SB2684Adopted (AsCOMMITTEE PassedAMENDMENT theNO Senate)1 -PROPOSED 2020TO RegularSenate SessionBill MISSISSIPPINo. LEGISLATURE Regular Session To:

Corrections;2684 BY:

AppropriationsCommittee By:Amend by striking all after the enacting clause and inserting in lieu thereof the following:

Senator(s)SECTION Simmons1. (13th), Barnett, Jackson (32nd), Blackmon, Jackson (11th), Chassaniol, Frazier, Thomas, Jordan, Witherspoon, Simmons (12th), Hill Senate Bill 2684 (As Passed the Senate) 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;

TOSection AUTHORIZE47-5-931, TOMississippi INCREASECode THEof REGIONAL1972, PERis DIEM;amended as follows:

AND47-5-931. FOR RELATED PURPOSES.

    (1) BEThe ITDepartment ENACTEDof BYCorrections, THEin LEGISLATUREits OFdiscretion, THEmay STATEcontract OFwith MISSISSIPPI:the board of supervisors of one or more counties and/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 SECTIONfacility 1. owned Sectionor 47-5-931,leased Mississippiby Codea county or counties for this purpose shall be designed, constructed, operated and maintained in accordance with American Correctional Association standards, and 20/HR31/SB2684A.J *HR31/SB2684A.J* P(OM/JAB) shall comply with all constitutional standards of 1972,the isUnited amendedStates asand follows:the State of Mississippi, and with all court orders that may now or hereinafter be applicable to the facility.

     47-5-931.  (1)  The Department of Corrections, in its discretion, may contract with the board of supervisors of one or more counties and/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.

    (2) (2)  The Department of Corrections shall contract with the board of supervisors of the following counties to house state inmates in regional facilities: facilities: (a) Marion and Walthall Counties;

(a) Marion and Walthall Counties;

and (g) Bolivar 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.

    The (3)  In addition to the offenders authorized to be housed under subsection (1) of this section, the Department of Corrections may contract with the Kemperboard andof Neshobasupervisors regional facility to provide for housing, care and control of notthe morefollowing thancounties seventy-fiveto (75)house additionalstate offendersinmates who are in theregional custodyfacilities: of the State of Mississippi.

    (a) (4) Yazoo TheCounty, Governor(b) andChickasaw theCounty, Commissioner(c) ofGeorge Correctionsand areGreene authorizedCounties, to(d) increaseWashington administrativelyCounty, the(e) numberHinds ofCounty, offendersand who(f) areAlcorn inCounty. the custody of the State of Mississippi that can be placed in regional correctional facilities.

    The SECTIONDepartment 2. of SectionCorrections 47-5-933,shall Mississippidecide Codethe order of 1972,priority isof amendedthe ascounties follows:listed in this subsection with which it will contract for the housing of state inmates.

    For 47-5-933.  The Department of Corrections may contract for the purposes set out in Section 47-5-931 for a period of notthis moresubsection, thanthe twentyterm (20)"unapproved years. jail" Themeans contractany mayjail provide that the Departmentlocal ofgrand Correctionsjury pay20/HR31/SB2684A.J a*HR31/SB2684A.J* feeP(OM/JAB) ofdetermines upshould to * * *be Twenty‑ninecondemned Dollarsor andhas Seventy‑fourfound Centsto ($29.74)be Thirty-oneof Dollarssubstandard ($31.00)condition peror day for each offender that is housed in theneed facility.  The Department of Correctionssubstantial mayrepair includeor inreconstruction. 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.

    (3) SECTIONIn 3. addition Thisto actthe shalloffenders takeauthorized effectto and be inhoused forceunder fromsubsection (1) of this section, the Department of Corrections may contract with the Kemper and afterNeshoba Julyregional 1,facility 2020,to provide for housing, care and shallcontrol standof repealednot onmore Junethan 30,seventy-five 2020.(75) additional offenders who are in the custody of the State of Mississippi.

(4) The Governor and the Commissioner of Corrections are authorized to increase administratively the number of offenders who are in the custody of the State of Mississippi that can be placed in regional correctional facilities.

SECTION 2.

Section 47-5-933, Mississippi Code of 1972, is amended as follows:

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 of up to * * * 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.

SECTION 3.

This act shall take effect and be in force from and after July 1, 2020, and shall stand repealed on June 29, 2020.

20/HR31/SB2684A.J *HR31/SB2684A.J* P(OM/JAB) Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

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;

TO AUTHORIZE TO INCREASE THE REGIONAL PER DIEM;

AND FOR RELATED PURPOSES.

20/HR31/SB2684A.J *HR31/SB2684A.J* PAGE 4 (OM/JAB)