47-5-705 - Requirements for declaration of state of emergency. [Repealed effective July 1, 2012].
§ 47-5-705. Requirements for declaration of state of emergency. [Repealed effective July 1, 2012].
The requirements for the declaration of a prison system overcrowding state of emergency are as follows:
(a) Prison system population in excess of ninety-five percent (95%) of the prison system operating capacity for at least thirty (30) consecutive days immediately preceding the declaration of a state of emergency;
(b) Full appropriate utilization by the Mississippi Department of Corrections of powers which tend either to reduce prison system population or expand operating capacity. Such powers include, but are not limited to, earned time allowances as specified in Sections 47-5-138 and 47-5-139, Mississippi Code of 1972, review of offenders for purposes of reclassification, reevaluation of persons eligible for consideration for work release, supervised earned release or other release programs authorized by law and arrangements for housing inmates of the Department of Corrections in local or county jails or other facilities authorized to house state inmates; and
(c) Full appropriate utilization by the State Parole Board of those powers which tend to reduce the prison system population. Such powers include, but are not limited to, parole as provided in Section 47-7-3, Mississippi Code of 1972, the review of inmates who have had their parole revoked and the reevaluation of inmates previously denied parole.
Sources: Laws, 1985, ch. 499, § 3; reenacted, 1986, ch. 413, § 129; reenacted, 1987, ch. 335, § 3; reenacted, 1988, ch. 504, § 46; reenacted, 1990, ch. 315, § 3; reenacted, 1993, ch. 419, § 3; reenacted without change, Laws, 1999, ch. 537, § 3; reenacted without change, Laws, 2001, ch. 411, § 3; reenacted without change, Laws, 2002, ch. 615, § 3; reenacted without change, Laws, 2005, ch. 519, § 3; reenacted without change, Laws, 2006, ch. 395, § 3; reenacted and amended, Laws, 2008, ch. 322, § 3, eff from and after passage (approved Mar. 24, 2008.)