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Operation, Management and Personnel
§ 47-5-1. Policy of state in operation and management of correctional system; independent internal examinations - It shall be the policy of this state, in the...
§ 47-5-3. Facilities of the correctional system; their purposes and locations - The plantation known as Parchman owned by the state in...
§ 47-5-4. Definitions - For purposes of this chapter, the following words shall have...
§ 47-5-5. Limited centralization of facilities - The commissioner, as soon as possible after passage of this...
§ 47-5-7. Seal - The department shall procure a United States lock-seal, to be...
§ 47-5-10. Department of Corrections; general powers and duties - The department shall have the following powers and duties: To...
§ 47-5-11. Department to collect certain prison, probation and post-release supervision data; report to Oversight Task Force - 1. Recidivism rates by offense type; 2. Recidivism rates by...
§ 47-5-20. Powers and duties of commissioner - The commissioner shall have the following powers and duties: To...
§ 47-5-23. Management and control of correctional system to be vested in Department of Corrections - The department shall be vested with the exclusive responsibility for...
§ 47-5-26. Commissioner of Corrections; employment of deputy commissioners, administrative assistant for parole matters, and prison superintendents - Each superintendent shall develop and implement a plan for the...
§ 47-5-28. Additional powers and duties of commissioner - The commissioner shall have the following powers and duties: To...
§ 47-5-31. Reports by commissioner; inventory - The commissioner shall monthly make to the Governor and to...
§ 47-5-33. Commissioner authorized to administer oaths, and to summon and examine witnesses - The commissioner, in the discharge of his duties, is authorized...
§ 47-5-35. Auditor for correctional system - The Joint Legislative Committee on Performance Evaluation and Expenditure Review...
§ 47-5-37. Fiscal comptroller, bookkeepers, and assistants; maintenance of modern accounting system; commissioner to sign warrants - The commissioner shall employ a qualified fiscal comptroller who shall...
§ 47-5-41. Employees' oath of office - All employees, before entering upon their duties, shall take and...
§ 47-5-43. Workers' compensation coverage - The commissioner shall purchase workers' compensation insurance with coverage for...
§ 47-5-47. Nepotism prohibited; employees not to be interested in contracts - It shall be unlawful for any person related by affinity...
§ 47-5-49. Employees not to engage in other business - Neither the commissioner nor any other employee, save physicians and...
§ 47-5-54. Status of employees as peace officers; promulgation and enforcement of speed limits upon grounds of correctional facilities - Employees assigned to the canine unit of the department may,...
§ 47-5-55. Exemption from jury service - The officers and employees of the state correctional system are...
§ 47-5-56. Lease of property; operating funds; disposal of income; transfer of property - The department shall lease to the Mississippi Commission on Wildlife,...
§ 47-5-58. Sales by commissary to persons or agencies - The commissary located at any facility of the correctional system...
§ 47-5-70. "Board" and "lessee" defined - As used in this chapter, "board" shall include the Mississippi...
§ 47-5-71. Construction or pavement of roads - The State Highway Commission and the Mississippi Department of Corrections...
§ 47-5-72. Establishment of regional recycling centers at regional correctional facilities; participation of inmates in recycling center work program - The Department of Corrections, counties and municipalities are authorized to...
§ 47-5-75. Suits by or against board of corrections; tort liability insurance - The department is authorized to bring and maintain suits for...
§ 47-5-76. Payment of court costs for inmate's civil action against Department employee pertaining to condition of confinement - An inmate shall not bring a civil action or appeal...
§ 47-5-77. Remission to State Treasurer of funds belonging to correctional system; payment of bills and accounts of correctional system - The commissioner shall remit to the State Treasurer all moneys...
§ 47-5-78. Creation of the "Lambert State Forest Revolving Fund." - There is established within the State Treasury a revolving fundto...
§ 47-5-79. How purchases to be made - All contracts for the purchase of materials, supplies, equipment and...
§ 47-5-85. Chapel for religious worship; chaplain - There shall be provided an area at each facility of...
§ 47-5-87. No gasoline or motor oil to be sold - No gasoline or motor oil shall be sold for personal...
§ 47-5-89. No solicitation nor contribution for political purposes - If any officer or employee of the state or county...
§ 47-5-91. Transportation of children of employees to school; payment of tuition - The commissioner is authorized and directed to provide for transportation...
§ 47-5-93. Governor to make inspections - It shall be the duty of the Governor to make...
§ 47-5-94. Annual structural and environmental inspections; report of findings - The Bureau of Building, Grounds and Real Property Management of...
§ 47-5-95. Officials to be admitted to places where offenders kept and worked; visitors to correctional system facilities - The members of the executive department, except the Governor and...
§ 47-5-99. Creation of classification hearing officers and disciplinary hearing officers - There are hereby created classification hearing officers and disciplinary hearing...
§ 47-5-101. Meetings and minutes of classification and disciplinary hearing officers - The classification and disciplinary hearing officers shall maintain a record...
§ 47-5-104. Demotion of offender or forfeiture of earned time - The commissioner shall designate a disciplinary hearing officer to hear...
§ 47-5-105. Entry of bids, bills, and invoices in minutes before award or payment; copies to be sent - The award of all contracts within the purview of the...
§ 47-5-107. Cancellation of contracts - Any contract entered into by any person, firm or corporation...
§ 47-5-108. Self-sustaining food facilities established at certain penitentiary and correctional facilities; Employee Cafeteria Funds - The Mississippi Department of Corrections is hereby authorized to provide...
Offenders
§ 47-5-110.1. Offenders to pay costs of requested transfers between facilities - Whenever an offender in the custody of the Department of...
§ 47-5-110.2. Persons sentenced to custody of department after January 1, 2017, can no longer be sentenced to regimented inmate discipline program - From and after January 1, 2017, no person to be...
§ 47-5-111. Transportation of offenders to correctional system facilities; processing of offenders at receiving stations - The commissioner shall make suitable provision and regulations for the...
§ 47-5-113. Offenders of the United States courts - The offenders of the courts of the United States sentenced...
§ 47-5-115. Offenders whose capital sentences are commuted - Any offender who has been sentenced to suffer death, and...
§ 47-5-119. Initial search of offender; disposition of money found thereon; misappropriation of offender's money - Offenders, when received into a facility of the correctional system,...
§ 47-5-121. Separation of sexes - All female offenders shall be kept separate and apart from...
§ 47-5-122. Agricultural production as part of disciplinary or other programs; contracts for federal subsidies - The Commissioner of Corrections may provide for agricultural production in...
§ 47-5-124. Uniform designations for offenders; restrictions on possession of radios, televisions and similar electronic devices; restrictions on weight lifting programs - No offender may wear any article of clothing that is...
§ 47-5-126. Working of inmates - All inmates, unless physically unable, shall be required to perform...
§ 47-5-129. Offenders to work certain roads; Sunflower County - Sunflower County shall have the use of not over thirty-five...
§ 47-5-131. Offenders to work certain roads; Quitman County - Quitman County, Mississippi, shall have the use of not over...
§ 47-5-133. Drainage of correctional system property; restriction on working of offenders off correctional system property - The commissioner is authorized and empowered to use the offenders...
§ 47-5-134. Offenders to work for Habitat for Humanity or the Fuller Center for Housing, Inc - The Commissioner of Corrections may authorize the working of offenders,...
§ 47-5-137. Use of offenders as servants prohibited; exception - Except as otherwise specifically provided by law, the use of...
§ 47-5-140. Earned time handbook - Each county attorney, district attorney, each member of the Parole...
§ 47-5-147. Governor may authorize payment of reward for apprehension of escaped offender - When an offender escapes from the custody of the department,...
§ 47-5-149. United States offenders subject to the laws of the state - If any offender of the United States courts who has...
§ 47-5-151. Death of prisoner; investigations, inquests, and autopsies; fees; penalties - The superintendent (warden) or other person in charge of prisoners,...
§ 47-5-155. Discharged offenders revolving fund - There is hereby created a special fund to be known...
§ 47-5-157. Written discharge or release, clothing, Mississippi driver's license or state identification card, money and bus ticket furnished to discharged or released offender - When an offender is entitled to a discharge from the...
§ 47-5-173. Granting of leave for personal reasons - The commissioner, or his designees, may grant leave to an...
§ 47-5-175. Agreements to transfer state offenders to federal facilities - The Commissioner of Corrections, with the concurrence of the Governor,...
§ 47-5-177. Notice requirements prior to release of offenders - At least fifteen (15) days prior to the release of...
§ 47-5-183. Department of Corrections may create a postconviction DNA database - The Mississippi Department of Corrections is authorized, subject to the...
Alcoholic Beverages, Controlled Substances, Narcotic Drugs, Weapons, and Other Contraband
§ 47-5-191. Definitions - As used in Sections 47-5-191 through 47-5-195, "alcoholic beverage" shall...
§ 47-5-195. Penalties for violations - Any person who violates any provision of Section 47-5-193 or...
§ 47-5-196. Mandatory drug testing of employees of Department of Corrections - The Department of Corrections shall develop and implement a drug...
Penitentiary-Made Goods
§ 47-5-301. Short title - Sections 47-5-301 through 47-5-327 may be cited as the "Penitentiary-Made...
§ 47-5-303. Declaration of purpose - The aims and purposes of Sections 47-5-301 through 47-5-327 are:...
§ 47-5-311. Catalogues - The State Department of Corrections shall cause to be prepared,...
§ 47-5-313. Summary reports of goods purchased by other state agencies - At least thirty (30) days before the beginning of each...
§ 47-5-315. Priority of production requirements - The articles or products manufactured or produced by penitentiary labor...
§ 47-5-317. Determination of prices - The Industries Division of the State Department of Corrections shall...
§ 47-5-319. Annual audit reports - In addition to the information ordinarily required by law in...
§ 47-5-321. Promulgation of policies - The State Board of Corrections shall have the power and...
§ 47-5-327. Construction of provisions - The provisions of Sections 47-5-301 through 47-5-327 shall be liberally...
Prison Agricultural Enterprises
§ 47-5-353. Definitions - For the purpose of Sections 47-5-351 through 47-5-357, the following...
Public Service Work Programs
§ 47-5-403. Definitions - As used in Sections 47-5-401 through 47-5-421, the following words...
§ 47-5-405. Joint state-county work programs; sheriff to adopt regulations - Each county electing to establish a work program under Sections...
§ 47-5-407. Work camps - Any county establishing a work program pursuant to Sections 47-5-401...
§ 47-5-409. Escapes - The willful failure of an inmate to remain within the...
§ 47-5-411. Criteria for public service work - The Department of Corrections and the county shall endeavor to...
§ 47-5-413. Earned time credit - County inmates performing public service work under Sections 47-5-401 through...
§ 47-5-415. Passes and leaves - The sheriff, in the case of county inmates and state...
§ 47-5-417. Status of participating inmate - No inmate granted privileges under the provisions of Sections 47-5-401...
§ 47-5-419. Delegation of functions - The sheriff may designate any officer or employee of the...
§ 47-5-421. Provisions cumulative - The provisions of Sections 47-5-401 through 47-5-421 are cumulative and...
Use of Prisoners in County Jails to Pick up Trash
§ 47-5-433. Use of State Highway vehicles to pick up trash bagged by inmates - The State Highway Commission may furnish vehicles along state highways...
Use of Prisoners in County Jails to Maintain Certain Historic Cemeteries and Serve Food in Conjunction With Nonprofit Organizations -
Joint State-County Work Program
§ 47-5-452. Offenders to clean up abandoned or neglected cemeteries and public roads of the county - Upon written request by a majority of the board of...
§ 47-5-453. Adoption of regulations and policies - Each county board of supervisors electing to establish a work...
§ 47-5-455. Establishment of work camps - Any county board of supervisors establishing a work program pursuant...
§ 47-5-457. Escapes - The willful failure of an inmate to remain within the...
§ 47-5-461. Earned time credit - State inmates performing public service work or private paid employment...
§ 47-5-463. Passes and leaves - The Commissioner of Corrections may institute a procedure for granting...
§ 47-5-465. Status of participating inmate - No inmate granted privileges under Sections 47-5-451 through 47-5-469 shall...
§ 47-5-467. Delegation of functions - The Commissioner of Corrections may designate any employee of the...
§ 47-5-469. Provisions cumulative - The provisions of Sections 47-5-451 through 47-5-469 of this chapter...
§ 47-5-471. Department of Corrections to make available to requesting counties eligible inmates for participation in state-county work program; counties responsible for transportation and expenses related to housing and caring for inmates - Upon the request of any county for eligible inmates, the...
Correctional Industries Work Programs
§ 47-5-501. Legislative intent - Except as otherwise specifically provided by law, it is hereby...
§ 47-5-507. Vocational training of offenders; employment subsequent to release - The participating industry or business shall be responsible for providing...
§ 47-5-509. Security for facilities; employment status of offenders - The department of corrections shall at all times be responsible...
§ 47-5-513. Disposition of funds received - Except as otherwise specifically provided by law, proceeds of funds...
§ 47-5-517. Work program for data processing entry at Central Mississippi Correctional Facility - The Department of Corrections shall contract with the Department of...
Mississippi Prison Industries Act of 1990
§ 47-5-531. Short title of Sections 47-5-531 through 47-5-575 - Sections 47-5-531 through 47-5-575 shall be known as the "Mississippi...
§ 47-5-537. Formation of nonprofit corporation; programs of Division of Vocational Rehabilitation not to be prison industries - The Secretary of State, or his designee, shall assist the...
§ 47-5-539. Definitions - For the purposes of Sections 47-5-531 through 47-5-575, the following...
§ 47-5-545. Procedures for establishing new prison industries - Except as otherwise specifically provided by law, after the commissioning...
§ 47-5-547. Training programs or auxiliary programs associated with prison industries - Except as otherwise specifically provided by law, any training program...
§ 47-5-549. Entities to whom prison made goods or services may be sold; purchases of raw materials; prices of goods or services - Any service or item manufactured, processed, grown or produced by...
§ 47-5-551. Property of prison industry program reverts to department upon dissolution or expiration of lease - In the event the corporation is dissolved or its lease...
§ 47-5-553. Chief executive officer of corporation to communicate with Commissioner of Corrections regarding security at facility; communication as to needed improvements - Before any prison industry may commence operations, the chief executive...
§ 47-5-555. Use of inmate labor - The department shall, subject to the necessary security requirements and...
§ 47-5-557. Inmate not agent, employee or involuntary servant of corporation; exception - Any inmate who performs work for the corporation, except those...
§ 47-5-559. Annual report on status of correctional work programs; financial statements; audit of corporation - The corporation shall submit to the Governor and the Legislature,...
§ 47-5-565. Corporation to authorize expenditures from Prison Industries Fund - To carry out the provisions of Sections 47-5-531 through 47-5-575,...
§ 47-5-567. Inmates ineligible for unemployment compensation or worker's compensation - Except as otherwise specifically provided by law, no inmate shall...
§ 47-5-571. Unauthorized sales of prison-made goods or services prohibited - Except as otherwise specifically provided by law, no goods, wares,...
§ 47-5-575. Records of corporation subject to public records act - Any records or reports which relate to the financial aspect...
Drug Identification Program
§ 47-5-601. Establishment of program by Department of Corrections - The Mississippi Department of Corrections is authorized to establish a...
§ 47-5-603. Participation in program; submission to chemical analysis test - Any offender on probation or released from a facility of...
§ 47-5-605. Fees and costs for administering chemical analysis test - Each time the results of such a chemical analysis test...
Prison Overcrowding Emergency Powers Act
§ 47-5-701. Short title - Sections 47-5-701 through 47-5-729 shall be known and may be...
§ 47-5-703. Definitions - For the purposes of Sections 47-5-701 through 47-5-729 the following...
§ 47-5-705. Requirements for declaration of state of emergency - The requirements for the declaration of a prison system overcrowding...
§ 47-5-707. Notice of overcrowded prison conditions; thirty-day report of overcrowded prison conditions - Whenever the prison system population exceeds ninety-five percent (95%) of...
§ 47-5-709. Thirty-day report by State Parole Board - If the prison system population exceeds ninety-five percent (95%) of...
§ 47-5-711. Powers of Governor upon receipt of reports - Upon receipt of the report from the Commissioner of Corrections...
§ 47-5-713. Advancement of parole eligibility dates during state of emergency - Upon the declaration of a state of emergency, the parole...
§ 47-5-715. Weekly certification of population figures during state of emergency; termination of state of emergency - During the continuation of a state of emergency, the Commissioner...
§ 47-5-717. Sixty-day report of overcrowded prison conditions - If sixty (60) days after the declaration of a prison...
§ 47-5-719. Powers of Governor upon receipt of report - Upon receipt of the report from the Commissioner of Corrections...
§ 47-5-721. Termination of state of emergency by order of Governor - If at any time during a state of emergency the...
§ 47-5-723. Revocation of conditional advancement of parole eligibility date - Revocation of the conditional advancement of the parole eligibility date...
§ 47-5-725. Conditions of advancement of parole eligibility date - The State Parole Board shall prescribe conditions of advancement of...
§ 47-5-727. Advancement of parole eligibility date to be independent of other adjustments - Advancement of parole eligibility dates under Sections 47-5-701 through 47-5-729...
§ 47-5-729. Establishment and quarterly certification or alteration of operating capacities - The Commissioner of Corrections shall within thirty (30) days after...
§ 47-5-731. Repeal of Sections 47-5-701 through 47-5-729 - Sections 47-5-701 through 47-5-729, Mississippi Code of 1972, which create...
Administrative Review Procedure
§ 47-5-801. Authority to adopt administrative review procedure - The Department of Corrections is hereby authorized to adopt an...
§ 47-5-805. Application of procedures to pending lawsuits - Any offender who, on July 1, 1994, is a plaintiff...
§ 47-5-807. Judicial review of agency decision - Any offender who is aggrieved by an adverse decision rendered...
State Offenders Serving Sentences in County Jails
§ 47-5-907. Removal of state inmate from county jail; petition; grounds; immunity from liability - The sheriff of any county in this state shall have...
§ 47-5-909. Incarceration in county jails as temporary measure only - It is the policy of the Legislature that all inmates...
§ 47-5-911. Repeal of Sections 47-5-901 through 47-5-911 - Sections 47-5-901 through 47-5-911 shall stand repealed on July 1,...
Incarceration of State Offenders in County Owned or Leased Correctional Facilities
§ 47-5-933. Contracts for incarceration of state offenders in county facilities; medical care - The Department of Corrections may contract for the purposes set...
§ 47-5-934. Extension of contracts for incarceration in event of disruption due to natural disaster - If a regional facility authorized under Section 47-5-931 experiences a...
§ 47-5-935. Sheriff of county designated Chief Corrections Officer for facility; responsibilities; additional compensation - Concurrent with the execution of a contract for housing of...
§ 47-5-937. Exercise of power and authority regarding facility; exemption from certain requirements or restrictions - Sections 47-5-931 through 47-5-941 shall be full and complete authority...
§ 47-5-939. Housing pretrial detainees, county offenders and other persons - In addition to housing offenders for the Department of Corrections,...
§ 47-5-941. Authorization to contract with certain Wilkinson County authorities for private incarceration of state inmates - In addition to any other authority granted by law, the...
§ 47-5-943. Contracts for incarceration; compliance with standards and statutes - The Mississippi Department of Corrections may contract with the Walnut...
§ 47-5-945. Contract restrictions; time; terms; medical care of offenders - The Department of Corrections shall contract for the purposes set...
§ 47-5-949. Continuing education; high school level degree; vocational education - The correctional facility authorized in Section 47-5-943 shall provide any...
§ 47-5-951. Alcohol and drug counseling and treatment - The correctional facility authorized in Section 47-5-943 shall provide each...
Intensive Supervision Program; Electronic Home Detention
§ 47-5-1001. Definitions - For purposes of Sections 47-5-1001 through 47-5-1015, the following words...
§ 47-5-1003. Intensive supervision program; eligibility; procedure; time limits; program violations; notice to Department of Corrections; participation in program during term of probation; provision of certain data to Oversight Task Force - The courts may not require an offender to participate in...
§ 47-5-1013. Conditions for participation in intensive supervision program - Participants enrolled in an intensive supervision program shall be required...
§ 47-5-1015. Repeal of §§ 47-5-1001 through 47-5-1015 - Sections 47-5-1001 through 47-5-1015 shall stand repealed after June 30,...
Special Needs Prison Program of 1994
§ 47-5-1101. Short title - Sections 47-5-1101 through 47-5-1123 shall be cited as the "Special...
§ 47-5-1103. Definitions - As used in Sections 47-5-1101 through 47-5-1123, unless the context...
§ 47-5-1107. Standards for design, construction, maintenance, and operation of facilities - All facilities that are governed by this chapter shall be...
§ 47-5-1109. Term limits on contracts for operation and construction of facilities - The initial contract for the operation of a facility or...
§ 47-5-1113. Employee training - All employees of a facility operated pursuant to Sections 47-5-1101...
§ 47-5-1115. Prerequisites for contracting for correctional services - A contract for correctional services shall not be entered into...
§ 47-5-1117. Plan for resumption of state control of facility upon termination of contract - A plan shall be developed and certified by the commissioner...
§ 47-5-1121. Nondelegable responsibilities - No contract for private correctional facilities or services shall authorize,...
State Prison Emergency Construction and Management Board
§ 47-5-1201. Legislative intent and purpose - The purpose of this legislation is to alleviate the immediate...
§ 47-5-1213. Term limits on contracts for operation and construction of facilities; conveyance of facilities to state - The initial contract for the operation of a facility or...
§ 47-5-1217. Employee training - All employees of a facility operated pursuant to Sections 47-5-1201...
§ 47-5-1219. Prerequisites for contracting for correctional services; defense of suits or claims - A contract for correctional services shall not be entered into...
§ 47-5-1221. Plan for resumption of state control of facility upon termination of contract - A plan shall be developed and certified by the commissioner...
§ 47-5-1225. Nondelegable responsibilities - No contract for private correctional facilities or services shall authorize,...
§ 47-5-1229. Correctional Facilities Emergency Construction Fund - There is hereby created a special fund to be designated...
Prison Industry Enhancement Program -
Jurisdiction Over Correctional Facilities and Grounds
§ 47-5-1301. United States jurisdiction over correctional facilities and grounds - Notwithstanding any other provisions of law to the contrary, as...
Interstate Corrections Compact
§ 47-5-1351. Interstate Corrections Compact; purpose and policy; definitions; contracts; procedures and rights; extradition; federal aid; when compact becomes effective; withdrawal and termination; construction and severability - The Governor, on behalf of this state may execute the...
Youthful Offenders
§ 47-5-1401. Establishment of Youthful Offender Unit at Central Mississippi Correctional Facility; age limitations on youth housed in unit - The Mississippi Department of Corrections shall establish a Youthful Offender...