Miss. Code Ann. § 47-5-31 — MS Code / Title 47 / Chapter 3 / Section 5-31
Miss. Code Ann. § 47-5-31
Status: in_force

The commissioner shall monthly make to the Governor and to the State Fiscal Management Board and to the Chairmen of the Corrections Committee of the Senate and Penitentiary Committee of the House of Representatives full and complete reports of the fiscal affairs of such correctional system and of the general conditions with relation thereto. Not more than thirty (30) days after the end of each fiscal year said commissioner shall give a full and complete inventory of all property of every description belonging to the correctional system, and there shall be set opposite each item the book value of same. Such inventory shall further include a statement of the fiscal affairs of such system as of the last day of the fiscal year; and a sufficient number of copies of such inventory and report shall be printed to give general publicity thereto.
Miss. Code Ann. § 47-5-353 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-129 — MS Code / Title 47 / Chapter 4 / 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. § 47-5-4 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-1013 — MS Code / Title 47 / Chapter 4 / 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. § 47-5-1117 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-1401 — MS Code / Title 47 / Chapter 4 / Section 5-1401
Miss. Code Ann. § 47-5-1401
Status: in_force

(1) The Mississippi Department of Corrections shall establish a Youthful Offender Unit (“YOU”) at the Central Mississippi Correctional Facility. All youth ages seventeen (17) years of age and under and who are assigned to a Mississippi Department of Corrections prison shall be housed in the YOU, except that nothing in this section shall prohibit the department from housing a youth who is seventeen (17) years of age and under in a community work center or other environments that are less restrictive than a Mississippi Department of Corrections prison.

(2) Youth ages seventeen (17) and under as prescribed in this section shall be housed in the YOU, separate from adult inmates. No individual who is over the age of nineteen (19) shall be housed in the YOU. The Commissioner of the Department of Corrections shall have discretion to house individuals who are eighteen (18) and nineteen (19) years of age and who have been classified as vulnerable in the YOU.

(3) The Mississippi Department of Corrections shall provide youth housed at the YOU with the opportunity for the appropriate amounts of interactive, structured rehabilitative and/or educational programming, recreational and leisure activities outside of their cells on a daily basis, including weekends and holidays. The programming developed, as prescribed in this subsection shall, to the extent possible, be tailored to the developmental needs of adolescents.
Miss. Code Ann. § 47-7-47 — MS Code / Title 47 / Chapter 3 / Section 7-47
Miss. Code Ann. § 47-7-47
Status: in_force

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

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

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

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

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

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

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

(6) If the court places any person on probation or earned probation, the court may order the person, as a condition of probation, to submit, as provided in Section 47-5-601 , to any type of breath, saliva or urine chemical analysis test, the purpose of which is to detect the possible presence of alcohol or a substance prohibited or controlled by any law of the State of Mississippi or the United States.
Miss. Code Ann. § 47-5-23 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-411 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-940 — MS Code / Title 47 / Chapter 3 / Section 5-940
Miss. Code Ann. § 47-5-940
Status: repealed

(1)(a) The Department of Corrections may contract with the Bolivar County Regional Facility for a five-year pilot program dedicated to an intensive and comprehensive alcohol and other drug treatment program for not more than two hundred fifty (250) inmates. The Bolivar County Regional Facility shall have the option of canceling the contract for the drug treatment program after giving the Department of Corrections thirty (30) days' notice of its intent to cancel. The program shall be a prison-based treatment program designed to reduce substance abuse by inmates, correct dysfunctional thinking and behavioral patterns, and prepare inmates to make a successful and crime-free readjustment to the community.

(b) The Department of Corrections shall reimburse the Bolivar County Regional Facility at the per diem rate allowed under Section 47-5-933 .

(2)(a) An inmate who is within eighteen (18) months of his earned release date or parole date may be placed in the program.

(b) The Department of Corrections shall remove any inmate within seventy-two (72) hours after being notified by the Bolivar County Regional Facility that the inmate is violent or refuses to participate in the drug treatment program.

(3) The program shall consist, but is not limited to, the following components:

(a) An assessment and placement component using a recidivism needs assessment of the inmates.

(b) An intensive and comprehensive treatment and rehabilitation component which addresses the specific drug or alcohol problem of the inmate. This component shall include relapse prevention strategies and anger management strategies.

(c) An aftercare post-release component that has a specific transition plan for each inmate. The transition plan must address specific post-release needs such as employment, housing, medical care, relapse prevention and treatment. The plan shall require personnel to assist the inmate with these needs and to assist in finding community-based programs for the inmate. The plan shall require the inmate to be tracked in at least thirty-day intervals to measure compliance with his established transition plan.

(d) A monitoring assessment of recidivism containing post-release history of substance abuse, breaches of trust, arrests, convictions, employment, community functioning, and marital and family interaction.

(4) The department shall file a report annually on the program with specific data on recidivism of inmates including the data required in subsection (3)(d).

(5) The program authorized under this section may be renewed if it meets performance requirements as may be determined by the Legislature.

(6) This section shall be repealed on July 1, 2025.
Miss. Code Ann. § 47-5-72 — MS Code / Title 47 / Chapter 3 / Section 5-72
Miss. Code Ann. § 47-5-72
Status: in_force

The Department of Corrections, counties and municipalities are authorized to develop regional recycling centers at regional correctional facilities. The department may establish a work program for inmates to participate in the recycling program. Inmates that are ineligible to participate in joint state-county programs and public service programs are also ineligible to participate in the program established for regional recycling centers.
Miss. Code Ann. § 47-5-7 — MS Code / Title 47 / Chapter 1 / Section 5-7
Miss. Code Ann. § 47-5-7
Status: in_force

The department shall procure a United States lock-seal, to be styled “Mississippi Department of Corrections” of which the commissioner shall be the custodian. Such seal shall be used to authenticate all the written official acts, orders and process executed and issued from the department, and especially on all orders dispatched to the county jails for offenders who have been sentenced to the custody of the department.
Miss. Code Ann. § 47-5-1509 — MS Code / Title 47 / Chapter 5 / Section 5-1509
Miss. Code Ann. § 47-5-1509
Status: in_force

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

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

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

(4) If the female inmate qualifies as indigent, such products shall be provided without cost to the inmate.
Miss. Code Ann. § 47-5-543 — MS Code / Title 47 / Chapter 3 / Section 5-543
Miss. Code Ann. § 47-5-543
Status: in_force

(1) Within sixty (60) days after the formation of the corporation pursuant to the provisions of Section 47-5-535 , the State Department of Corrections shall lease to the corporation all existing prison industries including the buildings, land, furnishings, equipment and other chattel used in the operation of such industries. Such lease shall be agreed upon by the State Department of Corrections, State Department of Finance and Administration and the corporation. The initial term of such lease shall not exceed six (6) years, provided that such lease may be renewed for additional successive terms of years not to exceed six (6) years in any one (1) renewal. No sublease to the corporation shall be in excess of that amount for which the department is obligated to pay under any lease agreement with any other state agency. Any receivable and remaining funds shall be transferred to the corporation after the payment of any existing liabilities. No operating loss of any type shall be transferred to the corporation. The State Department of Corrections shall continue to manage and operate the prison industries until such industries are leased to the corporation. When leasing any prison industry program to the corporation, the corporation shall exercise a reasonable effort to employ any personnel of the State Department of Corrections who are currently involved in any prison industry program being leased to the corporation. Before the leasing of the prison industries, buildings, lands and other items mentioned herein to the corporation, the State Auditor of Public Accounts shall perform a comprehensive audit of all the items and things mentioned herein which are to be leased by the department to the corporation. The corporation may expand, eliminate, suspend or alter any of its industries as it sees fit.

(2) Any lands, buildings, equipment, furnishings, livestock, supplies and vehicles used in the department's farming operations which were leased or transferred to the nonprofit corporation under subsection (1) shall be transferred to the department. Any personnel in the department's farming operations employed by the nonprofit corporation who desire to be reassigned to the department and who are under state service may be reassigned to the department.

(3) The department is not required to lease land, buildings, equipment, furnishings or other chattel used in its prison agricultural enterprises.
Miss. Code Ann. § 47-5-441 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-938 — MS Code / Title 47 / Chapter 1 / Section 5-938
Miss. Code Ann. § 47-5-938
Status: in_force

(1) Offenders are encouraged to participate in work programs. The chief corrections officer as created in Section 47-5-935 , with ratification of the board of supervisors of the county in which a correctional facility established pursuant to Sections 47-5-931 through 47-5-941 , is located, may enter into agreements to provide work for any state offender housed in the facility, with the approval of the Commissioner of Corrections, to perform any work:

(a) Authorized in the Mississippi Prison Industries Act of 1990 as provided in Sections 47-5-531 through 47-5-575 ;

(b) Authorized in the Prison Agricultural Enterprises Act as provided in Sections 47-5-351 through 47-5-357 ;

(c) Authorized in the Penitentiary-Made Goods Law of 1978 as provided in Sections 47-5-301 through 47-5-331 ;

(d) Authorized in the Public Service Work Programs Act as provided in Sections 47-5-401 through 47-5-421 ;

(e) Authorized in Section 47-5-431 , which authorizes the sheriff to use county or state offenders to pick up trash along public roads and state highways.

(2) The chief corrections officer shall promulgate rules and regulations as may be necessary to govern the work performance of the offenders for the parties to the agreements. Political subdivisions of the State of Mississippi including but not limited to counties, municipalities, school districts, drainage districts, water management districts and joint county-municipal endeavors are to have free use of the offender's labor but are responsible for reimbursing the facility for costs of transportation, guards, meals and other necessary costs when the inmates are providing work for that political body. Offenders may be compensated for work performed if the agreement so provides.

(3) There is created a special fund in the county treasury to be known as the “offender's compensation fund.” All compensation paid to offenders shall be placed in the special fund for use by the offenders to purchase certain goods and other items of value as authorized in Section 47-5-109 , for offenders housed in state correctional facilities. As provided in Section 47-5-194 , no cash is to be paid to offenders. The agreement shall provide that a certain portion of the compensation shall be used for the welfare of the offenders. All money collected from the regional jail canteen operations shall be placed in a county special fund. Expenditures from that fund can be made by the chief corrections officer for any lawful purpose that is in the best interest and welfare of the offenders. The chief corrections officer, his employees and the county or counties owning the facility are given the authority necessary to carry out the provisions of this section.

(4) The provisions of this section shall be supplemental to any other provisions of law regarding offender labor and work programs.
Miss. Code Ann. § 47-5-75 — MS Code / Title 47 / Chapter 5 / Section 5-75
Miss. Code Ann. § 47-5-75
Status: in_force

The department is authorized to bring and maintain suits for the collection and enforcement of all demands and debts owing to the correctional system. No bond for costs, appeal bond, supersedeas bond or other security shall at any time be required of the department in any civil suit of any kind brought by or against it or its employees in their official capacity, except such suits as may be brought against it or them by the State of Mississippi. The Attorney General of the State of Mississippi is hereby directed to assist the department in the filing and prosecution of any suits filed herein.

The department shall have the further power and authority, in its discretion, to take adequate liability insurance on the operation of said correctional system, including liability insurance to protect the commissioner and other regular employees of the correctional system from tort actions in any state or federal court.
Miss. Code Ann. § 47-5-1115 — MS Code / Title 47 / Chapter 1 / Section 5-1115
Miss. Code Ann. § 47-5-1115
Status: in_force

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

(a) The contractor provides an adequate plan of insurance, specifically including insurance for civil rights claims, as determined by an independent risk management/actuarial firm with demonstrated experience in public liability for state governments. In determining the adequacy of the plan, such firm 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; that is, the insurance is adequate on an occurrence basis, not on a claims-made basis;

(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.
Miss. Code Ann. § 47-5-39 — MS Code / Title 47 / Chapter 3 / Section 5-39
Miss. Code Ann. § 47-5-39
Status: in_force

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

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

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

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

(5) The department may request information from nongovernmental agencies and organizations to assist in preparing the fiscal note and the ten-year fiscal note.
Miss. Code Ann. § 47-5-415 — MS Code / Title 47 / Chapter 4 / Section 5-415
Miss. Code Ann. § 47-5-415
Status: in_force

The sheriff, in the case of county inmates and state inmates incarcerated in county jails, and the Commissioner of Corrections, in the case of state inmates incarcerated in a Mississippi Department of Corrections facility, may institute a procedure for granting passes and leaves to inmates participating under Sections 47-5-401 through 47-5-421 , and may grant such passes or leaves in deserving cases, not to exceed three (3) days or seventy-two (72) hours.
Miss. Code Ann. § 47-5-134 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-79 — MS Code / Title 47 / Chapter 5 / Section 5-79
Miss. Code Ann. § 47-5-79
Status: in_force

All contracts for the purchase of materials, supplies, equipment and sustenance for the offenders of the correctional system shall be made under the provisions of the state purchasing law, same being Sections 31-7-1 through 31-7-55 .
Miss. Code Ann. § 47-5-469 — MS Code / Title 47 / Chapter 5 / Section 5-469
Miss. Code Ann. § 47-5-469
Status: in_force

The provisions of Sections 47-5-451 through 47-5-469 of this chapter are cumulative and shall not be construed to repeal or supersede any laws directly inconsistent herewith; and it is specifically provided herein that any work program in operation or functioning pursuant to any local law when Sections 47-5-451 through 47-5-469 of this chapter become law may be continued pursuant to such local law and shall not be affected in any way by Sections 47-5-451 through 47-5-469 of this chapter. The county board of supervisors conducting such program may, however, at its option, convert the program to a program to be governed by Sections 47-5-451 through 47-5-469 .
Miss. Code Ann. § 47-5-78 — MS Code / Title 47 / Chapter 5 / Section 5-78
Miss. Code Ann. § 47-5-78
Status: in_force

There is established within the State Treasury a revolving fund to fund forest management costs provided under Sections 47-5-56 and 47-5-66 for the Lambert State Forest in Quitman County and shall be disbursed as provided in those sections. The fund shall be called the “Lambert State Forest Revolving Fund,” and moneys for the fund shall accrue from any revenues derived from the Lambert State Forest including, but not limited to, timber sales and any other revenue derived from forest management practices. The State Treasurer shall invest all monies in the fund, and interest earned on the investments shall be paid back into the fund and not into the General Fund. The fund shall be audited annually by the State Auditor.
Miss. Code Ann. § 47-5-357 — MS Code / Title 47 / Chapter 1 / Section 5-357
Miss. Code Ann. § 47-5-357
Status: in_force

(1)(a) Due to the unique and time sensitive requirements of growing and harvesting products produced by the prison agricultural enterprises, the Department of Finance and Administration and the department shall establish a prudent purchasing policy which may exempt from bid requirements those commodities, items or services which are needed for the efficient and effective management of the prison agricultural enterprises.

(b) Due to the unique and time sensitive requirements of growing and harvesting products produced by the prison agricultural enterprises, the Department of Finance and Administration and the department shall establish a prudent leasing policy which may exempt from bid requirements agricultural equipment which is needed for the efficient and effective management of the prison agricultural enterprises.

(2) The Department of Finance and Administration shall, by order entered on its minutes, list those commodities, items and services exempted from bid requirements as provided in Section 31-7-12 .
Miss. Code Ann. § 47-5-505 — MS Code / Title 47 / Chapter 1 / Section 5-505
Miss. Code Ann. § 47-5-505
Status: in_force

(1) Except as otherwise specifically provided by law, the Department of Economic Development, and the Mississippi State University Cooperative Extension Service shall collaborate with the Department of Corrections in an initial evaluation of viable industries and businesses readily found in the present economy and a determination of which of these would effectively function within the correctional industries work program. Special consideration shall be given to those industries and businesses which will provide vocational education and training for offenders so as to assist offenders in functioning more successfully following their release from custody.

(2) Except as otherwise specifically provided by law, in conjunction with the initial evaluation and determination described in subsection (1) of this section, the Department of Economic Development shall have the primary responsibility of identifying and evaluating acceptable industries and businesses and of acting as an agent of the Department of Corrections by communicating with such concerns and aggressively soliciting their participation in the correctional industries work program.

(3) Except as otherwise specifically provided by law, after an acceptable industry or business has expressed an interest in participating in the correctional industries work program, the Department of Corrections shall negotiate any necessary contractual agreements and arrangements between the concern and the Department of Corrections, including (a) leases of up to twenty-five (25) years, renewable at the option of the lessee for an additional ten-year period at the end of each lease term, of any property utilized by the state prison correctional system, and (b) authorization for such industry or business to develop leased property in a manner necessary to conduct the operation or project.

(4) Except as otherwise specifically provided by law, any contracts concerning the leasing of real property by the Board of Corrections, any rules and regulations promulgated by the board and the making of any contract by the Department of Corrections with any private business shall be ratified and approved by the Governor's Office of General Services.
Miss. Code Ann. § 47-5-559 — MS Code / Title 47 / Chapter 3 / Section 5-559
Miss. Code Ann. § 47-5-559
Status: in_force

The corporation shall submit to the Governor and the Legislature, on or before January 1 of each year, a report on the status of the correctional work programs, including, but not limited to, the programs and funds which have been transferred to the corporation, the programs and funds to be taken over within the next year and the proposed use of the profits from such programs, a breakdown of the amount of noninmate labor used, work subcontracted to other vendors, use of consultants, finished goods purchased for resale, and the number of inmates working in the correctional work programs at the time of the report. In addition, the corporation shall submit to the department, the Governor and the Legislature an annual independently audited financial statement and such other information as may be requested by the Legislature together with recommendations from the corporation relating to provisions for reasonable tax incentives to private enterprises that employ inmates, parolees or former inmates who have participated in correctional work programs. The department shall include, as a portion of its annual report, a report on post-release job placement and the rate of subsequent contact with the correctional system for those inmates who have participated in the correctional work programs operated by the corporation and by the department. Beginning January 1, 1991, the State Auditor shall conduct an annual financial audit of the corporation in conjunction with an independent audit conducted by the corporation's auditors. The State Auditor and the legislative PEER committee shall also conduct a biennial performance audit of the corporation for the period beginning January 1, 1991, through January 1, 1993, and thereafter upon the joint request of the Senate Corrections Committee, House Corrections Committee, Senate Finance Committee, and House Ways and Means Committee.
Miss. Code Ann. § 47-5-158 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-371 — MS Code / Title 47 / Chapter 1 / 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. § 47-7-38 — MS Code / Title 47 / Chapter 4 / Section 7-38
Miss. Code Ann. § 47-7-38
Status: in_force

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

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

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

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

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

(a) Verbal warnings;

(b) Increased reporting;

(c) Increased drug and alcohol testing;

(d) Mandatory substance abuse treatment;

(e) Loss of earned-discharge credits; and

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

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

(a) Verbal recognition;

(b) Reduced reporting; and

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

(7) The Department of Corrections shall provide semiannually to the Oversight Task Force the number and percentage of offenders who have one or more violations during the year, the average number of violations per offender during the year and the total and average number of incarceration sanctions as defined in subsection (5) of this section imposed during the year.
Miss. Code Ann. § 47-5-353 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-323 — MS Code / Title 47 / Chapter 1 / Section 5-323
Miss. Code Ann. § 47-5-323
Status: in_force

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

(2) All monies collected by the State Department of Corrections from the sale or disposition of articles and products manufactured or produced by penitentiary labor in accordance with the provisions of Sections 47-5-301 through 47-5-327 shall be forthwith deposited into the Prison Industries Fund authorized by subsection (1) of this section. The money so collected and deposited shall be used solely for the purchase of raw materials, manufacturing supplies, equipment, machinery and buildings used to carry out the purposes of Sections 47-5-301 through 47-5-327 , to otherwise defray the necessary expenses incident thereto, including the employment of such necessary supervisory personnel as is unavailable in the inmate population. All expenditures from such fund shall be subject to the approval of the commissioner; provided, however, that such Prison Industries Fund shall never be maintained in excess of the amount necessary to carry out efficiently and properly the intentions of Sections 47-5-301 through 47-5-327 .
Miss. Code Ann. § 47-5-1511 — MS Code / Title 47 / Chapter 5 / Section 5-1511
Miss. Code Ann. § 47-5-1511
Status: in_force

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

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

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

(i) May be harmed during visitation; or

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

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

(c) Authorizing contact visits for inmates who are parents of minor children.
Miss. Code Ann. § 47-7-33.1 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-413 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-196 — MS Code / Title 47 / Chapter 1 / Section 5-196
Miss. Code Ann. § 47-5-196
Status: in_force

The Department of Corrections shall develop and implement a drug testing program for its employees no later than July 1, 1997. The department shall develop a written policy for alcohol and drug testing of employees to deter the use of alcohol and drugs at its facilities and to ensure an alcohol and drug free environment at correctional facilities. Participation by employees is mandatory and the tests may be conducted in a random manner.
Miss. Code Ann. § 47-7-3.2 — MS Code / Title 47 / Chapter 1 / Section 7-3.2
Miss. Code Ann. § 47-7-3.2
Status: in_force

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

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

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

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

(2) This section shall not apply to:

(a) Offenders sentenced to life imprisonment;

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

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

(d) Offenders serving a sentence for trafficking pursuant to Section 41-29-139(f) .
Miss. Code Ann. § 47-5-177 — MS Code / Title 47 / Chapter 5 / Section 5-177
Miss. Code Ann. § 47-5-177
Status: in_force

At least fifteen (15) days prior to the release of an offender from the custody of the department because of discharge, parole, pardon, temporary personal leave or pass, or otherwise, except for sickness or death in the offender's family, the director of records of the department shall give written or electronic notice of such release to the sheriff of the county and to the chief of police of the municipality where the offender was convicted. If the offender is paroled to a county other than the county of conviction, the director of records shall give written or electronic notice of the release to the sheriff, district attorney and circuit judge of the county and to the chief of police of the municipality where the offender is paroled and to the sheriff of the county and to the chief of police of the municipality where the offender was convicted. The department shall notify the parole officer of the county where the offender is paroled or discharged to probation of any chronic mental disorder incurred by the offender, of any type of infectious disease for which the offender has been examined and treated, and of any medications provided to the offender for such conditions.

The commissioner shall require the director of records to clearly identify the notice of release of an offender who has been convicted of arson at any time. The fact that the offender to be released had been convicted of arson at any time shall appear prominently on the notice of release and the sheriff shall notify all officials who are responsible for investigation of arson within the county of such offender's release and the chief of police shall notify all such officials within the municipality of such offender's release.
Miss. Code Ann. § 47-7-45 — MS Code / Title 47 / Chapter 1 / 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. § 47-7-3.1 — MS Code / Title 47 / Chapter 1 / Section 7-3.1
Miss. Code Ann. § 47-7-3.1
Status: in_force

(1) In consultation with the Parole Board, the department shall develop a case plan for all parole-eligible inmates to guide an inmate's rehabilitation while in the department's custody and to reduce the likelihood of recidivism after release.

(2) The case plan shall include, but not be limited to:

(a) Programming and treatment requirements based on the results of a risk and needs assessment;

(b) Any programming or treatment requirements contained in the sentencing order; and

(c) General behavior requirements in accordance with the rules and policies of the department.

(3) With respect to parole-eligible inmates admitted to the department's custody on or after July 1, 2021, the department shall complete the case plan within ninety (90) days of admission. With respect to parole-eligible inmates admitted to the department's custody before July 1, 2021, the department shall complete the case plan by January 1, 2022.

(4) The department shall provide the inmate with a written copy of the case plan and the inmate's caseworker shall explain the conditions set forth in the case plan.

(a) Within ninety (90) days of admission, the caseworker shall notify the inmate of their parole eligibility date as calculated in accordance with Section 47-7-3(3) ;

(b) At the time a parole-eligible inmate receives the case plan, the department shall send the case plan to the Parole Board for approval.

(5) With respect to parole-eligible inmates admitted to the department's custody after July 1, 2021, the department shall ensure that the case plan is achievable prior to the inmate's parole eligibility date. With respect to parole-eligible inmates admitted to the department's custody before July 1, 2021, the department shall, to the extent possible, ensure that the case plan is achievable prior to the inmate's parole eligibility date or next parole hearing date, or date of release, whichever is sooner.

(6) The caseworker shall meet with the inmate every eight (8) weeks from the date the offender received the case plan to review the inmate's case plan progress.

(7) Every four (4) months the department shall electronically submit a progress report on each parole-eligible inmate's case plan to the Parole Board. The board may meet to review an inmate's case plan and may provide written input to the caseworker on the inmate's progress toward completion of the case plan.

(8) The Parole Board shall provide semiannually to the Oversight Task Force the number of parole hearings held, the number of prisoners released to parole without a hearing and the number of parolees released after a hearing.

(9) If the Department of Corrections fails to adequately provide opportunity and access for the completion of such case plans, the Department of Corrections shall, to the extent possible, contract with regional jail facilities that offer educational development and job-training programs to facilitate the fulfillment of the case plans of parole-eligible inmates.
Miss. Code Ann. § 47-7-51 — MS Code / Title 47 / Chapter 5 / Section 7-51
Miss. Code Ann. § 47-7-51
Status: in_force

(1) There is hereby created in the State Treasury a special fund, which shall be known as the Correctional Training Revolving Fund. This fund shall be used to develop and implement the comprehensive correction training program authorized in Chapter 509, Laws of 1990. These funds may be used to construct and renovate training facilities, purchase training equipment for the hiring of instructors, and to pay operating expenses to accomplish and fulfill the purposes of the training program.

(2) The Commissioner of Corrections shall establish guidelines for the use and accountability of such funds.
Miss. Code Ann. § 47-5-407 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-1007 — MS Code / Title 47 / Chapter 3 / Section 5-1007
Miss. Code Ann. § 47-5-1007
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(9) The participant shall abide by other conditions as set by the court or the department.
Miss. Code Ann. § 47-5-901 — MS Code / Title 47 / Chapter 4 / Section 5-901
Miss. Code Ann. § 47-5-901
Status: in_force

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

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

(2) If state prisoners are housed in county jails due to a lack of capacity at state correctional institutions, the Department of Corrections shall determine the cost for food and medical attention for such prisoners. The cost of feeding and housing offenders confined in such county jails shall be based on actual costs or contract price per prisoner. In order to maximize the potential use of county jail space, the Department of Corrections is encouraged to negotiate a reasonable per day cost per prisoner, which in no event may exceed Twenty-five Dollars ($25.00) per day per offender, except as authorized in Section 47-5-909(2) .

(3)(a) Upon vouchers submitted by the board of supervisors of any county housing persons due to lack of space at state institutions, the Department of Corrections shall pay to such county, out of any available funds, the actual cost of food, or contract price per prisoner, not to exceed Twenty-five Dollars ($25.00) per day per offender, except as authorized in Section 47-5-909(2) , as determined under subsection (2) of this section for each day an offender is so confined beginning the day that the Department of Corrections receives a certified copy of the sentencing order or five (5) days after the sentencing order is sent, in writing, by such county to the department, whichever is earlier, and will terminate on the date on which the offender is released or otherwise removed from the custody of the county jail. The department, or its contracted medical provider, will pay to a provider of a medical service for any and all incarcerated persons from a correctional or detention facility an amount based upon negotiated fees as agreed to by the medical care service providers and the department and/or its contracted medical provider. In the absence of negotiated discounted fee schedule, medical care service providers will be paid by the department, or its contracted medical service provider, an amount no greater than the reimbursement rate applicable based on the Mississippi Medicaid reimbursement rate. The board of supervisors of any county shall not be liable for any cost associated with medical attention for prisoners who are pretrial detainees or for prisoners who have been convicted that exceeds the Mississippi Medicaid reimbursement rate or the reimbursement provided by the Department of Corrections, whichever is greater. This limitation applies to all medical care services, durable and nondurable goods, prescription drugs and medications. Such payment shall be placed in the county general fund and shall be expended only for food and medical attention for such persons.

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

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

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

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

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

(7) An offender returned to a county for post-conviction proceedings shall be subject to the provisions of Section 99-19-42 and the county shall not receive the per-day allotment for such offender after the time prescribed for returning the offender to the Department of Corrections as provided in Section 99-19-42 .
Miss. Code Ann. § 47-5-1014 — MS Code / Title 47 / Chapter 1 / Section 5-1014
Miss. Code Ann. § 47-5-1014
Status: in_force

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

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

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

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

(5) Any arrearage remaining under this section at the end of the offender's participation in the program shall automatically be reduced to a civil judgment and upon notice by the Department of Corrections shall be recorded with the circuit court clerk in the county wherein the participant resides. The Department of Corrections and/or the district attorney shall use best efforts to collect the judgment.
Miss. Code Ann. § 47-5-1107 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-93 — MS Code / Title 47 / Chapter 5 / Section 5-93
Miss. Code Ann. § 47-5-93
Status: in_force

It shall be the duty of the Governor to make personal inspection of the central facilities of the state correctional system and offenders twice during each and every year at such times as may suit his convenience, and without previous notice to the commissioner, and the commissioner, when required so to do, shall afford all necessary facilities for making such inspection.
Miss. Code Ann. § 47-5-555 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-194 — MS Code / Title 47 / Chapter 1 / Section 5-194
Miss. Code Ann. § 47-5-194
Status: in_force

(1) It is unlawful for any offender committed to the department to possess:

(a) Coin or currency on his person or in premises assigned to him or under his control;

(b) A money order, traveler's check, promissory note, credit card, personal check or other negotiable instrument.

(2) Subsection (1) does not apply to offenders who are granted a parole; placed on work release, supervised earned release, earned probation or probation; or granted leave for the duration of such leave; however, these offenders may be restricted by the parole or probation order or by order of the commissioner with respect to amounts or form of money possessed or controlled by the offenders.

(3) A violation of subsection (1) shall be considered a rules violation or a violation of the conditions of parole or probation as the case may be and shall be processed in the manner of similar violations.

(4) Any money possessed by an offender may be confiscated by the corrections officer who discovers the possession. The department shall establish a policy and procedure for the collection and accounting of all confiscated funds. All confiscated coin or currency shall be deposited in a special fund which is created in the State Treasury. The money in this special fund may be appropriated by the Legislature to enhance the security of the department's facilities. Unexpended amounts remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund, but funds may be expended only by appropriation approved by the Legislature. Any interest earned on amounts in the special fund shall be deposited to the credit of the special fund.

(5) The possession of coin, currency, money order, traveler's check or other negotiable instrument on the grounds of a facility is prohibited.

(6) The department shall establish a cashless system for facilities no later than July 1, 1996. The department shall provide lockers for visitors to place prohibited items when on grounds of a facility. The department is authorized to charge visitors an hourly rental fee for use of the lockers. Community work centers and restitution centers are exempt unless designated by the commissioner as being included in the cashless system.
Miss. Code Ann. § 47-5-571 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-1215 — MS Code / Title 47 / Chapter 4 / Section 5-1215
Miss. Code Ann. § 47-5-1215
Status: in_force

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

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

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

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

(5) Private correctional officers shall be trained in the use of force and the use of firearms, in accordance with ACA Standards and shall be trained, at the private contractor's expense, for at least the minimum number of hours that public personnel are currently trained.
Miss. Code Ann. § 47-4-5 — MS Code / Title 47 / Chapter 4 / Section 4-5
Miss. Code Ann. § 47-4-5
Status: in_force

Any local unit of government, or any local unit of government in cooperation with other local units of government, may enter into agreements with private sources for the operation and supervision of juvenile detention centers.
Miss. Code Ann. § 47-3-7 — MS Code / Title 47 / Chapter 1 / Section 3-7
Miss. Code Ann. § 47-3-7
Status: in_force

If any infectious or contagious disease shall appear in the vicinity of any jail, or if the appearance of such disease be apprehended, the board of supervisors of the county, or, if it should not meet in time, the sheriff of the county, with the concurrence of two (2) members of such board, or of a circuit judge or chancellor, expressed in writing, may cause the prisoners confined in such jail to be removed to some suitable place of security, for safekeeping, until the threatened danger shall be over, when they shall be returned to the jail.
Miss. Code Ann. § 47-7-25 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-513 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-1005 — MS Code / Title 47 / Chapter 4 / Section 5-1005
Miss. Code Ann. § 47-5-1005
Status: in_force

(1) The department shall promulgate rules that prescribe reasonable guidelines under which an intensive supervision program shall operate. These rules shall include, but not be limited to, the following:

(a) The participant shall remain within the interior premises or within the property boundaries of his or her residence at all times during the hours designated by the correctional field officer.

(b) Approved absences from the home may include, but are not limited to, the following:

(i) Working or employment approved by the court or department and traveling to or from approved employment;

(ii) Unemployed and seeking employment approved for the participant by the court or department;

(iii) Undergoing medical, psychiatric, mental health treatment, counseling or other treatment programs approved for the participant by the court or department;

(iv) Attending an educational institution or a program approved for the participant by the court or department;

(v) Participating in community work release or a community service program approved for the participant by the court or department; or

(vi) For another compelling reason consistent with the public interest, as approved by the court or department.

(c) Except in case of a medical emergency and approval by the Commissioner of the Department of Corrections, or his designee, or by circuit court order for medical purposes, no participant in the intensive supervision program may leave the jurisdiction of the State of Mississippi.

(2) The department shall select and approve all electronic monitoring devices used under Sections 47-5-1001 through 47-5-1015 .

(3) The department may lease the equipment necessary to implement the intensive supervision program and to contract for the monitoring of such devices. The department is authorized to select the lowest price and best source in contracting for these services.
Miss. Code Ann. § 47-1-59 — MS Code / Title 47 / Chapter 1 / Section 1-59
Miss. Code Ann. § 47-1-59
Status: in_force

(1) When the sheriff, marshal or any other peace officer of this state has in his lawful custody a prisoner who, through accident, injury or illness, is in need of hospitalization, such officer may take such prisoner to the nearest hospital in the county or if there be no hospital in that county, to the nearest hospital in an adjacent county and if upon arrival at such hospital any physician licensed to practice medicine in this state certifies that in his opinion such prisoner is in need of hospitalization, such prisoner shall be hospitalized in such hospital for as long as in the opinion of such physician it is necessary to so hospitalize such prisoner. If, in the opinion of the sheriff or other peace officer having custody of such prisoner at the time he is delivered to the aforesaid hospital, or in the opinion of the director of the university hospital if the prisoner be brought to that institution, it is necessary that he be placed under guard while a patient at such hospital, the sheriff of the county in which the crime he was placed in custody for committing was alleged to have taken place, shall furnish the aforesaid guard. When the aforesaid physician or other reputable physician shall certify that hospitalization no longer is needed, the prisoner shall be returned to the original place of detention.

(2) The actual expense of guarding the prisoner in the hospital shall be paid out of the general funds of the county where the prisoner was originally confined or arrested. The expense contracted incident to the hospitalization aforesaid shall be paid by the prisoner; otherwise he may be hospitalized as a state aid patient. However, if the prisoner is ineligible for state aid or the amount available for hospitalization as a state aid patient is inadequate to pay all such hospital expense of a prisoner who is financially unable to pay his own expenses, the board of supervisors of the county where the prisoner was originally confined or arrested shall, upon presentation of the certificate of the physician certifying that said prisoner was in need of hospitalization, pay from the general funds of the county the reasonable and customary charges for such services or as much thereof as is not paid by state aid. Any such payment to a hospital shall be discretionary with the board of supervisors if its county supports the hospital involved by a special tax levy for its operation and maintenance.
Miss. Code Ann. § 47-5-533 — MS Code / Title 47 / Chapter 3 / Section 5-533
Miss. Code Ann. § 47-5-533
Status: in_force

(1) It is the finding of the Legislature that prison industry programs of the State Department of Corrections are uniquely different from other programs operated or conducted by other departments in that it is essential to the state that the prison industry programs provide inmates with useful activities that can lead to meaningful employment after release in order to assist in reducing the return of inmates to the system.

(2) It is further the finding of the Legislature that the mission of a prison industry program is:

(a) To reduce the cost of state government by operating prison industries primarily with inmate labor, which industries do not seek to unreasonably compete with private enterprise;

(b) To serve the rehabilitative goals of the state by duplicating as nearly as possible, the operating activities of a free-enterprise type of profit-making enterprise; and

(c) To serve the security goals of the state by reducing the idleness of inmates and by providing an incentive for good behavior while in prison.
Miss. Code Ann. § 47-5-180 — MS Code / Title 47 / Chapter 5 / Section 5-180
Miss. Code Ann. § 47-5-180
Status: in_force

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

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

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

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

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

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

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

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

(c) In addition to the restrictions in Section 41-41-205 , neither an offender in the department's custody nor a department employee shall be used as a witness for a power of attorney for health care that an offender executes while in the department's custody.
Miss. Code Ann. § 47-5-95 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-43 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-307 — MS Code / Title 47 / Chapter 3 / Section 5-307
Miss. Code Ann. § 47-5-307
Status: in_force

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

(2) Any article or product manufactured by the State Department of Corrections for sale through the State Fiscal Management Board to any commission, department, institution or agency of the state or to any political subdivision thereof, shall be manufactured and/or produced only upon state specifications developed by and through the State Fiscal Management Board. However, if such specifications have not been developed by the State Fiscal Management Board, then production may be based upon commercial specifications in current use by industry for the manufacture of such articles and products for sale to the state and political subdivisions thereof which have first been approved by the State Fiscal Management Board. For purposes of Sections 47-5-301 through 47-5-327 , state specifications and commercial specifications approved by the State Fiscal Management Board shall mean the latest complete version of any specification including amendments thereto.
Miss. Code Ann. § 47-4-3 — MS Code / Title 47 / Chapter 3 / Section 4-3
Miss. Code Ann. § 47-4-3
Status: in_force

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

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

(3) If no petition as prescribed in subsection (2) of this section is filed with the board of supervisors within sixty (60) days of the date of the last publication of the notice, the board of supervisors shall by a resolution duly adopted and entered on its minutes, state that no petition was timely filed and the board may give final approval to the location of the facility.
Miss. Code Ann. § 47-7-23 — MS Code / Title 47 / Chapter 1 / 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. § 47-7-25 — MS Code / Title 47 / Chapter 3 / 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. § 47-7-6 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-539 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-1119 — MS Code / Title 47 / Chapter 3 / Section 5-1119
Miss. Code Ann. § 47-5-1119
Status: in_force

(1) The commissioner shall monitor any contracts with prison contractors providing correctional services and shall report at least annually, or as requested, to the Senate Committee on Corrections and the House Penitentiary Committee on the performance of the contractor.

(2) The medical director of the department shall be responsible for monitoring all aspects of the facility. The medical director may designate a person to assist in monitoring at the facility, as the medical director determines to be necessary. The medical director shall be provided an on-site work area, shall be on-site on a daily basis, and shall have access to all areas of the facility and to inmates and staff at all times. The contractor shall provide any and all data, reports and other materials that the medical director determines are necessary to carry out monitoring responsibilities under this section.
Miss. Code Ann. § 47-5-138.1 — MS Code / Title 47 / Chapter 4 / Section 5-138.1
Miss. Code Ann. § 47-5-138.1
Status: in_force

(1) In addition to any other administrative reduction of sentence, an offender in trusty status as defined by the classification board of the Department of Corrections may be awarded a trusty-time allowance of thirty (30) days' reduction of sentence for each thirty (30) days of participation during any calendar month in an approved program while in trusty status, including satisfactory participation in education or instructional programs, satisfactory participation in work projects and satisfactory participation in any special incentive program.

(2) An offender in trusty status shall not be eligible for a reduction of sentence under this section if:

(a) The offender was sentenced to life imprisonment;

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

(c) The offender was convicted of a sex crime;

(d) The offender has not served the mandatory time required for parole eligibility, as prescribed under Section 47-7-3 , for a conviction of robbery or attempted robbery through the display of a deadly weapon, carjacking through the display of a deadly weapon or a drive-by shooting; or

(e) The offender was convicted of trafficking in controlled substances under Section 41-29-139 .
Miss. Code Ann. § 47-5-24 — MS Code / Title 47 / Chapter 5 / 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. § 47-7-55 — MS Code / Title 47 / Chapter 4 / Section 7-55
Miss. Code Ann. § 47-7-55
Status: in_force

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

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

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

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

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

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

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

(6) In conducting its activities pursuant to this section, the commission may elicit the support of and participation by federal, state and local agencies and interested associations, organizations and individuals. The commission may appoint an advisory committee whose members shall serve without compensation. The advisory committee may consist of judges, prosecuting attorneys, defense attorneys, medical professionals, correctional personnel and any other individual or groups that the commission desires to place on the advisory committee.
Miss. Code Ann. § 47-7-33 — MS Code / Title 47 / Chapter 1 / Section 7-33
Miss. Code Ann. § 47-7-33
Status: in_force

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

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

(3) When any circuit court or county court places a person on probation in accordance with the provisions of this section and that person is ordered to make any payments to his family, if any member of his family whom he is ordered to support is receiving public assistance through the State Department of Human Services, the court shall order him to make such payments to the county welfare officer of the county rendering public assistance to his family, for the sole use and benefit of said family.
Miss. Code Ann. § 47-5-33 — MS Code / Title 47 / Chapter 1 / Section 5-33
Miss. Code Ann. § 47-5-33
Status: in_force

The commissioner, in the discharge of his duties, is authorized to administer oaths, to summon and examine witnesses, and take such other steps as may be necessary to ascertain the truth of any matter about which he may have the right to inquire.
Miss. Code Ann. § 47-5-907 — MS Code / Title 47 / Chapter 4 / 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. § 47-5-331 — MS Code / Title 47 / Chapter 3 / Section 5-331
Miss. Code Ann. § 47-5-331
Status: in_force

(1) Upon request of the Board of Corrections the Governor's Office of General Services is authorized to lease one or more existing buildings or portions thereof on the grounds of the Parchman facility of the Department of Corrections (a) to a private individual, firm or corporation for the purpose of establishing and operating a factory for the manufacture and processing of products, or (b) to any other commercial enterprise deemed consistent with the aims and purposes of the Penitentiary-Made Goods Law. The leased premises shall include any real estate needed for reasonable access to and access from the leased buildings. The term of the lease shall not exceed twenty (20) years. Money derived from the lease of such buildings and real estate shall be placed in the Prison Industries Fund in the State Treasury.

(2) Each lease negotiated and concluded under subsection (1) of this section shall include and shall be valid only so long as the lessee adheres to the following provisions:

(a) All persons employed in the factory or other commercial enterprise operated in the leased property, except for lessee's supervisory employees and necessary training personnel approved by the warden, shall be inmates of the State Penitentiary and approved for such employment by the warden and the lessee.

(b) The factory or other commercial enterprise operated in the leased property shall observe at all times such practices and procedures regarding security as the lease may specify, or as the warden may temporarily stipulate during periods of emergency.

(c) The factory or other commercial enterprise operated in the leased property shall be deemed a private enterprise and subject to all the laws and lawfully adopted rules of this state governing the operation of similar business enterprises elsewhere.
Miss. Code Ann. § 47-5-198 — MS Code / Title 47 / Chapter 3 / Section 5-198
Miss. Code Ann. § 47-5-198
Status: in_force

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

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

(3) Any person who violates the provisions of this section and is convicted shall be fined up to Twenty-five Thousand Dollars ($25,000.00) and be punished by imprisonment for not less than three (3) years nor more than seven (7) years; and the person is not eligible for probation, parole, suspension of sentence, earned time allowance or any other reduction of sentence.
Miss. Code Ann. § 47-5-539 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-72 — MS Code / Title 47 / Chapter 1 / Section 5-72
Miss. Code Ann. § 47-5-72
Status: in_force

The Department of Corrections, counties and municipalities are authorized to develop regional recycling centers at regional correctional facilities. The department may establish a work program for inmates to participate in the recycling program. Inmates that are ineligible to participate in joint state-county programs and public service programs are also ineligible to participate in the program established for regional recycling centers.
Miss. Code Ann. § 47-5-1229 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-122 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-137 — MS Code / Title 47 / Chapter 4 / Section 5-137
Miss. Code Ann. § 47-5-137
Status: in_force

Except as otherwise specifically provided by law, the use of offenders as servants, gardeners, chauffeurs, cooks, baby-sitters or domestic workers of any nature by an employee of the correctional system or by any other person in an individual household is hereby prohibited; provided, however, that the commissioner may use offenders for such work on the grounds of a facility of the correctional system.
Miss. Code Ann. § 47-5-1007 — MS Code / Title 47 / Chapter 5 / Section 5-1007
Miss. Code Ann. § 47-5-1007
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

(9) The participant shall abide by other conditions as set by the court or the department.
Miss. Code Ann. § 47-5-6 — MS Code / Title 47 / Chapter 5 / Section 5-6
Miss. Code Ann. § 47-5-6
Status: in_force

(1) There is hereby established a committee to be known as the Corrections and Criminal Justice Oversight Task Force, hereinafter called the Oversight Task Force, which must exercise the powers and fulfill the duties described in this chapter.

(2) The Oversight Task Force shall be composed of the following members:

(a) The Lieutenant Governor shall appoint two (2) members;

(b) The Speaker of the House of Representatives shall appoint two (2) members;

(c) The Commissioner of the Department of Corrections, or his designee;

(d) The Chief Justice of the Mississippi Supreme Court shall appoint one (1) member of the circuit court;

(e) The Governor shall appoint one (1) member from the Parole Board;

(f) The Director of the Joint Legislative Committee on Performance Evaluation and Expenditure Review, or his designee;

(g) The Attorney General shall appoint one (1) member representing the victims' community;

(h) The Mississippi Association of Supervisors shall appoint one (1) member to represent the association;

(i) The Mississippi Chief of Police Association shall appoint one (1) member to represent the association.

(j) The President of the Mississippi Prosecutors' Association;

(k) The President of the Mississippi Sheriffs' Association, or his designee;

(l) The Office of the State Public Defender shall appoint one (1) member to represent the public defender's office; and

(m) The Governor shall appoint one (1) advocate for offenders and families who have been directly affected by the prison justice system. The appointment made pursuant to this paragraph (m) shall occur on July 1, 2020.

(3) The task force shall meet on or before July 15, 2015, at the call of the Commissioner of the Department of Corrections and organize itself by electing one (1) of its members as chair and such other officers as the task force may consider necessary. Thereafter, the task force shall meet at least biannually and at the call of the chair or by a majority of the members. A quorum consists of seven (7) members.

(4) The task force shall have the following powers and duties:

(a) Track and assess outcomes from the recommendations in the Corrections and Criminal Justice Task Force report of December 2013;

(b) Prepare and submit an annual report no later than the first day of the second full week of each regular session of the Legislature on the outcome and performance measures to the Legislature, Governor and Chief Justice. The report shall include recommendations for improvements, recommendations on transfers of funding based on the success or failure of implementation of the recommendations, and a summary of savings. The report may also present additional recommendations to the Legislature on future legislation and policy options to enhance public safety and control corrections costs;

(c) Monitor compliance with sentencing standards, assess their impact on the correctional resources of the state and determine if the standards advance the adopted sentencing policy goals of the state;

(d) Review the classifications of crimes and sentences and make recommendations for change when supported by information that change is advisable to further the adopted sentencing policy goals of the state;

(e) Develop a research and analysis system to determine the feasibility, impact on resources, and budget consequences of any proposed or existing legislation affecting sentence length;

(f) Request, review, and receive data and reports on performance outcome measures as related to Chapter 457, Laws of 2014;

(g) To undertake such additional studies or evaluations as the Oversight Task Force considers necessary to provide sentencing reform information and analysis;

(h) Prepare and conduct annual continuing legal education seminars regarding the sentencing guidelines to be presented to judges, prosecuting attorneys and their deputies, and public defenders and their deputies, as so required;

(i) The Oversight Task Force shall use clerical and professional employees of the Department of Corrections for its staff;

(j) The Oversight Task Force may employ or retain other professional staff, upon the determination of the necessity for other staff;

(k) The Oversight Task Force may employ consultants to assist in the evaluations and, when necessary, the implementation of the recommendations of the Corrections and Criminal Justice Task Force report of December 2013;

(l) The Oversight Task Force is encouraged to apply for and may expend grants, gifts, or federal funds it receives from other sources to carry out its duties and responsibilities.
Miss. Code Ann. § 47-5-1103 — MS Code / Title 47 / Chapter 5 / Section 5-1103
Miss. Code Ann. § 47-5-1103
Status: in_force

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

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

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

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

(d) “Special needs” means an inmate with diminished mental or physical health requiring specialized healthcare facilities or services. This does not include HIV positive inmates.
Miss. Code Ann. § 47-5-28 — MS Code / Title 47 / Chapter 5 / Section 5-28
Miss. Code Ann. § 47-5-28
Status: in_force

The commissioner shall have the following powers and duties:

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

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

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

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

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

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

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

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

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

(i) To contract with licensed special care facilities for paroled inmates to provide authorized medical services and support services for medically frail inmates who have been paroled and who have voluntary submitted to the Department of Corrections an address to one of the licensed care facilities to receive such services; and

(j) To perform such other duties necessary to effectively and efficiently carry out the purposes of the department as may be directed by the Governor.
Miss. Code Ann. § 47-5-949 — MS Code / Title 47 / Chapter 5 / Section 5-949
Miss. Code Ann. § 47-5-949
Status: in_force

The correctional facility authorized in Section 47-5-943 shall provide any juvenile offender housed in the facility with continuing education throughout his incarceration which leads to the presentation of a high school diploma or High School Equivalency Diploma equivalent. The facility also shall provide a program of vocational education, which is to be included in the continuing education program for a high school diploma or High School Equivalency Diploma equivalent.
Miss. Code Ann. § 47-5-1515 — MS Code / Title 47 / Chapter 4 / Section 5-1515
Miss. Code Ann. § 47-5-1515
Status: in_force

The Department of Corrections shall ensure that sufficient personal hygiene products are available at each facility for all incarcerated women.
Miss. Code Ann. § 47-5-565 — MS Code / Title 47 / Chapter 4 / 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. § 47-5-715 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-467 — MS Code / Title 47 / Chapter 5 / Section 5-467
Miss. Code Ann. § 47-5-467
Status: in_force

The Commissioner of Corrections may designate any employee of the department to do and perform for the department any act or function which Sections 47-5-451 through 47-5-469 empower the department to do or perform.
Miss. Code Ann. § 47-5-191 — MS Code / Title 47 / Chapter 3 / Section 5-191
Miss. Code Ann. § 47-5-191
Status: in_force

As used in Sections 47-5-191 through 47-5-195 , “alcoholic beverage” shall have the meaning defined in Section 67-1-5 of the Local Option Alcoholic Beverage Control Law of the State of Mississippi; “controlled substance” means any substance defined as a controlled substance by the Uniform Controlled Substances Law of the State of Mississippi; “narcotic drug” means any substance defined as a narcotic drug by Section 41-29-105 ; “weapon or deadly weapon” shall mean any weapon or firearm mentioned in Section 97-37-1 , and any rifle or shotgun regardless of barrel length; and “contraband” means coin or currency, money orders, traveler's checks, promissory notes, credit cards, personal checks or other negotiable instruments, knives, sharpened instruments, tools, explosives, ammunition and drug paraphernalia as defined in Section 41-29-105(v) .
Miss. Code Ann. § 47-5-1503 — MS Code / Title 47 / Chapter 1 / Section 5-1503
Miss. Code Ann. § 47-5-1503
Status: in_force

The Legislature of the State of Mississippi finds that:

(a) The number of incarcerated women in the State of Mississippi has increased by a third ( 1 / 3 ) since 2001 and at one point in 2008 the rate had grown by forty-four percent (44%);

(b) Nationally, the number of children under age eighteen (18) with a mother in prison more than doubled since 1991;

(c) Children who grow up with parents in prison are six (6) to seven (7) times more likely to become incarcerated themselves;

(d) Prisoners who maintain close contact with their family members while incarcerated have better post-release outcomes and lower recidivism rates;

(e) Children of inmates who are able to visit their imprisoned parents have increased cognitive skills, improved academic self-esteem, greater self-control and change schools much less often;

(f) To mitigate the collateral impact on families and children, the Department of Corrections should consider the location of family;

(g) Nationally, approximately two thousand (2,000) women give birth while incarcerated each year;

(h) Prenatal care significantly improves outcomes for pregnant women and infants;

(i) Participation in post-delivery mother-infant residency or nursery programs is associated with lower recidivism rates, reduced risk of babies entering foster care, and improved odds that mothers and their babies will remain together after the mother's period of incarceration;

(j) Use of restrictive housing and restraints on incarcerated pregnant women may be extremely dangerous to the health of mothers, fetuses and infants; and

(k) Nationally, eighty-six percent (86%) of women in prison were victims of sexual assault prior to entering the prison system.
Miss. Code Ann. § 47-5-934 — MS Code / Title 47 / Chapter 3 / Section 5-934
Miss. Code Ann. § 47-5-934
Status: in_force

If a regional facility authorized under Section 47-5-931 experiences a disruption in the housing of state inmates due to a natural disaster in which the Governor has declared a disaster emergency under the laws of this state or the President of the United States has declared an emergency or major disaster to exist in this state, notwithstanding the limitation prescribed in Section 47-5-933 , the term of the contract entered into by the Department of Corrections and the board of supervisors of the involved county or counties may be extended for a period not to exceed five (5) years.
Miss. Code Ann. § 47-5-509 — MS Code / Title 47 / Chapter 5 / Section 5-509
Miss. Code Ann. § 47-5-509
Status: in_force

The department of corrections shall at all times be responsible for the security of the facility being used for the operation or project. No offender granted privileges under the provisions of Section 47-5-501 et seq. shall be deemed to be an agent, employee, or involuntary servant of the participating industry or business while working in the correctional industries work program, or while going to and from employment or other specified areas.
Miss. Code Ann. § 47-5-1209 — MS Code / Title 47 / Chapter 4 / 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. § 47-5-133 — MS Code / Title 47 / Chapter 3 / Section 5-133
Miss. Code Ann. § 47-5-133
Status: in_force

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

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

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

The commissioner may authorize the working of offenders in support of any aspect of Mississippi state government where such work would be appropriate and useful.
Miss. Code Ann. § 47-7-45 — MS Code / Title 47 / Chapter 7 / 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. § 47-5-403 — MS Code / Title 47 / Chapter 3 / Section 5-403
Miss. Code Ann. § 47-5-403
Status: in_force

As used in Sections 47-5-401 through 47-5-421 , the following words and terms have the meanings hereby ascribed to them:

(a) “County inmate” means a person convicted of a crime and sentenced to a term of confinement of one (1) year's duration or less.

(b) “State inmate” means a person convicted of a crime and sentenced to the custody of the Department of Corrections for a term of confinement of more than one (1) year's duration.

(c) “Department” means the Mississippi Department of Corrections.
Miss. Code Ann. § 47-5-705 — MS Code / Title 47 / Chapter 4 / Section 5-705
Miss. Code Ann. § 47-5-705
Status: in_force

The requirements for the declaration of a prison system overcrowding state of emergency are as follows:

(a) Prison system population in excess of ninety-five percent (95%) of the prison system operating capacity for at least thirty (30) consecutive days immediately preceding the declaration of a state of emergency;

(b) Full appropriate utilization by the Mississippi Department of Corrections of powers which tend either to reduce prison system population or expand operating capacity. Such powers include, but are not limited to, earned time allowances as specified in Sections 47-5-138 and 47-5-139, Mississippi Code of 1972 , review of offenders for purposes of reclassification, reevaluation of persons eligible for consideration for work release, supervised earned release or other release programs authorized by law and arrangements for housing inmates of the Department of Corrections in local or county jails or other facilities authorized to house state inmates; and

(c) Full appropriate utilization by the State Parole Board of those powers which tend to reduce the prison system population. Such powers include, but are not limited to, parole as provided in Section 47-7-3, Mississippi Code of 1972 , the review of inmates who have had their parole revoked and the reevaluation of inmates previously denied parole.
Miss. Code Ann. § 47-5-951 — MS Code / Title 47 / Chapter 4 / Section 5-951
Miss. Code Ann. § 47-5-951
Status: in_force

The correctional facility authorized in Section 47-5-943 shall provide each juvenile offender housed in the facility alcohol and drug counseling and treatment throughout his incarceration.
Miss. Code Ann. § 47-5-1225 — MS Code / Title 47 / Chapter 1 / Section 5-1225
Miss. Code Ann. § 47-5-1225
Status: in_force

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

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

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

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

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

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

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

(g) Determine inmate eligibility for furlough and work release.
Miss. Code Ann. § 47-5-1201 — MS Code / Title 47 / Chapter 3 / Section 5-1201
Miss. Code Ann. § 47-5-1201
Status: in_force

The purpose of this legislation is to alleviate the immediate and the projected operating capacity needs of the state correctional system by providing for the immediate and long-term addition of correctional facilities. It is the intent of the Legislature that agencies expedite the procurement of facilities to alleviate the short-term emergency capacity needs of the correctional system.
Miss. Code Ann. § 47-5-459 — MS Code / Title 47 / Chapter 3 / Section 5-459
Miss. Code Ann. § 47-5-459
Status: in_force

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

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

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

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

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

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

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

(c) Restitution to any victim of the offense for which the inmate was convicted in such amounts and under such conditions as the sentencing court may have imposed.
Miss. Code Ann. § 47-5-1001 — MS Code / Title 47 / Chapter 3 / 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 1 / 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. § 47-5-193 — MS Code / Title 47 / Chapter 3 / Section 5-193
Miss. Code Ann. § 47-5-193
Status: in_force

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

(2) The circuit court is authorized to issue an order to disable the contraband cell phone service from the carrier.
Miss. Code Ann. § 47-5-131 — MS Code / Title 47 / Chapter 4 / Section 5-131
Miss. Code Ann. § 47-5-131
Status: in_force

Quitman County, Mississippi, shall have the use of not over twenty (20) offenders from the Parchman facility for five (5) workdays of each week for the purpose of working the roads of Quitman County. The board of supervisors of Quitman County shall lay out and designate roads to be worked by the offenders, and the board of supervisors shall furnish transportation to and from the Parchman facility for offenders.
Miss. Code Ann. § 47-5-463 — MS Code / Title 47 / Chapter 3 / Section 5-463
Miss. Code Ann. § 47-5-463
Status: in_force

The Commissioner of Corrections may institute a procedure for granting passes and leaves to inmates participating under Sections 47-5-451 through 47-5-469 , and may grant such passes or leaves in deserving cases, not to exceed three (3) days or seventy-two (72) hours.
Miss. Code Ann. § 47-5-101 — MS Code / Title 47 / Chapter 5 / Section 5-101
Miss. Code Ann. § 47-5-101
Status: in_force

The classification and disciplinary hearing officers shall maintain a record of all actions and orders by minutes. The hearing officers shall meet on a regular basis.
Miss. Code Ann. § 47-5-31 — MS Code / Title 47 / Chapter 4 / Section 5-31
Miss. Code Ann. § 47-5-31
Status: in_force

The commissioner shall monthly make to the Governor and to the State Fiscal Management Board and to the Chairmen of the Corrections Committee of the Senate and Penitentiary Committee of the House of Representatives full and complete reports of the fiscal affairs of such correctional system and of the general conditions with relation thereto. Not more than thirty (30) days after the end of each fiscal year said commissioner shall give a full and complete inventory of all property of every description belonging to the correctional system, and there shall be set opposite each item the book value of same. Such inventory shall further include a statement of the fiscal affairs of such system as of the last day of the fiscal year; and a sufficient number of copies of such inventory and report shall be printed to give general publicity thereto.
Miss. Code Ann. § 47-5-535 — MS Code / Title 47 / Chapter 5 / Section 5-535
Miss. Code Ann. § 47-5-535
Status: in_force

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

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

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

(4) It is the further intent of the Legislature, that the nonprofit corporation which is required to be organized and formed under Sections 47-5-531 through 47-5-575 shall locate and operate prison industries at any state correctional facility with the approval of the Commissioner of Corrections. It is the intent of the Legislature that the nonprofit corporation locate and operate such industries in an orderly and expeditious manner. Such corporation may locate and operate prison industries at other prison satellites, at community work centers in the state, at any private correctional facility which houses state inmates and at any regional correctional facility as authorized under Section 47-5-931 . No industrial prison program shall be located at a site other than state prison facilities approved by the commissioner.
Miss. Code Ann. § 47-5-134 — MS Code / Title 47 / Chapter 4 / 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. § 47-7-1 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-155 — MS Code / Title 47 / Chapter 3 / Section 5-155
Miss. Code Ann. § 47-5-155
Status: in_force

There is hereby created a special fund to be known as the “Discharged Offenders Revolving Fund” to be maintained in a bank to be selected by the commissioner. It shall be the duty of the bank, so long as it retains such deposits, to make monthly reports to the State Treasurer of the State of Mississippi as to the condition of the funds on deposit in the depository. Such funds shall be used for the prompt payment in cash to all discharged, pardoned or paroled offenders such amounts as are provided by Section 47-5-157 . Upon the passage of this chapter, the Treasurer of the State of Mississippi shall transfer any funds in the State Treasury to the credit of the correctional system an amount which shall not exceed Ten Thousand Dollars ($10,000.00) to the Discharged Offenders Revolving Fund. The fund shall be replenished from time to time by the State Treasurer upon requisitions drawn by the commissioner which requisitions shall be supported by statements reflecting the names of the discharged offenders to whom payments have been made in accordance with the provisions of this chapter. Upon receipt of adequately supported requisitions, the State Auditor shall draw his warrants made payable to the Discharged Offenders Revolving Fund against any funds in the State Treasury to the credit of the correctional system.
Miss. Code Ann. § 47-5-455 — MS Code / Title 47 / Chapter 4 / Section 5-455
Miss. Code Ann. § 47-5-455
Status: in_force

Any county board of supervisors establishing a work program pursuant to Sections 47-5-451 through 47-5-469 may also establish a work camp to be used in carrying out the program, wherein inmates participating in the program may be housed.
Miss. Code Ann. § 47-7-33.1 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-94 — MS Code / Title 47 / Chapter 4 / Section 5-94
Miss. Code Ann. § 47-5-94
Status: in_force

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

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

Within thirty (30) days of the completion of the inspections provided for herein, the participants shall compile a written report of their findings which shall be submitted to the Governor, the Commissioner of Corrections and the Warden or Superintendent of the State Penitentiary at Parchman.
Miss. Code Ann. § 47-5-110.2 — MS Code / Title 47 / Chapter 5 / Section 5-110.2
Miss. Code Ann. § 47-5-110.2
Status: in_force

From and after January 1, 2017, no person to be sentenced to the custody of the Mississippi Department of Corrections shall be ordered to a Regimented Inmate Discipline (RID) program by any court of this state. The Department of Corrections shall either operate RID programs for inmates sentenced to such a program prior to January 1, 2017, or devise and implement suitable alternatives for any such inmates.
Miss. Code Ann. § 47-5-145 — MS Code / Title 47 / Chapter 5 / Section 5-145
Miss. Code Ann. § 47-5-145
Status: in_force

(1)(a) No offender shall have standing to file a change of name petition with the chancery court;

(b) No chancellor shall grant a change of name petition for an offender; and

(c) No chancery clerk shall file a change of name petition for an offender.

(2) A chancellor may change the name of an offender if:

(a) A district attorney files a change of name petition on behalf of an offender;

(b) A sheriff of a county in which a person is incarcerated files a change of name petition on behalf of an offender;

(c) The Commissioner of the Mississippi Department of Corrections, or his or her designee, files a change of name petition on behalf of an offender; or

(d) A Mississippi Department of Corrections Chaplain files a change of name petition on behalf of an offender.
Miss. Code Ann. § 47-5-517 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-142 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-137 — MS Code / Title 47 / Chapter 5 / Section 5-137
Miss. Code Ann. § 47-5-137
Status: in_force

Except as otherwise specifically provided by law, the use of offenders as servants, gardeners, chauffeurs, cooks, baby-sitters or domestic workers of any nature by an employee of the correctional system or by any other person in an individual household is hereby prohibited; provided, however, that the commissioner may use offenders for such work on the grounds of a facility of the correctional system.
Miss. Code Ann. § 47-1-45 — MS Code / Title 47 / Chapter 1 / Section 1-45
Miss. Code Ann. § 47-1-45
Status: in_force

The board of supervisors of each county is authorized to make contract with any village or small town within the county to work its convicts on the county farm. But in agreeing to take and work such convicts the board of supervisors shall not agree to pay more per day for the labor of any municipal convict than in its judgment the labor of such convict is worth to the county, in order that in the working of such municipal convicts the county shall not do so at a loss to the county.
Miss. Code Ann. § 47-5-191 — MS Code / Title 47 / Chapter 5 / Section 5-191
Miss. Code Ann. § 47-5-191
Status: in_force

As used in Sections 47-5-191 through 47-5-195 , “alcoholic beverage” shall have the meaning defined in Section 67-1-5 of the Local Option Alcoholic Beverage Control Law of the State of Mississippi; “controlled substance” means any substance defined as a controlled substance by the Uniform Controlled Substances Law of the State of Mississippi; “narcotic drug” means any substance defined as a narcotic drug by Section 41-29-105 ; “weapon or deadly weapon” shall mean any weapon or firearm mentioned in Section 97-37-1 , and any rifle or shotgun regardless of barrel length; and “contraband” means coin or currency, money orders, traveler's checks, promissory notes, credit cards, personal checks or other negotiable instruments, knives, sharpened instruments, tools, explosives, ammunition and drug paraphernalia as defined in Section 41-29-105(v) .
Miss. Code Ann. § 47-5-79 — MS Code / Title 47 / Chapter 3 / Section 5-79
Miss. Code Ann. § 47-5-79
Status: in_force

All contracts for the purchase of materials, supplies, equipment and sustenance for the offenders of the correctional system shall be made under the provisions of the state purchasing law, same being Sections 31-7-1 through 31-7-55 .
Miss. Code Ann. § 47-5-317 — MS Code / Title 47 / Chapter 3 / Section 5-317
Miss. Code Ann. § 47-5-317
Status: in_force

The Industries Division of the State Department of Corrections shall fix and determine the prices at which all articles or products manufactured or produced shall be furnished.
Miss. Code Ann. § 47-5-317 — MS Code / Title 47 / Chapter 1 / Section 5-317
Miss. Code Ann. § 47-5-317
Status: in_force

The Industries Division of the State Department of Corrections shall fix and determine the prices at which all articles or products manufactured or produced shall be furnished.
Miss. Code Ann. § 47-5-1005 — MS Code / Title 47 / Chapter 1 / Section 5-1005
Miss. Code Ann. § 47-5-1005
Status: in_force

(1) The department shall promulgate rules that prescribe reasonable guidelines under which an intensive supervision program shall operate. These rules shall include, but not be limited to, the following:

(a) The participant shall remain within the interior premises or within the property boundaries of his or her residence at all times during the hours designated by the correctional field officer.

(b) Approved absences from the home may include, but are not limited to, the following:

(i) Working or employment approved by the court or department and traveling to or from approved employment;

(ii) Unemployed and seeking employment approved for the participant by the court or department;

(iii) Undergoing medical, psychiatric, mental health treatment, counseling or other treatment programs approved for the participant by the court or department;

(iv) Attending an educational institution or a program approved for the participant by the court or department;

(v) Participating in community work release or a community service program approved for the participant by the court or department; or

(vi) For another compelling reason consistent with the public interest, as approved by the court or department.

(c) Except in case of a medical emergency and approval by the Commissioner of the Department of Corrections, or his designee, or by circuit court order for medical purposes, no participant in the intensive supervision program may leave the jurisdiction of the State of Mississippi.

(2) The department shall select and approve all electronic monitoring devices used under Sections 47-5-1001 through 47-5-1015 .

(3) The department may lease the equipment necessary to implement the intensive supervision program and to contract for the monitoring of such devices. The department is authorized to select the lowest price and best source in contracting for these services.
Miss. Code Ann. § 47-5-66 — MS Code / Title 47 / Chapter 3 / Section 5-66
Miss. Code Ann. § 47-5-66
Status: in_force

(1) Except as provided in Section 47-5-64(3) , it shall be the duty of the Department of Finance and Administration, with the approval of the Public Procurement Review Board, to lease lands at public contract upon the submission of two (2) or more sealed bids to the Department of Finance and Administration after having advertised the land for rent in newspapers of general circulation published in Jackson, Mississippi; Memphis, Tennessee; the county in which the land is located; and contiguous counties for a period of not less than two (2) successive weeks. The first publication shall be made not less than ten (10) days before the date of the public contract, and the last publication shall be made not more than seven (7) days before that date. The Department of Finance and Administration may reject any and all bids. If all bids on a tract or parcel of land are rejected, the Department of Finance and Administration may then advertise for new bids on that tract or parcel of land. Successful bidders shall take possession of their leaseholds at the time authorized by the Department of Finance and Administration. However, rent shall be due no later than the day upon which the lessee shall assume possession of the leasehold, and shall be due on the anniversary date for each following year of the lease. The Department of Finance and Administration may provide in any lease that rent shall be paid in full in advance or paid in installments, as may be necessary or appropriate. In addition, the Department of Finance and Administration may accept, and the lease may provide for, assignments of federal, state or other agricultural support payments, growing crops or the proceeds from the sale thereof, promissory notes, or any other good and valuable consideration offered by any lessee to meet the rent requirements of the lease. If a promissory note is offered by a lessee, it shall be secured by a first lien on the crop of the lessee, or the proceeds from the sale thereof. The lien shall be filed pursuant to Article 9 of the Uniform Commercial Code and Section 1324 of the Food Security Act of 1985, as enacted or amended. If the note is not paid at maturity, it shall bear interest at the rate provided for judgments and decrees in Section 75-17-7 from its maturity date until the note is paid. The note shall provide for the payment of all costs of collection and reasonable attorney's fees if default is made in the payment of the note. The payment of rent by promissory note or any means other than cash in advance shall be subject to the approval of the Public Procurement Review Board, which shall place the approval of record in the minutes of the board.

(2) There is created a special fund to be designated as the “Prison Agricultural Enterprises Fund” and to be used for the purpose of conducting, operating and managing the agricultural and nonagricultural enterprises of the department. Any monies derived from the leasing of Penitentiary lands, from the sales of timber as provided in Section 47-5-56 , from the prison's agricultural enterprises or earmarked for the Prison Industries Fund shall be deposited to the special fund. However, fifteen percent (15%) of the monies derived from the leasing of Penitentiary lands under Section 47-5-64(3) shall be deposited to a special fund to be distributed annually on a student pro rata basis to the public schools located in Sunflower County by the Department of Finance and Administration.

(3) All profits derived from prison industries shall be placed in a special fund in the State Treasury to be known as the “Prison Industries Fund,” to be appropriated each year by the Legislature to the nonprofit corporation, which is required to be organized under the provisions of Section 47-5-535 , for the purpose of operating and managing the prison industries.

(4) The state shall have the rights and remedies for the security and collection of the rents given by law to landlords.

(5) Lands leased for agricultural purposes under Section 47-5-64(2) shall be subject to a fee-in-lieu of ad valorem taxes, including taxes levied for school purposes. The fee-in-lieu shall be Nine Dollars ($9.00) per acre. Upon the execution of the agricultural leases to private entities as authorized by Section 47-5-64(2) , the Department of Finance and Administration shall collect the in lieu fee and shall forward the fees to the tax collector in which the land is located. The tax collector shall disburse the fees to the appropriate county or municipal governing authority on a pro rata basis. The sum apportioned to a school district shall not be less than the school district's pro rata share based upon the proportion that the millage imposed for the school district by the appropriate levying authority bears to the millage imposed by the levying authority for all other county or municipal purposes. Any funds obtained by the corporation as a result of sale of goods and services manufactured and provided by it shall be accounted for separate and apart from any funds received by the corporation through appropriation from the State Legislature. All nonappropriated funds generated by the corporation shall not be subject to appropriation by the State Legislature.

(6) Any land leased, as provided under Section 47-5-64(2) , shall not be leased for an amount less than would be received if such land were to be leased under any federal loan program. In addition, all leases shall be subject to the final approval of the Public Procurement Review Board before such leases are to become effective.
Miss. Code Ann. § 47-7-11 — MS Code / Title 47 / Chapter 3 / 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. § 47-4-7 — MS Code / Title 47 / Chapter 1 / Section 4-7
Miss. Code Ann. § 47-4-7
Status: in_force

(1) All private guards and jailers at private or public facilities shall have the same authority, power and jurisdiction as contractor's employees under the Special Needs Prison Program of 1994, if they meet the minimum training requirements for state employees performing similar duties at public correctional and detention facilities.

(2) Any inmate or person confined in a facility as provided for under subsection (1) of this section who escapes or attempts to escape from any such facility, and any person who aids or assists in such escape or attempted escape, shall be subject to the penalties as prescribed in Sections 97-9-25 through 97-9-49 . Any guard or jailer at any such facility shall be authorized to pursue and assist in the capture of any such escapee.
Miss. Code Ann. § 47-5-155 — MS Code / Title 47 / Chapter 4 / Section 5-155
Miss. Code Ann. § 47-5-155
Status: in_force

There is hereby created a special fund to be known as the “Discharged Offenders Revolving Fund” to be maintained in a bank to be selected by the commissioner. It shall be the duty of the bank, so long as it retains such deposits, to make monthly reports to the State Treasurer of the State of Mississippi as to the condition of the funds on deposit in the depository. Such funds shall be used for the prompt payment in cash to all discharged, pardoned or paroled offenders such amounts as are provided by Section 47-5-157 . Upon the passage of this chapter, the Treasurer of the State of Mississippi shall transfer any funds in the State Treasury to the credit of the correctional system an amount which shall not exceed Ten Thousand Dollars ($10,000.00) to the Discharged Offenders Revolving Fund. The fund shall be replenished from time to time by the State Treasurer upon requisitions drawn by the commissioner which requisitions shall be supported by statements reflecting the names of the discharged offenders to whom payments have been made in accordance with the provisions of this chapter. Upon receipt of adequately supported requisitions, the State Auditor shall draw his warrants made payable to the Discharged Offenders Revolving Fund against any funds in the State Treasury to the credit of the correctional system.
Miss. Code Ann. § 47-5-35 — MS Code / Title 47 / Chapter 1 / Section 5-35
Miss. Code Ann. § 47-5-35
Status: in_force

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

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

The auditor shall attend all the meetings of the board and shall be notified by the board of all meetings or specially called meetings. The Joint Legislative Committee on Performance Evaluation and Expenditure Review shall provide the auditor with a secretary and such personnel as it deems necessary.
Miss. Code Ann. § 47-5-727 — MS Code / Title 47 / Chapter 5 / Section 5-727
Miss. Code Ann. § 47-5-727
Status: in_force

Advancement of parole eligibility dates under Sections 47-5-701 through 47-5-729 shall occur independently of all other adjustments of the parole eligibility dates, such as advancing the parole eligibility dates as a result of receiving earned time allowances.
Miss. Code Ann. § 47-5-79 — MS Code / Title 47 / Chapter 1 / Section 5-79
Miss. Code Ann. § 47-5-79
Status: in_force

All contracts for the purchase of materials, supplies, equipment and sustenance for the offenders of the correctional system shall be made under the provisions of the state purchasing law, same being Sections 31-7-1 through 31-7-55 .
Miss. Code Ann. § 47-1-43 — MS Code / Title 47 / Chapter 1 / Section 1-43
Miss. Code Ann. § 47-1-43
Status: in_force

The board of supervisors of any county and the governing authorities of any municipality located within such county are hereby authorized to enter into agreements providing for the keeping of persons arrested for offenses committed within the county in which such municipality is located in the jail facilities of such municipality pending trial of such person. Such agreements may provide for the payment to the municipality by the board of supervisors from any available funds of the county of a sum not to exceed Five Dollars ($5.00) for each day or part thereof during which an offender may be confined in the jail of the municipality.
Miss. Code Ann. § 47-7-40 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-419 — MS Code / Title 47 / Chapter 5 / Section 5-419
Miss. Code Ann. § 47-5-419
Status: in_force

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

The Commissioner of Corrections may designate any employee of the State Department of Corrections to do and perform for the department any act or function Sections 47-5-401 through 47-5-421 empower the department to do or perform.
Miss. Code Ann. § 47-5-533 — MS Code / Title 47 / Chapter 1 / Section 5-533
Miss. Code Ann. § 47-5-533
Status: in_force

(1) It is the finding of the Legislature that prison industry programs of the State Department of Corrections are uniquely different from other programs operated or conducted by other departments in that it is essential to the state that the prison industry programs provide inmates with useful activities that can lead to meaningful employment after release in order to assist in reducing the return of inmates to the system.

(2) It is further the finding of the Legislature that the mission of a prison industry program is:

(a) To reduce the cost of state government by operating prison industries primarily with inmate labor, which industries do not seek to unreasonably compete with private enterprise;

(b) To serve the rehabilitative goals of the state by duplicating as nearly as possible, the operating activities of a free-enterprise type of profit-making enterprise; and

(c) To serve the security goals of the state by reducing the idleness of inmates and by providing an incentive for good behavior while in prison.