Senate Bill 2582

AN ACT TO AUTHORIZE THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH A WORK RELEASE PROGRAM IN COOPERATION WITH ANY SHERIFF; TO PROVIDE THAT PARTICIPANTS SHALL BE HOUSED BY THE SHERIFF; TO PROHIBIT PARTICIPATION OF ANY INMATE SENTENCED FOR A SEX CRIME; TO STATE THE GOALS OF THE WORK RELEASE PROGRAM; TO REQUIRE THE COMMISSIONER TO COLLECT DATA AND TRANSMIT THE DATA TO THE PEER COMMITTEE; TO SET FORTH ELIGIBILITY REQUIREMENTS; TO ESTABLISH A PROCEDURE FOR THE WORK RELEASE PROGRAM; TO REQUIRE PEER TO REVIEW THE WORK RELEASE PROGRAMS CREATED UNDER THIS ACT AND TO FILE A REPORT WITH THE LEGISLATURE; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Commissioner of the Department of Corrections is authorized to establish a work release program in cooperation with any sheriff. Participants in the program shall be housed at a suitable facility under the supervision of the sheriff but separate from county or state inmates not in the work release program. No person sentenced for a sex crime shall be eligible for participation in a program established under this act.

(2) The primary goals of the work release program are to improve public safety by reducing recidivism and to avoid unnecessary costs to taxpayers. The work release program is intended to enable participants to acquire some monetary savings prior to release from prison, improve job skills to make participants more employable, and to help participants re-establish ties with their families and communities.

(3) The department shall collect and maintain data which shall be shared with the Joint Legislative Committee on Performance Evaluation and Expenditure Review and Corrections and Criminal Justice Oversight Task Force semiannually in sortable electronic format. The first report shall be made by January 15, 2023, and in six-month intervals thereafter. The data shall include:

(a) Total number of participants at the beginning of each month by race, gender, offenses charged;

(b) Total number of participants at the end of each month by race, gender, offenses charged;

(d) Total number of participants who successfully completed the program in each month by race, gender, offenses charged;

(e) Total number of participants who left the program in each month and reason for leaving by race, gender, offenses charged;

(f) Total number of participants who were arrested for a new criminal offense while in the program in each month by race, gender, offenses charged;

(g) Total number of participants who were convicted of a new crime while in the program in each month by race, gender, offenses charged;

(h) Total number of participants who completed the program and were released from confinement who were subsequently returned to inmate status within three years of completing the program and length of time between release and subsequent incarceration;

(i) Total amount earned by participants and how the earnings were distributed in each month;

(j) Results of any initial risk and needs assessments conducted on each participant by race, gender, offenses charged; and

(k) Any other data or information as requested by the task force.

(4) Any person who has been sentenced to confinement in the department may request assignment to the work release program established under this act. Admission to the program shall be at the discretion of the department. The department may further authorize the offender to participate in educational or other rehabilitative programs designed to supplement his or her work release employment or to prepare the person for successful reentry. No offender shall be eligible for this program if they are more than two (2) years from their earliest release date.

(5) The department shall adopt and publish rules and regulations prior to accepting inmates. These rules and regulations shall at a minimum include all requirements for work release programs established pursuant Section 47-5-451 through 47-5-471. Employers participating shall pay no less than the prevailing wage for the position and under no circumstance pay less than the federal minimum wage. Employers shall provide employee benefits, including, but not limited to, workers compensation coverage and health insurance that are provided to non-participant employees of the employer. If employment does not include health care benefits the health care expenses of the participant shall be covered by the Department of Corrections.

(6) Any participant assigned to such a program who, without proper authority or just cause, leaves the area to which he or she has been assigned to work or attend educational or other rehabilitative programs, or leaves the vehicle or route of travel involved in his or her going to or returning from such place, will be guilty of escape as provided in Section 97-9-49. A participant who is found guilty under this section shall be ineligible for further participation in a work release program during his or her current term of confinement.

(7) The participant shall, maintain an account through a local financial institution. All earnings, after mandatory deductions, shall be deposited to the account and participant shall provide an accounting to the sheriff and/or department. The participant shall have access to the account to purchase incidental expenses. The participant may be required to make payments towards actual cost of housing, transportation and other expenses made necessary by operation of the program, not to exceed the lesser of the cost of the program or fifty percent (50%) of wages after mandatory deductions.

(8) The Joint Legislative Committee on Performance Evaluation and Expenditure Review shall conduct a review of all work release programs established under this act after two (2) years and produce a report to the Legislature. The PEER Committee shall seek the assistance of the Corrections and Criminal Justice Task Force and may seek assistance from any other criminal justice experts it deems necessary during its review.

(9) This section shall stand repealed on July 1, 2027.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022.