MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Appropriations
By: Senator(s) Gordon, Little, Huggins, Cuevas, Hyde-Smith, Simmons, Wilemon
AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS AND TO PAY THE EXPENSES OF COUNTIES FOR HOLDING STATE PRISONERS IN COUNTY JAILS, FOR FISCAL YEAR 2006.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
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, 2005, and ending June 30, 2006...
............................................ $ 208,351,780.00.
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, 2005, and ending June 30, 2006$ 13,197,735.00.
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
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 106,123,699.00
Travel and Subsistence.............. 452,934.00
Contractual Services..................... 17,000,000.00
Commodities.............................. 12,000,000.00
Capital Outlay:
Other Than Equipment................ 274,578.00
Equipment........................... 617,107.00
Subsidies, Loans and Grants.............. 96,044.00
Total.............................. $ 136,564,362.00
FUNDING:
General Funds........................... $ 126,275,537.00
Special Funds............................ 10,288,825.00
Total.............................. $ 136,564,362.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 3,201
Part Time........... 23
Time-Limited:Full Time........... 124
Part Time........... 0
MEDICAL SERVICES
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 236,810.00
Travel and Subsistence.............. 0.00
Contractual Services..................... 20,965,050.00
Commodities.............................. 0.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 0.00
Subsidies, Loans and Grants.............. 0.00
Total.............................. $ 21,201,860.00
FUNDING:
General Funds........................... $ 20,965,050.00
Special Funds............................ 236,810.00
Total.............................. $ 21,201,860.00
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$ 397,668.00
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.............................. $ 494,551.00
FUNDING:
General Funds........................... $ 494,551.00
Special Funds............................ 0.00
Total.............................. $ 494,551.00
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$ 576,833.00
Travel and Subsistence.............. 4,500.00
Contractual Services..................... 136,437.00
Commodities.............................. 1,551,641.00
Capital Outlay:
Other Than Equipment................ 180,000.00
Equipment........................... 208,898.00
Subsidies, Loans and Grants.............. 13,791.00
Total.............................. $ 2,672,100.00
FUNDING:
General Funds........................... $ 0.00
Special Funds............................ 2,672,100.00
Total.............................. $ 2,672,100.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 14
Part Time........... 0
Time-Limited:Full Time........... 0
Part Time........... 0
PRIVATE PRISONS
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 0.00
Travel and Subsistence.............. 0.00
Contractual Services..................... 38,310,945.00
Commodities.............................. 0.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 0.00
Subsidies, Loans and Grants.............. 0.00
Total.............................. $ 38,310,945.00
FUNDING:
General Funds........................... $ 38,310,945.00
Special Funds............................ 0.00
Total.............................. $ 38,310,945.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 0
Part Time........... 0
Time-Limited:Full Time........... 0
Part Time........... 0
REGIONAL FACILITIES
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 0.00
Travel and Subsistence.............. 0.00
Contractual Services..................... 16,886,846.00
Commodities.............................. 0.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 0.00
Subsidies, Loans and Grants.............. 0.00
Total.............................. $ 16,886,846.00
FUNDING:
General Funds........................... $ 16,886,846.00
Special Funds............................ 0.00
Total.............................. $ 16,886,846.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 0
Part Time........... 0
Time-Limited:Full Time........... 0
Part Time........... 0
LOCAL CONFINEMENT - COUNTY JAILS
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 0.00
Travel and Subsistence.............. 0.00
Contractual Services..................... 5,418,851.00
Commodities.............................. 0.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 0.00
Subsidies, Loans and Grants.............. 0.00
Total.............................. $ 5,418,851.00
FUNDING:
General Funds........................... $ 5,418,851.00
Special Funds............................ 0.00
Total.............................. $ 5,418,851.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 0
Part Time........... 0
Time-Limited:Full Time........... 0
Part Time........... 0
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. 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:
FY06
Performance Measures Target
Institutions - Parchman
Average Population (Inmates) 4,794
Participants in Programs (Inmates) 2,316
Successful Program Completion (Inmates) 1,005
Central MS Correctional Fac
Average Population (Inmates) 3,168
Participants in Programs (Inmates) 506
Successful Program Completion (Inmates) 306
South MS Correctional Fac
Average Population (Inmates) 2,170
Participants in Programs (Inmates) 1,046
Successful Program Completion (Inmates) 895
Community Corrections
Average Population (Offenders) 25,309
Farming
Vegetables Produced (Pounds) 3,600,000
Dozens of Eggs Sold (Dozens) 560,000
Parole Board
Number Paroled (Offenders) 1,250
Number of Paroles Revoked (Revocations) 225
Private Prisons
Private Prison Beds Funded (Beds) 4,715
Medical Services
Average Population Covered (Inmates) 15,186
Regional Facilities
Regional Prison Beds Funded (Beds) 2,750
Local Confinement
Approved Monthly Population (Inmates) 1,250
Unapproved Monthly Population (Inmates) 419
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 2007.
SECTION 5. 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/nonlethal fencing system at any of its maximum security units for that purpose.
SECTION 6. The department of its contracted medical provider will pay to a provider of a medical service for any and all incarcerated persons from a correctional or detention facility an amount no greater than the reimbursement rate applicable based on the Mississippi Medicaid reimbursement rate. This limitation applies to all medical care services, durable and nondurable goods, prescription drugs and medications provided to any and all incarcerated persons outside of the correctional or detention facility.
SECTION 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. None of the funds appropriated herein can be directly or indirectly associated with the ACA accreditation in the Community Services Division.
SECTION 14. 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 15. 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 and Local Confinement and Regional Facilities, 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 16. 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 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 17. It is the intention of the Legislature that the Department of Corrections shall have the authority to accept, budget and expend any portion of confiscated funds received in conjunction with its participating in investigations of illegal activities of any offender under the supervision of the agency. These funds shall be used to provide security enhancement within the Department of Corrections.
SECTION 18. 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 19. This act shall take effect and be in force from and after July 1, 2005.