Bill Text: MS HB1287 | 2010 | Regular Session | Enrolled
Bill Title: Intensive supervision program; increase monthly program fee that offenders must pay to participate in.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2010-04-07 - Approved by Governor [HB1287 Detail]
Download: Mississippi-2010-HB1287-Enrolled.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Corrections
By: Representative Malone
House Bill 1287
(As Sent to Governor)
AN ACT TO AMEND SECTION 47-5-1013, MISSISSIPPI CODE OF 1972, TO INCREASE FROM $80.00 TO $88.00 THE AMOUNT OFFENDERS PAY IN ORDER TO PARTICIPATE IN THE INTENSIVE SUPERVISION PROGRAM OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTIONS 47-1-41, 47-1-47 AND 99-19-20, MISSISSIPPI CODE OF 1972, TO PROVIDE A UNIFORM CREDIT AGAINST FINES FOR WORK PERFORMED BY A CONVICT AND FOR EACH DAY OF CONFINEMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-5-1013, Mississippi Code of 1972, is amended as follows:
47-5-1013. Participants enrolled in an intensive supervision program shall be required to:
(a) Maintain employment if physically able, or full-time student status at an approved school or vocational trade, and make progress deemed satisfactory to the correctional field officer, or both, or be involved in supervised job searches.
(b) Pay restitution and program fees as directed by the department. Program fees shall not be less than Eighty-eight Dollars ($88.00) per month. The sentencing judge may charge a program fee of less than Eighty-eight Dollars ($88.00) per month in cases of extreme financial hardship, when such judge determines that the offender's participation in the program would provide a benefit to his community. Program fees shall be deposited in the special fund created in Section 47-5-1007.
(c) Establish a place of residence at a place approved by the correctional field officer, and not change his residence without the officer's approval. The correctional officer shall be allowed to inspect the place of residence for alcoholic beverages, controlled substances and drug paraphernalia.
(d) Remain at his place of residence at all times except to go to work, to attend school, to perform community service and as specifically allowed in each instance by the correctional field officer.
(e) Allow administration of drug and alcohol tests as requested by the field officer.
(f) Perform not less than ten (10) hours of community service each month.
(g) Meet any other conditions imposed by the court to meet the needs of the offender and limit the risks to the community.
SECTION 2. Section 47-1-41, Mississippi Code of 1972, is amended as follows:
47-1-41. (1) Any person convicted of violating any ordinance of any city, town or village in this state and sentenced to pay a fine and costs therefor, and failing to do so, may be worked on the streets or other public works of the municipality in the custody of the street commissioner, or other person designated by the mayor and board of aldermen, or councilmen of such municipality and at its expense, and shall receive credit on such fine and costs as provided in Section 99-19-20 for each day so worked, and such municipality shall accord the same treatment to its convicts that is required by this chapter to county convicts. The responsibility of carrying out the provisions of this section shall devolve on the mayor and board of aldermen or board of councilmen of each municipality with reference to its convicts. In the event it is, in the judgment of the ruling authorities of any village in the state or of any small town in the state, unprofitable to work the convicts as above provided, then such village or town may contract with the board of supervisors of the county at the best price and take and work such convicts on the county farm, but the convict shall receive credit at the rate provided in Section 99-19-20 for each day worked * * *.
(2) If a convict is unable to work or if the city, town or village is unable to provide work for the convict, the convict shall receive the credit provided in Section 99-19-20 for each day of confinement.
SECTION 3. Section 47-1-47, Mississippi Code of 1972, is amended as follows:
47-1-47. (1) Every county or municipal convict shall be comfortably clothed at the expense of the county or municipality, but all clothing furnished shall remain the property of the county or municipality, and shall be thoroughly fumigated and disinfected before being allotted to a convict after having been used by another, and every convict shall be sufficiently fed, to maintain his body and induce his good health, with substantial and suitable food to be furnished and prepared and paid for by the county or municipality. * * * Every convict, for each day's work he is required to do, shall receive credit on his fine and costs assessed against him at the rate provided under Section 99-19-20, until such fine and costs are fully paid. * * * In case the convict is serving a sentence of imprisonment, each day that he works in serving such sentence shall entitle him credit for equal time on his sentence of imprisonment, but in no instance shall a convict receive credit on the fine and costs and on the time sentenced to imprisonment for the same work. No convict shall be allowed to labor more than eight (8) hours per day, but shall be required, when able, to perform eight (8) hours labor each day.
(2) If a convict is unable to work or if the county or the municipality is unable to provide work for the convict, the convict shall receive the credit provided in Section 99-19-20 for each day of imprisonment.
SECTION 4. Section 99-19-20, Mississippi Code of 1972, is amended as follows:
99-19-20. (1) When any court sentences a defendant to pay a fine, the court may order (a) that the fine be paid immediately, or (b) that the fine be paid in installments to the clerk of said court or to the judge, if there be no clerk, or (c) that payment of the fine be a condition of probation, or (d) that the defendant be required to work on public property for public benefit under the direction of the sheriff for a specific number of hours, or (e) any combination of the above.
(2) The defendant may be imprisoned until the fine is paid if the defendant is financially able to pay a fine and the court so finds, subject to the limitations hereinafter set out. The defendant shall not be imprisoned if the defendant is financially unable to pay a fine and so states to the court in writing, under oath, after sentence is pronounced, and the court so finds, except if the defendant is financially unable to pay a fine and such defendant failed or refused to comply with a prior sentence as specified in subsection (1) of this section, the defendant may be imprisoned.
This subsection shall be limited as follows:
(a) In no event shall such period of imprisonment exceed one (1) day for each Twenty-five Dollars ($25.00) of the fine. If a defendant is unable to work or if the county or the municipality is unable to provide work for the defendant, the defendant shall receive a credit of Twenty-five Dollars ($25.00) for each day of imprisonment.
(b) If a sentence of imprisonment, as well as a fine, were imposed, the aggregate of such term for nonpayment of a fine and the original sentence of imprisonment shall not exceed the maximum authorized term of imprisonment.
(c) It shall be in the discretion of the judge to determine the rate of the credit * * * to be earned for work performed under subsection (1)(d), but the rate shall be no lower than the rate of the highest current federal minimum wage.
(3) Periods of confinement imposed for nonpayment of two (2) or more fines shall run consecutively unless specified by the court to run concurrently.
SECTION 5. This act shall take effect and be in force from and after its passage.
