reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES (§§ 99-35-101 — 99-35-145) › Section 99-35-115 - Bail after conviction of felony; application for emergency hearing upon denial of bail

(1)
A person convicted of felony child abuse, sexual battery of a minor or any offense in which a sentence of death or life imprisonment is imposed shall not be entitled to be released from imprisonment pending an appeal to the Supreme Court.
(2)
(a)
A person convicted of any felony, not enumerated in subsection (1), shall be entitled to be released from imprisonment on bail pending an appeal to the Supreme Court, within the discretion of a judicial officer, if the convict shows by clear and convincing evidence that release of the convict would not constitute a special danger to any other person or to the community, and that a condition or a combination of conditions may be placed on release that will reasonably assure the appearance of the convict as required, and only when the peculiar circumstances of the case render it proper.
(b)
If bail is denied, the judicial officer shall place the reasons for such denial of record in the case.
(c)
For the purposes of this section, "judicial officer" means the trial court or trial judge, a judge of the district in which the conviction occurred, the Supreme Court or a justice of the Supreme Court in vacation of the court.
(d)
The victim or family of a victim shall be entitled to submit a written statement objecting to the granting of release on bail pending appeal.
Codes, 1880, § 2341; 1892, § 66; 1906, § 67; Hemingway's 1917, §§ 43, 44, 45; 1930, § 46; 1942, § 1180; Laws, 1916, ch. 217; Laws, 1987, ch. 350; Laws, 1997, ch. 527, § 1; Laws, 2005, ch. 350, § 1, eff. 3/14/2005.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES (§§ 99-35-101 — 99-35-145) › Section 99-35-117 - Bail after conviction of felony; judge to fix amount of bond; judge or sheriff may approve bond

Where an order shall be made as provided in Section
99-35-115
, the court or judge shall designate the amount of the bond to be given; and the clerk of the court where the conviction was had shall take bond of the appellant with resident sureties or one or more guaranty or surety companies authorized to do business in this state, to be approved by him, in the sum fixed by the order, payable to the state, and conditioned for the appearance of the party in the supreme court and circuit court to abide by and perform such sentence or judgment as may be rendered in the case; or the supreme court or circuit court, or any judge of either court making such order for bail, may take and approve the bond required to be given, or it may be taken by the sheriff in whose custody such prisoner may be, and shall be sent to the supreme court. All the provisions of this chapter on the subject of bail, as far as applicable, shall be applicable to bail for the appearance of any person before the supreme court.
Codes, 1880, § 2342; 1892, § 67; 1906, § 68; Hemingway's 1917, § 46; 1930, § 47; 1942, § 1181.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES (§§ 99-35-101 — 99-35-145) › Section 99-35-119 - Failure of appellant on bond to appear in felony cases

If the appellant in a case of felony do not appear, according to the conditions of his bail-bond, before the supreme court to receive judgment, the court shall proceed as a circuit court is required to do in case of a failure of a party bound to appear in like cases, and may issue the proper process, and may render judgment, and enforce it by execution, and may issue process to any county for the arrest of the appellant, and have him brought before the court to receive judgment.
Codes, 1880, § 1437; 1892, § 4375; 1906, § 4941; Hemingway's 1917, § 3217; 1930, § 3400; 1942, § 1984.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES (§§ 99-35-101 — 99-35-145) › Section 99-35-121 - through 99-35-125 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
§ 99-35-121. [Codes, 1892, § 69; 1906, § 70; Hemingway's 1917, § 50; 1930, § 48; 1942, § 1182; Laws, 1920, ch. 147; 1978, ch. 335, § 39] § 99-35-123. [Codes, 1892, § 70; 1906, § 71; Hemingway's 1917, § 51; 1930, § 50; 1942, § 1184] § 99-35-125. [Codes, 1892, § 71; 1906, § 72; Hemingway's 1917, § 52; 1930, § 51; 1942, § 1185]
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES (§§ 99-35-101 — 99-35-145) › Section 99-35-127 - Sheriff of Hinds County to receive prisoners; fees

The sheriff of Hinds County shall receive and safely keep, according to the order of the supreme court, all persons ordered into his custody. The sheriff shall be paid his fees therefor out of the treasury of the proper county, or out of the state appropriation for the judicial department, when certified by the supreme court.
Codes, 1880, § 1439; 1892, § 4377; 1906, § 4943; Hemingway's 1917, § 3219; 1930, § 3402; 1942, § 1986.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES (§§ 99-35-101 — 99-35-145) › Section 99-35-129 - Execution of sentence; counsel may prosecute appeal

The sentence of the supreme court in all criminal cases brought before it shall be executed in like manner as if passed by the court in which the prosecution originated. It shall not be necessary to bring any person charged with a criminal offense before the supreme court; but his appeal may be prosecuted by counsel.
Codes, Hutchinson's 1848, ch. 63, class 4, art. 1(9); 1857, ch. 63, art. 15; 1871, § 417; 1880, § 1430; 1892, § 4367; 1906, § 4933; Hemingway's 1917, § 3209; 1930, § 3393; 1942, § 1977.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES (§§ 99-35-101 — 99-35-145) › Section 99-35-131 - Appellant granted credit for time served in prison pending appeal

In case of an affirmance by the supreme court of a judgment for imprisonment, if the appellant had remained in prison pending the appeal, the time of imprisonment shall be credited to him, but if he have been on bail, the supreme court shall fix the time for the commencement of his imprisonment, under the judgment of affirmance, so as to cause him to suffer the full time of imprisonment fixed by the judgment of the court below.
Codes, 1880, § 1431; 1892, § 4368; 1906, § 4934; Hemingway's 1917, § 3210; 1930, § 3394; 1942, § 1978.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES (§§ 99-35-101 — 99-35-145) › Section 99-35-133 - [Repealed]

Repealed by Laws, 1991, ch. 573, § 141, eff. 7/1/1991.
Codes, 1880, § 1432; 1892, § 4369; 1906, § 4935; Hemingway's 1917, § 3211; 1930, § 3395; 1942, § 1979.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES (§§ 99-35-101 — 99-35-145) › Section 99-35-135 - Remand and custody of prisoner on affirmance of sentence

If the judgment be affirmed, on appeal, and the offense be punishable with death, the supreme court shall name the day of execution, and remand the prisoner to the proper county, if necessary; and the sheriff of the county where the prisoner shall have been convicted shall execute the sentence. If the sentence be for confinement in the penitentiary, and the defendant be not present, but in custody, the clerk of the supreme court shall forthwith notify the legal authorities of the penitentiary as in cases of conviction for penitentiary offenses in the circuit court, who shall send for the convict as provided in such cases.
Codes, Hutchinson's 1848, ch. 63, art. 15; 1857, ch. 64, art. 313; 1871, § 2814; 1880, § 1434; 1892, § 4371; 1906, § 4937; Hemingway's 1917, § 3213; 1930, § 3396; 1942, § 1980.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES (§§ 99-35-101 — 99-35-145) › Section 99-35-137 - Copy of death sentence to be delivered to sheriff

It shall be the duty of the clerk of the court to which the mandate of the supreme court for the execution of a prisoner punishable by death is sent, forthwith to deliver to the sheriff of the proper county a copy of the sentence, under the seal of his office, which shall be the warrant of the sheriff for executing the convict.
Codes, 1880, § 1435; 1892, § 4372; 1906, § 4938; Hemingway's 1917, § 3214; 1930, § 3397; 1942, § 1981.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES (§§ 99-35-101 — 99-35-145) › Section 99-35-139 - Prisoner to be delivered to sheriff of proper county if new trial ordered

If any person found guilty of a felony shall be in the penitentiary, and the judgment sentencing him shall be reversed and a new trial ordered, he shall be sent to the jail of the county in which he was tried by the legal authorities of the penitentiary, and delivered to the sheriff of the county.
Codes, 1880, § 1436; 1892, § 4373; 1906, § 4939; Hemingway's 1917, § 3215; 1930, § 3398; 1942, § 1982.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES (§§ 99-35-101 — 99-35-145) › Section 99-35-141 - Clerk to notify penitentiary of reversals

The clerk of the supreme court shall, within five days after the reversal of a judgment sentencing any prisoner to the penitentiary, notify the legal authorities of the penitentiary of the reversal, unless it appear of record that the person so sentenced is not in his keeping.
Codes, 1892, § 4374; 1906, § 4940; Hemingway's 1917, § 3216; 1930, § 3399; 1942, § 1983.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES (§§ 99-35-101 — 99-35-145) › Section 99-35-143 - Errors which are not grounds for reversal

A judgment in a criminal case shall not be reversed because the transcript of the record does not show a proper organization of the court below or of the grand jury, or where the court was held, or that the prisoner was present in court during the trial or any part of it, or that the court asked him if he had anything to say why judgment should not be pronounced against him upon the verdict, or because of any error or omission in the case in the court below, except where the errors or omissions are jurisdictional in their character, unless the record show that the errors complained of were made ground of special exception in that court. And no judgment in any case originating in a justice court, or in a municipal court, and appealed to the circuit court, shall be reversed because it may appear in the supreme court transcript that the judgment or record of the said justice or municipal court was not properly certified or was not certified at all, or was missing in whole or in part, unless the record further shows that objection on that account was made in the circuit court, in the absence of which objection in the circuit court there shall be a conclusive presumption that the defects in this clause mentioned did not exist in the circuit court proceedings. Provided however, that the foregoing clause shall not apply to cases wherein a record in the supreme court of the transcript from the justice or municipal court is necessary to a fair understanding of the proceedings in the circuit court.
Codes, 1880, § 1433; 1892, § 4370; 1906, § 4936; Hemingway's 1917, § 3212; 1930, § 3403; 1942, § 1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 35 - APPEALS (§§ 99-35-1 — 99-35-145) › Article 3 - APPEALS TO SUPREME COURT AND RELATED PROCEDURES (§§ 99-35-101 — 99-35-145) › Section 99-35-145 - [Repealed]

Repealed by Laws, 1984, ch. 378, § 18, eff. 4/17/1984.
Codes, 1942, § 1992.5; Laws, 1952, ch. 250, §§ 1-10.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 36 - VICTIM ASSISTANCE COORDINATOR (§§ 99-36-1 — 99-36-7) › Section 99-36-1 - Purpose

The purpose of this chapter is to ensure the fair and compassionate treatment of victims and witnesses of crime and to increase the effectiveness of the criminal justice system by affording certain basic rights and considerations to the victims and witnesses of crime who are essential to prosecution.
Laws, 1987, ch. 467, § 1; reenacted without change, Laws, 1990, ch 486, § 1; reenacted, Laws, 1993, ch. 331, § 1, eff. 3/12/1993.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 36 - VICTIM ASSISTANCE COORDINATOR (§§ 99-36-1 — 99-36-7) › Section 99-36-3 - Definitions

The following terms shall have the meanings ascribed herein, unless the context dictates otherwise:
(a)
"Victim" means any person against whom a felony has been committed or attempted;
(b)
"Close relative of a deceased victim" means a person who was the spouse of a deceased victim at the time of the victim's death or who is a parent or adult brother, sister or child of the deceased victim; and
(c)
"Guardian of a victim" means a person who is the legal guardian of the victim, where the legal relationship between the guardian and victim exists because of the age of the victim or the physical or mental incompetency of the victim.
Laws, 1987, ch. 467, § 2; reenacted without change, Laws, 1990, ch 486, § 2; reenacted, Laws, 1993, ch. 331, § 2, eff. 3/12/1993.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 36 - VICTIM ASSISTANCE COORDINATOR (§§ 99-36-1 — 99-36-7) › Section 99-36-5 - Rights of victim, guardian of victim, or close relative of deceased victim within criminal justice system

(1)
A victim, guardian of a victim, or close relative of a deceased victim is entitled to the following rights within the criminal justice system:
(a)
The right to receive from law enforcement agencies adequate protection from harm and threats of harm arising from cooperation with prosecution efforts, including, but not limited to, the filing of criminal charges where the perpetrator is known;
(b)
The right to have a circuit or county court judge take the safety of the victim or his family into consideration as an element in fixing the amount of bail for the accused;
(c)
The right to be informed of relevant court proceedings and to be informed if those court proceedings have been canceled or rescheduled prior to the event;
(d)
The right to be informed, when requested, by the district attorney's office concerning the general procedures in the criminal justice system, including general procedures in guilty plea negotiations and arrangements;
(e)
The right to provide a victim impact statement prior to any sentencing of the offender; and
(f)
The right to receive information regarding compensation to victims of crime as may be provided by law.
(2)
A victim, guardian of a victim or close relative of a deceased victim has the right to be present at all public court proceedings related to the prosecution of the accused, consistent with the rules of evidence.
(3)
A judge, attorney for the state, peace officer or law enforcement agency is not liable for a failure or inability to provide a right enumerated in this chapter. The failure or inability of any person to provide a right or service enumerated in this chapter may not be used by a defendant in a criminal case as a ground for appeal. A victim, guardian of a victim, or close relative of a deceased victim does not have standing to participate as a party in a criminal proceeding or to contest the disposition of any charge.
Laws, 1987, ch. 467, § 3; reenacted and amended, Laws, 1990, ch 486, § 3; reenacted, Laws, 1993, ch. 331, § 3, eff. 3/12/1993.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 37 - RESTITUTION TO VICTIMS OF CRIMES (§§ 99-37-1 — 99-37-25) › Section 99-37-1 - Definitions

As used in this chapter:
(a)
"Criminal activities" shall mean any offense with respect to which the defendant is convicted or any other criminal conduct admitted by the defendant.
(b)
"Pecuniary damages" shall mean all special damages, but not general damages, which a person could recover against the defendant in a civil action arising out of the facts or events constituting the defendant's criminal activities and shall include, but not be limited to, the money equivalent of property taken, destroyed, broken or otherwise harmed, and losses such as medical expenses.
(c)
"Restitution" shall mean full, partial or nominal payment of pecuniary damages to a victim.
(d)
"Victim" shall mean any person whom the court determines has suffered pecuniary damages as a result of the defendant's criminal activities. "Victim" shall not include any coparticipant in the defendant's criminal activities, or any person knowingly participating in a criminal act at the time he became a victim.
Laws, 1978, ch. 400, § 1; Laws, 1992, ch. 422, § 1, eff. 5/4/1992.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 37 - RESTITUTION TO VICTIMS OF CRIMES (§§ 99-37-1 — 99-37-25) › Section 99-37-3 - Imposition and amount of restitution

(1)
When a person is convicted of criminal activities which have resulted in pecuniary damages, in addition to any other sentence it may impose, the court may order that the defendant make restitution to the victim; provided, however, that the justice court shall not order restitution in an amount exceeding Five Thousand Dollars ($5,000.00).
(2)
In determining whether to order restitution which may be complete, partial or nominal, the court shall take into account:
(a)
The financial resources of the defendant and the burden that payment of restitution will impose, with due regard to the other obligations of the defendant;
(b)
The ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court; and
(c)
The rehabilitative effect on the defendant of the payment of restitution and the method of payment.
(3)
If the defendant objects to the imposition, amount or distribution of the restitution, the court shall, at the time of sentencing, allow him to be heard on such issue.
(4)
If the court determines that restitution is inappropriate or undesirable, an order reciting such finding shall be entered, which should also state the underlying circumstances for such determination.
Laws, 1978, ch. 400, § 2; Laws, 1990, ch. 379, § 1; Laws, 2003, ch. 314, § 1, eff. 7/1/2003.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 37 - RESTITUTION TO VICTIMS OF CRIMES (§§ 99-37-1 — 99-37-25) › Section 99-37-5 - Payment; order; enforcement

(1)
When a defendant is sentenced to pay a fine or costs or ordered to make restitution, the court may order payment to be made forthwith or within a specified period of time or in specified installments. If a defendant is sentenced to a term of imprisonment, an order of payment of a fine, costs or restitution shall not be enforceable during the period of imprisonment unless the court expressly finds that the defendant has assets to pay all or part of the amounts ordered at the time of sentencing.
(2)
When a defendant sentenced to pay a fine or costs or ordered to make restitution is also placed on probation or imposition or execution of sentence is suspended, the court may make payment of the fine or costs or the making of restitution a condition of probation or suspension of sentence. 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 a defendant to make a good faith effort to make such restitution may be considered a violation of the defendant's probation and may be cause for revocation of his probation or suspension of sentence.
Laws, 1978, ch. 400, § 3; Laws, 1979, ch. 462, § 5, eff. 7/1/1979.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 37 - RESTITUTION TO VICTIMS OF CRIMES (§§ 99-37-1 — 99-37-25) › Section 99-37-7 - Treatment of default in payment as contempt; judicial officer not liable for failure of defendant to pay fine or make restitution

(1)
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.
(2)
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.
(3)
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.
(4)
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.
Laws, 1978, ch. 400, § 4 (1-3); Laws, 1991, ch. 481, § 1, eff. 7/1/1991.
Amended by Laws, 2018, ch. 416, HB 387,§ 3, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 37 - RESTITUTION TO VICTIMS OF CRIMES (§§ 99-37-1 — 99-37-25) › Section 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.
Laws, 1978, ch. 400, § 4(4); Laws, 1979, ch. 501, § 3, eff. 4/18/1979.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 37 - RESTITUTION TO VICTIMS OF CRIMES (§§ 99-37-1 — 99-37-25) › Section 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.
Laws, 1978, ch. 400, § 4(5), eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 37 - RESTITUTION TO VICTIMS OF CRIMES (§§ 99-37-1 — 99-37-25) › Section 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.
Laws, 1978, ch. 400, § 4(6), eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 37 - RESTITUTION TO VICTIMS OF CRIMES (§§ 99-37-1 — 99-37-25) › Section 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.
Laws, 1978, ch. 400, § 5; Laws, 1979, ch. 462, § 6; Laws, 1982, ch. 431, § 7, eff. 7/1/1982.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 37 - RESTITUTION TO VICTIMS OF CRIMES (§§ 99-37-1 — 99-37-25) › Section 99-37-17 - Civil actions by victims; evidence; damages

(1)
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.
(2)
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.
Laws, 1978, ch. 400, § 6, eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 37 - RESTITUTION TO VICTIMS OF CRIMES (§§ 99-37-1 — 99-37-25) › Section 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.
Laws, 1978, ch. 400, § 7; Laws, 1986, ch. 428, § 2; Laws, 2003, ch. 552, § 1; Laws, 2005, ch. 376, § 1; Laws, 2007, ch. 350, § 1; Laws, 2009, ch. 367, § 4, eff. 7/1/2009.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 37 - RESTITUTION TO VICTIMS OF CRIMES (§§ 99-37-1 — 99-37-25) › Section 99-37-21 - Powers and duties of public welfare and corrections departments as to restitution centers

(1)
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.
(2)
The department of public welfare and the department of corrections are authorized and directed, jointly or separately:
(a)
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;
(b)
to develop additional programs whereby offenders may be afforded opportunities to contribute to society and the support of their families through restitution programs; and
(c)
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.
Laws, 1978, ch. 400, § 8(1), (2), eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 37 - RESTITUTION TO VICTIMS OF CRIMES (§§ 99-37-1 — 99-37-25) › Section 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.
Laws, 1978, ch. 400, § 8(3), eff. 7/1/1978.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 38 - CRIME VICTIM'S ESCROW ACCOUNT ACT (§§ 99-38-1 — 99-38-11) › Section 99-38-1 - Short title

This chapter shall be known and may be cited as the "Crime Victims' Escrow Account Act."
Laws, 1987, ch. 468, § 1, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 38 - CRIME VICTIM'S ESCROW ACCOUNT ACT (§§ 99-38-1 — 99-38-11) › Section 99-38-3 - Definitions

As used in this chapter the following terms shall have the meanings herein ascribed:
(a)
"Accused" shall mean any person who has been indicted for a criminal offense or against whom a criminal prosecution has been commenced;
(b)
"Treasurer" shall mean the State Treasurer of the State of Mississippi; and
(c)
"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.
Laws, 1987, ch. 468, § 2; Laws, 1992, ch. 422, § 2, eff. 5/4/1992.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 38 - CRIME VICTIM'S ESCROW ACCOUNT ACT (§§ 99-38-1 — 99-38-11) › Section 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.
Laws, 1987, ch. 468, § 3, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 38 - CRIME VICTIM'S ESCROW ACCOUNT ACT (§§ 99-38-1 — 99-38-11) › Section 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

(1)
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.
(2)
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.
(3)
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.
Laws, 1987, ch. 468, § 4, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 38 - CRIME VICTIM'S ESCROW ACCOUNT ACT (§§ 99-38-1 — 99-38-11) › Section 99-38-11 - Offenses and penalties

(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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
.
Laws, 1987, ch. 468, § 6, eff. 7/1/1987.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 39 - POST-CONVICTION PROCEEDINGS (§§ 99-39-1 — 99-39-119) › Article 1 - MISSISSIPPI UNIFORM POST-CONVICTION COLLATERAL RELIEF ACT (§§ 99-39-1 — 99-39-29) › Section 99-39-1 - Short title

This article shall be known and may be cited as the "Mississippi Uniform Post-Conviction Collateral Relief Act."
Laws, 1984, ch. 378, § 1.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 39 - POST-CONVICTION PROCEEDINGS (§§ 99-39-1 — 99-39-119) › Article 1 - MISSISSIPPI UNIFORM POST-CONVICTION COLLATERAL RELIEF ACT (§§ 99-39-1 — 99-39-29) › Section 99-39-3 - Purpose

(1)
The purpose of this article is to revise, streamline and clarify the rules and statutes pertaining to post-conviction collateral relief law and procedures, to resolve any conflicts therein and to provide the courts of this state with an exclusive and uniform procedure for the collateral review of convictions and sentences. Specifically, this article repeals the statutory writ of error coram nobis, supersedes Rule 8.07 of the Mississippi Uniform Criminal Rules of Circuit Court Practice and abolishes the common law writs relating to post-conviction collateral relief, including by way of illustration but not limitation, error coram nobis, error coram vobis, and post-conviction habeas corpus, as well as statutory post-conviction habeas corpus. The relief formerly accorded by such writs may be obtained by an appropriate motion under this article. The enactment of this article does not affect any pre-conviction remedies.
(2)
Direct appeal shall be the principal means of reviewing all criminal convictions and sentences, and the purpose of this article is to provide prisoners with a procedure, limited in nature, to review those objections, defenses, claims, questions, issues or errors which in practical reality could not be or should not have been raised at trial or on direct appeal.
Laws, 1984, ch. 378, § 2, eff. 4/17/1984.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 39 - POST-CONVICTION PROCEEDINGS (§§ 99-39-1 — 99-39-119) › Article 1 - MISSISSIPPI UNIFORM POST-CONVICTION COLLATERAL RELIEF ACT (§§ 99-39-1 — 99-39-29) › Section 99-39-7 - Filing motion in trial court; filing motion to proceed in trial court with supreme court

The motion under this article shall be filed as an original civil action in the trial court, except in cases in which the petitioner's conviction and sentence have been appealed to the Supreme Court of Mississippi and there affirmed or the appeal dismissed. Where the conviction and sentence have been affirmed on appeal or the appeal has been dismissed, the motion under this article shall not be filed in the trial court until the motion shall have first been presented to a quorum of the Justices of the Supreme Court of Mississippi, convened for said purpose either in termtime or in vacation, and an order granted allowing the filing of such motion in the trial court. The procedure governing applications to the Supreme Court for leave to file a motion under this article shall be as provided in Section
99-39-27
.
Laws, 1984, ch. 378, § 4; Laws, 2009, ch. 339, § 3, eff. 3/16/2009.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 39 - POST-CONVICTION PROCEEDINGS (§§ 99-39-1 — 99-39-119) › Article 1 - MISSISSIPPI UNIFORM POST-CONVICTION COLLATERAL RELIEF ACT (§§ 99-39-1 — 99-39-29) › Section 99-39-13 - Answer; affirmative defenses

The answer shall respond to all of the allegations of the motion and shall assert such affirmative defenses as the state may deem appropriate.
Laws, 1984, ch. 378, § 7, eff. 4/17/1984.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 39 - POST-CONVICTION PROCEEDINGS (§§ 99-39-1 — 99-39-119) › Article 1 - MISSISSIPPI UNIFORM POST-CONVICTION COLLATERAL RELIEF ACT (§§ 99-39-1 — 99-39-29) › Section 99-39-15 - Requests for discovery

(1)
A party may invoke the processes of discovery available under the Mississippi Rules of Civil Procedure or elsewhere in the usages and principles of law if, and to the extent that, the judge in the exercise of his discretion and for good cause shown grants leave to do so, but not otherwise.
(2)
Requests for discovery shall be accomplished by a statement of the interrogatories or requests for admission and a list of the documents, if any, sought to be produced.
Laws, 1984, ch. 378, § 8, eff. 4/17/1984.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 39 - POST-CONVICTION PROCEEDINGS (§§ 99-39-1 — 99-39-119) › Article 1 - MISSISSIPPI UNIFORM POST-CONVICTION COLLATERAL RELIEF ACT (§§ 99-39-1 — 99-39-29) › Section 99-39-17 - Expansion of record

(1)
If the motion is not dismissed summarily, the judge may direct that the record be expanded by the parties by the inclusion of additional materials relevant to the determination of the merits of the motion.
(2)
The expanded record may include, without limitation, letters predating the filing of the motion in the court, documents, exhibits and answers under oath, if so directed, to written interrogatories propounded by the judge. Affidavits may be submitted and considered as a part of the record.
(3)
In any case in which an expanded record is directed, copies of the letters, documents, exhibits and affidavits proposed to be included shall be submitted to the party against whom they are to be offered, and he shall be afforded an opportunity to admit or deny their correctness.
(4)
The court may require the authentication of any material under subsection (1) or (2) of this section.
Laws, 1984, ch. 378, § 9, eff. 4/17/1984.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 39 - POST-CONVICTION PROCEEDINGS (§§ 99-39-1 — 99-39-119) › Article 1 - MISSISSIPPI UNIFORM POST-CONVICTION COLLATERAL RELIEF ACT (§§ 99-39-1 — 99-39-29) › Section 99-39-19 - Evidentiary hearing; summary judgment

(1)
If the motion is not dismissed at a previous stage of the proceeding, the judge, after the answer is filed and discovery, if any, is completed, shall, upon a review of the record, determine whether an evidentiary hearing is required. If it appears that an evidentiary hearing is not required, the judge shall make such disposition of the motion as justice shall require.
(2)
The court may grant a motion by either party for summary judgment when it appears from the record that there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.
Laws, 1984, ch. 378, § 10, eff. 4/17/1984.
Mississippi Code 1972 (2023) › Title 99 - CRIMINAL PROCEDURE (§§ 99-NEW-001 — 99-51-3) › Chapter 39 - POST-CONVICTION PROCEEDINGS (§§ 99-39-1 — 99-39-119) › Article 1 - MISSISSIPPI UNIFORM POST-CONVICTION COLLATERAL RELIEF ACT (§§ 99-39-1 — 99-39-29) › Section 99-39-21 - Procedural waiver of objections, defenses, claims; collateral estoppel; res judicata; burden of proof

(1)
Failure by a prisoner to raise objections, defenses, claims, questions, issues or errors either in fact or law which were capable of determination at trial and/or on direct appeal, regardless of whether such are based on the laws and the Constitution of the state of Mississippi or of the United States, shall constitute a waiver thereof and shall be procedurally barred, but the court may upon a showing of cause and actual prejudice grant relief from the waiver.
(2)
The litigation of a factual issue at trial and on direct appeal of a specific state or federal legal theory or theories shall constitute a waiver of all other state or federal legal theories which could have been raised under said factual issue; and any relief sought under this article upon said facts but upon different state or federal legal theories shall be procedurally barred absent a showing of cause and actual prejudice.
(3)
The doctrine of res judicata shall apply to all issues, both factual and legal, decided at trial and on direct appeal.
(4)
The term "cause" as used in this section shall be defined and limited to those cases where the legal foundation upon which the claim for relief is based could not have been discovered with reasonable diligence at the time of trial or direct appeal.
(5)
The term "actual prejudice" as used in this section shall be defined and limited to those errors which would have actually adversely affected the ultimate outcome of the conviction or sentence.
(6)
The burden is upon the prisoner to allege in his motion such facts as are necessary to demonstrate that his claims are not procedurally barred under this section.
Laws, 1984, ch. 378, § 11, eff. 4/17/1984.