MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Corrections

By: Senator(s) Huggins, Jordan

Senate Bill 2602

(As Passed the Senate)

AN ACT TO AMEND SECTION 47-5-20, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF CORRECTIONS TO TRANSFER EMPLOYEES TO ANY FACILITY OF THE DEPARTMENT OF CORRECTIONS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 47-5-20, Mississippi Code of 1972, is amended as follows:

     47-5-20.  The commissioner shall have the following powers and duties:

          (a)  To establish the general policy of the department;

          (b)  To approve proposals for the location of new facilities, for major renovation activities, and for the creation of new programs and divisions within the department as well as for the abolition of the same; provided, however, that the commissioner shall approve the location of no new facility unless the board of supervisors of the county or the governing authorities of the municipality in which the new facility is to be located shall have had the opportunity with at least sixty (60) days' prior notice to disapprove the location of the proposed facility.  If either the board of supervisors or the governing authorities shall disapprove the facility, it shall not be located in that county or municipality.  Said notice shall be made by certified mail, return receipt requested, to the members of the board or governing authorities and to the clerk thereof;

          (c)  Except as otherwise provided or required by law, to open bids and approve the sale of any products or manufactured goods by the department according to applicable provisions of law regarding bidding and sale of state property, and according to rules and regulations established by the State Fiscal Management Board; * * *

          (d)  To transfer, in his discretion, employees of the department to any other facility of the department; and

          (e)  To adopt administrative rules and regulations including, but not limited to, offender transfer procedures, award of administrative earned time, personnel procedures, transfer of employees between facilities and employment practices.

     SECTION 2.  This act shall take effect and be in force from and after its passage.