Rule 29-1-1-7.1.3 - PRECEPTS1.Adult Correctional Institutions:Written policy, procedure, and practice provide that designated staff are responsible for coordination of victims programs and that curriculum is established for providing training to staff involved with victims issues. This curriculum includes the following topics:A.specific services available to crime victimsB.changes in laws impacting victimsC.way(s) of gaining access to the servicesD.confidentiality of victim informationE.ways for victims to communicate complaints and other concernsF.program evaluation measures, which include victim input regarding the effectiveness of services and ways for them to make suggestions regarding agency policies and practices intended to assist crime victims [4-4447-1, Added 2008 Supplement].2.Adult Correctional Institutions:Written policy, procedure, and practice provide that, consistent with the laws and legal practices within the jurisdiction, restitution is collected and ultimately made available to the victims of crime and/or their survivors. Where supported by statute, and feasible, victim awareness classes are offered to help offenders understand the impact of their crimes on the victims, their communities, and their own families [4-4461-1, Added 2008 Supplement].3.Adult Community Residential Services: The facility provides services and opportunities that encourage offenders to take responsibility for their actions. Opportunities are based on victim and community input and are fashioned in a way that seeks to ameliorate the harm done [4-ACRS-6D-01].4. Adult Community Residential Services: The facility provides services and opportunities that encourage offenders to make restitution to the victims of their crimes(s) and/or to the community [4-ACRS-6D-02].5. The MDOC Division of Victim Services was established to serve crime victims.A. In compliance with Mississippi Code § 99-43-1, et. seq., the Division of Victim Services will offer a wide range of services to crime victims when the offender is in the custody or under the supervision of MDOC.B. The Agency will provide information to the above referenced individuals while maintaining offenders rights to privacy, order and security needs.C. The MDOC Division of Victim Services Director or designee will be the direct contact between victims and/or their representatives with MDOC, Parole Board and Service Providers.6. CONFIDENTIALITY: Both the information contained in a victim notice and registration form and the fact that a notification request has been made are confidential. Pursuant to provisions of MCA § 45-29-03, staff may answer inquiries from judicial and law enforcement agencies. Any other inquiries from outside the Agency about who is registered or whether a particular inmate has a registered victim should be referred to the Division of Victim Services (DVS).
7. NOTIFICATIONS: A.Victim Notice and Registration Form A form promulgated by the Mississippi Department of Corrections and provided by a judicial or law enforcement agency, or a form available from the Agency, on which a person may indicate a request to be afforded the rights prescribed in law and/or policy for victims, witnesses, and other designated persons. In the context of this regulation, the term also includes letters requesting notification about an inmates movement through the system and can include victim requests made by telephone or identified in pre-sentence, pre-parole, or other investigative reports in the Agencys possession.B. When a victim notice and registration form is received, it will become part of the inmates permanent record. For an incarcerated inmate, the Victim Notification Request (NVR) on OffenderTrak" will be used to denote if there is a victim registered against the offender. Also, the request for registration form will be scanned and loaded into the offenders record on Legato".C. The DVS will acknowledge receipt of each victim notice and registration form with a letter that includes the possible release dates of the inmate named on the form.D. Persons who have filed a victim notice and registration form will be notified by mail and/or telephone of the following events involving the inmate(s) they have registered for; escape, release or death while incarcerated.E. In the event that an inmate named on a victim notice and registration form escapes from institutional custody, registered persons will be notified immediately at the most current address or phone number on file by the most reasonable and expedient means possible. When the inmate is recaptured, notification will be made as soon as possible via telephone.F. If a mistaken calculation is discovered after projected release dates have been sent to a victim, a letter providing corrected release dates to all registered victims will be mailed and DVS will contact the victims via telephone. This provision does not include changes to an inmates diminution of sentence date resulting from earning or losing good time credits. However, if educational good time is credited after letters have been sent to inform registered victims of an inmates pending release, a second letter should be sent or a telephone call made to inform victims of the new release date. The second letter need not be certified.G. In the event that an inmate is recommended for a medical parole, house arrest or placement at the Governors Mansion, the Director of Victim Services will determine whether there is a victim notice and registration form on file and will note when submitting a recommendation to the Commissioner. Victim information will be shared with others on a need to know basis as determined by the Victim Services staff. All employees having access to departmental files or records will treat victim information contained within the file as confidential.H. The Agency will maintain a toll-free telephone line to the Division of Victim Services (DVS). The DVS will help callers register for notification and find answers to questions, and will refer callers to other victim service providers, the Attorney Generals Office, the prosecuting district attorney, the Mississippi Parole Board and/or other crime victim programs and agencies.I. When a victim notice and registration form is received, DVS staff will respond timely and in a manner consistent with the requirements of this and other department regulations governing release of information and victims and witnesses rights. However, the filing of a victim notice and registration form by an incarcerated adult will not enable that individual to receive information about another individual incarcerated under the Departments authority.J. Persons receiving unsolicited communications by telephone or mail from inmates in state custody may contact the Division of Victim Services for assistance in having the contact stopped. The DVS will work with the appropriate Warden to see that reasonable and necessary steps are taken to address the situation. This may involve disciplinary action, including loss of good time.8. PAROLE BOARD HEARINGS AND RELATED MATTERS: A. The Mississippi Parole Board will comply with all laws regarding written notification prior to scheduled hearings, including the requirement that notice be given to all persons who file a victim notice and registration form and to the appropriate district attorney. Notifications regarding pending hearings will be made through action of the Parole Board and DVS as appropriate.B. As provided in law, when a hearing is scheduled by the board, the victim or victims family will be allowed to make written and oral statements concerning the impact of the crime and to rebut statements or evidence introduced by the inmate. The victim or victims family, a representative of a victim advocacy group, and the district attorney or his representative may appear before the board in person, via teleconference, or by telephone from the district attorneys office.9. RIGHTS OF VICTIMS FAMILY WHEN AN INMATES SENTENCE IS DEATH:A. As soon as the Victim Services Director receives notification of a scheduled execution, he/she will inform the victims/survivors of the time, date, and place of the execution. Two representatives of the victims family will have the right to be present and witness the execution. If the victims family witnesses desire the Victim Services Director or their designee to be allowed to accompany the witnesses into the witness room, a written request by the victims family has to be submitted to the Commissioner.B. The Director of Victim Services will provide the Commissioner, when applicable, with the following:1. Background information as it relates to matters pending before the Parole Board2. Crime victim information when he is considering a medical release of an inmate3. Facts and reports regarding inmate cases as they pertain to crime victim issuesC. The Director of Victim Services will provide applicable staff with opportunities to be actively involved with victim services coalitions while maintaining offenders rights to privacy, order and security needs.D. The Director of Victim Services will provide applicable MDOC staff and offenders with victim sensitivity training when available.29 Miss. Code. R. 1-1-7.1.3
Miss. Code Ann. § 99-43-1.