Bill Text: MS HB908 | 2019 | Regular Session | Introduced
Bill Title: Notice requirements prior to release of offenders by Department of Corrections, certain; shall be applicable only when releasing violent offenders.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-02-05 - Died In Committee [HB908 Detail]
Download: Mississippi-2019-HB908-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Corrections
By: Representative Holland
House Bill 908
AN ACT TO AMEND SECTION 47-5-177, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS' MINIMUM 15 DAY NOTICE REQUIREMENT, WHICH IS PROVIDED TO LOCAL LAW ENFORCEMENT PRIOR TO THE RELEASE OF AN OFFENDER, SHALL ONLY APPLY WHEN AN OFFENDER WHO HAS BEEN CONVICTED OF COMMITTING A CRIME OF VIOLENCE, IS SCHEDULED TO BE RELEASED; TO AMEND SECTION 47-7-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MINIMUM 15 DAY NOTICE OF RELEASE THAT IS GIVEN TO THE VICTIM OF AN OFFENSE BY THE PAROLE BOARD SHALL ONLY BE PROVIDED TO THE VICTIM IF THE OFFENDER, WHO IS TO BE RELEASED, HAS BEEN CONVICTED OF COMMITTING A CRIME OF VIOLENCE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-5-177, Mississippi Code of 1972, is amended as follows:
47-5-177. At least fifteen
(15) days prior to the release of * * * an offender who was convicted of a
crime of violence, as prescribed under Section 97-3-2, from the custody of
the department because of discharge, parole, pardon, temporary personal leave
or pass, or otherwise, except for sickness or death in the offender's family,
the director of records of the department shall give written or electronic
notice of such release to the sheriff of the county and to the chief of
police of the municipality where the offender was convicted. If the offender
is paroled to a county other than the county of conviction, the director of
records shall give written or electronic notice of the release to the sheriff,
district attorney and circuit judge of the county and to the chief of police of
the municipality where the offender is paroled and to the sheriff of the county
and to the chief of police of the municipality where the offender was
convicted. The department shall notify the parole officer of the county where
the offender is paroled or discharged to probation of any chronic mental
disorder incurred by the offender, of any type of infectious disease for which
the offender has been examined and treated, and of any medications provided to
the offender for such conditions.
The commissioner shall require the director of records to clearly identify the notice of release of an offender who has been convicted of arson at any time. The fact that the offender to be released had been convicted of arson at any time shall appear prominently on the notice of release and the sheriff shall notify all officials who are responsible for investigation of arson within the county of such offender's release and the chief of police shall notify all such officials within the municipality of such offender's release.
SECTION 2. Section 47-7-17, Mississippi Code of 1972, is amended as follows:
47-7-17. Within one (1) year after his or her admission and at such intervals thereafter as it may determine, the board shall secure and consider all pertinent information regarding each offender, except any under sentence of death or otherwise ineligible for parole, including the circumstances of his offense, his or her previous social history, his or her previous criminal record, including any records of law enforcement agencies or of a youth court regarding that offender's juvenile criminal history, his or her conduct, employment and attitude while in the custody of the department, the case plan created to prepare the offender for parole, and the reports of such physical and mental examinations as have been made. The board shall furnish at least three (3) months' written notice to each such offender of the date on which he or she is eligible for parole.
Before ruling on the
application for parole of any offender, the board may require a parole-eligible
offender to have a hearing as required in this chapter before the board and to
be interviewed. The hearing shall be held no later than thirty (30) days prior
to the month of eligibility. No application for parole of a person convicted
of a capital offense shall be considered by the board unless and until notice
of the filing of such application shall have been published at least once a
week for two (2) weeks in a newspaper published in or having general
circulation in the county in which the crime was committed. The board shall,
within thirty (30) days prior to the scheduled hearing, also give notice of the
filing of the application for parole to the victim of the offense for which the
prisoner is incarcerated and being considered for parole or, in case the
offense be homicide, a designee of the immediate family of the victim, provided
the victim or designated family member has furnished in writing a current
address to the board for such purpose. Parole release shall, at the hearing,
be ordered only for the best interest of society, not as an award of clemency;
it shall not be considered to be a reduction of sentence or pardon. An
offender shall be placed on parole only when arrangements have been made for
his proper employment or for his maintenance and care, and when the board
believes that he or she is able and willing to fulfill the obligations
of a law-abiding citizen. When the board determines that the offender will
need transitional housing upon release in order to improve the likelihood of * * * he or * * * she becoming a law-abiding citizen,
the board may parole the offender with the condition that the inmate spends no
more than six (6) months in a transitional reentry center. At least fifteen
(15) days prior to the release of an offender on parole, who was convicted
of a crime of violence, as prescribed under Section 97-3-2, the director of
records of the department shall give the written notice which is required
pursuant to Section 47-5-177. Every offender while on parole shall remain in
the legal custody of the department from which he or she was released
and shall be amenable to the orders of the board. Upon determination by the board
that an offender is eligible for release by parole, notice shall also be given
within at least fifteen (15) days before release of an offender who was
convicted of a crime of violence, as prescribed under Section 97-3-2, by
the board to the victim of the offense or the victim's family member, as
indicated above, regarding the date when the offender's release shall occur,
provided a current address of the victim or the victim's family member has been
furnished in writing to the board for such purpose.
Failure to provide notice to the victim or the victim's family member of the filing of the application for parole or of any decision made by the board regarding parole shall not
constitute grounds for vacating an otherwise lawful parole determination nor shall it create any right or liability, civilly or criminally, against the board or any member thereof.
A letter of protest against granting an offender parole shall not be treated as the conclusive and only reason for not granting parole.
The board may adopt such other rules not inconsistent with law as it may deem proper or necessary with respect to the eligibility of offenders for parole, the conduct of parole hearings, or conditions to be imposed upon parolees, including a condition that the parolee submit, as provided in Section 47-5-601 to any type of breath, saliva or urine chemical analysis test, the purpose of which is to detect the possible presence of alcohol or a substance prohibited or controlled by any law of the State of Mississippi or the United States. The board shall have the authority to adopt rules related to the placement of certain offenders on unsupervised parole and for the operation of transitional reentry centers. However, in no case shall an offender be placed on unsupervised parole before he has served a minimum of fifty percent (50%) of the period of supervised parole.
SECTION 3. This act shall take effect and be in force from and after July 1, 2019.
