reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 2 - Operations › Subpart 1 - Security › Chapter 2 - Mail, Telephone, Visiting › Subchapter 1 - Control of Contraband/Body Searches - Visitors › Rule 29-2-1-2.1.5 - PROCEDURES

Current through June 25, 2024
1.
Facility Contraband
					 Warnings
A. In accordance with
					 each MDOC facilitys physical layout, signs will be posted at facility entrances
					 specifying those items deemed to be contraband by agency security and the
					 subsequent penalty for violating said prohibitions. The signs will contain the
					 following information:
Attention all Visitors and Vendors
B. At all times while on the grounds of the
					 Mississippi Department of Corrections, you are subject to search of your
					 person, vehicles, personal property, or any/all items you may have in your
					 possession. Guns, knives, ammunition, alcohol, drugs, weapons, or any
					 instrument or tool that may be used as a weapon or any other items declared by
					 this institution to be contraband are strictly forbidden. Contraband will be
					 confiscated and violators will be prosecuted.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 2 - Operations › Subpart 1 - Security › Chapter 2 - Mail, Telephone, Visiting › Subchapter 1 - Control of Contraband/Body Searches - Visitors › Rule 29-2-1-2.1.6 - DOCUMENTS REQUIRED

Current through June 25, 2024
As required by this policy and through the chain of command.
Miss. Code Ann.
						§
												47-5-193,
						 47-5-194,
						 47-5-195,
						 47-5-198.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 3 - Public Records › Subpart 1 - Oral Proceedings › Chapter 1 - Rulemaking Oral Proceedings › Subchapter 1 - Policy › Rule 29-3-1-1.1.1 - Model Rules

Current through June 25, 2024
This chapter consists of model rules for oral proceedings held to provide the public an opportunity to comment on submissions made under the Administrative Procedures Act and the Rules in this Title. The Secretary of States Office is required to provide these model rules under Miss. Code Ann. §
											25-43-2.105. Agencies are not required to adopt these model rules.
Miss. Code Ann.
						§
												25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 3 - Public Records › Subpart 1 - Oral Proceedings › Chapter 1 - Rulemaking Oral Proceedings › Subchapter 1 - Policy › Rule 29-3-1-1.2.1 - Application of Chapter

Current through June 25, 2024
This chapter applies to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations or written input on proposed new rules, amendments to rules, and proposed repeal of existing rules before the Mississippi Department of Corrections pursuant to the Administrative Procedures Act.
Miss. Code Ann.
						§
												25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 3 - Public Records › Subpart 1 - Oral Proceedings › Chapter 1 - Rulemaking Oral Proceedings › Subchapter 1 - Policy › Rule 29-3-1-1.3.1 - Request for Oral Proceeding

Current through June 25, 2024
When a political subdivision, an agency, or a citizen requests an oral proceeding in regards to a proposed rule adoption, the requestor must submit a printed, typewritten, or legibly handwritten request.
A. Each request must be
					 submitted on 8-1/2 x 11 white paper.
B. The request may be in the form of a letter
					 addressed to the Mississippi Department of Corrections or in the form of a
					 pleading as if filed with a court.
C. Each request must include the full name,
					 telephone numbers, and mailing address of the requestor(s).
D. All requests will be signed by the person
					 filing the request, unless represented by an attorney, in which case the
					 attorney may sign the request.
Miss. Code Ann.
						§
												25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 3 - Public Records › Subpart 1 - Oral Proceedings › Chapter 1 - Rulemaking Oral Proceedings › Subchapter 1 - Policy › Rule 29-3-1-1.4.1 - Notice of Oral Proceeding

Current through June 25, 2024
Notice of the date, time, and place of all oral proceedings will be filed with the Secretary of States Office for publication in the Administrative Bulletin. The agency providing the notice will provide notice of oral proceedings to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of the notice with the Secretary of State. The Agency Head, or designee who is familiar with the substance of the proposed rule, will preside at the oral proceeding on a proposed rule.
Miss. Code Ann.
						§
												25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 3 - Public Records › Subpart 1 - Oral Proceedings › Chapter 1 - Rulemaking Oral Proceedings › Subchapter 1 - Policy › Rule 29-3-1-1.5.1 - Public Participation Guidelines

Current through June 25, 2024
Public participation will be permitted at oral proceedings in accordance with the following:
A. At an oral proceeding on a proposed rule,
					 persons may make statements and present documentary and physical submissions
					 concerning the proposed rule.
B.
					 Persons wishing to make oral presentations at such a proceeding will notify the
					 Mississippi Department of Corrections at least three business days prior to the
					 proceeding and indicate the general subject of their presentations. The
					 presiding officer in his or her discretion may allow individuals to participate
					 that have not contacted the Mississippi Department of Corrections prior to the
					 proceeding.
C. At the proceeding,
					 those who participate will indicate their names and addresses, identify any
					 persons or organizations they may represent, and provide any other information
					 relating to their participation deemed appropriate by the presiding
					 officer.
D. The presiding officer
					 may place time limitations on individual presentations when necessary to assure
					 the orderly and expeditious conduct of the oral proceeding. To encourage joint
					 presentations and to avoid repetition, additional time may be provided for
					 persons whose presentations represent the views of other individuals as well as
					 their own views.
E. Persons making
					 presentations are encouraged to avoid restating matters that have already been
					 submitted in writing. Written materials may, however, be submitted at the oral
					 proceeding.
F. Where time permits
					 and to facilitate the exchange of information, the presiding officer may open
					 the floor to questions or general discussion. The presiding officer may
					 question participants and permit the questioning of participants by other
					 participants about any matter relating to that rule-making proceeding,
					 including any prior written submissions made by those participants in that
					 proceeding. No participant will be required to answer any question.
Miss. Code Ann.
						§
												25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 3 - Public Records › Subpart 1 - Oral Proceedings › Chapter 1 - Rulemaking Oral Proceedings › Subchapter 1 - Policy › Rule 29-3-1-1.6.1 - Submissions and Records

Current through June 25, 2024
Physical and Documentary Submissions presented by participants in an oral proceeding will be submitted to the presiding officer. Such submissions become the property of the Mississippi Department of Corrections, part of the rulemaking record, and are subject to the Mississippi Department of Corrections public records request procedure. The Mississippi Department of Corrections may record oral proceedings by stenographic or electronic means.
Miss. Code Ann.
						§
												25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 3 - Public Records › Subpart 1 - Oral Proceedings › Chapter 1 - Rulemaking Oral Proceedings › Subchapter 2 - Policy › Rule 29-3-1-1.2.1 - Model Rules

Current through June 25, 2024
This chapter consists of model rules addressing the publics request for declaratory opinions and an agencys disposition of requests for declaratory opinions. The Secretary of States Office is required to provide these model rules under Miss. Code Ann. §
											25-43-2.105. Agencies are not required to adopt these model rules.
Miss. Code Ann.
						§
												25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 3 - Public Records › Subpart 1 - Oral Proceedings › Chapter 1 - Rulemaking Oral Proceedings › Subchapter 2 - Policy › Rule 29-3-1-1.2.2 - Application of Chapter

Current through June 25, 2024
This chapter sets forth the Mississippi Department of Corrections rules governing the form, content, and filing of requests for declaratory opinions, the procedural rights of persons in relation to the written requests, and the Mississippi Department of Corrections procedures regarding the disposition of requests as required by Mississippi Code §
											25-43-2.103.
Miss. Code Ann.
						§
												25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 3 - Public Records › Subpart 1 - Oral Proceedings › Chapter 1 - Rulemaking Oral Proceedings › Subchapter 2 - Policy › Rule 29-3-1-1.2.3 - Scope of Declaratory Opinions

Current through June 25, 2024
The Mississippi Department of Corrections will issue declaratory opinions regarding the applicability to specified facts of:
A. a statute administered or enforceable by
					 the Mississippi Department of Corrections,
B. a rule promulgated by the Mississippi
					 Department of Corrections, or
C. an
					 order issued by the Mississippi Department of Corrections.
Miss. Code Ann.
						§
												25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 3 - Public Records › Subpart 1 - Oral Proceedings › Chapter 1 - Rulemaking Oral Proceedings › Subchapter 2 - Policy › Rule 29-3-1-1.2.4 - Scope of Declaratory Opinion Request

Current through June 25, 2024
A request must be limited to a single transaction or occurrence.
Miss. Code Ann.
						§
												25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 3 - Public Records › Subpart 1 - Oral Proceedings › Chapter 1 - Rulemaking Oral Proceedings › Subchapter 2 - Policy › Rule 29-3-1-1.2.5 - How to Submit Requests

Current through June 25, 2024
When a person with substantial interest, as required by Section 25-43-2.103 of the Administrative Procedures Act, requests a declaratory opinion, the requestor must submit a printed, typewritten, or legibly handwritten request.
A. Each request must be submitted on 8-1/2 x
					 11 white paper.
B. The request may
					 be in the form of a letter addressed to the Mississippi Department of
					 Corrections or in the form of a pleading as if filed with a court.
C. Each request must include the full name,
					 telephone numbers, and mailing address of the requestor(s).
D. All requests will be signed by the person
					 filing the request, unless represented by an attorney, in which case the
					 attorney may sign the request.
E.
					 Each request must clearly state that it is a request for a declaratory
					 opinion.
Miss. Code Ann.
						§
												25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 3 - Public Records › Subpart 1 - Oral Proceedings › Chapter 1 - Rulemaking Oral Proceedings › Subchapter 2 - Policy › Rule 29-3-1-1.2.6 - Signature Attestation

Current through June 25, 2024
Any party who signs the request will attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any agency, administrative, or judicial tribunal.
Miss. Code Ann.
						§
												25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 3 - Public Records › Subpart 1 - Oral Proceedings › Chapter 1 - Rulemaking Oral Proceedings › Subchapter 2 - Policy › Rule 29-3-1-1.2.7 - Request Content Requirement

Current through June 25, 2024
Each request must contain the following:
A. A clear identification of the statute,
					 rule, or order at issue
B. The
					 question for the declaratory opinion
C. A clear and concise statement of all facts
					 relevant to the question presented
D. The identity of all other known persons
					 involved in or impacted by the facts giving rise to the request including their
					 relationship to the facts, and their name, mailing address, and telephone
					 number
E. A statement sufficient to
					 show that the requestor has a substantial interest in the subject matter of the
					 request
Miss. Code Ann.
						§
												25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 3 - Public Records › Subpart 1 - Oral Proceedings › Chapter 1 - Rulemaking Oral Proceedings › Subchapter 2 - Policy › Rule 29-3-1-1.2.9 - Agency Response

Current through June 25, 2024
Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Mississippi Department of Corrections will, in writing:
A. Issue an opinion declaring the
					 applicability of the statute, rule, or order to the specified
					 circumstances
B. Agree to issue a
					 declaratory opinion by a specified time but no later than ninety (90) days
					 after receipt of the written request
C. Decline to issue a declaratory opinion,
					 stating the reasons for its action.
The forty-five (45) day period will begin on the first
						business day after which the request is received by the Mississippi Department
						of Corrections.
Miss. Code Ann.
						§
												25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 3 - Public Records › Subpart 1 - Oral Proceedings › Chapter 1 - Rulemaking Oral Proceedings › Subchapter 2 - Policy › Rule 29-3-1-1.2.10 - Availability of Declaratory Opinions and Requests for Opinions

Current through June 25, 2024
Declaratory opinions and requests for declaratory opinions will be available for public inspection and copying at the expense of the viewer during normal business hours. All declaratory opinions and requests will be indexed by name, subject, and date of issue. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws will be exempt from this requirement and will remain confidential.
Miss. Code Ann.
						§
												25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 201 - Mississippi State Parole Board Policies And Procedures › Chapter 1 - Organization › Rule 29-201-1.4 - Rule Making Authority

Current through June 25, 2024
The Board may at any time institute rules and regulations necessary for conducting business as long as these rules and regulations are consistent with the law. These rules and regulations may from time to time be amended or changed by the Board.
Miss. Code Ann §
										47-7-23
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 201 - Mississippi State Parole Board Policies And Procedures › Chapter 1 - Organization › Rule 29-201-1.5 - Department of Corrections

Current through June 25, 2024
The Board operates independently of the Department of Corrections. The Board Members are legislated positions and answer to the Governor. The Board is funded by a separate line item within the appropriation for the Department of Corrections. The staff is composed of employees of the Board as well as employees of Mississippi Department of Corrections.
The Department of Corrections provides space to conduct hearings at its three major facilities, MSP (Parchman), CMCF (RankinCounty), and SMCI (GreeneCounty). The Department of Corrections provides inmate's master files, computer information, and other pertinent information to the Board on inmates being considered for parole, revocation, or clemency.
The Board has no statutory authority over operations of the correctional system. The Department of Corrections has sole authority as to where inmates are housed, program assignments, designation of trustees, granting of leaves, computation of parole eligibility, disciplinary actions and supervision of parolees.
Miss. Code Ann §
										47-7-23
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 201 - Mississippi State Parole Board Policies And Procedures › Chapter 1 - Authority, Organization, and Duties of the Mississippi Parole Board › Rule 29-201-1.1 - Authority of Mississippi Parole Board

Current through June 25, 2024
A.
				The Mississippi Code of 1972 Annotated, §
									47-7-5 created the Mississippi
				Parole Board, hereinafter referred to as "The Board."
B. The Board has exclusive authority for
				granting or revoking parole as provided by Miss. Code Ann. §§
									47-7-3,
				 47-7-17,  47-7-27, and  47-7-29. However, the Mississippi Supreme Court has
				repeatedly announced that an inmate's parole is only a privilege, not a
				right.1
C. The Board may adopt such rules not
				inconsistent with law as it may deem proper or necessary with respect to the
				eligibility of offenders for parole, the conduct of parole hearings, or
				conditions to be imposed upon parolees. The Board shall have the authority to
				adopt rules related to the placement of certain offenders on unsupervised
				parole and for the operation of transitional reentry
				centers.2
D. The Board has exclusive responsibility for
				investigating clemency-recommendations upon request of the Governor.
E. The Board has no statutory authority over
				operations of the correctional system. The Mississippi Department of
				Corrections hereinafter referred to as "The Department," has sole authority as
				to where inmates are housed, program assignments, designation of trustees,
				granting of leaves, computation of parole eligibility, disciplinary actions and
				supervision of parolees.
1 "......because the Mississippi
				  parole statutes contain no such mandatory language, employing the permissive
				  "may" rather than "shall," prisoners have "no constitutionally recognized
				  liberty interest" in parole.
Vice v. State
, 679 So. 2d 205,
				  208 (Miss. 1996). Additionally, parole should not be used as leverage in a plea
				  deal.
2 However, in no case shall an
				  offender be placed on unsupervised parole before he has served a minimum of
				  fifty percent (50%) of the period of supervised parole.
Miss. Code
				  Ann. §§
										47-7-5, et seq., 47-7-17(5)
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 201 - Mississippi State Parole Board Policies And Procedures › Chapter 1 - Authority, Organization, and Duties of the Mississippi Parole Board › Rule 29-201-1.2 - Operation and Organization of the Mississippi Parole Board

Current through June 25, 2024
A. The Board shall be composed of five (5)
				members who are appointed by the Governor, with the advice and consent of the
				Senate. The Governor appoints one of the members to serve as Chairman. All
				terms are served at the will and pleasure of the Governor
B. Each member shall meet the requirements
				established by statute and shall devote full time to the Board's duties.
				Members shall not engage in any other business or profession or hold any other
				public office.
C. The Board's
				budget shall be funded through a separate line item within the general
				appropriation bill that supports and maintains the Department. Employees of the
				Department which are employed by or assigned to support the Board shall work
				under the guidance and supervision of the Board.
D. The Board operates independently of the
				Department. However, the Department shall provide suitable and sufficient
				office space, resources, and support staff necessary to conducting Board
				business.
E. General activities,
				duties and requirements of the Board are governed by Miss. Code Ann.§
									47-7-5.
Miss. Code
				  Ann. §§
										47-7-5(1)(2)(5),  47-7-13
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 201 - Mississippi State Parole Board Policies And Procedures › Chapter 1 - Authority, Organization, and Duties of the Mississippi Parole Board › Rule 29-201-1.3 - Duties of the Parole Board

Current through June 25, 2024
A. The Chairman
				of the Board is responsible for the operations and procedures regarding the
				release of eligible inmates or parolees. Oversees the review of inmates
				eligible for parole. Establishes methods for determining tentative dates and
				times for parole hearings.
B. Board
				members are responsible for reviewing recommendations proposed for inmate
				release, reviewing files of inmates to determine eligibility for parole, and
				conditions for which the inmate may be released. Members prepare responses to
				inquiries for inmate release and may interview inmates to make
				recommendations.
C. The executive
				secretary to the Board is responsible for all administrative and general
				accounting duties related to the Board. The executive secretary shall keep and
				preserve all records and papers pertaining to the Board, and shall perform all
				other duties as assigned by the Board. The secretary will also ensure staff's
				hours are maintained and overtime required by the workload is not
				abused.
Miss. Code
				  Ann. §§
										47-7-3(2),  47-7-4,  47-7-5,  47-7-6,  47-7-9,  47-7-11,  47-7-13,
				   47-7-15,  47-7-17,  47-7-18,  47-7-27,  47-7-33.1, Mississippi State Personnel
				  Board Job and Descriptions
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 201 - Mississippi State Parole Board Policies And Procedures › Chapter 2 - Board Administration › Rule 29-201-2.1 - Attendance at a Board Hearing

Current through June 25, 2024
Hearings are closed to the public. Should an offender desire to have legal counsel at his hearing, arrangements may be made by a family member, the inmate or legal counselor at his or her own expense. The Board staff sets the appointment and notifies the legal representation as to the location, date and time of the hearing.
Miss. Code
				  Ann. §
										25-41-3(a)(iv)
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 201 - Mississippi State Parole Board Policies And Procedures › Chapter 2 - Board Administration › Rule 29-201-2.2 - Parole Board Voting

Current through June 25, 2024
A majority of the Board shall constitute a quorum for the transaction of all business. Unless specified otherwise by statute for special circumstances, a majority of the Board is required to grant parole. The Chairman shall set a meeting agenda for approval or amendment by a quorum of the Board.
Miss. Code
				  Ann. §
										47-7-13
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 201 - Mississippi State Parole Board Policies And Procedures › Chapter 2 - Board Administration › Rule 29-201-2.3 - Decisions of the Parole Board

Current through June 25, 2024
The Board provides the offender with the Board's decision as set forth in Miss. Admin. Code Pt. 201, R. 3.4. The Board also releases to the victim(s) and/or family member(s) the decision of the Board in writing. In order for the Board to release information about offenders to anyone else, the individual requesting information must give the reason for the request and the requested information may be released on a case by case basis.
The Board will not release information that may jeopardize the safety of someone, reveal a confidential source of information, or adversely affect the return of an offender to society as a law-abiding citizen.
Miss. Code
				  Ann. §
										47-7-17
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 201 - Mississippi State Parole Board Policies And Procedures › Chapter 2 - Board Administration › Rule 29-201-2.4 - Record of Parole Board Decisions

Current through June 25, 2024
A.
				The Board shall maintain, in minute book form, a copy of each of its official
				actions with the reasons therefor.
B. The Board shall keep record of its acts
				and shall notify each institution of its decisions relating to the persons who
				are or have been confined therein.
Miss. Code
				  Ann. §§
										47-7-6,  47-7-15,  47-7-27
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 201 - Mississippi State Parole Board Policies And Procedures › Chapter 2 - Board Administration › Rule 29-201-2.5 - Record of Parole Board Decisions

Current through June 25, 2024
A.
				The Board, with the assistance of the Department, shall collect the following
				information:
1. number of offenders
				supervised on parole;
2. number of
				offenders released on parole;
3.
				number of parole hearings held;
4.
				parole grant rate for parolees released with and without a hearing;
5. average length of time offenders spend on
				parole;
6. number and percentage of
				parolees revoked for a technical violation and returned for a term of
				imprisonment in a technical violation center;
7. number and percentage of parolees revoked
				for a technical violation and returned for a term of imprisonment in another
				type of Department facility;
8.
				number and percentage of parolees who are convicted of a new offense and
				returned for a term of imprisonment on their current crime as well as the new
				crime;
9. number of parolees held
				on a violation in county jail awaiting a revocation hearing; and
10. average length of stay in a county jail
				for parolees awaiting a revocation hearing.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 201 - Mississippi State Parole Board Policies And Procedures › Chapter 2 - Board Administration › Rule 29-201-2.6 - Requesting Public Records

Current through June 25, 2024
All public-records requests regarding inmates are handled by the Department. Attorneys or community-members requesting an inmate's records may visit the following website to initiate a request:
https://mississippidoc.govqa.us/WEBAPP/_rs/(S(5mtpsync2tcnmp0knf314qpy))/supporthome.aspx?1p=2&sSessionID=
Miss. Code Ann. §
										25-61-1, et
				  seq
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 201 - Mississippi State Parole Board Policies And Procedures › Chapter 3 - The Parole Process › Rule 29-201-3.3 - Release on Parole Date

Current through June 25, 2024
A. Inmates
				convicted of sex offenses as defined by Miss. Code Ann. §
									45-33-23(h),
				crimes of violence as defined by Miss. Code Ann. §
									97-3-2, or both, in
				addition to inmates eligible for geriatric parole, shall not be released on
				parole without a hearing before the Board as required by Miss. Code Ann. §
									47-7-17. All other inmates eligible for parole pursuant to Miss. Code Ann.
				§
									47-7-3 shall be released from incarceration to parole supervision on the
				inmate's parole eligibility date, without a hearing before the Board, if:
1. The inmate has met the requirements of the
				parole case plan established pursuant to Miss. Code Ann. §
										47-7-3.1;
2. A victim of the
				offense has not requested the Board conduct a hearing;
3. The inmate has not received a serious or
				major violation report within the past six (6) months;
4. The inmate has agreed to the conditions of
				supervision as set forth in Miss. Admin. Code Pt. 201, R. 3.5; and
5. The inmate has a discharge plan approved
				by the Board as set forth in Miss. Code Ann. §
										47-7-33.1.7
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 201 - Mississippi State Parole Board Policies And Procedures › Chapter 3 - The Parole Process › Rule 29-201-3.6 - Parole Violations and Revocations

Current through June 25, 2024
The Board is governed by Miss. Code Ann. §
									47-7-27 regarding procedures for parole revocations. At its discretion, the Board Chairman (or his designee) may issue a warrant for the return of any paroled offender to the custody of the Department at any time upon showing a probable violation of parole. The warrant shall authorize all persons named therein to return the paroled offender to actual custody of the Department from which he was paroled.
A.
Convicted While
				on Parole.
An offender convicted of a felony committed while on parole,
				whether in the State of Mississippi or another state, shall immediately have
				his parole revoked upon presentment of a certified copy of the commitment order
				to the Board.
If an offender is on parole and the offender is convicted of
				  a felony for a crime committed prior to the offender being placed on parole,
				  whether in the State of Mississippi or another state, the offender may have his
				  parole revoked upon presentment of a certified copy of the commitment order to
				  the board.
B.
Parole
				Revocation Hearings - Deadlines and Penalties
1.
Technical Violations; Penalties for
				Detained and Non-Detained Parolees.
The Board shall hold a hearing for
				any parolee who is detained as a result of a warrant or a violation report
				within twenty-one (21) days of the parolee's admission to detention. The Board
				may, in its discretion, terminate the parole or modify the terms and conditions
				thereof.
a.
For a parolee's first
				revocation
, if the Board revokes parole for one or more technical
				violations, the Board shall impose a period of imprisonment to be served in a
				technical violation center operated by the Department not to exceed ninety (90)
				days.9
b.
For the second revocation
,
				the Board shall impose a period of imprisonment to be served in a technical
				violation center not to exceed one hundred twenty (120) days.
c.
For the third revocation
, the
				Board may impose a period of imprisonment to be served in a technical violation
				center for up to one hundred and eighty (180) days or the Board may impose the
				remainder of the suspended portion of the sentence.
d.
For the fourth and any subsequent
				revocation
, the Board may impose up to the remainder of the suspended
				portion of the sentence.
The period of imprisonment in a technical violation center
				  imposed under this section shall not be reduced in any manner.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 202 - Public Records › Chapter 1 - Rulemaking Oral Proceedings › Rule 29-202-1.1 - Model Rules

Current through June 25, 2024
This chapter consists of model rules for oral proceedings held to provide the public an opportunity to comment on submissions made under the Administrative Procedures Act and the Rules in this Title. The Secretary of States Office is required to provide these model rules under Miss. Code Ann. §
									25-43-2.105. Agencies are not required to adopt these model rules.
Miss. Code Ann. §
										25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 202 - Public Records › Chapter 1 - Rulemaking Oral Proceedings › Rule 29-202-1.2 - Application of Chapter

Current through June 25, 2024
This chapter applies to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations or written input on proposed new rules, amendments to rules, and proposed repeal of existing rules before the Mississippi Parole Board pursuant to the Administrative Procedures Act.
Miss. Code Ann. §
										25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 202 - Public Records › Chapter 1 - Rulemaking Oral Proceedings › Rule 29-202-1.3 - Request for Oral Proceeding

Current through June 25, 2024
When a political subdivision, an agency, or a citizen requests an oral proceeding in regards to a proposed rule adoption, the requestor must submit a printed, typewritten, or legibly handwritten request.
A. Each request must be
				submitted on 8-1/2 x 11 white paper.
B. The request may be in the form of a letter
				addressed to the Mississippi Parole Board or in the form of a pleading as if
				filed with a court.
C. Each request
				must include the full name, telephone numbers, and mailing address of the
				requestor(s).
D. All requests will
				be signed by the person filing the request, unless represented by an attorney,
				in which case the attorney may sign the request.
Miss. Code Ann. §
										25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 202 - Public Records › Chapter 1 - Rulemaking Oral Proceedings › Rule 29-202-1.4 - Notice of Oral Proceeding

Current through June 25, 2024
Notice of the date, time, and place of all oral proceedings will be filed with the Secretary of States Office for publication in the Administrative Bulletin. The agency providing the notice will provide notice of oral proceedings to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of the notice with the Secretary of State. The Agency Head, or designee who is familiar with the substance of the proposed rule, will preside at the oral proceeding on a proposed rule.
Miss. Code Ann. §
										25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 202 - Public Records › Chapter 1 - Rulemaking Oral Proceedings › Rule 29-202-1.5 - Public Participation Guidelines

Current through June 25, 2024
Public participation will be permitted at oral proceedings in accordance with the following:
A. At
				an oral proceeding on a proposed rule, persons may make statements and present
				documentary and physical submissions concerning the proposed rule.
B. Persons wishing to make oral presentations
				at such a proceeding will notify the Mississippi Parole Board at least three
				business days prior to the proceeding and indicate the general subject of their
				presentations. The presiding officer in his or her discretion may allow
				individuals to participate that have not contacted the Mississippi Parole Board
				prior to the proceeding.
C. At the
				proceeding, those who participate will indicate their names and addresses,
				identify any persons or organizations they may represent, and provide any other
				information relating to their participation deemed appropriate by the presiding
				officer.
D. The presiding officer
				may place time limitations on individual presentations when necessary to assure
				the orderly and expeditious conduct of the oral proceeding. To encourage joint
				presentations and to avoid repetition, additional time may be provided for
				persons whose presentations represent the views of other individuals as well as
				their own views.
E. Persons making
				presentations are encouraged to avoid restating matters that have already been
				submitted in writing. Written materials may, however, be submitted at the oral
				proceeding.
F. Where time permits
				and to facilitate the exchange of information, the presiding officer may open
				the floor to questions or general discussion. The presiding officer may
				question participants and permit the questioning of participants by other
				participants about any matter relating to that rule-making proceeding,
				including any prior written submissions made by those participants in that
				proceeding. No participant will be required to answer any question.
Miss. Code Ann. §
										25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 202 - Public Records › Chapter 1 - Rulemaking Oral Proceedings › Rule 29-202-1.6 - Submissions and Records

Current through June 25, 2024
Physical and Documentary Submissions presented by participants in an oral proceeding will be submitted to the presiding officer. Such submissions become the property of the Mississippi Parole Board, part of the rulemaking record, and are subject to the Mississippi Parole Board public records request procedure. The Mississippi Parole Board may record oral proceedings by stenographic or electronic means.
Miss. Code Ann. §
										25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 202 - Public Records › Chapter 2 - Declaratory Opinions › Rule 29-202-2.1 - Model Rules

Current through June 25, 2024
This chapter consists of model rules addressing the publics request for declaratory opinions and an agencys disposition of requests for declaratory opinions. The Secretary of States Office is required to provide these model rules under Miss. Code Ann. §
									25-43-2.105. Agencies are not required to adopt these model rules.
Miss. Code Ann. §
										25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 202 - Public Records › Chapter 2 - Declaratory Opinions › Rule 29-202-2.2 - Application of Chapter

Current through June 25, 2024
This chapter sets forth the Mississippi Parole Board rules governing the form, content, and filing of requests for declaratory opinions, the procedural rights of persons in relation to the written requests, and the Mississippi Parole Board procedures regarding the disposition of requests as required by Mississippi Code §
									25-43-2.103.
Miss. Code Ann. §
										25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 202 - Public Records › Chapter 2 - Declaratory Opinions › Rule 29-202-2.3 - Scope of Declaratory Opinions

Current through June 25, 2024
The Mississippi Parole Board will issue declaratory opinions regarding the applicability to specified facts of:
A. a statute administered or enforceable by
				the Mississippi Parole Board,
B. a
				rule promulgated by the Mississippi Parole Board, or
C. an order issued by the Mississippi Parole
				Board.
Miss. Code Ann. §
										25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 202 - Public Records › Chapter 2 - Declaratory Opinions › Rule 29-202-2.5 - How to Submit Requests

Current through June 25, 2024
When a person with substantial interest, as required by Section 25-43-2.103 of the Administrative Procedures Act, requests a declaratory opinion, the requestor must submit a printed, typewritten, or legibly handwritten request.
A. Each request must be submitted on 8-1/2 x
				11 white paper.
B. The request may
				be in the form of a letter addressed to the Mississippi Parole Board or in the
				form of a pleading as if filed with a court.
C. Each request must include the full name,
				telephone numbers, and mailing address of the requestor(s).
D. All requests will be signed by the person
				filing the request, unless represented by an attorney, in which case the
				attorney may sign the request.
E.
				Each request must clearly state that it is a request for a declaratory
				opinion.
Miss. Code Ann. §
										25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 202 - Public Records › Chapter 2 - Declaratory Opinions › Rule 29-202-2.6 - Signature Attestation

Current through June 25, 2024
Any party who signs the request will attest that the request complies with the requirements set forth in these rules, including but not limited to a full, complete, and accurate statement of relevant facts and that there are no related proceedings pending before any agency, administrative, or judicial tribunal.
Miss. Code Ann. §
										25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 202 - Public Records › Chapter 2 - Declaratory Opinions › Rule 29-202-2.7 - Request Content Requirement

Current through June 25, 2024
Each request must contain the following:
A. A clear identification of the statute,
				rule, or order at issue
B. The
				question for the declaratory opinion
C. A clear and concise statement of all facts
				relevant to the question presented
D. The identity of all other known persons
				involved in or impacted by the facts giving rise to the request including their
				relationship to the facts, and their name, mailing address, and telephone
				number
E. A statement sufficient to
				show that the requestor has a substantial interest in the subject matter of the
				request
Miss. Code Ann. §
										25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 202 - Public Records › Chapter 2 - Declaratory Opinions › Rule 29-202-2.8 - Reasons for Refusal of Declaratory Opinion Request

Current through June 25, 2024
The Mississippi Parole Board may, for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to:
A. The matter is outside the primary
				jurisdiction of the Mississippi Parole Board
B. Lack of clarity concerning the question
				presented
C. There is pending or
				anticipated litigation, administrative action or anticipated administrative
				action, or other adjudication which may either answer the question presented by
				the request or otherwise make an answer unnecessary
D. The statute, rule, or order on which a
				declaratory opinion is sought is clear and not in need of interpretation to
				answer the question presented by the request
E. The facts presented in the request are not
				sufficient to answer the question presented
F. The request fails to contain information
				required by these rules or the requestor failed to follow the procedure set
				forth in these rules
G. The request
				seeks to resolve issues which have become moot or are abstract or hypothetical
				such that the requestor is not substantially affected by the rule, statute, or
				order on which a declaratory opinion is sought
H. No controversy exists or is certain to
				arise which raises a question concerning the application of the statute, rule,
				or order
I. The question presented
				by the request concerns the legal validity of a statute, rule, or
				order;
J. The request is not based
				upon facts calculated to aid in the planning of future conduct, but is,
				instead, based on past conduct in an effort to establish the effect of that
				conduct
K. No clear answer is
				determinable;
L. The question
				presented by the request involves the application of a criminal statute or sets
				forth facts which may constitute a crime
M. The answer to the question presented would
				require the disclosure of information which is privileged or otherwise
				protected by law from disclosure
N.
				The question is currently the subject of an Attorney General's opinion
				request
O. The question has been
				answered by an Attorney General's opinion
P. One or more requestors have standing to
				seek an Attorney Generals opinion on the proffered question
Q. A similar request is pending before this
				agency, or any other agency, or a proceeding is pending on the same subject
				matter before any agency, administrative or judicial tribunal, or where such an
				opinion would constitute the unauthorized practice of law;
R. The question involves eligibility for a
				license, permit, certificate or other approval by the Mississippi Parole Board
				or some other agency and there is a statutory or regulatory application process
				by which eligibility for said license, permit, or certificate or other approval
				may be determined.
Miss. Code Ann. §
										25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 202 - Public Records › Chapter 2 - Declaratory Opinions › Rule 29-202-2.9 - Agency Response

Current through June 25, 2024
Within forty-five (45) days after the receipt of a request for a declaratory opinion which complies with the requirements of these rules, the Mississippi Parole Board will, in writing:
A. Issue an opinion declaring the
				applicability of the statute, rule, or order to the specified
				circumstances
B. Agree to issue a
				declaratory opinion by a specified time but no later than ninety (90) days
				after receipt of the written request
C. Decline to issue a declaratory opinion,
				stating the reasons for its action.
The forty-five (45) day period will begin on the first
				  business day after which the request is received by the Mississippi Parole
				  Board.
Miss. Code Ann. §
										25-43-2.105.
Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 202 - Public Records › Chapter 2 - Declaratory Opinions › Rule 29-202-2.10 - Availability of Declaratory Opinions and Requests for Opinions

Current through June 25, 2024
Declaratory opinions and requests for declaratory opinions will be available for public inspection and copying at the expense of the viewer during normal business hours. All declaratory opinions and requests will be indexed by name, subject, and date of issue. Declaratory opinions and requests which contain information which is confidential or exempt from disclosure under the Mississippi Public Records Act or other laws will be exempt from this requirement and will remain confidential.
Miss. Code Ann. §
										25-43-2.105.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1 - Mississippi State Board of Public Accountancy Rules and Regulations Appendix; Schedule of Fees › Chapter 1 - Restrictions on Use of the Title Certified Public Accountant › Rule 30-1-1.1 - Restrictions

Current through June 25, 2024
Rule 1.2.2 The issuance by non-licensees of a report or
				  communication to management referencing AICPA (SSARS) Standards for
				  compilations of financial statements is deemed to be a violation of the
				  act.
Safe harbor language which may be used by non-licensees for
				  such reports is as follows: "I (we) have prepared the accompanying (financial
				  statements) of (name of entity) as of (time period) for the (period) then
				  ended. This presentation is limited to preparing in the form of financial
				  statements information that is the representation of management (owners). I
				  (we) do not express any opinion with respect to these financial
				  statements."
Mississippi Code 73-33-15 (1) (a) prohibits a non-licensee
				  from issuing an audit or review report; accordingly, there is no non-licensee
				  safe harbor language for such reports.
Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 1 - Mississippi State Board of Public Accountancy Rules and Regulations Appendix; Schedule of Fees › Chapter 1 - Restrictions on Use of the Title Certified Public Accountant › Rule 30-1-1.2 - Violations

Current through June 25, 2024
Rule 1.2.1. The use of certain titles or abbreviations by
				  persons not licensed by the Board will be deemed violations of the Act. Such
				  titles include "certified accountant", "chartered accountant", "enrolled
				  accountant", "licensed accountant", "registered accountant", "accredited
				  accountant", or any other title or designation likely to be confused with the
				  title "certified public accountant". Abbreviations include "CA", "LA", "RA",
				  "AA", or similar abbreviation likely to be confused with the abbreviation
				  "CPA".
The term "certified" or similar terms before the words "tax
				  consultant", "accountant", or similar titles likely to give the public the
				  impression that the person is licensed by the Board.