Mississippi Code

Miss. Code Ann. § 47-5-1 (2026)

Policy of state in operation and management of correctional system; independent internal examinations

✓ current as of July 2026

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It shall be the policy of this state, in the operation and management of the correctional system, to so manage and conduct the same in that manner as will be consistent with the operation of a modern correctional system and with the view of making the system self-sustaining. Those convicted of violating the law and sentenced to a term in the state correctional system shall have humane treatment, and be given opportunity, encouragement and training in the manner of reformation.

It shall be the policy of this state that the correctional system shall be operated and managed in the most efficient and economical manner possible. The Mississippi Department of Corrections shall so manage and operate the correctional system in that manner in order to make the system self-sustaining and to conserve state general fund revenues. The Mississippi Department of Corrections shall provide leadership to bring about the earliest possible construction of satisfactory prison inmate facilities, and shall utilize existing state resources, including inmates for prison construction labor, when and wherever practicable, in order to minimize the need for state general funds for prison construction.

It shall be the policy of this state that periodic independent internal investigations of the department shall be conducted to ensure the implementation of state correctional policies.

Codes, 1942, § 7921; Laws, 1964, ch. 378, § 1; Laws, 1976, ch. 440, § 2; reenacted, Laws, 1981, ch. 465, § 1; reenacted and amended, Laws, 1984, ch. 471, § 1; reenacted and amended, Laws, 1986, ch. 413, § 1; Laws, 1988, ch. 504, § 2; Laws, 1995, ch. 416, § 1, eff. 3/15/1995.

Notes of Decisions

Cited in 16 cases (9 in the last 5 years), 1978–2026 · leading case: William Hardin Bogard, Jr. v. Thomas D. Cook, Former Superintendent of the Mississippi State Penitentiary, 586 F.2d 399 (5th Cir. 1978).

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William Hardin Bogard, Jr. v. Thomas D. Cook, Former Superintendent of the Mississippi State Penitentiary, 586 F.2d 399 (5th Cir. 1978). “Mississippi law required Parchman to be financially self-sustaining, Miss.Code Ann. § 47-5-1. The prison was expected to “operate at a profit at any cost.”

Grantham v. Dept. of Corr., 522 So. 2d 219 (Miss. 1988). “[2] The statutes creating and governing the Mississippi Department of Corrections are found at Miss. Code Ann. § 47-5-1 , et seq. Section 47-5-75 presently provides, and prior to July 1, 1985, did provide, that if the Board of Corrections, in its discretion, chooses to procure…”

Hodgson v. Mississippi Dep't of Corr., 963 F. Supp. 776 (E.D. Wis. 1997). “While Mississippi has evinced a policy objective of having its prison system be self-sustaining by utilizing inmates for prison construction, see Miss.Code Ann. § 47-5-1, any monetary recovery made by a claimant such as Hodgson would have to be paid from the state’s general…”

Jones v. Tyson Foods, Inc., 971 F. Supp. 2d 671 (N.D. Miss. 2013). “See Miss.Code Ann. § 47-5-1. See also Hines v.”

Nicolaou v. State, 596 So. 2d 863 (Miss. 1992). “Miss.Code Ann. § 47-5-1 et seq. (1972 and Supp.”

Dixon v. Turner (N.D. Miss. 2021). · cites it 2× “See Miss. Code Ann. § 47-5-1 ; Scott v. Miss.”

McCarty v. Mississippi State Penitentary (N.D. Miss. 2022). · cites it 2× “See Miss. Code Ann. § 47-5-1 ; Parks v. Miss.”

Towns v. Mississippi Dep't of Corr. (N.D. Miss. 2020). “]” Miss. Code Ann. § 47-5-1 . The Defendants also emphasize that the District Court for the Southern District of Mississippi has specifically held that “[t]he MDOC is an agency of the State of Mississippi as created by the statutes thereof[.”

Wilkins v. Henry (N.D. Miss. 2020). “]” Miss. Code Ann. § 47-5-1 . This court in Jones v.”

Townsend v. MDOC (N.D. Miss. 2022). “See Miss. Code Ann. § 47-5-1 ; Scott v. Miss.”

Lambert v. MDOC (N.D. Miss. 2023). “See Miss. Code Ann. § 47-5-1 ; Scott v. Miss.”

Drake v. MS Dept. of Corr. (N.D. Miss. 2024). “See Miss. Code Ann. § 47-5-1 ; Scott v. Miss.”

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