Bill Text: MS SB2279 | 2010 | Regular Session | Introduced

Mississippi Senate Bill 2279 (Prior Session Legislation)

Introduced

Bill Title: Reentry courts; provide for creation of.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-02-02 - Died In Committee [SB2279 Detail]

Download: Mississippi-2010-SB2279-Introduced.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Judiciary, Division A

By: Senator(s) Walls

Senate Bill 2279

AN ACT TO PROVIDE FOR THE CREATION OF REENTRY COURTS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) This section shall be known as the Reentry Court Act.

(2) A reentry court may be established by the senior judge of any circuit, county or youth court.

(3) The purpose of a reentry court shall be to reduce criminal and delinquent recidivism and the incidence of child abuse and neglect; to increase personal, familial and societal accountability of adult and juvenile offenders and defendants and respondents in juvenile petitions; and to promote effective interaction and use of resources among criminal and juvenile justice personnel, child protective services personnel and community agencies.

(4) In order to be eligible for alternative sentencing through a local reentry court, the participant must satisfy each of the following criteria:

(a) The participant cannot have any felony convictions for any offenses which are crimes of violence.

(b) The crime before the court cannot be a crime of violence.

(d) The participant cannot have been currently charged with burglary of an occupied dwelling.

(e) The crime before the court cannot be a charge of driving under the influence of alcohol or any other drug or drugs that resulted in the death of a person.

(f) The crime charged cannot be one of distribution, sale, possession with intent to distribute, production, manufacture or cultivation of controlled substances, nor can the participant have a prior conviction for same.

(g) A person does not have a right to participate in a reentry court under this section.

(5) (a) All monies received from any source by the reentry court shall be accumulated in a fund to be used only for reentry court purposes. Any funds remaining in this fund at the end of a fiscal year shall not lapse into any general fund, but shall be retained in the reentry court fund for the funding of further activities by the reentry court.

(b) A reentry court may apply for and receive the following:

(i) Gifts, bequests and donations from private sources.

(ii) Grant and contract money from governmental sources.

(iii) Other forms of financial assistance approved by the court to supplement the budget of the reentry court.

(6) If the participant completes all requirements imposed upon him by the reentry court, including the payment of fines and fees assessed, the charge and prosecution shall be dismissed. If the defendant or participant was sentenced at the time of entry of plea of guilty, the successful completion of the reentry court order and other requirements of probation or suspension of sentence will result in the record of the criminal conviction or adjudication being expunged. However, no expunction of any implied consent violation shall be allowed.

SECTION 2. This act shall take effect and be in force from and after July 1, 2010.