House Bill 474

AN ACT TO AMEND SECTION 47-5-935, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A WARDEN APPOINTED BY THE COUNTY BOARD OF SUPERVISORS SHALL BE THE CHIEF CORRECTIONS OFFICER IN ANY COUNTY WITH A REGIONAL CORRECTIONAL FACILITY THAT HOUSES STATE INMATES; TO AMEND SECTION 47-5-937, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A WARDEN APPOINTED BY THE COUNTY BOARD OF SUPERVISORS SHALL EMPLOY LEGAL SERVICES TO REPRESENT A REGIONAL CORRECTIONAL FACILITY AND TO PROVIDE THAT CONTRACTS FOR LEGAL SERVICES MAY NOT EXCEED THE TERM OF OFFICE OF THE BOARD OF SUPERVISORS SITTING AT THE TIME THE CONTRACT IS ADOPTED; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-5-935, Mississippi Code of 1972, is amended as follows:

47-5-935. Concurrent with the execution of a contract for housing of state offenders as authorized by Sections 47-5-931 through 47-5-941, a warden hired by the board of supervisors of a county where the facility is located is designated as the chief corrections officer for the facility housing state offenders, and in that capacity, shall assume responsibility for management of the corrections facility and for the provision of the care and control of the state offenders housed in the facility. The warden shall be subject to the direction of the department for management of the correctional facility. * * *

SECTION 2. Section 47-5-937, Mississippi Code of 1972, is amended as follows:

47-5-937. Sections 47-5-931 through 47-5-941 shall be full and complete authority for the exercise of all powers and authority granted herein and no requirements or restrictions of law which would otherwise be applicable to acts of the county * * * or the Department of Corrections shall be applicable except as expressly provided in this section. The warden is expressly authorized to employ counsel to represent the facility to be paid a salary within the range allowed for a legal assistant to a district attorney with the employment to continue for a period of time not to exceed the term of the board of supervisors sitting at the time the contract is approved. The county or counties shall pay this cost and other costs incurred in the operation of the facility from the proceeds of the funds derived from the financing of the project and the housing of offenders.

SECTION 3. This act shall take effect and be in force from and after July 1, 2004.