Mississippi SB 2597: MS Department of Corrections; prescribe specific data to be collected by the department relative to inmates and facilities.

Bill Text

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To: Corrections
MISSISSIPPI LEGISLATURE REGULAR SESSION 2024

By: Senator(s) Barnett, Blackmon

SENATE BILL NO. 2597

AN ACT TO AMEND SECTION 47-5-11, MISSISSIPPI CODE OF 1972, TO 1
PRESCRIBE SPECIFIC DATA TO BE COLLECTED BY THE MISSISSIPPI 2
DEPARTMENT OF CORRECTIONS RELATIVE TO INMATE OFFENSE, INMATE 3
SENTENCING, CORRECTIONAL FACILITY INMATE POPULATION AND STAFFING, 4
AND PROBATION AND PAROLEE IDENTIFICATION; TO DIRECT THE DEPARTMENT 5
TO PUBLISH DATASETS ON A CONFIDENTIAL BASIS; AND FOR RELATED 6
PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 47-5-11, Mississippi Code of 1972, is 9
amended as follows: 10
47-5-11. (1) As used in this section, the term: 11
(a) "Department" means the Mississippi Department of 12
Corrections. 13
(b) "Gang affiliation flag" means an indication that a 14
defendant was involved in or associated with a criminal gang at 15
the time of the current offense or at any time during current 16
incarceration. 17
(c) "Earned release time credit earned" means a credit 18
of time awarded to an inmate in accordance with [earned time 19
section]. 20

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(d) "Habitual offender flag" means an indication that a 21
defendant is a habitual offender as defined in Section 99-19-81. 22
(e) "Habitual violent felony offender flag" means an 23
indication that a defendant is a habitual violent felony offender 24
as defined in Section 99-19-83. 25
(f) "Prior incarceration within the state" means any 26
prior history of a defendant's incarceration in a state 27
correctional institution or facility. 28
(g) "Prison releasee reoffender flag" means an 29
indication that the defendant has committed a felony after having 30
served time in a state or federal prison in Mississippi or another 31
state. 32
(h) "Sex offender flag" means an indication that a 33
defendant was required to register as a sex offender as defined in 34
[sex offense section]. 35
(i) "Technical violation" means an act or omission by a 36
person on probation, parole, or post release supervision that 37
violates a condition or conditions of supervision placed on the 38
offender by the sentencing judge, the department, or the parole 39
board, other than an arrest or conviction for a new crime. An 40
arrest for a new crime is not a technical violation. 41
(j) "Tentative release date" means the anticipated date 42
that an inmate will be released from incarceration after the 43
application of adjustments for any anticipated earned release or 44
other time credit. 45

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( * * *2) The Mississippi Department of Corrections shall 46
procure a data collection and reporting system that allows the 47
department to collect and keep current the following information: 48
(a) Information related to each inmate, including: 49
(i) Identifying information, including name, date 50
of birth, race, ethnicity, immigration status, gender, highest 51
education level, case number and identification number assigned by 52
the department. 53
(ii) Information related to each offense for which 54
the person was convicted, including, but not limited to: 55
1. Description of each offense, including the 56
statute or statutes violated. 57
2. Drug type for each drug charge, if known. 58
3. Flag designations defined in subsection 59
(1) of this section, or any other flag the department identifies. 60
4. Date that a court entered the sentence. 61
5. Sentence imposed by the court. 62
6. Amount of time served in custody by the 63
defendant related to each charge prior to sentencing that is 64
credited at the time of disposition of the charge to reduce the 65
imposed length of time the defendant will be incarcerated. 66
7. Total amount of court costs imposed by the 67
court at the disposition of the case. 68
8. Total amount of fines imposed by the court 69
at the disposition of the case. 70

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9. Restitution amount ordered at sentencing. 71
10. The sentencing judge and court. 72
(iii) Date the inmate was admitted to the custody 73
of the department for his or her current incarceration. 74
(iv) Current institution placement and the 75
security level assigned to the institution. 76
(v) Custody level assignment. 77
(vi) Whether the reason for admission to the 78
department is for a new conviction or a violation of probation or 79
parole. For an admission for a probation or parole violation, the 80
department shall report whether the violation was technical or was 81
based on one or more arrests for one or more new violations of law 82
for which the person has not yet been convicted. 83
(vii) Length of sentence served. 84
(viii) Length of concurrent or consecutive 85
sentences served. 86
(ix) Tentative release date if the person were to 87
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