House Bill 409

AN ACT TO AMEND SECTION 47-4-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A CONTRACT FOR THE HOUSING OF FEDERAL INMATES AT A PRIVATE CORRECTIONAL FACILITY IN LEFLORE COUNTY MAY BE ENTERED INTO BY A PRIVATE ENTITY, THE DEPARTMENT OF CORRECTIONS, AND/OR LEFLORE COUNTY; TO PROVIDE THAT CERTAIN LEASE AGREEMENTS MAY BE ENTERED INTO FOR THE CONVEYANCE OF CERTAIN REAL OR PERSONAL PROPERTY FOR THE HOUSING OF SUCH INMATES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-4-1, Mississippi Code of 1972, is amended as follows:

47-4-1. (1) It is lawful for there to be located within Wilkinson County and Leflore County 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 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

Board of Supervisors of Leflore County for the private

incarceration of not more than one thousand (1,000) state inmates at a facility in Leflore County. Any contract must comply with the requirements of Section 47-5-1211 through Section 47-5-1227.

(3) It is lawful for any county to contract with a private entity for the purpose of providing correctional services for the confinement of federal inmates subject to the jurisdiction of the United States. Any person confined in such 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 county or the State of Mississippi, as the case may be, for any illegal or tortious actions of the inmates.

(4) 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.

(5) The Department of Corrections may contract with the Tallahatchie County Correctional Facility authorized in Chapter 904, Local and Private Laws of 1999, for the private incarceration of not more than one thousand (1,000) state inmates at a facility in Tallahatchie County. Any contract must comply with the requirements of Section 47-5-1211 through Section 47-5-1227. No state inmate shall be assigned to the Tallahatchie County Correctional Facility unless the inmate cost per day is at least ten percent (10%) less than the inmate cost per day for housing a state inmate at a state correctional facility.

(6) 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.

(7) (a) For the purpose of housing federal inmates, it is lawful for there to be located within Leflore County a correctional facility to be operated by a private entity pursuant to a contractual agreement between such private entity, the federal government, the State of Mississippi, and/or Leflore County. Any correctional facility project under this subsection may include a separate Leflore County jail which may be located on the correctional facility site or adjacent to the correctional facility site.

(b)_ To further the provisions of this subsection, any private entity, the State of Mississippi and/or Leflore County may enter into any agreement for the conveyance of real property and/or personal property, including, but not limited to, a lease, a ground lease and leaseback arrangement, a sublease and/or other lease conveyances as lessor or lessee; provided, the term of any such lease agreement will not exceed forty (40) years. With respect to any contract or any conveyance of real or personal property under this subsection (7), or any other agreements related thereto, the Department of Corrections is fully authorized to enter such agreements and other arrangements on behalf of the State of Mississippi.

(c) If the provisions of this subsection (7) are inconsistent with the provisions of any other law, the provisions of this subsection shall be controlling. The powers conferred under this subsection shall be in addition and supplemental to the powers conferred by any other law. 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.

SECTION 2. This act shall take effect and be in force from and after July 1, 2013.