MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Corrections

By: Senator(s) Walls

AN ACT TO MANDATE A STUDY AND REQUIRE DEVELOPMENT OF MINIMUM STANDARDS FOR OPERATION OF JAILS; TO REQUIRE REPORTING TO THE LEGISLATURE; TO REQUIRE LEGISLATIVE APPROVAL OF STANDARDS PROMULGATED; TO MANDATE QUARTERLY INSPECTIONS FOR 3 YEARS, WITH BIANNUAL INSPECTIONS THEREAFTER; AND FOR RELATED PURPOSES. 

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

SECTION 1. (1) The Department of Corrections shall conduct a study and develop recommended minimum standards for local detention facilities and shall report thereon to the legislature not later than September 1, 1997. These standards, whether as proposed or revised, shall be established as the minimum standards for local detention facilities upon approval by means of concurrent resolution of both Houses of the Legislature. The Department of Corrections shall thereafter review such standards biennially and make any appropriate revisions.

(2) The standards shall include, but not be limited to, the following: health and sanitary conditions, fire and life safety, security, rehabilitation programs, recreation and treatment of persons confined in local detention facilities.

(3) Such standards shall require that at least one person on duty at the facility is knowledgeable in the area of fire and life safety procedures.

(4) The standards shall also include requirements relating to the acquisition, storage, labeling, packaging and dispensing of drugs.

(5) In establishing minimum standards, the Department of Corrections shall seek the advice of the following:

(a) For health and sanitary conditions:

The Mississippi State Department of Health;

(b) For fire and life safety:

The State Fire Marshal;

(c) For security, rehabilitation programs, recreation, and treatment of persons confined in local detention facilities:

The Department of Corrections, the Division of Youth Services, local correction officials, experts in criminology and penology, and other interested persons.

(d) For physical plant considerations:

The Department of Finance and Administration.

SECTION 2. The Department of Corrections shall inspect each local detention facility in the state by July 1, 1997, and shall inspect each such facility quarterly thereafter. From and after July 1, 2000, such inspections shall be made biannually.

SECTION 3. (1) Inspections of local detention facilities shall include, but not be limited to, the following:

(a) Health and safety inspections;

(b) Fire suppression preplanning inspections by the local fire department.

(c) Security, rehabilitation programs, recreation, and treatment of persons confined in local detention facilities.

Reports of each facility's inspection shall be furnished to the official in charge of the local detention facility, the local governing body, and the grand jury. Such reports shall set forth the areas wherein the local detention facility has complied and has failed to comply with the minimum standards established pursuant to Section 1 of this act.

(2) Inspections of privately operated work furlough facilities and programs shall be made at the same times and under the same standards as the inspections mandated by subsection (1) of this section unless the work furlough administrator requests an earlier inspection.

SECTION 4. The Department of Corrections shall file with the legislature by September 1, 1997, and on September 1st of each year thereafter, reports of the inspection of those local detention facilities that have not complied with the minimum standards established pursuant to Section 1 of this act. The reports shall specify those areas in which the facility has failed to comply and the estimated cost to the facility necessary to accomplish compliance with the minimum standards.

SECTION 5. For the purposes of this act, "local detention facility" means any city, county, city and county, or regional facility that is not operated by the Department of Corrections, that is used for the confinement for more than twenty four (24) hours of adults, or of both adults and minors, but does not include that portion of a facility for the confinement of both adults and minors which is devoted only to the confinement of minors.

For purposes of this act, a local detention facility does not include those rooms that are used for holding persons for interviews, interrogations, or investigations, and are either separate from a jail or located in the administrative area of a law enforcement facility.

SECTION 6. The Department of Corrections is authorized to apply for any funds that may be available from the federal government to further the purposes of this act.

SECTION 7. This act shall take effect and be in force from and after its passage.