MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Corrections

By: Senator(s) Smith

AN ACT TO AMEND SECTION 47-5-116, MISSISSIPPI CODE OF 1972, TO MAKE IT UNLAWFUL TO TRANSPORT ANY PRISONER COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS IN A VEHICLE WITHOUT A BIDDLE GUARD; TO IMPOSE A CIVIL PENALTY FOR VIOLATIONS; TO REQUIRE THE PRISONER TO BE RESTRAINED; TO EXEMPT VEHICLES USED TO TRANSPORT PRISONERS IN WORK DETAILS; 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) * * * 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) It is unlawful to transport a prisoner who is * * * committed to the Department of Corrections * * * in a vehicle which is not equipped with a secure Biddle guard * * *. Each prisoner shall be restrained and a state, county, municipal or private correctional facility shall not release a prisoner into the custody of a law enforcement officer unless the prisoner is being transported in a vehicle equipped in accordance with this section.

(3) The Commissioner of Corrections, sheriff or chief law enforcement officer who is responsible for a vehicle in which any transportation in violation of this section occurs shall * * * be assessed a civil penalty of One Thousand Five Hundred Dollars ($1,500.00) 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 a prisoner is transported in violation of this section shall not be liable personally for any damages arising from injuries to persons or property caused by a prisoner who has escaped while being transported in violation of this section.

(5) This section does not * * * apply to any vehicle used by a correctional officer for * * * transporting prisoners * * * on the grounds of a correctional facility under the jurisdiction of the * * * department * * *, to any vehicle used by a field officer of the Department of Corrections when taking a prisoner into the custody of the Department of Corrections or to any vehicle used to transport prisoners in work release programs.

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