MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Corrections

By: Senator(s) Carter

AN ACT TO PROVIDE THAT ANY INMATE WHO IS FINANCIALLY ABLE MUST REIMBURSE THE STATE FOR THE COST OF INCARCERATION OF THE INMATE; TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO COLLECT SUCH REIMBURSEMENT; AND FOR RELATED PURPOSES. 

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

SECTION 1. (1) The Department of Corrections may seek reimbursement for any expenses incurred by the department for incarceration of an inmate as follows:

(a) From each person who is or was an inmate the actual per diem cost of housing, feeding, clothing, providing medical care and any other expenses of maintaining that prisoner for the entire period of time the person was confined in a correctional facility.

(b) Any other expenses incurred by the department in order to collect payments under this act.

(2) Before seeking any reimbursement under this act, the department shall develop a form to be used for determining the financial status of prisoners. The form shall provide for obtaining the age and marital status of a prisoner, number and ages of children of a prisoner, number and ages of other dependents, type and value of real estate, type and value of personal property, cash and bank accounts, type and value of investments, pensions and annuities, and any other personalty of significant cash value. The department shall use the form when investigating the financial status of prisoners.

SECTION 2. (1) A civil action brought under this act shall be instituted in the name of the department and shall state the date and place of sentence, the length of time set forth in the sentence, the length of time actually served, and the amount or amounts due to the department.

(2) Before entering any order on behalf of the department against the defendant, the court shall take into consideration any legal obligation of the defendant to support a spouse, minor children, or other dependents and any moral obligation to support dependents to whom the defendant is providing or has in fact provided support.

(3) The court may enter a money judgment against the defendant and may order that the defendant's property is liable for reimbursement for maintenance and support of the defendant as a prisoner and for other expenses reimbursable under this act.

SECTION 3. This act shall take effect and be in force from and after July 1, 1997.