Nonviolent offenders, certain; require Department of Corrections to house within a 100 mile radius of offenders' release residences.

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To: Judiciary B; Corrections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Taylor, Sanders

HOUSE BILL NO. 706

AN ACT TO AMEND SECTION 47-5-103, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO HOUSE ANY NONVIOLENT 2
OFFENDER WITHIN A ONE HUNDRED MILE RADIUS OF HIS OR HER RELEASE 3
RESIDENCE IF THE OFFENDER HAS A SENTENCE OF TEN YEARS OR LESS OR 4
HAS TEN YEARS REMAINING ON HIS OR HER SENTENCE; TO AMEND SECTION 5
47-4-1, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING 6
SECTION; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 47-5-103, Mississippi Code of 1972, is 9
amended as follows: 10
47-5-103. (1) The classification hearing officer shall be 11
responsible for assigning a classification to each offender within 12
forty (40) days after the offender's commitment to the custody of 13
the department. The classification shall determine the offender's 14
work duties, living quarters, which shall also include the needed 15
determination, as provided under subsection (4) of this section, 16
for a nonviolent offender who has a sentence of ten (10) years or 17
less or who has ten (10) years or less remaining on his or her 18
sentence, educational, vocational or other rehabilitation 19
programs, and privileges to be accorded the offender while in 20
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custody of the department. The classification hearing officer, in 21
assigning classifications, shall consider the offender's age, 22
offense and surrounding circumstances, the complete record of the 23
offender's criminal history, including records of law enforcement 24
agencies or of a youth court regarding that offender's juvenile 25
criminal history, family background, education, practical or 26
employment experience, interests and abilities as evidenced by 27
mental and psychological examination and knowledge obtained by the 28
classification hearing officer in personal interview with the 29
offender. The classification hearing officer shall use the above 30
criteria to assign each offender a classification which will serve 31
and enhance the best interests and general welfare of the 32
offender. The designee or designees of the commissioner shall 33
approve or disapprove each classification. The classification 34
hearing officer shall provide the State Parole Board with a copy 35
of the classification assigned to each offender in the custody of 36
the department who is eligible for parole. 37
(2) The classification board, consisting of the 38
commissioner, or his designee, deputy commissioner of institutions 39
and the director of offender services may change an action of the 40
classification or disciplinary hearing officer if the board makes 41
a determination that the action of the hearing officer was not 42
supported by sufficient factual information. The commissioner, in 43
emergency situations, may suspend the classification of an 44
offender or offenders for a period of not exceeding fifteen (15) 45
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days to relieve the emergency situation. The classification of 46
each offender may be reviewed by a classification hearing officer 47
at least once each year. In no case shall an offender serve as a 48
servant in the home of any employee other than authorized by the 49
commissioner. 50
(3) The classification board shall establish substantive and 51
procedural rules and regulations governing the assignment and 52
alteration of inmate classifications, and shall make such rules 53
and regulations available to any offender upon request. 54
(4) From and after July 1, 2026, the Department of 55
Corrections shall house any nonviolent offender, including those 56
who were incarcerated before July 1, 2026, within a one hundred 57
(100) mile radius of the offender's release residence if the 58
nonviolent offender has a sentence of ten (10) years or less or 59
has ten (10) years remaining on his or her sentence. 60
SECTION 2. Section 47-4-1, Mississippi Code of 1972, is 61
amended as follows: 62
47-4-1. (1) It is lawful for there to be located within 63
Wilkinson County and Leflore County a correctional facility 64
operated entirely by a private entity pursuant to a contractual 65
agreement between such private entity and the federal government, 66
any state, or a political subdivision of any state to provide 67
correctional services to any such public entity for the 68
confinement of inmates subject to the jurisdiction of such public 69
entity. Any person confined in such a facility pursuant to the 70
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laws of the jurisdiction from which he is sent shall be considered 71
lawfully confined within this state. The private entity shall 72
assume complete responsibility for the inmates and shall be liable 73
to the State of Mississippi for any illegal or tortious actions of 74
such inmates. 75
(2) The Department of Corrections shall contract with the 76
Board of Supervisors of Leflore County for the private 77
incarceration of not more than one thousand (1,000) state inmates 78
at a facility in Leflore County. Any contract must comply with 79
the requirements of Section 47-5-1211 through Section 47-5-1227. 80
(3) It is lawful for any county to contract with a private 81
entity for the purpose of providing correctional services for the 82
confinement of federal inmates subject to the jurisdiction of the 83
United States. Any person confined in such a facility pursuant to 84
the laws of the United States shall be considered lawfully 85
confined within this state. The private entity shall assume 86
complete responsibility for the inmates and shall be liable to the 87
county or the State of Mississippi, as the case may be, for any 88
illegal or tortious actions of the inmates. 89
(4) It is lawful for there to be located within any county a 90
correctional facility operated entirely by a private entity and 91
the federal government to provide correctional services to the 92
United States for the confinement of federal inmates subject to 93
the jurisdiction of the United States. Any person confined in a 94
facility pursuant to the laws of the United States shall be 95
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considered lawfully confined within this state. The private 96
entity shall assume complete responsibility for the inmates and 97
shall be liable to the State of Mississippi for any illegal or 98
tortious actions of the inmates. 99
A person convicted of simple assault on an employee of a 100
private correctional facility while such employee is acting within 101
the scope of his or her duty or employment shall be punished by a 102
fine of not more than One Thousand Dollars ($1,000.00) or by 103
imprisonment for not more than five (5) years, or both. 104
A person convicted of aggravated assault on an employee of a 105
private correctional facility while such employee is acting within 106
the scope of his or her duty or employment shall be punished by a 107
fine of not more than Five Thousand Dollars ($5,000.00) or by 108
imprisonment for not more than thirty (30) years, or both. 109
(5) The Department of Corrections may contract with the 110
Tallahatchie County Correctional Facility authorized in Chapter 111
904, Local and Private Laws of 1999, for the private incarceration 112
of not more than one thousand (1,000) state inmates at a facility 113
in Tallahatchie County. Any contract must comply with the 114
requirements of Section 47-5-1211 through Section 47-5-1227. No 115
state inmate shall be assigned to the Tallahatchie County 116
Correctional Facility unless the inmate cost per day is at least 117
ten percent (10%) less than the inmate cost per day for housing a 118
state inmate at a state correctional facility. 119
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(6) If a private entity houses state inmates, the private 120
entity shall not displace state inmate beds with federal inmate 121
beds unless the private entity has obtained prior written approval 122
from the Commissioner of Corrections. 123
(7) It is lawful for there to be located within Leflore 124
County a correctional facility operated entirely by a private 125
entity pursuant to a contractual agreement between such private 126
entity and the federal government, the State of Mississippi, or 127
Leflore County for the incarceration of federal inmates. Such 128
correctional facility may include a separate Leflore County jail 129
which may be located on or adjacent to the correctional facility 130
site. To further the provisions of this subsection: 131
(a) Any private entity, the State of Mississippi, or 132
Leflore County may enter into any agreement regarding real 133
property or property, including, but not limited to, a lease, a 134
ground lease and leaseback arrangement, a sublease or any other 135
lease agreement or arrangement, as lessor or lessee. Such 136
agreements shall not exceed forty (40) years. The Department of 137
Corrections may enter such agreements or arrangements on behalf of 138
the State of Mississippi; 139
(b) The powers conferred under this subsection shall be 140
additional and supplemental to the powers conferred by any other 141
law. Where the provisions of this subsection conflict with other 142
law, this subsection shall control; and 143
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ST: Nonviolent offenders, certain; require
Department of Corrections to house within a 100
mile radius of offenders' release residences.
(c) The private entity shall assume complete 144
responsibility for the inmates and shall be liable to the State of 145
Mississippi for any illegal or tortious actions of the inmates. 146
(8) From and after July 1, 2026, any private entity that 147
houses a state nonviolent offender shall house such offender, 148
including such offender who was incarcerated before July 1, 2026, 149
within a one hundred (100) mile radius of the offender's release 150
residence if the nonviolent offender has a sentence of ten (10) 151
years or less or has ten (10) years remaining on his or her 152
sentence. 153
SECTION 3. This act shall take effect and be in force from 154
and after July 1, 2026. 155