House Bill 1152

AN ACT TO AMEND SECTION 45-4-9, MISSISSIPPI CODE OF 1972, TO REQUIRE ADDITIONAL CERTIFICATION TRAINING FROM THE BOARD ON JAIL OFFICER STANDARDS AND TRAINING FOR ANY JAIL OFFICER WHO IS SERVING IN THE CAPACITY OF A YOUTH DETENTION OFFICER; TO REQUIRE SUCH YOUTH DETENTION OFFICER TO RECEIVE 120 HOURS OF ADDITIONAL TRAINING DURING THE FIRST YEAR OF EMPLOYMENT AND 40 HOURS OF TRAINING ON A YEARLY BASIS THEREAFTER; TO AMEND SECTION 45-4-11, MISSISSIPPI CODE OF 1972, TO REQUIRE THE REIMBURSEMENT RATE THAT COUNTIES RECEIVE FOR SENDING YOUTH DETENTION OFFICERS FOR SUCH ADDITIONAL TRAINING BE THE SAME AS THE RATE RECEIVED BY COUNTIES WHO SEND JAIL OFFICERS FOR TRAINING WHO SUPERVISE ADULTS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 45-4-9, Mississippi Code of 1972, is amended as follows:

45-4-9. (1) (a) After January 1, 2000, 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 who is required to be certified shall be appointed or employed as a jail officer by any sheriff or police department for a period to exceed two (2) years without being certified * * *., provided however, a jail officer who is a youth detention officer shall be governed by the time period prescribed under paragraph (c) of this subsection to be certified as a youth detention officer. The prohibition against the appointment or employment of a jail officer 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, as may be determined by the Board on Jail Officer Standards and Training, does 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) (i) In addition to the certification prescribed under paragraph (b) of this subsection, no person who is required to be certified as a jail officer shall be appointed or employed as a youth detention officer without being certified as having received one hundred twenty (120) hours of additional training within his or her first year of employment at a youth detention facility. After the first one hundred twenty (120) hours are received during the first year of employment, the youth detention officer is required to receive training on an annual basis of forty (40) additional hours in youth care and supervision. The prohibition against the appointment or employment of a youth detention officer for a period not to exceed one (1) year 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, as may be determined by the Board on Jail Officer Standards and Training, does 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.

(ii) The Board of Jail Officer Standards and Training shall develop and train persons seeking certification as a youth detention officer that shall fulfill the required additional training hours prescribed under this paragraph.

(iii) Any training that is received by a jail officer who is a youth detention officer that relates to general institutional care, which includes, but is not limited to, areas such as report writing, key security, fire and emergency procedures, may be utilized by the youth detention officer if such officer decides to seek certification as a jail officer for adults.

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

(2) (a) Except as otherwise provided in this subsection, jail officers serving under permanent appointment on January 1, 2000, shall not be required to meet certification requirements 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 board policy as to rehiring standards in order to be employed as a jail officer.

(b) Jail officers who are youth detention officers serving under permanent appointment on July 1, 2014, shall be required to meet certification requirements of this section as a condition of continued employment and shall acquire the initial 120 hours of training, as prescribed under subsection (1) of this section, by July 1, 2015. If any youth detention officer certified under this chapter leaves his or her employment and does not become employed as a youth detention officer within two (2) years from the date of termination of his prior employment, he shall be required to comply with board policy as to rehiring standards in order to be employed as a youth detention officer.

(3) In addition to the other requirements of this section, the Board on Jail Officer Standards and Training, by rules and regulations consistent with other provisions of law, shall fix other qualifications for the employment of jail officers, including 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 the board shall prescribe the means for presenting evidence of fulfillment of these requirements. Additionally, the board shall fix qualifications for the appointment or employment of part-time jail officers to essentially the same standards and requirements as jail officers. The board 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 by the board for full-time jail officers.

(4) (a) The Board on Jail Officer Standards and Training shall issue a certificate evidencing satisfaction of the requirements of subsections (1) and (3) of this section to any applicant who presents such evidence as may be required by its rules and regulations of satisfactory completion of a program or course of instruction in another jurisdiction equivalent in content and quality to that required by the board for approved jail officer education and training programs in this state.

(b) The Board on Jail Officer Standards and Training shall issue a certificate to any person who successfully completes the Mississippi Department of Corrections' training program for correctional officers of regional jails.

(c) The Board on Jail Officer Standards and Training shall develop and train persons seeking certification as a correctional officer in the prevention of racial profiling. The provisions of this paragraph shall apply to all recruits who begin training on or after January 1, 2005.

(5) Professional certificates remain the property of the board, and the board reserves the right to either reprimand the holder of a certificate, suspend a certificate upon conditions imposed by the board, or cancel and recall any certificate when:

(a) The certificate was issued by administrative error;

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

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

(e) Other due cause as determined by the board.

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

(7) Any jail officer aggrieved by the final findings and order of the board may file an appeal with the chancery court of the county in which the person is employed. The appeal must be filed within thirty (30) days of the final order.

(8) Any jail officer whose certification has been cancelled may reapply for certification, but not sooner than two (2) years after the date on which the order canceling the certification becomes final.

SECTION 2. Section 45-4-11, Mississippi Code of 1972, is amended as follows:

45-4-11. (1) The Board on Jail Officer Standards and Training shall establish, provide or maintain jail officer training programs, which include jail officer training programs for youth detention facilities, through such agencies and institutions as the board may deem appropriate.

(2) The board shall authorize, but only from such funds authorized and appropriated by the Legislature, the reimbursement to each governmental entity of at least fifty percent (50%) of the allowable salary and allowable tuition, living and travel expense incurred by jail officers, including jail officers who are youth detention officers, in attendance at approved training programs, if the governmental entity does in fact adhere to the training standards established by the board. The board shall authorize, but only from such funds authorized and appropriated by the Legislature, the direct funding of a part-time jail officer or youth detention officer training program. The board shall require the payment of a reasonable tuition fee to aid in funding the costs of administering the part-time jail officer or youth detention officer training program.

(3) The board is authorized to expend funds for the purpose of providing a professional library and training aids that will be available to police and sheriff departments.

(4) If any jail officer, including a jail officer who is certified as a youth detention officer, in this state who is employed by a county shall, within three (3) years after the date of his employment, resign from, or be terminated from, employment by such county 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 county 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 3. This act shall take effect and be in force from and after July 1, 2014.