SB 2123 — "Mississippi Correctional Safety and Rehabilitation Act of 2020"; enact.

SB2123 (As PassedSent theto Senate)Governor) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Senator(s) Barnett, Simmons (12th), Thomas, Jackson (32nd), Simmons (13th) Senate Bill 2123 (As PassedSent theto Senate)Governor) AN ACT ENTITLED THE "MISSISSIPPI CORRECTIONAL SAFETY AND REHABILITATION ACT OF 2020";

TO REENACT AND AMEND SECTION 47-7-3.1, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR INMATE CASE PLANNING AND TO PRESCRIBE DATES FOR THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO COMPLETE CASE PLANS FOR PAROLE-ELIGIBLE INMATES TO ENSURE THAT THE PLAN IS ACHIEVABLE;

TO REENACT AND AMEND SECTION 47-7-3.2, MISSISSIPPI CODE OF 1972, TO PROVIDE A MINIMUM TIME OFFENDERS CONVICTED OF A CRIME OF VIOLENCE MUST SERVE BEFORE RELEASE AND A MINIMUM PERCENTAGE OF OTHER SENTENCES OTHER OFFENDERS MUST SERVE BEFORE RELEASE;

TO BRING FORWARD SECTION 47-7-33.1, MISSISSIPPI CODE OF 1972, REGARDING DEPARTMENT DISCHARGE PLANS FOR RELEASED INMATES;

TO REPEAL SECTION 47-7-3.2, MISSISSIPPI CODE OF 1972, WHICH PROVIDES A MINIMUM TIME OFFENDERS CONVICTED OF A CRIME OF VIOLENCE MUST SERVE BEFORE RELEASE AND A MINIMUM PERCENTAGE OF OTHER SENTENCES OTHER OFFENDERS MUST SERVE BEFORE RELEASE;

          (a)  Habitual offenders.  NoNo * * * prisoner * * *prisoner convicted person sentenced as a confirmed and habitual criminal under the provisions of Sections 99-19-81 through 99-19-87 shall be eligible for parole;

          ( * * *dc)  Sentences of life imprisonment without eligibility for parole.  No person shall be eligible for parole who, on or after July 1, 1994, is * * * charged, tried, convicted and sentenced to life imprisonment without eligibility for parole under the provisions of Section 99-19-101;

          ( * * *ed)  Convictions that specifically prohibit parole.  No person shall be eligible for parole who is * * * charged, tried, convicted and sentenced to life imprisonment under the provisions of Section 99‑19‑101 convicted of an offense that specifically prohibits parole release;

          ( * * *ge)  ParoleParole.  for violent, nonviolent offenses.  (i) * * *  No person who, on or after July 1, 2014, is convicted of a crime of violence pursuant to Section 97‑3‑2, a sex crime or an offense that specifically prohibits parole release, shall be eligible for parole. parole. Except as provided in paragraphs (a) through (d) of this subsection, all persons who are convicted after June 30, 1995, of a violent crime, as defined by Section 97-3-2, shall be eligible for parole after they have served fifty percent (50%) of the sentence or sentences imposed by the trial court.  All persons convicted of any other offense * * * on or after * * * July 1, 2014 June 30, 1995, * * * are shall be eligible for parole after they have served * * * one‑fourth (1/4) twenty-five percent (25%) of the sentence or sentences imposed by the trial court.  All persons eligible for parole under this subsection who are serving a sentence or sentences pursuant to Section 97-3-2 shall be required to have a parole hearing before the board, pursuant to Section 47-7-17, prior to parole release.

              Violent, (ii) nonviolent Geriatricoffenses.  parole. * * * All Notwithstandingpersons theeligible provisionsfor inparole subparagraphunder (i) of this paragraphsubparagraph (g), (i) Awho personare serving a sentence who has reached the age of sixty (60) or older and who has served no less than ten (10) years of the sentence or sentences imposed by the trial court shall be eligible for parole. a Anycrime personof eligibleviolence foras paroledefined underin thisSection subsection97-3-2 shall be required to have a parole hearing before the board,board pursuantunder to Section 47-7-17,47-7-17 priorbefore to parole release.  NoExcept inmateas shallprovided bein eligibleparagraphs for(a) parolethrough under(d) this subparagraph (ii) * * * of this subsectionsubsection: if:

                   1.  A person who is sentenced after June 30, 1995, and before July 1, 2014, of a violent crime, as defined by Section 97-3-2, shall be eligible for parole only after having served fifty percent (50%) or twenty (20) years, whichever is less, of the sentence or sentences imposed by the trial court;

                   2.  A person who is sentenced on or after July 1, 2014, of a violent crime, as defined by Section 97-3-2, shall be eligible for parole only after having served fifty percent (50%) or thirty (30) years, whichever is less, of the sentence or sentences imposed by the trial court;

and                    3.  All persons * * * convicted of sentenced for any other offense * * * on or after * * * July 1, 2014 June 30, 1995, * * * are shall be eligible for parole only after they have served * * * one‑fourth (1/4) twenty-five percent (25%) of the sentence or sentences imposed by the trial court.

              (ii) * * *  Notwithstanding the provisions in subparagraph (i) of this paragraph (g),  Geriatric parole.  A person serving a sentence who has reached the age of * * * sixty (60) sixty-five (65) years or older and who has served no less than ten (10) years of the sentence or sentences imposed by the trial court shall be eligible for parole.  Any person eligible for parole under this * * * subsection subparagraph (ii) shall be required to have a parole hearing before the board * * * prior to under Section 47-7-17 before parole release.  No inmate shall be eligible for parole under this subparagraph * * * of this subsection (ii) if:

              (iii)  Parole as authorized by trial court.  Notwithstanding * * * the provisions of paragraph (a) of this subsection, any other provision of law, an offender who has * * * not committed a crime of violence under Section 97‑3‑2 and has served twenty-five percent (25%) or more of * * * his the sentence or sentences imposed by the trial courtcourt, or ten (10) years, whichever is less, may be paroled by the paroleParole boardBoard if * * *, after the offender has been authorized to be considered for parole by the sentencing judge or, if the sentencing judge is retired, disabled or incapacitated, the senior circuit judge * * * authorizes the offender to be eligible for parole consideration;

     SECTION 3.  Section 47-7-3.1, Mississippi Code of 1972, is reenacted and amended as follows:

     (3)  With respect to parole-eligible inmates admitted to the department's custody on or after July 1, 2020, the department shall complete the case plan within ninety (90) days of admission.  With respect to parole-eligible inmates admitted to the department's custody priorbefore to July 1, 2020, the department shall complete the case plan by January 1, 2021.

     ( * * *45)  With respect to parole-eligible inmates admitted to the department's custody after July 1, 2020, the department shall ensure that the case plan is achievable prior to the inmate's parole eligibility date.  With respect to parole-eligible inmates admitted to the department's custody priorbefore to July 1, 2020, the department shall, to the extent possible, ensure that the case plan is achievable prior to the inmate's parole eligibility date or next parole hearing date.

     SECTION 4. 4. Section 47-7-5, Mississippi Code of 1972, is amended as follows:

 Section 47-7-3.2, Mississippi Code of 1972, is reenacted and amended as follows:

     47-7-3.2.  (1)  Notwithstanding Sections 47-5-138, 47-5-139, 47-5-138.1 or 47-5-142, no person convicted of a criminal offense on or after July 1, 2014, shall be released by the department until he or she has served no less than fifty percent (50%) or thirty (30) years, whichever is less, of a sentence or sentences for * * * a any crime of violence * * * pursuant to as defined in Section 97-3-2 or twenty-five percent (25%) of any other sentence or sentences imposed by the court.

     (2)  This section shall not apply to:

          (a)  Offenders sentenced to life imprisonment;

          (b)  Offenders convicted as habitual offenders pursuant to Sections 99-19-81 through 99-19-87;

          (c)  Offenders serving a sentence for a sex offense;

or           (d)  Offenders serving a sentence for trafficking pursuant to Section 41-29-139(f).

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

     (9)  An affirmative vote of at least four (4) members of the Parole Board shall be required to grant parole to an inmate convicted of capital murder or a sex * * * crime offense, as defined by Section 45-33-23(h). 45-33-23(h). An affirmative vote of at least three (3) members of the Parole Board shall be required to grant parole to an inmate convicted after June 30, 1995, of a crime of violence, as defined by Section 97-3-2.

     SECTION 5. 6.  Section 47-7-13, Mississippi Code of 1972, is amended as follows:

     47-7-13.  A majority of the board shall constitute a quorum for the transaction of all business. * * *  A decision to parole an offender convicted of murder or a sex‑related crime shall require the affirmative vote of three (3) members.  An affirmative vote of at least four (4) members of the Parole Board shall be required to grant parole to an inmate convicted of capital murder or a sex offense, as defined by Section 45-33-23(h).  An affirmative vote of at least three (3) members of the Parole Board shall be required to grant parole to an inmate convicted after June 30, 1995, of a crime of violence, as defined by Section 97-3-2.  The board shall maintain, in minute book form, a copy of each of its official actions with the reasons therefor.  Suitable and sufficient office space and support resources and staff necessary to conducting Parole Board business shall be provided by the Department of Corrections. * * *  However, the principal place for conducting parole hearings shall be the State Penitentiary at Parchman.

     SECTION 6. 7.  Section 47-7-15, Mississippi Code of 1972, is amended as follows:

     47-7-15.  The board shall adopt an official seal of which the courts shall take judicial notice.  Decisions of the board shall be made by majority vote, except as provided in SectionsSection 47-7-5(9)47-7-5(9). and 47-7-13.

     SECTION 7. 8.  Section 47-7-17, Mississippi Code of 1972, is amended as follows:

     47-7-17.  (1)  Within one (1) year after his admission and at such intervals thereafter as it may determine, the board shall secure and consider all pertinent information regarding each offender, except any under sentence of death or otherwise ineligible for parole, including the circumstances of his offense, his previous social history, his previous criminal record, including any records of law enforcement agencies or of a youth court regarding that offender's juvenile criminal history, his conduct, employment and attitude while in the custody of the department, the case plan created to prepare the offender for parole, and the reports of such physical and mental examinations as have been made.  The Parole Board may also order a psychiatric or psychological examination when it determines such examination is necessary to making a parole decision.  The board shall furnish at least three (3) months' written notice to each such offender of the date on which he is eligible for parole.

      * * *Before ruling on the application for parole of any offender (2)  Except as provided in Section 47-7-18, the board * * * may shall require a parole-eligible offender to have a hearing as required in this chapter before the board and to be interviewed.  The hearing shall be held no later than thirty (30) days prior to the month of eligibility.  No application for parole of a person convicted of a capital offense shall be considered by the board unless and until notice of the filing of such application shall have been published at least once a week for two (2) weeks in a newspaper published in or having general circulation in the county in which the crime was committed.  The board shall, within thirty (30) days prior to the scheduled hearing, also give notice of the filing of the application for parole to the victim of the offense for which the prisoner is incarcerated and being considered for parole or, in case the offense be homicide, a designee of the immediate family of the victim, provided the victim or designated family member has furnished in writing a current address to the board for such purpose.  The victim or designated family member shall be provided an opportunity to be heard by the board before the board makes a decision regarding release on parole.  The board shall consider whether any restitution ordered has been paid in full.  Parole release shall, at the hearing, be ordered only for the best interest of society, not as an award of clemency;

     (3)  Failure to provide notice to the victim or the victim's family member of the filing of the application for parole or of any decision made by the board regarding parole shall not constitute grounds for vacating an otherwise lawful parole determination nor shall it create any right or liability, civilly or criminally, against the board or any member thereof.

     (4)  A letter of protest against granting an offender parole shall not be treated as the conclusive and only reason for not granting parole.

     (5)  The board may adopt such other rules not inconsistent with law as it may deem proper or necessary with respect to the eligibility of offenders for parole, the conduct of parole hearings, or conditions to be imposed upon parolees, including a condition that the parolee submit, as provided in Section 47-5-601 to any type of breath, saliva or urine chemical analysis test, the purpose of which is to detect the possible presence of alcohol or a substance prohibited or controlled by any law of the State of Mississippi or the United States.  The board shall have the authority to adopt rules related to the placement of certain offenders on unsupervised parole and for the operation of transitional reentry centers.  However, in no case shall an offender be placed on unsupervised parole before he has served a minimum of fifty percent (50%) of the period of supervised parole.

     SECTION 8. 9.  Section 47-7-18, Mississippi Code of 1972, is amended as follows: