reglab/housing_qa huggingface dataset:
MS Code § 99-19-57 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|In General|§ 99-19-57. Execution of death sentence; suspension of sentence when offender is pregnant or a person with mental illness

  If the Commissioner of Corrections at any time is satisfied that any female offender in his custody under sentence of death is pregnant, he shall summon a physician to inquire into the pregnancy. The commissioner shall summons and swear all necessary witnesses and the commissioner after full examination shall certify under his hand what the truth may be in relation to the alleged pregnancy, and in case the offender is found to be pregnant, the commissioner shall immediately transmit his findings to the Governor, and the Governor shall suspend the execution of the sentence until he is satisfied that the offender is not or is no longer pregnant. The Governor shall then order, by his warrant to the commissioner, the execution of the offender on a day to be appointed by the Governor according to the sentence and judgment of the court.     If it is believed that an offender under sentence of death has become mentally ill since the judgment of the court, the following shall be the exclusive procedural and substantive procedure. The offender, or a person acting as his next friend, or the Commissioner of Corrections may file an appropriate application seeking post-conviction relief with the Mississippi Supreme Court. If it is found that the offender is a person with mental illness, as defined in this subsection, the court shall suspend the execution of the sentence. The offender shall then be committed to the forensic unit of the Mississippi State Hospital at Whitfield. The order of commitment shall require that the offender be examined and a written report be furnished to the court at that time and every month thereafter, stating whether there is a substantial probability that the offender will become sane under this subsection within the foreseeable future and whether progress is being made toward that goal. If at any time during the commitment, the appropriate official at the state hospital considers the offender to be sane under this subsection, the official shall promptly notify the court to that effect in writing and place the offender in the custody of the Commissioner of Corrections. The court then shall conduct a hearing on the sanity of the offender. The finding of the circuit court is a final order appealable under the terms and conditions of the Mississippi Uniform Post-Conviction Collateral Relief Act.   For the purposes of this subsection, a person shall be deemed to be a person with mental illness if the court finds that the offender does not have sufficient intelligence to understand the nature of the proceedings against him, what he was tried for, the purpose of his punishment, the impending fate that awaits him, and a sufficient understanding to know any fact that might exist that would make his punishment unjust or unlawful and the intelligence requisite to convey that information to his attorneys or the court.
MS Code § 99-19-61 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|In General|§ 99-19-61. Cost of trial and/or execution of one committing crime within confines of penitentiary, or of inmate committing crime outside bounds of penitentiary

 The commissioner of corrections is hereby authorized and empowered to pay out of any available funds of the department of corrections all lawful costs, fees, and expenses and/or the costs of the execution of any person, not a legal resident of Sunflower County, Mississippi, who is charged, tried and/or executed for the commission of a crime within the confines of the penitentiary, or any crime committed outside the bounds of the land of the penitentiary by any inmate lawfully charged thereto. Such costs shall include the reasonable expense of burial in the event the person is executed and the body is not claimed by relatives or friends, and any and all other expenses required to be borne by the state of Mississippi under the provisions of Sections 99-19-53 and 99-19-55. It is intended hereby to provide a means and method and source of payment of such expenses which said sections require to be borne by the state.
MS Code § 99-19-65 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|In General|§ 99-19-65. Collection of fines, penalties, and list reported

 The clerk of the circuit court shall, immediately after the adjournment of every term, issue execution according to the nature of the case, for all fines, penalties and forfeitures assessed by the court, or which shall have accrued to the state or to the county, and remaining due and unpaid. Said clerk shall, within thirty days after such adjournment, transmit a list of said executions to the clerk of the board of supervisors of the county, noting the names of the defendants, the amounts, and the sheriff or other officer to whom the same was delivered; and, at the same time he shall transmit to said clerk a statement of the returns made by the sheriff or other officer on execution for fines, penalties, and forfeitures returnable to the last term of the court. Any circuit court clerk who shall fail to issue such executions, or to transmit the lists thereof as required, shall forfeit and pay the sum of two hundred dollars for every such offense, to be recovered by the state or county, on motion against him and his sureties by the district attorney, before the circuit court. The clerk of the board of supervisors shall notify the district attorney of such default.
MS Code § 99-19-67 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|In General|§ 99-19-67. Remedy against officer, in reference to fines

 If any sheriff or other officer shall return on any such writ of execution, that he hath levied the fine, penalty, or forfeiture therein mentioned, or any part thereof; or, that he hath taken the body of the defendant, and shall have suffered such defendant to escape; or, if any person be committed to the custody of such sheriff or other officer until the fine, penalty, or forfeiture for which he was committed shall be paid, and such sheriff or officer shall permit such defendant to escape; or, if such sheriff or officer shall have received such fine, penalty, or forfeiture, or any part thereof, and shall not immediately account to the clerk of the board of supervisors and pay the same into the treasury of the county, then, in either of the cases above specified, it shall be the duty of said clerk to notify the district attorney of such default, who shall thereupon, on motion at the next term of the circuit court, demand judgment against such sheriff, or other officer, and his sureties, for the fines, penalties, and forfeitures mentioned in such writs, or for so much thereof as he shall have received on such execution or commitment, or the whole amount thereof in case he shall have suffered such defendant or defendants to escape; and the court shall give judgment accordingly, and award execution thereon.
MS Code § 99-19-69 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|In General|§ 99-19-69. Liability of officers for default as to fines

 Clerks, sheriffs, and other officers shall be liable to the same proceedings for any neglect of duty, in respect to executions for fines, penalties, and forfeitures, as in case of executions in civil cases.
MS Code § 99-19-72 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|In General|§ 99-19-72. Filing fee for petition to expunge certain first offenses; distribution of fees collected

  A filing fee of One Hundred Fifty Dollars ($150.00) is hereby levied on each petition to expunge an offense under Section 99-19-71 to be collected by the circuit clerk and distributed as follows:   One Hundred Dollars ($100.00) to be deposited into the Judicial System Operation Fund;   Forty Dollars ($40.00) to be deposited into the District Attorneys Operation Fund; and   Ten Dollars ($10.00) to be retained by the circuit clerk collecting the fee for administration purposes.     From and after July 1, 2016, the expenses of district attorneys shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized by paragraphs (a) and (b) of subsection (1) of this section shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer, and charges and fees authorized by paragraph (c) of subsection (1) of this section shall be retained by the circuit clerks for expenditures authorized by law.
MS Code § 99-19-75 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|In General|§ 99-19-75. Assessment on certain offenses against children to be deposited in Mississippi Children's Trust Fund

 In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected from each person upon whom a court imposes a fine or other penalty for any violation of Section 97-3-65, 97-5-1 et seq. or 97-3-7, Mississippi Code of 1972, when committed against a minor, an assessment of One Thousand Dollars ($1,000.00) to be deposited into the Mississippi Children's Trust Fund created in Section 93-21-305, Mississippi Code of 1972, using the procedures described in Section 99-19-73, Mississippi Code of 1972.
MS Code § 99-19-77 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|In General|§ 99-19-77. Assessment against convicted criminal defendants to cover costs of investigations; use of assessments

 In addition to any criminal penalties or fines, the court may impose an assessment against a defendant convicted of a felony violation, or a Class I violation that is punishable as provided in Section 49-7-141, investigated by the Office of the Attorney General, the district attorneys, sheriffs, the Mississippi Bureau of Investigation, Mississippi Bureau of Narcotics, the Mississippi Agricultural and Livestock Theft Bureau, the Mississippi Department of Wildlife, Fisheries and Parks and municipal police departments which may cover all reasonable costs of the investigation. Costs are to be paid to the appropriate governmental entity incurring the particular item of cost and include, but are not limited to, the cost of investigators, service of process, court reporters, expert witnesses and attorney's fees, and transportation costs expended by the governmental entity in the investigation of such case, and must be used to augment the governmental entity's existing budget and not to supplant it.
MS Code § 99-19-81 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Sentencing of Habitual Criminals|§ 99-19-81. Sentencing of habitual criminals to maximum term of imprisonment

 Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate incidents at different times and who shall have been sentenced to separate terms of one (1) year or more in any state and/or federal penal institution, whether in this state or elsewhere, shall be sentenced to the maximum term of imprisonment prescribed for such felony unless the court provides an explanation in its sentencing order setting forth the cause for deviating from the maximum sentence, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole or probation.
MS Code § 99-19-83 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Sentencing of Habitual Criminals|§ 99-19-83. Sentencing of habitual criminals to life imprisonment

 Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate incidents at different times and who shall have been sentenced to and served separate terms of one (1) year or more, whether served concurrently or not, in any state and/or federal penal institution, whether in this state or elsewhere, and where any one (1) of such felonies shall have been a crime of violence, as defined by Section 97-3-2, shall be sentenced to life imprisonment, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole, probation or any other form of early release from actual physical custody within the Department of Corrections.
MS Code § 99-19-84 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Sentencing of Habitual Criminals|§ 99-19-84. Electronic monitoring as condition of probation for offense requiring registration as a sex offender; rules and regulations

 Whenever probation is a part of a sentence prescribed for an offense for which registration as a sex offender is required under Title 45, Chapter 33, the court may include as a condition of probation that the sex offender be placed on electronic monitoring. The Department of Corrections shall promulgate rules and regulations for the implementation of electronic monitoring of sex offenders on probation.
MS Code § 99-19-85 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Sentencing of Habitual Criminals|§ 99-19-85. Governor's pardoning power unaffected

 Nothing in Sections 99-19-81 through 99-19-87 shall be construed or considered as seeking or tending to impair the pardoning power or other powers reserved to the Governor under Section 124 of the Mississippi Constitution of 1890.
MS Code § 99-19-87 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Sentencing of Habitual Criminals|§ 99-19-87. Punishment by death unaffected

 Nothing in Sections 99-19-81 through 99-19-87 shall abrogate or affect punishment by death in any and all crimes now or hereafter punishable by death.
MS Code § 99-19-103 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Separate Sentencing Proceeding to Determine Punishment in Capital Cases|§ 99-19-103. Instructions; aggravating circumstances shall be designated by jury in writing upon recommending death; effect of jury's failure to agree on punishment

 The statutory instructions as determined by the trial judge to be warranted by the evidence shall be given in the charge and in writing to the jury for its deliberation. The jury, if its verdict be a unanimous recommendation of death, shall designate in writing, signed by the foreman of the jury, the statutory aggravating circumstance or circumstances which it unanimously found beyond a reasonable doubt. Unless at least one (1) of the statutory aggravated circumstances enumerated in Section 99-19-101 is so found or if it is found that any such aggravating circumstance is overcome by the finding of one or more mitigating circumstances, the death penalty shall not be imposed. If the jury cannot, within a reasonable time, agree as to punishment, the judge shall dismiss the jury and impose a sentence of imprisonment for life.
MS Code § 99-19-105 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Separate Sentencing Proceeding to Determine Punishment in Capital Cases|§ 99-19-105. Review by State Supreme Court of imposition of death penalty

  Whenever the death penalty is imposed, and upon the judgment becoming final in the trial court, the sentence shall be reviewed on the record by the Mississippi Supreme Court. The clerk of the trial court, within ten (10) days after receiving the transcript, shall transmit the entire record and transcript to the Mississippi Supreme Court together with a notice prepared by the clerk and a report prepared by the trial judge. The notice shall set forth the title and docket number of the case, the name of the defendant and the name and address of his attorney, a narrative statement of the judgment, the offense, and the punishment prescribed. The report shall be in the form of a standard questionnaire prepared and supplied by the Mississippi Supreme Court, a copy of which shall be served upon counsel for the state and counsel for the defendant.   The Mississippi Supreme Court shall consider the punishment as well as any errors enumerated by way of appeal.   With regard to the sentence, the court shall determine:   Whether the sentence of death was imposed under the influence of passion, prejudice or any other arbitrary factor;   Whether the evidence supports the jury's or judge's finding of a statutory aggravating circumstance as enumerated in Section 99-19-101;   Whether the sentence of death is excessive or disproportionate to the penalty imposed in similar cases, considering both the crime and the defendant; and   Should one or more of the aggravating circumstances be found invalid on appeal, the Mississippi Supreme Court shall determine whether the remaining aggravating circumstances are outweighed by the mitigating circumstances or whether the inclusion of any invalid circumstance was harmless error, or both.     Both the defendant and the state shall have the right to submit briefs within the time provided by the court, and to present oral argument to the court.   The court shall include in its decision a reference to those similar cases which it took into consideration. In addition to its authority regarding correction of errors, the court, with regard to review of death sentences, shall be authorized to:   Affirm the sentence of death;   Reweigh the remaining aggravating circumstances against the mitigating circumstances should one or more of the aggravating circumstances be found to be invalid, and (i) affirm the sentence of death or (ii) hold the error in the sentence phase harmless error and affirm the sentence of death or (iii) remand the case for a new sentencing hearing; or   Set the sentence aside and remand the case for modification of the sentence to imprisonment for life.     The sentence review shall be in addition to direct appeal, if taken, and the review and appeal shall be consolidated for consideration. The court shall render its decision on legal errors enumerated, the factual substantiation of the verdict, and the validity of the sentence.
MS Code § 99-19-106 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Separate Sentencing Proceeding to Determine Punishment in Capital Cases|§ 99-19-106. Date of execution of death sentence

 When judgment of death becomes final and a writ of certiorari to the United States Supreme Court has been denied or the time for filing such petition has expired, the court shall set an execution date for a person sentenced to the death penalty. Within sixty (60) days following the appointment of post-conviction counsel, upon declaration by counsel that he deems post-conviction review to be meritorious and that he intends to file an application for post-conviction review, the court may stay execution pending the disposition of the post-conviction proceeding. In the event no application for post-conviction relief is filed within one (1) year of the date of the disposition of the petition for writ of certiorari or the time for certiorari has expired, any stay entered by the court will automatically vacate. The filing of a declaration by counsel that he deems post-conviction review to be meritorious and intends to file an application for post-conviction review shall in no manner constitute the filing of an application for post-conviction review that would toll the running of any statute of limitations. Setting or resetting the date of execution shall be made on motion of the state that all state and federal remedies have been exhausted, or that the defendant has failed to file for further state or federal review within the time allowed by law.
MS Code § 99-19-107 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Separate Sentencing Proceeding to Determine Punishment in Capital Cases|§ 99-19-107. Life sentence to be imposed if death penalty held to be unconstitutional

 In the event the death penalty is held to be unconstitutional by the Mississippi Supreme Court or the United States Supreme Court, the court having jurisdiction over a person previously sentenced to death shall cause such person to be brought before the court and the court shall sentence such person to imprisonment for life, and such person shall not be eligible for parole.
MS Code § 99-19-151 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Victim Impact Statement Act|§ 99-19-151. Short title

 Sections 99-19-151 through 99-19-161 shall be known and may be cited as "The Victim Impact Statement Act."
MS Code § 99-19-153 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Victim Impact Statement Act|§ 99-19-153. Declaration of purpose

  The Legislature finds and declares that:   Protection of the public, restitution to the crime victim and the crime victim's family and just punishment for the harm inflicted are primary objectives of the sentencing process;   The financial, emotional and physical effects of a criminal act on the victim and the victim's family are among the essential factors to be considered in the sentencing of the person responsible for the crime;   In order to impose a just sentence, the court must obtain and consider information about the adverse impact of the crime upon the victim and the victim's family as well as information from and about the defendant; and   The victim of the crime or a relative of the victim is usually in the best position to provide information to the court about the direct impact of the crime on the victim and the victim's family.     Therefore, the Legislature declares that the purpose of Sections 99-19-151 through 99-19-161 is to provide the sentencing court with a victim impact statement prior to sentencing a convicted offender who has caused physical, emotional or financial harm to a victim as defined herein.
MS Code § 99-19-155 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 19 - Judgment, Sentence, and Execution|Victim Impact Statement Act|§ 99-19-155. Definitions

 For the purposes of Sections 99-19-151 through 99-19-161, the following words shall have the meanings ascribed herein, unless the context otherwise requires:   "Victim" means an individual who suffers direct or threatened physical, emotional or financial harm as the result of the commission of a felony or an immediate family member of a minor victim or a homicide victim.   "Victim impact statement" means a statement providing information about the financial, emotional and physical effects of the crime on the victim and the victim's family, and specific information about the victim, the circumstances surrounding the crime and the manner in which it was perpetrated.   "Victim representative" means a spouse, parent, child, sibling or other relative of a deceased or incapacitated victim or of a victim who is under fourteen (14) years of age, or a person who has had a close personal relationship with the victim and is designated by the court to be a victim representative.