reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 6 - Expungement › Rule 31-2-6.6 - Incomplete/Improper Orders of Expunction

Current through June 25, 2024
1. If an expunction
				request is incomplete, it is returned to the submitting entity with a
				Resolution Form indicating the reasons it cannot be processed. A sample
				Resolution Form is included in Section 6.0.1.
2. If an expunction order is incomplete, the
				order and a letter of explanation will be sent to the prosecutor of the
				appropriate jurisdiction. Copies also will be forwarded to the judge, court
				clerk, and defense attorney, if known.
Miss. Code Ann.
				  §§
										45-1-3,
				  45-27-57, and
				  45-27-9
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 7 - Pretrial Intervention Policy › Rule 31-2-7.1 - Pretrial Intervention Program Policy

Current through June 25, 2024
1. Each District
				Attorney, with the consent of a circuit court judge of his or her district, has
				prosecutorial discretion to establish a pretrial intervention program in the
				circuit court district. The pretrial intervention program will be under the
				direct supervision and control of the district attorney and an offender must
				make application to an intervention program within the time prescribed by the
				district attorney.
2. A person
				shall not be considered for pretrial intervention if he or she has previously
				been accepted into an intervention program NOR shall intervention be considered
				for those individuals charged with any crime of violence including, but not
				limited to, murder, aggravated assault, rape, armed robbery, manslaughter or
				burglary of a dwelling house or any other crime as set forth in
Miss.
				Code Ann.
§
									99-15-107.
				It is the responsibility of the district attorney to determine if the
				individual has any prior felony charges. Upon successful completion of
				court-imposed conditions, the district attorney, with the approval of the
				circuit court judge, may make a non-criminal disposition of the pending charge
				against the offender. If the court- ordered conditions are not met, the court
				can impose a sentence for the guilty plea.
3. The Special Processing Unit maintains a
				statewide database of all pretrial intervention reports and responds to all
				requests for pretrial intervention information from the district attorneys'
				offices as specified in
Miss. Code Ann.
§
									99-15-119.
Miss. Code Ann.
				  §§
										45-1-3
				  and
				  99-15-101,
				  et seq.
Statutory Authority:
				  Miss. Code Ann. §
										99-15-101,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 7 - Pretrial Intervention Policy › Rule 31-2-7.2 - Procedure

Current through June 25, 2024
1. A District Attorney, or designated staff,
				must submit a letter to the CIC informing CIC that the person is being
				considered for the pretrial intervention program. The letter must be submitted
				on the letterhead of the District Attorney and include the following
				information:
a. Name
b. Date of birth
c. County
d. Race
e. Place of birth
f. Sex
g. Social Security Number
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 7 - Pretrial Intervention Policy › Rule 31-2-7.3 - Processing an Individual's Status

Current through June 25, 2024
The district attorney's office transmits a letter to the
				  Center indicating whether successful completion of the program was
				  accomplished. Upon receipt of this information, the Records Technician records
				  the status in the system.
Miss. Code Ann.
				  §§
										45-1-3
				  and
				  99-15-101,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 7 - Pretrial Intervention Policy › Rule 31-2-7.4 - Processing District Attorney Inquiries

Current through June 25, 2024
All inquiries made by district attorneys' offices into the
				  program database are recorded in the system. Information in this database will
				  only be released by the Center to a district attorney's office upon inquiry as
				  to whether a person previously has been accepted into an intervention program.
				  This record includes the district attorney's office, the name of the staff
				  person in the district attorney's office, and the name and date of the inquiry.
				  Supporting documentation (letters, etc.) are placed in designated
				  files.
Miss. Code Ann.
				  §§
										45-1-3
				  and
				  99-15-101,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 8 - Record Request Policy › Rule 31-2-8.1 - Record Requests Policy

Current through June 25, 2024
The Center will make a person's criminal record available for
				  inspection by him or his attorney upon written request. A letter of request
				  must be submitted to the Center at the following address:
Mississippi Criminal Information Center
Special Processing Unit
P. O. Box 958
Jackson, MS 39205
Miss. Code Ann.
				  §§
										45-1-3
				  and
				  45-27-11
Statutory Authority:
				  Miss. Code Ann. §
										45-27-11.
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 8 - Record Request Policy › Rule 31-2-8.2 - Procedure

Current through June 25, 2024
1. The Center will provide a Release form to
				the individual which must be signed prior to the check being performed. This
				release form authorizes the Center to conduct the record check and waives any
				and all claims of liability against the Center and the Department of Public
				Safety concerning the inquiry and release of any and all criminal records
				information associated with the inquiry. A copy of the Release form is provided
				in Section 8.0.1.
2. The individual
				will be fingerprinted by a fingerprint examiner from the AFIS Division or other
				certified law enforcement personnel. The fingerprint image will be captured by
				rolling the prints on a fingerprint card or by a live-scan machine.
				Fingerprinting is required to ensure the record's security, to verify the
				identities of those who seek to inspect them, and to maintain an orderly and
				efficient mechanism for such access.
3. The fingerprint image will be checked
				against the state database and submitted to the Federal Bureau of Investigation
				for a review of the federal records database. When the results of the
				fingerprint checks are received, the Special Processing staff will contact the
				individual or his/her attorney to schedule a time for inspection of the record,
				if such record exists. This record will be made available only to the
				requesting individual or his/her attorney and will not be made available to a
				third party by the Center. All inquiries concerning federal records will be
				directed to the Federal Bureau of Investigation.
4. The Center may prescribe reasonable hours
				of inspection and may impose additional procedures, fees or restrictions as
				necessary.
Miss. Code Ann.
				  §§
										45-1-3
				  and
				  45-27-11
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 8 - Record Request Policy › Rule 31-2-8.3 - Contesting the Accuracy of a Record

Current through June 25, 2024
1. If an individual
				contests the accuracy of a record, the Center shall make a copy of the
				contested record available to the person or his attorney upon written request.
				The request must specify the portion of the record contested and indicate the
				reason for the contest of accuracy.
2. If the individual believes the record is
				incomplete or inaccurate, he or she may request the original agency having
				custody or control of the records to purge, modify or supplement them and to so
				notify the Center of such changes. The original agency is responsible for the
				authentication and correction of such data. The Center is not the source of the
				data appearing on identification records and only obtains the data thereon from
				the fingerprint cards or related identification forms submitted to the Center
				by other law enforcement agencies. Arrest records existing prior to the
				creation of the Center in March 1998 may only exist at the FBI.
3. If the original agency declines to act or
				if the individual believes the agency's decision is otherwise unsatisfactory,
				the individual or his attorney may, within thirty (30) days of the decision,
				enter an appeal to the county or circuit court of the county of his residence
				or to the appropriate court in the county where the agency is
				located.
Miss. Code Ann.
				  §§
										45-1-3
				  and
				  45-27-11
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 9 - Record Check Policy › Rule 31-2-9.1 - Applicant Record Checks Policy

Current through June 25, 2024
The Center currently processes a number of background checks
				  by name and/or fingerprints. Included below is a brief description of each
				  check. A fee schedule, provided in Section 9.0.1, summarizes the statutory
				  authority, type and cost of check, and contact person.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 9 - Record Check Policy › Rule 31-2-9.3 - State Name Checks

Current through June 25, 2024
1. In order to
				process a name check with this Center, authorized agencies must make a written
				request which includes the following information:
a. applicant's name;
b. applicant's social security
				number;
c. applicant's date of
				birth; and
d. position for which
				application was received.
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 9 - Record Check Policy › Rule 31-2-9.5 - Procedure

Current through June 25, 2024
1. Applicant fingerprint checks may be
				submitted to the CIC in person, electronically, or by mail. If an individual
				appears at the Center to request an applicant record check, the receptionist
				will contact the appropriate records technician in the Special Processing Unit.
				The Technician will require the requestor to provide a signed Release form from
				the individual whose record is to be checked and the individual's fingerprint
				card. The Technician will inform the requestor that the record check will be
				processed within three (3) to six (6) weeks. A sample applicant fingerprint
				card is in Section 9.0.2.
2. All
				written requests from authorized agencies (listed in the charts depicted
				throughout this section) must be submitted in writing on the agencies'
				letterhead. The fingerprint card for the individual whose record is to be
				checked must be included in the request. Response time will generally be three
				(3) to six (6) weeks for mailed requests.
3. Electronically submitted fingerprint cards
				are generally processed within twenty-four (24) to thirty-six (36) hours unless
				the record is identified with a manual record at the FBI or matches a record
				submitted by an NFF (National Fingerprint File) maintained by a state. In those
				cases, a delayed turnaround time should be expected.
4. The Technician reviews the card to ensure
				the fingerprints are legible and all required information is provided. If not,
				a Resolution Form is completed and returned to the requestor. A sample
				Resolution Form is provided in Section 9.0.3.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 9 - Record Check Policy › Rule 31-2-9.6 - No Record Found

Current through June 25, 2024
1. If the record
				search for a fingerprint check determines that a record does not exist for the
				individual, the rap sheet will indicate that there is "No Record".
2. If a records check by name indicates that
				a record does not exist on the individual, the original request should be
				stamped to read as follows:
No record located
Mississippi Name Check Only
Since neither a fingerprint or other identification on this
				  individual was supplied to the Center, we cannot guarantee in any manner this
				  response concerns the person in which you are interested.
Furnished to:
Agency:
Date: By:
Mississippi Justice Information Center
3. The Technician will sign his or her name
				on the line entitled "By". The results of the record check will be handled in
				accordance with the various requirements of the statutes as noted in the
				individual agency information stated above.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 9 - Record Check Policy › Rule 31-2-9.7 - Applicant Appeals Policy

Current through June 25, 2024
1. The CIC is
				required to render a determination regarding the suitability of an applicant
				for a position for certain providers of care to children, the elderly and/or
				individuals with disabilities (refer to the statute stated below). This law
				allows any provider of care for children, elderly and or individuals with
				disabilities to undergo a fingerprint based criminal record check to determine
				if the provider has been convicted of a crime that bears upon the provider's
				fitness to have responsibility for the safety and well-being of these groups of
				persons. This law is very broad and encompasses a wide range of organizations
				and institutions.
2. The
				determination to be made by CIC is whether or not the applicant has been
				convicted or is under pending indictment of a crime that bears upon the
				provider's fitness to have responsibility for the safety and well being of the
				groups of persons described in the first paragraph above.
3. The provider, who is the subject of the
				check, will receive a copy of the report and may challenge its accuracy and
				obtain a determination prior to a final determination being made.
Miss. Code Ann. §
										45-1-3
Statutory Authority: 42
				  U.S.C. § 5119a
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 9 - Record Check Policy › Rule 31-2-9.8 - Procedure

Current through June 25, 2024
1. The aggrieved applicant may appeal the
				determination to the Commissioner of Public Safety, or his authorized agent,
				within thirty (30) days after the aggrieved party receives written notice of
				the determination. The Commission of Public Safety or his agency, shall rule
				upon the appeal within thirty (30) days after the appeal is filed and failure
				to rule within this thirty-day period shall constitute sustaining the
				determination. The review will be conducted pursuant to such reasonable rules
				and regulations as the Commissioner of Public Safety may adopt.
2. If the determination is sustained by the
				Commissioner of Public Safety, or his authorized agent, the aggrieved party may
				file within ten (10) days after the rendition of the decision a petition in the
				circuit or county court of his residence for review of the decision. A hearing
				for review shall be held and proceed before the court without a jury upon the
				record made at the hearing before the Commissioner of Public Safety or his duly
				authorized agent.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 10 - Felon Registration › Rule 31-2-10.1 - Convicted Felon Registration Policy

Current through June 25, 2024
1. Registration
				applies to any person who has been since January 1, 1960 or is hereafter
				convicted in
any other state
of any offense which, if
				committed or attempted in this state, would be punishable as a felony. Within
				thirty (30) days of establishing residence or temporary domicile in this state,
				the individual must register with the chief of police of the city in which he
				resides or the sheriff of the county if he resides in an unincorporated area.
a. Mandatory Registration Information
The following information must be obtained from the
				  registrant:
i. Statement in writing
				signed by the person providing the following required information (statement
				forms may be provided by the local law enforcement entity):
a. Name
b. Address
c. Telephone Number
d. Marital Status
e. Date of Birth
f. Race
g. Sex
h. Social Security Number
i. Description of crime with date, location
				and sentence
j. Reason for
				relocation to state
ii. Fingerprints
iii. Photograph.
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 10 - Felon Registration › Rule 31-2-10.2 - Registration Procedure

Current through June 25, 2024
All incoming mail for the registration of convicted felons is
				  opened and date stamped at the front desk. It is then forwarded to the Special
				  Processing Unit where the documents are reviewed for proper completion. The
				  Records Technician establishes a registration file for the individual which
				  contains all pertinent documents.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 10 - Felon Registration › Rule 31-2-10.3 - Change of Address

Current through June 25, 2024
Any change of address must be reported to the law enforcement
				  entity with which registration was made within ten (10) days. The law
				  enforcement entity is then required to submit the new address information to
				  the MDPS within three (3) days of receipt. The MDPS will forward the
				  appropriate registration information to the law enforcement agency having local
				  jurisdiction of the new place of residence.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 10 - Felon Registration › Rule 31-2-10.4 - Violation of Registration

Current through June 25, 2024
1. If an offender
				required to register under the provisions of
Miss. Code Ann.
§
									97-35-27
				violates any of the provisions of the law, he/she is guilty of a misdemeanor
				and shall be punished by imprisonment in the county jail not exceeding three
				(3) months or a fine not exceeding $100.00, or both.
2. The information, photographs, and
				fingerprints required in this section will not be open to inspection by the
				public or by any person other than a law enforcement officer unless otherwise
				provided by law.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 11 - Court Order and Subpoena Policy › Rule 31-2-11.1 - Court Order and Subpoenas Policy

Current through June 25, 2024
Dissemination of FBI and CIC records to a third party is
				  prohibited by the Privacy Act of 1974 ( 5 U.S.C. § 552a ) and
Miss. Code Ann.
§
									45-27-1,
et seq
. This prohibition is subject to certain exceptions
				  including the release of such records when the release is made "pursuant to an
				  order of a court of competent jurisdiction" (5
U.S.C
. §
				  552a (b) (11)). This exception has been interpreted to require the issuance of
				  a subpoena or order by a judge.
Miss. Code Ann.
				  §§
										45-1-3
				  and
				  45-27-1,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 11 - Court Order and Subpoena Policy › Rule 31-2-11.2 - Procedure

Current through June 25, 2024
1. A subpoena or court order authorizing
				release of such information should be forwarded to the CIC with accompanying
				information pertinent to the subject of the subpoena or order. The information
				should include:
a. the complete name and birth
				date of the individual
b. the
				complete name and address of the court ordering the subpoena, and
c. an ORI for that court.
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.1 - Overview of the Mississippi Sex Offender Registry

Current through June 25, 2024
The Mississippi Department of Public Safety maintains a
				  central registry known requirements of the Jacob Wetterling Crimes Against
				  Children and Sexually Violent Offender Registration Act and the Mississippi Sex
				  Offender Registration Law (
Miss. Code Ann.
§
									45-33-21,
et seq
.). The Registry maintains information on sex offenders
				  that are required to register in the state of Mississippi pursuant to this
				  law.
Miss. Code Ann.
				  §§
										45-1-3
				  and
				  45-33-21,
				  et seq.
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.2 - Covered Sex Offenses

Current through June 25, 2024
1. Under
				Mississippi law, the central registry covers offenders who have committed one
				of the following sexual offenses:
a.
Miss. Code Ann.
§
										97-3-53
				Kidnapping, if the victim was below the age of eighteen
b.
Miss. Code Ann.
§
										97-3-65
				Statutory rape (under age 16)
c.
Miss. Code Ann.
§
										97-3-71
				Rape and assault with intent to ravish
d.
Miss. Code Ann.
§
										97-3-95
				Sexual battery
e.
Miss.
				Code Ann.
§
										97-5-5
				Enticing a child for concealment, prostitution or marriage
f.
Miss. Code Ann.
§
										97-5-23
				Touching of a child, or a mentally defective, incapacitated or physically
				helpless person for lustful purposes
g.
Miss. Code Ann.
§
										97-5-27
				Dissemination of sexually oriented material to children; computer luring of
				minor to engage in sexual conduct
h.
Miss. Code Ann.
§
										97-5-33
				Exploitation of child
i.
Miss. Code Ann.
§
										97-5-41
				Carnal knowledge of stepchild, adopted child or child of a cohabiting
				partner
j.
Miss. Code
				Ann.
§
										97-29-59
				Unnatural intercourse
k.
Miss. Code Ann.
§
										97-29-3
				Adultery or fornication between teacher and pupil
l.
Miss. Code Ann.
§
										97-1-7
				Attempt to commit any of the above-referenced offenses
m. Any offense committed in another
				jurisdiction, which would be considered one of the above in MS
n. Any offense committed in another
				jurisdiction for which registration is required in that jurisdiction
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.3 - Persons Required to Register

Current through June 25, 2024
1. Any person
				convicted, twice adjudicated delinquent or acquitted by reason of insanity for
				one of the offenses listed in the
Miss. Code Ann.
§
									45-33-23
				is required to register with the MSOR. The conviction can occur in any state
				court, federal court, military court or Indian tribunal. Registration is ONLY
				required for the offenses that are registerable as specified in the
				statute.
2. This includes the
				following:
a. Juveniles who are tried as
				adults and convicted
b. Juveniles
				who are twice adjudicated delinquent in youth court
c. Federal or military offenders who reside
				in the state and who are convicted of federal offenses or sentenced by court
				martial for a criminal offense against a minor or for a sexually violent
				offense
d. Nonresidents or
				temporary residents who abide, lodge, or reside for a period of 14 or more days
				in the aggregate during any calendar year whose permanent address is not in
				Mississippi
e. Nonresidents or
				temporary residents who abide, lodge, or reside for a period of 4 or more
				consecutive or nonconsecutive days in a month whose permanent address is not in
				Mississippi
f. Nonresidents or
				temporary residents who are employed, practice a vocation or are enrolled as a
				student for any period of time, whether full-time or part-time, with or without
				compensation, in the state of Mississippi.
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.4 - Initial Sex Offender Registration Policy

Current through June 25, 2024
1. Pursuant to
Miss Code Ann.
§
									45-33-25
,
any person required to register as sex offender in Mississippi shall submit the
				following information at the time of registration:
a. Name, including a former name which has
				been legally changed
b. Street
				address
c. Place of
				employment
d. Crime for which
				convicted
e. Date and place of
				conviction, adjudication or acquittal by reason of insanity
f. Aliases used
g. Social Security Number
h. Date and place of birth
i. Age, race, sex, height, weight and hair
				and eye colors
j. Description of
				the offense for which registration is required
k. Identifying factors such as scars, marks
				or tattoos
l. Anticipated future
				residence
m. Offense
				history
n. Fingerprints
o. Photograph
p. Documentation of any treatment received
				for any mental abnormality or personality disorder of the person
q. A biological sample
r. Name of any institution of higher learning
				at which the offender is
s.
				Employed, carries on a vocation (with or without compensation) or is enrolled
				as a student
t. Any other
				information deemed necessary.
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.5 - Registration Forms

Current through June 25, 2024
1. The registration
				information is obtained by the responsible agencies (listed below) and is
				submitted on forms provided by the MSOR along with other specified documents:
a. Convicted Sex Offender Registration
				Form
b. Acknowledgment of Convicted
				Sex Offender Duty to Register Form
c. Fingerprint card
d. Photograph
e. Biological sample (submitted to the
				Mississippi Crime Lab)
f. Order of
				conviction or sentencing, if available
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.6 - Responsible Agencies

Current through June 25, 2024
1. The person or
				governmental entity charged with collecting this information is considered the
				"Responsible Agency". Depending on the offender's sentence, the responsible
				agency will be one of the following agencies and will register the offender
				according to the time frame specified for each in the law:
2. Sheriffs' Offices. The sheriff is
				responsible for registering the following categories of convicted sex
				offenders:
a. Offenders who are not
				incarcerated, detained, nor committed at the time the requirement to register
				shall attach.
b. Offenders being
				released from incarceration in a county jail.
c. Offenders moving to Mississippi from
				another state (the offender must notify DPS ten (10) days prior to moving to
				MS).
d. Offenders who are required
				to register on the basis of a sex offense for which a conviction, adjudication
				of delinquency or acquittal by reason of insanity was entered prior to July 1,
				1995.
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.7 - Responsible Agency/Offender Registration Duties

Current through June 25, 2024
1. The
				responsible agency is required to explain the offender's registration duties
				and to complete the required registration forms with the offender. Both the
				offender and the contact person registering the offender are required to sign
				and date the forms. The responsible agency instructs the offender to report to
				any driver's license station in the state to complete registration (with a copy
				of his
Registration Form
) within 10 days. The responsible
				agency is required to submit all registration forms to the MSOR within ten (10)
				days.
2. At the driver's license
				station, the offender is required to submit his copy of the Registration Form,
				pay a $5.00 fee, be photographed, and be issued a sex offender registration
				card. The sex offender card has the offender's first re-registration date on
				it.
Miss. Code Ann. §
										45-1-3
Statutory Authority:
				  Miss. Code Ann. §
										45-33-27
				  and
				  45-33-57.
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.8 - MSOR Internal Registration Procedure

Current through June 25, 2024
1. All incoming
				mail for the MSOR is received and date stamped, and forwarded to the MSOR
				Office. Registration information is received from the sheriffs' office, the MS
				Department of Corrections, other registering agencies and from the driver's
				license stations. Upon receipt, the information is reviewed for accuracy and
				completeness. As stated above, the following required documents must be
				submitted:
a. Convicted Sex Offender
				Registration Form
b. Acknowledgment
				of Convicted Sex Offenders Duty to Register Form
c. Photograph
d. Fingerprint card
e. DNA/Crime Lab report (from MDOC
				only)
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.9 - Offenders Released from Federal Prison

Current through June 25, 2024
If the individual has recently been released from a federal
				  prison, the MSOR receives a notification from that entity that the offender is
				  moving to Mississippi. The MSOR notifies the sheriff of the proposed county of
				  residence of the offender's intent to relocate to that county and also sends a
				  letter to the offender informing him of the requirements to register. The
				  sheriff is responsible for registering the offender according to the procedures
				  in this section.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.10 - Offender Relocating to Mississippi from Another State

Current through June 25, 2024
1.
				The law requires an offender to notify the MDPS ten (10) days prior to residing
				or returning to the state and to register with the department within 10 days of
				residing or returning to the state. The offender must first register with the
				sheriff of the county in which he resides and then report to a driver's license
				station to complete registration within 10 days of residing or returning to
				Mississippi.
Statutory Reference: Miss. Code Ann.
§
										45-33-27(5).
2. The MSOR generally receives a
				letter of notification from another state when a sex offender registered in
				that state relocates to Mississippi. The letter of notification provides
				information such as name, proposed address, conviction information and other
				data (varies from state to state). Upon receipt of this information, the staff
				collects additional pertinent criminal history as described above and checks
				that state's sex offender website, printing the data for that offender for the
				file.
3. The staff sends a
				standardized letter to the sheriff of the county in which the offender stated
				he would reside along with a copy of the other state's notification. The
				sheriff is responsible for registering the offender according to the
				registration procedure noted above.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.11 - Notification to Sheriffs/Other State Sex Offender Registries

Current through June 25, 2024
When a new offender registers with Mississippi and is entered
				  on the state's Registry, the MSOR sends a written notification to the sheriff
				  of the county in which the offender resides. If the offender has relocated from
				  another state, the MSOR also sends a notification to that state. A copy is also
				  placed in the offender's file.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.12 - Offender Re-Registration and Verification Policy

Current through June 25, 2024
1.
				All registered offenders are required to report in person at any driver's
				license station in the state to reregister every ninety (90) days.
				Re-registration requires the offender to submit current information to the MSOR
				and to verify existing registration information including the name, street
				address and telephone number of the registrant; name and address of employment;
				status of employment or vocation at any school; and any other information
				subject to verification. Failure by an offender to respond is a felony and is
				punishable by a fine of not more than $5000 or imprisonment in the State
				Penitentiary for not more than five (5) years, or both, and suspension of
				driving privileges.
2. The
				offender's 90-day re-registration date is shown on the face of his sex offender
				card. It is the responsibility of the offender to report every 90
				days.
Miss. Code Ann. §
										45-1-3
Statutory Authority:
				  Miss. Code Ann. §
										45-33-31 and
				  45-33-33.
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.13 - Procedure

Current through June 25, 2024
1. The offender reports to any driver's
				license station within 10 days of the re-registration date shown on the sex
				offender card. At the driver's license station, the offender completes the
Mandatory Re-registration and Verification Form,
noting any
				changes in his registration information, and then signs and dates it. The
				Examiner updates any changes in the offender's information in the system and
				takes a current photograph of the offender. The offender pays a $5.00 fee and
				is issued a new sex offender card with the next 90-day re-registration date on
				it.
2. Each night, the driver's
				license system downloads the information to the MSOR database and website, and
				generates a daily log of address changes and/or school status changes and sends
				it to the Registry for processing. The staff prints out a notification to mail
				to the sheriffs of the counties and/or states affected by the changes. If an
				offender changes his status at a school, the staff generates a letter of
				notification to the campus security or administration of the school.
3. All changes to the offenders' records are
				also entered in the National Sex Offender Registry, for those offenders having
				an FBI number.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.14 - Change of Address/School Status Policy

Current through June 25, 2024
An offender is required to report any change of address by
				  personally appearing at any driver's license station in the state no less than
				  ten (10) days before he intends to first reside at the new address.
				  Additionally, if there is any change in the status of a registrant's employment
				  or vocation at any school in Mississippi, the offender shall report to MDPS by
				  personally appearing at any driver's license station in the state within ten
				  (10) days of the change.
Miss. Code Ann. §
										45-1-3
Statutory Reference:
				  Miss. Code Ann. §
										45-33-29(1).
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.15 - Procedure

Current through June 25, 2024
1. At the driver's license station, the
				offender completes the
Mandatory Re-registration and Verification
				Form
, notes any changes in information on the form, and then signs and
				dates it. The driver's license station examiner updates the offender's
				information in the system and takes a current photograph of the offender. The
				offender pays a fee of $5.00 and is issued an updated sex offender card with
				his next 90-day re-registration date on it.
2. Each night, the information downloads the
				changed information to the Registry and to the website. The system generates a
				daily log of the address/school status changes that is sent to the Registry for
				processing. The staff prints out a notification to the sheriffs of the counties
				affected by the changes or to the states affected by the changes. If an
				offender changes his status at a school, the staff generates a letter of
				notification to the campus security or administration of the school.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.16 - Offender Relocation to Another State

Current through June 25, 2024
1. When an offender
				moves out of state, the MSOR sends a written notification to the state that the
				offender is relocating there. The offender remains on the MSOR as an active
				registrant until Mississippi receives written notification that he has
				registered with the Sex Offender Registry in the new state or, if he is not
				required to register in the new state, he has contacted that state's Registry
				regarding its registration requirements.
2. Upon receipt of written notification that
				the offender has relocated and registered in another state, the offender's
				record is flagged inactive. The inactive status stops the system from tracking
				the offender's required 90-day re-registration dates. The offender remains
				published on the state's website.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.17 - Removal From Registration Policy

Current through June 25, 2024
1. In order for an
				offender's name to be removed from the Registry, one of the following
				conditions must be met:
a. In the event of an
				offender's death, a certified copy of the death certificate from the
				Mississippi Department of Health shall be transmitted to the MSOR.
b. In the event an offender's conviction is
				reversed, vacated or otherwise set aside in any post-conviction proceeding or
				the charge is dismissed, a letter requesting removal of the offender's name
				from the Registry along with a certified copy of the court order or pardon
				shall be transmitted to the Legal Counsel of the MSOR.
c. In the event an offender receives a pardon
				for a sex offense-related conviction, a certified copy of the pardon shall be
				forwarded to the Legal Counsel of the MSOR.
d. In the event an offender petitions the
				court after the legally required registration period and receives relief from
				the duty to register for more information on relief from registration), a
				certified copy of the order shall be transmitted to the Legal Counsel of the
				MSOR; or e. In the event an offender believes he was placed on the Registry for
				an offense which does not require registration, the offender may submit a
				written request to the MSOR for review of the matter. The Legal Counsel will
				review the request and may require the individual to submit supporting legal
				documentation. After completing a review of the matter, the Legal Counsel for
				the MSOR will notify the individual in writing of the outcome of his
				request.
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.18 - Procedure

Current through June 25, 2024
In each condition specified above, the documentation
				  submitted to the Registry will be forwarded to the Legal Counsel for review and
				  for a determination that the documentation meets the requirements of the MSOR
				  law and policy. Any additional information or communication that is required
				  between the Registry and the offender will be handled by the Legal Counsel. If
				  any determination or outcome of the review process is required, it will be
				  communicated to the offender in writing by the Legal Counsel.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.19 - Noncompliant Offenders Policy

Current through June 25, 2024
1. Pursuant to
Miss. Code Ann.
§
									45-33-33,
				any offender who fails to personally appear at a driver's license station or
				fails to provide any registration information including but not limited to
				initial registration, re-registration or change of address information, or
				required notification to a volunteer organization is in violation of the MS Sex
				Offender Registration Law. Also, any offender who forges information or submits
				information under false pretenses is in violation of the law.
2. A violation of this chapter is a felony
				and shall be punishable by a fine not more than $5,000 or imprisonment in the
				State Penitentiary for not more than five years, or both fine and imprisonment.
				The offender's driving privilege in the State of Mississippi is also suspended
				for noncompliance.
3. Whenever it
				appears that an offender has failed to comply with the duty to register or
				reregister, the MSOR will notify the sheriff of the county of the last known
				residence of the offender in writing. The MSOR also sends a letter to the
				offender notifying him of the suspension of his driving privilege.
4. Upon receipt of notification from the
				MSOR, the sheriff shall attempt to locate the offender at his last known
				address. If the sheriff locates the offender, he shall enforce the provisions
				of this chapter and notify the MSOR with the current information about the
				offender. The sheriff has two options:
a. For
				a first time offender, the sheriff has the option of reregistering the offender
				or initiating criminal prosecution for failure to register or
				reregister.
b. For a subsequent
				offense, the sheriff shall arrest the offender and initiate criminal
				prosecution against the offender for failure to register or reregister and
				enter the offender in the FBI's wanted persons database (NCIC).
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.20 - Procedure

Current through June 25, 2024
1. The driver's license system identifies and
				flags offenders who fail to fulfill their 90-day reregistration requirement on
				a daily basis based on the offenders' required re-registration dates. The
				offender is given ten days following the 90-day re-registration date to
				reregister without penalty.
2. If
				an offender registers with the sheriff, MDOC, or other responsible agency but
				fails to report to a driver's license station to complete his initial
				registration, the MSOR staff will enter his record in the Registry database and
				flag him noncompliant.
3. If an
				offender relocates to Mississippi and fails to register OR has a past sex
				offense conviction and has never registered, upon receipt of information that
				the offender is residing in Mississippi, the MSOR will generate a letter to the
				offender informing him of his duty to register and the registration
				requirements. A copy of the letter is also sent to the sheriff of the county in
				which the offender reportedly resides. If the offender still fails to report to
				the sheriff to register, the MSOR staff will enter his record in the Registry
				database and flag him noncompliant.
4. At the time an offender is identified as
				noncompliant, the MSOR generates a written notice to the offender of his
				noncompliant status and the suspension of his driving privilege, and also
				generates the noncompliant letter to the sheriff. The MSOR staff enters the
				noncompliant offender in the National Sex Offender Registry (NCIC) as an
				"absconder."
5. If the offender
				reports to a driver's license station after issuance of the noncompliance and
				suspension letters, the driver's license examiner will instruct the offender to
				report to the sheriff of the county in which he resides to resolve his
				noncompliant status. If the sheriff reregisters the offender and restores his
				compliant status, the offender must then report to any driver's license station
				in the state, with a copy of his newly completed
Registration
				Form,
pay the $5.00 fee, be photographed, and issued a new sex
				offender card with his next 90-day re-registration date on it. The offender is
				not required to pay the $25.00 reinstatement fee for his driving privilege at
				that time.
6. When the offender
				becomes compliant, the MSOR staff will remove the "absconder" status from his
				National Sex Offender Registry record.
7. Copies of the noncompliant letter to the
				sheriff and the notice of sex offender noncompliance/suspension of driving
				privileges are included as listed herein.
Miss. Code Ann. §
										45-1-3
Mississippi Administrative Code › Title 31 - Public Safety › Part 2 - CRIMINAL INFORMATION CENTER ADMINISTRATIVE CODE › Chapter 12 - Sex Offender Registry › Rule 31-2-12.21 - Disclosure of Volunteer at Organization with Minors Policy

Current through June 25, 2024
1.
				Any person who is convicted of a sex offense who volunteers for an organization
				in which volunteers have direct, private and unsupervised contact with minors
				shall notify the organization in writing of the person's conviction at the time
				of volunteering. Any organization which accepts volunteers is required to
				notify volunteers of this disclosure requirement upon application of the
				volunteer to serve or prior to acceptance of the volunteer's service, whichever
				occurs first.
2. If the
				organization accepts the offender as a volunteer after receiving notification
				the organization is required to notify the parents or guardians of any minors
				involved in the organization of the offender's criminal record.
3. If an offender is currently volunteering
				for such an organization, the offender must immediately resign or notify the
				organization immediately upon receipt of notice or be subject to the penalties
				of the MS sex offender law.
4.
				Failure to provide required notification to a volunteer organization is a
				violation of the law. Any violation of this law is a felony and shall be
				punishable by a fine of not more than $5,000 or imprisonment in the State
				Penitentiary for not more than five years, or both fine and imprisonment. The
				offender's driving privilege in the State of Mississippi is also suspended for
				noncompliance.
Miss. Code Ann. §
										45-1-3
Statutory Reference:
				  Miss. Code Ann. §
										45-33-32.