Bill Text: MS HB1072 | 2020 | Regular Session | Introduced
Bill Title: Parole eligibility; revise for certain offenses and require Parole Board hearing before release of certain inmates.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Failed) 2020-03-03 - Died In Committee [HB1072 Detail]
Download: Mississippi-2020-HB1072-Introduced.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Corrections; Judiciary B
By: Representatives Johnson, Porter, Dortch, Faulkner, Bell (65th), Clark, Hines, Rosebud
House Bill 1072
AN ACT TO AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A NONVIOLENT HABITUAL OFFENDER MAY BE ELIGIBLE FOR PAROLE IF THE SENTENCING JUDGE AUTHORIZES THE OFFENDER TO BE ELIGIBLE FOR PAROLE CONSIDERATION UNDER CERTAIN CIRCUMSTANCES; TO PROVIDE THAT NO PERSON SHALL BE ELIGIBLE FOR PAROLE WHO IS CONVICTED OF AN OFFENSE THAT SPECIFICALLY PROHIBITS PAROLE RELEASE; TO PROVIDE THAT EXCEPT FOR A VIOLENT HABITUAL OFFENDER, AN OFFENDER WHO IS CONVICTED OF A CAPITAL OFFENSE AND SENTENCED TO LIFE IMPRISONMENT WITHOUT PAROLE ELIGIBILITY OR ANY OTHER OFFENDER WHO IS CONVICTED OF AN OFFENSE THAT SPECIFICALLY PROHIBITS PAROLE RELEASE, A PERSON CONVICTED AFTER JUNE 30, 1995, OF A VIOLENT CRIME OR SEX OFFENSE SHALL BE ELIGIBLE FOR PAROLE AFTER SERVING 50% OF THE SENTENCE OR SENTENCES IMPOSED BY THE TRIAL COURT OR 20 YEARS, WHICHEVER IS LESS; TO PROVIDE THAT IF A PERSON IS CONVICTED AFTER JUNE 30, 1995, OF A NONVIOLENT CRIME AND HAS SERVED 25% OF HIS OR HER SENTENCE IMPOSED BY THE TRIAL COURT, OR 10 YEARS, WHICHEVER IS LESS, THEN SUCH PERSON SHALL BE ELIGIBLE FOR PAROLE; TO AMEND SECTION 47-7-3.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A PAROLE ELIGIBLE INMATE IS ADMITTED TO THE DEPARTMENT OF CORRECTIONS ON OR AFTER JULY 1, 2020, THEN THE INMATE SHALL BE PROVIDED WITH A CASE PLAN WITHIN 90 DAYS OF ADMISSION; TO PROVIDE THAT IF A PAROLE ELIGIBLE INMATE IS ADMITTED TO THE DEPARTMENT OF CORRECTIONS BEFORE JULY 1, 2020, THE DEPARTMENT MUST COMPLETE THE CASE PLAN BY JANUARY 1, 2021; TO PROVIDE THAT IF A PAROLE ELIGIBLE INMATE IS ADMITTED TO THE DEPARTMENT'S CUSTODY BEFORE JULY 1, 2020, THE DEPARTMENT MUST ENSURE THAT THE INMATE'S CASE PLAN IS ACHIEVABLE BEFORE THE INMATE'S PAROLE ELIGIBILITY DATE OR NEXT PAROLE HEARING DATE; TO AMEND SECTION 47-7-3.2, MISSISSIPPI CODE OF 1972, TO REMOVE CERTAIN OFFENSES THAT PROHIBIT AN INMATE FROM BEING RELEASED BY THE DEPARTMENT UNTIL THE INMATE HAS SERVED 50% OF A SENTENCE FOR A CRIME OF VIOLENCE OR 25% FOR ANY OTHER SENTENCE IMPOSED BY A COURT; TO AMEND SECTION 47-7-5, MISSISSIPPI CODE OF 1972, TO REQUIRE AN AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE PAROLE BOARD TO GRANT PAROLE TO AN INMATE CONVICTED AFTER JUNE 30, 1995, OF A CRIME OF VIOLENCE; TO AMEND SECTION 47-7-13, MISSISSIPPI CODE OF 1972, TO REQUIRE AN AFFIRMATIVE VOTE OF AT LEAST FOUR PAROLE BOARD MEMBERS TO GRANT PAROLE TO AN INMATE CONVICTED OF CAPITAL MURDER OR A SEX OFFENSE; TO REQUIRE AN AFFIRMATIVE VOTE OF AT LEAST THREE PAROLE BOARD MEMBERS TO GRANT PAROLE FOR AN INMATE CONVICTED, AFTER JUNE 30, 1995, OF A CRIME OF VIOLENCE; TO AMEND SECTION 47-7-15, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; TO AMEND SECTION 47-7-17, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE PAROLE BOARD TO ORDER CERTAIN MENTAL EXAMINATIONS WHEN IT IS NECESSARY TO MAKE A PAROLE DECISION; TO PROVIDE THAT A VICTIM OR A DESIGNATED FAMILY MEMBER, UPON REQUEST, SHALL BE PROVIDED AN OPPORTUNITY TO BE HEARD BY THE BOARD BEFORE IT MAKES A DECISION REGARDING PAROLE RELEASE; TO AMEND SECTION 47-7-18, MISSISSIPPI CODE OF 1972, TO REQUIRE A HEARING BE HELD BY THE PAROLE BOARD BEFORE AN INMATE CONVICTED OF A SEX OFFENSE OR CRIME OF VIOLENCE MAY BE RELEASED ON PAROLE; TO BRING FORWARD SECTION 47-7-33.1, MISSISSIPPI CODE OF 1972, WHICH PERTAINS TO OFFENDER DISCHARGE PLANS, IS BROUGHT FORWARD FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-7-3, Mississippi Code of 1972, is amended as follows:
47-7-3. (1) Every prisoner who has been convicted of any offense against the State of Mississippi, and is confined in the execution of a judgment of such conviction in the Mississippi Department of Corrections for a definite term or terms of one (1) year or over, or for the term of his or her natural life, whose record of conduct shows that such prisoner has observed the rules of the department, and who has served not less than one-fourth (1/4) of the total of such term or terms for which such prisoner was sentenced, or, if sentenced to serve a term or terms of thirty (30) years or more, or, if sentenced for the term of the natural life of such prisoner, has served not less than ten (10) years of such life sentence, may be released on parole as hereinafter provided, except that:
(a) No prisoner convicted as a confirmed and habitual criminal under the provisions of Sections 99-19-81 through 99-19-87 shall be eligible for parole, unless the sentencing court authorizes parole eligibility pursuant to paragraph (d)(iii) of this section;
* * *
( * * *b) 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;
(c) No person shall be eligible for parole who is convicted of an offense that specifically prohibits parole release;
* * *
shall be eligible for parole
( * * *d) (i) * * * Except as provided in paragraphs
(a) through (c) of this subsection, all persons who are convicted after June
30, 1995, of a violent crime, as defined under Section 97-3-2, or a sex
offense, as defined under Section 45-33-23(h), shall be eligible for parole
after serving fifty percent (50%) of the sentence or sentences imposed by the
trial court or twenty (20) years, whichever is less. All persons convicted
of any other offense * * * after * * * June 30, 1995, * * * shall be eligible for parole after
they have served * * * twenty-five percent (25%) of the sentence or sentences
imposed by the trial court or ten (10) years, whichever is less. All
persons eligible for parole under this subsection who are serving a sentence or
sentences for a violent crime or sex offense, or who are serving a life
sentence, shall be required to have a parole hearing before the board, pursuant
to Section 47-7-17, prior to release.
(ii)
Notwithstanding * * * any other
provision of law, a person 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.
Any person eligible for parole under this subsection shall be required to have
a parole hearing before the board, pursuant to Section 47-7-17, prior to
parole release. No inmate shall be eligible for parole under this subparagraph
(ii) of this * * * paragraph ( * * *d) if:
1. The inmate is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87;
2. The inmate
is sentenced * * * to life
imprisonment without eligibility for parole under the provisions of Section 99-19-10;
or
3. The inmate is sentenced for an offense that specifically prohibits parole release;
* * *
(iii)
Notwithstanding * * * any other
provision of law, any offender who * * * has served twenty-five percent (25%) * * * of the sentence or
sentences imposed by the trial court or ten (10) years, whichever is less,
may be paroled by the parole board if, after 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 * * *. No inmate shall be eligible to petition
the sentencing court for parole eligibility under this paragraph of this
subsection if the inmate is serving a sentence for a crime of violence, as
defined under Section 97-3-2.
* * *
(2) Notwithstanding any other provision of law, an inmate shall not be eligible to receive earned time, good time or any other administrative reduction of time which shall reduce the time necessary to be served for parole eligibility as provided in subsection (1) of this section.
(3) The State Parole Board shall, by rules and regulations, establish a method of determining a tentative parole hearing date for each eligible offender taken into the custody of the Department of Corrections. The tentative parole hearing date shall be determined within ninety (90) days after the department has assumed custody of the offender. Except as provided under Section 47-7-18, the parole hearing date shall occur when the offender is within thirty (30) days of the month of his parole eligibility date. The parole eligibility date shall not be earlier than one-fourth (1/4) of the prison sentence or sentences imposed by the court.
(4) Any inmate within twenty-four (24) months of his parole eligibility date and who meets the criteria established by the classification board shall receive priority for placement in any educational development and job training programs that are part of his or her parole case plan. Any inmate refusing to participate in an educational development or job training program that is part of the case plan may be in jeopardy of noncompliance with the case plan and may be denied parole.
SECTION 2. Section 47-7-3.1, Mississippi Code of 1972, is amended as follows:
47-7-3.1. (1) In consultation with the Parole Board, the department shall develop a case plan for all parole eligible inmates to guide an inmate's rehabilitation while in the department's custody and to reduce the likelihood of recidivism after release.
(2) * * * The case plan shall
include, but not be limited to:
(a) Programming and treatment requirements based on the results of a risk and needs assessment;
(b) Any programming or treatment requirements contained in the sentencing order; and
(c) General behavior requirements in accordance with the rules and policies of the department.
(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 prior to July 1, 2020, the department shall complete the case plan by January 1, 2021.
( * * *4) The department shall provide the
inmate with a written copy of the case plan and the inmate's caseworker shall
explain the conditions set forth in the case plan.
(a) Within ninety (90)
days of admission, the caseworker shall notify the inmate of * * * his or her parole eligibility date
as calculated in accordance with Section 47-7-3(3);
(b) At the time a parole-eligible inmate receives the case plan, the department shall send the case plan to the Parole Board for approval.
( * * *5) 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 prior 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.
( * * *6) The caseworker
shall meet with the inmate every eight (8) weeks from the date the offender
received the case plan to review the inmate's case plan progress.
( * * *7) Every four (4)
months the department shall electronically submit a progress report on each
parole-eligible inmate's case plan to the Parole Board. The board may meet to
review an inmate's case plan and may provide written input to the caseworker on
the inmate's progress toward completion of the case plan.
( * * *8) The Parole
Board shall provide semiannually to the Oversight Task Force the number of
parole hearings held, the number of prisoners released to parole without a
hearing and the number of parolees released after a hearing.
SECTION 3. Section 47-7-3.2, Mississippi Code of 1972, is amended as follows:
47-7-3.2. * * *
Notwithstanding Sections 47-5-138, 47-5-139, 47-5-138.1 or 47-5-142
and except as provided under Section 47-7-3(1)(d)(i), 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%) of a
sentence for a crime of violence pursuant to Section 97-3-2, as
defined under Section 97-3-2, or twenty-five percent (25%) of any other
sentence imposed by the court.
SECTION 4. 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. Each member of the board shall complete annual training developed based on guidance from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association. Each first-time appointee of the board shall, within sixty (60) days of appointment, or as soon as practical, complete training for first-time Parole Board members developed in consideration of information from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association.
(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) Any offender placed in an electronic monitoring program under this subsection shall pay the program fee provided in Section 47-5-1013. The program fees shall be deposited in the special fund created in Section 47-5-1007.
(c) 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 website 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 * * * offense, as defined
under 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
under Section 97-3-2.
(10) This section shall stand repealed on July 1, 2022.
SECTION 5. 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. 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 under 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 under 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. * * *
SECTION 6. 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 under Sections 47-7-5(9) and 47-7-13.
The board shall keep a record of its acts and shall notify each institution of its decisions relating to the persons who are or have been confined therein. At the close of each fiscal year the board shall submit to the Governor and to the Legislature a report with statistical and other data of its work.
SECTION 7. Section 47-7-17, Mississippi Code of 1972, is amended as follows:
47-7-17. 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.
* * * Except as provided under Section 47-7-18, the
board * * * 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. Upon request, 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.
Parole release shall, at the
hearing, be ordered only for the best interest of society, not as an award of
clemency; it shall not be considered to be a reduction of sentence or pardon.
An offender shall be placed on parole only when arrangements have been made for
his proper employment or for his maintenance and care, and when the board
believes that he or she is able and willing to fulfill the
obligations of a law-abiding citizen. When the board determines that the
offender will need transitional housing upon release in order to improve the
likelihood of * * *
he or * * *
she becoming a law-abiding citizen, the board may parole the offender
with the condition that the inmate spends no more than six (6) months in a
transitional reentry center. At least fifteen (15) days prior to the release
of an offender on parole, the director of records of the department shall give
the written notice which is required pursuant to Section 47-5-177. Every
offender while on parole shall remain in the legal custody of the department
from which he or she was released and shall be amenable
to the orders of the board. Upon determination by the board that an offender
is eligible for release by parole, notice shall also be given within at least
fifteen (15) days before release, by the board to the victim of the offense or
the victim's family member, as indicated above, regarding the date when the
offender's release shall occur, provided a current address of the victim or the
victim's family member has been furnished in writing to the board for such
purpose.
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.
A letter of protest against granting an offender parole shall not be treated as the conclusive and only reason for not granting parole.
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. Section 47-7-18, Mississippi Code of 1972, is amended as follows:
47-7-18 (1) * * * No inmate convicted of
a sex offense, as defined under Section 45-33-23(h), or a crime of violence, as
defined under Section 97-3-2, shall be released on parole without a hearing
before the parole board as required under Section 47-7-17. All other
inmates eligible for parole pursuant to Section 47-7-3,
shall be released from incarceration to parole supervision on the inmate's
parole eligibility date, without a hearing before the board, if:
(a) The inmate has met the requirements of the parole case plan established pursuant to Section 47-7-3.1;
(b) A victim of the offense has not requested the board conduct a hearing;
(c) The inmate has not received a serious or major violation report within the past six (6) months;
(d) The inmate has agreed to the conditions of supervision; and
(e) The inmate has a discharge plan approved by the board.
(2) At least thirty (30) days prior to an inmate's parole eligibility date, the department shall notify the board in writing of the inmate's compliance or noncompliance with the case plan. If an inmate fails to meet a requirement of the case plan, prior to the parole eligibility date, he or she shall have a hearing before the board to determine if completion of the case plan can occur while in the community.
(3) Any inmate for whom there is insufficient information for the department to determine compliance with the case plan shall have a hearing with the board.
(4) A hearing shall be held with the board if requested by the victim or designated family member following notification of the inmate's parole release date pursuant to Section 47-7-17.
(5) A hearing shall be held by the board if a law enforcement official from the community to which the inmate will return contacts the board or the department and requests a hearing to consider information relevant to public safety risks posed by the inmate if paroled at the initial parole eligibility date. The law enforcement official shall submit an explanation documenting these concerns for the board to consider.
(6) If a parole hearing is held, the board may determine the inmate has sufficiently complied with the case plan or that the incomplete case plan is not the fault of the inmate and that granting parole is not incompatible with public safety, the board may then parole the inmate with appropriate conditions. If the board determines that the inmate has sufficiently complied with the case plan but the discharge plan indicates that the inmate does not have appropriate housing immediately upon release, the board may parole the inmate to a transitional reentry center with the condition that the inmate spends no more than six (6) months in the center. If the board determines that the inmate has not substantively complied with the requirement(s) of the case plan it may deny parole. If the board denies parole, the board may schedule a subsequent parole hearing and, if a new date is scheduled, the board shall identify the corrective action the inmate will need to take in order to be granted parole. Any inmate not released at the time of the inmate's initial parole date shall have a parole hearing at least every year.
SECTION 9. Section 47-7-33.1, Mississippi Code of 1972, is brought forward as follows:
47-7-33.1. (1) The department shall create a discharge plan for any offender returning to the community, regardless of whether the person will discharge from the custody of the department, or is released on parole, pardon, or otherwise. At least ninety (90) days prior to an offender's earliest release date, the commissioner shall conduct a pre-release assessment and complete a written discharge plan based on the assessment results. The discharge plan for parole eligible offenders shall be sent to the parole board at least thirty (30) days prior to the offender's parole eligibility date for approval. The board may suggest changes to the plan that it deems necessary to ensure a successful transition.
(2) The pre-release assessment shall identify whether an inmate requires assistance obtaining the following basic needs upon release: transportation, clothing and food, financial resources, identification documents, housing, employment, education, health care and support systems. The discharge plan shall include information necessary to address these needs and the steps being taken by the department to assist in this process. Based on the findings of the assessment, the commissioner shall:
(a) Arrange transportation for inmates from the correctional facility to their release destination;
(b) Ensure inmates have clean, seasonally appropriate clothing, and provide inmates with a list of food providers and other basic resources immediately accessible upon release;
(c) Ensure inmates have a driver's license or a state-issued identification card that is not a Department of Corrections identification card;
(d) Assist inmates in identifying safe, affordable housing upon release. If accommodations are not available, determine whether temporary housing is available for at least ten (10) days after release. If temporary housing is not available, the discharge plan shall reflect that satisfactory housing has not been established and the person may be a candidate for transitional reentry center placement;
(e) Refer inmates without secured employment to employment opportunities;
(f) Provide inmates with contact information of a health care facility/provider in the community in which they plan to reside;
(g) Notify family members of the release date and release plan, if inmate agrees; and
(h) Refer inmates to a community or a faith-based organization that can offer support within the first twenty-four (24) hours of release;
(3) A written discharge plan shall be provided to the offender and supervising probation officer or parole officer, if applicable.
(4) A discharge plan created for a parole-eligible offender shall also include supervision conditions and the intensity of supervision based on the assessed risk to recidivate and whether there is a need for transitional housing. The board shall approve discharge plans before an offender is released on parole pursuant to this chapter.
SECTION 10. This act shall take effect and be in force from and after July 1, 2020.
