House Bill 1018

AN ACT TO AMEND SECTION 47-5-20, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS TO PROVIDE JUSTIFICATION BEFORE CLOSING ANY REGIONAL CORRECTIONAL FACILITY OR COMMUNITY WORK CENTER; TO PROVIDE THAT SUCH JUSTIFICATION SHALL OCCUR AT HEARINGS BEFORE THE CORRECTIONS COMMITTEES AND APPROPRIATIONS COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-5-20, Mississippi Code of 1972, is amended as follows:

47-5-20. The commissioner shall have the following powers and duties:

(a) To establish the general policy of the department;

(b) (i) To approve proposals for the location of new facilities, for major renovation activities, and for the creation of new programs and divisions within the department as well as for the abolition of the same, except for the abolition of regional correctional facilities and community work centers which requires the commissioner to provide certain justification as prescribed under subparagraph (ii) of this paragraph * * *~~; provided, however, that~~ . The commissioner shall approve the location of no new facility unless the board of supervisors of the county or the governing authorities of the municipality in which the new facility is to be located shall have had the opportunity with at least sixty (60) days' prior notice to disapprove the location of the proposed facility. If either the board of supervisors or the governing authorities shall disapprove the facility, it shall not be located in that county or municipality. * * * ~~Said~~ The notice shall be made by certified mail, return receipt requested, to the members of the board or governing authorities and to the clerk thereof;

(ii) Before any regional correctional facility or community work center is abolished, the commissioner shall appear before the Corrections Committees and the Appropriations Committees of the Mississippi House of Representatives and Senate to submit to hearings in which the commissioner shall provide justification for a proposed abolishment;

(c) Except as otherwise provided or required by law, to open bids and approve the sale of any products or manufactured goods by the department according to applicable provisions of law regarding bidding and sale of state property, and according to rules and regulations established by the State Fiscal Management Board; and

(d) To adopt administrative rules and regulations including, but not limited to, offender transfer procedures, award of administrative earned time, personnel procedures, employment practices.

SECTION 2. This act shall take effect and be in force from and after July 1, 2014.