House Bill 1111

AN ACT TO AMEND SECTION 47-5-103, AND 47-7-9, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN INFORMATION, WHICH IS COLLECTED ON PERSONS CLASSIFIED AND IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS AND PERSONS WHO ARE ON PROBATION OR SENTENCE SUSPENSION AND SUPERVISED BY STAFF OF THE DEPARTMENT OF CORRECTIONS COMMUNITY CORRECTIONS DIVISION, SHALL BE TRANSMITTED TO THE DEPARTMENT OF HUMAN SERVICES IN ORDER TO MONITOR RECIDIVISM RATES OF PERSONS WHO WERE ONCE ADJUDICATED DELINQUENT AND UNDER THE SUPERVISION OF THE DEPARTMENT OF HUMAN SERVICES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 47-5-103, Mississippi Code of 1972, is amended as follows:

47-5-103. (1) The classification hearing officer shall be responsible for assigning a classification to each offender within forty (40) days after the offender's commitment to the custody of the department. The classification shall determine the offender's work duties, living quarters, educational, vocational or other rehabilitation programs, and privileges to be accorded the offender while in custody of the department. The classification hearing officer, in assigning classifications, shall consider the offender's age, offense and surrounding circumstances, the complete record of the offender's criminal history, including records of law enforcement agencies or of a youth court regarding that offender's juvenile criminal history, family background, education, practical or employment experience, interests and abilities as evidenced by mental and psychological examination and knowledge obtained by the classification hearing officer in personal interview with the offender. The classification hearing officer shall use the above criteria to assign each offender a classification which will serve and enhance the best interests and general welfare of the offender. The designee or designees of the commissioner shall approve or disapprove each classification. The classification hearing officer shall provide the State Parole Board with a copy of the classification assigned to each offender in the custody of the department who is eligible for parole.

(2) The classification board, consisting of the commissioner, or his designee, deputy commissioner of institutions and the director of offender services may change an action of the classification or disciplinary hearing officer if the board makes a determination that the action of the hearing officer was not supported by sufficient factual information. The commissioner, in emergency situations, may suspend the classification of an offender or offenders for a period of not exceeding fifteen (15) days to relieve the emergency situation. The classification of each offender may be reviewed by a classification hearing officer at least once each year. In no case shall an offender serve as a servant in the home of any employee other than authorized by the commissioner.

(3) The classification board shall establish substantive and procedural rules and regulations governing the assignment and alteration of inmate classifications, and shall make such rules and regulations available to any offender upon request.

(4) Following classification, the Department of Corrections shall provide to the Department of Human Services on a weekly basis the names, addresses, social security numbers and details of the offense for which commitments occurred for all persons classified. The Department of Human Services shall use such information exclusively to measure the recidivism rates for persons who were once adjudicated delinquent and placed under the supervision of the Department of Human Services.

SECTION 2. Section 47-7-9, Mississippi Code of 1972, is amended as follows:

47-7-9. (1) The circuit judges and county judges in the districts to which Division of Community Corrections personnel have been assigned shall have the power to request of the department transfer or removal of the division personnel from their court.

(2) (a) Division personnel shall investigate all cases referred to them for investigation by the board, the division or by any court in which they are authorized to serve. They shall furnish to each person released under their supervision a written statement of the conditions of probation, parole, earned-release supervision, post-release supervision or suspension and shall instruct the person regarding the same. They shall administer a risk and needs assessment on each person under their supervision to measure criminal risk factors and individual needs. They shall use the results of the risk and needs assessment to guide supervision responses consistent with evidence-based practices as to the level of supervision and the practices used to reduce recidivism. They shall develop a supervision plan for each person assessed as moderate to high risk to reoffend. They shall keep informed concerning the conduct and conditions of persons under their supervision and use all suitable methods that are consistent with evidence-based practices to aid and encourage them and to bring about improvements in their conduct and condition and to reduce the risk of recidivism. They shall keep detailed records of their work and shall make such reports in writing as the court or the board may require.

(b) Division personnel shall complete annual training on evidence-based practices and criminal risk factors, as well as instructions on how to target these factors to reduce recidivism.

(c) The division personnel duly assigned to court districts are hereby vested with all the powers of police officers or sheriffs to make arrests or perform any other duties required of policemen or sheriffs which may be incident to the division personnel responsibilities. All probation and parole officers hired on or after July 1, 1994, will be placed in the Law Enforcement Officers Training Program and will be required to meet the standards outlined by that program.

(d) It is the intention of the Legislature that insofar as practicable the case load of each division personnel supervising offenders in the community (hereinafter field supervisor) shall not exceed the number of cases that may be adequately handled.

(3) (a) Division personnel shall be provided to perform investigation for the court as provided in this subsection. Division personnel shall conduct presentence investigations on all persons convicted of a felony in any circuit court of the state, prior to sentencing and at the request of the circuit court judge of the court of conviction. The presentence evaluation report shall consist of a complete record of the offender's criminal history, educational level, employment history, psychological condition and such other information as the department or judge may deem necessary. Division personnel shall also prepare written victim impact statements at the request of the sentencing judge as provided in Section 99-19-157.

(b) In order that offenders in the custody of the department on July 1, 1976, may benefit from the kind of evaluations authorized in this section, an evaluation report to consist of the information required hereinabove, supplemented by an examination of an offender's record while in custody, shall be compiled by the division upon all offenders in the custody of the department on July 1, 1976. After a study of such reports by the State Parole Board those cases which the board believes would merit some type of executive clemency shall be submitted by the board to the Governor with its recommendation for the appropriate executive action.

(4) For any person placed on probation or supervision as prescribed under subsection (2) of this section, the supervision community services officer shall on a weekly basis provide a list of all the persons assigned for supervision each week to the Commissioner of the Department of Corrections who then shall produce a consolidated list of all such supervised persons to be provided to the Department of Human Services. The list shall contain the names, addresses, social security numbers and offenses committed for all persons named. The information shall be used by the Department of Human Services exclusively to measure the recidivism rates for persons who were once adjudicated delinquent and placed under the supervision of the Department of Human Services.

SECTION 3. This act shall take effect and be in force from and after July 1, 2019.