House Bill 520

AN ACT TO AMEND SECTION 47-5-192, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PENALTIES SHALL BE DOUBLED FOR DEPARTMENT OF CORRECTIONS EMPLOYEES OR CONTRACT EMPLOYEES OF THE DEPARTMENT WHEN SUCH EMPLOYEES VIOLATE AUTHORIZED RULES PROMULGATED BY THE COMMISSIONER OF CORRECTIONS RELATED TO CONTRABAND ITEMS; TO AMEND SECTION 47-5-195, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PENALTIES SHALL BE DOUBLED UPON CONVICTION WHEN SUCH EMPLOYEES PROVIDE OFFENDERS WITH CONTRABAND ITEMS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-5-192, Mississippi Code of 1972, is amended as follows:

47-5-192. (1) The Commissioner of Corrections may prohibit the possession by employees or officers of the Department of Corrections or any person allowed upon the premises of a correctional facility under his jurisdiction of any item, the possession of which by offenders is prohibited or regulated.

(2) The commissioner may distinguish between classes of employees and visitors and may establish zones or designate areas or facilities where such regulations apply in his discretion and as necessary for security and orderly operation of prison facilities.

(3) The commissioner shall promulgate rules authorized by this section in accordance with the Mississippi Administrative Procedures Act.

(4) Except as provided under this section, any person who violates a duly enacted rule authorized by this section shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than one (1) year or by a fine of not more than One Thousand Dollars ($1,000.00), or both.

(5) Any employee or contract employee of the Department of Corrections who violates a duly enacted rule authorized by this section shall be guilty of a felony and shall be punished by imprisonment for not more than two (2) years or by a fine of not more than Two Thousand Dollars ($2,000.00), or both.

SECTION 2. Section 47-5-195, Mississippi Code of 1972, is amended as follows:

47-5-195. (1) Except as provided under this section, any person who violates any provision of Section 47-5-193 or 47-5-194 shall be guilty of a felony and upon conviction shall be punished by confinement in the Penitentiary for not less than three (3) years nor more than fifteen (15) years, and may be fined not more than Twenty-five Thousand Dollars ($25,000.00), or both.

(2) Any employee or contract employee of the Department of Corrections who violates any provision of Section 47-5-193 shall be guilty of a felony and, upon conviction, shall be punished by confinement in the Penitentiary for not less than six (6) years nor more than thirty (30) years, and be fined not more than Fifty Thousand Dollars ($50,000.00), or both.

SECTION 3. This act shall take effect and be in force from and after July 1, 2016.