MISSISSIPPI LEGISLATURE

1997 Regular Session

To: County Affairs; Finance

By: Senator(s) Rayborn, Lee

AN ACT TO AMEND SECTION 47-1-3, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE WITHHOLDING OF HOMESTEAD EXEMPTION REIMBURSEMENTS AND OTHER PAYMENTS TO COUNTIES WHERE THE BOARD OF SUPERVISORS HAS FAILED TO IMPLEMENT A WORK PROGRAM FOR THE PAYMENT OF FINES AND COSTS OWED TO THE COUNTY; TO PROVIDE THAT THE STATE AUDITOR SHALL ANNUALLY MAKE A DETERMINATION WITH RESPECT TO WHETHER OR NOT A BOARD OF SUPERVISORS HAS IMPLEMENTED SUCH A PROGRAM; AND FOR RELATED PURPOSES. 

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

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

47-1-3. It is the imperative duty of the board of supervisors in each county in this state to require each convict sentenced to imprisonment in the county jail and the payment of a fine and costs, or to imprisonment and payment of costs, or to payment of fine and costs, to work out the sentence on the county convict farm or on the public roads or other public works of the county, or in a contiguous county, as herein provided. But any convict who is sentenced to the payment of a fine and costs and who pays such fine and costs shall thereby be relieved from working out such fine and costs, but the payment in full of such fine and costs shall not relieve such convict from working out the full time of his imprisonment as adjudged in his sentence. The board of supervisors of any county, however, may by an order spread upon its minutes, giving the reason therefor, and with the approval of the circuit judge of the district, discharge any aged or infirm convict upon his making an affidavit of his insolvency and inability to pay the fine and costs, and filing same with the clerk of the board of supervisors at any time after the expiration of his imprisonment.

(2) The State Auditor shall annually examine each county to determine whether or not the board of supervisors has implemented a work program for the payment of fines and costs as required by subsection (1) of this section. If a county does not have such a program, the State Auditor shall notify the Executive Director of the Department of Finance and Administration who shall withhold all future payments to the county of homestead exemption reimbursements under Section 27-33-77 and all sums allocated to the county under Section 27-65-75 until the board of supervisors has implemented the work program which it is the imperative duty of the board to do pursuant to subsection (1) of this section.

SECTION 2. This act shall take effect and be in force from and after October 1, 1997.