Kirk-Taylor - March 10, 2026 - Municipal Inmate Expenses

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 March 10, 2026 R. Adam Kirk, Esq. Attorney, City of Winona J. Ryan Taylor, Esq. Attorney, Montgomery County Post Office Box 1069 Grenada, Mississippi 38901 Re: Municipal Inmate Expenses Dear Mr. Kirk and Mr. Taylor: The Office of the Attorney General has received your request for an official opinion. Background You have advised that Montgomery County does not have a jail. For this reason, all county and municipal prisoners are housed in other facilities for a daily fee. You have indicated that there is a question regarding whether Montgomery County (“County”) or the City of Winona (“Municipality”) is required to pay the expenses of municipal prisoners who have been bound over to a grand jury for indictment. Questions Presented 1. Which entity is obligated to pay the expenses of municipal prisoners bound over to the grand jury for indictment? 2. If it is determined that the County is obligated to pay the expenses of a municipal prisoner bound over to the grand jury for indictment, is the County entitled to receive reimbursement from the Municipality if the prisoner is not indicted? Brief Response 1. It is the responsibility of the County to pay for the upkeep and expenses of a municipal prisoner who has been bound over to a grand jury for indictment. R. Adam Kirk, Esq. J. Ryan Taylor, Esq. March 10, 2026 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 2. No. The County is obligated to pay for the upkeep and expenses of a municipal prisoner who has been bound over to a grand jury for indictment even if the grand jury fails to indict the municipal prisoner. Applicable Law and Discussion This office has “previously opined that a municipal prisoner becomes a county prisoner when said prisoner is either 1) bound over to the grand jury at a preliminary hearing1 or 2) waives said preliminary hearing.” MS AG Op., Null at *1 (Aug. 21, 2025) (citing MS AG Op., Wright (Apr. 13, 1994)). That is to say, the County becomes responsible for the prisoner’s expenses2 once a preliminary hearing has either been held or waived, and the prisoner has been bound over for grand jury indictment. MS AG Op., Null at *1; see also MS AG Op., Nowak at *1 (Apr. 15, 2016); MS AG Op., Birdsong at *1 (May 7, 1992). With regard to your second question, this office has previously opined that even where the grand jury fails to indict the prisoner, the County is responsible for the upkeep of the prisoner once he has been bound over to the grand jury or waived his right to a preliminary hearing. See MS AG Op., Richardson at *1 (Apr. 16, 1990). You note in your request that there are conflicting opinions of this office addressing this issue. To the extent such opinions conflict, this opinion is controlling on the issues presented in your request. 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/ Kristi D. Kennedy Kristi D. Kennedy Special Assistant Attorney General 1 Mississippi Code Annotated Section 13-5-39 provides that the circuit court impanels grand juries “in any county or judicial district of a county.” See also MS AG Op., Miller at *1 (Feb. 20, 2009) (“[T]he Circuit Court would have jurisdiction as to matters concerning the release of the defendant after he is bound over to the grand jury.”); MS AG Op., Mellon at *1 (July 1, 2005) (“Once a defendant has been bound over to the grand jury, jurisdiction lies with the circuit court.”) 2 We note that the Mississippi Legislature is currently considering legislation, S.B. 2432, to amend Mississippi Code Annotated Section 19-25-73 and address the expenses for housing prisoners in county jails.