Mississippi HB 372: Case plans for inmates who committed capital offenses; require certain programs be placed within.

Bill Text

HB 372 (As Introduced) - 2020 Regular Session 

MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Corrections; Appropriations

By: Representatives Banks, Denton, Straughter, Walker

House Bill 372

AN ACT TO AMEND SECTION 47-7-3.1, MISSISSIPPI CODE OF 1972, 
TO PROVIDE THAT THE CASE PLANS OF INMATES WHO HAVE COMMITTED CAPITAL OFFENSES 
SHALL CONTAIN CERTAIN PROGRAMS FOR REHABILITATIVE PURPOSES; AND FOR RELATED 
PURPOSES.

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

���� SECTION 1.� Section 
47-7-3.1, Mississippi Code of 1972, is amended as follows:

���� 47-7-3.1.� (1)� In 
consultation with the Parole Board, the department shall develop a case plan 
for all parole eligible inmates to guide an inmate's rehabilitation while in 
the department's custody and to reduce the likelihood of recidivism after 
release.� 

���� (2)� (a)� Within 
ninety (90) days of admission, the department shall complete a case plan on all 
inmates which shall include, but not limited to: 

������������� ( * * *ai)� Programming and treatment 
requirements based on the results of a risk and needs assessment; 

������������� ( * * *bii)� Any programming or treatment 
requirements contained in the sentencing order; and 

������������� ( * * *ciii)� General behavior requirements in 
accordance with the rules and policies of the department.� 

��������� (b)� (i)� In 
addition to the requirements in paragraph (a) of this subsection, within ninety 
(90) days of admission, the department shall complete a case plan on all 
inmates who have committed a capital offense that shall consist of at least two 
(2) of the following program related areas:

������������������ 1.� 
Criminal thinking;

������������������ 2.� Alcohol 
and drugs;

������������������ 3.� Life 
skills; and

������������������ 4.� 
Behavioral health.

������������� (ii)� Within 
ninety (90) days of admission, the department shall also complete a case plan 
that requires screening for physiological and/or social issues on inmates who 
have committed capital offenses.� Such case plans shall consist of programs 
such as 70 X 7 and Love Your Neighbor or other programs that focus on why the 
inmate committed the crime and how to prevent future crimes from being 
committed.� The case plans shall also contain programs that enable such inmates 
to coexist with society.

���� (3)� The department shall 
provide the inmate with a written copy of the case plan and the inmate's 
caseworker shall explain the conditions set forth in the case plan.� 

��������� (a)� Within ninety (90) 
days of admission, the caseworker shall notify the inmate of their parole 
eligibility date as calculated in accordance with Section 47-7-3(3); 

��������� (b)� At the time a 
parole-eligible inmate receives the case plan, the department shall send the 
case plan to the Parole Board for approval.� 

���� (4)� The department shall 
ensure that the case plan is achievable prior to inmate's parole eligibility 
date.� 

���� (5)� The caseworker shall 
meet with the inmate every eight (8) weeks from the date the offender received 
the case plan to review the inmate's case plan progress.� 

���� (6)� Every four (4) months 
the department shall electronically submit a progress report on each parole-eligible 
inmate's case plan to the Parole Board.� The board may meet to review an 
inmate's case plan and may provide written input to the caseworker on the 
inmate's progress toward completion of the case plan.� 

���� (7)� The Parole Board shall 
provide semiannually to the Oversight Task Force the number of parole hearings 
held, the number of prisoners released to parole without a hearing and the 
number of parolees released after a hearing.

���� SECTION 2.� This act 
shall take effect and be in force from and after July 1, 2020.