MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Appropriations

By: Senator(s) Hall, Burton, Posey, Gunn, Jordan (18th), Simmons, Turner, Woodfield

AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND TO PAY THE EXPENSES OF COUNTIES FOR HOLDING STATE PRISONERS IN COUNTY JAILS, FOR FISCAL YEAR 1998.  

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

SECTION 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the support and maintenance of the Mississippi Department of Corrections for the fiscal year beginning July 1, 1997, and ending June 30, 1998

$ 186,826,704.00.

SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the special fund in the State Treasury to the credit of the Mississippi Department of Corrections which is collected by or otherwise become available for the purpose of defraying the expenses of the Department, for the fiscal year beginning July 1, 1997, and ending June 30, 1998 $ 12,244,691.00.

SECTION 3. Of the funds appropriated under the provisions of Sections 1 and 2, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:

SUPPORT

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 104,059,708.00

Travel and Subsistence 657,245.00

Contractual Services 51,991,196.00

Commodities 17,217,964.00

Capital Outlay:

Other Than Equipment 4,578.00

Equipment 2,393,444.00

Subsidies, Loans and Grants 397,320.00

Total $ 176,721,455.00

FUNDING:

General Funds $ 169,481,141.00

Special Funds 7,240,314.00

Total $ 176,721,455.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 4,107

Part Time. . . . . . . . . 32

Time-Limited: Full Time. . . . . . . . . 51

Part Time. . . . . . . . . 0

MEDICAL SERVICES

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 7,970,406.00

Travel and Subsistence 20,080.00

Contractual Services 6,284,639.00

Commodities 1,761,710.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 525,150.00

Subsidies, Loans and Grants 68,284.00

Total $ 16,630,269.00

FUNDING:

General Funds $ 16,630,269.00

Special Funds 0.00

Total $ 16,630,269.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 211

Part Time. . . . . . . . . 2

Time-Limited: Full Time. . . . . . . . . 0

Part Time. . . . . . . . . 0

PAROLE BOARD

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 658,294.00

Travel and Subsistence 24,000.00

Contractual Services 8,500.00

Commodities 14,000.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 10,500.00

Subsidies, Loans and Grants 0.00

Total $ 715,294.00

FUNDING:

General Funds $ 715,294.00

Special Funds 0.00

Total $ 715,294.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 20

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 0

Part Time. . . . . . . . . 0

FARMING OPERATIONS

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 688,280.00

Travel and Subsistence 14,809.00

Contractual Services 955,568.00

Commodities 2,350,000.00

Capital Outlay:

Other Than Equipment 600,000.00

Equipment 355,720.00

Subsidies, Loans and Grants 40,000.00

Total $ 5,004,377.00

FUNDING:

General Funds $ 0.00

Special Funds 5,004,377.00

Total $ 5,004,377.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 28

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 0

Part Time. . . . . . . . . 0

From the funds provided in the budget category "Personal Services: Salaries, Wages and Fringe Benefits," funds may be expended for the following purposes, in compliance with policies established by the State Personnel Board and any conditions placed on such expenditure:

(a) The components of the Variable Compensation Plan shall be maintained within the constraints of the funds appropriated herein.

(b) Funds shall be used to fund the "Realignment" component at the requirement established by the State Personnel Board.

(c) Subsequent to the application of Realignment, as specified in Subparagraph (b), above, funds shall be used to provide all eligible state employees employed on or before June 30, 1996, a Three Hundred Dollar ($300.00) "In-Service" COLA base salary increase effective July 1, 1997.

(d) All eligible state employees employed on or before June 30, 1996, shall receive a one percent (1%) salary increase on the first day of the month following their anniversary hire date.

(e) To be eligible for the salary increases specified in Subparagraphs (c) and (d), above, employees must have a current overall performance appraisal rating of "meets expectations" (2.0), or above, on the effective date of the increase. Employees who, subsequent to their eligibility date, receive a performance appraisal rating of "meets expectations" (2.0), or above, during Fiscal Year 1998 shall receive the salary increase effective the date of the rating. If an eligible employee is currently at or above end step for his or her job classification, or should this salary increase cause an eligible employee's salary to exceed end step, that portion of the increase exceeding end step shall be built into the employee's base salary.

It is the agency's responsibility to make certain that funds required to be appropriated for Personal Services for Fiscal Year 1999 do not exceed Fiscal Year 1998 funds appropriated for that purpose unless programs and/or positions are added to the agency's budget by the Mississippi Legislature.

Any transfers or escalations shall be made in accordance with the terms, conditions, and procedures established by law.

No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.

SECTION 4. Of the funds appropriated in Sections 1 and 2, and authorized for expenditure in Section 3, it is the intention of the Legislature that any contractual service payments made by the Department to defray medical expenses for inmates shall be at the currently established Medicaid reimbursement rate; however, if hospital and medical providers will not contract at the Medicaid reimbursement rate, the Department of Corrections may enter into a negotiated contract.

SECTION 5. Of the funds appropriated in Sections 1 and 2, none shall be expended for personnel housing under the jurisdiction of the Department of Corrections unless the department shall collect a reasonable rent, after a finding of fact as to what is a reasonable rent, and/or the cost of utilities furnished to said housing, except that the superintendent of the Central Mississippi Correctional Facility may be provided with a housing expense allowance in lieu of being furnished with a dwelling house. The Department of Corrections shall not pay for the installation or monthly service of any telephone installed in a staff residence under its jurisdiction.

SECTION 6. Of the funds appropriated in Sections 1 and 2, and authorized for expenditure in Section 3, payment may be authorized for court ordered attorney fees and any accrued interest subject to the approval of the Office of the Attorney General.

SECTION 7. No part of the funds herein appropriated shall be used for the purpose of returning escaped state convicts to the state penitentiary from a distance of over one hundred (l00) miles beyond the borders of the state, except upon approval of the Governor in each specific case.

SECTION 8. None of the money herein appropriated shall be paid to any person who by the provision of Section 47-5-47, Mississippi Code of l972, as amended, is prohibited from being an employee of the Mississippi Department of Corrections. The State Department of Finance and Administration shall at least annually make a report to the Joint Legislative Committee on Performance Evaluation and Expenditure Review and to the Attorney General stating the name of any person prohibited under the provisions of Section 47-5-47, Mississippi Code of l972, as amended, from being an employee of the Mississippi Department of Corrections who has during the preceding year received any money herein appropriated. In the event that any such person prohibited as hereinabove provided from receiving funds herein appropriated should receive any of said funds, the Attorney General shall immediately commence action to recover the monies so paid to said person and to enjoin the further employment of said person at the Mississippi Department of Corrections.

SECTION 9. It is the intention of the Legislature that the Commissioner of the Mississippi Department of Corrections may transfer between the divisions of Support, Medical Services, Parole Board, Farming Operations and Local Confinement, both funds and positions not to exceed fifteen percent (15%) of the authorized budgets in the aggregate. The Commissioner of the Mississippi Department of Corrections shall submit written justification for the transfer to the Legislative Budget Office and the Department of Finance and Administration on or before the fifteenth of the month prior to the effective date of the transfer. It is further the intention of the Legislature that no transfer may be made under the provisions of this section to increase or decrease the salaries category of any budget set forth in the original appropriations made under this act, but may be used to contract with counties to house state inmates in facilities authorized by Section 47-5-931, Mississippi Code of 1972. It is further the intention of the Legislature that any transfers made under the provisions of this paragraph shall be for the removal of state inmates from county jails or of an emergency nature.

SECTION 10. It is the intent of the Legislature that all prisoners at Parchman shall work a minimum of eight (8) hours per day, excluding prisoners with a physical disability or those incarcerated in maximum security.

SECTION 11. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:

Performance Measures FY98 Target

Mississippi State Penitentiary

Average population (inmates) 5,000

Participants in programs (inmates) 6,852

Successful program completion (inmates) 4,000

Central Mississippi Correctional Facility

Average population (inmates) 3,300

Participants in programs (inmates) 944

Successful program completion (inmates) 676

South Mississippi Correctional Facility

Average population (inmates) 2,400

Participants in programs (inmates) 620

Successful program completion (inmates) 390 Community Based Services

Average population (offenders) 13,008

Supervision fees collected (dollars) $2,000,000.00

Supportive Services

Purchase orders generated (transactions) 20,000

Payment vouchers generated (transactions) 24,000

New hires (persons) 400

Farming Operations

Vegetables produced (pounds) 3,000,000

Unit cost per pound of vegetable (dollars) $1.61

Inmate days worked (days) 125,000

Medical Services

Hospital occupancy rate (percentage) 68

Sick call treatments (inmates) 48,920

Emergency room visits (inmates) 2,630

Parole Board

Cost per parole hearing (dollars) $154.00

Parole hearings (hearings) 4,800

Number paroled (offenders) 1,450

Reimbursement - Local Confinement

Average approved monthly population (inmates) 1,100

Average unapproved monthly population (inmates) 500

A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 1999.

SECTION 12. In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State

General Fund not otherwise appropriated, to the Department of Corrections for the purpose of paying the expenses of counties for holding state prisoners in county jails, for the period beginning July 1, 1997, and ending June 30, 1998

$ 12,000,000.00.

SECTION 13. The money appropriated under the provisions of Sections 1 and 12 shall be paid by the State Treasurer out of any money in the State General Fund not otherwise appropriated, and the money appropriated under the provisions of Section 2 shall be paid by the State Treasurer out of any money in the special fund to the credit of the Department of Corrections, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers in the manner provided by law.

SECTION 14. This act shall take effect and be in force from and after July 1, 1997.