MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Corrections; County Affairs

By: Senator(s) Jordan (18th)

AN ACT TO PROVIDE FOR AN EXPANDED WORK PROGRAM FOR CONVICTS IN COUNTY JAILS; TO AUTHORIZE THE BOARDS OF SUPERVISORS AND SHERIFFS TO PROVIDE WORK PROGRAMS; TO PLACE LIMITATIONS ON WORK PERFORMED; TO AMEND SECTION 47-1-19, MISSISSIPPI CODE OF 1972 TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The board of supervisors of any county may authorize the sheriff to offer a program under which any person incarcerated in county facilities may participate in a work program. In addition to work authorized under Chapter 1 of Title 47 of the Mississippi Code of 1972, the work program may consist of any of the following:

(a) Work on public facilities and property.

(b) Work in support of nonprofit organizations. As used in this section "nonprofit organizations" means organizations established or operated for the benefit of the public or in support of a significant public interest as set forth in Section 501(c)(3) of the Internal Revenue Code. Organizations established or operated for the primary purpose of benefiting their own memberships are specifically excluded.

(c) Work on any project for which the board of supervisors could lawfully expend funds and for which it determines necessary for the health, safety or welfare of the citizens of the county.

(2) The board of supervisors and the sheriff shall prescribe rules and regulations for participation in and operation of the work program.

(3) A person may participate in the work program only if the sheriff determines that the person is eligible for the program. A person participating in the program shall remain under the exclusive control of the sheriff's department.

(4) Any person participating in the work program shall receive credit for the work as provided under Section 47-1-47.

(5) Any item grown, produced, processed or manufactured and not required for use in the work program may be furnished or sold to any state agency, political subdivision of the state or to the public.

SECTION 2. Section 47-1-19, Mississippi Code of 1972, is amended as follows:

47-1-19. (1) It is unlawful for any county prisoner or prisoners to be leased or hired to any individual or corporation for any purpose whatsoever. Nor shall they be worked under any contractor; but in working them on county farms, or on the public roads or on any other work, which work must be of an exclusively public character, they shall be under exclusive official control and management.

(2) (a) It is lawful for a * * * municipality to provide prisoners for public service work for nonprofit charitable organizations as defined under Section 501(c)(3) of the Internal Revenue Code if that nonprofit charitable organization provides food to charities.

(b) The prisoners participating in the public service work under paragraph (a) shall remain under the exclusive control and management of the * * * municipality.

(c) A prisoner performing public service work under this subsection shall be entitled to earned credits as provided under this chapter.

SECTION 3. This act shall take effect and be in force from and after its passage.