| 1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Corrections; Accountability, Efficiency, Transparency By: Representative Porter House Bill 1373 AN ACT TO AMEND SECTIONS 47-5-901, 47-5-903 AND 47-5-933, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT ALL CONTRACTS ENTERED INTO BY THE DEPARTMENT OF CORRECTIONS FOR THE INCARCERATION OF STATE OFFENDERS AT A COUNTY OR A REGIONAL CORRECTIONAL FACILITY SHALL BE FOR THE SAME FEE OR RATE AT EACH SUCH FACILITY FOR THE CARE AND HOUSING OF STATE OFFENDERS; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 47-5-901, Mississippi Code of 1972, is amended as follows: 47-5-901. (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. 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. (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. Upon such request, the department may allow such inmate or inmates to serve all or any part of such inmate's or inmates' sentence(s), as the case may be, in the county of conviction of the inmate or inmates or the county of request of a sheriff or board of supervisors outside the county of conviction. Such determination shall be promptly made by the Department of Corrections upon receipt of notice of the conviction of such person. 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. 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-five Dollars ($25.00) per day per offender and such rate shall be negotiated at the same rate for each county jail throughout the state, 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 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. (b) 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). (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. (4) 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. (5) 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. (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. 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. (7) 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. SECTION 2. Section 47-5-903, Mississippi Code of 1972, is amended as follows: 47-5-903. (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 or her sentence in any county jail if all of the following conditions are complied with: (a) The person must be classified in accordance with Section 47-5-905; (b) The person must not be classified as in need of close supervision; (c) The sheriff of the county where the person will serve his or her sentence must request in writing that the person be allowed to serve his or her sentence in that county jail; (d) 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 (e) 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 may reimburse the county for the expense of housing an inmate under this section, and such reimbursement shall be for the same rate at each county jail throughout the state. (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. SECTION 3. Section 47-5-933, Mississippi Code of 1972, is amended as follows: 47-5-933. (1) 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 no more than Thirty-two Dollars and Seventy-one Cents ($32.71) 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; 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. (2) From and after the effective date of this act, all contracts entered into by the department, pursuant to subsection (1) of this section, shall provide the same fee, inflation factor and rate of reimbursement for each facility as authorized under this section. SECTION 4. This act shall take effect and be in force from and after its passage. |
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| 2 | 2 | | |
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| 3 | 3 | | MISSISSIPPI LEGISLATURE |
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| 4 | 4 | | |
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| 5 | 5 | | 2025 Regular Session |
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| 6 | 6 | | |
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| 7 | 7 | | To: Corrections; Accountability, Efficiency, Transparency |
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| 8 | 8 | | |
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| 9 | 9 | | By: Representative Porter |
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| 10 | 10 | | |
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| 11 | 11 | | # House Bill 1373 |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT TO AMEND SECTIONS 47-5-901, 47-5-903 AND 47-5-933, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT ALL CONTRACTS ENTERED INTO BY THE DEPARTMENT OF CORRECTIONS FOR THE INCARCERATION OF STATE OFFENDERS AT A COUNTY OR A REGIONAL CORRECTIONAL FACILITY SHALL BE FOR THE SAME FEE OR RATE AT EACH SUCH FACILITY FOR THE CARE AND HOUSING OF STATE OFFENDERS; AND FOR RELATED PURPOSES. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 16 | 16 | | |
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| 17 | 17 | | SECTION 1. Section 47-5-901, Mississippi Code of 1972, is amended as follows: |
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| 18 | 18 | | |
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| 19 | 19 | | 47-5-901. (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. 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. |
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| 20 | 20 | | |
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| 21 | 21 | | (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. Upon such request, the department may allow such inmate or inmates to serve all or any part of such inmate's or inmates' sentence(s), as the case may be, in the county of conviction of the inmate or inmates or the county of request of a sheriff or board of supervisors outside the county of conviction. Such determination shall be promptly made by the Department of Corrections upon receipt of notice of the conviction of such person. 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. Any person serving his sentence in a county jail shall be classified in accordance with Section 47-5-905. |
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| 22 | 22 | | |
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| 23 | 23 | | (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-five Dollars ($25.00) per day per offender and such rate shall be negotiated at the same rate for each county jail throughout the state, except as authorized in Section 47-5-909(2). |
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| 24 | 24 | | |
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| 25 | 25 | | (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. 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. |
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| 26 | 26 | | |
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| 27 | 27 | | (b) 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). |
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| 28 | 28 | | |
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| 29 | 29 | | (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. |
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| 30 | 30 | | |
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| 31 | 31 | | (4) 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. |
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| 32 | 32 | | |
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| 33 | 33 | | (5) 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. |
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| 34 | 34 | | |
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| 35 | 35 | | (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. 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. |
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| 36 | 36 | | |
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| 37 | 37 | | (7) 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. |
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| 38 | 38 | | |
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| 39 | 39 | | SECTION 2. Section 47-5-903, Mississippi Code of 1972, is amended as follows: |
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| 40 | 40 | | |
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| 41 | 41 | | 47-5-903. (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 or her sentence in any county jail if all of the following conditions are complied with: |
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| 42 | 42 | | |
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| 43 | 43 | | (a) The person must be classified in accordance with Section 47-5-905; |
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| 44 | 44 | | |
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| 45 | 45 | | (b) The person must not be classified as in need of close supervision; |
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| 46 | 46 | | |
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| 47 | 47 | | (c) The sheriff of the county where the person will serve his or her sentence must request in writing that the person be allowed to serve his or her sentence in that county jail; |
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| 48 | 48 | | |
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| 49 | 49 | | (d) 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 |
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| 50 | 50 | | |
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| 51 | 51 | | (e) The county jail must be an approved county jail for housing state inmates under federal court order. |
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| 52 | 52 | | |
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| 53 | 53 | | (2) This section does not apply to inmates housed in county jails due to lack of space at state correctional facilities. The department may reimburse the county for the expense of housing an inmate under this section, and such reimbursement shall be for the same rate at each county jail throughout the state. |
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| 54 | 54 | | |
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| 55 | 55 | | (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. |
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| 56 | 56 | | |
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| 57 | 57 | | (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. |
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| 58 | 58 | | |
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| 59 | 59 | | SECTION 3. Section 47-5-933, Mississippi Code of 1972, is amended as follows: |
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| 60 | 60 | | |
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| 61 | 61 | | 47-5-933. (1) 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 no more than Thirty-two Dollars and Seventy-one Cents ($32.71) 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; 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. |
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| 62 | 62 | | |
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| 63 | 63 | | (2) From and after the effective date of this act, all contracts entered into by the department, pursuant to subsection (1) of this section, shall provide the same fee, inflation factor and rate of reimbursement for each facility as authorized under this section. |
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| 64 | 64 | | |
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| 65 | 65 | | SECTION 4. This act shall take effect and be in force from and after its passage. |
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