House Bill 1001

(COMMITTEE SUBSTITUTE)

AN ACT TO CREATE THE "MISSISSIPPI INMATE LABOR ACCOUNTABILITY AND REHABILITATION ACT"; TO DEFINE CERTAIN TERMS; TO AUTHORIZE THE COMMISSIONER OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS, TO ALLOW THE SALE OF ALL GOODS, WARES, SERVICES OR MERCHANDISE MANUFACTURED BY INMATES TO BE SOLD IN A CERTAIN MANNER; TO REQUIRE THE PROCEEDS FROM THE SALE SHALL BE ALLOCATED IN A CERTAIN MANNER; TO REQUIRE THE COMMISSIONER OF THE DEPARTMENT TO ESTABLISH AN OVERSIGHT COMMITTEE TO REVIEW AND APPROVE THE TYPES OF GOODS AND SERVICES PRODUCED AND SOLD BY INMATES; TO REQUIRE CERTAIN REPORTING OF THE DEPARTMENT CONCERNING GOODS AND SERVICES SOLD BY INMATES; TO REQUIRE THE DEPARTMENT TO PROVIDE CERTAIN EDUCATIONAL PROGRAMS AND FINANCIAL LITERACY TRAINING TO INMATES; AND FOR RELATED PURPOSES.

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

SECTION 1. Short Title.

This act shall be known and may be cited as the "Mississippi Inmate Labor Accountability and Rehabilitation Act."

SECTION 2. Findings and Purpose.

(1) The Legislature recognizes the importance of providing inmates with opportunities for productive work while also ensuring that the proceeds from such work support their rehabilitation and financial obligations.

(2) This act aims to regulate the sale of goods and services produced by inmates in a manner that is consistent with their rehabilitation needs and responsibilities.

SECTION 3. Definitions.

For purposes of this act, the following words and phrases shall have the meanings ascribed unless the context clearly requires otherwise:

(a) "Commissioner" means the Commissioner of the Mississippi Department of Corrections.

(b) "Corporation" means the Mississippi Prison Industries Corporation.

(d) "Goods and services" means any products or services manufactured, mined, or provided by inmates.

(e) "Inmate" means any person incarcerated in the Mississippi Department of Corrections.

(f) "Rehabilitation needs" means the financial obligations and responsibilities of inmates, including fines, restitution fees, technical violation fees, and repayment of entitlement benefits such as child support.

SECTION 4. Regulation of Production and Sale.

(1) At the discretion of the Commissioner of the Mississippi Department of Corrections, all goods, wares, services, or merchandise manufactured, mined, or offered to the public in whole or in part by inmates shall be sold in a manner that is congruent with the identified rehabilitation needs of inmates.

(2) The proceeds from the sale of such goods and services shall be allocated first to fulfill the financial obligations of inmates, including:

(a) Repayment of entitlement benefits such as child support;

(b) Repayment of fines;

(d) Technical violation fees.

(3) Inmates may not handle cash, checks, credit cards, or any form of payment associated with the sale or purchase transactions allowed under this act.

(4) The inmate shall be required:

(a) To pay twenty-five percent (25%), after mandatory deductions, of the proceeds of sales of their goods and services under this act for the following purposes:

(i) To pay support of dependents or to the Mississippi Department of Human Services on behalf of dependents as may be ordered by a judge of competent jurisdiction; and

(ii) To pay any fines, restitution, or costs as ordered by the court.

(b) To pay fifteen percent (15%), after mandatory deductions, of the proceeds of sales of their goods and services under this act to the corporation for administrative expenses.

(c) To save fifty percent (50%), after mandatory deductions, in an account which shall be made available to the inmate upon release.

(5) The inmate shall have access to the remaining ten percent (10%) of the monies in the inmate's account to purchase incidental expenses.

(6) Any monies remaining after all mandatory deductions and the expenses described under paragraph (4)(a) of this section are paid, shall be deposited in the inmate's account described in paragraph (4)(c) of this section

(7) The Corporation may operate a physical store, an online store, or both, where goods produced by inmates may be sold.

SECTION 5. Oversight and Approval Process.

(1) The commissioner shall establish an oversight committee to review and approve the types of goods and services that may be produced and sold by inmates.

(2) This committee shall evaluate the alignment of proposed sales with the rehabilitation needs and financial obligations of the inmates involved.

SECTION 6. Transparency and Reporting.

(1) The Mississippi Department of Corrections shall publish an annual report detailing the following:

(a) The types of goods and services produced by inmates;

(b) The sales generated; and

(2) This report shall be made available to the public to promote transparency and accountability.

SECTION 7. Rehabilitation and Support Services.

(1) The department shall provide educational programs and financial literacy training to inmates involved in production work, ensuring they understand the implications of their financial obligations.

(2) Inmates participating in the programs set out under this section shall receive incentives, such as reduced time for good behavior or credits towards their sentences, to encourage engagement.

SECTION 8. This act shall take effect and be in force from and after its passage.