MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Corrections
By: Representative Horan
AN ACT TO AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN INMATE, AS LONG AS THE INMATE IS NOT CONVICTED OF A SEX OFFENSE OR OF CAPITAL MURDER OR SENTENCED TO DEATH, SHALL BE ELIGIBLE FOR PAROLE IF HE OR SHE HAS BEEN DIAGNOSED WITH A TERMINAL ILLNESS OR DISEASE AND HAS A LIFE EXPECTANCY OF A YEAR OR LESS OR IS COMPLETELY DISABLED AND DOES NOT HAVE THE ABILITY TO PROVIDE SELF-CARE AND HE OR SHE IS BEDRIDDEN OR THE INMATE HAS LIMITED SELF-CARE CAPACITY AND IS BEDRIDDEN AT LEAST 50% OF WAKING HOURS; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO PROVIDE TO THE PAROLE BOARD, EVERY THIRTY DAYS, A LIST OF INMATES WHO MAY BE ELIGIBLE FOR PAROLE ELIGIBILITY DUE TO CERTAIN MEDICAL CONDITIONS; TO REQUIRE THE DEPARTMENT OR ITS MEDICAL DIRECTOR TO NOTIFY THE PAROLE BOARD OF ANY INMATE WHO IS DIAGNOSED WITH A TERMINAL ILLNESS OR DISEASE WITHIN SEVENTY-TWO HOURS OF THE DIAGNOSIS; TO AMEND SECTION 47-7-4, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE PAROLE BOARD, ALONG WITH THE COMMISSIONER OF CORRECTIONS AND THE DEPARTMENT OF CORRECTION'S MEDICAL DIRECTOR, TO PLACE CERTAIN OFFENDERS ON CONDITIONAL MEDICAL RELEASE IF THE OFFENDERS HAVE BEEN DIAGNOSED WITH A TERMINAL ILLNESS OR DISEASE AND HAVE A LIFE EXPECTANCY OF A YEAR OR LESS OR ARE COMPLETELY DISABLED AND DO NOT HAVE THE ABILITY TO PROVIDE SELF-CARE AND ARE BEDRIDDEN OR THE OFFENDER HAS LIMITED SELF-CARE CAPACITY AND IS BEDRIDDEN AT LEAST 50% OF WAKING HOURS; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO PROVIDE TO THE PAROLE BOARD, EVERY THIRTY DAYS, A LIST OF INMATES WHO MAY BE ELIGIBLE FOR CONDITIONAL MEDICAL RELEASE DUE TO CERTAIN MEDICAL CONDITIONS; TO REQUIRE THE DEPARTMENT OR ITS MEDICAL DIRECTOR TO NOTIFY THE PAROLE BOARD OF ANY INMATE WHO IS DIAGNOSED WITH A TERMINAL ILLNESS OR DISEASE WITHIN SEVENTY-TWO HOURS OF THE DIAGNOSIS; TO AUTHORIZE THE STATE PAROLE BOARD TO APPROVE SUPERVISED RESIDENTIAL CARE FACILITIES TO BE MONITORED BY THE PAROLE BOARD AND THE STATE DEPARTMENT OF HEALTH; TO PROVIDE THAT A SUPERVISED RESIDENTIAL CARE FACILITY SHALL HOUSE INMATES THAT ARE ON PAROLE UNDER CONDITIONAL MEDICAL RELEASE; TO PROVIDE THAT SUCH FACILITY SHALL HAVE ENHANCED SECURITY AND MAY OPERATE AS A NURSING HOME, END-STAGE RENAL DISEASE FACILITY, LONG-TERM CARE HOSPITAL FACILITY, ASSISTED LIVING FACILITY OR HOSPICE CARE FACILITY; TO AUTHORIZED THE BOARD TO GRANT MEDICAL PAROLE TO "MEDICALLY FRAIL" PAROLED INMATES AND TO AUTHORIZE THE INMATES TO BE REFERRED TO LICENSED SPECIAL CARE FACILITIES; TO AMEND SECTION 47-7-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE PAROLE BOARD TO PLACE CERTAIN OFFENDERS ON CONDITIONAL MEDICAL RELEASE AND TO EXTEND THE DATE OF REPEAL ON THIS SECTION; TO AMEND SECTION 47-7-17, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE PAROLE BOARD TO ORDER A PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION, WHEN NECESSARY, WHEN MAKING A PAROLE DECISION; TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO PROVIDE FOR HOSPICE CARE SERVICES FOR INMATES WHO ARE CONFINED IN FACILITIES UNDER THE JURISDICTION OF THE DEPARTMENT AND WHO ARE TERMINALLY ILL; TO AUTHORIZE THE DEPARTMENT TO HAVE THOSE HOSPICE CARE SERVICES PROVIDED BY PROPERLY QUALIFIED EMPLOYEES OF THE DEPARTMENT OR TO CONTRACT FOR THE PROVISION OF THE HOSPICE CARE SERVICES; TO PROVIDE THAT IF THE DEPARTMENT PROVIDES THE HOSPICE CARE SERVICES WITH DEPARTMENT EMPLOYEES, THE DEPARTMENT IS NOT REQUIRED TO HAVE A LICENSE UNDER THE MISSISSIPPI HOSPICE LAW; TO AMEND SECTION 41-85-5, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO AMEND SECTIONS 43-11-1 AND 43-11-13, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM "SPECIAL CARE FACILITIES FOR PAROLED INMATES" AND PRESCRIBE CONDITIONS FOR LICENSURE BY THE STATE DEPARTMENT OF HEALTH; TO AMEND SECTION 47-5-28, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO CONTRACT WITH LICENSED SPECIAL CARE FACILITIES FOR PAROLED INMATES TO PROVIDE AUTHORIZED MEDICAL SERVICES AND SUPPORT SERVICES FOR MEDICALLY FRAIL INMATES WHO HAVE BEEN PAROLED AND COMMITTED TO THE CUSTODY OF SUCH FACILITIES; TO CODIFY SECTION 43-13-117.6, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AND DIRECT THE DIVISION OF MEDICAID TO APPLY FOR NECESSARY WAIVERS FOR MEDICAID REIMBURSEMENT FOR SERVICES PROVIDED AT SUCH SPECIAL CARE FACILITIES FOR PAROLED INMATES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-7-3, Mississippi Code of 1972, is amended as follows:
47-7-3. (1) Every prisoner who has been convicted of any offense against the State of Mississippi, and is confined in the execution of a judgment of such conviction in the Mississippi Department of Corrections for a definite term or terms of one (1) year or over, or for the term of his or her natural life, whose record of conduct shows that such prisoner has observed the rules of the department, and who has served the minimum required time for parole eligibility, may be released on parole as set forth herein:
(a) Habitual offenders. Except as provided by Sections 99-19-81 through 99-19-87, no person sentenced as a confirmed and habitual criminal shall be eligible for parole;
(b) Sex offenders. Any person who has been sentenced for a sex offense as defined in Section 45-33-23(h) shall not be released on parole except for a person under the age of nineteen (19) who has been convicted under Section 97-3-67;
(c) Capital offenders. No person sentenced for the following offenses shall be eligible for parole:
(i) Capital murder committed on or after July 1, 1994, as defined in Section 97-3-19(2);
(ii) Any offense to which an offender is sentenced to life imprisonment under the provisions of Section 99-19-101; or
(iii) Any offense to which an offender is sentenced to life imprisonment without eligibility for parole under the provisions of Section 99-19-101, whose crime was committed on or after July 1, 1994;
(d) Murder. No person sentenced for murder in the first degree, whose crime was committed on or after June 30, 1995, or murder in the second degree, as defined in Section 97-3-19, shall be eligible for parole;
(e) Human trafficking. No person sentenced for human trafficking, as defined in Section 97-3-54.1, whose crime was committed on or after July 1, 2014, shall be eligible for parole;
(f) Drug trafficking. No person sentenced for trafficking and aggravated trafficking, as defined in Section 41-29-139(f) through (g), shall be eligible for parole;
(g) Offenses specifically prohibiting parole release. No person shall be eligible for parole who is convicted of any offense that specifically prohibits parole release;
(h) (i) Offenders eligible for parole consideration for offenses committed after June 30, 1995. Except as provided in paragraphs (a) through (g) of this subsection, offenders may be considered eligible for parole release as follows:
1. Nonviolent crimes. All persons sentenced for a nonviolent offense shall be eligible for parole only after they have served twenty-five percent (25%) or ten (10) years, whichever is less, of the sentence or sentences imposed by the trial court. For purposes of this paragraph, "nonviolent crime" means a felony not designated as a crime of violence in Section 97-3-2.
2. Violent crimes. A person who is sentenced for a violent offense as defined in Section 97-3-2, except robbery with a deadly weapon as defined in Section 97-3-79, drive-by shooting as defined in Section 97-3-109, and carjacking as defined in Section 97-3-117, shall be eligible for parole only after having served fifty percent (50%) or twenty (20) years, whichever is less, of the sentence or sentences imposed by the trial court. Those persons sentenced for robbery with a deadly weapon as defined in Section 97-3-79, drive-by shooting as defined in Section 97-3-109, and carjacking as defined in Section 97-3-117, shall be eligible for parole only after having served sixty percent (60%) or twenty-five (25) years, whichever is less, of the sentence or sentences imposed by the trial court.
3. Nonviolent and nonhabitual drug offenses. A person who has been sentenced to a drug offense pursuant to Section 41-29-139(a) through (d), whose crime was committed after June 30, 1995, shall be eligible for parole only after he has served twenty-five percent (25%) or ten (10) years, whichever is less, of the sentence or sentences imposed.
(ii) Parole hearing required. All persons eligible for parole under subparagraph (i) of this paragraph (h) who are serving a sentence or sentences for a crime of violence, as defined in Section 97-3-2, shall be required to have a parole hearing before the Parole Board pursuant to Section 47-7-17, prior to parole release.
(iii) Geriatric parole. Notwithstanding the provisions in subparagraph (i) of this paragraph (h), a person serving a sentence who has reached the age of sixty (60) or older and who has served no less than ten (10) years of the sentence or sentences imposed by the trial court shall be eligible for parole. Any person eligible for parole under this subparagraph (iii) shall be required to have a parole hearing before the board prior to parole release. No inmate shall be eligible for parole under this subparagraph (iii) of this paragraph (h) if:
1. The inmate is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87;
2. The inmate is sentenced for a crime of violence under Section 97-3-2;
3. The inmate is sentenced for an offense that specifically prohibits parole release;
4. The inmate is sentenced for trafficking in controlled substances under Section 41-29-139(f);
5. The inmate is sentenced for a sex crime; or
6. The inmate has not served one-fourth (1/4) of the sentence imposed by the court.
(iv) Parole consideration as authorized by the trial court. Notwithstanding the provisions of paragraph (a) of this subsection, any offender who has not committed a crime of violence under Section 97-3-2 and has served twenty-five percent (25%) or more of his sentence may be paroled by the State Parole Board if, after the sentencing judge or if the sentencing judge is retired, disabled or incapacitated, the senior circuit judge authorizes the offender to be eligible for parole consideration; or if the senior circuit judge must be recused, another circuit judge of the same district or a senior status judge may hear and decide the matter. A petition for parole eligibility consideration pursuant to this subparagraph (iv) shall be filed in the original criminal cause or causes, and the offender shall serve an executed copy of the petition on the District Attorney. The court may, in its discretion, require the District Attorney to respond to the petition.
(2) Notwithstanding any other provision of law, an inmate, except an inmate who has been convicted of capital murder as defined in Section 97-13-13 or who has been sentenced to death for another capital offense pursuant to Section 99-19-101, or who has been convicted of a sex offense as defined in Section 45-33-23(h), shall be eligible for parole if:
(a) The inmate has been diagnosed with a terminal illness or disease and has a life expectancy of twelve (12) months or less;
(b) The inmate is completely disabled such that he or she cannot carry out any self-care and he or she is bedridden; or
(c) The inmate is at limited self-care capacity such that he or she is bedridden at least fifty percent (50%) of waking hours.
Any offenders who are paroled pursuant to this subsection may be transitioned to an extended care facility that has the sole purpose of providing health care services for such paroled offenders or a facility that is solely devoted to providing health care services to such offenders.
(3) (a) The Department of Corrections shall provide to the State Parole Board a listing of all inmates who meet the criteria under subsection (2) of this section every thirty (30) days, regardless of whether an inmate has made such a request. The State Parole Board may request necessary documentation from the Department of Corrections and/or the state medical director at any time in order to determine the parole eligibility of any inmate pursuant to this section.
(b) The Department of Corrections or the medical director of the department shall notify the parole board of any inmate who is diagnosed with a terminal illness or disease within seventy-two (72) hours of such diagnosis.
(c) The Department of Corrections shall assist any inmate in making a request for parole eligibility if such a request is made by an inmate.
( * * *4) The State Parole Board shall, by rules
and regulations, establish a method of determining a tentative parole hearing date
for each eligible offender taken into the custody of the Department of Corrections.
The tentative parole hearing date shall be determined within ninety (90) days after
the department has assumed custody of the offender. Except as provided in Section
47-7-18, the parole hearing date shall occur when the offender is within thirty
(30) days of the month of his parole eligibility date. Any parole eligibility date
shall not be earlier than as required in this section.
( * * *5) Notwithstanding any other provision
of law, an inmate shall not be eligible to receive earned time, good time or any
other administrative reduction of time which shall reduce the time necessary to
be served for parole eligibility as provided in subsection (1) of this section.
( * * *6) Any inmate within forty-eight (48) months
of his parole eligibility date and who meets the criteria established by the classification
board shall receive priority for placement in any educational development and job-training
programs that are part of his or her parole case plan. Any inmate refusing to participate
in an educational development or job-training program, including, but not limited
to, programs required as part of the case plan, shall be in jeopardy of noncompliance
with the case plan and may be denied parole.
( * * *7) In addition to other requirements, if
an offender is convicted of a drug or driving under the influence felony, the offender
must complete a drug and alcohol rehabilitation program prior to parole, or the
offender shall be required to complete a postrelease drug and alcohol program as
a condition of parole.
( * * *8) Except as provided in subsection (1)(a)
through (h) and in subsection (2) of this section, all other persons shall
be eligible for parole after serving twenty-five percent (25%) of the sentence or
sentences imposed by the trial court, or, if sentenced to thirty (30) years or more,
after serving ten (10) years of the sentence or sentences imposed by the trial court.
( * * *9) The Corrections and Criminal Justice
Oversight Task Force established in Section 47-5-6 shall develop and submit recommendations
to the Governor and to the Legislature annually on or before December 1st concerning
issues relating to juvenile and habitual offender parole reform and to review and
monitor the implementation of Chapter 479, Laws of 2021.
( * * *10) The amendments contained in Chapter
479, Laws of 2021, shall apply retroactively from and after July 1, 1995.
( * * *11) Notwithstanding provisions to the contrary
in this section, a person who was sentenced before July 1, 2021, may be considered
for parole if the person's sentence would have been parole eligible before July
1, 2021.
( * * *12) This section shall stand repealed
on July 1, 2024.
SECTION 2. Section 47-7-4, Mississippi Code of 1972, is amended as follows:
47-7-4.
(1) The commissioner and the medical director of the department or
the State Parole Board may place an offender who has served not less than
one (1) year of his or her sentence, except an offender convicted of * * * a sex offense as defined in Section 45-33-23(h) or who
has been convicted of capital murder as defined in Section 97-13-13 or who has
been sentenced to death for another capital offense pursuant to Section 99-19-101,
may be placed on conditional medical release if:
(a) The offender has been diagnosed with a terminal illness or disease and has a life expectancy of twelve (12) months or less;
(b) The offender is completely disabled such that he or she cannot carry out any self-care and he or she is bedridden; or
(c) The offender is at limited self-care capacity such that he or she is bedridden at least fifty percent (50%) of waking hours.
(2) (a) The Department of Corrections shall provide to the State Parole Board a listing of all inmates who meet the criteria under subsection (1) of this section every thirty (30) days, regardless of whether an inmate has made such a request. The State Parole Board may request necessary documentation from the Department of Corrections and/or the state medical director at any time in order to determine whether an offender may be placed on conditional medical release pursuant to this section.
(b) The Department of Corrections or the medical director of the department shall notify the parole board of any inmate who is diagnosed with a terminal illness or disease within seventy-two (72) hours of such diagnosis.
(c) The Department of Corrections or the State Parole Board, as the case may be, shall assist any inmate in making a request for conditional medical release if such a request is made by an inmate.
Any offenders who are placed on conditional medical release pursuant to this subsection may be transitioned to an extended care facility that has the sole purpose of providing health care services for such paroled offenders or a facility that is solely devoted to providing health care services to such offenders.
(3)
Upon the release of * * * an offender * * * pursuant to this section,
the state shall not be responsible or liable for any medical costs that may be
incurred if such costs are acquired after the offender is no longer
incarcerated due to his or her placement on conditional medical release. The
commissioner or the parole board shall not place an offender on
conditional medical release unless the medical director of the department
certifies to the commissioner that (a) the offender is suffering from a * * * medical condition prescribed in
subsection (1) of this section; (b) that his or her further incarceration
will serve no rehabilitative purposes; and (c) that the state would incur
unreasonable expenses as a result of his or her continued incarceration. Any offender
placed on conditional medical release shall be supervised by the Division of
Community Corrections of the department for the remainder of his or her sentence.
An offender's conditional medical release may be revoked and the offender returned
and placed in actual custody of the department if the offender violates an
order or condition of his or her conditional medical release. An offender who
is no longer bedridden shall be returned and placed in the actual custody of
the department.
(4) The State Parole Board is authorized to approve supervised residential care facilities to be monitored by the State Parole Board and the State Department of Health. A supervised residential care facility shall house inmates who are on parole under conditional medical release. The State Board of Health shall include in the State Health Plan any supervised residential care facility designed by the State Parole Board to be funded as if included in Title 41, Chapter 13, Mississippi Code of 1972. Patients housed in a supervised residential care facility shall be eligible for Medicaid. A supervised residential care facility shall have enhanced security and may be operated as a nursing home, end-stage renal disease facility, long-term care hospital facility, assisted living facility or hospice care facility. A supervised residential care facility shall provide a standard of medical care for patients the same as if such patients were still in the custody of the Department of Corrections. The State Parole Board shall agree for the department to compensate a supervised residential care facility for enhanced security as it compensates other facilities for housing paroled inmates.
(5) (a) The State Parole Board may grant a medical parole and referral to licensed special care facilities for paroled inmates for an inmate determined to be "medically frail" as defined in this subsection.
(b) For purposes of this subsection (5), the term "medically frail" means an individual who is a minimal threat to society as a result of his or her medical condition, whose ability to perform activities of daily living is significantly impaired, and who may have limited mobility as the result of one or more of the following conditions from which the individual is not expected to recover:
(i) A disabling mental disorder, including dementia, Alzheimer's or a similar degenerative brain disorder;
(ii) A serious and complex medical condition; or
(iii) A physical disability.
(c) The following conditions apply to a parole granted under this subsection (5):
(i) An inmate who has been sentenced to capital punishment is not eligible;
(ii) An inmate who has been convicted as a criminal sex offender is not eligible;
(iii) An inmate does not pose a public safety risk as determined by the State Parole Board;
(iv) If the prisoner is incapacitated, an individual legally entitled to agree to the inmate's placement agrees to the inmate's placement in a licensed special care facility for paroled inmates or in a medical facility where medical care and treatment are determined to be appropriate for the parolee by the State Parole Board;
(v) An inmate shall agree to the release of his or her medical records that are directly relevant to the condition or conditions rendering the inmate medically frail to the prosecutor of the county from which the inmate was committed before the State Parole Board determines whether or not to grant parole under this subsection (5);
(vi) If the inmate is granted parole under this subsection (5), the inmate shall agree to the quarterly release of his or her medical records that are directly relevant to the condition or conditions rendering the inmate medically frail at the request of the prosecutor of the county from which the inmate was committed;
(vii) The parolee shall adhere to the terms of his or her parole for the length of his or her parole term, and the parole shall be for a term not less than the time necessary to reach the prisoner's earliest release date;
(viii) A parolee who violates the terms of his or her parole or is determined not to be eligible for parole under this subsection (5) may be transferred to a setting more appropriate for the medical needs of the parolee;
(ix) The Department of Corrections or the State Parole Board shall not retain authority over the medical treatment plan for the inmate granted parole under this subsection (5);
(x) The department and the State Parole Board shall ensure that the placement and terms and conditions of parole granted under this subsection (5) do not violate any other state or federal regulations;
(xi) A medical facility utilized by the department to facilitate parole under this subsection (5) shall be operated in a manner that ensures the safety of the residents of the facility.
(d) The Mississippi Department of Corrections may enter into contracts to facilitate the placement of paroled inmates under this subsection (5). The Mississippi Department of Corrections shall appoint a specialist in the appropriate field of medicine, who is not employed by the department, to evaluate the condition of the inmate considered for parole under this subsection (5) and to report on that condition to the department and the State Parole Board. The State Parole Board shall determine whether the inmate is medically frail in consultation with the Mississippi Department of Health.
SECTION 3. Section 47-7-5, Mississippi Code of 1972, is amended as follows:
47-7-5. (1) The State Parole Board, created under former Section 47-7-5, is hereby created, continued and reconstituted and shall be composed of five (5) members. The Governor shall appoint the members with the advice and consent of the Senate. All terms shall be at the will and pleasure of the Governor. Any vacancy shall be filled by the Governor, with the advice and consent of the Senate. The Governor shall appoint a chairman of the board.
(2) Any person who is appointed to serve on the board shall possess at least a bachelor's degree or a high school diploma and four (4) years' work experience. Each member shall devote his or her full time to the duties of his office and shall not engage in any other business or profession or hold any other public office. A member shall receive compensation or per diem in addition to his or her salary. Each member shall keep such hours and workdays as required of full-time state employees under Section 25-1-98. Individuals shall be appointed to serve on the board without reference to their political affiliations. Each board member, including the chairman, may be reimbursed for actual and necessary expenses as authorized by Section 25-3-41. Each member of the board shall complete annual training developed based on guidance from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association. Each first-time appointee of the board shall, within sixty (60) days of appointment, or as soon as practical, complete training for first-time Parole Board members developed in consideration of information from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association.
(3) The board shall have exclusive responsibility for the granting of parole as provided by Sections 47-7-3 and 47-7-17 and shall have exclusive authority for revocation of the same. The board shall have exclusive responsibility for investigating clemency recommendations upon request of the Governor.
(4) The board, its members and staff, shall be immune from civil liability for any official acts taken in good faith and in exercise of the board's legitimate governmental authority.
(5) The budget of the board shall be funded through a separate line item within the general appropriation bill for the support and maintenance of the department. Employees of the department which are employed by or assigned to the board shall work under the guidance and supervision of the board. There shall be an executive secretary to the board who shall be responsible for all administrative and general accounting duties related to the board. The executive secretary shall keep and preserve all records and papers pertaining to the board.
(6) The board shall have no authority or responsibility for supervision of offenders granted a release for any reason, including, but not limited to, probation, parole or executive clemency or other offenders requiring the same through interstate compact agreements. The supervision shall be provided exclusively by the staff of the Division of Community Corrections of the department.
(7) (a) The Parole Board is authorized to select and place offenders in an electronic monitoring program under the conditions and criteria imposed by the Parole Board. The conditions, restrictions and requirements of Section 47-7-17 and Sections 47-5-1001 through 47-5-1015 shall apply to the Parole Board and any offender placed in an electronic monitoring program by the Parole Board.
(b) Any offender placed in an electronic monitoring program under this subsection shall pay the program fee provided in Section 47-5-1013. The program fees shall be deposited in the special fund created in Section 47-5-1007.
(c) The department shall have absolute immunity from liability for any injury resulting from a determination by the Parole Board that an offender be placed in an electronic monitoring program.
(8) (a) The Parole Board shall maintain a central registry of paroled inmates. The Parole Board shall place the following information on the registry: name, address, photograph, crime for which paroled, the date of the end of parole or flat-time date and other information deemed necessary. The Parole Board shall immediately remove information on a parolee at the end of his parole or flat-time date.
(b) When a person is placed on parole, the Parole Board shall inform the parolee of the duty to report to the parole officer any change in address ten (10) days before changing address.
(c) The Parole Board shall utilize an internet website or other electronic means to release or publish the information.
(d) Records maintained on the registry shall be open to law enforcement agencies and the public and shall be available no later than July 1, 2003.
(9) An affirmative vote of at least four (4) members of the Parole Board shall be required to grant parole to an inmate convicted of capital murder or a sex crime.
(10) The Parole Board is authorized to place offenders on conditional medical release pursuant to Section 47-7-4.
( * * *11) This section shall stand repealed
on July 1, * * *
2026.
SECTION 4. Section 47-7-17, Mississippi Code of 1972, is amended as follows:
47-7-17. (1) Within one (1) year after his or her admission and at such intervals thereafter as it may determine, the board shall secure and consider all pertinent information regarding each offender, except any under sentence of death or otherwise ineligible for parole, including the circumstances of his or her offense, his or her previous social history, his or her previous criminal record, including any records of law enforcement agencies or of a youth court regarding that offender's juvenile criminal history, his or her conduct, employment and attitude while in the custody of the department, the case plan created to prepare the offender for parole, and the reports of such physical and mental examinations as have been made. The Parole Board may also order a psychiatric or psychological examination when it determines such examination is necessary to making a parole decision. The board shall furnish at least three (3) months' written notice to each such offender of the date on which he is eligible for parole.
(2) Except as provided in Section 47-7-18, the board shall require a parole-eligible offender to have a hearing as required in this chapter before the board and to be interviewed. The hearing shall be held no later than thirty (30) days prior to the month of eligibility. No application for parole of a person convicted of a capital offense shall be considered by the board unless and until notice of the filing of such application shall have been published at least once a week for two (2) weeks in a newspaper published in or having general circulation in the county in which the crime was committed. The board shall, within thirty (30) days prior to the scheduled hearing, also give notice of the filing of the application for parole to the victim of the offense for which the prisoner is incarcerated and being considered for parole or, in case the offense be homicide, a designee of the immediate family of the victim, provided the victim or designated family member has furnished in writing a current address to the board for such purpose. The victim or designated family member shall be provided an opportunity to be heard by the board before the board makes a decision regarding release on parole. The board shall consider whether any restitution ordered has been paid in full. Parole release shall, at the hearing, be ordered only for the best interest of society, not as an award of clemency; it shall not be considered to be a reduction of sentence or pardon. An offender shall be placed on parole only when arrangements have been made for his or her proper employment or for his or her maintenance and care, and when the board believes that he or she is able and willing to fulfill the obligations of a law-abiding citizen. When the board determines that the offender will need transitional housing upon release in order to improve the likelihood of the offender becoming a law-abiding citizen, the board may parole the offender with the condition that the inmate spends no more than six (6) months in a transitional reentry center. At least fifteen (15) days prior to the release of an offender on parole, the director of records of the department shall give the written notice which is required pursuant to Section 47-5-177. Every offender while on parole shall remain in the legal custody of the department from which he or she was released and shall be amenable to the orders of the board. Upon determination by the board that an offender is eligible for release by parole, notice shall also be given within at least fifteen (15) days before release, by the board to the victim of the offense or the victim's family member, as indicated above, regarding the date when the offender's release shall occur, provided a current address of the victim or the victim's family member has been furnished in writing to the board for such purpose.
(3) Failure to provide notice to the victim or the victim's family member of the filing of the application for parole or of any decision made by the board regarding parole shall not constitute grounds for vacating an otherwise lawful parole determination nor shall it create any right or liability, civilly or criminally, against the board or any member thereof.
(4) A letter of protest against granting an offender parole shall not be treated as the conclusive and only reason for not granting parole.
(5) The board may adopt such other rules not inconsistent with law as it may deem proper or necessary with respect to the eligibility of offenders for parole, the conduct of parole hearings, or conditions to be imposed upon parolees, including a condition that the parolee submit, as provided in Section 47-5-601 to any type of breath, saliva or urine chemical analysis test, the purpose of which is to detect the possible presence of alcohol or a substance prohibited or controlled by any law of the State of Mississippi or the United States. The board shall have the authority to adopt rules related to the placement of certain offenders on unsupervised parole and for the operation of transitional reentry centers. However, in no case shall an offender be placed on unsupervised parole before he has served a minimum of fifty percent (50%) of the period of supervised parole.
SECTION 5. The Department of Corrections is authorized to provide for hospice care services for inmates who are confined in facilities under the jurisdiction of the department and who are terminally ill as defined in Section 41-85-3. The department may have those hospice care services provided by properly qualified employees of the department or may contract for the providing of the hospice care services. If the department provides the hospice care services with department employees, the department is not required to have a license under the Mississippi Hospice Law.
SECTION 6. Section 41-85-5, Mississippi Code of 1972, is amended as follows:
41-85-5. (1) It is unlawful for a person to operate or maintain a hospice, use the title "hospice," or represent that the person provides a hospice program of care, without first obtaining a license therefor from the department.
(2) The license shall be displayed in a conspicuous place inside the hospice program office; shall be valid only in the possession of the person to which it is issued; shall not be subject to sale, assignment or other transfer, voluntary or involuntary; and shall not be valid for any hospice other than the hospice for which originally issued.
(3) Services provided by a hospital, nursing home or other health care facility or health care provider shall not be considered to constitute a hospice program of care unless such facility, provider or care giver establishes a freestanding or distinct hospice unit, staff, facility and services to provide hospice home care, homelike inpatient hospice care, or outpatient hospice care under the separate and distinct administrative authority of a hospice program.
(4) A license for a hospice program shall not be issued if the hospice is to be located in an area in violation of any local zoning ordinances or regulations.
(5) The Department of Corrections may provide hospice care services to inmates confined in facilities under the jurisdiction of the department as authorized under Section 5 of this act without a license issued under this chapter.
SECTION 7. Section 43-11-1, Mississippi Code of 1972, is amended as follows:
43-11-1. When used in this chapter, the following words shall have the following meaning:
(a)
"Institutions for the aged or infirm" means a place either
governmental or private that provides group living arrangements for four (4) or
more persons who are unrelated to the operator and who are being provided food,
shelter and personal care, whether any such place is organized or operated for
profit or not. The term "institution for the aged or infirm" includes
nursing homes, pediatric skilled nursing facilities, psychiatric residential
treatment facilities, convalescent homes, homes for the aged * * *, adult foster care facilities * * * and special care facilities for paroled inmates,
provided that these institutions fall within the scope of the definitions set
forth above. The term "institution for the aged or infirm" does not
include hospitals, clinics or mental institutions devoted primarily to
providing medical service, and does not include any private residence in which
the owner of the residence is providing personal care services to disabled or
homeless veterans under an agreement with, and in compliance with the standards
prescribed by, the United States Department of Veterans Affairs, if the owner
of the residence also provided personal care services to disabled or homeless
veterans at any time during calendar year 2008.
(b) "Person" means any individual, firm, partnership, corporation, company, association or joint-stock association, or any licensee herein or the legal successor thereof.
(c) "Personal care" means assistance rendered by personnel of the home to aged or infirm residents in performing one or more of the activities of daily living, which includes, but is not limited to, the bathing, walking, excretory functions, feeding, personal grooming and dressing of such residents.
(d) "Psychiatric residential treatment facility" means any nonhospital establishment with permanent facilities which provides a twenty-four-hour program of care by qualified therapists, including, but not limited to, duly licensed mental health professionals, psychiatrists, psychologists, psychotherapists and licensed certified social workers, for emotionally disturbed children and adolescents referred to such facility by a court, local school district or by the Department of Human Services, who are not in an acute phase of illness requiring the services of a psychiatric hospital, and are in need of such restorative treatment services. For purposes of this paragraph, the term "emotionally disturbed" means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree, which adversely affects educational performance:
1. An inability to learn which cannot be explained by intellectual, sensory or health factors;
2. An inability to build or maintain satisfactory relationships with peers and teachers;
3. Inappropriate types of behavior or feelings under normal circumstances;
4. A general pervasive mood of unhappiness or depression; or
5. A tendency to develop physical symptoms or fears associated with personal or school problems. An establishment furnishing primarily domiciliary care is not within this definition.
(e) "Pediatric skilled nursing facility" means an institution or a distinct part of an institution that is primarily engaged in providing to inpatients skilled nursing care and related services for persons under twenty-one (21) years of age who require medical or nursing care or rehabilitation services for the rehabilitation of injured, disabled or sick persons.
(f) "Licensing agency" means the State Department of Health.
(g) "Medical records" mean, without restriction, those medical histories, records, reports, summaries, diagnoses and prognoses, records of treatment and medication ordered and given, notes, entries, x-rays and other written or graphic data prepared, kept, made or maintained in institutions for the aged or infirm that pertain to residency in, or services rendered to residents of, an institution for the aged or infirm.
(h) "Adult foster care facility" means a home setting for vulnerable adults in the community who are unable to live independently due to physical, emotional, developmental or mental impairments, or in need of emergency and continuing protective social services for purposes of preventing further abuse or neglect and for safeguarding and enhancing the welfare of the abused or neglected vulnerable adult. Adult foster care programs shall be designed to meet the needs of vulnerable adults with impairments through individual plans of care, which provide a variety of health, social and related support services in a protective setting, enabling participants to live in the community. Adult foster care programs may be (i) traditional, where the foster care provider lives in the residence and is the primary caregiver to clients in the home; (ii) corporate, where the foster care home is operated by a corporation with shift staff delivering services to clients; or (iii) shelter, where the foster care home accepts clients on an emergency short-term basis for up to thirty (30) days.
(i) "Special care facilities for paroled inmates" means long-term care and skilled nursing facilities licensed as special care facilities for medically frail paroled inmates, formed to ease the burden of prison overcrowding and provide compassionate release and medical parole initiatives while impacting economic outcomes for the Mississippi Prison System. The facilities shall meet all Mississippi Department of Health and federal centers for Medicare and Medicaid Services (CMS) requirements and shall be regulated by both agencies; provided, however, such regulations shall not be as restrictive as those required for personal care homes and other institutions devoted primarily to providing medical services. The facilities will offer physical, occupational and speech therapy, nursing services, wound care, a dedicated COVID services unit, individualized patient centered plans of care, social services, spiritual services, physical activities, transportation, medication, durable medical equipment, personalized meal plans by a licensed dietician and security services. There may be up to three (3) facilities located in each Public Service Commission district, to be designated by the Chairman of the State Parole Board or his designee.
SECTION 8. Section 43-11-13, Mississippi Code of 1972, is amended as follows:
43-11-13. (1) The licensing agency shall adopt, amend, promulgate and enforce such rules, regulations and standards, including classifications, with respect to all institutions for the aged or infirm to be licensed under this chapter as may be designed to further the accomplishment of the purpose of this chapter in promoting adequate care of individuals in those institutions in the interest of public health, safety and welfare. Those rules, regulations and standards shall be adopted and promulgated by the licensing agency and shall be recorded and indexed in a book to be maintained by the licensing agency in its main office in the State of Mississippi, entitled "Rules, Regulations and Minimum Standards for Institutions for the Aged or Infirm" and the book shall be open and available to all institutions for the aged or infirm and the public generally at all reasonable times. Upon the adoption of those rules, regulations and standards, the licensing agency shall mail copies thereof to all those institutions in the state that have filed with the agency their names and addresses for this purpose, but the failure to mail the same or the failure of the institutions to receive the same shall in no way affect the validity thereof. The rules, regulations and standards may be amended by the licensing agency, from time to time, as necessary to promote the health, safety and welfare of persons living in those institutions.
(2) The licensee shall keep posted in a conspicuous place on the licensed premises all current rules, regulations and minimum standards applicable to fire protection measures as adopted by the licensing agency. The licensee shall furnish to the licensing agency at least once each six (6) months a certificate of approval and inspection by state or local fire authorities. Failure to comply with state laws and/or municipal ordinances and current rules, regulations and minimum standards as adopted by the licensing agency, relative to fire prevention measures, shall be prima facie evidence for revocation of license.
(3) The State Board of Health shall promulgate rules and regulations restricting the storage, quantity and classes of drugs allowed in personal care homes and adult foster care facilities. Residents requiring administration of Schedule II Narcotics as defined in the Uniform Controlled Substances Law may be admitted to a personal care home. Schedule drugs may only be allowed in a personal care home if they are administered or stored utilizing proper procedures under the direct supervision of a licensed physician or nurse.
(4) (a) Notwithstanding any determination by the licensing agency that skilled nursing services would be appropriate for a resident of a personal care home, that resident, the resident's guardian or the legally recognized responsible party for the resident may consent in writing for the resident to continue to reside in the personal care home, if approved in writing by a licensed physician. However, no personal care home shall allow more than two (2) residents, or ten percent (10%) of the total number of residents in the facility, whichever is greater, to remain in the personal care home under the provisions of this subsection (4). This consent shall be deemed to be appropriately informed consent as described in the regulations promulgated by the licensing agency. After that written consent has been obtained, the resident shall have the right to continue to reside in the personal care home for as long as the resident meets the other conditions for residing in the personal care home. A copy of the written consent and the physician's approval shall be forwarded by the personal care home to the licensing agency.
(b) The State Board of Health shall promulgate rules and regulations restricting the handling of a resident's personal deposits by the director of a personal care home. Any funds given or provided for the purpose of supplying extra comforts, conveniences or services to any resident in any personal care home, and any funds otherwise received and held from, for or on behalf of any such resident, shall be deposited by the director or other proper officer of the personal care home to the credit of that resident in an account that shall be known as the Resident's Personal Deposit Fund. No more than one (1) month's charge for the care, support, maintenance and medical attention of the resident shall be applied from the account at any one time. After the death, discharge or transfer of any resident for whose benefit any such fund has been provided, any unexpended balance remaining in his personal deposit fund shall be applied for the payment of care, cost of support, maintenance and medical attention that is accrued. If any unexpended balance remains in that resident's personal deposit fund after complete reimbursement has been made for payment of care, support, maintenance and medical attention, and the director or other proper officer of the personal care home has been or shall be unable to locate the person or persons entitled to the unexpended balance, the director or other proper officer may, after the lapse of one (1) year from the date of that death, discharge or transfer, deposit the unexpended balance to the credit of the personal care home's operating fund.
(c) The State Board of Health shall promulgate rules and regulations requiring personal care homes to maintain records relating to health condition, medicine dispensed and administered, and any reaction to that medicine. The director of the personal care home shall be responsible for explaining the availability of those records to the family of the resident at any time upon reasonable request.
(5) The State Board of Health and the Mississippi Department of Corrections shall jointly issue rules and regulations for the operation of the special care facilities for paroled inmates.
( * * *6) (a) For the purposes of this subsection
( * * *6):
(i) "Licensed entity" means a hospital, nursing home, personal care home, home health agency, hospice or adult foster care facility;
(ii) "Covered entity" means a licensed entity or a health care professional staffing agency;
(iii) "Employee" means any individual employed by a covered entity, and also includes any individual who by contract provides to the patients, residents or clients being served by the covered entity direct, hands-on, medical patient care in a patient's, resident's or client's room or in treatment or recovery rooms. The term "employee" does not include health care professional/vocational technical students performing clinical training in a licensed entity under contracts between their schools and the licensed entity, and does not include students at high schools located in Mississippi who observe the treatment and care of patients in a licensed entity as part of the requirements of an allied-health course taught in the high school, if:
1. The student is under the supervision of a licensed health care provider; and
2.
The student has signed an affidavit that is on file at the student's school
stating that he or she has not been convicted of or pleaded guilty or nolo
contendere to a felony listed in paragraph (d) of this subsection ( * * *6), or that any such conviction or plea
was reversed on appeal or a pardon was granted for the conviction or plea.
Before any student may sign such an affidavit, the student's school shall
provide information to the student explaining what a felony is and the nature
of the felonies listed in paragraph (d) of this subsection ( * * *6).
However,
the health care professional/vocational technical academic program in which the
student is enrolled may require the student to obtain criminal history record checks.
In such incidences, paragraph (a)(iii)1 and 2 of this subsection ( * * *6) does not preclude the licensing
entity from processing submitted fingerprints of students from healthcare-related
professional/vocational technical programs who, as part of their program of
study, conduct observations and provide clinical care and services in a covered
entity.
(b) Under regulations promulgated by the State Board of Health, the licensing agency shall require to be performed a criminal history record check on (i) every new employee of a covered entity who provides direct patient care or services and who is employed on or after July 1, 2003, and (ii) every employee of a covered entity employed before July 1, 2003, who has a documented disciplinary action by his or her present employer. In addition, the licensing agency shall require the covered entity to perform a disciplinary check with the professional licensing agency of each employee, if any, to determine if any disciplinary action has been taken against the employee by that agency.
Except
as otherwise provided in paragraph (c) of this subsection ( * * *6), no such employee hired on or after
July 1, 2003, shall be permitted to provide direct patient care until the results
of the criminal history record check have revealed no disqualifying record or
the employee has been granted a waiver. In order to determine the employee
applicant's suitability for employment, the applicant shall be fingerprinted. Fingerprints
shall be submitted to the licensing agency from scanning, with the results
processed through the Department of Public Safety's Criminal Information
Center. The fingerprints shall then be forwarded by the Department of Public
Safety to the Federal Bureau of Investigation for a national criminal history
record check. The licensing agency shall notify the covered entity of the
results of an employee applicant's criminal history record check. If the
criminal history record check discloses a felony conviction, guilty plea or
plea of nolo contendere to a felony of possession or sale of drugs, murder,
manslaughter, armed robbery, rape, sexual battery, sex offense listed in
Section 45-33-23(h), child abuse, arson, grand larceny, burglary, gratification
of lust or aggravated assault, or felonious abuse and/or battery of a
vulnerable adult that has not been reversed on appeal or for which a pardon has
not been granted, the employee applicant shall not be eligible to be employed by
the covered entity.
(c)
Any such new employee applicant may, however, be employed on a temporary basis
pending the results of the criminal history record check, but any employment
contract with the new employee shall be voidable if the new employee receives a
disqualifying criminal history record check and no waiver is granted as provided
in this subsection ( * * *6).
(d) Under regulations promulgated by the State Board of Health, the licensing agency shall require every employee of a covered entity employed before July 1, 2003, to sign an affidavit stating that he or she has not been convicted of or pleaded guilty or nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, any sex offense listed in Section 45-33-23(h), child abuse, arson, grand larceny, burglary, gratification of lust, aggravated assault, or felonious abuse and/or battery of a vulnerable adult, or that any such conviction or plea was reversed on appeal or a pardon was granted for the conviction or plea. No such employee of a covered entity hired before July 1, 2003, shall be permitted to provide direct patient care until the employee has signed the affidavit required by this paragraph (d). All such existing employees of covered entities must sign the affidavit required by this paragraph (d) within six (6) months of the final adoption of the regulations promulgated by the State Board of Health. If a person signs the affidavit required by this paragraph (d), and it is later determined that the person actually had been convicted of or pleaded guilty or nolo contendere to any of the offenses listed in this paragraph (d) and the conviction or plea has not been reversed on appeal or a pardon has not been granted for the conviction or plea, the person is guilty of perjury. If the offense that the person was convicted of or pleaded guilty or nolo contendere to was a violent offense, the person, upon a conviction of perjury under this paragraph, shall be punished as provided in Section 97-9-61. If the offense that the person was convicted of or pleaded guilty or nolo contendere to was a nonviolent offense, the person, upon a conviction of perjury under this paragraph, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.
(e)
The covered entity may, in its discretion, allow any employee who is unable to
sign the affidavit required by paragraph (d) of this subsection ( * * *6) or any employee applicant aggrieved
by an employment decision under this subsection ( * * *6) to appear before the covered entity's
hiring officer, or his or her designee, to show mitigating circumstances that
may exist and allow the employee or employee applicant to be employed by the
covered entity. The covered entity, upon report and recommendation of the
hiring officer, may grant waivers for those mitigating circumstances, which
shall include, but not be limited to: (i) age at which the crime was
committed; (ii) circumstances surrounding the crime; (iii) length of time since
the conviction and criminal history since the conviction; (iv) work history;
(v) current employment and character references; and (vi) other evidence demonstrating
the ability of the individual to perform the employment responsibilities
competently and that the individual does not pose a threat to the health or
safety of the patients of the covered entity.
(f)
The licensing agency may charge the covered entity submitting the fingerprints
a fee not to exceed Fifty Dollars ($50.00), which covered entity may, in its
discretion, charge the same fee, or a portion thereof, to the employee
applicant. Any increase in the fee charged by the licensing agency under this
paragraph shall be in accordance with the provisions of Section 41-3-65. Any
costs incurred by a covered entity implementing this subsection ( * * *6) shall be reimbursed as an allowable
cost under Section 43-13-116.
(g)
If the results of an employee applicant's criminal history record check reveals
no disqualifying event, then the covered entity shall, within two (2) weeks of
the notification of no disqualifying event, provide the employee applicant with
a notarized letter signed by the chief executive officer of the covered entity,
or his or her authorized designee, confirming the employee applicant's
suitability for employment based on his or her criminal history record check.
An employee applicant may use that letter for a period of two (2) years from
the date of the letter to seek employment with any covered entity without the
necessity of an additional criminal history record check. Any covered entity
presented with the letter may rely on the letter with respect to an employee applicant's
criminal background and is not required for a period of two (2) years from the
date of the letter to conduct or have conducted a criminal history record check
as required in this subsection ( * * *6).
(h)
The licensing agency, the covered entity, and their agents, officers,
employees, attorneys and representatives, shall be presumed to be acting in
good faith for any employment decision or action taken under this subsection ( * * *6). The presumption of good faith may
be overcome by a preponderance of the evidence in any civil action. No
licensing agency, covered entity, nor their agents, officers, employees,
attorneys and representatives shall be held liable in any employment decision
or action based in whole or in part on compliance with or attempts to comply
with the requirements of this subsection ( * * *6).
(i)
The licensing agency shall promulgate regulations to implement this subsection
( * * *6).
(j)
The provisions of this subsection ( * * *6) shall not apply to:
(i) Applicants and employees of the University of Mississippi Medical Center for whom criminal history record checks and fingerprinting are obtained in accordance with Section 37-115-41; or
(ii) Health care professional/vocational technical students for whom criminal history record checks and fingerprinting are obtained in accordance with Section 37-29-232.
( * * *7) The State Board of Health shall
promulgate rules, regulations and standards regarding the operation of adult
foster care facilities.
SECTION 9. Section 47-5-28, Mississippi Code of 1972, is amended as follows:
47-5-28. The commissioner shall have the following powers and duties:
(a) To implement and administer laws and policy relating to corrections and coordinate the efforts of the department with those of the federal government and other state departments and agencies, county governments, municipal governments, and private agencies concerned with providing offender services;
(b) To establish standards, in cooperation with other state agencies having responsibility as provided by law, provide technical assistance, and exercise the requisite supervision as it relates to correctional programs over all state-supported adult correctional facilities and community-based programs;
(c) To promulgate and publish such rules, regulations and policies of the department as are needed for the efficient government and maintenance of all facilities and programs in accord insofar as possible with currently accepted standards of adult offender care and treatment;
(d)
To provide the Parole Board with suitable and sufficient office space and
support resources and staff necessary to * * * conduct Parole Board business
under the guidance of the Chairman of the Parole Board;
(e) To contract for transitional reentry center beds that will be used as noncorrections housing for offenders released from the department on parole, probation or post-release supervision but do not have appropriate housing available upon release. At least one hundred (100) but no more than eight hundred (800) transitional reentry center beds contracted by the department and chosen by the Parole Board shall be available for the Parole Board to place parolees without appropriate housing;
(f) To designate deputy commissioners while performing their officially assigned duties relating to the custody, control, transportation, recapture or arrest of any offender within the jurisdiction of the department or any offender of any jail, penitentiary, public workhouse or overnight lockup of the state or any political subdivision thereof not within the jurisdiction of the department, to the status of peace officers anywhere in the state in any matter relating to the custody, control, transportation or recapture of such offender, and shall have the status of law enforcement officers and peace officers as contemplated by Sections 45-6-3, 97-3-7 and 97-3-19.
For
the purpose of administration and enforcement of this chapter, deputy
commissioners of the Mississippi Department of Corrections, who are certified
by the Mississippi Board on Law Enforcement Officer Standards and Training,
have the powers of a law enforcement officer of this state. Such powers shall
include to make arrests and to serve and execute search warrants and other valid
legal process anywhere within the State of Mississippi while performing their officially
assigned duties relating to the custody, control, transportation, recapture or
arrest of any offender within the jurisdiction of the department or any offender
of any jail, penitentiary, public workhouse or overnight lockup of the state or
any political subdivision thereof not within the jurisdiction of the department
in any matter relating to the custody, control, transportation or recapture of
such offender * * *;
(g) To make an annual report to the Governor and the Legislature reflecting the activities of the department and make recommendations for improvement of the services to be performed by the department;
(h) To cooperate fully with periodic independent internal investigations of the department and to file the report with the Governor and the Legislature;
(i)
To make personnel actions for a period of one (1) year beginning July 1, 2016,
that are exempt from State Personnel Board rules, regulations and procedures in
order to give the commissioner flexibility in making an orderly, effective and
timely reorganization and realignment of the department; * * *
(j) To contract with licensed special care facilities for paroled inmates to provide authorized medical services and support services for medically frail inmates who have been paroled and committed to the custody of such facility; and
( * * *k) To perform such other duties
necessary to effectively and efficiently carry out the purposes of the department
as may be directed by the Governor.
SECTION 10. The following shall be codified as Section 43-13-117.6, Mississippi Code of 1972:
43-13-117.6. (1) The Division of Medicaid may apply to the federal centers for Medicare and Medicaid Services (CMS) for necessary waivers to provide federal funding under the Medicaid program for providing reimbursement for authorized services to medically frail inmates who qualify for nursing home-level care and who the state deems are not public safety risks, provided through a Special Care Facility for Paroled Inmates licensed by the State Department of Health under contract with the Mississippi Department of Corrections, as specifically authorized under this act.
(2) The program for paroled inmates shall be funded from monies that are appropriated or otherwise made available to the division specifically to cover the cost of the paroled inmate program and shall not be a part of the division's regular appropriation for the operation of the federal-state Medicaid program. This program shall be a separate program within the Division of Medicaid as the administering agent.
SECTION 11. This act shall take effect and be in force from and after July 1, 2022.