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Mississippi Statutes, Title 47

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Title 47, Prisons and Prisoners; Probation and Parole

5 chapters · 366 sections in this title.

All chapters in Title 47366 Ch 5, Correctional System277 Ch 7, Probation and Parole46 Ch 1, County and Municipal Prisons and Pri…31 Ch 3, Removal of Prisoners6 Ch 4, Privately Operated Correctional Faci…6

366 sections·Filtered byTitle 47✕

Miss. Code Ann. § 47-1-1 Enforcement of sentences
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Every convict sentenced to imprisonment in the county jail, or to such imprisonment and the payment of a fine, or the payment of a fine, shall be committed to jail, and shall remain in close confinement for the full time specified for imprisonment in the sentence of the court, an…
Miss. Code Ann. § 47-1-11 Convicts physically unable shall not be required to work
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If any convict committed to the county jail is physically unable to do any kind of manual labor, then, upon the certificate of the county health officer or physician designated by the board of supervisors of the county, to this effect, such convict shall not be required, during t…
Miss. Code Ann. § 47-1-13 By contract county may work under guard certain prisoners before indictment and conviction
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Any person being held in the county jail in default of bail to await trial, except those held for treason, murder, arson, or rape, and except such as the sheriff may deem it improper to let out, may on application to the sheriff of the county, be allowed to work on the county far…
Miss. Code Ann. § 47-1-15 Deductions from sentence for efficient work
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Any convict working under the direction of the board of supervisors who renders efficient services and complies with all necessary rules and regulations may have deducted from the term of his imprisonment one-fourth (¼) thereof.

Miss. Code Ann. § 47-1-17 When convict not credited with wages

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No convict shall be credited with any wages during the time of his or her escape; and if any convict escapes while being worked on a public road, or works or county farm, he or she may be pursued and retaken by any person, or officer authorized to make arrests, or board, or any o…

Miss. Code Ann. § 47-1-19 Leasing or hiring convicts unlawful; lawful public service work

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(1) It is unlawful for any county-housed state inmate or county prisoner or prisoners to be leased or hired to any individual or corporation for any purpose whatsoever. Nor shall they be worked under any contractor; but in working them on county farms, or on the public roads or o…

Miss. Code Ann. § 47-1-21 Sheriff to keep a jail docket; what to contain

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The sheriff of each county shall keep a well bound alphabetical jail docket. In it he shall promptly enter under the proper initial the name, age, color and sex of each convict, the date of his or her commitment, each day worked on the county farm, time required to be served and …

Miss. Code Ann. § 47-1-23 The sexes to be kept separate

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It shall be unlawful for convicts of different sexes to be confined or worked together.

Miss. Code Ann. § 47-1-25 Officers to have access to convicts

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Each county officer or officers, for any district of a county shall at all times have free access to convicts in the custody of any official for the purpose of investigating their condition and treatment. The sheriff or his deputies shall visit the convict camp or county farms wh…

Miss. Code Ann. § 47-1-27 Maltreatment forbidden

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An official, or guard, or other employee, having the custody of any county prisoner, or any official or employee of the county having custody of any county prisoner, who shall maltreat or abuse any such convict, or who shall knowingly permit the same to be done, or who being unde…

Miss. Code Ann. § 47-1-29 Complaint of convicts investigated

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On complaint by or on behalf of any convict to any county or county district officer, that such convict had been improperly treated in any respect, it shall be the duty of such officer at once to investigate the complaint, and if it is believed to be well founded, to report the f…

Miss. Code Ann. § 47-1-3 County convicts; duty of board of supervisors

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It is the imperative duty of the board of supervisors in each county in this state to require each convict sentenced to imprisonment in the county jail and the payment of a fine and costs, or to imprisonment and payment of costs, or to payment of fine and costs, to work out the s…

Miss. Code Ann. § 47-1-31 Grand jury to examine records and treatment of prisoners

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Each grand jury which is impaneled shall examine the records of county prisoners and their treatment and condition and report the same to the court.

Miss. Code Ann. § 47-1-33 Each convict to have evidence of term of sentence and amount of fine

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The sheriff on receiving each convict shall furnish such convict with a certificate showing the amount of the fine and costs, as far as the costs are then known, the beginning and length of his term of imprisonment. The convict shall be allowed to have and keep such certificate o…

Miss. Code Ann. § 47-1-35 County farms operating at loss, disposition of

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(1) The board of supervisors of any county that now maintains and operates a county penal farm, commonly known as a “county farm,” which farm contains more than five hundred (500) acres and less than six hundred (600) acres of land, which said farm has been continuously operating…

Miss. Code Ann. § 47-1-37 Board of supervisors may hire additional labor to work on county farm

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In the cultivation of crops and the gathering thereof if it shall appear necessary, from the lack of convict labor, the board of supervisors may employ free labor at current prices to work on a county convict farm until such time as the convict labor may become sufficient to comp…

Miss. Code Ann. § 47-1-39 Municipal prison and prisoners; municipality to pay expenses of jail officer education courses

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(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 …

Miss. Code Ann. § 47-1-41 Working of municipal prisoners

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(1) Any person convicted of violating any ordinance of any city, town or village in this state and sentenced to pay a fine and costs therefor, and failing to do so, may be worked on the streets or other public works of the municipality in the custody of the street commissioner, o…

Miss. Code Ann. § 47-1-43 Keeping of county offenders in municipal jails pending trial

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The board of supervisors of any county and the governing authorities of any municipality located within such county are hereby authorized to enter into agreements providing for the keeping of persons arrested for offenses committed within the county in which such municipality is …

Miss. Code Ann. § 47-1-45 Board of supervisors may agree with municipalities of the county on terms of working municipal convicts

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The board of supervisors of each county is authorized to make contract with any village or small town within the county to work its convicts on the county farm. But in agreeing to take and work such convicts the board of supervisors shall not agree to pay more per day for the lab…

Miss. Code Ann. § 47-1-47 Credit allowed for labor of convicts; treatment

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(1) Every county or municipal convict shall be comfortably clothed at the expense of the county or municipality, but all clothing furnished shall remain the property of the county or municipality, and shall be thoroughly fumigated and disinfected before being allotted to a convic…

Miss. Code Ann. § 47-1-49 Control over jails owned jointly by municipalities and counties

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In the case of a jail owned jointly by a county and municipality, under the provisions of Section 17-5-1, the governing authorities of the county and municipality are hereby vested with full and complete authority, jurisdiction and control over such jointly owned jail facility an…

Miss. Code Ann. § 47-1-5 County convicts; board of supervisors may lease or buy suitable lands

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In order to carry out the provisions of Section 47-1-3, the board of supervisors of each county in this state are authorized and directed, whenever it may be necessary to buy or lease a sufficient number of acres of land within reasonable and convenient distance of the county jai…

Miss. Code Ann. § 47-1-51 Jointly owned jails; jail supplies

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The jailer of a jail jointly owned by a county and a municipality shall, in regard to municipal prisoners, provide daily wholesome and sufficient food and drink, fire and lights when necessary and proper, and sufficient and clean bedding for all such prisoners committed to the ja…

Miss. Code Ann. § 47-1-55 Jointly owned jails; guards

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In the case of a jail jointly owned by a county and a municipality, the circuit judge in the district in which such jail is located, upon the request and recommendation of either the sheriff of the county or the marshal or chief of police of the municipality involved in the joint…

Miss. Code Ann. § 47-1-57 Furnishing of medical aid to prisoners; nurse screening for county prisoner for nonemergency medical complaints

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(1) When any person confined in jail shall be in need of medical or surgical aid, the sheriff shall immediately examine the condition of such prisoner and, if he is of the opinion that the prisoner needs such aid, he shall call in a nurse or physician to attend him. If the prison…

Miss. Code Ann. § 47-1-59 Hospitalization of prisoners; expenses

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(1) When the sheriff, marshal or any other peace officer of this state has in his lawful custody a prisoner who, through accident, injury or illness, is in need of hospitalization, such officer may take such prisoner to the nearest hospital in the county or if there be no hospita…

Miss. Code Ann. § 47-1-61 Penalty for failure to discharge convict

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Any sheriff or other person having lawful custody of any convict who shall fail to discharge such convict when he shall have served the full time of his sentence and fully paid his fine and the costs charged against him, shall be guilty of a misdemeanor and punished accordingly.

Miss. Code Ann. § 47-1-63 Residency of prisoner as affected by incarceration in facility of Department of Corrections

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No person shall be deemed to be a resident of a county solely because of being incarcerated in a facility under the jurisdiction of the Department of Corrections that is located in such county.

Miss. Code Ann. § 47-1-7 Boards of supervisors of contiguous counties may own farm jointly; working prisoners in another county

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In any county where there are not a sufficient number of convicts to make it economically feasible for such county to own and operate a county convict farm as provided for by law, the board of supervisors of any such county may agree with the board of supervisors of any contiguou…

Miss. Code Ann. § 47-1-9 Convicts may be worked on public roads or other county public works

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In any county where it is clearly more advantageous to the county to work the county convicts or some of them on the public roads of the county, or on other works of the county exclusively public in their character, the board of supervisors shall have the authority so to order, a…

Miss. Code Ann. § 47-3-1 Removal to jail of another county

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When the accused is not entitled to bail, or where he fails to give bail, and there is no county jail or the jail of the county in which the offense is committed, or where the case stands for trial is, in the opinion of the committing officer or of the court having jurisdiction o…

Miss. Code Ann. § 47-3-11 Transfer of convicted foreign national to country of citizenship

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When a treaty is in effect between the United States of America and a foreign country providing for the transfer of convicted offenders to the country of which they are citizens or nationals, the Governor, on behalf of the State of Mississippi, is authorized, subject to the terms…

Miss. Code Ann. § 47-3-3 No removal after commitment

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A person committed or in custody on a criminal charge shall not be removed from the place of his confinement into the custody of any other officer, unless it be by habeas corpus or some other legal writ, except for trial, or in case of fire or infection, or other necessity, or in…

Miss. Code Ann. § 47-3-5 Removal to place where convicts may be worked

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It shall be unlawful for any officer, convict manager, or other person to remove any convict to the state farm, county farm, road or other place where convicts may be worked before the expiration of five (5) days from the date of conviction, unless said convict may express himsel…

Miss. Code Ann. § 47-3-7 Removal in case of infectious or contagious disease

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If any infectious or contagious disease shall appear in the vicinity of any jail, or if the appearance of such disease be apprehended, the board of supervisors of the county, or, if it should not meet in time, the sheriff of the county, with the concurrence of two (2) members of …

Miss. Code Ann. § 47-3-9 Removal in case of infectious or contagious disease; place where prisoners may be taken

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Removal of prisoners pursuant to Section 47-3-7 may be to some place in the county, or to the jail of another county. The jailer of such other county shall receive the prisoners and keep them safely, and surrender them when called for by the authority of the sheriff of the county…

Miss. Code Ann. § 47-4-1 Privately operated correctional facilities authorized for federal and other states’ inmates

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(1) It is lawful for there to be located within Wilkinson County and Leflore County a correctional facility operated entirely by a private entity pursuant to a contractual agreement between such private entity and the federal government, any state, or a political subdivision of a…

Miss. Code Ann. § 47-4-11 Amendment, extension and/or renewal of certain agreements in connection with private correctional facilities

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In order for the Mississippi Department of Corrections to manage funds budgeted and allocated in its Contractual Services budget category, the commissioner of the department shall have the authority to amend, extend and/or renew the term of any lease agreement or any inmate housi…

Miss. Code Ann. § 47-4-3 Prerequisites to establishment of privately operated correctional facilities; petition and election

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(1) Before a private correctional facility may be located in the county, the board of supervisors shall by resolution duly adopted and entered on its minutes specify the location of the facility, the nature and size of the facility, the type of inmates to be incarcerated and the …

Miss. Code Ann. § 47-4-5 Agreements with private sources to operate juvenile detention centers

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Any local unit of government, or any local unit of government in cooperation with other local units of government, may enter into agreements with private sources for the operation and supervision of juvenile detention centers.

Miss. Code Ann. § 47-4-7 Authority, power and jurisdiction of private guards and jailers; escapees; penalties; pursuit and capture

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(1) All private guards and jailers at private or public facilities shall have the same authority, power and jurisdiction as contractor’s employees under the Special Needs Prison Program of 1994, if they meet the minimum training requirements for state employees performing similar…

Miss. Code Ann. § 47-4-9 County may contract with private entity for operation of county jail

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The board of supervisors of any county, with the approval of the sheriff, may contract with a private entity for the management, operation and maintenance of a county jail.

Miss. Code Ann. § 47-5-1 Policy of state in operation and management of correctional system; independent internal examinations

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It shall be the policy of this state, in the operation and management of the correctional system, to so manage and conduct the same in that manner as will be consistent with the operation of a modern correctional system and with the view of making the system self-sustaining. Thos…

Miss. Code Ann. § 47-5-10 Department of Corrections; general powers and duties

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(1) 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 …

Miss. Code Ann. § 47-5-1001 Definitions [Repealed effective after June 30, 2029]

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(a) For purposes of Sections 47-5-1001 through 47-5-1015, the following words shall have the meaning ascribed herein unless the context shall otherwise require:(a) “Approved electronic monitoring device” means a device approved by the department which is primarily intended to rec…

Miss. Code Ann. § 47-5-1003 Intensive supervision program; eligibility; procedure; time limits; program violations; notice to Department of Corrections; participation in program during term of probation; provision of certain data to Oversight Task Force [Repealed effective after June 30, 2029]

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(1) An intensive supervision program may be used as an alternative to incarceration for offenders who are not convicted of a crime of violence pursuant to Section 97-3-2 as selected by the court and for juvenile offenders as provided in Section 43-21-605. Any offender convicted o…

Miss. Code Ann. § 47-5-1005 Rules and guidelines for operation of intensive supervision program; approval and leasing of electronic monitoring devices [Repealed effective after June 30, 2029]

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(1) The department shall promulgate rules that prescribe reasonable guidelines under which an intensive supervision program shall operate. These rules shall include, but not be limited to, the following:(a) The participant shall remain within the interior premises or within the p…

Miss. Code Ann. § 47-5-1007 Payment of monthly fee by participant who is employed; payment of monthly fee by juvenile offender; special fund; responsibilities of participant; notice regarding violation of detention [Repealed effective after June 30, 2029]

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(1) Any participant in the intensive supervision program who engages in employment shall pay a monthly fee to the department for each month such person is enrolled in the program. The department may waive the monthly fee if the offender is a full-time student or is engaged in voc…

Miss. Code Ann. § 47-5-1009 Immunity of department; audit [Repealed effective after June 30, 2029]

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(1) The department shall have absolute immunity from liability for any injury resulting from a determination by a judge or correctional officer that an offender shall be allowed to participate in the electronic home detention program. (2) The Department of Audit shall annually au…