Mississippi 2025 Regular Session

Mississippi Senate Bill SB2240 Compare Versions

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11 MISSISSIPPI LEGISLATURE 2025 Regular Session To: Corrections; Appropriations By: Senator(s) Barnett Senate Bill 2240 AN ACT TO AMEND SECTION 47-5-11, MISSISSIPPI CODE OF 1972, TO PRESCRIBE SPECIFIC DATA TO BE COLLECTED BY THE MISSISSIPPI DEPARTMENT OF CORRECTIONS RELATIVE TO INMATE OFFENSE, INMATE SENTENCING, CORRECTIONAL FACILITY INMATE POPULATION AND STAFFING, AND PROBATION AND PAROLEE IDENTIFICATION; TO DIRECT THE DEPARTMENT TO PUBLISH DATASETS ON A CONFIDENTIAL BASIS; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 47-5-11, Mississippi Code of 1972, is amended as follows: 47-5-11. (1) Subject to appropriation, the Mississippi Department of Corrections shall procure a data collection and reporting system that allows the department to collect and keep current the following information: (a) Information related to each inmate, including: (i) Identifying information, including name, date of birth, race, ethnicity, gender, highest education level, immigration status, case number, identification number assigned by the department, and any other information designated by the department; (ii) Information related to each offense for which the person was convicted, including, but not limited to: 1. Description of each offense, including the statute or statutes violated; 2. Drug type for each drug charge, if known; or 3. Indication by data flag or other means, of the following: a. The person was involved in or associated with a criminal gang at the time of the offense; b. The offense resulted in the person being sentenced as a habitual offender under Section 99-19-81; c. The offense resulted in the person being sentenced as a habitual offender under Section 99-19-83; d. The offense was committed after the person served time for a conviction in a state or federal prison in Mississippi or another state; e. The offense resulted in the person being required to register as a sex offender; or f. Any other characteristic of the offense designated by the department. 4. Date that a court entered the sentence; 5. Sentence imposed by the court; 6. Amount of time served in custody by the defendant related to each charge prior to sentencing that is credited at the time of disposition of the charge to reduce the imposed length of time the defendant will be incarcerated; 7. Total amount of court costs imposed by the court at the disposition of the case; 8. Total amount of fines imposed by the court at the disposition of the case; 9. Restitution amount ordered at sentencing; or 10. The sentencing judge and court. (iii) Date the inmate was admitted to the custody of the Department of Corrections for his or her current incarceration; (iv) Whether the reason for the current admission to the department is for a new conviction or for a violation of probation or parole. For an admission for a probation or parole violation, the department shall report whether the violation was technical or was due to the commission of a new criminal act; (v) Prior incarceration within the state; (vi) Any detainers the department is aware of; (vii) The inmate's case plan, including: 1. The results of the inmate's criminogenic risk-needs assessment at admission and in preparation for release from incarceration; 2. Updated versions of the case plan; 3. The status of progress, including a description of rehabilitative and educational programs which the inmate has completed while in custody, including, but not limited to, high school equivalency, post-secondary degrees, occupational certifications and similar credentials, addiction treatment, mental health treatment, and re-entry preparation courses. (viii) Whether the department has possession of the inmate's: 1. Social security card; 2. Birth certificate; or 3. Driver's license if the inmate possesses a driver's license at the time of admission to the department; 4. Provisional driver's license to be provided upon release, as provided for in Section 63-1-301 et seq.; (ix) Institution placement and the security level assigned to the institution. If the inmate is located in more than one (1) institution during the inmate's incarceration, all such institutions are to be listed with the date the inmate was placed at each location; (x) Custody level assignment. If the inmate is assigned more than one (1) custody level during the inmate's incarceration, all such assignments are to be listed with the date each assignment was issued; (xi) Trusty status, including the date trusty status was granted and the date it was revoked, if applicable; (xii) Disciplinary violation or violations while in custody and the disciplinary action or actions taken in response to the violation; (xiii) Release date if the person were to serve the entire sentence incarcerated, and the tentative release date based on eligibility for parole and for other reductions in time to be served; (xiv) Actual release date and reason for release, including whether the person completed their sentence, or was released due to parole, earned time, or other reason, which is to be specified; if granted parole, an indication of whether the person was granted presumptive parole; (xv) Earned time granted; (xvi) Length of sentence served; (xvii) Length of concurrent or consecutive sentences served; (xviii) Disciplinary violation or violations after release and the disciplinary action or actions taken in response to the violation; and (xix) Any other information necessary to produce the reports required in subsection (2) of this section. (b) Information related to persons supervised by the department on probation or post-release supervision, including, but not limited to: (i) Identifying information, including name, date of birth, race, ethnicity, gender, highest education level, immigration status, case number, and identification number assigned by the department; (ii) Length of probation sentence imposed and amount of time that has been served on such sentence; (iii) Projected termination date for probation; (iv) The post-release case plan and status of progress in meeting its requirements or recommendations; (v) Revocation of probation or parole due to a violation, including whether the revocation is due to a technical violation of the conditions of supervision or the commission of a new felony; and (vi) Any other information necessary to produce the reports required in subsection (2) of this section. (c) Information related to prisons, including, but not limited to: (i) Daily prison population of all inmates incarcerated in a state correctional institution or facility; (ii) Daily number of correctional officers for each state correctional institution or facility and the number of vacancies in those positions; (iii) Average daily cost per inmate at each state correctional institution or facility; (iv) Per diem rates paid to each facility housing state inmates, including regional facilities, community work centers, and local jails; and (v) Any other information necessary to produce the reports required in subsection (2) of this section. (d) The department shall maintain the data described in this subsection and any other data the department deems appropriate in a format that allows it to be aggregated in real time and the aggregated data published in real time in dashboard format on the department's website. The department shall also make the aggregated data available on the department's website in a modern, open, electronic format that is machine-readable and readily accessible by the public. Data for which real-time aggregating and posting is not feasible shall be aggregated and posted on the department's website as quickly as feasible but no less often than monthly. The department may use the reporting requirements in subsection (2) of this section to guide its development relevant portions of the dashboard. (2) The Department of Corrections shall semiannually report information required in this subsection ( * * *12) * * * of this section to the Oversight Task Force, and upon request, shall report the information to the PEER Committee * * *. as follows: (a) Prison data, which shall include: (i) The number of offenders entering prison on a new offense; (ii) The number of offenders entering prison as a result of revocation of supervision; (iii) The average sentence length for new prison sentences by offense type; (iv) The average remaining sentence length for offenders entering prison for a probation revocation; (v) The average remaining sentence length for offenders entering prison for a parole revocation; (vi) The average percentage of prison sentence served in prison by offense type; (vii) The average length of stay by offense type; * * * (viii) Recidivism rates. For the purposes of this report, "recidivism" means conviction of a new felony offense within three (3) years of release from prison; 1. Recidivism rates by offense type; 2. Recidivism rates by risk level; ( * * *ixviii) Total prison population by offense type and type of admission into prison; * * * 1. By offense type; 2. By type of admission into prison. (ix) The number of rehabilitative and educational milestones described in subsection (1)(a)(xvi) of this section which have been achieved by the current population under department custody or supervision, listed by milestone, including, but not limited to, specific certifications earned; (x) The number of inmates who are working in Prison Agricultural Enterprises and other job programs inside the prison, listed by program; and (xi) The number of inmates who are participating in work-release programs, listed by facility. (b) Probation data, which shall include: (i) The number of offenders supervised on probation; (ii) The number of offenders placed on probation; (iii) The number of probationers revoked for a technical violation and sentenced to a term of imprisonment in a technical violation center and the average length of time served in a technical violation center; (iv) The number of probationers revoked for a technical violation and sentenced to a term of imprisonment in * * * another type of department of correction a facility other than a technical violation center and the average length of time served in such facilities; (v) The number of probationers who are convicted of a new felony offense and sentenced to a term of imprisonment; (vi) The number of probationers held * * * on a violation in a county jail awaiting a revocation hearing; and (vii) The average length of stay in a county jail for probationers awaiting a revocation hearing. (c) Post-release supervision data, which shall include: (i) The number of offenders supervised on post-release supervision, by the type of supervision; (ii) The number of offenders placed on post-release supervision; (iii) The number of offenders on post-release * * * probationers supervision revoked for * * * a technical violation and sentenced to a term of imprisonment in a technical violation center, and the average length of time served in a technical violation center; (iv) The number of offenders on post-release * * * probationers supervision revoked for a technical violation and sentenced to a term of imprisonment in * * * another type of department of correction facility a facility other than a technical violation center, and the average length of time served in such facilities; (v) The number of offenders on post-release * * * probationers supervision who are convicted of a new felony offense and sentenced to a term of imprisonment; (vi) The number of offenders on post-release * * * probationers supervision held * * * on a violation in a county jail awaiting a revocation hearing, and average length of stay in a county jail awaiting a revocation hearing; * * * and (vii) Recidivism rates by offense type and risk level, reported by the number of years since release. For the purposes of this report, "recidivism" means the commission of a crime after the person has been convicted of a previous crime, whether the person is under supervision of the department or not. The department shall report recidivism rates for one (1), three (3), and five (5) years following release from prison; (viii) The number of people who have been paroled due to a designation as medically frail; and (ix) The number of people who have been granted presumptive parole. (3) As used in this section, the term "technical violation" means an act or omission by a person on probation or post-release supervision that violates a condition or conditions of supervision placed on the offender by the sentencing judge, the department, or the Parole Board, other than for the commission of a new crime. Commission of a new crime is not a technical violation. (4) Information collected under this section which is confidential and exempt upon collection remains confidential and exempt when reported by the Department of Corrections under this section. (5) The data collection and reporting system required in subsection (2) of this section shall allow appropriate access for agencies to query underlying data that is not public but is intrinsic to their work. SECTION 2. This act shall take effect and be in force from and after July 1, 2025.
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33 MISSISSIPPI LEGISLATURE
44
55 2025 Regular Session
66
77 To: Corrections; Appropriations
88
99 By: Senator(s) Barnett
1010
1111 # Senate Bill 2240
1212
1313 AN ACT TO AMEND SECTION 47-5-11, MISSISSIPPI CODE OF 1972, TO PRESCRIBE SPECIFIC DATA TO BE COLLECTED BY THE MISSISSIPPI DEPARTMENT OF CORRECTIONS RELATIVE TO INMATE OFFENSE, INMATE SENTENCING, CORRECTIONAL FACILITY INMATE POPULATION AND STAFFING, AND PROBATION AND PAROLEE IDENTIFICATION; TO DIRECT THE DEPARTMENT TO PUBLISH DATASETS ON A CONFIDENTIAL BASIS; AND FOR RELATED PURPOSES.
1414
1515 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
1616
1717 SECTION 1. Section 47-5-11, Mississippi Code of 1972, is amended as follows:
1818
1919 47-5-11. (1) Subject to appropriation, the Mississippi Department of Corrections shall procure a data collection and reporting system that allows the department to collect and keep current the following information:
2020
2121 (a) Information related to each inmate, including:
2222
2323 (i) Identifying information, including name, date of birth, race, ethnicity, gender, highest education level, immigration status, case number, identification number assigned by the department, and any other information designated by the department;
2424
2525 (ii) Information related to each offense for which the person was convicted, including, but not limited to:
2626
2727 1. Description of each offense, including the statute or statutes violated;
2828
2929 2. Drug type for each drug charge, if known; or
3030
3131 3. Indication by data flag or other means, of the following:
3232
3333 a. The person was involved in or associated with a criminal gang at the time of the offense;
3434
3535 b. The offense resulted in the person being sentenced as a habitual offender under Section 99-19-81;
3636
3737 c. The offense resulted in the person being sentenced as a habitual offender under Section 99-19-83;
3838
3939 d. The offense was committed after the person served time for a conviction in a state or federal prison in Mississippi or another state;
4040
4141 e. The offense resulted in the person being required to register as a sex offender; or
4242
4343 f. Any other characteristic of the offense designated by the department.
4444
4545 4. Date that a court entered the sentence;
4646
4747 5. Sentence imposed by the court;
4848
4949 6. Amount of time served in custody by the defendant related to each charge prior to sentencing that is credited at the time of disposition of the charge to reduce the imposed length of time the defendant will be incarcerated;
5050
5151 7. Total amount of court costs imposed by the court at the disposition of the case;
5252
5353 8. Total amount of fines imposed by the court at the disposition of the case;
5454
5555 9. Restitution amount ordered at sentencing; or
5656
5757 10. The sentencing judge and court.
5858
5959 (iii) Date the inmate was admitted to the custody of the Department of Corrections for his or her current incarceration;
6060
6161 (iv) Whether the reason for the current admission to the department is for a new conviction or for a violation of probation or parole. For an admission for a probation or parole violation, the department shall report whether the violation was technical or was due to the commission of a new criminal act;
6262
6363 (v) Prior incarceration within the state;
6464
6565 (vi) Any detainers the department is aware of;
6666
6767 (vii) The inmate's case plan, including:
6868
6969 1. The results of the inmate's criminogenic risk-needs assessment at admission and in preparation for release from incarceration;
7070
7171 2. Updated versions of the case plan;
7272
7373 3. The status of progress, including a description of rehabilitative and educational programs which the inmate has completed while in custody, including, but not limited to, high school equivalency, post-secondary degrees, occupational certifications and similar credentials, addiction treatment, mental health treatment, and re-entry preparation courses.
7474
7575 (viii) Whether the department has possession of the inmate's:
7676
7777 1. Social security card;
7878
7979 2. Birth certificate; or
8080
8181 3. Driver's license if the inmate possesses a driver's license at the time of admission to the department;
8282
8383 4. Provisional driver's license to be provided upon release, as provided for in Section 63-1-301 et seq.;
8484
8585 (ix) Institution placement and the security level assigned to the institution. If the inmate is located in more than one (1) institution during the inmate's incarceration, all such institutions are to be listed with the date the inmate was placed at each location;
8686
8787 (x) Custody level assignment. If the inmate is assigned more than one (1) custody level during the inmate's incarceration, all such assignments are to be listed with the date each assignment was issued;
8888
8989 (xi) Trusty status, including the date trusty status was granted and the date it was revoked, if applicable;
9090
9191 (xii) Disciplinary violation or violations while in custody and the disciplinary action or actions taken in response to the violation;
9292
9393 (xiii) Release date if the person were to serve the entire sentence incarcerated, and the tentative release date based on eligibility for parole and for other reductions in time to be served;
9494
9595 (xiv) Actual release date and reason for release, including whether the person completed their sentence, or was released due to parole, earned time, or other reason, which is to be specified; if granted parole, an indication of whether the person was granted presumptive parole;
9696
9797 (xv) Earned time granted;
9898
9999 (xvi) Length of sentence served;
100100
101101 (xvii) Length of concurrent or consecutive sentences served;
102102
103103 (xviii) Disciplinary violation or violations after release and the disciplinary action or actions taken in response to the violation; and
104104
105105 (xix) Any other information necessary to produce the reports required in subsection (2) of this section.
106106
107107 (b) Information related to persons supervised by the department on probation or post-release supervision, including, but not limited to:
108108
109109 (i) Identifying information, including name, date of birth, race, ethnicity, gender, highest education level, immigration status, case number, and identification number assigned by the department;
110110
111111 (ii) Length of probation sentence imposed and amount of time that has been served on such sentence;
112112
113113 (iii) Projected termination date for probation;
114114
115115 (iv) The post-release case plan and status of progress in meeting its requirements or recommendations;
116116
117117 (v) Revocation of probation or parole due to a violation, including whether the revocation is due to a technical violation of the conditions of supervision or the commission of a new felony; and
118118
119119 (vi) Any other information necessary to produce the reports required in subsection (2) of this section.
120120
121121 (c) Information related to prisons, including, but not limited to:
122122
123123 (i) Daily prison population of all inmates incarcerated in a state correctional institution or facility;
124124
125125 (ii) Daily number of correctional officers for each state correctional institution or facility and the number of vacancies in those positions;
126126
127127 (iii) Average daily cost per inmate at each state correctional institution or facility;
128128
129129 (iv) Per diem rates paid to each facility housing state inmates, including regional facilities, community work centers, and local jails; and
130130
131131 (v) Any other information necessary to produce the reports required in subsection (2) of this section.
132132
133133 (d) The department shall maintain the data described in this subsection and any other data the department deems appropriate in a format that allows it to be aggregated in real time and the aggregated data published in real time in dashboard format on the department's website. The department shall also make the aggregated data available on the department's website in a modern, open, electronic format that is machine-readable and readily accessible by the public. Data for which real-time aggregating and posting is not feasible shall be aggregated and posted on the department's website as quickly as feasible but no less often than monthly. The department may use the reporting requirements in subsection (2) of this section to guide its development relevant portions of the dashboard.
134134
135135 (2) The Department of Corrections shall semiannually report information required in this subsection ( * * *12) * * * of this section to the Oversight Task Force, and upon request, shall report the information to the PEER Committee * * *. as follows:
136136
137137 (a) Prison data, which shall include:
138138
139139 (i) The number of offenders entering prison on a new offense;
140140
141141 (ii) The number of offenders entering prison as a result of revocation of supervision;
142142
143143 (iii) The average sentence length for new prison sentences by offense type;
144144
145145 (iv) The average remaining sentence length for offenders entering prison for a probation revocation;
146146
147147 (v) The average remaining sentence length for offenders entering prison for a parole revocation;
148148
149149 (vi) The average percentage of prison sentence served in prison by offense type;
150150
151151 (vii) The average length of stay by offense type;
152152
153153 * * * (viii) Recidivism rates. For the purposes of this report, "recidivism" means conviction of a new felony offense within three (3) years of release from prison;
154154
155155 1. Recidivism rates by offense type;
156156
157157 2. Recidivism rates by risk level;
158158
159159 ( * * *ixviii) Total prison population by offense type and type of admission into prison;
160160
161161 * * * 1. By offense type;
162162
163163 2. By type of admission into prison.
164164
165165 (ix) The number of rehabilitative and educational milestones described in subsection (1)(a)(xvi) of this section which have been achieved by the current population under department custody or supervision, listed by milestone, including, but not limited to, specific certifications earned;
166166
167167 (x) The number of inmates who are working in Prison Agricultural Enterprises and other job programs inside the prison, listed by program; and
168168
169169 (xi) The number of inmates who are participating in work-release programs, listed by facility.
170170
171171 (b) Probation data, which shall include:
172172
173173 (i) The number of offenders supervised on probation;
174174
175175 (ii) The number of offenders placed on probation;
176176
177177 (iii) The number of probationers revoked for a technical violation and sentenced to a term of imprisonment in a technical violation center and the average length of time served in a technical violation center;
178178
179179 (iv) The number of probationers revoked for a technical violation and sentenced to a term of imprisonment in * * * another type of department of correction a facility other than a technical violation center and the average length of time served in such facilities;
180180
181181 (v) The number of probationers who are convicted of a new felony offense and sentenced to a term of imprisonment;
182182
183183 (vi) The number of probationers held * * * on a violation in a county jail awaiting a revocation hearing; and
184184
185185 (vii) The average length of stay in a county jail for probationers awaiting a revocation hearing.
186186
187187 (c) Post-release supervision data, which shall include:
188188
189189 (i) The number of offenders supervised on post-release supervision, by the type of supervision;
190190
191191 (ii) The number of offenders placed on post-release supervision;
192192
193193 (iii) The number of offenders on post-release * * * probationers supervision revoked for * * * a technical violation and sentenced to a term of imprisonment in a technical violation center, and the average length of time served in a technical violation center;
194194
195195 (iv) The number of offenders on post-release * * * probationers supervision revoked for a technical violation and sentenced to a term of imprisonment in * * * another type of department of correction facility a facility other than a technical violation center, and the average length of time served in such facilities;
196196
197197 (v) The number of offenders on post-release * * * probationers supervision who are convicted of a new felony offense and sentenced to a term of imprisonment;
198198
199199 (vi) The number of offenders on post-release * * * probationers supervision held * * * on a violation in a county jail awaiting a revocation hearing, and average length of stay in a county jail awaiting a revocation hearing; * * * and
200200
201201 (vii) Recidivism rates by offense type and risk level, reported by the number of years since release. For the purposes of this report, "recidivism" means the commission of a crime after the person has been convicted of a previous crime, whether the person is under supervision of the department or not. The department shall report recidivism rates for one (1), three (3), and five (5) years following release from prison;
202202
203203 (viii) The number of people who have been paroled due to a designation as medically frail; and
204204
205205 (ix) The number of people who have been granted presumptive parole.
206206
207207 (3) As used in this section, the term "technical violation" means an act or omission by a person on probation or post-release supervision that violates a condition or conditions of supervision placed on the offender by the sentencing judge, the department, or the Parole Board, other than for the commission of a new crime. Commission of a new crime is not a technical violation.
208208
209209 (4) Information collected under this section which is confidential and exempt upon collection remains confidential and exempt when reported by the Department of Corrections under this section.
210210
211211 (5) The data collection and reporting system required in subsection (2) of this section shall allow appropriate access for agencies to query underlying data that is not public but is intrinsic to their work.
212212
213213 SECTION 2. This act shall take effect and be in force from and after July 1, 2025.