Bill Text: MS HB1204 | 2012 | Regular Session | Introduced

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Bill Title: Corrections; create "Earned Compliance Credit Act".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-06 - Died In Committee [HB1204 Detail]

Download: Mississippi-2012-HB1204-Introduced.html

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MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Corrections; Judiciary B

By: Representative Flaggs

House Bill 1204

AN ACT TO CREATE THE "EARNED COMPLIANCE CREDIT ACT"; TO PROVIDE CERTAIN DEFINITIONS; TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS OR CERTAIN COURTS TO REDUCE THE NUMBER OF DAYS THAT LOW-RISK, NONVIOLENT OFFENDERS ARE ON ACTIVE SUPERVISION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  This act shall be known and may be cited as the "Earned Compliance Credit Act."

     SECTION 2.  The intent of this Legislature is to create an "earned compliance credit" that would reduce the time that low-risk, nonviolent offenders are on active supervision by fifteen (15) days for each month that they are in full compliance with their conditions of supervision, including payment of restitution to crime victims.  After an offender has paid all outstanding restitution, fines and fees, the court or the releasing authority determined by the state, may reduce the period of supervision by the amount of credit earned.

     Section 3.  For purposes of this act, the following words and terms shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

          (a)  "Agency" means:

              (i)  The Department of Corrections or the state agency responsible for supervising individuals placed on probation by the courts or serving a period of parole or post-release supervision from prison or jail; and

              (ii)  Any regional, local or county governmental agencies responsible for supervising individuals placed on probation by the courts or serving a period of parole or post-release supervision from prison or jail, provided such agencies receive state funding.

          (b)  "Case plan" means an individualized accountability and behavior change strategy for supervised individuals that:

              (i)  Targets and prioritizes the specific criminal risk factors of the offender;

              (ii)  Matches programs to the offender's individual characteristics, such as gender, culture, motivational stage, developmental stage, and learning style;

              (iii)  Establishes a timetable for achieving specific behavioral goals, including a schedule for payment of victim restitution, child support, and other financial obligations; and

              (iv)  Specifies positive and negative actions that will be taken in response to the supervised individual's behaviors.

          (c)  "Compliance credit" means 15 days for every month that a supervised individual does all of the following:

              (i)  Fulfills the terms of the supervised individual's case plan;

              (ii)  Has no new arrests; and

              (iii)  Makes scheduled monthly payments for restitution, fines and fees.

          (d)  "Supervised individual" means an individual placed on probation by the courts or serving a period of parole or post-release supervision from prison or jail.

     SECTION 4.  (1)  The agency shall:

          (a)  Award earned compliance credits to a supervised individual who satisfies the requirements specified in the individual's case plan; and

          (b)  Place a supervised individual in a nonactive supervision status for the number of days earned as compliance credits.

     (2)  For supervised individuals in nonactive supervision, the agency shall submit a petition to the court or releasing authority to request that the period of supervision be reduced by the number of days of compliance credits earned by the individual, when the supervised individual has no outstanding restitution, fines or fees.

     (3)  The court or releasing authority may adjust the period of a supervised individual's supervision on the recommendation of the agency for earned compliance credits.

     (4)  The agency shall adopt rules and regulations for the forfeiture of earned compliance credits for supervised individuals who violate conditions of supervision.  Such regulations shall provide that:

          (a)  Forfeiture is part of the agency's system of graduated sanctions;

          (b)  The extent of earned compliance credits forfeited is related to the level of severity of the violation;

          (c)  Forfeiture of earned compliance credits is limited to credits already earned, and may not prospectively deny future earned compliance credits; and

          (d)  A procedure is established for the restoration of forfeited earned compliance credits based on the supervised individual's compliance with supervision conditions and progress in achieving the goals of the supervised individual's case plan.

     SECTION 5.  Nothing in this act supersedes or otherwise affects the provisions of Chapter 5, Title 47.  In the event any provision in this act conflicts with any provision of Chapter 5, Title 47, the latter Chapter and Title are hereby deemed and shall be controlling over the provisions of this act.

     SECTION 6.  This act shall take effect and be in force from and after July 1, 2012.