Senate Bill 2040

AN ACT TO AMEND SECTION 47-5-95, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO ESTABLISH A PROCEDURE FOR APPROVED OFFENDER VISITATION APPLICATIONS ONLINE; TO AUTHORIZE THE DEPARTMENT TO REQUEST CRIMINAL BACKGROUND INFORMATION CHECKS OF VISITOR APPLICANTS PRIOR TO APPROVAL; TO PROVIDE FOR ONLINE NOTIFICATION OF DECISION OF APPROVAL; TO PROVIDE FOR SCHEDULING OF VISITATION; TO PROVIDE A CRIMINAL PENALTY FOR MAKING FALSE STATEMENTS ON VISITATION APPLICATION FORMS; AND FOR RELATED PURPOSES.

SECTION 1. Section 47-5-95, Mississippi Code of 1972, is amended as follows:

47-5-95. (1) The members of the executive department, except the Governor and Lieutenant Governor, and judicial departments of the state and members of the Legislature, shall with advance notice to the commissioner be admitted into the correctional system or any facility thereof, and other places where offenders are kept and worked, at all proper hours, for the purpose of observing the conduct thereof, and may hold conversations with the offenders apart from all correctional system officials. Other persons may visit a correctional system facility under such rules and regulations as may be established by the commissioner who shall be liable to the state on his bond for negligence in security and in an amount to be determined by the courts.

(2) The Mississippi Department of Corrections is authorized and empowered to establish a procedure for approved offender visitation applications online. The department is authorized to develop and publish application and notification forms to implement this procedure. Before an individual may visit an inmate under the jurisdiction of the department, the individual must become an approved visitor pursuant to the following:

(a) The individual shall complete the Visitation Application Form for approval in English or Spanish. The application must be completed by all visitors twelve (12) years of age or older. The application must be filled out completely or it will be denied.

(b) The Visitation Application may be mailed or emailed to the inmate's current location. If the inmate is in the reception process, an individual cannot apply for visitation until the inmate is in his or her permanent facility.

(c) Once the application is processed or within thirty (30) days, whichever is a longer period, a notice shall be given to the inmate regarding the decision, and the inmate may notify the individual either by phone or mail or email.

(d) After receiving confirmation that the individual is an approved visitor, he or she may schedule a visit with the inmate. The Visitation Scheduling Form must be completed prior to visiting each week, and it is only available and must be completed between Monday and Wednesday. No walk-up appointments will be allowed without a visitation scheduling form submission. The department may establish an online procedure under which the Visitation Scheduling Form may be accessed. If the inmate is ineligible for visits or in a status that requires special coordination by the facility, there shall be no approval online. Inmates in reception status shall not be eligible for visitation.

(e) After the individual has successfully submitted a Visitation Scheduling Form online, he or she will receive a confirmation email with the details of the visit. This is not a guarantee of visitation because circumstances for the inmate or facility are subject to change.

(f) All visitors 16 years of age or older must present a valid form of picture identification for visitation registration. Acceptable forms of identification are identification cards that contain a photograph, current address, and date of birth and physical characteristics of the individual.

(g) In order to establish the individual's suitability as a visitor, the department officials are authorized to send an application to an appropriate law enforcement or crime information agency for a criminal background check to ascertain whether or not placing the individual on the visitation list would present a management problem for the facility or have other adverse effects. The information obtained will be used to determine the acceptability of the individual as a visitor. The individual is not required to supply the information requested. However, if the individual does not furnish the information, the processing of the request will be suspended, and the individual will receive no further consideration. If the individual furnishes only part of the information required, the processing of the request may be significantly delayed. Although no penalties are authorized for not supplying the information requested, failure to supply such information may result in not being considered for admittance as a visitor.

(h) Submitting false information in a visitor application is a crime, upon conviction thereof, by a fine of not more than Two Hundred Fifty Thousand Dollars ($250,000.00) or imprisonment for not more than five (5) years or both.

(i) The Mississippi Commissioner of Corrections is authorized and empowered to promulgate rules and regulations to implement this subsection (2).

SECTION 2. This act shall take effect and be in force from and after July 1, 2026.