Miss. Code Ann. § 47-5-515 — MS Code / Title 47 / Chapter 4 / Section 5-515
Miss. Code Ann. § 47-5-515
Status: in_force

(1) The Department of Corrections shall establish work training programs in conjunction with private industry to provide training to offenders in those trades in which there is a shortage of workers.

(2) The commissioner may cooperate with private industry for the establishment of work training programs.

(3) Private industry shall provide the training at state correctional facilities.
Miss. Code Ann. § 47-1-57 — MS Code / Title 47 / Chapter 1 / Section 1-57
Miss. Code Ann. § 47-1-57
Status: in_force

(1) When any person confined in jail shall be in need of medical or surgical aid, the sheriff shall immediately examine the condition of such prisoner and, if he is of the opinion that the prisoner needs such aid, he shall call in a nurse or physician to attend him. If the prisoner be unable to pay the cost, the account of the nurse or physician, when allowed and certified as required in respect to accounts of sheriffs for keeping prisoners, shall be paid, in like manner, out of the treasury of the county in which a prisoner is charged with the crime for which he is imprisoned. The board of supervisors may contract with a physician for the jail by the year.

(2) The board of supervisors of any county may authorize the sheriff to establish a program under which prisoners expressing the need for non-emergency medical attention will have access to a registered nurse who will evaluate their condition and determine the necessity for treatment by a physician. Charges for such a visit with a registered nurse shall be paid by the prisoner by deductions made by the sheriff out of any funds of the prisoner held by the sheriff or in any other manner satisfactory to the sheriff; however, such prisoner shall not be required to pay out of funds of the prisoner held by the sheriff, more than Ten Dollars ($10.00) per visit. If the prisoner is unable to pay the cost, the cost shall be paid out of the county treasury in the same manner as provided for payment of other medical costs in subsection (1) of this section.
Miss. Code Ann. § 47-5-104 — MS Code / Title 47 / Chapter 1 / Section 5-104
Miss. Code Ann. § 47-5-104
Status: in_force

The commissioner shall designate a disciplinary hearing officer to hear evidence and to make decisions in all cases when an offender has been issued a rule violation report and is subject to be demoted or having earned time taken from him. All proceedings of a disciplinary hearing officer shall be taped and retained for at least three (3) years. The commissioner shall not attend any hearings whereby an offender is subject to be demoted or having earned time taken away.
Miss. Code Ann. § 47-7-81 — MS Code / Title 47 / Chapter 3 / Section 7-81
Miss. Code Ann. § 47-7-81
Status: in_force

The Governor, on behalf of this state, may execute a compact, in substantially the following form, and the Legislature signifies in advance its approval and ratification of such compact:

The compacting states to this interstate compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized, pursuant to the bylaws and rules of this compact, to travel across state lines both to and from each compacting state in such a manner as to: track the location of offenders; transfer supervision authority in an orderly and efficient manner; and when necessary, return offenders to the originating jurisdictions.

The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 USCS Section 112 (1965) , has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.

It is the purpose of this compact and the interstate commission created under this compact, through means of joint and cooperative action among the compacting states: to provide the framework for the promotion of public safety and to protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; to provide for the effective tracking, supervision and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits and obligations of the compact among the compacting states.

In addition, this compact will: create an interstate commission that will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies that will promulgate rules to achieve the purpose of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of compact activities to heads of state councils, state executive, judicial and legislative branches and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance; and coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity.

The compacting states recognize that there is no “right” of any offender to live in another state and that duly accredited officers of a sending state may enter a receiving state and apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated under the compact.

It is the policy of the compacting states that the activities conducted by the interstate commission created in this compact are the formation of public policies and are therefore public business.

As used in this compact, the following words and terms have the following meanings, unless a different meaning clearly appears from the context:

(a) “ Adult ” means individuals legally classified as adults and juveniles treated as adults by court order, statute or operation of law.

(b) “ Bylaws ” mean those bylaws established by the interstate commission for its governance or for directing or controlling the interstate commission's actions or conduct.

(c) “ Compact administrator ” means the individual in each compacting state appointed under this compact who is responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact.

(d) “ Compacting state ” means any state that has enacted the enabling legislation for this compact.

(e) “ Commissioner ” means the voting representative of each compacting state appointed under Article III of this compact.

(f) “ Interstate commission ” means the Interstate Commission for Adult Offender Supervision established by this compact.

(g) “ Member ” means the commissioner of a compacting state or the commissioner's designee, who shall be a person officially connected with the commissioner.

(h) “ Noncompacting state ” means any state that has not enacted the enabling legislation for this compact.

(i) “ Offender ” means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies.

(j) “ Person ” means any individual, corporation, business enterprise or other legal entity, either public or private.

(k) “ Rules ” mean acts of the interstate commission, duly promulgated pursuant to Article VII of this compact, substantially affecting interested parties in addition to the interstate commission, which shall have the force and effect of law in the compacting states.

(l) “ State ” means a state of the United States, the District of Columbia and any other territorial possessions of the United States.

(m) “ State council ” means the resident members of the respective state council for interstate adult offender supervision created by each state under Article III of this compact.

(A) The compacting states create the “Interstate Commission for Adult Offender Supervision.” The interstate commission shall be a body corporate and joint agency of the compacting states. The interstate commission shall have all the responsibilities, powers and duties set forth in this compact, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

(B) The interstate commission shall consist of commissioners selected and appointed by resident members of a state council for interstate adult offender supervision or the Governor for each state. While each member state may determine the membership of its own state council, its membership must include at least one (1) representative from the legislative, judicial and executive branches of government, victims groups and compact administrators. The Mississippi state council will be appointed by the compact administrator. The compact administrator also may appoint additional representatives to the state council when he deems such appointments necessary. The commissioner of corrections or his designee shall serve as the compact administrator and as the state's commissioner on the interstate commission in such capacity pursuant to applicable law of the member state. Each compacting state retains the right to determine the qualifications of the compact administrator who shall be appointed by the Governor.

The commissioner of corrections shall serve as compact administrator and chairperson of the state council for interstate adult offender supervision. If the commissioner of corrections appoints a designee, the designee must be a deputy commissioner of corrections or the division director in the office of community corrections that has operational authority over the interstate compact division.

The term of office for state council members shall be four (4) years. The state council shall meet at least twice a year. The state council may advise the compact administrator on participation in the interstate commission activities and administration of the compact. Members of the council are entitled to reimbursement for travel and expenses related to the interstate commission as provided by state law.

In addition to appointment of its commissioner to the National Interstate Commission, each state council shall exercise oversight and advocacy concerning its participation in interstate commission activities and other duties as may be determined by each member state, including, but not limited to, development of policy concerning operations and procedures of the compact within that state.

(C) In addition to the commissioners who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners, but who are members of interested organizations; the noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All noncommissioner members of the interstate commission shall be ex officio (nonvoting) members. The interstate commission may provide in its bylaws for such additional, ex officio (nonvoting) members as it deems necessary.

(D) Each compacting state represented at any meeting of the interstate commission is entitled to one (1) vote. A majority of the compacting states constitutes a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.

(E) The interstate commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of twenty-seven (27) or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.

(F) The interstate commission shall establish an executive committee that shall include commission officers, members and others as determined by the bylaws. The executive committee has the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rule-making or amendment to the compact, or both. The executive committee: oversees the day-to-day activities managed by the executive director and interstate commission staff; administers enforcement and compliance with the provisions of the compact, its bylaws and as directed by the interstate commission; and performs other duties as directed by the commission or set forth in the bylaws.

The interstate commission shall have the following powers:

(1) To adopt a seal and suitable bylaws governing the management and operation of the interstate commission.

(2) To promulgate rules that have the force and effect of statutory law and are binding in the compacting states to the extent and in the manner provided in this compact.

(3) To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any bylaws adopted and rules promulgated by the compact commission.

(4) To enforce compliance with compact provisions, interstate commission rules and bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process.

(5) To establish and maintain offices.

(6) To purchase and maintain insurance and bonds.

(7) To borrow, accept or contract for services of personnel, including, but not limited to, members and their staffs.

(8) To establish and appoint committees and hire staff that it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder.

(9) To elect or appoint such officers, attorneys, employees, agents or consultants and to fix their compensation, define their duties and determine their qualifications; and to establish the interstate commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel.

(10) To accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of same.

(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed.

(12) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed.

(13) To establish a budget and make expenditures and levy dues as provided in Article IX of this compact.

(14) To sue and be sued.

(15) To provide for dispute resolution among compacting states.

(16) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

(17) To report annually to the legislatures, governors, judiciary and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. These reports shall include any recommendations that may have been adopted by the interstate commission.

(18) To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in that activity.

(19) To establish uniform standards for the reporting, collecting and exchanging of data.

Section A. Bylaws

The interstate commission, by a majority of the members within twelve (12) months of the first interstate commission meeting, shall adopt such bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:

(a) Establishing the fiscal year of the interstate commission;

(b) Establishing an executive committee and such other committees as may be necessary;

(c) Providing reasonable standards and procedures: (i) for the establishment of committees; and (ii) governing any general or specific delegation of any authority or function of the interstate commission;

(d) Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each commission meeting;

(e) Establishing the titles and responsibilities of the officers of the interstate commission;

(f) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall govern exclusively the personnel policies and programs of the interstate commission;

(g) Providing a mechanism for concluding the operations of the interstate commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment or reserving, or both, of all of its debts and obligations;

(h) Providing transition rules for the “start up” administration of the compact; and

(i) Establishing standards and procedures for compliance and technical assistance in carrying out the compact.

Section B. Officers and Staff

(1) The interstate commission shall elect from among its members, by a majority of the members, a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice chairperson, shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission; however, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.

(2) The interstate commission, through its executive committee, shall appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, and hire and supervise such other staff as may be authorized by the interstate commission, but the executive director shall not be a member of the interstate commission.

Section C. Corporate Records of the Interstate Commission

The interstate commission shall maintain its corporate books and records in accordance with the bylaws.

Section D. Qualified Immunity, Defense and Indemnification

(1) The members, officers, executive director and employees of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities; however, nothing in this paragraph may be construed to protect any such person from suit or liability, or both, for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.

(2) The interstate commission shall defend the commissioner of a compacting state, or the commissioner's representatives or employees, or the interstate commission's representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or which the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities if the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.

(3) The interstate commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the interstate commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or which such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities if the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person.

(1) The interstate commission shall meet and take such actions as are consistent with this compact.

(2) Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the interstate commission, the act must be taken at a meeting of the interstate commission and must receive an affirmative vote of a majority of the members present.

(3) Each member of the interstate commission has the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person on behalf of the state and may not delegate a vote to another member state. However, the compact administrator shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person.

(4) The interstate commission shall meet at least once during each calendar year. The chairperson of the interstate commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.

(5) The interstate commission's bylaws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent that they would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the interstate commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

(6) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission shall promulgate rules consistent with the principles contained in the “Government in Sunshine Act,” 5 USCS Section 552(b) , as may be amended. The interstate commission and any of its committees may close a meeting to the public where it determines, by two-thirds ( 2 / 3 ) vote, that an open meeting would be likely to: (a) relate solely to the interstate commission's internal personnel practices and procedures; (b) disclose matters specifically exempted from disclosure by statute; (c) disclosure trade secrets or commercial or financial information which is privileged or confidential; (d) involve accusing any person of a crime or formally censuring any person; (e) disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (f) disclose investigatory records compiled for law enforcement purposes; (g) disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the interstate commission with respect to a regulated entity for the purpose of regulation or supervision of such entity; (h) disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; (i) specifically relate to the interstate commission's issuance of a subpoena, or its participation in a civil action or proceeding.

(7) For every meeting closed pursuant to this provision, the interstate commission's chief legal officer shall certify publicly that, in the legal officer's opinion, the meeting may be closed to the public and shall reference each relevant exemptive provision. The interstate commission shall keep minutes that shall describe fully and clearly, all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken and the reasons therefor, including, a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.

(8) The interstate commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules, which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.

(1) The interstate commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact, including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states.

(2) Rule-making shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rule-making shall substantially conform to the principles of the federal Administrative Procedure Act, 5 USCS Section 551 et seq., and the Federal Advisory Committee Act, 5 USCS App. 2, Section 1 et seq., as may be amended (hereinafter “APA”).

(3) All rules and amendments shall become binding as of the date specified in each rule or amendment.

(4) If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then that rule shall have no further force and effect in any compacting state.

(5) When promulgating a rule, the interstate commission shall: (a) publish the proposed rule stating with particularity the text of the rule that is proposed and the reason for the proposed rule; (b) allow persons to submit written data, facts, opinions and arguments, which information shall be publicly available; (c) provide an opportunity for an informal hearing; and (d) promulgate a final rule and its effective date, if appropriate, based on the rule-making record.

(6) Not later than sixty (60) days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the federal district court where the interstate commission's principal office is located for judicial review of the rule. If the court finds that the interstate commission's action is not supported by substantial evidence (as defined in the APA) in the rule-making record, the court shall hold the rule unlawful and set it aside.

(7) Subjects to be addressed within twelve (12) months after the first meeting must include, at a minimum: (a) notice to victims and opportunity to be heard; (b) offender registration and compliance; (c) violations and returns; (d) transfer procedures and forms; (e) eligibility for transfer; (f) collection of restitution and fees from offenders; (g) data collection and reporting; (h) the level of supervision to be provided by the receiving state; (i) transition rules governing the operation of the compact and the interstate commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact; and (j) mediation, arbitration and dispute resolution.

The existing rules governing the operation of the previous compact superceded by this compact shall be null and void twelve (12) months after the first meeting of the interstate commission created under this compact.

(8) Upon determination by the interstate commission that an emergency exists, the interstate commission may promulgate an emergency rule that shall become effective immediately upon adoption; however, the usual rule-making procedures provided under this compact shall be applied retroactively to that rule as soon as reasonably possible, and in no event, later than ninety (90) days after the effective date of the rule.

Section A. Oversight

(1) The interstate commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which significantly may affect compacting states.

(2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission, the interstate commission shall be entitled to receive all service of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes.

Section B. Dispute Resolution

(1) The compacting states shall report to the interstate commission on issues or activities of concern to them and shall cooperate with and support the interstate commission in the discharge of its duties and responsibilities.

(2) The interstate commission shall attempt to resolve any disputes or other issues that are subject to the compact and which may arise among compacting states and noncompacting states.

(3) The interstate commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

Section C. Enforcement

The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in Article XI, Section B, of this compact.

Section D. Retaking Cases From Another Jurisdiction

The duly accredited officers of a sending state may enter a receiving state and apprehend and retake any person on probation or parole according to the laws of the United States. For that purpose, the sending state must establish the authority of the officer and the identity of the person or persons to be retaken. The person or persons must be afforded a preliminary hearing consistent with due process requirements under the United States Constitution as interpreted by the Supreme Court of the United States. All legal requirements to extradition of fugitives from justice are waived expressly on the part of states that are parties to this compact as to such persons. The decision of the sending state to retake a person on probation or parole is conclusive and not reviewable within the receiving state; however, if, at the time a state seeks to retake a probationer or parolee, there is pending against him within the receiving state a criminal charge or if he is suspected of having committed within that state a criminal offense, the probationer or parolee may not be retaken without the consent of the receiving state until the probationer or parolee is discharged from prosecution or from imprisonment for such offense. The duly accredited officers of the sending state may transport prisoners being retaken through any state that is a party to this compact without interference.

(1) The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

(2) The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff, which levy must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state. The interstate commission shall promulgate a rule binding upon all compacting states which governs the assessment.

(3) The interstate commission shall not incur any obligations of any kind before securing the funds adequate to meet the obligations. The interstate commission may not pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

(4) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the interstate commission.

(1) Any state, as defined in Article II of this compact, is eligible to become a compacting state.

(2) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five (35) of the states. The initial effective date shall be the later of July 1, 2004, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter, it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The governors of nonmember states or their designees will be invited to participate in interstate commission activities on a nonvoting basis before adoption of the compact by all states and territories of the United States.

(3) Amendments to the compact may be proposed by the interstate commission for enactment by the compacting states. No amendment shall become effective and binding upon the interstate commission and the compacting states unless it is enacted into law by unanimous consent of the compacting states.

Section A. Withdrawal

(1) Once effective, the compact shall continue in force and remain binding upon every compacting state; however, a compacting state may withdraw from the compact (“withdrawing state”) by enacting a statute specifically repealing the statute that enacted the compact into law.

(2) The effective date of withdrawal is the effective date of the repeal.

(3) The withdrawing state shall notify immediately the chairperson of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state.

(4) The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty (60) days of its receipt of the notification.

(5) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.

(6) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.

Section B. Default

(1) If the interstate commission determines that any compacting state has at any time defaulted (“defaulting state”) in the performance of any of its obligations or responsibilities under this compact, the bylaws or any duly promulgated rules, the interstate commission may impose any or all of the following penalties:

(a) Fines, fees and costs in such amounts as are deemed to be reasonable, as fixed by the interstate commission;

(b) Remedial training and technical assistance as directed by the interstate commission;

(c) Suspension and termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension shall be given by the interstate commission: to the Governor, the Chief Justice or chief judicial officer of the state; the majority and minority leaders of the defaulting state's Legislature; and the state council. The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, interstate commission bylaws or duly promulgated rules. The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission on the defaulting state pending a cure of the default. The interstate commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the interstate commission, in addition to any other penalties imposed, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of suspension.

(2) Within sixty (60) days of the effective date of termination of a defaulting state, the interstate commission shall notify the governor, the chief justice or chief judicial officer and the majority and minority leaders of the defaulting state's legislature and the state council of such termination.

(3) The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.

(4) The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the interstate commission and the defaulting state.

(5) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules.

Section C. Judicial Enforcement

The interstate commission by majority vote of the members, may initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its offices to enforce compliance with the compact, its duly promulgated rules and bylaws against any compacting state in default. If judicial enforcement is necessary, the prevailing party shall be awarded all costs of the litigation, including reasonable attorney's fees.

Section D. Dissolution of Compact

(1) The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one (1) compacting state.

(2) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.

(1) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

(2) The provisions of this compact shall be liberally construed to effectuate its purposes.

Section A. Other Laws

(1) Nothing in this compact prevents the enforcement of any other law of a compacting state which is not inconsistent with this compact.

(2) All compacting states' laws conflicting with this compact are superseded to the extent of the conflict.

Section B. Binding Effect of the Compact

(1) All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding upon the compacting states.

(2) All agreements between the interstate commission and the compacting states are binding in accordance with their terms.

(3) Upon the request of a party to a conflict over the meaning or interpretation of interstate commission actions, and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation.

(4) If any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective, and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency of that state to which the obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.
Miss. Code Ann. § 47-5-711 — MS Code / Title 47 / Chapter 4 / Section 5-711
Miss. Code Ann. § 47-5-711
Status: in_force

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

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

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

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

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

If the Governor exercises a power under paragraph (a) or (b) of this section, he shall state the reasons for the exercise of such power in the notification of his action to the Commissioner of Corrections and the State Parole Board.
Miss. Code Ann. § 47-5-75 — MS Code / Title 47 / Chapter 3 / 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. § 47-7-4 — MS Code / Title 47 / Chapter 4 / Section 7-4
Miss. Code Ann. § 47-7-4
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) The Mississippi Department of Corrections may enter into contracts to facilitate the housing of paroled inmates under this subsection (2). The Mississippi Department of Corrections shall appoint a specialist in the appropriate field of medicine, who is not employed by the department, to evaluate the condition of the inmate considered for parole under this subsection (2) and to report on that condition to the department and the State Parole Board. The State Parole Board shall determine whether the inmate is medically frail in consultation with the Mississippi Department of Health.
Miss. Code Ann. § 47-5-721 — MS Code / Title 47 / Chapter 1 / Section 5-721
Miss. Code Ann. § 47-5-721
Status: in_force

If at any time during a state of emergency the Governor determines that the continuation of the state of emergency is injurious to the public good or raises the potential of threatening the safety of the public in the state as a whole or in a particular community, he may order the state of emergency terminated.
Miss. Code Ann. § 47-7-27 — MS Code / Title 47 / Chapter 1 / Section 7-27
Miss. Code Ann. § 47-7-27
Status: in_force

(1) The board may, at any time and upon a showing of probable violation of parole, issue a warrant for the return of any paroled offender to the custody of the department. The warrant shall authorize all persons named therein to return the paroled offender to actual custody of the department from which he was paroled.

(2) Any field supervisor may arrest an offender without a warrant or may deputize any other person with power of arrest by giving him a written statement setting forth that the offender has, in the judgment of that field supervisor, violated the conditions of his parole or earned-release supervision. The written statement delivered with the offender by the arresting officer to the official in charge of the department facility from which the offender was released or other place of detention designated by the department shall be sufficient warrant for the detention of the offender.

(3) The field supervisor, after making an arrest, shall present to the detaining authorities a similar statement of the circumstances of violation. The field supervisor shall at once notify the board or department of the arrest and detention of the offender and shall submit a written report showing in what manner the offender has violated the conditions of parole or earned-release supervision. An offender for whose return a warrant has been issued by the board shall, after the issuance of the warrant, be deemed a fugitive from justice.

(4) Whenever an offender is arrested on a warrant for an alleged violation of parole as herein provided, the board shall hold an informal preliminary hearing within seventy-two (72) hours to determine whether there is reasonable cause to believe the person has violated a condition of parole. A preliminary hearing shall not be required when the offender is not under arrest on a warrant or the offender signed a waiver of a preliminary hearing. The preliminary hearing may be conducted electronically.

(5) The right of the State of Mississippi to extradite persons and return fugitives from justice, from other states to this state, shall not be impaired by this chapter and shall remain in full force and effect. An offender convicted of a felony committed while on parole, whether in the State of Mississippi or another state, shall immediately have his parole revoked upon presentment of a certified copy of the commitment order to the board. If an offender is on parole and the offender is convicted of a felony for a crime committed prior to the offender being placed on parole, whether in the State of Mississippi or another state, the offender may have his parole revoked upon presentment of a certified copy of the commitment order to the board.

(6)(a) The board shall hold a hearing for any parolee who is detained as a result of a warrant or a violation report within twenty-one (21) days of the parolee's admission to detention. The board may, in its discretion, terminate the parole or modify the terms and conditions thereof. If the board revokes parole for one or more technical violations the board shall impose a period of imprisonment to be served in a technical violation center operated by the department not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation. For the third revocation, the board may impose a period of imprisonment to be served in a technical violation center for up to one hundred and eighty (180) days or the board may impose the remainder of the suspended portion of the sentence. For the fourth and any subsequent revocation, the board may impose up to the remainder of the suspended portion of the sentence. The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

(b) If the board does not hold a hearing or does not take action on the violation within the twenty-one-day time frame in paragraph (a) of this subsection, the parolee shall be released from detention and shall return to parole status. The board may subsequently hold a hearing and may revoke parole or may continue parole and modify the terms and conditions of parole. If the board revokes parole for one or more technical violations the board shall impose a period of imprisonment to be served in a technical violation center operated by the department not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation. For the third revocation, the board may impose a period of imprisonment to be served in a technical violation center for up to one hundred eighty (180) days or the board may impose the remainder of the suspended portion of the sentence. For the fourth and any subsequent revocation, the board may impose up to the remainder of the suspended portion of the sentence. The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

(c) For a parolee charged with one or more technical violations who has not been detained awaiting the revocation hearing, the board may hold a hearing within a reasonable time. The board may revoke parole or may continue parole and modify the terms and conditions of parole. If the board revokes parole for one or more technical violations the board shall impose a period of imprisonment to be served in a technical violation center operated by the department not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation. For the third revocation, the board may impose a period of imprisonment to be served in a technical violation center for up to one hundred eighty (180) days or the board may impose the remainder of the suspended portion of the sentence. For the fourth and any subsequent revocation, the board may impose up to the remainder of the suspended portion of the sentence. The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

(7) Unless good cause for the delay is established in the record of the proceeding, the parole revocation charge shall be dismissed if the revocation hearing is not held within the thirty (30) days of the issuance of the warrant.

(8) The chairman and each member of the board and the designated parole revocation hearing officer may, in the discharge of their duties, administer oaths, summon and examine witnesses, and take other steps as may be necessary to ascertain the truth of any matter about which they have the right to inquire.

(9) The board shall provide semiannually to the Oversight Task Force the number of warrants issued for an alleged violation of parole, the average time between detention on a warrant and preliminary hearing, the average time between detention on a warrant and revocation hearing, the number of ninety-day sentences in a technical violation center issued by the board, the number of one-hundred-twenty-day sentences in a technical violation center issued by the board, the number of one-hundred-eighty-day sentences issued by the board, and the number and average length of the suspended sentences imposed by the board in response to a violation.
Miss. Code Ann. § 47-7-3 — MS Code / Title 47 / Chapter 4 / Section 7-3
Miss. Code Ann. § 47-7-3
Status: repealed

(1) Every prisoner who has been convicted of any offense against the State of Mississippi, and is confined in the execution of a judgment of such conviction in the Mississippi Department of Corrections for a definite term or terms of one (1) year or over, or for the term of his or her natural life, whose record of conduct shows that such prisoner has observed the rules of the department, and who has served the minimum required time for parole eligibility, may be released on parole as set forth herein:

(a) Habitual offenders. Except as provided by Sections 99-19-81 through 99-19-87 , no person sentenced as a confirmed and habitual criminal shall be eligible for parole;

(b) Sex offenders. Any person who has been sentenced for a sex offense as defined in Section 45-33-23(h) shall not be released on parole except for a person under the age of nineteen (19) who has been convicted under Section 97-3-67 ;

(c) Capital offenders. No person sentenced for the following offenses shall be eligible for parole:

(i) Capital murder committed on or after July 1, 1994, as defined in Section 97-3-19(2) ;

(ii) Any offense to which an offender is sentenced to life imprisonment under the provisions of Section 99-19-101 ; or

(iii) Any offense to which an offender is sentenced to life imprisonment without eligibility for parole under the provisions of Section 99-19-101 , whose crime was committed on or after July 1, 1994;

(d) Murder. No person sentenced for murder in the first degree, whose crime was committed on or after June 30, 1995, or murder in the second degree, as defined in Section 97-3-19 , shall be eligible for parole;

(e) Human trafficking. No person sentenced for human trafficking, as defined in Section 97-3-54.1 , whose crime was committed on or after July 1, 2014, shall be eligible for parole;

(f) Drug trafficking. No person sentenced for trafficking and aggravated trafficking, as defined in Section 41-29-139(f) through (g) , shall be eligible for parole;

(g) Offenses specifically prohibiting parole release. No person shall be eligible for parole who is convicted of any offense that specifically prohibits parole release;

(h)(i) Offenders eligible for parole consideration for offenses committed after June 30, 1995. Except as provided in paragraphs (a) through (g) of this subsection, offenders may be considered eligible for parole release as follows:

1. Nonviolent crimes. All persons sentenced for a nonviolent offense shall be eligible for parole only after they have served twenty-five percent (25%) or ten (10) years, whichever is less, of the sentence or sentences imposed by the trial court. For purposes of this paragraph, “ nonviolent crime ” means a felony not designated as a crime of violence in Section 97-3-2 .

2. Violent crimes. A person who is sentenced for a violent offense as defined in Section 97-3-2 , except robbery with a deadly weapon as defined in Section 97-3-79 , drive-by shooting as defined in Section 97-3-109 , and carjacking as defined in Section 97-3-117 , shall be eligible for parole only after having served fifty percent (50%) or twenty (20) years, whichever is less, of the sentence or sentences imposed by the trial court. Those persons sentenced for robbery with a deadly weapon as defined in Section 97-3-79 , drive-by shooting as defined in Section 97-3-109 , and carjacking as defined in Section 97-3-117 , shall be eligible for parole only after having served sixty percent (60%) or twenty-five (25) years, whichever is less, of the sentence or sentences imposed by the trial court.

3. Nonviolent and nonhabitual drug offenses. A person who has been sentenced to a drug offense pursuant to Section 41-29-139(a) through (d) , whose crime was committed after June 30, 1995, shall be eligible for parole only after he has served twenty-five percent (25%) or ten (10) years, whichever is less, of the sentence or sentences imposed.

(ii) Parole hearing required. All persons eligible for parole under subparagraph (i) of this paragraph (h) who are serving a sentence or sentences for a crime of violence, as defined in Section 97-3-2 , shall be required to have a parole hearing before the Parole Board pursuant to Section 47-7-17 , prior to parole release.

(iii) Geriatric parole. Notwithstanding the provisions in subparagraph (i) of this paragraph (h), a person serving a sentence who has reached the age of sixty (60) or older and who has served no less than ten (10) years of the sentence or sentences imposed by the trial court shall be eligible for parole. Any person eligible for parole under this subparagraph (iii) shall be required to have a parole hearing before the board prior to parole release. No inmate shall be eligible for parole under this subparagraph (iii) of this paragraph (h) if:

1. The inmate is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87 ;

2. The inmate is sentenced for a crime of violence under Section 97-3-2 ;

3. The inmate is sentenced for an offense that specifically prohibits parole release;

4. The inmate is sentenced for trafficking in controlled substances under Section 41-29-139(f) ;

5. The inmate is sentenced for a sex crime; or

6. The inmate has not served one-fourth ( 1 / 4 ) of the sentence imposed by the court.

(iv) Parole consideration as authorized by the trial court. Notwithstanding the provisions of paragraph (a) of this subsection, any offender who has not committed a crime of violence under Section 97-3-2 and has served twenty-five percent (25%) or more of his sentence may be paroled by the State Parole Board if, after the sentencing judge or if the sentencing judge is retired, disabled or incapacitated, the senior circuit judge authorizes the offender to be eligible for parole consideration; or if the senior circuit judge must be recused, another circuit judge of the same district or a senior status judge may hear and decide the matter. A petition for parole eligibility consideration pursuant to this subparagraph (iv) shall be filed in the original criminal cause or causes, and the offender shall serve an executed copy of the petition on the District Attorney. The court may, in its discretion, require the District Attorney to respond to the petition.

(2) The State Parole Board shall, by rules and regulations, establish a method of determining a tentative parole hearing date for each eligible offender taken into the custody of the Department of Corrections. The tentative parole hearing date shall be determined within ninety (90) days after the department has assumed custody of the offender. Except as provided in Section 47-7-18 , the parole hearing date shall occur when the offender is within thirty (30) days of the month of his parole eligibility date. Any parole eligibility date shall not be earlier than as required in this section.

(3) Notwithstanding any other provision of law, an inmate shall not be eligible to receive earned time, good time or any other administrative reduction of time which shall reduce the time necessary to be served for parole eligibility as provided in subsection (1) of this section.

(4) Any inmate within forty-eight (48) months of his parole eligibility date and who meets the criteria established by the classification board shall receive priority for placement in any educational development and job-training programs that are part of his or her parole case plan. Any inmate refusing to participate in an educational development or job-training program, including, but not limited to, programs required as part of the case plan, shall be in jeopardy of noncompliance with the case plan and may be denied parole.

(5) In addition to other requirements, if an offender is convicted of a drug or driving under the influence felony, the offender must complete a drug and alcohol rehabilitation program prior to parole, or the offender shall be required to complete a postrelease drug and alcohol program as a condition of parole.

(6) Except as provided in subsection (1)(a) through (h) of this section, all other persons shall be eligible for parole after serving twenty-five percent (25%) of the sentence or sentences imposed by the trial court, or, if sentenced to thirty (30) years or more, after serving ten (10) years of the sentence or sentences imposed by the trial court.

(7) The Corrections and Criminal Justice Oversight Task Force established in Section 47-5-6 shall develop and submit recommendations to the Governor and to the Legislature annually on or before December 1st concerning issues relating to juvenile and habitual offender parole reform and to review and monitor the implementation of Chapter 479, Laws of 2021.

(8) The amendments contained in Chapter 479, Laws of 2021, shall apply retroactively from and after July 1, 1995.

(9) Notwithstanding provisions to the contrary in this section, a person who was sentenced before July 1, 2021, may be considered for parole if the person's sentence would have been parole eligible before July 1, 2021.

(10) This section shall stand repealed on July 1, 2027.
Miss. Code Ann. § 47-7-3.2 — MS Code / Title 47 / Chapter 3 / Section 7-3.2
Miss. Code Ann. § 47-7-3.2
Status: in_force

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

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

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

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

(2) This section shall not apply to:

(a) Offenders sentenced to life imprisonment;

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

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

(d) Offenders serving a sentence for trafficking pursuant to Section 41-29-139(f) .
Miss. Code Ann. § 47-7-83 — MS Code / Title 47 / Chapter 7 / Section 7-83
Miss. Code Ann. § 47-7-83
Status: in_force

Pursuant to the Interstate Compact for Adult Offender Supervision, the Department of Corrections may assume the duties of supervision over offenders of any sending state who were convicted of misdemeanors. The Department of Corrections may not supervise offenders convicted of misdemeanors of states that are not participating in the compact.
Miss. Code Ann. § 47-5-938 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-945 — MS Code / Title 47 / Chapter 5 / Section 5-945
Miss. Code Ann. § 47-5-945
Status: in_force

The Department of Corrections shall contract for the purposes set out in Section 47-5-943 for a period of not more than twenty (20) years. The Department of Corrections may include in the contract, as an inflation factor, a three percent (3%) annual increase in the contract price. The state shall retain responsibility for medical care for state offenders to the extent that is required by law.
Miss. Code Ann. § 47-5-421 — MS Code / Title 47 / Chapter 3 / Section 5-421
Miss. Code Ann. § 47-5-421
Status: in_force

The provisions of Sections 47-5-401 through 47-5-421 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 47-5-401 through 47-5-421 become law may be continued pursuant to such local law and shall not be affected in any way by Sections 47-5-401 through 47-5-421 . The county conducting such program may, however, at its option convert the program to a program to be governed by Sections 47-5-401 through 47-5-421 .
Miss. Code Ann. § 47-7-81 — MS Code / Title 47 / Chapter 7 / Section 7-81
Miss. Code Ann. § 47-7-81
Status: in_force

The Governor, on behalf of this state, may execute a compact, in substantially the following form, and the Legislature signifies in advance its approval and ratification of such compact:

The compacting states to this interstate compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized, pursuant to the bylaws and rules of this compact, to travel across state lines both to and from each compacting state in such a manner as to: track the location of offenders; transfer supervision authority in an orderly and efficient manner; and when necessary, return offenders to the originating jurisdictions.

The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 USCS Section 112 (1965) , has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.

It is the purpose of this compact and the interstate commission created under this compact, through means of joint and cooperative action among the compacting states: to provide the framework for the promotion of public safety and to protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; to provide for the effective tracking, supervision and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits and obligations of the compact among the compacting states.

In addition, this compact will: create an interstate commission that will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies that will promulgate rules to achieve the purpose of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of compact activities to heads of state councils, state executive, judicial and legislative branches and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct noncompliance; and coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity.

The compacting states recognize that there is no “right” of any offender to live in another state and that duly accredited officers of a sending state may enter a receiving state and apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated under the compact.

It is the policy of the compacting states that the activities conducted by the interstate commission created in this compact are the formation of public policies and are therefore public business.

As used in this compact, the following words and terms have the following meanings, unless a different meaning clearly appears from the context:

(a) “ Adult ” means individuals legally classified as adults and juveniles treated as adults by court order, statute or operation of law.

(b) “ Bylaws ” mean those bylaws established by the interstate commission for its governance or for directing or controlling the interstate commission's actions or conduct.

(c) “ Compact administrator ” means the individual in each compacting state appointed under this compact who is responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the interstate commission and policies adopted by the state council under this compact.

(d) “ Compacting state ” means any state that has enacted the enabling legislation for this compact.

(e) “ Commissioner ” means the voting representative of each compacting state appointed under Article III of this compact.

(f) “ Interstate commission ” means the Interstate Commission for Adult Offender Supervision established by this compact.

(g) “ Member ” means the commissioner of a compacting state or the commissioner's designee, who shall be a person officially connected with the commissioner.

(h) “ Noncompacting state ” means any state that has not enacted the enabling legislation for this compact.

(i) “ Offender ” means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies.

(j) “ Person ” means any individual, corporation, business enterprise or other legal entity, either public or private.

(k) “ Rules ” mean acts of the interstate commission, duly promulgated pursuant to Article VII of this compact, substantially affecting interested parties in addition to the interstate commission, which shall have the force and effect of law in the compacting states.

(l) “ State ” means a state of the United States, the District of Columbia and any other territorial possessions of the United States.

(m) “ State council ” means the resident members of the respective state council for interstate adult offender supervision created by each state under Article III of this compact.

(A) The compacting states create the “Interstate Commission for Adult Offender Supervision.” The interstate commission shall be a body corporate and joint agency of the compacting states. The interstate commission shall have all the responsibilities, powers and duties set forth in this compact, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

(B) The interstate commission shall consist of commissioners selected and appointed by resident members of a state council for interstate adult offender supervision or the Governor for each state. While each member state may determine the membership of its own state council, its membership must include at least one (1) representative from the legislative, judicial and executive branches of government, victims groups and compact administrators. The Mississippi state council will be appointed by the compact administrator. The compact administrator also may appoint additional representatives to the state council when he deems such appointments necessary. The commissioner of corrections or his designee shall serve as the compact administrator and as the state's commissioner on the interstate commission in such capacity pursuant to applicable law of the member state. Each compacting state retains the right to determine the qualifications of the compact administrator who shall be appointed by the Governor.

The commissioner of corrections shall serve as compact administrator and chairperson of the state council for interstate adult offender supervision. If the commissioner of corrections appoints a designee, the designee must be a deputy commissioner of corrections or the division director in the office of community corrections that has operational authority over the interstate compact division.

The term of office for state council members shall be four (4) years. The state council shall meet at least twice a year. The state council may advise the compact administrator on participation in the interstate commission activities and administration of the compact. Members of the council are entitled to reimbursement for travel and expenses related to the interstate commission as provided by state law.

In addition to appointment of its commissioner to the National Interstate Commission, each state council shall exercise oversight and advocacy concerning its participation in interstate commission activities and other duties as may be determined by each member state, including, but not limited to, development of policy concerning operations and procedures of the compact within that state.

(C) In addition to the commissioners who are the voting representatives of each state, the interstate commission shall include individuals who are not commissioners, but who are members of interested organizations; the noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All noncommissioner members of the interstate commission shall be ex officio (nonvoting) members. The interstate commission may provide in its bylaws for such additional, ex officio (nonvoting) members as it deems necessary.

(D) Each compacting state represented at any meeting of the interstate commission is entitled to one (1) vote. A majority of the compacting states constitutes a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission.

(E) The interstate commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of twenty-seven (27) or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.

(F) The interstate commission shall establish an executive committee that shall include commission officers, members and others as determined by the bylaws. The executive committee has the power to act on behalf of the interstate commission during periods when the interstate commission is not in session, with the exception of rule-making or amendment to the compact, or both. The executive committee: oversees the day-to-day activities managed by the executive director and interstate commission staff; administers enforcement and compliance with the provisions of the compact, its bylaws and as directed by the interstate commission; and performs other duties as directed by the commission or set forth in the bylaws.

The interstate commission shall have the following powers:

(1) To adopt a seal and suitable bylaws governing the management and operation of the interstate commission.

(2) To promulgate rules that have the force and effect of statutory law and are binding in the compacting states to the extent and in the manner provided in this compact.

(3) To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any bylaws adopted and rules promulgated by the compact commission.

(4) To enforce compliance with compact provisions, interstate commission rules and bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process.

(5) To establish and maintain offices.

(6) To purchase and maintain insurance and bonds.

(7) To borrow, accept or contract for services of personnel, including, but not limited to, members and their staffs.

(8) To establish and appoint committees and hire staff that it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III, which shall have the power to act on behalf of the interstate commission in carrying out its powers and duties hereunder.

(9) To elect or appoint such officers, attorneys, employees, agents or consultants and to fix their compensation, define their duties and determine their qualifications; and to establish the interstate commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation and qualifications of personnel.

(10) To accept any and all donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of same.

(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal or mixed.

(12) To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed.

(13) To establish a budget and make expenditures and levy dues as provided in Article IX of this compact.

(14) To sue and be sued.

(15) To provide for dispute resolution among compacting states.

(16) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

(17) To report annually to the legislatures, governors, judiciary and state councils of the compacting states concerning the activities of the interstate commission during the preceding year. These reports shall include any recommendations that may have been adopted by the interstate commission.

(18) To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in that activity.

(19) To establish uniform standards for the reporting, collecting and exchanging of data.

Section A. Bylaws

The interstate commission, by a majority of the members within twelve (12) months of the first interstate commission meeting, shall adopt such bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:

(a) Establishing the fiscal year of the interstate commission;

(b) Establishing an executive committee and such other committees as may be necessary;

(c) Providing reasonable standards and procedures: (i) for the establishment of committees; and (ii) governing any general or specific delegation of any authority or function of the interstate commission;

(d) Providing reasonable procedures for calling and conducting meetings of the interstate commission, and ensuring reasonable notice of each commission meeting;

(e) Establishing the titles and responsibilities of the officers of the interstate commission;

(f) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the interstate commission. Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall govern exclusively the personnel policies and programs of the interstate commission;

(g) Providing a mechanism for concluding the operations of the interstate commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment or reserving, or both, of all of its debts and obligations;

(h) Providing transition rules for the “start up” administration of the compact; and

(i) Establishing standards and procedures for compliance and technical assistance in carrying out the compact.

Section B. Officers and Staff

(1) The interstate commission shall elect from among its members, by a majority of the members, a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice chairperson, shall preside at all meetings of the interstate commission. The officers so elected shall serve without compensation or remuneration from the interstate commission; however, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the interstate commission.

(2) The interstate commission, through its executive committee, shall appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the interstate commission may deem appropriate. The executive director shall serve as secretary to the interstate commission, and hire and supervise such other staff as may be authorized by the interstate commission, but the executive director shall not be a member of the interstate commission.

Section C. Corporate Records of the Interstate Commission

The interstate commission shall maintain its corporate books and records in accordance with the bylaws.

Section D. Qualified Immunity, Defense and Indemnification

(1) The members, officers, executive director and employees of the interstate commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities; however, nothing in this paragraph may be construed to protect any such person from suit or liability, or both, for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.

(2) The interstate commission shall defend the commissioner of a compacting state, or the commissioner's representatives or employees, or the interstate commission's representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or which the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities if the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.

(3) The interstate commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the interstate commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of interstate commission employment, duties or responsibilities, or which such persons had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities if the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person.

(1) The interstate commission shall meet and take such actions as are consistent with this compact.

(2) Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the interstate commission, the act must be taken at a meeting of the interstate commission and must receive an affirmative vote of a majority of the members present.

(3) Each member of the interstate commission has the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the interstate commission. A member shall vote in person on behalf of the state and may not delegate a vote to another member state. However, the compact administrator shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person.

(4) The interstate commission shall meet at least once during each calendar year. The chairperson of the interstate commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.

(5) The interstate commission's bylaws shall establish conditions and procedures under which the interstate commission shall make its information and official records available to the public for inspection or copying. The interstate commission may exempt from disclosure any information or official records to the extent that they would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the interstate commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

(6) Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The interstate commission shall promulgate rules consistent with the principles contained in the “Government in Sunshine Act,” 5 USCS Section 552(b) , as may be amended. The interstate commission and any of its committees may close a meeting to the public where it determines, by two-thirds ( 2 / 3 ) vote, that an open meeting would be likely to: (a) relate solely to the interstate commission's internal personnel practices and procedures; (b) disclose matters specifically exempted from disclosure by statute; (c) disclosure trade secrets or commercial or financial information which is privileged or confidential; (d) involve accusing any person of a crime or formally censuring any person; (e) disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (f) disclose investigatory records compiled for law enforcement purposes; (g) disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the interstate commission with respect to a regulated entity for the purpose of regulation or supervision of such entity; (h) disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity; (i) specifically relate to the interstate commission's issuance of a subpoena, or its participation in a civil action or proceeding.

(7) For every meeting closed pursuant to this provision, the interstate commission's chief legal officer shall certify publicly that, in the legal officer's opinion, the meeting may be closed to the public and shall reference each relevant exemptive provision. The interstate commission shall keep minutes that shall describe fully and clearly, all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken and the reasons therefor, including, a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.

(8) The interstate commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules, which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.

(1) The interstate commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact, including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states.

(2) Rule-making shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rule-making shall substantially conform to the principles of the federal Administrative Procedure Act, 5 USCS Section 551 et seq., and the Federal Advisory Committee Act, 5 USCS App. 2, Section 1 et seq., as may be amended (hereinafter “APA”).

(3) All rules and amendments shall become binding as of the date specified in each rule or amendment.

(4) If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then that rule shall have no further force and effect in any compacting state.

(5) When promulgating a rule, the interstate commission shall: (a) publish the proposed rule stating with particularity the text of the rule that is proposed and the reason for the proposed rule; (b) allow persons to submit written data, facts, opinions and arguments, which information shall be publicly available; (c) provide an opportunity for an informal hearing; and (d) promulgate a final rule and its effective date, if appropriate, based on the rule-making record.

(6) Not later than sixty (60) days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the federal district court where the interstate commission's principal office is located for judicial review of the rule. If the court finds that the interstate commission's action is not supported by substantial evidence (as defined in the APA) in the rule-making record, the court shall hold the rule unlawful and set it aside.

(7) Subjects to be addressed within twelve (12) months after the first meeting must include, at a minimum: (a) notice to victims and opportunity to be heard; (b) offender registration and compliance; (c) violations and returns; (d) transfer procedures and forms; (e) eligibility for transfer; (f) collection of restitution and fees from offenders; (g) data collection and reporting; (h) the level of supervision to be provided by the receiving state; (i) transition rules governing the operation of the compact and the interstate commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact; and (j) mediation, arbitration and dispute resolution.

The existing rules governing the operation of the previous compact superceded by this compact shall be null and void twelve (12) months after the first meeting of the interstate commission created under this compact.

(8) Upon determination by the interstate commission that an emergency exists, the interstate commission may promulgate an emergency rule that shall become effective immediately upon adoption; however, the usual rule-making procedures provided under this compact shall be applied retroactively to that rule as soon as reasonably possible, and in no event, later than ninety (90) days after the effective date of the rule.

Section A. Oversight

(1) The interstate commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which significantly may affect compacting states.

(2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the interstate commission, the interstate commission shall be entitled to receive all service of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes.

Section B. Dispute Resolution

(1) The compacting states shall report to the interstate commission on issues or activities of concern to them and shall cooperate with and support the interstate commission in the discharge of its duties and responsibilities.

(2) The interstate commission shall attempt to resolve any disputes or other issues that are subject to the compact and which may arise among compacting states and noncompacting states.

(3) The interstate commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

Section C. Enforcement

The interstate commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in Article XI, Section B, of this compact.

Section D. Retaking Cases From Another Jurisdiction

The duly accredited officers of a sending state may enter a receiving state and apprehend and retake any person on probation or parole according to the laws of the United States. For that purpose, the sending state must establish the authority of the officer and the identity of the person or persons to be retaken. The person or persons must be afforded a preliminary hearing consistent with due process requirements under the United States Constitution as interpreted by the Supreme Court of the United States. All legal requirements to extradition of fugitives from justice are waived expressly on the part of states that are parties to this compact as to such persons. The decision of the sending state to retake a person on probation or parole is conclusive and not reviewable within the receiving state; however, if, at the time a state seeks to retake a probationer or parolee, there is pending against him within the receiving state a criminal charge or if he is suspected of having committed within that state a criminal offense, the probationer or parolee may not be retaken without the consent of the receiving state until the probationer or parolee is discharged from prosecution or from imprisonment for such offense. The duly accredited officers of the sending state may transport prisoners being retaken through any state that is a party to this compact without interference.

(1) The interstate commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

(2) The interstate commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the interstate commission and its staff, which levy must be in a total amount sufficient to cover the interstate commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the interstate commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state. The interstate commission shall promulgate a rule binding upon all compacting states which governs the assessment.

(3) The interstate commission shall not incur any obligations of any kind before securing the funds adequate to meet the obligations. The interstate commission may not pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

(4) The interstate commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the interstate commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the interstate commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the interstate commission.

(1) Any state, as defined in Article II of this compact, is eligible to become a compacting state.

(2) The compact shall become effective and binding upon legislative enactment of the compact into law by no less than thirty-five (35) of the states. The initial effective date shall be the later of July 1, 2004, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter, it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The governors of nonmember states or their designees will be invited to participate in interstate commission activities on a nonvoting basis before adoption of the compact by all states and territories of the United States.

(3) Amendments to the compact may be proposed by the interstate commission for enactment by the compacting states. No amendment shall become effective and binding upon the interstate commission and the compacting states unless it is enacted into law by unanimous consent of the compacting states.

Section A. Withdrawal

(1) Once effective, the compact shall continue in force and remain binding upon every compacting state; however, a compacting state may withdraw from the compact (“withdrawing state”) by enacting a statute specifically repealing the statute that enacted the compact into law.

(2) The effective date of withdrawal is the effective date of the repeal.

(3) The withdrawing state shall notify immediately the chairperson of the interstate commission in writing upon the introduction of legislation repealing this compact in the withdrawing state.

(4) The interstate commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty (60) days of its receipt of the notification.

(5) The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.

(6) Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the interstate commission.

Section B. Default

(1) If the interstate commission determines that any compacting state has at any time defaulted (“defaulting state”) in the performance of any of its obligations or responsibilities under this compact, the bylaws or any duly promulgated rules, the interstate commission may impose any or all of the following penalties:

(a) Fines, fees and costs in such amounts as are deemed to be reasonable, as fixed by the interstate commission;

(b) Remedial training and technical assistance as directed by the interstate commission;

(c) Suspension and termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension shall be given by the interstate commission: to the Governor, the Chief Justice or chief judicial officer of the state; the majority and minority leaders of the defaulting state's Legislature; and the state council. The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, interstate commission bylaws or duly promulgated rules. The interstate commission shall immediately notify the defaulting state in writing of the penalty imposed by the interstate commission on the defaulting state pending a cure of the default. The interstate commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the interstate commission, in addition to any other penalties imposed, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of suspension.

(2) Within sixty (60) days of the effective date of termination of a defaulting state, the interstate commission shall notify the governor, the chief justice or chief judicial officer and the majority and minority leaders of the defaulting state's legislature and the state council of such termination.

(3) The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.

(4) The interstate commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the interstate commission and the defaulting state.

(5) Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the interstate commission pursuant to the rules.

Section C. Judicial Enforcement

The interstate commission by majority vote of the members, may initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the interstate commission, in the federal district where the interstate commission has its offices to enforce compliance with the compact, its duly promulgated rules and bylaws against any compacting state in default. If judicial enforcement is necessary, the prevailing party shall be awarded all costs of the litigation, including reasonable attorney's fees.

Section D. Dissolution of Compact

(1) The compact dissolves effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one (1) compacting state.

(2) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the interstate commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.

(1) The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

(2) The provisions of this compact shall be liberally construed to effectuate its purposes.

Section A. Other Laws

(1) Nothing in this compact prevents the enforcement of any other law of a compacting state which is not inconsistent with this compact.

(2) All compacting states' laws conflicting with this compact are superseded to the extent of the conflict.

Section B. Binding Effect of the Compact

(1) All lawful actions of the interstate commission, including all rules and bylaws promulgated by the interstate commission, are binding upon the compacting states.

(2) All agreements between the interstate commission and the compacting states are binding in accordance with their terms.

(3) Upon the request of a party to a conflict over the meaning or interpretation of interstate commission actions, and upon a majority vote of the compacting states, the interstate commission may issue advisory opinions regarding such meaning or interpretation.

(4) If any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the interstate commission shall be ineffective, and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency of that state to which the obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.
Miss. Code Ann. § 47-5-441 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-4 — MS Code / Title 47 / Chapter 3 / 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. § 47-7-15 — MS Code / Title 47 / Chapter 4 / Section 7-15
Miss. Code Ann. § 47-7-15
Status: in_force

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

The board shall keep a record of its acts and shall notify each institution of its decisions relating to the persons who are or have been confined therein. At the close of each fiscal year the board shall submit to the Governor and to the Legislature a report with statistical and other data of its work.
Miss. Code Ann. § 47-5-157 — MS Code / Title 47 / Chapter 3 / Section 5-157
Miss. Code Ann. § 47-5-157
Status: in_force

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

(2) The offender shall be furnished:

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

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

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

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

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

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

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

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

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

(e) There shall be given in addition to the above specified monies in paragraphs (a), (b), (c) and (d) of this subsection, a bus ticket to the county of conviction or to a state line of Mississippi.
Miss. Code Ann. § 47-5-301 — MS Code / Title 47 / Chapter 1 / Section 5-301
Miss. Code Ann. § 47-5-301
Status: in_force

Sections 47-5-301 through 47-5-327 may be cited as the “Penitentiary-Made Goods Law of 1978.”
Miss. Code Ann. § 47-5-537 — MS Code / Title 47 / Chapter 5 / Section 5-537
Miss. Code Ann. § 47-5-537
Status: in_force

The Secretary of State, or his designee, shall assist the Department of Corrections and the Department of Finance and Administration in the formation of the nonprofit corporation, and within sixty (60) days after the formation of the corporation, the corporation shall apply for exemption from federal tax under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986 , as amended. Any program of the Division of Vocational Rehabilitation of the State Department of Human Services shall not be classified as prison industries under the provisions Sections 47-5-531 through 47-5-575 .
Miss. Code Ann. § 47-7-85 — MS Code / Title 47 / Chapter 3 / Section 7-85
Miss. Code Ann. § 47-7-85
Status: in_force

Pursuant to the Interstate Compact for Adult Offender Supervision, the Department of Corrections may charge a one-time application fee in the amount of Fifty Dollars ($50.00) to each offender applying for out-of-state transfer under the Interstate Compact for Adult Offender Supervision. Payments received under this section shall be deposited into a special fund which is created in the State Treasury. Monies in the fund shall be expended by the Department of Corrections, upon appropriation by the Legislature, to defray costs incurred by the department under the Interstate Compact for Adult Offender Supervision. Unexpended amounts remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the special fund shall be deposited to the credit of the special fund.
Miss. Code Ann. § 47-5-433 — MS Code / Title 47 / Chapter 3 / Section 5-433
Miss. Code Ann. § 47-5-433
Status: in_force

The State Highway Commission may furnish vehicles along state highways to pick up trash bagged by inmates.
Miss. Code Ann. § 47-5-433 — MS Code / Title 47 / Chapter 1 / Section 5-433
Miss. Code Ann. § 47-5-433
Status: in_force

The State Highway Commission may furnish vehicles along state highways to pick up trash bagged by inmates.
Miss. Code Ann. § 47-5-417 — MS Code / Title 47 / Chapter 1 / Section 5-417
Miss. Code Ann. § 47-5-417
Status: in_force

No inmate granted privileges under the provisions of Sections 47-5-401 through 47-5-421 shall be deemed to be an agent, employee or involuntary servant of the Department of Corrections, the state or any political subdivision thereof, while involved in the free community or while going to and from work or other specified areas or while on furlough pass.
Miss. Code Ann. § 47-5-191 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-531 — MS Code / Title 47 / Chapter 1 / Section 5-531
Miss. Code Ann. § 47-5-531
Status: in_force

Sections 47-5-531 through 47-5-575 shall be known as the “Mississippi Prison Industries Act of 1990.”
Miss. Code Ann. § 47-5-28 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-901 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-605 — MS Code / Title 47 / Chapter 5 / Section 5-605
Miss. Code Ann. § 47-5-605
Status: in_force

Each time the results of such a chemical analysis test indicate the unauthorized presence of alcohol or a controlled substance in the parolee or probationer, he or she shall be required to pay a fee of Ten Dollars ($10.00) to the Mississippi Department of Corrections drug identification program, which fee shall be used to pay for the cost of administering that particular test. All other costs of the program, including the costs of administering such tests in cases in which the presence of alcohol or a controlled substance is not found, will be paid by expenditures from the community service revolving fund as described in Section 47-7-49 .
Miss. Code Ann. § 47-5-132 — MS Code / Title 47 / Chapter 3 / Section 5-132
Miss. Code Ann. § 47-5-132
Status: in_force

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

(2) In addition, the commissioner may:

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

(b) In his discretion, require that any bed in the state correctional system shall be converted to a bunk bed, in order that a space occupied by a bed will consist of a bed on top of a bed, which shall be known as “double-bunking.”
Miss. Code Ann. § 47-7-3 — MS Code / Title 47 / Chapter 1 / Section 7-3
Miss. Code Ann. § 47-7-3
Status: repealed

(1) Every prisoner who has been convicted of any offense against the State of Mississippi, and is confined in the execution of a judgment of such conviction in the Mississippi Department of Corrections for a definite term or terms of one (1) year or over, or for the term of his or her natural life, whose record of conduct shows that such prisoner has observed the rules of the department, and who has served the minimum required time for parole eligibility, may be released on parole as set forth herein:

(a) Habitual offenders. Except as provided by Sections 99-19-81 through 99-19-87 , no person sentenced as a confirmed and habitual criminal shall be eligible for parole;

(b) Sex offenders. Any person who has been sentenced for a sex offense as defined in Section 45-33-23(h) shall not be released on parole except for a person under the age of nineteen (19) who has been convicted under Section 97-3-67 ;

(c) Capital offenders. No person sentenced for the following offenses shall be eligible for parole:

(i) Capital murder committed on or after July 1, 1994, as defined in Section 97-3-19(2) ;

(ii) Any offense to which an offender is sentenced to life imprisonment under the provisions of Section 99-19-101 ; or

(iii) Any offense to which an offender is sentenced to life imprisonment without eligibility for parole under the provisions of Section 99-19-101 , whose crime was committed on or after July 1, 1994;

(d) Murder. No person sentenced for murder in the first degree, whose crime was committed on or after June 30, 1995, or murder in the second degree, as defined in Section 97-3-19 , shall be eligible for parole;

(e) Human trafficking. No person sentenced for human trafficking, as defined in Section 97-3-54.1 , whose crime was committed on or after July 1, 2014, shall be eligible for parole;

(f) Drug trafficking. No person sentenced for trafficking and aggravated trafficking, as defined in Section 41-29-139(f) through (g) , shall be eligible for parole;

(g) Offenses specifically prohibiting parole release. No person shall be eligible for parole who is convicted of any offense that specifically prohibits parole release;

(h)(i) Offenders eligible for parole consideration for offenses committed after June 30, 1995. Except as provided in paragraphs (a) through (g) of this subsection, offenders may be considered eligible for parole release as follows:

1. Nonviolent crimes. All persons sentenced for a nonviolent offense shall be eligible for parole only after they have served twenty-five percent (25%) or ten (10) years, whichever is less, of the sentence or sentences imposed by the trial court. For purposes of this paragraph, “ nonviolent crime ” means a felony not designated as a crime of violence in Section 97-3-2 .

2. Violent crimes. A person who is sentenced for a violent offense as defined in Section 97-3-2 , except robbery with a deadly weapon as defined in Section 97-3-79 , drive-by shooting as defined in Section 97-3-109 , and carjacking as defined in Section 97-3-117 , shall be eligible for parole only after having served fifty percent (50%) or twenty (20) years, whichever is less, of the sentence or sentences imposed by the trial court. Those persons sentenced for robbery with a deadly weapon as defined in Section 97-3-79 , drive-by shooting as defined in Section 97-3-109 , and carjacking as defined in Section 97-3-117 , shall be eligible for parole only after having served sixty percent (60%) or twenty-five (25) years, whichever is less, of the sentence or sentences imposed by the trial court.

3. Nonviolent and nonhabitual drug offenses. A person who has been sentenced to a drug offense pursuant to Section 41-29-139(a) through (d) , whose crime was committed after June 30, 1995, shall be eligible for parole only after he has served twenty-five percent (25%) or ten (10) years, whichever is less, of the sentence or sentences imposed.

(ii) Parole hearing required. All persons eligible for parole under subparagraph (i) of this paragraph (h) who are serving a sentence or sentences for a crime of violence, as defined in Section 97-3-2 , shall be required to have a parole hearing before the Parole Board pursuant to Section 47-7-17 , prior to parole release.

(iii) Geriatric parole. Notwithstanding the provisions in subparagraph (i) of this paragraph (h), a person serving a sentence who has reached the age of sixty (60) or older and who has served no less than ten (10) years of the sentence or sentences imposed by the trial court shall be eligible for parole. Any person eligible for parole under this subparagraph (iii) shall be required to have a parole hearing before the board prior to parole release. No inmate shall be eligible for parole under this subparagraph (iii) of this paragraph (h) if:

1. The inmate is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87 ;

2. The inmate is sentenced for a crime of violence under Section 97-3-2 ;

3. The inmate is sentenced for an offense that specifically prohibits parole release;

4. The inmate is sentenced for trafficking in controlled substances under Section 41-29-139(f) ;

5. The inmate is sentenced for a sex crime; or

6. The inmate has not served one-fourth ( 1 / 4 ) of the sentence imposed by the court.

(iv) Parole consideration as authorized by the trial court. Notwithstanding the provisions of paragraph (a) of this subsection, any offender who has not committed a crime of violence under Section 97-3-2 and has served twenty-five percent (25%) or more of his sentence may be paroled by the State Parole Board if, after the sentencing judge or if the sentencing judge is retired, disabled or incapacitated, the senior circuit judge authorizes the offender to be eligible for parole consideration; or if the senior circuit judge must be recused, another circuit judge of the same district or a senior status judge may hear and decide the matter. A petition for parole eligibility consideration pursuant to this subparagraph (iv) shall be filed in the original criminal cause or causes, and the offender shall serve an executed copy of the petition on the District Attorney. The court may, in its discretion, require the District Attorney to respond to the petition.

(2) The State Parole Board shall, by rules and regulations, establish a method of determining a tentative parole hearing date for each eligible offender taken into the custody of the Department of Corrections. The tentative parole hearing date shall be determined within ninety (90) days after the department has assumed custody of the offender. Except as provided in Section 47-7-18 , the parole hearing date shall occur when the offender is within thirty (30) days of the month of his parole eligibility date. Any parole eligibility date shall not be earlier than as required in this section.

(3) Notwithstanding any other provision of law, an inmate shall not be eligible to receive earned time, good time or any other administrative reduction of time which shall reduce the time necessary to be served for parole eligibility as provided in subsection (1) of this section.

(4) Any inmate within forty-eight (48) months of his parole eligibility date and who meets the criteria established by the classification board shall receive priority for placement in any educational development and job-training programs that are part of his or her parole case plan. Any inmate refusing to participate in an educational development or job-training program, including, but not limited to, programs required as part of the case plan, shall be in jeopardy of noncompliance with the case plan and may be denied parole.

(5) In addition to other requirements, if an offender is convicted of a drug or driving under the influence felony, the offender must complete a drug and alcohol rehabilitation program prior to parole, or the offender shall be required to complete a postrelease drug and alcohol program as a condition of parole.

(6) Except as provided in subsection (1)(a) through (h) of this section, all other persons shall be eligible for parole after serving twenty-five percent (25%) of the sentence or sentences imposed by the trial court, or, if sentenced to thirty (30) years or more, after serving ten (10) years of the sentence or sentences imposed by the trial court.

(7) The Corrections and Criminal Justice Oversight Task Force established in Section 47-5-6 shall develop and submit recommendations to the Governor and to the Legislature annually on or before December 1st concerning issues relating to juvenile and habitual offender parole reform and to review and monitor the implementation of Chapter 479, Laws of 2021.

(8) The amendments contained in Chapter 479, Laws of 2021, shall apply retroactively from and after July 1, 1995.

(9) Notwithstanding provisions to the contrary in this section, a person who was sentenced before July 1, 2021, may be considered for parole if the person's sentence would have been parole eligible before July 1, 2021.

(10) This section shall stand repealed on July 1, 2027.
Miss. Code Ann. § 47-5-1009 — MS Code / Title 47 / Chapter 1 / Section 5-1009
Miss. Code Ann. § 47-5-1009
Status: in_force

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

(2) The Department of Audit shall annually audit the records of the department to ensure compliance with Sections 47-5-1001 through 47-5-1015 .
Miss. Code Ann. § 47-5-901 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-93 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-953 — MS Code / Title 47 / Chapter 5 / Section 5-953
Miss. Code Ann. § 47-5-953
Status: in_force

(1) If a second public or private correctional facility for juvenile offenders is constructed, then the facility shall be located in Kemper County. The facility shall comply with the requirements and standards established in Sections 47-5-943 through 47-5-951 .

(2) If a third public or private correctional facility for juveniles is constructed, a site in North Mississippi and a site in South Mississippi shall be considered. If a site is chosen in North Mississippi, then preference shall be given to Quitman County. The facility shall comply with the requirements and standards established in Sections 47-5-943 through 47-5-951 .
Miss. Code Ann. § 47-5-471 — MS Code / Title 47 / Chapter 4 / Section 5-471
Miss. Code Ann. § 47-5-471
Status: in_force

Upon the request of any county for eligible inmates, the Department of Corrections shall make available for participation in the state-county work program in the requesting county any eligible inmates. Upon request and approval of such request by the Department of Corrections, the requesting county shall arrange for transportation of such inmates from the Department of Corrections to such county. Upon receiving any inmates, the county shall be responsible for all expenses related to housing and caring for such inmates but shall be reimbursed by the Department of Corrections at the rate prescribed under Section 47-5-901(2) . Regardless of any eligibility criteria established by the Department of Corrections, no inmate convicted of a sex crime, a crime of violence as defined by Section 97-3-2 , or any other crime which specifically prohibits parole shall be eligible for participation in the program. The requesting county may, in its sole discretion, refuse any inmate deemed to present an undue risk to such county.
Miss. Code Ann. § 47-5-405 — MS Code / Title 47 / Chapter 4 / Section 5-405
Miss. Code Ann. § 47-5-405
Status: in_force

Each county electing to establish a work program under Sections 47-5-401 through 47-5-421 is authorized through its sheriff to adopt regulations and policies for joint state-county work programs, including extending the limits of the place of confinement of an eligible inmate as to whom there is reasonable cause to believe he will know his trust.

Any rules, regulations or policies promulgated by the sheriff shall be filed with the board of supervisors, and shall be left on file for a minimum of thirty (30) days before any such rules, regulations or policies can be implemented or utilized for any inmate pursuant to the provisions of Sections 47-5-401 through 47-5-421 . Provided further, such rules as they pertain to state inmates shall also be submitted to the Department of Corrections for approval which shall be granted or rejected within thirty (30) days of submission. If said rules are rejected the reasons therefor shall be stated in writing.
Miss. Code Ann. § 47-5-121 — MS Code / Title 47 / Chapter 4 / Section 5-121
Miss. Code Ann. § 47-5-121
Status: in_force

All female offenders shall be kept separate and apart from male offenders. Where practicable, the commissioner shall keep the female offenders within a separate facility from the male offenders, and shall provide reasonable rules and regulations for the government of same.
Miss. Code Ann. § 47-5-905 — MS Code / Title 47 / Chapter 3 / Section 5-905
Miss. Code Ann. § 47-5-905
Status: in_force

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

(2) The Department of Corrections shall develop a plan for the processing and classification of inmates in county jails and shall implement the plan by January 1, 1993.
Miss. Code Ann. § 47-5-571 — MS Code / Title 47 / Chapter 4 / 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. § 47-5-601 — MS Code / Title 47 / Chapter 1 / Section 5-601
Miss. Code Ann. § 47-5-601
Status: in_force

The Mississippi Department of Corrections is authorized to establish a drug identification program and shall have the power and duty to adopt rules not inconsistent with law as it may deem proper and necessary with respect to the establishment, administration and operation of the program.
Miss. Code Ann. § 47-5-938 — MS Code / Title 47 / Chapter 3 / 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. § 47-5-108 — MS Code / Title 47 / Chapter 5 / Section 5-108
Miss. Code Ann. § 47-5-108
Status: in_force

The Mississippi Department of Corrections is hereby authorized to provide self-sustaining facilities for the preparation and serving of food for employees and visitors of the Mississippi State Penitentiary, the Central Mississippi Correctional Facility, and the South Mississippi Correctional Institution. The commissioner shall promulgate policies and procedures for the operation of such facilities. In addition, the funds derived from these operations shall remain in separate accounts, hereafter known as the “Employee Cafeteria Funds.” The profits, if any, shall be distributed at the direction of the Commissioner of Corrections.
Miss. Code Ann. § 47-7-3.1 — MS Code / Title 47 / Chapter 5 / 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. § 47-5-541 — MS Code / Title 47 / Chapter 4 / Section 5-541
Miss. Code Ann. § 47-5-541
Status: in_force

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(8) A member of the board of directors of the corporation shall not be liable for any civil damages for any personal injury or property damage caused to a person as a result of any acts or omissions committed in good faith in the exercise of their duties as members of the board of directors of the corporation, except where a member of the board engages in acts or omissions which are intentional, willful, wanton, reckless or grossly negligent.
Miss. Code Ann. § 47-5-138.1 — MS Code / Title 47 / Chapter 1 / 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. § 47-5-49 — MS Code / Title 47 / Chapter 3 / Section 5-49
Miss. Code Ann. § 47-5-49
Status: in_force

Neither the commissioner nor any other employee, save physicians and chaplains not employed for all their time, shall have or engage in any other business during his normal hours of employment that may require his personal attention or time. The Governor, in the case of the commissioner, and the commissioner in the case of any other employee shall receive prior notification and approve outside employment and the respective parties named herein shall punish a violation of this provision by the dismissal of the employee if the offense justifies such dismissal.
Miss. Code Ann. § 47-5-89 — MS Code / Title 47 / Chapter 4 / Section 5-89
Miss. Code Ann. § 47-5-89
Status: in_force

If any officer or employee of the state or county government, or any employee of the state correctional system, or any other person shall solicit or accept from any employee of the state correctional system, or from any offender therein, any contribution of money or other property for political or election purposes he shall be guilty of a misdemeanor, and on conviction shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or imprisoned in the county jail not less than sixty (60) days nor longer than one hundred twenty (120) days, or both, and if an employee of the state correctional system he shall be immediately and permanently removed from further employment with the state correctional system.
Miss. Code Ann. § 47-5-1103 — MS Code / Title 47 / Chapter 1 / Section 5-1103
Miss. Code Ann. § 47-5-1103
Status: in_force

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

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

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

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

(d) “Special needs” means an inmate with diminished mental or physical health requiring specialized healthcare facilities or services. This does not include HIV positive inmates.
Miss. Code Ann. § 47-7-37 — MS Code / Title 47 / Chapter 1 / Section 7-37
Miss. Code Ann. § 47-7-37
Status: in_force

(1) The period of probation shall be fixed by the court, and may at any time be extended or terminated by the court, or judge in vacation. Such period with any extension thereof shall not exceed five (5) years, except that in cases of desertion and/or failure to support minor children, the period of probation may be fixed and/or extended by the court for so long as the duty to support such minor children exists. The time served on probation or post-release supervision may be reduced pursuant to Section 47-7-40 .

(2) At any time during the period of probation, the court, or judge in vacation, may issue a warrant for violating any of the conditions of probation or suspension of sentence and cause the probationer to be arrested. Any probation and parole officer may arrest a probationer without a warrant, or may deputize any other officer with power of arrest to do so by giving him a written statement setting forth that the probationer has, in the judgment of the probation and parole officer, violated the conditions of probation. Such written statement delivered with the probationer by the arresting officer to the official in charge of a county jail or other place of detention shall be sufficient warrant for the detention of the probationer.

(3) Whenever an offender is arrested on a warrant for an alleged violation of probation as herein provided, the department shall hold an informal preliminary hearing within seventy-two (72) hours of the arrest to determine whether there is reasonable cause to believe the person has violated a condition of probation. A preliminary hearing shall not be required when the offender is not under arrest on a warrant or the offender signed a waiver of a preliminary hearing. The preliminary hearing may be conducted electronically. If reasonable cause is found, the offender may be confined no more than twenty-one (21) days from the admission to detention until a revocation hearing is held. If the revocation hearing is not held within twenty-one (21) days, the probationer shall be released from custody and returned to probation status.

(4) If a probationer or offender is subject to registration as a sex offender, the court must make a finding that the probationer or offender is not a danger to the public prior to release with or without bail. In determining the danger posed by the release of the offender or probationer, the court may consider the nature and circumstances of the violation and any new offenses charged; the offender or probationer's past and present conduct, including convictions of crimes and any record of arrests without conviction for crimes involving violence or sex crimes; any other evidence of allegations of unlawful sexual conduct or the use of violence by the offender or probationer; the offender or probationer's family ties, length of residence in the community, employment history and mental condition; the offender or probationer's history and conduct during the probation or other supervised release and any other previous supervisions, including disciplinary records of previous incarcerations; the likelihood that the offender or probationer will engage again in a criminal course of conduct; the weight of the evidence against the offender or probationer; and any other facts the court considers relevant.

(5)(a) The probation and parole officer after making an arrest shall present to the detaining authorities a similar statement of the circumstances of violation. The probation and parole officer shall at once notify the court of the arrest and detention of the probationer and shall submit a report in writing showing in what manner the probationer has violated the conditions of probation. Within twenty-one (21) days of arrest and detention by warrant as herein provided, the court shall cause the probationer to be brought before it and may continue or revoke all or any part of the probation or the suspension of sentence. If the court revokes probation for one or more technical violations, the court shall impose a period of imprisonment to be served in either a technical violation center or a restitution center not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation. For the third revocation, the court may impose a period of imprisonment to be served in either a technical violation center or a restitution center for up to one hundred eighty (180) days or the court may impose the remainder of the suspended portion of the sentence. For the fourth and any subsequent revocation, the court may impose up to the remainder of the suspended portion of the sentence. The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

(b) If the offender is not detained as a result of the warrant, the court shall cause the probationer to be brought before it within a reasonable time and may continue or revoke all or any part of the probation or the suspension of sentence, and may cause the sentence imposed to be executed or may impose any part of the sentence which might have been imposed at the time of conviction. If the court revokes probation for one or more technical violations, the court shall impose a period of imprisonment to be served in either a technical violation center or a restitution center not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation. For the third revocation, the court may impose a period of imprisonment to be served in either a technical violation center or a restitution center for up to one hundred eighty (180) days or the court may impose the remainder of the suspended portion of the sentence. For the fourth and any subsequent revocation, the court may impose up to the remainder of the suspended portion of the sentence. The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

(c) If the court does not hold a hearing or does not take action on the violation within the twenty-one-day period, the offender shall be released from detention and shall return to probation status. The court may subsequently hold a hearing and may revoke probation or may continue probation and modify the terms and conditions of probation. If the court revokes probation for one or more technical violations, the court shall impose a period of imprisonment to be served in either a technical violation center operated by the department or a restitution center not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation. For the third revocation, the court may impose a period of imprisonment to be served in either a technical violation center or a restitution center for up to one hundred eighty (180) days or the court may impose the remainder of the suspended portion of the sentence. For the fourth and any subsequent revocation, the court may impose up to the remainder of the suspended portion of the sentence. The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

(d) For an offender charged with a technical violation who has not been detained awaiting the revocation hearing, the court may hold a hearing within a reasonable time. The court may revoke probation or may continue probation and modify the terms and conditions of probation. If the court revokes probation for one or more technical violations the court shall impose a period of imprisonment to be served in either a technical violation center operated by the department or a restitution center not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation. For the third revocation, the court may impose a period of imprisonment to be served in either a technical violation center or a restitution center for up to one hundred eighty (180) days or the court may impose the remainder of the suspended portion of the sentence. For the fourth and any subsequent revocation, the court may impose up to the remainder of the suspended portion of the sentence. The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

(6) If the probationer is arrested in a circuit court district in the State of Mississippi other than that in which he was convicted, the probation and parole officer, upon the written request of the sentencing judge, shall furnish to the circuit court or the county court of the county in which the arrest is made, or to the judge of such court, a report concerning the probationer, and such court or the judge in vacation shall have authority, after a hearing, to continue or revoke all or any part of probation or all or any part of the suspension of sentence, and may in case of revocation proceed to deal with the case as if there had been no probation. In such case, the clerk of the court in which the order of revocation is issued shall forward a transcript of such order to the clerk of the court of original jurisdiction, and the clerk of that court shall proceed as if the order of revocation had been issued by the court of original jurisdiction. Upon the revocation of probation or suspension of sentence of any offender, such offender shall be placed in the legal custody of the State Department of Corrections and shall be subject to the requirements thereof.

(7) Any probationer who removes himself from the State of Mississippi without permission of the court placing him on probation, or the court to which jurisdiction has been transferred, shall be deemed and considered a fugitive from justice and shall be subject to extradition as now provided by law. No part of the time that one is on probation shall be considered as any part of the time that he shall be sentenced to serve.

(8) The arresting officer, except when a probation and parole officer, shall be allowed the same fees as now provided by law for arrest on warrant, and such fees shall be taxed against the probationer and paid as now provided by law.

(9) The arrest, revocation and recommitment procedures of this section also apply to persons who are serving a period of post-release supervision imposed by the court.

(10) Unless good cause for the delay is established in the record of the proceeding, the probation revocation charge shall be dismissed if the revocation hearing is not held within thirty (30) days of the warrant being issued.

(11) The Department of Corrections shall provide semiannually to the Oversight Task Force the number of warrants issued for an alleged violation of probation or post-release supervision, the average time between detention on a warrant and preliminary hearing, the average time between detention on a warrant and revocation hearing, the number of ninety-day sentences in a technical violation center issued by the court, the number of one-hundred-twenty-day sentences in a technical violation center issued by the court, the number of one-hundred-eighty-day sentences issued by the court, and the number and average length of the suspended sentences imposed by the court in response to a violation.
Miss. Code Ann. § 47-5-327 — MS Code / Title 47 / Chapter 1 / Section 5-327
Miss. Code Ann. § 47-5-327
Status: in_force

The provisions of Sections 47-5-301 through 47-5-327 shall be liberally construed to achieve the primary objective of vocational training and rehabilitation of offenders through work in industrial types of activities which also will best serve the economical and efficient operation of state agencies. The provisions of Sections 47-5-301 through 47-5-327 shall be considered as supplementary, or in addition to, other existing provisions of law relative to the employment of offenders.
Miss. Code Ann. § 47-5-807 — MS Code / Title 47 / Chapter 3 / Section 5-807
Miss. Code Ann. § 47-5-807
Status: in_force

Any offender who is aggrieved by an adverse decision rendered pursuant to any administrative review procedure under Sections 47-5-801 through 47-5-807 may, within thirty (30) days after receipt of the agency's final decision, seek judicial review of the decision.
Miss. Code Ann. § 47-5-579 — MS Code / Title 47 / Chapter 5 / Section 5-579
Miss. Code Ann. § 47-5-579
Status: in_force

(1)(a) The corporation shall operate a work initiative at the Central Mississippi Correctional Facility, South Mississippi Correctional Institution, Mississippi State Penitentiary and the Mississippi Correctional Institute for Women, and is authorized, in its discretion, to create a work initiative at any other correctional facility listed in Section 47-5-539(d) . In lieu of a work initiative created by the corporation, the warden or superintendent or sheriff at any regional and private facility listed in Section 47-5-539 is authorized to create a work initiative at their respective facility consistent with the provisions and requirements of this section. Each initiative shall be limited to no more than twenty-five (25) inmates in the state, regional or private facility at any given time.

(b) The department, with regard to a work initiative in an MDOC facility, shall:

(i) Have the ultimate authority for oversight of the administration of the initiative;

(ii) Delegate the administration of the initiative to the corporation; and

(iii) Oversee the selection of inmates for admission to the initiative.

(c) The sheriff, with regard to a work initiative at a regional facility, shall:

(i) Have the ultimate authority for oversight of the administration of the initiative;

(ii) Oversee the selection of inmates for admission to the initiative; and

(iii) Work with the department and the corporation to establish guidelines for the initiative and develop a report thereon.

(2)(a) An inmate is eligible for participation in the initiative if the inmate has:

(i) No more than two (2) years remaining on the inmate's sentence;

(ii) Not been convicted under Section 97-9-49 within the last five (5) years; and

(iii) Not been sentenced for a sex offense as defined in Section 45-33-23(h) .

(b) Any inmate who meets the eligibility requirements of paragraph (a) may request assignment to a work initiative established under this section.

(3)(a) The commissioner, in the case of MDOC facilities, or the warden, superintendent, sheriff or similar leader in the case of regional and private facilities, shall select inmates for admission to the program.

(b) An inmate currently participating in vocational training or a soft skills training program at a facility authorized to operate a work initiative shall have priority in admission to the program.

(4)(a) The chief executive officer, in the case of MDOC facilities, or the warden, superintendent, sheriff or similar leader in the case of regional and private facilities, may authorize the inmate to participate in educational or other rehabilitative programs designed to supplement his work initiative employment or to prepare the person for successful reentry.

(b) Before accepting any participants to the program, the corporation, in consultation with the department, shall adopt and publish rules and regulations to effectuate this section no later than six (6) months after the effective date of this section. These rules and regulations shall include all protection requirements for work release programs established pursuant to Sections 47-5-451 through 47-5-471 .

(5) Participating employers shall pay no less than the prevailing wage for the position and shall under no circumstance pay less than the federal minimum wage.

(6) Any inmate assigned to the initiative who, without proper authority or just cause, leaves the area to which he has been assigned to work or attend educational or other rehabilitative programs, or leaves the vehicle or route of travel involved in his or her going to or returning from such place, will be guilty of escape as provided in Section 97-9-49 . An offender who is convicted under Section 97-9-49 shall be ineligible for further participation in the work initiative during his or her current term of confinement.

(7)(a) The inmate shall maintain an account through a local financial institution and shall provide a copy of a check stub to the chief executive officer, the warden, the superintendent or the sheriff at a regional facility, as the case may be.

(b) The inmate shall be required:

(i) To pay twenty-five percent (25%) of the inmate's wages after mandatory deductions for the following purposes:

1. To pay support of dependents or to the Mississippi Department of Human Services on behalf of dependents as may be ordered by a judge of competent jurisdiction; and

2. To pay any fines, restitution, or costs as ordered by the court to include any fines and fees associated with obtaining a valid driver's license upon release.

(ii) To pay fifteen percent (15%) of the inmate's wages to the corporation for administrative expenses to include transportation costs to be remitted to the state, regional or private facility where the inmate is housed. In the case of state facilities, the administrative expense reimbursement shall be paid to the corporation; in the case of regional facilities, the administrative expense reimbursement shall be paid to the sheriff's department; in the case of private facilities the administrative expense reimbursement shall be paid to the contractor overseeing the facility.

(iii) To save fifty percent (50%) of the inmate's wages in the account required under paragraph (a) of this subsection. Monies under this subparagraph shall be made available to the inmate upon parole or release.

(c) The inmate shall have access to the remaining ten percent (10%) of the monies in the inmate's account to purchase incidental expenses.

(d) Any monies remaining under paragraph (a) of this subsection after all mandatory deductions are paid, shall be deposited in the inmate's account established under this subsection. Any monies remaining upon release in paragraph (c) of this subsection shall be released to the inmate.

(8) The chief executive officer of the corporation shall collect and maintain data which shall be shared semiannually with the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) and the Corrections and Criminal Justice Oversight Task Force in sortable electronic format. The first report shall be made on January 15, 2023, and in six-month intervals thereafter unless PEER establishes a different schedule. The data shall include:

(a) Total number of participants at the end of each month by race, gender, and offenses charged;

(b) Total number of participants who began the program in each month by race, gender, and offenses charged;

(c) Total number of participants who successfully completed the program in each month by race, gender, and offenses charged;

(d) Total number of participants who left the program in each month and reason for leaving by race, gender, and offenses charged;

(e) Total number of participants who were arrested for a new criminal offense while in the program in each month by race, gender and offenses charged;

(f) Total number of participants who were convicted of a new crime while in the program in each month by race, gender and offenses charged;

(g) Total number of participants who completed the program and were convicted of a new crime within three (3) years of completing the program;

(h) Total amount earned by participants and how the earnings were distributed in each month;

(i) Results of any initial risk and needs assessments conducted on each participant by race, gender, and offenses charged;

(j) List of participating employers;

(k) List of jobs acquired by participants;

(l) List of the hourly wage paid to each participant;

(m) Accounting of the manner and use of the ten percent (10%) of the wages paid to the corporation by the inmate for administrative expenses;

(n) Total costs associated with program operations;

(o) List of participating financial institutions;

(p) The number of accounts opened by participants at financial institutions;

(q) The average hourly wage earned in the program; and

(r) Any other data or information as requested by the task force.

(9) The Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) shall conduct a review of the initiative, including any expansion of the initiative authorized under this section, and produce an annual report to the Legislature on their effectiveness by January 1 of each year. The PEER Committee shall seek the assistance of the Corrections and Criminal Justice Task Force and may seek assistance from any other criminal justice experts it deems necessary during its review.