MS 2024-12-R-Shepard-October-23-2024-Use-of-Inmate-Canteen-Funds-for-Washer-and-Dryer October 23, 2024

Can a Mississippi jail buy a washing machine and clothes dryer for inmate uniforms with canteen funds?

Short answer: Yes. A Mississippi sheriff may use inmate canteen funds to buy a 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' as Section 19-3-81(1)(b) requires.

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 AG opinions are persuasive authority but not binding precedent.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 attorney asked whether the jail could use Inmate Canteen Fund money to buy a washing machine and clothes dryer dedicated to inmate uniforms. The AG said yes. Section 19-3-81(1)(b) lets the sheriff use canteen funds 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 personal-hygiene exclusion in the statute does not apply to laundry equipment for inmate-issued uniforms, because uniforms are not personal hygiene items.

This October 2024 opinion is the companion to the November 2024 Mixon opinion, which extended the same conclusion to a boiler mixing valve for an inmate-led HVAC program plus an additional washer and dryer for the same George County facility.

What this means for you

For sheriffs and jail administrators

You can use canteen-fund money for laundry equipment dedicated to inmate uniforms. Document the purchase as serving inmate welfare. The personal-hygiene exclusion catches things like soap, shampoo, deodorant, razors, and similar personal grooming supplies, not laundry equipment for jail-issued clothing.

For county attorneys advising the sheriff

Section 19-3-81 spending categories are broad: educational expenses, equipment, supplies, and equipment maintenance, all "for the benefit and welfare of the inmates." A washer and dryer for inmate uniforms fits the equipment category. The opinion is short because the analytical work is straightforward once you map the purchase to the right category.

For boards of supervisors

Once your county has authorized the sheriff to operate a canteen, you do not need to re-authorize each canteen-fund expenditure. The sheriff has the spending authority within Section 19-3-81's parameters.

Common questions

What does Section 19-3-81 permit canteen funds to be spent on?

"Educational related expenses," "equipment and supplies," and "maintenance of the equipment purchased for the benefit and welfare of the inmates." The exclusion is for personal hygiene supplies.

Why isn't a washer/dryer for inmate uniforms a "personal hygiene" item?

Personal hygiene supplies are things directly used for personal grooming or sanitation, like soap, toothpaste, shampoo, deodorant, and razors. Laundry equipment for jail-issued clothing is operational equipment for the jail, not a personal hygiene supply for the individual inmate.

Are there other 2024 Mississippi AG opinions on canteen-fund use?

Yes. The July 2024 R. Shepard opinion confirmed that uniforms and mattresses can be purchased with canteen funds. The November 2024 Mixon opinion confirmed that a boiler mixing valve and additional washer/dryer can also be purchased. Together with this October 2024 opinion, the picture is consistent: jail-operations equipment that serves inmate welfare fits within Section 19-3-81's authorization.

Background and statutory framework

Section 19-3-81, inmate canteen fund. Subsection (1)(b) authorizes the sheriff to spend canteen-fund money on educational expenses, equipment, supplies, and equipment maintenance "for the benefit and welfare of the inmates incarcerated in the county jail," excluding personal hygiene supplies. Spending authority is vested solely in the sheriff.

Citations

Miss. Code Ann. § 19-3-81

Source

Original opinion text

October 23, 2024
Robert P. Shepard, Esq.
Attorney, George County
922 Manila Street
Lucedale, Mississippi 39452
Re:

Inmate Canteen Funds

Dear Mr. Shepard:
The Office of the Attorney General has received your request for an official opinion.
Question Presented
May the jail use money from the Inmate Canteen Fund, Mississippi Code Annotated Section 19-3-81, to purchase a washing machine and clothes dryer to be used only for inmate uniforms?
Brief Response
The jail may use inmate canteen funds to purchase a washing machine and clothes dryer so long
as the purchase is made "for the benefit and welfare of the inmates incarcerated in the county jail."
Miss. Code Ann. § 19-3-81(1)(b).
Applicable Law and Discussion
Section 19-3-81 provides:

(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 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/ Abigail C. Overby
Abigail C. Overby
Special Assistant Attorney General