Inmate Welfare Fund; require MDOC to produce an annual consolidated statement for.

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To: Corrections;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Currie, Anthony

HOUSE BILL NO. 1743

AN ACT TO AMEND SECTION 47-5-158, MISSISSIPPI CODE OF 1972, 1
TO CLARIFY WHAT MONIES CONSISTS OF THE INMATE WELFARE FUND; TO 2
REQUIRE THE DEPARTMENT OF CORRECTIONS TO PRODUCE AN ANNUAL 3
CONSOLIDATED STATEMENT OF THE INMATE WELFARE FUND; TO REQUIRE THE 4
DEPARTMENT TO PROVIDE INDEPENDENT VERIFICATION OF THE INMATE 5
WELFARE FUND THROUGH DIRECT BANK VERIFICATION; TO REQUIRE THE 6
COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS, THE STATE AUDITOR 7
AND THE EXECUTIVE DIRECTOR OF PEER TO JOINTLY CERTIFY THE ANNUAL 8
BALANCE OF THE FUND; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 47-5-158, Mississippi Code of 1972, is 11
amended as follows: 12
47-5-158. (1) The department is authorized to maintain a 13
bank account which shall be designated as the Inmate Welfare Fund. 14
The Inmate Welfare Fund consists of all monies derived from 15
inmate-related activities, regardless of where such monies are 16
deposited, held, managed or invested. All monies now held in a 17
similar fund or in a bank account or accounts for the benefit and 18
welfare of inmates shall be deposited into the Inmate Welfare 19
Fund. This fund shall be used for the benefit and welfare of 20
inmates in the custody of the department and shall be expended in 21
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accordance with any provisions or restrictions in the regulations 22
promulgated under subsection (7) of this section. 23
(2) There shall be deposited into the Inmate Welfare Fund 24
interest previously earned on inmate deposits, all net profits 25
from the operation of inmate canteens, performances of the 26
Penitentiary band, interest earned on the Inmate Welfare Fund and 27
other revenues designated by the commissioner. All monies shall 28
be deposited into the Inmate Welfare Fund as provided in Section 29
7-9-21. 30
(3) All inmate telephone call commissions shall be paid to 31
the department. Monies in the fund may be expended by the 32
department, upon requisition by the commissioner or his designee, 33
only for the purposes established in this subsection. 34
(a) Twenty-five percent (25%) of the inmate telephone 35
call commissions shall be used to purchase and maintain 36
telecommunication equipment to be used by the department. 37
(b) Until July 1, 2008, twenty-five percent (25%) of 38
the inmate telephone call commissions shall be deposited into the 39
Prison Agricultural Enterprise Fund. Beginning on July 1, 2008, 40
thirty-five percent (35%) of the inmate telephone call commissions 41
shall be deposited into the Prison Agricultural Enterprise Fund. 42
The department may use these funds to supplement the Prison 43
Agricultural Enterprise Fund created in Section 47-5-66. 44
(c) Forty percent (40%) of the inmate telephone call 45
commissions shall be deposited into the Inmate Welfare Fund. 46
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(4) The commissioner may invest in the manner authorized by 47
law any money in the Inmate Welfare Fund that is not necessary for 48
immediate use, and the interest earned shall be deposited in the 49
Inmate Welfare Fund. 50
(5) The Deputy Commissioner for Administration and Finance 51
shall establish and implement internal accounting controls for the 52
Inmate Welfare Fund that comply with generally accepted accounting 53
principles and regulations of the Department of Finance and 54
Administration. The Deputy Commissioner for Administration and 55
Finance shall prepare and issue quarterly consolidated and 56
individual facility financial statements to the prison auditor of 57
the Joint Legislative Committee on Performance Evaluation and 58
Expenditure Review. The deputy commissioner shall prepare an 59
annual report which shall include a summary of expenditures from 60
the fund by major categories and by individual facility. This 61
annual report shall be sent to the prison auditor, the Legislative 62
Budget Office, the Chairman of the Corrections Committee of the 63
Senate, and the Chairman of the Corrections Committee of the House 64
of Representatives. 65
(6) (a) A portion of the Inmate Welfare Fund shall be 66
deposited in the Discharged Offenders Revolving Fund, as created 67
under Section 47-5-155, in amounts necessary to provide a balance 68
not to exceed One Hundred Thousand Dollars ($100,000.00) in the 69
Discharged Offenders Revolving Fund, and shall be used to 70
supplement those amounts paid to discharged, paroled or pardoned 71
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offenders from the department. The superintendent of the Parchman 72
facility shall establish equitable criteria for the making of 73
supplemental payments which shall not exceed Two Hundred Dollars 74
($200.00) for any offender. The supplemental payments shall be 75
subject to the approval of the commissioner. The State Treasurer 76
shall not be required to replenish the Discharged Offenders 77
Revolving Fund for the supplemental payments made to discharged, 78
paroled or pardoned offenders. 79
(b) A portion of the Inmate Welfare Fund shall be 80
deposited into the Inmate Incentive to Work Program Fund, as 81
created under Section 47-5-371, in amounts necessary to provide a 82
balance not to exceed One Million Dollars ($1,000,000.00) in the 83
fund. Such fund shall be utilized to pay inmates who are 84
participants in the Inmate Incentive to Work Program as created 85
under Section 47-5-371. 86
(7) (a) The Inmate Welfare Fund Committee is hereby created 87
and shall be composed of nine (9) members: The Deputy 88
Commissioner for Community Corrections, the Deputy Commissioner of 89
Institutions, the Superintendent of the Parchman facility, the 90
Superintendent of the Rankin County facility, the Superintendent 91
of the Greene County facility, the State Treasurer, the State 92
Auditor, and two (2) members to be appointed by the Commissioner 93
of Corrections, one (1) of whom must have a relative incarcerated 94
by the department at the time of appointment and shall be a 95
representative of inmate families. The commissioner shall appoint 96
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the chairman of the committee. The committee shall administer and 97
supervise the operations and expenditures from the Inmate Welfare 98
Fund and shall maintain an official minute book upon which shall 99
be spread its authorization and approval for all such 100
expenditures. The committee shall promulgate regulations 101
governing the use and expenditures of the fund. 102
(b) Regulations adopted shall set out what types of 103
items shall be allowable purchases, and in all cases, the minutes 104
of the committee shall explain which regulation permits any 105
purchase it approves. Additionally, regulations of the committee 106
shall prescribe the number of members necessary to constitute a 107
quorum, minimum attendance requirements for a member to retain a 108
seat on the committee, and a mission statement for the committee. 109
(c) The committee shall conduct an annual needs 110
assessment to determine what types of items should be purchased 111
for the benefit of inmates. The needs assessments shall be 112
conducted with the assistance of the department personnel, inmates 113
and the families of inmates. 114
(d) The committee shall evaluate the proposals of 115
interested third parties for the administration of inmate canteen 116
services as provided in Section 47-5-109.1. 117
(e) The committee shall expend necessary funds to 118
assist parole eligible inmates who have been diagnosed with a 119
mental illness while housed within a state correctional facility 120
so that such inmates may receive outpatient services and 121
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community-based services to treat the mental illness of such 122
inmates. 123
(8) The Department of Audit shall conduct an annual 124
comprehensive special audit of the committee's use of the Inmate 125
Welfare Fund. The department shall incorporate in its special 126
audit report any recommendations it has concerning the financial 127
and management control practices of the committee. The department 128
shall report its findings and recommendations to the Chairmen of 129
the Senate and House Corrections Committees. 130
(9) The Legislature finds that the absence of a consolidated 131
accounting of the Inmate Fund prevents meaningful oversight and 132
undermines fiduciary accountability. To achieve such consolidated 133
accounting, the Department of Corrections shall produce an annual 134
consolidated statement of the Inmate Welfare Fund. Such statement 135
shall provide the following: 136
(a) The beginning balance; 137
(b) All inflows into the fund, including, but not 138
limited to, canteen, phone, tablets, commissions and interest; 139
(c) All outflows of the fund; 140
(d) Ending balance of the fund; and 141
(e) A list of every account, which shall include bank 142
name, account title, custodian, whether the account is active or 143
closed and interest earned. 144
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ST: Inmate Welfare Fund; require MDOC to
produce an annual consolidated statement for.
(10) No public funds designated as Inmate Welfare Funds 145
shall be held outside the State Treasury except as expressly 146
authorized by law. 147
(11) The Department of Corrections shall provide 148
independent verification of the Inmate Welfare Fund through direct 149
confirmation from banks. 150
(12) The Commissioner of the Department of Corrections, 151
the State Auditor and the Executive Director of the Joint 152
Legislative Committee on Performance Evaluation and Expenditure 153
Review (PEER) shall jointly certify the annual Inmate Welfare Fund 154
balance. If certification is not possible, this fact must be 155
reported to the Speaker of the House and the Lieutenant Governor 156
within fifteen (15) days of not being able to certify the fund, 157
with an explanation of why certification was not possible. 158
SECTION 2. This act shall take effect and be in force from 159
and after July 1, 2026. 160