Can a Mississippi jail buy a washing machine and clothes dryer for inmate uniforms with canteen funds?

Plain-English summary

George County's attorney asked whether the jail could use Inmate Canteen Fund money to buy a washing machine and clothes dryer to be used only for inmate uniforms. The AG said yes. Section 19-3-81(1)(b) lets the sheriff spend canteen-fund money "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 AG concluded that buying the washing machine and clothes dryer with canteen funds is lawful "so long as the washing machine and clothes dryer are purchased 'for the benefit and welfare of the inmates incarcerated in the county jail.'"

What this means for you

For sheriffs and jail administrators

Under this opinion, canteen-fund money may be used for a washing machine and clothes dryer, "so long as the purchase is made 'for the benefit and welfare of the inmates incarcerated in the county jail.'" Section 19-3-81(1)(b) authorizes the sheriff to spend canteen funds on educational expenses, equipment, supplies, and equipment maintenance for inmate welfare, and provides that the term "supplies" does not include supplies related to inmate personal hygiene.

For county attorneys advising the sheriff

The opinion is short: it maps the washer-and-dryer purchase to Section 19-3-81(1)(b)'s authorization to "purchase equipment and supplies . . . for the benefit and welfare of the inmates," conditioned on that welfare purpose. The statute provides that the canteen-fund monies "may be expended solely by the sheriff of the county."

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 an inmate canteen facility. Once that authorization is in place, the canteen-fund monies "may be expended solely by the sheriff" for the purposes the statute lists.

Common questions

What does Section 19-3-81 permit canteen funds to be spent on?

"[A]ny 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 statute adds that the term "supplies" "shall not include supplies related to the personal hygiene of inmates."

Does the personal-hygiene exclusion affect a washer and dryer purchase?

Section 19-3-81(1)(b) excludes "supplies related to the personal hygiene of inmates" from what canteen "supplies" may cover. The opinion did not analyze that exclusion in detail; it concluded the washing machine and clothes dryer may be purchased "so long as" the purchase is "for the benefit and welfare of the inmates incarcerated in the county jail."

Who controls how canteen funds are spent?

Section 19-3-81(1)(b) provides that the monies "may be expended solely by the sheriff of the county" for the authorized purposes.

Background and statutory framework

Section 19-3-81, inmate canteen fund. Subsection (1)(b) authorizes the sheriff to spend canteen-fund money on educational expenses, equipment, supplies, and equipment maintenance "for the benefit and welfare of the inmates incarcerated in the county jail," excluding personal hygiene supplies. Spending authority is vested solely in the sheriff.

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/R.-Shepard-October-23-2024-Use-of-Inmate-Canteen-Funds-for-Washer-and-Dryer.pdf

Original opinion text

October 23, 2024
Robert P. Shepard, Esq.
Attorney, George County
922 Manila Street
Lucedale, Mississippi 39452
Re:

Inmate Canteen Funds

Dear Mr. Shepard:
The Office of the Attorney General has received your request for an official opinion.
Question Presented
May the jail use money from the Inmate Canteen Fund, Mississippi Code Annotated Section 19-3-81, to purchase a washing machine and clothes dryer to be used only for inmate uniforms?
Brief Response
The jail may use inmate canteen funds to purchase a washing machine and clothes dryer so long
as the purchase is made "for the benefit and welfare of the inmates incarcerated in the county jail."
Miss. Code Ann. § 19-3-81(1)(b).
Applicable Law and Discussion
Section 19-3-81 provides:

(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 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/ Abigail C. Overby
Abigail C. Overby
Special Assistant Attorney General