§ 47-5-531. Short title of Sections 47-5-531 through 47-5-575
Sections 47-5-531 through 47-5-575 shall be known as the “Mississippi Prison Industries Act of 1990.”
§ 47-5-533. Legislative findings
It is the finding of the Legislature that prison industry programs of the State Department of Corrections are uniquely different from other programs operated or conducted by other departments in that it is essential to the state that the prison industry programs provide inmates with useful activities that can lead to meaningful employment after release […]
§ 47-5-535. Legislative intent
Except as otherwise specifically provided by law, it is the intent of the Legislature that a nonprofit corporation be organized and formed, within sixty (60) days from April 4, 1990, to lease and manage the prison industry programs of the Mississippi Correctional Industries. The corporation created and established shall be a body politic and corporate, […]
§ 47-5-537. Formation of nonprofit corporation; programs of Division of Vocational Rehabilitation not to be prison industries
The Secretary of State, or his designee, shall assist the Department of Corrections and the Department of Finance and Administration in the formation of the nonprofit corporation, and within sixty (60) days after the formation of the corporation, the corporation shall apply for exemption from federal tax under the provisions of Section 501(c)(3) of the […]
§ 47-5-539. Definitions
For the purposes of Sections 47-5-531 through 47-5-575, the following terms shall have the following meanings unless the context shall provide otherwise: “Corporation” means the private nonprofit corporation which is required to be organized and formed to carry out the provisions of Sections 47-5-531 through 47-5-575 regarding prison industries. “Department” means the State Department of […]
§ 47-5-541. Board of directors of corporation; chief executive officer; industry advisory board; compensation of directors; rules and regulations; duties of chief executive officer
The corporation shall be governed by a board of directors. The board of directors of the nonprofit corporation shall be composed of the following eleven (11) members who shall be appointed by the Governor with the advice and consent of the Senate: one (1) representative of the manufacturing industry, one (1) representative of the agriculture […]
§ 47-5-543. Lease of existing prison industries to corporation; exception for agricultural enterprises land, equipment, etc.
Within sixty (60) days after the formation of the corporation pursuant to the provisions of Section 47-5-535, the State Department of Corrections shall lease to the corporation all existing prison industries including the buildings, land, furnishings, equipment and other chattel used in the operation of such industries. Such lease shall be agreed upon by the […]
§ 47-5-545. Procedures for establishing new prison industries
Except as otherwise specifically provided by law, after the commissioning and implementation of a marketing feasibility study for any proposed new prison industry, the corporation may establish such prison industry. Before any new industry is established, the corporation shall hold a hearing to determine the impact such industry may have on the private sector market. […]
§ 47-5-547. Training programs or auxiliary programs associated with prison industries
Except as otherwise specifically provided by law, any training program or auxiliary program associated with any existing prison industry shall be transferred to the corporation. The corporation is empowered and authorized to establish in participation with the Mississippi Delta Community College, any training or auxiliary program for existing prison industries or for any industries which […]
§ 47-5-549. Entities to whom prison made goods or services may be sold; purchases of raw materials; prices of goods or services
Any service or item manufactured, processed, grown or produced by the corporation from its prison industries may be furnished or sold to any legislative, executive or judicial branch of the state, any political subdivision or any governing authority of the state, any other state, any school, college or university of the state, any foreign government, […]
§ 47-5-551. Property of prison industry program reverts to department upon dissolution or expiration of lease
In the event the corporation is dissolved or its lease of any prison industry program expires or is otherwise terminated, all property relating to such prison industry program which ceases to function because of such termination or dissolution, including all funds, buildings, land, furnishings, equipment and other chattels subsequently purchased or otherwise acquired by the […]
§ 47-5-553. Chief executive officer of corporation to communicate with Commissioner of Corrections regarding security at facility; communication as to needed improvements
Before any prison industry may commence operations, the chief executive officer of the corporation must communicate with the Commissioner of Corrections regarding the proper security for the facility. If at anytime the Commissioner of Corrections recognizes a need for improvement in the security at any facility, then he or she shall communicate to the corporation […]
§ 47-5-555. Use of inmate labor
The department shall, subject to the necessary security requirements and the needs of the corporation, provide to the corporation sufficient inmate labor for the various prison industry programs. The department may adopt rules and regulations as may be necessary to govern the use of inmates by the corporation. The corporation shall establish policies and procedures, […]
§ 47-5-557. Inmate not agent, employee or involuntary servant of corporation; exception
Any inmate who performs work for the corporation, except those inmates employed by the corporation in the Prison Industry Enhancement Program under Section 47-5-1251, shall not be deemed an agent, employee or involuntary servant of the corporation while performing such work or while going to and from work or other specified areas.
§ 47-5-559. Annual report on status of correctional work programs; financial statements; audit of corporation
The corporation shall submit to the Governor and the Legislature, on or before January 1 of each year, a report on the status of the correctional work programs, including but not limited to the programs and funds which have been transferred to the corporation, the programs and funds to be taken over within the next […]
§ 47-5-561. Authority of corporation to request appropriations from general fund; repayment of funds; funds to be maintained in interest-bearing accounts
In addition to its other powers, the corporation shall have the power to request, through the department, an appropriation of general revenue funds for the purposes of operation of, addition to or renovation of facilities or correctional work programs at the various correctional institutions; however, upon receipt of such appropriation, the rental paid by the […]
§ 47-5-563. Department may adopt rules governing use of inmates by corporation; corporation to establish policies relating to use of inmates; filing of rules and policies
The department may adopt such rules as may be necessary to govern the use of inmates by the corporation; however, such rules shall be related only to the need for security, inmate protections, and efficient operation of each institution. The corporation, with the input of the department, shall establish policies and procedures subject to the […]
§ 47-5-565. Corporation to authorize expenditures from Prison Industries Fund
To carry out the provisions of Sections 47-5-531 through 47-5-575, the provisions of Sections 47-5-301 et seq., and 47-5-501 et seq., Mississippi Code of 1972, the corporation shall authorize the transfer and expending of monies from the Prison Industries Fund.
§ 47-5-567. Inmates ineligible for unemployment compensation or worker’s compensation
Except as otherwise specifically provided by law, no inmate shall be eligible for unemployment compensation or workmen’s compensation whether employed by the corporation or by any other private enterprise operating on the grounds of a correctional institution or elsewhere where such employment shall be a part of a correctional work program or work release program […]
§ 47-5-569. Department to lease all or none of work programs at any one correctional institution; disposition of rent paid by corporation; approval of leases
Except as otherwise specifically provided by law, if the department leases a single correctional work program at any correctional institution to the corporation, the corporation shall lease all such correctional work programs at that institution. Any rent paid by the corporation to the department shall be deposited in a correctional programs trust fund for enhancement […]