MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Judiciary B

By: Representative Dixon

House Bill 519

AN ACT TO CREATE THE MISSISSIPPI PENAL CODE; TO STATE THE PURPOSES AND APPLICABILITY OF THIS ACT; TO PROVIDE CLASSES OF CRIMES; TO DEFINE OFFENSES; TO PROVIDE TIME LIMITATIONS; TO PROVIDE FOR PROSECUTION METHODS; TO DEFINE WHEN A PROSECUTION IS BARRED; TO DEFINE CERTAIN TERMS; TO SPECIFY GENERAL PRINCIPLES OF LIABILITY; TO REQUIRE THAT LIABILITY BE BASED ON A VOLUNTARY ACT; TO PROVIDE GENERAL REQUIREMENTS OF CULPABILITY; TO REQUIRE A CAUSAL RELATIONSHIP BETWEEN CONDUCT AND RESULT; TO PROVIDE THE DEFENSE OF IGNORANCE OR MISTAKE; TO PROVIDE FOR WHEN CULPABILITY REQUIREMENTS ARE INAPPLICABLE TO CERTAIN OFFENSES; TO PROVIDE FOR LIABILITY FOR THE CONDUCT OF ANOTHER; TO PROVIDE FOR WHEN CULPABILITY REQUIREMENTS ARE INAPPLICABLE TO CERTAIN OFFENSES; TO PROVIDE FOR LIABILITY FOR THE CONDUCT OF ANOTHER; TO PROVIDE FOR LIABILITY OF CORPORATIONS; TO PROVIDE WHEN THE DEFENSE OF INTOXICATION IS APPLICABLE; TO PROVIDE FOR THE DEFENSE OF DURESS; TO PROVIDE FOR THE DEFENSE OF CONSENT; TO PROVIDE FOR DE MINIMIS INFRACTIONS AND ENTRAPMENT; TO PROVIDE FOR GENERAL PRINCIPLES OF JUSTIFICATION INCLUDING THE USE OF FORCE; TO PROVIDE FOR MISTAKE OF LAW AS TO UNLAWFULNESS OF FORCE OR LEGALITY OF ARREST; TO PROVIDE FOR JUSTIFICATION IN PROPERTY CRIMES; TO ADDRESS CRIMINAL RESPONSIBILITY INCLUDING MENTAL DISEASES OR DEFECTS WHICH EXCLUDE RESPONSIBILITY; TO PROVIDE FOR THE ADMISSIBILITY OF EVIDENCE RELATING TO MENTAL CONDITION; TO PROVIDE FOR PSYCHIATRIC EXAMINATIONS; TO ADDRESS THE DETERMINATION OF WHEN TO PROCEED BASED ON THE DEFENDANT'S FITNESS; TO PROVIDE FOR THE DETERMINATION OF IRRESPONSIBILITY; TO PROVIDE FOR THE LEGAL EFFECT OF ACQUITTAL ON THE GROUND OF MENTAL DISEASE OR DEFECT EXCLUDING RESPONSIBILITY; TO ADDRESS IMMATURITY EXCLUDING CRIMINAL CONVICTION; TO PROVIDE FOR INCHOATE CRIMES INCLUDING ATTEMPT, SOLICITATION AND CONSPIRACY; TO PROVIDE FOR INCAPACITY, IRRESPONSIBILITY OR IMMUNITY OF A PARTY TO SOLICITATION OR CONSPIRACY; TO ADDRESS THE USE OF WEAPONS AS INSTRUMENTS OF CRIME; TO PROVIDE FOR THE DEGREES OF FELONIES; TO PROVIDE FOR SENTENCING, FINES AND PENALTIES UNDER THIS ACT; TO PROVIDE FOR SENTENCE REVISION; TO PROVIDE CRITERIA AND PROCEDURE FOR SENTENCING AND IMPOSING FINES; TO ADDRESS MULTIPLE SENTENCES; TO ADDRESS FORMER CONVICTIONS IN OTHER JURISDICTIONS; TO PROVIDE FOR CREDIT FOR TIME SERVED PRIOR TO SENTENCING; TO PROVIDE FOR THE OFFENSE OF CRIMINAL HOMICIDE WHICH INCLUDES MURDER, MANSLAUGHTER, NEGLIGENT HOMICIDE AND CAUSING OR AIDING SUICIDE; TO PROVIDE FOR THE OFFENSES OF ASSAULT, RECKLESS ENDANGERING AND TERRORISTIC THREATS; TO PROVIDE FOR THE OFFENSE OF KIDNAPPING, FELONIOUS RESTRAINT, FALSE IMPRISONMENT, INTERFERENCE WITH CUSTODY AND CRIMINAL COERCION; TO PROVIDE FOR SEXUAL OFFENSES INCLUDING RAPE, SEXUAL ASSAULT, INDECENT EXPOSURE AND CORRUPTION OF MINORS AND SEDUCTION; TO PROVIDE FOR THE OFFENSES OF ARSON, CAUSING OR RISKING CATASTROPHE AND CRIMINAL MISCHIEF; TO PROVIDE FOR THE OFFENSES OF BURGLARY AND CRIMINAL TRESPASS; TO PROVIDE FOR THE OFFENSE OF ROBBERY; TO PROVIDE FOR VARIOUS THEFT AND RELATED OFFENSES; TO PROVIDE FOR THE OFFENSES OF FORGERY AND FRAUDULENT PRACTICES INCLUDING TAMPERING OR DESTRUCTION OF RECORDS, ISSUING BAD CHECKS, CREDIT CARD FRAUD, DECEPTIVE BUSINESS PRACTICES AND OTHER FRAUD; TO PROVIDE FOR THE OFFENSES OF BIGAMY AND POLYGAMY, INCEST, ABORTION, ENDANGERING THE WELFARE OF CHILDREN AND PERSISTENT NONSUPPORT; TO PROVIDE FOR THE OFFENSES OF BRIBERY AND CORRUPT INFLUENCE INCLUDING OFFENSES RELATED TO PUBLIC OFFICIALS; TO PROVIDE FOR THE OFFENSES OF PERJURY, FALSE SWEARING, UNSWORN FALSIFICATION TO AUTHORITIES, FALSE ALARMS, FALSE REPORTS, AND TAMPERING WITH WITNESSES, INFORMANTS, EVIDENCE AND PUBLIC RECORDS; TO PROVIDE FOR THE OFFENSES OF OBSTRUCTING GOVERNMENTAL OPERATIONS, RESISTING ARREST, HINDERING APPREHENSION OR PROSECUTION, AIDING CONSUMMATION OF CRIME, COMPOUNDING, ESCAPE AND BAIL JUMPING; TO PROVIDE FOR OFFENSES RELATING TO ABUSE OF OFFICE; TO PROVIDE FOR THE OFFENSES OF RIOT, DISORDERLY CONDUCT, FALSE PUBLIC ALARMS, HARASSMENT, PUBLIC INTOXICATION, LOITERING, OBSTRUCTING HIGHWAYS, DESECRATION OF VENERATED OBJECTS, ABUSE OF CORPSE, CRUELTY TO ANIMALS AND VIOLATION OF PRIVACY; TO PROVIDE FOR THE OFFENSES OF PROSTITUTION, LOITERING TO SOLICIT DEVIATE SEXUAL RELATIONS AND OBSCENITY; TO PROVIDE FOR TREATMENT AND CORRECTION OF OFFENDERS; TO PROVIDE CONDITIONS OF SUSPENSION OF SENTENCE OR PROBATION; TO PROVIDE FOR THE DETERMINATION OF THE PERIOD OF SUSPENSION OR PROBATION; TO PROVIDE FOR MODIFICATION OF CONDITIONS; TO PROVIDE FOR SUSPENSION AND PROBATION PROCEEDINGS AND HEARINGS UPON NOTICE; TO PROVIDE FOR CRIMINAL FINES AND METHODS OF PAYMENT INCLUDING THE CONSEQUENCES OF NONPAYMENT AND REVOCATION OF FINES; TO PROVIDE FOR SHORT-TERM AND LONG-TERM IMPRISONMENT AND THE ADMINISTRATION OF PRISONERS; TO PROVIDE FOR DISCIPLINE AND CONTROL OF PRISONERS, WORKING PRISONERS AND REDUCTION OF SENTENCES FOR GOOD BEHAVIOR; TO PROVIDE COMPASSIONATE LEAVE; TO PROVIDE FOR RELEASE FROM INSTITUTIONS; TO PROVIDE FOR PAROLE; TO PROVIDE FOR REDUCTION IN PRISON AND PAROLE TERMS FOR GOOD BEHAVIOR; TO PROVIDE FOR PAROLE ELIGIBILITY AND PAROLE HEARINGS; TO ESTABLISH PAROLE CRITERIA, CONDITIONS, SUPERVISION AND REVOCATION; TO ADDRESS THE LOSS AND RESTORATION OF RIGHTS INCIDENT TO CONVICTION AND IMPRISONMENT; TO CREATE THE DEPARTMENT OF CORRECTIONS AND PROVIDE FOR ITS PERSONNEL, POWERS AND DUTIES; TO CREATE DIVISIONS WITHIN THE DEPARTMENT; TO CREATE THE COMMISSION ON CORRECTION AND COMMUNITY SERVICES; TO PROVIDE FOR INSPECTION OF INSTITUTIONS; TO CREATE THE PAROLE BOARD AND PRESCRIBE ITS DUTIES AND POWERS; TO PROVIDE FOR THE ADMINISTRATION OF PENAL INSTITUTIONS; TO CREATE THE DIVISION OF PAROLE AND PRESCRIBE ITS DUTIES AND POWERS; TO CREATE THE DIVISION OF PROBATION AND PRESCRIBE ITS DUTIES AND POWERS; TO REPEAL SECTIONS 97-1-1, 97-1-7 AND 97-1-9, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE CRIMINAL OFFENSES OF CONSPIRACY AND ATTEMPTS; TO REPEAL SECTIONS 97-3-3 AND 97-3-5, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE CRIMINAL OFFENSE OF ABORTION; TO REPEAL SECTION 97-3-7, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR CRIMINAL ASSAULTS; TO REPEAL SECTIONS 97-3-19, 97-3-21, 97-3-23, 97-3-25, 97-3-27, 97-3-29, 97-3-31, 97-3-33, 97-3-35, 97-3-37, 97-3-39, 97-3-41, 97-3-43, 97-3-45, 97-3-47, 97-3-49, 99-19-101 AND 99-19-103, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR VARIOUS HOMICIDE OFFENSES, CAPITAL CASES SENTENCING AND AIDING SUICIDE; TO REPEAL SECTION 97-3-53, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE CRIMINAL OFFENSE OF KIDNAPPING; TO REPEAL SECTIONS 97-3-85 AND 97-3-87, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE OFFENSE OF CRIMINAL THREATS; TO REPEAL SECTIONS 97-3-65, 97-3-71, 97-3-95, 97-3-97, 97-3-99, 97-3-101 AND 97-3-103, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE CRIMES OF RAPE AND SEXUAL ASSAULT; TO REPEAL SECTIONS 97-17-1, 97-17-3, 97-17-5, 97-17-7, 97-17-9, 97-17-11 AND 97-17-13, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE CRIME OF ARSON; TO REPEAL SECTIONS 97-17-23, 97-17-25, 97-17-29, 97-17-31, 97-17-33, 97-17-35 AND 97-17-37, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE CRIME OF BURGLARY; TO REPEAL SECTIONS 97-3-73, 97-3-75, 97-3-77, 97-3-79, 97-3-81 AND 97-3-83, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE CRIME OF ROBBERY; TO REPEAL SECTION 97-3-82, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE CRIME OF EXTORTION; TO REPEAL SECTIONS 97-17-45, 97-17-47, 97-17-49, 97-17-51, 97-17-53, 97-17-55, 97-17-58, 97-17-59, 97-17-61, 97-17-63 AND 97-17-64, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE CRIME OF LARCENY; TO REPEAL SECTION 97-17-67, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE CRIME OF MALICIOUS MISCHIEF; TO REPEAL SECTION 97-17-70, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE CRIME OF RECEIVING STOLEN PROPERTY; TO REPEAL SECTIONS 97-21-1, 97-21-3, 97-21-7, 97-21-9, 97-21-11, 97-21-13, 97-21-15, 97-21-17, 97-21-19, 97-21-21, 97-21-23, 97-21-25, 97-21-27, 97-21-29, 97-21-31, 97-21-33, 97-21-35, 97-21-37, 97-21-39, 97-21-41, 97-21-43, 97-21-45, 97-21-47, 97-21-49, 97-21-51, 97-21-53, 97-21-55, 97-21-57, 97-21-59, 97-21-61 AND 97-21-63, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE CRIME OF FORGERY; TO REPEAL SECTIONS 97-19-7, 97-19-9, 97-19-11, 97-19-13, 97-19-15, 97-19-17, 97-19-19, 97-19-21, 97-19-23, 97-19-25, 97-19-27, 97-19-29 AND 97-19-31, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE FRAUDULENT USE OF CREDIT CARDS; TO REPEAL SECTIONS 97-19-55 AND 97-19-67, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE CRIME OF FRAUD FOR ISSUING BAD CHECKS; TO REPEAL SECTIONS 97-29-13 AND 97-29-15, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE CRIME OF BIGAMY; TO REPEAL SECTIONS 97-29-5, 97-29-27 AND 97-29-29, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE CRIME OF INCEST; TO REPEAL SECTION 97-29-31, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE CRIME OF INDECENT EXPOSURE; TO REPEAL SECTIONS 97-9-5, 97-9-7, 97-9-9, 97-9-10, 97-11-11, 97-11-13, 97-11-53, 97-13-1 AND 97-13-3, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE CRIME OF BRIBERY; TO REPEAL SECTIONS 97-9-59, 97-9-61, 97-9-63 AND 97-9-65, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE CRIME OF PERJURY; TO REPEAL SECTIONS 97-9-45, 97-9-47 AND 97-9-49, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE CRIME OF ESCAPE; TO REPEAL SECTION 97-29-47, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE CRIME OF PUBLIC DRUNKENNESS; TO REPEAL SECTIONS 97-41-1, 97-41-5, 97-41-7, 97-41-9 AND 97-41-11, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR THE CRIME OF CRUELTY TO ANIMALS; TO BRING FORWARD FOR PURPOSES OF AMENDMENT SECTIONS 47-1-1, 47-1-3, 47-1-5, 47-1-7, 47-1-9, 47-1-11, 47-1-13, 47-1-15, 47-1-17, 47-1-19, 47-1-21, 47-1-23, 47-1-25, 47-1-27, 47-1-29, 47-1-31, 47-1-33, 47-1-35, 47-1-37, 47-1-39, 47-1-41, 47-1-43, 47-1-45, 47-1-47, 47-1-49, 47-1-51, 47-1-55, 47-1-57, 47-1-59, 47-1-61 AND 47-1-63, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE INCARCERATION AND ADMINISTRATION OF COUNTY AND MUNICIPAL PRISONS AND PRISONERS; TO BRING FORWARD FOR PURPOSES OF AMENDMENT SECTIONS 47-4-1, 47-4-3 AND 47-4-5, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR PRIVATELY OPERATED CORRECTIONAL FACILITIES; TO AMEND SECTION 47-5-5, MISSISSIPPI CODE OF 1972, TO CORRECT THE REFERENCE TO THE STATE FISCAL MANAGEMENT BOARD, WHICH IS NOW REFERRED TO AS THE DEPARTMENT OF FINANCE AND ADMINISTRATION; TO AMEND SECTION 47-5-28, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF MAKING A GRAMMATICAL CORRECTION IN PUNCTUATION; TO AMEND SECTION 47-5-37, MISSISSIPPI CODE OF 1972, TO CORRECT THE REFERENCE TO THE STATE FISCAL MANAGEMENT BOARD, WHICH IS NOW REFERRED TO AS THE DEPARTMENT OF FINANCE AND ADMINISTRATION; TO REFLECT THE NAME CHANGE OF A STANDING COMMITTEE OF THE HOUSE OF REPRESENTATIVES TO THE CORRECTIONS COMMITTEE; TO AMEND SECTION 47-5-54, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF MAKING A GRAMMATICAL CORRECTION IN PUNCTUATION; TO AMEND SECTION 47-5-138, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF MAKING A GRAMMATICAL CORRECTION IN PUNCTUATION; TO AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF CLARIFYING REFERENCE TO A CERTAIN PROVISION OF THE SECTION; TO BRING FORWARD SECTIONS 47-5-1, 47-5-3, 47-5-4, 47-5-8, 47-5-10, 47-5-20, 47-5-23, 47-5-24, 47-5-26, 47-5-35, 47-5-49, 47-5-99, 47-5-101, 47-5-103, 47-5-104, 47-5-110, 47-5-119, 47-5-120, 47-5-121, 47-5-126, 47-5-139, 47-5-140, 47-5-142, 47-5-173, 47-5-177 AND 47-5-901, MISSISSIPPI CODE OF 1972, WHICH CREATE THE CORRECTIONAL SYSTEM FOR THE STATE OF MISSISSIPPI AND PRESCRIBE THE DUTIES AND POWERS THEREUNDER; TO BRING FORWARD SECTIONS 47-7-1, 47-7-5, 47-7-9, 47-7-17, 47-7-23, 47-7-25, 47-7-27, 47-7-29, 47-7-31, 47-7-33, 47-7-35, 47-7-37, 47-7-41, 47-7-47, 47-7-49 AND 47-7-53, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR PROBATION AND PAROLE AND SPECIFY THE POWERS AND DUTIES RELATED THERETO; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

ARTICLE 1

SECTION 1. (1) This act shall be known and may be cited as the Mississippi Penal Code.

(2) Except as provided in subsections (3) and (4) of this section, this act does not apply to offenses committed prior to its effective date and prosecutions for such offenses shall be governed by the prior law, which is continued in effect for that purpose, as if this act were not in force. For the purposes of this section, an offense was committed prior to the effective date of this act if any of the elements of the offense occurred prior thereto.

(3) In any case pending on or after the effective date of this act, involving an offense committed prior to such date:

(a) Procedural provisions of this act shall govern, insofar as they are justly applicable and their application does not introduce confusion or delay;

(b) Provisions of this act according a defense or mitigation shall apply, with the consent of the defendant;

(c) The court, with the consent of the defendant, may impose sentence under the provisions of this act applicable to the offense and the offender.

(4) Provisions of this act governing the treatment and the release or discharge of prisoners, probationers and parolees shall apply to persons under sentence for offenses committed prior to the effective date of this act, except that the minimum or maximum period of their detention or supervision shall in no case be increased.

SECTION 2. (1) The general purposes of the provisions governing the definition of offenses are:

(a) To forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests;

(b) To subject to public control persons whose conduct indicates that they are disposed to commit crimes;

(d) To give fair warning of the nature of the conduct declared to constitute an offense;

(e) To differentiate on reasonable grounds between serious and minor offenses.

(2) The general purposes of the provisions governing the sentencing and treatment of offenders are:

(a) To prevent the commission of offenses;

(b) To promote the correction and rehabilitation of offenders;

(d) To give fair warning of the nature of the sentences that may be imposed on conviction of an offense;

(e) To differentiate among offenders with a view to a just individualization in their treatment;

(f) To define, coordinate and harmonize the powers, duties and functions of the courts and of administrative officers and agencies responsible for dealing with offenders;

(g) To advance the use of generally accepted scientific methods and knowledge in the sentencing and treatment of offenders;

(h) To integrate responsibility for the administration of the correctional system in the Mississippi Department of Corrections.

(3) The provisions of this act shall be construed according to the fair import of their terms but when the language is susceptible of differing constructions it shall be interpreted to further the general purposes stated in this section and the special purposes of the particular provision involved. The discretionary powers conferred by this act shall be exercised in accordance with the criteria stated in this act and, insofar as such criteria are not decisive, to further the general purposes stated in this section.

SECTION 3. (1) Except as otherwise provided in this section, a person may be convicted under the law of this state of an offense committed by his own conduct or the conduct of another for which he is legally accountable if:

(a) Either the conduct which is an element of the offense or the result which is such an element occurs within this state; or

(b) Conduct occurring outside the state is sufficient under the law of this state to constitute an attempt to commit an offense within the state; or

(c) Conduct occurring outside the state is sufficient under the law of this state to constitute a conspiracy to commit an offense within the state and an overt act in furtherance of such conspiracy occurs within the state; or

(d) Conduct occurring within the state establishes complicity in the commission of, or an attempt, solicitation or conspiracy to commit, an offense in another jurisdiction which also is an offense under the law of this state; or

(e) The offense consists of the omission to perform a legal duty imposed by the law of this state with respect to domicile, residence or a relationship to a person, thing or transaction in the state; or

(f) The offense is based on a statute of this state which expressly prohibits conduct outside the state, when the conduct bears a reasonable relation to a legitimate interest of this state and the actor knows or should know that his conduct is likely to affect that interest.

(2) Subsection (1)(a) does not apply when either causing a specified result or a purpose to cause or danger of causing such a result is an element of an offense and the result occurs or is designed or likely to occur only in another jurisdiction where the conduct charged would not constitute an offense, unless a legislative purpose plainly appears to declare the conduct criminal regardless of the place of the result.

(3) Subsection (1)(a) does not apply when causing a particular result is an element of an offense and the result is caused by conduct occurring outside the state which would not constitute an offense if the result had occurred there, unless the actor purposely or knowingly caused the result within the state.

(4) When the offense is homicide, either the death of the victim or the bodily impact causing death constitutes a "result," within the meaning of subsection (1)(a) and if the body of a homicide victim is found within the state, it is presumed that such result occurred within the state.

(5) This state includes the land and water and the air space above such land and water with respect to which the state has legislative jurisdiction.

SECTION 4. (1) An offense defined by this act or by any other statute of this state, for which a sentence of death or of imprisonment is authorized, constitutes a crime. Crimes are classified as felonies, misdemeanors or petty misdemeanors.

(2) A crime is a felony if it is so designated in this act or if persons convicted thereof may be sentenced to death or to imprisonment for a term which, apart from an extended term, is in excess of one (1) year.

(3) A crime is a misdemeanor if it is so designated in this act or in a statute other than this act enacted subsequent thereto.

(4) A crime is a petty misdemeanor if it is so designated in this act or in a statute other than this act enacted subsequent thereto or if it is defined by a statute other than this act which now provides that persons convicted thereof may be sentenced to imprisonment for a term of which the maximum is less than one (1) year.

(5) An offense defined by this act or by any other statute of this state constitutes a violation if it is so designated in this act or in the law defining the offense or if no other sentence than a fine, or fine and forfeiture or other civil penalty is authorized upon conviction or if it is defined by a statute other than this act which now provides that the offense shall not constitute a crime. A violation does not constitute a crime and conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.

(6) Any offense declared by law to constitute a crime, without specification of the grade thereof or of the sentence authorized upon conviction, is a misdemeanor.

(7) An offense defined by any statute of this state other than this act shall be classified as provided in this section and the sentence that may be imposed upon conviction thereof shall hereafter be governed by this act.

SECTION 5. (1) No conduct constitutes an offense unless it is a crime or violation under this act or another statute of this state.

(2) The provisions of Articles 1 through 7 of this act are applicable to offenses defined by other statutes, unless this act otherwise provides.

(3) This section does not affect the power of a court to punish for contempt or to employ any sanction authorized by law for the enforcement of an order or a civil judgment or decree.

SECTION 6. (1) A prosecution for murder may be commenced at any time.

(2) Except as otherwise provided in this section, prosecutions for other offenses are subject to the following periods of limitation:

(a) A prosecution for a felony of the first degree must be commenced within six (6) years after it is committed;

(b) A prosecution for any other felony must be commenced within three (3) years after it is committed;

(d) A prosecution for a petty misdemeanor or a violation must be commenced within six (6) months after it is committed.

(3) If the period prescribed in subsection (2) has expired, a prosecution may nevertheless be commenced for:

(a) Any offense a material element of which is either fraud or a breach of fiduciary obligation within one (1) year after discovery of the offense by an aggrieved party or by a person who has legal duty to represent an aggrieved party and who is himself not a party to the offense, but in no case shall this provision extend the period of limitation otherwise applicable by more than three (3) years; and

(b) Any offense based upon misconduct in office by a public officer or employee at any time when the defendant is in public office or employment or within two (2) years thereafter, but in no case shall this provision extend the period of limitation otherwise applicable by more than three (3) years.

(4) An offense is committed either when every element occurs, or, if a legislative purpose to prohibit a continuing course of conduct plainly appears, at the time when the course of conduct or the defendant's complicity therein is terminated. Time starts to run on the day after the offense is committed.

(5) A prosecution is commenced either when an indictment is found or information filed or when a warrant or other process is issued, provided that such warrant or process is executed without unreasonable delay.

(6) The period of limitation does not run:

(a) During any time when the accused is continuously absent from the state or has no reasonably ascertainable place of abode or work within the state, but in no case shall this provision extend the period of limitation otherwise applicable by more than three (3) years; or

(b) During any time when a prosecution against the accused for the same conduct is pending in this state.

SECTION 7. (1) Prosecution for multiple offenses; limitation on convictions. When the same conduct of a defendant may establish the commission of more than one (1) offense, the defendant may be prosecuted for each such offense. He may not, however, be convicted of more than one (1) offense if:

(a) One (1) offense is included in the other, as defined in subsection (4) of this section; or

(b) One (1) offense consists only of a conspiracy or other form of preparation to commit the other; or

(d) The offenses differ only in that one is defined to prohibit a designated kind of conduct generally and the other to prohibit a specific instance of such conduct; or

(e) The offense is defined as a continuing course of conduct and the defendant's course of conduct was uninterrupted, unless the law provides that specific periods of such conduct constitute separate offenses.

(2) Limitation on separate trials for multiple offenses. Except as provided in subsection (3) of this section, a defendant shall not be subject to separate trials for multiple offenses based on the same conduct or arising from the same criminal episode, if such offenses are known to the appropriate prosecuting officer at the time of the commencement of the first trial and are within the jurisdiction of a single court.

(3) Authority of court to order separate trials. When a defendant is charged with two (2) or more offenses based on the same conduct or arising from the same criminal episode, the court, on application of the prosecuting attorney or of the defendant, may order any such charge to be tried separately, if it is satisfied that justice so requires.

(4) Conviction of included offense permitted. A defendant may be convicted of an offense included in an offense charged in the indictment or the information. An offense is so included when:

(a) It is established by proof of the same or less than all the facts required to establish the commission of the offense charged; or

(b) It consists of an attempt or solicitation to commit the offense charged or to commit an offense otherwise included therein; or

(c) It differs from the offense charged only in the respect that a less serious injury or risk of injury to the same person, property or public interest or a lesser kind of culpability suffices to establish its commission.

(5) Submission of included offense to jury. The court shall not be obligated to charge the jury with respect to an included offense unless there is a rational basis for a verdict acquitting the defendant of the offense charged and convicting him of the included offense.

SECTION 8. When a prosecution is for a violation of the same provision of the statutes and is based upon the same facts as a former prosecution, it is barred by such former prosecution under the following circumstances:

(a) The former prosecution resulted in an acquittal. There is an acquittal if the prosecution resulted in a finding of not guilty by the trier of fact or in a determination that there was insufficient evidence to warrant a conviction. A finding of guilty of a lesser included offense is an acquittal of the greater inclusive offense, although the conviction is subsequently set aside.

(b) The former prosecution was terminated, after the information had been filed or the indictment found, by a final order or judgment for the defendant, which has not been set aside, reversed, or vacated and which necessarily required a determination inconsistent with a fact or a legal proposition that must be established for conviction of the offense.

(c) The former prosecution resulted in a conviction. There is a conviction if the prosecution resulted in a judgment of conviction which has not been reversed or vacated, a verdict of guilty which has not been set aside and which is capable of supporting a judgment, or a plea of guilty accepted by the court. In the latter two (2) cases failure to enter judgment must be for a reason other than a motion of the defendant.

(d) The former prosecution was improperly terminated. Except as provided in this subsection, there is an improper termination of a prosecution if the termination is for reasons not amounting to an acquittal, and it takes place after the first witness is sworn but before verdict. Termination under any of the following circumstances is not improper:

(i) The defendant consents to the termination or waives, by motion to dismiss or otherwise, his right to object to the termination.

(ii) The trial court finds that the termination is necessary because:

1. It is physically impossible to proceed with the trial in conformity with law; or

2. There is a legal defect in the proceedings which would make any judgment entered upon a verdict reversible as a matter of law; or

3. Prejudicial conduct, in or outside the courtroom, makes it impossible to proceed with the trial without injustice to either the defendant or the state; or

4. The jury is unable to agree upon a verdict; or

5. False statements of a juror on voir dire prevent a fair trial.

SECTION 9. Although a prosecution is for a violation of a different provision of the statutes than a former prosecution or is based on different facts, it is barred by such former prosecution under the following circumstances:

(a) The former prosecution resulted in an acquittal or in a conviction as defined in Section 8 of this act and the subsequent prosecution is for:

(i) Any offense of which the defendant could have been convicted on the first prosecution; or

(ii) Any offense for which the defendant should have been tried on the first prosecution under Section 7 of this act, unless the court ordered a separate trial of the charge of such offense; or

(iii) The same conduct, unless 1. the offense of which the defendant was formerly convicted or acquitted and the offense for which he is subsequently prosecuted each requires proof of a fact not required by the other and the law defining each of such offenses is intended to prevent a substantially different harm or evil, or 2. the second offense was not consummated when the former trial began.

(b) The former prosecution was terminated, after the information was filed or the indictment found, by an acquittal or by a final order or judgment for the defendant which has not been set aside, reversed or vacated and which acquittal, final order or judgment necessarily required a determination inconsistent with a fact which must be established for conviction of the second offense.

(c) The former prosecution was improperly terminated, as improper termination is defined in Section 8 of this act, and the subsequent prosecution is for an offense of which the defendant could have been convicted had the former prosecution not been improperly terminated.

SECTION 10. When conduct constitutes an offense within the concurrent jurisdiction of this state and of the United States or another state, a prosecution in any such other jurisdiction is a bar to a subsequent prosecution in this state under the following circumstances:

(a) The first prosecution resulted in an acquittal or in a conviction as defined in Section 8 of this act and the subsequent prosecution is based on the same conduct, unless (i) the offense of which the defendant was formerly convicted or acquitted and the offense for which he is subsequently prosecuted each requires proof of a fact not required by the other and the law defining each of such offenses is intended to prevent a substantially different harm or evil or (ii) the second offense was not consummated when the former trial began; or

SECTION 11. A prosecution is not a bar within the meaning of Sections 8, 9 and 10 of this act under any of the following circumstances:

(a) The former prosecution was before a court which lacked jurisdiction over the defendant or the offense; or

(b) The former prosecution was procured by the defendant without the knowledge of the appropriate prosecuting officer and with the purpose of avoiding the sentence which might otherwise be imposed; or

(c) The former prosecution resulting in a judgment of conviction which was held invalid in a subsequent proceeding on a writ of habeas corpus, coram nobis or similar process.

SECTION 12. (1) No person may be convicted of an offense unless each element of such offense is proved beyond a reasonable doubt. In the absence of such proof, the innocence of the defendant is assumed.

(2) Subsection (1) of this section does not:

(a) Require the disproof of an affirmative defense unless and until there is evidence supporting such defense; or

(b) Apply to any defense which this act or another statute plainly requires the defendant to prove by a preponderance of evidence.

(3) A ground of defense is affirmative, within the meaning of subsection (2)(a) of this section, when:

(a) It arises under a section of this act which so provides; or

(b) It relates to an offense defined by a statute other than this act and such statute so provides; or

(c) It involves a matter of excuse or justification peculiarly within the knowledge of the defendant on which he can fairly be required to adduce supporting evidence.

(4) When the application of this act depends upon the finding of a fact which is not an element of an offense, unless this act otherwise provides:

(a) The burden of proving the fact is on the prosecution or defendant, depending on whose interest or contention will be furthered if the finding should be made; and

(b) The fact must be proved to the satisfaction of the court or jury, as the case may be.

(5) When this act establishes a presumption with respect to any fact which is an element of an offense, it has the following consequences:

(a) When there is evidence of the facts which give rise to the presumption, the issue of the existence of the presumed fact must be submitted to the jury, unless the court is satisfied that the evidence as a whole clearly negatives the presumed fact; and

(b) When the issue of the existence of the presumed fact is submitted to the jury, the court shall charge that while the presumed fact must, on all the evidence, be proved beyond a reasonable doubt, the law declares that the jury may regard the facts giving rise to the presumption as sufficient evidence of the presumed fact.

(6) A presumption not established by this act or inconsistent with it has the consequences otherwise accorded it by law.

SECTION 13. In this act, unless a different meaning plainly is required:

(a) "Statute" includes the Constitution, the laws of the State of Mississippi and a local law or ordinance of a political subdivision of the state;

(b) "Act" or "action" means a bodily movement whether voluntary or involuntary;

(d) "Omission" means a failure to act;

(e) "Conduct" means an action or omission and its accompanying state of mind, or, where relevant, a series of acts and omissions;

(f) "Actor" includes, where relevant, a person guilty of an omission;

(g) "Acted" includes, where relevant, "omitted to act";

(h) "Person," "he" and "actor" include any natural person and, where relevant, a corporation or an unincorporated association;

(i) "Element of an offense" means (i) such conduct or (ii) such attendant circumstances or (iii) such a result of conduct as:

1. Is included in the description of the forbidden conduct in the definition of the offense; or

2. Establishes the required kind of culpability; or

3. Negatives an excuse or justification for such conduct; or

4. Negatives a defense under the statute of limitations; or

5. Establishes jurisdiction or venue;

(j) "Material element of an offense" means an element that does not relate exclusively to the statute of limitations, jurisdiction, venue or to any other matter similarly unconnected with (i) the harm or evil, incident to conduct, sought to be prevented by the law defining the offense, or (ii) the existence of a justification or excuse for such conduct;

(k) "Purposely" has the meaning specified in Section 15 of this act and equivalent terms such as "with purpose," "designed" or "with design" have the same meaning;

(l) "Intentionally" or "with intent" means purposely;

(m) "Knowingly" has the meaning specified in Section 15 of this act and equivalent terms such as "knowing" or "with knowledge" have the same meaning;

(n) "Recklessly" has the meaning specified in Section 15 of this act and equivalent terms such as "recklessness" or "with recklessness" have the same meaning;

(o) "Negligently" has the meaning specified in Section 15 of this act and equivalent terms such as "negligence" or "with negligence" have the same meaning;

(p) "Reasonably believes" or "reasonable belief" designates a belief which the actor is not reckless or negligent in holding.

ARTICLE 2

GENERAL PRINCIPLES OF LIABILITY

SECTION 14. (1) A person is not guilty of an offense unless his liability is based on conduct which includes a voluntary act or the omission to perform an act of which he is physically capable.

(2) The following are not voluntary acts within the meaning of this section:

(a) A reflex or convulsion;

(b) A bodily movement during unconsciousness or sleep;

(d) A bodily movement that otherwise is not a product of the effort or determination of the actor, either conscious or habitual.

(3) Liability for the commission of an offense may not be based on an omission unaccompanied by action unless:

(a) The omission is expressly made sufficient by the law defining the offense; or

(b) A duty to perform the omitted act is otherwise imposed by law.

(4) Possession is an act, within the meaning of this section, if the possessor knowingly procured or received the thing possessed or was aware of his control thereof for a sufficient period to have been able to terminate his possession.

SECTION 15. (1) Minimum requirements of culpability.

Except as provided in Section 18 of this act, a person is not guilty of an offense unless he acted purposely, knowingly, recklessly or negligently, as the law may require, with respect to each material element of the offense.

(2) Kinds of culpability defined.

(a) A person acts purposely with respect to a material element of an offense when:

(i) If the element involves the nature of his conduct or a result thereof, it is his conscious object to engage in conduct of that nature or to cause such a result; and

(ii) If the element involves the attendant circumstances, he is aware of the existence of such circumstances or he believes or hopes that they exist.

(b) A person acts knowingly with respect to a material element of an offense when:

(i) If the element involves the nature of his conduct or the attendant circumstances, he is aware that his conduct is of that nature or that such circumstances exist; and

(ii) If the element involves a result of his conduct, he is aware that it is practically certain that his conduct will cause such a result.

(c) A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation.

(d) A person acts negligently with respect to a material element of an offense when he should be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known to him, involves a gross deviation from the standard of care that a reasonable person would observe in the actor's situation.

(3) Culpability required unless otherwise provided. When the culpability sufficient to establish a material element of an offense is not prescribed by law, such element is established if a person acts purposely, knowingly or recklessly with respect thereto.

(4) Prescribed culpability requirement applies to all material elements. When the law defining an offense prescribed the kind of culpability that is sufficient for the commission of an offense, without distinguishing among the material elements thereof, such provision shall apply to all the material elements of the offense, unless a contrary purpose plainly appears.

(5) Substitutes for negligence, recklessness and knowledge. When the law provides that negligence suffices to establish an element of an offense, such element also is established if a person acts purposely, knowingly or recklessly. When recklessness suffices to establish an element, such element also is established if a person acts purposely or knowingly. When acting knowingly suffices to establish an element, such element also is established if a person acts purposely.

(6) Requirement of purpose satisfied if purpose is conditional. When a particular purpose is an element of an offense, the element is established although such purpose is conditional, unless the condition negatives the harm or evil sought to be prevented by the law defining the offense.

(7) Requirement of knowledge satisfied by knowledge of high probability. When knowledge of the existence of a particular fact is an element of an offense, such knowledge is established if a person is aware of a high probability of its existence, unless he actually believes that it does not exist.

(8) Requirement of willfulness satisfied by acting knowingly. A requirement that an offense be committed willfully is satisfied if a person acts knowingly with respect to the material elements of the offense, unless a purpose to impose further requirements appears.

(9) Culpability as to willegality of conduct. Neither knowledge nor recklessness or negligence as to whether conduct constitutes an offense or as to the existence, meaning or application of the law determining the elements of an offense is an element of such offense, unless the definition of the offense or this act so provides.

(10) Culpability as determinant of grade of offense. When the grade or degree of an offense depends on whether the offense is committed purposely, knowingly, recklessly or negligently, its grade or degree shall be the lowest for which the determinative kind of culpability is established with respect to any material element of the offense.

SECTION 16. (1) Conduct is the cause of a result when:

(a) It is an antecedent but for which the result in question would not have occurred; and

(b) The relationship between the conduct and result satisfies any additional causal requirements imposed by this act or by the law defining the offense.

(2) When purposely or knowingly causing a particular result is an element of an offense, the element is not established if the actual result is not within the purpose or the contemplation of the actor unless:

(a) The actual result differs from that designed or contemplated, as the case may be, only in the respect that a different person or different property is injured or affect or that the injury or harm designed or contemplated would have been more serious or more extensive than that caused; or

(b) The actual result involves the same kind of injury or harm as that designed or contemplated and is not too remote or accidental in its occurrence to have a just bearing on the actor's liability or on the gravity of his offense.

(3) When recklessly or negligently causing a particular result is an element of an offense, the element is not established if the actual result is not within the risk of which the actor is aware or, in the case of negligence, of which he should be aware unless:

(a) The actual result differs from the probable result only in the respect that a different person or different property is injured or affected or that the probable injury or harm would have been more serious or more extensive than that caused; or

(b) The actual result involves the same kind of injury or harm as the probable result and is not too remote or accidental in its occurrence to have a [just] bearing on the actor's liability or on the gravity of his offense.

(4) When causing a particular result is a material element of an offense for which absolute liability is imposed by law, the element is not established unless the actual result is a probable consequence of the actor's conduct.

SECTION 17. (1) Ignorance or mistake as to a matter of fact or law is a defense if:

(a) The ignorance or mistake negatives the purpose, knowledge, belief, recklessness or negligence required to establish a material element of the offense; or

(b) The law provides that the state of mind established by such ignorance or mistake constitutes a defense.

(2) Although ignorance or mistake would otherwise afford a defense to the offense charged, the defense is not available if the defendant would be guilty of another offense had the situation been as he supposed. In such case, however, the ignorance or mistake of the defendant shall reduce the grade and degree of which he would be guilty had the situation been as he supposed.

(3) A belief that conduct does not legally constitute an offense is a defense to a prosecution for that offense based upon such conduct when:

(a) The statute or other enactment defining the offense is not known to the actor and has not been published or otherwise reasonably made available prior to the conduct alleged; or

(b) He acts in reasonable reliance upon an official statement of the law, afterward determined to be invalid or erroneous, contained in (i) a statute or other enactment; (ii) a judicial decision, opinion or judgment; (iii) an administrative order or grant of permission; or (iv) an official interpretation of the public officer or body charged by law with responsibility for the interpretation, administration or enforcement of the law defining the offense.

(4) The defendant must prove a defense arising under subsection (3) of this section by a preponderance of evidence.

SECTION 18. (1) The requirements of culpability prescribed by Sections 14 and 15 of this act do not apply to:

(a) Offenses which constitute violations, unless the requirement involved is included in the definition of the offense or the court determines that its application is consistent with effective enforcement of the law defining the offense; or

(b) Offenses defined by statutes other than this act, insofar as a legislative purpose to impose absolute liability for such offenses or with respect to any material element thereof plainly appears.

(2) Notwithstanding any other provision of existing law and unless a subsequent statute otherwise provides:

(a) When absolute liability is imposed with respect to any material element of an offense defined by a statute other than this act and a conviction is based upon such liability, the offense constitutes a violation; and

(b) Although absolute liability is imposed by law with respect to one or more of the material elements of an offense defined by a statute other than this act, the culpable commission of the offense may be charged and proved, in which event negligence with respect to such elements constitutes sufficient culpability and the classification of the offense and the sentence that may be imposed therefor upon conviction are determined by Section 4 and Article 6 of this act.

SECTION 19. (1) A person is guilty of an offense if it is committed by his own conduct or by the conduct of another person for which he is legally accountable, or both.

(2) A person is legally accountable for the conduct of another person when:

(a) Acting with the kind of culpability that is sufficient for the commission of the offense, he causes an innocent or irresponsible person to engage in such conduct; or

(b) He is made accountable for the conduct of such other person by this act or by the law defining the offense; or

(3) A person is an accomplice of another person in the commission of an offense if:

(a) With the purpose of promoting or facilitating the commission of the offense, he:

(i) Solicits such other person to commit it; or

(ii) Aids or agrees or attempts to aid such other person in planning or committing it; or

(iii) Having a legal duty to prevent the commission of the offense, fails to make proper effort so to do; or

(b) His conduct is expressly declared by law to establish his complicity.

(4) When causing a particular result is an element of an offense, an accomplice in the conduct causing such result is an accomplice in the commission of that offense, if he acts with the kind of culpability, if any, with respect to that result that is sufficient for the commission of the offense.

(5) A person who is legally incapable of committing a particular offense himself may be guilty thereof if it is committed by the conduct of another person for which he is legally accountable, unless such liability is inconsistent with the purpose of the provision establishing his incapacity.

(6) Unless otherwise provided by this act or by the law defining the offense, a person is not an accomplice in an offense committed by another person if:

(a) He is a victim of that offense; or

(b) The offense is so defined that his conduct is inevitably incident to its commission; or

(i) Wholly deprives it of effectiveness in the commission of the offense; or

(ii) Gives timely warning to the law enforcement authorities or otherwise makes proper effort to prevent the commission of the offense.

(7) An accomplice may be convicted on proof of the commission of the offense and of his complicity therein, though the person claimed to have committed the offense has not been prosecuted or convicted or has been convicted of a different offense or degree of offense or has an immunity to prosecution or conviction or has been acquitted.

SECTION 20. (1) A corporation may be convicted of the commission of an offense if:

(a) The offense is a violation or the offense is defined by a statute other than this act in which a legislative purpose to impose liability on corporations plainly appears and the conduct is performed by an agent of the corporation acting in behalf of the corporation within the scope of his office or employment, except that if the law defining the offense designates the agents for whose conduct the corporation is accountable or the circumstances under which it is accountable, such provisions shall apply; or

(b) The offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations by law; or

(c) The commission of the offense was authorized, requested, commanded, performed or recklessly tolerated by the board of directors or by a high managerial agent acting in behalf of the corporation within the scope of this office or employment.

(2) When absolute liability is imposed for the commission of an offense, a legislative purpose to impose liability on a corporation shall be assumed, unless the contrary plainly appears.

(3) An unincorporated association may be convicted of the commission of an offense if:

(a) The offense is defined by a statute other than this act which expressly provides for the liability of such an association and the conduct is performed by an agent of the association acting in behalf of the association within the scope of his office or employment, except that if the law defining the offense designates the agents for whose conduct the association is accountable or the circumstances under which it is accountable, such provisions shall apply; or

(b) The offense consists of an omission to discharge a specific duty of affirmative performance imposed on associations by law.

(4) As used in this section:

(a) "Corporation" does not include an entity organized or as by a governmental agency for the execution of a governmental program;

(b) "Agent" means any director, officer, servant, employee or other person authorized to act in behalf of the corporation or association and, in the case of an unincorporated association, a member of such association;

(c) "High managerial agent" means an officer of a corporation or an unincorporated association, or, in the case of a partnership, a partner, or any other agent of a corporation or association having duties of such responsibility that his conduct may fairly be assumed to represent the policy of the corporation or association.

(5) In any prosecution of a corporation or an unincorporated association for the commission of an offense included within the terms of subsection (1)(a) or subsection (3)(a) of this section, other than an offense for which absolute liability has been imposed, it shall be a defense if the defendant proves by a preponderance of evidence that the high managerial agent having supervisory responsibility over the subject matter of the offense employed due diligence to prevent its commission. This paragraph shall not apply if it is plainly inconsistent with the legislative purpose in defining the particular offense.

(6) (a) A person is legally accountable for any conduct he performs or causes to be performed in the name of the corporation or an unincorporated association or in its behalf to the same extent as if it were performed in his own name or behalf.

(b) Whenever a duty to act is imposed by law upon a corporation or an unincorporated association, any agent of the corporation or association having primary responsibility for the discharge of the duty is legally accountable for a reckless omission to perform the required act to the same extent as if the duty were imposed by law directly upon himself.

(c) When a person is convicted of an offense by reason of his legal accountability for the conduct of a corporation or an unincorporated association, he is subject to the sentence authorized by law when a natural person is convicted of an offense of the grade and the degree involved.

SECTION 21. (1) Except as provided in subsection (4) of this section, intoxication of the actor is not a defense unless it negatives an element of the offense.

(2) When recklessness establishes an element of the offense, if the actor, due to self-induced intoxication, is unaware of a risk of which he would have been aware had he been sober, such unawareness is immaterial.

(3) Intoxication does not, in itself, constitute mental disease within the meaning of Section 38 of this act.

(4) Intoxication which (a) is not self-induced or (b) is pathological is an affirmative defense if by reason of such intoxication the actor at the time of his conduct lacks substantial capacity either to appreciate its criminality or to conform his conduct to the requirements of law.

(5) Definitions. In this section unless a different meaning plainly is required:

(a) "Intoxication" means a disturbance of mental or physical capacities resulting from the introduction of substances into the body;

(b) "Self-induced intoxication" means intoxication caused by substances which the actor knowingly introduces into his body, the tendency of which to cause intoxication he knows or ought to know, unless he introduces them pursuant to medical advice or under such circumstances as would afford a defense to a charge of crime;

(c) "Pathological intoxication" means intoxication grossly excessive in degree, given the amount of the intoxicant, to which the actor does not know he is susceptible.

SECTION 22. (1) It is an affirmative defense that the actor engaged in the conduct charged to constitute an offense because he was coerced to do so by the use of, or a threat to use, unlawful force against his person or the person of another, which a person of reasonable firmness in his situation would have been unable to resist.

(2) The defense provided by this section is unavailable if the actor recklessly placed himself in a situation in which it was probable that he would be subjected to duress. The defense is also unavailable if he was negligent in placing himself in such a situation, whenever negligence suffices to establish culpability for the offense charged.

(3) It is not a defense that a women acted on the command of her husband, unless she acted under such coercion as would establish a defense under this section. The presumption that a woman, acting in the presence of her husband, is coerced is abolished.

(4) When the conduct of the actor would otherwise be justifiable under Section 28 of this act, this section does not preclude such defense.

SECTION 23. It is an affirmative defense that the actor, in engaging in the conduct charged to constitute an offense, does no more than execute an order of his superior in the armed services which he does not know to be unlawful.

SECTION 24. (1) In general. The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense if such consent negatives an element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining the offense.

(2) Consent to bodily harm. When conduct is charged to constitute an offense because it causes or threatens bodily harm, consent to such conduct or to the infliction of such harm is a defense if:

(a) The bodily harm consented to or threatened by the conduct consented to is not serious; or

(b) The conduct and the harm are reasonably foreseeable hazards of joint participation in a lawful athletic contest or competitive sport; or

(3) Ineffective consent. Unless otherwise provided by this act or by the law defining the offense, assent does not constitute consent if:

(a) It is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense; or

(b) It is given by a person who by reason of youth, mental disease or defect or intoxication is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or

(d) It is induced by force, duress or deception of a kind sought to be prevented by the law defining the offense.

SECTION 25. The court shall dismiss a prosecution if, having regard to the nature of the conduct charged to constitute an offense and the nature of the attendant circumstances, it finds that the defendant's conduct:

(a) Was within a customary license or tolerance, neither expressly negatived by the person whose interest was infringed nor inconsistent with the purpose of the law defining the offense; or

(b) Did not actually cause or threaten the harm or evil sought to be prevented by the law defining the offense or did so only to an extent too trivial to warrant the condemnation of conviction; or

(c) Presents such other extenuations that it cannot reasonably be regarded as envisaged by the Legislature in forbidding the offense.

The court shall not dismiss a prosecution under subsection (3) of this section without filing a written statement of its reasons.

SECTION 26. (1) A public law enforcement official or a person acting in cooperation with such an official perpetrates an entrapment if for the purpose of obtaining evidence of the commission of an offense, he induces or encourages another person to engage in conduct constituting such offense by either:

(a) Making knowingly false representations designed to induce the belief that such conduct is not prohibited; or

(b) Employing methods of persuasion or inducement which create a substantial risk that such an offense will be committed by persons other than those who are ready to commit it.

(2) Except as provided in subsection (3) of this section, a person prosecuted for an offense shall be acquitted if he proves by a preponderance of evidence that his conduct occurred in response to an entrapment. The issue of entrapment shall be tried by the court in the absence of the jury.

(3) The defense afforded by this section is unavailable when causing or threatening bodily injury is an element of the offense charged and the prosecution is based on conduct causing or threatening such injury to a person other than the person perpetrating the entrapment.

ARTICLE 3

GENERAL PRINCIPLES OF JUSTIFICATION

SECTION 27. (1) In any prosecution based on conduct which is justifiable under this article, justification is an affirmative defense.

(2) The fact that conduct is justifiable under this article does not abolish or impair any remedy for such conduct which is available in any civil action.

SECTION 28. (1) Conduct which the actor believes to be necessary to avoid a harm or evil to himself or to another is justifiable, provided that:

(a) The harm or evil sought to be avoided by such conduct is greater than that sought to be prevented by the law defining the offense charged; and

(b) Neither this act nor other law defining the offense provides exceptions or defenses dealing with the specific situation involved; and

(2) When the actor was reckless or negligent in bringing about the situation requiring a choice of harms or evils or in appraising the necessity for his conduct, the justification afforded by this section is unavailable in a prosecution for any offense for which recklessness or negligence, as the case may be, suffices to establish culpability.

SECTION 29. (1) Except as provided in subsection (2) of this section, conduct is justifiable when it is required or authorized by:

(a) The law defining the duties or functions of a public officer or the assistance to be rendered to such officer in the performance of his duties; or

(b) The law governing the execution of legal process; or

(d) The law governing the armed services or the lawful conduct of war; or

(e) Any other provision of law imposing a public duty.

(2) The other sections of this article apply to:

(a) The use of force upon or toward the person of another for any of the purposes dealt with in such sections; and

(b) The use of deadly force for any purpose, unless the use of such force is otherwise expressly authorized by law or occurs in the lawful conduct of war.

(3) The justification afforded by subsection (1) of this section applies:

(a) When the actor believes his conduct to be required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; and

(b) When the actor believes his conduct to be required or authorized to assist a public officer in the performance of his duties, notwithstanding that the officer exceeded his legal authority.

SECTION 30. (1) Use of force justifiable for protection of the person. Subject to the provisions of this section and of Section 35 of this act, the use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.

(2) Limitations on justifying necessity for use of force.

(a) The use of force is not justifiable under this section:

(i) To resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful; or

(ii) To resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if:

1. The actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest; or

2. The actor has been unlawfully dispossessed of the property and is making a reentry or recaption justified by Section 32 of this act; or

3. The actor believes that such force is necessary to protect himself against death or serious bodily harm.

(b) The use of deadly force is not justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily harm, kidnapping or sexual intercourse compelled by force or threat; nor is it justifiable if:

(i) The actor, with the purpose of causing death or serious bodily harm, provoked the use of force against himself in the same encounter; or

(ii) The actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that:

1. The actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be; and

2. A public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape is not obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against whom such action is directed.

(c) Except as required by paragraphs (a) and (b) of this subsection, a person employing protective force may estimate the necessity thereof under the circumstances as he believes them to be when the force is used, without retreating surrendering possession, doing any other act which he has no legal duty to do or abstaining from any lawful action.

(3) Use of confinement as protective force. The justification afforded by this section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he safely can, unless the person confined has been arrested on a charge of crime.

SECTION 31. (1) Subject to the provisions of this section and of Section 35 of this act, the use of force upon or toward the person of another is justifiable to protect a third person when:

(a) The actor would be justified under Section 30 of this act in using such force to protect himself against the injury he believes to be threatened to the person whom he seeks to protect; and

(b) Under the circumstances as the actor believes them to be, the person whom he seeks to protect would be justified in using such protective force; and

(2) Notwithstanding subsection (1) of this section:

(a) When the actor would be obliged under Section 30 of this act to retreat, to surrender the possession of a thing or to comply with a demand before using force in self-protection, he is not obliged to do so before using force for the protection of another person, unless he knows that he can thereby secure the complete safety of such other person; and

(b) When the person whom the actor seeks to protect would be obliged under Section 30 of this act to retreat, to surrender the possession of a thing or to comply with a demand if he knew that he could obtain complete safety by so doing, the actor is obliged to try to cause him to do so before using force in his protection if the actor knows that he can obtain complete safety in that way; and

(c) Neither the actor nor the person whom he seeks to protect is obliged to retreat when in the other's dwelling or place of work to any greater extent than in his own.

SECTION 32. (1) Use of force justifiable for protection of property. Subject to the provisions of this section and Section 35 of this act, the use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary:

(a) To prevent or terminate an unlawful entry or other trespass upon land or a trespass against or the unlawful carrying away of tangible, movable property, provided that such land or movable property is, or is believed by the actor to be, in his possession or in the possession of another person for whose protection he acts; or

(b) To effect an entry or reentry upon land or to retake tangible movable property, provided that the actor believes that he or the person by whose authority he acts or a person from whom he or such other person derives title was unlawfully dispossessed of such land or movable property and is entitled to possession, and provided further, that:

(i) The force is used immediately or on fresh pursuit after such dispossession; or

(ii) The actor believes that the person against whom he uses force has no claim of right to the possession of the property and, in the case of land, the circumstances, as the actor believes them to be, are of such urgency that it would be an exceptional hardship to postpone the entry or reentry until a court order is obtained.

(2) Meaning of possession. For the purposes of subsection (1) of this section:

(a) A person who has parted with the custody of property to another who refuses to restore it to him is no longer in possession, unless the property is movable and was and still is located on land in his possession;

(b) A person who has been dispossessed of land does not regain possession thereof merely by setting foot thereon;

(c) A person who has a license to use or occupy real property is deemed to be in possession thereof except against the licensor acting under claim of right.

(3) Limitations on justifiable use of force.

(a) Request to desist. The use of force is justifiable under this section only if the actor first requests the person against whom such force is used to desist from his interference with the property, unless the actor believes that:

(i) Such request would be useless; or

(ii) It would be dangerous to himself or another person to make the request; or

(iii) Substantial harm will be done to the physical condition of the property which is sought to be protected before the request can effectively be made.

(b) Exclusion of trespasser. The use of force to prevent or terminate a trespass is not justifiable under this section if the actor knows that the exclusion of the trespasser will expose him to substantial danger of serious bodily harm.

(c) Resistance of lawful reentry or recaption. The use of force to prevent an entry or reentry upon land or the recaption of movable property is not justifiable under this section, although the actor believes that such reentry or recaption is unlawful, if:

(i) The reentry or recaption is made by or on behalf of a person who was actually dispossessed of the property; and

(ii) It is otherwise justifiable under paragraph (1)(b) of this section.

(d) Use of deadly force. The use of deadly force is not justifiable under this section unless the actor believes that:

(i) The person against whom the force is used is attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or

(ii) The person against whom the force is used is attempting to commit or consummate arson, burglary, robbery or other felonious theft or property destruction and either:

1. Has employed or threatened deadly force against or in the presence of the actor; or

2. The use of force other than deadly force to prevent the commission or the consummation of the crime would expose the actor or another in his presence to substantial danger of serious bodily harm.

(4) Use of confinement as protective force. The justification afforded by this section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he can do so with safety to the property, unless the person confined has been arrested on a charge of crime.

(5) Use of device to protect property. The justification afforded by this section extends to the use of a device for the purpose of protecting property only if:

(a) The device is not designed to cause or known to create a substantial risk of causing death or serious bodily harm; and

(b) The use of the particular device to protect the property from entry or trespass is reasonable under the circumstances, as the actor believes them to be; and

(c) The device is one customarily used for such a purpose or reasonable care is taken to make known to probable intruders the fact that it is used.

(6) Use of force to pass wrongful obstructor. The use of force to pass a person whom the actor believes to be purposely or knowingly and unjustifiably obstructing the actor from going to a place to which he may lawfully go is justifiable, provided that:

(a) The actor believes that the person against whom he uses force has no claim of right to obstruct the actor; and

(b) The actor is not being obstructed from entry or movement on land which he knows to be in the possession or custody of the person obstructing him, or in the possession or custody of another person by whose authority the obstructor acts, unless the circumstances, as the actor believes them to be, are of such urgency that it would not be reasonable to postpone the entry or movement on such land until a court order is obtained; and

(c) The force used is not greater than would be justifiable if the person obstructing the actor were using force against him to prevent his passage.

SECTION 33. (1) Use of force justifiable to effect an arrest. Subject to the provisions of this section and of Section 35 of this act, the use of force upon or toward the person of another is justifiable when the actor is making or assisting in making an arrest and the actor believes that such force is immediately necessary to effect a lawful arrest.

(2) Limitations on the use of force.

(a) The use of force is not justifiable under this section unless:

(i) The actor makes known the purpose of the arrest or believes that it is otherwise known by or cannot reasonably be made known to the person to be arrested; and

(ii) When the arrest is made under a warrant, the warrant is valid or believed by the actor to be valid.

(b) The use of deadly force is not justifiable under this section unless:

(i) The arrest is for a felony; and

(ii) The person effecting the arrest is authorized to act as a peace officer or is assisting a person whom he believes to be authorized to act as a peace officer; and

(iii) The actor believes that the force employed creates no substantial risk of injury to innocent persons; and

(iv) The actor believes that:

1. The crime for which the arrest is made involved conduct including the use or threatened use of deadly force; or

2. There is a substantial risk that the person to be arrested will cause death or serious bodily harm if his apprehension is delayed.

(3) Use of force to prevent escape from custody. The use of force to prevent the escape of an arrested person from custody is justifiable when the force could justifiably have been employed to effect the arrest under which the person is in custody, except that a guard or other person authorized to act as a peace officer is justified in using any force, including deadly force, which he believes to be immediately necessary to prevent the escape of a person from a jail, prison or other institution for the detention of persons charged with or convicted of a crime.

(4) Use of force by private person assisting an unlawful arrest.

(a) A private person who is summoned by a peace officer to assist in effecting an unlawful arrest, is justified in using any force which he would be justified in using if the arrest were lawful, provided that he does not believe the arrest is unlawful.

(b) A private person who assists another private person in effecting an unlawful arrest, or who, not being summoned, assists a peace officer in effecting an unlawful arrest, is justified in using any force which he would be justified in using if the arrest were lawful, provided that (i) he believes the arrest is lawful, and (ii) the arrest would be lawful if the facts were as he believes them to be.

(5) Use of force to prevent suicide or the commission of a crime.

(a) The use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary to prevent such other person from committing suicide, inflicting serious bodily harm upon himself, committing or consummating the commission of a crime involving or threatening bodily harm, damage to or loss of property or a breach of the peace, except that:

(i) Any limitations imposed by the other provisions of this article on the justifiable use of force in self-protection, for the protection of others, the protection of property, the effectuation of an arrest or the prevention of an escape from custody shall apply notwithstanding the criminality of the conduct against which such force is used; and

(ii) The use of deadly force is not in any event justifiable under this subsection unless:

1. The actor believes that there is a substantial risk that the person whom he seeks to prevent from committing a crime will cause death or serious bodily harm to another unless the commission or the consummation of the crime is prevented and that the use of such force presents no substantial risk of injury to innocent persons; or

2. The actor believes that the use of such force is necessary to suppress a riot or mutiny after the rioters or mutineers have been ordered to disperse and warned, in any particular manner that the law may require, that such force will be used if they do not obey.

(b) The justification afforded by this subsection extends to the use of confinement as preventive force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he safely can, unless the person confined has been arrested on a charge of crime.

SECTION 34. The use of force upon or toward the person of another is justifiable if:

(a) The actor is the parent or guardian or other person similarly responsible for the general care and supervision of a minor or a person acting at the request of such parent, guardian or other responsible person and:

(i) The force is used for the purpose of safeguarding or promoting the welfare of the minor, including the prevention or punishment of his misconduct; and

(ii) The force used is not designed to cause or known to create a substantial risk of causing death, serious bodily harm, disfigurement, extreme pain or mental distress or gross degradation; or

(b) The actor is a teacher or a person otherwise entrusted with the care or supervision for a special purpose of a minor; and

(i) The actor believes that the force used is necessary to further such special purpose, including the maintenance of reasonable discipline in a school, class or other group, and that the use of such force is consistent with the welfare of the minor; and

(ii) The degree of force, if it had been used by the parent or guardian of the minor, would not be unjustifiable under paragraph (a)(ii) of this section; or

(c) The actor is the guardian or other person similarly responsible for the general care and supervision of an incompetent person; and

(i) The force is used for the purpose of safeguarding or promoting the welfare of the incompetent person, including the prevention of his misconduct, or, when such incompetent person is in a hospital or other institution for his care and custody, for the maintenance of reasonable discipline in such institution; and

(ii) The force used is not designed to cause or known to create a substantial risk of causing death, serious bodily harm, disfigurement, extreme or unnecessary pain, mental distress, or humiliation; or

(d) The actor is a doctor or other therapist or a person assisting him at his direction; and

(i) The force is used for the purpose of administering a recognized form of treatment which the actor believes to be adapted to promoting the physical or mental health of the patient; and

(ii) The treatment is administered with the consent of the patient or, if the patient is a minor or an incompetent person, with the consent of his parent or guardian or other person legally competent to consent in his behalf, or the treatment is administered in an emergency when the actor believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent; or

(e) The actor is a warden or other authorized official of a correctional institution; and

(i) He believes that the force used is necessary for the purpose of enforcing the lawful rules or procedures of the institution, unless his belief in the lawfulness of the rule or procedure sought to be enforced is erroneous and his error is due to ignorance or mistake as to the provisions of this act, any other provision of the criminal law or the law governing the administration of the institution; and

(ii) The nature or degree of force used is not forbidden by Sections 27 through 37 of this act; and

(iii) If deadly force is used, its use is otherwise justifiable under this article; or

(f) The actor is a person responsible for the safety of a vessel or an aircraft or a person acting at his direction; and

(i) He believes that the force used is necessary to prevent interference with the operation of the vessel or aircraft or obstruction of the execution of a lawful order, unless his belief in the lawfulness of the order is erroneous and his error is due to ignorance or mistake as to the law defining his authority; and

(ii) If deadly force is used, its use is otherwise justifiable under this article; or

(g) The actor is a person who is authorized or required by law to maintain order or decorum in a vehicle, train or other carrier or in a place where others are assembled; and

(i) He believes that the force used is necessary for such purpose; and

(ii) The force used is not designed to cause or known to create a substantial risk of causing death, bodily harm or extreme mental distress.

SECTION 35. (1) The justification afforded by Sections 30 through 33 of this act, inclusive, is unavailable when:

(a) The actor's belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness of an arrest which he endeavors to effect by force is erroneous; and

(b) His error is due to ignorance or mistake as to the provisions of this act, any other provision of the criminal law or the law governing the legality of an arrest or search.

(2) When the actor believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such belief would establish a justification under Sections 29 through 34 of this act but the actor is reckless or negligent in having such belief or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of his use of force, the justification afforded by those sections is unavailable in a prosecution for an offense for which recklessness or negligence, as the case may be, suffices to establish culpability.

(3) When the actor is justified under Sections 29 through 34 of this act in using force upon or toward the person of another but he recklessly or negligently injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for such recklessness or negligence towards innocent persons.

SECTION 36. Conduct involving the appropriation, seizure or destruction of, damage to, intrusion on or interference with property is justifiable under circumstances which would establish a defense of privilege in a civil action based thereon, unless:

(a) This act or the law defining the offense deals with the specific situation involved; or

(b) A legislative purpose to exclude the justification claimed otherwise plainly appears.

SECTION 37. In this article, unless a different meaning plainly is required:

(a) "Unlawful force" means force, including confinement, which is employed without the consent of the person against whom it is directed and the employment of which constitutes an offense or actionable tort or would constitute such offense or tort except for a defense (such as the absence of intent, negligence, or mental capacity; duress; youth; or diplomatic status) not amounting to a privilege to use the force. Assent constitutes consent, within the meaning of this section, whether or not it otherwise is legally effective, except assent to the infliction of death or serious bodily harm.

(b) "Deadly force" means force which the actor uses with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily harm. Purposely firing a firearm in the direction of another person or at a vehicle in which another person is believed to be, constitutes deadly force. A threat to cause death or serious bodily harm, by the production of a weapon or otherwise, so long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute deadly force;

(c) "Dwelling" means any building or structure, though movable or temporary, or a portion thereof, which is for the time being the actor's home or place of lodging.

ARTICLE 4

RESPONSIBILITY

SECTION 38. (1) A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law.

(2) As used in this article, the terms "mental disease or defect" do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

SECTION 39. (1) Evidence that the defendant suffered from a mental disease or defect is admissible whenever it is relevant to prove that the defendant did or did not have a state of mind which is an element of the offense.

(2) Whenever the jury or the court is authorized to determine or to recommend whether or not the defendant shall be sentenced to death or imprisonment upon conviction, evidence that the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was impaired as a result of mental disease or defect is admissible in favor of sentence of imprisonment.

SECTION 40. (1) Mental disease or defect excluding responsibility is an affirmative defense.

(2) Evidence of mental disease or defect excluding responsibility is not admissible unless the defendant, at the time of entering his plea of not guilty or within ten (10) days thereafter or at such later time as the court may for good cause permit, files a written notice of his purpose to rely on such defense.

(3) When the defendant is acquitted on the ground of mental disease or defect excluding responsibility, the verdict and the judgment shall so state.

SECTION 41. No person who as a result of mental disease or defect lacks capacity to understand the proceedings against him or to assist in his own defense shall be tried, convicted or sentenced for the commission of an offense so long as such incapacity endures.

SECTION 42. (1) Whenever the defendant has filed a notice of intention to rely on the defense of mental disease or defect excluding responsibility, or there is reason to doubt his fitness to proceed, or reason to believe that mental disease or defect of the defendant will otherwise become an issue in the cause, the court shall appoint at least one (1) qualified psychiatrist or shall request the Superintendent of the Mississippi State Hospital to designate at least one (1) qualified psychiatrist, which designation may be or include himself, to examine and report upon the mental condition of the defendant. The court may order the defendant to be committed to a hospital or other suitable facility for the purpose of the examination for a period of not exceeding sixty (60) days or such longer period as the court determines to be necessary for the purpose and may direct that a qualified psychiatrist retained by the defendant be permitted to witness and participate in the examination.

(2) In such examination any method may be employed which is accepted by the medical profession for the examination of those alleged to be suffering from mental disease or defect.

(3) The report of the examination shall include the following: (a) a description of the nature of the examination; (b) a diagnosis of the mental condition of the defendant; (c) if the defendant suffers from a mental disease or defect, an opinion as to his capacity to understand the proceedings against him and to assist in his own defense; (d) when a notice of intention to rely on the defense of irresponsibility has been filed, an opinion as to the extent, if any, to which the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was impaired at the time of the criminal conduct charged; and (e) when directed by the court, an opinion as to the capacity of the defendant to have a particular state of mind which is an element of the offense charged.

If the examination cannot be conducted by reason of the unwillingness of the defendant to participate therein, the report shall so state and shall include, if possible, an opinion as to whether such unwillingness of the defendant was the result of mental disease or defect.

The report of the examination shall be filed with the clerk of the court, who shall cause copies to be delivered to the district attorney and to counsel for the defendant.

SECTION 43. (1) When the defendant's fitness to proceed is drawn in question, the issue shall be determined by the court. If neither the prosecuting attorney nor counsel for the defendant contests the finding of the report filed pursuant to Section 42 of this act, the court may make the determination on the basis of such report. If the finding is contested, the court shall hold a hearing on the issue. If the report is received in evidence upon such hearing, the party who contests the finding thereof shall have the right to summon and to cross-examine the psychiatrists who joined in the report and to offer evidence upon the issue.

(2) If the court determines that the defendant lacks fitness to proceed, the proceeding against him shall be suspended, except as provided in subsection (3) of this section and the court shall commit him to the custody of the Executive Director of the Department of Public Health to be placed in an appropriate institution of the Department of Public Health for so long as such unfitness shall endure. When the court, on its own motion or upon the application of the Executive Director of the Department of Public Health or the prosecuting attorney, determines, after a hearing if a hearing is requested, that the defendant has regained fitness to proceed, the proceeding shall be resumed. If, however, the court is of the view that so much time has elapsed since the commitment of the defendant that it would be unjust to resume the criminal proceeding, the court may dismiss the charge and may order the defendant to be discharged or, subject to the law governing the civil commitment of persons suffering from mental disease or defect, order the defendant to be committed to an appropriate institution of the Department of Public Health.

(3) The fact that the defendant is unfit to proceed does not preclude any legal objection to the prosecution which is susceptible of fair determination prior to trial and without the personal participation of the defendant.

SECTION 44. (1) If the report filed pursuant to Section 42 of this act finds that the defendant at the time of the criminal conduct charged suffered from a mental disease or defect which substantially impaired his capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of law, and the court, after a hearing if a hearing is requested by the prosecuting attorney or the defendant, is satisfied that such impairment was sufficient to exclude responsibility, the court on motion of the defendant shall enter judgment of acquittal on the ground of mental disease or defect excluding responsibility.

(2) When, notwithstanding the report filed pursuant to Section 42 of this act, the defendant wishes to be examined by a qualified psychiatrist or other expert of his own choice, such examiner shall be permitted to have reasonable access to the defendant for the purposes of such examination.

(3) Upon the trial, the psychiatrists who reported pursuant to Section 42 of this act may be called as witnesses by the prosecution, the defendant or the court. If the issue is being tried before a jury, the jury may be informed that the psychiatrists were designated by the court or by the Superintendent of the Mississippi State Hospital at the request of the court, as the case may be. If called by the court, the witness shall be subject to cross-examination by the prosecution and by the defendant. Both the prosecution and the defendant may summon any other qualified psychiatrist or other expert to testify, but no one who has not examined the defendant shall be competent to testify to an expert opinion with respect to the mental condition or responsibility of the defendant, as distinguished from the validity of the procedure followed by, or the general scientific propositions stated by, another witness.

(4) When a psychiatrist or other expert who has examined the defendant testifies concerning his mental condition, he shall be permitted to make a statement as to the nature of his examination, his diagnosis of the mental condition of the defendant at the time of the commission of the offense charged and his opinion as to the extent, if any, to which the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law or to have a particular state of mind which is an element of the offense charged was impaired as a result of mental disease or defect at that time. He shall be permitted to make any explanation reasonably serving to clarify his diagnosis and opinion and may be cross-examined as to any matter bearing on his competency or credibility or the validity of his diagnosis or opinion.

SECTION 45. (1) When a defendant is acquitted on the ground of mental disease or defect excluding responsibility, the court shall order him to be committed to the custody of the Executive Director of the Department of Public Health to be placed in an appropriate institution for custody, care and treatment.

(2) If the Executive Director of the Department of Public Health is of the view that a person committed to his custody, pursuant to subsection (1) of this section, may be discharged or released on condition without danger to himself or to others, he shall make application for the discharge or release of such person in a report to the court by which such person was committed and shall transmit a copy of such application and report to the prosecuting attorney of the county from which the defendant was committed. The court shall thereupon appoint at least two (2) qualified psychiatrists to examine such person and to report within sixty (60) days, or such longer period as the court determines to be necessary for the purpose, their opinion as to his mental condition. To facilitate such examination and the proceedings thereon, the court may cause such person to be confined in any institution located near the place where the court sits, which may hereafter be designated by the Executive Director of the Department of Public Health as suitable for the temporary detention of irresponsible persons.

(3) If the court is satisfied by the report filed pursuant to subsection (2) of this section and such testimony of the reporting psychiatrists as the court deems necessary that the committed person may be discharged or released on condition without danger to himself or others, the court shall order his discharge or his release on such conditions as the court determines to be necessary. If the court is not so satisfied, it shall promptly order a hearing to determine whether such person may safely be discharged or released. Any such hearing shall be deemed a civil proceeding and the burden shall be upon the committed person to prove that he may safely be discharged or released. According to the determination of the court upon the hearing, the committed person shall thereupon be discharged or released on such conditions as the court determines to be necessary, or shall be recommitted to the custody of the Executive Director of the Department of Public Health, subject to discharge or release only in accordance with the procedure prescribed above for a first hearing.

(4) If, within five (5) years after the conditional release of a committed person, the court shall determine, after hearing evidence, that the conditions of release have not been fulfilled and that for the safety of such person or for the safety of others his conditional release should be revoked, the court shall forthwith order him to be recommitted to the Executive Director of the Department of Public Health, subject to discharge or release only in accordance with the procedure prescribed above for a first hearing.

(5) A committed person may make application for his discharge or release to the court by which he was committed, and the procedure to be followed upon such application shall be the same as that prescribed above in the case of an application by the Executive Director of the Department of Public Health. However, no such application by a committed person need be considered until he has been confined for a period of not less than six (6) months from the date of the order of commitment, and if the determination of the court be adverse to the application, such person shall not be permitted to file a further application until one (1) year has elapsed from the date of any preceding hearing on an application for his release or discharge.

SECTION 46. A statement made by a person subjected to psychiatric examination or treatment pursuant to Sections 42, 43 or 45 of this act for the purposes of such examination or treatment shall not be admissible in evidence against him in any criminal proceeding on any issue other than that of his mental condition but it shall be admissible upon that issue, whether or not it would otherwise be deemed a privileged communication, unless such statement constitutes an admission of guilt of the crime charged.

SECTION 47. (1) A person shall not be tried for or convicted of an offense if:

(a) At the time of the conduct charged to constitute the offense he was under the jurisdiction of the youth court; or

(b) At the time of the conduct charged to constitute the offense he was sixteen (16) or seventeen (17) years of age, unless:

(i) The juvenile court has no jurisdiction over him; or

(ii) The juvenile court has entered an order waiving jurisdiction, transferring jurisdiction to circuit court and consenting to the institution of criminal proceedings against him.

(2) No court shall have jurisdiction to try or convict a person of an offense if criminal proceedings against him are barred by subsection (1) of this section. When it appears that a person charged with the commission of an offense may be of such an age that criminal proceedings may be barred under subsection (1) of this section, the court shall hold a hearing thereon, and the burden shall be on the prosecution to establish to the satisfaction of the court that the criminal proceeding is not barred upon such grounds. If the court determines that the proceeding is barred, custody of the person charged shall be surrendered to the youth court, and the case, including all papers and processes relating thereto, shall be transferred.

ARTICLE 5

INCHOATE CRIMES

SECTION 48. (1) Definition of attempt. A person is guilty of an attempt to commit a crime if, acting with the kind of culpability otherwise required for commission of the crime, he:

(a) Purposely engages in conduct which would constitute the crime if the attendant circumstances were as he believes them to be; or

(b) When causing a particular result is an element of the crime, does or omits to do anything with the purpose of causing or with the belief that it will cause such result without further conduct on his part; or

(c) Purposely does or omits to do anything which, under the circumstances as he believes them to be, is an act or omission constituting a substantial step in a course of conduct planned to culminate in his commission of the crime.

(2) Conduct which may be held substantial step under subsection (1)(c). Conduct shall not be held to constitute a substantial step under subsection (1)(c) of this section unless it is strongly corroborative of the actor's criminal purpose. Without negativing the sufficiency of other conduct, the following, if strongly corroborative of the actor's criminal purpose, shall not be held insufficient as a matter of law:

(a) Lying in wait, searching for or following the contemplated victim of the crime;

(b) Enticing or seeking to entice the contemplated victim of the crime to go to the place contemplated for its commission;

(d) Unlawful entry of a structure, vehicle or enclosure in which it is contemplated that the crime will be committed;

(e) Possession of materials to be employed in the commission of the crime, which are specially designed for such unlawful use or which can serve no lawful purpose of the actor under the circumstances;

(f) Possession, collection or fabrication of materials to be employed in the commission of the crime, at or near the place contemplated for its commission, where such possession, collection or fabrication serves no lawful purpose of the actor under the circumstances;

(g) Soliciting an innocent agent to engage in conduct constituting an element of the crime.

(3) Conduct designed to aid another in commission of a crime. A person who engages in conduct designed to aid another to commit a crime which would establish his complicity under Section 19 of this act if the crime were committed by such other person, is guilty of an attempt to commit the crime, although the crime is not committed or attempted by such other person.

(4) Renunciation of criminal purpose. When the actor's conduct would otherwise constitute an attempt under subsection (1)(b) or (1)(c) of this section, it is an affirmative defense that he abandoned his effort to commit the crime or otherwise prevented its commission, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose. The establishment of such defense does not, however, affect the liability of an accomplice who did not join in such abandonment or prevention.

Within the meaning of this article, renunciation of criminal purpose is not voluntary if it is motivated, in whole or in part, by circumstances, not present or apparent at the inception of the actor's course of conduct, which increase the probability of detection or apprehension or which make more difficult the accomplishment of the criminal purpose. Renunciation is not complete if it is motivated by a decision to postpone the criminal conduct until a more advantageous time or to transfer the criminal effort to another but similar objective or victim.

SECTION 49. (1) Definition of solicitation. A person is guilty of solicitation to commit a crime if with the purpose of promoting or facilitating its commission he commands, encourages or requests another person to engage in specific conduct which would constitute such crime or an attempt to commit such crime or which would establish his complicity in its commission or attempted commission.

(2) Uncommunicated solicitation. It is immaterial under subsection (1) of this section that the actor fails to communicate with the person he solicits to commit a crime if his conduct was designed to effect such communication.

(3) Renunciation of criminal purpose. It is an affirmative defense that the actor, after soliciting another person to commit a crime, persuaded him not to do so or otherwise prevented the commission of the crime, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.

SECTION 50. (1) Definition of conspiracy. A person is guilty of conspiracy with another person or persons to commit a crime if with the purpose of promoting or facilitating its commission he:

(a) Agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime or an attempt or solicitation to commit such crime; or

(b) Agrees to aid such other person or persons in the planning or commission of such crime or of an attempt or solicitation to commit such crime.

(2) Scope of conspiratorial relationship. If a person guilty of conspiracy, as defined by subsection (1) of this section, knows that a person with whom he conspires to commit a crime has conspired with another person or persons to commit the same crime, he is guilty of conspiring with such other person or persons, whether or not he knows their identity, to commit such crime.

(3) Conspiracy with multiple criminal objectives. If a person conspires to commit a number of crimes, he is guilty of only one (1) conspiracy so long as such multiple crimes are the object of the same agreement or continuous conspiratorial relationship.

(4) Joinder and venue in conspiracy prosecutions.

(a) Subject to the provisions of paragraph (b) of this subsection, two (2) or more persons charged with criminal conspiracy may be prosecuted jointly if:

(i) They are charged with conspiring with one another; or

(ii) The conspiracies alleged, whether they have the same or different parties, are so related that they constitute different aspects of a scheme of organized criminal conduct.

(b) In any joint prosecution under paragraph (a) of this subsection:

(i) No defendant shall be charged with a conspiracy in any county or district other than one in which he entered into such conspiracy or in which an overt act pursuant to such conspiracy was done by him or by a person with whom he conspired; and

(ii) Neither the liability of any defendant nor the admissibility against him of evidence of acts or declarations of another shall be enlarged by such joinder; and

(iii) The court shall order a severance or take a special verdict as to any defendant who so requests, if it deems it necessary or appropriate to promote the fair determination of his guilt or innocence, and shall take any other proper measures to protect the fairness of the trial.

(5) Overt Act. No person may be convicted of conspiracy to commit a crime, other than a felony of the first or second degree, unless an overt act in pursuance of such conspiracy is alleged and proved to have been done by him or by a person with whom he conspired.

(6) Renunciation of criminal purpose. It is an affirmative defense that the actor, after conspiring to commit a crime, thwarted the success of the conspiracy, under circumstances manifesting a complete and voluntary renunciation of his criminal purpose.

(7) Duration of conspiracy. For purposes of Section 6(4) of this act:

(a) Conspiracy is a continuing course of conduct which terminates when the crime or crimes which are its object are committed or the agreement that they be committed is abandoned by the defendant and by those with whom he conspired; and

(b) Such abandonment is presumed if neither the defendant nor anyone with whom he conspired does any overt act in pursuance of the conspiracy during the applicable period of limitation; and

(c) If an individual abandons the agreement, the conspiracy is terminated as to him only if and when he advises those with whom he conspired of his abandonment or he informs the law enforcement authorities of the existence of the conspiracy and of his participation therein.

SECTION 51. (1) Except as provided in subsection (2) of this section, it is immaterial to the liability of a person who solicits or conspires with another to commit a crime that:

(a) He or the person whom he solicits or with whom he conspires does not occupy a particular position or have a particular characteristic which is an element of such crime, if he believes that one of them does; or

(b) The person whom he solicits or with whom he conspires is irresponsible or has an immunity to prosecution or conviction for the commission of the crime.

(2) It is a defense to a charge of solicitation or conspiracy to commit a crime that if the criminal object were achieved, the actor would not be guilty of a crime under the law defining the offense or as an accomplice under Section 19(5) or 19(6)(a) or (b) of this act.

SECTION 52. (1) Grading. Except as otherwise provided in this section, attempt, solicitation and conspiracy are crimes of the same grade and degree as the most serious offense which is attempted or solicited or is an object of the conspiracy. An attempt, solicitation or conspiracy to commit a capital crime or a felony of the first degree is a felony of the second degree.

(2) Mitigation. If the particular conduct charged to constitute a criminal attempt, solicitation or conspiracy is so inherently unlikely to result or culminate in the commission of a crime that neither such conduct nor the actor presents a public danger warranting the grading of such offense under this section, the court shall exercise its power under Section 66 of this act to enter judgment and impose sentence for a crime of lower grade or degree or, in extreme cases, may dismiss the prosecution.

(3) Multiple convictions. A person may not be convicted of more than one (1) offense defined by this article for conduct designed to commit or to culminate in the commission of the same crime.

SECTION 53. (1) Criminal Instruments Generally. A person commits a misdemeanor if he possesses any instrument of crime with purpose to employ it criminally. "Instrument of crime" means:

(a) Anything specially made or specially adapted for criminal use; or

(b) Anything commonly used for criminal purposes and possessed by the actor under circumstances which do not have negative unlawful purpose.

(2) Presumption of criminal purpose from possession of weapon. If a person possesses a firearm or other weapon on or about his person, in a vehicle occupied by him, or otherwise readily available for use, it is presumed that he had the purpose to employ it criminally, unless:

(a) The weapon is possessed in the actor's home or place of business;

(b) The actor is licensed or otherwise authorized by law to possess such weapon; or

"Weapon" means anything readily capable of lethal use and possessed under circumstances not manifestly appropriate for lawful uses which it may have; the term includes a firearm which is not loaded or lacks a clip or other component to render it immediately operable, and components which can readily be assembled into a weapon.

(3) Presumptions as to possession of criminal instruments in automobiles. Where a weapon or other instrument of crime is found in an automobile, it shall be presumed to be in the possession of the occupant if there is but one (1). If there is more than one (1) occupant, it shall be presumed to be in the possession of all, except under the following circumstances:

(a) Where it is found upon the person of one (1) of the occupants;

(b) Where the automobile is not a stolen one and the weapon or instrument is found out of view in a glove compartment, car trunk or other enclosed customary depository, in which case it shall be presumed to be in the possession of the occupant or occupants who own or have authority to operate the automobile;

(c) In the case of a taxicab, a weapon or instrument found in the passenger's portion of the vehicle shall be presumed to be in the possession of all the passengers, if there are any, and, if not, in the possession of the driver.

SECTION 54. A person commits a misdemeanor if, except as authorized by law, he makes, repairs, sells, or otherwise deals in, uses or possesses any offensive weapon. "Offensive weapon" means any bomb, machine gun, sawed-off shotgun, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger or other implement for the infliction of serious bodily injury which serves no common lawful purpose. It is a defense under this section for the defendant to prove by a preponderance of evidence that he possessed or dealt with the weapon solely as a curio or in a dramatic performance, or that he possessed it briefly in consequence of having found it or taken it from an aggressor, or under circumstances similarly negativing any purpose or likelihood that the weapon would be used unlawfully. The presumptions provided in Section 53(3) of this act are applicable to prosecutions under this section.

ARTICLE 6

AUTHORIZED DISPOSITION OF OFFENDERS

SECTION 55. (1) Felonies defined by this act are classified, for the purpose of sentence, into three (3) degrees, as follows:

(a) Felonies of the first degree;

(b) Felonies of the second degree;

A felony is of the first or second degree when it is so designated by this act. A crime declared to be a felony, without specification of degree, is of the third degree.

(2) Notwithstanding any other provision of law, a felony defined by any statute of this state other than this act shall constitute for the purpose of sentence a felony of the third degree.

SECTION 56. (1) No person convicted of an offense shall be sentenced otherwise than in accordance with this article.

(2) The court shall sentence a person who has been convicted of murder to death or imprisonment, in accordance with Section 23.

(3) Except as provided in subsection (2) of this section and subject to the applicable provisions of this act, the court may suspend the imposition of sentence on a person who has been convicted of a crime, may order him to be committed in lieu of sentence, in accordance with Section 67 of this act, or may sentence him as follows:

(a) To pay a fine authorized by Section 56 of this act; or

(b) To be placed on probation, and, in the case of a person convicted of a felony or misdemeanor to imprisonment for a term fixed by the court not exceeding thirty (30) days to be served as a condition of probation; or

(d) To fine and probation or fine and imprisonment, but not to probation and imprisonment, except as authorized in paragraph (b) of this subsection.

(4) The court may suspend the imposition of sentence on a person who has been convicted of a violation or may sentence him to pay a fine authorized by Section 57 of this act.

(5) This article does not deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty. Such a judgment or order may be included in the sentence.

SECTION 57. A person who has been convicted of an offense may be sentenced to pay a fine not exceeding:

(a) Ten Thousand Dollars ($10,000.00), when the conviction is of a felony of the first or second degree;

(b) Five Thousand Dollars ($5,000.00), when the conviction is of a felony of the third degree;

(d) Five Hundred Dollars ($500.00), when the conviction is of a petty misdemeanor or a violation;

(e) Any higher amount equal to double the pecuniary gain derived from the offense by the offender;

(f) Any higher amount specifically authorized by statute.

SECTION 58. (1) The court may suspend the sentence of a corporation or an unincorporated association which has been convicted of an offense or may sentence it to pay a fine authorized by Section 57 of this act.

(2) (a) The prosecuting attorney is authorized to institute civil proceedings in the appropriate court of general jurisdiction to forfeit the charter of a corporation organized under the laws of this state or to revoke the certificate authorizing a foreign corporation to conduct business in this state. The court may order the charter forfeited or the certificate revoked upon finding (i) that the board of directors or a high managerial agent acting in behalf of the corporation has, in conducting the corporation's affairs, purposely engaged in a persistent course of criminal conduct and (ii) that for the prevention of future criminal conduct of the same character, the public interest requires the charter of the corporation to be forfeited and the corporation to be dissolved or the certificate to be revoked.

(b) When a corporation is convicted of a crime or a high managerial agent of a corporation, as defined in Section 20 of this act, is convicted of a crime committed in the conduct of the affairs of the corporation, the court, in sentencing the corporation or the agent, may direct the prosecuting attorney to institute proceedings authorized by paragraph (a) of this subsection.

(c) The proceedings authorized by paragraph (a) of this subsection shall be conducted in accordance with the procedures authorized by law for the involuntary dissolution of a corporation or the revocation of the certificate authorizing a foreign corporation to conduct business in this state. Such proceedings shall be deemed additional to any other proceedings authorized by law for the purpose of forfeiting the charter of a corporation or revoking the certificate of a foreign corporation.

SECTION 59. (1) Specialized correctional treatment. A young adult offender is a person convicted of a crime who, at the time of sentencing, is sixteen (16) but less than twenty-two (22) years of age. A young adult offender who is sentenced to a term of imprisonment which may exceed thirty (30) days shall be committed to the custody of the Department of Corrections, and shall receive, as far as practicable, such special and individualized correctional and rehabilitative treatment as may be appropriate to his needs.

(2) Special term. A young adult offender convicted of a felony may, in lieu of any other sentence of imprisonment authorized by this article, be sentenced to a special term of imprisonment without a minimum and with a maximum of four (4) years, regardless of the degree of the felony involved, if the court is of the opinion that such special term is adequate for his correction and rehabilitation and will not jeopardize the protection of the public.

(3) Removal of disabilities; vacation of conviction.

(a) In sentencing a young adult offender to the special term provided by this section or to any sentence other than one of imprisonment, the court may order that so long as he is not convicted of another felony, the judgment shall not constitute a conviction for the purposes of any disqualification or disability imposed by law upon conviction of a crime.

(b) When any young adult offender is unconditionally discharged from probation or parole before the expiration of the maximum term thereof, the court may enter an order vacating the judgment of conviction.

(4) Commitment for observation. If, after presentence investigation, the court desires additional information concerning a young adult offender before imposing sentence, it may order that he be committed, for a period not exceeding ninety (90) days, to the custody of the Department of Corrections for observation and study at an appropriate reception or classification center. Such division of the Department of Corrections and the Parole Board shall advise the court of their findings and recommendations on or before the expiration of such ninety-day period.

SECTION 60. A person who has been convicted of a felony may be sentenced to imprisonment, as follows:

(a) In the case of a felony of the first degree, for a term the minimum of which shall be fixed by the court at not less than one (1) year nor more than ten (10) years, and the maximum of which shall be life imprisonment;

(b) In the case of a felony of the second degree, for a term the minimum of which shall be fixed by the court at not less than one (1) year nor more than three (3) years, and the maximum of which shall be ten (10) years;

(c) In the case of a felony of the third degree, for a term the minimum of which shall be fixed by the court at not less than one (1) year nor more than two (2) years, and the maximum of which shall be five (5) years.

SECTION 61. In the cases designated in Section 70 of this act, a person who has been convicted of a felony may be sentenced to an extended term of imprisonment, as follows:

(a) In the case of a felony of the first degree, for a term the minimum of which shall be fixed by the court at not less than five (5) years nor more than ten (10) years, and the maximum of which shall be life imprisonment;

(b) In the case of a felony of the second degree, for a term the minimum of which shall be fixed by the court at not less than one (1) year nor more than five (5) years, and the maximum of which shall be fixed by the court at not less than ten (10) nor more than twenty (20) years;

(c) In the case of a felony of the third degree, for a term the minimum of which shall be fixed by the court at not less than one (1) year nor more than three (3) years, and the maximum of which shall be fixed by the court at not less than five (5) nor more than ten (10) years.

SECTION 62. A person who has been convicted of a misdemeanor or a petty misdemeanor may be sentenced to imprisonment for a definite term which shall be fixed by the court and shall not exceed one (1) year in the case of a misdemeanor or thirty (30) days in the case of a petty misdemeanor.

SECTION 63. (1) In the cases designated in Section 71 of this act, a person who has been convicted of a misdemeanor or a petty misdemeanor may be sentenced to an extended term of imprisonment, as follows:

(a) In the case of a misdemeanor, for a term the minimum of which shall be fixed by the court at not more than one (1) year and the maximum of which shall be three (3) years;

(b) In the case of a petty misdemeanor, for a term the minimum of which shall be fixed by the court at not more than six (6) months and the maximum of which shall be two (2) years.

(2) No such sentence for an extended term shall be imposed unless:

(a) The Commissioner of the Department of Corrections has certified that there is an institution in the Department of Corrections, or in a county or city which is appropriate for the detention and correctional treatment of such misdemeanants or petty misdemeanants, and that such institution is available to receive such commitments; and

(b) The Parole Board has certified that the Parole Board is able to visit such institution and to assume responsibility for the release of such prisoners on parole and for their parole supervision.

SECTION 64. (1) First release of all offenders on parole. An offender sentenced to an indefinite term of imprisonment in excess of one (1) year under Section 59, 60, 61, 63 or 73 of this act shall be released conditionally on parole at or before the expiration of the maximum of such term, in accordance with Article 28.

(2) Sentence of imprisonment includes separate parole term; length of parole term. A sentence to an indefinite term of imprisonment in excess of one (1) year under Section 59, 60, 61, 63 or 73 of this act includes as a separate portion of the sentence a term of parole or of recommitment for violation of the conditions of parole which governs the duration of parole or recommitment after the offender's first conditional release on parole. The minimum of such term is one (1) year and the maximum is five (5) years, unless the sentence was imposed under Section 59 or Section 63 of this act, in which case the maximum is two (2) years.

(3) Length of recommitment and reparole after revocation of parole. If an offender is recommitted upon revocation of his parole, the term of further imprisonment upon such recommitment and of any subsequent reparole or recommitment under the same sentence shall be fixed by the Parole Board but shall not exceed in aggregate length the unserved balance of the maximum parole term provided by subsection (2) of this section.

(4) Final unconditional release. When the maximum of his parole term has expired or he has been sooner discharged from parole under Section 31, an offender shall be deemed to have served his sentence and shall be released unconditionally.

SECTION 65. (1) When a person is sentenced to imprisonment for an indefinite term with a maximum in excess of one (1) year, the court shall commit him to the custody of the Department of Corrections for the term of his sentence and until released in accordance with law.

(2) When a person is sentenced to imprisonment for a definite term, the court shall designate the institution or agency to which he is committed for the term of his sentence and until released in accordance with law.

SECTION 66. If, when a person has been convicted of a felony, the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the view that it would be unduly harsh to sentence the offender in accordance with this act, the court may enter judgment of conviction for a lesser degree of felony or for a misdemeanor and impose sentence accordingly.

SECTION 67. (1) When a person prosecuted for a felony of the third degree, misdemeanor or petty misdemeanor is a chronic alcoholic, narcotic addict or person suffering from mental abnormality and the court is authorized by law to order the civil commitment of such person to a hospital or other institution for medical, psychiatric or other rehabilitative treatment, the court may order such commitment and dismiss the prosecution. The order of commitment may be made after conviction in which event the court may set aside the verdict or judgment of conviction and dismiss the prosecution.

(2) The court shall not make an order under subsection (1) of this section unless it is of the view that it will substantially further the rehabilitation of the defendant and will not jeopardize the protection of the public.

ARTICLE 7

AUTHORITY OF COURT IN SENTENCING

SECTION 68. (1) The court shall deal with a person who has been convicted of a crime without imposing sentence of imprisonment unless, having regard to the nature and circumstances of the crime and the history, character and condition of the defendant, it is of the opinion that his imprisonment is necessary for protection of the public because:

(a) There is undue risk that during the period of a suspended sentence or probation the defendant will commit another crime; or

(b) The defendant is in need of correctional treatment that can be provided most effectively by his commitment to an institution; or

(2) The following grounds, while not controlling the discretion of the court, shall be accorded weight in favor of withholding sentence of imprisonment:

(a) The defendant's criminal conduct neither caused nor threatened serious harm;

(b) The defendant did not contemplate that his criminal conduct would cause or threaten serious harm;

(d) There were substantial grounds tending to excuse or justify the defendant's criminal conduct, though failing to establish a defense;

(e) The victim of the defendant's criminal conduct induced or facilitated its commission;

(f) The defendant has compensated or will compensate the victim of his criminal conduct for the damage or injury that he sustained;

(g) The defendant has no history of prior delinquency or criminal activity or has led a law-abiding life for a substantial period of time before the commission of the present crime;

(h) The defendant's criminal conduct was the result of circumstances unlikely to recur;

(i) The character and attitudes of the defendant indicate that he is unlikely to commit another crime;

(j) The defendant is particularly likely to respond affirmatively to probationary treatment;

(k) The imprisonment of the defendant would entail excessive hardship to himself or his dependents.

(3) When a person who has been convicted of a crime is not sentenced to imprisonment, the court shall place him on probation if he is in need of the supervision, guidance, assistance or direction that the probation service can provide.

SECTION 69. (1) The court shall not sentence a defendant only to pay a fine, when any other disposition is authorized by law, unless having regard to the nature and circumstances of the crime and to the history and character of the defendant, it is of the opinion that the fine alone suffices for protection of the public.

(2) The court shall not sentence a defendant to pay a fine in addition to a sentence of imprisonment or probation unless:

(a) The defendant has derived a pecuniary gain from the crime; or

(b) The court is of the opinion that a fine is specially adapted to deterrence of the crime involved or to the correction of the offender.

(3) The court shall not sentence a defendant to pay a fine unless:

(a) The defendant is or will be able to pay the fine; and

(b) The fine will not prevent the defendant from making restitution or reparation to the victim of the crime.

(4) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.

SECTION 70. (1) The court may sentence a person who has been convicted of a felony to an extended term of imprisonment if it finds one or more of the grounds specified in this section. The finding of the court shall be incorporated in the record.

(2) The defendant is a persistent offender whose commitment for an extended term is necessary for protection of the public.

The court shall not make such a finding unless the defendant is over twenty-one (21) years of age and has previously been convicted of two (2) felonies or of one (1) felony and two (2) misdemeanors, committed at different times when he was over thirteen (13) years of age.

(3) The defendant is a professional criminal whose commitment for an extended term is necessary for protection of the public.

The court shall not make such a finding unless the defendant is over twenty-one (21) years of age and:

(a) The circumstances of the crime show that the defendant has knowingly devoted himself to criminal activity as a major source of livelihood; or

(b) The defendant has substantial income or resources not explained to be derived from a source other than criminal activity.

(4) The defendant is a dangerous, mentally abnormal person whose commitment for an extended term is necessary for protection of the public.

The court shall not make such a finding unless the defendant has been subjected to a psychiatric examination resulting in the conclusions that his mental condition is gravely abnormal; that his criminal conduct has been characterized by a pattern of repetitive or compulsive behavior or by persistent aggressive behavior with heedless indifference to consequences; and that such condition makes him a serious danger to others.

(5) The defendant is a multiple offender whose criminality was so extensive that a sentence of imprisonment for an extended term is warranted.

The court shall not make such a finding unless:

(a) The defendant is being sentenced for two (2) or more felonies, or is already under sentence of imprisonment for a felony, and the sentences of imprisonment involved will run concurrently under Section 73 of this act; or

(b) The defendant admits in open court the commission of one or more other felonies and asks that they be taken into account when he is sentenced; and

(c) The longest sentences of imprisonment authorized for each of the defendant's crimes, including admitted crimes taken into account, if made to run consecutively would exceed in length the minimum and maximum of the extended term imposed.

SECTION 71. (1) The court may sentence a person who has been convicted of a misdemeanor or petty misdemeanor to an extended term of imprisonment if it finds one or more of the grounds specified in this section. The finding of the court shall be incorporated in the record.

(2) The defendant is a persistent offender whose commitment for an extended term is necessary for protection of the public.

The court shall not make such a finding unless the defendant has previously been convicted of two (2) crimes, committed at different times when he was over thirteen (13) years of age.

(3) The defendant is a professional criminal whose commitment for an extended term is necessary for protection of the public.

The court shall not make such a finding unless:

(a) The circumstances of the crime show that the defendant has knowingly devoted himself to criminal activity as a major source of livelihood; or

(b) The defendant has substantial income or resources not explained to be derived from a source other than criminal activity.

(4) The defendant is a chronic alcoholic, narcotic addict, prostitute or person of abnormal mental condition who requires rehabilitative treatment for a substantial period of time.

The court shall not make such a finding unless, with respect to the particular category to which the defendant belongs, the Commissioner of the Department of Corrections has certified that there is a specialized institution or facility which is satisfactory for the rehabilitative treatment of such persons and which otherwise meets the requirements of Section 63, subsection (2) of this act.

(5) The defendant is a multiple offender whose criminality was so extensive that a sentence of imprisonment for an extended term is warranted.

The court shall not make such a finding unless:

(a) The defendant is being sentenced for a number of misdemeanors or petty misdemeanors or is already under sentence of imprisonment for crime of such grades, or admits in open court the commission of one or more such crimes and asks that they be taken into account when he is sentenced; and

(b) Maximum fixed sentences of imprisonment for each of the defendant's crimes, including admitted crimes taken into account, if made to run consecutively, would exceed in length the maximum period of the extended term imposed.

SECTION 72. (1) For purposes of Section 70 or 71 of this act, a conviction of the commission of a crime in another jurisdiction shall constitute a previous conviction. Such conviction shall be deemed to have been of a felony if sentence of death or of imprisonment in excess of one (1) year was authorized under the law of such other jurisdiction, of a misdemeanor if sentence of imprisonment in excess of thirty (30) days but not in excess of a year was authorized and of a petty misdemeanor if sentence of imprisonment for not more than thirty (30) days was authorized.

(2) An adjudication by a court of competent jurisdiction that the defendant committed a crime constitutes a conviction for purposes of Sections 70 through 72, of this act, although sentence or the execution thereof was suspended, provided that the time to appeal has expired and that the defendant was not pardoned on the ground of innocence.

(3) Prior conviction may be proved by any evidence, including fingerprint records made in connection with arrest, conviction or imprisonment, that reasonably satisfies the court that the defendant was convicted.

(4) When the defendant has asked that other crimes admitted in open court be taken into account when he is sentenced and the court has not rejected such request, the sentence shall bar the prosecution or conviction of the defendant in this state for any such admitted crime.

SECTION 73. (1) Sentences of imprisonment for more than one (1) crime. When multiple sentences of imprisonment are imposed on a defendant for more than one (1) crime, including a crime for which a previous suspended sentence or sentence of probation has been revoked, such multiple sentences shall run concurrently or consecutively as the court determines at the time of sentence, except that:

(a) A definite and an indefinite term shall run concurrently and both sentences shall be satisfied by service of the indefinite term; and

(b) The aggregate of consecutive definite terms shall not exceed one (1) year; and

(c) The aggregate of consecutive indefinite terms shall not exceed in minimum or maximum length the longest extended term authorized for the highest grade and degree of crime for which any of the sentences was imposed; and

(d) Not more than one (1) sentence for an extended term shall be imposed.

(2) Sentences of imprisonment imposed at different times.

When a defendant who has previously been sentenced to imprisonment is subsequently sentenced to another term for a crime committed prior to the former sentence, other than a crime committed while in custody:

(a) The multiple sentences imposed shall so far as possible conform to subsection (1) of this section; and

(b) Whether the court determines that the terms shall run concurrently or consecutively, the defendant shall be credited with time served in imprisonment on the prior sentence in determining the permissible aggregate length of the term or terms remaining to be served; and

(c) When a new sentence is imposed on a prisoner who is on parole, the balance of the parole term on the former sentence shall be deemed to run during the period of the new imprisonment.

(3) Sentence of imprisonment for crime committed while on parole. When a defendant is sentenced to imprisonment for a crime committed while on parole in this state, such term of imprisonment and any period of reimprisonment that the Parole Board may require the defendant to serve upon the revocation of his parole shall run concurrently, unless the court orders them to run consecutively.

(4) Multiple sentences of imprisonment in other cases.

Except as otherwise provided in this section, multiple terms of imprisonment shall run concurrently or consecutively as the court determines when the second or subsequent sentence is imposed.

(5) Calculation of concurrent and consecutive terms of imprisonment.

(a) When indefinite terms run concurrently, the shorter minimum terms merge in and are satisfied by serving the longest minimum term and the shorter maximum terms merge in and are satisfied by discharge of the longest maximum term.

(b) When indefinite terms run consecutively, the minimum terms are added to arrive at an aggregate minimum to be served equal to the sum of all minimum terms and the maximum terms are added to arrive at an aggregate maximum equal to the sum of all maximum terms.

(c) When a definite and an indefinite term run consecutively, the period of the definite term is added to both the minimum and maximum of the indefinite term and both sentences are satisfied by serving the indefinite term.

(6) Suspension of sentence or probation and imprisonment; multiple terms of suspension and probation. When a defendant is sentenced for more than one (1) offense or a defendant already under sentence is sentenced for another offense committed prior to the former sentence:

(a) The court shall not sentence to probation a defendant who is under sentence of imprisonment with more than thirty (30) days to run or impose a sentence of probation and a sentence of imprisonment, except as authorized by Section 56(3)(b) of this act; and

(b) Multiple periods of suspension or probation shall run concurrently from the date of the first such disposition; and

(c) When a sentence of imprisonment is imposed for an indefinite term, the service of such sentence shall satisfy a suspended sentence on another count or a prior suspended sentence or sentence to probation; and

(d) When a sentence of imprisonment is imposed for a definite term, the period of a suspended sentence on another count or a prior suspended sentence or sentence to probation shall run during the period of such imprisonment.

(7) Offense committed while under suspension of sentence or probation. When a defendant is convicted of an offense committed while under suspension of sentence or on probation and such suspension or probation is not revoked:

(a) If the defendant is sentenced to imprisonment for an indefinite term, the service of such sentence shall satisfy the prior suspended sentence or sentence to probation; and

(b) If the defendant is sentenced to imprisonment for a definite term, the period of the suspension or probation shall not run during the period of such imprisonment; and

(c) If sentence is suspended or the defendant is sentenced to probation, the period of such suspension or probation shall run concurrently with or consecutively to the remainder of the prior periods, as the court determines at the time of the sentence.

SECTION 74. (1) The court shall not impose sentence without first ordering a presentence investigation of the defendant and according due consideration to a written report of such investigation where:

(a) The defendant has been convicted of a felony; or

(b) The defendant is less than twenty-two (22) years of age and has been convicted of a crime; or

(2) The court may order a presentence investigation in any other case.

(3) The presentence investigation shall include an analysis of the circumstances attending the commission of the crime, the defendant's history of delinquency or criminality, physical and mental condition, family situation and background, economic status, education, occupation and personal habits and any other matters that the probation officer deems relevant or the court directs to be included.

(4) Before imposing sentence, the court may order the defendant to submit to psychiatric observation and examination for a period of not exceeding sixty (60) days or such longer period as the court determines to be necessary for the purpose. The defendant may be remanded for this purpose to any available clinic or mental hospital or the court may appoint a qualified psychiatrist to make the examination. The report of the examination shall be submitted to the court.

(5) Before imposing sentence, the court shall advise the defendant or his counsel of the factual contents and the conclusions of any presentence investigation or psychiatric examination and afford fair opportunity, if the defendant so requests, to controvert them. The sources of confidential information need not, however, be disclosed.

(6) The court shall not impose a sentence of imprisonment for an extended term unless the ground therefor has been established at a hearing after the conviction of the defendant and on written notice to him of the ground proposed. Subject to the limitation of subsection (5) of this section, the defendant shall have the right to hear and controvert the evidence against him and to offer evidence upon the issue.

(7) If the defendant is sentenced to imprisonment, a copy of the report of any presentence investigation or psychiatric examination shall be transmitted forthwith to the Department of Corrections or, when the defendant is committed to the custody of a specific institution, to such institution.

SECTION 75. (1) If, after presentence investigation, the court desires additional information concerning an offender convicted of a felony or misdemeanor before imposing sentence, it may order that he be committed, for a period of not exceeding ninety (90) days, to the custody of the Department of Corrections for observation and study at an appropriate reception or classification center. The department and the Parole Board shall advise the court of their findings and recommendations on or before the expiration of such ninety-day period. If the offender is thereafter sentenced to imprisonment, the period of such commitment for observation shall be deducted from the maximum term and from the minimum, if any, of such sentence.

(2) When a person has been sentenced to imprisonment upon conviction of a felony, whether for an ordinary or extended term, the sentence shall be deemed tentative, to the extent provided in this section, for the period of one (1) year following the date when the offender is received in custody by the Department of Corrections.

(3) If, as a result of the examination and classification by the Department of Corrections of a person under sentence of imprisonment upon conviction of a felony, the Commissioner of the Department of Corrections is satisfied that the sentence of the court may have been based upon a misapprehension as to the history, character or physical or mental condition of the offender, the commissioner, during the period when the offender's sentence is deemed tentative under subsection (2) of this section shall file in the sentencing court a petition to resentence the offender. The petition shall set forth the information as to the offender that is deemed to warrant his resentence and may include a recommendation as to the sentence to be imposed.

(4) The court may dismiss a petition filed under subsection (3) of this section without a hearing if it deems the information set forth insufficient to warrant reconsideration of the sentence. If the court is of the view that the petition warrants such reconsideration, a copy of the petition shall be served on the offender, who shall have the right to be heard on the issue and to be represented by counsel.

(5) When the court grants a petition filed under subsection (3) of this section, it shall resentence the offender and may impose any sentence that might have been imposed originally for the felony of which the defendant was convicted. The period of his imprisonment prior to resentence and any reduction for good behavior to which he is entitled shall be applied in satisfaction of the final sentence.

(6) For all purposes other than this section, a sentence of imprisonment has the same finality when it is imposed that it would have if this section were not in force.

(7) Nothing in this section shall alter the remedies provided by law for vacating or correcting an illegal sentence.

SECTION 76. (1) When a defendant who is sentenced to imprisonment has previously been detained in any state or local correctional or other institution following his arrest for the crime for which such sentence is imposed, such period of detention following his arrest shall be deducted from the maximum term, and from the minimum, if any, of such sentence. The officer having custody of the defendant shall furnish a certificate to the court at the time of sentence, showing the length of such detention of the defendant prior to sentence in any state or local correctional or other institution, and the certificate shall be annexed to the official records of the defendant's commitment.

(2) When a judgment of conviction is vacated and a new sentence is thereafter imposed upon the defendant for the same crime, the period of detention and imprisonment theretofore served shall be deducted from the maximum term, and from the minimum, if any, of the new sentence. The officer having custody of the defendant shall furnish a certificate to the court at the time of sentence, showing the period of imprisonment served under the original sentence, and the certificate shall be annexed to the official records of the defendant's new commitment.

OFFENSES INVOLVING DANGER TO THE PERSON

ARTICLE 8

CRIMINAL HOMICIDE

SECTION 77. In Articles 8, 9, 10 and 11, unless a different meaning plainly is required:

(a) "Human being" means a person who has been born and is alive;

(b) "Bodily injury" means physical pain, illness or any impairment of physical condition;

(c) "Serious bodily injury" means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ;

(d) "Deadly weapon" means any firearm, or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury.

SECTION 78. (1) A person is guilty of criminal homicide if he purposely, knowingly, recklessly or negligently causes the death of another human being.

(2) Criminal homicide is murder, manslaughter or negligent homicide.

SECTION 79. (1) Except as provided in Section 80 of this act, criminal homicide constitutes murder when:

(a) It is committed purposely or knowingly; or

(b) It is committed recklessly under circumstances manifesting extreme indifference to the value of human life. Such recklessness and indifference are presumed if the actor is engaged or is an accomplice in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, rape or deviate sexual intercourse by force or threat of force, arson, burglary, kidnapping or felonious escape.

(2) Murder is a felony of the first degree but a person convicted of murder may be sentenced to death, as provided in Section 83 of this act.

SECTION 80. (1) Criminal homicide constitutes manslaughter when:

(a) It is committed recklessly; or

(b) A homicide which would otherwise be murder is committed under the influence of extreme mental or emotional disturbance for which there is reasonable explanation or excuse. The reasonableness of such explanation or excuse shall be determined from the viewpoint of a person in the actor's situation under the circumstances as he believes them to be.

(2) Manslaughter is a felony of the second degree.

SECTION 81. (1) Criminal homicide constitutes negligent homicide when it is committed negligently.

(2) Negligent homicide is a felony of the third degree.

SECTION 82. (1) Causing suicide as criminal homicide. A person may be convicted of criminal homicide for causing another to commit suicide only if he purposely causes such suicide by force, duress or deception.

(2) Aiding or soliciting suicide as an independent offense. A person who purposely aids or solicits another to commit suicide is guilty of a felony of the second degree if his conduct causes such suicide or an attempted suicide, and otherwise of a misdemeanor.

SECTION 83. (1) Death sentence excluded. When a defendant is found guilty of murder, the court shall impose sentence for a felony of the first degree if it is satisfied that:

(a) None of the aggravating circumstances enumerated in subsection (3) of this section was established by the evidence at the trial or will be established if further proceedings are initiated under subsection (2) of this section; or

(b) Substantial mitigating circumstances, established by the evidence at the trial, call for leniency; or

(c) The defendant, with the consent of the prosecuting attorney and the approval of the court, pleaded guilty to murder as a felony of the first degree; or

(d) The defendant was under eighteen (18) years of age at the time of the commission of the crime; or

(e) The defendant's physical or mental condition calls for leniency; or

(f) Although the evidence suffices to sustain the verdict, it does not foreclose all doubt respecting the defendant's guilt.

(2) Determination by court or by court and jury. Unless the court imposes sentence under subsection (1) of this section, it shall conduct a separate proceeding to determine whether the defendant should be sentenced for a felony of the first degree or sentenced to death. The proceeding shall be conducted before the court alone if the defendant was convicted by a court sitting without a jury or upon his plea of guilty or if the prosecuting attorney and the defendant waive a jury with respect to sentence. In other cases it shall be conducted before the court sitting with the jury which determined the defendant's guilt or, if the court for good cause shown discharges that jury, with a new jury empaneled for the purpose.

In the proceeding, evidence may be presented as to any matter that the court deems relevant to sentence, including, but not limited to, the nature and circumstances of the crime, the defendant's character, background, history, mental and physical condition and any of the aggravating or mitigating circumstances enumerated in subsections (3) and (4) of this section. Any such evidence, not legally privileged, which the court deems to have probative force, may be received regardless of its admissibility under the exclusionary rules of evidence, provided that the defendant's counsel is accorded a fair opportunity to rebut such evidence. The prosecuting attorney and the defendant or his counsel shall be permitted to present argument for or against sentence of death.

The determination whether sentence of death shall be imposed shall be in the discretion of the court, except that when the proceeding is conducted before the court sitting with a jury, the court shall not impose sentence of death unless it submits to the jury the issue whether the defendant should be sentenced to death or to imprisonment and the jury returns a verdict that the sentence should be death. If the jury is unable to reach a unanimous verdict, the court shall dismiss the jury and impose sentence for a felony of the first degree.

The court, in exercising its discretion as to sentence, and the jury, in determining upon its verdict, shall take into account the aggravating and mitigating circumstances enumerated in subsections (3) and (4) and any other facts that it deems relevant, but it shall not impose or recommend sentence of death unless it finds one (1) of the aggravating circumstances enumerated in subsection (3) and further finds that there are no mitigating circumstances sufficiently substantial to call for leniency. When the issue is submitted to the jury, the court shall so instruct and also shall inform the jury of the nature of the sentence of imprisonment that may be imposed, including its implication with respect to possible release upon parole, if the jury verdict is against sentence of death.

(3) Aggravating circumstances. (a) The murder was committed by a convict under sentence of imprisonment.

(b) The defendant was previously convicted of another murder or of a felony involving the use or threat of violence to the person.

(d) The defendant knowingly created a great risk of death to many persons.

(e) The murder was committed while the defendant was engaged or was an accomplice in the commission of, or an attempt to commit, or flight after committing or attempting to commit robbery, rape or deviate sexual intercourse by force or threat of force, arson, burglary or kidnapping.

(f) The murder was committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape from lawful custody.

(g) The murder was committed for pecuniary gain.

(h) The murder was especially heinous, atrocious or cruel, manifesting exceptional depravity.

(4) Mitigating circumstances. (a) The defendant has no significant history of prior criminal activity.

(b) The murder was committed while the defendant was under the influence of extreme mental or emotional disturbance.

(d) The murder was committed under circumstances which the defendant believed to provide a moral justification or extenuation for his conduct.

(e) The defendant was an accomplice in a murder committed by another person and his participation in the homicidal act was relatively minor.

(f) The defendant acted under duress or under the domination of another person.

(g) At the time of the murder, the capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was impaired as a result of mental disease or defect or intoxication.

(h) The youth of the defendant at the time of the crime.

ARTICLE 9

ASSAULT; RECKLESS ENDANGERING; THREATS

SECTION 84. In this article, the definitions given in Section 77 of this act apply unless a different meaning plainly is required.

SECTION 85. (1) Simple assault. A person is guilty of assault if he:

(a) Attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or

(b) Negligently causes bodily injury to another with a deadly weapon; or

Simple assault is a misdemeanor unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty misdemeanor.

(2) Aggravated assault. A person is guilty of aggravated assault if he:

(a) Attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; or

(b) Attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon.

Aggravated assault under paragraph (a) is a felony of the second degree; aggravated assault under paragraph (b) is a felony of the third degree.

SECTION 86. A person commits a misdemeanor if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury. Recklessness and danger shall be presumed where a person knowingly points a firearm at or in the direction of another, whether or not the actor believed the firearm to be loaded.

SECTION 87. A person is guilty of a felony of the third degree if he threatens to commit any crime of violence with purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience.

ARTICLE 10

KIDNAPPING AND RELATED OFFENSES; COERCION

SECTION 88. In this article, the definitions given in Section 77 of this act apply unless a different meaning plainly is required.

SECTION 89. A person is guilty of kidnapping if he unlawfully removes another from his place of residence or business, or a substantial distance from the vicinity where he is found, or if he unlawfully confines another for a substantial period in a place of isolation, with any of the following purposes:

(a) To hold for ransom or reward, or as a shield or hostage; or

(b) To facilitate commission of any felony or flight thereafter; or

(d) To interfere with the performance of any governmental or political function.

Kidnapping is a felony of the first degree unless the actor voluntarily releases the victim alive and in a safe place prior to trial, in which case it is a felony of the second degree. A removal or confinement is unlawful within the meaning of this section if it is accomplished by force, threat or deception, or, in the case of a person who is under the age of fourteen (14) or incompetent, if it is accomplished without the consent of a parent, guardian or other person responsible for general supervision of his welfare.

SECTION 90. A person commits a felony of the third degree if he knowingly:

(a) Restrains another unlawfully in circumstances exposing him to risk of serious bodily injury; or

(b) Holds another in a condition of involuntary servitude.

SECTION 91. A person commits a misdemeanor if he knowingly restrains another unlawfully so as to interfere substantially with his liberty.

SECTION 92. (1) Custody of children. A person commits an offense if he knowingly or recklessly takes or entices any child under the age of eighteen (18) from the custody of its parent, guardian or other lawful custodian, when he has no privilege to do so. It is an affirmative defense that:

(a) The actor believed that his action was necessary to preserve the child from danger to its welfare; or

(b) The child, being at the time not less than fourteen (14) years old, was taken away at its own instigation without enticement and without purpose to commit a criminal offense with or against the child.

Proof that the child was below the critical age gives rise to a presumption that the actor knew the child's age or acted in reckless disregard thereof. The offense is a misdemeanor unless the actor, not being a parent or person in equivalent relation to the child, acted with knowledge that his conduct would cause serious alarm for the child's safety, or in reckless disregard of a likelihood of causing such alarm, in which case the offense is a felony of the third degree.

(2) Custody of committed persons. A person is guilty of a misdemeanor if he knowingly or recklessly takes or entices any committed person away from lawful custody when he is not privileged to do so. "Committed person" means, in addition to anyone committed under judicial warrant, any orphan, neglected or delinquent child, mentally defective or insane person, or other dependent or incompetent person entrusted to another's custody by or through a recognized social agency or otherwise by authority of law.

SECTION 93. (1) Offense defined. A person is guilty of criminal coercion if, with purpose unlawfully to restrict another's freedom of action to his detriment, he threatens to:

(a) Commit any criminal offense; or

(b) Accuse anyone of a criminal offense; or

(c) Expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute; or

(d) Take or withhold action as an official, or cause an official to take or withhold action.

It is an affirmative defense to prosecution based on paragraphs (b), (c) or (d) that the actor believed the accusation or secret to be true or the proposed official action justified and that his purpose was limited to compelling the other to behave in a way reasonably related to the circumstances which were the subject of the accusation, exposure or proposed official action, as by desisting from further misbehavior, making good a wrong done, refraining from taking any action or responsibility for which the actor believes the other disqualified.

(2) Grading. Criminal coercion is a misdemeanor unless the threat is to commit a felony or the actor's purpose is felonious, in which cases the offense is a felony of the third degree.

ARTICLE 11

SEXUAL OFFENSES

SECTION 94. In this article, unless a different meaning plainly is required:

(a) The definitions given in Section 77 of this act apply;

(b) "Sexual intercourse" includes intercourse per os or per anus, with some penetration however slight; emission is not required;

(c) "Deviate sexual intercourse" means sexual intercourse per os or per anus between human beings who are not husband and wife, and any form of sexual intercourse with an animal.

SECTION 95. (1) Rape. A male who has sexual intercourse with a female not his wife is guilty of rape if:

(a) He compels her to submit by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone; or

(b) He has substantially impaired her power to appraise or control her conduct by administering or employing, without her knowledge, drugs, intoxicants or other means for the purpose of preventing resistance; or

(d) The female is less than ten (10) years old.

Rape is a felony of the second degree unless (i) in the course thereof the actor inflicts serious bodily injury upon anyone, or (ii) the victim was not a voluntary social companion of the actor upon the occasion of the crime and had not previously permitted him sexual liberties, in which cases the offense is a felony of the first degree.

(2) Gross sexual imposition. A male who has sexual intercourse with a female not his wife commits a felony of the third degree if:

(a) He compels her to submit by any threat that would prevent resistance by a woman of ordinary resolution; or

(b) He knows that she suffers from a mental disease or defect which renders her incapable of appraising the nature of her conduct; or

(c) He knows that she is unaware that a sexual act is being committed upon her or that she submits because she mistakenly supposes that he is her husband.

SECTION 96. (1) By force or its equivalent. A person who engages in deviate sexual intercourse with another person, or who causes another to engage in deviate sexual intercourse, commits a felony of the second degree if:

(a) He compels the other person to participate by force or by threat of imminent death, serious bodily injury, extreme pain or kidnapping, to be inflicted on anyone; or

(b) He has substantially impaired the other person's power to appraise or control his conduct, by administering or employing, without the knowledge of the other person, drugs, intoxicants or other means for the purpose of preventing resistance; or

(d) The other person is less than ten (10) years old.

(2) By other imposition. A person who engages in deviate sexual intercourse with another person, or who causes another to engage in deviate sexual intercourse, commits a felony of the third degree if:

(a) He compels the other person to participate by any threat that would prevent resistance by a person of ordinary resolution; or

(b) He knows that the other person suffers from a mental disease or defect which renders him incapable of appraising the nature of his conduct; or

SECTION 97. (1) Offense defined. A male who has sexual intercourse with a female not his wife, or any person who engages in deviate sexual intercourse or causes another to engage in deviate sexual intercourse, is guilty of an offense if:

(a) The other person is less than sixteen (16) years old and the actor is at least four (4) years older than the other person; or

(b) The other person is less than twenty-one (21) years old and the actor is his guardian or otherwise responsible for general supervision of his welfare; or

(c) The other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over him; or

(d) The other person is a female who is induced to participate by a promise of marriage which the actor does not mean to perform.

(2) Grading. An offense under paragraph (a) of subsection (1) is a felony of the third degree. Otherwise an offense under this section is a misdemeanor.

SECTION 98. A person who has sexual contact with another not his spouse, or causes such other to have sexual contact with him, is guilty of sexual assault, a misdemeanor, if:

(a) He knows that the contact is offensive to the other person; or

(b) He knows that the other person suffers from a mental disease or defect which renders him or her incapable of appraising the nature of his or her conduct; or

(d) The other person is less than ten (10) years old; or

(e) He has substantially impaired the other person's power to appraise or control his or her conduct, by administering or employing without the other's knowledge, drugs, intoxicants or other means for the purpose of preventing resistance; or

(f) The other person is less than sixteen (16) years old and the actor is at least four (4) years older than the other person; or

(g) The other person is less than twenty-one (21) years old and the actor is his guardian or otherwise responsible for general supervision of his welfare; or

(h) The other person is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over him.

Sexual contact is any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire.

SECTION 99. A person commits a misdemeanor if, for the purpose of arousing or gratifying sexual desire of himself or of any person other than his spouse, he exposes his genitals under circumstances in which he knows his conduct is likely to cause affront or alarm.

SECTION 100. (1) Mistake as to age. Whenever in this article the criminality of conduct depends on a child's being below the age of ten (10), it is no defense that the actor did not know the child's age, or reasonably believed the child to be older than ten (10). When criminality depends on the child's being below a critical age other than ten (10), it is a defense for the actor to prove by a preponderance of the evidence that he reasonably believed the child to be above the critical age.

(2) Spouse relationships. Whenever in this article the definition of an offense excludes conduct with a spouse, the exclusion shall be deemed to extend to persons living as man and wife, regardless of the legal status of their relationship. The exclusion shall be inoperative to respective spouses living apart under a decree of judicial separation. Where the definition of an offense excludes conduct with a spouse or conduct by a woman, this shall not preclude conviction of a spouse or woman as accomplice in a sexual act which he or she causes another person, not within the exclusion, to perform.

(3) Sexually promiscuous complainants. It is a defense to prosecution under Section 97 of this act and paragraphs (f), (g) and (h) of Section 98 of this act for the actor to prove by a preponderance of the evidence that the alleged victim had, prior to the time of the offense charged, engaged promiscuously in sexual relations with others.

(4) Prompt complaint. No prosecution may be instituted or maintained under this article unless the alleged offense was brought to the notice of public authority within three (3) months of its occurrence or, where the alleged victim was less than sixteen (16) years old or otherwise incompetent to make complaint, within three (3) months after a parent, guardian or other competent person specially interested in the victim learns of the offense.

(5) Testimony of complainants. No person shall be convicted of any felony under this article upon the uncorroborated testimony of the alleged victim. Corroboration may be circumstantial. In any prosecution before a jury for an offense under this article, the jury shall be instructed to evaluate the testimony of a victim or complaining witness with special care in view of the emotional involvement of the witness and the difficulty of determining the truth with respect to alleged sexual activities carried out in private.

OFFENSES AGAINST PROPERTY

ARTICLE 12

ARSON, CRIMINAL MISCHIEF,

AND OTHER PROPERTY DESTRUCTION

SECTION 101. (1) Arson. A person is guilty of arson, a felony of the second degree, if he starts a fire or causes an explosion with the purpose of:

(a) Destroying a building or occupied structure of another; or

(b) Destroying or damaging any property, whether his own or another's, to collect insurance for such loss. It shall be an affirmative defense to prosecution under this paragraph that the actor's conduct did not recklessly endanger any building or occupied structure of another or place any other person in danger of death or bodily injury.

(2) Reckless burning or exploding. A person commits a felony of the third degree if he purposely starts a fire or causes an explosion, whether on his own property or another's, and thereby recklessly:

(a) Places another person in danger of death or bodily injury; or

(b) Places a building or occupied structure of another in danger of damage or destruction.

(3) Failure to control or report dangerous fire. A person who knows that a fire is endangering life or a substantial amount of property of another and fails to take reasonable measures to put out or control the fire, when he can do so without substantial risk to himself, or to give a prompt fire alarm, commits a misdemeanor if:

(a) He knows that he is under an official, contractual, or other legal duty to prevent or combat the fire; or

(b) The fire was started, albeit lawfully, by him or with his assent, or on property in his custody or control.

(4) Definitions. "Occupied structure" means any structure, vehicle or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present. Property is that of another, for the purposes of this section, if anyone other than the actor has a possessory or proprietary interest therein. If a building or structure is divided into separately occupied units, any unit not occupied by the actor is an occupied structure of another.

SECTION 102. (1) Causing catastrophe. A person who causes a catastrophe by explosion, fire, flood, avalanche, collapse of building, release of poison gas, radioactive material or other harmful or destructive force or substance, or by any other means of causing potentially widespread injury or damage, commits a felony of the second degree if he does so purposely or knowingly, or a felony of the third degree if he does so recklessly.

(2) Risking catastrophe. A person is guilty of a misdemeanor if he recklessly creates a risk of catastrophe in the employment of fire, explosives or other dangerous means listed in subsection (1).

(3) Failure to prevent catastrophe. A person who knowingly or recklessly fails to take reasonable measures to prevent or mitigate a catastrophe commits a misdemeanor if:

(a) He knows that he is under an official, contractual or other legal duty to take such measures; or

(b) He did or assented to the act causing or threatening the catastrophe.

SECTION 103. (1) Offense defined. A person is guilty of criminal mischief if he:

(a) Damages tangible property of another purposely, recklessly, or by negligence in the employment of fire, explosives, or other dangerous means listed in Section 100 of this act; or

(b) Purposely or recklessly tampers with tangible property of another so as to endanger person or property; or

(2) Grading. Criminal mischief is a felony of the third degree if the actor purposely causes pecuniary loss in excess of Five Thousand Dollars ($5,000.00), or a substantial interruption or impairment of public communication, transportation, supply of water, gas or power, or other public service. It is a misdemeanor if the actor purposely causes pecuniary loss in excess of One Hundred Dollars ($100.00), or a petty misdemeanor if he purposely or recklessly causes pecuniary loss in excess of Twenty-five Dollars ($25.00). Otherwise criminal mischief is a violation.

ARTICLE 13

BURGLARY AND OTHER CRIMINAL INTRUSION

SECTION 104. In this article, unless a different meaning plainly is required:

(a) "Occupied structure" means any structure, vehicle or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present.

(b) "Night" means the period between thirty (30) minutes past sunset and thirty (30) minutes before sunrise.

SECTION 105. (1) Burglary defined. A person is guilty of burglary if he enters a building or occupied structure, or separately secured or occupied portion thereof, with purpose to commit a crime therein, unless the premises are at the time open to the public or the actor is licensed or privileged to enter. It is an affirmative defense to prosecution for burglary that the building or structure was abandoned.

(2) Grading. Burglary is a felony of the second degree if it is perpetrated in the dwelling of another at night, or if, in the course of committing the offense, the actor:

(a) Purposely, knowingly or recklessly inflicts or attempts to inflict bodily injury on anyone; or

(b) Is armed with explosives or a deadly weapon.

Otherwise, burglary is a felony of the third degree. An act shall be deemed "in the course of committing" an offense if it occurs in an attempt to commit the offense or in flight after the attempt or commission.

(3) Multiple convictions. A person may not be convicted both for burglary and for the offense which it was his purpose to commit after the burglarious entry or for an attempt to commit that offense, unless the additional offense constitutes a felony of the first or second degree.

SECTION 106. (1) Buildings and occupied structures. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or surreptitiously remains in any building or occupied structure, or separately secured or occupied portion thereof. An offense under this subsection is a misdemeanor if it is committed in a dwelling at night; otherwise it is a petty misdemeanor.

(2) Defiant trespasser. A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:

(a) Actual communication to the actor; or

(b) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or

An offense under this subsection constitutes a petty misdemeanor if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person; otherwise it is a violation.

(3) Defenses. It is an affirmative defense to prosecution under this section that:

(a) A building or occupied structure involved in an offense under subsection (1) was abandoned; or

(b) The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or

(c) The actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain.

ARTICLE 14

ROBBERY

SECTION 107. (1) Robbery defined. A person is guilty of robbery if, in the course of committing a theft, he:

(a) Inflicts serious bodily injury upon another; or

(b) Threatens another with or purposely puts him in fear of immediate serious bodily injury; or

An act shall be deemed "in the course of committing a theft" if it occurs in an attempt to commit theft or in flight after the attempt or commission.

(2) Grading. Robbery is a felony of the second degree, except that it is a felony of the first degree if in the course of committing the theft the actor attempts to kill anyone, or purposely inflicts or attempts to inflict serious bodily injury.

ARTICLE 15

THEFT AND RELATED OFFENSES

SECTION 108. In this article, unless a different meaning plainly is required:

(a) "Deprive" means: (i) to withhold property of another permanently or for so extended a period as to appropriate a major portion of its economic value, or with intent to restore only upon payment of reward or other compensation; or (ii) to dispose of the property so as to make it unlikely that the owner will recover it.

(b) "Financial institution" means a bank, insurance company, credit union, building and loan association, investment trust or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.

(c) "Government" means the United States, any state, county, municipality, or other political unit, or any department, agency or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of government.

(d) "Movable property" means property in which the location can be changed, including things growing on, affixed to, or found in land, and documents although the rights represented thereby have no physical location. "Immovable property" is all other property.

(e) "Obtain" means: (i) in relation to property, to bring about a transfer or purported transfer of a legal interest in the property, whether to the obtainer or another; or (ii) in relation to labor or service, to secure performance thereof.

(f) "Property" means anything of value, including real estate, tangible and intangible personal property, contract rights, choses-in-action and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power.

(g) "Property of another" includes property in which any person other than the actor has an interest which the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of the actor shall not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement.

SECTION 109. (1) Consolidation of theft offenses. Conduct denominated theft in this article constitutes a single offense. An accusation of theft may be supported by evidence that it was committed in any manner that would be theft under this article, notwithstanding the specification of a different manner in the indictment or information, subject only to the power of the court to ensure fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

(2) Grading of theft offenses.

(a) Theft constitutes a felony of the third degree if the amount involved exceeds Five Hundred Dollars ($500.00), or if the property stolen is a firearm, automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle, or in the case of theft by receiving stolen property, if the receiver is in the business of buying or selling stolen property.

(b) Theft not within the preceding paragraph constitutes a misdemeanor, except that if the property was not taken from the person or by threat, or in breach of a fiduciary obligation, and the actor proves by a preponderance of the evidence that the amount involved was less than Fifty Dollars ($50.00), the offense constitutes a petty misdemeanor.

(c) The amount involved in a theft shall be deemed to be the highest value, by any reasonable standard, of the property or services which the actor stole or attempted to steal. Amounts involved in thefts committed pursuant to one (1) scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.

(3) Claim of right. It is an affirmative defense to prosecution for theft that the actor:

(a) Was unaware that the property or service was that of another; or

(b) Acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did; or

(c) Took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.

(4) Theft from spouse. It is no defense that theft was from the actor's spouse, except that misappropriation of household and personal effects, or other property normally accessible to both spouses, is theft only if it occurs after the parties have ceased living together.

SECTION 110. (1) Movable property. A person is guilty of theft if he unlawfully takes, or exercises unlawful control over, movable property of another with purpose to deprive him thereof.

(2) Immovable property. A person is guilty of theft if he unlawfully transfers immovable property of another or any interest therein with purpose to benefit himself or another not entitled thereto.

SECTION 111. A person is guilty of theft if he purposely obtains property of another by deception. A person deceives if he purposely:

(a) Creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind; but deception as to a person's intention to perform a promise shall not be inferred from the fact alone that he did not subsequently perform the promise; or

(b) Prevents another from acquiring information which would affect his judgment of a transaction; or

(c) Fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship; or

(d) Fails to disclose a known lien, adverse claim or other legal impediment to the enjoyment of property which he transfers or encumbers in consideration for the property obtained, whether such impediment is or is not valid, or is or is not a matter of official record.

The term "deceive" does not, however, include falsity as to matters having no pecuniary significance, or puffing by statements unlikely to deceive ordinary persons in the group addressed.

SECTION 112. A person is guilty of theft if he purposely obtains property of another by threatening to:

(a) Inflict bodily injury on anyone or commit any other criminal offense; or

(b) Accuse anyone of a criminal offense; or

(c) Expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute; or

(d) Take or withhold action as an official, or cause an official to take or withhold action; or

(e) Bring about or continue a strike, boycott or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or

(f) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or

(g) Inflict any other harm which would not benefit the actor.

It is an affirmative defense to prosecution based on paragraphs (b), (c) or (d) that the property obtained by threat of accusation, exposure, lawsuit or other invocation of official action was honestly claimed as restitution or indemnification for harm done in the circumstances to which such accusation, exposure, lawsuit or other official action relates, or as compensation for property or lawful services.

SECTION 113. A person who comes into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient is guilty of theft if, with purpose to deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to have it.

SECTION 114. (1) Receiving. A person is guilty of theft if he purposely receives, retains, or disposes of movable property of another knowing that it has been stolen, or believing that it has probably been stolen, unless the property is received, retained or disposed with purpose to restore it to the owner. "Receiving" means acquiring possession, control or title, or lending on the security of the property.

(2) Presumption of knowledge. The requisite knowledge or belief is presumed in the case of a dealer who:

(a) Is found in possession or control of property stolen from two (2) or more persons on separate occasions; or

(b) Has received stolen property in another transaction within the year preceding the transaction charged; or

(c) Being a dealer in property of the sort received, acquires it for a consideration which he knows is far below its reasonable value.

"Dealer" means a person in the business of buying or selling goods including a pawnbroker.

SECTION 115. (1) A person is guilty of theft if he purposely obtains services which he knows are available only for compensation, by deception or threat, or by false token or other means to avoid payment for the service. "Services" includes labor, professional service, transportation, telephone or other public service, accommodation in hotels, restaurants or elsewhere, admission to exhibitions, use of vehicles or other movable property. Where compensation for service is ordinarily paid immediately upon the rendering of such service, as in the case of hotels and restaurants, refusal to pay or absconding without payment or offer to pay gives rise to a presumption that the service was obtained by deception as to intention to pay.

(2) A person commits theft if, having control over the disposition of services of others, to which he is not entitled, he knowingly diverts such services to his own benefit or to the benefit of another not entitled thereto.

SECTION 116. A person who purposely obtains property upon agreement, or subject to a known legal obligation, to make specified payment or other disposition, whether from such property or its proceeds or from his own property to be reserved in equivalent amount, is guilty of theft if he deals with the property obtained as his own and fails to make the required payment or disposition. The foregoing applies notwithstanding that it may be impossible to identify particular property as belonging to the victim at the time of the actor's failure to make the required payment or disposition. An officer or employee of the government or of a financial institution is presumed: (a) to know any legal obligation relevant to his criminal liability under this section, and (b) to have dealt with the property as his own if he fails to pay or account upon lawful demand, or if an audit reveals a shortage or falsification of accounts.

SECTION 117. A person commits a misdemeanor if he operates another's automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle without consent of the owner. It is an affirmative defense to prosecution under this section that the actor reasonably believed that the owner would have consented to the operation had he known of it.

ARTICLE 16

FORGERY AND FRAUDULENT PRACTICES

SECTION 118. In this article, the definitions given in Section 108 of this act apply unless a different meaning plainly is required.

SECTION 119. (1) Definition. A person is guilty of forgery if, with purpose to defraud or injure anyone, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, the actor:

(a) Alters any writing of another without his authority; or

(b) Makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize that act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or

"Writing" includes printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks and other symbols of value, right, privilege or identification.

(2) Grading. Forgery is a felony of the second degree if the writing is or purports to be part of an issue of money, securities, postage or revenue stamps, or other instruments issued by the government, or part of an issue of stock, bonds or other instruments representing interests in or claims against any property or enterprise. Forgery is a felony of the third degree if the writing is or purports to be a will, deed, contract, release, commercial instrument, or other document evidencing, creating, transferring, altering, terminating or otherwise affecting legal relations. Otherwise forgery is a misdemeanor.

SECTION 120. A person commits a misdemeanor if, with purpose to defraud anyone or with knowledge that he is facilitating a fraud to be perpetrated by anyone, he makes, alters or utters any object so that it appears to have value because of antiquity, rarity, source or authorship which it does not possess.

SECTION 121. A person commits a felony of the third degree if, with purpose to deceive or injure anyone, he destroys, removes or conceals any will, deed, mortgage, security instrument or other writing for which the law provides public recording.

SECTION 122. A person commits a misdemeanor if, knowing that he has no privilege to do so, he falsifies, destroys, removes or conceals any writing or record, with purpose to deceive or injure anyone or to conceal any wrongdoing.

SECTION 123. A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, commits a misdemeanor. For the purposes of this section as well as in any prosecution for theft committed by means of a bad check, an issuer is presumed to know that the check or order (other than a postdated check or order) would not be paid, if:

(a) The issuer had no account with the drawee at the time the check or order was issued; or

(b) Payment was refused by the drawee for lack of funds, upon presentation within thirty (30) days after issue, and the issuer failed to make good within ten (10) days after receiving notice of that refusal.

SECTION 124. A person commits an offense if he uses a credit card for the purpose of obtaining property or services with knowledge that:

(a) The card is stolen or forged; or

(b) The card has been revoked or cancelled; or

It is an affirmative defense to prosecution under paragraph (c) if the actor proves by a preponderance of the evidence that he had the purpose and ability to meet all obligations to the issuer arising out of his use of the card. "Credit card" means a writing or other evidence of an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer. An offense under this section is a felony of the third degree if the value of the property or services secured or sought to be secured by means of the credit card exceeds Five Hundred Dollars ($500.00); otherwise it is a misdemeanor.

SECTION 125. A person commits a misdemeanor if in the course of business he:

(a) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or

(b) Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service; or

(c) Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or

(d) Sells, offers or exposes for sale adulterated or mislabeled commodities. "Adulterated" means varying from the standard of composition or quality prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage. "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage; or

(e) Makes a false or misleading statement in any advertisement addressed to the public or to a substantial segment thereof for the purpose of promoting the purchase or sale of property or services; or

(f) Makes a false or misleading written statement for the purpose of obtaining property or credit; or

(g) Makes a false or misleading written statement for the purpose of promoting the sale of securities, or omits information required by law to be disclosed in written documents relating to securities.

It is an affirmative defense to prosecution under this section if the defendant proves by a preponderance of the evidence that his conduct was not knowingly or recklessly deceptive.

SECTION 126. (1) A person commits a misdemeanor if he solicits, accepts or agrees to accept any benefit as consideration for knowingly violating or agreeing to violate a duty of fidelity to which he is subject as:

(a) Partner, agent or employee of another;

(b) Trustee, guardian, or other fiduciary;

(d) Officer, director, manager or other participant in the direction of the affairs of an incorporated or unincorporated association; or

(e) Arbitrator or other purportedly disinterested adjudicator or referee.

(2) A person who holds himself out to the public as being engaged in the business of making disinterested selection, appraisal, or criticism of commodities or services commits a misdemeanor if he solicits, accepts or agrees to accept any benefit to influence his selection, appraisal or criticism.

(3) A person commits a misdemeanor if he confers, or offers or agrees to confer, any benefit the acceptance of which would be criminal under this section.

SECTION 127. (1) A person commits a misdemeanor if, with purpose to prevent a publicly exhibited contest from being conducted in accordance with the rules and usages purporting to govern it, he:

(a) Confers or offers or agrees to confer any benefit upon, or threatens any injury to a participant, official or other person associated with the contest or exhibition; or

(b) Tampers with any person, animal or thing.

(2) Soliciting or accepting benefit for rigging. A person commits a misdemeanor if he knowingly solicits, accepts or agrees to accept any benefit the giving of which would be criminal under subsection (1) of this section.

(3) Participation in rigged contest. A person commits a misdemeanor if he knowingly engages in, sponsors, produces, judges, or otherwise participates in a publicly exhibited contest knowing that the contest is not being conducted in compliance with the rules and usages purporting to govern it, by reason of conduct which would be criminal under this section.

SECTION 128. A person commits a misdemeanor if he destroys, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest with purpose to hinder enforcement of that interest.

SECTION 129. A person commits a misdemeanor if, knowing that proceedings have been or are about to be instituted for the appointment of a receiver or other person entitled to administer property for the benefit of creditors, or that any other composition or liquidation for the benefit of creditors has been or is about to be made, he:

(a) Destroys, removes, conceals, encumbers, transfers or otherwise deals with any property with purpose to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of creditors; or

(b) Knowingly falsifies any writing or record relating to the property; or

(c) Knowingly misrepresents or refuses to disclose to a receiver or other person entitled to administer property for the benefit of creditors, the existence, amount or location of the property, or any other information which the actor could be legally required to furnish in relation to such administration.

SECTION 130. An officer, manager or other person directing or participating in the direction of a financial institution commits a misdemeanor if he receives or permits the receipt of a deposit, premium payment or other investment in the institution knowing that:

(a) Due to financial difficulties the institution is about to suspend operations or go into receivership or reorganization; and

(b) The person making the deposit or other payment is unaware of the precarious situation of the institution.

SECTION 131. A person commits an offense if he applies or disposes of property that has been entrusted to him as a fiduciary, or property of the government or of a financial institution, in a manner which he knows is unlawful and involves substantial risk of loss or detriment to the owner of the property or to a person for whose benefit the property was entrusted. The offense is a misdemeanor if the amount involved exceeds Fifty Dollars ($50.00); otherwise it is a petty misdemeanor. "Fiduciary" includes trustee, guardian, executor, administrator, receiver and any person carrying on fiduciary functions on behalf of a corporation or other organization which is a fiduciary.

SECTION 132. A person commits a misdemeanor if by deception he causes another to execute any instrument affecting or purporting to affect or likely to affect the pecuniary interest of any person.

ARTICLE 17

OFFENSES AGAINST THE FAMILY

SECTION 133. (1) Bigamy. A married person is guilty of bigamy, a misdemeanor, if he contracts or purports to contract another marriage, unless at the time of the subsequent marriage:

(a) The actor believes that the prior spouse is dead; or

(b) The actor and the prior spouse have been living apart for five (5) consecutive years throughout which the prior spouse was not known by the actor to be alive; or

(c) A court has entered a judgment purporting to terminate or annul any prior disqualifying marriage, and the actor does not know that judgment to be invalid; or

(d) The actor reasonably believes that he is legally eligible to remarry.

(2) Polygamy. A person is guilty of polygamy, a felony of the third degree, if he marries or cohabits with more than one (1) spouse at a time in purported exercise of the right of plural marriage. The offense is a continuing one until all cohabitation and claim of marriage with more than one (1) spouse terminates. This section does not apply to parties to a polygamous marriage, lawful in the country of which they are residents or nationals, while they are in transit through or temporarily visiting this state.

(3) Other party to bigamous or polygamous marriage. A person is guilty of bigamy or polygamy, as the case may be, if he contracts or purports to contract marriage with another knowing that the other is thereby committing bigamy or polygamy.

SECTION 134. A person is guilty of incest, a felony of the third degree, if he knowingly marries or cohabits or has sexual intercourse with an ancestor or descendant, a brother or sister of the whole or half blood or an uncle, aunt, nephew or niece of the whole blood. "Cohabit" means to live together under the representation or appearance of being married. The relationships referred to herein include blood relationships without regard to legitimacy, and relationship of parent and child by adoption.

SECTION 135. (1) Unjustified abortion. A person who purposely and unjustifiably terminates the pregnancy of another otherwise than by a live birth commits a felony of the third degree or, where the pregnancy has continued beyond the twenty-sixth week, a felony of the second degree.

(2) Justifiable abortion. A licensed physician is justified in terminating a pregnancy if he believes there is substantial risk that continuance of the pregnancy would gravely impair the physical or mental health of the mother or that the child would be born with grave physical or mental defect, or that the pregnancy resulted from rape, incest, or other felonious intercourse. An illicit intercourse with a girl below the age of sixteen (16) years shall be deemed felonious for purposes of this subsection. Justifiable abortions shall be performed only in a licensed hospital except in case of emergency when hospital facilities are unavailable.

(3) Physicians' certificates; presumption from noncompliance. No abortion shall be performed unless two (2) physicians, one (1) of whom may be the person performing the abortion, shall have certified in writing the circumstances which they believe to justify the abortion. Such certificate shall be submitted before the abortion to the hospital where it is to be performed and, in the case of abortion following felonious intercourse, to the prosecuting attorney or the police. Failure to comply with any of the requirements of this subsection gives rise to a presumption that the abortion was unjustified.

(4) Self-abortion. A woman whose pregnancy has continued beyond the twenty-sixth week commits a felony of the third degree if she purposely terminates her own pregnancy otherwise than by a live birth, or if she uses instruments, drugs or violence upon herself for that purpose. Except as justified under subsection (2) of this section, a person who induces or knowingly aids a woman to use instruments, drugs or violence upon herself for the purpose of terminating her pregnancy otherwise than by a live birth commits a felony of the third degree whether or not the pregnancy has continued beyond the twenty-sixth week.

(5) Pretended abortion. A person commits a felony of the third degree if, representing that it is his purpose to perform an abortion, he does an act adapted to cause abortion in a pregnant woman although the woman is in fact not pregnant, or the actor does not believe she is. A person charged with unjustified abortion under subsection (1) of this section or an attempt to commit that offense may be convicted thereof upon proof of conduct prohibited by this subsection.

(6) Distribution of abortifacients. A person who sells, offers to sell, possesses with intent to sell, advertises, or displays for sale anything specially designed to terminate a pregnancy, or held out by the actor as useful for that purpose, commits a misdemeanor, unless:

(a) The sale, offer or display is to a physician or druggist or to an intermediary in a chain of distribution to physicians or druggists; or

(b) The sale is made upon prescription or order of a physician; or

(d) The advertising is addressed to persons named in paragraph (a) of subsection (6) and confined to trade or professional channels not likely to reach the general public.

(7) Section inapplicable to prevention of pregnancy. Nothing in this section shall be deemed applicable to the prescription, administration or distribution of drugs or other substances for avoiding pregnancy, whether by preventing implantation of a fertilized ovum or by any other method that operated before, at or immediately after fertilization.

SECTION 136. A parent, guardian, or other person supervising the welfare of a child under eighteen (18) years of age commits a misdemeanor if he knowingly endangers the child's welfare by violating a duty of care, protection or support.

SECTION 137. Persistent nonsupport. A person commits a misdemeanor if he persistently fails to provide support which he can provide and which he knows he is legally obliged to provide to a spouse, child or other dependent.

OFFENSES AGAINST PUBLIC ADMINISTRATION

ARTICLE 18

BRIBERY AND CORRUPT INFLUENCE

SECTION 138. Definitions in Articles 18, 19, 20 and 21, of this act, unless a different meaning plainly is required:

(a) "Benefit" means gain or advantage, or anything regarded by the beneficiary as gain or advantage, including benefit to any other person or entity in whose welfare he is interested, but not an advantage promised generally to a group or class of voters as a consequence of public measures which a candidate engages to support or oppose;

(b) "Government" includes any branch, subdivision or agency of the government of the state or any locality within it;

(c) "Harm" means loss, disadvantage or injury, or anything so regarded by the person affected, including loss, disadvantage or injury to any other person or entity in whose welfare he is interested;

(d) "Official proceeding" means a proceeding heard or which may be heard before any legislative, judicial, administrative or other governmental agency or official authorized to take evidence under oath, including any referee, hearing examiner, commissioner, notary or other person taking testimony or deposition in connection with any such proceeding;

(e) "Party official" means a person who holds an elective or appointive post in a political party in the United States by virtue of which he directs or conducts, or participates in directing or conducting party affairs at any level of responsibility;

(f) "Pecuniary benefit" is benefit in the form of money, property, commercial interests or anything else the primary significance of which is economic gain;

(g) "Public servant" means any officer or employee of government, including legislators and judges, and any person participating as juror, advisor, consultant or otherwise, in performing a governmental function; but the term does not include witnesses;

(h) "Administrative proceeding" means any proceeding, other than a judicial proceeding, the outcome of which is required to be based on a record or documentation prescribed by law, or in which law or regulation is particularized in application to individuals.

SECTION 139. A person is guilty of bribery, a felony of the third degree, if he offers, confers or agrees to confer upon another, or solicits, accepts or agrees to accept from another:

(a) Any pecuniary benefit as consideration for the recipient's decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party official or voter; or

(b) Any benefit as consideration for the recipient's decision, vote, recommendation or other exercise of official discretion in a judicial or administrative proceeding; or

It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way whether because he had not yet assumed office, or lacked jurisdiction, or for any other reason.

SECTION 140. (1) Offenses defined. A person commits an offense if he:

(a) Threatens unlawful harm to any person with purpose to influence his decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party official or voter; or

(b) Threatens harm to any public servant with purpose to influence his decision, opinion, recommendation, vote or other exercise of discretion in a judicial or administrative proceeding; or

(c) Threatens harm to any public servant or party official with purpose to influence him to violate his known legal duty; or

(d) Privately addresses to any public servant who has or will have an official discretion in a judicial or administrative proceeding any representation, entreaty, argument or other communication with purpose to influence the outcome on the basis of considerations other than those authorized by law.

It is no defense to prosecution under this section that a person whom the actor sought to influence was not qualified to act in the desired way, whether because he had not yet assumed office, or lacked jurisdiction, or for any other reason.

(2) Grading. An offense under this section is a misdemeanor unless the actor threatened to commit a crime or made a threat with purpose to influence a judicial or administrative proceeding, in which cases the offense is a felony of the third degree.

SECTION 141. A person commits a misdemeanor if he solicits, accepts or agrees to accept any pecuniary benefit as compensation for having, as public servant, given a decision, opinion, recommendation or vote favorable to another, or for having otherwise exercised a discretion in his favor, or for having violated his duty. A person commits a misdemeanor if he offers, confers or agrees to confer compensation acceptance of which is prohibited by this section.

SECTION 142. A person commits a misdemeanor if he harms another by any unlawful act in retaliation for anything lawfully done by the latter in the capacity of public servant.

SECTION 143. (1) Regulatory and law enforcement officials. No public servant in any department or agency exercising regulatory functions, or conducting inspections or investigations, or carrying on civil or criminal litigation on behalf of the government, or having custody of prisoners, shall solicit, accept or agree to accept any pecuniary benefit from a person known to be subject to such regulation, inspection, investigation or custody, or against whom such litigation is known to be pending or contemplated.

(2) Officials concerned with government contracts and pecuniary transactions. No public servant having any discretionary function to perform in connection with contracts, purchases, payments, claims or other pecuniary transactions of the government shall solicit, accept or agree to accept any pecuniary benefit from any person known to be interested in or likely to become interested in any such contract, purchase, payment, claim or transaction.

(3) Judicial and administrative officials. No public servant having judicial or administrative authority and no public servant employed by or in a court or other tribunal having such authority, or participating in the enforcement of its decisions, shall solicit, accept or agree to accept any pecuniary benefit from a person known to be interested in or likely to become interested in any matter before such public servant or a tribunal with which he is associated.

(4) Legislative officials. No legislator or public servant employed by the Legislature or by any committee or agency thereof shall solicit, accept or agree to accept any pecuniary benefit from any person known to be interested in a bill, transaction or proceeding, pending or contemplated, before the Legislature or any committee or agency thereof.

(5) Exceptions. This section shall not apply to:

(a) Fees prescribed by law to be received by a public servant, or any other benefit for which the recipient gives legitimate consideration or to which he is otherwise legally entitled; or

(b) Gifts or other benefits conferred on account of kinship or other personal, professional or business relationship independent of the official status of the receiver; or

(c) Trivial benefits incidental to personal, professional or business contacts and involving no substantial risk of undermining official impartiality.

(6) Offering benefits prohibited. No person shall knowingly confer, or offer or agree to confer, any benefit prohibited by the foregoing subsections.

(7) Grade of offense. An offense under this section is a misdemeanor.

SECTION 144. (1) Receiving compensation. A public servant commits a misdemeanor if he solicits, accepts or agrees to accept compensation for advice or other assistance in preparing or promoting a bill, contract, claim, or other transaction or proposal as to which he knows that he has or is likely to have an official discretion to exercise.

(2) Paying compensation. A person commits a misdemeanor if he pays or offers or agrees to pay compensation to a public servant with knowledge that acceptance by the public servant is unlawful.

SECTION 145. (1) Selling political endorsement. A person commits a misdemeanor if he solicits, receives, agrees to receive, or agrees that any political party or other person shall receive, any pecuniary benefit as consideration for approval or disapproval of an appointment or advancement in public service, or for approval or disapproval of any person or transaction for any benefit conferred by an official or agency of government. "Approval" includes recommendation, failure to disapprove, or any other manifestation of favor or acquiescence. "Disapproval" includes failure to approve, or any other manifestation of disfavor or nonacquiescence.

(2) Other trading in special influence. A person commits a misdemeanor if he solicits, receives or agrees to receive any pecuniary benefit as consideration for exerting special influence upon a public servant or procuring another to do so. "Special influence" means power to influence through kinship, friendship or other relationship, apart from the merits of the transaction.

(3) Paying for endorsement or special influence. A person commits a misdemeanor if he offers, confers or agrees to confer any pecuniary benefit receipt of which is prohibited by this section.

ARTICLE 19

PERJURY AND OTHER FALSIFICATION

IN OFFICIAL MATTERS

SECTION 146. In this article, unless a different meaning plainly is required:

(a) The definitions given in Section 138 of this act apply; and

(b) "Statement" means any representation, but includes a representation of opinion, belief or other state of mind only if the representation clearly relates to state of mind apart from or in addition to any facts which are the subject of the representation.

SECTION 147. (1) Offense defined. A person is guilty of perjury, a felony of the third degree, if in any official proceeding he makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of a statement previously made, when the statement is material and he does not believe it to be true.

(2) Materiality. Falsification is material, regardless of the admissibility of the statement under rules of evidence, if it could have affected the course or outcome of the proceeding. It is no defense that the declarant mistakenly believed the falsification to be immaterial. Whether a falsification is material in a given factual situation is a question of law.

(3) Irregularities no defense. It is not a defense to prosecution under this section that the oath or affirmation was administered or taken in an irregular manner or that the declarant was not competent to make the statement. A document purporting to be made upon oath or affirmation at any time when the actor presents it as being so verified shall be deemed to have been duly sworn or affirmed.

(4) Retraction. No person shall be guilty of an offense under this section if he retracted the falsification in the course of the proceeding in which it was made before it became manifest that the falsification was or would be exposed and before the falsification substantially affected the proceeding.

(5) Inconsistent statements. Where the defendant made inconsistent statements under oath or equivalent affirmation, both having been made within the period of the statute of limitations, the prosecution may proceed by setting forth the inconsistent statements in a single count alleging in the alternative that one or the other was false and not believed by the defendant. In such case it shall not be necessary for the prosecution to prove which statement was false but only that one or the other was false and not believed by the defendant to be true.

(6) Corroboration. No person shall be convicted of an offense under this section where proof of falsity rests solely upon contradiction by testimony of a single person other than the defendant.

SECTION 148. (1) False swearing in official matters. A person makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, when he does not believe the statement to be true, is guilty of a misdemeanor if:

(a) The falsification occurs in an official proceeding; or

(b) The falsification is intended to mislead a public servant in performing his official function.

(2) Other false swearing. A person who makes a false statement under oath or equivalent affirmation, or swears or affirms the truth of such a statement previously made, when he does not believe the statement to be true, is guilty of a petty misdemeanor, if the statement is one which is required by law to be sworn or affirmed before a notary or other person authorized to administer oaths.

(3) Perjury provisions applicable. Subsections (3) through (6) of Section 146 of this act apply to the present section.

SECTION 149. (1) In general. A person commits a misdemeanor if, with purpose to mislead a public servant in performing his official function, he:

(a) Makes any written false statement which he does not believe to be true; or

(b) Purposely creates a false impression in a written application for any pecuniary or other benefit, by omitting information necessary to prevent statements therein from being misleading; or

(c) Submits or invites reliance on any writing which he knows to be forged, altered or otherwise lacking in authenticity; or

(d) Submits or invites reliance on any sample, specimen, map, boundary mark, or other object which he knows to be false.

(2) Statements "under penalty." A person commits a petty misdemeanor if he makes a written false statement which he does not believe to be true, on or pursuant to a form bearing notice, authorized by law, to the effect that false statements made therein are punishable.

(3) Perjury provisions applicable. Subsections (3) through (6) of Section 146 of this act, apply to the present section.

SECTION 150. A person who knowingly causes a false alarm of fire or other emergency to be transmitted to or within any organization, official or volunteer, for dealing with emergencies involving danger to life or property commits a misdemeanor.

SECTION 151. (1) Falsely incriminating another. A person who knowingly gives false information to any law enforcement officer with purpose to implicate another commits a misdemeanor.

(2) Fictitious reports. A person commits a petty misdemeanor if he:

(a) Reports to law enforcement authorities an offense or other incident within their concern knowing that it did not occur;

(b) Pretends to furnish such authorities with information relating to an offense or incident when he knows he has no information relating to such offense or incident.

SECTION 152. (1) Tampering. A person commits an offense if, believing that an official proceeding or investigation is pending or about to be instituted, he attempts to induce or otherwise cause a witness or informant to:

(a) Testify or inform falsely; or

(b) Withhold any testimony, information, document or thing; or

(d) Absent himself from any proceeding or investigation to which he has been legally summoned.

The offense is a felony of third degree if the actor employs force, deception, threat or offer of pecuniary benefit. Otherwise it is a misdemeanor.

(2) Retaliation against witness or informant. A person commits a misdemeanor if he harms another by any unlawful act in retaliation for anything lawfully done in the capacity of witness or informant.

(3) Witness or informant taking bribe. A person commits a felony of the third degree if he solicits, accepts or agrees to accept any benefit in consideration of his doing any of the things specified in paragraphs (a) through (d) of subsection (1) of this section.

SECTION 153. A person commits a misdemeanor if, believing that an official proceeding or investigation is pending or about to be instituted, he:

(a) Alters, destroys, conceals or removes any record, document or thing with purpose to impair its verity or availability in such proceeding or investigation; or

(b) Makes, presents or uses any record, document or thing knowing it to be false and with purpose to mislead a public servant who is or may be engaged in such proceeding or investigation.

SECTION 154. (1) Offense defined. A person commits an offense if he:

(a) Knowingly makes a false entry in, or false alteration of, any record, document or thing belonging to, or received or kept by, the government for information or record, or required by law to be kept by others for information of the government; or

(b) Makes, presents or uses any record, document or thing knowing it to be false, and with purpose that it be taken as a genuine part of information or records referred to in paragraph (a) of this subsection (1); or

(c) Purposely and unlawfully destroys, conceals, removes or otherwise impairs the verity or availability of any such record, document or thing.

(2) Grading. An offense under this section is a misdemeanor unless the actor's purpose is to defraud or injure anyone, in which case the offense is a felony of the third degree.

SECTION 155. A person commits a misdemeanor if he falsely pretends to hold a position in the public service with purpose to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense to his prejudice.

ARTICLE 20

OBSTRUCTING GOVERNMENTAL OPERATIONS; ESCAPES

SECTION 156. In this article, unless another meaning plainly is required, the definitions given in Section 137 of this act apply.

SECTION 157. A person commits a misdemeanor if he purposely obstructs, impairs or perverts the administration of law or other governmental function by force, violence, physical interference or obstacle, breach of official duty, or any other unlawful act, except that this section does not apply to flight by a person charged with crime, refusal to submit to arrest, failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.

SECTION 158. A person commits a misdemeanor if, for the purpose of preventing a public servant from effecting a lawful arrest or discharging any other duty, the person creates a substantial risk of bodily injury to the public servant or anyone else, or employs means justifying or requiring substantial force to overcome the resistance.

SECTION 159. A person commits an offense if, with purpose to hinder the apprehension, prosecution, conviction or punishment of another for crime, he:

(a) Harbors or conceals the other; or

(b) Provides or aids in providing a weapon, transportation, disguise or other means of avoiding apprehension or effecting escape; or

(c) Conceals or destroys evidence of the crime, or tampers with a witness, informant, document or other source of information, regardless of its admissibility in evidence; or

(d) Warns the other of impending discovery or apprehension, except that this paragraph does not apply to a warning given in connection with an effort to bring another into compliance with law; or

(e) Volunteers false information to a law enforcement officer.

The offense is a felony of third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a felony of the first or second degree. Otherwise it is a misdemeanor.

SECTION 160. A person commits an offense if he purposely aids another to accomplish an unlawful object of a crime, as by safeguarding the proceeds thereof or converting the proceeds into negotiable funds. The offense is a felony of the third degree if the principal offense was a felony of the first or second degree. Otherwise it is a misdemeanor.

SECTION 161. A person commits a misdemeanor if he accepts or agrees to accept any pecuniary benefit in consideration of refraining from reporting to law enforcement authorities the commission or suspected commission of any offense or information relating to an offense. It is an affirmative defense to prosecution under this section that the pecuniary benefit did not exceed an amount which the actor believed to be due as restitution or indemnification for harm caused by the offense.

SECTION 162. (1) Escape. A person commits an offense if he unlawfully removes himself from official detention or fails to return to official detention following temporary leave granted for a specific purpose or limited period. "Official detention" means arrest, detention in any facility for custody of persons under charge or conviction of crime or alleged or found to be delinquent, detention for extradition or deportation, or any other detention for law enforcement purposes; but "official detention" does not include supervision of probation or parole, or constraint incidental to release on bail.

(2) Permitting or facilitating escape. A public servant concerned in detention commits an offense if he knowingly or recklessly permits an escape. Any person who knowingly causes or facilitates an escape commits an offense.

(3) Effect of legal irregularity in detention. Irregularity in bringing about or maintaining detention, or lack of jurisdiction of the committing or detaining authority, shall not be a defense to prosecution under this section if the escape is from a prison or other custodial facility or from detention pursuant to commitment by official proceedings. In the case of other detentions, irregularity or lack of jurisdiction shall be a defense only if:

(a) The escape involved no substantial risk of harm to the person or property of anyone other than the detainee; or

(b) The detaining authority did not act in good faith under color of law.

(4) Grading of offenses. An offense under this section is a felony of the third degree where:

(a) The actor was under arrest for or detained on a charge of felony or following conviction of crime; or

(b) The actor employs force, threat, deadly weapon or other dangerous instrumentality to effect the escape; or

(c) A public servant concerned in detention of persons convicted of crime purposely facilitates or permits an escape from a detention facility.

Otherwise an offense under this section is a misdemeanor.

SECTION 163. (1) Escape implements. A person commits a misdemeanor if he unlawfully introduces within a detention facility, or unlawfully provides an inmate with, any weapon, tool or other thing which may be useful for escape. An inmate commits a misdemeanor if he unlawfully procures, makes, or otherwise provides himself with, or has in his possession, any such implement of escape. "Unlawfully" means surreptitiously or contrary to law, regulation or order of the detaining authority.

(2) Other contraband. A person commits a petty misdemeanor if he provides an inmate with anything which the actor knows it is unlawful for the inmate to possess.

SECTION 164. A person set at liberty by court order, with or without bail, upon condition that he will subsequently appear at a specified time and place, commits a misdemeanor if, without lawful excuse, he fails to appear at that time and place. The offense constitutes a felony of the third degree where the required appearance was to answer to a charge of felony, or for disposition of any such charge, and the actor took flight or went into hiding to avoid apprehension, trial or punishment. This section does not apply to obligations to appear incident to release under suspended sentence or on probation or parole.

ARTICLE 21

ABUSE OF OFFICE

SECTION 165. In this article, unless a different meaning plainly is required, the definitions given in Section 138 of this act apply.

SECTION 166. A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor if, knowing that his conduct is illegal, he:

(a) Subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or

(b) Denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.

SECTION 167. A public servant commits a misdemeanor if, in contemplation of official action by himself or by a governmental unit with which he is associated, or in reliance on information to which he has access in his official capacity and which has not been made public, he:

(a) Acquires a pecuniary interest in any property, transaction or enterprise which may be affected by such information or official action; or

(b) Speculates or wagers on the basis of such information or official action; or

OFFENSES AGAINST PUBLIC ORDER AND DECENCY

ARTICLE 22

RIOT, DISORDERLY CONDUCT, AND RELATED OFFENSES

SECTION 168. (1) Riot. A person is guilty of riot, a felony of the third degree, if he participates with two (2) or more others in a course of disorderly conduct:

(a) With purpose to commit or facilitate the commission of a felony or misdemeanor;

(b) With purpose to prevent or coerce official action; or

(c) When the actor or any other participant to the knowledge of the actor uses or plans to use a firearm or other deadly weapon.

(2) Failure of disorderly persons to disperse upon official order. Where three (3) or more persons are participating in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance or alarm, a peace officer or other public servant engaged in executing or enforcing the law may order the participants and others in the immediate vicinity to disperse. A person who refuses or knowingly fails to obey such an order commits a misdemeanor.

SECTION 169. (1) Offense defined. A person is guilty of disorderly conduct if, with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

(a) Engages in fighting or threatening, or in violent or tumultuous behavior; or

(b) Makes unreasonable noise of offensively coarse utterance, gesture or display, or addresses abusive language to any person present; or

"Public" means affecting or likely to affect persons in a place to which the public or a substantial group has access; among the places included are highways, transport facilities, schools, prisons, apartment houses, places of business or amusement, or any neighborhood.

(2) Grading. An offense under this section is a petty misdemeanor if the actor's purpose is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a violation.

SECTION 170. A person is guilty of a misdemeanor if he initiates or circulates a report or warning of an impending bombing or other crime or catastrophe, knowing that the report or warning is false or baseless and that it is likely to cause evacuation of a building, place of assembly, or facility of public transport, or to cause public inconvenience or alarm.

SECTION 171. A person commits a petty misdemeanor if, with purpose to harass another, he:

(a) Makes a telephone call without purpose of legitimate communication; or

(b) Insults, taunts or challenges another in a manner likely to provoke violent or disorderly response; or

(d) Subjects another to an offensive touching; or

(e) Engages in any other course of alarming conduct serving no legitimate purpose of the actor.

SECTION 172. A person is guilty of an offense if he appears in any public place manifestly under the influence of alcohol, narcotics or other drug, not therapeutically administered, to the degree that he may endanger himself or other persons or property, or annoy persons in his vicinity. An offense under this section constitutes a petty misdemeanor if the actor has been convicted hereunder twice before within a period of one (1) year. Otherwise the offense constitutes a violation.

SECTION 173. A person commits a violation if he loiters or prowls in a place, at a time, or in manner not usual for law-abiding individuals under circumstances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a peace officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstance makes it impracticable, a peace officer shall prior to any arrest for an offense under this section afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this section if the peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the peace officer at the time, would have dispelled the alarm.

SECTION 174. (1) A person, who, having no legal privilege to do so, purposely or recklessly obstructs any highway or other public passage, whether alone or with others, commits a violation, or, in case he persists after warning by a law officer, a petty misdemeanor. "Obstructs" means renders impassable without unreasonable inconvenience or hazard. No person shall be deemed guilty of recklessly obstructing in violation of this subsection solely because of a gathering of persons to hear him speak or otherwise communicate, or solely because of being a member of such a gathering.

(2) A person in a gathering commits a violation if he refuses to obey a reasonable official request or order to move:

(a) To prevent obstruction of a highway or other public passage; or

(b) To maintain public safety by dispersing those gathered in dangerous proximity to a fire or other hazard.

An order to move, addressed to a person whose speech or other lawful behavior attracts an obstructing audience, shall not be deemed reasonable if the obstruction can be readily remedied by police control of the size or location of the gathering.

SECTION 175. A person commits a misdemeanor if, with purpose to prevent or disrupt a lawful meeting, procession or gathering, he does any act tending to obstruct or interfere with it physically, or makes any utterance, gesture or display designed to outrage the sensibilities of the group.

SECTION 176. A person commits a misdemeanor if he purposely desecrates any public monument or structure, or place of worship or burial, or if he purposely desecrates the national flag or any other object of veneration by the public or a substantial segment thereof in any public place. "Desecrate" means defacing, damaging, polluting or otherwise physically mistreating in a way that the actor knows will outrage the sensibilities of persons likely to observe or discover his action.

SECTION 177. Except as authorized by law, a person who treats a corpse in a way that he knows would outrage ordinary family sensibilities commits a misdemeanor.

SECTION 178. A person commits a misdemeanor if he purposely or recklessly:

(a) Subjects any animal to cruel mistreatment; or

(b) Subjects any animal in his custody to cruel neglect; or

Paragraphs (a) and (b) shall not be deemed applicable to accepted veterinary practices and activities carried on for scientific research.

SECTION 179. (1) Unlawful eavesdropping or surveillance. A person commits a misdemeanor if, except as authorized by law, he:

(a) Trespasses on property with purpose to subject anyone to eavesdropping or other surveillance in a private place; or

(b) Installs in any private place, without the consent of the person or persons entitled to privacy there, any device for observing, photographing, recording, amplifying or broadcasting sounds or events in such place, or uses any such unauthorized installation; or

(c) Installs or uses outside a private place any device for hearing, recording, amplifying or broadcasting sounds originating in such place which would not ordinarily be audible or comprehensible outside, without the consent of the person or persons entitled to privacy there.

"Private place" means a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or a substantial group thereof has access.

(2) Other breach of privacy of messages. A person commits a misdemeanor if, except as authorized by law, he:

(a) Intercepts without the consent of the sender or receiver a message by telephone, telegraph, letter or other means of communicating privately; but this paragraph does not extend to (i) overhearing of messages through a regularly installed instrument on a telephone party line or on an extension, or (ii) interception by the telephone company or subscriber incident to enforcement of regulations limiting use of the facilities or incident to other normal operation and use; or

(b) Divulges without the consent of the sender or receiver the existence or contents of any such message if the actor knows that the message was illegally intercepted, or if he learned of the message in the course of employment with an agency engaged in transmitting it.

ARTICLE 23

PUBLIC INDECENCY

SECTION 180. A person commits a petty misdemeanor if he does any lewd act which he knows is likely to be observed by others who would be affronted or alarmed.

SECTION 181. (1) Prostitution. A person is guilty of prostitution, a petty misdemeanor, if he or she:

(a) Is an inmate of a house of prostitution or otherwise engages in sexual activity as a business; or

(b) Loiters in or within view of any public place for the purpose of being hired to engage in sexual activity. "Sexual activity" includes homosexual and other deviate sexual relations. A "house of prostitution" is any place where prostitution or promotion of prostitution is regularly carried on by one (1) person under the control, management or supervision of another. An "inmate" is a person who engages in prostitution in or through the agency of a house of prostitution. "Public place" means any place to which the public or any substantial group thereof has access.

(2) Promoting prostitution. A person who knowingly promotes prostitution of another commits a misdemeanor or felony as provided in subsection (3) of this section. The following acts shall, without limitation of the foregoing, constitute promoting prostitution:

(a) Owning, controlling, managing, supervising or otherwise keeping, alone or in association with others, a house of prostitution or a prostitution business; or

(b) Procuring an inmate for a house of prostitution or a place in a house of prostitution for one who would be an inmate; or

(d) Soliciting a person to patronize a prostitute; or

(e) Procuring a prostitute for a patron; or

(f) Transporting a person into or within this state with purpose to promote that person's engaging in prostitution, or procuring or paying for transportation with that purpose; or

(g) Leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or the promotion of prostitution, or failure to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means; or

(h) Soliciting, receiving, or agreeing to receive any benefit for doing or agreeing to do anything forbidden by this subsection.

(3) Grading of offenses under subsection (2). An offense under subsection (2) constitutes a felony of the third degree if:

(a) The offense falls within paragraph (a), (b) or (c) of subsection (2) of this section; or

(b) The actor compels another to engage in or promote prostitution; or

(c) The actor promotes prostitution of a child under the age of sixteen (16), whether or not he is aware of the child's age; or

(d) The actor promotes prostitution of his wife, child, ward or any person for whose care, protection or support he is responsible. Otherwise the offense is a misdemeanor.

(4) Presumption from living off prostitutes. A person, other than the prostitute or the prostitute's minor child or other legal dependent incapable of self-support, who is supported, in whole or substantial part, by the proceeds of prostitution is presumed to be knowingly promoting prostitution in violation of subsection (2) of this act.

(5) Patronizing prostitutes. A person commits a violation if he hires a prostitute to engage in sexual activity with him, or if he enters or remains in a house of prostitution for the purpose of engaging in sexual activity.

(6) Evidence. On the issue whether a place is a house of prostitution the following shall be admissible evidence: its general repute; the repute of the persons who reside in or frequent the place; the frequency, timing and duration of visits by nonresidents. Testimony of a person against his spouse shall be admissible to prove offenses under this section.

SECTION 182. A person is guilty of a petty misdemeanor if he loiters in or near any public place for the purpose of soliciting or being solicited to engage in deviate sexual relations.

SECTION 183. (1) Obscene defined. Material is obscene if, considered as a whole, its predominant appeal is to prurient interest, that is, a shameful or morbid interest, in nudity, sex or excretion, and if in addition it goes substantially beyond customary limits of candor in describing or representing such matters. Predominant appeal shall be judged with reference to ordinary adults unless it appears from the character of the material or the circumstances of its dissemination to be designed for children or other specially susceptible audience. Undeveloped photographs, molds, printing plats, and the like, shall be deemed obscene notwithstanding that processing or other acts may be required to make the obscenity patent or to disseminate it.

(2) Offenses. Subject to the affirmative defense provided in subsection (3), a person commits a misdemeanor if he knowingly or recklessly:

(a) Sells, delivers or provides, or offers or agrees to sell, deliver or provide, any obscene writing, picture, record or other representation or embodiment of the obscene; or

(b) Presents or directs an obscene play, dance or performance, or participates in that portion thereof which makes it obscene; or

(d) Possesses any obscene material for purposes of sale or other commercial dissemination; or

(e) Sells, advertises or otherwise commercially disseminates material, whether or not obscene, by representing or suggesting that it is obscene. A person who disseminates or possesses obscene material in the course of his business is presumed to do so knowingly or recklessly.

(3) Justifiable and noncommercial private dissemination. It is an affirmative defense to prosecution under this section that dissemination was restricted to:

(a) Institutions or persons having scientific, educational, governmental or other similar justification for possessing obscene material; or

(b) Noncommercial dissemination to personal associates of the actor.

(4) Evidence; Adjudication of obscenity. In any prosecution under this section evidence shall be admissible to show:

(a) The character of the audience for which the material was designed or to which it was directed;

(b) What the predominant appeal of the material would be for ordinary adults or any special audience to which it was directed, and what effect, if any, it would probably have on conduct of such people;

(d) The degree of public acceptance of the material in the United States;

(e) Appeal to prurient interest, or absence thereof, in advertising or other promotion of the material; and

(f) The good repute of the author, creator, publisher or other person from whom the material originated.

Expert testimony and testimony of the author, creator, publisher or other person from whom the material originated, relating to factors entering into the determination of the issue of obscenity, shall be admissible. The court shall dismiss a prosecution for obscenity if it is satisfied that the material is not obscene.

ARTICLE 24

SUSPENSION OF SENTENCE; PROBATION

SECTION 184. (1) When the court suspends the imposition of sentence on a person who has been convicted of a crime or sentences him to be placed on probation, it shall attach such reasonable conditions, authorized by this section, as it deems necessary to insure that he will lead a law-abiding life or likely to assist him to do so.

(2) The court, as a condition of its order, may require the defendant:

(a) To meet his family responsibilities;

(b) To devote himself to a specific employment or occupation;

(c) To undergo available medical or psychiatric treatment and to enter and remain in a specified institution, when required for that purpose;

(d) To pursue a prescribed secular course of study or vocational training;

(e) To attend or reside in a facility established for the instruction, recreation or residence of persons on probation;

(f) To refrain from frequenting unlawful or disreputable places or consorting with disreputable persons;

(g) To have in his possession no firearm or other dangerous weapon unless granted written permission;

(h) To make restitution of the fruits of his crime or to make reparation, in an amount he can afford to pay, for the loss or damage caused thereby;

(i) To remain within the jurisdiction of the court and to notify the court or the probation officer of any change in his address or his employment;

(j) To report as directed to the court or the probation officer and to permit the officer to visit his home;

(k) To post a bond, with or without surety, conditioned on the performance of any of the foregoing obligations;

(l) To satisfy any other conditions reasonably related to the rehabilitation of the defendant and not unduly restrictive of his liberty or incompatible with his freedom of conscience.

(3) When the court sentences a person who has been convicted of a felony or misdemeanor to be placed on probation, it may require him to serve a term of imprisonment not exceeding thirty (30) days as an additional condition of its order. The term of imprisonment imposed hereunder shall be treated as part of the term of probation, and in the event of a sentence of imprisonment upon the revocation of probation, the term of imprisonment served hereunder shall not be credited toward service of such subsequent sentence.

(4) The defendant shall be given a copy of this article and written notice of any requirements imposed pursuant to this section, stated with sufficient specificity to enable him to guide himself accordingly.

SECTION 185. (1) When the court has suspended sentence or has sentenced a defendant to be placed on probation, the period of the suspension or probation shall be five (5) years, upon conviction of a felony, or two (2) years upon conviction of a misdemeanor or a petty misdemeanor, unless the defendant is sooner discharged by order of the court. The court, on application of a probation officer or of the defendant, or on its own motion, may discharge the defendant at any time. On conviction of a violation, a suspended sentence constitutes an unconditional discharge.

(2) During the period of the suspension or probation, the court, on application of a probation officer or of the defendant, or on its own motion, may modify the requirements imposed on the defendant or add further requirements authorized by Section 184 of this act. The court shall eliminate any requirement that imposes an unreasonable burden on the defendant.

(3) Upon the termination of the period of suspension or probation or the earlier discharge of the defendant, the defendant shall be relieved of any obligations imposed by the order of the court and shall have satisfied his sentence for the crime.

SECTION 186. (1) At any time before the discharge of the defendant or the termination of the period of suspension or probation:

(a) The court may summon the defendant to appear before it or may issue a warrant for his arrest;

(b) A probation or peace officer, having probable cause to believe that the defendant has failed to comply with a requirement imposed as a condition of the order or that he has committed another crime, may arrest him without a warrant;

(c) The court, if there is probable cause to believe that the defendant has committed another crime or if he has been held to answer therefor, may commit him without bail, pending a determination of the charge by the court having jurisdiction thereof;

(d) The court, if satisfied that the defendant has inexcusably failed to comply with a substantial requirement imposed as a condition of the order or if he has been convicted of another crime, may revoke the suspension or probation and sentence or resentence the defendant, as provided in this section.

(2) When the court revokes a suspension or probation, it may impose on the defendant any sentence that might have been imposed originally for the crime of which he was convicted, except that the defendant shall not be sentenced to imprisonment unless:

(a) He has been convicted of another crime; or

(b) His conduct indicates that his continued liberty involves undue risk that he will commit another crime; or

SECTION 187. The court shall not revoke a suspension or probation or increase the requirements imposed thereby on the defendant except after a hearing upon written notice to the defendant of the grounds on which such action is proposed. The defendant shall have the right to hear and controvert the evidence against him, to offer evidence in his defense and to be represented by counsel.

SECTION 188. (1) When the court has suspended sentence or has sentenced the defendant to be placed on probation and the defendant has fully complied with the requirements imposed as a condition of such order and has satisfied the sentence, the court may order that so long as the defendant is not convicted of another crime, the judgment shall not constitute a conviction for the purpose of any disqualification or disability imposed by law upon conviction of a crime.

(2) Proof of a conviction as relevant evidence upon the trial or determination of any issue or for the purpose of impeaching the defendant as a witness is not a disqualification or disability within the meaning of this section.

SECTION 189. A judgment suspending sentence or sentencing a defendant to be placed on probation shall be deemed tentative, to the extent provided in this article, but for all other purposes shall constitute a final judgment.

ARTICLE 25

FINES

SECTION 190. (1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment to be made within a specified period of time or in specified installments. If no such permission is embodied in the sentence, the fine shall be payable forthwith.

(2) When a defendant sentenced to pay a fine is also sentenced to probation, the court may make the payment of the fine a condition of probation.

(3) The defendant shall pay a fine or any installment thereof to the court. In the event of default in payment, such agency shall take appropriate action for its collection.

(4) Unless otherwise provided by law, all fines collected shall be paid over to the state and shall become part of the general funds of the state and shall be subject to general appropriation.

SECTION 191. (1) When a defendant sentenced to pay a fine defaults in the payment thereof or of any installment, the court, upon the motion of the state or upon its own motion, may require him to show cause why his default should not be treated as contumacious and may issue a summons or a warrant of arrest for his appearance, unless the defendant shows that his default was not attributable to a willful refusal to obey the order of the court, or to a failure on his part to make a good faith effort to obtain the funds required for the payment, the court shall find that his default was contumacious and may order him committed unless the fine or a specified part thereof is paid. The term of imprisonment for such contumacious nonpayment of the fine shall be specified in the order of commitment and shall not exceed one (1) day for each Five Dollars ($5.00) of the fine, thirty (30) days if the fine was imposed upon conviction of a violation or a petty misdemeanor or one (1) year in any other case, whichever is the shorter period. When a fine is imposed on a corporation or an unincorporated association, it is the duty of the person or persons authorized to make disbursements from the assets of the corporation or association to pay it from such assets and their failure so to do may be held contumacious under this subsection. A person committed for nonpayment of a fine shall be given credit towards its payment for each day of imprisonment, at the rate specified in the order of commitment.

(2) If it appears that the defendant's default in the payment of a fine is not contumacious, the court may make an order allowing the defendant additional time for payment, reducing the amount thereof or of each installment, or revoking the fine or the unpaid portion thereof, in whole or in part.

(3) Upon any default in the payment of a fine or any installment thereof, execution may be levied and such other measures may be taken for the collection of the fine or the unpaid balance thereof as are authorized for the collection of an unpaid civil judgment entered against the defendant in an action on a debt. The levy of execution for the collection of a fine shall not discharge a defendant committed to imprisonment for nonpayment of the fine until the amount of the fine has actually been collected.

SECTION 192. A defendant who has been sentenced to pay a fine and who is not in contumacious default in the payment thereof may at any time petition the court which sentenced him for a revocation of the fine or of any unpaid portion thereof. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine have changed, or that it would otherwise be unjust to require payment, the court may revoke the fine or the unpaid portion thereof, in whole or in part.

ARTICLE 26

SHORT-TERM IMPRISONMENT

SECTION 193. (1) Within the appropriation allotted therefor, the several counties, cities and the Department of Corrections may construct, equip and maintain suitable buildings, structures and facilities for the operation and for the necessary expansion and diversification of local short-term institutions, including lockups, jails, houses of correction, work farms and such other institutions as may be required for the following purposes:

(a) The custody, control, correctional treatment and rehabilitation of persons sentenced or committed to imprisonment for a fixed term of one (1) year or less;

(b) The custody, control and temporary detention of persons committed to the Department of Corrections, until they are removed to the reception center or to another institution in the department;

(d) The detention of persons committed to secure their attendance as witnesses, and for other detentions authorized by law.

(2) The Commissioner of the Department of Corrections shall annually review, on the basis of visitation, inspection and reports pursuant to Section 248 of this act, the adequacy of the institutions for short-term imprisonment in the several counties, cities and other political subdivisions of the state in the light of the number of persons committed thereto, the physical facilities thereof and programs conducted therein. No later than his next annual report, the commissioner shall report on any inadequacies of such facilities, including his recommendations for the alteration or expansion of existing institutions, for the construction of new institutions, for the combination of two (2) or more local institutions of the same or of different political subdivisions of the state, or for such other measures to meet the situation as may be appropriate. In making his recommendations, the commissioner may indicate whether, in his opinion, the alteration, expansion or new construction can best be undertaken by the political subdivisions concerned, or by the Department of Corrections.

(3) In reviewing the adequacy of the institutions for short-term imprisonment, the Commissioner of the Department of Corrections shall consider whether the facilities available in the several political subdivisions of the state afford adequate opportunity for the segregation and classification of prisoners, for the isolation and treatment of ill prisoners, for the treatment of alcoholic and drug-addicted prisoners, for diversified security and custody, and for opportunities for vocational and rehabilitative training.

(4) Upon the recommendation or with the approval of the Commissioner of the Department of Corrections, counties, cities, and other political subdivisions of the state having institutions for short-term imprisonment may establish joint institutions or combine two (2) or more existing facilities for short-term imprisonment, and may make such agreements for the sharing of the costs of construction and maintenance as may be authorized by law.

(5) No county, city, or other political subdivision of the state shall construct or establish an institution for short-term imprisonment, unless the plans for the establishment and construction of such institution are approved by the Commissioner of the Department of Corrections.

SECTION 194. (1) The warden, or other administrative head of an institution for short-term imprisonment, shall establish and maintain, in accordance with the regulations of the Department of Corrections, a central file in the institution containing an individual file for each prisoner. Each prisoner's file shall as far as practicable include: (a) his admission summary; (b) his presentence investigation report, if any; (c) the official records of his conviction and commitment, as well as earlier criminal records, if any; (d) progress reports from treatment and custodial staff; (e) reports of his disciplinary infractions and of their disposition; and (f) other pertinent data concerning his background, conduct, associations and family relationships. The content of the prisoners' files shall be confidential and shall not be subject to public inspection except by court order for good cause shown and shall not be accessible to prisoners in the institution.

(2) The governing body of each county, city or other political subdivision of the state having one or more institutions for short-term imprisonment shall appoint a classification committee consisting of five (5) members of the institutional staffs and of qualified citizens of the county, city or other political subdivision. If a physician has been appointed to serve the institutions, he shall be an ex officio member of the committee. All committee members shall serve without compensation but shall be paid their necessary travel expenses and per diem as provided by law.

(3) As soon as practicable after a prisoner who has been sentenced to a definite term of thirty (30) days or more is received in the institution, and no later than the expiration of the first third of his term, the classification committee shall study his file and interview him, and shall aid the warden or other administrative head of the institution in determining the prisoner's program of treatment, training, employment, care and custody. The classification committee may also recommend the transfer of the prisoner to another institution which in its opinion is more suitable for him.

(4) The warden or other administrative head of the institution may, on his own motion or upon the recommendation of the classification committee, apply to the court for an order to transfer the prisoner to another institution for short-term imprisonment, within or outside of the county, city or other political subdivision of the state.

SECTION 195. (1) In institutions for short-term imprisonment the following groups shall be segregated from each other:

(a) Female prisoners from male prisoners; and

(b) Prisoners under the age of twenty-two (22) from older prisoners; and

(c) Persons detained for hearing or trial from prisoners under sentence of imprisonment or committed for contumacious default in the payment of fines; and

(d) Persons detained for hearing or trial or under sentence from material witnesses and other persons detained under civil commitment.

(2) When an institutional physician finds that a prisoner suffers from a physical disease or defect, or when an institutional physician or psychologist finds that a prisoner suffers from a mental disease or defect, the warden or other administrative head may order such prisoner to be segregated from other prisoners, and if the physician or psychologist, as the case may be, is of the opinion that he cannot be given proper treatment at the institution, the warden or other administrative head may transfer him to another institution in the county, city or other political subdivision of the state where proper treatment is available, or to a hospital, if any, operated by the county, city or other political subdivision of the state if such hospital has adequate facilities, including detention facilities when necessary, to receive and treat the prisoner. If proper treatment or facilities are not available in an institution or a hospital operated by the county, city, or other political subdivision of the state, the warden or other administrative head may transfer him to an institution or hospital operated by another county, city or other political subdivision of the state, where such treatment and facilities are available, if such hospital or institution is ready to receive him, under such arrangements for reimbursement of costs as may be authorized by law. The warden or other administrative head may request the Commissioner of the Department of Corrections to permit such prisoner to be transferred for examination, study and treatment to the medical-correctional facility, if any, or to another institution in the department where proper treatment is available. The Commissioner of the Department of Corrections shall permit such transfer whenever such institutions in the department have available room to receive the prisoner.

(3) When an institutional physician finds upon examination that a prisoner suffers from a physical disease or defect that cannot, in his opinion, be properly treated in any institution or hospital of the county, city or other political subdivision of the state or of another county, city or other subdivision of the state, or in the Department of Corrections, such prisoner, upon the direction of the warden or other administrative head and with the approval of the Commissioner of the Department of Corrections, may receive treatment in, or may be transferred to, for the purpose of receiving treatment in, any other available hospital. The warden or other administrative head, in accordance with regulations of the Department of Corrections, shall make appropriate arrangements with other public or private agencies for the transportation to, and for the care, custody and security of the prisoner in such hospital. While receiving treatment in such hospital, the prisoner shall remain subject to the jurisdiction and custody of the institution to which he was committed, and shall be returned thereto when, prior to the expiration of his sentence, such hospital treatment is no longer necessary.

(4) When two (2) psychiatrists approved by the Department of Health find upon examination that a prisoner suffers from a mental disease or defect that cannot, in their opinion, be properly treated in any institution in the Department of Corrections, such prisoner, upon the direction of the warden or other administrative head and with the approval of the Commissioner of the Department of Corrections, may be transferred for treatment, with the approval of the Department of Health, to a psychiatric facility in such department. The warden or other administrative head, in accordance with the regulations of the Department of Corrections, shall make appropriate arrangements with the Department of Health for the transportation to, and for the custody and security of the prisoner in such psychiatric facility. A prisoner receiving treatment in such a psychiatric facility shall remain subject to the jurisdiction and custody of the institution to which he was committed, and shall be returned thereto when, prior to the expiration of his sentence, treatment in such facility is no longer necessary. A prisoner receiving treatment in a psychiatric facility in the Department of Health who continues in need of treatment at the time of his release or discharge shall be dealt with in accordance with subsection (5) of this section.

(5) When two (2) psychiatrists approved by the Department of Health find upon examination that a prisoner about to be discharged from an institution suffers from a mental disease or defect of such a nature that his release or discharge will endanger the public safety or the safety of the prisoner, the warden or other administrative head, with the approval of the Commissioner of the Department of Corrections, shall transfer him to, or if he has already been transferred, permit him to remain in the care of the Department of Health to be dealt with in accordance with the law applicable to the civil commitment and detention of persons suffering from such disease or defect.

SECTION 196. (1) Upon admission to a facility for short-term imprisonment, each prisoner shall be given a physical examination, and if he is suspected of having a communicable disease, he shall be quarantined until he is known to be free from such disease. Each prisoner shall receive such medical and dental care as may be necessary during his period of commitment, but at his request, he may be permitted to provide such care for himself at his own expense.

(2) Each prisoner shall be adequately fed and clothed in accordance with regulations of the Department of Corrections. No prisoner shall be required to wear stripes or other degrading apparel.

SECTION 197. The warden or other administrative head of an institution for short-term imprisonment shall establish, subject to regulation of the Department of Corrections, an appropriate program for his institution, designed as far as practicable to prepare and assist each prisoner to assume his responsibilities and to conform to the requirements of law. In developing such a program, the warden or other administrative head shall seek to make available to each prisoner capable of benefiting therefrom academic or vocational training, participation in productive work, religious and recreational activities and such therapeutic measures as are practicable. No prisoner shall be ordered or compelled, however, to participate in religious activities.

SECTION 198. (1) The warden or other administrative head of each correctional institution shall be responsible for the discipline, control and safe custody of the prisoners therein. No prisoner shall be punished except upon the order of the warden or other administrative head of the institution or of a deputy designated by him for the purpose; nor shall any punishment be imposed otherwise than in accordance with the provisions of this section. The right to punish or to inflict punishment shall not be delegated to any prisoner or group of prisoners and no warden or other administrative head shall permit any such prisoner or group of prisoners to assume authority over any other prisoner or group of prisoners.

(2) Except in flagrant or serious cases, punishment for a breach of discipline shall consist of deprivation of privileges. In case of assault, escape, or attempt to escape, or other serious or flagrant breach of discipline, the warden or other administrative head may order that a prisoner's reduction of term for good behavior in accordance with Section 200 of this act be forfeited. For serious or flagrant breach of discipline, the warden or other administrative head may confine the prisoner, in accordance with the regulations of the Department of Corrections, to a disciplinary cell for a period not to exceed ten (10) days, and may order that the prisoner, during all or part of the period of such solitary confinement, be put on a monotonous but adequate and healthful diet. A prisoner in solitary confinement shall be visited by a physician at least once every twenty-four (24) hours.

(3) No cruel, inhuman or corporal punishment shall be used on any prisoner, nor is the use of force on any prisoner justifiable except as provided by this act and the rules and regulations of the Department of Corrections consistent therewith.

(4) The warden or other administrative head of an institution shall maintain a record of breaches of rules, of the disposition of each case, and of the punishment, if any, for each such breach. Each breach of the rules by a prisoner shall be entered in his file, together with the disposition or punishment therefor.

SECTION 199. (1) To establish good habits of work and responsibility, for the vocational training of prisoners, and to reduce the cost of institutional operation, prisoners shall be employed so far as possible in constructive and diversified activities in the production of goods, services and foodstuffs to maintain the institution and its inmates, for the use of the county, city or other political subdivision of the state, and for other purposes expressly authorized by law. To accomplish these purposes, the warden or other administrative head, with the approval of the Commissioner of the Department of Corrections, shall establish and maintain work programs, including, to the extent practicable, prison industries and prison farms in his institution, and may enter into arrangements with the departments of the state, or of the county, city or other political subdivision of the state, for the employment of prisoners in the improvement of public works and ways, and in the improvement and conservation of the natural resources owned by the state.

(2) No prisoner shall be required to engage in excessive labor, and no prisoner shall be required to perform any work for which he is declared unfit by the institutional physician.

(3) The Commissioner of the Department of Corrections shall make rules and regulations governing the hours and conditions of labor of prisoners in correctional institutions of the counties, cities or other political subdivision of the state and the rates of prisoners' compensation for employment. In determining the rates of compensation, such regulations may take into consideration the quantity and quality of the work performed by a prisoner, whether or not such work was performed during regular working hours, the skill required for its performance, as well as the economic value of similar work outside of correctional institutions. Prisoners' wage payments shall be set aside by the warden or other administrative head in a separate fund. The regulations may provide for the making of deductions from prisoners' wages to defray part or all of the cost of prisoner maintenance, but a sufficient amount shall remain after such deduction to enable the prisoner to contribute to the support of his dependents, if any, to make necessary purchases from the commissary, and to set aside sums to be paid to him at the time of his release from the institution.

(4) The labor or time of a prisoner shall not be sold, contracted or hired out, but prisoners may work for other departments of the state or of the county, city or other political subdivision of the state in accordance with arrangements made pursuant to subsection (1) of this section.

(5) All departments and agencies of the county, city or other political subdivision of the state and institutions and agencies which are supported, in whole or in part, by such political subdivision, shall purchase or draw from the correctional institution all articles and products required by them which are produced or manufactured by prison labor in such correctional institutions, unless excepted from this requirement by the appropriate authority of the county, city or other political subdivision of the state in accordance with rules and regulations of such authority to carry out the purposes of this subsection. Any surplus articles and products not so purchased shall be disposed of to the departments and agencies of the state and of other counties, cities or other political subdivisions of the state. The Governor or other appropriate authority may, by rule or regulations, provide for the manner in which standards and qualifications for such articles and products shall be set, for the manner in which the needs of departments, agencies and institutions of the state and its political subdivisions shall be estimated in advance, for the manner in which the price for such articles and products shall be determined, and for the manner in which purchases shall be made and payment credited.

(6) Within the appropriation allotted therefor, the warden or other administrative head shall make appropriate arrangements for the compensation of prisoners for damages from injuries arising out of their employment.

SECTION 200. For good behavior and faithful performance of duties, the term of imprisonment of a prisoner sentenced or committed for a definite term of more than thirty (30) days shall be reduced by five (5) days for each month of such term. Such reductions of terms may be forfeited, withheld or restored by the warden or other administrative head of the institution, in accordance with the regulations of the Department of Corrections.

SECTION 201. (1) When a defendant is sentenced or committed for a fixed term of one (1) year or less, the court may in its order grant him the privilege of leaving the institution during necessary and reasonable hours for any of the following purposes:

(a) To work at his employment;

(b) To seek employment;

(c) To conduct his own business or to engage in other self-employment, including, in the case of a woman, housekeeping and attending to the needs of her family;

(d) To attend an educational institution;

(e) To obtain medical treatment;

(f) To devote time to any other purpose approved by the court.

(2) Whenever a prisoner who has been granted the privilege of leaving the institution under this section is not engaged in the activity for which such leave is granted, he shall be confined in the institution.

(3) A prisoner sentenced to ordinary confinement may petition the court at any time after sentence for the privilege of leaving the institution under this section and may renew his petition in the discretion of the court. The court may withdraw the privilege at any time by order entered with or without notice.

(4) If the prisoner has been granted permission to leave the institution to seek or take employment, the court's probation department shall assist him in obtaining suitable employment. Employment shall not be deemed suitable if the wages or working conditions or other circumstances present a danger of exploitation or of interference in a labor dispute in the establishment in which the prisoner would be employed.

(5) If a prisoner is employed for wages or salary, the warden or other administrative head shall collect the same, or shall require the prisoner to turn over his wages or salary in full when received, and shall deposit the same in a trust account and shall keep a ledger showing the status of the account of each prisoner. Earnings levied upon pursuant to writ of attachment or execution or in other lawful manner shall not be collected hereunder, but when the warden or other administrative head has requested transmittal of earnings prior to levy, such request shall have priority. When an employer transmits such earnings to the warden or other administrative head pursuant to this subsection he shall have no liability to the prisoner for such earnings. From such earnings the probation service shall pay the prisoner's board and personal expenses both inside and outside the institution, shall deduct so much of the costs of administration of this section as is allocable to such prisoner, and shall deduct installments on fines, if any, and, to the extent directed by the court, shall pay the support of the prisoner's dependents. If sufficient funds are available after making the foregoing payments, the warden or other administrative head may, with the consent of the prisoner, pay, in whole or in part, any unpaid debts of the prisoner. Any balance shall be retained, and shall be paid to the prisoner at the time of his discharge.

(6) A prisoner who is serving his sentence pursuant to this section shall be eligible for a reduction of his term for good behavior and faithful performance of duties in accordance with Section 200 of this act in the same manner as if he had served his term in ordinary confinement.

(7) The warden or other administrative head may deny the prisoner the exercise of this privilege to leave the institution for a period not to exceed five (5) days for any breach of discipline or other violation of regulations.

(8) The court shall not make an order granting the privilege of leaving the institution under this section unless it is satisfied the warden or other administrative head has certified that there are adequate facilities for the administration of such privilege in the institution in which the defendant will be confined.

SECTION 202. When a prisoner sentenced or committed for a definite term of one (1) year or less is discharged from an institution, he shall be returned any personal possessions taken from him upon his commitment, and the warden or other administrative head shall furnish him with a transportation ticket, or with the cost of transportation, to the place where he was sentenced, or to any other place not more distant.

ARTICLE 27

LONG-TERM IMPRISONMENT

SECTION 203. (1) The Commissioner of the Department of Corrections shall, when practicable, establish, equip and maintain one or more centers for the reception and classification of young adult offenders as defined in Section 59 of this act, and one or more such centers for other persons committed to the Department of Corrections. When practicable, a reception center shall be a separate institution, but until it is established as such, it may be located in, or be contiguous to, another institution and may share its facilities. When a reception center shares the facilities of another institution, however, the administration and personnel of the center shall be independent of such other institution, and prisoners in such center shall be segregated from prisoners in the institution whose facilities it shares.

(2) The Commissioner of the Department of Corrections shall appoint a reception classification board for each reception center, which shall include a representative of the Commissioner of the Department of Corrections, a physician, a psychiatrist or clinical psychologist, a representative of the treatment services, a representative of the custodial services, and such other persons as the commissioner may designate. Members of a reception classification board shall serve at the pleasure of the Commissioner of the Department of Corrections.

(3) Reception classification boards shall examine and study all persons committed to the Department of Corrections and may retain any prisoner in the reception center only for such period as may be required to complete such examination and study and to effect his transfer to another institution. The board shall investigate each prisoner's medical, psychological, social, educational and vocational condition and history, and the motivation of his offense.

Upon the conclusion of its study of a prisoner, a reception classification board shall submit its report, including its recommendations and the reasons therefor, to the Commissioner of the Department of Corrections. The board's recommendation shall include the classification of the prisoner according to such system of prisoner classification as the Commissioner of the Department of Corrections may establish by regulation, the institution or unit to which the prisoner's transfer is recommended, the degree and kind of custodial control recommended for the protection of society, and the program of treatment for the rehabilitation of the prisoner, including in such program such recommendations for medical and psychological treatment and educational and vocational training as may be appropriate. The board's report may, in addition, contain the dissenting views, if any, of any of its members.

(4) Upon receipt of the reception classification board's report, the Commissioner of the Department of Corrections shall designate the institution or unit to which the prisoner shall be transferred.

(5) A reception center shall forward copies of the report of its reception classification board to the institution to which the prisoner is transferred, to the Parole Board and to the clerk of the court which sentenced the prisoner, to be made a part of such prisoner's file.

(6) The Commissioner of the Department of Corrections may at any time order a prisoner transferred to a reception center for further examination and study and for new recommendations concerning his classification, custodial control and rehabilitative treatment, or he may order such prisoner's immediate transfer to another institution without such further examination and study.

SECTION 204. (1) Within the appropriation allotted therefor, the Commissioner of the Department of Corrections shall construct, equip and maintain suitable buildings, structures and facilities for the operation and for the necessary expansion and diversification of the state correctional system, including prisons, reformatories, reception centers, parole and probation hostels and such other institutions as may be required for the custody, control, correctional treatment and rehabilitation of persons committed to the Department of Corrections.

(2) The Commissioner of the Department of Corrections shall annually review the adequacy of the state correctional system in the light of the number of persons committed thereto as well as in the light of the need for diversified facilities. No later than his next annual report, the commissioner shall report on any inadequacies of the state correctional system, including his recommendations for the alteration or expansion of the existing institutions, for the construction of new institutions, or for such other measures to meet the situation as may be appropriate, whenever the system fails to provide, when practicable, the following institutions:

(a) One or more maximum security institutions accommodating in each such institution or in separate units thereof no more than two thousand (2,000) prisoners;

(b) One or more medium security institutions accommodating in each such institution or in separate units thereof no more than two thousand (2,000) prisoners;

(c) One or more minimum security institutions accommodating in each such institution or in separate units thereof no more than two thousand (2,000) prisoners, which institutions may include unfenced farms, camps, colonies, housing for outside work areas, and similar facilities, and may, in addition to their regular uses, be employed also for parole preparation of prisoners and for the detention of prisoners during temporary suspension of parole, and for other similar purposes;

(d) Special institutional facilities for the vocational and rehabilitative training of young adult offenders, as defined in Section 59 of this act, providing, if need be by separate units, for diversified security and custody;

(e) A medical-correctional facility to keep prisoners with difficult or chronic medical and psychiatric problems, which, if the number of persons committed to the department reaches four hundred (400), is a separate institution;

(f) One or more institutions for female prisoners committed to the department, providing, if need be by separate units, for diversified security and custody.

(3) When the Commissioner of the Department of Corrections finds that certain classes or categories of persons committed to the department require specialized treatment, or treatment of a kind that it is not feasible to provide within the state correctional system, the Commissioner of the Department of Corrections shall seek to place such prisoners in institutions providing such treatment in another jurisdiction, and may agree to pay reimbursement therefor. A prisoner so transferred to an out-of-state institution shall be subject to the rules and regulations of such institution concerning the custody, conduct and discipline of its inmates, but shall remain subject to the provisions of this act concerning his term, reduction of term for good behavior and release on parole.

SECTION 205. (1) The warden or other administrative head of a correctional institution shall establish and maintain, in accordance with the regulations of the department, a central file in the institution containing an individual file for each prisoner. Each prisoner's file shall include: (a) his admission summary; (b) his presentence investigation report; (c) the report and recommendation of the reception classification board; (d) the official records of his conviction and commitment as well as earlier criminal records, if any; (e) progress reports and admission-orientation reports from treatment and custodial staff; (f) reports of his disciplinary infractions, and of their disposition; (g) his parole plan, prepared in accordance with Section 219 of this act; and (h) other pertinent data concerning his background, conduct, associations and family relationships. Each prisoner's file shall be carefully reviewed before any decision is made concerning his classification, reclassification or parole release. The content of the prisoner's files shall be confidential and shall not be subject to public inspection except by court order for good cause shown and shall not be accessible to prisoners in the institution.

(2) The warden or other administrative head in each correctional institution shall appoint a treatment classification committee with himself or his representative as chairman, and consisting of representatives of the treatment, custodial and parole services, of medical, psychiatric or psychological personnel, of personnel concerned with the education and vocational training of inmates, and of such other persons, as he may designate. Members of the treatment classification committee shall serve at the pleasure of the warden or other administrative head.

(3) When a prisoner is transferred to a correctional institution from a reception center or from any other institution, the classification committee of such receiving institution shall, within two (2) months of receiving the prisoner, study his presentence investigation report, his criminal history and escape record, if any, the report of the reception classification board, the admission-orientation reports of the custodial and treatment officers of the institution, the attitudes and preferences of the prisoner and such other relevant information as may be available in the prisoner's file or from other sources and shall aid the warden or other administrative head of the institution in determining the prisoner's program of treatment, training, employment, care and custody.

(4) The classification committee, or a subcommittee thereof designated by the warden or other administrative head, shall review the program of each prisoner at regular intervals and whenever a member of the committee so requests, and shall recommend to the warden such changes in the prisoner's program of treatment, training, employment, care and custody as it considers necessary or desirable.

(5) Approximately three (3) months before a prisoner will be considered by the Parole Board for release on parole, the classification committee shall reexamine the prisoner's individual file, shall prepare a report summarizing and evaluating the prisoner's progress, and may recommend to the warden or other administrative head (a) that the prisoner be reclassified for preparole preparation at that institution or at another institution after transfer thereto or (b) that the prisoner's reclassification for preparole preparation be postponed, for a definite or indefinite period of time, stating the reason for such recommendation in the record. A copy of the classification committee's report shall be forwarded to the Parole Board, and shall be available to such board in advance of the prisoner's hearing before the Parole Board.

(6) The warden or other administrative head of the institution shall have final authority to determine matters of treatment classification within his institution and to recommend to the Commissioner of the Department of Corrections the transfer of any prisoner.

SECTION 206. (1) When an institutional physician finds that a prisoner suffers from a physical disease or defect, or when an institutional physician or psychologist finds that a prisoner suffers from a mental disease or defect, the warden or other administrative head may order such prisoner to be segregated from other prisoners, and if the physician or psychologist, as the case may be, is of the opinion that he cannot be given proper treatment at that institution, the warden or other administrative head shall recommend to the Commissioner of the Department of Corrections that such prisoner be transferred for examination, study and treatment to the medical-correctional facility, if any, or to another institution in the department where proper treatment is available.

(2) When an institutional physician finds upon examination that a prisoner suffers from a physical disease or defect that cannot, in his opinion, be properly treated in any institution in the Department of Corrections, such prisoner, upon the recommendation of the warden or other administrative head and the order of the Commissioner of the Department of Corrections, may receive treatment in, or may be transferred to, for the purpose of receiving treatment in, a hospital outside the Department of Corrections. The Commissioner of the Department of Corrections, shall make appropriate arrangements with other public or private agencies for the transportation to, and for the care, custody and security of the prisoner in, such outside hospital. While receiving treatment in such outside hospital, the prisoner shall remain subject to the jurisdiction and custody of the Department of Corrections, and shall be returned to the Department of Corrections when, prior to the expiration of his sentence, such hospital treatment is no longer necessary.

(3) When two (2) psychiatrists approved by the Department of Health find upon examination that a prisoner suffers from a mental disease or defect that cannot, in their opinion, be properly treated in any institution in the Department of Corrections, such prisoner, upon the recommendation of the warden or other administrative head and the order of the Commissioner of the Department of Corrections, may be transferred for treatment, with the approval of the Department of Health, to a psychiatric facility in such department. The Commissioner of the Department of Corrections shall make appropriate arrangements with the Department of Health for the transportation to, and for the custody and security of the prisoner in such psychiatric facility. A prisoner receiving treatment in such a psychiatric facility shall remain subject to the jurisdiction and custody of the Department of Corrections, and shall be returned to the Department of Corrections when, prior to the expiration of his sentence, treatment in such facility is no longer necessary. A prisoner receiving treatment in a psychiatric facility in the Department of Health who continues in need of treatment at the time of his release or discharge shall be dealt with in accordance with subsection (4) of this section.

(4) When two (2) psychiatrists approved by the Department of Health find upon examination that a prisoner about to be released or discharged from an institution suffers from a mental disease or defect of such a nature that his release or discharge will endanger the public safety or the safety of the prisoner, the Commissioner of the Department of Corrections shall transfer him to, or if he has already been transferred, permit him to remain in the care of the Department of Health to be dealt with in accordance with law applicable to the civil commitment and detention of persons suffering from such disease or defect.

SECTION 207. (1) Upon admission to a state correctional institution, each prisoner shall be given a physical examination, and shall be kept apart from other prisoners for a period of quarantine until he is known to be free from communicable disease and until he has been classified in accordance with Section 205 of this act. Each prisoner shall have regular medical and dental care.

(2) Each prisoner shall be adequately fed and clothed in accordance with regulations of the Department. No prisoner shall be required to wear stripes or other degrading apparel.

SECTION 208. The Commissioner of the Department of Corrections, shall establish an appropriate program for each institution, designed as far as practicable to prepare and assist each prisoner to assume his responsibilities and to conform to the requirements of law. In developing such programs, the commissioner shall seek to make available to each prisoner capable of benefiting therefrom academic or vocational training, participation in productive work, religious and recreational activities and such therapeutic measures as are practicable. No prisoner shall be ordered or compelled, however, to participate in religious activities.

SECTION 209. (1) The warden or other administrative head of each correctional institution shall be responsible for the discipline, control and safe custody of the prisoners therein. No prisoner shall be punished except upon the order of the warden or other administrative head of the institution or of a deputy designated by him for the purpose; nor shall any punishment be imposed otherwise than in accordance with the provisions of this section.

(2) The warden or other administrative head of each correctional institution shall appoint a committee on adjustment from among the staff of the institution, which shall include a member of the treatment service, a member of the custodial service, and an institutional physician. The warden or other administrative head may designate himself or a deputy as chairman of the committee. The committee shall give notice to any prisoner who has been reported for a breach of discipline, shall determine after a hearing whether the prisoner has committed an intentional breach of the rules, and shall recommend to the warden or other administrative head an appropriate disposition of the matter subject to the provisions of this section. No prisoner shall be punished until he has had such a hearing, but the recommendation of the committee shall not be binding on the warden or other administrative head or his deputy.

(3) Except in flagrant or serious cases, punishment for a breach of the rules shall consist of deprivation of privileges. In cases of assault, escape, or attempt to escape, or other serious or flagrant breach of the rules, the committee on adjustment may recommend to the warden or other administrative head, and he may order, that a prisoner's reduction of term for good behavior and faithful performance of duties be forfeited or withheld in accordance with Section 216 of this act. For serious or flagrant breach of the rules, the committee on adjustment, in accordance with the regulations of the department, may also recommend, and the warden or other administrative head may order, that the offender be confined in a disciplinary cell for a period not to exceed thirty (30) days. The committee on adjustment may recommend, and the warden or other administrative head may order, that a prisoner, during all or part of the period of such solitary confinement, be put on a monotonous but adequate and healthful diet. A prisoner in solitary confinement shall be visited by a physician at least once every twenty-four (24) hours.

(4) No cruel, inhuman or corporal punishment shall be used on any prisoner, nor is the use of force on any prisoner justifiable except as provided by Article 3 of this act and the rules and regulations of the department consistent therewith.

(5) The warden or other administrative head of an institution shall maintain a record of breaches of rules, of the disposition of each case, and of the punishment, if any, for each such breach. Each breach of the rules by a prisoner shall be entered in his file, together with the disposition or punishment therefor.

(6) The committee on adjustment shall recommend to the warden or other administrative head that a prisoner who is considered to be incorrigible by reason of frequent intentional breaches of discipline, or who is detrimental to the discipline or the morale of the institution, be reported to the Commissioner of the Department of Corrections for transfer to another institution for stricter safekeeping and close confinement.

SECTION 210. (1) To establish good habits of work and responsibility, for the vocational training of prisoners, and to reduce the cost of prison operation, prisoners shall be employed so far as possible in constructive and diversified activities in the production of goods, services and foodstuffs to maintain the institution and its inmates, for state use and for other purposes expressly authorized by law. To accomplish these purposes, the Commissioner of the Department of Corrections shall establish and maintain prison industries and prison farms in appropriate correctional institutions, and may enter into arrangements with other departments for the employment of prisoners in the improvement of public works and ways and in the improvement and conservation of the natural resources owned by the state.

(2) No prisoner shall be required to engage in excessive labor, and no prisoner shall be required to perform any work for which he is declared unfit by the medical department.

(3) The commissioner shall make rules and regulations governing the hours and conditions of labor of prisoners in correctional institutions, and the rates of prisoners' compensation for employment. In determining the rates of compensation, such regulations may take into consideration the quantity and quality of the work performed by a prisoner whether or not such work was performed during regular working hours, the skill required for its performance, as well as the economic value of similar work outside of correctional institutions. Prisoners' wage payments shall be set aside by the warden or other administrative head in a separate fund. The regulations may provide for the making of deductions from prisoners' wages to defray part or all of the cost of prisoner maintenance, but a sufficient amount shall remain after such deduction to enable the prisoner to contribute to the support of his dependents, if any, to make necessary purchases from the commissary, and to set aside sums to be paid to him at the time of his release from the institution.

(4) The labor or time of any prisoner committed to the Department of Corrections shall not be sold, contracted or hired out, but prisoners may work for other departments of the state in accordance with arrangements made pursuant to subsection (1) of this section.

(5) All departments and agencies of the state, and all institutions and agencies which are supported, in whole or in part, by the state shall purchase from the Department of Corrections all articles and products required by them which are produced or manufactured by prison labor in state correctional institutions, unless excepted from this requirement by the Governor or other appropriate authority in accordance with rules and regulations promulgated by the Governor or other appropriate authority to carry out the purposes of this subsection. The Governor or other appropriate authority may, by rule or regulation, provide for the manner in which standards and qualifications for such articles and products shall be set, for the manner in which the needs of departments, agencies and institutions shall be estimated in advance, for the manner in which the price for such articles and products shall be determined, and for the manner in which purchases shall be made and payment credited.

(6) Within the appropriation allotted therefor, the commissioner shall make appropriate arrangements for the compensation of prisoners for damages from injuries arising out of their employment.

SECTION 211. (1) The Commissioner of the Department of Corrections shall formulate rules or regulations governing compassionate leave from institutions and, in accordance with such rules or regulations, may permit any prisoner to leave his institution for short periods of time, either by himself or in the custody of an officer, to visit a close relative who is seriously ill, to attend the funeral of a close relative, to return to his home during what appears to be his own last illness, or to return to his home for other compelling reasons which strongly appeal to compassion.

(2) The rules or regulations shall provide for the manner in which compassionate leave shall be granted, for its duration, and for the custody, transportation and care of the prisoner during his leave. They shall also provide for the manner in which the expense connected with such leave shall be borne, and may allow the prisoner, or anyone in his behalf, to reimburse the state for such expense.

(3) The Commissioner of the Department of Corrections, on the recommendation of the Parole Board, may grant a pre-parole furlough, not to exceed two (2) weeks, to any prisoner whose parole release date has been fixed in accordance with Section 220 of this act by the Parole Board. The purpose of such a furlough shall be to enable the prisoner to secure employment, to find adequate living quarters for himself and his family, or, generally, to make more effective plans and arrangements towards his release on parole.

SECTION 212. When a prisoner is released from an institution, either on parole or upon final discharge, he shall be returned any personal possessions taken from him upon his commitment, and the warden or other administrative head shall furnish him with decent clothing appropriate for the season of the year, a transportation ticket to the place where he will reside, the earnings set aside for him in the wage fund, and such additional sum of money as may be prescribed by regulation of the department to enable him to meet his immediate needs. If at the time of his release a prisoner is too ill or feeble or otherwise unable to use public means of transportation, the warden or other administrative head may, subject to the rules and regulations of the department, make special arrangements for his transportation to the place where he will reside.

ARTICLE 28

RELEASE ON PAROLE

SECTION 213. For good behavior and faithful performance of duties, the term of a prisoner sentenced to imprisonment for an indefinite term with a maximum in excess of one (1) year, shall be reduced by six (6) days for each month of such term. In addition, for especially meritorious behavior or exceptional performance of his duties, a prisoner may receive further reduction, not to exceed six (6) days, for any month of imprisonment. The total of all such reductions shall be deducted:

(a) From his minimum term of imprisonment, to determine the date of his eligibility for release on parole; and

(b) From his maximum term of imprisonment, to determine the date when his release on parole becomes mandatory.

SECTION 214. For good conduct in conformity with the conditions of parole, a parolee's parole term shall be reduced by six (6) days for each month of such parole term. The total of such reductions shall be deducted:

(a) From his minimum parole term to determine the date of his eligibility for discharge from parole; and

(b) From the maximum of his parole term to determine the date when his discharge from parole becomes mandatory.

SECTION 215. (1) Reductions of term of imprisonment in accordance with Section 213 of this act shall be awarded by the warden of the institution. In the case of reductions for especially meritorious behavior, or exceptional performance of duties, the award shall be made only upon the recommendation of the Committee on Adjustment or similar committee of the institution.

(2) Reductions of parole terms in accordance with Section 214 of this act shall be awarded by the Parole Board.

SECTION 216. (1) Reductions of terms of imprisonment for good behavior and faithful performance of duties may be forfeited, withheld and restored by the warden of the institution after hearing by the Committee on Adjustment of the institution, but no reduction of a prison term shall be forfeited or withheld after a prisoner is released on parole.

(2) Reductions of parole terms for good behavior may be forfeited, withheld and restored by the Parole Board.

SECTION 217. The warden of the institution shall regularly report all reductions of prison terms for good behavior and faithful performance of duties, and all forfeitures and restorations of such reductions to the Commissioner of the Department of Corrections. On the basis of such report, the commissioner shall inform the Parole Board of all prisoners who are expected to become eligible for release on parole or whose release on parole will become mandatory within the next three (3) months.

SECTION 218. Every prisoner sentenced to an indefinite term of imprisonment shall be eligible for release on parole upon completion of his minimum term less reductions granted in accordance with Section 213 of this act, or, if there is no minimum, at any time. Within sixty (60) days before the expiration of such minimum less reductions, or, if there is no minimum, within ninety (90) days of his commitment, the prisoner shall have a hearing before the Parole Board or a member or members designated by the board. The hearing shall be conducted in an informal manner, but a verbatim record of the proceedings shall be made and preserved.

SECTION 219. (1) Each prisoner in advance of his parole hearing shall prepare a parole plan, setting forth the manner of life he intends to lead if released on parole, including such specific information as to where and with whom he will reside and what occupation or employment he will follow. The institutional parole staff shall render reasonable aid to the prisoner in the preparation of his plan and in securing information for submission to the Parole Board.

(2) A prisoner shall be permitted to advise with any persons whose assistance he reasonably desires, including his own legal counsel, in preparing for a hearing before the Parole Board.

SECTION 220. (1) The Parole Board shall render its decision regarding a prisoner's release on parole within a reasonable time after hearing. The decision shall be by majority vote of the Parole Board. The decision shall be based on the entire record before the board, which shall include the opinion of the member who presided at the hearing. In its decision the board shall either fix the prisoner's release date, or it shall defer the case for later reconsideration.

(2) If the board fixes the release date, such date shall be not less than sixty (60) days nor more than six (6) months from the date of the prisoner's parole hearing, or from the date of last reconsideration of his case by the board, unless there are special reasons for fixing an earlier or later release date.

(3) If the board defers the case for later reconsideration, it shall review the record at least once a year until a release date is fixed. The board may in its discretion order a reconsideration or a rehearing of the case at any time.

(4) If the board fixes no earlier release date, a prisoner's release on parole shall become mandatory at the expiration of his maximum term of imprisonment, less reductions allowed in accordance with Section 213 of this act.

SECTION 221. (1) Whenever the Parole Board considers the first release of a prisoner who is eligible for release on parole, it shall be the policy of the board to order his release, unless the board is of the opinion that his release should be deferred because:

(a) There is substantial risk that he will not conform to the conditions of parole; or

(b) His release at that time would depreciate the seriousness of his crime or promote disrespect for law; or

(d) His continued correctional treatment, medical care or vocational or other training in the institution will substantially enhance his capacity to lead a law-abiding life when released at a later date.

(2) In making its determination regarding a prisoner's release on parole, it shall be the policy of the Parole Board to take into account each of the following factors:

(a) The prisoner's personality, including his maturity, stability, sense of responsibility and any apparent development in his personality which may promote or hinder his conformity to law;

(b) The adequacy of the prisoner's parole plan;

(d) The prisoner's intelligence and training;

(e) The prisoner's family status and whether he has relatives who display an interest in him, or whether he has other close and constructive associations in the community;

(f) The prisoner's employment history, his occupational skills and the stability of his past employment;

(g) The type of residence, neighborhood or community in which the prisoner plans to live;

(h) The prisoner's past use of narcotics, or past habitual and excessive use of alcohol;

(i) The prisoner's mental or physical makeup, including any disability or handicap which may affect his conformity to law;

(j) The prisoner's prior criminal record, including the nature and circumstances, recency and frequency of previous offenses;

(k) The prisoner's attitude toward law and authority;

(l) The prisoner's conduct in the institution, including particularly whether he has taken advantage of the opportunities for self-improvement afforded by the institutional program, whether he has been punished for misconduct within six (6) months prior to his hearing or reconsideration for parole release, whether he has forfeited any reductions of term during his period of imprisonment and whether such reductions have been restored at the time of hearing or reconsideration;

(m) The prisoner's conduct and attitude during any previous experience of probation or parole and the recency of such experience.

SECTION 222. Before making a determination regarding a prisoner's release on parole, the Parole Board shall cause to be brought before it all of the following records and information regarding the prisoner:

(a) A report prepared by the institutional parole staff, relating to his personality, social history and adjustment to authority, and including any recommendations which the institutional staff may make;

(b) All official reports of his prior criminal record, including reports and records of earlier probation and parole experiences;

(d) Recommendations regarding his parole made at the time of sentencing by the sentencing judge or the prosecutor;

(e) The reports of any physical, mental and psychiatric examinations of the prisoner;

(f) Any relevant information which may be submitted by the prisoner, his attorney, the victim of his crime or by other persons;

(g) The prisoner's parole plan;

(h) Such other relevant information concerning the prisoner as may be reasonably available.

SECTION 223. A parolee is eligible for discharge from parole upon the satisfactory completion of the minimum parole term less reductions for good behavior.

SECTION 224. If, in the opinion of the Parole Board, a parolee does not require guidance and supervision, the board may dispense with or terminate such supervision. When a parolee is eligible for discharge from parole in accordance with Section 223 of this act, the board may discharge him from parole, if, in its opinion, such discharge is not incompatible with the protection of the public. A parolee's discharge from parole or from recommitment for violation of parole becomes mandatory upon completion of the maximum parole term less reductions for good behavior.

SECTION 225. (1) When a prisoner is released on parole, the Parole Board shall require as a condition of his parole that he refrain from engaging in criminal conduct. The Parole Board may also require, either at the time of his release on parole or at any time and, from time to time, while he remains under parole, that he conform to any of the following conditions of parole:

(a) Meet his specified family responsibilities;

(b) Devote himself to an approved employment or occupation;

(c) Remain within the geographic limits fixed in his certificate of parole, unless granted written permission to leave such limits;

(d) Report, as directed, in person and within thirty-six (36) hours of his release, to his parole officer;

(e) Report in person to his parole officer at such regular intervals as may be required;

(f) Reside at the place fixed in his certificate of parole and notify his parole officer of any change in his address or employment;

(g) Have in his possession no firearm or other dangerous weapon unless granted written permission;

(h) Submit himself to available medical or psychiatric treatment, if the board shall so require;

(i) Refrain from associating with persons known to him to be engaged in criminal activities or, without permission of his parole officer, with persons known to him to have been convicted of a crime;

(j) Satisfy any other conditions specially related to the cause of his offense and not unduly restrictive of his liberty or incompatible with his freedom of conscience.

(2) Before release on parole, a parolee shall be provided with a certificate of parole setting forth the conditions of his parole.

SECTION 226. The Parole Board may in appropriate cases require a parolee, as a condition of his parole, either at the time of his release on parole or at any time and, from time to time, while he remains under parole supervision, to reside in a parole hostel, boarding home, hospital or other special residence facility for such a period and under such supervision or treatment as the board may deem appropriate.

SECTION 227. (1) When a parolee has been returned to the institution, the Parole Board shall hold a hearing within sixty (60) days of his return to determine whether his parole should be revoked. The parolee shall have reasonable notice of the charges filed. The institutional parole staff shall render reasonable aid to the parolee in preparation for the hearing and he shall be permitted to advise with his own legal counsel. At the hearing the parolee may admit, deny or explain the violation charged, and he may present proof, including affidavits and other evidence, in support of his contention. A verbatim record of the hearing shall be made and preserved.

(2) The board may order revocation of parole if it is satisfied, upon substantial evidence, that:

(a) The parolee has failed, without a satisfactory excuse, to comply with a substantial requirement imposed as a condition of his parole; and

(b) The violation of condition involves:

(i) The commission of another crime; or

(ii) Conduct indicating a substantial risk that the parolee will commit another crime; or

(iii) Conduct indicating that the parolee is unwilling to comply with proper conditions of parole.

(3) Parole revocation shall be by majority vote of the board.

SECTION 228. (1) If the parole administrator has reasonable cause to believe that a parolee has violated a condition of parole, he shall notify the Parole Board, and shall cause the appropriate district parole supervisor to submit the parolee's record to the board. After consideration of the records submitted, and after such further investigation as it may deem appropriate, the board may order:

(a) That the parolee receive a reprimand and warning from the board;

(b) That parole supervision and reporting be intensified;

(d) That the parolee be remanded, without revocation of parole, to a residence facility specified in Section 226 of this act for such a period and under such supervision or treatment as the board may deem appropriate;

(e) That the parolee be required to conform to one or more additional conditions of parole which may be imposed in accordance with Section 225 of this act;

(f) That the parolee be arrested and returned to prison, there to await a hearing to determine whether his parole should be revoked.

(2) If a parole officer or district parole supervisor has reasonable cause to believe that a parolee has violated or is about to violate a condition of his parole and that an emergency situation exists, so that awaiting action by the Parole Board under subsection (1) of this section would create an undue risk to the public or to the parolee, such parole officer or district parole supervisor may arrest such parolee without a warrant, and may call on any peace officer to assist him in so doing. The parolee, whether arrested hereunder with or without a warrant, shall be detained in the local jail, lockup or other detention facility, pending action by the Parole Board. Immediately after such arrest and detention, the parole officer or district parole supervisor concerned shall notify the board and submit a written report of the reason for such arrest. After consideration of such written report, the board or a member of the board shall, with all practicable speed, make a preliminary determination, and shall either order the parolee's release from detention or order his return to the institution from which he was paroled, there to await a hearing to determine whether or not his parole shall be revoked. The board's preliminary determination to order the parolee's release from detention shall not, however, be deemed to bar further proceedings under subsection (1) of this section.

SECTION 229. (1) A parolee whose parole is revoked for violation of the conditions of parole shall be recommitted for the remainder of his maximum parole term, after credit thereon for the period served on parole prior to the violation and for reductions for good behavior earned while on parole.

(2) A parolee whose parole has been revoked may be considered by the Parole Board for reparole at any time. He shall be entitled to a hearing and consideration for reparole after serving a further period of imprisonment equal to one-third (1/3) of the remainder of his maximum parole term, or after serving a period of six (6) months, whichever is longer.

(3) Except in the case of a parolee who has absconded from the jurisdiction or from his place of residence, action revoking a parolee's parole and recommitting him for violation of the conditions of parole must be taken before the expiration of his maximum parole term less reductions for good behavior. A parolee who has absconded from the jurisdiction, or from his place of residence, shall be treated as a parole violator and whenever he is apprehended shall be subject to recommitment or to supervision for the balance of his parole term remaining on the date when he absconded.

SECTION 230. (1) If a warrant or detainer is placed against a prisoner by a court, parole agency or other authority of this or any other jurisdiction, the parole administrator shall inquire and seek to determine, before such prisoner becomes eligible for parole, whether the authority concerned intends to execute or withdraw the writ when the prisoner is released.

(2) If the authority notifies the parole administrator that it intends to execute such writ when the prisoner is released, the parole administrator shall advise the authority concerned of the sentence under which the prisoner is held, the time of parole eligibility, any decision of the Parole Board relating to the prisoner, and of the nature of his adjustment during imprisonment, and shall give reasonable notice to such authority of the prisoner's release date.

(3) The Parole Board may parole a prisoner who is eligible for release to a warrant or detainer. If a prisoner is paroled to such a warrant or detainer the Parole Board may provide, as a condition of his release, that if the charges on which the warrant or detainer is based are dismissed, or are satisfied after conviction and sentence, prior to the expiration of his maximum parole term, the authority to whose warrant or detainer he is released shall return him to serve the remainder of his maximum parole term or such part thereof as the board may determine.

(4) If a person paroled to a warrant or detainer is thereafter sentenced and placed on probation, or released on parole in another jurisdiction prior to the expiration of his maximum parole term less reduction for good behavior in this state, the Parole Board may permit him to serve the remainder of his parole term, or such part thereof as the board may determine, concurrently with his new probation or parole term. Such concurrent terms may be served in either of the two (2) jurisdictions, and supervision shall be administered in accordance with the provisions of the Interstate Compact for the Supervision of Parolees and Probationers.

SECTION 231. No court shall have jurisdiction to review or set aside, except for the denial of a hearing when a right to be heard is conferred by law:

(a) The action of an authorized official of the Department of Corrections or of the Parole Board withholding, forfeiting or refusing to restore a reduction of a prison or parole term for good behavior; or

(b) The orders or decisions of the Parole Board regarding, but not limited to, the release or deferment of release on parole of a prisoner whose maximum prison term has not expired, the imposition or modification of conditions of parole, the revocation of parole, the termination or restoration of parole supervision or the discharge from parole or from reimprisonment before the end of the parole term.

ARTICLE 29

LOSS AND RESTORATION OF RIGHTS INCIDENT

TO CONVICTION OR IMPRISONMENT

SECTION 232. (1) No person shall suffer any legal disqualification or disability because of his conviction of a crime or his sentence on such conviction, unless the disqualification or disability involves the deprivation of a right or privilege which is:

(a) Necessarily incident to execution of the sentence of the court; or

(b) Provided by the Constitution or this act; or

(d) Provided by the judgment, order or regulation of a court, agency or official exercising a jurisdiction conferred by law, or by the statute defining such jurisdiction, when the commission of the crime or the conviction or the sentence is reasonably related to the competency of the individual to exercise the right or privilege of which he is deprived.

(2) Proof of a conviction as relevant evidence upon the trial or determination of any issue, or for the purpose of impeaching the convicted person as a witness is not a disqualification or disability within the meaning of this article.

SECTION 233. A person holding any public office who is convicted of a crime shall forfeit such office if:

(a) He is convicted under the laws of this state of a felony or under the laws of another jurisdiction of a crime which, if committed within this state, would be a felony; or

(b) He is convicted of a crime involving malfeasance in such office or dishonesty; or

SECTION 234. Notwithstanding any other provision of law, a person who is convicted of a crime shall be disqualified:

(a) From voting in a primary or election if and only so long as he is committed under a sentence of imprisonment; and

(b) From serving as a juror until he has satisfied his sentence.

SECTION 235. (1) Notwithstanding any other provision of law, the fact that a person has been convicted of a crime or that he is under sentence therefor, whether of imprisonment or otherwise, does not render him incompetent to testify in a legal proceeding.

(2) Upon the order of the circuit court, the warden or other administrative head of an institution in which a prisoner is confined shall arrange for the production of the prisoner to testify at the place designated in the order. Such order shall be issued whenever the court is satisfied that the testimony of the prisoner is required in a judicial or administrative proceeding and that the ends of justice cannot be satisfied by taking his deposition at the institution where he is confined.

(3) Subject to regulations of the Department of Corrections as to institutions subject to its jurisdiction, the warden or other administrative head of an institution in which a prisoner is confined may, in his discretion, permit the prisoner to leave the institution, either alone or in the custody of an officer, for the purpose of testifying in a legal proceeding in which he is a party or has been called as a witness. In granting such permission, the warden or administrative head may require that the prisoner or party calling him to testify defray the reasonable costs of providing for his custody while absent from the institution.

(4) Subject to regulations of the Department of Corrections as to institutions subject to its jurisdiction, the warden or other administrative head of an institution in which a prisoner is confined shall permit the prisoner to give testimony by deposition or in response to interrogatories, when such testimony is desired in a legal proceeding, and shall make suitable arrangements to facilitate the taking of such deposition in the institution.

SECTION 236. (1) A person confined under a sentence of imprisonment shall have the same right to appoint an agent, attorney-in-fact or trustee to act in his behalf with respect to his property or economic interests as if he was not so confined.

(2) Upon the application of a person confined or about to be confined under a sentence of imprisonment, the chancery court of the county where the prisoner resided at the time of sentence or where the sentence was imposed may appoint a trustee to safeguard his property and economic interests during the period of his commitment. The trustee shall have such power and authority as the court designates in the order of appointment but, unless the order otherwise provides, shall have all the power and authority conferred by a general power of attorney.

SECTION 237. (1) In the cases specified in this subsection the court may order that so long as the defendant is not convicted of another crime, the judgment shall not thereafter constitute a conviction for the purpose of any disqualification or disability imposed by law because of the conviction of a crime:

(a) In sentencing a young adult offender to the special term provided by Section 59(2) of this act or to any sentence other than one of imprisonment; or

(b) When the court has theretofore suspended sentence or has sentenced the defendant to be placed on probation and the defendant has fully complied with the requirements imposed as a condition of such order and has satisfied the sentence; or

(c) When the court has theretofore sentenced the defendant to imprisonment and the defendant has been released on parole, has fully complied with the conditions of parole and has been discharged; or

(d) When the court has theretofore sentenced the defendant, the defendant has fully satisfied the sentence and has since led a law-abiding life for at least two (2) years.

(2) In the cases specified in this subsection, the court which sentenced a defendant may enter an order vacating the judgment of conviction:

(a) When an offender has been discharged from probation or parole before the expiration of the maximum term thereof; or

(b) When a defendant has fully satisfied the sentence and has since led a law-abiding life for at least five (5) years.

(3) An order entered under subsection (1) or (2) of this section:

(a) Has only prospective operation and does not require the restoration of the defendant to any office, employment or position forfeited or lost in accordance with this article; and

(b) Does not preclude proof of the conviction as evidence of the commission of the crime, whenever the fact of its commission is relevant to the determination of an issue involving the rights or liabilities of someone other than the defendant; and

(c) Does not preclude consideration of the conviction for purposes of sentence if the defendant subsequently is convicted of another crime; and

(d) Does not preclude proof of the conviction as evidence of the commission of the crime, whenever the fact of its commission is relevant to the exercise of the discretion of a court, agency or official authorized to pass upon the competency of the defendant to perform a function or to exercise a right or privilege which such court, agency or official is empowered to deny, except that in such case the court, agency or official shall also give due weight to the issuance of the order; and

(e) Does not preclude proof of the conviction as evidence of the commission of the crime, whenever the fact of its commission is relevant for the purpose of impeaching the defendant as a witness, except that the issuance of the order may be adduced for the purpose of his rehabilitation; and

(f) Does not justify a defendant in stating that he has not been convicted of a crime, unless he also calls attention to the order.

ARTICLE 30

DEPARTMENT OF CORRECTIONS

SECTION 238. There shall be in the state government a Department of Corrections, which shall be charged with the following responsibilities:

(a) To maintain, administer, and to establish state correctional institutions, including prisons, reformatories, reception centers, parole and probation hostels, state misdemeanant institutions and such other facilities as may be required for the custody, control, correctional treatment and rehabilitation of committed offenders, and for the safekeeping of such other persons as may be remanded thereto in accordance with law;

(b) To administer the release of prisoners under parole supervision and to administer parole services in the institutions and in the community;

(c) To establish personnel standards and supervision policies for all probation services in the state, and to administer probation field services in any county or other governmental subdivision of this state which has no probation service of its own;

(d) To develop policies and programs for the correctional treatment and rehabilitation of offenders committed to institutions in the department;

(e) To establish standards for the management, operation, personnel and program of, and to exercise powers of supervision, visitation and inspection over, all institutions in the state for the detention of persons charged with or convicted of an offense, or for the safekeeping of such other persons as may be remanded thereto in accordance with law, and to close any such institution which is inadequate.

SECTION 239. (1) The Department of Corrections shall be under the direction of the Commissioner of the Department of Corrections, who shall be appointed by the Governor for a term which shall be concurrent with the term of the appointing Governor. His salary shall be fixed by the Legislature within the appropriation therefor.

(2) The Commissioner of Corrections shall:

(a) Supervise and be responsible for the administration of the department;

(b) Establish and administer, with the advice of the Commission of Correction and Community Services, programs and policies for the operation of the institutions in the department, and for the correction and rehabilitation of prisoners;

(d) Appoint and remove subordinate officers of the department, other than the board and Division of Parole, in accordance with law, and delegate appropriate powers and duties to them;

(e) Make rules and regulations for the government, correctional treatment and rehabilitation of prisoners, the administration of institutions in the department, and the regulation of officers and employees under his jurisdiction;

(f) Order the assignment and transfer of prisoners committed to the custody of the Department of Corrections to institutions of the department;

(g) Collect, develop and maintain statistical information concerning offenders, sentencing practices and correctional treatment as may be useful in practical penological research or in the development of treatment programs;

(h) Exercise, in accordance with law, supervisory power over all institutions in the state for the detention of persons charged with or convicted of an offense, or for the safekeeping of such other persons as may be remanded thereto in accordance with law;

(i) Transmit to the Governor annually, on or before the first day of January, a detailed report of the operations of the department for the preceding calendar year, which report shall be transmitted by the Governor to the Legislature;

(j) Exercise all powers and perform all duties necessary and proper in carrying out his responsibilities.

SECTION 240. (1) There shall be in the Department of Corrections the following divisions and independent boards:

(a) Division of Treatment Services;

(b) Division of Custodial Services;

(d) Division of Fiscal Control;

(e) Division of Prison Industries;

(f) Division of Research and Training;

(g) Division of Parole;

(h) Division of Probation;

(i) Commission of Correction and Community Services;

(j) Parole Board.

The Commissioner of the Department of Corrections may, after consultation with and on the advice of the Commission of Correction and Community Services, establish additional divisions, consolidate such additional divisions with other divisions, or abolish them, and he may establish, consolidate or abolish bureaus or other administrative subdivisions in any division.

(2) There shall be in each institution in the Department of Corrections a warden or other administrative head and two (2) associate wardens or administrative heads designated, respectively, as associate warden on treatment and associate warden on custody. The warden in each institution shall be responsible to the Commissioner of the Department of Corrections for the custody, control and correctional treatment of prisoners and for the general administration of the institution. Associate wardens in each institution shall advise and be responsible to the warden, and shall have such powers and duties as the warden may delegate to them in accordance with law or pursuant to the directions of the Commissioner of Corrections.

SECTION 241. (1) The Division of Treatment Services shall be charged with the supervision of programs of education and training, including academic, vocational and industrial training, and correctional treatment and rehabilitation, and parole preparation in the institutions of the department, excepting only institutions for young adult offenders.

(2) The Division of Treatment Services shall be headed by the Deputy Director of Treatment Services, who shall act as the staff advisor of the Commissioner of the Department of Corrections in regard to correctional treatment, and who shall exercise such power and perform such duties as the commissioner may delegate to him. The Deputy Director of Treatment Services shall be appointed by, and serve during the pleasure of, the commissioner. He shall be a person with appropriate experience in the field of education, correctional treatment or rehabilitation and appropriate training in relevant disciplines. His salary shall be fixed by the commissioner within the appropriation therefor.

SECTION 242. (1) The Division of Custodial Services shall be charged with the custody, control, safekeeping, protection and discipline of prisoners in the institutions of the department, excepting only institutions for young adult offenders.

(2) The Division of Custodial Services shall be headed by the Deputy Director for Custodial Services, who shall act as the staff advisor of the Commissioner of the Department of Corrections in regard to matters of custody and discipline, and who shall exercise such powers and perform such duties as the commissioner may delegate to him. The Deputy Director for Custodial Services shall be appointed by, and serve during the pleasure of, the commissioner. He shall be a person with appropriate experience in a position of responsibility in the management of institutions or in law enforcement work. His salary shall be fixed by the commissioner within the appropriation therefor.

SECTION 243. (1) The Division of Young Adult Correction shall be charged with the supervision of institutions and facilities for the custody, control, treatment and rehabilitation of young adult offenders, and in cooperation with the Commission of Correction and Community Services, with the planning and establishment of diversified facilities and programs for the treatment and rehabilitation of young adult offenders.

(2) The Division of Young Adult Correction shall be headed by the Deputy Director for Young Adult Correction, who shall act as the staff advisor of the Commissioner of the Department of Corrections in regard to matters of custody, control and treatment of young adult offenders, and who shall exercise such powers and perform such duties as the commissioner may delegate to him. The Deputy Director for Young Adult Correction shall be appointed by, and serve during the pleasure of, the commissioner. He shall be a person with appropriate experience in the fields of youth guidance, correctional treatment and rehabilitation, or appropriate training in relevant disciplines at a recognized university. His salary shall be fixed by the commissioner with the appropriation therefor.

SECTION 244. (1) The Division of Prison Industries shall be charged with the general supervision of industries in the institutions of the department.

(2) The Division of Prison Industries shall be headed by the Deputy Director for Prison Industries, who shall be the staff advisor of the Commissioner of the Department of Corrections in regard to the industries in the institutions of the department, and who shall exercise such powers and perform such duties as the commissioner may delegate to him. The Deputy Director for Prison Industries shall be appointed by, and serve during the pleasure of, the commissioner. He shall be a person with appropriate experience in the management of institutional industries, or in industrial management. His salary shall be fixed by the commissioner within the appropriation therefor.

SECTION 245. (1) The Division of Fiscal Control shall be charged with the establishment and maintenance of an accounting and auditing system in accordance with the state finance law for the Department of Corrections, its institutions, and all of its divisions, and boards other than the Division of Parole and the Parole Board. The Division of Fiscal Control shall also be responsible for the preparation of the department's proposed annual budget, except for the annual budget of the Division of Parole and the Parole Board, which shall be prepared in accordance with Section 256 of this act.

(2) The Division of Fiscal Control shall be headed by the Deputy Director for Fiscal Control, who shall be the staff advisor of the Commissioner of the Department of Corrections in regard to fiscal matters, and who shall exercise such powers and perform such duties as the commissioner may delegate to him. The Deputy Director for Fiscal Control shall be appointed by, and serve during the pleasure of, the commissioner. He shall be a person with appropriate experience in a position of responsibility in accounting or managerial work, or with appropriate training in relevant disciplines at a recognized university or school of business or administration. His salary shall be fixed by the commissioner within the appropriation therefor.

SECTION 246. (1) The Division of Research and Training shall be charged:

(a) With the collection, development and maintenance of statistical and other information concerning the dispositions by criminal courts of the state, length of sentences imposed and length of sentences actually served, release on parole, success or failure on parole, discharge from parole supervision, success or failure on probation, recidivism, and concerning such other aspects of sentencing practice and correctional treatment as may be useful in practical penological research or in the development of treatment programs; and

(b) With the conduct of training programs designed to equip personnel for duty in the correctional institutions and services of the state and to raise and maintain the educational standards and the level of performance of correctional personnel.

(2) The Division of Research and Training shall be headed by the Deputy Director for Research and Training, who shall be the staff advisor of the Commissioner of the Department of Corrections in regard to all matters of penological research in the department and who shall exercise such powers and perform such duties as the commissioner may delegate to him. The Deputy Director for Research and Training shall be appointed by, and serve during the pleasure of, the commissioner. He shall be a person with appropriate experience in statistical research or research in the social sciences, with appropriate training in relevant disciplines. His salary shall be fixed by the commissioner within the appropriation therefor.

SECTION 247. (1) The Commission of Correction and Community Services shall consist of the Commissioner of the Department of Corrections, the Chairman of the Parole Board, the parole administrator, the probation administrator, the Deputy Director for Treatment Services, the Deputy Director for Young Adult Correction, two (2) judges sitting in courts of general criminal jurisdiction, one (1) of which shall be a youth court judge, designated by the Governor, and four (4) public members, appointed by the Governor, one (1) of whom shall be a psychiatrist and one (1) a professional educator. The judicial and public members shall be appointed for a term of four (4) years; all other members shall serve during their terms of office. The commissioner shall act as chairman of the commission. All members of the commission shall serve without compensation, but each member shall receive per diem and shall be reimbursed for his necessary travel and other expenses actually incurred in the discharge of his duties on the commission.

(2) The Commission of Correction and Community Services shall meet at least every three (3) months, and whenever called into session by the chairman, at the request of the Governor, of the Deputy Director for Young Adult Correction under subsection (4) of this section, of any two (2) or more members of the commission, or on his own motion.

(3) The Commission of Correction and Community Services shall advise the Governor and the Director of Corrections concerning correctional policy and programs, including particularly the following:

(a) The need for, and the development of new or specialized institutions, facilities or programs;

(b) The need for, and the effectuation of collaboration and liaison within the department, and between the department and community agencies and resources, in order to promote the readjustment and rehabilitation of offenders in institutions or under parole or probation supervision in the community;

(c) The need for, and the development of useful researches in penology, correctional treatment, criminal law or in the disciplines relevant thereto.

(4) Whenever requested by the Deputy Director for Young Adult Correction, the Commission of Correction and Community Services shall meet to consider, and to advise the Department of Corrections concerning the need for, and the development of, services and facilities for young adult offenders, and concerning researches necessary or useful in evaluating the effectiveness of correctional treatment of such offenders.

(5) The commission or one or more of its members may visit and inspect any institution, state or local, for the detention of persons charged with or convicted of an offense, and for the safekeeping of such other persons as may be remanded thereto in accordance with law, and may inform and advise the Commissioner of the Department of Corrections in regard to any such institution's physical or other condition, its discipline, management, program and its general adequacy or inadequacy. The commission or one or more of its members shall have full access to the grounds and buildings and to the books and records belonging or relating to any such institution, as well as the right to subpoena witnesses, take proof or hear testimony under oath relating to any such institution.

(6) The commission may employ a staff director and such other personnel as may be necessary to help perform its functions, and may prescribe their duties.

SECTION 248. (1) The Commissioner of the Department of Corrections, or any person to whom he has delegated such power in writing, shall visit and inspect any institution in the state for the detention of persons charged with or convicted of an offense, or for the safekeeping of such other persons as may be remanded thereto in accordance with law. He shall have full access to the grounds, buildings, books and records belonging or relating to any such institution, and may require the warden or other head of such institution to provide information relating thereto in person or in written response to a questionnaire. He shall have the power, in connection with the inspection of any such institution, to issue subpoenas, compel the attendance of witnesses and the production of books, papers and other documents relating to such institution or its officers, and to administer oaths and to take the testimony of persons under oath.

(2) If the commissioner finds, after inspection of an institution, that the laws or regulations relating to the construction, management and affairs of such institution and the care, custody, treatment and discipline of its prisoners are being violated, or that the prisoners are cruelly, negligently or improperly treated, or that there is improper or inadequate provision for their sustenance, clothing, care or other condition necessary to their discipline and welfare, the commissioner may in writing order the warden or other head of such institution to remedy the situation within such period of time as the commissioner may deem appropriate under the circumstances. If the commissioner's order is not complied within the time provided, the commissioner may order the institution to be closed until such time as he finds that his order has been or is being complied with. When an order closing an institution is made, it shall be unlawful to detain or confine any person therein. Whenever an inspection of an institution discloses violation of law in its management or conduct, the commissioner shall report such violation to the appropriate law enforcement official.

SECTION 249. Except as otherwise provided by this act, the officers and employees of the department, its divisions and boards, shall be appointed, promoted and discharged in accordance with the laws governing the State Personnel Board.

ARTICLE 31

BOARD OF PAROLE

SECTION 250. (1) There is hereby created within the Department of Corrections Independent Parole Board, to consist of five (5) members, to be appointed by the Governor from a panel of candidates submitted by the Commission of Correction and Community Services. Members selected shall be persons of good character and judicious temperament who possess specialized skills evidenced by training or past experience in fields related to correctional administration and criminology. At least one (1) member of the board shall be a member of the bar of this state. The term of office of each member of the board shall be six (6) years and until his successor is appointed, except that the members first appointed to the board, one (1) shall be appointed to serve for a term of two (2) years, two (2) for a term of four (4) years and two (2) for a term of six (6) years. A member appointed to fill a vacancy occurring other than by expiration of a term shall be appointed for the remainder of the unexpired term of the member whom he succeeds. Members may be reappointed for additional six-year terms. They may be removed by the Governor solely for corruption or disability, and after an opportunity to be heard. The Governor shall, from time to time, designate one (1) of the members to serve as chairman of the board during such member's term of office.

(2) Each member shall devote full time to the duties of his office, and shall not engage in any other business or profession, or hold any other public office. No member shall, at the time of his appointment or during his tenure, serve as the representative of any political party, or of any executive committee or governing body thereof, or as an executive officer or employee of any political party, organization, association or committee. Each member of the board shall receive an annual salary to be fixed by the Legislature, within the appropriation therefor, and shall be reimbursed for his necessary travel and other expenses actually incurred in the discharge of his duties.

SECTION 251. (1) The Parole Board shall, in accordance with Article 28:

(a) Determine the time of release on parole of prisoners eligible for such release;

(b) Fix the conditions of parole, revoke parole, issue or authorize the issuance of warrants for the arrest of parole violators, and impose other sanctions short of revocation for violation of conditions of parole;

(2) The Parole Board shall, when requested by the Governor, advise him concerning applications for pardon, reprieve, or commutation, and shall when so requested make such investigation and collect such records concerning the facts and circumstances of a prisoner's crime, his past criminal record, social history, and physical, mental or psychiatric condition as may bear on such application.

(3) The Parole Board shall cooperate with the Commission of Correction and Community Services in the development and promotion of effective parole policies.

(4) The Parole Board shall annually, on or before the first day of January, transmit to the Commissioner of the Department of Corrections a detailed report of its work for the preceding calendar year. The annual report shall be transmitted by the commissioner to the Governor for submission to the Legislature.

(5) The board or any member thereof shall have the power, in the performance of official duties, to issue subpoenas, compel the attendance of witnesses, and the production of books, papers and other documents pertinent to the subject of its inquiry, and to administer oaths and to take the testimony of persons under oath.

SECTION 252. (1) The Board of Parole may, from time to time, designate one or more of its members to serve as a young adult division of the board. All decisions of the young adult division shall be by majority vote, but if the young adult division consists of less than three (3) members, its decisions shall not be effective until voted by a majority of a quorum of the whole Parole Board. When the young adult division has been established, it shall have all of the powers and duties of the board in respect to young adult offenders committed to the custody of the Division of Young Adult Correction of the Department of Corrections.

(2) The Parole Board, or if the young adult division has been established, the division shall:

(a) Hold a parole hearing of every young adult offender sentenced in accordance with Section 59 of this act to a term of imprisonment without a minimum and with a maximum of four (4) years, within ninety (90) days of such offender's date of commitment, in order to fix his release date or to defer the case for later reconsideration;

(b) Interview every young adult offender who has been remanded to the Department of Corrections prior to sentence for observation and study in a reception center, to study his record and advise the court of its findings and recommendations before sentence;

(c) Consult with the Deputy Director of Young Adult Correction concerning correctional policy and programs in institutions and treatment facilities serving young adult offenders, and concerning such special programs of intensive correctional and rehabilitative treatment as may be required for such offenders.

ARTICLE 32

ADMINISTRATION OF INSTITUTIONS

SECTION 253. (1) The Commissioner of the Department of Corrections by and with the advice of the Commission of Correction and Community Services shall appoint and assign the wardens or other administrative heads for each of the correctional institutions of the department. The commissioner shall appoint professional, technical, skilled, and other subordinate officers and employees as may be required for the effective administration of the correctional institutions of the department and in the case of institutional employees he shall consider the recommendations of the respective wardens or other administrative heads of institutions.

(2) The governing authorities of the county, municipality or other political subdivision of the state shall appoint and assign the wardens or other administrative heads for each of the correctional institutions of such political subdivision, subject to approval by the commissioner. In the case of correctional institutions serving more than one (1) such political subdivision of the state, the appointment shall be made in the same manner by the governing authorities of such subdivisions acting jointly. The warden or other administrative head of such correctional institution shall appoint professional, technical, skilled, and other subordinate officers and employees as may be required for the effective administration of the correctional institution in accordance with the regulations of the Department of Corrections.

(3) Personnel in the custodial and treatment program of institutions shall have such special training or experience in correctional matters as the commissioner may require.

(4) No male person shall be appointed or assigned to positions involving the immediate supervision and control of female prisoners.

(5) Civilian instructors certified by the State Department of Education shall, as far as practicable, be employed for the academic and vocational training of prisoners.

(6) Each new officer or employee in the custodial or treatment program of a correctional institution shall participate in an institutional training program for new employees. Every officer and employee in the Department of Corrections shall participate in such in-service training programs as the commissioner may require from time to time.

SECTION 254. The warden or other administrative head of each correctional institution in the Department of Corrections and of each correctional institution of a county, city or other appropriate political subdivision of the state shall be its chief executive officer, and, subject to the supervisory authority conferred by law on the Commissioner of the Department of Corrections, shall be responsible for its efficient and humane maintenance and operation, and for its security. The duties and powers of his office shall include the following:

(a) To receive, retain in imprisonment, and to release, in accordance with law, prisoners duly committed to the department and transferred to the institution, or duly committed to the institution;

(b) To enforce the provisions of law and the regulations of the department for the administration of the institution, the government of its officers, and the treatment, training, employment, care, discipline and custody of the prisoners;

(d) To take proper measures to prevent the escape of prisoners and to effect their recapture;

(e) To maintain and improve the buildings, grounds and appurtenances of the institution;

(f) To make recommendations to the director concerning the appointment of professional, technical, skilled and other subordinate officers and employees, in accordance with Section 253(1) in the case of institutions in the Department of Corrections, and to appoint such subordinate officers and employees, in accordance with Section 253(2) of this act in the case of institutions of counties, cities or other political subdivision of the state;

(g) To establish and administer rules, including rules for the operation of the institution and for the proper classification and separation of prisoners therein, consistent with the provisions of this act, the general policies and regulations of the department, and subject to the prior approval of such rules by the commissioner;

(h) To maintain and preserve the central prisoner file, in accordance with Section 194 or Section 205 of this act, and to maintain and preserve records on the management and operation of the institution, including records concerning its industries and the wage funds of prisoners, and to report thereon to the Commissioner of the Department of Corrections at such times as the commissioner may require.

SECTION 255. No female prisoner committed to the department shall be kept in any correctional institution used for the imprisonment of men.

ARTICLE 33

DIVISION OF PAROLE

SECTION 256. (1) The Division of Parole shall be charged with the administration of parole services in the community. The division shall consist of the field parole service and of such other employees as may be necessary in carrying out its functions.

(2) The Division of Parole shall be under the direction of the Parole Administrator, who shall be appointed by, and serve during the pleasure of the Commissioner of the Department of Corrections. The Parole Administrator shall be a person with appropriate experience in a field of correctional administration, or appropriate training in relevant disciplines at a recognized university. His salary shall be fixed by the commissioner within the appropriation therefor.

(3) The Division of Parole shall establish and maintain its own accounting and auditing system in accordance with the state finance laws and shall prepare and submit its own proposed annual budget, including therein, the proposed annual budget of the Parole Board, separate from the proposed annual budget of the Department of Corrections.

SECTION 257. The Parole Administrator shall:

(a) Establish and administer standards, policies and procedures for the field parole service;

(b) Appoint district parole supervisors, field parole officers and such other employees as may be required to carry out adequate parole supervision of all parolees from correctional institutions of the state and prescribe their powers and duties;

(c) Cooperate closely with the Parole Board, the criminal courts, the Deputy Director for Treatment Services, the institutional parole staffs and other institutional personnel;

(d) Make recommendations to the Parole Board in cases of violation of the conditions of parole, issue warrants for the arrest of parole violators when so instructed by the board, notify the wardens or other administrative heads of institutions of determinations made by the board, and upon instruction of the board issue certificates of parole and of parole revocation to the institutions, and certificates of discharge from parole to parolees;

(e) Carry out the provisions of Section 256 of this act in cooperation with the Parole Board.

SECTION 258. (1) The field parole service, consisting of field parole officers working under the immediate direction of district parole supervisors, and under the ultimate direction of the Parole Administrator, shall be responsible for the investigation, supervision and assistance of parolees. The field parole service shall be sufficient in size to assure that no parole officer carries a case load larger than is compatible with adequate parole investigation or supervision.

(2) Field parole officers shall:

(a) Make investigations, prior to a prisoner's release on parole, in cooperation with institutional parole officers and the Parole Board, to determine the adequacy of parole plans submitted by prisoners who are candidates for parole, and made reasonable advance preparations for their release on parole;

(b) Help parolees in conforming to the conditions of parole, and in making a successful adjustment in the community;

(c) Supervise parolees, and in supervising them, visit each parolee's home, from time to time, and require that each parolee report to his parole officer as frequently as may be required in the light of his personality and adjustment, but no less frequently than twice a month during the first year of parole, except in unusual cases;

(d) Admonish parolees who appear in danger of violating the conditions of parole, and report to the appropriate district supervisor serious or persistent violations which may require action by the Parole Board, and, in emergency situations, exercise the power of arrest as provided in Section 228 of this act.

(3) District parole supervisors shall:

(a) Make regular reports to the Parole Administrator concerning the adjustment of parolees under their supervision;

(b) Inform the Parole Administrator when, in the district parole supervisor's opinion, any eligible parolee's conduct and attitude warrant his discharge from supervision, or when any parolee's violation of the conditions of parole is of sufficient seriousness to require action by the Parole Board, and, in emergency situations, exercise the power of arrest as provided in Section 228 of this act.

ARTICLE 34

DIVISION OF PROBATION

SECTION 259. (1) The Division of Probation shall be charged with the general supervision of the administration of probation services in the state, with the establishment of probation policies and standards, and with the administration of field probation services in any county or other governmental subdivision of this state which has no probation service of its own. The division shall consist of the field probation service and of such other employees as, may be necessary, in carrying out its functions.

(2) The Division of Probation shall be under the direction of the probation administrator, who shall be appointed by, and serve during the pleasure of, the Commissioner of the Department of Corrections. The probation administrator shall be a person with appropriate experience in a field of correctional administration, or appropriate training in relevant disciplines at a recognized university. His salary shall be fixed by the commissioner within the appropriation therefor.

SECTION 260. The probation administrator shall:

(a) Supervise the administration of probation services in the state and, with the advice of the Commission of Correction and Community Services, establish policies and standards and make rules and regulations regarding probation investigation, supervision, casework and caseloads, record keeping and the qualification of probation officers;

(b) Keep informed of the operations of all probation departments throughout the state and inquire into their conduct and efficiency, and, in this connection, he shall have access to all probation records and probation offices in the state, and he may issue subpoenas to compel the attendance of witnesses or the production of books and papers;

(d) Appoint district probation supervisors, field probation officers and such other employees as may be required to carry out adequate probation supervision of persons sentenced to probation in any county or other governmental subdivision of this state which has no probation service of its own, and prescribe their powers and duties;

(e) Cooperate closely with the Commission of Correction and Community Services and with the criminal courts.

SECTION 261. The probation administrator, with the advice of the Commission of Correction and Community Services, may direct the extension of probation field services to any county or other governmental subdivision if he finds that such county or other governmental subdivision is not supplying adequate probation services to its criminal courts. The administrator shall determine, after consultation with the criminal courts in the county or other governmental subdivision concerned, the extent and duration of such services to be furnished. The administrator may make agreements with the appropriate authorities concerning partial or full reimbursement to the Department of Corrections for the costs of such services.

SECTION 262. (1) The field probation service, consisting of probation officers working under the immediate direction of district probation supervisors, and under the ultimate direction of the probation administrator, shall be responsible for presentence and other probation investigations and for the supervision of persons sentenced to probation by a court in any county or other governmental subdivision which receives field probation services in accordance with Section 261 of this act. The field probation service shall be sufficient in size to assure that no probation officer carries a caseload larger than is compatible with adequate probation investigation or supervision.

(2) Probation officers shall:

(a) Make presentence and other probation investigations, as may be required by law or directed by the court in which they are serving;

(b) Supervise probationers, and in supervising them, visit each probationer's home, from time to time, and require that he report to the probation officer as frequently as may be required by the order of the court in accordance with Section 184 of this act, or as may be required by the probation officer himself in the light of the probationer's personality and adjustment, but no less frequently than twice a month during the first year of probation, except in unusual cases;

(c) Admonish probationers who appear in danger of violating the conditions of the order of probation, in accordance with Section 184 of this act, and report, in accordance with procedures established by the appropriate district probation supervisor, serious or persistent violations to the sentencing court;

(d) Advise the sentencing court, in accordance with procedures established by the appropriate district probation supervisor, when the situation of a probationer requires a modification of the conditions of the order of probation, or when a probationer's adjustment is such as to warrant termination of probation, in accordance with Section 185 of this act.

(3) District probation supervisors shall:

(a) Establish procedures for the direction and guidance of probation officers under their jurisdiction, and advise such officers in regard to the most effective performance of their duties;

(b) Supervise probation officers under their jurisdiction and evaluate the effectiveness of their casework;

(c) Make regular reports to the probation administrator concerning the activities of probation officers under their jurisdiction and concerning the adjustment of probationers under their supervision.

SECTION 263. Sections 97-1-1, 97-1-7 and 97-1-9, Mississippi Code of 1972, which provide for the criminal offenses of conspiracy and attempts, are repealed.

SECTION 264. Sections 97-3-3 and 97-3-5, Mississippi Code of 1972, which provide for the criminal offense of abortion, are repealed.

SECTION 265. Section 97-3-7, Mississippi Code of 1972, which provides for criminal assaults, is repealed.

SECTION 266. Sections 97-3-19, 97-3-21, 97-3-23, 97-3-25, 97-3-27, 97-3-29, 97�3-31, 97-3-33, 97-3-35, 97-3-37, 97-3-39, 97-3-41, 97-3-43, 97-3-45, 97-3-47, 97-3-49, 99-19-101 and 99-19-103, Mississippi Code of 1972, which provide for various homicide offenses, capital cases sentencing and aiding suicide, are repealed.

SECTION 267. Section 97-3-53, Mississippi Code of 1972, which provides for the criminal offense of kidnapping, is repealed.

SECTION 268. Sections 97-3-85 and 97-3-87, Mississippi Code of 1972, which provide for the offense of criminal threats, are repealed.

SECTION 269. Sections 97-3-65, 97-3-71, 97-3-95, 97-3-97, 97-3-99, 97-3-101 and 97-3-103, Mississippi Code of 1972, which provide for the crimes of rape and sexual assault, are repealed.

SECTION 270. Sections 97-17-1, 97-17-3, 97-17-5, 97-17-7, 97-17-9, 97-17-11 and 97-17-13, Mississippi Code of 1972, which provide for the crime of arson, are repealed.

SECTION 271. Sections 97-17-23, 97-17-25, 97-17-29, 97-17-31, 97-17-33, 97-17-35 and 97-17-37, Mississippi Code of 1972, which provide for the crime of burglary, are repealed.

SECTION 272. Sections 97-3-73, 97-3-75, 97-3-77, 97-3-79, 97-3-81 and 97-3-83, Mississippi Code of 1972, which provide for the crime of robbery, are repealed.

SECTION 273. Section 97-3-82, Mississippi Code of 1972, which provides for the crime of extortion, is repealed.

SECTION 274. Sections 97-17-45, 97-17-47, 97-17-49, 97-17-51, 97-17-53, 97-17-55, 97-17-58, 97-17-59, 97-17-61, 97-17-63 and 97-17-64, Mississippi Code of 1972, which provide for the crime of larceny, are repealed.

SECTION 275. Section 97-17-67, Mississippi Code of 1972, which provides for the crime of malicious mischief, is repealed.

SECTION 276. Section 97-17-70, Mississippi Code of 1972, which provides for the crime of receiving stolen property, is repealed.

SECTION 277. Sections 97-21-1, 97-21-3, 97-21-7, 97-21-9, 97-21-11, 97-21-13, 97-21-15, 97-21-17, 97-21-19, 97-21-21, 97-21-23, 97-21-25, 97-21-27, 97-21-29, 97-21-31, 97-21-33, 97-21-35, 97-21-37, 97-21-39, 97-21-41, 97-21-43, 97-21-45, 97-21-47, 97-21-49, 97-21-51, 97-21-53, 97-21-55, 97-21-57, 97-21-59, 97-21-61 and 97-21-63, Mississippi Code of 1972, which provide for the crime of forgery, are repealed.

SECTION 278. Sections 97-19-7, 97-19-9, 97-19-11, 97-19-13, 97-19-15, 97-19-17, 97-19-19, 97-19-21, 97-19-23, 97-19-25, 97-19-27, 97-19-29 and 97-19-31, Mississippi Code of 1972, which provide for the crime of fraudulent use of credit cards, are repealed.

SECTION 279. Sections 97-19-55 and 97-19-67, Mississippi Code of 1972, which provide for the crime of fraud for issuing bad checks, are repealed.

SECTION 280. Sections 97-29-13 and 97-29-15, Mississippi Code of 1972, which provide for the crime of bigamy, are repealed.

SECTION 281. Sections 97-29-5, 97-29-27 and 97-29-29, Mississippi Code of 1972, which provide for the crime of incest, are repealed.

SECTION 282. Section 97-29-31, Mississippi Code of 1972, which provides for the crime of indecent exposure, is repealed.

SECTION 283. Sections 97-9-5, 97-9-7, 97-9-9, 97-9-10, 97-11-11, 97-11-13, 97-11-53, 97-13-1 and 97-13-3, Mississippi Code of 1972, which provide for the crime of bribery, are repealed.

SECTION 284. Sections 97-9-59, 97-9-61, 97-9-63 and 97-9-65,

Mississippi Code of 1972, which provide for the crime of perjury,

are repealed.

SECTION 285. Sections 97-9-45, 97-9-47 and 97-9-49, Mississippi Code of 1972, which provide for the crime of escape, are repealed.

SECTION 286. Section 97-29-47, Mississippi Code of 1972, which provides for the crime of public drunkenness, is repealed.

SECTION 287. Sections 97-41-1, 97-41-5, 97-41-7, 97-41-9 and 97-41-11, Mississippi Code of 1972, which provide for the crime of cruelty to animals, are repealed.

SECTION 288. Section 47-1-1, Mississippi Code of 1972, is brought forward as follows:

47-1-1. Every convict sentenced to imprisonment in the county jail, or to such imprisonment and the payment of a fine, or the payment of a fine, shall be committed to jail, and shall remain in close confinement for the full time specified for imprisonment in the sentence of the court, and in like confinement until the fine, costs and jail fees be fully paid, unless discharged in due course of law, or as hereinafter provided. But no convict shall be held in continuous confinement under a conviction for any one (1) offense for failure to pay fine and costs in such case for a period of more than two (2) years.

SECTION 289. Section 47-1-3, Mississippi Code of 1972, is brought forward as follows:

47-1-3. It is the imperative duty of the board of supervisors in each county in this state to require each convict sentenced to imprisonment in the county jail and the payment of a fine and costs, or to imprisonment and payment of costs, or to payment of fine and costs, to work out the sentence on the county convict farm or on the public roads or other public works of the county, or in a contiguous county, as herein provided. But any convict who is sentenced to the payment of a fine and costs and who pays such fine and costs shall thereby be relieved from working out such fine and costs, but the payment in full of such fine and costs shall not relieve such convict from working out the full time of his imprisonment as adjudged in his sentence. The board of supervisors of any county, however, may by an order spread upon its minutes, giving the reason therefor, and with the approval of the circuit judge of the district, discharge any aged or infirm convict upon his making an affidavit of his insolvency and inability to pay the fine and costs, and filing same with the clerk of the board of supervisors at any time after the expiration of his imprisonment.

SECTION 290. Section 47-1-5, Mississippi Code of 1972, is brought forward as follows:

47-1-5. In order to carry out the provisions of Section 47-1-3, the board of supervisors of each county in this state are authorized and directed, whenever it may be necessary to buy or lease a sufficient number of acres of land within reasonable and convenient distance of the county jail to be used by the county as a county convict farm. They are also authorized to make any necessary improvements thereon, such as erecting necessary and convenient buildings, clearing, terracing and ditching and leveeing, or otherwise repairing and improving such farm, so that it may be suitable to be used as a farm upon which to work the convicts committed to the county jail, and they shall employ a competent and suitable person to be known as foreman of county farm to superintend such convict farm and manage it and to work the convicts sentenced to the county jail thereon. The board of supervisors in each county shall also have full and complete authority to buy, or rent necessary mules or horses, tractors, farming tools and implements and all other necessary things incidental to the successful operation of such convict farm in such numbers and amounts as they may reasonably contemplate will be necessary to successfully operate such farm, having in view, first, the continuous employment of all the convicts able to work thereon at remunerative labor, and second, the operation of said farm in the most economical manner consistent with the continuous working of such convicts.

SECTION 291. Section 47-1-7, Mississippi Code of 1972, is brought forward as follows:

47-1-7. In any county where there are not a sufficient number of convicts to make it economically feasible for such county to own and operate a county convict farm as provided for by law, the board of supervisors of any such county may agree with the board of supervisors of any contiguous county to own and operate in common with such contiguous county, a county convict farm upon which prisoners of both such counties may be detained and required to work. In like manner the board of supervisors of any county in which there are not a sufficient number of convicts to make it economically feasible to own and operate a county convict farm, may make similar arrangements with any city, town or village within said county to own and operate said farm in connection with said city, town or village. In any county where there are not a sufficient number of convicts to make it economically feasible for such county to own a farm or to own and operate a farm with a contiguous county or with a city or town, the board of supervisors of such county may contract with the board of supervisors of any contiguous county or with any county in the same circuit or chancery court district, to have its prisoners worked by the contiguous county or counties in the same circuit or chancery court district upon payment made to the board of supervisors of such contiguous county or counties in the same circuit or chancery court district for the purpose of detaining and working such prisoners. The terms of such a contract are to be agreed upon by and between the two contracting boards and the same shall not be in violation of the law. Where the board of supervisors of one county so contracts to work convicts of another county, all the provisions of Sections 47-1-1 through 47-1-37, Sections 47-1-41, 47-1-45, 47-1-47, and 47-1-61, Mississippi Code of 1972, and Section 226 of the Constitution in regard to the working of convicts shall apply to the convicts contracted for as herein provided; and the name of the convict or convicts may be entered on the jail docket of the county contracting to detain and work the convict or convicts, together with all other information required by Section 47-1-21.

SECTION 292. Section 47-1-9, Mississippi Code of 1972, is brought forward as follows:

47-1-9. In any county where it is clearly more advantageous to the county to work the county convicts or some of them on the public roads of the county, or on other works of the county exclusively public in their character, the board of supervisors shall have the authority so to order, and in such cases the board shall establish all proper regulations for the working, guarding, safekeeping, clothing, housing and subsistence of convicts while so working, and shall provide all the necessary equipment for such purpose. The board shall establish regulations for the discipline of convicts on said works, and on county farms, when a convict is persistently idle or refractory, and may enforce such regulations by penalties.

SECTION 293. Section 47-1-11, Mississippi Code of 1972, is brought forward as follows:

47-1-11. If any convict committed to the county jail is physically unable to do any kind of manual labor, then, upon the certificate of the county health officer or physician designated by the board of supervisors of the county, to this effect, such convict shall not be required, during the period of such physical disability, to perform manual labor on the convict farm. But all convicts shall be required each day to do and perform such work as they are physically able to do and perform and which will not impair the health of such convict, or as is not inhumane to require of him.

SECTION 294. Section 47-1-13, Mississippi Code of 1972, is brought forward as follows:

47-1-13. Any person being held in the county jail in default of bail to await trial, except those held for treason, murder, arson, or rape, and except such as the sheriff may deem it improper to let out, may on application to the sheriff of the county, be allowed to work on the county farm or on the public roads or other county public works as other convicts are worked and at the same wage. The board of supervisors shall settle with prisoners so working at their regular meetings monthly. But if it appears that it is not to the best interest of the county to work such prisoners, the board may decline at any time to employ them.

SECTION 295. Section 47-1-15, Mississippi Code of 1972, is brought forward as follows:

47-1-15. Any convict working under the direction of the board of supervisors who renders efficient services and complies with all necessary rules and regulations may have deducted from the term of his imprisonment one-fourth (1/4) thereof.

SECTION 296. Section 47-1-17, Mississippi Code of 1972, is brought forward as follows:

47-1-17. No convict shall be credited with any wages during the time of his or her escape; and if any convict escapes while being worked on a public road, or works or county farm, he or she may be pursued and retaken by any person, or officer authorized to make arrests, or board, or any one entitled to the custody or services of said convict; and when retaken such convict shall be required to work out the balance of his term of hire, not counting the period of such escape, even if the term of imprisonment and the time for which such convict was first hired had expired before the recapture. Such convict shall be liable to indictment for such escape and liable to the same punishment as for an escape from the custody of the county jail.

SECTION 297. Section 47-1-19, Mississippi Code of 1972, is brought forward as follows:

47-1-19. (1) It is unlawful for any county-housed state inmate or county prisoner or prisoners to be leased or hired to any individual or corporation for any purpose whatsoever. Nor shall they be worked under any contractor; but in working them on county farms, or on the public roads or on any other work, which work must be of an exclusively public character, they shall be under exclusive official control and management.

(2) (a) It is lawful for a state, county or municipality to provide prisoners for public service work for nonprofit charitable organizations as defined under Section 501(c)(3) of the Internal Revenue Code if that nonprofit charitable organization provides food to charities. In addition, it is lawful for a state, county or municipality to provide prisoners for public service work for churches according to criteria approved by the Department of Corrections.

(b) The prisoners participating in the public service work under paragraph (a) shall remain under the exclusive control and management of the county or municipality.

(c) A prisoner performing public service work under this subsection shall be entitled to earned credits as provided under this chapter.

SECTION 298. Section 47-1-21, Mississippi Code of 1972, is brought forward as follows:

47-1-21. The sheriff of each county shall keep a well bound alphabetical jail docket. In it he shall promptly enter under the proper initial the name, age, color and sex of each convict, the date of his or her commitment, each day worked on the county farm, time required to be served and amount of fine and costs and the jail fees charged against the prisoner and the date of discharge.

The sheriff shall submit his docket to the board of supervisors at each of their regular meetings, and the same shall be examined carefully by the president of the board, and by any other members who desire to examine the same, in the presence of the board while in session.

SECTION 299. Section 47-1-23, Mississippi Code of 1972, is brought forward as follows:

47-1-23. It shall be unlawful for convicts of different sexes to be confined or worked together.

SECTION 300. Section 47-1-25, Mississippi Code of 1972, is brought forward as follows:

47-1-25. Each county officer or officers, for any district of a county shall at all times have free access to convicts in the custody of any official for the purpose of investigating their condition and treatment. The sheriff or his deputies shall visit the convict camp or county farms where the convicts of his county are kept or worked at least once in every month and more often if necessary. He shall make a thorough inspection and investigation of the treatment of convicts and report the same in writing to the board of supervisors. For failure to perform duty in this respect the board of supervisors may fine the sheriff Twenty-five Dollars ($25.00).

SECTION 301. Section 47-1-27, Mississippi Code of 1972, is brought forward as follows:

47-1-27. An official, or guard, or other employee, having the custody of any county prisoner, or any official or employee of the county having custody of any county prisoner, who shall maltreat or abuse any such convict, or who shall knowingly permit the same to be done, or who being under duty to provide sufficient and wholesome food, clothing, shelter, bathing facilities, or medical attention to such convict, shall willfully fail to furnish the same to such convict, shall be deemed guilty of a misdemeanor, and on conviction shall be fined in any sum not less than Ten Dollars ($10.00) nor more than Five Hundred Dollars ($500.00), or shall be imprisoned not less than one (1) month, or shall suffer both such fine and imprisonment, in the discretion of the court, and it shall be the duty of the judge of the circuit court of such county to so charge the grand jury.

SECTION 302. Section 47-1-29, Mississippi Code of 1972, is brought forward as follows:

47-1-29. On complaint by or on behalf of any convict to any county or county district officer, that such convict had been improperly treated in any respect, it shall be the duty of such officer at once to investigate the complaint, and if it is believed to be well founded, to report the facts to the president of the board of supervisors, or to the board in session. Upon such report the board shall cite the person complained of to appear before it, and such action shall be taken by the board as shall be proper.

SECTION 303. Section 47-1-31, Mississippi Code of 1972, is brought forward as follows:

47-1-31. Each grand jury which is impaneled shall examine the records of county prisoners and their treatment and condition and report the same to the court.

SECTION 304. Section 47-1-33, Mississippi Code of 1972, is brought forward as follows:

47-1-33. The sheriff on receiving each convict shall furnish such convict with a certificate showing the amount of the fine and costs, as far as the costs are then known, the beginning and length of his term of imprisonment. The convict shall be allowed to have and keep such certificate on or about his person, if he so desires.

SECTION 305. Section 47-1-35, Mississippi Code of 1972, is brought forward as follows:

47-1-35. (1) The board of supervisors of any county that now maintains and operates a county penal farm, commonly known as a "county farm," which farm contains more than five hundred (500) acres and less than six hundred (600) acres of land, which said farm has been continuously operating at a loss to the county for a period of five (5) years or more, and provided said county contains at least four hundred (400) square miles of territory and less than four hundred twenty-five (425) square miles of territory within its boundaries, shall sell, at public sale after receiving bids as required by law for the letting of public contracts, to the highest and best bidder for cash, said county farm; provided, however, that the said board shall retain for the benefit of the county and shall reserve from said sale, at least one-half (1/2) of the mineral rights and interests in said lands, with full right in the said board, in its discretion, to lease said retained and reserved mineral interests and rights, to the highest and best bidder after receiving bids therefor in the same manner, at the same or any other time.

(2) Any and all amounts received from such sale of said lands and from such lease of said mineral interests or rights, shall be, on receipt by the board, applied to the payment of the bonded indebtedness of said county.

SECTION 306. Section 47-1-37, Mississippi Code of 1972, is brought forward as follows:

47-1-37. In the cultivation of crops and the gathering thereof if it shall appear necessary, from the lack of convict labor, the board of supervisors may employ free labor at current prices to work on a county convict farm until such time as the convict labor may become sufficient to complete and gather the crops started on such a farm, and pay for the same out of the county treasury.

SECTION 307. Section 47-1-39, Mississippi Code of 1972, is brought forward as follows:

47-1-39. (1) The governing authorities of municipalities shall have the power to construct and maintain a municipal prison, and to regulate the keeping of the same and the prisoners therein, and to contract with the board of supervisors, which is empowered in the premises, for the use of the county jail by the municipality; and to provide for the working of the streets by municipal prisoners, and to contract with the county for such work by county prisoners or the working of county roads by municipal prisoners, or for working same on the county farms. Municipal prisoners shall be worked on county roads or county farms only in the county in which the municipality is situated. Males and females shall be confined in separate cells or compartments.

(2) The municipality shall pay the tuition, living and travel expenses incurred by a person attending and participating in the basic and continuing education courses for jail officers.

SECTION 308. Section 47-1-41, Mississippi Code of 1972, is brought forward as follows:

47-1-41. (1) Any person convicted of violating any ordinance of any city, town or village in this state and sentenced to pay a fine and costs therefor, and failing to do so, may be worked on the streets or other public works of the municipality in the custody of the street commissioner, or other person designated by the mayor and board of aldermen, or councilmen of such municipality and at its expense, and shall receive credit on such fine and costs as provided in Section 99-19-20 for each day so worked, and such municipality shall accord the same treatment to its convicts that is required by this chapter to county convicts. The responsibility of carrying out the provisions of this section shall devolve on the mayor and board of aldermen or board of councilmen of each municipality with reference to its convicts. In the event it is, in the judgment of the ruling authorities of any village in the state or of any small town in the state, unprofitable to work the convicts as above provided, then such village or town may contract with the board of supervisors of the county at the best price and take and work such convicts on the county farm, but the convict shall receive credit at the rate provided in Section 99-19-20 for each day worked.

(2) If a convict is unable to work or if the city, town or village is unable to provide work for the convict, the convict shall receive the credit provided in Section 99-19-20 for each day of confinement.

SECTION 309. Section 47-1-43, Mississippi Code of 1972, is brought forward as follows:

47-1-43. The board of supervisors of any county and the governing authorities of any municipality located within such county are hereby authorized to enter into agreements providing for the keeping of persons arrested for offenses committed within the county in which such municipality is located in the jail facilities of such municipality pending trial of such person. Such agreements may provide for the payment to the municipality by the board of supervisors from any available funds of the county of a sum not to exceed Five Dollars ($5.00) for each day or part thereof during which an offender may be confined in the jail of the municipality.

SECTION 310. Section 47-1-45, Mississippi Code of 1972, is brought forward as follows:

47-1-45. The board of supervisors of each county is authorized to make contract with any village or small town within the county to work its convicts on the county farm. But in agreeing to take and work such convicts the board of supervisors shall not agree to pay more per day for the labor of any municipal convict than in its judgment the labor of such convict is worth to the county, in order that in the working of such municipal convicts the county shall not do so at a loss to the county.

SECTION 311. Section 47-1-47, Mississippi Code of 1972, is brought forward as follows:

47-1-47. (1) Every county or municipal convict shall be comfortably clothed at the expense of the county or municipality, but all clothing furnished shall remain the property of the county or municipality, and shall be thoroughly fumigated and disinfected before being allotted to a convict after having been used by another, and every convict shall be sufficiently fed, to maintain his body and induce his good health, with substantial and suitable food to be furnished and prepared and paid for by the county or municipality. Every convict, for each day's work he is required to do, shall receive credit on his fine and costs assessed against him at the rate provided under Section 99-19-20, until such fine and costs are fully paid. In case the convict is serving a sentence of imprisonment, each day that he works in serving such sentence shall entitle him credit for equal time on his sentence of imprisonment, but in no instance shall a convict receive credit on the fine and costs and on the time sentenced to imprisonment for the same work. No convict shall be allowed to labor more than eight (8) hours per day, but shall be required, when able, to perform eight (8) hours labor each day.

(2) If a convict is unable to work or if the county or the municipality is unable to provide work for the convict, the convict shall receive the credit provided in Section 99-19-20 for each day of imprisonment.

SECTION 312. Section 47-1-49, Mississippi Code of 1972, is brought forward as follows:

47-1-49. In the case of a jail owned jointly by a county and municipality, under the provisions of Section 17-5-1, the governing authorities of the county and municipality are hereby vested with full and complete authority, jurisdiction and control over such jointly owned jail facility and the governing authority of the municipality may appoint a jailer who shall be responsible for all municipal prisoners lodged in said jail in the same manner in which the sheriff is responsible for state prisoners, and such jailer shall have the same right of access to the jail as the sheriff.

SECTION 313. Section 47-1-51, Mississippi Code of 1972, is brought forward as follows:

47-1-51. The jailer of a jail jointly owned by a county and a municipality shall, in regard to municipal prisoners, provide daily wholesome and sufficient food and drink, fire and lights when necessary and proper, and sufficient and clean bedding for all such prisoners committed to the jail, either before or after conviction. Any prisoner may, if he thinks fit, supply himself with meat and drink and bedding, but the same shall pass through the hands of the jailer to the prisoner.

SECTION 314. Section 47-1-55, Mississippi Code of 1972, is brought forward as follows:

47-1-55. In the case of a jail jointly owned by a county and a municipality, the circuit judge in the district in which such jail is located, upon the request and recommendation of either the sheriff of the county or the marshal or chief of police of the municipality involved in the joint ownership, may authorize additional jail guards in cases of emergency and the cost thereof shall be paid in equal proportions by the county and municipality involved.

SECTION 315. Section 47-1-57, Mississippi Code of 1972, is brought forward as follows:

47-1-57. (1) When any person confined in jail shall be in need of medical or surgical aid, the sheriff shall immediately examine the condition of such prisoner and, if he is of the opinion that the prisoner needs such aid, he shall call in a nurse or physician to attend him. If the prisoner be unable to pay the cost, the account of the nurse or physician, when allowed and certified as required in respect to accounts of sheriffs for keeping prisoners, shall be paid, in like manner, out of the treasury of the county in which a prisoner is charged with the crime for which he is imprisoned. The board of supervisors may contract with a physician for the jail by the year.

(2) The board of supervisors of any county may authorize the sheriff to establish a program under which prisoners expressing the need for nonemergency medical attention will have access to a registered nurse who will evaluate their condition and determine the necessity for treatment by a physician. Charges for such a visit with a registered nurse shall be paid by the prisoner by deductions made by the sheriff out of any funds of the prisoner held by the sheriff or in any other manner satisfactory to the sheriff; however, such prisoner shall not be required to pay out of funds of the prisoner held by the sheriff, more than Ten Dollars ($10.00) per visit. If the prisoner is unable to pay the cost, the cost shall be paid out of the county treasury in the same manner as provided for payment of other medical costs in subsection (1) of this section.

SECTION 316. Section 47-1-59, Mississippi Code of 1972, is brought forward as follows:

47-1-59. (1) When the sheriff, marshal or any other peace officer of this state has in his lawful custody a prisoner who, through accident, injury or illness, is in need of hospitalization, such officer may take such prisoner to the nearest hospital in the county or if there be no hospital in that county, to the nearest hospital in an adjacent county and if upon arrival at such hospital any physician licensed to practice medicine in this state certifies that in his opinion such prisoner is in need of hospitalization, such prisoner shall be hospitalized in such hospital for as long as in the opinion of such physician it is necessary to so hospitalize such prisoner. If, in the opinion of the sheriff or other peace officer having custody of such prisoner at the time he is delivered to the aforesaid hospital, or in the opinion of the director of the university hospital if the prisoner be brought to that institution, it is necessary that he be placed under guard while a patient at such hospital, the sheriff of the county in which the crime he was placed in custody for committing was alleged to have taken place, shall furnish the aforesaid guard. When the aforesaid physician or other reputable physician shall certify that hospitalization no longer is needed, the prisoner shall be returned to the original place of detention.

(2) The actual expense of guarding the prisoner in the hospital shall be paid out of the general funds of the county where the prisoner was originally confined or arrested. The expense contracted incident to the hospitalization aforesaid shall be paid by the prisoner; otherwise he may be hospitalized as a state aid patient. However, if the prisoner is ineligible for state aid or the amount available for hospitalization as a state aid patient is inadequate to pay all such hospital expense of a prisoner who is financially unable to pay his own expenses, the board of supervisors of the county where the prisoner was originally confined or arrested shall, upon presentation of the certificate of the physician certifying that said prisoner was in need of hospitalization, pay from the general funds of the county the reasonable and customary charges for such services or as much thereof as is not paid by state aid. Any such payment to a hospital shall be discretionary with the board of supervisors if its county supports the hospital involved by a special tax levy for its operation and maintenance.

SECTION 317. Section 47-1-61, Mississippi Code of 1972, is brought forward as follows:

47-1-61. Any sheriff or other person having lawful custody of any convict who shall fail to discharge such convict when he shall have served the full time of his sentence and fully paid his fine and the costs charged against him, shall be guilty of a misdemeanor and punished accordingly.

SECTION 318. Section 47-1-63, Mississippi Code of 1972, is brought forward as follows:

47-1-63. No person shall be deemed to be a resident of a county solely because of being incarcerated in a facility under the jurisdiction of the Department of Corrections that is located in such county.

SECTION 319. Section 47-4-1, Mississippi Code of 1972, is brought forward as follows:

47-4-1. (1) It is lawful for there to be located within Wilkinson County and Leflore County a correctional facility operated entirely by a private entity pursuant to a contractual agreement between such private entity and the federal government, any state, or a political subdivision of any state to provide correctional services to any such public entity for the confinement of inmates subject to the jurisdiction of such public entity. Any person confined in such a facility pursuant to the laws of the jurisdiction from which he is sent shall be considered lawfully confined within this state. The private entity shall assume complete responsibility for the inmates and shall be liable to the State of Mississippi for any illegal or tortious actions of such inmates.

(2) The Department of Corrections shall contract with the

Board of Supervisors of Leflore County for the private

incarceration of not more than one thousand (1,000) state inmates at a facility in Leflore County. Any contract must comply with the requirements of Section 47-5-1211 through Section 47-5-1227.

(3) It is lawful for any county to contract with a private entity for the purpose of providing correctional services for the confinement of federal inmates subject to the jurisdiction of the United States. Any person confined in such a facility pursuant to the laws of the United States shall be considered lawfully confined within this state. The private entity shall assume complete responsibility for the inmates and shall be liable to the county or the State of Mississippi, as the case may be, for any illegal or tortious actions of the inmates.

(4) It is lawful for there to be located within any county a correctional facility operated entirely by a private entity and the federal government to provide correctional services to the United States for the confinement of federal inmates subject to the jurisdiction of the United States. Any person confined in a facility pursuant to the laws of the United States shall be considered lawfully confined within this state. The private entity shall assume complete responsibility for the inmates and shall be liable to the State of Mississippi for any illegal or tortious actions of the inmates.

A person convicted of simple assault on an employee of a private correctional facility while such employee is acting within the scope of his or her duty or employment shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than five (5) years, or both.

A person convicted of aggravated assault on an employee of a private correctional facility while such employee is acting within the scope of his or her duty or employment shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than thirty (30) years, or both.

(5) The Department of Corrections may contract with the Tallahatchie County Correctional Facility authorized in Chapter 904, Local and Private Laws of 1999, for the private incarceration of not more than one thousand (1,000) state inmates at a facility in Tallahatchie County. Any contract must comply with the requirements of Section 47-5-1211 through Section 47-5-1227. No state inmate shall be assigned to the Tallahatchie County Correctional Facility unless the inmate cost per day is at least ten percent (10%) less than the inmate cost per day for housing a state inmate at a state correctional facility.

(6) If a private entity houses state inmates, the private entity shall not displace state inmate beds with federal inmate beds unless the private entity has obtained prior written approval from the Commissioner of Corrections.

(7) It is lawful for there to be located within Leflore County a correctional facility operated entirely by a private entity pursuant to a contractual agreement between such private entity and the federal government, the State of Mississippi, or Leflore County for the incarceration of federal inmates. Such correctional facility may include a separate Leflore County jail which may be located on or adjacent to the correctional facility site. To further the provisions of this subsection:

(a) Any private entity, the State of Mississippi, or Leflore County may enter into any agreement regarding real property or property, including, but not limited to, a lease, a ground lease and leaseback arrangement, a sublease or any other lease agreement or arrangement, as lessor or lessee. Such agreements shall not exceed forty (40) years. The Department of Corrections may enter such agreements or arrangements on behalf of the State of Mississippi;

(b) The powers conferred under this subsection shall be additional and supplemental to the powers conferred by any other law. Where the provisions of this subsection conflict with other law, this subsection shall control; and

(c) The private entity shall assume complete responsibility for the inmates and shall be liable to the State of Mississippi for any illegal or tortious actions of the inmates.

SECTION 320. Section 47-4-3, Mississippi Code of 1972, is brought forward as follows:

47-4-3. (1) Before a private correctional facility may be located in the county, the board of supervisors shall by resolution duly adopted and entered on its minutes specify the location of the facility, the nature and size of the facility, the type of inmates to be incarcerated and the identity of the private entity which will operate the facility. The board shall publish a notice as hereinafter set forth in a newspaper having general circulation in such county. Such notice shall include location of the facility, the nature and size of the facility, the type of inmates to be incarcerated and the identity of the entity which will operate the facility. Such notice shall include a brief summary of the provisions of this section pertaining to the petition for an election on the question of the location of the private correctional facility in such county. Such notice shall be published not less than one (1) time each week for at least three (3) consecutive weeks in at least one (1) newspaper having general circulation in the county.

(2) If a petition signed by twenty percent (20%), or fifteen hundred (1500), whichever is less, of the qualified electors of the county is filed within sixty (60) days of the date of the last publication of the notice with the board of supervisors requesting that an election be called on the question of locating such facility, then the board of supervisors shall adopt a resolution calling an election to be held within such county upon the question of the location of such facility. Such election shall be held, as far as practicable, in the same manner as other elections are held in counties. At such election, all qualified electors of the county may vote, and the ballots used at such election shall have printed thereon a brief statement of the facility to be constructed and the words "For the construction of the private correctional facility in (here insert county name) County" and "Against the construction of the private correctional facility in (here insert county name) County." The voter shall vote by placing a cross (X) or check mark (�) opposite his choice on the proposition. When the results of the election on the question of the construction of the facility shall have been canvassed by the election commissioners of the county and certified by them to the board of supervisors, it shall be the duty of the board of supervisors to determine and adjudicate whether or not a majority of the qualified electors who voted thereon in such election voted in favor of the construction of the facility in such county. If a majority of the qualified electors who voted in such election vote against the construction of the facility, then the facility shall not be constructed in the county.

(3) If no petition as prescribed in subsection (2) of this section is filed with the board of supervisors within sixty (60) days of the date of the last publication of the notice, the board of supervisors shall by a resolution duly adopted and entered on its minutes, state that no petition was timely filed and the board may give final approval to the location of the facility.

SECTION 321. Section 47-4-5, Mississippi Code of 1972, is brought forward as follows:

47-4-5. Any local unit of government, or any local unit of government in cooperation with other local units of government, may enter into agreements with private sources for the operation and supervision of juvenile detention centers.

SECTION 322. Section 47-5-1, Mississippi Code of 1972, is brought forward as follows:

47-5-1. It shall be the policy of this state, in the operation and management of the correctional system, to so manage and conduct the same in that manner as will be consistent with the operation of a modern correctional system and with the view of making the system self-sustaining. Those convicted of violating the law and sentenced to a term in the state correctional system shall have humane treatment, and be given opportunity, encouragement and training in the manner of reformation.

It shall be the policy of this state that the correctional system shall be operated and managed in the most efficient and economical manner possible. The Mississippi Department of Corrections shall so manage and operate the correctional system in that manner in order to make the system self-sustaining and to conserve state general fund revenues. The Mississippi Department of Corrections shall provide leadership to bring about the earliest possible construction of satisfactory prison inmate facilities, and shall utilize existing state resources, including inmates for prison construction labor, when and wherever practicable, in order to minimize the need for state general funds for prison construction.

It shall be the policy of this state that periodic independent internal investigations of the department shall be conducted to ensure the implementation of state correctional policies.

SECTION 323. Section 47-5-3, Mississippi Code of 1972, is brought forward as follows:

47-5-3. The plantation known as Parchman owned by the state in Sunflower and Quitman Counties, and in such other places as are now or may be hereafter owned or operated by the state for correctional purposes shall constitute the facilities of the correctional system for the custody, punishment, confinement at hard labor and reformation of all persons convicted of felony in the courts of the state and sentenced to the custody of the department, and whenever the term "Penitentiary" or "State Penitentiary" appears in the laws of the State of Mississippi, it shall mean any facility under the jurisdiction of the Department of Corrections which is used for the purposes described herein.

SECTION 324. Section 47-5-4, Mississippi Code of 1972, is brought forward as follows:

47-5-4. For purposes of this chapter, the following words shall have the meaning ascribed herein unless the context shall otherwise require:

(a) "Adult" shall mean a person who is eighteen (18) years of age or older, or any person convicted of any crime not subject to the provisions of the Youth Court Law, or any person "certified" to be tried as an adult by any youth court in the state.

(b) "Juvenile," "minor" or "youthful" shall mean a person less than eighteen (18) years of age.

(c) "Offender" shall mean any person convicted of a crime or offense under the laws and ordinances of the state and its political subdivisions.

(d) "Facility or institution" shall mean any facility for the custody, care, treatment and study of offenders which is under the supervision and control of the Department of Corrections, including but not limited to the State Penitentiary property located in Sunflower and Quitman Counties.

(e) "Detention" shall mean the temporary care of juveniles and adults who require secure custody for their own or the community's protection in a physically restricting facility prior to adjudication, or retention in a physically restricting facility upon being taken into custody after an alleged parole or probation violation.

(f) "Unit of local government" shall mean a county, city, town, village, or other general purpose political subdivision of the state.

(g) "Department" shall mean the Mississippi Department of Corrections.

(h) "Commissioner" shall mean the Commissioner of Corrections.

(i) "Correctional system" shall mean the facilities, institutions, programs and personnel of the Department of Corrections utilized for adult offenders who are committed to the custody of the department.

SECTION 325. Section 47-5-5, Mississippi Code of 1972, is amended as follows:

47-5-5. The commissioner, as soon as possible after passage of this section, shall prepare a plan to bring about the limited centralization of facilities within the state correctional system grounds at Parchman, Mississippi. The commissioner is authorized and empowered to use any state funds appropriated for such purposes, together with any available federal funds appropriated by the United States Congress for improvement of correctional institutions to construct modern security facilities for housing of offenders to the end that the state correctional system achieves the greatest degree of security for said offenders. Provided, however, that no new facility to house offenders shall be constructed within two-fifths (2/5) of a mile of any other offender camp. The commissioner shall bring about centralization of food facilities, recreational activities, utility services and other related facilities and correctional services that are presently decentralized within the correctional system.

It is the intent of the Mississippi Legislature that the commissioner shall fully utilize existing knowledge, architectural plans and expertise currently available with the Federal Bureau of Prisons and the Law Enforcement Assistance Administration to the end that the State of Mississippi shall have an efficient, modern, and properly secure state correctional system.

The commissioner is authorized to receive and disburse private and public grants, gifts and bequests which may be available to this state for correctional facilities, offender rehabilitation purposes and related purposes, which said sum so received shall be subject to all of the laws applicable to the * * *~~State Fiscal Management Board~~ Department of Finance and Administration.

SECTION 326. Section 47-5-8, Mississippi Code of 1972, is brought forward as follows:

47-5-8. (1) There is created the Mississippi Department of Corrections, which shall be under the policy direction of the Governor. The chief administrative officer of the department shall be the Commissioner of Corrections.

(2) (a) There shall be a Division of Administration and Finance within the department, which shall have as its chief administrative officer a Deputy Commissioner for Administration and Finance who shall be appointed by the commissioner, and shall be directly responsible to the commissioner.

(b) There shall be a Division of Community Corrections within the department, which shall have as its chief administrative officer a Deputy Commissioner for Community Corrections, who shall be appointed by the commissioner, and shall be directly responsible to the commissioner. The Probation and Parole Board shall continue to exercise the authority as provided by law, but after July 1, 1976, the Division of Community Corrections shall serve as the administrative agency for the Probation and Parole Board.

(3) The department shall succeed to the exclusive control of all records, books, papers, equipment and supplies, and all lands, buildings and other real and personal property now or hereafter belonging to or assigned to the use and benefit or under the control of the Mississippi State Penitentiary and the Mississippi Probation and Parole Board, except the records of parole process and revocation and legal matters related thereto, and shall have the exercise and control of the use, distribution and disbursement of all funds, appropriations and taxes now or hereafter in possession, levied, collected or received or appropriated for the use, benefit, support and maintenance of these two (2) agencies except as otherwise provided by law, and the department shall have general supervision of all the affairs of the two (2) agencies herein named except as otherwise provided by law, and the care and conduct of all buildings and grounds, business methods and arrangements of accounts and records, the organization of the administrative plans of each institution, and all other matters incident to the proper functioning of the two (2) agencies.

(4) The commissioner may lease the lands for oil, gas, mineral exploration and other purposes, and contract with other state agencies for the proper management of lands under such leases or for the provision of other services, and the proceeds thereof shall be paid into the General Fund of the state.

SECTION 327. Section 47-5-10, Mississippi Code of 1972, is brought forward as follows:

47-5-10. The department shall have the following powers and duties:

(a) To accept adult offenders committed to it by the courts of this state for incarceration, care, custody, treatment and rehabilitation;

(b) To provide for the care, custody, study, training, supervision and treatment of adult offenders committed to the department;

(c) To maintain, administer and exercise executive and administrative supervision over all state correctional institutions and facilities used for the custody, training, care, treatment and after-care supervision of adult offenders committed to the department; provided, however, that such supervision shall not extend to any institution or facility for which executive and administrative supervision has been provided by law through another agency;

(d) To plan, develop and coordinate a statewide, comprehensive correctional program designed to train and rehabilitate offenders in order to prevent, control and retard recidivism;

(e) To maintain records of persons committed to it, and to establish programs of research, statistics and planning:

(i) An offender's records shall include a single cover sheet that contains the following information about the offender: name, including any aliases; department inmate number; social security number; photograph; court of conviction; cause number; date of conviction; date of sentence; total number of days in the department's custody or number of days creditable toward time served on each charge; date of actual custody; and date of any revocation of a suspended sentence;

(ii) The department shall maintain an offender's cover sheet in the course of its regularly conducted business activities and shall include an offender's cover sheet in each request from a court, prosecutor or law enforcement agency for a summary of an offender's records with the department, also known as a "pen-pack." The cover sheet shall conform to Rules 803(6) and 803(8) of the Mississippi Rules of Evidence for admission as an exception to the hearsay rule and may be admissible when properly authenticated according to evidentiary rules and when offered for the purpose of enhanced sentencing under Section 41-29-147, 99-19-81 or 99-19-83 or other similar purposes; and

(iii) This subsection is not intended to conflict with an offender's right of confrontation in criminal proceedings under the state or federal constitution;

(f) To investigate the grievances of any person committed to the department, and to inquire into any alleged misconduct by employees; and for this purpose it may issue subpoenas and compel the attendance of witnesses and the production of writings and papers, and may examine under oath any witnesses who may appear before it;

(g) To administer programs of training and development of personnel of the department;

(h) To develop and implement diversified programs and facilities to promote, enhance, provide and assure the opportunities for the successful custody, training and treatment of adult offenders properly committed to the department or confined in any facility under its control. Such programs and facilities may include but not be limited to institutions, group homes, halfway houses, diagnostic centers, work and educational release centers, restitution centers, counseling and supervision of probation, parole, suspension and compact cases, presentence investigating and other state and local community-based programs and facilities;

(i) To receive, hold and use, as a corporate body, any real, personal and mixed property donated to the department, and any other corporate authority as shall be necessary for the operation of any facility at present or hereafter;

(j) To provide those personnel, facilities, programs and services the department shall find necessary in the operation of a modern correctional system for the custody, care, study and treatment of adult offenders placed under its jurisdiction by the courts and other agencies in accordance with law;

(k) To develop the capacity and administrative network necessary to deliver advisory consultation and technical assistance to units of local government for the purpose of assisting them in developing model local correctional programs for adult offenders;

(l) To cooperate with other departments and agencies and with local communities for the development of standards and programs for better correctional services in this state;

(m) To administer all monies and properties of the department;

(n) To report annually to the Legislature and the Governor on the committed persons, institutions and programs of the department;

(o) To cooperate with the courts and with public and private agencies and officials to assist in attaining the purposes of this chapter and Chapter 7 of this title. The department may enter into agreements and contracts with other departments of federal, state or local government and with private agencies concerning the discharge of its responsibilities or theirs. The department shall have the authority to accept and expend or use gifts, grants and subsidies from public and private sources;

(p) To make all rules and regulations and exercise all powers and duties vested by law in the department;

(q) The department may require a search of all persons entering the grounds and facilities at the correctional system;

(r) To discharge any other power or duty imposed or established by law.

SECTION 328. Section 47-5-20, Mississippi Code of 1972, is brought forward as follows:

47-5-20. The commissioner shall have the following powers and duties:

(a) To establish the general policy of the department;

(b) To approve proposals for the location of new facilities, for major renovation activities, and for the creation of new programs and divisions within the department as well as for the abolition of the same; provided, however, that the commissioner shall approve the location of no new facility unless the board of supervisors of the county or the governing authorities of the municipality in which the new facility is to be located shall have had the opportunity with at least sixty (60) days' prior notice to disapprove the location of the proposed facility. If either the board of supervisors or the governing authorities shall disapprove the facility, it shall not be located in that county or municipality. Said notice shall be made by certified mail, return receipt requested, to the members of the board or governing authorities and to the clerk thereof;

(c) Except as otherwise provided or required by law, to open bids and approve the sale of any products or manufactured goods by the department according to applicable provisions of law regarding bidding and sale of state property, and according to rules and regulations established by the State Fiscal Management Board; and

(d) To adopt administrative rules and regulations including, but not limited to, offender transfer procedures, award of administrative earned time, personnel procedures, employment practices.

SECTION 329. Section 47-5-23, Mississippi Code of 1972, is brought forward as follows:

47-5-23. The department shall be vested with the exclusive responsibility for management and control of the correctional system, and all properties belonging thereto, subject only to the limitations of this chapter, and shall be responsible for the management of affairs of the correctional system and for the proper care, treatment, feeding, clothing and management of the offenders confined therein. The commissioner shall have final authority to employ and discharge all employees of the correctional system, except as otherwise provided by law.

SECTION 330. Section 47-5-24, Mississippi Code of 1972, is brought forward as follows:

47-5-24. (1) The Governor shall appoint a Commissioner of Corrections, with the advice and consent of the Senate. Such commissioner may be removed by the Governor. The commissioner shall be the chief executive, administrative and fiscal officer of the department.

(2) The commissioner shall receive an annual salary fixed by the Governor, not to exceed the maximum authorized by law, in addition to all actual, necessary expenses incurred in the discharge of official duties, including mileage as authorized by law.

(3) The commissioner shall possess the following minimum qualifications:

(a) A master's degree in corrections, criminal justice, guidance, social work, or some related field, and at least six (6) years full-time experience in corrections, including at least three (3) years of correctional management experience; or

(b) A bachelor's degree in a field described in subparagraph (a) of this subsection and at least ten (10) years full-time work in corrections, five (5) years of which shall have been in correctional management; or

(c) Shall possess at least a bachelor's degree and relevant experience in fiscal management in the private or public sector.

(4) The commissioner shall be required, upon assuming the duties of his office, to execute a good and sufficient bond payable to the State of Mississippi in the sum of Two Hundred Fifty Thousand Dollars ($250,000.00), conditioned upon an accurate accounting for all monies and property coming into his hands. The commissioner, upon approval by the Governor, may require of other officers, employees and agents of the department a good and sufficient bond in such sum as he may determine, subject to the minimum requirements set forth herein, payable to the State of Mississippi upon like condition. The bonds shall be approved by the Governor and filed with the Secretary of State, and shall be executed by a surety company authorized to do business under the laws of this state. The premium on any such bond shall be paid by the state out of the support and maintenance fund of the department.

SECTION 331. Section 47-5-26, Mississippi Code of 1972, is brought forward as follows:

47-5-26. (1) The commissioner shall employ the following personnel:

(a) A Deputy Commissioner for Administration and Finance, who shall supervise and implement all fiscal policies and programs within the department, supervise and implement all hiring and personnel matters within the department, supervise the department's personnel director, supervise and implement all purchasing within the department and supervise and implement all data processing activities within the department, and who shall serve as the Chief Executive Officer of the Division of Administration and Finance. He shall possess either:

(i) A master's degree from an accredited four-year college or university in public or business administration, accounting, economics or a directly related field, and four (4) years of experience in work related to the above-described duties, one (1) year of which must have included line or functional supervision; or

(ii) A bachelor's degree from an accredited four-year college or university in public or business administration, accounting, economics or a directly related field, and six (6) years of experience in work related to the above-described duties, one (1) year of which must have included line or functional supervision. Certification by the State of Mississippi as a certified public accountant may be substituted for one (1) year of the required experience.

(b) A Deputy Commissioner for Community Corrections, who shall initiate and administer programs, including, but not limited to, supervision of probationers, parolees and suspensioners, counseling, community-based treatment, interstate compact administration and enforcement, prevention programs, halfway houses and group homes, restitution centers, presentence investigations, and work and educational releases, and shall serve as the Chief Executive Officer of the Division of Community Services. The Deputy Commissioner for Community Corrections is charged with full and complete cooperation with the State Parole Board and shall make monthly reports to the Chairman of the Parole Board in the form and type required by the chairman, in his discretion, for the proper performance of the probation and parole functions. After a plea or verdict of guilty to a felony is entered against a person and before he is sentenced, the Deputy Commissioner for Community Corrections shall procure from any available source and shall file in the presentence records any information regarding any criminal history of the person such as fingerprints, dates of arrests, complaints, civil and criminal charges, investigative reports of arresting and prosecuting agencies, reports of the National Crime Information Center, the nature and character of each offense, noting all particular circumstances thereof and any similar data about the person. The Deputy Commissioner for Community Corrections shall keep an accurate and complete duplicate record of this file and shall furnish the duplicate to the department. This file shall be placed in and shall constitute a part of the inmate's master file. The Deputy Commissioner for Community Corrections shall furnish this file to the State Parole Board when the file is needed in the course of its official duties. He shall possess either: (i) a master's degree in counseling, corrections psychology, guidance, social work, criminal justice or some related field and at least four (4) years' full-time experience in such field, including at least one (1) year of supervisory experience; or (ii) a bachelor's degree in a field described in subparagraph (i) of this paragraph and at least six (6) years' full-time work in corrections, one (1) year of which shall have been at the supervisory level.

(c) A Deputy Commissioner for Institutions, who shall administer institutions, reception and diagnostic centers, prerelease centers and other facilities and programs provided therein, and shall serve as the Chief Executive Officer of the Division of Institutions. He shall possess either: (i) a master's degree in counseling, criminal justice, psychology, guidance, social work, business or some related field, and at least four (4) years' full-time experience in corrections, including at least one (1) year of correctional management experience; or (ii) a bachelor's degree in a field described in subparagraph (i) of this paragraph and at least six (6) years' full-time work in corrections, four (4) years of which shall have been at the correctional management level.

(2) The commissioner shall employ an administrative assistant for parole matters, who shall be an employee of the department assigned to the State Parole Board and who shall work under the guidance and supervision of the board.

(3) The administrative assistant for parole matters shall receive an annual salary to be established by the Legislature. The salaries of department employees not established by the Legislature shall receive an annual salary established by the State Personnel Board.

(4) The commissioner shall employ a superintendent for the Parchman facility, Central Mississippi Correctional Facility and South Mississippi Correctional Institution of the Department of Corrections. The Superintendent of the Mississippi State Penitentiary shall reside on the grounds of the Parchman facility. Each superintendent shall appoint an officer in charge when he is absent.

Each superintendent shall develop and implement a plan for the prevention and control of an inmate riot and shall file a report with the Chairman of the Senate Corrections Committee and the Chairman of the House Penitentiary Committee on the first day of each regular session of the Legislature regarding the status of the plan.

In order that the grievances and complaints of inmates, employees and visitors at each facility may be heard in a timely and orderly manner, each superintendent shall appoint or designate an employee at the facility to hear grievances and complaints and to report grievances and complaints to the superintendent. Each superintendent shall institute procedures as are necessary to provide confidentiality to those who file grievances and complaints.

SECTION 332. Section 47-5-28, Mississippi Code of 1972, is amended as follows:

47-5-28. The commissioner shall have the following powers and duties:

(a) To implement and administer laws and policy relating to corrections and coordinate the efforts of the department with those of the federal government and other state departments and agencies, county governments, municipal governments, and private agencies concerned with providing offender services;

(b) To establish standards, in cooperation with other state agencies having responsibility as provided by law, provide technical assistance, and exercise the requisite supervision as it relates to correctional programs over all state-supported adult correctional facilities and community-based programs;

(c) To promulgate and publish such rules, regulations and policies of the department as are needed for the efficient government and maintenance of all facilities and programs in accord insofar as possible with currently accepted standards of adult offender care and treatment * * *.;

(d) To provide the Parole Board with suitable and sufficient office space and support resources and staff necessary to conducting Parole Board business under the guidance of the Chairman of the Parole Board;

(e) To make an annual report to the Governor and the Legislature reflecting the activities of the department and make recommendations for improvement of the services to be performed by the department;

(f) To cooperate fully with periodic independent internal investigations of the department and to file the report with the Governor and the Legislature;

(g) To perform such other duties necessary to effectively and efficiently carry out the purposes of the department as may be directed by the Governor.

SECTION 333. Section 47-5-35, Mississippi Code of 1972, is brought forward as follows:

47-5-35. The Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) shall appoint an auditor to audit the correctional system, and provide sufficient office facilities in the Jackson office, who shall be a certified public accountant or an experienced accountant, whose duty shall be to audit all accounts of the state correctional system for the purpose of reporting to the Legislative Budget Office. He shall report whether supplies and products bought and sold are handled in accordance with law and when bought on samples and specifications whether they measure up to such samples and specifications when the goods are received. The auditor shall report on the letting of bids and shall make a determination that all bids are advertised and let in accordance with law and shall render a report on same. The auditor shall be responsible to make a periodic inventory on all goods, machinery, livestock, farm produce or any other property of the correctional system and make a report thereon to the Legislative Budget Office on such terms and conditions and as often as required by the committee. The salaries and expenses of such auditor or his employees shall be paid from funds appropriated for support of the Legislature or its committees.

Such auditor shall make, at least, a monthly report to the Legislative Budget Office and the Chairman of the Corrections Committee of the Senate and the Chairman of the Penitentiary Committee in the House of Representatives.

The auditor shall attend all the meetings of the board and shall be notified by the board of all meetings or specially called meetings. The Joint Legislative Committee on Performance Evaluation and Expenditure Review shall provide the auditor with a secretary and such personnel as it deems necessary.

SECTION 334. Section 47-5-37, Mississippi Code of 1972, is amended as follows:

47-5-37. The commissioner shall employ a qualified fiscal comptroller who shall be a certified public accountant and who shall be charged with the responsibility of maintaining a modern accounting system which shall accurately reflect all fiscal transactions in such manner and in such form as shall be recommended by the * * *~~State Fiscal Management Board~~ Department of Finance and Administration. The commissioner shall employ such qualified bookkeepers and other clerical personnel as required to maintain the accounting system who shall devote their full time to their duties as employees of the correctional system. The fiscal comptroller shall make a monthly report to the Governor and Chairmen of Corrections Committee of the Senate and the * * *~~Penitentiary~~ Corrections Committee of the House of Representatives. The fiscal comptroller shall countersign all checks. The fiscal comptroller shall have sole responsibility for all purchases and the signing of all purchase orders issued by the correctional system. Such fiscal comptroller shall execute a good and sufficient bond payable to the State of Mississippi in the sum of Fifty Thousand Dollars ($50,000.00), conditioned for the satisfactory performance of the duties of his office, and the accurate accounting of any * * *~~moneys~~ monies and properties coming into his hands.

The commissioner or his designee shall sign all requisitions for issuance of warrant authorizing any disbursement of any sum or sums on account of the correctional system, and no money shall be paid out on any account of the correctional system except on a requisition for issuance of warrant signed by him or his designee.

SECTION 335. Section 47-5-49, Mississippi Code of 1972, is brought forward as follows:

47-5-49. Neither the commissioner nor any other employee, save physicians and chaplains not employed for all their time, shall have or engage in any other business during his normal hours of employment that may require his personal attention or time. The Governor, in the case of the commissioner, and the commissioner in the case of any other employee shall receive prior notification and approve outside employment and the respective parties named herein shall punish a violation of this provision by the dismissal of the employee if the offense justifies such dismissal.

SECTION 336. Section 47-5-54, Mississippi Code of 1972, is amended as follows:

47-5-54. Employees assigned to the canine unit of the department may, upon request, assist law enforcement agencies by using specially trained dogs in any matter relating to the tracking, discovery or capture of any person in the enforcement of criminal statutes pertaining to the possession, sale or use of narcotics or other dangerous drugs, or in the pursuit of suspected felons and, while so doing, shall have the status of peace officers anywhere in the state and shall have the status of law enforcement officers and peace officers as contemplated by Sections 45-6-3, 97-3-7 and 97-3-19.

Employees of the department, while performing their officially assigned duties relating to the custody, control, transportation, recapture or arrest of any offender within the jurisdiction of the department or any offender of any jail, penitentiary, public workhouse or overnight lockup of the state or any political subdivision thereof not within the jurisdiction of the department, shall have the status of peace officers anywhere in the state in any matter relating to the custody, control, transportation or recapture of such offender, and shall have the status of law enforcement officers and peace officers as contemplated by Sections 45-6-3, 97-3-7 and 97-3-19.

The commissioner may appoint investigators with the Corrections Investigation Division who have been certified by the Board on Law Enforcement Officer Standards and Training and who shall be empowered to investigate and enforce all applicable regulations of the department, which are related to the functions and missions of the department, and all laws of the State of Mississippi and who shall be empowered to investigate and enforce all laws of the State of Mississippi in private correctional facilities and regional county correctional facilities. These employees shall have the status of law enforcement officers and peace officers as contemplated by Sections 45-6-3, 97-3-7 and 97-3-19.

These officers shall be under the supervision of the commissioner. These officers may perform any service of process required to be performed at any facility owned by the Department of Corrections, at any private correctional facility or at any regional county correctional facility.

The commissioner may promulgate rules regulating the speed of motor vehicles on roads within the grounds of any correctional facility, and such restrictions may be enforced by employees of the department by citation or as otherwise prescribed by law.

SECTION 337. Section 47-5-99, Mississippi Code of 1972, is brought forward as follows:

47-5-99. There are hereby created classification hearing officers and disciplinary hearing officers of the correctional system to be appointed by the commissioner.

SECTION 338. Section 47-5-101, Mississippi Code of 1972, is brought forward as follows:

47-5-101. The classification and disciplinary hearing officers shall maintain a record of all actions and orders by minutes. The hearing officers shall meet on a regular basis.

SECTION 339. Section 47-5-103, Mississippi Code of 1972, is brought forward as follows:

47-5-103. (1) The classification hearing officer shall be responsible for assigning a classification to each offender within forty (40) days after the offender's commitment to the custody of the department. The classification shall determine the offender's work duties, living quarters, educational, vocational or other rehabilitation programs, and privileges to be accorded the offender while in custody of the department. The classification hearing officer, in assigning classifications, shall consider the offender's age, offense and surrounding circumstances, the complete record of the offender's criminal history, including records of law enforcement agencies or of a youth court regarding that offender's juvenile criminal history, family background, education, practical or employment experience, interests and abilities as evidenced by mental and psychological examination and knowledge obtained by the classification hearing officer in personal interview with the offender. The classification hearing officer shall use the above criteria to assign each offender a classification which will serve and enhance the best interests and general welfare of the offender. The designee or designees of the commissioner shall approve or disapprove each classification. The classification hearing officer shall provide the State Parole Board with a copy of the classification assigned to each offender in the custody of the department who is eligible for parole.

(2) The classification board, consisting of the commissioner, or his designee, deputy commissioner of institutions and the director of offender services may change an action of the classification or disciplinary hearing officer if the board makes a determination that the action of the hearing officer was not supported by sufficient factual information. The commissioner, in emergency situations, may suspend the classification of an offender or offenders for a period of not exceeding fifteen (15) days to relieve the emergency situation. The classification of each offender may be reviewed by a classification hearing officer at least once each year. In no case shall an offender serve as a servant in the home of any employee other than authorized by the commissioner.

(3) The classification board shall establish substantive and procedural rules and regulations governing the assignment and alteration of inmate classifications, and shall make such rules and regulations available to any offender upon request.

SECTION 340. Section 47-5-104, Mississippi Code of 1972, is brought forward as follows:

47-5-104. The commissioner shall designate a disciplinary hearing officer to hear evidence and to make decisions in all cases when an offender has been issued a rule violation report and is subject to be demoted or having earned time taken from him. All proceedings of a disciplinary hearing officer shall be taped and retained for at least three (3) years. The commissioner shall not attend any hearings whereby an offender is subject to be demoted or having earned time taken away.

SECTION 341. Section 47-5-110, Mississippi Code of 1972, is brought forward as follows:

47-5-110. (1) Commitment to any institution or facility within the jurisdiction of the department shall be to the department, not to a particular institution or facility. The commissioner shall assign a newly committed offender to an appropriate facility consistent with public safety; provided, however, that any offender who, in the opinion of the sentencing judge, requires confinement in a maximum security unit shall be assigned, upon initial commitment, to the Parchman facility. The commissioner may extend the place of confinement of eligible offenders as provided under subsection (2) of this section. He may transfer an offender from one (1) institution to another, consistent with the commitment and in accordance with treatment, training and security needs. The commissioner shall have the authority to transfer inmates from the various correctional facilities of the department to restitution centers if such inmates meet the qualifications prescribed in Section 99-37-19. The commissioner shall prepare appropriate standards of eligibility for such transfers of offenders from one (1) institution to another institution and transfers of offenders who meet the qualifications for placement in restitution centers. The commissioner shall have the authority to remove the offenders from restitution centers and to transfer them to other facilities of the department. The commissioner shall obtain the approval of the sentencing court before transferring an offender committed to the department to a restitution center. On the request of the chief executive officer of the affected unit of local government, the commissioner may transfer a person detained in a local facility to a state facility. The commissioner shall determine the cost of care for that person to be borne by the unit of local government. The commissioner may assign to a community work center, any offender who is convicted under the Mississippi Implied Consent Law and who is sentenced to the custody of the Department of Corrections, except that if a death or a serious maiming has occurred during the commission of the violation of the Mississippi Implied Consent Law, then the offender so convicted may not be assigned to a community work center.

(2) The department may establish by rule or policy and procedure a community prerelease program which shall be subject to the following requirements:

(a) The commissioner may extend the limits of confinement of offenders serving sentences for violent or nonviolent crimes who have six (6) months or less remaining before release on parole, conditional release or discharge to participate in the program. Parole violators may be allowed to participate in the program.

(b) Any offender who is referred to the program shall remain an offender of the department and shall be subject to rules and regulations of the department pertaining to offenders of the department until discharged or released on parole or conditional release by the State Parole Board.

(c) The department shall require the offender to participate in work or educational or vocational programs and other activities that may be necessary for the supervision and treatment of the offender.

(d) An offender assigned to the program shall be authorized to leave a community prerelease center only for the purpose and time necessary to participate in the program and activities authorized in paragraph (c) of this subsection.

(3) The commissioner shall have absolute immunity from liability for any injury resulting from a determination by the commissioner that an offender shall be allowed to participate in the community prerelease program.

(4) (a) The department may by rule or policy and procedure provide the regimented inmate discipline program and prerelease service for offenders at each of its major correctional facilities: Mississippi State Penitentiary, Central Mississippi Correctional Institution and South Mississippi Correctional Institution.

(b) The commissioner may establish regimented inmate discipline and prerelease programs at the South Mississippi Correctional Institution. Offenders assigned to this facility may receive the services provided by the regimented inmate discipline program. The prerelease program may be located on the grounds of this facility or another facility designated by the commissioner.

SECTION 342. Section 47-5-119, Mississippi Code of 1972, is brought forward as follows:

47-5-119. Offenders, when received into a facility of the correctional system, shall be carefully searched. If money be found on the person of the offender, or received by him at any time, it shall be taken in charge by the commissioner and placed to the offender's credit and expended for the offender's benefit on his written order and under such restrictions as may be prescribed by law or the rules. If an offender with money charged to his credit shall die from any cause while in a facility of the correctional system or be discharged without claiming such money, the commissioner shall make every effort to give notice of such fact to the discharged offender or to the beneficiary or nearest-known relative, if any, of the deceased or discharged offender, and upon a valid claim presented shall pay out such money to such discharged offender, beneficiary or nearest relative. After two (2) years from the date of giving such notice, or a valid attempt to give such notice, or two (2) years after the death of such offender, if the beneficiary or nearest relative is unknown, if such money has not been validly claimed, the commissioner shall make an affidavit of such fact, which sums shall escheat to the Correctional System Special Vocational Training Program Fund to help in offender rehabilitation. Any officer or employee having charge of the offenders' money who misappropriates the same, or any part thereof, shall be deemed guilty of a felony, and upon conviction thereof shall be confined in the correctional system for a term of not more than five (5) years. All sums credited to the account of an offender who shall escape shall immediately, upon the offender's escape, escheat to the Special Vocational Training Program Fund to help in offender rehabilitation.

SECTION 343. Section 47-5-120, Mississippi Code of 1972, is brought forward as follows:

47-5-120. (1) Except as otherwise provided by law, the commissioner may transfer an offender for observation, diagnosis and treatment to another appropriate state department or institution, provided that he has given prior written notice to the administrator of the agency.

(2) The Department of Corrections shall create a Board of Examiners, hereinafter referred to as the "board," who shall examine and evaluate the condition of offenders who are apparently suffering from psychosis, other mental illness, or dependency or addiction to drugs. The commissioner shall refer such offenders to the board which shall make a written report of its findings pertaining to each such offender. If all members of the board determine that an offender is in need of mental treatment or can obtain benefit from the programs of treatment for drug dependency or addiction at a facility of the Department of Mental Health, then the board may authorize his transfer for observation, diagnosis, treatment and rehabilitation after prior written notice to the administrator of the facility of the Department of Mental Health that is to receive the offender.

(3) The board shall be composed of the following:

(a) A physician on the staff of the Mississippi State Hospital at Whitfield, Mississippi, or the East Mississippi State Hospital at Meridian, Mississippi;

(b) A physician on the staff of the Mississippi Department of Corrections; and

(c) A physician to be selected by the Commissioner of Corrections who is not an employee of the Department of Corrections or the Department of Mental Health.

(4) The board shall meet once each month at the correctional facility located at Parchman, Mississippi. All fees, compensation and expenses of the board shall be paid from funds appropriated to or otherwise available to the State Department of Corrections. The board is authorized to establish such rules and regulations as may be necessary to carry out the purposes of this section.

(5) While the offender is in another institution, his sentence shall continue to run. When the director of the institution to which an offender has been transferred determines that the offender is not in need of treatment or has recovered from the condition which occasioned the transfer or has received the maximum benefit of treatment and rehabilitation, the commissioner shall provide for his return to the department, unless his sentence has expired, in which case he shall be issued a discharge in accordance with law.

SECTION 344. Section 47-5-121, Mississippi Code of 1972, is brought forward as follows:

47-5-121. All female offenders shall be kept separate and apart from male offenders. Where practicable, the commissioner shall keep the female offenders within a separate facility from the male offenders, and shall provide reasonable rules and regulations for the government of same.

SECTION 345. Section 47-5-126, Mississippi Code of 1972, is brought forward as follows:

47-5-126. All inmates, unless physically unable, shall be required to perform such work as may be set out in the policymaking board of the institution.

SECTION 346. Section 47-5-138, Mississippi Code of 1972, is amended as follows:

47-5-138. (1) The department may promulgate rules and regulations to carry out an earned time allowance program based on the good conduct and performance of an inmate. An inmate is eligible to receive an earned time allowance of one-half (1/2) of the period of confinement imposed by the court except those inmates excluded by law. When an inmate is committed to the custody of the department, the department shall determine a conditional earned time release date by subtracting the earned time allowance from an inmate's term of sentence. This subsection does not apply to any sentence imposed after June 30, 1995.

(2) An inmate may forfeit all or part of his earned time allowance for a serious violation of rules. No forfeiture of the earned time allowance shall be effective except upon approval of the commissioner, or his designee, and forfeited earned time may not be restored.

(3) (a) For the purposes of this subsection, "final order" means an order of a state or federal court that dismisses a lawsuit brought by an inmate while the inmate was in the custody of the Department of Corrections as frivolous, malicious or for failure to state a claim upon which relief could be granted.

(b) On receipt of a final order, the department shall forfeit:

(i) Sixty (60) days of an inmate's accrued earned time if the department has received one (1) final order as defined herein;

(ii) One hundred twenty (120) days of an inmate's accrued earned time if the department has received two (2) final orders as defined herein;

(iii) One hundred eighty (180) days of an inmate's accrued earned time if the department has received three (3) or more final orders as defined herein.

(4) An inmate who meets the good conduct and performance requirements of the earned time allowance program may be released on his conditional earned time release date.

(5) For any sentence imposed after June 30, 1995, an inmate may receive an earned time allowance of four and one-half (4-1/2) days for each thirty (30) days served if the department determines that the inmate has complied with the good conduct and performance requirements of the earned time allowance program. The earned time allowance under this subsection shall not exceed fifteen percent (15%) of an inmate's term of sentence; however, beginning July 1, 2006, no person under the age of twenty-one (21) who has committed a nonviolent offense, and who is under the jurisdiction of the Department of Corrections, shall be subject to the fifteen percent (15%) limitation for earned time allowances as described in this subsection (5).

(6) Any inmate, who is released before the expiration of his term of sentence under this section, shall be placed under earned-release supervision until the expiration of the term of sentence. The inmate shall retain inmate status and remain under the jurisdiction of the department. The period of earned-release supervision shall be conducted in the same manner as a period of supervised parole. The department shall develop rules, terms and conditions for the earned-release supervision program. The commissioner shall designate the appropriate hearing officer within the department to conduct revocation hearings for inmates violating the conditions of earned-release supervision.

(7) If the earned-release supervision is revoked, the inmate shall serve the remainder of the sentence, but the time the inmate served on earned-release supervision before revocation, shall be applied to reduce his sentence.

SECTION 347. Section 47-5-139, Mississippi Code of 1972, is brought forward as follows:

47-5-139. (1) An inmate shall not be eligible for the earned time allowance if:

(a) The inmate was sentenced to life imprisonment; but an inmate, except an inmate sentenced to life imprisonment for capital murder, who has reached the age of sixty-five (65) or older and who has served at least fifteen (15) years may petition the sentencing court for conditional release;

(b) The inmate was convicted as a habitual offender under Sections 99-19-81 through 99-19-87;

(d) The inmate was convicted of a sex crime; or

(e) The inmate has not served the mandatory time required for parole eligibility for a conviction of robbery or attempted robbery with a deadly weapon.

(2) An offender under two (2) or more consecutive sentences shall be allowed commutation based upon the total term of the sentences.

(3) All earned time shall be forfeited by the inmate in the event of escape and/or aiding and abetting an escape. The commissioner may restore all or part of the earned time if the escapee returns to the institution voluntarily, without expense to the state, and without act of violence while a fugitive from the facility.

(4) Any officer or employee who shall willfully violate the provisions of this section and be convicted therefor shall be removed from office or employment.

SECTION 348. Section 47-5-140, Mississippi Code of 1972, is brought forward as follows:

47-5-140. Each county attorney, district attorney, each member of the Parole Board and circuit judge shall be provided a copy of a handbook prepared by the commissioner which shall include a copy of Section 47-5-138 and Section 47-5-139, and shall clearly show how such sections would apply to an offender sentenced to terms of various lengths. Each offender shall be provided a copy of the handbook upon arrival at the correctional system and have it explained to him as a part of his initial orientation.

SECTION 349. Section 47-5-142, Mississippi Code of 1972, is brought forward as follows:

47-5-142. (1) In order to provide incentive for offenders to achieve positive and worthwhile accomplishments for their personal benefit or the benefit of others, and in addition to any other administrative reductions of the length of an offender's sentence, any offender shall be eligible, subject to the provisions of this section, to receive meritorious earned time as distinguished from earned time for good conduct and performance.

(2) Subject to approval by the commissioner of the terms and conditions of the program or project, meritorious earned time may be awarded for the following: (a) successful completion of educational or instructional programs; (b) satisfactory participation in work projects; and (c) satisfactory participation in any special incentive program.

(3) The programs and activities through which meritorious earned time may be received shall be published in writing and posted in conspicuous places at all facilities of the department and such publication shall be made available to all offenders in the custody of the department.

(4) The commissioner shall make a determination of the number of days of reduction of sentence which may be awarded an offender as meritorious earned time for participation in approved programs or projects; the number of days shall be determined by the commissioner on the basis of each particular program or project.

(5) No offender shall be awarded any meritorious earned time while assigned to the maximum security facilities for disciplinary purposes.

(6) All meritorious earned time shall be forfeited by the offender in the event of escape and/or aiding and abetting an escape.

(7) Any officer or employee of the department who shall willfully violate the provisions of this section and be convicted therefor shall be removed from office or employment.

(8) An offender may forfeit all or any part of his meritorious earned time allowance for just cause upon the written order of the commissioner or his designee. Any meritorious earned time allowance forfeited under this section shall not be restored nor shall it be re-earned by the offender.

SECTION 350. Section 47-5-173, Mississippi Code of 1972, is brought forward as follows:

47-5-173. The commissioner, or his designees, may grant leave to an offender and may take into consideration sickness or death in the offender's family or the seeking of employment by the offender in connection with application for parole, for a period of time not to exceed ten (10) days. Within forty-eight (48) hours prior to the release of an offender on leave, the director of records of the department shall give the written notice required pursuant to Section 47-5-177. However, if an offender is granted leave because of sickness or death in the offender's family, written notice shall not be required but the inmate shall be accompanied by a correctional officer or a law enforcement officer. In all other cases the commissioner, or his designees, shall provide required security when deemed necessary. The commissioner, or his designees, in granting leave, shall take into consideration the conduct and work performance of the offender.

SECTION 351. Section 47-5-177, Mississippi Code of 1972, is brought forward as follows:

47-5-177. Within forty-eight (48) hours prior to the release of an offender from the custody of the department because of discharge, parole, pardon, temporary personal leave or pass, or otherwise, except for sickness or death in the offender's family, the Director of Records of the department shall give written or electronic notice of such release to the sheriff of the county and to the chief of police of the municipality where the offender was convicted. If the offender is paroled to a county other than the county of conviction, the Director of Records shall give written or electronic notice of the release to the sheriff, district attorney and circuit judge of the county and to the chief of police of the municipality where the offender is paroled and to the sheriff of the county and to the chief of police of the municipality where the offender was convicted. The department shall notify the parole officer of the county where the offender is paroled or discharged to probation of any chronic mental disorder incurred by the offender, of any type of infectious disease for which the offender has been examined and treated, and of any medications provided to the offender for such conditions.

The commissioner shall require the Director of Records to clearly identify the notice of release of an offender who has been convicted of arson at any time. The fact that the offender to be released had been convicted of arson at any time shall appear prominently on the notice of release and the sheriff shall notify all officials who are responsible for investigation of arson within the county of such offender's release and the chief of police shall notify all such officials within the municipality of such offender's release.

SECTION 352. Section 47-5-901, Mississippi Code of 1972, is brought forward as follows:

47-5-901. (1) Any person committed, sentenced or otherwise placed under the custody of the Department of Corrections, on order of the sentencing court and subject to the other conditions of this subsection, may serve all or any part of his sentence in the county jail of the county wherein such person was convicted if the Commissioner of Corrections determines that physical space is not available for confinement of such person in the state correctional institutions. Such determination shall be promptly made by the Department of Corrections upon receipt of notice of the conviction of such person. The commissioner shall certify in writing that space is not available to the sheriff or other officer having custody of the person. Any person serving his sentence in a county jail shall be classified in accordance with Section 47-5-905.

(2) If state prisoners are housed in county jails due to a lack of capacity at state correctional institutions, the Department of Corrections shall determine the cost for food and medical attention for such prisoners. The cost of feeding and housing offenders confined in such county jails shall be based on actual costs or contract price per prisoner. In order to maximize the potential use of county jail space, the Department of Corrections is encouraged to negotiate a reasonable per day cost per prisoner, which in no event may exceed Twenty Dollars ($20.00) per day per offender.

(3) (a) Upon vouchers submitted by the board of supervisors of any county housing persons due to lack of space at state institutions, the Department of Corrections shall pay to such county, out of any available funds, the actual cost of food, or contract price per prisoner, not to exceed Twenty Dollars ($20.00) per day per offender, as determined under subsection (2) of this section for each day an offender is so confined beginning the day that the Department of Corrections receives a certified copy of the sentencing order and will terminate on the date on which the offender is released or otherwise removed from the custody of the county jail. The department, or its contracted medical provider, will pay to a provider of a medical service for any and all incarcerated persons from a correctional or detention facility an amount based upon negotiated fees as agreed to by the medical care service providers and the department and/or its contracted medical provider. In the absence of negotiated discounted fee schedule, medical care service providers will be paid by the department, or its contracted medical service provider, an amount no greater than the reimbursement rate applicable based on the Mississippi Medicaid reimbursement rate. The board of supervisors of any county shall not be liable for any cost associated with medical attention for prisoners who are pretrial detainees or for prisoners who have been convicted that exceeds the Mississippi Medicaid reimbursement rate or the reimbursement provided by the Department of Corrections, whichever is greater. This limitation applies to all medical care services, durable and nondurable goods, prescription drugs and medications. Such payment shall be placed in the county general fund and shall be expended only for food and medical attention for such persons.

(b) Upon vouchers submitted by the board of supervisors of any county housing offenders in county jails pending a probation or parole revocation hearing, the department shall pay, out of any available funds, the reimbursement costs provided in paragraph (a).

(c) If the probation or parole of an offender is revoked, the additional cost of housing the offender pending the revocation hearing shall be assessed as part of the offender's court cost and shall be remitted to the department.

(4) A person, on order of the sentencing court, may serve not more than twenty-four (24) months of his sentence in a county jail if the person is classified in accordance with Section 47-5-905 and the county jail is an approved county jail for housing state inmates under federal court order. The sheriff of the county shall have the right to petition the Commissioner of Corrections to remove the inmate from the county jail. The county shall be reimbursed in accordance with subsection (2).

(5) The Attorney General of the State of Mississippi shall defend the employees of the Department of Corrections and officials and employees of political subdivisions against any action brought by any person who was committed to a county jail under the provisions of this section.

(6) This section does not create in the Department of Corrections, or its employees or agents, any new liability, express or implied, nor shall it create in the Department of Corrections any administrative authority or responsibility for the construction, funding, administration or operation of county or other local jails or other places of confinement which are not staffed and operated on a full-time basis by the Department of Corrections. The correctional system under the jurisdiction of the Department of Corrections shall include only those facilities fully staffed by the Department of Corrections and operated by it on a full-time basis.

(7) An offender returned to a county for post-conviction proceedings shall be subject to the provisions of Section 99-19-42 and the county shall not receive the per day allotment for such offender after the time prescribed for returning the offender to the Department of Corrections as provided in Section 99-19-42.

SECTION 353. Section 47-7-1, Mississippi Code of 1972, is brought forward as follows:

47-7-1. This chapter shall be known as the "Probation and Parole Law."

SECTION 354. Section 47-7-3, Mississippi Code of 1972, is amended as follows:

47-7-3. (1) Every prisoner who has been convicted of any offense against the State of Mississippi, and is confined in the execution of a judgment of such conviction in the Mississippi Department of Corrections for a definite term or terms of one (1) year or over, or for the term of his or her natural life, whose record of conduct shows that such prisoner has observed the rules of the department, and who has served not less than one-fourth (1/4) of the total of such term or terms for which such prisoner was sentenced, or, if sentenced to serve a term or terms of thirty (30) years or more, or, if sentenced for the term of the natural life of such prisoner, has served not less than ten (10) years of such life sentence, may be released on parole as hereinafter provided, except that:

(a) No prisoner convicted as a confirmed and habitual criminal under the provisions of Sections 99-19-81 through 99-19-87 shall be eligible for parole;

(b) Any person who shall have been convicted of a sex crime shall not be released on parole except for a person under the age of nineteen (19) who has been convicted under Section 97-3-67;

(c) No one shall be eligible for parole until he shall have served one (1) year of his sentence, unless such person has accrued any meritorious earned time allowances, in which case he shall be eligible for parole if he has served (i) nine (9) months of his sentence or sentences, when his sentence or sentences is two (2) years or less; (ii) ten (10) months of his sentence or sentences when his sentence or sentences is more than two (2) years but no more than five (5) years; and (iii) one (1) year of his sentence or sentences when his sentence or sentences is more than five (5) years;

(d) (i) No person shall be eligible for parole who shall, on or after January 1, 1977, be convicted of robbery or attempted robbery through the display of a firearm until he shall have served ten (10) years if sentenced to a term or terms of more than ten (10) years or if sentenced for the term of the natural life of such person. If such person is sentenced to a term or terms of ten (10) years or less, then such person shall not be eligible for parole. The provisions of this paragraph (d)(i) shall also apply to any person who shall commit robbery or attempted robbery on or after July 1, 1982, through the display of a deadly weapon. This paragraph (d)(i) shall not apply to persons convicted after September 30, 1994;

(ii) No person shall be eligible for parole who shall, on or after October 1, 1994, be convicted of robbery, attempted robbery or carjacking as provided in Section 97-3-115 et seq., through the display of a firearm or drive-by shooting as provided in Section 97-3-109. The provisions of this paragraph (d)(ii) shall also apply to any person who shall commit robbery, attempted robbery, carjacking or a drive-by shooting on or after October 1, 1994, through the display of a deadly weapon;

(e) No person shall be eligible for parole who, on or after July 1, 1994, is charged, tried, convicted and sentenced to life imprisonment without eligibility for parole under the provisions of Section 99-19-101;

(f) No person shall be eligible for parole who is charged, tried, convicted and sentenced to life imprisonment under the provisions of Section 99-19-101;

(g) Notwithstanding the provisions of subsection (1)(c), a person who is convicted of aggravated domestic violence shall not be eligible for parole until he shall have served one (1) year of his sentence;

(h) No person shall be eligible for parole who is convicted or whose suspended sentence is revoked after June 30, 1995, except that an offender convicted of only nonviolent crimes after June 30, 1995, may be eligible for parole if the offender meets the requirements in subsection (1) and this paragraph. In addition to other requirements, if an offender is convicted of a drug or driving under the influence felony, the offender must complete a drug and alcohol rehabilitation program prior to parole or the offender may be required to complete a post-release drug and alcohol program as a condition of parole. For purposes of this paragraph, "nonviolent crime" means a felony other than homicide, robbery, manslaughter, sex crimes, arson, burglary of an occupied dwelling, aggravated assault, kidnapping, felonious abuse of vulnerable adults, felonies with enhanced penalties, the sale or manufacture of a controlled substance under the Uniform Controlled Substances Law, felony child abuse, or exploitation or any crime under Section 97-5-33 or Section 97-5-39(2) or 97-5-39(1)(b), 97-5-39(1)(c) or a violation of Section 63-11-30(5). An offender convicted of a violation under Section 41-29-139(a), not exceeding the amounts specified under Section 41-29-139(b), may be eligible for parole. In addition, an offender incarcerated for committing the crime of possession of a controlled substance under the Uniform Controlled Substances Law after July 1, 1995, shall be eligible for parole.

(2) Notwithstanding any other provision of law, an inmate shall not be eligible to receive earned time, good time or any other administrative reduction of time which shall reduce the time necessary to be served for parole eligibility as provided in subsection (1) of this section; however, this subsection shall not apply to the advancement of parole eligibility dates pursuant to the Prison Overcrowding Emergency Powers Act. Moreover, meritorious earned time allowances may be used to reduce the time necessary to be served for parole eligibility as provided in paragraph (c) of subsection (1) of this section.

(3) The State Parole Board shall, by rules and regulations, establish a method of determining a tentative parole hearing date for each eligible offender taken into the custody of the Department of Corrections. The tentative parole hearing date shall be determined within ninety (90) days after the department has assumed custody of the offender. Such tentative parole hearing date shall be calculated by a formula taking into account the offender's age upon first commitment, number of prior incarcerations, prior probation or parole failures, the severity and the violence of the offense committed, employment history, whether the offender served in the United States Armed Forces and has an honorable discharge, and other criteria which in the opinion of the board tend to validly and reliably predict the length of incarceration necessary before the offender can be successfully paroled.

(4) Any inmate within twenty-four (24) months of his parole eligibility date and who meets the criteria established by the classification board shall receive priority for placement in any educational development and job training programs. Any inmate refusing to participate in an educational development or job training program may be ineligible for parole.

SECTION 355. Section 47-7-5, Mississippi Code of 1972, is brought forward as follows:

47-7-5. (1) The State Parole Board, created under former Section 47-7-5, is hereby created, continued and reconstituted and shall be composed of five (5) members. The Governor shall appoint the members with the advice and consent of the Senate. All terms shall be at the will and pleasure of the Governor. Any vacancy shall be filled by the Governor, with the advice and consent of the Senate. The Governor shall appoint a chairman of the board.

(2) Any person who is appointed to serve on the board shall possess at least a bachelor's degree or a high school diploma and four (4) years' work experience. Each member shall devote his full time to the duties of his office and shall not engage in any other business or profession or hold any other public office. A member shall not receive compensation or per diem in addition to his salary as prohibited under Section 25-3-38. Each member shall keep such hours and workdays as required of full-time state employees under Section 25-1-98. Individuals shall be appointed to serve on the board without reference to their political affiliations. Each board member, including the chairman, may be reimbursed for actual and necessary expenses as authorized by Section 25-3-41.

(3) The board shall have exclusive responsibility for the granting of parole as provided by Sections 47-7-3 and 47-7-17 and shall have exclusive authority for revocation of the same. The board shall have exclusive responsibility for investigating clemency recommendations upon request of the Governor.

(4) The board, its members and staff, shall be immune from civil liability for any official acts taken in good faith and in exercise of the board's legitimate governmental authority.

(5) The budget of the board shall be funded through a separate line item within the general appropriation bill for the support and maintenance of the department. Employees of the department which are employed by or assigned to the board shall work under the guidance and supervision of the board. There shall be an executive secretary to the board who shall be responsible for all administrative and general accounting duties related to the board. The executive secretary shall keep and preserve all records and papers pertaining to the board.

(6) The board shall have no authority or responsibility for supervision of offenders granted a release for any reason, including, but not limited to, probation, parole or executive clemency or other offenders requiring the same through interstate compact agreements. The supervision shall be provided exclusively by the staff of the Division of Community Corrections of the department.

(7) (a) The Parole Board is authorized to select and place offenders in an electronic monitoring program under the conditions and criteria imposed by the Parole Board. The conditions, restrictions and requirements of Section 47-7-17 and Sections 47-5-1001 through 47-5-1015 shall apply to the Parole Board and any offender placed in an electronic monitoring program by the Parole Board.

(b) Any offender placed in an electronic monitoring program under this subsection shall pay the program fee provided in Section 47-5-1013. The program fees shall be deposited in the special fund created in Section 47-5-1007.

(c) The department shall have absolute immunity from liability for any injury resulting from a determination by the Parole Board that an offender be placed in an electronic monitoring program.

(8) (a) The Parole Board shall maintain a central registry of paroled inmates. The Parole Board shall place the following information on the registry: name, address, photograph, crime for which paroled, the date of the end of parole or flat-time date and other information deemed necessary. The Parole Board shall immediately remove information on a parolee at the end of his parole or flat-time date.

(b) When a person is placed on parole, the Parole Board shall inform the parolee of the duty to report to the parole officer any change in address ten (10) days before changing address.

(d) Records maintained on the registry shall be open to law enforcement agencies and the public and shall be available no later than July 1, 2003.

(9) An affirmative vote of at least four (4) members of the Parole Board shall be required to grant parole to an inmate convicted of capital murder or a sex crime.

(10) This section shall stand repealed on July 1, 2014.

SECTION 356. Section 47-7-9, Mississippi Code of 1972, is brought forward as follows:

47-7-9. (1) The circuit judges and county judges in the districts to which Division of Community Corrections personnel have been assigned shall have the power to request of the department transfer or removal of the division personnel from their court.

(2) (a) Division personnel shall investigate all cases referred to them for investigation by the board, the division or by any court in which they are authorized to serve. They shall furnish to each person released under their supervision a written statement of the conditions of probation, parole, earned-release supervision, post-release supervision or suspension and shall instruct him regarding the same. They shall keep informed concerning the conduct and conditions of persons under their supervision and use all suitable methods to aid and encourage them and to bring about improvements in their conduct and condition. They shall keep detailed records of their work and shall make such reports in writing as the court or the board may require.

(b) The division personnel duly assigned to court districts are hereby vested with all the powers of police officers or sheriffs to make arrests or perform any other duties required of policemen or sheriffs which may be incident to the division personnel responsibilities. All probation and parole officers hired on or after July 1, 1994, will be placed in the Law Enforcement Officers Training Program and will be required to meet the standards outlined by that program.

(c) It is the intention of the Legislature that insofar as practicable the case load of each division personnel supervising offenders in the community (hereinafter field supervisor) shall not exceed the number of cases that may be adequately handled.

(3) (a) Division personnel shall be provided to perform investigation for the court as provided in this subsection. Division personnel shall conduct presentence investigations on all persons convicted of a felony in any circuit court of the state, prior to sentencing and at the request of the circuit court judge of the court of conviction. The presentence evaluation report shall consist of a complete record of the offender's criminal history, educational level, employment history, psychological condition and such other information as the department or judge may deem necessary. Division personnel shall also prepare written victim impact statements at the request of the sentencing judge as provided in Section 99-19-157.

(b) In order that offenders in the custody of the department on July 1, 1976, may benefit from the kind of evaluations authorized in this section, an evaluation report to consist of the information required hereinabove, supplemented by an examination of an offender's record while in custody, shall be compiled by the division upon all offenders in the custody of the department on July 1, 1976. After a study of such reports by the State Parole Board those cases which the board believes would merit some type of executive clemency shall be submitted by the board to the Governor with its recommendation for the appropriate executive action.

SECTION 357. Section 47-7-17, Mississippi Code of 1972, is brought forward as follows:

47-7-17. Within one (1) year after his admission and at such intervals thereafter as it may determine, the board shall secure and consider all pertinent information regarding each offender, except any under sentence of death or otherwise ineligible for parole, including the circumstances of his offense, his previous social history, his previous criminal record, including any records of law enforcement agencies or of a youth court regarding that offender's juvenile criminal history, his conduct, employment and attitude while in the custody of the department, and the reports of such physical and mental examinations as have been made. The board shall furnish at least three (3) months' written notice to each such offender of the date on which he is eligible for parole.

Before ruling on the application for parole of any offender, the board may have the offender appear before it and interview him. The hearing shall be held two (2) months prior to the month of eligibility in order for the department to address any special conditions required by the board. No application for parole of a person convicted of a capital offense shall be considered by the board unless and until notice of the filing of such application shall have been published at least once a week for two (2) weeks in a newspaper published in or having general circulation in the county in which the crime was committed. The board shall also give notice of the filing of the application for parole to the victim of the offense for which the prisoner is incarcerated and being considered for parole or, in case the offense be homicide, a designee of the immediate family of the victim, provided the victim or designated family member has furnished in writing a current address to the board for such purpose. A parole shall be ordered only for the best interest of society, not as an award of clemency; it shall not be considered to be a reduction of sentence or pardon. An offender shall be placed on parole only when arrangements have been made for his proper employment or for his maintenance and care, and when the board believes that he is able and willing to fulfill the obligations of a law-abiding citizen. Within forty-eight (48) hours prior to the release of an offender on parole, the Director of Records of the department shall give the written notice which is required pursuant to Section 47-5-177. Every offender while on parole shall remain in the legal custody of the department from which he was released and shall be amenable to the orders of the board. The board, upon rejecting the application for parole of any offender, shall within thirty (30) days following such rejection furnish that offender in general terms the reasons therefor in writing. Upon determination by the board that an offender is eligible for release by parole, notice shall also be given by the board to the victim of the offense or the victim's family member, as indicated above, regarding the date when the offender's release shall occur, provided a current address of the victim or the victim's family member has been furnished in writing to the board for such purpose.

Failure to provide notice to the victim or the victim's family member of the filing of the application for parole or of any decision made by the board regarding parole shall not constitute grounds for vacating an otherwise lawful parole determination nor shall it create any right or liability, civilly or criminally, against the board or any member thereof.

A letter of protest against granting an offender parole shall not be treated as the conclusive and only reason for not granting parole.

The board may adopt such other rules not inconsistent with law as it may deem proper or necessary with respect to the eligibility of offenders for parole, the conduct of parole hearings, or conditions to be imposed upon parolees, including a condition that the parolee 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. The board shall have the authority to adopt rules permitting certain offenders to be placed on unsupervised parole. However, in no case shall an offender be placed on unsupervised parole before he has served a minimum of three (3) years of supervised parole.

SECTION 358. Section 47-7-23, Mississippi Code of 1972, is brought forward as follows:

47-7-23. Except as otherwise provided by law, the Department of Corrections shall have the power and duty to make rules for the conduct of persons heretofore or hereafter placed on parole under the supervision of the Department of Corrections and for the investigation and supervision of such persons, which supervision may include a condition that such persons 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. The department shall not make any rules which shall be inconsistent with the rules imposed by the State Parole Board pursuant to Section 47-7-17 on offenders who are placed on unsupervised parole.

SECTION 359. Section 47-7-25, Mississippi Code of 1972, is brought forward as follows:

47-7-25. When an offender is placed on parole he shall receive, if needed, from the state, civilian clothing and transportation to the place in which he is to reside. At the discretion of the board the offender may be advanced such sum for his temporary maintenance as the board may allow. The aforesaid gratuities are to be furnished by the Commissioner of Corrections who is authorized to charge the actual cost of same in his account as Commissioner of Corrections.

SECTION 360. Section 47-7-27, Mississippi Code of 1972, is brought forward as follows:

47-7-27. (1) The board may, at any time and upon a showing of probable violation of parole, issue a warrant for the return of any paroled offender to the custody of the department. The warrant shall authorize all persons named therein to return the paroled offender to actual custody of the department from which he was paroled. Pending a hearing upon any charge of parole violation, the offender shall remain incarcerated in any place of detention designated by the department.

(2) Any field supervisor may arrest an offender without a warrant or may deputize any other person with power of arrest by giving him a written statement setting forth that the offender has, in the judgment of that field supervisor, violated the conditions of his parole or earned-release supervision. The written statement delivered with the offender by the arresting officer to the official in charge of the department facility from which the offender was released or other place of detention designated by the department shall be sufficient warrant for the detention of the offender.

(3) The field supervisor, after making an arrest, shall present to the detaining authorities a similar statement of the circumstances of violation. The field supervisor shall at once notify the board or department of the arrest and detention of the offender and shall submit a written report showing in what manner the offender has violated the conditions of parole or earned-release supervision. An offender for whose return a warrant has been issued by the board shall, after the issuance of the warrant, be deemed a fugitive from justice.

(4) The right of the State of Mississippi to extradite persons and return fugitives from justice, from other states to this state, shall not be impaired by this chapter and shall remain in full force and effect. An offender convicted of a felony committed while on parole, whether in the State of Mississippi or another state, shall immediately have his parole revoked upon presentment of a certified copy of the commitment order to the board. If an offender is on parole and the offender is convicted of a felony for a crime committed prior to the offender being placed on parole, whether in the State of Mississippi or another state, the offender may have his parole revoked upon presentment of a certified copy of the commitment order to the board.

(5) At the next meeting of the board after the issuance of a warrant for the return of an offender, if the offender has been taken into custody, he shall be given an opportunity to appeal to the board in writing or in person why his parole should not be revoked. The board may then, or at any time in its discretion, terminate the parole or modify the terms and conditions thereof. If the board revokes parole, the offender shall serve the remainder of the sentence originally imposed, but the time served on parole before revocation shall be credited toward the offender's sentence. The board may grant the offender a second parole. If a second parole shall not be granted, then the offender shall serve the remainder of the sentence originally imposed, but the time served on parole before revocation shall be credited toward the offender's sentence.

(6) The chairman and each member of the board and the designated parole revocation hearing officer may, in the discharge of their duties, administer oaths, summon and examine witnesses, and take other steps as may be necessary to ascertain the truth of any matter about which they have the right to inquire.

SECTION 361. Section 47-7-29, Mississippi Code of 1972, is brought forward as follows:

47-7-29. Any prisoner who commits a felony while at large upon parole or earned-release supervision and who is convicted and sentenced therefor shall be required to serve such sentence after the original sentence has been completed.

SECTION 362. Section 47-7-31, Mississippi Code of 1972, is brought forward as follows:

47-7-31. Upon request of the Governor the Department of Corrections shall investigate and report to him with respect to any case of pardon, commutation of sentence, reprieve, furlough or remission of fine or forfeiture.

Any attorney of record in the State of Mississippi representing any person whose record is before the department shall have the right to inspect such records on file with the department.

SECTION 363. Section 47-7-33, Mississippi Code of 1972, is brought forward as follows:

47-7-33. (1) When it appears to the satisfaction of any circuit court or county court in the State of Mississippi having original jurisdiction over criminal actions, or to the judge thereof, that the ends of justice and the best interest of the public, as well as the defendant, will be served thereby, such court, in termtime or in vacation, shall have the power, after conviction or a plea of guilty, except in a case where a death sentence or life imprisonment is the maximum penalty which may be imposed or where the defendant has been convicted of a felony on a previous occasion in any court or courts of the United States and of any state or territories thereof, to suspend the imposition or execution of sentence, and place the defendant on probation as herein provided, except that the court shall not suspend the execution of a sentence of imprisonment after the defendant shall have begun to serve such sentence. In placing any defendant on probation, the court, or judge, shall direct that such defendant be under the supervision of the Department of Corrections.

(2) When any circuit or county court places an offender on 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 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 probation.

(3) When any circuit court or county court places a person on probation in accordance with the provisions of this section and that person is ordered to make any payments to his family, if any member of his family whom he is ordered to support is receiving public assistance through the State Department of Public Welfare, the court shall order him to make such payments to the county welfare officer of the county rendering public assistance to his family, for the sole use and benefit of said family.

SECTION 364. Section 47-7-35, Mississippi Code of 1972, is brought forward as follows:

47-7-35. (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;

(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.

SECTION 365. Section 47-7-37, Mississippi Code of 1972, is brought forward as follows:

47-7-37. The period of probation shall be fixed by the court, and may at any time be extended or terminated by the court, or judge in vacation. Such period with any extension thereof shall not exceed five (5) years, except that in cases of desertion and/or failure to support minor children, the period of probation may be fixed and/or extended by the court for so long as the duty to support such minor children exists.

At any time during the period of probation, the court, or judge in vacation, may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the probationer to be arrested. Any probation and parole officer may arrest a probationer without a warrant, or may deputize any other officer with power of arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the probation and parole officer, violated the conditions of probation. Such written statement delivered with the probationer by the arresting officer to the official in charge of a county jail or other place of detention shall be sufficient warrant for the detention of the probationer.

If a probationer or offender is subject to registration as a sex offender, the court must make a finding that the probationer or offender is not a danger to the public prior to release with or without bail. In determining the danger posed by the release of the offender or probationer, the court may consider the nature and circumstances of the violation and any new offenses charged; the offender or probationer's past and present conduct, including convictions of crimes and any record of arrests without conviction for crimes involving violence or sex crimes; any other evidence of allegations of unlawful sexual conduct or the use of violence by the offender or probationer; the offender or probationer's family ties, length of residence in the community, employment history and mental condition; the offender or probationer's history and conduct during the probation or other supervised release and any other previous supervisions, including disciplinary records of previous incarcerations; the likelihood that the offender or probationer will engage again in a criminal course of conduct; the weight of the evidence against the offender or probationer; and any other facts the court considers relevant.

The probation and parole officer after making an arrest shall present to the detaining authorities a similar statement of the circumstances of violation. The probation and parole officer shall at once notify the court of the arrest and detention of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation. Thereupon, or upon an arrest by warrant as herein provided, the court, in termtime or vacation, shall cause the probationer to be brought before it and may continue or revoke all or any part of the probation or the suspension of sentence, and may cause the sentence imposed to be executed or may impose any part of the sentence which might have been imposed at the time of conviction.

If the probationer is arrested in a circuit court district in the State of Mississippi other than that in which he was convicted, the probation and parole officer, upon the written request of the sentencing judge, shall furnish to the circuit court or the county court of the county in which the arrest is made, or to the judge of such court, a report concerning the probationer, and such court or the judge in vacation shall have authority, after a hearing, to continue or revoke all or any part of probation or all or any part of the suspension of sentence, and may in case of revocation proceed to deal with the case as if there had been no probation. In such case, the clerk of the court in which the order of revocation is issued shall forward a transcript of such order to the clerk of the court of original jurisdiction, and the clerk of that court shall proceed as if the order of revocation had been issued by the court of original jurisdiction. Upon the revocation of probation or suspension of sentence of any offender, such offender shall be placed in the legal custody of the State Department of Corrections and shall be subject to the requirements thereof.

Any probationer who removes himself from the State of Mississippi without permission of the court placing him on probation, or the court to which jurisdiction has been transferred, shall be deemed and considered a fugitive from justice and shall be subject to extradition as now provided by law. No part of the time that one is on probation shall be considered as any part of the time that he shall be sentenced to serve.

The arresting officer, except when a probation and parole officer, shall be allowed the same fees as now provided by law for arrest on warrant, and such fees shall be taxed against the probationer and paid as now provided by law.

The arrest, revocation and recommitment procedures of this section also apply to persons who are serving a period of post-release supervision imposed by the court.

SECTION 366. Section 47-7-41, Mississippi Code of 1972, is brought forward as follows:

47-7-41. When a probationer shall be discharged from probation by the court of original jurisdiction, the field supervisor, upon receiving a written request from the probationer, shall forward a written report of the record of the probationer to the Division of Community Corrections of the department, which shall present a copy of this report to the Governor. The Governor may, in his discretion, at any time thereafter by appropriate executive order restore any civil rights lost by the probationer by virtue of his conviction or plea of guilty in the court of original jurisdiction.

SECTION 367. Section 47-7-47, Mississippi Code of 1972, is brought forward as follows:

47-7-47. (1) The judge of any circuit court may place an offender on a program of earned probation 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 one (1) year after the defendant has been delivered to the custody of the department, to which he has been sentenced, suspend the further execution of the sentence and place the defendant on earned probation, 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.

SECTION 368. Section 47-7-49, Mississippi Code of 1972, is brought forward as follows:

47-7-49. (1) Any offender on probation, parole, earned-release supervision, post-release supervision, earned probation or any other offender under the field supervision of the Community Services Division of the department shall pay to the department the sum of Fifty-five Dollars ($55.00) per month by certified check or money order unless a hardship waiver is granted. An offender shall make the initial payment within thirty (30) days after being released from imprisonment unless a hardship waiver is granted. A hardship waiver may be granted by the sentencing court or the Department of Corrections. A hardship waiver may not be granted for a period of time exceeding ninety (90) days. The commissioner or his designee shall deposit Fifty Dollars ($50.00) of each payment received into a special fund in the State Treasury, which is hereby created, to be known as the Community Service Revolving Fund. Expenditures from this fund shall be made for: (a) the establishment of restitution and satellite centers; and (b) the establishment, administration and operation of the department's Drug Identification Program and the intensive and field supervision program. The Fifty Dollars ($50.00) may be used for salaries and to purchase equipment, supplies and vehicles to be used by the Community Services Division in the performance of its duties. Expenditures for the purposes established in this section may be made from the fund upon requisition by the commissioner, or his designee.

Of the remaining amount, Three Dollars ($3.00) of each payment shall be deposited into the Crime Victims' Compensation Fund created in Section 99-41-29, and Two Dollars ($2.00) shall be deposited into the Training Revolving Fund created pursuant to Section 47-7-51. When a person is convicted of a felony in this state, in addition to any other sentence it may impose, the court may, in its discretion, order the offender to pay a state assessment not to exceed the greater of One Thousand Dollars ($1,000.00) or the maximum fine that may be imposed for the offense, into the Crime Victims' Compensation Fund created pursuant to Section 99-41-29.

Any federal funds made available to the department for training or for training facilities, equipment or services shall be deposited into the Correctional Training Revolving Fund created in Section 47-7-51. The funds deposited in this account shall be used to support an expansion of the department's training program to include the renovation of facilities for training purposes, purchase of equipment and contracting of training services with community colleges in the state.

No offender shall be required to make this payment for a period of time longer than ten (10) years.

(2) The offender may be imprisoned until the payments are made if the offender is financially able to make the payments and the court in the county where the offender resides so finds, subject to the limitations hereinafter set out. The offender shall not be imprisoned if the offender is financially unable to make the payments and so states to the court in writing, under oath, and the court so finds.

(3) This section shall stand repealed from and after June 30, 2015.

SECTION 369. Section 47-7-53, Mississippi Code of 1972, is brought forward as follows:

47-7-53. If the Parole Board is abolished, the Department of Corrections shall assume and exercise all the duties, powers and responsibilities of the State Parole Board. The Commissioner of Corrections may assign to the appropriate officers and divisions any powers and duties deemed appropriate to carry out the duties and powers of the Parole Board. Wherever the terms "State Parole Board" or "Parole Board" appear in any state law, they shall mean the Department of Corrections.

SECTION 370. This act shall take effect and be in force from and after July 1, 2014.