Bill Text: MS HB124 | 2020 | Regular Session | Engrossed
Bill Title: Nonadjudication of criminal case; includes crimes listed as crimes of violence under Section 97-3-2 for felonies.
Spectrum: Bipartisan Bill
Status: (Failed) 2020-06-09 - Died In Committee [HB124 Detail]
Download: Mississippi-2020-HB124-Engrossed.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Judiciary B
By: Representatives Horan, Karriem
House Bill 124
(As Passed the House)
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; TO AMEND SECTION 99-15-117, MISSISSIPPI CODE OF 1972, TO AUTHORIZE SUCCESSFUL COMPLETION OF WORKFORCE TRAINING AT A COMMUNITY COLLEGE OR WORKFORCE DEVELOPMENT CENTER AS A TERM OF THE PRETRIAL INTERVENTION PROGRAM UNDER THIS SECTION; TO REQUIRE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO TRANSFER FROM THE BUDGET OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO THE MISSISSIPPI COMMUNITY COLLEGE BOARD THE SUM OF $2,000.00 FOR EACH PERSON WHO SUCCESSFULLY COMPLETES WORKFORCE TRAINING AT A COMMUNITY COLLEGE OR WORKFORCE DEVELOPMENT CENTER AS A CONDITION OF THE COURT WITHHOLDING ACCEPTANCE OF THE PERSON'S PLEA AND SENTENCE UNDER SECTION 99-15-26 OR AS A TERM OF THE PRETRIAL INTERVENTION PROGRAM UNDER SECTION 99-15-117, WHICH SHALL BE DISBURSED TO THE COMMUNITY COLLEGE AT WHICH THE PERSON RECEIVED THE WORKFORCE TRAINING OR THE COMMUNITY COLLEGE AFFILIATED WITH THE WORKFORCE DEVELOPMENT CENTER AT WHICH THE PERSON RECEIVED THE WORKFORCE TRAINING; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 99-15-26, Mississippi Code of 1972, is amended as follows:
99-15-26. (1) (a) In all
criminal cases, felony and misdemeanor, other than * * * 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.
(b) In all misdemeanor criminal cases, other than crimes against the person, the justice or municipal court shall be empowered, upon the entry of a plea of guilty by a criminal defendant, 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.
(c) Notwithstanding paragraph (a) of this subsection (1), in all criminal cases charging a misdemeanor of domestic violence as defined in Section 99-3-7(5), a circuit, county, justice or municipal court shall be empowered, upon the entry of a plea of guilty by the criminal defendant, 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.
(d) No person having previously qualified under the provisions of this section shall be eligible to qualify for release in accordance with this section for a repeat offense. A person shall not be eligible to qualify for release in accordance with this section if charged with the offense of trafficking of a controlled substance as provided in Section 41-29-139(f) or if charged with an offense under the Mississippi Implied Consent Law. Violations under the Mississippi Implied Consent Law can only be nonadjudicated under the provisions of Section 63-11-30.
(2) (a) Conditions which the circuit, county, justice or municipal court may impose under subsection (1) of this section shall consist of:
(i) Reasonable restitution to the victim of the crime.
(ii) Performance of not more than nine hundred sixty (960) hours of public service work approved by the court.
(iii) Payment of a fine not to exceed the statutory limit.
(iv) Successful completion of drug, alcohol, psychological or psychiatric treatment, successful completion of a program designed to bring about the cessation of domestic abuse, or any combination thereof, if the court deems treatment necessary.
(v) 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.
( * * *vi) The circuit or county court, in
its discretion, may require the defendant to remain in the program subject to
good behavior for a period of time not to exceed five (5) years. The justice
or municipal court, in its discretion, may require the defendant to remain in
the program subject to good behavior for a period of time not to exceed two (2)
years.
(b) Conditions which the circuit or county court may impose under subsection (1) of this section also include successful completion of an effective evidence-based program or a properly controlled pilot study designed to contribute to the evidence-based research literature on programs targeted at reducing recidivism. Such program or pilot study may be community based or institutionally based and should address risk factors identified in a formal assessment of the offender's risks and needs.
(3) When the court has imposed upon the defendant the conditions set out in this section, the court shall release the bail bond, if any.
(4) Upon successful completion of the court-imposed conditions permitted by subsection (2) of this section, the court shall direct that the cause be dismissed and the case be closed.
(5) 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.
SECTION 2. Section 99-15-117, Mississippi Code of 1972, is amended as follows:
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 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.
SECTION 3. For each person who successfully completes workforce training at a community college or workforce development center as a condition of the court withholding acceptance of the person's plea and sentence under Section 99-15-26 or as a term of the pretrial intervention program under Section 99-15-117, the Department of Finance and Administration shall transfer from the general funds in the budget of the Mississippi Department of Corrections the sum of Two Thousand Dollars ($2,000.00) to the Mississippi Community College Board, which shall disburse the funds to the community college at which the person received the workforce training or the community college affiliated with the workforce development center at which the person received the workforce training.
SECTION 4. This act shall take effect and be in force from and after July 1, 2020, and shall stand repealed on June 30, 2020.
