MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Corrections

By: Senator(s) Huggins

AN ACT TO PROVIDE THAT PRISON INDUSTRIES MAY ESTABLISH WORK PROGRAMS FOR STATE INMATES HOUSED AT PRIVATE CORRECTIONAL FACILITIES; TO AMEND SECTIONS 47-5-535, 47-5-539 AND 47-5-1225, MISSISSIPPI CODE OF 1972, TO CONFORM; 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 or private correctional facility with the approval of the Commissioner of Corrections. It is the intent of the Legislature that the nonprofit corporation locate and operate * * * industries in an orderly and expeditious manner. The corporation may locate and operate prison industries at other prison satellites and at community work centers in the state. No industrial prison program shall be located at a site other than state prison facilities or private correctional facility 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. Section 47-5-539, Mississippi Code of 1972, is amended as follows:

47-5-539. For the purposes of Sections 47-5-531 through 47-5-575, the following terms shall have the following meanings unless the context shall provide otherwise:

(a) "Corporation" means the private nonprofit corporation which is required to be organized and formed to carry out the provisions of Sections 47-5-531 through 47-5-575 regarding prison industries.

(b) "Department" means the State Department of Corrections.

(c) "Inmate" means any person committed to the custody of the department and incarcerated within any state correctional facility or private correctional facility.

(d) "Prison industry program" means any program which is considered to be a part of any prison industry in this state.

(e) "Prison agricultural enterprises" means all agricultural endeavors as defined in Section 47-5-353.

SECTION 3. Section 47-5-1225, Mississippi Code of 1972, is amended as follows:

47-5-1225. No contract for private correctional facilities or services shall authorize, allow, or imply a delegation of the authority or responsibility of the state to a prison contractor to:

(a) Classify inmates or place inmates in less restrictive custody or more restrictive custody;

(b) Transfer an inmate, although the contractor may recommend in writing that the department transfer a particular inmate;

(c) Grant, deny, or revoke sentence credits;

(d) Recommend that the parole board either deny or grant parole, although the contractor may submit written reports that have been prepared in the ordinary course of business;

(e) Develop and implement procedures for calculating sentence credits or inmate release and parole eligibility dates;

(f) Require an inmate to work, except on prison industries or other department-approved projects; approve the type of work that inmates may perform; or award or withhold wages or sentence credits based on the manner in which individual inmates perform such work; or

(g) Determine inmate eligibility for furlough and work release.

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