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To: Corrections; County
Affairs
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Clark
HOUSE BILL NO. 26
AN ACT TO CREATE A SECTION TO PROHIBIT THE COMMISSIONER OF 1
THE DEPARTMENT OF CORRECTIONS FROM HOUSING OFFENDERS IN PRIVATE 2
CORRECTIONAL FACILITIES UNLESS THE COMMISSIONER ALLOWS A CERTAIN 3
NUMBER OF INMATES TO PARTICIPATE IN JOINT STATE-COUNTY WORK 4
PROGRAMS; TO AMEND SECTIONS 47-4-1, 47-4-11, 47-5-471, 47-5-941, 5
47-5-943, 47-5-1211 AND 47-5-1213, MISSISSIPPI CODE OF 1972, TO 6
CONFORM WITH THE PRECEDING SECTION; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. From the effective date of this act, the 9
Commissioner of Corrections is prohibited from housing offenders 10
in private correctional facilities unless the commissioner 11
utilizes a minimum of ten percent (10%) of eligible incarcerated 12
offenders in joint state-county work programs that the Department 13
of Corrections has agreed to provide offenders for such work 14
programs. 15
SECTION 2. Section 47-4-1, Mississippi Code of 1972, is 16
amended as follows: 17
47-4-1. (1) It is lawful for there to be located within 18
Wilkinson County and Leflore County a correctional facility 19
operated entirely by a private entity pursuant to a contractual 20
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agreement between such private entity and the federal government, 21
any state, or a political subdivision of any state to provide 22
correctional services to any such public entity for the 23
confinement of inmates subject to the jurisdiction of such public 24
entity. Any person confined in such a facility pursuant to the 25
laws of the jurisdiction from which he is sent shall be considered 26
lawfully confined within this state. The private entity shall 27
assume complete responsibility for the inmates and shall be liable 28
to the State of Mississippi for any illegal or tortious actions of 29
such inmates. 30
(2) The Department of Corrections shall contract with the 31
Board of Supervisors of Leflore County for the private 32
incarceration of not more than one thousand (1,000) state inmates 33
at a facility in Leflore County. Any contract must comply with 34
the requirements of Section 47-5-1211 through Section 47-5-1227. 35
(3) It is lawful for any county to contract with a private 36
entity for the purpose of providing correctional services for the 37
confinement of federal inmates subject to the jurisdiction of the 38
United States. Any person confined in such a facility pursuant to 39
the laws of the United States shall be considered lawfully 40
confined within this state. The private entity shall assume 41
complete responsibility for the inmates and shall be liable to the 42
county or the State of Mississippi, as the case may be, for any 43
illegal or tortious actions of the inmates. 44
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(4) It is lawful for there to be located within any county a 45
correctional facility operated entirely by a private entity and 46
the federal government to provide correctional services to the 47
United States for the confinement of federal inmates subject to 48
the jurisdiction of the United States. Any person confined in a 49
facility pursuant to the laws of the United States shall be 50
considered lawfully confined within this state. The private 51
entity shall assume complete responsibility for the inmates and 52
shall be liable to the State of Mississippi for any illegal or 53
tortious actions of the inmates. 54
A person convicted of simple assault on an employee of a 55
private correctional facility while such employee is acting within 56
the scope of his or her duty or employment shall be punished by a 57
fine of not more than One Thousand Dollars ($1,000.00) or by 58
imprisonment for not more than five (5) years, or both. 59
A person convicted of aggravated assault on an employee of a 60
private correctional facility while such employee is acting within 61
the scope of his or her duty or employment shall be punished by a 62
fine of not more than Five Thousand Dollars ($5,000.00) or by 63
imprisonment for not more than thirty (30) years, or both. 64
(5) The Department of Corrections may contract with the 65
Tallahatchie County Correctional Facility authorized in Chapter 66
904, Local and Private Laws of 1999, for the private incarceration 67
of not more than one thousand (1,000) state inmates at a facility 68
in Tallahatchie County. Any contract must comply with the 69
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requirements of Section 47-5-1211 through Section 47-5-1227. No 70
state inmate shall be assigned to the Tallahatchie County 71
Correctional Facility unless the inmate cost per day is at least 72
ten percent (10%) less than the inmate cost per day for housing a 73
state inmate at a state correctional facility. 74
(6) If a private entity houses state inmates, the private 75
entity shall not displace state inmate beds with federal inmate 76
beds unless the private entity has obtained prior written approval 77
from the Commissioner of Corrections. 78
(7) It is lawful for there to be located within Leflore 79
County a correctional facility operated entirely by a private 80
entity pursuant to a contractual agreement between such private 81
entity and the federal government, the State of Mississippi, or 82
Leflore County for the incarceration of federal inmates. Such 83
correctional facility may include a separate Leflore County jail 84
which may be located on or adjacent to the correctional facility 85
site. To further the provisions of this subsection: 86
(a) Any private entity, the State of Mississippi, or 87
Leflore County may enter into any agreement regarding real 88
property or property, including, but not limited to, a lease, a 89
ground lease and leaseback arrangement, a sublease or any other 90
lease agreement or arrangement, as lessor or lessee. Such 91
agreements shall not exceed forty (40) years. The Department of 92
Corrections may enter such agreements or arrangements on behalf of 93
the State of Mississippi; 94
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(b) The powers conferred under this subsection shall be 95
additional and supplemental to the powers conferred by any other 96
law. Where the provisions of this subsection conflict with other 97
law, this subsection shall control; and 98
(c) The private entity shall assume complete 99
responsibility for the inmates and shall be liable to the State of 100
Mississippi for any illegal or tortious actions of the inmates. 101
(8) From the effective date of this act, the Commissioner of 102
Corrections is prohibited from housing offenders in private 103
correctional facilities unless the commissioner utilizes a minimum 104
of ten percent (10%) of eligible incarcerated offenders in joint 105
state-county work programs that the Department of Corrections has 106
agreed to provide offenders for such work programs. 107
SECTION 3. Section 47-4-11, Mississippi Code of 1972, is 108
amended as follows: 109
47-4-11. Subject to the restriction provided under Section 1 110
of this act, in order for the Mississippi Department of 111
Corrections to manage funds budgeted and allocated in its 112
Contractual Services budget category, the commissioner of the 113
department shall have the authority to amend, extend and/or renew 114
the term of any lease agreement or any inmate housing agreement in 115
connection with a private correctional facility. Notwithstanding 116
any statutory limits to the contrary, such amendment, extension 117
and/or renewal may be for a length of time up to and including ten 118
(10) years as is necessary for the continued operations of such 119
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facilities and implementation of the department's duties and 120
responsibilities in accordance with Title 47 of the Mississippi 121
Code of 1972, as amended. 122
SECTION 4. Section 47-5-471, Mississippi Code of 1972, is 123
amended as follows: 124
47-5-471. * * * Subject to the condition provided under 125
Section 1 of this act, the request of any county for eligible 126
inmates, the Department of Corrections shall make available for 127
participation in the state-county work program in the requesting 128
county any eligible inmates. Upon request and approval of such 129
request by the Department of Corrections, the requesting county 130
shall arrange for transportation of such inmates from the 131
Department of Corrections to such county. Upon receiving any 132
inmates, the county shall be responsible for all expenses related 133
to housing and caring for such inmates but shall be reimbursed by 134
the Department of Corrections at the rate prescribed under Section 135
47-5-901(2). Regardless of any eligibility criteria established 136
by the Department of Corrections, no inmate convicted of a sex 137
crime, a crime of violence as defined by Section 97-3-2, or any 138
other crime which specifically prohibits parole shall be eligible 139
for participation in the program. The requesting county may, in 140
its sole discretion, refuse any inmate deemed to present an undue 141
risk to such county. 142
SECTION 5. Section 47-5-941, Mississippi Code of 1972, is 143
amended as follows: 144
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47-5-941. (1) In addition to any other authority granted by 145
law, the Department of Corrections may contract with the Wilkinson 146
County industrial development or economic development authority 147
for the private incarceration of not more than one thousand 148
(1,000) state inmates at a facility in Wilkinson County. Any such 149
contract must comply with Sections 47-5-1211 through 47-5-1227. 150
(2) From the effective date of this act, the Commissioner of 151
Corrections is prohibited from housing offenders in private 152
correctional facilities unless the commissioner utilizes a minimum 153
of ten percent (10%) of eligible incarcerated offenders in joint 154
state-county work programs that the Department of Corrections has 155
agreed to provide offenders for such work programs. 156
SECTION 6. Section 47-5-943, Mississippi Code of 1972, is 157
amended as follows: 158
47-5-943. (1) The Mississippi Department of Corrections may 159
contract with the Walnut Grove Correctional Authority or the 160
governing authorities of the Municipality of Walnut Grove, Leake 161
County, Mississippi, to provide for the private housing, care and 162
control of not more than one thousand five hundred (1,500) 163
offenders who are in the custody of the Department of Corrections 164
at a maximum security facility in Walnut Grove. A county or 165
circuit judge shall not order any offender to be housed in the 166
correctional facility authorized in Sections 47-5-943 through 167
47-5-953. Commitment of offenders shall not be to this facility, 168
but shall be to the jurisdiction of the department. The 169
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commissioner shall assign newly sentenced offenders to an 170
appropriate facility consistent with public safety. Any facility 171
owned or leased by the Walnut Grove Correctional Authority or the 172
Municipality of Walnut Grove for this purpose shall be designed, 173
constructed, operated and maintained in accordance with American 174
Correctional Association standards, and shall comply with all 175
constitutional standards of the United States and the State of 176
Mississippi and with all court orders that may now or hereinafter 177
be applicable to the facility. The contract must comply with 178
Sections 47-5-1211 through 47-5-1227. 179
(2) From the effective date of this act, the Commissioner of 180
Corrections is prohibited from housing offenders in private 181
correctional facilities unless the commissioner utilizes a minimum 182
of ten percent (10%) of eligible incarcerated offenders in joint 183
state-county work programs that the Department of Corrections has 184
agreed to provide offenders for such work programs. 185
SECTION 7. Section 47-5-1211, Mississippi Code of 1972, is 186
amended as follows: 187
47-5-1211. (1) A contract for private correctional 188
facilities or services shall not be entered into unless the 189
contractor has demonstrated that it has: 190
(a) The qualifications, experience and management 191
personnel necessary to carry out the terms of the contract. 192
(b) The ability to expedite the siting, design and 193
construction of correctional facilities. 194
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(c) The ability to comply with applicable laws, court 195
orders and national correctional standards. 196
(d) Demonstrated history of successful operation and 197
management of other correctional facilities. 198
(2) A facility shall at all times comply with all federal 199
and state laws, and all applicable court orders. 200
(3) (a) The negotiated rate for correctional services under 201
a contract for private incarceration shall be based upon the 202
classification of the inmate and not a flat rate. No contract for 203
private incarceration shall be entered into unless the cost of the 204
private operation, including the state's cost for monitoring the 205
private operation, offers a cost savings of at least ten percent 206
(10%) to the Department of Corrections for at least the same level 207
and quality of service offered by the Department of Corrections. 208
(b) Beginning in 2012, and every two (2) years 209
thereafter, the Joint Legislative Committee on Performance 210
Evaluation and Expenditure Review (PEER) shall contract with a 211
certified public accounting firm to establish a state inmate cost 212
per day based upon the classification of the inmate using 213
financial information of the Department of Corrections for the 214
most recently completed fiscal year. The state inmate cost per 215
day shall be certified as required by this section. The certified 216
cost shall be used as the basis for measuring the validity of the 217
ten percent (10%) savings of the contractor costs. 218
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(c) Prior to engaging a certified public accountant, 219
the PEER Committee, in conjunction with the Department of 220
Corrections, shall develop a current cost-based model based upon 221
the classification of the inmate that will serve as a basis for 222
the report produced as authorized by this section. 223
(4) The rates and benefits for correctional services shall 224
be negotiated based upon the classification of inmates, American 225
Correction Association standards, state law and court orders. 226
(5) From the effective date of this act, the Commissioner of 227
Corrections is prohibited from housing offenders in private 228
correctional facilities unless the commissioner utilizes a minimum 229
of ten percent (10%) of eligible incarcerated offenders in joint 230
state-county work programs that the Department of Corrections has 231
agreed to provide offenders for such work programs. 232
SECTION 8. Section 47-5-1213, Mississippi Code of 1972, is 233
amended as follows: 234
47-5-1213. (1) The initial contract for the operation of a 235
facility or for incarceration of inmates therein shall be for a 236
period of not more than five (5) years with an option to renew for 237
an additional period of two (2) years. Contracts for 238
construction, purchase, or lease of a facility shall not exceed a 239
term of twenty (20) years. Such contracts shall provide that the 240
contractor shall convey the facility to the state, at the option 241
of the state, for a total consideration of One Dollar ($1.00). 242
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ST: Joint state-county work programs; require
DOC to utilize under certain circumstances.
Any contract for housing shall be subject to annual appropriation 243
by the Legislature. 244
(2) From the effective date of this act, the Commissioner of 245
Corrections is prohibited from housing offenders in private 246
correctional facilities unless the commissioner utilizes a minimum 247
of ten percent (10%) of eligible incarcerated offenders in joint 248
state-county work programs that the Department of Corrections has 249
agreed to provide offenders for such work programs. 250
SECTION 9. Section 1 of this act shall be codified in 251
Chapter 4, Title 47, Mississippi Code of 1972. 252
SECTION 10. This act shall take effect and be in force from 253
and after its passage. 254