Miss. Code Ann. § 47-7-85 — MS Code / Title 47 / Chapter 4 / Section 7-85
Miss. Code Ann. § 47-7-85
Status: in_force

Pursuant to the Interstate Compact for Adult Offender Supervision, the Department of Corrections may charge a one-time application fee in the amount of Fifty Dollars ($50.00) to each offender applying for out-of-state transfer under the Interstate Compact for Adult Offender Supervision. Payments received under this section shall be deposited into a special fund which is created in the State Treasury. Monies in the fund shall be expended by the Department of Corrections, upon appropriation by the Legislature, to defray costs incurred by the department under the Interstate Compact for Adult Offender Supervision. Unexpended amounts remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the special fund shall be deposited to the credit of the special fund.
Miss. Code Ann. § 47-5-113 — MS Code / Title 47 / Chapter 4 / Section 5-113
Miss. Code Ann. § 47-5-113
Status: in_force

The offenders of the courts of the United States sentenced to confinement in the state correctional system shall on delivery to the correctional system be confined in the correctional system according to their several sentences and be treated as other offenders, the United States supporting such offenders and paying the expenses of executing their sentences.
Miss. Code Ann. § 47-5-178 — MS Code / Title 47 / Chapter 3 / Section 5-178
Miss. Code Ann. § 47-5-178
Status: in_force

The Department of Corrections is authorized to provide for hospice care services for inmates who are confined in facilities under the jurisdiction of the department and who are terminally ill as defined in Section 41-85-3 . The department may have those hospice care services provided by properly qualified employees of the department or may contract for the providing of the hospice care services. If the department provides the hospice care services with department employees, the department is not required to have a license under the Mississippi Hospice Law.
Miss. Code Ann. § 47-5-1111 — MS Code / Title 47 / Chapter 4 / Section 5-1111
Miss. Code Ann. § 47-5-1111
Status: in_force

(1) A contractor's employees serving as “correctional officers” shall be allowed to use force only while on the grounds of a facility, while transporting inmates, and while pursuing escapees from a facility.

(2) A contractor shall be authorized to use only such nondeadly force as the circumstances require in the following situations: to prevent the commission of a felony or misdemeanor, including escape; to defend oneself or others against physical assault; to prevent serious damage to property; to enforce institutional regulations and orders; and to prevent or quell a riot.

(3) A contractor's employees, while performing their officially assigned duties relating to the custody, control, transportation, recapture or arrest of any escaped offender assigned to a contract prison, shall be authorized to use force and firearms as necessary to pursue and recapture escapees.

(4) Private correctional officers who have been appropriately certified as determined by the contracting agency and trained pursuant to the provisions of subsection (5) shall have the right to carry and use firearms and shall exercise such authority and use deadly force only as a last resort, and then only to prevent an act that could result in death or serious bodily injury to oneself or to another person.

(5) Private correctional officers shall be trained in the use of force and the use of firearms, in accordance with ACA Standards and shall be trained, at the contractor's expense, for at least the minimum number of hours that public personnel are currently trained.
Miss. Code Ann. § 47-5-181 — MS Code / Title 47 / Chapter 5 / Section 5-181
Miss. Code Ann. § 47-5-181
Status: in_force

(1) The Department of Corrections is authorized to convert four (4) community work centers to pre-release centers. The department shall convert the community work centers as follows: one (1) center in the northern part of the state, two (2) centers in the central part of the state, and one (1) center in the southern part of the state.

(2) The department may place any inmate in a pre-release center if: (a) the inmate is within one (1) year of his or her earliest release date, and (b) the inmate is approved for placement by the classification hearing officer and the commissioner or the commissioner's designee.

(3) The department shall notify, by certified mail, each member of the board of supervisors of the county in which the center is located of the department's intent to convert the community work center to a pre-release center. The board of supervisors shall have thirty (30) days after the date of the mailing to disapprove the conversion of the center. If the board of supervisors disapproves of the pre-release center, the department shall not convert the community work center.
Miss. Code Ann. § 47-5-173 — MS Code / Title 47 / Chapter 4 / Section 5-173
Miss. Code Ann. § 47-5-173
Status: in_force

The commissioner, or his designees, may grant leave to an offender and may take into consideration sickness or death in the offender's family or the seeking of employment by the offender in connection with application for parole, for a period of time not to exceed ten (10) days. At least fifteen (15) days prior to the release of an offender on leave, the director of records of the department shall give the written notice required pursuant to Section 47-5-177 . However, if an offender is granted leave because of sickness or death in the offender's family, written notice shall not be required but the inmate shall be accompanied by a correctional officer or a law enforcement officer. In all other cases the commissioner, or his designees, shall provide required security when deemed necessary. The commissioner, or his designees, in granting leave, shall take into consideration the conduct and work performance of the offender.
Miss. Code Ann. § 47-5-707 — MS Code / Title 47 / Chapter 5 / Section 5-707
Miss. Code Ann. § 47-5-707
Status: in_force

Whenever the prison system population exceeds ninety-five percent (95%) of operating capacity, the Commissioner of Corrections shall immediately notify the Governor and the State Parole Board of this fact. The notice shall include the current prison system population and the prison system operating capacity. A report must be made within ten (10) days after the thirtieth day of operating in excess of ninety-five percent (95%) of operating capacity. The report shall include the prison system operating capacity, the prison system population during the relevant time period, and may include a recommended specific term of advancement of the parole eligibility dates.
Miss. Code Ann. § 47-7-38 — MS Code / Title 47 / Chapter 3 / Section 7-38
Miss. Code Ann. § 47-7-38
Status: in_force

(1) The department shall have the authority to impose graduated sanctions as an alternative to judicial modification or revocation, as provided in Sections 47-7-27 and 47-7-37 , for offenders on probation, parole, or post-release supervision who commit technical violations of the conditions of supervision as defined by Section 47-7-2 .

(2) The commissioner shall develop a standardized graduated sanctions system, which shall include a grid to guide field officers in determining the suitable response to a technical violation. The commissioner shall promulgate rules and regulations for the development and application of the system of sanctions. Field officers shall be required to conform to the sanction grid developed.

(3) The system of sanctions shall include a list of sanctions for the most common types of violations. When determining the sanction to impose, the field officer shall take into account the offender's assessed risk level, previous violations and sanctions, and severity of the current and prior violations.

(4) Field officers shall notify the sentencing court when a probationer has committed a technical violation or the parole board when a parolee has committed a technical violation of the type of violation and the sanction imposed. When the technical violation is an arrest for a new criminal offense, the field officer shall notify the court within forty-eight (48) hours of becoming aware of the arrest.

(5) The graduated sanctions that the department may impose include, but shall not be limited to:

(a) Verbal warnings;

(b) Increased reporting;

(c) Increased drug and alcohol testing;

(d) Mandatory substance abuse treatment;

(e) Loss of earned-discharge credits; and

(f) Incarceration in a county jail for no more than two (2) days. Incarceration as a sanction shall not be used more than two (2) times per month for a total period incarcerated of no more than four (4) days.

(6) The system shall also define positive reinforcements that offenders will receive for compliance with conditions of supervision. These positive reinforcements shall include, but not limited to:

(a) Verbal recognition;

(b) Reduced reporting; and

(c) Credits for earned discharge which shall be awarded pursuant to Section 47-7-40 .

(7) The Department of Corrections shall provide semiannually to the Oversight Task Force the number and percentage of offenders who have one or more violations during the year, the average number of violations per offender during the year and the total and average number of incarceration sanctions as defined in subsection (5) of this section imposed during the year.
Miss. Code Ann. § 47-5-1015 — MS Code / Title 47 / Chapter 3 / Section 5-1015
Miss. Code Ann. § 47-5-1015
Status: repealed

Sections 47-5-1001 through 47-5-1015 shall stand repealed after June 30, 2025.
Miss. Code Ann. § 47-5-943 — MS Code / Title 47 / Chapter 1 / Section 5-943
Miss. Code Ann. § 47-5-943
Status: in_force

The Mississippi Department of Corrections may contract with the Walnut Grove Correctional Authority or the governing authorities of the Municipality of Walnut Grove, Leake County, Mississippi, to provide for the private housing, care and control of not more than one thousand five hundred (1,500) offenders who are in the custody of the Department of Corrections at a maximum security facility in Walnut Grove. A county or circuit judge shall not order any offender to be housed in the correctional facility authorized in Sections 47-5-943 through 47-5-953 . Commitment of offenders shall not be to this facility, but shall be to the jurisdiction of the department. The commissioner shall assign newly sentenced offenders to an appropriate facility consistent with public safety. Any facility owned or leased by the Walnut Grove Correctional Authority or the Municipality of Walnut Grove for this purpose shall be designed, constructed, operated and maintained in accordance with American Correctional Association standards, and shall comply with all constitutional standards of the United States and the State of Mississippi and with all court orders that may now or hereinafter be applicable to the facility. The contract must comply with Sections 47-5-1211 through 47-5-1227 .
Miss. Code Ann. § 47-5-451 — MS Code / Title 47 / Chapter 1 / Section 5-451
Miss. Code Ann. § 47-5-451
Status: in_force

(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, nonprofit charitable organizations or churches, 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 or churches 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.
Miss. Code Ann. § 47-5-1011 — MS Code / Title 47 / Chapter 5 / Section 5-1011
Miss. Code Ann. § 47-5-1011
Status: in_force

(1) Before entering an order for commitment for electronic house arrest, the department shall inform the participant and other persons residing in the home of the nature and extent of the approved electronic monitoring devices by doing the following:

(a) Securing the written consent of the participant in the program to comply with the rules and regulations of the program.

(b) Advising adult persons residing in the home of the participant at the time an order or commitment for electronic house arrest is entered and asking such persons to acknowledge the nature and extent of approved electronic monitoring devices.

(c) Insuring that the approved electronic devices are minimally intrusive upon the privacy of other persons residing in the home while remaining in compliance with Sections 47-5-1001 through 47-5-1015 .

(2) The participant shall be responsible for the cost of equipment and any damage to such equipment. Any intentional damage, any attempt to defeat monitoring, any committing of a criminal offense or any associating with felons or known criminals, shall constitute a violation of the program.

(3) Any person whose residence is utilized in the program shall agree to keep the home drug and alcohol free and to exclude known felons and criminals in order to provide a noncriminal environment.
Miss. Code Ann. § 47-5-180 — MS Code / Title 47 / Chapter 4 / Section 5-180
Miss. Code Ann. § 47-5-180
Status: in_force

(1) The following words and phrases that are used in this section are defined in Section 41-41-203 : advance health-care directive, agent, capacity, guardian, health-care decision, individual instruction, person, power of attorney for health care and surrogate.

(2) For an offender who is a resident of Mississippi, the department may petition the chancery court of the county of residence of the offender to appoint the commissioner as guardian for an offender who lacks the capacity to make a health-care decision and who does not have a relative or other person available to make the decision.

(3) The department may, consistent with Sections 41-41-201 through 41-41-229 , provide an offender with the forms necessary to execute an advance health-care directive.

(4) The department shall place an original or copy of the directive in the offender's medical record, attach the directive to the offender's commitment report and provide a copy of the directive to case management.

(5) If a department physician determines that an offender's life expectancy is less than one (1) year or that the offender is to undergo certain medical procedures to be determined by the department medical director, the department shall provide the offender with the opportunity to alter or execute a written advance health-care directive.

(6) When the department provides an offender with the forms necessary to execute an advance health-care directive, Sections 41-41-201 through 41-41-229 and the following provisions apply:

(a) Absent a court order to the contrary, an offender in the department's custody shall not act as the agent, guardian or surrogate for the offender executing an advance health-care directive. But the principal offender may designate another offender as the agent, guardian or surrogate without judicial approval if the offenders are related by blood, marriage or adoption.

(b) Absent a court order to the contrary, a department employee shall not act as the agent, guardian or surrogate for the offender executing an advance health-care directive. But the principal offender may designate a department employee as the agent, guardian or surrogate without judicial approval if the offender and the employee are related by blood, marriage or adoption.

(c) In addition to the restrictions in Section 41-41-205 , neither an offender in the department's custody nor a department employee shall be used as a witness for a power of attorney for health care that an offender executes while in the department's custody.
Miss. Code Ann. § 47-5-569 — MS Code / Title 47 / Chapter 3 / Section 5-569
Miss. Code Ann. § 47-5-569
Status: in_force

(1) Except as otherwise specifically provided by law, if the department leases a single correctional work program at any correctional institution to the corporation, the corporation shall lease all such correctional work programs at that institution. Any rent paid by the corporation to the department shall be deposited in a correctional programs trust fund for enhancement of education and training, post-release job placement, and other correctional purposes related to the purposes of Sections 47-5-531 through 47-5-575 .

(2) All leases of department-owned land for the funding or operations of the corporation shall be subject to the approval of the corporation, the Mississippi Department of Corrections and the Public Procurement Review Board.

(3) This section shall not apply to any program within the prison agricultural enterprises operated by the department.
Miss. Code Ann. § 47-5-401 — MS Code / Title 47 / Chapter 4 / Section 5-401
Miss. Code Ann. § 47-5-401
Status: in_force

(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.
Miss. Code Ann. § 47-5-193 — MS Code / Title 47 / Chapter 4 / Section 5-193
Miss. Code Ann. § 47-5-193
Status: in_force

(1) It is unlawful for any officer or employee of the department, of any county sheriff's department, of any private correctional facility in this state in which offenders are confined, of any municipal or other correctional facility in this state, or for any other person or offender to possess, furnish, attempt to furnish, or assist in furnishing to any offender confined in this state any weapon, deadly weapon, unauthorized electronic device, contraband item, or cell phone or any of its components or accessories to include, but not limited to, Subscriber Information Module (SIM) cards or chargers. It is unlawful for any person or offender to take, attempt to take, or assist in taking any weapon, deadly weapon, unauthorized electronic device, contraband item, cell phone or any of its components or accessories to include, but not limited to, Subscriber Information Module (SIM) cards or chargers on property within the state belonging to the department, a county, a municipality, or other entity that is occupied or used by offenders, except as authorized by law.

(2) The circuit court is authorized to issue an order to disable the contraband cell phone service from the carrier.
Miss. Code Ann. § 47-5-55 — MS Code / Title 47 / Chapter 3 / Section 5-55
Miss. Code Ann. § 47-5-55
Status: in_force

The officers and employees of the state correctional system are exempt from jury service.
Miss. Code Ann. § 47-5-113 — MS Code / Title 47 / Chapter 5 / Section 5-113
Miss. Code Ann. § 47-5-113
Status: in_force

The offenders of the courts of the United States sentenced to confinement in the state correctional system shall on delivery to the correctional system be confined in the correctional system according to their several sentences and be treated as other offenders, the United States supporting such offenders and paying the expenses of executing their sentences.
Miss. Code Ann. § 47-5-56 — MS Code / Title 47 / Chapter 1 / Section 5-56
Miss. Code Ann. § 47-5-56
Status: in_force

The department shall lease to the Mississippi Commission on Wildlife, Fisheries and Parks for a period of twenty (20) years all timberlands in Quitman County for an annual rental of One Dollar ($1.00). The lands so leased to the Mississippi Commission on Wildlife, Fisheries and Parks shall be used and maintained as a public game and fish management area. Proceeds from the sale of the timber or from any forest management practice shall be deposited into the Lambert State Forest Revolving Fund created in Section 47-5-78 . All costs associated with the management of timber shall be paid from the fund. The remaining funds shall then be deposited in the Prison Agricultural Enterprises Fund, as created in Section 47-5-66 . Any timber needed in the building operations carried on by the department may be purchased by the department at a cost not to exceed the cost of the management of that timber. Upon the transfer of the real property described in Section 1 of Chapter 517, Laws of 2001, to the Department of Wildlife, Fisheries and Parks, the department and the Mississippi Department of Wildlife, Fisheries and Parks may terminate or modify as appropriate any lease entered into under this section regarding such property.
Miss. Code Ann. § 47-5-94 — MS Code / Title 47 / Chapter 3 / Section 5-94
Miss. Code Ann. § 47-5-94
Status: in_force

The Bureau of Building, Grounds and Real Property Management of the Department of Finance and Administration and the State Board of Health are hereby authorized and directed, upon the passage of this section, to institute permanent annual structural and environmental inspections of institutional housing and service facilities at the State Penitentiary, such inspections to include but not be limited to, structural soundness, repairs and maintenance of buildings; food service; fire and safety hazards; fresh water supply; wastewater system; sewage collection and treatment; solid waste collection, storage and disposal; rodent and pest control and general institutional housekeeping.

All other state agencies, authorities, boards, commissions and departments are hereby directed, upon the request of the Commissioner of Corrections, the Bureau of Building, Grounds and Real Property Management of the Department of Finance and Administration or the State Board of Health, to assist in such inspections with the fullest degree of reasonable cooperation.

Within thirty (30) days of the completion of the inspections provided for herein, the participants shall compile a written report of their findings which shall be submitted to the Governor, the Commissioner of Corrections and the Warden or Superintendent of the State Penitentiary at Parchman.
Miss. Code Ann. § 47-5-1001 — MS Code / Title 47 / Chapter 5 / Section 5-1001
Miss. Code Ann. § 47-5-1001
Status: in_force

For purposes of Sections 47-5-1001 through 47-5-1015 , the following words shall have the meaning ascribed herein unless the context shall otherwise require:

(a) “ Approved electronic monitoring device ” means a device approved by the department which is primarily intended to record and transmit information regarding the offender's presence or nonpresence in the home.

(b) “ Correctional field officer ” means the supervising probation and parole officer in charge of supervising the offender.

(c) “ Court ” means a circuit court having jurisdiction to place an offender into the intensive supervision program.

(d) “ Department ” means the Department of Corrections.

(e) “ House arrest ” means the confinement of a person convicted or charged with a crime to his place of residence under the terms and conditions established by the department or court.

(f) “ Operating capacity ” means the total number of state offenders which can be safely and reasonably housed in facilities operated by the department and in local or county jails or other facilities authorized to house state offenders as certified by the department, subject to applicable federal and state laws and rules and regulations.

(g) “ Participant ” means an offender placed into an intensive supervision program.
Miss. Code Ann. § 47-5-1205 — MS Code / Title 47 / Chapter 4 / Section 5-1205
Miss. Code Ann. § 47-5-1205
Status: reserved

(1) The State Prison Emergency Construction and Management Board shall provide for the construction and shall equip additional housing and necessary support facilities for one thousand two hundred sixteen (1,216) medium security male offenders and for two hundred (200) male offenders sentenced to evidence-based programs for the benefit of inmates at the South Mississippi Correctional Institution. The department may house offenders not sentenced to such programs in the two hundred (200) beds reserved for the program as it deems appropriate.

(2) The State Prison Emergency Construction and Management Board shall provide for the construction and shall equip additional housing and support facilities for seven hundred (700) medium security male offenders at the Central Mississippi Correctional Facility.

(3) The State Prison Emergency Construction and Management Board shall use funds from the “Corrections Facilities Emergency Construction Fund.”

(4) The Department of Finance and Administration shall use its emergency powers to expedite the construction of these facilities. In the planning, design, procurement and construction of these facilities, the board shall make maximum utilization of plans, specifications and processes used in, completed or on-going construction projects for the Mississippi Department of Corrections.
Miss. Code Ann. § 47-5-807 — MS Code / Title 47 / Chapter 4 / Section 5-807
Miss. Code Ann. § 47-5-807
Status: in_force

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.
Miss. Code Ann. § 47-7-15 — MS Code / Title 47 / Chapter 7 / Section 7-15
Miss. Code Ann. § 47-7-15
Status: in_force

The board shall adopt an official seal of which the courts shall take judicial notice. Decisions of the board shall be made by majority vote, except as provided in Section 47-7-5(9) .

The board shall keep a record of its acts and shall notify each institution of its decisions relating to the persons who are or have been confined therein. At the close of each fiscal year the board shall submit to the Governor and to the Legislature a report with statistical and other data of its work.
Miss. Code Ann. § 47-5-945 — MS Code / Title 47 / Chapter 1 / Section 5-945
Miss. Code Ann. § 47-5-945
Status: in_force

The Department of Corrections shall contract for the purposes set out in Section 47-5-943 for a period of not more than twenty (20) years. The Department of Corrections may include in the contract, as an inflation factor, a three percent (3%) annual increase in the contract price. The state shall retain responsibility for medical care for state offenders to the extent that is required by law.
Miss. Code Ann. § 47-5-20 — MS Code / Title 47 / Chapter 4 / Section 5-20
Miss. Code Ann. § 47-5-20
Status: in_force

The commissioner shall have the following powers and duties:

(a) To establish the general policy of the department;

(b) To approve proposals for the location of new facilities, for major renovation activities, and for the creation of new programs and divisions within the department as well as for the abolition of the same; provided, however, that the commissioner shall approve the location of no new facility unless the board of supervisors of the county or the governing authorities of the municipality in which the new facility is to be located shall have had the opportunity with at least sixty (60) days' prior notice to disapprove the location of the proposed facility. If either the board of supervisors or the governing authorities shall disapprove the facility, it shall not be located in that county or municipality. Said notice shall be made by certified mail, return receipt requested, to the members of the board or governing authorities and to the clerk thereof;

(c) Except as otherwise provided or required by law, to open bids and approve the sale of any products or manufactured goods by the department according to applicable provisions of law regarding bidding and sale of state property, and according to rules and regulations established by the State Fiscal Management Board;

(d) To adopt administrative rules and regulations including, but not limited to, offender transfer procedures, award of administrative earned time, personnel procedures, employment practices.
Miss. Code Ann. § 47-5-1121 — MS Code / Title 47 / Chapter 5 / Section 5-1121
Miss. Code Ann. § 47-5-1121
Status: in_force

No contract for private correctional facilities or services shall authorize, allow, or imply a delegation of the authority or responsibility of the state to a prison contractor to:

(a) Classify inmates or place inmates in less restrictive custody or more restrictive custody;

(b) Transfer an inmate, although the contractor may recommend in writing that the department transfer a particular inmate;

(c) Grant, deny, or revoke sentence credits;

(d) Recommend that the parole board either deny or grant parole, although the contractor may submit written reports that have been prepared in the ordinary course of business;

(e) Develop and implement procedures for calculating sentence credits or inmate release and parole eligibility dates;

(f) Require an inmate to work, except on department-approved projects; approve the type of work that inmates may perform; or award or withhold wages or sentence credits based on the manner in which individual inmates perform such work; or

(g) Determine inmate eligibility for furlough and work release.
Miss. Code Ann. § 47-5-711 — MS Code / Title 47 / Chapter 1 / Section 5-711
Miss. Code Ann. § 47-5-711
Status: in_force

Upon receipt of the report from the Commissioner of Corrections and the report of the State Parole Board, the Governor has the power to:

(a) Determine to be in error the determination that there had been full appropriate exercise of powers which tends to reduce prison population, in which case no state of emergency shall commence;

(b) Determine that commencement of a state of emergency would be injurious to the public good, or raises the potential of threatening the safety of the public in the state as a whole or in a particular community, in which case no state of emergency shall commence; or

(c) Determine that the reports establish the existence of the conditions for a declaration of a prison system overcrowding state of emergency as described in Section 47-5-705 and declare a state of emergency, specifying an amount of advancement of parole eligibility dates from thirty (30) to ninety (90) days.

If fourteen (14) days after the receipt of the reports to the Governor pursuant to Sections 47-5-707 and 47-5-709 the Governor has not exercised any of the powers specified in paragraphs (a), (b) and (c) of this section, action under Sections 47-5-701 through 47-5-729 is considered terminated.

If the Governor exercises a power under paragraph (a) or (b) of this section, he shall state the reasons for the exercise of such power in the notification of his action to the Commissioner of Corrections and the State Parole Board.
Miss. Code Ann. § 47-5-451 — MS Code / Title 47 / Chapter 5 / Section 5-451
Miss. Code Ann. § 47-5-451
Status: in_force

(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, nonprofit charitable organizations or churches, 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 or churches 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.
Miss. Code Ann. § 47-5-10 — MS Code / Title 47 / Chapter 5 / Section 5-10
Miss. Code Ann. § 47-5-10
Status: in_force

(1) 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, technical violation 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 submit, in a timely manner, to the Oversight Task Force established in Section 47-5-6 any reports required by law or regulation or requested by the task force; and

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

(2) The department is hereby established as a Local Educational Agency and an Educational Service Agency both as defined in 34 CFR Section 300 , to receive Title I, Part B funding and other available funding and to provide educational services to eligible incarcerated students. The department is authorized, if necessary, to adopt policies and procedures to carry out its responsibilities as a Local Educational Agency and an Educational Service Agency.
Miss. Code Ann. § 47-5-120 — MS Code / Title 47 / Chapter 3 / Section 5-120
Miss. Code Ann. § 47-5-120
Status: in_force

(1) Except as otherwise provided by law, the commissioner may transfer an offender for observation, diagnosis and treatment to another appropriate state department or institution, provided that he has given prior written notice to the administrator of the agency.

(2) The department of corrections shall create a board of examiners, hereinafter referred to as the “board,” who shall examine and evaluate the condition of offenders who are apparently suffering from psychosis, other mental illness, or dependency or addiction to drugs. The commissioner shall refer such offenders to the board which shall make a written report of its findings pertaining to each such offender. If all members of the board determine that an offender is in need of mental treatment or can obtain benefit from the programs of treatment for drug dependency or addiction at a facility of the department of mental health, then the board may authorize his transfer for observation, diagnosis, treatment and rehabilitation after prior written notice to the administrator of the facility of the department of mental health that is to receive the offender.

(3) The board shall be composed of the following:

(a) A physician on the staff of the Mississippi State Hospital at Whitfield, Mississippi, or the East Mississippi State Hospital at Meridian, Mississippi;

(b) A physician on the staff of the Mississippi Department of Corrections; and

(c) A physician to be selected by the commissioner of corrections who is not an employee of the department of corrections or the department of mental health.

(4) The board shall meet once each month at the correctional facility located at Parchman, Mississippi. All fees, compensation and expenses of the board shall be paid from funds appropriated to or otherwise available to the state department of corrections. The board is authorized to establish such rules and regulations as may be necessary to carry out the purposes of this section.

(5) While the offender is in another institution, his sentence shall continue to run. When the director of the institution to which an offender has been transferred determines that the offender is not in need of treatment or has recovered from the condition which occasioned the transfer or has received the maximum benefit of treatment and rehabilitation, the commissioner shall provide for his return to the department, unless his sentence has expired, in which case he shall be issued a discharge in accordance with law.
Miss. Code Ann. § 47-5-87 — MS Code / Title 47 / Chapter 3 / Section 5-87
Miss. Code Ann. § 47-5-87
Status: in_force

No gasoline or motor oil shall be sold for personal use by the state correctional system to any of its employees. Gasoline shall be delivered only in tank truck or tank car lots in such quantities as the commissioner may deem necessary, and motor oil in such quantities as may be needed.
Miss. Code Ann. § 47-5-8 — MS Code / Title 47 / Chapter 5 / Section 5-8
Miss. Code Ann. § 47-5-8
Status: in_force

(1) There is created the Mississippi Department of Corrections, which shall be under the policy direction of the Governor. The chief administrative officer of the department shall be the Commissioner of Corrections. Effective July 1, 2028, the commissioner shall be appointed by the Governor in the manner provided in Section 47-5-24 with the advice and consent of the Senate, not less than every four (4) years. All appointment procedures specifically provided for in Section 7-1-35, Mississippi Code of 1972 , shall be fully applicable to appointments to the position of Commissioner of Corrections.

(2)(a) There shall be an Executive Deputy Commissioner who shall be directly responsible to the Commissioner of Corrections within the department who shall serve as the Commissioner of Corrections in the absence of the commissioner and shall assume any and all duties that the Commissioner of Corrections assigns, including, but not limited to, supervising all other deputy commissioners. The salary of the Executive Deputy Commissioner shall not exceed the salary of the Commissioner of Corrections.

(b) There shall be a Division of Administration and Finance within the department, which shall have as its chief administrative officer a Deputy Commissioner for Administration and Finance who shall be appointed by the commissioner, and shall be directly responsible to the commissioner.

(c) There shall be a Division of Community Corrections within the department, which shall have as its chief administrative officer a Deputy Commissioner for Community Corrections, who shall be appointed by the commissioner, and shall be directly responsible to the commissioner. The Probation and Parole Board shall continue to exercise the authority as provided by law, but after July 1, 1976, the Division of Community Corrections shall serve as the administrative agency for the Probation and Parole Board.

(d) There shall be a Division of Workforce Development within the department, which shall have as its chief administrative officer a Deputy Commissioner for Workforce Development, who shall be appointed by the commissioner, and shall be directly responsible to the commissioner.

(3) The department shall succeed to the exclusive control of all records, books, papers, equipment and supplies, and all lands, buildings and other real and personal property now or hereafter belonging to or assigned to the use and benefit or under the control of the Mississippi State Penitentiary and the Mississippi Probation and Parole Board, except the records of parole process and revocation and legal matters related thereto, and shall have the exercise and control of the use, distribution and disbursement of all funds, appropriations and taxes now or hereafter in possession, levied, collected or received or appropriated for the use, benefit, support and maintenance of these two (2) agencies except as otherwise provided by law, and the department shall have general supervision of all the affairs of the two (2) agencies herein named except as otherwise provided by law, and the care and conduct of all buildings and grounds, business methods and arrangements of accounts and records, the organization of the administrative plans of each institution, and all other matters incident to the proper functioning of the two (2) agencies.

(4) The commissioner may lease the lands for oil, gas, mineral exploration and other purposes, and contract with other state agencies for the proper management of lands under such leases or for the provision of other services, and the proceeds thereof shall be paid into the General Fund of the state.
Miss. Code Ann. § 47-5-133 — MS Code / Title 47 / Chapter 5 / Section 5-133
Miss. Code Ann. § 47-5-133
Status: in_force

The commissioner is authorized and empowered to use the offenders on or off the property of the correctional system to drain or improve the drainage of any property belonging to the correctional system. Except as otherwise specifically provided by law, no offenders at any time are to work off property of the correctional system except: (a) when some dire calamity or disaster exists or threatens, or (b) those offenders assigned to duty at the Governor's Mansion (eight (8)). The Governor may order offenders to work to avert or control such calamity or disaster.

Provided, however, that the commissioner may authorize the working of offenders in support of any road construction, repair or other project of the State Highway Department upon proper request therefor by the State Highway Commission. In such cases the department shall establish all proper regulations for the working, guarding, safekeeping, clothing, housing and subsistence of offenders while so working.

Provided further, that the commissioner may authorize the working and housing of offenders in support of the Mississippi Bureau of Narcotics upon proper request therefor by the bureau. In such cases the department shall establish all proper regulations for the working, guarding, safekeeping, clothing, housing and subsistence of offenders while so working.

The commissioner may authorize the working of offenders in support of any aspect of Mississippi state government where such work would be appropriate and useful.
Miss. Code Ann. § 47-5-1509 — MS Code / Title 47 / Chapter 4 / Section 5-1509
Miss. Code Ann. § 47-5-1509
Status: in_force

(1) No restraints shall be used on any female inmate who has given birth within the last thirty (30) days and is in postpartum recovery, unless the Department of Corrections has a reasonable belief that the female inmate will harm herself, her newborn, or any other person, or pose a substantial flight risk. In such case, the facility employee ordering use of restraints on any inmate while in postpartum recovery shall submit a written report to the warden of the facility within seventy-two (72) hours following the use of restraints, containing the justification for restraining the female inmate during postpartum recovery.

(2) Following the delivery of a newborn, by an inmate, the Department of Corrections shall permit the newborn to remain with the mother for seventy-two (72) hours unless the medical provider has a reasonable belief that remaining with the mother poses a health or safety risk to the newborn.

(3) During that time, the Department of Corrections shall make available the necessary nutritional and hygiene products, including diapers, to care for the newborn.

(4) If the female inmate qualifies as indigent, such products shall be provided without cost to the inmate.
Miss. Code Ann. § 47-7-39 — MS Code / Title 47 / Chapter 7 / Section 7-39
Miss. Code Ann. § 47-7-39
Status: in_force

If, for good and sufficient reasons, a probationer desires to change his residence within or without the state, such transfer may be effected by application to his field supervisor which transfer shall be subject to the court's consent and subject to such regulations as the court, or judge, may require.
Miss. Code Ann. § 47-5-126 — MS Code / Title 47 / Chapter 1 / Section 5-126
Miss. Code Ann. § 47-5-126
Status: in_force

All inmates, unless physically unable, shall be required to perform such work as may be set out in the policy-making board of the institution.
Miss. Code Ann. § 47-5-1511 — MS Code / Title 47 / Chapter 3 / Section 5-1511
Miss. Code Ann. § 47-5-1511
Status: in_force

(1) To the greatest extent practicable, after accounting for security and capacity factors, the Department of Corrections shall place inmates who are parents of minor children within two hundred fifty (250) miles of their permanent address of record.

(2) The Department of Corrections shall promulgate regulations authorizing visitation of inmates who are parents of minor children with low or minimum security classifications by minor dependents, with the minimum following requirements:

(a) Opportunities for dependent children under the age of eighteen (18) to visit their incarcerated parent at least twice per week unless a correctional facility employee has a reasonable belief that the dependent child:

(i) May be harmed during visitation; or

(ii) Poses a security risk due to a gang affiliation, prior conviction or past violation of facility contraband policy.

(b) Eliminating restrictions on the number of dependent children under the age of eighteen (18) that may be permitted visitation privileges.

(c) Authorizing contact visits for inmates who are parents of minor children.
Miss. Code Ann. § 47-5-575 — MS Code / Title 47 / Chapter 4 / Section 5-575
Miss. Code Ann. § 47-5-575
Status: in_force

Any records or reports which relate to the financial aspect or operations of the corporation, with the exception of any trade secrets, shall be considered as public records and shall be subject to the provisions of the Mississippi Public Records Act of 1983.
Miss. Code Ann. § 47-5-303 — MS Code / Title 47 / Chapter 4 / Section 5-303
Miss. Code Ann. § 47-5-303
Status: in_force

The aims and purposes of Sections 47-5-301 through 47-5-327 are:

(a) To utilize the labor of offenders for self-maintenance and for reimbursing this state for expenses incurred by reason of their crimes and imprisonment; and

(b) To effect the requisitioning and disbursement of penitentiary products directly through established state authorities and to permit the sale of such products to the public.
Miss. Code Ann. § 47-5-401 — MS Code / Title 47 / Chapter 3 / Section 5-401
Miss. Code Ann. § 47-5-401
Status: in_force

(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.
Miss. Code Ann. § 47-1-23 — MS Code / Title 47 / Chapter 1 / Section 1-23
Miss. Code Ann. § 47-1-23
Status: in_force

It shall be unlawful for convicts of different sexes to be confined or worked together.
Miss. Code Ann. § 47-5-103 — MS Code / Title 47 / Chapter 3 / Section 5-103
Miss. Code Ann. § 47-5-103
Status: in_force

(1) The classification hearing officer shall be responsible for assigning a classification to each offender within forty (40) days after the offender's commitment to the custody of the department. The classification shall determine the offender's work duties, living quarters, educational, vocational or other rehabilitation programs, and privileges to be accorded the offender while in custody of the department. The classification hearing officer, in assigning classifications, shall consider the offender's age, offense and surrounding circumstances, the complete record of the offender's criminal history including records of law enforcement agencies or of a youth court regarding that offender's juvenile criminal history, family background, education, practical or employment experience, interests and abilities as evidenced by mental and psychological examination and knowledge obtained by the classification hearing officer in personal interview with the offender. The classification hearing officer shall use the above criteria to assign each offender a classification which will serve and enhance the best interests and general welfare of the offender. The designee or designees of the commissioner shall approve or disapprove each classification. The classification hearing officer shall provide the State Parole Board with a copy of the classification assigned to each offender in the custody of the department who is eligible for parole.

(2) The classification board, consisting of the commissioner, or his designee, deputy commissioner of institutions and the director of offender services may change an action of the classification or disciplinary hearing officer if the board makes a determination that the action of the hearing officer was not supported by sufficient factual information. The commissioner, in emergency situations, may suspend the classification of an offender or offenders for a period of not exceeding fifteen (15) days to relieve the emergency situation. The classification of each offender may be reviewed by a classification hearing officer at least once each year. In no case shall an offender serve as a servant in the home of any employee other than authorized by the commissioner.

(3) The classification board shall establish substantive and procedural rules and regulations governing the assignment and alteration of inmate classifications, and shall make such rules and regulations available to any offender upon request.
Miss. Code Ann. § 47-7-37.1 — MS Code / Title 47 / Chapter 3 / Section 7-37.1
Miss. Code Ann. § 47-7-37.1
Status: in_force

Notwithstanding any other provision of law to the contrary, if a court finds by a preponderance of the evidence, that a probationer or a person under post-release supervision has committed a felony or absconded, the court may revoke his probation and impose any or all of the sentence. For purposes of this section, “ absconding from supervision ” means the failure of a probationer to report to his supervising officer for six (6) or more consecutive months.
Miss. Code Ann. § 47-5-305 — MS Code / Title 47 / Chapter 3 / Section 5-305
Miss. Code Ann. § 47-5-305
Status: in_force

(1) The State Department of Corrections is authorized to purchase, in the manner prescribed by law, equipment, raw materials and supplies, and to engage the supervisory personnel necessary to establish and maintain for this state at the penitentiary or any penal farm or institution now or hereafter under the control of such department industries for the utilization of services of offenders in the manufacture or production of such articles or products as may be needed for the construction, operation, maintenance or use of any commission, department, institution or other agency supported in whole or in part by this state and the political subdivisions thereof. The State Department of Corrections is further authorized to sell such products to the public.

(2) The Department of Corrections is authorized to contract for work projects from outside sources, including private enterprise, for processing, fabrication or repair; however, preference shall be given to the performance of such work projects for any commission, department, institution or other agency of the state.

(3) The Department of Corrections is further authorized to contract with private or public industrial and business enterprises regarding the location of operations or projects upon any property utilized by the state prison correctional system in accordance with the provisions of this chapter.
Miss. Code Ann. § 47-5-553 — MS Code / Title 47 / Chapter 4 / Section 5-553
Miss. Code Ann. § 47-5-553
Status: in_force

Before any prison industry may commence operations, the chief executive officer of the corporation must communicate with the Commissioner of Corrections regarding the proper security for the facility. If at anytime the Commissioner of Corrections recognizes a need for improvement in the security at any facility, then he or she shall communicate to the corporation regarding what improvements are needed for the facility to be properly secured. The corporation shall furnish its own security within the parameters of any prison industry work area.
Miss. Code Ann. § 47-5-563 — MS Code / Title 47 / Chapter 1 / Section 5-563
Miss. Code Ann. § 47-5-563
Status: in_force

(1) The department may adopt such rules as may be necessary to govern the use of inmates by the corporation; however, such rules shall be related only to the need for security, inmate projections, and efficient operation of each institution.

(2) The corporation, with the input of the department, shall establish policies and procedures subject to the approval of the department's legal counsel relating to the use of inmates in the correctional work programs.

(3) All such policies and procedures adopted by the department and the corporation shall be placed on file in the Office of the Secretary of State.
Miss. Code Ann. § 47-5-70 — MS Code / Title 47 / Chapter 3 / Section 5-70
Miss. Code Ann. § 47-5-70
Status: in_force

As used in this chapter, “board” shall include the Mississippi Board of Corrections or its successor, and “lessee” shall mean the Mississippi Cooperative Extension Service.
Miss. Code Ann. § 47-5-413 — MS Code / Title 47 / Chapter 4 / Section 5-413
Miss. Code Ann. § 47-5-413
Status: in_force

County inmates performing public service work under Sections 47-5-401 through 47-5-421 shall be eligible for earned time credit in the same manner as other inmates confined or detained in the county jail or other county correctional facility. State inmates performing public service work shall be eligible for earned time credit in the same manner as other inmates confined or detained in state prisons or other state correctional facilities.
Miss. Code Ann. § 47-5-1014 — MS Code / Title 47 / Chapter 5 / Section 5-1014
Miss. Code Ann. § 47-5-1014
Status: in_force

(1) Participants who have been in the intensive supervision program since July 1, 2004, whether placed into the program before or after July 1, 2004, shall pay a Fifty Dollar ($50.00) monthly supervision fee to the Mississippi Department of Corrections for their supervision from July 1, 2004, or from the date the participant entered the program after July 1, 2004, until completion of the program, or April 6, 2005, or whichever occurs first. From and after April 6, 2005, all participants of the intensive supervision program shall pay the fee as established in Section 47-5-1013 .

(2) The Department of Corrections shall use its best effort to collect the monthly supervision fees in arrearage under this section.

(3) A participant's failure to pay the monthly fees in arrearage shall not be deemed a violation of a condition of the program, and the participant shall not be removed from the program for failure to pay the monthly fees in arrearage.

(4) This section shall not apply to any fees incurred after April 6, 2005.

(5) Any arrearage remaining under this section at the end of the offender's participation in the program shall automatically be reduced to a civil judgment and upon notice by the Department of Corrections shall be recorded with the circuit court clerk in the county wherein the participant resides. The Department of Corrections and/or the district attorney shall use best efforts to collect the judgment.
Miss. Code Ann. § 47-5-413 — MS Code / Title 47 / Chapter 1 / Section 5-413
Miss. Code Ann. § 47-5-413
Status: in_force

County inmates performing public service work under Sections 47-5-401 through 47-5-421 shall be eligible for earned time credit in the same manner as other inmates confined or detained in the county jail or other county correctional facility. State inmates performing public service work shall be eligible for earned time credit in the same manner as other inmates confined or detained in state prisons or other state correctional facilities.
Miss. Code Ann. § 47-7-33 — MS Code / Title 47 / Chapter 7 / Section 7-33
Miss. Code Ann. § 47-7-33
Status: in_force

(1) When it appears to the satisfaction of any circuit court or county court in the State of Mississippi having original jurisdiction over criminal actions, or to the judge thereof, that the ends of justice and the best interest of the public, as well as the defendant, will be served thereby, such court, in termtime or in vacation, shall have the power, after conviction or a plea of guilty, except in a case where a death sentence or life imprisonment is the maximum penalty which may be imposed, to suspend the imposition or execution of sentence, and place the defendant on probation as herein provided, except that the court shall not suspend the execution of a sentence of imprisonment after the defendant shall have begun to serve such sentence. In placing any defendant on probation, the court, or judge, shall direct that such defendant be under the supervision of the Department of Corrections.

(2) When any circuit or county court places an offender on probation, the court shall give notice to the Mississippi Department of Corrections within fifteen (15) days of the court's decision to place the offender on probation. Notice shall be delivered to the central office of the Mississippi Department of Corrections and to the regional office of the department which will be providing supervision to the offender on probation.

(3) When any circuit court or county court places a person on probation in accordance with the provisions of this section and that person is ordered to make any payments to his family, if any member of his family whom he is ordered to support is receiving public assistance through the State Department of Human Services, the court shall order him to make such payments to the county welfare officer of the county rendering public assistance to his family, for the sole use and benefit of said family.
Miss. Code Ann. § 47-5-317 — MS Code / Title 47 / Chapter 4 / Section 5-317
Miss. Code Ann. § 47-5-317
Status: in_force

The Industries Division of the State Department of Corrections shall fix and determine the prices at which all articles or products manufactured or produced shall be furnished.
Miss. Code Ann. § 47-5-507 — MS Code / Title 47 / Chapter 1 / Section 5-507
Miss. Code Ann. § 47-5-507
Status: in_force

The participating industry or business shall be responsible for providing the offenders with any vocational education or training necessary for employment. Upon an offender's release from custody, the participating industry or business may offer such offender a similar employment opportunity at a free-world location or facility operated by the industry or business.
Miss. Code Ann. § 47-5-563 — MS Code / Title 47 / Chapter 5 / Section 5-563
Miss. Code Ann. § 47-5-563
Status: in_force

(1) The department may adopt such rules as may be necessary to govern the use of inmates by the corporation; however, such rules shall be related only to the need for security, inmate projections, and efficient operation of each institution.

(2) The corporation, with the input of the department, shall establish policies and procedures subject to the approval of the department's legal counsel relating to the use of inmates in the correctional work programs.

(3) All such policies and procedures adopted by the department and the corporation shall be placed on file in the Office of the Secretary of State.
Miss. Code Ann. § 47-5-4 — MS Code / Title 47 / Chapter 4 / Section 5-4
Miss. Code Ann. § 47-5-4
Status: in_force

For purposes of this chapter, the following words shall have the meaning ascribed herein unless the context shall otherwise require:

(a) “Adult” shall mean a person who is eighteen (18) years of age or older, or any person convicted of any crime not subject to the provisions of the Youth Court Law, or any person “certified” to be tried as an adult by any youth court in the state.

(b) “Juvenile,” “minor” or “youthful” shall mean a person less than eighteen (18) years of age.

(c) “Offender” shall mean any person convicted of a crime or offense under the laws and ordinances of the state and its political subdivisions.

(d) “Facility or institution” shall mean any facility for the custody, care, treatment and study of offenders which is under the supervision and control of the Department of Corrections, including but not limited to the State Penitentiary property located in Sunflower and Quitman Counties.

(e) “Detention” shall mean the temporary care of juveniles and adults who require secure custody for their own or the community's protection in a physically restricting facility prior to adjudication, or retention in a physically restricting facility upon being taken into custody after an alleged parole or probation violation.

(f) “Unit of local government” shall mean a county, city, town, village, or other general purpose political subdivision of the state.

(g) “Department” shall mean the Mississippi Department of Corrections.

(h) “Commissioner” shall mean the Commissioner of Corrections.

(i) “Correctional system” shall mean the facilities, institutions, programs and personnel of the Department of Corrections utilized for adult offenders who are committed to the custody of the department.
Miss. Code Ann. § 47-5-457 — MS Code / Title 47 / Chapter 1 / Section 5-457
Miss. Code Ann. § 47-5-457
Status: in_force

The willful failure of an inmate to remain within the extended limits of his confinement or to return to the place of confinement within the time prescribed shall be deemed an escape from a state penal institution and shall be punishable accordingly.
Miss. Code Ann. § 47-1-55 — MS Code / Title 47 / Chapter 1 / Section 1-55
Miss. Code Ann. § 47-1-55
Status: in_force

In the case of a jail jointly owned by a county and a municipality, the circuit judge in the district in which such jail is located, upon the request and recommendation of either the sheriff of the county or the marshal or chief of police of the municipality involved in the joint ownership, may authorize additional jail guards in cases of emergency and the cost thereof shall be paid in equal proportions by the county and municipality involved.
Miss. Code Ann. § 47-5-1223 — MS Code / Title 47 / Chapter 1 / Section 5-1223
Miss. Code Ann. § 47-5-1223
Status: in_force

(1) The Commissioner of the Department of Corrections shall designate an existing employee of the Department of Corrections as a contract compliance officer within the department which shall monitor any contracts between the state and private entities for the operation and management of correctional facilities, and shall assure contractor compliance with its performance work statement and assure the provision of prisoner care requirements.

(2) The contract compliance officer shall be responsible for monitoring all aspects of each privatized correctional facility. The officer shall be provided an on-site work area, shall be on-site on a daily basis, and shall have access to all areas of the facilities and to offenders and staff at all times. The private contractor or contractors shall provide any and all data, reports and other materials that the contract compliance officer determines are necessary to carry out monitoring responsibilities under this section.

(3) The contract compliance officer shall report at least annually, or as requested, to the Governor, the Senate Committee on Corrections, the House Penitentiary Committee and the Joint Legislative Committee on Performance Evaluation and Expenditure Review on the performance of the private contractor or contractors.

(4) The salary and expenses of the contract compliance officer shall be reimbursed to the Department of Corrections by the private entity that has contracted to operate or manage a correctional facility.
Miss. Code Ann. § 47-7-31 — MS Code / Title 47 / Chapter 4 / Section 7-31
Miss. Code Ann. § 47-7-31
Status: in_force

Upon request of the governor the department of corrections shall investigate and report to him with respect to any case of pardon, commutation of sentence, reprieve, furlough or remission of fine or forfeiture.

Any attorney of record in the state of Mississippi representing any person whose record is before the department shall have the right to inspect such records on file with the department.
Miss. Code Ann. § 47-7-11 — MS Code / Title 47 / Chapter 7 / Section 7-11
Miss. Code Ann. § 47-7-11
Status: in_force

All salaries and expenses incurred in the carrying out of this chapter shall be paid out of funds appropriated by the legislature for the support and maintenance of the probation and parole board. All accounts, including salaries, shall be approved and allowed by the board, and the board shall keep a complete record thereof.
Miss. Code Ann. § 47-5-104 — MS Code / Title 47 / Chapter 5 / Section 5-104
Miss. Code Ann. § 47-5-104
Status: in_force

The commissioner shall designate a disciplinary hearing officer to hear evidence and to make decisions in all cases when an offender has been issued a rule violation report and is subject to be demoted or having earned time taken from him. All proceedings of a disciplinary hearing officer shall be taped and retained for at least three (3) years. The commissioner shall not attend any hearings whereby an offender is subject to be demoted or having earned time taken away.
Miss. Code Ann. § 47-5-110.2 — MS Code / Title 47 / Chapter 3 / Section 5-110.2
Miss. Code Ann. § 47-5-110.2
Status: in_force

From and after January 1, 2017, no person to be sentenced to the custody of the Mississippi Department of Corrections shall be ordered to a Regimented Inmate Discipline (RID) program by any court of this state. The Department of Corrections shall either operate RID programs for inmates sentenced to such a program prior to January 1, 2017, or devise and implement suitable alternatives for any such inmates.
Miss. Code Ann. § 47-5-419 — MS Code / Title 47 / Chapter 3 / Section 5-419
Miss. Code Ann. § 47-5-419
Status: in_force

The sheriff may designate any officer or employee of the county to do and perform for the county any act or function Sections 47-5-401 through 47-5-421 empower the county to do or perform; provided, however, no elected official of the county shall be designated to do or perform any act or function for the county unless such elected officer is agreeable to being so designated.

The Commissioner of Corrections may designate any employee of the State Department of Corrections to do and perform for the department any act or function Sections 47-5-401 through 47-5-421 empower the department to do or perform.
Miss. Code Ann. § 47-5-1103 — MS Code / Title 47 / Chapter 4 / Section 5-1103
Miss. Code Ann. § 47-5-1103
Status: in_force

As used in Sections 47-5-1101 through 47-5-1123 , unless the context otherwise requires:

(a) “Commissioner” means the Commissioner of Corrections.

(b) “Contractor” means any private entity entering into a contractual agreement with the commissioner to provide special needs facilities or correctional services to inmates under the custody of the department.

(c) “Department” means the Department of Corrections.

(d) “Special needs” means an inmate with diminished mental or physical health requiring specialized healthcare facilities or services. This does not include HIV positive inmates.
Miss. Code Ann. § 47-7-1 — MS Code / Title 47 / Chapter 7 / Section 7-1
Miss. Code Ann. § 47-7-1
Status: in_force

This chapter shall be known as the “Probation and Parole Law.”
Miss. Code Ann. § 47-5-569 — MS Code / Title 47 / Chapter 1 / Section 5-569
Miss. Code Ann. § 47-5-569
Status: in_force

(1) Except as otherwise specifically provided by law, if the department leases a single correctional work program at any correctional institution to the corporation, the corporation shall lease all such correctional work programs at that institution. Any rent paid by the corporation to the department shall be deposited in a correctional programs trust fund for enhancement of education and training, post-release job placement, and other correctional purposes related to the purposes of Sections 47-5-531 through 47-5-575 .

(2) All leases of department-owned land for the funding or operations of the corporation shall be subject to the approval of the corporation, the Mississippi Department of Corrections and the Public Procurement Review Board.

(3) This section shall not apply to any program within the prison agricultural enterprises operated by the department.
Miss. Code Ann. § 47-5-803 — MS Code / Title 47 / Chapter 4 / Section 5-803
Miss. Code Ann. § 47-5-803
Status: in_force

(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 state court 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 court 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.
Miss. Code Ann. § 47-5-78 — MS Code / Title 47 / Chapter 4 / Section 5-78
Miss. Code Ann. § 47-5-78
Status: in_force

There is established within the State Treasury a revolving fund to fund forest management costs provided under Sections 47-5-56 and 47-5-66 for the Lambert State Forest in Quitman County and shall be disbursed as provided in those sections. The fund shall be called the “Lambert State Forest Revolving Fund,” and moneys for the fund shall accrue from any revenues derived from the Lambert State Forest including, but not limited to, timber sales and any other revenue derived from forest management practices. The State Treasurer shall invest all monies in the fund, and interest earned on the investments shall be paid back into the fund and not into the General Fund. The fund shall be audited annually by the State Auditor.
Miss. Code Ann. § 47-5-107 — MS Code / Title 47 / Chapter 5 / Section 5-107
Miss. Code Ann. § 47-5-107
Status: in_force

Any contract entered into by any person, firm or corporation with the department can be cancelled, in the discretion of the commissioner, upon a finding of fact by the correctional system auditor provided for in Section 47-5-35 , and entered on the minutes of the Public Procurement Review Board, that the person, firm or corporation doing business with the correctional system has violated either the published regulations of the correctional system or the laws of the State of Mississippi.
Miss. Code Ann. § 47-7-11 — MS Code / Title 47 / Chapter 4 / Section 7-11
Miss. Code Ann. § 47-7-11
Status: in_force

All salaries and expenses incurred in the carrying out of this chapter shall be paid out of funds appropriated by the legislature for the support and maintenance of the probation and parole board. All accounts, including salaries, shall be approved and allowed by the board, and the board shall keep a complete record thereof.
Miss. Code Ann. § 47-5-573 — MS Code / Title 47 / Chapter 5 / Section 5-573
Miss. Code Ann. § 47-5-573
Status: in_force

(1) In adopting or modifying master plans for correctional work programs, and in the administration of the Department of Corrections, it shall be the objective of the department to develop a logical sequence of vocational training, employment by correctional work programs, and post-release job placement for inmates participating in correctional work programs.

(2) The Department of Corrections shall establish guidelines for the development of correctional work programs.

(3) The needs of the corporation shall be considered by the department when assigning and transferring prisoners to correctional institutions. The following criteria shall be used when assigning and transferring inmates:

(a) Skills of the inmate relevant to the corporation's industries;

(b) Security classification of the inmate relevant to the type of corporation's industry;

(c) Duration of availability of the inmate for employment by the corporation;

(d) Establishment of a concept of potentially rehabilitative inmate.
Miss. Code Ann. § 47-5-1211 — MS Code / Title 47 / Chapter 5 / Section 5-1211
Miss. Code Ann. § 47-5-1211
Status: in_force

(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.

(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.
Miss. Code Ann. § 47-5-2 — MS Code / Title 47 / Chapter 1 / Section 5-2
Miss. Code Ann. § 47-5-2
Status: in_force

(1) There is hereby created the Corrections Investigative Taskforce which shall consist of the following members: the Attorney General; State Auditor; the Chief Executive Officer of the Bureau of Narcotics, or his designee; the Chief Executive Officer of the Department of Public Safety, or his designee; the Chairman of the Senate Corrections Committee and the Chairman of the House Penitentiary Committee.

(2) The taskforce shall:

(a) Conduct or cause to be conducted periodic investigation of the Department of Corrections;

(b) Study and make recommendations on correctional policies, including, but not limited to:

(i) Drug trafficking;

(ii) Inmate gang activity;

(iii) Internal accounting and control procedures; and

(iv) Correction services and programs.

(c) Request assistance from the Department of Audit, Office of the Attorney General, Department of Public Safety, Bureau of Narcotics and any other state agency. Any state agency shall comply with a request for assistance to the fullest extent possible.

(3) The taskforce shall submit its findings and recommendations to the Governor and the Legislature no later than January 15 of each year.
Miss. Code Ann. § 47-5-801 — MS Code / Title 47 / Chapter 3 / Section 5-801
Miss. Code Ann. § 47-5-801
Status: in_force

The Department of Corrections is hereby authorized to adopt an administrative review procedure at each of its correctional facilities in compliance with 42 USCS Section 1997 , the “Civil Rights of Institutionalized Persons Act,” or CRIPA, and Part 40 of Title 28, Code of Federal Regulations .
Miss. Code Ann. § 47-5-417 — MS Code / Title 47 / Chapter 4 / Section 5-417
Miss. Code Ann. § 47-5-417
Status: in_force

No inmate granted privileges under the provisions of Sections 47-5-401 through 47-5-421 shall be deemed to be an agent, employee or involuntary servant of the Department of Corrections, the state or any political subdivision thereof, while involved in the free community or while going to and from work or other specified areas or while on furlough pass.
Miss. Code Ann. § 47-5-547 — MS Code / Title 47 / Chapter 3 / Section 5-547
Miss. Code Ann. § 47-5-547
Status: in_force

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.
Miss. Code Ann. § 47-7-83 — MS Code / Title 47 / Chapter 5 / Section 7-83
Miss. Code Ann. § 47-7-83
Status: in_force

Pursuant to the Interstate Compact for Adult Offender Supervision, the Department of Corrections may assume the duties of supervision over offenders of any sending state who were convicted of misdemeanors. The Department of Corrections may not supervise offenders convicted of misdemeanors of states that are not participating in the compact.
Miss. Code Ann. § 47-5-1109 — MS Code / Title 47 / Chapter 1 / Section 5-1109
Miss. Code Ann. § 47-5-1109
Status: in_force

The initial contract for the operation of a facility or for incarceration of prisoners or inmates therein shall be for a period of not more than five (5) years with an option to renew for an additional period of two (2) years. Contracts for construction, purchase, or lease of a facility shall not exceed a term of fifteen (15) years. Any contract for housing beyond the initial five (5) years shall be subject to annual appropriation by the Legislature if public funds are used to finance the construction.
Miss. Code Ann. § 47-5-401 — MS Code / Title 47 / Chapter 1 / Section 5-401
Miss. Code Ann. § 47-5-401
Status: in_force

(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.
Miss. Code Ann. § 47-5-949 — MS Code / Title 47 / Chapter 3 / Section 5-949
Miss. Code Ann. § 47-5-949
Status: in_force

The correctional facility authorized in Section 47-5-943 shall provide any juvenile offender housed in the facility with continuing education throughout his incarceration which leads to the presentation of a high school diploma or High School Equivalency Diploma equivalent. The facility also shall provide a program of vocational education, which is to be included in the continuing education program for a high school diploma or High School Equivalency Diploma equivalent.
Miss. Code Ann. § 47-5-577 — MS Code / Title 47 / Chapter 5 / Section 5-577
Miss. Code Ann. § 47-5-577
Status: repealed

Sections 47-5-531 through 47-5-575 , which create the Mississippi Prison Industries Act of 1990, shall stand repealed from and after July 1, 2027.
Miss. Code Ann. § 47-7-55 — MS Code / Title 47 / Chapter 1 / Section 7-55
Miss. Code Ann. § 47-7-55
Status: in_force

(1) There is hereby created a joint committee of the Senate and House of Representatives to be known as the Parole Commission, hereinafter referred to as the “commission.” The commission shall study and make recommendations to the Legislature related to the abolition of parole, the complete and thorough classification of inmates prior to sentencing and sentencing standards.

(2) The commission shall consist of the following members:

(a) Three (3) members of the House Judiciary “B” Committee and three (3) members of the House Penitentiary Committee appointed by the Speaker.

(b) Three (3) members of the Senate Corrections Committee and three (3) members of the Senate Judiciary Committee appointed by the Lieutenant Governor.

(3) The Chairman of the Senate Corrections Committee and the Chairman of the House Penitentiary Committee shall serve as co-chair of the commission.

(4) The commission shall submit its findings and recommendations to the Legislature no later than January 2, 1996.

(5) For attending meetings of the commission, members of the commission shall receive per diem as provided by Section 25-3-69 , and reimbursement of expenses as provided by Section 5-1-47 . The members of the commission shall obtain the approval of the Management Committee of the House of Representatives and the Contingent Expense Committee of the Senate for per diem and travel expense expenditures of the commission. The members of the commission shall not receive per diem or expenses while the Legislature is in session. All expenses incurred by and on behalf of the commission shall be paid from the contingency funds of the Senate and the House of Representatives.

(6) In conducting its activities pursuant to this section, the commission may elicit the support of and participation by federal, state and local agencies and interested associations, organizations and individuals. The commission may appoint an advisory committee whose members shall serve without compensation. The advisory committee may consist of judges, prosecuting attorneys, defense attorneys, medical professionals, correctional personnel and any other individual or groups that the commission desires to place on the advisory committee.
Miss. Code Ann. § 47-5-157 — MS Code / Title 47 / Chapter 5 / Section 5-157
Miss. Code Ann. § 47-5-157
Status: in_force

(1) When an offender is entitled to a discharge from the custody of the department, or is released therefrom on parole, pardon, or otherwise, the commissioner or his designee shall prepare and deliver to him a written discharge or release, as the case may be, dated and signed by him with seal annexed, giving the offender's name, the name of the offense or offenses for which he was convicted, the term of sentence imposed and the date thereof, the county in which he was sentenced, the amount of commutation received, if any, the trade he has learned, if any, his proficiency in same, and such description of the offender as may be practicable and the discharge plan developed as required by law. At least fifteen (15) days prior to the release of an offender as described herein, the director of records of the department shall give the written notice which is required pursuant to Section 47-5-177 .

(2) The offender shall be furnished:

(a) A Mississippi driver's license, if eligible;

(b) A provisional license under Section 63-1-305 ; or

(c) A state identification card that is not a department-issued identification card.

The offender shall also be furnished all money held to his credit by any official of the correctional system and, if needed, suitable civilian clothes.

(3) The amount of money which an offender is entitled to receive from the State of Mississippi when he is discharged from the state correctional system shall be determined as follows:

(a) If he has continuously served his sentence in one (1) year or less flat time, he shall be given Fifteen Dollars ($15.00).

(b) If he has served his sentence in more than one (1) year flat time and in less than ten (10) years flat time, he shall be given Twenty-five Dollars ($25.00).

(c) If he has continuously served his sentence in ten (10) or more years flat time, he shall be given Seventy-five Dollars ($75.00).

(d) If he has continuously served his sentence in twenty (20) or more years flat time, he shall be given One Hundred Dollars ($100.00).

(e) There shall be given in addition to the above specified monies in paragraphs (a), (b), (c) and (d) of this subsection, a bus ticket to the county of conviction or to a state line of Mississippi.
Miss. Code Ann. § 47-5-33 — MS Code / Title 47 / Chapter 3 / Section 5-33
Miss. Code Ann. § 47-5-33
Status: in_force

The commissioner, in the discharge of his duties, is authorized to administer oaths, to summon and examine witnesses, and take such other steps as may be necessary to ascertain the truth of any matter about which he may have the right to inquire.
Miss. Code Ann. § 47-5-126 — MS Code / Title 47 / Chapter 3 / Section 5-126
Miss. Code Ann. § 47-5-126
Status: in_force

All inmates, unless physically unable, shall be required to perform such work as may be set out in the policy-making board of the institution.
Miss. Code Ann. § 47-5-87 — MS Code / Title 47 / Chapter 1 / Section 5-87
Miss. Code Ann. § 47-5-87
Status: in_force

No gasoline or motor oil shall be sold for personal use by the state correctional system to any of its employees. Gasoline shall be delivered only in tank truck or tank car lots in such quantities as the commissioner may deem necessary, and motor oil in such quantities as may be needed.
Miss. Code Ann. § 47-5-547 — MS Code / Title 47 / Chapter 1 / Section 5-547
Miss. Code Ann. § 47-5-547
Status: in_force

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.
Miss. Code Ann. § 47-5-313 — MS Code / Title 47 / Chapter 3 / Section 5-313
Miss. Code Ann. § 47-5-313
Status: in_force

At least thirty (30) days before the beginning of each fiscal year, the State Fiscal Management Board shall provide to the State Department of Corrections, summary reports of the kind and amount of articles and products purchased for state commissions, departments, institutions, agencies and political subdivisions based upon the previous nine (9) months' experience. Not more than one hundred (100) days following the close of each fiscal year, the State Fiscal Management Board shall submit to the State Department of Corrections a report showing the kinds and amounts of such penitentiary-manufactured articles purchased by all state commissions, departments, institutions, agencies and political subdivisions based upon the purchase experience of the entire previous fiscal year. All such reports shall refer, insofar as possible, to the items or products contained in the catalogue as issued by the State Department of Corrections. The State Fiscal Management Board may at any time request the State Department of Corrections to manufacture or produce additional articles or products.
Miss. Code Ann. § 47-5-545 — MS Code / Title 47 / Chapter 5 / Section 5-545
Miss. Code Ann. § 47-5-545
Status: in_force

Except as otherwise specifically provided by law, after the commissioning and implementation of a marketing feasibility study for any proposed new prison industry, the corporation may establish such prison industry. Before any new industry is established, the corporation shall hold a hearing to determine the impact such industry may have on the private sector market. The corporation shall provide adequate and advance notice regarding the nature, time, date and place of such hearing. After the hearing which is required under this section, the corporation may commence negotiations with the State Department of Corrections, with the Secretary of State, or his designee, serving as a mediator, regarding the leasing of land and other chattels for the purpose of establishing any new industry.
Miss. Code Ann. § 47-5-54 — MS Code / Title 47 / Chapter 5 / Section 5-54
Miss. Code Ann. § 47-5-54
Status: in_force

Employees assigned to the canine unit of the department may, upon request, assist law enforcement agencies by using specially trained dogs in any matter relating to the tracking, discovery or capture of any person in the enforcement of criminal statutes pertaining to the possession, sale or use of narcotics or other dangerous drugs, or in the pursuit of suspected felons and, while so doing, shall have the status of peace officers anywhere in the state 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 .

Employees of the department 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, shall have 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 .

The commissioner may appoint investigators with the Corrections Investigation Division who have been certified by the Board on Law Enforcement Officer Standards and Training and who shall be empowered to investigate and enforce all applicable regulations of the department, which are related to the functions and missions of the department, and all laws of the State of Mississippi and who shall be empowered to investigate and enforce all laws of the State of Mississippi in private correctional facilities and regional county correctional facilities. These employees 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 .

These officers shall be under the supervision of the commissioner. These officers may perform any service of process required to be performed at any facility owned by the Department of Corrections, at any private correctional facility or at any regional county correctional facility.

The commissioner may promulgate rules regulating the speed of motor vehicles on roads within the grounds of any correctional facility and such restrictions may be enforced by employees of the department by citation or as otherwise prescribed by law.
Miss. Code Ann. § 47-5-1227 — MS Code / Title 47 / Chapter 1 / Section 5-1227
Miss. Code Ann. § 47-5-1227
Status: in_force

(1) No public official or an employee of a state agency who has duties or responsibilities related to the contracting, constructing, leasing, acquiring or operating a private correctional facility may become an employee, consultant or contract vendor to a private entity providing such facility or services to the state within one (1) year after the termination of his service or employment.

(2) Any person violating this section shall be guilty of a misdemeanor and punished by a fine of not less than Five Hundred Dollars ($500.00) but not more than One Thousand Dollars ($1,000.00).
Miss. Code Ann. § 47-5-1121 — MS Code / Title 47 / Chapter 3 / Section 5-1121
Miss. Code Ann. § 47-5-1121
Status: in_force

No contract for private correctional facilities or services shall authorize, allow, or imply a delegation of the authority or responsibility of the state to a prison contractor to:

(a) Classify inmates or place inmates in less restrictive custody or more restrictive custody;

(b) Transfer an inmate, although the contractor may recommend in writing that the department transfer a particular inmate;

(c) Grant, deny, or revoke sentence credits;

(d) Recommend that the parole board either deny or grant parole, although the contractor may submit written reports that have been prepared in the ordinary course of business;

(e) Develop and implement procedures for calculating sentence credits or inmate release and parole eligibility dates;

(f) Require an inmate to work, except on department-approved projects; approve the type of work that inmates may perform; or award or withhold wages or sentence credits based on the manner in which individual inmates perform such work; or

(g) Determine inmate eligibility for furlough and work release.
Miss. Code Ann. § 47-7-36 — MS Code / Title 47 / Chapter 7 / Section 7-36
Miss. Code Ann. § 47-7-36
Status: in_force

(1) Any person who supervises an individual placed on parole by the Parole Board or placed on probation by the court shall set the times and locations for meetings that are required for parole or probation at such times and locations that are reasonably designed to accommodate the work schedule of an individual on parole or probation who is employed by another person or entity.

(2) To effectuate the provisions of this section, the parole officer or probation officer may utilize technology portals such as Skype, FaceTime or Google video chat, or any other technology portal that allows communication between the individual on parole or probation and the parole or probation officer, as applicable, to occur simultaneously in real time by voice and video in lieu of requiring a face-to-face in person meeting of such individual and the parole or probation officer, as applicable. For individuals who are self-employed, the provisions of this subsection shall only apply with the agreement of their supervising parole or probation officer.

(3) The Department of Corrections shall promulgate rules and regulations to implement the provisions of this section. The rules and regulations promulgated by the department shall include, but are not limited to, minimum standards and guidelines for the authorized technology and how it may be used as well as standards for determining the eligibility and suitability of an individual on parole or probation to meet his or her reporting requirements through the use of such technology. The eligibility and suitability standards shall include consideration of the severity of the individual's underlying criminal conviction and such individual's criminal history, supervision level, and past supervision history.

(4) This section shall not apply to offenders whose employers comply with the requirements of Section 47-7-36.1(1) .
Miss. Code Ann. § 47-5-111 — MS Code / Title 47 / Chapter 3 / Section 5-111
Miss. Code Ann. § 47-5-111
Status: in_force

The commissioner shall make suitable provision and regulations for the safe and speedy transportation of offenders from counties of their confinement to the appropriate facility of the correctional system by the sheriffs of such respective counties if such sheriffs are willing to perform such services as cheaply as the correctional system can have it done otherwise. Such transportation shall be on state account. In no instance shall the offenders be carried direct from the county jails to a correctional facility, but shall be carried to the appropriate receiving station as designated by the commissioner where the character of labor which each offender may reasonably perform shall be determined. Upon the arrival of each offender at such receiving station, the commissioner shall cause a statement to be made by the offender, giving a brief history of his life, and showing where he has resided, the names and post office addresses of his immediate relatives, and such other facts as will tend to show his past habits and character. The commissioner shall, by correspondence or otherwise, verify or disprove such statements, if practicable, and shall preserve the record and information so obtained for future reference. The commissioner shall have authority to designate such vehicles as are necessary to transport offenders.
Miss. Code Ann. § 47-5-501 — MS Code / Title 47 / Chapter 3 / Section 5-501
Miss. Code Ann. § 47-5-501
Status: in_force

Except as otherwise specifically provided by law, it is hereby declared to be the intent of the Legislature to provide vocational education and training for offenders in the custody of the Mississippi Department of Corrections and simultaneously reimburse the state for the expenses of incarcerating such offenders. To implement this goal, the Legislature intends for the Department of Corrections to work in conjunction with private industry to locate viable industries and businesses on property utilized by the State Prison Correctional System and utilize offenders in the custody of the Department of Corrections as the labor force necessary to conduct their operations.
Miss. Code Ann. § 47-5-124 — MS Code / Title 47 / Chapter 3 / Section 5-124
Miss. Code Ann. § 47-5-124
Status: in_force

(1) Beginning January 1, 1995, the Department of Corrections shall phase in the following uniform designations for all offenders housed by the Department of Corrections:

(a) Maximum security offenders--Red and white horizontal stripes which are three (3) inches wide;

(b) Medium security offenders--Black and white horizontal stripes which are three (3) inches wide; and

(c) Minimum security offenders--Green and white horizontal stripes which are three (3) inches wide.

No offender may wear any article of clothing that is not issued to the offender by the Department of Corrections. The word “convict” must be written on the back of the shirt or other upper outer garment of clothing.

(2) No convict incarcerated in a state correctional facility or a private correctional facility may be authorized or permitted to operate, use or have in his possession during the term of his incarceration any radio, television, record player, tape player, recorder, compact disc player, stereo or computer, except when such devices are used in a work incentive program authorized and administered by the Department of Corrections. The department shall develop and implement a plan to return such devices owned by inmates to the families of such inmates.

(3) No state correctional facility existing on August 23, 1994, and no correctional facility, public or private, constructed or contracted for under the provisions of this chapter shall include weight lifting equipment, except when such equipment is used in a work incentive program.

(4) An inmate is prohibited from possessing individual air conditioners. However, the Department of Finance and Administration and Department of Corrections shall determine the feasibility and cost effectiveness of heating and refrigerated air conditioning equipment for the cooling and heating of a correctional facility constructed after August 23, 1994.
Miss. Code Ann. § 47-1-35 — MS Code / Title 47 / Chapter 1 / Section 1-35
Miss. Code Ann. § 47-1-35
Status: reserved

(1) The board of supervisors of any county that now maintains and operates a county penal farm, commonly known as a “county farm,” which farm contains more than five hundred (500) acres and less than six hundred (600) acres of land, which said farm has been continuously operating at a loss to the county for a period of five (5) years or more, and provided said county contains at least four hundred (400) square miles of territory and less than four hundred twenty-five (425) square miles of territory within its boundaries, shall sell, at public sale after receiving bids as required by law for the letting of public contracts, to the highest and best bidder for cash, said county farm; provided, however, that the said board shall retain for the benefit of the county and shall reserve from said sale, at least one-half ( 1 / 2 ) of the mineral rights and interests in said lands, with full right in the said board, in its discretion, to lease said retained and reserved mineral interests and rights, to the highest and best bidder after receiving bids therefor in the same manner, at the same or any other time.

(2) Any and all amounts received from such sale of said lands and from such lease of said mineral interests or rights, shall be, on receipt by the board, applied to the payment of the bonded indebtedness of said county.
Miss. Code Ann. § 47-5-140 — MS Code / Title 47 / Chapter 4 / Section 5-140
Miss. Code Ann. § 47-5-140
Status: in_force

Each county attorney, district attorney, each member of the Parole Board and circuit judge shall be provided a copy of a handbook prepared by the commissioner which shall include a copy of Section 47-5-138 and Section 47-5-139 , and shall clearly show how such sections would apply to an offender sentenced to terms of various lengths. Each offender shall be provided a copy of the handbook upon arrival at the correctional system and have it explained to him as a part of his initial orientation.
Miss. Code Ann. § 47-5-178 — MS Code / Title 47 / Chapter 1 / Section 5-178
Miss. Code Ann. § 47-5-178
Status: in_force

The Department of Corrections is authorized to provide for hospice care services for inmates who are confined in facilities under the jurisdiction of the department and who are terminally ill as defined in Section 41-85-3 . The department may have those hospice care services provided by properly qualified employees of the department or may contract for the providing of the hospice care services. If the department provides the hospice care services with department employees, the department is not required to have a license under the Mississippi Hospice Law.
Miss. Code Ann. § 47-1-33 — MS Code / Title 47 / Chapter 1 / Section 1-33
Miss. Code Ann. § 47-1-33
Status: in_force

The sheriff on receiving each convict shall furnish such convict with a certificate showing the amount of the fine and costs, as far as the costs are then known, the beginning and length of his term of imprisonment. The convict shall be allowed to have and keep such certificate on or about his person, if he so desires.
Miss. Code Ann. § 47-5-72 — MS Code / Title 47 / Chapter 5 / Section 5-72
Miss. Code Ann. § 47-5-72
Status: in_force

The Department of Corrections, counties and municipalities are authorized to develop regional recycling centers at regional correctional facilities. The department may establish a work program for inmates to participate in the recycling program. Inmates that are ineligible to participate in joint state-county programs and public service programs are also ineligible to participate in the program established for regional recycling centers.
Miss. Code Ann. § 47-7-47 — MS Code / Title 47 / Chapter 1 / Section 7-47
Miss. Code Ann. § 47-7-47
Status: in_force

(1) The judge of any circuit court may place an offender on a program of earned probation, in an intensive supervision program or any intervention court authorized by law after a period of confinement as set out herein and the judge may seek the advice of the commissioner and shall direct that the defendant be under the supervision of the department.

(2)(a) Any circuit court or county court may, upon its own motion, acting upon the advice and consent of the commissioner not earlier than thirty (30) days nor later than three (3) years after the defendant has been delivered to the custody of the department, incarcerated by order of the court or otherwise sentenced, modify, alter or suspend the further execution of the sentence and place the defendant on earned probation, in an intensive supervision program or any intervention court authorized by law except when a death sentence or life imprisonment is the maximum penalty which may be imposed or if the defendant has been confined two (2) or more times for the conviction of a felony on a previous occasion in any court or courts of the United States and of any state or territories thereof or has been convicted of a felony involving the use of a deadly weapon.

(b) The authority granted in this subsection shall be exercised by the judge who imposed sentence on the defendant, or his successor.

(c) The time limit imposed by paragraph (a) of this subsection is not applicable to those defendants sentenced to the custody of the department prior to April 14, 1977. Persons who are convicted of crimes that carry mandatory sentences shall not be eligible for earned probation.

(3) When any circuit or county court places an offender on earned probation, the court shall give notice to the Mississippi Department of Corrections within fifteen (15) days of the court's decision to place the offender on earned probation. Notice shall be delivered to the central office of the Mississippi Department of Corrections and to the regional office of the department which will be providing supervision to the offender on earned probation.

(4) If the court places any person on probation or earned probation, the court may order the person, as a condition of probation, to a period of confinement and treatment at a private or public agency or institution, either within or without the state, which treats emotional, mental or drug-related problems. Any person who, as a condition of probation, is confined for treatment at an out-of-state facility shall be supervised pursuant to Section 47-7-71 , and any person confined at a private agency shall not be confined at public expense. Time served in any such agency or institution may be counted as time required to meet the criteria of subsection (2)(a).

(5) If the court places any person on probation or earned probation, the court may order the person to make appropriate restitution to any victim of his crime or to society through the performance of reasonable work for the benefit of the community.

(6) If the court places any person on probation or earned probation, the court may order the person, as a condition of probation, to submit, as provided in Section 47-5-601 , to any type of breath, saliva or urine chemical analysis test, the purpose of which is to detect the possible presence of alcohol or a substance prohibited or controlled by any law of the State of Mississippi or the United States.
Miss. Code Ann. § 47-5-531 — MS Code / Title 47 / Chapter 3 / Section 5-531
Miss. Code Ann. § 47-5-531
Status: in_force

Sections 47-5-531 through 47-5-575 shall be known as the “Mississippi Prison Industries Act of 1990.”
Miss. Code Ann. § 47-7-29 — MS Code / Title 47 / Chapter 7 / Section 7-29
Miss. Code Ann. § 47-7-29
Status: in_force

Any prisoner who commits a felony while at large upon parole or earned-release supervision and who is convicted and sentenced therefor shall be required to serve such sentence after the original sentence has been completed.
Miss. Code Ann. § 47-7-25 — MS Code / Title 47 / Chapter 5 / Section 7-25
Miss. Code Ann. § 47-7-25
Status: in_force

When an offender is placed on parole he shall receive, if needed, from the state, civilian clothing and transportation to the place in which he is to reside. At the discretion of the board the offender may be advanced such sum for his temporary maintenance as the board may allow. The aforesaid gratuities are to be furnished by the commissioner of corrections who is authorized to charge the actual cost of same in his account as commissioner of corrections.
Miss. Code Ann. § 47-5-116 — MS Code / Title 47 / Chapter 3 / Section 5-116
Miss. Code Ann. § 47-5-116
Status: in_force

(1) The term “ Biddle guard ” means a device or partition installed in a vehicle operated by a law enforcement officer which separates the front and rear passenger compartments.

(2) It is unlawful to transport a prisoner who is committed to the Department of Corrections in a vehicle which is not equipped with a secure Biddle guard. Each prisoner shall be restrained and a state, county, municipal or private correctional facility shall not release a prisoner into the custody of a law enforcement officer unless the prisoner is being transported in a vehicle equipped in accordance with this section.

(3) The Commissioner of Corrections, sheriff or chief law enforcement officer who is responsible for a vehicle in which any transportation in violation of this section occurs shall be assessed a civil penalty of One Thousand Five Hundred Dollars ($1,500.00) which shall be collected by the Attorney General and paid into the State Treasury.

(4) The Commissioner of Corrections, sheriff or chief law enforcement officer who is responsible for a vehicle in which a prisoner is transported in violation of this section shall not be liable personally for any damages arising from injuries to persons or property caused by a prisoner who has escaped while being transported in violation of this section.

(5) This section does not apply to any vehicle used by a correctional officer for transporting prisoners on the grounds of a correctional facility under the jurisdiction of the department, to any vehicle used by a field officer of the Department of Corrections when taking a prisoner into the custody of the Department of Corrections or to any vehicle used to transport prisoners in work release programs.
Miss. Code Ann. § 47-5-183 — MS Code / Title 47 / Chapter 1 / Section 5-183
Miss. Code Ann. § 47-5-183
Status: in_force

The Mississippi Department of Corrections is authorized, subject to the availability of funds, to secure a biological sample for purposes of DNA identification analysis from every individual convicted of a felony or in its custody before release from or transfer to a state correctional facility or county jail or other detention facility.
Miss. Code Ann. § 47-5-465 — MS Code / Title 47 / Chapter 5 / Section 5-465
Miss. Code Ann. § 47-5-465
Status: in_force

No inmate granted privileges under Sections 47-5-451 through 47-5-469 shall be deemed to be an agent, employee or involuntary servant of the Department of Corrections, any county board of supervisors, the state or any political subdivision thereof, while involved in the free community or while going to and from work or other specified areas or while on furlough pass.
Miss. Code Ann. § 47-5-321 — MS Code / Title 47 / Chapter 4 / Section 5-321
Miss. Code Ann. § 47-5-321
Status: in_force

The State Board of Corrections shall have the power and authority to prepare and promulgate policies which are necessary to give effect to the provisions of Sections 47-5-301 through 47-5-327 with respect to matters of administration respecting the same which if made shall be in writing, entered on their minutes, and available to the general public for inspection during the regular office hours of the department. Before taking effect, said policies, as well as subsequent amendments thereto, shall be placed on file by the department in the office of the secretary of state in a well-bound book designated by the secretary for that purpose.
Miss. Code Ann. § 47-5-935 — MS Code / Title 47 / Chapter 3 / Section 5-935
Miss. Code Ann. § 47-5-935
Status: in_force

Concurrent with the execution of a contract for housing of state offenders as authorized by Sections 47-5-931 through 47-5-941 , the sheriff of a county where the facility is located is designated as the Chief Corrections Officer for the facility housing state offenders, and in that capacity, shall assume responsibility for management of the corrections facility and for the provision of the care and control of the state offenders housed therein. The sheriff shall be subject to the direction of the department for management of the correctional facility. In addition to the compensation provided by Section 25-3-25 , the sheriff shall receive Fifteen Thousand Six Hundred Dollars ($15,600.00) as compensation for the duties specified in Sections 47-5-931 through 47-5-941 .
Miss. Code Ann. § 47-5-3 — MS Code / Title 47 / Chapter 1 / Section 5-3
Miss. Code Ann. § 47-5-3
Status: in_force

The plantation known as Parchman owned by the state in Sunflower and Quitman Counties, and in such other places as are now or may be hereafter owned or operated by the state for correctional purposes shall constitute the facilities of the correctional system for the custody, punishment, confinement at hard labor and reformation of all persons convicted of felony in the courts of the state and sentenced to the custody of the department, and whenever the term “penitentiary” or “state penitentiary” appears in the laws of the State of Mississippi, it shall mean any facility under the jurisdiction of the Department of Corrections which is used for the purposes described herein.
Miss. Code Ann. § 47-5-459 — MS Code / Title 47 / Chapter 5 / Section 5-459
Miss. Code Ann. § 47-5-459
Status: in_force

(1) Notwithstanding any other provisions of law to the contrary, the State Department of Corrections and the county board of supervisors shall endeavor to secure public service work or private paid employment for eligible inmates under Sections 47-5-451 through 47-5-469 , subject to the following criteria:

(a) Such work shall not result in the displacement of employed workers.

(b) Inmates eligible for work shall not be employed to impair any existing contracts.

(c) Exploitation of eligible inmates, in any form, is prohibited either as it might affect the community, the inmates, the department or the county.

(2) In those cases in which inmates have been authorized to engage in paid employment in the private sector which has been approved by the Department of Corrections and a county board of supervisors electing to establish a work program under Sections 47-5-451 through 47-5-469 , the disposition of funds received by such inmates shall be allocated by the Department of Corrections and the county board of supervisors. The guidelines to be used in the allocation of such funds shall include consideration of the following:

(a) The cost of maintenance of the inmate in his place of confinement and reimbursement for same to the appropriate person or entity;

(b) The operating expenses and costs incurred by the county or Department of Corrections in operating such a work program and reimbursement to such county or to the department; and

(c) Restitution to any victim of the offense for which the inmate was convicted in such amounts and under such conditions as the sentencing court may have imposed.
Miss. Code Ann. § 47-5-1009 — MS Code / Title 47 / Chapter 5 / Section 5-1009
Miss. Code Ann. § 47-5-1009
Status: in_force

(1) The department shall have absolute immunity from liability for any injury resulting from a determination by a judge or correctional officer that an offender shall be allowed to participate in the electronic home detention program.

(2) The Department of Audit shall annually audit the records of the department to ensure compliance with Sections 47-5-1001 through 47-5-1015 .
Miss. Code Ann. § 47-5-142 — MS Code / Title 47 / Chapter 4 / Section 5-142
Miss. Code Ann. § 47-5-142
Status: in_force

(1) In order to provide incentive for offenders to achieve positive and worthwhile accomplishments for their personal benefit or the benefit of others, and in addition to any other administrative reductions of the length of an offender's sentence, any offender shall be eligible, subject to the provisions of this section, to receive meritorious earned time as distinguished from earned time for good conduct and performance.

(2) Subject to approval by the commissioner of the terms and conditions of the program or project, meritorious earned time may be awarded for the following: (a) successful completion of educational or instructional programs; (b) satisfactory participation in work projects; and (c) satisfactory participation in any special incentive program.

(3) The programs and activities through which meritorious earned time may be received shall be published in writing and posted in conspicuous places at all facilities of the department and such publication shall be made available to all offenders in the custody of the department.

(4) The commissioner shall make a determination of the number of days of reduction of sentence which may be awarded an offender as meritorious earned time for participation in approved programs or projects; the number of days shall be determined by the commissioner on the basis of each particular program or project.

(5) No offender shall be awarded any meritorious earned time while assigned to the maximum security facilities for disciplinary purposes.

(6) All meritorious earned time shall be forfeited by the offender in the event of escape and/or aiding and abetting an escape.

(7) Any officer or employee of the department who shall willfully violate the provisions of this section and be convicted therefor shall be removed from office or employment.

(8) An offender may forfeit all or any part of his meritorious earned time allowance for just cause upon the written order of the commissioner or his designee. Any meritorious earned time allowance forfeited under this section shall not be restored nor shall it be re-earned by the offender.
Miss. Code Ann. § 47-5-1107 — MS Code / Title 47 / Chapter 1 / Section 5-1107
Miss. Code Ann. § 47-5-1107
Status: in_force

All facilities that are governed by this chapter shall be designed, constructed, and at all times maintained and operated in accordance with the American Correctional Association Standards in force at the time of contracting, as well as with subsequent ACA Standards to the extent that they are approved by the contracting agency. The facility shall meet the percentage of standards required for accreditation by the American Correctional Association.

In addition, all facilities shall at all times comply with all federal and state constitutional standards, federal, state and local laws, and all court orders.
Miss. Code Ann. § 47-7-40 — MS Code / Title 47 / Chapter 3 / Section 7-40
Miss. Code Ann. § 47-7-40
Status: in_force

(1) The commissioner shall establish rules and regulations for implementing the earned-discharge program that allows offenders on probation and parole to reduce the period of supervision for complying with conditions of probation. The department shall have the authority to award earned-discharge credits to all offenders placed on probation, parole, or post-release supervision who are in compliance with the terms and conditions of supervision. An offender serving a Mississippi sentence for an eligible offense in any jurisdiction under the Interstate Compact for Adult Offender Supervision shall be eligible for earned-discharge credits under this section. Offenders shall not be denied earned-discharge credits solely based on nonpayment of fees or fines if a hardship waiver has been granted as provided in Section 47-7-49 .

(2) For each full calendar month of compliance with the conditions of supervision, earned-discharge credits equal to the number of days in that month shall be deducted from the offender's sentence discharge date. Credits begin to accrue for eligible offenders after the first full calendar month of compliance supervision conditions. For the purposes of this section, an offender is deemed to be in compliance with the conditions of supervision if there was no violation of the conditions of supervision.

(3) No earned-discharge credits may accrue for a calendar month in which a violation report has been submitted, the offender has absconded from supervision, the offender is serving a term of imprisonment in a technical violation center, or for the months between the submission of the violation report and the final action on the violation report by the court or the board.

(4) Earned-discharge credits shall be applied to the sentence within thirty (30) days of the end of the month in which the credits were earned. At least every six (6) months, an offender who is serving a sentence eligible for earned-discharge credits shall be notified of the current sentence discharge date.

(5) Once the combination of time served on probation, parole or post-release supervision, and earned-discharge credits satisfy the term of probation, parole, or post-release supervision, the board or sentencing court shall order final discharge of the offender. No less than sixty (60) days prior to the date of final discharge, the department shall notify the sentencing court and the board of the impending discharge.

(6) The department shall provide semiannually to the Oversight Task Force the number and percentage of offenders who qualify for earned discharge in one or more months of the year and the average amount of credits earned within the year.
Miss. Code Ann. § 47-4-3 — MS Code / Title 47 / Chapter 4 / Section 4-3
Miss. Code Ann. § 47-4-3
Status: in_force

(1) Before a private correctional facility may be located in the county, the board of supervisors shall by resolution duly adopted and entered on its minutes specify the location of the facility, the nature and size of the facility, the type of inmates to be incarcerated and the identity of the private entity which will operate the facility. The board shall publish a notice as hereinafter set forth in a newspaper having general circulation in such county. Such notice shall include location of the facility, the nature and size of the facility, the type of inmates to be incarcerated and the identity of the entity which will operate the facility. Such notice shall include a brief summary of the provisions of this section pertaining to the petition for an election on the question of the location of the private correctional facility in such county. Such notice shall be published not less than one (1) time each week for at least three (3) consecutive weeks in at least one (1) newspaper having general circulation in the county.

(2) If a petition signed by twenty percent (20%), or fifteen hundred (1500), whichever is less, of the qualified electors of the county is filed within sixty (60) days of the date of the last publication of the notice with the board of supervisors requesting that an election be called on the question of locating such facility, then the board of supervisors shall adopt a resolution calling an election to be held within such county upon the question of the location of such facility. Such election shall be held, as far as practicable, in the same manner as other elections are held in counties. At such election, all qualified electors of the county may vote, and the ballots used at such election shall have printed thereon a brief statement of the facility to be constructed and the words “For the construction of the private correctional facility in (here insert county name) County” and “Against the construction of the private correctional facility in (here insert county name) County.” The voter shall vote by placing a cross (x) or check mark (✓) opposite his choice on the proposition. When the results of the election on the question of the construction of the facility shall have been canvassed by the election commissioners of the county and certified by them to the board of supervisors, it shall be the duty of the board of supervisors to determine and adjudicate whether or not a majority of the qualified electors who voted thereon in such election voted in favor of the construction of the facility in such county. If a majority of the qualified electors who voted in such election vote against the construction of the facility, then the facility shall not be constructed in the county.

(3) If no petition as prescribed in subsection (2) of this section is filed with the board of supervisors within sixty (60) days of the date of the last publication of the notice, the board of supervisors shall by a resolution duly adopted and entered on its minutes, state that no petition was timely filed and the board may give final approval to the location of the facility.
Miss. Code Ann. § 47-5-105 — MS Code / Title 47 / Chapter 1 / Section 5-105
Miss. Code Ann. § 47-5-105
Status: in_force

The award of all contracts within the purview of the Department of Finance and Administration under Section 27-104-7 in excess of Five Hundred Thousand Dollars ($500,000.00) entered into by the commissioner shall be approved by the Public Procurement Review Board and shall be entered on the minutes of such board before any funds shall be expended therefor. Provided further, that the entrance of the award of contracts on the minutes of the Public Procurement Review Board shall contain a detailed accounting of all bids entered showing clearly the lowest bid and best bid that was awarded in each and every case and, if the bid accepted is not the lowest, then the reasons and justification for not accepting the lowest bid shall be spread on the minutes. A true copy of the minutes of each meeting of the Public Procurement Review Board shall be sent monthly to the Governor, members of the Legislative Budget Office and Chairmen of the Corrections Committees of the Senate and the House of Representatives.
Miss. Code Ann. § 47-5-551 — MS Code / Title 47 / Chapter 5 / Section 5-551
Miss. Code Ann. § 47-5-551
Status: in_force

In the event the corporation is dissolved or its lease of any prison industry program expires or is otherwise terminated, all property relating to such prison industry program which ceases to function because of such termination or dissolution, including all funds, buildings, land, furnishings, equipment and other chattels subsequently purchased or otherwise acquired by the corporation in connection with its continued operation of that program, automatically reverts to full ownership by the department.
Miss. Code Ann. § 47-5-64 — MS Code / Title 47 / Chapter 3 / Section 5-64
Miss. Code Ann. § 47-5-64
Status: reserved

(1) The commissioner is hereby directed to determine the number of acres and location of land under the department's jurisdiction that are needed for security purposes, for Prison Agricultural Enterprises and for nonagricultural purposes. The commissioner shall designate and reserve such additional land for agricultural or nonagricultural enterprise projects of the department, as he deems necessary. The commissioner shall then recommend to the Department of Finance and Administration the number of acres of department land that should be leased to private entities and the term of the leases.

(2) The Department of Finance and Administration is authorized to lease for agricultural purposes that Penitentiary land so recommended for not less than three (3) nor more than eight (8) years, with the approval of the Public Procurement Review Board.

(3) The Department of Finance and Administration, with the approval of the Governor, the Secretary of State and the Commissioner of the Department of Corrections, is authorized to lease Penitentiary land for power generation projects or other commercial or industrial projects at the same time that it leases the land as prescribed in subsection (2) of this section. The Department of Finance and Administration is authorized to negotiate all aspects of leases or related agreements executed under this subsection consistent with the following:

(a) The period of the lease term combined with the term of renewal shall not exceed forty (40) years.

(b) Any lease or renewal lease shall:

(i) Provide for periodic rent adjustments throughout the term of the lease; and

(ii) Require the lessee to provide a decommissioning and restoration bond or other security securing the lessee's obligation to remove all aboveground and underground facilities to a depth of at least three (3) feet underground and to restore the surface to a condition similar to its condition before the commencement of the lease.

(c) Any lease or renewal lease may provide for any combination of the following: base rent, bonuses, percentage of income payments, royalty payments or other terms and conditions that the Department of Finance and Administration deems necessary to maintain a fair and equitable return to the state and to protect the leased land throughout the term of the lease or renewal lease.

(d) Oil, gas and mineral rights in the leased land shall be reserved to the State of Mississippi.

(e) This subsection does not authorize the sale or transfer of title to any state lands.

(f) The Department of Finance and Administration may charge fees and expenses, not to exceed costs, incurred in administering this subsection.

(g) Any monies derived from leasing lands under this subsection shall be deposited to the Prison Agricultural Enterprise Fund as provided in Section 47-5-66 .
Miss. Code Ann. § 47-5-35 — MS Code / Title 47 / Chapter 5 / Section 5-35
Miss. Code Ann. § 47-5-35
Status: in_force

The Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) shall appoint an auditor to audit the correctional system, and provide sufficient office facilities in the Jackson office, who shall be a certified public accountant or an experienced accountant, whose duty shall be to audit all accounts of the state correctional system for the purpose of reporting to the Legislative Budget Office. He shall report whether supplies and products bought and sold are handled in accordance with law and when bought on samples and specifications whether they measure up to such samples and specifications when the goods are received. The auditor shall report on the letting of bids and shall make a determination that all bids are advertised and let in accordance with law and shall render a report on same. The auditor shall be responsible to make a periodic inventory on all goods, machinery, livestock, farm produce or any other property of the correctional system and make a report thereon to the Legislative Budget Office on such terms and conditions and as often as required by the committee. The salaries and expenses of such auditor or his employees shall be paid from funds appropriated for support of the Legislature or its committees.

Such auditor shall make, at least, a monthly report to the Legislative Budget Office and the Chairman of the Corrections Committee of the Senate and the Chairman of the Penitentiary Committee in the House of Representatives.

The auditor shall attend all the meetings of the board and shall be notified by the board of all meetings or specially called meetings. The Joint Legislative Committee on Performance Evaluation and Expenditure Review shall provide the auditor with a secretary and such personnel as it deems necessary.
Miss. Code Ann. § 47-5-11 — MS Code / Title 47 / Chapter 4 / Section 5-11
Miss. Code Ann. § 47-5-11
Status: in_force

(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;

(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, and upon request, shall report the information to the PEER Committee.
Miss. Code Ann. § 47-5-1227 — MS Code / Title 47 / Chapter 4 / Section 5-1227
Miss. Code Ann. § 47-5-1227
Status: in_force

(1) No public official or an employee of a state agency who has duties or responsibilities related to the contracting, constructing, leasing, acquiring or operating a private correctional facility may become an employee, consultant or contract vendor to a private entity providing such facility or services to the state within one (1) year after the termination of his service or employment.

(2) Any person violating this section shall be guilty of a misdemeanor and punished by a fine of not less than Five Hundred Dollars ($500.00) but not more than One Thousand Dollars ($1,000.00).
Miss. Code Ann. § 47-5-1011 — MS Code / Title 47 / Chapter 1 / Section 5-1011
Miss. Code Ann. § 47-5-1011
Status: in_force

(1) Before entering an order for commitment for electronic house arrest, the department shall inform the participant and other persons residing in the home of the nature and extent of the approved electronic monitoring devices by doing the following:

(a) Securing the written consent of the participant in the program to comply with the rules and regulations of the program.

(b) Advising adult persons residing in the home of the participant at the time an order or commitment for electronic house arrest is entered and asking such persons to acknowledge the nature and extent of approved electronic monitoring devices.

(c) Insuring that the approved electronic devices are minimally intrusive upon the privacy of other persons residing in the home while remaining in compliance with Sections 47-5-1001 through 47-5-1015 .

(2) The participant shall be responsible for the cost of equipment and any damage to such equipment. Any intentional damage, any attempt to defeat monitoring, any committing of a criminal offense or any associating with felons or known criminals, shall constitute a violation of the program.

(3) Any person whose residence is utilized in the program shall agree to keep the home drug and alcohol free and to exclude known felons and criminals in order to provide a noncriminal environment.
Miss. Code Ann. § 47-5-39 — MS Code / Title 47 / Chapter 1 / Section 5-39
Miss. Code Ann. § 47-5-39
Status: in_force

(1) As used in this section, “ fiscal note ” means the estimated dollar cost to the state for the first year and the annual cost thereafter. The term “ ten-year fiscal note ” means the estimated dollar cost to the state over the ten-year period following passage or adoption of the subject of the fiscal note.

(2) Whenever legislation is introduced in the Legislature, which would establish a new criminal offense or would amend the sentencing provisions of an existing criminal offense, the Department of Corrections shall provide a fiscal note and a ten-year fiscal note on the proposed legislation upon the request of any member of the Legislature. The fiscal note shall be published in electronic form on the Mississippi Legislature website as provided in Section 5-1-85 .

(3) State agencies and political subdivisions shall cooperate with the department in preparing fiscal notes and the ten-year fiscal notes. Such agencies and political subdivisions shall submit requested information to the department in a timely fashion.

(4) In preparing fiscal notes and the ten-year fiscal notes, the department must accurately report to the Legislature information provided to the department by state agencies and political subdivisions.

(5) The department may request information from nongovernmental agencies and organizations to assist in preparing the fiscal note and the ten-year fiscal note.
Miss. Code Ann. § 47-7-15 — MS Code / Title 47 / Chapter 5 / Section 7-15
Miss. Code Ann. § 47-7-15
Status: in_force

The board shall adopt an official seal of which the courts shall take judicial notice. Decisions of the board shall be made by majority vote, except as provided in Section 47-7-5(9) .

The board shall keep a record of its acts and shall notify each institution of its decisions relating to the persons who are or have been confined therein. At the close of each fiscal year the board shall submit to the Governor and to the Legislature a report with statistical and other data of its work.
Miss. Code Ann. § 47-5-401 — MS Code / Title 47 / Chapter 5 / Section 5-401
Miss. Code Ann. § 47-5-401
Status: in_force

(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.
Miss. Code Ann. § 47-7-11 — MS Code / Title 47 / Chapter 5 / Section 7-11
Miss. Code Ann. § 47-7-11
Status: in_force

All salaries and expenses incurred in the carrying out of this chapter shall be paid out of funds appropriated by the legislature for the support and maintenance of the probation and parole board. All accounts, including salaries, shall be approved and allowed by the board, and the board shall keep a complete record thereof.
Miss. Code Ann. § 47-7-39 — MS Code / Title 47 / Chapter 5 / Section 7-39
Miss. Code Ann. § 47-7-39
Status: in_force

If, for good and sufficient reasons, a probationer desires to change his residence within or without the state, such transfer may be effected by application to his field supervisor which transfer shall be subject to the court's consent and subject to such regulations as the court, or judge, may require.
Miss. Code Ann. § 47-5-1007 — MS Code / Title 47 / Chapter 4 / Section 5-1007
Miss. Code Ann. § 47-5-1007
Status: in_force

(1) Any participant in the intensive supervision program who engages in employment shall pay a monthly fee to the department for each month such person is enrolled in the program. The department may waive the monthly fee if the offender is a full-time student or is engaged in vocational training. Juvenile offenders shall pay a monthly fee of not less than Ten Dollars ($10.00) but not more than Fifty Dollars ($50.00) based on a sliding scale using the standard of need for each family that is used to calculate TANF benefits. Money received by the department from participants in the program shall be deposited into a special fund which is hereby created in the State Treasury. It shall be used, upon appropriation by the Legislature, for the purpose of helping to defray the costs involved in administering and supervising such program. Unexpended amounts remaining in such special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in such special fund shall be deposited to the credit of the special fund.

(2) The participant shall admit any correctional officer into his residence at any time for purposes of verifying the participant's compliance with the conditions of his detention.

(3) The participant shall make the necessary arrangements to allow for correctional officers to visit the participant's place of education or employment at any time, based upon the approval of the educational institution or employer, for the purpose of verifying the participant's compliance with the conditions of his detention.

(4) The participant shall acknowledge and participate with the approved electronic monitoring device as designated by the department at any time for the purpose of verifying the participant's compliance with the conditions of his detention.

(5) The participant shall be responsible for and shall maintain the following:

(a) A working telephone line in the participant's home;

(b) A monitoring device in the participant's home, or on the participant's person, or both; and

(c) A monitoring device in the participant's home and on the participant's person in the absence of a telephone.

(6) The participant shall obtain approval from the correctional field officer before the participant changes residence.

(7) The participant shall not commit another crime during the period of home detention ordered by the court or department.

(8) Notice shall be given to the participant that violation of the order of home detention shall subject the participant to prosecution for the crime of escape as a felony.

(9) The participant shall abide by other conditions as set by the court or the department.
Miss. Code Ann. § 47-5-934 — MS Code / Title 47 / Chapter 5 / Section 5-934
Miss. Code Ann. § 47-5-934
Status: in_force

If a regional facility authorized under Section 47-5-931 experiences a disruption in the housing of state inmates due to a natural disaster in which the Governor has declared a disaster emergency under the laws of this state or the President of the United States has declared an emergency or major disaster to exist in this state, notwithstanding the limitation prescribed in Section 47-5-933 , the term of the contract entered into by the Department of Corrections and the board of supervisors of the involved county or counties may be extended for a period not to exceed five (5) years.
Miss. Code Ann. § 47-5-1015 — MS Code / Title 47 / Chapter 1 / Section 5-1015
Miss. Code Ann. § 47-5-1015
Status: repealed

Sections 47-5-1001 through 47-5-1015 shall stand repealed after June 30, 2025.
Miss. Code Ann. § 47-5-551 — MS Code / Title 47 / Chapter 3 / Section 5-551
Miss. Code Ann. § 47-5-551
Status: in_force

In the event the corporation is dissolved or its lease of any prison industry program expires or is otherwise terminated, all property relating to such prison industry program which ceases to function because of such termination or dissolution, including all funds, buildings, land, furnishings, equipment and other chattels subsequently purchased or otherwise acquired by the corporation in connection with its continued operation of that program, automatically reverts to full ownership by the department.
Miss. Code Ann. § 47-5-87 — MS Code / Title 47 / Chapter 4 / Section 5-87
Miss. Code Ann. § 47-5-87
Status: in_force

No gasoline or motor oil shall be sold for personal use by the state correctional system to any of its employees. Gasoline shall be delivered only in tank truck or tank car lots in such quantities as the commissioner may deem necessary, and motor oil in such quantities as may be needed.
Miss. Code Ann. § 47-5-109 — MS Code / Title 47 / Chapter 3 / Section 5-109
Miss. Code Ann. § 47-5-109
Status: in_force

(1) The State Department of Corrections is hereby authorized to operate a facility or facilities to be known as an inmate canteen facility or facilities, the purpose of which is to make available certain goods and other items of value for purchase by offenders confined at the State Penitentiary at Parchman, offenders confined at any other facility of the department, certain employees of the department and certain persons visiting offenders or employees. The commissioner shall promulgate rules and regulations for the operation of such a facility.

(2) Any funds which may be derived from the operation of an inmate canteen facility or facilities shall be deposited into an account to be known as the Canteen Fund. For accounting purposes, certain allocated costs attributable to the operation of such a facility, and as prescribed by the rules and regulations of the board, shall be chargeable as operating costs against profits earned. These costs of operation which are chargeable shall include, but shall not be limited to, rent allocation, utility allocation and employee wages. Any net profits which may accrue from the operation of such a facility and any interest earned thereon shall be deposited into the Inmate Welfare Fund.
Miss. Code Ann. § 47-5-1507 — MS Code / Title 47 / Chapter 1 / Section 5-1507
Miss. Code Ann. § 47-5-1507
Status: in_force

(1) Upon notification and/or diagnosis of an inmate's pregnancy, and for the duration of the pregnancy, and for thirty (30) days following the inmate's delivery, the Department of Corrections and/or a correctional facility employee shall not apply the following restraints on the pregnant inmate unless a correctional facility employee has a reasonable belief that the inmate will harm herself, the fetus, or any other person, or pose a substantial flight risk:

(a) Leg restraints.

(b) Handcuffs or other wrist restraints, except to restrain the inmate's wrists in front of her.

(c) No restraints connected to other inmates.

(2) No restraints shall be used on any pregnant inmate while in labor or during delivery unless a correctional facility employee has a reasonable belief that the inmate will harm herself, the fetus, or any other person, or pose a substantial flight risk. In such case, the correctional facility employee ordering use of restraints on any female inmate while in labor or during delivery shall submit a written report to the warden of the facility within seventy-two (72) hours following the use of restraints, containing the justification for restraining the female inmate during labor and delivery.

(3) No facility employee of the Department of Corrections, other than a certified healthcare professional, shall conduct invasive body cavity searches of pregnant inmates unless the correctional facility employee has a reasonable belief that the female inmate is concealing contraband. In such case, the correctional facility employee shall submit a written report to the warden of the facility within seventy-two (72) hours following the invasive search, containing the justification for the invasive search and what contraband, if any was recovered.

(4) The Department of Corrections shall ensure that pregnant inmates be provided sufficient food and dietary supplements as ordered by a physician, physician staff member, or a facility nutritionist to meet general accepted prenatal nutritional guidelines for pregnant women.

(5) The Department of Corrections shall not place any pregnant inmate, or any female inmate who has given birth within the previous thirty (30) days, in restrictive housing unless a correctional facility employee has a reasonable belief that the inmate will harm herself, the fetus or any other person, or pose a substantial flight risk. In such case, the correctional facility employee authorizing the placement of the inmate in restrictive housing shall submit a written report to the warden of the facility within seventy-two (72) hours following the transfer, containing the justification for confining the female inmate in restrictive housing.

(6) The Department of Corrections shall not assign any pregnant inmate to any bed that is elevated more than three (3) feet from the floor of the facility.

(7) The warden of the facility shall compile a monthly summary of all written reports received pursuant to subsections (2), (3) and (5) of this section and under Section 47-5-1509(1) . The warden shall submit the summary to the Commissioner of the Department of Corrections each month.
Miss. Code Ann. § 47-5-195 — MS Code / Title 47 / Chapter 5 / Section 5-195
Miss. Code Ann. § 47-5-195
Status: in_force

Any person who violates any provision of Section 47-5-193 or 47-5-194 shall be guilty of a felony and upon conviction shall be punished by confinement in the Penitentiary for not less than three (3) years nor more than fifteen (15) years, and may be fined not more than Twenty-five Thousand Dollars ($25,000.00), or both.
Miss. Code Ann. § 47-5-198 — MS Code / Title 47 / Chapter 1 / Section 5-198
Miss. Code Ann. § 47-5-198
Status: in_force

(1) It is unlawful for any person to sell within, bring to, or be in possession of, in any correctional facility or convict camp within the state or any county, municipal or other jail within the state, except as authorized by law, any controlled substance or narcotic drug.

(2) It is unlawful for any person who is the keeper or officer in charge of the facility, camp or jail, or who is employed in or about the facility, camp or jail to knowingly permit any controlled substance or narcotic drug to be sold, possessed or used therein contrary to law.

(3) Any person who violates the provisions of this section and is convicted shall be fined up to Twenty-five Thousand Dollars ($25,000.00) and be punished by imprisonment for not less than three (3) years nor more than seven (7) years; and the person is not eligible for probation, parole, suspension of sentence, earned time allowance or any other reduction of sentence.
Miss. Code Ann. § 47-5-183 — MS Code / Title 47 / Chapter 4 / Section 5-183
Miss. Code Ann. § 47-5-183
Status: in_force

The Mississippi Department of Corrections is authorized, subject to the availability of funds, to secure a biological sample for purposes of DNA identification analysis from every individual convicted of a felony or in its custody before release from or transfer to a state correctional facility or county jail or other detention facility.
Miss. Code Ann. § 47-7-101 — MS Code / Title 47 / Chapter 3 / Section 7-101
Miss. Code Ann. § 47-7-101
Status: in_force

(1) There is created the Mississippi Re-Entry Council. The purpose of the council is to create effective strategies to assist former inmates in their return to the general population, to reduce the recidivism rates of inmates, to increase public safety, and to reduce budgetary constraints presently created by prison-related costs. The Re-Entry Council shall be led by a steering committee.

(2) The Re-Entry Council Steering Committee shall be composed of the following twelve (12) members, who shall serve for two-year terms:

(a) A Mississippi United States Attorney, or a designee appointed by the Governor;

(b) The Commissioner of the Mississippi Department of Corrections, or a designee;

(c) The Attorney General of the State of Mississippi, or a designee;

(d) The director of a faith-based organization involved in re-entry programs, or a designee appointed by the Lieutenant Governor;

(e) The Chief Probation Officer of the United States District Courts of Mississippi, or a designee;

(f) A Mississippi United States District Judge, or a designee appointed by the Speaker of the House of Representatives;

(g) The Chief Justice of the Mississippi Supreme Court, or a designee;

(h) The Executive Director for the Mississippi Department of Mental Health, or a designee;

(i) The Executive Director for the Mississippi Division of Medicaid, or a designee;

(j) The Chairman of the Parole Board, or a designee;

(k) A person who is a former offender appointed by the Chairman of the Parole Board; and

(l) The Director of the Mississippi Department of Employment Security, or a designee.

(3) The Re-Entry Council Steering Committee shall have the following duties:

(a) To consider development of a statewide approach to assist re-entry of former inmates into the general population of this state;

(b) To provide recommendations regarding evidence-based approaches that equip inmates with the requisite, individualized resources to promote their successful return to the general population of this state;

(c) To review reports, studies, and materials as it deems appropriate;

(d) To appoint such subcommittees as it finds proper;

(e) To study proposed legislation that seeks to resolve recidivism;

(f) To submit recommendations from its findings to the Legislature, the Governor and the Mississippi Supreme Court. In making such recommendations, the Re-entry Council Steering Committee will seek input from all branches of state and local government, governmental agencies, businesses and nonprofit organizations throughout this state;

(g) To seek and receive grants;

(h) To hire contract personnel and/or staff using any grants received; and

(i) To collaborate with the coordinator of the transitional re-entry center, under the supervision of the Mississippi Department of Corrections, which shall provide administrative support to the council.

(4) The Chief Justice of the Mississippi Supreme Court shall call the first meeting of the steering committee. At its first meeting, the steering committee shall elect a chairman and vice chairman from its membership and adopt rules for transacting its business and keeping records. Officers shall serve one-year terms or until such time as a successor is elected.
Miss. Code Ann. § 47-5-99 — MS Code / Title 47 / Chapter 1 / Section 5-99
Miss. Code Ann. § 47-5-99
Status: in_force

There are hereby created classification hearing officers and disciplinary hearing officers of the correctional system to be appointed by the commissioner.
Miss. Code Ann. § 47-7-37.1 — MS Code / Title 47 / Chapter 5 / Section 7-37.1
Miss. Code Ann. § 47-7-37.1
Status: in_force

Notwithstanding any other provision of law to the contrary, if a court finds by a preponderance of the evidence, that a probationer or a person under post-release supervision has committed a felony or absconded, the court may revoke his probation and impose any or all of the sentence. For purposes of this section, “ absconding from supervision ” means the failure of a probationer to report to his supervising officer for six (6) or more consecutive months.
Miss. Code Ann. § 47-5-725 — MS Code / Title 47 / Chapter 5 / Section 5-725
Miss. Code Ann. § 47-5-725
Status: in_force

The State Parole Board shall prescribe conditions of advancement of the parole eligibility date applicable prior to an inmate's release. The State Parole Board shall prescribe conditions of supervision consistent with existing regulations applicable after release on parole. When an inmate is released under the provisions of Sections 47-5-701 through 47-5-729 he shall be considered to be in the legal custody of the Department of Corrections.
Miss. Code Ann. § 47-5-563 — MS Code / Title 47 / Chapter 4 / Section 5-563
Miss. Code Ann. § 47-5-563
Status: in_force

(1) The department may adopt such rules as may be necessary to govern the use of inmates by the corporation; however, such rules shall be related only to the need for security, inmate projections, and efficient operation of each institution.

(2) The corporation, with the input of the department, shall establish policies and procedures subject to the approval of the department's legal counsel relating to the use of inmates in the correctional work programs.

(3) All such policies and procedures adopted by the department and the corporation shall be placed on file in the Office of the Secretary of State.
Miss. Code Ann. § 47-5-2 — MS Code / Title 47 / Chapter 4 / Section 5-2
Miss. Code Ann. § 47-5-2
Status: in_force

(1) There is hereby created the Corrections Investigative Taskforce which shall consist of the following members: the Attorney General; State Auditor; the Chief Executive Officer of the Bureau of Narcotics, or his designee; the Chief Executive Officer of the Department of Public Safety, or his designee; the Chairman of the Senate Corrections Committee and the Chairman of the House Penitentiary Committee.

(2) The taskforce shall:

(a) Conduct or cause to be conducted periodic investigation of the Department of Corrections;

(b) Study and make recommendations on correctional policies, including, but not limited to:

(i) Drug trafficking;

(ii) Inmate gang activity;

(iii) Internal accounting and control procedures; and

(iv) Correction services and programs.

(c) Request assistance from the Department of Audit, Office of the Attorney General, Department of Public Safety, Bureau of Narcotics and any other state agency. Any state agency shall comply with a request for assistance to the fullest extent possible.

(3) The taskforce shall submit its findings and recommendations to the Governor and the Legislature no later than January 15 of each year.
Miss. Code Ann. § 47-5-707 — MS Code / Title 47 / Chapter 3 / Section 5-707
Miss. Code Ann. § 47-5-707
Status: in_force

Whenever the prison system population exceeds ninety-five percent (95%) of operating capacity, the Commissioner of Corrections shall immediately notify the Governor and the State Parole Board of this fact. The notice shall include the current prison system population and the prison system operating capacity. A report must be made within ten (10) days after the thirtieth day of operating in excess of ninety-five percent (95%) of operating capacity. The report shall include the prison system operating capacity, the prison system population during the relevant time period, and may include a recommended specific term of advancement of the parole eligibility dates.
Miss. Code Ann. § 47-7-3.2 — MS Code / Title 47 / Chapter 4 / Section 7-3.2
Miss. Code Ann. § 47-7-3.2
Status: in_force

(1) Notwithstanding Section 47-5-138 , 47-5-139 , 47-5-138.1 or 47-5-142 , no person convicted of a criminal offense on or after July 1, 2014, shall be released by the department until he or she has served no less than the percentage of the sentence or sentences imposed by the court as set forth below:

(a) Twenty-five percent (25%) or ten (10) years, whichever is less, for a nonviolent crime;

(b) Fifty percent (50%) or twenty (20) years, whichever is less, for a crime of violence pursuant to Section 97-3-2 , except for robbery with a deadly weapon as defined in Section 97-3-79 , drive-by shooting as defined in Section 97-3-109 , or carjacking as defined in Section 97-3-117 ;

(c) Sixty percent (60%) or twenty-five (25) years, whichever is less, for robbery with a deadly weapon as defined in Section 97-3-79 , drive-by shooting as defined in Section 97-3-109 , or carjacking as defined in Section 97-3-117 .

(2) This section shall not apply to:

(a) Offenders sentenced to life imprisonment;

(b) Offenders convicted as habitual offenders pursuant to Sections 99-19-81 through 99-19-87 ;

(c) Offenders serving a sentence for a sex offense; or

(d) Offenders serving a sentence for trafficking pursuant to Section 41-29-139(f) .
Miss. Code Ann. § 47-7-38.1 — MS Code / Title 47 / Chapter 7 / Section 7-38.1
Miss. Code Ann. § 47-7-38.1
Status: in_force

(1) The Department of Corrections shall establish technical violation centers to detain probation and parole violators revoked by the court or parole board.

(2) The department shall place an offender in a violation center for a technical violation as ordered by the board pursuant to Section 47-7-27 and the sentencing court pursuant to Section 47-7-37 .

(3) The violation centers shall be equipped to address the underlying factors that led to the offender's violation as identified based on the results of a risk and needs assessment. At a minimum each violation center shall include substance abuse services shown to reduce recidivism and a reduction in the use of illicit substances or alcohol, education programs, employment preparation and training programs and behavioral programs.

(4) As required by Section 47-5-20(b) , the department shall notify, by certified mail, each member of the board of supervisors of the county in which the violation center shall be located of the department's intent to convert an existing department facility to a technical violation center.

(5) The department shall establish rules and regulations for the implementation and operation of the technical violation centers.

(6) The Department of Corrections shall provide to the Oversight Task Force semiannually the average daily population of the technical violation centers, the number of admissions to the technical violation centers, and the average time served in the technical violation centers.
Miss. Code Ann. § 47-5-942 — MS Code / Title 47 / Chapter 1 / Section 5-942
Miss. Code Ann. § 47-5-942
Status: in_force

(1) The Department of Corrections, in its discretion, may contract with the board of supervisors of a county to be determined by the department, to house not more than five hundred (500) adult male maximum security state inmates in a maximum security regional correctional facility constructed only with local, federal or private funds.

(2) The Department of Corrections may contract for a period of not more than twenty-five (25) years. The contract shall comply with the cost-savings requirements provided in Section 47-5-1211 . The state shall retain responsibility for medical care for state offenders to the extent that is required by law.
Miss. Code Ann. § 47-5-1517 — MS Code / Title 47 / Chapter 4 / Section 5-1517
Miss. Code Ann. § 47-5-1517
Status: in_force

(1) The Department of Corrections shall develop and provide to all correctional facility employees and correctional officers who have contact with pregnant inmates training related to the physical and mental health of pregnant inmates and fetuses, including the following:

(a) General care of pregnant women;

(b) The impact of restraints on pregnant inmates and fetuses;

(c) The impact of being placed in restrictive housing on pregnant inmates; and

(d) The impact of invasive searches on pregnant inmates.

(2) The Department of Corrections shall develop and provide educational programming for pregnant inmates related to:

(a) Prenatal care;

(b) Pregnancy-specific hygiene;

(c) Parenting skills;

(d) The impact of alcohol and drugs on the fetus; and

(e) General health of child.
Miss. Code Ann. § 47-7-101 — MS Code / Title 47 / Chapter 5 / Section 7-101
Miss. Code Ann. § 47-7-101
Status: in_force

(1) There is created the Mississippi Re-Entry Council. The purpose of the council is to create effective strategies to assist former inmates in their return to the general population, to reduce the recidivism rates of inmates, to increase public safety, and to reduce budgetary constraints presently created by prison-related costs. The Re-Entry Council shall be led by a steering committee.

(2) The Re-Entry Council Steering Committee shall be composed of the following twelve (12) members, who shall serve for two-year terms:

(a) A Mississippi United States Attorney, or a designee appointed by the Governor;

(b) The Commissioner of the Mississippi Department of Corrections, or a designee;

(c) The Attorney General of the State of Mississippi, or a designee;

(d) The director of a faith-based organization involved in re-entry programs, or a designee appointed by the Lieutenant Governor;

(e) The Chief Probation Officer of the United States District Courts of Mississippi, or a designee;

(f) A Mississippi United States District Judge, or a designee appointed by the Speaker of the House of Representatives;

(g) The Chief Justice of the Mississippi Supreme Court, or a designee;

(h) The Executive Director for the Mississippi Department of Mental Health, or a designee;

(i) The Executive Director for the Mississippi Division of Medicaid, or a designee;

(j) The Chairman of the Parole Board, or a designee;

(k) A person who is a former offender appointed by the Chairman of the Parole Board; and

(l) The Director of the Mississippi Department of Employment Security, or a designee.

(3) The Re-Entry Council Steering Committee shall have the following duties:

(a) To consider development of a statewide approach to assist re-entry of former inmates into the general population of this state;

(b) To provide recommendations regarding evidence-based approaches that equip inmates with the requisite, individualized resources to promote their successful return to the general population of this state;

(c) To review reports, studies, and materials as it deems appropriate;

(d) To appoint such subcommittees as it finds proper;

(e) To study proposed legislation that seeks to resolve recidivism;

(f) To submit recommendations from its findings to the Legislature, the Governor and the Mississippi Supreme Court. In making such recommendations, the Re-entry Council Steering Committee will seek input from all branches of state and local government, governmental agencies, businesses and nonprofit organizations throughout this state;

(g) To seek and receive grants;

(h) To hire contract personnel and/or staff using any grants received; and

(i) To collaborate with the coordinator of the transitional re-entry center, under the supervision of the Mississippi Department of Corrections, which shall provide administrative support to the council.

(4) The Chief Justice of the Mississippi Supreme Court shall call the first meeting of the steering committee. At its first meeting, the steering committee shall elect a chairman and vice chairman from its membership and adopt rules for transacting its business and keeping records. Officers shall serve one-year terms or until such time as a successor is elected.
Miss. Code Ann. § 47-7-29 — MS Code / Title 47 / Chapter 3 / Section 7-29
Miss. Code Ann. § 47-7-29
Status: in_force

Any prisoner who commits a felony while at large upon parole or earned-release supervision and who is convicted and sentenced therefor shall be required to serve such sentence after the original sentence has been completed.
Miss. Code Ann. § 47-5-193 — MS Code / Title 47 / Chapter 5 / Section 5-193
Miss. Code Ann. § 47-5-193
Status: in_force

(1) It is unlawful for any officer or employee of the department, of any county sheriff's department, of any private correctional facility in this state in which offenders are confined, of any municipal or other correctional facility in this state, or for any other person or offender to possess, furnish, attempt to furnish, or assist in furnishing to any offender confined in this state any weapon, deadly weapon, unauthorized electronic device, contraband item, or cell phone or any of its components or accessories to include, but not limited to, Subscriber Information Module (SIM) cards or chargers. It is unlawful for any person or offender to take, attempt to take, or assist in taking any weapon, deadly weapon, unauthorized electronic device, contraband item, cell phone or any of its components or accessories to include, but not limited to, Subscriber Information Module (SIM) cards or chargers on property within the state belonging to the department, a county, a municipality, or other entity that is occupied or used by offenders, except as authorized by law.

(2) The circuit court is authorized to issue an order to disable the contraband cell phone service from the carrier.
Miss. Code Ann. § 47-5-307 — MS Code / Title 47 / Chapter 4 / Section 5-307
Miss. Code Ann. § 47-5-307
Status: in_force

(1) On and after the establishment of the industries provided for in Sections 47-5-301 through 47-5-327 , all commissions, departments, institutions and other agencies of this state, which are supported in whole or in part by this state, may purchase from the State Department of Corrections all articles or products required by such commissions, departments, institutions or agencies which are produced or manufactured by the State Department of Corrections with the use of penitentiary labor as provided for by Sections 47-5-301 through 47-5-327 . All purchases made by state agencies shall be made through the State Fiscal Management Board upon requisition by the proper authority of the commission, department, institution or agency. Political subdivisions of this state may purchase directly from the State Department of Corrections.

(2) Any article or product manufactured by the State Department of Corrections for sale through the State Fiscal Management Board to any commission, department, institution or agency of the state or to any political subdivision thereof, shall be manufactured and/or produced only upon state specifications developed by and through the State Fiscal Management Board. However, if such specifications have not been developed by the State Fiscal Management Board, then production may be based upon commercial specifications in current use by industry for the manufacture of such articles and products for sale to the state and political subdivisions thereof which have first been approved by the State Fiscal Management Board. For purposes of Sections 47-5-301 through 47-5-327 , state specifications and commercial specifications approved by the State Fiscal Management Board shall mean the latest complete version of any specification including amendments thereto.
Miss. Code Ann. § 47-5-555 — MS Code / Title 47 / Chapter 3 / Section 5-555
Miss. Code Ann. § 47-5-555
Status: in_force

The department shall, subject to the necessary security requirements and the needs of the corporation, provide to the corporation sufficient inmate labor for the various prison industry programs. The department may adopt rules and regulations as may be necessary to govern the use of inmates by the corporation. The corporation shall establish policies and procedures, subject to the approval of the department, relating to the use of inmates in the prison industry programs.
Miss. Code Ann. § 47-5-949 — MS Code / Title 47 / Chapter 4 / Section 5-949
Miss. Code Ann. § 47-5-949
Status: in_force

The correctional facility authorized in Section 47-5-943 shall provide any juvenile offender housed in the facility with continuing education throughout his incarceration which leads to the presentation of a high school diploma or High School Equivalency Diploma equivalent. The facility also shall provide a program of vocational education, which is to be included in the continuing education program for a high school diploma or High School Equivalency Diploma equivalent.
Miss. Code Ann. § 47-5-155 — MS Code / Title 47 / Chapter 5 / Section 5-155
Miss. Code Ann. § 47-5-155
Status: in_force

There is hereby created a special fund to be known as the “Discharged Offenders Revolving Fund” to be maintained in a bank to be selected by the commissioner. It shall be the duty of the bank, so long as it retains such deposits, to make monthly reports to the State Treasurer of the State of Mississippi as to the condition of the funds on deposit in the depository. Such funds shall be used for the prompt payment in cash to all discharged, pardoned or paroled offenders such amounts as are provided by Section 47-5-157 . Upon the passage of this chapter, the Treasurer of the State of Mississippi shall transfer any funds in the State Treasury to the credit of the correctional system an amount which shall not exceed Ten Thousand Dollars ($10,000.00) to the Discharged Offenders Revolving Fund. The fund shall be replenished from time to time by the State Treasurer upon requisitions drawn by the commissioner which requisitions shall be supported by statements reflecting the names of the discharged offenders to whom payments have been made in accordance with the provisions of this chapter. Upon receipt of adequately supported requisitions, the State Auditor shall draw his warrants made payable to the Discharged Offenders Revolving Fund against any funds in the State Treasury to the credit of the correctional system.
Miss. Code Ann. § 47-5-729 — MS Code / Title 47 / Chapter 1 / Section 5-729
Miss. Code Ann. § 47-5-729
Status: in_force

The Commissioner of Corrections shall within thirty (30) days after April 10, 1985, establish the operating capacities of the prison system, and shall at least quarterly certify existing operating capacities or establish changed or new operating capacities.
Miss. Code Ann. § 47-5-945 — MS Code / Title 47 / Chapter 4 / Section 5-945
Miss. Code Ann. § 47-5-945
Status: in_force

The Department of Corrections shall contract for the purposes set out in Section 47-5-943 for a period of not more than twenty (20) years. The Department of Corrections may include in the contract, as an inflation factor, a three percent (3%) annual increase in the contract price. The state shall retain responsibility for medical care for state offenders to the extent that is required by law.
Miss. Code Ann. § 47-5-407 — MS Code / Title 47 / Chapter 4 / Section 5-407
Miss. Code Ann. § 47-5-407
Status: in_force

Any county establishing a work program pursuant to Sections 47-5-401 through 47-5-421 may also establish a work camp to be used in carrying out the program, wherein inmates participating in the program may be housed in lieu of confinement in the county jail.
Miss. Code Ann. § 47-5-903 — MS Code / Title 47 / Chapter 4 / Section 5-903
Miss. Code Ann. § 47-5-903
Status: in_force

(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 or her sentence in any county jail 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 or her sentence must request in writing that the person be allowed to serve his or her 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 may 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.
Miss. Code Ann. § 47-5-323 — MS Code / Title 47 / Chapter 4 / Section 5-323
Miss. Code Ann. § 47-5-323
Status: in_force

(1) In order to carry out the provisions of Sections 47-5-301 through 47-5-327 , the department is authorized to expend such monies out of appropriations from the Prison Industries Fund, as established by Section 47-5-66 , as may be necessary to erect buildings, to improve existing facilities, to purchase equipment, to procure tools, supplies and materials, to purchase, install or replace equipment and otherwise to defray the necessary expenses incident to the employment of offenders as herein provided.

(2) All monies collected by the State Department of Corrections from the sale or disposition of articles and products manufactured or produced by penitentiary labor in accordance with the provisions of Sections 47-5-301 through 47-5-327 shall be forthwith deposited into the Prison Industries Fund authorized by subsection (1) of this section. The money so collected and deposited shall be used solely for the purchase of raw materials, manufacturing supplies, equipment, machinery and buildings used to carry out the purposes of Sections 47-5-301 through 47-5-327 , to otherwise defray the necessary expenses incident thereto, including the employment of such necessary supervisory personnel as is unavailable in the inmate population. All expenditures from such fund shall be subject to the approval of the commissioner; provided, however, that such Prison Industries Fund shall never be maintained in excess of the amount necessary to carry out efficiently and properly the intentions of Sections 47-5-301 through 47-5-327 .
Miss. Code Ann. § 47-5-909 — MS Code / Title 47 / Chapter 4 / Section 5-909
Miss. Code Ann. § 47-5-909
Status: in_force

(1) 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.

(2) Notwithstanding any other provision of law, to expedite the removal of inmates from county jails as early as practicable, absent a contract negotiated between the Department of Corrections and the county jail, the Department of Corrections shall pay county jails for housing state offenders out of any available funds as follows:

(a) Twenty-five Dollars ($25.00) per day per offender for days one (1) through thirty (30);

(b) Thirty-two Dollars and Seventy-one Cents ($32.71) per day per offender for days thirty-one (31) or greater when:

(i) An offender remains in the county jail after the Department of Corrections receives a certified copy of the sentencing order or five (5) days after the sentencing order is sent, in writing, by such county to the Department of Corrections, whichever is earlier; or

(ii) An offender remains in the county jail after being revoked from parole or probation or is sentenced to a technical violation center.

(3) The Department of Corrections is additionally responsible for all medical costs related to offenders housed at county jails under subsection (2) of this section.
Miss. Code Ann. § 47-5-707 — MS Code / Title 47 / Chapter 1 / Section 5-707
Miss. Code Ann. § 47-5-707
Status: in_force

Whenever the prison system population exceeds ninety-five percent (95%) of operating capacity, the Commissioner of Corrections shall immediately notify the Governor and the State Parole Board of this fact. The notice shall include the current prison system population and the prison system operating capacity. A report must be made within ten (10) days after the thirtieth day of operating in excess of ninety-five percent (95%) of operating capacity. The report shall include the prison system operating capacity, the prison system population during the relevant time period, and may include a recommended specific term of advancement of the parole eligibility dates.
Miss. Code Ann. § 47-7-19 — MS Code / Title 47 / Chapter 4 / Section 7-19
Miss. Code Ann. § 47-7-19
Status: in_force

It shall be the duty of all correctional system officials to grant to the members of the board or its properly accredited representatives, access at all reasonable times to any person over whom the board may have jurisdiction under this chapter; to provide for the board or such representatives facilities for communicating with and observing the offender; and to furnish to the board such reports as the board shall require concerning the conduct and character of any offender in the department of corrections custody and any other facts deemed by the board pertinent in determining whether such offender shall be paroled.

It shall be the duty of any judge, district attorney, county attorney, police officer, or other public official of the state, having information with reference to any person eligible for parole, to send such information as may be in his possession or under his control to the board, in writing, upon request of any member or employee thereof.
Miss. Code Ann. § 47-5-903 — MS Code / Title 47 / Chapter 1 / Section 5-903
Miss. Code Ann. § 47-5-903
Status: in_force

(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 or her sentence in any county jail 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 or her sentence must request in writing that the person be allowed to serve his or her 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 may 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.
Miss. Code Ann. § 47-5-109 — MS Code / Title 47 / Chapter 5 / Section 5-109
Miss. Code Ann. § 47-5-109
Status: in_force

(1) The State Department of Corrections is hereby authorized to operate a facility or facilities to be known as an inmate canteen facility or facilities, the purpose of which is to make available certain goods and other items of value for purchase by offenders confined at the State Penitentiary at Parchman, offenders confined at any other facility of the department, certain employees of the department and certain persons visiting offenders or employees. The commissioner shall promulgate rules and regulations for the operation of such a facility.

(2) Any funds which may be derived from the operation of an inmate canteen facility or facilities shall be deposited into an account to be known as the Canteen Fund. For accounting purposes, certain allocated costs attributable to the operation of such a facility, and as prescribed by the rules and regulations of the board, shall be chargeable as operating costs against profits earned. These costs of operation which are chargeable shall include, but shall not be limited to, rent allocation, utility allocation and employee wages. Any net profits which may accrue from the operation of such a facility and any interest earned thereon shall be deposited into the Inmate Welfare Fund.
Miss. Code Ann. § 47-7-36.1 — MS Code / Title 47 / Chapter 4 / Section 7-36.1
Miss. Code Ann. § 47-7-36.1
Status: in_force

(1) Any employer of an offender may submit weekly time cards, proof of employment and the results of any required drug tests to the person who supervises an individual placed on parole by the Parole Board or placed on probation by the court in lieu of the meeting requirement described in Section 47-7-36 .

(2) Any employer may withhold an amount from an offender's paycheck sufficient to cover the fees described in Section 47-7-49 and pay the amount to the department monthly.

(3) This section shall not apply to offenders who are self-employed.

(4) The board shall coordinate with the department to promulgate rules and regulations to administer this section.
Miss. Code Ann. § 47-5-133 — MS Code / Title 47 / Chapter 1 / Section 5-133
Miss. Code Ann. § 47-5-133
Status: in_force

The commissioner is authorized and empowered to use the offenders on or off the property of the correctional system to drain or improve the drainage of any property belonging to the correctional system. Except as otherwise specifically provided by law, no offenders at any time are to work off property of the correctional system except: (a) when some dire calamity or disaster exists or threatens, or (b) those offenders assigned to duty at the Governor's Mansion (eight (8)). The Governor may order offenders to work to avert or control such calamity or disaster.

Provided, however, that the commissioner may authorize the working of offenders in support of any road construction, repair or other project of the State Highway Department upon proper request therefor by the State Highway Commission. In such cases the department shall establish all proper regulations for the working, guarding, safekeeping, clothing, housing and subsistence of offenders while so working.

Provided further, that the commissioner may authorize the working and housing of offenders in support of the Mississippi Bureau of Narcotics upon proper request therefor by the bureau. In such cases the department shall establish all proper regulations for the working, guarding, safekeeping, clothing, housing and subsistence of offenders while so working.

The commissioner may authorize the working of offenders in support of any aspect of Mississippi state government where such work would be appropriate and useful.
Miss. Code Ann. § 47-7-21 — MS Code / Title 47 / Chapter 4 / Section 7-21
Miss. Code Ann. § 47-7-21
Status: in_force

All information obtained in the discharge of official duty by a field officer as an employee of the Department of Corrections shall be privileged and shall not be disclosed directly or indirectly to anyone other than to (a) the State Parole Board, (b) a judge, or (c) law enforcement agencies when such information is relevant to criminal activity.
Miss. Code Ann. § 47-5-535 — MS Code / Title 47 / Chapter 1 / Section 5-535
Miss. Code Ann. § 47-5-535
Status: in_force

(1) Except as otherwise specifically provided by law, it is the intent of the Legislature that a nonprofit corporation be organized and formed, within sixty (60) days from April 4, 1990, to lease and manage the prison industry programs of the Mississippi Correctional Industries. The corporation created and established shall be a body politic and corporate, may acquire and hold real and personal property, may receive, hold and dispense monies appropriated to it by the Legislature of the State of Mississippi received from the federal government, received from the sale of products, goods, and services which it produces, and received from any other sources whatsoever.

(2) Except as otherwise specifically provided by law, it is the further intent of the Legislature that the nonprofit corporation shall create any additional prison industry program as it deems fit, and any such program shall be created in compliance with the provisions of Sections 47-5-531 through 47-5-575 .

(3) Except as otherwise specifically provided by law, it is the further intent of the Legislature that such nonprofit corporation shall have exclusive rights to operate any prison industry program and when such corporation is lawfully formed, no other public or private entity shall be allowed to carry out the provisions of Sections 47-5-531 through 47-5-575 .

(4) It is the further intent of the Legislature, that the nonprofit corporation which is required to be organized and formed under Sections 47-5-531 through 47-5-575 shall locate and operate prison industries at any state correctional facility with the approval of the Commissioner of Corrections. It is the intent of the Legislature that the nonprofit corporation locate and operate such industries in an orderly and expeditious manner. Such corporation may locate and operate prison industries at other prison satellites, at community work centers in the state, at any private correctional facility which houses state inmates and at any regional correctional facility as authorized under Section 47-5-931 . No industrial prison program shall be located at a site other than state prison facilities approved by the commissioner.