| 1 | | - | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Corrections By: Senator(s) Barnett, Butler Senate Bill 2242 (As Sent to Governor) AN ACT TO AMEND SECTION 47-5-401, MISSISSIPPI CODE OF 1972, TO ESTABLISH AN INMATE WORK PROGRAM WHERE STATE INMATES CAN WORK FOR THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION; TO EMPOWER THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO ESTABLISH ELIGIBILITY STANDARDS; TO REQUIRE WORK PARTICIPANTS TO UTILIZE THEIR WAGES FOR CERTAIN PURPOSES; TO AMEND SECTION 47-5-547, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO WORK WITH MAGCOR IN IMPLEMENTING THIS PROGRAM; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 47-5-401, Mississippi Code of 1972, is amended as follows: 47-5-401. (1) There is hereby authorized, in each county of the state, a public service work program for state inmates in custody of the county. Such a program may be established at the option of the county in accordance with the provisions of Sections 47-5-401 through 47-5-421. The department shall also recommend rules and regulations concerning the participation of state inmates in the program. (2) (a) An inmate shall not be eligible to participate in a work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421 if he has been convicted of any crime of violence, including, but not limited to, murder, aggravated assault, rape, robbery or armed robbery. (b) Any person who has been sentenced to confinement in jail or who has been sentenced for a felony conviction but is confined in a jail may request assignment to the work release program established under subsections (1) through (4) of this section. Admission to the program shall be in the discretion of the sheriff. The sheriff may further authorize the offender to participate in educational or other rehabilitative programs designed to supplement his work release employment or to prepare the person for successful reentry. No offender shall be eligible for this program if he or she has more than one (1) year remaining on his or her sentence. (3) The inmates participating in the work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421 are restricted to the performance of public service work for counties, municipalities, the state or nonprofit charitable organizations, as defined by Section 501(c)(3) of the Internal Revenue Code of 1986, except that the Department of Corrections must approve all requests by nonprofit charitable organizations to use offenders to perform any public service work. Upon request of the Board of Trustees of State Institutions of Higher Learning, or the board of trustees of a county school district, municipal school district or junior college district, the inmates may be permitted to perform work for such boards. (4) (a) In addition to any programs established by authority of subsections (1) through (3) of this section, the Mississippi Department of Corrections may establish an inmate work program under which eligible inmates perform services for the Mississippi Department of Transportation. The Mississippi Department of Corrections shall adopt rules necessary to implement the purposes of this act, including those necessary to define eligibility for participation in the program. Inmate compensation for the program shall be no less than the prevailing wage for the position and shall under no circumstances pay less than the federal minimum wage. Any inmate who participates in the program established under the Mississippi Department of Corrections and the Mississippi Department of Transportation shall maintain an account through a local financial institution and shall provide a copy of a check stub to the commissioner or his designee. (b) Any inmate who is a work participant for the program established under the Mississippi Department of Corrections and the Mississippi Department of Transportation shall be required to pay his or her wages for the following purposes: (i) To pay twenty-five percent (25%) toward any support of dependents or to the Mississippi Department of Human Services on behalf of dependents as may be ordered by a judge of competent jurisdiction as well as fines, restitution, or costs as ordered by the court to include any fines and fees associated with obtaining a valid driver's license upon release. Once all the aforementioned balances have been cleared, or if no liability exists, these funds shall be added to the participants savings diversion program. (ii) To save fifty percent (50%) of the inmate's wages in the account required under paragraph (a) of this subsection. Monies under this subparagraph shall be made available to the inmate upon parole or release. (iii) To pay up to fifteen percent (15%) of the inmate's wages to the facility for administrative expenses to include transportation costs. (iv) The inmate shall have access to the remaining ten percent (10%) of the monies in his or her account to purchase incidental expenses. (c) Any monies remaining under paragraph (b) of this subsection after all mandatory deductions are paid, shall be deposited in the inmate's account established under this subsection. Any monies remaining under this subsection, upon the release of the inmate, shall be released to the inmate upon his or her release. (d) The work program required under this section with the Mississippi Department of Transportation may, in the discretion of the Mississippi Department of Corrections, be established in each Mississippi Department of Transportation District. The Mississippi Department of Corrections may work with MAGCOR in implementing this program. SECTION 2. Section 47-5-547, Mississippi Code of 1972, is amended as follows: 47-5-547. (1) Except as otherwise specifically provided by law, any training program or auxiliary program associated with any existing prison industry shall be transferred to the corporation. The corporation is empowered and authorized to establish in participation with any community or junior college or state institution of higher learning, any training or auxiliary program for existing prison industries or for any industries which the corporation might create. Such community or junior college or state institution of higher learning shall provide assistance in business planning, marketing and analysis of existing or projected industries. These industrial services shall be contracted with any appropriate community or junior college or state institution of higher learning when these industries are developed at other correction sites. (2) The Mississippi Department of Corrections may assign the management and oversight of the work release program established by Section 1 of this act to the prison industries corporation (MAGCOR) if it determines that this will be conducive to providing effective job training for state inmates. SECTION 3. This act shall take effect and be in force from and after July 1, 2025. |
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| 1 | + | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Corrections By: Senator(s) Barnett, Butler Senate Bill 2242 (As Passed the Senate) AN ACT TO AMEND SECTION 47-5-401, MISSISSIPPI CODE OF 1972, TO ESTABLISH AN INMATE WORK PROGRAM WHERE STATE INMATES CAN WORK FOR THE MISSISSIPPI DEPARTMENT OF TRANSPORTATION; TO EMPOWER THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO ESTABLISH ELIGIBILITY STANDARDS; TO AMEND SECTION 47-5-547, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO WORK WITH MAGCOR IN IMPLEMENTING THIS PROGRAM; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 47-5-401, Mississippi Code of 1972, is amended as follows: 47-5-401. (1) There is hereby authorized, in each county of the state, a public service work program for state inmates in custody of the county. Such a program may be established at the option of the county in accordance with the provisions of Sections 47-5-401 through 47-5-421. The department shall also recommend rules and regulations concerning the participation of state inmates in the program. (2) An inmate shall not be eligible to participate in a work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421 if he has been convicted of any crime of violence, including, but not limited to, murder, aggravated assault, rape, robbery or armed robbery. (3) The inmates participating in the work program established in accordance with the provisions of Sections 47-5-401 through 47-5-421 are restricted to the performance of public service work for counties, municipalities, the state or nonprofit charitable organizations, as defined by Section 501(c)(3) of the Internal Revenue Code of 1986, except that the Department of Corrections must approve all requests by nonprofit charitable organizations to use offenders to perform any public service work. Upon request of the Board of Trustees of State Institutions of Higher Learning, or the board of trustees of a county school district, municipal school district or junior college district, the inmates may be permitted to perform work for such boards. (4) In addition to any programs established by authority of subsections (1) through (3) of this section, the Mississippi Department of Corrections shall establish an inmate work program under which eligible inmates shall perform services for the Mississippi Department of Transportation. The Mississippi Department of Corrections shall adopt rules necessary to implement the purposes of this act, including those necessary to define eligibility for participation in the program and inmate compensation. Such programs shall be established in each Mississippi Department of Transportation District. The Mississippi Department of Corrections may work with MAGCOR in implementing this program. SECTION 2. Section 47-5-547, Mississippi Code of 1972, is amended as follows: 47-5-547. (1) Except as otherwise specifically provided by law, any training program or auxiliary program associated with any existing prison industry shall be transferred to the corporation. The corporation is empowered and authorized to establish in participation with any community or junior college or state institution of higher learning, any training or auxiliary program for existing prison industries or for any industries which the corporation might create. Such community or junior college or state institution of higher learning shall provide assistance in business planning, marketing and analysis of existing or projected industries. These industrial services shall be contracted with any appropriate community or junior college or state institution of higher learning when these industries are developed at other correction sites. (2) The Mississippi Department of Corrections may assign the management and oversight of the work release program established by Section 1 of this act to the prison industries corporation (MAGCOR) if it determines that this will be conducive to providing effective job training for state inmates. SECTION 3. This act shall take effect and be in force from and after July 1, 2025, and shall stand repealed on June 30, 2025. |
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