House Bill 1278

(As Passed the House)

AN ACT TO AMEND SECTION 47-5-441, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SHERIFF OF ANY COUNTY TO USE PRISON LABOR TO CLEAR, CLEAN AND MAINTAIN HISTORIC OR NOT-FOR-PROFIT CEMETERIES; TO PROVIDE THAT HISTORIC CEMETERIES ARE THOSE THAT ARE RECOGNIZED AS SUCH BY THE DEPARTMENT OF ARCHIVES AND HISTORY; 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 or not-for-profit cemeteries in the county, including, but not limited to, church cemeteries. For the purposes of this section the term "historic cemeteries" means cemeteries that are recognized as historic by the Department of Archives and History.

(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.