MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Corrections; Workforce Development
By: Representative Harness
AN ACT TO CREATE THE MISSISSIPPI PRISON EDUCATION REFORM ACT OF 2021; TO REQUIRE THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO ESTABLISH AND MAINTAIN EDUCATIONAL CLASSES FOR INMATES; TO PROVIDE THE CLASSES THAT MUST BE OFFERED; TO CREATE WITHIN THE DEPARTMENT OF CORRECTIONS THE CORRECTIONAL EDUCATION ADVISORY COMMITTEE; TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE; TO REQUIRE THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS, THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF EMPLOYMENT SECURITY, THE COMMISSIONER OF THE STATE INSTITUTIONS OF HIGHER LEARNING, THE EXECUTIVE DIRECTOR OF THE COMMUNITY COLLEGE BOARD, THE BOARD OF TRUSTEES OF EACH MISSISSIPPI COMMUNITY COLLEGE AND THE CHAIRMAN OF THE STATE BOARD OF EDUCATION TO ENTER INTO INTERAGENCY AGREEMENTS IN ORDER TO PLAN AND DEVELOP PRISON-BASED EDUCATIONAL PROGRAMS; TO PROVIDE THE DUTIES OF THE DEPUTY COMMISSIONER OF EDUCATION; TO PROVIDE THE DUTIES OF THE CORRECTION EDUCATION ADVISORY COMMITTEE; TO REQUIRE THE COMMITTEE TO SUBMIT A REPORT TO THE LEGISLATURE BY JANUARY, 1, 2023; TO AMEND SECTION 47-5-26, MISSISSIPPI CODE OF 1972, TO CREATE THE DEPUTY COMMISSIONER OF EDUCATION POSITION WITHIN THE DEPARTMENT OF CORRECTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the Mississippi Prison Education Reform Act of 2021.
SECTION 2. The Mississippi Department of Corrections (MDOC) shall establish and maintain educational classes for inmates by using personnel of the Mississippi Department of Education (MDE) or the Mississippi Department of Employment Security (MDES), or by entering into an agreement with the governing board of a school district or private school or the governing boards of school districts under which the district shall help maintain classes for such inmates. The governing board of a school district or private school may enter into such an agreement regardless of whether the institution or facility at which the classes are to be established and maintained is within or without the boundaries of the school district.
SECTION 3. At least the following classes shall be made available to inmates under the Mississippi Department of Corrections: auto body repair, auto mechanics, auto painting, barbering, beekeeping, braille transcription, building/industrial maintenance, computer/office technology, cabinetry/carpentry, commercial driver's license, computer/electronic repair (Microsoft certification), cosmetology, customer service and computer technology, diesel mechanics, drafting, electrical wiring, food preparation/culinary arts, graphic arts/printing, heating & air conditioning, masonry/tile setting, plumbing, veterinary assistant (large and small animals), visual graphics, welding and woodworking.
SECTION 4. (1) There is hereby established within the Department of Corrections the Correctional Education Advisory Committee. As used in this act, "committee" means the Correctional Education Advisory Committee.
(2) The committee shall be composed of eleven (11) members selected as follows:
(a) The State Superintendent of Education, or his or her designee. Any designee selected by the Superintendent shall have an interest and expertise in the area of adult education or correctional education;
(b) An institutional supervisor of correctional education programs from the Department of Corrections appointed by the Commissioner of the Department of Corrections;
(c) A representative of the Mississippi Prison Industries Corporation appointed by the Commissioner of the Department of Corrections;
(d) A warden of a state prison appointed by the Commissioner of the Department of Corrections;
(e) A vocational instructor from the Department of Corrections appointed by the Commissioner of the Department of Corrections;
(f) An academic teacher from the Department of Education appointed by the Lieutenant Governor;
(g) A prison rights advocate appointed by the Lieutenant Governor;
(h) A representative of the University of Mississippi, appointed by the chancellor of the university;
(i) A representative of Mississippi State University, appointed by the chancellor of the university;
(j) A representative of Jackson State University, appointed by the president of the university; and
(k) A special education teacher from the Department of Education appointed by the Governor.
(3) (a) Except for the terms of initial members, members shall be appointed for terms of four (4) years. If a vacancy occurs, the appointing authority, as specified in subsection (2) of this section, shall appoint a member for the remainder of that term. The terms of the initial members of the committee shall expire as follows:
(i) The members selected under paragraphs (a), (b), (c), and (d) of paragraph (a) shall expire on July 1, 2022.
(ii) The members selected under paragraphs (e), (f), and (g) of paragraph (a) shall expire on July 1, 2023.
(iii) The members selected under paragraphs (h), (i), (j), and (k) of paragraph (a) shall expire on July 1, 2024.
(b) Successor members shall hold office for terms to commence on the expiration date of the term of the predecessor.
(4) Members of the committee shall serve without compensation but shall be reimbursed for per diem and travel expenses incurred in the performance of their duties. Members employed by state agencies shall receive their normal state salaries while serving on the committee.
(5) The members of the committee shall elect a chairperson annually. The chairperson shall meet regularly with the Commissioner of the Department of Corrections to ensure that all actions taken by the committee are in accordance with Department of Corrections' rules and regulations relating to security.
(6) The committee shall meet at least six (6) times each year. The meetings may be called by the chairperson of the committee.
SECTION 5. (1) In order to plan and develop prison-based educational programs, the Commissioner of the Department of Corrections, the Executive Director of the Department of Employment Security, the Commissioner of the State Institutions of Higher Learning, the Executive Director of the Community College Board, the Board of Trustees of each Mississippi Community College and the Chairman of the State Board of Education, shall enter into interagency agreements. These agreements shall provide for, but not be limited to, both of the following:
(a) A determination of the roles of the Department of Corrections, the Department of Employment Security, the State Institutions of Higher Learning, the community colleges and the State Board of Education, in developing policy for prison-based educational programs; and
(b) Joint policy and program planning.
(2) The Deputy Commissioner of Education, in consultation with the committee, shall perform all of the following duties:
(a) Make recommendations on the use of instructional television in these programs.
(b) Review and make recommendations relating to any proposed budgets for these programs.
(c) Review and make recommendations relating to the implementation of the interagency agreement.
(d) Adopt and enforce all necessary rules and regulations for the management and operation of education programs within the Department of Corrections, including operating procedures and the goals of correctional education. All rules or regulations adopted by the committee shall be in accordance with the rules and regulations of the Department of Corrections relating to security.
(e) Approve education programs of appropriate levels and types in correctional institutions and adopt rules and regulations for the admission of inmate students to these education programs.
(f) Enter into agreements with public or private school districts, community colleges, colleges, or universities, and other entities, as appropriate, for the purpose of carrying out the duties and responsibilities of the Deputy Commissioner of Education. All agreements and contracts for instructional services shall expressly prescribe the qualifications and expectations for instructors and the educational objectives to be met. In the identification and provision of special education services, the Deputy Commissioner of Education, in consultation with the committee, shall establish all appropriate interagency agreements with service providers. All hiring decisions and other personnel matters with respect to correctional education programs shall be made by the Deputy Commissioner of Education or his or her designee, in consultation with the committee, consistent with civil service regulations.
(g) Visit and inspect the correctional schools, as the committee deems necessary, and name each correctional school if necessary.
(3) The Deputy Commissioner for Education, in consultation with the committee and in conjunction with parole and other aftercare programs and consistent with the policies adopted by the Commissioner of Corrections, shall develop and implement a plan for providing transitional educational services for inmates, including, but not limited to, counseling and placement services.
(4) The Deputy Commissioner of Education, in consultation with the committee, shall develop a plan and make every reasonable effort to accomplish all of the following:
(a) Conduct annual reviews of program cost-effectiveness and make recommendations, including, but not limited to, improvement of programs to lower recidivism, consolidation of administrative functions to lower costs, and ways to reduce operational costs.
(b) Provide each of the educational opportunities set forth in paragraphs (c) to (f), inclusive, to inmates while in prison and in state-operated transitional facilities and programs.
(c) Provide each inmate with the opportunity to achieve functional literacy, specifically the ability to read and write the English language and to perform routine mathematical functions at a 9th grade level before his or her release or expiration of sentence. If the inmate demonstrates the intellectual capacity to benefit from those opportunities, the committee shall provide that inmate with the opportunity to obtain the equivalent of a high school diploma.
(d) Provide every inmate with the opportunity to achieve entry-level vocational skills in occupational fields in which there is a demonstrable demand within the economy of this state.
(e) Provide every inmate with life management skills and social adaptation skills to allow the inmate to function successfully in society.
(f) Provide inmates who demonstrate college-level academic capacity with the opportunity to engage in college-level academic programs within correctional facilities. The associated costs of these programs shall be borne by the inmate or generated by private or foundation funding, subject to evaluations for cost-effectiveness and recommendations as provided in paragraph (a).
(5) Notwithstanding the other provisions of this section, the Commissioner of the Department of Corrections shall administer all prison-based education programs.
SECTION 6. (1) The committee shall advise the Deputy Commissioner of Education regarding all of the following goals and objectives:
(a) Ensure that correctional education programs meet minimum performance standards and provide 9th grade literacy skills and marketable vocational skills.
(b) Develop by January 1, 2022, in cooperation with the State Department of Education, a procedure to evaluate the effectiveness of correctional education programs, including criteria similar to those used by the State Department of Education. An evaluation shall be done on a biennial basis thereafter.
(c) (i) Ensure that all education staff are certified in accordance with the State Department of Education's standards by January 1, 2022. Provisions shall be made for the development of individual plans, approved by the Deputy Commissioner of Education, if a current education staff member does not qualify for certification. Instead of certification, correctional librarians shall hold a master's degree in library science from a library program accredited by the American Library Association.
(ii) Ensure that in performing educational services, the members of the education staff do not perform peace officer duties.
(iii) Ensure that educational staff adhere to institutional security standards and maintain safety status to continue the institutional security and protection of the public safety.
(d) Develop a procedure for maintaining a list of substitute teachers so that students are not displaced if a regular instructor is absent for any reason.
(e) Develop a mechanism to test all offenders committed to the custody of the Department of Corrections for academic achievement unless the offenders are specifically excluded from the testing requirement by the Department of Corrections' policy. Standards shall be in accordance with State Department of Education's testing standards for academic achievement.
(f) Develop a five-year comprehensive plan for a unified correctional school system by June 1, 2022. This unified correctional school system shall not constitute a school district or any other local educational agency. The plan shall have a three-year phase-in schedule and shall do each of the following:
(i) Work with the Mississippi Prison Industries Corporation to develop training programs for inmates.
(ii) Develop measurable objectives for correctional education.
(iii) Develop quality control mechanisms for correctional education.
(iv) Integrate academic education and vocational education with participation in prison industry programs.
(g) Ensure that vocational education programs complement existing Mississippi Prison Industry Corporation programs whenever possible.
(h) In conjunction with the Department of Corrections, determine conditions under which an inmate may be removed from an education program or the classroom. The conditions developed for removal of an inmate from an education program or the classroom shall be consistent with any regulations or policies of the Department of Corrections as well as any federal laws.
(i) Conduct a survey of all correctional institutions to identify inmates with special education needs and develop a plan for addressing those special needs.
(j) Develop and implement an ongoing teacher training program in correctional education.
SECTION 7. The committee shall submit a report to the Legislature on or before January 1, 2023, with recommendations for further restructuring of correctional education in this state. The report shall focus on, but not be limited to, each of the following:
(a) Attaining parallel education programs between correctional education and public education.
(b) Correctional education governance system.
(c) Funding sources.
(d) Correctional education curriculum.
(e) Correctional library standards.
(f) Correctional education teacher training.
(g) Appropriate correctional education liaisons with the greater educational community in this state.
SECTION 8. Section 47-5-26, Mississippi Code of 1972, is amended as follows:
47-5-26. (1) The commissioner shall employ the following personnel:
(a) A Deputy Commissioner for Administration and Finance, who shall supervise and implement all fiscal policies and programs within the department, supervise and implement all hiring and personnel matters within the department, supervise the department's personnel director, supervise and implement all purchasing within the department and supervise and implement all data processing activities within the department, and who shall serve as the Chief Executive Officer of the Division of Administration and Finance. He shall possess either:
(i) A master's degree from an accredited four-year college or university in public or business administration, accounting, economics or a directly related field, and four (4) years of experience in work related to the above-described duties, one (1) year of which must have included line or functional supervision; or
(ii) A bachelor's degree from an accredited four-year college or university in public or business administration, accounting, economics or a directly related field, and six (6) years of experience in work related to the above-described duties, one (1) year of which must have included line or functional supervision. Certification by the State of Mississippi as a certified public accountant may be substituted for one (1) year of the required experience.
(b) A Deputy Commissioner for Community Corrections, who shall initiate and administer programs, including, but not limited to, supervision of probationers, parolees and suspensioners, counseling, community-based treatment, interstate compact administration and enforcement, prevention programs, halfway houses and group homes, technical violation centers, restitution centers, presentence investigations, and work and educational releases, and shall serve as the Chief Executive Officer of the Division of Community Services. The Deputy Commissioner for Community Corrections is charged with full and complete cooperation with the State Parole Board and shall make monthly reports to the Chairman of the Parole Board in the form and type required by the chairman, in his discretion, for the proper performance of the probation and parole functions. After a plea or verdict of guilty to a felony is entered against a person and before he is sentenced, the Deputy Commissioner for Community Corrections shall procure from any available source and shall file in the presentence records any information regarding any criminal history of the person such as fingerprints, dates of arrests, complaints, civil and criminal charges, investigative reports of arresting and prosecuting agencies, reports of the National Crime Information Center, the nature and character of each offense, noting all particular circumstances thereof and any similar data about the person. The Deputy Commissioner for Community Corrections shall keep an accurate and complete duplicate record of this file and shall furnish the duplicate to the department. This file shall be placed in and shall constitute a part of the inmate's master file. The Deputy Commissioner for Community Corrections shall furnish this file to the State Parole Board when the file is needed in the course of its official duties. He shall possess either: (i) a master's degree in counseling, corrections psychology, guidance, social work, criminal justice or some related field and at least four (4) years' full-time experience in such field, including at least one (1) year of supervisory experience; or (ii) a bachelor's degree in a field described in subparagraph (i) of this paragraph and at least six (6) years' full-time work in corrections, one (1) year of which shall have been at the supervisory level.
(c) A Deputy Commissioner for Institutions, who shall administer institutions, reception and diagnostic centers, prerelease centers and other facilities and programs provided therein, and shall serve as the Chief Executive Officer of the Division of Institutions. He shall possess either: (i) a master's degree in counseling, criminal justice, psychology, guidance, social work, business or some related field, and at least four (4) years' full-time experience in corrections, including at least one (1) year of correctional management experience; or (ii) a bachelor's degree in a field described in subparagraph (i) of this paragraph and at least six (6) years' full-time work in corrections, four (4) years of which shall have been at the correctional management level.
(d) A Deputy
Commissioner for Programs, * * * Re-entry, and Vocational
Rehabilitation Services who shall initiate and administer programs, including
but not limited to, * * * religious services, moral rehabilitation, alcohol and drug
rehabilitation, and court re-entry. The Deputy Commissioner for Programs, * * * Re-entry, and Vocational
Rehabilitation may coordinate with any educational institution to develop a
program for moral rehabilitation with an emphasis on promoting effective
programs for release. The Deputy Commissioner for Programs, * * * Re-entry, and Vocational
Rehabilitation shall focus on re-entry programs aimed at reducing recidivism
and adequately preparing offenders for employment upon their release. The
programs shall incorporate a moral component focused on providing offenders
with an opportunity to make positive changes while incarcerated that will
enable them to be productive members of society upon their release. Such
deputy commissioner shall possess either:
(i) A master's degree in counseling, corrections, psychology, guidance, social work, criminal justice or some related field and at least four (4) years' full-time experience in such field, including at least one (1) year of supervisory experience; or
(ii) A bachelor's degree in a field described in subparagraph (i) of this paragraph and at least six (6) years full-time work in corrections, one (1) year of which shall have been at the supervisory level.
(e) A Deputy Commissioner for Education who shall initiate and administer programs related to education as provided in this act. Such deputy commissioner shall possess either:
(i) A master's degree in education, counseling, corrections, psychology, guidance, social work, criminal justice or some related field and at least four (4) years' full-time experience in such field, including at least one (1) year of supervisory experience; or
(ii) A bachelor's degree in a field described in subparagraph (i) of this paragraph and at least six (6) years full-time work in corrections, one (1) year of which shall have been at the supervisory level.
(2) The commissioner shall employ an administrative assistant for parole matters who shall be selected by the State Parole Board, who shall be an employee of the department assigned to the State Parole Board and who shall be located at the office of the State Parole Board, and who shall work under the guidance, supervision and direction of the board.
(3) The administrative assistant for parole matters shall receive an annual salary to be established by the Legislature. The salaries of department employees not established by the Legislature shall receive an annual salary established by the State Personnel Board.
(4) The commissioner shall employ a superintendent for the Parchman facility, Central Mississippi Correctional Facility and South Mississippi Correctional Institution of the Department of Corrections. The Superintendent of the Mississippi State Penitentiary shall reside on the grounds of the Parchman facility. Each superintendent shall appoint an officer in charge when he is absent.
Each superintendent shall develop and implement a plan for the prevention and control of an inmate riot and shall file a report with the Chairman of the Senate Corrections Committee and the Chairman of the House Penitentiary Committee on the first day of each regular session of the Legislature regarding the status of the plan.
In order that the grievances and complaints of inmates, employees and visitors at each facility may be heard in a timely and orderly manner, each superintendent shall appoint or designate an employee at the facility to hear grievances and complaints and to report grievances and complaints to the superintendent. Each superintendent shall institute procedures as are necessary to provide confidentiality to those who file grievances and complaints.
(5) For a one-year period beginning July 1, 2016, any person authorized for employment under this section shall not be subject to the rules, regulations and procedures of the State Personnel Board, except as otherwise provided under Section 25-9-127(5).
SECTION 9. This act shall take effect and be in force from and after July 1, 2021.