Mississippi Code

Miss. Code Ann. § 47-5-23 (2026)

Management and control of correctional system to be vested in Department of Corrections

✓ current as of July 2026

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The department shall be vested with the exclusive responsibility for management and control of the correctional system, and all properties belonging thereto, subject only to the limitations of this chapter, and shall be responsible for the management of affairs of the correctional system and for the proper care, treatment, feeding, clothing and management of the offenders confined therein. The commissioner shall have final authority to employ and discharge all employees of the correctional system, except as otherwise provided by law.

Codes, 1942, § 7930; Laws, 1964, ch. 378, § 10; Laws, 1974, ch. 539, § 2; Laws, 1976, ch. 440, § 22; reenacted, Laws, 1981, ch. 465, § 15; reenacted, Laws, 1984, ch. 471, § 15; reenacted, Laws, 1986, ch. 413, § 15, eff. 3/28/1986.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1978–2023 · 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). “” Miss.Code Ann. § 47-5-23. An assistant superintendent assisted the superintendent in his duties.”

McFadden v. State, 542 So. 2d 871 (Miss. 1989). “1986) (Repealed May 6, 1988, well after this suit was initiated); Commissioner Thigpen and Superintendent Cabana for similar breaches under Miss. Code Ann. § 47-5-23 (Supp. 1986); and the three physicians for failure to cause all prisoners to be vaccinated, citing Miss.”

Jefferson v. State, 958 So. 2d 1276 (Miss. Ct. App. 2007). “Miss.Code Ann. § 47-5-23 (Rev.2004). ¶ 35.”

Sparks v. Kim, 701 So. 2d 1113 (Miss. 1997). “Miss. Code Ann. § 47-5-23 (Supp. 1988) provides that the Commissioner "shall be responsible for the management of affairs of the correctional system and for the proper care, treatment, feeding, clothing and management of the offenders confined there .”

Chad Edward Spiers v. State of Mississippi, 257 So. 3d 842 (Miss. Ct. App. 2018). “; see also Miss. Code Ann. § 47-5-23 (Rev. 2015). Therefore, we find no error in the circuit court's denial of Spiers's PCR motion citing that the courts did not manage MDOC inmates or operate the department of corrections.”

Brister v. Cain (N.D. Miss. 2020). “See Miss. Code Ann. § 47-5-23 . Accordingly, the injunction sought in this case would impose irreparable injury which outweighs the potential threat to the plaintiffs.”

Bobby E. Wilson v. Mississippi Dep't of Corr. & Gia McLeod (Miss. Ct. App. 2023). “” Miss. Code Ann. § 47-5-23 (Rev. 2015). With the responsibility of managing the correctional system comes the responsibility of ensuring the facilities are safe for inmates and staff.”

Pat Sparks v. Myung Kim (Miss. 1994). “Miss. Code Ann. § 47-5-23 (Supp. 1988) provides that the Commissioner "shall be responsible for the management of affairs of the correctional system and for the proper care, treatment, feeding, clothing and management of the offenders confined there .”

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