Certain restitution centers; transition to post-release reentry centers.

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

By: Senator(s) Simmons (12th)

SENATE BILL NO. 2204

AN ACT TO END THE USE OF THE GREENWOOD RESTITUTION CENTER, 1
THE HINDS COUNTY RESTITUTION CENTER AND THE PASCAGOULA RESTITUTION 2
CENTER AND CONVERT SAID FACILITIES TO POST-RELEASE REENTRY 3
CENTERS; TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO OPERATE 4
SAID FACILITIES; TO AMEND SECTION 25-3-25, MISSISSIPPI CODE OF 5
1972, TO OUTLINE THE DUTIES AND COMPENSATION FOR SHERIFFS, FOR THE 6
PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 45-33-27, 7
MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE TIME FRAME FOR 8
REGISTRATION OF OFFENDERS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; 9
TO BRING FORWARD SECTION 45-33-35, MISSISSIPPI CODE OF 1972, WHICH 10
PROVIDES FOR A CENTRAL REGISTRY OF OFFENDERS, FOR THE PURPOSE OF 11
POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 47-5-10, MISSISSIPPI 12
CODE OF 1972, WHICH OUTLINES DEPARTMENT FUNCTIONS, FOR THE PURPOSE 13
OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 47-5-26, 14
MISSISSIPPI CODE OF 1972, WHICH OUTLINES SUBORDINATE PERSONNEL, 15
FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 16
47-5-110, MISSISSIPPI CODE OF 1972, WHICH ASSIGNS THE PRE-RELEASE 17
PROGRAM, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD 18
SECTION 47-5-194, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE 19
CASHLESS SYSTEM AND PROHIBITS FINANCIAL ITEMS, FOR THE PURPOSE OF 20
POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 47-5-1207, 21
MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE CONSTRUCTION OF 22
ADDITIONAL PUBLIC OR PRIVATE CORRECTIONAL FACILITIES, FOR THE 23
PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 47-7-37, 24
MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR PROBATION VIOLATIONS 25
AND PROCEDURES FOR BAIL, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO 26
REPEAL SECTION 99-37-19, MISSISSIPPI CODE OF 1972, WHICH 27
AUTHORIZES THE ESTABLISHMENT OF RESTITUTION CENTERS; TO REPEAL 28
SECTION 99-37-21, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE 29
COOPERATION OF THE DEPARTMENT OF PUBLIC WELFARE AND THE DEPARTMENT 30
OF CORRECTIONS AT RESTITUTION CENTERS; AND FOR RELATED PURPOSES. 31
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 32
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SECTION 1. (1) The Department of Corrections is directed to 33
convert the Greenwood Restitution Center, Flowood Restitution 34
Center, Hinds County Restitution Center, and Pascagoula 35
Restitution Center to operate as post-release reentry centers. 36
(2) A person who is eligible for release, including parole 37
and early release supervision, is eligible for placement in a 38
post-release reentry center. Participation in a post-release 39
reentry center is intended for those who do not have immediate 40
access to housing or other support services upon release from 41
incarceration. Residents of post-release reentry centers shall 42
remain at a center for ninety (90) days or until other housing 43
becomes available, whichever period is shorter. A person 44
otherwise eligible for release from incarceration may not be 45
detained due to his or her refusal to accept placement in a 46
post-release reentry center. The residence restrictions of 47
Section 45-33-25 do not apply to post-release reentry centers 48
regardless of the location of the center. 49
SECTION 2. (1) The Department of Corrections must institute 50
and administer services in post-release reentry centers at the 51
facilities identified in Section 1 of this act and at other 52
facilities that provide post-release reentry services. 53
(2) The Department of Corrections must: 54
(a) Seek funding from federal or other sources to 55
provide the maximum supportive services for residents and the 56
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families of residents who are participating in a post-release 57
reentry program; 58
(b) Develop programs at post-release reentry centers 59
through which residents are provided support, training, and 60
connection to services necessary to contribute to society and the 61
support of themselves and their families upon returning to local 62
communities following incarceration; and 63
(c) Develop evidence-based pilot programs in 64
furtherance of aiding personal growth and development, overcoming 65
problematic behaviors, establishing a verified residency plan, and 66
teaching skills to enhance the resident's quality of life and 67
successful reentry into the community. Such programs may be 68
residential or nonresidential as appropriate. 69
(3) The Department of Corrections must assist residents in 70
obtaining: 71
(a) Counseling or case-management services; 72
(b) Housing; 73
(c) Employment or job skills training; 74
(d) State-issued driver's licenses or a state-issued 75
identification card should a driver's license be unobtainable; 76
(e) Health care services; 77
(f) Educational services; 78
(g) Cognitive behavioral programs; 79
(h) Drug and alcohol treatment and recovery services; 80
and 81
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(i) Other community support services. 82
SECTION 3. Section 25-3-25, Mississippi Code of 1972, is 83
amended as follows: 84
25-3-25. (1) Except as otherwise provided in subsections 85
(2) through (3) of this section, the salaries of sheriffs of the 86
various counties are fixed as full compensation for their 87
services. 88
The annual salary for each sheriff shall be based upon the 89
total population of his county according to the latest federal 90
decennial census in the following categories and for the following 91
amounts; however, no sheriff shall be paid less than the salary 92
authorized under this section to be paid the sheriff based upon 93
the population of the county according to the most recent federal 94
decennial census: 95
(a) For counties with a total population of more than 96
one hundred thousand (100,000), a salary of One Hundred Four 97
Thousand Dollars ($104,000.00). 98
(b) For counties with a total population of more than 99
forty-four thousand (44,000) and not more than one hundred 100
thousand (100,000), a salary of Ninety-five Thousand Dollars 101
($95,000.00). 102
(c) For counties with a total population of more than 103
thirty thousand (30,000) and not more than forty-four thousand 104
(44,000), a salary of Ninety Thousand Dollars ($90,000.00). 105
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(d) For counties with a total population of more than 106
twelve thousand five hundred (12,500) and not more than thirty 107
thousand (30,000), a salary of Eighty-five Thousand Dollars 108
($85,000.00). 109
(e) For counties with a total population of not more 110
than twelve thousand five hundred (12,500), a salary of Eighty 111
Thousand Dollars ($80,000.00). 112
(2) In addition to the salary provided in subsection (1) of 113
this section, the board of supervisors of any county, in its 114
discretion, may pay an annual supplement to the sheriff of the 115
county in an amount not to exceed Thirty-five Thousand Dollars 116
($35,000.00). The amount of the supplement shall be spread on the 117
minutes of the board. 118
(3) In addition to the salary provided in subsection (1) of 119
this section and any supplements authorized in subsection (2) of 120
this section, a sheriff may receive the premium pay provided for 121
in Section 45-2-41 as part of the sheriff's compensation. 122
(4) (a) The salaries provided in this section shall be 123
payable monthly on the first day of each calendar month by 124
chancery clerk's warrant drawn on the general fund of the county; 125
however, the board of supervisors, by resolution duly adopted and 126
entered on its minutes, may provide that such salaries shall be 127
paid semimonthly on the first and fifteenth day of each month. If 128
a pay date falls on a weekend or legal holiday, salary payments 129
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shall be made on the workday immediately preceding the weekend or 130
legal holiday. 131
(b) At least Ten Dollars ($10.00) from each fee 132
collected and deposited into the county's general fund under the 133
provisions of * * * Section 25-7-19(1)(a), (c) and (g) shall be 134
used for the sheriffs' salaries authorized in Section 25-3-25; as 135
such ten-dollar * * * amount was authorized * * * in Chapter 331, 136
Laws of 2007, for the purpose of providing additional monies to 137
the counties for sheriffs' salaries. 138
(5) (a) All sheriffs, each year, shall attend twenty (20) 139
hours of continuing education courses in law enforcement. Such 140
courses shall be approved by the Mississippi Board on Law 141
Enforcement Officer Standards and Training. Such education 142
courses may be provided by an accredited law enforcement academy 143
or by the Mississippi Sheriffs' Association. 144
(b) The Mississippi Board on Law Enforcement Officer 145
Standards and Training shall reimburse each county for the 146
expenses incurred by sheriffs and deputy sheriffs for attendance 147
at any approved training programs as required by this subsection. 148
(6) Notwithstanding any provision of this section to the 149
contrary, no sheriff shall receive for his services an annual 150
salary less than the salary paid to that sheriff on July 1, 2024. 151
SECTION 4. Section 45-33-27, Mississippi Code of 1972, is 152
brought forward as follows: 153
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45-33-27. (1) A person required to register on the basis of 154
a conviction, adjudication of delinquency or acquittal by reason 155
of insanity entered shall register with the responsible agency 156
within three (3) business days of the date of judgment unless the 157
person is immediately confined or committed, in which case the 158
person shall register before release in accordance with the 159
procedures established by the department. The responsible agency 160
shall immediately forward the registration information to the 161
Department of Public Safety. The person is also required to 162
personally appear at a facility designated by the Department of 163
Public Safety, or in a manner of the Department of Public Safety's 164
choosing, including by electronic means, within three (3) days of 165
registration with the responsible agency and to obtain a sex 166
offender registration card. 167
(2) If a person who is required to register under this 168
section is released from prison or placed on parole or supervised 169
release or in a restitution center or community work center, the 170
Department of Corrections shall perform the registration duties 171
before placement in a center or before release and immediately 172
forward the registration information to the Department of Public 173
Safety. The person is also required to personally appear at a 174
facility designated by the Department of Public Safety, or in a 175
manner of the Department of Public Safety's choosing, including by 176
electronic means, within three (3) days of release or placement in 177
a restitution center or community work center. 178
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(3) If a person required to register under this section is 179
placed on probation, the court, at the time of entering the order, 180
shall register the person and immediately forward the registration 181
information to the Department of Public Safety. The person is 182
also required to personally appear at a facility designated by the 183
Department of Public Safety, or in a manner of the Department of 184
Public Safety's choosing, including by electronic means, within 185
three (3) days of the entry of the order. 186
(4) Any person required to register who is neither 187
incarcerated, detained nor committed at the time the requirement 188
to register attaches shall present himself to the county sheriff 189
to register within three (3) business days, and shall personally 190
appear at a facility designated by the Department of Public 191
Safety, or in a manner of the Department of Public Safety's 192
choosing, including by electronic means, within three (3) days of 193
the time the requirement to register attaches. 194
(5) An offender moving to or returning to this state from 195
another jurisdiction shall notify the Department of Public Safety 196
ten (10) days before the person first resides in or returns to 197
this state and shall present himself to the sheriff of the county 198
of his residence within three (3) business days after first 199
residing in or returning to a county of this state to provide the 200
required registration information. The person is also required to 201
register by personally appearing at a facility designated by the 202
Department of Public Safety, or in a manner of the Department of 203
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Public Safety's choosing, including by electronic means, within 204
three (3) days after first residing in or moving to a county of 205
this state. If the offender fails to appear for registration as 206
required in this state, the department shall notify the other 207
jurisdiction of the failure to register. 208
(6) A person, other than a person confined in a correctional 209
or juvenile detention facility or involuntarily committed on the 210
basis of mental illness, who is required to register on the basis 211
of a sex offense for which a conviction, adjudication of 212
delinquency or acquittal by reason of insanity was entered shall 213
register with the sheriff of the county in which he resides no 214
later than August 15, 2000, or within three (3) business days of 215
first residing in or returning to a county of this state. 216
(7) Every person required to register shall show proof of 217
domicile. The commissioner shall promulgate any rules and 218
regulations necessary to enforce this requirement and shall 219
prescribe the means by which such person may show domicile. 220
(8) Any driver's license photograph, I.D. photograph, sex 221
offender photograph, fingerprint, driver's license application 222
and/or anything submitted to the Department of Public Safety by a 223
known convicted sex offender, registered or not registered, can be 224
used by the Department of Public Safety or any other authorized 225
law enforcement agency for any means necessary in registration, 226
identification, investigation regarding their tracking or 227
identification. 228
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(9) The department will assist local law enforcement 229
agencies in the effort to conduct address and other verifications 230
of registered sex offenders and will assist in the location and 231
apprehension of noncompliant sex offenders. 232
SECTION 5. Section 45-33-35, Mississippi Code of 1972, is 233
brought forward as follows: 234
45-33-35. (1) The Mississippi Department of Public Safety 235
shall maintain a central registry of sex offender information as 236
defined in Section 45-33-25 and shall adopt rules and regulations 237
necessary to carry out this section. The responsible agencies 238
shall provide the information required in Section 45-33-25 on a 239
form developed by the department to ensure accurate information is 240
maintained. 241
(2) Upon conviction, adjudication or acquittal by reason of 242
insanity of any sex offender, if the sex offender is not 243
immediately confined or not sentenced to a term of imprisonment, 244
the clerk of the court which convicted and sentenced the sex 245
offender shall inform the person of the duty to register, 246
including the duty to personally appear at a facility designated 247
by the Department of Public Safety, or in a manner of the 248
Department of Public Safety's choosing, including by electronic 249
means, and shall perform the registration duties as described in 250
Section 45-33-23 and forward the information to the department. 251
(3) Before release from prison or placement on parole, 252
supervised release or in a work center or restitution center, the 253
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Department of Corrections shall inform the person of the duty to 254
register, including the duty to personally appear at a facility 255
designated by the Department of Public Safety, or in a manner of 256
the Department of Public Safety's choosing, including by 257
electronic means, and shall perform the registration duties as 258
described in Section 45-33-23 and forward the information to the 259
Department of Public Safety. 260
(4) Before release from a community regional mental health 261
center or from confinement in a mental institution following an 262
acquittal by reason of insanity, the director of the facility 263
shall inform the offender of the duty to register, including the 264
duty to personally appear at a facility designated by the 265
Department of Public Safety, or in a manner of the Department of 266
Public Safety's choosing, including by electronic means, and shall 267
perform the registration duties as described in Section 45-33-23 268
and forward the information to the Department of Public Safety. 269
(5) Before release from a youthful offender facility, the 270
director of the facility shall inform the person of the duty to 271
register, including the duty to personally appear at a facility 272
designated by the Department of Public Safety, or in a manner of 273
the Department of Public Safety's choosing, including by 274
electronic means, and shall perform the registration duties as 275
described in Section 45-33-23 and forward the information to the 276
Department of Public Safety. 277
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(6) In addition to performing the registration duties, the 278
responsible agency shall: 279
(a) Inform the person having a duty to register that: 280
(i) The person is required to personally appear at 281
a facility designated by the Department of Public Safety, or in a 282
manner of the Department of Public Safety's choosing, including by 283
electronic means, at least ten (10) days before changing address. 284
(ii) Any change of address to another jurisdiction 285
shall be reported to the department by personally appearing at a 286
facility designated by the Department of Public Safety, or in a 287
manner of the Department of Public Safety's choosing, including by 288
electronic means, not less than ten (10) days before the change of 289
address. The offender shall comply with any registration 290
requirement in the new jurisdiction. 291
(iii) The person must register in any jurisdiction 292
where the person is employed, carries on a vocation, is stationed 293
in the military or is a student. 294
(iv) Address verifications shall be made by 295
personally appearing at a facility designated by the Department of 296
Public Safety, or in a manner of the Department of Public Safety's 297
choosing, including by electronic means, within the required time 298
period. 299
(v) Notification or verification of a change in 300
status of a registrant's enrollment, employment or vocation at any 301
public or private educational institution, including any secondary 302
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school, trade or professional institution, or institution of 303
higher education shall be reported to the department by personally 304
appearing at a facility designated by the Department of Public 305
Safety, or in a manner of the Department of Public Safety's 306
choosing, including by electronic means, within three (3) business 307
days of the change. 308
(vi) If the person has been convicted of a sex 309
offense, the person shall notify any organization for which the 310
person volunteers in which volunteers have direct, private or 311
unsupervised contact with minors that the person has been 312
convicted of a sex offense as provided in Section 45-33-32(1). 313
(vii) Upon any change of name or employment, a 314
registrant is required to personally appear at a facility 315
designated by the Department of Public Safety, or in a manner of 316
the Department of Public Safety's choosing, including by 317
electronic means, within three (3) business days of the change. 318
(viii) Upon any change of vehicle information, a 319
registrant is required to report the change on an appropriate form 320
supplied by the department within three (3) business days of the 321
change. 322
(ix) Upon any change of e-mail address or 323
addresses, instant message address or addresses or any other 324
designation used in Internet communications, postings or telephone 325
communications, a registrant is required to report the change on 326
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an appropriate form supplied by the department within three (3) 327
business days of the change. 328
(x) Upon any change of information deemed to be 329
necessary to the state's policy to assist local law enforcement 330
agencies' efforts to protect their communities, a registrant is 331
required to report the change on an appropriate form supplied by 332
the department within three (3) business days of the change. 333
(b) Require the person to read and sign a form stating 334
that the duty of the person to register under this chapter has 335
been explained. 336
(c) Obtain or facilitate the obtaining of a biological 337
sample from every registrant as required by this chapter if such 338
biological sample has not already been provided to the Mississippi 339
Forensics Laboratory. 340
(d) Provide a copy of the order of conviction or 341
sentencing order to the department at the time of registration. 342
SECTION 6. Section 47-5-10, Mississippi Code of 1972, is 343
brought forward as follows: 344
47-5-10. (1) The department shall have the following powers 345
and duties: 346
(a) To accept adult offenders committed to it by the 347
courts of this state for incarceration, care, custody, treatment 348
and rehabilitation; 349
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(b) To provide for the care, custody, study, training, 350
supervision and treatment of adult offenders committed to the 351
department; 352
(c) To maintain, administer and exercise executive and 353
administrative supervision over all state correctional 354
institutions and facilities used for the custody, training, care, 355
treatment and after-care supervision of adult offenders committed 356
to the department; provided, however, that such supervision shall 357
not extend to any institution or facility for which executive and 358
administrative supervision has been provided by law through 359
another agency; 360
(d) To plan, develop and coordinate a statewide, 361
comprehensive correctional program designed to train and 362
rehabilitate offenders in order to prevent, control and retard 363
recidivism; 364
(e) To maintain records of persons committed to it, and 365
to establish programs of research, statistics and planning: 366
(i) An offender's records shall include a single 367
cover sheet that contains the following information about the 368
offender: name, including any aliases; department inmate number; 369
social security number; photograph; court of conviction; cause 370
number; date of conviction; date of sentence; total number of days 371
in the department's custody or number of days creditable toward 372
time served on each charge; date of actual custody; and date of 373
any revocation of a suspended sentence; 374
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(ii) The department shall maintain an offender's 375
cover sheet in the course of its regularly conducted business 376
activities and shall include an offender's cover sheet in each 377
request from a court, prosecutor or law enforcement agency for a 378
summary of an offender's records with the department, also known 379
as a "pen-pack." The cover sheet shall conform to Rules 803(6) 380
and 803(8) of the Mississippi Rules of Evidence for admission as 381
an exception to the hearsay rule and may be admissible when 382
properly authenticated according to evidentiary rules and when 383
offered for the purpose of enhanced sentencing under Section 384
41-29-147, 99-19-81 or 99-19-83 or other similar purposes; and 385
(iii) This subsection is not intended to conflict 386
with an offender's right of confrontation in criminal proceedings 387
under the state or federal constitution; 388
(f) To investigate the grievances of any person 389
committed to the department, and to inquire into any alleged 390
misconduct by employees; and for this purpose it may issue 391
subpoenas and compel the attendance of witnesses and the 392
production of writings and papers, and may examine under oath any 393
witnesses who may appear before it; 394
(g) To administer programs of training and development 395
of personnel of the department; 396
(h) To develop and implement diversified programs and 397
facilities to promote, enhance, provide and assure the 398
opportunities for the successful custody, training and treatment 399
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of adult offenders properly committed to the department or 400
confined in any facility under its control. Such programs and 401
facilities may include, but not be limited to, institutions, group 402
homes, halfway houses, diagnostic centers, work and educational 403
release centers, technical violation centers, restitution centers, 404
counseling and supervision of probation, parole, suspension and 405
compact cases, presentence investigating and other state and local 406
community-based programs and facilities; 407
(i) To receive, hold and use, as a corporate body, any 408
real, personal and mixed property donated to the department, and 409
any other corporate authority as shall be necessary for the 410
operation of any facility at present or hereafter; 411
(j) To provide those personnel, facilities, programs 412
and services the department shall find necessary in the operation 413
of a modern correctional system for the custody, care, study and 414
treatment of adult offenders placed under its jurisdiction by the 415
courts and other agencies in accordance with law; 416
(k) To develop the capacity and administrative network 417
necessary to deliver advisory consultation and technical 418
assistance to units of local government for the purpose of 419
assisting them in developing model local correctional programs for 420
adult offenders; 421
(l) To cooperate with other departments and agencies 422
and with local communities for the development of standards and 423
programs for better correctional services in this state; 424
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(m) To administer all monies and properties of the 425
department; 426
(n) To report annually to the Legislature and the 427
Governor on the committed persons, institutions and programs of 428
the department; 429
(o) To cooperate with the courts and with public and 430
private agencies and officials to assist in attaining the purposes 431
of this chapter and Chapter 7 of this title. The department may 432
enter into agreements and contracts with other departments of 433
federal, state or local government and with private agencies 434
concerning the discharge of its responsibilities or theirs. The 435
department shall have the authority to accept and expend or use 436
gifts, grants and subsidies from public and private sources; 437
(p) To make all rules and regulations and exercise all 438
powers and duties vested by law in the department; 439
(q) The department may require a search of all persons 440
entering the grounds and facilities at the correctional system; 441
(r) To submit, in a timely manner, to the Oversight 442
Task Force established in Section 47-5-6 any reports required by 443
law or regulation or requested by the task force; and 444
(s) To discharge any other power or duty imposed or 445
established by law. 446
(2) The department is hereby established as a Local 447
Educational Agency and an Educational Service Agency both as 448
defined in 34 CFR Section 300, to receive Title I, Part B funding 449
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and other available funding and to provide educational services to 450
eligible incarcerated students. The department is authorized, if 451
necessary, to adopt policies and procedures to carry out its 452
responsibilities as a Local Educational Agency and an Educational 453
Service Agency. 454
SECTION 7. Section 47-5-26, Mississippi Code of 1972, is 455
brought forward as follows: 456
47-5-26. (1) The commissioner shall employ the following 457
personnel: 458
(a) A Deputy Commissioner for Administration and 459
Finance, who shall supervise and implement all fiscal policies and 460
programs within the department, supervise and implement all hiring 461
and personnel matters within the department, supervise the 462
department's personnel director, supervise and implement all 463
purchasing within the department and supervise and implement all 464
data processing activities within the department, and who shall 465
serve as the Chief Executive Officer of the Division of 466
Administration and Finance. He shall possess either: 467
(i) A master's degree from an accredited four-year 468
college or university in public or business administration, 469
accounting, economics or a directly related field, and four (4) 470
years of experience in work related to the above-described duties, 471
one (1) year of which must have included line or functional 472
supervision; or 473
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(ii) A bachelor's degree from an accredited 474
four-year college or university in public or business 475
administration, accounting, economics or a directly related field, 476
and six (6) years of experience in work related to the 477
above-described duties, one (1) year of which must have included 478
line or functional supervision. Certification by the State of 479
Mississippi as a certified public accountant may be substituted 480
for one (1) year of the required experience. 481
(b) A Deputy Commissioner for Community Corrections, 482
who shall initiate and administer programs, including, but not 483
limited to, supervision of probationers, parolees and 484
suspensioners, counseling, community-based treatment, interstate 485
compact administration and enforcement, prevention programs, 486
halfway houses and group homes, technical violation centers, 487
restitution centers, presentence investigations, and work and 488
educational releases, and shall serve as the Chief Executive 489
Officer of the Division of Community Services. The Deputy 490
Commissioner for Community Corrections is charged with full and 491
complete cooperation with the State Parole Board and shall make 492
monthly reports to the Chairman of the Parole Board in the form 493
and type required by the chairman, in his discretion, for the 494
proper performance of the probation and parole functions. After a 495
plea or verdict of guilty to a felony is entered against a person 496
and before he is sentenced, the Deputy Commissioner for Community 497
Corrections shall procure from any available source and shall file 498
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in the presentence records any information regarding any criminal 499
history of the person such as fingerprints, dates of arrests, 500
complaints, civil and criminal charges, investigative reports of 501
arresting and prosecuting agencies, reports of the National Crime 502
Information Center, the nature and character of each offense, 503
noting all particular circumstances thereof and any similar data 504
about the person. The Deputy Commissioner for Community 505
Corrections shall keep an accurate and complete duplicate record 506
of this file and shall furnish the duplicate to the department. 507
This file shall be placed in and shall constitute a part of the 508
inmate's master file. The Deputy Commissioner for Community 509
Corrections shall furnish this file to the State Parole Board when 510
the file is needed in the course of its official duties. He shall 511
possess either: (i) a master's degree in counseling, corrections 512
psychology, guidance, social work, criminal justice or some 513
related field and at least four (4) years' full-time experience in 514
such field, including at least one (1) year of supervisory 515
experience; or (ii) a bachelor's degree in a field described in 516
subparagraph (i) of this paragraph and at least six (6) years' 517
full-time work in corrections, one (1) year of which shall have 518
been at the supervisory level. 519
(c) A Deputy Commissioner for Institutions, who shall 520
administer institutions, reception and diagnostic centers, 521
prerelease centers and other facilities and programs provided 522
therein, and shall serve as the Chief Executive Officer of the 523
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Division of Institutions. He shall possess either: (i) a 524
master's degree in counseling, criminal justice, psychology, 525
guidance, social work, business or some related field, and at 526
least four (4) years' full-time experience in corrections, 527
including at least one (1) year of correctional management 528
experience; or (ii) a bachelor's degree in a field described in 529
subparagraph (i) of this paragraph and at least six (6) years' 530
full-time work in corrections, four (4) years of which shall have 531
been at the correctional management level. 532
(d) A Deputy Commissioner for Programs, Education and 533
Reentry, who shall initiate and administer programs, including but 534
not limited to, education services, religious services, moral 535
rehabilitation, alcohol and drug rehabilitation, and court 536
reentry. The Deputy Commissioner for Programs, Education and 537
Reentry may coordinate with any educational institution to develop 538
a program for moral rehabilitation with an emphasis on promoting 539
effective programs for release. The Deputy Commissioner for 540
Programs, Education and Reentry shall focus on reentry programs 541
aimed at reducing recidivism. The programs shall incorporate a 542
moral component focused on providing offenders with an opportunity 543
to make positive changes while incarcerated that will enable them 544
to be productive members of society upon their release. Such 545
deputy commissioner shall possess either: 546
(i) A master's degree in counseling, corrections, 547
psychology, guidance, social work, criminal justice or some 548
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related field and at least four (4) years' full-time experience in 549
such field, including at least one (1) year of supervisory 550
experience; or 551
(ii) A bachelor's degree in a field described in 552
subparagraph (i) of this paragraph and at least six (6) years 553
full-time work in corrections, one (1) year of which shall have 554
been at the supervisory level. 555
(2) The commissioner shall employ an administrative 556
assistant for parole matters who shall be selected by the State 557
Parole Board who shall be an employee of the department assigned 558
to the State Parole Board and who shall be located at the office 559
of the State Parole Board, and who shall work under the guidance, 560
supervision and direction of the board. 561
(3) The administrative assistant for parole matters shall 562
receive an annual salary to be established by the Legislature. 563
The salaries of department employees not established by the 564
Legislature shall receive an annual salary established by the 565
State Personnel Board. 566
(4) The commissioner shall employ a superintendent for the 567
Parchman facility, Central Mississippi Correctional Facility and 568
South Mississippi Correctional Institution of the Department of 569
Corrections. The Superintendent of the Mississippi State 570
Penitentiary shall reside on the grounds of the Parchman facility. 571
Each superintendent shall appoint an officer in charge when he is 572
absent. 573
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Each superintendent shall develop and implement a plan for 574
the prevention and control of an inmate riot and shall file a 575
report with the Chairman of the Senate Corrections Committee and 576
the Chairman of the House Penitentiary Committee on the first day 577
of each regular session of the Legislature regarding the status of 578
the plan. 579
In order that the grievances and complaints of inmates, 580
employees and visitors at each facility may be heard in a timely 581
and orderly manner, each superintendent shall appoint or designate 582
an employee at the facility to hear grievances and complaints and 583
to report grievances and complaints to the superintendent. Each 584
superintendent shall institute procedures as are necessary to 585
provide confidentiality to those who file grievances and 586
complaints. 587
(5) For a one-year period beginning July 1, 2016, any person 588
authorized for employment under this section shall not be subject 589
to the rules, regulations and procedures of the State Personnel 590
Board, except as otherwise provided under Section 25-9-127(5). 591
SECTION 8. Section 47-5-110, Mississippi Code of 1972, is 592
brought forward as follows: 593
47-5-110. (1) Commitment to any institution or facility 594
within the jurisdiction of the department shall be to the 595
department, not to a particular institution or facility. The 596
commissioner shall assign a newly committed offender to an 597
appropriate facility consistent with public safety; provided, 598
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however, that any offender who, in the opinion of the sentencing 599
judge, requires confinement in a maximum security unit shall be 600
assigned, upon initial commitment, to the Parchman facility. The 601
commissioner may extend the place of confinement of eligible 602
offenders as provided under subsection (2) of this section. He 603
may transfer an offender from one (1) institution to another, 604
consistent with the commitment and in accordance with treatment, 605
training and security needs. The commissioner shall have the 606
authority to transfer inmates from the various correctional 607
facilities of the department to restitution centers if such 608
inmates meet the qualifications prescribed in Section 99-37-19. 609
The commissioner shall prepare appropriate standards of 610
eligibility for such transfers of offenders from one (1) 611
institution to another institution and transfers of offenders who 612
meet the qualifications for placement in restitution centers. The 613
commissioner shall have the authority to remove the offenders from 614
restitution centers and to transfer them to other facilities of 615
the department. The commissioner shall obtain the approval of the 616
sentencing court before transferring an offender committed to the 617
department to a restitution center. On the request of the chief 618
executive officer of the affected unit of local government, the 619
commissioner may transfer a person detained in a local facility to 620
a state facility. The commissioner shall determine the cost of 621
care for that person to be borne by the unit of local government. 622
The commissioner may assign to a community work center, any 623
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offender who is convicted under the Mississippi Implied Consent 624
Law and who is sentenced to the custody of the Department of 625
Corrections, except that if a death or a serious maiming has 626
occurred during the commission of the violation of the Mississippi 627
Implied Consent Law, then the offender so convicted may not be 628
assigned to a community work center. 629
(2) The department may establish by rule or policy and 630
procedure a community prerelease program which shall be subject to 631
the following requirements: 632
(a) The commissioner may extend the limits of 633
confinement of offenders serving sentences for violent or 634
nonviolent crimes who have six (6) months or less remaining before 635
release on parole, conditional release or discharge to participate 636
in the program. Parole violators may be allowed to participate in 637
the program. 638
(b) Any offender who is referred to the program shall 639
remain an offender of the department and shall be subject to rules 640
and regulations of the department pertaining to offenders of the 641
department until discharged or released on parole or conditional 642
release by the State Parole Board. 643
(c) The department shall require the offender to 644
participate in work or educational or vocational programs and 645
other activities that may be necessary for the supervision and 646
treatment of the offender. 647
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(d) An offender assigned to the program shall be 648
authorized to leave a community prerelease center only for the 649
purpose and time necessary to participate in the program and 650
activities authorized in paragraph (c) of this subsection. 651
(3) The commissioner shall have absolute immunity from 652
liability for any injury resulting from a determination by the 653
commissioner that an offender shall be allowed to participate in 654
the community prerelease program. 655
(4) (a) The department may by rule or policy and procedure 656
provide evidence-based programs for the benefit of inmates, with 657
emphasis on those that are targeted at reducing inmate recidivism 658
and prerelease service for offenders at each of its major 659
correctional facilities: Mississippi State Penitentiary, Central 660
Mississippi Correctional Institution and South Mississippi 661
Correctional Institution and other facilities where the department 662
confines state inmates. 663
(b) The commissioner may establish prerelease programs 664
at the South Mississippi Correctional Institution. The prerelease 665
program may be located on the grounds of this facility or another 666
facility designated by the commissioner. 667
(c) For purposes of this subsection, the term 668
"evidence-based programs" shall have ascribed to it the meaning in 669
Section 27-103-159. 670
SECTION 9. Section 47-5-194, Mississippi Code of 1972, is 671
brought forward as follows: 672
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47-5-194. (1) It is unlawful for any offender committed to 673
the department to possess: 674
(a) Coin or currency on his person or in premises 675
assigned to him or under his control; 676
(b) A money order, traveler's check, promissory note, 677
credit card, personal check or other negotiable instrument. 678
(2) Subsection (1) does not apply to offenders who are 679
granted a parole; placed on work release, supervised earned 680
release, earned probation or probation; or granted leave for the 681
duration of such leave; however, these offenders may be restricted 682
by the parole or probation order or by order of the commissioner 683
with respect to amounts or form of money possessed or controlled 684
by the offenders. 685
(3) A violation of subsection (1) shall be considered a 686
rules violation or a violation of the conditions of parole or 687
probation as the case may be and shall be processed in the manner 688
of similar violations. 689
(4) Any money possessed by an offender may be confiscated by 690
the corrections officer who discovers the possession. The 691
department shall establish a policy and procedure for the 692
collection and accounting of all confiscated funds. All 693
confiscated coin or currency shall be deposited in a special fund 694
which is created in the State Treasury. The money in this special 695
fund may be appropriated by the Legislature to enhance the 696
security of the department's facilities. Unexpended amounts 697
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remaining in the special fund at the end of a fiscal year shall 698
not lapse into the State General Fund, but funds may be expended 699
only by appropriation approved by the Legislature. Any interest 700
earned on amounts in the special fund shall be deposited to the 701
credit of the special fund. 702
(5) The possession of coin, currency, money order, 703
traveler's check or other negotiable instrument on the grounds of 704
a facility is prohibited. 705
(6) The department shall establish a cashless system for 706
facilities no later than July 1, 1996. The department shall 707
provide lockers for visitors to place prohibited items when on 708
grounds of a facility. The department is authorized to charge 709
visitors an hourly rental fee for use of the lockers. Community 710
work centers and restitution centers are exempt unless designated 711
by the commissioner as being included in the cashless system. 712
SECTION 10. Section 47-5-1207, Mississippi Code of 1972, is 713
brought forward as follows: 714
47-5-1207. (1) The State Prison Emergency Construction and 715
Management Board shall select a suitable site or sites for a 716
public or private facility not to exceed one thousand (1,000) beds 717
in any of the following counties: Lauderdale, Quitman, Perry and 718
Sharkey. 719
(2) The State Prison Emergency Construction and Management 720
Board may contract for the construction, lease, acquisition, 721
improvement, operation and management of a private correctional 722
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facility in Marshall County or Wilkinson County for the private 723
incarceration of not more than one thousand (1,000) state inmates 724
at the facility. 725
(3) The State Prison Emergency Construction and Management 726
Board may contract with any county industrial or economic 727
development authority or district for the construction, lease, 728
acquisition, improvement, operation and management of a private 729
correctional facility to be sited or constructed under Chapter 26, 730
Laws of 1994 First Extraordinary Session. 731
(4) The State Prison Emergency Construction and Management 732
Board may contract for the construction, lease, acquisition, 733
improvement and operation of two (2) private restitution centers, 734
one of which may be in Bolivar County. The capacity of each 735
restitution center shall not exceed seventy-five (75) state 736
inmates. 737
(5) (a) The State Prison Emergency Construction and 738
Management Board may contract for the special needs facility and 739
services authorized in Sections 47-5-1101 through 47-5-1123. 740
(b) No later than September 15, 1994, the Joint 741
Legislative Committee on Performance Evaluation and Expenditure 742
Review shall determine the state medical cost per inmate day to 743
use as a basis for measuring the validity of ten percent (10%) 744
savings of the contractor cost. 745
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(6) Each private contractor and private facility housing 746
state inmates must meet the requirements of Section 47-5-1211 747
through Section 47-5-1227. 748
(7) No additional emergency prisons shall be located in any 749
city and/or county, except upon the submission to the State Prison 750
Emergency Construction and Management Board, of a resolution 751
signed by a majority of the governing authorities of the city 752
and/or county, wherein the proposed prison site is to be located, 753
approving and/or requesting that a prison facility be located at 754
the proposed site. 755
SECTION 11. Section 47-7-37, Mississippi Code of 1972, is 756
brought forward as follows: 757
47-7-37. (1) The period of probation shall be fixed by the 758
court, and may at any time be extended or terminated by the court, 759
or judge in vacation. Such period with any extension thereof 760
shall not exceed five (5) years, except that in cases of desertion 761
and/or failure to support minor children, the period of probation 762
may be fixed and/or extended by the court for so long as the duty 763
to support such minor children exists. The time served on 764
probation or post-release supervision may be reduced pursuant to 765
Section 47-7-40. 766
(2) At any time during the period of probation, the court, 767
or judge in vacation, may issue a warrant for violating any of the 768
conditions of probation or suspension of sentence and cause the 769
probationer to be arrested. Any probation and parole officer may 770
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arrest a probationer without a warrant, or may deputize any other 771
officer with power of arrest to do so by giving him a written 772
statement setting forth that the probationer has, in the judgment 773
of the probation and parole officer, violated the conditions of 774
probation. Such written statement delivered with the probationer 775
by the arresting officer to the official in charge of a county 776
jail or other place of detention shall be sufficient warrant for 777
the detention of the probationer. 778
(3) Whenever an offender is arrested on a warrant for an 779
alleged violation of probation as herein provided, the department 780
shall hold an informal preliminary hearing within seventy-two (72) 781
hours of the arrest to determine whether there is reasonable cause 782
to believe the person has violated a condition of probation. A 783
preliminary hearing shall not be required when the offender is not 784
under arrest on a warrant or the offender signed a waiver of a 785
preliminary hearing. The preliminary hearing may be conducted 786
electronically. If reasonable cause is found, the offender may be 787
confined no more than twenty-one (21) days from the admission to 788
detention until a revocation hearing is held. If the revocation 789
hearing is not held within twenty-one (21) days, the probationer 790
shall be released from custody and returned to probation status. 791
(4) If a probationer or offender is subject to registration 792
as a sex offender, the court must make a finding that the 793
probationer or offender is not a danger to the public prior to 794
release with or without bail. In determining the danger posed by 795
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the release of the offender or probationer, the court may consider 796
the nature and circumstances of the violation and any new offenses 797
charged; the offender or probationer's past and present conduct, 798
including convictions of crimes and any record of arrests without 799
conviction for crimes involving violence or sex crimes; any other 800
evidence of allegations of unlawful sexual conduct or the use of 801
violence by the offender or probationer; the offender or 802
probationer's family ties, length of residence in the community, 803
employment history and mental condition; the offender or 804
probationer's history and conduct during the probation or other 805
supervised release and any other previous supervisions, including 806
disciplinary records of previous incarcerations; the likelihood 807
that the offender or probationer will engage again in a criminal 808
course of conduct; the weight of the evidence against the offender 809
or probationer; and any other facts the court considers relevant. 810
(5) (a) The probation and parole officer after making an 811
arrest shall present to the detaining authorities a similar 812
statement of the circumstances of violation. The probation and 813
parole officer shall at once notify the court of the arrest and 814
detention of the probationer and shall submit a report in writing 815
showing in what manner the probationer has violated the conditions 816
of probation. Within twenty-one (21) days of arrest and detention 817
by warrant as herein provided, the court shall cause the 818
probationer to be brought before it and may continue or revoke all 819
or any part of the probation or the suspension of sentence. If 820
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the court revokes probation for one or more technical violations, 821
the court shall impose a period of imprisonment to be served in 822
either a technical violation center or a restitution center not to 823
exceed ninety (90) days for the first revocation and not to exceed 824
one hundred twenty (120) days for the second revocation. For the 825
third revocation, the court may impose a period of imprisonment to 826
be served in either a technical violation center or a restitution 827
center for up to one hundred eighty (180) days or the court may 828
impose the remainder of the suspended portion of the sentence. 829
For the fourth and any subsequent revocation, the court may impose 830
up to the remainder of the suspended portion of the sentence. The 831
period of imprisonment in a technical violation center imposed 832
under this section shall not be reduced in any manner. 833
(b) If the offender is not detained as a result of the 834
warrant, the court shall cause the probationer to be brought 835
before it within a reasonable time and may continue or revoke all 836
or any part of the probation or the suspension of sentence, and 837
may cause the sentence imposed to be executed or may impose any 838
part of the sentence which might have been imposed at the time of 839
conviction. If the court revokes probation for one or more 840
technical violations, the court shall impose a period of 841
imprisonment to be served in either a technical violation center 842
or a restitution center not to exceed ninety (90) days for the 843
first revocation and not to exceed one hundred twenty (120) days 844
for the second revocation. For the third revocation, the court 845
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may impose a period of imprisonment to be served in either a 846
technical violation center or a restitution center for up to one 847
hundred eighty (180) days or the court may impose the remainder of 848
the suspended portion of the sentence. For the fourth and any 849
subsequent revocation, the court may impose up to the remainder of 850
the suspended portion of the sentence. The period of imprisonment 851
in a technical violation center imposed under this section shall 852
not be reduced in any manner. 853
(c) If the court does not hold a hearing or does not 854
take action on the violation within the twenty-one-day period, the 855
offender shall be released from detention and shall return to 856
probation status. The court may subsequently hold a hearing and 857
may revoke probation or may continue probation and modify the 858
terms and conditions of probation. If the court revokes probation 859
for one or more technical violations, the court shall impose a 860
period of imprisonment to be served in either a technical 861
violation center operated by the department or a restitution 862
center not to exceed ninety (90) days for the first revocation and 863
not to exceed one hundred twenty (120) days for the second 864
revocation. For the third revocation, the court may impose a 865
period of imprisonment to be served in either a technical 866
violation center or a restitution center for up to one hundred 867
eighty (180) days or the court may impose the remainder of the 868
suspended portion of the sentence. For the fourth and any 869
subsequent revocation, the court may impose up to the remainder of 870
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the suspended portion of the sentence. The period of imprisonment 871
in a technical violation center imposed under this section shall 872
not be reduced in any manner. 873
(d) For an offender charged with a technical violation 874
who has not been detained awaiting the revocation hearing, the 875
court may hold a hearing within a reasonable time. The court may 876
revoke probation or may continue probation and modify the terms 877
and conditions of probation. If the court revokes probation for 878
one or more technical violations the court shall impose a period 879
of imprisonment to be served in either a technical violation 880
center operated by the department or a restitution center not to 881
exceed ninety (90) days for the first revocation and not to exceed 882
one hundred twenty (120) days for the second revocation. For the 883
third revocation, the court may impose a period of imprisonment to 884
be served in either a technical violation center or a restitution 885
center for up to one hundred eighty (180) days or the court may 886
impose the remainder of the suspended portion of the sentence. 887
For the fourth and any subsequent revocation, the court may impose 888
up to the remainder of the suspended portion of the sentence. The 889
period of imprisonment in a technical violation center imposed 890
under this section shall not be reduced in any manner. 891
(6) If the probationer is arrested in a circuit court 892
district in the State of Mississippi other than that in which he 893
was convicted, the probation and parole officer, upon the written 894
request of the sentencing judge, shall furnish to the circuit 895
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court or the county court of the county in which the arrest is 896
made, or to the judge of such court, a report concerning the 897
probationer, and such court or the judge in vacation shall have 898
authority, after a hearing, to continue or revoke all or any part 899
of probation or all or any part of the suspension of sentence, and 900
may in case of revocation proceed to deal with the case as if 901
there had been no probation. In such case, the clerk of the court 902
in which the order of revocation is issued shall forward a 903
transcript of such order to the clerk of the court of original 904
jurisdiction, and the clerk of that court shall proceed as if the 905
order of revocation had been issued by the court of original 906
jurisdiction. Upon the revocation of probation or suspension of 907
sentence of any offender, such offender shall be placed in the 908
legal custody of the State Department of Corrections and shall be 909
subject to the requirements thereof. 910
(7) Any probationer who removes himself from the State of 911
Mississippi without permission of the court placing him on 912
probation, or the court to which jurisdiction has been 913
transferred, shall be deemed and considered a fugitive from 914
justice and shall be subject to extradition as now provided by 915
law. No part of the time that one is on probation shall be 916
considered as any part of the time that he shall be sentenced to 917
serve. 918
(8) The arresting officer, except when a probation and 919
parole officer, shall be allowed the same fees as now provided by 920
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law for arrest on warrant, and such fees shall be taxed against 921
the probationer and paid as now provided by law. 922
(9) The arrest, revocation and recommitment procedures of 923
this section also apply to persons who are serving a period of 924
post-release supervision imposed by the court. 925
(10) Unless good cause for the delay is established in the 926
record of the proceeding, the probation revocation charge shall be 927
dismissed if the revocation hearing is not held within thirty (30) 928
days of the warrant being issued. 929
(11) The Department of Corrections shall provide 930
semiannually to the Oversight Task Force the number of warrants 931
issued for an alleged violation of probation or post-release 932
supervision, the average time between detention on a warrant and 933
preliminary hearing, the average time between detention on a 934
warrant and revocation hearing, the number of ninety-day sentences 935
in a technical violation center issued by the court, the number of 936
one-hundred-twenty-day sentences in a technical violation center 937
issued by the court, the number of one-hundred-eighty-day 938
sentences issued by the court, and the number and average length 939
of the suspended sentences imposed by the court in response to a 940
violation. 941
SECTION 12. Section 99-37-19, Mississippi Code of 1972, 942
which authorizes county and municipal governing authorities to 943
cooperate in the establishment of restitution centers, is 944
repealed. 945
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ST: Certain restitution centers; transition to
post-release reentry centers.
SECTION 13. Section 99-37-21, Mississippi Code of 1972, 946
which authorizes the cooperation of the Department of Public 947
Welfare and the Department of Corrections in the institution and 948
administration of services at restitution centers, is repealed. 949
SECTION 14. This act shall take effect and be in force from 950
and after July 1, 2026. 951