MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Penitentiary

By: Representatives Ellis, Coleman (29th)

AN ACT TO AMEND SECTION 47-5-54, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COMMISSIONER OF CORRECTIONS TO APPOINT INVESTIGATORS WITH THE INTERNAL AUDIT DIVISION TO INVESTIGATE AND ENFORCE ALL STATE LAWS RELATED TO THE FUNCTIONS OF THE DEPARTMENT AND TO INVESTIGATE AND ENFORCE ALL STATE LAWS IN PRIVATE PRISONS UNDER CONTRACT WITH THE DEPARTMENT OF CORRECTIONS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 47-5-54, Mississippi Code of 1972, is amended as follows:

47-5-54. Employees assigned to the canine unit of the department may, upon request, assist law enforcement agencies by using specially trained dogs in any matter relating to the tracking, discovery or capture of any person in the enforcement of criminal statutes pertaining to the possession, sale or use of narcotics or other dangerous drugs, or in the pursuit of suspected felons and, while so doing, shall have the status of peace officers anywhere in the state and shall have the status of law enforcement officers and peace officers as contemplated by Sections 45-6-3, 97-3-7 and 97-3-19.

Employees of the department while performing their officially assigned duties relating to the custody, control, transportation, recapture or arrest of any offender within the jurisdiction of the department or any offender of any jail, penitentiary, public workhouse or overnight lockup of the state or any political subdivision thereof not within the jurisdiction of the department, shall have the status of peace officers anywhere in the state in any matter relating to the custody, control, transportation or recapture of such offender, and shall have the status of law enforcement officers and peace officers as contemplated by Sections 97-3-7 and 97-3-19.

The commissioner may appoint investigators with the internal audit division who have been certified by the law enforcement academy and who shall be empowered to investigate and enforce all state laws related to the functions and missions of the department and who shall be empowered to investigate and enforce all state laws in private prisons under contract with the department. These employees shall have the status of law enforcement officers and peace officers as contemplated by Sections 45-6-3, 97-3-7 and 97-3-19.

These officers shall be under the supervision of the commissioner. These officers shall perform any service of process required to be performed at any facility owned by the Department of Corrections.

The commissioner may promulgate rules regulating the speed of motor vehicles on roads within the grounds of any correctional facility and such restrictions may be enforced by employees of the department by citation or as otherwise prescribed by law.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.