Mississippi Code
Miss. Code Ann. § 47-4-1 (2026)
Privately operated correctional facilities authorized for federal and other states' inmates
✓ current as of July 2026
- (1) It is lawful for there to be located within Wilkinson County and Leflore County a correctional facility operated entirely by a private entity pursuant to a contractual agreement between such private entity and the federal government, any state, or a political subdivision of any state to provide correctional services to any such public entity for the confinement of inmates subject to the jurisdiction of such public entity. Any person confined in such a facility pursuant to the laws of the jurisdiction from which he is sent shall be considered lawfully confined within this state. The private entity shall assume complete responsibility for the inmates and shall be liable to the State of Mississippi for any illegal or tortious actions of such inmates.
- (2) The Department of Corrections shall contract with the Board of Supervisors of Leflore County for the private incarceration of not more than one thousand (1,000) state inmates at a facility in Leflore County. Any contract must comply with the requirements of Section 47-5-1211 through Section 47-5-1227.
- (3) It is lawful for any county to contract with a private entity for the purpose of providing correctional services for the confinement of federal inmates subject to the jurisdiction of the United States. Any person confined in such a facility pursuant to the laws of the United States shall be considered lawfully confined within this state. The private entity shall assume complete responsibility for the inmates and shall be liable to the county or the State of Mississippi, as the case may be, for any illegal or tortious actions of the inmates.
- (4) It is lawful for there to be located within any county a correctional facility operated entirely by a private entity and the federal government to provide correctional services to the United States for the confinement of federal inmates subject to the jurisdiction of the United States. Any person confined in a facility pursuant to the laws of the United States shall be considered lawfully confined within this state. The private entity shall assume complete responsibility for the inmates and shall be liable to the State of Mississippi for any illegal or tortious actions of the inmates.
A person convicted of simple assault on an employee of a private correctional facility while such employee is acting within the scope of his or her duty or employment shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than five (5) years, or both.
A person convicted of aggravated assault on an employee of a private correctional facility while such employee is acting within the scope of his or her duty or employment shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) or by imprisonment for not more than thirty (30) years, or both.
- (5) The Department of Corrections may contract with the Tallahatchie County Correctional Facility authorized in Chapter 904, Local and Private Laws of 1999, for the private incarceration of not more than one thousand (1,000) state inmates at a facility in Tallahatchie County. Any contract must comply with the requirements of Section 47-5-1211 through Section 47-5-1227. No state inmate shall be assigned to the Tallahatchie County Correctional Facility unless the inmate cost per day is at least ten percent (10%) less than the inmate cost per day for housing a state inmate at a state correctional facility.
- (6) If a private entity houses state inmates, the private entity shall not displace state inmate beds with federal inmate beds unless the private entity has obtained prior written approval from the Commissioner of Corrections.
- (7) It is lawful for there to be located within Leflore County a correctional facility operated entirely by a private entity pursuant to a contractual agreement between such private entity and the federal government, the State of Mississippi, or Leflore County for the incarceration of federal inmates. Such correctional facility may include a separate Leflore County jail which may be located on or adjacent to the correctional facility site. To further the provisions of this subsection:
- (a) Any private entity, the State of Mississippi, or Leflore County may enter into any agreement regarding real property or property, including, but not limited to, a lease, a ground lease and leaseback arrangement, a sublease or any other lease agreement or arrangement, as lessor or lessee. Such agreements shall not exceed forty (40) years. The Department of Corrections may enter such agreements or arrangements on behalf of the State of Mississippi;
- (b) The powers conferred under this subsection shall be additional and supplemental to the powers conferred by any other law. Where the provisions of this subsection conflict with other law, this subsection shall control; and
- (c) The private entity shall assume complete responsibility for the inmates and shall be liable to the State of Mississippi for any illegal or tortious actions of the inmates.
Laws, 1992, ch. 537, § 1; Laws, 1994 Ex Sess, ch. 26, § 5; Laws, 1997, ch. 486, § 1; Laws, 2004, ch. 540, § 1, eff. 5/13/2004.
Amended by Laws, 2013, ch. 480, SB 2547, 1, eff. 4/1/2013.
Notes of Decisions
Cited in 8
cases, 1998–2011 · leading case: Tillis v. State, 43 So. 3d 1127 (Miss. 2010).
Tillis v. State, 43 So. 3d 1127 (Miss. 2010). “Zenas Tillis, an inmate at Walnut Grove Youth Correctional Facility ("Walnut Grove"), was indicted for the simple assault of Kathy Hogue, a nurse who worked at Walnut Grove, under the enhanced sentencing provisions of Mississippi Code Sections 47-4-1 and 97-3-7. Following a jury…”
Gorton v. Rance, 52 So. 3d 351 (Miss. 2011). “…fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than five (5) years, or both. Miss.Code Ann. § 47-4-1(4) (Rev.2004).”
Moten v. State, 20 So. 3d 757 (Miss. Ct. App. 2009). “On May 6, 2008, a Leake County jury found Javoras Moten guilty of simple assault of an employee of a private correctional facility in violation of Mississippi Code Annotated section 47-4-1 (Rev.2004). He was sentenced to serve four and one-half years in the custody of the…”
Tubwell v. Grant, 760 So. 2d 687 (Miss. 2000). “Pursuant to Miss.Code Ann. § 47-4-1 (Supp.1999), the MDOC has explicit authority to house state inmates at D.”
State of Tennessee v. Anthony Wayne Lankford & Christopher Arthur McKeon, 51 S.W.3d 212 (Tenn. Crim. App. 2001). “See Miss.Code Ann. § 47-4-1 (1999). West Virginia and Colorado expressly prohibit the operation of private prisons housing out-of state prisoners within their borders without the express written approval of specific state officials.”
Zenas Tillis v. State of Mississippi (Miss. 2009). “See Miss. Code Ann. § 47-4-1 (4) (Rev. 2004).”
Sidney Carlton Gorton, M.D. v. Shumaera Rance (Miss. 2009). “that ostensibly it could be broadly interpreted that 4 Mississippi Code Section 47-4-1(4) provides, in relevant part: A person convicted of simple assault of an employee of a private correctional facility while such employee is acting within the scope of his or her duty or…”
Robert Tubwell v. Don Grant (Miss. 1998). “Pursuant to Miss. Code Ann. § 47-4-1 (Supp. 1999), the MDOC has explicit authority to house state inmates at D.”
— Miss. Code Ann. § 47-4-1(4) — 4 cases
Tillis v. State, 43 So. 3d 1127 (Miss. 2010). “Zenas Tillis, an inmate at Walnut Grove Youth Correctional Facility ("Walnut Grove"), was indicted for the simple assault of Kathy Hogue, a nurse who worked at Walnut Grove, under the enhanced sentencing provisions of Mississippi Code Sections 47-4-1 and 97-3-7. Following a jury…”
Gorton v. Rance, 52 So. 3d 351 (Miss. 2011). “…fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than five (5) years, or both. Miss.Code Ann. § 47-4-1(4) (Rev.2004).”
Zenas Tillis v. State of Mississippi (Miss. 2009). “See Miss. Code Ann. § 47-4-1 (4) (Rev. 2004).”
Sidney Carlton Gorton, M.D. v. Shumaera Rance (Miss. 2009). “that ostensibly it could be broadly interpreted that 4 Mississippi Code Section 47-4-1(4) provides, in relevant part: A person convicted of simple assault of an employee of a private correctional facility while such employee is acting within the scope of his or her duty or…”
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