2014 House Bill 585 (Requested Revisions)

Fellow Sheriffs, This email is in reference to House Bill 585.
Our district attorney , Michael Guest, and his staff along with Madison County Sheriff Randy Tucker and myself have studied the bill extensively. We have attempted to develop a compromise which Michael Guest has outlined below. We are definitely not trying to speak on your behalf and welcome any and all input from the other 80 counties. The summary below will also be attached to this email.
House Bill 585

Please review and considered the following requested changes to House Bill 585. 1. House Bill 585 will change values on property crimes that require a dollar value to be proven as an element of the offense (Larceny, received stolen property, embezzlement, shoplifting, malicious mischief, etc.) The bill contains the following tiered system regarding the dollar value of property offenses: A. Less than $1000.00 misdemeanor B. $1000 -$5000 Max 5 years C. $5000-$25,000 Max 10 years D. More than $25,000 Max 20 years Requested revision as to dollar value it is believed these amounts are more in line with the expectation of the public: A. Less than $750.00 misdemeanor B. $750 -$2500 Max 5 years C. $2500-$25,000 Max 10 years D. More than $25,000 Max 20 years *** Any increase in the dollar amount required for a crime to rise to the level of a felony would act to push cost down to the municipal and county government. This cost increase would come in the form of additional prosecution cost associated with an immediate increase of crimes classified as misdemeanor, and would also include all cost associated with incarceration, including medical expenses, of the numerous additional misdemeanor offenders. While counties may be able to offset some of the additional cost by reimbursements for holding probation and parole violators the municipalities will receive no financial help. Many local officials have expressed that they would be unable to handle these additional cost. The requested revision still allows for significant saving to the State of Mississippi. The requested revision would raise the value from the current level of $500.00 to $750.00 and would also keep intact the reduction of the current maximum penalties from 10 years to 5 years on the large majority of crimes that require value be proven.
As to the increased penalties set out where the value of the property exceeds $25,000.00 this would apply in only an extremely small percentage of cases. Expect for this small percentage of property crime, the maximum penalties on all felony crimes having a value of less than $25,000.00 would be kept at current levels or in many cases reduced. 2. Section 40 of the HB 585 codifies those offenses which are classified as violent for the purpose of sentencing. Requested Revision - The following statues should be included to the list of violent crimes: a. Gratification of Lust - 97-5-23 b. Assault on a Law Enforcement Officer - 97-3-7(1)(b) c. 3rd Offense Domestic Violence - 97-3-7(3)(b) d. Felony Child Abuse 97-3-73 e. Robbery 97-3-73 f. Carjacking 97-5-39 *** It is our strong belief that we must do everything we can to protect members of law enforcement, children and the victims of domestic violence. Law enforcement officers place their lives in jeopardy on a daily basis to protect the public and they deserve the small amount of protection that we can provide them by making any assault on an officer a crime of violence. By classify these offenses as violence it will increase the amount of time these offender would be required to serve from 25% to 50%. Gratification of lust is already classified as a sex offense and including this offense would not change the percentage of time the offender would be required to serve. We do not feel that reclassification of these offenses would have a measured impact on the prison population and further reduce available bed for violent and career offender. The Mississippi Prosecutors Association has also recommended that several of the offenses we have identified be reclassified as violent crimes. 3. Under Section 41 of HB 585 it appears to remove the requirement that those convicted of armed robbery and armed carjacking be required to serve their sentences without the possibility of parole. The bill appears to allow release after serving only 50% of the sentence imposed by the Court. Requested Revision The language that would allow these offenders to be eligible for parole after serving 50% of the sentence imposed by the court should be removed and the percentage of sentence required to be served should remain at current level. *** The intent of House Bill 585 is designed to ensure prison space is available for violent offenders. The offenses of armed robbery and armed carjacking are by nature violent,
extremely dangerous and life threatening. Therefore, any change to the amount of time required to be served by these offenders would not only impact public safety but would conflict with the intent of HB 585. The Mississippi Prosecutors Association has also recommended that the language be removed.
4. HB 585 would require Judges in all misdemeanor cases in which value is a required element to make a finding as to why criminals should not be sentenced to probation before the court can consider incarceration. Requested Revision - the following language should be removed throughout the bill: if the court finds substantial and compelling reasons why the offender cannot be safely and effectively supervised in the community, is not amenable to community based treatment, or poses a significant risk to public safety. If such a finding is not made, the court shall suspend the sentence of imprisonment and impose a period of probation not to exceed one (1) year *** The removal of this language would have no impact to the cost saving provided in HB 585 as it relates only to misdemeanor offenses and would remove the presumption that incarceration should only be considered as a matter of last resort.
5. HB 585 raises the maximum potential penalties on many of the misdemeanor offenses in which the value must be proven to one year in jail. Prosecuting attorneys in lower courts have expressed concerns that the increase of the maximum penalties from six months to a year would entitle defendants to a trial by jury (when requested) instead of a bench trial.
Requested Revision - The maximum sentences on misdemeanor offenses, that require value to be proven as an element of the offense, remain at the current level of six months.
*** This would have no impact to the cost saving provided in HB 585 as it relates only to misdemeanor offenses. This change would prevent the possibility of additional cost being shifted to the counties and cities to provide jury trials on these misdemeanor offenses and would reduce burdens on local jurisdictions.
6. Section 38 and 39 of HB 5858 reduces the penalties on sale, possession of a controlled substance and possession of precursor chemicals. The bill sets forth a graduated penalty on sale cases based upon the amount of narcotics sold. The move to a weight based tiered system was recommended by the Mississippi Justice Criminal Task Force. Requested Revisions: A. Increase the penalties for those charged with the sale of less than two grams or less than 10 dosage units of a schedule I or II controlled substance from 5 years to 12 years. B. Increase the penalties for those charged with the sale of less than two grams or less than 10 dosage units of a schedule III or IV controlled substance from 2 years to 8 years. C. Increase the penalties for those charged with Possession of Precursor Chemicals from 5 years to 15 years. D. Increase the penalties for those charged with the sale of more than 30 grams of marijuana but less than a kilogram of marijuana from 5 years to 10 years. *** Our concerns rest with the penalties that been proposed for the lower tiered drug dealers. The vast majority of all sale cases (I would estimate at 90% or more) would fall into the lowest tiered range of less than 2 grams, while almost none would fall into the top tier of more than 30 grams. In addition all sale cases would be parole eligible after having served only 25% of the sentence imposed by the Court thereby greatly reducing the amount of time that drug dealers would serve. The requested revised penalties would assure that an offender who was sentenced to the maximum 12 years on a sale of cocaine/methamphetamine/heroin would serve a minimum of 3 years in custody before being released (12 years X 25% = 3 actual years of incarceration). The Mississippi Prosecutors Association (MPA) has also recommended the revisions of lower tiered drug sentences. The MPA has stated that failure to increase the penalty will force the State to incur large sums of money in trying every low level trafficking case and concluded that increasing the penalties will assist prosecutors to negotiate pleas and avoid the cost of trial.
Thank you for considering the above request revisions. We hope to be able to work with both the House and the Senate as we seek to help contain the cost of correction without jeopardizing public safety.

2014 House Bill 585 (Requested Revisions)

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Fellow Sheriffs, This email is in reference to House Bill 585.

House Bill 585

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