MS 2024-12-M-Mixon-November-1-2024-Use-of-Inmate-Canteen-Funds-for-HVAC-Boiler November 1, 2024

Can a Mississippi sheriff use inmate canteen funds to buy a boiler valve and a jail laundry washer and dryer?

Short answer: Yes to both. Section 19-3-81(1)(b) lets the sheriff spend inmate canteen money on educational expenses, equipment, supplies, and equipment maintenance for the benefit and welfare of inmates. A boiler mixing valve fits as both an educational expense (for the inmate-led HVAC program) and equipment maintenance. A washer and dryer for inmate uniforms fits if purchased for the benefit and welfare of inmates.

Disclaimer: This is an official Mississippi Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Mississippi attorney for advice on your specific situation.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked at the bottom of this page, or PDF in the sidebar) is the authoritative source for any reliance.

View original AG opinion (PDF)

Plain-English summary

George County's sheriff asked two practical questions about Section 19-3-81 spending. The jail runs an inmate-led HVAC program, and the facility's boiler needed a new mixing valve. The jail also launders inmate uniforms and needed an additional washer and dryer for that work. Could the canteen fund pay for both?

The AG said yes to both. Section 19-3-81(1)(b) lets the sheriff use canteen funds for educational expenses, equipment, supplies, and equipment maintenance "for the benefit and welfare of the inmates." The mixing valve fits as an educational expense for the HVAC program and as maintenance of equipment. The washer and dryer fit as equipment for inmate welfare so long as they are purchased for the benefit and welfare of inmates. The personal-hygiene exclusion does not apply to either.

What this means for you

For sheriffs and jail administrators

Section 19-3-81 is a broad authorization. When an inmate-led training or educational program needs equipment or maintenance, you can use canteen funds because the spending fits both the "educational related expenses" category and the "maintenance of the equipment" category. Capital equipment for jail operations that benefits inmates (laundry equipment for jail-issued uniforms, in this case) fits the equipment-and-supplies category. Document the purchase as serving inmate welfare.

For county attorneys

Section 19-3-81 spending categories overlap. A boiler component for an HVAC training program qualifies as educational, as maintenance, and as equipment. The same item often qualifies under multiple authorized categories. The personal-hygiene exclusion is the only express limit; otherwise, anything that genuinely serves inmate welfare is fair game.

For boards of supervisors

Once you authorize the sheriff to operate a canteen, day-to-day expenditure decisions are the sheriff's call under Section 19-3-81(1)(b). Equipment purchases like a boiler valve or jail laundry equipment do not require board re-approval.

Common questions

What does Section 19-3-81 authorize the canteen fund to be spent on?

Educational expenses, equipment, supplies, and equipment maintenance, all "for the benefit and welfare of the inmates incarcerated in the county jail." The only carve-out is that "supplies" do not include personal hygiene supplies for inmates.

Why does the boiler valve qualify?

Two reasons. It is part of an inmate-led HVAC educational program (educational expenses), and it is maintenance of equipment for the inmates' welfare. Either authorization on its own would suffice.

Why do the washer and dryer qualify?

The washer and dryer launder inmate uniforms, which serves the inmates' welfare. That fits the equipment-and-supplies category. The personal-hygiene exclusion does not apply because uniforms are not personal hygiene items.

What about prior 2024 opinions on canteen-fund use?

The July 2024 R. Shepard opinion confirmed that uniforms and mattresses qualify under Section 19-3-81. The October 2024 R. Shepard opinion confirmed washers and dryers for uniforms qualify. This Mixon opinion follows the same pattern, broadening the equipment side to include HVAC-program equipment.

Could the canteen fund pay for general jail repairs unrelated to inmate welfare?

The statute requires the spending to be "for the benefit and welfare of the inmates." Pure facility repairs that do not connect to inmate welfare would not qualify. The boiler in this opinion was specifically tied to an inmate-led HVAC program and to inmate-relevant equipment maintenance.

Background and statutory framework

Section 19-3-81, inmate canteen fund. Subsection (1)(a) authorizes the board of supervisors, in its discretion, to allow the sheriff to operate inmate canteen facilities. Subsection (1)(b) directs canteen revenue into a special county-treasury "Inmate Canteen Fund" and limits expenditures to educational expenses, equipment, supplies, and equipment maintenance "for the benefit and welfare of the inmates incarcerated in the county jail," excluding personal hygiene supplies.

The fund's spending authority is vested "solely" in the sheriff. The spending categories overlap, and a single purchase can qualify under more than one category.

Citations

Miss. Code Ann. § 19-3-81

Source

Original opinion text

November 1, 2024
The Honorable Mitchell Mixon
Sheriff, George County
154 Industrial Park Road
Lucedale, Mississippi 39452
Re:

Inmate Canteen Fund Expenditures

Dear Sheriff Mixon:
The Office of the Attorney General has received your request for an official opinion.
Background
The George County Correctional Facility operates an inmate-led HVAC program. The facility's
boiler needs a new mixing valve. In addition, the George County Correctional Facility launders
inmate uniforms and requires an additional washer and dryer for such uniforms.
Questions Presented
1. May the sheriff of George County use money from the Inmate Canteen Fund, provided for
in Mississippi Code Annotated Section 19-3-81, to purchase a boiler mixing valve for the
inmate-led HVAC program at George County Correctional Facility?
2. May the sheriff of George County use money from the Inmate Canteen Fund, provided for
in Section 19-3-81, to purchase an additional washing machine and clothes dryer for inmate
uniforms?
Brief Response
1. Yes. The sheriff may use money from the Inmate Canteen Fund for the purchase of a boiler
mixing valve as an educational related expense for the inmate-led HVAC program as well
as for maintaining equipment "for the benefit and welfare of the inmates incarcerated in
the county jail," pursuant to Miss. Code Ann. § 19-3-81(1)(b).
2. Yes. The sheriff may use money from the Inmate Canteen Fund for the purchase of an
additional washing machine and clothes dryer for inmate uniforms, so long as the purchase
is made "for the benefit and welfare of the inmates incarcerated in the county jail," pursuant
to Miss. Code Ann. § 19-3-81(1)(b).
Applicable Law and Discussion
Section 19-3-81 provides, in relevant part:
(1)(a) The board of supervisors of any county is hereby authorized and empowered,
in its discretion, to allow the sheriff of such county to operate a facility or facilities
to be known as an inmate canteen facility or facilities, the purpose of which is to
make available certain goods and other items of value for purchase by inmates
confined in the county jail of such county, employees of the county jail and persons
visiting inmates or employees. The sheriff of such county shall promulgate rules
and regulations for the operation of such a facility.
(b) If the board of supervisors of any county authorizes the sheriff of such county
to operate such a facility or facilities as provided in subsection (1) of this section,
any funds which may be derived from the operation of an inmate canteen facility
or facilities shall be deposited into a special fund in the county treasury to be
designated as the "Inmate Canteen Fund." Any monies in the special fund may be
expended solely by the sheriff of the county for any educational related expenses,
to purchase equipment and supplies and to provide for maintenance of the
equipment purchased for the benefit and welfare of the inmates incarcerated in the
county jail. The term "supplies" shall not include supplies related to the personal
hygiene of inmates.
(emphasis added).
In addition to educational related expenses, the sheriff may use canteen funds to purchase general
equipment and supplies for the benefit and welfare of the inmates, other than those related to the
inmates' personal hygiene, as well as to provide for the maintenance of such equipment. Miss.
Code Ann § 19-3-81(b). Therefore, the sheriff may lawfully use canteen funds to purchase a boiler
mixing valve for the inmate-led HVAC program.
Further, in accordance with Section 19-3-81, so long as the washing machine and clothes dryer are
purchased "for the benefit and welfare of the inmates incarcerated in the county jail," purchasing
such with inmate canteen funds is lawful.
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/ Caleb A. Pracht
Caleb A. Pracht
Special Assistant Attorney General