Bill Text: MS HB1079 | 2013 | Regular Session | Introduced

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Bill Title: Earned time allowances; prohibit certain inmates from obtaining.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-02-05 - Died In Committee [HB1079 Detail]

Download: Mississippi-2013-HB1079-Introduced.html

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MISSISSIPPI LEGISLATURE

2013 Regular Session

To: Corrections

By: Representative Formby

House Bill 1079

AN ACT TO AMEND SECTION 47-5-139, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF AN INMATE HAS BEEN CONVICTED OF A VIOLENT FELONY AFTER THE INMATE HAD BEEN CONVICTED PREVIOUSLY OF ANOTHER VIOLENT FELONY AND SERVED TIME FOR SUCH PREVIOUS FELONY THEN THE INMATE IS INELIGIBLE FOR EARNED TIME ALLOWANCE; TO DEFINE THE TERM "VIOLENT FELONY"; TO AMEND SECTION 47-5-138.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN INMATE IN TRUSTY STATUS IS INELIGIBLE FOR THE ACCUMULATION OF TRUSTY TIME ALLOWANCE IF SUCH TRUSTY HAS BEEN CONVICTED OF A VIOLENT FELONY AFTER THE TRUSTY HAD BEEN CONVICTED PREVIOUSLY OF ANOTHER VIOLENT FELONY AND SERVED TIME FOR SUCH  PREVIOUS FELONY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 47-5-139, Mississippi Code of 1972, is amended as follows:

     47-5-139.  (1)  An inmate shall not be eligible for the earned time allowance if:

          (a)  The inmate was sentenced to life imprisonment; but an inmate, except an inmate sentenced to life imprisonment for capital murder, who has reached the age of sixty-five (65) or older and who has served at least fifteen (15) years may petition the sentencing court for conditional release;

          (b)  The inmate was convicted as a habitual offender under Sections 99-19-81 through 99-19-87;

          (c)  The inmate has forfeited his earned time allowance by order of the commissioner;

          (d)  The inmate was convicted of a sex crime; * * *or

          (e)  The inmate has not served the mandatory time required for parole eligibility for a conviction of robbery or attempted robbery with a deadly weapon * * *.; or

          (f)  The inmate was convicted of a violent felony after the inmate had been convicted previously of another violent felony and served time for such previous felony.  For purposes of this paragraph, "violent felony" means an inmate has been convicted of homicide, robbery, manslaughter, arson, burglary of an occupied dwelling, aggravated assault, kidnapping, felonious abuse of vulnerable adults, felony child abuse, or exploitation, or a felony with an enhanced penalty, or any crime under Sections 97-5-33, 97-5-39(2), 97-5-39(1)(b), 97-5-39(1)(c) or a violation of Section 63-11-30(5).

     (2)  An offender under two (2) or more consecutive sentences shall be allowed commutation based upon the total term of the sentences.

     (3)  All earned time shall be forfeited by the inmate in the event of escape and/or aiding and abetting an escape.  The commissioner may restore all or part of the earned time if the escapee returns to the institution voluntarily, without expense to the state, and without act of violence while a fugitive from the facility.

     (4)  Any officer or employee who shall willfully violate the provisions of this section and be convicted therefor shall be removed from office or employment.

     SECTION 2.  Section 47-5-138.1, Mississippi Code of 1972, is amended as follows:

     47-5-138.1.  (1)  In addition to any other administrative reduction of sentence, an offender in trusty status as defined by the classification board of the Department of Corrections may be awarded a trusty time allowance of thirty (30) days' reduction of sentence for each thirty (30) days of participation during any calendar month in an approved program while in trusty status, including satisfactory participation in education or instructional programs, satisfactory participation in work projects and satisfactory participation in any special incentive program.

     (2)  An offender in trusty status shall not be eligible for a reduction of sentence under this section if:

          (a)  The offender was sentenced to life imprisonment;

          (b)  The offender was convicted as an habitual offender under Sections 99-19-81 through 99-19-87;

          (c)  The offender was convicted of a sex crime;

          (d)  The offender has not served the mandatory time required for parole eligibility, as prescribed under Section 47-7-3, for a conviction of robbery or attempted robbery through the display of a deadly weapon, carjacking through the display of a deadly weapon or a drive-by shooting;

          (e)  The offender was convicted of possession with the intent to deliver or sell a controlled substance under Section 41-29-139; * * *or

          (f)  The offender was convicted of trafficking in controlled substances under Section 41-29-139 * * *.; or

          (g)  The inmate was convicted of a violent felony after the inmate had been convicted previously of another violent felony and served time for such previous felony.  For purposes of this paragraph, "violent felony" means an inmate has been convicted of homicide, robbery, manslaughter, arson, burglary of an occupied dwelling, aggravated assault, kidnapping, felonious abuse of vulnerable adults, felony child abuse, or exploitation, or a felony with an enhanced penalty, or any crime under Sections 97-5-33, 97-5-39(2), 97-5-39(1)(b), 97-5-39(1)(c) or a violation of Section 63-11-30(5). 

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2013.

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