2025-26 Audit and Reporting Guidelines Format Final- Harsha

ATTORNEY GENERAL OPINION – MAYFIELD - 2020

On Jan 29, 2021, at 8:23 AM, Bethany Johnson wrote:

You had asked me several questions about the re-instituted availability for Pell Grants for inmates in state correctional facilities; specifically, whether the inmates could be considered Mississippi residents for purposes of FTE reimbursement to the community colleges.

There is no specific law on the books that addresses this. However, as I mentioned, there is a MS statute that addresses county inmates:

§ 47-1-63. Residency of prisoner as affected by incarceration in facility of Department of Corrections. No person shall be deemed to be a resident of a county solely because of being incarcerated in a facility under the jurisdiction of the Department of Corrections that is located in such county. Keep in mind, as we discussed, this statute has been used in the context of what COUNTY inmates should be allowed to vote in (assuming they are already Mississippi residents and eligible to vote), as well as in the context of proper venue for certain legal actions. So, this statute does not specifically address the issue presented. However, in reviewing the issue in other states, and without some specific legislation passed in MS, it is my opinion that the residence/domicile of the inmate would be that prior to his/her incarceration. This does not mean that the inmates would not be eligible for the Grants, but it does mean that the colleges affected would not be eligible for increased FTE reimbursement. We also discussed the documentation needed regarding residency, with specific regard to information that Gulf Coast had supplied. As we discussed, there is no mention in those records of the pre-incarceration address/residency. If it is possible to pull that information and include it in the supporting documentation, that would be optimal.

Please let me know if you have any other questions or concerns relating to this issue.

Thanks, Bethany

Bethany Brantley Johnson State Agencies Special Assistant Attorney General Post Office Box 220 Jackson, Mississippi 39201 Bethany.johnson@ago.ms.gov

Tab 11D – Attorney General Opinion Mayfield 2020

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Updated: 10/01/2023