Bill Text: MS HB1083 | 2012 | Regular Session | Introduced

Mississippi House Bill 1083 (Prior Session Legislation)

Introduced

Bill Title: Inmate Welfare Fund; abolish and require certain funds be deposited to State General Fund.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2012-03-06 - Died In Committee [HB1083 Detail]

Download: Mississippi-2012-HB1083-Introduced.html

MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Corrections; Appropriations

By: Representative Mettetal

House Bill 1083

AN ACT TO AMEND SECTION 47-5-158, MISSISSIPPI CODE OF 1972, TO ABOLISH THE INMATE WELFARE FUND AND DIRECT THAT FUNDS CURRENTLY DEPOSITED TO THE FUND OR CREDITED TO THE FUND AS OF JUNE 30, 2012, BE DEPOSITED TO THE STATE GENERAL FUND; TO AMEND SECTION 47-5-109, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AS OF JULY 1, 2012, CERTAIN DEPOSITS FROM THE OPERATION OF INMATE CANTEEN FACILITIES SHALL BE MADE TO THE STATE GENERAL FUND INSTEAD OF THE INMATE WELFARE FUND; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-5-158, Mississippi Code of 1972, is amended as follows:

47-5-158. (1) The department is authorized to maintain a bank account which shall be designated as the Inmate Welfare Fund. All monies now held in a similar fund for the benefit and welfare of inmates shall be deposited into the Inmate Welfare Fund. This fund shall be used for the benefit and welfare of inmates in the custody of the department.

(2) There shall be deposited into the Inmate Welfare Fund interest previously earned on inmate deposits, all net profits from the operation of inmate canteens, the annual prison rodeo, performances of the Penitentiary band, interest earned on the Inmate Welfare Fund and other revenues designated by the commissioner. All money shall be deposited into the Inmate Welfare Fund as provided in Section 7-9-21, Mississippi Code of 1972.

(3) All inmate telephone call commissions shall be paid to the department. Monies in the fund may be expended by the department, upon requisition by the commissioner or his designee, only for the purposes established in this subsection.

(a) Twenty-five percent (25%) of the inmate telephone call commissions shall be used to purchase and maintain telecommunication equipment to be used by the department.

(b) Until July 1, 2008, twenty-five percent (25%) of the inmate telephone call commissions shall be deposited into the Prison Agricultural Enterprise Fund. Beginning on July 1, 2008, thirty-five percent (35%) of the inmate telephone call commissions shall be deposited into the Prison Agricultural Enterprise Fund. The department may use these funds to supplement the Prison Agricultural Enterprise Fund created in Section 47-5-66.

(4) The commissioner may invest in the manner authorized by law any money in the Inmate Welfare Fund that is not necessary for immediate use, and the interest earned shall be deposited in the Inmate Welfare Fund.

(5) The Deputy Commissioner for Administration and Finance shall be the custodian of the Inmate Welfare Fund. He shall establish and implement internal accounting controls that comply with generally accepted accounting principles. The Deputy Commissioner for Administration and Finance shall prepare and issue quarterly consolidated and individual facility financial statements to the prison auditor of the Joint Legislative Committee on Performance Evaluation and Expenditure Review. The deputy commissioner shall prepare an annual report which shall include a summary of expenditures from the fund by major categories and by individual facility. This annual report shall be sent to the prison auditor, the Legislative Budget Office, the Chairman of the Corrections Committee of the Senate, and the Chairman of the Penitentiary Committee of the House of Representatives.

(6) A portion of the Inmate Welfare Fund shall be deposited in the Discharged Offenders Revolving Fund, as created under Section 47-5-155, in amounts necessary to provide a balance not to exceed One Hundred Thousand Dollars ($100,000.00) in the Discharged Offenders Revolving Fund, and shall be used to supplement those amounts paid to discharged, paroled or pardoned offenders from the department. The superintendent of the Parchman facility shall establish equitable criteria for the making of supplemental payments which shall not exceed Two Hundred Dollars ($200.00) for any offender. The supplemental payments shall be subject to the approval of the commissioner. The State Treasurer shall not be required to replenish the Discharged Offenders Revolving Fund for the supplemental payments made to discharged, paroled or pardoned offenders.

(7) The Inmate Welfare Fund Committee is hereby created and shall be composed of seven (7) members: The Deputy Commissioner for Community Corrections, the Deputy Commissioner of Institutions, the Superintendent of the Parchman facility, the Superintendent of the Rankin County facility, the Superintendent of the Greene County facility, and two (2) members to be appointed by the Commissioner of Corrections. The commissioner shall appoint the chairman of the committee. The committee shall administer and supervise the operations and expenditures from the Inmate Welfare Fund and shall maintain an official minute book upon which shall be spread its authorization and approval for all such expenditures. The committee may promulgate regulations governing the use and expenditures of the fund.

(8) The Department of Audit shall conduct an annual comprehensive audit of the Inmate Welfare Fund.

(9) From and after July 1, 2012, the Inmate Welfare Fund created by this section shall be abolished. All funds deposited to the Inmate Welfare Fund as described in subsections (2) and (3) of this section shall be deposited into the General Fund of the State of Mississippi. All unexpended balances in the Inmate Welfare Fund as of June 30, 2012, shall be deposited to the General Fund of the State of Mississippi.

SECTION 2. Section 47-5-109, Mississippi Code of 1972, is amended as follows:

47-5-109. (1) The State Department of Corrections is hereby authorized to operate a facility or facilities to be known as an inmate canteen facility or facilities, the purpose of which is to make available certain goods and other items of value for purchase by offenders confined at the State Penitentiary at Parchman, offenders confined at any other facility of the department, certain employees of the department and certain persons visiting offenders or employees. The commissioner shall promulgate rules and regulations for the operation of such a facility.

(2) Any funds which may be derived from the operation of an inmate canteen facility or facilities shall be deposited into an account to be known as the Canteen Fund. For accounting purposes, certain allocated costs attributable to the operation of such a facility, and as prescribed by the rules and regulations of the board, shall be chargeable as operating costs against profits earned. These costs of operation which are chargeable shall include, but shall not be limited to, rent allocation, utility allocation and employee wages. From and after July 1, 2012, any net profits which may accrue from the operation of such a facility and any interest earned thereon shall be deposited into the General Fund of the State of Mississippi.

SECTION 3. This act shall take effect and be in force from and after July 1, 2012.