General powers and
duties of personnel of Division of Community Corrections as field
supervisors and presentence investigators
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The circuit judgesand county judges in the districts to which Division of CommunityCorrections personnel have been assigned shall have the power to requestof the department transfer or removal of the division personnel fromtheir court.
Division personnelshall investigate all cases referred to them for investigation bythe board, the division or by any court in which they are authorizedto serve. They shall furnish to each person released under their supervisiona written statement of the conditions of probation, parole, earned-releasesupervision, post-release supervision or suspension and shall instructthe person regarding the same. They shall administer a risk and needsassessment on each person under their supervision to measure criminalrisk factors and individual needs. They shall use the results of therisk and needs assessment to guide supervision responses consistentwith evidence-based practices as to the level of supervision and thepractices used to reduce recidivism. They shall develop a supervisionplan for each person assessed as moderate to high risk to reoffend.They shall keep informed concerning the conduct and conditions ofpersons under their supervision and use all suitable methods thatare consistent with evidence-based practices to aid and encouragethem and to bring about improvements in their conduct and conditionand to reduce the risk of recidivism. They shall keep detailed recordsof their work and shall make such reports in writing as the courtor the board may require.
Division personnelshall complete annual training on evidence-based practices and criminalrisk factors, as well as instructions on how to target these factorsto reduce recidivism.
The divisionpersonnel duly assigned to court districts are hereby vested withall the powers of police officers or sheriffs to make arrests or performany other duties required of policemen or sheriffs which may be incidentto the division personnel responsibilities. All probation and paroleofficers hired on or after July 1, 1994, will be placed in the LawEnforcement Officers Training Program and will be required to meetthe standards outlined by that program.
It is the intentionof the Legislature that insofar as practicable the case load of eachdivision personnel supervising offenders in the community (hereinafterfield supervisor) shall not exceed the number of cases that may beadequately handled.
Division personnelshall be provided to perform investigation for the court as providedin this subsection. Division personnel shall conduct presentence investigationson all persons convicted of a felony in any circuit court of the state,prior to sentencing and at the request of the circuit court judgeof the court of conviction. The presentence evaluation report shallconsist of a complete record of the offender's criminal history,educational level, employment history, psychological condition andsuch other information as the department or judge may deem necessary.Division personnel shall also prepare written victim impact statementsat the request of the sentencing judge as provided in Section 99-19-157.
In order thatoffenders in the custody of the department on July 1, 1976, may benefitfrom the kind of evaluations authorized in this section, an evaluationreport to consist of the information required hereinabove, supplementedby an examination of an offender's record while in custody,shall be compiled by the division upon all offenders in the custodyof the department on July 1, 1976. After a study of such reports bythe State Parole Board those cases which the board believes wouldmerit some type of executive clemency shall be submitted by the boardto the Governor with its recommendation for the appropriate executiveaction.
The departmentis authorized to accept gifts, grants and subsidies to conduct thisactivity.