House Bill 808

AN ACT TO AMEND SECTION 47-5-933, MISSISSIPPI CODE OF 1972, TO INCREASE FROM $32.71 TO $34.00 THE AMOUNT THE DEPARTMENT OF CORRECTIONS PAYS PER DAY FOR EACH STATE OFFENDER HOUSED IN A REGIONAL CORRECTIONAL FACILITY; TO AMEND SECTION 47-5-909, MISSISSIPPI CODE OF 1972, TO INCREASE FROM $32.71 TO $34.00 THE AMOUNT THAT THE DEPARTMENT OF CORRECTIONS PAYS PER DAY TO COUNTY JAILS FOR HOUSING STATE OFFENDERS FOR 31 DAYS OR MORE UNDER CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-5-933, Mississippi Code of 1972, is amended as follows:

47-5-933. The Department of Corrections may contract for the purposes set out in Section 47-5-931 for a period of not more than twenty (20) years. The contract may provide that the Department of Corrections pay a fee of no more than * * * Thirty-four Dollars ($34.00) per day for each offender that is housed in the facility. The Department of Corrections may include in the contract, as an inflation factor, a three percent (3%) annual increase in the contract price. The state shall retain responsibility for medical care for state offenders to the extent that is required by law; provided, however, the department may reimburse each facility for contract medical services as provided by law in an amount not to exceed Six Dollars and Twenty-five Cents ($6.25) per day per offender.

SECTION 2. Section 47-5-909, Mississippi Code of 1972, is amended as follows:

47-5-909. (1) It is the policy of the Legislature that all inmates be removed from county jails as early as practicable. Sections 47-5-901 through 47-5-907 are temporary measures to help alleviate the immediate operating capacity limitations at correctional facilities and are not permanent measures to be included in the long-term operating capacity of the correctional system.

(2) Notwithstanding any other provision of law, to expedite the removal of inmates from county jails as early as practicable, absent a contract negotiated between the Department of Corrections and the county jail, the Department of Corrections shall pay county jails for housing state offenders out of any available funds as follows:

(a) Twenty-five Dollars ($25.00) per day per offender for days one (1) through thirty (30);

(b) * * * Thirty-four Dollars ($34.00) per day per offender for days thirty-one (31) or greater when:

(i) An offender remains in the county jail after the Department of Corrections receives a certified copy of the sentencing order or five (5) days after the sentencing order is sent, in writing, by such county to the Department of Corrections, whichever is earlier; or

(ii) An offender remains in the county jail after being revoked from parole or probation or is sentenced to a technical violation center.

(3) The Department of Corrections is additionally responsible for all medical costs related to offenders housed at county jails under subsection (2) of this section.

SECTION 3. This act shall take effect and be in force from and after July 1, 2024.