S.Rushing - April 4, 2024 - Housing Municipal Prisoners in the County Jail

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 April 4, 2024 The Honorable Steve Rushing Sheriff, Lincoln County 215 Justice Street Brookhaven, Mississippi 39601 Re: Housing Municipal Prisoners in the County Jail Dear Sheriff Rushing: The Office of the Attorney General has received your request for an official opinion. Questions Presented 1. Is there statutory authority or case law stating that a city prisoner becomes a county prisoner when bound over to the county grand jury at a preliminary hearing? 2. Does Mississippi Code Annotated Section 47-1-39 authorize a county to include in the contract that a city inmate will not become a county prisoner until said prisoner is indicted by the grand jury? Brief Response 1. We are not aware of any statutory authority or case law stating that a city prisoner becomes a county prisoner upon being bound over to the county grand jury at a preliminary hearing. 2. If a county and municipality choose to contract with one another for the holding of municipal prisoners in the county jail pursuant to Section 47-1-39, said contract should include the terms negotiated between the parties in accordance with the law. We are unable to officially opine as to the terms or interpretation of a contract. Applicable Law and Discussion While we are not aware of any statutory authority or case law stating that a city prisoner becomes a county prisoner upon being bound over to the grand jury at a preliminary hearing, Section 47-1- 39 provides two options for housing municipal prisoners. That section states: “The governing Hon. Steve Rushing April 4, 2024 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 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.” Id.; see Gage v. State, 68 So. 2d 417, 418 (1953) (providing that a municipal defendant may be confined in the county jail if the city has contracted with the board of supervisors to use the county jail in lieu of constructing and maintaining their own); MS AG Op., Rasco at *1 (Sept. 5, 2008) (opining that the city may contract with the county for the holding of municipal prisoners or construct its own prison). In response to your second question, Section 47-1-39 only authorizes a contract for the housing of municipal prisoners. It does not speak to the terms of said contract. Should the county and municipality choose to contract for the holding of municipal prisoners in the county jail, the two should negotiate terms of the agreement in accordance with the law. We are unable to officially opine as to the terms or interpretation of a contract. See MS AG Op., Hensarling at * 3 (Sept. 3, 2021) (stating that we cannot offer guidance on specific language of local agreements). To the extent that any prior opinions conflict, they are modified prospectively to conform herewith. If this office may be of any further assistance to you, please do not hesitate to contact us. Sincerely, LYNN FITCH, ATTORNEY GENERAL By: /s/ Abigail C. Overby Abigail C. Overby Special Assistant Attorney General