Corrections Overview Task Force; establish and repeal Corrections and Criminal Justice Task Force.

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To: Corrections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Currie

COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 1739

AN ACT TO ESTABLISH THE CORRECTIONS OVERVIEW TASK FORCE; TO 1
PROVIDE THE MEMBERSHIP OF THE TASK FORCE; TO PRESCRIBE THE POWERS 2
AND DUTIES OF SUCH TASK FORCE; TO AMEND SECTIONS 47-5-10, 3
47-5-473, 47-5-579 AND 47-7-3, MISSISSIPPI CODE OF 1972, TO 4
PROVIDE THAT CERTAIN DUTIES SHALL BE PERFORMED BY THE CORRECTIONS 5
OVERVIEW TASK FORCE RATHER THAN THE CORRECTIONS AND CRIMINAL 6
JUSTICE TASK FORCE; TO REPEAL SECTION 47-5-6, MISSISSIPPI CODE OF 7
1972, WHICH CREATES THE CORRECTIONS AND CRIMINAL JUSTICE TASK 8
FORCE AS WELL AS PROVIDES ITS DUTIES, IS REPEALED; AND FOR RELATED 9
PURPOSES. 10
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 11
SECTION 1. (1) There is hereby established a committee to 12
be known as the Corrections Overview Task Force, hereinafter 13
called the Overview Task Force. 14
(2) The Overview Task Force shall be composed of the 15
following thirteen (13) members: 16
(a) The Chairs of the House and Senate Corrections 17
Committees, or their designees who must be members of the 18
Corrections Committees; 19
(b) The Chairs of the House and Senate Accountability, 20
Efficiency and Transparency Committees, or their designees who 21
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must be members of the Accountability, Efficiency and Transparency 22
Committees; 23
(c) The Commissioner of the Department of Corrections, 24
or his designee who must be a deputy commissioner; 25
(d) The Office of the State Public Defender shall 26
appoint one (1) member to represent the public defender's office; 27
(e) The Chief Justice of the Mississippi Supreme Court 28
shall appoint one (1) member of the circuit court; 29
(f) The Executive Director of the Joint Legislative 30
Committee on Performance Evaluation and Expenditure Review, or his 31
designee; 32
(g) The Chair of the Mississippi State Parole Board, or 33
his designee who must be a member of the board; 34
(h) The Commissioner of the Department of Public 35
Safety, or his designee who must be a deputy commissioner; 36
(i) The President of the Mississippi Sheriffs' 37
Association, or his designee; 38
(j) The Attorney General shall appoint one (1) member 39
representing the victims' community; and 40
(k) The Speaker of the Mississippi House of 41
Representatives shall appoint one (1) advocate for offenders and 42
families who have been directly affected by the prison justice 43
system. The appointment made pursuant to this paragraph (k) shall 44
occur on July 1, 2026. 45
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(3) The task force shall meet on or before July 15, 2026, at 46
the call of the Commissioner of the Department of Corrections and 47
organize itself by electing one (1) of its members as chair and 48
such other officers as the task force may consider necessary. 49
Thereafter, the task force shall meet at least every other month 50
and at the call of the chair or by a majority of the members. A 51
quorum consists of seven (7) members. Members of the task force 52
shall serve without compensation. 53
(4) The task force shall have the following powers and 54
duties: 55
(a) Analyze data concerning complaints received by the 56
Department of Corrections related to deaths, suicides and suicide 57
attempts of inmates; 58
(b) Track and assess outcomes from the recommendations 59
in the Corrections and Criminal Justice Task Force report of 60
December 2013; 61
(c) Analyze data related to parole issues and case 62
manager plan effectiveness for inmates to determine the transition 63
readiness of inmates once paroled; 64
(d) Analyze data related to illegal drug use of inmates 65
while incarcerated; 66
(e) Analyze data related to programs offered to 67
inmates, such programs shall include, but are not limited to, 68
educational and rehabilitative; 69
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(f) Monitor compliance with sentencing standards, 70
assess their impact on the correctional resources of the state and 71
determine if the standards advance the adopted sentencing policy 72
goals of the state; 73
(g) Review the classifications of crimes and sentences 74
and make recommendations for change when supported by information 75
that change is advisable to further the adopted sentencing policy 76
goals of the state; 77
(h) Prepare and submit an annual report no later than 78
the first day of the second full week of each regular session of 79
the Legislature on the outcome and performance measures to the 80
Legislature, Governor and Chief Justice concerning the Overview 81
Task Force findings. The report shall include recommendations for 82
improvements, recommendations on transfers of funding based on the 83
success or failure of implementation of the recommendations, and a 84
summary of savings. The report may also present additional 85
recommendations to the Legislature on future legislation and 86
policy options to enhance public safety and control corrections 87
costs; 88
(i) To undertake such additional studies or evaluations 89
as the Overview Task Force considers necessary to provide 90
corrections reform information and analysis; 91
(j) Prepare and conduct annual continuing legal 92
education seminars regarding the sentencing guidelines and 93
corrections reforms to be presented to judges, prosecuting 94
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attorneys and their deputies, and public defenders and their 95
deputies, as so required; 96
(k) Develop a research and analysis system to determine 97
the feasibility, impact on resources, and budget consequences of 98
any proposed or existing legislation affecting sentence length; 99
(l) Request, review, and receive data and reports on 100
performance outcome measures as related to Chapter 457, Laws of 101
2014; 102
(m) The Overview Task Force shall use clerical and 103
professional employees of the Joint Legislative Committee on 104
Performance Evaluation and Expenditure Review (PEER) for its 105
staff; 106
(n) The Overview Task Force may employ or retain other 107
professional staff, upon the determination of the necessity for 108
other staff; 109
(o) The Oversight Task Force is encouraged to apply for 110
and may expend grants, gifts, or federal funds it receives from 111
other sources to carry out its duties and responsibilities. 112
(5) (a) In addition to the powers and duties set out under 113
this section, the Overview Task Force shall examine unexpected 114
fatalities of inmates. 115
(b) To carry out the duty prescribed in paragraph (a) 116
of this subsection, the Overview Task Force shall assemble 117
individuals with appropriate expertise including, but not limited 118
to, individuals whose professional expertise is pertinent to the 119
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dynamics of an unexpected fatality case. The Overview Task Force 120
shall ensure that while examining unexpected fatalities made up of 121
individuals who had no previous involvement in the unexpected 122
fatality review case. 123
(c) The primary purpose of the Overview Task Force 124
while examining unexpected fatalities shall be the development of 125
recommendations for the Department of Corrections and legislature 126
regarding changes in practices or policies to prevent fatalities 127
and strengthen safety and health protections for prisoners in the 128
custody of the Department of Corrections. 129
(d) Upon conclusion of an unexpected fatality review 130
required pursuant to this subsection, the Overview Task Force 131
shall, within 120 days following the fatality, issue a report on 132
the results of the review, unless an extension has been granted by 133
the Governor. Reports must be distributed to Speaker of the House 134
of Representatives, Lieutenant Governor and Governor, and the 135
Overview Task Force shall create a public website where all 136
unexpected fatality review reports required under this subsection 137
must be posted and maintained. An unexpected fatality review 138
report completed pursuant to this subsection is subject to public 139
disclosure and must be posted on the public website, except that 140
confidential information may be redacted by the department 141
consistent with the requirements of applicable state and federal 142
laws. 143
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(e) Within ten (10) days of completion of an unexpected 144
fatality review under this subsection, the Overview Task Force 145
shall develop an associated corrective action plan to implement 146
any of the Overview Task Force's recommendations in the unexpected 147
fatality review report. Corrective action plans shall be 148
implemented within 120 days by the Department of Corrections, 149
unless an extension has been granted by the governor. Corrective 150
action plans are subject to public disclosure, and must be posted 151
on the Overview Task Force website in accordance with (d) of this 152
subsection, except that confidential information may be redacted 153
by the task force consistent with the requirements of applicable 154
state and federal laws. 155
(f) The Overview Task Force shall develop and implement 156
procedures to carry out the requirements of this subsection. 157
(g) In any review of an unexpected fatality, the 158
Overview Task Force shall have access to all records and files 159
regarding the person or otherwise relevant to the review that have 160
been produced or retained by an agency who has provided care, 161
supervision or services to the deceased inmate. 162
(h) (i) An unexpected fatality review completed 163
pursuant to this subsection is subject to discovery in a civil or 164
administrative proceeding, but may not be admitted into evidence 165
or otherwise used in a civil or administrative proceeding except 166
pursuant to this subsection. 167
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(ii) Members of the Overview Task Force may not be 168
examined in a civil or administrative proceeding regarding: 1. 169
The work of the unexpected fatality review; 2. the incident under 170
review; 3. his or her statements, deliberations, thoughts, 171
analyses, or impressions relating to the work of the unexpected 172
fatality review or the incident under review; or 4. the 173
statements, deliberations, thoughts, analyses, or impressions of 174
any other member of the unexpected fatality review, or any person 175
who provided information to the Overview Force relating to the 176
work of the Overview Task Force or the incident under review. 177
(i) Documents prepared by or for the Overview Task 178
Force are inadmissible and may not be used in a civil or 179
administrative proceeding, except that any document that exists 180
before its use or consideration in an unexpected fatality review, 181
or that is created independently of such review, does not become 182
inadmissible merely because it is reviewed or used by the Overview 183
Task Force. A person is not unavailable as a witness merely 184
because the person has been interviewed by, or has provided a 185
statement for, an unexpected fatality review, but if the person is 186
called as a witness, the person may not be examined regarding the 187
person's interactions with the unexpected fatality review 188
including, without limitation, whether the person was interviewed 189
during such review, the questions that were asked during such 190
review, and the answers that the person provided during such 191
review. This subsection may not be construed as restricting the 192
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person from testifying fully in any proceeding regarding his or 193
her knowledge of the incident under review. 194
(j) The restrictions set forth in this subsection do 195
not apply in a licensing or disciplinary proceeding arising from 196
an agency's effort to revoke or suspend the license of any 197
licensed professional based in whole or in part upon allegations 198
of wrongdoing in connection with an unexpected fatality reviewed 199
by the Overview Task Force. 200
(k) As used in this subsection the term "unexpected 201
fatality review" means a review of any death that was not the 202
result of a diagnosed or documented terminal illness or other 203
debilitating or deteriorating illness or condition where the death 204
was anticipated, and includes the death of any person under the 205
jurisdiction of the department, except those individuals on 206
probation, parole or intensive supervision under the supervision 207
of the Department of Corrections, regardless of where the death 208
actually occurred. A review must include an analysis of the root 209
cause or causes of the unexpected fatality, and an associated 210
corrective action plan for the Department of Corrections to 211
address identified root causes and recommendations made by the 212
Overview Review Task Force under this subsection. 213
SECTION 2. Section 47-5-10, Mississippi Code of 1972, is 214
amended as follows: 215
47-5-10. (1) The department shall have the following powers 216
and duties: 217
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(a) To accept adult offenders committed to it by the 218
courts of this state for incarceration, care, custody, treatment 219
and rehabilitation; 220
(b) To provide for the care, custody, study, training, 221
supervision and treatment of adult offenders committed to the 222
department; 223
(c) To maintain, administer and exercise executive and 224
administrative supervision over all state correctional 225
institutions and facilities used for the custody, training, care, 226
treatment and after-care supervision of adult offenders committed 227
to the department; provided, however, that such supervision shall 228
not extend to any institution or facility for which executive and 229
administrative supervision has been provided by law through 230
another agency; 231
(d) To plan, develop and coordinate a statewide, 232
comprehensive correctional program designed to train and 233
rehabilitate offenders in order to prevent, control and retard 234
recidivism; 235
(e) To maintain records of persons committed to it, and 236
to establish programs of research, statistics and planning: 237
(i) An offender's records shall include a single 238
cover sheet that contains the following information about the 239
offender: name, including any aliases; department inmate number; 240
social security number; photograph; court of conviction; cause 241
number; date of conviction; date of sentence; total number of days 242
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in the department's custody or number of days creditable toward 243
time served on each charge; date of actual custody; and date of 244
any revocation of a suspended sentence; 245
(ii) The department shall maintain an offender's 246
cover sheet in the course of its regularly conducted business 247
activities and shall include an offender's cover sheet in each 248
request from a court, prosecutor or law enforcement agency for a 249
summary of an offender's records with the department, also known 250
as a "pen-pack." The cover sheet shall conform to Rules 803(6) 251
and 803(8) of the Mississippi Rules of Evidence for admission as 252
an exception to the hearsay rule and may be admissible when 253
properly authenticated according to evidentiary rules and when 254
offered for the purpose of enhanced sentencing under Section 255
41-29-147, 99-19-81 or 99-19-83 or other similar purposes; and 256
(iii) This subsection is not intended to conflict 257
with an offender's right of confrontation in criminal proceedings 258
under the state or federal constitution; 259
(f) To investigate the grievances of any person 260
committed to the department, and to inquire into any alleged 261
misconduct by employees; and for this purpose it may issue 262
subpoenas and compel the attendance of witnesses and the 263
production of writings and papers, and may examine under oath any 264
witnesses who may appear before it; 265
(g) To administer programs of training and development 266
of personnel of the department; 267
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(h) To develop and implement diversified programs and 268
facilities to promote, enhance, provide and assure the 269
opportunities for the successful custody, training and treatment 270
of adult offenders properly committed to the department or 271
confined in any facility under its control. Such programs and 272
facilities may include, but not be limited to, institutions, group 273
homes, halfway houses, diagnostic centers, work and educational 274
release centers, technical violation centers, restitution centers, 275
counseling and supervision of probation, parole, suspension and 276
compact cases, presentence investigating and other state and local 277
community-based programs and facilities; 278
(i) To receive, hold and use, as a corporate body, any 279
real, personal and mixed property donated to the department, and 280
any other corporate authority as shall be necessary for the 281
operation of any facility at present or hereafter; 282
(j) To provide those personnel, facilities, programs 283
and services the department shall find necessary in the operation 284
of a modern correctional system for the custody, care, study and 285
treatment of adult offenders placed under its jurisdiction by the 286
courts and other agencies in accordance with law; 287
(k) To develop the capacity and administrative network 288
necessary to deliver advisory consultation and technical 289
assistance to units of local government for the purpose of 290
assisting them in developing model local correctional programs for 291
adult offenders; 292
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(l) To cooperate with other departments and agencies 293
and with local communities for the development of standards and 294
programs for better correctional services in this state; 295
(m) To administer all monies and properties of the 296
department; 297
(n) To report annually to the Legislature and the 298
Governor on the committed persons, institutions and programs of 299
the department; 300
(o) To cooperate with the courts and with public and 301
private agencies and officials to assist in attaining the purposes 302
of this chapter and Chapter 7 of this title. The department may 303
enter into agreements and contracts with other departments of 304
federal, state or local government and with private agencies 305
concerning the discharge of its responsibilities or theirs. The 306
department shall have the authority to accept and expend or use 307
gifts, grants and subsidies from public and private sources; 308
(p) To make all rules and regulations and exercise all 309
powers and duties vested by law in the department; 310
(q) The department may require a search of all persons 311
entering the grounds and facilities at the correctional system; 312
(r) To submit, in a timely manner, to the * * * 313
Corrections Overview Task Force established in * * * Section 1 of 314
this act any reports required by law or regulation or requested by 315
the task force; and 316
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(s) To discharge any other power or duty imposed or 317
established by law. 318
(2) The department is hereby established as a Local 319
Educational Agency and an Educational Service Agency both as 320
defined in 34 CFR Section 300, to receive Title I, Part B funding 321
and other available funding and to provide educational services to 322
eligible incarcerated students. The department is authorized, if 323
necessary, to adopt policies and procedures to carry out its 324
responsibilities as a Local Educational Agency and an Educational 325
Service Agency. 326
SECTION 3. Section 47-5-473, Mississippi Code of 1972, is 327
amended as follows: 328
47-5-473. (1) The Sheriffs of Rankin County, Harrison 329
County, Lee County and Hinds County are authorized to establish a 330
Pilot Work Release Program. No person sentenced for a crime 331
listed in Section 97-3-2 shall be eligible for participation in 332
the program established under this section. During the pilot 333
phase of the program, there shall be a limit of twenty-five (25) 334
people in the program at a time. 335
(2) The sheriff shall collect and maintain data which shall 336
be shared semiannually with the Joint Legislative Committee on 337
Performance Evaluation and Expenditure Review (PEER) and the * * * 338
Corrections Overview Task Force in sortable electronic format. 339
The first report shall be made before January 15, 2022, and in 340
six-month intervals thereafter. The data shall include: 341
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(a) Total number of participants at the beginning of 342
each month by race, gender, and offenses charged; 343
(b) Total number of participants at the end of each 344
month by race, gender, and offenses charged; 345
(c) Total number of participants who began the program 346
in each month by race, gender, and offenses charged; 347
(d) Total number of participants who successfully 348
completed the program in each month by race, gender, and offenses 349
charged; 350
(e) Total number of participants who left the program 351
in each month and reason for leaving by race, gender, and offenses 352
charged; 353
(f) Total number of participants who were arrested for 354
a new criminal offense while in the program in each month by race, 355
gender, and offenses charged; 356
(g) Total number of participants who were convicted of 357
a new crime while in the program in each month by race, gender, 358
and offenses charged; 359
(h) Total number of participants who completed the 360
program and were convicted of a new crime within three (3) years 361
of completing the program; 362
(i) Total amount earned by participants and how the 363
earnings were distributed in each month; 364
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(j) Results of any initial risk and needs assessments 365
conducted on each participant by race, gender, and offenses 366
charged; and 367
(k) Any other data or information as requested by the 368
task force. 369
(3) Any person who has been sentenced to confinement in jail 370
or who has been sentenced for a felony conviction but is confined 371
in a jail may request assignment to the work release program 372
established under this section. Admission to the program shall be 373
in the discretion of the sheriff. The sheriff may further 374
authorize the offender to participate in educational or other 375
rehabilitative programs designed to supplement his work release 376
employment or to prepare the person for successful reentry. No 377
offender shall be eligible for this program if he or she has more 378
than one (1) year remaining on his or her sentence. 379
(4) The sheriff shall adopt and publish rules and 380
regulations prior to accepting inmates. These rules and 381
regulations shall at a minimum include all requirements for work 382
release programs established pursuant to Sections 47-5-451 through 383
47-5-471. Participating employers shall pay no less than the 384
prevailing wage for the position and shall under no circumstance 385
pay less than the federal minimum wage. 386
(5) Any offender assigned to such a program by the sheriff 387
who, without proper authority or just cause, leaves the area to 388
which he has been assigned to work or attend educational or other 389
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rehabilitative programs, or leaves the vehicle or route of travel 390
involved in his or her going to or returning from such place, will 391
be guilty of escape as provided in Section 97-9-49. An offender 392
who is found guilty under this section shall be ineligible for 393
further participation in a work release program during his or her 394
current term of confinement. 395
(6) (a) The offender shall maintain an account through a 396
local financial institution and shall provide a copy of a check 397
stub to the sheriff. 398
(b) The offender shall be required: 399
(i) To pay twenty-five percent (25%) of his or her 400
wages after mandatory deductions for the following purposes: 401
1. To pay support of dependents or to the 402
Mississippi Department of Human Services on behalf of dependents 403
as may be ordered by a judge of competent jurisdiction; and 404
2. To pay any fines, restitution, or costs as 405
ordered by the court to include any fines and fees associated with 406
obtaining a valid driver's license upon release. 407
(ii) To pay fifteen percent (15%) of the 408
offender's wages to the sheriff's department for administrative 409
expenses to include transportation costs. 410
(iii) To save fifty percent (50%) of the 411
offender's wages in the account required under paragraph (a) of 412
this subsection. Monies under this subparagraph shall be made 413
available to the offender upon parole or release. 414
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(c) The offender shall have access to the remaining ten 415
percent (10%) of the monies in his or her account to purchase 416
incidental expenses. 417
(d) Any monies remaining under paragraph (a) of this 418
subsection after all mandatory deductions are paid, shall be 419
deposited in the inmate's account established under this 420
subsection. Any monies remaining upon release in paragraph (c) of 421
this subsection shall be released to the inmate. 422
(7) The Joint Legislative Committee on Performance 423
Evaluation and Expenditure Review (PEER) shall conduct a review of 424
the work release program established under this section and 425
beginning in 2024 produce an annual report due December 1 each 426
year to the Legislature on the effectiveness of the program. The 427
PEER Committee shall seek the assistance of the * * * Corrections 428
Overview Task Force and may seek assistance from any other 429
criminal justice experts it deems necessary during its review. 430
(8) This section shall stand repealed on July 1, 2027. 431
SECTION 4. Section 47-5-579, Mississippi Code of 1972, is 432
amended as follows: 433
47-5-579. (1) (a) The corporation shall operate a work 434
initiative at the Central Mississippi Correctional Facility, South 435
Mississippi Correctional Institution, Mississippi State 436
Penitentiary and the Mississippi Correctional Institute for Women, 437
and is authorized, in its discretion, to create a work initiative 438
at any other correctional facility listed in Section 47-5-539(d). 439
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In lieu of a work initiative created by the corporation, the 440
warden or superintendent or sheriff at any regional and private 441
facility listed in Section 47-5-539 is authorized to create a work 442
initiative at their respective facility consistent with the 443
provisions and requirements of this section. Each initiative 444
shall be limited to no more than twenty-five (25) inmates in the 445
state, regional or private facility at any given time. 446
(b) The department, with regard to a work initiative in 447
an MDOC facility, shall: 448
(i) Have the ultimate authority for oversight of 449
the administration of the initiative; 450
(ii) Delegate the administration of the initiative 451
to the corporation; and 452
(iii) Oversee the selection of inmates for 453
admission to the initiative. 454
(c) The sheriff, with regard to a work initiative at a 455
regional facility, shall: 456
(i) Have the ultimate authority for oversight of 457
the administration of the initiative; 458
(ii) Oversee the selection of inmates for 459
admission to the initiative; and 460
(iii) Work with the department and the corporation 461
to establish guidelines for the initiative and develop a report 462
thereon. 463
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(2) (a) An inmate is eligible for participation in the 464
initiative if the inmate has: 465
(i) No more than two (2) years remaining on the 466
inmate's sentence; 467
(ii) Not been convicted under Section 97-9-49 468
within the last five (5) years; and 469
(iii) Not been sentenced for a sex offense as 470
defined in Section 45-33-23(h). 471
(b) Any inmate who meets the eligibility requirements 472
of paragraph (a) may request assignment to a work initiative 473
established under this section. 474
(3) (a) The commissioner, in the case of MDOC facilities, 475
or the warden, superintendent, sheriff or similar leader in the 476
case of regional and private facilities, shall select inmates for 477
admission to the program. 478
(b) An inmate currently participating in vocational 479
training or a soft skills training program at a facility 480
authorized to operate a work initiative shall have priority in 481
admission to the program. 482
(4) (a) The chief executive officer, in the case of MDOC 483
facilities, or the warden, superintendent, sheriff or similar 484
leader in the case of regional and private facilities, may 485
authorize the inmate to participate in educational or other 486
rehabilitative programs designed to supplement his work initiative 487
employment or to prepare the person for successful reentry. 488
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(b) Before accepting any participants to the program, 489
the corporation, in consultation with the department, shall adopt 490
and publish rules and regulations to effectuate this section no 491
later than six (6) months after the effective date of this 492
section. These rules and regulations shall include all protection 493
requirements for work release programs established pursuant to 494
Sections 47-5-451 through 47-5-471. 495
(5) Participating employers shall pay no less than the 496
prevailing wage for the position and shall under no circumstance 497
pay less than the federal minimum wage. 498
(6) Any inmate assigned to the initiative who, without 499
proper authority or just cause, leaves the area to which he has 500
been assigned to work or attend educational or other 501
rehabilitative programs, or leaves the vehicle or route of travel 502
involved in his or her going to or returning from such place, will 503
be guilty of escape as provided in Section 97-9-49. An offender 504
who is convicted under Section 97-9-49 shall be ineligible for 505
further participation in the work initiative during his or her 506
current term of confinement. 507
(7) (a) The inmate shall maintain an account through a 508
local financial institution and shall provide a copy of a check 509
stub to the chief executive officer, the warden, the 510
superintendent or the sheriff at a regional facility, as the case 511
may be. 512
(b) The inmate shall be required: 513
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(i) To pay twenty-five percent (25%) of the 514
inmate's wages after mandatory deductions for the following 515
purposes: 516
1. To pay support of dependents or to the 517
Mississippi Department of Human Services on behalf of dependents 518
as may be ordered by a judge of competent jurisdiction; and 519
2. To pay any fines, restitution, or costs as 520
ordered by the court to include any fines and fees associated with 521
obtaining a valid driver's license upon release. 522
(ii) To pay fifteen percent (15%) of the inmate's 523
wages to the corporation for administrative expenses to include 524
transportation costs to be remitted to the state, regional or 525
private facility where the inmate is housed. In the case of state 526
facilities, the administrative expense reimbursement shall be paid 527
to the corporation; in the case of regional facilities, the 528
administrative expense reimbursement shall be paid to the 529
sheriff's department; in the case of private facilities the 530
administrative expense reimbursement shall be paid to the 531
contractor overseeing the facility. 532
(iii) To save fifty percent (50%) of the inmate's 533
wages in the account required under paragraph (a) of this 534
subsection. Monies under this subparagraph shall be made 535
available to the inmate upon parole or release. 536
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(c) The inmate shall have access to the remaining ten 537
percent (10%) of the monies in the inmate's account to purchase 538
incidental expenses. 539
(d) Any monies remaining under paragraph (a) of this 540
subsection after all mandatory deductions are paid, shall be 541
deposited in the inmate's account established under this 542
subsection. Any monies remaining upon release in paragraph (c) of 543
this subsection shall be released to the inmate. 544
(8) The chief executive officer of the corporation shall 545
collect and maintain data which shall be shared semiannually with 546
the Joint Legislative Committee on Performance Evaluation and 547
Expenditure Review (PEER) and the * * * Corrections Overview Task 548
Force in sortable electronic format. The first report shall be 549
made on January 15, 2023, and in six-month intervals thereafter 550
unless PEER establishes a different schedule. The data shall 551
include: 552
(a) Total number of participants at the end of each 553
month by race, gender, and offenses charged; 554
(b) Total number of participants who began the program 555
in each month by race, gender, and offenses charged; 556
(c) Total number of participants who successfully 557
completed the program in each month by race, gender, and offenses 558
charged; 559
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(d) Total number of participants who left the program 560
in each month and reason for leaving by race, gender, and offenses 561
charged; 562
(e) Total number of participants who were arrested for 563
a new criminal offense while in the program in each month by race, 564
gender and offenses charged; 565
(f) Total number of participants who were convicted of 566
a new crime while in the program in each month by race, gender and 567
offenses charged; 568
(g) Total number of participants who completed the 569
program and were convicted of a new crime within three (3) years 570
of completing the program; 571
(h) Total amount earned by participants and how the 572
earnings were distributed in each month; 573
(i) Results of any initial risk and needs assessments 574
conducted on each participant by race, gender, and offenses 575
charged; 576
(j) List of participating employers; 577
(k) List of jobs acquired by participants; 578
(l) List of the hourly wage paid to each participant; 579
(m) Accounting of the manner and use of the ten percent 580
(10%) of the wages paid to the corporation by the inmate for 581
administrative expenses; 582
(n) Total costs associated with program operations; 583
(o) List of participating financial institutions; 584
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(p) The number of accounts opened by participants at 585
financial institutions; 586
(q) The average hourly wage earned in the program; and 587
(r) Any other data or information as requested by the 588
task force. 589
(9) The Joint Legislative Committee on Performance 590
Evaluation and Expenditure Review (PEER) shall conduct a review of 591
the initiative, including any expansion of the initiative 592
authorized under this section, and produce an annual report to the 593
Legislature on their effectiveness by January 1 of each year. The 594
PEER Committee shall seek the assistance of the * * * Corrections 595
Overview Task Force and may seek assistance from any other 596
criminal justice experts it deems necessary during its review. 597
SECTION 5. Section 47-7-3, Mississippi Code of 1972, is 598
amended as follows: 599
47-7-3. (1) Every prisoner who has been convicted of any 600
offense against the State of Mississippi, and is confined in the 601
execution of a judgment of such conviction in the Mississippi 602
Department of Corrections for a definite term or terms of one (1) 603
year or over, or for the term of his or her natural life, whose 604
record of conduct shows that such prisoner has observed the rules 605
of the department, and who has served the minimum required time 606
for parole eligibility, may be released on parole as set forth 607
herein: 608
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(a) Habitual offenders. Except as provided by Sections 609
99-19-81 through 99-19-87, no person sentenced as a confirmed and 610
habitual criminal shall be eligible for parole; 611
(b) Sex offenders. Any person who has been sentenced 612
for a sex offense as defined in Section 45-33-23(h) shall not be 613
released on parole except for a person under the age of nineteen 614
(19) who has been convicted under Section 97-3-67; 615
(c) Capital offenders. No person sentenced for the 616
following offenses shall be eligible for parole: 617
(i) Capital murder committed on or after July 1, 618
1994, as defined in Section 97-3-19(2); 619
(ii) Any offense to which an offender is sentenced 620
to life imprisonment under the provisions of Section 99-19-101; or 621
(iii) Any offense to which an offender is 622
sentenced to life imprisonment without eligibility for parole 623
under the provisions of Section 99-19-101, whose crime was 624
committed on or after July 1, 1994; 625
(d) Murder. No person sentenced for murder in the 626
first degree, whose crime was committed on or after June 30, 1995, 627
or murder in the second degree, as defined in Section 97-3-19, 628
shall be eligible for parole; 629
(e) Human trafficking. No person sentenced for human 630
trafficking, as defined in Section 97-3-54.1, whose crime was 631
committed on or after July 1, 2014, shall be eligible for parole; 632
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(f) Drug trafficking. No person sentenced for 633
trafficking and aggravated trafficking, as defined in Section 634
41-29-139(f) through (g), shall be eligible for parole; 635
(g) Offenses specifically prohibiting parole release. 636
No person shall be eligible for parole who is convicted of any 637
offense that specifically prohibits parole release; 638
(h) (i) Offenders eligible for parole consideration 639
for offenses committed after June 30, 1995. Except as provided in 640
paragraphs (a) through (g) of this subsection, offenders may be 641
considered eligible for parole release as follows: 642
1. Nonviolent crimes. All persons sentenced 643
for a nonviolent offense shall be eligible for parole only after 644
they have served twenty-five percent (25%) or ten (10) years, 645
whichever is less, of the sentence or sentences imposed by the 646
trial court. For purposes of this paragraph, "nonviolent crime" 647
means a felony not designated as a crime of violence in Section 648
97-3-2. 649
2. Violent crimes. A person who is sentenced 650
for a violent offense as defined in Section 97-3-2, except robbery 651
with a deadly weapon as defined in Section 97-3-79, drive-by 652
shooting as defined in Section 97-3-109, and carjacking as defined 653
in Section 97-3-117, shall be eligible for parole only after 654
having served fifty percent (50%) or twenty (20) years, whichever 655
is less, of the sentence or sentences imposed by the trial court. 656
Those persons sentenced for robbery with a deadly weapon as 657
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defined in Section 97-3-79, drive-by shooting as defined in 658
Section 97-3-109, and carjacking as defined in Section 97-3-117, 659
shall be eligible for parole only after having served sixty 660
percent (60%) or twenty-five (25) years, whichever is less, of the 661
sentence or sentences imposed by the trial court. 662
3. Nonviolent and nonhabitual drug offenses. 663
A person who has been sentenced to a drug offense pursuant to 664
Section 41-29-139(a) through (d), whose crime was committed after 665
June 30, 1995, shall be eligible for parole only after he has 666
served twenty-five percent (25%) or ten (10) years, whichever is 667
less, of the sentence or sentences imposed. 668
(ii) Parole hearing required. All persons 669
eligible for parole under subparagraph (i) of this paragraph (h) 670
who are serving a sentence or sentences for a crime of violence, 671
as defined in Section 97-3-2, shall be required to have a parole 672
hearing before the Parole Board pursuant to Section 47-7-17, prior 673
to parole release. 674
(iii) Geriatric parole. Notwithstanding the 675
provisions in subparagraph (i) of this paragraph (h), a person 676
serving a sentence who has reached the age of sixty (60) or older 677
and who has served no less than ten (10) years of the sentence or 678
sentences imposed by the trial court shall be eligible for parole. 679
Any person eligible for parole under this subparagraph (iii) shall 680
be required to have a parole hearing before the board prior to 681
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parole release. No inmate shall be eligible for parole under this 682
subparagraph (iii) of this paragraph (h) if: 683
1. The inmate is sentenced as a habitual 684
offender under Sections 99-19-81 through 99-19-87; 685
2. The inmate is sentenced for a crime of 686
violence under Section 97-3-2; 687
3. The inmate is sentenced for an offense 688
that specifically prohibits parole release; 689
4. The inmate is sentenced for trafficking in 690
controlled substances under Section 41-29-139(f); 691
5. The inmate is sentenced for a sex crime; 692
or 693
6. The inmate has not served one-fourth (1/4) 694
of the sentence imposed by the court. 695
(iv) Parole consideration as authorized by the 696
trial court. Notwithstanding the provisions of paragraph (a) of 697
this subsection, any offender who has not committed a crime of 698
violence under Section 97-3-2 and has served twenty-five percent 699
(25%) or more of his sentence may be paroled by the State Parole 700
Board if, after the sentencing judge or if the sentencing judge is 701
retired, disabled or incapacitated, the senior circuit judge 702
authorizes the offender to be eligible for parole consideration; 703
or if the senior circuit judge must be recused, another circuit 704
judge of the same district or a senior status judge may hear and 705
decide the matter. A petition for parole eligibility 706
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consideration pursuant to this subparagraph (iv) shall be filed in 707
the original criminal cause or causes, and the offender shall 708
serve an executed copy of the petition on the District Attorney. 709
The court may, in its discretion, require the District Attorney to 710
respond to the petition. 711
(2) The State Parole Board shall, by rules and regulations, 712
establish a method of determining a tentative parole hearing date 713
for each eligible offender taken into the custody of the 714
Department of Corrections. The tentative parole hearing date 715
shall be determined within ninety (90) days after the department 716
has assumed custody of the offender. Except as provided in 717
Section 47-7-18, the parole hearing date shall occur when the 718
offender is within thirty (30) days of the month of his parole 719
eligibility date. Any parole eligibility date shall not be 720
earlier than as required in this section. 721
(3) Notwithstanding any other provision of law, an inmate 722
shall not be eligible to receive earned time, good time or any 723
other administrative reduction of time which shall reduce the time 724
necessary to be served for parole eligibility as provided in 725
subsection (1) of this section. 726
(4) Any inmate within forty-eight (48) months of his parole 727
eligibility date and who meets the criteria established by the 728
classification board shall receive priority for placement in any 729
educational development and job-training programs that are part of 730
his or her parole case plan. Any inmate refusing to participate 731
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in an educational development or job-training program, including, 732
but not limited to, programs required as part of the case plan, 733
shall be in jeopardy of noncompliance with the case plan and may 734
be denied parole. 735
(5) In addition to other requirements, if an offender is 736
convicted of a drug or driving under the influence felony, the 737
offender must complete a drug and alcohol rehabilitation program 738
prior to parole, or the offender shall be required to complete a 739
postrelease drug and alcohol program as a condition of parole. 740
(6) Except as provided in subsection (1)(a) through (h) of 741
this section, all other persons shall be eligible for parole after 742
serving twenty-five percent (25%) of the sentence or sentences 743
imposed by the trial court, or, if sentenced to thirty (30) years 744
or more, after serving ten (10) years of the sentence or sentences 745
imposed by the trial court. 746
(7) The * * * From and after July 1, 2026, the Corrections 747
Overview Task Force established in Section * * * 1 of this act 748
shall develop and submit recommendations to the Governor and to 749
the Legislature annually on or before December 1st concerning 750
issues relating to juvenile and habitual offender parole reform 751
and to review and monitor the implementation of Chapter 479, Laws 752
of 2021. 753
(8) The amendments contained in Chapter 479, Laws of 2021, 754
shall apply retroactively from and after July 1, 1995. 755
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ST: Corrections Overview Task Force; establish
and repeal Corrections and Criminal Justice Task
Force.
(9) Notwithstanding provisions to the contrary in this 756
section, a person who was sentenced before July 1, 2021, may be 757
considered for parole if the person's sentence would have been 758
parole eligible before July 1, 2021. 759
(10) This section shall stand repealed on July 1, 2027. 760
SECTION 6. To repeal Section 47-5-6, Mississippi Code of 761
1972, which creates the Corrections and Criminal Justice Task 762
Force and provides its duties, is repealed. 763
SECTION 7. This act shall take effect and be in force from 764
and after July 1, 2026. 765