Mississippi Code

Miss. Code Ann. § 47-7-35 (2024)

Terms and conditions of probation; court to determine; sex offender registry check required prior to placing offender on probation

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Codes, 1942, § 4004-24; Laws, 1956, ch. 262, § 11; brought forward, Laws, 1981, ch. 465, § 107; Laws, 1983, ch. 435, § 6; reenacted, Laws, 1984, ch. 471, § 117; reenacted, Laws, 1986, ch. 413, § 117; Laws, 1995, ch. 596, § 10; Laws, 2006, ch. 566, § 5; Laws, 2007, ch. 392, § 14; Laws, 2011, ch. 359, § 13, eff. 7/1/2011.


Notes of Decisions
Cited in 31 cases (1 in the last 5 years), 1987–2021 · leading case: Means v. State, 43 So. 3d 438 (Miss. 2010).
Means v. State, 43 So. 3d 438 (Miss. 2010). · cites it 2× “2d at 1219 (quoting Miss.Code Ann. § 47-7-35(g) (Supp.1982)).”
Robinson v. State, 836 So. 2d 747 (Miss. 2002). · cites it 2× “*754 I respectfully believe that the majority would accept the premise that a suspended sentence with court imposed terms of good behavior, and a court imposed supervised probation involving, inter alia, the statutory terms found in Miss. Code Ann. § 47-7-35 and also involving a…”
Goss v. State, 721 So. 2d 144 (Miss. 1998). · cites it 2× “Furthermore, the trial court acted within the boundaries of Miss.Code Ann. § 47-7-35 when it added certain terms and conditions to the suspension period.”
MacKey v. State, 37 So. 3d 1161 (Miss. 2010). · cites it 2× “Indeed, a trial judge who wishes to "banish" a defendant from, for example, the southern six counties, may— under authority of Section 47-7-35 (which provides that courts may order the probationer to "remain within a specified area")—place the defendant on supervised probation,…”
Ryals v. Bd. of Supervisors of Pike Cnty., 48 So. 3d 444 (Miss. 2010). · cites it 2× “2006); or 3) that the possession of an alcoholic beverage violates a term or condition of his or her probationary or post-release supervision status, see Miss. Code Ann. § 47-7-35 (Miss.2004). [3] The business owners also cite an excerpt from Section 67-1-11(4), which…”
Ivory v. State, 999 So. 2d 420 (Miss. Ct. App. 2009). “§ 47-7-34(2); see also Miss.Code Ann. § 47-7-35 (Supp.2008) (court to determine terms and conditions of probation or post-release supervision).”
Artis v. State, 643 So. 2d 533 (Miss. 1994). “Miss. Code Ann. § 47-7-35 (1972) states: The courts referred to in § 47-7-33 shall determine the terms and conditions of probation and may, at any time during the period of probation, alter or modify the conditions and may include among them the following or any other: That the…”
Clark v. Prichard, 812 F.2d 991 (5th Cir. 1987). “Pursuant to Miss. Code Ann. § 47-7-35 (Supp.1986), 2 the state court judge had required that Clark use.”
Miss. Com'n on Jud. Perform. v. Byers, 757 So. 2d 961 (Miss. 2000). “" Miss.Code Ann. § 47-7-35 (Supp.1999). ¶ 62.”
Ratcliff v. State, 120 So. 3d 1058 (Miss. Ct. App. 2013). “See Miss.Code Ann. § 47-7-35(l)(g) (Rev.2011).”
Weaver v. State, 764 So. 2d 479 (Miss. Ct. App. 2000). “Weaver maintains that even if the banishment was proper, pursuant to Miss. Code Ann. § 47-7-35 (g)(Supp.1999), a circuit court in Mississippi only has the authority to impose a probationary period of up to five years.”
Gulley v. State, 870 So. 2d 652 (Miss. 2004). “Without reciting here verbatim the post-release terms contained in Exhibit "A," suffice it to state that the terms and provisions for the most part tracked the language of Miss.Code Ann. § 47-7-35 (Rev.2000), with a few added conditions which we deem to be routine in postrelease…”
Miss. Code Ann. § 47-7-35(1)(g): 1 case
Bradford Scott Byrd v. State of Mississippi, 179 So. 3d 64 (Miss. Ct. App. 2015).
Miss. Code Ann. § 47-7-35(1993): 1 case
Goss v. State, 721 So. 2d 144 (Miss. 1998). “Furthermore, the trial court acted within the boundaries of Miss.Code Ann. § 47-7-35 when it added certain terms and conditions to the suspension period.”
Miss. Code Ann. § 47-7-35(g): 2 cases
Means v. State, 43 So. 3d 438 (Miss. 2010). “2d at 1219 (quoting Miss.Code Ann. § 47-7-35(g) (Supp.1982)).”
Carroll v. State, 120 So. 3d 471 (Miss. Ct. App. 2013).
Miss. Code Ann. § 47-7-35(l)(g): 1 case
Ratcliff v. State, 120 So. 3d 1058 (Miss. Ct. App. 2013). “See Miss.Code Ann. § 47-7-35(l)(g) (Rev.2011).”
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