HB 124 — Nonadjudication of criminal case; includes crimes listed as crimes of violence under Section 97-3-2 for felonies.

HB 124 (As Introduced)Passed the House) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Representatives Horan, Karriem House Bill 124 (As Passed the House) AN ACT TO AMEND SECTION 99-15-26, MISSISSIPPI CODE OF 1972, TO REMOVEAUTHORIZE CRIMESSUCCESSFUL AGAINSTCOMPLETION THEOF PERSONWORKFORCE ASTRAINING ANAT EXCEPTIONA FROMCOMMUNITY WITHHOLDINGCOLLEGE ACCEPTANCEOR OFWORKFORCE GUILTYDEVELOPMENT PLEACENTER ANDOR SENTENCEA THEREONSIMILAR PENDINGTRAINING SUCCESSFULOR COMPLETIONDIVERSION PROGRAM ADMINISTERED BY A NONPROFIT OR OTHER ENTITY AS A CONDITION OF CERTAINTHE COURT IMPOSEDWITHHOLDING CONDITIONSACCEPTANCE INOF ALLA CRIMINALPERSON'S CASES;PLEA AND SENTENCE UNDER THE NONADJUDICATION PROVISIONS OF THIS SECTION;

TO AMEND SECTION 99-15-117, MISSISSIPPI CODE OF 1972, TO AUTHORIZE SUCCESSFUL COMPLETION OF WORKFORCE TRAINING AT A COMMUNITY COLLEGE OR WORKFORCE DEVELOPMENT CENTER AS A TERM OF THE PRETRIAL INTERVENTION PROGRAM UNDER THIS SECTION;

TO REQUIRE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO TRANSFER FROM THE BUDGET OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO THE MISSISSIPPI COMMUNITY COLLEGE BOARD THE SUM OF $2,000.00 FOR EACH PERSON WHO SUCCESSFULLY COMPLETES WORKFORCE TRAINING AT A COMMUNITY COLLEGE OR WORKFORCE DEVELOPMENT CENTER AS A CONDITION OF THE COURT WITHHOLDING ACCEPTANCE OF THE PERSON'S PLEA AND SENTENCE UNDER SECTION 99-15-26 OR AS A TERM OF THE PRETRIAL INTERVENTION PROGRAM UNDER SECTION 99-15-117, WHICH SHALL BE DISBURSED TO THE COMMUNITY COLLEGE AT WHICH THE PERSON RECEIVED THE WORKFORCE TRAINING OR THE COMMUNITY COLLEGE AFFILIATED WITH THE WORKFORCE DEVELOPMENT CENTER AT WHICH THE PERSON RECEIVED THE WORKFORCE TRAINING;

              (v)  TheSuccessful circuitcompletion orof countyworkforce court,training inat itsa discretion,community maycollege requireor theworkforce defendantdevelopment tocenter remainor in the program subject to good behavior for a periodsimilar oftraining time not to exceed five (5) years.  The justice or municipaldiversion court, in its discretion, may require the defendant to remain in the program subjectadministered toby good behavior for a periodnonprofit ofor timeother notentity. to exceed two (2) years.

              ( * * *(v)vi)  The circuit or county court, in its discretion, may require the defendant to remain in the program subject to good behavior for a period of time not to exceed five (5) years.  The justice or municipal court, in its discretion, may require the defendant to remain in the program subject to good behavior for a period of time not to exceed two (2) years.

     (5) (5) Upon Upon petition therefor, the court shall expunge the record of any case in which an arrest was made, the person arrested was released and the case was dismissed or the charges were dropped, there was no disposition of such case, or the person was found not guilty at trial.

     SECTION 2.  ThisSection act99-15-117, shallMississippi takeCode effectof and1972, beis inamended forceas fromfollows: and after July 1, 2020.

     99-15-117.  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 may include as one (1) of the terms of the intervention program a requirement that the offender successfully complete workforce training at a community college or workforce development center or a similar training or diversion program administered by a nonprofit or other entity.  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.

     SECTION 3.  For each person who successfully completes workforce training at a community college or workforce development center as a condition of the court withholding acceptance of the person's plea and sentence under Section 99-15-26 or as a term of the pretrial intervention program under Section 99-15-117, the Department of Finance and Administration shall transfer from the general funds in the budget of the Mississippi Department of Corrections the sum of Two Thousand Dollars ($2,000.00) to the Mississippi Community College Board, which shall disburse the funds to the community college at which the person received the workforce training or the community college affiliated with the workforce development center at which the person received the workforce training.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2020, and shall stand repealed on June 30, 2020.