Period of probation;
arrest, revocation and recommitment for violation of probation or
postrelease supervision; hearing; revocation of probation for technical
violation; imprisonment in technical violation center; certain restrictions
on imposition of bail for persons required to register as sex offender
Period of probation;
arrest, revocation and recommitment for violation of probation or
postrelease supervision; hearing; revocation of probation for technical
violation; imprisonment in technical violation center; certain restrictions
on imposition of bail for persons required to register as sex offender
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The period ofprobation shall be fixed by the court, and may at any time be extendedor terminated by the court, or judge in vacation. Such period withany extension thereof shall not exceed five (5) years, except thatin cases of desertion and/or failure to support minor children, theperiod of probation may be fixed and/or extended by the court forso long as the duty to support such minor children exists. The timeserved on probation or post-release supervision may be reduced pursuantto Section 47-7-40.
At any time duringthe period of probation, the court, or judge in vacation, may issuea warrant for violating any of the conditions of probation or suspensionof sentence and cause the probationer to be arrested. Any probationand parole officer may arrest a probationer without a warrant, ormay deputize any other officer with power of arrest to do so by givinghim a written statement setting forth that the probationer has, inthe judgment of the probation and parole officer, violated the conditionsof probation. Such written statement delivered with the probationerby the arresting officer to the official in charge of a county jailor other place of detention shall be sufficient warrant for the detentionof the probationer.
Whenever an offenderis arrested on a warrant for an alleged violation of probation asherein provided, the department shall hold an informal preliminaryhearing within seventy-two (72) hours of the arrest to determine whetherthere is reasonable cause to believe the person has violated a conditionof probation. A preliminary hearing shall not be required when theoffender is not under arrest on a warrant or the offender signed awaiver of a preliminary hearing. The preliminary hearing may be conductedelectronically. If reasonable cause is found, the offender may beconfined no more than twenty-one (21) days from the admission to detentionuntil a revocation hearing is held. If the revocation hearing is notheld within twenty-one (21) days, the probationer shall be releasedfrom custody and returned to probation status.
If a probationeror offender is subject to registration as a sex offender, the courtmust make a finding that the probationer or offender is not a dangerto the public prior to release with or without bail. In determiningthe danger posed by the release of the offender or probationer, thecourt may consider the nature and circumstances of the violation andany new offenses charged; the offender or probationer's pastand present conduct, including convictions of crimes and any recordof arrests without conviction for crimes involving violence or sexcrimes; any other evidence of allegations of unlawful sexual conductor the use of violence by the offender or probationer; the offenderor probationer's family ties, length of residence in the community,employment history and mental condition; the offender or probationer'shistory and conduct during the probation or other supervised releaseand any other previous supervisions, including disciplinary recordsof previous incarcerations; the likelihood that the offender or probationerwill engage again in a criminal course of conduct; the weight of theevidence against the offender or probationer; and any other factsthe court considers relevant.
The probationand parole officer after making an arrest shall present to the detainingauthorities a similar statement of the circumstances of violation.The probation and parole officer shall at once notify the court ofthe arrest and detention of the probationer and shall submit a reportin writing showing in what manner the probationer has violated theconditions of probation. Within twenty-one (21) days of arrest anddetention by warrant as herein provided, the court shall cause theprobationer to be brought before it and may continue or revoke allor any part of the probation or the suspension of sentence. If thecourt revokes probation for one or more technical violations,the court shall impose a period of imprisonment to be served in eithera technical violation center or a restitution center not to exceedninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation. For the third revocation, the court may impose a periodof imprisonment to be served in either a technical violation centeror a restitution center for up to one hundred eighty (180) days orthe court may impose the remainder of the suspended portion of thesentence. For the fourth and any subsequent revocation, the court may impose up to the remainderof the suspended portion of the sentence. The period of imprisonmentin a technical violation center imposed under this section shall notbe reduced in any manner.
If the offenderis not detained as a result of the warrant, the court shall causethe probationer to be brought before it within a reasonable time andmay continue or revoke all or any part of the probation or the suspensionof sentence, and may cause the sentence imposed to be executed ormay impose any part of the sentence which might have been imposedat the time of conviction. If the court revokes probation for one or more technical violations, the court shall impose a period ofimprisonment to be served in either a technical violation center ora restitution center not to exceed ninety (90) days for the first revocation and not to exceed one hundredtwenty (120) days for the second revocation. For the third revocation, the court may impose a period of imprisonment to be served in eithera technical violation center or a restitution center for up to onehundred eighty (180) days or the court may impose the remainder ofthe suspended portion of the sentence. For the fourth and any subsequent revocation, the court may impose upto the remainder of the suspended portion of the sentence. The periodof imprisonment in a technical violation center imposed under thissection shall not be reduced in any manner.
If the courtdoes not hold a hearing or does not take action on the violation withinthe twenty-one-day period, the offender shall be released from detentionand shall return to probation status. The court may subsequently holda hearing and may revoke probation or may continue probation and modifythe terms and conditions of probation. If the court revokes probationfor one or more technicalviolations, the court shallimpose a period of imprisonment to be served in either a technicalviolation center operated by the department or a restitution centernot to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120)days for the second revocation. For the third revocation, the court may impose a period of imprisonment to be served in eithera technical violation center or a restitution center for up to onehundred eighty (180) days or the court may impose the remainder ofthe suspended portion of the sentence. For the fourth and any subsequent revocation, the court may impose upto the remainder of the suspended portion of the sentence. The periodof imprisonment in a technical violation center imposed under thissection shall not be reduced in any manner.
For an offendercharged with a technical violation who has not been detained awaitingthe revocation hearing, the court may hold a hearing within a reasonabletime. The court may revoke probation or may continue probation andmodify the terms and conditions of probation. If the court revokesprobation for one or more technical violations thecourt shall impose a period of imprisonment to be served in eithera technical violation center operated by the department or a restitutioncenter not to exceed ninety (90) days for the first revocation and not to exceed one hundredtwenty (120) days for the second revocation. For the third revocation, the court may impose a period of imprisonment to be served in eithera technical violation center or a restitution center for up to onehundred eighty (180) days or the court may impose the remainder ofthe suspended portion of the sentence. For the fourth and any subsequent revocation, the court may impose upto the remainder of the suspended portion of the sentence. The periodof imprisonment in a technical violation center imposed under thissection shall not be reduced in any manner.
If the probationeris arrested in a circuit court district in the State of Mississippiother than that in which he was convicted, the probation and paroleofficer, upon the written request of the sentencing judge, shall furnishto the circuit court or the county court of the county in which thearrest is made, or to the judge of such court, a report concerningthe probationer, and such court or the judge in vacation shall haveauthority, after a hearing, to continue or revoke all or any partof probation or all or any part of the suspension of sentence, andmay in case of revocation proceed to deal with the case as if therehad been no probation. In such case, the clerk of the court in whichthe order of revocation is issued shall forward a transcript of suchorder to the clerk of the court of original jurisdiction, and theclerk of that court shall proceed as if the order of revocation hadbeen issued by the court of original jurisdiction. Upon the revocationof probation or suspension of sentence of any offender, such offendershall be placed in the legal custody of the State Department of Correctionsand shall be subject to the requirements thereof.
Any probationerwho removes himself from the State of Mississippi without permissionof the court placing him on probation, or the court to which jurisdictionhas been transferred, shall be deemed and considered a fugitive fromjustice and shall be subject to extradition as now provided by law.No part of the time that one is on probation shall be considered asany part of the time that he shall be sentenced to serve.
The arrestingofficer, except when a probation and parole officer, shall be allowedthe same fees as now provided by law for arrest on warrant, and suchfees shall be taxed against the probationer and paid as now providedby law.
The arrest, revocationand recommitment procedures of this section also apply to personswho are serving a period of post-release supervision imposed by thecourt.
Unless good causefor the delay is established in the record of the proceeding, theprobation revocation charge shall be dismissed if the revocation hearingis not held within thirty (30) days of the warrant being issued.
The Departmentof Corrections shall provide semiannually to the Oversight Task Forcethe number of warrants issued for an alleged violation of probationor post-release supervision, the average time between detention ona warrant and preliminary hearing, the average time between detentionon a warrant and revocation hearing, the number of ninety-day sentencesin a technical violation center issued by the court, the number ofone-hundred-twenty-day sentences in a technical violation center issuedby the court, the number of one-hundred-eighty-day sentences issuedby the court, and the number and average length of the suspended sentencesimposed by the court in response to a violation.