Bill Text: MS SB3003 | 2010 | Regular Session | Introduced
Bill Title: Community Corrections Reassimilation and Restitution Program; create.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [SB3003 Detail]
Download: Mississippi-2010-SB3003-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Corrections; Appropriations
By: Senator(s) Baria
Senate Bill 3003
AN ACT TO CREATE A COMMUNITY CORRECTIONS REASSIMILATION AND RESTITUTION PROGRAM; TO PROVIDE FOR A COMMISSION TO OVERSEE THE PROGRAM; TO PROVIDE FOR THE COMPOSITION OF THE COMMISSION; TO ALLOW THE COMMISSION TO APPOINT AN EXECUTIVE DIRECTOR WHO SHALL SERVE AT ITS PLEASURE; TO INCORPORATE PROGRAMS AND SUPPORT SERVICES CONCERNING PRETRIAL RELEASE, COMMUNITY SERVICE PROGRAM, SUPERVISION FOR PARTICIPANTS ENTERING A PLEA OF GUILTY PURSUANT TO SECTION 99-15-26, MISSISSIPPI CODE OF 1972, POST-ADJUDICATION SUPERVISION, A VOCATIONAL/EDUCATIONAL AND EMPLOYMENT PROGRAM, RESIDENTIAL REHABILITATION AND WORK RELEASE, A REENTRY RESIDENTIAL AND NONRESIDENTIAL PROGRAM, ADULT AND JUVENILE DRUG AND DUI COURT PROGRAMS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, DEFERRED PROSECUTION AND PRETRIAL DIVERSION, AND ANY OTHER SIMILAR OR RELATED PROGRAM; TO AUTHORIZE THE COMMISSION TO CONTRACT FOR ITS PROGRAMS AND SERVICES WITH A NOT-FOR-PROFIT CORPORATION; TO AUTHORIZE THE COLLECTION OF REASONABLE FEES FROM PARTICIPANTS OF ITS PROGRAMS AND SERVICES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known as the "Reassimilation and Restitution Act."
SECTION 2. (1) The Community Corrections Reassimilation and Restitution Program shall be administered by a commission. The number of members comprising the commission shall be five (5) and shall be comprised of the following individuals:
(a) The district attorney of the district, or his designee;
(b) The sheriff of the county, or his designee;
(c) A member of the criminal defense bar practicing in the district, to be appointed by the circuit judge; and
(d) Two (2) members to be appointed by the circuit judge from a list of individuals recommended by the district attorney and the sheriff.
(2) The term of service of the commission shall be commensurate with the elected terms of the district attorney and sheriff and shall expire at the end of their regular terms of office. A new commission shall be appointed in the manner directed by this act at the beginning of each new regular term of office for the district attorney and sheriff.
(3) The commission shall have full authority to implement this act and superintend all administrative functions, services, and programs. The commission shall select from its membership a president and other officers as needed, and may appoint an executive director, who shall serve at the pleasure of the commission.
(4) The commission shall make and publish its own rules for the conduct of its affairs. Commission meetings shall be held at least once a quarter, at the call of the president, or upon the request of any three (3) commission members.
(5) All action of the commission shall require the approval of at least three (3) of the five (5) members of the commission.
SECTION 3. The commission shall be vested with all authority necessary to create or manage, or both, all of the following:
(a) A supervised nonresidential community service program designed to provide close supervision of the participant's activities, compliance with conditions of any suspended sentence, performance of community service work, and payment of restitution and other court-ordered monies.
(b) A supervised post-adjudication rehabilitation program designed to provide close supervision of the participant's activities, compliance with conditions of any suspended sentence, and payment of restitution and other court-ordered monies.
(c) A supervised nonresidential program designed to provide close supervision of the participant's activities, compliance with conditions of any suspended sentence, performance of community service work, and payment of restitution and other court-ordered monies for those participants who have entered a plea of guilty but had his or her sentence deferred pursuant to Section 99-15-26.
(d) An educational, vocational and job fair program designed to enable participants to obtain the educational and vocational skills necessary to find and retain employment and which will provide assistance to participants in exploring employment opportunities.
(e) A residential rehabilitation and work-release program for certain inmates incarcerated in county jails for the purpose of working at gainful employment, enabling them to pay for the cost of their crimes, and to provide a means for them to pay the cost of their supervision from their gross earnings.
(f) A reentry residential and nonresidential rehabilitation and work-release program for inmates being released from the custody of the Mississippi Department of Corrections which will assist participants in reentry to noncustodial life and in finding employment opportunities.
(g) Any other such lawful services or programs which the commission deems appropriate.
SECTION 4. The commission shall also be vested with all authority necessary to implement this act, to include, but not be limited to, those necessary to do all of the following:
(a) To create or remove employment positions, set or alter pay scales, employ, direct, regulate, supervise and dismiss personnel; obtain fidelity bonds for the faithful performance of the personnel's duties.
(b) To buy, sell, lease, or otherwise hold real or personal property in its own name.
(c) To contract with other persons or entities for the provision of goods and services required by it, on terms and conditions as may be convenient, as allowed by the laws and regulations concerning purchases made by public bodies in the State of Mississippi.
(d) To charge reasonable fees to the participants in any program for any services they receive.
(e) To open and maintain financial accounts.
(f) To hire legal, accounting, and other professions to aid in the furtherance of this act.
(g) To contract with the Mississippi Department of Corrections and any other state agency to receive funding.
(h) To promote gainful employment and education for those participating in any of the services or programs.
(i) To provide transportation, if financially feasible, for participants to and from any job site within the county, and in doing so, the commission and its members, its executive director, employees, and agents, shall be exempt from all civil liability for any act or omission occurring during any part of such transportation.
(j) To apply for, receive, and administer any financial grants, gifts, or donations of funds from the United States government or any federal agency, from the State of Mississippi or any state agency, from any county agency, from any private or quasi-governmental foundation, corporation, partnership, firm, or agency, and from any individual or group of individuals.
(k) To refuse to have any person participate in any of the services and programs when it is contrary to the public interest, is not in the interest of public safety, is a clear and present danger to either the public at large or to another participant.
SECTION 5. The commission may contract for its programs and services with a not-for-profit corporation to help provide for supervised pretrial release, community service program, supervision for participants entering a plea of guilty pursuant to Section 99-15-26, post-adjudication rehabilitation supervision, a vocational/educational and employment program, residential rehabilitation, support services for the counties' juvenile and adult drug courts, deferred prosecution and pretrial diversion programs, reentry residential and nonresidential programs, and any other court-related or rehabilitation services or programs as the commission deems appropriate.
SECTION 6. Any judicial officer may order that any eligible person whose criminal sentence has been suspended, in whole or in part, upon certain conditions and who is placed under the terms of probation, shall have the suspension supervised by the commission under any conditions ordered by the judicial officer. These conditions shall include, but are not limited to, the participant, during the term of the suspended sentence, reporting on a periodic basis; abiding by all of the rules and procedures; submitting to, paying for, and passing random drug and alcohol tests as directed by the commission and to offset the costs of such a program by the participant periodically paying a reasonable supervision fee set by the commission. Failure to abide by any conditions may result in the participant's probation being revoked and the sentence of incarceration being reinstated.
SECTION 7. (1) In lieu of incarceration, any judicial officer may order that any eligible person who, having been adjudicated for a criminal offense, probation violation, or violation of a suspended sentence, and who would otherwise be sentenced to incarceration, or any eligible person who would otherwise be incarcerated for violation of any previous civil or criminal court order, or for any failure to pay child support, or for failure to pay court-ordered restitution, or for civil or criminal contempt of court, or for any other criminal or civil offense, be placed in the residential rehabilitation and work-release program for the purpose of obtaining and working at gainful employment to enable the paying of fines, court costs, child support payments, family support payments, or any other court-ordered monies, or for any other purposes the judicial officer may deem conducive to rehabilitation or otherwise appropriate, for the time or intervals of time and under the terms and conditions as the judicial officer may order and in accordance with all of the program rules and procedures. The terms and conditions shall include, but are not limited to, the following: (a) the participant, during his or her participation in the residential program, abiding by all of the program rules and procedures; (b) the participant submitting to, paying for, and passing random drug and alcohol tests as directed; and (c) the participant offsetting the costs of such program by paying a sum equal to forty percent (40%) of his or her gross earnings earned while participating in the residential program and, if possible, establishing a payroll deduction for the payment of any sums due pursuant to this act, or establish that the employer pay the participant's wages directly to the program from which the sums can be taken before remitting the remainder to the participant.
(2) The judicial officer may also require the participant in the program to perform community service hours for nonprofit entities, civic organizations, or governmental agencies as directed and supervised by the program. Failure to abide by any conditions may result in the participant's arrest and the remainder of the sentence of incarceration being served.
(3) Any jail credit shall be calculated in the customary manner and deducted from the time ordered for participation in the residential program, unless otherwise ordered by the judicial officer. Any part of a day spent within the residential center under the order of the judicial officer shall be counted as a full day toward the serving of the sentence unless otherwise provided by the judicial officer. However, in no event shall the number of days in the program exceed the number of days in the original sentence. If any participant in this residential program willfully fails to report to the program as ordered, or who willfully fails to return to the program from a job or a temporary pass, then such failure and conduct shall be considered the same as an escape from a work-release or restitution center.
SECTION 8. This act shall take effect and be in force from and after July 1, 2010.
