Chapter 1. County and Municipal Prisons and Prisoners

§ 47-1-1. Enforcement of sentences.

Every convict sentenced to imprisonment in the county jail, or to such imprisonment and the payment of a fine, or the payment of a fine, shall be committed to jail, and shall remain in close confinement for the full time specified for imprisonment in the sentence of the court, and in like confinement, subject to the provisions of Section 99-19-20.1, until the fine, costs and jail fees be fully paid, unless discharged in due course of law, or as hereinafter provided. Subject to the provisions of Section 99-19-20.1, no convict shall be held in continuous confinement under a conviction for any one (1) offense for failure to pay fine and costs in such case for a period of more than one (1) year.

HISTORY: Codes, 1892, § 775; 1906, § 837; Hemingway’s 1917, §§ 4015, 4030; 1930, § 4058; 1942, § 7899; Laws, 1908, ch. 109; Laws, 2018, ch. 416, § 4, eff from and after July 1, 2018.

Amendment Notes —

The 2018 amendment inserted “subject to the provisions of Section 99-19-20.1” in the first sentence and at the beginning of the second sentence; substituted “one (1) year” for “two (2) years” at the end of the last sentence; and made a minor stylistic change.

Cross References —

Duty of sheriff relative to prisoners, see §§19-25-63 et seq.

Credit allowed for labor of convicts, see §47-1-47.

Sentence upon conviction for vagrancy, see §97-35-41.

Sentence upon two or more convictions, see §99-19-21.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

JUDICIAL DECISIONS

1. In general.

2. Removal of prisoner.

3. Length of confinement.

1. In general.

Code sections associated with section containing provision, stricken by Amendatory Act, that no convict shall be credited with wages while in jail and not at work held to entitle convict to credit of $1 on his fine and costs for each day spent in jail when ready, able, and willing to work, regardless of title of amendatory act, “An Act to amend [such section] so as to credit convicts with time served in jail.” Ex parte Jackson, 177 Miss. 509, 171 So. 545, 1937 Miss. LEXIS 138 (Miss. 1937).

Duplicate detention warrant held sufficient authority for convict’s detention. Ex parte Moody, 121 Miss. 313, 83 So. 529, 1919 Miss. LEXIS 165 (Miss. 1919).

Court’s failure to comply with statute does not relieve accused from liability for imprisonment on failure to pay fine. Buck v. State, 103 Miss. 276, 60 So. 321, 1912 Miss. LEXIS 170 (Miss. 1912).

This section [Code 1942, § 7899], in providing for imprisonment until payment of the cost of prosecution, does not violate a constitutional prohibition of imprisonment for debt. Ex parte McInnis, 98 Miss. 773, 54 So. 260, 1910 Miss. LEXIS 123 (Miss. 1910).

2. Removal of prisoner.

Sheriff had no authority to remove prisoner sentenced to imprisonment in county jail where offense was committed to jail of nonadjoining county. Ex parte Buck, 104 Miss. 661, 61 So. 651, 1913 Miss. LEXIS 67 (Miss. 1913).

3. Length of confinement.

Under the equal protection clause of the Fourteenth Amendment, an indigent, convicted in a state court and sentenced to the maximum term of imprisonment specified by statute and payment of a fine and court costs, the judgment also directing, pursuant to statute, that if the defendant was in default of the monetary payment at the expiration of his prison term, he should remain in jail to “work off” the fine at the statutory rate, may not be continued in confinement beyond the maximum term specified by statute because of his failure to satisfy the monetary provisions of the sentence, either with regard to the fine or with regard to the costs. Williams v. Illinois, 399 U.S. 235, 90 S. Ct. 2018, 26 L. Ed. 2d 586, 1970 U.S. LEXIS 8 (U.S. 1970).

Although incarceration of indigent for involuntary failure to pay fine and court costs beyond the maximum imprisonment prescribed by state law for the offense was held to be violative of the Federal Constitution, the state can institute methods, other than incarceration, to enforce the collection of unpaid fines. Wade v. Carsley, 433 F.2d 68, 1970 U.S. App. LEXIS 6973 (5th Cir. Miss. 1970).

However, it had earlier been held that the imprisonment of an indigent for failure to pay a fine did not constitute cruel and unusual punishment, where the indigent after pleading guilty to a misdemeanor charge was sentenced to a jail term and to pay a fine, and after serving her jail term was unable to pay the fine because she was indigent, in view of Code 1942, § 7899 which limits the time of confinement for failure to pay a fine for any one offense to 2 years. Wade v. Carsley, 221 So. 2d 725, 1969 Miss. LEXIS 1506 (Miss. 1969).

That more than two years had elapsed since imposition of fine and sentence, part of which had been unlawfully suspended by county judge, held not to relieve defendant from serving unsatisfied portion on ground that statute provided that no convict should be held in continuous confinement under conviction for any one offense for failure to pay fine and costs in such case for period of more than two years, where defendant was not in continuous confinement under suspended portion of sentence. Cameron v. Thompson, 178 Miss. 434, 173 So. 422, 1937 Miss. LEXIS 222 (Miss. 1937).

RESEARCH REFERENCES

Am. Jur.

22A Am. Jur. 2d, Criminal Law §§ 1319, 1320 et seq.

CJS.

24 C.J.S., Criminal Law § 1570.

§ 47-1-3. County convicts; duty of board of supervisors.

It is the imperative duty of the board of supervisors in each county in this state to require each convict sentenced to imprisonment in the county jail and the payment of a fine and costs, or to imprisonment and payment of costs, or to payment of fine and costs, to work out the sentence on the county convict farm or on the public roads or other public works of the county, or in a contiguous county, as herein provided. But any convict who is sentenced to the payment of a fine and costs and who pays such fine and costs shall thereby be relieved from working out such fine and costs, but the payment in full of such fine and costs shall not relieve such convict from working out the full time of his imprisonment as adjudged in his sentence. The board of supervisors of any county, however, may by an order spread upon its minutes, giving the reason therefor, and with the approval of the circuit judge of the district, discharge any aged or infirm convict upon his making an affidavit of his insolvency and inability to pay the fine and costs, and filing same with the clerk of the board of supervisors at any time after the expiration of his imprisonment.

HISTORY: Codes, 1892, § 814; 1906, § 870; Hemingway’s 1917, § 4030; 1930, § 4059; 1942, § 7900; Laws, 1900, ch. 100; Laws, 1906, ch. 100; Laws, 1908, ch. 168; Laws, 1936, ch. 269.

Cross References —

Constitutional prohibition against county convicts being hired or leased, see Miss. Const. Art. 10, § 226.

Jurisdiction and powers of boards of supervisors generally, see §19-3-41.

Working roads with convicts, see §65-7-113.

Acquisition of facilities for restitution centers, see §99-37-19.

JUDICIAL DECISIONS

1. In general.

Convict, sentenced to imprisonment in county jail and payment of fine and costs, being required by statute to work each day that he is able, is entitled to credit of $1 for each day on which he is physically able and willing to work until full payment of fine and costs, though county board of supervisors fails to furnish him work and facilities or means therefor, as required by statute. Ex parte Jackson, 177 Miss. 509, 171 So. 545, 1937 Miss. LEXIS 138 (Miss. 1937).

Code sections associated with section containing provision, stricken by amendatory act, that no convict be credited with wages while in jail and not at work, held to entitle convict to credit of $1 on fine and costs for each day spent in jail when ready, able, and willing to work, regardless of title to amendatory act. Ex parte Jackson, 177 Miss. 509, 171 So. 545, 1937 Miss. LEXIS 138 (Miss. 1937).

Prisoner cannot be released on habeas corpus before expiration of period sufficient to pay fine at maximum statutory allowance. Morris v. Waldrop, 151 Miss. 553, 118 So. 621, 1928 Miss. LEXIS 365 (Miss. 1928).

OPINIONS OF THE ATTORNEY GENERAL

Miss. Code Section 47-1-3 makes it duty of board of supervisors in each county to require each convict sentenced to imprisonment in county jail and payment of fine and costs, or to imprisonment and payment of costs, or to payment of fine and costs, to work out sentence on county convict farm or on public roads or at other public works of sentencing county or contiguous county. Simmons, Jan. 11, 1993, A.G. Op. #92-0988.

Where inmate is physically willing and able to work, inmate is entitled to credit against fine and cost in amount of $10 per day, until such fine and cost are fully paid. Stewart, May 20, 1993, A.G. Op. #93-0255.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 176 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 19-21, 23-25, 27, 28, 31, 32, 37, 42, 43, 46-49, 63, 97, 102.

§ 47-1-5. County convicts; board of supervisors may lease or buy suitable lands.

In order to carry out the provisions of Section 47-1-3, the board of supervisors of each county in this state are authorized and directed, whenever it may be necessary to buy or lease a sufficient number of acres of land within reasonable and convenient distance of the county jail to be used by the county as a county convict farm. They are also authorized to make any necessary improvements thereon, such as erecting necessary and convenient buildings, clearing, terracing and ditching and leveeing, or otherwise repairing and improving such farm, so that it may be suitable to be used as a farm upon which to work the convicts committed to the county jail, and they shall employ a competent and suitable person to be known as foreman of county farm to superintend such convict farm and manage it and to work the convicts sentenced to the county jail thereon. The board of supervisors in each county shall also have full and complete authority to buy, or rent necessary mules or horses, tractors, farming tools and implements and all other necessary things incidental to the successful operation of such convict farm in such numbers and amounts as they may reasonably contemplate will be necessary to successfully operate such farm, having in view, first, the continuous employment of all the convicts able to work thereon at remunerative labor, and second, the operation of said farm in the most economical manner consistent with the continuous working of such convicts.

HISTORY: Codes, 1892, § 814; 1906, § 870; Hemingway’s 1917, § 4030; 1930, § 4060; 1942, § 7901; Laws, 1900, ch. 100; Laws, 1906, ch. 100; Laws, 1908, ch. 168.

Cross References —

Constitutional prohibition against hiring or leasing county convicts, see Miss. Const. Art. 10, § 226.

Taxation of county farm lying within drainage district, see §51-31-103.

JUDICIAL DECISIONS

1. In general.

The operation of a county convict farm is a governmental rather than a proprietary function and for that reason no tort liability lay against the county or the board of supervisors as an entity where negligence of the farm superintendent resulted in serious injuries to a minor prisoner, even though Code 1942, § 7904 specifically required the board of supervisors to establish all proper regulations for the working, guarding, and safekeeping of prisoners. Roberts v. Williams, 456 F.2d 819, 1971 U.S. App. LEXIS 10984 (5th Cir. Miss.), cert. denied, 404 U.S. 866, 92 S. Ct. 83, 30 L. Ed. 2d 110, 1971 U.S. LEXIS 1392 (U.S. 1971).

OPINIONS OF THE ATTORNEY GENERAL

Section 47-1-5 clearly gives a county board of supervisors sole authority to create, control, and maintain a county convict farm. Best, July 8, 1996, A.G. Op. #96-0343.

§ 47-1-7. Boards of supervisors of contiguous counties may own farm jointly; working prisoners in another county.

In any county where there are not a sufficient number of convicts to make it economically feasible for such county to own and operate a county convict farm as provided for by law, the board of supervisors of any such county may agree with the board of supervisors of any contiguous county to own and operate in common with such contiguous county, a county convict farm upon which prisoners of both such counties may be detained and required to work. In like manner the board of supervisors of any county in which there are not a sufficient number of convicts to make it economically feasible to own and operate a county convict farm, may make similar arrangements with any city, town or village within said county to own and operate said farm in connection with said city, town or village. In any county where there are not a sufficient number of convicts to make it economically feasible for such county to own a farm or to own and operate a farm with a contiguous county or with a city or town, the board of supervisors of such county may contract with the board of supervisors of any contiguous county or with any county in the same circuit or chancery court district, to have its prisoners worked by the contiguous county or counties in the same circuit or chancery court district upon payment made to the board of supervisors of such contiguous county or counties in the same circuit or chancery court district for the purpose of detaining and working such prisoners. The terms of such a contract are to be agreed upon by and between the two contracting boards and the same shall not be in violation of the law. Where the board of supervisors of one county so contracts to work convicts of another county, all the provisions of Sections 47-1-1 through 47-1-37, Sections 47-1-41, 47-1-45, 47-1-47, and 47-1-61, Mississippi Code of 1972, and Section 226 of the Constitution in regard to the working of convicts shall apply to the convicts contracted for as herein provided; and the name of the convict or convicts may be entered on the jail docket of the county contracting to detain and work the convict or convicts, together with all other information required by Section 47-1-21.

HISTORY: Codes, Hemingway’s 1917, § 4038; 1930, § 4062; 1942, § 7903; Laws, 1908, ch. 109; Laws, 1936, ch. 269; Laws, 1960, ch. 283.

RESEARCH REFERENCES

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 19-21, 23-25, 27, 28, 31, 32, 37, 42, 43, 46-49, 63, 97, 102.

§ 47-1-9. Convicts may be worked on public roads or other county public works.

In any county where it is clearly more advantageous to the county to work the county convicts or some of them on the public roads of the county, or on other works of the county exclusively public in their character, the board of supervisors shall have the authority so to order, and in such cases the board shall establish all proper regulations for the working, guarding, safekeeping, clothing, housing and subsistence of convicts while so working, and shall provide all the necessary equipment for such purpose. The board shall establish regulations for the discipline of convicts on said works, and on county farms, when a convict is persistently idle or refractory, and may enforce such regulations by penalties.

HISTORY: Codes, 1892, § 784; 1906, § 843; Hemingway’s 1917, § 4018; 1930, § 4063; 1942, § 7904; Laws, 1908, ch. 109.

Cross References —

Constitutional authority to work convicts on public roads, see Miss. Const. Art. 4, § 85.

Constitutional prohibition against hiring county convicts, see Miss. Const. Art. 10, § 226.

Leasing or hiring convicts unlawful, see §47-1-19.

Working of municipal prisoners, see §47-1-41.

Working state prisoners on certain roads, see §§47-5-129,47-5-131.

Use of offenders as servants prohibited, see §47-5-137.

Use of prisoners in county jails to pick up trash, see §§47-5-431 et seq.

Use of prisoners in county jails to maintain certain historic cemeteries and serve food in conjunction with nonprofit organizations, see §47-5-441.

Working public roads with county convicts, see §65-7-113.

JUDICIAL DECISIONS

1. In general.

The operation of a county convict farm is a governmental rather than a proprietary function and for that reason no tort liability lay against the county or the board of supervisors as an entity where negligence of the farm superintendent resulted in serious injuries to a minor prisoner, even though Code 1942, § 7904 specifically required the board of supervisors to establish all proper regulations for the working, guarding, and safekeeping of prisoners. Roberts v. Williams, 456 F.2d 819, 1971 U.S. App. LEXIS 10984 (5th Cir. Miss.), cert. denied, 404 U.S. 866, 92 S. Ct. 83, 30 L. Ed. 2d 110, 1971 U.S. LEXIS 1392 (U.S. 1971).

The superintendent of a county convict farm was negligent and liable in tort for his failure to instruct a trustee guard in the proper and safe handling of firearms, where the shotgun which the guard was carrying accidentally discharged and caused serious injuries to a minor prisoner. Roberts v. Williams, 456 F.2d 819, 1971 U.S. App. LEXIS 10984 (5th Cir. Miss.), cert. denied, 404 U.S. 866, 92 S. Ct. 83, 30 L. Ed. 2d 110, 1971 U.S. LEXIS 1392 (U.S. 1971).

Convict held entitled to credit of $1 for each day physically able and willing to work, although supervisors failed to furnish him work. Ex parte Jackson, 177 Miss. 509, 171 So. 545, 1937 Miss. LEXIS 138 (Miss. 1937).

OPINIONS OF THE ATTORNEY GENERAL

Based on Section47-1-9, as a general rule, county inmates may not be worked on private property, even if such work benefits the public. However, the Mississippi Emergency Management Law, codified at §33-15-1, et. seq., is an exception to the general rule if the governing authorities determine that an emergency exists and there is a need to use the services of prisoners to protect life or property. Price, December 13, 1996, A.G. Op. #96-0793.

Absent an emergency declaration, the use of county inmates for labor by the sheriff must be effected on projects “exclusively public in nature.” Waggoner, Nov. 30, 2001, A.G. Op. #01-0718.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 162 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 19-21, 23-25, 27, 28, 31, 32, 37, 42, 43, 46-49, 63, 97, 102.

§ 47-1-11. Convicts physically unable shall not be required to work.

If any convict committed to the county jail is physically unable to do any kind of manual labor, then, upon the certificate of the county health officer or physician designated by the board of supervisors of the county, to this effect, such convict shall not be required, during the period of such physical disability, to perform manual labor on the convict farm. But all convicts shall be required each day to do and perform such work as they are physically able to do and perform and which will not impair the health of such convict, or as is not inhumane to require of him.

HISTORY: Codes, 1930, § 4064; 1942, § 7905; Laws, 1908, ch. 109.

Cross References —

Credit for each day of imprisonment for convicts unable to work, see §41-1-47.

JUDICIAL DECISIONS

1. In general.

A sheriff is only a custodian of his prisoners and he cannot release any prisoner for the purpose of allowing the prisoner to seek treatment in a hospital. Hegwood v. State, 213 Miss. 693, 57 So. 2d 500, 1952 Miss. LEXIS 413 (Miss. 1952).

A prisoner who was convicted of unlawful possession of liquors and who was released by the sheriff to allow the prisoner to seek private hospital care, was an escapee and he was not entitled to credit upon his sentence for fine and costs for the time spent away from jail. Hegwood v. State, 213 Miss. 693, 57 So. 2d 500, 1952 Miss. LEXIS 413 (Miss. 1952).

Declaration against sheriff and surety for maltreatment of prisoner resulting in prisoner’s death, in that sheriff took deceased into custody knowing he was ill and placed him at work on public roads, held insufficient in not sufficiently charging that prevention of deceased’s wife from giving him food and medicine while in jail caused death and in not charging he did not have medical attention and wholesome food. State ex rel. Trigg v. West, 171 Miss. 203, 157 So. 81, 1934 Miss. LEXIS 205 (Miss. 1934).

RESEARCH REFERENCES

ALR.

Rights of prisoners under Americans with Disabilities Act and Rehabilitation Act. 163 A.L.R. Fed. 285.

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 176 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 19-21, 23-25, 27, 28, 31, 32, 37, 42, 43, 46-49, 63, 97, 102.

§ 47-1-13. By contract county may work under guard certain prisoners before indictment and conviction.

Any person being held in the county jail in default of bail to await trial, except those held for treason, murder, arson, or rape, and except such as the sheriff may deem it improper to let out, may on application to the sheriff of the county, be allowed to work on the county farm or on the public roads or other county public works as other convicts are worked and at the same wage. The board of supervisors shall settle with prisoners so working at their regular meetings monthly. But if it appears that it is not to the best interest of the county to work such prisoners, the board may decline at any time to employ them.

HISTORY: Codes, 1892, § 808; 1906, § 864; Hemingway’s 1917, § 4040; 1930, § 4068; 1942, § 7909.

JUDICIAL DECISIONS

1. In general.

Pretrial detainee’s failure to receive compensation for his work on private property, over and above compensation he actually received, did not constitute deprivation of cognizable property right under §§47-1-13 and47-1-21. Brooks v. George County, 84 F.3d 157, 1996 U.S. App. LEXIS 11455 (5th Cir. Miss.), cert. denied, 519 U.S. 948, 117 S. Ct. 359, 136 L. Ed. 2d 251, 1996 U.S. LEXIS 6445 (U.S. 1996).

The inmate showed no property interest or legal right for payment for the work that he performed while incarcerated for civil contempt so as to establish a deprivation of a property without due process of law under the Fourteenth Amendment because Miss. Code Ann. §47-1-13 required payment for work performed by pretrial detainees, and the inmate was not a pretrial detainee; further, Miss. Code Ann. §47-1-47 required credit for assessed fines and penalties based on work performed by those convicted of crimes, and the inmate was not working off an assessed fine or penalty. Carite v. Hinds County, 2006 U.S. Dist. LEXIS 50112 (S.D. Miss. July 21, 2006).

Pretrial detainee’s failure to receive compensation for his work on public private property constituted deprivation of cognizable property right under §§47-1-13 and47-1-21 whereby pretrial detainee who is permitted to work on public property must be paid same wages as other prisoners. Brooks v. George County, 84 F.3d 157, 1996 U.S. App. LEXIS 11455 (5th Cir. Miss.), cert. denied, 519 U.S. 948, 117 S. Ct. 359, 136 L. Ed. 2d 251, 1996 U.S. LEXIS 6445 (U.S. 1996).

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 178, 179.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 19-21, 23-25, 27, 28, 31, 32, 37, 42, 43, 46-49, 63, 97, 102.

§ 47-1-15. Deductions from sentence for efficient work.

Any convict working under the direction of the board of supervisors who renders efficient services and complies with all necessary rules and regulations may have deducted from the term of his imprisonment one-fourth (1/4) thereof.

HISTORY: Codes, 1892, § 783; 1906, § 842; Hemingway’s 1917, § 4017; 1930, § 4066; 1942, § 7907; Laws, 1908, ch. 109; Laws, 1932, ch. 199.

JUDICIAL DECISIONS

1. In general.

Where appellant was sentenced to consecutive four-year sentences for armed robbery and attempted armed robbery in May 2000, the court did not have authority to grant his motion for a reduction of sentence filed in October 2004; there was no question that the term during which the circuit court sentenced appellant expired in that four-year time period, and as such, the circuit court lacked authority to suspend his sentence. Walters v. State, 933 So. 2d 313, 2006 Miss. App. LEXIS 494 (Miss. Ct. App. 2006).

Former portion of statute which authorized the board of supervisors to commute one half of the term of imprisonment of a prisoner who was crippled or incapacitated was unconstitutional as an infringement upon the pardoning power vested in the governor. Whittington v. Stevens, 221 Miss. 598, 73 So. 2d 137, 1954 Miss. LEXIS 568 (Miss. 1954).

A sheriff is only a custodian of his prisoners and he cannot release any prisoner for the purpose of allowing the prisoner to seek treatment in a hospital. Hegwood v. State, 213 Miss. 693, 57 So. 2d 500, 1952 Miss. LEXIS 413 (Miss. 1952).

A prisoner who was convicted of unlawful possession of liquors and who was released by the sheriff to allow the prisoner to seek private hospital care, was an escapee and he was not entitled to credit upon his sentence for fine and costs for the time spent away from jail. Hegwood v. State, 213 Miss. 693, 57 So. 2d 500, 1952 Miss. LEXIS 413 (Miss. 1952).

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 218-221.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 19-21, 23-25, 27, 28, 31, 32, 37, 42, 43, 46-49, 63, 97, 102.

§ 47-1-17. When convict not credited with wages.

No convict shall be credited with any wages during the time of his or her escape; and if any convict escapes while being worked on a public road, or works or county farm, he or she may be pursued and retaken by any person, or officer authorized to make arrests, or board, or any one entitled to the custody or services of said convict; and when retaken such convict shall be required to work out the balance of his term of hire, not counting the period of such escape, even if the term of imprisonment and the time for which such convict was first hired had expired before the recapture. Such convict shall be liable to indictment for such escape and liable to the same punishment as for an escape from the custody of the county jail.

HISTORY: Codes, 1906, § 873; Hemingway’s 1917, § 4032; 1930, § 4067; 1942, § 7908; Laws, 1908, ch. 109; Laws, 1932, ch. 246.

Cross References —

Escape and recapture of county convicts, see §97-9-43.

RESEARCH REFERENCES

Am. Jur.

27A Am. Jur. 2d, Escape § 27.

CJS.

72 C.J.S., Prisons and Rights of Prisoners § 149.

§ 47-1-19. Leasing or hiring convicts unlawful; lawful public service work.

  1. It is unlawful for any county-housed state inmate or county prisoner or prisoners to be leased or hired to any individual or corporation for any purpose whatsoever. Nor shall they be worked under any contractor; but in working them on county farms, or on the public roads or on any other work, which work must be of an exclusively public character, they shall be under exclusive official control and management.
    1. It is lawful for a state, county or municipality to provide prisoners for public service work for nonprofit charitable organizations as defined under Section 501(c)(3) of the Internal Revenue Code if that nonprofit charitable organization provides food to charities. In addition, it is lawful for a state, county or municipality to provide prisoners for public service work for churches according to criteria approved by the Department of Corrections.
    2. The prisoners participating in the public service work under paragraph (a) shall remain under the exclusive control and management of the county or municipality.
    3. A prisoner performing public service work under this subsection shall be entitled to earned credits as provided under this chapter.

HISTORY: Codes, Hemingway’s 1917, §§ 4014, 4016; 1930, § 4057; 1942, § 7898; Laws, 1908, ch. 109; Laws, 1997, ch. 383, § 1; Laws, 2005, ch. 377, § 1; Laws, 2008, ch. 364, § 1, eff from and after July 1, 2008.

Amendment Notes —

The 2005 amendment substituted “It is unlawful for any county-housed state inmate” for “It shall be unlawful for any county prisoner or prisoners” in the first sentence of (1); and inserted “state” preceding “county or municipality” in (2)(a).

The 2008 amendment added the last sentence in (2)(a).

Cross References —

Constitutional prohibition against hiring county convicts, see Miss. Const. Art. 10, § 226.

Prisoners permitted to work on public roads or other public works, see §47-1-9.

Working of municipal prisoners, see §47-1-41.

Use of offenders as servants prohibited, see §47-5-431 et seq.

User of prisoners in county jails to pick up trash, see §§47-5-431 et seq.

Use of prisoners in county jails to maintain certain historic cemeteries and serve food in conjunction with nonprofit organizations, see §47-5-441.

Federal Aspects—

Section 501(c)(3) of the Internal Revenue Code, see 26 USCS § 501(c)(3).

OPINIONS OF THE ATTORNEY GENERAL

Miss. Code Section 47-1-19 prohibits agreement to hire out prisoners to HUD subcontractor. Best, Feb. 18, 1993, A.G. Op. #92-0940.

Prisoners may not generally be worked on private property, except a municipality may provide prisoners for public service work for nonprofit charitable organizations to provide food to charities, and prisoners may be worked on private property during emergency situations pursuant to the Mississippi Emergency Management Law. Pickens, July 3, 1997, A.G. Op. #97-0365.

A private corporation may not employ county prisoners to provide food services for the jail in which such prisoners are incarcerated even if such prisoners are compensated for such work. McWilliams, July 25, 1997, A.G. Op. #97-0437.

A county prisoner under the supervision and charge of the sheriff, may not, with the sheriff’s approval, wash and clean the private automobile of a constable that is used by the constable in the performance of his official duties. Manning, September 4, 1998, A.G. Op. #98-0542.

County inmates may not voluntarily perform work for private individuals on private property, such as personal automobiles or private land. Huffman, September 4, 1998, A.G. Op. #98-0547.

County prisoners may not be used to wash and clean vehicles owned by private citizens, even if for a nominal consideration. Griffith, November 25, 1998, A.G. Op. #98-0726.

A county board of supervisors is not authorized to include in a request for proposals to pick up and dispose of garbage any language regarding the county providing prisoners to pick up the garbage. Shepard, Feb. 18, 2000, A.G. Op. #2000-0069.

When a government official leases or hires out inmate labor to a private citizen or company, he is guilty of a violation of the statute. McLeod, March 17, 2000, A.G. Op. #2000-0142.

Absent an emergency declaration, the use of county inmates for labor by the sheriff must be effected on projects “exclusively public in nature.” Waggoner, Nov. 30, 2001, A.G. Op. #01-0718.

County inmates in the custody of the sheriff would not be allowed to work on properties of aa nonprofit charitable organization that does not provide food to charities. Griffith, Sept. 26, 2003, A.G. Op. 03-0496.

Whether or not any specific organization is a nonprofit charitable organization that provides food to charities is a factual determination that cannot be made by official opinion. Assuming that a County Community Action Program meets the requirements of this section, then the county inmates in the custody of the sheriff would be allowed to work on such properties. Griffith, Oct. 30, 2003, A.G. Op. 03-0567.

County inmates may not be allowed to perform “grass cutting” for any churches and/or nonprofit charitable organizations as defined under Section 501(c)(3) of the Internal Revenue Code. Meadows, Oct. 28, 2005, A.G. Op. 05-0422.

If it is determined that an organization that provides shelter for battered women and children has indeed obtained 501(c)(3) status as a nonprofit charitable organization, the sheriff can utilize county inmates for requested construction purposes, provided those inmates are under the exclusive control and management of the sheriff. Lawrence, Dec. 16, 2005, A.G. Op. 05-0618.

Section 47-1-19 does not establish work programs, but merely recognizes that inmates will be worked when sentenced to jail. Once sentenced to jail, it is up to the custodian of the jail to determine whether and when to work the inmate in a public service work program. Nowak, July 28, 2006, A.G. Op. 06-0268.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 176 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 19-21, 23-25, 27, 28, 31, 32, 37, 42, 43, 46-49, 63, 97, 102.

§ 47-1-21. Sheriff to keep a jail docket; what to contain.

The sheriff of each county shall keep a well bound alphabetical jail docket. In it he shall promptly enter under the proper initial the name, age, color and sex of each convict, the date of his or her commitment, each day worked on the county farm, time required to be served and amount of fine and costs and the jail fees charged against the prisoner and the date of discharge.

The sheriff shall submit his docket to the board of supervisors at each of their regular meetings, and the same shall be examined carefully by the president of the board, and by any other members who desire to examine the same, in the presence of the board while in session.

HISTORY: Codes, 1892, § 800; 1906, § 858; Hemingway’s 1917, § 4024; 1930, § 4071; 1942, § 7912; Laws, 1908, ch. 109.

Cross References —

Jail docket generally, see §19-25-63.

JUDICIAL DECISIONS

1. In general.

Pretrial detainee’s failure to receive compensation for his work on private property, over and above compensation he actually received, did not constitute deprivation of cognizable property right under §§47-1-13 and47-1-21. Brooks v. George County, 84 F.3d 157, 1996 U.S. App. LEXIS 11455 (5th Cir. Miss.), cert. denied, 519 U.S. 948, 117 S. Ct. 359, 136 L. Ed. 2d 251, 1996 U.S. LEXIS 6445 (U.S. 1996).

Pretrial detainee’s failure to receive compensation for his work on public private property constituted deprivation of cognizable property right under §§47-1-13 and47-1-21 whereby pretrial detainee who is permitted to work on public property must be paid same wages as other prisoners. Brooks v. George County, 84 F.3d 157, 1996 U.S. App. LEXIS 11455 (5th Cir. Miss.), cert. denied, 519 U.S. 948, 117 S. Ct. 359, 136 L. Ed. 2d 251, 1996 U.S. LEXIS 6445 (U.S. 1996).

OPINIONS OF THE ATTORNEY GENERAL

The jail docket may be computerized, but a copy should be printed and kept in a bound volume. Womack, Apr. 18, 2003, A.G. Op. 03-0176.

A sheriff’s public “Jail Docket” is for the purpose of maintaining a record of individuals housed on criminal charges. The identity of an individual housed because of a civil commitment due to mental or drug and alcohol proceedings is not required to be entered in the “Jail Docket,” and the sheriff may maintain a separate “Mental Commitment” docket. Maples, March 2, 2007, A.G. Op. #07-00073, 2007 Miss. AG LEXIS 77.

§ 47-1-23. The sexes to be kept separate.

It shall be unlawful for convicts of different sexes to be confined or worked together.

HISTORY: Codes, Hutchinson’s 1848, ch. 28, art. 3 (15); 1857, ch. 6, art. 131; 1871, § 237; 1880, § 3152; 1892, § 789; 1906, § 874; Hemingway’s 1917, §§ 4033, 4034; 1930, § 4072; 1942, § 7913; Laws, 1908, chs. 109, 169; Laws, 1968, ch. 552, § 3, eff from and after passage (approved April 29, 1968).

Cross References —

Constitutional authority for separation of the sexes in prisons, see Miss. Const. Art. 10, § 225.

Duty of sheriffs to provide separate rooms for the sexes, see §19-25-71.

Separation of sexes in municipal prisons, see §47-1-39.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 29, 30.

§ 47-1-25. Officers to have access to convicts.

Each county officer or officers, for any district of a county shall at all times have free access to convicts in the custody of any official for the purpose of investigating their condition and treatment. The sheriff or his deputies shall visit the convict camp or county farms where the convicts of his county are kept or worked at least once in every month and more often if necessary. He shall make a thorough inspection and investigation of the treatment of convicts and report the same in writing to the board of supervisors. For failure to perform duty in this respect the board of supervisors may fine the sheriff Twenty-five Dollars ($25.00).

HISTORY: Codes, 1892, § 799; 1906, § 857; Hemingway’s 1917, § 4023; 1930, § 4073; 1942, § 7914; Laws, 1908, ch. 109.

OPINIONS OF THE ATTORNEY GENERAL

When a convict has been placed on the county farm or road camp to work out a sentence, such convict comes under the immediate jurisdiction of the foreman or guard appointed by the board for that purpose and subject to the rules and regulations laid down by the board of supervisors. The sheriff loses direct control of the convict, but it is his duty, under the law, to keep up with the prisoners on such farms and in such camps in a supervisory way and see that they are being worked and treated in accordance with the regulations promulgated by the board. This appears to be the only duty imposed upon the sheriff by this section. Ops Atty Gen, 1933-35, p. 48.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 23, 24-28, 85, 87, 91.

24 Am. Jur. Proof of Facts 3d 467, Proof of Unconstitutional Prison Conditions.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 14, 24, 25, 59, 63-65, 68, 70, 79, 80, 116.

§ 47-1-27. Maltreatment forbidden.

An official, or guard, or other employee, having the custody of any county prisoner, or any official or employee of the county having custody of any county prisoner, who shall maltreat or abuse any such convict, or who shall knowingly permit the same to be done, or who being under duty to provide sufficient and wholesome food, clothing, shelter, bathing facilities, or medical attention to such convict, shall wilfully fail to furnish the same to such convict, shall be deemed guilty of a misdemeanor, and on conviction shall be fined in any sum not less than Ten Dollars ($10.00) nor more than Five Hundred Dollars ($500.00), or shall be imprisoned not less than one (1) month, or shall suffer both such fine and imprisonment, in the discretion of the court, and it shall be the duty of the judge of the circuit court of such county to so charge the grand jury.

HISTORY: Codes, 1906, § 877; Hemingway’s 1917, § 4035; 1930, § 4074; 1942, § 7915; Laws, 1896, ch. 88; Laws, 1908, ch. 109.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

JUDICIAL DECISIONS

1. In general.

In order to establish a violation of the cruel and unusual punishment clause based on a claim of excessive use of force by prison officers, a prisoner who shows unnecessary and wanton infliction of pain is not required to show serious injury, given that (a) the absence of serious injury, although relevant to the inquiry as to whether the use of force violated the Eighth Amendment, does not end that inquiry, and (b) contemporary standards of decency are always violated when prison officials maliciously and sadistically use force to cause harm, regardless of whether significant injury is evident. Hudson v. McMillian, 503 U.S. 1, 112 S. Ct. 995, 117 L. Ed. 2d 156, 1992 U.S. LEXIS 1372 (U.S. 1992).

Blows allegedly directed at the inmate by the security officers were not de minimis for Eighth Amendment purposes, and the extent of the inmate’s alleged injuries provided no basis for dismissal of the inmate’s claim against the officers under 42 USCS § 1983. Hudson v. McMillian, 503 U.S. 1, 112 S. Ct. 995, 117 L. Ed. 2d 156, 1992 U.S. LEXIS 1372 (U.S. 1992).

For purposes of establishing whether prison officials have inflicted unnecessary and wanton pain and suffering on a prisoner so as to violate the prisoner’s rights under the cruel and unusual punishment clause, where the officials are accused of using excessive physical force, the core judicial inquiry is whether force was applied (a) in a good-faith effort to maintain or restore discipline, or (b) maliciously and sadistically to cause harm. Hudson v. McMillian, 503 U.S. 1, 112 S. Ct. 995, 117 L. Ed. 2d 156, 1992 U.S. LEXIS 1372 (U.S. 1992).

Declaration against sheriff and surety for maltreatment of prisoner resulting in prisoner’s death, in that sheriff took deceased into custody knowing he was ill and placed him at work on public roads, held insufficient in not sufficiently charging that prevention of deceased’s wife from giving him food and medicine while in jail caused death and in not charging he did not have medical attention and wholesome food. State ex rel. Trigg v. West, 171 Miss. 203, 157 So. 81, 1934 Miss. LEXIS 205 (Miss. 1934).

A convict committed to a county convict farm cannot be whipped for discipline in the absence of authority from the board of supervisors for the infliction of such punishment, under Acts 1894 ch 76 §§ 23 and 24. Davis v. State, 81 Miss. 56, 33 So. 286, 1902 Miss. LEXIS 102 (Miss. 1902).

OPINIONS OF THE ATTORNEY GENERAL

Prisoners’ privileges of mail, telephone, visitation, access to law library and recreation are not addressed by state statute. Mullins, March 27, 1998, A.G. Op. #98-0159.

A sheriff may provide a meal from the county jail at no cost to the members of the grand jury as part of their inspection of the county jail. Caranna, April 21, 2000, A.G. Op. #2000-0207.

RESEARCH REFERENCES

ALR.

Reviewability before trial of order denying qualified immunity to defendant sued in state court under 42 USCS § 1983. 49 A.L.R.5th 717.

Attorney’s fees awards under § 803(d) of Prison Litigation Reform Act (42 U.S.C.S. § 1997e(d). 165 A.L.R. Fed. 551.

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 23 et seq.

22 Am. Jur. Trials 1, Prisoners' Rights Litigation.

24 Am. Jur. Proof of Facts 3d 467, Proof of Unconstitutional Prison Conditions.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 14, 24, 25, 26, 50, 59, 63-65, 68, 70, 79, 80, 116, 123, 124.

§ 47-1-29. Complaint of convicts investigated.

On complaint by or on behalf of any convict to any county or county district officer, that such convict had been improperly treated in any respect, it shall be the duty of such officer at once to investigate the complaint, and if it is believed to be well founded, to report the facts to the president of the board of supervisors, or to the board in session. Upon such report the board shall cite the person complained of to appear before it, and such action shall be taken by the board as shall be proper.

HISTORY: Codes, 1880, § 3180; 1892, § 798; 1906, § 856; Hemingway’s 1917, § 4022; 1930, § 4075; 1942, § 7916: Laws, 1908, ch. 109.

Cross References —

Judicial powers of board of supervisors, see §19-3-39.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 23 et seq., 181 et seq.

24 Am. Jur. Proof of Facts 3d 467, Proof of Unconstitutional Prison Conditions.

CJS.

72 C.J.S., Prisons and Rights of Prisoners § 127.

§ 47-1-31. Grand jury to examine records and treatment of prisoners.

Each grand jury which is impaneled shall examine the records of county prisoners and their treatment and condition and report the same to the court.

HISTORY: Codes, 1906, § 871; Hemingway’s 1917, § 4031; 1930, § 4076; 1942, § 7917; Laws, 1896, ch. 133; Laws, 1908, ch. 109; Laws, 1983, ch. 499, § 25, eff from and after July 1, 1983.

Cross References —

Personal inspection of county jail by grand jury, see §13-5-55.

RESEARCH REFERENCES

Am. Jur.

38 Am. Jur. 2d, Grand Jury §§ 25 et seq.

CJS.

38A C.J.S., Grand Juries §§ 88 et seq.

§ 47-1-33. Each convict to have evidence of term of sentence and amount of fine.

The sheriff on receiving each convict shall furnish such convict with a certificate showing the amount of the fine and costs, as far as the costs are then known, the beginning and length of his term of imprisonment. The convict shall be allowed to have and keep such certificate on or about his person, if he so desires.

HISTORY: Codes, 1892, § 806; 1906, § 862; Hemingway’s 1917, § 4027; 1930, § 4077; 1942, § 7918; Laws, 1908, ch. 109.

JUDICIAL DECISIONS

1. In general.

Convict manager cannot detain convict without warrant although there has been a conviction and sentence has not expired. Ex parte Moody, 104 Miss. 836, 61 So. 741, 1913 Miss. LEXIS 86 (Miss. 1913).

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 23-28.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17-21, 23-25, 128, 129.

§ 47-1-35. County farms operating at loss, disposition of.

  1. The board of supervisors of any county that now maintains and operates a county penal farm, commonly known as a “county farm,” which farm contains more than five hundred (500) acres and less than six hundred (600) acres of land, which said farm has been continuously operating at a loss to the county for a period of five (5) years or more, and provided said county contains at least four hundred (400) square miles of territory and less than four hundred twenty-five (425) square miles of territory within its boundaries, shall sell, at public sale after receiving bids as required by law for the letting of public contracts, to the highest and best bidder for cash, said county farm; provided, however, that the said board shall retain for the benefit of the county and shall reserve from said sale, at least one-half (1/2) of the mineral rights and interests in said lands, with full right in the said board, in its discretion, to lease said retained and reserved mineral interests and rights, to the highest and best bidder after receiving bids therefor in the same manner, at the same or any other time.
  2. Any and all amounts received from such sale of said lands and from such lease of said mineral interests or rights, shall be, on receipt by the board, applied to the payment of the bonded indebtedness of said county.

HISTORY: Codes, 1942, § 7901-01; Laws, 1946, ch. 312, §§ 1, 2, eff December 31, 1946.

Cross References —

Authority of board of supervisors to buy or lease land for county farm, see §47-1-5.

§ 47-1-37. Board of supervisors may hire additional labor to work on county farm.

In the cultivation of crops and the gathering thereof if it shall appear necessary, from the lack of convict labor, the board of supervisors may employ free labor at current prices to work on a county convict farm until such time as the convict labor may become sufficient to complete and gather the crops started on such a farm, and pay for the same out of the county treasury.

HISTORY: Codes, 1906, § 878; Hemingway’s 1917, § 4036; 1930, § 4061; 1942, § 7902; Laws, 1902, ch. 64; Laws, 1908, ch. 109.

§ 47-1-39. Municipal prison and prisoners; municipality to pay expenses of jail officer education courses.

  1. The governing authorities of municipalities shall have the power to construct and maintain a municipal prison, and to regulate the keeping of the same and the prisoners therein, and to contract with the board of supervisors, which is empowered in the premises, for the use of the county jail by the municipality; and to provide for the working of the streets by municipal prisoners, and to contract with the county for such work by county prisoners or the working of county roads by municipal prisoners, or for working same on the county farms. Municipal prisoners shall be worked on county roads or county farms only in the county in which the municipality is situated. Males and females shall be confined in separate cells or compartments.
  2. The municipality shall pay the tuition, living and travel expenses incurred by a person attending and participating in the basic and continuing education courses for jail officers.

HISTORY: Codes, 1892, § 2954; 1906, § 3345; Hemingway’s 1917, § 5842; 1930, § 2421; 1942, § 3374-135; Laws, 1950, ch. 491, § 135; Laws, 1964, ch. 543; Laws, 1968, ch. 552, § 1; Laws, 1973, ch. 319, § 2; Laws, 2000, ch. 515, § 12, eff from and after July 1, 2000.

Cross References —

Separation of sexes, see §47-1-23.

Jail owned jointly by county and municipality, see §§47-1-49 et seq.

Residency of prisoner as affected by incarceration in facility of Department of Corrections, see §47-1-63.

JUDICIAL DECISIONS

1. In general.

Where defendant pleaded guilty for unlawful possession of intoxicating liquors in violation of municipal ordinance and received suspended sentence, the order revoking the suspended sentence of thirty days in county jail and providing that defendant should be committed to sheriff to serve sentence in county jail was not proper. Gage v. State, 219 Miss. 338, 68 So. 2d 417, 1953 Miss. LEXIS 393 (Miss. 1953).

Municipality held not liable for injury to prisoner, because of being forced to work on streets while shackled and chained. Warren v. Booneville, 151 Miss. 457, 118 So. 290, 1928 Miss. LEXIS 322 (Miss. 1928).

Under this section, Code 1942 § 3374-135, a city is not obliged to maintain its own jail, but may dispose of its prisoners in other ways. Marshall v. Mayor, etc., of Meridian, 103 Miss. 206, 60 So. 135, 1912 Miss. LEXIS 153 (Miss. 1912).

OPINIONS OF THE ATTORNEY GENERAL

City that arrests persons through its municipal police department must either house them in its own city jail or enter into contract with county board of supervisors to house city prisoners in county jail; sheriff may be required to accept persons sentenced to jail by city court only if city has contract with board of supervisors for such. Brown, July 29, 1992, A.G. Op. #92-0561.

City is responsible for paying medical expenses of city prisoners housed in city jail, as long as they remain city prisoners; in felony cases, prisoner remains city prisoner until he waives preliminary hearing or is bound over to grand jury. Brewer, Oct. 7, 1992, A.G. Op. #92-0532.

Sheriff may work municipal prisoners on county work crew only if municipality has contract with county which provides that sheriff may work municipal prisoners on county work crew. McGrew, Jan. 12, 1994, A.G. Op. #93-0966.

County may refuse to accept municipal prisoners in absence of agreement between county and municipality. Crawford, March 31, 1994, A.G. Op. #94-0187.

A municipality may provide meals for county prisoners working on city streets pursuant to a contract between the city and the county executed pursuant to Section 47-1-39. Gale, March 1, 1995, A.G. Op. #95-0053.

A municipality may furnish labor and all equipment necessary to install water/sewer lines and electrical services for a jail under an interlocal agreement as long as the municipality receives adequate consideration under the terms of the agreement. See Sections 17-5-1 and 21-17-1. Doty, December 13, 1995, A.G. Op. #95-0834.

The board of supervisors of a county is granted sole authority to contract with a municipality for the housing of municipal prisoners and the sheriff is bound thereby; the sheriff may be required to accept persons sentenced to jail by the city court only if the city has a contract with the board of supervisors for such. Richardson, June 12, 1998, A.G. Op. #98-0291.

A city may contract with a county regional correctional facility through the county board of supervisors to house city inmates and provide guard service for inmate work crews for the working of streets and other municipal projects in the city by entering into an interlocal agreement under the provisions of the Interlocal Cooperation Act of 1974. Inmate work crews would have to consist of municipal inmates from the city or county inmates if the board of supervisors has authorized such work under Section 47-1-9. Any guard that is employed by the facility to oversee such work crews would have to be deputized by the county sheriff. Putman, Aug. 19, 2005, A.G. Op. 05-0410.

A county board of supervisors is, by Section 47-1-39, granted sole authority to contract with a municipality for the housing of municipal prisoners and the sheriff is bound thereby. The sheriff may then accept persons sentenced to jail by the city court only if the city has a contract with the board for such. However, the county jail would not be allowed to house prisoners of a city, located outside of the county, unless an interlocal agreement is formed between the county and city pursuant to Sections 17-13-1 et seq. Kemp, Mar. 17, 2006, A.G. Op. 06-0072.

A sheriff is only required to accept municipal prisoners in the county jail if the municipality has a contract with the board of supervisors to house that municipality’s prisoners. In addition, a board of supervisors is not required to enter into a contract with a municipality for the housing of the municipality’s prisoners. Tanner, Oct. 13, 2006, A.G. Op. 06-0504.

Where a preliminary hearing is provided to a defendant charged for a felony and held as a municipal prisoner, the defendant should be bound over to a grand jury and thereby become a county prisoner after the hearing, if the judge so determines. Wiggins, March 2, 2007, A.G. Op. #07-00075, 2007 Miss. AG LEXIS 78.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 176 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 19-21, 23-25, 27, 28, 31, 32, 37, 42, 43, 46-49, 63, 97, 102.

§ 47-1-41. Working of municipal prisoners.

  1. Any person convicted of violating any ordinance of any city, town or village in this state and sentenced to pay a fine and costs therefor, and failing to do so, may be worked on the streets or other public works of the municipality in the custody of the street commissioner, or other person designated by the mayor and board of aldermen, or councilmen of such municipality and at its expense, and shall receive credit on such fine and costs as provided in Section 99-19-20 for each day so worked, and such municipality shall accord the same treatment to its convicts that is required by this chapter to county convicts. The responsibility of carrying out the provisions of this section shall devolve on the mayor and board of aldermen or board of councilmen of each municipality with reference to its convicts. In the event it is, in the judgment of the ruling authorities of any village in the state or of any small town in the state, unprofitable to work the convicts as above provided, then such village or town may contract with the board of supervisors of the county at the best price and take and work such convicts on the county farm, but the convict shall receive credit at the rate provided in Section 99-19-20 for each day worked.
  2. If a convict is unable to work or if the city, town or village is unable to provide work for the convict, the convict shall receive the credit provided in Section 99-19-20 for each day of confinement.

HISTORY: Codes, 1880, § 3185; 1892, § 813; 1906, § 869; Hemingway’s 1917, § 4029; 1930, § 4069; 1942, § 7910; Laws, 1918, ch. 154; Laws, 2010, ch. 492, § 2, eff from and after passage (approved Apr. 7, 2010.).

Amendment Notes —

The 2010 amendment added the (1) designation, and therein, in the first sentence, substituted “may be worked” for “shall be worked,” substituted “Section 99-19-20” for “Section 47-1-47,” and in the last sentence, substituted “shall receive credit at the rate provided in Section 99-19-20 for each day worked” for “shall receive credit of one dollar ($1.00) per day for each day worked, although the county may not agree to pay so much”; and added (2).

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 176 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 19-21, 23-25, 27, 28, 31, 32, 37, 42, 43, 46-49, 63, 97, 102.

§ 47-1-43. Keeping of county offenders in municipal jails pending trial.

The board of supervisors of any county and the governing authorities of any municipality located within such county are hereby authorized to enter into agreements providing for the keeping of persons arrested for offenses committed within the county in which such municipality is located in the jail facilities of such municipality pending trial of such person. Such agreements may provide for the payment to the municipality by the board of supervisors from any available funds of the county of a sum not to exceed Five Dollars ($5.00) for each day or part thereof during which an offender may be confined in the jail of the municipality.

HISTORY: Codes, 1942, § 3374-135.5; Laws, 1968, ch. 288, § 1, eff from and after passage (approved March 27, 1968).

Cross References —

Residency of prisoner as affected by incarceration in facility of Department of Corrections, see §47-1-63.

§ 47-1-45. Board of supervisors may agree with municipalities of the county on terms of working municipal convicts.

The board of supervisors of each county is authorized to make contract with any village or small town within the county to work its convicts on the county farm. But in agreeing to take and work such convicts the board of supervisors shall not agree to pay more per day for the labor of any municipal convict than in its judgment the labor of such convict is worth to the county, in order that in the working of such municipal convicts the county shall not do so at a loss to the county.

HISTORY: Codes, 1880, § 3185; 1892, § 813; 1906, § 869; Hemingway’s 1917, § 4029; 1930, § 4070; 1942, § 7911; Laws, 1918, ch. 154.

RESEARCH REFERENCES

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 19-21, 23-25, 27, 28, 31, 32, 37, 42, 43, 46-49, 63, 97, 102.

§ 47-1-47. Credit allowed for labor of convicts; treatment.

  1. Every county or municipal convict shall be comfortably clothed at the expense of the county or municipality, but all clothing furnished shall remain the property of the county or municipality, and shall be thoroughly fumigated and disinfected before being allotted to a convict after having been used by another, and every convict shall be sufficiently fed, to maintain his body and induce his good health, with substantial and suitable food to be furnished and prepared and paid for by the county or municipality. Every convict, for each day’s work he is required to do, shall receive credit on his fine and costs assessed against him at the rate provided under Section 99-19-20, until such fine and costs are fully paid. In case the convict is serving a sentence of imprisonment, each day that he works in serving such sentence shall entitle him credit for equal time on his sentence of imprisonment, but in no instance shall a convict receive credit on the fine and costs and on the time sentenced to imprisonment for the same work. No convict shall be allowed to labor more than eight (8) hours per day, but shall be required, when able, to perform eight (8) hours labor each day.
  2. If a convict is unable to work or if the county or the municipality is unable to provide work for the convict, the convict shall receive the credit provided in Section 99-19-20 for each day of imprisonment.

HISTORY: Codes, 1892, § 786; 1906, § 845; Hemingway’s 1917, § 4020; 1930, § 4065; 1942, § 7906; Laws, 1908, ch. 109; Laws, 1954, ch. 243; Laws, 1979, ch. 501, § 2; Laws, 2010, ch. 492, § 3, eff from and after passage (approved Apr. 7, 2010.).

Amendment Notes —

The 2010 amendment added the (1) designation, and therein, in the second and third sentences, made minor stylistic changes, and in the second sentence, substituted “costs assessed against him at the rate provided under Section 99-19-20” for “costs assessed against him of ten dollars ($10.00) per day”; and added (2).

Cross References —

Enforcement of sentence, see §47-1-1.

Convicts physically unable not required to work, see §47-1-11.

Medical aid for prisoners, see §47-1-57.

Removal of prisoners in case of infectious disease, see §§47-3-7,47-3-9.

Clothing for persons working on state highway projects, see §65-1-8.

Authority for use of persons convicted of an offense for work on state highway projects, see §65-1-8.

JUDICIAL DECISIONS

1. In general.

The inmate showed no property interest or legal right for payment for the work that he performed while incarcerated for civil contempt so as to establish a deprivation of a property without due process of law under the Fourteenth Amendment because Miss. Code Ann. §47-1-13 required payment for work performed by pretrial detainees, and the inmate was not a pretrial detainee; further, Miss. Code Ann. §47-1-47 required credit for assessed fines and penalties based on work performed by those convicted of crimes, and the inmate was not working off an assessed fine or penalty. Carite v. Hinds County, 2006 U.S. Dist. LEXIS 50112 (S.D. Miss. July 21, 2006).

Incarceration of indigent for involuntary failure to pay fine and court costs which extend the total term of imprisonment beyond the maximum period prescribed by state law for the offense creates invidious discrimination based on ability to pay and is violative of the equal protection clause of the Fourteenth Amendment. Wade v. Carsley, 433 F.2d 68, 1970 U.S. App. LEXIS 6973 (5th Cir. Miss. 1970).

Although incarceration beyond the maximum imprisonment prescribed by the state law for a particular offense for involuntary failure to pay a fine and court costs is violative of the Federal Constitution, the state can institute methods, other than incarceration, to enforce the collection of the remaining portion of the fine. Wade v. Carsley, 433 F.2d 68, 1970 U.S. App. LEXIS 6973 (5th Cir. Miss. 1970).

OPINIONS OF THE ATTORNEY GENERAL

Miss. Code Section 47-1-47 provides that, for each day’s work convict is required to do, convict shall receive credit of $10 per day, until convict’s fine and costs are fully paid. Simmons, Jan 11, 1993, A.G. Op. #92-0988.

Where inmate is physically willing and able to work, inmate is entitled to credit against fine and cost in amount of $10 per day, until such fine and cost are fully paid. Stewart, May 20, 1993, A.G. Op. #93-0255.

Prisoners’ privileges of mail, telephone, visitation, access to law library and recreation are not addressed by state statute. Mullins, March 27, 1998, A.G. Op. #98-0159.

Where a defendant owes a $250.00 fine but refuses to pay it, he can be sent to jail under §99-19-20(2); however, that statute limits the jail time to 10 days (one day for each $25.00 of the fine). If the defendant chooses to work during those 10 days, his fine will be reduced by $10.00 a day under this section. At the end of the 10 days, the defendant must be released. However, he will still owe $150.00 in fines. Thornton, May 29, 1998, A.G. Op. #98-0306.

A defendant who is jailed for not paying criminal fines is entitled to receive a credit against such fine of ten dollars per day under this section for each day that he works or is willing and able to work; this credit would be applied to both fines and assessments. Note that under Section 99-19-20 jail time may not exceed one day for each twenty-five dollars of the fines owed by the defendant. Strahan, July 7, 2003, A.G. Op. 03-0321.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 218-221.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 19-21, 23-25, 27, 28, 31, 32, 37, 42, 43, 46-49, 63, 97, 102 et seq.

Law Reviews.

1979 Mississippi Supreme Court Review: Criminal Law and Procedure. 50 Miss. L. J. 763, December 1979.

§ 47-1-49. Control over jails owned jointly by municipalities and counties.

In the case of a jail owned jointly by a county and municipality, under the provisions of Section 17-5-1, the governing authorities of the county and municipality are hereby vested with full and complete authority, jurisdiction and control over such jointly owned jail facility and the governing authority of the municipality may appoint a jailer who shall be responsible for all municipal prisoners lodged in said jail in the same manner in which the sheriff is responsible for state prisoners, and such jailer shall have the same right of access to the jail as the sheriff.

HISTORY: Codes, 1857, ch. 6, art. 136; 1871, § 242; 1880, § 342; 1892, § 4132; 1906, § 4684; Hemingway’s 1917, § 3101; 1930, § 3331; 1942, § 4256; Laws, 1966, ch. 369, § 1, eff from and after passage (approved May 6, 1966).

Cross References —

Penalty for injuring or destroying any property of jail, see §97-17-39.

JUDICIAL DECISIONS

1. In general.

Since the functions of the sheriff are confined to his own county, except in the case of the pursuit of an escaping offender, there can be no recovery on a sheriff’s bond for the alleged unlawful treatment of one accused of crime apprehended in another state where such treatment and the event complained of occurred in such other state. McLean v. Mississippi, 96 F.2d 741, 1938 U.S. App. LEXIS 3552 (5th Cir. Miss.), cert. denied, 305 U.S. 623, 59 S. Ct. 84, 83 L. Ed. 399, 1938 U.S. LEXIS 805 (U.S. 1938), disapproved, Neirbo Co. v. Bethlehem Shipbuilding Corp., 308 U.S. 165, 60 S. Ct. 153, 84 L. Ed. 167, 1939 U.S. LEXIS 77 (U.S. 1939).

RESEARCH REFERENCES

Am. Jur.

70 Am. Jur. 2d, Sheriffs, Police, and Constables §§ 30, 31.

CJS.

80 C.J.S., Sheriffs and Constables §§ 51-53.

§ 47-1-51. Jointly owned jails; jail supplies.

The jailer of a jail jointly owned by a county and a municipality shall, in regard to municipal prisoners, provide daily wholesome and sufficient food and drink, fire and lights when necessary and proper, and sufficient and clean bedding for all such prisoners committed to the jail, either before or after conviction. Any prisoner may, if he thinks fit, supply himself with meat and drink and bedding, but the same shall pass through the hands of the jailer to the prisoner.

HISTORY: Codes, Hutchinson’s 1848, ch. 28, art. 3 (15); 1857, ch. 6, art. 131; 1871, § 237; 1880, § 343; 1892, § 4136; 1906, § 4687; Hemingway’s 1917, § 3104; 1930, § 3334; 1942, § 4259; Laws, 1896, p. 153; Laws, 1966, ch. 369, § 2; Laws, 1968, ch. 552, § 2, eff from and after passage (approved April 29, 1968).

Cross References —

Personal inspection of jail by grand jury, see §13-5-55.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 181-185.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 19-21, 23-25, 27, 28, 31, 32, 37, 42, 43, 46-49, 63, 97, 102.

§ 47-1-53. [Reserved].

In the case of a jail jointly owned by a county and a municipality, the circuit judge in the district in which such jail is located, upon the request and recommendation of either the sheriff of the county or the marshal or chief of police of the municipality involved in the joint ownership, may authorize additional jail guards in cases of emergency and the cost thereof shall be paid in equal proportions by the county and municipality involved.

HISTORY: Codes, Hutchinsons’s 1848, ch. 28, art. 6(31); 1857, ch. 6, art. 135; 1871, § 241; 1880, § 344; 1892, § 4138; 1906, § 4689; Hemingway’s 1917, § 3106; 1930, § 3336; 1942, § 4261; Laws, 1966, ch. 369, § 4, eff from and after passage (approved May 6, 1966).

Cross References —

Additional guards for county jails, see §19-25-75.

Removal of prisoners to jail of another county, see §§47-3-1 et seq.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions § 216.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 4, 5.

§ 47-1-57. Furnishing of medical aid to prisoners; nurse screening for county prisoner for nonemergency medical complaints.

  1. When any person confined in jail shall be in need of medical or surgical aid, the sheriff shall immediately examine the condition of such prisoner and, if he is of the opinion that the prisoner needs such aid, he shall call in a nurse or physician to attend him. If the prisoner be unable to pay the cost, the account of the nurse or physician, when allowed and certified as required in respect to accounts of sheriffs for keeping prisoners, shall be paid, in like manner, out of the treasury of the county in which a prisoner is charged with the crime for which he is imprisoned. The board of supervisors may contract with a physician for the jail by the year.
  2. The board of supervisors of any county may authorize the sheriff to establish a program under which prisoners expressing the need for non-emergency medical attention will have access to a registered nurse who will evaluate their condition and determine the necessity for treatment by a physician. Charges for such a visit with a registered nurse shall be paid by the prisoner by deductions made by the sheriff out of any funds of the prisoner held by the sheriff or in any other manner satisfactory to the sheriff; however, such prisoner shall not be required to pay out of funds of the prisoner held by the sheriff, more than Ten Dollars ($10.00) per visit. If the prisoner is unable to pay the cost, the cost shall be paid out of the county treasury in the same manner as provided for payment of other medical costs in subsection (1) of this section.

HISTORY: Codes, Hutchinson’s 1848, ch. 28, art. 8; 1857, ch. 6, art. 132; 1871, § 238; 1880, § 345; 1892, § 4139; 1906, § 4690; Hemingway’s 1917, § 3107; 1930, § 3337; 1942, § 4262; Laws, 1940, ch. 262; Laws, 1956, ch. 194; Laws, 1994, ch. 642, § 1, eff from and after passage (approved April 8, 1994).

Cross References —

Personal inspection of health of prisoners by grand jury, see §13-5-55.

General treatment of prisoners, see §47-1-47.

Removal of prisoners in case of infectious disease, see §§47-3-7,47-3-9.

JUDICIAL DECISIONS

1. In general.

A complaint that a physician has been negligent in diagnosing or treating a prisoner’s medical condition does not state a valid claim of medical mistreatment under the Eighth Amendment. Medical malpractice does not become a constitutional violation merely because the victim is a prisoner. In order to state a cognizable claim, a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs. It is only such indifference that can offend “evolving standards of decency” in violation of the Eighth Amendment. McFadden v. State, 542 So. 2d 871, 1989 Miss. LEXIS 65 (Miss. 1989).

Where neither the sheriff nor the jailer ever examined the prisoner to form an opinion as to whether he did or did not need medical aid, the sheriff was not relieved from liability for death of prisoner who was suffering from ulcers, on the ground that the sheriff was acting in judicial capacity. Farmer v. State, 224 Miss. 96, 79 So. 2d 528, 1955 Miss. LEXIS 465 (Miss. 1955).

This section [Code 1942, § 4262], has no application to a case where a prisoner, shot by a deputy sheriff while attempting to escape, is carried to his mother’s house and is there treated by a physician procured by the sheriff at the suggestion of the circuit judge. Gray v. Coahoma County, 72 Miss. 303, 16 So. 903, 1894 Miss. LEXIS 118 (Miss. 1894).

OPINIONS OF THE ATTORNEY GENERAL

Nothing prohibits the county from submitting a claim to an insurance carrier for the costs incurred by an inmate who has insurance. Fortier, Aug. 30, 2002, A.G. Op. #02-0490.

Sheriffs are required to provide reasonable and necessary dental aid to prisoners suffering from illnesses or injuries which dental assistance would alleviate; however, sheriffs are not required to provide routine dental work for prisoners. McLean, May 3, 1991, A.G. Op. #91-0298.

Sheriffs are required to provide reasonable medical care for serious pre-existing illnesses and injuries of prisoners and detainees. McLean, May 3, 1991, A.G. Op. #91-0298.

Pursuant to Section 47-1-57 the board of supervisors may contract with a physician for the jail and the sheriff must use that physician. The funds used to pay for such a physician should come from the county general fund. However, the cost of the contract should not be borne by the sheriff’s budget unless funds are included in the budget for the contract as for medical expenses covered by the contract. Pope, October 11, 1996, A.G. Op. #96-0654.

Municipalities are liable for health care and hospitalization costs of indigent prisoners with preexisting medical conditions. Davies, March 20, 1998, A.G. Op. #98-0095.

The responsibility for medical expenses incurred by a municipal prisoner lies with the prisoner; if the prisoner is determined indigent and unable to pay his medical expenses, then the municipality has the responsibility for those medical costs. Absent an agreement to the contrary, the responsibility for the medical costs of a municipal prisoner housed in the county jail remains with the municipality. Davis, December 18, 1998, A.G. Op. #98-0741.

If a prisoner is unable to pay medical costs, the municipality should pay such costs. If the municipality determines that the prisoner is able to pay for the medical treatment, it may seek reimbursement by civil suit. Miller, Aug. 20, 2004, A.G. Op. 04-0387.

A governmental entity is not responsible for the medical care of an individual who is no longer in the custody of that entity. As a former inmate is no longer in custody, a governmental entity is not responsible for their medical care. Parker, Sept. 17, 2004, A.G. Op. 04-0444.

RESEARCH REFERENCES

ALR.

Right of state prison authorities to administer neuroleptic or antipsychotic drugs to prisoner without his or her consent – state cases. 75 A.L.R.4th 1124.

Malpractice in diagnosis or treatment of meningitis. 51 A.L.R.5th 301.

Provision of Hormone Therapy or Sexual Reassignment Surgery to State Inmates with Gender Identity Disorder (GID). 89 A.L.R.6th 701.

Relief under Federal Civil Rights Acts to state prisoners complaining of denial of medical care. 28 A.L.R. Fed. 279.

Constitutional right of prisoners to abortion services and facilities – federal cases. 90 A.L.R. Fed. 683.

Federal constitutional and statutory claims by HIV-positive inmates as to medical treatment or conditions of confinement. 162 A.L.R. Fed. 181.

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions § 99.

22 Am. Jur. Trials 1, Prisoners' Rights Litigation.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 78 et seq.

§ 47-1-59. Hospitalization of prisoners; expenses.

  1. When the sheriff, marshal or any other peace officer of this state has in his lawful custody a prisoner who, through accident, injury or illness, is in need of hospitalization, such officer may take such prisoner to the nearest hospital in the county or if there be no hospital in that county, to the nearest hospital in an adjacent county and if upon arrival at such hospital any physician licensed to practice medicine in this state certifies that in his opinion such prisoner is in need of hospitalization, such prisoner shall be hospitalized in such hospital for as long as in the opinion of such physician it is necessary to so hospitalize such prisoner. If, in the opinion of the sheriff or other peace officer having custody of such prisoner at the time he is delivered to the aforesaid hospital, or in the opinion of the director of the university hospital if the prisoner be brought to that institution, it is necessary that he be placed under guard while a patient at such hospital, the sheriff of the county in which the crime he was placed in custody for committing was alleged to have taken place, shall furnish the aforesaid guard. When the aforesaid physician or other reputable physician shall certify that hospitalization no longer is needed, the prisoner shall be returned to the original place of detention.
  2. The actual expense of guarding the prisoner in the hospital shall be paid out of the general funds of the county where the prisoner was originally confined or arrested. The expense contracted incident to the hospitalization aforesaid shall be paid by the prisoner; otherwise he may be hospitalized as a state aid patient. However, if the prisoner is ineligible for state aid or the amount available for hospitalization as a state aid patient is inadequate to pay all such hospital expense of a prisoner who is financially unable to pay his own expenses, the board of supervisors of the county where the prisoner was originally confined or arrested shall, upon presentation of the certificate of the physician certifying that said prisoner was in need of hospitalization, pay from the general funds of the county the reasonable and customary charges for such services or as much thereof as is not paid by state aid. Any such payment to a hospital shall be discretionary with the board of supervisors if its county supports the hospital involved by a special tax levy for its operation and maintenance.

HISTORY: Codes, 1942, § 4262.5; Laws, 1954, ch. 245, §§ 1, 2; Laws, 1956, ch. 310; Laws, 1964, ch. 369, § 1; Laws, 1966, ch. 370, § 1; Laws, 1971, ch. 401, § 1, eff from and after passage (approved March 23, 1971).

JUDICIAL DECISIONS

1. In general.

County was not entitled to a dismissal of a health care provider’s reimbursement claim for a prisoner’s medical expenses under Miss. Code Ann. §47-1-59 because such claims were separate and distinct from the state’s law related to sovereign immunity and the claims were not implied contractual claims subject to immunity under Miss. Code Ann. §11-46-3. Vuncannon v. United States, 650 F. Supp. 2d 577, 2009 U.S. Dist. LEXIS 52190 (N.D. Miss. 2009).

In an action to recover on a promissory note, where the plaintiff attempted to convert its cause of action, by way of motion for summary judgment, from a suit on a promissory note to one for relief under §47-1-59, such a change could not be accomplished in this manner and the proper procedure was for the plaintiff to amend its bill of complaint to allege that a cause of action existed under §47-1-59. Pearl River County Bd. of Supervisors v. South East Collections Agency, Inc., 459 So. 2d 785, 1984 Miss. LEXIS 1977 (Miss. 1984).

OPINIONS OF THE ATTORNEY GENERAL

Based on Section 47-1-59, a suspect who is in the custody of a law enforcement agency and needs medical attention has the responsibility for paying for his own medical bills. If the suspect is indigent and cannot pay his own medical bills, then he should be treated as a state aid patient. If the suspect does not qualify for state aid or state aid does not cover the full medical expenses, then the county board of supervisors is responsible for such medical expenses. Jones, November 22, 1996, A.G. Op. #96-0785.

Municipalities are liable for health care and hospitalization costs of indigent prisoners with preexisting medical conditions. Davies, March 20, 1998, A.G. Op. #98-0095.

The responsibility for medical expenses incurred by a municipal prisoner lies with the prisoner; if the prisoner is determined indigent and unable to pay his medical expenses, then the municipality has the responsibility for those medical costs. Absent an agreement to the contrary, the responsibility for the medical costs of a municipal prisoner housed in the county jail remains with the municipality. Davis, December 18, 1998, A.G. Op. #98-0741.

A governmental entity is not responsible for the medical care of an individual who is no longer in the custody of that entity. As a former inmate is no longer in custody, a governmental entity is not responsible for their medical care. Parker, Sept. 17, 2004, A.G. Op. 04-0444.

RESEARCH REFERENCES

ALR.

Right of state prison authorities to administer neuroleptic or antipsychotic drugs to prisoner without his or her consent – state cases. 75 A.L.R.4th 1124.

Provision of Hormone Therapy or Sexual Reassignment Surgery to State Inmates with Gender Identity Disorder (GID). 89 A.L.R.6th 701.

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 99, 217.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 78 et seq., 136, 140.

§ 47-1-61. Penalty for failure to discharge convict.

Any sheriff or other person having lawful custody of any convict who shall fail to discharge such convict when he shall have served the full time of his sentence and fully paid his fine and the costs charged against him, shall be guilty of a misdemeanor and punished accordingly.

HISTORY: Codes, 1892, § 807; 1906, § 863; Hemingway’s 1917, § 4028; 1930, § 4078; 1942, § 7919; Laws, 1908, ch. 109.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 19-21.

CJS.

72 C.J.S., Prisons and Rights of Prisoners § 153.

§ 47-1-63. Residency of prisoner as affected by incarceration in facility of Department of Corrections.

No person shall be deemed to be a resident of a county solely because of being incarcerated in a facility under the jurisdiction of the Department of Corrections that is located in such county.

HISTORY: Laws, 1991, ch. 440, § 3, eff from and after May 1, 1992 (the date the United States Attorney General interposed no objection to the addition of this section).

Editor’s Notes —

The United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the addition of this section by Laws of 1991, ch. 440, § 3, on May 1, 1992.

OPINIONS OF THE ATTORNEY GENERAL

An inmate housed in a jail or other local detention facility may not use that facility or jail as his residence for voter registration purposes; an inmate who has not been convicted of a crime that disqualifies him from voting, may register by mail in the county in which he resided immediately prior to his incarceration. Scott, Oct. 27, 2000, A.G. Op. #2000-0644.

Inmates under the jurisdiction of the Mississippi Department of Corrections should not be used in determining the population of county supervisor districts for redistricting purposes by virtue of their temporary presence in a detention facility or jail in the county, unless their actual place of residence is also in the county. Johnson, Feb. 22, 2002, A.G. Op. #02-0060.

§ 47-1-55. Jointly owned jails; guards.

Chapter 3. Removal of Prisoners

§ 47-3-1. Removal to jail of another county.

When the accused is not entitled to bail, or where he fails to give bail, and there is no county jail or the jail of the county in which the offense is committed, or where the case stands for trial is, in the opinion of the committing officer or of the court having jurisdiction of the case or of the presiding judge, insufficient for the accommodation of the prisoners, or where the judge having jurisdiction of the case shall think it expedient, on grounds of public policy, so to do, it shall be the duty of the officer of the court, or circuit judge, to make an order for the removal of the accused to a convenient and safe jail of some convenient county, there to be kept until the court shall sit for the trial of the accused. It shall be the duty of the sheriff of the county to which the prisoner is so removed, to receive and safely keep him, according to the order of the court or officer having jurisdiction thereof; and it shall further be the duty of said sheriff to have the body of the accused, without further order, before the proper court of the proper county, at its next term thereafter, on the first day of the term, unless he shall have been discharged by due course of law. The county in which the offense is committed, or where the case stands for trial, shall pay all the expenses of such removal and safekeeping and return of the accused for trial.

HISTORY: Codes, Hutchinson’s 1848, ch. 65, art. 2(76); 1857, ch. 64, art. 290; 1871, § 2790; 1880, § 3052; 1892, § 1403; 1906, § 1476; Hemingway’s 1917, § 1234; 1930, § 1256; 1942, § 2499; Laws, 1964, ch. 355; Laws, 1973, ch. 319, § 1, eff from and after passage (approved March 14, 1973).

JUDICIAL DECISIONS

1. In general.

An inmate housed in a city jail pursuant to a detainer filed by a county, which city and county were under federal court order to relieve overcrowding and had entered into an interlocal agreement pursuant to which the city housed a certain number of county inmates, was in the custody of the county. Jones v. City of Jackson, 203 F.3d 875, 2000 U.S. App. LEXIS 1992 (5th Cir. Miss. 2000).

The circuit court of one county erred in holding that it had no authority to give a defendant credit for time served in another county while awaiting trial in a second county, where the first county retained the defendant on a detainer when it allowed him to be transferred to the second county, which, under §47-3-1, did not release him from the jurisdiction of the first county. Lee v. State, 437 So. 2d 1208, 1983 Miss. LEXIS 2881 (Miss. 1983).

In prosecution for murder where the accused was confined in a jail in Louisville, instead of Vaiden where the accused was tried, it was no error, where Vaiden had no jail. Goldsby v. State, 226 Miss. 1, 226 Miss. 20, 86 So. 2d 27, 1955 Miss. LEXIS 604 (Miss. 1955), cert. denied, 352 U.S. 944, 77 S. Ct. 266, 1 L. Ed. 2d 239, 1956 U.S. LEXIS 61 (U.S. 1956).

This section [Code 1942, § 2499] does not authorize the removal of a prisoner to another county for any purpose not named in the statute. Ex parte Buck, 104 Miss. 661, 61 So. 651, 1913 Miss. LEXIS 67 (Miss. 1913).

The statute [Code 1942, § 2499] does not warrant the removal of a person sentenced to imprisonment in the jail of the county where his offense was committed, to the jail of another county, to prevent him from directing, from the jail, the illegal sale of intoxicating liquor. Ex parte Buck, 104 Miss. 661, 61 So. 651, 1913 Miss. LEXIS 67 (Miss. 1913).

Order for removal of prisoner from one jail to another for safekeeping does not exhaust court’s power to make another order of removal that he should be taken to another jail for safekeeping. Wray v. Kelly, 98 Miss. 172, 53 So. 492, 1910 Miss. LEXIS 49 (Miss. 1910).

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 163-166.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 18, 128, 129.

§ 47-3-3. No removal after commitment.

A person committed or in custody on a criminal charge shall not be removed from the place of his confinement into the custody of any other officer, unless it be by habeas corpus or some other legal writ, except for trial, or in case of fire or infection, or other necessity, or in accordance with express provision of law. If any person, after such commitment, shall make out or issue any warrant or process for such removal except as authorized, it shall be void.

HISTORY: Codes, Hutchinson’s 1848, ch. 65, art. 1(17); 1857, ch. 48, art. 9; 1871, § 1408; 1880, § 3053; 1892, § 1404; 1906, § 1477; Hemingway’s 1917, § 1235; 1930, § 1257; 1942, § 2500.

Cross References —

Removal of prisoners in case of infectious or contagious disease, see §§47-3-7,47-3-9.

JUDICIAL DECISIONS

1. In general.

Code 1942, § 2499, does not authorize the removal of a prisoner to another county for any purpose not named in the statute. Ex parte Buck, 104 Miss. 661, 61 So. 651, 1913 Miss. LEXIS 67 (Miss. 1913).

The statute [Code 1942, § 2499] does not warrant the removal of a person sentenced to imprisonment in the jail of the county where his offense was committed, to the jail of another county, to prevent him from directing, from the jail, the illegal sale of intoxicating liquor. Ex parte Buck, 104 Miss. 661, 61 So. 651, 1913 Miss. LEXIS 67 (Miss. 1913).

Order for removal of prisoner from one jail to another for safekeeping does not exhaust court’s power to make another order of removal that he should be taken to another jail for safekeeping. Wray v. Kelly, 98 Miss. 172, 53 So. 492, 1910 Miss. LEXIS 49 (Miss. 1910).

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 163-166.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 18, 128, 129.

§ 47-3-5. Removal to place where convicts may be worked.

It shall be unlawful for any officer, convict manager, or other person to remove any convict to the state farm, county farm, road or other place where convicts may be worked before the expiration of five (5) days from the date of conviction, unless said convict may express himself so ready to go at an earlier date and such consent be entered on the minutes by order of the court. Any officer or other person violating this section shall be guilty of a misdemeanor and fined not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00), or be imprisoned in the county jail not less than thirty (30) days or more than six (6) months, or both such fine and imprisonment.

HISTORY: Codes, Hemingway’s 1921 Supp, §§ 1142g, 1142h; 1930, § 1258; 1942, § 2501; Laws, 1918, ch. 245; Laws, 1920, ch. 328.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 163-166.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 18, 128, 129.

§ 47-3-7. Removal in case of infectious or contagious disease.

If any infectious or contagious disease shall appear in the vicinity of any jail, or if the appearance of such disease be apprehended, the board of supervisors of the county, or, if it should not meet in time, the sheriff of the county, with the concurrence of two (2) members of such board, or of a circuit judge or chancellor, expressed in writing, may cause the prisoners confined in such jail to be removed to some suitable place of security, for safekeeping, until the threatened danger shall be over, when they shall be returned to the jail.

HISTORY: Codes, 1880, § 3054; 1892, § 1405; 1906, § 1478; Hemingway’s 1917, § 1236; 1930, § 1259; 1942, § 2502.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 99 et seq., 163-166, 203.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 83, 84, 128, 129.

§ 47-3-9. Removal in case of infectious or contagious disease; place where prisoners may be taken.

Removal of prisoners pursuant to Section 47-3-7 may be to some place in the county, or to the jail of another county. The jailer of such other county shall receive the prisoners and keep them safely, and surrender them when called for by the authority of the sheriff of the county from which they were removed. All the expenses of any such removal of prisoners and their imprisonment anywhere else, shall be borne by the county chargeable with the expense of imprisonment and trial of prisoners.

HISTORY: Codes, 1880, § 3055; 1892, § 1406; 1906, § 1479; Hemingway’s 1917, § 1237; 1930, § 1260; 1942, § 2503.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 99 et seq., 163-166, 203.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 83, 84, 128, 129.

§ 47-3-11. Transfer of convicted foreign national to country of citizenship.

When a treaty is in effect between the United States of America and a foreign country providing for the transfer of convicted offenders to the country of which they are citizens or nationals, the Governor, on behalf of the State of Mississippi, is authorized, subject to the terms of the treaty, to consent to the transfer of the convicted offender. The Governor is authorized to develop any policies and procedures which may be necessary to carry out the mandates of this section.

HISTORY: Laws, 2001, ch. 442, § 1, eff from and after July 1, 2001.

Chapter 4. Privately Operated Correctional Facilities

§ 47-4-1. Privately operated correctional facilities authorized for federal and other states’ inmates.

  1. It is lawful for there to be located within Wilkinson County and Leflore County a correctional facility operated entirely by a private entity pursuant to a contractual agreement between such private entity and the federal government, any state, or a political subdivision of any state to provide correctional services to any such public entity for the confinement of inmates subject to the jurisdiction of such public entity. Any person confined in such a facility pursuant to the laws of the jurisdiction from which he is sent shall be considered lawfully confined within this state. The private entity shall assume complete responsibility for the inmates and shall be liable to the State of Mississippi for any illegal or tortious actions of such inmates.
  2. The Department of Corrections shall contract with the Board of Supervisors of Leflore County for the private incarceration of not more than one thousand (1,000) state inmates at a facility in Leflore County. Any contract must comply with the requirements of Section 47-5-1211 through Section 47-5-1227.
  3. It is lawful for any county to contract with a private entity for the purpose of providing correctional services for the confinement of federal inmates subject to the jurisdiction of the United States. Any person confined in such a facility pursuant to the laws of the United States shall be considered lawfully confined within this state. The private entity shall assume complete responsibility for the inmates and shall be liable to the county or the State of Mississippi, as the case may be, for any illegal or tortious actions of the inmates.
  4. It is lawful for there to be located within any county a correctional facility operated entirely by a private entity and the federal government to provide correctional services to the United States for the confinement of federal inmates subject to the jurisdiction of the United States. Any person confined in a facility pursuant to the laws of the United States shall be considered lawfully confined within this state. The private entity shall assume complete responsibility for the inmates and shall be liable to the State of Mississippi for any illegal or tortious actions of the inmates.

    A person convicted of simple assault on an employee of a private correctional facility while such employee is acting within the scope of his or her duty or employment shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than five (5) years, or both.

    A person convicted of aggravated assault on an employee of a private correctional facility while such employee is acting within the scope of his or her duty or employment shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than thirty (30) years, or both.

  5. The Department of Corrections may contract with the Tallahatchie County Correctional Facility authorized in Chapter 904, Local and Private Laws of 1999, for the private incarceration of not more than one thousand (1,000) state inmates at a facility in Tallahatchie County. Any contract must comply with the requirements of Section 47-5-1211 through Section 47-5-1227. No state inmate shall be assigned to the Tallahatchie County Correctional Facility unless the inmate cost per day is at least ten percent (10%) less than the inmate cost per day for housing a state inmate at a state correctional facility.
  6. If a private entity houses state inmates, the private entity shall not displace state inmate beds with federal inmate beds unless the private entity has obtained prior written approval from the Commissioner of Corrections.
  7. It is lawful for there to be located within Leflore County a correctional facility operated entirely by a private entity pursuant to a contractual agreement between such private entity and the federal government, the State of Mississippi, or Leflore County for the incarceration of federal inmates. Such correctional facility may include a separate Leflore County jail which may be located on or adjacent to the correctional facility site. To further the provisions of this subsection:
    1. Any private entity, the State of Mississippi, or Leflore County may enter into any agreement regarding real property or property, including, but not limited to, a lease, a ground lease and leaseback arrangement, a sublease or any other lease agreement or arrangement, as lessor or lessee. Such agreements shall not exceed forty (40) years. The Department of Corrections may enter such agreements or arrangements on behalf of the State of Mississippi;
    2. The powers conferred under this subsection shall be additional and supplemental to the powers conferred by any other law. Where the provisions of this subsection conflict with other law, this subsection shall control; and
    3. The private entity shall assume complete responsibility for the inmates and shall be liable to the State of Mississippi for any illegal or tortious actions of the inmates.

HISTORY: Laws, 1992, ch. 537, § 1; Laws, 1994 Ex Sess, ch. 26, § 5; Laws, 1997, ch. 486, § 1; Laws, 2004, ch. 540, § 1; Laws, 2013, ch. 480, § 1, eff from and after passage (approved Apr. 1, 2013.).

Editor’s Notes —

The United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the addition of this section by Laws of 1992, ch. 537, § 1, on August 12, 1992.

Amendment Notes —

The 2004 amendment substituted “Board of Supervisors of Leflore County” for “‘Delta Correctional Facility Authority’ a public body authorized in Chapter 852 Local and Private Laws of 1992” near the beginning of (2); and added (5).

The 2013 amendment added (7).

JUDICIAL DECISIONS

1. Validity of indictment.

Defendant’s conviction for simple assault of an employee of a private correctional facility was appropriate because the nature and cause of the charge against defendant were clear and the indictment properly informed him of the possible defenses to the charged offense. The trial court was within its discretion in finding that the jury properly weighed the evidence and determined that the State showed that the victim suffered an injury as a result of defendant’s striking her with his fist. Moten v. State, 20 So.3d 757, 2009 Miss. App. LEXIS 763 (Miss. Ct. App. 2009).

OPINIONS OF THE ATTORNEY GENERAL

Although counties may contract with private entities to house federal inmates, such entities are not authorized by this section to house inmates from other states that are not federal inmates. Puckett, July 3, 1997, A.G. Op. #97-0388.

The board of alderman of the Town of Woodville may contract with Corrections Corporation of America to incarcerate Town of Woodville prisoners at the private facility in Wilkinson County. Wilkerson, January 16, 1998, #97-0790.

Subsection (1) of this section is sufficient authority for a contract between Leflore County and Correctional Corporation of America, and for a contract between the City of Greenwood and Correctional Corporation of America, for the private incarceration of their inmates. Perkins, April 9, 1999, A.G. Op. #99-0154.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions § 7.

§ 47-4-3. Prerequisites to establishment of privately operated correctional facilities; petition and election.

  1. Before a private correctional facility may be located in the county, the board of supervisors shall by resolution duly adopted and entered on its minutes specify the location of the facility, the nature and size of the facility, the type of inmates to be incarcerated and the identity of the private entity which will operate the facility. The board shall publish a notice as hereinafter set forth in a newspaper having general circulation in such county. Such notice shall include location of the facility, the nature and size of the facility, the type of inmates to be incarcerated and the identity of the entity which will operate the facility. Such notice shall include a brief summary of the provisions of this section pertaining to the petition for an election on the question of the location of the private correctional facility in such county. Such notice shall be published not less than one (1) time each week for at least three (3) consecutive weeks in at least one (1) newspaper having general circulation in the county.
  2. If a petition signed by twenty percent (20%), or fifteen hundred (1500), whichever is less, of the qualified electors of the county is filed within sixty (60) days of the date of the last publication of the notice with the board of supervisors requesting that an election be called on the question of locating such facility, then the board of supervisors shall adopt a resolution calling an election to be held within such county upon the question of the location of such facility. Such election shall be held, as far as practicable, in the same manner as other elections are held in counties. At such election, all qualified electors of the county may vote, and the ballots used at such election shall have printed thereon a brief statement of the facility to be constructed and the words “For the construction of the private correctional facility in (here insert county name) County” and “Against the construction of the private correctional facility in (here insert county name) County.” The voter shall vote by placing a cross (x) or check mark (Π) opposite his choice on the proposition. When the results of the election on the question of the construction of the facility shall have been canvassed by the election commissioners of the county and certified by them to the board of supervisors, it shall be the duty of the board of supervisors to determine and adjudicate whether or not a majority of the qualified electors who voted thereon in such election voted in favor of the construction of the facility in such county. If a majority of the qualified electors who voted in such election vote against the construction of the facility, then the facility shall not be constructed in the county.
  3. If no petition as prescribed in subsection (2) of this section is filed with the board of supervisors within sixty (60) days of the date of the last publication of the notice, the board of supervisors shall by a resolution duly adopted and entered on its minutes, state that no petition was timely filed and the board may give final approval to the location of the facility.

HISTORY: Laws, 1992, ch. 537, § 2, eff from and after passage (approved May 14, 1992).

Editor’s Notes —

The United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the addition of this section by Laws of 1992, ch. 537, § 2, on August 12, 1992.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions § 7.

§ 47-4-5. Agreements with private sources to operate juvenile detention centers.

Any local unit of government, or any local unit of government in cooperation with other local units of government, may enter into agreements with private sources for the operation and supervision of juvenile detention centers.

HISTORY: Laws, 1992, ch. 537, § 3, eff from and after passage (approved May 14, 1992).

Editor’s Notes —

The United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, as amended and extended, to the addition of this section by Laws of 1992, ch. 537, § 3, on August 12, 1992.

OPINIONS OF THE ATTORNEY GENERAL

Private jail facilities are generally not authorized, but any governmental unit or units together may contract with private sources for operation and supervision of juvenile detention centers. Barrett, Oct. 21, 1992, A.G. Op. #92-0718.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions § 7.

§ 47-4-7. Authority, power and jurisdiction of private guards and jailers; escapees; penalties; pursuit and capture.

  1. All private guards and jailers at private or public facilities shall have the same authority, power and jurisdiction as contractor’s employees under the Special Needs Prison Program of 1994, if they meet the minimum training requirements for state employees performing similar duties at public correctional and detention facilities.
  2. Any inmate or person confined in a facility as provided for under subsection (1) of this section who escapes or attempts to escape from any such facility, and any person who aids or assists in such escape or attempted escape, shall be subject to the penalties as prescribed in Sections 97-9-25 through 97-9-49. Any guard or jailer at any such facility shall be authorized to pursue and assist in the capture of any such escapee.

HISTORY: Laws, 1998, ch. 581, § 3, eff from and after passage (approved April 17, 1998).

Cross References —

Possession of prohibited items by employees or officers of Department of Corrections or others allowed on premises, see §47-5-192.

General prohibitions regarding employees or officers of Department of Corrections, sheriff’s department, private correctional facility or other persons or offenders, see §47-5-193.

Special Needs Prison Program of 1994, see §§47-5-1101 et seq.

§ 47-4-9. County may contract with private entity for operation of county jail.

The board of supervisors of any county, with the approval of the sheriff, may contract with a private entity for the management, operation and maintenance of a county jail.

HISTORY: Laws, 2004, ch. 540, § 2, eff from and after passage (approved May 13, 2004.).

§ 47-4-11. Amendment, extension and/or renewal of certain agreements in connection with private correctional facilities.

In order for the Mississippi Department of Corrections to manage funds budgeted and allocated in its Contractual Services budget category, the commissioner of the department shall have the authority to amend, extend and/or renew the term of any lease agreement or any inmate housing agreement in connection with a private correctional facility. Notwithstanding any statutory limits to the contrary, such amendment, extension and/or renewal may be for a length of time up to and including ten (10) years as is necessary for the continued operations of such facilities and implementation of the department’s duties and responsibilities in accordance with Title 47 of the Mississippi Code of 1972, as amended.

HISTORY: Laws, 2010, ch. 490, § 2, eff from and after passage (approved Apr. 7, 2010.).

Chapter 5. Correctional System

Operation, Management and Personnel

§ 47-5-1. Policy of state in operation and management of correctional system; independent internal examinations.

It shall be the policy of this state, in the operation and management of the correctional system, to so manage and conduct the same in that manner as will be consistent with the operation of a modern correctional system and with the view of making the system self-sustaining. Those convicted of violating the law and sentenced to a term in the state correctional system shall have humane treatment, and be given opportunity, encouragement and training in the manner of reformation.

It shall be the policy of this state that the correctional system shall be operated and managed in the most efficient and economical manner possible. The Mississippi Department of Corrections shall so manage and operate the correctional system in that manner in order to make the system self-sustaining and to conserve state general fund revenues. The Mississippi Department of Corrections shall provide leadership to bring about the earliest possible construction of satisfactory prison inmate facilities, and shall utilize existing state resources, including inmates for prison construction labor, when and wherever practicable, in order to minimize the need for state general funds for prison construction.

It shall be the policy of this state that periodic independent internal investigations of the department shall be conducted to ensure the implementation of state correctional policies.

HISTORY: Codes, 1942, § 7921; Laws, 1964, ch. 378, § 1; Laws, 1976, ch. 440, § 2; reenacted, Laws, 1981, ch. 465, § 1; reenacted and amended, Laws, 1984, ch. 471, § 1; reenacted and amended, Laws, 1986, ch. 413, § 1; Laws, 1988, ch. 504, § 2; Laws, 1995, ch. 416, § 1, eff from and after passage (approved March 15, 1995).

Editor’s Notes —

Laws of 1976, ch. 440, § 1, provides as follows:

“SECTION 1. This act shall be known and may be cited as the ‘Mississippi Corrections Act of 1976.’ ”

Laws of 1981, ch. 465, § 118, which provided for the automatic repeal of provisions reenacting the Department of Corrections and the State Parole Board on June 30, 1984, was repealed by Laws of 1984, ch. 471, § 126. In turn, Laws of 1984, ch. 471, § 128, provided for the automatic repeal of these provisions from and after July 1, 1986. Subsequently, Laws of 1986, ch. 413, § 126, effective from and after passage (approved March 28, 1986), repealed Laws of 1984, ch. 471, § 128, thereby removing the repeal date.

Laws of 1988, ch. 503, § 1, provides as follows:

“SECTION 1. The Mississippi Board of Corrections is hereby abolished and all power, authority, duties and functions of such board shall hereafter vest in and be performed by the Mississippi Department of Corrections. The terms ‘Mississippi Board of Corrections’, ‘Board of Corrections’ and ‘board’ appearing in the laws in connection with the performance of the board’s functions transferred to the Mississippi Department of Corrections shall be the Department of Corrections, and more particularly such words or terms shall mean the Mississippi Department of Corrections whenever they appear.”

Laws of 2013, ch. 524, § 1 provides:

“SECTION 1. (1) There is hereby created the Corrections and Criminal Justice Task Force to undertake a comprehensive review of the state’s corrections system and criminal justice system. The task force shall be comprised of twenty-one (21) members, as follows:

“(a) The Chairpersons of the Corrections Committees of the Senate and the House of Representatives or their designees;

“(b) The Chairpersons of the Judiciary ‘B‘ Committees of the Senate and the House of Representatives or their designees;

“(c) The Lieutenant Governor or a designee;

“(d) The Speaker of the House of Representatives or a designee;

“(e) The Commissioner of Corrections or a designee;

“(f) The Attorney General or a designee;

“(g) A state Supreme Court justice or Court of Appeals judge, appointed by the Chief Justice of the Supreme Court of Mississippi;

“(h) A state circuit court judge who presides over a certified drug court, appointed by the Chief Justice of the Supreme Court of Mississippi;

“(i) A state justice court judge, appointed by the Chief Justice of the Supreme Court of Mississippi;

“(j) A state county court judge, appointed by the Chief Justice of the Supreme Court of Mississippi;

“(k) A county public defender, appointed by the Governor;

“( l ) The Director of the Capital Defense Counsel within the Office of the State Public Defender or a designee;

“(m) A member of the Mississippi Sheriffs’ Association appointed by its executive director;

“(n) A district attorney or an assistant district attorney, appointed by the Attorney General;

“(o) A member of the Mississippi Association of Supervisors, chosen by the Executive Director of the Mississippi Association of Supervisors;

“(p) A member representing the Southern Poverty Law Center appointed by the Managing Attorney for Mississippi;

“(q) A member of the Mississippi Association for Justice appointed by its executive committee president;

“(r) A member of the Mississippi Association of Chiefs of Police appointed by its executive board president; and

“(s) The President of the Mississippi Prosecutors Association or a designee.

“(2) The appointed members of the task force must be appointed within thirty (30) days of the effective date of this act. The members shall be a part of the task force for the life of the task force. Any vacancy in the task force shall not affect its powers, but shall be filled in the same manner prescribed above. The task force shall hold its first meeting within sixty (60) days of the effective date of this act, on the call of the Commissioner of Corrections. At the first meeting, the task force shall elect from among its membership a permanent chairperson and any other officers, if any, determined to be necessary. A majority of the membership of the task force shall constitute a quorum, and shall meet at the call of the chairperson, or upon an affirmative vote of a majority of the task force. All members must be notified in writing of all meetings at least five (5) days before the date on which a meeting of the task force is scheduled.

“(3) The task force shall study and make recommendations for improving the relationship between the corrections system and the criminal justice system in Mississippi. In making those recommendations, the task force shall:

“(a) Undertake a comprehensive review of all areas of the state’s corrections system, including state, local and tribal governments’ corrections practices and policies regarding sentencing guidelines;

“(b) Review the total number of offender populations in Mississippi correctional facilities to determine which offenders receive or serve differing sentences for the same crimes, enumerating any discrepancies in sentencing for conviction of the same crimes and documenting the percentage of offenders whose sentence was a result of mandatory minimum sentencing;

“(c) Make findings regarding such review and recommendations for changes in oversight, policies, practices and laws designed to prevent, deter and reduce crime and violence, reduce recidivism, improve cost-effectiveness and ensure the interests of justice at every step of the criminal justice system;

“(d) Identify critical problems in the criminal justice system and assess the cost-effectiveness of the use of state and local funds in the criminal justice system;

“(e) Consult with state, local and tribal government and nongovernmental leaders, including law enforcement officials, legislators, judges, court administrators, prosecutors, defense counsel, probation and parole officials, criminal justice planners, criminologists, civil rights and liberties organizations, formerly incarcerated individuals and corrections officials; and

“(f) Conduct a comprehensive review of the drug court programs, intensive supervision programs and any other alternative incarceration programs utilized in the state and provide detailed recommendations regarding the appropriate funding to support those programs.

“The Mississippi Department of Corrections shall provide appropriate staff support to assist the task force in carrying out its duties. The Commissioner of Corrections shall designate an appropriate employee to act as a point of contact for the provision of staff support to the task force. In addition, the task force may consult with employees of any state agency or department necessary to accomplish the task force’s responsibilities under this section.

“(4) The task force shall prepare and submit a final report that contains a detailed statement of findings, conclusions and recommendations of the task force to the Legislature, the Governor and to local and tribal governments by December 31, 2013. It is the intention of the Legislature that, given the importance of the matters before the task force, the task force should work toward unanimously supported findings and recommendations and the task force shall state the vote total for each recommendation contained in its report to the Legislature. The report submitted under this subsection shall be made available to the public.

“The recommendations for improving the relationship between the corrections system and the criminal justice system in Mississippi may include proposals for specific statutory changes for improving the effectiveness of the criminal justice system and methods to foster cooperation among state agencies and between the state and local governments. The task force shall be abolished upon submission of the report to the Governor and the Legislature.”

Cross References —

Regulations relating to penitentiary-made goods, see §§47-5-301 et seq.

Provisions relative to prison system overcrowding and the exercise of powers which tend to reduce prison system population or expand operating capacity during states of emergency, see §§47-5-701 et seq.

Power of court to suspend sentence and place defendant on probation, see §47-7-33.

JUDICIAL DECISIONS

1. In general.

2. Sovereign immunity.

1. In general.

Section99-19-39, which governs the detention of a convict pending appeal, confers no right in a convicted felon to be incarcerated in county jail pending an appeal to the Supreme Court; construing §99-19-39 to create such a right would place that statutory section in conflict with the provisions of §47-5-1 et seq. which create a comprehensive correctional system to deal with the incarceration of all felony offenders; under the comprehensive legislative scheme setting up the Mississippi Department of Corrections, the circuit court sentences to the Department and not to any particular facility, and neither the circuit court nor the Supreme Court can order the Department to return a prisoner duly committed to its custody to county jail as a matter of right. Nicolaou v. State, 596 So. 2d 863, 1992 Miss. LEXIS 133 (Miss. 1992).

There is a constitutional requirement for state defendants, in a suit by prison inmates for certain prison reforms, to establish certain time-tables for and proceed to implement (a) adequate medical facilities and services, and (b) the reduction of overcrowding of prison inmates at residential camps as well as the elimination of those residential camps unfit for human habitation. Gates v. Collier, 390 F. Supp. 482, 1975 U.S. Dist. LEXIS 14056 (N.D. Miss. 1975), aff'd, 525 F.2d 965, 1976 U.S. App. LEXIS 13465 (5th Cir. 1976).

An opinion in a class action brought by inmates of the state penitentiary against the superintendent of the penitentiary, members of the Mississippi Penitentiary Board, and the governor (joined in by the United States as plaintiff intervenor) describes in some detail the undesirable and unconstitutional conditions existing at the penitentiary. The trial court granted both prohibitory and affirmative relief and retained jurisdiction to ensure that the court orders are complied with. Gates v. Collier, 349 F. Supp. 881, 1972 U.S. Dist. LEXIS 12007 (N.D. Miss. 1972), aff'd, 501 F.2d 1291, 1974 U.S. App. LEXIS 6790 (5th Cir. Miss. 1974), amended, 390 F. Supp. 482, 1975 U.S. Dist. LEXIS 14056 (N.D. Miss. 1975).

2. Sovereign immunity.

Mississippi Department of Corrections (MDOC) was considered an arm of the state for purposes of Eleventh Amendment immunity because state statute, Miss. Code Ann. §§47-5-1 et. seq., considered the MDOC an arm of the state; additionally, the MDOC was funded by the state. The department was responsible for the confinement of prisoners throughout the state; it apparently had the authority to sue and be sued in its own name, and, finally, it was authorized by Miss. Code Ann. §47-5-5 to hold and use property. Morgan v. Mississippi, 2008 U.S. Dist. LEXIS 74001 (S.D. Miss. Feb. 12, 2008), amended, 2009 U.S. Dist. LEXIS 55347 (S.D. Miss. June 16, 2009).

RESEARCH REFERENCES

ALR.

Censorship of convicted prisoners’ “legal” mail. 47 A.L.R.3d 1150.

Censorship of convicted prisoners’ “nonlegal” mail. 47 A.L.R.3d 1192.

Am. Jur.

59 Am. Jur. 2d, Pardon and Parole §§ 72, 83, 90, 99, 107, 111.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 4, 5, 7.

15A Am. Jur. Legal Forms 2d, Public Works and Contracts §§ 216:228 (use of materials produced in penal or correctional institutions).

CJS.

67A C.J.S., Pardon and Parole §§ 15, 16 et seq.

72 C.J.S., Prisons and Rights of Prisoners § 3.

§ 47-5-2. Corrections Investigative Taskforce created.

  1. There is hereby created the Corrections Investigative Taskforce which shall consist of the following members: the Attorney General; State Auditor; the Chief Executive Officer of the Bureau of Narcotics, or his designee; the Chief Executive Officer of the Department of Public Safety, or his designee; the Chairman of the Senate Corrections Committee and the Chairman of the House Penitentiary Committee.
  2. The taskforce shall:
    1. Conduct or cause to be conducted periodic investigation of the Department of Corrections;
    2. Study and make recommendations on correctional policies, including, but not limited to:
      1. Drug trafficking;
      2. Inmate gang activity;
      3. Internal accounting and control procedures; and
      4. Correction services and programs.
    3. Request assistance from the Department of Audit, Office of the Attorney General, Department of Public Safety, Bureau of Narcotics and any other state agency. Any state agency shall comply with a request for assistance to the fullest extent possible.
  3. The taskforce shall submit its findings and recommendations to the Governor and the Legislature no later than January 15 of each year.

HISTORY: Laws, 1995, ch. 416, § 3, eff from and after passage (approved March 15, 1995).

§ 47-5-3. Facilities of the correctional system; their purposes and locations.

The plantation known as Parchman owned by the state in Sunflower and Quitman Counties, and in such other places as are now or may be hereafter owned or operated by the state for correctional purposes shall constitute the facilities of the correctional system for the custody, punishment, confinement at hard labor and reformation of all persons convicted of felony in the courts of the state and sentenced to the custody of the department, and whenever the term “penitentiary” or “state penitentiary” appears in the laws of the State of Mississippi, it shall mean any facility under the jurisdiction of the Department of Corrections which is used for the purposes described herein.

HISTORY: Codes, 1942, § 7922; Laws, 1964, ch. 378, § 2 1976, ch. 440, § 19; reenacted, Laws, 1981, ch. 465, § 2; Laws, 1984, ch. 397; reenacted, Laws, 1984, ch. 471, § 2; reenacted, Laws, 1986, ch. 413, § 2, eff from and after passage (approved March 28, 1986).

Editor’s Notes —

Laws of 1986, ch. 491, § 1, effective from and after passage (approved April 15, 1986), provides as follows:

“SECTION 1. The Mississippi Board of Corrections is hereby authorized to convey the right-of-way on the grounds of the Mississippi State Penitentiary, as is hereinafter described, exclusive of gas, water, mineral and subsurface rights, to Sunflower County, Mississippi, for the purpose of completing the Federal Aid Public Road Project No. RS-2847(2)B- Lombardy Road. Said specific right-of-way is described as follows:

“4.794 acres, more or less, located in Section 15, Township 24 North, Range 4 West, Sunflower County, Mississippi, and more particularly described as follows:

“Begin at a point on the centerline of the Lombardy Road at Station 512+ 89.14, with said point being the Southwest corner of Section 15; thence North 00 degrees 33´ 36/” East 410.86 feet to Station 517+ 00 along the said centerline; thence around a 00 degrees 24´ 30/” curve to the left a distance 399.97 feet to Station 520+ 99.97 along the said centerline; thence around a 00 degrees 24´ 30/” curve to the right a distance 399.97 feet to Station 524+ 99.94 along the said centerline; thence North 00 degrees 33´ 36/” East 2,672.71 feet to Station 551+ 72.65 along the said centerline; thence around a 00 degrees 30´ 00/” curve to the left at a distance 248.67 feet to Station 554+ 21.32 along the said centerline; thence North 00 degrees 41´ 00/” West 578.68 feet to Station 560+ 00 along the said centerline; thence West 10 feet to Station 560+ 00 thence North 00 degrees 41´ 00/” West 100 feet to Station 561+ 00; thence East 10 feet to Station 561+ 00, thence North 00 degrees 41´ 00/” West 410 feet to Station 565+ 10 along the said centerline; thence West 80 feet to Station 565+ 10; thence South 00 degrees 41´ 00/” East 1,688.68 feet to Station 554+ 21.32; thence around a 00 degrees 30´ 00/” curve to the right a distance 248.67 feet to Station 551+ 72.65; thence South 00 degrees 33´ 36’´ West 2,672.71 feet to Station 524+ 99.94; thence around a 00 degrees 24´ 30/” curve to the left at a distance 399.97 feet to Station 520+ 99.97; thence around a 00 degrees 24´ 30/” curve to the right at a distance 399.97 feet to Station 517+ 00.00; thence South 00 degrees 33´ 36/” West 410.86 feet to Station 512+ 89.14; thence West 40.00 feet to Station 512+ 89.14 to the said centerline and the Point of Beginning.

“Less and Except: 2.996 acres, more or less, existing road right-of-way.

“The Attorney General shall assist in the preparation of legal documents necessary to transfer said right-of-way under the terms specified herein.”

Laws of 1993, ch. 320, § 1, eff from and after passage (approved March 11, 1993) provides as follows:

“SECTION 1. The Governor’s Office of General Services, Department of Finance and Administration, is authorized in its discretion to sell to the Department of Corrections real property described as follows:

“Certain property forming a portion of the right-of-way of the Illinois Central Gulf Railroad Company’s abandoned Sunflower District (‘LD’ Line), said property situated in the East half of the Northwest Quarter and the Southwest Quarter of Section 27; West half of the West half of Section 34; and the Southeast Quarter of the Southeast Quarter of Section 33, Township 24 North, Range 3 West, and in the Northwest Quarter of the Northwest Quarter of Section 3, Township 23 North, Range 3 West, Choctaw Meridian, Sunflower County, Mississippi, is described as all of the Grantor’s original 100´ wide right-of-way lying 50´ on either side of the centerline of Grantor’s main tract as originally located and extending southwesterly from the North line of the Northeast Quarter of the Northwest Quarter of said Section 27 approximately 3629´ as measured along said main tract centerline to a right-of-way width change in Grant Street, Parchman, Mississippi; thence continuing southwesterly of said parcel 200´ wide lying 50´ to the Southeast and 150´ to the Northwest of said main tract centerline 2000´ as measured along said main tract centerline to a right-of-way width change; thence continuing southwesterly of said parcel 100´ wide lying 50´ on either side of said main tract centerline approximately 5213´ as measured along said main tract centerline to the South line of the aforesaid Southeast Quarter of the Southeast Quarter of Section 33 and to the West line of the aforesaid Northwest Quarter of the Northwest Quarter of Section 3.”

Laws of 1993, ch. 339, § 1, eff from and after July 1, 1993, provides as follows:

“SECTION 1. The Mississippi Department of Corrections is authorized to convey to the United States of America 34.88 acres of state-owned property situated in the NE 1/4 of Section 4, Township 5 North, Range 1 West, Hinds County, Mississippi, more particularly described as follows:

“BEGINNING at the NE corner of Section 4, Township 5 North, Range 1 West, Hinds County, Mississippi; run thence with the east boundary of said Section of 4 S 01 degree 06´ 20/” E, 1481.38 feet; thence N 53 degrees 37´ W, 223.1 feet; thence N 56 degrees 28´ 30/” W, 300.0 feet; thence N 59 degrees 20´ W, 300.4 feet; thence N 56 degrees 28´ 39/” W, 200.0 feet; thence N 52 degrees 40´ W, 601.3 feet; thence N 54 degrees 11´ W, 500.4 feet; thence N 56 degrees 28´ 30/” W, 434.2 feet to the north boundary of said Section 4; thence with said north boundary N 89 degrees 28´ 30/” E, 2072.21 feet to the point of beginning, containing 34.88 acres, more or less. Subject to a 27.08 acre easement for Interstate Highway 20. Subject to a 0.29 acre easement for pipelines. This is the same parcel of land conveyed to the United States of America by the City of Jackson, Mississippi, by deed dated November 18, 1983, on record in the Hinds County Real Property Public Records in Book 2954, beginning on page 567.”

JUDICIAL DECISIONS

1. In general.

Without waiving the procedural bar to the inmate’s claim that his sentence was unconstitutional, the court held that the inmate was properly charged under Miss. Code Ann. §97-9-45 and entered a plea of guilty to the escape; the sentence of three years was well within the maximum prescribed by the statute, which referred to prisoners sentenced to the Mississippi Department of Corrections and allowed a maximum sentence of five years, and thus the inmate was not entitled to post-conviction relief; although the inmate was in custody and on a work program for a county at the time of the escape, the inmate was considered under the Department’s jurisdiction for purposes of §97-9-45 because (1) the inmate’s original burglary sentence required imprisonment in the “penitentiary” under Miss. Code Ann. §97-17-23, which term meant any facility under the jurisdiction of the Department pursuant to Miss. Code Ann. §47-5-3, (2) commitment to any institution within the jurisdiction of the Department was to the Department, not a particular institution pursuant to Miss. Code Ann. §47-5-110, and (3) under Miss. Code Ann. §47-5-541, the Department recommended rules concerning the participation of inmates in work programs. Gardner v. State, 848 So. 2d 900, 2003 Miss. App. LEXIS 570 (Miss. Ct. App. 2003).

Section99-19-39, which governs the detention of a convict pending appeal, confers no right in a convicted felon to be incarcerated in county jail pending an appeal to the Supreme Court; construing §99-19-39 to create such a right would place that statutory section in conflict with the provisions of §47-5-1 et seq. which create a comprehensive correctional system to deal with the incarceration of all felony offenders; under the comprehensive legislative scheme setting up the Mississippi Department of Corrections, the circuit court sentences to the Department and not to any particular facility, and neither the circuit court nor the Supreme Court can order the Department to return a prisoner duly committed to its custody to county jail as a matter of right. Nicolaou v. State, 596 So. 2d 863, 1992 Miss. LEXIS 133 (Miss. 1992).

RESEARCH REFERENCES

Am. Jur.

59 Am. Jur. 2d, Pardon and Parole §§ 50-55, 58, 59, 60, 62.

CJS.

67A C.J.S., Pardon and Parole §§ 45-50, 54, 55.

§ 47-5-4. Definitions.

For purposes of this chapter, the following words shall have the meaning ascribed herein unless the context shall otherwise require:

“Adult” shall mean a person who is eighteen (18) years of age or older, or any person convicted of any crime not subject to the provisions of the Youth Court Law, or any person “certified” to be tried as an adult by any youth court in the state.

“Juvenile,” “minor” or “youthful” shall mean a person less than eighteen (18) years of age.

“Offender” shall mean any person convicted of a crime or offense under the laws and ordinances of the state and its political subdivisions.

“Facility or institution” shall mean any facility for the custody, care, treatment and study of offenders which is under the supervision and control of the Department of Corrections, including but not limited to the State Penitentiary property located in Sunflower and Quitman Counties.

“Detention” shall mean the temporary care of juveniles and adults who require secure custody for their own or the community’s protection in a physically restricting facility prior to adjudication, or retention in a physically restricting facility upon being taken into custody after an alleged parole or probation violation.

“Unit of local government” shall mean a county, city, town, village, or other general purpose political subdivision of the state.

“Department” shall mean the Mississippi Department of Corrections.

“Commissioner” shall mean the Commissioner of Corrections.

“Correctional system” shall mean the facilities, institutions, programs and personnel of the Department of Corrections utilized for adult offenders who are committed to the custody of the department.

HISTORY: Laws, 1976, ch. 440, § 3; reenacted, Laws, 1981, ch. 465, § 3; reenacted, Laws, 1984, ch. 471, § 3; reenacted, Laws, 1986, ch. 413, § 3; Laws, 1988, ch. 504, § 3, eff from and after passage (approved May 6, 1988).

Cross References —

Youth Court Law, see §§43-21-101 et seq.

§ 47-5-5. Limited centralization of facilities.

The commissioner, as soon as possible after passage of this section, shall prepare a plan to bring about the limited centralization of facilities within the state correctional system grounds at Parchman, Mississippi. The commissioner is authorized and empowered to use any state funds appropriated for such purposes, together with any available federal funds appropriated by the United States Congress for improvement of correctional institutions to construct modern security facilities for housing of offenders to the end that the state correctional system achieves the greatest degree of security for said offenders. Provided, however, that no new facility to house offenders shall be constructed within two-fifths (Cr) of a mile of any other offender camp. The commissioner shall bring about centralization of food facilities, recreational activities, utility services and other related facilities and correctional services that are presently decentralized within the correctional system.

It is the intent of the Mississippi Legislature that the commissioner shall fully utilize existing knowledge, architectural plans and expertise currently available with the Federal Bureau of Prisons and the Law Enforcement Assistance Administration to the end that the State of Mississippi shall have an efficient, modern, and properly secure state correctional system.

The commissioner is authorized to receive and disburse private and public grants, gifts and bequests which may be available to this state for correctional facilities, offender rehabilitation purposes and related purposes, which said sum so received shall be subject to all of the laws applicable to the State Fiscal Management Board.

HISTORY: Codes, 1942, § 7926.5; Laws, 1971, ch. 524, § 11; Laws, 1976, ch. 440, § 20; reenacted, Laws, 1981, ch. 465, § 4; reenacted, Laws, 1984, ch. 471, § 4; reenacted and amended, Laws, 1986, ch. 413, § 4, eff from and after passage (approved March 28, 1986).

Editor’s Notes —

Section 27-104-1 provides that the term “Fiscal Management Board” shall mean the “Department of Finance and Administration”.

Laws of 1973, ch. 472, §§ 1-4, eff from and after passage (approved April 12, 1973), provide as follows:

“SECTION 1. The purpose of this legislation is to outline and structure a long-range proposal in addition to certain immediate objectives for improvements at the state penitentiary so as to implement provisions of state law and provide modern and efficient penal facilities.

“The more specific purposes of this legislation are to:

“(a) Provide a time schedule for the orderly, efficient and deliberate construction of new capital facilities and for the renovation of certain existing facilities at the state penitentiary.

“(b) Implement the provisions of section 47-5-5 as enacted by the 1971 Regular Session of the Mississippi Legislature.

“(c) Provide for the maximum internal security of inmates at the state penitentiary by creating a unit of security facilities to aid in phasing out the trusty inmate guard system.

“(d) Unitize supportive functions so as to minimize the basic cost for such facilities and to create an efficient, effective security system in addition to other operations.

“SECTION 2. The intent of the legislature in enacting the provisions of this act is that such provisions, including all construction and renovation, shall be completed and that each of the phases of the development provided in this act shall be accomplished adequately and expeditiously to implement the provisions of this act. New facilities whose construction is authorized by this act shall be constructed on penitentiary lands owned by the state in Sunflower County and implement the provisions of section 47-5-5, as enacted by the 1971 Regular Session of the Mississippi Legislature. It being the intent of the legislature that the state building commission develop and present to the legislature a long-range capital improvements construction plan for the Mississippi State Penitentiary providing for the construction of all facilities in an orderly, contiguous pattern so that all of the vital facilities constructed and utilized will be constructed in the most economical and efficient manner. All facilities located on these tracts shall, where possible, be placed at least one (1) mile apart, but in no event shall they be closer than two-fifths (Cr) of a mile, as provided in section 47-5-5. The facilities which will house security, administrative and supportive systems shall be designated the central complex.

“SECTION 3. The state building commission shall, using funds appropriated by the legislature, federal matching or other federal funds, federal grants, or other available funds from whatever source provided, construct, renovate and make the following improvements at the state penitentiary, provided, however, that the grouping of improvements into phases shall not be construed so as to require the completion of all improvements within a phase before improvements in a subsequent phase may be initiated, except that construction and renovation of the projects in the Phase I shall receive priority over the projects authorized for preplanning in Phase II.

PHASE I “(1) Training Facilities $45,000.00 “(2) Classification and Filing 55,000.00 “(3) Camp Renovation 250,000.00 “(4) Security Building 125,000.00 “(5) Construction of a first offenders camp 700,000.00 “(6) Complete renovation and additional construction to penitentiary hospital at present location 500,000.00 “(7) Central food and service facility to be constructed in connection with central complex 350,000.00 “(8) Security Fencing 100,000.00 “(9) One (1) Maximum security unit 875,000.00 “Total Expenditure for Implementation of Phase I. $3,000,000.00

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“All of the above to be constructed in accordance with Section 2.

PHASE II-PREPLANNED PROJECTS. “(1) Construction of two (2) medium security inmate facilities. “(2) Development of a new water system and sewerage treatment facility to be used in connection with central complex. “(3) Construction of security fence surrounding entire complex of facilities. “(4) Central laundry facility for prison system. “The projects authorized in Phase II shall be preplanned prior to any construction or renovation. All of the above to be constructed in accordance with section 2. “Provided, however, the state building commission, with the concurrence of the Mississippi Penitentiary Board, or its successor, is hereby authorized to delete line items provided as set out above, and authorized to use the funds released by said deletion to allow construction of facilities at the Mississippi State Penitentiary based on priority, design and identifiable needs. (Amended Laws, 1974, ch. 528, § 1, eff from and after passage (approved April 4, 1974)). “SECTION 4. The Building Commission and the governing authorities of the State Penitentiary shall initiate and complete construction of the limited unitizing facilities at the penitentiary as hereinabove provided, and shall initiate and complete an orderly phaseout of agricultural camps or units for inmate housing so that only those units which may be satisfactorily renovated, as determined by competent engineers and architects, shall be retained. It is the intent of the Legislature that all available materials, equipment, supplies and other facilities, including prison labor, shall be fully utilized in the capital improvements and construction herein authorized.” Laws of 1983, ch. 464, §§ 1-3, effective from and after passage (approved April 5, 1983), provide as follows: “SECTION 1. The State Building Commission or its successor, using any available funds from whatever source, shall: “(a) Construct and equip a 500-man Minimum Housing Unit; “The Minimum Housing Unit location shall be at the Mississippi State Penitentiary at Parchman, Mississippi, or at a site selected by the State Building Commission or its successor in Yalobusha County on land which is hereafter donated to the state specifically for the location of such facility .00 9,400,000 “(b) Construct and equip twelve (12) 75-man Community Work Centers as designated by the State Building Commission or its successor .00 6,230,000 “(c) Construct and equip a 505-Capacity Unit that includes the following facilities: “(i) A 130-man and woman Reception and Classification Unit; “(ii) A 250-woman Women’s Housing Unit; “(iii) A 125-man Minimum Housing Unit; “(iv) Necessary support facilities for the entire 505-Capacity Unit; “The facility location shall be at a site selected by the State Building Commission or its successor in any county on land presently owned by the state or on land which is hereafter donated to the state specifically for the location of such a facility .00 25,250,000 “(d) Construct and equip a 172-man Medium Housing Facility and an Alcohol and Drug Education Facility, both located at the existing Unit 26, at the Mississippi State Penitentiary at Parchman, Mississippi .00 2,200,000 “(e) Renovate, construct additions and equip existing Units 4, 16, 22 and 23 at the Mississippi State Penitentiary at Parchman, Mississippi .00 2,000,000 “(f) Construct improvements to the entire Utility System including wastewater, water, electrical and natural gas at the Mississippi State Penitentiary at Parchman, Mississippi .00 2,000,000 “(g) Construct and equip a new administration facility at the Mississippi State Penitentiary at Parchman .00 2,000,000 “(h) Renovate and equip old hospital at the Mississippi State Penitentiary at Parchman, Mississippi, for use as a minimum housing unit to house approximately 85 inmates .00 1,400,000 “(i) Have as a contingency for project construction and all necessary administrative, legal and other expenses incidental and related to the issuance of any bonds 520,.00 000 “TOTAL $51,000,000.00

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“If there are excess funds available with respect to any project listed in this section after the contract for such project has been let, such excess funds shall be paid into the Correctional Facilities Construction Fund as created by Section 6, Chapter 542, Laws of 1983, to be expended for the construction of inmate housing facilities as provided in Senate Bill No. 2786, 1986 Regular Session, if such bill is enacted into law; provided, however, if such bill is not enacted into law, then such excess funds shall be transferred to the General Fund in the State Treasury. (Amended by Laws, 1986, ch. 475, eff from and after passage, approved April 14, 1986).

“SECTION 2. (1) The State Building Commission shall not designate the site of a new community work center unless the commission has notified, by certified mail, return receipt requested, each member of the board of supervisors of the county or the governing authorities of the municipality in which the center is to be located. Said board of supervisors or governing authority shall have the opportunity within thirty (30) days after the date of such mailing, but not thereafter, to disapprove the designated site.

“(2) If the Building Commission decides to locate the facilities described in paragraphs (a) or (c) of Section 1 of this act on land which is hereafter donated to the state specifically for the location of such a facility then, prior to the commencement of the construction of such facilities, the board of supervisors of the county in which such land is located shall adopt a resolution calling for an election on the question of constructing the facilities in such county. Such resolution shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper published in such county. The first publication of such resolution shall be made not less than twenty-one (21) days prior to the date fixed in the resolution for the election and the last publication shall be made not more than seven (7) days prior to such date. Such election shall be held, as far as practicable, in the same manner as other elections are held in counties. At such election, all qualified electors of the county may vote, and the ballots used at such election shall have printed thereon a brief statement of the facilities to be constructed and the words “For the construction of the facilities in (here insert county name) County” and “Against the construction of the facilities in (here insert county name) County.” The voter shall vote by placing a cross (x) or check mark (v) opposite his choice on the proposition. When the results of the election on the question of the construction of the facilities shall have been canvassed by the election commissioners of the county and certified by them to the board of supervisors, it shall be the duty of the board of supervisors to determine and adjudicate whether or not a majority of the qualified electors who voted thereon in such election voted in favor of the construction of the facilities in such county. Unless a majority of the qualified electors who voted in such election shall have voted in favor of the construction of the facilities in such county, then such facilities shall not be constructed in such county.

“(3) It is the intent of the Legislature, in cases in which the State Building Commission selects a site for a facility as described in paragraphs (a) or (c) of Section 1 of this act, that no notice to the board of supervisors of the county or the governing authorities of the municipality in which such facility is to be located shall be required other than such notice as may be required pursuant to subsection (2) of this section in regard to lands donated to the state, and there shall be no authority for such board or governing authorities to either approve or disapprove designated sites and/or construction of those facilities described in paragraphs (a) or (c) of Section 1 of this act.

“SECTION 3. No state funds from any source whatsoever shall be expended to purchase land for the location of any of the facilities the construction of which is authorized in this act; but such facilities shall be located upon land which is already owned by the state or upon land which is donated to the state or leased to the state for a nominal consideration for a period of not less than twenty-five (25) years specifically for the location of such facilities.”

Laws of 1983, ch. 542, § 6, provides as follows:

“SECTION 6. There is hereby created in the State Treasury a special fund to be designated as the ‘Correctional Facilities Construction Fund’ into which shall be deposited Two Million Dollars ($2,000,000.00) each month beginning August 15, 1983, through July 15, 1984, and One Million Dollars ($1,000,000.00) each month beginning August 15, 1984, through November 15, 1986, from sales tax collections. Any monies as may be appropriated by the Legislature shall be deposited by the State Treasurer into the ‘Correctional Facilities Construction Fund.’ The proceeds of the sale of bonds under Senate Bill No. 3038 [Chapter 456], 1987 Regular Session, shall be transferred by the State Bond Commission into the ‘Correctional Facilities Construction Fund.’ Such funds shall be used by the Bureau of Building, Grounds and Real Property Management of the Office of General Services to defray the costs of the construction, equipping, improvement and renovation of prison facilities pursuant to Senate Bill 2698 [Chapter 464], Regular Session of 1983, Senate Bill No. 2786 [Chapter 502], 1986 Regular Session, and Senate Bill No. 3038 [Chapter 456], 1987 Regular Session. The expenditure of monies out of the Correctional Facilities Construction Fund shall be under the direction of the Office of General Services as spread on its minutes, and such funds shall be paid by the State Treasurer upon warrants issued by the State Fiscal Management Board, which warrants shall be issued upon requisitions signed by the Executive Director of the Office of General Services. Any unencumbered funds in the Correctional Facilities Construction Fund on July 1, 1987, shall be transferred to the State General Fund.” (Amended by Laws, 1986, ch. 502, § 4; 1987, ch. 456, § 17).

Laws of 1986, ch. 502, §§ 1-3, provide as follows:

“SECTION 1. The Office of General Services, using the funds in the ‘Correctional Facilities Construction Fund’ as created in Section 6, Chapter 542, Laws of 1983, shall provide for, by construction, lease, lease-purchase agreement or otherwise and shall equip:

“(a) Housing and necessary support facilities for the number of medium security male inmates as deemed necessary by the Mississippi Board of Corrections, not to exceed five hundred (500) medium security male inmates committed to the custody of the Department of Corrections, at a site selected by the Office of General Services on lands in Greene County, Mississippi;

“(b) Housing and necessary support facilities for the number of maximum security inmates as deemed necessary by the Mississippi Board of Corrections, not to exceed one thousand (1,000) maximum security inmates at the State Penitentiary at Parchman, Mississippi;

“(c) Laundry and kitchen facilities and associated access roads at the State Penitentiary at Parchman, Mississippi;

“(d) Renovation/upgrading of existing security facilities at the State Penitentiary at Parchman, Mississippi;

“(e) Upgrading of existing support systems at the State Penitentiary at Parchman, Mississippi, including wastewater system improvements, water system improvements, fire protection water system improvements, dry storage, telephone system improvements and renovation of the old administration building; and

“(f) Building materials and supplies for inmate construction program projects.”

(Amended by Laws, 1987, ch. 456, § 4).

“SECTION 2. (1) Upon the selection of a proposed site for the inmate housing facilities described in paragraphs (a) and (b) of Section 1 of this act, the Bureau of Building, Grounds and Real Property Management of the Office of General Services shall notify the board of supervisors of the county or counties in which such facility is proposed to be located and shall publish a notice as hereinafter set forth in a newspaper having general circulation in such county. Such notice shall include a description of the tract of land in the county whereon the facility is proposed to be located, the nature and size of the facility and the date on which the determination of the Bureau of Building, Grounds and Real Property Management shall be final as to the location of such facility, which date shall not be less than forty-five (45) days following the first publication of such notice. Such notice shall include a brief summary of the provisions of this section pertaining to the petition for an election on the question of the location of the inmate housing facility in such county. Such notice shall be published not less than one (1) time each week for at least three (3) consecutive weeks in at least one (1) newspaper published in such county.

“If no petition requesting an election is filed prior to the date of final determination stated in such notice, then the bureau shall give final approval to the location of such facilities.

“If at any time prior to the aforesaid date a petition signed by twenty percent (20%), or fifteen hundred (1500), whichever is less, of the qualified electors of the county involved shall be filed with the board of supervisors requesting that an election be called on the question of locating such facilities, then the board of supervisors shall adopt a resolution calling an election to be held within such county upon the question of the location of such facilities. Such election shall be held, as far as practicable, in the same manner as other elections are held in counties. At such election, all qualified electors of the county may vote, and the ballots used at such election shall have printed thereon a brief statement of the facilities to be constructed and the words “For the construction of the facilities in (here insert county name) County” and “Against the construction of the facilities in (here insert county name) County.” The voter shall vote by placing a cross (x) or check mark (v) opposite his choice on the proposition. When the results of the election on the question of the construction of the facilities shall have been canvassed by the election commissioners of the county and certified by them to the board of supervisors, it shall be the duty of the board of supervisors to determine and adjudicate whether or not a majority of the qualified electors who voted thereon in such election voted in favor of the construction of the facilities in such county. Unless a majority of the qualified electors who voted in such election shall have voted in favor of the construction of the facilities in such county, then such facilities shall not be constructed in such county. The provisions of this subsection shall stand repealed from and after June 30, 1988.

“(2) Before any funds shall be expended under Section 1 for the construction of such correctional facilities, the Bureau of Building, Grounds and Real Property Management, with cooperation of the Mississippi Department of Corrections, shall utilize inmates for construction to the extent such labor is available. The Mississippi Department of Corrections shall determine and provide to the Bureau of Building, Grounds and Real Property Management, the name, the number and construction skills of inmates, and shall also provide security officers to be in attendance during all hours when inmates are involved in construction. When necessary construction skills are not available from the inmate population, the Bureau of Building, Grounds and Real Property Management may contract with private contractors or mechanics to perform necessary construction work.”

[SECTION 3. Repealed by its own terms from and after June 30, 1988.].

Laws of 1987, ch. 456, §§ 1-3, 5-16, provide as follows:

“SECTION 1. The Legislature finds and declares that:

“(a) The overcrowding of state prisoners in county jails has plagued the sheriffs, the Mississippi Department of Corrections and the Legislature for a decade.

“(b) In 1987, for the first time in history, the Mississippi Department of Corrections has over 7,000 inmates in its custody, with over 1,200 state inmates in local jails.

“(c) During the past decade, the Legislature has appropriated over $31,000,000.00 in payments to the sheriffs for housing state prisoners, while over 1,000 new prison beds could have been constructed with such funds.

“(d) The most pressing physical facility need at this time is for a substantial increase in the number of maximum security housing at Parchman, inasmuch as Mississippi’s percentage of maximum security inmate beds is less than the national average; and

“(e) The Mississippi Department of Corrections is in need of a comprehensive, long-term construction program.

“SECTION 2. As used in this act, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:

“(a) ‘General obligation bonds’ shall mean bonds of the State of Mississippi, to the repayment of which, both as to principal and interest, the full faith, credit and taxing power of the State of Mississippi are irrevocably pledged until the principal and interest is paid in full.

“(b) ‘Office of General Services’ or ‘office’ shall mean the Governor’s Office of General Services, acting through its Bureau of Building, Grounds and Real Property Management.

“(c) ‘State Fiscal Management Board’ shall mean the membership of the State Fiscal Management Board acting in their capacity as the state’s Public Procurement Review Board, as provided in Section 27-104-7, Mississippi Code of 1972.

“SECTION 3. The Office of General Services shall have the power and is hereby authorized, at one time or from time to time, with the approval of the State Fiscal Management Board spread upon its minutes, to declare the necessity for issuance of negotiable general obligation bonds of the State of Mississippi in an aggregate amount not to exceed Fifty-six Million Six Hundred Fifty Thousand Dollars ($56,650,000.00) to provide funds for the purpose of paying all or any part of the cost of constructing and equipping the correctional facilities authorized under Section 1, Chapter 502, Laws of 1986, (supra, this note) as amended by this act.

“SECTION 5. (1) In the construction of the correctional facilities described in Section 4 of this act, the Office of General Services, in conjunction with the Mississippi Department of Corrections, shall utilize inmates 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 inmates in construction projects; determine and provide to the Office of General Services the name, the number and construction skills of inmates; and provide security officers to be in attendance during all hours when inmates are involved in construction. When necessary construction skills are not available from the inmate population, the Office of General Services may contract with private contractors or mechanics to perform necessary construction work.

“(2) In the planning, design, procurement and construction of the facilities described in Section 4 of this act, the Office of General Services shall make maximum utilization of plans and specifications prepared for, and processes employed in, completed or on-going construction projects for the Mississippi Department of Corrections.

“SECTION 6. Upon the adoption of a resolution by the Office of General Services and the State Fiscal Management Board declaring the necessity for the issuance of any part or all of the general obligation bonds authorized by this act, the office shall deliver a certified copy of such resolution or resolutions to the State Bond Commission. Upon the receipt of same, the State Bond Commission shall act as the issuing agent, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, pay all fees and costs incurred in such issuance and sale, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. For the payment of such bonds and the interest thereon, the full faith, credit and taxing power of the State of Mississippi are hereby irrevocably pledged. If the Legislature shall find that there are funds available in the General Fund of the Treasury of the State of Mississippi in amounts sufficient to pay maturity, principal and accruing interest of such general obligation bonds and if the Legislature shall appropriate such available funds for the purpose of paying such maturity, principal and accruing interest, then the principal, maturity and accruing interest of such bonds shall be paid from appropriations made from the General Fund of the Treasury of the State of Mississippi by the Legislature thereof; but if there are not available sufficient funds in the General Fund of the Treasury of the State of Mississippi to pay the maturity, principal and accruing interest of such bonds, or if such funds are available and the Legislature should fail to appropriate a sufficient amount thereof to pay such principal and accruing interest as the same becomes due, then, and in that event, there shall annually be levied upon all taxable property within the State of Mississippi an ad valorem tax at a rate sufficient to provide the funds required to pay the bonds at maturity and the interest thereon as the same accrues. Such bonds shall bear such date or dates, be in such denomination or denominations, bear interest at such rate or rates, be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times, be redeemable prior to maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as shall be determined by resolution of the State Bond Commission. Such bonds shall be signed by the Chairman of the State Bond Commission or by his facsimile signature, and the official seal of the State Bond Commission shall be affixed thereto, attested by the Secretary of the State Bond Commission. The interest coupons to be attached to such bonds may be executed by the facsimile signatures of such officers. Whenever any such bonds shall have been signed by the officials herein designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers prior to the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until the delivery of the same to the purchaser or had been in office on the date such bonds may bear.

“SECTION 7. All general obligation bonds of the State of Mississippi and interest coupons issued under the provisions of this act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the State of Mississippi. Such bonds and the income therefrom shall be exempt from all taxation within the State of Mississippi.

“SECTION 8. The State Bond Commission may sell such bonds in such manner and for such price as it may determine to be for the best interest of the State of Mississippi, but no such sale shall be made at a price less than par plus accrued interest to date of delivery of the bonds to the purchaser. Notice of the sale of any such bonds shall be published at least one time not less than ten (10) days prior to the date of sale and shall be so published in one or more newspapers having a general circulation in the City of Jackson and in one or more other newspapers or financial journals as may be directed by the State Bond Commission.

“SECTION 9. Upon the issuance and sale of such bonds, the State Bond Commission shall transfer the proceeds of any such sale or sales to the special fund in the State Treasury known as the ‘Correctional Facilities Construction Fund.’ The proceeds of such bonds shall be used solely for the payment of the cost of the project or combined projects described in Section 4 of this act, which shall include costs incident to the issuance and sale of such bonds, and shall be disbursed solely (as provided in Section 17 of this act) under such restrictions, if any, as may be contained in the resolution providing for the issuance of the bonds, except that the fees and costs incident to the issuance and sale of such bonds shall be disbursed by warrant upon requisition of the State Bond Commission, signed by the Governor.

“SECTION 10. Any holder of bonds issued under the provisions of this act or of any of the interest coupons pertaining thereto may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights granted hereunder, or under such resolution, and may enforce and compel performance of all duties required by this act to be performed, in order to provide for the payment of bonds and interest thereon.

“SECTION 11. Such general obligation bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this act. Any resolution providing for the issuance of general obligation bonds under the provisions of this act shall become effective immediately upon its adoption by the State Bond Commission, and any such resolution may be adopted at any regular, special or adjourned meeting of the State Bond Commission by a majority of its members.

“The bonds authorized under the authority of this act may, in the discretion of the State Bond Commission, be validated in the Chancery Court of Hinds County, Mississippi, in the manner and with the force and effect provided now or hereafter by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds. The necessary papers for such validation proceedings shall be transmitted to the State Bond Commission, and the required notice shall be published in a newspaper published in the City of Jackson, Mississippi.

“SECTION 12. All bonds issued under the provisions of this act shall be legal investments for trustees and other fiduciaries, and for savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi, and such bonds shall be legal securities which may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and political subdivisions for the purpose of securing the deposit of public funds.

“SECTION 13. This act shall be deemed to be full and complete authority for the exercise of the powers herein granted, but this act shall not be deemed to repeal or to be in derogation of any existing law of this state whereunder projects of the character herein defined may be constructed or financed.

“SECTION 14. The funds which are transferred from the sale of bonds under this act to the special fund in the State Treasury known as the ‘Correctional Facilities Construction Fund’ may be withdrawn only in the manner provided in Section 17 of this act; provided, however, that warrants for the payment of costs incident to the issuance and sale of bonds shall be issued upon requisition by the State Bond Commission, signed by the Governor. The office shall submit a full report of its work and all the transactions carried on by it, and a complete statement of all its expenditures at the next regular session of the Legislature.

“SECTION 15. The Attorney General of the State of Mississippi shall represent the State Bond Commission in issuing, selling and validating bonds herein provided for, and the State Bond Commission is hereby authorized and empowered to expend such sums as may be necessary and appropriate from the proceeds derived from the sale of the bonds authorized hereunder to pay for the cost of approving attorney’s fees, validating, printing and cost of delivery of bonds authorized under this act.

“SECTION 16. Pending the issuance of bonds of the state as authorized under this act, when funds are insufficient to cover expenditures for construction, equipping, improvement and renovation authorized in Section 4 of this act, the State Bond Commission, upon receipt of a resolution from the Executive Director of the Office of General Services, approved by the State Fiscal Management Board, declaring the necessity for the borrowing of money to cover such expenditures, is authorized and empowered to borrow funds from banks located in the State of Mississippi, or from special funds in the State Treasury, by the issuance of notes, which shall include other certificates of indebtedness, of the State of Mississippi in an amount sufficient to cover such expenditures; however, the principal amount of such notes shall not exceed Five Million Dollars ($5,000,000.00) in the aggregate. Such notes shall mature not longer than ten (10) years from the date issued and shall not bear a greater overall maximum interest rate to maturity than that allowed for general obligation bonds under Section 75-17-101, Mississippi Code of 1972. The State Bond Commission shall pay all expenses, premiums and commissions which may be necessary or advantageous in connection with the issuance of such notes, but solely from the proceeds of such notes, by warrant issued upon requisition of the State Bond Commission signed by the Governor. The proceeds of such notes shall be deposited in the Correctional Facilities Construction Fund and disbursed therefrom as provided in Section 17 of this act. Payment of the principal of and interest on the notes shall be made from any revenues made available therefor by the Legislature and shall be secured additionally by the full faith and credit of the State of Mississippi.”

JUDICIAL DECISIONS

1. In general.

2. Sovereign immunity.

1. In general.

There is a constitutional requirement for state defendants, in a suit by prison inmates for certain prison reforms, to establish certain timetables for and proceed to implement (a) adequate medical facilities and services, and (b) the reduction of overcrowding of prison inmates at residential camps as well as the elimination of those residential camps unfit for human habitation. Gates v. Collier, 390 F. Supp. 482, 1975 U.S. Dist. LEXIS 14056 (N.D. Miss. 1975), aff'd, 525 F.2d 965, 1976 U.S. App. LEXIS 13465 (5th Cir. 1976).

An opinion in a class action brought by inmates of the state penitentiary against the superintendent of the penitentiary, members of the Mississippi Penitentiary Board, and the governor (joined in by the United States as plaintiff intervenor) describes in some detail the undesirable and unconstitutional conditions existing at the penitentiary. The trial court granted both prohibitory and affirmative relief to ensure compliance with the court’s orders. Gates v. Collier, 349 F. Supp. 881, 1972 U.S. Dist. LEXIS 12007 (N.D. Miss. 1972), aff'd, 501 F.2d 1291, 1974 U.S. App. LEXIS 6790 (5th Cir. Miss. 1974), amended, 390 F. Supp. 482, 1975 U.S. Dist. LEXIS 14056 (N.D. Miss. 1975).

2. Sovereign immunity.

Mississippi Department of Corrections (MDOC) was considered an arm of the state for purposes of Eleventh Amendment immunity because state statute, Miss. Code Ann. §47-5-1 et. seq., considered the MDOC an arm of the state; additionally, the MDOC was funded by the state. The department was responsible for the confinement of prisoners throughout the state; it apparently had the authority to sue and be sued in its own name, and, finally, it was authorized by Miss. Code Ann. §47-5-5 to hold and use property. Morgan v. Mississippi, 2008 U.S. Dist. LEXIS 74001 (S.D. Miss. Feb. 12, 2008), amended, 2009 U.S. Dist. LEXIS 55347 (S.D. Miss. June 16, 2009).

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 4, 5, 7.

CJS.

72 C.J.S., Prisons and Rights of Prisoners § 10.

§ 47-5-6. Oversight Task Force established; composition; powers and duties.

  1. There is hereby established a committee to be known as the Corrections and Criminal Justice Oversight Task Force, hereinafter called the Oversight Task Force, which must exercise the powers and fulfill the duties described in this chapter.
  2. The Oversight Task Force shall be composed of the following members:
    1. The Lieutenant Governor shall appoint two (2) members;
    2. The Speaker of the House of Representatives shall appoint two (2) members;
    3. The Commissioner of the Department of Corrections, or his designee;
    4. The Chief Justice of the Mississippi Supreme Court shall appoint one (1) member of the circuit court;
    5. The Governor shall appoint one (1) member from the Parole Board;
    6. The Director of the Joint Legislative Committee on Performance Evaluation and Expenditure Review, or his designee;
    7. The Attorney General shall appoint one (1) member representing the victims’ community;
    8. The Mississippi Association of Supervisors shall appoint one (1) person to represent the association;
    9. The President of the Mississippi Prosecutors’ Association;
    10. The President of the Mississippi Sheriffs’ Association, or his designee; and
    11. The Office of the State Public Defender shall appoint one (1) person to represent the public defender’s office.
  3. The task force shall meet on or before July 15, 2015, at the call of the Commissioner of the Department of Corrections and organize itself by electing one (1) of its members as chair and such other officers as the task force may consider necessary. Thereafter, the task force shall meet at least biannually and at the call of the chair or by a majority of the members. A quorum consists of seven (7) members.
  4. The task force shall have the following powers and duties:
    1. Track and assess outcomes from the recommendations in the Corrections and Criminal Justice Task Force report of December 2013;
    2. Prepare and submit an annual report no later than the first day of the second full week of each regular session of the Legislature on the outcome and performance measures to the Legislature, Governor and Chief Justice. The report shall include recommendations for improvements, recommendations on transfers of funding based on the success or failure of implementation of the recommendations, and a summary of savings. The report may also present additional recommendations to the Legislature on future legislation and policy options to enhance public safety and control corrections costs;
    3. Monitor compliance with sentencing standards, assess their impact on the correctional resources of the state and determine if the standards advance the adopted sentencing policy goals of the state;
    4. Review the classifications of crimes and sentences and make recommendations for change when supported by information that change is advisable to further the adopted sentencing policy goals of the state;
    5. Develop a research and analysis system to determine the feasibility, impact on resources, and budget consequences of any proposed or existing legislation affecting sentence length;
    6. Request, review, and receive data and reports on performance outcome measures as related to Chapter 457, Laws of 2014;
    7. To undertake such additional studies or evaluations as the Oversight Task Force considers necessary to provide sentencing reform information and analysis;
    8. Prepare and conduct annual continuing legal education seminars regarding the sentencing guidelines to be presented to judges, prosecuting attorneys and their deputies, and public defenders and their deputies, as so required;
    9. The Oversight Task Force shall use clerical and professional employees of the Department of Corrections for its staff;
    10. The Oversight Task Force may employ or retain other professional staff, upon the determination of the necessity for other staff;
    11. The Oversight Task Force may employ consultants to assist in the evaluations and, when necessary, the implementation of the recommendations of the Corrections and Criminal Justice Task Force report of December 2013;
    12. The Oversight Task Force is encouraged to apply for and may expend grants, gifts, or federal funds it receives from other sources to carry out its duties and responsibilities.

HISTORY: Laws, 2014, ch. 457, § 68, effective from and after July 1, 2014.

Editor’s Notes —

Former §47-5-6 related to the establishment of a correctional facility for first offenders.

A former §47-5-6 [Laws, 1975, ch. 482; Repealed by Laws, 1976, ch. 440, § 92, eff from and after July 1, 1976] related to the establishment of a correctional facility for first offenders.

§ 47-5-7. Seal.

The department shall procure a United States lock-seal, to be styled “Mississippi Department of Corrections” of which the commissioner shall be the custodian. Such seal shall be used to authenticate all the written official acts, orders and process executed and issued from the department, and especially on all orders dispatched to the county jails for offenders who have been sentenced to the custody of the department.

HISTORY: Codes, 1942, § 7973; Laws, 1964, ch. 378, § 53; Laws, 1976, ch. 440, § 21; reenacted, Laws, 1981, ch. 465, § 5; reenacted, Laws, 1984, ch. 471, § 5; reenacted, Laws, 1986, ch. 413, § 5; Laws, 1988, ch. 504, § 4, eff from and after passage (approved May 6, 1988).

§ 47-5-8. Department of Corrections; creation; divisions; succession to interests of State Penitentiary and State Probation and Parole Board.

  1. There is created the Mississippi Department of Corrections, which shall be under the policy direction of the Governor. The chief administrative officer of the department shall be the Commissioner of Corrections.
    1. There shall be a Division of Administration and Finance within the department, which shall have as its chief administrative officer a Deputy Commissioner for Administration and Finance who shall be appointed by the commissioner, and shall be directly responsible to the commissioner.
    2. There shall be a Division of Community Corrections within the department, which shall have as its chief administrative officer a Deputy Commissioner for Community Corrections, who shall be appointed by the commissioner, and shall be directly responsible to the commissioner. The Probation and Parole Board shall continue to exercise the authority as provided by law, but after July 1, 1976, the Division of Community Corrections shall serve as the administrative agency for the Probation and Parole Board.
  2. The department shall succeed to the exclusive control of all records, books, papers, equipment and supplies, and all lands, buildings and other real and personal property now or hereafter belonging to or assigned to the use and benefit or under the control of the Mississippi State Penitentiary and the Mississippi Probation and Parole Board, except the records of parole process and revocation and legal matters related thereto, and shall have the exercise and control of the use, distribution and disbursement of all funds, appropriations and taxes now or hereafter in possession, levied, collected or received or appropriated for the use, benefit, support and maintenance of these two (2) agencies except as otherwise provided by law, and the department shall have general supervision of all the affairs of the two (2) agencies herein named except as otherwise provided by law, and the care and conduct of all buildings and grounds, business methods and arrangements of accounts and records, the organization of the administrative plans of each institution, and all other matters incident to the proper functioning of the two (2) agencies.
  3. The commissioner may lease the lands for oil, gas, mineral exploration and other purposes, and contract with other state agencies for the proper management of lands under such leases or for the provision of other services, and the proceeds thereof shall be paid into the General Fund of the state.

HISTORY: Laws, 1976, ch. 440, §§ 10, 11; reenacted, Laws, 1981, ch. 465, § 6; reenacted, Laws, 1984, ch. 471, § 6; Laws, 1984, ch. 488, § 216; reenacted, Laws, 1986, ch. 413, § 6; Laws, 1988, ch. 504, § 5; Laws, 2002, ch. 624, § 2, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment deleted “hereby” preceding “created” at the beginning of (1); in (2)(b), substituted “Corrections” for “Services” following “Community” thrice; and made minor stylistic changes throughout.

Cross References —

Effect of any member of a board, commission, council or authority changing domicile after appointment, see §7-13-9.

Supervision by staff personnel of division of community services of offenders granted probation, parole or executive clemency, see §47-7-5.

Duties of field supervisors and presentence investigators within division of community services, see §47-7-9.

JUDICIAL DECISIONS

1. In general.

The Department of Corrections has no duty to provide the Parole Board with information and has no control over parole decisions. Thus, the department had no duty to a victim assaulted by a paroled prisoner. Grantham v. Mississippi Dep't of Corrections, 522 So. 2d 219, 1988 Miss. LEXIS 117 (Miss. 1988).

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 4, 5, 7.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 2 et seq.

§ 47-5-9. Repealed.

Repealed by Laws, 1976, ch. 440, § 92, eff from and after July 1, 1976.

[Laws, 1964, ch. 378, § 60]

Editor’s Notes —

Former §47-5-9 required the Legislature at each session to appropriate funds for the yearly maintenance of the penitentiary and prisoners.

§ 47-5-10. Department of Corrections; general powers and duties.

The department shall have the following powers and duties:

To accept adult offenders committed to it by the courts of this state for incarceration, care, custody, treatment and rehabilitation;

To provide for the care, custody, study, training, supervision and treatment of adult offenders committed to the department;

To maintain, administer and exercise executive and administrative supervision over all state correctional institutions and facilities used for the custody, training, care, treatment and after-care supervision of adult offenders committed to the department; provided, however, that such supervision shall not extend to any institution or facility for which executive and administrative supervision has been provided by law through another agency;

To plan, develop and coordinate a statewide, comprehensive correctional program designed to train and rehabilitate offenders in order to prevent, control and retard recidivism;

To maintain records of persons committed to it, and to establish programs of research, statistics and planning:

An offender’s records shall include a single cover sheet that contains the following information about the offender: name, including any aliases; department inmate number; social security number; photograph; court of conviction; cause number; date of conviction; date of sentence; total number of days in the department’s custody or number of days creditable toward time served on each charge; date of actual custody; and date of any revocation of a suspended sentence;

The department shall maintain an offender’s cover sheet in the course of its regularly conducted business activities and shall include an offender’s cover sheet in each request from a court, prosecutor or law enforcement agency for a summary of an offender’s records with the department, also known as a “pen-pack.” The cover sheet shall conform to Rules 803(6) and 803(8) of the Mississippi Rules of Evidence for admission as an exception to the hearsay rule and may be admissible when properly authenticated according to evidentiary rules and when offered for the purpose of enhanced sentencing under Section 41-29-147, 99-19-81 or 99-19-83 or other similar purposes; and

This subsection is not intended to conflict with an offender’s right of confrontation in criminal proceedings under the state or federal constitution;

To investigate the grievances of any person committed to the department, and to inquire into any alleged misconduct by employees; and for this purpose it may issue subpoenas and compel the attendance of witnesses and the production of writings and papers, and may examine under oath any witnesses who may appear before it;

To administer programs of training and development of personnel of the department;

To develop and implement diversified programs and facilities to promote, enhance, provide and assure the opportunities for the successful custody, training and treatment of adult offenders properly committed to the department or confined in any facility under its control. Such programs and facilities may include, but not be limited to, institutions, group homes, halfway houses, diagnostic centers, work and educational release centers, technical violation centers, restitution centers, counseling and supervision of probation, parole, suspension and compact cases, presentence investigating and other state and local community-based programs and facilities;

To receive, hold and use, as a corporate body, any real, personal and mixed property donated to the department, and any other corporate authority as shall be necessary for the operation of any facility at present or hereafter;

To provide those personnel, facilities, programs and services the department shall find necessary in the operation of a modern correctional system for the custody, care, study and treatment of adult offenders placed under its jurisdiction by the courts and other agencies in accordance with law;

To develop the capacity and administrative network necessary to deliver advisory consultation and technical assistance to units of local government for the purpose of assisting them in developing model local correctional programs for adult offenders;

To cooperate with other departments and agencies and with local communities for the development of standards and programs for better correctional services in this state;

To administer all monies and properties of the department;

To report annually to the Legislature and the Governor on the committed persons, institutions and programs of the department;

To cooperate with the courts and with public and private agencies and officials to assist in attaining the purposes of this chapter and Chapter 7 of this title. The department may enter into agreements and contracts with other departments of federal, state or local government and with private agencies concerning the discharge of its responsibilities or theirs. The department shall have the authority to accept and expend or use gifts, grants and subsidies from public and private sources;

To make all rules and regulations and exercise all powers and duties vested by law in the department;

The department may require a search of all persons entering the grounds and facilities at the correctional system;

To submit, in a timely manner, to the Oversight Task Force established in Section 47-5-6 any reports required by law or regulation or requested by the task force.

To discharge any other power or duty imposed or established by law.

HISTORY: Laws, 1976, ch. 440, § 12; reenacted, Laws, 1981, ch. 465, § 7; reenacted, Laws, 1984, ch. 471, § 7; Laws, 1984, ch. 488, § 217; reenacted, Laws, 1986, ch. 413, § 7; Laws, 2012, ch. 305, § 1; Laws, 2014, ch. 457, § 62, eff from and after July 1, 2014.

Editor's Notes —

Laws of 1984, ch. 488, § 341, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

Laws of 2013, ch. 524, § 1 provides:

“SECTION 1. (1) There is hereby created the Corrections and Criminal Justice Task Force to undertake a comprehensive review of the state's corrections system and criminal justice system. The task force shall be comprised of twenty-one (21) members, as follows:

“(a) The Chairpersons of the Corrections Committees of the Senate and the House of Representatives or their designees;

“(b) The Chairpersons of the Judiciary 'B' Committees of the Senate and the House of Representatives or their designees;

“(c) The Lieutenant Governor or a designee;

“(d) The Speaker of the House of Representatives or a designee;

“(e) The Commissioner of Corrections or a designee;

“(f) The Attorney General or a designee;

“(g) A state Supreme Court justice or Court of Appeals judge, appointed by the Chief Justice of the Supreme Court of Mississippi;

“(h) A state circuit court judge who presides over a certified drug court, appointed by the Chief Justice of the Supreme Court of Mississippi;

“(i) A state justice court judge, appointed by the Chief Justice of the Supreme Court of Mississippi;

“(j) A state county court judge, appointed by the Chief Justice of the Supreme Court of Mississippi;

“(k) A county public defender, appointed by the Governor;

“( l ) The Director of the Capital Defense Counsel within the Office of the State Public Defender or a designee;

“(m) A member of the Mississippi Sheriffs' Association appointed by its executive director;

“(n) A district attorney or an assistant district attorney, appointed by the Attorney General;

“(o) A member of the Mississippi Association of Supervisors, chosen by the Executive Director of the Mississippi Association of Supervisors;

“(p) A member representing the Southern Poverty Law Center appointed by the Managing Attorney for Mississippi;

“(q) A member of the Mississippi Association for Justice appointed by its executive committee president;

“(r) A member of the Mississippi Association of Chiefs of Police appointed by its executive board president; and

“(s) The President of the Mississippi Prosecutors Association or a designee.

“(2) The appointed members of the task force must be appointed within thirty (30) days of the effective date of this act. The members shall be a part of the task force for the life of the task force. Any vacancy in the task force shall not affect its powers, but shall be filled in the same manner prescribed above. The task force shall hold its first meeting within sixty (60) days of the effective date of this act, on the call of the Commissioner of Corrections. At the first meeting, the task force shall elect from among its membership a permanent chairperson and any other officers, if any, determined to be necessary. A majority of the membership of the task force shall constitute a quorum, and shall meet at the call of the chairperson, or upon an affirmative vote of a majority of the task force. All members must be notified in writing of all meetings at least five (5) days before the date on which a meeting of the task force is scheduled.

“(3) The task force shall study and make recommendations for improving the relationship between the corrections system and the criminal justice system in Mississippi. In making those recommendations, the task force shall:

“(a) Undertake a comprehensive review of all areas of the state's corrections system, including state, local and tribal governments' corrections practices and policies regarding sentencing guidelines;

“(b) Review the total number of offender populations in Mississippi correctional facilities to determine which offenders receive or serve differing sentences for the same crimes, enumerating any discrepancies in sentencing for conviction of the same crimes and documenting the percentage of offenders whose sentence was a result of mandatory minimum sentencing;

“(c) Make findings regarding such review and recommendations for changes in oversight, policies, practices and laws designed to prevent, deter and reduce crime and violence, reduce recidivism, improve cost-effectiveness and ensure the interests of justice at every step of the criminal justice system;

“(d) Identify critical problems in the criminal justice system and assess the cost-effectiveness of the use of state and local funds in the criminal justice system;

“(e) Consult with state, local and tribal government and nongovernmental leaders, including law enforcement officials, legislators, judges, court administrators, prosecutors, defense counsel, probation and parole officials, criminal justice planners, criminologists, civil rights and liberties organizations, formerly incarcerated individuals and corrections officials; and

“(f) Conduct a comprehensive review of the drug court programs, intensive supervision programs and any other alternative incarceration programs utilized in the state and provide detailed recommendations regarding the appropriate funding to support those programs.

“The Mississippi Department of Corrections shall provide appropriate staff support to assist the task force in carrying out its duties. The Commissioner of Corrections shall designate an appropriate employee to act as a point of contact for the provision of staff support to the task force. In addition, the task force may consult with employees of any state agency or department necessary to accomplish the task force's responsibilities under this section.

“(4) The task force shall prepare and submit a final report that contains a detailed statement of findings, conclusions and recommendations of the task force to the Legislature, the Governor and to local and tribal governments by December 31, 2013. It is the intention of the Legislature that, given the importance of the matters before the task force, the task force should work toward unanimously supported findings and recommendations and the task force shall state the vote total for each recommendation contained in its report to the Legislature. The report submitted under this subsection shall be made available to the public.

“The recommendations for improving the relationship between the corrections system and the criminal justice system in Mississippi may include proposals for specific statutory changes for improving the effectiveness of the criminal justice system and methods to foster cooperation among state agencies and between the state and local governments. The task force shall be abolished upon submission of the report to the Governor and the Legislature.”

Laws of 2015, ch. 474, § 1, effective April 22, 2015, provides:

“SECTION 1. (1) The Mississippi Department of Finance and Administration is authorized to convey and transfer without compensation all of the rights, title and interest in certain state-owned real property and improvements located at 421 West Pascagoula Street in the City of Jackson, Hinds County, Mississippi, to the Mississippi Department of Corrections, subject to the requirements of Section 29-1-1(1).”

“(2) The state-owned real property to be conveyed and transferred under the provisions of this act is the same as was acquired by the State of Mississippi for the use and benefit of” the Department of Finance and Administration as authorized under Section 16 of Chapter 87, Laws of 2003, Section 27-104-107, and as authorized by resolution of the State Bond Commission on June 21, 2004, resolution of the Department of Finance and Administration on June 18, 2004, and Resolution of the Mississippi Public Procurement Board at a special meeting on June 15, 2004. The real property herein described lying and being situated in the City of Jackson, Hinds County, Mississippi, and recorded in Deed Book 6071 at Page 430 in the Chancery Clerk's Office of Hinds County, Mississippi, is more particularly described as:

“Tract 1

“A certain parcel of land lying and being situated in Lot 28, Miscellaneous Lots in West Jackson of H.C. Daniels Map of 1875 and being more particularly described as follows:

“Commencing at the intersection of the South line of Pascagoula Street with the West right-of-way of Gallatin Street; thence run Southerly along the said West right-of-way line for 46.2 feet being the Point of Beginning; run thence Southerly along said right-of-way of Gallatin Street for 96.4 feet; thence turn right 90° 11´ and run Westerly for 342.96 feet; thence turn right 89° 48´ and run Northerly 94.5 feet; thence turn right 89° 43´ and run Easterly 342.2 feet to the Point of Beginning; being all of said Lot 28 except formerly given for right-of-way widening of Gallatin Street.

“TRACT 2

“A certain lot or parcel of land in Lot 27 of H.C. Daniels Map of 1875 of the City of Jackson, Mississippi, and more particularly described by metes and bounds as follows, to-wit: .

“Beginning at a point on the West line of Gallatin Street and South Line of Pascagoula Street, thence run South for 46.2 feet; thence West 342.2 feet; thence North 45.5 feet; thence East 342.2 feet to the Point of Beginning which is a part of Lot 27 Miscellaneous Numbers of West Jackson. LESS AND EXCEPT:

“Begin at a point that is 305.4 feet West of the West right-of-way of Gallatin Street and the South right-of-way of Pascagoula Street as now laid out and presently in use, thence run South for 45.57 feet; thence West for 36.5 feet; thence run North for 45.5 feet; thence run East for 36.5 feet to the Point of Beginning, said parcel containing 0.038 acres more or less and being a part of Lot 27 Miscellaneous Numbers of West Jackson, Hinds County, Mississippi.

“AND, LESS AND EXCEPT:

“The following described land and property being situated in the Southwest Quarter (SW 1/4) of Section 3, Township 5 North Range 1 East, Hinds County, Mississippi, and being part of Miscellaneous Lot 27, West Jackson, According to the Daniels Map of 1875 to wit:

“Beginning at the Northeast Corner of the property described in Deed Book 3486 at Page 518, said corner being the intersection of the West right-of-way line of Gallatin Street and the South right-of-way line of Pascagoula Street; thence run Southward along the West right-of-way line of Gallatin Street for 32 feet; thence run Northwesterly for 41 feet to a point on the South right-of-way line of Pascagoula Street; thence run Easterly along the South right-of-way line of Pascagoula Street for 25 feet back to the Point of Beginning, said parcel containing 400 square feet more or less.”

Laws of 2016, ch. 444, § 1, provides:

“SECTION 1. (1) The Department of Finance and Administration, acting on behalf of the Mississippi Department of Corrections, is authorized to convey and transfer certain real property to the Mayor and the Board of Aldermen of the Town of Walnut Grove, Mississippi. The property is located in Leake County, Mississippi, and more particularly described as follows:

[For a complete description of the property, see Chapter 444, Laws of 2016.]

“(2) The Department of Finance and Administration may correct any discrepancies in the legal description of the property provided in this section.

“(3) The State of Mississippi shall retain all mineral rights to the real property conveyed and transferred under this section.”

Laws of 2018, ch. 449, § 2, effective July 1, 2018, provides:

“SECTION 2.(1) The Department of Finance and Administration, acting on behalf of the Mississippi Department of Corrections, is authorized to convey and transfer certain real property to the governing authorities of the City of Corinth, Mississippi, and Alcorn County, Mississippi. The property is located in Alcorn County, Mississippi, and more particularly described as follows:

“[For complete property description, see Section 2 of Chapter 449, Laws of 2018.]

“(2) The Department of Finance and Administration may correct any discrepancies in the legal description of the property provided in this section.

“(3) The State of Mississippi shall retain all mineral rights to the real property conveyed and transferred under this section.”

Amendment Notes —

The 2012 amendment added (e)(i) through (e)(iii).

The 2014 amendment inserted “technical violation centers,” in the middle of the last sentence in (h); added (r) and redesignated remaining subsection accordingly; and made minor punctuation changes.

Cross References —

Provisions relative to prison system overcrowding and the exercise of powers which tend to reduce prison system population or expand operating capacity during states of emergency, see §§47-5-701 et seq.

Administration of community service restitution program by department of corrections, see §§99-20-1 et seq.

Technical violation centers, see §47-7-38.1.

JUDICIAL DECISIONS

1. In general.

The Department of Corrections has no duty to provide the Parole Board with information and has no control over parole decisions. Thus, the department had no duty to a victim assaulted by a paroled prisoner. Grantham v. Mississippi Dep't of Corrections, 522 So. 2d 219, 1988 Miss. LEXIS 117 (Miss. 1988).

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 4, 5, 7.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 2 et seq.

§ 47-5-11. Department to collect certain prison, probation and post-release supervision data; report to Oversight Task Force.

  1. The Mississippi Department of Corrections shall collect the following information:
    1. Prison data shall include:

      1. Recidivism rates by offense type;

      2. Recidivism rates by risk level;

      1. The number of offenders entering prison on a new offense;
      2. The number of offenders entering prison as a revocation of supervision;
      3. The average sentence length for new prison sentences by offense type;
      4. The average sentence length for offenders entering prison for a probation revocation;
      5. The average sentence length for offenders entering prison for a parole revocation;
      6. The average percentage of prison sentence served in prison by offense type;
      7. The average length of stay by offense type;
      8. Recidivism rates. For the purposes of this report, “recidivism” means conviction of a new felony offense within three (3) years of release from prison;
      9. Total prison population;

      1. By offense type;

      2. By type of admission into prison.

    2. Probation data shall include:
      1. The number of offenders supervised on probation;
      2. The number of offenders placed on probation;
      3. The number of probationers revoked for a technical violation and sentenced to a term of imprisonment in a technical violation center;
      4. The number of probationers revoked for a technical violation and sentenced to a term of imprisonment in another type of department of correction;
      5. The number of probationers who are convicted of a new felony offense and sentenced to a term of imprisonment;
      6. The number of probationers held on a violation in a county jail awaiting a revocation hearing; and
      7. The average length of stay in a county jail for probationers awaiting a revocation hearing.
    3. Post-release supervision data shall include:
      1. The number of offenders supervised on post-release supervision;
      2. The number of offenders placed on post-release supervision;
      3. The number of post-release probationers revoked for a technical violation and sentenced to a term of imprisonment in a technical violation center;
      4. The number of post-release probationers revoked for a technical violation and sentenced to a term of imprisonment in another type of department of correction facility;
      5. The number of post-release probationers who are convicted of a new felony offense and sentenced to a term of imprisonment;
      6. The number of post-release probationers held on a violation in a county jail awaiting a revocation hearing; and
      7. The average length of stay in a county jail for post-release probationers awaiting a revocation hearing.
  2. The Department of Corrections shall semiannually report information required in subsection (1) of this section to the Oversight Task Force, and upon request, shall report the information to the PEER Committee.

HISTORY: Laws, 2014, ch. 457, § 66, effective from and after July 1, 2014.

Editor’s Notes —

A former §47-5-11 related to the appointment, terms of office and qualifications of members of the Mississippi Penitentiary Board.

A former §47-5-11. (Laws, 1964, ch. 378, § 4; Repealed by Laws of 1976, ch. 440, § 92, eff from and after July 1, 1976).

Cross References —

Oversight Task Force, see §47-5-6.

§ 47-5-12. Repealed.

Repealed by Laws of 1988, ch. 504, § 60, eff from and after May 6, 1988.

[Laws, 1976, ch. 440, § 4; reenacted, Laws, 1981, ch. 465, § 8; Am Laws, 1983, ch. 351; reenacted, Laws, 1984, ch. 471, § 8; Laws, 1986, ch. 413, § 8]

Editor’s Notes —

Former §47-5-12 created the board of corrections.

Laws of 1988, ch. 504, § 1, provides as follows:

“SECTION 1. The Mississippi Board of Corrections is hereby abolished and all power, authority, duties and functions of such board shall hereafter vest in and be performed by the Mississippi Department of Corrections. The terms ‘Mississippi Board of Corrections,’ ‘Board of Corrections’ and ‘board’ appearing in the laws in connection with the performance of the board’s functions transferred to the Mississippi Department of Corrections shall be the Department of Corrections, and more particularly such words or terms shall mean the Mississippi Department of Corrections whenever they appear.”

§ 47-5-13. Repealed.

Repealed by Laws of 1976, ch. 440, § 92, eff from and after July 1, 1976.

[Laws, 1964, ch. 378, § 5; Laws, 1971, ch. 524, § 2; Laws, 1974, ch. 539, § 1; Laws, 1975, ch. 401]

Editor’s Notes —

Former §47-5-13 related to the compensation and bond of members of The Mississippi Penitentiary Board.

§ 47-5-14. Repealed.

Repealed by Laws of 1988, ch. 504, § 60, eff from and after May 6, 1988.

[Laws, 1976, ch. 440, § 5; Laws, 1980, ch. 560, § 20; reenacted, Laws, 1981, ch. 465, § 9; reenacted and amended, Laws, 1984, ch. 471, § 9; reenacted, Laws, 1986, ch. 413, § 9]

Editor’s Notes —

Former §47-5-14 provided compensation for the Mississippi Board of Corrections.

§ 47-5-15. Repealed.

Repealed by Laws of 1976, ch. 440, § 92, eff from and after July 1, 1976.

[Laws, 1964, ch. 378, § 6]

Editor’s Notes —

Former §47-5-15 related to meetings of the penitentiary board.

§ 47-5-16. Repealed.

Repealed by Laws of 1988, ch. 504, § 60, eff from and after May 6, 1988.

[Laws, 1976, ch. 440, § 6; reenacted, Laws, 1981, ch. 465, § 10; reenacted, Laws, 1984, ch. 471, § 10; Laws, 1986, ch. 413, § 10]

Editor’s Notes —

Former §47-5-16 related to meetings of the Board of Corrections.

§ 47-5-17. Repealed.

Repealed by Laws of 1976, ch. 440, § 92, eff from and after July 1, 1976.

[Laws, 1964, ch. 378, § 7]

Editor’s Notes —

Former §47-5-17 related to the organization of the penitentiary board, board officers, and clerical assistance for the board.

§§ 47-5-18 and 47-5-19. Repealed.

Repealed by Laws of 1988, ch. 504, § 60, eff from and after May 6, 1988.

§47-5-18. [Laws, 1976, ch. 440, § 7; reenacted, Laws, 1981, ch. 465, § 11; reenacted, Laws, 1984, ch. 471, § 11; Laws, 1986, ch. 413, § 11]

§47-5-19. [Codes, 1942, § 7951; Laws, 1964, ch. 378, § 31; Laws, 1976, ch. 440, § 8; reenacted, Laws, 1981, ch. 465, § 12; reenacted, Laws, 1984, ch. 471, § 12; Laws, 1986, ch. 413, § 12]

Editor’s Notes —

Former §47-5-18 related to the organization of the Board of Corrections, board officers, and clerical assistance for the board.

Former §47-5-19 provided for the transfer of the powers and duties of the penitentiary board to the board of corrections.

§ 47-5-20. Powers and duties of commissioner.

The commissioner shall have the following powers and duties:

To establish the general policy of the department;

To approve proposals for the location of new facilities, for major renovation activities, and for the creation of new programs and divisions within the department as well as for the abolition of the same; provided, however, that the commissioner shall approve the location of no new facility unless the board of supervisors of the county or the governing authorities of the municipality in which the new facility is to be located shall have had the opportunity with at least sixty (60) days’ prior notice to disapprove the location of the proposed facility. If either the board of supervisors or the governing authorities shall disapprove the facility, it shall not be located in that county or municipality. Said notice shall be made by certified mail, return receipt requested, to the members of the board or governing authorities and to the clerk thereof;

Except as otherwise provided or required by law, to open bids and approve the sale of any products or manufactured goods by the department according to applicable provisions of law regarding bidding and sale of state property, and according to rules and regulations established by the State Fiscal Management Board; and

To adopt administrative rules and regulations including, but not limited to, offender transfer procedures, award of administrative earned time, personnel procedures, employment practices.

To make personnel actions for a period of one (1) year beginning July 1, 2016, that are exempt from State Personnel Board rules, regulations and procedures in order to give the commissioner flexibility in making an orderly, effective and timely reorganization and realignment of the department.

HISTORY: Laws, 1976, ch. 440, § 9; Laws, 1977, ch. 479, § 1; reenacted, Laws, 1981, ch. 465, § 13; reenacted, Laws, 1984, ch. 471, § 13; Laws, 1984, ch. 488, § 218; reenacted, Laws, 1986, ch. 413, § 13; Laws, 1988, ch. 504, § 6; Laws, 2016, ch. 495, § 2, eff from and after July 1, 2016.

Editor’s Notes —

Section 27-104-1 provides that the term “Fiscal Management Board” shall mean the “Department of Finance and Administration”.

Laws of 1984, ch. 488, § 341, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

Laws of 1986, ch. 491, § 1, eff from and after passage (approved April 15, 1986), provides as follows:

“SECTION 1. The Mississippi Board of Corrections is hereby authorized to convey the right-of-way on the grounds of the Mississippi State Penitentiary, as is hereinafter described, exclusive of gas, water, mineral and subsurface rights, to Sunflower County, Mississippi, for the purpose of completing the Federal Aid Public Road Project No. RS-2847(2)B- Lombardy Road. Said specific right-of-way is described as follows:

“4.794 acres, more or less, located in Section 15, Township 24 North, Range 4 West, Sunflower County, Mississippi, and more particularly described as follows:

“Begin at a point on the centerline of the Lombardy Road at Station 512+89.14, with said point being the Southwest corner of Section 15; thence North 00 degrees 33´36/” East 410.86 feet to Station 517+ 00 along the said centerline; thence around a 00 degrees 24´30/” curve to the left a distance 399.97 feet to Station 520+ 99.97 along the said centerline; thence around a 00 degrees 24´30/” curve to the right a distance 399.97 feet to Station 524+99.94 along the said centerline; thence North 00 degrees 33´36/” East 2,672.71 feet to Station 551+72.65 along the said centerline; thence around a 00 degrees 30´00/” curve to the left at a distance 248.67 feet to Station 554+21.32 along the said centerline; thence North 00 degrees 41´00/” West 578.68 feet to Station 560+ 00 along the said centerline; thence West 10 feet to Station 560+00 thence North 00 degrees 41´00/” West 100 feet to Station 561+ 00; thence East 10 feet to Station 561+00, thence North 00 degrees 41´00/” West 410 feet to Station 565+10 along the said centerline; thence West 80 feet to Station 565+10; thence South 00 degrees 41’00” East 1,688.68 feet to Station 554+21.32; thence around a 00 degrees 30´00/” curve to the right a distance 248.67 feet to Station 551+72.65; thence South 00 degrees 33´36/” West 2,672.71 feet to Station 524+99.94; thence around a 00 degrees 24´30/” curve to the left a distance 399.97 feet to Station 520+99.97; thence around a 00 degrees 24´30/” curve to the right at a distance 399.97 feet to Station 517+00.00; thence South 00 degrees 33´36/” West 410.86 feet to Station 512+89.14; thence West 40.00 feet to Station 512+89.14 to the said centerline and the Point of Beginning.

“Less and Except: 2.996 acres, more or less, existing road right-of-way.

“The Attorney General shall assist in the preparation of legal documents necessary to transfer said right-of-way under the terms specified herein.”

Amendment Notes —

The 2016 amendment added (e).

Cross References —

Provisions providing that the state fiscal management board, acting through the bureau of budget and fiscal management, shall be the department of public accounts formerly in the office of the state auditor of public accounts, see §§7-7-2 et seq.

State fiscal management board, see §§27-104-1 et seq.

Further powers and duties of the commissioner, see §47-5-28.

Agreements to transfer state offenders to federal facilities, see §47-5-175.

Powers of board relating to penitentiary-made goods program, see §§47-5-301 et seq.

State board of corrections recommending rules and regulations concerning participation of state inmates in public service work programs, see §47-5-401.

State board’s approval required of rules governing participation of state inmates in joint state-county public service work programs, see §47-5-405.

Authority of state board of corrections to delegate functions relative to joint state-county public service work programs, see §47-5-419.

Provisions relative to prison system overcrowding and the exercise of powers which tend to reduce prison system population or expand operating capacity during states of emergency, see §§47-5-701 et seq.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 4, 5, 7.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 2 et seq.

§ 47-5-21. Repealed.

Repealed by Laws of 1988, ch. 504, § 60, eff from and after May 6, 1988.

[Codes, 1942, § 7928; Laws, 1964, ch. 378, § 8; brought forward, Laws, 1981, ch. 465, § 14; reenacted, Laws, 1984, ch. 471, § 14; Laws, 1986, ch. 413, § 14]

Editor’s Notes —

Former §47-5-21 authorized the removal of members of the board of corrections for cause.

§ 47-5-23. Management and control of correctional system to be vested in Department of Corrections.

The department shall be vested with the exclusive responsibility for management and control of the correctional system, and all properties belonging thereto, subject only to the limitations of this chapter, and shall be responsible for the management of affairs of the correctional system and for the proper care, treatment, feeding, clothing and management of the offenders confined therein. The commissioner shall have final authority to employ and discharge all employees of the correctional system, except as otherwise provided by law.

HISTORY: Codes, 1942, § 7930; Laws, 1964, ch. 378, § 10; Laws, 1974, ch. 539, § 2; Laws, 1976, ch. 440, § 22; reenacted, Laws, 1981, ch. 465, § 15; reenacted, Laws, 1984, ch. 471, § 15; reenacted, Laws, 1986, ch. 413, § 15, eff from and after passage (approved March 28, 1986).

Cross References —

Oath of employees of correctional system, see §47-5-41.

JUDICIAL DECISIONS

I. Under Current Law.

1. In general.

2.-5. [Reserved for future use].

II. Under Former Law.

6. In general.

I. Under Current Law.

1. In general.

In damages action brought by former inmate alleging, inter alia, breach of duty imposed by this section and by §§47-5-1 and47-5-45 [repealed], the court’s recognition of an immunity defense for the superintendents and the assistant superintendent, raised with regard to a cause of action brought under 42 USCS § 1983, was dispositive of this claim as well; simple negligence in the performance of the superintendents’ duties was not sufficient to support their liability for money damages for injuries suffered in prison by the plaintiff. Bogard v. Cook, 405 F. Supp. 1202, 1975 U.S. Dist. LEXIS 15354 (N.D. Miss. 1975), aff'd, 586 F.2d 399, 1978 U.S. App. LEXIS 6984 (5th Cir. Miss. 1978).

The district court’s findings that conditions at the Mississippi State Penitentiary denied inmates proper care, treatment, and feeding as required by statute, and the relief therein ordered, were affirmed. Gates v. Collier, 501 F.2d 1291, 1974 U.S. App. LEXIS 6790 (5th Cir. Miss. 1974).

There is a constitutional requirement for state defendants, in a suit by prison inmates for certain prison reforms, to establish certain time-tables for and proceed to implement (a) adequate medical facilities and services, and (b) the reduction of overcrowding of prison inmates at residential camps as well as the elimination of those residential camps unfit for human habitation. Gates v. Collier, 390 F. Supp. 482, 1975 U.S. Dist. LEXIS 14056 (N.D. Miss. 1975), aff'd, 525 F.2d 965, 1976 U.S. App. LEXIS 13465 (5th Cir. 1976).

Mississippi recognizes that its prisoners must be afforded civilized treatment, imposing on the penitentiary superintendent the general common law duty of the custodian of a prisoner to take proper care of him, and civil rights protestors, who were detained in the Mississippi penitentiary merely for the purpose of holding them for trial, with male prisoners required to strip naked and remain in such state for up to 32 hours and detained in cells with inadequate hygienic facilities and no bedding, and with female prisoners required to strip to their undergarments and permitted to have no personal belongings including medicine or sanitary napkins and given quantities of laxatives, and who brought an action against state and municipal authorities, were subjected to inhuman treatment in violation of this statute. Anderson v. Nosser, 438 F.2d 183, 1971 U.S. App. LEXIS 11905 (5th Cir. Miss. 1971), modified, 456 F.2d 835, 1972 U.S. App. LEXIS 10947 (5th Cir. Miss. 1972).

The superintendent of a state prison farm, vested with exclusive management and control thereof by virtue of Code 1942, § 7930, who inflicted cruel and unusual punishment upon civil rights demonstrators charged with parading without a permit who had not been arraigned or tried for the offense charged, violated 42 USCS § 1983. Anderson v. Nosser, 438 F.2d 183, 1971 U.S. App. LEXIS 11905 (5th Cir. Miss. 1971), modified, 456 F.2d 835, 1972 U.S. App. LEXIS 10947 (5th Cir. Miss. 1972).

2.-5. [Reserved for future use].

II. Under Former Law.

6. In general.

The superintendent of the state penitentiary is granted by statute exclusive management and control of the prison system. Morgan v. Cook, 236 So. 2d 749, 1970 Miss. LEXIS 1501 (Miss. 1970).

RESEARCH REFERENCES

ALR.

Wrongful discharge based on public policy derived from professional ethics codes. 52 A.L.R.5th 405.

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 4, 5, 7, 18.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 6 et seq.

§ 47-5-24. Commissioner of Corrections; appointment; compensation; qualifications; bond.

  1. The Governor shall appoint a Commissioner of Corrections, with the advice and consent of the Senate. Such commissioner may be removed by the Governor. The commissioner shall be the chief executive, administrative and fiscal officer of the department.
  2. The commissioner shall receive an annual salary fixed by the Governor, not to exceed the maximum authorized by law, in addition to all actual, necessary expenses incurred in the discharge of official duties, including mileage as authorized by law.
  3. The commissioner shall possess the following minimum qualifications:
    1. A master’s degree in corrections, criminal justice, guidance, social work, or some related field, and at least six (6) years full-time experience in corrections, including at least three (3) years of correctional management experience; or
    2. A bachelor’s degree in a field described in subparagraph (a) of this subsection and at least ten (10) years full-time work in corrections, five (5) years of which shall have been in correctional management; or
    3. Shall possess at least a bachelor’s degree and relevant experience in fiscal management in the private or public sector.
  4. The commissioner shall be required, upon assuming the duties of his office, to execute a good and sufficient bond payable to the State of Mississippi in the sum of Two Hundred Fifty Thousand Dollars ($250,000.00), conditioned upon an accurate accounting for all monies and property coming into his hands. The commissioner, upon approval by the Governor, may require of other officers, employees and agents of the department a good and sufficient bond in such sum as he may determine, subject to the minimum requirements set forth herein, payable to the State of Mississippi upon like condition. The bonds shall be approved by the Governor and filed with the Secretary of State, and shall be executed by a surety company authorized to do business under the laws of this state. The premium on any such bond shall be paid by the state out of the support and maintenance fund of the department.

HISTORY: Laws, 1976, ch. 440, § 13; Laws, 1978, ch. 520, § 11; reenacted, Laws, 1981, ch. 465, § 16; reenacted, Laws, 1984, ch. 471, § 16; reenacted, Laws, 1986, ch. 413, § 16; Laws, 1988, ch. 504, § 7, eff from and after passage (approved May 6, 1988).

Cross References —

Bond of public officers generally, see §§25-1-13 et seq.

Bond of auditor for correctional system, see §47-5-35.

Commissioner as director of nonprofit corporation formed to manage prison industries, see §47-5-541.

OPINIONS OF THE ATTORNEY GENERAL

Section 47-5-24, provides for the appointment of a Commissioner of Corrections by the Governor at any time in the normal course of events. Smith, February 16, 1995, A.G. Op. #95-0067.

No provision in Section 7-1-35 or in Section 47-5-24 provides for an interim appointment of a Commissioner of Corrections. The statutes make no distinction between an interim appointment and a permanent appointment and, in fact, do not contemplate two different types of appointment. Smith, February 16, 1995, A.G. Op. #95-0067.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions § 18.

63C Am. Jur. 2d, Public Officers and Employees §§ 487, 488.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 13, 15-16, 115.

§ 47-5-25. Repealed.

Repealed by Laws of 1976, ch. 440, § 92, eff from and after July 1, 1976.

[Laws, 1964, ch. 378, § 12; Laws, 1966, ch. 445, § 29; Laws, 1971, ch. 524, § 3; Laws, 1974, ch. 539, § 9]

Editor’s Notes —

Former §47-5-25 related to the qualifications, compensation and authority of the superintendent of the prison system and to the classification of prisoners.

§ 47-5-26. Commissioner of Corrections; employment of deputy commissioners, administrative assistant for parole matters, and prison superintendents.

  1. The commissioner shall employ the following personnel:
    1. A Deputy Commissioner for Administration and Finance, who shall supervise and implement all fiscal policies and programs within the department, supervise and implement all hiring and personnel matters within the department, supervise the department’s personnel director, supervise and implement all purchasing within the department and supervise and implement all data processing activities within the department, and who shall serve as the Chief Executive Officer of the Division of Administration and Finance. He shall possess either:
      1. A master’s degree from an accredited four-year college or university in public or business administration, accounting, economics or a directly related field, and four (4) years of experience in work related to the above-described duties, one (1) year of which must have included line or functional supervision; or
      2. A bachelor’s degree from an accredited four-year college or university in public or business administration, accounting, economics or a directly related field, and six (6) years of experience in work related to the above-described duties, one (1) year of which must have included line or functional supervision. Certification by the State of Mississippi as a certified public accountant may be substituted for one (1) year of the required experience.
    2. A Deputy Commissioner for Community Corrections, who shall initiate and administer programs, including, but not limited to, supervision of probationers, parolees and suspensioners, counseling, community-based treatment, interstate compact administration and enforcement, prevention programs, halfway houses and group homes, technical violation centers, restitution centers, presentence investigations, and work and educational releases, and shall serve as the Chief Executive Officer of the Division of Community Services. The Deputy Commissioner for Community Corrections is charged with full and complete cooperation with the State Parole Board and shall make monthly reports to the Chairman of the Parole Board in the form and type required by the chairman, in his discretion, for the proper performance of the probation and parole functions. After a plea or verdict of guilty to a felony is entered against a person and before he is sentenced, the Deputy Commissioner for Community Corrections shall procure from any available source and shall file in the presentence records any information regarding any criminal history of the person such as fingerprints, dates of arrests, complaints, civil and criminal charges, investigative reports of arresting and prosecuting agencies, reports of the National Crime Information Center, the nature and character of each offense, noting all particular circumstances thereof and any similar data about the person. The Deputy Commissioner for Community Corrections shall keep an accurate and complete duplicate record of this file and shall furnish the duplicate to the department. This file shall be placed in and shall constitute a part of the inmate’s master file. The Deputy Commissioner for Community Corrections shall furnish this file to the State Parole Board when the file is needed in the course of its official duties. He shall possess either: (i) a master’s degree in counseling, corrections psychology, guidance, social work, criminal justice or some related field and at least four (4) years’ full-time experience in such field, including at least one (1) year of supervisory experience; or (ii) a bachelor’s degree in a field described in subparagraph (i) of this paragraph and at least six (6) years’ full-time work in corrections, one (1) year of which shall have been at the supervisory level.
    3. A Deputy Commissioner for Institutions, who shall administer institutions, reception and diagnostic centers, prerelease centers and other facilities and programs provided therein, and shall serve as the Chief Executive Officer of the Division of Institutions. He shall possess either: (i) a master’s degree in counseling, criminal justice, psychology, guidance, social work, business or some related field, and at least four (4) years’ full-time experience in corrections, including at least one (1) year of correctional management experience; or (ii) a bachelor’s degree in a field described in subparagraph (i) of this paragraph and at least six (6) years’ full-time work in corrections, four (4) years of which shall have been at the correctional management level.
  2. The commissioner shall employ an administrative assistant for parole matters, who shall be an employee of the department assigned to the State Parole Board and who shall work under the guidance and supervision of the board.
  3. The administrative assistant for parole matters shall receive an annual salary to be established by the Legislature. The salaries of department employees not established by the Legislature shall receive an annual salary established by the State Personnel Board.
  4. The commissioner shall employ a superintendent for the Parchman facility, Central Mississippi Correctional Facility and South Mississippi Correctional Institution of the Department of Corrections. The Superintendent of the Mississippi State Penitentiary shall reside on the grounds of the Parchman facility. Each superintendent shall appoint an officer in charge when he is absent.

    Each superintendent shall develop and implement a plan for the prevention and control of an inmate riot and shall file a report with the Chairman of the Senate Corrections Committee and the Chairman of the House Penitentiary Committee on the first day of each regular session of the Legislature regarding the status of the plan.

    In order that the grievances and complaints of inmates, employees and visitors at each facility may be heard in a timely and orderly manner, each superintendent shall appoint or designate an employee at the facility to hear grievances and complaints and to report grievances and complaints to the superintendent. Each superintendent shall institute procedures as are necessary to provide confidentiality to those who file grievances and complaints.

  5. For a one-year period beginning July 1, 2016, any person authorized for employment under this section shall not be subject to the rules, regulations and procedures of the State Personnel Board, except as otherwise provided under Section 25-9-127(5).

HISTORY: Laws, 1976, ch. 440, § 14; Laws, 1978, ch. 520, § 12; reenacted, Laws, 1981, ch. 465, § 17; reenacted and amended, Laws, 1984, ch. 471, § 17; reenacted and amended, Laws, 1986, ch. 413, § 17; Laws, 1988, ch. 504, § 8; Laws, 1989, 1st Ex Sess, ch. 3, § 9; Laws, 1992, ch. 368 § 1; Laws, 1993, ch. 577, § 1; Laws, 1995, ch 419, § 1; Laws, 2002, ch. 624, § 1; Laws, 2014, ch. 457, § 63; Laws, 2016, ch. 495, § 3, eff from and after July 1, 2016.

Amendment Notes —

The 2002 amendment inserted “who” preceding “shall” near the end of the first sentence in (1)(a); in (b), substituted “Deputy Commissioner for Community Corrections” for “deputy commissioner for community services,” at the beginning of the first sentence, and substituted “shall” for “to” preceding “serve” near the end of the first sentence, substituted “Corrections” for “Services” following “Community” in the second, third, fourth, and sixth sentences, and inserted “some” preceding “related” in clause (i) of the seventh sentence; substituted “shall” for “to” preceding “serve” in the first sentence of (c); and made minor stylistic changes throughout.

The 2014 amendment inserted “technical violation centers,” in the first sentence of (1)(b).

The 2016 amendment added (5).

Cross References —

State Parole Board, see §47-7-5.

Technical violation centers, see §47-7-38.1.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 18 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners § 12.

§ 47-5-27. Repealed.

Repealed by Laws of 1976, ch. 440, § 92, eff from and after July 1, 1976.

[Laws, 1964, ch. 378, § 19; Laws, 1971, ch. 524, § 6; Laws, 1974, ch. 539, § 4; Laws, 1975, ch. 403]

Editor’s Notes —

Former §47-5-27 related to the surety bond of superintendent and other officers and employees of the prison system.

§ 47-5-28. Additional powers and duties of commissioner.

The commissioner shall have the following powers and duties:

To implement and administer laws and policy relating to corrections and coordinate the efforts of the department with those of the federal government and other state departments and agencies, county governments, municipal governments, and private agencies concerned with providing offender services;

To establish standards, in cooperation with other state agencies having responsibility as provided by law, provide technical assistance, and exercise the requisite supervision as it relates to correctional programs over all state-supported adult correctional facilities and community-based programs;

To promulgate and publish such rules, regulations and policies of the department as are needed for the efficient government and maintenance of all facilities and programs in accord insofar as possible with currently accepted standards of adult offender care and treatment;

To provide the Parole Board with suitable and sufficient office space and support resources and staff necessary to conducting Parole Board business under the guidance of the Chairman of the Parole Board;

To contract for transitional reentry center beds that will be used as noncorrections housing for offenders released from the department on parole, probation or post-release supervision but do not have appropriate housing available upon release. At least one hundred (100) transitional reentry center beds contracted by the department and chosen by the Parole Board shall be available for the Parole Board to place parolees without appropriate housing;

To make an annual report to the Governor and the Legislature reflecting the activities of the department and make recommendations for improvement of the services to be performed by the department;

To cooperate fully with periodic independent internal investigations of the department and to file the report with the Governor and the Legislature;

To make personnel actions for a period of one (1) year beginning July 1, 2016, that are exempt from State Personnel Board rules, regulations and procedures in order to give the commissioner flexibility in making an orderly, effective and timely reorganization and realignment of the department; and

To perform such other duties necessary to effectively and efficiently carry out the purposes of the department as may be directed by the Governor.

HISTORY: Laws, 1976, ch. 440, § 15; reenacted, Laws, 1981, ch. 465, § 18; reenacted, Laws, 1984, ch. 471, § 18; reenacted, Laws, 1986, ch. 413, § 18; Laws, 1988, ch. 504, § 9; Laws, 1989, 1st Ex Sess, ch. 3, § 10; Laws, 1995, ch. 416, § 2; Laws, 2014, ch. 457, § 49; Laws, 2016, ch. 495, § 4, eff from and after July 1, 2016.

Amendment Notes —

The 2014 amendment added (e) and redesignated the remaining subsections accordingly; and made minor punctuation changes in (c) and (h).

The 2016 amendment added (h), and redesignated former (h) and (i).

Cross References —

Further powers and duties of the commissioner, see §47-5-20.

Provisions relative to prison system overcrowding and the exercise of powers which tend to reduce prison system population or expand operating capacity during states of emergency, see §§47-5-701 et seq.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 18 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners § 14.

§ 47-5-29. Repealed.

Repealed by Laws of 1976, ch. 440, § 92, eff from and after July 1, 1976.

[Laws, 1964, ch. 378, § 13; Laws, 1971, ch. 524, § 4; Laws, 1974, ch. 539, § 5]

Editor’s Notes —

Former §47-5-29 related to the removal of the superintendent by the penitentiary board.

§ 47-5-30. Commissioner of Corrections; development of five-year strategic plan for operation of state correctional system.

  1. The Commissioner of Corrections shall develop a strategic plan for its operation of the state correctional system. The strategic plan shall cover a five-year period. The plan shall include, at a minimum, the following:
    1. A clearly defined comprehensive statement of the mission, goals and objectives of the agency;
    2. Performance effectiveness objectives for each facility under the jurisdiction of the department;
    3. A description of the department’s internal management system used to evaluate its performance in relation to projected levels;
    4. Detailed plans and strategies for meeting current and future needs and achieving goals and objectives established for the state correctional system;
    5. A detailed analysis of the use of current agency resources in meeting current needs and expected future needs, and additional resources that may be necessary to meet future needs;
    6. An analysis of factors affecting projected prison populations including impact of juveniles on prison populations and how populations are expected to change within the period of the plan;
    7. A plan to remove inmates from county jails.
  2. The department shall revise the plan annually.
  3. Upon completion of the initial plan and each revision, the department shall provide copies to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chairman of the Senate Corrections Committee, the Chairman of the House Penitentiary Committee, the Legislative Budget Office, the Performance Evaluation and Expenditure Review Committee, the Executive Director of the Department of Finance and Administration and the Legislative Reference Bureau.
  4. The commissioner shall develop the strategic plan before September 23, 1994.

HISTORY: Laws, 1994 Ex Sess, ch. 26, § 27; Laws, 2009, ch. 546, § 15, eff from and after passage (approved Apr. 15, 2009.).

Amendment Notes —

The 2009 amendment deleted “the State Auditor” following “House Penitentiary Committee” in (3).

§ 47-5-31. Reports by commissioner; inventory.

The commissioner shall monthly make to the Governor and to the State Fiscal Management Board and to the Chairmen of the Corrections Committee of the Senate and Penitentiary Committee of the House of Representatives full and complete reports of the fiscal affairs of such correctional system and of the general conditions with relation thereto. Not more than thirty (30) days after the end of each fiscal year said commissioner shall give a full and complete inventory of all property of every description belonging to the correctional system, and there shall be set opposite each item the book value of same. Such inventory shall further include a statement of the fiscal affairs of such system as of the last day of the fiscal year; and a sufficient number of copies of such inventory and report shall be printed to give general publicity thereto.

HISTORY: Codes, 1942, § 7931; Laws, 1964, ch. 378, § 11; Laws, 1974, ch. 539, § 6; Laws, 1976, ch. 440, § 23; reenacted, Laws, 1981, ch. 465, § 19; reenacted and amended, Laws, 1984, ch. 388; reenacted, Laws, 1984, ch. 471, § 19; reenacted and amended, Laws, 1986, ch. 413, § 19; Laws, 1988, ch. 504, § 10, eff from and after passage (approved May 6, 1988).

Editor’s Notes —

Section 27-104-1 provides that the term “Fiscal Management Board” shall mean the “Department of Finance and Administration.”

§ 47-5-33. Commissioner authorized to administer oaths, and to summon and examine witnesses.

The commissioner, in the discharge of his duties, is authorized to administer oaths, to summon and examine witnesses, and take such other steps as may be necessary to ascertain the truth of any matter about which he may have the right to inquire.

HISTORY: Codes, 1942, § 7941; Laws, 1964, ch. 378, § 21; Laws, 1976, ch. 440, § 24; reenacted, Laws, 1981, ch. 465, § 20; reenacted, Laws, 1984, ch. 471, § 20; reenacted, Laws, 1986, ch. 413, § 20; Laws, 1988, ch. 504, § 11, eff from and after passage (approved May 6, 1988).

Cross References —

Requirement that probationer submit to a chemical analysis test to detect presence of alcohol or controlled substance as condition of probation, see §47-7-35.

§ 47-5-35. Auditor for correctional system.

The Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) shall appoint an auditor to audit the correctional system, and provide sufficient office facilities in the Jackson office, who shall be a certified public accountant or an experienced accountant, whose duty shall be to audit all accounts of the state correctional system for the purpose of reporting to the Legislative Budget Office. He shall report whether supplies and products bought and sold are handled in accordance with law and when bought on samples and specifications whether they measure up to such samples and specifications when the goods are received. The auditor shall report on the letting of bids and shall make a determination that all bids are advertised and let in accordance with law and shall render a report on same. The auditor shall be responsible to make a periodic inventory on all goods, machinery, livestock, farm produce or any other property of the correctional system and make a report thereon to the Legislative Budget Office on such terms and conditions and as often as required by the committee. The salaries and expenses of such auditor or his employees shall be paid from funds appropriated for support of the Legislature or its committees.

Such auditor shall make, at least, a monthly report to the Legislative Budget Office and the Chairman of the Corrections Committee of the Senate and the Chairman of the Penitentiary Committee in the House of Representatives.

The auditor shall attend all the meetings of the board and shall be notified by the board of all meetings or specially called meetings. The Joint Legislative Committee on Performance Evaluation and Expenditure Review shall provide the auditor with a secretary and such personnel as it deems necessary.

HISTORY: Codes, 1942, § 7952; Laws, 1964, ch. 378, § 32; Laws, 1971, ch. 524, § 7; Laws, 1974, ch. 539 § 7; Laws, 1976, ch. 440, § 25; reenacted, Laws, 1981, ch. 465, § 21; reenacted, Laws, 1984, ch. 471, § 21; Laws, 1984, ch. 488, § 219; reenacted, Laws, 1986, ch. 413, § 21, eff from and after passage (approved March 28, 1986).

Cross References —

Bonds of public officers generally, see §§25-1-13 et seq.

Joint Legislative Budget Committee and Legislative Budget Office, generally, see §§27-103-101 et seq.

Public purchasing practices, see §31-7-11.

Bidding requirements for public purchases, see §31-7-13.

Bond of Commissioner of Corrections, see §47-5-24.

Remission to State Treasurer of funds belonging to correctional system, and payment of bills and accounts of correctional system, see §47-5-77.

How purchases are to be made, see §47-5-79.

Prohibition on sale of oil or gasoline, see §47-5-87.

Entry of bids, bills, and invoices in minutes before award or payment, see §47-5-105.

Cancellation of contracts upon finding of fact of auditor for the correctional system, see §47-5-107.

Audit of penitentiary-made goods, see §47-5-319.

Penalty for offering or receiving kickbacks, see §97-11-53.

RESEARCH REFERENCES

ALR.

Public officer’s bond as subject to forfeiture for malfeasance in office. 4 A.L.R.2d 1348.

Differences in character or quality of materials, articles, or work as affecting acceptance of bid for public contract. 27 A.L.R.2d 917.

Right of public authorities to reject all bids for public work or contract. 31 A.L.R.2d 469.

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions § 9.

CJS.

72 C.J.S., Prisons and Rights of Prisoners § 5.

§ 47-5-37. Fiscal comptroller, bookkeepers, and assistants; maintenance of modern accounting system; commissioner to sign warrants.

The commissioner shall employ a qualified fiscal comptroller who shall be a certified public accountant and who shall be charged with the responsibility of maintaining a modern accounting system which shall accurately reflect all fiscal transactions in such manner and in such form as shall be recommended by the State Fiscal Management Board. The commissioner shall employ such qualified bookkeepers and other clerical personnel as required to maintain the accounting system who shall devote their full time to their duties as employees of the correctional system. The fiscal comptroller shall make a monthly report to the Governor and Chairmen of Corrections Committee of the Senate and the Penitentiary Committee of the House of Representatives. The fiscal comptroller shall countersign all checks. The fiscal comptroller shall have sole responsibility for all purchases and the signing of all purchase orders issued by the correctional system. Such fiscal comptroller shall execute a good and sufficient bond payable to the State of Mississippi in the sum of Fifty Thousand Dollars ($50,000.00), conditioned for the satisfactory performance of the duties of his office, and the accurate accounting of any moneys and properties coming into his hands.

The commissioner or his designee shall sign all requisitions for issuance of warrant authorizing any disbursement of any sum or sums on account of the correctional system, and no money shall be paid out on any account of the correctional system except on a requisition for issuance of warrant signed by him or his designee.

HISTORY: Codes, 1942, § 7934; Laws, 1964, ch. 378, § 14; Laws, 1966, ch. 378, § 1; Laws, 1971, ch. 524, § 5; Laws, 1974, ch. 539 § 8; Laws, 1976, ch. 440, § 26; reenacted, Laws, 1981, ch. 465, § 22; reenacted, Laws, 1984, ch. 471, § 22; reenacted, Laws, 1986, ch. 413, § 22; Laws, 1988, ch. 504, § 12, eff from and after passage (approved May 6, 1988).

Editor’s Notes —

Section 27-104-1 provides that the term “Fiscal Management Board” shall mean the “Department of Finance and Administration”.

Cross References —

Oath of employees of correctional system, see §47-5-41.

§ 47-5-39. Fiscal impact notes.

  1. As used in this section, “fiscal note” means the estimated dollar cost to the state for the first year and the annual cost thereafter. The term “ten-year fiscal note” means the estimated dollar cost to the state over the ten-year period following passage or adoption of the subject of the fiscal note.
  2. Whenever legislation is introduced in the Legislature, which would establish a new criminal offense or would amend the sentencing provisions of an existing criminal offense, the Department of Corrections shall provide a fiscal note and a ten-year fiscal note on the proposed legislation upon the request of any member of the Legislature. The fiscal note shall be published in electronic form on the Mississippi Legislature website as provided in Section 5-1-85.
  3. State agencies and political subdivisions shall cooperate with the department in preparing fiscal notes and the ten-year fiscal notes. Such agencies and political subdivisions shall submit requested information to the department in a timely fashion.
  4. In preparing fiscal notes and the ten-year fiscal notes, the department must accurately report to the Legislature information provided to the department by state agencies and political subdivisions.
  5. The department may request information from nongovernmental agencies and organizations to assist in preparing the fiscal note and the ten-year fiscal note.

HISTORY: Laws, 2014, ch. 457, § 64, effective from and after July 1, 2014.

Editor’s Notes —

A former §47-5-39 provided for the employment of a prison physician, a dentist, a psychiatrist and nurses, their compensation and residences, and provided that prison employees and dependents are entitled to free medical and dental care.

A former §47-5-39 [Laws, 1964, ch. 378, § 41; Laws, 1966, ch. 380, § 1; Laws, 1971, ch. 524, § 9; Laws, 1973, ch. 320, § 1; Laws, 1974, ch. 539, § 9; Laws, 1975, ch. 425; Repealed by Laws, of 1976, ch. 440, § 92, eff from and after July 1, 1976] provided for the employment of a prison physician, a dentist, a psychiatrist and nurses, their compensation and residences, and provided that prison employees and dependents are entitled to free medical and dental care.

§ 47-5-41. Employees’ oath of office.

All employees, before entering upon their duties, shall take and subscribe the following oath to be filed and preserved by the commissioner:

“I do solemnly swear (or affirm) that I will faithfully and diligently perform all the duties required of me as_______________of the correctional system, and will observe and execute the laws, rules and regulations passed and prescribed for the government thereof so far as the same concerns or pertains to any employment, and that I will not ill-treat or abuse any offender under my care contrary to the law and the rules and regulations prescribed by legal authority. So help me God.”

HISTORY: Codes, 1942, § 7962; Laws, 1964, ch. 378, § 42; Laws, 1966, ch. 445, § 30; Laws, 1974, ch. 539, § 10; Laws, 1976, ch. 440, § 27; reenacted, Laws, 1981, ch. 465, § 23; reenacted, Laws, 1984, ch. 471, § 23; reenacted, Laws, 1986, ch. 413, § 23, eff from and after passage (approved March 28, 1986).

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Officers and Employees §§ 124 et seq.

CJS.

67 C.J.S., Officers and Public Employees § 46.

§ 47-5-43. Workers’ compensation coverage.

The commissioner shall purchase workers’ compensation insurance with coverage for all personnel employed by the department as authorized by law, and all personnel shall be entitled to the benefits prescribed by the operation of law, Sections 71-3-1 through 71-3-111, as the same is now or may hereafter be amended, cited as the “Workers’ Compensation Law.”

HISTORY: Codes, 1942, § 7962.5; Laws, 1971, ch. 439, § 1; Laws, 1976, ch. 440, § 28; reenacted, Laws, 1981, ch. 465, § 24; reenacted, Laws, 1984, ch. 471, § 24; reenacted and amended, Laws, 1986, ch. 413, § 24, eff from and after passage (approved March 28, 1986).

§ 47-5-45. Repealed.

Repealed by Laws of 1976, ch. 440, § 92, eff from and after July 1, 1976.

[Laws, 1964, ch. 378, § 67]

Editor’s Notes —

Former §47-5-45 related to qualifications of sergeants, guards and drivers, applications for employment, and uniforms.

§ 47-5-47. Nepotism prohibited; employees not to be interested in contracts.

It shall be unlawful for any person related by affinity or consanguinity within the third degree computed according to the rules of the civil law to the Governor, Lieutenant Governor or commissioner to accept any employment in the state correctional system, neither shall the commissioner or other officer or employee of the state correctional system be directly or indirectly interested in any contract, purchase or sale for or in behalf of or on account of the state correctional system.

HISTORY: Codes, 1942, § 7952; Laws, 1964, ch. 378, § 32; Laws, 1971, ch. 524, § 7; Laws, 1976, ch. 440, § 29; reenacted, Laws, 1981, ch. 465, § 25; reenacted, Laws, 1984, ch. 471, § 25; reenacted, Laws, 1986, ch. 413, § 25; Laws, 1988, ch. 504, § 13, eff from and after passage (approved May 6, 1988).

RESEARCH REFERENCES

ALR.

Validity, construction, and effect of state constitutional or statutory provision regarding nepotism in the public service. 11 A.L.R.4th 826.

§ 47-5-49. Employees not to engage in other business.

Neither the commissioner nor any other employee, save physicians and chaplains not employed for all their time, shall have or engage in any other business during his normal hours of employment that may require his personal attention or time. The Governor, in the case of the commissioner, and the commissioner in the case of any other employee shall receive prior notification and approve outside employment and the respective parties named herein shall punish a violation of this provision by the dismissal of the employee if the offense justifies such dismissal.

HISTORY: Codes, 1942, § 7953; Laws, 1964, ch. 378, § 33; Laws, 1971, ch. 524, § 8; Laws, 1976, ch. 440, § 30; reenacted, Laws, 1981, ch. 465, § 26; reenacted, Laws, 1984, ch. 471, § 26; reenacted, Laws, 1986, ch. 413, § 26; Laws, 1988, ch. 504, § 14, eff from and after passage (approved May 6, 1988).

JUDICIAL DECISIONS

1. Prohibited conduct.

Trial court erred in overturning the denial of unemployment benefits to a corrections employee who was terminated where the employee admitted to distributing bootleg copies of DVDs to coworkers while at work, in violation of Miss. Code Ann. §47-5-49; employee also admitted knowing that distributing bootleg copies of DVDs was illegal under Miss. Code Ann. §97-23-87(3)(a)(i) and Miss. Code Ann. §97-23-89(2). Miss. Dep't of Corr. v. Scott, 929 So. 2d 975, 2006 Miss. App. LEXIS 376 (Miss. Ct. App. 2006).

§ 47-5-51. Repealed.

Repealed by Laws of 1983, ch. 469, § 10, eff from and after July 1, 1983.

[Codes, 1942, § 7954; Laws, 1964, ch. 378, § 34; Laws, 1976, ch. 440, § 31; reenacted, Laws, 1981, ch. 465, § 27]

Editor’s Notes —

Former §47-5-51 prohibited prison employees from having an interest in prison contracts.

§ 47-5-53. Repealed.

Repealed by Laws of 1976, ch. 440, § 92, eff from and after July 1, 1976.

[Laws, 1964, ch. 378, § 37]

Editor’s Notes —

Former §47-5-53 prohibited prison officers or employees from owning, renting, leasing or working land within fifteen (15) miles of the state farm, and provided for a fine and dismissal.

§ 47-5-54. Status of employees as peace officers; promulgation and enforcement of speed limits upon grounds of correctional facilities.

Employees assigned to the canine unit of the department may, upon request, assist law enforcement agencies by using specially trained dogs in any matter relating to the tracking, discovery or capture of any person in the enforcement of criminal statutes pertaining to the possession, sale or use of narcotics or other dangerous drugs, or in the pursuit of suspected felons and, while so doing, shall have the status of peace officers anywhere in the state and shall have the status of law enforcement officers and peace officers as contemplated by Sections 45-6-3, 97-3-7 and 97-3-19.

Employees of the department while performing their officially assigned duties relating to the custody, control, transportation, recapture or arrest of any offender within the jurisdiction of the department or any offender of any jail, penitentiary, public workhouse or overnight lockup of the state or any political subdivision thereof not within the jurisdiction of the department, shall have the status of peace officers anywhere in the state in any matter relating to the custody, control, transportation or recapture of such offender, and shall have the status of law enforcement officers and peace officers as contemplated by Sections 45-6-3, 97-3-7 and 97-3-19.

The commissioner may appoint investigators with the Corrections Investigation Division who have been certified by the Board on Law Enforcement Officer Standards and Training and who shall be empowered to investigate and enforce all applicable regulations of the department, which are related to the functions and missions of the department, and all laws of the State of Mississippi and who shall be empowered to investigate and enforce all laws of the State of Mississippi in private correctional facilities and regional county correctional facilities. These employees shall have the status of law enforcement officers and peace officers as contemplated by Sections 45-6-3, 97-3-7 and 97-3-19.

These officers shall be under the supervision of the commissioner. These officers may perform any service of process required to be performed at any facility owned by the Department of Corrections, at any private correctional facility or at any regional county correctional facility.

The commissioner may promulgate rules regulating the speed of motor vehicles on roads within the grounds of any correctional facility and such restrictions may be enforced by employees of the department by citation or as otherwise prescribed by law.

HISTORY: Laws, 1976, ch. 440, § 18; reenacted, Laws, 1981, ch. 465, § 28; Laws, 1983, ch. 345; reenacted and amended, Laws, 1984, ch 471, § 27; reenacted, Laws, 1986, ch. 413, § 27; Laws, 1986, ch. 485, § 1; Laws, 1992, ch. 333, § 1; Laws, 1996, ch. 422, § 1; Laws, 1998, ch. 390, § 1; Laws, 2006, ch. 361, § 1; Laws, 2006, ch. 454, § 1, eff from and after passage (approved Mar. 23, 2006.).

Joint Legislative Committee Note —

Section 1 of ch. 454, Laws of 2006, effective from and after passage (approved March 13, 2006), amended this section. Section 1 of ch. 361, Laws of 2006, effective from and after passage (approved March 23, 2006), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 361, Laws of 2006, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Amendment Notes —

The first 2006 amendment (ch. 361), substituted “Corrections Investigation” for “internal audit” and substituted “Board on Law Enforcement Officer Standards and Training” for “law enforcement academy” near the beginning of the first sentence of the third paragraph.

The second 2006 amendment (ch. 454), substituted “investigators with the Corrections Investigation Division who have been certified by the Board on Law Enforcement Officer Standards and Training” for “investigators with the internal audit division who have been certified by the law enforcement academy” in the first sentence of the third paragraph.

Cross References —

Mississippi Law Enforcement Officers’ Training Academy, see §§45-5-1 et seq.

Definition of “law enforcement officer,” see §45-6-3.

Provision that the Commissioner of Corrections may set speed limits on roads of correctional facilities, which speed limits become effective when appropriate signs giving notice thereof are erected, see §63-3-511.

Sexual penetration of incarcerated offenders by law enforcement officers or employees, see §97-3-104.

OPINIONS OF THE ATTORNEY GENERAL

Correctional officers may be eighteen years of age unless they are designated with the status of “peace officer”. Stringer, March 20, 1998, A.G. Op. #98-0125.

RESEARCH REFERENCES

ALR.

Validity, construction, and application of state statute criminalizing possession of contraband by individual in penal or correctional institution. 45 A.L.R.5th 767.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 14, 17, 19-21, 23-25.

§ 47-5-55. Exemption from jury service.

The officers and employees of the state correctional system are exempt from jury service.

HISTORY: Codes, 1942, § 7974; Laws, 1964, ch. 378, § 54; Laws, 1976, ch. 440, § 32; reenacted, Laws, 1981, ch. 465, § 29; reenacted, Laws, 1984, ch. 471, § 28; reenacted, Laws, 1986, ch. 413, § 28, eff from and after passage (approved March 28, 1986).

Cross References —

Exemptions from jury duty generally, §13-5-23.

§ 47-5-56. Lease of property; operating funds; disposal of income; transfer of property.

The department shall lease to the Mississippi Commission on Wildlife, Fisheries and Parks for a period of twenty (20) years all timberlands in Quitman County for an annual rental of One Dollar ($1.00). The lands so leased to the Mississippi Commission on Wildlife, Fisheries and Parks shall be used and maintained as a public game and fish management area. Proceeds from the sale of the timber or from any forest management practice shall be deposited into the Lambert State Forest Revolving Fund created in Section 47-5-78. All costs associated with the management of timber shall be paid from the fund. The remaining funds shall then be deposited in the Prison Agricultural Enterprises Fund, as created in Section 47-5-66. Any timber needed in the building operations carried on by the department may be purchased by the department at a cost not to exceed the cost of the management of that timber. Upon the transfer of the real property described in Section 1 of Chapter 517, Laws of 2001, to the Department of Wildlife, Fisheries and Parks, the department and the Mississippi Department of Wildlife, Fisheries and Parks may terminate or modify as appropriate any lease entered into under this section regarding such property.

HISTORY: Laws, 1974, ch. 539, § 18; Laws, 1978, ch. 301, § 3; brought forward, Laws, 1981, ch. 465, § 30; reenacted and amended, Laws, 1984, ch. 421, § 1; reenacted, Laws, 1984, ch. 471, § 29; reenacted, Laws, 1986, ch. 413, § 29; Laws, 1988, ch. 504, § 15; Laws, 1992, ch. 506, § 11; Laws, 1996, ch. 337, § 2; Laws, 2000, ch. 362, § 1; Laws, 2001, ch. 517, § 2, eff from and after Mar. 30, 2001.

Editor’s Notes —

Laws of 2001, ch. 517, § 1, provides as follows:

“Section 1. (1) The Department of Corrections shall transfer and convey to the Department of Wildlife, Fisheries and Parks for the consideration of Five Hundred Thousand Dollars ($500,000.00) certain real property located in Quitman County, Mississippi, also known as the “O’Keefe Division Lands”, described more specifically as follows:

“All Mississippi Department of Corrections lands that lie in Township 26, Range 1 West, Section 2 less the NW 1/4 and the N 1/2 of the SW 1/4, Section 3, Section 10, Section 11, Section 12, Section 13, Section 14, Section 15, Section 22, Section 23, Section 24, Section 25, Section 26, Section 27 of Quitman County, Mississippi.

“(2) The Department of Wildlife, Fisheries and Parks is authorized to acquire the property described in subsection (1) and to pay the consideration therefor out of any funds available. Upon completion of the conveyance, the Department of Wildlife, Fisheries and Parks shall assume all supervision, management, maintenance and control of the property described in subsection (1) of this section and shall receive all revenue derived from such property.

“(3) Any funds received from the sale of the property described in subsection (1) of this section shall be deposited into a special fund in the State Treasury to be used by the Mississippi Department of Corrections for the general support of the department. Unexpended amounts remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund. Any interest earned or investment earnings on amounts in the fund shall be deposited into the special fund.”

Cross References —

Agricultural extension services of Mississippi State University of Agriculture and Applied Science, see §37-113-19.

Agricultural leases of prison lands to private entities, generally, see §47-5-64.

Publication requirements and submission of bids relating to agricultural leases of prison lands to private entities, see §47-5-66.

Establishment, regulation, and purchase of lands for game and fish management areas, see §§49-5-11 through49-5-15.

Powers and duties of State Game and Fish Commission, see §49-1-29.

Management by State Forestry Commission of growing and cutting of timber, see §49-19-3.

RESEARCH REFERENCES

CJS.

72 C.J.S., Prisons and Rights of Prisoners § 5.

73B C.J.S., Public Lands § 287-295.

§ 47-5-57. Repealed.

Repealed by Laws of 2001, ch. 517, § 3, eff from and after passage (approved March 30, 2001).

[Laws, 1997, ch. 412, § 1, eff from and after passage (approved March 24, 1997).]

Editor’s Notes —

Former §47-5-57 required a public hearing to be held before timber was cleared by the Department of Corrections on the O’Keefe Division Lands.

§ 47-5-58. Sales by commissary to persons or agencies.

The commissary located at any facility of the correctional system shall not sell to any person or agency, any food or other commodities, whether produced by the correctional system or not, for any amount less than the wholesale price of such food or other commodities in the area of the facility.

HISTORY: Laws, 1973, ch. 380, § 2; Laws, 1976, ch. 440, § 34; reenacted, Laws, 1981, ch. 465, § 32; reenacted, Laws, 1984, ch. 471, § 30; reenacted, Laws, 1986, ch. 413, § 30, eff from and after passage (approved March 28, 1986).

§ 47-5-59. Repealed.

Repealed by Laws of 1984, ch. 398, eff from and after July 1, 1984.

[Codes, 1942, § 7970; Laws, 1964, ch. 378, § 50; Laws, 1974, ch. 539, § 12; Laws, 1976, ch. 440, § 35; reenacted, Laws, 1981, ch. 465, § 33]

Editor’s Notes —

Former §47-5-59 pertained to price support loans from federal agencies.

§ 47-5-60. Repealed.

Repealed by Laws of 1992, ch. 506, § 14, eff from and after passage (approved May 15, 1992).

[Laws, 1974, ch. 539, § 20; Laws, 1976, ch. 440, § 36; reenacted, Laws, 1981, ch. 465, § 34; reenacted, Laws, 1984, ch. 471, § 31; Laws, 1984, ch. 488, § 220; reenacted, Laws, 1986, ch. 413, § 31]

Editor’s Notes —

Former §47-5-60 required the commissioner to transfer the title to all farm equipment, livestock, farm buildings and dwellings to the lessee of any lands leased from the Department of Corrections.

§ 47-5-61. Repealed.

Repealed by Laws of 1976, ch. 440, § 92, eff from and after July 1, 1976.

[Laws, 1964, ch. 378, § 38; Laws, 1974, ch. 539, § 13]

Editor’s Notes —

Former §47-5-61 authorized the penitentiary board to insure the cotton and cottonseed raised on the state farms.

§ 47-5-62. Repealed.

Repealed by Laws of 1984, ch. 420, § 2, eff from and after July 1, 1984.

[Laws, 1974, ch. 539, § 22; Laws, 1976, ch. 440, § 37; Laws, 1978, ch. 301, § 4; reenacted, Laws, 1981, ch. 465, § 35]

Editor’s Notes —

Former §47-5-62 pertained to the status of leased farmlands.

§ 47-5-63. Repealed.

Repealed by Laws of 1976, ch. 440, § 92, eff from and after July 1, 1976.

[Laws, 1964, ch. 378, § 51; Laws, 1974, ch. 539, § 14]

Editor’s Notes —

Former §47-5-63 dealt with the sale or other disposition of cotton, cottonseed, or other goods advertised for sale where no bids are received or bids are rejected.

§ 47-5-64. Agricultural leases of prison lands to private entities; reservation of additional land for agricultural or nonagricultural projects of Department of Corrections; lease of prison land for power generation or other commercial or industrial projects.

  1. The commissioner is hereby directed to determine the number of acres and location of land under the department’s jurisdiction that are needed for security purposes, for Prison Agricultural Enterprises and for nonagricultural purposes. The commissioner shall designate and reserve such additional land for agricultural or nonagricultural enterprise projects of the department, as he deems necessary. The commissioner shall then recommend to the Department of Finance and Administration the number of acres of department land that should be leased to private entities and the term of the leases.
  2. The Department of Finance and Administration is authorized to lease for agricultural purposes that Penitentiary land so recommended for not less than three (3) nor more than eight (8) years, with the approval of the Public Procurement Review Board.
  3. The Department of Finance and Administration, with the approval of the Governor, the Secretary of State and the Commissioner of the Department of Corrections, is authorized to lease Penitentiary land for power generation projects or other commercial or industrial projects at the same time that it leases the land as prescribed in subsection (2) of this section. The Department of Finance and Administration is authorized to negotiate all aspects of leases or related agreements executed under this subsection consistent with the following:
    1. The period of the lease term combined with the term of renewal shall not exceed forty (40) years.
    2. Any lease or renewal lease shall:
      1. Provide for periodic rent adjustments throughout the term of the lease; and
      2. Require the lessee to provide a decommissioning and restoration bond or other security securing the lessee’s obligation to remove all aboveground and underground facilities to a depth of at least three (3) feet underground and to restore the surface to a condition similar to its condition before the commencement of the lease.
    3. Any lease or renewal lease may provide for any combination of the following: base rent, bonuses, percentage of income payments, royalty payments or other terms and conditions that the Department of Finance and Administration deems necessary to maintain a fair and equitable return to the state and to protect the leased land throughout the term of the lease or renewal lease.
    4. Oil, gas and mineral rights in the leased land shall be reserved to the State of Mississippi.
    5. This subsection does not authorize the sale or transfer of title to any state lands.
    6. The Department of Finance and Administration may charge fees and expenses, not to exceed costs, incurred in administering this subsection.
    7. Any monies derived from leasing lands under this subsection shall be deposited to the Prison Agricultural Enterprise Fund as provided in Section 47-5-66.

HISTORY: Laws, 1978, ch. 301, § 1; brought forward, Laws, 1981, ch. 465, § 36; reenacted, Laws, 1984, ch. 471, § 32; Laws, 1984, ch. 488, § 221; reenacted, Laws, 1986, ch. 413, § 32; Laws, 1986, ch. 425, § 1; Laws, 1988, ch. 504, § 16; Laws, 1992, ch. 506, § 12; Laws, 2007, ch. 351, § 1; Laws, 2012, ch. 538, § 1, eff from and after July 1, 2012.

Editor’s Notes —

Laws of 1984, ch. 488, § 341, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

Amendment Notes —

The 2007 amendment substituted “commissioner” for “Mississippi Commissioner of Corrections” and “Department of Finance and Administration” for “Governor’s Office of General Services” throughout; and in the last sentence, substituted “three (3)” for “one (1)” and “eight (8)” for “three (3)” respectively.

The 2012 amendment designated the first three sentences of the former section as (1), and therein, added “and for nonagricultural” in the first sentence, inserted “or nonagricultural” in the second sentence, and made minor stylistic changes; designated the last sentence of the former section as (2), and therein, substituted “is authorized” for “shall have the authority”; and added (3).

Cross References —

Creation of the office of general services, see §7-1-451.

Department of Finance and Administration generally, see §§27-104-101 et seq.

Leasing of sixteenth section lands, see §§29-3-51 et seq.

Publication requirements and submission of bids relating to agricultural leases of prison lands to private entities, see §47-5-66.

Duties of the Public Procurement Review Board with respect to the leasing of prison agricultural lands, see §47-5-66.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands § 67.

CJS.

72 C.J.S., Prisons and Rights of Prisoners § 5.

§ 47-5-65. Repealed.

Repealed by Laws of 1976, ch. 440, § 92, eff from and after July 1, 1976.

[Laws, 1964, ch. 378, § 52; Laws, 1974, ch. 539, § 15]

Editor’s Notes —

Former §47-5-65 authorized the penitentiary board to engage the services of an agent for the sale of cotton.

§ 47-5-66. Agricultural leases of prison lands to private entities; procedures; methods of payment of rents; disposal of income; fee per acre in lieu of ad valorem taxes.

  1. Except as provided in Section 47-5-64(3), it shall be the duty of the Department of Finance and Administration, with the approval of the Public Procurement Review Board, to lease lands at public contract upon the submission of two (2) or more sealed bids to the Department of Finance and Administration after having advertised the land for rent in newspapers of general circulation published in Jackson, Mississippi; Memphis, Tennessee; the county in which the land is located; and contiguous counties for a period of not less than two (2) successive weeks. The first publication shall be made not less than ten (10) days before the date of the public contract, and the last publication shall be made not more than seven (7) days before that date. The Department of Finance and Administration may reject any and all bids. If all bids on a tract or parcel of land are rejected, the Department of Finance and Administration may then advertise for new bids on that tract or parcel of land. Successful bidders shall take possession of their leaseholds at the time authorized by the Department of Finance and Administration. However, rent shall be due no later than the day upon which the lessee shall assume possession of the leasehold, and shall be due on the anniversary date for each following year of the lease. The Department of Finance and Administration may provide in any lease that rent shall be paid in full in advance or paid in installments, as may be necessary or appropriate. In addition, the Department of Finance and Administration may accept, and the lease may provide for, assignments of federal, state or other agricultural support payments, growing crops or the proceeds from the sale thereof, promissory notes, or any other good and valuable consideration offered by any lessee to meet the rent requirements of the lease. If a promissory note is offered by a lessee, it shall be secured by a first lien on the crop of the lessee, or the proceeds from the sale thereof. The lien shall be filed pursuant to Article 9 of the Uniform Commercial Code and Section 1324 of the Food Security Act of 1985, as enacted or amended. If the note is not paid at maturity, it shall bear interest at the rate provided for judgments and decrees in Section 75-17-7 from its maturity date until the note is paid. The note shall provide for the payment of all costs of collection and reasonable attorney’s fees if default is made in the payment of the note. The payment of rent by promissory note or any means other than cash in advance shall be subject to the approval of the Public Procurement Review Board, which shall place the approval of record in the minutes of the board.
  2. There is created a special fund to be designated as the “Prison Agricultural Enterprises Fund” and to be used for the purpose of conducting, operating and managing the agricultural and nonagricultural enterprises of the department. Any monies derived from the leasing of Penitentiary lands, from the sales of timber as provided in Section 47-5-56, from the prison’s agricultural enterprises or earmarked for the Prison Industries Fund shall be deposited to the special fund. However, fifteen percent (15%) of the monies derived from the leasing of Penitentiary lands under Section 47-5-64(3) shall be deposited to a special fund to be distributed annually on a student pro rata basis to the public schools located in Sunflower County by the Department of Finance and Administration.
  3. All profits derived from prison industries shall be placed in a special fund in the State Treasury to be known as the “Prison Industries Fund,” to be appropriated each year by the Legislature to the nonprofit corporation, which is required to be organized under the provisions of Section 47-5-535, for the purpose of operating and managing the prison industries.
  4. The state shall have the rights and remedies for the security and collection of the rents given by law to landlords.
  5. Lands leased for agricultural purposes under Section 47-5-64(2) shall be subject to a fee-in-lieu of ad valorem taxes, including taxes levied for school purposes. The fee-in-lieu shall be Nine Dollars ($9.00) per acre. Upon the execution of the agricultural leases to private entities as authorized by Section 47-5-64(2), the Department of Finance and Administration shall collect the in lieu fee and shall forward the fees to the tax collector in which the land is located. The tax collector shall disburse the fees to the appropriate county or municipal governing authority on a pro rata basis. The sum apportioned to a school district shall not be less than the school district’s pro rata share based upon the proportion that the millage imposed for the school district by the appropriate levying authority bears to the millage imposed by the levying authority for all other county or municipal purposes. Any funds obtained by the corporation as a result of sale of goods and services manufactured and provided by it shall be accounted for separate and apart from any funds received by the corporation through appropriation from the State Legislature. All nonappropriated funds generated by the corporation shall not be subject to appropriation by the State Legislature.
  6. Any land leased, as provided under Section 47-5-64(2), shall not be leased for an amount less than would be received if such land were to be leased under any federal loan program. In addition, all leases shall be subject to the final approval of the Public Procurement Review Board before such leases are to become effective.

HISTORY: Laws, 1978, ch. 301, § 2; brought forward, Laws, 1981, ch. 465, § 37; reenacted, Laws, 1984, ch. 471, § 33; Laws, 1984, ch. 488, § 222; reenacted, Laws, 1986, ch. 413, § 33; Laws, 1987, ch. 463; Laws, 1988, ch. 504, § 17; Laws, 1989, ch. 308, § 1; Laws, 1990, ch. 534, § 24; Laws, 1992, ch. 506, § 13; Laws, 1994, ch. 369, § 1; Laws, 1996, ch. 388, § 1; reenacted and amended, Laws, 1997, ch. 367, § 1; reenacted and amended, Laws, 1998, ch. 420, § 1; Laws, 1999, ch. 536, § 1; Laws, 2000, ch. 362, § 2; Laws, 2001, ch. 363, § 1; Laws, 2002, ch. 334, § 1; Laws, 2004, ch. 483, § 1; reenacted and amended, Laws, 2006, ch. 396, § 1; Laws, 2007, ch. 576, § 1; Laws, 2008, ch. 321, § 1; Laws, 2009, ch. 420, § 1; Laws, 2012, ch. 538, § 2, eff from and after July 1, 2012.

Joint Legislative Committee Note —

Section 1 of ch. 363 Laws, 2001, effective from and after passage (approved March 11, 2001), amended this section. Section 1 of ch. 407, Laws, 2001, effective from and after July 1, 2001 also amended this section. As set out above, this section reflects the language of Section 1 of ch. 407, Laws, 2001, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect earlier.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Laws of 1984, ch. 488, § 341, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

Laws of 1987, ch. 463, § 2, provided for the repeal of this section effective July 1, 1991. Subsequently, Laws of 1989, ch. 308, § 2, amended Laws of 1987, ch. 463, § 2, so as to remove the provision for the repeal of this section.

Laws of 1994, ch. 369, § 2, provides as follows:

“SECTION 2. The Department of Corrections and the State Forestry Commission shall study and prepare a reforestation plan for prison lands. The Department of Corrections and the State Forestry Commission shall submit the plan and any other recommendations to the Senate Forestry Committee, the Senate Corrections Committee and the House Penitentiary Committee no later than September 2, 1994.”

Amendment Notes —

The 2002 amendment extended the date of the repealer in (2) from “July 1, 2002” until “July 1, 2004.”

The 2004 amendment extended the date of the repealer in (2) from “July 1, 2004” until “July 1, 2005”.

The 2006 amendment reenacted and amended the section by making a minor stylistic change in (1); and extended the date of the repealer in (2) from “July 1, 2005” until “July 1, 2007.”

The 2007 amendment, in the first paragraph of (1), deleted “State” preceding “Department of Finance” throughout, deleted “Mississippi” preceding “Uniform Commercial Code,” added “Lands leased for . . . ($9.00) per acre,” substituted “Department of Finance and Administration . . . all other county or municipal purposes” for “authorized by Section 47-5-64, the leased land shall be liable to be taxed as other lands are taxed during the continuance of the lease, but in case of sale thereon for taxes, only the title of the leaseholder or his heirs or assigns shall pass by the sale,‘ and made a minor stylistic change; added the second paragraph of (1); and substituted “July 1, 2008” for “July 1, 2007” in (2).

The 2008 amendment extended the date of the repealer for the section by substituting “July 1, 2009” for “July 1, 2008.”

The 2009 amendment added (2).

The 2012 amendment subdivided the first paragraph of (1) into (1) through (5); added the exception at the beginning of (1); rewrote present (2), which read: “There is created a special fund to be designated as the ‘Prison Agricultural Enterprises Fund.’ Any monies in hand or due from the leasing of Penitentiary lands and the sales of timber as provided in Section 47-5-56 and earmarked for the Prison Industries Fund shall be deposited to the special fund for prison agricultural enterprises. All monies in each fiscal year derived from the leasing of the Penitentiary lands and the sales of timber as provided in Section 47-5-56 shall be deposited into the special fund for the purpose of conducting, operating and managing the prison agricultural enterprises of the department”; updated the section references in present (5); designated the former second paragraph of the section as (6), and therein, substituted “provided under Section 47-5-64(2)” for “provided in this section”; and deleted the former last paragraph of the section, which read: “This section shall be repealed from and after July 1, 2014.”

Cross References —

Creation of the office of general services, see §7-1-451.

Creation of tax lien by this section and time that such lien attaches, see §27-35-1.

Sale by state forestry commission of timber from leased timberlands, see §47-5-56.

Agricultural leases of prison lands to private entities, generally, see §47-5-64.

Expenditures from and deposits to prison industries fund, see §47-5-323.

Payment of per diem and expenses of members of the prison industries advisory council from the prison industries fund, see §47-5-329.

Article 9 of the Mississippi Uniform Commercial Code, see §§75-9-101 et seq.

Federal Aspects—

Section 1324 of the Food Security Act of 1985, see 7 USCS § 1631.

RESEARCH REFERENCES

Am. Jur.

63C Am. Jur. 2d, Public Lands § 67.

15A Am. Jur. Legal Forms 2d, Public Lands § 212:16 (notice – to potential bidders – for lease of public lands).

CJS.

72 C.J.S., Prisons and Rights of Prisoners § 5.

§ 47-5-67. Repealed.

Repealed by Laws of 1976, ch. 440, § 92, eff from and after July 1, 1976.

[Laws, 1968, ch. 379; Laws, 1974, ch. 539, § 16]

Editor’s Notes —

Former §47-5-67 authorized the penitentiary board to engage the services of an agent for the sale of rice.

§ 47-5-69. Repealed.

Repealed by Laws of 1984, ch. 395, eff from and after July 1, 1984.

[Codes, 1942, § 7986; Laws, 1964, ch. 378, § 66; Laws, 1974, ch. 539, § 17; Laws, 1976, ch. 440, § 38; reenacted, Laws, 1981, ch. 465, § 38]

Editor’s Notes —

Former §47-5-69 authorized a lessee to join in program of National Cotton Council.

§ 47-5-70. “Board” and “lessee” defined.

As used in this chapter, “board” shall include the Mississippi Board of Corrections or its successor, and “lessee” shall mean the Mississippi Cooperative Extension Service.

HISTORY: Laws, 1974, ch. 538, § 19; Laws, 1976, ch. 440, § 39; reenacted, Laws, 1981, ch. 465, § 39; reenacted, Laws, 1984, ch. 471, § 34; reenacted, Laws, 1986, ch. 413, § 34, eff from and after passage (approved March 28, 1986).

§ 47-5-71. Construction or pavement of roads.

The State Highway Commission and the Mississippi Department of Corrections are hereby authorized to enter into and perform agreements to contract together for the construction or the pavement of roads by the State Highway Department in and adjoining to any facility of the correctional system.

HISTORY: Codes, 1942, § 7966; Laws, 1964, ch. 378, § 46; Laws, 1976, ch. 440, § 40; reenacted, Laws, 1981, ch. 465, § 40; reenacted, Laws, 1984, ch. 471, § 35; reenacted, Laws, 1986, ch. 413, § 35; Laws, 1988, ch. 504, § 18, eff from and after passage (approved May 6, 1988).

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation.

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation, and whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

Cross References —

Use of inmates of a correctional institution to work on projects of the Mississippi Department of Transportation, see §§47-5-133 and65-1-8.

Composition of Mississippi Commission, see §65-1-3.

§ 47-5-72. Establishment of regional recycling centers at regional correctional facilities; participation of inmates in recycling center work program.

The Department of Corrections, counties and municipalities are authorized to develop regional recycling centers at regional correctional facilities.The department may establish a work program for inmates to participate in the recycling program. Inmates that are ineligible to participate in joint state-county programs and public service programs are also ineligible to participate in the program established for regional recycling centers.

HISTORY: Laws, 2010, ch. 318, § 1, eff from and after July 1, 2010.

Cross References —

Funding to assist in establishment of regional recycling centers, see §17-17-65.

Funding to assist in establishment of regional recycling centers, see §49-31-11.

§ 47-5-73. Repealed.

Repealed by Laws of 1976, ch. 440, § 92, eff from and after July 1, 1976.

[Laws, 1964, ch. 378, § 69]

Editor’s Notes —

Former §47-5-73 authorized the superintendent and penitentiary board to request any other state agencies to perform services in connection with prison programs.

§ 47-5-75. Suits by or against board of corrections; tort liability insurance.

The department is authorized to bring and maintain suits for the collection and enforcement of all demands and debts owing to the correctional system. No bond for costs, appeal bond, supersedeas bond or other security shall at any time be required of the department in any civil suit of any kind brought by or against it or its employees in their official capacity, except such suits as may be brought against it or them by the State of Mississippi. The Attorney General of the State of Mississippi is hereby directed to assist the department in the filing and prosecution of any suits filed herein.

The department shall have the further power and authority, in its discretion, to take adequate liability insurance on the operation of said correctional system, including liability insurance to protect the commissioner and other regular employees of the correctional system from tort actions in any state or federal court.

HISTORY: Codes, 1942, § 7929; Laws, 1964, ch. 378, § 9; Laws, 1971, ch. 524, § 13; Laws, 1976, ch. 440, § 41; reenacted, Laws, 1981, ch. 465, § 41; reenacted, Laws, 1984, ch. 471, § 36; reenacted and amended, Laws, 1984, ch. 495, § 21; Laws, 1985, ch. 474, § 51; reenacted, Laws, 1986, ch. 413, § 36; Laws, 1986, ch. 438, § 32; Laws, 1987, ch. 483, § 33; Laws, 1988, ch. 442, § 30; Laws, 1988, ch. 504, § 19; Laws, 1989, ch. 537, § 29; Laws, 1990, ch. 518, § 30; Laws, 1991, ch. 618, § 29; Laws, 1992, ch. 491, § 31, approved May 12, 1992, eff from and after July 1, 1993.

Cross References —

Immunity of state and political subdivisions from liability and suit for torts and torts of its employees, see §§11-46-1 et seq.

Participation in a comprehensive plan of one or more policies of liability insurance, see §11-46-17.

JUDICIAL DECISIONS

1. In general.

The members of the Board of Corrections act in a general policy-making and supervisory capacity with respect to the various correctional institutions of the state. In cases involving the day-to-day operations of a corrections facility, normally the board members will have no potential liability. McFadden v. State, 542 So. 2d 871, 1989 Miss. LEXIS 65 (Miss. 1989).

RESEARCH REFERENCES

CJS.

72 C.J.S., Prisons and Rights of Prisoners § 127.

§ 47-5-76. Payment of court costs for inmate’s civil action against Department employee pertaining to condition of confinement.

  1. Except as provided in subsection (2) of this section, if an inmate plaintiff files a pauper’s affidavit in a civil action and the defendant is an employee of the department and the civil action pertains to the inmate’s condition of confinement, the department shall pay, out of any funds available for such purpose, all costs of court assessed against the inmate in the civil action. However, the department shall not pay the costs of court if the inmate has on three (3) or more prior occasions, while incarcerated, brought an action or appeal that was dismissed on the grounds that it was frivolous, malicious, or failed to state a claim upon which relief could be granted.

    An inmate shall not bring a civil action or appeal a judgment in a civil action or proceeding in forma pauperis if the prisoner has, on three (3) or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court that was dismissed on the grounds that it was frivolous, malicious, or failed to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.

  2. An inmate who proceeds in forma pauperis in a civil action shall pay twenty percent (20%) per month of the funds in his or her inmate account to the Department of Corrections until all filing fees and costs of his or her litigation are paid to the department. The department may withdraw such funds automatically from the account of any inmate permitted a civil filing as a pauper. If an inmate is allowed an appeal in forma pauperis of a civil action, the inmate shall reimburse all costs and fees to the department by automatic withdrawal each month in the amount of twenty percent (20%) of his or her funds until all state funds are reimbursed.

HISTORY: Laws, 1989, ch. 378, § 2; Laws, 1993, ch. 402, § 1; Laws, 1996, ch. 395, § 1; Laws, 1998, ch. 387, § 1; Laws, 2005, ch. 392, § 1, eff from and after passage (approved Mar. 16, 2005.).

Amendment Notes —

The 2005 amendment rewrote (2) to require an inmate who proceeds in forma pauperis to pay certain litigation expenses to the Department of Corrections in increments of 20% from his or her inmate account, and to remove the requirement that in order for an inmate to pay certain litigation expenses related to the in forma pauperis proceedings, the inmate must have had funds in his or her accounts during the preceding six months.

JUDICIAL DECISIONS

1. In general.

Because an inmate’s complaint—regarding the alleged confiscation of the inmate’s personal property during the inmate’s confinement in lock-down—was frivolous and because the inmate should not have been allowed to file the complaint as an in forma pauperis litigant due to the inmate’s prior frivolous filings, it was appropriate to assess costs of the inmate’s appeal to the inmate to be withdrawn from the inmate’s prison account. Duncan v. Bonner, — So.3d —, 2020 Miss. App. LEXIS 315 (Miss. Ct. App. May 26, 2020).

Inmate may be granted in forma pauperis (IFP) status on appeal under the statute; the language referencing appeals in the 1998 and 2005 amendments allows a trial court to grant an inmate IFP status on appeal. Willis v. Westley, 287 So.3d 1050, 2019 Miss. App. LEXIS 611 (Miss. Ct. App. 2019).

Statute’s language provided the trial court with authority to allow an inmate to proceed in forma pauperis (IFP) on appeal because the inmate filed his action against Mississippi Department of Corrections employees under §47-5-76(1), challenging a condition of confinement. Willis v. Westley, 287 So.3d 1050, 2019 Miss. App. LEXIS 611 (Miss. Ct. App. 2019).

It was appropriate to assess costs of an appeal to an inmate, despite his in forma pauperis status, as the Mississippi Department of Corrections was entitled to withdraw funds from the inmate’s account until all fees and costs of his appeal were repaid. Willis v. Westley, 287 So.3d 1050, 2019 Miss. App. LEXIS 611 (Miss. Ct. App. 2019).

Pursuant to Miss. Code Ann. §47-5-76(1), under limited circumstances the Mississippi department of corrections must pay court costs for an inmate who brings a civil action against a department employee; however, that civil action must pertain to the inmate’s condition of confinement, and the inmate’s lawsuit did not pertain to a condition of his confinement, and as such the inmate was not eligible to proceed in forma pauperis. Bessent v. Clark, 974 So. 2d 928, 2007 Miss. App. LEXIS 633 (Miss. Ct. App. 2007).

Statute requiring Department of Corrections to pay for inmate suits pertaining to conditions of confinement applies at trial level and not at appellate level. Carson v. Hargett, 689 So. 2d 753, 1996 Miss. LEXIS 716 (Miss. 1996).

Section 47-5-76, which requires the Department of Corrections to pay court costs for an inmate plaintiff proceeding in forma pauperis in a civil action against a Department employee pertaining to conditions of confinement, applies only at the trial level and not at the appellate level. Moreno v. State, 637 So. 2d 200, 1994 Miss. LEXIS 265 (Miss. 1994).

§ 47-5-77. Remission to State Treasurer of funds belonging to correctional system; payment of bills and accounts of correctional system.

The commissioner shall remit to the State Treasurer all moneys belonging to the correctional system received by him in accordance with the provisions of Section 7-9-21. All bills and accounts of said correctional system shall be paid from appropriations made by the Legislature upon sworn accounts and warrants drawn by the State Fiscal Management Board on the State Treasurer in the same manner as provided by general law. Each account shall be approved by the commissioner or, in the commissioner’s absence, by his designee.

HISTORY: Codes, 1942, § 7935; Laws, 1964, ch. 378, § 15; Laws, 1974, ch. 539, § 23; Laws, 1976, ch. 440, § 42; reenacted Laws, 1981, ch. 465, § 42; reenacted, Laws, 1984, ch. 471, § 37; Laws, 1984, ch. 488, § 223; reenacted, Laws, 1986, ch. 413, § 37; Laws, 1988, ch. 504, § 20, eff from and after passage (approved May 6, 1988).

Editor’s Notes —

Section 27-104-1 provides that the term “Fiscal Management Board” shall mean the “Department of Finance and Administration”.

Cross References —

Duty of prison auditor with respect to bids, purchases, and sales, see §47-5-35.

§ 47-5-78. Creation of the “Lambert State Forest Revolving Fund.”

There is established within the State Treasury a revolving fundto fund forest management costs provided under Sections 47-5-56 and 47-5-66 for the Lambert State Forest in Quitman County and shall be disbursed as provided in those sections. The fund shall be called the “Lambert State Forest Revolving Fund,” and moneys for the fund shall accrue from any revenues derived from the Lambert State Forest including, but not limited to, timber sales and any other revenue derived from forest management practices. The State Treasurer shall invest all monies in the fund, and interest earned on the investments shall be paid back into the fund and not into the General Fund. The fund shall be audited annually by the State Auditor.

HISTORY: Laws, 1996, ch. 337, § 1; Laws, 2000, ch. 362, § 3, eff from and after passage (approved Apr. 17, 2000.).

§ 47-5-79. How purchases to be made.

All contracts for the purchase of materials, supplies, equipment and sustenance for the offenders of the correctional system shall be made under the provisions of the state purchasing law, same being Sections 31-7-1 through 31-7-55.

HISTORY: Codes, 1942, § 7937; Laws, 1964, ch. 378, § 17; Laws, 1966, ch. 378, § 2; Laws, 1976, ch. 440, § 43; reenacted, Laws, 1981, ch. 465, § 43; reenacted, Laws, 1984, ch. 471, § 38; reenacted, Laws, 1986, ch. 413, § 38, eff from and after passage (approved March 28, 1986).

Cross References —

Restrictions on governmental purchases of foreign beef, see §§31-7-61 to31-7-65.

Duty of auditor for the correctional system with respect to bids, purchases, and sales, see §47-5-35.

§§ 47-5-81, 47-5-83. Repealed.

Repealed by Laws of 1976, ch. 440, § 92, eff from and after July 1, 1976.

[Laws, 1964, ch. 378, §§ 63, 39]

Editor’s Notes —

Former §47-5-81 required daily delivery of provisions and supplies to the camps on Parchman farm, and records to be kept thereof.

Former §47-5-83 dealt with the operation and management of the prison hospital at Sunflower farm.

§ 47-5-85. Chapel for religious worship; chaplain.

There shall be provided an area at each facility of the correctional system for religious worship to be conducted by the chaplain’s office of the Mississippi Department of Corrections. The chaplains will have ingress and egress to all facilities of the Mississippi Department of Corrections for the purpose of providing religious services to the offenders incarcerated therein.

HISTORY: Codes, 1942, § 7975; Laws, 1964, ch. 378, § 55; Laws, 1976, ch. 440, § 44; reenacted, Laws, 1981, ch. 465, § 44; reenacted and amended, Laws, 1984, ch. 385; reenacted, Laws, 1984, ch. 471, § 39; reenacted, Laws, 1986, ch. 413, § 39, eff from and after passage (approved March 28, 1986).

JUDICIAL DECISIONS

1. In general.

State prison regulations effectively preventing Muslim inmates from attending weekly congregational service do not violate First Amendment’s free exercise of religion clause. O'Lone v. Estate of Shabazz, 482 U.S. 342, 107 S. Ct. 2400, 96 L. Ed. 2d 282, 1987 U.S. LEXIS 2604 (U.S. 1987).

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 33, 34, 37-43, 45, 46.

Lawyers’ Edition.

Supreme Court’s views as to prisoner’s right to free exercise of religion under Federal Constitution’s First Amendment.96 L. Ed. 2d 736.

§ 47-5-87. No gasoline or motor oil to be sold.

No gasoline or motor oil shall be sold for personal use by the state correctional system to any of its employees. Gasoline shall be delivered only in tank truck or tank car lots in such quantities as the commissioner may deem necessary, and motor oil in such quantities as may be needed.

HISTORY: Codes, 1942, § 7982; Laws, 1964, ch. 378, § 62; Laws, 1976, ch. 440, § 45; reenacted, Laws, 1981, ch. 465, § 45; reenacted, Laws, 1984, ch. 471, § 40; reenacted, Laws, 1986, ch. 413, § 40, eff from and after passage (approved March 28, 1986).

Cross References —

Duty of auditor for the correctional system with respect to bids, purchases, and sales, see §47-5-35.

§ 47-5-89. No solicitation nor contribution for political purposes.

If any officer or employee of the state or county government, or any employee of the state correctional system, or any other person shall solicit or accept from any employee of the state correctional system, or from any offender therein, any contribution of money or other property for political or election purposes he shall be guilty of a misdemeanor, and on conviction shall be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00), or imprisoned in the county jail not less than sixty (60) days nor longer than one hundred twenty (120) days, or both, and if an employee of the state correctional system he shall be immediately and permanently removed from further employment with the state correctional system.

HISTORY: Codes, 1942, § 7984; Laws, 1964, ch. 378, § 64; Laws, 1976, ch. 440, § 46; reenacted, Laws, 1981, ch. 465, § 46; reenacted, Laws, 1984, ch. 471, § 41; reenacted, Laws, 1986, ch. 413, § 41, eff from and after passage (approved March 28, 1986).

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 47-5-91. Transportation of children of employees to school; payment of tuition.

The commissioner is authorized and directed to provide for transportation of children of employees of the Mississippi State Penitentiary both in Sunflower County and Quitman County to a public elementary or secondary school located in those counties and to pay for such transportation out of the support and maintenance fund of the department of correction. The commissioner shall further pay to any public elementary or secondary school located in said counties which said children are sent, an amount not to exceed Sixty Dollars ($60.00) per student per month as tuition, which also shall be paid out of the support and maintenance fund of the department of correction. Any student who receives benefits under this section shall not be eligible for any other educational financial state grant or loan.

HISTORY: Codes, 1942, § 7967; Laws, 1964, ch. 378, § 47; Ex Sess, 1969, ch. 36, § 1; Laws, 1975, ch. 404; Laws, 1976, ch. 440, § 63; reenacted, Laws, 1981, ch. 465, § 47; reenacted, Laws, 1984, ch. 471, § 42; reenacted, Laws, 1986, ch. 413, § 42, eff from and after passage (approved March 28, 1986).

§ 47-5-93. Governor to make inspections.

It shall be the duty of the Governor to make personal inspection of the central facilities of the state correctional system and offenders twice during each and every year at such times as may suit his convenience, and without previous notice to the commissioner, and the commissioner, when required so to do, shall afford all necessary facilities for making such inspection.

HISTORY: Codes, 1942, § 7969; Laws, 1964, ch. 378, § 49; Laws, 1976, ch. 440, § 47; reenacted, Laws, 1981, ch. 465, § 48; reenacted, Laws, 1984, ch. 471, § 43; reenacted, Laws, 1986, ch. 413, § 43, eff from and after passage (approved March 28, 1986).

Cross References —

Duties of Governor generally, see §7-1-5.

JUDICIAL DECISIONS

1. In general.

The governor’s duties under §§47-5-93 and7-1-5(c) and (d) are discretionary and, as such, the governor enjoys a qualified immunity to a civil suit for damages based on the governor’s alleged failure to perform his duties under those statutes. McFadden v. State, 542 So. 2d 871, 1989 Miss. LEXIS 65 (Miss. 1989).

§ 47-5-94. Annual structural and environmental inspections; report of findings.

The Bureau of Building, Grounds and Real Property Management of the Department of Finance and Administration and the State Board of Health are hereby authorized and directed, upon the passage of this section, to institute permanent annual structural and environmental inspections of institutional housing and service facilities at the State Penitentiary, such inspections to include but not be limited to, structural soundness, repairs and maintenance of buildings; food service; fire and safety hazards; fresh water supply; wastewater system; sewage collection and treatment; solid waste collection, storage and disposal; rodent and pest control and general institutional housekeeping.

All other state agencies, authorities, boards, commissions and departments are hereby directed, upon the request of the Commissioner of Corrections, the Bureau of Building, Grounds and Real Property Management of the Department of Finance and Administration or the State Board of Health, to assist in such inspections with the fullest degree of reasonable cooperation.

Within thirty (30) days of the completion of the inspections provided for herein, the participants shall compile a written report of their findings which shall be submitted to the Governor, the Commissioner of Corrections and the Warden or Superintendent of the State Penitentiary at Parchman.

HISTORY: Laws, 1978, ch. 447, § 2; brought forward, Laws, 1981, ch. 465, § 49; reenacted, Laws, 1984, ch. 471, § 44; reenacted and amended, Laws, 1986, ch. 413, § 44; Laws, 1994, ch. 480, § 1, eff from and after July 1, 1994.

OPINIONS OF THE ATTORNEY GENERAL

Only insofar as Section 47-5-94 is applicable, Bureau of Building, Grounds and Real Property Management of Governor’s Office of General Services and State Board of Health are required to inspect State Penitentiary at Parchman, Mississippi and not other correctional facilities. Cobb, July 15, 1992, A.G. Op. #92-0494.

§ 47-5-95. Officials to be admitted to places where offenders kept and worked; visitors to correctional system facilities.

The members of the executive department, except the Governor and Lieutenant Governor, and judicial departments of the state and members of the Legislature, shall with advance notice to the commissioner be admitted into the correctional system or any facility thereof, and other places where offenders are kept and worked, at all proper hours, for the purpose of observing the conduct thereof, and may hold conversations with the offenders apart from all correctional system officials. Other persons may visit a correctional system facility under such rules and regulations as may be established by the commissioner who shall be liable to the state on his bond for negligence in security and in an amount to be determined by the courts.

HISTORY: Codes, 1942, § 7950; Laws, 1964, ch. 378, § 30; Laws, 1974, ch. 539, § 24; Laws, 1976, ch. 440, § 48; reenacted, Laws, 1981, ch. 465, § 50; reenacted, Laws, 1984, ch. 471, § 45; reenacted, Laws, 1986, ch. 413, § 45, eff from and after passage (approved March 28, 1986).

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 85, 87, 91.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 100-102.

§ 47-5-97. Repealed.

Repealed by Laws, 1976, ch. 440, § 92, eff from and after July 1, 1976.

[Laws, 1964, ch. 378, § 68]

Editor’s Notes —

Former §47-5-97 dealt with periodic investigations of prison security measures and reports thereon, and authorized the penitentiary board to require persons entering the penitentiary to be searched.

§ 47-5-99. Creation of classification hearing officers and disciplinary hearing officers.

There are hereby created classification hearing officers and disciplinary hearing officers of the correctional system to be appointed by the commissioner.

HISTORY: Laws, 1973, ch. 309, § 1; Laws, 1976, ch. 440, § 49; reenacted, Laws, 1981, ch. 465, § 51; reenacted, Laws, 1984, ch. 471, § 46; reenacted, Laws, 1986, ch. 413, § 46; Laws, 1991, ch. 360 § 1; Laws, 2001, ch. 393, § 1, eff from and after July 1, 2001.

JUDICIAL DECISIONS

1. Construction.

Miss Code Ann. §§47-5-99 to47-5-103 (1972) do not create an expectation of any particular classification. McLemore v. Greer, 2005 U.S. Dist. LEXIS 25365 (S.D. Miss. Oct. 18, 2005).

§ 47-5-101. Meetings and minutes of classification and disciplinary hearing officers.

The classification and disciplinary hearing officers shall maintain a record of all actions and orders by minutes. The hearing officers shall meet on a regular basis.

HISTORY: Laws, 1973, ch. 309, § 1; brought forward, Laws, 1981, ch. 465, § 52; reenacted, Laws, 1984, ch. 471, § 47; reenacted, Laws, 1986, ch. 413, § 47; Laws, 1991, ch. 360, § 2; Laws, 2001, ch. 393, § 2, eff from and after July 1, 2001.

§ 47-5-103. Powers and duties of classification hearing officer and classification board as to classification of offenders.

  1. The classification hearing officer shall be responsible for assigning a classification to each offender within forty (40) days after the offender’s commitment to the custody of the department. The classification shall determine the offender’s work duties, living quarters, educational, vocational or other rehabilitation programs, and privileges to be accorded the offender while in custody of the department. The classification hearing officer, in assigning classifications, shall consider the offender’s age, offense and surrounding circumstances, the complete record of the offender’s criminal history including records of law enforcement agencies or of a youth court regarding that offender’s juvenile criminal history, family background, education, practical or employment experience, interests and abilities as evidenced by mental and psychological examination and knowledge obtained by the classification hearing officer in personal interview with the offender. The classification hearing officer shall use the above criteria to assign each offender a classification which will serve and enhance the best interests and general welfare of the offender. The designee or designees of the commissioner shall approve or disapprove each classification. The classification hearing officer shall provide the State Parole Board with a copy of the classification assigned to each offender in the custody of the department who is eligible for parole.
  2. The classification board, consisting of the commissioner, or his designee, deputy commissioner of institutions and the director of offender services may change an action of the classification or disciplinary hearing officer if the board makes a determination that the action of the hearing officer was not supported by sufficient factual information. The commissioner, in emergency situations, may suspend the classification of an offender or offenders for a period of not exceeding fifteen (15) days to relieve the emergency situation. The classification of each offender may be reviewed by a classification hearing officer at least once each year. In no case shall an offender serve as a servant in the home of any employee other than authorized by the commissioner.
  3. The classification board shall establish substantive and procedural rules and regulations governing the assignment and alteration of inmate classifications, and shall make such rules and regulations available to any offender upon request.

HISTORY: Laws, 1973, ch. 309, § 2; Laws, 1976, ch. 440, § 50; Laws, 1981, ch. 381, § 1; reenacted, Laws, 1981, ch. 465, § 53; Laws, 1983, ch. 375, § 1; reenacted, Laws, 1984, ch. 471, § 48; reenacted, Laws, 1986, ch. 413, § 48; Laws, 1986, ch. 422, § 2; Laws, 1991, ch. 360, § 3; Laws, 1995, ch. 417, § 1; Laws, 2001, ch. 393, § 3; Laws, 2004, ch. 338, § 1, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment substituted “designee or designees of the commissioner” for “director or assistant director of offender services” in the next-to-last sentence of (1).

Cross References —

Disclosure of youth court records, see §43-21-261.

Authority of classification committee regarding commutation of time for good conduct, see §47-5-139.

JUDICIAL DECISIONS

1. In general.

Inmate’s conviction for carrying a concealed weapon was enough to have him removed from the Community Work Center and placed at a state prison; inmates had no property or liberty interest as to their housing assignment. Hamilton v. Ruffin, 875 So. 2d 1125, 2004 Miss. App. LEXIS 587 (Miss. Ct. App. 2004).

Under Mississippi law, classification of inmates is the responsibility of Department of Corrections, and inmate has no right to particular classification; thus, prison inmate whose custody status was reduced to “close custody” classification has no liberty interest in classification under Due Process Clause, and where prison officials did not abuse discretion in changing custody status, prisoner is not entitled to preliminary injunctions against physical restraints to which he was subjected as result of change in status. Tubwell v. Griffith, 742 F.2d 250, 1984 U.S. App. LEXIS 18287 (5th Cir. Miss. 1984).

§ 47-5-104. Demotion of offender or forfeiture of earned time.

The commissioner shall designate a disciplinary hearing officer to hear evidence and to make decisions in all cases when an offender has been issued a rule violation report and is subject to be demoted or having earned time taken from him. All proceedings of a disciplinary hearing officer shall be taped and retained for at least three (3) years. The commissioner shall not attend any hearings whereby an offender is subject to be demoted or having earned time taken away.

HISTORY: Laws, 1975, ch. 485, § 3; Laws, 1976, ch. 440, § 51; reenacted, Laws, 1981, ch. 465, § 54; reenacted, Laws, 1984, ch. 471, § 49; reenacted, Laws, 1986, ch. 413, § 49; Laws, 1991, ch. 360 § 4; Laws, 2001, ch. 393, § 4, eff from and after July 1, 2001.

Cross References —

Classification of offenders for earned time purposes, see §47-5-139.

§ 47-5-105. Entry of bids, bills, and invoices in minutes before award or payment; copies to be sent.

The award of all contracts within the purview of the Department of Finance and Administration under Section 27-104-7 in excess of Five Hundred Thousand Dollars ($500,000.00) entered into by the commissioner shall be approved by the Public Procurement Review Board and shall be entered on the minutes of such board before any funds shall be expended therefor. Provided further, that the entrance of the award of contracts on the minutes of the Public Procurement Review Board shall contain a detailed accounting of all bids entered showing clearly the lowest bid and best bid that was awarded in each and every case and, if the bid accepted is not the lowest, then the reasons and justification for not accepting the lowest bid shall be spread on the minutes. A true copy of the minutes of each meeting of the Public Procurement Review Board shall be sent monthly to the Governor, members of the Legislative Budget Office and Chairmen of the Corrections Committees of the Senate and the House of Representatives.

HISTORY: Laws, 1974, ch. 539, § 27; Laws, 1976, ch. 440, § 52; reenacted, Laws, 1981, ch. 465, § 55; reenacted, Laws, 1984, ch. 471, § 50; Laws, 1984, ch. 488, § 224; reenacted, Laws, 1986, ch. 413, § 50; Laws, 1988, ch. 504, § 21; Laws, 2012, ch. 388, § 1; Laws, 2016, ch. 355, § 1, eff from and after July 1, 2016.

Amendment Notes —

The 2012 amendment substituted “Five Hundred Thousand Dollars ($500,000.00)” for “One Hundred Thousand Dollars ($100,000.00)” in the first sentence, and in the last sentence substituted “Committees of the Senate and the House of Representatives” for “Committee of the Senate and Penitentiary Committee of the House of Representatives.”

The 2016 amendment inserted “within the purview of the Department of Finance and Administration under Section 27-104-7” in the first sentence; and made a minor stylistic change in the last sentence.

Cross References —

Creation of the Office of General Services, see §7-1-451.

Duty of auditor for the correctional system with respect to bids, purchases, and sales, see §47-5-35.

RESEARCH REFERENCES

CJS.

72 C.J.S., Prisons and Rights of Prisoners § 5.

§ 47-5-107. Cancellation of contracts.

Any contract entered into by any person, firm or corporation with the department can be cancelled, in the discretion of the commissioner, upon a finding of fact by the correctional system auditor provided for in Section 47-5-35, and entered on the minutes of the Public Procurement Review Board, that the person, firm or corporation doing business with the correctional system has violated either the published regulations of the correctional system or the laws of the State of Mississippi.

HISTORY: Laws, 1974, ch. 539, § 28; Laws, 1976, ch. 440, § 53; reenacted, Laws, 1981, ch. 465, § 56; reenacted, Laws, 1984, ch. 471, § 51; reenacted, Laws, 1986, ch. 413, § 51; Laws, 1988, ch. 504, § 22, eff from and after passage (approved May 6, 1988).

Cross References —

Duty of auditor for the correctional system with respect to bids, purchases, and sales, see §47-5-35.

RESEARCH REFERENCES

ALR.

Differences in character or quality of materials, articles, or work as affecting acceptance of bid for public contract. 27 A.L.R.2d 917.

Right of public authorities to reject all bids for public work or contract. 31 A.L.R.2d 469.

Am. Jur.

64 Am. Jur. 2d, Public Works and Contracts § 70.

CJS.

72 C.J.S., Prisons and Rights of Prisoners § 5.

§ 47-5-108. Self-sustaining food facilities established at certain penitentiary and correctional facilities; Employee Cafeteria Funds.

The Mississippi Department of Corrections is hereby authorized to provide self-sustaining facilities for the preparation and serving of food for employees and visitors of the Mississippi State Penitentiary, the Central Mississippi Correctional Facility, and the South Mississippi Correctional Institution. The commissioner shall promulgate policies and procedures for the operation of such facilities. In addition, the funds derived from these operations shall remain in separate accounts, hereafter known as the “Employee Cafeteria Funds.” The profits, if any, shall be distributed at the direction of the Commissioner of Corrections.

HISTORY: Laws, 1983, ch. 354; brought forward, Laws, 1984, ch. 471, § 52; Laws, 1986, ch. 358, § 2; reenacted, Laws, 1986, ch. 413, § 52; Laws, 1989, ch. 305, § 1; Laws, 1992, ch. 326, § 1, eff from and after July 1, 1992.

§ 47-5-109. Operation of inmate canteen facilities; Canteen Fund.

  1. The State Department of Corrections is hereby authorized to operate a facility or facilities to be known as an inmate canteen facility or facilities, the purpose of which is to make available certain goods and other items of value for purchase by offenders confined at the State Penitentiary at Parchman, offenders confined at any other facility of the department, certain employees of the department and certain persons visiting offenders or employees. The commissioner shall promulgate rules and regulations for the operation of such a facility.
  2. Any funds which may be derived from the operation of an inmate canteen facility or facilities shall be deposited into an account to be known as the Canteen Fund. For accounting purposes, certain allocated costs attributable to the operation of such a facility, and as prescribed by the rules and regulations of the board, shall be chargeable as operating costs against profits earned. These costs of operation which are chargeable shall include, but shall not be limited to, rent allocation, utility allocation and employee wages. Any net profits which may accrue from the operation of such a facility and any interest earned thereon shall be deposited into the Inmate Welfare Fund.

HISTORY: Laws, 1986, ch. 358, § 1; Laws, 1988, ch. 504, § 23, eff from and after passage (approved May 6, 1988).

OPINIONS OF THE ATTORNEY GENERAL

There is no statutory authority that would require a jail canteen to operate on a cash basis system; therefore, a sheriff may operate a jail canteen on a cashless system under the statute. Weissinger, June 26, 1998, A.G. Op. #98-0333.

This section is not authority for a county board of supervisors to directly commit the profits from an inmate canteen fund to a contract for the provision of various programs and treatment services at a jail facility, such as inmate records system, substance abuse treatment program, GED program, chaplaincy and religious services, law library services, recreation program, etc. Webb, June 4, 1999, A.G. Op. #99-0245.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 4-14, 22.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 2-4.

§ 47-5-109.1. Contract for administration of inmate canteen services.

  1. The Department of Corrections shall contract for the administration of inmate canteen services to a third party. Such contract shall comply with the procedures set forth in this section:
    1. The Department of Corrections shall cause to be prepared a request for proposals. This request for proposals shall be prepared for distribution to any interested third party. Notice of the department’s intention to seek proposals shall be published in a newspaper of general circulation at least one time per week for three (3) weeks before closing the period for interested parties to respond. Additional forms of notice may also be used. The newspaper notice shall inform the interested parties of the service to be contracted, existence of a request for proposals, how it can be obtained, when a proposal must be submitted, and to whom the proposal must be submitted. All requests for proposals shall describe clearly what service is to be contracted, and shall fully explain the criteria upon which an evaluation of proposals shall be based. The criteria to be used for evaluations shall, at a minimum, include:
      1. Require interested third parties to describe their qualifications to provide inmate canteen services to correctional facilities in widely dispersed geographical regions; and
      2. Describe the department’s expectations with regard to commissions, pricing and quality assurance for inmate canteen services.
    2. All proposals submitted by interested parties shall be evaluated by the Inmate Welfare Fund Committee, as established in Section 47-5-158, which shall apply the same criteria to all proposals when conducting an evaluation. The results and recommendations of the evaluation shall be presented to the Department of Corrections for review. All evaluations presented to the department shall be retained by the department for at least three (3) years. The department may accept or reject any recommendation of the committee, or it may conduct further inquiry into the proposals. Any further inquiry shall be clearly documented and all methods and recommendations shall be retained by the department and shall spread upon its minutes its choice of the administrator for inmate canteen services and its reasons for making the choice.
      1. The department shall be responsible for preparing a contract that shall be in accordance with all provisions of this section and all other provisions of law. The contract shall also include a requirement that the contractor shall consent to an evaluation of its performance. Such evaluation shall occur after the first six (6) months of the contract, and shall be reviewed at times the department determines to be necessary. The contract shall clearly describe the standards upon which the contractor shall be evaluated.
      2. The PEER Committee, at the request of the House or Senate Corrections Committee and with funds specifically appropriated by the Legislature for such purpose, shall contract with an accounting firm or with other professionals to conduct a compliance audit of the services provided by the contractor. Such audit shall review the compliance with the performance standards required for inclusion in the administrator’s contract. Such audit shall be delivered to the Legislature no later than January 1.
  2. Contracts for the administration of inmate canteen services shall commence at the beginning of the calendar year and shall end on the last day of a calendar year. This shall not apply to contracts provided for in subsection (3) of this section.
  3. If the Department of Corrections determines that it is necessary to not renew the contract of an administrator, or finds it necessary to terminate a contract with or without cause as provided for in the contract of the administrator of inmate canteen services, the department is authorized to select an administrator for inmate canteen services without complying with the bid requirements in subsections (1) and (2) of this section. Such contracts shall be for the balance of the calendar year in which the nonrenewal or termination occurred, and may be for an additional calendar year if the department determines that the best interests of the inmates are served by such. Any contract negotiated on an interim basis shall include a detailed transition plan which shall ensure the orderly transfer of responsibilities between contractors.
  4. Except for contracts executed under the authority of subsection (3) of this section, the department shall select administrators of inmate canteen services at least six (6) months before the expiration of the current administrator’s contract. The period between the selection of the new administrator of inmate canteen services and the effective date of the new contract shall be known as the transition period. The Department of Corrections shall furnish the Legislature and Governor with copies of all transition plans and keep them informed of progression on such plans.

HISTORY: Laws, 2015, ch. 432, § 2, eff from and after July 1, 2015.

Offenders

§ 47-5-110. Commitments to be to department and not to particular institutions or facilities; transfers of offenders; community prerelease program; conditions; immunity for commissioner of corrections; evidence-based programs for benefit of inmates.

  1. Commitment to any institution or facility within the jurisdiction of the department shall be to the department, not to a particular institution or facility. The commissioner shall assign a newly committed offender to an appropriate facility consistent with public safety; provided, however, that any offender who, in the opinion of the sentencing judge, requires confinement in a maximum security unit shall be assigned, upon initial commitment, to the Parchman facility. The commissioner may extend the place of confinement of eligible offenders as provided under subsection (2) of this section. He may transfer an offender from one (1) institution to another, consistent with the commitment and in accordance with treatment, training and security needs. The commissioner shall have the authority to transfer inmates from the various correctional facilities of the department to restitution centers if such inmates meet the qualifications prescribed in Section 99-37-19. The commissioner shall prepare appropriate standards of eligibility for such transfers of offenders from one (1) institution to another institution and transfers of offenders who meet the qualifications for placement in restitution centers. The commissioner shall have the authority to remove the offenders from restitution centers and to transfer them to other facilities of the department. The commissioner shall obtain the approval of the sentencing court before transferring an offender committed to the department to a restitution center. On the request of the chief executive officer of the affected unit of local government, the commissioner may transfer a person detained in a local facility to a state facility. The commissioner shall determine the cost of care for that person to be borne by the unit of local government. The commissioner may assign to a community work center, any offender who is convicted under the Mississippi Implied Consent Law and who is sentenced to the custody of the Department of Corrections, except that if a death or a serious maiming has occurred during the commission of the violation of the Mississippi Implied Consent Law, then the offender so convicted may not be assigned to a community work center.
  2. The department may establish by rule or policy and procedure a community prerelease program which shall be subject to the following requirements:
    1. The commissioner may extend the limits of confinement of offenders serving sentences for violent or nonviolent crimes who have six (6) months or less remaining before release on parole, conditional release or discharge to participate in the program. Parole violators may be allowed to participate in the program.
    2. Any offender who is referred to the program shall remain an offender of the department and shall be subject to rules and regulations of the department pertaining to offenders of the department until discharged or released on parole or conditional release by the State Parole Board.
    3. The department shall require the offender to participate in work or educational or vocational programs and other activities that may be necessary for the supervision and treatment of the offender.
    4. An offender assigned to the program shall be authorized to leave a community prerelease center only for the purpose and time necessary to participate in the program and activities authorized in paragraph (c) of this subsection.
  3. The commissioner shall have absolute immunity from liability for any injury resulting from a determination by the commissioner that an offender shall be allowed to participate in the community prerelease program.
    1. The department may by rule or policy and procedure provide evidence-based programs for the benefit of inmates, with emphasis on those that are targeted at reducing inmate recidivism and prerelease service for offenders at each of its major correctional facilities: Mississippi State Penitentiary, Central Mississippi Correctional Institution and South Mississippi Correctional Institution and other facilities where the department confines state inmates.
    2. The commissioner may establish prerelease programs at the South Mississippi Correctional Institution. The prerelease program may be located on the grounds of this facility or another facility designated by the commissioner.
    3. For purposes of this subsection, the term “evidence-based programs” shall have ascribed to it the meaning in Section 27-103-159.

HISTORY: Laws, 1976, ch. 440, § 16; reenacted, Laws, 1981, ch. 465, § 57; reenacted, Laws, 1984, ch. 471, § 53; reenacted, Laws, 1986, ch. 413, § 53; Laws, 1986, ch. 428, § 1; Laws, 1993, ch. 578, § 1; Laws, 1997, ch. 371, § 1; Laws, 2003, ch. 552, § 2; Laws, 2005, ch. 505, § 1; Laws, 2007, ch. 353, § 1; Laws, 2012, ch. 391, § 1; Laws, 2015, ch. 463, § 2, eff from and after July 1, 2015.

Amendment Notes —

The 2003 amendment rewrote the fifth and sixth sentences of (1); and added (5) containing a repealer of July 1, 2005.

The 2005 amendment extended the date of the repealer in (5) from “July 1, 2005” until “July 1, 2007.”

The 2007 amendment extended the date of the repealer in (5) from “July 1, 2007” to “July 1, 2011.”

The 2012 amendment deleted former (5), which read: “This section shall stand repealed on July 1, 2011.”

The 2015 amendment in (4)(a), substituted “evidence-based programs for the benefit of inmates, with emphasis on those that are targeted at reducing inmate recidivism” for “the regimented inmate discipline program” near the beginning, and added “and other facilities where the department confines state inmates” at the end; in (b), deleted “regimented inmate discipline and” preceding “prerelease programs at the South Mississippi Correctional Institution” in the first sentence, and deleted the former second sentence, which read: “Offenders assigned to this facility may receive the services provided by the regimented inmate discipline program”; and added (c).

Cross References —

Provisions relative to prison system overcrowding and the exercise of powers which tend to reduce prison system population or expand operating capacity during states of emergency, see §§47-5-701 et seq.

Mississippi Implied Consent Law, see §§63-11-1 et seq.

Restitution centers generally, see §99-37-19.

JUDICIAL DECISIONS

1. In general.

Without waiving the procedural bar to the inmate’s claim that his sentence was unconstitutional, the court held that the inmate was properly charged under Miss. Code Ann. §97-9-45 and entered a plea of guilty to the escape; the sentence of three years was well within the maximum prescribed by the statute, which referred to prisoners sentenced to the Mississippi Department of Corrections and allowed a maximum sentence of five years, and thus the inmate was not entitled to post-conviction relief; although the inmate was in custody and on a work program for a county at the time of the escape, the inmate was considered under the Department’s jurisdiction for purposes of §97-9-45 because (1) the inmate’s original burglary sentence required imprisonment in the “penitentiary” under Miss. Code Ann. §97-17-23, which term meant any facility under the jurisdiction of the Department pursuant to Miss. Code Ann. §47-5-3, (2) commitment to any institution within the jurisdiction of the Department was to the Department, not a particular institution pursuant to Miss. Code Ann. §47-5-110, and (3) under Miss. Code Ann. §47-5-541, the Department recommended rules concerning the participation of inmates in work programs. Gardner v. State, 848 So. 2d 900, 2003 Miss. App. LEXIS 570 (Miss. Ct. App. 2003).

Section99-19-39, which governs the detention of a convict pending appeal, confers no right in a convicted felon to be incarcerated in county jail pending an appeal to the Supreme Court; construing §99-19-39 to create such a right would place that statutory section in conflict with the provisions of §47-5-1 et seq. which create a comprehensive correctional system to deal with the incarceration of all felony offenders; under the comprehensive legislative scheme setting up the Mississippi Department of Corrections, the circuit court sentences to the Department and not to any particular facility, and neither the circuit court nor the Supreme Court can order the Department to return a prisoner duly committed to its custody to county jail as a mater of right. Nicolaou v. State, 596 So. 2d 863, 1992 Miss. LEXIS 133 (Miss. 1992).

A prisoner did not have a protected liberty interest in being transferred from a county correctional facility to a state prison, absent a state law or regulation or prison policy or procedure conditioning such a transfer on proof of misbehavior or some other event. McFadden v. State, 580 So. 2d 1210, 1991 Miss. LEXIS 306 (Miss. 1991).

An imprisoned offender was improperly transferred from one institution to another institution within the same Department of Corrections, since such transfer was pursuant to an order of a Circuit Judge, and, pursuant to §47-5-110, only the Commissioner of Corrections has the authority to assign or transfer offenders to particular institutions. Lewis v. State, 414 So. 2d 435, 1982 Miss. LEXIS 2028 (Miss. 1982).

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 18 et seq, 163 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 2, 17-20, 128, 129 et seq.

§ 47-5-110.1. Offenders to pay costs of requested transfers between facilities.

Whenever an offender in the custody of the Department of Corrections is transferred, upon request, from one (1) facility to another, the offender must pay to the department an amount equal to Forty Cents ($.40) per mile for each mile traveled from the transferor facility to the transferee facility or Twenty-five Dollars ($25.00), whichever is greater, to cover the costs of the transfer. An offender may not be required to pay for the costs of any transfer that is initiated by the Department of Corrections.

HISTORY: Laws, 2002, ch. 624, § 12; Laws, 2005, ch. 370, § 1, eff from and after passage (approved Mar. 15, 2005.).

Amendment Notes —

The 2005 amendment substituted “Forty Cents ($.40)” for “Thirty-five Cents ($.35)” in the first sentence.

§ 47-5-110.2. Persons sentenced to custody of department after January 1, 2017, can no longer be sentenced to regimented inmate discipline program.

From and after January 1, 2017, no person to be sentenced to the custody of the Mississippi Department of Corrections shall be ordered to a Regimented Inmate Discipline (RID) program by any court of this state. The Department of Corrections shall either operate RID programs for inmates sentenced to such a program prior to January 1, 2017, or devise and implement suitable alternatives for any such inmates.

HISTORY: Laws, 2015, ch. 463, § 1, eff from and after July 1, 2015.

§ 47-5-111. Transportation of offenders to correctional system facilities; processing of offenders at receiving stations.

The commissioner shall make suitable provision and regulations for the safe and speedy transportation of offenders from counties of their confinement to the appropriate facility of the correctional system by the sheriffs of such respective counties if such sheriffs are willing to perform such services as cheaply as the correctional system can have it done otherwise. Such transportation shall be on state account. In no instance shall the offenders be carried direct from the county jails to a correctional facility, but shall be carried to the appropriate receiving station as designated by the commissioner where the character of labor which each offender may reasonably perform shall be determined. Upon the arrival of each offender at such receiving station, the commissioner shall cause a statement to be made by the offender, giving a brief history of his life, and showing where he has resided, the names and post office addresses of his immediate relatives, and such other facts as will tend to show his past habits and character. The commissioner shall, by correspondence or otherwise, verify or disprove such statements, if practicable, and shall preserve the record and information so obtained for future reference. The commissioner shall have authority to designate such vehicles as are necessary to transport offenders.

HISTORY: Codes, 1942, § 7940; Laws, 1964, ch. 378, § 20; Laws, 1976, ch. 440, § 54; reenacted, Laws, 1981, ch. 465, § 58; reenacted, Laws, 1984, ch. 471, § 54; reenacted, Laws, 1986, ch. 413, § 54; Laws, 1988, ch. 504, § 24, eff from and after passage (approved May 6, 1988).

Cross References —

“Biddle guard” to be installed on vehicle transporting prisoner, §47-5-116.

Procedure for commitment of convict sentenced to penitentiary, see §§99-19-43 et seq.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 18, 163 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 20, 22, 130 et seq.

§ 47-5-112. Repealed.

Repealed by Laws of 1989, ch. 488, § 1, eff from and after July 1, 1991.

[Laws, 1977, ch. 479, § 8; Laws, 1978, ch. 447, § 1; Laws, 1979, ch. 372, § 1; reenacted, Laws, 1980, ch. 310; reenacted and amended, Laws, 1981, ch. 465, § 59; am, Laws, 1982, ch. 386; 1983, ch. 390; Laws, 1984, ch. 392; Laws, 1984, ch. 488, § 225; reenacted and amended, Laws, 1985, ch. 507; reenacted and amended, Laws, 1987, ch. 336; Laws, 1988, ch. 504, § 25; Laws, 1989, ch. 488, § 81]

Editor’s Notes —

Former §47-5-112 pertained to serving a sentence in a county jail.

§ 47-5-113. Offenders of the United States courts.

The offenders of the courts of the United States sentenced to confinement in the state correctional system shall on delivery to the correctional system be confined in the correctional system according to their several sentences and be treated as other offenders, the United States supporting such offenders and paying the expenses of executing their sentences.

HISTORY: Codes, 1942, § 7977; Laws, 1964, ch. 378, § 57; Laws, 1976, ch. 440, § 55; reenacted, Laws, 1981, ch. 465, § 60; reenacted, Laws, 1984, ch. 471, § 55; reenacted, Laws, 1986, ch. 413, § 55, eff from and after passage (approved March 28, 1986).

Cross References —

Duty to receive prisoners from United States officers, see §19-25-81.

§ 47-5-115. Offenders whose capital sentences are commuted.

Any offender who has been sentenced to suffer death, and whose sentence has been commuted by the Governor to imprisonment in the state correctional system, shall be confined in the state correctional system on order of the Governor and treated as are other offenders.

HISTORY: Codes, 1942, § 7976; Laws, 1964, ch. 378, § 56; Laws, 1976, ch. 440, § 56; reenacted, Laws, 1981, ch. 465, § 61; reenacted, Laws, 1984, ch. 471, § 56; reenacted, Laws, 1986, ch. 413, § 56, eff from and after passage (approved March 28, 1986).

Cross References —

Constitutional authority for governor to grant reprieves, see Miss. Const. Art. 5, § 124.

Procedure upon violation of pardon, see §99-19-29.

§ 47-5-116. Installation of “Biddle guard” on vehicle transporting prisoner.

  1. The term “Biddle guard” means a device or partition installed in a vehicle operated by a law enforcement officer which separates the front and rear passenger compartments.
  2. It is unlawful to transport a prisoner who is committed to the Department of Corrections in a vehicle which is not equipped with a secure Biddle guard. Each prisoner shall be restrained and a state, county, municipal or private correctional facility shall not release a prisoner into the custody of a law enforcement officer unless the prisoner is being transported in a vehicle equipped in accordance with this section.
  3. The Commissioner of Corrections, sheriff or chief law enforcement officer who is responsible for a vehicle in which any transportation in violation of this section occurs shall be assessed a civil penalty of One Thousand Five Hundred Dollars ($1,500.00) which shall be collected by the Attorney General and paid into the State Treasury.
  4. The Commissioner of Corrections, sheriff or chief law enforcement officer who is responsible for a vehicle in which a prisoner is transported in violation of this section shall not be liable personally for any damages arising from injuries to persons or property caused by a prisoner who has escaped while being transported in violation of this section.
  5. This section does not apply to any vehicle used by a correctional officer for transporting prisoners on the grounds of a correctional facility under the jurisdiction of the department, to any vehicle used by a field officer of the Department of Corrections when taking a prisoner into the custody of the Department of Corrections or to any vehicle used to transport prisoners in work release programs.

HISTORY: Laws, 1989, ch. 380, § 1; Laws, 1999, ch. 525, § 1, eff from and after July 1, 1999.

OPINIONS OF THE ATTORNEY GENERAL

Any prisoner committed to the Department of Corrections must be transported in a vehicle equipped with a Biddle guard; this section does not apply to prisoners who have not been committed to the Department of Corrections. Hunter, August 13, 1999, A.G. Op. #99-0395.

This section applies to the transportation of a prisoner for any reason with the exception of transporting prisoners on the grounds of a correctional facility under the jurisdiction of the department, to any vehicle used by a field officer of the Department of Corrections when taking a prisoner into the custody of the Department of Corrections or to any vehicle used to transport prisoners in work release programs. Hunter, August 13, 1999, A.G. Op. #99-0395.

§ 47-5-117. Repealed.

Repealed by Laws of 1976, ch. 440, § 92, eff from and after July 1, 1976.

[Laws, 1964, ch. 378, § 59]

Editor’s Notes —

Former §47-5-117 dealt with the numbering of prisoners.

§ 47-5-119. Initial search of offender; disposition of money found thereon; misappropriation of offender’s money.

Offenders, when received into a facility of the correctional system, shall be carefully searched. If money be found on the person of the offender, or received by him at any time, it shall be taken in charge by the commissioner and placed to the offender’s credit and expended for the offender’s benefit on his written order and under such restrictions as may be prescribed by law or the rules. If an offender with money charged to his credit shall die from any cause while in a facility of the correctional system or be discharged without claiming such money, the commissioner shall make every effort to give notice of such fact to the discharged offender or to the beneficiary or nearest-known relative, if any, of the deceased or discharged offender, and upon a valid claim presented shall pay out such money to such discharged offender, beneficiary or nearest relative. After two (2) years from the date of giving such notice, or a valid attempt to give such notice, or two (2) years after the death of such offender, if the beneficiary or nearest relative is unknown, if such money has not been validly claimed, the commissioner shall make an affidavit of such fact, which sums shall escheat to the correctional system special vocational training program fund to help in offender rehabilitation. Any officer or employee having charge of the offenders’ money who misappropriates the same, or any part thereof, shall be deemed guilty of a felony, and upon conviction thereof shall be confined in the correctional system for a term of not more than five (5) years. All sums credited to the account of an offender who shall escape shall immediately, upon the offender’s escape, escheat to the special vocational training program fund to help in offender rehabilitation.

HISTORY: Codes, 1942, § 7947; Laws, 1964, ch. 378, § 27; Laws, 1968, ch. 378, § 1; Laws, 1976, ch. 440, § 57; reenacted, Laws, 1981, ch. 465, § 62; reenacted, Laws, 1984, ch. 471, § 57; reenacted, Laws, 1986, ch. 413, § 57, eff from and after passage (approved March 28, 1986).

RESEARCH REFERENCES

ALR.

Fourth Amendment as protecting prisoner against unreasonable searches or seizures. 32 A.L.R. Fed. 601.

§ 47-5-120. Transfer of offender for observation, diagnosis and treatment; board of examiners established to examine condition of certain offenders.

  1. Except as otherwise provided by law, the commissioner may transfer an offender for observation, diagnosis and treatment to another appropriate state department or institution, provided that he has given prior written notice to the administrator of the agency.
  2. The department of corrections shall create a board of examiners, hereinafter referred to as the “board,” who shall examine and evaluate the condition of offenders who are apparently suffering from psychosis, other mental illness, or dependency or addiction to drugs. The commissioner shall refer such offenders to the board which shall make a written report of its findings pertaining to each such offender. If all members of the board determine that an offender is in need of mental treatment or can obtain benefit from the programs of treatment for drug dependency or addiction at a facility of the department of mental health, then the board may authorize his transfer for observation, diagnosis, treatment and rehabilitation after prior written notice to the administrator of the facility of the department of mental health that is to receive the offender.
  3. The board shall be composed of the following:
    1. A physician on the staff of the Mississippi State Hospital at Whitfield, Mississippi, or the East Mississippi State Hospital at Meridian, Mississippi;
    2. A physician on the staff of the Mississippi Department of Corrections; and
    3. A physician to be selected by the commissioner of corrections who is not an employee of the department of corrections or the department of mental health.
  4. The board shall meet once each month at the correctional facility located at Parchman, Mississippi. All fees, compensation and expenses of the board shall be paid from funds appropriated to or otherwise available to the state department of corrections. The board is authorized to establish such rules and regulations as may be necessary to carry out the purposes of this section.
  5. While the offender is in another institution, his sentence shall continue to run. When the director of the institution to which an offender has been transferred determines that the offender is not in need of treatment or has recovered from the condition which occasioned the transfer or has received the maximum benefit of treatment and rehabilitation, the commissioner shall provide for his return to the department, unless his sentence has expired, in which case he shall be issued a discharge in accordance with law.

HISTORY: Laws, 1976, ch. 440, § 17; Laws, 1977, ch. 495, § 2; reenacted, Laws, 1981, ch. 465, § 63; reenacted, Laws, 1984, ch. 471, § 58; reenacted, Laws, 1986, ch. 413, § 58, eff from and after passage (approved March 28, 1986).

Cross References —

East Mississippi State Hospital, see §41-17-3.

Commitment of persons in need of mental treatment generally, see §§41-21-61 et seq.

Participation in a drug identification program by a person on probation or parole, see §§47-5-601 et seq.

§ 47-5-121. Separation of sexes.

All female offenders shall be kept separate and apart from male offenders. Where practicable, the commissioner shall keep the female offenders within a separate facility from the male offenders, and shall provide reasonable rules and regulations for the government of same.

HISTORY: Codes, 1942, § 7943; Laws, 1964, ch. 378, § 23; Laws, 1976, ch. 440, § 58; reenacted, Laws, 1981, ch. 465, § 64; reenacted, Laws, 1984, ch. 471, § 59; reenacted, Laws, 1986, ch. 413, § 59, eff from and after passage (approved March 28, 1986).

Cross References —

Constitutional authority for separation of sexes, see Miss. Const. Art. 10, § 225.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions § 31.

CJS.

72 C.J.S., Prisons and Rights of Prisoners § 53.

§ 47-5-122. Agricultural production as part of disciplinary or other programs; contracts for federal subsidies.

The Commissioner of Corrections may provide for agricultural production in connection with disciplinary programs, rehabilitation, inmate work projects, prison agricultural enterprise programs or any similar activity of the department; however, agricultural activities shall be conducted in a manner which are labor intensive and a minimum amount of mechanized or power-driven equipment shall be utilized to the extent practical and economically feasible.

The Department of Corrections is authorized to enter into contracts or agreements with the federal government with respect to agricultural subsidies or payments.

HISTORY: Laws, 1986, ch. 425, § 2; Laws, 1992, ch. 506, § 5, eff from and after passage (approved May 15, 1992).

§ 47-5-123. Repealed.

Repealed by Laws of 1976, ch. 440, § 92, eff from and after July 1, 1976.

[Laws, 1964, ch. 378, §§ 25, 22]

Editor’s Notes —

Former §47-5-123 dealt with the clothing to be furnished as required outerwear for prisoners.

§ 47-5-124. Uniform designations for offenders; restrictions on possession of radios, televisions and similar electronic devices; restrictions on weight lifting programs.

  1. Beginning January 1, 1995, the Department of Corrections shall phase in the following uniform designations for all offenders housed by the Department of Corrections:
    1. Maximum security offenders – Red and white horizontal stripes which are three (3) inches wide;
    2. Medium security offenders – Black and white horizontal stripes which are three (3) inches wide; and
    3. Minimum security offenders – Green and white horizontal stripes which are three (3) inches wide.

      No offender may wear any article of clothing that is not issued to the offender by the Department of Corrections. The word “convict” must be written on the back of the shirt or other upper outer garment of clothing.

  2. No convict incarcerated in a state correctional facility or a private correctional facility may be authorized or permitted to operate, use or have in his possession during the term of his incarceration any radio, television, record player, tape player, recorder, compact disc player, stereo or computer, except when such devices are used in a work incentive program authorized and administered by the Department of Corrections. The department shall develop and implement a plan to return such devices owned by inmates to the families of such inmates.
  3. No state correctional facility existing on August 23, 1994, and no correctional facility, public or private, constructed or contracted for under the provisions of this chapter shall include weight lifting equipment, except when such equipment is used in a work incentive program.
  4. An inmate is prohibited from possessing individual air conditioners. However, the Department of Finance and Administration and Department of Corrections shall determine the feasibility and cost effectiveness of heating and refrigerated air conditioning equipment for the cooling and heating of a correctional facility constructed after August 23, 1994.

HISTORY: Laws, 1994 Ex Sess, ch. 26, § 28; Laws, 2015, ch. 463, § 4, eff from and after July 1, 2015.

Amendment Notes —

The 2015 amendment deleted “or Regimented Inmate Discipline Program” preceding “authorized and administered by the Department of Corrections” in the next-to last sentence of (2); and deleted “or a Regimented Inmate Discipline program authorized and administered by the Department of Corrections” from the end of (3).

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 113, 117, 118.

CJS.

72 C.J.S., Prisons and Rights of Prisoners § 68.

§ 47-5-125. Repealed.

Repealed by Laws of 1976, ch. 440, § 92, eff from and after July 1, 1976.

[Laws, 1964, ch. 378, §§ 25, 22]

Editor’s Notes —

Former §47-5-125 dealt with the diet to be furnished prisoners.

§ 47-5-126. Working of inmates.

All inmates, unless physically unable, shall be required to perform such work as may be set out in the policy-making board of the institution.

HISTORY: Laws, 1976, ch. 440, § 91; reenacted, Laws, 1981, ch. 465, § 65; reenacted, Laws, 1984, ch. 471, § 60; reenacted, Laws, 1986, ch. 413, § 60, eff from and after passage (approved March 28, 1986).

Cross References —

Prohibition against use of offenders as servants, see §47-5-137.

Regulations relating to penitentiary-made goods, see §§47-5-301 et seq.

JUDICIAL DECISIONS

1. In general.

A prison inmate does not have a protected liberty interest in a particular job assignment under the due process clause. However, a liberty interest may be created by state law or prison regulation. McFadden v. State, 580 So. 2d 1210, 1991 Miss. LEXIS 306 (Miss. 1991).

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 176 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 21 et seq.

§ 47-5-127. Repealed.

Repealed by Laws of 1976, ch. 440, § 92, eff from and after July 1, 1976.

[Laws, 1964, ch. 378, § 26; Laws, 1974, ch. 539, § 25; Laws, 1975, ch. 485, § 1]

Editor’s Notes —

Former §47-5-127 related to the working of prisoners, the deduction of overtime and Sunday work from their sentences, and the forfeiture of such deductions for misconduct.

§ 47-5-128. Repealed.

Repealed by Laws of 1984, ch. 420, § 3, eff from and after July 1, 1984.

[Laws, 1974, ch. 539, § 21; Laws, 1976, ch. 440, § 59; Laws, 1977, ch. 479, § 2; Laws, 1978, ch. 301, § 5; brought forward, Laws, 1981, ch. 465, § 66]

Editor’s Notes —

Former §47-5-128 pertained to assignment of offenders to farming operations and the employment of other labor.

§ 47-5-129. Offenders to work certain roads; Sunflower County.

Sunflower County shall have the use of not over thirty-five (35) offenders six (6) workdays of each week for the purpose of working the roads of Sunflower County. The board of supervisors of Sunflower County shall lay out and designate the roads to be worked by the offenders, and the board of supervisors shall furnish transportation to and from the Parchman facility for the offenders. The supervision and handling of offenders while working on the roads shall be under the road sergeant, it being understood that all offenders so worked on the road shall be returned to the Parchman facility at night.

HISTORY: Codes, 1942, § 7955; Laws, 1964, ch. 378, § 35; Laws, 1976, ch. 440, § 60; reenacted, Laws, 1981, ch. 465, § 67; reenacted, Laws, 1984, ch. 471, § 61; reenacted, Laws, 1986, ch. 413, § 61, eff from and after passage (approved March 28, 1986).

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 176 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 21 et seq.

§ 47-5-131. Offenders to work certain roads; Quitman County.

Quitman County, Mississippi, shall have the use of not over twenty (20) offenders from the Parchman facility for five (5) workdays of each week for the purpose of working the roads of Quitman County. The board of supervisors of Quitman County shall lay out and designate roads to be worked by the offenders, and the board of supervisors shall furnish transportation to and from the Parchman facility for offenders.

HISTORY: Codes, 1942, § 7956; Laws, 1964, ch. 378, § 36; Laws, 1976, ch. 440, § 61; reenacted, Laws, 1981, ch. 465, § 68; reenacted, Laws, 1984, ch. 471, § 62; reenacted, Laws, 1986, ch. 413, § 62, eff from and after passage (approved March 28, 1986).

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 176 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 21 et seq.

§ 47-5-132. Housing of prisoners; “hot racking,” tents and “double bunking.”

  1. In addition to any other powers and duties of the Commissioner of Corrections, the commissioner is authorized to study and develop a plan for rotating bed space, known in military terms as “hot racking,” for adult offenders committed to the Department of Corrections. The plan, as determined by the commissioner, may include rotating shifts of labor, training and sleep.
  2. In addition, the commissioner may:
    1. In his discretion as he deems necessary to address emergency overcrowding situations, utilize military-style temporary housing facilities and infrastructure, for the incarceration of adult offenders committed to the department. Such facilities shall include tents or other temporary structures, any necessary ditches for drainage purposes, any temporary infrastructure and any other improvement or accompaniment to such structures. All such facilities shall be constructed as much as possible by adult offenders in the custody of the Department of Corrections, possessing the minimum constructions skills necessary.
    2. In his discretion, require that any bed in the state correctional system shall be converted to a bunk bed, in order that a space occupied by a bed will consist of a bed on top of a bed, which shall be known as “double-bunking.”

HISTORY: Laws, 1994 Ex Sess, ch. 26, § 29, eff from and after passage (approved August 23, 1994).

§ 47-5-133. Drainage of correctional system property; restriction on working of offenders off correctional system property.

The commissioner is authorized and empowered to use the offenders on or off the property of the correctional system to drain or improve the drainage of any property belonging to the correctional system. Except as otherwise specifically provided by law, no offenders at any time are to work off property of the correctional system except: (a) when some dire calamity or disaster exists or threatens, or (b) those offenders assigned to duty at the Governor’s Mansion (eight (8)). The Governor may order offenders to work to avert or control such calamity or disaster.

Provided, however, that the commissioner may authorize the working of offenders in support of any road construction, repair or other project of the State Highway Department upon proper request therefor by the State Highway Commission. In such cases the department shall establish all proper regulations for the working, guarding, safekeeping, clothing, housing and subsistence of offenders while so working.

Provided further, that the commissioner may authorize the working and housing of offenders in support of the Mississippi Bureau of Narcotics upon proper request therefor by the bureau. In such cases the department shall establish all proper regulations for the working, guarding, safekeeping, clothing, housing and subsistence of offenders while so working.

The commissioner may authorize the working of offenders in support of any aspect of Mississippi state government where such work would be appropriate and useful.

HISTORY: Codes, 1942, § 7964; Laws, 1964, ch. 378, § 44; Laws, 1976, ch. 440, § 62; reenacted, Laws, 1981, ch. 465, § 69; Laws, 1984, ch. 305, § 1; reenacted, Laws, 1984, ch. 471, § 63; reenacted, Laws, 1986, ch. 413, § 63; Laws, 1988, ch. 504, § 26; Laws, 1996, ch. 547, § 2, eff from and after passage (approved April 13, 1996).

Editor’s Notes —

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation.

Section 65-1-1 provides that whenever the term “Mississippi State Highway Department,” or the term “department” meaning the Mississippi State Highway Department, appears in the laws of this state, it shall mean the Mississippi Department of Transportation, and whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

Cross References —

Bureau of Narcotics, see §41-29-107 et seq.

Bureau of Narcotics work program, see §41-29-110.

Use of inmates of correctional institutions on highway projects, see §65-1-8.

JUDICIAL DECISIONS

1. In general.

Although §47-5-133 appears to prohibit working prison inmate on private property, making inmate do such work and not paying inmate for such work does not violate inmate’s constitutional or civil rights. Murray v. Mississippi Dep't of Corrections, 911 F.2d 1167, 1990 U.S. App. LEXIS 16467 (5th Cir. Miss. 1990), cert. denied, 498 U.S. 1050, 111 S. Ct. 760, 112 L. Ed. 2d 779, 1991 U.S. LEXIS 406 (U.S. 1991).

RESEARCH REFERENCES

ALR.

Application of Section 1 of 13th Amendment to United States Constitution, U.S. Const. Amend. XIII, 1, Prohibiting Slavery and Involuntary Servitude – Labor Required as Punishment for Crime. 87 A.L.R.6th 109.

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 176 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 21 et seq.

§ 47-5-134. Offenders to work for Habitat for Humanity or the Fuller Center for Housing, Inc.

The Commissioner of Corrections may authorize the working of offenders, on a voluntary basis, in support of Habitat for Humanity, Inc., or the Fuller Center for Housing, Inc., which are nonprofit organizations. However, offenders shall only be used to work on construction projects. The Department of Corrections shall establish all proper regulations for the working, guarding, safekeeping, clothing, housing and subsistence of offenders when they are working.

HISTORY: Laws, 1997, ch. 365, § 1; Laws, 2009, ch. 428, § 1, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment in the first sentence, inserted “or the Fuller Center for Housing, Inc., which are” following “Habitat for Humanity, Inc.,” and substituted “organizations” for “organization” at the end.

§§ 47-5-135 and 47-5-136. Repealed.

Repealed by Laws, 1983, ch. 391, § 2, eff from and after March 24, 1983.

§47-5-135. [Codes, 1942, § 7981; Laws, 1964, ch. 378, § 64; Laws, 1976, ch. 440, § 64; reenacted, Laws, 1981, ch. 465, § 70]

§47-5-136. [Codes, 1942, § 7922(b-d); Laws, 1972, ch. 468, § 1; Laws, 1976, ch. 440, § 65; reenacted, Laws, 1981, ch. 465, § 71]

Editor’s Notes —

Former §47-5-135 directed the superintendent reduce the number of offenders at the insane hospital.

Former §47-5-136 pertained to rehabilitation programs for drug offenders.

§ 47-5-137. Use of offenders as servants prohibited; exception.

Except as otherwise specifically provided by law, the use of offenders as servants, gardeners, chauffeurs, cooks, baby-sitters or domestic workers of any nature by an employee of the correctional system or by any other person in an individual household is hereby prohibited; provided, however, that the commissioner may use offenders for such work on the grounds of a facility of the correctional system.

HISTORY: Codes, 1942, § 7960; Laws, 1964, ch. 378, § 40; Laws, 1974, ch. 539, § 26; Laws, 1976, ch. 440, § 66; reenacted, Laws, 1981, ch. 465, § 72; reenacted, Laws, 1984, ch. 471, § 64; reenacted, Laws, 1986, ch. 413, § 64; Laws, 1996, ch. 547, § 3, eff from and after passage (approved April 13, 1996).

Cross References —

Prisoners permitted to work on public roads or other public works, see §47-1-9.

County prisoners may provide certain public service work, see §47-1-19.

Working of municipal prisoners, see §47-1-41.

Working of inmates, see §47-5-126.

Use of prisoners in county jails to pick up trash, see §§47-5-43 et seq.

Use of prisoners in county jails to maintain certain historic cemeteries and serve food in conjunction with nonprofit organizations, see §47-5-441.

JUDICIAL DECISIONS

1. In general.

A judge’s use of county prisoners to carry out personal labors on his own behalf justified removal of the judge from office. In re Collins, 524 So. 2d 553, 1987 Miss. LEXIS 2932 (Miss. 1987).

RESEARCH REFERENCES

ALR.

Liability of public officer or body for harm done by prisoner permitted to escape. 44 A.L.R.3d 899.

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 176 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 21 et seq.

§ 47-5-138. Earned time allowances; earned-release supervision; promulgations of rules and regulations; forfeiture generally; release of offender; phase-out of earned time release.

  1. The department may promulgate rules and regulations to carry out an earned time allowance program based on the good conduct and performance of an inmate. An inmate is eligible to receive an earned time allowance of one-half (1/2) of the period of confinement imposed by the court except those inmates excluded by law. When an inmate is committed to the custody of the department, the department shall determine a conditional earned time release date by subtracting the earned time allowance from an inmate’s term of sentence. This subsection does not apply to any sentence imposed after June 30, 1995.
  2. An inmate may forfeit all or part of his earned time allowance for a serious violation of rules. No forfeiture of the earned time allowance shall be effective except upon approval of the commissioner, or his designee, and forfeited earned time may not be restored.
    1. For the purposes of this subsection, “final order” means an order of a state or federal court that dismisses a lawsuit brought by an inmate while the inmate was in the custody of the Department of Corrections as frivolous, malicious or for failure to state a claim upon which relief could be granted.
    2. On receipt of a final order, the department shall forfeit:
      1. Sixty (60) days of an inmate’s accrued earned time if the department has received one (1) final order as defined herein;
      2. One hundred twenty (120) days of an inmate’s accrued earned time if the department has received two (2) final orders as defined herein;
      3. One hundred eighty (180) days of an inmate’s accrued earned time if the department has received three (3) or more final orders as defined herein.
    3. The department may not restore earned time forfeited under this subsection.
  3. An inmate who meets the good conduct and performance requirements of the earned time allowance program may be released on his conditional earned time release date.
  4. For any sentence imposed after June 30, 1995, an inmate may receive an earned time allowance of four and one-half (4-1/2) days for each thirty (30) days served if the department determines that the inmate has complied with the good conduct and performance requirements of the earned time allowance program. The earned time allowance under this subsection shall not exceed fifteen percent (15%) of an inmate’s term of sentence; however, beginning July 1, 2006, no person under the age of twenty-one (21) who has committed a nonviolent offense, and who is under the jurisdiction of the Department of Corrections, shall be subject to the fifteen percent (15%) limitation for earned time allowances as described in this subsection (5).
  5. Any inmate, who is released before the expiration of his term of sentence under this section, shall be placed under earned-release supervision until the expiration of the term of sentence. The inmate shall retain inmate status and remain under the jurisdiction of the department. The period of earned-release supervision shall be conducted in the same manner as a period of supervised parole. The department shall develop rules, terms and conditions for the earned-release supervision program. The commissioner shall designate the appropriate hearing officer within the department to conduct revocation hearings for inmates violating the conditions of earned-release supervision.
  6. If the earned-release supervision is revoked, the inmate shall serve the remainder of the sentence, but the time the inmate served on earned-release supervision before revocation, shall be applied to reduce his sentence.

HISTORY: Laws, 1977, ch. 479, § 6; brought forward, Laws, 1981, ch. 465, § 73; reenacted and amended, Laws, 1984, ch. 386; reenacted, Laws, 1984, ch. 471, § 65; Laws, 1985, ch. 531, § 2; reenacted, Laws, 1986, ch. 413, § 65; Laws, 1992, ch. 520, § 1; Laws, 1993, ch. 403, § 1; Laws, 1995, ch. 596, § 4; Laws, 1996, ch. 350, § 1; Laws, 1996, ch. 418, § 1; Laws, 1998, ch. 402, § 1; Laws, 2001, ch. 393, § 5; Laws, 2005, ch. 471, § 9; Laws, 2012, ch. 486, § 1; brought forward and amended, Laws, 2014, ch. 457, § 72, eff from and after July 1, 2014.

Amendment Notes —

The 2005 amendment added “however, beginning July 1, 2006, no person under the age of twenty-one (21) who has committed a nonviolent offense, and who is under the jurisdiction of the Department of Corrections, shall be subject to the fifteen percent (15%) limitation for earned time allowances as described in this subsection (5)” at the end of (5).

The 2012 amendment substituted “served on earned-release supervision before revocation, shall be applied to reduce his sentence” for “was on earned-release supervision, shall not be applied to and shall not reduce his sentence” at the end of (7).

The 2014 amendment brought the section forward and amended it with a minor stylistic change in (2).

Cross References —

Handbook explaining earned time procedure, see §47-5-140.

Meritorious earned time, see §47-5-142.

Provision for notice to the sheriff of the county in which an offender was convicted prior to release of the offender from the custody of the Department of Corrections, see §47-5-177.

Eligibility for earned time credit for inmates participating in joint state-county public service work programs, see §47-5-413.

Earned time credit for inmates participating in joint state-county work program, see §47-5-461.

Participation in a drug identification program by a person on probation or parole, see §§47-5-601 et seq.

Provisions relative to prison system overcrowding and the exercise of powers which tend to reduce prison system population or expand operating capacity during states of emergency, see §§47-5-701 et seq.

Utilization of powers which tend to reduce prison system population, including earned time allowances, prior to declaration of a prison system overcrowding state of emergency, see §47-5-705.

Procedures for revocation of conditional advancement of parole eligibility date during period of prison overcrowding, see §47-5-723.

Relationship between earned time allowances and advancement of parole eligibility dates during periods of prison overcrowding, see §47-5-727.

JUDICIAL DECISIONS

1. In general.

2. Constitutionality.

3. Final order.

4. Early release.

5. Revocation.

1. In general.

As the allegations in an inmate’s motion for postconviction relief were contradicted by his prior sworn statements, and his claims had no arguable basis in law or in fact and had no realistic chance for success, the postconviction court did not abuse its discretion in finding the motion frivolous and ordering the forfeiture of 60 days of his earned time under Miss. Code Ann. §47-5-138. Bell v. State, 102 So.3d 297, 2012 Miss. App. LEXIS 489 (Miss. Ct. App. 2012), cert. denied, 119 So.3d 328, 2013 Miss. LEXIS 446 (Miss. 2013).

Circuit court did not abuse its discretion in deeming appellant’s second post-conviction (PCR) motion frivolous and ordering the forfeiture of sixty days of his earned-time credit under Miss. Code Ann. §47-5-138(3)(b)(i) because appellant entered a voluntary guilty plea, which waived his right to challenge the search warrant; the PCR motion offered nothing more than conclusory allegations framed as newly discovered evidence, and it had no realistic chance of success, was not premised upon an arguably sound basis in fact and law, and set forth no facts that would warrant relief. Russell v. State, 73 So.3d 542, 2011 Miss. App. LEXIS 327 (Miss. Ct. App. 2011).

Miss. Code Ann. §47-5-138 limits the maximum amount of earned time and meritorious earned time an offender could receive to one-half of his total sentence, but there is nothing in the statute that automatically entitles an offender to serve only fifty percent of his sentence. Hearron v. Miss. Dep't of Corr., 22 So.3d 1238, 2009 Miss. App. LEXIS 827 (Miss. Ct. App. 2009).

Where defendant pled guilty to statutory rape, the trial court did not err by sentencing defendant to participate in the Mississippi Regimented Inmate Discipline Program program under its own discretion, and not under the earned-time allowance program administered by the Mississippi DOC. Gatlin v. State, 18 So.3d 290, 2009 Miss. App. LEXIS 199 (Miss. Ct. App. 2009).

Despite the fact that an inmate was entitled to an earned-time allowance of one-half of his total sentence, including mandatory time because he was convicted before the effective date of Miss. Code Ann. §47-5-139(1)(e), the earned-time allowance did not reduce the mandatory portions of his sentences or accelerate his parole eligibility date under Miss. Code Ann. §47-7-3(1) or his tentative discharge date. Adams v. Gibbs, 988 So. 2d 395, 2008 Miss. App. LEXIS 409 (Miss. Ct. App. 2008).

Trial judge unquestionably could consider both the civil file in defendant’s post-conviction-relief proceedings and the entire record in the criminal proceedings, including the transcript of the guilty-plea hearing, in determining not only the issue of the merits of defendant’s post-conviction-relief petition, but also the issue of whether the petition was frivolous for the purpose of considering sanctions; the trial judge did not abuse his discretion in sanctioning defendant via a forfeiture of sixty days of accrued earned time. Moore v. State, 986 So. 2d 928, 2008 Miss. LEXIS 326 (Miss. 2008).

Trial court did not err in ordering the Department of Corrections to forfeit 60 days of defendant’s accrued earned time pursuant to Miss. Code Ann. §47-5-138(3)(a) for filing a frivolous motion because defendant presented no argument that would enable him to prevail upon appeal. Waddell v. State, 999 So. 2d 375, 2008 Miss. App. LEXIS 93 (Miss. Ct. App. 2008).

Inmate’s appeal was frivolous where the complaint never had a realistic chance of success, it failed to present an arguably sound basis in fact or law, and the inmate could not prove any set of facts that would warrant relief; the Mississippi department of corrections had to apply the provisions of Miss. Code Ann. §47-5-138(3)(b)(i) regarding forfeiture of 60 days of the inmate’s earned time release, if the inmate had any. Bessent v. Clark, 974 So. 2d 928, 2007 Miss. App. LEXIS 633 (Miss. Ct. App. 2007).

In a case involving a motion for post-conviction relief, there was no error in finding that the motion was frivolous since there was no newly discovered evidence in a case arising from a guilty plea in 2004, as defendant had claimed; therefore, the loss of earned time was appropriate. Coleman v. State, 971 So. 2d 637, 2007 Miss. App. LEXIS 420 (Miss. Ct. App. 2007), cert. denied, 2007 Miss. LEXIS 681 (Miss. Dec. 6, 2007), cert. denied, 2007 Miss. LEXIS 684 (Miss. Dec. 6, 2007), cert. denied, 973 So. 2d 244, 2007 Miss. LEXIS 686 (Miss. 2007).

Notwithstanding a time bar, a post-conviction claim failed on the merits because earned time and trusty time were not allowed for an escape conviction under Miss. Code Ann. §47-5-139(3) since certain conditions were not met, and defendant was erroneously allowed to keep the time that was credited to his non-mandatory sentences; because defendant was convicted of violating a state statutory provision instead of a prison rule, he was not entitled to receive an administrative hearing and have the forfeiture of earned time approved. Golden v. Epps, 958 So. 2d 271, 2007 Miss. App. LEXIS 392 (Miss. Ct. App.), cert. dismissed, 968 So. 2d 948, 2007 Miss. LEXIS 610 (Miss. 2007).

Defendant was not prejudiced by the imposition of a forfeiture of good time based on a meritless motion for post-conviction relief because he was not eligible for such as a habitual offender. Adams v. State, 962 So. 2d 640, 2007 Miss. App. LEXIS 38 (Miss. Ct. App. 2007).

Defendant’s discontentment concerning the loss of good time credits was without merit; under Miss. Code Ann. §47-5-138, the court may order forfeiture of good time credits upon a finding that the lawsuit was frivolous; the trial court ruled that the present suit was frivolous, and the appellate court would not disturb that finding as defendant’s motion was procedurally barred. Smith v. State, 922 So. 2d 43, 2006 Miss. App. LEXIS 126 (Miss. Ct. App. 2006).

Order summarily dismissing petitioner’s motion for post-conviction relief was upheld where, contrary to his allegations, there was no requirement in Miss. Code Ann. §47-5-138 that there be an evidentiary hearing before a classification board prior to the loss of earned time; in his brief, petitioner did not address any of the specific instances in which his earned time was forfeited or show that any evidentiary hearing would have been beneficial. Stewart v. State, 938 So. 2d 344, 2006 Miss. App. LEXIS 694 (Miss. Ct. App. 2006).

As an inmate was sentenced after June 30, 1995, and was subject to the earned release supervision (ERS) that was present in Miss. Code Ann. §47-5-138(5), the inmate’s arguments that inmate’s fifteen percent earned time allowance should not be spent on ERS was without merit and his complaint was properly dismissed. Peters v. State, 935 So. 2d 1064, 2006 Miss. App. LEXIS 11 (Miss. Ct. App.), cert. denied, 936 So. 2d 367, 2006 Miss. LEXIS 400 (Miss. 2006).

Trial court did not err in applying the earned time forfeiture statute after the inmate’s petition for post-conviction relief was denied as the present petition addressed issues that had previously been raised and resolved on appeal. Moore v. Miss. Dep't of Corr., 936 So. 2d 941, 2005 Miss. App. LEXIS 973 (Miss. Ct. App. 2005), cert. denied, 2006 Miss. LEXIS 560 (Miss. Aug. 24, 2006).

Appellate court affirmed the denial of an inmate’s motion for post-conviction relief and his claim that he should have been released after serving seven and one-half years of his 15-year sentence, as it was clear that the Mississippi Department of Corrections (MDOC) had authority to revoke the inmate’s earned time under Miss. Code Ann. §47-5-138 for violating the internal rules of the MDOC. Sanders v. Miss. Dep't of Corr., 912 So. 2d 189, 2005 Miss. App. LEXIS 713 (Miss. Ct. App. 2005).

Trial court properly denied defendant’s “motion to correct sentence” because applying Miss. Code Ann. §47-5-138 to him was clearly impermissible under Miss. Code Ann. §47-7-3, as he was an offender over 19 years of age and clearly ineligible for parole. Smith v. State, 914 So. 2d 330, 2005 Miss. App. LEXIS 793 (Miss. Ct. App. 2005).

Because the record did not support any finding of ineffectiveness of counsel, the claim upon which defendant’s petition for post-conviction relief was based, but rather indicated that defendant understood all matters to which he pled and was satisfied with the performance of his attorney, it was within the trial court’s discretion to order that defendant forfeit 60 days of earned time. Stanley v. State, 904 So. 2d 1127, 2004 Miss. App. LEXIS 973 (Miss. Ct. App. 2004).

There was no merit to petitioner’s contention that, since he was not eligible to accrue earned time at the time of his attempted escape, during the mandatory portion of his sentence, he had no earned time to be forfeited; the escape attempt resulted in a forfeiture of all of petitioner’s earned time credit. Boler v. Bailey, 840 So. 2d 734, 2003 Miss. App. LEXIS 182 (Miss. Ct. App. 2003).

In determining whether a case brought in forma pauperis should be dismissed as frivolous, the courts had a three-part test; did the complaint have a realistic chance of success, did it present an arguably sound basis in fact and law, and could the complainant prove any set of facts that would warrant relief. Dock v. State, 802 So. 2d 1051, 2001 Miss. LEXIS 272 (Miss. 2001).

An inmate could not accrue earned-time allowance in excess of 15 percent of his sentence, all prisoners were required to serve, at a minimum, 85 percent of their term of confinement. Hall v. State, 800 So. 2d 1202, 2001 Miss. App. LEXIS 347 (Miss. Ct. App. 2001).

Nothing in the earned time forfeiture provision prevents pro se inmates from seeking relief; the purpose of the statute is to reduce frivolous filings on the part of all incarcerated individuals, whether literate or illiterate, pro se or represented by counsel. Holt v. State, 757 So. 2d 1088, 2000 Miss. App. LEXIS 211 (Miss. Ct. App. 2000).

The trial court acted within appropriate boundaries when ordering that a certified copy of the final order dismissing a petition for post-conviction relief as frivolous be forwarded to the Mississippi Department of Corrections for action under subsection (3)(b), where the petitioner had previously petitioned the trial court for relief from sentence and other relief, and the same was deemed frivolous in a prior order, and he then filed his second petition with knowledge that his first petition had been deemed frivolous. Holt v. State, 757 So. 2d 1088, 2000 Miss. App. LEXIS 211 (Miss. Ct. App. 2000).

While forfeiture of time has become an additional option that a trial judge may exercise in imposing sanctions for frivolous motions, the trial judge may also impose monetary sanctions. Retherford v. State, 749 So. 2d 269, 1999 Miss. App. LEXIS 550 (Miss. Ct. App. 1999).

Statutory amendment that required that 85% of sentence be served and that eliminated opportunities for parole that had previously existed was an ex post facto law as applied to defendants who had been charged with crimes before effective date of statute and whose charges were not to be disposed of until after effective date. Puckett v. Abels, 684 So. 2d 671, 1996 Miss. LEXIS 636 (Miss. 1996).

A prisoner serving a 20-year sentence was not entitled to a deduction of earned time from his parole eligibility date since he did not become eligible for earned time until after the Attorney General issued an opinion discontinuing the practice of allowing earned time to shorten parole eligibility. McFadden v. State, 523 So. 2d 77, 1988 Miss. LEXIS 87 (Miss. 1988).

The actions of corrections officials in designating a prisoner eligible for earned time, due to an administrative or clerical error, and then in withdrawing that designation, did not amount to a forfeiture of earned time without due process since no earned time was accumulated by the prisoner. Doctor v. State, 522 So. 2d 229, 1988 Miss. LEXIS 81 (Miss. 1988).

Reasonable and harmonious construction of §§47-5-138,47-5-139, and47-7-3 is that legislature intended them to maintain enhanced penalty that §99-19-81 imposes on habitual offenders, which penalty includes denial of certain privileges available to other prisoners. Perkins v. Cabana, 794 F.2d 168, 1986 U.S. App. LEXIS 27510 (5th Cir. Miss.), cert. denied, 479 U.S. 936, 107 S. Ct. 414, 93 L. Ed. 2d 366, 1986 U.S. LEXIS 4575 (U.S. 1986).

Defendant sentenced as habitual offender has no entitlement to credit for “good time.” Hardy v. State, 473 So. 2d 941, 1985 Miss. LEXIS 2166 (Miss. 1985).

2. Constitutionality.

This section is not unconstitutional, and does not violate the equal protection clause of the Fourteenth Amendment since neither prison inmates nor indigents constitute a suspect class entitled to heightened scrutiny under the equal protection clause. Tubwell v. Anderson, 776 So. 2d 654, 2000 Miss. LEXIS 189 (Miss. 2000).

The statute is not an unconstitutional ex post facto law, notwithstanding that it deprived the defendant of good time credits which he earned prior to the effective date of the statute, as the punitive measures required by the statute were applied to actions taken by the defendant after the effective date of the statute. Tubwell v. Anderson, 776 So. 2d 654, 2000 Miss. LEXIS 189 (Miss. 2000).

The defendant was not deprived of due process in connection with his forfeiture of good time credits as it was apparent that this section provides much greater procedural protections than those which are typically found in extra-judicial prison revocation proceedings in that it only provides for a revocation of good time credits in the event that a “final order” is issued dismissing the prisoner’s lawsuit. Tubwell v. Anderson, 776 So. 2d 654, 2000 Miss. LEXIS 189 (Miss. 2000).

This section is not rendered unconstitutional by the fact that it does not contain a provision granting inmates a right to counsel in appealing a revocation of good time credits under the statute as there is no right of counsel for appeals from inmate lawsuits which have been dismissed as frivolous. Tubwell v. Anderson, 776 So. 2d 654, 2000 Miss. LEXIS 189 (Miss. 2000).

The statute is not rendered unconstitutional by the fact that it does not contain a provision for an inmate to file an in forma pauperis appeal from a ruling ordering the forfeiture of a prisoner’s earned good time credits since there is no constitutional right to appeal in forma pauperis from inmate lawsuits which have been dismissed as frivolous. Tubwell v. Anderson, 776 So. 2d 654, 2000 Miss. LEXIS 189 (Miss. 2000).

3. Final order.

The orders dismissing an inmate’s lawsuits were final orders within the meaning of the statute where, in each of the orders, the trial court dismissed the lawsuit and expressly found that the suit was frivolous. Tubwell v. Anderson, 776 So. 2d 654, 2000 Miss. LEXIS 189 (Miss. 2000).

Based on the supreme court’s previous stern admonition to defendant and pursuant to Miss. Code Ann. §47-5-138(3)(a), the appellate court’s mandate was a “final order” that dismissed a lawsuit brought by an inmate while the inmate was in the custody of the Department of Corrections as frivolous, malicious or for failure to state a claim upon which relief could be granted, and the Mississippi Department of Corrections was directed and ordered that an additional 60, for a total of 120 days of accrued earned time would be forfeited by defendant. Roland v. State, 939 So. 2d 810, 2006 Miss. App. LEXIS 671 (Miss. Ct. App. 2006).

4. Early release.

Defendant’s sentence did not exceed the statutory maximum because the order only sent her to a restitution center if she was released on Earned Release Supervision or some other form of early release, and if she were released on Earned Release Supervision, any remaining time she served in a restitution center cannot exceed her statutory maximum sentence under state law. Stevens v. State, — So.3d —, 2020 Miss. App. LEXIS 128 (Miss. Ct. App. Apr. 21, 2020).

Where appellant served 1,077 days in prison on his four-year sentence for the sale of cocaine, he was released on earned-release supervision under Miss. Code Ann. §47-5-138. The discharge certificate from the Mississippi Department of Corrections reflected that appellant had served his four-year sentence. Branch v. State, 996 So. 2d 829, 2008 Miss. App. LEXIS 782 (Miss. Ct. App. 2008).

5. Revocation.

Although an inmate was a candidate for sanctions under Miss. Code Ann. §47-5-138(3)(a) and (b) for filing successive, frivolous motions for post-conviction relief, such sanctions would have no effect because he had been sentenced as a habitual offender under Miss. Code Ann. §99-19-81, and thus had no earned time to forfeit. Clay v. State, 168 So.3d 987, 2013 Miss. App. LEXIS 147 (Miss. Ct. App. 2013), cert. dismissed, 2013 Miss. LEXIS 651 (Miss. Dec. 12, 2013).

Denial of defendant’s motion for post-conviction relief, in which defendant challenged the revocation of his earned-release supervision (ERS), pursuant to Miss. Code Ann. §47-5-138(2), was clearly erroneous because defendant was never indicted for the conduct upon which the revocation was based, and at the revocation hearing, the State did not present evidence to prove defendant had violated an ERS rule and did not dispute any evidence that defendant had acted in self-defense. Morris v. State, 66 So.3d 716, 2011 Miss. App. LEXIS 399 (Miss. Ct. App. 2011).

OPINIONS OF THE ATTORNEY GENERAL

Earned time may only be forfeited if an inmate commits a violation felonious in nature or in the event of escape. Lucas, June 22, 1992, A.G. Op. #92-0443.

The Department of Corrections does not have the authority to award earned time to a defendant for time that was served in a municipal or county jail while awaiting trial. Anderson, July 10, 1998, A.G. Op. #98-0350.

RESEARCH REFERENCES

ALR.

Withdrawal, forfeiture, modification, or denial of good-time allowance to prisoner. 95 A.L.R.2d 1265.

Defendant’s Right to Credit for Time Spent in Halfway House, Rehabilitation Center, or Similar Restrictive Environment as Condition of Pretrial Release. 46 A.L.R.6th 63.

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 218-231.

22 Am. Jur. Trials 1, Prisoners' Rights Litigation.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 142-144, 146, 152.

§ 47-5-138.1. Trusties authorized to accumulate additional earned time; certain offenders in trusty status ineligible for time allowance.

  1. In addition to any other administrative reduction of sentence, an offender in trusty status as defined by the classification board of the Department of Corrections may be awarded a trusty-time allowance of thirty (30) days’ reduction of sentence for each thirty (30) days of participation during any calendar month in an approved program while in trusty status, including satisfactory participation in education or instructional programs, satisfactory participation in work projects and satisfactory participation in any special incentive program.
  2. An offender in trusty status shall not be eligible for a reduction of sentence under this section if:
    1. The offender was sentenced to life imprisonment;
    2. The offender was convicted as an habitual offender under Sections 99-19-81 through 99-19-87;
    3. The offender was convicted of a sex crime;
    4. The offender has not served the mandatory time required for parole eligibility, as prescribed under Section 47-7-3, for a conviction of robbery or attempted robbery through the display of a deadly weapon, carjacking through the display of a deadly weapon or a drive-by shooting; or
    5. The offender was convicted of trafficking in controlled substances under Section 41-29-139.

HISTORY: Laws, 1999, ch. 515, § 1; Laws, 2001, ch. 393, § 6; Laws, 2001, ch. 478, § 1; Laws, 2004, ch. 456, § 1; Laws, 2010, ch. 470, § 2; Laws, 2014, ch. 457, § 41, eff from and after July 1, 2014.

Joint Legislative Committee Note —

Section 6 of ch. 393 Laws of 2001, effective from and after July 1, 2001 (approved March 12, 2001), amended this section. Section 1 of ch. 478, Laws of 2001, effective July 1, 2001 (approved March 23, 2001), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 478, Laws of 2001, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Amendment Notes —

The 2004 amendment in (1), substituted “thirty (30)” for “ten (10)” and inserted “during any calendar month” following “thirty (30) days of participation”; and added (2).

The 2010 amendment rewrote (2)(e), which formerly read: “The offender was convicted of violating Section 41-29-139(a) and sentenced under Section 41-29-139(b) or 41-29-139(f).”

The 2014 amendment deleted former (2)(e) which read: “The offender was convicted of possession with the intent to deliver or sell a controlled substance under Section 41-29-139; or”; and redesigned the remaining subsection accordingly; and made minor stylistic changes throughout.

JUDICIAL DECISIONS

1. In general; construction.

2. Constitutionality.

1. In general; construction.

Circuit court erred in denying defendant’s motion for post-conviction relief because his plea was not knowingly, intelligently, and voluntarily made as result of the erroneous advice given to him by his appointed trial counsel—that a sentence for second-degree murder would be eligible for trusty-earned time—the judge did not discuss or mention defendant’s eligibility of trusty-earned time or that any term of incarceration would be served day for day during the plea colloquy, and the plea petition did not contradict in any shape or form defendant’s erroneous expectation about trusty-earned time, parole, or early release. Ulmer v. State, — So.3d —, 2020 Miss. App. LEXIS 85 (Miss. Ct. App. Mar. 17, 2020).

Because appellant’s argument that his sentence should be reduced or his probation modified under Miss. Code Ann. §47-5-138.1 was raised for the first time on appeal, it was procedurally barred, and appellant failed to implicate a fundamental constitutional right to except his argument from the procedural bar, therefore the trial court properly dismissed appellant’s motion for postconviction relief. Monroe v. State, 203 So.3d 1140, 2016 Miss. App. LEXIS 675 (Miss. Ct. App. 2016).

Inmate’s trusty-time credit was properly revoked because (1) anyone convicted of a sex offense was not eligible for such time, and (2) the inmate had been convicted of sexual battery, conspiracy to commit sexual battery, and contributing to the delinquency of a minor who was sexually abused. King v. McCarty, 196 So.3d 175, 2016 Miss. App. LEXIS 405 (Miss. Ct. App. 2016).

Notwithstanding a time bar, a post-conviction claim failed on the merits because earned time and trusty time were not allowed for an escape conviction under Miss. Code Ann. §47-5-139(3) since certain conditions were not met, and defendant was erroneously allowed to keep the time that was credited to his non-mandatory sentences; because defendant was convicted of violating a state statutory provision instead of a prison rule, he was not entitled to receive an administrative hearing and have the forfeiture of earned time approved. Golden v. Epps, 958 So. 2d 271, 2007 Miss. App. LEXIS 392 (Miss. Ct. App.), cert. dismissed, 968 So. 2d 948, 2007 Miss. LEXIS 610 (Miss. 2007).

Defendant, who was convicted of armed robbery, was not allowed to accrue earned-time credits because the sentence for armed robbery was a mandatory day for day sentence, and defendant was not eligible for parole. Wells v. State, 936 So. 2d 479, 2006 Miss. App. LEXIS 596 (Miss. Ct. App. 2006).

Because the inmate began serving his mandatory sentences as an habitual offender, totaling six years, on September 29, 2000, he would be serving them until September 29, 2006; and therefore, he remained ineligible for trusty status. Snow v. Johnson, 913 So. 2d 334, 2005 Miss. App. LEXIS 257 (Miss. Ct. App. 2005).

Both defendant and the Mississippi Attorney General’s Office agreed that defendant’s parole and release dates were incorrectly calculated as to the date his sentence began and credits and trusty time. Thus, the appellate court reversed the determination that defendant was not entitled to a hearing and remanded the matter to the Mississippi Parole Board to allow the Board to make the exact calculations of defendant’s parole and release dates; however, on remand, the Board was free to grant or deny defendant’s petition for parole and the circuit court had no authority to determine defendant’s parole eligibility. Lizana v. Scott, 910 So. 2d 31, 2005 Miss. App. LEXIS 30 (Miss. Ct. App. 2005).

There was no merit to petitioner’s contention that, since he was not eligible to accrue earned time at the time of his attempted escape during the mandatory portion of his sentence, he had no earned time to be forfeited; the escape attempt resulted in a forfeiture of all of petitioner’s earned time credit. Boler v. Bailey, 840 So. 2d 734, 2003 Miss. App. LEXIS 182 (Miss. Ct. App. 2003).

Proper interpretation of Miss. Code Ann. §§47-5-138.1,47-5-139, was that the prisoner was ineligible for earned time allowance on the habitual and mandatory portion of the prisoner’s sentences. Hill v. State, 838 So. 2d 994, 2002 Miss. App. LEXIS 637 (Miss. Ct. App. 2002).

2. Constitutionality.

Trial court erred in summarily dismissing an inmate’s petition seeking trusty status; since the record lacked sufficient factual findings to determine whether the application of Miss. Code Ann. §47-5-138.1 to the inmate constituted an ex post facto violation, resolution of this issue required an evidentiary hearing. Horton v. Epps, 20 So.3d 24, 2009 Miss. App. LEXIS 210 (Miss. Ct. App. 2009).

Trial court erred in summarily dismissing a prisoner’s motion for postconviction relief; an evidentiary hearing was necessary to decide whether application of the amended version of Miss. Code Ann. §47-5-138.1 to the prisoner, who had pleaded guilty to the crime of sale and transfer of cocaine, constituted an ex post facto violation. Gray v. State, 13 So.3d 283, 2008 Miss. App. LEXIS 611 (Miss. Ct. App. 2008), cert. denied, 2009 Miss. LEXIS 344 (Miss. July 23, 2009).

The amendment to Miss. Code Ann. §47-5-138.1 was not an ex post facto law; even though the amended statute held that an offender was not eligible for trusty status if the offender was convicted of trafficking in controlled substances, defendant continued to receive the 10 days for 30 days time benefit under the prior statute. Ross v. Epps, 922 So. 2d 847, 2006 Miss. App. LEXIS 141 (Miss. Ct. App. 2006).

§ 47-5-139. Certain inmates ineligible for earned time allowance; commutation to be based on total term of sentences; forfeiture of earned time in event of escape.

  1. An inmate shall not be eligible for the earned time allowance if:
    1. The inmate was sentenced to life imprisonment; but an inmate, except an inmate sentenced to life imprisonment for capital murder, who has reached the age of sixty-five (65) or older and who has served at least fifteen (15) years may petition the sentencing court for conditional release;
    2. The inmate was convicted as a habitual offender under Sections 99-19-81 through 99-19-87;
    3. The inmate has forfeited his earned time allowance by order of the commissioner;
    4. The inmate was convicted of a sex crime; or
    5. The inmate has not served the mandatory time required for parole eligibility for a conviction of robbery or attempted robbery with a deadly weapon.
  2. An offender under two (2) or more consecutive sentences shall be allowed commutation based upon the total term of the sentences.
  3. All earned time shall be forfeited by the inmate in the event of escape and/or aiding and abetting an escape. The commissioner may restore all or part of the earned time if the escapee returns to the institution voluntarily, without expense to the state, and without act of violence while a fugitive from the facility.
  4. Any officer or employee who shall willfully violate the provisions of this section and be convicted therefor shall be removed from office or employment.

HISTORY: Codes, 1942, § 7944; Laws, 1964, ch. 378, § 24; Laws, 1971, ch. 524, § 12; Laws, 1973, ch. 357, § 1; Laws, 1974, ch. 539, § 29; Laws, 1975, ch. 485, §§ 2, 5; Laws, 1976, ch. 389; Laws, 1976, ch. 440, § 67; Laws, 1977, ch. 479, § 3; reenacted, Laws, 1981, ch. 465, § 74; Laws, 1981, ch. 502, § 10; Laws, 1982, ch. 431, § 2; reenacted, Laws, 1984, ch. 471, § 66; reenacted, Laws, 1986, ch. 413, § 66; Laws, 1992, ch. 520, § 2; Laws, 1994 Ex Sess, ch. 25, § 6; Laws, 1995, ch. 596, § 5, eff from and after June 30, 1995.

Cross References —

Penalty of life imprisonment without parole for sale of specified quantities of certain drugs, see §41-29-139.

Classification committee, see §§47-5-99 et seq.

Proceedings before classification committee on demotion of offenders or forfeiture of earned time, see §47-5-104.

Handbook explaining earned time procedure, see §47-5-140.

Meritorious earned time, see §47-5-142.

Eligibility for earned time credit for inmates participating in joint state-county public service work programs, see §47-5-413.

Earned time credit for inmates participating in joint state-county work program, see §47-5-461.

Utilization of powers which tend to reduce prison system population, including earned time allowances, prior to declaration of a prison system overcrowding state of emergency, see §47-5-705.

Procedures for revocation of conditional advancement of parole eligibility date during period of prison overcrowding, see §47-5-723.

Relationship between earned time allowances and advancement of parole eligibility dates during periods of prison overcrowding, see §47-5-727.

JUDICIAL DECISIONS

1. In general; construction.

2. Constitutional issues.

3. Multiple sentences.

4. Eligibility for release.

5. Changes in regulation or in interpretation of regulation.

6. Conditional release.

7. Miscellaneous.

1. In general; construction.

Notwithstanding a time bar, a post-conviction claim failed on the merits because earned time and trusty time were not allowed for an escape conviction under Miss. Code Ann. §47-5-139(3) since certain conditions were not met, and defendant was erroneously allowed to keep the time that was credited to his non-mandatory sentences; because defendant was convicted of violating a state statutory provision instead of a prison rule, he was not entitled to receive an administrative hearing and have the forfeiture of earned time approved. Golden v. Epps, 958 So. 2d 271, 2007 Miss. App. LEXIS 392 (Miss. Ct. App.), cert. dismissed, 968 So. 2d 948, 2007 Miss. LEXIS 610 (Miss. 2007).

Defendant was not entitled to parole consideration on a rape conviction based on the fact that defendant was 19 when the offense was committed because the former Miss. Code Ann. §47-7-3 allowed parole consideration only in cases where the defendant was convicted of statutory rape; former Miss. Code Ann. §47-5-139 precluded good time credit for any sex offense. Braziel v. Bailey, 835 So. 2d 962, 2003 Miss. App. LEXIS 223 (Miss. Ct. App. 2003).

There was no merit to petitioner’s contention that, since he was not eligible to accrue earned time at the time of his attempted escape during the mandatory portion of his sentence, he had no earned time to be forfeited; the escape attempt resulted in a forfeiture of all of petitioner’s earned time credit. Boler v. Bailey, 840 So. 2d 734, 2003 Miss. App. LEXIS 182 (Miss. Ct. App. 2003).

Proper interpretation of Miss. Code Ann. §§47-5-138.1,47-5-139, was that the prisoner was ineligible for earned time allowance on the habitual and mandatory portion of the prisoner’s sentences. Hill v. State, 838 So. 2d 994, 2002 Miss. App. LEXIS 637 (Miss. Ct. App. 2002).

A prisoner may not earn good time during service of a mandatory portion of his period of confinement and later use that good time earned upon expiration of the mandatory portion of his sentence. Wilson v. Puckett, 721 So. 2d 1110, 1998 Miss. LEXIS 434 (Miss. 1998).

A defendant convicted of armed robbery was not eligible to reduce his sentence with the grant of administrative good time, pursuant to §47-5-139, since earned time for good conduct and performance only applies to inmates who are eligible for parole, and defendant was not entitled to parole under §47-7-3, which required him to serve his full 10-year sentence. Cooper v. State, 439 So. 2d 1277, 1983 Miss. LEXIS 2983 (Miss. 1983).

2. Constitutional issues.

Where a juvenile convicted of murder receives a life sentence, conditional release does not satisfy the mandate of Miller v. Alabama, 2012 U.S. LEXIS 4873, because conditional release is more akin to clemency, which is different from parole despite some surface similarities, and conditional release would not be determined by the sentencing authority at the time of sentencing based on age and other characteristics, as Miller mandates. Parker v. State, 119 So.3d 987, 2013 Miss. LEXIS 321 (Miss. 2013).

Defendant, convicted of murder, argued that because of his age, under Miss. Code Ann. §47-5-139(1)(a) he was subjected to greater punishment for his crime than others sentenced to life imprisonment at age 50 or older; the appellate court rejected his argument that the age distinction in the statute subjected a younger individual to a longer punishment that was cruel and unusual, since his life sentence fell within the statutory limits designated by the Mississippi Legislature. Knox v. State, 912 So. 2d 1004, 2005 Miss. App. LEXIS 207 (Miss. Ct. App.), cert. denied, 921 So. 2d 344, 2005 Miss. LEXIS 686 (Miss. 2005).

Inmate’s petition arguing that the Mississippi Department of Corrections illegally took his earned time allowance away from him was properly dismissed for failure to state a claim. The inmate claims of due process/ex post facto violations were fatally flawed as had not legally acquired any earned time allowances because he was not eligible for earn time allowances on the mandatory portion of his sentences for armed robbery, pursuant to Miss. Code Ann. §47-5-139(1)(e). Adams v. Epps, 900 So. 2d 1210, 2005 Miss. App. LEXIS 145 (Miss. Ct. App.), cert. dismissed, 901 So. 2d 1273, 2005 Miss. LEXIS 291 (Miss. 2005).

Defendant’s sentence of life imprisonment for murder conviction was upheld because Miss. Code Ann. §47-5-139(1)(a) was not violative of defendant’s due process and equal protection rights by specifying criteria to consider in determining which inmates could or could not be considered for earned time allowance. Martin v. State, 871 So. 2d 693, 2004 Miss. LEXIS 416 (Miss. 2004).

Denial of credit for time served in jail and of “good time” to person convicted of felony who appeals judgment of conviction and who remains in jail pending disposition of appeal due to inability to make bond, while allowing credit for time served in jail and award of “good time” to convicted felons serving sentence in county jail without appealing conviction is denial of equal protection, contrary to Fourteenth Amendment. Lacy v. State, 468 So. 2d 63, 1985 Miss. LEXIS 2040 (Miss. 1985).

A defendant convicted of armed robbery after 1977 and sentenced to serve less than 10 years in the penitentiary, and who was therefore not eligible for parole pursuant to §47-7-3, was not subjected to enforcement of an ex post facto law by a policy of the Department of Corrections administratively barring him from earning good time after January, 1981, although good time earned prior to that date was not taken away, notwithstanding the provisions of §47-5-139, since the statutory provisions regarding good time remained unchanged, and since administrative interpretation of a clearly worded statute is not a “law” within the scope and contemplation of the ex post facto clauses of the federal and state Constitutions. Tiller v. State, 440 So. 2d 1001, 1983 Miss. LEXIS 2981 (Miss. 1983).

3. Multiple sentences.

A defendant who was sentenced to 10 years imprisonment for armed robbery and 15 years imprisonment for manslaughter to run consecutively, would be eligible for parole on March 30, 1993, where he began the service of his 10-year armed robbery sentence on the date of his initial arrest pursuant to §99-19-23, he was legally released from that sentence 10 years later on February 5, 1990 but remained held under the 15-year manslaughter sentence, and he earned substantial meritorious earned time; although he would ordinarily have been required to serve at least 1/4 of the manslaughter sentence-3 years and 9 months-before he became eligible for parole, his earned time advanced his earliest parole eligibility date by approximately 7 months. Milam v. State, 578 So. 2d 272, 1991 Miss. LEXIS 225 (Miss. 1991).

Reasonable and harmonious construction of §§47-5-138,47-5-139, and47-7-3 is that legislature intended them to maintain enhanced penalty that §99-19-81 imposes on habitual offenders, which penalty includes denial of certain privileges available to other prisoners. Perkins v. Cabana, 794 F.2d 168, 1986 U.S. App. LEXIS 27510 (5th Cir. Miss.), cert. denied, 479 U.S. 936, 107 S. Ct. 414, 93 L. Ed. 2d 366, 1986 U.S. LEXIS 4575 (U.S. 1986).

Under the requirement of §47-7-3 that a person under a life sentence becomes eligible for parole after ten years, a prisoner serving three consecutive life terms would not be eligible for parole until he had served at least ten years of each life sentence less 30 percent of earned good time, since §47-5-139(3) mandates the mathematical process of multiplying the number of life sentences imposed upon the prisoner by ten years to determine the date upon which the prisoner would become eligible for parole. Davis v. State, 429 So. 2d 262, 1983 Miss. LEXIS 2555 (Miss. 1983).

4. Eligibility for release.

Inmate did not receive ineffective assistance of counsel as: (1) the plea petition, the guilty-plea colloquy, and the post-conviction relief evidentiary hearing, taken together, reflected that defense counsel correctly advised the inmate of the life sentence for murder, his potential for release at age 65, and the correct sentencing statutory provision, Miss. Code Ann. §47-7-3(1)(f), which prohibited parole eligibility because the inmate pled guilty to murder and was sentenced to life imprisonment; (2) the inmate had the potential for release Miss. Code Ann. §47-5-139(1)(a) at age 65 after serving 15 years by petitioning for early release at or after age 65; (3) the inmate was 36 years old at the time of his guilty plea and sentence; (4) upon reaching age 65, the inmate would have served substantially more than 15 years; and (5) the inmate admitted being advised of his eligibility to be released at age 65. Higginbotham v. State, 114 So.3d 9, 2012 Miss. App. LEXIS 595 (Miss. Ct. App. 2012), cert. denied, 116 So.3d 1072, 2013 Miss. LEXIS 317 (Miss. 2013).

5. Changes in regulation or in interpretation of regulation.

Defendant who enters plea of guilty to charge of armed robbery pursuant to plea bargain agreement in reliance upon erroneous advice of attorney that defendant will be eligible for earned good time and will be subject to release after serving 7 years of sentence is entitled to vacation of guilty plea and reinstatement of innocent plea when Mississippi Department of Corrections changes administrative policy to comply with §§47-5-139,47-7-3, thereby requiring that defendant serve minimum of 10 years. Coleman v. State, 483 So. 2d 680, 1986 Miss. LEXIS 2336 (Miss. 1986).

A petitioner who enters a guilty plea to armed robbery pursuant to plea bargain agreement upon erroneous advice of counsel that petitioner will be eligible for earned good time and will be subject to release after serving 7 years of sentence is not subjected to ex post facto law when Mississippi Department of Corrections changes administrative policy to comply with §§47-5-139 and47-7-3, causing petitioner to serve minimum of 10 years. Coleman v. State, 483 So. 2d 680, 1986 Miss. LEXIS 2336 (Miss. 1986).

A defendant convicted of armed robbery after 1977 and sentenced to serve less than 10 years in the penitentiary, and who was therefore not eligible for parole pursuant to §47-7-3, was not subjected to enforcement of an ex post facto law by a policy of the Department of Corrections administratively barring him from earning good time after January, 1981, although good time earned prior to that date was not taken away, notwithstanding the provisions of §47-5-139, since the statutory provisions regarding good time remained unchanged, and since administrative interpretation of a clearly worded statute is not a “law” within the scope and contemplation of the ex post facto clauses of the federal and state Constitutions. Tiller v. State, 440 So. 2d 1001, 1983 Miss. LEXIS 2981 (Miss. 1983).

6. Conditional release.

Miss. Code Ann. §97-3-21 was not unconstitutionally vague and did not apply to the inmate where the inmate confused parole with conditional release as: (1) Miss. Code Ann. §47-7-3(1)(f) prohibited parole for an inmate sentenced to life under Miss. Code Ann. §99-19-101 for capital offenses; (2) since the inmate pled guilty to murder, carrying a life sentence, he was convicted of an other capital offense under Miss. Code Ann. §1-3-4; and (3) the inmate was eligible to petition for conditional release at age 65 under Miss. Code Ann. §47-5-139(1)(a). Higginbotham v. State, 114 So.3d 9, 2012 Miss. App. LEXIS 595 (Miss. Ct. App. 2012), cert. denied, 116 So.3d 1072, 2013 Miss. LEXIS 317 (Miss. 2013).

Defendant’s guilty plea to murder under Miss. Code Ann. §97-3-19(1)(a) was knowing, voluntary, and intelligent as defense counsel correctly advised the inmate that when he reached the 65, he could petition to be released from custody under Miss. Code Ann. §47-5-139(1)(a); while counsel might have used the term “parole eligibility” rather than the correct term “conditional release,” he correctly advised the inmate that he would be eligible for release at age 65. Higginbotham v. State, 114 So.3d 9, 2012 Miss. App. LEXIS 595 (Miss. Ct. App. 2012), cert. denied, 116 So.3d 1072, 2013 Miss. LEXIS 317 (Miss. 2013).

7. Miscellaneous.

Inmate’s claim of ineffective assistance lacked merit, as the inmate’s claims that he would not have entered his guilty plea for fondling if his attorney had not misrepresented his eligibility for parole was contradicted by the fact that, at the plea hearing, he indicated he had not been promised anything in order to make him enter his guilty plea and was aware of the maximum sentence that could have been imposed. Brown v. State, 187 So.3d 667, 2016 Miss. App. LEXIS 132 (Miss. Ct. App. 2016).

Trial court did not err in dismissing an inmate’s petition alleging that the Mississippi Department of Corrections improperly computed his discharge date and that he had to be released from prison because the inmate was not entitled to any earned-time credit, and his time had been properly computed; because Miss. Code Ann. §99-19-81 clearly stated that a habitual offender’s sentence would not be reduced, the inmate was required to serve the maximum term of imprisonment for his crime of aggravated assault of a law enforcement officer, which was thirty years’ imprisonment, Miss. Code Ann. §97-3-7(2), and was the sentence that the inmate received. Lee v. Kelly, 34 So.3d 1203, 2010 Miss. App. LEXIS 75 (Miss. Ct. App. 2010).

In a post-conviction relief case in which a pro se inmate had pled guilty to armed robbery, he argued unsuccessfully that constitutional rights were violated because he was sentenced to serve a mandatory 10-year sentence without the benefit of earned time. Pursuant to Miss. Code Ann. §47-5-139(1)(e), an inmate was not eligible for earned-time credit when the inmate had not served the mandatory time required for parole eligibility for a conviction of robbery or attempted robbery with a deadly weapon, and, pursuant to Miss. Code Ann. §47-7-3(1)(d)(ii) (now47-7-3(1)(c)(ii)), he was not eligible for parole since he had been convicted of armed robbery after October 1, 1994. Diggs v. State, 46 So.3d 361, 2010 Miss. App. LEXIS 55 (Miss. Ct. App.), cert. denied, 49 So.3d 636, 2010 Miss. LEXIS 561 (Miss. 2010).

Despite the fact that an inmate was entitled to an earned-time allowance of one-half of his total sentence, including mandatory time because he was convicted before the effective date of Miss. Code Ann. §47-5-139(1)(e), the earned-time allowance did not reduce the mandatory portions of his sentences or accelerate his parole eligibility date under Miss. Code Ann. §47-7-3(1) or his tentative discharge date. Adams v. Gibbs, 988 So. 2d 395, 2008 Miss. App. LEXIS 409 (Miss. Ct. App. 2008).

Although appellant argued that the trial court failed to inform him that he would be eligible for earned time pursuant to Miss. Code Ann. §47-5-139(1) only after serving 10 years of his sentence, because appellant was convicted after October 1, 1994, appellant was not eligible for parole pursuant to Miss. Code Ann. §47-7-3(d)(ii) (now47-7-3(1)(c)(ii)). Since appellant was not eligible for parole, appellant was precluded from accumulating earned time pursuant to §47-5-139(1)(e). Robinson v. State, 4 So.3d 361, 2008 Miss. App. LEXIS 399 (Miss. Ct. App. 2008), cert. denied, 11 So.3d 1250, 2009 Miss. LEXIS 112 (Miss. 2009).

Post-conviction relief was properly denied in an armed robbery case because a trial court correctly stated that, due to the nature of the charges, defendant was not eligible for parole, and he had to serve his entire 30-year sentence; defendant was not eligible under Miss. Code Ann. §47-5-139 until the mandatory portion of his sentence had been served. Robinson v. State, 964 So. 2d 609, 2007 Miss. App. LEXIS 607 (Miss. Ct. App. 2007).

Appellant was not entitled to earned time credit under Miss. Code Ann. §47-5-139(1)(e) where appellant had not served the mandatory time required for parole eligibility for a conviction of armed robbery; appellant had to serve the entire sentence under Miss. Code Ann. §47-7-3(1)(d)(ii). Sykes v. Epps, 963 So. 2d 31, 2007 Miss. App. LEXIS 518 (Miss. Ct. App. 2007).

Pursuant to Miss. Code Ann. §47-5-139(1)(e), an inmate was not entitled to receive earned time until he had served the mandatory portion of sentence; the inmate was not entitled to receive eighteen-and-one-half years earned time, and any calculation that the Mississippi Department of Correction (MDOC) mistakenly gave did not change that fact; the incorrect sentence computation given to the inmate did not operate to increase his earned time, which had been properly calculated by MDOC as thirteen-and-one-half years. Guy v. Box, 925 So. 2d 139, 2006 Miss. App. LEXIS 202 (Miss. Ct. App. 2006).

Defendant, who was convicted of armed robbery, was not allowed to accrue earned-time credits because the sentence for armed robbery was a mandatory day for day sentence, and defendant was not eligible for parole. Wells v. State, 936 So. 2d 479, 2006 Miss. App. LEXIS 596 (Miss. Ct. App. 2006).

Although the inmate argued that Miss. Code Ann. §47-5-139 should be interpreted to allow his non-mandatory sentences to run concurrently with his mandatory sentences, thus entitling him to be released from prison; the appellate court was unable to grant such relief where the Mississippi Department of Corrections (MDOC) had to be allowed to interpret its statutes in a manner that allowed the Mississippi Parole Board to impose an enhanced penalty for habitual offenders, and MDOC’s interpretation of Miss. Code Ann. §99-19-21 as it applied to subsequent mandatory sentences was correct. Snow v. Johnson, 913 So. 2d 334, 2005 Miss. App. LEXIS 257 (Miss. Ct. App. 2005).

A prisoner was not permitted to earn good time credit during service of the mandatory portion of his period of confinement and then use that good time earned upon expiration of the mandatory portion of the sentence. Williams v. Puckett, 624 So. 2d 496, 1993 Miss. LEXIS 420 (Miss. 1993).

The district court’s findings as to the illegality of the disciplinary procedures at the Mississippi State Penitentiary, and the relief therein granted, were affirmed. Gates v. Collier, 501 F.2d 1291, 1974 U.S. App. LEXIS 6790 (5th Cir. Miss. 1974).

RESEARCH REFERENCES

ALR.

Withdrawal, forfeiture, modification, or denial of good-time allowance to prisoner. 95 A.L.R.2d 1265.

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 218-231.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 142-144, 146, 152.

§ 47-5-140. Earned time handbook.

Each county attorney, district attorney, each member of the Parole Board and circuit judge shall be provided a copy of a handbook prepared by the commissioner which shall include a copy of Section 47-5-138 and Section 47-5-139, and shall clearly show how such sections would apply to an offender sentenced to terms of various lengths. Each offender shall be provided a copy of the handbook upon arrival at the correctional system and have it explained to him as a part of his initial orientation.

HISTORY: Laws, 1975, ch. 485, § 4; Laws, 1976, ch. 440, § 68; reenacted, Laws, 1981, ch. 465, § 75; reenacted, Laws, 1984, ch. 471, § 67; reenacted, Laws, 1986, ch. 413, § 67; Laws, 1992, ch. 520, § 3, eff from and after passage (approved May 14, 1992).

Cross References —

Earned time for good conduct, see §§47-5-138,47-5-139.

Trusties authorized to accumulate additional earned time, see §47-5-138.1.

§ 47-5-141. Repealed.

Repealed by Laws, 1983, ch. 391, § 2, eff from and after March 24, 1983.

[Codes, 1942, § 7985; Laws, 1964, ch. 378, § 65; Laws, 1966, ch. 543, § 1; Laws, 1973, ch. 327, § 1; Laws, 1976, ch. 440, § 69; reenacted, Laws, 1981, ch. 465, § 76; en, Laws, 1982, ch. 431, § 3]

Editor’s Notes —

Former §47-5-141 provided for voluntary donations of blood.

§ 47-5-142. Meritorious earned time.

  1. In order to provide incentive for offenders to achieve positive and worthwhile accomplishments for their personal benefit or the benefit of others, and in addition to any other administrative reductions of the length of an offender’s sentence, any offender shall be eligible, subject to the provisions of this section, to receive meritorious earned time as distinguished from earned time for good conduct and performance.
  2. Subject to approval by the commissioner of the terms and conditions of the program or project, meritorious earned time may be awarded for the following: (a) successful completion of educational or instructional programs; (b) satisfactory participation in work projects; and (c) satisfactory participation in any special incentive program.
  3. The programs and activities through which meritorious earned time may be received shall be published in writing and posted in conspicuous places at all facilities of the department and such publication shall be made available to all offenders in the custody of the department.
  4. The commissioner shall make a determination of the number of days of reduction of sentence which may be awarded an offender as meritorious earned time for participation in approved programs or projects; the number of days shall be determined by the commissioner on the basis of each particular program or project.
  5. No offender shall be awarded any meritorious earned time while assigned to the maximum security facilities for disciplinary purposes.
  6. All meritorious earned time shall be forfeited by the offender in the event of escape and/or aiding and abetting an escape.
  7. Any officer or employee of the department who shall willfully violate the provisions of this section and be convicted therefor shall be removed from office or employment.
  8. An offender may forfeit all or any part of his meritorious earned time allowance for just cause upon the written order of the commissioner or his designee. Any meritorious earned time allowance forfeited under this section shall not be restored nor shall it be re-earned by the offender.

HISTORY: Laws, 1985, ch. 531, § 1; Laws, 1992, ch. 520, § 4; Laws, 2009, ch. 316, § 1; brought forward without change, Laws, 2014, ch. 457, § 73, eff from and after July 1, 2014.

Amendment Notes —

The 2009 amendment deleted the former last 3 sentences from the end of (4), which placed a cap on the number of days that could be awarded under the meritorious earned time program.

The 2014 amendment brought the section forward without change.

Cross References —

Earned time, generally, see §§47-5-138,47-5-139.

Earned time credit for inmates participating in joint state-county public service work programs, see §§47-5-413.

Prison Overcrowding Emergency Powers Act, see §§47-5-701 et seq.

Effect of meritorious earned time upon parole eligibility, see §47-7-3.

Penalties for state and county prisoners who escape from custody, see §§97-9-43 et seq.

JUDICIAL DECISIONS

1. In general.

The meritorious earned time provision in Miss. Code Ann. §47-5-142 clearly referred to a “reduction of sentence,” and was not subject to the earned release supervision in Miss. Code Ann. §47-5-138(5). Peters v. State, 935 So. 2d 1064, 2006 Miss. App. LEXIS 11 (Miss. Ct. App.), cert. denied, 936 So. 2d 367, 2006 Miss. LEXIS 400 (Miss. 2006).

Both defendant and the Mississippi Attorney General’s Office agreed that defendant’s parole and release dates were incorrectly calculated in regard to the date his sentence began, and as to credits and trusty time. Thus, the appellate court reversed the determination that defendant was not entitled to a hearing and remanded the matter to the Mississippi Parole Board to allow the Board to make the exact calculations of defendant’s parole and release dates; however, on remand, the Board was free to grant or deny defendant’s petition for parole and the circuit court had no authority to determine defendant’s parole eligibility. Lizana v. Scott, 910 So. 2d 31, 2005 Miss. App. LEXIS 30 (Miss. Ct. App. 2005).

Inmate’s suit against prison officials seeking 180 days of meritorious earned time was properly dismissed where awarding the credit was within the discretion of the officials pursuant to Miss. Code Ann. §47-5-142, the inmate failed to resolve the matter by contacting his work supervisor, and he received no injury resulting from the denial of his meritorious earned time award. Green v. Sparkman, 829 So. 2d 1290, 2002 Miss. App. LEXIS 588 (Miss. Ct. App. 2002), cert. denied, 840 So. 2d 716, 2003 Miss. LEXIS 173 (Miss. 2003).

The unexplained failure to award an inmate meritorious earned time did not amount to a violation of his federal and state constitutional rights to due process and equal protection, since an inmate’s earning of “time” is a matter of grace or privilege under §47-5-142, which provides that “meritorious earned time may be awarded.” Since correctional officials are vested with discretionary power to award time under certain conditions, inmates are not entitled to it. Ross v. State, 584 So. 2d 777, 1991 Miss. LEXIS 483 (Miss. 1991).

A defendant who was sentenced to 10 years imprisonment for armed robbery and 15 years imprisonment for manslaughter to run consecutively, would be eligible for parole on March 30, 1993, where he began the service of his 10-year armed robbery sentence on the date of his initial arrest pursuant to §99-19-23, he was legally released from that sentence 10 years later on February 5, 1990 but remained held under the 15-year manslaughter sentence, and he earned substantial meritorious earned time; although he would ordinarily have been required to serve at least 1/4 of the manslaughter sentence-3 years and 9 months-before he became eligible for parole, his earned time advanced his earliest parole eligibility date by approximately 7 months. Milam v. State, 578 So. 2d 272, 1991 Miss. LEXIS 225 (Miss. 1991).

RESEARCH REFERENCES

ALR.

Withdrawal, forfeiture, modification, or denial of good-time allowance to prisoner. 95 A.L.R.2d 1265.

Denial of state prisoner’s application for, or revocation of, participation in work or study release program or furlough program as actionable under Civil Rights Act of 1871 (42 USCS § 1983). 55 A.L.R. Fed. 208.

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 218-231.

22 Am. Jur. Trials 1, Prisoners' Rights Litigation.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 144-146, 148, 154.

§§ 47-5-143 and 47-5-145. Repealed.

Repealed by Laws, 1976, ch. 440, § 92, eff from and after July 1, 1976.

§47-5-143. [Laws, 1964, ch. 378, § 45; Laws, 1971, ch. 524, § 10]

§47-5-145. [Laws, 1964, ch. 378, § 48]

Editor’s Notes —

Former §47-5-143 prohibited the use of trusty guards from and after July 1, 1974, and authorized the employment of civilian guards.

Former §47-5-145 regulated the discipline to be administered for prisoner infractions and made it a felony for any prison employee to violate the section, punishable by dismissal and imprisonment for 1-5 years.

§ 47-5-147. Governor may authorize payment of reward for apprehension of escaped offender.

When an offender escapes from the custody of the department, the commissioner shall immediately notify the Governor who shall have exclusive power to authorize the payment of a reward, in his discretion, not exceeding Fifty Dollars ($50.00), out of any money available in the state treasury not otherwise appropriated, for the arrest and delivery of such offender to the proper authorities.

HISTORY: Codes, 1942, § 7963; Laws, 1964, ch. 378, § 43; Laws, 1976, ch. 440, § 70; reenacted, Laws, 1981, ch. 465, § 77; reenacted, Laws, 1984, ch. 471, § 68; reenacted, Laws, 1986, ch. 413, § 68, eff from and after passage (approved March 28, 1986).

RESEARCH REFERENCES

Am. Jur.

27A Am. Jur. 2d, Escape §§ 1 et seq.

§ 47-5-149. United States offenders subject to the laws of the state.

If any offender of the United States courts who has been delivered to the custody of the department shall escape or attempt to escape, or shall commit any other crime while in the state correctional system, he shall be liable to the like punishment as if he had been convicted by the courts of the state.

HISTORY: Codes, 1942, § 7978; Laws, 1964, ch. 378, § 58; Laws, 1976, ch. 440, § 71; reenacted, Laws, 1981, ch. 465, § 78; reenacted, Laws, 1984, ch. 471, § 69; reenacted, Laws, 1986, ch. 413, § 69, eff from and after passage (approved March 28, 1986).

§ 47-5-151. Death of prisoner; investigations, inquests, and autopsies; fees; penalties.

The superintendent (warden) or other person in charge of prisoners, upon the death of any prisoner under his care and control, shall at once notify the county medical examiner or county medical examiner investigator (hereinafter “medical examiner”) of the county in which said prisoner died, of the death of the prisoner, and it shall be the duty of such medical examiner, when so notified of the death of such person, to obtain a court order and notify the State Medical Examiner of the death of such prisoner. It shall be mandatory that the State Medical Examiner cause an autopsy to be performed upon the body of the deceased prisoner. Furthermore, the State Medical Examiner shall investigate any case where a person is found dead on the premises of the correctional system, in accordance with Sections 41-61-51 through 41-61-79. The State Medical Examiner shall make a written report of his investigation, and shall furnish a copy of the same, including the autopsy report, to the superintendent (warden) and a copy of the same to the district attorney of the county in which said prisoner died. The copy so furnished to the district attorney shall be turned over by the district attorney to the grand jury, and it shall be the duty of the grand jury, if there be any suspicion of wrongdoing shown by the inquest papers, to thoroughly investigate the cause of such death.

It shall be the duty of the medical examiner of the county in which said prisoner died to arrange for the remains to be transported to the State Medical Examiner for said autopsy, and accompanying the remains shall be the court order for autopsy and any documents or records pertaining to the deceased prisoner, institutional health records or other information relating to the circumstances surrounding the prisoner’s death. The State Medical Examiner shall arrange for the remains to be transported to the county in which said prisoner died following completion of the autopsy. If the remains are not claimed for burial within forty-eight (48) hours after autopsy, then said remains may be delivered to the University of Mississippi Medical Center for use in medical research or anatomical study.

The provisions herein set forth in the first paragraph shall likewise apply to any case in which any person is found dead on the premises of the Mississippi State Penitentiary except that the autopsy to be performed on the body of such a person shall not be mandatory upon a person who is not a prisoner unless the medical examiner determines that the death resulted from circumstances raising questions as to the cause of death, in which case the medical examiner may cause an autopsy to be performed upon the body of such deceased person in the same manner as authorized to be performed upon the body of a deceased prisoner.

Provided further, that the provisions herein shall apply with respect to any deceased prisoner who at the time of death is being detained by duly constituted state authority such as the Oakley Youth Development Center, Mississippi State Hospital at Whitfield, East Mississippi State Hospital, or any other state institution.

The provisions of this section shall not apply to a prisoner who was lawfully executed as provided in Sections 99-19-49 through 99-19-55.

Any officer or employee of the prison system or any other officer, employee or person having charge of any prisoner who shall fail to immediately notify the medical examiner of the death of such prisoner, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) and by confinement in the county jail for not more than one (1) year.

HISTORY: Codes, 1942, § 7948; Laws, 1964, ch. 378, § 28; Laws, 1971, ch. 432, § 1; Laws, 1972, ch. 515, § 1; brought forward, Laws, 1981, ch. 465, § 79; Laws, 1983, ch. 391, § 1, ch. 499, § 26; Laws, 1984, ch. 448, § 8; reenacted, Laws, 1984, ch. 471, § 70; reenacted, Laws, 1986, ch. 413, § 70; Laws, 1986, ch. 459, § 33; Laws, 2010, ch. 554, § 9, eff from and after July 1, 2011.

Editor’s Notes —

Section 99-19-49 referred to in this section, was repealed by Laws of 2000, ch. 569, § 18, eff from and after July 1, 2000.

Amendment Notes —

The 2010 amendment, effective July 1, 2011, substituted “Oakley Youth Development Center” for “Columbia Training School, Oakley Training School” in the fourth paragraph.

Cross References —

Duty of district attorney, see §§25-31-1 et seq.

Disposition of bodies of executed prisoners, see §99-19-55.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 47-5-153. Repealed.

Repealed by Laws of 1976, ch. 440, § 92, eff from and after July 1, 1976.

[Laws, 1964, ch. 378, § 70]

Editor’s Notes —

Former §47-5-153 authorized the penitentiary board to establish a program of vocational rehabilitation training.

§ 47-5-155. Discharged offenders revolving fund.

There is hereby created a special fund to be known as the “Discharged Offenders Revolving Fund” to be maintained in a bank to be selected by the commissioner. It shall be the duty of the bank, so long as it retains such deposits, to make monthly reports to the State Treasurer of the State of Mississippi as to the condition of the funds on deposit in the depository. Such funds shall be used for the prompt payment in cash to all discharged, pardoned or paroled offenders such amounts as are provided by Section 47-5-157. Upon the passage of this chapter, the Treasurer of the State of Mississippi shall transfer any funds in the State Treasury to the credit of the correctional system an amount which shall not exceed Ten Thousand Dollars ($10,000.00) to the Discharged Offenders Revolving Fund. The fund shall be replenished from time to time by the State Treasurer upon requisitions drawn by the commissioner which requisitions shall be supported by statements reflecting the names of the discharged offenders to whom payments have been made in accordance with the provisions of this chapter. Upon receipt of adequately supported requisitions, the State Auditor shall draw his warrants made payable to the Discharged Offenders Revolving Fund against any funds in the State Treasury to the credit of the correctional system.

HISTORY: Codes, 1942, § 7936; Laws, 1964, ch. 378, § 16; Laws, 1966, ch. 378, § 2; Laws, 1976, ch. 440, § 72; reenacted, Laws, 1981, ch. 465, § 80; reenacted and amended, Laws, 1984, ch. 471, § 71; reenacted, Laws, 1986, ch. 413, § 71, eff from and after passage (approved March 28, 1986).

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Cross References —

Qualifications for depositories for state funds, see §§27-105-1 et seq.

Portion of the Inmate Welfare Fund to be deposited in Discharted Offenders Revolving Fund created in this section, see §47-5-158.

Transfer of payments from community service revolving fund to discharged offenders’ revolving fund, see §47-7-49.

§ 47-5-157. Written discharge or release, clothing, Mississippi driver’s license or state identification card, money and bus ticket furnished to discharged or released offender.

When an offender is entitled to a discharge from the custody of the department, or is released therefrom on parole, pardon, or otherwise, the commissioner or his designee shall prepare and deliver to him a written discharge or release, as the case may be, dated and signed by him with seal annexed, giving the offender’s name, the name of the offense or offenses for which he was convicted, the term of sentence imposed and the date thereof, the county in which he was sentenced, the amount of commutation received, if any, the trade he has learned, if any, his proficiency in same, and such description of the offender as may be practicable and the discharge plan developed as required by law. At least fifteen (15) days prior to the release of an offender as described herein, the director of records of the department shall give the written notice which is required pursuant to Section 47-5-177. The offender shall be furnished, if needed, suitable civilian clothes, a Mississippi driver’s license, or a state identification card that is not a department-issued identification card and all money held to his credit by any official of the correctional system shall be delivered to him.

The amount of money which an offender is entitled to receive from the State of Mississippi when he is discharged from the state correctional system shall be determined as follows:

If he has continuously served his sentence in one (1) year or less flat time, he shall be given Fifteen Dollars ($15.00).

If he has served his sentence in more than one (1) year flat time and in less than ten (10) years flat time, he shall be given Twenty-five Dollars ($25.00).

If he has continuously served his sentence in ten (10) or more years flat time, he shall be given Seventy-five Dollars ($75.00).

If he has continuously served his sentence in twenty (20) or more years flat time, he shall be given One Hundred Dollars ($100.00).

There shall be given in addition to the above specified monies in subsections (a), (b), (c) and (d), a bus ticket to the county of conviction or to a state line of Mississippi.

HISTORY: Codes, 1942, § 7949; Laws, 1964, ch. 378, § 29; Laws, 1976, ch. 440, § 73; reenacted, Laws, 1981, ch. 465, § 81; reenacted, Laws, 1984, ch. 471, § 72; Laws, 1985, ch. 444, § 3; reenacted, Laws, 1986, ch. 413, § 72; Laws, 2014, ch. 457, § 46, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment, in the first undesignated paragraph, added “and the discharge plan developed as required by law” to the end of the first sentence; substituted “At least fifteen (15) days” for “Within forty-eight (48) hours” at the beginning of the second sentence; and in the last sentence, at the beginning, substituted “The offender” for “He”, and inserted “a Mississippi driver’s license, or a state identification card that is not a department-issued identification card and.”

RESEARCH REFERENCES

ALR.

Liability of governmental officer or entity for failure to warn or notify of release of potentially dangerous individual from custody. 12 A.L.R.4th 722.

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 21, 170.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 152, 153.

§ 47-5-158. Inmate Welfare Fund.

  1. The department is authorized to maintain a bank account which shall be designated as the Inmate Welfare Fund. All monies now held in a similar fund or in a bank account or accounts for the benefit and welfare of inmates shall be deposited into the Inmate Welfare Fund. This fund shall be used for the benefit and welfare of inmates in the custody of the department and shall be expended in accordance with any provisions or restrictions in the regulations promulgated under subsection (7) of this section.
  2. There shall be deposited into the Inmate Welfare Fund interest previously earned on inmate deposits, all net profits from the operation of inmate canteens, performances of the Penitentiary band, interest earned on the Inmate Welfare Fund and other revenues designated by the commissioner. All money shall be deposited into the Inmate Welfare Fund as provided in Section 7-9-21.
  3. All inmate telephone call commissions shall be paid to the department. Monies in the fund may be expended by the department, upon requisition by the commissioner or his designee, only for the purposes established in this subsection.
    1. Twenty-five percent (25%) of the inmate telephone call commissions shall be used to purchase and maintain telecommunication equipment to be used by the department.
    2. Until July 1, 2008, twenty-five percent (25%) of the inmate telephone call commissions shall be deposited into the Prison Agricultural Enterprise Fund. Beginning on July 1, 2008, thirty-five percent (35%) of the inmate telephone call commissions shall be deposited into the Prison Agricultural Enterprise Fund. The department may use these funds to supplement the Prison Agricultural Enterprise Fund created in Section 47-5-66.
    3. Forty percent (40%) of the inmate telephone call commissions shall be deposited into the Inmate Welfare Fund.
  4. The commissioner may invest in the manner authorized by law any money in the Inmate Welfare Fund that is not necessary for immediate use, and the interest earned shall be deposited in the Inmate Welfare Fund.
  5. The Deputy Commissioner for Administration and Finance shall establish and implement internal accounting controls for the Inmate Welfare Fund that comply with generally accepted accounting principles and regulations of the Department of Finance and Administration. The Deputy Commissioner for Administration and Finance shall prepare and issue quarterly consolidated and individual facility financial statements to the prison auditor of the Joint Legislative Committee on Performance Evaluation and Expenditure Review. The deputy commissioner shall prepare an annual report which shall include a summary of expenditures from the fund by major categories and by individual facility. This annual report shall be sent to the prison auditor, the Legislative Budget Office, the Chairman of the Corrections Committee of the Senate, and the Chairman of the Corrections Committee of the House of Representatives.
  6. A portion of the Inmate Welfare Fund shall be deposited in the Discharged Offenders Revolving Fund, as created under Section 47-5-155, in amounts necessary to provide a balance not to exceed One Hundred Thousand Dollars ($100,000.00) in the Discharged Offenders Revolving Fund, and shall be used to supplement those amounts paid to discharged, paroled or pardoned offenders from the department. The superintendent of the Parchman facility shall establish equitable criteria for the making of supplemental payments which shall not exceed Two Hundred Dollars ($200.00) for any offender. The supplemental payments shall be subject to the approval of the commissioner. The State Treasurer shall not be required to replenish the Discharged Offenders Revolving Fund for the supplemental payments made to discharged, paroled or pardoned offenders.
    1. The Inmate Welfare Fund Committee is hereby created and shall be composed of nine (9) members: The Deputy Commissioner for Community Corrections, the Deputy Commissioner of Institutions, the Superintendent of the Parchman facility, the Superintendent of the Rankin County facility, the Superintendent of the Greene County facility, the State Treasurer, the State Auditor, and two (2) members to be appointed by the Commissioner of Corrections, one (1) of whom must have a relative incarcerated by the department at the time of appointment and shall be a representative of inmate families. The commissioner shall appoint the chairman of the committee. The committee shall administer and supervise the operations and expenditures from the Inmate Welfare Fund and shall maintain an official minute book upon which shall be spread its authorization and approval for all such expenditures. The committee shall promulgate regulations governing the use and expenditures of the fund.
    2. Regulations adopted shall set out what types of items shall be allowable purchases, and in all cases, the minutes of the committee shall explain which regulation permits any purchase it approves. Additionally, regulations of the committee shall prescribe the number of members necessary to constitute a quorum, minimum attendance requirements for a member to retain a seat on the committee, and a mission statement for the committee.
    3. The committee shall conduct an annual needs assessment to determine what types of items should be purchased for the benefit of inmates. The needs assessments shall be conducted with the assistance of the department personnel, inmates and the families of inmates.
    4. The committee shall evaluate the proposals of interested third parties for the administration of inmate canteen services as provided in Section 47-5-109.1.
  7. The Department of Audit shall conduct an annual comprehensive special audit of the committee’s use of the Inmate Welfare Fund. The department shall incorporate in its special audit report any recommendations it has concerning the financial and management control practices of the committee. The department shall report its findings and recommendations to the Chairmen of the Senate and House Corrections Committees.

HISTORY: Laws, 1989, ch. 307, § 1; Laws, 1990, ch. 534, § 25; Laws, 1995, ch. 621, § 1; Laws, 1996, ch. 379, § 1; Laws, 1996, ch. 474, § 1; Laws, 2002, ch. 459, § 1; Laws, 2002, ch. 624, § 3; Laws, 2007, ch. 555, § 1; Laws, 2008, ch. 329, § 1; Laws, 2015, ch. 432, § 1, eff from and after July 1, 2015.

Joint Legislative Committee Note —

Section 1 of ch. 379, Laws of 1996, effective from and after passage (approved March 18, 1996), amended this section. Section 1 of ch. 474, Laws of 1996, effective from and after passage (approved April 8, 1996), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 474, Laws of 1996, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Section 1 of ch. 459, Laws of 2002, eff from and after July 1, 2002 (approved March 20, 2002), amended this section. Section 3 of ch. 624, Laws of 2002, eff from and after July 1, 2002 (approved April 25, 2002), also amended this section. As set out above, this section reflects the language of Section 3 of ch. 624, Laws of 2002, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Amendment Notes —

The first 2002 amendment (ch. 459) rewrote (3); and in (7), substituted “composed of seven (7) members” for “composed of five (5) members,” inserted “the Deputy Commissioner of Institutions,” and substituted “two (2) members” for “one (1) member” in the first sentence, and rewrote the second sentence.

The second 2002 amendment (ch. 624) rewrote (3); and in (7), substituted “The Deputy Commissioner for Community Corrections” for “The Deputy Commissioner for Community Services” in the first sentence.

The 2007 amendment, in (3), deleted “of Corrections” following “department” in the second sentence of the introductory paragraph, substituted “July 1, 2008” for “July 1, 2007” in (b) and (d), and substituted “The department may use” for The Mississippi Department of Corrections may use” in (b).

The 2008 amendment, in (3), substituted “thirty-five percent (35%)” for “fifty percent (50%)” in (b) and “Forty percent (40%)” for “Twenty-five percent (25%)” in (c), and deleted former (d), which read: “Until July 1, 2008, twenty-five percent (25%) shall be deposited in a fund called the Inmate Technology Fund to purchase an Inmate Information Technology System. This paragraph (d) shall repeal on July 1, 2008.”

The 2015 amendment, in (1), inserted “or in a bank account or accounts” in the first sentence, and added “and shall be expended…under subsection (7) of this section” at the end; in (2), deleted “the annual prison rodeo” following “inmate canteens” in the first sentence, and “Mississippi Code of 1972” at the end of the last sentence; in (5), combined the former first and second sentences into the present first sentence by deleting “be the custodian of the Inmate Welfare Fund. He shall” preceding “establish and implement,” and in the first sentence, inserted “for the Inmate Welfare Fund” and “and regulations of the Department of Finance and Administration,” and substituted “Chairman of the Corrections Committee” for “Chairman of the Penitentiary Committee”; in (7), in (a), substituted “nine (9) members” for “seven (7) members,” inserted “the State Treasurer, the State Auditor,” and added “one (1) of whom…inmate families” at the end of the first sentence, and substituted “shall promulgate” for “may promulgate” in the last sentence, and added (b) through (d); and in (8), inserted “special” and “committee’s use of the” in the first sentence, and added the last two sentences.

OPINIONS OF THE ATTORNEY GENERAL

Inmate Welfare Fund money may be used to purchase inmate law library books. Lucas, Oct. 14, 1992, A.G. Op. #92-0733.

The approval of the Inmate Welfare Fund Committee is required prior to any expenditure, and whether the construction of a roof over an exercise yard is a proper use of the Fund is a factual determination to be made by the Committee in conformity with the rules and regulations governing such expenditures. Lindsey, May 30, 2003, A.G. Op. 03-0256.

§§ 47-5-159 through 47-5-171. Repealed.

Repealed by Laws, 1982, ch. 431, § 8, eff from and after July 1, 1982.

§47-5-159. [Laws, 1973, ch. 483, § 1; Laws, 1975, ch. 382, § 1; Laws, 1976, ch. 440, § 74; reenacted, Laws, 1981, ch. 465, § 82]

§47-5-161. [Laws, 1973, ch. 483, § 2; Laws, 1975, ch. 382, § 2; Laws, 1976, ch. 440, § 75; Laws, 1978, ch. 400, § 9; Laws, 1979, ch. 462, § 4; reenacted, Laws, 1981, ch. 465, § 83]

§47-5-163. [Laws, 1973, ch. 483, § 3; Laws, 1976, ch. 440, § 76; reenacted, Laws, 1981, ch. 465, § 84]

§47-5-165. [Laws, 1973, ch. 483, § 4; Laws, 1975, ch. 382, § 3; Laws, 1976, ch. 440, § 77; reenacted, Laws, 1981, ch. 465, § 85]

§47-5-167. [Laws, 1973, ch. 483, § 5; Laws, 1976, ch. 440, § 78; reenacted, Laws, 1981, ch. 465, § 86]

§47-5-169. [Laws, 1973, ch. 483, § 6; brought forward, Laws, 1981, ch. 465, § 87]

§47-5-171. [Laws, 1977, ch. 479, § 4; Laws, 1978, ch. 493, § 1; Laws, 1979, ch. 372, § 2; reenacted, Laws, 1980, ch. 309; reenacted and amended Laws, 1981, ch. 465, § 88; Laws, 1981, ch. 502, § 11]

Editor’s Notes —

Former §47-5-159 pertained to work release program and the duties of board of corrections with respect to such program.

Former §47-5-161 pertained to work release program ane the extension of limits of offender’s confinement and the payment of offender’s wages escape.

Former §47-5-163 pertained to work release program and the conditions on offender’s participation.

Former §47-5-165 pertained to work release program and the consent of certain officials.

Former §47-5-167 pertained to work release program and cooperation with private industry.

Former §47-5-169 pertained to work release program and the application to prisoners presently working off penitentiary property.

Former §45-5-171 pertained to the supervised earned release program.

For similar provisions, see §§47-5-413,47-5-461.

§ 47-5-173. Granting of leave for personal reasons.

The commissioner, or his designees, may grant leave to an offender and may take into consideration sickness or death in the offender’s family or the seeking of employment by the offender in connection with application for parole, for a period of time not to exceed ten (10) days. At least fifteen (15) days prior to the release of an offender on leave, the director of records of the department shall give the written notice required pursuant to Section 47-5-177. However, if an offender is granted leave because of sickness or death in the offender’s family, written notice shall not be required but the inmate shall be accompanied by a correctional officer or a law enforcement officer. In all other cases the commissioner, or his designees, shall provide required security when deemed necessary. The commissioner, or his designees, in granting leave, shall take into consideration the conduct and work performance of the offender.

HISTORY: Laws, 1977, ch. 479, § 7; Laws, 1978, ch. 338, § 1 brought forward, Laws, 1981, ch. 465, § 89; Laws, 1982, ch. 431, § 4; reenacted, Laws, 1984, ch. 471, § 73; Laws, 1985, ch. 444, § 4; reenacted, Laws, 1986, ch. 413, § 73; Laws, 1996, ch. 373, § 1; Laws, 2014, ch. 457, § 50, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment substituted “At least fifteen (15) days” for “Within forty-eight (48) hours” at the beginning of the second sentence.

Cross References —

Leave to inmates participating in joint state-county public service work programs, see §47-5-415.

Passes and leaves under joint county-state work program, see §47-5-463.

OPINIONS OF THE ATTORNEY GENERAL

Under Sections 47-5-173 and 47-5-177 only the Commissioner of Corrections may authorize leave of prisoners. A sheriff is only notified of the release of the prisoners under section 47-5-177. Trowbridge, Nov. 14, 2005, A.G. Op. 05-0472.

RESEARCH REFERENCES

ALR.

Liability of governmental officer or entity for failure to warn or notify of release of potentially dangerous individual from custody. 12 A.L.R.4th 722.

Grant or denial of furlough or work release to federal prisoner under 18 USCS § 4082(c). 64 A.L.R. Fed. 807.

§ 47-5-175. Agreements to transfer state offenders to federal facilities.

The Commissioner of Corrections, with the concurrence of the Governor, is hereby authorized to enter into agreements with appropriate federal agencies to provide housing and incarceration of persons convicted by the courts of Mississippi and sentenced to the Mississippi Department of Corrections by such courts under such terms and conditions as may be prescribed if a determination is made that the best interest of the State of Mississippi would be served by making such transfer.

HISTORY: Laws, 1983, ch. 412; brought forward, Laws, 1984, ch. 471, § 74; reenacted, Laws, 1986, ch. 413, § 74; Laws, 1988, ch. 504, § 28, eff from and after passage (approved May 6, 1988).

Editor’s Notes —

Laws of 1984, ch. 471, § 128, provided for the automatic repeal of this section from and after July 1, 1986. Subsequently, Laws of 1986, ch. 413, § 126, effective from and after passage (approved March 28, 1986) repealed Laws, 1984 of ch. 471, § 128, thereby removing the repeal date.

Cross References —

Provisions relative to prison system overcrowding and the exercise of powers which tend to reduce prison system population or expand operating capacity during states of emergency, see §§47-5-701 et seq.

§ 47-5-177. Notice requirements prior to release of offenders.

At least fifteen (15) days prior to the release of an offender from the custody of the department because of discharge, parole, pardon, temporary personal leave or pass, or otherwise, except for sickness or death in the offender’s family, the director of records of the department shall give written or electronic notice of such release to the sheriff of the county and to the chief of police of the municipality where the offender was convicted. If the offender is paroled to a county other than the county of conviction, the director of records shall give written or electronic notice of the release to the sheriff, district attorney and circuit judge of the county and to the chief of police of the municipality where the offender is paroled and to the sheriff of the county and to the chief of police of the municipality where the offender was convicted. The department shall notify the parole officer of the county where the offender is paroled or discharged to probation of any chronic mental disorder incurred by the offender, of any type of infectious disease for which the offender has been examined and treated, and of any medications provided to the offender for such conditions.

The commissioner shall require the director of records to clearly identify the notice of release of an offender who has been convicted of arson at any time. The fact that the offender to be released had been convicted of arson at any time shall appear prominently on the notice of release and the sheriff shall notify all officials who are responsible for investigation of arson within the county of such offender’s release and the chief of police shall notify all such officials within the municipality of such offender’s release.

HISTORY: Laws, 1985, ch. 444, § 1; Laws, 1987, ch. 388; Laws, 1990, ch. 399, § 1; Laws, 1991, ch. 427, § 1; Laws, 2007, ch. 365, § 1; Laws, 2014, ch. 457, § 51, eff from and after July 1, 2014.

Amendment Notes —

The 2007 amendment, in the first paragraph, deleted “of Corrections” following “department” throughout, in the first sentence, deleted “which shall include a copy of the ‘Release Offense Investigation’ and the ‘Social Admission Report’ ” preceding “to the sheriff of the county,” inserted “or electronic” following “shall give written” twice, and deleted “State” preceding “department” in the last sentence; in the first sentence of the last paragraph, deleted “of Corrections” following “The commissioner,” and deleted “written” following “to clearly identify the.”

The 2014 amendment substituted “At least fifteen (15) days” for “Within forty-eight (48) hours” at the beginning of the first sentence in the first undesignated paragraph.

Cross References —

Procedures relative to written discharge or release, publication of notice pursuant to this section, and provision to offender of clothing, money, and bus ticket, see §47-5-157.

Procedures relative to granting of leaves for personal reasons, see §47-5-173.

Requirements for parole, including notice requirements, see §47-7-17.

Arson, generally, see §§97-17-1 through97-17-14.

OPINIONS OF THE ATTORNEY GENERAL

Under Sections 47-5-173 and 47-5-177 only the Commissioner of Corrections may authorize leave of prisoners. A sheriff is only notified of the release of the prisoners under section 47-5-177. Trowbridge, Nov. 14, 2005, A.G. Op. 05-0472.

RESEARCH REFERENCES

ALR.

Immunity of public officer from liability for injuries caused by negligently released individual. 5 A.L.R.4th 773.

Governmental tort liability for injuries caused by negligently released individual. 6 A.L.R.4th 1155.

Liability of governmental officer or entity for failure to warn or notify of release of potentially dangerous individual from custody. 12 A.L.R.4th 722.

Am. Jur.

59 Am. Jur. 2d, Pardon and Parole §§ 72, 74, 79, 83, 84, 90, 93, 94, 99, 109, 111, 117, 122.

CJS.

67A C.J.S., Pardon & Parole § 65.

§ 47-5-179. Department of Corrections to deduct nonemergency medical expenses from inmate accounts.

  1. The responsibility for paying the expenses of nonemergency medical care, treatment and medicine of an inmate is the responsibility of the inmate receiving the care, treatment and medicine.
  2. The Department of Corrections is authorized to deduct the payment for nonemergency medical care, treatment and medicine from an inmate’s account and accept payment from other reimbursement programs.

HISTORY: Laws, 1995, ch. 601, § 1, eff from and after July 1, 1995.

JUDICIAL DECISIONS

1. Constitutionality.

Inmate’s complaint was procedurally barred as the inmate did not provide authority for the inmate’s claim that Miss. Code Ann. §47-5-179, under which the inmate was charged $ 6 for medical care, deprived the inmate of the inmate’s property without due process of law in violation of the Fourteenth Amendment, U.S. Const. Amend. XIV, and the Takings Clause of the Fifth Amendment, U.S. Const. Amend. V; further, the facility’s personnel abided by MDOC Policy 25-02-A, and complied with statutory authority, and did not deny the inmate non-emergency medical care due to a lack of funds. Clincy v. Atwood, 65 So.3d 327, 2011 Miss. App. LEXIS 345 (Miss. Ct. App. 2011).

§ 47-5-180. Appointment of commissioner to make health-care decisions for offender who lacks capacity and does not have relative available; procedure; applicability of Uniform Health-Care Decisions Act.

  1. The following words and phrases that are used in this section are defined in Section 41-41-203:advance health-care directive, agent, capacity, guardian, health-care decision, individual instruction, person, power of attorney for health care and surrogate.
  2. For an offender who is a resident of Mississippi, the department may petition the chancery court of the county of residence of the offender to appoint the commissioner as guardian for an offender who lacks the capacity to make a health-care decision and who does not have a relative or other person available to make the decision.
  3. The department may, consistent with Sections 41-41-201 through 41-41-229, provide an offender with the forms necessary to execute an advance health-care directive.
  4. The department shall place an original or copy of the directive in the offender’s medical record, attach the directive to the offender’s commitment report and provide a copy of the directive to case management.
  5. If a department physician determines that an offender’s life expectancy is less than one (1) year or that the offender is to undergo certain medical procedures to be determined by the department medical director, the department shall provide the offender with the opportunity to alter or execute a written advance health-care directive.
  6. When the department provides an offender with the forms necessary to execute an advance health-care directive, Sections 41-41-201 through 41-41-229 and the following provisions apply:
    1. Absent a court order to the contrary, an offender in the department’s custody shall not act as the agent, guardian or surrogate for the offender executing an advance health-care directive. But the principal offender may designate another offender as the agent, guardian or surrogate without judicial approval if the offenders are related by blood, marriage or adoption.
    2. Absent a court order to the contrary, a department employee shall not act as the agent, guardian or surrogate for the offender executing an advance health-care directive. But the principal offender may designate a department employee as the agent, guardian or surrogate without judicial approval if the offender and the employee are related by blood, marriage or adoption.
    3. In addition to the restrictions in Section 41-41-205, neither an offender in the department’s custody nor a department employee shall be used as a witness for a power of attorney for health care that an offender executes while in the department’s custody.

HISTORY: Laws, 2012, ch. 529, § 1, eff from and after July 1, 2012.

§ 47-5-181. Conversion of community work centers to pre-release centers.

  1. The Department of Corrections is authorized to convert four (4) community work centers to pre-release centers. The department shall convert the community work centers as follows: one (1) center in the northern part of the state, two (2) centers in the central part of the state, and one (1) center in the southern part of the state.
  2. The department may place any inmate in a pre-release center if: (a) the inmate is within one (1) year of his or her earliest release date, and (b) the inmate is approved for placement by the classification hearing officer and the commissioner or the commissioner’s designee.
  3. The department shall notify, by certified mail, each member of the board of supervisors of the county in which the center is located of the department’s intent to convert the community work center to a pre-release center. The board of supervisors shall have thirty (30) days after the date of the mailing to disapprove the conversion of the center. If the board of supervisors disapproves of the pre-release center, the department shall not convert the community work center.

HISTORY: Laws, 1996, ch. 349, § 1; Laws, 2001, ch. 393, § 7; Laws, 2007, ch. 414, § 1, eff from and after July 1, 2007.

Amendment Notes —

The 2007 amendment, in (2), inserted “or her earliest” and added “or the commissioner’s designee.”

§ 47-5-183. Department of Corrections may create a postconviction DNA database.

The Mississippi Department of Corrections is authorized, subject to the availability of funds, to secure a biological sample for purposes of DNA identification analysis from every individual convicted of a felony or in its custody before release from or transfer to a state correctional facility or county jail or other detention facility.

HISTORY: Laws, 2003, ch. 459, § 1, eff from and after July 1, 2003.

RESEARCH REFERENCES

ALR.

Validity, Construction, and Application of State Statutes and Rules Governing Requests for Postconviction DNA Testing. 72 A.L.R.6th 227.

Alcoholic Beverages, Controlled Substances, Narcotic Drugs, Weapons, and Other Contraband

§ 47-5-191. Definitions.

As used in Sections 47-5-191 through 47-5-195, “alcoholic beverage” shall have the meaning defined in Section 67-1-5 of the Local Option Alcoholic Beverage Control Law of the State of Mississippi; “controlled substance” means any substance defined as a controlled substance by the Uniform Controlled Substances Law of the State of Mississippi; “narcotic drug” means any substance defined as a narcotic drug by Section 41-29-105; “weapon or deadly weapon” shall mean any weapon or firearm mentioned in Section 97-37-1, and any rifle or shotgun regardless of barrel length; and “contraband” means coin or currency, money orders, traveler’s checks, promissory notes, credit cards, personal checks or other negotiable instruments, knives, sharpened instruments, tools, explosives, ammunition and drug paraphernalia as defined in Section 41-29-105(v).

HISTORY: Laws, 1978, ch. 394, § 2; Laws, 1986, ch. 341, § 2; Laws, 1986, ch. 423, § 3; Laws, 1995, ch. 420, § 2, eff from and after passage (approved March 15, 1995).

Cross References —

Uniform Controlled Substances Law, see §§41-29-101 et seq.

Offense of selling or possessing intoxicating beverages in penitentiaries, jails, or convict camps, see §97-31-35.

§ 47-5-192. Possession of prohibited items by persons other than offenders.

  1. The Commissioner of Corrections may prohibit the possession by employees or officers of the Department of Corrections or any person allowed upon the premises of a correctional facility under his jurisdiction of any item, the possession of which by offenders is prohibited or regulated.
  2. The commissioner may distinguish between classes of employees and visitors and may establish zones or designate areas or facilities where such regulations apply in his discretion and as necessary for security and orderly operation of prison facilities.
  3. The commissioner shall promulgate rules authorized by this section in accordance with the Mississippi Administrative Procedures Act.
  4. Any person who violates a duly enacted rule authorized by this section shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than one (1) year or by a fine of not more than One Thousand Dollars ($1,000.00), or both.

HISTORY: Laws, 1986, ch. 423, § 2, eff from and after passage (approved April 1, 1986).

Cross References —

Provisions of the Mississippi Administrative Procedures Act, see §§25-43-1.101 et seq.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 47-5-193. Prohibitions generally; circuit court authorized to order disabling of contraband cell phone service from carrier.

  1. It is unlawful for any officer or employee of the department, of any county sheriff’s department, of any private correctional facility in this state in which offenders are confined, of any municipal or other correctional facility in this state, or for any other person or offender to possess, furnish, attempt to furnish, or assist in furnishing to any offender confined in this state any weapon, deadly weapon, unauthorized electronic device, contraband item, or cell phone or any of its components or accessories to include, but not limited to, Subscriber Information Module (SIM) cards or chargers. It is unlawful for any person or offender to take, attempt to take, or assist in taking any weapon, deadly weapon, unauthorized electronic device, contraband item, cell phone or any of its components or accessories to include, but not limited to, Subscriber Information Module (SIM) cards or chargers on property within the state belonging to the department, a county, a municipality, or other entity that is occupied or used by offenders, except as authorized by law.
  2. The circuit court is authorized to issue an order to disable the contraband cell phone service from the carrier.

HISTORY: Laws, 1978, ch. 394, § 1; Laws, 1986, ch. 423, § 4; Laws, 1996, ch. 420, § ; Laws, 1998, ch. 391, § 1; Laws, 2004, ch. 429, § 1; Laws, 2006, ch. 439, § 1; Laws, 2008, ch. 415, § 1; Laws, 2012, ch. 325, § 1, eff from and after passage (approved Apr. 5, 2012.); Laws, 2019, ch. 449, § 1, eff from and after passage (approved April 3, 2019).

Amendment Notes —

The 2004 amendment inserted “unauthorized electronic device” twice following “deadly weapon”.

The 2006 amendment inserted “or offender‘ following “any other person” in the first sentence and following ‘ any person‘ near the beginning of the second sentence; inserted “possess” following ‘or offender to” in the first sentence; and inserted “cell phone” following “unauthorized electronic device” twice.

The 2008 amendment inserted “or any of its components or accessories to include, but not limited to, Subscriber Information Module (SIM) cards, chargers, etc.,” twice, following “cell phone” near the end of the first and second sentences of the section.

The 2012 amendment inserted “of any municipal or other correctional facility in this state,” twice inserted “contraband item” preceding “cell phone,” and twice substituted “(SIM) cards or chargers” for “(SIM) cards, chargers, etc., or contraband items,” inserted “within the state” and “a county, a municipality, or other entity” near the end and made stylistic changes.

The 2019 amendment, effective April 3, 2019, added (2).

Cross References —

Additional prohibited items, see §47-5-194.

Penalties for violations of this section and §47-5-194, see §47-5-195.

JUDICIAL DECISIONS

1. Evidence.

2. — Sufficient.

3. Limiting instruction.

3.5. Presumptive instructions.

4. Recusal.

5. In general.

6. Constitutionality.

7. Applicability.

8. Burden of proof.

1. Evidence.

2. — Sufficient.

Assuming that the State of Mississippi was required to prove that defendant was an inmate of a county jail, the evidence supported defendant’s conviction for unauthorized possession of a cell phone in a county jail because, although the booking process had not been completed, defendant was in a locked area, dressed in a jail uniform, and was not free to leave. When defendant put defendant’s belongings on a counter, the cell phone, among other items, fell out of a rolled up mat that the jail had provided to defendant. Smith v. State, 275 So.3d 100, 2019 Miss. App. LEXIS 238 (Miss. Ct. App. 2019).

Overwhelming weight of the evidence supported jury’s conviction of defendant for possession of a cell phone within a correctional facility. The evidence established that during a search of defendant, a cell phone fell out of his pants and that a twenty-two minute call had been made on the phone to one of defendant’s family members. Pruitt v. State, 122 So.3d 806, 2013 Miss. App. LEXIS 612 (Miss. Ct. App. 2013).

There was sufficient testimony to support a jury’s verdict that defendant was guilty of bringing contraband into a prison in violation of Miss. Code §47-5-193, as a corrections officer testified that the officer found money in defendant’s bra. Weems v. State, 63 So.3d 579, 2010 Miss. App. LEXIS 224 (Miss. Ct. App. 2010), cert. dismissed, 2011 Miss. LEXIS 302 (Miss. June 16, 2011).

Defendant’s conviction for possession of cellular phones while confined in a correctional facility, in violation of Miss. Code. Ann. §47-5-193, was proper because there was ample evidence for the jury to find that defendant knowingly possessed the contraband phones, which were hidden in the crotch area of his thermal long underwear under four pairs of boxer shorts. Lynch v. State, 24 So.3d 1043, 2010 Miss. App. LEXIS 15 (Miss. Ct. App. 2010).

Defendant’s argument that his conviction for bringing contraband into a jail facility must be reversed and rendered because the record lacked proof that the jacket in which the marijuana was found belonged to him lacked merit because (1) defendant’s testimony was the complete opposite of the testimony of three witnesses; (2) defendant’s testimony on cross-examination contradicted his direct testimony because it was not until cross-examination that defendant mentioned taking a jacket from a locker that he once shared with another inmate, and, on direct, defendant had stated that the jacket had come from another locker; (3) a witness testified that the marijuana was found in the sleeve of the jacket that defendant was wearing when he returned to the jail; and (4) a jury considered all of the testimony presented at trial and concluded that defendant was guilty as charged. Weeks v. State, 971 So. 2d 645, 2007 Miss. App. LEXIS 843 (Miss. Ct. App. 2007).

3. Limiting instruction.

In a case in which defendant was convicted of violating Miss. Code Ann, §47-5-193, he unsuccessfully argued on appeal that the trial judge failed to instruct the jury to disregard evidence of other crimes, wrongs, or acts where there was no foundation for their admissibility and no showing that the probative value outweighed the prejudicial effect. Defense counsel failed to request a limiting instruction, and the trial judge was not required to issue the limiting instruction sua sponte after defense counsel objected; Rule 105 clearly placed the burden of requesting a Miss. R. Evid. Rule 404(b) limiting instruction upon counsel. Lindsey v. State, 29 So.3d 121, 2010 Miss. App. LEXIS 89 (Miss. Ct. App. 2010).

3.5. Presumptive instructions.

Trial court erred in convicting defendant of possessing a cell phone in a correctional facility because the jury was wrongly instructed that they could convict defendant if the state proved defendant took the cell phone into the correctional facility; transporting contraband and possessing contraband are distinctly different. Instructing the jury as to persons taking cell phones into correctional facilities did not track the language of the applicable statute and improperly shifted the burden of proving the defendant was not in constructive possession of the cell phone to the defendant. Moody v. State, 202 So.3d 1235, 2016 Miss. LEXIS 447 (Miss. 2016).

4. Recusal.

In a case in which defendant was convicted of violating Miss. Code Ann, §47-5-193, his argument that the trial judge should have recused himself after speaking to the potential jurors was procedurally barred on appeal since he failed to object or file a motion seeking the trial judge to recuse himself. Lindsey v. State, 29 So.3d 121, 2010 Miss. App. LEXIS 89 (Miss. Ct. App. 2010).

5. In general.

Miss. Code Ann. §47-5-193 turns on possession of cellular phones, not ownership. Lynch v. State, 24 So.3d 1043, 2010 Miss. App. LEXIS 15 (Miss. Ct. App. 2010).

6. Constitutionality.

In a prosecution of defendant for possession of contraband in a correctional facility under Miss. Code Ann. §47-5-193, defendant’s argument that the statute was unconstitutionally vague was without merit. Houston v. State, 150 So.3d 157, 2014 Miss. App. LEXIS 636 (Miss. Ct. App. 2014).

7. Applicability.

In a prosecution of defendant for possession of contraband in a correctional facility under Miss. Code Ann. §47-5-193, defendant’s argument that the statute’s designation of “offender” did include him was meritless. Houston v. State, 150 So.3d 157, 2014 Miss. App. LEXIS 636 (Miss. Ct. App. 2014).

8. Burden of proof.

Defendant was indicted and convicted under the first sentence of the statute, for possession of a cell phone in a correctional facility. Therefore, the State of Mississippi was not required to prove that the county jail was property belonging to the county and that the property was occupied or used by offenders because these elements were not essential to the possession of a cell phone crime charged under the first sentence. Smith v. State, 275 So.3d 100, 2019 Miss. App. LEXIS 238 (Miss. Ct. App. 2019).

State of Mississippi was not required to prove that defendant was an inmate at the county jail because this factual allegation did not change the crime charged as all that the statute required was that defendant be either a person or offender in possession of a cell phone at a correctional facility. Smith v. State, 275 So.3d 100, 2019 Miss. App. LEXIS 238 (Miss. Ct. App. 2019).

RESEARCH REFERENCES

ALR.

Nature and elements of offense of conveying contraband to state prisoner. 64 A.L.R.4th 902.

Validity, construction, and application of state statute criminalizing possession of contraband by individual in penal or correctional institution. 45 A.L.R.5th 767.

§ 47-5-194. Prohibition against possession of cash or negotiable instruments; limitations upon prohibition; confiscation of money found in excess of allowable amounts; disposition of moneys confiscated.

  1. It is unlawful for any offender committed to the department to possess:
    1. Coin or currency on his person or in premises assigned to him or under his control;
    2. A money order, traveler’s check, promissory note, credit card, personal check or other negotiable instrument.
  2. Subsection (1) does not apply to offenders who are granted a parole; placed on work release, supervised earned release, earned probation or probation; or granted leave for the duration of such leave; however, these offenders may be restricted by the parole or probation order or by order of the commissioner with respect to amounts or form of money possessed or controlled by the offenders.
  3. A violation of subsection (1) shall be considered a rules violation or a violation of the conditions of parole or probation as the case may be and shall be processed in the manner of similar violations.
  4. Any money possessed by an offender may be confiscated by the corrections officer who discovers the possession. The department shall establish a policy and procedure for the collection and accounting of all confiscated funds. All confiscated coin or currency shall be deposited in a special fund which is created in the State Treasury. The money in this special fund may be appropriated by the Legislature to enhance the security of the department’s facilities. Unexpended amounts remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund, but funds may be expended only by appropriation approved by the Legislature. Any interest earned on amounts in the special fund shall be deposited to the credit of the special fund.
  5. The possession of coin, currency, money order, traveler’s check or other negotiable instrument on the grounds of a facility is prohibited.
  6. The department shall establish a cashless system for facilities no later than July 1, 1996. The department shall provide lockers for visitors to place prohibited items when on grounds of a facility. The department is authorized to charge visitors an hourly rental fee for use of the lockers. Community work centers and restitution centers are exempt unless designated by the commissioner as being included in the cashless system.

HISTORY: Laws, 1986, ch. 423, § 1; Laws, 1994, ch. 319, § 1; Laws, 1995, ch. 420, § 1; Laws, 1996, ch. 372, § 1; Laws, 1996, ch. 421, § 1, eff from and after July 1, 1996.

Cross References —

Additional prohibitions, see §47-5-193.

Penalties for violations of this section and §47-5-193, see §47-5-195.

§ 47-5-195. Penalties for violations.

Any person who violates any provision of Section 47-5-193 or 47-5-194 shall be guilty of a felony and upon conviction shall be punished by confinement in the Penitentiary for not less than three (3) years nor more than fifteen (15) years, and may be fined not more than Twenty-five Thousand Dollars ($25,000.00), or both.

HISTORY: Laws, 1978, ch. 394, § 3; Laws, 1998, ch. 391, § 2, eff from and after July 1, 1998.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any felony violation, see §99-19-73.

JUDICIAL DECISIONS

1. In general.

In a prosecution of defendant for possession of contraband in a correctional facility, the trial court properly sentenced defendant to serve fifteen years with five years suspended pursuant to this section. Houston v. State, 150 So.3d 157, 2014 Miss. App. LEXIS 636 (Miss. Ct. App. 2014).

RESEARCH REFERENCES

ALR.

Nature and elements of offense of conveying contraband to state prisoner. 64 A.L.R.4th 902.

Validity, construction, and application of state statute criminalizing possession of contraband by individual in penal or correctional institution. 45 A.L.R.5th 767.

§ 47-5-196. Mandatory drug testing of employees of Department of Corrections.

The Department of Corrections shall develop and implement a drug testing program for its employees no later than July 1, 1997. The department shall develop a written policy for alcohol and drug testing of employees to deter the use of alcohol and drugs at its facilities and to ensure an alcohol and drug free environment at correctional facilities. Participation by employees is mandatory and the tests may be conducted in a random manner.

HISTORY: Laws, 1997, ch. 400, § 1, eff from and after passage (approved March 18, 1997).

RESEARCH REFERENCES

ALR.

Validity, construction, and application of state statute criminalizing possession of contraband by individual in penal or correctional institution. 45 A.L.R.5th 767.

Validity, under federal constitution, of regulations, rules or statutes requiring random or mass drug testing of public employees or persons whose employment is regulated by state, local or federal government. 86 A.L.R. Fed. 420.

§ 47-5-198. Sale, possession, or use of controlled substances or narcotic drugs within facilities; knowledge by employees; punishment for violations.

  1. It is unlawful for any person to sell within, bring to, or be in possession of, in any correctional facility or convict camp within the state or any county, municipal or other jail within the state, except as authorized by law, any controlled substance or narcotic drug.
  2. It is unlawful for any person who is the keeper or officer in charge of the facility, camp or jail, or who is employed in or about the facility, camp or jail to knowingly permit any controlled substance or narcotic drug to be sold, possessed or used therein contrary to law.
  3. Any person who violates the provisions of this section and is convicted shall be fined up to Twenty-five Thousand Dollars ($25,000.00) and be punished by imprisonment for not less than three (3) years nor more than seven (7) years; and the person is not eligible for probation, parole, suspension of sentence, earned time allowance or any other reduction of sentence.

HISTORY: Laws, 1998, ch. 391, § 3, eff from and after July 1, 1998.

JUDICIAL DECISIONS

1. Conviction proper.

2. Attorney disbarment.

3. Sufficient evidence.

4. Indictment.

1. Conviction proper.

Defendant’s conviction for the sale of marijuana within a correctional facility in violation of Miss. Code Ann. §47-5-198(1) was proper because the trial judge did not need to recuse himself from the trial since nothing in the judge’s response gave rise to overcome the presumption of impartiality. Jackson v. State, 962 So. 2d 649, 2007 Miss. App. LEXIS 104 (Miss. Ct. App.), cert. denied, 962 So. 2d 38, 2007 Miss. LEXIS 434 (Miss. 2007).

2. Attorney disbarment.

Where the attorney was charged with selling marijuana to his client while he was incarcerated at the county jail, the attorney was convicted of the sale of marijuana within a correctional facility in a violation of Miss. Code Ann. §47-5-198 and disbarred from the practice of law. Miss. Bar v. Jackson, 987 So. 2d 930, 2008 Miss. LEXIS 84 (Miss. 2008).

3. Sufficient evidence.

Trial court did not err by denying defendant’s motions for a directed verdict, JNOV, or a new trial, as the evidence showed that defendant told the warden that the pills hidden inside the waistband of her pants were controlled substances. Warren v. State, 187 So.3d 616, 2016 Miss. LEXIS 137 (Miss. 2016).

Evidence supported defendant’s conviction of conspiracy to possess a controlled substance inside a correctional facility because (1) an officer observed defendant and another inmate stand by the exterior door to a jail’s yard, bend down, and retrieve items from underneath the door; [2] an officer found a small opening that could allow someone to slip an item through the door; and (3) officers found marijuana in envelopes in a blanket that defendant tried to pass to the other inmate when the inmates were searched as they reentered the jail. Graham v. State, 204 So.3d 329, 2016 Miss. App. LEXIS 113 (Miss. Ct. App. 2016).

Defendant was convicted of possession of a controlled substance within a correctional facility after jailers found marijuana, aluminum foil, and a blunt cigar inside of a deodorant container she left for her incarcerated husband; defendant claimed it would have been impossible for her to hide the drugs in the deodorant container during the three to five minutes it took to get from the store where she purchased the deodorant to the jail. However, defendant’s appeal was based on a factual dispute that the jury resolved in the state’s favor, and the jury obviously rejected defendant’s impossibility defense. Woods v. State, 19 So.3d 817, 2009 Miss. App. LEXIS 721 (Miss. Ct. App. 2009).

Where the State presented testimony from an inmate and correction officers that defendant attempted to plant a brown paper bag containing marijuana on another inmate, the evidence was sufficient to convict him for possession of marijuana in a correctional facility in violation of Miss. Code Ann. §47-5-198. The trial court did not err by denying his motion for directed verdict. Stewart v. State, 986 So. 2d 304, 2008 Miss. LEXIS 348 (Miss. 2008).

4. Indictment.

Indictment, which tracked the language of this section, was sufficient, and, because neither the crime nor the penalty depended upon the identity of the controlled substance, the indictment for possession of a controlled substance in a correctional facility did not need to identify the substance allegedly possessed. Warren v. State, 187 So.3d 616, 2016 Miss. LEXIS 137 (Miss. 2016).

Although defendant asserted that the indictment was fatally defective for failure to specify the contraband that defendant conspired to possess in a correctional facility, the two count indictment included the essential statutory elements of the charges against defendant and provided sufficient notice so that defendant suffered no prejudice in preparing a defense. Furthermore, defendant was procedurally barred from arguing an objection to a multi-count indictment on appeal because defendant failed to raise the objection at trial. Graham v. State, 204 So.3d 329, 2016 Miss. App. LEXIS 113 (Miss. Ct. App. 2016).

Trial court erred in denying defendant’s motion to dismiss due to a defective indictment where the indictment failed to specify the nature of the controlled substance that defendant was alleged to have possessed in violation of Miss. Code Ann. §47-5-198, and the State’s failure to include the identity of the controlled substance prevented defendant from preparing a defense that her possession of the controlled substance was lawful. Warren v. State, 187 So.3d 631, 2015 Miss. App. LEXIS 40 (Miss. Ct. App. 2015), rev'd, 187 So.3d 616, 2016 Miss. LEXIS 137 (Miss. 2016).

Although Mississippi caselaw on the issue of whether an indictment sufficiently specifies the nature of the controlled substance primarily addresses possession and trafficking of controlled substances pursuant to Miss. Code Ann. §41-29-139 (Supp. 2014), the Court of Appeals of Mississippi sees no reason why this same reasoning should not extend to possession of a controlled substance in a correctional facility pursuant to Miss. Code Ann. §47-5-198. Warren v. State, 187 So.3d 631, 2015 Miss. App. LEXIS 40 (Miss. Ct. App. 2015), rev'd, 187 So.3d 616, 2016 Miss. LEXIS 137 (Miss. 2016).

Mississippi Offenders and Volunteer Effort [Repealed]

§§ 47-5-201 through 47-5-209. Repealed.

Repealed by Laws, 1981, ch. 386, § 1, eff from and after July 1, 1981.

[Laws, 1978, ch. 334, §§ 1-5]

Editor’s Notes —

Former §§47-5-201 through47-5-209 provided for the establishment and operation of a volunteer program in the state department of corrections known as M.O.V.E. (Mississippi Offenders and Volunteer Effort) and authorized county and municipal participation.

Penitentiary-Made Goods

§ 47-5-301. Short title.

Sections 47-5-301 through 47-5-327 may be cited as the “Penitentiary-Made Goods Law of 1978.”

HISTORY: Laws, 1978, ch. 408, § 1; brought forward, Laws, 1984, ch. 471, § 75; reenacted, Laws, 1986, ch. 413, § 75, eff from and after passage (approved March 28, 1986).

Editor’s Notes —

Laws of 1984, ch. 471, § 128, provided for an automatic repeal of this section from and after July 1, 1986. Subsequently, Laws of 1986, ch. 413, § 126, effective from and after passage (approved March 28, 1986) repealed Laws of 1984, ch. 471, § 128, thereby removing the repeal date.

Laws of 1984, ch. 488, § 341, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

Cross References —

Mississippi Prison Industries Act of 1990, see §47-5-531.

Authorization to transfer and expend monies from Prison Industries Fund to carry out purposes of sections47-5-301 et seq., and47-5-501 et seq., see §47-5-565.

Entities to whom prison-made goods or services produced by corporation from prison industries may be sold, see §47-5-549.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions § 180.

§ 47-5-303. Declaration of purpose.

The aims and purposes of Sections 47-5-301 through 47-5-327 are:

To utilize the labor of offenders for self-maintenance and for reimbursing this state for expenses incurred by reason of their crimes and imprisonment; and

To effect the requisitioning and disbursement of penitentiary products directly through established state authorities and to permit the sale of such products to the public.

HISTORY: Laws, 1978, ch. 408, § 2; Laws, 1981, ch. 516, § 1; brought forward, Laws, 1984, ch. 471, § 76; reenacted, Laws, 1986, ch. 413, § 76, eff from and after passage (approved March 28, 1986).

Editor’s Notes —

Laws of 1984, ch. 471, § 128, provided for an automatic repeal of this section from and after July 1, 1986. Subsequently, Laws of 1986, ch. 413, § 126, effective from and after passage (approved March 28, 1986) repealed, Laws of 1984, ch. 471, § 128, thereby removing the repeal date.

Cross References —

Working of prisoners in penitentiary, see §47-5-126.

§ 47-5-305. Authorization to purchase materials and engage supervisory personnel; sale of products to public; contracts with private enterprise.

  1. The State Department of Corrections is authorized to purchase, in the manner prescribed by law, equipment, raw materials and supplies, and to engage the supervisory personnel necessary to establish and maintain for this state at the penitentiary or any penal farm or institution now or hereafter under the control of such department industries for the utilization of services of offenders in the manufacture or production of such articles or products as may be needed for the construction, operation, maintenance or use of any commission, department, institution or other agency supported in whole or in part by this state and the political subdivisions thereof. The State Department of Corrections is further authorized to sell such products to the public.
  2. The Department of Corrections is authorized to contract for work projects from outside sources, including private enterprise, for processing, fabrication or repair; however, preference shall be given to the performance of such work projects for any commission, department, institution or other agency of the state.
  3. The Department of Corrections is further authorized to contract with private or public industrial and business enterprises regarding the location of operations or projects upon any property utilized by the state prison correctional system in accordance with the provisions of this chapter.

HISTORY: Laws, 1978, ch. 408, § 3; Laws, 1981, ch. 412, § 1; Laws, 1981, ch. 516, § 3; Laws, 1983, ch. 409, § 8; brought forward, Laws, 1984, ch. 471, § 77; reenacted, Laws, 1986, ch. 413, § 77; Laws, 1992, ch. 506, § 6, eff from and after passage (approved May 15, 1992).

Editor’s Notes —

Laws of 1984, ch. 471, § 128, provided for an automatic repeal of this section from and after July 1, 1986. Subsequently, Laws of 1986, ch. 413, § 126, effective from and after passage (approved March 28, 1986) repealed § 128 of ch. 471, Laws of 1984, thereby removing the repeal date.

Cross References —

Leasing or hiring of county prisoner, see §47-1-19.

Correctional industries work programs, see §§47-5-501 et seq.

Entities to whom prison-made goods or services produced by corporation from prison industries may be sold, see §47-5-549.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions § 180.

CJS.

18 C.J.S., Convicts §§ 23 et seq.

§ 47-5-307. Purchase of penitentiary-made goods by other state agencies; state and commercial specifications.

  1. On and after the establishment of the industries provided for in Sections 47-5-301 through 47-5-327, all commissions, departments, institutions and other agencies of this state, which are supported in whole or in part by this state, may purchase from the State Department of Corrections all articles or products required by such commissions, departments, institutions or agencies which are produced or manufactured by the State Department of Corrections with the use of penitentiary labor as provided for by Sections 47-5-301 through 47-5-327. All purchases made by state agencies shall be made through the State Fiscal Management Board upon requisition by the proper authority of the commission, department, institution or agency. Political subdivisions of this state may purchase directly from the State Department of Corrections.
  2. Any article or product manufactured by the State Department of Corrections for sale through the State Fiscal Management Board to any commission, department, institution or agency of the state or to any political subdivision thereof, shall be manufactured and/or produced only upon state specifications developed by and through the State Fiscal Management Board. However, if such specifications have not been developed by the State Fiscal Management Board, then production may be based upon commercial specifications in current use by industry for the manufacture of such articles and products for sale to the state and political subdivisions thereof which have first been approved by the State Fiscal Management Board. For purposes of Sections 47-5-301 through 47-5-327, state specifications and commercial specifications approved by the State Fiscal Management Board shall mean the latest complete version of any specification including amendments thereto.

HISTORY: Laws, 1978, ch. 408, § 4; Laws, 1981, ch. 516, § 5; brought forward without change, Laws, 1984, ch. 471, § 78; Laws, 1984, ch. 488, § 226; reenacted, Laws, 1986, ch. 413, § 78, eff from and after passage (approved March 28, 1986).

Editor’s Notes —

Section 27-104-1 provides that the term “Fiscal Management Board” shall mean the “Department of Finance and Administration”.

Laws of 1984, ch. 488, § 341, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

Entities to whom prison-made goods or services produced by corporation from prison industries may be sold, see §47-5-549.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions § 180.

CJS.

18 C.J.S., Convicts § 24.

§ 47-5-309. Repealed.

Repealed by Laws of 1981, ch. 516, § 7, eff from and after July 1, 1981.

[Laws, 1978, ch. 408, § 5]

Editor’s Notes —

Former §47-5-309 set forth exceptions to the mandatory purchase provisions of the Penitentiary-Made Goods Law.

§ 47-5-311. Catalogues.

The State Department of Corrections shall cause to be prepared, at such times as it may determine, catalogues containing an accurate and complete description of all articles and products manufactured or produced by it pursuant to the provisions of Sections 47-5-301 through 47-5-327. Copies of such catalogues shall be sent to all commissions, departments, institutions and agencies of this state and made accessible to all political subdivisions of this state referred to in the preceding sections.

HISTORY: Laws, 1978, ch. 408, § 6(1); brought forward, Laws, 1984, ch. 471, § 79; reenacted, Laws, 1986, ch. 413, § 79, eff from and after passage (approved March 28, 1986).

Editor’s Notes —

Laws of 1984, ch. 471, § 128, provided for an automatic repeal of this section from and after July 1, 1986. Subsequently, Laws of 1986, ch. 413, § 126, effective from and after passage (approved March 28, 1986) repealed § 128 of ch. 471, Laws of 1984, thereby removing the repeal date.

Cross References —

Entities to whom prison-made goods or services produced by corporation from prison industries may be sold, see §47-5-549.

§ 47-5-313. Summary reports of goods purchased by other state agencies.

At least thirty (30) days before the beginning of each fiscal year, the State Fiscal Management Board shall provide to the State Department of Corrections, summary reports of the kind and amount of articles and products purchased for state commissions, departments, institutions, agencies and political subdivisions based upon the previous nine (9) months’ experience. Not more than one hundred (100) days following the close of each fiscal year, the State Fiscal Management Board shall submit to the State Department of Corrections a report showing the kinds and amounts of such penitentiary-manufactured articles purchased by all state commissions, departments, institutions, agencies and political subdivisions based upon the purchase experience of the entire previous fiscal year. All such reports shall refer, insofar as possible, to the items or products contained in the catalogue as issued by the State Department of Corrections. The State Fiscal Management Board may at any time request the State Department of Corrections to manufacture or produce additional articles or products.

HISTORY: Laws, 1978, ch. 408, § 6(2); brought forward, Laws, 1984, ch. 471, § 80; Laws, 1984, ch. 488, § 227; reenacted, Laws, 1986, ch. 413, § 80, eff from and after passage (approved March 28, 1986).

Editor’s Notes —

Section 27-104-1 provides that the term “Fiscal Management Board” shall mean the “Department of Finance and Administration”.

Cross References —

Entities to whom prison-made goods or services produced by corporation from prison industries may be sold, see §47-5-549.

§ 47-5-315. Priority of production requirements.

The articles or products manufactured or produced by penitentiary labor in accordance with the provisions of Sections 47-5-301 through 47-5-327 shall be devoted first, to fulfilling the requirements of the commissions, departments, institutions and agencies of this state which are supported in whole or in part by this state; and secondly, to supplying the political subdivisions of this state with such articles and products; and lastly to producing articles and products for sale to the public.

HISTORY: Laws, 1978, ch. 408, § 7; Laws, 1981, ch. 516, § 6; brought forward, Laws, 1984, ch. 471, § 81; reenacted, Laws, 1986, ch. 413, § 81, eff from and after passage (approved March 28, 1986).

Editor’s Notes —

Laws of 1984, ch. 471, § 128, provided for an automatic repeal of this section from and after July 1, 1986. Subsequently, Laws of 1986, ch. 413, § 126, effective from and after passage (approved March 28, 1986) repealed § 128 of ch. 471, Laws of 1984, thereby removing the repeal date.

Cross References —

Sale of penitentiary made products to the public, see §47-5-305.

Entities to whom prison-made goods or services produced by corporation from prison industries may be sold, see §47-5-549.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions § 180.

CJS.

18 C.J.S., Convicts § 24.

§ 47-5-317. Determination of prices.

The Industries Division of the State Department of Corrections shall fix and determine the prices at which all articles or products manufactured or produced shall be furnished.

HISTORY: Laws, 1978, ch. 408, § 8; Laws, 1984, ch. 387; brought forward, Laws, 1984, ch. 471, § 82; reenacted, Laws, 1986, ch. 413, § 82, eff from and after passage (approved March 28, 1986).

Editor’s Notes —

Laws of 1984, ch. 471, § 128, provided for an automatic repeal of this section from and after July 1, 1986. Subsequently, Laws of 1986, ch. 413, § 126, effective from and after passage (approved March 28, 1986) repealed § 128 of ch. 471, Laws of 1984, thereby removing the repeal date.

§ 47-5-319. Annual audit reports.

In addition to the information ordinarily required by law in the annual audits of expenditures and operations of the State Department of Corrections made by the state auditor, after March 23, 1978, audit reports shall also include a detailed statement of all materials, machinery or other property procured, and the cost thereof, and the expenditures made during the audited year for manufacturing purposes, together with a statement of all materials on hand to be manufactured, or in process of manufacture, or manufactured, and the values of all machinery, fixtures or other appurtenances for the purpose of utilizing the productive labor of offenders, and the earnings realized therefrom during the year.

HISTORY: Laws, 1978, ch. 408, § 9; brought forward, Laws, 1984, ch. 471, § 83; reenacted, Laws, 1986, ch. 413, § 83, eff from and after passage (approved March 28, 1986).

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Cross References —

Auditor of correctional system, generally, §47-5-35.

§ 47-5-321. Promulgation of policies.

The State Board of Corrections shall have the power and authority to prepare and promulgate policies which are necessary to give effect to the provisions of Sections 47-5-301 through 47-5-327 with respect to matters of administration respecting the same which if made shall be in writing, entered on their minutes, and available to the general public for inspection during the regular office hours of the department. Before taking effect, said policies, as well as subsequent amendments thereto, shall be placed on file by the department in the office of the secretary of state in a well-bound book designated by the secretary for that purpose.

HISTORY: Laws, 1978, ch. 408, § 10; brought forward, Laws, 1984, ch. 471, § 84; reenacted, Laws, 1986, ch. 413, § 84, eff from and after passage (approved March 28, 1986).

Editor’s Notes —

Laws of 1984, ch. 471, § 128, provided for an automatic repeal of this section from and after July 1, 1986. Subsequently, Laws of 1986, ch. 413, § 126, effective from and after passage (approved March 28, 1986) repealed § 128 of ch. 471, Laws of 1984, thereby removing the repeal date.

§ 47-5-323. Expenditure of appropriations; deposit of collected monies in prison industries fund.

  1. In order to carry out the provisions of Sections 47-5-301 through 47-5-327, the department is authorized to expend such monies out of appropriations from the Prison Industries Fund, as established by Section 47-5-66, as may be necessary to erect buildings, to improve existing facilities, to purchase equipment, to procure tools, supplies and materials, to purchase, install or replace equipment and otherwise to defray the necessary expenses incident to the employment of offenders as herein provided.
  2. All monies collected by the State Department of Corrections from the sale or disposition of articles and products manufactured or produced by penitentiary labor in accordance with the provisions of Sections 47-5-301 through 47-5-327 shall be forthwith deposited into the Prison Industries Fund authorized by subsection (1) of this section. The money so collected and deposited shall be used solely for the purchase of raw materials, manufacturing supplies, equipment, machinery and buildings used to carry out the purposes of Sections 47-5-301 through 47-5-327, to otherwise defray the necessary expenses incident thereto, including the employment of such necessary supervisory personnel as is unavailable in the inmate population. All expenditures from such fund shall be subject to the approval of the commissioner; provided, however, that such Prison Industries Fund shall never be maintained in excess of the amount necessary to carry out efficiently and properly the intentions of Sections 47-5-301 through 47-5-327.

HISTORY: Laws, 1978, ch. 408, § 11; brought forward, Laws, 1984, ch. 471, § 85; Laws, 1984, ch. 488, § 228; reenacted, Laws, 1986, ch. 413, § 85; Laws, 1988, ch. 504, § 29, eff from and after passage (approved May 6, 1988).

Editor’s Notes —

Laws of 1984, ch. 488, § 341, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

Cross References —

Establishment of prison industries fund, see §47-5-66.

§ 47-5-325. Repealed.

Repealed by Laws of 1981, ch. 516, § 7, eff from and after July 1, 1981.

[Laws, 1978, ch. 408, § 12]

Editor’s Notes —

Former §47-5-325 prescribed penalties for selling penitentiary-made products on the open market.

§ 47-5-327. Construction of provisions.

The provisions of Sections 47-5-301 through 47-5-327 shall be liberally construed to achieve the primary objective of vocational training and rehabilitation of offenders through work in industrial types of activities which also will best serve the economical and efficient operation of state agencies. The provisions of Sections 47-5-301 through 47-5-327 shall be considered as supplementary, or in addition to, other existing provisions of law relative to the employment of offenders.

HISTORY: Laws, 1978, ch. 408, § 13; brought forward, Laws, 1984, ch. 471, § 86; reenacted, Laws, 1986, ch. 413, § 86, eff from and after passage (approved March 28, 1986).

Editor’s Notes —

Laws of 1984, ch. 471, § 128, provided for an automatic repeal of this section from and after July 1, 1986. Subsequently, Laws, 1986, ch. 413, § 126, effective from and after passage (approved March 28, 1986) repealed § 128 of ch. 471, Laws of 1984, thereby removing the repeal date.

§ 47-5-329. Prison industries advisory council; members; compensation.

  1. The Commissioner of Corrections shall appoint a Prison Industries Advisory Council. The council shall advise the commissioner and the Governor on all aspects of the prison industry program at the State Penitentiary, including, but not limited to, the types and quantity of products to be manufactured and their manner of production.
  2. The council shall consist of the commissioner, who shall be chairman of the council, and six (6) citizens appointed by the commissioner. The members appointed by the commissioner shall be active leaders of business and industry in this state, and one (1) of the members shall be a representative of organized labor. The members shall be familiar, insofar as possible, with the various types of prison industries in operation or contemplated for operation at the State Penitentiary. Of the initial members of the council, one (1) shall be appointed for a term of one (1) year; one (1) for a term of two (2) years; one (1) for a term of three (3) years; one (1) for a term of four (4) years; one (1) for a term of five (5) years; and one (1) for a term of six (6) years. Thereafter, each member shall serve a term of four (4) years. Vacancies shall be filled for the remainder of the unexpired term and members may be reappointed. Members shall receive such per diem as provided by law for each day actually spent in the performance of their duties, in addition to the actual and necessary expenses incurred in the discharge of their duties. The per diem and expenses shall be paid from the Prison Industries Fund as created in Section 47-5-66.
  3. The council shall meet quarterly and at such other times deemed necessary by the commissioner.

HISTORY: Laws, 1981, ch. 516, § 2; brought forward, Laws, 1984, ch. 471, § 87; reenacted, Laws, 1986, ch. 413, § 87; Laws, 1988, ch. 504, § 30, eff from and after passage (approved May 6, 1988).

Cross References —

Traveling expenses of state officers and employees, see §25-3-41.

Uniform per diem compensation for officers and employees of state boards, commissions and agencies, see §25-3-69.

§ 47-5-331. Lease of buildings at Parchman facility; provisions of lease.

  1. Upon request of the Board of Corrections the Governor’s Office of General Services is authorized to lease one or more existing buildings or portions thereof on the grounds of the Parchman facility of the Department of Corrections (a) to a private individual, firm or corporation for the purpose of establishing and operating a factory for the manufacture and processing of products, or (b) to any other commercial enterprise deemed consistent with the aims and purposes of the Penitentiary-Made Goods Law. The leased premises shall include any real estate needed for reasonable access to and access from the leased buildings. The term of the lease shall not exceed twenty (20) years. Money derived from the lease of such buildings and real estate shall be placed in the Prison Industries Fund in the State Treasury.
  2. Each lease negotiated and concluded under subsection (1) of this section shall include and shall be valid only so long as the lessee adheres to the following provisions:
    1. All persons employed in the factory or other commercial enterprise operated in the leased property, except for lessee’s supervisory employees and necessary training personnel approved by the warden, shall be inmates of the State Penitentiary and approved for such employment by the warden and the lessee.
    2. The factory or other commercial enterprise operated in the leased property shall observe at all times such practices and procedures regarding security as the lease may specify, or as the warden may temporarily stipulate during periods of emergency.
    3. The factory or other commercial enterprise operated in the leased property shall be deemed a private enterprise and subject to all the laws and lawfully adopted rules of this state governing the operation of similar business enterprises elsewhere.

HISTORY: Laws, 1981, ch. 516, § 4; brought forward, Laws, 1984, ch. 471, § 88; Laws, 1984, ch. 488, § 229; reenacted, Laws, 1986, ch. 413, § 88, eff from and after passage (approved March 28, 1986).

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Cross References —

Establishment of prison industries fund, see §47-5-66.

Provisions of the Penitentiary-Made Goods Law, see §§47-5-301 et seq.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions § 180.

CJS.

18 C.J.S., Convicts §§ 23 et seq.

Prison Agricultural Enterprises

§ 47-5-351. State policy; legislative intent; mission.

  1. It is the policy of the State of Mississippi that the Department of Corrections, to the extent practical, make maximum utilization of the farm lands of the various correctional institutions for the purpose of feeding inmates.
  2. It is the intent of the Legislature that the department grow, harvest and process those agricultural products that will directly assist in reducing the reliance of the department upon external sources of supply and that will facilitate the self-sufficiency of the inmates and the department.
  3. The Department of Corrections shall establish, implement and manage prison agricultural enterprises in a manner and form deemed appropriate to ensure a profitable farming operation and self-sufficiency in the feeding of the inmates.
  4. The Legislature finds that the mission of the prison agricultural enterprises is:
    1. To reduce the cost of state government by producing and processing food for use by inmates;
    2. To operate the program primarily with inmate labor;
    3. To serve the security goals of the department through the reduction of idleness of inmates;
    4. To produce and market agricultural products that will aid in maintaining a profitable agricultural operation to the extent possible.

HISTORY: Laws, 1992, ch. 506 § 1, eff from and after passage (approved May 15, 1992).

Cross References —

Prison Agricultural Enterprises Fund, see §47-5-66.

Noxubee County Prison Work Program to be established pursuant to §§47-5-451 through47-5-469 in order to achieve legislative intent set out in this section, see §47-5-1209.

§ 47-5-353. Definitions.

For the purpose of Sections 47-5-351 through 47-5-357, the following terms shall have the following meanings unless the context shall provide otherwise:

“Agricultural commodities” means crops, vegetables, fruits, livestock, domesticated fish, fowl, seafood, animal husbandry, wood and the various processes that any of these commodities may go through subsequent to their removal from the soil or water.

“Commissioner” means the Commissioner of Corrections;

“Department” means the Department of Corrections;

“Director” means the director of the prison agricultural enterprises;

“Prison agricultural enterprises” means any program operated by the Department of Corrections including, but not limited to, the growing, harvesting, processing and marketing of crops, vegetables, fruits, livestock, domesticated fish, fowl and any product of agriculture, animal husbandry or aquaculture that may be used for the feeding of prisoners for the general welfare of the prisoners or profitably grown on department lands. This term includes any proper method of canning, freezing or preserving such products;

“Products” means any item produced by prison agricultural enterprises.

HISTORY: Laws, 1992, ch. 506 § 2; Laws, 2001, ch. 339, § 1, eff from and after passage (approved Mar. 11, 2001.).

Cross References —

Definition of “prison agricultural enterprises” for purposes of Mississippi Prison Industries Act of 1990, see §47-5-539.

§ 47-5-355. Director of prison agricultural enterprises; duties and powers; records; annual report; joint ventures.

  1. The Commissioner of Corrections shall employ a director of the prison agricultural enterprises, who shall be directly responsible to the commissioner. The director shall have the following duties and powers:
    1. To implement and manage the prison agricultural enterprises;
    2. To determine, with the advice of the Director of Planning, the type of agricultural, animal husbandry and aquaculture products needed to feed inmates and which may be grown profitably on department lands;
    3. To use inmate labor to meet the labor needs of the programs, subject to the requirements of subsection (2);
    4. To recommend rules and regulations and employ personnel necessary for the operation of the programs;
    5. To determine the proper methods of canning, freezing or preserving that may be used to the best advantage of the programs;
    6. With approval of the commissioner, to do those things necessary and proper to accomplish the purposes of the programs;
    7. To determine and establish priorities on the most appropriate and profitable products to be grown and which department lands should be farmed, taking into consideration the available prison labor, existing equipment and funds available therefor, markets for the products, and other matters consistent with prudent agricultural practices;
    8. To manage the food services of the department at the discretion of the commissioner.
  2. The director shall have the right to use inmate labor to the exclusion of prison industries. The superintendents shall provide the prison agricultural enterprises with sufficient inmate labor. If a superintendent refuses to provide inmate labor because of security concerns, the commissioner shall decide if security requirements preclude use of inmate labor. Upon the request of the director, the superintendents shall provide security for prison agricultural enterprises.
  3. The director shall maintain accurate and complete financial records of all receipts and expenditures of the prison agricultural enterprise programs.
  4. The director shall file a full and complete report with the Legislature before January 1 of each year detailing the costs, inventory and receipts of each program. The report shall also provide the cost or cost savings of such programs.
  5. The department may enter into joint ventures with private businesses related to prison agricultural enterprises.

HISTORY: Laws, 1992, ch. 506 § 3, eff from and after passage (approved May 15, 1992).

§ 47-5-357. Purchasing policy; items exempted from bid requirements.

  1. Due to the unique and time sensitive requirements of growing and harvesting products produced by the prison agricultural enterprises, the Department of Finance and Administration and the department shall establish a prudent purchasing policy which may exempt from bid requirements those commodities, items or services which are needed for the efficient and effective management of the prison agricultural enterprises.
  2. The Department of Finance and Administration shall, by order entered on its minutes, list those commodities, items and services exempted from bid requirements as provided in Section 31-7-12, Mississippi Code of 1972.

HISTORY: Laws, 1992, ch. 506, § 4, eff from and after passage (approved May 15, 1992).

Public Service Work Programs

§ 47-5-401. Public service work programs; eligibility; limitation.

  1. There is hereby authorized, in each county of the state, a public service work program for state inmates in custody of the county. Such a program may be established at the option of the county in accordance with the provisions of Sections 47-5-401 through 47-5-421. The department shall also recommend rules and regulations concerning the participation of state inmates in the program.
  2. An inmate shall not be eligible to participate in a work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421 if he has been convicted of any crime of violence, including but not limited to murder, aggravated assault, rape, robbery or armed robbery.
  3. The inmates participating in the work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421 are restricted to the performance of public service work for counties, municipalities, the state or nonprofit charitable organizations, as defined by Section 501(c)(3) of the Internal Revenue Code of 1986, except that the Department of Corrections must approve all requests by nonprofit charitable organizations to use offenders to perform any public service work. Upon request of the Board of Trustees of State Institutions of Higher Learning, or the board of trustees of a county school district, municipal school district or junior college district, the inmates may be permitted to perform work for such boards.

HISTORY: Laws, 1982, ch. 456, § 2; brought forward, Laws, 1984, ch. 471, § 89; reenacted, Laws, 1986, ch. 413, § 89; Laws, 1988, ch. 504, § 31; Laws, 1992, ch. 317, § 1; Laws, 1996, ch. 547, § 4; Laws, 2001, ch. 393, § 8, eff from and after July 1, 2001.

Editor’s Notes —

Laws of 1984, ch. 471, § 128, provided for an automatic repeal of this section from and after July 1, 1986. Subsequently, Laws of 1986, ch. 413, § 126, effective from and after passage (approved March 28, 1986) repealed § 128 of ch. 471, Laws of 1984, thereby removing the repeal date.

Cross References —

Joint state-county work program, see §§47-5-451 et seq.

Federal Aspects—

Section 501(c)(3) of the Internal Revenue Code, see 26 USCS § 501(c)(3).

OPINIONS OF THE ATTORNEY GENERAL

Under Section 47-5-401, the board of supervisors has no authority to control the placement of state inmates in the county jail. Welch, October 4, 1995, A.G. Op. #95-0656.

As long as the provisions Sections 21-19-11 and 47-5-401 are followed, a municipality may contract with the Mississippi Department of Corrections for the use of state inmates housed at community work centers to perform public service work such as the type authorized by Section 21-19-11 on private property. Trice, August 30, 1996, A.G. Op. #96-0467.

A state inmate who is in the custody of a county may be worked in a public service work program; however, such work program is restricted to the performance of public service work for counties, municipalities, the state, or nonprofit charitable organizations, as defined by Section 501(c)(3) of the Internal Revenue Code of 1986. Johnson, Jan. 7, 2000, A.G. Op. #99-0707.

A county board of supervisors is authorized to use community work release center prisoners to pick up county garbage and deposit it in county-operated garbage trucks for disposal. Shepard, Feb. 18, 2000, A.G. Op. #2000-0069.

Assuming that inmates are not performing their duties for a private contractor, a county school district may use inmates to clean and remove garbage at a school cafeteria. Mayfield, Apr. 27, 2001, A.G. Op. #01-0251.

A board of supervisors, by appropriate resolution, may establish joint work programs to be operated under the exclusive jurisdiction of the sheriff, and inmates participating in such a program may be housed in work camps in lieu of confinement in jail, which need not be within the corporate limits of the county seat. DeLaughter, Mar. 8, 2002, A.G. Op. #02-0042.

The Mississippi Department of Corrections is under no obligation to pay counties for the costs associated with the care of inmates participating in a joint state/county work program under Section 47-5-401(1). Epps, Feb. 28, 2003, A.G. Op. #03-0764.

County inmates in the custody of the sheriff would not be allowed to work on properties of a nonprofit charitable organization that does not provide food to charities. Griffith, Sept. 26, 2003, A.G. Op. 03-0496.

A court may authorize participants in a Community Service, Restitution and Work Program to perform work service for qualified nonprofit charitable organizations as defined by Section 501 (c)(3) of the Internal Revenue Code. Weathers, Dec. 27, 2005, A.G. Op. 05-0549.

RESEARCH REFERENCES

ALR.

Computation of incarceration time under work-release or “hardship” sentences. 28 A.L.R.4th 1265.

Defendant’s right to credit for time spent in halfway house, rehabilitation center, or similar restrictive environment as a condition of pretrial release. 29 A.L.R.4th 240.

Denial of state prisoner’s application for, or revocation of, participation in work or study release program or furlough program as actionable under Civil Rights Act of 1871 (42 USCS § 1983). 55 A.L.R. Fed. 208.

§ 47-5-403. Definitions.

As used in Sections 47-5-401 through 47-5-421, the following words and terms have the meanings hereby ascribed to them:

“County inmate” means a person convicted of a crime and sentenced to a term of confinement of one (1) year’s duration or less.

“State inmate” means a person convicted of a crime and sentenced to the custody of the Department of Corrections for a term of confinement of more than one (1) year’s duration.

“Department” means the Mississippi Department of Corrections.

HISTORY: Laws, 1982, ch. 456, § 1; brought forward, Laws, 1984, ch. 471, § 90; reenacted, Laws, 1986, ch. 413, § 90; Laws, 1988, ch. 504, § 32, eff from and after passage (approved May 6, 1988).

Editor’s Notes —

Laws of 1984, ch. 471, § 128, provides for an automatic repeal of this section from and after July 1, 1986. Subsequently, Laws of 1986, ch. 413, § 126, effective from and after passage (approved March 28, 1986) repealed § 128 of ch. 471, Laws of 1984, thereby removing the repeal date.

Cross References —

State Department of Corrections, generally, see §§47-5-8 et seq.

Commitment of offenders to custody of department of corrections, see §47-5-110.

Joint state-county work program, see §§47-5-451 et seq.

§ 47-5-405. Joint state-county work programs; sheriff to adopt regulations.

Each county electing to establish a work program under Sections 47-5-401 through 47-5-421 is authorized through its sheriff to adopt regulations and policies for joint state-county work programs, including extending the limits of the place of confinement of an eligible inmate as to whom there is reasonable cause to believe he will know his trust.

Any rules, regulations or policies promulgated by the sheriff shall be filed with the board of supervisors, and shall be left on file for a minimum of thirty (30) days before any such rules, regulations or policies can be implemented or utilized for any inmate pursuant to the provisions of Sections 47-5-401 through 47-5-421. Provided further, such rules as they pertain to state inmates shall also be submitted to the Department of Corrections for approval which shall be granted or rejected within thirty (30) days of submission. If said rules are rejected the reasons therefor shall be stated in writing.

HISTORY: Laws, 1982, ch. 456, § 3; brought forward, Laws, 1984, ch. 471, § 91; reenacted, Laws, 1986, ch. 413, § 91; Laws, 1988, ch. 504, § 33, eff from and after passage (approved May 6, 1988).

Editor’s Notes —

Laws of 1984, ch. 471, § 128, provided for an automatic repeal of this section from and after July 1, 1986. Subsequently, Laws of 1986, ch. 413, § 126, effective from and after passage (approved March 28, 1986) repealed § 128 of ch. 471, Laws of 1984, thereby removing the repeal date.

Cross References —

Duties of sheriff with regard to jail prisoners, generally, see §19-25-69.

Powers and duties of state board of corrections, generally, see §47-5-20.

Work camps for participating inmates, see §47-5-407.

Joint state-county work program, see §§47-5-451 et seq.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 162 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 21 et seq.

§ 47-5-407. Work camps.

Any county establishing a work program pursuant to Sections 47-5-401 through 47-5-421 may also establish a work camp to be used in carrying out the program, wherein inmates participating in the program may be housed in lieu of confinement in the county jail.

HISTORY: Laws, 1982, ch. 456, § 4; brought forward, Laws, 1984, ch. 471, § 92; reenacted, Laws, 1986, ch. 413, § 92, eff from and after passage (approved March 28, 1986).

Editor’s Notes —

Laws of 1984, ch. 471, § 128, provided for an automatic repeal of this section from and after July 1, 1986. Subsequently, Laws of 1986, ch. 413, § 126, effective from and after passage (approved March 28, 1986) repealed § 128 of ch. 471, Laws of 1984, thereby removing the repeal date.

Cross References —

Extending limits of place of confinement of eligible inmate, see §47-5-405.

Joint state-county work program, see §§47-5-451 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Sections 47-5-401 et. seq. particularly Section 47-5-407 allows any county with a work program to establish a work camp wherein inmates participating in the program may be housed in lieu of confinement in the jail. Such a camp need not be within the corporate limits of the county seat. Bradley, July 8, 1996, A.G. Op. #96-0335.

A board of supervisors, by appropriate resolution, may establish joint work programs to be operated under the exclusive jurisdiction of the sheriff, and inmates participating in such a program may be housed in work camps in lieu of confinement in jail, which need not be within the corporate limits of the county seat. DeLaughter, Mar. 8, 2002, A.G. Op. #02-0042.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 176 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 21 et seq.

§ 47-5-409. Escapes.

The willful failure of an inmate to remain within the extended limits of his confinement or to return to the place of confinement within the time prescribed shall be deemed an escape from a state penal institution in the case of a state inmate, and an escape from the custody of the sheriff in the case of a county inmate, and shall be punishable accordingly.

HISTORY: Laws, 1982, ch. 456, § 5; brought forward, Laws, 1984, ch. 471, § 93; reenacted, Laws, 1986, ch. 413, § 93, eff from and after passage (approved March 28, 1986).

Editor’s Notes —

Laws of 1984, ch. 471, § 128, provided for an automatic repeal of this section from and after July 1, 1986. Subsequently, Laws of 1986, ch. 413, § 126, effective from and after passage (approved March 28, 1986) repealed § 128 of ch. 471, Laws of 1984, thereby removing the repeal date.

Cross References —

Forfeiture of earned time in event of escape from state penal institution, see §47-5-139.

Reward for apprehension of escaped state prisoner, see §47-5-147.

Joint state-county work program, see §§47-5-451 et seq.

Penalties for state and county prisoners who escape from custody, see §§97-9-43 through97-9-49.

RESEARCH REFERENCES

ALR.

Failure of prisoner to return at expiration of work furlough or other permissive release period as crime of escape. 76 A.L.R.3d 658.

Temporary unauthorized absence of prisoner as escape or attempted escape. 76 A.L.R.3d 695.

Am. Jur.

27A Am. Jur. 2d, Escape §§ 1 et seq.

60 Am. Jur. 2d, Penal and Correctional Institutions § 229.

§ 47-5-411. Criteria for public service work.

The Department of Corrections and the county shall endeavor to secure public service work for eligible inmates under Sections 47-5-401 through 47-5-421, subject to the following criteria:

Such work shall not result in the displacement of employed workers.

Inmates eligible for work shall not be employed to impair any existing contracts.

Exploitation of eligible inmates, in any form, is prohibited either as it might affect the community, the inmates, the Department of Corrections or the county.

HISTORY: Laws, 1982, ch. 456, § 6; brought forward, Laws, 1984, ch. 471, § 94; reenacted, Laws, 1986, ch. 413, § 94; Laws, 1988, ch. 504, § 34, eff from and after passage (approved May 6, 1988).

Editor’s Notes —

Laws of 1984, ch. 471, § 128, provided for an automatic repeal of this section from and after July 1, 1986. Subsequently, Laws of 1986, ch. 413, § 126, effective from and after passage (approved March 28, 1986) repealed § 128 of ch. 471, Laws of 1984, thereby removing the repeal date.

Cross References —

Prohibition against using state prisoners as servants, see §47-5-137.

§ 47-5-413. Earned time credit.

County inmates performing public service work under Sections 47-5-401 through 47-5-421 shall be eligible for earned time credit in the same manner as other inmates confined or detained in the county jail or other county correctional facility. State inmates performing public service work shall be eligible for earned time credit in the same manner as other inmates confined or detained in state prisons or other state correctional facilities.

HISTORY: Laws, 1982, ch. 456, § 7; brought forward, Laws, 1984, ch. 471, § 95; reenacted, Laws, 1986, ch. 413, § 95, eff from and after passage (approved March 28, 1986).

Editor’s Notes —

Laws of 1984, ch. 471, § 128, provided for an automatic repeal of this section from and after July 1, 1986. Subsequently, Laws of 1986, ch. 413, § 126, effective from and after passage (approved March 28, 1986) repealed § 128 of ch. 471, Laws of 1984, thereby removing the repeal date.

Cross References —

Earned time allowances for state inmates, see §§47-5-138,47-5-139.

Joint state-county work program, see §§47-5-451 et seq.

JUDICIAL DECISIONS

1.-5. [Reserved for future use].

6. Under former §47-5-171.

1.-5. [Reserved for future use].

6. Under former § 47-5-171.

In the absence of a clear statement of legislative intent to the contrary, a prisoner who has been released under a supervised earned release program and later apprehended for violation of the rules promulgated thereunder, is entitled to credit on his sentence for the period of time he was released under such program. Ivory v. State, 403 So. 2d 1284, 1981 Miss. LEXIS 2196 (Miss. 1981).

RESEARCH REFERENCES

ALR.

Computation of incarceration time under work-release or “hardship” sentences. 28 A.L.R.4th 1265.

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 218-231.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 142-144, 146, 152.

§ 47-5-415. Passes and leaves.

The sheriff, in the case of county inmates and state inmates incarcerated in county jails, and the Commissioner of Corrections, in the case of state inmates incarcerated in a Mississippi Department of Corrections facility, may institute a procedure for granting passes and leaves to inmates participating under Sections 47-5-401 through 47-5-421, and may grant such passes or leaves in deserving cases, not to exceed three (3) days or seventy-two (72) hours.

HISTORY: Laws, 1982, ch. 456, § 8; brought forward, Laws, 1984, ch. 471, § 96; reenacted, Laws, 1986, ch. 413, § 96; Laws, 1986, ch. 427; Laws, 1988, ch. 504, § 35, eff from and after passage (approved May 6, 1988).

Editor’s Notes —

Laws of 1984, ch. 471, § 128, provided for an automatic repeal of this section from and after July 1, 1986. Subsequently, Laws of 1986, ch. 413, § 126, effective from and after passage (approved March 28, 1986) repealed § 128 of ch. 471, Laws of 1984, thereby removing the repeal date.

Cross References —

Leave for personal reasons for state inmates, see §47-5-173.

Joint state-county work program, see §§47-5-451 et seq.

§ 47-5-417. Status of participating inmate.

No inmate granted privileges under the provisions of Sections 47-5-401 through 47-5-421 shall be deemed to be an agent, employee or involuntary servant of the Department of Corrections, the state or any political subdivision thereof, while involved in the free community or while going to and from work or other specified areas or while on furlough pass.

HISTORY: Laws, 1982, ch. 456, § 9; brought forward, Laws, 1984, ch. 471, § 97; reenacted, Laws, 1986, ch. 413, § 97; Laws, 1988, ch. 504, § 36, eff from and after passage (approved May 6, 1988).

Editor’s Notes —

Laws of 1984, ch. 471, § 128, provided for an automatic repeal of this section from and after July 1, 1986. Subsequently, Laws of 1986, ch. 413, § 126, effective from and after passage (approved March 28, 1986) repealed § 128 of ch. 471, Laws of 1984, thereby removing the repeal date.

Cross References —

Joint state-county work program, see §§47-5-451 et seq.

RESEARCH REFERENCES

ALR.

Immunity of public officer from liability for injuries caused by negligently released individual. 5 A.L.R.4th 773.

Governmental tort liability for injuries caused by negligently released individual. 6 A.L.R.4th 1155.

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 176 et seq., 211-213.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 26, 50, 123, 124.

§ 47-5-419. Delegation of functions.

The sheriff may designate any officer or employee of the county to do and perform for the county any act or function Sections 47-5-401 through 47-5-421 empower the county to do or perform; provided, however, no elected official of the county shall be designated to do or perform any act or function for the county unless such elected officer is agreeable to being so designated.

The Commissioner of Corrections may designate any employee of the State Department of Corrections to do and perform for the department any act or function Sections 47-5-401 through 47-5-421 empower the department to do or perform.

HISTORY: Laws, 1982, ch. 456, § 10; brought forward, Laws, 1984, ch. 471, § 98; reenacted, Laws, 1986, ch. 413, § 98; Laws, 1988, ch. 504, § 37, eff from and after passage (approved May 6, 1988).

Editor’s Notes —

Laws of 1984, ch. 471, § 128, provided for an automatic repeal of this section from and after July 1, 1986. Subsequently, Laws of 1986, ch. 413, § 126, effective from and after passage (approved March 28, 1986) repealed § 128 of ch. 471, Laws of 1984, thereby removing the repeal date.

Cross References —

State Department and Board of Corrections, generally, see §§47-5-8 et seq.

Joint state-county work program, see §§47-5-451 et seq.

§ 47-5-421. Provisions cumulative.

The provisions of Sections 47-5-401 through 47-5-421 are cumulative and shall not be construed to repeal or supersede any laws directly inconsistent herewith; and it is specifically provided herein that any work program in operation or functioning pursuant to any local law when Sections 47-5-401 through 47-5-421 become law may be continued pursuant to such local law and shall not be affected in any way by Sections 47-5-401 through 47-5-421. The county conducting such program may, however, at its option convert the program to a program to be governed by Sections 47-5-401 through 47-5-421.

HISTORY: Laws, 1982, ch. 456, § 11; brought forward, Laws, 1984, ch. 471, § 99; reenacted, Laws, 1986, ch. 413, § 99, eff from and after passage (approved March 28, 1986).

Editor’s Notes —

Laws of 1984, ch. 471, § 128, provided for an automatic repeal of this section from and after July 1, 1986. Subsequently, Laws of 1986, ch. 413, § 126, effective from and after passage (approved March 28, 1986) repealed § 128 of ch. 471, Laws of 1984, thereby removing the repeal date.

Use of Prisoners in County Jails to Pick up Trash

§ 47-5-431. Use of prisoners in county jails to pick up trash; earned time credit; escapes.

  1. The sheriff may, in his discretion, use any person who has been convicted of a nonviolent felony and who is serving all or any part of his sentence in the county jail to pick up trash along public roads and state highways within the county.
  2. County inmates performing work under this section shall be eligible for earned time credit in the same manner as state inmates. State inmates shall be eligible for earned time credit in the same manner as other inmates confined or detained in state prisons or other state correctional facilities.
  3. Any inmate escaping while participating in the work described herein shall receive an additional five-year sentence.

HISTORY: Laws, 1988, ch. 343, § 1, eff from and after July 1, 1988.

Cross References —

Prisoners permitted to work on public roads or other public works, see §47-1-9.

County prisoners may provide certain public service work, see §47-1-41.

Use of offenders as servants prohibited, see §47-5-137.

Use of prisoners in county jails to maintain certain historic cemeteries and serve food in conjunction with nonprofit organizations, see §47-5-441.

RESEARCH REFERENCES

ALR.

Failure of prisoner to return at expiration of work furlough or other permissive release period as crime of escape. 76 A.L.R.3d 658.

Sex discrimination in treatment of jail or prison inmates. 12 A.L.R.4th 1219.

Computation of incarceration time under work-release or “hardship” sentences. 28 A.L.R.4th 1265.

Denial of state prisoner’s application for, or revocation of, participation in work or study release program or furlough program as actionable under Civil Rights Act of 1871 (42 USCS sec. 1983). 55 A.L.R. Fed. 208.

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 176 et seq., 222 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 21 et seq., 142 et seq.

§ 47-5-433. Use of State Highway vehicles to pick up trash bagged by inmates.

The State Highway Commission may furnish vehicles along state highways to pick up trash bagged by inmates.

HISTORY: Laws, 1988, ch. 343, § 2, eff from and after July 1, 1988.

Editor’s Notes —

Section 65-1-1 provides that whenever the term “State Highway Commission,” or the term “commission” meaning the State Highway Commission, appears in the laws of this state, it shall mean the Mississippi Transportation Commission.

Use of Prisoners in County Jails to Maintain Certain Historic Cemeteries and Serve Food in Conjunction With Nonprofit Organizations

§ 47-5-441. Use of county prisoners to preserve and maintain certain historic cemeteries and use of county prison labor to prepare and serve food in county or public facilities in conjunction with certain nonprofit organizations.

  1. Any sheriff, or his designee, may use any person who has been convicted of a nonviolent offense and who is serving all or any part of his sentence in the county jail to clear, clean, stabilize, preserve, maintain and restore historic cemeteries in the county. For the purposes of this section the term “historic cemeteries” means cemeteries that are at least one hundred (100) years old.
  2. Before undertaking work on an historic cemetery, the sheriff, or his designee, shall contact the Department of Archives and History to obtain information on the appropriate procedures for the preservation and restoration of an historical cemetery.
  3. Any sheriff, or his designee, may use any person who has been convicted of a crime and is serving all or part of his sentence in the county jail, who volunteers his time, to prepare or serve food in county or public facilities in conjunction with a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code.

HISTORY: Laws, 2003, ch. 532, § 1, eff from and after passage (approved Apr. 20, 2003.).

Cross References —

Prisoners permitted to work on public roads or other public works, see §47-1-9.

County prisoners may provide certain public service work, see §47-1-41.

Use of offenders as servants prohibited, see §47-5-137.

Use of prisoners in county jails to pick up trash, see §§47-5-431 et seq.

Federal Aspects—

Section 501(c)(3) of the Internal Revenue Code, see 26 USCS § 501(c)(3).

OPINIONS OF THE ATTORNEY GENERAL

Pursuant to this section the sheriff may use county inmate labor to clear, clean, stabilize, preserve, maintain and restore historic cemeteries in the county, public or private. The board of supervisors may authorize the sheriff to use county equipment and property to repair and maintain historic cemeteries pursuant to G.S. 39-5-19. Brown, July 7, 2003, A.G. Op. 03-0284.

Joint State-County Work Program

§ 47-5-451. Joint state-county work programs; eligibility; limitations.

  1. There is hereby authorized, in each county of the state, a public service work program for state inmates in custody of the county. Such a program may be established at the option of the county in accordance with the provisions of Sections 47-5-401 through 47-5-421. The department shall also recommend rules and regulations concerning the participation of state inmates in the program.
  2. An inmate shall not be eligible to participate in a work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421, if he has been convicted of any crime of violence, including, but not limited to, murder, aggravated assault, rape, robbery or armed robbery.
  3. The inmates participating in the work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421, are restricted to the performance of public service work for counties, municipalities, the state, nonprofit charitable organizations or churches, as defined by Section 501(c)(3) of the Internal Revenue Code of 1986, except that the Department of Corrections must approve all requests by nonprofit charitable organizations or churches to use offenders to perform any public service work. Upon request of the Board of Trustees of State Institutions of Higher Learning, or the board of trustees of a county school district, municipal school district or junior college district, the inmates may be permitted to perform work for such boards.

HISTORY: Laws, 1985, ch. 489, § 1; reenacted and amended, Laws, 1987, ch. 384, § 1; Laws, 1988, ch. 504, § 38; Laws, 1992, ch. 317, § 2; Laws, 1996, ch. 547, § 5; Laws, 2001, ch. 393, § 9; Laws, 2008, ch. 364, § 2, eff from and after July 1, 2008.

Editor’s Notes —

Laws of 1985, ch. 489, § 11, provided for the repeal of the Joint State-County Work Program (§§47-5-451 through47-5-469). Subsequently, Laws of 1987, ch. 384, § 11, amended Laws of 1985, ch. 489, § 11, by removing the repeal provision.

Amendment Notes —

The 2008 amendment added “or churches” following “nonprofit charitable organizations” twice in the first sentence of (3); and made minor stylistic changes throughout.

Cross References —

Department of Corrections, see §47-5-8.

Public service work program, see §§47-5-401 et seq.

Noxubee County Work Program established pursuant to the authority of §§47-5-451 through §§47-5-469, see §47-5-1209.

Federal Aspects—

Section 501(c)(3) of the Internal Revenue Code, see 26 USCS § 501(c)(3).

JUDICIAL DECISIONS

1. Work programs.

Without waiving the procedural bar to the inmate’s claim that his sentence was unconstitutional, the court held that the inmate was properly charged under Miss. Code Ann. §97-9-45 and entered a plea of guilty to the escape; the sentence of three years was well within the maximum prescribed by the statute, which referred to prisoners sentenced to the Mississippi Department of Corrections and allowed a maximum sentence of five years, and thus the inmate was not entitled to post-conviction relief; although the inmate was in custody and on a work program for a county at the time of the escape, the inmate was considered under the Department’s jurisdiction for purposes of §97-9-45 because (1) the inmate’s original burglary sentence required imprisonment in the “penitentiary” under Miss. Code Ann. §97-17-23, which term meant any facility under the jurisdiction of the Department pursuant to Miss. Code Ann. §47-5-3, (2) commitment to any institution within the jurisdiction of the Department was to the Department, not a particular institution pursuant to Miss. Code Ann. §47-5-110, and (3) under Miss. Code Ann. §47-5-451, the Department recommended rules concerning the participation of inmates in work programs. Gardner v. State, 848 So. 2d 900, 2003 Miss. App. LEXIS 570 (Miss. Ct. App. 2003).

OPINIONS OF THE ATTORNEY GENERAL

The creation of Christmas ornaments for display on public streets and city property constitutes public service work but the creation of Christmas ornaments for advertisement and sale by cities to other cities or anyone in the private sector does not constitute public service work. Shepard, Dec. 18, 1991, A.G. Op. #91-0943.

Legislature intended that eligibility provision of Miss. Code §47-5-451(2) exclude inmates who previously had been convicted of violent crimes, as well as those who were presently serving time for such convictions; further, this exclusion would apply to juveniles, only if they were tried and convicted as adults, but would not apply to juvenile delinquency adjudications. Lucas, Jan. 6, 1993, A.G. Op. #92-0977.

It was intended that eligibility provision of Miss. Code Section 47-5-45(2) [repealed] apply only to those work programs that are authorized and created under provisions of Miss. Code Section 47-5-451. Lucas, Jan. 6, 1993, A.G. Op. #92-0977.

A board of supervisors, by appropriate resolution, may establish joint work programs to be operated under the exclusive jurisdiction of the sheriff, and inmates participating in such a program may be housed in work camps in lieu of confinement in jail, which need not be within the corporate limits of the county seat. DeLaughter, Mar. 8, 2002, A.G. Op. #02-0042.

RESEARCH REFERENCES

ALR.

Computation of incarceration time under work-release or “hardship” sentences. 28 A.L.R.4th 1265.

Defendant’s right to credit for time spent in halfway house, rehabilitation center, or similar restrictive environment as condition of pretrial release. 29 A.L.R.4th 240.

Denial of state prisoner’s application for, or revocation of, participation in work or study release program or furlough program as actionable under Civil Rights Act of 1871 (42 USCS § 1983). 55 A.L.R. Fed. 208.

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 162 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 21 et seq.

§ 47-5-452. Offenders to clean up abandoned or neglected cemeteries and public roads of the county.

Upon written request by a majority of the board of supervisors of any county, the Commissioner of Corrections may authorize offenders committed to the custody of the Department of Corrections to clean abandoned or neglected cemeteries of the county or clean public roads of the county. The offenders shall be under the supervision of the department and the department shall establish all proper regulations for the working, guarding, safekeeping, clothing, housing and subsistence of offenders while working.

HISTORY: Laws, 1996, ch. 547, § 35, eff from and after passage (approved April 13, 1996).

Cross References —

Prisoners permitted to work on public roads or other public works, see §47-1-9.

USe of county prisoners to preserve and maintain certain historic cemeteries, see §47-5-441.

§ 47-5-453. Adoption of regulations and policies.

Each county board of supervisors electing to establish a work program under Sections 47-5-451 through 47-5-469 shall adopt regulations and policies as authorized by the Department of Corrections for joint state-county work programs, including extending the limits of the place of confinement of an eligible inmate as to whom there is reasonable cause to believe he will know his trust. Extending the limits of the place of confinement may include confinement at the residence of the subject inmate wherein the primary maintenance and care of the inmate shall take place, subject to approval by the department and county.

Violations by inmates participating in such programs of any such rules, regulations or policies shall result in the ineligibility of the inmates to participate in such programs, and shall result in the inmate’s immediate incarceration.

HISTORY: Laws, 1985, ch. 489; reenacted, Laws, 1987, ch. 384, § 2; Laws, 1988, ch. 504, § 39, eff from and after passage (approved May 6, 1988).

Cross References —

Duties of sheriff with regard to jail prisoners, generally, see §19-25-69.

Powers and duties of state board of corrections, generally, see §47-5-20.

Public service work program, see §§47-5-401 et seq.

Work camps for participating inmates, see §47-5-455.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 176 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 21 et seq.

§ 47-5-455. Establishment of work camps.

Any county board of supervisors establishing a work program pursuant to Sections 47-5-451 through 47-5-469 may also establish a work camp to be used in carrying out the program, wherein inmates participating in the program may be housed.

HISTORY: Laws, 1985, ch. 489, § 3; reenacted, Laws, 1987, ch. 384, § 3, eff from and after July 1, 1987.

Cross References —

Public service work program, see §§47-5-401 et seq.

Extending limits of place of confinement of eligible inmate, see §47-5-453.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 176 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 21 et seq.

§ 47-5-457. Escapes.

The willful failure of an inmate to remain within the extended limits of his confinement or to return to the place of confinement within the time prescribed shall be deemed an escape from a state penal institution and shall be punishable accordingly.

HISTORY: Laws, 1985, ch. 489, § 4; reenacted, Laws, 1987, ch. 384, § 4, eff from and after July 1, 1987.

Cross References —

Forfeiture of earned time in event of escape from state penal institution, see §47-5-139.

Reward for apprehension of escaped state prisoner, see §47-5-147.

Public service work program, see §§47-5-401 et seq.

Penalties for state and county prisoners who escape from custody, see §§97-9-43 et seq.

RESEARCH REFERENCES

ALR.

Failure of prisoner to return at expiration of work furlough or other permissive release period as crime of escape. 76 A.L.R.3d 658.

Temporary unauthorized absence of prisoner as escape or attempted escape. 76 A.L.R.3d 695.

Am. Jur.

27A Am. Jur. 2d, Escape §§ 1 et seq.

60 Am. Jur. 2d, Penal and Correctional Institutions § 229.

§ 47-5-459. Criteria for public service and private sector work.

  1. Notwithstanding any other provisions of law to the contrary, the State Department of Corrections and the county board of supervisors shall endeavor to secure public service work or private paid employment for eligible inmates under Sections 47-5-451 through 47-5-469, subject to the following criteria:
    1. Such work shall not result in the displacement of employed workers.
    2. Inmates eligible for work shall not be employed to impair any existing contracts.
    3. Exploitation of eligible inmates, in any form, is prohibited either as it might affect the community, the inmates, the department or the county.
  2. In those cases in which inmates have been authorized to engage in paid employment in the private sector which has been approved by the Department of Corrections and a county board of supervisors electing to establish a work program under Sections 47-5-451 through 47-5-469, the disposition of funds received by such inmates shall be allocated by the Department of Corrections and the county board of supervisors. The guidelines to be used in the allocation of such funds shall include consideration of the following:
    1. The cost of maintenance of the inmate in his place of confinement and reimbursement for same to the appropriate person or entity;
    2. The operating expenses and costs incurred by the county or Department of Corrections in operating such a work program and reimbursement to such county or to the department; and
    3. Restitution to any victim of the offense for which the inmate was convicted in such amounts and under such conditions as the sentencing court may have imposed.

HISTORY: Laws, 1985, ch. 489, § 5; reenacted, Laws, 1987, ch. 384, § 5; Laws, 1988, ch. 504, § 40; Laws, 1996, ch. 547, § 6, eff from and after passage (approved April 13, 1996).

Cross References —

Prohibition against using state prisoners as servants, see §47-5-137.

Public service work program, see §§47-5-401 et seq.

OPINIONS OF THE ATTORNEY GENERAL

A board of supervisors, by appropriate resolution, may establish joint work programs to be operated under the exclusive jurisdiction of the sheriff, and inmates participating in such a program may be housed in work camps in lieu of confinement in jail, which need not be within the corporate limits of the county seat. DeLaughter, Mar. 8, 2002, A.G. Op. #02-0042.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 176 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 21 et seq.

§ 47-5-461. Earned time credit.

State inmates performing public service work or private paid employment under Sections 47-5-451 through 47-5-469 shall be eligible for earned time credit allowances in the same manner as other inmates confined or detained in state prisons or other state correctional facilities.

HISTORY: Laws, 1985, ch. 489, § 6; reenacted, Laws, 1987, ch. 384, § 6, eff from and after July 1, 1987.

Cross References —

Earned time allowances for state inmates, see §§47-5-138,47-5-139.

Public service work program, see §§47-5-401 et seq.

JUDICIAL DECISIONS

I. Under Current Law.

1. In general.

2.-5. [Reserved for future use].

II. Under Former §47-5-171.

6. In general.

I. Under Current Law.

1. In general.

A habeas corpus petitioner who had been a death row inmate, and as such had not been eligible for earned time credit, was entitled to full earned time credit for the years of incarceration on death row where (1) his conviction and sentence were found to be illegal, (2) he subsequently pleaded guilty to manslaughter, and (3) he received a 20-year sentence. Voyles v. State, 520 So. 2d 501, 1988 Miss. LEXIS 166 (Miss. 1988).

2.-5. [Reserved for future use].

II. Under Former § 47-5-171.

6. In general.

In the absence of a clear statement of legislative intent to the contrary, a prisoner who has been released under a supervised earned release program and later apprehended for violation of the rules promulgated thereunder, is entitled to credit on his sentence for the period of time he was released under such program. Ivory v. State, 403 So. 2d 1284, 1981 Miss. LEXIS 2196 (Miss. 1981).

RESEARCH REFERENCES

ALR.

Computation of incarceration time under work-release or “hardship” sentences. 28 A.L.R.4th 1265.

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 218-231.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 142-144, 146, 152.

§ 47-5-463. Passes and leaves.

The Commissioner of Corrections may institute a procedure for granting passes and leaves to inmates participating under Sections 47-5-451 through 47-5-469, and may grant such passes or leaves in deserving cases, not to exceed three (3) days or seventy-two (72) hours.

HISTORY: Laws, 1985, ch. 489, § 7; reenacted, Laws, 1987, ch. 384, § 7; Laws, 1988, ch. 504, § 41, eff from and after passage (approved May 6, 1988).

Cross References —

Leave for personal reasons for state inmates, see §47-5-173.

Public service work program, see §§47-5-401 et seq.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 176 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 21 et seq.

§ 47-5-465. Status of participating inmate.

No inmate granted privileges under Sections 47-5-451 through 47-5-469 shall be deemed to be an agent, employee or involuntary servant of the Department of Corrections, any county board of supervisors, the state or any political subdivision thereof, while involved in the free community or while going to and from work or other specified areas or while on furlough pass.

HISTORY: Laws, 1985, ch. 489, § 8; reenacted, Laws, 1987, ch. 384, § 8; Laws, 1988, ch. 504, § 42, eff from and after passage (approved May 6, 1988).

RESEARCH REFERENCES

ALR.

Immunity of public officer from liability for injuries caused by negligently released individual. 5 A.L.R.4th 773.

Governmental tort liability for injuries caused by negligently released individual. 6 A.L.R.4th 1155.

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 162, 211-213.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 26, 50, 123, 124.

§ 47-5-467. Delegation of functions.

The Commissioner of Corrections may designate any employee of the department to do and perform for the department any act or function which Sections 47-5-451 through 47-5-469 empower the department to do or perform.

HISTORY: Laws, 1985, ch. 489, § 9; reenacted, Laws, 1987, ch. 384, § 9; Laws, 1988, ch. 504, § 43, eff from and after passage (approved May 6, 1988).

Cross References —

State department and board of corrections, generally, see §§47-5-8 et seq.

Public service work program, see §§47-5-401 et seq.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 176 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 21 et seq.

§ 47-5-469. Provisions cumulative.

The provisions of Sections 47-5-451 through 47-5-469 of this chapter are cumulative and shall not be construed to repeal or supersede any laws directly inconsistent herewith; and it is specifically provided herein that any work program in operation or functioning pursuant to any local law when Sections 47-5-451 through 47-5-469 of this chapter become law may be continued pursuant to such local law and shall not be affected in any way by Sections 47-5-451 through 47-5-469 of this chapter. The county board of supervisors conducting such program may, however, at its option, convert the program to a program to be governed by Sections 47-5-451 through 47-5-469.

HISTORY: Laws, 1985, ch. 489, § 10; reenacted, Laws, 1987, ch. 384, § 10, eff from and after July 1, 1987.

Cross References —

Public service work program, see §§47-5-401 et seq.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 176 et seq.

CJS.

72 C.J.S., Prisons and Rights of Prisoners §§ 17, 21 et seq.

§ 47-5-471 Department of Corrections to make available to requesting counties eligible inmates for participation in state-county work program; counties responsible for transportation and expenses related to housing and caring for inmates.

Upon the request of any county for eligible inmates, the Department of Corrections shall make available for participation in the state-county work program in the requesting county any eligible inmates. Upon request and approval of such request by the Department of Corrections, the requesting county shall arrange for transportation of such inmates from the Department of Corrections to such county. Upon receiving any inmates, the county shall be responsible for all expenses related to housing and caring for such inmates. The Department of Corrections shall not be obligated to pay the county for any costs associated with housing or caring for such inmates, while the inmates are in the custody of the county for the purposes of the state-county work program. Regardless of any eligibility criteria established by the Department of Corrections, no inmate convicted of a sex crime, a crime of violence as defined by Section 97-3-2, or any other crime which specifically prohibits parole shall be eligible for participation in the program. The requesting county may, in its sole discretion, refuse any inmate deemed to present an undue risk to such county.

HISTORY: Laws, 2018, ch. 416, § 9, eff from and after July 1, 2018.

Correctional Industries Work Programs

§ 47-5-501. Legislative intent.

Except as otherwise specifically provided by law, it is hereby declared to be the intent of the Legislature to provide vocational education and training for offenders in the custody of the Mississippi Department of Corrections and simultaneously reimburse the state for the expenses of incarcerating such offenders. To implement this goal, the Legislature intends for the Department of Corrections to work in conjunction with private industry to locate viable industries and businesses on property utilized by the State Prison Correctional System and utilize offenders in the custody of the Department of Corrections as the labor force necessary to conduct their operations.

HISTORY: Laws, 1983, ch. 409, § 1; Laws, 1996, ch. 547, § 7, eff from and after passage (approved April 13, 1996).

Cross References —

Mississippi Prison Industries Act of 1990, see §47-5-531.

Authorization to transfer and expend monies from Prison Industries Fund to carry out purposes of sections47-5-301 et seq., and47-5-501 et seq., see §47-5-565.

OPINIONS OF THE ATTORNEY GENERAL

So long as the provision of this section and Section 21-19-11 are followed, a municipality may contract with the Mississippi Department of Corrections to use inmate labor for public service work such as the cleaning of private property under Section 21-19-11. Pierce, Dec. 19, 1997, A.G. Op. #97-0676.

RESEARCH REFERENCES

ALR.

Computation of incarceration time under work-release or “hardship” sentences. 28 A.L.R.4th 1265.

Defendant’s right to credit for time spent in halfway house, rehabilitation center, or similar restrictive environment as a condition of pretrial release. 29 A.L.R.4th 240.

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 22, 176-180.

§ 47-5-503. Repealed.

Repealed by Laws 1990, ch. 534, § 28, eff from and after passage (approved April 4, 1990).

[Laws, 1983, 409, § 2; Laws, 1988, ch. 518, § 23]

Editor’s Notes —

Former section47-5-503 provided that the department of corrections was to implement and administer correctional industries work programs, and for the participation of other agencies. For provisions governing prison industries work programs, see §§47-5-531 through47-5-575.

§ 47-5-505. Selection and evaluation of suitable industries; negotiation of leases and other agreements; ratification.

  1. Except as otherwise specifically provided by law, the Department of Economic Development, and the Mississippi State University Cooperative Extension Service shall collaborate with the Department of Corrections in an initial evaluation of viable industries and businesses readily found in the present economy and a determination of which of these would effectively function within the correctional industries work program. Special consideration shall be given to those industries and businesses which will provide vocational education and training for offenders so as to assist offenders in functioning more successfully following their release from custody.
  2. Except as otherwise specifically provided by law, in conjunction with the initial evaluation and determination described in subsection (1) of this section, the Department of Economic Development shall have the primary responsibility of identifying and evaluating acceptable industries and businesses and of acting as an agent of the Department of Corrections by communicating with such concerns and aggressively soliciting their participation in the correctional industries work program.
  3. Except as otherwise specifically provided by law, after an acceptable industry or business has expressed an interest in participating in the correctional industries work program, the Department of Corrections shall negotiate any necessary contractual agreements and arrangements between the concern and the Department of Corrections, including (a) leases of up to twenty-five (25) years, renewable at the option of the lessee for an additional ten-year period at the end of each lease term, of any property utilized by the state prison correctional system, and (b) authorization for such industry or business to develop leased property in a manner necessary to conduct the operation or project.
  4. Except as otherwise specifically provided by law, any contracts concerning the leasing of real property by the Board of Corrections, any rules and regulations promulgated by the board and the making of any contract by the Department of Corrections with any private business shall be ratified and approved by the Governor’s Office of General Services.

HISTORY: Laws, 1983, ch. 409, §§ 3, 10; Laws, 1984, ch. 488, § 230; Laws, 1988, ch. 518, § 24; Laws, 1996, ch. 547, § 8, eff from and after passage (approved April 13, 1996).

Editor’s Notes —

Section 57-1-2 provides that the term “Board of Economic Development” shall mean the “Mississippi Development Authority”.

Laws of 1984, ch. 488, § 341, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

Cross References —

Creation of the office of general services, see §7-1-451.

Duty of Department of Community and Economic Development to assist Department of Corrections in selection and evaluation of suitable industries, see §57-1-55.

§ 47-5-507. Vocational training of offenders; employment subsequent to release.

The participating industry or business shall be responsible for providing the offenders with any vocational education or training necessary for employment. Upon an offender’s release from custody, the participating industry or business may offer such offender a similar employment opportunity at a free-world location or facility operated by the industry or business.

HISTORY: Laws, 1983, ch. 409, § 4, eff from and after July 1, 1983.

§ 47-5-509. Security for facilities; employment status of offenders.

The department of corrections shall at all times be responsible for the security of the facility being used for the operation or project. No offender granted privileges under the provisions of Section 47-5-501 et seq. shall be deemed to be an agent, employee, or involuntary servant of the participating industry or business while working in the correctional industries work program, or while going to and from employment or other specified areas.

HISTORY: Laws, 1983, ch. 409, § 5, eff from and after July 1, 1983.

§ 47-5-511. Repealed.

Repealed by Laws 1990, ch. 534, § 28, eff from and after passage (approved April 4, 1990).

[Laws, 1983, ch. 409, § 6]

Editor’s Notes —

Former section 47-5-511 provided for the selection of offenders eligible to participate in the program.

§ 47-5-513. Disposition of funds received.

Except as otherwise specifically provided by law, proceeds of funds paid by industries or businesses participating in the correctional industries work program shall be paid into the special fund in the State Treasury to the credit of the Department of Corrections for the operating expenses of the department.

HISTORY: Laws, 1983, ch. 409, § 7; Laws, 1996, ch. 547, § 9, eff from and after passage (approved April 13, 1996).

Cross References —

Reporting requirements and disposition of funds received by state officials, see §7-9-21.

§ 47-5-515. Work training programs for offenders in trades for which there is a shortage of workers; cooperation with private industry.

  1. The Department of Corrections shall establish work training programs in conjunction with private industry to provide training to offenders in those trades in which there is a shortage of workers.
  2. The commissioner may cooperate with private industry for the establishment of work training programs.
  3. Private industry shall provide the training at state correctional facilities.

HISTORY: Laws, 1999, ch. 567, § 1, eff from and after July 1, 1999.

§ 47-5-517. Work program for data processing entry at Central Mississippi Correctional Facility.

The Department of Corrections shall contract with the Department of Economic and Community Development for a training and work program for inmates to perform data processing entry at the Central Mississippi Correctional Facility.

HISTORY: Laws, 1999, ch. 586, § 1, eff from and after passage (approved April 22, 1999.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in the section’s subsection designators. The subsection number “(1)” at the beginning of the section was deleted. The Joint Committee ratified the correction at its August 5, 2008, meeting.

Mississippi Prison Industries Act of 1990

§ 47-5-531. Short title of Sections 47-5-531 through 47-5-575.

Sections 47-5-531 through 47-5-575 shall be known as the “Mississippi Prison Industries Act of 1990.”

HISTORY: Laws, 1990, ch. 534, § 1; reenacted without change, Laws, 1996, ch. 547, § 10, eff from and after passage (approved April 13, 1996).

Cross References —

Penitentiary-made Goods Law of 1978, see §§47-5-301 et seq.

Correctional Industries Work Programs, see §47-5-501.

Prison Industry Enhancement Program, see §47-5-1251.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 22, 176-180.

§ 47-5-533. Legislative findings.

  1. It is the finding of the Legislature that prison industry programs of the State Department of Corrections are uniquely different from other programs operated or conducted by other departments in that it is essential to the state that the prison industry programs provide inmates with useful activities that can lead to meaningful employment after release in order to assist in reducing the return of inmates to the system.
  2. It is further the finding of the Legislature that the mission of a prison industry program is:
    1. To reduce the cost of state government by operating prison industries primarily with inmate labor, which industries do not seek to unreasonably compete with private enterprise;
    2. To serve the rehabilitative goals of the state by duplicating as nearly as possible, the operating activities of a free-enterprise type of profit-making enterprise; and
    3. To serve the security goals of the state by reducing the idleness of inmates and by providing an incentive for good behavior while in prison.

HISTORY: Laws, 1990, ch. 534, § 2; reenacted without change, Laws, 1996, ch. 547, § 11, eff from and after passage (approved April 13, 1996).

Cross References —

Department of Corrections, see §47-5-8.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 22, 176-180.

§ 47-5-535. Legislative intent.

  1. Except as otherwise specifically provided by law, it is the intent of the Legislature that a nonprofit corporation be organized and formed, within sixty (60) days from April 4, 1990, to lease and manage the prison industry programs of the Mississippi Correctional Industries. The corporation created and established shall be a body politic and corporate, may acquire and hold real and personal property, may receive, hold and dispense monies appropriated to it by the Legislature of the State of Mississippi received from the federal government, received from the sale of products, goods, and services which it produces, and received from any other sources whatsoever.
  2. Except as otherwise specifically provided by law, it is the further intent of the Legislature that the nonprofit corporation shall create any additional prison industry program as it deems fit, and any such program shall be created in compliance with the provisions of Sections 47-5-531 through 47-5-575.
  3. Except as otherwise specifically provided by law, it is the further intent of the Legislature that such nonprofit corporation shall have exclusive rights to operate any prison industry program and when such corporation is lawfully formed, no other public or private entity shall be allowed to carry out the provisions of Sections 47-5-531 through 47-5-575.
  4. It is the further intent of the Legislature, that the nonprofit corporation which is required to be organized and formed under Sections 47-5-531 through 47-5-575 shall locate and operate prison industries at any state correctional facility with the approval of the Commissioner of Corrections. It is the intent of the Legislature that the nonprofit corporation locate and operate such industries in an orderly and expeditious manner. Such corporation may locate and operate prison industries at other prison satellites, at community work centers in the state, at any private correctional facility which houses state inmates and at any regional correctional facility as authorized under Section 47-5-931. No industrial prison program shall be located at a site other than state prison facilities approved by the commissioner.
  5. It is the further intent of the Legislature that the nonprofit corporation shall not have any rights to operate a program under the prison agricultural enterprises and shall not create a prison industry program that duplicates a prison agricultural enterprises program or product.
  6. It is the further intent of the Legislature that the department retain exclusive rights to conduct all prison agricultural and related enterprises.

HISTORY: Laws, 1990, ch. 534, § 3; Laws, 1992, ch. 506, § 7; reenacted and amended, Laws, 1996, ch. 547, § 12; Laws, 1997, ch. 530, § 1, eff from and after passage (approved April 10, 1997).

Cross References —

Prison Industries Fund, see §47-5-66.

Allocation of one-half of proceeds of Inmate Welfare Fund for use by corporation established under this section, see §47-5-158.

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 22, 176-180.

§ 47-5-537. Formation of nonprofit corporation; programs of Division of Vocational Rehabilitation not to be prison industries.

The Secretary of State, or his designee, shall assist the Department of Corrections and the Department of Finance and Administration in the formation of the nonprofit corporation, and within sixty (60) days after the formation of the corporation, the corporation shall apply for exemption from federal tax under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. Any program of the Division of Vocational Rehabilitation of the State Department of Human Services shall not be classified as prison industries under the provisions of Sections 47-5-531 through 47-5-575.

HISTORY: Laws, 1990, ch. 534, § 4; reenacted without change, Laws, 1996, ch. 547, § 13, eff from and after passage (approved April 13, 1996).

Cross References —

Secretary of State, see §7-3-5.

Department of Finance and Administration, see §27-104-1.

Rehabilitation services of State Department of Rehabilitation Services, see §37-33-157.

Department of Corrections, see §47-5-8.

Federal Aspects—

Section 501(c)(3) of the Internal Revenue Code, see 26 USCS § 501(c)(3).

OPINIONS OF THE ATTORNEY GENERAL

Participants of the Prison Industry Enhancement (PIE) program are employees not of the Mississippi Prison Industries Corporation, but may be considered employees of the private employers with which the Mississippi Department of Corrections contracts for workers’ compensation purposes and, therefore, the Mississippi State Agencies Self-Insured Workers’ Compensation Trust cannot extend workers’ compensation coverage to those inmates participating in the PIE program. Self, May 5, 2000, A.G. Op. #2000-0189.

§ 47-5-539. Definitions.

For the purposes of Sections 47-5-531 through 47-5-575, the following terms shall have the following meanings unless the context shall provide otherwise:

“Corporation” means the private nonprofit corporation which is required to be organized and formed to carry out the provisions of Sections 47-5-531 through 47-5-575 regarding prison industries.

“Department” means the State Department of Corrections.

“Inmate” means any person incarcerated within any state correctional facility.

“Prison industry program” means any program which is considered to be a part of any prison industry in this state.

“Prison agricultural enterprises” means all agricultural endeavors as defined in Section 47-5-353.

HISTORY: Laws, 1990, ch. 534, § 5; Laws, 1992, ch. 506, § 8; reenacted without change, Laws, 1996, ch. 547, § 14, eff from and after passage (approved April 13, 1996).

Cross References —

Department of Corrections, see §47-5-8.

Definition of “prison agricultural enterprises” for the purposes of §§47-5-351 through47-5-357, see §47-5-353.

§ 47-5-541. Board of directors of corporation; chief executive officer; industry advisory board; compensation of directors; rules and regulations; duties of chief executive officer.

  1. The corporation shall be governed by a board of directors. The board of directors of the nonprofit corporation shall be composed of the following eleven (11) members who shall be appointed by the Governor with the advice and consent of the Senate: one (1) representative of the manufacturing industry, one (1) representative of the agriculture industry, one (1) representative of the banking and finance industry, one (1) representative of the labor industry, one (1) representative from the marketing industry and six (6) members from the state at large. In addition, the State Commissioner of Corrections and the President of Mississippi Delta Community College shall be ex officio members of the board of directors with full voting privileges. In making initial appointments, three (3) members shall be appointed for a term of two (2) years; four (4) members shall be appointed for a term of three (3) years; and four (4) members shall be appointed for a term of four (4) years; to be designated by the Governor at the time of appointment; and all succeeding terms shall be for four (4) years from the expiration date of the previous term. Initial appointments shall be made within thirty (30) days after passage of Sections 47-5-531 through 47-5-575. Any vacancy shall be filled by the Governor, with the advice and consent of the Senate. The officers of the corporation shall consist of a chairman, vice chairman and a secretary-treasurer. The officers shall be selected by the members of the board. However, the Commissioner of Corrections and the President of Mississippi Delta Community College shall not be eligible to serve as an officer of the corporation.
  2. The board of directors shall select and employ a chief executive officer of the corporation who shall serve at the pleasure of the board. The board shall set the compensation of the chief executive officer. The chief executive officer shall be responsible for the general business and entire operations of the corporation, and shall be responsible for operating the corporation in compliance with the bylaws of the corporation and in compliance with any provision of law. The board shall be authorized and empowered to do only those acts provided by law and by the bylaws of the corporation. Except as otherwise specifically provided by law, such board shall have the authority to establish prison industries, to cease the operation of any industry which it deems unsuitable or unprofitable, to enter into any lease or contract for the corporation and it shall have the full authority to establish prices for any industry good.
  3. No member of the board of directors shall vote on any matter that comes before the board that could result in pecuniary benefit for himself or for any entity in which such member has an interest.
  4. In addition to the board of directors, an advisory board may be set up for the benefit of each industry which is established pursuant to the provisions of Sections 47-5-531 through 47-5-575. Such boards shall be advisory only, and may be set up in the discretion of the board of directors of the corporation.
  5. Each member of the board of directors of the corporation shall receive per diem as provided in Section 25-3-69 for each day or fraction thereof spent in actual discharge of his official duties and shall be reimbursed for mileage and actual expenses incurred in the performance of his official duties in accordance with the requirements of Section 25-3-41, Mississippi Code of 1972.
  6. The board of directors shall make and publish policies, rules and regulations governing all business functions, including but not limited to accounting, marketing, purchasing and personnel, not inconsistent with the terms of Sections 47-5-531 through 47-5-575, as may be necessary for the efficient administration and operation of the corporation.
  7. The chief executive officer of the corporation shall:
    1. Employ all necessary employees of the corporation and dismiss them as is necessary;
    2. Administer the daily operations of the corporation;
    3. Upon approval of the board of directors, execute any contracts on behalf of the corporation; and
    4. Take any further actions which are necessary and proper toward the achievement of the corporation purposes.
  8. A member of the board of directors of the corporation shall not be liable for any civil damages for any personal injury or property damage caused to a person as a result of any acts or omissions committed in good faith in the exercise of their duties as members of the board of directors of the corporation, except where a member of the board engages in acts or omissions which are intentional, willful, wanton, reckless or grossly negligent.

HISTORY: Laws, 1990, ch. 534, § 6; reenacted and amended, Laws, 1996, ch. 547, § 15; Laws, 2007, ch. 415, § 1, eff from and after July 1, 2007.

Amendment Notes —

The 2007 amendment deleted the former last two sentences of (1), which read: “The superintendent for the Parchman facility of the Department of Corrections shall attend all meetings of the board of directors. In addition, the superintendents of the Rankin County and Greene County facilities of the Department of Corrections shall attend any meeting of the board of directors wherein the business relates to their respective facilities.”

Cross References —

State Commissioner of Corrections, see §47-5-24.

§ 47-5-543. Lease of existing prison industries to corporation; exception for agricultural enterprises land, equipment, etc.

  1. Within sixty (60) days after the formation of the corporation pursuant to the provisions of Section 47-5-535, the State Department of Corrections shall lease to the corporation all existing prison industries including the buildings, land, furnishings, equipment and other chattel used in the operation of such industries. Such lease shall be agreed upon by the State Department of Corrections, State Department of Finance and Administration and the corporation. The initial term of such lease shall not exceed six (6) years, provided that such lease may be renewed for additional successive terms of years not to exceed six (6) years in any one (1) renewal. No sublease to the corporation shall be in excess of that amount for which the department is obligated to pay under any lease agreement with any other state agency. Any receivable and remaining funds shall be transferred to the corporation after the payment of any existing liabilities. No operating loss of any type shall be transferred to the corporation. The State Department of Corrections shall continue to manage and operate the prison industries until such industries are leased to the corporation. When leasing any prison industry program to the corporation, the corporation shall exercise a reasonable effort to employ any personnel of the State Department of Corrections who are currently involved in any prison industry program being leased to the corporation. Before the leasing of the prison industries, buildings, lands and other items mentioned herein to the corporation, the State Auditor of Public Accounts shall perform a comprehensive audit of all the items and things mentioned herein which are to be leased by the department to the corporation. The corporation may expand, eliminate, suspend or alter any of its industries as it sees fit.
  2. Any lands, buildings, equipment, furnishings, livestock, supplies and vehicles used in the department’s farming operations which were leased or transferred to the nonprofit corporation under subsection (1) shall be transferred to the department. Any personnel in the department’s farming operations employed by the nonprofit corporation who desire to be reassigned to the department and who are under state service may be reassigned to the department.
  3. The department is not required to lease land, buildings, equipment, furnishings or other chattel used in its prison agricultural enterprises.

HISTORY: Laws, 1990, ch. 534, § 7; Laws, 1992, ch. 506 § 9; reenacted without change, Laws, 1996, ch. 547, § 16; Laws, 2001, ch. 434, § 1, eff from and after Mar. 14, 2001.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Cross References —

Department of Finance and Administration, see §27-104-1.

Department of Corrections, see §47-5-8.

Prison agricultural enterprises, see §§47-5-351 et seq.

§ 47-5-545. Procedures for establishing new prison industries.

Except as otherwise specifically provided by law, after the commissioning and implementation of a marketing feasibility study for any proposed new prison industry, the corporation may establish such prison industry. Before any new industry is established, the corporation shall hold a hearing to determine the impact such industry may have on the private sector market. The corporation shall provide adequate and advance notice regarding the nature, time, date and place of such hearing. After the hearing which is required under this section, the corporation may commence negotiations with the State Department of Corrections, with the Secretary of State, or his designee, serving as a mediator, regarding the leasing of land and other chattels for the purpose of establishing any new industry.

HISTORY: Laws, 1990, ch. 534, § 8; reenacted and amended, Laws, 1996, ch. 547, § 17, eff from and after passage (approved April 13, 1996).

Cross References —

Secretary of State, see §7-3-5.

Department of Corrections, see §47-5-8.

§ 47-5-547. 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 the Mississippi Delta Community College, any training or auxiliary program for existing prison industries or for any industries which the corporation might create. Mississippi Delta Community College shall provide assistance in business planning, marketing and analysis of existing or projected industries. These industrial services shall be contracted with appropriate community colleges when these industries are developed at other correction sites.

HISTORY: Laws, 1990, ch. 534, § 9; reenacted and amended, Laws, 1996, ch. 547, § 18, eff from and after passage (approved April 13, 1996).

§ 47-5-549. 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.

HISTORY: Laws, 1990, ch. 534, § 10; reenacted without change, Laws, 1996, ch. 547, § 19, eff from and after passage (approved April 13, 1996).

Cross References —

Penitentiary-made Goods Law of 1978, see §§47-5-301 et seq.

§ 47-5-551. 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.

HISTORY: Laws, 1990, ch. 534, § 11; reenacted without change, Laws, 1996, ch. 547, § 20, eff from and after passage (approved April 13, 1996).

§ 47-5-553. 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.

HISTORY: Laws, 1990, ch. 534, § 12; reenacted without change, Laws, 1996, ch. 547, § 21; Laws, 2007, ch. 421, § 1, eff from and after July 1, 2007.

Amendment Notes —

The 2007 amendment rewrote the section.

§ 47-5-555. 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.

HISTORY: Laws, 1990, ch. 534, § 13; reenacted without change, Laws, 1996, ch. 547, § 22, eff from and after passage (approved April 13, 1996).

RESEARCH REFERENCES

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions §§ 22, 176-180.

§ 47-5-557. 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.

HISTORY: Laws, 1990, ch. 534, § 14; reenacted without change, Laws, 1996, ch. 547, § 23; Laws, 2001, ch. 434, § 2, eff from and after Mar. 14, 2001.

Editor’s Notes —

This section was reenacted without change by Laws of 1995, ch. 547, § 23, eff from and after passage (approved April 13, 1996).

Cross References —

Employment of offenders within the custody of the department or prison industries through the Prison Industry Enhancement Program, see §47-5-1251.

§ 47-5-559. 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 non-inmate 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 Penitentiary Committee, Senate Finance Committee, and House Ways and Means Committee.

HISTORY: Laws, 1990, ch. 534, § 15; reenacted without change, Laws, 1996, ch. 547, § 24, eff from and after passage (approved April 13, 1996).

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

§ 47-5-561. 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.

HISTORY: Laws, 1990, ch. 534, § 16; reenacted without change, Laws, 1996, ch. 547, § 25, eff from and after passage (approved April 13, 1996).

§ 47-5-563. 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.

HISTORY: Laws, 1990, ch. 534, § 17; reenacted without change, Laws, 1996, ch. 547, § 26, eff from and after passage (approved April 13, 1996).

§ 47-5-565. 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.

HISTORY: Laws, 1990, ch. 534, § 18; reenacted without change, Laws, 1996, ch. 547, § 27, eff from and after passage (approved April 13, 1996).

Cross References —

Prison Industries Fund, see §47-5-66.

§ 47-5-567. 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.

HISTORY: Laws, 1990, ch. 534, § 19; reenacted and amended, Laws, 1996, ch. 547, § 28, eff from and after passage (approved April 13, 1996).

Editor’s Notes —

Section 71-3-1 provides that the words “workmen’s compensation” shall mean “workers’ compensation” wherever they appear in the code.

§ 47-5-569. 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.

HISTORY: Laws, 1990, ch. 534, § 20; Laws, 1992, ch. 506, § 10; reenacted and amended, Laws, 1996, ch. 547, § 29, eff from and after passage (approved April 13, 1996).

Cross References —

Public Procurement Review Board, see §27-104-7.

Department of Corrections, see §47-5-8.

§ 47-5-571. 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.

HISTORY: Laws, 1990, ch. 534, § 21; reenacted and amended, Laws, 1996, ch. 547, § 30, eff from and after passage (approved April 13, 1996).

§ 47-5-572. Repealed.

Repealed by its own terms, effective July 1, 2011.

§47-5-572. [Laws, 2004, ch. 502, § 1; Laws, 2007, ch. 352, § 1, eff from and after passage (approved Mar. 15, 2007.)]

Editor’s Notes —

Former §47-5-572 prohibited private correctional facilities from importing goods made by inmates in another state.

§ 47-5-573. 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:
    1. Skills of the inmate relevant to the corporation’s industries;
    2. Security classification of the inmate relevant to the type of corporation’s industry;
    3. Duration of availability of the inmate for employment by the corporation;
    4. Establishment of a concept of potentially rehabilitative inmate.

HISTORY: Laws, 1990, ch. 534, § 22; reenacted without change, Laws, 1996, ch. 547, § 31, eff from and after passage (approved April 13, 1996).

Cross References —

Department of Corrections, see §47-5-8.

§ 47-5-575. 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.

HISTORY: Laws, 1990, ch. 534, § 23; reenacted without change, Laws, 1996, ch. 547, § 32, eff from and after passage (approved April 13, 1996).

Cross References —

Public Records Act of 1983, see §25-61-1 et seq.

§ 47-5-577. Repealed.

Repealed by Laws of 1996, ch. 547, § 33, eff from and after passage (approved April 13, 1996).

[Laws, 1990, ch. 534, § 29; Laws, 1994, ch. 511, § 1; Laws, 1995, ch. 403, § 1]

Editor’s Notes —

Former §47-5-577 was entitled: Repeal of Sections47-5-531 through47-5-575.

Drug Identification Program

§ 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.

HISTORY: Laws, 1983, ch. 435, § 1, eff from and after passage (approved March 30, 1983).

Cross References —

Applicability of this section to a child placed on probation, see §43-21-159.

Parole eligibility conditioned on submitting to chemical analysis test to detect presence of alcohol or controlled substance, see §47-7-17.

Power of department of corrections to make rules requiring a parolee to submit to a chemical analysis test to detect presence of alcohol or controlled substance, see §47-7-17.

Probation on earned probation eligibility conditioned on probationer submitting to chemical analysis test to detect presence of alcohol or controlled substance, see §§47-7-35,47-7-47.

RESEARCH REFERENCES

ALR.

Admissibility under state law of hospital record relating to intoxication or sobriety of patient. 80 A.L.R.3d 456.

Driving while intoxicated: duty of law enforcement officer to offer suspect chemical sobriety test under implied consent law. 95 A.L.R.3d 710.

Necessity and sufficiency of proof that tests of blood alcohol concentration were conducted in conformance with prescribed methods. 96 A.L.R.3d 745.

Request before submitting to chemical sobriety test to communicate with counsel as refusal to take test. 97 A.L.R.3d 852.

Propriety of requirement, as condition of probation, that defendant refrain from use of intoxicants. 19 A.L.R.4th 1251.

Propriety, as condition of probation granted pursuant to 18 USCS § 3651, of requiring that probationer refrain from consumption of alcoholic beverages. 37 A.L.R. Fed. 843.

Propriety of imposing special parole term as part of sentence, under 21 USCS § 846, for a conspiracy to violate Comprehensive Drug Abuse Prevention and Control Act of 1970. 48 A.L.R. Fed. 767.

Am. Jur.

59 Am. Jur. 2d, Pardon and Parole §§ 66, 67 et seq.

CJS.

67A C.J.S., Pardon and Parole §§ 38-43, 59, 60, 62.

§ 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.

HISTORY: Laws, 1983, ch. 435, § 2; Laws, 1991, ch. 437 § 1; Laws, 1998, ch. 314, § 1, eff from and after July 1, 1998.

RESEARCH REFERENCES

ALR.

Admissibility under state law of hospital record relating to intoxication or sobriety of patient. 80 A.L.R.3d 456.

Driving while intoxicated: duty of law enforcement officer to offer suspect chemical sobriety test under implied consent law. 95 A.L.R.3d 710.

Necessity and sufficiency of proof that tests of blood alcohol concentration were conducted in conformance with prescribed methods. 96 A.L.R.3d 745.

Request before submitting to chemical sobriety test to communicate with counsel as refusal to take test. 97 A.L.R.3d 852.

Propriety of requirement, as condition of probation, that defendant refrain from use of intoxicants. 19 A.L.R.4th 1251.

Right of indigent defendant in state criminal case to assistance of chemist, toxicologist, technician, narcotics expert, or similar nonmedical specialist in substance analysis. 74 A.L.R.4th 388.

Propriety, as condition of probation granted pursuant to 18 USCS § 3651, of requiring that probationer refrain from consumption of alcoholic beverages. 37 A.L.R. Fed. 843.

Propriety of imposing special parole term as part of sentence, under 21 USCS § 846, for a conspiracy to violate Comprehensive Drug Abuse Prevention and Control Act of 1970. 48 A.L.R. Fed. 767.

Am. Jur.

59 Am. Jur. 2d, Pardon and Parole §§ 64 et seq.

CJS.

67A C.J.S., Pardon and Parole §§ 38-43, 59, 60, 62.

§ 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.

HISTORY: Laws, 1983, ch. 435, § 3, eff from and after passage (approved March 30, 1983).

RESEARCH REFERENCES

ALR.

Admissibility under state law of hospital record relating to intoxication or sobriety of patient. 80 A.L.R.3d 456.

Driving while intoxicated: duty of law enforcement officer to offer suspect chemical sobriety test under implied consent law. 95 A.L.R.3d 710.

Necessity and sufficiency of proof that tests of blood alcohol concentration were conducted in conformance with prescribed methods. 96 A.L.R.3d 745.

Request before submitting to chemical sobriety test to communicate with counsel as refusal to take test. 97 A.L.R.3d 852.

Propriety of requirement, as condition of probation, that defendant refrain from use of intoxicants. 19 A.L.R.4th 1251.

Right of indigent defendant in state criminal case to assistance of chemist, toxicologist, technician, narcotics expert, or similar nonmedical specialist in substance analysis. 74 A.L.R.4th 388.

Propriety, as condition of probation granted pursuant to 18 USCS § 3651, of requiring that probationer refrain from consumption of alcoholic beverages. 37 A.L.R. Fed. 843.

Propriety of imposing special parole term as part of sentence, under 21 USCS § 846, for a conspiracy to violate Comprehensive Drug Abuse Prevention and Control Act of 1970. 48 A.L.R. Fed. 767.

Am. Jur.

59 Am. Jur. 2d, Pardon and Parole §§ 66, 67 et seq.

CJS.

67A C.J.S., Pardon and Parole §§ 38-43, 59, 60, 62.

Prison Overcrowding Emergency Powers Act

§ 47-5-701. Short title [Repealed effective July 1, 2022].

Sections 47-5-701 through 47-5-729 shall be known and may be cited as the “Prison Overcrowding Emergency Powers Act.”

HISTORY: 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; reenacted without change, Laws, 2014, ch. 316, § 1, eff from and after passage (approved Mar. 12, 2014); reenacted without change, Laws, 2018, ch. 406, § 1, eff from and after July 1, 2018.

Editor’s Notes —

For repeal date of this section, see §47-5-731.

This section was reenacted without change by Laws of 2018, ch. 406, § 1, effective from and after July 1, 2018. Since the language of the section as it appears in the main volume is unaffected by the reenactment, it is not reprinted in this supplement.

Section 47-5-731, which is the repealer for this section, was amended by § 1, Chapter 336, Laws of 2018, to extend the date of the repealer to July 1, 2020. The section heading is set out above to reflect the amended postponed repeal date. Since the section text as it appears in the bound volume is unaffected by the amendment of the repeal date, it is not reprinted in this supplement.

Amendment Notes —

The 2002 amendment reenacted the section without change.

The 2005 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2008 amendment reenacted the section without change.

The 2012 amendment reenacted the section without change.

The 2014 amendment reenacted the section without change.

The 2018 amendment reenacted the section without change.

Cross References —

Applicability of general conditions of parole to advancement of parole eligibility dates under Prison Overcrowding Emergency Powers Act, see §47-7-3.

RESEARCH REFERENCES

ALR.

Conditions relating to placement of more than one prisoner per cell as violation of inmates’ federal constitutional rights. 85 A.L.R. Fed. 308.

Propriety and construction of “totality of conditions” analysis in federal court’s consideration of Eighth Amendment challenge to prison conditions. 85 A.L.R. Fed. 750.

Am. Jur.

60 Am. Jur. 2d, Penal and Correctional Institutions § 44.5.

§ 47-5-703. Definitions [Repealed effective July 1, 2022].

For the purposes of Sections 47-5-701 through 47-5-729 the following words shall have the meaning ascribed herein unless the context shall otherwise require:

“Inmate” means every person who at the time of the declaration of a prison system overcrowding state of emergency, or at any time during the continuation of a state of emergency, is incarcerated by the Mississippi Department of Corrections as a result of a commitment to the department, including persons committed to the department and incarcerated in local or county jails or other facilities authorized to house state inmates.

“Operating capacity” means the total number of state inmates which can be safely and reasonably housed in facilities operated by the Department of Corrections and in local or county jails or other facilities authorized to house state inmates as certified by the department, subject to applicable federal and state laws and rules and regulations.

“Parole eligibility date” means the date on which an inmate becomes eligible for release by parole under the provisions of Section 47-7-3, Mississippi Code of 1972. For the purposes of Sections 47-5-701 through 47-5-729, an inmate with a sentence of one (1) year shall be deemed to have a parole eligibility date which shall be the last day of his sentence.

“Prison” means any correctional facility operated by the Mississippi Department of Corrections.

“Prison system” means the prisons operated by the Mississippi Department of Corrections and those local or county jails or other facilities authorized to house state inmates.

“Prison system population” means the total number of state inmates housed in the prisons operated by the Mississippi Department of Corrections and in those local or county jails or other facilities authorized to house state inmates.

“Qualified inmate” means inmates who are not incarcerated for convictions of murder, kidnapping, arson, armed robbery, rape, sexual offenses or any offense involving the use of a deadly weapon and who are within that number of days of their parole eligibility date at the time of the declaration of the state of emergency as is specified to be conditionally advanced under the declaration of the state of emergency. An inmate sentenced as an habitual offender shall not be considered a “qualified inmate.”

“State of emergency” means a prison system overcrowding state of emergency as provided in Section 47-5-711.

HISTORY: Laws, 1985, ch. 499, § 2; reenacted, Laws, 1986, ch. 413, § 128; reenacted, Laws, 1987, ch. 335, § 2; reenacted and amended, Laws, 1988, ch. 504, § 45; reenacted, Laws, 1990, ch. 315, § 2; reenacted, Laws, 1993, ch. 419, § 2; reenacted without change, Laws, 1999, ch. 537, § 2; reenacted without change, Laws, 2001, ch. 411, § 2; reenacted without change, Laws, 2002, ch. 615, § 2; reenacted without change, Laws, 2005, ch. 519, § 2; reenacted without change, Laws, 2006, ch. 395, § 2; reenacted without change, Laws, 2008, ch. 322, § 2; reenacted without change, Laws, 2012, ch. 322, § 2; reenacted without change, Laws, 2014, ch. 316, § 2, eff from and after passage (approved Mar. 12, 2014); reenacted without change, Laws, 2018, ch. 406, § 2, eff from and after July 1, 2018.

Editor’s Notes —

For repeal date of this section, see §47-5-731.

Section 47-5-731, which is the repealer for this section, was amended by § 1, Chapter 336, Laws of 2018, to extend the date of the repealer to July 1, 2020. The section heading is set out above to reflect the amended postponed repeal date. Since the section text as it appears in the bound volume is unaffected by the amendment of the repeal date, it is not reprinted in this supplement.

Amendment Notes —

The 2002 amendment reenacted the section without change.

The 2005 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2008 amendment reenacted the section without change.

The 2012 amendment reenacted the section without change.

The 2014 amendment reenacted the section without change.

The 2018 amendment reenacted the section without change.

Cross References —

Applicability of general conditions of parole to advancement of parole eligibility dates under Prison Overcrowding Emergency Powers Act, see §47-7-3.

§ 47-5-705. Requirements for declaration of state of emergency [Repealed effective July 1, 2022].

The requirements for the declaration of a prison system overcrowding state of emergency are as follows:

Prison system population in excess of ninety-five percent (95%) of the prison system operating capacity for at least thirty (30) consecutive days immediately preceding the declaration of a state of emergency;

Full appropriate utilization by the Mississippi Department of Corrections of powers which tend either to reduce prison system population or expand operating capacity. Such powers include, but are not limited to, earned time allowances as specified in Sections 47-5-138 and 47-5-139, Mississippi Code of 1972, review of offenders for purposes of reclassification, reevaluation of persons eligible for consideration for work release, supervised earned release or other release programs authorized by law and arrangements for housing inmates of the Department of Corrections in local or county jails or other facilities authorized to house state inmates; and

Full appropriate utilization by the State Parole Board of those powers which tend to reduce the prison system population. Such powers include, but are not limited to, parole as provided in Section 47-7-3, Mississippi Code of 1972, the review of inmates who have had their parole revoked and the reevaluation of inmates previously denied parole.

HISTORY: 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; reenacted without change, Laws, 2014, ch. 316, § 3, eff from and after passage (approved Mar. 12, 2014); reenacted without change, Laws, 2018, ch. 406, § 3, eff from and after July 1, 2018.

Editor’s Notes —

For repeal date of this section, see §47-5-731.

Section 47-5-731, which is the repealer for this section, was amended by § 1, Chapter 336, Laws of 2018, to extend the date of the repealer to July 1, 2020. The section heading is set out above to reflect the amended postponed repeal date. Since the section text as it appears in the bound volume is unaffected by the amendment of the repeal date, it is not reprinted in this supplement.

Amendment Notes —

The 2002 amendment reenacted the section without change.

The 2005 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2008 amendment reenacted and amended the section by making minor stylistic changes throughout.

The 2012 amendment reenacted the section without change.

The 2014 amendment reenacted the section without change.

The 2018 amendment reenacted the section without change.

Cross References —

30-day report by State Parole Board, including evaluation of utilization of powers which tend to reduce the prison system population, see §47-5-709.

Determination by Governor as to existence of conditions for declaration of state of emergency, see §47-5-711.

Applicability of general conditions of parole to advancement of parole eligibility dates under Prison Overcrowding Emergency Powers Act, see §47-7-3.

RESEARCH REFERENCES

Am. Jur.

24 Am. Jur. Proof of Facts 3d 467, Proof of Unconstitutional Prison Conditions.

§ 47-5-707. Notice of overcrowded prison conditions; thirty-day report of overcrowded prison conditions [Repealed effective July 1, 2022].

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.

HISTORY: 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; reenacted without change, Laws, 2014, ch. 316, § 4, eff from and after passage (approved Mar. 12, 2014); reenacted without change, Laws, 2018, ch. 406, § 4, from and after July 1, 2018.

Editor’s Notes —

For repeal date of this section, see §47-5-731.

Section 47-5-731, which is the repealer for this section, was amended by § 1, Chapter 336, Laws of 2018, to extend the date of the repealer to July 1, 2020. The section heading is set out above to reflect the amended postponed repeal date. Since the section text as it appears in the bound volume is unaffected by the amendment of the repeal date, it is not reprinted in this supplement.

Amendment Notes —

The 2002 amendment reenacted the section without change.

The 2005 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2008 amendment reenacted the section without change.

The 2012 amendment reenacted the section without change.

The 2014 amendment reenacted the section without change.

The 2018 amendment reenacted the section without change.

Cross References —

Termination of action if the Governor has not exercised his powers within 14 days after receipt of the reports specified in this section and §47-5-709, see §47-5-711.

60-day report of overcrowded prison conditions, see §47-5-717.

Applicability of general conditions of parole to advancement of parole eligibility dates under Prison Overcrowding Emergency Powers Act, see §47-7-3.

§ 47-5-709. Thirty-day report by State Parole Board [Repealed effective July 1, 2022].

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.

HISTORY: 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; reenacted without change, Laws, 2014, ch. 316, § 5, eff from and after passage (approved Mar. 12, 2014); reenacted without change, Laws, 2018, ch. 406, § 5, eff from and after July 1, 2018.

Editor’s Notes —

For repeal date of this section, see §47-5-731.

Amendment Notes —

The 2002 amendment reenacted the section without change.

The 2005 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2008 amendment reenacted the section without change.

The 2012 amendment reenacted the section without change.

The 2014 amendment reenacted the section without change.

The 2018 amendment reenacted the section without change.

Cross References —

Termination of action if the Governor has not exercised his powers within 14 days after receipt of the reports specified in this section and §47-5-707, see §47-5-711.

Applicability of general conditions of parole to advancement of parole eligibility dates under Prison Overcrowding Emergency Powers Act, see §47-7-3.

§ 47-5-711. Powers of Governor upon receipt of reports [Repealed effective July 1, 2022].

Upon receipt of the report from the Commissioner of Corrections and the report of the State Parole Board, the Governor has the power to:

Determine to be in error the determination that there had been full appropriate exercise of powers which tends to reduce prison population, in which case no state of emergency shall commence;

Determine that commencement of a state of emergency would be injurious to the public good, or raises the potential of threatening the safety of the public in the state as a whole or in a particular community, in which case no state of emergency shall commence; or

Determine that the reports establish the existence of the conditions for a declaration of a prison system overcrowding state of emergency as described in Section 47-5-705 and declare a state of emergency, specifying an amount of advancement of parole eligibility dates from thirty (30) to ninety (90) days.

If fourteen (14) days after the receipt of the reports to the Governor pursuant to Sections 47-5-707 and 47-5-709 the Governor has not exercised any of the powers specified in paragraphs (a), (b) and (c) of this section, action under Sections 47-5-701 through 47-5-729 is considered terminated.

If the Governor exercises a power under paragraph (a) or (b) of this section, he shall state the reasons for the exercise of such power in the notification of his action to the Commissioner of Corrections and the State Parole Board.

HISTORY: 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; reenacted without change, Laws, 2014, ch. 316, § 6, eff from and after July 1, 2018; reenacted without change, Laws 2018, ch. 406 § 6, eff from and after July 1, 2018.

Editor’s Notes —

For repeal date of this section, see §47-5-731.

Section 47-5-731, which is the repealer for this section, was amended by § 1, Chapter 336, Laws of 2018, to extend the date of the repealer to July 1, 2020. The section heading is set out above to reflect the amended postponed repeal date. Since the section text as it appears in the bound volume is unaffected by the amendment of the repeal date, it is not reprinted in this supplement.

Amendment Notes —

The 2002 amendment reenacted the section without change.

The 2005 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2008 amendment reenacted and amended the section by substituting “paragraph (a) or (b)” for “paragraphs (a) or (b)” in the last paragraph.

The 2012 amendment reenacted the section without change.

The 2014 amendment reenacted the section without change.

The 2018 amendment reenacted the section without change.

Cross References —

Applicability of general conditions of parole to advancement of parole eligibility dates under Prison Overcrowding Emergency Powers Act, see §47-7-3.

§ 47-5-713. Advancement of parole eligibility dates during state of emergency [Repealed effective July 1, 2022].

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.

HISTORY: 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; reenacted without change, Laws, 2014, ch. 316, § 7, eff from and after passage (approved Mar. 12, 2014); reenacted without change, Laws, 2018, ch. 406, § 7, eff from and after July 1, 2018.

Editor’s Notes —

For repeal date of this section, see §47-5-731.

Section 47-5-731, which is the repealer for this section, was amended by § 1, Chapter 336, Laws of 2018, to extend the date of the repealer to July 1, 2020. The section heading is set out above to reflect the amended postponed repeal date. Since the section text as it appears in the bound volume is unaffected by the amendment of the repeal date, it is not reprinted in this supplement.

Amendment Notes —

The 2002 amendment reenacted the section without change.

The 2005 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2008 amendment reenacted the section without change.

The 2012 amendment reenacted the section without change.

The 2014 amendment reenacted the section without change.

The 2018 amendment reenacted the section without change.

Cross References —

Applicability of general conditions of parole to advancement of parole eligibility dates under Prison Overcrowding Emergency Powers Act, see §47-7-3.

§ 47-5-715. Weekly certification of population figures during state of emergency; termination of state of emergency [Repealed effective July 1, 2022].

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.

HISTORY: 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; reenacted without change, Laws, 2014, ch. 316, § 8, eff from and after passage (approved Mar. 12, 2014); reenacted without change, Laws, 2018, ch. 406, § 8, eff from and after July 1, 2018.

Editor’s Notes —

For repeal date of this section, see §47-5-731.

Section 47-5-731, which is the repealer for this section, was amended by § 1, Chapter 336, Laws of 2018, to extend the date of the repealer to July 1, 2020. The section heading is set out above to reflect the amended postponed repeal date. Since the section text as it appears in the bound volume is unaffected by the amendment of the repeal date, it is not reprinted in this supplement.

Amendment Notes —

The 2002 amendment reenacted the section without change.

The 2005 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2008 amendment reenacted the section without change.

The 2012 amendment reenacted the section without change.

The 2014 amendment reenacted the section without change.

The 2018 amendment reenacted the section without change.

Cross References —

Applicability of general conditions of parole to advancement of parole eligibility dates under Prison Overcrowding Emergency Powers Act, see §47-7-3.

§ 47-5-717. Sixty-day report of overcrowded prison conditions [Repealed effective July 1, 2022].

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.

HISTORY: 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; reenacted without change, Laws, 2014, ch. 316, § 9, eff from and after passage (approved Mar. 12, 2014); reenacted without change, Laws, 2018, ch. 406, § 9, eff from and after July 1, 2018.

Editor’s Notes —

For repeal date of this section, see §47-5-731.

Section 47-5-731, which is the repealer for this section, was amended by § 1, Chapter 336, Laws of 2018, to extend the date of the repealer to July 1, 2020. The section heading is set out above to reflect the amended postponed repeal date. Since the section text as it appears in the bound volume is unaffected by the amendment of the repeal date, it is not reprinted in this supplement.

Amendment Notes —

The 2002 amendment reenacted the section without change.

The 2005 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2008 amendment reenacted the section without change.

The 2012 amendment reenacted the section without change.

The 2014 amendment reenacted the section without change.

The 2018 amendment reenacted the section without change.

Cross References —

30-day report of overcrowded prison conditions, see §47-5-707.

Options of the Governor upon receipt of the report specified in this section, see §47-5-719.

Applicability of general conditions of parole to advancement of parole eligibility dates under Prison Overcrowding Emergency Powers Act, see §47-7-3.

§ 47-5-719. Powers of Governor upon receipt of report [Repealed effective July 1, 2022].

Upon receipt of the report from the Commissioner of Corrections as provided in Section 47-5-717, the Governor has the power to:

Determine to be in error any conclusion of the Commissioner of Corrections that an additional advancement of the parole eligibility dates is necessary in order for the prison system population to be reduced to ninety-five percent (95%) of operating capacity, in which case no additional advancements of the parole eligibility dates shall occur;

Determine that the ordering of additional advancements of the parole eligibility dates would be injurious to the public good or raises the potential of threatening the safety of the public in the state as a whole or in a particular community, in which case no additional advancement of parole eligibility dates shall occur; or

Determine that an additional advancement of the parole eligibility dates is necessary in order for the prison system population to be reduced to ninety-five percent (95%) of operating capacity and order additional advancements specifying the amount of additional advancements, which shall be at least thirty (30) and not more than ninety (90) days.

If fourteen (14) days after the receipt of the report to the Governor pursuant to Section 47-5-717 including a determination of the Commissioner of Corrections that an additional advancement of the parole eligibility dates is not necessary in order for the prison system population to be reduced to ninety-five percent (95%) of operating capacity the Governor has not exercised the power provided in paragraph (c) of this section, action initiated under Section 47-5-717 is considered terminated.

If the Governor exercises a power provided under paragraph (a) or (b) of this section, he shall state the reasons for the exercise of such power in the notification of his action to the Commissioner of Corrections and the State Parole Board.

If the Governor orders additional advancements of the parole eligibility dates under this section, the amount of advancement of the parole eligibility dates must be as ordered by the Governor.

HISTORY: Laws, 1985, ch. 499, § 10; reenacted, Laws, 1986, ch. 413, § 136; reenacted, Laws, 1987, ch. 335, § 10; reenacted and amended, Laws, 1988, ch. 504, § 53; reenacted, Laws, 1990, ch. 315, § 10; reenacted, Laws, 1993, ch. 419, § 10; reenacted without change, Laws, 1999, ch. 537, § 10; reenacted without change, Laws, 2001, ch. 411, § 10; reenacted without change, Laws, 2002, ch. 615, § 10; reenacted without change, Laws, 2005, ch. 519, § 10; reenacted without change, Laws, 2006, ch. 395, § 10; reenacted and amended, Laws, 2008, ch. 322, § 10; reenacted without change Laws, 2012, ch. 322, § 10; reenacted without change, Laws, 2014, ch. 316, § 10, eff from and after passage (approved Mar. 12, 2014); reenacted without change, Laws, 2018, ch. 406, § 10, eff from and after July 1, 2018.

Editor’s Notes —

For repeal date of this section, see §47-5-731.

Section 47-5-731, which is the repealer for this section, was amended by § 1, Chapter 336, Laws of 2018, to extend the date of the repealer to July 1, 2020. The section heading is set out above to reflect the amended postponed repeal date. Since the section text as it appears in the bound volume is unaffected by the amendment of the repeal date, it is not reprinted in this supplement.

Amendment Notes —

The 2002 amendment reenacted the section without change.

The 2005 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2008 amendment reenacted and amended the section by substituting “paragraph (a) or (b)” for “paragraphs (a) or (b)” and making a minor stylistic change in the next-to-last paragraph.

The 2012 amendment reenacted the section without change.

The 2014 amendment reenacted the section without change.

The 2018 amendment reenacted the section without change.

Cross References —

Applicability of general conditions of parole to advancement of parole eligibility dates under Prison Overcrowding Emergency Powers Act, see §47-7-3.

§ 47-5-721. Termination of state of emergency by order of Governor [Repealed effective July 1, 2022].

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.

HISTORY: 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; reenacted without change, Laws, 2014, ch. 316, § 11, eff from and after passage (approved Mar. 12, 2014); reenacted without change, Laws, 2018, ch. 406, § 11, eff from and after July 1, 2018.

Editor’s Notes —

For repeal date of this section, see §47-5-731.

Sections 47-5-701 through 47-5-731 were repealed by operation of law on July 1, 2004.

Section 47-5-731, which is the repealer for this section, was amended by § 1, Chapter 336, Laws of 2018, to extend the date of the repealer to July 1, 2020. The section heading is set out above to reflect the amended postponed repeal date. Since the section text as it appears in the bound volume is unaffected by the amendment of the repeal date, it is not reprinted in this supplement.

Amendment Notes —

The 2002 amendment reenacted the section without change.

The 2005 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2008 amendment reenacted the section without change.

The 2012 amendment reenacted the section without change.

The 2014 amendment reenacted the section without change.

The 2018 amendment reenacted the section without change.

Cross References —

Applicability of general conditions of parole to advancement of parole eligibility dates under Prison Overcrowding Emergency Powers Act, see §47-7-3.

§ 47-5-723. Revocation of conditional advancement of parole eligibility date [Repealed effective July 1, 2022].

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.

HISTORY: 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; reenacted without change, Laws, 2014, ch. 316, § 12, eff from and after passage (approved Mar. 12, 2014); reenacted without change, Laws, 2018, ch. 406, § 12, eff from and after July 1, 2018.

Editor’s Notes —

For repeal date of this section, see §47-5-731.

Section 47-5-731, which is the repealer for this section, was amended by § 1, Chapter 336, Laws of 2018, to extend the date of the repealer to July 1, 2020. The section heading is set out above to reflect the amended postponed repeal date. Since the section text as it appears in the bound volume is unaffected by the amendment of the repeal date, it is not reprinted in this supplement.

Amendment Notes —

The 2002 amendment reenacted the section without change.

The 2005 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2008 amendment reenacted the section without change.

The 2012 amendment reenacted the section without change.

The 2014 amendment reenacted the section without change.

The 2018 amendment reenacted the section without change.

Cross References —

Applicability of general conditions of parole to advancement of parole eligibility dates under Prison Overcrowding Emergency Powers Act, see §47-7-3.

§ 47-5-725. Conditions of advancement of parole eligibility date [Repealed effective July 1, 2022].

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.

HISTORY: 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; reenacted without change, Laws, 2014, ch. 316, § 13, eff from and after passage (approved Mar. 12, 2014); reenacted without change, Laws, 2018, ch. 406, § 13, eff from and after July 1, 2018.

Editor’s Notes —

For repeal date of this section, see §47-5-731.

Section 47-5-731, which is the repealer for this section, was amended by § 1, Chapter 336, Laws of 2018, to extend the date of the repealer to July 1, 2020. The section heading is set out above to reflect the amended postponed repeal date. Since the section text as it appears in the bound volume is unaffected by the amendment of the repeal date, it is not reprinted in this supplement.

Amendment Notes —

The 2002 amendment reenacted the section without change.

The 2005 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2008 amendment reenacted the section without change.

The 2012 amendment reenacted the section without change.

The 2014 amendment reenacted the section without change.

The 2018 amendment reenacted the section without change.

Cross References —

Applicability of general conditions of parole to advancement of parole eligibility dates under Prison Overcrowding Emergency Powers Act, see §47-7-3.

RESEARCH REFERENCES

ALR.

The propriety of conditioning parole on defendant’s not entering specified geographical area. 54 A.L.R.5th 743.

§ 47-5-727. Advancement of parole eligibility date to be independent of other adjustments [Repealed effective July 1, 2022].

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.

HISTORY: 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; reenacted without change, Laws, 2014, ch. 316, § 14, eff from and after passage (approved Mar. 12, 2014); reenacted without change, Laws, 2018, ch. 406, § 14, eff from and after July 1, 2018.

Editor’s Notes —

For repeal date of this section, see §47-5-731.

Section 47-5-731, which is the repealer for this section, was amended by § 1, Chapter 336, Laws of 2018, to extend the date of the repealer to July 1, 2020. The section heading is set out above to reflect the amended postponed repeal date. Since the section text as it appears in the bound volume is unaffected by the amendment of the repeal date, it is not reprinted in this supplement.

Amendment Notes —

The 2005 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2008 amendment reenacted and amended the section by substituting “eligibility dates” for “eligibility date” preceding “such as advancing.”

The 2012 amendment reenacted the section without change.

The 2014 amendment reenacted the section without change.

The 2018 amendment reenacted the section without change.

Cross References —

Applicability of general conditions of parole to advancement of parole eligibility dates under Prison Overcrowding Emergency Powers Act, see §47-7-3.

§ 47-5-729. Establishment and quarterly certification or alteration of operating capacities [Repealed effective July 1, 2022].

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.

HISTORY: 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; reenacted without change, Laws, 2014, ch. 316, § 15, eff from and after passage (approved Mar. 12, 2014.); reenacted without change Laws, 2018, ch. 406, §15, eff from and after July 1, 2018; reenacted without change Laws, 2018, ch. 406, § 15, eff from and after July 1, 2018.

Editor’s Notes —

For repeal date of this section, see §47-5-731.

Amendment Notes —

The 2002 amendment reenacted the section without change.

The 2005 amendment reenacted the section without change.

The 2006 amendment reenacted the section without change.

The 2008 amendment reenacted the section without change.

The 2012 amendment reenacted the section without change.

The 2014 amendment reenacted the section without change.

The 2018 amendment reenacted the section without change.

Cross References —

Applicability of general conditions of parole to advancement of parole eligibility dates under Prison Overcrowding Emergency Powers Act, see §47-7-3.

§ 47-5-731. Repeal of Sections 47-5-701 through 47-5-729.

Sections 47-5-701 through 47-5-729, Mississippi Code of 1972, which create the Prison Overcrowding Emergency Powers Act, shall stand repealed from and after July 1, 2022.

HISTORY: 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; reenacted and amended, Laws, 2014, ch. 316, § 16, eff from and after passage (approved Mar. 12, 2014); Laws, 2018, ch. 327, § 1, eff from and after July 1, 2018; Laws, 2018, ch. 406, § 16, eff from and after July 1, 2018.

Joint Legislative Committee Note —

Section 1 of Chapter 327, Laws of 2018, effective from and after July 1, 2018 (approved March 7, 2018), amended this section. Section 16 of Chapter 406, Laws of 2018, effective from and after July 1, 2018 (approved March 21, 2018), also amended this section. As set out above, this section reflects the language of Section 16 of Chapter 406, Laws of 2018, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Amendment Notes —

The 2002 amendment extended the date of the repealer for §§47-5-701 through47-5-729 from July 1, 2002 until July 1, 2004.

The 2005 amendment reenacted and amended the section by extending the date of the repealer for §§47-5-701 through47-5-729 from “July 1, 2004” until “July 1, 2006.”

The 2006 amendment extended the date of the repealer for §§47-5-701 through47-5-729 from “July 1, 2006” until “July 1, 2008.”

The 2008 amendment extended the date of the repealer for §§47-5-701 through47-5-729 by substituting “July 1, 2012” for “July 1, 2008.”

The 2012 amendment reenacted and amended the section by extending the repealer provision from “July 1, 2012” to “July 1, 2014.”

The 2014 amendment reenacted and amended the section by extending the repealer provision from “July 1, 2014” to “July 1, 2018.”

The first 2018 amendment (ch. 327) extended the date of the repealer for §§47-5-701 through47-5-729 by substituting “July 1, 2020” for “July 1, 2018.”

The second 2018 amendment (ch. 406) extended the date of the repealer for §§47-5-701 through47-5-729 by substituting “July 1, 2022” for “July 1, 2018.”

Administrative Review Procedure

§ 47-5-801. Authority to adopt administrative review procedure.

The Department of Corrections is hereby authorized to adopt an administrative review procedure at each of its correctional facilities in compliance with 42 USCS Section 1997, the “Civil Rights of Institutionalized Persons Act,” or CRIPA, and Part 40 of Title 28, Code of Federal Regulations.

HISTORY: Laws, 1989, ch. 563, § 1, eff from and after July 1, 1989.

Federal Aspects—

Civil Rights of Institutionalized Persons Act, see 42 USCS §§ 1997 et seq.

JUDICIAL DECISIONS

1. Administrative review procedures.

Inmate’s statutory due-process rights were not violated because the inmate did not present any evidence to refute the finding of the Mississippi Department of Corrections that he made a threatening statement to another inmate, and the inmate was present at the hearing, acknowledged the allegations, and admitted the rule violation; the inmate did not request the presence of witnesses or ask to present evidence prior to his disciplinary hearing. State v. Stafford, 237 So.3d 1280, 2018 Miss. App. LEXIS 74 (Miss. Ct. App. 2018).

Remanding to the circuit court for further review would serve no purpose and would be judicially inefficient since an inmate’s claim that he was denied statutory due process had no realistic chance of success; the inmate did not request or retain counsel, nor did he request that witnesses or evidence be presented at his disciplinary hearing, and the inmate admitted that he made a threatening statement to another inmate. State v. Stafford, 237 So.3d 1280, 2018 Miss. App. LEXIS 74 (Miss. Ct. App. 2018).

Appellant’s motion for post-conviction collateral relief was properly dismissed because it was barred as a successive motion Miss. Code Ann. §99-39-23(6) (Supp. 2011), and he did not meet an exception. Rather, appellant raised issues of inmate classification that were within the administrative purview of the department of corrections under Miss. Code Ann. §§47-5-80147-5-807 (Rev. 2004) and not an issue properly brought in a post-conviction collateral relief motion. Cosner v. State, 111 So.3d 111, 2013 Miss. App. LEXIS 97 (Miss. Ct. App. 2013).

Inmate’s appeal of a judgment denying his motion to mandate parole eligibility on his life sentence pursuant to the Mississippi Uniform Post-Conviction Collateral Relief Act was dismissed under Miss. Code Ann. §47-5-803(2) because the inmate did not exhaust his administrative remedies; the Mississippi Department of Corrections (MDOC) had determined that the inmate was ineligible for parole consideration by the parole board, but the record was completely bare as to any proof that the inmate ever exhausted his administrative remedies or even voiced his grievance through the MDOC’s administrative-review procedure. Keys v. State, 67 So.3d 783, 2010 Miss. App. LEXIS 565 (Miss. Ct. App. 2010), rev'd, 67 So.3d 758, 2011 Miss. LEXIS 389 (Miss. 2011).

Because Miss. Code Ann. §47-5-1003(3) provided that reclassifying an inmate from house arrest was within the Department of Corrections’ exclusive jurisdiction, and because an inmate had not exhausted the inmate’s administrative remedies in accordance with Miss. Code Ann. §§47-5-801,47-5-803(2), the circuit court lacked jurisdiction to consider the inmate’s postconviction motion. Hollingsworth v. State, 66 So.3d 1254, 2011 Miss. App. LEXIS 438 (Miss. Ct. App. 2011).

Inmate who is uncertain about the operation of his sentence and desires clarity should pursue administrative review procedures before turning to court. Burns v. State, 933 So. 2d 329, 2006 Miss. App. LEXIS 495 (Miss. Ct. App. 2006).

§ 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.

HISTORY: Laws, 1989, ch. 563, § 2, eff from and after July 1, 1989.

Federal Aspects—

Civil Rights of Institutionalized Persons Act, see 42 USCS §§ 1997 et seq.

JUDICIAL DECISIONS

1. In general.

2. Stay of proceedings.

3. Failure to exhaust administrative remedies.

1. In general.

Circuit court erred in dismissing an inmate’s complaint for judicial review of a loss of privileges due to a rule violation report because the inmate exhausted his administrative remedies and sought judicial review within thirty days of receipt of the final decision of the Mississippi Department of Corrections; although the circuit court was presented with an incomplete record due to the inmate’s failure to file certain documentation, such failure did not preclude reversal. Willis v. Westley, 243 So.3d 805, 2018 Miss. App. LEXIS 171 (Miss. Ct. App. 2018), overruled in part, Jobe v. State, 288 So.3d 403, 2019 Miss. App. LEXIS 612 (Miss. Ct. App. 2019).

Parole eligibility did not clearly fall under the purview of administrative-review procedure. Therefore, the appellate court, in determining whether the Mississippi Department of Corrections correctly computed the date of an inmate’s parole eligibility, followed the rule that inmates could, but were not required to, use the administrative-review procedure as a way of challenging parole eligibility. Brown v. State, 230 So.3d 1069, 2017 Miss. App. LEXIS 156 (Miss. Ct. App. 2017).

Inmate’s disciplinary complaint should not have been dismissed for lack of jurisdiction because he made a timely filing after exhausting his administrative remedies, as required by Miss. Code Ann. §47-5-803 and Miss. Code Ann. §47-5-807; the circuit court did not perform its full review function when it determined the inmate’s constitutional rights were not violated. Siggers v. Epps, 962 So. 2d 78, 2007 Miss. App. LEXIS 464 (Miss. Ct. App. 2007).

Inmate’s argument that other prisoners were transferred from his custody status back to a less restrictive custody status, while he was not reclassified, was an issue which arose after reclassification, with no indication that it was properly presented for administrative relief; it was therefore not properly presented before the appellate court. Hurns v. Miss. Dep't of Corr., 878 So. 2d 223, 2004 Miss. App. LEXIS 162 (Miss. Ct. App.), cert. denied, 878 So. 2d 67, 2004 Miss. LEXIS 918 (Miss. 2004).

A defendant who wishes to challenge the revocation of his probation need not pursue the administrative remedies set out in Miss. Code Ann. §47-5-803, as only a court can continue or revoke a defendant’s probation. Rodriguez v. State, 839 So. 2d 561, 2003 Miss. App. LEXIS 131 (Miss. Ct. App. 2003).

The statute prohibits the state courts from hearing inmate complaints unless and until the prisoner exhausts the administrative review procedure. If a prisoner prematurely petitions the circuit court, the statute requires the court to stay the complaint for 90 days to allow completion of the administrative review procedure. Clary v. Lee, 763 So. 2d 921, 2000 Miss. App. LEXIS 335 (Miss. Ct. App. 2000).

2. Stay of proceedings.

Inmate could not seek judicial relief on his claim that the Mississippi Department of Corrections (MDOC) improperly calculated his earned time credit on his sentence because he failed to exhaust his administrative remedies pursuant to Miss. Code Ann. §47-5-803(2). The judicial proceedings were to be stayed for 90 days until the inmate filed a complaint with the Administrative Remedies Program of the MDOC and the Administrative Remedies Program adjudicated the complaint. Guy v. State, 915 So. 2d 508, 2005 Miss. App. LEXIS 898 (Miss. Ct. App. 2005).

Where an inmate had completed the administrative review procedure, there was no reason for the trial court to stay his complaint for 90 days. Clary v. Lee, 763 So. 2d 921, 2000 Miss. App. LEXIS 335 (Miss. Ct. App. 2000).

3. Failure to exhaust administrative remedies.

Inmate’s appeal of a judgment denying his motion to mandate parole eligibility on his life sentence pursuant to the Mississippi Uniform Post-Conviction Collateral Relief Act was dismissed under Miss. Code Ann. §47-5-803(2) because the inmate did not exhaust his administrative remedies; the Mississippi Department of Corrections (MDOC) had determined that the inmate was ineligible for parole consideration by the parole board, but the record was completely bare as to any proof that the inmate ever exhausted his administrative remedies or even voiced his grievance through the MDOC’s administrative-review procedure. Keys v. State, 67 So.3d 783, 2010 Miss. App. LEXIS 565 (Miss. Ct. App. 2010), rev'd, 67 So.3d 758, 2011 Miss. LEXIS 389 (Miss. 2011).

Because Miss. Code Ann. §47-5-1003(3) provided that reclassifying an inmate from house arrest was within the Department of Corrections’ exclusive jurisdiction, and because an inmate had not exhausted the inmate’s administrative remedies in accordance with Miss. Code Ann. §§47-5-801,47-5-803(2), the circuit court lacked jurisdiction to consider the inmate’s postconviction motion. Hollingsworth v. State, 66 So.3d 1254, 2011 Miss. App. LEXIS 438 (Miss. Ct. App. 2011).

Court of appeals was without jurisdiction to consider an inmate’s claims that a trial court erred in dismissing his petitions to show cause and clarify his sentence because there was no indication in the record that the inmate exhausted his administrative remedies on those claims; pursuant to Miss. Code Ann. ’ 47-5-803, the petitions had to be handled initially under administrative-review procedures, rather than in the courts. Walker v. State, 35 So.3d 555, 2010 Miss. App. LEXIS 167 (Miss. Ct. App. 2010).

Because there was clearly no evidence in the record showing that an inmate exhausted his administrative remedies through the Administrative Remedy Program of the Mississippi Department of Corrections (MDOC), in accordance with Miss. Code Ann. §47-5-803(2), the trial court should have stayed the proceedings for ninety days to allow time for the inmate to exhaust his administrative remedies; however, a reversal of the case would be futile because the trial court record was thorough, and the MDOC clearly provided the trial court with sufficient information to determine whether the inmate’s sentence had been properly computed. Lee v. Kelly, 34 So.3d 1203, 2010 Miss. App. LEXIS 75 (Miss. Ct. App. 2010).

Although an inmate was incarcerated outside of the state, the inmate was subject to imprisonment in Mississippi by virtue of a detainer, and therefore the trial court had jurisdiction to hear the inmate’s request for habeas corpus relief to compute the amount of time inmate had to serve on his Mississippi sentence; nevertheless, the inmate was procedurally barred from proceeding with his post-conviction relief claim until he exhausted available administrative remedies. Putnam v. Epps, 963 So. 2d 1232, 2007 Miss. App. LEXIS 421 (Miss. Ct. App.), cert. denied, 964 So. 2d 508, 2007 Miss. LEXIS 503 (Miss. 2007).

Trial court erred in denying and dismissing a habeas corpus petition on the ground that petitioner failed to exhaust administrative remedies because under Miss. Code Ann. §47-5-803(2), the trial court should have stayed the petition for 90 days so that the Mississippi DOC Administrative Remedies Program could consider and rule on petitioner’s complaint. Henley v. Epps, 958 So. 2d 1265, 2007 Miss. App. LEXIS 414 (Miss. Ct. App. 2007).

Regardless of the fact that the trial court had jurisdiction, the inmate was procedurally barred from proceeding with his post-conviction relief claim until he exhausted the administrative remedies available through the Mississippi Department of Corrections, Miss. Code Ann. §47-5-803(2). Putnam v. Epps, 2007 Miss. App. LEXIS 36 (Miss. Ct. App. Feb. 6, 2007), op. withdrawn, sub. op., 963 So. 2d 1232, 2007 Miss. App. LEXIS 421 (Miss. Ct. App. 2007).

Appellate court affirmed the denial of an inmate’s petition for post-conviction relief and his claim that he should have been released after serving seven and one-half years of his 15 year sentence; neither the appellate court nor the trial court had jurisdiction to review his sentence because the inmate had not exhausted all of his administrative remedies as required by Miss. Code Ann. §47-5-803(2). Sanders v. Miss. Dep't of Corr., 912 So. 2d 189, 2005 Miss. App. LEXIS 713 (Miss. Ct. App. 2005).

Inmate’s amended petition claiming that the points classification system of the Mississippi Department of Corrections was racially discriminatory in violation of equal protection was properly dismissed for failure to state a claim. There was no indication that the inmate went through the Administrative Remedy Program before filing suit on his equal protection/racial discrimination claim as required by Miss. Code Ann. §47-5-803(2). Adams v. Epps, 900 So. 2d 1210, 2005 Miss. App. LEXIS 145 (Miss. Ct. App.), cert. dismissed, 901 So. 2d 1273, 2005 Miss. LEXIS 291 (Miss. 2005).

§ 47-5-805. Application of procedures to pending lawsuits.

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

HISTORY: Laws, 1989, ch. 563, § 3; Laws, 1994, ch. 444, § 1, eff from and after July 1, 1994.

§ 47-5-807. Judicial review of agency decision.

Any offender who is aggrieved by an adverse decision rendered pursuant to any administrative review procedure under Sections 47-5-801 through 47-5-807 may, within thirty (30) days after receipt of the agency’s final decision, seek judicial review of the decision.

HISTORY: Laws, 1989, ch. 563, § 4, eff from and after July 1, 1989.

JUDICIAL DECISIONS

1. Construction and applicability.

2. Time for filing.

3. Right to judicial review.

4. Mailbox rule.

5. Appeal dismissed.

6. Service of process.

1. Construction and applicability.

Miss. Code Ann. §47-5-807 does not prescribe that the 30-day time limit to appeal from a final agency decision applies only to actions for damages, but rather to any action appealed from an administrative proceeding. Boler v. Bailey, 840 So. 2d 734, 2003 Miss. App. LEXIS 182 (Miss. Ct. App. 2003).

2. Time for filing.

When an inmate contested the Mississippi Department of Corrections’ (MDOC) revocation of most of inmate’s accrued trusty-time credit, the inmate’s complaint was properly dismissed because (1) the complaint had to be filed within 30 days of MDOC’s decision, and, (2) while MDOC did not prove it was filed more than 30 days after receiving MDOC’s decision dismissing the inmate’s administrative complaint contesting revocation of trusty-time credit, the record showed the inmate did not contest the original decision revoking trusty-time credit within 30 days. King v. McCarty, 196 So.3d 175, 2016 Miss. App. LEXIS 405 (Miss. Ct. App. 2016).

Prisoner’s failure to file his motion for judicial review of a decision of the Mississippi Department of Corrections denying his request for earned-time credit within the thirty days allowed by Miss. Code Ann. §47-5-807 barred his appeal. Hill v. State, 165 So.3d 495, 2015 Miss. App. LEXIS 267 (Miss. Ct. App. 2015).

Motion for judicial review under Miss. Code Ann. §47-5-807 was properly dismissed by the trial court because an inmate’s underlying claims arising out of a 17-year-old conviction were untimely filed. Hearron v. Miss. Dep't of Corr., 22 So.3d 1238, 2009 Miss. App. LEXIS 827 (Miss. Ct. App. 2009).

Prisoner’s circuit court appeal of a jail-time credit grievance was untimely since it was not filed within thirty days after receipt of the final decision of the Mississippi Department of Corrections’ Administrative Remedy Program. Stokes v. State, 984 So. 2d 1089, 2008 Miss. App. LEXIS 374 (Miss. Ct. App. 2008).

Appellate court affirmed the denial of an inmate’s petition for writ of habeas corpus relief, which was treated as a petition for post-conviction relief, as under Miss. Code Ann. §47-5-807, the inmate only had 30 days to appeal the denial of his grievance with the Mississippi Department of Corrections, and the inmate did not seek review until more than two months later. Moore v. Miss. Dep't of Corr., 936 So. 2d 941, 2005 Miss. App. LEXIS 973 (Miss. Ct. App. 2005), cert. denied, 2006 Miss. LEXIS 560 (Miss. Aug. 24, 2006).

Appellate court affirmed the denial of an inmate’s petition for post-conviction relief and his claim that he should have been released after serving seven and one-half years of his 15 year sentence; neither the appellate court nor the trial court had jurisdiction to review his sentence because the inmate had not exhausted all of his administrative remedies as required by Miss. Code Ann. §47-5-803(2) as the violations that caused him to lose earned time occurred between 1994 and 2000 and his motion for relief was not filed until 2003. Thus, the inmate did not comply with the 30-day time requirement in Miss. Code Ann. §47-5-807. Sanders v. Miss. Dep't of Corr., 912 So. 2d 189, 2005 Miss. App. LEXIS 713 (Miss. Ct. App. 2005).

Trial court determined that defendant, having failed to seek judicial review within 30 days after receipt of the appropriate final decision, did not complete the final step required for judicial review; therefore, it properly determined that the trial court lacked authority to hear defendant’s grievances on the merits. Taylor v. State, 919 So. 2d 209, 2005 Miss. App. LEXIS 420 (Miss. Ct. App. 2005).

Trial court’s denial of defendant’s petition for postconviction relief was properly denied because he had until January 31, 1999 to appeal an administrative judgment, but did not do so until September 19, 2000. Moore v. State, 897 So. 2d 997, 2004 Miss. App. LEXIS 945 (Miss. Ct. App. 2004), cert. denied, 898 So. 2d 679, 2005 Miss. LEXIS 243 (Miss. 2005).

Appellate court affirmed the trial court’s denial of postconviction relief where the inmate failed to timely file his appeal within 30 days from the final adverse decision of the Mississippi Department of Corrections Administrative Remedy Program as required by Miss. Code Ann. §47-5-807. Simmons v. Sparkman, 829 So. 2d 1289, 2002 Miss. App. LEXIS 589 (Miss. Ct. App. 2002).

Inmate’s motion to show cause was properly dismissed by the trial court where to failed to seek timely judicial review of a department of corrections’ administrative remedies program decision concerning prisoner privacy rights. The inmate failed to seek judicial review of the agency’s final decision within the 30-day time limit of Miss. Code Ann. §47-5-807. Edmond v. Anderson, 820 So. 2d 1, 2002 Miss. App. LEXIS 10 (Miss. Ct. App.), cert. denied, 537 U.S. 959, 123 S. Ct. 383, 154 L. Ed. 2d 311, 2002 U.S. LEXIS 7760 (U.S. 2002).

Defendant’s original petition was not filed until well past the allowable 30-day period; filing within the statutorily-mandated time was jurisdictional. Stanley v. Turner, 846 So. 2d 279, 2002 Miss. App. LEXIS 836 (Miss. Ct. App. 2002), cert. denied, 846 So. 2d 229, 2003 Miss. App. LEXIS 536 (Miss. Ct. App. 2003).

Defendant’s right to assert his claim through a motion for post conviction relief claiming denial of his right to due process of law because he was not afforded a hearing before being terminated from the Regimented Inmate Discipline (RID) Program was time barred under this section. Brown v. State, 752 So. 2d 464, 1999 Miss. App. LEXIS 686 (Miss. Ct. App. 1999).

3. Right to judicial review.

Circuit court erred in dismissing an inmate’s complaint for judicial review of a loss of privileges due to a rule violation report because the inmate exhausted his administrative remedies and sought judicial review within thirty days of receipt of the final decision of the Mississippi Department of Corrections; although the circuit court was presented with an incomplete record due to the inmate’s failure to file certain documentation, such failure did not preclude reversal. Willis v. Westley, 243 So.3d 805, 2018 Miss. App. LEXIS 171 (Miss. Ct. App. 2018), overruled in part, Jobe v. State, 288 So.3d 403, 2019 Miss. App. LEXIS 612 (Miss. Ct. App. 2019).

Inmate’s appeal of a judgment denying his motion to mandate parole eligibility on his life sentence pursuant to the Mississippi Uniform Post-Conviction Collateral Relief Act was dismissed under Miss. Code Ann. §47-5-803(2) because the inmate did not exhaust his administrative remedies; the Mississippi Department of Corrections (MDOC) had determined that the inmate was ineligible for parole consideration by the parole board, but the record was completely bare as to any proof that the inmate ever exhausted his administrative remedies or even voiced his grievance through the MDOC’s administrative-review procedure. Keys v. State, 67 So.3d 783, 2010 Miss. App. LEXIS 565 (Miss. Ct. App. 2010), rev'd, 67 So.3d 758, 2011 Miss. LEXIS 389 (Miss. 2011).

Because there was clearly no evidence in the record showing that an inmate exhausted his administrative remedies through the Administrative Remedy Program of the Mississippi Department of Corrections (MDOC), in accordance with Miss. Code Ann. §47-5-803(2), the trial court should have stayed the proceedings for ninety days to allow time for the inmate to exhaust his administrative remedies; however, a reversal of the case would be futile because the trial court record was thorough, and the MDOC clearly provided the trial court with sufficient information to determine whether the inmate’s sentence had been properly computed. Lee v. Kelly, 34 So.3d 1203, 2010 Miss. App. LEXIS 75 (Miss. Ct. App. 2010).

Inmate’s disciplinary complaint should not have been dismissed for lack of jurisdiction because he made a timely filing after exhausting his administrative remedies, as required by Miss. Code Ann. §47-5-803 and Miss. Code Ann. §47-5-807; the circuit court did not perform its full review function when it determined the inmate’s constitutional rights were not violated. Siggers v. Epps, 962 So. 2d 78, 2007 Miss. App. LEXIS 464 (Miss. Ct. App. 2007).

Although the inmate argued that he was placed in administrative segregation without review by a Mississippi Department of Corrections classification committee and administrative review in excess of 180 days, his assertion was not raised in an administrative review, nor brought before the circuit court, and as such was not reviewable by the appellate court. Hurns v. Miss. Dep't of Corr., 878 So. 2d 223, 2004 Miss. App. LEXIS 162 (Miss. Ct. App.), cert. denied, 878 So. 2d 67, 2004 Miss. LEXIS 918 (Miss. 2004).

A prisoner’s right to judicial review for administrative discipline under Miss. Code Ann. §47-5-807 is limited by a preceding section, Miss. Code Ann. §47-5-803, which provides that no state court shall entertain an offender’s grievance unless and until such offender shall have exhausted the remedies as provided in such procedure. Boler v. Bailey, 840 So. 2d 734, 2003 Miss. App. LEXIS 182 (Miss. Ct. App. 2003).

There was jurisdiction for a court to consider claims regarding the denial of various credits to sentences. Hill v. State, 838 So. 2d 994, 2002 Miss. App. LEXIS 637 (Miss. Ct. App. 2002).

While an inmate had no liberty interest in his prison classification, the right to review of final decisions of the classification committee was conferred by statute; thus, the circuit court had jurisdiction to review the decision of the Mississippi Department of Corrections which removed the inmate from a house arrest program and placed him in the general prison population for a rule violation. Edwards v. Booker, 796 So. 2d 991, 2001 Miss. LEXIS 185 (Miss. 2001).

4. Mailbox rule.

Inmate sought his judicial review within the thirty days required by the statute, and the circuit court had jurisdiction to consider it, because the inmate dropped his motion for judicial review in the prison mailbox within the thirty-day appeal deadline. Jobe v. State, 288 So.3d 403, 2019 Miss. App. LEXIS 612 (Miss. Ct. App. 2019).

Inmate’s complaint alleging that the prison officials failed to protect him from an assault by another inmate was timely filed under Miss. Code Ann. §47-5-807 where the inmate acknowledged receipt of the denial of his claim on March 24, the prison mail log indicated the inmate mailed “legal mail” to the circuit court clerk’s office on April 20, and that was the only mailing the inmate sent to the circuit court clerk. Clay v. Epps, 953 So. 2d 264, 2007 Miss. App. LEXIS 27 (Miss. Ct. App. 2007).

Trial court erred in dismissing inmate’s complaint as untimely as under the “prison mailbox rule,” the date on which a pro se document was deemed filed was the date the prisoner placed it in the mail, not the date it was received by a court clerk; as the prisoner’s proof of service had the document mailed as timely, but it was not received by the county clerk in a timely manner, and the prison mail log had no record of the mailing, the dismissal of the inmate’s complaint was reversed. Easley v. Roach, 879 So. 2d 1041, 2004 Miss. LEXIS 1014 (Miss. 2004).

Dismissal of the inmate’s complaint against the Mississippi Department of Corrections was improper where the mailbox rule applied to his complaint timely signed on July 5, 2001, two days prior to the 30-day deadline, Miss. Code Ann. §47-5-807. Maze v. Miss. Dep't of Corr., 854 So. 2d 1090, 2003 Miss. App. LEXIS 874 (Miss. Ct. App. 2003).

5. Appeal dismissed.

Because an inmate had been released on parole since the filing of his appeal of an order requiring Rule Violation Reports (RVRs) be expunged from his prison record, the issues were moot, and his appeal was dismissed; review of the circuit court’s finding on whether substantial evidence existed to support the inmate’s two individual RVRs, which only subjected the inmate to reclassification and loss of privileges, was not a matter of “public interest.”State v. Runnels, 281 So.3d 148, 2019 Miss. App. LEXIS 76 (Miss. Ct. App. 2019).

Because an inmate had been released on parole since the filing of his appeal of an order requiring Rule Violation Reports (RVRs) be expunged from his prison record, the issues were moot, and his appeal was dismissed; the inmate completed his punishment and fully litigated the issuance of the RVRs, and thus, there was no reasonable expectation that he could be subject to the same action RVR in the future. State v. Runnels, 281 So.3d 148, 2019 Miss. App. LEXIS 76 (Miss. Ct. App. 2019).

6. Service of process.

Inmate’s petition for review was governed by Miss. Unif. Cir. & Cty. R. 5.04 and not Miss. R. Civ. P. 4 because the petition for Administrative Remedy Program review was not a “regular civil filing” that required service of process under the rules of civil procedure; no service of process was required, and thus, the circuit court had personal jurisdiction over the Mississippi Department of Corrections to hear the inmate’s petition for review of his request for treatment. Jobe v. State, 288 So.3d 403, 2019 Miss. App. LEXIS 612 (Miss. Ct. App. 2019).

State Offenders Serving Sentences in County Jails

§ 47-5-901. Service of sentence in county jail if space unavailable in state facility; reimbursement of costs; governmental liability [Repealed effective July 1, 2020].

  1. Any person committed, sentenced or otherwise placed under the custody of the Department of Corrections, on order of the sentencing court and subject to the other conditions of this subsection, may serve all or any part of his sentence in the county jail of the county wherein such person was convicted if the Commissioner of Corrections determines that physical space is not available for confinement of such person in the state correctional institutions. Such determination shall be promptly made by the Department of Corrections upon receipt of notice of the conviction of such person. The commissioner shall certify in writing that space is not available to the sheriff or other officer having custody of the person. Any person serving his sentence in a county jail shall be classified in accordance with Section 47-5-905.
  2. If state prisoners are housed in county jails due to a lack of capacity at state correctional institutions, the Department of Corrections shall determine the cost for food and medical attention for such prisoners. The cost of feeding and housing offenders confined in such county jails shall be based on actual costs or contract price per prisoner. In order to maximize the potential use of county jail space, the Department of Corrections is encouraged to negotiate a reasonable per day cost per prisoner, which in no event may exceed Twenty Dollars ($20.00) per day per offender.
    1. Upon vouchers submitted by the board of supervisors of any county housing persons due to lack of space at state institutions, the Department of Corrections shall pay to such county, out of any available funds, the actual cost of food, or contract price per prisoner, not to exceed Twenty Dollars ($20.00) per day per offender, as determined under subsection (2) of this section for each day an offender is so confined beginning the day that the Department of Corrections receives a certified copy of the sentencing order and will terminate on the date on which the offender is released or otherwise removed from the custody of the county jail. The department, or its contracted medical provider, will pay to a provider of a medical service for any and all incarcerated persons from a correctional or detention facility an amount based upon negotiated fees as agreed to by the medical care service providers and the department and/or its contracted medical provider. In the absence of negotiated discounted fee schedule, medical care service providers will be paid by the department, or its contracted medical service provider, an amount no greater than the reimbursement rate applicable based on the Mississippi Medicaid reimbursement rate. The board of supervisors of any county shall not be liable for any cost associated with medical attention for prisoners who are pretrial detainees or for prisoners who have been convicted that exceeds the Mississippi Medicaid reimbursement rate or the reimbursement provided by the Department of Corrections, whichever is greater. This limitation applies to all medical care services, durable and nondurable goods, prescription drugs and medications. Such payment shall be placed in the county general fund and shall be expended only for food and medical attention for such persons.
    2. Upon vouchers submitted by the board of supervisors of any county housing offenders in county jails pending a probation or parole revocation hearing, the department shall pay the reimbursement costs provided in paragraph (a).
    3. If the probation or parole of an offender is revoked, the additional cost of housing the offender pending the revocation hearing shall be assessed as part of the offender’s court cost and shall be remitted to the department.
  3. A person, on order of the sentencing court, may serve not more than twenty-four (24) months of his sentence in a county jail if the person is classified in accordance with Section 47-5-905 and the county jail is an approved county jail for housing state inmates under federal court order. The sheriff of the county shall have the right to petition the Commissioner of Corrections to remove the inmate from the county jail. The county shall be reimbursed in accordance with subsection (2) of this section.
  4. The Attorney General of the State of Mississippi shall defend the employees of the Department of Corrections and officials and employees of political subdivisions against any action brought by any person who was committed to a county jail under the provisions of this section.
  5. This section does not create in the Department of Corrections, or its employees or agents, any new liability, express or implied, nor shall it create in the Department of Corrections any administrative authority or responsibility for the construction, funding, administration or operation of county or other local jails or other places of confinement which are not staffed and operated on a full-time basis by the Department of Corrections. The correctional system under the jurisdiction of the Department of Corrections shall include only those facilities fully staffed by the Department of Corrections and operated by it on a full-time basis.
  6. An offender returned to a county for post-conviction proceedings shall be subject to the provisions of Section 99-19-42 and the county shall not receive the per-day allotment for such offender after the time prescribed for returning the offender to the Department of Corrections as provided in Section 99-19-42.

HISTORY: Laws, 1992, ch. 547, § 1; Laws, 1994 Ex Sess, ch. 26, § 16; Laws, 1995, ch. 566, § 2; reenacted without change, Laws, 1997, ch. 408, § 1; reenacted without change, Laws, 1998, ch. 419, § 1; reenacted without change, Laws, 2002, ch. 426, § 1; Laws, 2002, ch. 624, § 4; reenacted without change, Laws, 2003, ch. 421, § 1; reenacted and amended, Laws, 2004, ch. 537, § 1; reenacted without change, Laws, 2005, ch. 395, § 1; reenacted and amended, Laws, 2007, ch. 603, § 1; reenacted without change, Laws, 2008, ch. 323, § 1; Laws, 2010, ch. 490, § 1; reenacted without change, Laws, 2012, ch. 317, § 1; Laws, 2014, ch. 457, § 59; reenacted without change, Laws, 2016, ch. 408, § 1, eff from and after July 1, 2016.

Joint Legislative Committee Note —

Section 1 of ch. 426, Laws of 2002, eff from and after July 1, 2002 (approved March 20, 2002), amended this section. Section 4 of ch. 624, Laws of 2002, effective from and after July 1, 2002 (approved April 25, 2002), also amended this section. As set out above, this section reflects the language of Section 4 of ch. 624, Laws of 2002, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Editor’s Notes —

For the repeal date of this section, see §47-5-911.

Laws of 2004, ch. 537, § 8 provides:

“SECTION 8. The Performance Evaluation and Expenditure Review Committee shall conduct a study to determine the actual per day cost of housing state inmates in county jails. The PEER Committee shall complete such determination and shall report with the Governor, Lieutenant Governor, Speaker of the House and Chairmen of the Senate and House Corrections Committees no later than December 1, 2004.”

Amendment Notes —

The first 2002 amendment (ch. 426) reenacted the section without change.

The second 2002 amendment (ch. 624) rewrote the last sentence in (2); and rewrote (3).

The 2003 amendment reenacted the section without change.

The 2004 amendment reenacted and amended the section by, in (3), rewriting the second sentence and adding the fourth sentence.

The 2005 amendment reenacted the section without change.

The 2007 amendment, which reenacted and amended the section, in (3), added (b) and (c), redesignated the former first paragraph as present (a), and deleted the former last sentence of (a), which read: “The Department of Corrections shall not pay a county for offenders housed in county jails pending a probation or parole revocation hearing.”

The 2008 amendment reenacted the section without change.

The 2010 amendment, in (3)(a), rewrote the second sentence, which formerly read: “The department shall pay the cost for medical attention for prisoners at an amount no greater than the reimbursement rate based on the Mississippi Medicaid reimbursement rate,” and added the third and fourth sentences.

The 2012 amendment was reenacted without change.

The 2014 amendment, in (3)(b), deleted “out of any available funds,” following “the department shall pay”; and in (4), added “of this section” to the end.

The 2016 amendment reenacted the section without change.

Cross References —

Department of Corrections may create a postconviction DNA database see §47-5-183.

OPINIONS OF THE ATTORNEY GENERAL

Certification as to whether there is space available within a Department of Corrections facility should be in writing on individual basis. Lucas, Oct. 12, 1992, A.G. Op. #92-0734.

If prisoner is sentenced by circuit judge to department of corrections and committed to county jail, then sheriff can not simply refuse to take prisoner because of overcrowding. Barrett, Jan. 12, 1994, A.G. Op. #93-0832.

The Mississippi Department of Corrections is under no obligation to pay counties for the costs associated with the care of inmates participating in a joint state/county work program under Section 47-5-401(1). Epps, Feb. 28, 2003, A.G. Op. #03-0764.

The state’s responsibility for housing costs of prisoners commences the day the Department of Corrections receives a certified copy of the sentencing order regardless of when MDOC finishes the paperwork to induct an inmate into the system. Robinson, Mar. 4, 2005, A.G. Op. 04-0626.

§ 47-5-903. Other conditions under which sentence may be served in county jail; governmental liability [Repealed effective July 1, 2020].

  1. A person committed, sentenced or otherwise placed under the custody of the Department of Corrections, on order of the sentencing court, may serve his sentence in the county jail of the county where convicted if all of the following conditions are complied with:
    1. The person must be classified in accordance with Section 47-5-905;
    2. The person must not be classified as in need of close supervision;
    3. The sheriff of the county where the person will serve his sentence must request in writing that the person be allowed to serve his sentence in that county jail;
    4. After the person is classified and returned to the county, the county shall assume the full and complete responsibility for the care and expenses of housing such person; and
    5. The county jail must be an approved county jail for housing state inmates under federal court order.
  2. This section does not apply to inmates housed in county jails due to lack of space at state correctional facilities. The department shall not reimburse the county for the expense of housing an inmate under this section.
  3. The Attorney General of the State of Mississippi shall defend the employees of the Department of Corrections and officials and employees of political subdivisions against any action brought by any person who was committed to a county jail under the provisions of this section.
  4. The state, the Department of Corrections, and its employees or agents, shall not be liable to any person or entity for an inmate held in a county jail under this section.

HISTORY: Laws, 1992, ch. 547, § 2; reenacted without change, Laws, 1997, ch. 408, § 2; reenacted without change, Laws, 1998, ch. 419, § 2; reenacted without change, Laws, 1999, ch. 538, § 2; reenacted without change, Laws, 2002, ch. 426, § 2; reenacted without change, Laws, 2003, ch. 421, § 2; reenacted without change, Laws, 2004, ch. 537, § 2; reenacted without change, Laws, 2005, ch. 395, § 2; reenacted without change, Laws, 2007, ch. 603, § 2; reenacted without change, Laws, 2008, ch. 323, § 2; reenacted without change Laws, 2012, ch. 317, § 2; reenacted without change, Laws, 2016, ch. 408, § 2, eff from and after July 1, 2016.

Editor’s Notes —

For the repeal date of this section, see §47-5-911.

Amendment Notes —

The 2002 amendment reenacted the section without change.

The 2003 amendment reenacted the section without change.

The 2004 amendment reenacted the section without change.

The 2005 amendment reenacted the section without change.

The 2007 amendment reenacted the section without change.

The 2008 amendment reenacted the section without change.

The 2012 amendment reenacted the section without change.

The 2016 amendment reenacted the section without change.

OPINIONS OF THE ATTORNEY GENERAL

The Mississippi Department of Corrections is under no obligation to pay counties for the costs associated with the care of inmates participating in a joint state/county work program under Section 47-5-401(1). Epps, Feb. 28, 2003, A.G. Op. #03-0764.

§ 47-5-905. Processing and classification of inmates [Repealed effective July 1, 2020].

  1. All persons placed under the custody of the Department of Corrections shall be processed at a reception and diagnostic center of the Department of Corrections and then be assigned to an appropriate correctional facility for a complete and thorough classification, not to exceed ninety (90) days, unless the department determines that a person can be properly processed and classified at the county jail in accordance with the department’s classification plan.
  2. The Department of Corrections shall develop a plan for the processing and classification of inmates in county jails and shall implement the plan by January 1, 1993.

HISTORY: Laws, 1992, ch. 547, § 3; reenacted without change, Laws, 1997, ch. 408, § 3; reenacted without change, Laws, 1998, ch. 419, § 3; reenacted without change, Laws, 1999, ch. 538, § 3; reenacted without change, Laws, 2002, ch. 426, § 3; reenacted without change, Laws, 2003, ch. 421, § 3; reenacted without change, Laws, 2004, ch. 537, § 3; reenacted without change, Laws, 2005, ch. 395, § 3; reenacted without change, Laws, 2007, ch. 603, § 3; reenacted without change, Laws, 2008, ch. 323, § 3; reenacted without change, Laws, 2012, ch. 317, § 3; reenacted without change, Laws, 2016, ch. 408, § 3, eff from and after July 1, 2016.

Editor’s Notes —

For the repeal date of this section, see §47-5-911.

Amendment Notes —

The 2002 amendment reenacted the section without change.

The 2003 amendment reenacted the section without change.

The 2004 amendment reenacted the section without change.

The 2005 amendment reenacted the section without change.

The 2007 amendment reenacted the section without change.

The 2008 amendment reenacted the section without change.

The 2012 amendment reenacted the section without change.

The 2016 amendment reenacted the section without change.

Cross References —

Person serving sentence in county jail to be classified in accordance with this section, see §§47-5-901,47-5-903.

§ 47-5-907. Removal of state inmate from county jail; petition; grounds; immunity from liability [Repealed effective July 1, 2020].

The sheriff of any county in this state shall have the right to petition the Commissioner of the Department of Corrections to remove a state inmate from the county jail in such county to the State Penitentiary. The commissioner shall remove such inmate from such county jail if the sheriff of such county sets forth just cause in his petition indicating why an inmate should be removed from such county jail to the State Penitentiary.

Just cause is established if such sheriff can sufficiently prove that such inmate has a dangerous behavior or sufficiently prove that there is no available or suitable medical facility where such inmate can be provided suitable medical services. The commissioner shall respond in writing to the petition no later than thirty (30) days after the receipt of such petition. If the petition to remove such inmate is denied by the commissioner, such sheriff and his agents shall have from the date of denial absolute immunity from liability for any injury resulting from subsequent behavior or from medical consequences regarding such inmate, provided that such injury resulted from conditions which were set forth in such petition.

HISTORY: Laws, 1992, ch. 547, § 4; reenacted without change, Laws, 1997, ch. 408, § 4; reenacted without change, Laws, 1998, ch. 419, § 4; reenacted without change, Laws, 1999, ch. 538, § 4; reenacted without change, Laws, 2002, ch. 426, § 4; reenacted without change, Laws, 2003, ch. 421, § 4; reenacted without change, Laws, 2004, ch. 537, § 4; reenacted without change, Laws, 2005, ch. 395, § 4; reenacted without change, Laws, 2007, ch. 603, § 4; reenacted without change, Law