Hattiesburg American
By Cathi Carr
Law awaits Governor's signature
The governor’s signature is all that awaits a proposal that would fine law enforcement agencies $1,500 for violating the state’s Biddle cage law.That law requires state inmates to be transported behind a Biddle cage, or protective screen between the front and back seats of patrol cars.
The bill, which Senators passed unanimously Tuesday afternoon – one day after the House approved the measure – also bars the state from releasing inmates to officers who do not have cages in their cars.
A spokesman for the governor said Fordice would not comment on the bill until he had seen it. He has five days to sign it, veto it or let it become law without his signature.
Tuesday’s action comes nine months after two Mississippi inmates escaped from a cageless car and fled to Alabama where they are accused of killing a 29-year-old police officer who tried to apprehend them.
The officer’s death prompted a $10 million wrongful death suit against the state of Mississippi and Jones County, and spurred lawmakers to re-examine the original 1989 Biddle law which was being ignored because it did not include a penalty.
More than 400 Hattiesburg American readers, responding to a campaign launched by the newspaper’s editorial department, urged lawmakers to strengthen the law.
Only four House members voted against the measure. Those included Reps. Joe Taylor, D-Waynesboro; Jeff Smith, D-Columbus; Keith Montgomery, R-Clinton; and William Bowles, D-Canton.
“I’m not against the cages,” Montgomery said. “But it’s amazing to me that one state agency can fine another. It would have made more sense to withhold funds from them.”
But Rep. Joe Ellzey, D-Ellisville, who co-authored the bill noted: “We accomplished our purpose in that sheriffs are aware now. I don’t anticipate ever having to collect the fine.”
Forrest County Sheriff Billy McGee wondered who would be in charge of enforcing the law.
“Everyone in law enforcement realizes the Legislature wants us to have the cages,” McGee said. “But there is no oversight (in the bill).”
Lawyers for the House of Representatives said the Attorney General’s Office will most likely enforce the law since the bill calls for that office to collect the fines.
“It fixes the whole problem if you can’t release them into cars without them,” said Rep. Lee Jarrell Davis, another co-author of the bill. “Sheriffs were real emphatic that the Attorney General be in charge of collection and enforcement.”
More than 73 percent of Mississippi’s sheriffs supported putting teeth into the law, according to a December Hattiesburg American survey.
But the survey of the state’s 82 sheriffs, also revealed a surprising 13.4 percent either opposed a stiffer law or a penalty for the existing law which is designed to protect both officers and the public.
According to that survey, one-fifth of Mississippi sheriffs have continued to transport state prisoners with vehicles that are not equipped with Biddle cages.
Sheriffs who did not support the stronger law, however, said Tuesday they would obey the mandate.
“I just installed cages in two new cars,” said Itawamba County Sheriff Leon Hayes of Fulton. “I was already in the process of starting to comply. I just kind of feel like it should be left up to the department.”
Carroll County Sheriff Donald Gray of Carrollton still disagrees with the Legislature’s action.
“I’m not against cages but I’m not for the Legislature mandating them,” he said. “I think that should be left to the local level. There’s too much mandated now.”
He said he will comply with the law.
When lawmakers first adopted it the Biddle law, a penalty was not included because many law officers objected to being fined without first being provided money to purchase the cages.
That philosophy began changing as grant money became available for cages and sheriffs learned of the $10 million wrongful death lawsuit filed by Brandy Turner.
She is the widow of Moody, Ala., police officer Keith Turner who was killed after the two inmates escaped from Hooks who was transporting them in an improperly equipped Jones County vehicle.
“This is so wonderful,” said Peggy McDill, Brandy Turner’s mother. “We’ve been waiting to hear this news.”
