Senate Amendments to House Bill No. 874
TO THE CLERK OF THE HOUSE:
THIS IS TO INFORM YOU THAT THE SENATE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:
AMENDMENT NO. 1
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. Section 19-25-73, Mississippi Code of 1972, is amended as follows:
19-25-73. (1) In respect to the feeding of prisoners by the sheriff's office, the board of supervisors is authorized to choose one (1) of the following methods:
(a) It shall only contract with a local caterer or restaurant owner to bring in food for the prisoners, and the contract shall be awarded after taking bids as provided by law for other county contracts.
(b) The sheriff shall
purchase, in the name of the county, all necessary food and related supplies to
be used for feeding prisoners only in the county jail. All purchases of such
food and supplies shall be invoiced to the county and placed on the claims
docket of the board of supervisors for disposition in the same manner as all
other claims against the county. All wages and other compensation for services
rendered to the sheriff in connection with the feeding of prisoners shall be
submitted to and approved by the board of supervisors as other wages or compensation
paid to employees of the sheriff. The total expenditure for such purpose under
this method shall not exceed * * * Fifteen
Dollars ($15.00) per day per prisoner, except as provided in subsection (3)
of this section. All payments and reimbursements from any source for the
keeping of prisoners shall be received and paid into the general fund of the
county.
(c) The board of supervisors may negotiate a contract with the board of trustees of the local public community hospital to bring in food for the prisoners.
(2) The board of
supervisors may authorize the sheriff to maintain a bank account entitled
"jail food allowance account" into which shall be deposited all
receipts for feeding and keeping prisoners in the county jail, including
payments from the board of supervisors at the rate * * * not to exceed
Fifteen Dollars ($15.00) per prisoner per day and all such receipts from
municipalities, the United States and any other jurisdictions required to pay
the cost of feeding or keeping prisoners contained in the jail. He shall
maintain a receipts journal and a disbursements journal, in a form to be
prescribed by the State Department of Audit, which will provide the information
necessary to determine the actual cost of feeding the prisoners, which shall
not exceed * * * Fifteen Dollars ($15.00) per prisoner per
day, except as provided in subsection (3) of this section. All costs and
expenses for such feeding shall be paid from the jail food allowance account
and supported by properly itemized invoices. Any funds accumulating in the
jail food allowance account in excess of the monthly average expenditures, plus
ten percent (10%) for contingencies, shall be paid into the county general fund
at least once each calendar quarter.
(3) In the event that
prisoners are housed in the county jail by any political subdivision of the
state, the county may charge the political subdivision for housing, feeding and
otherwise caring for such prisoners an amount not to exceed the payments
provided under * * * state law
for the keeping in the county jail of persons committed, sentenced or otherwise
placed under the custody of the Department of Corrections. Nothing in this
section shall be construed to affect payments by the Department of Corrections
set by * * * state law for the keeping in the
county jail of persons committed, sentenced or otherwise placed under the
custody of the Department of Corrections.
SECTION 2. This act shall take effect and be in force from and after July 1, 2019.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTION 19-25-73, MISSISSIPPI CODE OF 1972, TO INCREASE FROM $6.00 TO $15.00 PER DAY PER PRISONER THAT COUNTY SHERIFFS MAY EXPEND UPON FEEDING PRISONERS HOUSED WITHIN COUNTY JAILS WHENEVER SUCH SHERIFFS PURCHASE FOOD, IN THE NAME OF THE COUNTY, FOR THE PRISONERS; AND FOR RELATED PURPOSES.
SS26\HB874A.J
Liz Welch
Secretary of the Senate