MISSISSIPPI LEGISLATURE
2002 Regular Session
To: Appropriations
By: Senator(s) Gordon
AN ACT TO AMEND CHAPTER 131, LAWS OF 2001 (SENATE BILL NO. 3123), TO TRANSFER CERTAIN PORTIONS OF THE MONEY IN THE FISCAL YEARS 2001 AND 2002 APPROPRIATION TO THE MISSISSIPPI DEPARTMENT OF CORRECTIONS FROM ONE CATEGORY TO ANOTHER; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Chapter 131, Laws of 2001 (Senate Bill No. 3123), is amended as follows:
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, 2001, and ending June 30, 2002...............
............................................ $ 237,746,347.00.
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, 2001, and ending June 30, 2002.................... $ 15,691,850.00.
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$ 121,013,500.00
Travel and Subsistence.............. 492,934.00
Contractual Services..................... 12,937,299.00
Commodities.............................. 10,325,365.00
Capital Outlay:
Other Than Equipment................ 804,578.00
Equipment........................... 826,135.00
Subsidies, Loans and Grants.............. 97,320.00
Total.............................. $ 146,497,131.00
FUNDING:
General Funds........................... $ 135,481,406.00
Special Funds............................ 11,015,725.00
Total.............................. $ 146,497,131.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 3,929
Part Time........... 119
Time-Limited:Full Time........... 127
Part Time........... 0
MEDICAL SERVICES
FUNDING:
General Funds........................... $ 22,741,257.00
Special Funds............................ 0.00
Total.............................. $ 22,741,257.00
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$ 387,644.00
Travel and Subsistence.............. 25,000.00
Contractual Services..................... 96,600.00
Commodities.............................. 20,800.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 5,400.00
Subsidies, Loans and Grants.............. 0.00
Total.............................. $ 535,444.00
FUNDING:
General Funds........................... $ 535,444.00
Special Funds............................ 0.00
Total.............................. $ 535,444.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 8
Part Time........... 0
Time-Limited:Full Time........... 0
Part Time........... 0
FARMING OPERATIONS
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 717,452.00
Travel and Subsistence.............. 8,843.00
Contractual Services..................... 675,973.00
Commodities.............................. 2,144,076.00
Capital Outlay:
Other Than Equipment................ 730,848.00
Equipment........................... 365,933.00
Subsidies, Loans and Grants.............. 33,000.00
Total.............................. $ 4,676,125.00
FUNDING:
General Funds........................... $ 0.00
Special Funds............................ 4,676,125.00
Total.............................. $ 4,676,125.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 18
Part Time........... 0
Time-Limited:Full Time........... 0
Part Time........... 0
PRIVATE PRISONS
FUNDING:
General Funds........................... $ 55,638,170.00
Special Funds............................ 0.00
Total.............................. $ 55,638,170.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 0
Part Time........... 0
Time-Limited:Full Time........... 0
Part Time........... 0
REGIONAL FACILITIES
FUNDING:
General Funds........................... $ 23,350,070.00
Special Funds............................ 0.00
Total.............................. $ 23,350,070.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 0
Part Time........... 0
Time-Limited:Full Time........... 0
Part Time........... 0
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. With the funds provided herein, the Mississippi Department of Corrections (MDOC) shall provide a written report to the Chairman of the Mississippi House of Representatives, Appropriations and Penitentiary Committees and the Mississippi Senate Appropriations and Corrections Committees on the operational feasibility of Units 10, 12, 20, 22 and 23 at the Mississippi State Penitentiary at Parchman, Mississippi. This report shall be finalized and received by the Committee Chairmen on or before January 1, 2002.
Section 5. As a condition for the authority to expend funds pursuant to Sections 1 and 2 of this act, the Commissioner of the Mississippi Department of Corrections (MDOC) and each regional correctional facility and private prison shall cooperate with and provide all pertinent information to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) in order for the PEER Committee to determine the necessary per diem, per inmate cost associated with the housing of state inmates at each of the regional correctional facilities and private prisons. In no case shall the aggregate per diem costs of housing state inmates at regional facilities or private prisons exceed the aggregate appropriation for the regional facilities, private prisons or the maximum amounts set by law in Sections 47-5-933 and 47-5-1211, Mississippi Code of 1972. Until the necessary per diem, per inmate cost is determined, and reported to the Chairmen of the Mississippi House of Representatives, Appropriations and Penitentiary Committees and the Mississippi Senate Appropriations and Corrections Committees, the Commissioner of the MDOC shall make payments for housing not less than two hundred thirty (230) inmates at each regional facility, not less than nine hundred (900) state inmates at the Delta Correctional Facility and not less than nine hundred (900) state inmates at the Marshall County Correctional Facility.
Section 6. It is the intention of the Legislature that the Department of Corrections may use any federal funds that may become available for the construction of a certified fail-safe lethal/nonlethal fencing system at any of its maximum security units for that purpose.
Section 7. 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 8. 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 9. 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 10. 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 11. 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 herein above 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 12. 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, Private Prisons, Regional Facilities 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 13. 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 14. 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 FY20002 Target
Institutions - Parchman
Average Population (Inmates) 5,649
Participants in Programs (Inmates) 3,628
Successful Program Completion (Inmates) 2,159
Central MS Correctional Fac
Average Population (Inmates) 2,929
Participants in Programs (Inmates) 1,390
Successful Program Completion (Inmates) 696
South MS Correctional Fac
Average Population (Inmates) 2,174
Participants in Programs (Inmates) 2,070
Successful Program Completion (Inmates) 1,545
Community Based Services
Average Population (Offenders) 15,000
Supportive Services
Private Prison Beds (Beds) 6,900
Farming
Vegetables Produced (Pounds) 5,500,000
Dozens of Eggs Sold (Dozens) 700,000
Parole Board
Number Paroled (Offenders) 1,000
Number of Paroles Revoked (Revocations) 200
Medical Services
Average Population Covered (Inmates) 15,537
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 2003.
Section 15. 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, 2001, and ending June 30, 2002$ 4,997,585.00.
Section 16. In addition to all other sums heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Working Cash/Stabilization Reserve Fund, to the Mississippi Department of Corrections, for the fiscal year ending June 30, 2001$ 16,400,000.00.
It is the intention of the Legislature that the funds appropriated in this section shall be considered a portion of the Fifty Million Dollars ($50,000,000.00) authorized in Section 27-103-203, Mississippi Code of 1972, for the Governor to transfer from the Working Cash/Stabilization Reserve Fund to the State General Fund to provide for revenue shortfalls.
Section 17. 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 18. This act shall take effect and be in force from and after July 1, 2001, except that Section 16 shall take effect and be in force from and after its passage.
SECTION 2. This act shall take effect and be in force from and after its passage.