Bill Text: MS HB715 | 2015 | Regular Session | Engrossed
Bill Title: Canteen funds for state offenders; require restitution to be paid from if court has ordered restitution.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-03-03 - Died In Committee [HB715 Detail]
Download: Mississippi-2015-HB715-Engrossed.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Corrections
By: Representative Taylor
House Bill 715
(As Passed the House)
AN ACT TO REQUIRE ANY STATE OFFENDER WHO HAS MORE THAN ONE HUNDRED DOLLARS IN HIS OR HER CANTEEN FUND TO MAKE RESTITUTION, AS ORDERED BY A COURT, FROM THE FUND BEFORE SUCH OFFENDER IS RELEASED FROM THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS; TO PROVIDE CERTAIN DEFINITIONS; TO PROHIBIT CERTAIN TRANSFERS FROM THE CANTEEN FUND OF THE OFFENDER IF THE OFFENDER IS NEAR HIS OR HER RELEASE DATE; TO AMEND SECTIONS 99-37-15, 47-5-109 AND 99-37-3, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The following terms as used in this section shall have the following meanings ascribed to them:
(a) "Canteen fund" means funds that inmates may utilize for certain goods and other items of value that are made available to offenders for purchase while incarcerated;
(b) "Restitution" means full, partial or nominal payment of pecuniary damages to a victim that is ordered by a court; and
(c) "Victim" means any person whom the court determines has suffered pecuniary damages as a result of the criminal activities of the defendant. "Victim" shall not include any coparticipant in the defendant's criminal activities, or any person knowingly participating in a criminal act at the time he or she became a victim.
(2) When a state offender is within six (6) weeks of his or her release from a correctional facility and such offender has more than One Hundred Dollars ($100.00) in his or her canteen fund and has been sentenced to make restitution to a victim, the following conditions shall apply upon the release of an offender:
(a) The offender shall make restitution from his or her canteen fund if the offender has more than One Hundred Dollars ($100.00) in his or her canteen fund;
(b) The restitution amount shall be made only from the amount that is above One Hundred Dollars ($100.00) in the canteen fund of the offender;
(c) If the restitution amount is completely made and there are residual funds in the canteen fund, separate from the One Hundred Dollars ($100.00), then the offender may receive the remainder of the funds upon his or her release.
(3) Within six (6) weeks of the date that the offender is to be released, there shall be no transfers or transactions made by the offender from his or canteen fund, except to purchase goods from the facility that provides canteen services.
SECTION 2. Section 99-37-15, Mississippi Code of 1972, is amended as follows:
99-37-15. (1) (a) Whenever an offender in the custody of the Department of Corrections is paroled, placed on earned probation or other form of release, and when such offender has been sentenced to make restitution pursuant to Section 99-37-3 but with respect to whom payment of all or a portion of the restitution was suspended until his release from confinement, the making of restitution shall be a condition of the offender's release.
(b) If an offender has more than One Hundred Dollars ($100.00) in his or her canteen fund, then any amount over the One Hundred Dollars ($100.00) shall be made as restitution to a victim, as may be required by a court, as a condition of the offender's release, as prescribed under Section 1 of this act.
(2) The Commissioner of Corrections shall establish a schedule by which payment of the restitution may be resumed. In fixing the schedule and supervising the released offender's performance thereunder, the commissioner shall consider the factors specified in subsection (2) of Section 99-37-3. The commissioner shall provide to the sentencing court a copy of the schedule and any modifications thereof. Such offenders shall make restitution payments directly to the victim.
(3) As an alternative to a contempt proceeding under Sections 99-37-7 through 99-37-13, the intentional refusal to obey the restitution order or a failure by an offender to make a good faith effort to make such restitution may be considered a violation of an offender's release and may be cause for revocation of his parole, earned probation or other form of release.
SECTION 3. Section 47-5-109, Mississippi Code of 1972, is amended as follows:
47-5-109. (1) The State
Department of Corrections is hereby authorized to operate a facility or
facilities to be known as an inmate canteen facility or facilities, the purpose
of which is to make available certain goods and other items of value for
purchase by offenders confined at the State Penitentiary at Parchman, offenders
confined at any other facility of the department, certain employees of the
department and certain persons visiting offenders or employees. The
commissioner shall promulgate rules and regulations for the operation of such a
facility * * *,
and such facility shall be subject to Section 1 of this act regarding making
court ordered restitution to victims from the canteen funds of offenders.
(2) Any funds which may be derived from the operation of an inmate canteen facility or facilities shall be deposited into an account to be known as the Canteen Fund. For accounting purposes, certain allocated costs attributable to the operation of such a facility, and as prescribed by the rules and regulations of the board, shall be chargeable as operating costs against profits earned. These costs of operation which are chargeable shall include, but shall not be limited to, rent allocation, utility allocation and employee wages. Any net profits which may accrue from the operation of such a facility and any interest earned thereon shall be deposited into the Inmate Welfare Fund.
SECTION 4. Section 99-37-3, Mississippi Code of 1972, is amended as follows:
99-37-3. (1) When a person is convicted of criminal activities which have resulted in pecuniary damages, in addition to any other sentence it may impose, the court may order that the defendant make restitution to the victim; provided, however, that the justice court shall not order restitution in an amount exceeding Five Thousand Dollars ($5,000.00).
(2) In determining whether to order restitution which may be complete, partial or nominal, the court shall take into account:
(a) The financial resources of the defendant and the burden that payment of restitution will impose, with due regard to the other obligations of the defendant;
(b) The ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court; and
(c) The rehabilitative effect on the defendant of the payment of restitution and the method of payment.
(3) If the defendant objects to the imposition, amount or distribution of the restitution, the court shall, at the time of sentencing, allow him to be heard on such issue.
(4) If the court determines that restitution is inappropriate or undesirable, an order reciting such finding shall be entered, which should also state the underlying circumstances for such determination.
(5) If the court orders restitution and an offender is a state offender who is incarcerated by the Department of Corrections, the offender is subject to Section 1 of this act in making his or her restitution to a victim.
SECTION 5. This act shall take effect and be in force from and after its passage.
