House Bill 57

AN ACT TO AMEND SECTION 47-5-555, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE MISSISSIPPI PRISON INDUSTRIES CORPORATION TO UTILIZE MUNICIPAL AND COUNTY INMATE LABOR IF THE DEPARTMENT OF CORRECTIONS IS UNABLE TO PROVIDE SUFFICIENT INMATE LABOR FOR PRISON INDUSTRY PROGRAMS; TO AMEND SECTION 47-5-539, MISSISSIPPI CODE OF 1972, TO PROVIDE A CERTAIN DEFINITION; TO AMEND SECTION 47-1-19, MISSISSIPPI CODE OF 1972, TO PROVIDE A CERTAIN EXCEPTION TO ALLOW THE HIRING OF CERTAIN PRISONS; TO CREATE A NEW SECTION TO AUTHORIZE THE BOARD OF SUPERVISORS OF ANY COUNTY OR THE GOVERNING AUTHORITIES OF ANY MUNICIPALITY TO PROVIDE SUFFICIENT INMATE LABOR TO THE CORPORATION UNDER CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-5-555, Mississippi Code of 1972, is amended as follows:

47-5-555. The department shall, subject to the necessary security requirements and the needs of the corporation, provide to the corporation sufficient inmate labor for the various prison industry programs. However, if the department is unable to provide sufficient inmate labor, then the corporation is authorized to utilize labor provided by municipal and county inmates for the various prison industry programs. Further, the department, county or municipality, as the case may be, may adopt rules and regulations as may be necessary to govern the use of inmates by the corporation. The corporation shall establish policies and procedures, subject to the approval of the department, county or municipality, as the case may be, relating to the use of inmates in the prison industry programs.

SECTION 2. Section 47-5-539, Mississippi Code of 1972, is amended as follows:

47-5-539. For the purposes of Sections 47-5-531 through 47-5-575, the following terms shall have the following meanings unless the context shall provide otherwise:

(a) "Corporation" means the private nonprofit corporation which is required to be organized and formed to carry out the provisions of Sections 47-5-531 through 47-5-575 regarding prison industries.

(b) "Department" means the State Department of Corrections.

(d) "Municipal and county inmate" means any person incarcerated within any municipal or county jail who is not a state offender.

( * * *de) "Prison industry program" means any program which is considered to be a part of any prison industry in this state.

( * * *ef) "Prison agricultural enterprises" means all agricultural endeavors as defined in Section 47-5-353.

SECTION 3. Section 47-1-19, Mississippi Code of 1972, is amended as follows:

47-1-19. (1) Except as provided under Section 47-5-555, it is unlawful for any county-housed state inmate or county prisoner or prisoners to be leased or hired to any individual or corporation for any purpose whatsoever. Nor shall they be worked under any contractor; but in working them on county farms, or on the public roads or on any other work, which work must be of an exclusively public character, they shall be under exclusive official control and management.

(2) (a) It is lawful for a state, county or municipality to provide prisoners for public service work for nonprofit charitable organizations as defined under Section 501(c)(3) of the Internal Revenue Code if that nonprofit charitable organization provides food to charities. In addition, it is lawful for a state, county or municipality to provide prisoners for public service work for churches according to criteria approved by the Department of Corrections.

(b) The prisoners participating in the public service work under paragraph (a) shall remain under the exclusive control and management of the county or municipality.

(c) A prisoner performing public service work under this subsection shall be entitled to earned credits as provided under this chapter.

SECTION 4. The board of supervisors of any county or the governing authorities of any municipality are authorized to provide sufficient inmate labor to the Mississippi Prison Industries Corporation as provided under Section 47-5-555.

SECTION 5. This act shall take effect and be in force from and after July 1, 2018.