MISSISSIPPI LEGISLATURE

1998 Regular Session

To: County Affairs

By: Senator(s) Lee

Senate Bill 2334

(As Sent to Governor)

AN ACT TO AMEND SECTION 19-25-71, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT COUNTY JAILERS MAY ATTEND AND COMPLETE BASIC AND CONTINUING EDUCATION COURSES IN THE FIELD OF CORRECTIONS; TO CREATE A JOINT LEGISLATIVE STUDY COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS TO THE LEGISLATURE ON THE ESTABLISHMENT OF BASIC AND CONTINUING EDUCATION AND TRAINING COURSES FOR COUNTY JAILERS; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 19-25-71, Mississippi Code of 1972, is amended as follows:

19-25-71. (1) The sheriff shall be the jailer of his county and, in the performance of his duties as jailer, he shall employ a jailer or jailers to have charge of the prisoners in the jail. However, in any county in which there is a jointly owned jail, * * * the jailer, * * * pursuant to Section 47-1-49, shall be the person appointed by the governing authorities of the municipality insofar as municipal prisoners are concerned. The sheriff shall keep in the jail thereof separate rooms by gender, and shall not permit any communication between a male and a female prisoner, unless they be married. * * *

(2) Each person who is appointed by the sheriff to perform jailer duties may attend and complete, within one (1) year from the date of his appointment, a basic course of not more than two (2) weeks in duration in the field of corrections. The course curriculum shall be designed or approved by the Board on Law Enforcement Officers Standards and Training and the Mississippi Department of Corrections. In addition, not less frequently than annually, each jailer may attend and complete a continuing education course providing information and training in modern and technical advances in the field of corrections. The continuing education courses shall be conducted at such times, at such places and for such duration as the Board on Law Enforcement Officers Standards and Training and the Mississippi Department of Corrections may prescribe. The board of supervisors of the county may, in its discretion, pay the tuition, living and travel expenses incurred by a person in attending and participating in the basic and continuing education courses.

(3) Any person who has served previously as a certified law enforcement officer or who has completed previously a course of training at the Mississippi Law Enforcement Officers' Training Academy or at some other academy or instructional facility whose curriculum has been approved by the Board on Law Enforcement Officers Standards and Training and the Mississippi Department of Corrections is exempt from the requirements for completing the basic course.

SECTION 2. (1) There is created a joint legislative study committee to study and make recommendations to the Legislature on the establishment of basic and continuing education and training courses for county jailers.

(2) The joint legislative study committee shall be composed of the Chairman of the County Affairs Committee of the House of Representatives and three (3) members of that committee to be appointed by the chairman; and the Chairman of the Senate County Affairs Committee and three (3) members of that committee to be appointed by the chairman. If any chairman serving on the study committee is unable to attend any meeting of the committee, the vice chairman of the respective committee may attend and vote at such meeting. Appointments shall be made within thirty (30) days after passage of this act. Within fifteen (15) days thereafter, on a day to be designated jointly by the Chairmen of the County Affairs Committees, the study committee shall meet and organize by selecting from its membership a chairman and vice chairman. The vice chairman also shall serve as secretary and shall be responsible for keeping all records of the study committee. A majority of the members of the study committee shall constitute a quorum. In the selection of its officers and the adoption of rules, resolutions and reports, an affirmative vote of a majority of the study committee will be required. All members shall be notified in writing of all meetings, and such notices shall be mailed at least five (5) days before the date on which a meeting is to be held.

(3) For attending meetings of the study committee, each member shall be paid from the contingent expense fund of his respective house per diem in the amount authorized by Section 25-3-69, and a mileage allowance and an expense allowance in the amount authorized by Section 5-1-47. However, no per diem, mileage allowance or expense allowance shall be paid for attending meetings of the committee while the Legislature is in session, and no per diem, mileage allowance or expense allowance shall be paid without prior approval of the proper committee in the member's respective house.

(4) Funding for the study committee may be provided from any funds that may be appropriated for the expenses of the study committee. The study committee may accept money from any source, public or private, to be expended in implementing its duties under this act.

(5) The study committee may employ consultants or staff as well as utilize clerical and legal staff employed by the Legislature and any other staff assistance made available to the committee.

(6) Upon presentation of its report to the Legislature before the 1999 Regular Session, the study committee shall be dissolved.

SECTION 3. Section 1 of this act shall take effect and be in force from and after October 1, 1999. Section 2 of this act shall take effect and be in force from and after its passage.