House Bill 961

AN ACT TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO ADMINISTER THE ADULT BASIC EXAMINATION TO EACH ADULT OFFENDER WITHIN ITS CUSTODY; TO PROVIDE THAT IF SUCH OFFENDER FAILS THE EXAMINATION, HE OR SHE SHALL RECEIVE INDIVIDUALIZED INSTRUCTION AS WELL AS REMEDIAL CLASSES UNTIL HE OR SHE PASSES THE EXAMINATION; TO AMEND SECTION 47-5-142, MISSISSIPPI CODE OF 1972, TO REQUIRE THE COMMISSIONER OF THE DEPARTMENT TO AWARD MERITORIOUS EARNED TIME TO AN OFFENDER WHO SUCCESSFULLY COMPLETES THE EXAMINATION; AND FOR RELATED PURPOSES.

WHEREAS, between 1992 and 2012, the budget of the Mississippi Department of Corrections has increased three hundred ten percent (310%), and it had a budget of over Three Hundred Thirty-four Million Dollars ($334,000,000.00) in fiscal year 2018; and

WHEREAS, the Department of Corrections spent Three Hundred Thirty Million Dollars ($330,000,000.00) on corrections in fiscal year 2017, which is a significant increase from Two Hundred Seventy-six Million Dollars ($276,000,000.00) in 2003; and

WHEREAS, along with the budget increase, the state's prison population has increased all but four (4) years since 1990, which is a one hundred seventy percent (170%) increase in the last twenty-two (22) years; and

WHEREAS, a primary contributor of why crimes are committed by offenders is the lack of education; and

WHEREAS, Mississippi offenders who complete a prison education program have a three-year recidivism rate of about two percent (2%); and

WHEREAS, in 2013, the Mississippi Department of Corrections reported a recidivism rate of twenty-seven and sixty-five one hundredths percent (27.65%), the lowest in the country; and

WHEREAS, educational programs while offenders are incarcerated are key to ensuring that offenders will not reoffend; NOW, THEREFORE,

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

SECTION 1. (1) The Department of Correction's Adult Basic Education (ABE) division shall administer to each adult offender an examination that meets the twelfth grade educational requirements of the state. If an offender fails the examination in any subject area, the department shall provide a planned program of individualized instruction as well as remedial classes for the offender until he or she passes the examination.

(2) Any offender who successfully completes the ABE examination shall be awarded meritorious earned time as provided under Section 47-5-142.

SECTION 2. Section 47-5-142, Mississippi Code of 1972, is amended as follows:

47-5-142. (1) In order to provide incentive for offenders to achieve positive and worthwhile accomplishments for their personal benefit or the benefit of others, and in addition to any other administrative reductions of the length of an offender's sentence, any offender shall be eligible, subject to the provisions of this section, to receive meritorious earned time as distinguished from earned time for good conduct and performance.

(2) Subject to approval by the commissioner of the terms and conditions of the program or project, meritorious earned time may be awarded for the following: (a) successful completion of educational or instructional programs; (b) satisfactory participation in work projects; and (c) satisfactory participation in any special incentive program. Notwithstanding this subsection, the commissioner shall award any offender who successfully completes the Adult Basic Education examination meritorious earned time.

(3) The programs and activities through which meritorious earned time may be received shall be published in writing and posted in conspicuous places at all facilities of the department and such publication shall be made available to all offenders in the custody of the department.

(4) The commissioner shall make a determination of the number of days of reduction of sentence which may be awarded an offender as meritorious earned time for participation in approved programs or projects; the number of days shall be determined by the commissioner on the basis of each particular program or project.

(5) No offender shall be awarded any meritorious earned time while assigned to the maximum security facilities for disciplinary purposes.

(6) All meritorious earned time shall be forfeited by the offender in the event of escape and/or aiding and abetting an escape.

(7) Any officer or employee of the department who shall willfully violate the provisions of this section and be convicted therefor shall be removed from office or employment.

(8) An offender may forfeit all or any part of his meritorious earned time allowance for just cause upon the written order of the commissioner, or his designee. Any meritorious earned time allowance forfeited under this section shall not be restored nor shall it be re-earned by the offender.

SECTION 3. This act shall take effect and be in force from and after July 1, 2021.