
2019 Priority Legislation
CASH BAIL REFORM: HB 949 & HB 1081 - REFERRED TO HOUSE JUD B.
Cash bail is one of the most corrupt and broken parts of the justice system. It lets the size of a person’s wallet determine whether a person – who has been accused, but not convicted of a crime – can return home or stay locked up in jail while awaiting their day in court. Mississippi’s cash bail system punishes those who are too poor to pay. Legislation that we are advocating for ensures that bail is not used as a penalty, and is the last resort for ensuring court appearance. The amendments will help save precious taxpayer dollars while also providing the autonomy judges need to reasonably determine the most effective way to ensure the accused’s return to court.
Status: Died in committee.
Download Our Priority Bill One-Pagers Below
POLICIES FOR BODY-WORN CAMERAS BY LAW ENFORCEMENT: HB 1005 - REFERRED TO HOUSE JUD B. SB 2371 - REFERRED TO SENATE JUD A.
Body cameras have the potential to serve as a check against the abuse of power by police officers. They are a win-win, helping to protect the public against police misconduct, and at the same time guarding against false accusations of abuse. Without a comprehensive policy in place that includes provisions for citizens’ privacy, transparency, and accountability, body cameras can serve as another police surveillance tool. We are advocating for legislation that ensures that body cameras will serve to protect the public, without becoming another system for routine surveillance. While our legislation will not mandate that all Mississippi law enforcement officers be equipped with body cameras, it will ensure sure that those that are equipped will do so within a framework of strong policies.
Status: Died in committee.
WRITTEN CONSENT TO SEARCH VEHICLES AND POLICIES FOR LAW ENFORCEMENT BODY CAMERAS: HB 992 - Referred to House Jud B.
Police search thousands of cars each year at Mississippi traffic stops, usually looking for guns or drugs, through a simple request for a driver to consent. Drivers often don’t know that they can say no, or may feel coerced and isolated by the side of the road. However, law enforcement does not need permission to search a car if there is evidence of reasonable suspicion of a crime. The ACLU of Mississippi is advocating for legislation to ensure that drivers understand their constitutional right to say no to a request to search by requiring written consent with a simple disclosure. This will cover instances when an officer doesn’t have a warrant, is not making an arrest, or does not have probable cause. Written consent improves policing as well as protects public safety and civil liberties.
Status: Died in committee.
Here are the Criminal Justice Reform bills we're tracking this legislative session:
SUPPORT
The criminalization of poverty perpetuates poverty, and counterproductive license suspensions are a clear example. This bill will allow hardship waivers for those who cannot afford to make child support payments so that they can get to and from work. Courts should look at a person’s ability to pay child support and the impact suspension of a driver’s licenses would have on the person’s ability to pay.
HB 311 - Expungement; revise list of felonies that may be authorized for.
Second chances are an indispensable piece of successful reentry. This bill will increase access to second chances by making more people eligible for expungement of certain felonies from their record.
Status: Died in committee.
HB 315 - Sexual harassment; create a state cause of action.
Sexual harassment is a civil rights violation, and the culture of sexual harassment must be dismantled. This bill will stop gender based violence and harassment in the workplace, create meaningful accountability which should include civil rights remedies that shift the focus far punishing the offender to provide redress for the victim.
Status: Died in committee.
HB 334 - Mental health courts; authorize to be established throughout the state.
This bill will facilitate the expansion of mental health courts in Mississippi.
Status: Died in committee.
HB 350 - DOC; authorize awarding of certain participation credits for offenders in technical violations centers.
This legislation will create violation centers that will include substance abuse services shown to reduce recidivism, and employment preparation through educational programs, training, and behavioral programs.
Status: Died in committee.
HB 404 - Employment application form; prohibit criminal background information from being asked on.
This bill will prevent job discrimination by prohibiting criminal background history when filling out a job application, thereby providing a fair chance at hiring for formerly incarcerated individuals.
Status: Died in committee.
HB 416 - Inmates convicted of capitol offenses; provide parole eligibility after certain requirements are met.
Opening the door for individuals convicted of capital offenses to be released on parole will help provide more rehabilitation opportunities, versus incarcerating individuals indefinitely.
Status: Died in committee.
HB 480 - Rights of youth taken into custody for delinquent act, certain; require legal counsel be consulted before waiver of certain rights may occur.
The practice of allowing youth to waive their right to counsel has created a system where youth rights don't exist. Youth often don't fully understand the consequences of their waiver of counsel. This bill will ensure that youth have access to counsel prior to waiving their rights.
Status: Died on calendar.
HB 481 - An act to create The Consumer Arrest Record Equity (CARE) Act, which provides a mechanism for a person to have his or her arrest record sealed under certain circumstances if a conviction did not occur as a result of the arrest.
Involvement in the criminal justice system can wreak havoc on a person's life, even if they weren't convicted of a crime. This bill would have reduced the collateral consequences that come with being arrested for a crime.
Status: Died in committee.
HB 558 - Mandatory minimum sentences for crimes committed by offenders; revise which offenders are eligible for.
Extreme sentencing laws keep people in prisons for far too long. Lowering mandatory minimums is smart justice and helps to reduce mass incarceration in Mississippi.
Status: Died in committee.
HB 570 - Bail; provide imposition of by courts under certain circumstances whether no other condition ensure defendant’s appearance.
This legislation would have helped return our pretrial system to the way it should be -- one in which money bail is a last resort to ensure court appearance. Pretrial liberty should be the rule, not the exception that is reserved for people with wealth.
Status: Died in committee.
HB 616 - State inmates eligible for release; require notification of certain terms and conditions of release be given to.
This amendment will require the Department of Corrections to notify the inmate if they are eligible for parole, post-release supervision, or probation. Receiving this information on the front-end will help to reduce the likelihood of recidivism.
Status: Died in committee.
This amendment will allow offenders to complete a workforce training at a community college or workforce development center as a form of rehabilitation instead of being penalized with a crime. It will be paid for through the Mississippi Department of Corrections. We support this bill because it will decrease the mass incarceration rate by providing rehabilitation opportunities.
Status: Died in committee.
This amendment will suspend requirement payments for inmates who are incarcerated. No one should be penalized for not being able to pay child support while incarcerated because they cannot seek employment.
Status: Died in committee.
HB 684 - Juvenile offenders convicted of murder; revise sentencing options for.
This bill creates alternative sentencing for juveniles who would otherwise be sentences to life in prison. Children who are sentenced as adults should be entitled to special protection and treatment.
Status: Died in committee.
HB 825 - The Clean Slate Act; create to authorize certain people to petition the court to have arrest and conviction records sealed.
This bill would have reduced the collateral consequences that come with involved with the criminal justice system.
Status: Died in committee.
HB 881 - Opioid Crisis Intervention Act; create.
This bill would have helped to reduce the prison population by providing treatment to those who are addicted instead of adding to the prison population, which is an outdated approach to drug abuse.
Status: Died on the Calendar
HB 1067 - Youth court; revise who may attend hearings and require to send certain monthly cumulative data to Administrative Office of Courts.
This bill will create transparency in youth court while protecting confidentiality.
Status: Referred to Senate Jud A.
HB 1352 - Criminal Justice Reform Act; create.
This comprehensive bill will help to reduce the state's mass incarceration crisis. Its benefits include: reorganizes drug courts to cover matters like mental health courts under the umbrella of "intervention" courts, expands advisory committee, data collection, clinical assessments, allows fee waiver, prevents driver's license suspensions for non-driving offenses, expands expungement of records, lifts automatic bans on occupational licenses, and sets up a "recidivism reduction" fund from savings in prison reduction for use in reentry programs.
Status: Signed by Governor.
SB 2328 - Forensic Mental Health Act of 2019; create.
This bill will bring Mississippi law into compliance with federal constitution, by expediting mental evaluations in criminal cases and getting people with severe mental illness out of jail and into the civil commitment system.
Status: Sent to House Jud B Committee.
SB 2490 - MDOC supervised release; prohibit incarceration for minor violations of & reduce maximum term for certain forms of.
Limiting incarceration for minor violations is a step toward reducing the state's addiction to prison.
Status: Died in committee.
SB 2781 - Mississippi Fresh Start Act; create to require the revision of licensing restrictions based on criminal records.
This bill would remove any automatic bars to occupational licenses due to prior felony conviction.
Status: Passed House Jud A Committee.
SB 2791 - Re-entry and employability; implement mechanisms to provide.
This bill would have improved public safety while also reducing incaceration rates, containing evidence-based, comprehensive solutions that also support reentry.
Status: Died on calendar.
Oppose
HB 10 - School attendance officers; require to visit home of certain children within 72 hours of unexcused absence.
This legislation will employ school attendance officers determined by the Office of Compulsory School Attendance Enforcement to enforce the provision of the Mississippi Compulsory School Attendance. Truancy functions as punitive mechanism that disproportionately affects children of color and children with disabilities. This bill will result in parents being imprisoned and therefore families separated.
Status: Died in committee.
HB 11 - Compulsory school attendance; require youth court petition after third unlawful absence and authorize community service for violations.
Our Position: School attendance officers serve a role in school that is distinct from law enforcement. This bill will lead to a violation of many students’ Fourth, Sixth, and Fourteenth Amendment rights. School administrators should address a student absence from school. Student issues should be dealt with appropriate social service responses not criminalized.
Status: Died in committee.
HB 20 - Conjugal visits; prohibit for offenders committed to the custody of the Department of Corrections.
Conjugal visits, as with any visitation, help prisoners maintain their humanity while incarcerated. Therefore, such visits help in the transition to contributing positively to society once they are released. No legislative act should deny that opportunity for true rehabilitation.
Status: Died in committee.
This bill will classify the killing of a utility worker as capital murder. Not only is it unnecessary, but there is no evidence that utility workers are violently targeted.
Status: Died in committee.
HB 100 - Children’s Advocacy Centers Fund; provide an additional assessment on drug/alcohol violations for foster care programs.
This legislative will provide an additional criminal assessment on drug and alcohol misdemeanors and felonies to be used for foster children programs. There is no nexus connection between drug and alcohol and the foster program. This bill seeks to further criminalize drug misuse instead to provide treatment.
Status: Died on calendar.
HB 121 - HIV crimes; increase penalties for intentional exposure to blood or seminal fluid.
Having HIV is not a crime.
Status: Died in committee.
HB 221, HB 271, SB 2420 - Indecent assault; create crime of.
Mississippi holds the third highest incarceration rate in the nation. Creating new crimes perpetuates the state’s addiction to prison.
Status: House bills died in committee. Senate bill referred to House Jud B Committee.
While the ACLU of MS believes that body-worn cameras can be a win-win for police and the communities they serve, they must be deployed alongside policies that include provisions for citizens’ privacy, transparency, and accountability. Without the proper policies in place, body-worn cameras can become a surveillance tool.
Status: Died in committee.
A penalty for disturbance of a school session or meeting already exists. Creating a new crime is unnecessary and creates a slippery slope likely to lead to costly litigation protecting a fundamental right to free speech.
Status: Died in committee.
This legislation will unnecessarily amend the current Mississippi Street Gang Act. It will make membership in a gang a felony with no eligibility for parole, regardless if said member had not committed any crimes that may be attributed to that particular gang. We oppose legislation that can arbitrarily define what constitutes a “gang”, under the guise of creating a safe society. In addition, this legislation will disproportionately impact communities of color by making them more susceptible to being unfairly and unnecessarily harassed and targeted by law enforcement. It will further result in increases prison population.
Status: Died in committee.
Bail schedules take away an individual's assessment of ability to pay. This bill would perpetuatee wealth-based incarceration.
Status: Died in committee.
HB 871 - Parole to a detainer; codify and prescribe process for use of.
This bill would have required sheriffs to check and make sure jail inmates aren't breaking parole conditions before releasing them.
Status: Died on calendar.
Status: Died in committee.
Neutral
HB 453 - Body-warn cameras; prohibit law enforcement from recreating past activities with.
This act will help to implement bare minimum guidelines for usage of body-worn cameras by law enforcement. However, it does not go far enough to ensure protection of citizen’s privacy nor provide comprehensive provisions towards transparency and accountability.
Status: Died in committee.