Bill Text: MS HB101 | 2014 | Regular Session | Introduced
Bill Title: Department of Corrections; revise administrative review appeals procedure.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [HB101 Detail]
Download: Mississippi-2014-HB101-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Judiciary A
By: Representative Baker
House Bill 101
AN ACT TO AMEND SECTIONS 47-5-803 AND 47-5-807, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ADMINISTRATIVE APPEALS INVOLVING THE DEPARTMENT OF CORRECTIONS SHALL BE CONDUCTED BY A THREE JUDGE PANEL; TO PROVIDE THAT APPEALS FROM THE PANEL SHALL BE TO THE SUPREME COURT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-5-803, Mississippi Code of 1972, is amended as follows:
47-5-803. (1) Upon approval of the administrative review procedure by a federal court as authorized and required by the Civil Rights of Institutionalized Persons Act, and the implementation of the procedure within the department, this procedure shall constitute the administrative remedies available to offenders for the purpose of preserving any cause of action such offenders may claim to have against the State of Mississippi, the Department of Corrections or its officials or employees.
(2) No * * *
three (3) judge
panel as provided in Section 47-5-807 shall entertain an offender's
grievance or complaint which falls under the purview of the administrative
review procedure unless and until such offender shall have exhausted the
remedies as provided in such procedure. If at the time the petition is filed
the administrative review process has not yet been completed, the * * *
panel shall stay the
proceedings for a period not to exceed ninety (90) days to allow for completion
of the procedure and exhaustion of the remedies thereunder.
SECTION 2. Section 47-5-807, Mississippi Code of 1972, is amended as follows:
47-5-807. Any offender who is aggrieved by an adverse decision rendered pursuant to any administrative review procedure under Sections 47-5-801 through 47-5-807 may, within thirty (30) days after receipt of the agency's final decision, seek judicial review of the decision. Judicial review shall be conducted by a three (3) judge panel comprised of circuit court judges appointed by the Chief Justice of the Supreme Court. Any appeal of the decision of the panel shall be made to the Supreme Court.
SECTION 3. This act shall take effect and be in force from and after July 1, 2014.
