2010 Mississippi Code
TITLE 47 - PRISONS AND PRISONERS; PROBATION AND PAROLE
Chapter 5 - Correctional System.
47-5-903 - Other conditions under which sentence may be served in county jail; governmental liability. [Repealed effective July 1, 2012].

§ 47-5-903. Other conditions under which sentence may be served in county jail; governmental liability. [Repealed effective July 1, 2012].
 

(1)  A person committed, sentenced or otherwise placed under the custody of the Department of Corrections, on order of the sentencing court, may serve his sentence in the county jail of the county where convicted if all of the following conditions are complied with: 

(a) The person must be classified in accordance with Section 47-5-905; 

(b) The person must not be classified as in need of close supervision; 

(c) The sheriff of the county where the person will serve his sentence must request in writing that the person be allowed to serve his sentence in that county jail; 

(d) After the person is classified and returned to the county, the county shall assume the full and complete responsibility for the care and expenses of housing such person; and 

(e) The county jail must be an approved county jail for housing state inmates under federal court order. 

(2)  This section does not apply to inmates housed in county jails due to lack of space at state correctional facilities. The department shall not reimburse the county for the expense of housing an inmate under this section. 

(3)  The Attorney General of the State of Mississippi shall defend the employees of the Department of Corrections and officials and employees of political subdivisions against any action brought by any person who was committed to a county jail under the provisions of this section. 

(4)  The state, the Department of Corrections, and its employees or agents, shall not be liable to any person or entity for an inmate held in a county jail under this section. 
 

Sources: Laws,  1992, ch. 547, § 2; reenacted without change, Laws,  1997, ch. 408, § 2; reenacted without change, Laws, 1998, ch. 419, § 2; reenacted without change, Laws, 1999, ch. 538, § 2; reenacted without change, Laws, 2002, ch. 426, § 2; reenacted without change, Laws, 2003, ch. 421, § 2; reenacted without change, Laws, 2004, ch. 537, § 2; reenacted without change, Laws, 2005, ch. 395, § 2; reenacted without change, Laws, 2007, ch. 603, § 2; reenacted without change, Laws, 2008, ch. 323, § 2, eff from and after passage (approved Mar. 24, 2008.)