Senate Bill 2440

AN ACT TO AMEND SECTIONS 47-5-108 AND 47-5-109, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN MONIES FROM EMPLOYEE COMMISSARIES AND CANTEENS AT DEPARTMENT OF CORRECTIONS FACILITIES SHALL BE USED FOR THE BENEFIT OF EMPLOYEES AT SUCH FACILITIES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-5-108, Mississippi Code of 1972, is amended as follows:

47-5-108. The department may provide self-sustaining facilities for the preparation and serving of food for employees and visitors of the Mississippi State Penitentiary, the Central Mississippi Correctional Facility, and the South Mississippi Correctional Institution. The commissioner shall promulgate policies and procedures for the operation of such facilities. In addition, the funds derived from these operations shall remain in separate accounts at each facility, hereafter known as the "Employee Cafeteria Funds." The profits, if any, shall be used for the benefit of the employees at that facility at the direction of the superintendent of the facility.

SECTION 2. Section 47-5-109, Mississippi Code of 1972, is amended as follows:

47-5-109. (1) The department may operate a facility or facilities to be known as an inmate canteen facility or facilities, * * * to make available certain goods and other items of value for purchase by offenders confined at the State Penitentiary at Parchman, offenders confined at any other facility of the department, certain employees of the department and certain persons visiting offenders or employees. The commissioner shall promulgate rules and regulations for the operation of such a facility.

(2) Any funds which may be derived from the operation of an inmate canteen facility or facilities shall be deposited into an account to be known as the Canteen Fund. For accounting purposes, certain allocated costs attributable to the operation of such a facility, and as prescribed by the rules and regulations * * *, shall be chargeable as operating costs against profits earned. These costs of operation which are chargeable shall include, but shall not be limited to, rent allocation, utility allocation and employee wages. Any net profits which may accrue from the operation of such a facility and any interest earned thereon shall be deposited into the Inmate Welfare Fund.

(3) Any profits derived from the operation of canteens and commissaries for employees and visitors of a facility shall be deposited into a separate account to be used for the benefit of employees at that facility at the direction of the superintendent of the facility.

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