MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Corrections; Accountability, Efficiency, Transparency
By: Senator(s) Chassaniol, Blackwell, Younger, Jackson (15th), Jackson (32nd)
AN ACT TO AMEND SECTION 47-5-1211, MISSISSIPPI CODE OF 1972, TO PLACE THE RESPONSIBILITY FOR CONDUCTING CORRECTIONAL SYSTEM COST-PER-DAY REVIEWS IN THE MISSISSIPPI DEPARTMENT OF CORRECTIONS; TO AUTHORIZE THE DEPARTMENT TO CONSULT WITH THE PEER COMMITTEE REGARDING POSSIBLE CHANGES TO METHODS AND PROCEDURES UTILIZED IN CONDUCTING THE COST-PER-DAY REVIEWS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-5-1211, Mississippi Code of 1972, is amended as follows:
47-5-1211. (1) A contract for private correctional facilities or services shall not be entered into unless the contractor has demonstrated that it has:
(a) The qualifications, experience and management personnel necessary to carry out the terms of the contract.
(b) The ability to expedite the siting, design and construction of correctional facilities.
(c) The ability to comply with applicable laws, court orders and national correctional standards.
(d) Demonstrated history of successful operation and management of other correctional facilities.
(2) A facility shall at all times comply with all federal and state laws, and all applicable court orders.
(3) (a) No contract for private incarceration shall be entered into unless the cost of the private operation, including the state's cost for monitoring the private operation, offers a cost savings of at least ten percent (10%) to the Department of Corrections for at least the same level and quality of service offered by the Department of Corrections.
(b) Beginning in * * * 2020, and every two (2) years
thereafter, the * * *
Mississippi Department of Corrections shall contract with a
certified public accounting firm to establish a state inmate cost per day using
financial information of the Department of Corrections for the most recently
completed fiscal year. The state inmate cost per day shall be certified as
required by this section. The certified cost shall be used as the basis for
measuring the validity of the ten percent (10%) savings of the contractor
costs.
(c) * * * The Department of
Corrections shall require the accounting firm to utilize the cost-based model
developed in conjunction with the PEER Committee staff and the department for
cost-per-day reviews conducted after 2012. The Department of Corrections may
consult with the PEER staff regarding proposed changes to the model for use in
future cost-per-day determinations.
(d) A circuit court judge appointed by the Executive Director of the Mississippi Commission on Judicial Performance.
(4) The rates and benefits for correctional services shall be negotiated based upon American Correction Association standards, state law and court orders.
SECTION 2. This act shall take effect and be in force from and after July 1, 2020.