2014 Mississippi Code
Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE
Chapter 7 - PROBATION AND PAROLE
PROBATION AND PAROLE LAW
§ 47-7-38 - Graduated sanctions as alternative to judicial modification or revocation of parole, probation or post-release supervision
(1) The department shall have the authority to impose graduated sanctions as an alternative to judicial modification or revocation, as provided in Sections 47-7-27 and 47-7-37, for offenders on probation, parole, or post-release supervision who commit technical violations of the conditions of supervision as defined by Section 47-7-2.
(2) The commissioner shall develop a standardized graduated sanctions system, which shall include a grid to guide field officers in determining the suitable response to a technical violation. The commissioner shall promulgate rules and regulations for the development and application of the system of sanctions. Field officers shall be required to conform to the sanction grid developed.
(3) The system of sanctions shall include a list of sanctions for the most common types of violations. When determining the sanction to impose, the field officer shall take into account the offender's assessed risk level, previous violations and sanctions, and severity of the current and prior violations.
(4) Field officers shall notify the sentencing court when a probationer has committed a technical violation or the parole board when a parolee has committed a technical violation of the type of violation and the sanction imposed. When the technical violation is an arrest for a new criminal offense, the field officer shall notify the court within forty-eight (48) hours of becoming aware of the arrest.
(5) The graduated sanctions that the department may impose include, but shall not be limited to:
(a) Verbal warnings;
(b) Increased reporting;
(c) Increased drug and alcohol testing;
(d) Mandatory substance abuse treatment;
(e) Loss of earned-discharge credits; and
(f) Incarceration in a county jail for no more than two (2) days. Incarceration as a sanction shall not be used more than two (2) times per month for a total period incarcerated of no more than four (4) days.
(6) The system shall also define positive reinforcements that offenders will receive for compliance with conditions of supervision. These positive reinforcements shall include, but not limited to:
(a) Verbal recognition;
(b) Reduced reporting; and
(c) Credits for earned discharge which shall be awarded pursuant to Section 47-7-40.
(7) The Department of Corrections shall provide semiannually to the Oversight Task Force the number and percentage of offenders who have one or more violations during the year, the average number of violations per offender during the year and the total and average number of incarceration sanctions as defined in subsection (5) of this section imposed during the year.
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