Restitution centers; transition to prerelease centers.

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

By: Senator(s) Simmons (12th)

SENATE BILL NO. 2205

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