MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Corrections
By: Representative Ford (54th)
AN ACT TO AMEND SECTION 47-5-1251, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF THE REPEALER ON THE PRISON INDUSTRY ENHANCEMENT PROGRAM THROUGH WHICH CERTAIN OFFENDERS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS MAY BE EMPLOYED BY THE NONPROFIT CORPORATION FORMED UNDER THE MISSISSIPPI PRISON INDUSTRIES ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-5-1251, Mississippi Code of 1972, is amended as follows:
47-5-1251. (1) There is created the "Prison Industry Enhancement Program," through which the Department of Corrections may contract with the nonprofit corporation organized and formed under the "Mississippi Prison Industries Act of 1990" to employ offenders within the custody of the department or prison industries.
(2) Except as provided in Section 47-5-579, which is the provision authorizing a work initiative, the offenders must be under the supervision of the department at all times while working. The offenders shall be paid, by the entity or entities, wages at a rate which is not less than that paid for similar work in the locality in which the work is performed. The wages may be subject to deductions which shall not, in the aggregate, exceed eighty percent (80%) of gross wages. The deductions shall be limited to the following:
(a) To pay federal, state and local taxes;
(b) To pay reasonable charges for room and board as determined by regulations issued by the Commissioner of Corrections;
(c) To support the offender's family pursuant to state statute, court order or agreement by the offender; and
(d) To pay contributions equaling not less than five percent (5%) but not more than twenty percent (20%) of the offender's gross wages into the Crime Victims' Compensation Fund as created in Section 99-41-29.
(3) Notwithstanding any other provision of the law to the contrary, the offenders shall not be qualified to receive any payments for unemployment compensation while incarcerated. However, the offenders shall not, solely by their status as offenders, be deprived of the right to participate in benefits made available by the federal or state government to other individuals on the basis of their employment, such as workers' compensation.
(4) Offenders who participate in the employment must do so voluntarily and must agree in advance to the specific deductions made from gross wages pursuant to this section and to all other financial arrangements or benefits resulting from participation in the employment.
(5) The Department of Corrections shall develop rules and regulations to meet the criteria established by the Bureau of Justice Assistance under the Prison Industry Enhancement Certification Program.
(6) 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, 2024.