Bill Text: MS HB660 | 2013 | Regular Session | Introduced
Bill Title: Private correctional facilities; require the Department of Corrections to approve of canteen prices within.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [HB660 Detail]
Download: Mississippi-2013-HB660-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Corrections; S.C. Accountblty/Efficiency/Transparency
By: Representative Banks
House Bill 660
AN ACT TO AMEND SECTION 47-5-1211, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT BEFORE A CONTRACT MAY BE ENTERED INTO BY THE DEPARTMENT OF CORRECTIONS AND A PRIVATE CORRECTIONAL FACILITY, SUCH CONTRACT MUST GIVE THE DEPARTMENT THE AUTHORITY TO MONITOR AND APPROVE ALL PRICES WITHIN AN INMATE CANTEEN FACILITY; 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) 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.
(b) No contract for private incarceration shall be entered into unless the Department of Corrections is given the authority to monitor and approve all prices within an inmate canteen facility within any private correctional facility.
( * * *c) 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.
( * * *d) 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, 2013.
