Mississippi Code
Miss. Code Ann. § 47-5-8 (2026)
Department of Corrections; creation; divisions; succession to interests of State Penitentiary and State Probation and Parole Board
✓ current as of July 2026
- (1) There is created the Mississippi Department of Corrections, which shall be under the policy direction of the Governor. The chief administrative officer of the department shall be the Commissioner of Corrections. Effective July 1, 2028, the commissioner shall be appointed by the Governor in the manner provided in Section 47-5-24 with the advice and consent of the Senate, not less than every four (4) years. All appointment procedures specifically provided for in Section 7-1-35, Mississippi Code of 1972, shall be fully applicable to appointments to the position of Commissioner of Corrections.
- (2)
- (a) There shall be an Executive Deputy Commissioner who shall be directly responsible to the Commissioner of Corrections within the department who shall serve as the Commissioner of Corrections in the absence of the commissioner and shall assume any and all duties that the Commissioner of Corrections assigns, including, but not limited to, supervising all other deputy commissioners. The salary of the Executive Deputy Commissioner shall not exceed the salary of the Commissioner of Corrections.
- (b) There shall be a Division of Administration and Finance within the department, which shall have as its chief administrative officer a Deputy Commissioner for Administration and Finance who shall be appointed by the commissioner, and shall be directly responsible to the commissioner.
- (c) There shall be a Division of Community Corrections within the department, which shall have as its chief administrative officer a Deputy Commissioner for Community Corrections, who shall be appointed by the commissioner, and shall be directly responsible to the commissioner. The Probation and Parole Board shall continue to exercise the authority as provided by law, but after July 1, 1976, the Division of Community Corrections shall serve as the administrative agency for the Probation and Parole Board.
- (d) There shall be a Division of Workforce Development within the department, which shall have as its chief administrative officer a Deputy Commissioner for Workforce Development, who shall be appointed by the commissioner, and shall be directly responsible to the commissioner.
- (3) The department shall succeed to the exclusive control of all records, books, papers, equipment and supplies, and all lands, buildings and other real and personal property now or hereafter belonging to or assigned to the use and benefit or under the control of the Mississippi State Penitentiary and the Mississippi Probation and Parole Board, except the records of parole process and revocation and legal matters related thereto, and shall have the exercise and control of the use, distribution and disbursement of all funds, appropriations and taxes now or hereafter in possession, levied, collected or received or appropriated for the use, benefit, support and maintenance of these two (2) agencies except as otherwise provided by law, and the department shall have general supervision of all the affairs of the two (2) agencies herein named except as otherwise provided by law, and the care and conduct of all buildings and grounds, business methods and arrangements of accounts and records, the organization of the administrative plans of each institution, and all other matters incident to the proper functioning of the two (2) agencies.
- (4) The commissioner may lease the lands for oil, gas, mineral exploration and other purposes, and contract with other state agencies for the proper management of lands under such leases or for the provision of other services, and the proceeds thereof shall be paid into the General Fund of the state.
Laws, 1976, ch. 440, §§ 10, 11; reenacted, Laws, 1981, ch. 465, § 6; reenacted, Laws, 1984, ch. 471, § 6; Laws, 1984, ch. 488, § 216; reenacted, Laws, 1986, ch. 413, § 6; Laws, 1988, ch. 504, § 5; Laws, 2002, ch. 624, § 2, eff. 7/1/2002.
Amended by Laws, 2024, ch. 497, SB 2799,§ 16, eff. 7/1/2024.
Amended by Laws, 2022, ch. 465, HB 1052,§ 2, eff. 7/1/2022.
Amended by Laws, 2021, ch. 430, HB 928,§ 2, eff. 7/1/2021.
Notes of Decisions
Cited in 4
cases, 1988–2019 · leading case: Grantham v. Dept. of Corr., 522 So. 2d 219 (Miss. 1988).
Grantham v. Dept. of Corr., 522 So. 2d 219 (Miss. 1988). “The Department of Corrections is under the policy direction of the Board of Corrections ( Miss. Code Ann. § 47-5-8 (1) [Supp. 1987]).”
Johnson v. State, 77 So. 3d 1152 (Miss. Ct. App. 2012). “” Miss.Code Ann. § 47-5-8(1) (Rev.2004). Accordingly, the MDOC is part of the executive branch of the government, and the MDOC is not authorized to usurp authority that clearly lies with the judicial branch of the government.”
Graham v. State, 85 So. 3d 860 (Miss. Ct. App. 2011). “” Miss.Code Ann. § 47-5-8(1) (Rev. 2004). Accordingly, the MDOC is part of the executive branch of the government.”
Joiner v. Mississippi Dep't of Corr. (S.D. Miss. 2019). “MDOC is an agency of the State of Mississippi as it is created by state statute, Miss. Code Ann. § 47-5-8 , and it is funded by the State, Miss.”
— Miss. Code Ann. § 47-5-8(1) — 2 cases
Johnson v. State, 77 So. 3d 1152 (Miss. Ct. App. 2012). “” Miss.Code Ann. § 47-5-8(1) (Rev.2004). Accordingly, the MDOC is part of the executive branch of the government, and the MDOC is not authorized to usurp authority that clearly lies with the judicial branch of the government.”
Graham v. State, 85 So. 3d 860 (Miss. Ct. App. 2011). “” Miss.Code Ann. § 47-5-8(1) (Rev. 2004). Accordingly, the MDOC is part of the executive branch of the government.”
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