reglab/housing_qa huggingface dataset:
MS Code § 99-41-21 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 41 - Mississippi Crime Victims' Compensation Act|§ 99-41-21. Repayment of compensation; subrogation of state

  If compensation is awarded the state shall be subrogated to all the rights of a claimant or victim to receive or recover from a collateral source to the extent that compensation was awarded.   In the event that the claimant or victim recovers compensation, other than under the provisions of this chapter, for injuries or death resulting from criminally injurious conduct, the claimant or victim shall retain, as trustee, so much of the recovered funds as necessary to reimburse the Crime Victims' Compensation Fund, as created in Section 99-41-29, to the extent that compensation was awarded to the claimant or victim from such fund. Such funds as are retained in trust under the provisions of this section shall be promptly deposited in the Crime Victims' Compensation Fund created in Section 99-41-29.   If a claimant or victim brings an action to recover damages related to the criminally injurious conduct upon which compensation is claimed or awarded, the claimant shall give the director written notice of the action. After receiving such notice the director may join in the action as a party plaintiff to recover any compensation awarded.
MS Code § 99-41-25 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 41 - Mississippi Crime Victims' Compensation Act|§ 99-41-25. Advance award

 If the director determines that the claim is one with respect to which an award probably will be made and the claimant will suffer financial hardship unless an advance award is made, an amount may be paid to the claimant not to exceed Five Hundred Dollars ($500.00) and shall be deducted from the final award or shall be repaid by and recoverable from the claimant to the extent that it exceeds the final award.
MS Code § 99-41-27 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 41 - Mississippi Crime Victims' Compensation Act|§ 99-41-27. False claims; penalty

  Claims shall be made under oath. The filing of a false claim for compensation pursuant to this chapter shall constitute a misdemeanor and shall be punishable by a fine of not to exceed One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a term not to exceed one (1) year, or by both such fine and imprisonment, and the person convicted shall, as part of the sentence in either case, be required to repay to the Crime Victims' Compensation Fund the amount received pursuant to the false claim.   Any person who shall knowingly furnish any false information or knowingly fails or omits to disclose a material fact or circumstance with the intent to defraud the division for compensation pursuant to this chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a term not to exceed one (1) year, or both, and the person convicted shall, as part of the sentence in either case, be required to repay to the Crime Victims' Compensation Fund the total amount received pursuant to the false claim.   If a payment or overpayment of compensation is made because of clerical error, mistaken identity, innocent misrepresentation by or on behalf of the recipient of the compensation award or other circumstances of a similar nature not induced by fraud by or on behalf of the recipient, the recipient is liable for repayment of the compensation. The division may waive, decrease or adjust the amount of the repayment of the compensation.
MS Code § 99-41-29 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 41 - Mississippi Crime Victims' Compensation Act|§ 99-41-29. Crime Victims' Compensation Fund; funding of expenses of Crime Victims Compensation Fund program; deposit of user charges and fees authorized under this section into State General Fund

  From and after July 1, 1990, there is hereby created in the State Treasury a special interest-bearing fund to be known as the Crime Victims' Compensation Fund. The monies contained in the fund shall be used for the sole purpose of payment of awards of compensation to victims and claimants pursuant to this chapter, the payment of all necessary and proper expenses incurred by the division in the administration of this chapter, payment of sexual assault examinations pursuant to Section 99-37-25, payment of Address Confidentiality Program administrative expenses pursuant to Section 99-47-1(7) and payment of other expenses in furtherance of providing assistance to victims of crime through information referrals, advocacy outreach programs and victim-related services. Expenditures from the fund shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration, and upon requisitions signed by the Attorney General or his duly designated representative in the manner provided by law. The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of: (a) monies appropriated by the Legislature for the purposes of compensating the victims of crime and other claimants under this chapter; (b) the interest accruing to the fund; (c) monies recovered by the director under the provisions of Section 99-41-21; (d) monies received from the federal government; and (e) monies received from such other sources as may be provided by law.   No compensation payments shall be made which exceed the amount of money in the fund. The state shall not be liable for a written order to pay compensation, except to the extent that monies are available in the fund on the date the award is ordered. The Attorney General shall establish such rules and regulations as shall be necessary to adjust awards and payments so that the total amount awarded does not exceed the amount of money on deposit in the fund. Such rules and regulations may include, but shall not be limited to, the authority to provide for suspension of payments and proportioned reduction of benefits to all claimants; provided, however, no such reductions as provided for shall entitle claimants to future retroactive reimbursements in future years.   From and after July 1, 2016, the expenses of the Crime Victims Compensation Fund program (including the Crime Victims Compensation Administration Fund) shall be defrayed by appropriation from the State General Fund and all user charges and fees authorized under this section shall be deposited into the State General Fund as authorized by law and as determined by the State Fiscal Officer.   From and after July 1, 2016, no state agency shall charge another state agency a fee, assessment, rent or other charge for services or resources received by authority of this section.
MS Code § 99-41-31 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 41 - Mississippi Crime Victims' Compensation Act|§ 99-41-31. Disclosure of records as to claims; confidentiality of records

 It is unlawful, except for purposes directly connected with the administration of the division and the processing of a claim, for any person to solicit, disclose, receive or make use of or authorize, knowingly permit, participate in or acquiesce in the use of any list, or names of, or information concerning persons applying for or receiving awards under this chapter without the written consent of the claimant or recipient. The records, papers, files and communications of the division, director, staff and agents must be regarded as confidential information and privileged and not subject to disclosure under any condition including the Mississippi Public Records Act of 1983.
MS Code § 99-43-1 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 43 - Mississippi Crime Victims' Bill of Rights|§ 99-43-1. Short title and purpose

 This chapter may be cited as the "Mississippi Crime Victims' Bill of Rights." The purpose of this chapter is to ensure the fair and compassionate treatment of victims of crime, to increase the effectiveness of the criminal justice system by affording rights and considerations to the victims of crime, and to preserve and protect victims' rights to justice and fairness in the criminal justice system.
MS Code § 99-43-5 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 43 - Mississippi Crime Victims' Bill of Rights|§ 99-43-5. Designated and lawful representatives

  If a victim is physically or emotionally unable to exercise any right established by this chapter, but is able to designate in writing a lawful representative, the designated representative or person may exercise the same rights that the victim is entitled to exercise. The victim may revoke his or her designated representation at any time and thereafter personally exercise his or her rights.   If a victim is incompetent, deceased or otherwise incapable of designating another person to act in his or her behalf, the court may appoint a lawful representative who is not a witness in the case. If at any time the victim is no longer incompetent, incapacitated, or otherwise incapable of acting, the victim may personally exercise his or her rights.   If the victim is a minor, the parent, guardian or other immediate family of the victim, or a designated representative as determined by the court, may exercise all of the rights of the victim on behalf of the victim.
MS Code § 99-43-7 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 43 - Mississippi Crime Victims' Bill of Rights|§ 99-43-7. Law enforcement notice requirements; clerk of court notice requirements

  Unless the victim is unavailable or incapacitated as a result of the crime, within seventy-two (72) hours after the law enforcement agency becomes responsible for investigating the crime, the law enforcement agency shall provide to the victim in a manner and form prescribed by the Attorney General the following information:   The availability of emergency and crisis services.   The availability of victims' compensation benefits and the address and telephone number of the Victim Compensation Division.   The name of the law enforcement officer and telephone number of the law enforcement agency with the following statement attached: "If within sixty (60) days you are not notified of an arrest in your case, you may call the telephone number of the law enforcement agency for the status of the case."   The procedural steps involved in a criminal prosecution.   The rights authorized by the Mississippi Constitution on rights of victims, including a form to invoke these rights.   The existence of and eligibility requirements for restitution and compensation pursuant to Section 99-37-1 et seq. and Section 99-41-1 et seq., Mississippi Code of 1972.   A recommended procedure if the victim is subjected to threats or intimidation.   The name and telephone number of the office of the prosecuting attorney to contact for further information.     In the event a victim initiates proceedings against a person by filing an affidavit, petition or complaint in a court of competent jurisdiction, the clerk of the court shall provide the victim with the information set forth in subsection (1); however, in lieu of the information set forth in subsection (1)(c), the clerk shall advise the victim of the name and telephone number of the law enforcement agency to which the complaint will be referred. This information shall be provided on a form prescribed by the Attorney General. Failure of the clerk of court to provide such information shall not subject the clerk to any criminal or civil liability.
MS Code § 99-43-8 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 43 - Mississippi Crime Victims' Bill of Rights|§ 99-43-8. Victim's right to receive copy of initial incident report

 Upon request, the victim has the right to receive, from the appropriate law enforcement agency, free of charge, a copy of the initial incident report of the case subject to any confidentiality requirements provided by law.
MS Code § 99-43-9 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 43 - Mississippi Crime Victims' Bill of Rights|§ 99-43-9. Prosecutor notice requirements upon written request of victim

  Upon written request of the victim, the prosecuting attorney shall notify the victim of all charges filed against the defendant and any criminal proceedings, other than initial appearances, as soon as practicable, including any changes that may occur.   In order to be entitled to receive notice under this section, the victim shall provide to and maintain with the office of the prosecuting attorney a request for notice which shall include the telephone number and address of the victim. The request for notice shall be considered withdrawn and void in the event the victim fails to update this information as necessary. Except as otherwise provided, all notices provided to a victim pursuant to this chapter shall be on forms as specified by the Attorney General.
MS Code § 99-43-11 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 43 - Mississippi Crime Victims' Bill of Rights|§ 99-43-11. Prosecutor's duty to confer with victim prior to disposition

 The prosecuting attorney shall confer with the victim prior to the final disposition of a criminal offense, including the views of the victim about a nol pros, reduction of charge, sentence recommendation, and pre-trial diversion programs.
MS Code § 99-43-13 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 43 - Mississippi Crime Victims' Bill of Rights|§ 99-43-13. Prosecutor's duty to confer with victim prior to trial; confidentiality

 The prosecuting attorney shall confer with the victim before the commencement of a trial. Any information received by the victim relating to the substance of the case shall be confidential, unless otherwise authorized by law or required by the courts to be disclosed.
MS Code § 99-43-15 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 43 - Mississippi Crime Victims' Bill of Rights|§ 99-43-15. Trial transcripts; right to receive if pay costs

 The victim has the right to receive a transcript of any criminal proceedings at his own cost.
MS Code § 99-43-17 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 43 - Mississippi Crime Victims' Bill of Rights|§ 99-43-17. Victim not entitled to direct prosecution of case

 The rights of the victim do not include the authority to direct the prosecution of the case.
MS Code § 99-43-19 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 43 - Mississippi Crime Victims' Bill of Rights|§ 99-43-19. Freedom from delay; continuances

 The victim shall have the right to a final disposition of the criminal proceeding free from unreasonable delay. To effectuate this right, the court, in determining whether to grant any continuance, should make every reasonable effort to consider whether granting such continuance shall be prejudicial to the victim.
MS Code § 99-43-21 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 43 - Mississippi Crime Victims' Bill of Rights|§ 99-43-21. Right to be present at criminal proceedings

 The victim has the right to be present throughout all criminal proceedings as defined in Section 99-43-3.
MS Code § 99-43-23 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 43 - Mississippi Crime Victims' Bill of Rights|§ 99-43-23. Separate waiting area; minimizing contact with defendant, defendant's relatives and defense witnesses

 The court shall provide a waiting area for the victim separate from the defendant, relatives of the defendant, and defense witnesses, if an area is available and the use of the area is practical. If a separate waiting area is not available, or its use impractical, the court shall minimize contact of the victim with the defendant, relatives of the defendant, and defense witnesses during court proceedings.
MS Code § 99-43-25 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 43 - Mississippi Crime Victims' Bill of Rights|§ 99-43-25. Victim residence and identification information; petition, hearing and confidentiality

  Based upon the reasonable apprehension of the victim of acts or threats of physical violence or intimidation by the defendant, the family of the defendant, or by anyone at the direction of the defendant, against the victim or the immediate family of the victim, the prosecutor may petition the court to direct that the victim or any other witness not be compelled to testify during pre-trial proceedings or in any trial, facts that could divulge the identity, residence, or place of employment of the victim, or other related information, without consent of the victim unless necessary to the prosecution of the criminal proceeding. If the court schedules a hearing on the merits of the petition, it shall be held in camera.   The address, phone number, place of employment, and other related information about the victim contained in the prosecuting attorney's file shall not be public record.
MS Code § 99-43-27 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 43 - Mississippi Crime Victims' Bill of Rights|§ 99-43-27. Negotiated plea agreements; notice and presence

 The victim has the right to be present at any proceeding at which a negotiated plea for the person accused of committing the criminal offense against the victim will be presented to the court. The court shall not accept a plea agreement unless:   The prosecuting attorney advises the court that, before requesting the negotiated plea, reasonable efforts were made to confer with the victim.   Reasonable efforts were made to give the victim notice of the plea proceeding, including the offense to which the defendant will plead guilty, the date that the plea will be presented to the court, the terms of any sentence agreed to as part of the negotiated plea, and that the victim has the right to be present.
MS Code § 99-43-29 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 43 - Mississippi Crime Victims' Bill of Rights|§ 99-43-29. Notice regarding disposition and sentencing

 The prosecuting attorney shall provide to the victim the date of a conviction, acquittal, or dismissal of the charges filed against the defendant and prior to sentencing, when applicable, notice of the following:   The criminal offense for which the defendant was convicted, acquitted, or the effect of a dismissal of the charges filed against the defendant.   If the defendant is convicted, on request, the victim shall be notified, if applicable, of the following:   The existence and function of the pre-sentence report.   The name, address, and telephone number of the office which is preparing the pre-sentence report.   The right to make a victim impact statement.   The right of the defendant to view the pre-sentence report.   The right to be present and be heard at any sentencing proceeding.   The time, place and date of the sentencing proceeding.   If the court orders restitution, the right to pursue collection of the restitution as provided by Section 99-37-1 et seq., Mississippi Code of 1972.
MS Code § 99-43-31 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 43 - Mississippi Crime Victims' Bill of Rights|§ 99-43-31. Victim impact statements to probation officers; duty to consider victim impact

 The victim may submit a written impact statement or make an oral impact statement to the probation officer for use in preparing a pre-sentence report. The probation officer shall consider the economic, physical, and psychological impact that the criminal offense has had on the victim and the immediate family of the victim.
MS Code § 99-43-33 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 43 - Mississippi Crime Victims' Bill of Rights|§ 99-43-33. Victim impact statements during court proceedings

 The victim has the right to present an impact statement or information that concerns the criminal offense or the sentence during any entry of a plea of guilty, sentencing or restitution proceeding.
MS Code § 99-43-35 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 43 - Mississippi Crime Victims' Bill of Rights|§ 99-43-35. Post-arrest release or escape and post-sentencing information

 The victim has the right to the following information:   As soon as practicable after the date of sentencing, the office of the prosecuting attorney shall notify the victim of the sentence imposed on the defendant.   The names, addresses and telephone numbers of the appropriate agencies and departments to whom request for notice should be provided.   The status of any post-conviction court review or appellate proceeding or any decisions arising from those proceedings shall be furnished to the victim by the Office of the Attorney General or the office of the district attorney, whichever is appropriate, within five (5) business days after the status is known.   Upon any post-arrest release of the defendant, the sheriff or municipal jailer shall, upon request, notify the victim of the release of the defendant. In the case of domestic violence or sexual assault, the appropriate law enforcement agency shall make a reasonable attempt to notify the victim of the defendant's post-arrest release, regardless of the victim's exercise of the right to receive this information.   The agency having physical custody of a prisoner shall, if provided a request for notice, and as soon as practicable, give notice to the victim of the escape and, subsequently, the return of the prisoner into custody.   Upon receiving notice from the Department of Mental Health of the release of a person who was civilly committed under Section 41-21-63 as a person with unresolved felony charges found incompetent to stand trial, the office of the prosecuting attorney must notify a victim or victim representative who has complied with Section 99-43-9.
MS Code § 99-43-37 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 43 - Mississippi Crime Victims' Bill of Rights|§ 99-43-37. Presence at court proceedings; oral or written statements by victim

 It is the discretion of the victim to exercise the right to be present and heard, where authorized by law, at a court proceeding. The absence of the victim at the proceeding of the court does not preclude the court from going forward with the proceeding. The right of the victim to be heard may be exercised, where authorized by law, at the discretion of the victim, through an oral statement or submission of a written statement, or both.
MS Code § 99-43-39 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 43 - Mississippi Crime Victims' Bill of Rights|§ 99-43-39. Return and release of victims' property

  Prior to the admission into evidence by the court, on request of the victim, after consultation and written approval by the prosecuting attorney, the law enforcement agency responsible for investigating the criminal offense shall return to the victim any property belonging to the victim that was taken during the course of the investigation, or shall inform the victim of the reasons why the property will not be returned. The law enforcement agency shall make reasonable efforts to return the property to the victim as soon as possible.   If the property of the victim has been admitted as evidence during a trial or hearing, the court may, upon request of the prosecuting attorney, order its release to the victim if a photograph can be substituted. If evidence is released pursuant to this subsection, the attorney for the defendant or investigator may inspect and independently photograph the evidence before it is released.
MS Code § 99-43-41 (2020)
2020 Mississippi Code|Title 99 - Criminal Procedure|Chapter 43 - Mississippi Crime Victims' Bill of Rights|§ 99-43-41. Custodial agency notice requirements

 Any custodial agency having physical custody of the prisoner, if provided a request for notice, shall mail to the victim the following information:   Within fifteen (15) days prior to the end of the sentence of the prisoner, notice of release upon expiration of sentence or notice of medical release.   Within fifteen (15) days after the prisoner has died, notice of the death.