Miss. Code Ann. § 47-7-40 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-1217 — MS Code / Title 47 / Chapter 4 / Section 5-1217
Miss. Code Ann. § 47-5-1217
Status: in_force

All employees of a facility operated pursuant to Sections 47-5-1201 through 47-5-1229 must receive, at a minimum, the same quality and quantity of training as that required by the state, for employees of public correctional and detention facilities. All training expenses shall be the responsibility of the contractor.
Miss. Code Ann. § 47-5-30 — MS Code / Title 47 / Chapter 1 / Section 5-30
Miss. Code Ann. § 47-5-30
Status: in_force

(1) The Commissioner of Corrections shall develop a strategic plan for its operation of the state correctional system. The strategic plan shall cover a five-year period. The plan shall include, at a minimum, the following:

(a) A clearly defined comprehensive statement of the mission, goals and objectives of the agency;

(b) Performance effectiveness objectives for each facility under the jurisdiction of the department;

(c) A description of the department's internal management system used to evaluate its performance in relation to projected levels;

(d) Detailed plans and strategies for meeting current and future needs and achieving goals and objectives established for the state correctional system;

(e) A detailed analysis of the use of current agency resources in meeting current needs and expected future needs, and additional resources that may be necessary to meet future needs;

(f) An analysis of factors affecting projected prison populations including impact of juveniles on prison populations and how populations are expected to change within the period of the plan;

(g) A plan to remove inmates from county jails.

(2) The department shall revise the plan annually.

(3) Upon completion of the initial plan and each revision, the department shall provide copies to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chairman of the Senate Corrections Committee, the Chairman of the House Penitentiary Committee, the Legislative Budget Office, the Performance Evaluation and Expenditure Review Committee, the Executive Director of the Department of Finance and Administration and the Legislative Reference Bureau.

(4) The commissioner shall develop the strategic plan before September 23, 1994.
Miss. Code Ann. § 47-5-413 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-807 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-77 — MS Code / Title 47 / Chapter 1 / Section 5-77
Miss. Code Ann. § 47-5-77
Status: in_force

The commissioner shall remit to the State Treasurer all moneys belonging to the correctional system received by him in accordance with the provisions of Section 7-9-21 . All bills and accounts of said correctional system shall be paid from appropriations made by the Legislature upon sworn accounts and warrants drawn by the State Fiscal Management Board on the State Treasurer in the same manner as provided by general law. Each account shall be approved by the commissioner or, in the commissioner's absence, by his designee.
Miss. Code Ann. § 47-5-517 — MS Code / Title 47 / Chapter 1 / Section 5-517
Miss. Code Ann. § 47-5-517
Status: in_force

The Department of Corrections shall contract with the Department of Economic and Community Development for a training and work program for inmates to perform data processing entry at the Central Mississippi Correctional Facility.
Miss. Code Ann. § 47-5-104 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-134 — MS Code / Title 47 / Chapter 5 / Section 5-134
Miss. Code Ann. § 47-5-134
Status: in_force

The Commissioner of Corrections may authorize the working of offenders, on a voluntary basis, in support of Habitat for Humanity, Inc., or the Fuller Center for Housing, Inc., which are nonprofit organizations. However, offenders shall only be used to work on construction projects. The Department of Corrections shall establish all proper regulations for the working, guarding, safekeeping, clothing, housing and subsistence of offenders when they are working.
Miss. Code Ann. § 47-5-1117 — MS Code / Title 47 / Chapter 1 / Section 5-1117
Miss. Code Ann. § 47-5-1117
Status: in_force

A plan shall be developed and certified by the commissioner which demonstrates the method by which the state would resume control of the prison upon contract termination. Such plan shall be submitted for review and comment to law enforcement agencies, the district attorney and circuit judges in the county in which the prison is located.
Miss. Code Ann. § 47-5-24 — MS Code / Title 47 / Chapter 3 / Section 5-24
Miss. Code Ann. § 47-5-24
Status: in_force

(1) The Governor shall appoint a Commissioner of Corrections, with the advice and consent of the Senate. Such commissioner may be removed by the Governor. The commissioner shall be the chief executive, administrative and fiscal officer of the department.

(2) The commissioner shall receive an annual salary fixed by the Governor, not to exceed the maximum authorized by law, in addition to all actual, necessary expenses incurred in the discharge of official duties, including mileage as authorized by law.

(3) The commissioner shall possess the following minimum qualifications:

(a) A master's degree in corrections, criminal justice, guidance, social work, or some related field, and at least six (6) years full-time experience in corrections, including at least three (3) years of correctional management experience; or

(b) A bachelor's degree in a field described in subparagraph (a) of this subsection and at least ten (10) years full-time work in corrections, five (5) years of which shall have been in correctional management; or

(c) Shall possess relevant experience in the private or public sector.

(4) The commissioner shall be required, upon assuming the duties of his office, to execute a good and sufficient bond payable to the State of Mississippi in the sum of Two Hundred Fifty Thousand Dollars ($250,000.00), conditioned upon an accurate accounting for all monies and property coming into his hands. The commissioner, upon approval by the Governor, may require of other officers, employees and agents of the department a good and sufficient bond in such sum as he may determine, subject to the minimum requirements set forth herein, payable to the State of Mississippi upon like condition. The bonds shall be approved by the Governor and filed with the Secretary of State, and shall be executed by a surety company authorized to do business under the laws of this state. The premium on any such bond shall be paid by the state out of the support and maintenance fund of the department.
Miss. Code Ann. § 47-5-1013 — MS Code / Title 47 / Chapter 3 / Section 5-1013
Miss. Code Ann. § 47-5-1013
Status: in_force

Participants enrolled in an intensive supervision program shall be required to:

(a) Maintain employment if physically able, or full-time student status at an approved school or vocational trade, and make progress deemed satisfactory to the correctional field officer, or both, or be involved in supervised job searches.

(b) Pay restitution and program fees as directed by the department. Program fees shall not be less than Eighty-eight Dollars ($88.00) per month. The sentencing judge may charge a program fee of less than Eighty-eight Dollars ($88.00) per month in cases of extreme financial hardship, when such judge determines that the offender's participation in the program would provide a benefit to his community. Juvenile offenders shall not pay a program fee but shall pay a monthly fee as provided in Section 47-5-1007 . Program fees shall be deposited in the special fund created in Section 47-5-1007 .

(c) Establish a place of residence at a place approved by the correctional field officer, and not change his residence without the officer's approval. The correctional officer shall be allowed to inspect the place of residence for alcoholic beverages, controlled substances and drug paraphernalia.

(d) Remain at his place of residence at all times except to go to work, to attend school, to perform community service and as specifically allowed in each instance by the correctional field officer.

(e) Allow administration of drug and alcohol tests as requested by the field officer.

(f) Perform not less than ten (10) hours of community service each month.

(g) Meet any other conditions imposed by the court to meet the needs of the offender and limit the risks to the community.
Miss. Code Ann. § 47-7-83 — MS Code / Title 47 / Chapter 1 / 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. § 47-1-13 — MS Code / Title 47 / Chapter 1 / Section 1-13
Miss. Code Ann. § 47-1-13
Status: in_force

Any person being held in the county jail in default of bail to await trial, except those held for treason, murder, arson, or rape, and except such as the sheriff may deem it improper to let out, may on application to the sheriff of the county, be allowed to work on the county farm or on the public roads or other county public works as other convicts are worked and at the same wage. The board of supervisors shall settle with prisoners so working at their regular meetings monthly. But if it appears that it is not to the best interest of the county to work such prisoners, the board may decline at any time to employ them.
Miss. Code Ann. § 47-5-116 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-1227 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-132 — MS Code / Title 47 / Chapter 5 / Section 5-132
Miss. Code Ann. § 47-5-132
Status: in_force

(1) In addition to any other powers and duties of the Commissioner of Corrections, the commissioner is authorized to study and develop a plan for rotating bed space, known in military terms as “hot racking,” for adult offenders committed to the Department of Corrections. The plan, as determined by the commissioner, may include rotating shifts of labor, training and sleep.

(2) In addition, the commissioner may:

(a) In his discretion as he deems necessary to address emergency overcrowding situations, utilize military-style temporary housing facilities and infrastructure, for the incarceration of adult offenders committed to the department. Such facilities shall include tents or other temporary structures, any necessary ditches for drainage purposes, any temporary infrastructure and any other improvement or accompaniment to such structures. All such facilities shall be constructed as much as possible by adult offenders in the custody of the Department of Corrections, possessing the minimum constructions skills necessary.

(b) In his discretion, require that any bed in the state correctional system shall be converted to a bunk bed, in order that a space occupied by a bed will consist of a bed on top of a bed, which shall be known as “double-bunking.”
Miss. Code Ann. § 47-5-725 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-601 — MS Code / Title 47 / Chapter 4 / Section 5-601
Miss. Code Ann. § 47-5-601
Status: in_force

The Mississippi Department of Corrections is authorized to establish a drug identification program and shall have the power and duty to adopt rules not inconsistent with law as it may deem proper and necessary with respect to the establishment, administration and operation of the program.
Miss. Code Ann. § 47-7-31 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-731 — MS Code / Title 47 / Chapter 3 / Section 5-731
Miss. Code Ann. § 47-5-731
Status: repealed

Sections 47-5-701 through 47-5-729, Mississippi Code of 1972 , which create the Prison Overcrowding Emergency Powers Act, shall stand repealed from and after July 1, 2025.
Miss. Code Ann. § 47-5-457 — MS Code / Title 47 / Chapter 4 / 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. § 47-7-36 — MS Code / Title 47 / Chapter 4 / 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. § 47-5-107 — MS Code / Title 47 / Chapter 4 / 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. § 47-5-147 — MS Code / Title 47 / Chapter 3 / Section 5-147
Miss. Code Ann. § 47-5-147
Status: in_force

When an offender escapes from the custody of the department, the commissioner shall immediately notify the Governor who shall have exclusive power to authorize the payment of a reward, in his discretion, not exceeding Fifty Dollars ($50.00), out of any money available in the state treasury not otherwise appropriated, for the arrest and delivery of such offender to the proper authorities.
Miss. Code Ann. § 47-5-1211 — MS Code / Title 47 / Chapter 4 / 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. § 47-7-53 — MS Code / Title 47 / Chapter 5 / Section 7-53
Miss. Code Ann. § 47-7-53
Status: in_force

If the Parole Board is abolished, the Department of Corrections shall assume and exercise all the duties, powers and responsibilities of the State Parole Board. The Commissioner of Corrections may assign to the appropriate officers and divisions any powers and duties deemed appropriate to carry out the duties and powers of the Parole Board. Wherever the terms “ State Parole Board ” or “ Parole Board ” appear in any state law, they shall mean the Department of Corrections.
Miss. Code Ann. § 47-5-1209 — MS Code / Title 47 / Chapter 5 / Section 5-1209
Miss. Code Ann. § 47-5-1209
Status: in_force

(1) There is created the Noxubee County Prison Work Program, to be located at the Industrial Park in Macon, Mississippi. The Noxubee County Prison Work Program shall be established pursuant to the authority granted in Sections 47-5-451 through 47-5-469 that provide for the joint state-county work programs, in order to achieve the legislative intent as set out in Section 47-5-351 , making maximum utilization of the farmlands for the purpose of feeding offenders.

(2) The State Prison Emergency Construction and Management Board, subject to such funding as the Legislature may make available, may modify any existing facility or construct and equip one (1) seventy-five-bed correctional work camp in accordance with Section 47-5-455 , on the site of the Industrial Park in Macon, Mississippi. The purpose of constructing this work camp is to provide housing and necessary support in order that the offenders may be available to work for the municipalities and counties in the surrounding areas in addition to working at the Industrial Park.

(3) In the construction and renovation of a work camp, the State Prison Emergency Construction and Management Board, in conjunction with the Mississippi Department of Corrections, shall utilize offenders in the custody of the Department of Corrections for construction to the extent such labor is available. The Mississippi Department of Corrections shall: establish, maintain and implement a program for training and utilizing offenders in construction projects; determine and provide to the State Prison Emergency Construction and Management Board the name, the number and construction skills of offenders; and provide security officers to be in attendance during all hours when offenders are involved in construction. When necessary construction skills are not available from the offender population, the State Prison Emergency Construction and Management Board may contract with private contractors or mechanics to perform necessary construction work.

(4) In the planning, design, procurement and construction of a work camp, the State Prison Emergency Construction and Management Board shall make maximum utilization of plans and specifications prepared for, and processes employed in, completed or ongoing construction projects for the Mississippi Department of Corrections.
Miss. Code Ann. § 47-5-1101 — MS Code / Title 47 / Chapter 4 / Section 5-1101
Miss. Code Ann. § 47-5-1101
Status: in_force

Sections 47-5-1101 through 47-5-1123 shall be cited as the “Special Needs Prison Program of 1994.”
Miss. Code Ann. § 47-7-41 — MS Code / Title 47 / Chapter 4 / Section 7-41
Miss. Code Ann. § 47-7-41
Status: in_force

When a probationer shall be discharged from probation by the court of original jurisdiction, the field supervisor, upon receiving a written request from the probationer, shall forward a written report of the record of the probationer to the Division of Community Corrections of the department, which shall present a copy of this report to the Governor. The Governor may, in his discretion, at any time thereafter by appropriate executive order restore any civil rights lost by the probationer by virtue of his conviction or plea of guilty in the court of original jurisdiction.
Miss. Code Ann. § 47-5-329 — MS Code / Title 47 / Chapter 3 / Section 5-329
Miss. Code Ann. § 47-5-329
Status: in_force

(1) The Commissioner of Corrections shall appoint a Prison Industries Advisory Council. The council shall advise the commissioner and the Governor on all aspects of the prison industry program at the State Penitentiary, including, but not limited to, the types and quantity of products to be manufactured and their manner of production.

(2) The council shall consist of the commissioner, who shall be chairman of the council, and six (6) citizens appointed by the commissioner. The members appointed by the commissioner shall be active leaders of business and industry in this state, and one (1) of the members shall be a representative of organized labor. The members shall be familiar, insofar as possible, with the various types of prison industries in operation or contemplated for operation at the State Penitentiary. Of the initial members of the council, one (1) shall be appointed for a term of one (1) year; one (1) for a term of two (2) years; one (1) for a term of three (3) years; one (1) for a term of four (4) years; one (1) for a term of five (5) years; and one (1) for a term of six (6) years. Thereafter, each member shall serve a term of four (4) years. Vacancies shall be filled for the remainder of the unexpired term and members may be reappointed. Members shall receive such per diem as provided by law for each day actually spent in the performance of their duties, in addition to the actual and necessary expenses incurred in the discharge of their duties. The per diem and expenses shall be paid from the Prison Industries Fund as created in Section 47-5-66 .

(3) The council shall meet quarterly and at such other times deemed necessary by the commissioner.
Miss. Code Ann. § 47-5-56 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-541 — MS Code / Title 47 / Chapter 1 / Section 5-541
Miss. Code Ann. § 47-5-541
Status: in_force

(1) The corporation shall be governed by a board of directors. The terms of the board of directors in place before July 1, 2022, shall expire June 30, 2022. From and after July 1, 2022, the board of directors of the nonprofit corporation shall be composed of the following five (5) members:

(a) The Commissioner of the Department of Corrections or his or her designee;

(b) One (1) representative of the faith-based community who is a resident of the State of Mississippi, appointed by the Governor with the advice and consent of the Senate;

(c) One (1) representative of the business community who is a resident of the State of Mississippi, appointed by the Lieutenant Governor with the advice and consent of the Senate;

(d) The Executive Director of the Office of Workforce Development or his or her designee; and

(e) The Executive Director of the Mississippi Community College Board or his or her designee.

For the initial appointments, the representative of the faith-based community shall serve for a term of one (1) year; the representative of the business community shall serve for a term of two (2) years; the Executive Director of the Office of Workforce Development or his or her designee shall serve for a term of three (3) years and the Executive Director of the Mississippi Community College Board shall serve for a term of four (4) years. All succeeding terms shall be for four (4) years from the expiration date of the previous term. The term of the Commissioner of Corrections shall run concurrent with his or her term or terms as commissioner. Initial appointments shall be made within thirty (30) days after July 1, 2022. Any vacancy on the board prior to the expiration of a term for any reason, including resignation, removal, disqualification, death or disability shall be filled in the manner prescribed in paragraphs (a) through (e) of this subsection for the balance of the unexpired term. The officers of the corporation shall consist of a chairman, vice chairman and a secretary-treasurer. The officers shall be selected by the members of the board. However, the Commissioner of Corrections shall not be eligible to serve as an officer of the corporation.

(2)(a) The board of directors shall select and employ a chief executive officer of the corporation who shall serve at the pleasure of the board. The board shall set the compensation of the chief executive officer. The chief executive officer shall be responsible for the general business and entire operations of the corporation, and shall be responsible for operating the corporation in compliance with the bylaws of the corporation and in compliance with any provision of law. The board shall be authorized and empowered to do only those acts provided by law and by the bylaws of the corporation. Except as otherwise specifically provided by law, such board shall have the authority to establish prison industries, to cease the operation of any industry which it deems unsuitable or unprofitable, to enter into any lease or contract for the corporation and it shall have the full authority to establish prices for any industry good.

(b) The chief executive officer of the corporation shall work in collaboration with the Executive Director of the Office of Workforce Development to implement workforce development programs within the corrections system which align with the strategic plan for an integrated workforce development system for the state, as described in Section 37-153-7 .

(c) The chief executive officer of the corporation shall be a person with extensive experience in development of economic, human and physical resources, with an emphasis in the corrections or reentry environments preferred. The chief executive officer of the corporation shall have at least a bachelor's degree from a state-accredited institution and no less than eight (8) years of professional experience related to workforce development.

(d) With the assistance of the Office of Workforce Development, the chief executive officer of the corporation shall:

(i) Inventory and measure the effectiveness of current workforce development programs in the state corrections system, with the goal of eliminating any programs which do not result in desired outcomes, including, but not limited to, an increase in employment in reentering offenders, a better environment within correctional facilities in the state, or a reduction in recidivism;

(ii) Partner with educational institutions to provide additional opportunities in workforce development programs for offenders leading to high-wage, high-skill jobs upon reentry;

(iii) Provide information, as appropriate, to offenders on workforce development programs available within the corrections system;

(iv) Work with industry to identify barriers which inhibit offender reentry and employment and evaluate the responsiveness of the corrections system and other support entities to the needs of industry;

(v) Develop short-term and long-term goals for the state related to workforce development and reentry offender employment within the corrections system; and

(vi) Perform a comprehensive review of workforce development in the corrections system, including the amount expended on programs supported by state or federal money and their outcomes.

(3) No member of the board of directors shall vote on any matter that comes before the board that could result in pecuniary benefit for himself or for any entity in which such member has an interest.

(4) In addition to the board of directors, an advisory board may be set up for the benefit of each industry which is established pursuant to the provisions of Sections 47-5-531 through 47-5-575 . Such boards shall be advisory only, and may be set up in the discretion of the board of directors of the corporation.

(5) Each member of the board of directors of the corporation shall receive per diem as provided in Section 25-3-69 for each day or fraction thereof spent in actual discharge of his official duties and shall be reimbursed for mileage and actual expenses incurred in the performance of his official duties in accordance with the requirements of Section 25-3-41, Mississippi Code of 1972 .

(6) The board of directors shall make and publish policies, rules and regulations governing all business functions, including but not limited to accounting, marketing, purchasing and personnel, not inconsistent with the terms of Sections 47-5-531 through 47-5-575 , as may be necessary for the efficient administration and operation of the corporation.

(7) The chief executive officer of the corporation shall:

(a) Employ all necessary employees of the corporation and dismiss them as is necessary;

(b) Administer the daily operations of the corporation, including establishing education, training and workforce development programs in collaboration with the Office of Workforce Development and other relevant state and federal agencies;

(c) Upon approval of the board of directors, execute any contracts on behalf of the corporation; and

(d) Take any further actions which are necessary and proper toward the achievement of the corporation purposes.

(8) A member of the board of directors of the corporation shall not be liable for any civil damages for any personal injury or property damage caused to a person as a result of any acts or omissions committed in good faith in the exercise of their duties as members of the board of directors of the corporation, except where a member of the board engages in acts or omissions which are intentional, willful, wanton, reckless or grossly negligent.
Miss. Code Ann. § 47-5-501 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-151 — MS Code / Title 47 / Chapter 4 / Section 5-151
Miss. Code Ann. § 47-5-151
Status: in_force

The superintendent (warden) or other person in charge of prisoners, upon the death of any prisoner under his care and control, shall at once notify the county medical examiner or county medical examiner investigator (hereinafter “medical examiner”) of the county in which said prisoner died, of the death of the prisoner, and it shall be the duty of such medical examiner, when so notified of the death of such person, to obtain a court order and notify the State Medical Examiner of the death of such prisoner. It shall be mandatory that the State Medical Examiner cause an autopsy to be performed upon the body of the deceased prisoner. Furthermore, the State Medical Examiner shall investigate any case where a person is found dead on the premises of the correctional system, in accordance with Sections 41-61-51 through 41-61-79 . The State Medical Examiner shall make a written report of his investigation, and shall furnish a copy of the same, including the autopsy report, to the superintendent (warden) and a copy of the same to the district attorney of the county in which said prisoner died. The copy so furnished to the district attorney shall be turned over by the district attorney to the grand jury, and it shall be the duty of the grand jury, if there be any suspicion of wrongdoing shown by the inquest papers, to thoroughly investigate the cause of such death.

It shall be the duty of the medical examiner of the county in which said prisoner died to arrange for the remains to be transported to the State Medical Examiner for said autopsy, and accompanying the remains shall be the court order for autopsy and any documents or records pertaining to the deceased prisoner, institutional health records or other information relating to the circumstances surrounding the prisoner's death. The State Medical Examiner shall arrange for the remains to be transported to the county in which said prisoner died following completion of the autopsy. If the remains are not claimed for burial within forty-eight (48) hours after autopsy, then said remains may be delivered to the University of Mississippi Medical Center for use in medical research or anatomical study.

The provisions herein set forth in the first paragraph shall likewise apply to any case in which any person is found dead on the premises of the Mississippi State Penitentiary except that the autopsy to be performed on the body of such a person shall not be mandatory upon a person who is not a prisoner unless the medical examiner determines that the death resulted from circumstances raising questions as to the cause of death, in which case the medical examiner may cause an autopsy to be performed upon the body of such deceased person in the same manner as authorized to be performed upon the body of a deceased prisoner.

Provided further, that the provisions herein shall apply with respect to any deceased prisoner who at the time of death is being detained by duly constituted state authority such as the Oakley Youth Development Center, Mississippi State Hospital at Whitfield, East Mississippi State Hospital, or any other state institution.

The provisions of this section shall not apply to a prisoner who was lawfully executed as provided in Sections 99-19-49 through 99-19-55 .

Any officer or employee of the prison system or any other officer, employee or person having charge of any prisoner who shall fail to immediately notify the medical examiner of the death of such prisoner, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) and by confinement in the county jail for not more than one (1) year.
Miss. Code Ann. § 47-5-139 — MS Code / Title 47 / Chapter 3 / Section 5-139
Miss. Code Ann. § 47-5-139
Status: in_force

(1) An inmate shall not be eligible for the earned time allowance if:

(a) The inmate was sentenced to life imprisonment; but an inmate, except an inmate sentenced to life imprisonment for capital murder, who has reached the age of sixty-five (65) or older and who has served at least fifteen (15) years may petition the sentencing court for conditional release;

(b) The inmate was convicted as a habitual offender under Sections 99-19-81 through 99-19-87 ;

(c) The inmate has forfeited his earned time allowance by order of the commissioner;

(d) The inmate was convicted of a sex crime; or

(e) The inmate has not served the mandatory time required for parole eligibility for a conviction of robbery or attempted robbery with a deadly weapon.

(2) An offender under two (2) or more consecutive sentences shall be allowed commutation based upon the total term of the sentences.

(3) All earned time shall be forfeited by the inmate in the event of escape and/or aiding and abetting an escape. The commissioner may restore all or part of the earned time if the escapee returns to the institution voluntarily, without expense to the state, and without act of violence while a fugitive from the facility.

(4) Any officer or employee who shall willfully violate the provisions of this section and be convicted therefor shall be removed from office or employment.
Miss. Code Ann. § 47-5-409 — MS Code / Title 47 / Chapter 3 / Section 5-409
Miss. Code Ann. § 47-5-409
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 in the case of a state inmate, and an escape from the custody of the sheriff in the case of a county inmate, and shall be punishable accordingly.
Miss. Code Ann. § 47-5-4 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-603 — MS Code / Title 47 / Chapter 5 / Section 5-603
Miss. Code Ann. § 47-5-603
Status: in_force

Any offender on probation or released from a facility of the Department of Corrections on parole or earned probation who remains under the supervision of the Department of Corrections or any offender who is incarcerated in a state correctional facility may be required to participate in the Mississippi Department of Corrections drug identification program. Participation by an offender would consist of submission by the offender, from time to time and upon the request of a parole or probation supervisor, or authorized personnel of the department 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. § 47-5-1219 — MS Code / Title 47 / Chapter 4 / Section 5-1219
Miss. Code Ann. § 47-5-1219
Status: in_force

A contract for correctional services shall not be entered into unless the following requirements are met:

(a) In addition to fire and casualty insurance, the contractor provides at least Ten Million Dollars ($10,000,000.00) of liability insurance, specifically including insurance for civil rights claims. The liability insurance shall be issued by an insurance company with a rating of at least an A- according to A.M. Best standards. In determining the adequacy of such insurance, the Department of Finance and Administration shall determine whether:

(i) The insurance is adequate to protect the state from any and all actions by a third party against the contractor or the state as a result of the contract;

(ii) The insurance is adequate to protect the state against any and all claims arising as a result of any occurrence during the term of the contract;

(iii) The insurance is adequate to assure the contractor's ability to fulfill its contract with the state in all respects, and to assure that the contractor is not limited in this ability because of financial liability which results from judgments; and

(iv) The insurance is adequate to satisfy such other requirements specified by the independent risk management/actuarial firm.

(b) The sovereign immunity of the state shall not apply to the contractor. Neither the contractor nor the insurer of the contractor may plead the defense of sovereign immunity in any action arising out of the performance of the contract.

(c) The contractor shall post a performance bond to assure the contractor's faithful performance of the specifications and conditions of the contract. The bond is required throughout the term of the contract. The terms and conditions must be approved by the Department of Corrections and the Department of Finance and Administration and such approval is a condition precedent to the contract taking effect.

(d) The contractor shall defend any suit or claim brought against the State of Mississippi arising out of any act or omission in the operation of a private facility, and shall hold the State of Mississippi harmless from such claim or suit. The contractor shall be solely responsible for the payment of any legal or other costs relative to any such claim or suit. The contractor shall reimburse the State of Mississippi for any costs that it may incur as a result of such claim or suit immediately upon being submitted a statement therefor by the Attorney General.

The duties and obligations of the contractor pursuant to this subsection shall include, but not be limited to, any claim or suit brought under any federal or state civil rights or prisoners rights statutes or pursuant to any such rights recognized by common law or case law, or federal or state constitutions.

Any suit brought or claim made arising out of any act or omission in the operation of a private facility shall be made or brought against the contractor and not the State of Mississippi.

The Attorney General retains all rights and emoluments of his office which include direction and control over any litigation or claim involving the State of Mississippi.
Miss. Code Ann. § 47-5-937 — MS Code / Title 47 / Chapter 5 / Section 5-937
Miss. Code Ann. § 47-5-937
Status: in_force

Sections 47-5-931 through 47-5-941 shall be full and complete authority for the exercise of all powers and authority granted herein and no requirements or restrictions of law which would otherwise be applicable to acts of the county or sheriff or the Department of Corrections shall be applicable except as expressly provided herein. The sheriff is expressly authorized to employ counsel to represent the facility to be paid a salary within the range allowed for a legal assistant to a district attorney with the employment to continue for a period of time not to exceed the duration of the indebtedness incurred for construction of the facility. The county or counties shall pay this cost and other costs incurred in the operation of the facility from the proceeds of the funds derived from the financing of the project and the housing of offenders.
Miss. Code Ann. § 47-5-126 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-329 — MS Code / Title 47 / Chapter 5 / Section 5-329
Miss. Code Ann. § 47-5-329
Status: in_force

(1) The Commissioner of Corrections shall appoint a Prison Industries Advisory Council. The council shall advise the commissioner and the Governor on all aspects of the prison industry program at the State Penitentiary, including, but not limited to, the types and quantity of products to be manufactured and their manner of production.

(2) The council shall consist of the commissioner, who shall be chairman of the council, and six (6) citizens appointed by the commissioner. The members appointed by the commissioner shall be active leaders of business and industry in this state, and one (1) of the members shall be a representative of organized labor. The members shall be familiar, insofar as possible, with the various types of prison industries in operation or contemplated for operation at the State Penitentiary. Of the initial members of the council, one (1) shall be appointed for a term of one (1) year; one (1) for a term of two (2) years; one (1) for a term of three (3) years; one (1) for a term of four (4) years; one (1) for a term of five (5) years; and one (1) for a term of six (6) years. Thereafter, each member shall serve a term of four (4) years. Vacancies shall be filled for the remainder of the unexpired term and members may be reappointed. Members shall receive such per diem as provided by law for each day actually spent in the performance of their duties, in addition to the actual and necessary expenses incurred in the discharge of their duties. The per diem and expenses shall be paid from the Prison Industries Fund as created in Section 47-5-66 .

(3) The council shall meet quarterly and at such other times deemed necessary by the commissioner.
Miss. Code Ann. § 47-5-571 — MS Code / Title 47 / Chapter 5 / Section 5-571
Miss. Code Ann. § 47-5-571
Status: in_force

Except as otherwise specifically provided by law, no goods, wares, services or merchandise manufactured, mined or offered in whole or in part by prisoners shall be sold or offered by any person or other authority except by the corporation, as authorized by Sections 47-5-531 through 47-5-575 .
Miss. Code Ann. § 47-5-709 — MS Code / Title 47 / Chapter 5 / Section 5-709
Miss. Code Ann. § 47-5-709
Status: in_force

If the prison system population exceeds ninety-five percent (95%) of operating capacity for thirty (30) consecutive days, the State Parole Board shall meet to determine whether there has been full appropriate exercise of the powers of the State Parole Board which tend to reduce the prison system population. The State Parole Board shall report its findings to the Governor within ten (10) days after the thirtieth day of operating in excess of ninety-five percent (95%) of prison operating capacity. The report shall include the determination of the State Parole Board regarding its utilization of powers described in paragraph (c) of Section 47-5-705 .
Miss. Code Ann. § 47-5-142 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-513 — MS Code / Title 47 / Chapter 4 / Section 5-513
Miss. Code Ann. § 47-5-513
Status: in_force

Except as otherwise specifically provided by law, proceeds of funds paid by industries or businesses participating in the correctional industries work program shall be paid into the special fund in the State Treasury to the credit of the Department of Corrections for the operating expenses of the department.
Miss. Code Ann. § 47-5-119 — MS Code / Title 47 / Chapter 5 / Section 5-119
Miss. Code Ann. § 47-5-119
Status: in_force

Offenders, when received into a facility of the correctional system, shall be carefully searched. If money be found on the person of the offender, or received by him at any time, it shall be taken in charge by the commissioner and placed to the offender's credit and expended for the offender's benefit on his written order and under such restrictions as may be prescribed by law or the rules. If an offender with money charged to his credit shall die from any cause while in a facility of the correctional system or be discharged without claiming such money, the commissioner shall make every effort to give notice of such fact to the discharged offender or to the beneficiary or nearest-known relative, if any, of the deceased or discharged offender, and upon a valid claim presented shall pay out such money to such discharged offender, beneficiary or nearest relative. After two (2) years from the date of giving such notice, or a valid attempt to give such notice, or two (2) years after the death of such offender, if the beneficiary or nearest relative is unknown, if such money has not been validly claimed, the commissioner shall make an affidavit of such fact, which sums shall escheat to the correctional system special vocational training program fund to help in offender rehabilitation. Any officer or employee having charge of the offenders' money who misappropriates the same, or any part thereof, shall be deemed guilty of a felony, and upon conviction thereof shall be confined in the correctional system for a term of not more than five (5) years. All sums credited to the account of an offender who shall escape shall immediately, upon the offender's escape, escheat to the special vocational training program fund to help in offender rehabilitation.
Miss. Code Ann. § 47-5-1513 — MS Code / Title 47 / Chapter 5 / Section 5-1513
Miss. Code Ann. § 47-5-1513
Status: in_force

(1) To the greatest extent practicable, and consistent with safety and order, the Commissioner of the Department of Corrections shall issue regulations that limit inspections by male correctional officers where a female inmate is in a state of undress.

Nothing in this section shall limit the ability of a male correctional officer from conducting inspections where a female may be in a state of undress if no female correctional officers are available.

(2) In such case that a male correctional officer deems it is appropriate to conduct an inspection or search while the female inmate is in a clear state of undress in an area such as the shower, the medical examination room, toilet areas or where a female inmate is having a body cavity search, the male correctional officer shall submit a written report to the warden of the facility within seventy-two (72) hours following the inspection or search, containing the justification for a male correctional officer to inspect the female inmate while in a state of undress.
Miss. Code Ann. § 47-5-313 — MS Code / Title 47 / Chapter 4 / 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. § 47-5-355 — MS Code / Title 47 / Chapter 4 / Section 5-355
Miss. Code Ann. § 47-5-355
Status: in_force

(1) The Commissioner of Corrections shall employ a director of the prison agricultural enterprises, who shall be directly responsible to the commissioner. The director shall have the following duties and powers:

(a) To implement and manage the prison agricultural enterprises;

(b) To determine, with the advice of the Director of Planning, the type of agricultural, animal husbandry and aquaculture products needed to feed inmates and which may be grown profitably on department lands;

(c) To use inmate labor to meet the labor needs of the programs, subject to the requirements of subsection (2);

(d) To recommend rules and regulations and employ personnel necessary for the operation of the programs;

(e) To determine the proper methods of canning, freezing or preserving that may be used to the best advantage of the programs;

(f) With approval of the commissioner, to do those things necessary and proper to accomplish the purposes of the programs;

(g) To determine and establish priorities on the most appropriate and profitable products to be grown and which department lands should be farmed, taking into consideration the available prison labor, existing equipment and funds available therefor, markets for the products, and other matters consistent with prudent agricultural practices;

(h) To manage the food services of the department at the discretion of the commissioner.

(2) The director shall have the right to use inmate labor to the exclusion of prison industries. The superintendents shall provide the prison agricultural enterprises with sufficient inmate labor. If a superintendent refuses to provide inmate labor because of security concerns, the commissioner shall decide if security requirements preclude use of inmate labor. Upon the request of the director, the superintendents shall provide security for prison agricultural enterprises.

(3) The director shall maintain accurate and complete financial records of all receipts and expenditures of the prison agricultural enterprise programs.

(4) The director shall file a full and complete report with the Legislature before January 1 of each year detailing the costs, inventory and receipts of each program. The report shall also provide the cost or cost savings of such programs.

(5) The department may enter into joint ventures with private businesses related to prison agricultural enterprises.
Miss. Code Ann. § 47-5-1001 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-561 — MS Code / Title 47 / Chapter 5 / Section 5-561
Miss. Code Ann. § 47-5-561
Status: in_force

(1) In addition to its other powers, the corporation shall have the power to request, through the department, an appropriation of general revenue funds for the purposes of operation of, addition to or renovation of facilities or correctional work programs at the various correctional institutions; however, upon receipt of such appropriation, the rental paid by the corporation for the operation of or such new remodeled or renovated facilities or the operation of a correctional work program shall be sufficient to amortize its cost over a period of five (5) years.

(2) The corporation shall maintain those prison industries funds in excess of that amount necessary for sustaining quarterly or monthly operations of the corporation in an interest-bearing account best serving the proper management of corporation funds and earning the maximum amount of interest allowed by law. The corporation shall cause monies from the interest-bearing account to be deposited quarterly or monthly into the corporation's checking account in order to pay the legal debts of the corporation, approved for payment by the corporation.
Miss. Code Ann. § 47-5-945 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-1105 — MS Code / Title 47 / Chapter 3 / Section 5-1105
Miss. Code Ann. § 47-5-1105
Status: in_force

(1) The commissioner is authorized to enter into contracts for a special needs correctional facility and services only as provided in Sections 47-5-1101 through 47-5-1123 .

(2) No contract shall be entered into unless it offers cost savings of at least ten percent (10%) to the department.

(3) Any inmate sentenced to the custody of the department identified as having a special need may be eligible to be incarcerated in a special needs correctional facility in which a contractor is providing correctional services.

(4) The rates and benefits for correctional services shall be negotiated by the commissioner based upon American Correction Association Standards, state law and court orders.

(5) The special needs facility or the site for a proposed facility must comply with all local zoning ordinances and regulations.

(6) The department may contract for the construction or leasing of a special needs facility. Any facility operated by a private contractor must house medium or maximum security inmates.
Miss. Code Ann. § 47-7-4 — MS Code / Title 47 / Chapter 3 / Section 7-4
Miss. Code Ann. § 47-7-4
Status: in_force

(1) The commissioner and the medical director of the department may place an offender who has served not less than one (1) year of his or her sentence, except an offender convicted of a sex crime, on conditional medical release. However, a nonviolent offender who is bedridden may be placed on conditional medical release regardless of the time served on his or her sentence. Upon the release of a nonviolent offender who is bedridden, the state shall not be responsible or liable for any medical costs that may be incurred if such costs are acquired after the offender is no longer incarcerated due to his or her placement on conditional medical release. The commissioner shall not place an offender on conditional medical release unless the medical director of the department certifies to the commissioner that (a) the offender is suffering from a significant permanent physical medical condition with no possibility of recovery; (b) that his or her further incarceration will serve no rehabilitative purposes; and (c) that the state would incur unreasonable expenses as a result of his or her continued incarceration. Any offender placed on conditional medical release shall be supervised by the Division of Community Corrections of the department for the remainder of his or her sentence. An offender's conditional medical release may be revoked and the offender returned and placed in actual custody of the department if the offender violates an order or condition of his or her conditional medical release. An offender who is no longer bedridden shall be returned and placed in the actual custody of the department.

(2)(a) The State Parole Board may grant a medical parole and referral to licensed special care facilities for paroled inmates for an inmate determined to be “medically frail” as defined in this subsection.

(b) For purposes of this subsection (2), the term “ medically frail ” means an individual who has a mental or physical medical condition from which he or she, to a reasonable degree of medical certainty, is not expected to recover and as a result cannot perform daily living activities and who is a minimal threat to society as a result of the mental or physical medical condition.

(c) The following conditions apply to a parole granted under this subsection (2):

(i) An inmate who has been sentenced to capital punishment is not eligible;

(ii) An inmate who has been convicted as a criminal sex offender is not eligible;

(iii) An inmate does not pose a public safety risk or risk of flight as determined by the State Parole Board;

(iv) If the prisoner is incapacitated as a result of a mental or physical medical condition as prescribed under paragraph (b) of this subsection, an individual legally entitled to agree to the inmate's placement agrees to the inmate's placement in a licensed special care facility for paroled inmates or in a medical facility where medical care and treatment are determined to be appropriate for the parolee by the State Parole Board;

(v) An inmate shall agree to the release of his or her medical records that are directly relevant to the condition or conditions rendering the inmate medically frail to any prosecuting attorney of the county from which the inmate was committed before the State Parole Board determines whether or not to grant parole under this subsection;

(vi) If the inmate is granted parole under this subsection (2), the inmate shall agree to the quarterly release of his or her medical records that are directly relevant to the condition or conditions rendering the inmate medically frail at the request of any prosecuting attorney of the county from which the inmate was committed;

(vii) The parolee shall adhere to the terms of his or her parole for the length of his or her parole term, and the parole shall be for a term not less than the time necessary to reach the prisoner's earliest release date;

(viii) The department or the State Parole Board shall not retain authority over the medical treatment plan for the inmate granted parole under this subsection (2);

(ix) The department and the State Parole Board shall ensure that the placement and terms and conditions of parole granted under this subsection (2) do not violate any other state or federal regulations;

(x) A facility utilized by the department to facilitate parole under this subsection (2) shall be operated in a manner that ensures the safety of the residents of the facility;

(xi) If the inmate recovers from the mental or physical medical condition that rendered the inmate medically frail under this subsection (2), the State Parole Board shall revoke the parole granted under this subsection (2), and the department shall ensure that the inmate returns to incarceration.

(d) The Mississippi Department of Corrections may enter into contracts to facilitate the housing of paroled inmates under this subsection (2). The Mississippi Department of Corrections shall appoint a specialist in the appropriate field of medicine, who is not employed by the department, to evaluate the condition of the inmate considered for parole under this subsection (2) and to report on that condition to the department and the State Parole Board. The State Parole Board shall determine whether the inmate is medically frail in consultation with the Mississippi Department of Health.
Miss. Code Ann. § 47-5-715 — MS Code / Title 47 / Chapter 5 / Section 5-715
Miss. Code Ann. § 47-5-715
Status: in_force

During the continuation of a state of emergency, the Commissioner of the Department of Corrections shall weekly certify to the Governor the prison system population for each day of the preceding week. The Governor shall declare the state of emergency terminated upon notification that the prison system population has been at or below ninety-five percent (95%) of operating capacity for seven (7) consecutive days.

If no declaration of termination is issued within seven (7) days after the certification of conditions for termination of the state of emergency, the state of emergency is considered terminated as of the seventh day after the certification.
Miss. Code Ann. § 47-5-441 — MS Code / Title 47 / Chapter 4 / Section 5-441
Miss. Code Ann. § 47-5-441
Status: in_force

(1) Any sheriff, or his designee, may use any person who has been convicted of a nonviolent offense and who is serving all or any part of his sentence in the county jail to clear, clean, stabilize, preserve, maintain and restore historic cemeteries in the county. For the purposes of this section the term “ historic cemeteries ” means cemeteries that are at least one hundred (100) years old.

(2) Before undertaking work on an historic cemetery, the sheriff, or his designee, shall contact the Department of Archives and History to obtain information on the appropriate procedures for the preservation and restoration of an historical cemetery.

(3) Any sheriff, or his designee, may use any person who has been convicted of a crime and is serving all or part of his sentence in the county jail, who volunteers his time, to prepare or serve food in county or public facilities in conjunction with a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code .
Miss. Code Ann. § 47-5-64 — MS Code / Title 47 / Chapter 5 / 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. § 47-7-31 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-1505 — MS Code / Title 47 / Chapter 4 / Section 5-1505
Miss. Code Ann. § 47-5-1505
Status: in_force

(a) “ Restraints ” means any physical or mechanical device used to restrict or control the movement of a prisoner's body, limbs, or both.

(b) “ Body cavity searches ” means invasive searches on inmates, conducted by facility employees in search of contraband.

(c) “ Flight risk ” means an inmate who has shown the desire to escape the facility.

(d) “ Restrictive housing ” means any type of detention that involves:

(i) Removal from the general inmate population, whether voluntary or involuntary; and

(ii) Inability to leave a room or cell for the vast majority of the day.

(e) “ Postpartum recovery ” means the eight-week period, or longer as determined by the healthcare professional responsible for the health and safety of the prisoner.

(f) “ Menstrual hygiene products ” means products that women use during their menstrual cycle. This includes tampons, sanitary napkins and menstrual cups.

(g) “ Indigent ” means an inmate who has less than an average of Sixteen Dollars ($16.00) in her prison account.

(h) “ Correctional facility employee ” refers to anyone who is employed by the facility or the Department of Corrections.

(i) “ State of undress ” refers to a state where a female is partially or fully naked, either in the shower, toilet areas, a medical examination room or having a body cavity search conducted.
Miss. Code Ann. § 47-7-23 — MS Code / Title 47 / Chapter 7 / Section 7-23
Miss. Code Ann. § 47-7-23
Status: in_force

Except as otherwise provided by law, the Department of Corrections shall have the power and duty to make rules for the conduct of persons heretofore or hereafter placed on parole under the supervision of the Department of Corrections and for the investigation and supervision of such persons, which supervision may include a condition that such persons 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. The department shall not make any rules which shall be inconsistent with the rules imposed by the State Parole Board pursuant to Section 47-7-17 on offenders who are placed on unsupervised parole.
Miss. Code Ann. § 47-5-149 — MS Code / Title 47 / Chapter 3 / Section 5-149
Miss. Code Ann. § 47-5-149
Status: in_force

If any offender of the United States courts who has been delivered to the custody of the department shall escape or attempt to escape, or shall commit any other crime while in the state correctional system, he shall be liable to the like punishment as if he had been convicted by the courts of the state.
Miss. Code Ann. § 47-5-122 — MS Code / Title 47 / Chapter 4 / Section 5-122
Miss. Code Ann. § 47-5-122
Status: in_force

The Commissioner of Corrections may provide for agricultural production in connection with disciplinary programs, rehabilitation, inmate work projects, prison agricultural enterprise programs or any similar activity of the department; however, agricultural activities shall be conducted in a manner which are labor intensive and a minimum amount of mechanized or power-driven equipment shall be utilized to the extent practical and economically feasible.

The Department of Corrections is authorized to enter into contracts or agreements with the federal government with respect to agricultural subsidies or payments.
Miss. Code Ann. § 47-3-5 — MS Code / Title 47 / Chapter 1 / Section 3-5
Miss. Code Ann. § 47-3-5
Status: in_force

It shall be unlawful for any officer, convict manager, or other person to remove any convict to the state farm, county farm, road or other place where convicts may be worked before the expiration of five (5) days from the date of conviction, unless said convict may express himself so ready to go at an earlier date and such consent be entered on the minutes by order of the court. Any officer or other person violating this section shall be guilty of a misdemeanor and fined not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00), or be imprisoned in the county jail not less than thirty (30) days or more than six (6) months, or both such fine and imprisonment.
Miss. Code Ann. § 47-5-537 — MS Code / Title 47 / Chapter 3 / Section 5-537
Miss. Code Ann. § 47-5-537
Status: in_force

The Secretary of State, or his designee, shall assist the Department of Corrections and the Department of Finance and Administration in the formation of the nonprofit corporation, and within sixty (60) days after the formation of the corporation, the corporation shall apply for exemption from federal tax under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986 , as amended. Any program of the Division of Vocational Rehabilitation of the State Department of Human Services shall not be classified as prison industries under the provisions Sections 47-5-531 through 47-5-575 .
Miss. Code Ann. § 47-5-371 — MS Code / Title 47 / Chapter 5 / Section 5-371
Miss. Code Ann. § 47-5-371
Status: in_force

(1)(a) The Department of Corrections is authorized to create the Inmate Incentive to Work Program. The program shall be made available for eligible inmates housed in state correctional facilities and shall provide certain pay upon work performed in the program. The work offered by inmates shall consist of a wide range of jobs that require varying skill levels.

(b) The department shall adopt rules and regulations as necessary regarding the eligibility of the program as well as the amount of payment to be received by inmates for their work. Inmates who are unable to work or who are in cell confinement shall not be eligible to participate in the program.

(2) There is hereby created a special fund to be known as the “Inmate Incentive to Work Program Fund” to be maintained in a bank to be selected by the Commissioner of the Department of Corrections. 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 payment of inmates who are participants in the Inmate Incentive to Work Program, and the fund shall be funded as provided under Section 47-5-158(b) .
Miss. Code Ann. § 47-7-23 — MS Code / Title 47 / Chapter 5 / Section 7-23
Miss. Code Ann. § 47-7-23
Status: in_force

Except as otherwise provided by law, the Department of Corrections shall have the power and duty to make rules for the conduct of persons heretofore or hereafter placed on parole under the supervision of the Department of Corrections and for the investigation and supervision of such persons, which supervision may include a condition that such persons 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. The department shall not make any rules which shall be inconsistent with the rules imposed by the State Parole Board pursuant to Section 47-7-17 on offenders who are placed on unsupervised parole.
Miss. Code Ann. § 47-7-36 — MS Code / Title 47 / Chapter 3 / 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. § 47-7-33.1 — MS Code / Title 47 / Chapter 7 / Section 7-33.1
Miss. Code Ann. § 47-7-33.1
Status: in_force

(1) The department shall create a discharge plan for any offender returning to the community, regardless of whether the person will discharge from the custody of the department, or is released on parole, pardon, or otherwise. At least ninety (90) days prior to an offender's earliest release date, the commissioner shall conduct a pre-release assessment and complete a written discharge plan based on the assessment results. The discharge plan for parole eligible offenders shall be sent to the parole board at least thirty (30) days prior to the offender's parole eligibility date for approval. The board may suggest changes to the plan that it deems necessary to ensure a successful transition.

(2) The pre-release assessment shall identify whether an inmate requires assistance obtaining the following basic needs upon release: transportation, clothing and food, financial resources, identification documents, housing, employment, education, health care and support systems. The discharge plan shall include information necessary to address these needs and the steps being taken by the department to assist in this process, including an up-to-date version of the information described in Section 63-1-309(4) . Based on the findings of the assessment, the commissioner shall:

(a) Arrange transportation for inmates from the correctional facility to their release destination;

(b) Ensure inmates have clean, seasonally appropriate clothing, and provide inmates with a list of food providers and other basic resources immediately accessible upon release;

(c) Ensure inmates have a provisional driver's license issued pursuant to Title 63, Chapter 1, Article 7, Mississippi Code of 1972 , a regular driver's license if eligible, or a state-issued identification card that is not a Department of Corrections identification card;

(d) Assist inmates in identifying safe, affordable housing upon release. If accommodations are not available, determine whether temporary housing is available for at least ten (10) days after release. If temporary housing is not available, the discharge plan shall reflect that satisfactory housing has not been established and the person may be a candidate for transitional reentry center placement;

(e) Refer inmates without secured employment to employment opportunities;

(f) Provide inmates with contact information of a health care facility/provider in the community in which they plan to reside;

(g) Notify family members of the release date and release plan, if the inmate agrees; and

(h) Refer inmates to a community or a faith-based organization that can offer support within the first twenty-four (24) hours of release.

(3) A written discharge plan shall be provided to the offender and supervising probation officer or parole officer, if applicable.

(4) A discharge plan created for a parole-eligible offender shall also include supervision conditions and the intensity of supervision based on the assessed risk to recidivate and whether there is a need for transitional housing. The board shall approve discharge plans before an offender is released on parole pursuant to this chapter.
Miss. Code Ann. § 47-5-24 — MS Code / Title 47 / Chapter 1 / Section 5-24
Miss. Code Ann. § 47-5-24
Status: in_force

(1) The Governor shall appoint a Commissioner of Corrections, with the advice and consent of the Senate. Such commissioner may be removed by the Governor. The commissioner shall be the chief executive, administrative and fiscal officer of the department.

(2) The commissioner shall receive an annual salary fixed by the Governor, not to exceed the maximum authorized by law, in addition to all actual, necessary expenses incurred in the discharge of official duties, including mileage as authorized by law.

(3) The commissioner shall possess the following minimum qualifications:

(a) A master's degree in corrections, criminal justice, guidance, social work, or some related field, and at least six (6) years full-time experience in corrections, including at least three (3) years of correctional management experience; or

(b) A bachelor's degree in a field described in subparagraph (a) of this subsection and at least ten (10) years full-time work in corrections, five (5) years of which shall have been in correctional management; or

(c) Shall possess relevant experience in the private or public sector.

(4) The commissioner shall be required, upon assuming the duties of his office, to execute a good and sufficient bond payable to the State of Mississippi in the sum of Two Hundred Fifty Thousand Dollars ($250,000.00), conditioned upon an accurate accounting for all monies and property coming into his hands. The commissioner, upon approval by the Governor, may require of other officers, employees and agents of the department a good and sufficient bond in such sum as he may determine, subject to the minimum requirements set forth herein, payable to the State of Mississippi upon like condition. The bonds shall be approved by the Governor and filed with the Secretary of State, and shall be executed by a surety company authorized to do business under the laws of this state. The premium on any such bond shall be paid by the state out of the support and maintenance fund of the department.
Miss. Code Ann. § 47-5-1513 — MS Code / Title 47 / Chapter 1 / Section 5-1513
Miss. Code Ann. § 47-5-1513
Status: in_force

(1) To the greatest extent practicable, and consistent with safety and order, the Commissioner of the Department of Corrections shall issue regulations that limit inspections by male correctional officers where a female inmate is in a state of undress.

Nothing in this section shall limit the ability of a male correctional officer from conducting inspections where a female may be in a state of undress if no female correctional officers are available.

(2) In such case that a male correctional officer deems it is appropriate to conduct an inspection or search while the female inmate is in a clear state of undress in an area such as the shower, the medical examination room, toilet areas or where a female inmate is having a body cavity search, the male correctional officer shall submit a written report to the warden of the facility within seventy-two (72) hours following the inspection or search, containing the justification for a male correctional officer to inspect the female inmate while in a state of undress.
Miss. Code Ann. § 47-5-351 — MS Code / Title 47 / Chapter 3 / Section 5-351
Miss. Code Ann. § 47-5-351
Status: in_force

(1) It is the policy of the State of Mississippi that the Department of Corrections, to the extent practical, make maximum utilization of the farm lands of the various correctional institutions for the purpose of feeding inmates.

(2) It is the intent of the Legislature that the department grow, harvest and process those agricultural products that will directly assist in reducing the reliance of the department upon external sources of supply and that will facilitate the self-sufficiency of the inmates and the department.

(3) The Department of Corrections shall establish, implement and manage prison agricultural enterprises in a manner and form deemed appropriate to ensure a profitable farming operation and self-sufficiency in the feeding of the inmates.

(4) The Legislature finds that the mission of the prison agricultural enterprises is:

(a) To reduce the cost of state government by producing and processing food for use by inmates;

(b) To operate the program primarily with inmate labor;

(c) To serve the security goals of the department through the reduction of idleness of inmates;

(d) To produce and market agricultural products that will aid in maintaining a profitable agricultural operation to the extent possible.
Miss. Code Ann. § 47-7-35 — MS Code / Title 47 / Chapter 1 / Section 7-35
Miss. Code Ann. § 47-7-35
Status: in_force

(1) The courts referred to in Section 47-7-33 or 47-7-34 shall determine the terms and conditions of probation or post-release supervision and may alter or modify, at any time during the period of probation or post-release supervision, the conditions and may include among them the following or any other:

That the offender shall:

(a) Commit no offense against the laws of this or any other state of the United States, or of any federal, territorial or tribal jurisdiction of the United States;

(b) Avoid injurious or vicious habits;

(c) Avoid persons or places of disreputable or harmful character;

(d) Report to the probation and parole officer as directed;

(e) Permit the probation and parole officer to visit him at home or elsewhere;

(f) Work faithfully at suitable employment so far as possible;

(g) Remain within a specified area;

(h) Pay his fine in one (1) or several sums;

(i) Support his dependents;

(j) 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;

(k) Register as a sex offender if so required under Title 45, Chapter 33.

(2) When any court places a defendant on misdemeanor probation, the court must cause to be conducted a search of the probationer's name or other identifying information against the registration information regarding sex offenders maintained under Title 45, Chapter 33. The search may be conducted using the Internet site maintained by the Department of Public Safety Sex Offender Registry.
Miss. Code Ann. § 47-5-315 — MS Code / Title 47 / Chapter 4 / Section 5-315
Miss. Code Ann. § 47-5-315
Status: in_force

The articles or products manufactured or produced by penitentiary labor in accordance with the provisions of Sections 47-5-301 through 47-5-327 shall be devoted first, to fulfilling the requirements of the commissions, departments, institutions and agencies of this state which are supported in whole or in part by this state; and secondly, to supplying the political subdivisions of this state with such articles and products; and lastly to producing articles and products for sale to the public.
Miss. Code Ann. § 47-5-124 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-124 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-311 — MS Code / Title 47 / Chapter 5 / Section 5-311
Miss. Code Ann. § 47-5-311
Status: in_force

The State Department of Corrections shall cause to be prepared, at such times as it may determine, catalogues containing an accurate and complete description of all articles and products manufactured or produced by it pursuant to the provisions of Sections 47-5-301 through 47-5-327 . Copies of such catalogues shall be sent to all commissions, departments, institutions and agencies of this state and made accessible to all political subdivisions of this state referred to in the preceding sections.
Miss. Code Ann. § 47-5-713 — MS Code / Title 47 / Chapter 5 / Section 5-713
Miss. Code Ann. § 47-5-713
Status: in_force

Upon the declaration of a state of emergency, the parole eligibility dates of qualified inmates shall be conditionally advanced. The amount of advancement of parole eligibility dates must be specified in the declaration by the Governor. When the state of emergency has been terminated, the parole eligibility dates which were conditionally advanced shall be reset to the parole eligibility date set prior to the emergency for those inmates who were not released on parole under the provisions of Sections 47-5-701 through 47-5-729 .
Miss. Code Ann. § 47-7-13 — MS Code / Title 47 / Chapter 7 / Section 7-13
Miss. Code Ann. § 47-7-13
Status: in_force

A majority of the board shall constitute a quorum for the transaction of all business. A decision to parole an offender convicted of murder or a sex-related crime shall require the affirmative vote of three (3) members. The board shall maintain, in minute book form, a copy of each of its official actions with the reasons therefor. Suitable and sufficient office space and support resources and staff necessary to conducting Parole Board business shall be provided by the Department of Corrections. However, the principal place for conducting parole hearings shall be the state penitentiary at Parchman.
Miss. Code Ann. § 47-5-709 — MS Code / Title 47 / Chapter 4 / Section 5-709
Miss. Code Ann. § 47-5-709
Status: in_force

If the prison system population exceeds ninety-five percent (95%) of operating capacity for thirty (30) consecutive days, the State Parole Board shall meet to determine whether there has been full appropriate exercise of the powers of the State Parole Board which tend to reduce the prison system population. The State Parole Board shall report its findings to the Governor within ten (10) days after the thirtieth day of operating in excess of ninety-five percent (95%) of prison operating capacity. The report shall include the determination of the State Parole Board regarding its utilization of powers described in paragraph (c) of Section 47-5-705 .
Miss. Code Ann. § 47-5-103 — MS Code / Title 47 / Chapter 4 / 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. § 47-7-45 — MS Code / Title 47 / Chapter 5 / Section 7-45
Miss. Code Ann. § 47-7-45
Status: in_force

The provisions of this chapter shall not apply to probation under the Youth Court Law nor to parole from the Oakley Youth Development Center.
Miss. Code Ann. § 47-5-931 — MS Code / Title 47 / Chapter 5 / Section 5-931
Miss. Code Ann. § 47-5-931
Status: in_force

(1) The Department of Corrections, in its discretion, may contract with the board of supervisors of one or more counties or with a regional facility operated by one or more counties, to provide for housing, care and control of offenders who are in the custody of the State of Mississippi. Any facility owned or leased by a county or counties 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. If the Department of Corrections contracts with more than one (1) county to house state offenders in county correctional facilities, excluding a regional facility, then the first of such facilities shall be constructed in Sharkey County and the second of such facilities shall be constructed in Jefferson County.

(2) The Department of Corrections shall contract with the board of supervisors of the following counties to house state inmates in regional facilities: (a) Marion and Walthall Counties; (b) Carroll and Montgomery Counties; (c) Stone and Pearl River Counties; (d) Winston and Choctaw Counties; (e) Kemper and Neshoba Counties; (f) Alcorn County and any contiguous county in which there is located an unapproved jail; (g) Yazoo County and any contiguous county in which there is located an unapproved jail; (h) Chickasaw County and any contiguous county in which there is located an unapproved jail; (i) George and Greene Counties and any contiguous county in which there is located an unapproved jail; (j) Washington County and any contiguous county in which there is located an unapproved jail; (k) Hinds County and any contiguous county in which there is located an unapproved jail; (l) Leake County and any contiguous county in which there is located an unapproved jail; (m) Issaquena County and any contiguous county in which there is located an unapproved jail; (n) Jefferson County and any contiguous county in which there is located an unapproved jail; (o) Franklin County and any contiguous county in which there is located an unapproved jail; (p) Holmes County and any contiguous county in which there is located an unapproved jail; and (q) Bolivar County and any contiguous county in which there is located an unapproved jail. The Department of Corrections shall decide the order of priority of the counties listed in this subsection with which it will contract for the housing of state inmates. For the purposes of this subsection, the term “ unapproved jail ” means any jail that the local grand jury determines should be condemned or has found to be of substandard condition or in need of substantial repair or reconstruction.

(3) In addition to the offenders authorized to be housed under subsection (1) of this section, the Department of Corrections may contract with any regional facility to provide for housing, care and control of not more than seventy-five (75) additional offenders who are in the custody of the State of Mississippi.

(4) The Governor and the Commissioner of Corrections are authorized to increase administratively the number of offenders who are in the custody of the State of Mississippi that can be placed in regional correctional facilities.
Miss. Code Ann. § 47-5-8 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-311 — MS Code / Title 47 / Chapter 1 / Section 5-311
Miss. Code Ann. § 47-5-311
Status: in_force

The State Department of Corrections shall cause to be prepared, at such times as it may determine, catalogues containing an accurate and complete description of all articles and products manufactured or produced by it pursuant to the provisions of Sections 47-5-301 through 47-5-327 . Copies of such catalogues shall be sent to all commissions, departments, institutions and agencies of this state and made accessible to all political subdivisions of this state referred to in the preceding sections.
Miss. Code Ann. § 47-5-3 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-158 — MS Code / Title 47 / Chapter 3 / Section 5-158
Miss. Code Ann. § 47-5-158
Status: in_force

(1) The department is authorized to maintain a bank account which shall be designated as the Inmate Welfare Fund. All monies now held in a similar fund or in a bank account or accounts for the benefit and welfare of inmates shall be deposited into the Inmate Welfare Fund. This fund shall be used for the benefit and welfare of inmates in the custody of the department and shall be expended in accordance with any provisions or restrictions in the regulations promulgated under subsection (7) of this section.

(2) There shall be deposited into the Inmate Welfare Fund interest previously earned on inmate deposits, all net profits from the operation of inmate canteens, performances of the Penitentiary band, interest earned on the Inmate Welfare Fund and other revenues designated by the commissioner. All monies shall be deposited into the Inmate Welfare Fund as provided in Section 7-9-21 .

(3) All inmate telephone call commissions shall be paid to the department. Monies in the fund may be expended by the department, upon requisition by the commissioner or his designee, only for the purposes established in this subsection.

(a) Twenty-five percent (25%) of the inmate telephone call commissions shall be used to purchase and maintain telecommunication equipment to be used by the department.

(b) Until July 1, 2008, twenty-five percent (25%) of the inmate telephone call commissions shall be deposited into the Prison Agricultural Enterprise Fund. Beginning on July 1, 2008, thirty-five percent (35%) of the inmate telephone call commissions shall be deposited into the Prison Agricultural Enterprise Fund. The department may use these funds to supplement the Prison Agricultural Enterprise Fund created in Section 47-5-66 .

(c) Forty percent (40%) of the inmate telephone call commissions shall be deposited into the Inmate Welfare Fund.

(4) The commissioner may invest in the manner authorized by law any money in the Inmate Welfare Fund that is not necessary for immediate use, and the interest earned shall be deposited in the Inmate Welfare Fund.

(5) The Deputy Commissioner for Administration and Finance shall establish and implement internal accounting controls for the Inmate Welfare Fund that comply with generally accepted accounting principles and regulations of the Department of Finance and Administration. The Deputy Commissioner for Administration and Finance shall prepare and issue quarterly consolidated and individual facility financial statements to the prison auditor of the Joint Legislative Committee on Performance Evaluation and Expenditure Review. The deputy commissioner shall prepare an annual report which shall include a summary of expenditures from the fund by major categories and by individual facility. This annual report shall be sent to the prison auditor, the Legislative Budget Office, the Chairman of the Corrections Committee of the Senate, and the Chairman of the Corrections Committee of the House of Representatives.

(6)(a) A portion of the Inmate Welfare Fund shall be deposited in the Discharged Offenders Revolving Fund, as created under Section 47-5-155 , in amounts necessary to provide a balance not to exceed One Hundred Thousand Dollars ($100,000.00) in the Discharged Offenders Revolving Fund, and shall be used to supplement those amounts paid to discharged, paroled or pardoned offenders from the department. The superintendent of the Parchman facility shall establish equitable criteria for the making of supplemental payments which shall not exceed Two Hundred Dollars ($200.00) for any offender. The supplemental payments shall be subject to the approval of the commissioner. The State Treasurer shall not be required to replenish the Discharged Offenders Revolving Fund for the supplemental payments made to discharged, paroled or pardoned offenders.

(b) A portion of the Inmate Welfare Fund shall be deposited into the Inmate Incentive to Work Program Fund, as created under Section 47-5-371 , in amounts necessary to provide a balance not to exceed One Million Dollars ($1,000,000.00) in the fund. Such fund shall be utilized to pay inmates who are participants in the Inmate Incentive to Work Program as created under Section 47-5-371 .

(7)(a) The Inmate Welfare Fund Committee is hereby created and shall be composed of nine (9) members: The Deputy Commissioner for Community Corrections, the Deputy Commissioner of Institutions, the Superintendent of the Parchman facility, the Superintendent of the Rankin County facility, the Superintendent of the Greene County facility, the State Treasurer, the State Auditor, and two (2) members to be appointed by the Commissioner of Corrections, one (1) of whom must have a relative incarcerated by the department at the time of appointment and shall be a representative of inmate families. The commissioner shall appoint the chairman of the committee. The committee shall administer and supervise the operations and expenditures from the Inmate Welfare Fund and shall maintain an official minute book upon which shall be spread its authorization and approval for all such expenditures. The committee shall promulgate regulations governing the use and expenditures of the fund.

(b) Regulations adopted shall set out what types of items shall be allowable purchases, and in all cases, the minutes of the committee shall explain which regulation permits any purchase it approves. Additionally, regulations of the committee shall prescribe the number of members necessary to constitute a quorum, minimum attendance requirements for a member to retain a seat on the committee, and a mission statement for the committee.

(c) The committee shall conduct an annual needs assessment to determine what types of items should be purchased for the benefit of inmates. The needs assessments shall be conducted with the assistance of the department personnel, inmates and the families of inmates.

(d) The committee shall evaluate the proposals of interested third parties for the administration of inmate canteen services as provided in Section 47-5-109.1 .

(e) The committee shall expend necessary funds to assist parole eligible inmates who have been diagnosed with a mental illness while housed within a state correctional facility so that such inmates may receive outpatient services and community-based services to treat the mental illness of such inmates.

(8) The Department of Audit shall conduct an annual comprehensive special audit of the committee's use of the Inmate Welfare Fund. The department shall incorporate in its special audit report any recommendations it has concerning the financial and management control practices of the committee. The department shall report its findings and recommendations to the Chairmen of the Senate and House Corrections Committees.
Miss. Code Ann. § 47-7-1 — MS Code / Title 47 / Chapter 4 / 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. § 47-5-1501 — MS Code / Title 47 / Chapter 1 / Section 5-1501
Miss. Code Ann. § 47-5-1501
Status: in_force

Sections 47-5-1501 through 47-5-1517 may be cited as the “Dignity for Incarcerated Women Act.”
Miss. Code Ann. § 47-7-18 — MS Code / Title 47 / Chapter 7 / Section 7-18
Miss. Code Ann. § 47-7-18
Status: in_force

(1) No inmate convicted of a sex offense as defined by Section 45-33-23(h) , a crime of violence as defined by Section 97-3-2 , or both, nor an inmate who is eligible for geriatric parole shall be released on parole without a hearing before the Parole Board as required by Section 47-7-17 . All other inmates eligible for parole pursuant to Section 47-7-3 shall be released from incarceration to parole supervision on the inmate's parole eligibility date, without a hearing before the board, if:

(a) The inmate has met the requirements of the parole case plan established pursuant to Section 47-7-3.1 ;

(b) A victim of the offense has not requested the board conduct a hearing;

(c) The inmate has not received a serious or major violation report within the past six (6) months;

(d) The inmate has agreed to the conditions of supervision; and

(e) The inmate has a discharge plan approved by the board.

(2) At least thirty (30) days prior to an inmate's parole eligibility date, the department shall notify the board in writing of the inmate's compliance or noncompliance with the case plan. If an inmate fails to meet a requirement of the case plan, prior to the parole eligibility date, he or she shall have a hearing before the board to determine if completion of the case plan can occur while in the community.

(3) Any inmate for whom there is insufficient information for the department to determine compliance with the case plan shall have a hearing with the board.

(4) A hearing shall be held with the board if requested by the victim following notification of the inmate's parole release date pursuant to Section 47-7-17 .

(5) A hearing shall be held by the board if a law enforcement official from the community to which the inmate will return contacts the board or the department and requests a hearing to consider information relevant to public safety risks posed by the inmate if paroled at the initial parole eligibility date. The law enforcement official shall submit an explanation documenting these concerns for the board to consider.

(6) If a parole hearing is held, the board may determine the inmate has sufficiently complied with the case plan or that the incomplete case plan is not the fault of the inmate and that granting parole is not incompatible with public safety, the board may then parole the inmate with appropriate conditions. If the board determines that the inmate has sufficiently complied with the case plan but the discharge plan indicates that the inmate does not have appropriate housing immediately upon release, the board may parole the inmate to a transitional reentry center with the condition that the inmate spends no more than six (6) months in the center. If the board determines that the inmate has not substantively complied with the requirement(s) of the case plan it may deny parole. If the board denies parole, the board may schedule a subsequent parole hearing and, if a new date is scheduled, the board shall identify the corrective action the inmate will need to take in order to be granted parole. Any inmate not released at the time of the inmate's initial parole date shall have a parole hearing at least every year.
Miss. Code Ann. § 47-5-108 — MS Code / Title 47 / Chapter 4 / Section 5-108
Miss. Code Ann. § 47-5-108
Status: in_force

The Mississippi Department of Corrections is hereby authorized to provide self-sustaining facilities for the preparation and serving of food for employees and visitors of the Mississippi State Penitentiary, the Central Mississippi Correctional Facility, and the South Mississippi Correctional Institution. The commissioner shall promulgate policies and procedures for the operation of such facilities. In addition, the funds derived from these operations shall remain in separate accounts, hereafter known as the “Employee Cafeteria Funds.” The profits, if any, shall be distributed at the direction of the Commissioner of Corrections.
Miss. Code Ann. § 47-1-61 — MS Code / Title 47 / Chapter 1 / Section 1-61
Miss. Code Ann. § 47-1-61
Status: in_force

Any sheriff or other person having lawful custody of any convict who shall fail to discharge such convict when he shall have served the full time of his sentence and fully paid his fine and the costs charged against him, shall be guilty of a misdemeanor and punished accordingly.
Miss. Code Ann. § 47-5-99 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-26 — MS Code / Title 47 / Chapter 1 / Section 5-26
Miss. Code Ann. § 47-5-26
Status: in_force

(1) The commissioner shall employ the following personnel:

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

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

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

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

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

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

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

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

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

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

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

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

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

(5) For a one-year period beginning July 1, 2016, any person authorized for employment under this section shall not be subject to the rules, regulations and procedures of the State Personnel Board, except as otherwise provided under Section 25-9-127(5) .
Miss. Code Ann. § 47-5-1229 — MS Code / Title 47 / Chapter 5 / Section 5-1229
Miss. Code Ann. § 47-5-1229
Status: in_force

There is hereby created a special fund to be designated as the “Correctional Facilities Emergency Construction Fund.” Any monies as may be appropriated by the Legislature shall be deposited into the fund. The expenditure of monies out of the fund shall be under the direction of the State Prison Emergency Construction and Management Board as spread on its minutes and such funds shall be paid by the State Treasurer upon warrants issued by the Executive Director of the Department of Finance and Administration.
Miss. Code Ann. § 47-5-1101 — MS Code / Title 47 / Chapter 1 / Section 5-1101
Miss. Code Ann. § 47-5-1101
Status: in_force

Sections 47-5-1101 through 47-5-1123 shall be cited as the “Special Needs Prison Program of 1994.”
Miss. Code Ann. § 47-5-192 — MS Code / Title 47 / Chapter 3 / Section 5-192
Miss. Code Ann. § 47-5-192
Status: in_force

(1) The Commissioner of Corrections may prohibit the possession by employees or officers of the Department of Corrections or any person allowed upon the premises of a correctional facility under his jurisdiction of any item, the possession of which by offenders is prohibited or regulated.

(2) The commissioner may distinguish between classes of employees and visitors and may establish zones or designate areas or facilities where such regulations apply in his discretion and as necessary for security and orderly operation of prison facilities.

(3) The commissioner shall promulgate rules authorized by this section in accordance with the Mississippi Administrative Procedures Act.

(4) Any person who violates a duly enacted rule authorized by this section shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than one (1) year or by a fine of not more than One Thousand Dollars ($1,000.00), or both.
Miss. Code Ann. § 47-5-140 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-129 — MS Code / Title 47 / Chapter 5 / Section 5-129
Miss. Code Ann. § 47-5-129
Status: in_force

Sunflower County shall have the use of not over thirty-five (35) offenders six (6) workdays of each week for the purpose of working the roads of Sunflower County. The board of supervisors of Sunflower County shall lay out and designate the roads to be worked by the offenders, and the board of supervisors shall furnish transportation to and from the Parchman facility for the offenders. The supervision and handling of offenders while working on the roads shall be under the road sergeant, it being understood that all offenders so worked on the road shall be returned to the Parchman facility at night.
Miss. Code Ann. § 47-5-95 — MS Code / Title 47 / Chapter 5 / Section 5-95
Miss. Code Ann. § 47-5-95
Status: in_force

The members of the executive department, except the Governor and Lieutenant Governor, and judicial departments of the state and members of the Legislature, shall with advance notice to the commissioner be admitted into the correctional system or any facility thereof, and other places where offenders are kept and worked, at all proper hours, for the purpose of observing the conduct thereof, and may hold conversations with the offenders apart from all correctional system officials. Other persons may visit a correctional system facility under such rules and regulations as may be established by the commissioner who shall be liable to the state on his bond for negligence in security and in an amount to be determined by the courts.
Miss. Code Ann. § 47-1-19 — MS Code / Title 47 / Chapter 1 / Section 1-19
Miss. Code Ann. § 47-1-19
Status: in_force

(1) It is unlawful for any county-housed state inmate or county prisoner or prisoners to be leased or hired to any individual or corporation for any purpose whatsoever. Nor shall they be worked under any contractor; but in working them on county farms, or on the public roads or on any other work, which work must be of an exclusively public character, they shall be under exclusive official control and management.

(2)(a) It is lawful for a state, county or municipality to provide prisoners for public service work for nonprofit charitable organizations as defined under Section 501(c)(3) of the Internal Revenue Code if that nonprofit charitable organization provides food to charities. In addition, it is lawful for a state, county or municipality to provide prisoners for public service work for churches according to criteria approved by the Department of Corrections.

(b) The prisoners participating in the public service work under paragraph (a) shall remain under the exclusive control and management of the county or municipality.

(c) A prisoner performing public service work under this subsection shall be entitled to earned credits as provided under this chapter.
Miss. Code Ann. § 47-7-41 — MS Code / Title 47 / Chapter 7 / Section 7-41
Miss. Code Ann. § 47-7-41
Status: in_force

When a probationer shall be discharged from probation by the court of original jurisdiction, the field supervisor, upon receiving a written request from the probationer, shall forward a written report of the record of the probationer to the Division of Community Corrections of the department, which shall present a copy of this report to the Governor. The Governor may, in his discretion, at any time thereafter by appropriate executive order restore any civil rights lost by the probationer by virtue of his conviction or plea of guilty in the court of original jurisdiction.
Miss. Code Ann. § 47-1-47 — MS Code / Title 47 / Chapter 1 / Section 1-47
Miss. Code Ann. § 47-1-47
Status: in_force

(1) Every county or municipal convict shall be comfortably clothed at the expense of the county or municipality, but all clothing furnished shall remain the property of the county or municipality, and shall be thoroughly fumigated and disinfected before being allotted to a convict after having been used by another, and every convict shall be sufficiently fed, to maintain his body and induce his good health, with substantial and suitable food to be furnished and prepared and paid for by the county or municipality. Every convict, for each day's work he is required to do, shall receive credit on his fine and costs assessed against him at the rate provided under Section 99-19-20 , until such fine and costs are fully paid. In case the convict is serving a sentence of imprisonment, each day that he works in serving such sentence shall entitle him credit for equal time on his sentence of imprisonment, but in no instance shall a convict receive credit on the fine and costs and on the time sentenced to imprisonment for the same work. No convict shall be allowed to labor more than eight (8) hours per day, but shall be required, when able, to perform eight (8) hours labor each day.

(2) If a convict is unable to work or if the county or the municipality is unable to provide work for the convict, the convict shall receive the credit provided in Section 99-19-20 for each day of imprisonment.
Miss. Code Ann. § 47-5-565 — MS Code / Title 47 / Chapter 3 / Section 5-565
Miss. Code Ann. § 47-5-565
Status: in_force

To carry out the provisions of Sections 47-5-531 through 47-5-575 , the provisions of Sections 47-5-301 et seq., and 47-5-501 et seq., Mississippi Code of 1972 , the corporation shall authorize the transfer and expending of monies from the Prison Industries Fund.
Miss. Code Ann. § 47-5-139 — MS Code / Title 47 / Chapter 5 / Section 5-139
Miss. Code Ann. § 47-5-139
Status: in_force

(1) An inmate shall not be eligible for the earned time allowance if:

(a) The inmate was sentenced to life imprisonment; but an inmate, except an inmate sentenced to life imprisonment for capital murder, who has reached the age of sixty-five (65) or older and who has served at least fifteen (15) years may petition the sentencing court for conditional release;

(b) The inmate was convicted as a habitual offender under Sections 99-19-81 through 99-19-87 ;

(c) The inmate has forfeited his earned time allowance by order of the commissioner;

(d) The inmate was convicted of a sex crime; or

(e) The inmate has not served the mandatory time required for parole eligibility for a conviction of robbery or attempted robbery with a deadly weapon.

(2) An offender under two (2) or more consecutive sentences shall be allowed commutation based upon the total term of the sentences.

(3) All earned time shall be forfeited by the inmate in the event of escape and/or aiding and abetting an escape. The commissioner may restore all or part of the earned time if the escapee returns to the institution voluntarily, without expense to the state, and without act of violence while a fugitive from the facility.

(4) Any officer or employee who shall willfully violate the provisions of this section and be convicted therefor shall be removed from office or employment.
Miss. Code Ann. § 47-5-30 — MS Code / Title 47 / Chapter 3 / Section 5-30
Miss. Code Ann. § 47-5-30
Status: in_force

(1) The Commissioner of Corrections shall develop a strategic plan for its operation of the state correctional system. The strategic plan shall cover a five-year period. The plan shall include, at a minimum, the following:

(a) A clearly defined comprehensive statement of the mission, goals and objectives of the agency;

(b) Performance effectiveness objectives for each facility under the jurisdiction of the department;

(c) A description of the department's internal management system used to evaluate its performance in relation to projected levels;

(d) Detailed plans and strategies for meeting current and future needs and achieving goals and objectives established for the state correctional system;

(e) A detailed analysis of the use of current agency resources in meeting current needs and expected future needs, and additional resources that may be necessary to meet future needs;

(f) An analysis of factors affecting projected prison populations including impact of juveniles on prison populations and how populations are expected to change within the period of the plan;

(g) A plan to remove inmates from county jails.

(2) The department shall revise the plan annually.

(3) Upon completion of the initial plan and each revision, the department shall provide copies to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chairman of the Senate Corrections Committee, the Chairman of the House Penitentiary Committee, the Legislative Budget Office, the Performance Evaluation and Expenditure Review Committee, the Executive Director of the Department of Finance and Administration and the Legislative Reference Bureau.

(4) The commissioner shall develop the strategic plan before September 23, 1994.
Miss. Code Ann. § 47-5-30 — MS Code / Title 47 / Chapter 4 / Section 5-30
Miss. Code Ann. § 47-5-30
Status: in_force

(1) The Commissioner of Corrections shall develop a strategic plan for its operation of the state correctional system. The strategic plan shall cover a five-year period. The plan shall include, at a minimum, the following:

(a) A clearly defined comprehensive statement of the mission, goals and objectives of the agency;

(b) Performance effectiveness objectives for each facility under the jurisdiction of the department;

(c) A description of the department's internal management system used to evaluate its performance in relation to projected levels;

(d) Detailed plans and strategies for meeting current and future needs and achieving goals and objectives established for the state correctional system;

(e) A detailed analysis of the use of current agency resources in meeting current needs and expected future needs, and additional resources that may be necessary to meet future needs;

(f) An analysis of factors affecting projected prison populations including impact of juveniles on prison populations and how populations are expected to change within the period of the plan;

(g) A plan to remove inmates from county jails.

(2) The department shall revise the plan annually.

(3) Upon completion of the initial plan and each revision, the department shall provide copies to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chairman of the Senate Corrections Committee, the Chairman of the House Penitentiary Committee, the Legislative Budget Office, the Performance Evaluation and Expenditure Review Committee, the Executive Director of the Department of Finance and Administration and the Legislative Reference Bureau.

(4) The commissioner shall develop the strategic plan before September 23, 1994.
Miss. Code Ann. § 47-5-1205 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-23 — MS Code / Title 47 / Chapter 4 / Section 5-23
Miss. Code Ann. § 47-5-23
Status: in_force

The department shall be vested with the exclusive responsibility for management and control of the correctional system, and all properties belonging thereto, subject only to the limitations of this chapter, and shall be responsible for the management of affairs of the correctional system and for the proper care, treatment, feeding, clothing and management of the offenders confined therein. The commissioner shall have final authority to employ and discharge all employees of the correctional system, except as otherwise provided by law.
Miss. Code Ann. § 47-7-15 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-905 — MS Code / Title 47 / Chapter 5 / Section 5-905
Miss. Code Ann. § 47-5-905
Status: in_force

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

(2) The Department of Corrections shall develop a plan for the processing and classification of inmates in county jails and shall implement the plan by January 1, 1993.
Miss. Code Ann. § 47-5-571 — MS Code / Title 47 / Chapter 3 / Section 5-571
Miss. Code Ann. § 47-5-571
Status: in_force

Except as otherwise specifically provided by law, no goods, wares, services or merchandise manufactured, mined or offered in whole or in part by prisoners shall be sold or offered by any person or other authority except by the corporation, as authorized by Sections 47-5-531 through 47-5-575 .
Miss. Code Ann. § 47-5-411 — MS Code / Title 47 / Chapter 4 / Section 5-411
Miss. Code Ann. § 47-5-411
Status: in_force

The Department of Corrections and the county shall endeavor to secure public service work for eligible inmates under Sections 47-5-401 through 47-5-421 , 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 of Corrections or the county.
Miss. Code Ann. § 47-7-38.1 — MS Code / Title 47 / Chapter 4 / 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. § 47-5-175 — MS Code / Title 47 / Chapter 4 / Section 5-175
Miss. Code Ann. § 47-5-175
Status: in_force

The Commissioner of Corrections, with the concurrence of the Governor, is hereby authorized to enter into agreements with appropriate federal agencies to provide housing and incarceration of persons convicted by the courts of Mississippi and sentenced to the Mississippi Department of Corrections by such courts under such terms and conditions as may be prescribed if a determination is made that the best interest of the State of Mississippi would be served by making such transfer.
Miss. Code Ann. § 47-5-1513 — MS Code / Title 47 / Chapter 3 / Section 5-1513
Miss. Code Ann. § 47-5-1513
Status: in_force

(1) To the greatest extent practicable, and consistent with safety and order, the Commissioner of the Department of Corrections shall issue regulations that limit inspections by male correctional officers where a female inmate is in a state of undress.

Nothing in this section shall limit the ability of a male correctional officer from conducting inspections where a female may be in a state of undress if no female correctional officers are available.

(2) In such case that a male correctional officer deems it is appropriate to conduct an inspection or search while the female inmate is in a clear state of undress in an area such as the shower, the medical examination room, toilet areas or where a female inmate is having a body cavity search, the male correctional officer shall submit a written report to the warden of the facility within seventy-two (72) hours following the inspection or search, containing the justification for a male correctional officer to inspect the female inmate while in a state of undress.
Miss. Code Ann. § 47-7-6 — MS Code / Title 47 / Chapter 3 / Section 7-6
Miss. Code Ann. § 47-7-6
Status: in_force

(1) The Parole Board, with the assistance of the Department of Corrections, shall collect the following information:

(a) The number of offenders supervised on parole;

(b) The number of offenders released on parole;

(c) The number of parole hearings held;

(d) The parole grant rate for parolees released with and without a hearing;

(e) The average length of time offenders spend on parole;

(f) The number and percentage of parolees revoked for a technical violation and returned for a term of imprisonment in a technical violation center;

(g) The number and percentage of parolees revoked for a technical violation and returned for a term of imprisonment in another type of Department of Corrections' facility;

(h) The number and percentage of parolees who are convicted of a new offense and returned for a term of imprisonment on their current crime as well as the new crime;

(i) The number of parolees held on a violation in county jail awaiting a revocation hearing; and

(j) The average length of stay in a county jail for parolees awaiting a revocation hearing.

(2) The Parole Board shall semiannually report information required in subsection (1) to the Oversight Task Force, and upon request, shall report such information to the PEER Committee.
Miss. Code Ann. § 47-5-555 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-181 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-453 — MS Code / Title 47 / Chapter 4 / Section 5-453
Miss. Code Ann. § 47-5-453
Status: in_force

Each county board of supervisors electing to establish a work program under Sections 47-5-451 through 47-5-469 shall adopt regulations and policies as authorized by the Department of Corrections for joint state-county work programs, including extending the limits of the place of confinement of an eligible inmate as to whom there is reasonable cause to believe he will know his trust. Extending the limits of the place of confinement may include confinement at the residence of the subject inmate wherein the primary maintenance and care of the inmate shall take place, subject to approval by the department and county.

Violations by inmates participating in such programs of any such rules, regulations or policies shall result in the ineligibility of the inmates to participate in such programs, and shall result in the inmate's immediate incarceration.
Miss. Code Ann. § 47-5-1003 — MS Code / Title 47 / Chapter 3 / Section 5-1003
Miss. Code Ann. § 47-5-1003
Status: in_force

(1) An intensive supervision program may be used as an alternative to incarceration for offenders who are not convicted of a crime of violence pursuant to Section 97-3-2 as selected by the court and for juvenile offenders as provided in Section 43-21-605 . Any offender convicted of a sex crime shall not be placed in the program.

(2) The court may place the defendant on intensive supervision, except when a death sentence or life imprisonment is the maximum penalty which may be imposed by a court or judge.

(3) To protect and to ensure the safety of the state's citizens, any offender who violates an order or condition of the intensive supervision program may be arrested by the correctional field officer and placed in the actual custody of the Department of Corrections. Such offender is under the full and complete jurisdiction of the department and subject to removal from the program by the classification hearing officer.

(4) When any circuit or county court places an offender in an intensive supervision program, the court shall give notice to the Mississippi Department of Corrections within fifteen (15) days of the court's decision to place the offender in an intensive supervision program. 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 in an intensive supervision program.

The courts may not require an offender to participate in the intensive supervision program during a term of probation or post-release supervision.

(5) The Department of Corrections shall provide to the Oversight Task Force all relevant data regarding the offenders participating in the intensive supervision program including the number of offenders admitted to the program annually, the number of offenders who leave the program annually and why they leave, the number of offenders who are arrested or convicted annually and the circumstances of the arrest and any other information requested.
Miss. Code Ann. § 47-5-907 — MS Code / Title 47 / Chapter 3 / Section 5-907
Miss. Code Ann. § 47-5-907
Status: in_force

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

Just cause is established if such sheriff can sufficiently prove that such inmate has a dangerous behavior or sufficiently prove that there is no available or suitable medical facility where such inmate can be provided suitable medical services. The commissioner shall respond in writing to the petition no later than thirty (30) days after the receipt of such petition. If the petition to remove such inmate is denied by the commissioner, such sheriff and his agents shall have from the date of denial absolute immunity from liability for any injury resulting from subsequent behavior or from medical consequences regarding such inmate, provided that such injury resulted from conditions which were set forth in such petition.
Miss. Code Ann. § 47-5-353 — MS Code / Title 47 / Chapter 1 / Section 5-353
Miss. Code Ann. § 47-5-353
Status: in_force

For the purpose of Sections 47-5-351 through 47-5-357 , the following terms shall have the following meanings unless the context shall provide otherwise:

(a) “ Agricultural commodities ” means crops, vegetables, fruits, livestock, domesticated fish, fowl, seafood, animal husbandry, wood and the various processes that any of these commodities may go through subsequent to their removal from the soil or water.

(b) “ Commissioner ” means the Commissioner of Corrections;

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

(d) “ Director ” means the director of the prison agricultural enterprises;

(e) “ Prison agricultural enterprises ” means any program operated by the Department of Corrections including, but not limited to, the growing, harvesting, processing and marketing of crops, vegetables, fruits, livestock, domesticated fish, fowl and any product of agriculture, animal husbandry or aquaculture that may be used for the feeding of prisoners for the general welfare of the prisoners or profitably grown on department lands. This term includes any proper method of canning, freezing or preserving such products;

(f) “ Products ” means any item produced by prison agricultural enterprises.
Miss. Code Ann. § 47-5-1219 — MS Code / Title 47 / Chapter 3 / Section 5-1219
Miss. Code Ann. § 47-5-1219
Status: in_force

A contract for correctional services shall not be entered into unless the following requirements are met:

(a) In addition to fire and casualty insurance, the contractor provides at least Ten Million Dollars ($10,000,000.00) of liability insurance, specifically including insurance for civil rights claims. The liability insurance shall be issued by an insurance company with a rating of at least an A- according to A.M. Best standards. In determining the adequacy of such insurance, the Department of Finance and Administration shall determine whether:

(i) The insurance is adequate to protect the state from any and all actions by a third party against the contractor or the state as a result of the contract;

(ii) The insurance is adequate to protect the state against any and all claims arising as a result of any occurrence during the term of the contract;

(iii) The insurance is adequate to assure the contractor's ability to fulfill its contract with the state in all respects, and to assure that the contractor is not limited in this ability because of financial liability which results from judgments; and

(iv) The insurance is adequate to satisfy such other requirements specified by the independent risk management/actuarial firm.

(b) The sovereign immunity of the state shall not apply to the contractor. Neither the contractor nor the insurer of the contractor may plead the defense of sovereign immunity in any action arising out of the performance of the contract.

(c) The contractor shall post a performance bond to assure the contractor's faithful performance of the specifications and conditions of the contract. The bond is required throughout the term of the contract. The terms and conditions must be approved by the Department of Corrections and the Department of Finance and Administration and such approval is a condition precedent to the contract taking effect.

(d) The contractor shall defend any suit or claim brought against the State of Mississippi arising out of any act or omission in the operation of a private facility, and shall hold the State of Mississippi harmless from such claim or suit. The contractor shall be solely responsible for the payment of any legal or other costs relative to any such claim or suit. The contractor shall reimburse the State of Mississippi for any costs that it may incur as a result of such claim or suit immediately upon being submitted a statement therefor by the Attorney General.

The duties and obligations of the contractor pursuant to this subsection shall include, but not be limited to, any claim or suit brought under any federal or state civil rights or prisoners rights statutes or pursuant to any such rights recognized by common law or case law, or federal or state constitutions.

Any suit brought or claim made arising out of any act or omission in the operation of a private facility shall be made or brought against the contractor and not the State of Mississippi.

The Attorney General retains all rights and emoluments of his office which include direction and control over any litigation or claim involving the State of Mississippi.
Miss. Code Ann. § 47-5-717 — MS Code / Title 47 / Chapter 1 / Section 5-717
Miss. Code Ann. § 47-5-717
Status: in_force

If sixty (60) days after the declaration of a prison system overcrowding state of emergency or of an additional advancement of the parole eligibility dates the prison system population continues to be in excess of ninety-five percent (95%) of operating capacity, the Commissioner of Corrections shall report to the Governor indicating whether an additional advancement of the parole eligibility dates is necessary in order to reduce the prison system population to ninety-five percent (95%) of operating capacity and indicating the amount of any recommended additional advancement of the parole eligibility dates. The recommended amount must be no less than thirty (30) days nor more than ninety (90) days. The report shall include those factors which would tend to indicate that the prison system population is likely to increase above operating capacity within ninety (90) days. The report shall discuss the availability of field supervisors, the currently existing supervision case loads, and the measures that could be taken and the resources that would be needed to provide appropriate supervision of persons released early as a result of an additional advancement of the parole eligibility dates.
Miss. Code Ann. § 47-5-563 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-803 — MS Code / Title 47 / Chapter 5 / 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. § 47-7-11 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-407 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-1107 — MS Code / Title 47 / Chapter 3 / 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. § 47-7-73 — MS Code / Title 47 / Chapter 7 / Section 7-73
Miss. Code Ann. § 47-7-73
Status: in_force

The Department of Corrections shall notify the sheriff of the county and the police chief of each municipality in the county when a person is placed on probation or released on parole to reside in the county under the Uniform Act for Out-of-state Parolee Supervision.
Miss. Code Ann. § 47-5-110.1 — MS Code / Title 47 / Chapter 3 / Section 5-110.1
Miss. Code Ann. § 47-5-110.1
Status: in_force

Whenever an offender in the custody of the Department of Corrections is transferred, upon request, from one (1) facility to another, the offender must pay to the department an amount equal to Forty Cents ($.40) per mile for each mile traveled from the transferor facility to the transferee facility or Twenty-five Dollars ($25.00), whichever is greater, to cover the costs of the transfer. An offender may not be required to pay for the costs of any transfer that is initiated by the Department of Corrections.
Miss. Code Ann. § 47-5-70 — MS Code / Title 47 / Chapter 4 / 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. § 47-5-452 — MS Code / Title 47 / Chapter 1 / Section 5-452
Miss. Code Ann. § 47-5-452
Status: in_force

Upon written request by a majority of the board of supervisors of any county, the Commissioner of Corrections may authorize offenders committed to the custody of the Department of Corrections to clean abandoned or neglected cemeteries of the county or clean public roads of the county. The offenders shall be under the supervision of the department and the department shall establish all proper regulations for the working, guarding, safekeeping, clothing, housing and subsistence of offenders while working.
Miss. Code Ann. § 47-7-38.1 — MS Code / Title 47 / Chapter 3 / 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. § 47-7-25 — MS Code / Title 47 / Chapter 4 / 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. § 47-5-120 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-561 — MS Code / Title 47 / Chapter 4 / Section 5-561
Miss. Code Ann. § 47-5-561
Status: in_force

(1) In addition to its other powers, the corporation shall have the power to request, through the department, an appropriation of general revenue funds for the purposes of operation of, addition to or renovation of facilities or correctional work programs at the various correctional institutions; however, upon receipt of such appropriation, the rental paid by the corporation for the operation of or such new remodeled or renovated facilities or the operation of a correctional work program shall be sufficient to amortize its cost over a period of five (5) years.

(2) The corporation shall maintain those prison industries funds in excess of that amount necessary for sustaining quarterly or monthly operations of the corporation in an interest-bearing account best serving the proper management of corporation funds and earning the maximum amount of interest allowed by law. The corporation shall cause monies from the interest-bearing account to be deposited quarterly or monthly into the corporation's checking account in order to pay the legal debts of the corporation, approved for payment by the corporation.
Miss. Code Ann. § 47-5-557 — MS Code / Title 47 / Chapter 1 / Section 5-557
Miss. Code Ann. § 47-5-557
Status: in_force

Any inmate who performs work for the corporation, except those inmates employed by the corporation in the Prison Industry Enhancement Program under Section 47-5-1251 , shall not be deemed an agent, employee or involuntary servant of the corporation while performing such work or while going to and from work or other specified areas.
Miss. Code Ann. § 47-7-85 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-43 — MS Code / Title 47 / Chapter 5 / Section 5-43
Miss. Code Ann. § 47-5-43
Status: in_force

The commissioner shall purchase workers' compensation insurance with coverage for all personnel employed by the department as authorized by law, and all personnel shall be entitled to the benefits prescribed by the operation of law, Sections 71-3-1 through 71-3-111 , as the same is now or may hereafter be amended, cited as the “Workers' Compensation Law.”
Miss. Code Ann. § 47-5-539 — MS Code / Title 47 / Chapter 1 / Section 5-539
Miss. Code Ann. § 47-5-539
Status: in_force

For the purposes of Sections 47-5-531 through 47-5-575 , the following terms shall have the following meaning unless the context shall provide otherwise:

(a) “ Chief executive officer ” means the chief executive officer of the corporation established under this chapter.

(b) “ Corporation ” means the private nonprofit corporation which is required to be organized and formed to carry out the provisions of Sections 47-5-531 through 47-5-575 regarding prison industries.

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

(d) “ Inmate ” means any person under the jurisdiction of the Mississippi Department of Corrections who is incarcerated within any of the following state, regional or private correctional facilities:

(i) Central Mississippi Correctional Facility;

(ii) Marshall County Correctional Facility;

(iii) Mississippi State Penitentiary;

(iv) Delta Correctional Facility;

(v) Mississippi Correctional Institute for Women;

(vi) South Mississippi Correctional Institution;

(vii) Walnut Grove Correctional Facility;

(viii) Alcorn County Regional Correctional Facility;

(ix) Carroll/Montgomery County Regional Correctional Facility;

(x) George/Greene County Correctional Facility;

(xi) Bolivar County Correctional Facility;

(xii) Chickasaw County Regional Correctional Facility;

(xiii) Holmes/Humphreys County Correctional Facility;

(xiv) Issaquena County Correctional Facility;

(xv) Kemper/Neshoba County Regional Correctional Facility;

(xvi) Jefferson/Franklin County Correctional Facility;

(xvii) Leake County Correctional Facility;

(xviii) Marion/Walthall County Correctional Facility;

(xix) Washington County Regional Correctional Facility;

(xx) Yazoo Regional Correctional Facility;

(xxi) Stone County Correctional Facility;

(xxii) Winston/Choctaw County Correctional Facility;

(xxiii) East Mississippi Correctional Facility; and

(xxiv) Wilkinson County Correctional Facility.

(e) “ Prison industry program ” means any program which is considered to be a part of any prison industry in this state.

(f) “Prison agricultural enterprises” means all agricultural endeavors as defined in Section 47-5-353 .

(g) “ Work initiative ” or “ initiative ” means the program authorized in Section 47-5-579 .
Miss. Code Ann. § 47-5-603 — MS Code / Title 47 / Chapter 1 / Section 5-603
Miss. Code Ann. § 47-5-603
Status: in_force

Any offender on probation or released from a facility of the Department of Corrections on parole or earned probation who remains under the supervision of the Department of Corrections or any offender who is incarcerated in a state correctional facility may be required to participate in the Mississippi Department of Corrections drug identification program. Participation by an offender would consist of submission by the offender, from time to time and upon the request of a parole or probation supervisor, or authorized personnel of the department 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. § 47-5-935 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-1301 — MS Code / Title 47 / Chapter 5 / Section 5-1301
Miss. Code Ann. § 47-5-1301
Status: in_force

Notwithstanding any other provisions of law to the contrary, as a supplementary method for granting concurrent jurisdiction to the United States, the Governor of the State of Mississippi may grant to the United States full civil and criminal jurisdiction concurrent with the State of Mississippi over any correctional facility and the grounds of the facility in which are housed or located inmates committed to the custody of the United States or over any correctional facility and the grounds of the facility which are owned by a private entity that has entered into a contract for the confinement of inmates committed to the custody of the United States.
Miss. Code Ann. § 47-5-1 — MS Code / Title 47 / Chapter 4 / Section 5-1
Miss. Code Ann. § 47-5-1
Status: in_force

It shall be the policy of this state, in the operation and management of the correctional system, to so manage and conduct the same in that manner as will be consistent with the operation of a modern correctional system and with the view of making the system self-sustaining. Those convicted of violating the law and sentenced to a term in the state correctional system shall have humane treatment, and be given opportunity, encouragement and training in the manner of reformation.

It shall be the policy of this state that the correctional system shall be operated and managed in the most efficient and economical manner possible. The Mississippi Department of Corrections shall so manage and operate the correctional system in that manner in order to make the system self-sustaining and to conserve state general fund revenues. The Mississippi Department of Corrections shall provide leadership to bring about the earliest possible construction of satisfactory prison inmate facilities, and shall utilize existing state resources, including inmates for prison construction labor, when and wherever practicable, in order to minimize the need for state general funds for prison construction.

It shall be the policy of this state that periodic independent internal investigations of the department shall be conducted to ensure the implementation of state correctional policies.
Miss. Code Ann. § 47-5-157 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-8 — MS Code / Title 47 / Chapter 1 / 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.