AN ACT TO AMEND SECTION 41-29-139, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTY FOR SIMPLE POSSESSION OF CERTAIN AMOUNTS OF METHAMPHETAMINE; TO PROVIDE THAT THE COURT SHALL REQUIRE THE DEFENDANT, UPON CONVICTION OF A FIRST OFFENSE, TO BE ASSESSED AS TO WHETHER THE DEFENDANT SHOULD PARTICIPATE IN A DRUG TREATMENT PROGRAM APPROVED BY THE DEPARTMENT OF MENTAL HEALTH FROM A DEPARTMENT-CERTIFIED PROVIDER UNLESS THE COURT ENTERS A WRITTEN FINDING THAT A DRUG TREATMENT PROGRAM IS INAPPROPRIATE; TO PROVIDE THAT THE COURT SHALL REQUIRE THE DEFENDANT, UPON CONVICTION OF A SECOND OFFENSE, TO PARTICIPATE IN A DRUG TREATMENT PROGRAM APPROVED BY THE DEPARTMENT OF MENTAL HEALTH FROM A DEPARTMENT-CERTIFIED PROVIDER FOR A CERTAIN AMOUNT OF DAYS WITH THE APPROPRIATE LEVEL OF CARE TO BE RECOMMENDED BY THE CERTIFIED PROVIDER UNLESS THE COURT ENTERS A WRITTEN FINDING THAT A DRUG TREATMENT PROGRAM IS INAPPROPRIATE; AND FOR RELATED PURPOSES.

Statutes affected:
As Introduced: 41-29-139
As Passed by the Senate: 41-29-139