MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Penitentiary

By: Representative Barnett (92nd)

AN ACT TO AMEND SECTIONS 47-5-401 AND 47-5-421, MISSISSIPPI CODE OF 1972, TO ALLOW INMATES CONVICTED OF VIOLENT CRIMES TO BE ELIGIBLE TO PARTICIPATE IN A WORK PROGRAM UNDER CERTAIN MITIGATING CIRCUMSTANCES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-5-401, Mississippi Code of 1972, is amended as follows:

47-5-401. (1) There is hereby authorized, in each county of the state, a public service work program for state inmates in custody of the county. Such a program may be established at the option of the county in accordance with the provisions of Sections 47-5-401 through 47-5-421. The department shall also recommend rules and regulations concerning the participation of state inmates in the program.

(2) An inmate shall not be eligible to participate in a work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421 if he has been convicted of any crime of violence, including but not limited to murder, aggravated assault, rape, robbery or armed robbery, unless, based on mitigating circumstances indicating a particular inmate's individual trustworthiness and needed work skills, the sheriff supervising the work program shall declare an exception to the limitation and notify, in writing, the Director of Classification of the Department of Corrections.

(3) The inmates participating in the work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421 are restricted to the performance of public service work for counties, municipalities, the state or nonprofit charitable organizations, as defined by Section 501(c)(3) of the Internal Revenue Code of 1986, except that the Classification Committee of the Department of Corrections must approve all requests by nonprofit charitable organizations to use offenders to perform any public service work. Upon request of the Board of Trustees of State Institutions of Higher Learning, or the board of trustees of a county school district, municipal school district or junior college district, the inmates may be permitted to perform work for such boards.

SECTION 2. Section 47-5-451, Mississippi Code of 1972, is amended as follows:

47-5-451. (1) There is hereby authorized, in each county of the state, a public service work program for state inmates in custody of the county. Such a program may be established at the option of the county in accordance with the provisions of Sections 47-5-401 through 47-5-421. The department shall also recommend rules and regulations concerning the participation of state inmates in the program.

(2) An inmate shall not be eligible to participate in a work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421, if he has been convicted of any crime of violence, including but not limited to murder, aggravated assault, rape, robbery or armed robbery, unless, based on mitigating circumstances indicating a particular inmate's individual trustworthiness and needed work skills, the sheriff supervising the work program shall declare an exception to the limitation and notify, in writing, the Director of Classification of the Department of Corrections.

(3) The inmates participating in the work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421, are restricted to the performance of public service work for counties, municipalities, the state or nonprofit charitable organizations, as defined by Section 501(c)(3) of the Internal Revenue Code of 1986, except that the Classification Committee of the Department of Corrections must approve all requests by nonprofit charitable organizations to use offenders to perform any public service work. Upon request of the Board of Trustees of State Institutions of Higher Learning, or the board of trustees of a county school district, municipal school district or junior college district, the inmates may be permitted to perform work for such boards.

SECTION 3. This act shall take effect and be in force from and after July 1, 2000.