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To: Corrections;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives Currie, Anthony
HOUSE BILL NO. 1741
AN ACT TO AMEND SECTION 47-5-10, MISSISSIPPI CODE OF 1972, TO 1
REQUIRE THE DEPARTMENT OF CORRECTIONS TO PROVIDE MONTHLY RODENT 2
AND PEST CONTROL SERVICES AT ALL STATE CORRECTIONAL FACILITIES; TO 3
AMEND SECTION 47-5-94, MISSISSIPPI CODE OF 1972, TO REQUIRE THE 4
STATE DEPARTMENT OF HEALTH TO CONDUCT MONTHLY INSPECTIONS OF SUCH 5
CORRECTIONAL FACILITIES FOR RODENT AND PEST CONTROL AND TO PROVIDE 6
CERTAIN REPORTING CONCERNING SUCH INSPECTIONS; AND FOR RELATED 7
PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 47-5-10, Mississippi Code of 1972, is 10
amended as follows: 11
47-5-10. (1) The department shall have the following powers 12
and duties: 13
(a) To accept adult offenders committed to it by the 14
courts of this state for incarceration, care, custody, treatment 15
and rehabilitation; 16
(b) To provide for the care, custody, study, training, 17
supervision and treatment of adult offenders committed to the 18
department; 19
(c) To maintain, administer and exercise executive and 20
administrative supervision over all state correctional 21
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institutions and facilities used for the custody, training, care, 22
treatment and after-care supervision of adult offenders committed 23
to the department; provided, however, that such supervision shall 24
not extend to any institution or facility for which executive and 25
administrative supervision has been provided by law through 26
another agency; 27
(d) To plan, develop and coordinate a statewide, 28
comprehensive correctional program designed to train and 29
rehabilitate offenders in order to prevent, control and retard 30
recidivism; 31
(e) To maintain records of persons committed to it, and 32
to establish programs of research, statistics and planning: 33
(i) An offender's records shall include a single 34
cover sheet that contains the following information about the 35
offender: name, including any aliases; department inmate number; 36
social security number; photograph; court of conviction; cause 37
number; date of conviction; date of sentence; total number of days 38
in the department's custody or number of days creditable toward 39
time served on each charge; date of actual custody; and date of 40
any revocation of a suspended sentence; 41
(ii) The department shall maintain an offender's 42
cover sheet in the course of its regularly conducted business 43
activities and shall include an offender's cover sheet in each 44
request from a court, prosecutor or law enforcement agency for a 45
summary of an offender's records with the department, also known 46
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as a "pen-pack." The cover sheet shall conform to Rules 803(6) 47
and 803(8) of the Mississippi Rules of Evidence for admission as 48
an exception to the hearsay rule and may be admissible when 49
properly authenticated according to evidentiary rules and when 50
offered for the purpose of enhanced sentencing under Section 51
41-29-147, 99-19-81 or 99-19-83 or other similar purposes; and 52
(iii) This subsection is not intended to conflict 53
with an offender's right of confrontation in criminal proceedings 54
under the state or federal constitution; 55
(f) To investigate the grievances of any person 56
committed to the department, and to inquire into any alleged 57
misconduct by employees; and for this purpose it may issue 58
subpoenas and compel the attendance of witnesses and the 59
production of writings and papers, and may examine under oath any 60
witnesses who may appear before it; 61
(g) To administer programs of training and development 62
of personnel of the department; 63
(h) To develop and implement diversified programs and 64
facilities to promote, enhance, provide and assure the 65
opportunities for the successful custody, training and treatment 66
of adult offenders properly committed to the department or 67
confined in any facility under its control. Such programs and 68
facilities may include, but not be limited to, institutions, group 69
homes, halfway houses, diagnostic centers, work and educational 70
release centers, technical violation centers, restitution centers, 71
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counseling and supervision of probation, parole, suspension and 72
compact cases, presentence investigating and other state and local 73
community-based programs and facilities; 74
(i) To receive, hold and use, as a corporate body, any 75
real, personal and mixed property donated to the department, and 76
any other corporate authority as shall be necessary for the 77
operation of any facility at present or hereafter; 78
(j) To provide those personnel, facilities, programs 79
and services the department shall find necessary in the operation 80
of a modern correctional system for the custody, care, study and 81
treatment of adult offenders placed under its jurisdiction by the 82
courts and other agencies in accordance with law; 83
(k) To develop the capacity and administrative network 84
necessary to deliver advisory consultation and technical 85
assistance to units of local government for the purpose of 86
assisting them in developing model local correctional programs for 87
adult offenders; 88
(l) To cooperate with other departments and agencies 89
and with local communities for the development of standards and 90
programs for better correctional services in this state; 91
(m) To administer all monies and properties of the 92
department; 93
(n) To report annually to the Legislature and the 94
Governor on the committed persons, institutions and programs of 95
the department; 96
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(o) To cooperate with the courts and with public and 97
private agencies and officials to assist in attaining the purposes 98
of this chapter and Chapter 7 of this title. The department may 99
enter into agreements and contracts with other departments of 100
federal, state or local government and with private agencies 101
concerning the discharge of its responsibilities or theirs. The 102
department shall have the authority to accept and expend or use 103
gifts, grants and subsidies from public and private sources; 104
(p) To make all rules and regulations and exercise all 105
powers and duties vested by law in the department; 106
(q) The department may require a search of all persons 107
entering the grounds and facilities at the correctional system; 108
(r) To submit, in a timely manner, to the Oversight 109
Task Force established in Section 47-5-6 any reports required by 110
law or regulation or requested by the task force; * * * 111
(s) To provide monthly rodent and pest control services 112
at all state correctional facilities; and 113
( * * *t) To discharge any other power or duty imposed 114
or established by law. 115
(2) The department is hereby established as a Local 116
Educational Agency and an Educational Service Agency both as 117
defined in 34 CFR Section 300, to receive Title I, Part B funding 118
and other available funding and to provide educational services to 119
eligible incarcerated students. The department is authorized, if 120
necessary, to adopt policies and procedures to carry out its 121
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responsibilities as a Local Educational Agency and an Educational 122
Service Agency. 123
SECTION 2. Section 47-5-94, Mississippi Code of 1972, is 124
amended as follows: 125
47-5-94. The Bureau of Building, Grounds and Real Property 126
Management of the Department of Finance and Administration and the 127
State Board of Health are hereby authorized and directed, upon the 128
passage of this section, to institute permanent annual structural 129
and environmental inspections of institutional housing and service 130
facilities at the State Penitentiary, such inspections to include, 131
but not be limited to, structural soundness, repairs and 132
maintenance of buildings; food service; fire and safety hazards; 133
fresh water supply; wastewater system; sewage collection and 134
treatment; solid waste collection, storage and disposal * * * and 135
general institutional housekeeping. Beginning July 1, 2025, the 136
Mississippi State Department of Health shall conduct an annual 137
structural and environmental inspection of the infirmary at the 138
State Penitentiary at Parchman and make a report thereon as 139
required in this section. Beginning July 1, 2026, the Mississippi 140
State Department of Health shall conduct monthly inspections of 141
all state correctional facilities for rodent and pest control, and 142
shall make a report thereon as required in this section. 143
All other state agencies, authorities, boards, commissions 144
and departments are hereby directed, upon the request of the 145
Commissioner of Corrections, the Bureau of Building, Grounds and 146
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ST: Dept. of Corrections; require to provide
monthly rodent and pest control services at
state correctional facilities.
Real Property Management of the Department of Finance and 147
Administration or the State Board of Health, to assist in such 148
inspections with the fullest degree of reasonable cooperation. 149
Within thirty (30) days of the completion of the inspections 150
provided for herein, the participants shall compile a written 151
report of their findings which shall be submitted to the Governor, 152
the Commissioner of Corrections and the Warden or Superintendent 153
of the State Penitentiary at Parchman. 154
SECTION 3. Section 1 of this act shall take effect and be in 155
force from and after its passage, and Section 2 of this act shall 156
take effect and be in force from and after July 1, 2026. 157