Bill Text: MS HB1364 | 2020 | Regular Session | Introduced
Bill Title: Escape; increase penalties upon conviction from a maximum of 5 years to a maximum of 10 years.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-03 - Died In Committee [HB1364 Detail]
Download: Mississippi-2020-HB1364-Introduced.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Judiciary B
By: Representative Owen
House Bill 1364
AN ACT TO AMEND SECTION 97-9-45, MISSISSIPPI CODE OF 1972, AND 97-9-49, MISSISSIPPI CODE OF 1972, TO INCREASE THE PENALTY FROM 5 YEARS TO 10 YEARS FOR ANY OFFENDER WHO ESCAPES PRISON OR JAIL; TO AMEND SECTION 47-5-1007, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PARTICIPANTS IN THE INTENSIVE PROGRAM SHALL BE DEEMED AN ESCAPEE UNDER CERTAIN CIRCUMSTANCES AND SHALL BE PUNISHED AS SUCH; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 97-9-45, Mississippi Code of 1972, is amended as follows:
97-9-45. If any person
sentenced to the Mississippi Department of Corrections for any term shall
escape or attempt to escape from his particular unit or camp of confinement or
the boundaries of the penitentiary as a whole, or shall violate the order of
home detention pursuant to Section 47-5-1007 or shall escape or attempt to
escape from custody before confinement therein, he shall, upon conviction, be
punished by imprisonment in such prison for a term not exceeding * * * ten (10) years, to commence
from and after the expiration of the original term of his imprisonment as
extended in consequence of such escape or attempted escape.
Any convict who is entrusted to leave the boundaries of confinement by authorities of the Mississippi Department of Corrections or by the Governor, and who willfully fails to return within the stipulated time, or after the accomplishment of the purpose for which he was entrusted to leave, shall be an escapee and, upon conviction, shall be subject to the penalties provided under this section.
SECTION 2. Section 97-9-49, Mississippi Code of 1972, is amended as follows:
97-9-49. (1) (a) Whoever
escapes or attempts by force or violence to escape from any jail in which he is
confined, or from any custody under or by virtue of any process issued under
the laws of the State of Mississippi by any court or judge, or from the custody
of a sheriff or other peace officer pursuant to lawful arrest, shall, upon
conviction, if the confinement or custody is by virtue of an arrest on a charge
of felony, or conviction of a felony, be punished by imprisonment in the
penitentiary not exceeding * * * ten (10) years to commence at
the expiration of his former sentence, or, if the confinement or custody is by
virtue of an arrest of or charge for or conviction of a misdemeanor, be
punished by imprisonment in the county jail not exceeding one (1) year to
commence at the expiration of the sentence which the court has imposed or which
may be imposed for the crime for which he is charged.
(b) Whoever escapes or attempts by force or violence to escape from any confinement for contempt of court, shall, upon conviction, be found guilty of a misdemeanor and sentenced to imprisonment not to exceed six (6) months in the county jail.
(2) Anyone confined in any jail who is entrusted by any authorized person to leave the jail for any purpose and who willfully fails to return to the jail within the stipulated time, or after the accomplishment of the purpose for which he was entrusted to leave, shall be an escapee and shall be subject to the penalties provided in subsection (1).
SECTION 3. Section 47-5-1007, Mississippi Code of 1972, is amended as follows:
47-5-1007. (1) Any participant in the intensive supervision program who engages in employment shall pay a monthly fee to the department for each month such person is enrolled in the program. The department may waive the monthly fee if the offender is a full-time student or is engaged in vocational training. Juvenile offenders shall pay a monthly fee of not less than Ten Dollars ($10.00) but not more than Fifty Dollars ($50.00) based on a sliding scale using the standard of need for each family that is used to calculate TANF benefits. Money received by the department from participants in the program shall be deposited into a special fund which is hereby created in the State Treasury. It shall be used, upon appropriation by the Legislature, for the purpose of helping to defray the costs involved in administering and supervising such program. Unexpended amounts remaining in such special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in such special fund shall be deposited to the credit of the special fund.
(2) The participant shall admit any correctional officer into his residence at any time for purposes of verifying the participant's compliance with the conditions of his detention.
(3) The participant shall make the necessary arrangements to allow for correctional officers to visit the participant's place of education or employment at any time, based upon the approval of the educational institution or employer, for the purpose of verifying the participant's compliance with the conditions of his detention.
(4) The participant shall acknowledge and participate with the approved electronic monitoring device as designated by the department at any time for the purpose of verifying the participant's compliance with the conditions of his detention.
(5) The participant shall be responsible for and shall maintain the following:
(a) A working telephone line in the participant's home;
(b) A monitoring device in the participant's home, or on the participant's person, or both; and
(c) A monitoring device in the participant's home and on the participant's person in the absence of a telephone.
(6) The participant shall obtain approval from the correctional field officer before the participant changes residence.
(7) The participant shall not commit another crime during the period of home detention ordered by the court or department.
(8) Notice shall be given to the participant that violation of the order of home detention shall subject the participant to prosecution for the crime of escape as a felony and shall be punished pursuant to Section 97-9-45 upon conviction.
(9) The participant shall abide by other conditions as set by the court or the department.
SECTION 4. This act shall take effect and be in force from and after July 1, 2020.
