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

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. The opinion cites the Purdie (Apr. 17, 2025) and Mallette (Mar. 18, 2025) opinions as explaining the statutory caps on payment for housing prisoners.

What this means for you

For sheriffs and county administrators

The opinion holds that once a municipal prisoner's case "has been bound over to a grand jury for indictment," the County becomes responsible for the inmate's expenses. Drawing on the Wright, Hall, and Birdsong opinions, the transition point is when the prisoner is either bound over to the grand jury at a preliminary hearing or waives that hearing.

For municipalities (attorneys, mayors, chiefs of police)

Under the same line of opinions, the municipality is responsible for housing and expenses of its prisoner before either of those events. The opinion describes the housing arrangement as governed by the city-county contract authorized by § 47-1-39, and notes the AG "cannot opine on the interpretation of contract terms," so a written contract's allocation of costs is for the parties or a court.

For county attorneys

The opinion rests on AG opinions reaching back to the 1982 Hall opinion. It also notes the 2024 Rushing opinion's observation that "neither statutory nor case law exists" on city prisoners becoming county prisoners when bound over, while still following the older Wright/Hall/Birdsong line. Because the AG cannot interpret contract terms, the opinion leaves any contract-specific cost allocation to the § 47-1-39 agreement itself.

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?
This opinion does not state a rate. It cites the Purdie (Apr. 17, 2025) and Mallette (Mar. 18, 2025) opinions as "explaining the statutory caps on payment for housing prisoners," and points the reader to those opinions for the cap figures.

What if the city and county have a contract that says something different?
The opinion states the AG "cannot opine on the interpretation of contract terms," so the city-county contract under § 47-1-39 and a court are where contract questions are resolved.

Does this rule apply to felonies and misdemeanors alike?
The opinion addresses a prisoner whose case "has been bound over to a grand jury for indictment." It does not separately address misdemeanor cases that stay in municipal court without grand jury involvement.

What if the case is ultimately dismissed by the grand jury?
The opinion places the cost transition at the bound-over (or waiver) point. It does not address what happens to cost responsibility based on the eventual indictment outcome.

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 opinion cites the Purdie (Apr. 17, 2025) and Mallette (Mar. 18, 2025) opinions as explaining the statutory caps on payment for housing prisoners; it does not restate the cap figures.

Citations

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

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/08/K.-Null-August-21-2025-Responsibility-for-Inmate-Expenses-Once-Defendant-is-Bound-Over-to-Grand-Jury.pdf

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