MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Corrections; Judiciary B
By: Representative Kinkade
AN ACT TO AMEND SECTION 47-5-451, MISSISSIPPI CODE OF 1972, TO REVISE THE ELIGIBILITY REQUIREMENTS FOR JOINT STATE-COUNTY WORK PROGRAMS; TO AMEND SECTION 47-5-401, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-5-451, Mississippi Code of 1972, is amended as follows:
47-5-451. (1) There is hereby authorized, in each county of the state, a public service work program for state inmates in custody of the county. Such a program may be established at the option of the county in accordance with the provisions of Sections 47-5-401 through 47-5-421. The department shall also recommend rules and regulations concerning the participation of state inmates in the program.
(2) An inmate shall not be
eligible to participate in a work program established in accordance with the
provisions of Sections 47-5-401 through 47-5-421, if he or she has been
convicted * * * as a drug trafficking kingpin, as
defined under Section 27-3-80. In addition, an inmate shall not be eligible to
participate in such work program if he or she has been convicted of any of the
following crimes:
(a) Murder as provided in Sections 97-3-19, 97-3-23 and 97-3-25;
(b) Rape as provided in Sections 97-3-65 and 97-3-71;
(c) Sexual battery as provided in Section 97-3-95;
(d) Exploitation of a child as provided in Section 97-5-33; or
(e) Gratification of lust as provided in Section 97-5-23.
(3) The inmates participating in the work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421, are restricted to the performance of public service work for counties, municipalities, the state, nonprofit charitable organizations or churches, as defined by Section 501(c)(3) of the Internal Revenue Code of 1986, except that the Department of Corrections must approve all requests by nonprofit charitable organizations or churches to use offenders to perform any public service work. Upon request of the Board of Trustees of State Institutions of Higher Learning, or the board of trustees of a county school district, municipal school district or junior college district, the inmates may be permitted to perform work for such boards.
SECTION 2. Section 47-5-401, Mississippi Code of 1972, is amended as follows:
47-5-401. (1) There is hereby authorized, in each county of the state, a public service work program for state inmates in custody of the county. Such a program may be established at the option of the county in accordance with the provisions of Sections 47-5-401 through 47-5-421. The department shall also recommend rules and regulations concerning the participation of state inmates in the program.
(2) An inmate shall not be
eligible to participate in a work program established in accordance with the
provisions of Sections 47-5-401 through 47-5-421 if he or she has been
convicted * * * as a drug trafficking kingpin, as
defined under Section 27-3-80. In addition, an inmate shall not be eligible to
participate in such work program if he or she has been convicted of any of the
following crimes:
(a) Murder as provided in Sections 97-3-19, 97-3-23 and 97-3-25;
(b) Rape as provided in Sections 97-3-65 and 97-3-71;
(c) Sexual battery as provided in Section 97-3-95;
(d) Exploitation of a child as provided in Section 97-5-33; or
(e) Gratification of lust as provided in Section 97-5-23.
(3) The inmates participating in the work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421 are restricted to the performance of public service work for counties, municipalities, the state or nonprofit charitable organizations, as defined by Section 501(c)(3) of the Internal Revenue Code of 1986, except that the Department of Corrections must approve all requests by nonprofit charitable organizations to use offenders to perform any public service work. Upon request of the Board of Trustees of State Institutions of Higher Learning, or the board of trustees of a county school district, municipal school district or junior college district, the inmates may be permitted to perform work for such boards.
SECTION 3. This act shall take effect and be in force from and after July 1, 2017.