Adopted

AMENDMENT NO 1 PROPOSED TO

Cmte Sub for House Bill No.  169

BY: Representative Malone

     AMEND after line 72 by inserting the following language and renumber the succeeding section:

     "SECTION 3.  (1)  It is lawful for there to be located within Bay Springs, Mississippi a correctional facility operated entirely by a private entity pursuant to a contractual agreement between such private entity and the federal government, any state, or a political subdivision of any state to provide correctional services to any such public entity for the confinement of inmates subject to the jurisdiction of such public entity.  Any person confined in such a facility pursuant to the laws of the jurisdiction from which he or she is sent shall be considered lawfully confined within this state.  The private entity shall assume complete responsibility for the inmates and shall be liable to the State of Mississippi for any illegal or tortious actions of such inmates.

     (2)  The Department of Corrections shall contract with the

local governing authorities of Bay Springs, Mississippi for the private incarceration of five-hundred (500) state inmates with the capacity to incarcerate up to one-thousand (1,000) state inmates  at a facility in Bay Springs, Mississippi.  Such contract shall provide that Bay Springs, Mississippi shall provide a site for a private prison at no charge to the state.  In addition, such contract shall provide utilities shall be run to the site of the private prison at no charge to the state.  Any contract must comply with the requirements of Section 47-5-1211 through Section 47-5-1227.

     (3)  It is lawful for there to be located within any county a correctional facility operated entirely by a private entity and the federal government to provide correctional services to the United States for the confinement of federal inmates subject to the jurisdiction of the United States.  Any person confined in a facility pursuant to the laws of the United States shall be considered lawfully confined within this state.  The private entity shall assume complete responsibility for the inmates and shall be liable to the State of Mississippi for any illegal or tortious actions of the inmates.

     A person convicted of simple assault on an employee of a private correctional facility while such employee is acting within the scope of his or her duty or employment shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than five (5) years, or both.

     A person convicted of aggravated assault on an employee of a private correctional facility while such employee is acting within the scope of his or her duty or employment shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than thirty (30) years, or both.

     (4)  If a private entity houses state inmates, the private entity shall not displace state inmate beds with federal inmate beds unless the private entity has obtained prior written approval from the Commissioner of Corrections.

     (5)  Inmates who are housed in the private prison authorized in this act are authorized to participate in the Prison Industry Enhancement (PIE) program which is authorized in Section 47-5-1251.  If inmates participate in such program, it is the intent of this legislation that the state shall be reimbursed for the work of such inmates who participate in the PIE program."
     AMEND FURTHER the title on line 10 by inserting the following language after the semicolon:

"TO AUTHORIZE BAY SPRINGS, MISSISSIPPI, TO OPERATE A PRIVATE PRISON TO HOUSE STATE INMATES; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO CONTRACT WITH THE GOVERNING AUTHORITIES OF BAY SPRINGS, MISSISSIPPI, FOR THE PRIVATE INCARCERATION OF SUCH INMATES; TO PROVIDE THAT SUCH PRIVATE PRISON SHALL HOUSE 500 STATE INMATES WITH THE ABILITY TO HOUSE 1000 STATE INMATES IF NEEDED; TO AUTHORIZE THAT INMATES WHO ARE HOUSED IN SUCH PRIVATE PRISONS MAY PARTICIPATE IN THE PRISON INDUSTRY ENHANCEMENT PROGRAM;"