MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Penitentiary; Appropriations

By: Representative McInnis

AN ACT TO AMEND SECTION 47-5-3, MISSISSIPPI CODE OF 1972, TO CHANGE THE NAME OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO THE MISSISSIPPI DEPARTMENT OF PENITENTIARIES; TO CHANGE THE NAME OF THE COMMISSIONER OF CORRECTIONS TO THE COMMISSIONER OF PENITENTIARIES; TO CHANGE THE NAME OF THE CENTRAL MISSISSIPPI CORRECTIONAL INSTITUTION TO THE RANKIN COUNTY PENITENTIARY; TO CHANGE THE NAME OF THE SOUTH MISSISSIPPI CORRECTIONAL FACILITY TO THE GREENE COUNTY PENITENTIARY; TO AMEND SECTIONS 47-5-4 AND 47-7-2, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 47-5-3, Mississippi Code of 1972, is amended as follows:

47-5-3. (1) The plantation known as Parchman owned by the state in Sunflower and Quitman Counties, and in * * * other places as are now or may be hereafter owned or operated by the state for correctional purposes shall constitute the facilities of the correctional system for the custody, punishment, confinement at hard labor and reformation of all persons convicted of felony in the courts of the state and sentenced to the custody of the department, and whenever the term "penitentiary" or "state penitentiary" appears in the laws of the State of Mississippi, it shall mean any facility under the jurisdiction of the Department of Penitentiaries which is used for the purposes described in this section.

(2) From and after July 1, 1997, the "Mississippi Department of Corrections" shall be known and referred to as the "Mississippi Department of Penitentiaries," and when the words "Mississippi Department of Corrections" appear in the laws of the State of Mississippi, they shall mean the "Mississippi Department of Penitentiaries."

(3) From and after July 1, 1997, the "Commissioner of Corrections" shall be known and referred to as the "Commissioner of Penitentiaries," and wherever the words "Commissioner of Corrections" appear in the laws of the State of Mississippi, they shall mean the "Commissioner of Penitentiaries."

(4) From and after July 1, 1997, the "Central Mississippi Correctional Facility" shall be known and referred to as the "Rankin County Penitentiary," and wherever the words "Central Mississippi Correctional Facility" appear in the laws of the State of Mississippi, they shall mean the "Rankin County Penitentiary."

(5) From and after July 1, 1997, the "South Mississippi Correctional Facility" shall be known and referred to as the "Greene County Penitentiary," and wherever the words "South Mississippi Correctional Facility" appear in the laws of the State of Mississippi, they shall mean the "Greene County Penitentiary."

SECTION 2. Section 47-5-4, Mississippi Code of 1972, is amended as follows:

47-5-4. For purposes of this chapter, the following words shall have the meaning ascribed in this section unless the context shall otherwise require:

(a) "Adult" * * * means a person who is eighteen (18) years of age or older, or any person convicted of any crime not subject to the provisions of the Youth Court Law, or any person "certified" to be tried as an adult by any youth court in the state.

(b) "Juvenile," "minor" or "youthful" * * * means a person less than eighteen (18) years of age.

(c) "Offender" * * * means any person convicted of a crime or offense under the laws and ordinances of the state and its political subdivisions.

(d) "Facility or institution" * * * means any facility for the custody, care, treatment and study of offenders which is under the supervision and control of the Department of Penitentiaries, including but not limited to the State Penitentiary property located in Sunflower and Quitman Counties.

(e) "Detention" * * * means the temporary care of juveniles and adults who require secure custody for their own or the community's protection in a physically restricting facility before adjudication, or retention in a physically restricting facility upon being taken into custody after an alleged parole or probation violation.

(f) "Unit of local government" * * * means a county, city, town, village, or other general purpose political subdivision of the state.

(g) "Department" * * * means the Mississippi Department of Penitentiaries.

(h) "Commissioner" * * * means the Commissioner of Penitentiaries.

(i) "Correctional system" * * * means the facilities, institutions, programs and personnel of the Department of Penitentiaries utilized for adult offenders who are committed to the custody of the department.

SECTION 3. Section 47-7-2, Mississippi Code of 1972, is amended as follows:

47-7-2. For purposes of this chapter, the following words shall have the meaning ascribed herein unless the context shall otherwise require:

(a) "Adult" means a person who is seventeen (17) years of age or older, or any person convicted of any crime not subject to the provisions of the youth court law, or any person "certified" to be tried as an adult by any youth court in the state.

(b) "Board" means the State Parole Board.

(c) "Commissioner" means the Commissioner of Penitentiaries.

(d) "Correctional system" means the facilities, institutions, programs and personnel of the department utilized for adult offenders who are committed to the custody of the department.

(e) "Department" means the Mississippi Department of Penitentiaries.

(f) "Detention" means the temporary care of juveniles and adults who require secure custody for their own or the community's protection in a physically restricting facility before adjudication, or retention in a physically restricting facility upon being taken into custody after an alleged parole or probation violation.

(g) "Facility" or "institution" means any facility for the custody, care, treatment and study of offenders which is under the supervision and control of the department.

(h) "Juvenile," "minor" or "youthful" means a person less than seventeen (17) years of age.

(i) "Offender" means any person convicted of a crime or offense under the laws and ordinances of the state and its political subdivisions.

(j) "Special meetings" means those meetings called by the chairman with at least twenty-four (24) hours' notice or a unanimous waiver of notice.

(k) "Unit of local government" means a county, city, town, village or other general purpose political subdivision of the state.

SECTION 4. This act shall take effect and be in force from and after July 1, 1997.