House Bill 298

AN ACT TO AMEND SECTION 47-1-1, MISSISSIPPI CODE OF 1972, TO AUTHORIZE COUNTY BOARDS OF SUPERVISORS TO REQUIRE CONVICTS WHO ARE IMPRISONED IN COUNTY JAILS TO ASSIST IN THE PAYMENT OF THE COSTS OF INCARCERATION; TO AMEND SECTION 47-1-39, MISSISSIPPI CODE OF 1972, TO AUTHORIZE ANY MUNICIPAL GOVERNING AUTHORITIES TO REQUIRE CONVICTS WHO ARE IMPRISONED IN MUNICIPAL JAILS TO ASSIST IN THE PAYMENT OF THE COSTS OF INCARCERATION; AND FOR RELATED PURPOSES.

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

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

47-1-1. Every convict sentenced to imprisonment in the county jail, or to such imprisonment and the payment of a fine, or the payment of a fine, shall be committed to jail, and shall remain in close confinement for the full time specified for imprisonment in the sentence of the court, and in like confinement until the fine, costs and jail fees be fully paid, unless discharged in due course of law, or as hereinafter provided. But no convict shall be held in continuous confinement under a conviction for any one (1) offense for failure to pay a fine and costs in such case for a period of more than two (2) years.

The board of supervisors of any county are authorized to charge convicts who are imprisoned in county jails for the costs of incarceration at a rate not to exceed the amount the state pays counties for incarcerating state offenders in county jails due to a lack of capacity at state correctional institutions as prescribed in Section 47-5-901.

SECTION 2. Section 47-1-39, Mississippi Code of 1972, is amended as follows:

47-1-39. (1) The governing authorities of municipalities shall have the power to construct and maintain a municipal prison, and to regulate the keeping of the same and the prisoners therein, and to contract with the board of supervisors, which is empowered in the premises, for the use of the county jail by the municipality; and to provide for the working of the streets by municipal prisoners, and to contract with the county for such work by county prisoners or the working of county roads by municipal prisoners, or for working same on the county farms. Municipal prisoners shall be worked on county roads or county farms only in the county in which the municipality is situated. Males and females shall be confined in separate cells or compartments.

(2) The governing authorities of municipalities are authorized to charge convicts who are imprisoned in municipal jails for the costs of incarceration at a rate not to exceed the amount the state pays counties for incarcerating state offenders in county jails due to a lack of capacity at state correctional institutions as prescribed in Section 47-5-901.

(3) The municipality shall pay the tuition, living and travel expenses incurred by a person attending and participating in the basic and continuing education courses for jail officers.

SECTION 3. This act shall take effect and be in force from and after July 1, 2005.