Bill Text: MS SB2442 | 2024 | Regular Session | Introduced
Bill Title: "Prison-to-Paycheck Pipeline Pilot Program"; establish reentry program under supervision of third-party coordinator.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [SB2442 Detail]
Download: Mississippi-2024-SB2442-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Corrections; Appropriations
By: Senator(s) Barnett
Senate Bill 2442
AN ACT TO ESTABLISH A "PRISON-TO-PAYCHECK PIPELINE PILOT PROGRAM" TO PROVIDE A COMPREHENSIVE CASE MANAGEMENT PROGRAM FOR 1,000 INMATES TO RE-ENTER THE GENERAL POPULATION; TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY TO ISSUE A REQUEST FOR PROPOSALS FOR A THIRD-PARTY COORDINATOR TO OPERATE THE PROGRAM UNDER CERTAIN GUIDELINES AND TO AUTHORIZE THE DEPARTMENT TO ADMINISTER THE THIRD-PARTY CONTRACT; TO AUTHORIZE COORDINATION WITH THE STATE PAROLE BOARD; TO ESTABLISH AN RFP REVIEW BOARD FOR THE PROGRAM; TO AUTHORIZE FUNDING FOR THE PROGRAM THROUGH AN ANNUAL APPROPRIATION TO THE DEPARTMENT; TO PROVIDE FOR ANNUAL REPORTS AND EVALUATIONS BY THE PEER COMMITTEE AND THE COORDINATOR; TO AMEND SECTION 47-5-579, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT PARTICIPANTS IN THE PRISON INDUSTRIES PROGRAMS ARE NOT ELIGIBLE FOR THE PILOT REENTRY PROGRAM; TO AMEND SECTION 47-5-10, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is hereby established a Post-Release Re-Entry Services Pilot Program ("the program") to be known as the "Prison-to-Paycheck Pipeline Pilot Program."
(2) The Mississippi Department of Employment Security (MDES), established under Section 71-5-101, shall perform as an additional responsibility the following: MDES is authorized and directed to issue a Request for Proposals (RFP) seeking a third-party entity ("the coordinator") to operate the program. The RFP shall be structured as a hybrid contract, with a base cost plus a performance incentive rebate as defined in this section, for a term of five (5) years, with the goal of reducing recidivism through a variety of support services to people who leave prison. The administration and procurement of the contract shall be under the Mississippi Department of Employment Security. Recidivism reduction shall be determined by PEER evaluation at three-year, four-year and five-year periods.
(3) Before entering the program, Mississippi Department of Corrections (MDOC) shall provide all program participants with a social security card, a provisional driver's license as required in Section 63-1-19(5) or other identification card, and a birth certificate. The MDOC shall also provide the coordinator a criminogenic risk-needs assessment upon the enrollment of all new inmates into the program.
(4) The coordinator shall provide the following services to all program participants, based upon their criminogenic risk-needs assessment, including employment connections, housing assistance, drug and alcohol counseling, family reunification, anger management counseling, personal finance and budgeting, and other coordinated support services. These will be provided in conjunction with Mississippi Department of Corrections' parole and probation officers, if requested by coordinator.
(5) The evaluation criteria shall include the following scoring metrics which have been proven to materially reduce recidivism: established partnerships with employers who are committed to hiring formerly incarcerated individuals, fifty percent (50%); a plan for transportation and wrap-around services, twenty percent (20%); experience of team members working with and within the Mississippi correctional system, twenty percent (20%); and demonstration of a return on investment (ROI) to the taxpayers of the state, ten percent (10%). The coordinator shall also put forth a detailed plan for interagency collaboration of existing resources and programs, and it shall possess experience in applying for and administering Department of Justice (DOJ) and Department of Labor (DOL) grants and other federal supplemental funds.
(6) The program shall be funded by an annual appropriation of up to Two Million Five Hundred Thousand Dollars ($2,500,000.00) (per program participant) allocated through the Mississippi Department of Employment Security to the selected coordinator.
(7) The RFP shall require a plan to implement technology solutions for successful case management. The coordinator will work with the Mississippi Department of Employment Security and the Mississippi Department of Corrections to provide data to the State Longitudinal Data System as authorized in Section 37-154-1. At the three-, four- and five-year mark, based upon the findings of PEER on the impact of reduced recidivism to the state, the coordinator shall receive a rebate equal to thirty-three percent (33%) of the actual cost-savings to the state derived from incarceration avoidance.
(8) The pilot program shall include one thousand (1,000) inmates chosen by the Mississippi Department of Corrections by random selection. Preference will be given to inmates who are veterans and returning to a community in the State of Mississippi.
(9) The Mississippi Department of Corrections (MDOC) shall provide the coordinator with contact information for the program entrants at release. MDOC shall also provide the inmate with the contact information for their career navigator and other support personnel who have been assigned by the coordinator.
(10) The coordinator shall work with the Mississippi Department of Public Safety to develop a mobile drivers license solution to ensure all inmates entering the program have access to a temporary six-month driver's license as allowed by Section 63-1-19(5).
(11) There is established a RFP review committee consisting of seven (7) appointees from the following organizations: Mississippi Department of Employment Security (MDES), Department of Finance and Administration (DFA), Mississippi Department of Corrections (MDOC), MDES AccelerateMS, the Chairmen of the House and Senate Corrections Committees, the Chairmen of the Senate Economic and Workforce Development Committee and the House Workforce Development Committee, and one (1) appointee by the Governor.
(12) The legislative Performance Evaluation and Expenditure Review (PEER) Committee shall evaluate and determine savings through recidivism reduction based upon the established baseline at the time of the selection of the coordinator and make an annual report to the Legislature.
(13) The coordinator shall establish and facilitate a community shareholder advisory group of no less than twelve (12) individuals, six (6) of whom must are formerly incarcerated, which meets on a quarterly basis. The coordinator shall also provide an annual update to the House and Senate Corrections Committees at the request of the Chairmen and to the Chairman of the Senate Economic and Workforce Development Committee and the Chairman of the House Workforce Development Committee by October 1 each year of the existence of the program.
(14) As used in this section:
(a) "Criminogenic risks-needs assessment" means domains related to antisocial attitudes, behavior, personality patterns, and/or beliefs; affiliations with criminal or antisocial groups or friends; substance use abuse and/or mental health disorders; strained/poor marital/family relationships; history of unstable employment or low performance or satisfaction with work/school; financial and/or housing instability; low level of education or job skills.
(b) "Recidivism" means a return to prison, as a result of either new conviction or a violation of post-release supervision, within three (3) years of an inmate's prison release date.
(15) Participants of the pilot shall be racially and otherwise demographically representative of the larger Mississippi Department of Corrections' inmate population.
(16) The "coordinator" shall employ and contract with, to the extent possible, persons or organizations who are racially or otherwise demographically representative of the larger Mississippi Department of Corrections' inmate population. It is the goal of the selected contractor to award subcontracts and other grants in an amount not less than twenty percent (20%) of the overall contract to female and/or minority-owned companies.
SECTION 2. Section 47-5-579, Mississippi Code of 1972, is amended as follows:
47-5-579. (1) (a) The corporation is authorized to create a Pilot Work Initiative at the Central Mississippi Correctional Facility. The initiative shall be limited to no more than twenty-five (25) inmates in the program at any given time.
(b) The department shall:
(i) Have the ultimate authority for oversight of the administration of the initiative;
(ii) Delegate the administration of the initiative to the corporation; and
(iii) Oversee the selection of inmates for admission to the initiative.
(2) (a) An inmate is eligible for participation in the initiative if the inmate has:
(i) No more than two (2) years remaining on the inmate's sentence;
(ii) Not been convicted under Section 97-9-49 within the last five (5) years; and
(iii) Not been sentenced for a sex offense as defined in Section 45-33-23(h).
(b) Any inmate that meets the eligibility requirements of paragraph (a) may request assignment to the work initiative established under this section.
(c) Any inmate who is participating in a work initiative program established under this section shall be ineligible to participate in the Prison-to-Paycheck Pipeline Pilot Program established under Section 1 of this act.
(3) (a) The commissioner shall select inmates for admission to the program.
(b) An inmate currently participating in vocational training or a soft skills training program with the department shall have priority in admission to the program.
(4) (a) The chief executive officer may authorize the inmate to participate in educational or other rehabilitative programs designed to supplement his work initiative employment or to prepare the person for successful reentry.
(b) Before accepting any participants to the program, the corporation, in consultation with the department, shall adopt and publish rules and regulations to effectuate this section no later than six (6) months after the effective date of this section. These rules and regulations shall include all protection requirements for work release programs established pursuant to Sections 47-5-451 through 47-5-471. Participating employers shall pay no less than the prevailing wage for the position and shall under no circumstance pay less than the federal minimum wage.
(5) Any inmate assigned to the initiative who, without proper authority or just cause, leaves the area to which he has been assigned to work or attend educational or other rehabilitative programs, or leaves the vehicle or route of travel involved in his or her going to or returning from such place, will be guilty of escape as provided in Section 97-9-49. An offender who is convicted under Section 97-9-49 shall be ineligible for further participation in the work initiative during his or her current term of confinement.
(6) (a) The inmate shall maintain an account through a local financial institution and shall provide a copy of a check stub to the chief executive officer.
(b) The inmate shall be required:
(i) To pay twenty-five percent (25%) of the inmate's wages after mandatory deductions for the following purposes:
1. To pay support of dependents or to the Mississippi Department of Human Services on behalf of dependents as may be ordered by a judge of competent jurisdiction; and
2. To pay any fines, restitution, or costs as ordered by the court to include any fines and fees associated with obtaining a valid driver's license upon release.
(ii) To pay ten percent (10%) of the inmate's wages to the corporation for administrative expenses to include transportation costs.
(iii) To save fifty percent (50%) of the inmate's wages in the account required under paragraph (a) of this subsection. Monies under this sub-item shall be made available to the inmate upon parole or release.
(c) The inmate shall have access to the remaining fifteen percent (15%) of the monies in the inmate's account to purchase incidental expenses.
(7) The chief executive officer of the corporation shall collect and maintain data which shall be shared semiannually with the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) and the Corrections and Criminal Justice Oversight Task Force in sortable electronic format. The first report shall be made on January 15, 2023, and in six-month intervals thereafter unless PEER establishes a different schedule. The data shall include:
(a) Total number of participants at the beginning of each month by race, gender, and offenses charged;
(b) Total number of participants at the end of each month by race, gender, and offenses charged;
(c) Total number of participants who began the program in each month by race, gender, and offenses charged;
(d) Total number of participants who successfully completed the program in each month by race, gender, and offenses charged;
(e) Total number of participants who left the program in each month and reason for leaving by race, gender, and offenses charged;
(f) Total number of participants who were arrested for a new criminal offense while in the program in each month by race, gender and offenses charged;
(g) Total number of participants who were convicted of a new crime while in the program in each month by race, gender and offenses charged;
(h) Total number of participants who completed the program and were convicted of a new crime within three (3) years of completing the program;
(i) Total amount earned by participants and how the earnings were distributed in each month;
(j) Results of any initial risk and needs assessments conducted on each participant by race, gender, and offenses charged;
(k) Total list of participating employers;
(l) Total list of jobs acquired by participants;
(m) Total list the hourly wage paid to each participant;
(n) Total accounting of the manner and use of the ten percent (10%) of the wages paid to the corporation by the inmate for administrative expenses;
(o) Total costs associated with program operations;
(p) Total list of participating financial institutions;
(q) The number of accounts opened by participants at financial institutions;
(r) The average hourly wage earned in the program; and
(s) Any other data or information as requested by the task force.
(8) The Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) shall conduct a review of the initiative established under this section and produce a report to the Legislature on their effectiveness by January 1, 2024. The PEER Committee shall seek the assistance of the Corrections and Criminal Justice Task Force and may seek assistance from any other criminal justice experts it deems necessary during its review.
(9) This section shall stand
repealed on July 1, * * * 2026.
SECTION 3. Section 47-5-10, Mississippi Code of 1972, is amended as follows:
47-5-10. (1) 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 maintain records of persons committed to it, and to establish programs of research, statistics and planning:
(i) An offender's records shall include a single cover sheet that contains the following information about the offender: name, including any aliases; department inmate number; social security number; photograph; court of conviction; cause number; date of conviction; date of sentence; total number of days in the department's custody or number of days creditable toward time served on each charge; date of actual custody; and date of any revocation of a suspended sentence;
(ii) The department shall maintain an offender's cover sheet in the course of its regularly conducted business activities and shall include an offender's cover sheet in each request from a court, prosecutor or law enforcement agency for a summary of an offender's records with the department, also known as a "pen-pack." The cover sheet shall conform to Rules 803(6) and 803(8) of the Mississippi Rules of Evidence for admission as an exception to the hearsay rule and may be admissible when properly authenticated according to evidentiary rules and when offered for the purpose of enhanced sentencing under Section 41-29-147, 99-19-81 or 99-19-83 or other similar purposes; and
(iii) This subsection is not intended to conflict with an offender's right of confrontation in criminal proceedings under the state or federal constitution;
(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, technical violation 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 submit, in a timely manner, to the Oversight Task Force established in Section 47-5-6 any reports required by law or regulation or requested by the task force; and
(s) To discharge any other power or duty imposed or established by law.
(3) The department is hereby authorized, in conjunction with the Mississippi Department of Employment Security, to assist with the implementation of the Prison-to-Paycheck Pipeline Pilot Program, as prescribed in Section 1 of this act.
SECTION 4. This act shall take effect and be in force from and after July 1, 2024.
