House Bill 169

AN ACT TO AMEND SECTION 99-37-19, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO CONTRACT WITH THE BOARD OF SUPERVISORS OF ANY COUNTY WITHIN SOUTHWEST MISSISSIPPI TO HOUSE TWO HUNDRED FIFTY OFFENDERS IN A RESTITUTION CENTER; TO REQUIRE THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF HUMAN SERVICES TO INSTITUTE AND ADMINISTER SERVICES AT ANY SUCH RESTITUTION CENTER; TO AMEND SECTION 99-37-21, MISSISSIPPI CODE OF 1972, IN CONFORMITY WITH THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 99-37-19, Mississippi Code of 1972, is amended as follows:

99-37-19. (1) The boards of supervisors of the several counties and the governing authorities of municipalities are hereby authorized to cooperate with the Department of Corrections in the establishment of restitution centers. Such centers may house both probationers referred by the circuit courts as well as inmates transferred from other facilities of the Department of Corrections as provided in Section 47-5-110. In order to qualify for placement in a restitution center, an offender must: (a) be convicted of a nonviolent offense that constitutes a felony, (b) not be convicted of a sex crime, and (c) not have drug, alcohol, emotional or physical problems so serious that the offender appears unlikely to meet obligations of the restitution program. Except as provided in subsection (3) of this section, such centers shall be operated by the Department of Corrections. County or municipal property may be utilized with the approval of the board of supervisors or municipal governing authority for the construction, renovation and maintenance of facilities owned by the state or a local political subdivision. Such facility may be leased to the Department of Corrections for a period of time for use as a restitution center.

(2) Except as provided in subsection (3) of this section, it is the intent of this section that county and local governments contribute only to the establishment, renovation and maintenance of the physical plant of a restitution center and that the Department of Corrections support the operation of, and have sole jurisdiction over and responsibility for offenders in, such restitution program.

(3) The Department of Corrections may contract with the board of supervisors of any county located in southwest Mississippi (south of Interstate Highway 20 and west of the Pearl River) to house two hundred fifty (250) offenders in a restitution center owned or leased by the county. The board of supervisors of any such county shall be responsible for the housing, care and control of the offenders; however, the Department of Corrections and the Department of Human Services shall institute and administer services at any such restitution center as provided in Section 99-37-21.

This section shall stand repealed on July 1, 2007.

SECTION 2. Section 99-37-21, Mississippi Code of 1972, is amended as follows:

99-37-21. (1) The Department of Human Services and the Department of Corrections may cooperate in the institution and administration of services at restitution centers as authorized by Section 99-37-19 and at other facilities which provide opportunities for restitution for criminal acts.

(2) The Department of Human Services and the Department of Corrections * * *, jointly or separately, shall:

(a) * * * Seek funding from federal or other sources to provide the maximum supportive services for offenders and the families of offenders who are participating in restitution programs;

(b) * * * Develop additional programs whereby offenders may be afforded opportunities to contribute to society and the support of their families through restitution programs; and

(c) * * * Develop pilot programs of counseling, training and supervision for parolees whereby restitution may be accomplished. Such programs may be residential or nonresidential as appropriate.

SECTION 3. This act shall take effect and be in force from and after July 1, 2006.