House Bill 1278

AN ACT TO AMEND SECTION 47-5-441, MISSISSIPPI CODE OF 1972, TO REDUCE FROM ONE HUNDRED YEARS TO SEVENTY-FIVE YEARS THE AGE OF CEMETERIES THAT ARE CONSIDERED HISTORIC FOR THE PURPOSES OF AUTHORIZING THE SHERIFF OF ANY COUNTY TO USE PRISON LABOR TO CLEAR, CLEAN AND MAINTAIN; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-5-441, Mississippi Code of 1972, is amended as follows:

47-5-441. (1) Any sheriff, or his designee, may use any person who has been convicted of a nonviolent offense and who is serving all or any part of his sentence in the county jail to clear, clean, stabilize, preserve, maintain and restore historic cemeteries in the county. For the purposes of this section the term "historic cemeteries" means cemeteries that are at least seventy-five (75) years old.

(2) Before undertaking work on an historic cemetery, the sheriff, or his designee, shall contact the Department of Archives and History to obtain information on the appropriate procedures for the preservation and restoration of an historical cemetery.

(3) Any sheriff, or his designee, may use any person who has been convicted of a crime and is serving all or part of his sentence in the county jail, who volunteers his time, to prepare or serve food in county or public facilities in conjunction with a nonprofit organization under Section 501 (c)(3) of the Internal Revenue Code.

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.