MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Corrections
By: Representative Weathersby
AN ACT TO REPEAL SECTIONS 47-5-531 THROUGH 47-5-571, 47-5-573 and 47-5-575, MISSISSIPPI CODE OF 1972, WHICH IS THE MISSISSIPPI PRISON INDUSTRIES ACT OF 1990; TO AMEND SECTIONS 47-5-66, 47-5-938 AND 47-5-1251, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Sections 47-5-531, 47-5-533, 47-5-535, 47-5-537, 47-5-539, 47-5-541, 47-5-543, 47-5-545, 47-5-547, 47-5-549, 47-5-551, 47-5-553, 47-5-555, 47-5-557, 47-5-559, 47-5-561, 47-5-563, 47-5-565, 47-5-567, 47-5-569, 47-5-571, 47-5-573 and 47-5-575, Mississippi Code of 1972, which provide for the Mississippi Prison Industries Act of 1990, are repealed.
SECTION 2. Section 47-5-66, Mississippi Code of 1972, is amended as follows:
47-5-66. (1) Except as provided in Section 47-5-64(3), it shall be the duty of the Department of Finance and Administration, with the approval of the Public Procurement Review Board, to lease lands at public contract upon the submission of two (2) or more sealed bids to the Department of Finance and Administration after having advertised the land for rent in newspapers of general circulation published in Jackson, Mississippi; Memphis, Tennessee; the county in which the land is located; and contiguous counties for a period of not less than two (2) successive weeks. The first publication shall be made not less than ten (10) days before the date of the public contract, and the last publication shall be made not more than seven (7) days before that date. The Department of Finance and Administration may reject any and all bids. If all bids on a tract or parcel of land are rejected, the Department of Finance and Administration may then advertise for new bids on that tract or parcel of land. Successful bidders shall take possession of their leaseholds at the time authorized by the Department of Finance and Administration. However, rent shall be due no later than the day upon which the lessee shall assume possession of the leasehold, and shall be due on the anniversary date for each following year of the lease. The Department of Finance and Administration may provide in any lease that rent shall be paid in full in advance or paid in installments, as may be necessary or appropriate. In addition, the Department of Finance and Administration may accept, and the lease may provide for, assignments of federal, state or other agricultural support payments, growing crops or the proceeds from the sale thereof, promissory notes, or any other good and valuable consideration offered by any lessee to meet the rent requirements of the lease. If a promissory note is offered by a lessee, it shall be secured by a first lien on the crop of the lessee, or the proceeds from the sale thereof. The lien shall be filed pursuant to Article 9 of the Uniform Commercial Code and Section 1324 of the Food Security Act of 1985, as enacted or amended. If the note is not paid at maturity, it shall bear interest at the rate provided for judgments and decrees in Section 75-17-7 from its maturity date until the note is paid. The note shall provide for the payment of all costs of collection and reasonable attorney's fees if default is made in the payment of the note. The payment of rent by promissory note or any means other than cash in advance shall be subject to the approval of the Public Procurement Review Board, which shall place the approval of record in the minutes of the board.
(2) There is created a special fund to be designated as the "Prison Agricultural Enterprises Fund" and to be used for the purpose of conducting, operating and managing the agricultural and nonagricultural enterprises of the department. Any monies derived from the leasing of Penitentiary lands, from the sales of timber as provided in Section 47-5-56, from the prison's agricultural enterprises or earmarked for the Prison Industries Fund shall be deposited to the special fund. However, fifteen percent (15%) of the monies derived from the leasing of Penitentiary lands under Section 47-5-64(3) shall be deposited to a special fund to be distributed annually on a student pro rata basis to the public schools located in Sunflower County by the Department of Finance and Administration.
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( * * *3) The state shall have the rights and
remedies for the security and collection of the rents given by law to
landlords.
( * * *4) Lands leased for agricultural
purposes under Section 47-5-64(2) shall be subject to a fee-in-lieu of ad
valorem taxes, including taxes levied for school purposes. The fee-in-lieu
shall be Nine Dollars ($9.00) per acre. Upon the execution of the agricultural
leases to private entities as authorized by Section 47-5-64(2), the Department
of Finance and Administration shall collect the in lieu fee and shall forward
the fees to the tax collector in which the land is located. The tax collector
shall disburse the fees to the appropriate county or municipal governing
authority on a pro rata basis. The sum apportioned to a school district shall
not be less than the school district's pro rata share based upon the proportion
that the millage imposed for the school district by the appropriate levying
authority bears to the millage imposed by the levying authority for all other
county or municipal purposes. Any funds obtained by the corporation as a
result of sale of goods and services manufactured and provided by it shall be
accounted for separate and apart from any funds received by the corporation
through appropriation from the State Legislature. All nonappropriated funds
generated by the corporation shall not be subject to appropriation by the State
Legislature.
( * * *5) Any land leased, as provided under
Section 47-5-64(2), shall not be leased for an amount less than would be
received if such land were to be leased under any federal loan program. In
addition, all leases shall be subject to the final approval of the Public
Procurement Review Board before such leases are to become effective.
SECTION 3. Section 47-5-938, Mississippi Code of 1972, is amended as follows:
47-5-938. (1) Offenders are encouraged to participate in work programs. The chief corrections officer as created in Section 47-5-935, with ratification of the board of supervisors of the county in which a correctional facility established pursuant to Sections 47-5-931 through 47-5-941, is located, may enter into agreements to provide work for any state offender housed in the facility, with the approval of the Commissioner of Corrections, to perform any work:
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( * * *a) Authorized in the Prison
Agricultural Enterprises Act as provided in Sections 47-5-351 through 47-5-357;
( * * *b) Authorized in the Penitentiary-Made
Goods Law of 1978 as provided in Sections 47-5-301 through 47-5-331;
( * * *c) Authorized in the Public Service
Work Programs Act as provided in Sections 47-5-401 through 47-5-421; and
( * * *d) Authorized in Section 47-5-431,
which authorizes the sheriff to use county or state offenders to pick up trash
along public roads and state highways.
(2) The chief corrections officer shall promulgate rules and regulations as may be necessary to govern the work performance of the offenders for the parties to the agreements. Political subdivisions of the State of Mississippi including but not limited to counties, municipalities, school districts, drainage districts, water management districts and joint county-municipal endeavors are to have free use of the offender's labor but are responsible for reimbursing the facility for costs of transportation, guards, meals and other necessary costs when the inmates are providing work for that political body. Offenders may be compensated for work performed if the agreement so provides.
(3) There is created a special fund in the county treasury to be known as the "offender's compensation fund." All compensation paid to offenders shall be placed in the special fund for use by the offenders to purchase certain goods and other items of value as authorized in Section 47-5-109, for offenders housed in state correctional facilities. As provided in Section 47-5-194, no cash is to be paid to offenders. The agreement shall provide that a certain portion of the compensation shall be used for the welfare of the offenders. All money collected from the regional jail canteen operations shall be placed in a county special fund. Expenditures from that fund can be made by the chief corrections officer for any lawful purpose that is in the best interest and welfare of the offenders. The chief corrections officer, his employees and the county or counties owning the facility are given the authority necessary to carry out the provisions of this section.
(4) The provisions of this section shall be supplemental to any other provisions of law regarding offender labor and work programs.
SECTION 4. Section 47-5-1251, Mississippi Code of 1972, is amended as follows:
47-5-1251. (1) There is
created the "Prison Industry Enhancement Program," through which the
Department of Corrections may contract * * * to employ
offenders within the custody of the department or prison industries. The
offenders must be under the supervision of the department at all times while
working. The offenders shall be paid, by the entity or entities, wages at a rate
which is not less than that paid for similar work in the locality in which the
work is performed. The wages may be subject to deductions which shall not, in
the aggregate, exceed eighty percent (80%) of gross wages. The deductions
shall be limited to the following:
(a) To pay federal, state and local taxes;
(b) To pay reasonable charges for room and board as determined by regulations issued by the Commissioner of Corrections;
(c) To support the offender's family pursuant to state statute, court order or agreement by the offender; and
(d) To pay contributions equaling not less than five percent (5%) but not more than twenty percent (20%) of the offender's gross wages into the Crime Victims' Compensation Fund as created in Section 99-41-29.
(2) Notwithstanding any other provision of the law to the contrary, the offenders shall not be qualified to receive any payments for unemployment compensation while incarcerated. However, the offenders shall not solely by their status as offenders be deprived of the right to participate in benefits made available by the federal or state government to other individuals on the basis of their employment, such as workers' compensation.
(3) Offenders who participate in the employment must do so voluntarily and must agree in advance to the specific deductions made from gross wages pursuant to this section and to all other financial arrangements or benefits resulting from participation in the employment.
(4) The Department of Corrections shall develop rules and regulations to meet the criteria established by the Bureau of Justice Assistance under the Prison Industry Enhancement Certification Program.
SECTION 5. This act shall take effect and be in force from and after July 1, 2016.