House Bill 107

(As Passed the House)

AN ACT TO CREATE SECTION 47-7-27.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF THE PAROLE BOARD FINDS BY PREPONDERANCE OF THE EVIDENCE THAT A PAROLEE IS CHARGED WITH A FELONY AND/OR BY A PREPONDERANCE OF THE EVIDENCE THAT HE OR SHE HAS VIOLATED PAROLE OR HAS ABSCONDED FROM SUPERVISION, THEN THE PAROLE BOARD MAY REVOKE PAROLE AND IMPOSE ANY OR ALL THE TIME REMAINING ON PAROLE FOR A PAROLEE; TO PROVIDE A CERTAIN DEFINITION; TO PROVIDE CERTAIN CIRCUMSTANCES THAT REQUIRE A PAROLEE'S REVOCATION BE SET ASIDE; AND FOR RELATED PURPOSES.

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

SECTION 1. The following section shall be codified as Section 47-7-27.1, Mississippi Code of 1972:

47-7-27.1. Notwithstanding any other provision of law to the contrary, if the parole board finds by preponderance of the evidence that a parolee is charged with a felony and/or by a preponderance of the evidence that he or she has violated parole or has absconded from supervision, then the parole board may revoke his or her parole and impose any or all of the time remaining on parole. For purposes of this section, "absconded from supervision" means the failure of a parolee to report to his or her supervising officer for six (6) or more consecutive months. But if the parolee's felony charge is later dismissed or he is found "not guilty" thereof, or the charge is otherwise disposed of without conviction, the parolee's revocation shall be set aside and his parole reinstated just as if it had not been revoked.

SECTION 2. This act shall take effect and be in force from and after July 1, 2016.