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
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (1) The courts referred to in Section 47-7-33 or 47-7-34 shall determine the terms and conditions of probation or post-release supervision and may alter or modify, at any time during the period of probation or post-release supervision, the conditions and may include among them the following or any other:
That the offender shall:
- (a) Commit no offense against the laws of this or any other state of the United States, or of any federal, territorial or tribal jurisdiction of the United States;
- (b) Avoid injurious or vicious habits;
- (c) Avoid persons or places of disreputable or harmful character;
- (d) Report to the probation and parole officer as directed;
- (e) Permit the probation and parole officer to visit him at home or elsewhere;
- (f) Work faithfully at suitable employment so far as possible;
- (g) Remain within a specified area;
- (h) Pay his fine in one (1) or several sums;
- (i) Support his dependents;
- (j) Submit, as provided in Section 47-5-601, to any type of breath, saliva or urine chemical analysis test, the purpose of which is to detect the possible presence of alcohol or a substance prohibited or controlled by any law of the State of Mississippi or the United States;
- (k) Register as a sex offender if so required under Title 45, Chapter 33.
- (2) When any court places a defendant on misdemeanor probation, the court must cause to be conducted a search of the probationer's name or other identifying information against the registration information regarding sex offenders maintained under Title 45, Chapter 33. The search may be conducted using the Internet site maintained by the Department of Public Safety Sex Offender Registry.
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). “2d at 1219 (quoting Miss.Code Ann. § 47-7-35(g) (Supp.1982)).”
Robinson v. State, 836 So. 2d 747 (Miss. 2002). “*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). “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). “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). “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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