Senate Bill 2109

AN ACT TO AMEND SECTION 47-5-901, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI DEPARTMENT OF CORRECTIONS (MDOC) MUST REIMBURSE COUNTIES FOR THE MEDICAL EXPENSES OF STATE PRISONERS BEING HOUSED IN COUNTY JAILS DUE TO A LACK OF CAPACITY AT STATE CORRECTIONAL INSTITUTIONS; TO AMEND SECTION 99-15-19, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A COUNTY MAY REQUEST REIMBURSEMENT FROM MDOC FOR FEES AND EXPENSES INCURRED BY THE COUNTY IN THE PROSECUTION OF STATE OFFENDERS WHO COMMIT CRIMES WHILE IN A STATE CORRECTIONAL FACILITY OR COUNTY JAIL; TO AMEND SECTION 99-15-21, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A COUNTY MAY REQUEST SUCH REIMBURSEMENT ONLY FOR CASES IN WHICH LEGAL COUNSEL IS APPOINTED TO A STATE OFFENDER ON OR AFTER JULY 1, 2021; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-5-901, Mississippi Code of 1972, is amended as follows:

47-5-901. (1) (a) Any person committed, sentenced or otherwise placed under the custody of the Department of Corrections, on order of the sentencing court and subject to the other conditions of this subsection, may serve all or any part of his sentence in the county jail of the county wherein such person was convicted if the Commissioner of Corrections determines that physical space is not available for confinement of such person in the state correctional institutions. Such determination shall be promptly made by the Department of Corrections upon receipt of notice of the conviction of such person. The commissioner shall certify in writing that space is not available to the sheriff or other officer having custody of the person. Any person serving his sentence in a county jail shall be classified in accordance with Section 47-5-905.

(b) Any person committed, sentenced or otherwise placed under the custody of the Department of Corrections, on order of the sentencing court and subject to the other conditions of this subsection, may serve all or any part of his or her sentence in the county jail of the county wherein such person was convicted if the sheriff or president of the board of supervisors, requests such inmate or inmates. Upon such request, the department may allow such inmate or inmates to serve all or any part of such inmate's or inmates' sentence(s), as the case may be, in the county of conviction of the inmate or inmates. Such determination shall be promptly made by the Department of Corrections upon receipt of notice of the conviction of such person. Whenever a request is denied for an inmate or inmates, then the commissioner shall certify in writing to the sentencing court, sheriff, or president of the board of supervisors of a county, as the case may be, that such inmate or inmates does not qualify to serve the sentence or sentences in the county jail. Any person serving his sentence in a county jail shall be classified in accordance with Section 47-5-905.

(2) If state prisoners are housed in county jails due to a lack of capacity at state correctional institutions, the Department of Corrections shall determine the cost for food and medical attention for such prisoners. The cost of feeding and housing offenders confined in such county jails shall be based on actual costs or contract price per prisoner. In order to maximize the potential use of county jail space, the Department of Corrections is encouraged to negotiate a reasonable per day cost per prisoner, which in no event may exceed Twenty Dollars ($20.00) per day per offender; medical costs for state prisoners housed in the county jails must be borne by the Department of Corrections as provided in subsection (3) of this section.

(3) (a) (i) Upon vouchers submitted by the board of supervisors of any county housing persons due to lack of space at state institutions, the Department of Corrections shall pay to such county, out of any available funds, the actual cost of food, or contract price per prisoner, not to exceed Twenty Dollars ($20.00) per day per offender, as determined under subsection (2) of this section for each day an offender is so confined beginning the day that the Department of Corrections receives a certified copy of the sentencing order and will terminate on the date on which the offender is released or otherwise removed from the custody of the county jail.

(ii) The department, or its contracted medical provider, will pay to a provider of a medical service for any and all incarcerated persons from a correctional or detention facility an amount based upon negotiated fees as agreed to by the medical care service providers and the department and/or its contracted medical provider. In the absence of negotiated discounted fee schedule, medical care service providers will be paid by the department, or its contracted medical service provider, an amount no greater than the reimbursement rate applicable based on the Mississippi Medicaid reimbursement rate.

(iii) The board of supervisors of any county shall not be liable for any cost associated with medical attention for prisoners:

1. Who are pretrial detainees * * * ~~or for prisoners~~;

2. Who have been convicted that exceeds the Mississippi Medicaid reimbursement rate or the reimbursement provided by the Department of Corrections, whichever is greater; or

3. Who are state prisoners being housed in the county jail due to a lack of capacity at state correctional institutions. This limitation applies to all medical care services, durable and nondurable goods, prescription drugs and medications. Such payment shall be placed in the county general fund and shall be expended only for food and medical attention for such persons.

(b) Upon vouchers submitted by the board of supervisors of any county housing offenders in county jails pending a probation or parole revocation hearing, the department shall pay the reimbursement costs provided in paragraph (a).

(c) If the probation or parole of an offender is revoked, the additional cost of housing the offender pending the revocation hearing shall be assessed as part of the offender's court cost and shall be remitted to the department.

(4) A person, on order of the sentencing court, may serve not more than twenty-four (24) months of his sentence in a county jail if the person is classified in accordance with Section 47-5-905 and the county jail is an approved county jail for housing state inmates under federal court order. The sheriff of the county shall have the right to petition the Commissioner of Corrections to remove the inmate from the county jail. The county shall be reimbursed in accordance with subsection (2) of this section.

(5) The Attorney General of the State of Mississippi shall defend the employees of the Department of Corrections and officials and employees of political subdivisions against any action brought by any person who was committed to a county jail under the provisions of this section.

(6) This section does not create in the Department of Corrections, or its employees or agents, any new liability, express or implied, not existing on (date), nor shall it create in the Department of Corrections any administrative authority or responsibility for the construction, funding, administration or operation of county or other local jails or other places of confinement which are not staffed and operated on a full-time basis by the Department of Corrections. The correctional system under the jurisdiction of the Department of Corrections shall include only those facilities fully staffed by the Department of Corrections and operated by it on a full-time basis.

(7) An offender returned to a county for post-conviction proceedings shall be subject to the provisions of Section 99-19-42 and the county shall not receive the per-day allotment for such offender after the time prescribed for returning the offender to the Department of Corrections as provided in Section 99-19-42.

SECTION 2. Section 99-15-19, Mississippi Code of 1972, is amended as follows:

99-15-19. (1) Any county paying counsel fees and expenses incurred on appeal to the Supreme Court or by virtue of any prosecution charging the commission of a crime on the premises of the Mississippi State Penitentiary or other facility operated on a full-time basis by the Department of Corrections or the commission of a crime by any escapee * * *~~therefrom~~ from such a facility, may request reimbursement of all such payments from the State Treasurer. The State Auditor shall issue his or her warrant, based upon a voucher sent by the treasurer of any county entitled to such reimbursement together with a certification that such sums have been allowed and paid. The State Treasurer shall pay the amount of any such reimbursement out of any funds in the State Treasury appropriated for such purpose.

(2) A county paying counsel fees and expenses incurred by virtue of any prosecution charging the commission of a crime by a state offender who is serving a sentence in a state correctional facility or as a state prisoner in a county jail may request reimbursement of all such payments from the Department of Corrections. Upon vouchers submitted by the treasurer of a county entitled to such reimbursement, together with a certification that such sums have been allowed and paid, the department must pay the amount of the reimbursement out of any funds appropriated for such purpose. The payment shall be placed in the county general fund and shall be expended only to pay counsel fees and expenses for the representation of such indigent offenders.

SECTION 3. Section 99-15-21, Mississippi Code of 1972, is amended as follows:

99-15-21. (1) All compensation and reimbursements allowed by the judge shall be made on the basis of an itemized statement as to time and nature of work and the expense incurred by the appointed counsel. The Attorney General shall prepare and make available the proper form for the itemized statement which is to be submitted to the appropriate judge by the attorney or attorneys.

(2) (a) Compensation and reimbursements authorized by Sections 99-15-15 through 99-15-21 shall be allowed only in cases in which the appointment is made subsequent to April 5, 1971. In all cases in which counsel have been appointed prior to said date, compensation shall be allowed in the same manner and to the same extent as provided by law at the time such appointment was made. However, the provisions of this paragraph shall not apply to reimbursement of counsel fees and expenses authorized by Section 99-15-19(2).

(b) Compensation and reimbursements authorized by Section 99-15-19(2) is allowed only in cases in which the appointment of counsel is made on or after July 1, 2021. In all cases in which counsel has been appointed before that date, compensation shall be allowed in the same manner and to the same extent as provided by law at the time the appointment was made.

SECTION 4. This act shall take effect and be in force from and after July 1, 2021.