MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Penitentiary

By: Representatives Ellzey, Barnett (92nd), Horne, Davis

AN ACT TO AMEND SECTION 47-5-116, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EVERY OFFENDER COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS SHALL BE TRANSPORTED IN A VEHICLE WHICH IS EQUIPPED WITH A BIDDLE GUARD; TO REQUIRE EVERY OFFENDER TO BE PLACED IN HANDCUFFS, WAIST CHAINS AND SHACKLES WHEN BEING TRANSPORTED; TO PROVIDE A CIVIL PENALTY FOR VIOLATION OF THIS ACT; TO EXEMPT FROM THE REQUIREMENTS OF THIS ACT ANY VEHICLE WHICH IS BEING USED BY A CORRECTIONAL OFFICER TO TRANSPORT OFFENDERS TO OR FROM A WORK DETAIL; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-5-116, Mississippi Code of 1972, is amended as follows:

47-5-116. (1) For the purposes of this section, the term "Biddle guard" * * * means a device or partition installed in a vehicle operated by a law enforcement officer which separates the front and rear passenger compartments.

(2) Every offender committed to the custody of the Department of Corrections may be transported only in a vehicle which is * * * equipped with a secure Biddle guard separating the operator's compartment from the offenders, and each offender shall be placed in handcuffs, waist chains and shackles before he is transported.

(3) Any person found to be in violation of this section shall be assessed a civil penalty of Five Thousand Dollars ($5,000.00) which shall be collected by the Attorney General and paid into the State Treasury.

(4) The Commissioner of Corrections, sheriff, or chief law enforcement officer who is responsible for a vehicle in which an offender is transported in violation of this section shall not be liable personally for any damages arising from injuries to persons or property caused by an offender who has escaped while being transported in violation of this section.

(5) This section shall not be applicable to any vehicle used by a correctional officer for the purpose of transporting offenders from place to place on the grounds of any penal facility under the jurisdiction of the State Department of Corrections or to any vehicle that is used by a correctional officer or law enforcement officer to transport offenders to or from a work detail.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.