Earned probation
program; restitution to crime victim
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The judge ofany circuit court may place an offender on a program of earned probationafter a period of confinement as set out herein and the judge mayseek the advice of the commissioner and shall direct that the defendantbe under the supervision of the department.
Any circuit courtor county court may, upon its own motion, acting upon the advice andconsent of the commissioner not earlier than thirty (30) days norlater than one (1) year after the defendant has been delivered tothe custody of the department, to which he has been sentenced, suspendthe further execution of the sentence and place the defendant on earnedprobation, except when a death sentence or life imprisonment is themaximum penalty which may be imposed or if the defendant has beenconfined two (2) or more times for the conviction of a felony on aprevious occasion in any court or courts of the United States andof any state or territories thereof or has been convicted of a felonyinvolving the use of a deadly weapon.
The authoritygranted in this subsection shall be exercised by the judge who imposedsentence on the defendant, or his successor.
The time limitimposed by paragraph (a) of this subsection is not applicable to thosedefendants sentenced to the custody of the department prior to April14, 1977. Persons who are convicted of crimes that carry mandatorysentences shall not be eligible for earned probation.
When any circuitor county court places an offender on earned probation, the courtshall give notice to the Mississippi Department of Corrections withinfifteen (15) days of the court's decision to place the offenderon earned probation. Notice shall be delivered to the central officeof the Mississippi Department of Corrections and to the regional officeof the department which will be providing supervision to the offenderon earned probation.
If the courtplaces any person on probation or earned probation, the court mayorder the person, as a condition of probation, to a period of confinementand treatment at a private or public agency or institution, eitherwithin or without the state, which treats emotional, mental or drug-relatedproblems. Any person who, as a condition of probation, is confinedfor treatment at an out-of-state facility shall be supervised pursuantto Section 47-7-71, and anyperson confined at a private agency shall not be confined at publicexpense. Time served in any such agency or institution may be countedas time required to meet the criteria of subsection (2)(a).
If the courtplaces any person on probation or earned probation, the court mayorder the person to make appropriate restitution to any victim ofhis crime or to society through the performance of reasonable workfor the benefit of the community.
If the courtplaces any person on probation or earned probation, the court mayorder the person, as a condition of probation, to submit, as providedin Section 47-5-601, to anytype of breath, saliva or urine chemical analysis test, the purposeof which is to detect the possible presence of alcohol or a substanceprohibited or controlled by any law of the State of Mississippi orthe United States.