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S. B. No. 2039 *SS26/R480* ~ OFFICIAL ~ G1/2
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To: Corrections;
Appropriations
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Barnett
SENATE BILL NO. 2039
AN ACT TO PHASE DOWN THE OPERATION OF THE STATE PENITENTIARY 1
AT PARCHMAN IN SUNFLOWER AND QUITMAN COUNTIES OVER A FOUR-YEAR 2
PERIOD AND TRANSFER ITS INMATES, EMPLOYEES AND PROGRAMS TO OTHER 3
STATE AND REGIONAL FACILITIES OF THE MISSISSIPPI DEPARTMENT OF 4
CORRECTIONS; TO AUTHORIZE AND DIRECT THE COMMISSIONER OF 5
CORRECTIONS TO DEVELOP AND SUBMIT TO THE LEGISLATURE A PLAN TO 6
IMPLEMENT THIS PHASEDOWN UNDER CERTAIN CONDITIONS AND TO 7
PROMULGATE REGULATIONS NECESSARY TO IMPLEMENT THE PLAN; TO 8
AUTHORIZE THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO HOLD THE 9
LAND AT PARCHMAN IN TRUST AND TO LEASE THE GROUNDS AND BUILDINGS 10
FOR AGRICULTURAL, INDUSTRIAL, COMMERCIAL, RESIDENTIAL, 11
RECREATIONAL OR OTHER USES FOR A GROUND RENTAL UNDER CERTAIN 12
CONDITIONS; TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF CORRECTIONS 13
TO DESIGNATE AN EXISTING BUILDING AT PARCHMAN FOR THE DELIVERY OF 14
MENTAL HEALTH SERVICES TO INMATES WITH MENTAL ILLNESS INCARCERATED 15
IN ANY STATE OR REGIONAL CORRECTIONAL FACILITY TO BE KNOWN AS THE 16
"NORTHWEST MISSISSIPPI FACILITY FOR THE TREATMENT AND CARE OF 17
INMATES WITH MENTAL ILLNESS," AND TO PRESCRIBE STANDARDS FOR THE 18
OPERATION OF SAID MENTAL HEALTH TREATMENT FACILITY; TO PROVIDE 19
THAT ANY BUILDINGS OR OTHER FACILITIES REMAINING AT PARCHMAN SHALL 20
BE RENAMED "NORTHWEST MISSISSIPPI CORRECTIONAL FACILITY"; TO AMEND 21
SECTIONS 47-4-1, 47-5-3, 47-5-5, 47-5-6, 47-5-10, 47-5-20, 22
47-5-28, 47-5-30, 47-5-64 AND 47-5-66, MISSISSIPPI CODE OF 1972, 23
TO CREATE THE CORRECTIONAL INFRASTRUCTURE AND INMATE HOUSING FUND 24
IN CONFORMITY THERETO; TO AMEND SECTION 47-5-35, MISSISSIPPI CODE 25
OF 1972, TO REVISE THE DUTIES AND RESPONSIBILITIES OF THE 26
CORRECTIONAL AUDITOR; TO AMEND SECTIONS 47-5-539 AND 47-5-579, 27
MISSISSIPPI CODE OF 1972, TO AUTHORIZE AND DIRECT THE MISSISSIPPI 28
DEPARTMENT OF CORRECTIONS TO EXPAND THE PILOT WORK INITIATIVE 29
UNDER THE MISSISSIPPI PRISON INDUSTRIES CORPORATION AT CENTRAL 30
MISSISSIPPI CORRECTIONAL FACILITY TO ANY STATE, REGIONAL AND 31
PRIVATE CORRECTIONAL FACILITY IN THE STATE OF MISSISSIPPI WHICH 32
HOUSE INMATES UNDER THE JURISDICTION OF THE MISSISSIPPI DEPARTMENT 33
OF CORRECTIONS; TO PRESCRIBE CERTAIN CONDITIONS FOR THE OPERATION 34
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OF THE MISSISSIPPI PRISON INDUSTRIES PROGRAM; TO DELETE THE 35
AUTOMATIC REPEALER ON THE PRISON INDUSTRIES PROGRAM; TO DELETE THE 36
AUTOMATIC REPEALER ON THE MISSISSIPPI EARNED PAROLE ELIGIBILITY 37
ACT OF 2021; TO BRING FORWARD SECTION 1 OF CHAPTER 479, LAWS OF 38
2021; TO AMEND SECTIONS 47-7-3 AND 47-7-5, MISSISSIPPI CODE OF 39
1972, AND BRING FORWARD SECTIONS 47-7-3.1, 47-7-3.2, 47-7-15, 40
47-7-17 AND 47-7-18, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO 41
AMEND SECTIONS 47-5-473, 47-5-577, 47-5-911 AND 47-5-1251, 42
MISSISSIPPI CODE OF 1972, TO EXTEND THE AUTOMATIC REPEALERS ON THE 43
CORRECTIONAL SYSTEM PILOT WORK RELEASE PROGRAM, THE CORRECTIONAL 44
SYSTEM MISSISSIPPI PRISON INDUSTRIES ACT OF 1990, THE CORRECTIONAL 45
SYSTEM PRISON INDUSTRIES PILOT WORK INITIATIVE AT CENTRAL 46
MISSISSIPPI CORRECTIONAL FACILITY, THE CORRECTIONAL SYSTEM 47
PROVISIONS FOR STATE OFFENDERS SERVING SENTENCES IN COUNTY JAILS, 48
THE CORRECTIONAL SYSTEM PRISON INDUSTRY ENHANCEMENT PROGRAM AND 49
THE CORRECTIONAL SYSTEM PROBATION AND PAROLE LAW; AND FOR RELATED 50
PURPOSES. 51
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 52
SECTION 1. (1) It is the finding of the Legislature that 53
the Mississippi Department of Corrections should phase down the 54
operation of the State Penitentiary at Parchman in Sunflower and 55
Quitman Counties over a four-year period beginning July 1, 2026, 56
and transfer its inmates, employees and programs to other state 57
and regional facilities of the department based on relevant 58
factors, including the age of the prison, facility maintenance 59
needs of the prison, proximity to other prisons, the local labor 60
pool and availability of workforce for staffing the institution, 61
historical correctional officer vacancy rates at the prison and 62
the need to better align inmate populations with prison capacity. 63
Further, savings gained from consolidation of Parchman may be 64
redirected to correctional officer salaries to specifically 65
address officer turnover. 66
(2) The Commissioner of Corrections, on or before January 1, 67
2027, shall develop and submit to the Legislature a plan to bring 68
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about the decentralization of facilities within the state 69
correctional system grounds at Parchman, Mississippi, over a 70
four-year period beginning July 1, 2026, with recommendations for 71
necessary legislation. In developing the plan for the transfer of 72
inmates and consolidation of existing programs at the former State 73
Penitentiary at Parchman, the Commissioner of Corrections is 74
specifically authorized and directed to contract with the 75
Tallahatchie County Correctional Facility at Tutwiler for the 76
incarceration of inmates formerly housed at Parchman, Mississippi. 77
After entering into an agreement for the receipt of state funds 78
for the transferred inmates and programs, the Tutwiler facility 79
shall be renamed and known as the "Northwest Mississippi 80
Correctional Facility." Any facilities, buildings, hospital 81
facilities, nursing home facilities or other necessary buildings 82
remaining at the correctional system grounds at Parchman, 83
Mississippi, following the phasedown required under this section 84
shall be renamed "Northwest Mississippi Correctional Facility" and 85
shall be operated as a branch of the central administrative office 86
at Tutwiler. The commissioner is authorized and empowered to use 87
any state funds appropriated for such purposes. It is the intent 88
of the Legislature that the commissioner shall fully utilize 89
existing knowledge, architectural plans and expertise currently 90
available with the Federal Bureau of Prisons and the Law 91
Enforcement Assistance Administration to the end that the State of 92
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Mississippi shall have an efficient, modern and properly secure 93
state correctional system. 94
(3) The commissioner is authorized to receive and disburse 95
private and public funds and grants which may be available for 96
correctional facilities, offender rehabilitation purposes and 97
related purposes to develop and submit this consolidation plan. 98
The commissioner is authorized and directed to promulgate rules 99
and regulations to implement this four-year consolidation plan. 100
(4) It is the intent of the Legislature that the 101
Commissioner of Corrections reduce the inmate population of the 102
State Penitentiary at Parchman by not less than one thousand seven 103
hundred (1,700) inmates on or before July 1, 2028, and the 104
commissioner is hereby empowered and directed to implement this 105
requirement. The one thousand seven hundred (1,700) inmate 106
reduction required herein shall be applicable to the December 2024 107
reported Mississippi State Penitentiary capacity number of two 108
thousand six hundred ninety (2,690). The commissioner shall make 109
monthly progress reports to the House and Senate Corrections 110
Committees and the Auditor of the Correctional System at PEER. 111
The reports shall: 112
(a) Show progress prior to January 1, 2027, in 113
developing a plan for legislative review; and 114
(b) Show progress in implementing the phasedown plan 115
after January 1, 2027. 116
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The plan developed by the Commissioner of Corrections shall 117
provide a time schedule for the orderly, efficient and deliberate 118
transfer of inmates and consolidation of existing programs at the 119
State Penitentiary at Parchman and the necessary renovation of 120
existing facilities at state and regional correction facilities 121
with the assistance of the Bureau of Buildings, Grounds and Real 122
Property Management of the Department of Finance and 123
Administration. The plan developed by the commissioner shall 124
provide for the maximum internal security of inmates at the State 125
Penitentiary by creating a unit of security facilities to aid in 126
phasing down the Parchman program. The plan shall unitize 127
supportive functions so as to minimize the basic cost for such 128
facilities and create an efficient, effective security system for 129
inmates. 130
(5) In developing the phasedown plan, the commissioner shall 131
ensure that any administrative functions and activities that 132
support the entire Mississippi Department of Corrections system, 133
including, but not limited to, the textile production program 134
located at Parchman, shall be transferred to other appropriate 135
facilities in the state correctional system. 136
(6) It is the intent of the Legislature that any savings 137
resulting from the phasedown of operations and facilities at the 138
State Penitentiary at Parchman may be directed to increasing 139
correctional officer salaries in the state correctional system, 140
subject to specific appropriation by the Legislature. 141
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(7) In developing the phasedown plan, the commissioner shall 142
ensure that any hospital, medical or long-term care facility, 143
including the Northwest Mississippi Facility for the Treatment and 144
Care of Inmates with Mental Illness, shall continue to be located 145
on the grounds of the former State Penitentiary at Parchman. 146
(8) Unit 29 (known as "death row") and its cells for 147
protective custody inmates shall continue to be located on the 148
grounds of the former State Penitentiary at Parchman. 149
(9) Whenever the term "State Penitentiary at Parchman" or 150
"Parchman prison" appears in the laws or statutes, it shall be 151
construed to mean the "Northwest Mississippi Correctional 152
Facility" created in this section. 153
SECTION 2. As part of the consolidation plan developed under 154
Section 1 of this act, the Mississippi Department of Corrections 155
shall hold the land, buildings and fixtures at the State 156
Penitentiary at Parchman in Sunflower and Quitman Counties in 157
trust. The commissioner shall provide for the lease of the 158
grounds and/or buildings at Parchman, Mississippi, for 159
agricultural, industrial, commercial, residential, recreational, 160
catfish farming or other for a term not exceeding forty (40) years 161
for a ground rental, payable annually. All leases shall contain 162
rent adjustment clauses or other such provisions requiring that 163
the consideration for every lease of such lands shall be adjusted 164
not less than once every ten (10) years from the date of the lease 165
to reflect the current fair market rental value of the lands, 166
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exclusive of any improvements thereon. All lease provisions, 167
public bid requirements, Public Procurement Review Board 168
requirements and next payment provisions contained in Section 169
47-5-66 shall be fully applicable to leases authorized under this 170
section. The commissioner may, at any time by agreement with any 171
lessee of such lands, cancel an existing lease and execute a new 172
lease contract on such land where major capital improvements have 173
been made or for the purpose of facilitating the addition of major 174
capital improvements thereon, provided that the rental amount of 175
such new lease shall not be less than the rental amount in the 176
prior lease, and the term of such new lease shall not exceed forty 177
(40) years for a ground rental payable annually. The commissioner 178
may find that in the interest of good trust management it may be 179
necessary to grant in the original lease contract an option to 180
renew any lease not subject to competitive bid procedures, for a 181
term not to exceed twenty-five (25) years, provided that the 182
execution of a new lease shall be required to effectuate the 183
additional lease period and the provisions of all applicable 184
statutes setting for the procedure and requirements have been 185
satisfied. Subleasing or assignment of any lease of Parchman land 186
shall only be allowed when provided in the lease contract or at 187
the discretion of the commissioner. The Mississippi Department of 188
Corrections has the right and remedies for the security and 189
collection of such rents given by law to landlords. 190
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SECTION 3. (1) As part of the consolidation plan for the 191
buildings and grounds at the state correctional facility grounds 192
at Parchman, the commissioner may designate an existing building 193
or buildings for the delivery of mental health services to inmates 194
with mental illness incarcerated in any state or regional 195
correctional facilities, to be known as the "Northwest Mississippi 196
Facility for the Treatment and Care of Inmates with Mental 197
Illness." For purposes of this treatment program, a mental 198
disorder is defined as a syndrome characterized by clinical 199
significant disturbance in an individual's cognition, emotion 200
regulation, or behavior that reflects a dysfunction in the 201
psychological, biological, or developmental processes underlying 202
mental functioning. Mental disorders are usually associated with 203
significant distress or disability in social, occupational, or 204
other activities. Classification of an inmate as seriously 205
mentally ill requires consideration of his/her diagnoses; the 206
severity and duration of his/her symptoms; the degree of 207
functional impairment associated with the illness; and his/her 208
treatment history and current treatment needs. The following 209
diagnoses are generally classified as serious mental illnesses: 210
Schizophrenia Spectrum and other Psychotic Disorders; Bipolar and 211
Related Disorders; Major Depressive Disorders; Anxiety Disorders; 212
Obsessive-Compulsive and related Disorders; Trauma and 213
Stressor-related Disorders; Intellectual Disabilities and Autism 214
Spectrum Disorders; Major Neurocognitive Disorders; and 215
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Personality Disorders. The primary purpose of this treatment 216
facility shall be to ensure that inmates with mental illness are 217
identified and receive treatment to assist their progress toward 218
recovery, while reducing or eliminating the frequency and severity 219
of symptoms and associated negative outcomes of mental illness, 220
such as exacerbation of acute symptoms, placement in restrictive 221
housing, need for psychiatric hospitalization, suicide attempts 222
and death by suicide. The secondary purpose of this treatment 223
facility is to address dynamic risk factors associated with 224
recidivism in inmates with mental illness to increase prosocial 225
and adaptive living skills and the likelihood of successful 226
reentry to the community. The facility may provide group and 227
individual therapy sessions in which clinicians instruct 228
participants about anger management, medication adherence and 229
other skills. 230
(2) The Mississippi Department of Corrections shall make 231
applications to the State Department of Health and/or the State 232
Department of Mental Health for the proper licensure and 233
certification necessary for the establishment and operation of the 234
Northwest Mississippi Facility for the Treatment and Care of 235
Inmates with Mental Illness. 236
(3) The commissioner, with the assistance of the State 237
Department of Health and the State Department of Mental Health, 238
shall develop and promulgate regulations for the standards for the 239
selection and admittance of inmates into the Northwest Mississippi 240
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Facility for the Treatment and Care of Inmates with Mental 241
Illness, and for the operation of the program. 242
(4) The facilities authorized under this section shall not 243
be subject to the phasedown and decentralization requirements of 244
Section 1 of this act. 245
SECTION 4. Section 47-4-1, Mississippi Code of 1972, is 246
amended as follows: 247
47-4-1. (1) It is lawful for there to be located within 248
Wilkinson County and Leflore County a correctional facility 249
operated entirely by a private entity pursuant to a contractual 250
agreement between such private entity and the federal government, 251
any state, or a political subdivision of any state to provide 252
correctional services to any such public entity for the 253
confinement of inmates subject to the jurisdiction of such public 254
entity. Any person confined in such a facility pursuant to the 255
laws of the jurisdiction from which he is sent shall be considered 256
lawfully confined within this state. The private entity shall 257
assume complete responsibility for the inmates and shall be liable 258
to the State of Mississippi for any illegal or tortious actions of 259
such inmates. 260
(2) The Department of Corrections shall contract with the 261
Board of Supervisors of Leflore County for the private 262
incarceration of not more than one thousand (1,000) state inmates 263
at a facility in Leflore County. Any contract must comply with 264
the requirements of Section 47-5-1211 through Section 47-5-1227. 265
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(3) It is lawful for any county to contract with a private 266
entity for the purpose of providing correctional services for the 267
confinement of federal inmates subject to the jurisdiction of the 268
United States. Any person confined in such a facility pursuant to 269
the laws of the United States shall be considered lawfully 270
confined within this state. The private entity shall assume 271
complete responsibility for the inmates and shall be liable to the 272
county or the State of Mississippi, as the case may be, for any 273
illegal or tortious actions of the inmates. 274
(4) It is lawful for there to be located within any county a 275
correctional facility operated entirely by a private entity and 276
the federal government to provide correctional services to the 277
United States for the confinement of federal inmates subject to 278
the jurisdiction of the United States. Any person confined in a 279
facility pursuant to the laws of the United States shall be 280
considered lawfully confined within this state. The private 281
entity shall assume complete responsibility for the inmates and 282
shall be liable to the State of Mississippi for any illegal or 283
tortious actions of the inmates. 284
A person convicted of simple assault on an employee of a 285
private correctional facility while such employee is acting within 286
the scope of his or her duty or employment shall be punished by a 287
fine of not more than One Thousand Dollars ($1,000.00) or by 288
imprisonment for not more than five (5) years, or both. 289
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A person convicted of aggravated assault on an employee of a 290
private correctional facility while such employee is acting within 291
the scope of his or her duty or employment shall be punished by a 292
fine of not more than Five Thousand Dollars ($5,000.00) or by 293
imprisonment for not more than thirty (30) years, or both. 294
(5) The Department of Corrections may contract with the 295
Tallahatchie County Correctional Facility authorized in Chapter 296
904, Local and Private Laws of 1999, for the private incarceration 297
of not more than one thousand (1,000) state inmates at a facility 298
in Tallahatchie County. Any contract must comply with the 299
requirements of Section 47-5-1211 through Section 47-5-1227. No 300
state inmate shall be assigned to the Tallahatchie County 301
Correctional Facility unless the inmate cost per day is at least 302
ten percent (10%) less than the inmate cost per day for housing a 303
state inmate at a state correctional facility. The Department of 304
Corrections may contract with the Tallahatchie County Correctional 305
Facility at Tutwiler for the incarceration of inmates as provided 306
in the decentralization plan for the facilities within the state 307
correctional system grounds at Parchman, Mississippi, as provided 308
in Section 1 of this act. Following implementation of this 309
transfer plan, the facility shall be renamed and known as 310
"Northwest Mississippi Correctional Facility," which shall include 311
the administrative offices of this facility. The Tallahatchie 312
Prison Authority shall rename this facility as "Northwest 313
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Mississippi Correctional Facility" as a condition for receiving 314
and holding state inmates. 315
(6) If a private entity houses state inmates, the private 316
entity shall not displace state inmate beds with federal inmate 317
beds unless the private entity has obtained prior written approval 318
from the Commissioner of Corrections. 319
(7) It is lawful for there to be located within Leflore 320
County a correctional facility operated entirely by a private 321
entity pursuant to a contractual agreement between such private 322
entity and the federal government, the State of Mississippi, or 323
Leflore County for the incarceration of federal inmates. Such 324
correctional facility may include a separate Leflore County jail 325
which may be located on or adjacent to the correctional facility 326
site. To further the provisions of this subsection: 327
(a) Any private entity, the State of Mississippi, or 328
Leflore County may enter into any agreement regarding real 329
property or property, including, but not limited to, a lease, a 330
ground lease and leaseback arrangement, a sublease or any other 331
lease agreement or arrangement, as lessor or lessee. Such 332
agreements shall not exceed forty (40) years. The Department of 333
Corrections may enter such agreements or arrangements on behalf of 334
the State of Mississippi; 335
(b) The powers conferred under this subsection shall be 336
additional and supplemental to the powers conferred by any other 337
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law. Where the provisions of this subsection conflict with other 338
law, this subsection shall control; and 339
(c) The private entity shall assume complete 340
responsibility for the inmates and shall be liable to the State of 341
Mississippi for any illegal or tortious actions of the inmates. 342
(8) Any regional correction facility may contract with the 343
Mississippi Department of Corrections for the incarceration of 344
inmates authorized under the plan for the decentralization of the 345
state correctional system grounds at Parchman, Mississippi, as 346
provided in Section 1 of this act. 347
SECTION 5. Section 47-5-3, Mississippi Code of 1972, is 348
amended as follows: 349
47-5-3. (1) The plantation known as Parchman owned by the 350
state in Sunflower and Quitman Counties, and in such other places 351
as are now or may be hereafter owned or operated by the state for 352
correctional purposes shall constitute the facilities of the 353
correctional system for the custody, punishment, confinement at 354
hard labor and reformation of all persons convicted of felony in 355
the courts of the state and sentenced to the custody of the 356
department, and whenever the term "Penitentiary" or "State 357
Penitentiary" appears in the laws of the State of Mississippi, it 358
shall mean any facility under the jurisdiction of the Department 359
of Corrections which is used for the purposes described herein. 360
(2) The facilities at the State Penitentiary at Parchman in 361
Sunflower and Quitman counties shall be phased down over a 362
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four-year period beginning July 1, 2026, pursuant to the plan 363
developed by the Commissioner of Corrections under Section 1 of 364
this act. Any buildings, facilities, offices, hospitals or 365
nursing homes remaining at the State Penitentiary at Parchman 366
shall be renamed and known as "Northwest Mississippi Correctional 367
Facility." 368
SECTION 6. Section 47-5-5, Mississippi Code of 1972, is 369
amended as follows: 370
47-5-5. The commissioner, as soon as possible after passage 371
of this section, shall prepare a plan to bring about the * * * 372
decentralization of facilities within the state correctional 373
system grounds at Parchman, Mississippi, pursuant to Section 1 of 374
this act. * * * 375
It is the intent of the Mississippi Legislature that the 376
commissioner shall fully utilize existing knowledge, architectural 377
plans and expertise currently available with the Federal Bureau of 378
Prisons and the Law Enforcement Assistance Administration to the 379
end that the State of Mississippi shall have an efficient, modern, 380
and properly secure state correctional system. 381
The commissioner is authorized to receive and disburse 382
private and public grants, gifts and bequests which may be 383
available to this state for correctional facilities, offender 384
rehabilitation purposes and related purposes, which said sum so 385
received shall be subject to all of the laws applicable to 386
the * * * Department of Finance and Administration. 387
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SECTION 7. Section 47-5-6, Mississippi Code of 1972, is 388
amended as follows: 389
47-5-6. (1) There is hereby established a committee to be 390
known as the Corrections and Criminal Justice Oversight Task 391
Force, hereinafter called the Oversight Task Force, which must 392
exercise the powers and fulfill the duties described in this 393
chapter. 394
(2) The Oversight Task Force shall be composed of the 395
following members: 396
(a) The Lieutenant Governor shall appoint two (2) 397
members; 398
(b) The Speaker of the House of Representatives shall 399
appoint two (2) members; 400
(c) The Commissioner of the Department of Corrections, 401
or his designee; 402
(d) The Chief Justice of the Mississippi Supreme Court 403
shall appoint one (1) member of the circuit court; 404
(e) The Governor shall appoint one (1) member from the 405
Parole Board; 406
* * * 407
( * * *f) The Attorney General shall appoint one (1) 408
member representing the victims' community; 409
( * * *g) The Mississippi Association of Supervisors 410
shall appoint one (1) member to represent the association; 411
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( * * *h) The Mississippi Chief of Police Association 412
shall appoint one (1) member to represent the association * * *; 413
( * * *i) The President of the Mississippi Prosecutors' 414
Association; 415
( * * *j) The President of the Mississippi Sheriffs' 416
Association, or his designee; 417
( * * *k) The Office of the State Public Defender shall 418
appoint one (1) member to represent the public defender's office; 419
and 420
( * * *l) The Governor shall appoint one (1) advocate 421
for offenders and families who have been directly affected by the 422
prison justice system. The appointment made pursuant to this 423
paragraph ( * * *l) shall occur on July 1, * * * 2026. 424
(3) The task force shall meet on or before July 15, * * * 425
2026, at the call of the Commissioner of the Department of 426
Corrections and organize itself by electing one (1) of its members 427
as chair and such other officers as the task force may consider 428
necessary. Thereafter, the task force shall meet at least 429
biannually and at the call of the chair or by a majority of the 430
members. A quorum consists of seven (7) members. 431
(4) The task force shall have the following powers and 432
duties: 433
(a) Track and assess outcomes from the recommendations 434
in the Corrections and Criminal Justice Task Force report of 435
December 2013; 436
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(b) Track and assess the plan developed for the 437
phasedown of the correctional system operations at Parchman, 438
Mississippi, as prescribed in Section 1 of this act; 439
( * * *c) Prepare and submit an annual report no later 440
than the first day of the second full week of each regular session 441
of the Legislature on the outcome and performance measures to the 442
Legislature, Governor and Chief Justice. The report shall include 443
recommendations for improvements, recommendations on transfers of 444
funding based on the success or failure of implementation of the 445
recommendations, and a summary of savings. The report may also 446
present additional recommendations to the Legislature on future 447
legislation and policy options to enhance public safety and 448
control corrections costs; 449
( * * *d) Monitor compliance with sentencing standards, 450
assess their impact on the correctional resources of the state and 451
determine if the standards advance the adopted sentencing policy 452
goals of the state; 453
( * * *e) Review the classifications of crimes and 454
sentences and make recommendations for change when supported by 455
information that change is advisable to further the adopted 456
sentencing policy goals of the state; 457
( * * *f) Develop a research and analysis system to 458
determine the feasibility, impact on resources, and budget 459
consequences of any proposed or existing legislation affecting 460
sentence length; 461
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( * * *g) Request, review, and receive data and reports 462
on performance outcome measures as related to Chapter 457, Laws of 463
2014; 464
( * * *h) To undertake such additional studies or 465
evaluations as the Oversight Task Force considers necessary to 466
provide sentencing reform information and analysis; 467
( * * *i) Prepare and conduct annual continuing legal 468
education seminars regarding the sentencing guidelines to be 469
presented to judges, prosecuting attorneys and their deputies, and 470
public defenders and their deputies, as so required; 471
( * * *j) The Oversight Task Force shall use clerical 472
and professional employees of the Department of Corrections for 473
its staff; 474
(k) The Executive Director of the PEER Committee shall 475
assign such staff to support the Oversight Task Force as he 476
determines to be necessary to enable the Oversight Task Force to 477
carry out its functions; 478
( * * *l) The Oversight Task Force may employ or retain 479
other professional staff, upon the determination of the necessity 480
for other staff; 481
( * * *m) The Oversight Task Force may employ 482
consultants to assist in the evaluations and, when necessary, the 483
implementation of the recommendations of the * * * plan developed 484
under Section 1 of this act; 485
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( * * *n) The Oversight Task Force is encouraged to 486
apply for and may expend grants, gifts, or federal funds it 487
receives from other sources to carry out its duties and 488
responsibilities. 489
SECTION 8. Section 47-5-10, Mississippi Code of 1972, is 490
amended as follows: 491
47-5-10. (1) The department shall have the following powers 492
and duties: 493
(a) To accept adult offenders committed to it by the 494
courts of this state for incarceration, care, custody, treatment 495
and rehabilitation; 496
(b) To provide for the care, custody, study, training, 497
supervision and treatment of adult offenders committed to the 498
department; 499
(c) To maintain, administer and exercise executive and 500
administrative supervision over all state correctional 501
institutions and facilities used for the custody, training, care, 502
treatment and after-care supervision of adult offenders committed 503
to the department; provided, however, that such supervision shall 504
not extend to any institution or facility for which executive and 505
administrative supervision has been provided by law through 506
another agency; 507
(d) To plan, develop and coordinate a statewide, 508
comprehensive correctional program designed to train and 509
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rehabilitate offenders in order to prevent, control and retard 510
recidivism; 511
(e) To maintain records of persons committed to it, and 512
to establish programs of research, statistics and planning: 513
(i) An offender's records shall include a single 514
cover sheet that contains the following information about the 515
offender: name, including any aliases; department inmate number; 516
social security number; photograph; court of conviction; cause 517
number; date of conviction; date of sentence; total number of days 518
in the department's custody or number of days creditable toward 519
time served on each charge; date of actual custody; and date of 520
any revocation of a suspended sentence; 521
(ii) The department shall maintain an offender's 522
cover sheet in the course of its regularly conducted business 523
activities and shall include an offender's cover sheet in each 524
request from a court, prosecutor or law enforcement agency for a 525
summary of an offender's records with the department, also known 526
as a "pen-pack." The cover sheet shall conform to Rules 803(6) 527
and 803(8) of the Mississippi Rules of Evidence for admission as 528
an exception to the hearsay rule and may be admissible when 529
properly authenticated according to evidentiary rules and when 530
offered for the purpose of enhanced sentencing under Section 531
41-29-147, 99-19-81 or 99-19-83 or other similar purposes; and 532
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(iii) This subsection is not intended to conflict 533
with an offender's right of confrontation in criminal proceedings 534
under the state or federal constitution; 535
(f) To investigate the grievances of any person 536
committed to the department, and to inquire into any alleged 537
misconduct by employees; and for this purpose it may issue 538
subpoenas and compel the attendance of witnesses and the 539
production of writings and papers, and may examine under oath any 540
witnesses who may appear before it; 541
(g) To administer programs of training and development 542
of personnel of the department; 543
(h) To develop and implement diversified programs and 544
facilities to promote, enhance, provide and assure the 545
opportunities for the successful custody, training and treatment 546
of adult offenders properly committed to the department or 547
confined in any facility under its control. Such programs and 548
facilities may include, but not be limited to, institutions, group 549
homes, halfway houses, diagnostic centers, work and educational 550
release centers, technical violation centers, restitution centers, 551
counseling and supervision of probation, parole, suspension and 552
compact cases, presentence investigating and other state and local 553
community-based programs and facilities; 554
(i) To receive, hold and use, as a corporate body, any 555
real, personal and mixed property donated to the department, and 556
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any other corporate authority as shall be necessary for the 557
operation of any facility at present or hereafter; 558
(j) To provide those personnel, facilities, programs 559
and services the department shall find necessary in the operation 560
of a modern correctional system for the custody, care, study and 561
treatment of adult offenders placed under its jurisdiction by the 562
courts and other agencies in accordance with law; 563
(k) To develop the capacity and administrative network 564
necessary to deliver advisory consultation and technical 565
assistance to units of local government for the purpose of 566
assisting them in developing model local correctional programs for 567
adult offenders; 568
(l) To cooperate with other departments and agencies 569
and with local communities for the development of standards and 570
programs for better correctional services in this state; 571
(m) To administer all monies and properties of the 572
department; 573
(n) To report annually to the Legislature and the 574
Governor on the committed persons, institutions and programs of 575
the department; 576
(o) To cooperate with the courts and with public and 577
private agencies and officials to assist in attaining the purposes 578
of this chapter and Chapter 7 of this title. The department may 579
enter into agreements and contracts with other departments of 580
federal, state or local government and with private agencies 581
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concerning the discharge of its responsibilities or theirs. The 582
department shall have the authority to accept and expend or use 583
gifts, grants and subsidies from public and private sources; 584
(p) To make all rules and regulations and exercise all 585
powers and duties vested by law in the department; 586
(q) The department may require a search of all persons 587
entering the grounds and facilities at the correctional system; 588
(r) To submit, in a timely manner, to the Oversight 589
Task Force established in Section 47-5-6 any reports required by 590
law or regulation or requested by the task force; * * * 591
(s) To discharge any other power or duty imposed or 592
established by law * * *; and 593
(t) To implement the plan developed by the commissioner 594
for the phasedown of the state correctional system at Parchman, 595
Mississippi, pursuant to Section 1 of this act. 596
(2) The department is hereby established as a Local 597
Educational Agency and an Educational Service Agency both as 598
defined in 34 CFR Section 300, to receive Title I, Part B funding 599
and other available funding and to provide educational services to 600
eligible incarcerated students. The department is authorized, if 601
necessary, to adopt policies and procedures to carry out its 602
responsibilities as a Local Educational Agency and an Educational 603
Service Agency. 604
SECTION 9. Section 47-5-20, Mississippi Code of 1972, is 605
amended as follows: 606
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47-5-20. The commissioner shall have the following powers 607
and duties: 608
(a) To establish the general policy of the department; 609
(b) To approve proposals for the location of new 610
facilities, for major renovation activities, and for the creation 611
of new programs and divisions within the department as well as for 612
the abolition of the same; provided, however, that the 613
commissioner shall approve the location of no new facility unless 614
the board of supervisors of the county or the governing 615
authorities of the municipality in which the new facility is to be 616
located shall have had the opportunity with at least sixty (60) 617
days' prior notice to disapprove the location of the proposed 618
facility. If either the board of supervisors or the governing 619
authorities shall disapprove the facility, it shall not be located 620
in that county or municipality. Said notice shall be made by 621
certified mail, return receipt requested, to the members of the 622
board or governing authorities and to the clerk thereof; 623
(c) Except as otherwise provided or required by law, to 624
open bids and approve the sale of any products or manufactured 625
goods by the department according to applicable provisions of law 626
regarding bidding and sale of state property, and according to 627
rules and regulations established by the State Fiscal Management 628
Board; 629
(d) To adopt administrative rules and regulations 630
including, but not limited to, offender transfer procedures, award 631
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of administrative earned time, personnel procedures, employment 632
practices * * *; 633
(e) To develop the plan for the phasedown of state 634
correctional system facilities and programs at Parchman, 635
Mississippi, and to promulgate regulations to implement said plan, 636
as prescribed in Section 1 of this act. 637
SECTION 10. Section 47-5-28, Mississippi Code of 1972, is 638
amended as follows: 639
47-5-28. The commissioner shall have the following powers 640
and duties: 641
(a) To implement and administer laws and policy 642
relating to corrections and coordinate the efforts of the 643
department with those of the federal government and other state 644
departments and agencies, county governments, municipal 645
governments, and private agencies concerned with providing 646
offender services; 647
(b) To establish standards, in cooperation with other 648
state agencies having responsibility as provided by law, provide 649
technical assistance, and exercise the requisite supervision as it 650
relates to correctional programs over all state-supported adult 651
correctional facilities and community-based programs; 652
(c) To promulgate and publish such rules, regulations 653
and policies of the department as are needed for the efficient 654
government and maintenance of all facilities and programs in 655
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accord insofar as possible with currently accepted standards of 656
adult offender care and treatment; 657
(d) To provide the Parole Board with suitable and 658
sufficient office space and support resources and staff necessary 659
to conduct Parole Board business under the guidance of the 660
Chairman of the Parole Board; 661
(e) To contract for transitional reentry center beds 662
that will be used as noncorrections housing for offenders released 663
from the department on parole, probation or post-release 664
supervision but do not have appropriate housing available upon 665
release. At least one hundred (100) but no more than eight 666
hundred (800) transitional reentry center beds contracted by the 667
department and chosen by the Parole Board shall be available for 668
the Parole Board to place parolees without appropriate housing; 669
(f) To designate deputy commissioners while performing 670
their officially assigned duties relating to the custody, control, 671
transportation, recapture or arrest of any offender within the 672
jurisdiction of the department or any offender of any jail, 673
penitentiary, public workhouse or overnight lockup of the state or 674
any political subdivision thereof not within the jurisdiction of 675
the department, to the status of peace officers anywhere in the 676
state in any matter relating to the custody, control, 677
transportation or recapture of such offender, and shall have the 678
status of law enforcement officers and peace officers as 679
contemplated by Sections 45-6-3, 97-3-7 and 97-3-19. 680
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For the purpose of administration and enforcement of this 681
chapter, deputy commissioners of the Mississippi Department of 682
Corrections, who are certified by the Mississippi Board on Law 683
Enforcement Officer Standards and Training, have the powers of a 684
law enforcement officer of this state. Such powers shall include 685
to make arrests and to serve and execute search warrants and other 686
valid legal process anywhere within the State of Mississippi while 687
performing their officially assigned duties relating to the 688
custody, control, transportation, recapture or arrest of any 689
offender within the jurisdiction of the department or any offender 690
of any jail, penitentiary, public workhouse or overnight lockup of 691
the state or any political subdivision thereof not within the 692
jurisdiction of the department in any matter relating to the 693
custody, control, transportation or recapture of such offender; 694
(g) To make an annual report to the Governor and the 695
Legislature reflecting the activities of the department and make 696
recommendations for improvement of the services to be performed by 697
the department; 698
(h) To cooperate fully with periodic independent 699
internal investigations of the department and to file the report 700
with the Governor and the Legislature; 701
(i) To contract with licensed special care facilities 702
for paroled inmates to provide authorized medical services and 703
support services for medically frail inmates who have been paroled 704
and who have voluntary submitted to the Department of Corrections 705
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an address to one of the licensed care facilities to receive such 706
services; * * * 707
(j) To perform such other duties necessary to 708
effectively and efficiently carry out the purposes of the 709
department as may be directed by the Governor * * *; and 710
(k) To develop the plan for the phasedown of 711
correctional system facilities and programs at Parchman, 712
Mississippi, and to promulgate necessary regulations for the 713
implementation of the plan, as prescribed in Section 1 of this 714
act. 715
SECTION 11. Section 47-5-30, Mississippi Code of 1972, is 716
amended as follows: 717
47-5-30. (1) The Commissioner of Corrections shall develop 718
a strategic plan for its operation of the state correctional 719
system. The strategic plan shall cover a five-year period. The 720
plan shall include, at a minimum, the following: 721
(a) A clearly defined comprehensive statement of the 722
mission, goals and objectives of the agency; 723
(b) Performance effectiveness objectives for each 724
facility under the jurisdiction of the department; 725
(c) A description of the department's internal 726
management system used to evaluate its performance in relation to 727
projected levels; 728
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(d) Detailed plans and strategies for meeting current 729
and future needs and achieving goals and objectives established 730
for the state correctional system; 731
(e) A detailed analysis of the use of current agency 732
resources in meeting current needs and expected future needs, and 733
additional resources that may be necessary to meet future needs; 734
(f) An analysis of factors affecting projected prison 735
populations, including impact of juveniles on prison populations 736
and how populations are expected to change within the period of 737
the plan; 738
(g) A plan to remove inmates from county jails. 739
(2) The department shall revise the plan annually. 740
(3) Upon completion of the initial plan and each revision, 741
the department shall provide copies to the Governor, the 742
Lieutenant Governor, the Speaker of the House of Representatives, 743
the Chairman of the Senate Corrections Committee, the Chairman of 744
the House Penitentiary Committee, the Legislative Budget Office, 745
the Performance Evaluation and Expenditure Review Committee, the 746
Executive Director of the Department of Finance and Administration 747
and the Legislative Reference Bureau. 748
(4) The commissioner shall develop the strategic plan * * * 749
for the phasedown of correctional system operations at Parchman, 750
Mississippi, and promulgate necessary regulations for the 751
implementation of the plan as prescribed in Section 1 of this act, 752
on or before January 1, 2027. 753
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SECTION 12. Section 47-5-64, Mississippi Code of 1972, is 754
amended as follows: 755
47-5-64. (1) The commissioner is hereby directed to 756
determine the number of acres and location of land under the 757
department's jurisdiction that are needed for security purposes, 758
for Prison Agricultural Enterprises and for nonagricultural 759
purposes. The commissioner shall designate and reserve such 760
additional land for agricultural or nonagricultural enterprise 761
projects of the department, as he deems necessary. The 762
commissioner shall then recommend to the Department of Finance and 763
Administration the number of acres of department land that should 764
be leased to private entities and the term of the leases. 765
* * * 766
( * * *2) The Department of Finance and Administration, with 767
the approval of the Governor, the Secretary of State and the 768
Commissioner of the Department of Corrections, is authorized to 769
lease Penitentiary land for power generation projects or other 770
commercial or industrial projects at the same time that it leases 771
the land * * *. The Department of Finance and Administration is 772
authorized to negotiate all aspects of leases or related 773
agreements executed under this subsection consistent with the 774
following: 775
(a) The period of the lease term combined with the term 776
of renewal shall not exceed forty (40) years. 777
(b) Any lease or renewal lease shall: 778
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(i) Provide for periodic rent adjustments 779
throughout the term of the lease; and 780
(ii) Require the lessee to provide a 781
decommissioning and restoration bond or other security securing 782
the lessee's obligation to remove all aboveground and underground 783
facilities to a depth of at least three (3) feet underground and 784
to restore the surface to a condition similar to its condition 785
before the commencement of the lease. 786
(c) Any lease or renewal lease may provide for any 787
combination of the following: base rent, bonuses, percentage of 788
income payments, royalty payments or other terms and conditions 789
that the Department of Finance and Administration deems necessary 790
to maintain a fair and equitable return to the state and to 791
protect the leased land throughout the term of the lease or 792
renewal lease. 793
(d) Oil, gas and mineral rights in the leased land 794
shall be reserved to the State of Mississippi. 795
(e) This subsection does not authorize the sale or 796
transfer of title to any state lands. 797
(f) The Department of Finance and Administration may 798
charge fees and expenses, not to exceed costs, incurred in 799
administering this subsection. 800
(g) Any monies derived from leasing lands under this 801
subsection shall be deposited to the Prison Agricultural 802
Enterprise Fund as provided in Section 47-5-66. 803
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SECTION 13. Section 47-5-66, Mississippi Code of 1972, is 804
amended as follows: 805
47-5-66. (1) Except as provided in Section 47-5-64( * * *2) 806
and Section 2 of this act, it shall be the duty of the Department 807
of Finance and Administration, with the approval of the Public 808
Procurement Review Board, to lease lands at public contract upon 809
the submission of two (2) or more sealed bids to the Department of 810
Finance and Administration after having advertised the land for 811
rent in newspapers of general circulation published in Jackson, 812
Mississippi; Memphis, Tennessee; the county in which the land is 813
located; and contiguous counties for a period of not less than two 814
(2) successive weeks. The first publication shall be made not 815
less than ten (10) days before the date of the public contract, 816
and the last publication shall be made not more than seven (7) 817
days before that date. The Department of Finance and 818
Administration may reject any and all bids. If all bids on a 819
tract or parcel of land are rejected, the Department of Finance 820
and Administration may then advertise for new bids on that tract 821
or parcel of land. Successful bidders shall take possession of 822
their leaseholds at the time authorized by the Department of 823
Finance and Administration. However, rent shall be due no later 824
than the day upon which the lessee shall assume possession of the 825
leasehold, and shall be due on the anniversary date for each 826
following year of the lease. The Department of Finance and 827
Administration may provide in any lease that rent shall be paid in 828
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full in advance or paid in installments, as may be necessary or 829
appropriate. In addition, the Department of Finance and 830
Administration may accept, and the lease may provide for, 831
assignments of federal, state or other agricultural support 832
payments, growing crops or the proceeds from the sale thereof, 833
promissory notes, or any other good and valuable consideration 834
offered by any lessee to meet the rent requirements of the lease. 835
If a promissory note is offered by a lessee, it shall be secured 836
by a first lien on the crop of the lessee, or the proceeds from 837
the sale thereof. The lien shall be filed pursuant to Article 9 838
of the Uniform Commercial Code and Section 1324 of the Food 839
Security Act of 1985, as enacted or amended. If the note is not 840
paid at maturity, it shall bear interest at the rate provided for 841
judgments and decrees in Section 75-17-7 from its maturity date 842
until the note is paid. The note shall provide for the payment of 843
all costs of collection and reasonable attorney's fees if default 844
is made in the payment of the note. The payment of rent by 845
promissory note or any means other than cash in advance shall be 846
subject to the approval of the Public Procurement Review Board, 847
which shall place the approval of record in the minutes of the 848
board. 849
(2) There is created a special fund to be designated as the 850
" * * *Correctional Infrastructure and Inmate Housing Fund" and to 851
be used for the purpose of conducting, operating and managing the 852
agricultural * * *, nonagricultural and economic development 853
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enterprises of the department as authorized in Section 2 of this 854
act. Any monies derived from the leasing of Penitentiary lands, 855
from the sales of timber as provided in Section 47-5-56, from the 856
prison's agricultural and nonagricultural enterprises or earmarked 857
for the Prison Industries Fund shall be deposited to the special 858
fund. However, fifteen percent (15%) of the monies derived from 859
the leasing of Penitentiary lands under Section 47-5-64(3) shall 860
be deposited to a special fund to be distributed annually on a 861
student pro rata basis to the public schools located in Sunflower 862
County by the Department of Finance and Administration. 863
(3) All profits derived from prison industries shall be 864
placed in a special fund in the State Treasury to be known as the 865
"Prison Industries Fund," to be appropriated each year by the 866
Legislature to the nonprofit corporation, which is required to be 867
organized under the provisions of Section 47-5-535, for the 868
purpose of operating and managing the prison industries. 869
(4) The state shall have the rights and remedies for the 870
security and collection of the rents given by law to landlords. 871
(5) Lands leased for agricultural purposes under Section 872
47-5-64(2) shall be subject to a fee-in-lieu of ad valorem taxes, 873
including taxes levied for school purposes. The fee-in-lieu shall 874
be Nine Dollars ($9.00) per acre. Upon the execution of the 875
agricultural leases to private entities as authorized by Section 876
47-5-64(2), the Department of Finance and Administration shall 877
collect the in lieu fee and shall forward the fees to the tax 878
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collector in which the land is located. The tax collector shall 879
disburse the fees to the appropriate county or municipal governing 880
authority on a pro rata basis. The sum apportioned to a school 881
district shall not be less than the school district's pro rata 882
share based upon the proportion that the millage imposed for the 883
school district by the appropriate levying authority bears to the 884
millage imposed by the levying authority for all other county or 885
municipal purposes. Any funds obtained by the corporation as a 886
result of sale of goods and services manufactured and provided by 887
it shall be accounted for separate and apart from any funds 888
received by the corporation through appropriation from the State 889
Legislature. All nonappropriated funds generated by the 890
corporation shall not be subject to appropriation by the State 891
Legislature. 892
(6) Any land leased, as provided under Section 47-5-64(2), 893
shall not be leased for an amount less than would be received if 894
such land were to be leased under any federal loan program. In 895
addition, all leases shall be subject to the final approval of the 896
Public Procurement Review Board before such leases are to become 897
effective. 898
SECTION 14. Section 47-5-35, Mississippi Code of 1972, is 899
amended as follows: 900
47-5-35. The Executive Director of the Joint Legislative 901
Committee on Performance Evaluation and Expenditure Review (PEER) 902
shall * * * make available an * * * analyst to * * * review and 903
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monitor the correctional system, * * * whose duty shall be 904
to * * * monitor the financial condition of the Mississippi 905
Department of Corrections (MDOC) and evaluate the efficiency and 906
effectiveness of its programs and operations. * * * Duties of the 907
analyst for the correctional system shall include: review and 908
monitor the financial condition of MDOC, including, but not 909
limited to, the overall budget, agency expenditures and available 910
revenues; review and monitor the procurement processes of MDOC, 911
including contracts, reporting, recordkeeping and bid requirements 912
to ensure compliance with state law and procurement best 913
practices; evaluate the programs and operations of the department 914
for efficiency and effectiveness in the use of available 915
resources; and analyze data produced by the MDOC data management 916
systems. The analyst may inspect facilities where MDOC units are 917
located unannounced without prior MDOC permission. In addition, 918
the analyst shall review and evaluate any issues within or 919
pertaining to the correctional system as requested by either the 920
Chairmen of the Corrections Committees of the Senate or House, or 921
by the PEER Committee. 922
Such * * * analyst shall make, at least, a * * * quarterly 923
report to the Legislative Budget Office and the Chairman of the 924
Corrections Committee of the Senate and the Chairman of the * * * 925
Corrections Committee * * * of the House of Representatives 926
regarding the financial condition and procurement processes of 927
MDOC. Such analyst shall also make periodic reports to the 928
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Chairman of the Corrections Committee of the Senate, the Chairman 929
of the Corrections Committee of the House of Representatives, and 930
the PEER Committee regarding the programs and operations of the 931
correctional system, as well as other related issues, as 932
requested. 933
* * * 934
SECTION 15. Section 47-5-539, Mississippi Code of 1972, is 935
amended as follows: 936
47-5-539. For the purposes of Sections 47-5-531 through 937
47-5-575, the following terms shall have the following meaning 938
unless the context shall provide otherwise: 939
(a) "Chief executive officer" means the chief executive 940
officer of the corporation established under this chapter. 941
(b) "Corporation" means the private nonprofit 942
corporation which is required to be organized and formed to carry 943
out the provisions of Sections 47-5-531 through 47-5-575 regarding 944
prison industries. 945
(c) "Department" means the State Department of 946
Corrections. 947
(d) "Inmate" means any person under the jurisdiction of 948
the Mississippi Department of Corrections who is incarcerated 949
within any of the following state, regional or private 950
correctional facilities: 951
(i) Central Mississippi Correctional Facility; 952
(ii) Marshall County Correctional Facility; 953
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(iii) Mississippi State Penitentiary; 954
(iv) Delta Correctional Facility; 955
(v) Mississippi Correctional Institute for Women; 956
(vi) South Mississippi Correctional Institution; 957
(vii) Walnut Grove Correctional Facility; 958
(viii) Alcorn County Regional Correctional 959
Facility; 960
(ix) Carroll/Montgomery County Regional 961
Correctional Facility; 962
(x) George/Greene County Correctional Facility; 963
(xi) Bolivar County Correctional Facility; 964
(xii) Chickasaw County Regional Correctional 965
Facility; 966
(xiii) Holmes/Humphreys County Correctional 967
Facility; 968
(xiv) Issaquena County Correctional Facility; 969
(xv) Kemper/Neshoba County Regional Correctional 970
Facility; 971
(xvi) Jefferson/Franklin County Correctional 972
Facility; 973
(xvii) Leake County Correctional Facility; 974
(xviii) Marion/Walthall County Correctional 975
Facility; 976
(xix) Washington County Regional Correctional 977
Facility; 978
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(xx) Yazoo Regional Correctional Facility; 979
(xxi) Stone County Correctional Facility; 980
(xxii) Winston/Choctaw County Correctional 981
Facility; 982
(xxiii) East Mississippi Correctional 983
Facility; * * * 984
(xxiv) Wilkinson County Correctional 985
Facility * * *; 986
(xxv) Tallahatchie County Correctional Facility; 987
and 988
(xxvi) Any approved county jail. 989
(e) "Prison industry program" means any program which 990
is considered to be a part of any prison industry in this state. 991
(f) "Prison agricultural enterprises" means all 992
agricultural endeavors as defined in Section 47-5-353. 993
(g) "Work initiative" or "initiative" means the program 994
authorized in Section 47-5-579. 995
SECTION 16. Section 47-5-579, Mississippi Code of 1972, is 996
amended as follows: 997
47-5-579. (1) (a) The corporation * * * is authorized to 998
create a Pilot Work Initiative at * * * each of the state, 999
regional and private facilities listed in Section 47-5-539(d). 1000
Each initiative shall be limited to no more than twenty-five (25) 1001
inmates in the state, regional or private facility at any given 1002
time. 1003
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(b) The department * * * shall: 1004
(i) Have the ultimate authority for oversight of 1005
the administration of the initiative; 1006
(ii) Delegate the administration of the initiative 1007
to the corporation; and 1008
(iii) Oversee the selection of inmates for 1009
admission to the initiative. 1010
* * * 1011
(2) (a) An inmate is eligible for participation in the 1012
initiative if the inmate has: 1013
(i) No more than two (2) years remaining on the 1014
inmate's sentence; 1015
(ii) Not been convicted under Section 97-9-49 1016
within the last five (5) years; and 1017
(iii) Not been sentenced for a sex offense as 1018
defined in Section 45-33-23(h). 1019
(b) Any inmate who meets the eligibility requirements 1020
of paragraph (a) may request assignment to a work initiative 1021
established under this section. 1022
(3) (a) The commissioner * * * shall select inmates for 1023
admission to the program. 1024
(b) An inmate currently participating in vocational 1025
training or a soft skills training program * * * with the 1026
department shall have priority in admission to the program. 1027
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(4) (a) The chief executive officer * * * may authorize the 1028
inmate to participate in educational or other rehabilitative 1029
programs designed to supplement his work initiative employment or 1030
to prepare the person for successful reentry. 1031
(b) Before accepting any participants to the program, 1032
the corporation, in consultation with the department, shall adopt 1033
and publish rules and regulations to effectuate this section no 1034
later than six (6) months after the effective date of this 1035
section. These rules and regulations shall include all protection 1036
requirements for work release programs established pursuant to 1037
Sections 47-5-451 through 47-5-471. 1038
(5) Participating employers shall pay no less than the 1039
prevailing wage for the position and shall under no circumstance 1040
pay less than the federal minimum wage. 1041
(6) Any inmate assigned to the initiative who, without 1042
proper authority or just cause, leaves the area to which he has 1043
been assigned to work or attend educational or other 1044
rehabilitative programs, or leaves the vehicle or route of travel 1045
involved in his or her going to or returning from such place, will 1046
be guilty of escape as provided in Section 97-9-49. An offender 1047
who is convicted under Section 97-9-49 shall be ineligible for 1048
further participation in the work initiative during his or her 1049
current term of confinement. 1050
(7) (a) The inmate shall maintain an account through a 1051
local financial institution and shall provide a copy of a check 1052
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stub to the chief executive officer, the warden, the 1053
superintendent or the sheriff at a regional facility, as the case 1054
may be. 1055
(b) The inmate shall be required: 1056
(i) To pay twenty-five percent (25%) of the 1057
inmate's wages after mandatory deductions for the following 1058
purposes: 1059
1. To pay support of dependents or to the 1060
Mississippi Department of Human Services on behalf of dependents 1061
as may be ordered by a judge of competent jurisdiction; and 1062
2. To pay any fines, restitution, or costs as 1063
ordered by the court to include any fines and fees associated with 1064
obtaining a valid driver's license upon release. 1065
(ii) To pay * * * ten percent (10%) of the 1066
inmate's wages to the corporation for administrative expenses to 1067
include transportation costs to be remitted to the * * * facility 1068
where the work was performed by the inmate * * *. * * * 1069
(iii) To save fifty percent (50%) of the inmate's 1070
wages in the account required under paragraph (a) of this 1071
subsection. Monies under this subparagraph shall be made 1072
available to the inmate upon parole or release. 1073
(c) The inmate shall have access to the remaining * * * 1074
fifteen percent (15%) of the monies in the inmate's account to 1075
purchase incidental expenses. 1076
* * * 1077
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(8) The chief executive officer of the corporation shall 1078
collect and maintain data which shall be shared semiannually with 1079
the Joint Legislative Committee on Performance Evaluation and 1080
Expenditure Review (PEER) and the Corrections and Criminal Justice 1081
Oversight Task Force in sortable electronic format. The first 1082
report shall be made on January 15, * * * 2026, and in six-month 1083
intervals thereafter unless PEER establishes a different schedule. 1084
The data shall include: 1085
(a) Total number of participants at the * * * beginning 1086
of each month by race, gender, and offenses charged; 1087
(b) Total number of participants * * * at the end of 1088
each month by race, gender, and offenses charged; 1089
(c) Total number of participants who * * * began the 1090
program in each month by race, gender, and offenses charged; 1091
(d) Total number of participants who * * * successfully 1092
completed the program in each month * * * by race, gender, and 1093
offenses charged; 1094
(e) Total number of participants who * * * left the 1095
program in each month and reason for leaving by race, gender and 1096
offenses charged; 1097
(f) Total number of participants who were * * * 1098
arrested for a new criminal offense while in the program in each 1099
month by race, gender and offenses charged; 1100
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(g) Total number of participants who * * * were 1101
convicted of a new crime * * * while in the program in each month 1102
by race, gender and offenses charged; 1103
(h) Total number of participants who completed the 1104
program and were convicted of a new crime within three (3) years 1105
of completing the program; 1106
(i) Total amount earned by participants and how the 1107
earnings were distributed in each month; 1108
(j) Results of any initial risk and needs assessments 1109
conducted on each participant by race, gender, and offenses 1110
charged; 1111
(k) Total list of participating employers; 1112
(l) Total list of jobs acquired by participants; 1113
(m) Total list of the hourly wage paid to each 1114
participant; 1115
(n) Total accounting of the manner and use of the ten 1116
percent (10%) of the wages paid to the corporation by the inmate 1117
for administrative expenses; 1118
(o) Total costs associated with program operations; 1119
(p) Total list of participating financial institutions; 1120
(q) The number of accounts opened by participants at 1121
financial institutions; 1122
(r) The average hourly wage earned in the program; and 1123
(s) Any other data or information as requested by the 1124
task force. 1125
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(9) The Joint Legislative Committee on Performance 1126
Evaluation and Expenditure Review (PEER) shall conduct a review of 1127
the expanded initiative * * * established under this section and 1128
produce a report to the Legislature on * * * its effectiveness by 1129
January 1 * * *, 2027. The PEER Committee shall seek the 1130
assistance of the Corrections and Criminal Justice Task Force and 1131
may seek assistance from any other criminal justice experts it 1132
deems necessary during its review. 1133
SECTION 17. Section 1 of Chapter 479, Laws of 2021, is 1134
brought forward as follows: 1135
Section 1. This act shall be known and may be cited as the 1136
"Mississippi Earned Parole Eligibility Act." 1137
SECTION 18. Section 47-7-3, Mississippi Code of 1972, is 1138
amended as follows: 1139
47-7-3. (1) Every prisoner who has been convicted of any 1140
offense against the State of Mississippi, and is confined in the 1141
execution of a judgment of such conviction in the Mississippi 1142
Department of Corrections for a definite term or terms of one (1) 1143
year or over, or for the term of his or her natural life, whose 1144
record of conduct shows that such prisoner has observed the rules 1145
of the department, and who has served the minimum required time 1146
for parole eligibility, may be released on parole as set forth 1147
herein: 1148
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(a) Habitual offenders. Except as provided by Sections 1149
99-19-81 through 99-19-87, no person sentenced as a confirmed and 1150
habitual criminal shall be eligible for parole; 1151
(b) Sex offenders. Any person who has been sentenced 1152
for a sex offense as defined in Section 45-33-23(h) shall not be 1153
released on parole except for a person under the age of nineteen 1154
(19) who has been convicted under Section 97-3-67; 1155
(c) Capital offenders. No person sentenced for the 1156
following offenses shall be eligible for parole: 1157
(i) Capital murder committed on or after July 1, 1158
1994, as defined in Section 97-3-19(2); 1159
(ii) Any offense to which an offender is sentenced 1160
to life imprisonment under the provisions of Section 99-19-101; or 1161
(iii) Any offense to which an offender is 1162
sentenced to life imprisonment without eligibility for parole 1163
under the provisions of Section 99-19-101, whose crime was 1164
committed on or after July 1, 1994; 1165
(d) Murder. No person sentenced for murder in the 1166
first degree, whose crime was committed on or after June 30, 1995, 1167
or murder in the second degree, as defined in Section 97-3-19, 1168
shall be eligible for parole; 1169
(e) Human trafficking. No person sentenced for human 1170
trafficking, as defined in Section 97-3-54.1, whose crime was 1171
committed on or after July 1, 2014, shall be eligible for parole; 1172
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(f) Drug trafficking. No person sentenced for 1173
trafficking and aggravated trafficking, as defined in Section 1174
41-29-139(f) through (g), shall be eligible for parole; 1175
(g) Offenses specifically prohibiting parole release. 1176
No person shall be eligible for parole who is convicted of any 1177
offense that specifically prohibits parole release; 1178
(h) (i) Offenders eligible for parole consideration 1179
for offenses committed after June 30, 1995. Except as provided in 1180
paragraphs (a) through (g) of this subsection, offenders may be 1181
considered eligible for parole release as follows: 1182
1. Nonviolent crimes. All persons sentenced 1183
for a nonviolent offense shall be eligible for parole only after 1184
they have served twenty-five percent (25%) or ten (10) years, 1185
whichever is less, of the sentence or sentences imposed by the 1186
trial court. For purposes of this paragraph, "nonviolent crime" 1187
means a felony not designated as a crime of violence in Section 1188
97-3-2. 1189
2. Violent crimes. A person who is sentenced 1190
for a violent offense as defined in Section 97-3-2, except robbery 1191
with a deadly weapon as defined in Section 97-3-79, drive-by 1192
shooting as defined in Section 97-3-109, and carjacking as defined 1193
in Section 97-3-117, shall be eligible for parole only after 1194
having served fifty percent (50%) or twenty (20) years, whichever 1195
is less, of the sentence or sentences imposed by the trial court. 1196
Those persons sentenced for robbery with a deadly weapon as 1197
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defined in Section 97-3-79, drive-by shooting as defined in 1198
Section 97-3-109, and carjacking as defined in Section 97-3-117, 1199
shall be eligible for parole only after having served sixty 1200
percent (60%) or twenty-five (25) years, whichever is less, of the 1201
sentence or sentences imposed by the trial court. 1202
3. Nonviolent and nonhabitual drug offenses. 1203
A person who has been sentenced to a drug offense pursuant to 1204
Section 41-29-139(a) through (d), whose crime was committed after 1205
June 30, 1995, shall be eligible for parole only after he has 1206
served twenty-five percent (25%) or ten (10) years, whichever is 1207
less, of the sentence or sentences imposed. 1208
(ii) Parole hearing required. All persons 1209
eligible for parole under subparagraph (i) of this paragraph (h) 1210
who are serving a sentence or sentences for a crime of violence, 1211
as defined in Section 97-3-2, shall be required to have a parole 1212
hearing before the Parole Board pursuant to Section 47-7-17, prior 1213
to parole release. 1214
(iii) Geriatric parole. Notwithstanding the 1215
provisions in subparagraph (i) of this paragraph (h), a person 1216
serving a sentence who has reached the age of sixty (60) or older 1217
and who has served no less than ten (10) years of the sentence or 1218
sentences imposed by the trial court shall be eligible for parole. 1219
Any person eligible for parole under this subparagraph (iii) shall 1220
be required to have a parole hearing before the board prior to 1221
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parole release. No inmate shall be eligible for parole under this 1222
subparagraph (iii) of this paragraph (h) if: 1223
1. The inmate is sentenced as a habitual 1224
offender under Sections 99-19-81 through 99-19-87; 1225
2. The inmate is sentenced for a crime of 1226
violence under Section 97-3-2; 1227
3. The inmate is sentenced for an offense 1228
that specifically prohibits parole release; 1229
4. The inmate is sentenced for trafficking in 1230
controlled substances under Section 41-29-139(f); 1231
5. The inmate is sentenced for a sex crime; 1232
or 1233
6. The inmate has not served one-fourth (1/4) 1234
of the sentence imposed by the court. 1235
(iv) Parole consideration as authorized by the 1236
trial court. Notwithstanding the provisions of paragraph (a) of 1237
this subsection, any offender who has not committed a crime of 1238
violence under Section 97-3-2 and has served twenty-five percent 1239
(25%) or more of his sentence may be paroled by the State Parole 1240
Board if, after the sentencing judge or if the sentencing judge is 1241
retired, disabled or incapacitated, the senior circuit judge 1242
authorizes the offender to be eligible for parole consideration; 1243
or if the senior circuit judge must be recused, another circuit 1244
judge of the same district or a senior status judge may hear and 1245
decide the matter. A petition for parole eligibility 1246
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consideration pursuant to this subparagraph (iv) shall be filed in 1247
the original criminal cause or causes, and the offender shall 1248
serve an executed copy of the petition on the District Attorney. 1249
The court may, in its discretion, require the District Attorney to 1250
respond to the petition. 1251
(2) The State Parole Board shall, by rules and regulations, 1252
establish a method of determining a tentative parole hearing date 1253
for each eligible offender taken into the custody of the 1254
Department of Corrections. The tentative parole hearing date 1255
shall be determined within ninety (90) days after the department 1256
has assumed custody of the offender. Except as provided in 1257
Section 47-7-18, the parole hearing date shall occur when the 1258
offender is within thirty (30) days of the month of his parole 1259
eligibility date. Any parole eligibility date shall not be 1260
earlier than as required in this section. 1261
(3) Notwithstanding any other provision of law, an inmate 1262
shall not be eligible to receive earned time, good time or any 1263
other administrative reduction of time which shall reduce the time 1264
necessary to be served for parole eligibility as provided in 1265
subsection (1) of this section. 1266
(4) Any inmate within forty-eight (48) months of his parole 1267
eligibility date and who meets the criteria established by the 1268
classification board shall receive priority for placement in any 1269
educational development and job-training programs that are part of 1270
his or her parole case plan. Any inmate refusing to participate 1271
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in an educational development or job-training program, including, 1272
but not limited to, programs required as part of the case plan, 1273
shall be in jeopardy of noncompliance with the case plan and may 1274
be denied parole. 1275
(5) In addition to other requirements, if an offender is 1276
convicted of a drug or driving under the influence felony, the 1277
offender must complete a drug and alcohol rehabilitation program 1278
prior to parole, or the offender shall be required to complete a 1279
postrelease drug and alcohol program as a condition of parole. 1280
(6) Except as provided in subsection (1)(a) through (h) of 1281
this section, all other persons shall be eligible for parole after 1282
serving twenty-five percent (25%) of the sentence or sentences 1283
imposed by the trial court, or, if sentenced to thirty (30) years 1284
or more, after serving ten (10) years of the sentence or sentences 1285
imposed by the trial court. 1286
(7) The Corrections and Criminal Justice Oversight Task 1287
Force established in Section 47-5-6 shall develop and submit 1288
recommendations to the Governor and to the Legislature annually on 1289
or before December 1st concerning issues relating to juvenile and 1290
habitual offender parole reform and to review and monitor the 1291
implementation of Chapter 479, Laws of 2021. 1292
(8) The amendments contained in Chapter 479, Laws of 2021, 1293
shall apply retroactively from and after July 1, 1995. 1294
(9) Notwithstanding provisions to the contrary in this 1295
section, a person who was sentenced before July 1, 2021, may be 1296
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considered for parole if the person's sentence would have been 1297
parole eligible before July 1, 2021. 1298
* * * 1299
SECTION 19. Section 47-7-5, Mississippi Code of 1972, is 1300
amended as follows: 1301
47-7-5. (1) Effective January 1, * * * 2029, the State 1302
Parole Board, created under former Section 47-7-5, is hereby 1303
created, continued and reconstituted and shall be composed of five 1304
(5) members, one (1) appointed from each Mississippi Supreme Court 1305
District and two (2) from the state at large. The Governor shall 1306
appoint the members to serve at the will and pleasure of the 1307
Governor, with the advice and consent of the Senate, not less than 1308
every four (4) years, provided that three (3) members shall be 1309
appointed in * * * 2029 to a term ending December 31, * * * 2032, 1310
and two (2) members shall be appointed in * * * 2031 to a term 1311
ending December 31, * * * 2034. Appointments made at the 1312
beginning of the four-year cycle shall be made to fill any 1313
member's term which actually expires that year and any member's 1314
term which expires next until the majority of the membership of 1315
the board or commission is reached. Appointments made at the 1316
beginning of the third year of the four-year cycle shall be made 1317
for the remainder of the membership positions irrespective of the 1318
time of their prior appointment. Any question regarding the order 1319
of appointments shall be determined by the Secretary of State in 1320
accordance with the specific statute. All appointment procedures, 1321
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vacancy provisions, interim appointment provisions and removal 1322
provisions specifically provided for in Section 7-1-35, 1323
Mississippi Code of 1972, shall be fully applicable to 1324
appointments to the State Parole Board. Any vacancy shall be 1325
filled by the Governor, with the advice and consent of the Senate. 1326
The Governor shall appoint a chairman of the board. 1327
(2) Any person who is appointed to serve on the board shall 1328
possess at least a bachelor's degree or a high school diploma and 1329
four (4) years' work experience. Each member shall devote his 1330
full time to the duties of his office and shall not engage in any 1331
other business or profession or hold any other public office. A 1332
member shall receive compensation or per diem in addition to his 1333
or her salary. Each member shall keep such hours and workdays as 1334
required of full-time state employees under Section 25-1-98. 1335
Individuals shall be appointed to serve on the board without 1336
reference to their political affiliations. Each board member, 1337
including the chairman, may be reimbursed for actual and necessary 1338
expenses as authorized by Section 25-3-41. Each member of the 1339
board shall complete annual training developed based on guidance 1340
from the National Institute of Corrections, the Association of 1341
Paroling Authorities International, or the American Probation and 1342
Parole Association. Each first-time appointee of the board shall, 1343
within sixty (60) days of appointment, or as soon as practical, 1344
complete training for first-time Parole Board members developed in 1345
consideration of information from the National Institute of 1346
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Corrections, the Association of Paroling Authorities 1347
International, or the American Probation and Parole Association. 1348
(3) The board shall have exclusive responsibility for the 1349
granting of parole as provided by Sections 47-7-3 and 47-7-17 and 1350
shall have exclusive authority for revocation of the same. The 1351
board shall have exclusive responsibility for investigating 1352
clemency recommendations upon request of the Governor. 1353
(4) The board, its members and staff, shall be immune from 1354
civil liability for any official acts taken in good faith and in 1355
exercise of the board's legitimate governmental authority. 1356
(5) The budget of the board shall be funded through a 1357
separate line item within the general appropriation bill for the 1358
support and maintenance of the department. Employees of the 1359
department which are employed by or assigned to the board shall 1360
work under the guidance and supervision of the board. There shall 1361
be an executive secretary to the board who shall be responsible 1362
for all administrative and general accounting duties related to 1363
the board. The executive secretary shall keep and preserve all 1364
records and papers pertaining to the board. 1365
(6) The board shall have no authority or responsibility for 1366
supervision of offenders granted a release for any reason, 1367
including, but not limited to, probation, parole or executive 1368
clemency or other offenders requiring the same through interstate 1369
compact agreements. The supervision shall be provided exclusively 1370
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by the staff of the Division of Community Corrections of the 1371
department. 1372
(7) (a) The Parole Board is authorized to select and place 1373
offenders in an electronic monitoring program under the conditions 1374
and criteria imposed by the Parole Board. The conditions, 1375
restrictions and requirements of Section 47-7-17 and Sections 1376
47-5-1001 through 47-5-1015 shall apply to the Parole Board and 1377
any offender placed in an electronic monitoring program by the 1378
Parole Board. 1379
(b) Any offender placed in an electronic monitoring 1380
program under this subsection shall pay the program fee provided 1381
in Section 47-5-1013. The program fees shall be deposited in the 1382
special fund created in Section 47-5-1007. 1383
(c) The department shall have absolute immunity from 1384
liability for any injury resulting from a determination by the 1385
Parole Board that an offender be placed in an electronic 1386
monitoring program. 1387
(8) (a) The Parole Board shall maintain a central registry 1388
of paroled inmates. The Parole Board shall place the following 1389
information on the registry: name, address, photograph, crime for 1390
which paroled, the date of the end of parole or flat-time date and 1391
other information deemed necessary. The Parole Board shall 1392
immediately remove information on a parolee at the end of his 1393
parole or flat-time date. 1394
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(b) When a person is placed on parole, the Parole Board 1395
shall inform the parolee of the duty to report to the parole 1396
officer any change in address ten (10) days before changing 1397
address. 1398
(c) The Parole Board shall utilize an internet website 1399
or other electronic means to release or publish the information. 1400
(d) Records maintained on the registry shall be open to 1401
law enforcement agencies and the public and shall be available no 1402
later than July 1, 2003. 1403
(9) An affirmative vote of at least four (4) members of the 1404
Parole Board shall be required to grant parole to an inmate 1405
convicted of capital murder or a sex crime. 1406
* * * 1407
SECTION 20. Section 47-7-3.1, Mississippi Code of 1972, is 1408
brought forward as follows: 1409
47-7-3.1. (1) In consultation with the Parole Board, the 1410
department shall develop a case plan for all parole-eligible 1411
inmates to guide an inmate's rehabilitation while in the 1412
department's custody and to reduce the likelihood of recidivism 1413
after release. 1414
(2) The case plan shall include, but not be limited to: 1415
(a) Programming and treatment requirements based on the 1416
results of a risk and needs assessment; 1417
(b) Any programming or treatment requirements contained 1418
in the sentencing order; and 1419
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(c) General behavior requirements in accordance with 1420
the rules and policies of the department. 1421
(3) With respect to parole-eligible inmates admitted to the 1422
department's custody on or after July 1, 2021, the department 1423
shall complete the case plan within ninety (90) days of admission. 1424
With respect to parole-eligible inmates admitted to the 1425
department's custody before July 1, 2021, the department shall 1426
complete the case plan by January 1, 2022. 1427
(4) The department shall provide the inmate with a written 1428
copy of the case plan and the inmate's caseworker shall explain 1429
the conditions set forth in the case plan. 1430
(a) Within ninety (90) days of admission, the 1431
caseworker shall notify the inmate of their parole eligibility 1432
date as calculated in accordance with Section 47-7-3(3); 1433
(b) At the time a parole-eligible inmate receives the 1434
case plan, the department shall send the case plan to the Parole 1435
Board for approval. 1436
(5) With respect to parole-eligible inmates admitted to the 1437
department's custody after July 1, 2021, the department shall 1438
ensure that the case plan is achievable prior to the inmate's 1439
parole eligibility date. With respect to parole-eligible inmates 1440
admitted to the department's custody before July 1, 2021, the 1441
department shall, to the extent possible, ensure that the case 1442
plan is achievable prior to the inmate's parole eligibility date 1443
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or next parole hearing date, or date of release, whichever is 1444
sooner. 1445
(6) The caseworker shall meet with the inmate every eight 1446
(8) weeks from the date the offender received the case plan to 1447
review the inmate's case plan progress. 1448
(7) Every four (4) months the department shall 1449
electronically submit a progress report on each parole-eligible 1450
inmate's case plan to the Parole Board. The board may meet to 1451
review an inmate's case plan and may provide written input to the 1452
caseworker on the inmate's progress toward completion of the case 1453
plan. 1454
(8) The Parole Board shall provide semiannually to the 1455
Oversight Task Force the number of parole hearings held, the 1456
number of prisoners released to parole without a hearing and the 1457
number of parolees released after a hearing. 1458
(9) If the Department of Corrections fails to adequately 1459
provide opportunity and access for the completion of such case 1460
plans, the Department of Corrections shall, to the extent 1461
possible, contract with regional jail facilities that offer 1462
educational development and job-training programs to facilitate 1463
the fulfillment of the case plans of parole-eligible inmates. 1464
SECTION 21. Section 47-7-3.2, Mississippi Code of 1972, is 1465
brought forward as follows: 1466
47-7-3.2. (1) Notwithstanding Section 47-5-138, 47-5-139, 1467
47-5-138.1 or 47-5-142, no person convicted of a criminal offense 1468
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on or after July 1, 2014, shall be released by the department 1469
until he or she has served no less than the percentage of the 1470
sentence or sentences imposed by the court as set forth below: 1471
(a) Twenty-five percent (25%) or ten (10) years, 1472
whichever is less, for a nonviolent crime; 1473
(b) Fifty percent (50%) or twenty (20) years, whichever 1474
is less, for a crime of violence pursuant to Section 97-3-2, 1475
except for robbery with a deadly weapon as defined in Section 1476
97-3-79, drive-by shooting as defined in Section 97-3-109, or 1477
carjacking as defined in Section 97-3-117; 1478
(c) Sixty percent (60%) or twenty-five (25) years, 1479
whichever is less, for robbery with a deadly weapon as defined in 1480
Section 97-3-79, drive-by shooting as defined in Section 97-3-109, 1481
or carjacking as defined in Section 97-3-117. 1482
(2) This section shall not apply to: 1483
(a) Offenders sentenced to life imprisonment; 1484
(b) Offenders convicted as habitual offenders pursuant 1485
to Sections 99-19-81 through 99-19-87; 1486
(c) Offenders serving a sentence for a sex offense; or 1487
(d) Offenders serving a sentence for trafficking 1488
pursuant to Section 41-29-139(f). 1489
SECTION 22. Section 47-7-15, Mississippi Code of 1972, is 1490
brought forward as follows: 1491
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47-7-15. The board shall adopt an official seal of which the 1492
courts shall take judicial notice. Decisions of the board shall 1493
be made by majority vote, except as provided in Section 47-7-5(9). 1494
The board shall keep a record of its acts and shall notify 1495
each institution of its decisions relating to the persons who are 1496
or have been confined therein. At the close of each fiscal year 1497
the board shall submit to the Governor and to the Legislature a 1498
report with statistical and other data of its work. 1499
SECTION 23. Section 47-7-17, Mississippi Code of 1972, is 1500
brought forward as follows: 1501
47-7-17. (1) Within one (1) year after his admission and at 1502
such intervals thereafter as it may determine, the board shall 1503
secure and consider all pertinent information regarding each 1504
offender, except any under sentence of death or otherwise 1505
ineligible for parole, including the circumstances of his offense, 1506
his previous social history, his previous criminal record, 1507
including any records of law enforcement agencies or of a youth 1508
court regarding that offender's juvenile criminal history, his 1509
conduct, employment and attitude while in the custody of the 1510
department, the case plan created to prepare the offender for 1511
parole, and the reports of such physical and mental examinations 1512
as have been made. The board shall furnish at least three (3) 1513
months' written notice to each such offender of the date on which 1514
he is eligible for parole. 1515
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(2) Except as provided in Section 47-7-18, the board shall 1516
require a parole-eligible offender to have a hearing as required 1517
in this chapter before the board and to be interviewed. The 1518
hearing shall be held no later than thirty (30) days prior to the 1519
month of eligibility. No application for parole of a person 1520
convicted of a capital offense shall be considered by the board 1521
unless and until notice of the filing of such application shall 1522
have been published at least once a week for two (2) weeks in a 1523
newspaper published in or having general circulation in the county 1524
in which the crime was committed. The board shall, within thirty 1525
(30) days prior to the scheduled hearing, also give notice of the 1526
filing of the application for parole to the victim of the offense 1527
for which the prisoner is incarcerated and being considered for 1528
parole or, in case the offense be homicide, a designee of the 1529
immediate family of the victim, provided the victim or designated 1530
family member has furnished in writing a current address to the 1531
board for such purpose. The victim or designated family member 1532
shall be provided an opportunity to be heard by the board before 1533
the board makes a decision regarding release on parole. The board 1534
shall consider whether any restitution ordered has been paid in 1535
full. Parole release shall, at the hearing, be ordered only for 1536
the best interest of society, not as an award of clemency; it 1537
shall not be considered to be a reduction of sentence or pardon. 1538
An offender shall be placed on parole only when arrangements have 1539
been made for his proper employment or for his maintenance and 1540
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care, and when the board believes that he is able and willing to 1541
fulfill the obligations of a law-abiding citizen. When the board 1542
determines that the offender will need transitional housing upon 1543
release in order to improve the likelihood of the offender 1544
becoming a law-abiding citizen, the board may parole the offender 1545
with the condition that the inmate spends no more than six (6) 1546
months in a transitional reentry center. At least fifteen (15) 1547
days prior to the release of an offender on parole, the director 1548
of records of the department shall give the written notice which 1549
is required pursuant to Section 47-5-177. Every offender while on 1550
parole shall remain in the legal custody of the department from 1551
which he was released and shall be amenable to the orders of the 1552
board. Upon determination by the board that an offender is 1553
eligible for release by parole, notice shall also be given within 1554
at least fifteen (15) days before release, by the board to the 1555
victim of the offense or the victim's family member, as indicated 1556
above, regarding the date when the offender's release shall occur, 1557
provided a current address of the victim or the victim's family 1558
member has been furnished in writing to the board for such 1559
purpose. 1560
(3) For any hearing where an offender has been convicted of 1561
a crime of violence, as set out under Section 97-3-2 or any 1562
offense set out under Section 47-7-3(1)(a) through (g), the board 1563
shall, within thirty (30) days prior to the scheduled hearing, 1564
solicit the written or oral recommendations of the Attorney 1565
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General, the attorney who prosecuted the case, the judge who 1566
presided over the case, the chief of police of the municipality 1567
where the offender was convicted and the sheriff of the county 1568
where the offender was convicted. 1569
(4) The board shall, within thirty (30) days prior to the 1570
scheduled hearing, also give written or electronic notice of the 1571
filing of the application for parole to the attorney who 1572
prosecuted the case, the judge who presided over the case, the 1573
chief of police of the municipality where the offender was 1574
convicted and the sheriff of the county where the offender was 1575
convicted. 1576
(5) If the attorney who prosecuted the case or the judge who 1577
presided over the case is not living or serving, solicitation for 1578
recommendations under subsection (3) and notice under subsection 1579
(4) shall be given to the district attorney and one of the judges 1580
of the court in which the offender was convicted. 1581
(6) Failure to provide notice to the victim or the victim's 1582
family member of the filing of the application for parole or of 1583
any decision made by the board regarding parole shall not 1584
constitute grounds for vacating an otherwise lawful parole 1585
determination nor shall it create any right or liability, civilly 1586
or criminally, against the board or any member thereof. 1587
(7) A letter of protest against granting an offender parole 1588
shall not be treated as the conclusive and only reason for not 1589
granting parole. 1590
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(8) The board may adopt such other rules not inconsistent 1591
with law as it may deem proper or necessary with respect to the 1592
eligibility of offenders for parole, the conduct of parole 1593
hearings, or conditions to be imposed upon parolees, including a 1594
condition that the parolee submit, as provided in Section 47-5-601 1595
to any type of breath, saliva or urine chemical analysis test, the 1596
purpose of which is to detect the possible presence of alcohol or 1597
a substance prohibited or controlled by any law of the State of 1598
Mississippi or the United States. The board shall have the 1599
authority to adopt rules related to the placement of certain 1600
offenders on unsupervised parole and for the operation of 1601
transitional reentry centers. However, in no case shall an 1602
offender be placed on unsupervised parole before he has served a 1603
minimum of fifty percent (50%) of the period of supervised parole. 1604
SECTION 24. Section 47-7-18, Mississippi Code of 1972, is 1605
brought forward as follows: 1606
47-7-18 (1) No inmate convicted of a sex offense as defined 1607
by Section 45-33-23(h), a crime of violence as defined by Section 1608
97-3-2, or both, nor an inmate who is eligible for geriatric 1609
parole shall be released on parole without a hearing before the 1610
Parole Board as required by Section 47-7-17. All other inmates 1611
eligible for parole pursuant to Section 47-7-3 shall be released 1612
from incarceration to parole supervision on the inmate's parole 1613
eligibility date, without a hearing before the board, if: 1614
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(a) The inmate has met the requirements of the parole 1615
case plan established pursuant to Section 47-7-3.1; 1616
(b) A victim of the offense has not requested the board 1617
conduct a hearing; 1618
(c) The inmate has not received a serious or major 1619
violation report within the past six (6) months; 1620
(d) The inmate has agreed to the conditions of 1621
supervision; and 1622
(e) The inmate has a discharge plan approved by the 1623
board. 1624
(2) At least thirty (30) days prior to an inmate's parole 1625
eligibility date, the department shall notify the board in writing 1626
of the inmate's compliance or noncompliance with the case plan. 1627
If an inmate fails to meet a requirement of the case plan, prior 1628
to the parole eligibility date, he or she shall have a hearing 1629
before the board to determine if completion of the case plan can 1630
occur while in the community. 1631
(3) Any inmate for whom there is insufficient information 1632
for the department to determine compliance with the case plan 1633
shall have a hearing with the board. 1634
(4) A hearing shall be held with the board if requested by 1635
the victim following notification of the inmate's parole release 1636
date pursuant to Section 47-7-17. 1637
(5) A hearing shall be held by the board if a law 1638
enforcement official from the community to which the inmate will 1639
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return contacts the board or the department and requests a hearing 1640
to consider information relevant to public safety risks posed by 1641
the inmate if paroled at the initial parole eligibility date. The 1642
law enforcement official shall submit an explanation documenting 1643
these concerns for the board to consider. 1644
(6) If a parole hearing is held, the board may determine the 1645
inmate has sufficiently complied with the case plan or that the 1646
incomplete case plan is not the fault of the inmate and that 1647
granting parole is not incompatible with public safety, the board 1648
may then parole the inmate with appropriate conditions. If the 1649
board determines that the inmate has sufficiently complied with 1650
the case plan but the discharge plan indicates that the inmate 1651
does not have appropriate housing immediately upon release, the 1652
board may parole the inmate to a transitional reentry center with 1653
the condition that the inmate spends no more than six (6) months 1654
in the center. If the board determines that the inmate has not 1655
substantively complied with the requirement(s) of the case plan it 1656
may deny parole. If the board denies parole, the board may 1657
schedule a subsequent parole hearing and, if a new date is 1658
scheduled, the board shall identify the corrective action the 1659
inmate will need to take in order to be granted parole. Any 1660
inmate not released at the time of the inmate's initial parole 1661
date shall have a parole hearing at least every year. 1662
SECTION 25. Section 47-5-473, Mississippi Code of 1972, is 1663
amended as follows: 1664
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47-5-473. (1) The Sheriffs of Rankin County, Harrison 1665
County, Lee County and Hinds County are authorized to establish a 1666
Pilot Work Release Program. No person sentenced for a crime 1667
listed in Section 97-3-2 shall be eligible for participation in 1668
the program established under this section. During the pilot 1669
phase of the program, there shall be a limit of twenty-five (25) 1670
people in the program at a time. 1671
(2) The sheriff shall collect and maintain data which shall 1672
be shared semiannually with the Joint Legislative Committee on 1673
Performance Evaluation and Expenditure Review (PEER) and the 1674
Corrections and Criminal Justice Oversight Task Force in sortable 1675
electronic format. The first report shall be made before January 1676
15, 2022, and in six-month intervals thereafter. The data shall 1677
include: 1678
(a) Total number of participants at the beginning of 1679
each month by race, gender, and offenses charged; 1680
(b) Total number of participants at the end of each 1681
month by race, gender, and offenses charged; 1682
(c) Total number of participants who began the program 1683
in each month by race, gender, and offenses charged; 1684
(d) Total number of participants who successfully 1685
completed the program in each month by race, gender, and offenses 1686
charged; 1687
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(e) Total number of participants who left the program 1688
in each month and reason for leaving by race, gender, and offenses 1689
charged; 1690
(f) Total number of participants who were arrested for 1691
a new criminal offense while in the program in each month by race, 1692
gender, and offenses charged; 1693
(g) Total number of participants who were convicted of 1694
a new crime while in the program in each month by race, gender, 1695
and offenses charged; 1696
(h) Total number of participants who completed the 1697
program and were convicted of a new crime within three (3) years 1698
of completing the program; 1699
(i) Total amount earned by participants and how the 1700
earnings were distributed in each month; 1701
(j) Results of any initial risk and needs assessments 1702
conducted on each participant by race, gender, and offenses 1703
charged; and 1704
(k) Any other data or information as requested by the 1705
task force. 1706
(3) Any person who has been sentenced to confinement in jail 1707
or who has been sentenced for a felony conviction but is confined 1708
in a jail may request assignment to the work release program 1709
established under this section. Admission to the program shall be 1710
in the discretion of the sheriff. The sheriff may further 1711
authorize the offender to participate in educational or other 1712
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rehabilitative programs designed to supplement his work release 1713
employment or to prepare the person for successful reentry. No 1714
offender shall be eligible for this program if he or she has more 1715
than one (1) year remaining on his or her sentence. 1716
(4) The sheriff shall adopt and publish rules and 1717
regulations prior to accepting inmates. These rules and 1718
regulations shall at a minimum include all requirements for work 1719
release programs established pursuant to Sections 47-5-451 through 1720
47-5-471. Participating employers shall pay no less than the 1721
prevailing wage for the position and shall under no circumstance 1722
pay less than the federal minimum wage. 1723
(5) Any offender assigned to such a program by the sheriff 1724
who, without proper authority or just cause, leaves the area to 1725
which he has been assigned to work or attend educational or other 1726
rehabilitative programs, or leaves the vehicle or route of travel 1727
involved in his or her going to or returning from such place, will 1728
be guilty of escape as provided in Section 97-9-49. An offender 1729
who is found guilty under this section shall be ineligible for 1730
further participation in a work release program during his or her 1731
current term of confinement. 1732
(6) (a) The offender shall maintain an account through a 1733
local financial institution and shall provide a copy of a check 1734
stub to the sheriff. 1735
(b) The offender shall be required: 1736
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(i) To pay twenty-five percent (25%) of his or her 1737
wages after mandatory deductions for the following purposes: 1738
(1.) To pay support of dependents or to the 1739
Mississippi Department of Human Services on behalf of dependents 1740
as may be ordered by a judge of competent jurisdiction; and 1741
(2.) To pay any fines, restitution, or costs 1742
as ordered by the court to include any fines and fees associated 1743
with obtaining a valid driver's license upon release. 1744
(ii) To pay fifteen percent (15%) of the 1745
offender's wages to the sheriff's department for administrative 1746
expenses to include transportation costs. 1747
(iii) To save fifty percent (50%) of the 1748
offender's wages in the account required under paragraph (a) of 1749
this subsection. Monies under this subparagraph shall be made 1750
available to the offender upon parole or release. 1751
(c) The offender shall have access to the remaining ten 1752
percent (10%) of the monies in his or her account to purchase 1753
incidental expenses. 1754
(d) Any monies remaining under paragraph (a) of this 1755
subsection after all mandatory deductions are paid, shall be 1756
deposited in the inmate's account established under this 1757
subsection. Any monies remaining upon release in paragraph (c) of 1758
this subsection shall be released to the inmate. 1759
(7) The Joint Legislative Committee on Performance 1760
Evaluation and Expenditure Review (PEER) shall conduct a review of 1761
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the work release program established under this section and 1762
beginning in 2024 produce an annual report due December 1 each 1763
year to the Legislature on the effectiveness of the program. The 1764
PEER Committee shall seek the assistance of the Corrections and 1765
Criminal Justice Task Force and may seek assistance from any other 1766
criminal justice experts it deems necessary during its review. 1767
(8) This section shall stand repealed on July 1, * * * 2030. 1768
SECTION 26. Section 47-5-577, Mississippi Code of 1972, is 1769
amended as follows: 1770
47-5-577. Sections 47-5-531 through 47-5-575, which create 1771
the Mississippi Prison Industries Act of 1990, shall stand 1772
repealed from and after July 1, * * * 2030. 1773
SECTION 27. Section 47-5-911, Mississippi Code of 1972, is 1774
amended as follows: 1775
47-5-911. Sections 47-5-901 through 47-5-911 shall stand 1776
repealed on July 1, * * * 2030. 1777
SECTION 28. Section 47-5-1251, Mississippi Code of 1972, is 1778
amended as follows: 1779
47-5-1251. (1) There is created the "Prison Industry 1780
Enhancement Program," through which the Department of Corrections 1781
may contract with the nonprofit corporation organized and formed 1782
under the "Mississippi Prison Industries Act of 1990" to employ 1783
offenders within the custody of the department or prison 1784
industries. 1785
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(2) Except as provided in Section 47-5-579, which is the 1786
provision authorizing a work initiative, the offenders must be 1787
under the supervision of the department at all times while 1788
working. The offenders shall be paid, by the entity or entities, 1789
wages at a rate which is not less than that paid for similar work 1790
in the locality in which the work is performed. The wages may be 1791
subject to deductions which shall not, in the aggregate, exceed 1792
eighty percent (80%) of gross wages. The deductions shall be 1793
limited to the following: 1794
(a) To pay federal, state and local taxes; 1795
(b) To pay reasonable charges for room and board as 1796
determined by regulations issued by the Commissioner of 1797
Corrections; 1798
(c) To support the offender's family pursuant to state 1799
statute, court order or agreement by the offender; and 1800
(d) To pay contributions equaling not less than five 1801
percent (5%) but not more than twenty percent (20%) of the 1802
offender's gross wages into the Crime Victims' Compensation Fund 1803
as created in Section 99-41-29. 1804
(3) Notwithstanding any other provision of the law to the 1805
contrary, the offenders shall not be qualified to receive any 1806
payments for unemployment compensation while incarcerated. 1807
However, the offenders shall not solely by their status as 1808
offenders be deprived of the right to participate in benefits made 1809
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ST: State Penitentiary at Parchman; phase down
operation over four-year period.
available by the federal or state government to other individuals 1810
on the basis of their employment, such as workers' compensation. 1811
(4) Offenders who participate in the employment must do so 1812
voluntarily and must agree in advance to the specific deductions 1813
made from gross wages pursuant to this section and to all other 1814
financial arrangements or benefits resulting from participation in 1815
the employment. 1816
(5) The Department of Corrections shall develop rules and 1817
regulations to meet the criteria established by the Bureau of 1818
Justice Assistance under the Prison Industry Enhancement 1819
Certification Program. 1820
(6) This section shall stand repealed on July 1, * * * 2030. 1821
SECTION 29. This act shall take effect and be in force from 1822
and after July 1, 2026. 1823