DOC; convert restitution centers to post-release reentry centers.

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To: Corrections;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Johnson

HOUSE BILL NO. 101

AN ACT TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO CONVERT 1
THE THREE RESTITUTION CENTERS IN THE STATE TO POST-RELEASE REENTRY 2
CENTERS; TO PROVIDE THAT THE POST-RELEASE REENTRY CENTERS SHALL BE 3
FOR INDIVIDUALS WHO ARE ELIGIBLE FOR RELEASE, INCLUDING THOSE 4
ELIGIBLE FOR PAROLE AND EARLY RELEASE SUPERVISION, IF SUCH 5
INDIVIDUALS DO NOT HAVE IMMEDIATE ACCESS TO HOUSING UPON RELEASE; 6
TO REQUIRE THE DEPARTMENT TO ADMINISTER SERVICES IN THE 7
POST-RELEASE REENTRY CENTERS AS WELL AS OTHER FACILITIES THAT 8
PROVIDE POST-RELEASE REENTRY SERVICES; TO REQUIRE THE DEPARTMENT 9
TO ASSIST RESIDENTS OF THE CENTERS IN OBTAINING CERTAIN REENTRY 10
NECESSITIES SUCH AS HOUSING, JOB SKILLS TRAINING AND DRIVER'S 11
LICENSES; TO AMEND SECTION 45-33-25, MISSISSIPPI CODE OF 1972, TO 12
PROVIDE THAT CERTAIN RESIDENCE RESTRICTIONS SHALL NOT APPLY TO 13
POST-RELEASE REENTRY CENTERS; TO AMEND SECTION 45-33-35, 14
MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND 15
FOR RELATED PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. (1) The Department of Corrections shall convert 18
the Madison County Restitution Center, Flowood Restitution Center, 19
and Pascagoula Restitution Center to post-release reentry centers. 20
(2) Any person who is eligible for release, including parole 21
and early release supervision, shall be eligible for placement in 22
a post-release reentry center. Participation in a post-release 23
reentry center is intended for those who do not have immediate 24
access to housing or other support services upon release from 25
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incarceration. Residents of post-release reentry centers shall 26
remain at a center for ninety (90) days or until other housing 27
becomes available, whichever period is shorter. A person 28
otherwise eligible for release from incarceration may not be 29
detained due to their refusal to accept placement in a 30
post-release reentry center. The residence restrictions provided 31
in Section 45-33-25 shall not apply to post-release reentry 32
centers regardless of the location of any center. 33
SECTION 2. (1) The Department of Corrections shall 34
institute and administer services in post-release reentry centers 35
at the facilities identified under Section 1 of this act and at 36
other facilities which provide post-release reentry services. 37
(2) The Department of Corrections shall: 38
(a) Seek funding from federal or other sources to 39
provide the maximum supportive services for residents and the 40
families of residents who are participating in a post-release 41
reentry program; 42
(b) Develop programs at post-release reentry centers 43
through which residents are provided support, training, and 44
connection to services necessary to contribute to society and the 45
support of themselves and their families upon returning to local 46
communities following incarceration; and 47
(c) Develop evidence-based pilot programs in 48
furtherance of aiding personal growth and development, overcoming 49
problematic behaviors, establishing a verified residency plan, and 50
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teaching skills to enhance the resident's quality of life and 51
successful reentry into the community. The programs may be 52
residential or nonresidential as appropriate. 53
(3) The Department of Corrections shall assist residents in 54
obtaining: 55
(a) Counseling/case management services; 56
(b) Housing; 57
(c) Employment or job skills training; 58
(d) State-issued driver's licenses or a state issued 59
IDs should a driver's license be unobtainable; 60
(e) Health care services; 61
(f) Educational services; 62
(g) Cognitive behavioral programs; 63
(h) Drug and alcohol treatment and recovery services; 64
and 65
(i) Other community support services. 66
SECTION 3. Section 45-33-25, Mississippi Code of 1972, is 67
amended as follows: 68
45-33-25. (1) (a) Any person having a permanent or 69
temporary residence in this state or who is employed or attending 70
school in this state who has been convicted of a registrable 71
offense in this state or another jurisdiction or who has been 72
acquitted by reason of insanity of a registrable offense in this 73
state or another jurisdiction shall register with the responsible 74
agency and the Mississippi Department of Public Safety. 75
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Registration shall not be required for an offense that is not a 76
registrable sex offense or for an offender who is under fourteen 77
(14) years of age. The department shall provide the initial 78
registration information as well as every change of name, change 79
of address, change of status at a school, or other change of 80
information as required by the department to the sheriff of the 81
county of the residence address of the registrant, the sheriff of 82
the county of the employment address, and the sheriff of the 83
county of the school address, if applicable, and any other 84
jurisdiction of the registrant through either written notice, 85
electronic or telephone transmissions, or online access to 86
registration information. Further, the department shall provide 87
this information to the Federal Bureau of Investigation. 88
Additionally, upon notification by the registrant that he intends 89
to reside outside the State of Mississippi, the department shall 90
notify the appropriate state law enforcement agency of any state 91
to which a registrant is moving or has moved. 92
(b) Any person having a permanent or temporary 93
residence or who is employed or attending school in this state who 94
has been adjudicated delinquent for a registrable sex offense 95
listed in this paragraph that involved use of force against the 96
victim shall register as a sex offender with the responsible 97
agency and shall personally appear at a facility designated by the 98
Mississippi Department of Public Safety, or in a manner of the 99
Department of Public Safety's choosing, including by electronic 100
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means, within three (3) business days of registering with the 101
responsible agency: 102
(i) Section 97-3-71 relating to rape and assault 103
with intent to ravish; 104
(ii) Section 97-3-95 relating to sexual battery; 105
(iii) Section 97-3-65 relating to statutory rape; 106
or 107
(iv) Conspiracy to commit, accessory to the 108
commission of, or attempt to commit any offense listed in this 109
paragraph. 110
(2) Any person required to register under this chapter shall 111
submit the following information at the time of registration: 112
(a) Name, including a former name which has been 113
legally changed; 114
(b) Street address of all current permanent and 115
temporary residences within state or out of state at which the sex 116
offender resides or habitually lives, including dates of temporary 117
lodgings. There is a presumption that a registrant owes a duty of 118
updating registration information if the registrant remains away 119
from a registered address for seven (7) or more aggregate days in 120
a six (6) month period; 121
(c) Date, place and address of employment, including as 122
a volunteer or unpaid intern or as a transient or day laborer; 123
(d) Crime for which charged, arrested or convicted; 124
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(e) Date and place of conviction, adjudication or 125
acquittal by reason of insanity; 126
(f) Aliases used or nicknames, ethnic or tribal names 127
by which commonly known; 128
(g) Social security number and any purported social 129
security number or numbers; 130
(h) Date and place of birth and any purported date and 131
place of birth; 132
(i) Age, race, sex, height, weight, hair and eye 133
colors, and any other physical description or identifying factors; 134
(j) A brief description of the offense or offenses for 135
which the registration is required; 136
(k) Driver's license or state or other jurisdiction 137
identification card number, which license or card may be 138
electronically accessed by the Department of Public Safety; 139
(l) Anticipated future residence; 140
(m) If the registrant's residence is a motor vehicle, 141
trailer, mobile home or manufactured home, the registrant shall 142
also provide vehicle identification number, license tag number, 143
registration number and a description, including color scheme, of 144
the motor vehicle, trailer, mobile home or manufactured home; if 145
the registrant's place of residence is a vessel or houseboat, the 146
registrant shall also provide the hull identification number, 147
manufacturer's serial number, name of the vessel or houseboat, 148
registration number and a description, including color scheme, of 149
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the vessel or houseboat, including permanent or frequent locations 150
where the motor vehicle, trailer, mobile home, manufactured home, 151
vessel or houseboat is kept; 152
(n) Vehicle make, model, color and license tag number 153
for all vehicles owned or operated by the sex offender, whether 154
for work or personal use, and the permanent or frequent locations 155
where a vehicle is kept; 156
(o) Offense history; 157
(p) Photograph; 158
(q) Fingerprints and palm prints; 159
(r) Documentation of any treatment received for any 160
mental abnormality or personality disorder of the person; 161
(s) Biological sample; 162
(t) Name of any public or private educational 163
institution, including any secondary school, trade or professional 164
institution or institution of higher education at which the 165
offender is employed, carries on a vocation (with or without 166
compensation) or is enrolled as a student, or will be enrolled as 167
a student, and the registrant's status; 168
(u) Copy of conviction or sentencing order for the sex 169
offense for which registration is required; 170
(v) The offender's parole, probation or supervised 171
release status and the existence of any outstanding arrest 172
warrants; 173
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(w) Every online identity, screen name or username 174
used, registered or created by a registrant; 175
(x) Professional licensing information which authorizes 176
the registrant to engage in an occupation or carry out a trade or 177
occupation; 178
(y) Information from passport and immigration 179
documents; 180
(z) All telephone numbers, including, but not limited 181
to, permanent residence, temporary residence, cell phone and 182
employment phone numbers, whether landlines or cell phones; and 183
(aa) Any other information deemed necessary. 184
(3) For purposes of this chapter, a person is considered to 185
be residing in this state if he maintains a permanent or temporary 186
residence as defined in Section 45-33-23, including students, 187
temporary employees and military personnel on assignment. 188
(4) (a) A person required to register under this chapter 189
shall not reside within three thousand (3,000) feet of the real 190
property comprising a public or nonpublic elementary or secondary 191
school, a child care facility, a residential child-caring agency, 192
a children's group care home or any playground, ballpark or other 193
recreational facility utilized by persons under the age of 194
eighteen (18) years. 195
(b) A person residing within three thousand (3,000) 196
feet of the real property comprising a public or nonpublic 197
elementary or secondary school or a child care facility does not 198
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commit a violation of this subsection if any of the following 199
apply: 200
(i) The person is serving a sentence at a jail, 201
prison, juvenile facility or other correctional institution or 202
facility. 203
(ii) The person is subject to an order of 204
commitment under Title 41, Mississippi Code of 1972. 205
(iii) The person established the subject residence 206
before July 1, 2006. 207
(iv) The school or child care facility is 208
established within three thousand (3,000) feet of the person's 209
residence subsequent to the date the person established residency. 210
(v) The person established the subject residence 211
between July 1, 2006, and January 1, 2014, in a location at least 212
one thousand five hundred (1,500) feet from the school or child 213
care facility. 214
(vi) The person is a minor or a ward under a 215
guardianship. 216
(c) A person residing within three thousand (3,000) 217
feet of the real property comprising a residential child-caring 218
agency, a children's group care home or any playground, ballpark 219
or other recreational facility utilized by persons under the age 220
of eighteen (18) years does not commit a violation of this 221
subsection if any of the following apply: 222
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(i) The person established the subject residence 223
before July 1, 2008. 224
(ii) The residential child-caring agency, 225
children's group care home, playground, ballpark or other 226
recreational facility utilized by persons under the age of 227
eighteen (18) years is established within three thousand (3,000) 228
feet of the person's residence subsequent to the date the person 229
established residency. 230
(iii) The person established the subject residence 231
between July 1, 2008, and January 1, 2014, in a location at least 232
one thousand five hundred (1,500) feet from the residential 233
child-caring agency, children's group care home, playground, 234
ballpark or other recreational facility utilized by persons under 235
the age of eighteen (18) years. 236
(iv) Any of the conditions described in subsection 237
(4)(b)(i), (ii) or (vi) exist. 238
(5) The Department of Public Safety is required to obtain 239
the text of the law defining the offense or offenses for which the 240
registration is required. 241
(6) The residence restriction provided under this section 242
shall not apply to post-release reentry centers regardless of the 243
location of any center. 244
SECTION 4. Section 45-33-35, Mississippi Code of 1972, is 245
amended as follows: 246
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45-33-35. (1) The Mississippi Department of Public Safety 247
shall maintain a central registry of sex offender information as 248
defined in Section 45-33-25 and shall adopt rules and regulations 249
necessary to carry out this section. The responsible agencies 250
shall provide the information required in Section 45-33-25 on a 251
form developed by the department to ensure accurate information is 252
maintained. 253
(2) Upon conviction, adjudication or acquittal by reason of 254
insanity of any sex offender, if the sex offender is not 255
immediately confined or not sentenced to a term of imprisonment, 256
the clerk of the court which convicted and sentenced the sex 257
offender shall inform the person of the duty to register, 258
including the duty to personally appear at a facility designated 259
by the Department of Public Safety, or in a manner of the 260
Department of Public Safety's choosing, including by electronic 261
means, and shall perform the registration duties as described in 262
Section 45-33-23 and forward the information to the department. 263
(3) Before release from prison or placement on parole, 264
supervised release or in a work center * * *, the Department of 265
Corrections shall inform the person of the duty to register, 266
including the duty to personally appear at a facility designated 267
by the Department of Public Safety, or in a manner of the 268
Department of Public Safety's choosing, including by electronic 269
means, and shall perform the registration duties as described in 270
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Section 45-33-23 and forward the information to the Department of 271
Public Safety. 272
(4) Before release from a community regional mental health 273
center or from confinement in a mental institution following an 274
acquittal by reason of insanity, the director of the facility 275
shall inform the offender of the duty to register, including the 276
duty to personally appear at a facility designated by the 277
Department of Public Safety, or in a manner of the Department of 278
Public Safety's choosing, including by electronic means, and shall 279
perform the registration duties as described in Section 45-33-23 280
and forward the information to the Department of Public Safety. 281
(5) Before release from a youthful offender facility, the 282
director of the facility shall inform the person of the duty to 283
register, including the duty to personally appear at a facility 284
designated by the Department of Public Safety, or in a manner of 285
the Department of Public Safety's choosing, including by 286
electronic means, and shall perform the registration duties as 287
described in Section 45-33-23 and forward the information to the 288
Department of Public Safety. 289
(6) In addition to performing the registration duties, the 290
responsible agency shall: 291
(a) Inform the person having a duty to register that: 292
(i) The person is required to personally appear at 293
a facility designated by the Department of Public Safety, or in a 294
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manner of the Department of Public Safety's choosing, including by 295
electronic means, at least ten (10) days before changing address. 296
(ii) Any change of address to another jurisdiction 297
shall be reported to the department by personally appearing at a 298
facility designated by the Department of Public Safety, or in a 299
manner of the Department of Public Safety's choosing, including by 300
electronic means, not less than ten (10) days before the change of 301
address. The offender shall comply with any registration 302
requirement in the new jurisdiction. 303
(iii) The person must register in any jurisdiction 304
where the person is employed, carries on a vocation, is stationed 305
in the military or is a student. 306
(iv) Address verifications shall be made by 307
personally appearing at a facility designated by the Department of 308
Public Safety, or in a manner of the Department of Public Safety's 309
choosing, including by electronic means, within the required time 310
period. 311
(v) Notification or verification of a change in 312
status of a registrant's enrollment, employment or vocation at any 313
public or private educational institution, including any secondary 314
school, trade or professional institution, or institution of 315
higher education shall be reported to the department by personally 316
appearing at a facility designated by the Department of Public 317
Safety, or in a manner of the Department of Public Safety's 318
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choosing, including by electronic means, within three (3) business 319
days of the change. 320
(vi) If the person has been convicted of a sex 321
offense, the person shall notify any organization for which the 322
person volunteers in which volunteers have direct, private or 323
unsupervised contact with minors that the person has been 324
convicted of a sex offense as provided in Section 45-33-32(1). 325
(vii) Upon any change of name or employment, a 326
registrant is required to personally appear at a facility 327
designated by the Department of Public Safety, or in a manner of 328
the Department of Public Safety's choosing, including by 329
electronic means, within three (3) business days of the change. 330
(viii) Upon any change of vehicle information, a 331
registrant is required to report the change on an appropriate form 332
supplied by the department within three (3) business days of the 333
change. 334
(ix) Upon any change of e-mail address or 335
addresses, instant message address or addresses or any other 336
designation used in Internet communications, postings or telephone 337
communications, a registrant is required to report the change on 338
an appropriate form supplied by the department within three (3) 339
business days of the change. 340
(x) Upon any change of information deemed to be 341
necessary to the state's policy to assist local law enforcement 342
agencies' efforts to protect their communities, a registrant is 343
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ST: DOC; convert restitution centers to post-
release reentry centers.
required to report the change on an appropriate form supplied by 344
the department within three (3) business days of the change. 345
(b) Require the person to read and sign a form stating 346
that the duty of the person to register under this chapter has 347
been explained. 348
(c) Obtain or facilitate the obtaining of a biological 349
sample from every registrant as required by this chapter if such 350
biological sample has not already been provided to the Mississippi 351
Forensics Laboratory. 352
(d) Provide a copy of the order of conviction or 353
sentencing order to the department at the time of registration. 354
SECTION 5. This act shall take effect and be in force from 355
and after July 1, 2026. 356