House Amendments to Senate Bill No. 3039
TO THE SECRETARY OF THE SENATE:
THIS IS TO INFORM YOU THAT THE HOUSE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:
AMENDMENT NO. 1
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the support and maintenance of the Mississippi Department of Corrections for the fiscal year beginning July 1, 2024, and ending June 30, 2025..........................
............................................ $ 405,456,382.00.
SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the special fund in the State Treasury to the credit of the Mississippi Department of Corrections which is collected by or otherwise becomes available for the purpose of defraying the expenses of the department, for the fiscal year beginning July 1, 2024, and ending June 30, 2025 $ 27,115,310.00.
SECTION 3. Of the funds appropriated under the provisions of Sections 1 and 2 of this act, not more than the amounts set forth below shall be expended:
CENTRAL OFFICE
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds............................ $ 28,241,103.00
Special Funds............................. 5,630,767.00
Total............................... $ 33,871,870.00
AUTHORIZED HEADCOUNT:
Permanent: 184
Time-Limited: 8
FARMING OPERATIONS
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds............................ $ 0.00
Special Funds............................. 2,581,638.00
Total............................... $ 2,581,638.00
AUTHORIZED HEADCOUNT:
Permanent: 4
Time-Limited: 0
PAROLE BOARD
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds............................ $ 772,905.00
Special Funds............................. 0.00
Total............................... $ 772,905.00
AUTHORIZED HEADCOUNT:
Permanent: 8
Time-Limited: 0
PRIVATE PRISONS
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds............................ $ 67,382,634.00
Special Funds............................. 0.00
Total............................... $ 67,382,634.00
AUTHORIZED HEADCOUNT:
Permanent: 0
Time-Limited: 0
MEDICAL SERVICES
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds............................ $ 97,510,519.00
Special Funds............................. 375,447.00
Total............................... $ 97,885,966.00
AUTHORIZED HEADCOUNT:
Permanent: 1
Time-Limited: 2
REGIONAL FACILITIES
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds............................ $ 48,234,109.00
Special Funds............................. 0.00
Total............................... $ 48,234,109.00
AUTHORIZED HEADCOUNT:
Permanent: 0
Time-Limited: 0
COMMUNITY CORRECTIONS
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds............................ $ 25,350,993.00
Special Funds............................. 12,974,773.00
Total............................... $ 38,325,766.00
AUTHORIZED HEADCOUNT:
Permanent: 513
Time-Limited: 83
LOCAL CONFINEMENT
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds............................ $ 10,064,537.00
Special Funds............................. 0.00
Total............................... $ 10,064,537.00
AUTHORIZED HEADCOUNT:
Permanent: 0
Time-Limited: 0
CENTRAL MISSISSIPPI CORRECTIONAL
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds............................ $ 34,473,223.00
Special Funds............................. 1,577,890.00
Total............................... $ 36,051,113.00
AUTHORIZED HEADCOUNT:
Permanent: 622
Time-Limited: 5
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds............................ $ 38,531,759.00
Special Funds............................. 2,477,526.00
Total............................... $ 41,009,285.00
AUTHORIZED HEADCOUNT:
Permanent: 628
Time-Limited: 9
SOUTH MISSISSIPPI CORRECTIONAL
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds............................ $ 26,164,722.00
Special Funds............................. 1,497,269.00
Total............................... $ 27,661,991.00
AUTHORIZED HEADCOUNT:
Permanent: 495
Time-Limited: 4
Marshall County Correctional
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds............................ $ 11,563,145.00
Special Funds............................. 0.00
Total............................... $ 11,563,145.00
AUTHORIZED HEADCOUNT:
Permanent: 153
Time-Limited: 0
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds............................ $ 11,324,396.00
Special Funds............................. 0.00
Total............................... $ 11,324,396.00
AUTHORIZED HEADCOUNT:
Permanent: 170
Time-Limited: 0
Delta Correctional
Of the funds appropriated under the provisions of this act, the following funding and positions are authorized:
FUNDING:
General Funds............................ $ 5,842,337.00
Special Funds............................. 0.00
Total............................... $ 5,842,337.00
AUTHORIZED HEADCOUNT:
Permanent: 122
Time-Limited: 0
With the funds herein appropriated, it shall be the agency's responsibility to make certain that funds required for Personal Services for Fiscal Year 2026 do not exceed Fiscal Year 2025 funds appropriated for that purpose unless programs or positions are added to the agency's Fiscal Year 2025 budget by the Mississippi Legislature. The Legislature shall determine the agency's personal services appropriation, which the State Personnel Board shall publish. In accordance with applicable laws, if an agency determines that its personal services amount is insufficient, the agency must contact the State Personnel Board. Any adjustment to the personal services amount must be approved by the State Personnel Director and the State Fiscal Officer after consultation with the Legislative Budget Office. Any adjustment shall be reported to the Legislative Budget Office and the House and Senate Appropriations Chairmen. The agency's personal services appropriation may consist of restricted funds for approved vacancies for Fiscal Year 2025 that may not be utilized for active Fiscal Year 2024 headcount. It shall be the agency's responsibility to ensure that the funds provided for vacancies are used to increase headcount and not for promotions, title changes, in-range salary adjustments, or any other mechanism for increasing salaries for current employees. If the State Personnel Board determines that an agency has used provided vacancy funds for any of the mechanisms previously listed, the State Personnel Board shall not process any additional salary actions for the agency in the current fiscal year, except for new hires determined by the State Personnel Board to be essential for the agency. It is the Legislature's intention that no employee salary falls below the minimum salary established by the Mississippi State Personnel Board.
Additionally, the State Personnel Board shall determine and publish the projected annualized payroll costs based on current employees. It shall be the responsibility of the agency head to ensure that actual personnel expenditures for Fiscal Year 2025 do not exceed the data provided by the Legislative Budget Office. If the agency's projected cost for Fiscal Year 2025 exceeds the annualized costs, no salary actions shall be processed by the State Personnel Board except for new hires determined to be essential for the agency.
Any transfers or escalations shall be made in accordance with the terms, conditions, and procedures established by law or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.
No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.
None of the funds herein appropriated shall be used in violation of the Internal Revenue Service's Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.
SECTION 4. The Commissioner of the Mississippi Department of Corrections is hereby authorized to transfer spending authority between and within budgets, both positions and funds, in an amount not to exceed twenty-five percent (25%) of the authorized budgets in the aggregate. It is further the intention of the Legislature that the Department of Corrections shall submit written justification for the transfer to the Legislative Budget Office and the Department of Finance and Administration on or before the fifteenth of the month prior to the effective date of the transfer. The department shall provide a report of all transfers made under this section to the Chairmen of Senate and House Appropriations and Corrections Committees and the Legislative Budget Office by December 15 of each fiscal year which shall contain the required information from the previous and current fiscal years.
SECTION 5. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:
FY2025
Performance Measures Target
General Administration
Support as a Percent of Total Budget 10.00
Number of state prisoners per 100,000
population (includes only inmates
sentenced to more than a year) 656
Average annual incarceration cost per inmate 53.26
Percentage of offenders returning to
incarceration with 3 years of release 34.60
Farming Operations
Annual Income from Farm Sales 1,354,805.00
Parole Board
Number of inmates paroled 4,000
Private Prisons
Number of ABE program slots available 397
Number of VOC-ED program slots available 147
Number of A&D program slots available 148
Medical Services
Number of total inmate days in a hospital 5,247
Regional Facilities
Number of ABE program slots available 495
Number of VOC-ED program slots available 700
Number of A&D program slots available 445
Probation/parole
Recidivism rate within 12 months of
release to field supervision 10.50
Recidivism rate within 36 months of
release to field supervision 17.00
Community Work Centers
Recidivism rate within 12 months of release 10.30
Recidivism rate within 36 months of release 20.00
Restitution Centers
Recidivism rate within 12 months 10.30
Recidivism rate within 36 months 17.00
Local Confinement
Number of days offenders held in county
jails 381,425
Institutional Security
Number of assaults on inmates per 100
inmates 3.60
Number of assaults on officers per 100
officers 3.80
Youthful Offender School
Recidivism rate within 12 months of release 21.00
Recidivism rate within 36 months of release 45.00
Evidenced Based Intervention
Recidivism rate for inmates who complete
the ABE program 29.70
Recidivism rate for inmates who complete
a vocational program 12.60
Recidivism rate for inmates who complete
the A&D program 31.30
Percent of offenders possessing GED
certificate or high school diploma at
time of release 59.60
Percent of offenders obtaining
marketable job skills during
incarceration 5.80
A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2026.
SECTION 6. Of the funds appropriated in Sections 1 and 2 of this act, none shall be expended for personnel housing under the jurisdiction of the Department of Corrections unless the department shall collect a reasonable rent, after a finding of fact as to what is a reasonable rent, and/or the cost of utilities furnished to said housing. The Department of Corrections shall not pay for the installation or monthly service of any telephone installed in a staff residence under its jurisdiction.
It is further the intention of the Legislature that none of the funds provided herein shall be used to pay certain utilities for state-furnished housing for any employees. Such utilities shall include electricity, natural gas, butane, propane and cable services. Where actual cost cannot be determined, the agency shall be required to provide meters to be in compliance with legislative intent. Such state-furnished housing shall include single-family and multifamily residences but shall not include any dormitory residences. Allowances for such utilities shall be prohibited.
SECTION 7. Of the funds appropriated in Sections 1 and 2 of this act, and authorized for expenditure in Section 3 of this act, payment may be authorized for court-ordered attorney fees and any accrued interest subject to the approval of the Office of the Attorney General.
SECTION 8. None of the money herein appropriated shall be paid to any person who by the provision of Section 47-5-47, Mississippi Code of 1972, as amended, is prohibited from being an employee of the Mississippi Department of Corrections. The State Department of Finance and Administration shall at least annually make a report to the Joint Legislative Committee on Performance Evaluation and Expenditure Review and to the Attorney General stating the name of any person prohibited under the provisions of Section 47-5-47, Mississippi Code of 1972, as amended, from being an employee of the Mississippi Department of Corrections who has during the preceding year received any money herein appropriated. In the event that any such person prohibited as hereinabove provided from receiving funds herein appropriated should receive any of said funds, the Attorney General shall immediately commence action to recover the monies so paid to said person and to enjoin the further employment of said person at the Mississippi Department of Corrections.
SECTION 9. It is the intent of the Legislature that all prisoners at Parchman shall work a minimum of eight (8) hours per day, excluding prisoners with a physical disability or those incarcerated in maximum security.
SECTION 10. It is the intention of the Legislature that the per diem rates paid to regional facilities shall not exceed Thirty-two Dollars and Seventy-one Cents ($32.71) per inmate. All regional facilities shall continue to receive the annual three percent (3%) increase in the per diem rate as authorized in Section 47-5-933, Mississippi Code of 1972; however, in no event shall any regional facility's per diem rate exceed Thirty-two Dollars and Seventy-one Cents ($32.71) per inmate.
SECTION 11. 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 a 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. This limitation applies to all medical care services, durable and nondurable goods, prescription drugs and medications provided to any and all incarcerated persons outside of the correctional or detention facility. None of the monies appropriated herein may be used to pay for cosmetic medical procedures for any prisoner. Cosmetic medical procedure means any medical procedure performed in order to change an individual's appearance without significantly serving to prevent or treat illness or disease or to promote proper functioning of the body.
SECTION 12. It is the intention of the Legislature that the Mississippi Department of Corrections shall provide a report on all funds clawed back due to a company or individual not meeting the contractual obligations to the department. This report shall contain the name of the entity, the reason why the funds were clawed back, the amount of funds clawed back, and how the department utilized the funds received. As used in this section, the term funds clawed back shall include direct receipt of funds from an entity not meeting their contractual obligation and the reduction of funds owed by the department to an entity due to the entity not meeting their contractual obligation. The report shall be provided to the Chairmen of Senate and House Appropriations and Corrections Committees and the Legislative Budget Office by December 15 of each fiscal year and shall contain the required information from the previous and current fiscal years.
SECTION 13. It is the intention of the Legislature that the Commissioner of the Mississippi Department of Corrections shall have the authority to transfer cash from one special fund treasury fund to another special fund treasury fund under the control of the Department of Corrections. The purpose of this authority is to more efficiently use available cash reserves. It is further the intention of the Legislature that the Department of Corrections shall submit written justification for the transfer to the Legislative Budget Office and the Department of Finance and Administration on or before the fifteenth of the month prior to the effective date of the transfer. The department shall provide a report of all transfers made under this section to the Chairmen of Senate and House Appropriations and Corrections Committees and the Legislative Budget Office by December 15 of each fiscal year which shall contain the required information from the previous and current fiscal years.
SECTION 14. It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference. A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.
SECTION 15. It is the intention of the Legislature that all funds held by the Inmate Welfare Fund, as created in Section 47-5-158, Mississippi Code of 1972, be placed in a treasury fund. Of the amounts appropriated in Section 2, an amount not exceeding Seven Million Dollars ($7,000,000.00) shall be available for expenditure in the Inmate Welfare Fund. Of these funds, Five Hundred Thousand Dollars ($500,000.00) shall be used to provide for transitional housing and post release reentry programs.
SECTION 16. It is the intention of the Legislature that all funds held by the Inmate Incentive to Work Program Fund, as created in Section 47-5-371, Mississippi Code of 1972, be placed in a treasury fund. Of the amounts appropriated in Section 2, an amount not exceeding One Million Dollars ($1,000,000.00) shall be available for expenditure in the Inmate Incentive to Work Program Fund. The following funds shall be utilized to pay inmates who are participants in the Inmate Incentive to Work Program.
SECTION 17. It is the intention of the Legislature that the Mississippi Department of Corrections shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2024. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2026 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2025 budget request process.
SECTION 18. It is the intention of the Legislature for the Mississippi Department of Corrections to manage funds budgeted and allocated. In so doing, the commissioner of the department shall have the authority to amend, extend and/or renew the term of any lease agreement or any inmate housing agreement in connection with a correctional facility. Notwithstanding any statutory limits to the contrary, such amendment, extension and/or renewal may be for a length of time up to and including ten (10) years as is necessary for the continued operations of such facilities and implementation of the department's duties and responsibilities in accordance with Title 47 of the Mississippi Code of 1972, as amended.
SECTION 19. With the funds herein appropriated, it is the intent of the Legislature that 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 as provided for in Section 47-5-901, Mississippi Code of 1972, as amended by House Bill No. 585, 2014 Regular Session.
SECTION 20. With the funds herein appropriated, it is the intent of the Legislature, that for Fiscal Year 2025, the Department of Corrections shall reimburse municipalities, up to Twenty Dollars ($20.00) a day, for the cost incurred of housing inmates in any jail facility based on time served for the conviction of larceny, shoplifting, or related convictions where the value of the property taken is Five Hundred Dollars ($500.00) or more but is equal to or less than One Thousand Dollars ($1,000.00). A copy of the court abstract of record and the jail docket shall be provided to show the total number of days an individual was incarcerated in said jail facility. The reimbursement shall be payable back to the municipality upon receipt of required documentation and an invoice. Total reimbursements resulting from this section shall not exceed One Hundred Twenty-five Thousand Dollars ($125,000.00).
SECTION 21. Of the funds appropriated under the provisions of Section 2, funds may be expended to defray the costs of clothing for sworn nonuniform law enforcement officers in an amount not to exceed One Thousand Dollars ($1,000.00) annually per officer.
SECTION 22. Of the funds appropriated in Section 1, it is the intention of the Legislature that Five Hundred Ten Thousand Two Hundred Sixty-one Dollars ($510,261.00) shall be allocated to Victim's Notification Programs supported by General Fund court assessments.
SECTION 23. With the funds appropriated herein, the Department of Corrections is authorized to make payments for expenses incurred during prior fiscal years for an amount not to exceed One Million Two Hundred Sixty-seven Thousand Four Dollars and Twenty-three Cents ($1,267,004.23). For any medical expenses authorized to be paid within this section, the amount paid shall not be greater than the reimbursement rate applicable based on the Mississippi Medicaid reimbursement rate for these services.
SECTION 24. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law.
SECTION 25. This act shall take effect and be in force from and after July 1, 2024, and shall stand repealed from and after June 29, 2024.
HR13\SB3039A.J
Andrew Ketchings
Clerk of the House of Representatives