Senate Bill 2694

AN ACT TO AMEND SECTION 41-4-23, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE MISSISSIPPI 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. (a) It will be 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 such security guards and constables will 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, subsequent to employment but prior to performing duties as a constable, will attend and satisfactorily complete the training course required for constables at the Law Enforcement Officer's Training Academy, such 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, Mississippi Code of 1972. A complete record of all law enforcement training of each employee will be maintained in each employee's record of employment. A master file of all such employees' training will be kept in the central office of the State Department of Mental Health.

(b) All constables will be duly constituted peace officers with powers and duties of an elected constable but such authority may be exercised only on the premises of institutions under the control of the State Department of Mental Health. Each person designated as a security guard or constable will 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 such security guard or constable.

(c) All security guards and constables will 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; will be required to dress in uniforms prescribed by the State Board of Mental Health; and will be authorized to carry weapons.

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