Senate Bill 2649

AN ACT TO AMEND SECTION 47-5-193, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IT SHALL BE UNLAWFUL TO KNOWINGLY COMMUNICATE WITH AN OFFENDER CONFINED IN A CORRECTIONAL FACILITY ON A CELL PHONE; TO AMEND SECTION 47-5-198, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY OFFICER OR EMPLOYEE OF A CORRECTIONAL FACILITY CONVICTED UNDER THIS PROVISION OF LAW SHALL NOT BE ELIGIBLE FOR ANY EARLY RELEASE OR OTHER REDUCTION IN SENTENCE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 47-5-193, Mississippi Code of 1972, is amended as follows:

47-5-193. It is unlawful for any officer or employee of the department, of any county sheriff's department, of any private correctional facility in this state in which offenders are confined, of any municipal or other correctional facility in this state, or for any other person or offender to possess, furnish, attempt to furnish, or assist in furnishing to any offender confined in this state any weapon, deadly weapon, unauthorized electronic device, contraband item, or cell phone or any of its components or accessories to include, but not limited to, Subscriber Information Module (SIM) cards or chargers. It is unlawful for any person or offender to take, attempt to take, or assist in taking any weapon, deadly weapon, unauthorized electronic device, contraband item, cell phone or any of its components or accessories to include, but not limited to, Subscriber Information Module (SIM) cards or chargers on property within the state belonging to the department, a county, a municipality, or other entity that is occupied or used by offenders, except as authorized by law. Except for a law enforcement official in the course of an official investigation, it is unlawful for any person without authorization from the department to knowingly send a communication to a cell phone in the possession of any offender confined in this state. The circuit court is authorized to issue an order to the carrier to disable the offender's cell phone service.

SECTION 2. 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 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) (a) Except as provided in paragraph (b), 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 a suspension of sentence * * *.

(b) Any officer or employee of any correctional facility 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, suspension of sentence, earned time allowance or any other reduction of sentence.

SECTION 3. This act shall take effect and be in force from and after July 1, 2018.