Bill Text: MS SB2121 | 2018 | Regular Session | Introduced
Bill Title: Private correctional facilities; must guarantee recidivism rate that is less than MDOC's recidivism rate.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-01-30 - Died In Committee [SB2121 Detail]
Download: Mississippi-2018-SB2121-Introduced.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Corrections
By: Senator(s) Jackson (32nd)
Senate Bill 2121
AN ACT TO AMEND SECTION 47-5-1211, MISSISSIPPI CODE OF 1972, PRIVATE PRISON CONTRACTORS MUST DEMONSTRATE THE ABILITY TO PROVIDE INCARCERATION SERVICES THAT RESULT IN AN OFFENDER RECIDIVISM RATE THAT IS LOWER THAN THE MISSISSIPPI DEPARTMENT OF CORRECTIONS' OFFENDER RECIDIVISM RATE; TO AMEND SECTION 47-5-11, MISSISSIPPI CODE OF 1972, TO REQUIRE THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO COLLECT AND REPORT CERTAIN INFORMATION ON OFFENDER RECIDIVISM RATES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-5-1211, Mississippi Code of 1972, is amended as follows:
47-5-1211. (1) A contract for private correctional facilities or services shall not be entered into unless the contractor has demonstrated that it has:
(a) The qualifications, experience and management personnel necessary to carry out the terms of the contract.
(b) The ability to expedite the siting, design and construction of correctional facilities.
(c) The ability to comply with applicable laws, court orders and national correctional standards.
(d) Demonstrated history of successful operation and management of other correctional facilities.
(e) From and after July 1, 2020, the ability to provide incarceration services that result in a recidivism rate for offenders released from a facility operated and managed by the contractor that is ten percent (10%) less than the recidivism rate for offenders released from a correctional facility operated by the Department of Corrections. The recidivism rate for offenders released from department-operated facilities shall be based on information collected by the department as required by Section 47-5-11.
(2) A facility shall at all times comply with all federal and state laws, and all applicable court orders.
(3) (a) No contract for private incarceration shall be entered into unless the cost of the private operation, including the state's cost for monitoring the private operation, offers a cost savings of at least ten percent (10%) to the Department of Corrections for at least the same level and quality of service offered by the Department of Corrections.
(b) Beginning in 2012, and every two (2) years thereafter, the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) shall contract with a certified public accounting firm to establish a state inmate cost per day using financial information of the Department of Corrections for the most recently completed fiscal year. The state inmate cost per day shall be certified as required by this section. The certified cost shall be used as the basis for measuring the validity of the ten percent (10%) savings of the contractor costs.
(c) Prior to engaging a certified public accountant, the PEER Committee, in conjunction with the Department of Corrections, shall develop a current cost-based model that will serve as a basis for the report produced as authorized by this section.
(4) The rates and benefits for correctional services shall be negotiated based upon American Correction Association standards, state law and court orders.
SECTION 2. Section 47-5-11, Mississippi Code of 1972, is amended as follows:
47-5-11. (1) The Mississippi Department of Corrections shall collect the following information:
(a) Prison data shall include:
(i) The number of offenders entering prison on a new offense;
(ii) The number of offenders entering prison as a 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) Recidivism rates. For the purposes of this report, "recidivism" means conviction of a new felony offense within three (3) years of release from prison;
1. Recidivism rates by offense type;
2. Recidivism rates by risk level;
3. Recidivism rates for each correctional facility;
(ix) Total prison population;
1. By offense type;
2. By type of admission into prison.
(b) Probation data 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 number of probationers revoked for a technical violation and sentenced to a term of imprisonment in another type of department of correction;
(v) The number of probationers who are convicted of a new felony offense and sentenced to a term of imprisonment;
(vi) The number of probationers held on a violation in a county jail awaiting a revocation hearing; and
(vii) The average length of stay in a county jail for probationers awaiting a revocation hearing.
(c) Post-release supervision data shall include:
(i) The number of offenders supervised on post-release supervision;
(ii) The number of offenders placed on post-release supervision;
(iii) The number of post-release probationers revoked for a technical violation and sentenced to a term of imprisonment in a technical violation center;
(iv) The number of post-release probationers revoked for a technical violation and sentenced to a term of imprisonment in another type of department of correction facility;
(v) The number of post-release probationers 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; and
(vii) The average length of stay in a county jail for post-release probationers awaiting a revocation hearing.
(2) The Department of Corrections shall semiannually report information required in subsection (1) of this section to the Oversight Task Force, the Lieutenant Governor, the Speaker of the House and the Senate and House Chairpersons for Corrections, Judiciary A and Judiciary B, and upon request, shall report the information to the PEER Committee.
SECTION 3. This act shall take effect and be in force from and after July 1, 2018.
