Bill Text: MS HB1142 | 2012 | Regular Session | Introduced
Bill Title: "The Recidivism and Reduction Act"; create.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2012-03-06 - Died In Committee [HB1142 Detail]
Download: Mississippi-2012-HB1142-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Corrections; Appropriations
By: Representative Flaggs
House Bill 1142
AN ACT TO CREATE "THE RECIDIVISM REDUCTION ACT"; TO PROVIDE CERTAIN DEFINITIONS; TO REQUIRE THE DEPARTMENT OF CORRECTIONS AND CERTAIN COURTS TO UTILIZE CERTAIN EVIDENCE-BASED PRACTICES IN THE SUPERVISION OF INDIVIDUALS; TO REQUIRE CERTAIN STATE FUNDS TO BE EXPENDED ON THE UTILIZATION OF CERTAIN EVIDENCE-BASED PRACTICES; TO REQUIRE THE DEPARTMENT OF CORRECTIONS AND CERTAIN COURTS TO PROVIDE EMPLOYEE TRAINING ON SUCH PRACTICES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Recidivism Reduction Act."
SECTION 2. For purposes of this act, the following words and terms shall have the meanings ascribed in this section unless the context clearly indicates otherwise:
(a) "Agency" means:
(i) The Department of Corrections or the state agency responsible for supervising individuals placed on probation by the courts or serving a period of parole or post-release supervision from prison or jail; and
(ii) Any regional, local or county governmental agencies responsible for supervising individuals placed on probation by the courts or serving a period of parole or post-release supervision from prison or jail, provided such agencies receive state funding.
(b) "Evidence-based practices" means supervision policies, procedures, programs and practices that scientific research demonstrates reduce recidivism among individuals on probation, parole, or post-release supervision.
(c) "Community supervision" means:
(i) The placement of a defendant under supervision, with conditions imposed by a court for a specified period during which:
1. Criminal proceedings are deferred without an adjudication of guilt;
2. A sentence of imprisonment or confinement, imprisonment and fine, or confinement and fine, is probated and the imposition of sentence is suspended in whole or in part; or
(ii) The placement of an individual under supervision after release from prison or jail, with conditions imposed by the releasing authority for a specified period.
(d) "Supervised individual" means an individual placed on probation by a court or serving a period of parole or post-release supervision from prison or jail.
(e) "Supervision officer" means a person appointed or employed by the agency to supervise individuals placed on community supervision.
(f) "Criminal risk factors" means characteristics and behaviors that when addressed or changed affect a person's risk for committing crimes. Scientific research identifies these characteristics and behaviors as including: antisocial attitudes, values, and beliefs; poor impulse control; criminal personality; substance abuse; criminal peers; dysfunctional family; and lack of employment or education.
(g) "Case plan" means an individualized accountability and behavior change strategy for supervised individuals that:
(i) Targets and prioritizes the specific criminal risk factors of the offender;
(ii) Matches programs to the offender's individual characteristics, such as gender, culture, motivational stage, developmental stage, and learning style;
(iii) Establishes a timetable for achieving specific behavioral goals, including a schedule for payment of victim restitution, child support, and other financial obligations;
(iv) Specifies positive and negative actions that will be taken in response to the supervised individual's behaviors.
(h) "Program" means an intervention that:
(i) Is intended to reduce recidivism by supervised individuals; and
(ii) Is funded in whole or in part by the state or administered by any agency of state government;
(iii) "Program" does not include medical services.
SECTION 3. (1) The agency shall adopt policies, rules and regulations within four (4) years of the effective date of this act that result in at least twenty percent (20%) of supervised individuals being supervised in accordance with evidence-based practices.
(2) The policies, rules and regulations shall include:
(a) Adoption, validation and utilization of an objective risk and needs assessment tool;
(b) Use of assessment scores and other objective criteria to determine the risk level and program needs of each supervised individual, prioritizing supervision and program resources for offenders who are at higher risk to re-offend;
(c) Definitions of low, moderate and high risk levels during the period of supervision;
(d) Development of a case plan, based on the assessment, for each individual who is assessed to be moderate to high risk;
(e) Swift, certain, proportionate and graduated responses that an agency employee will apply in response to a supervised individual's compliant and noncompliant behaviors;
(f) Caseload size guidelines that are based on offender risk levels and take into account agency resources and employee workload; and
(g) Establishment of protocols and standards that assess the degree to which agency policies, procedures, programs and practices relating to offender recidivism reduction are evidence based.
(3) Within four (4) years of the effective date of this act, twenty percent (20%) of state monies expended on programs shall be for programs that are in accordance with evidence-based practices.
(4) Within four (4) years of the effective date of this act, the agency shall eliminate supervision policies, procedures, programs and practices intended to reduce recidivism that scientific research demonstrates do not reduce recidivism.
SECTION 4. (1) The agency shall adopt policies, rules and regulations that improve crime victim satisfaction with the criminal justice system, including:
(a) Payment by supervised individuals of victim restitution and child support;
(b) The opportunity for victims to complete victim impact statements or provide input into pre-sentence investigation reports;
(c) Providing victims information about their rights and services, and referrals to access those rights and services;
(d) Offering victims the opportunity to complete a "victim satisfaction survey," with data used to measure agency performance; and
(e) Facilitate victim-offender dialogue when the victim is willing.
SECTION 5. (1) The agency shall provide its employees with intensive initial and ongoing training and professional development services to support the implementation of evidence-based practices.
(2) The training and professional development services shall include assessment techniques, case planning, risk reduction and intervention strategies, effective communication skills, substance abuse and other topics identified by the agency or its employees.
SECTION 6.. (1) The Department of Corrections shall allocate a minimum of twenty percent (20%) of its operating budget to support data collection, analysis and research on supervision and programmatic effectiveness.
(2) The Department of Corrections may form partnerships or enter into contracts with institutions of higher education or other qualified organizations for assistance with data collection, analysis and research.
SECTION 7. (1) By March 1 of each year, beginning in 2013, the agency shall submit to the Governor, the Legislature and the judicial branch a comprehensive report on its efforts to implement this act. The report shall include the following:
(a) The percentage of supervised individuals being supervised in accordance with evidence-based practices;
(b) The percentage of state monies expended for programs that are evidence based, and a list of all programs with identification of which are evidence based;
(c) Specification of supervision policies, procedures, programs and practices that were eliminated;
(d) The results of victim satisfaction surveys administered under Section 6 of this act;
(e) The agency's recommendations for resource allocation, and any additional collaboration with other state, regional or local public agencies, private entities, or faith-based and community organizations.
(2) The agency shall make the full report and an executive summary available to the general public on its website.
SECTION 8. Nothing in this act supersedes or otherwise affects the provisions of Chapter 5, Title 47. In the event any provision in this act conflicts with any provision of Chapter 5, Title 47, the latter chapter and title are hereby deemed and shall be controlling over the provisions of this act.
SECTION 9. This act shall take effect and be in force from and after July 1, 2012.
