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MISSISSIPPI STATUTES AND CODES
47-5-907 - Removal of state inmate from county jail; petition; grounds; immunity from liability. [Repealed effective July 1, 2012].
§ 47-5-907. Removal of state inmate from county jail; petition; grounds; immunity from liability. [Repealed effective July 1, 2012].
The sheriff of any county in this state shall have the right to petition the Commissioner of the Department of Corrections to remove a state inmate from the county jail in such county to the State Penitentiary. The commissioner shall remove such inmate from such county jail if the sheriff of such county sets forth just cause in his petition indicating why an inmate should be removed from such county jail to the State Penitentiary.
Just cause is established if such sheriff can sufficiently prove that such inmate has a dangerous behavior or sufficiently prove that there is no available or suitable medical facility where such inmate can be provided suitable medical services. The commissioner shall respond in writing to the petition no later than thirty (30) days after the receipt of such petition. If the petition to remove such inmate is denied by the commissioner, such sheriff and his agents shall have from the date of denial absolute immunity from liability for any injury resulting from subsequent behavior or from medical consequences regarding such inmate, provided that such injury resulted from conditions which were set forth in such petition.
Sources: Laws, 1992, ch. 547, § 4; reenacted without change, Laws, 1997, ch. 408, § 4; reenacted without change, Laws, 1998, ch. 419, § 4; reenacted without change, Laws, 1999, ch. 538, § 4, eff from and after July 1, 1999; reenacted without change, Laws, 2002, ch. 426, § 4; reenacted without change, Laws, 2003, ch. 421, § 4; reenacted without change, Laws, 2004, ch. 537, § 4; reenacted without change, Laws, 2005, ch. 395, § 4; reenacted without change, Laws, 2007, ch. 603, § 4; reenacted without change, Laws, 2008, ch. 323, § 4, eff from and after passage (approved Mar. 24, 2008.)