Miss. Code § 47-5-1003

Current through 4/15/2024
Section 47-5-1003 - [Repealed Effective 7/1/2025] Intensive supervision program; eligibility; procedure; time limits; program violations; notice to Department of Corrections; participation in program during term of probation; provision of certain data to Oversight Task Force
(1) An intensive supervision program may be used as an alternative to incarceration for offenders who are not convicted of a crime of violence pursuant to Section 97-3-2 as selected by the court and for juvenile offenders as provided in Section 43-21-605. Any offender convicted of a sex crime shall not be placed in the program.
(2) The court may place the defendant on intensive supervision, except when a death sentence or life imprisonment is the maximum penalty which may be imposed by a court or judge.
(3) To protect and to ensure the safety of the state's citizens, any offender who violates an order or condition of the intensive supervision program may be arrested by the correctional field officer and placed in the actual custody of the Department of Corrections. Such offender is under the full and complete jurisdiction of the department and subject to removal from the program by the classification hearing officer.
(4) When any circuit or county court places an offender in an intensive supervision program, the court shall give notice to the Mississippi Department of Corrections within fifteen (15) days of the court's decision to place the offender in an intensive supervision program. Notice shall be delivered to the central office of the Mississippi Department of Corrections and to the regional office of the department which will be providing supervision to the offender in an intensive supervision program.

The courts may not require an offender to participate in the intensive supervision program during a term of probation or post-release supervision.

(5) The Department of Corrections shall provide to the Oversight Task Force all relevant data regarding the offenders participating in the intensive supervision program including the number of offenders admitted to the program annually, the number of offenders who leave the program annually and why they leave, the number of offenders who are arrested or convicted annually and the circumstances of the arrest and any other information requested.

Miss. Code § 47-5-1003

Laws, 1993, ch. 576, § 2; Laws, 1994, ch. 606, § 3; Laws, 1994 Ex Sess, ch. 26, § 26; Laws, 1995, ch. 399, § 1; Laws, 1996, ch. 397, § 2; Laws, 1998, ch. 461, § 1; Laws, 2000, ch. 622, § 1; Laws, 2001, ch. 393, § 10; Laws, 2001, ch. 482, § 1; reenacted without change, Laws, 2003, ch. 418, § 2; reenacted without change, Laws, 2005, ch. 485, § 3; reenacted without change, Laws, 2006, ch. 392, § 2; Laws, 2008, ch. 313, § 1; reenacted, Laws, 2008, ch. 479, § 2; Laws, 2009, ch. 502, § 1; Laws, 2011, ch. 459, § 2; reenacted without change, Laws, 2012, ch. 316, § 2, eff. 4/5/2012.
Reenacted without change by Laws, 2022, ch. 311, HB 534,§ 2, eff. 6/30/2022.
Reenacted without change by Laws, 2018, ch. 408, HB 879,§ 2, eff. 6/30/2018.
Amended by Laws, 2014, ch. 457, HB 585, 11, eff. 7/1/2014.
Reenacted without change by Laws, 2014, ch. 317, SB 2608, 2, eff. 3/12/2014.