House Bill 363

AN ACT TO AMEND SECTION 47-5-193, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT FOOD, TOILETRY ITEMS OR UNDERGARMENTS THAT ARE BROUGHT UPON THE PREMISES OF A CORRECTIONAL FACILITY OR MAILED TO AN OFFENDER IN A CORRECTIONAL FACILITY SHALL NOT BE CONSIDERED CONTRABAND BY THE DEPARTMENT OF CORRECTIONS IF SUCH FOOD OR TOILETRY ITEMS HAVE BEEN SUBJECTED TO A SEARCH; 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. (1) 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.

(2) Any food, toiletry items or undergarments that are brought upon the premises of a correctional facility or mailed to incarcerated offenders shall not be considered contraband or unlawful by the Department of Corrections if such food, toiletry items or undergarments have been subjected to a search by an officer or employee of the department. Once a search has been conducted, the food, toiletry items and undergarments shall be distributed to the appropriate offender.

SECTION 2. This act shall take effect and be in force from and after July 1, 2015.