House Bill 1041

AN ACT TO AMEND SECTION 47-5-109, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO STAFF ANY INMATE CANTEEN FACILITY WITH EMPLOYEES OF THE STATE OR WITH INMATES WHO ARE IN TRUSTY STATUS; TO PROHIBIT THE DEPARTMENT FROM CONTRACTING FOR INMATE CANTEEN FACILITY SERVICES WITH ANY VENDOR THAT DOES NOT HAVE ITS PRINCIPAL OFFICE WITHIN THE STATE OR DOES NOT HAVE ITS HEADQUARTERS WITHIN THE STATE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-5-109, Mississippi Code of 1972, is amended as follows:

47-5-109. (1) (a) The * * *~~State~~ Department of Corrections is hereby authorized to operate a facility or facilities to be known as an inmate canteen facility or facilities, the purpose of which is to make available certain goods and other items of value for purchase by offenders confined at the State Penitentiary at Parchman, offenders confined at any other facility of the department, certain employees of the department and certain persons visiting offenders or employees. The inmate canteen facility or facilities, authorized under this subsection, shall be staffed by employees of the state or inmates who are in trusty status. The commissioner shall promulgate rules and regulations for the operation of * * * ~~such~~ a facility or facilities.

(b) The Department of Corrections is prohibited from contracting with any vendor for inmate canteen facility services if the vendor does not have its principal office located within the state or if the vendor's headquarters are not located within the state. As used in this paragraph, "inmate canteen facility services" means the manufacturing, storage and delivery of goods, by way of a third-party vendor, to inmates of the department.

(2) Any funds which may be derived from the operation of an inmate canteen facility or facilities shall be deposited into an account to be known as the Canteen Fund. For accounting purposes, certain allocated costs attributable to the operation of such a facility, and as prescribed by the rules and regulations of the board, shall be chargeable as operating costs against profits earned. These costs of operation which are chargeable shall include, but shall not be limited to, rent allocation, utility allocation and employee wages. Any net profits which may accrue from the operation of such a facility and any interest earned thereon shall be deposited into the Inmate Welfare Fund.

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