MISSISSIPPI LEGISLATURE

2005 Regular Session

To: Corrections; County Affairs

By: Representative Dedeaux, Bailey, Clarke, Hudson, Moss, Robinson (63rd)

House Bill 831

AN ACT TO AMEND SECTION 47-5-937, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT COUNTY OR REGIONAL FACILITIES' CONTRACTS FOR LEGAL SERVICES MAY NOT EXCEED THE TERM OF OFFICE OF THE BOARD OF SUPERVISORS SITTING AT THE TIME THE CONTRACT IS ADOPTED; TO PROVIDE THAT THE WARDEN MAY EMPLOY LEGAL COUNSEL TO REPRESENT A FACILITY; AND FOR RELATED PURPOSES.

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

     SECTION 1.  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 the Department of Corrections shall be applicable except as expressly provided herein.  The warden 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 term of the board of supervisors sitting at the time the contract is approved.  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.

     SECTION 2.  This act shall take effect and be in force from and after October 1 2005.