Amendment vs bill Amendment Report for Senate Bill No. 2495 vs As Passed the upper

Struck = removed from the bill ยท added = the amendment's new text.

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MISSISSIPPI LEGISLATURE REGULAR SESSION 2023 By:
House Amendments to Senate Bill No.
Senator(s) Sparks, Tate, McMahan, To:
2495 TO THE SECRETARY OF THE SENATE:
Corrections;
THIS IS TO INFORM YOU THAT THE HOUSE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:
DeLano, McCaughn, Younger, Moran, McLendon, Appropriations England, Thompson, Blackwell, Suber, Boyd, Whaley, Seymour, Williams, Barrett, Chism SENATE BILL NO.
AMENDMENT NO.
2495 (As Passed the Senate) AN ACT TO AMEND SECTIONS 47-5-901 AND 47-5-903, MISSISSIPPI CODE OF 1972, TO ALLOW AN INMATE PLACED UNDER THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS TO SERVE ALL OR PART OF HIS SENTENCE IN THE COUNTY REQUESTED BY A SHERIFF OR BOARD OF SUPERVISORS OUTSIDE THE COUNTY OF CONVICTION UPON CERTAIN CONDITIONS;
1 Amend by striking all after the enacting clause and inserting in lieu thereof the following:
TO INCREASE THE MAXIMUM PER DAY COST PER PRISONER;
TO AMEND SECTION 47-5-909, MISSISSIPPI CODE OF 1972, TO EXPEDITE THE REMOVAL OF INMATES FROM COUNTY JAILS BY DIRECTING THE DEPARTMENT OF CORRECTIONS TO PAY COUNTY JAILS FOR HOUSING STATE OFFENDERS;
TO AMEND SECTION 99-19-42, MISSISSIPPI CODE OF 1972, TO INCREASE THE RATE OF PAY FOR HOUSING STATE OFFENDERS IN COUNTY JAILS;
TO BRING FORWARD SECTIONS 47-5-931 AND 47-5-933, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT;
AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
(1) (a) 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 S.
(1) (a) 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.
B.
No.
2495 *SS26/R232PS* ~ OFFICIAL ~ G1/2 23/SS26/R232PS PAGE 1 the state correctional institutions.
(b) 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 or her sentence in the county jail of the county wherein such person was convicted if the sheriff or president of the board of supervisors, requests such inmate or inmates.
PAGE 12495 (b) 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 or her sentence in the county jail of the county wherein such person was convicted if the sheriff or president of the board of supervisors, requests such inmate or inmates.
Whenever a request is denied for an inmate or inmates, then the commissioner shall certify in writing to the sentencing court, sheriff, or president of the board of supervisors of a county, as the case may be, that such inmate or inmates does not qualify to serve the sentence or sentences in the S.
Whenever a request is denied for an inmate or inmates, then the commissioner shall certify in writing to the sentencing court, sheriff, or president of the board of supervisors of a county, as the case may be, that such inmate or inmates does not qualify to serve the sentence or sentences in the county jail.
B.
No.
2495 *SS26/R232PS* ~ OFFICIAL ~ 23/SS26/R232PS PAGE 2 county jail.
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-five Dollars ($25.00) per day per offender, except as authorized in Section 47-5-909(2).
In order to maximize PAGE 22495 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-five Dollars ($25.00) per day per offender, except as authorized in Section 47-5-909(2).
(3) (a) 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-five Dollars ($25.00) per day per offender, except as authorized in Section 47-5-909(2), 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 or five (5) days after the sentencing order is sent, in writing, by such county to the department, whichever is earlier, and will terminate on the date on which the offender S.
(3) (a) 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-five Dollars ($25.00) per day per offender, except as authorized in Section 47-5-909(2), 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 or five (5) days after the sentencing order is sent, in writing, by such county to the department, whichever is earlier, and will terminate on the date on which the offender is released or otherwise removed from the custody of the county jail.
B.
No.
2495 *SS26/R232PS* ~ OFFICIAL ~ 23/SS26/R232PS PAGE 3 is released or otherwise removed from the custody of the county jail.
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.
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 PAGE 32495 the reimbursement rate applicable based on the Mississippi Medicaid reimbursement rate.
S.
(c) 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.
B.
No.
2495 *SS26/R232PS* ~ OFFICIAL ~ 23/SS26/R232PS PAGE 4 (c) 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.
The county shall be reimbursed in accordance with subsection (2) of this section.
The county PAGE 42495 shall be reimbursed in accordance with subsection (2) of this section.
(6) 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 S.
(6) 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.
B.
No.
2495 *SS26/R232PS* ~ OFFICIAL ~ 23/SS26/R232PS PAGE 5 Corrections.
47-5-909.
PAGE 52495 47-5-909.
Twenty-five Dollars ($25.00) per day per offender for days one (1) through thirty (30), Thirty Dollars S.
Twenty-five Dollars ($25.00) per day per offender for days one (1) through thirty (30), Thirty Dollars ($30.00) per day per offender for days thirty-one (31) through sixty (60), and Thirty-four Dollars ($34.00) per day per offender for days sixty-one (61) or greater when:
B.
No.
2495 *SS26/R232PS* ~ OFFICIAL ~ 23/SS26/R232PS PAGE 6 ($30.00) per day per offender for days thirty-one (31) through sixty (60), and Thirty-five Dollars ($35.00) per day per offender for days sixty-one (61) or greater when:
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(3) The Department of Corrections is additionally responsible for all medical costs related to offenders housed at county jails under subsection (2) of this section.
PAGE 62495 (3) The Department of Corrections is additionally responsible for all medical costs related to offenders housed at county jails under subsection (2) of this section.
If the offender is not returned within one (1) week of the end of the term of court, the county housing the offender shall not receive S.
If the offender is not returned within one (1) week of the end of the term of court, the county housing the offender shall not receive the * * * Twenty-five Dollars ($25.00) allowed under Section 47-5-901, except as authorized in Section 47-5-909(2), for housing state offenders after the one-week time period required for returning the offender to the Department of Corrections.
B.
No.
2495 *SS26/R232PS* ~ OFFICIAL ~ 23/SS26/R232PS PAGE 7 the * * * Twenty-five Dollars ($25.00) allowed under Section 47-5-901, except as authorized in Section 47-5-909(2), for housing state offenders after the one-week time period required for returning the offender to the Department of Corrections.
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.
Any facility owned or leased by a county or counties for this purpose shall be PAGE 72495 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.
S.
(b) Carroll and Montgomery Counties;
B.
No.
2495 *SS26/R232PS* ~ OFFICIAL ~ 23/SS26/R232PS PAGE 8 (b) Carroll and Montgomery Counties;
(m) Issaquena County and any contiguous county in which there is located an unapproved jail;
(m) Issaquena County and any contiguous county in PAGE 82495 which there is located an unapproved jail;
For the purposes of this subsection, the term "unapproved jail" means any jail that the local grand jury S.
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.
B.
No.
2495 *SS26/R232PS* ~ OFFICIAL ~ 23/SS26/R232PS PAGE 9 determines should be condemned or has found to be of substandard condition or in need of substantial repair or reconstruction.
Section 47-5-933, Mississippi Code of 1972, is brought forward as follows:
Section 47-5-933, Mississippi Code of 1972, is amended as follows:
47-5-933.
PAGE 92495 47-5-933.
The contract may provide that the Department of Corrections pay a fee of no more than Thirty-one Dollars ($31.00) per day for each offender that is housed in the facility.
The contract may provide that the Department of Corrections pay a fee of no more than * * * Thirty-four Dollars ($34.00) per day for each offender that is housed in the facility.
provided, however, the department may reimburse each facility for contract medical services as provided by law in an amount not to S.
provided, however, the department may reimburse each facility for contract medical services as provided by law in an amount not to exceed Six Dollars and Twenty-five Cents ($6.25) per day per offender.
B.
No.
2495 *SS26/R232PS* ~ OFFICIAL ~ 23/SS26/R232PS PAGE 10 exceed Six Dollars and Twenty-five Cents ($6.25) per day per offender.
S.
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:
AN ACT TO AMEND SECTIONS 47-5-901 AND 47-5-903, MISSISSIPPI CODE OF 1972, TO ALLOW AN INMATE PLACED UNDER THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS TO SERVE ALL OR PART OF HIS SENTENCE IN THE COUNTY REQUESTED BY A SHERIFF OR BOARD OF SUPERVISORS OUTSIDE THE COUNTY OF CONVICTION UPON CERTAIN CONDITIONS;
TO INCREASE THE MAXIMUM PER DAY COST PER PRISONER;
TO AMEND SECTION 47-5-909, MISSISSIPPI CODE OF 1972, TO EXPEDITE THE REMOVAL OF INMATES FROM COUNTY JAILS BY DIRECTING THE DEPARTMENT OF CORRECTIONS TO PAY COUNTY JAILS FOR HOUSING STATE OFFENDERS;
TO AMEND SECTION 99-19-42, MISSISSIPPI CODE OF 1972, TO INCREASE THE RATE OF PAY FOR HOUSING STATE OFFENDERS IN COUNTY JAILS;
TO BRING FORWARD SECTION 47-5-931, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT;
TO AMEND SECTION 47-5-933, MISSISSIPPI CODE OF 1972, TO INCREASE FROM $31.00 TO $34.00 THE AMOUNT THE DEPARTMENT OF CORRECTIONS PAYS PER DAY FOR EACH STATE OFFENDER WHO IS HOUSED IN A REGIONAL CORRECTIONAL FACILITY;
AND FOR RELATED PURPOSES.
PAGE 10495 HR26\SB2495A.J Andrew Ketchings Clerk of the House of Representatives S.
No.
2495 PAGE 11
2495 *SS26/R232PS* ~ OFFICIAL ~ 23/SS26/R232PS ST:
State inmates;
require MDOC to pay PAGE 11 increased rate to house inmates in county jails.