Bill Text: MS HB1126 | 2018 | Regular Session | Engrossed
Bill Title: Correctional facilities; provide certain penalties for correctional staff who introduce controlled substances into.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-02-27 - Died In Committee [HB1126 Detail]
Download: Mississippi-2018-HB1126-Engrossed.html
MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Corrections
By: Representative Kinkade
House Bill 1126
(As Passed the House)
AN ACT TO AMEND SECTION 47-5-198, MISSISSIPPI CODE OF 1972, TO REMOVE THE PROHIBITION AGAINST ANY PERSON, EXCEPT FOR CORRECTIONAL STAFF, WHO IS CONVICTED OF THE SALE, POSSESSION OR USE OF A CONTROLLED SUBSTANCE WITHIN A CORRECTIONAL FACILITY FROM EARNING TIME ALLOWANCE OR ANY OTHER REDUCTION OF SENTENCE; TO PROVIDE THAT ANY CORRECTIONAL STAFF WHO IS CONVICTED OF THE SALE, POSSESSION OR USE OF A CONTROLLED SUBSTANCE WITHIN A CORRECTIONAL FACILITY SHALL NOT BE ELIGIBLE FOR ANY TYPE REDUCTION OF SENTENCE OR EARLY RELEASE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-5-198, Mississippi Code of 1972, is amended as follows:
47-5-198.
(1) It is unlawful for any person to sell within, bring to, or be in
possession of, in any correctional facility or convict camp within the state or
any county, municipal or other jail within the state, except as authorized by
law, any controlled substance, * * * unauthorized electronic device, contraband
item, or cell phone or any of its components or accessories to include, but not
be limited to, Subscriber Information Module (SIM) cards or chargers or
narcotic drug.
(2) It is unlawful for any person who is the keeper or officer in charge of the facility, camp or jail, or who is employed in or about the facility, camp or jail to knowingly permit any controlled substance or narcotic drug to be sold, possessed or used therein contrary to law.
(3)
Any person who violates the provisions of this section and is convicted shall
be fined up to Twenty-five Thousand Dollars ($25,000.00) and be punished by
imprisonment for not less than three (3) years nor more than seven (7) years;
and the person is not eligible for probation, parole * * * or suspension of sentence * * *.
(4) Any correctional staff who violates the provisions of this section and is convicted shall be fined up to Twenty-five Thousand Dollars ($25,000.00) and be punished by imprisonment for not less than three (3) years nor more than seven (7) years, and such person is not eligible for probation, parole, suspension of sentence, earned time allowance or any other reduction of sentence.
SECTION 2. This act shall take effect and be in force from and after July 1, 2018.
