House Bill 1287

AN ACT TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO DEVELOP A PILOT PROGRAM TO PHASE IN CERTAIN UNIFORM DESIGNATIONS FOR STATE OFFENDERS WHO ARE HOUSED IN PRIVATE CORRECTIONAL FACILITIES; TO AMEND SECTIONS 47-5-124 AND 47-4-11, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; AND FOR RELATED PURPOSES.

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

SECTION 1. The Department of Corrections shall develop a pilot program to phase in the following uniform designations for state offenders who are housed in a private correctional facility:

(a) Maximum security offenders - red shirts;

(b) Medium security offenders - black shirts; and

Additionally, all offenders shall wear dungaree pants that have a stripe that coincides with the color of his or her designated classification as prescribed under this section.

SECTION 2. Section 47-5-124, Mississippi Code of 1972, is amended as follows:

47-5-124. (1) Except as provided under Section 1, of this act, beginning January 1, 1995, 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;

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

No offender may wear any article of clothing that is not issued to the offender by the Department of Corrections. The word "convict" 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 3. Section 47-4-11, Mississippi Code of 1972, is amended 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. Such authority shall include any amendments, extensions and/or renewals to any lease agreement or any inmate housing agreement in order to execute the provisions of Section 1 of this act. 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 4. This act shall take effect and be in force from and after July 1, 2019.