Bill Text: MS HB1009 | 2012 | Regular Session | Introduced
Bill Title: Intensive supervision program fees; remove requirement that offenders pay.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2012-03-06 - Died In Committee [HB1009 Detail]
Download: Mississippi-2012-HB1009-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Corrections; Appropriations
By: Representative Dixon
House Bill 1009
AN ACT TO AMEND SECTION 47-5-1013, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT PARTICIPANTS OF AN INTENSIVE SUPERVISION PROGRAM PAY A MONTHLY FEE; TO AMEND SECTION 47-5-1007, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; TO AMEND SECTION 47-7-5, MISSISSIPPI CODE OF 1972, TO REMOVE THE REQUIREMENT THAT ANY OFFENDER PLACED IN AN ELECTRONIC MONITORING PROGRAM PAY A PROGRAM FEE WHEN SUCH OFFENDER IS PLACED IN SUCH PROGRAM BY THE STATE PAROLE BOARD; TO REPEAL SECTION 47-5-1014, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE PAYMENT OF SUPERVISION FEES BY PARTICIPANTS WHO HAVE BEEN IN AN INTENSIVE SUPERVISION PROGRAM SINCE A CERTAIN DATE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-5-1013, Mississippi Code of 1972, is amended as follows:
47-5-1013. 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 * * * as directed by the department. * * *
(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.
SECTION 2. Section 47-5-1007, Mississippi Code of 1972, is amended as follows:
47-5-1007. * * *
(1) Any participant in the intensive supervision program 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.
(2) 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.
(3) The participant shall acknowledge and participate with the approved electronic monitoring device as designated by the department at any time for the purpose of verifying the participant's compliance with the conditions of his detention.
(4) 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.
(5) The participant shall obtain approval from the correctional field officer before the participant changes residence.
(6) The participant shall not commit another crime during the period of home detention ordered by the court or department.
(7) 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.
(8) The participant shall abide by other conditions as set by the department.
SECTION 3. Section 47-7-5, Mississippi Code of 1972, is amended as follows:
47-7-5. (1) The State Parole Board, created under former Section 47-7-5, is hereby created, continued and reconstituted and shall be composed of five (5) members. The Governor shall appoint the members with the advice and consent of the Senate. All terms shall be at the will and pleasure of the Governor. Any vacancy shall be filled by the Governor, with the advice and consent of the Senate. The Governor shall appoint a chairman of the board.
(2) Any person who is appointed to serve on the board shall possess at least a bachelor's degree or a high school diploma and four (4) years' work experience. Each member shall devote his full time to the duties of his office and shall not engage in any other business or profession or hold any other public office. A member shall not receive compensation or per diem in addition to his salary as prohibited under Section 25-3-38. Each member shall keep such hours and workdays as required of full-time state employees under Section 25-1-98. Individuals shall be appointed to serve on the board without reference to their political affiliations. Each board member, including the chairman, may be reimbursed for actual and necessary expenses as authorized by Section 25-3-41.
(3) The board shall have exclusive responsibility for the granting of parole as provided by Sections 47-7-3 and 47-7-17 and shall have exclusive authority for revocation of the same. The board shall have exclusive responsibility for investigating clemency recommendations upon request of the Governor.
(4) The board, its members and staff, shall be immune from civil liability for any official acts taken in good faith and in exercise of the board's legitimate governmental authority.
(5) The budget of the board shall be funded through a separate line item within the general appropriation bill for the support and maintenance of the department. Employees of the department which are employed by or assigned to the board shall work under the guidance and supervision of the board. There shall be an executive secretary to the board who shall be responsible for all administrative and general accounting duties related to the board. The executive secretary shall keep and preserve all records and papers pertaining to the board.
(6) The board shall have no authority or responsibility for supervision of offenders granted a release for any reason, including, but not limited to, probation, parole or executive clemency or other offenders requiring the same through interstate compact agreements. The supervision shall be provided exclusively by the staff of the Division of Community Corrections of the department.
(7) (a) The Parole Board is authorized to select and place offenders in an electronic monitoring program under the conditions and criteria imposed by the Parole Board. The conditions, restrictions and requirements of Section 47-7-17 and Sections 47-5-1001 through 47-5-1015 shall apply to the Parole Board and any offender placed in an electronic monitoring program by the Parole Board.
* * *
(b) The department shall have absolute immunity from liability for any injury resulting from a determination by the Parole Board that an offender be placed in an electronic monitoring program.
(8) (a) The Parole Board shall maintain a central registry of paroled inmates. The Parole Board shall place the following information on the registry: name, address, photograph, crime for which paroled, the date of the end of parole or flat-time date and other information deemed necessary. The Parole Board shall immediately remove information on a parolee at the end of his parole or flat-time date.
(b) When a person is placed on parole, the Parole Board shall inform the parolee of the duty to report to the parole officer any change in address ten (10) days before changing address.
(c) The Parole Board shall utilize an Internet Web site or other electronic means to release or publish the information.
(d) Records maintained on the registry shall be open to law enforcement agencies and the public and shall be available no later than July 1, 2003.
(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.
(10) This section shall stand repealed on July 1, 2012.
SECTION 4. Section 47-5-1014, Mississippi Code of 1972, which provides for the payment of monthly intensive supervision program fees for those participating in the program since July 1, 2004, is repealed.
SECTION 5. This act shall take effect and be in force from and after its passage.
