Senate Bill 2702

(As Passed the Senate)

AN ACT TO AMEND SECTION 47-5-943, MISSISSIPPI CODE OF 1972, TO TRANSFER ALL OF THE RIGHTS, BENEFITS, OBLIGATIONS AND DUTIES OF THE WALNUT GROVE CORRECTIONAL AUTHORITY TO THE MISSISSIPPI DEPARTMENT OF CORRECTIONS; TO REPEAL CHAPTER 991, LAWS OF 1998, WHICH CREATES THE WALNUT GROVE CORRECTIONAL AUTHORITY AND PROVIDE FOR ITS POWERS AND DUTIES; TO REPEAL CHAPTER 906, LAWS OF 2013, WHICH AUTHORIZES MEMBERS OF THE BOARD OF COMMISSIONERS OF THE WALNUT GROVE CORRECTIONAL AUTHORITY TO RECEIVE PER DIEM COMPENSATION; TO REPEAL CHAPTER 913, LAWS OF 2019, WHICH AUTHORIZES THE WALNUT GROVE CORRECTIONAL AUTHORITY TO HOUSE PRISONERS WHO HAVE BEEN CLASSIFIED TO ANY CUSTODY LEVEL; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-5-943, Mississippi Code of 1972, is amended as follows:

47-5-943. (1) From and after the effective date of Senate Bill 2702, all of the rights, benefits, obligations and duties of the Walnut Grove Correctional Authority shall be transferred to the Mississippi Department of Corrections, and all property, real, personal and mixed, and all debts belonging to the Walnut Grove Correctional Authority shall be transferred to the Mississippi Department of Corrections.

(2) The Mississippi Department of Corrections may * * * provide, or contract with a private contractor to provide, for the * * *~~private~~ housing, care and control of * * * offenders who are in the custody of the Department of Corrections at * * *~~a maximum security facility in~~ the Walnut Grove facility. A county or circuit judge shall not order any offender to be housed in the correctional facility authorized in Sections 47-5-943 through 47-5-953. Commitment of offenders shall not be to this facility, but shall be to the jurisdiction of the department. The commissioner shall assign newly sentenced offenders to an appropriate facility consistent with public safety. Any facility owned or leased by the * * * Department of Corrections for this purpose shall be designed, constructed, operated and maintained in accordance with American Correctional Association standards, and shall comply with all constitutional standards of the United States and the State of Mississippi and with all court orders that may now or hereinafter be applicable to the facility. * * *~~The~~ Any contract entered into under the authority of this section must comply with Sections 47-5-1211 through 47-5-1227.

SECTION 2. Chapter 991, Laws of 1998, which creates the Walnut Grove Correctional Authority and provides for its powers and duties, is hereby repealed.

SECTION 3. Chapter 915, Laws of 2013, which authorizes members of the Board of Commissioners of the Walnut Grove Correctional Authority to receive per diem compensation, is hereby repealed.

SECTION 4. Chapter 913, Laws of 2019, which authorizes the Walnut Grove Correctional Authority to house prisoners who have been classified to any custody level, is hereby repealed.

SECTION 5. This act shall take effect and be in force from and after July 1, 2020, and shall stand repealed on June 30, 2020.