MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Corrections
By: Representative Clark
AN ACT TO AMEND SECTION 47-5-1211, MISSISSIPPI CODE OF 1972, TO PROVIDE A CERTAIN EXCEPTION REGARDING THE TEN PERCENT COST-SAVINGS REQUIREMENT TO THE DEPARTMENT OF CORRECTIONS FOR THE INCARCERATION OF STATE INMATES BY PRIVATE CORRECTIONAL FACILITIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-5-1211, Mississippi Code of 1972, is amended as follows:
47-5-1211. (1) A contract for private correctional facilities or services shall not be entered into unless the contractor has demonstrated that it has:
(a) The qualifications, experience and management personnel necessary to carry out the terms of the contract.
(b) The ability to expedite the siting, design and construction of correctional facilities.
(c) The ability to comply with applicable laws, court orders and national correctional standards.
(d) Demonstrated history of successful operation and management of other correctional facilities.
(2) A facility shall at all times comply with all federal and state laws, and all applicable court orders.
(3) (a) (i) Except as otherwise provided in subparagraph (ii) of this paragraph (a), no contract for private incarceration shall be entered into unless the cost of the private operation, including the state's cost for monitoring the private operation, offers a cost savings of at least ten percent (10%) to the Department of Corrections for at least the same level and quality of service offered by the Department of Corrections.
(ii) The cost savings of at least ten percent (10%) to the Department of Corrections, as set out under this paragraph (a), shall not apply to any contract for private incarceration where inmates are housed for the purpose of treating persons with a mental illness.
As used in this subparagraph (ii) "persons with a mental illness" means any individuals who have a substantial psychiatric disorder of thought, mood, perception, orientation, or memory which grossly impairs judgment, behavior, capacity to recognize reality, or to reason or understand, which 1. is manifested by instances of grossly disturbed behavior or faulty perceptions; and 2. poses a substantial likelihood of physical harm to themselves or others as demonstrated by a. a recent attempt or threat to physically harm themselves or others, or b. a failure to provide necessary food, clothing, shelter or medical care for themselves, as a result of the impairment. "Persons with mental illness" include individuals who, based on treatment history and other applicable psychiatric indicia, are in need of treatment in order to prevent further disability or deterioration which would predictably result in dangerousness to themselves or others when their current mental illness limits or negates their ability to make an informed decision to seek or comply with recommended treatment. "Persons with mental illness" does not include individuals having only one or more of the following conditions: 1. epilepsy, 2. an intellectual disability, 3. brief periods of intoxication caused by alcohol or drugs, 4. dependence upon or addiction to any alcohol or drugs, or 5. senile dementia.
(b) Beginning in 2012, and every two (2) years thereafter, the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) shall contract with a certified public accounting firm to establish a state inmate cost per day using financial information of the Department of Corrections for the most recently completed fiscal year. The state inmate cost per day shall be certified as required by this section. The certified cost shall be used as the basis for measuring the validity of the ten percent (10%) savings of the contractor costs.
(c) Prior to engaging a certified public accountant, the PEER Committee, in conjunction with the Department of Corrections, shall develop a current cost-based model that will serve as a basis for the report produced as authorized by this section.
(4) The rates and benefits for correctional services shall be negotiated based upon American Correction Association standards, state law and court orders.
SECTION 2. This act shall take effect and be in force from and after July 1, 2023, and shall be repealed on June 30, 2023.