Senate Bill NO. 2332

By Representative(s) Committee

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 shall 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. A state, county, municipal or private correctional facility shall not release any offender into the custody of a law enforcement officer unless the offender is being transported in a vehicle which is equipped as provided in this subsection, and the offender must be placed in handcuffs, waist chains and shackles.

(3) Any law enforcement agency or contract agency which is 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, to any vehicle that is used by a correctional officer, law enforcement officer, or a municipal, county or state employee to transport offenders to or from a work detail or to any vehicle which is used by a Department of Corrections field officer when taking an offender into the custody of the State Department of Corrections.

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

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 PROHIBIT STATE, COUNTY, MUNICIPAL AND PRIVATE CORRECTIONAL FACILITIES FROM RELEASING OFFENDERS BEING TRANSPORTED IN VEHICLES WITHUT A BIDDLE GUARD AND WITHOUT HANDCUFFS, WAIST CHAINS AND SHACKLES; 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 LAW ENFORCEMENT OFFICER TO TRANSPORT OFFENDERS TO OR FROM A WORK DETAIL OR A VEHICLE WHICH IS BEING USED BY A FIELD OFFICER TO TAKE AN OFFENDER INTO THE CUSTODY OF THE DEPARTMENT; AND FOR RELATED PURPOSES.