Bill Text: MS HB916 | 2017 | Regular Session | Introduced

Mississippi House Bill 916 (Prior Session Legislation)

Introduced

Bill Title: Joint state-county work program; authorize judges to order offenders to participate in.

Sponsorship: Bipartisan Bill

Status: (Failed) 2017-01-31 - Died In Committee [HB916 Detail]

Download: Mississippi-2017-HB916-Introduced.html

MISSISSIPPI LEGISLATURE

2017 Regular Session

To: Corrections; Judiciary B

By: Representative Kinkade

House Bill 916

AN ACT TO AMEND SECTION 47-5-451, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A COUNTY OR CIRCUIT COURT JUDGE MAY ORDER CERTAIN OFFENDERS TO PARTICIPATE IN A JOINT STATE-COUNTY WORK PROGRAM IF THE DISTRICT ATTORNEY AND SHERIFF OF THE COUNTY AGREE TO SUCH PARTICIPATION; TO AMEND SECTION 47-5-401, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 47-5-451, Mississippi Code of 1972, is amended as follows:

47-5-451. (1) There is hereby authorized, in each county of the state, a public service work program for state inmates in custody of the county. Such a program may be established at the option of the county in accordance with the provisions of Sections 47-5-401 through 47-5-421. Except as otherwise provided under this subsection, the department shall also recommend rules and regulations concerning the participation of state inmates in the program.

(2) An inmate shall not be eligible to participate in a work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421, if he has been convicted of any crime of violence, including, but not limited to, murder, aggravated assault, rape, robbery or armed robbery.

(3) The inmates participating in the work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421, are restricted to the performance of public service work for counties, municipalities, the state, nonprofit charitable organizations or churches, as defined by Section 501(c)(3) of the Internal Revenue Code of 1986, except that the Department of Corrections must approve all requests by nonprofit charitable organizations or churches to use offenders to perform any public service work. Upon request of the Board of Trustees of State Institutions of Higher Learning, or the board of trustees of a county school district, municipal school district or junior college district, the inmates may be permitted to perform work for such boards.

(4) Any county or circuit court judge is authorized to order an offender to participate in a joint state-county work program, if the offender meets the eligibility requirements, as provided under this section, and if the district attorney and sheriff of the county agree to the participation.

SECTION 2. Section 47-5-401, Mississippi Code of 1972, is amended as follows:

47-5-401. (1) There is hereby authorized, in each county of the state, a public service work program for state inmates in custody of the county. Such a program may be established at the option of the county in accordance with the provisions of Sections 47-5-401 through 47-5-421. Except as otherwise provided in this subsection, the department shall also recommend rules and regulations concerning the participation of state inmates in the program.

(2) An inmate shall not be eligible to participate in a work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421 if he has been convicted of any crime of violence, including but not limited to murder, aggravated assault, rape, robbery or armed robbery.

(3) The inmates participating in the work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421 are restricted to the performance of public service work for counties, municipalities, the state or nonprofit charitable organizations, as defined by Section 501(c)(3) of the Internal Revenue Code of 1986, except that the Department of Corrections must approve all requests by nonprofit charitable organizations to use offenders to perform any public service work. Upon request of the Board of Trustees of State Institutions of Higher Learning, or the board of trustees of a county school district, municipal school district or junior college district, the inmates may be permitted to perform work for such boards.

(4) Any county or circuit court judge is authorized to order an inmate to participate in a joint state-county work program, if the inmate meets the eligibility requirements, as provided under this section, and if the district attorney and sheriff of the county agree to the participation.

SECTION 3. This act shall take effect and be in force from and after July 1, 2017.