Improper Implementation: House Bill 585’S Missed Opportunity for Fundamental Fairness and Open Door for Litigation

Abstract

The State of Mississippi recently passed reforms to the prison and probation system in an attempt to decrease the prison population. These reforms, while a step in the right direction, potentially violate the civil rights of every probationer under the control of the Mississippi Department of Corrections. The new system calls for classifying probationers based on risk levels and then sanctioning probationers based on the classification. These sanctions can lead to one hundred and eighty days in a technical violation center. To further the problem, many probation officers were not properly trained in how to classify the probationers. If the initial classification is wrong, the probationer would have a civil rights case under 42 U.S.C. § 1983 against the probation officer and the State of Mississippi.

In order for Mississippi to prevent violations of civil rights House Bill 585 the bill should be overhauled to include safeguards. These safeguards include proper training of probation officers and random audits of classifications. Additionally, for the bill to achieve its true purpose of reducing the prison population, the bill should be applied retroactively to probationers currently serving time for revoked probation. Finally, some of the money that is saved by reducing the prison population should be reinvested in the probation system. This would allow the Mississippi Department of Corrections to hire more, and better qualified probation officers. By implementing the changes in a new version of House Bill 585, the bill can achieve true reform in the prison system.

Keywords: Mississippi, probation, prison reform, MDOC, probation reform, Mississippi criminal law, Mississippi criminal procedure, House Bill 585, graduated sanctions, civil rights litigation, risk level assessment, probation officers, Mississippi Department of Corrections, 42 U.S.C. 1983, 42 USC 1983