Senate Bill 2242

(As Passed the Senate)

AN ACT TO AMEND SECTION 47-5-401, MISSISSIPPI CODE OF 1972, TO ESTABLISH AN INMATE WORK PROGRAM WHERE STATE INMATES CAN WORK FOR THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION; TO EMPOWER THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO ESTABLISH ELIGIBILITY STANDARDS; TO AMEND SECTION 47-5-547, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO WORK WITH MAGCOR IN IMPLEMENTING THIS PROGRAM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-5-401, Mississippi Code of 1972, is amended as follows:

47-5-401. (1) There is hereby authorized, in each county of the state, a public service work program for state inmates in custody of the county. Such a program may be established at the option of the county in accordance with the provisions of Sections 47-5-401 through 47-5-421. The department shall also recommend rules and regulations concerning the participation of state inmates in the program.

(2) An inmate shall not be eligible to participate in a work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421 if he has been convicted of any crime of violence, including, but not limited to, murder, aggravated assault, rape, robbery or armed robbery.

(3) The inmates participating in the work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421 are restricted to the performance of public service work for counties, municipalities, the state or nonprofit charitable organizations, as defined by Section 501(c)(3) of the Internal Revenue Code of 1986, except that the Department of Corrections must approve all requests by nonprofit charitable organizations to use offenders to perform any public service work. Upon request of the Board of Trustees of State Institutions of Higher Learning, or the board of trustees of a county school district, municipal school district or junior college district, the inmates may be permitted to perform work for such boards.

(4) In addition to any programs established by authority of subsections (1) through (3) of this section, the Mississippi Department of Corrections shall establish an inmate work program under which eligible inmates shall perform services for the Mississippi Department of Transportation. The Mississippi Department of Corrections shall adopt rules necessary to implement the purposes of this act, including those necessary to define eligibility for participation in the program and inmate compensation. Such programs shall be established in each Mississippi Department of Transportation District. The Mississippi Department of Corrections may work with MAGCOR in implementing this program.

SECTION 2. Section 47-5-547, Mississippi Code of 1972, is amended as follows:

47-5-547. (1) Except as otherwise specifically provided by law, any training program or auxiliary program associated with any existing prison industry shall be transferred to the corporation. The corporation is empowered and authorized to establish in participation with any community or junior college or state institution of higher learning, any training or auxiliary program for existing prison industries or for any industries which the corporation might create. Such community or junior college or state institution of higher learning shall provide assistance in business planning, marketing and analysis of existing or projected industries. These industrial services shall be contracted with any appropriate community or junior college or state institution of higher learning when these industries are developed at other correction sites.

(2) The Mississippi Department of Corrections may assign the management and oversight of the work release program established by Section 1 of this act to the prison industries corporation (MAGCOR) if it determines that this will be conducive to providing effective job training for state inmates.

SECTION 3. This act shall take effect and be in force from and after July 1, 2025, and shall stand repealed on June 30, 2025.