reglab/housing_qa huggingface dataset:
MS Code § 99-37-7 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 37 - Restitution to Victims of Crimes|§ 99-37-7. Treatment of default in payment as contempt; judicial officer not liable for failure of defendant to pay fine or make restitution

  Subject to the provisions of Section 99-19-20.1, when a defendant sentenced to pay a fine or to make restitution defaults in the payment thereof or of any installment, the court, on motion of the district attorney, or upon its own motion, may require him to show cause why his default should not be treated as contempt of court, and may issue a show cause citation or a warrant of arrest for his appearance.   Subject to the provisions of Section 99-19-20.1, unless the defendant shows that his default was not attributable to an intentional refusal to obey the order of the court or to a failure on his part to make a good faith effort to make the payment, the court may find that his default constitutes contempt and may order him committed until the fine or the restitution, or a specified part thereof, is paid.   A judicial officer shall not be held criminally or civilly liable for failure of any defendant to pay any fine or to make restitution if the officer exercises his judicial authority in accordance with subsections (1) and (2) of this section to require the payment of such fine or restitution.   When a fine or an order of restitution is imposed on a corporation or unincorporated association, it is the duty of the person authorized to make disbursement from the assets of the corporation or association to pay the fine or make the restitution from those assets, and his failure to do so may be held to be contempt unless he makes the showing required in subsection (2) of this section.
MS Code § 99-37-9 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 37 - Restitution to Victims of Crimes|§ 99-37-9. Term of imprisonment for contempt

 The term of imprisonment for contempt for failure to make restitution shall be set forth in the commitment order, and shall not exceed one (1) day for each twenty-five dollars ($25.00) of the restitution, or thirty (30) days if the order of the restitution was imposed upon conviction of a violation or misdemeanor, or one (1) year in any other case, whichever is the shorter period. A person committed for failure to make restitution shall be given credit toward payment for each day of imprisonment at the rate specified in the commitment order.
MS Code § 99-37-11 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 37 - Restitution to Victims of Crimes|§ 99-37-11. Relief from payment

 If it appears to the satisfaction of the court that the default in the payment of a fine or restitution is not contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount thereof or of each installment or revoking the fine or order of restitution or the unpaid portion thereof in whole or in part.
MS Code § 99-37-13 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 37 - Restitution to Victims of Crimes|§ 99-37-13. Enforcement of judgment

 A default in the payment of a fine or costs or failure to make restitution or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy of execution for the collection of a fine or restitution shall not discharge a defendant committed to imprisonment for contempt until the amount of the fine or restitution has actually been collected.
MS Code § 99-37-15 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 37 - Restitution to Victims of Crimes|§ 99-37-15. Resumption of payment upon release from custody

 Whenever an offender in the custody of the Department of Corrections is paroled, placed on earned probation or other form of release, and when such offender has been sentenced to make restitution pursuant to Section 99-37-3 but with respect to whom payment of all or a portion of the restitution was suspended until his release from confinement, the making of restitution shall be a condition of the offender's release. The commissioner of corrections shall establish a schedule by which payment of the restitution may be resumed. In fixing the schedule and supervising the released offender's performance thereunder, the commissioner shall consider the factors specified in subsection (2) of Section 99-37-3. The commissioner shall provide to the sentencing court a copy of the schedule and any modifications thereof. Such offenders shall make restitution payments directly to the victim.   As an alternative to a contempt proceeding under Sections 99-37-7 through 99-37-13, the intentional refusal to obey the restitution order or a failure by an offender to make a good faith effort to make such restitution may be considered a violation of an offender's release and may be cause for revocation of his parole, earned probation or other form of release.
MS Code § 99-37-17 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 37 - Restitution to Victims of Crimes|§ 99-37-17. Civil actions by victims; evidence; damages

  Nothing in this chapter limits or impairs the right of a person injured by a defendant's criminal activities to sue and recover damages from the defendant in a civil action. Evidence that the defendant has paid or been ordered to pay restitution pursuant to this chapter may not be introduced in any civil action arising out of the facts or events which were the basis for the restitution. However, the court shall credit any restitution paid by the defendant to a victim against any judgment in favor of the victim in such civil action.   If conviction in a criminal trial necessarily decides the issue of a defendant's liability for pecuniary damages of a victim, that issue is conclusively determined as to the defendant, if it is involved in a subsequent civil action.
MS Code § 99-37-19 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 37 - Restitution to Victims of Crimes|§ 99-37-19. Restitution centers

 The boards of supervisors of the several counties and the governing authorities of municipalities are hereby authorized to cooperate with the Department of Corrections in the establishment of restitution centers. Such centers may house both probationers referred by the circuit courts as well as inmates transferred from other facilities of the Department of Corrections as provided in Section 47-5-110; and may house those contemnors referred by the courts for failure to pay child support. In order to qualify for placement in a restitution center, an offender must: (a) be convicted of a nonviolent offense that constitutes a felony, (b) not be convicted of a sex crime, and (c) not have drug, alcohol, emotional or physical problems so serious that the offender appears unlikely to meet obligations of the restitution program. Such centers shall be operated by the Department of Corrections. County or municipal property may be utilized with the approval of the board of supervisors or municipal governing authority for the construction, renovation and maintenance of facilities owned by the state or a local political subdivision. Such facility may be leased to the Department of Corrections for a period of time for use as a restitution center.   It is the intent of this section that county and local governments contribute only to the establishment, renovation and maintenance of the physical plant of a restitution center and that the Department of Corrections support the operation of, and have sole jurisdiction over and responsibility for offenders in, such restitution program.
MS Code § 99-37-21 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 37 - Restitution to Victims of Crimes|§ 99-37-21. Powers and duties of public welfare and corrections departments as to restitution centers

  The department of public welfare and the department of corrections are hereby authorized to cooperate in the institution and administration of services at restitution centers as authorized by Section 99-37-19 and at other facilities which provide opportunities for restitution for criminal acts.   The department of public welfare and the department of corrections are authorized and directed, jointly or separately:   to seek funding from federal or other sources to provide the maximum supportive services for offenders and the families of offenders who are participating in restitution programs;   to develop additional programs whereby offenders may be afforded opportunities to contribute to society and the support of their families through restitution programs; and   to develop pilot programs of counseling, training and supervision for parolees whereby restitution may be accomplished; such programs may be residential or nonresidential as appropriate.
MS Code § 99-37-23 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 37 - Restitution to Victims of Crimes|§ 99-37-23. Restitution in delinquency cases

 In delinquency cases before the youth court, the disposition order may include, in addition to any other requirement, restitution not in excess of actual damages caused by the child to be paid out of his assets or by performance of services acceptable to the parties and reasonably capable of performance within one (1) year.
MS Code § 99-38-1 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 38 - Crime Victim's Escrow Account Act|§ 99-38-1. Short title

 This chapter shall be known and may be cited as the "Crime Victims' Escrow Account Act."
MS Code § 99-38-3 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 38 - Crime Victim's Escrow Account Act|§ 99-38-3. Definitions

 As used in this chapter the following terms shall have the meanings herein ascribed:   "Accused" shall mean any person who has been indicted for a criminal offense or against whom a criminal prosecution has been commenced;   "Treasurer" shall mean the State Treasurer of the State of Mississippi; and   "Victim" shall mean any person who suffers damages as a result of another person's criminal activities. The term "victim" shall not include any coparticipant in the criminal activities of an accused or convicted person, or any person knowingly participating in a criminal act at the time he became a victim.
MS Code § 99-38-5 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 38 - Crime Victim's Escrow Account Act|§ 99-38-5. Obligation to submit contract with respect to reenactment of crime or expression of defendant's thoughts regarding crime, and to pay over funds due under contract, to Treasurer

 Every person, firm, corporation, partnership, association or other legal entity contracting with any person or the legal representative, assignee, beneficiary or heirs at law of any person accused or convicted of a crime in this state, with respect to the reenactment of such crime by way of a movie, book, magazine article, tape recording, phonograph record, photograph, reproduction, radio or television presentation, live entertainment of any kind, or from the expression of such accused or convicted person's thoughts, feelings, opinions or emotions regarding such crime, shall submit a copy of such contract to the Treasurer and pay over to the Treasurer any monies which would otherwise, by the terms of such contract, be owing to the person so accused or convicted or his legal representative, assignee, beneficiary or heirs at law.
MS Code § 99-38-7 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 38 - Crime Victim's Escrow Account Act|§ 99-38-7. Deposit of funds into escrow account; registration by crime victims; notice of establishment of escrow account; payments from escrow to victims; notice of filing of claim

  The Treasurer shall deposit such monies as he receives under the provisions of Section 99-38-5, within seven (7) days from the receipt thereof, in an interest-bearing escrow account in the name of the person accused or convicted, for the benefit of and payable to any victim or the legal representative of any victim of crimes committed by an accused or convicted person.   Any person, or the legal representative of any person, who is the victim of a crime may register with the Treasurer and request to be notified of the establishment of an escrow account under the provisions of this chapter. Such registration shall include the name and address of the victim and his legal representative if applicable, an identification by name of the person accused or convicted of an offense against the victim, the location where and the date upon which such offense occurred, and such other information as the Treasurer shall require. The Treasurer shall immediately notify, by United States mail, the victim or the legal representative of any victim who has registered with the Treasurer upon the establishment of an escrow account for the benefit of any such registered victim. In addition, the Treasurer shall, at least once every four (4) months for one (1) year from the date he receives monies under the provisions of Section 99-38-5, cause to have published a legal notice in some newspaper having a general circulation in the county in which the crime was committed and in counties contiguous to such county advising any and all victims that escrow monies are available to satisfy money judgments pursuant to this chapter. All costs and expenses incurred by the Treasurer in giving the notice and making publication required by this subsection shall be paid from funds in the escrow account. Payments may be made pursuant to this chapter to the victim or his legal representative only if the accused person is convicted or enters a plea of guilty of the crime, and provided that the victim or his legal representative, within one (1) year of the date of the establishment of such escrow account, brings a civil action in a court of competent jurisdiction and recovers a money judgment for damages against such person or his legal representative, assignee, beneficiary or heirs at law. The Treasurer shall disburse payments on a pro rata basis of all claims filed according to the amount of money in the escrow account comparable to the amount of each such claim; provided, however, such sums shall not be disbursed until all pending claims have been settled or reduced to judgment.   It shall be the duty of the victim, the victim's lawyer or the victim's legal representative to notify the Treasurer within thirty (30) days of filing any claim under this chapter.
MS Code § 99-38-11 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 38 - Crime Victim's Escrow Account Act|§ 99-38-11. Offenses and penalties

  It shall be unlawful for any person, firm, corporation, partnership, association or other legal entity to fail to comply with the provisions of this chapter.   Any person, firm, corporation, partnership, association or other legal entity violating the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction of the violation, shall be punished as for a misdemeanor.   Each day any such person, firm, corporation, partnership, association or other legal entity continues in violation of the provisions of this chapter shall constitute a separate offense.   Any action taken by any person accused or convicted of a crime or who enters a plea of guilty of a crime, or by a person or legal entity with whom any such person contracts as set forth in Section 99-38-5, whether by way of execution of a contract or agreement outside of this state, execution of a power of attorney, donation, creation of corporate entities, or otherwise, to defeat the purpose of this chapter shall be null and void as against the public policy of the state.   In addition to such powers and duties of the Attorney General of this state as are otherwise authorized and prescribed by law, the Attorney General shall be authorized to bring a civil action in any court of competent jurisdiction to enforce the obligations of a contracting party to make payment to the Treasurer of such monies as are required to be paid to the Treasurer under the provisions of Section 99-38-5.
MS Code § 99-41-1 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 41 - Mississippi Crime Victims' Compensation Act|§ 99-41-1. Short title

 This chapter shall be known and may be cited as the "Mississippi Crime Victims' Compensation Act."
MS Code § 99-41-3 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 41 - Mississippi Crime Victims' Compensation Act|§ 99-41-3. Legislative intent

 It is the intent of the Legislature to provide a method of compensating those persons who are innocent victims of criminal acts within the state and who suffer bodily injury or death and of assisting victims of crime through information referrals and advocacy outreach programs. To this end, it is the Legislature's intention to provide compensation for injuries suffered as a direct result of the criminal acts of other persons. It is the further intent of the Legislature that all agencies, departments, boards and commissions of the state and political subdivisions of the state shall cooperate with the Attorney General's Office in carrying out the provisions of this chapter.
MS Code § 99-41-7 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 41 - Mississippi Crime Victims' Compensation Act|§ 99-41-7. Division of Victim Compensation; Director of Victim Compensation; duties; appointment

 There is hereby created in the Attorney General's Office the Division of Victim Compensation, hereafter referred to as "division." In the Division of Victim Compensation there is hereby created the position of Director of Victim Compensation, hereafter referred to as "director." The duties of the director shall include receipt, investigation, verification and adjudication of a claim for compensation under the provisions of this chapter. The duties shall also include facilitating assistance to victims of crime through information referrals, advocacy outreach programs and other victim-related services. The director shall be appointed by the Attorney General.
MS Code § 99-41-9 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 41 - Mississippi Crime Victims' Compensation Act|§ 99-41-9. Powers and duties of division

 In addition to any other powers and duties specified elsewhere in this chapter, the division is hereby authorized to:   Except as otherwise provided by this chapter, regulate the procedures for the director to expedite his functions and adopt rules and regulations for the position of director;   Define any term not defined in this chapter in a manner not inconsistent with this chapter;   Prescribe forms necessary to carry out the purposes of this chapter and make such forms available for use in making applications for compensation;   Authorize the director to take judicial notice of general, technical and scientific facts within the director's specialized knowledge;   Publicize the availability of compensation and information regarding the filing of claims and ask that public officials and law enforcement agencies take reasonable care that victims be informed about the availability of compensation and the procedure for applying for compensation;   Apply for funds from and to submit all necessary forms to any federal agency participating in a cooperative program to compensate victims of crimes, and to apply for and accept any gifts, bequests, grants, donations or funds from other sources, public or private, for carrying out the provisions of this chapter; and   Adopt such rules and regulations as shall be necessary for carrying out the provisions of this chapter.
MS Code § 99-41-13 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 41 - Mississippi Crime Victims' Compensation Act|§ 99-41-13. Appeals

 Any claimant aggrieved by a final decision of the Attorney General shall be entitled to judicial review thereof in the manner provided in this section.   An appeal may be taken by such claimant to the circuit court of the claimant's residence or the Circuit Court of the First Judicial District of Hinds County by filing a petition with the clerk of the court and executing and filing bond payable to the State of Mississippi with sufficient sureties to be approved by the clerk of the court, conditioned upon the payment of all costs of appeal, including the cost of preparing the transcript of the hearing before the Attorney General. The petition and bond shall be filed within thirty (30) days of the receipt of the final decision of the Attorney General. Upon approval of the bond, the clerk of the court shall notify the Office of the Attorney General, which shall prepare its record in the matter and transmit it to the circuit court.   The scope of review of the circuit court in such cases shall be limited to a review of the record made before the Attorney General to determine if the action of the Attorney General is unlawful for the reason that it was:   Not supported by a preponderance of the evidence;   Arbitrary and capricious; or   In violation of a statutory right of claimant.   No relief shall be granted based upon the court's finding of harmless error.   Any party aggrieved by action of the circuit court may appeal to the Supreme Court in the manner provided by law.
MS Code § 99-41-15 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 41 - Mississippi Crime Victims' Compensation Act|§ 99-41-15. Filing of claim as waiver of physician-patient confidentiality; ordering mental or physical examination or autopsy

  Any person filing a claim under the provisions of this chapter shall be deemed to have waived any physician-patient privilege as to the communications or records relevant to an issue of the physical, mental or emotional conditions of the claimant. However, any record or report obtained by the director, the confidentiality of which is otherwise protected by any other law or regulation, shall remain confidential, subject to such law or regulation.   If the mental, physical or emotional condition of a claimant is material to a claim, the director, upon good cause shown, may order the claimant to submit to a mental or physical examination and may order an autopsy of a deceased victim. The order shall specify the time, place, manner, conditions and scope of the examination or autopsy and the person by whom it is to be made. The order shall also require the person to file with the director a detailed written report of the examination or autopsy. The report shall set out the findings of the person making the report, including the results of all tests made, the diagnosis, prognosis and other conclusions and reports of earlier examinations of the same conditions.   The director shall furnish a copy of the report examined. If the victim is deceased the director shall furnish a copy of the report to the claimant on request.   The director may require the claimant to supply any additional medical or psychological reports available relating to the injury or death for which compensation is claimed.
MS Code § 99-41-19 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 41 - Mississippi Crime Victims' Compensation Act|§ 99-41-19. Proof of conviction as evidence; suspension of proceedings pending prosecution

 Proof of conviction of a person whose acts give rise to a claim shall be conclusive evidence that the crime was committed unless an application for rehearing, an appeal of the conviction or certiorari is pending or unless a rehearing and new trial has been ordered. The director may suspend the proceedings before it pending disposition of a criminal prosecution that has been commenced or is imminent.