Use of restitution centers by DOC; repeal and convert centers into post-release reentry centers.

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To: Corrections;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Johnson

HOUSE BILL NO. 102

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 SECTIONS 45-33-35 AND 47-5-110, MISSISSIPPI 12
CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO REPEAL 13
SECTION 99-37-19, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE 14
DEPARTMENT OF CORRECTIONS TO OPERATE RESTITUTION CENTERS; TO 15
REPEAL SECTION 99-37-21, MISSISSIPPI CODE OF 1972, WHICH PROVIDES 16
CERTAIN POWERS AND DUTIES OF THE DEPARTMENT OF CORRECTIONS AND THE 17
DEPARTMENT OF HUMAN SERVICES REGARDING RESTITUTION CENTERS; AND 18
FOR RELATED PURPOSES. 19
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 20
SECTION 1. (1) The Department of Corrections shall convert 21
the Madison County Restitution Center, Flowood Restitution Center, 22
and the Pascagoula Restitution Center to post-release reentry 23
centers. 24
(2) Any person who is eligible for release, including parole 25
and early release supervision, shall be eligible for placement in 26
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a post-release reentry center. Participation in a post-release 27
reentry center is intended for those who do not have immediate 28
access to housing or other support services upon release from 29
incarceration. Residents of post-release reentry centers shall 30
remain at a center for ninety (90) days or until other housing 31
becomes available, whichever period is shorter. A person 32
otherwise eligible for release from incarceration may not be 33
detained due to their refusal to accept placement in a 34
post-release reentry center. The residence restrictions provided 35
in Section 45-33-25 shall not apply to post-release reentry 36
centers regardless of the location of the center. 37
SECTION 2. (1) The Department of Corrections shall 38
institute and administer services in post-release reentry centers 39
at the facilities identified under Section 1 of this act and at 40
other facilities which provide post-release reentry services. 41
(2) The Department of Corrections shall: 42
(a) Seek funding from federal or other sources to 43
provide the maximum supportive services for residents and the 44
families of residents who are participating in a post-release 45
reentry program; 46
(b) Develop programs at post-release reentry centers 47
through which residents are provided support, training, and 48
connection to services necessary to contribute to society and the 49
support of themselves and their families upon returning to local 50
communities following incarceration; and 51
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(c) Develop evidence-based pilot programs in 52
furtherance of aiding personal growth and development, overcoming 53
problematic behaviors, establishing a verified residency plan, and 54
teaching skills to enhance the resident's quality of life and 55
successful reentry into the community. The programs may be 56
residential or nonresidential as appropriate. 57
(3) The Department of Corrections shall assist residents in 58
obtaining: 59
(a) Counseling/case management services; 60
(b) Housing; 61
(c) Employment or job skills training; 62
(d) State-issued driver's licenses or state-issued IDs 63
should a driver's license be unobtainable; 64
(e) Health care services; 65
(f) Educational services; 66
(g) Cognitive behavioral programs; 67
(h) Drug and alcohol treatment and recovery services; 68
and 69
(i) Other community support services. 70
SECTION 3. Section 45-33-35, Mississippi Code of 1972, is 71
amended as follows: 72
45-33-35. (1) The Mississippi Department of Public Safety 73
shall maintain a central registry of sex offender information as 74
defined in Section 45-33-25 and shall adopt rules and regulations 75
necessary to carry out this section. The responsible agencies 76
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shall provide the information required in Section 45-33-25 on a 77
form developed by the department to ensure accurate information is 78
maintained. 79
(2) Upon conviction, adjudication or acquittal by reason of 80
insanity of any sex offender, if the sex offender is not 81
immediately confined or not sentenced to a term of imprisonment, 82
the clerk of the court which convicted and sentenced the sex 83
offender shall inform the person of the duty to register, 84
including the duty to personally appear at a facility designated 85
by the Department of Public Safety, or in a manner of the 86
Department of Public Safety's choosing, including by electronic 87
means, and shall perform the registration duties as described in 88
Section 45-33-23 and forward the information to the department. 89
(3) Before release from prison or placement on parole, 90
supervised release or in a work center * * *, the Department of 91
Corrections shall inform the person of the duty to register, 92
including the duty to personally appear at a facility designated 93
by the Department of Public Safety, or in a manner of the 94
Department of Public Safety's choosing, including by electronic 95
means, and shall perform the registration duties as described in 96
Section 45-33-23 and forward the information to the Department of 97
Public Safety. 98
(4) Before release from a community regional mental health 99
center or from confinement in a mental institution following an 100
acquittal by reason of insanity, the director of the facility 101
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shall inform the offender of the duty to register, including the 102
duty to personally appear at a facility designated by the 103
Department of Public Safety, or in a manner of the Department of 104
Public Safety's choosing, including by electronic means, and shall 105
perform the registration duties as described in Section 45-33-23 106
and forward the information to the Department of Public Safety. 107
(5) Before release from a youthful offender facility, the 108
director of the facility shall inform the person of the duty to 109
register, including the duty to personally appear at a facility 110
designated by the Department of Public Safety, or in a manner of 111
the Department of Public Safety's choosing, including by 112
electronic means, and shall perform the registration duties as 113
described in Section 45-33-23 and forward the information to the 114
Department of Public Safety. 115
(6) In addition to performing the registration duties, the 116
responsible agency shall: 117
(a) Inform the person having a duty to register that: 118
(i) The person is required to personally appear at 119
a facility designated by the Department of Public Safety, or in a 120
manner of the Department of Public Safety's choosing, including by 121
electronic means, at least ten (10) days before changing address. 122
(ii) Any change of address to another jurisdiction 123
shall be reported to the department by personally appearing at a 124
facility designated by the Department of Public Safety, or in a 125
manner of the Department of Public Safety's choosing, including by 126
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electronic means, not less than ten (10) days before the change of 127
address. The offender shall comply with any registration 128
requirement in the new jurisdiction. 129
(iii) The person must register in any jurisdiction 130
where the person is employed, carries on a vocation, is stationed 131
in the military or is a student. 132
(iv) Address verifications shall be made by 133
personally appearing at a facility designated by the Department of 134
Public Safety, or in a manner of the Department of Public Safety's 135
choosing, including by electronic means, within the required time 136
period. 137
(v) Notification or verification of a change in 138
status of a registrant's enrollment, employment or vocation at any 139
public or private educational institution, including any secondary 140
school, trade or professional institution, or institution of 141
higher education shall be reported to the department by personally 142
appearing at a facility designated by the Department of Public 143
Safety, or in a manner of the Department of Public Safety's 144
choosing, including by electronic means, within three (3) business 145
days of the change. 146
(vi) If the person has been convicted of a sex 147
offense, the person shall notify any organization for which the 148
person volunteers in which volunteers have direct, private or 149
unsupervised contact with minors that the person has been 150
convicted of a sex offense as provided in Section 45-33-32(1). 151
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(vii) Upon any change of name or employment, a 152
registrant is required to personally appear at a facility 153
designated by the Department of Public Safety, or in a manner of 154
the Department of Public Safety's choosing, including by 155
electronic means, within three (3) business days of the change. 156
(viii) Upon any change of vehicle information, a 157
registrant is required to report the change on an appropriate form 158
supplied by the department within three (3) business days of the 159
change. 160
(ix) Upon any change of e-mail address or 161
addresses, instant message address or addresses or any other 162
designation used in Internet communications, postings or telephone 163
communications, a registrant is required to report the change on 164
an appropriate form supplied by the department within three (3) 165
business days of the change. 166
(x) Upon any change of information deemed to be 167
necessary to the state's policy to assist local law enforcement 168
agencies' efforts to protect their communities, a registrant is 169
required to report the change on an appropriate form supplied by 170
the department within three (3) business days of the change. 171
(b) Require the person to read and sign a form stating 172
that the duty of the person to register under this chapter has 173
been explained. 174
(c) Obtain or facilitate the obtaining of a biological 175
sample from every registrant as required by this chapter if such 176
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biological sample has not already been provided to the Mississippi 177
Forensics Laboratory. 178
(d) Provide a copy of the order of conviction or 179
sentencing order to the department at the time of registration. 180
SECTION 4. Section 47-5-110, Mississippi Code of 1972, is 181
amended as follows: 182
47-5-110. (1) Commitment to any institution or facility 183
within the jurisdiction of the department shall be to the 184
department, not to a particular institution or facility. The 185
commissioner shall assign a newly committed offender to an 186
appropriate facility consistent with public safety; provided, 187
however, that any offender who, in the opinion of the sentencing 188
judge, requires confinement in a maximum security unit shall be 189
assigned, upon initial commitment, to the Parchman facility. The 190
commissioner may extend the place of confinement of eligible 191
offenders as provided under subsection (2) of this section. He 192
may transfer an offender from one (1) institution to another, 193
consistent with the commitment and in accordance with treatment, 194
training and security needs. The commissioner shall have the 195
authority to transfer inmates from the various correctional 196
facilities of the department to restitution centers * * *. The 197
commissioner shall prepare appropriate standards of eligibility 198
for such transfers of offenders from one (1) institution to 199
another institution and transfers of offenders who meet the 200
qualifications for placement in restitution centers. The 201
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commissioner shall have the authority to remove the offenders from 202
restitution centers and to transfer them to other facilities of 203
the department. The commissioner shall obtain the approval of the 204
sentencing court before transferring an offender committed to the 205
department to a restitution center. On the request of the chief 206
executive officer of the affected unit of local government, the 207
commissioner may transfer a person detained in a local facility to 208
a state facility. The commissioner shall determine the cost of 209
care for that person to be borne by the unit of local government. 210
The commissioner may assign to a community work center, any 211
offender who is convicted under the Mississippi Implied Consent 212
Law and who is sentenced to the custody of the Department of 213
Corrections, except that if a death or a serious maiming has 214
occurred during the commission of the violation of the Mississippi 215
Implied Consent Law, then the offender so convicted may not be 216
assigned to a community work center. 217
(2) The department may establish by rule or policy and 218
procedure a community prerelease program which shall be subject to 219
the following requirements: 220
(a) The commissioner may extend the limits of 221
confinement of offenders serving sentences for violent or 222
nonviolent crimes who have six (6) months or less remaining before 223
release on parole, conditional release or discharge to participate 224
in the program. Parole violators may be allowed to participate in 225
the program. 226
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(b) Any offender who is referred to the program shall 227
remain an offender of the department and shall be subject to rules 228
and regulations of the department pertaining to offenders of the 229
department until discharged or released on parole or conditional 230
release by the State Parole Board. 231
(c) The department shall require the offender to 232
participate in work or educational or vocational programs and 233
other activities that may be necessary for the supervision and 234
treatment of the offender. 235
(d) An offender assigned to the program shall be 236
authorized to leave a community prerelease center only for the 237
purpose and time necessary to participate in the program and 238
activities authorized in paragraph (c) of this subsection. 239
(3) The commissioner shall have absolute immunity from 240
liability for any injury resulting from a determination by the 241
commissioner that an offender shall be allowed to participate in 242
the community prerelease program. 243
(4) (a) The department may by rule or policy and procedure 244
provide evidence-based programs for the benefit of inmates, with 245
emphasis on those that are targeted at reducing inmate recidivism 246
and prerelease service for offenders at each of its major 247
correctional facilities: Mississippi State Penitentiary, Central 248
Mississippi Correctional Institution and South Mississippi 249
Correctional Institution and other facilities where the department 250
confines state inmates. 251
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ST: Use of restitution centers by DOC; repeal
and convert centers into post-release reentry
centers.
(b) The commissioner may establish prerelease programs 252
at the South Mississippi Correctional Institution. The prerelease 253
program may be located on the grounds of this facility or another 254
facility designated by the commissioner. 255
(c) For purposes of this subsection, the term 256
"evidence-based programs" shall have ascribed to it the meaning in 257
Section 27-103-159. 258
SECTION 5. The term "restitution center" appearing in the 259
laws of this state shall mean "post-release reentry center" 260
whenever it appears in Sections 25-3-25, 45-33-27, 45-44-35, 261
47-5-10, 47-5-26, 47-5-110, 47-5-194 and 47-7-37. 262
SECTION 6. Section 99-37-19, Mississippi Code of 1972, which 263
authorizes the Department of Corrections to operate restitution 264
centers, is hereby repealed. 265
SECTION 7. Section 99-37-21, Mississippi Code of 1972, which 266
provides certain powers and duties of the Department of Human 267
Services and the Department of Corrections regarding restitution 268
centers, is hereby repealed. 269
SECTION 8. This act shall take effect and be in force from 270
and after July 1, 2026. 271