MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Corrections
By: Senator(s) Barnett, Blackmon
AN ACT TO AMEND SECTION 47-5-11, MISSISSIPPI CODE OF 1972, TO PRESCRIBE SPECIFIC DATA TO BE COLLECTED BY THE MISSISSIPPI DEPARTMENT OF CORRECTIONS RELATIVE TO INMATE OFFENSE, INMATE SENTENCING, CORRECTIONAL FACILITY INMATE POPULATION AND STAFFING, AND PROBATION AND PAROLEE IDENTIFICATION; TO DIRECT THE DEPARTMENT TO PUBLISH DATASETS ON A CONFIDENTIAL BASIS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-5-11, Mississippi Code of 1972, is amended as follows:
47-5-11. (1) As used in this section, the term:
(a) "Department" means the Mississippi Department of Corrections.
(b) "Gang affiliation flag" means an indication that a defendant was involved in or associated with a criminal gang at the time of the current offense or at any time during current incarceration.
(c) "Earned release time credit earned" means a credit of time awarded to an inmate in accordance with [earned time section].
(d) "Habitual offender flag" means an indication that a defendant is a habitual offender as defined in Section 99-19-81.
(e) "Habitual violent felony offender flag" means an indication that a defendant is a habitual violent felony offender as defined in Section 99-19-83.
(f) "Prior incarceration within the state" means any prior history of a defendant's incarceration in a state correctional institution or facility.
(g) "Prison releasee reoffender flag" means an indication that the defendant has committed a felony after having served time in a state or federal prison in Mississippi or another state.
(h) "Sex offender flag" means an indication that a defendant was required to register as a sex offender as defined in [sex offense section].
(i) "Technical violation" means an act or omission by a person on probation, parole, or post release supervision that violates a condition or conditions of supervision placed on the offender by the sentencing judge, the department, or the parole board, other than an arrest or conviction for a new crime. An arrest for a new crime is not a technical violation.
(j) "Tentative release date" means the anticipated date that an inmate will be released from incarceration after the application of adjustments for any anticipated earned release or other time credit.
( * * *2) The Mississippi Department of
Corrections shall procure a data collection and reporting system that allows
the department to collect and keep current the following
information:
(a) Information related to each inmate, including:
(i) Identifying information, including name, date of birth, race, ethnicity, immigration status, gender, highest education level, case number and identification number assigned by the department.
(ii) Information related to each offense for which the person was convicted, including, but not limited to:
1. Description of each offense, including the statute or statutes violated.
2. Drug type for each drug charge, if known.
3. Flag designations defined in subsection (1) of this section, or any other flag the department identifies.
4. Date that a court entered the sentence.
5. Sentence imposed by the court.
6. Amount of time served in custody by the defendant related to each charge prior to sentencing that is credited at the time of disposition of the charge to reduce the imposed length of time the defendant will be incarcerated.
7. Total amount of court costs imposed by the court at the disposition of the case.
8. Total amount of fines imposed by the court at the disposition of the case.
9. Restitution amount ordered at sentencing.
10. The sentencing judge and court.
(iii) Date the inmate was admitted to the custody of the department for his or her current incarceration.
(iv) Current institution placement and the security level assigned to the institution.
(v) Custody level assignment.
(vi) Whether the reason for admission to the department is for a new conviction or a violation of probation or parole. For an admission for a probation or parole violation, the department shall report whether the violation was technical or was based on one or more arrests for one or more new violations of law for which the person has not yet been convicted.
(vii) Length of sentence served.
(viii) Length of concurrent or consecutive sentences served.
(ix) Tentative release date if the person were to serve the entire sentence incarcerated, and the tentative release date based on eligibility for parole and for other reductions in time to be served.
(x) Actual release date and reason for release, including whether the person completed their sentence, or was released due to parole, earned time, or other reason, which is to be specified; if granted parole, an indication of whether the person was granted presumptive parole.
(xi) Earned time granted.
(xii) Trusty status.
(xiii) Prior incarceration within the state.
(xiv) Disciplinary violation or violations while in custody and the disciplinary action or actions taken in response to the violation.
(xv) Disciplinary violation or violations after release, including any technical violation or arrest for a new crime committed, and the disciplinary action or actions taken in response to the violation.
(xvi) The inmate's case plan, including updated versions and status of progress, including a description of rehabilitative and educational programs which the inmate has completed while in custody, including, but not limited to, high school equivalency, post-secondary degrees, occupational certifications and similar credentials, addiction treatment, mental health treatment, and re-entry preparation courses.
(xvii) Any detainers the department is aware of.
(b) Information related to persons supervised by the department on probation or parole, including, but not limited to:
(i) Identifying information for each person supervised by the department on probation or parole, including name, date of birth, race, ethnicity, immigration status, gender, highest education level, case number and identification number assigned by the department.
(ii) Length of probation sentence imposed and amount of time that has been served on such sentence.
(iii) Projected termination date for probation or parole.
(iv) The post-release case plan and status of progress in meeting its requirements or recommendations.
(v) Revocation of probation or parole due to a violation, including whether the revocation is due to a technical violation of the conditions of supervision or from the commission of a new felony.
(c) Information related to prisons, including, but not limited to:
(i) Daily prison population of all inmates incarcerated in a state correctional institution or facility.
(ii) Daily number of correctional officers for each state correctional institution or facility and the number of vacancies in those positions.
(iii) Average daily cost per inmate at each state correctional institution or facility.
(iii) Per diem rates paid to each facility housing state inmates, including regional facilities, community work centers and local jails.
(d) The department shall maintain the data described in this subsection and any other data the department deems appropriate in a format that allows it to be aggregated in real time and the aggregated data published in real time in dashboard format on the department's website. The department shall also make the aggregated data available on the department's website in a modern, open, electronic format that is machine-readable and readily accessible by the public. Data for which real-time aggregating and posting is not feasible shall be aggregated and posted on the department's website as quickly as feasible but no less often than monthly. The department may use the reporting requirements in subsection (3) of this section to guide its development relevant portions of the dashboard.
( * * *3) The Department of Corrections
shall semiannually report information described in this subsection (3) to the
Oversight Task Force, and upon request, shall report the information to the
PEER Committee.
(a) Prison data, which shall include:
(i) The number of offenders entering prison on a new offense;
(ii) The number of offenders entering prison as a result of revocation of supervision;
(iii) The average sentence length for new prison sentences by offense type;
(iv) The average sentence length for offenders entering prison for a probation revocation;
(v) The average sentence length for offenders entering prison for a parole revocation;
(vi) The average percentage of prison sentence served in prison by offense type;
(vii) The average length of stay by offense type;
* * *
( * * *viii) Total prison population * * * by offense type and type of admission into
prison;
* * *
(ix) The number of rehabilitative and educational milestones described in subsection (2)(a)(xvi) of this section which have been achieved by the current population under department custody or supervision, listed by milestone, including, but not limited to, specific certifications earned;
(x) The number of inmates who are working in Prison Agricultural Enterprises and other job programs inside the prison, listed by program;
(xi) The number of inmates who are participating in work release programs, listed by facility.
(b) Probation data, which shall include:
(i) The number of offenders supervised on probation;
(ii) The number of offenders placed on probation;
(iii) The number of probationers revoked for a technical violation and sentenced to a term of imprisonment in a technical violation center;
(iv) The average length of time served in a technical violation center;
( * * *v) The number of probationers revoked
for a technical violation and sentenced to a term of imprisonment in another * * * facility other
than a technical violation center;
( * * *vi) The number of probationers who are
convicted of a new felony offense and sentenced to a term of imprisonment;
( * * *vii) The number of probationers held * * * in a county jail awaiting a
revocation hearing; and
( * * *viii) The average length of stay in
a county jail for probationers awaiting a revocation hearing.
(c) Post-release supervision data, which shall include:
(i) The number of offenders supervised on post-release supervision, by the type of supervision;
(ii) The number of offenders placed on post-release supervision;
(iii) The number of post-release probationers
revoked for * * *
one or more technical violations and sentenced to a term of
imprisonment in a technical violation center;
(iv) The number of post-release probationers revoked
for * * * one
or more technical violations and sentenced to a term of imprisonment
in another type of department of correction facility;
(v) The number of post-release probationers and the number of parolees who are convicted of a new felony offense and sentenced to a term of imprisonment;
(vi) The number of post-release probationers held
on a violation in a county jail awaiting a revocation hearing; * * *
(vii) The average length of stay in a county jail
for post-release probationers awaiting a revocation hearing * * *;
(viii) Recidivism rates by offense type and risk level, reported by the number of years since release. For the purposes of this report, "recidivism" means the commission of criminal acts that result in rearrest, reconviction or return to prison with or without a new sentence. The department shall report recidivism rates for one (1), three (3) and five (5) years following release from prison;
(ix) The number of people who have been paroled due to a designation as medically frail; and
(x) The number of people who have been granted presumptive parole.
(4) Information collected under this section which is confidential and exempt upon collection remains confidential and exempt when reported by the Department of Corrections under this section.
(5) The data collection and reporting system required in subsection (2) of this section shall allow appropriate access for agencies to query underlying data that is not public but is intrinsic to their work.
* * *
SECTION 2. This act shall take effect and be in force from and after July 1, 2024.