MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Appropriations

By: Senator(s) Gordon, Thames, Huggins, Posey, Dearing, Hamilton, Simmons, Walls

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 2001.

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, 2000, and ending June 30, 2001

$ 233,756,940.00.

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, 2000, and ending June 30, 2001 $ 12,624,819.00.

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 $ 119,527,250.00

Travel and Subsistence 657,245.00

Contractual Services 78,880,823.00

Commodities 13,325,365.00

Capital Outlay:

Other Than Equipment 804,578.00

Equipment 1,538,057.00

Subsidies, Loans and Grants 97,320.00

Total $ 214,830,638.00

FUNDING:

General Funds $ 207,410,995.00

Special Funds 7,419,643.00

Total $ 214,830,638.00

AUTHORIZED POSITIONS:

Permanent: Full Time 4,017

Part Time 31

Time-Limited: Full Time 76

Part Time 0

MEDICAL SERVICES

FUNDING:

General Funds $ 25,729,818.00

Special Funds 0.00

Total $ 25,729,818.00

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 $ 424,881.00

Travel and Subsistence 50,000.00

Contractual Services 102,800.00

Commodities 26,000.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 12,446.00

Subsidies, Loans and Grants 0.00

Total $ 616,127.00

FUNDING:

General Funds $ 616,127.00

Special Funds 0.00

Total $ 616,127.00

AUTHORIZED POSITIONS:

Permanent: Full Time 13

Part Time 0

Time-Limited: Full Time 0

Part Time 0

FARMING OPERATIONS

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 716,024.00

Travel and Subsistence 17,686.00

Contractual Services 845,973.00

Commodities 2,350,000.00

Capital Outlay:

Other Than Equipment 730,848.00

Equipment 511,645.00

Subsidies, Loans and Grants 33,000.00

Total $ 5,205,176.00

FUNDING:

General Funds $ 0.00

Special Funds 5,205,176.00

Total $ 5,205,176.00

AUTHORIZED POSITIONS:

Permanent: Full Time 20

Part Time 0

Time-Limited: Full Time 0

Part Time 0

With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2002 do not exceed Fiscal Year 2001 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2002 budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act. It shall be the responsibility of the agency head to insure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2001 appropriation for "Personal Services" when annualized. If, at the end of any calendar month, the State Personnel Board determines that the agency has taken action(s) which would cause the agency to exceed this projected annual cost or the Fiscal Year 2001 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.

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. 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 5. 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 6. 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 7. 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 8. 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 9. 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 10. 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 11. 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:

FY2001

Performance Measures Target

Institutions - Parchman

Average Population (Inmates) 5,565

Participants in Programs (Inmates) 6,730

Successful Program Completion (Inmates) 4,735

Central Mississippi Correctional Facility

Average Population (Inmates) 2,500

Participants in Programs (Inmates) 2,730

Successful Program Completion (Inmates) 1,795

South Mississippi Correctional Facility

Average Population (Inmates) 2,100

Participants in Programs (Inmates) 2,405

Successful Program Completion (Inmates) 1,800

Community Based Services

Average Population (Offenders) 15,000

Supportive Services

Private Prison Beds (Beds) 8,000

Farming

Vegetables Produced (Pounds) 3,400,000

Dozens of Eggs Sold (Dozens) 600,000

Parole Board

Number Paroled (Offenders) 1,000

Number of Paroles Revoked (Revocations) 200

Medical Services

Average Population Covered (Inmates) 14,329

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 2002.

SECTION 12. 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, 2000, and ending June 30, 2001 $ 9,665,044.00.

SECTION 13. Of the funds appropriated under the provisions of Section 1, One Hundred Eighty Thousand Dollars ($180,000.00) is provided to the Department of Corrections to defray the expenses associated with contracts for new prison beds that will become available to the Department of Corrections during Fiscal Year 2001.

SECTION 14. Of the funds appropriated under the provisions of Sections 1 and 2, funds are made available and may be expended for salaries associated with the pre-release program.

SECTION 15. 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 16. This act shall take effect and be in force from and after July 1, 2000.