Ezel / AG Opinions / MS
MS 2025-03-P-Mallette-March-18-2025-Contract-for-Jail-Services March 18, 2025

How much can a Mississippi city pay a county per day to hold a city's pretrial detainee or prisoner in the county jail?

Short answer: Up to $25 per day for days one through thirty, and up to $32.71 per day for day 31 and beyond. Sections 19-25-73(3), 47-5-901, and 47-5-909 cap municipal payments to a county for housing municipal detainees at the same rate the state pays for housing state inmates. Earlier AG opinions referencing different rates are superseded by statutory amendments.
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 AG opinions are persuasive authority but not binding precedent.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

Oxford asked: when a city contracts with the county to hold city detainees in the county jail, how much can the city pay per day? The current statutes (post-amendment) build the answer in three steps:

  1. Section 47-1-39 lets a city contract with the county board of supervisors for use of the county jail by the city.

  2. Section 19-25-73(3) caps the county's charge to any political subdivision for housing prisoners at "an amount not to exceed the payments provided under state law for the keeping in the county jail of persons committed, sentenced or otherwise placed under the custody of the Department of Corrections."

  3. The state pays the county under two related statutes:
    - Section 47-5-901(2) and (3): a per-day cost not to exceed $25 per offender, except as authorized by Section 47-5-909(2).
    - Section 47-5-909(2): in the absence of a negotiated contract between the Department of Corrections and the county jail, $25 per day for days 1-30, and $32.71 per day for days 31 and beyond.

Combining those, the AG concluded a city is authorized to pay a county up to $25 per day for days 1-30 and up to $32.71 per day for days 31+. Older AG opinions (Cossar 1991 and Cossar 1995) cited different rates, but those reflected the pre-amendment statutes. The current opinion supersedes them to the extent of any inconsistency.

What this means for you

For mayors and city councils negotiating jail-services contracts

The maximum per-diem you can lawfully pay is fixed by statute: $25 for days 1-30 and $32.71 for days 31+. You can negotiate lower amounts. You cannot agree to pay higher amounts (a county that demands more is exceeding statutory authority).

For budget planning, project both halves: short-term holds (under 30 days) charge at $25/day; longer holds (over 30 days) jump to the higher tier on day 31. If your typical city pretrial detention runs over 30 days because of court delays, the budget impact is real.

For sheriffs and county supervisors

Section 19-25-73 caps the county charge at the state-payment rate. You cannot charge a city more than the rates listed above unless the legislature changes the statute. Build your jail-services contract on that ceiling.

If your county jail is at or near capacity and the city contracts are crowding out state-prisoner contracts (which use the same rates), that is a capacity-management issue, not a rate issue. The rate is fixed.

For municipal attorneys and county attorneys drafting the contract

Reference the controlling statutes explicitly. Sections 47-1-39, 19-25-73(3), 47-5-901, and 47-5-909 are the statutory architecture. Match the contract's per-diem provisions to the statutes. The contract should also address:

  • Medical care responsibilities (Section 47-5-901 contemplates the county's cost for food and medical attention).
  • Notice and reporting requirements when detainees are transferred or released.
  • Termination provisions if either side wants out.

For corrections administrators and budget staff

The statute creates a real fiscal cliff at day 31. A 30-day pretrial period costs the city $750 per detainee at maximum rate ($25 × 30). An additional 30 days adds $981 ($32.71 × 30). Track each detainee's days carefully; the per-diem rate change is automatic and the math compounds quickly with multiple detainees.

For taxpayers watching corrections spending

The day-31 step-up is significant. If your city pays the maximum rate, a detainee held 60 days costs the city about $1,731. That is in addition to the public defender, court costs, and other corrections-related expenses. If your city's pretrial detention rate is high, the jail-contract line in the city budget may be substantial.

Common questions

Why is the rate the same as the state pays for state inmates?
Section 19-25-73(3) explicitly caps the political-subdivision rate at the state-payment rate. The legislative theory is that the county should not extract a premium from cities for the same kind of service the state itself receives.

What happens if the county and the city negotiate a lower rate?
Lower rates are fine. The statute caps the maximum. A city and county can agree to any number at or below $25/day (and any number at or below $32.71/day for the longer-stay tier).

Does the rate include medical care?
Section 47-5-901(2) frames the per-diem as "the cost of feeding and housing offenders." Medical care is sometimes treated separately. Read your contract carefully and include a clear allocation provision.

What if the city does not have a contract and just shows up with a detainee?
Without a contract, the city has no legal basis to use the jail. Section 47-1-39 requires a contract between the city and the county board. If you find your city operating without one, fix it immediately.

Does this rate increase automatically over time?
No. Statutory rates change only when the legislature amends the statute. The 2024 amendments produced the current rates. Future legislative sessions may adjust them.

Background and statutory framework

Section 47-1-39 authorizes a municipality to contract with the county board of supervisors for use of the county jail by the municipality.

Section 19-25-73(3) caps what the county may charge any political subdivision (city, county, or other) for housing prisoners:

In the event that prisoners are housed in the county jail by any political subdivision of the state, the county may charge the political subdivision for housing, feeding and otherwise caring for such prisoners an amount not to exceed the payments provided under state law for the keeping in the county jail of persons committed, sentenced or otherwise placed under the custody of the Department of Corrections.

Sections 47-5-901(2) and (3) establish what the Department of Corrections pays counties for state inmates:

If state prisoners are housed in county jails due to a lack of capacity at state correctional institutions, the Department of Corrections shall determine the cost for food and medical attention for such prisoners. The cost of feeding and housing offenders confined in such county jails shall be based on actual costs or contract price per prisoner. In order to maximize the potential use of county jail space, the Department of Corrections is encouraged to negotiate a reasonable per day cost per prisoner, which in no event may exceed Twenty-five Dollars ($25.00) per day per offender, except as authorized in Section 47-5-909(2).

Section 47-5-909(2):

Notwithstanding any other provision of law, to expedite the removal of inmates from county jails as early as practicable, absent a contract negotiated between the Department of Corrections and the county jail, the Department of Corrections shall pay county jails for housing state offenders out of any available funds as follows:

(a) Twenty-five Dollars ($25.00) per day per offender for days one (1) through thirty (30);
(b) Thirty-two Dollars and Seventy-one Cents ($32.71) per day per offender for days thirty-one (31) or greater.

Older AG opinions (MS AG Ops., Cossar (Dec. 6, 1991) and Cossar (Mar. 8, 1995)) reflected the pre-amendment statutes. The current opinion supersedes them to the extent of inconsistency.

Citations

  • Miss. Code Ann. § 47-1-39 (city-county contract for jail use)
  • Miss. Code Ann. § 19-25-73(3) (county charge cap to political subdivisions)
  • Miss. Code Ann. § 47-5-901(2) (state payment to counties for state inmates)
  • Miss. Code Ann. § 47-5-901(3) (voucher procedure)
  • Miss. Code Ann. § 47-5-909(2)(a) ($25/day for days 1-30)
  • Miss. Code Ann. § 47-5-909(2)(b) ($32.71/day for days 31+)
  • MS AG Op., Cossar (Dec. 6, 1991) (superseded to extent inconsistent)
  • MS AG Op., Cossar (Mar. 8, 1995) (superseded to extent inconsistent)

Source

Original opinion text

March 18, 2025

Pope S. Mallette, Esq.
Attorney, City of Oxford
2094 Old Taylor Road, Suite 200
Oxford, Mississippi 38655

Re: Contract for Jail Services

Dear Mr. Mallette:

The Office of the Attorney General has received your request for an official opinion.

Background

According to your request, Oxford ("City") has asked that you seek an official opinion regarding the maximum amount that a municipality may pay to the county if it decides to enter a contract for jail services for municipal detainees held in the county jail. Your question arises because of changes in the laws authorizing a municipality or other political subdivision to enter a contract for jail services.

Question Presented

Is the City allowed to increase the amount it pays to counties for holding a City pretrial detainee or prisoner in the county jail up to as much as $32.71 for days thirty-one and greater, as provided by Mississippi Code Annotated Section 47-5-909?

Brief Response

The City is authorized to pay a county up to $25 per day for days one through thirty and $32.71 for days thirty-one or greater for holding a municipal pretrial detainee or prisoner in the county jail in accordance with Sections 19-25-73(3), 47-5-901(2) and (3), and 47-5-909.

Applicable Law and Discussion

Municipalities have the authority to contract with the county board of supervisors "for the use of the county jail by the municipality." Miss. Code Ann. § 47-1-39. Pursuant to Section 19-25-73(3):

In the event that prisoners are housed in the county jail by any political subdivision of the state, the county may charge the political subdivision for housing, feeding and otherwise caring for such prisoners an amount not to exceed the payments provided under state law for the keeping in the county jail of persons committed, sentenced or otherwise placed under the custody of the Department of Corrections.

With respect to how much the Department of Corrections is authorized to pay a county for housing state prisoners, Section 47-5-901 provides:

(2) If state prisoners are housed in county jails due to a lack of capacity at state correctional institutions, the Department of Corrections shall determine the cost for food and medical attention for such prisoners. The cost of feeding and housing offenders confined in such county jails shall be based on actual costs or contract price per prisoner. In order to maximize the potential use of county jail space, the Department of Corrections is encouraged to negotiate a reasonable per day cost per prisoner, which in no event may exceed Twenty-five Dollars ($25.00) per day per offender, except as authorized in Section 47-5-909(2).

(3)(a) Upon vouchers submitted by the board of supervisors of any county housing persons due to lack of space at state institutions, the Department of Corrections shall pay to such county, out of any available funds, the actual cost of food, or contract price per prisoner, not to exceed Twenty-five Dollars ($25.00) per day per offender, except as authorized in Section 47-5-909(2) . . . .

We next turn to Section 47-5-909(2), which provides:

(2) Notwithstanding any other provision of law, to expedite the removal of inmates from county jails as early as practicable, absent a contract negotiated between the Department of Corrections and the county jail, the Department of Corrections shall pay county jails for housing state offenders out of any available funds as follows:

(a) Twenty-five Dollars ($25.00) per day per offender for days one (1) through thirty (30);
(b) Thirty-two Dollars and Seventy-one Cents ($32.71) per day per offender for days thirty-one (31) or greater . . . .

Accordingly, it is the opinion of this office that for holding a municipal pretrial detainee or prisoner in the county jail, a municipality is authorized to pay a county up to $25 per day for days one through thirty and up to $32.71 for days thirty-one or greater.

Your request cites several previous Attorney General's opinions, noting that the referenced statutes have been amended since these previous opinions were issued. See MS AG Ops., Cossar (Dec. 6, 1991), and Cossar (March 8, 1995). We recognize that while these prior opinions were correct interpretations of the law at the time, later statutory amendments may have rendered portions of these prior opinions obsolete. Additionally, to the extent that any prior opinions conflict with this one, 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/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General