MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Appropriations

By: Senator(s) Hall, Burton, Posey, Jordan (18th), Ross, Simmons, Turner, White (5th), Woodfield

AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND TO PAY THE EXPENSES OF COUNTIES FOR HOLDING STATE PRISONERS IN COUNTY JAILS, FOR FISCAL YEAR 2000.

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

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, 1999, and ending June 30, 2000

$ 230,560,418.00.

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 become available for the purpose of defraying the expenses of the Department, for the fiscal year beginning July 1, 1999, and ending June 30, 2000 $ 16,263,220.00.

SECTION 3. Of the funds appropriated under the provisions of Sections 1 and 2, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:

SUPPORT

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 115,007,752.00

Travel and Subsistence 657,245.00

Contractual Services 79,436,779.00

Commodities 16,317,465.00

Capital Outlay:

Other Than Equipment 1,804,578.00

Equipment 2,393,444.00

Subsidies, Loans and Grants 397,320.00

Total $ 216,014,583.00

FUNDING:

General Funds $ 206,257,246.00

Special Funds 9,757,337.00

Total $ 216,014,583.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 4,116

Part Time. . . . . . . . . 32

Time-Limited: Full Time. . . . . . . . . 57

Part Time. . . . . . . . . 0

MEDICAL SERVICES

FUNDING:

General Funds $ 23,359,288.00

Special Funds 0.00

Total $ 23,359,288.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 0

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 0

Part Time. . . . . . . . . 0

PAROLE BOARD

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 715,884.00

Travel and Subsistence 50,000.00

Contractual Services 102,800.00

Commodities 26,000.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 49,200.00

Subsidies, Loans and Grants 0.00

Total $ 943,884.00

FUNDING:

General Funds $ 943,884.00

Special Funds 0.00

Total $ 943,884.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 24

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 0

Part Time. . . . . . . . . 0

FARMING OPERATIONS

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 967,984.00

Travel and Subsistence 17,686.00

Contractual Services 845,973.00

Commodities 2,350,000.00

Capital Outlay:

Other Than Equipment 1,779,595.00

Equipment 511,645.00

Subsidies, Loans and Grants 33,000.00

Total $ 6,505,883.00

FUNDING:

General Funds $ 0.00

Special Funds 6,505,883.00

Total $ 6,505,883.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 28

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 0

Part Time. . . . . . . . . 0

From the funds provided in the budget category "Personal Services: Salaries, Wages and Fringe Benefits," funds may be expended for the following purposes, in compliance with the policies established by the State Personnel Board and any conditions placed on such expenditures:

(a) The components of the Variable Compensation Plan shall be maintained within the constraints of the funds appropriated herein.

(b) Funds are provided to adjust the Variable Compensation Plan, including realignment, to ensure that all full-time employees with at least six (6) months of continuous current service, as of June 30, 1999, receive an increase of One Thousand Five Hundred Dollars ($1,500.00). Funds are provided to adjust critical job classes up to an additional One Thousand Dollars ($1,000.00).

(c) If an employee is currently at or above the end salary for his or her job classification, then the increase shall be built into the employee's base salary. To be eligible for any increase authorized in this section, employees may not have a current performance rating below "meets expectations" as of the effective date of the increase. Employees who subsequently receive a performance rating of "meets expectations" or above during Fiscal Year 2000 shall receive the salary increase effective the date of the rating.

It is the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2001 do not exceed Fiscal Year 2000 funds appropriated for that purpose unless programs or positions are added to the agency's budget by the Mississippi Legislature.

Any transfers or escalations shall be made in accordance with the terms, conditions, and procedures established by law.

No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.

SECTION 4. In addition to the salary adjustments provided in Section 3 (b) of this act, from the funds provided herein, the Mississippi Department of Corrections may, with the assistance of the State Personnel Board, implement a reorganization of the following correctional personnel positions:

Job Title

Deputy Warden

Major

Captain

Lieutenant

Correctional Officer IV

Correctional Officer III

Correctional Officer II

Correctional Officer I

Correctional Officer Trainee

Field Officer IV

Field Officer III

Field Officer II

Field Officer I

New Positions

Correctional Officer Cadet

Field Worker

Correctional Service Aide II

Correctional Service Aide I

None of the increase authorized above shall be implemented before all Correctional Officers Trainee I, II, III and IV have received an increase. It is the intention of the Legislature that a complete reporting of the implementation of this reorganization be provided to the House Appropriations Committee, the Senate Appropriations Committee and the Joint Legislative Budget Committee.

SECTION 5. Of the funds appropriated in Sections 1 and 2, and authorized for expenditure in Section 3, it is the intention of the Legislature that any contractual service payments made by the department to defray medical expenses for inmates shall be at the currently established Medicaid reimbursement rate; however, if hospital and medical providers will not contract at the Medicaid reimbursement rate, the Department of Corrections may enter into a negotiated contract.

SECTION 6. Of the funds appropriated in Sections 1 and 2, 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, except that the Superintendent of the Central Mississippi Correctional Facility may be provided with a housing expense allowance in lieu of being furnished with a dwelling house. The Department of Corrections shall not pay for the installation or monthly service of any telephone installed in a staff residence under its jurisdiction.

SECTION 7. Of the funds appropriated in Sections 1 and 2, and authorized for expenditure in Section 3, 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. No part of the funds herein appropriated shall be used for the purpose of returning escaped state convicts to the State Penitentiary from a distance of over one hundred (l00) miles beyond the borders of the state, except upon approval of the Governor in each specific case.

SECTION 9. None of the money herein appropriated shall be paid to any person who by the provision of Section 47-5-47, Mississippi Code of l972, 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 l972, 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 10. It is the intention of the Legislature that the Commissioner of the Mississippi Department of Corrections may transfer between the divisions of Support, Medical Services, Parole Board, Farming Operations and Local Confinement, both funds and positions not to exceed fifteen percent (15%) of the authorized budgets in the aggregate. The Commissioner of the Mississippi 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. It is further the intention of the Legislature that no transfer may be made under the provisions of this section to increase or decrease the salaries category of any budget set forth in the original appropriations made under this act, but may be used to contract with counties to house state inmates in facilities authorized by Section 47-5-931, Mississippi Code of 1972. It is further the intention of the Legislature that any transfers made under the provisions of this paragraph shall be for the removal of state inmates from county jails or of an emergency nature.

SECTION 11. 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 12. 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:

Performance Measures FY2000 Target

Mississippi State Penitentiary

Average population (inmates) 4,600

Participants in programs (inmates) 5,030

Successful program completion (inmates) 3,505

Central Mississippi Correctional Facility

Average population (inmates) 2,600

Participants in programs (inmates) 1,550

Successful program completion (inmates) 898

South Mississippi Correctional Facility

Average population (inmates) 2,150

Participants in programs (inmates) 1,321

Successful program completion (inmates) 985

Community Based Services

Average population (offenders) 15,000

Supportive Services

Purchase orders generated (transactions) 10,000

Payment vouchers generated (transactions) 15,000

Farming Operations

Vegetables produced (pounds) 5,000,000

Unit cost per pound of vegetable ($) 1.13

Inmate days worked (days) 146,000

Parole Board

Cost per parole hearing ($) 187.00

Parole hearings (hearings) 600

Number paroled (offenders) 200

Reimbursement - Local Confinement

Average approved monthly population (inmates) 865

Average unapproved monthly population (inmates) 600

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 2001.

SECTION 13. In addition to all other sums herein appropriated, 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, to the Department of Corrections for the purpose of paying the expenses of counties for holding state prisoners in county jails, for the period beginning July 1, 1999, and ending June 30, 2000

$ 9,665,044.00.

SECTION 14. Of the funds appropriated under the provisions of Section 2, telephone commission funds in an amount not to exceed One Million Dollars ($1,000,000.00) are provided and shall be available to the Department of Corrections to defray the expenses associated with contracts for certain new prison beds that will become available to the Department of Corrections during Fiscal Year 2000, prior to any other allocation of said funds.

SECTION 15. With the funds provided in this act, it is the intention of the Legislature that the Mississippi Department of Corrections pay Gwen Chew Two Thousand Six Hundred Eleven Dollars and Thirty-one Cents ($2,611.31) for services provided in prior fiscal years. This payment will be considered complete and total compensation for prior services provided by Gwen Chew.

SECTION 16. 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 17. This act shall take effect and be in force from and after July 1, 1999.