Mississippi HB 1216: Correctional system cost-per-day reviews; transfer responsibility from PEER to MDOC.

Bill Text

HB1216 (As Introduced) - 2021 Regular Session 

MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Corrections

By: Representative Ladner

House Bill 1216

AN ACT TO AMEND SECTION 47-5-1211, MISSISSIPPI CODE OF 1972, 
TO TRANSFER RESPONSIBILITY FOR CONDUCTING COST-PER-DAY REVIEWS FROM THE JOINT 
LEGISLATIVE COMMITTEE ON PERFORMANCE EVALUATION AND EXPENDITURE REVIEW (PEER) 
TO THE DEPARTMENT OF CORRECTIONS; TO AUTHORIZE THE DEPARTMENT TO CONSULT WITH 
THE JOINT LEGISLATIVE COMMITTEE ON PERFORMANCE EVALUATION AND EXPENDITURE 
REVIEW REGARDING POSSIBLE CHANGES TO METHODS AND PROCEDURES UTILIZED IN 
CONDUCTING THE COST-PER-DAY REVIEWS; 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)� Beginning in * * * 2012 2022, and every two (2) years 
thereafter, the * * * Joint 
Legislative Committee on Performance Evaluation and Expenditure Review (PEER) 
Mississippi Department of Corrections 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.� The 
Department of Corrections shall require the accounting firm to utilize the cost-based 
model developed in conjunction with the PEER Committee staff and the department 
for cost-per-day reviews conducted after 2012.� The Department of Corrections 
may consult with the PEER staff regarding proposed changes to the model for use 
in future cost-per-day determinations.

���� (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, 2021.