MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Corrections; Appropriations
By: Senator(s) Sparks, Tate, McMahan, DeLano, McCaughn, Younger, Moran, McLendon, England, Thompson, Blackwell, Suber, Boyd, Whaley, Seymour, Williams, Barrett, Chism
AN ACT TO AMEND SECTION 47-5-909, MISSISSIPPI CODE OF 1972, TO EXPEDITE THE REMOVAL OF INMATES FROM COUNTY JAILS BY DIRECTING THE DEPARTMENT OF CORRECTIONS TO PAY COUNTY JAILS FOR HOUSING STATE OFFENDERS; TO AMEND SECTION 99-19-42, MISSISSIPPI CODE OF 1972, TO INCREASE THE RATE OF PAY FOR HOUSING STATE OFFENDERS IN COUNTY JAILS; TO AMEND SECTION 47-5-901 TO CONFORM; 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 or the county of request of a sheriff or board of supervisors outside the county of conviction. 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-five Dollars
($25.00) per day per offender, except as authorized in Section 47-5-909(2).
(3) (a) 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-five Dollars
($25.00) per day per offender, except as authorized in Section 47-5-909(2),
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 or five (5) days after the sentencing
order is sent, in writing, by such county to the department, whichever is
earlier, and will terminate on the date on which the offender is released
or otherwise removed from the custody of the county jail. 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. The board of supervisors of any
county shall not be liable for any cost associated with medical attention for
prisoners who are pretrial detainees or for prisoners who have been convicted
that exceeds the Mississippi Medicaid reimbursement rate or the reimbursement
provided by the Department of Corrections, whichever is greater. 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, 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 47-5-909, Mississippi Code of 1972, is amended as follows:
47-5-909. (1) It is the policy of the Legislature that all inmates be removed from county jails as early as practicable. Sections 47-5-901 through 47-5-907 are temporary measures to help alleviate the immediate operating capacity limitations at correctional facilities and are not permanent measures to be included in the long-term operating capacity of the correctional system.
(2) Notwithstanding any other provision of law, to expedite the removal of inmates from county jails as early as practicable, absent a contract negotiated between the Department of Corrections and the county jail, the Department of Corrections shall pay county jails for housing state offenders out of any available funds as follows:
(a) Twenty-five Dollars ($25.00) per day per offender for days one (1) through thirty (30);
(b) Thirty-two Dollars and Seventy-one Cents ($32.71) per day per offender for days thirty-one (31) or greater when:
(i) An offender remains in the county jail after the Department of Corrections receives a certified copy of the sentencing order or five (5) days after the sentencing order is sent, in writing, by such county to the Department of Corrections, whichever is earlier; or
(ii) An offender remains in the county jail after being revoked from parole or probation or is sentenced to a technical violation center.
(3) The Department of Corrections is additionally responsible for all medical costs related to offenders housed at county jails under subsection (2) of this section.
SECTION 3. Section 99-19-42, Mississippi Code of 1972, is amended as follows:
99-19-42. Any offender in the custody of the
Department of Corrections who is summoned to a county by court order for any
post-conviction proceeding shall have such proceeding heard during the term of
court in which the offender is returned to the custody of a county. If the
offender’s case is not heard during such term of court, the offender shall be
returned to the facility of the Department of Corrections from which he was
summoned. If the offender is not returned within one (1) week of the end of the
term of court, the county housing the offender shall not receive the * * * Twenty-five Dollars
($25.00) allowed under Section 47-5-901, except as authorized in Section
47-5-909(2), for housing state offenders after the one-week time period
required for returning the offender to the Department of Corrections.
SECTION 4. This act shall take effect and be in force from and after July 1, 2023.