Mississippi  Department of  Corrections

Christopher B. Epps  

Phil Bryant

Commissioner   

 Governor  

 

 

 

Alternatives to Incarceration

ALTERNATIVES

TO

INCARCERATION

 

Prepared by

Mississippi Department of Corrections

Policy, Planning, Research & Evaluation

July 2002

 

STATE OF MISSISSIPPI

DEPARTMENT OF CORRECTIONS

CHRISTOPHER B. EPPS

COMMISSIONER

 

                                                                                         September 1, 2002

 

Commissioner’s Message to the People of Mississippi

 

The Mississippi Department of Corrections (MDOC) fundamental mission is to provide for public safety.  We are charged with the care, custody, control and treatment of close to 40,000 convicted felons, half of whom are serving their sentences out in the Community.

This booklet has been prepared by MDOC to summarize programs that offer alternatives to incarceration or limited incarceration for offenders who meet certain criteria.  This booklet outlines this criteria and includes the state statutes affecting these alternative sentencing programs. 

The MDOC is committed to providing excellence in both correctional policy and public service.  The community corrections programs outlined herein can help provide relief to the state’s burgeoning prison costs while maintaining public safety.

Christopher B. Epps

Commissioner

                                     TABLE OF CONTENTS

 

 

Introduction      

                                                                                       

Victims' Rights in Alternative Sentences         

                                                     

Intensive Supervision Program     

 

Non-Adjudicated Probation          

 

Pre-Trial Diversion Program

                                               

Suspended Sentence Probation

 

Drug Courts

                                               

Post Release Supervision

                                               

Regimented Inmate Discipline Program

 

Restitution Center                      

 

Conditions of Probation

                                                     

Index of State Statutes                       

 

State Statutes

 

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INTRODUCTION

 

This booklet is written for Judges, District Attorneys, Attorneys, Field Officers and other interested individuals.

State statutes offer several programmatic options to punish offenders that do not require incarceration.  The following are types of programs available:

Intensive Supervision Program  

Non-Adjudicated Probation

Pre-Trial Diversion Program

Suspended Sentence Probation

Drug Courts

 

Other programs provide for an offender to occupy a bed, but in a less restrictive environment and for a limited period of time.  The following are alternatives that require limited incarceration:

 

Post Release Supervision

Regimented Inmate Discipline Program

Restitution Centers

 

The requirements, qualifications, and a brief description of each program follows.  All applicable state statutes are listed in each section and the entire law is included in the last section.

 

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VICTIMS' RIGHTS RELATIVE TO

 ALTERNATIVE SENTENCES

 

In 1998, a Constitutional Amendment was ratified by the voters in the State of Mississippi, which provides certain rights to victims of the following violent offenses when the victim (or his representative) has submitted a Request To Exercise Victim’s Rights:

·  Felonies which involve physical injury or the threat of physical injury

·   Any sexual offense

·  Any offense involving spousal abuse or domestic violence

·   Burglary of a dwelling house

 

Victims of crime have the following rights regarding sentence

 consideration for offenders:

 

·  

To talk with the prosecutor prior to the final disposition 

 

of the case, including giving views on nol pros,

 

reduction of charge, sentence  recommendation,  and

 

pretrial diversion programs. 

·  

To be present throughout all criminal proceedings,

 

including any hearings, arguments or other matters

 

scheduled by and held in the presence of the judge.

 

·  

To be present at any proceeding where the defendant

 

is going to enter a guilty plea and be sentenced.

·  

To make an oral or written impact statement to the

 

probation officer preparing the pre-sentence report for

 

the judge. 

·  

To be present at sentencing and to give the judge an

 

impact statement or any information that concerns the

 

criminal offense or the sentence. 

 

Applicable State Statutes

 

·         99-43-1

·         99-43-11

·        99-43-21

·         99-43-27

·         99-43-29

·         99-43-31


 

INTENSIVE SUPERVISION PROGRAM

 

The Intensive Supervision Program (ISP) may be used as an alternative to incarceration for individuals who are low risk and nonviolent.  The courts and MDOC select candidates for this program.  This booklet addresses only the requirements for placement on ISP by the courts.

 

Program

 

The ISP or House Arrest program is designed to allow close monitoring of inmates who do not require incarceration in an institution, but need closer monitoring than a regular probationer requires.  Individuals in the ISP Program are classified as inmates.  The inmates assigned to this program wear an electronic device at all times.  This device emits radio signals that are monitored by the inmate's phone and a home monitoring unit.  The supervising ISP Officer, in conjunction with the inmate, submits a weekly schedule to the monitoring company with the hours the inmate is expected to be in his residence.

The inmate must report to his ISP Officer on a weekly basis and must submit to weekly drug tests either in the ISP office or during a home visit.  The officer will conduct unscheduled visits with the inmate in his residence and at his place of employment. 

The monitoring company notifies the ISP Officer if the inmate leaves his place of residence at an unauthorized time or if he tampers or attempts to remove the electronic equipment.  If the inmate follows rules as set forth by the ISP Officer, the inmate may gradually be given additional freedom and a broader range of movement in the community while still under close supervision.

 An inmate who violates any order or condition of the ISP program shall be arrested and incarcerated in a MDOC facility.  The inmate shall be subject to removal from the program by an MDOC Classification Officer. 

Criteria for Placement on ISP

 

·        Inmate must be low risk and nonviolent

 

Ineligible for the Program

 

·        Currently charged with, or currently incarcerated for a violent offense or a felony involving the use of a deadly weapon

·        Previously confined for conviction of a felony

·        Previously convicted of, currently charged with, or currently incarcerated for a sex crime

·        Currently charged with or currently incarcerated for a felony under the Uniform Controlled Substance Law

 

DUI Felons Sentenced to ISP

 

Individuals convicted of a third offense DUI (felony) may be placed in ISP by the courts or MDOC.  The sentence for a third offense DUI must be for a minimum of one year and participation in an alcohol and drug program is strongly recommended for the individual.

Since current ISP statutes prohibit the placement of inmates in the program who have a prior felony confinement, an individual with a fourth or subsequent DUI may not be placed in the ISP program.

Office of the Attorney General – Opinion

"DUI Sentencing / Intensive Supervision Program"

May 23, 2001

  

Applicable State Statutes

 

·       47-5-1001 through 47-5-1015

·       47-7-47

·       66-11-30

 

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NON-ADJUDICATED PROBATION PROGRAM

 

Non-adjudication is a form of probation used as an alternative to incarceration for eligible first time offenders.  If this probation period is successfully completed, the case is expunged and the defendant does not have a felony record.

Program

There are two non-adjudicated probation statutes presently being used by the courts.  One refers to persons who have been indicted for non-drug offenses, such as embezzlement, forgery, uttering forgery and burglary, etc.; another refers to certain drug cases.  When a person is given a non-adjudicated sentence, the court does not accept the guilty plea offered by the offender.  The courts defer accepting the guilty plea and the offender is placed on non-adjudicated probation for a period of time determined by the court.

Non-adjudicated probation gives the defendant the opportunity to show the court and the community that the defendant can conform to society’s rules and be a productive citizen without incarceration.  At the end of the term of probation, if all conditions have been successfully completed and all monies owed to the court and to victims have been paid, the defendant is discharged and the case dismissed.  The defendant does not have a felony record.

If a person sentenced under the non-adjudication statute violates the rules and regulations established for this program, the person must go through the revocation process as any other probationer would.  However, at a revocation hearing the Judge must sentence the person to incarceration and the probationer becomes a convicted felon.

Criteria for Placement on Non-Adjudicated Probation

 

·   A first time offender

 

Ineligible for the Program

 

·   Prior conviction of a felony

·   Conviction of crimes against persons

·   Certain convicted drug offenders charged under Section 41-39-139

·   Felony DUI

·   Specific violent offenses

 

Applicable State Statutes

 

·   41-29-139

·   41-29-150

·   99-15-26

 

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PRE-TRIAL DIVERSION PROGRAM

 

The Pre-Trial Diversion Program is an alternative to traditional sentencing and available for utilization by the District Attorney’s Office in conjunction with the Circuit Court Judge.

Program

The purpose of this program is to offer an alternative to the courts that will provide the defendant with an opportunity to avoid a felony conviction. Each Circuit Court has different requirements/forms and procedures to follow for application to the program.

Once a defendant has been indicted, arraigned and entered a guilty plea to a felony charge, the defense attorney may request a referral for placement in the Pre-Trial Diversion Program under the control of the District Attorney's Office.  The defendant is investigated and if the District Attorney approves the offender for placement in the program, a diversion or remand order will be signed by the Circuit Court Judge which lists the rules and regulations set forth in the Pre-Trial Diversion Program for the defendant.

In the event the defendant fails to comply with the diversion order, a motion may be filed to reinstate the case to a court docket.

Criteria for Placement in the Pre-Trial Diversion Program

 

·   First time youthful offenders

·   Non violent criminal record

·   Non violent current charge

 

Ineligible for the Program

 

·   Any person previously accepted into an intervention program

·   An individual charged with a crime of violence including, but not limited to murder, aggravated assault, rape, armed robbery, manslaughter or burglary of a dwelling

·   Certain convicted drug offenders charged under Section 41-29-139

 

Applicable State Statutes:

 

·   41-29-139

·   99-15-101 through 99-15-127

 

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SUSPENDED SENTENCE PROBATION PROGRAM

 

If the courts determine that it is in the best interest of justice and the public, and after the defendant has been convicted or has entered a guilty plea, the judge may suspend execution of the sentence and place the defendant on probation.

 

Program

 

Probationers must comply with all court ordered conditions.  They may be required to pay all fines, court costs and restitution.  Failure to comply with the terms of probation may result in revocation proceedings conducted by the sentencing judge.

Supervised probation for persons committing felonies may not exceed five years.  Upon payment of all fines, court costs, restitution and compliance with all terms of probation, the probationer may be released from the supervision program.  However, the period of time under supervision may not necessarily coincide with the probationer’s original sentence.

Unsupervised probation is granted in some cases where all fines, costs, and restitution are paid in full at sentencing or where supervision is not established as a requirement of the court.

Probationers may be required to attend Alcoholics Anonymous (AA), Narcotics Anonymous (NA), similar rehabilitation programs.

 

Criteria for Suspended Sentence Probation

 

·   Must have no prior felony convictions

·   Must meet all probation conditions in 47-7-35 plus any additional conditions imposed by the judge

 

Ineligible for the Program

 

·   Whose crime may result in the maximum penalty being a death sentence or life imprisonment

·   Prior conviction of a felony with a sentence of confinement

·   Convicted of a felony using a deadly weapon

·   Convicted of a crime that carries a mandatory sentence

 

Applicable State Statutes

 

·   47-7-33

·   47-7-35 through 47-7-49

 

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DRUG COURT PROGRAM

 

A Drug Court is a court designed program to quickly address a crime committed by an offender who has a substance addiction.

Program

 

Drug courts are under the jurisdiction of the judge with the cooperation and support of the District Attorney, defense attorneys and law enforcement personnel.  All available resources in the community are used to treat the addicted offender.

Offenders sentenced to this program appear before the judge on a regular basis (usually weekly), and reports are submitted to the judge regarding the offender. Failure to appear before the judge or non-compliance with the treatment program can mean instant dismissal from the program by the judge.  The judge may then impose any appropriate sentence on the offender.

Criteria for Placement in the Drug Court Program

 

·   Offenders who would normally qualify to be placed on probation or in the Intensive Supervision Program

·   Approval of the District Attorney

 

Ineligible for the Program

 

· Current charge of attempt, conspiracy to commit or commission of, or prior conviction of:  homicide, robbery, drug trafficking, manslaughter, kidnapping, aggravated assault or battery with a firearm, DUI manslaughter, vehicular homicide, sexual battery, aggravated child abuse, aggravated stalking

·   Mandatory sentence

·   Habitual violent felony offender

·  Violated conditions of Earned Release Supervision or parole

·   Charges pending in other jurisdictions

·   Adjudicated incompetent or insane

· Suffers from retardation, organic dementia, organic hallucinations, or paranoia or schizoid personality disorders

·  Charges involve substantial amounts of restitution due to victims with minimal or no chance of recovery

·   Charges resulting in serious personal injury to victims

· History of sale of controlled substances indicating profiteering

·  Consistent pattern of failing to appear in court when required, or a poor record of compliance when previously under supervision

 

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POST RELEASE SUPERVISION PROGRAM

 

A program where the court, in addition to any other sentence imposed and if the punishment includes incarceration, may impose a term of post release supervision upon release from incarceration.

 

Program

The Post Release Supervision Program allows for part of the sentence to be suspended and the defendant placed on post release supervision on the same terms as those for suspended sentence probation.  However, the total number of years of incarceration plus the total number of years of post release supervision may not exceed the maximum sentence for the crime.  After July 1, 2000, the maximum time MDOC may supervise an offender on post release supervision is five years.

 

Criteria for Placement on Post Release Supervision

 

·        Crime must have been committed after June 30, 1995

 

Applicable State Statutes

 

·        47-7-34

 

REGIMENTED INMATE DISCIPLINE PROGRAM

 

Any Circuit Court Judge may place an offender on "earned probation" status in the custody of MDOC for a period of time during which time the offender participates in a Regimented Inmate Discipline (RID) rehabilitative program.

 

Program

 

The RID program began in an effort to expand the mandates of the shock probation by combining a boot camp approach to discipline with psychological correctional interventions.  This combination of paramilitary training with instructional classes and individual-group counseling has offered a unique blend of rehabilitative techniques which can be applied with success to the earned probation offender.

 

Offenders participate in structured activities which include Adult Basic Education (ABE) or General Equivalent Degree (GED) classes, Alcoholics Anonymous (AA) or Narcotics Anonymous (NA), pre-release screening, religious instruction, physical fitness, and community service as part of the RID program.  The judge retains jurisdiction of the offender for up to one year.

 

Criteria for Placement in the RID Program

 

·   Any offender except those with specific exceptions

 

Ineligible for the Program

 

·         Crime which may result in the maximum penalty being a death sentence or life imprisonment

·   Previously confined 2 or more times for conviction of a felony

·   Convicted of a felony involving the use of deadly weapon

·   Convicted of a crime carrying a mandatory sentence

 

MDOC policy dictates other exclusions to this  program

 

·   Mental retardation

·   Charged with sexual offenses

·   Extensive  juvenile  histories of criminal activity

·   History of psychiatric disorders

 

Applicable State Statutes

 

·   47-7-47

 

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RESTITUTION CENTERS

 

Restitution Centers are residence centers where offenders are sentenced to live and participate in the center program as a condition of their probation sentence.

Program

Residents of the restitution centers are provided a structured environment where work ethics, education and responsibility are taught and enforced.  Offenders are assisted in obtaining employment in the community and close contact is kept with employers to determine both work skills and work attitude. Education needs are addressed through Adult Basic Education (ABE) and General Equivalent Degree (GED) test preparation. The offenders are encouraged to take responsibility for their actions.  Staff encourage this responsibility by requiring job attendance, payment of restitution and other financial responsibilities.  Alcohol and drug counseling, mental health services, and other services are tailored to meet the needs of individual residents.   Offenders must earn a maximum number of  “points” by demonstrating good behavior and participating in community service projects in order to complete the Restitution Program.

Restitution centers for males are located in Hinds, Leflore, and Jackson Counties. One center for females is located in Rankin County.  Room and board charges (maximum $49.00 per week) are pro-rated based on earnings.  In addition, fees for restitution, court cost, family support and other charges imposed by the judge are deducted  from the  offender’s paycheck.

Upon completion of the program, the offender is transferred to the appropriate field office for supervision for the remainder of the probationary sentence.  Failure to successfully complete the program may result in the original prison sentence being imposed.

 

Criteria for Placement in a Restitution Center

 

·   First time offender

·   Convicted of a non-violent felony offense

·   No drug, alcohol or emotional problems so serious as to interfere with participation 

·   Good physical and mental health

·   Be employable

·   Sincere desire to participate in the program

 

Ineligible for the Program

 

·   Sex offenders

·   Offenders with lengthy criminal records

 

Applicable State Statutes

 

·   47-7-47

·   99-20-1 through 99-20-5

 

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PROBATION

 

The courts may impose probation as an alternative to incarceration.

Below is state statute 47-7-35 which states the general terms and conditions of probation.  The courts may impose additional terms and conditions to which the offender must adhere in order to maintain probationary status.

Other state statutes may impose additional terms and conditions for specific types of probation.  These are included in each program.

 

 

Probation Conditions

47-7-35

 

The courts referred to in Section 47-7-33 or 47-7-34 shall determine the terms and conditions of probation or post-release supervision and may alter or modify, at any time during the period of probation or post-release supervision   the   conditions and may include among them the following or any other:

That the, offender shall:

(a)        Commit no offense against the laws of this or any other state of the United States, or of the United States;

(b)       Avoid injurious or vicious habits;

(c)       Avoid persons or places of disreputable or harmful character;

(d)       Report to the probation and parole officer as directed;

(e)        Permit the probation and parole officer to visit him at home or elsewhere;

(f)         Work faithfully at suitable employment so far as possible;

(g)       Remain within a specified area;

(h)       Pay his fine in one (1) or several sums;

(i)        Support his dependents;

(j)       Submit, as provided in Section 47-5-601, to any type of breath, saliva or urine chemical analysis test, the purpose of which is to detect the possible presence of alcohol or a substance prohibited or controlled by any law of the State of Mississippi or the United States.

 

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INDEX OF STATE STATUTES INCLUDED

41-29-139                                       

41-29-150                                       

47-5-1001                                       

47-5-1003                                       

47-5-1005                                       

47-5-1007                                       

47-5-1009                                       

47-5-1011                                       

47-5-1013                                       

47-5-1015                                       

47-7-33                                           

47-7-34                                           

47-7-37                                           

47-7-39                                           

47-7-41                                           

47-7-47                                           

47-7-49

63-11-30                                         

99-15-26                                         

99-15-101                                       

99-15-103                                       

99-15-105                                       

99-15-107                                       

99-15-109                                       

99-15-111                                       

99-15-113                                       

99-15-115                                       

99-15-117                                       

99-15-119                                       

99-15-121                                       

99-15-123                                       

99-15-125                                       

99-15-127

99-20-1                                           

99-20-3                                           

99-20-5

99-43-1                                           

99-43-11                                         

99-43-21                                         

99-43-27                                         

99-43-29                                         

99-43-31                                         

 

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STATE STATUTES

 

§ 41-29-139. Prohibited acts; penalties.

 

(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 subsections (f) and (g) of this section or in Section 41-29-142, any person who violates subsection (a) of this section shall be 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 one (1) ounce or less of marihuana, 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 one (1) ounce of marihuana, such person may, upon conviction, be imprisoned for not more than thirty (30) years and shall be fined not less than Five Thousand Dollars ($5,000.00) nor more than One Million Dollars ($1,000,000.00), or both;

(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 one (1) ounce of marihuana 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 twenty (20) years or fined not more than Thirty Thousand Dollars ($30,000.00), or both;

(3) In the case of one (1) ounce or less of marihuana, 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, be imprisoned for not more than twenty (20) years and shall be fined not less than One Thousand Dollars ($1,000.00) nor more than Two Hundred Fifty Thousand Dollars ($250,000.00), or both; and

(5) In the case of controlled substances classified in Schedule V, as set out in Section 41-29-121, such person may, upon conviction, be imprisoned for not more than ten (10) years and shall be fined not less than One Thousand Dollars ($1,000.00) nor more than Fifty Thousand Dollars($50,000.00), or both.

(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 Sections 41-29-113, 41-29-115, 41-29-117, 41-29-119 or 41-29-121, including marihuana, 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 marihuana, in the following amounts shall be charged and sentenced as follows:

(A) Less than one-tenth (0.1) gram or one (1) dosage unit or less may be charged as a misdemeanor or felony. If charged by indictment as a felony: by imprisonment not less than one (1) nor more than four (4) years and a fine not more than Ten Thousand Dollars ($10,000.00). If charged as a misdemeanor: by imprisonment for up to one (1) year and a fine not more than One Thousand Dollars ($1,000.00).

(B) One-tenth (0.1) gram but less than two (2) grams or two (2) dosage units but less than ten (10) dosage units, by imprisonment for not less than two (2) years nor more than eight (8) years and a fine of not more than Fifty Thousand Dollars ($50,000.00).

(C) Two (2) grams but less than ten (10) grams or ten (10) dosage units but less than twenty (20) dosage units, by imprisonment for not less than four (4) years nor more than sixteen (16) years and a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00).

(D) Ten (10) grams but less than thirty (30) grams or twenty (20) dosage units but not more than forty (40) dosage units, by imprisonment for not less than six (6) years nor more than twenty-four (24) years and a fine of not more than Five    Hundred Thousand Dollars ($500,000.00).

(E) Thirty (30) grams or more or forty (40) dosage units or more, by imprisonment for not less than ten (10) years nor more than thirty (30) years and a fine of not more than One Million Dollars ($1,000,000.00).

(2) Marihuana 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 marihuana 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 and by a fine of not more than Fifty Thousand Dollars ($50,000.00);

(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 and a fine of less than Two Hundred Fifty Thousand Dollars ($250,000.00);

(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 and a fine of not more than Five   Hundred Thousand Dollars ($500,000.00);

(G) Five (5) kilograms or more, by imprisonment for not less than ten (10) years nor more than thirty (30) years and a fine of not more than One Million Dollars ($1,000,000.00).

(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 and a fine of not more than One Thousand Dollars ($1,000.00).

(B) Fifty (50) grams but less than one hundred fifty (150) grams or one hundred (100) dosage units but less than five hundred (500) dosage units, by imprisonment for not less than one (1) year nor more than four (4) years and a fine of not more than Ten Thousand Dollars ($10,000.00).

(C) One hundred fifty (150) grams but less than three hundred (300) grams or five hundred (500) dosage units but less than one thousand (1,000) dosage units, by imprisonment for not less than two (2) years nor more than eight (8) years and a fine of not more than Fifty Thousand Dollars ($50,000.00).

(D) Three hundred (300) grams but less than five hundred (500) grams or one thousand (1,000) dosage units but less than two thousand five hundred (2,500) dosage units, by   imprisonment for not less than four (4) years nor more than sixteen (16) years and a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00).

(E) Five hundred (500) grams or more or two thousand five hundred (2,500) dosage units or more, by imprisonment for not less than six (6) years nor more than twenty-four (24) years and a fine of not more than Five Hundred Thousand Dollars ($500,000.00).

(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 marihuana 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) Except as otherwise authorized in this article, any person twenty-one (21) years of age or older who knowingly sells, barters, transfers, manufactures, distributes or dispenses during any twelve (12) consecutive month period: (i) ten (10) pounds or more of marihuana; (ii) two (2) ounces or more of heroin; (iii) two (2) or more ounces of cocaine or of any mixture containing cocaine as described in Section 41-29-105(s), Mississippi Code of 1972; or (iv) one hundred (100) or more dosage units of morphine, Demerol or Dilaudid, shall be guilty of a felony and, upon conviction thereof, shall be sentenced to life imprisonment and such sentence shall not be reduced or suspended nor shall such person 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. 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) (1) Any person trafficking in controlled substances shall be guilty of a felony and upon conviction shall be imprisoned for a term of thirty (30) years and such sentence shall not be reduced or suspended nor shall such person 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 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 to engage in three (3) or more component offenses within any twelve (12) consecutive month period where at least two (2) of the component offenses occurred in different counties. A component offense is any act which would constitute a violation of subsection (a) of this section. Prior convictions shall not be used as component offenses to     establish the charge of trafficking in controlled substances.

(3) The charge of trafficking in controlled substances shall be set forth in one (1) count of an indictment with each of the component offenses alleged therein and it may be charged and tried in any county where a component offense occurred. An indictment for trafficking in controlled substances may also be returned by the State Grand Jury of Mississippi provided at least two (2) of the component offenses occurred in different circuit court districts.

Sources: Codes, 1942, § 6831-70; Laws, 1971, ch. 521, § 20; Laws, 1972, ch. 520, § 7; Laws, 1977,

ch. 482, § 1; Laws, 1981, ch. 502, § 5; Laws, 1982, chs. 323, § 2, 501, § 1; Laws, 1986, ch. 417;

Laws, 1989, ch. 569, § 2; Laws, 1995, ch. 368, § 1; Laws, 1998, ch. 506, § 1; Laws, 1999, ch. 341, §1, eff from and  after passage (approved Mar. 12, 1999.)

 

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§ 41-29-150.Participation in drug rehabilitation programs; probation.

 

(a) Any person convicted under section 41-29-139 may be required, in the discretion of the court, as a part of the sentence otherwise imposed, or in lieu of imprisonment in cases of probation or suspension of sentence, to attend a course of instruction conducted by the bureau, the state board of health, or any similar agency, on the effects, medically, psychologically and socially, of the misuse of controlled substances. Said course may be conducted at any correctional institution, detention center or hospital, or at any center or treatment facility established for the purpose of education and rehabilitation of those persons committed because of abuse of controlled substances.

(b) Any person convicted under section 41-29-139, who is found to be dependent upon or addicted to any controlled substance shall be required, as a part of the sentence otherwise imposed, or in lieu of imprisonment in cases of parole, probation or suspension of sentence, to receive medical treatment for such dependency or addiction. The regimen of medical treatment may include confinement in a medical facility of any correctional institution, detention center or hospital, or at any center or facility established for treatment of those persons committed because of a dependence or addiction to controlled substances.

(c) Those persons previously convicted of a felony under section 41-29-139 and who are now confined at the Mississippi State Hospital at Whitfield, Mississippi, or at the East Mississippi State Hospital at Meridian, Mississippi, for the term of their sentence shall remain under the jurisdiction of the Mississippi Department of Corrections and shall be required to abide by all reasonable rules and regulations promulgated by the director and staff of said institutions and of the department of corrections. Any persons so confined who shall refuse to abide by said rules or who attempt an escape or who shall escape shall be transferred to the state penitentiary or to a county jail, where appropriate, to serve the remainder of the term of imprisonment; this provision shall not preclude prosecution and conviction for escape from said institutions.

(d) (1) If any person who has not previously been convicted of violating section 41-29-139, or the laws of the United States or of another state relating to narcotic drugs, stimulant or depressant substances, other controlled substances or marihuana is found to be guilty of a violation of subsection (c) or (d) of section 41-29-139, after trial or upon a plea of guilty, the court may, without entering a judgment of guilty and with the consent of such person, defer further proceedings and place him on probation upon such reasonable conditions as it may require and for such period, not to exceed three (3) years, as the court may prescribe. Upon violation of a condition of the probation, the court may enter an adjudication of guilt and proceed as otherwise provided. The court may, in its discretion, dismiss the proceedings against such person and discharge him from probation before the expiration of the maximum period prescribed for such person's probation. If during the period of his probation such person does not violate any of the conditions of the probation, then upon expiration of such period the court shall discharge such person and dismiss the proceedings against him. Discharge and dismissal under this subsection shall be without court adjudication of guilt, but a nonpublic record thereof shall be retained by the bureau solely for the purpose of use by the courts in determining whether or not, in subsequent proceedings, such person qualifies under this subsection. Such discharge or dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the penalties prescribed under this article for second or subsequent conviction, or for any other purpose. Discharge and dismissal under this subsection may occur only once with respect to any person; and (2) Upon the dismissal of such person and discharge of proceedings against him under paragraph (1) of this subsection, or with respect to a person who has been convicted and adjudged guilty of an offense under subsection (c) or (d) of  section 41-29-139, or for possession of narcotics, stimulants, depressants, hallucinogens, marihuana, other controlled substances or paraphernalia under prior laws of this state, such person, if he had not reached his twenty-sixth birthday at the time of the offense, may apply to the court for an order to expunge from all official records, other than the nonpublic

records to be retained by the bureau under paragraph (1) of this subsection, all recordation relating to his arrest, indictment, trial, finding of guilty, and dismissal and discharge pursuant to this section. If the court determines, after hearing, that such person was dismissed and the proceedings against him discharged and that he had not reached his twenty-sixth birthday at the time of the offense, or that such person had satisfactorily served his sentence or period of probation and parole, and that he had not reached his twenty-sixth birthday at the time of the offense, it shall enter such order. The effect of such order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or indictment. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failures to recite or acknowledge such arrest, or indictment or trial in response to any inquiry made of him for any purpose.

(e) Every person who has been or may hereafter be convicted of a felony offense under section 41-29-139 and sentenced under section 41-29-150(c) shall be under the jurisdiction of the Mississippi Department of Corrections.

(f) It shall be unlawful for any person confined under the provisions of subsection (b) or (c) of this section to escape or attempt to escape from said institution, and upon conviction said person shall be guilty of a felony and shall be imprisoned for a term not to exceed two (2) years.

(g) It is the intent and purpose of the legislature to promote the rehabilitation of persons convicted of offenses under the Uniform Controlled Substances Law.

Sources: Codes, 1942, § 6831-74(j-p); Laws, 1972, ch. 520, § 9; Laws, 1977, ch. 495, § 1; Laws, 1978, ch. 522, § 1; Laws, 1981, ch. 502, § 8, eff from and after July 1, 1981.

 

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§ 47-5-1001. Definitions.  (Repealed effective after June 30, 2003).

For purposes of Sections 47-5-1001 through 47-5-1015, the following words shall have the meaning ascribed herein unless the context shall otherwise require:

(a)"Approved electronic monitoring device" means a device approved by the department which is primarily intended to record and transmit information regarding the offender’s presence or nonpresence in the home.

(b) "Correctional field officer" means the supervising probation and parole officer in charge of supervising the offender.

(c) "Court" means a circuit court having jurisdiction to place an offender to the intensive supervision program.

(d) "Department" means the Department of Corrections.

(e) "House arrest" means the confinement of a person convicted or charged with a crime to his place of residence under the terms and conditions established by the department or court.

(f) "Operating capacity" means the total number of state offenders which can be safely and reasonably housed in facilities operated by the department and in local or county jails or other facilities authorized to house state offenders as certified by the department, subject to applicable federal and state laws and rules and  regulations.

(g) "Participant" means an offender placed into an intensive

supervision program.

Sources: Laws, 1993, ch 576  § 1; Laws, 1994, ch. 606,  § 2, eff from and after passage (approved April 8, 1994); reenacted without change, Laws, 1999, ch 539,  § 1, eff from and after July 1, 1999; reenacted without change, Laws, 2001, ch 482,  § 2, eff from and after July 1, 2001.

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§ 47-5-1003.Intensive supervision program; eligibility; procedure; time limits; program violations; notice to Department of Corrections; completion of program as condition of probation.  (Repealed effective after June 30, 2003).

1) An intensive supervision program may be used as an alternative to incarceration for offenders who are low risk and nonviolent as selected by the department or court.  Any offender convicted of a sex crime or a felony violation of Section 41-29-139(a)(1) shall not be placed in the program.

(2) The court placing an offender in the intensive supervision program may, acting upon the advice and consent of the commissioner and not later than one (1) year after the defendant has been delivered to the custody of the department, suspend the further execution of the sentence and place the defendant on intensive supervision, except when a death sentence or life imprisonment is the maximum penalty which may be imposed or if the defendant has been confined for the conviction of a felony on a previous occasion in any court or courts of the United States and of any state or territories thereof or has been convicted of a felony involving the use of a deadly weapon.

(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 shall 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 committee.

(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 complete the intensive supervision program as a condition of probation or post-release supervision.

Sources: Laws, 1993, ch. 576, § 2; Laws, 1994, ch. 606, § 3; Laws, 1994 Ex Sess, ch. 26,  § 26; Laws, 1995, ch. 399,  § 1; Laws, 1996, ch. 397,  § 2; Laws, 1998, ch 461, § 1; Laws, 2000, ch 622, § 1; Laws, 2001, ch. 393, § 10; Laws, 2001, ch. 482,  § 1, eff from and after July 1, 2001.

 

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§ 47-5-1005Rules and guidelines for operation of intensive supervision program; approval and leasing of electronic monitoring devices.  (Repealed effective after June 30, 2003).

 

(1) The department shall promulgate rules that prescribe reasonable guidelines under which an intensive supervision program shall operate. These rules shall include, but not be limited to, the following:

(a) The participant shall remain within the interior premises or within the property boundaries of his or her residence at all times during the hours designated by the correctional field officer.

(b) Approved absences from the home may include, but are not limited to, the following:

(i) Working or employment approved by the court or department and traveling to or from approved employment;

(ii) Unemployed and seeking employment approved for the participant by the court or department;

(iii) Undergoing medical, psychiatric, mental health treatment, counseling or other treatment programs approved for the participant by the court or department;

(iv) Attending an educational institution or a program approved for the participant by the court or department;

(v) Participating in community work release or community service program approved for the participant by the court or department; or

(vi) For another compelling reason consistent with the public interest, as approved by the court or department.

(2) The department shall select and approve all electronic monitoring devices used under Sections 47-5-1001 through 47-5-1015.

(3) The department may lease the equipment necessary to implement the intensive supervision program and to contract for the monitoring of such devices. The department is authorized to select the lowest price and best source in contracting for these services.

Sources: Laws, 1993, ch. 576, § 3 eff from and after July 1, 1993; reenacted without change, Laws, 1999,  ch. 539,  § 3, Laws, 2001, ch. 393, § 10; Laws, 2001, ch. 482,  § 1, eff from and after July 1, 2001.

 

 

§ 47-5-1007 Payment of monthly fee by participant who is employed; special fund; responsibilities of participant; notice regarding violation of detention.  (Repealed effective after June 30, 2003).

(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. 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 verify 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.

 

(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 department.

Source: Laws, 1993, ch. 576, § 4, eff from and after July 1, 1993; reenacted without change, Laws, 1999,  ch. 539,  § 4, eff from and after July 1, 1999; reenacted without change,  Laws, 2001, ch. 482,  § 4, eff from and after July 1, 2001.

 

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§ 47-5-1009 Immunity of department; audit.  (Repealed effective after June 30, 2003).

 

(1) The department shall have absolute immunity from liability for any injury resulting from a determination by a judge or correctional officer that an offender shall be allowed to participate in the electronic home detention program.

(2)The Department of Audit shall annually audit the records of the department to ensure compliance with Sections 47-5-1001 through 47-5-1015.

Source: Laws, 1993, ch. 576, § 5, eff from and after July 1, 1993; reenacted without change, Laws, 1999,  ch. 539,  § 5, eff from and after July 1, 1999; reenacted without change,  Laws, 2001, ch. 482,  § 5,  eff from and after July 1, 2001.

 

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§ 47-5-1011 Prior notification of participant and co-residents regarding nature and extent of electronic monitoring devices; damage to equipment; noncriminal environment to be maintained.  (Repealed effective after June 30, 2003).

1) Before entering an order for commitment for electronic house arrest, the department shall inform the participant and other persons residing in the home of the nature and extent of the approved electronic monitoring devices by doing the following:

(a) Securing the written consent of the participant in the program to comply with the rules and regulations of the program.

(b) Advising adult persons residing in the home of the participant at the time an order or commitment for electronic house arrest is entered and asking such persons to acknowledge the nature and extent of approved electronic monitoring devices.

(c) Insuring that the approved electronic devices are minimally intrusive upon the privacy of other persons residing in the home while remaining in compliance with Sections 47-5-1001 through 47-5-1015.

(2) The participant shall be responsible for the cost of equipment and any damage to such equipment. Any intentional damage, any attempt to defeat monitoring, any committing of a criminal offense or any associating with felons or known criminals, shall constitute a violation of the program.

(3)Any person whose residence is utilized in the program shall agree to keep the home drug and alcohol free and to exclude known felons and criminals in order to provide a noncriminal environment.

Source: Laws, 1993, ch. 576, § 6; Laws, 1994, ch. 606,  § 4,eff from and after passage (approved April 8, 1994); reenacted without change, Laws, 1999,  ch. 539,  § 6, eff from and after July 1, 1999; reenacted without change,  Laws, 2001, ch. 482,  § 6,  eff from and after July 1, 2001.

 

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§ 47-5-1013 Conditions for participation in intensive supervision program. (Repealed effective after June 30, 2003).

 

Participants enrolled in an intensive supervision program shall be required to:

(a) Maintain employment if physically able, or full-time student status at an approved school or vocational trade, and make progress deemed satisfactory to the correctional field officer, or both, or be involved in supervised job searches.

(b) Pay restitution and program fees as directed by the department. Program fees shall not be less than Fifty Dollars ($50.00) nor more than the actual cost of the program. The sentencing judge may charge a program fee of less than Fifty Dollars ($50.00) in cases of extreme financial hardship, when such judge determines that the offender's participation in the program would provide a benefit to his community. Program fees shall be deposited in the special fund created in Section 47-5-1007.

(c) Establish a place of residence at a place approved by the correctional field officer, and not change his residence without the officer's approval. The correctional officer shall be allowed to inspect the place of residence for alcoholic beverages, controlled substances and drug paraphernalia.

(d) Remain at his place of residence at all times except to go to work, to attend school, to perform community service and as specifically allowed in each instance by the correctional field officer.

(e) Allow administration of drug and alcohol tests as requested by the field officer.

(f) Perform not less than ten (10) hours of community service each month.

(g) Meet any other conditions imposed by the court to meet the needs of the offender and limit the risks to the community.

Source: Laws, 1993, ch. 576, § 7, eff from and after July 1, 1993; reenacted without change, Laws, 1999,  ch. 539,  § 7, eff from and after July 1, 1999; reenacted without change,  Laws, 2001, ch. 482,  § 7,  eff from and after July 1, 2001.

 

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§ 47-5-1015 Repeal of  §  47-5-1001 through 47-5-1015.

 

Sections 47-51001 through 47-5-1015 shall stand repealed after June 30, 2003.

Source:  Laws, 1993, ch. 576, § 8,  Laws, 1995, ch. 399  § 2; Laws, 1999,  ch. 539,  § 8,  Laws, 2001, ch. 482,  § 8,  eff from and after July 1, 2001.


 

§ 47-7-33. Power of court to suspend sentence and place defendant on probation; notice to Department of Corrections; support payments.

(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 term time 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 or where the defendant has been convicted of a felony on a previous occasion in any court or courts of the United States and of any state or territories thereof, 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.


Sources: Codes, 1942, § 4004-23; Laws, 1956, ch. 262, § 10; Laws, 1958, ch. 242; Laws, 1976, ch. 440, § 88; reenacted, 1981, ch. 465, § 106; reenacted, 1984, ch. 471, § 116; reenacted, 1986, ch. 413, § 116; Laws, 2000, ch. 622, § 2, eff from and after July 1, 2000.

 

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§ 47-7-34. Post-release supervision program.

 

(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.

(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.

Sources: Laws, 1995, ch. 596, § 9; Laws, 2000, ch. 622, § 4, eff from and after July 1, 2000.

 

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§ 47-7-37. Period  of  probation; arrest,  revocation and recommitment for  violation of probation or post-release supervision.

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.

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.

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. Thereupon, or upon an arrest by warrant as herein provided, the court, in term time or vacation, 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, 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 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.

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.

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.

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.

Sources: Codes, 1942, § 4004-25; Laws, 1956, ch. 262, § 12; Laws, 1962, ch. 331; brought forward, 1981, ch. 465, § 108; reenacted, 1984, ch. 471, § 118; reenacted, 1986, ch. 413, § 118; Laws, 1990,  ch. 331, § 1; Laws, 1992, ch. 395, § 1; Laws, 1995, ch. 596, § 11, eff from and after June 30, 1995.

 

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§ 47-7-39. Change of residence; transfer.

 

If, for good and sufficient reasons, a probationer desires to change his residence within or without the state, such transfer may be effected by application to his field supervisor which transfer shall be subject to the court's consent and subject to such regulations as the court, or judge, may require.

Sources: Codes, 1942, § 4004-26; Laws, 1956, ch. 262, §13; Laws, 1976, ch. 440, § 89; reenacted, 1981, ch. 465, §109; reenacted, 1984, ch. 471, § 119; reenacted, 1986, ch. 413, § 119, eff from and after passage (approved March 28, 1986).

 

§ 47-7-41. Discharge from probation.

 

When a probationer shall be discharged from probation by the court of original jurisdiction, the field supervisor, upon receiving a written request from the probationer, shall forward a written report of the record of the probationer to the Division of Community Corrections of the department, which shall present a copy of this report to the Governor. The Governor may, in his discretion, at any time thereafter by appropriate executive order restore any civil rights lost by the probationer by virtue of his conviction or plea of guilty in the court of original jurisdiction.

Sources: Codes, 1942, § 4004-27; Laws, 1956, ch. 262, § 14; Laws, 1976, ch. 440, § 90; reenacted, 1981, ch. 465, § 110; reenacted, 1984, ch. 471, § 120; reenacted, 1986, ch. 413, § 120; Laws, 1992, ch. 511, § 1, eff from and after passage (approved May 14, 1992).

 

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§47-7-47 Earned Probation Program; restitution to crime victim

 

(1) The judge of any circuit court may place an offender on a program of earned probation after a period of confinement as set out herein and the judge may seek the advice of the commissioner and shall direct that the defendant be under the supervision of the department.

(2) (a) Any circuit court or county court may, upon its own motion, acting upon the advice and consent of the commissioner not earlier than thirty (30) days nor later than one (1) year after the defendant has been delivered to the custody of the department, to which he has been sentenced, suspend the further execution of the sentence and place the defendant on earned probation, except when a death sentence or life imprisonment is the maximum penalty which may be imposed or if the defendant has been confined two (2) or more times for the conviction of a felony on a previous occasion in any court or courts of the United States and of any state or territories thereof or has been convicted of a felony involving the use of a deadly weapon.

(b) The authority granted in this subsection shall be exercised by the judge who imposed sentence on the defendant, or his successor.

(c) The time limit imposed by paragraph (a) of this subsection is not applicable to those defendants sentenced to the custody of the department prior to April 14, 1977. Persons who are convicted of crimes that carry mandatory sentences shall not be eligible for earned probation.

(3) When any circuit or county court places an offender on earned probation, the court shall give notice to the Mississippi Department of Corrections within fifteen (15) days of the court's decision to place the offender on earned probation. Notice shall be delivered to the central office of the Mississippi Department of Corrections and to the regional office of the department which will be providing supervision to the offender on earned probation.

(4) If the court places any person on probation or earned probation, the court may order the person, as a condition of probation, to a period of confinement and treatment at a private or public agency or institution, either within or without the state, which treats emotional, mental or drug-related problems. Any person who, as a condition of probation, is confined for treatment at an out-of-state facility shall be supervised pursuant to Section 47-7-71, and any person confined at a private agency shall not be confined at public expense. Time served in any such agency or institution may be counted as time required to meet the criteria of subsection (2)(a).

(5) If the court places any person on probation or earned probation, the court may order the person to make appropriate restitution to any victim of his crime or to society through the performance of reasonable work for the benefit of the community.

(6)If the court places any person on probation or earned probation, the court may order the person, as a condition of probation, to submit, as provided in Section 47-5-601, to any type of breath, saliva or urine chemical analysis test, the purpose of which is to detect the possible presence of alcohol or a substance prohibited or controlled by any law of the State of Mississippi or the United States.

SECTION 10. This act shall take effect and be in force from and after July 1, 2001.

 

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§47-7-49  Creation of community services revolving fund; payments by offenders on    probation, parole, earned-release supervision, post release supervision, or earned probation; disposition of payments; time limit on payments.

 

(1) Any offender on probation, parole, earned-release supervision, post-release supervision, earned probation or any other offender under the field supervision of the Community Services Division of the department shall pay to the department the sum of Thirty Dollars ($30.00) per month by certified check or money order unless a hardship waiver is granted. A hardship waiver may be granted by the sentencing court or the Department of Corrections. A hardship waiver may not be granted for a period of time exceeding ninety (90) days. The commissioner or his designee shall deposit Twenty-five Dollars ($25.00) of the payments received into a special fund in the State Treasury, which is hereby created, to be known as the Community Service Revolving Fund. Expenditures from this fund shall be made for: (a) the establishment of restitution and satellite centers; and (b) the establishment, administration and operation of the department's Drug Identification Program and the intensive and field supervision program.  The Twenty-five Dollars ($25.00) may be used for salaries and to purchase equipment, supplies and vehicles to be used by the Community Corrections Division in the performance of its duties. Expenditures for the purposes established in this section may be made from the fund upon requisition by the commissioner or his designee.

Of the remaining amount, Three Dollars ($3.00) of the payments shall be deposited in the Crime Victims' Compensation Fund created in Section 99-41-29, Two Dollars ($2.00) shall be deposited into the Training Revolving Fund created pursuant to Section 47-7-51. When a person is convicted of a felony in this state, in addition to any other sentence it may impose, the court may, in its discretion, order the offender to pay a state assessment not to exceed the greater of One Thousand Dollars ($1,000.00) or the maximum fine that may be imposed for the offense, into the Crime Victims' Compensation Fund created pursuant to Section 99-41-29.

Any federal funds made available to the department for training or for training facilities, equipment or services shall be deposited in the Correctional Training Revolving Fund created in Section 47-7-51. The funds deposited in this account shall be used to support an expansion of the department's training program to include the renovation of facilities for training purposes, purchase of equipment and contracting of training services with community colleges in the state.

No offender shall be required to make this payment for a period of time longer than ten (10) years.

(2) The offender may be imprisoned until the payments are made if the offender is financially able to make the payments and the court in the county where the offender resides so finds, subject to the limitations hereinafter set out. The offender shall not be imprisoned if the offender is financially unable to make the payments and so states to the court in writing, under oath, and the court so finds.

(3) This section shall stand repealed from and after June 30, 2004.

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

 

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§ 63-11-30. Operation of vehicle while under   influence of intoxicating liquor, drugs or controlled  substances, or other substances impairing ability to operate vehicle or with blood alcohol concentrations above specified levels; penalties generally; granting of hardship driving privileges; penalties for violations resulting in death, disfigurement, etc., of another; penalties for multiple offenses; concurrent running of suspensions.

(1)  It is unlawful for any person to drive or otherwise operate a vehicle within this state who (a) is under the influence of intoxicating liquor; (b) is under the influence of any other substance which has impaired such person's ability to operate a motor vehicle; (c) has an alcohol concentration of ten one hundredths percent (.10%) or more for persons who are above the legal age to purchase alcoholic beverages under state law, or two one-hundredths percent (.02%) or more for persons who are below the legal age to purchase alcoholic beverages under state law, in the person's blood based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of such person's breath, blood or urine administered as authorized by this chapter; (d) is under the influence of any drug or controlled substance, the possession of which is unlawful under the Mississippi Controlled Substances Law; or (e) has an alcohol concentration of four one-hundredths percent (.04%) or more in the person's blood, based upon grams of alcohol per one hundred (100) milliliters of blood or grams of alcohol per two hundred ten (210) liters of breath as shown by a chemical analysis of such person's blood, breath or urine, administered as authorized by this chapter for persons operating a commercial motor vehicle.

(2) (a) Except as otherwise provided in subsection (3), upon conviction of any person for the first offense of violating subsection (1) of this section where chemical tests provided for under Section 63-11-5 were given, or where chemical test results are not available, such person shall be fined not less than Two Hundred Fifty Dollars ($250.00) nor more than One Thousand Dollars ($1,000.00), or imprisoned for not more than forty-eight (48) hours in jail or both; and the court shall order such person to attend and complete an alcohol safety education program as provided in Section 63-11-32.

The court may substitute attendance at a victim impact panel instead of forty-eight (48) hours in jail. In addition, the Department of Public Safety, the Commissioner of Public Safety or his duly authorized agent shall, after conviction and upon receipt of the court abstract, suspend the driver's license and driving privileges of such person for a period of not less than ninety (90) days and until such person attends and successfully completes an alcohol safety education program as herein provided; provided, however, in no event shall such period of suspension exceed one (1) year.

Commercial driving privileges shall be suspended as provided in Section 63-1-83.

The circuit court having jurisdiction in the county in which the conviction was had or the circuit court of the person's county of residence may reduce the suspension of driving privileges under Section 63-11-30(2) (a) if the denial of which would constitute a hardship on the offender, except that no court may issue such an order reducing the suspension of driving privileges under this subsection until thirty (30) days have elapsed from the effective date of the suspension. Hardships shall only apply to first offenses under Section 63-11-30(1), and shall not apply to second, third or subsequent convictions of any person violating subsection (1) of this section. A reduction of suspension on the basis of hardship shall not be available to any person who refused to submit to a chemical test upon the request of a law enforcement officer as provided in Section 63-11-5. When the petition is filed, such person shall pay to the circuit clerk of the court where the petition is filed a fee of Fifty Dollars ($50.00), which shall be deposited into the State General Fund to the credit of a special fund hereby created in the State Treasury to be used for alcohol or drug abuse treatment and education, upon appropriation by the Legislature. This fee shall be in addition to any other court costs or fees required for the filing of petitions.

The petition filed under the provisions of this subsection shall contain the specific facts which the petitioner alleges to constitute a hardship and the driver's license number of the petitioner. A hearing may be held on any petition filed under this subsection only after ten (10) days' prior written notice to the Commissioner of Public Safety, or his designated agent, or the attorney designated to represent the state. At such hearing, the court may enter an order reducing the period of suspension. The order entered under the provisions of this subsection shall contain the specific grounds upon which hardship was determined, and shall order the petitioner to attend and complete an alcohol safety education program as provided in Section 63-11-32. A certified copy of such order shall be delivered to the Commissioner of Public Safety by the clerk of the court within five (5) days of the entry of the order. The certified copy of such order shall contain information which will identify the petitioner, including, but not limited to, the name, mailing address, street address, social security number and driver's license number of the petitioner.

At any time following at least thirty (30) days of suspension for a first offense violation of this section, the court may grant the person hardship driving privileges upon written petition of the defendant, if it finds reasonable cause to believe that revocation would hinder the person's ability to:

(i) Continue his employment;

(ii) Continue attending school or an educational institution; or

(iii) Obtain necessary medical care.

Proof of the hardship shall be established by clear and convincing evidence which shall be supported by independent documentation.

(b) Except as otherwise provided in subsection (3), upon any second conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, such person shall be fined not less than Six Hundred Dollars ($600.00) nor more than One Thousand Five Hundred Dollars ($1,500.00), shall be imprisoned not less than five (5) days nor more than one (1) year and sentenced to community service work for not less than ten (10) days nor more than one (1) year. The minimum penalties shall not be suspended or reduced by the court and no prosecutor shall offer any suspension or sentence reduction as part of a plea bargain. Except as may otherwise be provided by paragraph (d) of this subsection, the Commissioner of Public Safety shall suspend the driver's license of such person for two (2) years. Suspension of a commercial driver's license shall be governed by Section 63-1-83. Upon any second conviction as described in this paragraph, the court shall ascertain whether the defendant is married, and if the defendant is married shall obtain the name and address of the defendant's spouse; the clerk of the court shall submit this information to the Department of Public Safety. Further, the commissioner shall notify in writing, by certified mail, return receipt requested, the owner of the vehicle and the spouse, if any, of the person convicted of the second violation of the possibility of forfeiture of the vehicle if such person is convicted of a third violation of subsection (1) of this section. The owner of the vehicle and the spouse shall be considered notified under this paragraph if the notice is deposited in the United States mail and any claim that the notice was not in fact received by the addressee shall not affect a subsequent forfeiture proceeding.

For any second or subsequent conviction of any person under this section, the person shall also be subject to the penalties set forth in Section 63-11-31.

(c) Except as otherwise provided in subsection (3), for any third or subsequent conviction of any person violating subsection (1) of this section, the offenses being committed within a period of five (5) years, such person shall be guilty of a felony and fined not less than Two Thousand Dollars ($2,000.00) nor more than Five Thousand Dollars $5,000.00), shall be imprisoned not less than one (1) year nor more than five (5) years in the State Penitentiary. The minimum penalties shall not be suspended or reduced by the court and no prosecutor shall offer any suspension or sentence reduction as part of a plea bargain. The law enforcement agency shall seize the vehicle operated by any person charged with a third or subsequent violation of subsection (1) of this section, if such convicted person was driving the vehicle at the time the offense was committed. Such vehicle may be forfeited in the manner provided by Sections 63-11-49 through 63-11-53. Except as may otherwise be provided by paragraph (e) of this subsection, the Commissioner of Public Safety shall suspend the driver's license of such person for five (5) years. The suspension of a commercial driver's license shall be governed by Section 63-1-83.

(d) Except as otherwise provided in subsection (3), any   person convicted of a second violation of subsection (1) of this section shall receive an in-depth diagnostic assessment, and if as a result of such assessment is determined to be in need of treatment of his alcohol and/or drug abuse problem, such person shall successfully complete treatment of his alcohol and/or drug abuse problem at a program site certified by the Department of Mental Health. Such person shall be eligible for reinstatement of his driving privileges upon the successful completion of such treatment after a period of one (1) year after such person's driver's license is suspended. Each person who receives a diagnostic assessment shall pay a fee representing the cost of such assessment. Each person who participates in a treatment program shall pay a fee representing the cost of such treatment.

(e) Except as otherwise provided in subsection (3), any person convicted of a third or subsequent violation of subsection (1) of this section shall receive an in-depth diagnostic assessment, and if as a result of such assessment is determined to be in need of treatment of his alcohol and/or drug abuse problem, such person shall enter an alcohol and/or drug abuse program approved by the Department of Mental Health for treatment of such person's alcohol and/or drug abuse problem. If such person successfully completes such treatment, such person shall be eligible for reinstatement of his driving privileges after a period of three (3) years after such person's driver's license is suspended.

(f) The Department of Public Safety shall promulgate rules and regulations for the use of interlock ignition devices as provided in Section 63-11-31 and consistent with the provisions therein. Such rules and regulations shall provide for the calibration of such devices and shall provide that the cost of the use of such systems shall be borne by the offender. The Department of Public Safety shall approve which vendors of such devices shall be used to furnish such   systems.

(3) (a) This subsection shall be known and may be cited as Zero Tolerance for Minors. The provisions of this subsection shall apply only when a person under the age of twenty-one (21) years has a blood alcohol concentration two one-hundredths percent (.02%) or more, but lower than eight one-hundredths percent (.08%). If such person's blood alcohol concentration is eight one-hundredths percent (.08%) or more, the provisions of subsection (2) shall apply.

(b) Upon conviction of any person under the age of twenty-one (21) years for the first offense of violating subsection (1) of this section where chemical tests provided for under Section 63-11-5 were given, or where chemical test results are not available, such person shall have his driver's license suspended for ninety (90) days and shall be fined Two Hundred Fifty Dollars ($250.00); and the court shall order such person to attend and complete an alcohol safety education program as provided in Section 63-11-32. The court may also require attendance at a victim impact panel.

The circuit court having jurisdiction in the county in which the conviction was had or the circuit court of the person's county of residence may reduce the suspension of driving privileges under Section 63-11-30(2)(a) if the denial of which would constitute a hardship on the offender, except that no court may issue such an order reducing the suspension of driving privileges under this subsection until thirty (30) days have elapsed from the effective date of the suspension. Hardships shall only apply to first offenses under Section 63-11-30(1), and shall not apply to second, third or subsequent convictions of any person violating subsection (1) of this section. A reduction of suspension on the basis of hardship shall not be available to any person who refused to submit to a chemical test upon the request of a law enforcement officer as provided in Section 63-11-5. When the petition is filed, such person shall pay to the circuit clerk of the court where the petition is filed a fee of Fifty Dollars ($50.00), which shall be deposited into the State General Fund to the credit of a special fund hereby created in the State Treasury to be used for alcohol or drug abuse treatment and education, upon appropriation by the Legislature. This fee shall be in addition to any other court costs or fees required for the filing of petitions.

The petition filed under the provisions of this subsection shall contain the specific facts which the petitioner alleges to constitute a hardship and the driver's license number of the petitioner. A hearing may be held on any petition filed under this subsection only after ten (10) days' prior written notice to the Commissioner of Public Safety, or his designated agent, or the attorney designated to represent the state. At such hearing, the court may enter an order reducing the    period of suspension.

The order entered under the provisions of this subsection shall contain the specific grounds upon which hardship was determined, and shall order the petitioner to attend and complete an alcohol safety education program as provided in Section 63-11-32. A certified copy of such order shall be

delivered to the Commissioner of Public Safety by the clerk of the court within five (5) days of the entry of the order. The certified copy of such order shall contain information which will identify the petitioner, including, but not limited to, the name, mailing address, street address, social security number and driver's license number of the petitioner.

At any time following at least thirty (30) days of suspension for a first offense violation of this section, the court may grant the person hardship driving privileges upon written petition of the defendant, if it finds reasonable cause to believe that revocation would hinder the person's ability to:

(i) Continue his employment;

(ii) Continue attending school or an educational institution; or

(iii) Obtain necessary medical care.

Proof of the hardship shall be established by clear and convincing evidence which shall be supported by independent documentation.

(c) Upon any second conviction of any person under the age of twenty-one (21) years violating subsection (1) of this section, the offenses being committed within a period of five (5) years, such person shall be fined not more than Five Hundred Dollars ($500.00) and shall have his driver's license suspended for one (1) year.

(d) For any third or subsequent conviction of any person under the age of twenty-one (21) years violating subsection (1) of this section, the offenses being committed within a period of five (5) years, such person shall be fined not more than One Thousand Dollars ($1,000.00) and shall have his driver's license suspended until he reaches the age of twenty-one (21) or for two (2) years, whichever is longer.

(e) Any person under the age of twenty-one (21) years convicted of a second violation of subsection (1) of this section, may have the period that his driver's license is suspended reduced if such person receives an in-depth diagnostic assessment, and as a result of such assessment is determined to be in need of treatment of his alcohol and/or drug abuse problem and successfully completes treatment of his alcohol and/or drug abuse problem at a program site certified by the Department of Mental Health. Such person shall be eligible for reinstatement of his driving privileges upon the successful completion of such treatment after a period of six (6) months after such person's driver's license is suspended. Each person who receives a diagnostic assessment shall pay a fee representing the cost of such assessment. Each person who participates in a treatment program shall pay a fee representing the cost of such treatment.

(f) Any person under the age of twenty-one (21) years convicted of a third or subsequent violation of subsection (1) of this section shall complete treatment of an alcohol and/or drug abuse program at a site certified by the Department of Mental Health.

(g) The court shall have the discretion to rule that a first offense of this subsection by a person under the age of twenty-one (21) years shall be nonadjudicated. Such person shall be eligible for nonadjudication only once. The Department of Public Safety shall maintain a confidential registry of all cases which are nonadjudicated as provided in this paragraph. A judge who rules that a case is nonadjudicated shall forward such ruling to the Department of Public Safety. Judges and prosecutors involved in implied consent violations shall have access to the confidential registry for the purpose of determining nonadjudication eligibility. A record of a person who has been nonadjudicated shall be maintained for five (5) years or until such person reaches the age of twenty-one (21) years. Any person whose confidential record has been disclosed in violation of this paragraph shall have a civil cause of action against the person and/or agency responsible for such disclosure.

 (4) In addition to the other penalties provided in this section, every person refusing a law enforcement officer's request to submit to a chemical test of his breath as provided in this chapter, or who was unconscious at the time of a chemical test and refused to consent to the introduction of the results of such test in any prosecution, shall suffer an additional suspension of driving privileges as follows:

The Commissioner of Public Safety or his authorized agent shall suspend the driver's license or permit to drive or deny the issuance of a license or permit to such person as provided for first, second and third or subsequent offenders in subsection (2) of this section. Such suspension shall be in addition to any suspension imposed pursuant to subsection (1) of Section 63-11-23. The minimum suspension imposed under this subsection shall not be reduced and no prosecutor is authorized to offer a reduction of such suspension as part of a plea bargain

(5) Every person who operates any motor vehicle in violation of the provisions of subsection (1) of this section and who in a negligent manner causes the death of another or mutilates, disfigures, permanently disables or destroys the tongue, eye, lip, nose or any other limb, organ or member of another shall, upon conviction, be guilty of a felony and shall be committed to the custody of the State Department of Corrections for a period of time of not less than five (5) years and not to exceed twenty-five (25) years.

(6) Upon conviction of any violation of subsection (1) of this section, the trial judge shall sign in the place provided on the traffic ticket, citation or affidavit stating that the person arrested either employed an attorney or waived his right to an attorney after having been properly advised. If the person arrested employed an attorney, the name, address and telephone number of the attorney shall be written on the ticket, citation or affidavit. The judge shall cause a copy of the    traffic ticket, citation or affidavit, and any other pertinent documents concerning the conviction, to be sent to the Commissioner of Public Safety. A copy of the traffic ticket, citation or affidavit and any other pertinent documents, having been attested as true and correct by the Commissioner of Public Safety, or his designee, shall be sufficient proof of the conviction for purposes of determining the enhanced penalty for any subsequent convictions of violations of

subsection (1) of this section.

(7) Convictions in other states of violations for driving or operating a vehicle while under the influence of an intoxicating liquor or while under the influence of any other substance that has impaired the person's ability to operate a motor vehicle occurring after July 1, 1992, shall be counted for the purposes of determining if a violation of subsection (1) of this section is a first, second, third or subsequent offense and the penalty that shall be imposed upon conviction for a violation of subsection (1) of this section.

(8) For the purposes of determining how to impose the sentence for a second, third or subsequent conviction under this section, the indictment shall not be required to enumerate previous convictions. It shall only be necessary that the indictment state the number of times that the defendant has been convicted and sentenced within the past five (5) years under this section to determine if an enhanced penalty shall be imposed. The amount of fine and imprisonment imposed in previous convictions shall not be considered in calculating offenses to determine a second, third or subsequent offense of this section.

(9) Any person under the legal age to obtain a license to operate a motor vehicle convicted under this section shall not be eligible to receive such license until the person reaches the age of eighteen (18) years.

(10)Suspension of driving privileges for any person convicted of violations of Section 63-11-30(1) shall run consecutively.

(11)The court may order the use of any ignition interlock device as provided in Section 63-11-31.

 

Sources: Laws, 1981, ch. 491, § 6; Laws, 1983, ch. 466, §§ 7, 13; Laws, 1989, ch. 565, § 1; Laws,  1991, ch. 480, § 6; Laws, 1992, ch. 500, § 1; Laws, 1994, ch. 340, § 4; Laws, 1995, ch. 540, § 1;  Laws, 1996, ch. 527, § 11; Laws, 1998, ch. 505, § 2; Laws, 2000, ch. 542, § 3, eff from and after

Sept. 1, 2000.

 

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§ 99-15-26. Dismissal of action upon successful completion of certain court-imposed conditions.

 

(1) In all criminal cases, felony and misdemeanor, other than crimes against the person, the circuit or county 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 subdivision (2) of this section. No person having previously qualified under the provisions of this section or having ever been convicted of a felony shall be eligible to qualify for release in accordance with this section. A person shall not be eligible to qualify for release in accordance with this section if such person has been charged (a) with an offense pertaining to the sale, barter, transfer, manufacture, distribution or dispensing of a controlled substance, or the possession with intent to sell, barter, transfer, manufacture, distribute or dispense a controlled substance, as provided in Section 41-29-139(a)(1), Mississippi Code of 1972, except for a charge under said provision when the controlled substance involved is one (1) ounce or less of marihuana; (b) with an offense pertaining to the possession of one (1) kilogram or more of marihuana as provided in Section 41-29-139(c)(2)(D), Mississippi Code of 1972; or (c) with an offense under the Mississippi Implied Consent Law.

(2) Conditions which the circuit or county court may impose under subdivision (1) of this section shall consist of:

(a) Reasonable restitution to the victim of the crime.

(b) Performance of not more than nine hundred sixty (960) hours of public service work approved by the court.

(c) Payment of a fine not to exceed the statutory limit.

(d) The court may, in its discretion, require the defendant to remain in the program subject to good behavior for a period of time not to exceed five (5) years.

(3)Upon successful completion of the court-imposed conditions permitted by subdivision (2) of this section, the court shall direct that the cause be dismissed and the case be closed.

(4) The court may 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.

(5) This section shall take effect and be in force from and after March 31, 1983.

Sources: Laws, 1983, ch. 446, §§ 1-4; Laws, 1987, ch. 364; Laws, 1989, ch. 565, § 2; Laws, 1996, ch. 391, § 1; Laws, 1996, ch. 454, § 3, eff from and after July 2, 1996.

 

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§ 99-15-101. Citation of § 99-15-101 through 99-15-127.

 

Sections 99-15-101 through 99-15-127 shall be known and may be cited as the "Pretrial Intervention Act."

Sources: Laws, 1983, ch. 445, § 1; reenacted without change, 1987, ch. 329, § 1, eff from and after July 1, 1987.

 

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§ 99-15-103. Definitions.

For purposes of Sections 99-15-101 through 99-15-127, the following words shall have the meaning ascribed herein unless the context shall otherwise require:

(a) "Prosecutorial discretion" means the power of the district attorney to consider all circumstances of criminal proceedings and to determine whether any legal action is to be taken and, if so taken, of what kind and degree and to what

conclusion.

(b) "Noncriminal disposition" means the dismissal of a criminal charge without prejudice to the state to reinstate criminal proceedings on motion of the district attorney.

Sources: Laws, 1983, ch. 445, § 2; reenacted, 1987, ch. 329, § 2, eff from and after July 1, 1987.

 

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§ 99-15-105. Establishment of pretrial intervention program; role of district attorney; application.

 

(1) Each district attorney, with the consent of a circuit court judge of his district, shall have the prosecutorial discretion as defined herein and may as a matter of such prosecutorial discretion establish a pretrial intervention program in the circuit court districts.

(2) A pretrial intervention program shall be under the direct supervision and control of the district attorney.

(3) An offender must make application to an intervention program within the time prescribed by the district attorney.

Sources: Laws, 1983, ch. 445, § 3; reenacted, 1987, ch. 329, § 3, eff from and after July 1, 1987.

 

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§ 99-15-107. Ineligibility for intervention. 

A person shall not be considered for intervention if he or she has previously been accepted into an intervention program nor shall intervention be considered for those individuals charged with any crime of violence including, but not limited to murder, aggravated assault, rape, armed robbery, manslaughter or burglary of a dwelling house. 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 the sale, barter, transfer, manufacture, distribution or dispensing of a controlled substance, or the possession with intent to sell, barter, transfer, manufacture, distribute or dispense a controlled substance, as provided in Section 41-29-139(a)(1), Mississippi Code of 1972, except for a charge under said provision when the controlled substance involved is one (1) ounce or less of marihuana; or (b) with an offense pertaining to the possession of one (1) kilogram or more of marihuana as provided in Section 41-29-139(c)(2)(D), Mississippi Code of 1972.

Sources: Laws, 1983, ch. 445, § 4; reenacted, 1987, ch. 329, § 4, eff from and after July 1, 1987.

 

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§ 99-15-109. Conditions when intervention is appropriate. 

(1) Intervention shall be appropriate only when:

(a) The offender is eighteen (18) years of age or older;

(b) There is substantial likelihood that justice will be served if the offender is placed in an intervention program;

(c) It is determined that the needs of the offender and the state can better be met outside the traditional criminal justice process;

(d) It is apparent that the offender poses no threat to the community;

(e) It appears that the offender is unlikely to be involved in further criminal activity;

(f) The offender, in those cases where it is required, is likely to respond quickly to rehabilitative treatment;

(g) The offender has no significant history of prior delinquency or criminal activity;

(h) The offender has been indicted and is represented by an attorney; and

(i) The court has determined that the office of district attorney or the department of corrections has sufficient support staff to administer such intervention program.

(2) When jurisdiction in a case involving a child is acquired by the circuit court pursuant to a transfer from the youth court, the provision of subsection (1)(a) of this section shall not be applicable.

Sources: Laws, 1983, ch. 445, § 5; reenacted, 1987, ch. 329, § 5, eff from and after July 1, 1987.

 

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§ 99-15-111. Information required from offender prior to admittance into program.

Prior to admittance of an offender into an intervention program, the district attorney may require the offender to furnish information concerning the offender's past criminal record, education and work record, family history, medical or psychiatric treatment or care received, psychological tests taken and other information which, in the district attorney's opinion, bears on the decision as to whether the offender should be admitted.

Sources: Laws, 1983, ch. 445, § 6; reenacted, 1987, ch. 329, § 6, eff from and after July 1, 1987.

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§ 99-15-113. Recommendations of victim and law enforcement agency as to offender's admittance into program.

Prior to any person's admittance to a pretrial intervention program the victim, if any, of the crime for which the applicant is charged and the law enforcement agency employing the arresting officer shall be asked to comment in writing as to whether or not the applicant should be allowed to enter an intervention program. In each case involving admission to an intervention program, the district attorney and a circuit court judge of his district shall consider the recommendations of the law enforcement agency and the victim,  if any,  in making a decision.

Sources: Laws, 1983, ch. 445, § 7; reenacted, 1987, ch. 329, § 7, eff from and after July 1, 1987.

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§ 99-15-115. Waiver and agreements required of offender who enters program.

An offender who enters an intervention program shall:

(a) Waive, in writing and contingent upon his successful completion of the program, his or her right to a speedy trial;

(b) Agree, in writing, to the tolling while in the program of all periods of limitation established by statutes or rules of court;

(c) Agree, in writing, to the conditions of the intervention program established by the district attorney which shall not require or include a guilty plea;

(d) In the event there is a victim of the crime, agree, in writing, to make restitution to the victim within a specified period of time and in an amount to be determined by the district attorney and approved by the court; and

(e) Agree, in writing, to waive extradition.

Sources: Laws, 1983, ch. 445, § 8; reenacted, 1987, ch. 329, § 8, eff from and after July 1, 1987.

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§ 99-15-117. Agreement between district attorney and offender outlining terms of program; approval by court.

In any case in which an offender agrees to an intervention program, a specific agreement shall be made between the district attorney and the offender. This agreement shall include the terms of the intervention program, the length of the program, which shall not exceed three (3) years, and a section therein stating the period of time after which the prosecutor will either dismiss the charge or seek a conviction based upon that charge. The agreement shall be signed by the offender and his or her counsel and filed in the district attorney's office. Before an offender is admitted to an intervention program, the court having jurisdiction of the charge must approve of the offender's admission to the program and the terms of the agreement.

Sources: Laws, 1983, ch. 445, § 9; reenacted, 1987, ch. 329, § 9, eff from and after July 1, 1987.

 

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§ 99-15-119. Written reports retained for all   offenders accepted into program; information furnished to Mississippi Justice Information Center.

 

In all cases where an offender is accepted for intervention a written report shall be made and retained on file in the district attorney's office, regardless of whether or not the offender successfully completes the intervention program. The district attorney shall furnish to the Mississippi Justice Information Center personal identification information on each person accepted for intervention. This information shall only be released by the Mississippi Justice Information Center in those cases where a district attorney inquires as to whether a person has previously been accepted into an intervention program.

Sources: Laws, 1983, ch. 445, § 10; reenacted, 1987, ch. 329, § 10, eff from and after July 1, 1987.

 

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§ 99-15-121. Restitution required prior to completion of program.

 

Prior to the completion of the pretrial intervention program the offender shall make restitution, as determined by the district attorney and approved by the court, to the victim, if any, and shall pay any expenses to the administrator of this program which are incurred as a result of his participation in the program. The amount of such expenses shall be determined by the district attorney and made part of the initial agreement between the district attorney and the

offender.

Sources: Laws, 1983, ch. 445, § 11; reenacted, 1987, ch. 329, § 11, eff from and after July 1, 1987.

 

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§ 99-15-123. Disposition of charges upon successful completion of program; violation of program agreement by offender.

 

(1)  In the event an offender successfully completes a pretrial intervention program, the district attorney, with the approval of a circuit court judge of his district, may make a noncriminal disposition of the charge or charges pending against the offender.

(2) In the event the offender violates the conditions of the program agreement: (a) the district attorney may terminate the offender's participation in the program, (b) the waiver executed pursuant to Section 99-15-115 shall be void on the date the offender is removed from the program for the violation, and (c) the prosecution of pending criminal charges against the offender shall be resumed by the district attorney.

Sources: Laws, 1983, ch. 445, § 12; reenacted, 1987, ch. 329, § 12, eff from and after July 1, 1987.

 

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§ 99-15-125. Law enforcement officer precluded from referring to program as inducement to any statement, confession or waiver by offender; exception.

 

No law enforcement officer shall refer to, mention and/or offer participation in this program as an inducement to any statement, confession or waiver of any constitutional rights of any person accused of a crime except those enumerated in Section 99-15-115.

Sources: Laws, 1983, ch. 445, § 13; reenacted, 1987, ch. 329, § 13, eff from and after July 1, 1987.

 

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§ 99-15-127. Department of corrections, division of community services to support program.


The Department of Corrections, Division of Community   Corrections, is hereby directed to support Sections 99-15-101 through 99-15-127 to the extent that field support personnel are available in circuit court districts, and the Commissioner of Corrections shall certify to the court that the Division of Community Services has sufficient field parole officers to supervise and oversee those individuals who may be placed in this program by the court.

Sources: Laws, 1983, ch. 445, § 14; reenacted, 1987, ch. 329, § 14, eff from and after July 1, 1987.

 

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§ 99-20-1. Short title; purpose.

 

This chapter shall be known as the Mississippi Community Service Restitution Act. The purpose of this chapter is to provide an alternative method of punishment in cases in which the defendant would have otherwise been sentenced to a term of imprisonment.

Sources: Laws, 1983, ch. 447, § 1; reenacted, 1987, ch. 367, § 1, eff from and after July 1, 1987.

 

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§ 99-20-3. Participation in community service restitution program.

 

Any defendant who qualifies for participation as set out in this chapter, shall be entitled to participate in a community service restitution program. Any convicted defendant who, having been sentenced prior to July 1, 1983, and who qualifies for participation in the program herein established, may petition the circuit court of the county of his conviction to be sentenced under the provisions of this chapter.

Sources: Laws, 1983, ch. 447, § 2; reenacted, 1987, ch. 367, § 2, eff from and after July 1, 1987.

 

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§ 99-20-5. Qualifications for participation in program.

 

In order to qualify for participation in a community service restitution program, the defendant must: (a) be a first offender, (b) be convicted of a nonviolent offense that would constitute a felony and (c) not have drug, alcohol or emotional problems so serious that he or she appears unlikely to be able to meet the obligations of the community service sentence.

Sources: Laws, 1983, ch. 447, § 3; reenacted, 1987, ch. 367, § 3; Laws, 1999, ch. 382, § 1, eff from and after July 1, 1999.

 

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§ 99-43-1. Short title and purpose.

 

This chapter may be cited as the "Mississippi Crime Victims' Bill of Rights." The purpose of this chapter is to ensure the fair and compassionate treatment of victims of crime, to increase the effectiveness of the criminal justice system by affording rights and considerations to the victims of crime, and to preserve and protect victims' rights to justice and fairness in the criminal justice system.

Sources: Laws, 1998, ch. 577, § 1, eff from and after January 1, 1999.

 

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§ 99-43-11.  Prosecutor's duty to confer with victim prior to disposition.

 

The prosecuting attorney shall confer with the victim prior to the final disposition of a criminal offense, including the views of the victim about a nol pros, reduction of charge, sentence recommendation, and pre-trial diversion programs.

Sources: Laws, 1998, ch. 577, § 6, eff from and after January 1, 1999.

 

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§ 99-43-21.   Right to be present at criminal proceedings.

 

The victim has the right to be present throughout all criminal proceedings as defined in Section 99-43-1.

Sources: Laws,  1998, ch.  577, § 11, eff from and after January 1, 1999. 

 

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§ 99-43-27.Negotiated plea agreements; notice and presence.

 

The victim has the right to be present at any proceeding at which a negotiated plea for the person accused of committing the criminal offense against the victim will be presented to the court.  The court shall not accept a plea agreement unless:

(a)  The prosecuting attorney advises the court that, before requesting the negotiated plea, reasonable efforts were made to confer with the victim.

(b) Reasonable efforts were made to give the victim notice of the plea proceeding, including the offense to which the defendant will plead guilty, the date that the plea will be   presented to the court, the terms of any sentence agreed to as part of the negotiated plea, and that the victim has the right to be present.

Sources: Laws,  1998, ch.  577, § 14, eff from and after January 1, 1999. 

 

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§ 99-43-29.  Notice regarding disposition and sentencing.

 

The prosecuting attorney shall provide to the victim the date of a conviction, acquittal, or dismissal of the charges filed against the defendant and prior to sentencing, when applicable, notice of the following:

(a) The criminal offense for which the defendant was convicted, acquitted, or the effect of a dismissal of the charges filed against the defendant.

(b) If the defendant is convicted, on request, the victim shall be notified, if applicable, of the following:

(i)  The existence and function of the pre-sentence report.

(ii)  The name, address, and telephone number of the office which is preparing the pre-sentence report.

(iii)  The right to make a victim impact statement.

iv)  The right of the defendant to view the pre-sentence report.

(v)  The right to be present and be heard at any sentencing proceeding.

vi)  The time, place and date of the sentencing proceeding.

(vii)  If the court orders restitution, the right to pursue collection of the restitution as provided by Section 99-37-1 et seq., Mississippi Code of 1972.

Sources: Laws,  1998, ch.  577, § 15, eff from and after January 1, 1999. 

 

 

 § 99-43-31. Victim impact statements to probation officers; duty to consider victim impact.

The victim may submit a written impact statement or make an oral impact statement to the probation officer for use in preparing a pre-sentence report. The probation officer shall consider the economic, physical, and psychological impact that the criminal offense has had on the victim and the immediate family of the victim.

Sources: Laws, 1998, ch. 577, § 16, eff from and after January 1, 1999.

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