reglab/housing_qa huggingface dataset:
MS Code § 47-5-605 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Drug Identification Program|§ 47-5-605. Fees and costs for administering chemical analysis test

 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.
MS Code § 47-5-701 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Prison Overcrowding Emergency Powers Act|§ 47-5-701. Short title

 Sections 47-5-701 through 47-5-729 shall be known and may be cited as the "Prison Overcrowding Emergency Powers Act."
MS Code § 47-5-703 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Prison Overcrowding Emergency Powers Act|§ 47-5-703. Definitions

 For the purposes of Sections 47-5-701 through 47-5-729 the following words shall have the meaning ascribed herein unless the context shall otherwise require:   "Inmate" means every person who at the time of the declaration of a prison system overcrowding state of emergency, or at any time during the continuation of a state of emergency, is incarcerated by the Mississippi Department of Corrections as a result of a commitment to the department, including persons committed to the department and incarcerated in local or county jails or other facilities authorized to house state inmates.   "Operating capacity" means the total number of state inmates which can be safely and reasonably housed in facilities operated by the Department of Corrections and in local or county jails or other facilities authorized to house state inmates as certified by the department, subject to applicable federal and state laws and rules and regulations.   "Parole eligibility date" means the date on which an inmate becomes eligible for release by parole under the provisions of Section 47-7-3, Mississippi Code of 1972. For the purposes of Sections 47-5-701 through 47-5-729, an inmate with a sentence of one (1) year shall be deemed to have a parole eligibility date which shall be the last day of his sentence.   "Prison" means any correctional facility operated by the Mississippi Department of Corrections.   "Prison system" means the prisons operated by the Mississippi Department of Corrections and those local or county jails or other facilities authorized to house state inmates.   "Prison system population" means the total number of state inmates housed in the prisons operated by the Mississippi Department of Corrections and in those local or county jails or other facilities authorized to house state inmates.   "Qualified inmate" means inmates who are not incarcerated for convictions of murder, kidnapping, arson, armed robbery, rape, sexual offenses or any offense involving the use of a deadly weapon and who are within that number of days of their parole eligibility date at the time of the declaration of the state of emergency as is specified to be conditionally advanced under the declaration of the state of emergency. An inmate sentenced as an habitual offender shall not be considered a "qualified inmate."   "State of emergency" means a prison system overcrowding state of emergency as provided in Section 47-5-711.
MS Code § 47-5-705 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Prison Overcrowding Emergency Powers Act|§ 47-5-705. Requirements for declaration of state of emergency

 The requirements for the declaration of a prison system overcrowding state of emergency are as follows:   Prison system population in excess of ninety-five percent (95%) of the prison system operating capacity for at least thirty (30) consecutive days immediately preceding the declaration of a state of emergency;   Full appropriate utilization by the Mississippi Department of Corrections of powers which tend either to reduce prison system population or expand operating capacity. Such powers include, but are not limited to, earned time allowances as specified in Sections 47-5-138 and 47-5-139, Mississippi Code of 1972, review of offenders for purposes of reclassification, reevaluation of persons eligible for consideration for work release, supervised earned release or other release programs authorized by law and arrangements for housing inmates of the Department of Corrections in local or county jails or other facilities authorized to house state inmates; and   Full appropriate utilization by the State Parole Board of those powers which tend to reduce the prison system population. Such powers include, but are not limited to, parole as provided in Section 47-7-3, Mississippi Code of 1972, the review of inmates who have had their parole revoked and the reevaluation of inmates previously denied parole.
MS Code § 47-5-707 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Prison Overcrowding Emergency Powers Act|§ 47-5-707. Notice of overcrowded prison conditions; thirty-day report of overcrowded prison conditions

 Whenever the prison system population exceeds ninety-five percent (95%) of operating capacity, the Commissioner of Corrections shall immediately notify the Governor and the State Parole Board of this fact. The notice shall include the current prison system population and the prison system operating capacity. A report must be made within ten (10) days after the thirtieth day of operating in excess of ninety-five percent (95%) of operating capacity. The report shall include the prison system operating capacity, the prison system population during the relevant time period, and may include a recommended specific term of advancement of the parole eligibility dates.
MS Code § 47-5-709 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Prison Overcrowding Emergency Powers Act|§ 47-5-709. Thirty-day report by State Parole Board

 If the prison system population exceeds ninety-five percent (95%) of operating capacity for thirty (30) consecutive days, the State Parole Board shall meet to determine whether there has been full appropriate exercise of the powers of the State Parole Board which tend to reduce the prison system population. The State Parole Board shall report its findings to the Governor within ten (10) days after the thirtieth day of operating in excess of ninety-five percent (95%) of prison operating capacity. The report shall include the determination of the State Parole Board regarding its utilization of powers described in paragraph (c) of Section 47-5-705.
MS Code § 47-5-711 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Prison Overcrowding Emergency Powers Act|§ 47-5-711. Powers of Governor upon receipt of reports

 Upon receipt of the report from the Commissioner of Corrections and the report of the State Parole Board, the Governor has the power to:   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;   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   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.
MS Code § 47-5-713 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Prison Overcrowding Emergency Powers Act|§ 47-5-713. Advancement of parole eligibility dates during state of emergency

 Upon the declaration of a state of emergency, the parole eligibility dates of qualified inmates shall be conditionally advanced. The amount of advancement of parole eligibility dates must be specified in the declaration by the Governor. When the state of emergency has been terminated, the parole eligibility dates which were conditionally advanced shall be reset to the parole eligibility date set prior to the emergency for those inmates who were not released on parole under the provisions of Sections 47-5-701 through 47-5-729.
MS Code § 47-5-715 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Prison Overcrowding Emergency Powers Act|§ 47-5-715. Weekly certification of population figures during state of emergency; termination of state of emergency

 During the continuation of a state of emergency, the Commissioner of the Department of Corrections shall weekly certify to the Governor the prison system population for each day of the preceding week. The Governor shall declare the state of emergency terminated upon notification that the prison system population has been at or below ninety-five percent (95%) of operating capacity for seven (7) consecutive days.   If no declaration of termination is issued within seven (7) days after the certification of conditions for termination of the state of emergency, the state of emergency is considered terminated as of the seventh day after the certification.
MS Code § 47-5-717 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Prison Overcrowding Emergency Powers Act|§ 47-5-717. Sixty-day report of overcrowded prison conditions

 If sixty (60) days after the declaration of a prison system overcrowding state of emergency or of an additional advancement of the parole eligibility dates the prison system population continues to be in excess of ninety-five percent (95%) of operating capacity, the Commissioner of Corrections shall report to the Governor indicating whether an additional advancement of the parole eligibility dates is necessary in order to reduce the prison system population to ninety-five percent (95%) of operating capacity and indicating the amount of any recommended additional advancement of the parole eligibility dates. The recommended amount must be no less than thirty (30) days nor more than ninety (90) days. The report shall include those factors which would tend to indicate that the prison system population is likely to increase above operating capacity within ninety (90) days. The report shall discuss the availability of field supervisors, the currently existing supervision case loads, and the measures that could be taken and the resources that would be needed to provide appropriate supervision of persons released early as a result of an additional advancement of the parole eligibility dates.
MS Code § 47-5-719 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Prison Overcrowding Emergency Powers Act|§ 47-5-719. Powers of Governor upon receipt of report

 Upon receipt of the report from the Commissioner of Corrections as provided in Section 47-5-717, the Governor has the power to:   Determine to be in error any conclusion of the Commissioner of Corrections that an additional advancement of the parole eligibility dates is necessary in order for the prison system population to be reduced to ninety-five percent (95%) of operating capacity, in which case no additional advancements of the parole eligibility dates shall occur;   Determine that the ordering of additional advancements of the parole eligibility dates 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 additional advancement of parole eligibility dates shall occur; or   Determine that an additional advancement of the parole eligibility dates is necessary in order for the prison system population to be reduced to ninety-five percent (95%) of operating capacity and order additional advancements specifying the amount of additional advancements, which shall be at least thirty (30) and not more than ninety (90) days.   If fourteen (14) days after the receipt of the report to the Governor pursuant to Section 47-5-717 including a determination of the Commissioner of Corrections that an additional advancement of the parole eligibility dates is not necessary in order for the prison system population to be reduced to ninety-five percent (95%) of operating capacity the Governor has not exercised the power provided in paragraph (c) of this section, action initiated under Section 47-5-717 is considered terminated.   If the Governor exercises a power provided 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.   If the Governor orders additional advancements of the parole eligibility dates under this section, the amount of advancement of the parole eligibility dates must be as ordered by the Governor.
MS Code § 47-5-721 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Prison Overcrowding Emergency Powers Act|§ 47-5-721. Termination of state of emergency by order of Governor

 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.
MS Code § 47-5-723 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Prison Overcrowding Emergency Powers Act|§ 47-5-723. Revocation of conditional advancement of parole eligibility date

 Revocation of the conditional advancement of the parole eligibility date is a permissible prison disciplinary action according to the same procedures governing the forfeiture of earned time allowances as a prison disciplinary action.
MS Code § 47-5-725 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Prison Overcrowding Emergency Powers Act|§ 47-5-725. Conditions of advancement of parole eligibility date

 The State Parole Board shall prescribe conditions of advancement of the parole eligibility date applicable prior to an inmate's release. The State Parole Board shall prescribe conditions of supervision consistent with existing regulations applicable after release on parole. When an inmate is released under the provisions of Sections 47-5-701 through 47-5-729 he shall be considered to be in the legal custody of the Department of Corrections.
MS Code § 47-5-727 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Prison Overcrowding Emergency Powers Act|§ 47-5-727. Advancement of parole eligibility date to be independent of other adjustments

 Advancement of parole eligibility dates under Sections 47-5-701 through 47-5-729 shall occur independently of all other adjustments of the parole eligibility dates, such as advancing the parole eligibility dates as a result of receiving earned time allowances.
MS Code § 47-5-729 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Prison Overcrowding Emergency Powers Act|§ 47-5-729. Establishment and quarterly certification or alteration of operating capacities

 The Commissioner of Corrections shall within thirty (30) days after April 10, 1985, establish the operating capacities of the prison system, and shall at least quarterly certify existing operating capacities or establish changed or new operating capacities.
MS Code § 47-5-731 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Prison Overcrowding Emergency Powers Act|§ 47-5-731. Repeal of Sections 47-5-701 through 47-5-729

 Sections 47-5-701 through 47-5-729, Mississippi Code of 1972, which create the Prison Overcrowding Emergency Powers Act, shall stand repealed from and after July 1, 2022.
MS Code § 47-5-801 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Administrative Review Procedure|§ 47-5-801. Authority to adopt administrative review procedure

 The Department of Corrections is hereby authorized to adopt an administrative review procedure at each of its correctional facilities in compliance with 42 USCS Section 1997, the "Civil Rights of Institutionalized Persons Act," or CRIPA, and Part 40 of Title 28, Code of Federal Regulations.
MS Code § 47-5-803 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Administrative Review Procedure|§ 47-5-803. Procedure constitutes administrative remedies available to offenders for purpose of preserving cause of action against state

  Upon approval of the administrative review procedure by a federal court as authorized and required by the Civil Rights of Institutionalized Persons Act, and the implementation of the procedure within the department, this procedure shall constitute the administrative remedies available to offenders for the purpose of preserving any cause of action such offenders may claim to have against the State of Mississippi, the Department of Corrections or its officials or employees.   No state court shall entertain an offender's grievance or complaint which falls under the purview of the administrative review procedure unless and until such offender shall have exhausted the remedies as provided in such procedure. If at the time the petition is filed the administrative review process has not yet been completed, the court shall stay the proceedings for a period not to exceed ninety (90) days to allow for completion of the procedure and exhaustion of the remedies thereunder.
MS Code § 47-5-805 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Administrative Review Procedure|§ 47-5-805. Application of procedures to pending lawsuits

 Any offender who, on July 1, 1994, is a plaintiff in a lawsuit naming the state, the Department of Corrections or an official or an employee of the Department of Corrections as a defendant or defendants shall be furnished notice by certified mail of Sections 47-5-801 through 47-5-807 and the fact and date of the enactment of the administrative review procedure, and proof of notice of service of the offender plaintiff shall be filed in the offender's court record where such lawsuit is pending. Any offender so notified by certified mail shall, within thirty (30) days after receipt of such notice, commence administrative review, under the administrative review procedure, of the complaint which is the subject matter of his lawsuit. Any such pending lawsuit, on July 1, 1994, shall be stayed by the court for a period not to exceed ninety (90) days in order to require exhaustion of the remedies as provided under the administrative review procedure. If an offender fails to completely utilize the administrative review procedure during the period of the stay, then the court may consider this as a factor in deciding whether the case may proceed.
MS Code § 47-5-807 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|Administrative Review Procedure|§ 47-5-807. Judicial review of agency decision

 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.
MS Code § 47-5-903 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|State Offenders Serving Sentences in County Jails|§ 47-5-903. Other conditions under which sentence may be served in county jail; governmental liability

  A person committed, sentenced or otherwise placed under the custody of the Department of Corrections, on order of the sentencing court, may serve his sentence in the county jail of the county where convicted if all of the following conditions are complied with:   The person must be classified in accordance with Section 47-5-905;   The person must not be classified as in need of close supervision;   The sheriff of the county where the person will serve his sentence must request in writing that the person be allowed to serve his sentence in that county jail;   After the person is classified and returned to the county, the county shall assume the full and complete responsibility for the care and expenses of housing such person; and   The county jail must be an approved county jail for housing state inmates under federal court order.     This section does not apply to inmates housed in county jails due to lack of space at state correctional facilities. The department shall not reimburse the county for the expense of housing an inmate under this section.   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.   The state, the Department of Corrections, and its employees or agents, shall not be liable to any person or entity for an inmate held in a county jail under this section.
MS Code § 47-5-905 (2020)
2020 Mississippi Code|Title 47 - Prisons and Prisoners; Probation and Parole|Chapter 5 - Correctional System|State Offenders Serving Sentences in County Jails|§ 47-5-905. Processing and classification of inmates

  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.   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.