House Bill 970

AN ACT TO AMEND SECTION 41-4-23, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF MENTAL HEALTH TO EMPLOY SECURITY GUARDS AND PROMOTE THEM TO "CONSTABLE" AFTER COMPLETING APPROPRIATE TRAINING AT THE LAW ENFORCEMENT TRAINING ACADEMY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 41-4-23, Mississippi Code of 1972, is amended as follows:

41-4-23. (1) It is the duty of the director of any mental health or mental retardation facility under the direction or control of the State Department of Mental Health to designate certain employees as security guards and constables. The names, qualifications, and training of those security guards and constables shall be reported to the Executive Director of the State Department of Mental Health and spread upon the official minutes of the State Board of Mental Health.

All constables, after employment but before performing duties as a constable, shall attend and satisfactorily complete the training course required for constables at the Law Enforcement Officer's Training Academy, the training to be at the expense of the Department of Mental Health and in accordance with educational leave regulations promulgated by the State Board of Mental Health. Failure to meet repayment obligations may result in revocation of law enforcement certification in the same manner provided in Section 37-101-291. A complete record of all law enforcement training of each employee shall be maintained in each employee's record of employment. A master file of all those employees' training shall be kept in the central office of the State Department of Mental Health.

(2) All constables of the Department of Mental Health are duly constituted peace officers with powers and duties of an elected constable, but that authority may be exercised only on the premises of institutions under the control of the * * * Department of Mental Health. Each person designated as a security guard or constable shall enter into bond, with two (2) or more sufficient sureties, in the penalty amount of not less than Ten Thousand Dollars ($10,000.00), the premium for which shall be paid by the facility employing the security guard or constable.

(3) All security guards and constables shall exercise their authority while in performance of their duty on any of the facilities under the direction or control of the State Department of Mental Health; shall dress in uniforms prescribed by the State Board of Mental Health; and may carry weapons.

SECTION 2. This act shall take effect and be in force from and after July 1, 2002.