Senate Bill 3086

AN ACT TO AMEND SECTION 47-5-1223, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SALARY AND EXPENSES OF THE DEPARTMENT OF CORRECTIONS' CONTRACT COMPLIANCE OFFICER SHALL BE REIMBURSED TO THE DEPARTMENT BY THE PRIVATE ENTITY WHICH HAS CONTRACTED TO OPERATE OR MANAGE A CORRECTIONAL FACILITY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-5-1223, Mississippi Code of 1972, is amended as follows:

47-5-1223. (1) The Commissioner of the Department of Corrections shall designate an existing employee of the Department of Corrections as a contract compliance officer within the department which shall monitor any contracts between the state and private entities for the operation and management of correctional facilities, and shall assure contractor compliance with its performance work statement and assure the provision of prisoner care requirements.

(2) The contract compliance officer shall be responsible for monitoring all aspects of each privatized correctional facility. The officer shall be provided an on-site work area, shall be on-site on a daily basis, and shall have access to all areas of the facilities and to offenders and staff at all times. The private contractor or contractors shall provide any and all data, reports and other materials that the contract compliance officer determines are necessary to carry out monitoring responsibilities under this section.

(3) The contract compliance officer shall report at least annually, or as requested, to the Governor, the Senate Committee on Corrections, the House Penitentiary Committee and the Joint Legislative Committee on Performance Evaluation and Expenditure Review on the performance of the private contractor or contractors.

(4) The salary and expenses of the contract compliance officer shall be reimbursed to the Department of Corrections by the private entity that has contracted to operate or manage a correctional facility.

SECTION 2. This act shall take effect and be in force from and July 1, 2010.