MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary A
By: Representatives Wooten, Hines, Bailey, Baker (74th), Blackmon, Buck (5th), Burnett, Flaggs, Fredericks, Holloway, Huddleston (30th), Jones (82nd), Lane, Middleton, Robinson, Thomas, Watson
AN ACT TO AMEND SECTION 9-23-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COURT HAVING JURISDICTION OVER A PERSON FOR A MATTER BEFORE THE COURT SHALL HAVE THE FINAL DETERMINATION ABOUT WHETHER THE PERSON MAY PARTICIPATE IN DRUG COURT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 9-23-15, Mississippi Code of 1972, is amended as follows:
9-23-15. (1) In order to be eligible for alternative sentencing through a local drug court, the participant must satisfy each of the following criteria:
(a) The participant cannot have any felony convictions for any offenses that are crimes of violence.
(b) The crime before the court cannot be a crime of violence.
(c) Other criminal proceedings alleging commission of a crime of violence cannot be pending against the participant.
(d) The participant cannot have been currently charged with burglary of an occupied dwelling.
(e) The crime before the court cannot be a charge of driving under the influence of alcohol or any other drug or drugs that resulted in the death of a person.
(f) The crime charged cannot be one of distribution, sale, possession with intent to distribute, production, manufacture or cultivation of controlled substances, nor can the participant have a prior conviction for same.
(2) Participation in the services of an alcohol and drug intervention component shall be open only to the individuals over whom the court has jurisdiction, except that the court may agree to provide the services for individuals referred from another drug court. In cases transferred from another jurisdiction, the receiving judge shall act as a special master and make recommendations to the sentencing judge.
(3) (a) As a condition of participation in a drug court, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the drug court. A participant is liable for the costs of all chemical tests required under this section, regardless of whether the costs are paid to the drug court or the laboratory; * * * however, if testing is available from other sources or the program itself, the judge may waive any fees for testing.
(b) A laboratory that performs a chemical test under this section shall report the results of the test to the drug court.
(4) A person does not have a right to participate in drug court under this chapter. The court having jurisdiction over a person for a matter before the court shall have the final determination about whether the person may participate in drug court under this chapter.
SECTION 2. This act shall take effect and be in force from and after July 1, 2010.