Bill Text: MS HB673 | 2010 | Regular Session | Introduced
Bill Title: Smoking by inmates; prohibit.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-02-02 - Died In Committee [HB673 Detail]
Download: Mississippi-2010-HB673-Introduced.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Corrections
By: Representative Parker
House Bill 673
AN ACT TO PROHIBIT THE USE OF TOBACCO PRODUCTS BY COUNTY PRISONERS WHILE SUCH PRISONERS ARE INCARCERATED; TO AMEND SECTION 47-1-39, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE USE OF TOBACCO PRODUCTS BY MUNICIPAL PRISONERS WHILE SUCH PRISONERS ARE INCARCERATED; TO AMEND SECTION 47-5-10, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS SHALL PROHIBIT THE USE OF TOBACCO PRODUCTS BY ANY PERSON WHO IS IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Any person who is a county prisoner is prohibited from using any tobacco products either inside or on any grounds of a correctional facility while the prisoner is incarcerated. In this section, "tobacco products" means cigars, cigarettes, snuff, loose tobacco or similar goods made with any part of the tobacco plant that are prepared or used for smoking, chewing, dipping or other personal use.
SECTION 2. Section 47-1-39, Mississippi Code of 1972, is amended as follows:
47-1-39. (1) The governing authorities of municipalities shall have the power to construct and maintain a municipal prison, and to regulate the keeping of the same and the prisoners therein, and to contract with the board of supervisors, which is empowered in the premises, for the use of the county jail by the municipality; and to provide for the working of the streets by municipal prisoners, and to contract with the county for such work by county prisoners or the working of county roads by municipal prisoners, or for working same on the county farms. Municipal prisoners shall be worked on county roads or county farms only in the county in which the municipality is situated. Males and females shall be confined in separate cells or compartments. In addition, all municipal offenders are prohibited from using any tobacco products either inside or on any grounds of a correctional facility while the offenders are incarcerated. In this subsection, "tobacco products" means cigars, cigarettes, snuff, loose tobacco or similar goods made with any part of the tobacco plant that are prepared or used for smoking, chewing, dipping or other personal use.
(2) The municipality shall pay the tuition, living and travel expenses incurred by a person attending and participating in the basic and continuing education courses for jail officers.
SECTION 3. Section 47-5-10, Mississippi Code of 1972, is amended as follows:
47-5-10. The department shall have the following powers and duties:
(a) To accept adult offenders committed to it by the courts of this state for incarceration, care, custody, treatment and rehabilitation;
(b) To provide for the care, custody, study, training, supervision and treatment of adult offenders committed to the department;
(c) To maintain, administer and exercise executive and administrative supervision over all state correctional institutions and facilities used for the custody, training, care, treatment and after-care supervision of adult offenders committed to the department; provided, however, that such supervision shall not extend to any institution or facility for which executive and administrative supervision has been provided by law through another agency;
(d) To plan, develop and coordinate a statewide, comprehensive correctional program designed to train and rehabilitate offenders in order to prevent, control and retard recidivism;
(e) To maintain records of persons committed to it, and to establish programs of research, statistics and planning;
(f) To investigate the grievances of any person committed to the department, and to inquire into any alleged misconduct by employees; and for this purpose it may issue subpoenas and compel the attendance of witnesses and the production of writings and papers, and may examine under oath any witnesses who may appear before it;
(g) To administer programs of training and development of personnel of the department;
(h) To develop and implement diversified programs and facilities to promote, enhance, provide and assure the opportunities for the successful custody, training and treatment of adult offenders properly committed to the department or confined in any facility under its control. Such programs and facilities may include but not be limited to institutions, group homes, halfway houses, diagnostic centers, work and educational release centers, restitution centers, counseling and supervision of probation, parole, suspension and compact cases, presentence investigating and other state and local community-based programs and facilities;
(i) To receive, hold and use, as a corporate body, any real, personal and mixed property donated to the department, and any other corporate authority as shall be necessary for the operation of any facility at present or hereafter;
(j) To provide those personnel, facilities, programs and services the department shall find necessary in the operation of a modern correctional system for the custody, care, study and treatment of adult offenders placed under its jurisdiction by the courts and other agencies in accordance with law;
(k) To develop the capacity and administrative network necessary to deliver advisory consultation and technical assistance to units of local government for the purpose of assisting them in developing model local correctional programs for adult offenders;
(l) To cooperate with other departments and agencies and with local communities for the development of standards and programs for better correctional services in this state;
(m) To administer all monies and properties of the department;
(n) To report annually to the Legislature and the Governor on the committed persons, institutions and programs of the department;
(o) To cooperate with the courts and with public and private agencies and officials to assist in attaining the purposes of this chapter and Chapter 7 of this title. The department may enter into agreements and contracts with other departments of federal, state or local government and with private agencies concerning the discharge of its responsibilities or theirs. The department shall have the authority to accept and expend or use gifts, grants and subsidies from public and private sources;
(p) To make all rules and regulations and exercise all powers and duties vested by law in the department;
(q) The department may require a search of all persons entering the grounds and facilities at the correctional system;
(r) To prohibit the use of any tobacco products either inside or on any grounds of a correctional facility by any person who is in the custody of the department. In this paragraph, "tobacco products" means cigars, cigarettes, snuff, loose tobacco or similar goods made with any part of the tobacco plant that are prepared or used for smoking, chewing, dipping or other personal use;
(s) To discharge any other power or duty imposed or established by law.
SECTION 4. This act shall take effect and be in force from and after July 1, 2010.
