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2013 Op. Miss. Att'y Gen. 1 (2013)

handle is hein.sag/sagms0086 and id is 1 raw text is: Eddie C. Williams, Esquire
Office of the Attorney General
April 22,2013
Office of the Attorney General
State of Mississippi
*1   Opinion No. 2012-00493
*1 April 22, 2013
Re: NCIC Arrests
*1 Eddie C. Williams, Esquire
*1 P. O. Drawer 908
*1 Pascagoula, MS 39568-0908
Dear Mr. Williams:
*1 Attorney General Jim Hood has received your request and has assigned it to me for research and reply. Your questions concern the
apprehension of fugitives at-large from other states arrested in Mississippi.
* 1. Are individuals who are arrested as fugitives from other jurisdictions considered to be county prisoners?
*1 ANSWER: Yes. As stated in MS AG Op., Genin (September 7,1988):
*1 Section 7-1-25 (1972, as amended), Miss.Code Ann., places responsibility [[on the governor] for the arrest of fugitives from justice
if found in this state. It is therefore the opinion of this office that in arresting a fugitive from another state, a municipal police officer is in
effect acting as an agent for the governor, and hence the state. In this situation, the offender has not volated a city ordinance, and thus
would not be a municipal prisoner for that purpose. While the municipal judge may act as the committing magistrate in this
instance, he is also in effect acting on behalf of the governor in so doing, and the fact that the fugitive may have been committed to jail
bythe municipal judge in this case also does not act to make the fugitive a municipal prisoner. § 99-21-3 (1972), Miss.Code Ann.,
allows for bail to be set requiring the fugitive to appear before the circuit court .... Thus, this situation would be similar to a municipal
judge binding a defendant over to the grand jury, at which time he would become a county prisoner. Therefore, for these reasons, it is
the opinion of this office that a person arrested by a municipal police officer on a fugitive felonywarrant in the situation you describe
would be a county prisoner, and the municipality would not be obligated to pay for housing that prisoner.
*1 2. Can the Sheriff of Jackson County refuse to house such prisoners?
*1 ANSWER: As we stated in the Genin opinion, the prisoner is considered to be a county prisoner and is under the jurisdiction of the Sheriff. The
municipality is not obligated to pay for housing.
*1 Your third question is moot in that this office is of the opinion that the Sheriff of Jackson County has the duty to house such county prisoners.
*1 Jim Hood
*1 Attorney General
*1 By: James Y. Dale
*1 Special Assistant Attorney General


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