reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › ADMINISTRATIVE REVIEW PROCEDURE (§§ 47-5-801 — 47-5-807) › Section 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.
Laws, 1989, ch. 563, § 3; Laws, 1994, ch. 444, § 1, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › ADMINISTRATIVE REVIEW PROCEDURE (§§ 47-5-801 — 47-5-807) › Section 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.
Laws, 1989, ch. 563, § 4, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › STATE OFFENDERS SERVING SENTENCES IN COUNTY JAILS (§§ 47-5-901 — 47-5-911) › Section 47-5-903 - [Repealed effective 7/1/2027] Other conditions under which sentence may be served in county jail; governmental liability

(1)
A person committed, sentenced or otherwise placed under the custody of the Department of Corrections, on order of the sentencing court, may serve his or her sentence in any county jail if all of the following conditions are complied with:
(a)
The person must be classified in accordance with Section
47-5-905
;
(b)
The person must not be classified as in need of close supervision;
(c)
The sheriff of the county where the person will serve his or her sentence must request in writing that the person be allowed to serve his or her sentence in that county jail;
(d)
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
(e)
The county jail must be an approved county jail for housing state inmates under federal court order.
(2)
This section does not apply to inmates housed in county jails due to lack of space at state correctional facilities. The department may reimburse the county for the expense of housing an inmate under this section.
(3)
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.
(4)
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.
Laws, 1992, ch. 547, § 2; reenacted without change, Laws, 1997, ch. 408, § 2; reenacted without change, Laws, 1998, ch. 419, § 2; reenacted without change, Laws, 1999, ch. 538, § 2; reenacted without change, Laws, 2002, ch. 426, § 2; reenacted without change, Laws, 2003, ch. 421, § 2; reenacted without change, Laws, 2004, ch. 537, § 2; reenacted without change, Laws, 2005, ch. 395, § 2; reenacted without change, Laws, 2007, ch. 603, § 2; reenacted without change, Laws, 2008, ch. 323, § 2; reenacted without change Laws, 2012, ch. 317, § 2, eff. 4/5/2012.
Reenacted by Laws, 2024, ch. 458, HB 757,§ 2, eff. 7/1/2024.
Amended by Laws, 2022, ch. 405, HB 906,§ 1, eff. 7/1/2022.
Reenacted by Laws, 2020, ch. 456, SB 2279,§ 2, eff. 7/1/2020.
Reenacted by Laws, 2020, ch. 485, HB 685,§ 2, eff. 7/1/2020.
Reenacted by Laws, 2016, ch. 408, HB 479, 2, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › STATE OFFENDERS SERVING SENTENCES IN COUNTY JAILS (§§ 47-5-901 — 47-5-911) › Section 47-5-905 - [Repealed effective 7/1/2027] Processing and classification of inmates

(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.
Laws, 1992, ch. 547, § 3; reenacted without change, Laws, 1997, ch. 408, § 3; reenacted without change, Laws, 1998, ch. 419, § 3; reenacted without change, Laws, 1999, ch. 538, § 3; reenacted without change, Laws, 2002, ch. 426, § 3; reenacted without change, Laws, 2003, ch. 421, § 3; reenacted without change, Laws, 2004, ch. 537, § 3; reenacted without change, Laws, 2005, ch. 395, § 3; reenacted without change, Laws, 2007, ch. 603, § 3; reenacted without change, Laws, 2008, ch. 323, § 3; reenacted without change, Laws, 2012, ch. 317, § 3, eff. 4/5/2012.
Reenacted by Laws, 2024, ch. 458, HB 757,§ 3, eff. 7/1/2024.
Reenacted by Laws, 2020, ch. 456, SB 2279,§ 3, eff. 7/1/2020.
Reenacted by Laws, 2020, ch. 485, HB 685,§ 3, eff. 7/1/2020.
Reenacted by Laws, 2016, ch. 408, HB 479, 3, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › STATE OFFENDERS SERVING SENTENCES IN COUNTY JAILS (§§ 47-5-901 — 47-5-911) › Section 47-5-907 - [Repealed effective 7/1/2027] Removal of state inmate from county jail; petition; grounds; immunity from liability

The sheriff of any county in this state shall have the right to petition the Commissioner of the Department of Corrections to remove a state inmate from the county jail in such county to the State Penitentiary. The commissioner shall remove such inmate from such county jail if the sheriff of such county sets forth just cause in his petition indicating why an inmate should be removed from such county jail to the State Penitentiary.
Just cause is established if such sheriff can sufficiently prove that such inmate has a dangerous behavior or sufficiently prove that there is no available or suitable medical facility where such inmate can be provided suitable medical services. The commissioner shall respond in writing to the petition no later than thirty (30) days after the receipt of such petition. If the petition to remove such inmate is denied by the commissioner, such sheriff and his agents shall have from the date of denial absolute immunity from liability for any injury resulting from subsequent behavior or from medical consequences regarding such inmate, provided that such injury resulted from conditions which were set forth in such petition.
Laws, 1992, ch. 547, § 4; reenacted without change, Laws, 1997, ch. 408, § 4; reenacted without change, Laws, 1998, ch. 419, § 4; reenacted without change, Laws, 1999, ch. 538, § 4; reenacted without change, Laws, 2002, ch. 426, § 4; reenacted without change, Laws, 2003, ch. 421, § 4; reenacted without change, Laws, 2004, ch. 537, § 4; reenacted without change, Laws, 2005, ch. 395, § 4; reenacted without change, Laws, 2007, ch. 603, § 4; reenacted without change, Laws, 2008, ch. 323, § 4; reenacted without change, Laws, 2012, ch. 317, § 4, eff. 4/5/2012.
Reenacted by Laws, 2024, ch. 458, HB 757,§ 4, eff. 7/1/2024.
Reenacted by Laws, 2020, ch. 456, SB 2279,§ 4, eff. 7/1/2020.
Reenacted by Laws, 2020, ch. 485, HB 685,§ 4, eff. 7/1/2020.
Reenacted and amended by Laws, 2016, ch. 408, HB 479, 4, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › STATE OFFENDERS SERVING SENTENCES IN COUNTY JAILS (§§ 47-5-901 — 47-5-911) › Section 47-5-909 - [Repealed effective 7/1/2027] Incarceration in county jails as temporary measure only; Department of Corrections to pay county jails for housing state offenders and provide for medical costs

(1)
It is the policy of the Legislature that all inmates be removed from county jails as early as practicable. Sections
47-5-901
through
47-5-907
are temporary measures to help alleviate the immediate operating capacity limitations at correctional facilities and are not permanent measures to be included in the long-term operating capacity of the correctional system.
(2)
Notwithstanding any other provision of law, to expedite the removal of inmates from county jails as early as practicable, absent a contract negotiated between the Department of Corrections and the county jail, the Department of Corrections shall pay county jails for housing state offenders out of any available funds as follows:
(a)
Twenty-five Dollars ($25.00) per day per offender for days one (1) through thirty (30);
(b)
Thirty-two Dollars and Seventy-one Cents ($32.71) per day per offender for days thirty-one (31) or greater when:
(i)
An offender remains in the county jail after 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 of Corrections, whichever is earlier; or
(ii)
An offender remains in the county jail after being revoked from parole or probation or is sentenced to a technical violation center.
(3)
The Department of Corrections is additionally responsible for all medical costs related to offenders housed at county jails under subsection (2) of this section.
Laws, 1992, ch. 547, § 5; reenacted without change, Laws, 1997, ch. 408, § 5; reenacted without change, Laws, 1998, ch. 419, § 5; reenacted without change, Laws, 1999, ch. 538, § 5; reenacted without change, Laws, 2002, ch. 426, § 5; reenacted without change, Laws, 2003, ch. 421, § 5; reenacted without change, Laws, 2004, ch. 537, § 5; reenacted without change, Laws, 2005, ch. 395, § 5; reenacted without change, Laws, 2007, ch. 603, § 5; reenacted without change, Laws, 2008, ch. 323, § 5; reenacted without change, Laws, 2012, ch. 317, § 5, eff. 4/5/2012.
Reenacted by Laws, 2024, ch. 458, HB 757,§ 5, eff. 7/1/2024.
Amended by Laws, 2023, ch. 491, SB 2495,§ 2, eff. 7/1/2023.
Reenacted by Laws, 2020, ch. 456, SB 2279,§ 5, eff. 7/1/2020.
Reenacted by Laws, 2020, ch. 485, HB 685,§ 5, eff. 7/1/2020.
Reenacted by Laws, 2016, ch. 408, HB 479, 5, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › STATE OFFENDERS SERVING SENTENCES IN COUNTY JAILS (§§ 47-5-901 — 47-5-911) › Section 47-5-911 - [Repealed effective 7/1/2027] Repeal of Sections 47-5-901 through 47-5-911

Sections
47-5-901
through
47-5-911
shall stand repealed on July 1, 2027.
Laws, 1992, ch. 547, § 6; Laws, 1994, ch. 311, § 1; Laws, 1995, ch. 418, § 1; Laws, 1997, ch. 408, § 6; Laws, 1998, ch. 419, § 6; Laws, 1999, ch. 538, § 6; Laws, 2001, ch. 364, § 1; Laws, 2003, ch. 421, § 6; Laws, 2004, ch. 537, § 6; Laws, 2005, ch. 395, § 6; Laws, 2007, ch. 354, § 1; Laws, 2007, ch. 603, § 6; Laws, 2008, ch. 323, § 6; reenacted and amended Laws, 2012, ch. 317, § 6, eff. 4/5/2012.
Amended by Laws, 2024, ch. 458, HB 757,§ 6, eff. 7/1/2024.
Reenacted and amended by Laws, 2020, ch. 456, SB 2279,§ 6, eff. 7/1/2020.
Reenacted and amended by Laws, 2020, ch. 485, HB 685,§ 6, eff. 7/1/2020.
Amended by Laws, 2016, ch. 408, HB 479, 6, eff. 7/1/2016.
Amended by Laws, 2014, ch. 457, HB 585, 60, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › INCARCERATION OF STATE OFFENDERS IN COUNTY OWNED OR LEASED CORRECTIONAL FACILITIES (§§ 47-5-931 — 47-5-953) › Section 47-5-933 - Contracts for incarceration of state offenders in county facilities; medical care

The Department of Corrections may contract for the purposes set out in Section
47-5-931
for a period of not more than twenty (20) years. The contract may provide that the Department of Corrections pay a fee of no more than Thirty-two Dollars and Seventy-one Cents ($32.71) per day for each offender that is housed in the facility. 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; provided, however, the department may reimburse each facility for contract medical services as provided by law in an amount not to exceed Six Dollars and Twenty-five Cents ($6.25) per day per offender.
Laws, 1995, ch. 585, § 2; Laws, 2007, ch. 539, § 2, eff. 7/1/2007.
Amended by Laws, 2023, ch. 480, HB 799,§ 2, eff. 7/1/2023.
Amended by Laws, 2020, ch. 464, SB 2684,§ 2, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › INCARCERATION OF STATE OFFENDERS IN COUNTY OWNED OR LEASED CORRECTIONAL FACILITIES (§§ 47-5-931 — 47-5-953) › Section 47-5-934 - Extension of contracts for incarceration in event of disruption due to natural disaster

If a regional facility authorized under Section
47-5-931
experiences a disruption in the housing of state inmates due to a natural disaster in which the Governor has declared a disaster emergency under the laws of this state or the President of the United States has declared an emergency or major disaster to exist in this state, notwithstanding the limitation prescribed in Section
47-5-933
, the term of the contract entered into by the Department of Corrections and the board of supervisors of the involved county or counties may be extended for a period not to exceed five (5) years.
Laws, 2002, ch. 617, § 14, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › INCARCERATION OF STATE OFFENDERS IN COUNTY OWNED OR LEASED CORRECTIONAL FACILITIES (§§ 47-5-931 — 47-5-953) › Section 47-5-935 - Sheriff of county designated Chief Corrections Officer for facility; responsibilities; additional compensation

Concurrent with the execution of a contract for housing of state offenders as authorized by Sections
47-5-931
through
47-5-941
, the sheriff of a county where the facility is located is designated as the Chief Corrections Officer for the facility housing state offenders, and in that capacity, shall assume responsibility for management of the corrections facility and for the provision of the care and control of the state offenders housed therein. The sheriff shall be subject to the direction of the department for management of the correctional facility. In addition to the compensation provided by Section
25-3-25
, the sheriff shall receive Fifteen Thousand Six Hundred Dollars ($15,600.00) as compensation for the duties specified in Sections
47-5-931
through
47-5-941
.
Laws, 1995, ch. 585, § 3, eff. 4/7/1995.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › INCARCERATION OF STATE OFFENDERS IN COUNTY OWNED OR LEASED CORRECTIONAL FACILITIES (§§ 47-5-931 — 47-5-953) › Section 47-5-937 - Exercise of power and authority regarding facility; exemption from certain requirements or restrictions

Sections
47-5-931
through
47-5-941
shall be full and complete authority for the exercise of all powers and authority granted herein and no requirements or restrictions of law which would otherwise be applicable to acts of the county or sheriff or the Department of Corrections shall be applicable except as expressly provided herein. The sheriff is expressly authorized to employ counsel to represent the facility to be paid a salary within the range allowed for a legal assistant to a district attorney with the employment to continue for a period of time not to exceed the duration of the indebtedness incurred for construction of the facility. The county or counties shall pay this cost and other costs incurred in the operation of the facility from the proceeds of the funds derived from the financing of the project and the housing of offenders.
Laws, 1995, ch. 585, § 4, eff. 4/7/1995.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › INCARCERATION OF STATE OFFENDERS IN COUNTY OWNED OR LEASED CORRECTIONAL FACILITIES (§§ 47-5-931 — 47-5-953) › Section 47-5-939 - Housing pretrial detainees, county offenders and other persons

In addition to housing offenders for the Department of Corrections, the Chief Corrections Officer may house pretrial detainees, county offenders and other persons legally subject to incarceration by order of a court of competent jurisdiction. All offenders are to be housed in accordance with American Corrections Association standards.
Laws, 1995, ch. 585, § 5, eff. 4/7/1995.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › INCARCERATION OF STATE OFFENDERS IN COUNTY OWNED OR LEASED CORRECTIONAL FACILITIES (§§ 47-5-931 — 47-5-953) › Section 47-5-941 - Authorization to contract with certain Wilkinson County authorities for private incarceration of state inmates

In addition to any other authority granted by law, the Department of Corrections may contract with the Wilkinson County industrial development or economic development authority for the private incarceration of not more than one thousand (1,000) state inmates at a facility in Wilkinson County. Any such contract must comply with Sections
47-5-1211
through
47-5-1227
.
Laws, 1995, ch. 585, § 6, eff. 4/7/1995.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › INCARCERATION OF STATE OFFENDERS IN COUNTY OWNED OR LEASED CORRECTIONAL FACILITIES (§§ 47-5-931 — 47-5-953) › Section 47-5-942 - Authorization to contract with a county to be determined by Department of Corrections for maximum security regional correctional facility

(1)
The Department of Corrections, in its discretion, may contract with the board of supervisors of a county to be determined by the department, to house not more than five hundred (500) adult male maximum security state inmates in a maximum security regional correctional facility constructed only with local, federal or private funds.
(2)
The Department of Corrections may contract for a period of not more than twenty-five (25) years. The contract shall comply with the cost-savings requirements provided in Section
47-5-1211
. The state shall retain responsibility for medical care for state offenders to the extent that is required by law.
Laws, 2008, ch. 536, § 1, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › INCARCERATION OF STATE OFFENDERS IN COUNTY OWNED OR LEASED CORRECTIONAL FACILITIES (§§ 47-5-931 — 47-5-953) › Section 47-5-943 - Contracts for incarceration; compliance with standards and statutes

The Mississippi Department of Corrections may contract with the Walnut Grove Correctional Authority or the governing authorities of the Municipality of Walnut Grove, Leake County, Mississippi, to provide for the private housing, care and control of not more than one thousand five hundred (1,500) offenders who are in the custody of the Department of Corrections at a maximum security facility in Walnut Grove. A county or circuit judge shall not order any offender to be housed in the correctional facility authorized in Sections
47-5-943
through
47-5-953
. Commitment of offenders shall not be to this facility, but shall be to the jurisdiction of the department. The commissioner shall assign newly sentenced offenders to an appropriate facility consistent with public safety. Any facility owned or leased by the Walnut Grove Correctional Authority or the Municipality of Walnut Grove for this purpose shall be designed, constructed, operated and maintained in accordance with American Correctional Association standards, and shall comply with all constitutional standards of the United States and the State of Mississippi and with all court orders that may now or hereinafter be applicable to the facility. The contract must comply with Sections
47-5-1211
through
47-5-1227
.
Laws, 1998, ch. 562, § 1; Laws, 2002, ch. 579, § 1; Laws, 2004, ch. 537, § 7; Laws, 2005, ch. 517, § 1; Laws, 2007, ch. 417, § 1; Laws, 2012, ch. 489, § 1, eff. 4/26/2012.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › INCARCERATION OF STATE OFFENDERS IN COUNTY OWNED OR LEASED CORRECTIONAL FACILITIES (§§ 47-5-931 — 47-5-953) › Section 47-5-945 - Contract restrictions; time; terms; medical care of offenders

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.
Laws, 1998, ch. 562, § 2, eff. 4/17/1998.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › INCARCERATION OF STATE OFFENDERS IN COUNTY OWNED OR LEASED CORRECTIONAL FACILITIES (§§ 47-5-931 — 47-5-953) › Section 47-5-947 - [Repealed]

Repealed by Laws of 2012, ch. 395, § 1, eff. 7/1/2012.
Laws, 1998, ch. 562, § 3, eff. 4/17/1998.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › INCARCERATION OF STATE OFFENDERS IN COUNTY OWNED OR LEASED CORRECTIONAL FACILITIES (§§ 47-5-931 — 47-5-953) › Section 47-5-949 - Continuing education; high school level degree; vocational education

The correctional facility authorized in Section
47-5-943
shall provide any juvenile offender housed in the facility with continuing education throughout his incarceration which leads to the presentation of a high school diploma or High School Equivalency Diploma equivalent. The facility also shall provide a program of vocational education, which is to be included in the continuing education program for a high school diploma or High School Equivalency Diploma equivalent.
Laws, 1998, ch. 562, § 4, eff. 4/17/1998.
Amended by Laws, 2014, ch. 398, HB 426, 15, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › INCARCERATION OF STATE OFFENDERS IN COUNTY OWNED OR LEASED CORRECTIONAL FACILITIES (§§ 47-5-931 — 47-5-953) › Section 47-5-951 - Alcohol and drug counseling and treatment

The correctional facility authorized in Section
47-5-943
shall provide each juvenile offender housed in the facility alcohol and drug counseling and treatment throughout his incarceration.
Laws, 1998, ch. 562, § 5, eff. 4/17/1998.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › INCARCERATION OF STATE OFFENDERS IN COUNTY OWNED OR LEASED CORRECTIONAL FACILITIES (§§ 47-5-931 — 47-5-953) › Section 47-5-953 - Construction of subsequent facilities; locations; requirements and standards

(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
.
Laws, 1998, ch. 562, § 6, eff. 4/17/1998.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › INTENSIVE SUPERVISION PROGRAM; ELECTRONIC HOME DETENTION (§§ 47-5-1001 — 47-5-1015) › Section 47-5-1001 - [Repealed Effective 7/1/2025] Definitions

For purposes of Sections
47-5-1001
through
47-5-1015
, the following words shall have the meaning ascribed herein unless the context shall otherwise require:
(a)
"Approved electronic monitoring device" means a device approved by the department which is primarily intended to record and transmit information regarding the offender's presence or nonpresence in the home.
(b)
"Correctional field officer" means the supervising probation and parole officer in charge of supervising the offender.
(c)
"Court" means a circuit court having jurisdiction to place an offender into the intensive supervision program.
(d)
"Department" means the Department of Corrections.
(e)
"House arrest" means the confinement of a person convicted or charged with a crime to his place of residence under the terms and conditions established by the department or court.
(f)
"Operating capacity" means the total number of state offenders which can be safely and reasonably housed in facilities operated by the department and in local or county jails or other facilities authorized to house state offenders as certified by the department, subject to applicable federal and state laws and rules and regulations.
(g)
"Participant" means an offender placed into an intensive supervision program.
Laws, 1993, ch. 576, § 1; Laws, 1994, ch. 606, § 2; reenacted without change, Laws, 1999, ch. 539, § 1; reenacted without change, Laws, 2001, ch. 482, § 2; reenacted without change, Laws, 2003, ch. 418, § 1; reenacted without change, Laws, 2005, ch. 485, § 2; reenacted without change, Laws, 2006, ch. 392, § 1; reenacted without change, Laws, 2008, ch. 479, § 1; reenacted without change, Laws, 2012, ch. 316, § 1, eff. 4/5/2012.
Reenacted without change by Laws, 2022, ch. 311, HB 534,§ 1, eff. 6/30/2022.
Reenacted without change by Laws, 2018, ch. 408, HB 879,§ 1, eff. 6/30/2018.
Reenacted without change by Laws, 2014, ch. 317, SB 2608, 1, eff. 3/12/2014.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › INTENSIVE SUPERVISION PROGRAM; ELECTRONIC HOME DETENTION (§§ 47-5-1001 — 47-5-1015) › Section 47-5-1005 - [Repealed Effective 7/1/2025] Rules and guidelines for operation of intensive supervision program; approval and leasing of electronic monitoring devices

(1)
The department shall promulgate rules that prescribe reasonable guidelines under which an intensive supervision program shall operate. These rules shall include, but not be limited to, the following:
(a)
The participant shall remain within the interior premises or within the property boundaries of his or her residence at all times during the hours designated by the correctional field officer.
(b)
Approved absences from the home may include, but are not limited to, the following:
(i)
Working or employment approved by the court or department and traveling to or from approved employment;
(ii)
Unemployed and seeking employment approved for the participant by the court or department;
(iii)
Undergoing medical, psychiatric, mental health treatment, counseling or other treatment programs approved for the participant by the court or department;
(iv)
Attending an educational institution or a program approved for the participant by the court or department;
(v)
Participating in community work release or a community service program approved for the participant by the court or department; or
(vi)
For another compelling reason consistent with the public interest, as approved by the court or department.
(c)
Except in case of a medical emergency and approval by the Commissioner of the Department of Corrections, or his designee, or by circuit court order for medical purposes, no participant in the intensive supervision program may leave the jurisdiction of the State of Mississippi.
(2)
The department shall select and approve all electronic monitoring devices used under Sections
47-5-1001
through
47-5-1015
.
(3)
The department may lease the equipment necessary to implement the intensive supervision program and to contract for the monitoring of such devices. The department is authorized to select the lowest price and best source in contracting for these services.
Laws, 1993, ch. 576, § 3; Laws, 2007, ch. 598, § 1; reenacted without change, Laws, 2008, ch. 479, § 3; reenacted without change, Laws, 2012, ch. 316, § 3, eff. 4/5/2012.
Reenacted without change by Laws, 2022, ch. 311, HB 534,§ 3, eff. 6/30/2022.
Reenacted without change by Laws, 2018, ch. 408, HB 879,§ 3, eff. 6/30/2018.
Reenacted without change by Laws, 2014, ch. 317, SB 2608, 3, eff. 3/12/2014.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › INTENSIVE SUPERVISION PROGRAM; ELECTRONIC HOME DETENTION (§§ 47-5-1001 — 47-5-1015) › Section 47-5-1009 - [Repealed Effective 7/1/2025] Immunity of department; audit

(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
.
Laws, 1993, ch. 576, § 5; reenacted without change, Laws, 1999, ch. 539, § 5; reenacted without change, Laws, 2001, ch. 482, § 5; reenacted without change, Laws, 2003, ch. 418, § 5; reenacted without change, Laws, 2005, ch. 485, § 6; reenacted without change, Laws, 2006, ch. 392, § 5; reenacted without change, Laws, 2008, ch. 479, § 5; reenacted without change, Laws, 2012, ch. 316, § 5, eff. 4/5/2012.
Reenacted without change by Laws, 2022, ch. 311, HB 534,§ 5, eff. 6/30/2022.
Reenacted without change by Laws, 2018, ch. 408, HB 879,§ 5, eff. 6/30/2018.
Reenacted without change by Laws, 2014, ch. 317, SB 2608, 5, eff. 3/12/2014.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › INTENSIVE SUPERVISION PROGRAM; ELECTRONIC HOME DETENTION (§§ 47-5-1001 — 47-5-1015) › Section 47-5-1011 - [Repealed Effective 7/1/2025] Prior notification of participant and co-residents regarding nature and extent of electronic monitoring devices; damage to equipment; noncriminal environment to be maintained

(1)
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:
(a)
Securing the written consent of the participant in the program to comply with the rules and regulations of the program.
(b)
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.
(c)
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
.
(2)
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.
(3)
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.
Laws, 1993, ch. 576, § 6; Laws, 1994, ch. 606, § 4; reenacted without change, Laws, 1999, ch. 539, § 6; reenacted without change, Laws, 2001, ch. 482, § 6; reenacted without change, Laws, 2003, ch. 418, § 6; reenacted without change, Laws, 2005, ch. 485, § 7; reenacted without change, Laws, 2006, ch. 392, § 6; reenacted without change, Laws, 2008, ch. 479, § 6; reenacted without change, Laws, 2012, ch. 316, § 6, eff. 4/5/2012.
Reenacted without change by Laws, 2022, ch. 311, HB 534,§ 6, eff. 6/30/2022.
Reenacted without change by Laws, 2018, ch. 408, HB 879,§ 6, eff. 6/30/2018.
Reenacted without change by Laws, 2014, ch. 317, SB 2608, 6, eff. 3/12/2014.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › INTENSIVE SUPERVISION PROGRAM; ELECTRONIC HOME DETENTION (§§ 47-5-1001 — 47-5-1015) › Section 47-5-1013 - [Repealed Effective 7/1/2025] Conditions for participation in intensive supervision program

Participants enrolled in an intensive supervision program shall be required to:
(a)
Maintain employment if physically able, or full-time student status at an approved school or vocational trade, and make progress deemed satisfactory to the correctional field officer, or both, or be involved in supervised job searches.
(b)
Pay restitution and program fees as directed by the department. Program fees shall not be less than Eighty-eight Dollars ($88.00) per month. The sentencing judge may charge a program fee of less than Eighty-eight Dollars ($88.00) per month in cases of extreme financial hardship, when such judge determines that the offender's participation in the program would provide a benefit to his community. Juvenile offenders shall not pay a program fee but shall pay a monthly fee as provided in Section
47-5-1007
. Program fees shall be deposited in the special fund created in Section
47-5-1007
.
(c)
Establish a place of residence at a place approved by the correctional field officer, and not change his residence without the officer's approval. The correctional officer shall be allowed to inspect the place of residence for alcoholic beverages, controlled substances and drug paraphernalia.
(d)
Remain at his place of residence at all times except to go to work, to attend school, to perform community service and as specifically allowed in each instance by the correctional field officer.
(e)
Allow administration of drug and alcohol tests as requested by the field officer.
(f)
Perform not less than ten (10) hours of community service each month.
(g)
Meet any other conditions imposed by the court to meet the needs of the offender and limit the risks to the community.
Laws, 1993, ch. 576, § 7; reenacted without change, Laws, 1999, ch. 539, § 7; reenacted without change, Laws, 2001, ch. 482, § 7; reenacted without change, Laws, 2003, ch. 418, § 7; reenacted and amended, Laws, 2005, ch. 485, § 8; reenacted without change, Laws, 2006, ch. 392, § 7; reenacted and amended, Laws, 2008, ch. 479, § 7; Laws, 2010, ch. 492, § 1; Laws, 2011, ch. 459, § 4; reenacted without change, Laws, 2012, ch. 316, § 7, eff. 4/5/2012.
Reenacted without change by Laws, 2022, ch. 311, HB 534,§ 7, eff. 6/30/2022.
Reenacted without change by Laws, 2018, ch. 408, HB 879,§ 7, eff. 6/30/2018.
Reenacted without change by Laws, 2014, ch. 317, SB 2608, 7, eff. 3/12/2014.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › INTENSIVE SUPERVISION PROGRAM; ELECTRONIC HOME DETENTION (§§ 47-5-1001 — 47-5-1015) › Section 47-5-1014 - [Repealed Effective 7/1/2025] Monthly supervision fee for those participating in program since July 1, 2004

(1)
Participants who have been in the intensive supervision program since July 1, 2004, whether placed into the program before or after July 1, 2004, shall pay a Fifty Dollar ($50.00) monthly supervision fee to the Mississippi Department of Corrections for their supervision from July 1, 2004, or from the date the participant entered the program after July 1, 2004, until completion of the program, or April 6, 2005, or whichever occurs first. From and after April 6, 2005, all participants of the intensive supervision program shall pay the fee as established in Section
47-5-1013
.
(2)
The Department of Corrections shall use its best effort to collect the monthly supervision fees in arrearage under this section.
(3)
A participant's failure to pay the monthly fees in arrearage shall not be deemed a violation of a condition of the program, and the participant shall not be removed from the program for failure to pay the monthly fees in arrearage.
(4)
This section shall not apply to any fees incurred after April 6, 2005.
(5)
Any arrearage remaining under this section at the end of the offender's participation in the program shall automatically be reduced to a civil judgment and upon notice by the Department of Corrections shall be recorded with the circuit court clerk in the county wherein the participant resides. The Department of Corrections and/or the district attorney shall use best efforts to collect the judgment.
Laws, 2005, ch. 485, § 10; reenacted without change, Laws, 2008, ch. 479, § 8; reenacted without change, Laws, 2012, ch. 316, § 8, eff. 4/5/2012.
Reenacted without change by Laws, 2022, ch. 311, HB 534,§ 8, eff. 6/30/2022.
Reenacted without change by Laws, 2018, ch. 408, HB 879,§ 8, eff. 6/30/2018.
Reenacted without change by Laws, 2014, ch. 317, SB 2608, 8, eff. 3/12/2014.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › INTENSIVE SUPERVISION PROGRAM; ELECTRONIC HOME DETENTION (§§ 47-5-1001 — 47-5-1015) › Section 47-5-1015 - [Repealed Effective 7/1/2025] Repeal of sections 47-5-1001 through 47-5-1015

Sections
47-5-1001
through
47-5-1015
shall stand repealed after June 30, 2025.
Laws, 1993, ch. 576, § 8; Laws, 1995, ch. 399, § 2; Laws, 1999, ch. 539, § 8; Laws, 2001, ch. 482, § 8; reenacted and amended, Laws, 2003, ch. 418, § 8; reenacted and amended, Laws, 2005, ch. 485, § 9; Laws, 2006, ch. 392, § 8; Laws, 2008, ch. 479, § 9; reenacted and amended, Laws, 2012, ch. 316, § 9, eff. 4/5/2012.
Amended by Laws, 2022, ch. 311, HB 534,§ 9, eff. 6/30/2022.
Amended by Laws, 2018, ch. 408, HB 879,§ 9, eff. 6/30/2018.
Amended by Laws, 2018, ch. 325, SB 2647,§ 1, eff. 6/30/2018.
Amended by Laws, 2014, ch. 317, SB 2608, 9, eff. 3/12/2014.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › SPECIAL NEEDS PRISON PROGRAM OF 1994 (§§ 47-5-1101 — 47-5-1123) › Section 47-5-1101 - Short title

Sections
47-5-1101
through
47-5-1123
shall be cited as the "Special Needs Prison Program of 1994."
Laws, 1994, ch. 450, § 1; reenacted without change, Laws, 1999, ch. 540, § 1; reenacted without change, Laws, 2001, ch. 480, § 1; reenacted without change, Laws, 2002, ch. 617, § 1; reenacted without change, Laws, 2003, ch. 372, § 1; reenacted without change, Laws, 2004, ch. 471, § 1; reenacted without change, Laws, 2006, ch. 385, § 1, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › SPECIAL NEEDS PRISON PROGRAM OF 1994 (§§ 47-5-1101 — 47-5-1123) › Section 47-5-1103 - Definitions

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 health care facilities or services. This does not include HIV positive inmates.
Laws, 1994, ch. 450, § 2; reenacted without change, Laws, 1999, ch. 540, § 2; reenacted without change, Laws, 2001, ch. 480, § 2; reenacted without change, Laws, 2002, ch. 617, § 2; reenacted without change, Laws, 2003, ch. 372, § 2; reenacted without change, Laws, 2004, ch. 471, § 2; reenacted without change, Laws, 2006, ch. 385, § 2, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › SPECIAL NEEDS PRISON PROGRAM OF 1994 (§§ 47-5-1101 — 47-5-1123) › Section 47-5-1105 - Contracts for special needs facilities and services; eligibility of inmate for special needs facility; rates and benefits standards

(1)
The commissioner is authorized to enter into contracts for a special needs correctional facility and services only as provided in Sections
47-5-1101
through
47-5-1123
.
(2)
No contract shall be entered into unless it offers cost savings of at least ten percent (10%) to the department.
(3)
Any inmate sentenced to the custody of the department identified as having a special need may be eligible to be incarcerated in a special needs correctional facility in which a contractor is providing correctional services.
(4)
The rates and benefits for correctional services shall be negotiated by the commissioner based upon American Correction Association Standards, state law and court orders.
(5)
The special needs facility or the site for a proposed facility must comply with all local zoning ordinances and regulations.
(6)
The department may contract for the construction or leasing of a special needs facility. Any facility operated by a private contractor must house medium or maximum security inmates.
Laws, 1994, ch. 450, § 3; reenacted without change, Laws, 1999, ch. 540, § 3; reenacted without change, Laws, 2001, ch. 480, § 3; reenacted without change, Laws, 2002, ch. 617, § 3; reenacted without change, Laws, 2003, ch. 372, § 3; reenacted without change, Laws, 2004, ch. 471, § 3; reenacted without change, Laws, 2006, ch. 385, § 3, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › SPECIAL NEEDS PRISON PROGRAM OF 1994 (§§ 47-5-1101 — 47-5-1123) › Section 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.
Laws, 1994, ch. 450, § 4; reenacted without change, Laws, 1999, ch. 540, § 4; reenacted without change, Laws, 2001, ch. 480, § 4; reenacted without change, Laws, 2002, ch. 617, § 4; reenacted without change, Laws, 2003, ch. 372, § 4; reenacted without change, Laws, 2004, ch. 471, § 4; reenacted without change, Laws, 2006, ch. 385, § 4, eff. 7/1/2006.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 5 - CORRECTIONAL SYSTEM (§§ 47-5-1 — 47-5-1517) › SPECIAL NEEDS PRISON PROGRAM OF 1994 (§§ 47-5-1101 — 47-5-1123) › Section 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.
Laws, 1994, ch. 450, § 5; reenacted without change, Laws, 1999, ch. 540, § 5; reenacted without change, Laws, 2001, ch. 480, § 5; reenacted without change, Laws, 2002, ch. 617, § 5; reenacted without change, Laws, 2003, ch. 372, § 5; reenacted without change, Laws, 2004, ch. 471, § 5; reenacted without change, Laws, 2006, ch. 385, § 5, eff. 7/1/2006.