MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Appropriations

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

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 1999. 

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, 1998, and ending June 30, 1999

$ 192,596,264.00.

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, 1998, and ending June 30, 1999 $ 14,955,147.00.

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 $ 106,963,042.00

Travel and Subsistence 657,245.00

Contractual Services 53,884,195.00

Commodities 16,317,465.00

Capital Outlay:

Other Than Equipment 1,804,578.00

Equipment 2,393,444.00

Subsidies, Loans and Grants 397,320.00

Total $ 182,417,289.00

FUNDING:

General Funds $ 173,922,550.00

Special Funds 8,494,739.00

Total $ 182,417,289.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 4,101

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

Time-Limited: Full Time. . . . . . . . . 64

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

MEDICAL SERVICES

FUNDING:

General Funds $ 17,926,762.00

Special Funds 0.00

Total $ 17,926,762.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 212

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

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

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

PAROLE BOARD

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 689,952.00

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 $ 746,952.00

FUNDING:

General Funds $ 746,952.00

Special Funds 0.00

Total $ 746,952.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 24

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

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

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

FARMING OPERATIONS

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 922,509.00

Travel and Subsistence 17,686.00

Contractual Services 845,973.00

Commodities 2,350,000.00

Capital Outlay:

Other Than Equipment 1,779,595.00

Equipment 511,645.00

Subsidies, Loans and Grants 33,000.00

Total $ 6,460,408.00

FUNDING:

General Funds $ 0.00

Special Funds 6,460,408.00

Total $ 6,460,408.00

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 the policies established by the State Personnel Board and any conditions placed on such expenditures:

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

(b) Funds are provided herein and shall be used to fund the "Realignment" component of the Variable Compensation Plan at the requirement established by the State Personnel Board.

In addition to the funds provided in part (b) above, it is the intention of the Legislature that the fiscal year 1999 Variable Compensation Plan shall provide funds to the appropriate budgets to fund MH-Direct Care Worker classifications increases resulting from implementing the provisions of Senate Bill No. 2100, 1997 Regular Session.

It is the agency's responsibility to make certain that funds required to be appropriated for Personal Services for Fiscal Year 2000 do not exceed Fiscal Year 1999 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 FY99 Target

Mississippi State Penitentiary

Average population (inmates) 4,029

Participants in programs (inmates) 6,357

Successful program completion (inmates) 3,883

Central Mississippi Correctional Facility

Average population (inmates) 2,361

Participants in programs (inmates) 965

Successful program completion (inmates) 748

South Mississippi Correctional Facility

Average population (inmates) 2,400

Participants in programs (inmates) 816

Successful program completion (inmates) 515 Community Based Services

Average population (offenders) 13,013

Supportive Services

Purchase orders generated (transactions) 21,000

Payment vouchers generated (transactions) 25,000

New hires (persons) 1,000

Farming Operations

Vegetables produced (pounds) 1,539,839

Unit cost per pound of vegetable ($) 4.63

Inmate days worked (days) 87,597

Medical Services

Hospital occupancy rate (percentage) 75

Sick call treatments (inmates) 38,000

Emergency room visits (inmates) 2,100

Parole Board

Cost per parole hearing ($) 137.00

Parole hearings (hearings) 5,000

Number paroled (offenders) 1,500

Reimbursement - Local Confinement

Average approved monthly population (inmates) 800

Average unapproved monthly population (inmates) 200

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 2000.

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, 1998, and ending June 30, 1999

$ 9,665,044.00.

SECTION 13. The following sum, or so much thereof as may be necessary is hereby reappropriated 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 providing medical services to state prisoners, for the fiscal year beginning July 1, 1998, and ending June 30, 1999

$ 2,000,000.00.

The funds reappropriated in this Section shall be derived from funds originally appropriated to the Department of Corrections for fiscal year 1998, as authorized in Chapter No. 18, Laws of 1997. Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the unexpended balance as of June 30, 1998.

SECTION 14. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, 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 15. This act shall take effect and be in force from and after July 1, 1998.