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To: Corrections;
Accountability, Efficiency,
Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Brown
HOUSE BILL NO. 1746
AN ACT TO PROHIBIT ANY PRIVATELY OPERATED CORRECTIONAL 1
FACILITY FROM INCREASING ITS HOUSING CAPACITY IF THE FACILITY IS 2
UTILIZED BY THE STATE TO HOUSE STATE OFFENDERS; TO PROHIBIT THE 3
STATE FROM ENTERING INTO ANY NEW CONTRACTUAL AGREEMENT WITH ANY 4
PRIVATE ENTITY FOR THE HOUSING OF STATE OFFENDERS; TO AMEND 5
SECTIONS 47-4-1, 47-4-3, 47-4-5, 47-4-11, 47-5-1105, 47-5-1109, 6
47-5-1115, 47-5-1207, 47-5-1211, 47-5-1213 AND 47-5-1219, 7
MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND 8
FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. From and after the effective date of this act, no 11
privately operated correctional facility that is utilized by the 12
state to house state offenders, pursuant to Section 47-4-1, et 13
seq. and other provisions of state law, shall increase its housing 14
capacity, and no new contractual agreement shall be entered into 15
by the state and any private entity for the housing of state 16
offenders at a privately operated correctional facility. 17
SECTION 2. Section 47-4-1, Mississippi Code of 1972, is 18
amended as follows: 19
47-4-1. (1) It is lawful for there to be located within 20
Wilkinson County and Leflore County a correctional facility 21
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operated entirely by a private entity pursuant to a contractual 22
agreement between such private entity and the federal government, 23
any state, or a political subdivision of any state to provide 24
correctional services to any such public entity for the 25
confinement of inmates subject to the jurisdiction of such public 26
entity. Any person confined in such a facility pursuant to the 27
laws of the jurisdiction from which he is sent shall be considered 28
lawfully confined within this state. The private entity shall 29
assume complete responsibility for the inmates and shall be liable 30
to the State of Mississippi for any illegal or tortious actions of 31
such inmates. 32
(2) The Department of Corrections shall contract with the 33
Board of Supervisors of Leflore County for the private 34
incarceration of not more than one thousand (1,000) state inmates 35
at a facility in Leflore County. Any contract must comply with 36
the requirements of Section 47-5-1211 through Section 47-5-1227. 37
(3) It is lawful for any county to contract with a private 38
entity for the purpose of providing correctional services for the 39
confinement of federal inmates subject to the jurisdiction of the 40
United States. Any person confined in such a facility pursuant to 41
the laws of the United States shall be considered lawfully 42
confined within this state. The private entity shall assume 43
complete responsibility for the inmates and shall be liable to the 44
county or the State of Mississippi, as the case may be, for any 45
illegal or tortious actions of the inmates. 46
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(4) It is lawful for there to be located within any county a 47
correctional facility operated entirely by a private entity and 48
the federal government to provide correctional services to the 49
United States for the confinement of federal inmates subject to 50
the jurisdiction of the United States. Any person confined in a 51
facility pursuant to the laws of the United States shall be 52
considered lawfully confined within this state. The private 53
entity shall assume complete responsibility for the inmates and 54
shall be liable to the State of Mississippi for any illegal or 55
tortious actions of the inmates. 56
A person convicted of simple assault on an employee of a 57
private correctional facility while such employee is acting within 58
the scope of his or her duty or employment shall be punished by a 59
fine of not more than One Thousand Dollars ($1,000.00) or by 60
imprisonment for not more than five (5) years, or both. 61
A person convicted of aggravated assault on an employee of a 62
private correctional facility while such employee is acting within 63
the scope of his or her duty or employment shall be punished by a 64
fine of not more than Five Thousand Dollars ($5,000.00) or by 65
imprisonment for not more than thirty (30) years, or both. 66
(5) The Department of Corrections may contract with the 67
Tallahatchie County Correctional Facility authorized in Chapter 68
904, Local and Private Laws of 1999, for the private incarceration 69
of not more than one thousand (1,000) state inmates at a facility 70
in Tallahatchie County. Any contract must comply with the 71
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requirements of Section 47-5-1211 through Section 47-5-1227. No 72
state inmate shall be assigned to the Tallahatchie County 73
Correctional Facility unless the inmate cost per day is at least 74
ten percent (10%) less than the inmate cost per day for housing a 75
state inmate at a state correctional facility. 76
(6) If a private entity houses state inmates, the private 77
entity shall not displace state inmate beds with federal inmate 78
beds unless the private entity has obtained prior written approval 79
from the Commissioner of Corrections. 80
(7) It is lawful for there to be located within Leflore 81
County a correctional facility operated entirely by a private 82
entity pursuant to a contractual agreement between such private 83
entity and the federal government, the State of Mississippi, or 84
Leflore County for the incarceration of federal inmates. Such 85
correctional facility may include a separate Leflore County jail 86
which may be located on or adjacent to the correctional facility 87
site. To further the provisions of this subsection: 88
(a) Any private entity, the State of Mississippi, or 89
Leflore County may enter into any agreement regarding real 90
property or property, including, but not limited to, a lease, a 91
ground lease and leaseback arrangement, a sublease or any other 92
lease agreement or arrangement, as lessor or lessee. Such 93
agreements shall not exceed forty (40) years. The Department of 94
Corrections may enter such agreements or arrangements on behalf of 95
the State of Mississippi; 96
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(b) The powers conferred under this subsection shall be 97
additional and supplemental to the powers conferred by any other 98
law. Where the provisions of this subsection conflict with other 99
law, this subsection shall control; and 100
(c) The private entity shall assume complete 101
responsibility for the inmates and shall be liable to the State of 102
Mississippi for any illegal or tortious actions of the inmates. 103
(8) The provisions under Section 1 of this act shall be 104
applicable to this section. 105
SECTION 3. Section 47-4-3, Mississippi Code of 1972, is 106
amended as follows: 107
47-4-3. (1) Subject to the limitations prescribed under 108
Section 1 of this act, before a private correctional facility may 109
be located in the county, the board of supervisors shall by 110
resolution duly adopted and entered on its minutes specify the 111
location of the facility, the nature and size of the facility, the 112
type of inmates to be incarcerated and the identity of the private 113
entity which will operate the facility. The board shall publish a 114
notice as hereinafter set forth in a newspaper having general 115
circulation in such county. Such notice shall include location of 116
the facility, the nature and size of the facility, the type of 117
inmates to be incarcerated and the identity of the entity which 118
will operate the facility. Such notice shall include a brief 119
summary of the provisions of this section pertaining to the 120
petition for an election on the question of the location of the 121
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private correctional facility in such county. Such notice shall 122
be published not less than one (1) time each week for at least 123
three (3) consecutive weeks in at least one (1) newspaper having 124
general circulation in the county. 125
(2) If a petition signed by twenty percent (20%), or fifteen 126
hundred (1500), whichever is less, of the qualified electors of 127
the county is filed within sixty (60) days of the date of the last 128
publication of the notice with the board of supervisors requesting 129
that an election be called on the question of locating such 130
facility, then the board of supervisors shall adopt a resolution 131
calling an election to be held within such county upon the 132
question of the location of such facility. Such election shall be 133
held, as far as practicable, in the same manner as other elections 134
are held in counties. At such election, all qualified electors of 135
the county may vote, and the ballots used at such election shall 136
have printed thereon a brief statement of the facility to be 137
constructed and the words "For the construction of the private 138
correctional facility in (here insert county name) County" and 139
"Against the construction of the private correctional facility in 140
(here insert county name) County." The voter shall vote by 141
placing a cross (X) or check mark () opposite his choice on the 142
proposition. When the results of the election on the question of 143
the construction of the facility shall have been canvassed by the 144
election commissioners of the county and certified by them to the 145
board of supervisors, it shall be the duty of the board of 146
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supervisors to determine and adjudicate whether or not a majority 147
of the qualified electors who voted thereon in such election voted 148
in favor of the construction of the facility in such county. If a 149
majority of the qualified electors who voted in such election vote 150
against the construction of the facility, then the facility shall 151
not be constructed in the county. 152
(3) If no petition as prescribed in subsection (2) of this 153
section is filed with the board of supervisors within sixty (60) 154
days of the date of the last publication of the notice, the board 155
of supervisors shall by a resolution duly adopted and entered on 156
its minutes, state that no petition was timely filed and the board 157
may give final approval to the location of the facility. 158
SECTION 4. Section 47-4-5, Mississippi Code of 1972, is 159
amended as follows: 160
47-4-5. Subject to the limitations prescribed under Section 161
1 of this act, any local unit of government, or any local unit of 162
government in cooperation with other local units of government, 163
may enter into agreements with private sources for the operation 164
and supervision of juvenile detention centers. 165
SECTION 5. Section 47-4-11, Mississippi Code of 1972, is 166
amended as follows: 167
47-4-11. Subject to the limitations prescribed under Section 168
1 of this act, in order for the Mississippi Department of 169
Corrections to manage funds budgeted and allocated in its 170
Contractual Services budget category, the commissioner of the 171
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department shall have the authority to amend, extend and/or renew 172
the term of any lease agreement or any inmate housing agreement in 173
connection with a private correctional facility. Notwithstanding 174
any statutory limits to the contrary, such amendment, extension 175
and/or renewal may be for a length of time up to and including ten 176
(10) years as is necessary for the continued operations of such 177
facilities and implementation of the department's duties and 178
responsibilities in accordance with Title 47 of the Mississippi 179
Code of 1972, as amended. 180
SECTION 6. Section 47-5-1105, Mississippi Code of 1972, is 181
amended as follows: 182
47-5-1105. (1) The commissioner is authorized to enter into 183
contracts for a special needs correctional facility and services 184
only as provided in Sections 47-5-1101 through 47-5-1123. 185
(2) No contract shall be entered into unless it offers cost 186
savings of at least ten percent (10%) to the department. 187
(3) Any inmate sentenced to the custody of the department 188
identified as having a special need may be eligible to be 189
incarcerated in a special needs correctional facility in which a 190
contractor is providing correctional services. 191
(4) The rates and benefits for correctional services shall 192
be negotiated by the commissioner based upon American Correction 193
Association Standards, state law and court orders. 194
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(5) The special needs facility or the site for a proposed 195
facility must comply with all local zoning ordinances and 196
regulations. 197
(6) The department may contract for the construction or 198
leasing of a special needs facility. Any facility operated by a 199
private contractor must house medium or maximum security inmates. 200
(7) The provisions under Section 1 of this act shall be 201
applicable to this section. 202
SECTION 7. Section 47-5-1109, Mississippi Code of 1972, is 203
amended as follows: 204
47-5-1109. The initial contract for the operation of a 205
facility or for incarceration of prisoners or inmates therein 206
shall be for a period of not more than five (5) years with an 207
option to renew for an additional period of two (2) years. 208
Contracts for construction, purchase, or lease of a facility shall 209
not exceed a term of fifteen (15) years. Any contract for housing 210
beyond the initial five (5) years shall be subject to annual 211
appropriation by the Legislature if public funds are used to 212
finance the construction. 213
The provisions under Section 1 of this act shall be 214
applicable to this section. 215
SECTION 8. Section 47-5-1115, Mississippi Code of 1972, is 216
amended as follows: 217
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47-5-1115. Subject to the limitations prescribed under 218
Section 1 of this act, a contract for correctional services shall 219
not be entered into unless the following requirements are met: 220
(a) The contractor provides an adequate plan of 221
insurance, specifically including insurance for civil rights 222
claims, as determined by an independent risk management/actuarial 223
firm with demonstrated experience in public liability for state 224
governments. In determining the adequacy of the plan, such firm 225
shall determine whether: 226
(i) The insurance is adequate to protect the state 227
from any and all actions by a third party against the contractor 228
or the state as a result of the contract; 229
(ii) The insurance is adequate to protect the 230
state against any and all claims arising as a result of any 231
occurrence during the term of the contract; that is, the insurance 232
is adequate on an occurrence basis, not on a claims-made basis; 233
(iii) The insurance is adequate to assure the 234
contractor's ability to fulfill its contract with the state in all 235
respects, and to assure that the contractor is not limited in this 236
ability because of financial liability which results from 237
judgments; and 238
(iv) The insurance is adequate to satisfy such 239
other requirements specified by the independent risk 240
management/actuarial firm. 241
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(b) The sovereign immunity of the state shall not apply 242
to the contractor. Neither the contractor nor the insurer of the 243
contractor may plead the defense of sovereign immunity in any 244
action arising out of the performance of the contract. 245
SECTION 9. Section 47-5-1207, Mississippi Code of 1972, is 246
amended as follows: 247
47-5-1207. (1) The State Prison Emergency Construction and 248
Management Board shall select a suitable site or sites for a 249
public or private facility not to exceed one thousand (1,000) beds 250
in any of the following counties: Lauderdale, Quitman, Perry and 251
Sharkey. 252
(2) The State Prison Emergency Construction and Management 253
Board may contract for the construction, lease, acquisition, 254
improvement, operation and management of a private correctional 255
facility in Marshall County or Wilkinson County for the private 256
incarceration of not more than one thousand (1,000) state inmates 257
at the facility. 258
(3) The State Prison Emergency Construction and Management 259
Board may contract with any county industrial or economic 260
development authority or district for the construction, lease, 261
acquisition, improvement, operation and management of a private 262
correctional facility to be sited or constructed under Chapter 26, 263
Laws of 1994 First Extraordinary Session. 264
(4) The State Prison Emergency Construction and Management 265
Board may contract for the construction, lease, acquisition, 266
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improvement and operation of two (2) private restitution centers, 267
one of which may be in Bolivar County. The capacity of each 268
restitution center shall not exceed seventy-five (75) state 269
inmates. 270
(5) (a) The State Prison Emergency Construction and 271
Management Board may contract for the special needs facility and 272
services authorized in Sections 47-5-1101 through 47-5-1123. 273
(b) No later than September 15, 1994, the Joint 274
Legislative Committee on Performance Evaluation and Expenditure 275
Review shall determine the state medical cost per inmate day to 276
use as a basis for measuring the validity of ten percent (10%) 277
savings of the contractor cost. 278
(6) Each private contractor and private facility housing 279
state inmates must meet the requirements of * * * Sections 280
47-5-1211 through * * * 47-5-1227. 281
(7) No additional emergency prisons shall be located in any 282
city and/or county, except upon the submission to the State Prison 283
Emergency Construction and Management Board, of a resolution 284
signed by a majority of the governing authorities of the city 285
and/or county, wherein the proposed prison site is to be located, 286
approving and/or requesting that a prison facility be located at 287
the proposed site. 288
(8) The provisions under Section 1 of this act shall be 289
applicable to this section. 290
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SECTION 10. Section 47-5-1211, Mississippi Code of 1972, is 291
amended as follows: 292
47-5-1211. (1) Subject to the limitations prescribed under 293
Section 1 of this act, a contract for private correctional 294
facilities or services shall not be entered into unless the 295
contractor has demonstrated that it has: 296
(a) The qualifications, experience and management 297
personnel necessary to carry out the terms of the contract. 298
(b) The ability to expedite the siting, design and 299
construction of correctional facilities. 300
(c) The ability to comply with applicable laws, court 301
orders and national correctional standards. 302
(d) Demonstrated history of successful operation and 303
management of other correctional facilities. 304
(2) A facility shall at all times comply with all federal 305
and state laws, and all applicable court orders. 306
(3) (a) The negotiated rate for correctional services under 307
a contract for private incarceration shall be based upon the 308
classification of the inmate and not a flat rate. No contract for 309
private incarceration shall be entered into unless the cost of the 310
private operation, including the state's cost for monitoring the 311
private operation, offers a cost savings of at least ten percent 312
(10%) to the Department of Corrections for at least the same level 313
and quality of service offered by the Department of Corrections. 314
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(b) Beginning in 2012, and every two (2) years 315
thereafter, the Joint Legislative Committee on Performance 316
Evaluation and Expenditure Review (PEER) shall contract with a 317
certified public accounting firm to establish a state inmate cost 318
per day based upon the classification of the inmate using 319
financial information of the Department of Corrections for the 320
most recently completed fiscal year. The state inmate cost per 321
day shall be certified as required by this section. The certified 322
cost shall be used as the basis for measuring the validity of the 323
ten percent (10%) savings of the contractor costs. 324
(c) Prior to engaging a certified public accountant, 325
the PEER Committee, in conjunction with the Department of 326
Corrections, shall develop a current cost-based model based upon 327
the classification of the inmate that will serve as a basis for 328
the report produced as authorized by this section. 329
(4) The rates and benefits for correctional services shall 330
be negotiated based upon the classification of inmates, American 331
Correction Association standards, state law and court orders. 332
SECTION 11. Section 47-5-1213, Mississippi Code of 1972, is 333
amended as follows: 334
47-5-1213. The initial contract for the operation of a 335
facility or for incarceration of inmates therein shall be for a 336
period of not more than five (5) years with an option to renew for 337
an additional period of two (2) years. Contracts for 338
construction, purchase, or lease of a facility shall not exceed a 339
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term of twenty (20) years. Such contracts shall provide that the 340
contractor shall convey the facility to the state, at the option 341
of the state, for a total consideration of One Dollar ($1.00). 342
Any contract for housing shall be subject to annual appropriation 343
by the Legislature. The provisions under Section 1 of this act 344
shall be applicable to this section. 345
SECTION 12. Section 47-5-1219, Mississippi Code of 1972, is 346
amended as follows: 347
47-5-1219. Subject to the limitations prescribed under 348
Section 1 of this act, a contract for correctional services shall 349
not be entered into unless the following requirements are met: 350
(a) In addition to fire and casualty insurance, the 351
contractor provides at least Ten Million Dollars ($10,000,000.00) 352
of liability insurance, specifically including insurance for civil 353
rights claims. The liability insurance shall be issued by an 354
insurance company with a rating of at least an A- according to 355
A.M. Best standards. In determining the adequacy of such 356
insurance, the Department of Finance and Administration shall 357
determine whether: 358
(i) The insurance is adequate to protect the state 359
from any and all actions by a third party against the contractor 360
or the state as a result of the contract; 361
(ii) The insurance is adequate to protect the 362
state against any and all claims arising as a result of any 363
occurrence during the term of the contract; 364
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(iii) The insurance is adequate to assure the 365
contractor's ability to fulfill its contract with the state in all 366
respects, and to assure that the contractor is not limited in this 367
ability because of financial liability which results from 368
judgments; and 369
(iv) The insurance is adequate to satisfy such 370
other requirements specified by the independent risk 371
management/actuarial firm. 372
(b) The sovereign immunity of the state shall not apply 373
to the contractor. Neither the contractor nor the insurer of the 374
contractor may plead the defense of sovereign immunity in any 375
action arising out of the performance of the contract. 376
(c) The contractor shall post a performance bond to 377
assure the contractor's faithful performance of the specifications 378
and conditions of the contract. The bond is required throughout 379
the term of the contract. The terms and conditions must be 380
approved by the Department of Corrections and the Department of 381
Finance and Administration and such approval is a condition 382
precedent to the contract taking effect. 383
(d) The contractor shall defend any suit or claim 384
brought against the State of Mississippi arising out of any act or 385
omission in the operation of a private facility, and shall hold 386
the State of Mississippi harmless from such claim or suit. The 387
contractor shall be solely responsible for the payment of any 388
legal or other costs relative to any such claim or suit. The 389
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ST: Private prisons that house state offenders;
provide moratorium on the expansion of.
contractor shall reimburse the State of Mississippi for any costs 390
that it may incur as a result of such claim or suit immediately 391
upon being submitted a statement therefor by the Attorney General. 392
The duties and obligations of the contractor pursuant to this 393
subsection shall include, but not be limited to, any claim or suit 394
brought under any federal or state civil rights or prisoners 395
rights statutes or pursuant to any such rights recognized by 396
common law or case law, or federal or state constitutions. 397
Any suit brought or claim made arising out of any act or 398
omission in the operation of a private facility shall be made or 399
brought against the contractor and not the State of Mississippi. 400
The Attorney General retains all rights and emoluments of his 401
office which include direction and control over any litigation or 402
claim involving the State of Mississippi. 403
SECTION 13. This act shall take effect and be in force from 404
and after its passage. 405