Bill Text: MS HB685 | 2020 | Regular Session | Enrolled

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Bill Title: State offenders; extend repealer on authority to house in county jails when state space is unavailable.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2020-07-08 - Approved by Governor [HB685 Detail]

Download: Mississippi-2020-HB685-Enrolled.html

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MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Corrections

By: Representatives Turner, Hudson, Karriem, Mickens, Anthony

House Bill 685

(As Sent to Governor)

AN ACT TO REENACT SECTIONS 47-5-901 THROUGH 47-5-909, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZE AND ESTABLISH CONDITIONS FOR THE HOUSING OF STATE OFFENDERS IN COUNTY JAILS WHENEVER THE COMMISSIONER OF CORRECTIONS DETERMINES THAT PHYSICAL SPACE IS NOT AVAILABLE IN THE STATE CORRECTIONAL INSTITUTIONS; TO REENACT AND AMEND SECTION 47-5-901, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SENTENCING COURT, SHERIFF OR PRESIDENT OF THE BOARD OF SUPERVISORS OF A COUNTY WHERE AN INMATE IS CONVICTED TO REQUEST FROM THE DEPARTMENT OF CORRECTIONS THAT SUCH INMATE SERVE ALL OR PART OF HIS OR HER SENTENCE IN THE COUNTY JAIL; TO PROVIDE THAT WHENEVER A DENIAL IS MADE REGARDING THE REQUEST TO HAVE AN INMATE SERVE HIS OR HER SENTENCE IN THE COUNTY JAIL, THE COMMISSIONER OF CORRECTIONS MUST CERTIFY IN WRITING THAT THE INMATE DOES NOT QUALIFY TO SERVE HIS OR HER SENTENCE IN THE COUNTY JAIL; TO AMEND SECTION 47-5-911, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF THE REPEALER ON THOSE REENACTED CODE SECTIONS; TO AMEND SECTION 47-5-26, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF CORRECTIONS TO EMPLOY A DEPUTY COMMISSIONER FOR PROGRAMS, EDUCATION, RE-ENTRY, AND VOCATIONAL REHABILITATION SERVICES; TO PROVIDE THAT THE STATE PAROLE BOARD SHALL SELECT ITS ADMINISTRATIVE ASSISTANT FOR PAROLE MATTERS; TO AMEND SECTION 47-5-28, MISSISSIPPI CODE OF 1972, TO REVISE THE MINIMUM NUMBER OF TRANSITIONAL CENTER BEDS THAT MUST BE CONTRACTED FOR BY THE DEPARTMENT OF CORRECTIONS; TO AUTHORIZE THE COMMISSIONER TO DESIGNATE DEPUTY COMMISSIONERS AS PEACE OFFICERS UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 47-5-471, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO REIMBURSE COUNTIES AT A CERTAIN RATE FOR EXPENSES RELATED TO THE HOUSING AND CARE OF STATE OFFENDERS WHO PARTICIPATE IN THE STATE-COUNTY WORK PROGRAM; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 47-5-901, Mississippi Code of 1972, is reenacted and amended as follows:

     47-5-901.  (1)  (a)  Any person committed, sentenced or otherwise placed under the custody of the Department of Corrections, on order of the sentencing court and subject to the other conditions of this subsection, may serve all or any part of his sentence in the county jail of the county wherein such person was convicted if the Commissioner of Corrections determines that physical space is not available for confinement of such person in the state correctional institutions.  Such determination shall be promptly made by the Department of Corrections upon receipt of notice of the conviction of such person.  The commissioner shall certify in writing that space is not available to the sheriff or other officer having custody of the person.  Any person serving his sentence in a county jail shall be classified in accordance with Section 47-5-905.

          (b)  Any person committed, sentenced or otherwise placed under the custody of the Department of Corrections, on order of the sentencing court and subject to the other conditions of this subsection, may serve all or any part of his or her sentence in the county jail of the county wherein such person was convicted if the sheriff or president of the board of supervisors, requests such inmate or inmates.  Upon such request, the department may allow such inmate or inmates to serve all or any part of such inmate's or inmates' sentence(s), as the case may be, in the county of conviction of the inmate or inmates.  Such determination shall be promptly made by the Department of Corrections upon receipt of notice of the conviction of such person.  Whenever a request is denied for an inmate or inmates, then the commissioner shall certify in writing to the sentencing court, sheriff, or president of the board of supervisors of a county, as the case may be, that such inmate or inmates does not qualify to serve the sentence or sentences in the county jail.  Any person serving his sentence in a county jail shall be classified in accordance with Section 47-5-905.

     (2)  If state prisoners are housed in county jails due to a lack of capacity at state correctional institutions, the Department of Corrections shall determine the cost for food and medical attention for such prisoners.  The cost of feeding and housing offenders confined in such county jails shall be based on actual costs or contract price per prisoner.  In order to maximize the potential use of county jail space, the Department of Corrections is encouraged to negotiate a reasonable per day cost per prisoner, which in no event may exceed Twenty Dollars ($20.00) per day per offender.

     (3)  (a)  Upon vouchers submitted by the board of supervisors of any county housing persons due to lack of space at state institutions, the Department of Corrections shall pay to such county, out of any available funds, the actual cost of food, or contract price per prisoner, not to exceed Twenty Dollars ($20.00) per day per offender, as determined under subsection (2) of this section for each day an offender is so confined beginning the day that the Department of Corrections receives a certified copy of the sentencing order and will terminate on the date on which the offender is released or otherwise removed from the custody of the county jail.  The department, or its contracted medical provider, will pay to a provider of a medical service for any and all incarcerated persons from a correctional or detention facility an amount based upon negotiated fees as agreed to by the medical care service providers and the department and/or its contracted medical provider.  In the absence of negotiated discounted fee schedule, medical care service providers will be paid by the department, or its contracted medical service provider, an amount no greater than the reimbursement rate applicable based on the Mississippi Medicaid reimbursement rate.  The board of supervisors of any county shall not be liable for any cost associated with medical attention for prisoners who are pretrial detainees or for prisoners who have been convicted that exceeds the Mississippi Medicaid reimbursement rate or the reimbursement provided by the Department of Corrections, whichever is greater.  This limitation applies to all medical care services, durable and nondurable goods, prescription drugs and medications.  Such payment shall be placed in the county general fund and shall be expended only for food and medical attention for such persons.

          (b)  Upon vouchers submitted by the board of supervisors of any county housing offenders in county jails pending a probation or parole revocation hearing, the department shall pay the reimbursement costs provided in paragraph (a).

          (c)  If the probation or parole of an offender is revoked, the additional cost of housing the offender pending the revocation hearing shall be assessed as part of the offender's court cost and shall be remitted to the department.

     (4)  A person, on order of the sentencing court, may serve not more than twenty-four (24) months of his sentence in a county jail if the person is classified in accordance with Section 47-5-905 and the county jail is an approved county jail for housing state inmates under federal court order.  The sheriff of the county shall have the right to petition the Commissioner of Corrections to remove the inmate from the county jail.  The county shall be reimbursed in accordance with subsection (2) of this section.

     (5)  The Attorney General of the State of Mississippi shall defend the employees of the Department of Corrections and officials and employees of political subdivisions against any action brought by any person who was committed to a county jail under the provisions of this section.

     (6)  This section does not create in the Department of Corrections, or its employees or agents, any new liability, express or implied, nor shall it create in the Department of Corrections any administrative authority or responsibility for the construction, funding, administration or operation of county or other local jails or other places of confinement which are not staffed and operated on a full-time basis by the Department of Corrections.  The correctional system under the jurisdiction of the Department of Corrections shall include only those facilities fully staffed by the Department of Corrections and operated by it on a full-time basis.

     (7)  An offender returned to a county for post-conviction proceedings shall be subject to the provisions of Section 99-19-42 and the county shall not receive the per-day allotment for such offender after the time prescribed for returning the offender to the Department of Corrections as provided in Section 99-19-42.

     SECTION 2.  Section 47-5-903, Mississippi Code of 1972, is reenacted as follows:

     47-5-903.  (1)  A person committed, sentenced or otherwise placed under the custody of the Department of Corrections, on order of the sentencing court, may serve his sentence in the county jail of the county where convicted if all of the following conditions are complied with:

          (a)  The person must be classified in accordance with Section 47-5-905;

          (b)  The person must not be classified as in need of close supervision;

          (c)  The sheriff of the county where the person will serve his sentence must request in writing that the person be allowed to serve his sentence in that county jail;

          (d)  After the person is classified and returned to the county, the county shall assume the full and complete responsibility for the care and expenses of housing such person; and

          (e)  The county jail must be an approved county jail for housing state inmates under federal court order.

     (2)  This section does not apply to inmates housed in county jails due to lack of space at state correctional facilities.  The department shall not reimburse the county for the expense of housing an inmate under this section.

     (3)  The Attorney General of the State of Mississippi shall defend the employees of the Department of Corrections and officials and employees of political subdivisions against any action brought by any person who was committed to a county jail under the provisions of this section.

     (4)  The state, the Department of Corrections, and its employees or agents, shall not be liable to any person or entity for an inmate held in a county jail under this section.

     SECTION 3.  Section 47-5-905, Mississippi Code of 1972, is reenacted as follows:

     47-5-905.  (1)  All persons placed under the custody of the Department of Corrections shall be processed at a reception and diagnostic center of the Department of Corrections and then be assigned to an appropriate correctional facility for a complete and thorough classification, not to exceed ninety (90) days, unless the department determines that a person can be properly processed and classified at the county jail in accordance with the department's classification plan.

     (2)  The Department of Corrections shall develop a plan for the processing and classification of inmates in county jails and shall implement the plan by January 1, 1993.

     SECTION 4.  Section 47-5-907, Mississippi Code of 1972, is reenacted as follows:

     47-5-907.  The sheriff of any county in this state shall have the right to petition the Commissioner of the Department of Corrections to remove a state inmate from the county jail in such county to the State Penitentiary.  The commissioner shall remove such inmate from such county jail if the sheriff of such county sets forth just cause in his petition indicating why an inmate should be removed from such county jail to the State Penitentiary.

     Just cause is established if such sheriff can sufficiently prove that such inmate has a dangerous behavior or sufficiently prove that there is no available or suitable medical facility where such inmate can be provided suitable medical services.  The commissioner shall respond in writing to the petition no later than thirty (30) days after the receipt of such petition.  If the petition to remove such inmate is denied by the commissioner, such sheriff and his agents shall have from the date of denial absolute immunity from liability for any injury resulting from subsequent behavior or from medical consequences regarding such inmate, provided that such injury resulted from conditions which were set forth in such petition.

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

     47-5-909.  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.

     SECTION 6.  Section 47-5-911, Mississippi Code of 1972, is amended as follows:

     47-5-911.  Sections 47-5-901 through 47-5-911 shall stand repealed on July 1, * * *2020 2024.

     SECTION 7.  Section 47-5-26, Mississippi Code of 1972, is amended as follows:

     47-5-26.  (1)  The commissioner shall employ the following personnel:

          (a)  A Deputy Commissioner for Administration and Finance, who shall supervise and implement all fiscal policies and programs within the department, supervise and implement all hiring and personnel matters within the department, supervise the department's personnel director, supervise and implement all purchasing within the department and supervise and implement all data processing activities within the department, and who shall serve as the Chief Executive Officer of the Division of Administration and Finance.  He shall possess either:

              (i)  A master's degree from an accredited four-year college or university in public or business administration, accounting, economics or a directly related field, and four (4) years of experience in work related to the above-described duties, one (1) year of which must have included line or functional supervision; or

              (ii)  A bachelor's degree from an accredited four-year college or university in public or business administration, accounting, economics or a directly related field, and six (6) years of experience in work related to the above-described duties, one (1) year of which must have included line or functional supervision.  Certification by the State of Mississippi as a certified public accountant may be substituted for one (1) year of the required experience.

          (b)  A Deputy Commissioner for Community Corrections, who shall initiate and administer programs, including, but not limited to, supervision of probationers, parolees and suspensioners, counseling, community-based treatment, interstate compact administration and enforcement, prevention programs, halfway houses and group homes, technical violation centers,  restitution centers, presentence investigations, and work and educational releases, and shall serve as the Chief Executive Officer of the Division of Community Services.  The Deputy Commissioner for Community Corrections is charged with full and complete cooperation with the State Parole Board and shall make monthly reports to the Chairman of the Parole Board in the form and type required by the chairman, in his discretion, for the proper performance of the probation and parole functions.  After a plea or verdict of guilty to a felony is entered against a person and before he is sentenced, the Deputy Commissioner for Community Corrections shall procure from any available source and shall file in the presentence records any information regarding any criminal history of the person such as fingerprints, dates of arrests, complaints, civil and criminal charges, investigative reports of arresting and prosecuting agencies, reports of the National Crime Information Center, the nature and character of each offense, noting all particular circumstances thereof and any similar data about the person.  The Deputy Commissioner for Community Corrections shall keep an accurate and complete duplicate record of this file and shall furnish the duplicate to the department.  This file shall be placed in and shall constitute a part of the inmate's master file.  The Deputy Commissioner for Community Corrections shall furnish this file to the State Parole Board when the file is needed in the course of its official duties.  He shall possess either:  (i) a master's degree in counseling, corrections psychology, guidance, social work, criminal justice or some related field and at least four (4) years' full-time experience in such field, including at least one (1) year of supervisory experience; or (ii) a bachelor's degree in a field described in subparagraph (i) of this paragraph and at least six (6) years' full-time work in corrections, one (1) year of which shall have been at the supervisory level.

          (c)  A Deputy Commissioner for Institutions, who shall administer institutions, reception and diagnostic centers, prerelease centers and other facilities and programs provided therein, and shall serve as the Chief Executive Officer of the Division of Institutions.  He shall possess either:  (i) a master's degree in counseling, criminal justice, psychology, guidance, social work, business or some related field, and at least four (4) years' full-time experience in corrections, including at least one (1) year of correctional management experience; or (ii) a bachelor's degree in a field described in subparagraph (i) of this paragraph and at least six (6) years' full-time work in corrections, four (4) years of which shall have been at the correctional management level.

          (d)  A Deputy Commissioner for Programs, Education,   Re-entry, and Vocational Rehabilitation Services who shall initiate and administer programs, including but not limited to, education services, religious services, moral rehabilitation, alcohol and drug rehabilitation, and court re-entry.  The Deputy Commissioner for Programs, Education, Re-entry, and Vocational Rehabilitation may coordinate with any educational institution to develop a program for moral rehabilitation with an emphasis on promoting effective programs for release.  The Deputy Commissioner for Programs, Education, Re-entry, and Vocational Rehabilitation shall focus on re-entry programs aimed at reducing recidivism and adequately preparing offenders for employment upon their release.  The programs shall incorporate a moral component focused on providing offenders with an opportunity to make positive changes while incarcerated that will enable them to be productive members of society upon their release.  Such deputy commissioner shall possess either:

              (i)  A master's degree in counseling, corrections, psychology, guidance, social work, criminal justice or some related field and at least four (4) years' full-time experience in such field, including at least one (1) year of supervisory experience; or

              (ii)  A bachelor's degree in a field described in subparagraph (i) of this paragraph and at least six (6) years full-time work in corrections, one (1) year of which shall have been at the supervisory level.

     (2)  The commissioner shall employ an administrative assistant for parole matters * * *, who shall be selected by the State Parole Board who shall be an employee of the department assigned to the State Parole Board and who shall be located at the office of the State Parole Board, and who shall work under the guidance * * * and, supervision and direction of the board.

     (3)  The administrative assistant for parole matters shall receive an annual salary to be established by the Legislature.  The salaries of department employees not established by the Legislature shall receive an annual salary established by the State Personnel Board.

     (4)  The commissioner shall employ a superintendent for the Parchman facility, Central Mississippi Correctional Facility and South Mississippi Correctional Institution of the Department of Corrections.  The Superintendent of the Mississippi State Penitentiary shall reside on the grounds of the Parchman facility. Each superintendent shall appoint an officer in charge when he is absent.

     Each superintendent shall develop and implement a plan for the prevention and control of an inmate riot and shall file a report with the Chairman of the Senate Corrections Committee and the Chairman of the House Penitentiary Committee on the first day of each regular session of the Legislature regarding the status of the plan.

     In order that the grievances and complaints of inmates, employees and visitors at each facility may be heard in a timely and orderly manner, each superintendent shall appoint or designate an employee at the facility to hear grievances and complaints and to report grievances and complaints to the superintendent.  Each superintendent shall institute procedures as are necessary to provide confidentiality to those who file grievances and complaints.

     (5)  For a one-year period beginning July 1, 2016, any person authorized for employment under this section shall not be subject to the rules, regulations and procedures of the State Personnel Board, except as otherwise provided under Section 25-9-127(5). 

     SECTION 8.  Section 47-5-28, Mississippi Code of 1972, is amended as follows:

     47-5-28.  The commissioner shall have the following powers and duties:

          (a)  To implement and administer laws and policy relating to corrections and coordinate the efforts of the department with those of the federal government and other state departments and agencies, county governments, municipal governments, and private agencies concerned with providing offender services;

          (b)  To establish standards, in cooperation with other state agencies having responsibility as provided by law, provide technical assistance, and exercise the requisite supervision as it relates to correctional programs over all state-supported adult correctional facilities and community-based programs;

          (c)  To promulgate and publish such rules, regulations and policies of the department as are needed for the efficient government and maintenance of all facilities and programs in accord insofar as possible with currently accepted standards of adult offender care and treatment;

          (d)  To provide the Parole Board with suitable and sufficient office space and support resources and staff necessary to conducting Parole Board business under the guidance of the Chairman of the Parole Board;

          (e)  To contract for transitional reentry center beds that will be used as noncorrections housing for offenders released from the department on parole, probation or post-release supervision but do not have appropriate housing available upon release.  At least one hundred (100) but no more than eight hundred (800) transitional reentry center beds contracted by the department and chosen by the Parole Board shall be available for the Parole Board to place parolees without appropriate housing;

          (f)  To designate deputy commissioners while performing their officially assigned duties relating to the custody, control, transportation, recapture or arrest of any offender within the jurisdiction of the department or any offender of any jail, penitentiary, public workhouse or overnight lockup of the state or any political subdivision thereof not within the jurisdiction of the department, to the status of peace officers anywhere in the state in any matter relating to the custody, control, transportation or recapture of such offender, and shall have the status of law enforcement officers and peace officers as contemplated by Sections 45-6-3, 97-3-7 and 97-3-19.

     For the purpose of administration and enforcement of this chapter, deputy commissioners of the Mississippi Department of Corrections, who are certified by the Mississippi Board on Law Enforcement Officer Standards and Training, have the powers of a law enforcement officer of this state.  Such powers shall include to make arrests and to serve and execute search warrants and other valid legal process anywhere within the State of Mississippi while performing their officially assigned duties relating to the custody, control, transportation, recapture or arrest of any offender within the jurisdiction of the department or any offender of any jail, penitentiary, public workhouse or overnight lockup of the state or any political subdivision thereof not within the jurisdiction of the department in any matter relating to the custody, control, transportation or recapture of such offender.

          ( * * *fg)  To make an annual report to the Governor and the Legislature reflecting the activities of the department and make recommendations for improvement of the services to be performed by the department;

          ( * * *gh)  To cooperate fully with periodic independent internal investigations of the department and to file the report with the Governor and the Legislature;

          ( * * *hi)  To make personnel actions for a period of one (1) year beginning July 1, 2016, that are exempt from State Personnel Board rules, regulations and procedures in order to give the commissioner flexibility in making an orderly, effective and timely reorganization and realignment of the department; and

          ( * * *ij)  To perform such other duties necessary to effectively and efficiently carry out the purposes of the department as may be directed by the Governor.

     SECTION 9.  Section 47-5-471, Mississippi Code of 1972, is amended as follows:

     47-5-471.  Upon the request of any county for eligible inmates, the Department of Corrections shall make available for participation in the state-county work program in the requesting county any eligible inmates.  Upon request and approval of such request by the Department of Corrections, the requesting county shall arrange for transportation of such inmates from the Department of Corrections to such county.  Upon receiving any inmates, the county shall be responsible for all expenses related to housing and caring for such inmates but shall be reimbursed by the Department of Corrections at the rate prescribed under Section 47-5-901(2).  * * *The Department of Corrections shall not be obligated to pay the county for any costs associated with housing or caring for such inmates, while the inmates are in the custody of the county for the purposes of the state‑county work program. Regardless of any eligibility criteria established by the Department of Corrections, no inmate convicted of a sex crime, a crime of violence as defined by Section 97-3-2, or any other crime which specifically prohibits parole shall be eligible for participation in the program.  The requesting county may, in its sole discretion, refuse any inmate deemed to present an undue risk to such county.

     SECTION 10.  This act shall take effect and be in force from and after July 1, 2020.

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