Prison Phone Justice

§ 47-5-158. Inmate Welfare Fund.

(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.

(c) Forty percent (40%) of the inmate telephone call commissions shall be deposited into
the Inmate Welfare Fund.

(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.

Sources: Laws, 1989, ch. 307, § 1; Laws, 1990, ch. 534, § 25; Laws, 1995, ch. 621, § 1;
Laws, 1996, ch. 379, § 1; Laws, 1996, ch. 474, § 1; Laws, 2002, ch. 459, § 1; Laws,
2002, ch. 624, § 3; Laws, 2007, ch. 555, § 1; Laws, 2008, ch. 329, § 1, eff from and after
July 1, 2008.