When a city arrests a person and that person is bound over to the grand jury, does the city or the county pay the jail housing bill?

Plain-English summary

Montgomery County told the AG it has no jail and pays a daily fee to house both county and municipal prisoners elsewhere. The county and City of Winona asked who pays after a municipal prisoner is bound over to the grand jury and whether the county can seek reimbursement from the city if the grand jury does not indict.

The AG says the county pays the prisoner's upkeep and expenses once the prisoner has been bound over after a preliminary hearing or has waived the hearing and been bound over. The county remains responsible even if the grand jury does not indict. The opinion cites earlier AG opinions, including Null, Wright, Nowak, Birdsong, and Richardson, for those answers.

The request identified conflicting earlier AG opinions. The AG says this opinion is "controlling on the issues presented" to the extent those earlier opinions conflict. It does not claim to be binding law beyond that statement.

What this means for you

City and county officials handling prisoner expenses

The AG places responsibility for upkeep and expenses with the county after a municipal prisoner is bound over to the grand jury following a preliminary hearing or waiver. Its answer does not depend on a later indictment. The opinion does not address a different arrangement by agreement between the city and county.

Sheriffs and jail administrators

The opinion identifies the preliminary hearing or waiver, followed by bind-over for grand jury indictment, as the point when a municipal prisoner becomes a county prisoner for expense purposes. That applies to the fee-based housing arrangement described in the request.

Common questions

Q: When does a municipal prisoner become a county prisoner for jail expenses?
A: Under the AG's answer, when the prisoner is bound over to the grand jury after a preliminary hearing or has waived that hearing and been bound over.

Q: Does the county pay if the grand jury never indicts?
A: Yes. The opinion says the county remains responsible for the prisoner's upkeep after bind-over even if the grand jury fails to indict.

Q: Can the county bill the city afterward if there is no indictment?
A: No. The AG answers that the county is not entitled to reimbursement from the municipality in the circumstances presented.

Q: Does this opinion override conflicting earlier AG opinions?
A: It says it is "controlling on the issues presented" to the extent earlier AG opinions conflict. It does not address other factual arrangements.

Background and statutory framework

The AG relies on its earlier opinions about when a municipal prisoner becomes a county prisoner. It quotes Null, citing Wright, for the two routes: bind-over at a preliminary hearing or waiver of that hearing. Nowak and Birdsong also support the county's cost responsibility. Richardson supports the answer that a failed indictment does not shift the cost back to the municipality.

Citations and references

Prior AG opinions cited:

• MS AG Op., Null (Aug. 21, 2025)
• MS AG Op., Wright (Apr. 13, 1994)
• MS AG Op., Nowak (Apr. 15, 2016)
• MS AG Op., Birdsong (May 7, 1992)
• MS AG Op., Richardson (Apr. 16, 1990)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2026/03/Kirk-Taylor-March-10-2026-Municipal-Inmate-Expenses.pdf

Original opinion text

March 10, 2026

R. Adam Kirk, Esq.
Attorney, City of Winona
J. Ryan Taylor, Esq.
Attorney, Montgomery County
Post Office Box 1069
Grenada, Mississippi 38901

Re: Municipal Inmate Expenses

Dear Mr. Kirk and Mr. Taylor:

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

Background

You have advised that Montgomery County does not have a jail. For this reason, all county and municipal prisoners are housed in other facilities for a daily fee. You have indicated that there is a question regarding whether Montgomery County ("County") or the City of Winona ("Municipality") is required to pay the expenses of municipal prisoners who have been bound over to a grand jury for indictment.

Questions Presented

1. Which entity is obligated to pay the expenses of municipal prisoners bound over to the grand jury for indictment?

2. If it is determined that the County is obligated to pay the expenses of a municipal prisoner bound over to the grand jury for indictment, is the County entitled to receive reimbursement from the Municipality if the prisoner is not indicted?

Brief Response

1. It is the responsibility of the County to pay for the upkeep and expenses of a municipal prisoner who has been bound over to a grand jury for indictment.

2. No. The County is obligated to pay for the upkeep and expenses of a municipal prisoner who has been bound over to a grand jury for indictment even if the grand jury fails to indict the municipal prisoner.

Applicable Law and Discussion

This office has "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., Null at 1 (Aug. 21, 2025) (citing MS AG Op., Wright (Apr. 13, 1994)). That is to say, the County becomes responsible for the prisoner's expenses once a preliminary hearing has either been held or waived, and the prisoner has been bound over for grand jury indictment. MS AG Op., Null at 1; see also MS AG Op., Nowak at 1 (Apr. 15, 2016); MS AG Op., Birdsong at 1 (May 7, 1992).

With regard to your second question, this office has previously opined that even where the grand jury fails to indict the prisoner, the County is responsible for the upkeep of the prisoner once he has been bound over to the grand jury or waived his right to a preliminary hearing. See MS AG Op., Richardson at *1 (Apr. 16, 1990).

You note in your request that there are conflicting opinions of this office addressing this issue. To the extent such opinions conflict, 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/ Kristi D. Kennedy
Kristi D. Kennedy
Special Assistant Attorney General