MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Corrections

By: Representative Kinkade

House Bill 1287

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 47-5-124, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO REVISE THE UNIFORMS WORN BY STATE OFFENDERS WHO ARE HOUSED BY THE DEPARTMENT BY REMOVING THE WORD "CONVICT" FROM THE UNIFORMS AND BY REPLACING SUCH WORD WITH "M.D.O.C." AND BY REMOVING THE STRIPES FROM THE UNIFORMS; TO BRING FORWARD SECTION 47-4-11, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

          SECTION 1.  Section 47-5-124, Mississippi Code of 1972, is amended as follows:

     47-5-124.  (1)  Beginning * * *January 1, 1995 July 1, 2019, the Department of Corrections shall phase in the following uniform designations for all offenders housed by the Department of Corrections:

          (a)  Maximum security offenders - Red * * *and white horizontal stripes which are three (3) inches wide shirts;

          (b)  Medium security offenders - Black * * *and white horizontal stripes which are three (3) inches wide shirts; and

          (c)  Minimum security offenders - Green * * *and white horizontal stripes which are three (3) inches wide shirts.

     In addition to the shirts prescribed in this subsection, all offenders shall wear dungaree pants.

     No offender may wear any article of clothing that is not issued to the offender by the Department of Corrections.  * * *The word "convict" "M.D.O.C." must be written on the back of the shirt or other upper outer garment of clothing.

     (2)  No convict incarcerated in a state correctional facility or a private correctional facility may be authorized or permitted to operate, use or have in his possession during the term of his incarceration any radio, television, record player, tape player, recorder, compact disc player, stereo or computer, except when such devices are used in a work incentive program authorized and administered by the Department of Corrections.  The department shall develop and implement a plan to return such devices owned by inmates to the families of such inmates.

     (3)  No state correctional facility existing on August 23, 1994, and no correctional facility, public or private, constructed or contracted for under the provisions of this chapter shall include weight lifting equipment, except when such equipment is used in a work incentive program.

     (4)  An inmate is prohibited from possessing individual air conditioners.  However, the Department of Finance and Administration and Department of Corrections shall determine the feasibility and cost effectiveness of heating and refrigerated air conditioning equipment for the cooling and heating of a correctional facility constructed after August 23, 1994.

     SECTION 2.  Section 47-4-11, Mississippi Code of 1972, is brought forward as follows:

     47-4-11.  In order for the Mississippi Department of Corrections to manage funds budgeted and allocated in its Contractual Services budget category, the commissioner of the department shall have the authority to amend, extend and/or renew the term of any lease agreement or any inmate housing agreement in connection with a private correctional facility.  Notwithstanding any statutory limits to the contrary, such amendment, extension and/or renewal may be for a length of time up to and including ten (10) years as is necessary for the continued operations of such facilities and implementation of the department's duties and responsibilities in accordance with Title 47 of the Mississippi Code of 1972, as amended.

     Section 3.  This act shall take effect and be in force from and after July 1, 2019.