MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Penitentiary; County Affairs

By: Representative Moak

AN ACT TO AMEND SECTION 47-5-935, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY SHERIFF THAT CONTRACTS TO PROVIDE ADDITIONAL MANAGEMENT SUPPORT FOR A REGIONAL CORRECTIONAL FACILITY SHALL BE PAID A YEARLY AMOUNT EQUAL TO TWENTY-FIVE PERCENT OF THE AMOUNT TO BE PAID TO THE CHIEF CORRECTIONS OFFICER; TO AMEND SECTION 47-5-937, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE COUNTY OR COUNTIES CONTRACTING FOR A REGIONAL CORRECTIONAL FACILITY SHALL PROVIDE THE LAW ENFORCEMENT PERSONNEL THAT ARE NEEDED TO STAFF THE FACILITY; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 47-5-935, Mississippi Code of 1972, is amended as follows:

47-5-935. Concurrent with the execution of a contract for housing of state offenders as authorized by Sections 47-5-931 through 47-5-941, the sheriff of a county where the facility is located is designated as the Chief Corrections Officer for the facility housing state offenders, and in that capacity, shall assume responsibility for management of the corrections facility and for the provision of the care and control of the state offenders housed therein. The sheriff shall be subject to the direction of the department for management of the correctional facility. In addition to the compensation provided by Section 25-3-25, the sheriff shall receive Fifteen Thousand Six Hundred Dollars ($15,600.00) as compensation for the duties specified in Sections 47-5-931 through 47-5-941. If the Chief Corrections Officer for a correctional facility created under Section 47-5-931, contracts with a sheriff of another county to provide additional management support for the facility, then the sheriff who is providing the additional support for the facility shall receive, in addition to the compensation provided by Section 25-3-25, a yearly amount equal to twenty-five percent (25%) of the pay authorized in this section for the Chief Corrections Officer.

SECTION 2. Section 47-5-937, Mississippi Code of 1972, is amended as follows:

47-5-937. Sections 47-5-931 through 47-5-941 shall be full and complete authority for the exercise of all powers and authority granted herein and no requirements or restrictions of law which would otherwise be applicable to acts of the county or sheriff or the Department of Corrections shall be applicable except as expressly provided herein. The sheriff is expressly authorized to employ counsel to represent the facility to be paid a salary within the range allowed for a legal assistant to a district attorney with the employment to continue for a period of time not to exceed the duration of the indebtedness incurred for construction of the facility. The county or counties shall pay this cost and other costs incurred in the operation of the facility from the proceeds of the funds derived from the financing of the project and the housing of offenders. The county or counties shall also supply all law enforcement personnel that are needed to staff a facility created under Section 47-5-931.

SECTION 3. This act shall take effect and be in force from and after July 1, 1998.