47-5-803 - Procedure constitutes administrative remedies available to offenders for purpose of preserving cause of action against state. - Mississippi Statutes

§ 47-5-803. Procedure constitutes administrative remedies available to offenders for purpose of preserving cause of action against state.
 

(1)  Upon approval of the administrative review procedure by a federal court as authorized and required by the Civil Rights of Institutionalized Persons Act, and the implementation of the procedure within the department, this procedure shall constitute the administrative remedies available to offenders for the purpose of preserving any cause of action such offenders may claim to have against the State of Mississippi, the Department of Corrections or its officials or employees. 

(2)  No state court shall entertain an offender's grievance or complaint which falls under the purview of the administrative review procedure unless and until such offender shall have exhausted the remedies as provided in such procedure. If at the time the petition is filed the administrative review process has not yet been completed, the court shall stay the proceedings for a period not to exceed ninety (90) days to allow for completion of the procedure and exhaustion of the remedies thereunder. 
 

Sources: Laws,  1989, ch. 563, § 2, eff from and after July 1, 1989.