Mississippi Code
Miss. Code Ann. § 47-5-103 (2026)
Powers and duties of classification hearing officer and classification board as to classification of offenders
✓ current as of July 2026
- (1) The classification hearing officer shall be responsible for assigning a classification to each offender within forty (40) days after the offender's commitment to the custody of the department. The classification shall determine the offender's work duties, living quarters, educational, vocational or other rehabilitation programs, and privileges to be accorded the offender while in custody of the department. The classification hearing officer, in assigning classifications, shall consider the offender's age, offense and surrounding circumstances, the complete record of the offender's criminal history including records of law enforcement agencies or of a youth court regarding that offender's juvenile criminal history, family background, education, practical or employment experience, interests and abilities as evidenced by mental and psychological examination and knowledge obtained by the classification hearing officer in personal interview with the offender. The classification hearing officer shall use the above criteria to assign each offender a classification which will serve and enhance the best interests and general welfare of the offender. The designee or designees of the commissioner shall approve or disapprove each classification. The classification hearing officer shall provide the State Parole Board with a copy of the classification assigned to each offender in the custody of the department who is eligible for parole.
- (2) The classification board, consisting of the commissioner, or his designee, deputy commissioner of institutions and the director of offender services may change an action of the classification or disciplinary hearing officer if the board makes a determination that the action of the hearing officer was not supported by sufficient factual information. The commissioner, in emergency situations, may suspend the classification of an offender or offenders for a period of not exceeding fifteen (15) days to relieve the emergency situation. The classification of each offender may be reviewed by a classification hearing officer at least once each year. In no case shall an offender serve as a servant in the home of any employee other than authorized by the commissioner.
- (3) The classification board shall establish substantive and procedural rules and regulations governing the assignment and alteration of inmate classifications, and shall make such rules and regulations available to any offender upon request.
Laws, 1973, ch. 309, § 2; Laws, 1976, ch. 440, § 50; Laws, 1981, ch. 381, § 1; reenacted, Laws, 1981, ch. 465, § 53; Laws, 1983, ch. 375, § 1; reenacted, Laws, 1984, ch. 471, § 48; reenacted, Laws, 1986, ch. 413, § 48; Laws, 1986, ch. 422, § 2; Laws, 1991, ch. 360, § 3; Laws, 1995, ch. 417, § 1; Laws, 2001, ch. 393, § 3; Laws, 2004, ch. 338, § 1, eff. 7/1/2004.
Notes of Decisions
Cited in 7
cases, 1979–2004 · leading case: Marvin Jones, on His Own Behalf & on Behalf of Those Similarly Situated v. Fred R. Diamond, 636 F.2d 1364 (5th Cir. 1981).
Marvin Jones, on His Own Behalf & on Behalf of Those Similarly Situated v. Fred R. Diamond, 636 F.2d 1364 (5th Cir. 1981). “However, because we have not restricted the defendants to a one-cell-per-prisoner rule, and because the defendants continue to use the old jail, an injunction is necessary to assure future compliance with constitutional requirements.”
Marvin Jones, on His Own Behalf & on Behalf of Those Similarly Situated v. Fred R. Diamond, Etc., 594 F.2d 997 (5th Cir. 1979). “The statute provides that offenders committed to the custody of the state correctional system must be classified as to “work duties,- living quarters, educational, vocational or other rehabilitation programs, and privileges to be accorded the offender while in custody of the…”
Bilbo v. Thigpen, 647 So. 2d 678 (Miss. 1994). “Miss. Code Ann. § 47-5-103 (1972) (emphasis added).”
Hamilton v. Ruffin, 875 So. 2d 1125 (Miss. Ct. App. 2004). “Miss.Code Ann. § 47-5-103(3) (Rev.2000). Hamilton’s gun charge conviction was enough under those rules to have him removed from the CWC and placed at a state prison.”
Michael Brown v. Othieal Clark (Miss. 1996). “Miss. Code Ann. § 47-5-103 (1993) states, "The [classification] committees shall establish substantive and procedural rules and regulations governing the assignment and alteration of inmate classifications, and shall make such rules and regulations available to any offender upon…”
Phillip Stokes v. Stewart Murphy (Miss. 1995). “Miss. Code Ann. § 47-5-103 (Rev. 1993). Section 47-5-104 then provides: "Duties of the classification committee shall also include the hearing of evidence and the making of decisions in all cases whereby an offender is subject to be demoted or having earned time taken from him.”
Unknown. “Rochell contends that appellee has violated his due process rights by scheduling the annual review of Rochell's custody status on June 28, 1995, rather than on February 24, 1995, the one-year anniversary of his arrival, as required by prison regulations and Miss. Code Ann. §…”
— Miss. Code Ann. § 47-5-103(3) — 1 case
Hamilton v. Ruffin, 875 So. 2d 1125 (Miss. Ct. App. 2004). “Miss.Code Ann. § 47-5-103(3) (Rev.2000). Hamilton’s gun charge conviction was enough under those rules to have him removed from the CWC and placed at a state prison.”
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