§ 18-15. Probation program.

(a)

There is hereby established the Tupelo Municipal Court Probation Program pursuant to MCA 1972, § 21-23-1 et seq., and related statutes, as a system of intervention with the purpose of providing rehabilitation and monitoring of an offender's behavior with the hope that further or repeat offenses, or a more serious violation of the law will not occur for this offender, that the offender can be assisted in relieving any situation which may have contributed to the offense, and that the offender and community may be better served thereby.

(b)

The responsibility of carrying out the provisions and guidelines of this program shall devolve on the mayor and board of aldermen through the municipal court and judge and the municipal court probation counselors or case management specialists, who shall be vested with the charge, administration, and custody of persons under the program. Enforcement power shall vest in the municipal court by contempt power or other measures under the law available to the court.

(c)

Upon conviction by or plea of guilty or nolo contendere to the municipal court, the court, when satisfied that the ends of justice and the best interest of the public as well as the offender will be served thereby, may suspend the imposition or execution of sentence, or any part thereof, and place the offender on probation for such period and upon such terms and conditions as the court deems best.

(d)

Probation may be granted whether the offense is punishable by fine or imprisonment or both. If an offense is punishable by both fine and imprisonment, the court may impose a fine and place the defendant on probation as to imprisonment. Probation may be limited to one (1) or more courts, but, in the absence of express limitation shall extend to the entire sentence and judgment.

(e)

The court may revoke or modify any condition of probation, or may change the period of probation, but the entire period of probation, together with any extensions thereof, shall not exceed six (6) months in duration.

(f)

While on probation and among the conditions thereof, the defendant may be required to:

(1)

Pay a fine in one (1) or several sums;

(2)

Make restitution or reparation to aggrieved parties for actual damages or loss caused by the offense for which conviction was had;

(3)

Avoid persons or places of disreputable or harmful character;

(4)

Perform public service work pursuant to the municipal court service program and the conditions and requirements thereof;

(5)

Remain within a specified area;

(6)

Work faithfully at suitable employment so far as possible and provide for the support for any persons for whose support he is legally responsible;

(7)

Complete initial information questionnaires and supply other information during the probation period.

(g)

The probationer shall:

(1)

Commit no offense against the laws of this municipality, this state, or any other state, or of the United States;

(2)

Report to the probation counselor as directed.

(h)

A person who fails to complete the conditions of his probation or who is charged with another offense within a year will be subject to revocation of the suspended portion of his sentence for the probation offense in addition to the penalty for the second offense, but the offender's liability for any fine or other punishment imposed as to which probation is granted, shall be fully discharged by the fulfillment of the terms and conditions of probation.

(i)

At any time within the probation period, the court may issue a warrant for the probationer's arrest for violation of probation occurring during probation period. As speedily as possible after arrest, the probationer shall be taken before the court. Thereupon, the court may revoke the probation and require the offender to serve the sentence imposed, or any lesser sentence, and, if imposition of sentence was suspended, may impose any sentence which might originally have been imposed.

(j)

The probation counselor shall be charged with the presentence, administrative, record keeping and reporting, and counseling functions of the program and shall act as liaison between the municipal court and the offender as well as between the court and defense attorneys. The probation counselor shall furnish to each probationer under his supervision a written statement of the conditions of probation and shall instruct him regarding the same.

(k)

The probation counselor shall keep informed concerning the conduct and condition of each probationer under his supervision and shall report thereon to the court. He shall use all suitable methods, not inconsistent with the conditions imposed by the court, to aid probationers and to bring about improvements in their conduct and condition. Included in, but not limited to, the above duty, the probation counselor shall use a referral and treatment system for offenders of misdemeanor violations. The system shall include, where appropriate, comprehensive presentence investigations, initial and followup interviews, and either/or individualized one-to-one counseling, group therapy or structured intervention, and the Mississippi Alcohol Safety Education Program (MASEP).

(l)

The probation counselors are hereby authorized to make and accept referrals to and by local agencies, such as Region III Mental Complex, Harbor House, Alcoholics Anonymous, Vocational Rehabilitation Center, Lee County Youth Corp., local physicians for substance abuse problems, and other state and local social service agencies. Referrals will be to these agencies for individuals who need more intensive treatment or services than what the municipal court probation program can provide.

(m)

The probation counselors shall keep detailed records of their work; shall keep accurate and complete accounts of all monies collected from persons under their supervision, shall give receipts therefor, and shall make at least monthly returns thereof, and compile yearly financial reports; and shall perform such other duties as the court may direct.

(n)

Appropriate and approved forms shall be executed by the municipal judge, court clerk, probation counselors, and offenders (and their attorneys, if applicable), and shall be filed with the record of the case.

(o)

As guaranteed by the Privacy Act of 1974, the confidentiality of all information gathered under the program will be strictly enforced and the data obtained will be available only to authorized program personnel for specified program purposes. Data that are released will be in group summary form only, and no individual will be identified.

(p)

If expectations concerning arrest and conviction rates are met, the municipal court probation program's budget would be obtained by funding provided for by the misdemeanor offenses which this program would serve. Fines would be collected in the usual manner. Operating expenses would be paid out of the city fund. The probation counselors along with the city clerk will be responsible to monitor the number and types of misdemeanor offenses brought before the municipal court. From this information, a monetary total will be obtained concerning the amount of monies that should be earmarked for the municipal court probation program. The probation counselors shall be considered and dealt with as city employees ultimately responsible to the mayor and board of aldermen. The probation counselors shall be directly responsible to and under the supervision and direction of the municipal court judge, the chief of police, and the city prosecutor's office.

(q)

This section shall be filed with the clerk for public record as general written guidelines for the program but it is not intended to be all-inclusive and may be amended and expanded upon by the mayor and board of aldermen or by the court.

(r)

This section shall be in addition and supplementary to other ordinances which are not in conflict with this section.

(Ord. of 12-1-81(1), §§ 1—17)