House Bill 743

AN ACT TO AMEND SECTION 47-5-10, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO MAINTAIN A SINGLE COVER SHEET ON EACH INMATE THAT CONTAINS PERTINENT INFORMATION CONCERNING THE INMATE; TO PROVIDE THAT SUCH COVER SHEET SHALL BE INCLUDED IN THE DEPARTMENT'S RESPONSE TO EACH REQUEST MADE BY A COURT, PROSECUTOR OR LAW ENFORCEMENT AGENCY; TO PROVIDE THAT THE INFORMATION MAY BE UTILIZED BY A COURT FOR PURPOSES OF ENHANCED SENTENCING IN CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 47-5-10, Mississippi Code of 1972, is amended as follows:

47-5-10. The department shall have the following powers and duties:

(a) To accept adult offenders committed to it by the courts of this state for incarceration, care, custody, treatment and rehabilitation;

(b) To provide for the care, custody, study, training, supervision and treatment of adult offenders committed to the department;

(c) To maintain, administer and exercise executive and administrative supervision over all state correctional institutions and facilities used for the custody, training, care, treatment and after-care supervision of adult offenders committed to the department; provided, however, that such supervision shall not extend to any institution or facility for which executive and administrative supervision has been provided by law through another agency;

(d) To plan, develop and coordinate a statewide, comprehensive correctional program designed to train and rehabilitate offenders in order to prevent, control and retard recidivism;

(e) * * * To establish programs of research, statistics and planning;

(f) To investigate the grievances of any person committed to the department, and to inquire into any alleged misconduct by employees; and for this purpose it may issue subpoenas and compel the attendance of witnesses and the production of writings and papers, and may examine under oath any witnesses who may appear before it;

(g) To administer programs of training and development of personnel of the department;

(h) To develop and implement diversified programs and facilities to promote, enhance, provide and assure the opportunities for the successful custody, training and treatment of adult offenders properly committed to the department or confined in any facility under its control. Such programs and facilities may include but not be limited to institutions, group homes, halfway houses, diagnostic centers, work and educational release centers, restitution centers, counseling and supervision of probation, parole, suspension and compact cases, presentence investigating and other state and local community-based programs and facilities;

(i) To receive, hold and use, as a corporate body, any real, personal and mixed property donated to the department, and any other corporate authority as shall be necessary for the operation of any facility at present or hereafter;

(j) To provide those personnel, facilities, programs and services the department shall find necessary in the operation of a modern correctional system for the custody, care, study and treatment of adult offenders placed under its jurisdiction by the courts and other agencies in accordance with law;

(k) To develop the capacity and administrative network necessary to deliver advisory consultation and technical assistance to units of local government for the purpose of assisting them in developing model local correctional programs for adult offenders;

(l) To cooperate with other departments and agencies and with local communities for the development of standards and programs for better correctional services in this state;

(m) To administer all monies and properties of the department;

(n) To report annually to the Legislature and the Governor on the committed persons, institutions and programs of the department;

(o) To cooperate with the courts and with public and private agencies and officials to assist in attaining the purposes of this chapter and Chapter 7 of this title. The department may enter into agreements and contracts with other departments of federal, state or local government and with private agencies concerning the discharge of its responsibilities or theirs. The department shall have the authority to accept and expend or use gifts, grants and subsidies from public and private sources;

(p) To make all rules and regulations and exercise all powers and duties vested by law in the department;

(q) The department may require a search of all persons entering the grounds and facilities at the correctional system;

(r) To maintain records of any person committed to the department, and such records shall include a single cover sheet that contains the following information relating to an inmate:

(i) Name, including any aliases;

(ii) Date of birth;

(iii) Mississippi Department of Corrections' (MDOC) inmate number;

(iv) Social security number and photograph;

(v) Court of conviction and cause number and date(s) of conviction(s) along with the sentence imposed;

(vi) Total number of days in MDOC custody or otherwise days credited toward time served on each charge; and

(vii)_ Dates of any revocations of suspension of sentences.

The single cover sheet referred to in this paragraph shall be maintained by the department in every case in the course of the regularly conducted business activities of the department and shall be included in the department's response to each request made by a court, prosecutor and/or law enforcement for a summary of an inmate's record with the department. It is the intent of the Legislature that such document shall conform to the requirements of Rules 803(6) and 803(8) of the Mississippi Rules of Evidence for admission as an exception to the hearsay rule as established by the Mississippi Supreme Court when the document is properly authenticated according to the Mississippi Rules of Evidence for purposes of enhanced sentencing pursuant to Sections 99-19-81, 99-19-83 and 41-29-147 and for all other similar and/or related purposes.

(s) To discharge any other power or duty imposed or established by law.

SECTION 2. This act shall take effect and be in force from and after July 1, 2012.