MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Corrections; County Affairs

By: Senator(s) Smith

AN ACT TO ESTABLISH MINIMUM STANDARDS OF TRAINING FOR JAIL OFFICERS; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY AND THE DEPARTMENT OF CORRECTIONS TO DEVELOP MINIMUM TRAINING AND STANDARDS FOR JAIL OFFICERS; TO REQUIRE JAIL OFFICERS TO MEET MINIMUM STANDARDS; TO PROVIDE AN EXEMPTION FOR CERTAIN JAIL OFFICERS; TO AMEND SECTION 45-6-15, MISSISSIPPI CODE OF 1972, TO CREATE A JAIL OFFICERS TRAINING ACCOUNT; TO PROVIDE THAT CERTAIN FUNDS BE DEPOSITED INTO THE ACCOUNT; TO AMEND SECTION 19-25-71, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF SUPERVISORS TO PAY TRAINING EXPENSES OF JAIL OFFICERS; TO CREATE A SPECIAL REVOLVING FUND TO BE KNOWN AS THE JAIL CONSTRUCTION AND IMPROVEMENT FUND; TO PROVIDE FOR THE ADMINISTRATION OF SUCH FUND; AND FOR RELATED PURPOSES.

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

SECTION 1. The Legislature finds that the administration of jails is of statewide concern, and that the activities of jail officers are important to the health, safety and welfare of the people of this state and are of such nature as to require education and training of a professional nature upon entrance and during the careers of jail officers. It is the intent of the Legislature to provide for the coordination of training programs and the establishment of standards for jail officers.

SECTION 2. The Department of Public Safety and the Department of Corrections shall:

(a) Promulgate rules and regulations for the administration of this chapter including the authority to require the submission of reports and information by law enforcement agencies of the state and its political subdivisions.

(b) Establish minimum educational and training standards for admission to employment or appointment as a jail officer or a part-time jail officer (i) in a permanent position, and (ii) in a probationary status.

(c) Certify persons as being qualified to be jail officers or part-time jail officers.

(d) Revoke certification for cause and in the manner provided in this chapter.

(e) Establish minimum curriculum requirements for basic and advanced courses and programs for schools operated by or for the state community colleges or sheriffs' offices for the specific purpose of training jail officers, both full- and part-time.

(f) Consult and cooperate with counties, municipalities, state agencies, other governmental agencies, and with universities, colleges, junior colleges and other institutions concerning the development of training schools, programs or courses of instruction for jail officers.

(g) Make recommendations concerning any matter within its purview pursuant to this chapter.

(h) Make such inspection and evaluation as may be necessary to determine if counties are complying with the provisions of this chapter.

(i) Approve jail officer training schools.

(j) Upon the request of sheriffs, conduct surveys or aid counties to conduct surveys through qualified public or private agencies and assist in the implementation of any recommendations resulting from such surveys.

(k) Upon request, conduct general and specific management surveys and studies of the operations of the requesting jails at no cost to those counties.

(l) Adopt and amend regulations consistent with law, for its internal management and control of programs.

(m) To apply for, receive and expend any federal, state or local funds or contributions, gifts, donations, grants or funds from any other source.

(n) Enter into contracts or do such things as may be necessary and incidental to the administration of this chapter.

SECTION 3. The Criminal Justice Planning Commission shall provide administrative and fiscal support for jail officer standards and training, and the executive director of the commission shall serve as the director of the jail officer training program.

SECTION 4. (1) Jail officers serving under permanent appointment on January 1, 2000, shall not be required to meet any requirement of subsections (2) and (3) of this section as a condition of continued employment; nor shall failure of any such jail officer to fulfill such requirements make that person ineligible for any promotional examination for which that person is otherwise eligible. If any jail officer certified under this chapter leaves his employment and does not become employed as a jail officer within two (2) years from the date of termination of his prior employment, he shall be required to comply with policy as to rehiring standards in order to be employed as a jail officer. Part-time law enforcement officers serving on January 1, 2000, shall have until July 1, 2001, to obtain certification as a part-time officer.

(2) (a) No person shall be appointed or employed as a jail officer or a part-time jail officer unless that person has been certified as being qualified under subsection (3) of this section.

(b) No person shall be appointed or employed as a jail officer trainee by any law enforcement agency for a period to exceed two (2) years. The prohibition against the appointment or employment of a jail officer trainee for a period not to exceed two (2) years may not be nullified by terminating the appointment or employment of such a person before the expiration of the time period and then rehiring the person for another period. Any person who, due to illness or other events beyond his control, could not attend the required school or training as scheduled, may serve with full pay and benefits in such a capacity until he can attend the required school or training.

(c) No person shall serve as a jail officer in any full-, part-time, reserve or auxiliary capacity during a period when that person's certification has been suspended, cancelled or recalled pursuant to this chapter.

(3) In addition to the requirements of subsections (2), (5) and (6) of this section, the Department of Public Safety and the Department of Corrections, by rules and regulations consistent with other provisions of law, shall fix other qualifications for the employment of jail officers, including minimum age, education, physical and mental standards, citizenship, good moral character, experience and such other matters as relate to the competence and reliability of persons to assume and discharge the responsibilities of jail officers, and shall prescribe the means for presenting evidence of fulfillment of these requirements. Additionally, the departments shall fix qualifications for the appointment or employment of part-time jail officers to essentially the same standards and requirements as jail officers and shall develop and implement a part-time jail officer training program that meets the same performance objectives and has essentially the same or similar content as the programs approved for full-time jail officers.

(4) A certificate evidencing satisfaction of the requirements of subsections (2) and (3) of this section shall be issued to any applicant who presents such evidence as may be required by rules and regulations of satisfactory completion of a program or course of instruction in another jurisdiction equivalent in content and quality to that required for approved jail officer education and training programs in this state, and has satisfactorily passed any and all diagnostic testing and evaluation as required to ensure competency.

(5) The executive director of the criminal justice planning commission may reprimand the holder of a certificate, suspend a certificate or cancel and recall any certificate when:

(a) The certificate was issued by administrative error;

(b) The certificate was obtained through misrepresentation or fraud;

(c) The holder has been convicted of any crime involving moral turpitude;

(d) The holder has been convicted of a felony; or

(e) Other due cause.

(6) When the executive director believes there is a reasonable basis for either the reprimand, suspension, cancellation of, or recalling the certification of a jail officer or a part-time jail officer, notice and opportunity for a hearing shall be provided in accordance with law prior to such reprimand, suspension or revocation.

(7) Any full- or part-time jail officer aggrieved by the findings and order may file an appeal with the chancery court of the county in which such person is employed. Such appeals must be filed within thirty (30) days of the final order.

(8) Any full- or part-time jail officer whose certification has been cancelled pursuant to this chapter may reapply for certification, but not sooner than two (2) years after the date on which the order cancelling such certification becomes final.

SECTION 5. (1) The departments shall establish, provide or maintain jail officer training programs through such agencies and institutions as deemed appropriate.

(2) The executive director shall authorize, but only from such funds authorized and appropriated by the Legislature, the reimbursement to each law enforcement agency of at least fifty percent (50%) of the allowable salary and allowable tuition, living and travel expense incurred by jail officers in attendance at approved training programs, if such agency does in fact adhere to the training standards. The executive director shall authorize, but only from such funds authorized and appropriated by the Legislature, the direct funding of a part-time law enforcement officer training program. He shall require the payment of a reasonable tuition fee to aid in funding the costs of administering the part-time jail officer training program.

(3) The executive director is authorized to expend funds for the purpose of providing a professional library and training aids that will be available to state agencies and political subdivisions.

(4) If any full- or part-time jail officer in this state who shall, within three (3) years after the date of his employment, resign from, or be terminated from, employment and immediately become employed by another governmental entity in a jail officer capacity, then the governmental entity by which the resigned or terminated officer is employed shall reimburse the entity from which the officer resigned or was terminated a proportionate share of the jail officer's training expenses which were incurred by such entity, if any.

SECTION 6. Any law enforcement agency that employs a person as a full- or part-time jail officer who does not meet the requirements of this chapter, or who employs a person whose certificate has been suspended or revoked under provisions of this chapter, is prohibited from paying the salary of such person, or providing any public monies for the equipment or support of the jail duties of such person and any person violating this subsection shall be personally liable for making such payment.

SECTION 7. (1) (a) There is created a fund in the State Treasury to be designated as the "Jail Construction and Improvement Fund," hereinafter referred to as "jail fund".

(b) The jail fund may receive proceeds from appropriations, grants, gifts, donations or funds from any source, public or private. The jail fund shall be credited with all repayments of principal and interest derived from loans made from the fund.

(c) The monies in the jail fund may be expended only in amounts appropriated by the Legislature.

(d) Any unexpended amount remaining in the jail fund at the end of a fiscal year shall not lapse into the State General Fund. Any interest earned on amounts in the fund shall be deposited to the credit of the fund.

(2) The Department of Finance and Administration shall establish a loan program to assist political subdivisions in constructing and improving jails. Loans from the jail fund may be made to political subdivisions as set forth in a loan agreement in amounts not exceeding one hundred percent (100%) of eligible project costs. The department may require local participation or funding from other sources, or otherwise limit the percentage of costs covered by loans from the jail fund. The department may establish a maximum amount for any loan.

(3) The jail fund may be used only to make loans on the condition that:

(a) Loans are made at or below market interest rates, at terms not to exceed twenty (20) years after project completion; the interest rate may vary from time to time and from loan to loan at the discretion of the department.

(b) Periodic principal and interest payments will commence not later than one (1) year after project completion and all loans will be fully amortized when required by the department but not later than twenty (20) years after project completion.

(c) The recipient of a loan shall establish a dedicated source of revenue for repayment of loans.

(4) The fund will be credited with all payments of principal and interest derived from the fund uses described in subsection (3) of this section.

SECTION 8. Section 45-6-15, Mississippi Code of 1972, is amended as follows:

45-6-15. (1) (a) Such assessments as are collected under Section 99-19-73, Mississippi Code of 1972, and contributions, grants and other monies received by the board under the provisions of this chapter shall be deposited in a special fund hereby created in the State Treasury and designated the "Law Enforcement Officers Training Fund," which shall be expended by the board to defray the expenses of the program as authorized and appropriated by the Legislature.

(b) Twenty-five percent (25%) of the assessments collected under Section 99-19-73, Mississippi Code of 1972, shall be deposited into the "Jail Officer Training Account" which is hereby created in the "Law Enforcement Officers Training Fund." The funds in such account shall be expended to defray the expenses of the Jail Officers Training Program as authorized and appropriated by the Legislature. This paragraph shall stand repealed on July 1, 2003.

(2) The board may accept for any of its purposes and functions under this chapter or the jail officer training program any and all donations, both real and personal property, and grants of money from any governmental unit or public agency, or from any institution, person, firm or corporation.

(3) Money authorized and appropriated by the Legislature shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration, which shall issue its warrants upon requisitions signed by the proper person, officer or officers of the commission, in the manner provided by law.

SECTION 9. 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) 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 for county jail officers.

SECTION 10. Sections 1 through 7 shall stand repealed on July 1, 2003.

SECTION 11. This act shall take effect and be in force from and after July 1, 1999.