Bill Text: MS SB2486 | 2012 | Regular Session | Enrolled

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Bill Title: Corrections; revise duty of the Mississippi Department of Corrections to maintain certain records for offenders.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2012-03-30 - Approved by Governor [SB2486 Detail]

Download: Mississippi-2012-SB2486-Enrolled.html

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MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Corrections

By: Senator(s) Wiggins

Senate Bill 2486

(As Sent to Governor)

AN ACT TO AMEND SECTION 47-5-10, MISSISSIPPI CODE OF 1972, TO REVISE THE DUTY OF THE DEPARTMENT OF CORRECTIONS TO MAINTAIN CERTAIN RECORDS FOR OFFENDERS; TO REQUIRE THE DEPARTMENT TO MAINTAIN A SINGLE DOCUMENT WITH A SUMMARY OF AN OFFENDER'S RECORDS WITH THE DEPARTMENT; TO REQUIRE THE DEPARTMENT TO CONFORM SAID DOCUMENT TO RULES 803(6) AND 803(8) OF THE MISSISSIPPI RULES OF EVIDENCE; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 47-5-10, Mississippi Code of 1972, is amended as follows:

     47-5-10.  The department shall have the following powers and duties:

          (a)  To accept adult offenders committed to it by the courts of this state for incarceration, care, custody, treatment and rehabilitation;

          (b)  To provide for the care, custody, study, training, supervision and treatment of adult offenders committed to the department;

          (c)  To maintain, administer and exercise executive and administrative supervision over all state correctional institutions and facilities used for the custody, training, care, treatment and after-care supervision of adult offenders committed to the department; provided, however, that such supervision shall not extend to any institution or facility for which executive and administrative supervision has been provided by law through another agency;

          (d)  To plan, develop and coordinate a statewide, comprehensive correctional program designed to train and rehabilitate offenders in order to prevent, control and retard recidivism;

          (e)  To maintain records of persons committed to it, and to establish programs of research, statistics and planning:

              (i)  An offender's records shall include a single cover sheet that contains the following information about the offender:  name, including any aliases; department inmate number; social security number; photograph; court of conviction; cause number; date of conviction; date of sentence; total number of days in the department's custody or number of days creditable toward time served on each charge; date of actual custody; and date of any revocation of a suspended sentence;

              (ii)  The department shall maintain an offender's cover sheet in the course of its regularly conducted business activities and shall include an offender's cover sheet in each request from a court, prosecutor or law enforcement agency for a summary of an offender's records with the department, also known as a "pen-pack."  The cover sheet shall conform to Rules 803(6) and 803(8) of the Mississippi Rules of Evidence for admission as an exception to the hearsay rule and may be admissible when properly authenticated according to evidentiary rules and when offered for the purpose of enhanced sentencing under Section 41-29-147, 99-19-81 or 99-19-83 or other similar purposes; and

              (iii)  This subsection is not intended to conflict with an offender's right of confrontation in criminal proceedings under the state or federal constitution;

          (f)  To investigate the grievances of any person committed to the department, and to inquire into any alleged misconduct by employees; and for this purpose it may issue subpoenas and compel the attendance of witnesses and the production of writings and papers, and may examine under oath any witnesses who may appear before it;

          (g)  To administer programs of training and development of personnel of the department;

          (h)  To develop and implement diversified programs and facilities to promote, enhance, provide and assure the opportunities for the successful custody, training and treatment of adult offenders properly committed to the department or confined in any facility under its control.  Such programs and facilities may include but not be limited to institutions, group homes, halfway houses, diagnostic centers, work and educational release centers, restitution centers, counseling and supervision of probation, parole, suspension and compact cases, presentence investigating and other state and local community-based programs and facilities;

          (i)  To receive, hold and use, as a corporate body, any real, personal and mixed property donated to the department, and any other corporate authority as shall be necessary for the operation of any facility at present or hereafter;

          (j)  To provide those personnel, facilities, programs and services the department shall find necessary in the operation of a modern correctional system for the custody, care, study and treatment of adult offenders placed under its jurisdiction by the courts and other agencies in accordance with law;

          (k)  To develop the capacity and administrative network necessary to deliver advisory consultation and technical assistance to units of local government for the purpose of assisting them in developing model local correctional programs for adult offenders;

          (l)  To cooperate with other departments and agencies and with local communities for the development of standards and programs for better correctional services in this state;

          (m)  To administer all monies and properties of the department;

          (n)  To report annually to the Legislature and the Governor on the committed persons, institutions and programs of the department;

          (o)  To cooperate with the courts and with public and private agencies and officials to assist in attaining the purposes of this chapter and Chapter 7 of this title.  The department may enter into agreements and contracts with other departments of federal, state or local government and with private agencies concerning the discharge of its responsibilities or theirs.  The department shall have the authority to accept and expend or use gifts, grants and subsidies from public and private sources;

          (p)  To make all rules and regulations and exercise all powers and duties vested by law in the department;

          (q)  The department may require a search of all persons entering the grounds and facilities at the correctional system;

          (r)  To discharge any other power or duty imposed or established by law.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2012.

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