Bill Text: MS SB2818 | 2026 | Regular Session | Introduced
Bill Title: Rehabilitation Incentive Program Act; enact.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2026-02-03 - Died In Committee [SB2818 Detail]
Download: Mississippi-2026-SB2818-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Judiciary, Division B
By: Senator(s) DuPree
Senate Bill 2818
AN ACT TO ENACT THE REHABILITATION INCENTIVE PROGRAM ACT; TO CRIMINALIZE THE KNOWING SALE, LEND, GIFT, DISTRIBUTION, OR TRAFFICKING TO A MINOR OF A DEADLY WEAPON; TO PROVIDE CRIMINAL PENALTIES; TO ORDER A MENTAL HEALTH ASSESSMENT FOR CERTAIN OFFENDERS; TO CREATE THE REHABILITATION INCENTIVE PROGRAM WITH THE DEPARTMENT OF CORRECTIONS; TO PROVIDE ELIGIBILITY AND PROCEDURES FOR THE PROGRAM; TO CREATE A SPECIAL FUND WITH THE STATE TREASURY TO BE DESIGNATED AS THE REHABILITATION INCENTIVE PROGRAM TRUST FUND; TO PROVIDE ELIGIBILITY IN THE PROGRAM TO CERTAIN OFFENDERS; TO REQUIRE CERTAIN PERSON TO COMPLETE A CERTIFIED SAFE STORAGE EDUCATION PROGRAM FOR FIREARMS; TO PROVIDE THAT THIS ACT SHALL NOT BE CONSTRUED TO CRIMINALIZE LAWFUL ADULT SUPERVISED TRANSFERS FOR HUNTING, MARKSMANSHIP, RECREATIONAL SHOOTING, OR FIREARM SAFETY INSTRUCTION; TO AMEND SECTION 97-37-13, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Rehabilitation Incentive Program Act."
SECTION 2. As used in this act, the following terms have the meaning herein ascribed unless the context clearly requires otherwise:
(a) "Department" means the Department of Corrections.
(b) "Fund" means the Rehabilitation Incentive Trust Program Trust Fund created in Section 5 of this act.
(c) "Program" means the Rehabilitation Incentive Program created within the department in Section 4 of this act.
SECTION 3. (1) Any person who knowingly sells, lends, gives, distributes, or traffics a deadly weapon to a minor under eighteen (18) years of age, knowing the minor to have violent intent, or who acts with reckless disregard for the minor's probable use of the firearm in a violent act shall be guilty of a felony. For the purposes of this section, "violent intent" means intent to cause death, bodily injury, substantial fear of bodily injury, or having a reckless disregard for causing death, bodily injury, or substantial fear of bodily injury.
(2) A person convicted under this section, shall be imprisoned within the custody of the Department of Corrections for a term not less than five (5) years and not to exceed eight (8) years and may be fined up to Five Thousand Dollars ($5000.00).
(3) (a) Notwithstanding any other provision of law to the contrary, a person's total sentence shall not exceed eight (8) years if combined with other charges directly or indirectly related to the firearm offense provided in this section. Overlapping periods of incarceration, probation, or parole shall not be counted more than once.
(b) In complying with this section, the court must specify in its order how overlapping sentences are calculated, whether sentences run concurrently or consecutively, and that the total sentence does not exceed eight (8) years.
(4) The court shall order a mental health assessment by a licensed mental health professional for an offender convicted under this section who is under twenty-one (21) years of age. The assessment shall recommend a treatment or counseling plan approved by the Department of Mental Health with frequent reports to the court. The court, in its discretion, shall include the necessary number of sessions and benchmarks in its sentencing order under this section. The Department of Mental Health shall ensure remote access to such treatment for offenders where such treatment is not available for the offender within fifty (50) miles of the offender's domicile or location of incarceration.
SECTION 4. (1) There is created within the Department of Corrections the "Rehabilitation Incentive Program" to provide incentive for persons convicted under Section 3 of this act and on early release from incarceration and subject to probation to rehabilitate. The program shall provide opportunities for job training, training in technical careers, or internship opportunities.
(2) (a) Pursuant to this act, the Department of Corrections shall promulgate rules and regulations for the eligibility of persons within the program and establish milestones within the program to be met for disbursements from the fund.
(b) (i) Upon an offender's early release from incarceration under Section 3 of this act or any offense described in Section 6(1) and while that person is subject to probation, the Department of Corrections shall retain eight percent (8%) of the wages and earnings of the person, including wages, salaries, self-employment earnings, and other taxable and non-taxable compensation, on a monthly basis.
(ii) Of the funds retained under subparagraph (i) of this paragraph, the Department of Corrections shall deposit fifty percent (50%) into the General Fund as a penalty and fifty percent (50%) into the Rehabilitation Incentive Program Trust Fund created in Section 5 of this act.
(3) No offender who has previously been convicted of a crime of violence listed under Section 97-7-3 shall be eligible for the program. Pending charges for an offense listed under Section 97-7-3 shall render an offender ineligible unless the charges are eligible for adjudication and adjudicated.
(4) (a) The department may disburse monthly stipends to an offender in compliance with the requirements of the program authorized under this section. Funds shall be disbursed monthly on the first day of the following month, contingent on compliance with all conditions of probation, parole, or the program authorized under this section.
(b) Upon completion of the program, the department shall disburse any remaining balance of the offender's funds which were retained and deposited in the fund, including any interest earned on such monies.
(5) The department shall determine which infractions constitute minor violations of the program. These may include, but are not limited to, late attendance, incomplete paperwork, and technical infractions. Upon the third recorded minor violation, the department shall request a suspension hearing before the sentencing court. If the court finds the offender in violation of program terms at the hearing, the offender may be temporarily suspended from the program. A suspension shall halt trust disbursements until the offender demonstrates compliance
or completes remedial measures as directed by the court.
(6) The department shall determine which infractions constitute severe violations of the program. These may include, but are not limited to, substance use, violence, absconding, and willful refusal. An offender who commits a severe violation shall be administratively removed from the program. Any monies credited to that offender in the fund shall be transferred to the General Fund as a penalty.
(7) The department shall provide monthly statements to the offender in the program, detailing withheld amounts, amounts
retained by the state, and amounts credited to the fund.
(8) If the department requires a treatment plan within the program authorized under this section, the licensed professional rendering such services shall submit monthly written progress reports to the department, detailing attendance, participation, program milestone compliance, behavioral issues, minor violations, and severe violations.
SECTION 5. (1) There is created within the State Treasury a special fund to be designated as the "Rehabilitation Incentive Program Trust Fund" to be administered by the department. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited into such fund. The fund shall consist of:
(a) Monies deposited into the fund by the State Treasurer;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 2 of this act;
(d) Monies received from the federal government;
(e) Donations; and
(f) Monies received from such other sources as may be provided by or allowable under law.
(2) Subject to appropriation by the Legislature, monies in the fund shall be disbursed by the department pursuant to the rules, regulations and procedures of the program.
SECTION 6. (1) Any person under the age of eighteen (18) years old who is convicted of unlawfully receiving or possessing a firearm shall:
(a) Complete all court-ordered requirements of sentencing, including any period of incarceration.
(b) Undergo a behavioral/trauma assessment by a licensed mental health professional. Such assessment shall be submitted to the court.
(c) Participate in treatment or educational programs consistent with the assessment.
(d) Be eligible for the program only if all probation and court-ordered programs are completed.
(2) (a) Any person who is eighteen (18) years old or older from whom any person under the age of eighteen (18) years old obtained a firearm shall:
(i) Complete a certified safe storage education program; and
(ii) Implement secure storage measures.
(b) Failure to attend the program and implement such secure storage measures shall be a misdemeanor. A court, in its discretion, may waive the requirements of this section where the person subject to the requirements demonstrates sufficient justification for his or her actions or inaction, including emergency work, disability, financial hardship, or unavoidable circumstances.
SECTION 7. Nothing in this act shall be construed to criminalize lawful adult-supervised transfers for hunting, marksmanship, recreational shooting, or firearm safety instruction.
SECTION 8. Section 97-37-13, Mississippi Code of 1972, is amended as follows:
97-37-13. It shall not be
lawful for any person to sell, give or lend to any * * *
person intoxicated, knowing him to be * * * in a state of intoxication, any
deadly weapon, or other weapon the carrying of which concealed is prohibited,
or pistol cartridge; and, on conviction thereof, he shall be punished by a fine
not more than One Thousand Dollars ($1,000.00), or imprisoned in the county
jail not exceeding one (1) year, or both.
SECTION 9. This act shall take effect and be in force from and after July 1, 2026.
