MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Corrections
By: Representatives Carpenter, Miles
AN ACT TO PROVIDE THAT THE MISSISSIPPI DEPARTMENT OF CORRECTIONS SHALL REIMBURSE CERTAIN COUNTIES $20.00 PER DAY FOR EACH OFFENDER PARTICIPATING IN A JOINT STATE-COUNTY WORK PROGRAM; TO PROVIDE THAT THE DEPARTMENT SHALL COVER THE COST ASSOCIATED WITH PROVIDING MEDICAL SERVICES TO THESE OFFENDERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This section shall apply to any county that on or after January 1, 2010, constructed or remodeled a county correctional facility in reliance on written documentation from the Mississippi Department of Corrections in which the department agreed to provide a certain number of offenders for joint state-county work programs under Sections 47-5-451 through 47-5-469.
(2) The county board of supervisors must submit a certified copy of the written documentation to the department before requesting reimbursement under subsection (3) of this section. Upon receipt, the department shall assign the number of offenders specified in the written documentation to the joint state-county work program in the county.
(3) Upon vouchers submitted by the board of supervisors of a county housing offenders for the joint state-county work program, the department shall pay to the county, out of any available funds, at least Twenty Dollars ($20.00) per day per offender for each day an offender participates in the program. Payment shall begin the day that the department receives a certified copy of the sentencing order and shall terminate on the day that the offender is released or otherwise removed from the program.
(4) The department or its contracted medical provider will pay a medical service provider the cost associated with providing medical services for offenders in the joint state-county work program. The amount shall be based upon negotiated fees as agreed to by the medical care service providers and the department and/or its contracted medical provider. In the absence of a negotiated discounted fee schedule, medical care service providers will be paid by the department or its contracted medical service provider an amount no greater than the reimbursement rate applicable based on the Mississippi Medicaid reimbursement rate. The county board of supervisors shall not be liable for any cost associated with medical attention for offenders in the work program that exceeds the Mississippi Medicaid reimbursement rate or the reimbursement provided by the Department of Corrections, whichever is greater. This limitation applies to all medical care services, durable and nondurable goods, prescription drugs and medications.
(5) Any payment received by the county under this section shall be placed in the county general fund and shall be expended only to pay the principal and interest on the debt incurred by the county in constructing or remodeling the county correctional facility. Additionally, the department shall assign offenders to the joint state-county work program in the county and make payments as provided in this section until the retirement of the debt incurred by the county in constructing or remodeling the county correctional facility.
(6) This section shall stand repealed from and after July 1, 2018.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.