MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Corrections
By: Senator(s) McMahan
AN ACT TO AMEND SECTIONS 47-5-401 AND 47-5-451, MISSISSIPPI CODE OF 1972, TO REQUIRE THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO ESTABLISH STANDARDS THAT MUST BE SATISFIED FOR A COUNTY TO RECEIVE STATE OFFENDERS FOR PUBLIC SERVICE WORK PROGRAMS AND JOINT STATE-COUNTY WORK PROGRAMS; TO REQUIRE THE DEPARTMENT TO PUBLISH THESE STANDARDS ON ITS WEBSITE; TO PROVIDE THAT THE DEPARTMENT SHALL RESPOND TO A COUNTY'S REQUEST FOR STATE OFFENDERS FOR THESE PROGRAMS WITHIN 60 DAYS; TO REQUIRE THE DEPARTMENT TO PROVIDE ASSISTANCE TO LEE COUNTY IN COMPLYING WITH THE STANDARDS ESTABLISHED FOR THESE PROGRAMS; TO PROVIDE THAT THE DEPARTMENT SHALL ASSIGN UP TO 40 STATE OFFENDERS TO THE LEE COUNTY CORRECTIONAL FACILITY FOR PARTICIPATION IN THESE PROGRAMS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-5-401, Mississippi Code of 1972, is amended as follows:
47-5-401. (1) (a)
There is hereby authorized, in each county of the state, a public service work
program for state inmates in custody of the county. Such a program may be
established at the option of the county in accordance with the provisions of
Sections 47-5-401 through 47-5-421. The department shall * * * recommend rules and regulations concerning
the participation of state inmates in the program.
(b) The department shall also establish any standards with which a county must comply in order for the department to assign state offenders to the county. The standards shall be published on the department's website within thirty (30) days from and after the passage of this act. The department shall issue a decision on a county's request for state offenders within sixty (60) days of receiving the request. If the county's request is rejected, the department shall set forth the reasons for the rejection in writing.
(c) On or before January 1, 2020, the department shall assist the Lee County Board of Supervisors and the Lee County Sheriff in developing a work program that complies with the standards established under paragraph (b) of this subsection. Thereafter, the department shall contract with the Lee County Board of Supervisors and the Lee County Sheriff for the placement of up to forty (40) eligible state inmates in the Lee County Public Service Work Program.
(2) An inmate shall not be eligible to participate in a work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421 if he has been convicted of any crime of violence, including but not limited to murder, aggravated assault, rape, robbery or armed robbery.
(3) The inmates participating in the work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421 are restricted to the performance of public service work for counties, municipalities, the state or nonprofit charitable organizations, as defined by Section 501(c)(3) of the Internal Revenue Code of 1986, except that the Department of Corrections must approve all requests by nonprofit charitable organizations to use offenders to perform any public service work. Upon request of the Board of Trustees of State Institutions of Higher Learning, or the board of trustees of a county school district, municipal school district or junior college district, the inmates may be permitted to perform work for such boards.
SECTION 2. Section 47-5-451, Mississippi Code of 1972, is amended as follows:
47-5-451. (1) (a)
There is hereby authorized, in each county of the state, a public service work
program for state inmates in custody of the county. Such a program may be
established at the option of the county in accordance with the provisions of
Sections 47-5-401 through 47-5-421. The department shall * * * recommend rules and regulations concerning
the participation of state inmates in the program.
(b) The department shall also establish any standards with which a county must comply in order for the department to assign state offenders to the county. The standards shall be published on the department's website within thirty (30) days from and after the passage of this act. The department shall issue a decision on a county's request for state offenders within sixty (60) days of receiving the request. If the county's request is rejected, the department shall set forth the reasons for the rejection in writing.
(c) On or before January 1, 2020, the department shall assist the Lee County Board of Supervisors and the Lee County Sheriff in developing a work program that complies with the standards established under paragraph (b) of this subsection. Thereafter, the department shall contract with the Lee County Board of Supervisors and the Lee County Sheriff for the placement of up to forty (40) eligible state inmates in the joint state-county work program to be operated in Lee County.
(2) An inmate shall not be eligible to participate in a work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421, if he has been convicted of any crime of violence, including, but not limited to, murder, aggravated assault, rape, robbery or armed robbery.
(3) The inmates participating in the work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421, are restricted to the performance of public service work for counties, municipalities, the state, nonprofit charitable organizations or churches, as defined by Section 501(c)(3) of the Internal Revenue Code of 1986, except that the Department of Corrections must approve all requests by nonprofit charitable organizations or churches to use offenders to perform any public service work. Upon request of the Board of Trustees of State Institutions of Higher Learning, or the board of trustees of a county school district, municipal school district or junior college district, the inmates may be permitted to perform work for such boards.
SECTION 3. This act shall take effect and be in force from and after its passage.