SB 2841 — Re-entry and employability; implement mechanisms to provide.

SB2841 (As SentPassed tothe Governor)Senate) - 2018 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Senator(s) Barnett, Frazier, Jackson (11th), Jackson (32nd), Jordan, Simmons (13th), Witherspoon Senate Bill 2841 (As SentPassed tothe Governor)Senate) AN ACT TO AMEND SECTION 63-1-71, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT A PERSON'S LICENSE BE SUSPENDED FOR A CONTROLLED SUBSTANCE VIOLATION THAT IS UNRELATED TO OPERATING A MOTOR VEHICLE;

TO AMENDBRING SECTIONFORWARD 9-23-13,SECTIONS MISSISSIPPI63-1-46, CODE9-23-13, OF47-7-33, 1972,47-7-49 TOAND REQUIRE47-7-40, ALLMISSISSIPPI DRUGCODE COURTSOF TO1972, MAKE AVAILABLE THE OPTION FOR PARTICIPANTSPURPOSES INOF AAMENDMENT; DRUG COURT PROGRAM TO USE MEDICATION-ASSISTED TREATMENT WHILE PARTICIPATING IN A DRUG COURT PROGRAM;

TO AMEND SECTION 47-7-49, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN OFFENDER SHALL MAKE HIS OR HER INITIAL PAYMENT FOR SUPERVISION FEES WITHIN 90 DAYS RATHER THAN 30 DAYS OF BEING RELEASED;

TO PROVIDE CERTAIN CRITERIA FOR A DETERMINATION OF INDIGENCE FOR AN OFFENDER WHO IS UNABLE TO PAY FIELD SUPERVISION FEES AND TO EXTEND THE DATE OF REPEAL ON THIS SECTION;

TO AMEND SECTION 47-7-40, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN OFFENDER SHALL NOT BE DENIED EARNED-DISCHARGE CREDITS SOLELY BASED ON NONPAYMENT OF FEES OR FINES IF A DETERMINATION OF INDIGENCE IS MADE;

     SECTION 2.  Section 9-23-13,63-1-46, Mississippi Code of 1972, is amendedbrought forward as follows:

     63-1-46.  (1)  (a)  Except as otherwise provided in this section, a fee of One Hundred Dollars ($100.00) shall be charged for the reinstatement of a license issued under this article to every person whose license has been validly suspended, revoked or cancelled.

          (b)  The funds received under the provisions of this subsection shall be distributed as follows:

              (i)  Twenty-five Dollars ($25.00) shall be deposited into the State General Fund in accordance with Section 45-1-23;

              (ii)  Twenty-five Dollars ($25.00) shall be paid to the Board of Trustees of the Public Employees' Retirement System for funding the Mississippi Highway Safety Patrol Retirement System as provided under Section 25-13-7;

              (iii)  Twenty-five Dollars ($25.00) shall be deposited into the special fund created in Section 63-1-45(3) for purchases of equipment by the Mississippi Highway Safety Patrol;

and               (iv)  Twenty-five Dollars ($25.00) shall be deposited into the Interlock Device Fund created in Section 63-11-33.

     (2)  (a)  A fee of One Hundred Seventy-five Dollars ($175.00) shall be charged for the reinstatement of a license issued under this article to every person whose license has been validly suspended or revoked under the provisions of the Mississippi Implied Consent Law or as a result of a conviction of a violation of the Uniform Controlled Substances Law under the provisions of Section 63-1-71.

          (b)  The funds received under the provisions of this subsection shall be distributed as follows:

              (i)  One Hundred Dollars ($100.00) shall be deposited into the State General Fund in accordance with Section 45-1-23;

              (ii)  Twenty-five Dollars ($25.00) shall be paid to the Board of Trustees of the Public Employees' Retirement System for funding the Mississippi Highway Safety Patrol Retirement System as provided under Section 25-13-7;

              (iii)  Twenty-five Dollars ($25.00) shall be deposited into the special fund created in Section 63-1-45(3) for purchases of equipment by the Mississippi Highway Safety Patrol;

and               (iv)  Twenty-five Dollars ($25.00) shall be deposited into the Interlock Device Fund created in Section 63-11-33.

     (3)  (a)  A fee of Twenty-five Dollars ($25.00) shall be charged for the reinstatement of a license issued under this article to every person whose license has been validly suspended for nonpayment of child support under the provisions of Sections 93-11-151 through 93-11-163.  The funds received under the provisions of this subsection shall be deposited into the State General Fund in accordance with Section 45-1-23.

          (b)  The procedure for the reinstatement of a license issued under this article that has been suspended for being out of compliance with an order for support, as defined in Section 93-11-153, and the payment of any fees for the reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be.

     (4)  A fee of Twenty-five Dollars ($25.00) will be charged for the reinstatement of a license that was suspended due to payment by a draft or other instrument that is dishonored by the payor.

     (5)  All reinstatement fees charged under this section shall be in addition to the fees prescribed in Section 63-1-43.

     SECTION 3.  Section 9-23-13, Mississippi Code of 1972, is brought forward as follows:

     (3) SECTION In4.  accordanceSection with47-7-33, theMississippi recommendationsCode of the1972, Nationalis Drugbrought Courtforward Instituteas tofollows: combat the opioid epidemic, all drug courts shall make available the option for participants to use medication-assisted treatment while participating in the drug court program.

     SECTION47-7-33.  3. (1)  SectionWhen 47-7-49,it appears to the satisfaction of any circuit court or county court in the State of Mississippi Codehaving original jurisdiction over criminal actions, or to the judge thereof, that the ends of 1972,justice and the best interest of the public, as well as the defendant, will be served thereby, such court, in termtime or in vacation, shall have the power, after conviction or a plea of guilty, except in a case where a death sentence or life imprisonment is amendedthe maximum penalty which may be imposed, to suspend the imposition or execution of sentence, and place the defendant on probation as follows: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.

     47-7-49. (2)  (1) When Anyany offendercircuit onor probation,county parole,court earned-releaseplaces supervision,an post-release supervision, earned probation or any other offender underon theprobation, field supervision of the Communitycourt Services Division of the department shall paygive notice to the departmentMississippi theDepartment sum of Fifty-fiveCorrections Dollarswithin ($55.00)fifteen per(15) monthdays by certified check or money order unless a * * *hardship waiver is granted determination of indigencethe iscourt's made. decision Anto offenderplace shall make the initialoffender paymenton within * * *thirtyprobation.  (30)Notice ninety (90) days after being released from imprisonment unless a * * *hardship waiver is granted determination of indigence is made.  A * * *hardship waiver may determination of indigence shall be granteddelivered byto the sentencingcentral courtoffice orof the Mississippi Department of Corrections and to any individual meeting the requirementsregional inoffice subsection (3) of thisthe section. * * *department Awhich hardshipwill waiver may not be grantedproviding forsupervision ato periodthe ofoffender timeon exceedingprobation. ninety (90) days.

The     commissioner(3)  When any circuit court or hiscounty designeecourt shallplaces deposita Fiftyperson Dollarson ($50.00)probation in accordance with the provisions of eachthis paymentsection receivedand intothat aperson specialis fundordered into themake Stateany Treasury,payments whichto ishis herebyfamily, created,if any member of his family whom he is ordered to besupport knownis asreceiving thepublic Communityassistance Servicethrough Revolvingthe Fund. State ExpendituresDepartment fromof thisHuman fundServices, the court shall beorder madehim for: to (a)make such payments to the establishmentcounty welfare officer of restitutionthe county rendering public assistance to his family, for the sole use and satellitebenefit centers;of said family.

     SECTION 5.  Section 47-7-49, Mississippi Code of 1972, is brought forward as follows:

     47-7-49.  (1)  Any offender on probation, parole, earned-release supervision, post-release supervision, earned probation or any other offender under the field supervision of the Community Services Division of the department shall pay to the department the sum of Fifty-five Dollars ($55.00) per month by certified check or money order unless a hardship waiver is granted.  An offender shall make the initial payment within thirty (30) days after being released from imprisonment unless a hardship waiver is granted.  A hardship waiver may be granted by the sentencing court or the Department of Corrections.  A hardship waiver may not be granted for a period of time exceeding ninety (90) days.  The commissioner or his designee shall deposit Fifty Dollars ($50.00) of each payment received into a special fund in the State Treasury, which is hereby created, to be known as the Community Service Revolving Fund.  Expenditures from this fund shall be made for:  (a) the establishment of restitution and satellite centers;

     (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 * * *and the court so findsfinds. a finding of indigence is made by the court in writing.

     (3)  WhenThis determiningsection whether a person is indigent, the Department of Corrections' Community Corrections Division or the court shall usestand therepealed current Federal Poverty Guidelines and there shall be a presumption of indigence when a defendant's income is at or below one hundred twenty-five percent (125%) of the Federal Poverty Guidelines, subject to a review of his or her assets.  An offender at or below one hundred twenty-five percent (125%) of the Federal Poverty Guidelines without substantial liquid assets available to pay fines, fees, and costs shall be deemed indigent.  In determining whether an offender has substantial liquid assets, up to Ten Thousand Dollars ($10,000.00) in tangible personal property, including motor vehicles, household goods, or any other assets exempted from seizure under execution or attachment, as provided under Section 85-3-1, shall not be considered.  If the offender is above one hundred twenty-five percent (125%) of the Federal Poverty Guidelines, an individualized assessment of his or her ability to pay based on the totality of the circumstances shall be made, including, but not limited to, the offender's disposable income, financial obligations and liquidafter assets. June If30, a2018. determination of indigence is not made and it is determined that the defendant could have made payment but refused to do so, the case file shall include a written explanation of the basis for the determination.  In court, such finding shall be included in the court's order.

     (4) SECTION Absent6.  aSection finding47-7-40, ofMississippi willfulCode nonpayment using a determination of indigence,1972, ais probationerbrought orforward parolee'sas failurefollows: to pay the monthly fees in arrears shall not be deemed a violation of a condition of parole or probation, and the participant shall not be revoked for failure to pay the monthly fees in arrears.

     ( * * *35) 47-7-40.  This(1)  sectionThe commissioner shall standestablish repealedrules fromand regulations for implementing the earned-discharge program that allows offenders on probation and afterparole Juneto 30, * * *2018reduce 2021.the period of supervision for complying with conditions of probation.  The department shall have the authority to award earned-discharge credits to all offenders placed on probation, parole, or post-release supervision who are in compliance with the terms and conditions of supervision.  An offender serving a Mississippi sentence for an eligible offense in any jurisdiction under the Interstate Compact for Adult Offender Supervision shall be eligible for earned-discharge credits under this section.

     SECTION 4.  Section 47-7-40, Mississippi Code of 1972, is amended as follows:

     47-7-40.  (1)  The commissioner shall establish rules and regulations for implementing the earned-discharge program that allows offenders on probation and parole to reduce the period of supervision for complying with conditions of probation.  The department shall have the authority to award earned-discharge credits to all offenders placed on probation, parole, or post-release supervision who are in compliance with the terms and conditions of supervision.  An offender serving a Mississippi sentence for an eligible offense in any jurisdiction under the Interstate Compact for Adult Offender Supervision shall be eligible for earned-discharge credits under this section.  Offenders shall not be denied earned-discharge credits solely based on nonpayment of fees or fines if a determination of indigence can be made according to the guidelines in Section 47-7-49.

     SECTION 5. 7.  This act shall take effect and be in force from and after itsJuly passage.1, 2018, and shall stand repealed on June 30, 2018.