SB3137_H_Cmte_Amend

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, 2004, and ending June 30, 2005...

............................................ $ 215,742,915.00.

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, 2004, and ending June 30, 2005$ 54,157,889.00.

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

FUNDING:

General Funds........................... $ 124,673,592.00

Special Funds............................ 11,095,108.00

Total.............................. $ 135,768,700.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 3,673

Part Time........... 31

Time-Limited:Full Time........... 123

Part Time........... 0

MEDICAL SERVICES

FUNDING:

General Funds........................... $ 24,245,634.00

Special Funds............................ 12,759,106.00

Total.............................. $ 37,004,740.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 0

Part Time........... 0

Time-Limited:Full Time........... 2

Part Time........... 0

PAROLE BOARD

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits$ 409,967.00

Travel and Subsistence.............. 25,000.00

Contractual Services..................... 61,883.00

Commodities.............................. 10,000.00

Capital Outlay:

Other Than Equipment................ 0.00

Equipment........................... 0.00

Subsidies, Loans and Grants.............. 0.00

Total.............................. $ 506,850.00

FUNDING:

General Funds........................... $ 506,850.00

Special Funds............................ 0.00

Total.............................. $ 506,850.00

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$ 598,743.00

Travel and Subsistence.............. 5,100.00

Contractual Services..................... 227,850.00

Commodities.............................. 1,590,041.00

Capital Outlay:

Other Than Equipment................ 180,000.00

Equipment........................... 208,898.00

Subsidies, Loans and Grants.............. 8,015.00

Total.............................. $ 2,818,647.00

FUNDING:

General Funds........................... $ 0.00

Special Funds............................ 2,818,647.00

Total.............................. $ 2,818,647.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 14

Part Time........... 0

Time-Limited:Full Time........... 0

Part Time........... 0

PRIVATE PRISONS

FUNDING:

General Funds........................... $ 41,127,589.00

Special Funds............................ 18,503,918.00

Total.............................. $ 59,631,507.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 0

Part Time........... 0

Time-Limited:Full Time........... 0

Part Time........... 0

REGIONAL FACILITIES

FUNDING:

General Funds........................... $ 19,526,069.00

Special Funds............................ 7,401,231.00

Total.............................. $ 26,927,300.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 0

Part Time........... 0

Time-Limited:Full Time........... 0

Part Time........... 0

LOCAL CONFINEMENT - COUNTY JAILS

FUNDING:

General Funds........................... $ 5,663,181.00

Special Funds............................ 1,579,879.00

Total.............................. $ 7,243,060.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 0

Part Time........... 0

Time-Limited:Full Time........... 0

Part Time........... 0

With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2006 do not exceed Fiscal Year 2005 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2006 budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act. It shall be the responsibility of the agency head to insure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2005 appropriation for "Personal Services" when annualized, with the exception of escalated funds. If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2005 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.

Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.

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. The funds authorized herein shall be used to fund all operations of the agency with the following prohibitions:

(1) The agency shall not fill any current or future vacant positions;

(2) The agency shall not take any action to promote or otherwise award salary increases through reallocation, reclassification, realignment, education benchmark, career ladder, or any other means to increase salaries of employees or positions except as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Session;

(3) The agency shall not expend funds for out-of-state travel except as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Session;

(4) The agency shall not expend funds for the purchase of or contract for cellular phones, two-way radios or pagers, except for support of employees in the Department of Public Safety and the Bureau of Narcotics as recommended by Information Technology Services or as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Session;

(5) The agency shall not expend funds to publish or distribute any annual reports or other publications;

(6) The agency shall not expend funds for public relation activities regarding the functions, programs or services of the agency except as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Session;

(7) The agency shall not advertise the functions, programs or services of the agency except that the Mississippi Development Authority is authorized to expend funds for advertising to carry out the purposes of key programs administered by the authority;

(8) The agency shall not expend funds for staff development or training services;

(9) The agency shall not expend funds for the purchase of new or replacement equipment or furniture, excluding lease purchase payments on agreements in effect upon passage of this appropriation bill, except as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Session.

SECTION 5. It is the intention of the Legislature that none of the funds appropriated above shall be expended unless members of the Mississippi House of Representatives and Mississippi Senate are notified at least five (5) days prior to a public ceremony announcing the award of any grant in their district or any public announcement or ceremony regarding the groundbreaking or opening of a facility, roadway or bridge for which the Legislature has made funds available. Any signage regarding any public event or any new facility, roadway or bridge shall include the following language: "Funds were made available for this project by the Mississippi State Legislature."

SECTION 6. It is the intention of the Legislature that the Mississippi Department of Corrections shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2004. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2006 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2005 budget request process.

SECTION 7. 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:

FY2005

Performance Measures Target

Institutions - Parchman

Average Population (Inmates) 5,664

Participants in Programs (Inmates) 2,957

Successful Program Completion (Inmates) 1,314

Central MS Correctional Fac

Average Population (Inmates) 3,155

Participants in Programs (Inmates) 1,522

Successful Program Completion (Inmates) 895

South MS Correctional Fac

Average Population (Inmates) 2,146

Participants in Programs (Inmates) 1,964

Successful Program Completion (Inmates) 1,436

Community Corrections

Average Population (Offenders) 28,489

Farming

Vegetables Produced (Pounds) 5,500,000

Dozens of Eggs Sold (Dozens) 650,000

Parole Board

Number Paroled (Offenders) 950

Number of Paroles Revoked (Revocations) 225

Private Prisons

Private Prison Beds Funded (Beds) 4,457

Medical Services

Average Population Covered (Inmates) 15,685

Regional Facilities

Regional Prison Beds Funded (Beds) 2,750

Local Confinement

Approved Monthly Population (Inmates) 1,465

Unapproved Monthly Population (Inmates) 350

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 2006.

SECTION 8. 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/non-lethal fencing system at any of its maximum security units for that purpose.

SECTION 9. 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 10. 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. 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 11. 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 12. 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 13. 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 14. 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 15. It is the intention of the Legislature that the Department of Corrections shall have the authority to accept, budget and expend any special funds collected or otherwise available, through the sell of scrap or recycled material, for the purpose of providing recycling equipment, supplies or services for use within the department.

SECTION 16. None of the funds appropriated herein can be directly or indirectly associated with the ACA accreditation in the Community Services Division.

SECTION 17. It is the intention of the Legislature that the per diem rates paid to regional facilities shall not exceed Twenty-nine Dollars and Seventy-four Cents ($29.74) per inmate. All regional facilities shall continue to receive the annual three percent (3%) increase in the per diem rate as authorized in Section 47-5-933, Mississippi Code of 1972, however, in no event shall any regional facility's per diem rate exceed Twenty-nine Dollars and Seventy-four Cents ($29.74) per inmate.

SECTION 18. It is the intention of the Legislature that the Commissioner of the Mississippi Department of Corrections may transfer between certain budgets authorized in Section 3, including Support, Medical Services, Parole Board, Farming Operations, Private Prisons, Regional Facilities and Local Confinement, both positions and funds in an amount not to exceed twenty-five percent (25%) 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. However, no transfers shall be authorized which increase the major object of expenditure "Salaries, Wages and Fringe Benefits" in any budget authorized in Section 3 of this act.

SECTION 19. It is the intention of the Legislature that the Mississippi Department of Corrections may use funds appropriated herein to enter into a lease purchase agreement through the State Master Lease Program to purchase property located at 421 West Pascagoula Street in Jackson, Mississippi, for use as the Hinds County Probation and Parole Office and the Statewide Records Office for the Mississippi Department of Corrections. Total outlays for any such agreement to purchase this facility must be less than the total outlays to lease this property over a ten-year period and shall be approved by the Executive Director of the Department of Finance and Administration.

SECTION 20. Of the funds appropriated under the provisions of Section 2, Forty Million Dollars ($40,000,000.00) shall be derived from the Budget Contingency Fund, as created in Section 27-103-301, Mississippi Code of 1972, to be allocated as follows:

Medical Services.......................$12,514,972.00

Private Prisons........................ 18,503,918.00

Regional Facilities.................... 7,401,231.00

Local Confinement - County Jails....... 1,579,879.00

Total.............................$40,000,000.00

SECTION 21. 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 22. This act shall take effect and be in force from and after July 1, 2004.