MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Penitentiary

By: Representative McInnis

AN ACT TO AMEND SECTION 47-5-193, MISSISSIPPI CODE OF 1972, TO DELETE PROHIBITIONS AGAINST FURNISHING ANY ALCOHOLIC BEVERAGE, CONTROLLED SUBSTANCE OR NARCOTIC DRUG TO ANY OFFENDER WITHIN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, AND TO DELETE PROHIBITIONS AGAINST BRINGING THESE SUBSTANCES ONTO THE PROPERTY OF THE DEPARTMENT OF CORRECTIONS; TO PROVIDE THAT IT SHALL BE UNLAWFUL FOR ANY OFFICER OF ANY COUNTY SHERIFF'S DEPARTMENT OR ANY PRIVATE CORRECTIONAL FACILITY IN THIS STATE IN WHICH OFFENDERS ARE CONFINED TO FURNISH AN OFFENDER WITH ANY WEAPON OR CONTRABAND ITEM; TO AMEND SECTION 47-5-195, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR PROVIDING OFFENDERS WITH ALCOHOL, DRUGS, WEAPONS AND OTHER CONTRABAND ITEMS; TO CREATE A NEW CODE SECTION TO BE CODIFIED AS SECTION 47-5-198, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IT SHALL BE UNLAWFUL TO SELL OR USE ANY CONTROLLED SUBSTANCE OR NARCOTIC DRUG IN ANY STATE CORRECTIONAL FACILITY, COUNTY JAIL, MUNICIPAL JAIL OR OTHER JAIL AND TO PRESCRIBE A CRIMINAL PENALTY FOR VIOLATION OF THIS LAW; TO AMEND SECTION 97-31-35, MISSISSIPPI CODE OF 1972, TO PRESCRIBE A PENALTY FOR ANY PERSON THAT SELLS OR BRINGS ANY ALCOHOLIC BEVERAGE WITHIN ANY STATE PENITENTIARY, COUNTY JAIL OR MUNICIPAL JAIL; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-5-193, Mississippi Code of 1972, is amended as follows:

47-5-193. It is unlawful for any officer or employee of the department, of any county sheriff's department, of any private correctional facility in this state in which offenders are confined or for any other person to furnish, attempt to furnish, or assist in furnishing to any offender confined in this state any * * * weapon, deadly weapon or contraband item. It is unlawful for any person to take, attempt to take, or assist in taking any * * * weapon, deadly weapon or contraband item on property belonging to the department which is occupied or used by offenders, except as authorized by law.

SECTION 2. Section 47-5-195, Mississippi Code of 1972, is amended as follows:

47-5-195. Any person who violates any provision of Section 47-5-193 or 47-5-194 shall be guilty of a felony and upon conviction shall be punished by confinement in the Penitentiary for not less than three (3) years nor more than fifteen (15) years, and may be fined not more than Twenty-five Thousand Dollars ($25,000.00), or both.

SECTION 3. The following shall be codified as Section

47-5-198, Mississippi Code of 1972:

47-5-198. (1) It is unlawful for any person to sell within, bring to, or be in possession of, in any correctional facility or convict camp within the state or any county, municipal or other jail within the state, except as authorized by law, any controlled substance or narcotic drug.

(2) It is unlawful for any person who is the keeper or officer in charge of the facility, camp or jail, or who is employed in or about the facility, camp or jail to knowingly permit any controlled substance or narcotic drug to be sold, possessed or used therein contrary to law.

(3) Any person who violates the provisions of this section and is convicted shall be fined up to Twenty-five Thousand Dollars ($25,000.00) and be punished by imprisonment for not less than three (3) years nor more than seven (7) years; and the person is not eligible for probation, parole, suspension of sentence, earned time allowance or any other reduction of sentence.

SECTION 4. Section 97-31-35, Mississippi Code of 1972, is amended as follows:

97-31-35. (1) It is unlawful for any person to sell within, bring to, or be in possession of, in any correctional facility or convict camp within the state or any county, municipal or other jail within the state, except as authorized by this chapter, any alcoholic beverage including any vinous, spirituous, malt or intoxicating liquor, or intoxicating drinks which if drunk to excess will produce intoxication.

(2) It is unlawful for any person who is the keeper or officer in charge of the facility, camp or jail, or who is employed in or about the facility, camp or jail to knowingly permit any alcoholic beverage to be sold, possessed or used therein contrary to law.

(3) Any person who violates the provisions of this section and is convicted shall be fined up to Ten Thousand Dollars ($10,000.00) and be punished by imprisonment for not less than two (2) years, nor more than five (5) years; and that person will not be eligible for probation, parole, suspension of sentence, earned time allowance or other reduction of sentence.

SECTION 5. This act shall take effect and be in force from and after July 1, 1999.