Bill Text: MS HB1402 | 2020 | Regular Session | Introduced
Bill Title: Department of Corrections; implement evidence-based recidivism reduction program and create certain risk assessment regarding recidivism.
Spectrum: Partisan Bill (Independent 1-0)
Status: (Failed) 2020-03-03 - Died In Committee [HB1402 Detail]
Download: Mississippi-2020-HB1402-Introduced.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Corrections; Appropriations
By: Representative Yates
House Bill 1402
AN ACT TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO IMPLEMENT AN EVIDENCE-BASED RECIDIVISM REDUCTION PROGRAM FOR PAROLE ELIGIBLE INMATES; TO DEFINE "EVIDENCE-BASED RECIDIVISM REDUCTION PROGRAM"; TO PROVIDE CERTAIN INCENTIVES IF AN INMATE PARTICIPATES IN THE PROGRAM; TO AMEND SECTION 47-7-3.1, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT TO CREATE A RISK OF ASSESSMENT OF RECIDIVISM IN AN INMATE'S CASE PLAN; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO SUBMIT A CERTAIN REPORT REGARDING ITS ABILITY TO PROVIDE EVIDENCE-BASED TREATMENT, INCLUDING MEDICATION-ASSISTED TREATMENT (MAT) FOR INMATES WITH OPIOID AND HEROIN ABUSE PROBLEMS; TO BRING FORWARD SECTION 47-5-1003, MISSISSIPPI CODE OF 1972, WHICH PERTAINS TO THE INTENSIVE SUPERVISION PROGRAM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Department of Corrections shall implement an evidence-based recidivism reduction program. The program shall be for any eligible inmate and shall provide incentives to encourage participation in the program as follows:
(a) Additional phone privileges, and if available, video conferencing privileges, of up to thirty (30) minutes a day, and up to five hundred ten (510) minutes a month;
(b) Additional time for visitation at the prison, as determined by the warden of the prison;
(c) Transfer to a facility closer to the inmate's release residence, subject to the availability of bed space, the inmate's security designation, and the recommendation from the warden of the prison at which the prisoner is incarcerated at the time of making the request; and
(d) Additional incentives and rewards as determined by the department, to include not less than two (2) of the following: (i) increased commissary spending limits and product offerings, (ii) greater email access, (iii) consideration for transfer to preferred housing units; and (iv) other incentives solicited from prisoners and determined appropriate by the department.
As used under this section "evidence-based recidivism reduction program" means a group or individual activity that (i) has been shown through empirical evidence to reduce recidivism or is based on research indicating that it is likely to be effective in reducing recidivism; (ii) is designed to help prisoners succeed in their communities upon release from prison; and (iii) may include social learning and communication, interpersonal, anti-bullying, rejection response, and other life skills; family relationship building, structured parent-child interaction, and parenting skills; classes on morals or ethics; academic classes; cognitive behavioral treatment; mentoring; substance abuse treatment; vocational training; faith-based classes or services; civic engagement and reintegrative community services; a prison job, including through a prison work program; victim impact classes or other restorative justice programs; and trauma counseling and trauma-informed support programs.
(2) Incentives that are awarded to inmates pursuant to this section shall be in addition to any other rewards or incentives that an inmate may be eligible for including, but not limited to, meritorious earned time and earned time.
SECTION 2. Section 47-7-3.1, Mississippi Code of 1972, is amended as follows:
47-7-3.1. (1) In consultation with the Parole Board, the department shall develop a case plan for all parole eligible inmates to guide an inmate's rehabilitation while in the department's custody and to reduce the likelihood of recidivism after release by implementing an evidence-based recidivism reduction program as required under Section 1 of this act.
(2) (a) Within ninety (90) days of admission, the department shall complete a case plan on all inmates which shall include, but not limited to:
( * * *i) Programming and treatment
requirements based on the results of a risk and needs assessment;
( * * *ii) Any programming or treatment
requirements contained in the sentencing order; and
( * * *iii) General behavior requirements in
accordance with the rules and policies of the department.
(b) In addition to requirements prescribed under paragraph (a) of this subsection, within ninety (90) days of admission, the department shall also include a component within the case plan on all inmates to assess the risk of recidivism by developing a system to:
(i) Determine the risk of recidivism of each inmate during the intake process and classify each inmate as having a minimum, low, medium, or high risk;
(ii) Assess and determine, to the extent practicable, the risk of violent or serious prison misconduct of each inmate;
(iii) Determine the type and amount of recidivism reduction programming that is appropriate for each inmate and assign each inmate to programming based on the inmate's specific criminogenic needs;
(iv) Periodically reassess the recidivism risk of each inmate;
(v) Reassign inmates to appropriate recidivism reduction programs or productive activities based on their reassessed risk of recidivism to ensure that all inmates have an opportunity to reduce their risk classification, that the programs address inmates' criminogenic needs, and that all inmates are able to successfully participate in such programs;
(vi) Determine when to provide incentives and rewards for successful participation in recidivism reduction programs or productive activities;
(vii) Determine when an inmate is ready to transfer into prerelease custody or supervised release; and
(viii) Determine the appropriate use of audio technology for program course materials to accommodate inmates with dyslexia.
(3) The department shall provide the inmate with a written copy of the case plan and the inmate's caseworker shall explain the conditions set forth in the case plan.
(a) Within ninety (90) days of admission, the caseworker shall notify the inmate of their parole eligibility date as calculated in accordance with Section 47-7-3(3);
(b) At the time a parole-eligible inmate receives the case plan, the department shall send the case plan to the Parole Board for approval.
(4) The department shall ensure that the case plan is achievable prior to inmate's parole eligibility date.
(5) The caseworker shall meet with the inmate every eight (8) weeks from the date the offender received the case plan to review the inmate's case plan progress.
(6) Every four (4) months the department shall electronically submit a progress report on each parole-eligible inmate's case plan to the Parole Board. The board may meet to review an inmate's case plan and may provide written input to the caseworker on the inmate's progress toward completion of the case plan.
(7) The Parole Board shall provide semiannually to the Oversight Task Force the number of parole hearings held, the number of prisoners released to parole without a hearing and the number of parolees released after a hearing.
SECTION 3. (1) By October 1, 2020, the Department of Corrections shall submit a report to the Governor, Lieutenant Governor, Speaker of the House of Representatives and the Chairmen of the Corrections Committees of the House of Representatives and the Senate that assesses the availability of and the capacity of the Department of Corrections to provide evidence-based treatment, including medication-assisted treatment, where appropriate, for inmates with opioid and heroin abuse problems.
(2) As part of the report, the department shall provide a plan to expand access to evidence-based treatment for inmates with heroin and opioid abuse problems, including medication-assisted treatment, where appropriate. After submitting the report, the department shall execute the plan it outlines in the report.
SECTION 4. Section 47-5-1003, Mississippi Code of 1972, is brought forward as follows:
47-5-1003. (1) An intensive supervision program may be used as an alternative to incarceration for offenders who are not convicted of a crime of violence pursuant to Section 97-3-2 as selected by the court and for juvenile offenders as provided in Section 43-21-605. Any offender convicted of a sex crime shall not be placed in the program.
(2) The court may place the defendant on intensive supervision, except when a death sentence or life imprisonment is the maximum penalty which may be imposed by a court or judge.
(3) To protect and to ensure the safety of the state's citizens, any offender who violates an order or condition of the intensive supervision program may be arrested by the correctional field officer and placed in the actual custody of the Department of Corrections. Such offender is under the full and complete jurisdiction of the department and subject to removal from the program by the classification hearing officer.
(4) When any circuit or county court places an offender in an intensive supervision program, the court shall give notice to the Mississippi Department of Corrections within fifteen (15) days of the court's decision to place the offender in an intensive supervision program. Notice shall be delivered to the central office of the Mississippi Department of Corrections and to the regional office of the department which will be providing supervision to the offender in an intensive supervision program.
The courts may not require an offender to participate in the intensive supervision program during a term of probation or post-release supervision.
(5) The Department of Corrections shall provide to the Oversight Task Force all relevant data regarding the offenders participating in the intensive supervision program including the number of offenders admitted to the program annually, the number of offenders who leave the program annually and why they leave, the number of offenders who are arrested or convicted annually and the circumstances of the arrest and any other information requested.
SECTION 5. This act shall take effect and be in force from and after July 1, 2020.
