1998 Regular Session
To: Juvenile Justice; Penitentiary
By: Representative Malone
House Bill 1239
(As Sent to Governor)
AN ACT TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO CONTRACT WITH THE WALNUT GROVE CORRECTIONAL AUTHORITY OR THE GOVERNING AUTHORITIES OF THE MUNICIPALITY OF WALNUT GROVE, LEAKE COUNTY, MISSISSIPPI, FOR INCARCERATION OF STATE JUVENILE OFFENDERS AT A MUNICIPALLY OWNED OR LEASED MAXIMUM SECURITY CORRECTIONAL FACILITY; TO PROVIDE THAT THE MAXIMUM AGE OF AN OFFENDER HOUSED IN THE FACILITY WILL BE NINETEEN YEARS; TO PROVIDE THAT THE REGIMENTED INMATE DISCIPLINE PROGRAM SHALL BE IMPLEMENTED AT THE FACILITY; TO PROVIDE THAT ANY JUVENILE HOUSED IN THE FACILITY SHALL BE PROVIDED CONTINUING EDUCATION FOR A HIGH SCHOOL DIPLOMA AND A PROGRAM FOR VOCATIONAL EDUCATION; TO PROVIDE FOR ALCOHOL AND DRUG COUNSELING FOR ALL JUVENILES HOUSED IN THE FACILITY; TO DESIGNATE KEMPER COUNTY AS THE SITE FOR ANY FUTURE JUVENILE CORRECTIONAL FACILITY; TO PROVIDE THAT IF A THIRD JUVENILE CORRECTIONAL FACILITY IS CONSTRUCTED, THEN SITES IN NORTH MISSISSIPPI AND SOUTH MISSISSIPPI SHALL BE CONSIDERED; TO PROVIDE THAT IF A SITE IN NORTH MISSISSIPPI IS CHOSEN, THEN PREFERENCE SHALL BE GIVEN TO QUITMAN COUNTY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Mississippi Department of Corrections shall contract with the Walnut Grove Correctional Authority or the governing authorities of the Municipality of Walnut Grove, Leake County, Mississippi, to provide for the private housing, care and control up to five hundred (500) juvenile offenders who are in the custody of the Department of Corrections at a maximum security facility in Walnut Grove. The maximum age of any offender housed in this facility shall be nineteen (19) years. A county or circuit judge shall not order any juvenile to be housed in the correctional facility authorized in this act. Commitment of juvenile offenders shall not be to this facility, but shall be to the jurisdiction of the department. The commissioner shall assign newly sentenced offenders to an appropriate facility consistent with public safety. Any facility owned or leased by the Walnut Grove Correctional Authority or the Municipality of Walnut Grove for this purpose shall be designed, constructed, operated and maintained in accordance with American Correctional Association standards, and shall comply with all constitutional standards of the United States and the State of Mississippi and with all court orders that may now or hereinafter be applicable to the facility. The contract must comply with Sections 47-5-1211 through 47-5-1227.
SECTION 2. The Department of Corrections shall contract for the purposes set out in Section 1 of this act for a period of not more than twenty (20) years. The Department of Corrections may include in the contract, as an inflation factor, a three percent (3%) annual increase in the contract price. The state shall retain responsibility for medical care for state offenders to the extent that is required by law.
SECTION 3. The regimented inmate discipline program, as established by the Department of Corrections, shall be implemented at the facility authorized in Section 1 of this act. For the first ninety (90) days of a juvenile offender's incarceration in the facility, he shall be assigned to a course in the regimented inmate discipline program.
SECTION 4. The correctional facility authorized in Section 1 of this act shall provide any juvenile offender housed in the facility with continuing education throughout his incarceration which leads to the presentation of a high school diploma or General Education Development (GED) equivalent. The facility also shall provide a program of vocational education, which is to be included in the continuing education program for a high school diploma or GED equivalent.
SECTION 5. The correctional facility authorized in Section 1 of this act shall provide each juvenile offender housed in the facility alcohol and drug counseling and treatment throughout his incarceration.
SECTION 6. (1) If a second public or private correctional facility for juvenile offenders is constructed, then the facility shall be located in Kemper County. The facility shall comply with the requirements and standards established in Sections 1 through 5.
(2) If a third public or private correctional facility for juveniles is constructed, a site in North Mississippi and a site in South Mississippi shall be considered. If a site is chosen in North Mississippi, then preference shall be given to Quitman County. The facility shall comply with the requirements and standards established in Sections 1 through 5.
SECTION 7. This act shall take effect and be in force from and after its passage.