Criminal Justice Reform

1. Criminal Justice Reform A PROGRESSIVE MOVEMENT

2. Areas of focus • Drug Offense Sentencing • Alternative Sentencing • Habitual Offenders • Expungement • Voting Rights

3. Drug Offense Sentencing • HB585 in 2014 established the model • Lesser penalty for users/greater penalty for traffickers • §41-29-139(f) Trafficking Marijuana requires intent to distribute • HB1352 • Early versions of HB1352 this year proposed allowing Burglary of Dwelling offenders to be placed in Intervention Court (Drug Court)

4. Alternative Sentencing • An early version of HB1352 contained a provision allowing a Defendant who pleads to Burglary of a Dwelling into Intervention Court(Drug Court)

5. Habitual Offenders • 2017 - HB1033 Criminal Justice Reform Bill was vetoed by Gov. Bryant due to an error in the Bill that would have made habitual offenders eligible for parole • 2018 - Senate Bill 2269 would prevent a prior felony conviction from being used for sentencing if more than 10 years elapsed between the date of completion of the sentence imposed and the date of the commission of the new offense or offenses. Did not pass • 2018 - Senate Bill 2257, would require a jury instead of a judge to decide if a defendant would be sentenced to life in prison as a habitual offender. Did not pass • Senate Bill 2256, would have stipulate that the two prior felonies had to be crimes of violence to warrant life in prison as a habitual offender. Did not pass

6. Habitual Offenders (Cont.) • 2018 HB387 – Modified §99-19-81 to include “unless the court provides an explanation in its sentencing order setting forth the cause for deviating from the maximum sentence” • Mississippi Rules of Criminal Procedure Rule 14.1 (b) Enhanced Punishment for Subsequent Offenses. When an indictee may be eligible for enhanced punishment because of one (1) or more prior convictions, the State shall either: (1) specify such prior conviction(s) in the indictment, ……….…..or (2) after indictment, and at least thirty (30) days before trial or entry of a plea of guilty, file with the court formal notice of such prior conviction(s)……….

7. Expungements • 99-19-71 expanded this year. A person can now seek expungement of ANY ONE felony, except for: • Crimes of violence; • Arson; • Trafficking • Felony DUI • Felon in possession of a firearm; • Failure to register as a sex offender; • Voyeurism • Intimidation of a witness; • Abuse, neglect, or exploitation of a vulnerable person, • Embezzlement as provided in Sections 97-11-25 and 97-23-19

8. Expungement (Cont.) • May seek only if all monies owed have been paid and its been five (5) years since the person completed the terms and conditions of their sentence. • Crimes that are eligible: • possession with intent to sell/distribute • manufacturing meth

9. Voting Rights • An early version of 2019 HB1352 proposed the restoration of voting rights to those disenfranchised by Miss. Constitution Sec 241 provided they have served their prison time, paid all fines, etc. • Miss. Constitution Section 253 requires a two-thirds vote in both houses to reinstate voting rights for those convicted of felony crimes. However, the aforementioned HB1352 proposed amendment would have circumvented this requirement if the bill had passed with this provision. • Interesting note – Miss. Code Ann. §99-19-37 restored voting rights to WWII veterans with felony convictions in the same manner.