MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary, Division B
By: Senator(s) Simmons (12th)
AN ACT TO AMEND SECTIONS 9-23-5 AND 9-23-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A CONVICTION FOR BURGLARY OF A DWELLING IS NOT A CRIME OF VIOLENCE FOR PURPOSES OF DETERMINING AN OFFENDER'S ELIGIBILITY FOR AN INTERVENTION COURT PROGRAM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-23-5, Mississippi Code of 1972, is amended as follows:
9-23-5. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:
(a) "Chemical" tests means the analysis of an individual's: (i) blood, (ii) breath, (iii) hair, (iv) sweat, (v) saliva, (vi) urine, or (vii) other bodily substance to determine the presence of alcohol or a controlled substance.
(b) "Crime of
violence" means * * * any offense listed in Section 97-3-2 other than
burglary of a dwelling defined in Section 97-17-32(1).
(c) "Intervention court" means a drug court, mental health court, veterans court or problem-solving court that utilizes an immediate and highly structured intervention process for eligible defendants or juveniles that brings together mental health professionals, substance abuse professionals, local social programs and intensive judicial monitoring.
(d) "Evidence-based practices" means supervision policies, procedures and practices that scientific research demonstrates reduce recidivism.
(e) "Risk and needs assessment" means the use of an actuarial assessment tool validated on a Mississippi corrections population to determine a person's risk to reoffend and the characteristics that, if addressed, reduce the risk to reoffend.
SECTION 2. Section 9-23-15, Mississippi Code of 1972, is amended as follows:
9-23-15. (1) In order to be eligible for alternative sentencing through a local intervention court, the participant must satisfy each of the following criteria:
(a) The participant
cannot have * * *:
(i) A
felony * * *
conviction within the previous ten (10) years for any offenses that are
crimes of violence as defined in * * * this chapter;
(ii) Any felony convictions for trafficking in controlled substances defined in Section 41-29-139(f); or
(iii) Any other pending criminal proceedings alleging that the participant committed a crime of violence as defined in this chapter.
(b) The crime before the court cannot be any of the following:
(i) A crime
of violence as defined in * * *
this chapter; or
(ii) Trafficking in controlled substances under Section 41-29-139(f).
(c) Other criminal proceedings alleging commission of a crime of violence cannot be pending against the participant.
(d) The participant cannot be charged with burglary of a dwelling under Section 97-17-23(2) or 97-17-37.
(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 trafficking in controlled substances under Section 41-29-139(f), nor can the participant have a prior conviction for same.
(2) Participation in the services of an alcohol and drug intervention component shall be open only to the individuals over whom the court has jurisdiction, except that the court may agree to provide the services for individuals referred from another intervention court. In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.
(3) (a) As a condition of participation in an intervention court, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the intervention court. A participant is liable for the costs of all chemical tests required under this section, regardless of whether the costs are paid to the intervention court or the laboratory; however, if testing is available from other sources or the program itself, the judge may waive any fees for testing. The judge may waive all fees if the applicant is determined to be indigent.
(b) A laboratory that performs a chemical test under this section shall report the results of the test to the intervention court.
(4) A person does not have a right to participate in intervention court under this chapter. The court having jurisdiction over a person for a matter before the court shall have the final determination about whether the person may participate in intervention court under this chapter. However, any person meeting the eligibility criteria in subsection (1) of this section shall, upon request, be screened for admission to intervention court.
SECTION 3. This act shall take effect and be in force from and after July 1, 2024.