Mississippi Code

Miss. Code Ann. § 99-19-23 (2026)

Sentence; credit for time of prisoner's pre-trial or pre-appeal confinement

✓ current as of July 2026

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The number of days spent by a prisoner in incarceration in any municipal or county jail while awaiting trial on a criminal charge, or awaiting an appeal to a higher court upon conviction, shall be applied on any sentence rendered by a court of law or on any sentence finally set after all avenues of appeal are exhausted.

Codes, 1942, § 2540.5; Laws, 1968, ch. 382, § 1, eff. 4/11/1968.

Notes of Decisions

Cited in 14 cases (1 in the last 5 years), 1991–2022 · leading case: Skinner v. State, 790 So. 2d 218 (Miss. Ct. App. 2001).

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Skinner v. State, 790 So. 2d 218 (Miss. Ct. App. 2001). · cites it 6× “Skinner argues that pursuant to Miss.Code Ann. § 99-19-23 (Rev.2000) and Lee v.”

Giuseppe Spina v. Dep't of Homeland Sec., 470 F.3d 116 (2d Cir. 2006). “4; Miss.Code Ann. § 99-19-23; Mo. Rev.Stat. § 558.”

Rice v. State, 134 So. 3d 292 (Miss. 2014). “Miss.Code Ann. § 99-19-23 (Rev.2007) (emphasis added).”

Smiley v. State, 798 So. 2d 584 (Miss. Ct. App. 2001). · cites it 2× “Smiley contends that his sentences were "illegal in contravention of Miss.Code Ann. § 99-19-23." However, since Smiley did not object to his sentences on this ground at the time that those sentences were imposed, nor at any time thereafter in the trial court, he is procedurally…”

Milam v. State, 578 So. 2d 272 (Miss. 1991). “Miss. Code Ann. § 99-19-23 (1972). He was legally released from that sentence on February 5, 1990, but remains held under the fifteen-year manslaughter sentence.”

Chapell v. State, 107 So. 3d 1003 (Miss. Ct. App. 2012). “2001); citing Miss.Code Ann. § 99-19-23 (Rev.2007)). Instead, Chapell “should send such requests to the proper authorities within the Mississippi Department of Corrections’ administrative system.”

Stanley v. State, 850 So. 2d 154 (Miss. Ct. App. 2003). “Miss.Code Ann. § 99-19-23 (Rev.2000). Stanley’s reliance on this statute is misplaced.”

McDonald v. State, 16 So. 3d 83 (Miss. Ct. App. 2009). “2001); see Miss.Code Ann. § 99-19-23 (Rev.2007). McDonald “should send such requests to the proper authorities within the Mississippi Department of Corrections!’] administrative system.”

Feazell v. State, 761 So. 2d 140 (Miss. 2000). “Further buttressing the State’s position and this Court’s reasoning in Magee is Miss.Code Ann. § 99-19-23 (1994) which requires counting pre-conviction jail time as part of time served on a prisoner’s sentence, as follows: The number of days spent by a prisoner in incarceration…”

Lee v. State, 759 So. 2d 1264 (Miss. Ct. App. 2000). “Miss.Code Ann. § 99-19-23 (Rev.1994). ¶ 27.”

Taylor v. State, 726 So. 2d 227 (Miss. Ct. App. 1998). “We turn to the Miss.Code Ann. § 99-19-23 (Rev.1994) to resolve the issue of whether credit for time served in another state while an accused is awaiting extradition to Mississippi should be allowed in reaching the accused's sentence under the Mississippi charge.”

Keel v. Mississippi Dept. of Corr. (N.D. Miss. 2022). “” See Exhibit J at 1 (citing Miss. Code Ann. § 99-19-23 ; Foster v. Durr, 123 So.”

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