Shown verbatim: the complete text as captured from the official page posted by the Mississippi Legislature, fetched 2026-08-29. This is the enrolled version. The official bill page.
MISSISSIPPI LEGISLATURE 2026 Regular Session To: Appropriations By: Senator(s) Hopson, DeBar, DeLano, Barnett, McLendon, Sparks, Suber Senate Bill 3088 (As Sent to Governor) AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAINTENANCE OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS FOR FISCAL YEAR 2027. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the support and maintenance of the Mississippi Department of Corrections for the fiscal year beginning July 1, 2026, and ending June 30, 2027.......................... ............................................ $ 434,307,319.00. SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the special fund in the State Treasury to the credit of the Mississippi Department of Corrections which is collected by or otherwise becomes available for the purpose of defraying the expenses of the department, for the fiscal year beginning July 1, 2026, and ending June 30, 2027 $ 36,764,700.00. SECTION 3. Of the funds appropriated under the provisions of Sections 1 and 2 of this act, not more than the amounts set forth below shall be expended: CENTRAL OFFICE Of the funds appropriated under the provisions of this act, the following funding and positions are authorized: FUNDING: General Funds............................ $ 27,621,005.00 Special Funds............................. 4,859,082.00 Total............................... $ 32,480,087.00 AUTHORIZED HEADCOUNT: Permanent: 159 Time-Limited: 8 FARMING OPERATIONS Of the funds appropriated under the provisions of this act, the following funding and positions are authorized: FUNDING: General Funds............................ $ 0.00 Special Funds............................. 3,985,964.00 Total............................... $ 3,985,964.00 AUTHORIZED HEADCOUNT: Permanent: 4 Time-Limited: 0 PAROLE BOARD Of the funds appropriated under the provisions of this act, the following funding and positions are authorized: FUNDING: General Funds............................ $ 712,253.00 Special Funds............................. 0.00 Total............................... $ 712,253.00 AUTHORIZED HEADCOUNT: Permanent: 8 Time-Limited: 0 PRIVATE PRISONS Of the funds appropriated under the provisions of this act, the following funding and positions are authorized: FUNDING: General Funds............................ $ 69,458,349.00 Special Funds............................. 2,267,526.00 Total............................... $ 71,725,875.00 AUTHORIZED HEADCOUNT: Permanent: 0 Time-Limited: 0 MEDICAL SERVICES Of the funds appropriated under the provisions of this act, the following funding and positions are authorized: FUNDING: General Funds............................ $ 121,648,556.00 Special Funds............................. 4,877,451.00 Total............................... $ 126,526,007.00 AUTHORIZED HEADCOUNT: Permanent: 1 Time-Limited: 2 REGIONAL FACILITIES Of the funds appropriated under the provisions of this act, the following funding and positions are authorized: FUNDING: General Funds............................ $ 54,806,825.00 Special Funds............................. 0.00 Total............................... $ 54,806,825.00 AUTHORIZED HEADCOUNT: Permanent: 0 Time-Limited: 0 COMMUNITY CORRECTIONS Of the funds appropriated under the provisions of this act, the following funding and positions are authorized: FUNDING: General Funds............................ $ 25,915,205.00 Special Funds............................. 13,252,534.00 Total............................... $ 39,167,739.00 AUTHORIZED HEADCOUNT: Permanent: 461 Time-Limited: 83 LOCAL CONFINEMENT Of the funds appropriated under the provisions of this act, the following funding and positions are authorized: FUNDING: General Funds............................ $ 10,064,537.00 Special Funds............................. 0.00 Total............................... $ 10,064,537.00 AUTHORIZED HEADCOUNT: Permanent: 0 Time-Limited: 0 CENTRAL MISSISSIPPI CORRECTIONAL Of the funds appropriated under the provisions of this act, the following funding and positions are authorized: FUNDING: General Funds............................ $ 36,475,220.00 Special Funds............................. 1,578,802.00 Total............................... $ 38,054,022.00 AUTHORIZED HEADCOUNT: Permanent: 589 Time-Limited: 5 PARCHMAN Of the funds appropriated under the provisions of this act, the following funding and positions are authorized: FUNDING: General Funds............................ $ 36,126,408.00 Special Funds............................. 2,299,233.00 Total............................... $ 38,425,641.00 AUTHORIZED HEADCOUNT: Permanent: 597 Time-Limited: 9 SOUTH MISSISSIPPI CORRECTIONAL Of the funds appropriated under the provisions of this act, the following funding and positions are authorized: FUNDING: General Funds............................ $ 25,176,577.00 Special Funds............................. 1,393,527.00 Total............................... $ 26,570,104.00 AUTHORIZED HEADCOUNT: Permanent: 457 Time-Limited: 4 MARSHALL COUNTY CORRECTIONAL Of the funds appropriated under the provisions of this act, the following funding and positions are authorized: FUNDING: General Funds............................ $ 9,035,699.00 Special Funds............................. 750,180.00 Total............................... $ 9,785,879.00 AUTHORIZED HEADCOUNT: Permanent: 137 Time-Limited: 0 WALNUT GROVE CORRECTIONAL Of the funds appropriated under the provisions of this act, the following funding and positions are authorized: FUNDING: General Funds............................ $ 9,556,503.00 Special Funds............................. 750,204.00 Total............................... $ 10,306,707.00 AUTHORIZED HEADCOUNT: Permanent: 156 Time-Limited: 0 DELTA CORRECTIONAL Of the funds appropriated under the provisions of this act, the following funding and positions are authorized: FUNDING: General Funds............................ $ 7,710,182.00 Special Funds............................. 750,197.00 Total............................... $ 8,460,379.00 AUTHORIZED HEADCOUNT: Permanent: 114 Time-Limited: 0 Of the funds appropriated under the provisions of this act, not more than the following amount of funds, with the exception of the provisions in this section, shall be expended only for "Personal Services," which includes "Vacancy Funding," for the following authorized number of employment headcount: FUNDING: General Funds: $ 123,017,631.00 Special Funds: $ 19,021,799.00 Total Funds: $ 142,039,430.00 PERSONAL SERVICES: Employee Salaries, Wages and Fringe Benefits: $ 136,155,376.00 Progressions: $ 0.00 Vacancy Funding: $ 5,884,054.00 Total Personal Services: $ 142,039,430.00 AUTHORIZED HEADCOUNT: Permanent: 2,683 Time-Limited: 111 As used in this section, the term "Personal Services" shall mean funds provided under the major object of expenditure category Personal Services for Salaries, Wages, and Fringe Benefits. Funds in this category shall not be transferred to any other category. It is the intention of the Legislature to ensure compliance with the Variable Compensation Plan, as outlined in Section 25-9-147, Mississippi Code of 1972. Payment from these funds shall be in accordance with the Variable Compensation Plan promulgated by the Mississippi State Personnel Board. It is the Legislature's intention that no employee's salary falls below the minimum salary established by the Mississippi State Personnel Board. The State Personnel Board shall determine and publish the projected annual cost of "Personal Services" based on monthly and year-to-date payroll expenditures in compliance with the provisions of this act. With the funds herein appropriated, it shall be the agency's responsibility to ensure that no single personnel action or combination of personnel actions, when annualized, exceeds the Fiscal Year 2027 appropriation for "Personal Services" with the exception of escalated funds. Further, it shall be the agency's responsibility to ensure that funds required to be appropriated for "Personal Services" for Fiscal Year 2028 do not exceed Fiscal Year 2027 funds appropriated for that purpose unless programs or positions are added to the agency's Fiscal Year 2027 budget by the Mississippi Legislature. If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken or will take an action that would cause the agency to exceed the funds appropriated in this act when annualized for Fiscal Year 2027 or increase the need for "Personal Services" for Fiscal Year 2028, when annualized, the State Personnel Board shall process no salary actions until such time as the requirements of the provisions of this section are met with the exception of new hires determined to be essential for the agency. When used in this section, "Vacancy Funding" shall mean funds included in the Total Personal Services amount listed above and designated for approved vacancies in Fiscal Year 2027. These funds are to be utilized to increase the number of filled headcounts that were authorized but unfilled as of the last day of Fiscal Year 2026. If the agency fills additional headcounts after March 1, 2026, until the end of Fiscal Year 2026, the amount of available Vacancy Funding may be proportionally adjusted to reflect the updated number of filled headcounts. The agency shall be responsible for ensuring that "Vacancy Funding" is used to increase headcounts and not for promotions, title changes, in-range salary adjustments, or any other mechanism for increasing salaries for current employees. Any transfers or escalations shall be made in accordance with the terms, conditions, and procedures established by law or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions or increase the Personal Services total without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or headcounts without proof of availability of new or additional funds above the appropriated level. Unless specifically noted, all Fiscal Year 2026 escalated headcounts have been accounted for and shall be converted to authorized time-limited headcounts. No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds used for salaries authorized under the provisions of this act and which are withdrawn and no longer available. None of the funds herein appropriated shall be used in violation of the Internal Revenue Service's Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor. If the agency's total authorized headcount decreases from Fiscal Year 2026 to Fiscal Year 2027, it will be the agency's discretion as to what headcounts are removed. SECTION 4. The Commissioner of the Mississippi Department of Corrections is hereby authorized to transfer spending authority between and within budgets, both positions and funds, in an amount not to exceed twenty-five percent (25%) of the authorized budgets in the aggregate. However, no transfers shall be authorized that increase the Central Office budget or decrease the Farming Operations budget. It is further the intention of the Legislature that the Department of Corrections shall submit written justification for the transfer to the Legislative Budget Office and the Department of Finance and Administration on or before the fifteenth (15th) of the month prior to the effective date of the transfer. The department shall provide a report of all transfers made under this section to the Chairmen of Senate and House Appropriations and Corrections Committees and the Legislative Budget Office by December 15 of each fiscal year which shall contain the required information from the previous and current fiscal years. SECTION 5. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below: FY2027 Performance Measures Target General Administration Support as a Percent of Total Budget 7.20 Number of State Prisoners per 100,000 Population (Includes only Inmates Sentenced to More than a Year) 649.00 Average Annual Incarceration Cost per Inmate 59.24 Percentage of Offenders Returning to Incarceration within 3 Years of Release 37.30 Farming Operations Annual Income from Farm Sales 1,605,662.67 Parole Board Number of Inmates Paroled 3,800 Private Prisons Number of ABE Program Slots Available 245 Number of VOC-ED Program Slots Available 195 Number of A&D Program Slots Available 148 Medical Services Number of Total Inmate Days in a Hospital 5,586 Regional Facilities Number of ABE Program Slots Available 363 Number of VOC-ED Program Slots Available 700 Number of A&D Program Slots Available 445 Probation/Parole Recidivism Rate Within 12 Months of Release to Field Supervision 8.30 Recidivism Rate Within 36 Months of Release to Field Supervision 17.60 Community Work Centers Recidivism Rate Within 12 Months of Release 38.00 Recidivism Rate Within 36 Months of Release 29.80 Restitution Centers Recidivism Rate Within 12 Months 10.30 Recidivism Rate Within 36 Months 17.00 Local Confinement Number of Days Offenders Held in County Jails 360,000 Institutional Security Number of Assaults on Inmates per 100 Inmates 3.90 Number of Assaults on Officers per 100 Officers 3.50 Youthful Offender School Recidivism Rate Within 12 Months of Release 21.00 Recidivism Rate Within 36 Months of Release 45.00 Evidenced Based Intervention Recidivism Rate for Inmates who Complete the ABE Program 33.30 Recidivism Rate for Inmates who Complete a Vocational Program 2.90 Recidivism Rate for Inmates who Complete the A&D Program 30.40 Percent of Offenders Possessing GED Certificate or High School Diploma at Time of Release 45.20 Percent of Offenders Obtaining Marketable Job Skills During Incarceration 4.30 A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2028. SECTION 6. Of the funds appropriated in Sections 1 and 2 of this act, none shall be expended for personnel housing under the jurisdiction of the Department of Corrections unless the department shall collect a reasonable rent, after a finding of fact as to what is a reasonable rent, and/or the cost of utilities furnished to said housing. The Department of Corrections shall not pay for the installation or monthly service of any telephone installed in a staff residence under its jurisdiction. It is further the intention of the Legislature that none of the funds provided herein shall be used to pay certain utilities for state-furnished housing for any employees. Such utilities shall include electricity, natural gas, butane, propane and cable services. Where actual cost cannot be determined, the agency shall be required to provide meters to be in compliance with legislative intent. Such state-furnished housing shall include single-family and multifamily residences but shall not include any dormitory residences. Allowances for such utilities shall be prohibited. SECTION 7. Of the funds appropriated in Sections 1 and 2 of this act, and authorized for expenditure in Section 3 of this act, payment may be authorized for court-ordered attorney fees and any accrued interest subject to the approval of the Office of the Attorney General. SECTION 8. None of the money herein appropriated shall be paid to any person who by the provision of Section 47-5-47, Mississippi Code of 1972, as amended, is prohibited from being an employee of the Mississippi Department of Corrections. The State Department of Finance and Administration shall at least annually make a report to the Joint Legislative Committee on Performance Evaluation and Expenditure Review and to the Attorney General stating the name of any person prohibited under the provisions of Section 47-5-47, Mississippi Code of 1972, as amended, from being an employee of the Mississippi Department of Corrections who has during the preceding year received any money herein appropriated. In the event that any such person prohibited as hereinabove provided from receiving funds herein appropriated should receive any of said funds, the Attorney General shall immediately commence action to recover the monies so paid to said person and to enjoin the further employment of said person at the Mississippi Department of Corrections. SECTION 9. It is the intent of the Legislature that all prisoners at Parchman shall work a minimum of eight (8) hours per day, excluding prisoners with a physical disability or those incarcerated in maximum security. SECTION 10. It is the intention of the Legislature that the per diem rates paid to regional facilities shall be Thirty-two Dollars and Seventy-one Cents ($32.71) per inmate. In no event shall any regional facility's per diem rate exceed Thirty-two Dollars and Seventy-one Cents ($32.71) per inmate as authorized in Section 47-5-933, Mississippi Code of 1972. SECTION 11. The department or its contracted medical provider will pay to a provider of a medical service for any and all incarcerated persons from a correctional or detention facility an amount based upon negotiated fees as agreed to by the medical care service providers and the department and/or its contracted medical provider. In the absence of a negotiated discounted fee schedule, medical care service providers will be paid by the department or its contracted medical service provider an amount no greater than the reimbursement rate applicable based on the Mississippi Medicaid reimbursement rate. This limitation applies to all medical care services, durable and nondurable goods, prescription drugs and medications provided to any and all incarcerated persons outside of the correctional or detention facility. None of the monies appropriated herein may be used to pay for cosmetic medical procedures for any prisoner. Cosmetic medical procedure means any medical procedure performed in order to change an individual's appearance without significantly serving to prevent or treat illness or disease or to promote proper functioning of the body. SECTION 12. It is the intention of the Legislature that the Mississippi Department of Corrections shall provide a report on all funds clawed back due to a company or individual not meeting the contractual obligations to the department. This report shall contain the name of the entity, the reason why the funds were clawed back, the amount of funds clawed back, and how the department utilized the funds received. As used in this section, the term funds clawed back shall include direct receipt of funds from an entity not meeting their contractual obligation and the reduction of funds owed by the department to an entity due to the entity not meeting their contractual obligation. The report shall be provided to the Chairmen of Senate and House Appropriations, Corrections, and Public Health Committees and the Legislative Budget Office by December 15 of each fiscal year and shall contain the required information from the previous and current fiscal years. SECTION 13. Of the funds appropriated in this act, Six Hundred Ninety Thousand Dollars ($690,000.00) shall be made available to the department for the monitoring and review of the medical services contract. The funds available in this section shall be derived from funds clawed back by the department as defined in Section 12 of this act. If clawed back funds are unavailable or insufficient, the department may utilize any other available funds in this act for the purposes provided in this section. The department shall provide a report of the monitoring and review of the medical services contract to the Chairmen of Senate and House Appropriations, Corrections, and Public Health Committees and the Legislative Budget Office by December 15 of each fiscal year. SECTION 14. It is the intention of the Legislature that the Commissioner of the Mississippi Department of Corrections shall have the authority to transfer cash from one special fund treasury fund to another special fund treasury fund under the control of the Department of Corrections. The purpose of this authority is to more efficiently use available cash reserves. It is further the intention of the Legislature that the Department of Corrections shall submit written justification for the transfer to the Legislative Budget Office and the Department of Finance and Administration on or before the fifteenth of the month prior to the effective date of the transfer. The department shall provide a report of all transfers made under this section to the Chairmen of Senate and House Appropriations and Corrections Committees and the Legislative Budget Office by December 15 of each fiscal year which shall contain the required information from the previous and current fiscal years. SECTION 15. It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference. A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids. SECTION 16. It is the intention of the Legislature that all funds held by the Inmate Welfare Fund, as created in Section 47-5-158, Mississippi Code of 1972, be placed in a treasury fund. Of the amounts appropriated in Section 2 of this act, an amount not exceeding Nine Million Two Hundred Fifty Thousand Dollars ($9,250,000.00) shall be available for expenditure in the Inmate Welfare Fund. Of these funds, Five Hundred Thousand Dollars ($500,000.00) shall be used to provide for transitional housing and post release reentry programs. As a condition of expending the funds appropriated under Sections 1 and 2 of this act for the budget of the Central Office as provided in Section 3 of this act, the Commissioner of Corrections shall provide to the chairmen of the House and Senate Corrections Committees, the chairmen of the House and Senate Appropriations Committees, and the Legislative Budget Office: (a) a report of all expenditures of the Department of Corrections, including, but not limited to, expenditures relating to the Inmate Welfare Fund created in Section 47-5-158, Mississippi Code of 1972, and the Canteen Fund created in Section 47-5-109, Mississippi Code of 1972, for fiscal years 2024, 2025 and 2026, which report shall be due not later than October 1, 2026; and (b) a quarterly report detailing all expenditures of the department, including, but not limited to, expenditures relating to the Inmate Welfare Fund and the Canteen Fund. These reports shall be due October 15, January 15, April 15, and July 15 each year. SECTION 17. It is the intention of the Legislature that all funds held by the Inmate Incentive to Work Program Fund, as created in Section 47-5-371, Mississippi Code of 1972, be placed in a treasury fund. Of the amounts appropriated in Section 2 of this act, an amount not exceeding One Million Dollars ($1,000,000.00) shall be available for expenditure in the Inmate Incentive to Work Program Fund. The following funds shall be utilized to pay inmates who are participants in the Inmate Incentive to Work Program. SECTION 18. It is the intention of the Legislature that the Mississippi Department of Corrections shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2026. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2028 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2027 budget request process. SECTION 19. It is the intention of the Legislature for the Mississippi Department of Corrections to manage funds budgeted and allocated. In so doing, the commissioner of the department shall have the authority to amend, extend and/or renew the term of any lease agreement or any inmate housing agreement in connection with a correctional facility. Notwithstanding any statutory limits to the contrary, such amendment, extension and/or renewal may be for a length of time up to and including ten (10) years as is necessary for the continued operations of such facilities and implementation of the department's duties and responsibilities in accordance with Title 47 of the Mississippi Code of 1972, as amended. SECTION 20. With the funds herein appropriated, it is the intent of the Legislature that upon vouchers submitted by the board of supervisors of any county housing offenders in county jails pending a probation or parole revocation hearing, the department shall pay the reimbursement costs as provided for in Section 47-5-901, Mississippi Code of 1972, as amended by House Bill No. 585, 2014 Regular Session. SECTION 21. With the funds herein appropriated, it is the intent of the Legislature, that for Fiscal Year 2027, the Department of Corrections shall reimburse municipalities, up to Twenty Dollars ($20.00) a day, for the cost incurred of housing inmates in any jail facility based on time served for the conviction of larceny, shoplifting, or related convictions where the value of the property taken is Five Hundred Dollars ($500.00) or more but is equal to or less than One Thousand Dollars ($1,000.00). A copy of the court abstract of record and the jail docket shall be provided to show the total number of days an individual was incarcerated in said jail facility. The reimbursement shall be payable back to the municipality upon receipt of required documentation and an invoice. Total reimbursements resulting from this section shall not exceed One Hundred Twenty-five Thousand Dollars ($125,000.00). SECTION 22. Of the funds appropriated under the provisions of Section 2 of this act, funds may be expended to defray the costs of clothing for sworn nonuniform law enforcement officers in an amount not to exceed One Thousand Dollars ($1,000.00) annually per officer. SECTION 23. Of the funds appropriated in Section 1 of this act, it is the intention of the Legislature that Five Hundred Ten Thousand Two Hundred Sixty-one Dollars ($510,261.00) shall be allocated to Victim's Notification Programs supported by General Fund court assessments. SECTION 24. With the funds appropriated herein, the Mississippi Department of Corrections is authorized to make payments for expenses incurred between fiscal years 2022 and 2024 for an amount not to exceed Three Hundred Three Thousand Seven Hundred Seventy-three Dollars and Forty-three Cents ($303,773.43). These payments are for invoices from the Holly Springs Utility Department, Greenwood Drug, Pitney Bowes Global Financial Services, RJ Young, Bureau Veritas Elevator Inspection Services, Ecolab, LGT Glass, and Big State Industrial Supply. SECTION 25. The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the Capital Expense Fund not otherwise appropriated for the Mississippi Department of Corrections for the purpose of reauthorizing the expenditure of Capital Expense Fund, as authorized in HB 46, 2025 First Extraordinary Session, for the Offender Tracking System for the fiscal year beginning July 1, 2026, and ending June 30, 2027......................................... $ 8,606,679.00. Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section shall not exceed the unexpended balance of the funds remaining as of June 30, 2026, from the amount authorized for the previous fiscal year. In addition, this reappropriation shall not change the purpose for which the funds were originally authorized. SECTION 26. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law. SECTION 27. This act shall take effect and be in force from and after July 1, 2026.
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