Regional correctional facilities; require Department of Corrections to utilize for housing of state offenders before utilizing private facilities.

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To: Corrections;
Accountability, Efficiency,
Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Taylor, Hulum, Sanders

HOUSE BILL NO. 621

AN ACT TO CREATE A NEW SECTION TO PROVIDE THAT NO CONTRACT 1
FOR PRIVATE INCARCERATION SHALL BE ENTERED INTO BY THE DEPARTMENT 2
OF CORRECTIONS FOR THE PRIVATE INCARCERATION OF STATE OFFENDERS 3
UNLESS THE DEPARTMENT FIRST UTILIZES ALL REGIONAL CORRECTIONAL 4
FACILITIES FOR THE HOUSING OF SUCH OFFENDERS; TO PROVIDE THAT 5
CONTRACTS MAY ONLY BE ENTERED INTO BY THE DEPARTMENT FOR THE 6
PRIVATE INCARCERATION OF STATE OFFENDERS ONCE AN EIGHTY PERCENT 7
CAPACITY RATE HAS BEEN REACHED FOR THE HOUSING OF STATE OFFENDERS 8
IN ALL REGIONAL CORRECTIONAL FACILITIES; TO AMEND SECTIONS 47-4-1, 9
47-4-11, 47-5-941, 47-5-943, 47-5-1211 AND 47-5-1213, MISSISSIPPI 10
CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED 11
PURPOSES. 12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 13
SECTION 1. From the effective date of this act, no contract 14
for private incarceration shall be entered into by the Department 15
of Corrections for private incarceration of state offenders unless 16
the department first utilizes all regional correctional facilities 17
for the housing of such offenders. Contracts may only be entered 18
into by the department for private incarceration of state 19
offenders once an eighty percent (80%) maximum capacity has been 20
reached for housing state offenders in all regional correctional 21
facilities. 22
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SECTION 2. Section 47-4-1, Mississippi Code of 1972, is 23
amended as follows: 24
47-4-1. (1) It is lawful for there to be located within 25
Wilkinson County and Leflore County a correctional facility 26
operated entirely by a private entity pursuant to a contractual 27
agreement between such private entity and the federal government, 28
any state, or a political subdivision of any state to provide 29
correctional services to any such public entity for the 30
confinement of inmates subject to the jurisdiction of such public 31
entity. Any person confined in such a facility pursuant to the 32
laws of the jurisdiction from which he is sent shall be considered 33
lawfully confined within this state. The private entity shall 34
assume complete responsibility for the inmates and shall be liable 35
to the State of Mississippi for any illegal or tortious actions of 36
such inmates. 37
(2) The Department of Corrections shall contract with the 38
Board of Supervisors of Leflore County for the private 39
incarceration of not more than one thousand (1,000) state inmates 40
at a facility in Leflore County. Any contract must comply with 41
the requirements of Section 47-5-1211 through Section 47-5-1227. 42
(3) It is lawful for any county to contract with a private 43
entity for the purpose of providing correctional services for the 44
confinement of federal inmates subject to the jurisdiction of the 45
United States. Any person confined in such a facility pursuant to 46
the laws of the United States shall be considered lawfully 47
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confined within this state. The private entity shall assume 48
complete responsibility for the inmates and shall be liable to the 49
county or the State of Mississippi, as the case may be, for any 50
illegal or tortious actions of the inmates. 51
(4) It is lawful for there to be located within any county a 52
correctional facility operated entirely by a private entity and 53
the federal government to provide correctional services to the 54
United States for the confinement of federal inmates subject to 55
the jurisdiction of the United States. Any person confined in a 56
facility pursuant to the laws of the United States shall be 57
considered lawfully confined within this state. The private 58
entity shall assume complete responsibility for the inmates and 59
shall be liable to the State of Mississippi for any illegal or 60
tortious actions of the inmates. 61
A person convicted of simple 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 One Thousand Dollars ($1,000.00) or by 65
imprisonment for not more than five (5) years, or both. 66
A person convicted of aggravated assault on an employee of a 67
private correctional facility while such employee is acting within 68
the scope of his or her duty or employment shall be punished by a 69
fine of not more than Five Thousand Dollars ($5,000.00) or by 70
imprisonment for not more than thirty (30) years, or both. 71
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(5) The Department of Corrections may contract with the 72
Tallahatchie County Correctional Facility authorized in Chapter 73
904, Local and Private Laws of 1999, for the private incarceration 74
of not more than one thousand (1,000) state inmates at a facility 75
in Tallahatchie County. Any contract must comply with the 76
requirements of Section 47-5-1211 through Section 47-5-1227. No 77
state inmate shall be assigned to the Tallahatchie County 78
Correctional Facility unless the inmate cost per day is at least 79
ten percent (10%) less than the inmate cost per day for housing a 80
state inmate at a state correctional facility. 81
(6) If a private entity houses state inmates, the private 82
entity shall not displace state inmate beds with federal inmate 83
beds unless the private entity has obtained prior written approval 84
from the Commissioner of Corrections. 85
(7) It is lawful for there to be located within Leflore 86
County a correctional facility operated entirely by a private 87
entity pursuant to a contractual agreement between such private 88
entity and the federal government, the State of Mississippi, or 89
Leflore County for the incarceration of federal inmates. Such 90
correctional facility may include a separate Leflore County jail 91
which may be located on or adjacent to the correctional facility 92
site. To further the provisions of this subsection: 93
(a) Any private entity, the State of Mississippi, or 94
Leflore County may enter into any agreement regarding real 95
property or property, including, but not limited to, a lease, a 96
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ground lease and leaseback arrangement, a sublease or any other 97
lease agreement or arrangement, as lessor or lessee. Such 98
agreements shall not exceed forty (40) years. The Department of 99
Corrections may enter such agreements or arrangements on behalf of 100
the State of Mississippi; 101
(b) The powers conferred under this subsection shall be 102
additional and supplemental to the powers conferred by any other 103
law. Where the provisions of this subsection conflict with other 104
law, this subsection shall control; and 105
(c) The private entity shall assume complete 106
responsibility for the inmates and shall be liable to the State of 107
Mississippi for any illegal or tortious actions of the inmates. 108
(8) From the effective date of this act, no contract for 109
private incarceration shall be entered into by the Department of 110
Corrections for the private incarceration of state offenders 111
unless the department first utilizes all regional correctional 112
facilities for the housing of such offenders. Contracts may only 113
be entered into by the department for the private incarceration of 114
state offenders once an eighty percent (80%) capacity rate has 115
been reached for housing state offenders in all regional 116
correctional facilities. 117
SECTION 3. Section 47-4-11, Mississippi Code of 1972, is 118
amended as follows: 119
47-4-11. Subject to the restriction provided under Section 1 120
of this act, in order for the Mississippi Department of 121
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Corrections to manage funds budgeted and allocated in its 122
Contractual Services budget category, the commissioner of the 123
department shall have the authority to amend, extend and/or renew 124
the term of any lease agreement or any inmate housing agreement in 125
connection with a private correctional facility. Notwithstanding 126
any statutory limits to the contrary, such amendment, extension 127
and/or renewal may be for a length of time up to and including ten 128
(10) years as is necessary for the continued operations of such 129
facilities and implementation of the department's duties and 130
responsibilities in accordance with Title 47 of the Mississippi 131
Code of 1972, as amended. 132
SECTION 4. Section 47-5-941, Mississippi Code of 1972, is 133
amended as follows: 134
47-5-941. (1) In addition to any other authority granted by 135
law, the Department of Corrections may contract with the Wilkinson 136
County industrial development or economic development authority 137
for the private incarceration of not more than one thousand 138
(1,000) state inmates at a facility in Wilkinson County. Any such 139
contract must comply with Sections 47-5-1211 through 47-5-1227. 140
(2) From the effective date of this act, no contract for 141
private incarceration shall be entered into by the Department of 142
Corrections for the private incarceration of state offenders 143
unless the department first utilizes all regional correctional 144
facilities for the housing of such offenders. Contracts may only 145
be entered into by the department for the private incarceration of 146
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state offenders once an eighty percent (80%) capacity rate has 147
been reached for housing state offenders in all regional 148
correctional facilities. 149
SECTION 5. Section 47-5-943, Mississippi Code of 1972, is 150
amended as follows: 151
47-5-943. (1) The Mississippi Department of Corrections may 152
contract with the Walnut Grove Correctional Authority or the 153
governing authorities of the Municipality of Walnut Grove, Leake 154
County, Mississippi, to provide for the private housing, care and 155
control of not more than one thousand five hundred (1,500) 156
offenders who are in the custody of the Department of Corrections 157
at a maximum security facility in Walnut Grove. A county or 158
circuit judge shall not order any offender to be housed in the 159
correctional facility authorized in Sections 47-5-943 through 160
47-5-953. Commitment of offenders shall not be to this facility, 161
but shall be to the jurisdiction of the department. The 162
commissioner shall assign newly sentenced offenders to an 163
appropriate facility consistent with public safety. Any facility 164
owned or leased by the Walnut Grove Correctional Authority or the 165
Municipality of Walnut Grove for this purpose shall be designed, 166
constructed, operated and maintained in accordance with American 167
Correctional Association standards, and shall comply with all 168
constitutional standards of the United States and the State of 169
Mississippi and with all court orders that may now or hereinafter 170
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be applicable to the facility. The contract must comply with 171
Sections 47-5-1211 through 47-5-1227. 172
(2) From the effective date of this act, no contract for 173
private incarceration shall be entered into by the Department of 174
Corrections for the private incarceration of state offenders 175
unless the department first utilizes all regional correctional 176
facilities for the housing of such offenders. Contracts may only 177
be entered into by the department for the private incarceration of 178
state offenders once an eighty percent (80%) capacity rate has 179
been reached for housing state offenders in all regional 180
correctional facilities. 181
SECTION 6. Section 47-5-1211, Mississippi Code of 1972, is 182
amended as follows: 183
47-5-1211. (1) A contract for private correctional 184
facilities or services shall not be entered into unless the 185
contractor has demonstrated that it has: 186
(a) The qualifications, experience and management 187
personnel necessary to carry out the terms of the contract. 188
(b) The ability to expedite the siting, design and 189
construction of correctional facilities. 190
(c) The ability to comply with applicable laws, court 191
orders and national correctional standards. 192
(d) Demonstrated history of successful operation and 193
management of other correctional facilities. 194
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(2) A facility shall at all times comply with all federal 195
and state laws, and all applicable court orders. 196
(3) (a) The negotiated rate for correctional services under 197
a contract for private incarceration shall be based upon the 198
classification of the inmate and not a flat rate. No contract for 199
private incarceration shall be entered into unless the cost of the 200
private operation, including the state's cost for monitoring the 201
private operation, offers a cost savings of at least ten percent 202
(10%) to the Department of Corrections for at least the same level 203
and quality of service offered by the Department of Corrections. 204
(b) Beginning in 2012, and every two (2) years 205
thereafter, the Joint Legislative Committee on Performance 206
Evaluation and Expenditure Review (PEER) shall contract with a 207
certified public accounting firm to establish a state inmate cost 208
per day based upon the classification of the inmate using 209
financial information of the Department of Corrections for the 210
most recently completed fiscal year. The state inmate cost per 211
day shall be certified as required by this section. The certified 212
cost shall be used as the basis for measuring the validity of the 213
ten percent (10%) savings of the contractor costs. 214
(c) Prior to engaging a certified public accountant, 215
the PEER Committee, in conjunction with the Department of 216
Corrections, shall develop a current cost-based model based upon 217
the classification of the inmate that will serve as a basis for 218
the report produced as authorized by this section. 219
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(4) The rates and benefits for correctional services shall 220
be negotiated based upon the classification of inmates, American 221
Correction Association standards, state law and court orders. 222
(5) From and after the effective date of this act, no 223
contract for private incarceration shall be entered into by the 224
Department of Corrections for the private incarceration of state 225
offenders unless the department first utilizes all regional 226
correctional facilities for the housing of such offenders. 227
Contracts may only be entered into by the department for the 228
private incarceration of state offenders once an eighty percent 229
(80%) capacity rate has been reached for housing state offenders 230
in all regional correctional facilities. 231
SECTION 7. Section 47-5-1213, Mississippi Code of 1972, is 232
amended as follows: 233
47-5-1213. (1) The initial contract for the operation of a 234
facility or for incarceration of inmates therein shall be for a 235
period of not more than five (5) years with an option to renew for 236
an additional period of two (2) years. Contracts for 237
construction, purchase, or lease of a facility shall not exceed a 238
term of twenty (20) years. Such contracts shall provide that the 239
contractor shall convey the facility to the state, at the option 240
of the state, for a total consideration of One Dollar ($1.00). 241
Any contract for housing shall be subject to annual appropriation 242
by the Legislature. 243
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ST: Regional correctional facilities; require
Department of Corrections to utilize for housing
of state offenders before utilizing private
facilities.
(2) From the effective date of this act, no contract for 244
private incarceration shall be entered into by the Department of 245
Corrections for the private incarceration of state offenders 246
unless the department first utilizes all regional correctional 247
facilities for the housing of such offenders. Contracts may only 248
be entered into by the department for the private incarceration of 249
state offenders once an eighty percent (80%) capacity rate has 250
been reached for housing state offenders in all regional 251
correctional facilities. 252
SECTION 8. Section 1 of this act shall be codified in 253
Chapter 4, Title 47, Mississippi Code of 1972. 254
SECTION 9. This act shall take effect and be in force from 255
and after July 1, 2026. 256