MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Corrections; Appropriations
By: Representative Scott
AN ACT TO CREATE THE CORRECTIONS STATE GRAND JURY ACT; TO PROVIDE THAT A CORRECTIONS STATE GRAND JURY SHALL HAVE THE SOLE PURPOSE OF INSPECTING STATE CORRECTIONAL FACILITIES; TO PROVIDE CERTAIN DEFINITIONS; TO PROVIDE THE IMPANELING PROCESS FOR A CORRECTIONS STATE GRAND JURY; TO PROVIDE THAT THE ATTORNEY GENERAL, OR HIS OR HER DESIGNEE, SHALL SERVE AS THE CORRECTIONS STATE GRAND JURY'S LEGAL ADVISOR; TO PROVIDE THE SELECTION PROCESS FOR THE CORRECTIONS STATE GRAND JURY; TO PROVIDE CERTAIN APPOINTMENT OF THE FOREMAN AND DEPUTY FOREMAN OF THE JURY; TO REQUIRE THAT PROCEEDINGS OF THE JURY SHALL BE RECORDED; TO PROVIDE THAT THE FOREMAN SHALL ADMINISTER AN OATH IN THE MANNER PRESCRIBED BY LAW FOR ANY WITNESSES WHO TESTIFY BEFORE THE JURY; TO PROVIDE THAT UPON THE CONCLUSION OF THE INVESTIGATIVE PROCESS OF A CORRECTIONS STATE GRAND JURY, SUCH JURY SHALL SUBMIT OF A REPORT PERTAINING TO ITS FINDINGS REGARDING THE CONDITIONS OF A CORRECTIONAL FACILITY AS WELL AS ANY POLICIES AND RECOMMENDATIONS TO IMPROVE CONDITIONS AT A CORRECTION FACILITY; AND FOR RELATED PURPOSES.
WHEREAS, there are over nineteen thousand (19,000) inmates who are in the custody of the Mississippi Department of Corrections; and
WHEREAS, the humane treatment of inmates while incarcerated can be ensured by an ongoing inspection and investigative process concerning the physical conditions of correctional facilities that ultimately influence the health and well being of inmates; and
WHEREAS, it is in the best interest of not only the State of Mississippi but also inmates who are incarcerated in the state's correction facilities, to have an ongoing monitoring process to ensure that facilities are maintained properly and that inmates are treated humanely; NOW, THEREFORE,
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. There is created the "Corrections State Grand Jury Act," and any corrections state grand jury which may be convened as provided herein shall be known as the "Corrections State Grand Jury of Mississippi."
SECTION 2. For purposes of this act:
(a) The phrase "Attorney General or his or her designee" also includes:
(i) The Attorney General or his or her designees;
(ii) The Attorney General and his or designee or designees.
(b) The term "impaneling judge" means any senior circuit court judge of any circuit court district who, upon petition by the Attorney General, impanels a corrections state grand jury under the provisions of this act and shall also include any successor to such judge as provided by law.
SECTION 3. There is established a corrections state grand jury system. Each corrections state grand jury shall consist of twenty (20) persons who may be impaneled and who may meet at any suitable location within the state as designated by the impaneling judge. Fifteen (15) members of a corrections state grand jury constitute a quorum.
SECTION 4. (1) The jurisdiction of a corrections state grand jury impaneled under this act extends throughout the state. The subject matter jurisdiction of a corrections state grand jury in all cases is limited to investigating the conditions of state correctional facilities.
(2) The Attorney General shall petition in writing to the senior circuit court judge of any circuit court district in this state for an order impaneling a corrections state grand jury. For the purposes of this act, such judge shall be referred to as the impaneling judge. The petition must allege the following:
(a) The type of correctional facility to be inquired into; and
(b) That the corrections state grand jury has jurisdiction to consider such matters;
(3) The impaneling judge, after due consideration of the petition, may order the impanelment of a corrections state grand jury in accordance with the petition for a term of twelve (12) calendar months. Upon petition by the Attorney General, the impaneling judge, by order, may extend the term of that correction state grand jury for a period of six (6) months, but the term of that state grand jury, including any extension thereof, shall not exceed two (2) years.
(4) The impaneling judge shall preside over the state grand jury until its discharge.
(5) The impaneling judge may discharge a corrections state grand jury prior to the end of its original term or any extensions thereof, upon a determination that its business has been completed, or upon the request of the Attorney General.
(6) If, at any time within the original term of any state grand jury or any extension thereof, the impaneling judge determines that the state grand jury is not conducting investigative activity within its jurisdiction or proper investigative activity, the impaneling judge may limit the investigations so that the investigation conforms with the jurisdiction of the state grand jury and existing law or he may discharge the state grand jury. An order issued pursuant to this subsection or under subsection (5) of this section shall not become effective less than ten (10) days after the date on which it is issued and actual notice given to the Attorney General and the foreman of the state grand jury, and may be appealed by the Attorney General to the Supreme Court. If an appeal from the order is made, the corrections state grand jury, except as otherwise ordered by the Supreme Court, shall continue to exercise its powers pending disposition of the appeal.
SECTION 5. The Attorney General or his or her designee shall attend sessions of a corrections state grand jury and shall serve as its legal advisor. The Attorney General or his or her designee shall examine witnesses, present evidence and draft indictments and reports upon the direction of a corrections state grand jury.
SECTION 6. The impaneling judge shall appoint a circuit clerk who shall serve as the clerk of the corrections state grand jury. The compensation of the state grand jury clerk shall be paid out of any available funds appropriated for that purpose.
SECTION 7. After the impaneling judge orders a term for the corrections state grand jury on petition of the Attorney General, the impaneling judge shall order that the circuit clerk for each county shall proceed to draw at random from the jury box as provided by Section 13-5-26, the name of one (1) voter of such county for each two thousand (2,000) voters or fraction thereof registered in such county and shall place these names on a list. The circuit clerk shall not disqualify or excuse any individual whose name is drawn. When the list is compiled, the clerk of the circuit court for each county shall forward the list to the clerk of the corrections state grand jury. Upon receipt of all the lists from the clerks of the circuit courts, the clerk of the corrections state grand jury shall place all the names so received upon a list which shall be known as the master list.
The impaneling judge shall order the clerk of the corrections state grand jury to produce the master list and shall direct the random drawing of the names of one hundred (100) persons from the master list. The names drawn shall be given to the clerk of the state grand jury who shall cause each person drawn for service to be served with a summons either personally by the sheriff of the county where the juror resides or by mail, addressed to the juror at his or her usual residence, business or post office address, requiring him to report for state grand jury service at a specified time and place as designated by the impaneling judge. From the one hundred (100) persons summoned, a corrections state grand jury shall be drawn for that term consisting of twenty (20) persons. Corrections state grand jurors must be drawn in the same manner as jurors are drawn for service on the county grand jury.
All qualified persons shall be liable to serve as corrections state grand jurors, unless excused by the court for one (1) of the following causes:
(a) When the juror is ill, or when on account of serious illness in the juror's family, the presence of the juror is required at home;
(b) When the juror's attendance would cause a serious financial loss to the juror or to the juror's business; or
(c) When the juror is under an emergency, fairly equivalent to those mentioned in the foregoing paragraphs (a) and (b).
An excuse of illness under paragraph (a) may be made to the state grand jury clerk outside of open court by providing the clerk with either a certificate of a licensed physician or an affidavit of the juror, stating that the juror is ill or that there is a serious illness in the juror's family. The test of an excuse under paragraph (b) shall be whether, if the juror were incapacitated by illness or otherwise for a week, some other persons would be available or could reasonably be procured to carry on the business for the week, and the test of an excuse under paragraph (c) shall be such as to be the fair equivalent, under the circumstances of that prescribed under paragraph (b). In cases under paragraphs (b) and (c) the excuse must be made by the juror, in open court, under oath.
It shall be unlawful for any employer or other person to persuade or attempt to persuade any juror to avoid jury service, or to intimidate or to threaten any juror in that respect. So to do shall be deemed an interference with the administration of justice and a contempt of court and punishable as such.
Every citizen over sixty-five (65) years of age shall be exempt from service if he claims the privilege. No qualified juror shall be excluded because of such reason, but the same shall be a personal privilege to be claimed by any person selected for state grand jury duty. Any citizen over sixty-five (65) years of age may claim this personal privilege outside of open court by providing the clerk of court with information that allows the clerk to determine the validity of the claim.
The corrections state grand jurors shall be charged by the impaneling judge as to their authority and responsibility under the law and each juror shall be sworn pursuant to Section 13-5-45. Nothing in this section shall be construed as limiting the right of the Attorney General or his or her designee to request that a potential state grand juror be excused for cause. The jury selection process shall be conducted by the impaneling judge. Jurors of a corrections state grand jury shall receive reimbursement for travel and mileage as provided for state employees by Section 25-3-41 and shall be paid per diem compensation in the amount provided by Section 25-3-69. All compensation and expenses for meals and lodging of corrections state grand jurors shall be paid out of any available funds appropriated for that purpose.
SECTION 8. The impaneling judge shall appoint one (1) of the jurors to be a foreman and another to be deputy foreman. During the absence of the foreman, the deputy foreman shall act as foreman. The foreman and deputy foreman shall be sworn pursuant to Section 13-5-45.
SECTION 9. After the corrections state grand jurors shall have been sworn and impaneled, no objections shall be raised by plea or otherwise, to the state grand jury, but the impaneling of the state grand jury shall be conclusive evidence of its competency and qualifications. However, any party interested may challenge the jury, except to the array, for fraud.
SECTION 10. The clerk of the state grand jury, upon request of the Attorney General or his or her designee, shall issue subpoenas, or subpoenas duces tecum to compel individuals, documents or other materials to be brought from anywhere in the state or another state to a corrections state grand jury. In addition, a state grand jury may proceed in the same manner as is provided for by law in relation to the issuance of subpoenas and subpoenas duces tecum; however, the provisions of such law shall not be considered a limitation upon this section, but shall be supplemental thereto. The subpoenas and subpoenas duces tecum may be for investigative purposes and for the retention of documents or other materials so subpoenaed for proper criminal proceedings. Any investigator employed by the Attorney General or any law enforcement officer with appropriate jurisdiction is empowered to serve such subpoenas and subpoenas duces tecum and receive such documents and other materials for return to a corrections state grand jury. Any person violating a subpoena or subpoena duces tecum issued pursuant to this act, or who fails to fully answer all questions put to him before proceedings of the state grand jury whenever the response thereto is not privileged or otherwise protected by law, including the granting of immunity as authorized by this act, or any other law, may be punished by the impaneling judge for contempt provided the response is not privileged or otherwise protected by law. The Attorney General or his or her designee may petition the impaneling judge to compel compliance by the person alleged to have committed the violation or who has failed to answer. If the impaneling judge considers compliance is warranted, he may order compliance and may punish the individual for contempt, as provided in Section 9-1-17, where the compliance does not occur. The clerk of the corrections state grand jury may also issue subpoenas and subpoenas duces tecum to compel individuals, documents or other materials to be brought from anywhere in the state to the trial of any indictment returned by a state grand jury or the trial of any civil forfeiture action arising out of an investigation conducted by a corrections state grand jury.
SECTION 11. Once a corrections state grand jury has entered into a term, the petition and order establishing and impaneling the state grand jury may be amended as often as necessary and appropriate so as to expand the areas of inquiry authorized by the order or to add additional areas of inquiry thereto, consistent with the provisions of this act. The procedures for amending this authority are the same as those for filing the original petition and order.
SECTION 12. A court reporter shall record either stenographically or by use of an electronic recording device, all corrections state grand jury proceedings. Subject to the limitations of Section 14 of this act and any rule of court, a defendant has the right to review and to reproduce the stenographically or electronically recorded materials. Transcripts of the recorded testimony or proceedings must be made when requested by the Attorney General or his or her designee. An unintentional failure of any recording to reproduce all or any portion of the testimony or proceeding shall not affect the validity of the prosecution. The recording or reporter's notes or any transcript prepared therefrom and all books, papers, records and correspondence produced before the state grand jury shall remain in the custody and control of the Attorney General or his or her designee unless otherwise ordered by the court in a particular case.
SECTION 13. The foreman shall administer an oath or affirmation in the manner prescribed by law to any witness who testifies before a corrections state grand jury.
SECTION 14. (1) Corrections state grand jury proceedings are secret, and a state grand juror shall not disclose the nature or substance of the deliberations or vote of the state grand jury. The only persons who may be present in the corrections state grand jury room when a corrections state grand jury is in session, except for deliberations and voting, are the state grand jurors, the Attorney General or his or her designees, an interpreter if necessary and the witness testifying. A corrections state grand juror, the Attorney General or his or her designees, any interpreter used and any person to whom disclosure is made pursuant to subsection (2)(b) of this section may not disclose the testimony of a witness examined before a state grand jury or other evidence received by it except when directed by a court for the purpose of:
(a) Ascertaining whether it is consistent with the testimony given by the witness before the court in any subsequent criminal proceedings;
(b) Determining whether the witness is guilty of perjury;
(c) Assisting local, state or federal law enforcement or investigating agencies, including another grand jury, in investigating crimes under their investigative jurisdiction;
(d) Providing the defendant the materials to which he is entitled pursuant to Section 12 of this act; or
(e) Complying with constitutional, statutory or other legal requirements or to further justice.
If the court orders disclosure of matters occurring before a corrections state grand jury, the disclosure shall be made in that manner, at that time, and under those conditions as the court directs.
(2) In addition, disclosure of testimony of a witness examined before a state grand jury or other evidence received by it may be made without being directed by a court to:
(a) The Attorney General or his or her designees for use in the performance of their duties; or
(b) Those governmental personnel, including personnel of the state or its political subdivisions, as are considered necessary by the Attorney General or his or her designee to assist in the performance of their duties to enforce the criminal laws of the state; however, any person to whom matters are disclosed under this paragraph (b) shall not utilize the state grand jury material for purposes other than assisting the Attorney General or his or her designee in the performance of their duties to enforce the criminal laws of this state. The Attorney General or his or her designees shall promptly provide the impaneling judge the names of the persons to whom the disclosure has been made and shall certify that he has advised these persons of their obligations of secrecy under this section.
(3) Nothing in this section affects the attorney-client relationship. A client has the right to communicate to his or her attorney any testimony given by the client to a state grand jury, any matters involving the client discussed in the client's presence before a corrections state grand jury and evidence involving the client received by a proffer to a corrections state grand jury in the client's presence.
(4) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding Five Thousand Dollars ($5,000.00), or by a term of imprisonment not exceeding one (1) year, or by both such fine and imprisonment.
(5) Corrections state grand jurors, the Attorney General and his or her designee, any interpreter used and the clerk of the state grand jury shall be sworn to secrecy and also may be punished for criminal contempt for violations of this section.
SECTION 15. Except for the prosecution of cases arising from indictments issued by the corrections state grand jury, the impaneling judge has jurisdiction to hear all matters arising from the proceedings of a corrections state grand jury, including, but not limited to, matters related to the impanelment or removal of state grand jurors, the quashing of subpoenas and the punishment for contempt.
SECTION 16. The Attorney General or his or her designee shall coordinate the scheduling of activities of any corrections state grand jury.
SECTION 17. The Attorney General shall make available suitable space for corrections state grand juries to meet.
SECTION 18. (1) Once a state grand jury makes all of its findings through its investigation concerning the conditions of a state correctional facility, the corrections state grand jury shall issue a report. Within thirty (30) days of the closure of the investigation, the corrections state grand jury shall submit a report to the Governor, Lieutenant Governor of the Senate, Speaker of the House of Representatives, the Chairmen of the Corrections Committees of the House of Representatives and the Senate and the Administrative Office of Courts. The Performance Evaluation and Expenditure Review Committee (PEER) shall provide staff support to the corrections state grand jury in preparing the report prescribed under this section.
(2) The report shall set forth the findings of the corrections state grand jury as a result of its inspections of correctional facilities and recommendations regarding policies and programs the corrections state grand jury has determined will improve the condition or operation of correctional institutions. The corrections state grand jury report shall be made available to the public on the websites of the Mississippi Department of Corrections and Mississippi Legislature. The version of the report made available to the public shall not identify any Mississippi Department of Corrections employee or incarcerated person by name.
SECTION 19. This act shall take effect and be in force from and after July 1, 2020.