Senate Bill 2703

AN ACT TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO PROVIDE EXTENDED FAMILY VISITATION FOR ANY ELIGIBLE OFFENDER WHO IS COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 47-5-95, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Mississippi Department of Corrections shall promulgate rules and regulations for a visitation program for eligible offenders which will allow:

(a) A married offender to have visits not to exceed four (4) hours in a private setting with his or her spouse;

(b) Any offender to have visits not to exceed four (4) hours with his or her children and/or immediate family members.

(2) The rules and regulations promulgated by the department shall provide as follows:

(a) That the offender seeking such visits have a record of good behavior within the previous six (6) months of incarceration;

(b) That the offender seeking such visits shall not be incarcerated for child abuse, domestic violence or a sex crime; and

(c) That the offender and spouse may agree to complete any such medical screening that may be recommended by the department's medical staff before and after visits pursuant to subsection (1)(a).

SECTION 2. Section 47-5-95, Mississippi Code of 1972, is amended as follows:

47-5-95. (1) The members of the executive department, except the Governor and Lieutenant Governor, and judicial departments of the state and members of the Legislature, shall with advance notice to the commissioner be admitted into the correctional system or any facility thereof, and other places where offenders are kept and worked, at all proper hours, for the purpose of observing the conduct thereof, and may hold conversations with the offenders apart from all correctional system officials.

(2) In addition to those individuals described under subsection (1) of this section, other persons may visit a correctional system facility under such rules and regulations as may be established by the commissioner who shall be liable to the state on his bond for negligence in security and in an amount to be determined by the courts.

(3) Private marital visitation shall be allowed for any person who is married to an offender if the offender is eligible for such visitation as provided under Section 1 of this act. Additionally, family visitation shall be allowed for any child or immediate family member of an offender if the offender is eligible for such visitation as provided under Section 1 of this act.

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