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) › SPECIAL NEEDS PRISON PROGRAM OF 1994 (§§ 47-5-1101 — 47-5-1123) › Section 47-5-1111 - Private "correctional officers" of contractors; use of force and firearms restricted; training

(1)
A contractor's employees serving as "correctional officers" shall be allowed to use force only while on the grounds of a facility, while transporting inmates, and while pursuing escapees from a facility.
(2)
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.
(3)
A contractor's employees, while performing their officially assigned duties relating to the custody, control, transportation, recapture or arrest of any escaped offender assigned to a contract prison, shall be authorized to use force and firearms as necessary to pursue and recapture escapees.
(4)
Private correctional officers who have been appropriately certified as determined by the contracting agency and trained pursuant to the provisions of subsection (5) shall have the right to carry and use firearms and shall exercise such authority and 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.
(5)
Private correctional officers shall be trained in the use of force and the use of firearms, in accordance with ACA Standards and shall be trained, at the contractor's expense, for at least the minimum number of hours that public personnel are currently trained.
Laws, 1994, ch. 450, § 6; Laws, 1998, ch. 581, § 1; Laws, 2001, ch. 480, § 6; reenacted without change, Laws, 2002, ch. 617, § 6; reenacted without change, Laws, 2003, ch. 372, § 6; reenacted without change, Laws, 2004, ch. 471, § 6; reenacted without change, Laws, 2006, ch. 385, § 6, 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 47-5-1113 - 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.
Laws, 1994, ch. 450, § 7; reenacted without change, Laws, 1999, ch. 540, § 7; reenacted without change, Laws, 2001, ch. 480, § 7; reenacted without change, Laws, 2002, ch. 617, § 7; reenacted without change, Laws, 2003, ch. 372, § 7; reenacted without change, Laws, 2004, ch. 471, § 7; reenacted without change, Laws, 2006, ch. 385, § 7, 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 47-5-1115 - Prerequisites for contracting for correctional services

A contract for correctional services shall not be entered into unless the following requirements are met:
(a)
The contractor provides an adequate plan of insurance, specifically including insurance for civil rights claims, as determined by an independent risk management/actuarial firm with demonstrated experience in public liability for state governments. In determining the adequacy of the plan, such firm shall determine whether:
(i)
The insurance is adequate to protect the state from any and all actions by a third party against the contractor or the state as a result of the contract;
(ii)
The insurance is adequate to protect the state against any and all claims arising as a result of any occurrence during the term of the contract; that is, the insurance is adequate on an occurrence basis, not on a claims-made basis;
(iii)
The insurance is adequate to assure the contractor's ability to fulfill its contract with the state in all respects, and to assure that the contractor is not limited in this ability because of financial liability which results from judgments; and
(iv)
The insurance is adequate to satisfy such other requirements specified by the independent risk management/actuarial firm.
(b)
The sovereign immunity of the state shall not apply to the contractor. Neither the contractor nor the insurer of the contractor may plead the defense of sovereign immunity in any action arising out of the performance of the contract.
Laws, 1994, ch. 450, § 8; reenacted without change, Laws, 1999, ch. 540, § 8; reenacted without change, Laws, 2001, ch. 480, § 8; reenacted without change, Laws, 2002, ch. 617, § 8; reenacted without change, Laws, 2003, ch. 372, § 8; reenacted without change, Laws, 2004, ch. 471, § 8; reenacted without change, Laws, 2006, ch. 385, § 8, 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 47-5-1117 - 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.
Laws, 1994, ch. 450, § 9; reenacted without change, Laws, 1999, ch. 540, § 9; reenacted without change, Laws, 2001, ch. 480, § 9; reenacted without change, Laws, 2002, ch. 617, § 9; reenacted without change, Laws, 2003, ch. 372, § 9; reenacted without change, Laws, 2004, ch. 471, § 9; reenacted without change, Laws, 2006, ch. 385, § 9, 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 47-5-1119 - Monitoring of contracts and facilities by commissioner and medical director

(1)
The commissioner shall monitor any contracts with prison contractors providing correctional services and shall report at least annually, or as requested, to the Senate Committee on Corrections and the House Penitentiary Committee on the performance of the contractor.
(2)
The medical director of the department shall be responsible for monitoring all aspects of the facility. The medical director may designate a person to assist in monitoring at the facility, as the medical director determines to be necessary. The medical director shall be provided an on-site work area, shall be on-site on a daily basis, and shall have access to all areas of the facility and to inmates and staff at all times. The contractor shall provide any and all data, reports and other materials that the medical director determines are necessary to carry out monitoring responsibilities under this section.
Laws, 1994, ch. 450, § 10; reenacted without change, Laws, 1999, ch. 540, § 10; reenacted without change, Laws, 2001, ch. 480, § 10; reenacted without change, Laws, 2002, ch. 617, § 10; reenacted without change, Laws, 2003, ch. 372, § 10; reenacted without change, Laws, 2004, ch. 471, § 10; reenacted without change, Laws, 2006, ch. 385, § 10, 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 47-5-1121 - 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:
(a)
Classify inmates or place inmates in less restrictive custody or more restrictive custody;
(b)
Transfer an inmate, although the contractor may recommend in writing that the department transfer a particular inmate;
(c)
Grant, deny, or revoke sentence credits;
(d)
Recommend that the parole board either deny or grant parole, although the contractor may submit written reports that have been prepared in the ordinary course of business;
(e)
Develop and implement procedures for calculating sentence credits or inmate release and parole eligibility dates;
(f)
Require an inmate to work, except on department-approved projects; approve the type of work that inmates may perform; or award or withhold wages or sentence credits based on the manner in which individual inmates perform such work; or
(g)
Determine inmate eligibility for furlough and work release.
Laws, 1994, ch. 450, § 11; reenacted without change, Laws, 1999, ch. 540, § 11; reenacted without change, Laws, 2001, ch. 480, § 11; reenacted without change, Laws, 2002, ch. 617, § 11; reenacted without change, Laws, 2003, ch. 372, § 11; reenacted without change, Laws, 2004, ch. 471, § 11; reenacted without change, Laws, 2006, ch. 385, § 11, 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 47-5-1123 - [Repealed]

Repealed byLaws, 2006, ch. 582, 1 eff.7/2/2006.
Laws, 1994, ch. 450, 12;Laws, 1999, ch. 540, 12;Laws, 2001, ch. 397, 1; Laws, 2001, ch. 480, 12;Laws, 2002, ch. 617, 12;Laws, 2003, ch. 372;Laws, 2004, ch. 471, 12, eff. 7/1/2004.
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 PRISON EMERGENCY CONSTRUCTION AND MANAGEMENT BOARD (§§ 47-5-1201 — 47-5-1229) › Section 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.
Laws, 1994, 1st Ex Sess, ch. 26, § 1, eff. 8/23/1994.
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) › STATE PRISON EMERGENCY CONSTRUCTION AND MANAGEMENT BOARD (§§ 47-5-1201 — 47-5-1229) › Section 47-5-1203 - [Repealed]

Repealed by Laws, 1994, 1st Ex. Sess., ch. 26, § 2, eff. 7/1/1996.
Laws, 1994, 1st Ex. Sess., ch. 26, § 2.
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 PRISON EMERGENCY CONSTRUCTION AND MANAGEMENT BOARD (§§ 47-5-1201 — 47-5-1229) › Section 47-5-1205 - Board to provide for construction and equipping of additional housing and support facilities

(1)
The State Prison Emergency Construction and Management Board shall provide for the construction and shall equip additional housing and necessary support facilities for one thousand two hundred sixteen (1,216) medium security male offenders and for two hundred (200) male offenders sentenced to evidence-based programs for the benefit of inmates at the South Mississippi Correctional Institution. The department may house offenders not sentenced to such programs in the two hundred (200) beds reserved for the program as it deems appropriate.
(2)
The State Prison Emergency Construction and Management Board shall provide for the construction and shall equip additional housing and support facilities for seven hundred (700) medium security male offenders at the Central Mississippi Correctional Facility.
(3)
The State Prison Emergency Construction and Management Board shall use funds from the "Corrections Facilities Emergency Construction Fund."
(4)
The Department of Finance and Administration shall use its emergency powers to expedite the construction of these facilities. In the planning, design, procurement and construction of these facilities, the board shall make maximum utilization of plans, specifications and processes used in, completed or on-going construction projects for the Mississippi Department of Corrections.
Laws, 1994, 1st Ex Sess, ch. 26, § 3; Laws, 2007, ch. 474, § 1, eff. 3/27/2007.
Amended by Laws, 2015, ch. 463, HB 906, 5, eff. 7/1/2015.
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 PRISON EMERGENCY CONSTRUCTION AND MANAGEMENT BOARD (§§ 47-5-1201 — 47-5-1229) › Section 47-5-1207 - Board to select suitable sites for various public and private facilities

(1)
The State Prison Emergency Construction and Management Board shall select a suitable site or sites for a public or private facility not to exceed one thousand (1,000) beds in any of the following counties: Lauderdale, Quitman, Perry and Sharkey.
(2)
The State Prison Emergency Construction and Management Board may contract for the construction, lease, acquisition, improvement, operation and management of a private correctional facility in Marshall County or Wilkinson County for the private incarceration of not more than one thousand (1,000) state inmates at the facility.
(3)
The State Prison Emergency Construction and Management Board may contract with any county industrial or economic development authority or district for the construction, lease, acquisition, improvement, operation and management of a private correctional facility to be sited or constructed under Chapter 26, Laws of 1994 First Extraordinary Session.
(4)
The State Prison Emergency Construction and Management Board may contract for the construction, lease, acquisition, improvement and operation of two (2) private restitution centers, one of which may be in Bolivar County. The capacity of each restitution center shall not exceed seventy-five (75) state inmates.
(5)
(a)
The State Prison Emergency Construction and Management Board may contract for the special needs facility and services authorized in Sections
47-5-1101
through
47-5-1123
.
(b)
No later than September 15, 1994, the Joint Legislative Committee on Performance Evaluation and Expenditure Review shall determine the state medical cost per inmate day to use as a basis for measuring the validity of ten percent (10%) savings of the contractor cost.
(6)
Each private contractor and private facility housing state inmates must meet the requirements of Section
47-5-1211
through Section
47-5-1227
.
(7)
No additional emergency prisons shall be located in any city and/or county, except upon the submission to the State Prison Emergency Construction and Management Board, of a resolution signed by a majority of the governing authorities of the city and/or county, wherein the proposed prison site is to be located, approving and/or requesting that a prison facility be located at the proposed site.
Laws, 1994, 1st Ex Sess, ch. 26, § 4, eff. 8/23/1994.
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) › STATE PRISON EMERGENCY CONSTRUCTION AND MANAGEMENT BOARD (§§ 47-5-1201 — 47-5-1229) › Section 47-5-1209 - Noxubee County Prison Work Program

(1)
There is created the Noxubee County Prison Work Program, to be located at the Industrial Park in Macon, Mississippi. The Noxubee County Prison Work Program shall be established pursuant to the authority granted in Sections
47-5-451
through
47-5-469
that provide for the joint state-county work programs, in order to achieve the legislative intent as set out in Section
47-5-351
, making maximum utilization of the farmlands for the purpose of feeding offenders.
(2)
The State Prison Emergency Construction and Management Board, subject to such funding as the Legislature may make available, may modify any existing facility or construct and equip one (1) seventy-five-bed correctional work camp in accordance with Section
47-5-455
, on the site of the Industrial Park in Macon, Mississippi. The purpose of constructing this work camp is to provide housing and necessary support in order that the offenders may be available to work for the municipalities and counties in the surrounding areas in addition to working at the Industrial Park.
(3)
In the construction and renovation of a work camp, the State Prison Emergency Construction and Management Board, in conjunction with the Mississippi Department of Corrections, shall utilize offenders in the custody of the Department of Corrections for construction to the extent such labor is available. The Mississippi Department of Corrections shall: establish, maintain and implement a program for training and utilizing offenders in construction projects; determine and provide to the State Prison Emergency Construction and Management Board the name, the number and construction skills of offenders; and provide security officers to be in attendance during all hours when offenders are involved in construction. When necessary construction skills are not available from the offender population, the State Prison Emergency Construction and Management Board may contract with private contractors or mechanics to perform necessary construction work.
(4)
In the planning, design, procurement and construction of a work camp, the State Prison Emergency Construction and Management Board shall make maximum utilization of plans and specifications prepared for, and processes employed in, completed or ongoing construction projects for the Mississippi Department of Corrections.
Laws, 1994, 1st Ex Sess, ch. 26, § 6, eff. 8/23/1994.
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) › STATE PRISON EMERGENCY CONSTRUCTION AND MANAGEMENT BOARD (§§ 47-5-1201 — 47-5-1229) › Section 47-5-1211 - Contracts for private correctional facilities or services; experience of contractor; rates and benefits standards

(1)
A contract for private correctional facilities or services shall not be entered into unless the contractor has demonstrated that it has:
(a)
The qualifications, experience and management personnel necessary to carry out the terms of the contract.
(b)
The ability to expedite the siting, design and construction of correctional facilities.
(c)
The ability to comply with applicable laws, court orders and national correctional standards.
(d)
Demonstrated history of successful operation and management of other correctional facilities.
(2)
A facility shall at all times comply with all federal and state laws, and all applicable court orders.
(3)
(a)
No contract for private incarceration shall be entered into unless the cost of the private operation, including the state's cost for monitoring the private operation, offers a cost savings of at least ten percent (10%) to the Department of Corrections for at least the same level and quality of service offered by the Department of Corrections.
(b)
Beginning in 2012, and every two (2) years thereafter, the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) shall contract with a certified public accounting firm to establish a state inmate cost per day using financial information of the Department of Corrections for the most recently completed fiscal year. The state inmate cost per day shall be certified as required by this section. The certified cost shall be used as the basis for measuring the validity of the ten percent (10%) savings of the contractor costs.
(c)
Prior to engaging a certified public accountant, the PEER Committee, in conjunction with the Department of Corrections, shall develop a current cost-based model that will serve as a basis for the report produced as authorized by this section.
(4)
The rates and benefits for correctional services shall be negotiated based upon American Correction Association standards, state law and court orders.
Laws, 1994, 1st Ex Sess, ch. 26, § 7; Laws, 2012, ch. 399, § 1, eff. 7/1/2012.
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) › STATE PRISON EMERGENCY CONSTRUCTION AND MANAGEMENT BOARD (§§ 47-5-1201 — 47-5-1229) › Section 47-5-1213 - Term limits on contracts for operation and construction of facilities; conveyance of facilities to state

The initial contract for the operation of a facility or for incarceration of 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 twenty (20) years. Such contracts shall provide that the contractor shall convey the facility to the state, at the option of the state, for a total consideration of One Dollar ($1.00). Any contract for housing shall be subject to annual appropriation by the Legislature.
Laws, 1994, 1st Ex Sess, ch. 26, § 8, eff. 8/23/1994.
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) › STATE PRISON EMERGENCY CONSTRUCTION AND MANAGEMENT BOARD (§§ 47-5-1201 — 47-5-1229) › Section 47-5-1215 - Private "correctional officers" of contractors; use of force and firearms restricted; training

(1)
A contractor's employees serving as "correctional officers" shall be allowed to use force only while on the grounds of a facility, while transporting inmates, and while pursuing escapees from a facility.
(2)
Private correctional officers shall be authorized to use only such non-deadly force as the circumstances require in the following situations: to prevent the commission of a felony or misdemeanor, including escape; to defend oneself or others against physical assault; to prevent serious damage to property; to enforce institutional regulations and orders; and to prevent or quell a riot.
(3)
A contractor's employees, while performing their officially assigned duties relating to the custody, control, transportation, recapture or arrest of any escaped offender assigned to a contract prison, shall be authorized to use force and firearms as necessary to pursue and recapture escapees.
(4)
Private correctional officers who have been appropriately certified as determined by the contracting agency and trained pursuant to the provisions of subsection (5) shall have the right to carry and use firearms and shall exercise such authority and may use deadly force to prevent an act that could result in death or serious bodily injury to oneself or to another person.
(5)
Private correctional officers shall be trained in the use of force and the use of firearms, in accordance with ACA Standards and shall be trained, at the private contractor's expense, for at least the minimum number of hours that public personnel are currently trained.
Laws, 1994, 1st Ex Sess, ch. 26, § 9; Laws, 1998, ch. 581, § 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) › STATE PRISON EMERGENCY CONSTRUCTION AND MANAGEMENT BOARD (§§ 47-5-1201 — 47-5-1229) › Section 47-5-1217 - Employee training

All employees of a facility operated pursuant to Sections
47-5-1201
through
47-5-1229
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.
Laws, 1994 Ex Sess, ch. 26, § 10, eff. 8/23/1994.
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) › STATE PRISON EMERGENCY CONSTRUCTION AND MANAGEMENT BOARD (§§ 47-5-1201 — 47-5-1229) › Section 47-5-1221 - 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.
Laws, 1994, 1st Ex Sess, ch. 26, § 12, eff. 8/23/1994.
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) › STATE PRISON EMERGENCY CONSTRUCTION AND MANAGEMENT BOARD (§§ 47-5-1201 — 47-5-1229) › Section 47-5-1223 - Contract compliance officer; reimbursement of contract compliance officer's salary and expenses by private entity

(1)
The Commissioner of the Department of Corrections shall designate an existing employee of the Department of Corrections as a contract compliance officer within the department which shall monitor any contracts between the state and private entities for the operation and management of correctional facilities, and shall assure contractor compliance with its performance work statement and assure the provision of prisoner care requirements.
(2)
The contract compliance officer shall be responsible for monitoring all aspects of each privatized correctional facility. The officer 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 facilities and to offenders and staff at all times. The private contractor or contractors shall provide any and all data, reports and other materials that the contract compliance officer determines are necessary to carry out monitoring responsibilities under this section.
(3)
The contract compliance officer shall report at least annually, or as requested, to the Governor, the Senate Committee on Corrections, the House Penitentiary Committee and the Joint Legislative Committee on Performance Evaluation and Expenditure Review on the performance of the private contractor or contractors.
(4)
The salary and expenses of the contract compliance officer shall be reimbursed to the Department of Corrections by the private entity that has contracted to operate or manage a correctional facility.
Laws, 1994, 1st Ex Sess, ch. 26, § 13; Laws, 2010, ch. 403, § 1, eff. 7/1/2010.
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 PRISON EMERGENCY CONSTRUCTION AND MANAGEMENT BOARD (§§ 47-5-1201 — 47-5-1229) › Section 47-5-1225 - 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:
(a)
Classify inmates or place inmates in less restrictive custody or more restrictive custody;
(b)
Transfer an inmate, although the contractor may recommend in writing that the department transfer a particular inmate;
(c)
Grant, deny, or revoke sentence credits;
(d)
Recommend that the parole board either deny or grant parole, although the contractor may submit written reports that have been prepared in the ordinary course of business;
(e)
Develop and implement procedures for calculating sentence credits or inmate release and parole eligibility dates;
(f)
Require an inmate to work, except on department-approved projects; approve the type of work that inmates may perform; or award or withhold wages or sentence credits based on the manner in which individual inmates perform such work; or
(g)
Determine inmate eligibility for furlough and work release.
Laws, 1994, 1st Ex Sess, ch. 26, § 14, eff. 8/23/1994.
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) › STATE PRISON EMERGENCY CONSTRUCTION AND MANAGEMENT BOARD (§§ 47-5-1201 — 47-5-1229) › Section 47-5-1227 - Restrictions on employment of public officials and employees by private entities

(1)
No public official or an employee of a state agency who has duties or responsibilities related to the contracting, constructing, leasing, acquiring or operating a private correctional facility may become an employee, consultant or contract vendor to a private entity providing such facility or services to the state within one (1) year after the termination of his service or employment.
(2)
Any person violating this section shall be guilty of a misdemeanor and punished by a fine of not less than Five Hundred Dollars ($500.00) but not more than One Thousand Dollars ($1,000.00).
Laws, 1994, 1st Ex Sess, ch. 26, § 15, eff. 8/23/1994.
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) › STATE PRISON EMERGENCY CONSTRUCTION AND MANAGEMENT BOARD (§§ 47-5-1201 — 47-5-1229) › Section 47-5-1229 - Correctional Facilities Emergency Construction Fund

There is hereby created a special fund to be designated as the "Correctional Facilities Emergency Construction Fund." Any monies as may be appropriated by the Legislature shall be deposited into the fund. The expenditure of monies out of the fund shall be under the direction of the State Prison Emergency Construction and Management Board as spread on its minutes and such funds shall be paid by the State Treasurer upon warrants issued by the Executive Director of the Department of Finance and Administration.
Laws, 1994, 1st Ex Sess, ch. 26, § 17, eff. 8/23/1994.
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) › PRISON INDUSTRY ENHANCEMENT PROGRAM (§ 47-5-1251) › Section 47-5-1251 - [Repealed effective 7/1/2027] Prison Industry Enhancement Program; creation

(1)
There is created the "Prison Industry Enhancement Program," through which the Department of Corrections may contract with the nonprofit corporation organized and formed under the "Mississippi Prison Industries Act of 1990" to employ offenders within the custody of the department or prison industries.
(2)
Except as provided in Section
47-5-579
, which is the provision authorizing a work initiative, the offenders must be under the supervision of the department at all times while working. The offenders shall be paid, by the entity or entities, wages at a rate which is not less than that paid for similar work in the locality in which the work is performed. The wages may be subject to deductions which shall not, in the aggregate, exceed eighty percent (80%) of gross wages. The deductions shall be limited to the following:
(a)
To pay federal, state and local taxes;
(b)
To pay reasonable charges for room and board as determined by regulations issued by the Commissioner of Corrections;
(c)
To support the offender's family pursuant to state statute, court order or agreement by the offender; and
(d)
To pay contributions equaling not less than five percent (5%) but not more than twenty percent (20%) of the offender's gross wages into the Crime Victims' Compensation Fund as created in Section
99-41-29
.
(3)
Notwithstanding any other provision of the law to the contrary, the offenders shall not be qualified to receive any payments for unemployment compensation while incarcerated. However, the offenders shall not solely by their status as offenders be deprived of the right to participate in benefits made available by the federal or state government to other individuals on the basis of their employment, such as workers' compensation.
(4)
Offenders who participate in the employment must do so voluntarily and must agree in advance to the specific deductions made from gross wages pursuant to this section and to all other financial arrangements or benefits resulting from participation in the employment.
(5)
The Department of Corrections shall develop rules and regulations to meet the criteria established by the Bureau of Justice Assistance under the Prison Industry Enhancement Certification Program.
(6)
This section shall stand repealed on July 1, 2027.
Laws, 1996, ch. 547, § 1; Laws, 2001, ch. 434, § 3, eff. 3/14/2001.
Amended by Laws, 2024, ch. 464, SB 2445,§ 27, eff. 7/1/2024.
Amended by Laws, 2022, ch. 493, SB 2437,§ 3, eff. 7/1/2022.
Amended by Laws, 2022, ch. 464, HB 863,§ 6, eff. 7/1/2022.
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) › JURISDICTION OVER CORRECTIONAL FACILITIES AND GROUNDS (§ 47-5-1301) › Section 47-5-1301 - United States jurisdiction over correctional facilities and grounds

Notwithstanding any other provisions of law to the contrary, as a supplementary method for granting concurrent jurisdiction to the United States, the Governor of the State of Mississippi may grant to the United States full civil and criminal jurisdiction concurrent with the State of Mississippi over any correctional facility and the grounds of the facility in which are housed or located inmates committed to the custody of the United States or over any correctional facility and the grounds of the facility which are owned by a private entity that has entered into a contract for the confinement of inmates committed to the custody of the United States.
Laws, 1997, ch. 530, § 3, eff. 4/10/1997.
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) › YOUTHFUL OFFENDERS (§ 47-5-1401) › Section 47-5-1401 - Establishment of Youthful Offender Unit at Central Mississippi Correctional Facility; age limitations on youth housed in unit

(1)
The Mississippi Department of Corrections shall establish a Youthful Offender Unit ("YOU") at the Central Mississippi Correctional Facility. All youth ages seventeen (17) years of age and under and who are assigned to a Mississippi Department of Corrections prison shall be housed in the YOU, except that nothing in this section shall prohibit the department from housing a youth who is seventeen (17) years of age and under in a community work center or other environments that are less restrictive than a Mississippi Department of Corrections prison.
(2)
Youth ages seventeen (17) and under as prescribed in this section shall be housed in the YOU, separate from adult inmates. No individual who is over the age of nineteen (19) shall be housed in the YOU. The Commissioner of the Department of Corrections shall have discretion to house individuals who are eighteen (18) and nineteen (19) years of age and who have been classified as vulnerable in the YOU.
(3)
The Mississippi Department of Corrections shall provide youth housed at the YOU with the opportunity for the appropriate amounts of interactive, structured rehabilitative and/or educational programming, recreational and leisure activities outside of their cells on a daily basis, including weekends and holidays. The programming developed, as prescribed in this subsection shall, to the extent possible, be tailored to the developmental needs of adolescents.
Laws, 2012, ch. 489, § 2, 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) › DIGNITY FOR INCARCERATED WOMEN ACT (§§ 47-5-1501 — 47-5-1517) › Section 47-5-1501 - Title

Sections
47-5-1501
through
47-5-1517
may be cited as the "Dignity for Incarcerated Women Act."
Added by Laws, 2021, ch. 440, HB 196,§ 1, eff. 7/1/2021.
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) › DIGNITY FOR INCARCERATED WOMEN ACT (§§ 47-5-1501 — 47-5-1517) › Section 47-5-1503 - Legislative findings and purpose

The Legislature of the State of Mississippi finds that:
(a)
The number of incarcerated women in the State of Mississippi has increased by a third (1/3) since 2001 and at one point in 2008 the rate had grown by forty-four percent (44%);
(b)
Nationally, the number of children under age eighteen (18) with a mother in prison more than doubled since 1991;
(c)
Children who grow up with parents in prison are six (6) to seven (7) times more likely to become incarcerated themselves;
(d)
Prisoners who maintain close contact with their family members while incarcerated have better post-release outcomes and lower recidivism rates;
(e)
Children of inmates who are able to visit their imprisoned parents have increased cognitive skills, improved academic self-esteem, greater self-control and change schools much less often;
(f)
To mitigate the collateral impact on families and children, the Department of Corrections should consider the location of family;
(g)
Nationally, approximately two thousand (2,000) women give birth while incarcerated each year;
(h)
Prenatal care significantly improves outcomes for pregnant women and infants;
(i)
Participation in post-delivery mother-infant residency or nursery programs is associated with lower recidivism rates, reduced risk of babies entering foster care, and improved odds that mothers and their babies will remain together after the mother's period of incarceration;
(j)
Use of restrictive housing and restraints on incarcerated pregnant women may be extremely dangerous to the health of mothers, fetuses and infants; and
(k)
Nationally, eighty-six percent (86%) of women in prison were victims of sexual assault prior to entering the prison system.
Added by Laws, 2021, ch. 440, HB 196,§ 2, eff. 7/1/2021.
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) › DIGNITY FOR INCARCERATED WOMEN ACT (§§ 47-5-1501 — 47-5-1517) › Section 47-5-1505 - Definitions

(a)
"Restraints" means any physical or mechanical device used to restrict or control the movement of a prisoner's body, limbs, or both.
(b)
"Body cavity searches" means invasive searches on inmates, conducted by facility employees in search of contraband.
(c)
"Flight risk" means an inmate who has shown the desire to escape the facility.
(d)
"Restrictive housing" means any type of detention that involves:
(i)
Removal from the general inmate population, whether voluntary or involuntary; and
(ii)
Inability to leave a room or cell for the vast majority of the day.
(e)
"Postpartum recovery" means the eight-week period, or longer as determined by the healthcare professional responsible for the health and safety of the prisoner.
(f)
"Menstrual hygiene products" means products that women use during their menstrual cycle. This includes tampons, sanitary napkins and menstrual cups.
(g)
"Indigent" means an inmate who has less than an average of Sixteen Dollars ($16.00) in her prison account.
(h)
"Correctional facility employee" refers to anyone who is employed by the facility or the Department of Corrections.
(i)
"State of undress" refers to a state where a female is partially or fully naked, either in the shower, toilet areas, a medical examination room or having a body cavity search conducted.
Added by Laws, 2021, ch. 440, HB 196,§ 3, eff. 7/1/2021.
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) › DIGNITY FOR INCARCERATED WOMEN ACT (§§ 47-5-1501 — 47-5-1517) › Section 47-5-1509 - Inmate postpartum recovery

(1)
No restraints shall be used on any female inmate who has given birth within the last thirty (30) days and is in postpartum recovery, unless the Department of Corrections has a reasonable belief that the female inmate will harm herself, her newborn, or any other person, or pose a substantial flight risk. In such case, the facility employee ordering use of restraints on any inmate while in postpartum recovery shall submit a written report to the warden of the facility within seventy-two (72) hours following the use of restraints, containing the justification for restraining the female inmate during postpartum recovery.
(2)
Following the delivery of a newborn, by an inmate, the Department of Corrections shall permit the newborn to remain with the mother for seventy-two (72) hours unless the medical provider has a reasonable belief that remaining with the mother poses a health or safety risk to the newborn.
(3)
During that time, the Department of Corrections shall make available the necessary nutritional and hygiene products, including diapers, to care for the newborn.
(4)
If the female inmate qualifies as indigent, such products shall be provided without cost to the inmate.
Added by Laws, 2021, ch. 440, HB 196,§ 5, eff. 7/1/2021.
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) › DIGNITY FOR INCARCERATED WOMEN ACT (§§ 47-5-1501 — 47-5-1517) › Section 47-5-1511 - Family considerations in inmate placement and visitation

(1)
To the greatest extent practicable, after accounting for security and capacity factors, the Department of Corrections shall place inmates who are parents of minor children within two hundred fifty (250) miles of their permanent address of record.
(2)
The Department of Corrections shall promulgate regulations authorizing visitation of inmates who are parents of minor children with low or minimum security classifications by minor dependents, with the minimum following requirements:
(a)
Opportunities for dependent children under the age of eighteen (18) to visit their incarcerated parent at least twice per week unless a correctional facility employee has a reasonable belief that the dependent child:
(i)
May be harmed during visitation; or
(ii)
Poses a security risk due to a gang affiliation, prior conviction or past violation of facility contraband policy.
(b)
Eliminating restrictions on the number of dependent children under the age of eighteen (18) that may be permitted visitation privileges.
(c)
Authorizing contact visits for inmates who are parents of minor children.
Added by Laws, 2021, ch. 440, HB 196,§ 6, eff. 7/1/2021.
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) › DIGNITY FOR INCARCERATED WOMEN ACT (§§ 47-5-1501 — 47-5-1517) › Section 47-5-1513 - Inspections by employees of the Department of Corrections

(1)
To the greatest extent practicable, and consistent with safety and order, the Commissioner of the Department of Corrections shall issue regulations that limit inspections by male correctional officers where a female inmate is in a state of undress.
Nothing in this section shall limit the ability of a male correctional officer from conducting inspections where a female may be in a state of undress if no female correctional officers are available.
(2)
In such case that a male correctional officer deems it is appropriate to conduct an inspection or search while the female inmate is in a clear state of undress in an area such as the shower, the medical examination room, toilet areas or where a female inmate is having a body cavity search, the male correctional officer shall submit a written report to the warden of the facility within seventy-two (72) hours following the inspection or search, containing the justification for a male correctional officer to inspect the female inmate while in a state of undress.
Added by Laws, 2021, ch. 440, HB 196,§ 7, eff. 7/1/2021.
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) › DIGNITY FOR INCARCERATED WOMEN ACT (§§ 47-5-1501 — 47-5-1517) › Section 47-5-1515 - Access to feminine hygiene products

The Department of Corrections shall ensure that sufficient personal hygiene products are available at each facility for all incarcerated women.
Added by Laws, 2021, ch. 440, HB 196,§ 8, eff. 7/1/2021.
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) › DIGNITY FOR INCARCERATED WOMEN ACT (§§ 47-5-1501 — 47-5-1517) › Section 47-5-1517 - Training and technical assistance

(1)
The Department of Corrections shall develop and provide to all correctional facility employees and correctional officers who have contact with pregnant inmates training related to the physical and mental health of pregnant inmates and fetuses, including the following:
(a)
General care of pregnant women;
(b)
The impact of restraints on pregnant inmates and fetuses;
(c)
The impact of being placed in restrictive housing on pregnant inmates; and
(d)
The impact of invasive searches on pregnant inmates.
(2)
The Department of Corrections shall develop and provide educational programming for pregnant inmates related to:
(a)
Prenatal care;
(b)
Pregnancy-specific hygiene;
(c)
Parenting skills;
(d)
The impact of alcohol and drugs on the fetus; and
(e)
General health of child.
Added by Laws, 2021, ch. 440, HB 196,§ 9, eff. 7/1/2021.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 7 - PROBATION AND PAROLE (§§ 47-7-1 — 47-7-101) › PROBATION AND PAROLE LAW (§§ 47-7-1 — 47-7-55) › Section 47-7-1 - Probation and Parole Law

This chapter shall be known as the "Probation and Parole Law."
Codes, 1942, § 4004; Laws, 1944, ch. 334, § 1; Laws, 1950, ch. 524, § 1; Laws, 1956, ch. 262, § 1; brought forward, Laws, 1981, ch. 465, § 90; reenacted, Laws, 1984, ch. 471, § 100; reenacted, Laws, 1986, ch. 413, § 100, eff. 3/28/1986.
Mississippi Code 1972 (2023) › Title 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE (§§ 47-1-1 — 47-7-101) › Chapter 7 - PROBATION AND PAROLE (§§ 47-7-1 — 47-7-101) › PROBATION AND PAROLE LAW (§§ 47-7-1 — 47-7-55) › Section 47-7-3.2 - Minimum time offenders convicted of crime of violence must serve before release; minimum percentage of other sentences offenders must serve before release

(1)
Notwithstanding Section
47-5-138
,
47-5-139
,
47-5-138.1
or
47-5-142
, no person convicted of a criminal offense on or after July 1, 2014, shall be released by the department until he or she has served no less than the percentage of the sentence or sentences imposed by the court as set forth below:
(a)
Twenty-five percent (25%) or ten (10) years, whichever is less, for a nonviolent crime;
(b)
Fifty percent (50%) or twenty (20) years, whichever is less, for a crime of violence pursuant to Section
97-3-2
, except for robbery with a deadly weapon as defined in Section
97-3-79
, drive-by shooting as defined in Section
97-3-109
, or carjacking as defined in Section
97-3-117
;
(c)
Sixty percent (60%) or twenty-five (25) years, whichever is less, for robbery with a deadly weapon as defined in Section
97-3-79
, drive-by shooting as defined in Section
97-3-109
, or carjacking as defined in Section
97-3-117
.
(2)
This section shall not apply to:
(a)
Offenders sentenced to life imprisonment;
(b)
Offenders convicted as habitual offenders pursuant to Sections
99-19-81
through
99-19-87
;
(c)
Offenders serving a sentence for a sex offense; or
(d)
Offenders serving a sentence for trafficking pursuant to Section
41-29-139(f)
.
Brought forward by Laws, 2024, ch. 465, SB 2448,§ 5, eff. 7/1/2024.
Amended by Laws, 2021, ch. 479, SB 2795,§ 4, eff. 7/1/2021.
Added by Laws, 2014, ch. 457, HB 585, 42, eff. 7/1/2014.