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Auditor: Prison company must pay $2 million for no-show workers

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Auditor: Prison company must pay $2 million for no-show workers

Note: This article was published in partnership with The Marshall Project, a nonprofit organization covering the U.S. criminal justice system. Sign up for their newsletters, and follow them on Twitter, Instagram and Facebook.

Mississippi's auditor on Monday demanded a private prison operator pay nearly $2 million after the company improperly billed the state for thousands of prison guard shifts that were never actually worked.

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State Auditor Shad White announced the demand — the result of an inquiry his office launched in late 2020, an investigation by The Marshall Project that revealed the company's ghost workers practice.

White's audit found that Management & Corporation, the country's third-largest private prison company, did not notify or credit Mississippi's Department of Corrections when staffing at a prison by MTC fell below minimum requirements, as agreed to in their contract. The auditor is demanding about $1.4 million for unfilled shifts between 2017 and 2020, and just under $600,000 in interest and recovery costs. White called it one of the largest demands issued during his four years in office.

“We look forward to a swift recovery of these funds,” White said in a press release. MTC has 30 days to make payment, the auditor's office said, or the case will be referred to the state's .

MTC spokesman David Martinson declined to answer questions Monday. In a statement, he wrote the company has paid vacancy penalties under the terms of the contract, and that the auditor's demands are inconsistent with the contract. He did not elaborate.

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The Marshall Project investigation showed how MTC collected millions of dollars in Mississippi by routinely charging the corrections department for vacant security positions the company was required to fill. The practice illustrated a perverse financial incentive unique to private prisons: While fewer workers meant more danger for staff and incarcerated people, it created more profit for MTC.

The news investigation highlighted the experience of Correctional Officer Darrell Adams, who was nearly killed in 2019 when he was attacked by a prisoner during an overnight shift where Adams was doing the work of eight officers in four different buildings.

Adams worked at the Marshall County Correctional Facility, near the Tennessee border, where the state's audit found that MTC billed for 12,000 unfilled mandatory shifts in the four-year

period. MTC operated two other Mississippi prisons during the same period, but the auditor's demand letter only addressed the Marshall County prison.

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The Marshall Project also exposed a ghost worker problem at the two other MTC prisons. Using monthly invoices and data on vacant positions, the news organization estimated that between 2013 and 2019, the state paid MTC about $7 million combined for no-show workers at the Wilkinson County Correctional Facility, south of Natchez, and the East Mississippi Correctional Facility, near Meridian.

When asked Monday if payment would be sought from MTC for ghost workers at those other facilities, a spokesperson for the state auditor's office wrote, “Our work is not over.”

The Marshall Project's investigation in 2020 was published in partnership with The Clarion-Ledger, and The Mississippi Center for Investigative .

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Some notable bills that died in the 2024 Mississippi legislative session

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mississippitoday.org – Taylor Vance – 2024-05-07 05:30:00

As the Mississippi Legislature adjourned its 2024 regular session on Saturday, only a fraction of the thousands of bills introduced by legislators survived to become

The most notable item that died during the session was expansion, a policy that would have allowed thousands of to health coverage and potentially give struggling hospitals a needed financial boost. 

But several other pieces of legislation such as early voting and overhauling the way the state restores voting rights to people convicted of certain felony offenses also died during the session. 

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Unless Republican Gov. Tate Reeves calls legislators into a special legislative session, lawmakers will now have to wait until their 2025 session next year to introduce any more legislation this year. 

Here are some other bills that died after the 2024 legislative session adjourned on Saturday:

Judicial redistricting 

House Bill 722 and Senate Bill 2771 would have redrawn the state's circuit and chancery court districts, but negotiations stalled between the House and the Senate on adopting a final map.  

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The current court districts have largely remained unchanged for 30 years. Senate Judiciary A Committee Chairman Brice Wiggins, a Republican from Pascagoula who was the Senate's negotiator, believed the Legislature should use population data and the number of active court cases in each district to substantively redraw them. 

Wiggins sent the House a plan that passed the Senate 32-13. But the House didn't agree to the Senate plan, and it did not reveal its own redistricting proposal. 

House Judiciary B Chairman Kevin Horan, a Republican from Grenada and the main House negotiator, said he wanted to agree on a plan this year, but he thought there were too many stakeholders, such as judges, whom he believed did not have their opinions considered in how the new districts should look. 

“This issue is too important for them to not have their voices heard,” Horan said. 

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Both committee told Mississippi Today they intend to conduct hearings in the summer or the fall to hear from judges, district attorneys and officials from the Administrative Office of Courts on what metrics should be considered for new districts. 

Lawmakers have until 2025 to agree on a set of new maps. If the two chambers cannot reach a compromise by early next year, Chief Justice Michael Randolph will be tasked with redrawing the new chancery and circuit court districts. 

Mobile sports betting 

House Bill 774, the Mississippi Mobile Sports Wagering Act, would have legalized mobile sports betting and allowed Mississippi to join more than two dozen other states where the practice is legal. 

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Sports wagering has been legal in Mississippi for years, but online betting has remained illegal in part from fears the move could erode profits of the state's brick and mortar casinos located along the Mississippi and the Gulf Coast.

The initial proposal would have required betting companies to contract with casinos, but some lawmakers raised concerns that the legislation did not offer any incentives for major betting companies to partner with smaller casinos. 

The two chambers passed different versions of the same bill, and they couldn't reach an accord during the conference committee process. 

Senate Gaming Chairman David Blount, a Democrat from Jackson, told Mississippi Today that there was division among casino owners on how the legislation would impact physical casinos and their employees and offered little protection for people who struggle with gambling addiction. 

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Blount said he hopes casino owners and lawmakers will continue to discuss the issue during the off season and debate the issue more next year.  

Replacing Mississippi's white supremacist statues in Washington

Senate Bill 2231 and House Concurrent Resolution 12 would have replaced Mississippi's statutes of J.Z. George and , two white supremacists, in the U.S. Capitol in Washington. 

Other Southern states such as Alabama, Florida and Arkansas, have replaced their statues of white supremacists, but Mississippi remains the only state in the nation with two Confederate leaders in the National Statuary Hall Collection in Washington. 

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Federal law allows for states to replace their statues, but a majority of lawmakers in both legislative chambers must vote to approve the replacement, and the state is required to pay for the costs of replacing the statues.

House Rules Chairman Fred Shanks, a Republican from Brandon, previously said he did not know much about the National Statuary Hall Collection, but that he would study the issue. 

Early voting 

Senate Bill 2580 would have established in-person early voting and let Mississippi join 47 other states that authorize the practice in some form.

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The bill would have allowed 15 days of no-excuse early voting before election day and required voters to submit a valid photo ID to cast a ballot. It would have replaced in-person absentee voting. 

The bill passed the Senate overwhelmingly, but House Elections Chairman Noah Sanford, a Republican from Collins, said he received concerns about the proposal from some county circuit clerks, the local officials who administer elections. 

Instead, Sanford said he would like to conduct some hearings in the summer or fall to examine the issue further and allow circuit clerks and others to present information. He said that after the hearings he would be more open to passing early voting legislation. 

Restoring a ballot initiative 

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For the third straight year, lawmakers could not agree on a way to restore Mississippi's ballot initiative process. 

House Concurrent Resolution 11 and Senate Bill 2770 would have created a process for voters to bypass lawmakers and place issues directly on a statewide ballot for consideration. The process would only allow voters to amend laws and not the constitution. 

The House passed a proposal that would have created an initiative process that  organizers to gather signatures from 8% of the number of registered voters during the last governor's race, which the Secretary of State's office estimated to be around 166,000.

Senate leaders proposed a plan that would have required petitions to gather signatures from  10% of the registered voters from the last presidential election – more than 200,000 signatures of registered voters – to place an issue on the ballot. The Senate chamber rejected that proposal. 

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Both the House and Senate plans would have restricted voters from considering any initiative related to abortion. 

Mississippians have not had an initiative process since 2021, when the Mississippi Supreme Court ruled it invalid because of a technicality over the state's congressional districts. 

Felony suffrage overhaul 

House Bill 1609 would have automatically restored voting rights to people convicted of nonviolent felony offenses, as long as they had not committed another felony within five years of completing the terms of their sentence. 

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The legislation passed the House by a bipartisan majority, but Senate Constitution Chairwoman Angela Hill killed the measure by not bringing it up for a vote. 

Under the Mississippi Constitution, people convicted of any of 10 felonies — including perjury, arson and bigamy — lose their voting rights for . A 2009 opinion from the Mississippi Attorney General's Office expanded the list of disenfranchising felonies to 22.

The constitutional provision stems from Jim Crow-era policy where the framers of the 1890 constitution chose disenfranchising crimes thought to be more likely committed by Black people.  

Mississippi is one of only a handful of states that does not automatically restore voting rights to people who complete their sentences. Instead, two-thirds of lawmakers in both chambers must agree to restore the suffrage to individuals in a piecemeal fashion.  

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Bill increasing tax credits for private schools defeated at end of session

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mississippitoday.org – Bobby Harrison – 2024-05-07 04:12:00

Legislation that would have increased the proceeds from tax credits available to private schools died a quiet late in the just-completed 2024 .

The proposal to increase the tax credits available through the 's Promise Act was defeated in the 52-member Senate with 21 yes votes and 16 no votes. Since the proposal dealt with taxation, it needed a three-fifths majority to pass.

Since 2020, private schools have been receiving money through the tax credits with limited state scrutiny or accountability, according to the Department of Revenue, which certifies schools that can participate in the program.

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In response to written requests from legislators, the Department of Revenue recently reported, “DOR does not know how the funds were used.”

When asked the number of children served through the Children's Promise Act, DOR said, “This information may be provided with the original application but is not updated annually or maintained by DOR.”

In the original application, “DOR reviews the information provided and issues a letter ruling advising whether they qualify or not.  The original request is covered under confidentiality statues.”

Under the Children's Promise Act, a person or corporation can make a donation to one of the private schools certified by the Department of Revenue and a dollar-for-dollar tax credit for up to 50% of the donor's state tax liability.

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The maximum a private school currently can receive through the program is $405,000 a year.

The program was initiated in 2019 and billed as a mechanism to additional money to non-profits that care for foster children. But a provision to provide tax credits to private schools was tucked into the bill.

Currently under the a total of $9 million a year in tax credit money can be doled out to private schools.

Original legislation filed during the 2024 session by House Ways and Means Chairman Trey Lamar, R-Senatobia, would have significantly increased the amount of the tax credit money the private schools could have received.  The original House plan would add another $6 million for the current year and then would reach a total of $24 million for 2025.

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But in negotiations with Senae during the final days of the session, an agreement was reached where the private schools would have been able to receive an additional $3 million, for a total of $12 million. But that compromise was voted down in the Senate. After it was defeated in the Senate, Lamar did not bring up the compromise for a vote in the House.

Under the current law, private schools are eligible for the tax credits if they educate:

  • Children in the foster care system.
  • Children who have a chronic illness or physical, intellectual, developmental or emotional disability.
  • Children eligible for or reduced meals.

Nancy Loome, executive director of the Campaign, said technically if the school has one student with a speech impediment, for instance, it could receive the tax credit money.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Read Mississippi Today’s Pulitzer Prize finalist series ‘’Unfettered Power: Mississippi Sheriffs”

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Mississippi 's “Unfettered Power: Mississippi Sheriffs” investigation has been named a finalist for the 2024 Pulitzer Prize for Local .

The 2023 investigation from the Mississippi Center for Investigative Reporting at and The New York Times' Local Investigations Fellowship revealed how Mississippi sheriffs rule like kings, wielding vast power, exploiting and abusing the very people they are called to protect with no one stopping them.

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The seven-part 2023 , which has continued into 2024, included new details about the Rankin County “Goon Squad.”

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Click the links below to read the Pulitzer Prize-recognized series.

Sex Abuse, Beatings and an Untouchable Mississippi Sheriff

Where the Sheriff is King, These Women Say He Coerced Them Into Sex

New Evidence Raises Questions in Controversial Mississippi Law Enforcement Killing

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The Sheriff, His Girlfriend and His Illegal Subpoenas

How a ‘Goon Squad' of Deputies Got Away With Years of Brutality

Days After Rankin's ‘Goon Squad' Tortured Two Men, Supervisors Gave the Sheriff a Pay Boost

Who Investigates the Sheriff? In Mississippi, Often No One.

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READ MORE: The complete “Unfettered Power: Mississippi Sheriffs” series

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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