29 Miss. Code. R. 1-1-7.2.3

Current through October 10, 2024

Rule 29-1-1-7.2.3 - PRECEPTS

1. Victims will have the right under law to:

A. Be treated with fairness, dignity and respect throughout the criminal justice process

B. Be present, informed, and heard during public hearings when authorized by law

C. Make an oral or written impact statement to the probation officer preparing the pre-sentence report for the judge (i.e., MDOC Policy, 38-02, Pre/Post Sentence Investigation & Report)

2.Administration of Correctional Agencies (Central Office): Written policy, procedure, and practice provide that consistent with the law of the jurisdiction, there is a system for providing notification to the registered victim(s) of a crime prior to any release from confinement of the convicted offender and/or escape from custody. Follow-up notification to victim(s) occurs when escapees are returned to custody [2-CO-4G-02, Added 2006 Supplement].

3.Adult Correctional Institutions: Written policy, procedure, and practice provide that consistent with the law of the jurisdiction, there is a system for providing notification to the registered victim(s) of a crime prior to any release from confinement of the convicted inmate and/or escape from custody. Follow-up notification to victim(s) occurs when escapees are returned to custody [4-4447].

4.Adult Community Residential Services:Consistent with the laws of the jurisdiction, registered victim(s) of a crime are notified prior to any release from confinement of the convicted offender and/or escape from custody. Follow-up notification to victim(s) occurs when escapees are returned to custody [4-ACRS-7F-06].

5. Adult Probation and Parole Field Services:Written policy, procedure, and practice provide that, consistent with the law of the jurisdiction, there is a system for providing notification to the registered victim(s) of a crime prior to any release from confinement of the convicted offender and/or escape from custody. Follow-up notification to victim(s) occurs when escapees are returned to custody [PP 3-3195].

6. The Deputy Commissioner of Institutions and the Deputy Commissioner of Community Corrections or designees will ensure victims are provided with:

A. Notification of any escape and subsequent recapture of an offender/inmate

B. Notification of an offenders/inmates release at least fifteen days prior to the end of the sentence date

C. Notification of any medical release or the death of an offender/inmate

D. Notification of victims rights to submit an audio and/or video recording or a written statement for inclusion with an offenders/inmates record as an additional point of deliberation prior to the review of an offender/inmate for possible community status and/or the potential release of said offender/inmate

7.Victims' Protocol for Prior Notice

In order for victims to receive prior notice of criminal procedures/proceedings, they must:

A. Provide the prosecuting attorney with a written request for notification

B. Provide a current telephone number and address

C. Update their information as required by law under the penalty of having their victims request for notification withdrawn and subsequently ruled null and void

8. The Deputy Commissioner of Community Corrections or designees will ensure Probation Officers are required to:

A. Contact prosecuting attorneys in order to determine whether victims have provided all appropriate information

B. Ensure that all involved victims continue receiving the information on a consistent basis

C. Notify the Records Office if information has been provided to the victim(s)

9.Public Records Exemptions

In accordance with State Statute 45-29-03, paragraph (b), the following records will be exempt from the provisions of the Mississippi Public Records Law of 1983:

Personal information of victims, including victim impact statements and letters of support on behalf of victims that are contained in records on file with the Mississippi Department of Corrections and State Parole Board.

29 Miss. Code. R. 1-1-7.2.3

Miss. Code Ann. § 99-43-1.