The “Special” session called by Haley Barbour earlier this month, principally to ensure tax incentives for the River Bend project in DeSoto County lasted only a few short days in comparison to some of Mississippi’s previous special sessions. See House Bill 25 for the bill’s language. The River Bend project is a project that has thoroughly been discussed in the local news. For more information on the project and its passage see the Commerical Appeal, Daily Journal, & Clarion Ledger.This project seems to be following a similar path of tax incentives as projects such as Nissan and SteelCorr.
However, River Bend is not the only project the Legislature addressed. Other bills also appear to have passed both houses. They include: Senate Bill 2005: an appropriation to renovate a portion of the Sillers building in downtown Jackson; Senate Bill 2010: creating special assessment areas and allowing for bonding and taxing with regards to a Byram/Clinton corridor; House Bill 1: allowing bonds to be issued for expanding the Magee General Hospital; House Bill 5: which provides grants for local governments on the Gulf Coast; House Bill 14: expanding the bonding authority for Gulfport’s Memorial Hospital. Many of these bills appear to be ready to be addressed by the governor but the Legislature’s website does not currently indicate they have been enrolled and signed to be sent to the Governor. I will research this further and post an update on this point in the comments when I find out more information.
Other bills did not get passed in this extra session. Key among these bills was Senate Bill 2003 that would reduce the sales tax on modular home units. The lack of passage for this bill is, however, rumored to be the basis for another special session.
Thursday, August 31, 2006
Tuesday, August 1, 2006
Meth Offender Registry ???
The topic of a meth offender registry has once again surfaced in a recent Slate article, found here. According to the article at least 3 states: Tennessee, Illinois and Minnesota have already passed laws to create these registries and I would not be shocked if Mississippi were soon to follow. For a look at Tennessee’s registry click here.
I project this future registry based upon a couple of facts, 1. next year is an election year and being tough on crime is often seen as a good thing for a candidate, 2. people are obsessively scared of meth, like it is some sort of super drug (the article makes some good points about this), and want to punish it more than other illegal drugs, and 3. the Legislature has already shown a propensity to go after the Meth “element” so this would not be a first go around for legislators to think about these issues. For a most recent bill see Senate Bill 2511 of the 2006 Session.
There are two issues I am looking for with this post.
First, is to gauge public reaction to a possible meth registry, is it a good idea?, is it needed?, do you think it will work on some level?, if so how effective might it be?
Second, I am looking for people’s thoughts on registering felons in our state. Does the sex-offender registry work, if so will this registry work? Also, if we register sex offenders and meth creators/dealers why not everyone on parole or with prior convictions?
I project this future registry based upon a couple of facts, 1. next year is an election year and being tough on crime is often seen as a good thing for a candidate, 2. people are obsessively scared of meth, like it is some sort of super drug (the article makes some good points about this), and want to punish it more than other illegal drugs, and 3. the Legislature has already shown a propensity to go after the Meth “element” so this would not be a first go around for legislators to think about these issues. For a most recent bill see Senate Bill 2511 of the 2006 Session.
There are two issues I am looking for with this post.
First, is to gauge public reaction to a possible meth registry, is it a good idea?, is it needed?, do you think it will work on some level?, if so how effective might it be?
Second, I am looking for people’s thoughts on registering felons in our state. Does the sex-offender registry work, if so will this registry work? Also, if we register sex offenders and meth creators/dealers why not everyone on parole or with prior convictions?
Monday, July 24, 2006
Mississippi Annexation Law
Currently if a town or city wants to annex property into a city all that needs to be done is the Municipality gives notice and files a petition for annexation in the proper Chancery Court. Typically, cities hold city council (or other type depending on the type of city government) meetings to get a feel for how those in the proposed annexation area (PAA) feel about becoming part of their city. It is at this point those in the PAA sometimes say, “O.K” but more often than not (it seems) they say “We don’t want to be part of the city that is why we moved out here”. However, in Mississippi those in the PAA do not have much of a say in the process. The municipality in their Chancery petition are supposed to address 12 factors that are “indicia” of reasonableness, under the assumption that if the Annexation request is reasonable it should happen.
There are several problems with this system. First, those getting annexed do not have a say except an uphill battle in court (Uphill because the standard begins against them since all that is required is reasonableness). Second, those getting annexed have to organize and hire attorneys by themselves to fend off the annexor; this is unlike the city which typically has a city attorney and who is paid by city taxes (and the taxes of those who live in the PAA if the city wins the annexation suit). Third, this system of annexation promotes inefficiency, which costs taxpayers in the long run. The system is basically set up to have a city act, have those who do not want to be in the city file suit, a Chancellor render an opinion, an appeal to the MS Supreme Court, and if the city does not comply with the annexation conditions (providing city services to the PAA) in a timely manner then we look at yet another suit seeking deannexation. It is this possibility of deannexation that the MS Supreme Court has said is the way those in the PAA get a say in the process (by getting annexed in and then trying to vote or sue themselves back out once they are in). How fair or efficient is this process? For more on the deannexation process giving those in the PAA a fair shake I highly recommend Justice Ed Pittman’s concurrence in 644 So.2d 1168.
This is, however, a process that may be changing in the future, hopefully. In the 2005 legislative session the following bills: House Bills 187, 216, 292, 483, 643, 761, 783, 796, 1169; House Concurrent Resolution 32; and Senate Bill 2889 all dealt with changing the MS annexation process. (I am still trying to calculate the 2006 bills). Most of these bills focus on having an election to determine if the annexation is appropriate. Different systems can have just the city vote, can have just the PAA vote, or can require both the city and the PAA to vote and both approve. The last two of these election systems seems more fair, to me, than our current annexation process.
There are several problems with this system. First, those getting annexed do not have a say except an uphill battle in court (Uphill because the standard begins against them since all that is required is reasonableness). Second, those getting annexed have to organize and hire attorneys by themselves to fend off the annexor; this is unlike the city which typically has a city attorney and who is paid by city taxes (and the taxes of those who live in the PAA if the city wins the annexation suit). Third, this system of annexation promotes inefficiency, which costs taxpayers in the long run. The system is basically set up to have a city act, have those who do not want to be in the city file suit, a Chancellor render an opinion, an appeal to the MS Supreme Court, and if the city does not comply with the annexation conditions (providing city services to the PAA) in a timely manner then we look at yet another suit seeking deannexation. It is this possibility of deannexation that the MS Supreme Court has said is the way those in the PAA get a say in the process (by getting annexed in and then trying to vote or sue themselves back out once they are in). How fair or efficient is this process? For more on the deannexation process giving those in the PAA a fair shake I highly recommend Justice Ed Pittman’s concurrence in 644 So.2d 1168.
This is, however, a process that may be changing in the future, hopefully. In the 2005 legislative session the following bills: House Bills 187, 216, 292, 483, 643, 761, 783, 796, 1169; House Concurrent Resolution 32; and Senate Bill 2889 all dealt with changing the MS annexation process. (I am still trying to calculate the 2006 bills). Most of these bills focus on having an election to determine if the annexation is appropriate. Different systems can have just the city vote, can have just the PAA vote, or can require both the city and the PAA to vote and both approve. The last two of these election systems seems more fair, to me, than our current annexation process.
Tuesday, June 27, 2006
MS Sex Offender Laws
There are several different issues this post will address concerning the MS Sex Offender Laws. The sex-offender topic has been in the news recently regarding a new law that goes into affect in Georgia on July that would make many sex-offenders have to relocate because of newly created buffer zones that include school bus stops. For more on the Ga. story see here and for an update here.
Mississippi law defines “sex offense” in 45-33-23(g) and includes acts such as rape; sexual battery; enticing a child for concealment, prostitution or marriage; unnatural intercourse; touching of children for lustful purposes and other assorted offenses. Additionally, upon the convicted sex offenders reentry to society (assuming they served time) They must register with the Department of Public Safety within 3 days of release and the DPS then notifies the local sheriff and the FBI. Additionally, if you are a sex-offender who is coming back into the state you must inform DPS 10 days prior to doing so. Sex-offenders must also give notification if changing addresses, reregister in person every 90 days and disclose his conviction if he wants to work with minors. Violations of doing all of these things may result in a felony conviction with a term of up to 5 years per 45-33-33. Now we have the basics of the law on to the juicier topics.
The Sex Offender Registry (SOR) – if a sex-offender is convicted and released he is placed on a sex-offender registry in MS that is available for public viewing here. This list is also good fodder for television stations that bandwagon this “service” such as here as this station runs ads about its access to the registry. There are several issues regarding the SOR that have been brought up with regards to MS and other states (my answers will be below and will kind of start the debate).
1. If this is a criminal penalty for a crime that has been committed why is DPS doing it and not MDOC; 2. If these offenders have to stay registered for life is their sentence ever really over? 3. Should the life-time registration offset some of the jail time or fine imposed on the convict? 4. What is the proper penalty to be assessed to these individuals?
My answers (not the law because the law has really not been thoroughly vetted in this area):
1. DPS does the registering because, despite the parole-like feel to reregistering, this is about protecting the Public from repeat offenders. There are also statistics that help show that compared to non-sex offenders released from State prisons, released sex offenders were 4 times more likely to be rearrested for a sex crime, per DOJ. So the state feels like it is allowing a potential danger into the area and as such they have a responsibility to protect the public.
2. The registration for life problem is one that I support; there is no age limit on being a sex-offender and once a sex-offender always a sex offender to me. Even those who help sex offenders say: "It is important to realize that this study does not claim we are curing sex offenders through treatment. The fact is, sex offenders are never considered cured."
In my book this is purely a part of their penalty of committing their original crime and reregistering every year for life is better for them than being in jail for the remainder of their lives (more on this in #4).
3. Offsetting some jail time or fine with the registry condition is no different than saying since I have to report for parole shouldn’t I get less time. The answer is no. Registering is simply part of the penalty along with the jail time and fine, not a tradable commodity. This thesis is closely tied to #2.
4. What is the proper penalty for sex offenders? Over the years offenses have ranged from death (Rape is/was a capital offense in Mississippi) to castration to chemical castration to years of hard labor to plain jail time. In my opinion we should lock them up with life sentences plus 20 to make sure they don’t get out on the whole lifespan deal with life sentences. As addressed above, the recidivism for this crime combined with the harm caused by it (as compared to recidivist auto burglaries for example) plants me in the throw away the key group. Some might argue for the harsher death penalty which I don’t go for but we can save that discussion for a different topic.
This post is created for the purpose of seeing what the mindset is in the community out there and both agreement and disagreement are welcome, just bring some thought with your post.
Mississippi law defines “sex offense” in 45-33-23(g) and includes acts such as rape; sexual battery; enticing a child for concealment, prostitution or marriage; unnatural intercourse; touching of children for lustful purposes and other assorted offenses. Additionally, upon the convicted sex offenders reentry to society (assuming they served time) They must register with the Department of Public Safety within 3 days of release and the DPS then notifies the local sheriff and the FBI. Additionally, if you are a sex-offender who is coming back into the state you must inform DPS 10 days prior to doing so. Sex-offenders must also give notification if changing addresses, reregister in person every 90 days and disclose his conviction if he wants to work with minors. Violations of doing all of these things may result in a felony conviction with a term of up to 5 years per 45-33-33. Now we have the basics of the law on to the juicier topics.
The Sex Offender Registry (SOR) – if a sex-offender is convicted and released he is placed on a sex-offender registry in MS that is available for public viewing here. This list is also good fodder for television stations that bandwagon this “service” such as here as this station runs ads about its access to the registry. There are several issues regarding the SOR that have been brought up with regards to MS and other states (my answers will be below and will kind of start the debate).
1. If this is a criminal penalty for a crime that has been committed why is DPS doing it and not MDOC; 2. If these offenders have to stay registered for life is their sentence ever really over? 3. Should the life-time registration offset some of the jail time or fine imposed on the convict? 4. What is the proper penalty to be assessed to these individuals?
My answers (not the law because the law has really not been thoroughly vetted in this area):
1. DPS does the registering because, despite the parole-like feel to reregistering, this is about protecting the Public from repeat offenders. There are also statistics that help show that compared to non-sex offenders released from State prisons, released sex offenders were 4 times more likely to be rearrested for a sex crime, per DOJ. So the state feels like it is allowing a potential danger into the area and as such they have a responsibility to protect the public.
2. The registration for life problem is one that I support; there is no age limit on being a sex-offender and once a sex-offender always a sex offender to me. Even those who help sex offenders say: "It is important to realize that this study does not claim we are curing sex offenders through treatment. The fact is, sex offenders are never considered cured."
In my book this is purely a part of their penalty of committing their original crime and reregistering every year for life is better for them than being in jail for the remainder of their lives (more on this in #4).
3. Offsetting some jail time or fine with the registry condition is no different than saying since I have to report for parole shouldn’t I get less time. The answer is no. Registering is simply part of the penalty along with the jail time and fine, not a tradable commodity. This thesis is closely tied to #2.
4. What is the proper penalty for sex offenders? Over the years offenses have ranged from death (Rape is/was a capital offense in Mississippi) to castration to chemical castration to years of hard labor to plain jail time. In my opinion we should lock them up with life sentences plus 20 to make sure they don’t get out on the whole lifespan deal with life sentences. As addressed above, the recidivism for this crime combined with the harm caused by it (as compared to recidivist auto burglaries for example) plants me in the throw away the key group. Some might argue for the harsher death penalty which I don’t go for but we can save that discussion for a different topic.
This post is created for the purpose of seeing what the mindset is in the community out there and both agreement and disagreement are welcome, just bring some thought with your post.
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