(3) When the court has imposed upon the defendant the conditions set out in this section, the court shall release the bail bond, if any.
(4) Upon successful completion of the court-imposed conditions permitted by subsection (2) of this section, the court shall direct that the cause be dismissed and the case be closed.
(5) Upon petition therefor, the court shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped or there was no disposition of such case.
(6) This section shall take effect and be in force from and after March 31, 1983.
SECTION 10. 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 Department of Corrections.
(2) When any circuit or
county court places an offender on probation, the court shall give notice to
the Mississippi Department of Corrections 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 department 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 Public Welfare, 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 11. Section 47-5-1003, Mississippi Code of 1972, is amended as follows:
47-5-1003. (1) An
intensive supervision program may be used as an alternative to incarceration
for offenders who are * * * not convicted of a crime of violence pursuant
to Section 97-3-2 as selected by the * * * court and for juvenile offenders
as provided in Section 43-21-605. Any offender convicted of a sex crime shall
not be placed in the program.
(2) The court * * * may place the defendant on
intensive supervision, except when a death sentence or life imprisonment is the
maximum penalty which may be imposed * * * by a court or judge.
(3) To protect and to
ensure the safety of the state''s citizens, any
offender who violates an order or condition of the intensive supervision
program may be arrested by the correctional field officer and placed in the
actual custody of the Department of Corrections. Such offender is under the
full and complete jurisdiction of the department and subject to removal from the
program by the classification hearing officer.
(4) When any circuit or
county court places an offender in an intensive supervision program, the court
shall give notice to the Mississippi Department of Corrections within fifteen
(15) days of the court''s decision to
place the offender in an intensive supervision program. Notice shall be
delivered to the central office of the Mississippi Department of Corrections
and to the regional office of the department which will be providing
supervision to the offender in an intensive supervision program.
The courts may not require an offender to participate in the intensive supervision program during a term of probation or post-release supervision.
(5) The Department of
Corrections shall * * * provide to
the Oversight Task Force all relevant data regarding the offenders
participating in the intensive supervision program including the number of
offenders admitted to the program annually, the number of offenders who leave
the program annually and why they leave, the number of offenders who are
arrested or convicted annually and the circumstances of the arrest and any
other information requested.
SECTION 12. Section 47-5-1007, Mississippi Code of 1972, is amended as follows:
47-5-1007. (1) Any participant in the intensive supervision program who engages in employment shall pay a monthly fee to the department for each month such person is enrolled in the program. The department may waive the monthly fee if the offender is a full-time student or is engaged in vocational training. Juvenile offenders shall pay a monthly fee of not less than Ten Dollars ($10.00) but not more than Fifty Dollars ($50.00) based on a sliding scale using the standard of need for each family that is used to calculate TANF benefits. Money received by the department from participants in the program shall be deposited into a special fund which is hereby created in the State Treasury. It shall be used, upon appropriation by the Legislature, for the purpose of helping to defray the costs involved in administering and supervising such program. Unexpended amounts remaining in such special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in such special fund shall be deposited to the credit of the special fund.
(2) The participant shall
admit any correctional officer into his residence at any time for purposes of
verifying the participant''s compliance with
the conditions of his detention.
(3) The participant shall
make the necessary arrangements to allow for correctional officers to visit the
participant''s place of
education or employment at any time, based upon the approval of the educational
institution or employer, for the purpose of verifying the participant''s
compliance with the conditions of his detention.
(4) The participant shall
acknowledge and participate with the approved electronic monitoring device as
designated by the department at any time for the purpose of verifying the
participant''s compliance with
the conditions of his detention.
(5) The participant shall be responsible for and shall maintain the following:
(a) A working
telephone line in the participant''s home;
(b) A monitoring
device in the participant''s home, or on the
participant''s person, or both;
and
(c) A monitoring
device in the participant''s home and on the
participant''s person in the
absence of a telephone.
(6) The participant shall obtain approval from the correctional field officer before the participant changes residence.
(7) The participant shall not commit another crime during the period of home detention ordered by the court or department.
(8) Notice shall be given to the participant that violation of the order of home detention shall subject the participant to prosecution for the crime of escape as a felony.
(9) The participant shall abide by other conditions as set by the court or the department.
SECTION 13. Section 99-15-107, Mississippi Code of 1972, is amended as follows:
99-15-107. A person shall
not be considered for intervention if he or she has * * * been
charged with any crime of violence * * * pursuant
to Section 97-3-2. A person shall not be eligible for acceptance into the
intervention program provided by Sections 99-15-101 through 99-15-127 if such
person has been charged (a) with an offense pertaining to * * * trafficking
in a controlled substance, as provided in Section 41-29-139(gf).
SECTION 14. Section 97-17-39, Mississippi Code of 1972, is amended as follows:
97-17-39. If any person, by any means whatever, shall willfully or mischievously injure or destroy any of the burial vaults, urns, memorials, vases, foundations, bases or other similar items in a cemetery, or injure or destroy any of the work, materials, or furniture of any courthouse or jail, or other public building, or schoolhouse or church, or deface any of the walls or other parts thereof, or shall write, or make any drawings or character, or do any other act, either on or in said building or the walls thereof, or shall deface or injure the trees, fences, pavements, or soil, on the grounds belonging thereto, or an ornamental or shade tree on any public road or street leading thereto, such person, upon conviction, for such offense, shall be punished as follows:
(a) If the damage
caused by the destruction or defacement of such property has a value of less
than * * * One Thousand Dollars ($1,000.00), any
person who is convicted of * * * this offense shall be fined not
more than One Thousand Dollars ($1,000.00) or be * * * sentenced to a
term of probation for not more than one (1) year, or both. The court
may impose a sentence of imprisonment in the county jail for not more than one
(1) year if the court finds substantial and compelling reasons why the offender
cannot be safely and effectively supervised in the community, is not amenable
to community-based treatment, or poses a significant risk to public safety. If
such a finding is made, the finding shall be stated on the record at the time
of sentencing. Any person convicted of a third or subsequent offense under
this subsection where the value of the property is not less than Five Hundred
Dollars ($500.00), shall be imprisoned in the Penitentiary
for a term not exceeding three (3) years or fined an amount not exceeding Two
Thousand Dollars ($2,000.00), or both.
(b) If the damage
caused by the destruction or defacement of such property has a value equal to
or exceeding * * * One Thousand Dollars ($1,000.00) but
less than Five Thousand Dollars ($5,000.00), any person who is convicted of * * * this offense shall be fined not
more than Five Thousand Dollars ($5,000.00) or be imprisoned in the State
Penitentiary for up to five (5) years, or both.
(c) If the damage caused by the destruction or defacement of such property has a value of Five Thousand Dollars ($5,000.00) or more but less than Twenty-five Thousand Dollars ($25,000.00), any person who is convicted of this offense shall be fined not more than Ten Thousand Dollars ($10,000.00) or be imprisoned in the Penitentiary for up to ten (10) years.
(d) If the damage caused by the destruction or defacement of such property has a value of Twenty-five Thousand Dollars ($25,000.00) or more, any person who is convicted of this offense shall be fined not more than Ten Thousand Dollars ($10,000.00) or be imprisoned in the Penitentiary for up to twenty (20) years.
SECTION 15. Section 97-17-41, Mississippi Code of 1972, is amended as follows:
97-17-41. (1) * * * Any person who shall be convicted
of taking and carrying away, feloniously, the personal property of another, of
the value of * * * One Thousand Dollars ($1,000.00) or
more, but less than Five Thousand Dollars ($5,000.00), shall be guilty
of grand larceny, and shall be imprisoned in the Penitentiary for a term not
exceeding * * *
five (5) years; or shall be fined not more than Ten Thousand Dollars
($10,000.00), or both. The total value of property taken and carried away by
the person from a single victim shall be aggregated in determining the gravity
of the offense.
(2) * * * Any person
who shall be convicted of taking and carrying away, feloniously, the personal
property of another, of the value of Five Thousand Dollars ($5,000.00) or more,
but less than Twenty-five Thousand Dollars ($25,000.00), shall be guilty of
grand larceny, and shall be imprisoned in the Penitentiary for a term not
exceeding ten (10) years; or shall be fined not more than Ten Thousand Dollars
($10,000.00), or both. The total value of property taken and carried away by
the person from a single victim shall be aggregated in determining the gravity
of the offense.
(3) Any person who shall be convicted of taking and carrying away, feloniously, the personal property of another, of the value of Twenty-five Thousand Dollars ($25,000.00) or more, shall be guilty of grand larceny, and shall be imprisoned in the Penitentiary for a term not exceeding twenty (20) years; or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both. The total value of property taken and carried away by the person from a single victim shall be aggregated in determining the gravity of the offense.
* * *(4) (a) Any person
who shall be convicted of taking and carrying away, feloniously, the property
of a church, synagogue, temple or other established place of worship, of the
value of * * * One Thousand Dollars ($1,000.00) or more,
shall be guilty of grand larceny, and shall be imprisoned in the Penitentiary
for a term not exceeding ten (10) years, or shall be fined not more than Ten
Thousand Dollars ($10,000.00), or both.
(b) Any person who shall be convicted of taking and carrying away, feloniously, the property of a church, synagogue, temple or other established place of worship, of the value of Twenty-five Thousand Dollars ($25,000.00) or more, shall be guilty of grand larceny, and shall be imprisoned in the Penitentiary for a term not exceeding twenty (20) years, or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both. The total value of property taken and carried away by the person from a single victim shall be aggregated in determining the gravity of the offense.
SECTION 16. Section 97-17-42, Mississippi Code of 1972, is amended as follows:
97-17-42. (1) Any
person who shall, willfully and without authority, take possession of or take
away a motor vehicle of any value belonging to another, with intent to either
permanently or temporarily convert it or to permanently or temporarily deprive
the owner of possession or ownership, and any person who knowingly shall aid
and abet in the taking possession or taking away of the motor vehicle, shall be
guilty of * * *
larceny and shall be punished * * * based on the value of the motor vehicle
involved according to the schedule in Section 97-17-41. If the value of the
motor vehicle involved is One Thousand Dollars ($1,000.00) or less, the person
shall be punished according to the schedule in Section 97-17-43 * * *.
(2) Any person convicted under this section who causes damage to any motor vehicle shall be ordered by the court to pay restitution to the owner or owners of the motor vehicle or vehicles damaged.
(3) This section shall not apply to the enforcement of a security interest in a motor vehicle.
(4) Any person who shall be
convicted for a second or subsequent offense under this section shall be
imprisoned in the Penitentiary for a term not exceeding * * *twice the term authorized
based on the value of the motor vehicle involved in the subsequent offense
according to the schedule in Section 97-17-41 or shall be fined not more
than Ten Thousand Dollars ($10,000.00), or both.
SECTION 17. Section 97-17-43, Mississippi Code of 1972, is amended as follows:
97-17-43. (1) If any
person shall feloniously take, steal and carry away any personal property of
another under the value of * * * One Thousand
Dollars ($1,000.00), he shall be guilty of petit larceny and, upon
conviction, shallmay be punished by a term of
probation not exceeding one (1) year or a fine not exceeding
One Thousand Dollars ($1,000.00), or both. The court
may impose a sentence of imprisonment in the county jail not
exceeding * * *one (1) year or by a fine not
exceeding One Thousand Dollars ($1,000.00), or both if the court
finds substantial and compelling reasons why the offender cannot be safely and
effectively supervised in the community, is not amenable to community-based
treatment, or poses a significant risk to public safety. If such a finding is not made,
the
finding shall be stated on the record at the time of sentencingthe court
shall suspend the sentence of imprisonment and impose a period of probation not
exceeding one (1) year or a fine not exceeding One Thousand Dollars ($1,000.00), or both.
The total value of property taken, stolen or carried away by the person from a
single victim shall be aggregated in determining the gravity of the offense. Any
person convicted of a third or subsequent offense under this section where the
value of the property is not less than Five Hundred Dollars ($500.00), the
person shall be imprisoned in the Penitentiary
for a term not exceeding three (3) years or fined an amount not exceeding One
Thousand Dollars ($1,000.00), or both.
(2) If any person shall
feloniously take, steal and carry away any property of a church, synagogue,
temple or other established place of worship under the value of * * * One Thousand
Dollars ($1,000.00), he shall be guilty of petit larceny and, upon
conviction, shallmay be punished by a term of
probation not exceeding one (1) year. The court may impose a
sentence of imprisonment in the county jail not
exceeding one (1) year or by fine not exceeding Two Thousand Dollars
($2,000.00), or both if the court finds substantial and compelling reasons
why the offender cannot be safely and effectively supervised in the community,
is not amenable to community-based treatment, or poses a significant risk to
public safety. If such a finding is not made, the finding shall be stated on the
record at the time of sentencingcourt shall suspend the sentence
of imprisonment and impose a period of probation not exceeding one (1) year or
a fine not exceeding Two Thousand Dollars ($2,000.00), or both.
Any person convicted of a third or subsequent offense under this section where
the value of the property is not less than Five Hundred Dollars ($500.00),
shall be imprisoned in the Penitentiary for a
term not exceeding three (3) years or fined an amount not exceeding Two
Thousand Dollars ($2,000.00), or both.
(3) Any person who leaves
the premises of an establishment at which motor fuel offered for retail sale
was dispensed into the fuel tank of a motor vehicle by driving away in that
motor vehicle without having made due payment or authorized charge for the
motor fuel so dispensed, with intent to defraud the retail establishment, shall
be guilty of petit larceny and punished as provided in subsection (1) of this
section and, upon any second or subsequent such offense, the driver''s
license of the person shall be suspended as follows:
(a) The person shall
submit the driver''s license to the
court upon conviction and the court shall forward the driver''s
license to the Department of Public Safety.
(b) The first
suspension of a driver''s license under
this subsection shall be for a period of six (6) months.
(c) A second or
subsequent suspension of a driver''s license under
this subsection shall be for a period of one (1) year.
(d) At the expiration
of the suspension period, and upon payment of a restoration fee of Twenty-five
Dollars ($25.00), the suspension shall terminate and the Department of Public
Safety shall return the person''s driver''s
license to the person. The restoration fee shall be in addition to the fees
provided for in Title 63, Chapter 1, and shall be deposited into the State
General Fund in accordance with Section 45-1-23.
SECTION 18. Section 97-17-47, Mississippi Code of 1972, is amended as follows:
97-17-47. If any person shall sever from the soil of another any produce growing thereon, or shall sever from any building, gate, fence, railing, or other improvement or enclosure any part thereof, and shall take and convert the same to his own use with intent to steal the same, he shall be guilty of larceny in the same manner and of the same degree as if the article so taken had been severed at some previous and different time and shall be punished based on the value of the property involved according to the schedule in Sections 97-17-41 and 97-17-43.
SECTION 19. Section 97-17-51,
Mississippi Code of 1972, is amended as follows:
97-17-51. Every
person who shall feloniously steal, take and carry away any dog, the property
of another, shall be subject to indictment * * *- for larceny
and shall be punished based on the value of the property involved according to
the schedule in Section 9717-41.
SECTION 20. Section 97-17-53,
Mississippi Code of 1972, is amended as follows:
97-17-53. (1) (a)
If any person shall knowingly, willfully and feloniously take, steal and carry
away livestock of any value belonging to another without the consent of the
owner, he is guilty of larceny and punishable pursuant to Section 97-17-41 * * * depending on
the gravity of the offense. The total value of the livestock obtained from the
individual owner or merchant shall be aggregated in determining the gravity of
the offense.
(b) If any person
obtains livestock belonging to another by means of any fraudulent conduct,
practice or representation, he is guilty of fraud and punishable pursuant to
Section 97-19-39. The total value of the
livestock obtained from the individual owner or merchant shall be aggregated in
determining the gravity of the offense.
(c) Obtaining
livestock from a commission merchant or livestock owner by representing that
prompt payment will be made pursuant to Section 409 of the Packers and
Stockyards Act, 7 USCS Section 228b, and failing to make prompt payment in
accordance therewith, shall constitute prima facia evidence of fraudulent
conduct, practices or representation.
(2) In addition to any
such fine or imprisonment which may be imposed, the court shall order that
restitution be made to the owner of any such stolen livestock. The measure for
restitution in money shall be the amount of the actual financial loss to the
owner of the livestock, including any loss of income, any court costs and
attorney''s fees incurred by the owner to recover
the stolen livestock, the current replacement value of the stolen livestock if
the livestock is not recovered, and any other costs incurred by the owner as a
result of actions in violation of subsection (1) of this section.
(3) For purposes of this
section, the term ""livestock"" means horses,
cattle, swine, sheep and other domestic animals produced for profit.
SECTION 21. Section 97-17-59,
Mississippi Code of 1972, is amended as follows:
97-17-59. (1) Any
person who shall knowingly, willfully and feloniously take, steal and carry
away from the lands of another any merchantable timber on the property of
another, of the value of less than * * * One
Thousand Dollars ($1,000.00), whether such timber is growing, standing or
lying on the lands, shall be guilty of a misdemeanor; and upon conviction
thereof, shall be punished by a fine of not less than Two Hundred Dollars
($200.00) nor more than Five Hundred Dollars ($500.00), or by a term of
probation not exceeding one hundred (100) days, or both. The court may
sentence the offender to imprisonment in the county jail for a term of not
less than thirty (30) days nor more than one hundred (100) days, or both, in
the discretion of the court, if the court finds substantial
and compelling reasons why the offender cannot be safely and effectively
supervised in the community, is not amenable to community-based
treatment, or poses a significant risk to public safety. If such a finding is
made, the finding shall be stated on the record at the time of sentencing. Any
person convicted of a third or subsequent offense under this section where the
value of the property is not less than Five Hundred Dollars ($500.00), shall be
imprisoned in the Penitentiary for a term not
exceeding three (3) years or fined an amount not exceeding Two Hundred
Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), or both.
(2) Any person who shall
knowingly, willfully and feloniously take, steal and carry away from the lands
of another any merchantable timber on the property of another, of the value of * * * One
Thousand Dollars ($1,000.00) or more, whether such timber is growing,
standing, or lying on the lands, shall be guilty of a felony; and upon conviction
thereof, shall be punished by a fine of not less than One Thousand Dollars
($1,000.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment
in the Penitentiary for a term of not less than one (1) year nor more than five
(5) years, or both, in the discretion of the court.
(3) Any person who shall knowingly,
willfully and feloniously take, steal and carry away from the lands of another
any merchantable timber on the property of another
of the value of Five Thousand Dollars ($5,000.00) or more but less than Twenty-five Thousand Dollars ($25,000.00), shall be guilty
of grand larceny, and shall be imprisoned in the Penitentiary for a term not
exceeding ten (10) years; or shall be fined not more than Ten Thousand Dollars
($10,000.00), or both. The total value of property taken and carried away by
the person from a single victim shall be aggregated in determining the gravity
of the offense.
(4)
Any person who shall knowingly, willfully and
feloniously take, steal and carry away from the lands of another any
merchantable timber on the property of another
of the value of Twenty-five Thousand
Dollars ($25,000.00) or more, shall be guilty of grand larceny, and shall be
imprisoned in the Penitentiary for a term not exceeding twenty (20) years; or
shall be fined not more than Ten Thousand Dollars ($10,000.00), or both. The
total value of property taken and carried away by the person from a single
victim shall be aggregated in determining the gravity of the offense.
( * * *'5) In addition to any such fine or
imprisonment which may be imposed upon a convicted individual, the court shall
order that restitution be made to the owner of any such stolen timber. The
measure for restitution in money shall be the amount of the actual financial
loss to the owner of the timber, including any loss of income, any court costs,
expert fees and attorney's fees incurred by the owner to
recover the loss and any other costs incurred by the owner as a result of
actions in violation of subsections (1) and (2) of this section. The value of
the timber shall be calculated by the fair market value of the timber at the
time of the loss.
SECTION 22. Section 97-17-60, Mississippi Code of 1972, is amended as follows:
97-17-60. (1) Any person who acquires, with the consent of an owner, any timber product from that owner and who receives payment for the timber product shall, within thirty (30) days of such receipt, make payment in full to the owner.
(2) If the owner has not
received payment within the required thirty (30) days, the owner shall notify
the offender of his demand for payment at the offender''s
last known address by certified mail or by personal delivery of the written
notice to the offender. The offender shall make payment in full within ten
(10) days after the mailing or delivery of the written notice or the offender
shall be in violation of this section.
(3) A written agreement signed by the owner providing for a means of payment contrary to this section shall constitute an affirmative defense.
(4) For the purposes of this section, the following terms shall have the meanings ascribed to them herein unless the context clearly indicates otherwise:
(a) ""Timber
product""
means timber of all kinds, species or sizes, including, but not limited to,
logs, lumber, poles, pilings, posts, blocks, bolts, cordwood and pulpwood, pine
stumpwood, pine knots or other distillate wood, crossties, turpentine (crude
gum), pine straw, firewood and all other products derived from timber or trees
which have a sale or commercial value.
(b) ""Owner""
means any person, partnership, corporation, unincorporated association or other
legal entity having any interest in any timber product, any land upon which a
timber product is growing or any land from which a timber product has been
removed.
(5) Whoever violates this
section, upon conviction thereof, when the value of the timber product is * * * One Thousand
Dollars ($1,000.00) or less, shall be fined not more than One Thousand
Dollars ($1,000.00), or imprisoned for not more than one (1) year, or both.
When the value of the timber product is more than * * * One Thousand
Dollars ($1,000.00), the violator, upon conviction thereof, shall be fined
not more than Five Thousand Dollars ($5,000.00), or imprisoned for not more
than ten (10) years, or both.
SECTION 23. Section 97-17-61,
Mississippi Code of 1972, is amended as follows:
97-17-61. Any
person who shall, without the consent of the owner or his agent, take away any
horse, mare, gelding, mule, jack, jennet, sheep, cow, bull, ox, hog, or other
livestock or dog, or automobile, truck or other motor vehicle, where such
taking and carrying away shall not amount to larceny, shall upon conviction, be
fined not exceeding One Thousand Dollars ($1,000.00), or be * * * sentenced to a term of probation
not exceeding one (1) year * * *, or both. The court may
impose a sentence of imprisonment in the county jail not exceeding one (1) year
if the court finds substantial and compelling reasons why the offender cannot
be safely and effectively supervised in the community, is not amenable to
community-based treatment, or poses a significant risk to
public safety. If such a finding is made, the finding shall be stated on the
record at the time of sentencing. A verdict of
guilty of such taking and carrying away may be rendered under an indictment for
larceny, if the evidence shall not warrant a verdict of guilty of larceny but
shall warrant a conviction under this section. This section shall not apply to
anyone who takes such property believing, in good faith, that he has a right to
it. The court shall order any person convicted under this section to pay
restitution for any damage caused to any property as a result of violating this
section.
SECTION 24. Section 97-17-62, Mississippi Code of 1972, is amended as follows:
97-17-62. (1) (a) It is unlawful to obtain custody of personal property or equipment by trick, deceit, fraud or willful false representation with intent to defraud the owner or any person in lawful possession of the personal property or equipment.
(b) It is unlawful to hire or lease personal property or equipment from any person who is in lawful possession of the personal property or equipment with intent to defraud that person of the rental due under the rental agreement.
(c) It is unlawful to
abandon or willfully refuse to redeliver personal property as required under a
rental agreement without the consent of the lessor or the lessor''s
agent with intent to defraud the lessor or the lessor''s
agent.
(d) A person who
violates this subsection (1) shall be guilty of a misdemeanor, punishable as
provided in Section 97-17-43, unless the value of the personal property or
equipment is of a value of * * * One Thousand
Dollars ($1,000.00) or more; in that event the violation constitutes a
felony, * * * and shall be punished based on the property involved
according to the schedule in Section 97-17-41.
(2) (a) In prosecutions
under this section, the following acts are prima facie evidence of fraudulent
intent: obtaining the property or equipment under false pretenses; absconding
without payment; or removing or attempting to remove the property or equipment
from the county without the express written consent of the lessor or the lessor''s
agent.
(b) Demand for return
of overdue property or equipment and for payment of amounts due may be made
personally, by hand delivery, or by certified mail, return receipt requested,
to the lessee''s address shown in
the rental contract.
(c) In a prosecution under subsection (1)(c):
(i) Failure to redeliver the property or equipment within five (5) days after hand delivery to or return receipt from the lessee is prima facie evidence of fraudulent intent. Notice that is returned undelivered after mailing to the address given by the lessee at the time of rental shall be deemed equivalent to return receipt from the lessee.
(ii) Failure to pay any amount due which is incurred as the result of the failure to redeliver property after the rental period expires is prima facie evidence of fraudulent intent. Amounts due include unpaid rental for the time period during which the property or equipment was not returned, and include the lesser of the cost of repairing or replacing the property or equipment, as necessary, if it has been damaged or not returned.
SECTION 25. Section 97-17-64, Mississippi Code of 1972, is amended as follows:
97-17-64. (1) A person who
obtains personal property of another under a lease or rental agreement is
guilty of theft if he exercises unlawful or unauthorized control over the
property with purpose to deprive the owner thereof. As used in this section,
the word ""deprive""
means to withhold property of another permanently or for so extended a period
that a significant portion of its economic value, or the use or benefit
thereof, is lost to the owner; or to withhold the property with intent to
restore it to the owner only upon payment of a reward or other compensation; or
to conceal, abandon or dispose of the property so as to make it unlikely that
the owner will recover it; or to sell, give, pledge, or otherwise transfer any
interest in the property.
(2) It shall be prima facie evidence of purpose to deprive when a person:
(a) In obtaining such
property presents identification or information which is materially false,
fictitious, misleading or not current, with respect to such person''s
name, address, place of employment, or any other material matter; or
(b) Fails to return
such property to the owner or his representative within ten (10) days after
proper notice following the expiration of the term for which such person''s
use, possession or control of the property is authorized; or
(c) Fails to contact
the owner or his representative to make arrangements to return such property
within ten (10) days after proper notice following the expiration of the term
for which such person''s use, possession
or control of such property is authorized.
(3) For the purpose of this
section, ""proper
notice""
means either actual notification as may be otherwise proven beyond a reasonable
doubt or a written demand for return of the property mailed to the defendant, which
satisfies the following procedure:
(a) The written demand must be mailed to the defendant by certified or registered mail with return receipt attached, which return receipt by its terms must be signed by the defendant personally and not by his representative;
(b) The written demand
must be mailed to the defendant at either the address given at the time he
obtained the property or the defendant''s last known
address if later furnished in writing by the defendant to the owner or his
representative; and
(c) The return receipt
bearing the defendant''s signature must
be returned to the owner or his representative.
(4) It shall be an affirmative defense to prosecution under this section that:
(a) The defendant was unaware that the property was that of another; or
(b) The defendant acted under an honest claim of right to the property involved or that he had a right to acquire or dispose of it as he did; or
(c) The defendant was physically incapacitated and unable to request or obtain permission of the owner to retain the property; or
(d) The property was in such a condition, through no fault of the defendant, that it could not be returned within the requisite time after receipt of proper notice.
(5) Any person convicted of the offense of theft under this section shall be:
(a) Guilty of a
misdemeanor when the value of the personal property is less than * * *One
Thousand Dollars ($1,000.00) and punished by a fine of not more than Two
Hundred Fifty Dollars ($250.00), or by a term of probation not
exceeding one (1) year. The court may impose a sentence of imprisonment
in the county jail for a term of not more than * * * one (1)
year if the court finds substantial and compelling reasons why the
offender cannot be safely and effectively supervised in the community, is not
amenable to community-based treatment, or poses a significant risk to public
safety. If such a finding is not made, the finding shall be stated on the
record at the time of sentencingcourt shall suspend the sentence
of imprisonment and impose a period of probation not exceeding one (1) year or
a fine not exceeding Two Hundred Fifty Dollars ($250.00), or both.
Any person convicted of a third or subsequent offense under this subsection
where the value of the property is not less than Five Hundred Dollars
($500.00), shall be imprisoned in the Penitentiary
for a term not exceeding three (3) years or fined an amount not exceeding One
Thousand Dollars ($1,000.00); or
(b) Guilty of a felony when
the value of the personal property is * * * One
Thousand Dollars ($1,000.00) or more and punished by a fine of not more
than One Thousand Dollars ($1,000.00), or by imprisonment in the State
Penitentiary for a term of not more than * * * five (5) years, or by both
such fine and imprisonment.
SECTION 26. Section 97-17-67, Mississippi Code of 1972, is amended as follows:
97-17-67. (1) Every person who shall maliciously or mischievously destroy, disfigure, or injure, or cause to be destroyed, disfigured, or injured, any property of another, either real or personal, shall be guilty of malicious mischief.
(2) If the value of the
property destroyed, disfigured or injured is * * * One Thousand
Dollars ($1,000.00) or less, it shall be a misdemeanor punishable by a fine
of not more than One Thousand Dollars ($1,000.00) or * * * by a term of
probation imprisonment in the county jail
not exceeding twelve (12) months * * *, or both. The court may
impose a sentence of imprisonment not exceeding one (1) year in the county jail
if the court finds substantial and compelling reasons why the
offender cannot be safely and effectively supervised in the community, is not
amenable to community-based treatment, or poses a significant risk to public
safety. If such a finding is not made, the finding shall be stated on the
record at the time of sentencingcourt shall suspend the sentence
of imprisonment and impose a period of probation not exceeding one (1) year or
a fine of not more than One Thousand Dollars ($1,000.00), or both.
Any person convicted of a third or subsequent offense under this subsection
where the value of the property is not less than Five Hundred Dollars
($500.00), shall be imprisoned in the Penitentiary
for a term not exceeding three (3) years or fined an amount not exceeding One
Thousand Dollars ($1,000.00), or both.
(3) If the value of the
property destroyed, disfigured or injured is in excess of * * * One Thousand
Dollars ($1,000.00) but less than Five Thousand Dollars ($5,000.00), it
shall be a felony punishable by a fine not exceeding Ten Thousand Dollars
($10,000.00) or imprisonment in the Penitentiary not exceeding five (5) years,
or both.
(4) * * *
If the value of the property is Five Thousand
Dollars ($5,000.00) or more but less than Twenty-five Thousand Dollars ($25,000.00), it shall be
punishable by a fine not more than Ten Thousand Dollars ($10,000.00) or
imprisonment in the Penitentiary not exceeding ten (10) years, or both.
(5) * * * If the value of the property is Twenty-five
Thousand Dollars ($25,000.00) or more, it shall be punishable by a fine not
more than Ten Thousand Dollars ($10,000.00) or imprisonment in the Penitentiary
not exceeding twenty (20) years, or both.
( * * *6) In all cases restitution to the
victim for all damages shall be ordered. The value of property destroyed,
disfigured or injured by the same party as part of a common crime against the
same or multiple victims may be aggregated together and if the value exceeds
One Thousand Dollars ($1,000.00), shall be a felony.
( * * *7) For purposes of this statute, value
shall be the cost of repair or replacement of the property damaged or
destroyed.
( * * *8) Anyone who by any word, deed or act
directly or indirectly urges, aids, abets, suggests or otherwise instills in
the mind of another the will to so act shall be considered a principal in the
commission of said crime and shall be punished in the same manner.
SECTION 27. Section 97-17-68,
Mississippi Code of 1972, is amended as follows:
97-17-68. (1) It
shall be unlawful for any person: (a) to willfully open, enter, remove, break
into or tamper with any parking meter, coin telephone or other coin-operated
vending machine dispensing goods or services with the intent to commit a
larceny therefrom; (b) to possess a key or device designed and intended by him
to aid in the commission of larceny from any parking meter, coin telephone or
other coin-operated vending machine dispensing goods or
services; (c) to possess a drawing, print or mold of a key or device designed
and intended by him to aid in the commission of larceny from any parking meter,
coin telephone or other coin-operated vending machine dispensing
goods or services; or (d) to break into or enter any parking meter, coin
telephone or other coin-operated vending machine dispensing goods or
services with the intent to steal therefrom.
(2) Any person who
violates any provision of this section shall be punished upon the first
conviction by * * *
a term of probation of not more than * * *one (1) year, or by a
fine of not more than Two Hundred Dollars ($200.00), or by both * * *. The court may
sentence the offender to imprisonment in the county jail or sentenced to hard
labor for the county for a period of not more than thirty (30) days, or by a
fine of not more than Two Hundred Dollars ($200.00), or by both if the court
finds substantial and compelling reasons why the offender cannot be safely and
effectively supervised in the community, is not amenable to community-based
treatment, or poses a significant risk to public safety. If such a finding is
made, the finding shall be stated on the record at the time of sentencing. Upon any
subsequent conviction, such person shall be punished by a term of
probation not exceeding one (1) year. If the court finds substantial and compelling
reasons why the offender cannot be safely and effectively supervised in the
community, is not amenable to community-based treatment, or poses a
significant risk to public safety, the court may impose a sentence of imprisonment
in the county jail for a period of not less than six (6) months nor more than
one (1) year, or by a fine of not more than Five Hundred Dollars ($500.00), or
by both such fine and imprisonment. If such a finding is made, the finding
shall be stated on the record at the time of sentencing.
(3) The fact that a person
may be subject to prosecution under this section shall not bar his prosecution
or punishment under Section 97-17-67 relating to
malicious mischief, under the statutes relating to larceny, or under any other
statute or ordinance to the extent that such would otherwise be permitted in
the absence of this section.
SECTION 28. Section 97-17-70, Mississippi Code of 1972, is amended as follows:
97-17-70. (1) A person commits the crime of receiving stolen property if he intentionally possesses, receives, retains or disposes of stolen property knowing that it has been stolen or having reasonable grounds to believe it has been stolen, unless the property is possessed, received, retained or disposed of with intent to restore it to the owner.
(2) The fact that the person who stole the property has not been convicted, apprehended or identified is not a defense to a charge of receiving stolen property.
(3) (a) Evidence that the person charged under this section stole the property that is the subject of the charge of receiving stolen property is not a defense to a charge under this section; however, dual charges of both stealing and receiving the same property shall not be brought against a single defendant in a single jurisdiction.
(b) Proof that a defendant stole the property that is the subject of a charge under this section shall be prima facie evidence that the defendant had knowledge that the property was stolen.
(4) Any person who shall be
convicted of receiving stolen property which exceeds * * * One Thousand
Dollars ($1,000.00) or more, but less than Five Thousand Dollars ($5,000.00)
in value shall be * * * punished by imprisonment in the custody of the State
Department of Corrections for a term not exceeding * * * five (5) years or by a fine of
not more than Ten Thousand Dollars ($10,000.00), or both.
(5) * * *
Any person who shall be convicted of receiving stolen property which exceeds
Five Thousand Dollars ($5,000.00) or more but less than Twenty-five Thousand
Dollars ($25,000.00) in value shall be punished by imprisonment in the custody
of the State Department of Corrections for a term not exceeding ten (10) years
or by a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
(6) Any person who shall be convicted of receiving stolen property which exceeds Twenty-five Thousand Dollars ($25,000.00) in value shall be punished by imprisonment in the custody of the State Department of Corrections for a term not exceeding twenty (20) years or by a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
( * * *7) Any person who shall be convicted
of receiving stolen property which does not exceed * * * One Thousand
Dollars ($1,000.00) in value shallmay be punished by * * * a term of probationimprisonment
in the
county jail for not more than * * * one (1) year or by a fine
of not more than One Thousand Dollars ($1,000.00), or both. The court may
impose a sentence of imprisonment in a county jail not exceeding one (1) year
or a fine of not more than One Thousand Dollars ($ 1,000.00), or both
if
the court finds substantial and compelling reasons why the offender cannot be
safely and effectively supervised in the community, is not amenable to
community-based treatment, or poses a significant risk to public safety. If
such a finding is not made, this finding shall be stated on
the record at the time of sentencingthe court shall suspend the
sentence of imprisonment and impose a period of probation not exceeding one (1)
year or a fine of not more than One Thousand Dollars ($1,000.00), or both.
Any person convicted of a third or subsequent offense under this subsection
where the value of the property is not less than Five Hundred Dollars
($500.00), shall be imprisoned in the Penitentiary
for a term not exceeding three (3) years or fined an amount not exceeding One
Thousand Dollars ($ 1,000.00), or both.
SECTION 29. Section 97-17-71, Mississippi Code of 1972, is amended as follows:
97-17-71. (1) For the purposes of this section, the following terms shall have the meanings ascribed in this section:
(a) ""Railroad
materials""
means any materials, equipment and parts used in the construction, operation,
protection and maintenance of a railroad.
(b) ""Copper
materials""
means any copper wire, bars, rods or tubing, including copper wire or cable or
coaxial cable of the type used by public utilities, common carriers or
communication services providers, whether wireless or wire line, copper air
conditioner evaporator coil or condenser, aluminum copper radiators not
attached to a motor vehicle, or any combination of these.
(c) ""Aluminum
materials""
means any aluminum cable, bars, rods or tubing of the type used to construct
utility, communication or broadcasting towers, aluminum utility wire and
aluminum irrigation pipes or tubing. ""Aluminum
materials""
does not include aluminum cans that have served their original economic purpose.
(d) ""Law
enforcement officer"" means any
person appointed or employed full time by the state or any political
subdivision thereof, or by the state military department as provided in Section
33-1-33, who is duly sworn and vested with authority to bear arms and make
arrests, and whose primary responsibility is the prevention and detection of
crime, the apprehension of criminals and the enforcement of the criminal
traffic laws of this state or the ordinances of any political subdivision
thereof.
(e) ""Metal
property""
means materials as defined in this section as railroad track materials, copper
materials and aluminum materials and electrical, communications or utility
brass, metal covers for service access and entrances to sewers and storm
drains, metal bridge pilings, irrigation wiring and other metal property
attached to or part of center pivots, grain bins, stainless steel sinks,
catalytic converters not attached to a motor vehicle and metal beer kegs.
Metal property does not include ferrous materials not listed in this section.
(f) ""Person""
means an individual, partnership, corporation, joint venture, trust, limited
liability company, association or any other legal or commercial entity.
(g) ""Personal
identification card"" means any
government issued photographic identification card.
(h) ""Photograph""
or ""photographically""
means a still photographic image, including images captured in digital format,
that are of such quality that the persons and objects depicted are clearly
identifiable.
(i) ""Purchase
transaction"" means a
transaction in which a person gives consideration in exchange for metal
property.
(j) ""Purchaser""
means a person who gives consideration in exchange for metal property.
(k) ""Record""
or ""records""
means a paper, electronic or other method of storing information.
(l) ""Scrap
metal dealer"" means any
person who is engaged, from a fixed location or otherwise, in the business of
paying compensation for metal property that has served its original economic
purpose, whether or not the person is engaged in the business of performing the
manufacturing process by which metals are converted into raw material products
consisting of prepared grades and having an existing or potential economic
value.
(2) Every scrap metal dealer or other purchaser shall keep an accurate and legible record in which he shall enter the following information for each purchase transaction:
(a) The name, address
and age of the person from whom the metal property is purchased as obtained
from the seller''s personal
identification card;
(b) The date and place of each acquisition of the metal property;
(c) The weight, quantity or volume and a general physical description of the type of metal property, such as wire, tubing, extrusions or casting, purchased in a purchase transaction;
(d) The amount of consideration given in a purchase transaction for the metal property;
(e) The vehicle license tag number, state of issue and the make and type of the vehicle used to deliver the metal property to the purchaser;
(f) If a person other than the seller delivers the metal property to the purchaser, the name, address and age of the person who delivers the metal property;
(g) A signed statement from the person receiving consideration in the purchase transaction stating that he is the rightful owner of the metal property or is entitled to sell the metal property being sold;
(h) (i) A scanned copy or a photocopy of the personal identification card of the person receiving consideration in the purchase transaction; or
(ii) If a person other than the seller delivers the metal property to the purchaser, a scanned copy or a photocopy of the personal identification card of the person delivering the metal property to the purchaser; and
(i) A photograph,
videotape or similar likeness of the person receiving consideration or any
person other than the seller who delivers the metal property to the purchaser
in which the person''s facial features
are clearly visible and in which the metal property the person is selling or
delivering is clearly visible.
Such records shall be maintained by the scrap metal dealer or purchaser for not less than two (2) years from the date of the purchase transaction, and such records shall be made available to any law enforcement officer during usual and customary business hours.
(3) The purchaser of metal property must hold the metal property separate and identifiable from other purchases for not less than three (3) business days from the date of purchase. The purchaser shall also photographically capture the metal property in the same form, without change, in which the metal property was acquired, and maintain the photograph for a period of not less than two (2) years. The time and date shall be digitally recorded on the photograph, and the identity of the person taking the photograph shall be recorded. The purchaser shall permit any law enforcement officer to make an inspection of the metal property during the holding period, and of all photographs of the metal property. Any photograph of metal property taken and maintained pursuant to this subsection shall be admissible in any civil or criminal proceeding.
(4) During the usual and customary business hours of a scrap metal dealer or other purchaser, a law enforcement officer, after proper identification as a law enforcement officer, shall have the right to inspect all purchased metal property in the possession of the scrap metal dealer or purchaser.
(5) (a) Whenever a law enforcement officer has reasonable cause to believe that any item of metal property in the possession of a scrap metal dealer or other purchaser has been stolen, a law enforcement officer who has an affidavit from the alleged rightful owner of the property identifying the property with specificity, including any identifying markings, may issue and deliver a written hold notice to the scrap metal dealer or other purchaser. The hold notice shall specifically identify those items of metal property that are believed to have been stolen and that are subject to the hold notice. Upon receipt of the notice, the scrap metal dealer or other purchaser may not process or remove the metal property identified in the notice from the place of business of the scrap metal dealer or purchaser for fifteen (15) calendar days after receipt of the notice, unless sooner released by a law enforcement officer.
(b) No later than the expiration of the fifteen-day period, a law enforcement officer, after receiving additional substantive evidence beyond the initial affidavit, may issue and deliver a second written hold notice, which shall be an extended hold notice. The extended hold notice shall specifically identify those items of metal property that are believed to have been stolen and that are subject to the extended hold notice. Upon receipt of the extended hold notice, the scrap metal dealer or purchaser may not process or remove the items of metal property identified in the notice from the place of business of the scrap metal dealer or purchaser for fifteen (15) calendar days after receipt of the extended hold notice, unless sooner released by a law enforcement officer.
(c) At the expiration of the hold period or, if extended in accordance with this subsection, at the expiration of the extended hold period, the hold is automatically released, then the scrap metal dealer or purchaser may dispose of the metal property unless other disposition has been ordered by a court of competent jurisdiction.
(d) If the scrap metal dealer or other purchaser contests the identification or ownership of the metal property, the party other than the scrap metal dealer or other purchaser claiming ownership of any metal property in the possession of a scrap metal dealer or other purchaser, provided that a timely report of the theft of the metal property was made to the proper authorities, may bring a civil action in the circuit court of the county in which the scrap metal dealer or purchaser is located. The petition for the action shall include the means of identification of the metal property utilized by the petitioner to determine ownership of the metal property in the possession of the scrap metal dealer or other purchaser.
(e) When a lawful
owner recovers stolen metal property from a scrap metal dealer or other purchaser
who has complied with this section, and the person who sold the metal property
to the scrap metal dealer or other purchaser is convicted of a violation of
this section, or theft by receiving stolen property under Section 97-17-70, the
court shall order the convicted person to make full restitution to the scrap
metal dealer or other purchaser, including, without limitation, attorney''s
fees, court costs and other expenses.
(6) This section shall not apply to purchases of metal property from any of the following:
(a) A law enforcement officer acting in an official capacity;
(b) A trustee in bankruptcy, executor, administrator or receiver who has presented proof of such status to the scrap metal dealer;
(c) Any public official acting under a court order who has presented proof of such status to the scrap metal dealer;
(d) A sale on the execution, or by virtue of any process issued by a court, if proof thereof has been presented to the scrap metal dealer; or
(e) A manufacturing, industrial or other commercial vendor that generates or sells regulated metal property in the ordinary course of its business.
(7) It shall be unlawful for any person to give a false statement of ownership or to give a false or altered identification or vehicle tag number and receive money or other consideration from a scrap metal dealer or other purchaser in return for metal property.
(8) A scrap metal dealer or other purchaser shall not enter into any cash transactions in payment for the purchase of metal property. Payment shall be made by check issued to the seller of the metal, made payable to the name and address of the seller and mailed to the recorded address of the seller, or by electronic funds transfer. Payment shall not be made for a period of three (3) days after the purchase transaction.
(9) If a person acquiring metal property fails to maintain the records or to hold such materials for the period of time prescribed by this section, such failure shall be prima facie evidence that the person receiving the metal property received it knowing it to be stolen in violation of Section 97-17-70.
(10) It shall be unlawful for any person to transport or cause to be transported for himself or another from any point within this state to any point outside this state any metal property, unless the person or entity first reports to the sheriff of the county from which he departs this state transporting such materials the same information that a purchaser in this state would be required to obtain and keep in a record as set forth in subsection (2) of this section. In such a case the sheriff receiving the report shall keep the information in records maintained in his office as a public record available for inspection by any person at all reasonable times. This section shall not apply to a public utility, as that term is defined in Section 77-3-3, engaged in carrying on utility operations; to a railroad, as that term is defined in Section 77-9-5; to a communications service provider, whether wireless or wire line; to a scrap metal dealer; or to a person identified in subsection (6) as being exempt from the provisions of this section.
(11) It shall be unlawful for a scrap metal dealer or other purchaser to knowingly purchase or possess a metal beer keg, or a metal syrup tank generally used by the soft drink industry, whether damaged or undamaged, or any reasonably recognizable part thereof, on any premises that the dealer uses to buy, sell, store, shred, melt, cut or otherwise alter scrap metal. However, it shall not be unlawful to purchase or possess a metal syrup tank generally used by the soft drink industry if the scrap metal dealer or other purchaser obtains a bill of sale at the time of purchase from a seller if the seller is a manufacturer of such tanks, a soft drink company or a soft drink distributor.
(12) It shall be unlawful to sell to a scrap metal dealer any bronze vase and/or marker, memorial, statue, plaque, or other bronze object used at a cemetery or other location where deceased persons are interred or memorialized, or for any such dealer to purchase those objects, unless the source of the bronze is known and notice is provided to the municipal or county law enforcement agency where the dealer is located. The notice shall identify all names, letters, dates and symbols on the bronze and a photograph of the bronze shall be attached thereto. Written permission from the cemetery and the appropriate law enforcement agency must be received before any type of bronze described in this subsection may be purchased, processed, sold or melted.
(13) It shall be unlawful for any scrap metal dealer to purchase any manhole cover and other similar types of utility access covers, including storm drain covers, or any metal property clearly identified as belonging to a political subdivision of the state or a municipality, unless that metal property is purchased from the political subdivision, the municipal utility or the manufacturer of the metal. Any purchaser who purchases metal property in bulk shall be allowed twenty-four (24) hours to determine if any metal property prohibited by this subsection is included in a bulk purchase. If such prohibited metal property is included in a bulk purchase, the purchaser shall notify law enforcement no later than twenty-four (24) hours after the purchase.
(14) It shall be unlawful for a scrap metal dealer or other purchaser to purchase metal property from a person younger than eighteen (18) years of age.
(15) Metal property may not be purchased, acquired or collected between the hours of 9:00 p.m. and 6:00 a.m.
(16) Except as provided in
this subsection, any person willfully or knowingly violating the provisions of
this section shall, upon conviction thereof, be deemed guilty of a misdemeanor,
and shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00)
per offense, unless the purchase transaction or transactions related to the
violation, in addition to any costs which are, or would be, incurred in
repairing or in the attempt to recover any property damaged in the theft of or
removal of the metal property, are in aggregate an amount which exceeds * * * One Thousand
Dollars ($1,000.00) but less than Five Thousand Dollars ($5,000.00), in
which case the person shall be guilty of a felony and shall be imprisoned in
the custody of the Department of Corrections for a term not to exceed * * * five (5) years, fined not more
than Ten Thousand Dollars ($10,000.00), or both. Any person found guilty of
stealing metal property or receiving metal property, knowing it to be stolen in
violation of Section 97-17-70, shall be ordered to make full restitution to the
victim, including, without limitation, restitution for property damage that
resulted from the theft of the property.
(17) * * *If the
purchase transaction or transactions related to the violation, in addition to
any costs which are, or would be, incurred in repairing or in the attempt to
recover any property damaged in the theft of or removal of the metal property,
are in aggregate an amount which exceeds Five
Thousand Dollars ($5,000.00) but less than Twenty-five Thousand Dollars ($25,000.00), the person shall be
guilty of a felony and shall be imprisoned in the custody of the Department of
Corrections for a term not to exceed ten (10) years, fined not more than Ten
Thousand Dollars ($10,000.00), or both.
(18) * * *
If the purchase transaction or
transactions related to the violation, in addition to any costs which are, or
would be, incurred in repairing or in the attempt to recover any property
damaged in the theft of or removal of the metal property, are in aggregate an
amount which exceeds Twenty-five Thousand
Dollars ($25,000.00), the person shall be guilty of a felony and shall be
imprisoned in the custody of the Department of Corrections for a term not to
exceed twenty (20) years, fined not more than Ten Thousand Dollars
($10,000.00), or both.
( * * *19) This section shall not be
construed to repeal other criminal laws. Whenever conduct proscribed by any
provision of this section is also proscribed by any other provision of law, the
provision which carries the more serious penalty shall be applied.
( * * *20) This section shall apply to all
businesses regulated under this section without regard to the location within
the State of Mississippi.
( * * *21) This section shall not be
construed to prohibit municipalities and counties from enacting and
implementing ordinances, rules and regulations that impose stricter
requirements relating to purchase transactions.
SECTION 30. Section 97-17-73,
Mississippi Code of 1972, is amended as follows:
97-17-73. Any
person who, with notice of an employer''s, employee''s, laborer''s, cropper''s, part-owner''s, or
landlord''s lien on any agricultural
products, and with intent to defeat or impair the lien shall remove from the
premises on which it was produced, or shall conceal, or aid or assist to remove
or conceal, anything subject to such lien, and upon which any other person
shall have such lien, without the consent of such person, shall, upon
conviction, be punished by either a fine of not more than Five Hundred
Dollars ($500.00), * * *and or by * * * a term of
probation for not more than * * * one (1) year.
The court may sentence the offender to imprisonment
in the county jail not exceeding one (1) year or impose a fine not exceeding
Five Hundred Dollars ($500.00), or both if the court finds substantial and
compelling reasons why the offender cannot be safely and effectively supervised
in the community, is not amenable to community-based treatment, or poses a
significant risk to public safety. If such a finding is made, the finding
shall be stated on the record at the time of sentencing. The total value of
property taken, stolen or carried away by the person from a single victim shall
be aggregated in determining the gravity of the offense. Any person is
convicted of a third or subsequent offense under this section where the value
of the property is not less than Five Hundred Dollars ($500.00), shall be
imprisoned in the Penitentiary for a term not
exceeding three (3) years or fined an amount not exceeding One Thousand Dollars
($1,000.00), or both.
SECTION 31. Section 97-17-75,
Mississippi Code of 1972, is amended as follows:
97-17-75. Any
person who shall remove, or cause to be removed, or aid or assist in removing
from the county in which it may be, any personal property which may be the
subject of a pledge, mortgage, deed of trust, conditional sales contract, lien
of a lessor of lands, or lien by judgment, or any other lien of which such
party has notice, without the consent of the holder of such encumbrance or
lien, or who shall conceal or secrete such property, or who shall sell or
dispose of the same or any part thereof without the consent of the mortgagee or
beneficiary, or conditional vendor, with intent to defraud the holder of the
encumbrance or lien, whether any of these acts shall be done before or after
the maturity of the debt secured by the lien, and shall not immediately
discharge such encumbrance or lien or pay to the holder of such lien or
encumbrance the value of such property in event same is less than the amount of
such lien or encumbrance, shall, upon conviction, be * * *
sentenced to a term of probation not * * * exceeding one (1)
year, or be fined not more than Five Thousand Dollars ($5,000.00), or
both. The court may impose a sentence of imprisonment in
the Penitentiary for a term not exceeding three (3) years, or a fine of not
more than Five Thousand Dollars ($5,000.00), or both if the court finds
substantial and compelling reasons why the offender cannot be safely and
effectively supervised in the community, is not amenable to community-based
treatment, or poses a significant risk to public safety. If such a finding is
made, the finding shall be stated on the record at the time of sentencing. Any
person convicted of a third or subsequent offense under this section where the
value of the property is not less than Five Hundred Dollars ($500.00), shall be
imprisoned in the Penitentiary for a term not
exceeding three (3) years or fined an amount not exceeding Five Thousand
Dollars ($5,000.00), or both.
SECTION 32. Section 97-17-77,
Mississippi Code of 1972, is amended as follows:
97-17-77. If any
person shall move, or cause to be removed, to any place beyond the jurisdiction
of this state, any personal property which shall at the time of such removal be
under written pledge, or mortgage, or deed of trust, or conditional sales
contract, or lien by judgment, or any other lien in this state, with intent to
defraud the pledgee, mortgagee, trustee, cestui que trust, conditional vendor,
or creditor, he shall be guilty of a misdemeanor and, upon conviction, shall be
fined not more than One Thousand Dollars ($1,000.00) or * * *
sentenced
to a term of probation not * * * exceeding twelve (12) months,
or both. The court may impose a sentence of imprisonment in
the county jail not exceeding one (1) year or be fined an amount not exceeding
One Thousand Dollars ($1,000.00), or both, if the court finds substantial and
compelling reasons why the offender cannot be safely and effectively supervised
in the community, is not amenable to community-based treatment, or poses a
significant risk to public safety. If such a finding is made, the finding
shall be stated on the record at the time of sentencing. The total value of
property taken, stolen or carried away by the person from a single victim shall
be aggregated in determining the gravity of the offense. Any person convicted
of a third or subsequent offense under this section where the value of the
property is not less than Five Hundred Dollars ($500.00), shall be imprisoned
in the Penitentiary for a term not exceeding
three (3) years or fined an amount not exceeding One Thousand Dollars
($1,000.00), or both.
The removal with intent to
defraud of such property valued at * * * One Thousand
Dollars ($1,000.00) or more shall be a felony punishable upon conviction by
a fine of not less than Five Hundred Dollars ($500.00) nor more than Five
Thousand Dollars ($5,000.00), or by imprisonment in the Penitentiary not * * * more than three (3)
years, or by both.
SECTION 33. Section 97-21-29, Mississippi Code of 1972, is amended as follows:
97-21-29. If any person shall, with intent to injure or defraud, make any instrument in his own name, intended to create, increase, discharge, defeat, or diminish any pecuniary obligation, right or interest, or to transfer or affect any property whatever, and shall utter and pass it under the pretense that it is the act of another who bears the same name, he shall be guilty of forgery and shall be punished according to the schedule in Section 97-21-33.
SECTION 34. Section 97-21-33, Mississippi
Code of 1972, is amended as follows:
97-21-33. (1) * * * Any person convicted of forgery
under the value of One Thousand Dollars
($1,000.00), shall be sentenced to a term of probation not exceeding
one (1) year or be fined in an amount not exceeding One Thousand Dollars
($1,000.00), or both. The court may impose a sentence of imprisonment in the
county jail for a term not exceeding one (1) year or a fine not exceeding One
Thousand Dollars ($1,000.00), or both if the court finds substantial and
compelling reasons why the offender cannot be safely and effectively supervised
in the community, is not amenable to community-based treatment, or poses a
significant risk to public safety. If such a finding is made, the finding
shall be stated on the record at the time of sentencing. The total value of
the forgery by the person from a single victim shall be aggregated in
determining the gravity of the offense. Any person convicted of a third or
subsequent offense under this subsection where the value of the property is not
less than Five Hundred Dollars ($500.00), shall be punished by imprisonment in
the Penitentiary for a term not exceeding three
(3) years or by a fine not exceeding One Thousand Dollars ($1,000.00), or both.
(2)
Any person convicted of forgery for the value of One Thousand Dollars
($1,000.00) or more but less than Five Thousand Dollars ($5,000.00) shall be
punished by imprisonment in the Penitentiary for a term of not * * * more than * * * five (5) years, or by a fine of
not more than Ten Thousand Dollars ($10,000.00), or both, * * * within the discretion of
the court.
(3) Any person who shall be convicted of forgery for
the value of Five Thousand Dollars ($5,000.00)
or more, but less than Twenty-five Thousand
Dollars ($25,000.00) shall be imprisoned in the Penitentiary for a term not
exceeding ten (10) years; or shall be fined not more than Ten Thousand Dollars
($10,000.00), or both.
(4)
Any person who shall be convicted of forgery for the value
of Twenty-five Thousand Dollars ($25,000.00) or more, shall
be imprisoned in the Penitentiary for a term not exceeding twenty (20) years;
or shall be fined not more than Ten Thousand Dollars ($10,000.00), or both.
The total value of the forgery by the person from a single victim shall be
aggregated in determining the gravity of the offense.
SECTION 35. Section 97-21-33, Mississippi Code of 1972, is amended as follows:
97-21-33. PersonsAny person
convicted of forgery shallmay be punished by
imprisonment in the Penitentiary county jail for a
term of not lessmore than two (2) yearsone (1) year
nor more
than ten (10) years, or by a fine of not more than Ten Thousand
Dollars ($10,000.00)One Thousand Dollars ($1,000.00), or
both; if the court
finds substantial and compelling reasons why the offender cannot be safely and
effectively supervised in the community, is not amenable to community-based
treatment, or poses a significant risk to public safety. If such a finding is
not made, the court shall suspend the sentence of imprisonment and impose a
period of probation not exceeding one (1) year or a fine of not more than One
Thousand Dollars ($1,000.00), or both. The total value of the forgery by the
person from a single victim shall be aggregated in determining the gravity of
the offense. Any person convicted of a third or subsequent offense under this
subsection where the value of the property is not less than Five Hundred Dollars
($500.00), shall be punished by imprisonment in the Penitentiary for a term not exceeding three
(3) years or by a fine not exceeding One Thousand Dollars ($1,000.00), or both.
(2) provided,
however, thatAny person convicted of forgery when
the amount of value involved is less than Five Hundred Dollars ($500.00) in lieu of
the punishment above provided for, the person convicted may One Thousand
Dollars ($1,000.00) or more but less than Five Thousand Dollars ($5,000.00)
shall be punished by imprisonment in the county jail for a term of not
more than six (6) months, or by a fine of not more than One Thousand Dollars
($1,000.00), or both, within the discretion of the courtPenitentiary
for a term not more than five (5) years, or a fine of not more
than Ten Thousand Dollars ($10,000.00), or both.
(3) Any person who shall be convicted of forgery for the value of Five Thousand Dollars ($5,000.00) or more, but less than Twenty-five Thousand Dollars ($25,000.00) shall be imprisoned in the Penitentiary for a term not exceeding ten (10) years, or be fined not more than Ten Thousand Dollars ($10,000.00), or both.
(4) Any person who shall be convicted of forgery for the value of Twenty-five Thousand Dollars ($25,000.00) or more, shall be imprisoned in the Penitentiary for a term not exceeding twenty (20) years, or be fined not more than Ten Thousand Dollars ($10,000.00), or both. The total value of the forgery by the person from a single victim shall be aggregated in determining the gravity of the offense.
SECTION 36. Section 97-21-37, Mississippi Code of 1972, is amended as follows:
97-21-37. Every person who shall have in his possession any forged, altered or counterfeited negotiable note, bill, draft, or other evidence of debt issued or purported to have been issued by any corporation or company duly authorized for that purpose by the laws of the United States or of this state, or of any other state, government, or country, or any other forged, altered, or counterfeit, instrument the forgery of which is declared by the provisions of this chapter to be punishable, knowing the same to be forged, altered, or counterfeited, with intention to utter the same as true or as false, or to cause the same to be uttered, with intent to injure or defraud, shall be guilty of forgery and shall be punished according to the schedule in Section 97-21-33.
SECTION 37. Section 97-21-59, Mississippi Code of 1972, is amended as follows:
97-21-59. Every person who shall be convicted of having uttered or published as true, and with intent to defraud, any forged, altered, or counterfeit instrument, or any counterfeit gold or silver coin, the forgery, altering, or counterfeiting of which is declared by the provisions of this chapter to be an offense, knowing such instrument or coin to be forged, altered, or counterfeited, shall suffer the punishment herein provided for forgery, pursuant to Section 97-21-33.
SECTION 38. Section 97-23-19, Mississippi Code of 1972, is amended as follows:
97-23-19. If any person shall embezzle or fraudulently secrete, conceal, or convert to his own use, or make way with, or secrete with intent to embezzle or convert to his own use, any goods, rights in action, money, or other valuable security, effects, or property of any kind or description which shall have come or been entrusted to his care or possession by virtue of his office, position, place, or employment, either in mass or otherwise, he shall be guilty of embezzlement.
(a) Any
person guilty of embezzlement of any goods, rights of action, money, or other
valuable security, effects or property of any kind or description with a value
of less than One Thousand Dollars ($1,000.00), shall be guilty of misdemeanor
embezzlement, and, upon conviction thereof, shallmay
be sentenced to a term of probation imprisonment in the county
jail not exceeding one (1) year, or fined not more than One
Thousand Dollars ($1,000.00), or both. The sentencing court may impose a sentence of
imprisonment in the county jail for not more than one (1) year if
the court finds substantial and compelling reasons why the offender cannot be
safely and effectively supervised in the community, is not amenable to
community-based treatment, or poses a significant risk to public safety. If
such a finding is not made, the finding shall be stated on
the record at the time of sentencingthe court shall suspend the
sentence of imprisonment and impose a period of probation not exceeding one (1)
year or a fine of not more than One Thousand Dollars ($1,000.00).
Any person convicted of a third or subsequent offense under this subsection
where the value of the property is not less than Five Hundred Dollars
($500.00), shall be imprisoned in the Penitentiary
for a term not exceeding three (3) years or fined an amount not exceeding Two
Thousand Dollars ($2,000.00), or both.
(b) Any person
guilty of embezzlement of any goods, rights in action, money, or other valuable
security, effects or property of any kind or description with a value of * * * One Thousand
Dollars or more but less than Five Thousand Dollars ($5,000.00), * * * shall be guilty of felony embezzlement, and,
upon conviction thereof, shall be imprisoned in the custody of the Department
of Corrections not more than * * * five (5) years, or fined not
more than Twenty-five Thousand Dollars ($25,000.00), or both. If the value
of such goods, rights in action, money or other valuable security, effects, or
property of any kind is less than Five Hundred Dollars ($500.00), he shall be
guilty of misdemeanor embezzlement, and, upon conviction thereof, shall be
imprisoned in the county jail not more than six (6) months, or fined not more
than One Thousand Dollars ($1,000.00), or both.
(c) Any person guilty of embezzlement of any goods, rights in action, money, or other valuable security, effects or property of any kind or description with a value of Five Thousand Dollars ($5,000.00) or more but less than Twenty-five Thousand Dollars ($25,000.00), shall be guilty of felony embezzlement, and, upon conviction thereof, shall be imprisoned in the Penitentiary for not more than ten (10) years, or fined not more than Twenty-five Thousand Dollars ($25,000.00), or both.
(d) Any person guilty of embezzlement of any goods, rights in action, money, or other valuable security, effects or property of any kind or description with a value of Twenty-five Thousand Dollars ($25,000.00) or more, shall be guilty of felony embezzlement, and, upon conviction thereof, shall be imprisoned in the Penitentiary not more than twenty (20) years, or fined not more than Twenty-five Thousand Dollars ($25,000.00), or both.
SECTION 39. Section 97-23-93, Mississippi Code of 1972, is amended as follows:
97-23-93. (1) Any person
who shall willfully and unlawfully take possession of any merchandise owned or
held by and offered or displayed for sale by any merchant, store or other
mercantile establishment with the intention and purpose of converting such
merchandise to his own use without paying the merchant''s
stated price therefor shall be guilty of the crime of shoplifting and, upon
conviction, shall be punished as is provided in this section.
(2) The requisite intention
to convert merchandise without paying the merchant''s
stated price for the merchandise is presumed, and shall be prima facie evidence
thereof, when such person, alone or in concert with another person, willfully:
(a) Conceals the unpurchased merchandise;
(b) Removes or causes the removal of unpurchased merchandise from a store or other mercantile establishment;
(c) Alters, transfers or removes any price-marking, any other marking which aids in determining value affixed to the unpurchased merchandise, or any tag or device used in electronic surveillance of unpurchased merchandise;
(d) Transfers the unpurchased merchandise from one container to another; or
(e) Causes the cash
register or other sales recording device to reflect less than the merchant''s
stated price for the unpurchased merchandise.
(3) Evidence of stated price or ownership of merchandise may include, but is not limited to:
(a) The actual merchandise or the container which held the merchandise alleged to have been shoplifted; or
(b) The content of the price tag or marking from such merchandise; or
(c) Properly identified photographs of such merchandise.
(4) Any merchant or his agent or employee may testify at a trial as to the stated price or ownership of merchandise.
(5) A person convicted of
shoplifting merchandise for which the merchant''s
stated price is less than or equal to * * * One Thousand
Dollars ($1,000.00) shall be punished as follows:
(a) Upon a first
shoplifting conviction the defendant shall be guilty of a misdemeanor and fined
not more than One Thousand Dollars ($1,000.00), or punished by * * * imprisonment in the county jail
for a term of probation not
to exceed * * * one (1) year, or by both * * *. The court may
impose a sentence of imprisonment in the county jail for a term not exceeding
one (1) year if the court finds substantial and compelling reasons
why the offender cannot be safely and effectively supervised in the community,
is not amenable to community-based treatment, or poses a significant risk to
public safety. If such a finding is not made, the court shall suspend the
sentence of imprisonment and impose a period of probation not exceeding one (1)
year or a fine of not more than One Thousand Dollars ($1,000.00) finding shall
be stated on the record at the time of sentencing.
(b) Upon a second
shoplifting conviction the defendant shall be guilty of a misdemeanor and fined
not more than One Thousand Dollars ($1,000.00) or punished by * * * imprisonment in the county jail
for a term of probation not
to exceed * * * one (1) year, or by both * * *. The court may
impose a sentence of imprisonment in the county jail for a term not exceeding
one (1) year if the court finds substantial and compelling reasons
why the offender cannot be safely and effectively supervised in the community,
is not amenable to community-based treatment, or poses a significant risk to
public safety. If such a finding is not made, the court shall suspend the sentence
of imprisonment and impose a period of probation not exceeding one (1) year or
a fine of not more than One Thousand Dollars ($1,000.00), or bothfinding shall
be stated on the record at the time of sentencing.
(6) Upon a third or
subsequent shoplifting conviction andwhere the value of the
shoplifted merchandise is not less than Five Hundred Dollars ($500.00) or greater
than One Thousand Dollars ($1,000.00), the defendant shall be guilty of a
felony and fined not more than * * * One
Thousand Dollars ($1,000.00), or imprisoned for a term not exceeding * * * three (3) years, or by both
such fine and imprisonment.
(7) A person convicted of
shoplifting merchandise for which the merchant''s
stated price exceeds * * * One Thousand Dollars ($1,000.00)
shall be guilty of a felony and, upon conviction, punished as provided in
Section 97-17-41 for the offense of grand larceny.
(8) In determining the number of prior shoplifting convictions for purposes of imposing punishment under this section, the court shall disregard all such convictions occurring more than seven (7) years prior to the shoplifting offense in question.
(9) For the purpose of determining the gravity of the offense under subsection (7) of this section, the prosecutor may aggregate the value of merchandise shoplifted from three (3) or more separate mercantile establishments within the same legal jurisdiction over a period of thirty (30) or fewer days.
SECTION 40. Section 97-23-93.1,
Mississippi Code of 1972, is amended as follows:
97-23-93.1. (1) As
used in this section:
(a) ""Theft
detection device"" means any tag or other device
that is used to prevent or detect theft and that is attached to merchandise
held for resale by a merchant or to property of a merchant.
(b) ""Theft
detection device remover"" means any
tool or device specifically designed or manufactured to be used to remove a
theft detection device from merchandise held for resale by a merchant or
property of a merchant.
(c) ""Theft detection
shielding device"" means any laminated or coated
bag or device designed to shield merchandise held for resale by a merchant or
property of a merchant from being detected by an electronic or magnetic theft
alarm sensor.
(2) (a) A person commits
unlawful distribution of a theft detection shielding device when he or she
knowingly manufactures, sells, offers to sell or distributes any theft
detection shielding device.
(b) A person commits
unlawful possession of a theft detection shielding device when he or she
knowingly possesses any theft detection shielding device with the intent to
commit larceny or shoplifting.
(c) A person commits
unlawful possession of a theft detection device remover when he or she
knowingly possesses any theft detection device remover with the intent to use
such tool to remove any theft detection device from any merchandise without the
permission of the merchant or person owning or holding said merchandise.
(d) A person commits
unlawful use of a theft detection shielding device or a theft detection device
remover when he or she uses or attempts to use either device while committing a
violation of Section 97-23-93, Mississippi Code of 1972.
(e) Any person
convicted of violating this subsection (2) is guilty of a misdemeanor, and upon
conviction thereof, shall be * * * sentenced to a term of probation
for not * * * more than one (1) year, and fined not less than
Two Hundred Fifty Dollars ($250.00), nor more than One Thousand Dollars
($1,000.00). The court may impose a sentence of imprisonment in
the county jail not exceeding one (1) year if the court finds substantial and
compelling reasons why the offender cannot be safely and effectively supervised
in the community, is not amenable to community-based treatment, or poses a
significant risk to public safety. If such a finding is made, the finding
shall be stated on the record at the time of sentencing.
(3) (a) A person commits
unlawful removal of a theft detection device when he or she intentionally
removes any theft detection device from merchandise prior to purchase without
the permission of the merchant or person owning or holding said merchandise.
(b) Any person
convicted of violating this subsection (3) is guilty of a misdemeanor, and upon
conviction thereof, shall be fined not less than One Hundred Dollars ($100.00)
nor more than Five Hundred Dollars ($500.00), and such fine shall not be
suspended, or the person shall be imprisoned not more than sixty (60) days, or
both.
(4) (a) The activation of
an anti-shoplifting or inventory control device as a result
of a person exiting the establishment or a protected area within the
establishment shall constitute reasonable cause for the detention of the person
so exiting by the owner or operator of the establishment or by an agent or
employee of the owner or operator, provided notice has been posted to advise
patrons that such a device is being utilized. Each such detention shall be
made only in a reasonable manner and only for a reasonable period of time
sufficient for any inquiry into the circumstances surrounding the activation of
the device or for the recovery of goods.
(b) The taking into
custody and detention by a law enforcement officer, merchant or merchant''s employee, if
in compliance with the requirements of this section, does not render such law
enforcement officer, merchant or merchant''s employee
criminally or civilly liable for false arrest, false imprisonment, unlawful
detention, malicious prosecution, intentional infliction of emotional distress
or defamation.
SECTION 41. Section 97-23-94, Mississippi Code of 1972, is amended as follows:
97-23-94. (1) In addition to any other offense and penalty provided by law, it shall be unlawful for any person eighteen (18) years of age or older to encourage, aid or abet any person under the age of eighteen (18) years to commit the crime of shoplifting as defined in Section 97-23-93. In addition to any other penalty provided by law, any person who violates this section shall be punished as follows:
(a) Upon a first conviction the defendant shall be guilty of a misdemeanor and fined not more than Seven Hundred Fifty Dollars ($750.00), or punished by imprisonment not to exceed thirty (30) days, or by both such fine and imprisonment.
(b) Upon a second conviction the defendant shall be guilty of a misdemeanor and fined not more than One Thousand Dollars ($1,000.00) or punished by imprisonment not to exceed ninety (90) days, or by both such fine and imprisonment.
(c) Upon a third or
subsequent conviction the defendant shall be guilty of a felony and fined One
Thousand Dollars ($1,000.00), or imprisoned for a term not exceeding * * *
three (3) years, or by
both such fine and imprisonment.
(2) In addition to the penalties prescribed in subsection (1) of this section, the court is authorized to require the defendant to make restitution to the owner of the property where shoplifting occurred in an amount equal to twice the value of such property.
SECTION 42. Section 97-45-3, Mississippi Code of 1972, is amended as follows:
97-45-3. (1) Computer fraud is the accessing or causing to be accessed of any computer, computer system, computer network or any part thereof with the intent to:
(a) Defraud;
(b) Obtain money, property or services by means of false or fraudulent conduct, practices or representations; or through the false or fraudulent alteration, deletion or insertion of programs or data; or
(c) Insert or attach or knowingly create the opportunity for an unknowing and unwanted insertion or attachment of a set of instructions or a computer program into a computer program, computer, computer system, or computer network, that is intended to acquire, alter, damage, delete, disrupt, or destroy property or otherwise use the services of a computer program, computer, computer system or computer network.
(2) Whoever commits the
offense of computer fraud shall be punished, upon conviction, by a fine of not
more than One Thousand Dollars ($1,000.00), or by * * * imprisonment in the county jail
for a term of probation for not more than * * * one (1) year, or by both * * *. The court may
impose a sentence of imprisonment in the county jail for a term not exceeding
one (1) year if the court finds substantial and compelling reasons
why the offender cannot be safely and effectively supervised in the community,
is not amenable to community-based treatment, or poses a significant risk to
public safety. If such a finding is not made, the finding shall be stated on
the record at the time of sentencingthe court shall suspend the
sentence of imprisonment and impose a period
of probation not exceeding one (1) year or a fine of not more than One Thousand
Dollars ($1,000.00), or both. Any person convicted of a third or
subsequent offense under this subsection where the value of the property is not
less than Five Hundred Dollars ($500.00), shall be imprisoned in the Penitentiary for a term not exceeding three (3) years
or fined an amount not exceeding Two Thousand Dollars ($1,000.00), or both.
(3) * * * Whoever commits the offense of
computer damage or loss or attempted damage or loss amounts to a value of * * * One Thousand
Dollars ($1,000.00) but less than Five Thousand Dollars ($5,000.00), the
offender may be punished, upon conviction, by a fine of not more than Ten
Thousand Dollars ($10,000.00) or by imprisonment for not more than five (5)
years, or by both such fine and imprisonment.
(4) Whoever commits the offense of computer fraud when the damage or loss or attempted damage or loss amounts to a value of Five Thousand Dollars ($5,000.00) or more but less than Twenty-five Thousand Dollars ($25,000.00), the offender may be punished, upon conviction, by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than ten (10) years, or by both such fine and imprisonment.
(5) Whoever commits the offense of computer fraud when the damage or loss or attempted damage or loss amounts to a value of Twenty-five Thousand Dollars ($ 25.000.00) or more, the offender may be punished, upon conviction, by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than twenty (20) years, or by both such fine and imprisonment.
( * * *6) The definition of the term ""computer
network""
includes the Internet, as defined in Section 230 of Title II of the
Communications Act of 1934, Chapter 652, 110 Stat. 137, codified at 47 USCS
230.
SECTION 43. Section 97-45-5, Mississippi Code of 1972, is amended as follows:
97-45-5. (1) An offense against computer users is the intentional:
(a) Denial to an authorized user, without consent, of the full and effective use of or access to a computer, a computer system, a computer network or computer services; or
(b) Use or disclosure to another, without consent, of the numbers, codes, passwords or other means of access to a computer, a computer system, a computer network or computer services.
(2) Whoever commits an
offense against computer users shall be punished, upon conviction, by a fine of
not more than One Thousand Dollars ($1,000.00), or by * * * imprisonment in the county jail
for a term of probation for not more than * * * one (1) year, or by both * * *. The court may
impose a sentence of imprisonment for not more than one (1) year if
the court finds substantial and compelling reasons why the offender cannot be
safely and effectively supervised in the community, is not amenable to
community-based treatment, or poses a significant risk to public safety. If
such a finding is not made, the finding shall be stated on the
record at the time of sentencingcourt shall suspend the sentence
of imprisonment and impose a period of probation not exceeding one (1) year or
a fine of not more than One Thousand Dollars ($1,000.00), or both.
The total value of property taken, stolen or carried away by the person from a
single victim shall be aggregated in determining the gravity of the offense.
Any person convicted of a third or subsequent offense under this subsection where the value of the property is not less
than Five Hundred Dollars ($500.00), shall be imprisoned in the Penitentiary for a term not exceeding three (3) years
or fined an amount not exceeding One Thousand Dollars ($1,000.00), or both.
(3) * * * Whoever commits an offense against
computer users when the damage or loss amounts to a value of * * * One Thousand
Dollars ($1,000.00) or more but less than Five Thousand Dollars
($5,000.00), * * * may be punished, upon conviction, by a fine of not more
than Ten Thousand Dollars ($10,000.00), or imprisonment for not more than five
(5) years, or by both such fine and imprisonment.
(4) Whoever commits an offense against computer users when the damage or loss amounts to a value of Five Thousand Dollars ($5,000.00) or more but less than Twenty-five Thousand Dollars ($25,000.00), may be punished, upon conviction, by a fine of not more than Ten Thousand Dollars ($10,000.00), or imprisonment for not more than ten (10) years, or by both such fine and imprisonment.
(5) Whoever commits an offense against computer users when the damage or loss amounts to a value of Twenty-five Thousand Dollars ($25,000.00) or more, may be punished, upon conviction, by a fine of not more than Ten Thousand Dollars ($10,000.00), or imprisonment for not more than twenty-five (25) years, or by both such fine and imprisonment.
SECTION 44. Section 97-45-7, Mississippi Code of 1972, is amended as follows:
97-45-7. (1) An offense against computer equipment or supplies is the intentional modification or destruction, without consent, of computer equipment or supplies used or intended to be used in a computer, computer system or computer network.
(2)
Whoever commits an offense against computer equipment or supplies shall be
punished, upon conviction, by a fine of not more than One Thousand Dollars
($1,000.00), or by imprisonment in the county jail for * * * a term of probation for not
more than * * * one (1) year, or both * * *. The court may
impose a sentence of imprisonment in a county jail for a term not exceeding one
(1) year if the court finds substantial and compelling reasons
why the offender cannot be safely and effectively supervised in the community,
is not amenable to community-based treatment, or poses a significant risk to
public safety. If such a finding is not made, the finding shall be stated on the
record at the time of sentencingcourt shall suspend the sentence
of imprisonment and impose a period of probation not exceeding one (1) year or
a fine of not more than One Thousand Dollars ($1,000.00), or both.
The total value of property taken, stolen or carried away by the person from a
single victim shall be aggregated in determining the gravity of the offense.
Any person convicted of a third or subsequent offense under this subsection
where the value of the property is not less than Five Hundred Dollars
($500.00), shall be imprisoned in the Penitentiary
for a term not exceeding three (3) years or fined an amount not exceeding One
Thousand Dollars ($1,000.00), or both.
(3) * * * Whoever commits an offense against
computer equipment or supplies when the damage or loss amounts to a value
of * * * One Thousand Dollars ($1,000.00) or more * * * but less than Five Thousand
Dollars,may be punished, upon conviction, by a fine of not more than Ten
Thousand Dollars ($10,000.00) or by imprisonment for not more than five (5)
years, or by both such fine and imprisonment.
(4) Whoever commits an offense against computer equipment or supplies when the damage or loss amounts to a value of Five Thousand Dollars ($5,000.00) or more but less than Twenty-five Thousand Dollars ($25,000.00), may be punished, upon conviction, by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than ten (10) years, or by both such fine and imprisonment.
(5) Whoever commits an offense against computer equipment or supplies when the damage or loss amounts to a value of Twenty-five Thousand Dollars ($25,000.00) or more, may be punished, upon conviction, by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than twenty (20) years, or by both such fine and imprisonment.
SECTION 45. Section 97-45-9, Mississippi Code of 1972, is amended as follows:
97-45-9. (1) An offense against intellectual property is the intentional:
(a) Destruction, insertion or modification, without consent, of intellectual property; or
(b) Disclosure, use, copying, taking or accessing, without consent, of intellectual property.
(2) Whoever commits an
offense against intellectual property shall be punished, upon conviction, by a
fine of not more than One Thousand Dollars ($1,000.00), or by * * * imprisonment a term of
probationin the county jail for not more
than * * *
one (1) year, or by both * * *. The court may
impose a sentence of imprisonment for not more than one (1) year
if the court finds substantial and compelling reasons why the offender cannot
be safely and effectively supervised in the community, is not amenable to
community-based treatment, or poses a significant risk to public safety. If
such a finding is not made, the finding shall be stated on the
record at the time of sentencingcourt shall suspend the sentence
of imprisonment and impose a period of probation not exceeding one (1) year or
a fine of not more than One Thousand Dollars ($1,000.00), or both.
The total value of property taken, stolen or carried away by the person from a
single victim shall be aggregated in determining the gravity of the offense.
Any person convicted of a third or subsequent offense under this subsection
where the value of the property is not less than Five Hundred Dollars
($500.00), shall be imprisoned in the Penitentiary
for a term not exceeding three (3) years or fined an amount not exceeding One
Thousand Dollars ($1,000.00), or by both.
(3) * * * Whoever commits an offense against
intellectual property when the damage or loss amounts to a value of * * * One Thousand
Dollars ($1,000.00) or more but less than Five Thousand Dollars
($5,000.00), the offender may be punished, upon conviction, by a fine of
not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more
than five (5) years, or by both such fine and imprisonment.
(4) Whoever commits an offense against intellectual property when the damage or loss amounts to a value of Five Thousand Dollars ($5,000.00) or more but less than Twenty-five Thousand Dollars ($25,000.00), may be punished, upon conviction, by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than ten (10) years, or by both such fine and imprisonment.
(5) Whoever commits an offense against intellectual property when the damage or loss amounts to a value of Twenty-five Thousand Dollars ($25,000.00) or more, may be punished, upon conviction, by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than twenty (20) years, or by both such fine and imprisonment.
( * * *6) The provisions of this section
shall not apply to the disclosure, use, copying, taking, or accessing by proper
means as defined in this chapter.
SECTION 46. Section 97-45-19, Mississippi Code of 1972, is amended as follows:
97-45-19. (1) A person
shall not obtain or attempt to obtain personal identity information of another
person with the intent to unlawfully use that information for any of the
following purposes without that person''s authorization:
(a) To obtain financial credit.
(b) To purchase or otherwise obtain or lease any real or personal property.
(c) To obtain employment.
(d) To obtain access to medical records or information contained in medical records.
(e) To commit any illegal act.
(2) (a) A person who violates
this section if the violation involves an amount of One Thousand Dollars Five Hundred
Dollars ($500.00) or more but less than Five Thousand Dollars
($5,000.00) is guilty of a felony punishable by imprisonment for not * * * more than * * * five (5) years or a fine of
not more than Ten Thousand Dollars ($10,000.00), or both.
(b) * * * A person
who violates this section if the violation involves an amount of Five Thousand
Dollars ($5,000.00) or more but less than Twenty-five Thousand Dollars
($25,000.00) is guilty of a felony punishable by imprisonment for not more than
ten (10) years or a fine of not more than Ten Thousand Dollars ($10,000.00), or
both.
(c) * * * A person who violates this section if the
violation involves an amount of Twenty-five Thousand Dollars ($25,000.00) or
more is guilty of a felony punishable by imprisonment for not more than twenty
(20) years or a fine of not more than Ten Thousand Dollars ($10,000.00), or
both.
( * * *d) Notwithstanding the provisions of
paragraph (a) of this subsection (2), if the violation involves an amount of
less than * * * One Thousand Dollars ($1,000.00)Five Hundred
Dollars ($500.00), a person who violates this section may be
found guilty of a misdemeanor punishable by * * * imprisonment
in the county jail for a term of probation for not
more than * * * one (1) year, or by a fine of not more than One
Thousand Dollars ($1,000.00), or both, in the discretion of the court. The court may
sentence the offender to imprisonment in the county jail for a term of not more
than one (1) year if the court finds substantial and
compelling reasons why the offender cannot be safely and effectively supervised
in the community, is not amenable to community-based treatment, or poses a
significant risk to public safety. If such a finding is not made, the finding
shall be stated on the record at the time of sentencingthe court
shall suspend the sentence of imprisonment and impose a period of probation not
exceeding one (1) year or a fine of not more than One Thousand Dollars
($1,000.00). Any person convicted of a third or subsequent
offense under this subsection where the value of the property is not less than
Five Hundred Dollars ($500.00), shall be imprisoned in the Penitentiary for a term not exceeding three (3) years
or fined an amount not exceeding One Thousand Dollars ($1,000.00), or both.
( * * *e) For purposes of determining the
amount of the violation, the value of all goods, property, services and other
things of value obtained or attempted to be obtained by the use of an
individual''s
identity information shall be aggregated.
(3) This section does not prohibit the person from being charged with, convicted of, or sentenced for any other violation of law committed by that person using information obtained in violation of this section.
(4) This section does not apply to a person who obtains or attempts to obtain personal identity information of another person pursuant to the discovery process of a civil action, an administrative proceeding or an arbitration proceeding.
(5) Upon the request of a
person whose identifying information was appropriated, the Attorney General may
provide assistance to the victim in obtaining information to correct
inaccuracies or errors in the person''s credit report or
other identifying information; however, no legal representation shall be
afforded such person by the Office of the Attorney General.
(6) A person convicted under this section or under Section 97-19-85 shall be ordered to pay restitution as provided in Section 99-37-1 et seq., and any legal interest in addition to any other fine or imprisonment which may be imposed.
SECTION 47. Section 97-43-3, Mississippi
Code of 1972, is amended as follows:
97-43-3. The
following terms shall have the meanings ascribed to them herein unless the
context requires otherwise:
(a) ""Racketeering
activity"" means to commit, to attempt to
commit, to conspire to commit, or to solicit, coerce or intimidate another
person to commit any crime which is chargeable under the following provisions
of the Mississippi Code of 1972:
(1) Section 97-19-71, which
relates to fraud in connection with any state or federally funded assistance
programs.
(2) Section 75-71-735, which
relates to violations of the Mississippi Securities Act.
(3) Sections 45-13-105, 45-13-109, 97-37-23 and 97-37-25, which
relate to unlawful possession, use and transportation of explosives.
(4) Sections 97-3-19 and 97-3-21, which
relate to murder.
(5) Section 97-3-7(2), which
relates to aggravated assaults.
(6) Section 97-3-53, which
relates to kidnapping.
(7) Sections 97-3-73 through 97-3-83, which
relate to robbery.
(8) Sections 97-17-19 through 97-17-37, which
relate to burglary.
(9) Sections 97-17-1 through 97-17-13, which relate
to arson.
(10) Sections 97-29-49 and
97-29-51, which relate to
prostitution.
(11) Sections 97-5-5 and 97-5-31 through 97-5-37, which
relate to the exploitation of children and enticing children for concealment,
prostitution or marriage.
(12) Section 41-29-139, which
relates to violations of the Uniform Controlled Substances Law; provided,
however, that in order to be classified as ""racketeering
activity,"" such offense must be punishable
by imprisonment for more than one (1) year.
(13) Sections 97-21-1 through 97-21-63, which
relate to forgery and counterfeiting.
(14) Sections 97-9-1 through 97-9-77, which
relate to offenses affecting administration of justice.
(15) Sections 97-33-1 through 97-33-49, which
relate to gambling and lotteries.
(16) Section 97-3-54 et seq.,
which relate to human trafficking.
(b) ""Unlawful
debt"" means money or any other thing
of value constituting principal or interest of a debt which is legally
unenforceable, in whole or in part, because the debt was incurred or contracted
in gambling activity in violation of state law or in the business of lending
money at a rate usurious under state law, where the usurious rate is at least
twice the enforceable rate.
(c) ""Enterprise"" means any
individual, sole proprietorship, partnership, corporation, union or other legal
entity, or any association or group of individuals associated in fact although
not a legal entity. It includes illicit as well as licit enterprises and
governmental, as well as other, entities.
(d) ""Organized
retail theft enterprise"" means any
association of two (2) or more persons who engage in the conduct of or are
associated for the purpose of effectuating the transfer or sale of shoplifted
merchandise, which are chargeable under the provisions of Sections 97-23-93 through 97-23-95.
( * * *"e) "Pattern of
racketeering activity"" means
engaging in at least two (2) incidents of racketeering conduct that have the
same or similar intents, results, accomplices, victims, or methods of
commission or otherwise are interrelated by distinguishing characteristics and
are not isolated incidents, provided at least one (1) of such incidents
occurred after the effective date of this chapter and that the last of such
incidents occurred within five (5) years after a prior incident of racketeering
conduct.
SECTION 48. The
following shall be codified as Section ___________97-43-3.1,
Mississippi Code of 1972:
97-43-3.1. (1) It shall be unlawful for any person to conduct, organize, supervise or manage, directly or indirectly, an organized theft or fraud enterprise. Organized theft or fraud enterprise applies to conduct proscribed in the following provisions:
(a) Section 97-23-93, which relates to shoplifting;
(b) Sections 97-45-3 and 97-45-5, which relate to computer fraud;
(c) Section 97-45-19, which relates to fraudulent use of identity;
(d) Section 97-9-79, which relates to false information;
(e) Section 97-19-83, which relates to fraud by mail or other means of communication;
(f) Section 97-19-85, which relates to the fraudulent use of a social security number, credit card or debit card number or other identifying information; and
(g) Section 97-45-19, which relates to obtaining personal identity information of another person without authorization.
(2) It shall be unlawful for any person who has, with criminal intent, received any proceeds or services derived, directly or indirectly, from an organized theft or fraud enterprise.
(3) For the purposes of this section, an "organized theft or fraud enterprise" means any association of two (2) or more persons who engage in the conduct of or are associated for the purpose of effectuating the transfer or sale of merchandise, services or information that has a pecuniary value that causes a loss to the victim.
(4) The value of the merchandise or services or the pecuniary loss involved in a violation of this section may be aggregated in determining the grade of the offense where the acts or conduct constituting a violation were committed pursuant to one scheme or course of conduct, whether from the same person or several persons, or were committed in furtherance of or in conjunction with an organized theft or fraud enterprise.
(5) Any person convicted under this section shall be, upon conviction, guilty of a felony and punished by a term of imprisonment of not more than twenty (20) years or fined not more than Twenty-five Thousand Dollars ($ 25,000.00), or both.
SECTION 49. Section 97-43-5, Mississippi Code of 1972, is amended as follows:
97-43-5. (1) It is unlawful for any person who has with criminal intent received any proceeds derived, directly or indirectly, from a pattern of racketeering activity or through the collection of an unlawful debt to use or invest, whether directly or indirectly, any part of such proceeds or the proceeds derived from the investment or use thereof, in the acquisition of any title to, or any right, interest, or equity in, real property or in the establishment or operation of any enterprise.
(2) It is unlawful for any person, through a pattern of racketeering activity or through the collection of an unlawful debt, to acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property.
(3) It is unlawful for any person employed by, or associated with, any enterprise to conduct or participate, directly or indirectly, in such enterprise through a pattern of racketeering activity or the collection of an unlawful debt.
(4) It is unlawful for any person,
associated with the transfer or sale of merchandise obtained in conduct
prohibited in Sections 97-24-93 through 97-23-95, to
participate in, conduct, organize, supervise, or manage, directly or
indirectly, such an enterprise.
( * * *5) It is unlawful for any person
to conspire to violate any of the provisions of subsections (1), (2) or (3) of
this section.
SECTION 50. Section 41-29-139, Mississippi Code of 1972, is amended as follows:
41-29-139. (a) Except as authorized by this article, it is unlawful for any person knowingly or intentionally:
(1) To sell, barter, transfer, manufacture, distribute, dispense or possess with intent to sell, barter, transfer, manufacture, distribute or dispense, a controlled substance; or
(2) To create, sell, barter, transfer, distribute, dispense or possess with intent to create, sell, barter, transfer, distribute or dispense, a counterfeit substance.
(b) Except as otherwise
provided in * * * Section 41-29-142, any person who
violates subsection (a) of this section in the following amounts shall
be, if convicted, sentenced as follows:
(1) In the case of
controlled substances classified in Schedule I or II, as set out in Sections 41-29-113
and 41-29-115, except thirty (30) grams or less of marijuana or synthetic
cannabinoids, and except a first offender as defined in Section 41-29-149(e)
who violates subsection (a) of this section with respect to less than one (1)
kilogram but more than thirty (30) grams of marijuana or synthetic
cannabinoids, such person may, upon conviction * * * for an amount of
the controlled substance of:
(A) Less than two (2) grams or ten (10) dosage units, be imprisoned for not more than five (5) years or fined not more than Fifty Thousand Dollars ($50,000.00), or both;
(B) Two (2) grams or ten (10) dosage units or more but less than ten (10) grams or twenty (20) dosage units, be imprisoned for not less than three (3) years nor more than twenty (20) years or fined not more than Two Hundred Fifty Thousand Dollars ($ 250,000.00), or both;
(C) Ten (10) grams or twenty (20) dosage units or more, but less than thirty (30) grams or forty (40) dosage units, be imprisoned for not less five (5) years nor more than thirty (30) years or fined not more than Five Hundred Thousand Dollars ($500,000.00).
(2) In the case of a
first offender who violates subsection (a) of this section with an amount less
than one (1) kilogram but more than thirty (30) grams of marijuana or synthetic
cannabinoids as classified in Schedule I, as set out in Section 41-29-113, such
person is guilty of a felony and, upon conviction, may be imprisoned for not
more than * * *
five (5) years or fined not more than Thirty Thousand Dollars
($30,000.00), or both;
(3) In the case of thirty (30) grams or less of marijuana or synthetic cannabinoids, such person may, upon conviction, be imprisoned for not more than three (3) years or fined not more than Three Thousand Dollars ($3,000.00), or both;
(4) In the case of
controlled substances classified in Schedules III and IV, as set out in Sections
41-29-117 and 41-29-119, such person may, upon conviction * * * for an
amount of the controlled substance of:
(A) Less than two (2) grams or ten (10) dosage units, be imprisoned for not more than two (2) years or fined not more than Five Thousand Dollars ($5,000.00), or both;
(B) Two (2) grams or ten (10) dosage units or more but less than ten (10) grams or twenty (20) dosage units, be imprisoned for not more than eight (8) years or fined not more than Fifty Thousand Dollars ($50,000.00), or both;
(C) Ten grams (10) or twenty (20) dosage units or more but less than thirty (30) grams or forty (40) dosage units, be imprisoned for not more than fifteen (15) years or fined not more than One Hundred Thousand Dollars ($100,000.00).
(5) In the case of
controlled substances classified in Schedule V, as set out in Section 41-29-121,
such person may, upon conviction * * * for an amount of the
controlled substance of:
(A) Less than two (2) grams or ten (10) dosage units, be imprisoned for not more than one (1) year or fined not more than One Thousand Dollars ($1,000.00), or both;
(B) Two (2) grams or ten (10) dosage units or more but less than ten (10) grams or twenty (20) dosage units, be imprisoned for not more than five years (5) years or fined not more than Ten Thousand Dollars ($10,000.00), or both;
(C) Ten grams (10) or twenty (20) dosage units or more but less than thirty (30) grams or forty (40) dosage units, be imprisoned for not more than ten (10) years or fined not more than Twenty Thousand Dollars ($20,000.00).
(c) It is unlawful for any person knowingly or intentionally to possess any controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his professional practice, or except as otherwise authorized by this article. The penalties for any violation of this subsection (c) with respect to a controlled substance classified in Schedules I, II, III, IV or V, as set out in Section 41-29-113, 41-29-115, 41-29-117, 41-29-119 or 41-29-121, including marijuana or synthetic cannabinoids, shall be based on dosage unit as defined herein or the weight of the controlled substance as set forth herein as appropriate:
""Dosage
unit (d.u.)"" means a
tablet or capsule, or in the case of a liquid solution, one (1) milliliter. In
the case of lysergic acid diethylamide (LSD) the term, ""dosage
unit""
means a stamp, square, dot, microdot, tablet or capsule of a controlled
substance.
For any controlled substance
that does not fall within the definition of the term ""dosage
unit,""
the penalties shall be based upon the weight of the controlled substance.
The weight set forth refers to the entire weight of any mixture or substance containing a detectable amount of the controlled substance.
If a mixture or substance contains more than one (1) controlled substance, the weight of the mixture or substance is assigned to the controlled substance that results in the greater punishment.
Any person who violates this subsection with respect to:
(1) A controlled substance classified in Schedule I or II, except marijuana or synthetic cannabinoids, in the following amounts shall be charged and sentenced as follows:
(A) Less than one-tenth
(0.1) gram or * * *two
(2) dosage units * * * shall be charged as a
misdemeanor * * *
and, upon conviction, may be imprisoned * * * for up to one (1) year * * * or fined not more than One
Thousand Dollars ($1,000.00), or both.
(B) One-tenth
(0.1) gram or two (2) dosage units or more but less than two (2) grams
or * * * ten (10) dosage units, * * * may be imprisoned for
not * * * more than * * * three (3) years * * * or a fine of not more than Fifty
Thousand Dollars ($50,000.00), or both.
(C) Two (2) grams
or ten (10) dosage units or more but less than ten (10) grams or * * * twenty (20)
dosage units, * * * may be imprisoned for not * * * more than * * * eight (8) years and * * * fined not more than Two
Hundred Fifty Thousand Dollars ($250,000.00), or both.
(D) Ten (10)
grams or twenty (20) dosage units or more but less than thirty (30)
grams or * * * forty (40) dosage units, * * * may be imprisoned for
not less than * * *three
(3) years nor more than * * * twenty (20) years and * * * fined not more than Five
Hundred Thousand Dollars ($500,000.00), or both.
* * *
(2) Marijuana or synthetic cannabinoids in the following amounts shall be charged and sentenced as follows:
(A) Thirty (30) grams or less by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Fifty Dollars ($250.00). The provisions of this paragraph shall be enforceable by summons, provided the offender provides proof of identity satisfactory to the arresting officer and gives written promise to appear in court satisfactory to the arresting officer, as directed by the summons. A second conviction under this section within two (2) years shall be punished by a fine of Two Hundred Fifty Dollars ($250.00) and not less than five (5) days nor more than sixty (60) days in the county jail and mandatory participation in a drug education program, approved by the Division of Alcohol and Drug Abuse of the State Department of Mental Health, unless the court enters a written finding that such drug education program is inappropriate. A third or subsequent conviction under this section within two (2) years is a misdemeanor punishable by a fine of not less than Two Hundred Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00) and confinement for not less than five (5) days nor more than six (6) months in the county jail. Upon a first or second conviction under this section, the courts shall forward a report of such conviction to the Mississippi Bureau of Narcotics which shall make and maintain a private, nonpublic record for a period not to exceed two (2) years from the date of conviction. The private, nonpublic record shall be solely for the use of the courts in determining the penalties which attach upon conviction under this section and shall not constitute a criminal record for the purpose of private or administrative inquiry and the record of each conviction shall be expunged at the end of the period of two (2) years following the date of such conviction;
(B) Additionally, a person who is the operator of a motor vehicle, who possesses on his person or knowingly keeps or allows to be kept in a motor vehicle within the area of the vehicle normally occupied by the driver or passengers, more than one (1) gram, but not more than thirty (30) grams, of marijuana or synthetic cannabinoids is guilty of a misdemeanor and, upon conviction, may be fined not more than One Thousand Dollars ($1,000.00) and confined for not more than ninety (90) days in the county jail. For the purposes of this subsection, such area of the vehicle shall not include the trunk of the motor vehicle or the areas not normally occupied by the driver or passengers if the vehicle is not equipped with a trunk. A utility or glove compartment shall be deemed to be within the area occupied by the driver and passengers;
(C) More than thirty (30) grams but less than two hundred fifty (250) grams may be fined not more than One Thousand Dollars ($1,000.00), or confined in the county jail for not more than one (1) year, or both; or fined not more than Three Thousand Dollars ($3,000.00), or imprisoned in the State Penitentiary for not more than three (3) years, or both;
(D) Two hundred
fifty (250) grams but less than five hundred (500) grams, by imprisonment for
not less than two (2) years nor more than eight (8) years * * * or by a fine of not more than Fifty
Thousand Dollars ($50,000.00), or both;
(E) Five hundred
(500) grams but less than one (1) kilogram, by imprisonment for not less than
four (4) years nor more than sixteen (16) years * * * or a fine of less than Two Hundred
Fifty Thousand Dollars ($250,000.00), or both;
(F) One (1)
kilogram but less than five (5) kilograms, by imprisonment for not less than
six (6) years nor more than twenty-four (24) years * * * or a fine of not more than Five
Hundred Thousand Dollars ($500,000.00), or both;
(G) Five (5)
kilograms or more, by imprisonment for not less than ten (10) years nor more
than thirty (30) years * * *
or a fine of not more than One Million Dollars ($1,000,000.00), or
both.
(3) A controlled substance classified in Schedule III, IV or V as set out in Sections 41-29-117 through 41-29-121, upon conviction, may be punished as follows:
(A) Less than
fifty (50) grams or less than one hundred (100) dosage units is a misdemeanor
and punishable by not more than one (1) year * * * or a fine of not more than One
Thousand Dollars ($1,000.00), or both.
(B) * * * More than fFifty
(50) grams or one hundred (100) dosage units or more but less
than one hundred fifty (150) grams or * * *
five hundred (500) dosage units, by imprisonment for not less than one (1) year
nor more than four (4) years * * * or a fine of not more than Ten
Thousand Dollars ($10,000.00), or both.
(C) * * * More than oOne
hundred fifty (150) grams or Five Hundred (500) dosage units or more but
less than three hundred (300) grams or * * *
one thousand (1,000) dosage units, by imprisonment for not less than two (2)
years nor more than eight (8) years * * *or a fine of not more than Fifty
Thousand Dollars ($50,000.00), or both.
(D) * * * More than three hundred (300)
grams or one thousand (1000) dosage units but less than five hundred
(500) grams or * * * two thousand five
hundred (2,500) dosage units, by imprisonment for not less than four (4) years
nor more than sixteen (16) years * * * or a fine of not more than Two
Hundred Fifty Thousand Dollars ($250,000.00), or both.
* * *
(d) (1) It is unlawful for a person who is not authorized by the State Board of Medical Licensure, State Board of Pharmacy, or other lawful authority to use, or to possess with intent to use, paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Law. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($500.00), or both; however, no person shall be charged with a violation of this subsection when such person is also charged with the possession of one (1) ounce or less of marijuana or synthetic cannabinoids under subsection (c)(2)(A) of this section.
(2) It is unlawful for any person to deliver, sell, possess with intent to deliver or sell, or manufacture with intent to deliver or sell, paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of the Uniform Controlled Substances Law. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($500.00), or both.
(3) Any person eighteen (18) years of age or over who violates subsection (d)(2) of this section by delivering or selling paraphernalia to a person under eighteen (18) years of age who is at least three (3) years his junior is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than one (1) year, or fined not more than One Thousand Dollars ($1,000.00), or both.
(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as paraphernalia. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, may be confined in the county jail for not more than six (6) months, or fined not more than Five Hundred Dollars ($500.00), or both.
(e) It shall be unlawful for any physician practicing medicine in this state to prescribe, dispense or administer any amphetamine or amphetamine-like anorectics and/or central nervous system stimulants classified in Schedule II, pursuant to Section 41-29-115, for the exclusive treatment of obesity, weight control or weight loss. Any person who violates this subsection, upon conviction, is guilty of a misdemeanor and may be confined for a period not to exceed six (6) months, or fined not more than One Thousand Dollars ($1,000.00), or both.
* * *
( * * *f) (1) Any person trafficking in
controlled substances shall be guilty of a felony and, upon conviction, shall
be imprisoned for a term of * * * not less than ten (10) years nor
more than forty (40) years * * *. The ten-year mandatory
sentence shall not be reduced or suspended * * *. The person shall not
be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139,
47-7-3 and 47-7-33, Mississippi Code of 1972, to the contrary notwithstanding during
the sentence and shall be fined not less than Five Thousand Dollars
($5,000.00) nor more than One Million Dollars ($1,000,000.00).
(2) ""Trafficking
in controlled substances"" as used
herein means * * *
(A) A a
violation of subsection (a) of this section
involving thirty (30) grams or forty (40) dosage units or more of a schedule I,
or II, substance except
marijuana;
(B) Five
hundred (500) grams or two thousand five hundred (2,500) dosage units of a
schedule III, IV or V substance; or
III, IV or V substance except
marijuana or one (1) kilogram of marijuana or more
(C) or aA
violation of subsection (c) of this section involving the following amounts:
(A) Tthirty
(30) grams or forty (40) dosage units or more of a schedule I or II substance
except marijuana.;
(3) * * * The provisions of this subsection shall not apply to
any person who furnishes information and assistance to the bureau, or its
designee, which, in the opinion of the trial judge objectively should or would
have aided in the arrest or prosecution of others who violate this subsection.
The accused shall have adequate opportunity to develop and make a record of all
information and assistance so furnished.
(g) Any person trafficking in schedule I or II substances, except marijuana, of two hundred (200) grams or more shall be guilty of aggravated trafficking and upon conviction shall be sentenced to a term of not less than twenty five (25) years nor more than life in prison. The twenty-five-year sentence shall be a mandatory sentence and shall not be reduced or suspended. The person shall not be eligible for probation or parole, the provisions of Sections 41-29-149, 47-5-139, 47-7-3 and 47-7-33, Mississippi Code of 1972, to the contrary notwithstanding during the sentence and shall be fined not less than Five Thousand Dollars ($5,000.00) nor more than One Million Dollars ($1,000,000.00.00).
(h) (1) Notwithstanding any provision of this section, a person who has been convicted of an offense under this section that requires the judge to impose a prison sentence which cannot be suspended or reduced and is ineligible for probation or parole may, at the discretion of the court, receive a sentence of imprisonment that is no less than twenty-five percent (25%) of the sentence prescribed by the applicable statute. In considering whether to apply the departure from the sentence prescribed, the court shall conclude that:
(A) The offender was not a leader of the criminal enterprise;
(B) The offender did not use violence or a weapon during the crime;
(C) The offense did not result in a death or serious bodily injury of a person not a party to the criminal enterprise; and
(D) The interests of justice are not served by the imposition of the prescribed mandatory sentence.
(2) If the court reduces the prescribed sentence pursuant to this subsection, it must specify on the record the circumstances warranting the departure.
SECTION 51. Section 41-29-313, Mississippi Code of 1972, is amended as follows:
41-29-313. (1) (a) Except as authorized in this section, it is unlawful for any person to knowingly or intentionally:
(i) Purchase, possess, transfer, manufacture, attempt to manufacture or distribute any two (2) or more of the listed precursor chemicals or drugs in any amount with the intent to unlawfully manufacture a controlled substance;
(ii) Purchase, possess, transfer, manufacture, attempt to manufacture or distribute any two (2) or more of the listed precursor chemicals or drugs in any amount, knowing, or under circumstances where one reasonably should know, that the listed precursor chemical or drug will be used to unlawfully manufacture a controlled substance;
(b) The term ""precursor
drug or chemical"" means a drug
or chemical that, in addition to legitimate uses, may be used in manufacturing
a controlled substance in violation of this chapter. The term includes any
salt, optical isomer or salt of an optical isomer, whenever the existence of a
salt, optical isomer or salt of optical isomer is possible within the specific
chemical designation. The chemicals or drugs listed in this section are
included by whatever official, common, usual, chemical or trade name
designated. A ""precursor
drug or chemical"" includes,
but is not limited to, the following:
(i) Ether;
(ii) Anhydrous ammonia;
(iii) Ammonium nitrate;
(iv) Pseudoephedrine;
(v) Ephedrine;
(vi) Denatured alcohol (Ethanol);
(vii) Lithium;
(viii) Freon;
(ix) Hydrochloric acid;
(x) Hydriodic acid;
(xi) Red phosphorous;
(xii) Iodine;
(xiii) Sodium metal;
(xiv) Sodium hydroxide;
(xv) Muriatic acid;
(xvi) Sulfuric acid;
(xvii) Hydrogen chloride gas;
(xviii) Potassium;
(xix) Methanol;
(xx) Isopropyl alcohol;
(xxi) Hydrogen peroxide;
(xxii) Hexanes;
(xxiii) Heptanes;
(xxiv) Acetone;
(xxv) Toluene;
(xxvi) Xylenes.
(c) Any person who
violates this subsection (1), upon conviction, is guilty of a felony and may be
imprisoned for a period not to exceed * * * five (5) years and shall be
fined not less than Five Thousand Dollars ($5,000.00) nor more than * * * Fifty
Thousand Dollars ($50,000.00), or both * * *.
(d) Any person who violates this subsection (1) with a quantity of at least two (2) precursor materials capable, under appropriate circumstances, of the manufacture of more than two (2) grams but less than ten (10) grams of a controlled substance, upon conviction, is guilty of a felony and may be imprisoned for a period not to exceed eight (8) years or a fine of not less than Fifty Thousand Dollars ($50,000.00), or both.
(e) Any person who violates this subsection (1) with a quantity of at least two (2) precursor materials capable under appropriate circumstances, of the manufacture of more than ten (10) grams but less than thirty (30) grams of a controlled substance, upon conviction, is guilty of a felony and may be imprisoned for a period no less than three (3) years nor more than twenty (20) years or a fine of not less than Two Hundred Fifty Thousand Dollars ($250,000.00), or both.
(f) Any person who violates this subsection (1) with a quantity of at least two (2) precursor materials capable, under appropriate circumstances, of the manufacture of more than thirty (30) grams of a controlled substance, upon conviction, is guilty of a felony and may be imprisoned for a period no less than three (3) years nor more than twenty (20) years or a fine of not less than Two Hundred Fifty Thousand Dollars ($250,000.00), or both.
(2) (a) It is unlawful for any person to knowingly or intentionally steal or unlawfully take or carry away any amount of anhydrous ammonia or to break, cut, or in any manner damage the valve or locking mechanism on an anhydrous ammonia tank with the intent to steal or unlawfully take or carry away anhydrous ammonia.
(b) (i) It is unlawful for any person to purchase, possess, transfer or distribute any amount of anhydrous ammonia knowing, or under circumstances where one reasonably should know, that the anhydrous ammonia will be used to unlawfully manufacture a controlled substance.
(ii) The possession of any amount of anhydrous ammonia in a container unauthorized for containment of anhydrous ammonia pursuant to Section 75-57-9 shall be prima facie evidence of intent to use the anhydrous ammonia to unlawfully manufacture a controlled substance.
(c) (i) It is unlawful for any person to purchase, possess, transfer or distribute two hundred fifty (250) dosage units or fifteen (15) grams in weight (dosage unit and weight as defined in Section 41-29-139) of pseudoephedrine or ephedrine, knowing, or under circumstances where one reasonably should know, that the pseudoephedrine or ephedrine will be used to unlawfully manufacture a controlled substance.
(ii) Except as provided in this subparagraph, possession of one or more products containing more than twenty-four (24) grams of ephedrine or pseudoephedrine shall constitute a rebuttable presumption of intent to use the product as a precursor to methamphetamine or another controlled substance. The rebuttable presumption established by this subparagraph shall not apply to the following persons who are lawfully possessing the identified drug products in the course of legitimate business:
1. A retail distributor of the drug products described in this subparagraph possessing a valid business license or wholesaler;
2. A wholesale drug distributor, or its agents, licensed by the Mississippi State Board of Pharmacy;
3. A manufacturer of drug products described in this subparagraph, or its agents, licensed by the Mississippi State Board of Pharmacy;
4. A pharmacist licensed by the Mississippi State Board of Pharmacy; or
5. A licensed health care professional possessing the drug products described in this subparagraph (ii) in the course of carrying out his profession.
(d) Any person who violates this subsection (2), upon conviction, is guilty of a felony and may be imprisoned for a period not to exceed five (5) years and shall be fined not more than Five Thousand Dollars ($5,000.00), or both fine and imprisonment.
(3) Nothing in this section shall preclude any farmer from storing or using any of the listed precursor drugs or chemicals listed in this section in the normal pursuit of farming operations.
(4) Nothing in this section shall preclude any wholesaler, retailer or pharmacist from possessing or selling the listed precursor drugs or chemicals in the normal pursuit of business.
(5) Any person who violates the provisions of this section with children under the age of eighteen (18) years present may be subject to a term of imprisonment or a fine, or both, of twice that provided in this section.
(6) Any person who violates the provisions of this section when the offense occurs in any hotel or apartment building or complex may be subject to a term of imprisonment or a fine, or both, of twice that provided in this section. For the purposes of this subsection (6), the following terms shall have the meanings ascribed to them:
(a) ""Hotel""
means a hotel, inn, motel, tourist court, apartment house, rooming house or any
other place where sleeping accommodations are furnished or offered for pay if four
(4) or more rooms are available for transient guests.
(b) ""Apartment
building""
means any building having four (4) or more dwelling units, including, without
limitation, a condominium building.
(7) Any person who violates the provisions of this section who has in his possession any firearm, either at the time of the commission of the offense or at the time any arrest is made, may be subject to a term of imprisonment or a fine, or both, of twice that provided in this section.
(8) Any person who violates
the provisions of this section upon any premises upon which any booby trap has
been installed or rigged may be subject to a term of imprisonment or a fine, or
both, of twice that provided in this section. For the purposes of this
subsection, the term ""booby trap""
means any concealed or camouflaged device designed to cause bodily injury when
triggered by any action of a person making contact with the device. The term
includes guns, ammunition or explosive devices attached to trip wires or other
triggering mechanisms, sharpened stakes, nails, spikes, electrical devices,
lines or wires with hooks attached, and devices designed for the production of
toxic fumes or gases.
SECTION 52. The following shall be codified as Section 97-3-2, Mississippi Code of 1972:
97-3-2. (1) In addition to any other classification for such crimes as provided by any other provision of law, the following shall also be classified as crimes of violence:
(a) Driving under the influence as provided in Sections 63-11-30(5),
and 63-11-30(12)(d);
(b) Murder and attempted murder as provided in
Sections 97-1-7(2), 97-3-19, 97-3-23,
and 97-3-25;
(c) Aggravated assault as provided in
Sections 97-3-7(2)(a), 97-3-7(2)(b),
97-3-7(2),
and 97-3-7(4);
(d) Manslaughter as provided in
Sections 97-3-27, 97-3-29, 97-3-31, 97-3-33,
97-3-35, 97-3-39, 97-3-41, 97-3-43, 97-3-45, and 97-3-47;
(e) Killing of an unborn child as provided in
Sections 97-3-37(2)(a), and 97-3-37(2)(b);
(f) Kidnapping as provided in Section 97-3-53;
(g) Human trafficking as provided in Section 97-3-54.1;
(h) Poisoning as provided in Section 97-3-61;
(i) Rape as provided in Sections 97-3-65(4)(a) and ,
97-3-71;
(j) Robbery with a deadly weapon as provided in Section 97-3-79;
(k) Sexual battery as provided in
Sections 97-3-101(1), 97-3-101(2)(b), and 97-3-101(3);
(l) Drive-by shooting or bombing as provided in Section 97-3-109;
(m) Carjacking with a deadly weapon as provided in Section 97-3-117(2);
(n) Felonious neglect, abuse or battery of a child as provided in Section 97-5-39(2);
(o) Burglary of a dwelling as provided in
Sections 97-17-23(2) and, 97-17-37;
(p) Use of explosives or weapons of mass destruction as provided in Section 97-37-25; and
(q) Shooting into a dwelling as provided in Section 97-37-29.
(2) In any felony offense
with a maximum sentence of no less than five (5)
years, upon conviction, the judge may find, on the record in open court, that
the offense, while not listed in subsection (1) of this section, shall be
classified as a crime of violence if the facts show that the defendant used
physical force, or made a credible attempt or threat of physical force against
another person as part of the criminal act.
SECTION 53. Section 47-7-3, Mississippi Code of 1972, is amended as follows:
47-7-3. (1) Every prisoner
who has been convicted of any offense against the State of Mississippi, and is
confined in the execution of a judgment of such conviction in the Mississippi
Department of Corrections for a definite term or terms of one (1) year or over,
or for the term of his or her natural life, whose record of conduct shows that
such prisoner has observed the rules of the department, and who has served not
less than one-fourth (1/4) of the total of such term or terms for which such
prisoner was sentenced, * * * or, if sentenced to serve a term or terms of thirty (30) years or more,
or, if sentenced for the term of the natural life of such prisoner, has served
not less than ten (10) years of such life sentence, may be released
on parole as hereinafter provided, except that:
(a) No prisoner convicted as a confirmed and habitual criminal under the provisions of Sections 99-19-81 through 99-19-87 shall be eligible for parole;
(b) Any person who shall have been convicted of a sex crime shall not be released on parole except for a person under the age of nineteen (19) who has been convicted under Section 97-3-67;
* * *
( * * *c) (i) No person shall be eligible
for parole who shall, on or after January 1, 1977, be convicted of robbery or
attempted robbery through the display of a firearm until he shall have served
ten (10) years if sentenced to a term or terms of more than ten (10) years or
if sentenced for the term of the natural life of such person. If such person
is sentenced to a term or terms of ten (10) years or less, then such person
shall not be eligible for parole. The provisions of this paragraph (d)(i)
shall also apply to any person who shall commit robbery or attempted robbery on
or after July 1, 1982, through the display of a deadly weapon. This paragraph
(dc)(i)
shall not apply to persons convicted after September 30, 1994;
(ii) No person shall be eligible for parole who shall, on or after October 1, 1994, be convicted of robbery, attempted robbery or carjacking as provided in Section 97-3-115 et seq., through the display of a firearm or drive-by shooting as provided in Section 97-3-109. The provisions of this paragraph (d)(ii) shall also apply to any person who shall commit robbery, attempted robbery, carjacking or a drive-by shooting on or after October 1, 1994, through the display of a deadly weapon. This paragraph (c)(ii) shall not apply to persons convicted after July 1, 2014;
( * * *d) No person shall be eligible for
parole who, on or after July 1, 1994, is charged, tried, convicted and
sentenced to life imprisonment without eligibility for parole under the
provisions of Section 99-19-101;
( * * *e) No person shall be eligible for
parole who is charged, tried, convicted and sentenced to life imprisonment
under the provisions of Section 99-19-101;
* * *
( * * *f) No person shall be eligible for
parole who is convicted or whose suspended sentence is revoked after June 30,
1995, except that an offender convicted of only nonviolent crimes after June
30, 1995, may be eligible for parole if the offender meets the requirements in
subsection (1) and this paragraph. In addition to other requirements, if an
offender is convicted of a drug or driving under the influence felony, the
offender must complete a drug and alcohol rehabilitation program prior to
parole or the offender may be required to complete a post-release drug and
alcohol program as a condition of parole. For purposes of this paragraph, ""nonviolent
crime""
means a felony other than homicide, robbery, manslaughter, sex crimes, arson,
burglary of an occupied dwelling, aggravated assault, kidnapping, felonious
abuse of vulnerable adults, felonies with enhanced penalties, the sale or
manufacture of a controlled substance under the Uniform Controlled Substances
Law, felony child abuse, or exploitation or any crime under Section 97-5-33 or
Section 97-5-39(2) or 97-5-39(1)(b), 97-5-39(1)(c) or a violation of Section 63-11-30(5).
An offender convicted of a violation under Section 41-29-139(a), not exceeding
the amounts specified under Section 41-29-139(b), may be eligible for parole.
In addition, an offender incarcerated for committing the crime of possession of
a controlled substance under the Uniform Controlled Substances Law after July
1, 1995, shall be eligible for parole. This paragraph (f) shall not apply
to persons convicted on or after July 1, 2014;
(g) No person who,
on or after July 1, 2014, is convicted of a crime of violence pursuant to Section
97-3-2, a sex crime or an offense that specifically prohibits parole release,
shall be eligible for parole. All persons convicted of any other offense on or
after July 1, 2014, are eligible for parole after they have served one-fourth
(1/4) of the sentence or sentences imposed after that dateby the trial
court.
(2) Notwithstanding any
other provision of law, an inmate shall not be eligible to receive earned time,
good time or any other administrative reduction of time which shall reduce the
time necessary to be served for parole eligibility as provided in subsection
(1) of this section * * *.
(3) The State Parole Board
shall, by rules and regulations, establish a method of determining a tentative
parole hearing date for each eligible offender taken into the custody of the
Department of Corrections. The tentative parole hearing date shall be
determined within ninety (90) days after the department has assumed custody of
the offender.* * *
The parole hearing date shall occur when the offender is within thirty (30)
days of the month of his parole eligibility date. The parole eligibility date
is no earlier than one-fourth (1/4) of the prison sentence or sentences imposed
by the court.
(4) Any inmate within
twenty-four (24) months of his parole eligibility date and who meets the
criteria established by the classification board shall receive priority for
placement in any educational development and job training programs that are
part of his or her parole case plan. Any inmate refusing to participate in
an educational development or job training program that is part of the case
plan may be * * * in jeopardy of noncompliance with the case plan and
may be denied parole.
SECTION 54. Section 47-5-138.1, Mississippi Code of 1972, is amended as follows:
47-5-138.1. (1) In
addition to any other administrative reduction of sentence, an offender in
trusty status as defined by the classification board of the Department of
Corrections may be awarded a trusty time allowance of thirty (30) days''
reduction of sentence for each thirty (30) days of participation during any
calendar month in an approved program while in trusty status, including
satisfactory participation in education or instructional programs, satisfactory
participation in work projects and satisfactory participation in any special
incentive program.
(2) An offender in trusty status shall not be eligible for a reduction of sentence under this section if:
(a) The offender was sentenced to life imprisonment;
(b) The offender was convicted as an habitual offender under Sections 99-19-81 through 99-19-87;
(c) The offender was convicted of a sex crime;
(d) The offender has not served the mandatory time required for parole eligibility, as prescribed under Section 47-7-3, for a conviction of robbery or attempted robbery through the display of a deadly weapon, carjacking through the display of a deadly weapon or a drive-by shooting; or
* * *
( * * *e) The offender was convicted of
trafficking in controlled substances under Section 41-29-139.
SECTION 55. The following shall be codified in Chapter 7, Title 47, Mississippi Code of 1972:
(1)
Notwithstanding Sections 47-5-138, 47-5-139, 47-5-138.1 or 47-5-142, no inmate person convicted
of a criminal offense on or after July 1, 2014, shall be released by the
department until he or she has served no less than fifty percent (50%) of a
sentence for a crime of violence pursuant to Section 97-3-2 or twenty-five
percent (25%) of any other sentence imposed by the court.
(2) This section shall not apply to:
(a) Offenders sentenced to life imprisonment;
(b) Offenders convicted as habitual offenders pursuant to Sections 99-19-81 through 99-19-87;
(c) Offenders serving a sentence for a sex offense; or
(d) Offenders serving a sentence for trafficking.
SECTION 56. The following shall be codified in Chapter 7, Title 47, Mississippi Code of 1972:
(1)
In consultation with the parole board, the department shall develop a case plan
for all parole eligible inmates to guide an inmate''s
rehabilitation while in the department''s custody and to
reduce the likelihood of recidivism after release.
(2) Within thirty (30)ninety (90) days of
admission, the department shall complete a case plan on all inmates which shall
include, but not limited to:
(a) Programming and treatment requirements based on the results of a risk and needs assessment;
(b) Any programming or treatment requirements contained in the sentencing order; and
(c) General behavior requirements in accordance with the rules and policies of the department.
(3) The department shall provide the inmate with a
written copy of the case plan and the inmate''s
caseworker shall explain the conditions set forth in the case plan.
(a) If an inmate is eligible for parole pursuant to
Section 47-7-3, wWithin
ninety (90) days of admission, the caseworker shall notify the inmate of their
parole eligibility date as calculated in accordance with Section 47-7-3(3).
(b) At the time the a parole-eligible inmate
receives the case plan, the department shall send the case plan to the parole
board
for approval.
(4) The department shall ensure that the case plan is
achievable prior to inmate''s parole
eligibility date.
(5) The caseworker shall meet with the inmate every
eight (8) weeks from the date the offender received the case plan to review the
inmate''s
case plan progress.
(6) Every * * * four (4) months the department
shall electronically submit a progress report on each parole-eligible
inmate''s
case plan to the parole board. The board may meet to review an inmate''s
case plan and may provide written input to the caseworker on the inmate''s
progress toward completion of the case plan.
(7) The parole board shall provide semiannually to the Oversight Task Force the number of parole hearings held, the number of prisoners released to parole without a hearing and the number of parolees released after a hearing.
SECTION 57. The following shall be codified in Chapter 7, Title 47, Mississippi Code of 1972:
(1) Each inmate
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 54__
of this act;
(b) A victim of the offense has not requested the board conduct a hearing;
(c) The inmate has not received a (serious)
or
majory violation report disciplinary 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 department 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 department 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 47-5-17717.
(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 department 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 re-entry 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/month.
SECTION 58. Section 47-7-17, Mississippi Code of 1972, is amended as follows:
47-7-17. 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.
Before ruling on the
application for parole of any offender, the board may haverequire * * * an a parole-eligible offender
eligible
for or required to have a hearing pursuant to Sections 53 and 54
of this act appear before it and interview him or her. The hearing
shall be held* * *
no later than thirty (30) months 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. * * * 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 him or her
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 re-entry 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 of
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.
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.
A letter of protest against granting an offender parole shall not be treated as the conclusive and only reason for not granting parole.
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 permittingrelated to the placement of
certain offenders to be placed on unsupervised parole and for the
operation of transitional re-entry 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 59. Section 47-5-157, Mississippi Code of 1972, is amended as follows:
47-5-157. When an offender
is entitled to a discharge from the custody of the department, or is released
therefrom on parole, pardon, or otherwise, the commissioner or his designee
shall prepare and deliver to him a written discharge or release, as the case
may be, dated and signed by him with seal annexed, giving the offender''s
name, the name of the offense or offenses for which he was convicted, the term
of sentence imposed and the date thereof, the county in which he was sentenced,
the amount of commutation received, if any, the trade he has learned, if any,
his proficiency in same, and such description of the offender as may be
practicable and the discharge plan developed pursuant to Sections 53 and 54
of this act. * * *At least fifteen (15) days prior to
the release of an offender as described herein, the director of records of the
department shall give the written notice which is required pursuant to Section
47-5-177. * * *
The offender shall be furnished, if needed, suitable civilian clothes, a Mississippi
driver's license, or a state identification card that is not a department-issued
identification card and all money held to his credit by any
official of the correctional system shall be delivered to him.
The amount of money which an offender is entitled to receive from the State of Mississippi when he is discharged from the state correctional system shall be determined as follows:
(a) If he has continuously served his sentence in one (1) year or less flat time, he shall be given Fifteen Dollars ($15.00).
(b) If he has served his sentence in more than one (1) year flat time and in less than ten (10) years flat time, he shall be given Twenty-five Dollars ($25.00).
(c) If he has continuously served his sentence in ten (10) or more years flat time, he shall be given Seventy-five Dollars ($75.00).
(d) If he has continuously served his sentence in twenty (20) or more years flat time, he shall be given One Hundred Dollars ($100.00).
There shall be given in addition to the above specified moneys in subsections (a), (b), (c) and (d), a bus ticket to the county of conviction or to a state line of Mississippi.
SECTION 60. Section 47-5-139, Mississippi Code of 1972, is amended as follows:
47-5-139. (1) An inmate shall not be eligible for the earned time allowance if:
(a) The inmate was
sentenced to life imprisonment; but an inmate, except an inmate sentenced to
life imprisonment for capital murder or convicted as a habitual offender
under Sections 99-19-81 through 99-19-87, who has reached the age of * * * sixty (60) or older and
who has served at least * * *fifteen (15) ten (10) years may petition the * * * parole board for
conditional release;
(b) The inmate was convicted as a habitual offender under Sections 99-19-81 through 99-19-87;
(c) The inmate has forfeited his earned time allowance by order of the commissioner;
(d) The inmate was convicted of a sex crime; or
(e) The inmate has not served the mandatory time required for parole eligibility for a conviction of robbery or attempted robbery with a deadly weapon.
(2) An offender under two (2) or more consecutive sentences shall be allowed commutation based upon the total term of the sentences.
(3) All earned time shall be forfeited by the inmate in the event of escape and/or aiding and abetting an escape. The commissioner may restore all or part of the earned time if the escapee returns to the institution voluntarily, without expense to the state, and without act of violence while a fugitive from the facility.
(4) Any officer or employee who shall willfully violate the provisions of this section and be convicted therefor shall be removed from office or employment.
SECTION 61. Section 47-7-2, Mississippi Code of 1972, is amended as follows:
47-7-2. For purposes of this chapter, the following words shall have the meaning ascribed herein unless the context shall otherwise require:
(a) ""Adult""
means a person who is seventeen (17) years of age or older, or any person
convicted of any crime not subject to the provisions of the youth court law, or
any person
""certified""
to be tried as an adult by any youth court in the state.
(b) ""Board""
means the State Parole Board.
(c) ""Parole
case plan""
means an individualized, documented accountability
and behavior change strategy developed by the department in collaboration with
the parole board to prepare offenders for release on parole at the earliest parole
eligibility date. The case plan shall focus on the offender''s
criminal risk factors that, if addressed, reduce the likelihood of re-offending.
( * * *d) ""Commissioner""
means the Commissioner of
Corrections.
( * * *e) ""Correctional
system""
means the facilities, institutions, programs and personnel of the department
utilized for adult offenders who are committed to the custody of the
department.
(f) ""Criminal
risk factors"" means characteristics
that
increase a person's likelihood of reoffending and behaviors that, when
addressed or changed, affect a person's risk for
committing crimes. This termThese characteristics
includes:
antisocial behavior; antisocial personality; criminal thinking; criminal
associates; dysfunctional family; low levels of employment or education; poor
use of leisure and recreation; and substance abuse.
( * * *g) ""Department""
means the Mississippi Department of Corrections.
( * * *h) ""Detention""
means the temporary care of juveniles and adults who require secure custody for
their own or the community''s protection in a
physically restricting facility prior to adjudication, or retention in a
physically restricting facility upon being taken into custody after an alleged
parole or probation violation.
(i) ""Discharge
plan""
means an
individualized written document that provides information to support the
offender in meeting the basic needs identified in the pre-release assessment.
This information shall include, but is not limited to: contact names, phone
numbers, and addresses of referrals and resources.
(j) ""Evidence-based
practices""
means supervision policies, procedures, and practices that scientific research
demonstrates reduce recidivism.
( * * *k) ""Facility""
or ""institution""
means any facility for the custody, care, treatment and study of offenders
which is under the supervision and control of the department.
( * * *l) ""Juvenile,""
""minor""
or ""youthful""
means a person less than seventeen (17) years of age.
( * * *m) ""Offender""
means any person convicted of a crime or offense under the laws and ordinances
of the state and its political subdivisions.
(n) ""Pre-release
assessment""
means a determination of an offender''s ability to
attend to basic needs, including, but not limited to, transportation, clothing
and food, financial resources, personal identification documents, housing,
employment, education, and health care, following release.
( * * *o) ""Special
meetings""
means those meetings called by the chairman with at least twenty-four (24)
hours''
notice or a unanimous waiver of notice.
(p) ""Supervision
plan""
means a plan developed by the community corrections department to manage
offenders on probation and parole in a way that reduces the likelihood they
will commit a new criminal offense or violate the terms of supervision and that
increases the likelihood of obtaining stable housing, employment and skills
necessary to sustain positive conduct.
(q) ""Technical
violation""
means an act or omission by the probationer that violates a condition or
conditions of probation placed on the probationer by the court or the probation
officer.
(r) "Transitional re-entry center" means a state-operated or state-contracted facility used to house offenders leaving the physical custody of the Department of Corrections on parole, probation or post-release supervision who are in need of temporary housing and services that reduce their risk to reoffend.
( * * *rs) ""Unit
of local government"" means a
county, city, town, village or other general purpose political subdivision of
the state.
(st)
""Risk
and needs assessment"" means the determination
of a person's risk to reoffend use ofusing
an actuarial assessment tool validated on Mississippi corrections populationsto determine a
person's risk to reoffend and
the needs that, when addressed, reduce the risk to reoffend.
SECTION 62. The following shall be codified in Chapter 7, Title 47, Mississippi Code of 1972:
(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 commissioner 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 department to assist in this process. Based on the findings of the assessment, the commissioner shall:
(a)
Arrange transportation for inmates from the correctional facility to their
release destination (e.g. provide public transportation subsidies,
verify that release has access to transportation in some other form);
(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 driver's license or a state-issued
identification card or an identification card that can be easily
exchanged for a state-issued identification card upon releasethat is not a
Department of Corrections identification card;
(d)
Assist
inmates in Iidentifying
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 re-entry center placement places where
inmates without permanent housing can reside for at least twenty-four (24)
hours after release. Verify that bed space is available at any recommended
facility;
(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 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 Section 47-7-X.
SECTION 63. Section 47-5-28, Mississippi Code of 1972, is amended as follows:
47-5-28. The commissioner shall have the following powers and duties:
(a) To implement and administer laws and policy relating to corrections and coordinate the efforts of the department with those of the federal government and other state departments and agencies, county governments, municipal governments, and private agencies concerned with providing offender services;
(b) To establish standards, in cooperation with other state agencies having responsibility as provided by law, provide technical assistance, and exercise the requisite supervision as it relates to correctional programs over all state-supported adult correctional facilities and community-based programs;
(c) To promulgate and
publish such rules, regulations and policies of the department as are needed
for the efficient government and maintenance of all facilities and programs in
accord insofar as possible with currently accepted standards of adult offender
care and treatment * * *;
(d) To provide the Parole Board with suitable and sufficient office space and support resources and staff necessary to conducting Parole Board business under the guidance of the Chairman of the Parole Board;
(e) To contract for Transitional Re-entry Center beds that will be used as non-corrections housing for offenders released from the department on parole, probation or post-release supervision but do not have appropriate housing available upon release. At least one hundred (100) transitional re-entry center beds contracted by the department and chosen by the parole board shall be available for the parole board to place parolees without appropriate housing.
(ef)
To make an annual report to the Governor and the Legislature reflecting the
activities of the department and make recommendations for improvement of the
services to be performed by the department;
(gf)
To cooperate fully with periodic independent internal investigations of the
department and to file the report with the Governor and the Legislature;
(hg)
To perform such other duties necessary to effectively and efficiently carry out
the purposes of the department as may be directed by the Governor;.
SECTION 64. Section 45-33-41,
Mississippi Code of 1972, is amended as follows:
45-33-41. (1)
The Department of Corrections or any person having charge of a county or
municipal jail or any juvenile detention facility shall provide written
notification to an inmate or offender in the custody of the jail or other
facility due to a conviction of or adjudication for a sex offense of the
registration and notification requirements of Sections 45-33-25, 45-33-31, 45-33-32 and 45-33-59 at the time
of the inmate's or offender's confinement
and release from confinement, and shall receive a signed acknowledgment of
receipt on both occasions.
(2) At least * * * fifteen (15) days prior to the
inmate's release from confinement, the
Department of Corrections shall notify the victim of the offense or a designee
of the immediate family of the victim regarding the date when the offender's release
shall occur, provided a current address of the victim or designated family
member has been furnished in writing to the Director of Records for such
purpose.
SECTION 65. Section 47-5-173, Mississippi Code of 1972, is amended as follows:
47-5-173. The commissioner,
or his designees, may grant leave to an offender and may take into
consideration sickness or death in the offender''s
family or the seeking of employment by the offender in connection with
application for parole, for a period of time not to exceed ten (10) days. * * *
At
least fifteen (15) days prior to the release of an offender on leave, the
director of records of the department shall give the written notice required
pursuant to Section 47-5-177. However, if an offender is granted leave because
of sickness or death in the offender''s family, written
notice shall not be required but the inmate shall be accompanied by a
correctional officer or a law enforcement officer. In all other cases the
commissioner, or his designees, shall provide required security when deemed
necessary. The commissioner, or his designees, in granting leave, shall take
into consideration the conduct and work performance of the offender.
SECTION 66. Section 47-5-177, Mississippi Code of 1972, is amended as follows:
47-5-177. * * *
At
least fifteen (15) days prior to the release of an offender from the
custody of the department because of discharge, parole, pardon, temporary
personal leave or pass, or otherwise, except for sickness or death in the offender''s
family, the Director of Records of the department shall give written or
electronic notice of such release to the sheriff of the county and to
the chief of police of the municipality where the offender was convicted. If
the offender is paroled to a county other than the county of conviction, the
Director of Records shall give written or electronic notice of the release to
the sheriff, district attorney and circuit judge of the county and to the chief
of police of the municipality where the offender is paroled and to the sheriff
of the county and to the chief of police of the municipality where the offender
was convicted. The department shall notify the parole officer of the county
where the offender is paroled or discharged to probation of any chronic mental
disorder incurred by the offender, of any type of infectious disease for which
the offender has been examined and treated, and of any medications provided to
the offender for such conditions.
The commissioner shall
require the Director of Records to clearly identify the notice of release of an
offender who has been convicted of arson at any time. The fact that the
offender to be released had been convicted of arson at any time shall appear
prominently on the notice of release and the sheriff shall notify all officials
who are responsible for investigation of arson within the county of such
offender''s
release and the chief of police shall notify all such officials within the
municipality of such offender''s release.
SECTION 67. Section 47-7-5, Mississippi Code of 1972, is amended as follows:
47-7-5. (1) The State Parole Board, created under former Section 47-7-5, is hereby created, continued and reconstituted and shall be composed of five (5) members. The Governor shall appoint the members with the advice and consent of the Senate. All terms shall be at the will and pleasure of the Governor. Any vacancy shall be filled by the Governor, with the advice and consent of the Senate. The Governor shall appoint a chairman of the board.
(2) Any person who is
appointed to serve on the board shall possess at least a bachelor''s
degree or a high school diploma and four (4) years''
work experience. Each member shall devote his full time to the duties of his
office and shall not engage in any other business or profession or hold any
other public office. A member shall not receive compensation or per diem in
addition to his salary as prohibited under Section 25-3-38. Each member shall
keep such hours and workdays as required of full-time state employees under
Section 25-1-98. Individuals shall be appointed to serve on the board without
reference to their political affiliations. Each board member, including the
chairman, may be reimbursed for actual and necessary expenses as authorized by
Section 25-3-41. Each member of the board shall complete annual training
developed based on guidance from the National Institute of Corrections, the
Association of Paroling Authorities International, or the American Probation
and Parole Association. Each first-time appointee of the board shall, within
sixty (60) days of appointment, complete training for first-time parole members
developed in consideration of information from the National Institute of
Corrections, the Association of Paroling Authorities International, or the
American Probation and Parole Association.
(3) The board shall have exclusive responsibility for the granting of parole as provided by Sections 47-7-3 and 47-7-17 and shall have exclusive authority for revocation of the same. The board shall have exclusive responsibility for investigating clemency recommendations upon request of the Governor.
(4) The board, its members
and staff, shall be immune from civil liability for any official acts taken in
good faith and in exercise of the board''s
legitimate governmental authority.
(5) The budget of the board shall be funded through a separate line item within the general appropriation bill for the support and maintenance of the department. Employees of the department which are employed by or assigned to the board shall work under the guidance and supervision of the board. There shall be an executive secretary to the board who shall be responsible for all administrative and general accounting duties related to the board. The executive secretary shall keep and preserve all records and papers pertaining to the board.
(6) The board shall have no authority or responsibility for supervision of offenders granted a release for any reason, including, but not limited to, probation, parole or executive clemency or other offenders requiring the same through interstate compact agreements. The supervision shall be provided exclusively by the staff of the Division of Community Corrections of the department.
(7) (a) The Parole Board is authorized to select and place offenders in an electronic monitoring program under the conditions and criteria imposed by the Parole Board. The conditions, restrictions and requirements of Section 47-7-17 and Sections 47-5-1001 through 47-5-1015 shall apply to the Parole Board and any offender placed in an electronic monitoring program by the Parole Board.
(b) Any offender placed in an electronic monitoring program under this subsection shall pay the program fee provided in Section 47-5-1013. The program fees shall be deposited in the special fund created in Section 47-5-1007.
(c) The department shall have absolute immunity from liability for any injury resulting from a determination by the Parole Board that an offender be placed in an electronic monitoring program.
(8) (a) The Parole Board shall maintain a central registry of paroled inmates. The Parole Board shall place the following information on the registry: name, address, photograph, crime for which paroled, the date of the end of parole or flat-time date and other information deemed necessary. The Parole Board shall immediately remove information on a parolee at the end of his parole or flat-time date.
(b) When a person is placed on parole, the Parole Board shall inform the parolee of the duty to report to the parole officer any change in address ten (10) days before changing address.
(c) The Parole Board shall utilize an Internet website or other electronic means to release or publish the information.
(d) Records maintained on the registry shall be open to law enforcement agencies and the public and shall be available no later than July 1, 2003.
(9) An affirmative vote of at least four (4) members of the Parole Board shall be required to grant parole to an inmate convicted of capital murder or a sex crime.
(10) This section shall stand repealed on July 1, 2014.
SECTION 68. Section 47-7-9, Mississippi Code of 1972, is amended as follows:
47-7-9. (1) The circuit judges and county judges in the districts to which 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.
(2) (a) Division personnel
shall investigate all cases referred to them for investigation by the 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) Division personnel 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) The division personnel 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 division
personnel supervising offenders in the community (hereinafter field supervisor)
shall not exceed the number of cases that may be adequately handled.
(3) (a) Division personnel
shall be provided to perform investigation for the court as provided in this
subsection. Division personnel 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. Division
personnel 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 department on July 1, 1976, 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 division upon all offenders in the custody of
the department on July 1, 1976. 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 department is authorized to accept gifts, grants and subsidies to conduct this activity.
SECTION 69. The following shall be codified in Chapter 7, Title 47, Mississippi Code of 1972:
(1) The department 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 commissioner shall 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. Field officers 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 field officer
shall take into account the offender''s assessed risk
level, previous violations and sanctions, and severity of the current and prior
violations.
(4) Field 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 field officer 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 X of this act.
(7) The Department of Corrections shall provide semi-annually to 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 Section (4)(f) imposed during the year.
SECTION 70. The following shall be codified in Chapter 7, Title 47, Mississippi Code of 1972:
(1) The commissioner shall establish rules and regulations for implementing the earned discharge program that allows offenders on probation and parole to reduce the period of supervision for complying with conditions of probation. The department shall have the authority to award earned discharge credits to all offenders placed on probation, parole, or post-release supervision who are in compliance with the terms and conditions of supervision.
(a) 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.
(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 offenders sentence discharge date established in this act. 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 months, an offender who is serving a sentence eligible for earned discharge credits shall be notified of the current sentence discharge date.
(5) Once the combination of time served on probation, parole or post-release supervision, and earned discharge credits satisfy the term of probation, parole, or post-release supervision, the board or sentencing court shall order final discharge of the offender. No less than sixty (60) days prior to the date of final discharge, the department shall notify the sentencing court and the board of the impending discharge.
(6) The department shall provide semi-annually to the oversight task force the number and percentage of offenders who qualify for earned discharge in one or more months of the year and the average amount of credits earned within the year.
SECTION 71. 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 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, 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 a
technical violation 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 technical violation and not to exceed one
hundred twenty (120) days for the second technical violation. For the third
technical violation, the board may impose a period of imprisonment to be served
in a technical violation center for up to one hundred and eighty (180) days or
the board may impose the remainder of the suspended portion of the sentence.
For the fourth and any subsequent technical violation, 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 21-daytwenty-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 a technical
violation 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 technical violation and not to exceed one hundred twenty
(120) days for the second technical violation. For the third technical
violation, 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 technical violation, 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 a technical violation 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 a technical violation 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 technical violation and not to exceed one hundred twenty (120) days for the second technical violation. For the third technical violation, 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 technical violation, 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 90-dayninety-day
sentences in a technical violation center issued by the board, the number of
one hundred twenty (120) day sentences in a technical violation center issued
by the board, the number of 180-one hundred eighty (180) 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 72. 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 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 department. The maximum amount of time that the Mississippi Department of Corrections may supervise an offender on the post-release supervision program is five (5) years.
SECTION 73. 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.
(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 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 department 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 a technical violation, the court shall impose a
period of imprisonment to be served in a technical violation center not to
exceed ninety (90) days for the first technical violation and not to exceed one
hundred twenty (120) days for the second technical violation. For the third
technical violation, the court may impose a period of imprisonment to be served
in a technical violation 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 technical violation, 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 a technical violation, the court shall impose a period of imprisonment to be served in a technical violation center not to exceed ninety (90) days for the first technical violation and not to exceed one hundred twenty (120) days for the second technical violation. For the third technical violation, the court may impose a period of imprisonment to be served in a technical violation 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 technical violation, 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 21-day timeframe, 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 a technical violation, the court 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 technical violation and not to exceed one hundred twenty (120) days for the second technical violation. For the third technical violation, the court may impose a period of imprisonment to be served in a technical violation center for up to one hundred and eighty (180) days or the court may impose the remainder of the suspended portion of the sentence. For the fourth and any subsequent technical violation, 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 a technical violation the court 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 technical violation and not to exceed one hundred twenty (120) days for the second technical violation. For the third technical violation, the court may impose a period of imprisonment to be served in a technical violation 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 technical violation, 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.
(7) 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.
(8) 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.
(9) 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.
(10) 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.
(11) 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.
(12) The Department of Corrections 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 90-day sentences in a technical violation center issued by the court, the number of 120-day sentences in a technical violation center issued by the court, the number of 180-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 74. Section 47-5-901, Mississippi Code of 1972, is amended as follows:
47-5-901. (1) Any person committed, sentenced or otherwise placed under the custody of the Department of Corrections, on order of the sentencing court and subject to the other conditions of this subsection, may serve all or any part of his sentence in the county jail of the county wherein such person was convicted if the Commissioner of Corrections determines that physical space is not available for confinement of such person in the state correctional institutions. Such determination shall be promptly made by the Department of Corrections upon receipt of notice of the conviction of such person. The commissioner shall certify in writing that space is not available to the sheriff or other officer having custody of the person. Any person serving his sentence in a county jail shall be classified in accordance with Section 47-5-905.
(2) If state prisoners are housed in county jails due to a lack of capacity at state correctional institutions, the Department of Corrections shall determine the cost for food and medical attention for such prisoners. The cost of feeding and housing offenders confined in such county jails shall be based on actual costs or contract price per prisoner. In order to maximize the potential use of county jail space, the Department of Corrections is encouraged to negotiate a reasonable per day cost per prisoner, which in no event may exceed Twenty Dollars ($20.00) per day per offender.
(3) (a) Upon vouchers submitted by the board of supervisors of any county housing persons due to lack of space at state institutions or due to practical considerations such as location or scheduling related to pending hearings, the Department of Corrections shall pay to such county, out of any available funds, the actual cost of food, or contract price per prisoner, not to exceed Twenty Dollars ($20.00) per day per offender, as determined under subsection (2) of this section for each day an offender is so confined beginning the day that the Department of Corrections receives a certified copy of the sentencing order and will terminate on the date on which the offender is released or otherwise removed from the custody of the county jail. The department, or its contracted medical provider, will pay to a provider of a medical service for any and all incarcerated persons from a correctional or detention facility an amount based upon negotiated fees as agreed to by the medical care service providers and the department and/or its contracted medical provider. In the absence of negotiated discounted fee schedule, medical care service providers will be paid by the department, or its contracted medical service provider, an amount no greater than the reimbursement rate applicable based on the Mississippi Medicaid reimbursement rate. The board of supervisors of any county shall not be liable for any cost associated with medical attention for prisoners who are pretrial detainees or for prisoners who have been convicted that exceeds the Mississippi Medicaid reimbursement rate or the reimbursement provided by the Department of Corrections, whichever is greater. This limitation applies to all medical care services, durable and nondurable goods, prescription drugs and medications. Such payment shall be placed in the county general fund and shall be expended only for food and medical attention for such persons.
(b) Upon vouchers
submitted by the board of supervisors of any county housing offenders in county
jails pending a probation or parole revocation hearing, the department shall
pay * * * the reimbursement costs provided in paragraph (a).
(c) If the probation
or parole of an offender is revoked, the additional cost of housing the
offender pending the revocation hearing shall be assessed as part of the
offender''s
court cost and shall be remitted to the department.
(4) A person, on order of the sentencing court, may serve not more than twenty-four (24) months of his sentence in a county jail if the person is classified in accordance with Section 47-5-905 and the county jail is an approved county jail for housing state inmates under federal court order. The sheriff of the county shall have the right to petition the Commissioner of Corrections to remove the inmate from the county jail. The county shall be reimbursed in accordance with subsection (2).
(5) The Attorney General of the State of Mississippi shall defend the employees of the Department of Corrections and officials and employees of political subdivisions against any action brought by any person who was committed to a county jail under the provisions of this section.
(6) This section does not create in the Department of Corrections, or its employees or agents, any new liability, express or implied, nor shall it create in the Department of Corrections any administrative authority or responsibility for the construction, funding, administration or operation of county or other local jails or other places of confinement which are not staffed and operated on a full-time basis by the Department of Corrections. The correctional system under the jurisdiction of the Department of Corrections shall include only those facilities fully staffed by the Department of Corrections and operated by it on a full-time basis.
(7) An offender returned to a county for post-conviction proceedings shall be subject to the provisions of Section 99-19-42 and the county shall not receive the per day allotment for such offender after the time prescribed for returning the offender to the Department of Corrections as provided in Section 99-19-42.
SECTION 75. Section 47-5-911, Mississippi Code of 1972, is amended as follows:
47-5-911. Sections 47-5-901
through 47-5-911 shall stand repealed on July 1, * * * 2016.
SECTION 76. The following shall be codified in Chapter 7, of Title 47, Mississippi Code of 1972:
(1) The Department of Corrections shall establish technical violation centers to detain probation and parole violators revoked by the court or parole board.
(2) The department shall place an offender in a violation center for a technical violation as ordered by the board pursuant to Section 47-7-27 and the sentencing court pursuant to Section 47-7-37.
(3) The violation centers
shall be equipped to address the underlying factors that led to the offender''s
violation as identified based on the results of a risk and needs assessment.
At a minimum each violation center shall include substance abuse services shown
to reduce recidivism and a reduction in the use of illicit substances or
alcohol, education programs, employment preparation and training programs and
behavioral programs.
(4) As required by Section
47-5-20(b), the department shall notify, by certified mail, each member of the
board of supervisors of the county in which the violation center shall be
located of the department''s intent to
convert an existing department facility to a technical violation center.
(5) The department shall establish rules and regulations for the implementation and operation of the technical violation centers.
(6) The Department of Corrections shall provide to the Oversight Task Force semiannually the average daily population of the technical violation centers, the number of admissions to the technical violation centers, and the average time served in the technical violation centers.
SECTION 77. Section 47-5-10, Mississippi Code of 1972, is amended as follows:
47-5-10. The department shall have the following powers and duties:
(a) To accept adult offenders committed to it by the courts of this state for incarceration, care, custody, treatment and rehabilitation;
(b) To provide for the care, custody, study, training, supervision and treatment of adult offenders committed to the department;
(c) To maintain, administer and exercise executive and administrative supervision over all state correctional institutions and facilities used for the custody, training, care, treatment and after-care supervision of adult offenders committed to the department; provided, however, that such supervision shall not extend to any institution or facility for which executive and administrative supervision has been provided by law through another agency;
(d) To plan, develop and coordinate a statewide, comprehensive correctional program designed to train and rehabilitate offenders in order to prevent, control and retard recidivism;
(e) To maintain records of persons committed to it, and to establish programs of research, statistics and planning:
(i) An offender''s
records shall include a single cover sheet that contains the following
information about the offender: name, including any aliases; department inmate
number; social security number; photograph; court of conviction; cause number;
date of conviction; date of sentence; total number of days in the department''s
custody or number of days creditable toward time served on each charge; date of
actual custody; and date of any revocation of a suspended sentence;
(ii) The
department shall maintain an offender''s cover sheet in
the course of its regularly conducted business activities and shall include an
offender''s
cover sheet in each request from a court, prosecutor or law enforcement agency
for a summary of an offender''s records with the
department, also known as a ""pen-pack.""
The cover sheet shall conform to Rules 803(6) and 803(8) of the Mississippi
Rules of Evidence for admission as an exception to the hearsay rule and may be
admissible when properly authenticated according to evidentiary rules and when
offered for the purpose of enhanced sentencing under Section 41-29-147, 99-19-81
or 99-19-83 or other similar purposes; and
(iii) This
subsection is not intended to conflict with an offender''s
right of confrontation in criminal proceedings under the state or federal
constitution;
(f) To investigate the grievances of any person committed to the department, and to inquire into any alleged misconduct by employees; and for this purpose it may issue subpoenas and compel the attendance of witnesses and the production of writings and papers, and may examine under oath any witnesses who may appear before it;
(g) To administer programs of training and development of personnel of the department;
(h) To develop and implement diversified programs and facilities to promote, enhance, provide and assure the opportunities for the successful custody, training and treatment of adult offenders properly committed to the department or confined in any facility under its control. Such programs and facilities may include but not be limited to institutions, group homes, halfway houses, diagnostic centers, work and educational release centers, technical violation centers, restitution centers, counseling and supervision of probation, parole, suspension and compact cases, presentence investigating and other state and local community-based programs and facilities;
(i) To receive, hold and use, as a corporate body, any real, personal and mixed property donated to the department, and any other corporate authority as shall be necessary for the operation of any facility at present or hereafter;
(j) To provide those personnel, facilities, programs and services the department shall find necessary in the operation of a modern correctional system for the custody, care, study and treatment of adult offenders placed under its jurisdiction by the courts and other agencies in accordance with law;
(k) To develop the capacity and administrative network necessary to deliver advisory consultation and technical assistance to units of local government for the purpose of assisting them in developing model local correctional programs for adult offenders;
(l) To cooperate with other departments and agencies and with local communities for the development of standards and programs for better correctional services in this state;
(m) To administer all monies and properties of the department;
(n) To report annually to the Legislature and the Governor on the committed persons, institutions and programs of the department;
(o) To cooperate with the courts and with public and private agencies and officials to assist in attaining the purposes of this chapter and Chapter 7 of this title. The department may enter into agreements and contracts with other departments of federal, state or local government and with private agencies concerning the discharge of its responsibilities or theirs. The department shall have the authority to accept and expend or use gifts, grants and subsidies from public and private sources;
(p) To make all rules and regulations and exercise all powers and duties vested by law in the department;
(q) The department may require a search of all persons entering the grounds and facilities at the correctional system;
(r) To submit, in a timely manner, to the Oversight Task Force established in Section 76 of this act any reports required by law or regulation or requested by the committee.
( * * *s) To discharge any other power or
duty imposed or established by law.
SECTION 78. Section 47-5-26, Mississippi Code of 1972, is amended as follows:
47-5-26. (1) The commissioner shall employ the following personnel:
(a) A Deputy
Commissioner for Administration and Finance, who shall supervise and implement
all fiscal policies and programs within the department, supervise and implement
all hiring and personnel matters within the department, supervise the
department''s
personnel director, supervise and implement all purchasing within the
department and supervise and implement all data processing activities within
the department, and who shall serve as the Chief Executive Officer of the
Division of Administration and Finance. He shall possess either:
(i) A master''s
degree from an accredited four-year college or university in public or business
administration, accounting, economics or a directly related field, and four (4)
years of experience in work related to the above-described duties, one (1) year
of which must have included line or functional supervision; or
(ii) A bachelor''s
degree from an accredited four-year college or university in public or business
administration, accounting, economics or a directly related field, and six (6)
years of experience in work related to the above-described duties, one (1) year
of which must have included line or functional supervision. Certification by
the State of Mississippi as a certified public accountant may be substituted
for one (1) year of the required experience.
(b) A Deputy
Commissioner for Community Corrections, who shall initiate and administer
programs, including, but not limited to, supervision of probationers, parolees
and suspensioners, counseling, community-based treatment, interstate compact
administration and enforcement, prevention programs, halfway houses and group
homes, technical violation centers, restitution centers, presentence
investigations, and work and educational releases, and shall serve as the Chief
Executive Officer of the Division of Community Services. The Deputy
Commissioner for Community Corrections is charged with full and complete
cooperation with the State Parole Board and shall make monthly reports to the
Chairman of the Parole Board in the form and type required by the chairman, in
his discretion, for the proper performance of the probation and parole
functions. After a plea or verdict of guilty to a felony is entered against a
person and before he is sentenced, the Deputy Commissioner for Community
Corrections shall procure from any available source and shall file in the
presentence records any information regarding any criminal history of the
person such as fingerprints, dates of arrests, complaints, civil and criminal
charges, investigative reports of arresting and prosecuting agencies, reports
of the National Crime Information Center, the nature and character of each
offense, noting all particular circumstances thereof and any similar data about
the person. The Deputy Commissioner for Community Corrections shall keep an accurate
and complete duplicate record of this file and shall furnish the duplicate to
the department. This file shall be placed in and shall constitute a part of
the inmate''s
master file. The Deputy Commissioner for Community Corrections shall furnish
this file to the State Parole Board when the file is needed in the course of
its official duties. He shall possess either: (i) a master''s
degree in counseling, corrections psychology, guidance, social work, criminal
justice or some related field and at least four (4) years''
full-time experience in such field, including at least one (1) year of
supervisory experience; or (ii) a bachelor''s
degree in a field described in subparagraph (i) of this paragraph and at least
six (6) years'' full-time work in
corrections, one (1) year of which shall have been at the supervisory level.
(c) A Deputy
Commissioner for Institutions, who shall administer institutions, reception and
diagnostic centers, prerelease centers and other facilities and programs
provided therein, and shall serve as the Chief Executive Officer of the
Division of Institutions. He shall possess either: (i) a master''s
degree in counseling, criminal justice, psychology, guidance, social work,
business or some related field, and at least four (4) years''
full-time experience in corrections, including at least one (1) year of
correctional management experience; or (ii) a bachelor''s
degree in a field described in subparagraph (i) of this paragraph and at least
six (6) years'' full-time work in
corrections, four (4) years of which shall have been at the correctional
management level.
(2) The commissioner shall employ an administrative assistant for parole matters, who shall be an employee of the department assigned to the State Parole Board and who shall work under the guidance and supervision of the board.
(3) The administrative assistant for parole matters shall receive an annual salary to be established by the Legislature. The salaries of department employees not established by the Legislature shall receive an annual salary established by the State Personnel Board.
(4) The commissioner shall employ a superintendent for the Parchman facility, Central Mississippi Correctional Facility and South Mississippi Correctional Institution of the Department of Corrections. The Superintendent of the Mississippi State Penitentiary shall reside on the grounds of the Parchman facility. Each superintendent shall appoint an officer in charge when he is absent.
Each superintendent shall develop and implement a plan for the prevention and control of an inmate riot and shall file a report with the Chairman of the Senate Corrections Committee and the Chairman of the House Penitentiary Committee on the first day of each regular session of the Legislature regarding the status of the plan.
In order that the grievances and complaints of inmates, employees and visitors at each facility may be heard in a timely and orderly manner, each superintendent shall appoint or designate an employee at the facility to hear grievances and complaints and to report grievances and complaints to the superintendent. Each superintendent shall institute procedures as are necessary to provide confidentiality to those who file grievances and complaints.
SECTION 79. (1)
As used in this section, ""fiscal impact
statement""
means the estimated dollar cost to the state for the first year and the annual
cost thereafter. The term ""ten-year
fiscal impact statement"" means the
estimated dollar cost to the state over the ten-year period following passage
or adoption of the subject of the fiscal impact statement.
(2) Whenever legislation is introduced in the Legislature, which would establish a new criminal offense or would amend the sentencing provisions of an existing criminal offense, the principal author shall affix a fiscal impact statement and a ten-year fiscal impact statement of the proposed legislation. The Office of Budget and Fund Management shall assist the principal author in preparing the fiscal impact statement.
(3) If the fiscal impact statement is not affixed to the legislation at the time of introduction, the Office of Budget and Fund Management shall deliver the fiscal impact statement to the Senate or House of Representatives committee to which the legislation is referred within thirty (30) calendar days of introduction.
(4) The committee shall not take action on the legislation until it has received the fiscal impact statement and the ten-year fiscal impact statement.
(5) If the legislation is reported out of the committee, the committee shall attach the fiscal impact statement and the ten-year fiscal impact statement to the legislation. If the legislation has been amended, the committee shall request a revised fiscal impact statement and the ten-year fiscal impact statement from the Office of Budget and Fund Management, and shall attach the revised documents to the legislation.
(6) State agencies and political subdivisions shall cooperate with the Office of Budget and Fund Management in preparing fiscal impact statements and the ten-year fiscal impact statements. Such agencies and political subdivisions shall submit requested information to the Office of Budget and Fund Management in a timely fashion.
(7) In preparing fiscal impact statements and the ten-year fiscal impact statements, the Office of Budget and Fund Management must accurately report to the Legislature information provided to the Office of Budget and Fund Management by state agencies and political subdivisions.
(8) The Office of Budget and Fund Management may request information from nongovernmental agencies and organizations to assist in preparing the fiscal impact statement and the ten-year fiscal impact statement.
SECTION 80. (1) Semi-annually, the circuit clerks of each county, the municipal court clerks of each municipality, and the Justice Court clerks of each county shall report to the Administrative Office of the Court the following information:
(a) Individual misdemeanor and felony case records by offense, from the circuit clerk for all circuit and county court criminal proceedings, and from the municipal and justice court clerks for all misdemeanors, electronically when available, containing the date on which the criminal charges were filed, charge code and name of indicted offenses, count number of indicted offenses, the disposition of the charges, date disposed, date sentenced, charge code and name of sentenced offenses, and sentence length.
(b) Data should be kept individually by case number and misdemeanor charges or indicted felony offense, and include, for criminal docket purposes, demographic information necessary for tracking individuals across multiple databases should be collected, including date of birth, city and state of residence, race, and gender.
(2) The Administrative Office of the Courts shall be empowered to establish a uniform reporting format for all court clerks described in subsection (1) of this section. Such reporting format shall emphasize the need for reporting information in a sortable, electronic format. All clerks who submit required information in other formats shall report to the Administrative Office of the Courts a schedule for conversion to technology to enable the reporting of all required data in a sortable, electronic format.
(3) Semi-annual reports shall be made to the Administrative Office of the Courts by December 31, 2014 or as soon thereafter as practicable, and every year thereafter, and on June 30, 2015, or as soon thereafter as practicable, and every year thereafter. On August 1, 2015, and each year thereafter, the Administrative Office of the Court shall provide to PEER sortable, electronic copies of all reports required by this section.
(4) The Administrative Office of the Courts shall share the information required under this section with the Oversight Task Force.
SECTION 81. (1) The Mississippi Department of Corrections shall collect the following information:
(a) Prison data shall include:
(i) The number of offenders entering prison on a new offense;
(ii) The number of offenders entering prison as a revocation of supervision;
(iii) The average sentence length for new prison sentences by offense type;
(iv)_ The average sentence length for offenders entering prison for a probation revocation;
(v) The average sentence length for offenders entering prison for a parole revocation;
(vi) The average percentage of prison sentence served in prison by offense type;
(vii) The average length of stay by offense type;
(viii) Recidivism rates. For the purposes of this report, "recidivism" means conviction of a new felony offense within three (3) years of release from prison;
1. Recidivism rates by offense type;
2. Recidivism rates by risk level;
(ix) Total prison population;
1. By offense type;
2. By type of admission into prison.
(b) Probation data shall include:
(i) The number of offenders supervised on probation;
(ii) The number of offenders placed on probation;
(iii) The number of probationers revoked for a technical violation and sentenced to a term of imprisonment in a technical violation center;
(iv) The number of probationers revoked for a technical violation and sentenced to a term of imprisonment in another type of department of correction;
(v) The number of probationers who are convicted of a new felony offense and sentenced to a term of imprisonment;
(vi) The number of probationers held on a violation in a county jail awaiting a revocation hearing; and
(vii) The average length of stay in a county jail for probationers awaiting a revocation hearing.
(c) Post-release supervision data shall include:
(i) The number of offenders supervised on post release supervision;
(ii) The number of offenders placed on post release supervision;
(iii) The number of post release probationers revoked for a technical violation and sentenced to a term of imprisonment in a technical violation center;
(iv) The number of post release probationers revoked for a technical violation and sentenced to a term of imprisonment in another type of department of correction facility;
(v) The number of post release probationers who are convicted of a new felony offense and sentenced to a term of imprisonment;
(vi) The number of post release probationers held on a violation in a county jail awaiting a revocation hearing; and
(vii) The average length of stay in a county jail for post release probationers awaiting a revocation hearing.
(2) The Department of Corrections shall semiannually report information required in subsection (1) of this section to the Oversight Task Force, and upon request, shall report the information to the PEER Committee.
SECTION 82. (1) The Parole Board, with the assistance of the Department of Corrections, shall collect the following information:
(a) The number of offenders supervised on parole;
(b) The number of offenders released on parole;
(c) The number of parole hearings held;
(d) The parole grant rate for parolees released with and without a hearing;
(e) The average length of time offenders spend on parole;
(f) The number and percentage of parolees revoked for a technical violation and returned for a term of imprisonment in a technical violation center;
(g) The number and percentage of parolees revoked for a technical violation and returned for a term of imprisonment in another type of department of correction facility;
(h) The number and percentage of parolees who are convicted of a new offense and returned for a term of imprisonment on their current crime as well as the new crime;
(i) The number of parolees held on a violation in county jail awaiting a revocation hearing; and
(j) The average length of stay in county jail for parolees awaiting a revocation hearing.
(2) The Parole Board shall semiannually report information required in subsection (1) to the Oversight Task Force, and upon request, shall report such information to the PEER Committee.
SECTION 83. (1)
There is hereby established a committee to be known as the Corrections and
Criminal Justice Oversight Force, hereinafter called the oOversight
tTask
fForce,
which must exercise the powers and fulfill the duties described in this
chapter.
(2) The Oversight Task
Force shall
be composed of thirteen (13)the following members:
the Lieutenant Governor shall appoint two (2) members of the Senate, one from
each political party; the Speaker of the House shall appoint two (2) members of
the House, one from each political party; the commissioner or his designee; the
Chief Justice shall appoint one (1) member of the circuit court; and the
Governor shall appoint one (1) member from the Parole Board, and
one (1) member from the Joint Legislative Committee on Performance Evaluation
and Expenditure Review, and one (1) member representing the victims' community.
The Association of Supervisors shall appoint one (1) person to represent the
association, the District Attorney''s Association
shall appoint one (1) person to represent the association, the Sheriffs''
Association shall appoint one (1) person to represent the association and the
Office of the State Public Defender shall appoint one (1) person to represent
the public defenders'' office.
(3) The oversight committee task force shall
meet as soon as practicable after appointment and organize itself by electing
one of its members as chair and such other officers as the oversight committee
may consider necessary. Thereafter, the oversight committee shall meet at
least biannually and at the call of the chair or by a majority of the members.
A quorum consists of five (5)seven members.
(4) The Oversight Committeetask force
shall have the following powers and duties:
(a) Track and assess outcomes from the recommendations in the Corrections and Criminal Justice Task Force report of December 2013;
(b)
Prepare and submit an annual report no later
than the first day of the second full week of each regular session of the
Legislature on the outcome and performance measures to the Legislature,
Governor,
and Chief Justice. The report shall include recommendations for improvements, recommendations on transfers of funding based on the
success or failure of implementation of the recommendations, and a
summary of savings. The report may also present additional
recommendations to the Legislature on future legislation and policy options to
enhance public safety and control corrections costs;
(c) Monitor compliance with sentencing standards, assess their impact on the correctional resources of the state and determine if the standards advance the adopted sentencing policy goals of the state;
(d) Review the classifications of crimes and sentences and make recommendations for change when supported by information that change is advisable to further the adopted sentencing policy goals of the state;
(e) Develop a research and analysis system to determine the feasibility, impact on resources, and budget consequences of any proposed or existing legislation affecting sentence length;
(f) (i) The Oversight Task Force shall rRequest,
review, and receive data and reports on performance outcome measures as related
to this act, which shall include, but are not limited to, the
Administrative Office of Courts that shall report semiannually to the Oversight
Task Force individual misdemeanor and felony case records by offense, from the
circuit clerk for all circuit and county court criminal proceedings, and from
the municipal and justice court clerks for all misdemeanors, electronically
when available, containing the date on which the criminal charges were filed, charge
code and name of indicted offenses, count number of indicted offenses, the
disposition of the charges, date disposed, date sentenced, charge code and name
of sentenced offenses, and sentence length. Data should be kept individually
by case number and misdemeanor charges or indicted felony offense, and include,
for criminal docket purposes, demographic information necessary for tracking
individuals across multiple databases should be collected, including date of
birth, city and state of residence, race, and gender.
(ii) The Mississippi Department of
Corrections shall report semiannually to the Oversight Task Force:
1. Prison data shall include:
a. The number of
offenders entering prison on a new offense;
b. The number of offenders
entering prison as a revocation of supervision;
c. The average sentence
length for new prison sentences by offense type;
d. The average sentence
length for offenders entering prison for a probation revocation;
e. The average sentence
length for offenders entering prison for a parole revocation;
f. The average percentage
of prison sentence served in prison by offense type;
g. The average length of
stay by offense type;
h. Recidivism rates. For
the purposes of this report, 'recidivism' means
conviction of a new felony offense within three (3) years of release from
prison;
A. Recidivism rates
by offense type;
B. Recidivism rates
by risk level;
i. Total prison
population;
A. By offense type;
B. By type of
admission into prison.
2. Probation data shall
include:
a. The number of
offenders supervised on probation;
b. The number of
offenders placed on probation;
c. The number of
probationers revoked for a technical violation and sentenced to a term of
imprisonment in a technical violation center;
d. The number of
probationers revoked for a technical violation and sentenced to a term of
imprisonment in another type of department of correction;
e. The number of probationers
who are convicted of a new felony offense and sentenced to a term of
imprisonment;
f. The number of
probationers held on a violation in a county jail awaiting a revocation
hearing; and
g. The average length of
stay in a county jail for probationers awaiting a revocation hearing.
3. Post release supervision
shall include:
a. The number of
offenders supervised on post release supervision;
b. The number of
offenders placed on post release supervision;
c. The number of post
release probationers revoked for a technical violation and sentenced to a term
of imprisonment in a technical violation center;
d. The number of post
release probationers revoked for a technical violation and sentenced to a term
of imprisonment in another type of department of correction facility;
e. The number of post
release probationers who are convicted of a new felony offense and sentenced to
a term of imprisonment;
f. The number of post
release probationers held on a violation in a county jail awaiting a revocation
hearing; and
g. The average length of
stay in a county jail for post release probationers awaiting a revocation
hearing.
(iii) The Parole Board shall report
semiannually to the Oversight Task Force:
1.
The number of offenders supervised on parole;
2.
The number of offenders released on parole;
3.
The number of parole hearings held;
4.
The parole grant rate for parolees released with and without a hearing;
5. The average length of time
offenders spend on parole;
6.
The number and percentage of parolees revoked for a technical violation and
returned for a term of imprisonment in a technical violation center;
7.
The number and percentage of parolees revoked for a technical violation and
returned for a term of imprisonment in another type of department of correction
facility;
8.
The number and percentage of parolees who are convicted of a new offense and
returned for a term of imprisonment on their current crime as well as the new
crime;
9.
The number of parolees held on a violation in county jail awaiting a revocation
hearing; and
10.
The average length of stay in county jail for parolees awaiting a revocation
hearing.
(g) To undertake such additional studies or evaluations as the Oversight Task Force considers necessary to provide sentencing reform information and analysis.
(h) Prepare and conduct annual continuing legal education seminars regarding the sentencing guidelines to be presented to judges, prosecuting attorneys and their deputies, and public defenders and their deputies, as so required.
(i) The Oversight Task Force shall use clerical and
professional employees of the General AssemblyDepartment of Corrections
for its staff, who shall be made available to the oversight
committee.
(j) The Oversight Task Force may employ or retain other
professional staff, upon the determination of the necessity for other staff by the
oversight committee.
(k) The Oversight Task Force may employ consultants to assist in the evaluations and, when necessary, the implementation of the recommendations of the Corrections and Criminal Justice Task Force report of December 2013.
(l) The Oversight Task Force is encouraged to apply for and may expend grants, gifts, or federal funds it receives from other sources to carry out its duties and responsibilities.
SECTION 84. Section 9-7-122, Mississippi Code of 1972, is amended as follows:
9-7-122. (1) Except as otherwise provided herein, no circuit clerk elected for a full term of office commencing on or after January 1, 1996, shall exercise any functions of office or be eligible to take the oath of office unless and until the circuit clerk has filed in the office of the chancery clerk a certificate of completion of a course of training and education conducted by the Mississippi Judicial College of the University of Mississippi Law Center within six (6) months of the beginning of the term for which such circuit clerk is elected. A circuit clerk who has completed the course of training and education and has satisfied his annual continuing education course requirements, and who is then elected for a succeeding term of office subsequent to the initial term for which he completed the training course, shall not be required to repeat the training and education course upon reelection. A circuit clerk that has served either a full term of office or part of a term of office before January 1, 1996, shall be exempt from the requirements of this subsection.
(2) In addition to meeting the requirements of subsection (1) of this section, after taking office by election or otherwise, each circuit clerk shall be required to file annually in the office of the chancery clerk a certificate of completion of a course of continuing education conducted by the Mississippi Judicial College. No circuit clerk shall have to comply with this subsection unless he will have been in office for five (5) months or more during a calendar year.
(3) Each circuit clerk elected for a term commencing on or after January 1, 1992, shall be required to file annually the certificate required in subsection (2) of this action commencing January l, 1993.
(4) The requirements for obtaining the certificates in this section shall be as provided in subsection (6) of this section.
(5) Upon the failure of any circuit clerk to file with the chancery clerk the certificates of completion as provided in this section, such circuit clerk shall, in addition to any other fine or punishment provided by law for such conduct, not be entitled to any fee, compensation or salary, from any source, for services rendered as circuit clerk, for the period of time during which such certificate remains unfiled.
(6) The Mississippi Judicial College of the University of Mississippi Law Center shall prepare and conduct courses of training for basic and continuing education for circuit clerks of this state. The basic course of training shall be known as the "Circuit Clerks Training Course" and shall consist of at least thirty-two (32) hours of training. The continuing education course shall be known as the "Continuing Education Course for Circuit Clerks" and shall consist of at least eighteen (18) hours of training. The content of the basic and continuing education courses and when and where such courses are to be conducted shall be determined by the judicial college. The judicial college shall issue certificates of completion to those circuit clerks who complete such courses.
(7) The expenses of the training, including training of those elected as circuit clerk who have not yet begun their term of office, shall be borne as an expense of the office of the circuit clerk.
(8) Circuit clerks shall be allowed credit toward their continuing education course requirements for attendance at circuit court proceedings if the presiding circuit court judge certifies that the circuit clerk was in actual attendance at a term or terms of court; provided, however, that at least twelve (12) hours per year of the continuing education course requirements must be completed at a regularly established program or programs conducted by the Mississippi Judicial College.
(9) By August 1, 2015, and each year thereafter, the Administrative Office of the Courts shall certify to the Mississippi Judicial College the names of all circuit clerks who have failed to provide the information required by Section 2 of this act. The Judicial College shall not issue a certificate of continuing education required by subsection (2) of this section to any such clerk, and shall report to the State Auditor, and the Board of Supervisors of the county the clerk is elected from that the clerk shall not be entitled to receive the compensation set out in subsection (5) of this section. A clerk may be certified after coming into compliance with the requirements of section 2 of this act.
SECTION 85. Section 9-11-27, Mississippi Code of 1972, is amended as follows:
9-11-27. (1) The board of supervisors of each county shall, at its own expense, appoint one (1) person to serve as clerk of the justice court system of the county, and may appoint such other employees for the justice court of the county as it deems necessary, including a person or persons to serve as deputy clerk or deputy clerks. The board of supervisors of each county with two (2) judicial districts may, at its own expense, appoint two (2) persons to serve as clerks of the justice court system of the county, one (1) for each judicial district, and may appoint such other employees for the justice court system of the county as it deems necessary including persons to serve as deputy clerks. The clerk and deputy clerks shall be empowered to file and record actions and pleadings, to receive and receipt for monies, to acknowledge affidavits, to issue warrants in criminal cases upon direction by a justice court judge in the county, to approve the sufficiency of bonds in civil and criminal cases, to certify and issue copies of all records, documents and pleadings filed in the justice court and to issue all process necessary for the operation of the justice court. The clerk or deputy clerks may refuse to accept a personal check in payment of any fine or cost or to satisfy any other payment required to be made to the justice court. All orders from the justice court judge to the clerk of the justice court shall be written. All cases, civil and criminal, shall be assigned by the clerk to the justice court judges of the county in the manner provided in Section 11-9-105 and Section 99-33-2. A deputy clerk who works in an office separate from the clerk and who is the head deputy clerk of the separate office may be designated to be trained as a clerk as provided in Section 9-11-29.
(2) By August 1 of 2015, and each year thereafter, the Administrative Office of the Court shall report the names of all justice court clerks who have failed to comply with the reporting requirements of Section 2 of this act to the Boards of Supervisors that selected them. Each clerk shall be given three (3) months from the date on which the board was given notice to come into compliance with the requirements of Section 2 of this act. The Administrative Office of the Courts shall notify the Board of Supervisors of any justice court clerk who fails to come into compliance after the three-month notice required in this subsection. Any non-compliant clerks shall be terminated for failure to comply with the Section 2 reporting requirement.
SECTION 86. Section 21-23-12, Mississippi Code of 1972, is amended as follows:
21-23-12. (1) Every person appointed as clerk of the municipal court shall be required annually to attend and complete a comprehensive course of training and education conducted or approved by the Mississippi Judicial College of the University of Mississippi Law Center. Attendance shall be required beginning with the first training seminar conducted after said clerk is appointed.
(2) The Mississippi Judicial College of the University of Mississippi Law Center shall prepare and conduct a course of training and education for municipal court clerks of the state. The course shall consist of at least twelve (12) hours of training per year. After completion of the first year's requirement, a maximum of six (6) hours training, over and above the required twelve (12) hours, may be carried forward from the previous year. The content of the course of training and when and where it is to be conducted shall be determined by the Judicial College. A certificate of completion shall be furnished to those municipal court clerks who complete such course, and each certificate shall be made a permanent record of the minutes of the board of aldermen or city council in the municipality from which the municipal clerk is appointed.
(3) Upon the failure of any person appointed as clerk of the municipal court to file the certificate of completion as provided in subsection (2) of this section, within the first year of appointment, such person shall then not be allowed to carry out any of the duties of the office of clerk of the municipal court and shall not be entitled to compensation for the period of time during which such certificate remains unfiled.
(4) After August 1, 2015, and each year thereafter, the Administrative Office of the Courts shall notify the Judicial College of the name of any municipal court clerk who has not complied with the requirements of Section 2 of this bill. The Mississippi Judicial College shall not provide such clerk with a certificate of completion of course work until such time that the Administrative Office of the Courts has reported that the Clerk is in compliance with the requirements of Section 2 of this act. Further, the Administrative Office of the Courts shall report the names of all noncompliant clerks to the State Auditor and to the Mayor of the municipality that employs the clerk.
SECTION 87. Section 47-5-138, Mississippi Code of 1972, is brought forward as follows:
47-5-138. (1) The department may promulgate rules and regulations to carry out an earned time allowance program based on the good conduct and performance of an inmate. An inmate is eligible to receive an earned time allowance of one-half (1/2) of the period of confinement imposed by the court except those inmates excluded by law. When an inmate is committed to the custody of the department, the department shall determine a conditional earned time release date by subtracting the earned time allowance from an inmate's term of sentence. This subsection does not apply to any sentence imposed after June 30, 1995.
(2) An inmate may forfeit all or part of his earned time allowance for a serious violation of rules. No forfeiture of the earned time allowance shall be effective except upon approval of the commissioner, or his designee, and forfeited earned time may not be restored.
(3) (a) For the purposes of this subsection, "final order" means an order of a state or federal court that dismisses a lawsuit brought by an inmate while the inmate was in the custody of the Department of Corrections as frivolous, malicious or for failure to state a claim upon which relief could be granted.
(b) On receipt of a final order, the department shall forfeit:
(i) Sixty (60) days of an inmate's accrued earned time if the department has received one (1) final order as defined herein;
(ii) One hundred twenty (120) days of an inmate's accrued earned time if the department has received two (2) final orders as defined herein;
(iii) One hundred eighty (180) days of an inmate's accrued earned time if the department has received three (3) or more final orders as defined herein.
(c) The department may not restore earned time forfeited under this subsection.
(4) An inmate who meets the good conduct and performance requirements of the earned time allowance program may be released on his conditional earned time release date.
(5) For any sentence imposed after June 30, 1995, an inmate may receive an earned time allowance of four and one-half (4-1/2) days for each thirty (30) days served if the department determines that the inmate has complied with the good conduct and performance requirements of the earned time allowance program. The earned time allowance under this subsection shall not exceed fifteen percent (15%) of an inmate's term of sentence; however, beginning July 1, 2006, no person under the age of twenty-one (21) who has committed a nonviolent offense, and who is under the jurisdiction of the Department of Corrections, shall be subject to the fifteen percent (15%) limitation for earned time allowances as described in this subsection (5).
(6) Any inmate, who is released before the expiration of his term of sentence under this section, shall be placed under earned-release supervision until the expiration of the term of sentence. The inmate shall retain inmate status and remain under the jurisdiction of the department. The period of earned-release supervision shall be conducted in the same manner as a period of supervised parole. The department shall develop rules, terms and conditions for the earned-release supervision program. The commissioner shall designate the appropriate hearing officer within the department to conduct revocation hearings for inmates violating the conditions of earned-release supervision.
(7) If the earned-release supervision is revoked, the inmate shall serve the remainder of the sentence, but the time the inmate served on earned-release supervision before revocation, shall be applied to reduce his sentence.
SECTION 88. Section 47-5-142, Mississippi Code of 1972, is brought forward as follows:
47-5-142. (1) In order to provide incentive for offenders to achieve positive and worthwhile accomplishments for their personal benefit or the benefit of others, and in addition to any other administrative reductions of the length of an offender's sentence, any offender shall be eligible, subject to the provisions of this section, to receive meritorious earned time as distinguished from earned time for good conduct and performance.
(2) Subject to approval by the commissioner of the terms and conditions of the program or project, meritorious earned time may be awarded for the following: (a) successful completion of educational or instructional programs; (b) satisfactory participation in work projects; and (c) satisfactory participation in any special incentive program.
(3) The programs and activities through which meritorious earned time may be received shall be published in writing and posted in conspicuous places at all facilities of the department and such publication shall be made available to all offenders in the custody of the department.
(4) The commissioner shall make a determination of the number of days of reduction of sentence which may be awarded an offender as meritorious earned time for participation in approved programs or projects; the number of days shall be determined by the commissioner on the basis of each particular program or project.
(5) No offender shall be awarded any meritorious earned time while assigned to the maximum security facilities for disciplinary purposes.
(6) All meritorious earned time shall be forfeited by the offender in the event of escape and/or aiding and abetting an escape.
(7) Any officer or employee of the department who shall willfully violate the provisions of this section and be convicted therefor shall be removed from office or employment.
(8) An offender may forfeit all or any part of his meritorious earned time allowance for just cause upon the written order of the commissioner or his designee. Any meritorious earned time allowance forfeited under this section shall not be restored nor shall it be re-earned by the offender.
SECTION 89. Section 97-9-79, Mississippi Code of 1972, is brought forward as follows:
97-9-79. Any person who shall make or cause to be made any false statement or representation as to his or another person's identity, social security account number or other identifying information to a law enforcement officer in the course of the officer's duties with the intent to mislead the officer shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned for a term not to exceed one (1) year, or both. SECTION 90. Section 97-19-83, Mississippi Code of 1972, is brought forward as follows:
97-19-83. (1) Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money, property or services, or for unlawfully avoiding the payment or loss of money, property or services, or for securing business or personal advantage by means of false or fraudulent pretenses, representations or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, transmits or causes to be transmitted by mail, telephone, newspaper, radio, television, wire, electromagnetic waves, microwaves, or other means of communication or by person, any writings, signs, signals, pictures, sounds, data, or other matter across county or state jurisdictional lines, shall, upon conviction, be punished by a fine of not more than Ten Thousand Dollars ($10,000.00) or by imprisonment for not more than five (5) years, or by both such fine and imprisonment.
(2) For the purposes of venue under the provisions of this section, any violation of this section may be prosecuted in the county in which the delivery or transmission originated, the county in which the delivery or transmission was made, or the county in which any act in execution or furtherance of the scheme occurred.
(3) This section shall not prohibit the prosecution under any other criminal statute of the state.
SECTION 91. Section 97-19-85, Mississippi Code of 1972, is brought forward as follows:
97-19-85. (1) Any person who shall make or cause to be made any false statement or representation as to his or another person's or entity's identity, social security account number, credit card number, debit card number or other identifying information for the purpose of fraudulently obtaining or with the intent to obtain goods, services or any thing of value, shall be guilty of a felony and upon conviction thereof for a first offense shall be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned for a term not to exceed five (5) years, or both. For a second or subsequent offense such person, upon conviction, shall be fined not more than Ten Thousand Dollars ($10,000.00) or imprisoned for a term not to exceed ten (10) years, or both. In addition to the fines and imprisonment provided in this section, a person convicted under this section shall be ordered to pay restitution as provided in Section 99-37-1 et seq.
(2) A person is guilty of fraud under subsection (1) who:
(a) Shall furnish false information willfully, knowingly and with intent to deceive anyone as to his true identity or the true identity of another person; or
(b) Willfully, knowingly, and with intent to deceive, uses a social security account number to establish and maintain business or other records; or
(c) With intent to deceive, falsely represents a number to be the social security account number assigned to him or another person, when in fact the number is not the social security account number assigned to him or such other person; or
(d) With intent to deceive, falsely represents to be a representative of an entity in order to open banking accounts, obtain credit cards, or other services and supplies in the entity's name; or
(e) Knowingly alters a social security card, buys or sells a social security card or counterfeit or altered social security card, counterfeits a social security card, or possesses a social security card or counterfeit social security card with intent to sell or alter it.
SECTION 92. Section 97-45-19, Mississippi Code of 1972, is brought forward as follows:
97-45-19. (1) A person shall not obtain or attempt to obtain personal identity information of another person with the intent to unlawfully use that information for any of the following purposes without that person's authorization:
(a) To obtain financial credit.
(b) To purchase or otherwise obtain or lease any real or personal property.
(c) To obtain employment.
(d) To obtain access to medical records or information contained in medical records.
(e) To commit any illegal act.
(2) (a) A person who violates this section is guilty of a felony punishable by imprisonment for not less than two (2) nor more than fifteen (15) years or a fine of not more than Ten Thousand Dollars ($10,000.00), or both.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (2), if the violation involves an amount of less than Two Hundred Fifty Dollars ($250.00), a person who violates this section may be found guilty of a misdemeanor punishable by imprisonment in the county jail for a term of not more than six (6) months, or by a fine of not more than One Thousand Dollars ($1,000.00), or both, in the discretion of the court.
(c) For purposes of determining the amount of the violation, the value of all goods, property, services and other things of value obtained or attempted to be obtained by the use of an individual's identity information shall be aggregated.
(3) This section does not prohibit the person from being charged with, convicted of, or sentenced for any other violation of law committed by that person using information obtained in violation of this section.
(4) This section does not apply to a person who obtains or attempts to obtain personal identity information of another person pursuant to the discovery process of a civil action, an administrative proceeding or an arbitration proceeding.
(5) Upon the request of a person whose identifying information was appropriated, the Attorney General may provide assistance to the victim in obtaining information to correct inaccuracies or errors in the person's credit report or other identifying information; however, no legal representation shall be afforded such person by the Office of the Attorney General.
(6) A person convicted under this section or under Section 97-19-85 shall be ordered to pay restitution as provided in Section 99-37-1 et seq., and any legal interest in addition to any other fine or imprisonment which may be imposed.
SECTION 93. Section 99-19-81, Mississippi Code of 1972, is brought forward as follows:
99-19-81. Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate incidents at different times and who shall have been sentenced to separate terms of one (1) year or more in any state and/or federal penal institution, whether in this state or elsewhere, shall be sentenced to the maximum term of imprisonment prescribed for such felony, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole or probation.
SECTION 94. Section 99-19-84, Mississippi Code of 1972, is brought forward as follows:
99-19-84. Whenever probation is a part of a sentence prescribed for an offense for which registration as a sex offender is required under Title 45, Chapter 33, the court may include as a condition of probation that the sex offender be placed on electronic monitoring. The Department of Corrections shall promulgate rules and regulations for the implementation of electronic monitoring of sex offenders on probation.
SECTION 95. Section 99-19-87, Mississippi Code of 1972, is brought forward as follows:
99-19-87. Nothing in Sections 99-19-81 through 99-19-87 shall abrogate or affect punishment by death in any and all crimes now or hereafter punishable by death.
SECTION 96. This act shall take effect and be in force from and after July 1, 2014.