HB 429 — Nonadjudication and pretrial intervention; authorize completion of workforce training as a condition that the court may impose.

HB 429 (As(COMMITTEE Introduced)SUBSTITUTE) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Representatives Arnold, Williamson House Bill 429 (COMMITTEE SUBSTITUTE) AN ACT TO AMEND SECTION 99-15-26, MISSISSIPPI CODE OF 1972, TO AUTHORIZE SUCCESSFUL COMPLETION OF WORKFORCE TRAINING AT A COMMUNITY COLLEGE OR WORKFORCE DEVELOPMENT CENTER OR A SIMILAR TRAINING OR DIVERSION PROGRAM ADMINISTERED BY A NONPROFIT OR OTHER ENTITY AS A CONDITION OF THE COURT WITHHOLDING ACCEPTANCE OF A PERSON'S PLEA AND SENTENCE UNDER THE NONADJUDICATION PROVISIONS OF THIS SECTION;

     99-15-26.  (1)  (a)  In all criminal cases, felony and misdemeanor, other thanthan * * *crimes crimes against the person, a crime of violence as defined in Section 97-3-2, a violation of Section 97-11-31, or crimes in which a person unlawfully takes, obtains or misappropriates funds received by or entrusted to the person by virtue of his or her public office or employment, the circuit or county court shall be empowered, upon the entry of a plea of guilty by a criminal defendant made on or after July 1, 2014, to withhold acceptance of the plea and sentence thereon pending successful completion of such conditions as may be imposed by the court pursuant to subsection (2) of this section.

              (v)  Successful completion of workforce training at a community college or workforce development center.center or a similar training or diversion program administered by a nonprofit or other entity.

     (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.

     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. 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.