MS Department of Corrections; prescribe specific data to be collected by the department relative to inmates and facilities.

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To: Corrections;
Appropriations
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Barnett

SENATE BILL NO. 2035

AN ACT TO AMEND SECTION 47-5-11, MISSISSIPPI CODE OF 1972, TO 1
PRESCRIBE SPECIFIC DATA TO BE COLLECTED BY THE MISSISSIPPI 2
DEPARTMENT OF CORRECTIONS RELATIVE TO INMATE OFFENSE, INMATE 3
SENTENCING, CORRECTIONAL FACILITY INMATE POPULATION AND STAFFING, 4
AND PROBATION AND PAROLEE IDENTIFICATION; TO DIRECT THE DEPARTMENT 5
TO PUBLISH DATASETS ON A CONFIDENTIAL BASIS; AND FOR RELATED 6
PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 47-5-11, Mississippi Code of 1972, is 9
amended as follows: 10
47-5-11. (1) Subject to appropriation, the Mississippi 11
Department of Corrections shall procure a data collection and 12
reporting system that allows the department to collect and keep 13
current the following information: 14
(a) Information related to each inmate, including: 15
(i) Identifying information, including name, date 16
of birth, race, ethnicity, gender, highest education level, 17
immigration status, case number, identification number assigned by 18
the department, and any other information designated by the 19
department; 20
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(ii) Information related to each offense for which 21
the person was convicted, including, but not limited to: 22
1. Description of each offense, including the 23
statute or statutes violated; 24
2. Drug type for each drug charge, if known; 25
or 26
3. Indication by data flag or other means, of 27
the following: 28
a. The person was involved in or 29
associated with a criminal gang at the time of the offense; 30
b. The offense resulted in the person 31
being sentenced as a habitual offender under Section 99-19-81; 32
c. The offense resulted in the person 33
being sentenced as a habitual offender under Section 99-19-83; 34
d. The offense was committed after the 35
person served time for a conviction in a state or federal prison 36
in Mississippi or another state; 37
e. The offense resulted in the person 38
being required to register as a sex offender; or 39
f. Any other characteristic of the 40
offense designated by the department. 41
4. Date that a court entered the sentence; 42
5. Sentence imposed by the court; 43
6. Amount of time served in custody by the 44
defendant related to each charge prior to sentencing that is 45
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credited at the time of disposition of the charge to reduce the 46
imposed length of time the defendant will be incarcerated; 47
7. Total amount of court costs imposed by the 48
court at the disposition of the case; 49
8. Total amount of fines imposed by the court 50
at the disposition of the case; 51
9. Restitution amount ordered at sentencing; 52
or 53
10. The sentencing judge and court. 54
(iii) Date the inmate was admitted to the custody 55
of the Department of Corrections for his or her current 56
incarceration; 57
(iv) Whether the reason for the current admission 58
to the department is for a new conviction or for a violation of 59
probation or parole. For an admission for a probation or parole 60
violation, the department shall report whether the violation was 61
technical or was due to the commission of a new criminal act; 62
(v) Prior incarceration within the state; 63
(vi) Any detainers the department is aware of; 64
(vii) The inmate's case plan, including: 65
1. The results of the inmate's criminogenic 66
risk-needs assessment at admission and in preparation for release 67
from incarceration; 68
2. Updated versions of the case plan; 69
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3. The status of progress, including a 70
description of rehabilitative and educational programs which the 71
inmate has completed while in custody, including, but not limited 72
to, high school equivalency, post-secondary degrees, occupational 73
certifications and similar credentials, addiction treatment, 74
mental health treatment, and re-entry preparation courses. 75
(viii) Whether the department has possession of 76
the inmate's: 77
1. Social security card; 78
2. Birth certificate; or 79
3. Driver's license if the inmate possesses a 80
driver's license at the time of admission to the department; 81
4. Provisional driver's license to be 82
provided upon release, as provided for in Section 63-1-301 et 83
seq.; 84
(ix) Institution placement and the security level 85
assigned to the institution. If the inmate is located in more 86
than one (1) institution during the inmate's incarceration, all 87
such institutions are to be listed with the date the inmate was 88
placed at each location; 89
(x) Custody level assignment. If the inmate is 90
assigned more than one (1) custody level during the inmate's 91
incarceration, all such assignments are to be listed with the date 92
each assignment was issued; 93
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(xi) Trusty status, including the date trusty 94
status was granted and the date it was revoked, if applicable; 95
(xii) Disciplinary violation or violations while 96
in custody and the disciplinary action or actions taken in 97
response to the violation; 98
(xiii) Release date if the person were to serve 99
the entire sentence incarcerated, and the tentative release date 100
based on eligibility for parole and for other reductions in time 101
to be served; 102
(xiv) Actual release date and reason for release, 103
including whether the person completed his sentence, or was 104
released due to parole, earned time, or other reason, which is to 105
be specified; if granted parole, an indication of whether the 106
person was granted presumptive parole; 107
(xv) Earned time granted; 108
(xvi) Length of sentence served; 109
(xvii) Length of concurrent or consecutive 110
sentences served; 111
(xviii) Disciplinary violation or violations after 112
release and the disciplinary action or actions taken in response 113
to the violation; and 114
(xix) Any other information necessary to produce 115
the reports required in subsection (2) of this section. 116
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(b) Information related to persons supervised by the 117
department on probation or post-release supervision, including, 118
but not limited to: 119
(i) Identifying information, including name, date 120
of birth, race, ethnicity, gender, highest education level, 121
immigration status, case number, and identification number 122
assigned by the department; 123
(ii) Length of probation sentence imposed and 124
amount of time that has been served on such sentence; 125
(iii) Projected termination date for probation; 126
(iv) The post-release case plan and status of 127
progress in meeting its requirements or recommendations; 128
(v) Revocation of probation or parole due to a 129
violation, including whether the revocation is due to a technical 130
violation of the conditions of supervision or the commission of a 131
new felony; and 132
(vi) Any other information necessary to produce 133
the reports required in subsection (2) of this section. 134
(c) Information related to prisons, including, but not 135
limited to: 136
(i) Daily prison population of all inmates 137
incarcerated in a state correctional institution or facility; 138
(ii) Daily number of correctional officers for 139
each state correctional institution or facility and the number of 140
vacancies in those positions; 141
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(iii) Average daily cost per inmate at each state 142
correctional institution or facility; 143
(iv) Per diem rates paid to each facility housing 144
state inmates, including regional facilities, community work 145
centers, and local jails; and 146
(v) Any other information necessary to produce the 147
reports required in subsection (2) of this section. 148
(d) The department shall maintain the data described in 149
this subsection and any other data the department deems 150
appropriate in a format that allows it to be aggregated in real 151
time and the aggregated data published in real time in dashboard 152
format on the department's website. The department shall also 153
make the aggregated data available on the department's website in 154
a modern, open, electronic format that is machine-readable and 155
readily accessible by the public. Data for which real-time 156
aggregating and posting is not feasible shall be aggregated and 157
posted on the department's website as quickly as feasible but no 158
less often than monthly. The department may use the reporting 159
requirements in subsection (2) of this section to guide its 160
development of relevant portions of the dashboard. 161
(2) The Department of Corrections shall semiannually report 162
information required in this subsection (2) to the Oversight Task 163
Force, and upon request, shall report the information to the PEER 164
Committee as follows: 165
(a) Prison data, which shall include: 166
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(i) The number of offenders entering prison on a 167
new offense; 168
(ii) The number of offenders entering prison as a 169
result of revocation of supervision; 170
(iii) The average sentence length for new prison 171
sentences by offense type; 172
(iv) The average remaining sentence length for 173
offenders entering prison for a probation revocation; 174
(v) The average remaining sentence length for 175
offenders entering prison for a parole revocation; 176
(vi) The average percentage of prison sentence 177
served in prison by offense type; 178
(vii) The average length of stay by offense type; 179
* * * 180
( * * *viii) Total prison population by offense 181
type and type of admission into prison; 182
* * * 183
(ix) The number of rehabilitative and educational 184
milestones described in subsection (1)(a)(xvi) of this section 185
which have been achieved by the current population under 186
department custody or supervision, listed by milestone, including, 187
but not limited to, specific certifications earned; 188
(x) The number of inmates who are working in 189
Prison Agricultural Enterprises and other job programs inside the 190
prison, listed by program; and 191
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(xi) The number of inmates who are participating 192
in work-release programs, listed by facility. 193
(b) Probation data, which shall include: 194
(i) The number of offenders supervised on 195
probation; 196
(ii) The number of offenders placed on probation; 197
(iii) The number of probationers revoked for a 198
technical violation and sentenced to a term of imprisonment in a 199
technical violation center and the average length of time served 200
in a technical violation center; 201
(iv) The number of probationers revoked for a 202
technical violation and sentenced to a term of imprisonment 203
in * * * a facility other than a technical violation center and 204
the average length of time served in such facilities; 205
(v) The number of probationers who are convicted 206
of a new felony offense and sentenced to a term of imprisonment; 207
(vi) The number of probationers held * * * in a 208
county jail awaiting a revocation hearing; and 209
(vii) The average length of stay in a county jail 210
for probationers awaiting a revocation hearing. 211
(c) Post-release supervision data, which shall include: 212
(i) The number of offenders supervised on 213
post-release supervision, by the type of supervision; 214
(ii) The number of offenders placed on 215
post-release supervision; 216
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(iii) The number of offenders on 217
post-release * * * supervision revoked for * * * technical 218
violation and sentenced to a term of imprisonment in a technical 219
violation center, and the average length of time served in a 220
technical violation center; 221
(iv) The number of offenders on post-release * * * 222
supervision revoked for a technical violation and sentenced to a 223
term of imprisonment in * * * a facility other than a technical 224
violation center, and the average length of time served in such 225
facilities; 226
(v) The number of offenders on post-release * * * 227
supervision who are convicted of a new felony offense and 228
sentenced to a term of imprisonment; 229
(vi) The number of offenders on post-release * * * 230
supervision held * * * in a county jail awaiting a revocation 231
hearing, and average length of stay in a county jail awaiting a 232
revocation hearing; * * * 233
(vii) * * * Recidivism rates by offense type and 234
risk level, reported by the number of years since release. For 235
the purposes of this report, "recidivism" means the commission of 236
a crime after the person has been convicted of a previous crime, 237
whether the person is under supervision of the department or not. 238
The department shall report recidivism rates for one (1), three 239
(3), and five (5) years following release from prison; 240
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ST: MS Department of Corrections; prescribe
specific data to be collected by the department
relative to inmates and facilities.
(viii) The number of people who have been paroled 241
due to a designation as medically frail; and 242
(ix) The number of people who have been granted 243
presumptive parole. 244
* * * 245
(3) As used in this section, the term "technical violation" 246
means an act or omission by a person on probation or post-release 247
supervision that violates a condition or conditions of supervision 248
placed on the offender by the sentencing judge, the department, or 249
the Parole Board, other than for the commission of a new crime. 250
Commission of a new crime is not a technical violation. 251
(4) Information collected under this section which is 252
confidential and exempt upon collection remains confidential and 253
exempt when reported by the Department of Corrections under this 254
section. 255
(5) The data collection and reporting system required in 256
subsection (2) of this section shall allow appropriate access for 257
agencies to query underlying data that is not public but is 258
intrinsic to their work. 259
SECTION 2. This act shall take effect and be in force from 260
and after July 1, 2026. 261