Mississippi Today
Mississippi prisons may soon exceed capacity
Mississippi prisons may soon exceed capacity
Mississippi — the world’s leader in imprisoning people — will soon skyrocket past its capacity to hold them all.
In just 10 months, the state’s prison population has exploded, rising almost twice as fast as inflation. If this rate persists, the Mississippi Department of Corrections would exceed its listed capacity of 20,443 over the next several months.
Eldon Vail, an inspector of Mississippi prisons in recent years, called the alarming rate “pouring gasoline on a top of a fire that is already raging.”
Between 1993 and 2013, the state’s prison population more than quadrupled, thanks largely to mandatory minimum sentences, with the population peaking in the past decade at more than 23,000. That prompted a push for reforms that included House Bill 585, which then Republican Gov. Phil Bryant signed into law in 2014.
In the years since, reforms and an aggressive Parole Board reduced the number of inmates. By 2016, Mississippi had fallen into third place in per capita imprisonment, trailing Louisiana and Oklahoma.
Five years later, additional reform took place with the passage of the Mississippi Earned Parole Eligibility Act, which gave thousands more inmates the opportunity to go before the Parole Board. By Feb. 7, the prison population had fallen to 16,499, the lowest level in two decades.
That fall mirrored the nation, which saw the prison population decline more than 16% in all states but one between 2019 and 2021, according to the Vera Institute of Justice. (The lone holdout? Alaska, which rose 3.6%.)
But under the leadership of new Parole Board Chairman Jeffrey Belk, that trend has reversed itself.
Ten months later, Mississippi’s prison population now exceeds 19,000 in what the Corrections and Criminal Justice Oversight Task Force calls “unprecedented growth.” If this growth continues at the same rate through 2023, that population would surpass 22,500 for the first time since 2010.
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If Mississippi hits that number, taxpayers would be forced to pay $111 million more a year than they were paying in 2020 before the population hike, based on the per-day cost figured by the state’s legislative watchdog, Performance Evaluation and Expenditure Review. That’s more than enough to fund the state Department of Health, the governor’s office and a dozen other state agencies.
“While other states are reducing their prison populations, Mississippi is backsliding, thanks in large part to the actions of the Parole Board,” said Cliff Johnson, director of the MacArthur Justice Center at the University of Mississippi School of Law. “It’s demoralizing. It’s infuriating. And it’s terrible corrections policy.”
The population increase has come, despite the decline in Mississippians sentenced to prison, going from 4,270 in 2018 to 3,189 over the past year, according to the task force’s report.
In an interview, Belk told MCIR that the Parole Board is “not a numbers-driven board.”
Some people want the board to “just blindly parole people and not care if they come back,” he said. “We’re not going to do that.”
For his part, Corrections Commissioner Burl Cain said he isn’t worried about MDOC surpassing capacity, because his agency is creating 660 new spaces inside Mississippi prisons. That includes a move of all female inmates from Central Mississippi Correctional Facility in Pearl to the Delta Correctional Facility in Greenwood.
To curb the rise in prison population, he’s banking on better drug rehabilitation and job training programs to reduce recidivism.
About three-fourths of those behind bars in Mississippi battle drug or alcohol problems or both. Cain said a robust rehabilitation program is now available to 2,700 different inmates.
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While serving as superintendent of the Louisiana Penitentiary at Angola, he established a job training program that resulted in a three-year recidivism rate of 9.4% for those who finished the program compared with 34% for the average inmate, according to the Louisiana Commission on Law Enforcement.
He hopes to replicate that success in Mississippi, where the three-year recidivism rate is about 33% and the five-year rate is 77%, according to the 2022 World Population Review.
So far, “we have about 170 inmates in the program,” with more to come, he said.
Most of the instructors, who are inmates, earn 25 to 30 cents an hour, or about $52 a month, he said. “It gives them a little bit of independence, and it’s really good for morale.”
MDOC’s work release program plays a companion role in this. “We have 23 out of 25 inmates in jobs making $15 an hour,” he said. “They’re not going to come back.”
Senior U.S. District Judge Keith Starrett of Hattiesburg, who chairs Mississippi’s Reentry Council, praised Cain for providing job training, moral training and job certification. “Reducing recidivism saves lives, money, families and communities,” he said.
House Bill 585 sought to reduce prison overcrowding, which the Pew Foundation estimated would save Mississippi $266 million over a decade.
But the lawmakers’ promise to use those savings for corrections programming never took place, Starrett said. “The Legislature looks out for a lot of folks, but prisons and programs that reduce recidivism are way down on their list of priorities.”
The weak link is the follow-up in programming for those leaving prison, he said. “Let’s say somebody is successful in getting drug treatment, getting a GED and getting a job, but the first week on the job, they cuss at their boss and get fired.”
Now the work goes away, “and they get discouraged and start stealing or selling drugs,” he said. “You’ve got to have support, supervision and encouragement.”
The ultimate goal of both law enforcement and corrections is community safety, and the way to make the community safer is to reduce recidivism, he said. “Of those in prison, 98% are coming back into the community. What’s important is what kind of people they are when they come back. You don’t want them coming home and breaking in your mama’s house.”
Hinds County District Attorney Jody Owens II — who worked with the then-governor and lawmakers of both parties to help pass House Bill 585 — questioned the rise in inmates. “Are we safer because we are incarcerating more people?” he asked.
Former Chairman Steve Pickett said his Parole Board had a parole rate of about 60%. That is, six out of 10 inmates eligible for parole were able to go free. Belk puts his board’s rate at about 40%.
In contrast to the past board, the current one regularly sets off parole hearings for inmates for years, sometimes as much as seven years before they’re eligible again.
Belk cited the case of 80-year-old woman Evelun Smith, who has been in prison 31 years. He said she had come up for a parole hearing every six months. This time, the Parole Board set her off five years.
“She was not ‘parole-able,’” Belk said. “She didn’t know the heinousness of her crime.”
In 1991, Smith and her boyfriend, Phillip Beard, were given life sentences for their roles in stabbing to death a 28-year-old woman, Dedra McGill of Brookhaven, who had “snitched” on Beard, according to the McComb Enterprise-Journal. Smith testified that Beard had been plotting to kill McGill before she spoke to a grand jury investigating Beard’s drug dealings.
Smith is also serving a 20-year sentence for armed robbery for the couple using McGill’s car to drive them to Louisiana to dump McGill’s mutilated and burned body.
In addition to the current board granting fewer paroles, Mississippi judges are giving longer sentences, according to the task force report. The average sentence in 2018 was 7.7 years; now it’s 8.9 years. The number of those imprisoned for drug offenses has risen from 38.8% in 2018 to 47.3% over the past six months.
State Public Defender André de Gruy said he doesn’t think anyone, including the Parole Board, “knows what they are doing regarding case plans or presumptive parole. They have never followed 585 on presumptive parole.”
The state’s presumptive parole law allows MDOC to release inmates without a parole hearing if they satisfy their case plans.
“Under this program, we tell people exactly what is expected of them when they enter prison, and we reward them when they meet those expectations,” Johnson said. “Our Republican-led Legislature wisely passed the law almost a decade ago, and it has never worked like it is supposed to.”
In a 2021 report, PEER, the state lawmakers’ watchdog, concluded that the Parole Board conducted 274 unnecessary hearings for offenders who qualified for this presumptive parole.
Belk said that was PEER’s “nice way of saying they [the Parole Board and MDOC] weren’t doing it.”
He and Cain are now working to make presumptive parole a reality. That will start with creating a case plan, which will capture education levels, job skills and needs, such as alcohol or drug addictions, when an inmate enters prison, Belk said.
That plan will detail programs for the inmate to take part in, such as getting a GED, developing job skills or taking part in a recovery program, he said. If inmates complete those plans, “there’s no reason why the majority of those can’t be paroled,” he said.
If an inmate rejects chances to improve, it’s better for that inmate to wait, Belk said. “Call it tough love. Sometimes the best thing to do is not parole.”
In fact, he said, some inmates have asked the board to revoke their parole so that they could get six months of intensive drug and alcohol treatment at Walnut Grove Correctional Facility.
Ashley Lukens, president of Mississippi Dreams Prisoner Advocacy, said one major problem is inmates often can’t take classes and programs because of shortages in both correctional officers and case managers.
Since Belk took over as chairman, the Parole Board has increased the number of parole revocations from 1,949 in 2018 to an estimated 2,496 for 2022; the percentage of time served by inmates has risen from 53.5% in 2021 to 60.1% in the last quarter.
To stem this tide, de Gruy suggested the board and judges better utilize Technical Violation Centers. “A lot of people are going to prison for failure to pay fines, fees and assessments. It’s unconstitutional to send someone to prison who can’t pay.”
There needs to be reinvestment, including housing, transportation to jobs for those paroled and improvements in mental health, he said. “We need to relieve the financial burdens because 80% of people entering at arrest can’t afford a lawyer. We then add more and more financial burdens at every step of the process.”
Beyond these issues, there is the question of how many more inmates the Mississippi Department of Corrections can handle.
At the State Penitentiary at Parchman, the department has had to add bunks in order to have enough beds for inmates to sleep. Inmates in Unit 30 told MCIR they now have 104 people, but only three showers, six urinals, five toilets and five sinks.
All this is happening at the same time the department is struggling to hire and retain correctional officers, despite pay raises in recent years. MDOC officials say one of the biggest problems has been retention.
In 2014, the department had 1,591 correctional officers, according to the state Personnel Board. Today, that number is less than 1,000, even though the state is now operating two additional prisons: Walnut Grove Correctional Facility and Marshall County Correctional Facility.
Pickett, who chaired the Parole Board between 2013 and 2021, called the current correctional officer-to-inmate ratio “dangerously low.” So are the case manager numbers, he said.
“We have to accept our failure to invest in good criminal justice public policy,” he said. “We can’t keep pushing the failures back onto local police and county jails and expecting a different outcome.”
Cain said he hopes to solve this shortage through a pay raise for starting correctional officers, beginning Jan. 1. It’s a raise the Personnel Board has already approved.
Will the new pay raise succeed where the old ones failed? For years, starting officers earned $24,900 before the pay rose to $27,149. After Cain arrived in 2020, he convinced lawmakers to boost the starting salary, which is now $36,720. Despite that, MDOC continues to struggle with retaining workers. Cain hopes the newest raise to $40,248 does the trick.
Vail said in recent years, he has witnessed staffing levels so low inside Parchman and East Mississippi Correctional Facility that there wasn’t even a single officer to watch units holding prisoners of 100 or more.
“When that is the case, the vacuum of power and control is ceded to the prisoner population in the form of gangs,” said Vail, who served as corrections secretary for the state of Washington.
In an April report, Justice Department officials criticized “gross understaffing” at Parchman and “uncontrolled gang activity,” which leads to “an environment rife with weapons, drugs, gang violence and extortion. … MDOC officials have long known about these unsafe prison conditions, but have continually failed to correct the conditions.”
In recent months, Parchman has seen a new wave of violence.
On Sept. 26, inmate Richard Weems, who was serving 25 years for armed robbery and 25 years for kidnapping out of Madison County, was killed by blunt force trauma to his head.
Two weeks later, inmate Markeith Williams, who was serving a 25-year sentence for armed robbery out of Grenada County, was stabbed to death in Parchman’s Unit 29, which has a long history of violence, including the killings of three inmates in a 2019-2020 riot.
Despite having the highest incarceration rate in the nation, Mississippi spends less per inmate than any other state.
“Lack of adequate funding is the primary reason for the extraordinary levels of violence and death in the Mississippi Department of Corrections,” Vail said.
Whatever momentum there might have been to parole more people from prison may have been undone by the case of Frederick Bell, whom the Parole Board voted to release under supervision after he served 31 years behind bars for the 1991 killing of a 21-year-old clerk during a store robbery. He also pleaded guilty to killing a 20-year-old man in Memphis.
Bell committed the crimes when he was 19, and now he serves as a mentor, teacher and pastor behind bars.
In August, the Parole Board concluded that he had been rehabilitated and voted to free him, but when criticism followed, the board reversed its decision — just hours before he was slated to walk out the doors of Parchman prison.
Brandon Jones, director of political campaigns for the Southern Poverty Law Center, criticized Mississippi’s “terrible thicket of sentencing laws,” which include “one of the most unforgiving habitual offender arrangements in the world.”
This means thousands of Mississippians held behind bars have “no path to parole at all,” he said. “There needs to be more reasonable paths to parole and a Parole Board that sees the value in second chances.”
Email Jerry.Mitchell@MississippiCIR.org. You can follow him on Facebook, Twitter or Instagram.
This story was produced by the Mississippi Center for Investigative Reporting, a nonprofit news organization that is exposing wrongdoing, educating and empowering Mississippians, and raising up the next generation of investigative reporters. Sign up for our newsletter.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Memorial Health System takes over Biloxi hospital, what will change?
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by Justin Glowacki with contributions from Rasheed Ambrose, Javion Henry, McKenna Klamm, Matt Martin and Aidan Tarrant
BILOXI – On Feb. 1, Memorial Health System officially took over Merit Health Biloxi, solidifying its position as the dominant healthcare provider in the region. According to Fitch Ratings, Memorial now controls more than 85% of the local health care market.
This isn’t Memorial’s first hospital acquisition. In 2019, it took over Stone County Hospital and expanded services. Memorial considers that transition a success and expects similar results in Biloxi.
However, health care experts caution that when one provider dominates a market, it can lead to higher prices and fewer options for patients.
Expanding specialty care and services
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One of the biggest benefits of the acquisition, according to Kristian Spear, the new administrator of Memorial Hospital Biloxi, will be access to Memorial’s referral network.
By joining Memorial’s network, Biloxi patients will have access to more services, over 40 specialties and over 100 clinics.
“Everything that you can get at Gulfport, you will have access to here through the referral system,” Spear said.
One of the first improvements will be the reopening of the Radiation Oncology Clinic at Cedar Lake, which previously shut down due to “availability shortages,” though hospital administration did not expand on what that entailed.
“In the next few months, the community will see a difference,” Spear said. “We’re going to bring resources here that they haven’t had.”
Beyond specialty care, Memorial is also expanding hospital services and increasing capacity. Angela Benda, director of quality and performance improvement at Memorial Hospital Biloxi, said the hospital is focused on growth.
“We’re a 153-bed hospital, and we average a census of right now about 30 to 40 a day. It’s not that much, and so, the plan is just to grow and give more services,” Benda said. “So, we’re going to expand on the fifth floor, open up more beds, more admissions, more surgeries, more provider presence, especially around the specialties like cardiology and OB-GYN and just a few others like that.”
For patient Kenneth Pritchett, a Biloxi resident for over 30 years, those changes couldn’t come soon enough.
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Pritchett, who was diagnosed with congestive heart failure, received treatment at Merit Health Biloxi. He currently sees a cardiologist in Cedar Lake, a 15-minute drive on the interstate. He says having a cardiologist in Biloxi would make a difference.
“Yes, it’d be very helpful if it was closer,” Pritchett said. “That’d be right across the track instead of going on the interstate.”
Beyond specialty services and expanded capacity, Memorial is upgrading medical equipment and renovating the hospital to improve both function and appearance. As far as a timeline for these changes, Memorial said, “We are taking time to assess the needs and will make adjustments that make sense for patient care and employee workflow as time and budget allow.”
Unanswered questions: insurance and staffing
As Memorial Health System takes over Merit Health Biloxi, two major questions remain:
- Will patients still be covered under the same insurance plans?
- Will current hospital staff keep their jobs?
Insurance Concerns
Memorial has not finalized agreements with all insurance providers and has not provided a timeline for when those agreements will be in place.
In a statement, the hospital said:
“Memorial recommends that patients contact their insurance provider to get their specific coverage questions answered. However, patients should always seek to get the care they need, and Memorial will work through the financial process with the payers and the patients afterward.”
We asked Memorial Health System how the insurance agreements were handled after it acquired Stone County Hospital. They said they had “no additional input.”
What about hospital staff?
According to Spear, Merit Health Biloxi had around 500 employees.
“A lot of the employees here have worked here for many, many years. They’re very loyal. I want to continue that, and I want them to come to me when they have any concerns, questions, and I want to work with this team together,” Spear said.
She explained that there will be a 90-day transitional period where all employees are integrated into Memorial Health System’s software.
“Employees are not going to notice much of a difference. They’re still going to come to work. They’re going to do their day-to-day job. Over the next few months, we will probably do some transitioning of their computer system. But that’s not going to be right away.”
The transition to new ownership also means Memorial will evaluate how the hospital is operated and determine if changes need to be made.
“As we get it and assess the different workflows and the different policies, there will be some changes to that over time. Just it’s going to take time to get in here and figure that out.”
During this 90-day period, Erin Rosetti, Communications Manager at Memorial Health System said, “Biloxi employees in good standing will transition to Memorial at the same pay rate and equivalent job title.”
Kent Nicaud, President and CEO of Memorial Health System, said in a statement that the hospital is committed to “supporting our staff and ensuring they are aligned with the long-term vision of our health system.”
What research says about hospital consolidations
While Memorial is promising improvements, larger trends in hospital mergers raise important questions.
Research published by the Rand Corporation, a nonprofit, nonpartisan research organization, found that research into hospital consolidations reported increased prices anywhere from 3.9% to 65%, even among nonprofit hospitals.
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The impact on patient care is mixed. Some studies suggest merging hospitals can streamline services and improve efficiency. Others indicate mergers reduce competition, which can drive up costs without necessarily improving care.
When asked about potential changes to the cost of care, hospital leaders declined to comment until after negations with insurance companies are finalized, but did clarify Memorial’s “prices are set.”
“We have a proven record of being able to go into institutions and transform them,” said Angie Juzang, Vice President of Marketing and Community Relations at Memorial Health System.
When Memorial acquired Stone County Hospital, it expanded the emergency room to provide 24/7 emergency room coverage and renovated the interior.
When asked whether prices increased after the Stone County acquisition, Memorial responded:
“Our presence has expanded access to health care for everyone in Stone County and the surrounding communities. We are providing quality healthcare, regardless of a patient’s ability to pay.”
The response did not directly address whether prices went up — leaving the question unanswered.
The bigger picture: Hospital consolidations on the rise
According to health care consulting firm Kaufman Hall, hospital mergers and acquisitions are returning to pre-pandemic levels and are expected to increase through 2025.
Hospitals are seeking stronger financial partnerships to help expand services and remain stable in an uncertain health care market.
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Source: Kaufman Hall M&A Review
Proponents of hospital consolidations argue mergers help hospitals operate more efficiently by:
- Sharing resources.
- Reducing overhead costs.
- Negotiating better supply pricing.
However, opponents warn few competitors in a market can:
- Reduce incentives to lower prices.
- Slow wage increases for hospital staff.
- Lessen the pressure to improve services.
Leemore Dafny, PhD, a professor at Harvard and former deputy director for health care and antitrust at the Federal Trade Commission’s Bureau of Economics, has studied hospital consolidations extensively.
In testimony before Congress, she warned: “When rivals merge, prices increase, and there’s scant evidence of improvements in the quality of care that patients receive. There is also a fair amount of evidence that quality of care decreases.”
Meanwhile, an American Hospital Association analysis found consolidations lead to a 3.3% reduction in annual operating expenses and a 3.7% reduction in revenue per patient.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Adopted people face barriers obtaining birth certificates. Some lawmakers point to murky opposition from judges
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When Judi Cox was 18, she began searching for her biological mother. Two weeks later she discovered her mother had already died.
Cox, 41, was born in Gulfport. Her mother was 15 and her father didn’t know he had a child. He would discover his daughter’s existence only when, as an adult, she took an ancestry test and matched with his niece.
It was this opaque family history, its details coming to light through a convergence of tragedy and happenstance, that led Cox to seek stronger legal protections for adopted people in Mississippi. Ensuring adopted people have access to their birth certificates has been a central pillar of her advocacy on behalf of adoptees. But legislative proposals to advance such protections have died for years, including this year.
Cox said the failure is an example of discrimination against adopted people in Mississippi — where adoption has been championed as a reprieve for mothers forced into giving birth as a result of the state’s abortion ban.
“A lot of people think it’s about search and reunion, and it’s not. It’s about having equal rights. I mean, everybody else has their birth certificate,” Cox said. “Why should we be denied ours?”
Mississippi lawmakers who have pushed unsuccessfully for legislation to guarantee adoptees access to their birth certificate have said, in private emails to Cox and interviews with Mississippi Today, that opposition comes from judges.
“There are a few judges that oppose the bill from what I’ve heard,” wrote Republican Sen. Angela Hill in a 2023 email.
Hill was recounting opposition to a bill that died during the 2023 legislative session, but a similar measure in 2025 met the same fate. In an interview this month, Hill said she believed the political opposition to the legislation could be bound up with personal interest.
“Somebody in a high place doesn’t want an adoption unsealed,” Hill said. “I don’t know who we’re protecting from somebody finding their birth parents,” Hill said. “But it leads you to believe some people have a very strong interest in keeping adoption records sealed. Unless it’s personal, I don’t understand it.”
In another 2023 email to Cox reviewed by Mississippi Today, Republican Rep. Lee Yancey wrote that some were concerned the bill “might be a deterrent to adoption if their identities were disclosed.”
The 2023 legislative session was the first time a proposal to guarantee adoptees access to their birth certificates was introduced under the state’s new legal landscape surrounding abortion.
In 2018, Mississippi enacted a law that banned most abortions after 15 weeks. The state’s only abortion clinic challenged the law, and that became the case that the U.S. Supreme Court used in 2022 to overturn Roe v. Wade, its landmark 1973 ruling that established a nationwide right to abortion.
Roe v. Wade had rested in part on a woman’s right to privacy, a legal framework Mississippi’s Solicitor General successfully undermined in Dobbs v. Jackson Women’s Health Organization. Before that ruling, anti-abortion advocates had feared allowing adoptees to obtain their birth certificates could push women toward abortion rather than adoption.
Abortion would look like a better option for parents who feared future contact or disclosure of their identities, the argument went. With legal access to abortion a thing of the past in Mississippi, Cox said she sees a contradiction.
“Mississippi does not recognize privacy in that matter, as far as abortions and all that. So if you don’t acknowledge it in an abortion setting, how can you do it in an adoption setting?” Cox said. “You can’t pick and choose whether you’re going to protect my privacy.”
Opponents to legislation easing access to birth certificates for adoptees have also argued that such proposals would unfairly override previous affidavits filed by birth parents requesting privacy.
The 2025 bill, proposed by Republican Rep. Billy Calvert, would direct the state Bureau of Vital Records to issue adoptees aged 21 and older a copy of their original birth certificate.
The bill would also have required the Bureau to prepare a form parents could use to indicate their preferences regarding contact from an adoptee. That provision, along with existing laws that guard against stalking, would give adoptees access to their birth certificate while protecting parents who don’t wish to be contacted, Cox said.
In 2021, Cox tried to get a copy of her birth certificate. She asked Lauderdale County Chancery Judge Charlie Smith, who is now retired, to unseal her adoption records. The Judge refused because Cox had already learned the identity of her biological parents, emails show.
“With the information that you already have, Judge Smith sees no reason to grant the request to open the sealed adoption records at this time,” wrote Tawanna Wright, administrator for the 12th District Chancery Court in Meridian. “If you would like to formally file a motion and request a hearing, you are certainly welcome to do so.”
In her case and others, judges often rely on a subjective definition of what constitutes a “good cause” for unsealing records, Cox said. Going through the current legal process for unsealing records can be costly, and adoptees can’t always control when and how they learn the identity of their biological parents, Cox added.
After Cox’s biological mother died, her biological uncle was going through her things and came across the phone number for Cox’s adoptive parents. He called them.
“My adoptive mom then called to tell me the news — just hours after learning I was expecting my first child,” Cox said.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Forty years after health official scaled fence in Jackson to save malnourished personal care home residents, unchecked horrors remain
Neighbors could hear yelps from inside a 10-by-10-foot shed behind a house on Grand Avenue in west Jackson on an October afternoon in 1982.
The location was a known unlicensed personal care home — facilities meant to care for adults, often with mental illness, who cannot live on their own, but which have never been regulated by any state agency.
Local police said they couldn’t enter without a warrant and called Mendal Kemp, then-chief of licensing for the Mississippi State Care Commission, the precursor to the Mississippi State Department of Health.
Kemp arrived and, finding the property locked, borrowed a ladder from a neighbor and scaled an eight-foot wooden fence.
He made it past two vicious guard dogs, opened the storage room door and found eight severely emaciated individuals sitting on a cot and on the floor around the dark, unlit room. There was no running water or electricity, and the owner had given the residents a bucket to use as a bathroom. One had sores all over his back, another was completely blind.
Kemp, his colleague from the Mississippi Department of Mental Health named Janne Patterson Swearengen and others spent four hours at the scene rescuing the individuals, who were transported to licensed facilities.
But the health officials were no strangers to these conditions. A few years earlier, the U.S. Supreme Court found state mental health hospitals could no longer hold nondangerous patients against their will, and thousands of patients from the nearby Mississippi State Hospital wound up in Jackson.
To answer, unlicensed personal care homes started cropping up, especially along West Capitol Street in large multi-story houses that had otherwise been abandoned, absent safety assurances like fire extinguishers or appropriate staffing.
“We couldn’t license them. So what do you do?” Kemp told Mississippi Today in a recent interview. “They couldn’t comply with any kind of standards. And these people were so helpless. They had been treated like dogs — ‘go lay down, stay in your room, don’t do this’ — and they’d been institutionalized for all this time, so they obeyed.”
Kemp’s office often received anonymous complaints about these facilities. His workers would go door to door and issue letters: get a license or close down.
“We’d go back, it’d be an empty house. She’d just moved down the street,” Kemp said.
The Grand Avenue discovery by Kemp and his colleagues made national news, resulted in the creation of the Coalition of Boarding Homes, and led to the passage of the Vulnerable Persons Act in 1986, which strengthened laws around protecting abused or neglected vulnerable adults.
READ MORE: In a city without a plan, anti-public sleeping bills pop up at Jackson City Hall and state Capitol
Forty years later, an underground network of unlicensed personal care homes in Jackson — and the horrors perpetuated against vulnerable residents living in some of them — persists.
In 2010, a woman living in an unlicensed personal care home in west Jackson died of hypothermia after being kept in a room with no heat and a broken window. In 2017, the health department raided three illegally-operating homes, finding that residents were living with no heat, toilets or bed linens, according to news reports. That home operator still has an active home health care business license. In 2021, three residents died after a man set fire to another unlicensed personal care home in north Jackson.
In January, Disability Rights Mississippi, a nonprofit and the state’s designated legal advocacy agency for people with disabilities, released a report detailing widespread misconduct in the industry of unlicensed personal care homes across Mississippi, where, unlike in other states, these facilities “have the ability to comfortably engage in illegal practices without the threat of licensing agencies penalizing them.”
State law requires that any home caring for more than four individuals not related to the homeowner be licensed by the Mississippi State Department of Health, adhering to a set of often costly safety requirements and inspections. Residents of these homes typically don’t need the level of care offered by a nursing home, but still need assistance to stay fed and bathed, take medicine, or get to and from appointments.
The health department licenses 11 of these homes in Jackson, according to an agency directory — down from 17 in 2017, according to the Clarion Ledger. The health department said in that time, smaller homes have been replaced with larger ones, so the reduction only accounts for a net loss of 15 beds.
Then there are unlicensed homes operating legally with fewer than four residents and those operating illegally with more than four residents – same as forty years ago. Disability Rights found that some owners try to skirt this rule, such as by placing residents in tents on their property, “to claim that only three people are ‘actually inside the house.’”
The Legislature saw a bill this session to get rid of this distinction, requiring homes with any patients to be licensed, but it quickly died.
There’s no way of knowing for sure how many of these homes are operating under the radar, but Disability Rights estimates there could be two to three times as many unlicensed homes as licensed.
Individuals living in these facilities often have nowhere else to go. They sometimes sign over their monthly SSI checks, $900 of federal assistance for people with disabilities and often their only income, to the homeowner in exchange for paltry services and little to no allowance. Disability Rights found a home caring for six individuals pulling $4,800 per month in rent, far above the market value for the property, and it did not have a smoke detector or sprinkler system.
“Operating these homes does cost money, but the inconsistency and lack of oversight for ensuring residents are receiving adequate care and provisions, after handing over most or the entirety of their limited funds, creates a breeding ground for financial exploitation,” the Disability Rights report reads.
Aurora Baugh, who spent most of her career at the Department of Mental Health, retiring several years ago as the Coordinator of the Division of Recovery and Resiliency, said her agency long quit discharging folks from the mental hospitals to unlicensed personal care homes — but low housing stock is one of the sector’s largest challenges. The agencies that transition people from institutions to the community, like the Department of Mental Health, but also the Department of Corrections, have a stake in the conditions of these facilities.
“They’re the ones who make the difference if people go to licensed or unlicensed, but if you only have (11 in Jackson), what are you going to do? Put them in a hotel?” Baugh said.
And to make matters more complicated, some residents may prefer the lax rules offered in the unlicensed homes, such as the ability to come and go as they please or smoke cigarettes, as opposed to strict conditions in place at some licensed facilities or nursing homes.
“They wanted the freedom, you know, after being housed (in hospitals) for so many years,” Swearengen said.
In exchange, the Disability Rights report identified what residents inside some of these homes are enduring: plastic coverings or boarded up windows, deadbolted doors, no electricity, exposed wiring, bathrooms ill-equipped for disabled residents, no washer, dryer or stoves, locked food pantries and improper cooling and heating to the point where one resident’s body temperature decreased to 78 degrees. Disability Rights found residents that had not been bathed, wearing the same clothes for days, and residents receiving only one meal a day.
Typically, the conditions inside these facilities aren’t brought to light until an incident involving law enforcement occurs or someone makes a complaint, like in the case of Grand Avenue in 1982.
But licensing officials aren’t exactly scaling fences today.
Frances Fair, director of health facility licensure and certification at the Mississippi State Department of Health, said the department’s surveyors – “current day superheroes” – hit the streets every week in tough circumstances to examine conditions and investigate complaints inside the homes licensed by the department.
“But we do need to do it legally, within the framework of our authority,” Fair said, which does not include the same treatment for unlicensed homes.
When the health department receives word of a home operating illegally, Fair said it turns the information over to the Office of the Attorney General, whose responsibility she said it is to investigate.
Michelle Williams, chief of staff for Mississippi Attorney General Lynn Fitch, said the office has received at least 10 of these complaints from the health department since January of 2024, and that the office does investigate in these instances to determine if abuse, neglect of exploitation is occurring. But Williams also said a home simply operating without a license isn’t a crime, that the attorney general’s office doesn’t pursue licensure, and the health department should seek administrative relief in those cases.
The AG’s office investigates thousands of cases of alleged adult abuse, neglect or exploitation each year — most of which do not rise to the level of criminal prosecution — but Williams said the office does not capture data to show how many of those incidents occurred inside personal care homes, licensed or unlicensed.
In the gap, Disability Rights has taken the steps it can, filing civil court complaints to force illegal homes in Jackson to become licensed or close down: four in 2022 and one in 2024.
“Even when these homes are closed, there are no safeguards in place to prevent operators from reopening a new UPCH (unlicensed personal care home) in a different location, leaving residents vulnerable to continued exploitation and neglect,” reads the Disability Rights report.
Fair said solving the issue of predatory unlicensed personal care home owners will require stakeholders to “follow the money.” In the case of residents signing over their SSI checks to the personal care homes, the business owners become the official “representative payee” in the federal government’s records.
“As long as people can make money off of vulnerable adults and say they’re going to take care of somebody, but then they take their checks and commingle those funds with their own personal funds and there’s not a lot of oversight on that, then that can be a problem,” Fair said.
Fair said several agencies have a role to play, such as the U.S. Social Security Administration, which administers the funds ultimately going to these business owners and should be auditing to ensure residents are treated fairly.
The descriptions of the unlicensed homes found today in Mississippi — “inhumane living conditions”, “neglect by other residents and staff”, “unsafe, unsanitary, and uncaring” — mirror language from Kemp’s old papers.
“They were in deplorable conditions and in great need of attention,” Kemp wrote after the incident on Grand Avenue, according to an Oct. 20, 1982, Mississippi Health Care Commission memo obtained by Mississippi Today.
“Things must be a lot better,” Kemp mused during his interview with Mississippi Today.
“I don’t know that they’re better,” Swearengen, his former colleague, responded.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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