Can a Mississippi sheriff use inmate canteen funds to buy a boiler valve and a jail laundry washer and dryer?

Plain-English summary

George County's sheriff asked two practical questions about Section 19-3-81 spending. The jail runs an inmate-led HVAC program, and the facility's boiler needed a new mixing valve. The jail also launders inmate uniforms and needed an additional washer and dryer for that work. Could the canteen fund pay for both?

The AG said yes to both. Section 19-3-81(1)(b) lets the sheriff use canteen funds for educational expenses, equipment, supplies, and equipment maintenance "for the benefit and welfare of the inmates." The AG concluded the mixing valve qualifies "as an educational related expense for the inmate-led HVAC program as well as for maintaining equipment," and the washer and dryer qualify "so long as the purchase is made 'for the benefit and welfare of the inmates incarcerated in the county jail.'" The statute provides that "supplies" does not include supplies related to inmate personal hygiene.

What this means for you

For sheriffs and jail administrators

The AG concluded canteen funds may pay for the boiler mixing valve, because the spending fits both the "educational related expenses" category (for the inmate-led HVAC program) and the "maintenance of the equipment" category. It also concluded the additional washer and dryer for inmate uniforms qualify "so long as the purchase is made 'for the benefit and welfare of the inmates.'" Section 19-3-81(1)(b) provides that the monies "may be expended solely by the sheriff."

For county attorneys

The opinion shows a single item can fit more than one of Section 19-3-81's authorized categories: the AG treated the boiler mixing valve as both an educational expense and equipment maintenance. The statute's one express carve-out is that "supplies" does not include supplies related to inmate personal hygiene; the authorized spending otherwise must be "for the benefit and welfare of the inmates."

For boards of supervisors

Under Section 19-3-81(1)(a), the board's role is, "in its discretion," to authorize the sheriff to operate a canteen facility. Once that is in place, Section 19-3-81(1)(b) provides that the canteen-fund monies "may be expended solely by the sheriff."

Common questions

What does Section 19-3-81 authorize the canteen fund to be spent on?

Educational expenses, equipment, supplies, and equipment maintenance, all "for the benefit and welfare of the inmates incarcerated in the county jail." The only carve-out is that "supplies" do not include personal hygiene supplies for inmates.

Why does the boiler valve qualify?

Two reasons. It is part of an inmate-led HVAC educational program (educational expenses), and it is maintenance of equipment for the inmates' welfare. Either authorization on its own would suffice.

Why do the washer and dryer qualify?

The AG concluded the additional washing machine and clothes dryer for inmate uniforms may be purchased with canteen funds "so long as the purchase is made 'for the benefit and welfare of the inmates incarcerated in the county jail.'"

Could the canteen fund pay for general jail repairs unrelated to inmate welfare?

The statute conditions canteen spending on its being "for the benefit and welfare of the inmates." The boiler in this opinion was specifically tied to an inmate-led HVAC program and to maintenance of equipment for inmate welfare, which is how the AG fit it within Section 19-3-81(1)(b).

Background and statutory framework

Section 19-3-81, inmate canteen fund. Subsection (1)(a) authorizes the board of supervisors, in its discretion, to allow the sheriff to operate inmate canteen facilities. Subsection (1)(b) directs canteen revenue into a special county-treasury "Inmate Canteen Fund" and limits expenditures to educational expenses, equipment, supplies, and equipment maintenance "for the benefit and welfare of the inmates incarcerated in the county jail," excluding personal hygiene supplies.

The fund's spending authority is vested "solely" in the sheriff. The spending categories overlap, and a single purchase can qualify under more than one category.

Citations

• Miss. Code Ann. § 19-3-81

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2024/12/M.-Mixon-November-1-2024-Use-of-Inmate-Canteen-Funds-for-HVAC-Boiler.pdf

Original opinion text

November 1, 2024
The Honorable Mitchell Mixon
Sheriff, George County
154 Industrial Park Road
Lucedale, Mississippi 39452
Re:

Inmate Canteen Fund Expenditures

Dear Sheriff Mixon:
The Office of the Attorney General has received your request for an official opinion.
Background
The George County Correctional Facility operates an inmate-led HVAC program. The facility's
boiler needs a new mixing valve. In addition, the George County Correctional Facility launders
inmate uniforms and requires an additional washer and dryer for such uniforms.
Questions Presented

1. May the sheriff of George County use money from the Inmate Canteen Fund, provided for
   in Mississippi Code Annotated Section 19-3-81, to purchase a boiler mixing valve for the
   inmate-led HVAC program at George County Correctional Facility?
2. May the sheriff of George County use money from the Inmate Canteen Fund, provided for
   in Section 19-3-81, to purchase an additional washing machine and clothes dryer for inmate
   uniforms?
   Brief Response
3. Yes. The sheriff may use money from the Inmate Canteen Fund for the purchase of a boiler
   mixing valve as an educational related expense for the inmate-led HVAC program as well
   as for maintaining equipment "for the benefit and welfare of the inmates incarcerated in
   the county jail," pursuant to Miss. Code Ann. § 19-3-81(1)(b).
4. Yes. The sheriff may use money from the Inmate Canteen Fund for the purchase of an
   additional washing machine and clothes dryer for inmate uniforms, so long as the purchase
   is made "for the benefit and welfare of the inmates incarcerated in the county jail," pursuant
   to Miss. Code Ann. § 19-3-81(1)(b).
   Applicable Law and Discussion
   Section 19-3-81 provides, in relevant part:
   (1)(a) The board of supervisors of any county is hereby authorized and empowered,
   in its discretion, to allow the sheriff of such county to operate a facility or facilities
   to be known as an inmate canteen facility or facilities, the purpose of which is to
   make available certain goods and other items of value for purchase by inmates
   confined in the county jail of such county, employees of the county jail and persons
   visiting inmates or employees. The sheriff of such county shall promulgate rules
   and regulations for the operation of such a facility.
   (b) If the board of supervisors of any county authorizes the sheriff of such county
   to operate such a facility or facilities as provided in subsection (1) of this section,
   any 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 addition to educational related expenses, the sheriff may use canteen funds to purchase general
   equipment and supplies for the benefit and welfare of the inmates, other than those related to the
   inmates' personal hygiene, as well as to provide for the maintenance of such equipment. Miss.
   Code Ann § 19-3-81(b). Therefore, the sheriff may lawfully use canteen funds to purchase a boiler
   mixing valve for the inmate-led HVAC program.
   Further, in accordance with Section 19-3-81, so long as the washing machine and clothes dryer are
   purchased "for the benefit and welfare of the inmates incarcerated in the county jail," purchasing
   such with inmate canteen funds is lawful.
   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