Mississippi Code
Miss. Code Ann. § 47-7-47 (2024)
Earned probation program; restitution to crime victim
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (1) The judge of any circuit court may place an offender on a program of earned probation, in an intensive supervision program or any intervention court authorized by law after a period of confinement as set out herein and the judge may seek the advice of the commissioner and shall direct that the defendant be under the supervision of the department.
- (2)
- (a) Any circuit court or county court may, upon its own motion, acting upon the advice and consent of the commissioner not earlier than thirty (30) days nor later than three (3) years after the defendant has been delivered to the custody of the department, incarcerated by order of the court or otherwise sentenced, modify, alter or suspend the further execution of the sentence and place the defendant on earned probation, in an intensive supervision program or any intervention court authorized by law except when a death sentence or life imprisonment is the maximum penalty which may be imposed or if the defendant has been confined two (2) or more times for the conviction of a felony on a previous occasion in any court or courts of the United States and of any state or territories thereof or has been convicted of a felony involving the use of a deadly weapon.
- (b) The authority granted in this subsection shall be exercised by the judge who imposed sentence on the defendant, or his successor.
- (c) The time limit imposed by paragraph (a) of this subsection is not applicable to those defendants sentenced to the custody of the department prior to April 14, 1977. Persons who are convicted of crimes that carry mandatory sentences shall not be eligible for earned probation.
- (3) When any circuit or county court places an offender on earned probation, the court shall give notice to the Mississippi Department of Corrections within fifteen (15) days of the court's decision to place the offender on earned probation. Notice shall be delivered to the central office of the Mississippi Department of Corrections and to the regional office of the department which will be providing supervision to the offender on earned probation.
- (4) If the court places any person on probation or earned probation, the court may order the person, as a condition of probation, to a period of confinement and treatment at a private or public agency or institution, either within or without the state, which treats emotional, mental or drug-related problems. Any person who, as a condition of probation, is confined for treatment at an out-of-state facility shall be supervised pursuant to Section 47-7-71, and any person confined at a private agency shall not be confined at public expense. Time served in any such agency or institution may be counted as time required to meet the criteria of subsection (2)(a).
- (5) If the court places any person on probation or earned probation, the court may order the person to make appropriate restitution to any victim of his crime or to society through the performance of reasonable work for the benefit of the community.
- (6) If the court places any person on probation or earned probation, the court may order the person, as a condition of probation, to 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.
Laws, 1977, ch. 479, § 5; Laws, 1978, ch. 400, § 10; brought forward, Laws, 1981, ch. 465, § 113; Laws, 1981, ch. 502, § 12; Laws, 1983, ch. 435, § 7; reenacted, Laws, 1984, ch. 471, § 123; reenacted, Laws, 1986, ch. 413, § 123; Laws, 1996, ch. 397, § 1; Laws, 2000, ch. 622, § 3; Laws, 2001, ch. 482, § 9, eff. 7/1/2001.
Amended by Laws, 2024, ch. 515, HB 1004,§ 4, eff. 7/1/2024.
Amended by Laws, 2024, ch. 479, HB 1088,§ 8, eff. 7/1/2024.
Notes of Decisions
Cited in 29
cases (1 in the last 5 years), 1990–2022 · leading case: Miss. Com'n of Jud. Perform. v. Russell, 691 So. 2d 929 (Miss. 1997).
Miss. Com'n of Jud. Perform. v. Russell, 691 So. 2d 929 (Miss. 1997). “Judge Russell argued that he did not act in bad faith because he acted pursuant to Miss. Code Ann. § 47-7-47 (1972). Judge Russell testified that the methods utilized by him to release prisoners are common practice among other circuit judges in the state.”
Creel v. State, 944 So. 2d 891 (Miss. 2006). “Finding that the circuit court has jurisdiction over Creel's motion and that Miss. Code Ann. § 47-7-47 (2)(a) (Rev.2004) does not apply to certain post-conviction proceedings, we reverse the circuit court's *893 order, vacate the Court of Appeals' judgment, and remand to the…”
Smith v. State, 580 So. 2d 1221 (Miss. 1991). “Smith claims on appeal that a person placed on a program of earned probation [1] pursuant to the provisions of Miss. Code Ann. § 47-7-47 (Supp. 1990), has a liberty interest in the right to earn a recommendation of probation by satisfactory completion of the RID program within…”
Miss. Com'n on Jud. Perform. v. Byers, 757 So. 2d 961 (Miss. 2000). “Miss.Code Ann. § 47-7-47 (Supp.1999) (emphasis added).”
Mississippi Comm'n on Jud. Performance v. Russell, 691 So. 2d 929 (Miss. 1997). “Judge Russell argued that he did not act in bad faith because he acted pursuant to Miss. Code Ann. § 47-7-47 (1972). Judge Russell testified that the methods utilized by him to release prisoners are common practice among other circuit judges in the state.”
Vittitoe v. State, 556 So. 2d 1062 (Miss. 1990). “Miss. Code Ann. § 47-7-47 (Ch. 435, Supp.”
Farris v. State, 764 So. 2d 411 (Miss. 2000). “The inmate pled that to return him to prison would be a violation of his equal protection rights since he was the only person to be re-incarcerated among others who had been released under Miss.Code Ann. § 47-7-47, and the circuit agreed.”
In re Moore, 722 So. 2d 465 (Miss. 1998). “Both testified that the release of inmates was not being handled within the time requirements of Miss.Code Ann. § 47-7-47. Judge Russell entered his order denying the petition on February 5, 1996.”
Jensen v. State, 798 So. 2d 383 (Miss. 2001). “Rather Jensen petitioned the Lee County Circuit Court for judicial review of the MDOC field officer's decision to remove him from the ISP, asserting not only that the trial court retained jurisdiction for one year, as stated in the sentencing order, by authority of Miss.Code…”
Ducote v. State, 970 So. 2d 1309 (Miss. Ct. App. 2007). “" Miss.Code Ann. § 47-7-47(2)(a) (Rev.2004).”
Jenkins v. State, 733 So. 2d 833 (Miss. 1999). “The State joins the motion and indicates that an agreement has been reached whereby Jenkins and Woodard would make full restitution to the State in exchange for a suspension or partial suspension of their sentence under the provisions of Miss.Code Ann. § 47-7-47 (Supp.1998). ¶ 4.”
Wigginton v. State, 668 So. 2d 763 (Miss. 1996). “We find that Miss. Code Ann. § 47-7-47 (1972) does vest in the circuit judge who sentences a prisoner under this section the authority to make a later determination whether to suspend the execution of the sentence.”
Miss. Code Ann. § 47-7-47(1): 1 case
Gatlin v. State, 18 So. 3d 290 (Miss. Ct. App. 2009).
Miss. Code Ann. § 47-7-47(2): 2 cases
Bell v. State, 759 So. 2d 1111 (Miss. 1999).
Jenkins v. State, 733 So. 2d 833 (Miss. 1999). “The State joins the motion and indicates that an agreement has been reached whereby Jenkins and Woodard would make full restitution to the State in exchange for a suspension or partial suspension of their sentence under the provisions of Miss.Code Ann. § 47-7-47 (Supp.1998). ¶ 4.”
Miss. Code Ann. § 47-7-47(2)(a): 4 cases
Creel v. State, 944 So. 2d 891 (Miss. 2006). “Finding that the circuit court has jurisdiction over Creel's motion and that Miss. Code Ann. § 47-7-47 (2)(a) (Rev.2004) does not apply to certain post-conviction proceedings, we reverse the circuit court's *893 order, vacate the Court of Appeals' judgment, and remand to the…”
Ducote v. State, 970 So. 2d 1309 (Miss. Ct. App. 2007). “" Miss.Code Ann. § 47-7-47(2)(a) (Rev.2004).”
Doss v. State, 956 So. 2d 1100 (Miss. Ct. App. 2007).
Babbitt v. State, 755 So. 2d 406 (Miss. 2000).
Miss. Code Ann. § 47-7-47(2)(b): 1 case
Mississippi Comm'n on Jud. Performance v. Russell, 691 So. 2d 929 (Miss. 1997). “Judge Russell argued that he did not act in bad faith because he acted pursuant to Miss. Code Ann. § 47-7-47 (1972). Judge Russell testified that the methods utilized by him to release prisoners are common practice among other circuit judges in the state.”
Miss. Code Ann. § 47-7-47(4): 2 cases
Miss. Com'n on Jud. Perform. v. Byers, 757 So. 2d 961 (Miss. 2000). “Miss.Code Ann. § 47-7-47 (Supp.1999) (emphasis added).”
Mississippi Comm'n on Jud. Performance v. Byers, 757 So. 2d 961 (Miss. 2000).
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