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(§§ 47-5-1 — 47-5-1517) › MISSISSIPPI PRISON INDUSTRIES ACT OF 1990 (§§ 47-5-531 — 47-5-579) › Section 47-5-547 - [Repealed effective 7/1/2027] Training programs or auxiliary programs associated with prison industries

Except as otherwise specifically provided by law, any training program or auxiliary program associated with any existing prison industry shall be transferred to the corporation. The corporation is empowered and authorized to establish in participation with any community or junior college or state institution of higher learning, any training or auxiliary program for existing prison industries or for any industries which the corporation might create. Such community or junior college or state institution of higher learning shall provide assistance in business planning, marketing and analysis of existing or projected industries. These industrial services shall be contracted with any appropriate community or junior college or state institution of higher learning when these industries are developed at other correction sites.
Laws, 1990, ch. 534, § 9; reenacted and amended, Laws, 1996, ch. 547, § 18, eff. 4/13/1996.
Brought forward by Laws, 2024, ch. 464, SB 2445,§ 12, eff. 7/1/2024.
Amended by Laws, 2022, ch. 464, HB 863,§ 4, 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(§§ 47-5-1 — 47-5-1517) › MISSISSIPPI PRISON INDUSTRIES ACT OF 1990 (§§ 47-5-531 — 47-5-579) › Section 47-5-549 - [Repealed effective 7/1/2027] Entities to whom prison made goods or services may be sold; purchases of raw materials; prices of goods or services

Any service or item manufactured, processed, grown or produced by the corporation from its prison industries may be furnished or sold to any legislative, executive or judicial branch of the state, any political subdivision or any governing authority of the state, any other state, any school, college or university of the state, any foreign government, any agency of the federal government or to any private entity. The corporation shall make reasonable efforts to purchase raw materials from in-state vendors. The prices for industry-made products shall be established by the board of directors of the corporation or its designee.
Laws, 1990, ch. 534, § 10; reenacted without change, Laws, 1996, ch. 547, § 19, eff. 4/13/1996.
Brought forward by Laws, 2024, ch. 464, SB 2445,§ 13, eff. 7/1/2024.
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) › MISSISSIPPI PRISON INDUSTRIES ACT OF 1990 (§§ 47-5-531 — 47-5-579) › Section 47-5-551 - [Repealed effective 7/1/2027] Property of prison industry program reverts to department upon dissolution or expiration of lease

In the event the corporation is dissolved or its lease of any prison industry program expires or is otherwise terminated, all property relating to such prison industry program which ceases to function because of such termination or dissolution, including all funds, buildings, land, furnishings, equipment and other chattels subsequently purchased or otherwise acquired by the corporation in connection with its continued operation of that program, automatically reverts to full ownership by the department.
Laws, 1990, ch. 534, § 11; reenacted without change, Laws, 1996, ch. 547, § 20, eff. 4/13/1996.
Brought forward by Laws, 2024, ch. 464, SB 2445,§ 14, eff. 7/1/2024.
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) › MISSISSIPPI PRISON INDUSTRIES ACT OF 1990 (§§ 47-5-531 — 47-5-579) › Section 47-5-553 - [Repealed effective 7/1/2027] Chief executive officer of corporation to communicate with Commissioner of Corrections regarding security at facility; communication as to needed improvements

Before any prison industry may commence operations, the chief executive officer of the corporation must communicate with the Commissioner of Corrections regarding the proper security for the facility. If at anytime the Commissioner of Corrections recognizes a need for improvement in the security at any facility, then he or she shall communicate to the corporation regarding what improvements are needed for the facility to be properly secured. The corporation shall furnish its own security within the parameters of any prison industry work area.
Laws, 1990, ch. 534, § 12; reenacted without change, Laws, 1996, ch. 547, § 21; Laws, 2007, ch. 421, § 1, eff. 7/1/2007.
Brought forward by Laws, 2024, ch. 464, SB 2445,§ 15, eff. 7/1/2024.
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) › MISSISSIPPI PRISON INDUSTRIES ACT OF 1990 (§§ 47-5-531 — 47-5-579) › Section 47-5-555 - [Repealed effective 7/1/2027] Use of inmate labor

The department shall, subject to the necessary security requirements and the needs of the corporation, provide to the corporation sufficient inmate labor for the various prison industry programs. The department may adopt rules and regulations as may be necessary to govern the use of inmates by the corporation. The corporation shall establish policies and procedures, subject to the approval of the department, relating to the use of inmates in the prison industry programs.
Laws, 1990, ch. 534, § 13; reenacted without change, Laws, 1996, ch. 547, § 22, eff. 4/13/1996.
Brought forward by Laws, 2024, ch. 464, SB 2445,§ 16, eff. 7/1/2024.
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) › MISSISSIPPI PRISON INDUSTRIES ACT OF 1990 (§§ 47-5-531 — 47-5-579) › Section 47-5-557 - [Repealed effective 7/1/2027] Inmate not agent, employee or involuntary servant of corporation; exception

Any inmate who performs work for the corporation, except those inmates employed by the corporation in the Prison Industry Enhancement Program under Section
47-5-1251
, shall not be deemed an agent, employee or involuntary servant of the corporation while performing such work or while going to and from work or other specified areas.
Laws, 1990, ch. 534, § 14; reenacted without change, Laws, 1996, ch. 547, § 23; Laws, 2001, ch. 434, § 2, eff. 3/14/2001.
Brought forward by Laws, 2024, ch. 464, SB 2445,§ 17, eff. 7/1/2024.
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) › MISSISSIPPI PRISON INDUSTRIES ACT OF 1990 (§§ 47-5-531 — 47-5-579) › Section 47-5-559 - [Repealed effective 7/1/2027] Annual report on status of correctional work programs; financial statements; audit of corporation

The corporation shall submit to the Governor and the Legislature, on or before January 1 of each year, a report on the status of the correctional work programs, including, but not limited to, the programs and funds which have been transferred to the corporation, the programs and funds to be taken over within the next year and the proposed use of the profits from such programs, a breakdown of the amount of noninmate labor used, work subcontracted to other vendors, use of consultants, finished goods purchased for resale, and the number of inmates working in the correctional work programs at the time of the report. In addition, the corporation shall submit to the department, the Governor and the Legislature an annual independently audited financial statement and such other information as may be requested by the Legislature together with recommendations from the corporation relating to provisions for reasonable tax incentives to private enterprises that employ inmates, parolees or former inmates who have participated in correctional work programs. The department shall include, as a portion of its annual report, a report on post-release job placement and the rate of subsequent contact with the correctional system for those inmates who have participated in the correctional work programs operated by the corporation and by the department. Beginning January 1, 1991, the State Auditor shall conduct an annual financial audit of the corporation in conjunction with an independent audit conducted by the corporation's auditors. The State Auditor and the legislative PEER committee shall also conduct a biennial performance audit of the corporation for the period beginning January 1, 1991, through January 1, 1993, and thereafter upon the joint request of the Senate Corrections Committee, House Corrections Committee, Senate Finance Committee, and House Ways and Means Committee.
Laws, 1990, ch. 534, § 15; reenacted without change, Laws, 1996, ch. 547, § 24, eff. 4/13/1996.
Amended by Laws, 2024, ch. 464, SB 2445,§ 18, eff. 7/1/2024.
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) › MISSISSIPPI PRISON INDUSTRIES ACT OF 1990 (§§ 47-5-531 — 47-5-579) › Section 47-5-561 - [Repealed effective 7/1/2027] Authority of corporation to request appropriations from general fund; repayment of funds; funds to be maintained in interest-bearing accounts

(1)
In addition to its other powers, the corporation shall have the power to request, through the department, an appropriation of general revenue funds for the purposes of operation of, addition to or renovation of facilities or correctional work programs at the various correctional institutions; however, upon receipt of such appropriation, the rental paid by the corporation for the operation of or such new remodeled or renovated facilities or the operation of a correctional work program shall be sufficient to amortize its cost over a period of five (5) years.
(2)
The corporation shall maintain those prison industries funds in excess of that amount necessary for sustaining quarterly or monthly operations of the corporation in an interest-bearing account best serving the proper management of corporation funds and earning the maximum amount of interest allowed by law. The corporation shall cause monies from the interest-bearing account to be deposited quarterly or monthly into the corporation's checking account in order to pay the legal debts of the corporation, approved for payment by the corporation.
Laws, 1990, ch. 534, § 16; reenacted without change, Laws, 1996, ch. 547, § 25, eff. 4/13/1996.
Brought forward by Laws, 2024, ch. 464, SB 2445,§ 19, eff. 7/1/2024.
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) › MISSISSIPPI PRISON INDUSTRIES ACT OF 1990 (§§ 47-5-531 — 47-5-579) › Section 47-5-563 - [Repealed effective 7/1/2027] Department may adopt rules governing use of inmates by corporation; corporation to establish policies relating to use of inmates; filing of rules and policies

(1)
The department may adopt such rules as may be necessary to govern the use of inmates by the corporation; however, such rules shall be related only to the need for security, inmate protections, and efficient operation of each institution.
(2)
The corporation, with the input of the department, shall establish policies and procedures subject to the approval of the department's legal counsel relating to the use of inmates in the correctional work programs.
(3)
All such policies and procedures adopted by the department and the corporation shall be placed on file in the office of the Secretary of State.
Laws, 1990, ch. 534, § 17; reenacted without change, Laws, 1996, ch. 547, § 26, eff. 4/13/1996.
Brought forward by Laws, 2024, ch. 464, SB 2445,§ 20, eff. 7/1/2024.
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) › MISSISSIPPI PRISON INDUSTRIES ACT OF 1990 (§§ 47-5-531 — 47-5-579) › Section 47-5-565 - [Repealed effective 7/1/2027] Corporation to authorize expenditures from Prison Industries Fund

To carry out the provisions of Sections
47-5-531
through
47-5-575
, the provisions of Sections
47-5-301
et seq., and 47-5-501 et seq., Mississippi Code of 1972, the corporation shall authorize the transfer and expending of monies from the Prison Industries Fund.
Laws, 1990, ch. 534, § 18; reenacted without change, Laws, 1996, ch. 547, § 27, eff. 4/13/1996.
Brought forward by Laws, 2024, ch. 464, SB 2445,§ 21, eff. 7/1/2024.
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) › MISSISSIPPI PRISON INDUSTRIES ACT OF 1990 (§§ 47-5-531 — 47-5-579) › Section 47-5-567 - [Repealed effective 7/1/2027] Inmates ineligible for unemployment compensation or worker's compensation

Except as otherwise specifically provided by law, no inmate shall be eligible for unemployment compensation or workmen's compensation whether employed by the corporation or by any other private enterprise operating on the grounds of a correctional institution or elsewhere where such employment shall be a part of a correctional work program or work release program of either the corporation or the department.
Laws, 1990, ch. 534, § 19; reenacted and amended, Laws, 1996, ch. 547, § 28, eff. 4/13/1996.
Brought forward by Laws, 2024, ch. 464, SB 2445,§ 22, eff. 7/1/2024.
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) › MISSISSIPPI PRISON INDUSTRIES ACT OF 1990 (§§ 47-5-531 — 47-5-579) › Section 47-5-569 - [Repealed effective 7/1/2027] Department to lease all or none of work programs at any one correctional institution; disposition of rent paid by corporation; approval of leases

(1)
Except as otherwise specifically provided by law, if the department leases a single correctional work program at any correctional institution to the corporation, the corporation shall lease all such correctional work programs at that institution. Any rent paid by the corporation to the department shall be deposited in a correctional programs trust fund for enhancement of education and training, post-release job placement, and other correctional purposes related to the purposes of Sections
47-5-531
through
47-5-575
.
(2)
All leases of department-owned land for the funding or operations of the corporation shall be subject to the approval of the corporation, the Mississippi Department of Corrections and the Public Procurement Review Board.
(3)
This section shall not apply to any program within the prison agricultural enterprises operated by the department.
Laws, 1990, ch. 534, § 20; Laws, 1992, ch. 506, § 10; reenacted and amended, Laws, 1996, ch. 547, § 29, eff. 4/13/1996.
Brought forward by Laws, 2024, ch. 464, SB 2445,§ 23, eff. 7/1/2024.
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) › MISSISSIPPI PRISON INDUSTRIES ACT OF 1990 (§§ 47-5-531 — 47-5-579) › Section 47-5-571 - [Repealed effective 7/1/2027] Unauthorized sales of prison-made goods or services prohibited

Except as otherwise specifically provided by law, no goods, wares, services or merchandise manufactured, mined or offered in whole or in part by prisoners shall be sold or offered by any person or other authority except by the corporation, as authorized by Sections
47-5-531
through
47-5-575
.
Laws, 1990, ch. 534, § 21; reenacted and amended, Laws, 1996, ch. 547, § 30, eff. 4/13/1996.
B rought forward by Laws, 2024, ch. 464, SB 2445,§ 24, eff. 7/1/2024.
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) › MISSISSIPPI PRISON INDUSTRIES ACT OF 1990 (§§ 47-5-531 — 47-5-579) › Section 47-5-572 - [Repealed]

Laws, 2004, ch. 502, § 1; Laws, 2007, ch. 352, § 1, eff. 3/15/2007.
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) › MISSISSIPPI PRISON INDUSTRIES ACT OF 1990 (§§ 47-5-531 — 47-5-579) › Section 47-5-573 - [Repealed effective 7/1/2027] Master plan for correctional work programs; needs of corporation considered in assigning and transferring prisoners

(1)
In adopting or modifying master plans for correctional work programs, and in the administration of the Department of Corrections, it shall be the objective of the department to develop a logical sequence of vocational training, employment by correctional work programs, and post-release job placement for inmates participating in correctional work programs.
(2)
The Department of Corrections shall establish guidelines for the development of correctional work programs.
(3)
The needs of the corporation shall be considered by the department when assigning and transferring prisoners to correctional institutions. The following criteria shall be used when assigning and transferring inmates:
(a)
Skills of the inmate relevant to the corporation's industries;
(b)
Security classification of the inmate relevant to the type of corporation's industry;
(c)
Duration of availability of the inmate for employment by the corporation;
(d)
Establishment of a concept of potentially rehabilitative inmate.
Laws, 1990, ch. 534, § 22; reenacted without change, Laws, 1996, ch. 547, § 31, eff. 4/13/1996.
Brought forward by Laws, 2024, ch. 464, SB 2445,§ 25, eff. 7/1/2024.
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) › MISSISSIPPI PRISON INDUSTRIES ACT OF 1990 (§§ 47-5-531 — 47-5-579) › Section 47-5-575 - [Repealed effective 7/1/2027] Records of corporation subject to public records act

Any records or reports which relate to the financial aspect or operations of the corporation, with the exception of any trade secrets, shall be considered as public records and shall be subject to the provisions of the Mississippi Public Records Act of 1983.
Laws, 1990, ch. 534, § 23; reenacted without change, Laws, 1996, ch. 547, § 32, eff. 4/13/1996.
Brought forward by Laws, 2024, ch. 464, SB 2445,§ 26, eff. 7/1/2024.
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) › MISSISSIPPI PRISON INDUSTRIES ACT OF 1990 (§§ 47-5-531 — 47-5-579) › Section 47-5-577 - Repeal of Sections 47-5-531 through 47-5-575

Sections
47-5-531
through
47-5-575
, which create the Mississippi Prison Industries Act of 1990, shall stand repealed from and after July 1, 2027.
Amended by Laws, 2024, ch. 496, SB 2717,§ 3, eff. 5/8/2024.
Amended by Laws, 2024, ch. 464, SB 2445,§ 2, eff. 7/1/2024.
Added by Laws, 2022, ch. 464, HB 863,§ 5, 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) › DRUG IDENTIFICATION PROGRAM (§§ 47-5-601 — 47-5-605) › Section 47-5-601 - Establishment of program by Department of Corrections

The Mississippi Department of Corrections is authorized to establish a drug identification program and shall have the power and duty to adopt rules not inconsistent with law as it may deem proper and necessary with respect to the establishment, administration and operation of the program.
Laws, 1983, ch. 435, § 1, eff. 3/30/1983.
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) › DRUG IDENTIFICATION PROGRAM (§§ 47-5-601 — 47-5-605) › Section 47-5-603 - Participation in program; submission to chemical analysis test

Any offender on probation or released from a facility of the Department of Corrections on parole or earned probation who remains under the supervision of the Department of Corrections or any offender who is incarcerated in a state correctional facility may be required to participate in the Mississippi Department of Corrections drug identification program. Participation by an offender would consist of submission by the offender, from time to time and upon the request of a parole or probation supervisor, or authorized personnel of the department to any type of breath, saliva or urine chemical analysis test, the purpose of which is to detect the possible presence of alcohol or a substance prohibited or controlled by any law of the State of Mississippi or the United States.
Laws, 1983, ch. 435, § 2; Laws, 1991, ch. 437 § 1; Laws, 1998, ch. 314, § 1, eff. 7/1/1998.
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) › DRUG IDENTIFICATION PROGRAM (§§ 47-5-601 — 47-5-605) › Section 47-5-605 - Fees and costs for administering chemical analysis test

Each time the results of such a chemical analysis test indicate the unauthorized presence of alcohol or a controlled substance in the parolee or probationer, he or she shall be required to pay a fee of Ten Dollars ($10.00) to the Mississippi Department of Corrections drug identification program, which fee shall be used to pay for the cost of administering that particular test. All other costs of the program, including the costs of administering such tests in cases in which the presence of alcohol or a controlled substance is not found, will be paid by expenditures from the community service revolving fund as described in Section
47-7-49
.
Laws, 1983, ch. 435, § 3, eff. 3/30/1983.
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 OVERCROWDING EMERGENCY POWERS ACT (§§ 47-5-701 — 47-5-731) › Section 47-5-701 - [Repealed Effective 7/1/2025] Short title

Sections
47-5-701
through
47-5-729
shall be known and may be cited as the "Prison Overcrowding Emergency Powers Act."
Laws, 1985, ch. 499, § 1; reenacted, Laws, 1986, ch. 413, § 127; reenacted, Laws, 1987, ch. 335, § 1; reenacted, Laws, 1988, ch. 504, § 44; reenacted, Laws, 1990, ch. 315, § 1; reenacted, Laws, 1993, ch. 419, § 1; reenacted without change, Laws, 1999, ch. 537, § 1; reenacted without change, Laws, 2001, ch. 411, § 1; reenacted without change, Laws, 2002, ch. 615, § 1; reenacted without change, Laws, 2005, ch. 519, § 1; reenacted without change, Laws, 2006, ch. 395, § 1; reenacted without change, Laws, 2008, ch. 322, § 1; reenacted without change, Laws, 2012, ch. 322, § 1, eff. 4/5/2012.
Reenacted without change by Laws, 2022, ch. 310, HB 515,§ 1, eff. 7/1/2022.
Reenacted without change by Laws, 2018, ch. 406, HB 877,§ 1, eff. 7/1/2018.
Reenacted without change by Laws, 2014, ch. 316, SB 2649, 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) › PRISON OVERCROWDING EMERGENCY POWERS ACT (§§ 47-5-701 — 47-5-731) › Section 47-5-705 - [Repealed Effective 7/1/2025] Requirements for declaration of state of emergency

The requirements for the declaration of a prison system overcrowding state of emergency are as follows:
(a)
Prison system population in excess of ninety-five percent (95%) of the prison system operating capacity for at least thirty (30) consecutive days immediately preceding the declaration of a state of emergency;
(b)
Full appropriate utilization by the Mississippi Department of Corrections of powers which tend either to reduce prison system population or expand operating capacity. Such powers include, but are not limited to, earned time allowances as specified in Sections
47-5-138
and
47-5-139
, Mississippi Code of 1972, review of offenders for purposes of reclassification, reevaluation of persons eligible for consideration for work release, supervised earned release or other release programs authorized by law and arrangements for housing inmates of the Department of Corrections in local or county jails or other facilities authorized to house state inmates; and
(c)
Full appropriate utilization by the State Parole Board of those powers which tend to reduce the prison system population. Such powers include, but are not limited to, parole as provided in Section
47-7-3
, Mississippi Code of 1972, the review of inmates who have had their parole revoked and the reevaluation of inmates previously denied parole.
Laws, 1985, ch. 499, § 3; reenacted, Laws, 1986, ch. 413, § 129; reenacted, Laws, 1987, ch. 335, § 3; reenacted, Laws, 1988, ch. 504, § 46; reenacted, Laws, 1990, ch. 315, § 3; reenacted, Laws, 1993, ch. 419, § 3; reenacted without change, Laws, 1999, ch. 537, § 3; reenacted without change, Laws, 2001, ch. 411, § 3; reenacted without change, Laws, 2002, ch. 615, § 3; reenacted without change, Laws, 2005, ch. 519, § 3; reenacted without change, Laws, 2006, ch. 395, § 3; reenacted and amended, Laws, 2008, ch. 322, § 3; reenacted without change, Laws, 2012, ch. 322, § 3, eff. 4/5/2012.
Reenacted without change by Laws, 2022, ch. 310, HB 515,§ 3, eff. 7/1/2022.
Reenacted without change by Laws, 2018, ch. 406, HB 877,§ 3, eff. 7/1/2018.
Reenacted without change by Laws, 2014, ch. 316, SB 2649, 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) › PRISON OVERCROWDING EMERGENCY POWERS ACT (§§ 47-5-701 — 47-5-731) › Section 47-5-707 - [Repealed Effective 7/1/2025] Notice of overcrowded prison conditions; thirty-day report of overcrowded prison conditions

Whenever the prison system population exceeds ninety-five percent (95%) of operating capacity, the Commissioner of Corrections shall immediately notify the Governor and the State Parole Board of this fact. The notice shall include the current prison system population and the prison system operating capacity. A report must be made within ten (10) days after the thirtieth day of operating in excess of ninety-five percent (95%) of operating capacity. The report shall include the prison system operating capacity, the prison system population during the relevant time period, and may include a recommended specific term of advancement of the parole eligibility dates.
Laws, 1985, ch. 499, § 4; reenacted, Laws, 1986, ch. 413, § 130; reenacted, Laws, 1987, ch. 335, § 4; reenacted and amended, Laws, 1988, ch. 504, § 47; reenacted, Laws, 1990, ch. 315, § 4; reenacted, Laws, 1993, ch. 419, § 4; reenacted without change, Laws, 1999, ch. 537, § 4; reenacted without change, Laws, 2001, ch. 411, § 4; reenacted without change, Laws, 2002, ch. 615, § 4; reenacted without change, Laws, 2005, ch. 519, § 4; reenacted without change, Laws, 2006, ch. 395, § 4; reenacted without change, Laws, 2008, ch. 322, § 4; reenacted without change, Laws, 2012, ch. 322, § 4, eff. 4/5/2012.
Reenacted without change by Laws, 2022, ch. 310, HB 515,§ 4, eff. 7/1/2022.
Reenacted without change by Laws, 2018, ch. 406, HB 877,§ 4, eff. 7/1/2018.
Reenacted without change by Laws, 2014, ch. 316, SB 2649, 4, 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) › PRISON OVERCROWDING EMERGENCY POWERS ACT (§§ 47-5-701 — 47-5-731) › Section 47-5-709 - [Repealed Effective 7/1/2025] Thirty-day report by State Parole Board

If the prison system population exceeds ninety-five percent (95%) of operating capacity for thirty (30) consecutive days, the State Parole Board shall meet to determine whether there has been full appropriate exercise of the powers of the State Parole Board which tend to reduce the prison system population. The State Parole Board shall report its findings to the Governor within ten (10) days after the thirtieth day of operating in excess of ninety-five percent (95%) of prison operating capacity. The report shall include the determination of the State Parole Board regarding its utilization of powers described in paragraph (c) of Section
47-5-705
.
Laws, 1985, ch. 499, § 5; reenacted, Laws, 1986, ch. 413, § 131; reenacted, Laws, 1987, ch. 335, § 5; reenacted, Laws, 1988, ch. 504, § 48; reenacted, Laws, 1990, ch. 315, § 5; reenacted, Laws, 1993, ch. 419, § 5; reenacted without change, Laws, 1999, ch. 537, § 5; reenacted without change, Laws, 2001, ch. 411, § 5; reenacted without change, Laws, 2002, ch. 615, § 5; reenacted without change, Laws, 2005, ch. 519, § 5; reenacted without change, Laws, 2006, ch. 395, § 5; reenacted without change, Laws, 2008, ch. 322, § 5; reenacted without change, Laws, 2012, ch. 322, § 5, eff. 4/5/2012.
Reenacted without change by Laws, 2022, ch. 310, HB 515,§ 5, eff. 7/1/2022.
Reenacted without change by Laws, 2018, ch. 406, HB 877,§ 5, eff. 7/1/2018.
Reenacted without change by Laws, 2014, ch. 316, SB 2649, 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) › PRISON OVERCROWDING EMERGENCY POWERS ACT (§§ 47-5-701 — 47-5-731) › Section 47-5-711 - [Repealed Effective 7/1/2025] Powers of Governor upon receipt of reports

Upon receipt of the report from the Commissioner of Corrections and the report of the State Parole Board, the Governor has the power to:
(a)
Determine to be in error the determination that there had been full appropriate exercise of powers which tends to reduce prison population, in which case no state of emergency shall commence;
(b)
Determine that commencement of a state of emergency would be injurious to the public good, or raises the potential of threatening the safety of the public in the state as a whole or in a particular community, in which case no state of emergency shall commence; or
(c)
Determine that the reports establish the existence of the conditions for a declaration of a prison system overcrowding state of emergency as described in Section
47-5-705
and declare a state of emergency, specifying an amount of advancement of parole eligibility dates from thirty (30) to ninety (90) days.
If fourteen (14) days after the receipt of the reports to the Governor pursuant to Sections
47-5-707
and
47-5-709
the Governor has not exercised any of the powers specified in paragraphs (a), (b) and (c) of this section, action under Sections
47-5-701
through
47-5-729
is considered terminated.
If the Governor exercises a power under paragraph (a) or (b) of this section, he shall state the reasons for the exercise of such power in the notification of his action to the Commissioner of Corrections and the State Parole Board.
Laws, 1985, ch. 499, § 6; reenacted, Laws, 1986, ch. 413, § 132; reenacted, Laws, 1987, ch. 335, § 6; reenacted and amended, Laws, 1988, ch. 504, § 49; reenacted, Laws, 1990, ch. 315, § 6; reenacted, Laws, 1993, ch. 419, § 6; reenacted without change, Laws, 1999, ch. 537, § 6; reenacted without change, Laws, 2001, ch. 411, § 6; reenacted without change, Laws, 2002, ch. 615, § 6; reenacted without change, Laws, 2005, ch. 519, § 6; reenacted without change, Laws, 2006, ch. 395, § 6; reenacted and amended, Laws, 2008, ch. 322, § 6; reenacted without change, Laws, 2012, ch. 322, § 6, eff. 4/5/2012.
Reenacted without change by Laws, 2022, ch. 310, HB 515,§ 6, eff. 7/1/2022.
Reenacted without change by Laws, 2018, ch. 406, HB 877,§ 6, eff. 7/1/2018.
Reenacted without change by Laws, 2014, ch. 316, SB 2649, 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) › PRISON OVERCROWDING EMERGENCY POWERS ACT (§§ 47-5-701 — 47-5-731) › Section 47-5-713 - [Repealed Effective 7/1/2025] Advancement of parole eligibility dates during state of emergency

Upon the declaration of a state of emergency, the parole eligibility dates of qualified inmates shall be conditionally advanced. The amount of advancement of parole eligibility dates must be specified in the declaration by the Governor. When the state of emergency has been terminated, the parole eligibility dates which were conditionally advanced shall be reset to the parole eligibility date set prior to the emergency for those inmates who were not released on parole under the provisions of Sections
47-5-701
through
47-5-729
.
Laws, 1985, ch. 499, § 7; reenacted, Laws, 1986, ch. 413, § 133; reenacted, Laws, 1987, ch. 335, § 7; reenacted, Laws, 1988, ch. 504, § 50; reenacted, Laws, 1990, ch. 315, § 7; reenacted, Laws, 1993, ch. 419, § 7; reenacted without change, Laws, 1999, ch. 537, § 7; reenacted without change, Laws, 2001, ch. 411, § 7; reenacted without change, Laws, 2002, ch. 615, § 7; reenacted without change, Laws, 2005, ch. 519, § 7; reenacted without change, Laws, 2006, ch. 395, § 7; reenacted without change, Laws, 2008, ch. 322, § 7; reenacted without change, Laws, 2012, ch. 322, § 7, eff. 4/5/2012.
Reenacted without change by Laws, 2022, ch. 310, HB 515,§ 7, eff. 7/1/2022.
Reenacted without change by Laws, 2018, ch. 406, HB 877,§ 7, eff. 7/1/2018.
Reenacted without change by Laws, 2014, ch. 316, SB 2649, 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) › PRISON OVERCROWDING EMERGENCY POWERS ACT (§§ 47-5-701 — 47-5-731) › Section 47-5-715 - [Repealed Effective 7/1/2025] Weekly certification of population figures during state of emergency; termination of state of emergency

During the continuation of a state of emergency, the Commissioner of the Department of Corrections shall weekly certify to the Governor the prison system population for each day of the preceding week. The Governor shall declare the state of emergency terminated upon notification that the prison system population has been at or below ninety-five percent (95%) of operating capacity for seven (7) consecutive days.
If no declaration of termination is issued within seven (7) days after the certification of conditions for termination of the state of emergency, the state of emergency is considered terminated as of the seventh day after the certification.
Laws, 1985, ch. 499, § 8; reenacted, Laws, 1986, ch. 413, § 134; reenacted, Laws, 1987, ch. 335, § 8; reenacted, Laws, 1988, ch. 504, § 51; reenacted, Laws, 1990, ch. 315, § 8; reenacted, Laws, 1993, ch. 419, § 8; reenacted without change, Laws, 1999, ch. 537, § 8; reenacted without change, Laws, 2001, ch. 411, § 8; reenacted without change, Laws, 2002, ch. 615, § 8; reenacted without change, Laws, 2005, ch. 519, § 8; reenacted without change, Laws, 2006, ch. 395, § 8; reenacted without change, Laws, 2008, ch. 322, § 8; reenacted without change, Laws, 2012, ch. 322, § 8, eff. 4/5/2012.
Reenacted without change by Laws, 2022, ch. 310, HB 515,§ 8, eff. 7/1/2022.
Reenacted without change by Laws, 2018, ch. 406, HB 877,§ 8, eff. 7/1/2018.
Reenacted without change by Laws, 2014, ch. 316, SB 2649, 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) › PRISON OVERCROWDING EMERGENCY POWERS ACT (§§ 47-5-701 — 47-5-731) › Section 47-5-717 - [Repealed Effective 7/1/2025] Sixty-day report of overcrowded prison conditions

If sixty (60) days after the declaration of a prison system overcrowding state of emergency or of an additional advancement of the parole eligibility dates the prison system population continues to be in excess of ninety-five percent (95%) of operating capacity, the Commissioner of Corrections shall report to the Governor indicating whether an additional advancement of the parole eligibility dates is necessary in order to reduce the prison system population to ninety-five percent (95%) of operating capacity and indicating the amount of any recommended additional advancement of the parole eligibility dates. The recommended amount must be no less than thirty (30) days nor more than ninety (90) days. The report shall include those factors which would tend to indicate that the prison system population is likely to increase above operating capacity within ninety (90) days. The report shall discuss the availability of field supervisors, the currently existing supervision case loads, and the measures that could be taken and the resources that would be needed to provide appropriate supervision of persons released early as a result of an additional advancement of the parole eligibility dates.
Laws, 1985, ch. 499, § 9; reenacted, Laws, 1986, ch. 413, § 135; reenacted, Laws, 1987, ch. 335, § 9; reenacted and amended, Laws, 1988, ch. 504, § 52; reenacted, Laws, 1990, ch. 315, § 9; reenacted, Laws, 1993, ch. 419, § 9; reenacted without change, Laws, 1999, ch. 537, § 9; reenacted without change, Laws, 2001, ch. 411, § 9; reenacted without change, Laws, 2002, ch. 615, § 9; reenacted without change, Laws, 2005, ch. 519, § 9; reenacted without change, Laws, 2006, ch. 395, § 9; reenacted without change, Laws, 2008, ch. 322, § 9; reenacted without change, Laws, 2012, ch. 322, § 9, eff. 4/5/2012.
Reenacted without change by Laws, 2022, ch. 310, HB 515,§ 9, eff. 7/1/2022.
Reenacted without change by Laws, 2018, ch. 406, HB 877,§ 9, eff. 7/1/2018.
Reenacted without change by Laws, 2014, ch. 316, SB 2649, 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) › PRISON OVERCROWDING EMERGENCY POWERS ACT (§§ 47-5-701 — 47-5-731) › Section 47-5-721 - [Repealed Effective 7/1/2025] Termination of state of emergency by order of Governor

If at any time during a state of emergency the Governor determines that the continuation of the state of emergency is injurious to the public good or raises the potential of threatening the safety of the public in the state as a whole or in a particular community, he may order the state of emergency terminated.
Laws, 1985, ch. 499, § 11; reenacted, Laws, 1986, ch. 413, § 137; reenacted, Laws, 1987, ch. 335, § 11; reenacted, Laws, 1988, ch. 504, § 54; reenacted, Laws, 1990, ch. 315, § 11; reenacted, Laws, 1993, ch. 419, § 11; reenacted without change, Laws, 1999, ch. 537, § 11; reenacted without change, Laws, 2001, ch. 411, § 11; reenacted without change, Laws, 2002, ch. 615, § 11; reenacted without change, Laws, 2005, ch. 519, § 11; reenacted without change, Laws, 2006, ch. 395, § 11; reenacted without change, Laws, 2008, ch. 322, § 11; reenacted without change, Laws, 2012, ch. 322, § 11, eff. 4/5/2012.
Reenacted without change by Laws, 2022, ch. 310, HB 515,§ 11, eff. 7/1/2022.
Reenacted without change by Laws, 2018, ch. 406, HB 877,§ 11, eff. 7/1/2018.
Reenacted without change by Laws, 2014, ch. 316, SB 2649, 11, 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) › PRISON OVERCROWDING EMERGENCY POWERS ACT (§§ 47-5-701 — 47-5-731) › Section 47-5-723 - [Repealed Effective 7/1/2025] Revocation of conditional advancement of parole eligibility date

Revocation of the conditional advancement of the parole eligibility date is a permissible prison disciplinary action according to the same procedures governing the forfeiture of earned time allowances as a prison disciplinary action.
Laws, 1985, ch. 499, § 12; reenacted, Laws, 1986, ch. 413, § 138; reenacted, Laws, 1987, ch. 335, § 12; reenacted, Laws, 1988, ch. 504, § 55; reenacted, Laws, 1990, ch. 315, § 12; reenacted, Laws, 1993, ch. 419, § 12; reenacted without change, Laws, 1999, ch. 537, § 12; reenacted without change, Laws, 2001, ch. 411, § 12; reenacted without change, Laws, 2002, ch. 615, § 12; reenacted without change, Laws, 2005, ch. 519, § 12; reenacted without change, Laws, 2006, ch. 395, § 12; reenacted without change, Laws, 2008, ch. 322, § 12; reenacted without change, Laws, 2012, ch. 322, § 12, eff. 4/5/2012.
Reenacted without change by Laws, 2022, ch. 310, HB 515,§ 12, eff. 7/1/2022.
Reenacted without change by Laws, 2018, ch. 406, HB 877,§ 12, eff. 7/1/2018.
Reenacted without change by Laws, 2014, ch. 316, SB 2649, 12, 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) › PRISON OVERCROWDING EMERGENCY POWERS ACT (§§ 47-5-701 — 47-5-731) › Section 47-5-725 - [Repealed Effective 7/1/2025] Conditions of advancement of parole eligibility date

The State Parole Board shall prescribe conditions of advancement of the parole eligibility date applicable prior to an inmate's release. The State Parole Board shall prescribe conditions of supervision consistent with existing regulations applicable after release on parole. When an inmate is released under the provisions of Sections
47-5-701
through
47-5-729
he shall be considered to be in the legal custody of the Department of Corrections.
Laws, 1985, ch. 499, § 13; reenacted, Laws, 1986, ch. 413, § 139; reenacted, Laws, 1987, ch. 335, § 13; reenacted, Laws, 1988, ch. 504, § 56; reenacted, Laws, 1990, ch. 315, § 13; reenacted, Laws, 1993, ch. 419, § 13; reenacted without change, Laws, 1999, ch. 537, § 13; reenacted without change, Laws, 2001, ch. 411, § 13; reenacted without change, Laws, 2002, ch. 615, § 13; reenacted without change, Laws, 2005, ch. 519, § 13; reenacted without change, Laws, 2006, ch. 395, § 13; reenacted without change, Laws, 2008, ch. 322, § 13; reenacted without change, Laws, 2012, ch. 322, § 13, eff. 4/5/2012.
Reenacted without change by Laws, 2022, ch. 310, HB 515,§ 13, eff. 7/1/2022.
Reenacted without change by Laws, 2018, ch. 406, HB 877,§ 13, eff. 7/1/2018.
Reenacted without change by Laws, 2014, ch. 316, SB 2649, 13, 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) › PRISON OVERCROWDING EMERGENCY POWERS ACT (§§ 47-5-701 — 47-5-731) › Section 47-5-727 - [Repealed Effective 7/1/2025] Advancement of parole eligibility date to be independent of other adjustments

Advancement of parole eligibility dates under Sections
47-5-701
through
47-5-729
shall occur independently of all other adjustments of the parole eligibility dates, such as advancing the parole eligibility dates as a result of receiving earned time allowances.
Laws, 1985, ch. 499, § 14; reenacted, Laws, 1986, ch. 413, § 140; reenacted, Laws, 1987, ch. 335, § 14; reenacted, Laws, 1988, ch. 504, § 57; reenacted, Laws, 1990, ch. 315, § 14; reenacted, Laws, 1993, ch. 419, § 14; reenacted without change, Laws, 1999, ch. 537, § 14; reenacted without change, Laws, 2001, ch. 411, § 14; reenacted without change, Laws, 2002, ch. 615, § 14; reenacted without change, Laws, 2005, ch. 519, § 14; reenacted without change, Laws, 2006, ch. 395, § 14; reenacted and amended, Laws, 2008, ch. 322, § 14; reenacted without change Laws, 2012, ch. 322, § 14, eff. 4/5/2012.
Reenacted without change by Laws, 2022, ch. 310, HB 515,§ 14, eff. 7/1/2022.
Reenacted without change by Laws, 2018, ch. 406, HB 877,§ 14, eff. 7/1/2018.
Reenacted without change by Laws, 2014, ch. 316, SB 2649, 14, 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) › PRISON OVERCROWDING EMERGENCY POWERS ACT (§§ 47-5-701 — 47-5-731) › Section 47-5-729 - [Repealed Effective 7/1/2025] Establishment and quarterly certification or alteration of operating capacities

The Commissioner of Corrections shall within thirty (30) days after April 10, 1985, establish the operating capacities of the prison system, and shall at least quarterly certify existing operating capacities or establish changed or new operating capacities.
Laws, 1985, ch. 499, § 15; reenacted, Laws, 1986, ch. 413, § 141; reenacted, Laws, 1987, ch. 335, § 15; reenacted and amended, Laws, 1988, ch. 504, § 58; reenacted, Laws, 1990, ch. 315, § 15; reenacted, Laws, 1993, ch. 419, § 15; reenacted without change, Laws, 1999, ch. 537, § 15; reenacted without change, Laws, 2001, ch. 411, § 15; reenacted without change, Laws, 2002, ch. 615, § 15; reenacted without change, Laws, 2005, ch. 519, § 15; reenacted without change, Laws, 2006, ch. 395, § 15; reenacted without change, Laws, 2008, ch. 322, § 15; reenacted without change Laws, 2012, ch. 322, § 15, eff. 4/5/2012.
Reenacted without change by Laws, 2022, ch. 310, HB 515,§ 15, eff. 7/1/2022.
Reenacted without change by Laws, 2018, ch. 406, HB 877,§ 15, eff. 7/1/2018.
Reenacted without change by Laws, 2014, ch. 316, SB 2649, 15, 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) › PRISON OVERCROWDING EMERGENCY POWERS ACT (§§ 47-5-701 — 47-5-731) › Section 47-5-731 - Repeal of Sections 47-5-701 through 47-5-729

Sections
47-5-701
through
47-5-729
, Mississippi Code of 1972, which create the Prison Overcrowding Emergency Powers Act, shall stand repealed from and after July 1, 2025.
Laws, 1986, ch. 413, § 142; Laws, 1987, ch. 335, § 16; Laws, 1988, ch. 504, § 59; Laws, 1990, ch. 315, § 16; Laws, 1991, ch. 378 § 1; Laws, 1993, ch. 419, § 16; Laws, 1994, ch. 312, § 1; Laws, 1995, ch. 389, § 1; Laws, 1999, ch. 537, § 16; Laws, 2001, ch. 411, § 16; Laws, 2002, ch. 615, § 16; reenacted and amended, Laws, 2005, ch. 519, § 16; Laws, 2006, ch. 395, § 16; Laws, 2008, ch. 322, § 16; reenacted and amended, Laws, 2012, ch. 322, § 16, eff. 4/5/2012.
Amended by Laws, 2022, ch. 310, HB 515,§ 16, eff. 7/1/2022.
Amended by Laws, 2018, ch. 406, HB 877,§ 16, eff. 7/1/2018.
Amended by Laws, 2018, ch. 327, SB 2646,§ 1, eff. 7/1/2018.
Amended by Laws, 2014, ch. 316, SB 2649, 16, 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) › ADMINISTRATIVE REVIEW PROCEDURE (§§ 47-5-801 — 47-5-807) › Section 47-5-801 - Authority to adopt administrative review procedure

The Department of Corrections is hereby authorized to adopt an administrative review procedure at each of its correctional facilities in compliance with 42 USCS Section 1997, the "Civil Rights of Institutionalized Persons Act," or CRIPA, and Part 40 of Title 28, Code of Federal Regulations.
Laws, 1989, ch. 563, § 1, 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) › ADMINISTRATIVE REVIEW PROCEDURE (§§ 47-5-801 — 47-5-807) › Section 47-5-803 - Procedure constitutes administrative remedies available to offenders for purpose of preserving cause of action against state

(1)
Upon approval of the administrative review procedure by a federal court as authorized and required by the Civil Rights of Institutionalized Persons Act, and the implementation of the procedure within the department, this procedure shall constitute the administrative remedies available to offenders for the purpose of preserving any cause of action such offenders may claim to have against the State of Mississippi, the Department of Corrections or its officials or employees.
(2)
No state court shall entertain an offender's grievance or complaint which falls under the purview of the administrative review procedure unless and until such offender shall have exhausted the remedies as provided in such procedure. If at the time the petition is filed the administrative review process has not yet been completed, the court shall stay the proceedings for a period not to exceed ninety (90) days to allow for completion of the procedure and exhaustion of the remedies thereunder.
Laws, 1989, ch. 563, § 2, eff. 7/1/1989.