MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Penitentiary

By: Representative Malone

AN ACT TO AMEND SECTION 47-5-535, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE CORPORATION CREATED UNDER THE MISSISSIPPI PRISON INDUSTRIES ACT OF 1990 TO LOCATE A PRISON INDUSTRIES PROGRAM AT ANY PRIVATE CORRECTIONAL FACILITY AND AT ANY REGIONAL CORRECTIONAL FACILITY; TO CREATE A JOINT COMMITTEE FOR CRIMINAL JUSTICE OVERSIGHT; TO MAKE RECOMMENDATIONS TO THE LEGISLATURE TO ENSURE THE COORDINATION OF JUDICIAL REFORMS AND CORRECTION REFORMS; TO AUTHORIZE THE GOVERNOR TO GRANT CONCURRENT JURISDICTION TO THE UNITED STATES OVER ANY CORRECTIONAL FACILITY IN WHICH FEDERAL INMATES ARE HOUSED; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 47-5-535, Mississippi Code of 1972, is amended as follows:

47-5-535. (1) Except as otherwise specifically provided by law, it is the intent of the Legislature that a nonprofit corporation be organized and formed, within sixty (60) days from April 4, 1990, to lease and manage the prison industry programs of the Mississippi Correctional Industries. The corporation created and established shall be a body politic and corporate, may acquire and hold real and personal property, may receive, hold and dispense monies appropriated to it by the Legislature of the State of Mississippi received from the federal government, received from the sale of products, goods, and services which it produces, and received from any other sources whatsoever.

(2) Except as otherwise specifically provided by law, it is the further intent of the Legislature that the nonprofit corporation shall create any additional prison industry program as it deems fit, and any such program shall be created in compliance with the provisions of Sections 47-5-531 through 47-5-575.

(3) Except as otherwise specifically provided by law, it is the further intent of the Legislature that such nonprofit corporation shall have exclusive rights to operate any prison industry program and when such corporation is lawfully formed, no other public or private entity shall be allowed to carry out the provisions of Sections 47-5-531 through 47-5-575.

(4) It is the further intent of the Legislature, that the nonprofit corporation which is required to be organized and formed under Sections 47-5-531 through 47-5-575 shall locate and operate prison industries at any state correctional facility with the approval of the Commissioner of Corrections. It is the intent of the Legislature that the nonprofit corporation locate and operate such industries in an orderly and expeditious manner. Such corporation may locate and operate prison industries at other prison satellites, * * * at community work centers in the state, at any private correctional facility which houses state inmates and at any regional correctional facility as authorized under Section 47-5-931. No industrial prison program shall be located at a site other than state prison facilities approved by the commissioner.

(5) It is the further intent of the Legislature that the nonprofit corporation shall not have any rights to operate a program under the prison agricultural enterprises and shall not create a prison industry program that duplicates a prison agricultural enterprises program or product.

(6) It is the further intent of the Legislature that the department retain exclusive rights to conduct all prison agricultural and related enterprises.

SECTION 2. (1) There is hereby created a joint committee of the Senate and House of Representatives composed of legislators and other members to be known as the Criminal Justice Oversight Committee, hereinafter referred to as the "committee." The committee shall study and make recommendations to the Legislature related to the coordination of policy to the end that judicial reforms shall be accompanied by coordinated corrections reforms and that the ends of justice might be met.

(2) The committee shall consist of the following members:

(a) Three (3) members who are circuit judges elected by the Conference of Circuit Court Judges.

(b) Three (3) members who are sheriffs elected by the Mississippi Sheriffs' Association.

(c) The Chairmen of the Senate Corrections Committee and the Senate Judiciary Committee and the Chairmen of the House Penitentiary Committee and the House En Banc Committee.

(d) Three (3) members who are district attorneys and one (1) member who is a county attorney elected by the Mississippi Prosecutors Association.

(e) The Attorney General, or his designee.

(f) Two (2) members of the Senate appointed by the Lieutenant Governor and three (3) members of the House of Representatives appointed by the Speaker of the House.

(3) The Chairman of the Senate Corrections Committee and the Chairman of the House Penitentiary Committee shall serve as co-chairs of the committee.

(4) The committee shall submit its findings and recommendations to the Legislature no later than January 2, 1998.

(5) For attending meetings of the committee, members of the committee shall receive per diem as provided by Section 25-3-69, Mississippi Code of 1972, and reimbursement of expenses as provided by Section 5-1-47, Mississippi Code of 1972. The members of the committee shall obtain the approval of the Management Committee of the House of Representatives and the Contingent Expense Committee of the Senate for per diem and travel expense expenditures of the committee. The members of the committee who are legislators shall not receive per diem or expenses while the Legislature is in session. All expenses incurred by and on behalf of the committee shall be paid from the contingency funds of the Senate and the House of Representatives.

(6) In conducting its activities pursuant to this act, the committee may elicit the support of and participation by federal, state and local agencies and interested associations, organizations and individuals.

SECTION 3. Notwithstanding any other provisions of law to the contrary, as a supplementary method for granting concurrent jurisdiction to the United States, the Governor of the State of Mississippi may grant to the United States full civil and criminal jurisdiction concurrent with the State of Mississippi over any correctional facility and the grounds of the facility in which are housed or located inmates committed to the custody of the United States or over any correctional facility and the grounds of the facility which are owned by a private entity that has entered into a contract for the confinement of inmates committed to the custody of the United States.

SECTION 4. This act shall take effect and be in force from and after its passage.