Can a Mississippi county sheriff use the inmate canteen fund to buy materials and supplies for jail vocational education programs (HVAC, construction, vehicle repair, electrical)?

Plain-English summary

Harrison County runs vocational classes for jail inmates in HVAC, construction, vehicle repair, and electrical work. The jail's attorney asked whether inmate canteen funds could pay for materials for those classes, including construction materials and vehicle parts.

The AG answered that canteen funds could be used if the sheriff determined the proposed purchase was an educational-related expense. Section 19-3-81(1)(b) permits canteen spending for educational-related expenses and for equipment, supplies, and maintenance for inmate benefit and welfare. It excludes supplies related to inmates' personal hygiene.

The AG cited earlier opinions for the rule that whether a proposed expenditure is educational is a factual determination for the sheriff in the sheriff's sound discretion. The opinion did not determine whether any particular item in the request qualified.

What this means for you

If you are a Mississippi sheriff or jail administrator running vocational programs

The opinion places the factual determination with the sheriff. For a proposed purchase:

1. Determine whether it is an educational-related expense. The AG says this is a factual decision for the sheriff in the sheriff's sound discretion.
2. Keep it about benefit to the inmates. Section 19-3-81(1)(b) requires that the supplies and equipment be "for the benefit and welfare of the inmates incarcerated in the county jail." Materials that primarily benefit a private contractor or a county department other than the jail are vulnerable.
3. Watch the personal-hygiene exclusion. The statute excludes supplies related to inmates' personal hygiene. That carve-out is narrow but absolute. Plan a separate funding source for soap, toothpaste, razors, and similar.
4. Apply the opinion’s limit. The AG addresses whether the described vocational supplies may qualify as educational expenses for inmate benefit. It does not address the purchase process or Board approval.

If you serve on a Board of Supervisors

The opinion says the sheriff determines whether a proposed purchase qualifies as an educational-related expense. It does not address the Board’s role in processing purchases from the canteen fund.

If you are an inmate enrolled in (or applying for) a jail vocational program

The opinion addresses whether the sheriff may use canteen funds for materials for vocational classes. It leaves the educational-expense determination for each proposed purchase to the sheriff; it does not decide whether any inmate may participate in a program.

If you are an advocate for inmate rehabilitation

The opinion identifies the canteen statute as a possible funding source for vocational-class materials. It cites earlier opinions for the rule that the sheriff decides whether a proposed purchase is an educational-related expense. It makes no categorical finding about any type of class or material.

Common questions

Q: Can a Mississippi sheriff use the inmate canteen fund to buy auto parts and HVAC components for jail vocational classes?
A: Yes, if the sheriff determines that the purchase is an educational-related expense for the benefit and welfare of the inmates. Section 19-3-81(1)(b) authorizes that use, and the AG has consistently held that the determination is committed to the sheriff's discretion.

Q: Who decides whether a particular purchase is an "educational-related expense"?
A: The sheriff, in his sound discretion. The opinion leaves that factual judgment to the sheriff.

Q: What can't the canteen fund pay for?
A: The statute excludes "supplies related to the personal hygiene of inmates." It also limits the fund to expenses that benefit and welfare the inmates (so it can't be used for general county purposes unrelated to the jail population).

Q: Can the sheriff write a check straight from the canteen fund without Board of Supervisors involvement?
A: This opinion does not address procurement mechanics, who issues payment, or whether Board approval is required. It says the fund is a special fund in the county treasury and that the sheriff determines whether a proposed educational expenditure qualifies.

Q: Did the AG approve particular vocational trades or materials?
A: No. The request described HVAC, construction, vehicle repair, and electrical classes, but the AG did not decide that every purchase for those classes qualifies. The sheriff must determine whether the proposed expenditure is educational-related. The requester's description of rehabilitation goals was background, not a legal test adopted by the AG.

Background and statutory framework

Mississippi Code Annotated Section 19-3-81 lets a county Board of Supervisors authorize the sheriff to operate an inmate canteen facility. Inmates, jail employees, and visitors can buy goods at the canteen. The proceeds go into a special fund in the county treasury called the "Inmate Canteen Fund."

Subsection (1)(b) governs how the money can be used. The text:

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.

Three principles emerge from the AG opinion line:

• The sheriff has sole authority to make spending decisions from the fund.
• The fund must be used for inmate benefit and welfare, with educational-related expenses, equipment, supplies, and maintenance as the permissible categories.
• Whether a particular expenditure qualifies as educational is a factual question for the sheriff, not the AG (Davis 2002; Shepard 2017, 2018; Adam 2019).

The Barvie 2025 opinion does not change the rule; it confirms that the existing rule covers vocational-class materials.

Citations and references

Statute:

• Miss. Code Ann. § 19-3-81(1)(b) (inmate canteen fund and permitted expenditures)

Prior AG opinions cited:

• MS AG Op., Adam (Feb. 15, 2019): Canteen funds may be used for any educational-related expense; sheriff makes the determination.
• MS AG Op., Shepard (June 8, 2018): Same.
• MS AG Op., Shepard (July 7, 2017): Same.
• MS AG Op., Davis (Mar. 22, 2002): Educational-related expense is a factual question for the sheriff.

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/10/M.-Barvie-October-3-2025-Use-of-Inmate-Canteen-Funds-for-Vocational-Education-Programs.pdf

Original opinion text

October 3, 2025

Mariano Barvie, Esq.
Attorney, Harrison County Sheriff's Office
2701 24th Avenue
Gulfport, Mississippi 39501-4941

Re: Use of Inmate Canteen Funds for Vocational Education Programs

Dear Mr. Barvie:

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

Background

According to your request, the Harrison County Jail operates vocational education programs for inmates, including instruction in HVAC, construction, vehicle repair, and electrical work. These programs are aimed at providing inmates with valuable vocational skills that could assist in their rehabilitation and reintegration into society.

Questions Presented

1. May funds generated from an inmate canteen fund at the Harrison County Jail be used to purchase materials for educational programs that consist of vocational classes such as HVAC, construction, vehicle repairs, and electrical?
2. For example, may construction materials and vehicle parts be purchased to assist inmates in the construction and auto repair classes?

Brief Response

1. In MS AG Op., Adam at *1 (Feb. 15, 2019), this office stated that so long as the desired expenditure "was found to be an educational-related expense, inmate canteen funds could be used." This is a factual determination to be made by the sheriff.
2. Please see response to question one.

Applicable Law and Discussion

Mississippi Code Annotated Section 19-3-81(1)(b) provides in part,

> [A]ny 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 MS AG Op., Adam at 1, this office stated that so long as the desired expenditure "was found to be an educational-related expense, inmate canteen funds could be used." See also MS AG Op., Shepard at 1 (June 8, 2018) (same); MS AG Op., Shepard at 1 (July 7, 2017) (same). Whether an expenditure is "an education-related expense is a factual question to be determined by the [s]heriff in his sound discretion." MS AG Op., Shepard at 1 (June 8, 2018) (citing MS AG Op., Davis at *2 (Mar. 22, 2002)).

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/ Maggie Kate Bobo
Maggie Kate Bobo
Special Assistant Attorney General