MS 2025-08-K-Null-August-21-2025-Responsibility-for-Inmate-Expenses-Once-Defendant-is-Bound August 21, 2025

When a Mississippi municipal prisoner is bound over to the grand jury, who pays for housing the inmate, the city or the county?

Short answer: The county. Once a municipal prisoner is bound over to the grand jury at preliminary hearing, or waives the hearing, the prisoner becomes a county prisoner. From that point, the county pays inmate expenses. Before that point, the municipality pays.

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 AG opinions are persuasive authority but not binding precedent.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

The Choctaw County sheriff and the Town of Ackerman's chief of police disagreed about who pays for housing a municipal prisoner once the case is bound over to the grand jury. Town attorney Kevin Null asked the AG to settle it.

The AG's answer: at the moment a municipal prisoner's case is bound over to the grand jury at a preliminary hearing (or when the defendant waives the preliminary hearing), the prisoner becomes a county prisoner. From that point on, the county pays inmate expenses. Before that point, the municipality pays.

Section 47-1-39 authorizes the housing of municipal prisoners in the county jail under a contract between the city and county. The statute is silent on when a "municipal" prisoner becomes a "county" prisoner. The AG filled the gap by reference to long-standing prior opinions:

Wright (Apr. 13, 1994), citing Hall (Jan. 28, 1982): a municipal prisoner becomes a county prisoner when bound over at preliminary hearing or upon waiver of the hearing.
Birdsong (May 7, 1992): "after either of these events occur[,] the prisoner becomes a county prisoner. Prior to either of these events[,] the municipality is responsible for housing and expenses of the prisoner."
The AG also flagged the more cautious Rushing opinion (Apr. 4, 2024), which noted "neither statutory nor case law exists regarding city prisoners becoming county prisoners upon being bound over to the grand jury." The AG nonetheless followed the Wright/Hall/Birdsong line.

The AG cannot interpret contract terms by official opinion (Rushing at *2; Hensarling, Sept. 3, 2021), so to the extent the city and county have a written contract under Section 47-1-39 that addresses cost allocation, that contract governs (subject to whatever caps the AG identified in Purdie, Apr. 17, 2025, and Mallette, Mar. 18, 2025: $25/day for days 1-30 and $32.71/day for days 31+).

What this means for you

For sheriffs and county administrators

Track preliminary hearing outcomes precisely. The moment a municipal prisoner is bound over (or waives the hearing) is the moment the inmate becomes a county prisoner for cost purposes. Update your jail accounting to reflect the change. Stop billing the city from that point.

For municipal attorneys, mayors, and chiefs of police

Up to the bound-over moment (or waiver), the municipality is responsible for inmate expenses under your Section 47-1-39 contract with the county. After that point, you should not be billed. Audit invoices from the county against this rule. If you are being charged for days after the bound-over date, push back with this opinion.

For city clerks and finance officers

Build the bound-over date into your inmate-expense tracking. The date should appear in the case file or court minutes. Reconcile against the county's bills.

For county attorneys

This opinion is the controlling AG view on the cost-transition point. The Wright/Hall/Birdsong line is decades old and consistent. The 2024 Rushing opinion was more cautious about whether case law existed but did not contradict the long-standing rule.

If your county has an interlocal contract with municipalities for jail housing, the contract may say more about cost allocation. The AG cannot opine on contract terms, so check the contract before applying the default rule.

For state legislators

The cost-transition point is not in statute. It is a creature of AG opinions going back to 1982. If the policy goal is to lock the rule into statute, an amendment to Section 47-1-39 would do that. As is, the rule is established but a future AG could revisit it.

Common questions

When does a municipal prisoner become a county prisoner for jail-cost purposes?
At the moment the prisoner is bound over to the grand jury at a preliminary hearing, or when the prisoner waives the preliminary hearing. From that point, the prisoner is a county prisoner.

Before that point, who pays?
The municipality. The city is responsible for housing and expenses of its prisoner up to the bound-over date.

What is the per-day rate the city pays the county before the bound-over date?
Up to $25/day for days 1-30 and up to $32.71/day for days 31+, per the Purdie (Apr. 17, 2025) and Mallette (Mar. 18, 2025) opinions, applying the 2019 amendment to Section 19-25-73(3).

What if the city and county have a contract that says something different?
The contract governs (subject to statutory caps the AG has identified). The AG cannot interpret contract terms; that is for the parties or a court.

Does this rule apply to felonies and misdemeanors alike?
The "bound over to grand jury" framing implies felony cases moving to potential indictment. For misdemeanors that stay in municipal court without grand jury involvement, the prisoner remains a municipal prisoner.

What if the case is ultimately dismissed by the grand jury?
Once the prisoner is bound over, the prisoner is a county prisoner regardless of the eventual indictment outcome. The cost transition is at the bound-over point, not at the indictment or trial point.

Background and statutory framework

Section 47-1-39 authorizes the housing of municipal prisoners in the county jail under a contract between the governing authorities of the municipality and the county board of supervisors. The statute is silent on when a municipal prisoner becomes a county prisoner for cost-allocation purposes.

The AG has filled the gap consistently for over four decades:

Hall (Jan. 28, 1982): cost transition occurs at preliminary hearing bound-over or waiver.
Birdsong (May 7, 1992): same, with the explicit statement that "after either of these events occur[,] the prisoner becomes a county prisoner. Prior to either of these events[,] the municipality is responsible for housing and expenses of the prisoner."
Wright (Apr. 13, 1994): same.
Rushing (Apr. 4, 2024): noted absence of statutory or case law authority but did not depart from prior opinions.

The Purdie and Mallette opinions in 2025 set the per-day rate the city can pay before the bound-over moment.

Citations

Miss. Code Ann. § 47-1-39 (city-county contract for housing municipal prisoners)

Source

Original opinion text

August 21, 2025

Kevin Null, Esq.
Attorney, Town of Ackerman
Post Office Box 756
Ackerman, Mississippi 39753
Re:

Responsibility for Inmate Expenses Once Defendant is Bound Over
to Grand Jury

Dear Mr. Null:
The Office of the Attorney General has received your request for an official opinion.
Background
A question has arisen between the Choctaw County ("County") Sheriff and the Town of
Ackerman's Chief of Police regarding which entity is responsible for inmate expenses once a
municipal prisoner has been bound over to a grand jury for indictment.
Question Presented
Which entity is obligated to pay the expenses for a municipal prisoner whose case has been bound
over to a grand jury for indictment?
Brief Response
It is the responsibility of the County to pay inmate expenses for a municipal prisoner once that
defendant has been bound over to a grand jury for indictment.
Applicable Law and Discussion
Mississippi Code Annotated Section 47-1-39 authorizes the housing of municipal prisoners in the
county jail under a contract between the governing authorities of the municipality and the county
board of supervisors but is otherwise silent as to any point at which a "municipal" prisoner
becomes a "county" prisoner for purposes of inmate expenses. See MS AG Op., Purdie (Apr. 17,
2025); MS AG Op., Mallette (Mar. 18, 2025) (explaining the statutory caps on payment for
housing prisoners); but see MS AG Op., Rushing at 1 (Apr. 4, 2024) (explaining that neither
statutory nor case law exists regarding city prisoners becoming county prisoners upon being bound
over to the grand jury).
This office cannot opine on the interpretation of contract terms. Rushing at 2 (citing MS AG Op.,
Hensarling at 3 (Sept. 3, 2021)) (stating that we cannot offer guidance on specific language of
local agreements). However, we have 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
hearing or 2) waives said preliminary hearing. MS AG Op., Wright (Apr. 13, 1994) (citing MS AG
Op., Hall (Jan. 28, 1982)); see also MS AG Op., Birdsong at 1 (May 7, 1992) ("after either of
these events occur[,] the prisoner becomes a county prisoner. Prior to either of these events[,] the
municipality is responsible for housing and expenses of the prisoner.").
Following either the holding or waiver of a preliminary hearing in the lower court, once the
municipal prisoner's case has been bound over to a grand jury for indictment, the County becomes
responsible for the defendant inmate's expenses.
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