reglab/housing_qa huggingface dataset:
MS Code § 47-5-1005 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Intensive Supervision Program; Electronic Home Detention|§ 47-5-1005. Rules and guidelines for operation of intensive supervision program; approval and leasing of electronic monitoring devices

  The department shall promulgate rules that prescribe reasonable guidelines under which an intensive supervision program shall operate. These rules shall include, but not be limited to, the following:   The participant shall remain within the interior premises or within the property boundaries of his or her residence at all times during the hours designated by the correctional field officer.   Approved absences from the home may include, but are not limited to, the following:   Working or employment approved by the court or department and traveling to or from approved employment;   Unemployed and seeking employment approved for the participant by the court or department;   Undergoing medical, psychiatric, mental health treatment, counseling or other treatment programs approved for the participant by the court or department;   Attending an educational institution or a program approved for the participant by the court or department;   Participating in community work release or a community service program approved for the participant by the court or department; or   For another compelling reason consistent with the public interest, as approved by the court or department.     Except in case of a medical emergency and approval by the Commissioner of the Department of Corrections, or his designee, or by circuit court order for medical purposes, no participant in the intensive supervision program may leave the jurisdiction of the State of Mississippi.     The department shall select and approve all electronic monitoring devices used under Sections 47-5-1001 through 47-5-1015.   The department may lease the equipment necessary to implement the intensive supervision program and to contract for the monitoring of such devices. The department is authorized to select the lowest price and best source in contracting for these services.
MS Code § 47-5-1007 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Intensive Supervision Program; Electronic Home Detention|§ 47-5-1007. Payment of monthly fee by participant who is employed; payment of monthly fee by juvenile offender; special fund; responsibilities of participant; notice regarding violation of detention

  Any participant in the intensive supervision program who engages in employment shall pay a monthly fee to the department for each month such person is enrolled in the program. The department may waive the monthly fee if the offender is a full-time student or is engaged in vocational training. Juvenile offenders shall pay a monthly fee of not less than Ten Dollars ($10.00) but not more than Fifty Dollars ($50.00) based on a sliding scale using the standard of need for each family that is used to calculate TANF benefits. Money received by the department from participants in the program shall be deposited into a special fund which is hereby created in the State Treasury. It shall be used, upon appropriation by the Legislature, for the purpose of helping to defray the costs involved in administering and supervising such program. Unexpended amounts remaining in such special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in such special fund shall be deposited to the credit of the special fund.   The participant shall admit any correctional officer into his residence at any time for purposes of verifying the participant's compliance with the conditions of his detention.   The participant shall make the necessary arrangements to allow for correctional officers to visit the participant's place of education or employment at any time, based upon the approval of the educational institution or employer, for the purpose of verifying the participant's compliance with the conditions of his detention.   The participant shall acknowledge and participate with the approved electronic monitoring device as designated by the department at any time for the purpose of verifying the participant's compliance with the conditions of his detention.   The participant shall be responsible for and shall maintain the following:   A working telephone line in the participant's home;   A monitoring device in the participant's home, or on the participant's person, or both; and   A monitoring device in the participant's home and on the participant's person in the absence of a telephone.     The participant shall obtain approval from the correctional field officer before the participant changes residence.   The participant shall not commit another crime during the period of home detention ordered by the court or department.   Notice shall be given to the participant that violation of the order of home detention shall subject the participant to prosecution for the crime of escape as a felony.   The participant shall abide by other conditions as set by the court or the department.
MS Code § 47-5-1009 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Intensive Supervision Program; Electronic Home Detention|§ 47-5-1009. Immunity of department; audit

  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.   The Department of Audit shall annually audit the records of the department to ensure compliance with Sections 47-5-1001 through 47-5-1015.
MS Code § 47-5-1011 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Intensive Supervision Program; Electronic Home Detention|§ 47-5-1011. Prior notification of participant and co-residents regarding nature and extent of electronic monitoring devices; damage to equipment; noncriminal environment to be maintained

  Before entering an order for commitment for electronic house arrest, the department shall inform the participant and other persons residing in the home of the nature and extent of the approved electronic monitoring devices by doing the following:   Securing the written consent of the participant in the program to comply with the rules and regulations of the program.   Advising adult persons residing in the home of the participant at the time an order or commitment for electronic house arrest is entered and asking such persons to acknowledge the nature and extent of approved electronic monitoring devices.   Insuring that the approved electronic devices are minimally intrusive upon the privacy of other persons residing in the home while remaining in compliance with Sections 47-5-1001 through 47-5-1015.     The participant shall be responsible for the cost of equipment and any damage to such equipment. Any intentional damage, any attempt to defeat monitoring, any committing of a criminal offense or any associating with felons or known criminals, shall constitute a violation of the program.   Any person whose residence is utilized in the program shall agree to keep the home drug and alcohol free and to exclude known felons and criminals in order to provide a noncriminal environment.
MS Code § 47-5-1013 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Intensive Supervision Program; Electronic Home Detention|§ 47-5-1013. Conditions for participation in intensive supervision program

 Participants enrolled in an intensive supervision program shall be required to:   Maintain employment if physically able, or full-time student status at an approved school or vocational trade, and make progress deemed satisfactory to the correctional field officer, or both, or be involved in supervised job searches.   Pay restitution and program fees as directed by the department. Program fees shall not be less than Eighty-eight Dollars ($88.00) per month. The sentencing judge may charge a program fee of less than Eighty-eight Dollars ($88.00) per month in cases of extreme financial hardship, when such judge determines that the offender's participation in the program would provide a benefit to his community. Juvenile offenders shall not pay a program fee but shall pay a monthly fee as provided in Section 47-5-1007. Program fees shall be deposited in the special fund created in Section 47-5-1007.   Establish a place of residence at a place approved by the correctional field officer, and not change his residence without the officer's approval. The correctional officer shall be allowed to inspect the place of residence for alcoholic beverages, controlled substances and drug paraphernalia.   Remain at his place of residence at all times except to go to work, to attend school, to perform community service and as specifically allowed in each instance by the correctional field officer.   Allow administration of drug and alcohol tests as requested by the field officer.   Perform not less than ten (10) hours of community service each month.   Meet any other conditions imposed by the court to meet the needs of the offender and limit the risks to the community.
MS Code § 47-5-1014 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Intensive Supervision Program; Electronic Home Detention|§ 47-5-1014. Monthly supervision fee for those participating in program since July 1, 2004

  Participants who have been in the intensive supervision program since July 1, 2004, whether placed into the program before or after July 1, 2004, shall pay a Fifty Dollar ($50.00) monthly supervision fee to the Mississippi Department of Corrections for their supervision from July 1, 2004, or from the date the participant entered the program after July 1, 2004, until completion of the program, or April 6, 2005, or whichever occurs first. From and after April 6, 2005, all participants of the intensive supervision program shall pay the fee as established in Section 47-5-1013.   The Department of Corrections shall use its best effort to collect the monthly supervision fees in arrearage under this section.   A participant's failure to pay the monthly fees in arrearage shall not be deemed a violation of a condition of the program, and the participant shall not be removed from the program for failure to pay the monthly fees in arrearage.   This section shall not apply to any fees incurred after April 6, 2005.   Any arrearage remaining under this section at the end of the offender's participation in the program shall automatically be reduced to a civil judgment and upon notice by the Department of Corrections shall be recorded with the circuit court clerk in the county wherein the participant resides. The Department of Corrections and/or the district attorney shall use best efforts to collect the judgment.
MS Code § 47-5-1015 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Intensive Supervision Program; Electronic Home Detention|§ 47-5-1015. Repeal of §§ 47-5-1001 through 47-5-1015

 Sections 47-5-1001 through 47-5-1015 shall stand repealed after June 30, 2022.
MS Code § 47-5-1101 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Special Needs Prison Program of 1994|§ 47-5-1101. Short title

 Sections 47-5-1101 through 47-5-1123 shall be cited as the "Special Needs Prison Program of 1994."
MS Code § 47-5-1103 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Special Needs Prison Program of 1994|§ 47-5-1103. Definitions

 As used in Sections 47-5-1101 through 47-5-1123, unless the context otherwise requires:   "Commissioner" means the Commissioner of Corrections.   "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.   "Department" means the Department of Corrections.   "Special needs" means an inmate with diminished mental or physical health requiring specialized health care facilities or services. This does not include HIV positive inmates.
MS Code § 47-5-1105 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Special Needs Prison Program of 1994|§ 47-5-1105. Contracts for special needs facilities and services; eligibility of inmate for special needs facility; rates and benefits standards

  The commissioner is authorized to enter into contracts for a special needs correctional facility and services only as provided in Sections 47-5-1101 through 47-5-1123.   No contract shall be entered into unless it offers cost savings of at least ten percent (10%) to the department.   Any inmate sentenced to the custody of the department identified as having a special need may be eligible to be incarcerated in a special needs correctional facility in which a contractor is providing correctional services.   The rates and benefits for correctional services shall be negotiated by the commissioner based upon American Correction Association Standards, state law and court orders.   The special needs facility or the site for a proposed facility must comply with all local zoning ordinances and regulations.   The department may contract for the construction or leasing of a special needs facility. Any facility operated by a private contractor must house medium or maximum security inmates.
MS Code § 47-5-1107 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Special Needs Prison Program of 1994|§ 47-5-1107. Standards for design, construction, maintenance, and operation of facilities

 All facilities that are governed by this chapter shall be designed, constructed, and at all times maintained and operated in accordance with the American Correctional Association Standards in force at the time of contracting, as well as with subsequent ACA Standards to the extent that they are approved by the contracting agency. The facility shall meet the percentage of standards required for accreditation by the American Correctional Association.   In addition, all facilities shall at all times comply with all federal and state constitutional standards, federal, state and local laws, and all court orders.
MS Code § 47-5-1109 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Special Needs Prison Program of 1994|§ 47-5-1109. Term limits on contracts for operation and construction of facilities

 The initial contract for the operation of a facility or for incarceration of prisoners or inmates therein shall be for a period of not more than five (5) years with an option to renew for an additional period of two (2) years. Contracts for construction, purchase, or lease of a facility shall not exceed a term of fifteen (15) years. Any contract for housing beyond the initial five (5) years shall be subject to annual appropriation by the Legislature if public funds are used to finance the construction.
MS Code § 47-5-1111 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Special Needs Prison Program of 1994|§ 47-5-1111. Private "correctional officers" of contractors; use of force and firearms restricted; training

  A contractor's employees serving as "correctional officers" shall be allowed to use force only while on the grounds of a facility, while transporting inmates, and while pursuing escapees from a facility.   A contractor shall be authorized to use only such nondeadly force as the circumstances require in the following situations: to prevent the commission of a felony or misdemeanor, including escape; to defend oneself or others against physical assault; to prevent serious damage to property; to enforce institutional regulations and orders; and to prevent or quell a riot.   A contractor's employees, while performing their officially assigned duties relating to the custody, control, transportation, recapture or arrest of any escaped offender assigned to a contract prison, shall be authorized to use force and firearms as necessary to pursue and recapture escapees.   Private correctional officers who have been appropriately certified as determined by the contracting agency and trained pursuant to the provisions of subsection (5) shall have the right to carry and use firearms and shall exercise such authority and use deadly force only as a last resort, and then only to prevent an act that could result in death or serious bodily injury to oneself or to another person.   Private correctional officers shall be trained in the use of force and the use of firearms, in accordance with ACA Standards and shall be trained, at the contractor's expense, for at least the minimum number of hours that public personnel are currently trained.
MS Code § 47-5-1113 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Special Needs Prison Program of 1994|§ 47-5-1113. Employee training

 All employees of a facility operated pursuant to Sections 47-5-1101 through 47-5-1123 must receive, at a minimum, the same quality and quantity of training as that required by the state, for employees of public correctional and detention facilities. All training expenses shall be the responsibility of the contractor.
MS Code § 47-5-1115 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Special Needs Prison Program of 1994|§ 47-5-1115. Prerequisites for contracting for correctional services

 A contract for correctional services shall not be entered into unless the following requirements are met:   The contractor provides an adequate plan of insurance, specifically including insurance for civil rights claims, as determined by an independent risk management/actuarial firm with demonstrated experience in public liability for state governments. In determining the adequacy of the plan, such firm shall determine whether:   The insurance is adequate to protect the state from any and all actions by a third party against the contractor or the state as a result of the contract;   The insurance is adequate to protect the state against any and all claims arising as a result of any occurrence during the term of the contract; that is, the insurance is adequate on an occurrence basis, not on a claims-made basis;   The insurance is adequate to assure the contractor's ability to fulfill its contract with the state in all respects, and to assure that the contractor is not limited in this ability because of financial liability which results from judgments; and   The insurance is adequate to satisfy such other requirements specified by the independent risk management/actuarial firm.   The sovereign immunity of the state shall not apply to the contractor. Neither the contractor nor the insurer of the contractor may plead the defense of sovereign immunity in any action arising out of the performance of the contract.
MS Code § 47-5-1117 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Special Needs Prison Program of 1994|§ 47-5-1117. Plan for resumption of state control of facility upon termination of contract

 A plan shall be developed and certified by the commissioner which demonstrates the method by which the state would resume control of the prison upon contract termination. Such plan shall be submitted for review and comment to law enforcement agencies, the district attorney and circuit judges in the county in which the prison is located.
MS Code § 47-5-1119 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Special Needs Prison Program of 1994|§ 47-5-1119. Monitoring of contracts and facilities by commissioner and medical director

  The commissioner shall monitor any contracts with prison contractors providing correctional services and shall report at least annually, or as requested, to the Senate Committee on Corrections and the House Penitentiary Committee on the performance of the contractor.   The medical director of the department shall be responsible for monitoring all aspects of the facility. The medical director may designate a person to assist in monitoring at the facility, as the medical director determines to be necessary. The medical director shall be provided an on-site work area, shall be on-site on a daily basis, and shall have access to all areas of the facility and to inmates and staff at all times. The contractor shall provide any and all data, reports and other materials that the medical director determines are necessary to carry out monitoring responsibilities under this section.
MS Code § 47-5-1121 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Special Needs Prison Program of 1994|§ 47-5-1121. Nondelegable responsibilities

 No contract for private correctional facilities or services shall authorize, allow, or imply a delegation of the authority or responsibility of the state to a prison contractor to:   Classify inmates or place inmates in less restrictive custody or more restrictive custody;   Transfer an inmate, although the contractor may recommend in writing that the department transfer a particular inmate;   Grant, deny, or revoke sentence credits;   Recommend that the parole board either deny or grant parole, although the contractor may submit written reports that have been prepared in the ordinary course of business;   Develop and implement procedures for calculating sentence credits or inmate release and parole eligibility dates;   Require an inmate to work, except on department-approved projects; approve the type of work that inmates may perform; or award or withhold wages or sentence credits based on the manner in which individual inmates perform such work; or   Determine inmate eligibility for furlough and work release.
MS Code § 47-5-1201 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|State Prison Emergency Construction and Management Board|§ 47-5-1201. Legislative intent and purpose

 The purpose of this legislation is to alleviate the immediate and the projected operating capacity needs of the state correctional system by providing for the immediate and long-term addition of correctional facilities. It is the intent of the Legislature that agencies expedite the procurement of facilities to alleviate the short-term emergency capacity needs of the correctional system.