House Bill 1291

AN ACT TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO CREATE A STATEWIDE WORK RELEASE PROGRAM AT ANY FACILITY THAT IS APPROVED TO HOUSE STATE OFFENDERS, WHICH IS TO INCLUDE COUNTY CORRECTIONAL FACILITIES; TO PROVIDE ELIGIBILITY REQUIREMENTS FOR OFFENDER PARTICIPATION FOR THE PROGRAM; TO PROVIDE THAT ELIGIBLE INMATES MAY REQUEST TO PARTICIPATE IN THE PROGRAM AND A THIRD-PARTY COORDINATOR SHALL SELECT INMATES FOR ADMISSION TO THE PROGRAM, WITH OVERSIGHT FROM THE DEPARTMENT; TO PROVIDE THAT AN OFFENDER MAY BE REMOVED FROM THE PROGRAM IF RULES ARE VIOLATED; TO PROVIDE THAT WAGES EARNED BY THE OFFENDER SHALL BE UTILIZED TO PAY CHILD SUPPORT, FINES, RESTITUTION AND OTHER EXPENSES; TO PROVIDE THAT THE DEPARTMENT SHALL PAY A CERTAIN DAILY AMOUNT TO COUNTIES THAT HOUSE INMATES WHO PARTICIPATE IN THE PROGRAM; TO REQUIRE THE COORDINATOR TO COLLECT CERTAIN DATA PERTAINING TO THE PARTICIPANTS OF THE PROGRAM AND TO PROVIDE THAT SUCH DATA SHALL BE SHARED WITH THE JOINT LEGISLATIVE COMMITTEE ON PERFORMANCE EVALUATION AND EXPENDITURE REVIEW (PEER) AND THE CORRECTIONS AND CRIMINAL JUSTICE OVERSIGHT TASK FORCE; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) (a) The Department of Corrections is authorized to create a statewide work release program at any facility that is approved to house state inmates, and in conjunction with any sheriff who chooses to house state inmates in county facilities.

(b) The department shall:

(i) Have the ultimate authority for oversight of the administration of the program;

(ii) Delegate the administration of the program to a third-party coordinator; and

(iii) Approve the selection of inmates for admission to the program.

(2) In any county facility under the oversight of a board of supervisors, the sheriff of that county may delegate the administration of the program to a third-party coordinator.

(3) (a) An inmate is eligible for participation in the program if the inmate has:

(i) No more than three (3) years remaining on the inmate's sentence;

(ii) Not been convicted under Section 97-9-49 within the last five (5) years; and

(iii) Not been sentenced for a sex offense as defined in Section 45-33-23(h).

(b) Any inmate that meets the eligibility requirements of paragraph (a) may request assignment to the work release

program established under this section.

(4) (a) The coordinator shall select inmates for admission to the program, with oversight from the department.

(b) An inmate currently participating in vocational training or a soft skills training program shall have priority in

admission to the program.

(5) (a) The coordinator may authorize the inmate to participate in educational or other rehabilitative programs designed to supplement work program employment or to prepare the person for successful reentry.

(b) Before accepting any participants to the program, the coordinator, in consultation with the department, shall

adopt and publish rules and regulations to effectuate this section no later than three (3) months after July 1, 2024. These rules and regulations shall include all protection requirements for work release programs established pursuant to Sections 47-5-451 through 47-5-471. Participating employers shall pay no less than the prevailing wage for the position and shall under no circumstance pay less than the federal minimum wage.

(6) Any inmate assigned to the program who, without proper authority or just cause, leaves the area to which he 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. An offender who is convicted under Section 97-9-49 shall be ineligible for further participation in the work program during his or her current term of confinement.

(7) No inmate participating in the work release program shall be employed in a position which would necessitate a need to cross into another state as a part of his employment.

(8) (a) The inmate shall maintain an account through a local financial institution and shall provide a copy of a check stub to the coordinator.

(b) The inmate shall be required:

(i) To pay taxes from the inmate's gross wages as required by the state and federal governments.

(ii) To pay no more than actual cost to the coordinator for administrative expenses, to include transportation costs and cost of maintenance of the inmate in his place of confinement and reimbursement for same, of the inmate's net wage.

(iii) To pay the remaining inmate's net wages to the inmate according to the following schedule:

1. To pay twenty-five percent (25%) of the inmate's net wages for the following purposes:

a. To pay support of dependents or to the Mississippi Department of Human Services on behalf of dependents as may be ordered by a judge of competent

jurisdiction; and

b. To pay any fines, restitution, or costs as ordered by the court to include any fines and fees associated with obtaining a valid driver's license upon release.

2. To save fifty percent (50%) of the inmate's net wages in the account required under paragraph (a) of this subsection. Monies under this sub-item shall be made available to the inmate upon parole or release.

3. The inmate shall have access to the remaining twenty-five percent (25%) of the monies to purchase incidental expenses.

(c) The department shall pay the sum of Ten Dollars ($10.00) per day, to the county, for any participating state inmate who is housed in a county facility.

(9) The coordinator shall collect and maintain data which shall be shared annually with the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) and the Corrections and Criminal Justice Oversight Task Force in sortable electronic format. The first report shall be made on or before January 15, 2025, and annually thereafter unless the legislature establishes a different schedule. The data shall include the following:

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

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

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

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

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

(h) Total number of participants who completed the program and were convicted of a new crime within three (3) years of completing the program;

(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, and offenses charged;

(k) Total list of participating employers;

(l) Total list of jobs acquired by participants;

(m) Total list of the hourly wage paid to each participant;

(n) Total costs associated with program operations;

(o) Total list of participating financial institutions;

(p) The number of accounts opened by participants at financial institutions;

(q) The average hourly wage earned in the program; and

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

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.