MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Corrections

By: Senator(s) Smith

AN ACT TO AMEND SECTION 47-5-903, MISSISSIPPI CODE OF 1972, TO PERMIT SENTENCING OF CERTAIN FELONS TO SERVE THEIR TIME IN A COUNTY JAIL INSTEAD OF A DEPARTMENT OF CORRECTIONS FACILITY; TO REPEAL SECTION 47-5-911, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT SECTIONS 47-5-901 THROUGH 47-5-909, MISSISSIPPI CODE OF 1972, SHALL STAND REPEALED ON JULY 1, 2001; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-5-903, Mississippi Code of 1972, is amended as follows:

47-5-903. (1) A person committed, sentenced or otherwise placed under the custody of the Department of Corrections, on order of the sentencing court, may serve his sentence in the county jail of the county where convicted if all of the following conditions are complied with:

(a) The person must be classified in accordance with Section 47-5-905;

(b) The person must not be classified as in need of close supervision;

(c) The sheriff of the county where the person will serve his sentence must request in writing that the person be allowed to serve his sentence in that county jail;

(d) After the person is classified and returned to the county, the county shall assume the full and complete responsibility for the care and expenses of housing such person; and

(e) The county jail must be an approved county jail for housing state inmates under federal court order.

(2) A person committed, sentenced or otherwise placed under the custody of the Department of Corrections, on order of the sentencing court, may serve his sentence in the county jail of the county where convicted if all of the following conditions are met:

(a) The person was convicted of a drug use offense or nonviolent crime; and

(b) The term of imprisonment to which the person is sentenced is less than three (3) years.

(3) This section does not apply to inmates housed in county jails due to lack of space at state correctional facilities. The department shall not reimburse the county for the expense of housing an inmate under this section.

(4) The Attorney General of the State of Mississippi shall defend the employees of the Department of Corrections and officials and employees of political subdivisions against any action brought by any person who was committed to a county jail under the provisions of this section.

(5) The state, the Department of Corrections, and its employees or agents, shall not be liable to any person or entity for an inmate held in a county jail under this section.

SECTION 2. Section 47-5-911, Mississippi Code of 1972, which provides that Sections 47-5-901 through 47-5-909, Mississippi Code of 1972, shall stand repealed on July 1, 2001, is repealed.

SECTION 3. This act shall take effect and be in force from and after July 1, 2001.