SB 2684 — Department of Corrections; increase number of offenders in regional facilities and adjust regional per diem.

SB2684 (As PassedSent theto Senate)Governor) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Senator(s) Simmons (13th), Barnett, Jackson (32nd), Blackmon, Jackson (11th), Chassaniol, Frazier, Thomas, Jordan, Witherspoon, Simmons (12th), Hill Senate Bill 2684 (As PassedSent theto Senate)Governor) AN ACT TO AMEND SECTIONS 47-5-931 AND 47-5-933, MISSISSIPPI CODE OF 1972, TO GRANT AUTHORITY TO THE GOVERNOR AND COMMISSIONER OF CORRECTIONS TO INCREASE THE NUMBER OF OFFENDERS WHO CAN BE PLACED IN REGIONAL CORRECTIONAL FACILITIES;

     47-5-931.  (1)  The Department of Corrections, in its discretion, may contract with the board of supervisors of one or more countiescounties * * * and/orand/ or with a regional facility operated by one or more counties, to provide for housing, care and control of offenders who are in the custody of the State of Mississippi.  Any facility owned or leased by a county or counties for this purpose shall be designed, constructed, operated and maintained in accordance with American Correctional Association standards, and shall comply with all constitutional standards of the United States and the State of Mississippi, and with all court orders that may now or hereinafter be applicable to the facility.  If the Department of Corrections contracts with more than one (1) county to house state offenders in county correctional facilities, excluding a regional facility, then the first of such facilities shall be constructed in Sharkey County and the second of such facilities shall be constructed in Jefferson County.

(f) HolmesAlcorn CountyCounty * * *, and any contiguous county in which there is located an unapproved jail;

and( * * *ag) (g)Yazoo BolivarCounty * * *, County and any contiguous county in which there is located an unapproved jail. jail; The Department of Corrections may contract with the board of supervisors of the following counties to house state inmates in regional facilities:  (a) Yazoo County, (b) Chickasaw County, (c) George and Greene Counties, (d) Washington County, (e) Hinds County, and (f) Alcorn County.  The Department of Corrections shall decide the order of priority of the counties listed in this subsection with which it will contract for the housing of state inmates.  For the purposes of this subsection, the term "unapproved jail" means any jail that the local grand jury determines should be condemned or has found to be of substandard condition or in need of substantial repair or reconstruction.

    ( * * *bh) (3) Chickasaw InCounty * * *, addition to the offenders authorized to be housed under subsection (1) of this section, the Department of Corrections may contract with the Kemper and Neshobaany regionalcontiguous facilitycounty to provide for housing, care and control of not more than seventy-five (75) additional offenders who are in thewhich custodythere ofis thelocated Statean ofunapproved Mississippi.jail;

( * * *ci) George and Greene Counties * * *, and any contiguous county in which there is located an unapproved jail;

( * * *dj) Washington County * * *, and any contiguous county in which there is located an unapproved jail;

( * * *ek) Hinds County * * *, and any contiguous county in which there is located an unapproved jail;

(l) Leake County and any contiguous county in which there is located an unapproved jail;

(m) Issaquena County and any contiguous county in which there is located an unapproved jail;

(n) Jefferson County and any contiguous county in which there is located an unapproved jail;

(o) Franklin County and any contiguous county in which there is located an unapproved jail;

( * * *fp) Holmes County and any contiguous county in which there is located an unapproved jail;

and ( * * *gq) Bolivar County and any contiguous county in which there is located an unapproved jail. * * *  The Department of Corrections may contract with the board of supervisors of the following counties to house state inmates in regional facilities:  The Department of Corrections shall decide the order of priority of the counties listed in this subsection with which it will contract for the housing of state inmates.  For the purposes of this subsection, the term "unapproved jail" means any jail that the local grand jury determines should be condemned or has found to be of substandard condition or in need of substantial repair or reconstruction.

     (3)  In addition to the offenders authorized to be housed under subsection (1) of this section, the Department of Corrections may contract with * * * the Kemper and Neshoba any regional facility to provide for housing, care and control of not more than seventy-five (75) additional offenders who are in the custody of the State of Mississippi.

     47-5-933.  The Department of Corrections may contract for the purposes set out in Section 47-5-931 for a period of not more than twenty (20) years.  The contract may provide that the Department of Corrections pay a fee ofof * * * up to * * *to Twenty‑nine Dollars and Seventy‑four Cents ($29.74) no more than Thirty-one Dollars ($31.00) per day for each offender that is housed in the facility.  The Department of Corrections may include in the contract, as an inflation factor, a three percent (3%) annual increase in the contract price.  The state shall retain responsibility for medical care for state offenders to the extent that is required by law.law;

    provided, SECTIONhowever, 3. the Thisdepartment actmay shallreimburse takeeach effectfacility andfor becontract medical services as provided by law in forcean fromamount andnot afterto Julyexceed 1,Six 2020,Dollars and shallTwenty-five standCents repealed($6.25) onper Juneday 30,per 2020.offender.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2020.