Miss. Code Ann. § 33-15-305 — MS Code / Title 33 / Chapter 7 / Section 15-305
Miss. Code Ann. § 33-15-305
Status: in_force

The following terms shall have the meanings ascribed in this section, unless the context requires otherwise:

(a) “ Director ” means the Director of the Mississippi Emergency Management Agency.

(b) “ Disaster ” means a fire, flood, storm, tornado, hurricane, earthquake or other similar public calamity affecting homeland security resulting directly from man-made, technological or natural causes.

(c) “ Local agency ” means any municipality, county or special district.

(d) “ Local emergency ” means the existence of conditions of disaster or extreme peril to the safety of persons and property within a county or municipality proclaimed by the local governing body in accordance with Section 33-15-17(d) .

(e) “ Governor's authorized representative ” means the primary and alternate emergency management official designated by the Governor to administer federal assistance programs on behalf of the state and local governments and other grant or loan recipients and is responsible for the state compliance with the FEMA-State Agreement.

(f) “ Project ” means the repair or restoration, or both, other than normal maintenance, or the replacement of public real property of a local agency or a state agency, including, but not limited to, buildings, schools, levees, flood control works, channels, irrigation works, city streets, county roads, bridges and other public works, including those facilities used for recreation purposes, that are damaged or destroyed by a disaster.

(g) “ Project application ” means the written application made by a state or local agency to the director for federal and state financial assistance, which shall include all damage to public property that resulted from a disaster within the jurisdiction of the agency making application.

(h) “ Project worksheet ” means the appropriate federal form that must be used to prepare each eligible public assistance project identifying the scope of work and a quantitative estimate for the eligible work.

(i) “ Regional response team ” means the local government regional response teams, the state response team and the capitol complex response team.

(j) “ State agency ” means any agency, department, commission, board, institution or special district of the state.

(k) “ State of emergency ” means the existence of conditions of disaster or extreme peril to the safety of persons or property within the state declared by the Governor in accordance with Section 33-15-11(b)(16) .

(l) “ Trust fund ” means the Disaster Assistance Trust Fund.
Miss. Code Ann. § 33-7-113 — MS Code / Title 33 / Chapter 4 / Section 7-113
Miss. Code Ann. § 33-7-113
Status: in_force

The Adjutant General shall publish annually a relative rank list of all officers in the Mississippi National Guard. Commissions or warrants of officers shall bear date of actual appointment by the Governor. Officers of each grade shall rank and take precedence according to the date of federal recognition of their respective commissions or warrants, and when two or more of the same grade are of the same date, their rank and precedence shall be determined by the length of service, continuous or otherwise, in the Mississippi National Guard or in the Armed Forces of the United States; and if for equal service, then by age, the older being the senior, provided, that an officer will not be credited with time spent on the state reserve or retired list in determining his lineal rank in the active list.
Miss. Code Ann. § 33-15-37 — MS Code / Title 33 / Chapter 4 / Section 15-37
Miss. Code Ann. § 33-15-37
Status: in_force

It shall be the duty of every organization for emergency management established pursuant to this article and of the officers thereof to execute and enforce such orders, rules and regulations as may be made by the Governor under authority of this article. Each such organization shall have available for inspection at its office all orders, rules and regulations made by the Governor, or under his authority.
Miss. Code Ann. § 33-13-19 — MS Code / Title 33 / Chapter 9 / Section 13-19
Miss. Code Ann. § 33-13-19
Status: in_force

Any civil officer or peace officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth or possession, or the District of Columbia, may summarily apprehend a deserter from the state military forces.
Miss. Code Ann. § 33-13-465 — MS Code / Title 33 / Chapter 9 / Section 13-465
Miss. Code Ann. § 33-13-465
Status: in_force

Any person who:

(1) procures his own enlistment or appointment in the state military forces by knowingly false representations or deliberate concealment as to his qualifications for that enlistment or appointment and receives pay or allowances thereunder; or

(2) procures his own separation from the state military forces by knowingly false representation or deliberate concealment as to his eligibility for that separation; shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-13-155 — MS Code / Title 33 / Chapter 1 / Section 13-155
Miss. Code Ann. § 33-13-155
Status: in_force

(1) Subject to Section 33-13-153 , general courts-martial have jurisdiction to try persons subject to this code for any offense made punishable by this code and may under such limitations as the Governor may prescribe, adjudge any of the following punishments:

(a) A fine of not more than Two Thousand Dollars ($2,000.00) and/or confinement for not more than six (6) months, and/or forfeiture of all pay and/or allowances;

(b) A reprimand; or

(c) A bad conduct discharge; or

(d) Dismissal or a dishonorable discharge; or

(e) Reduction of enlisted personnel to lowest pay grade; or

(f) Any combination of these punishments.

(2) A dismissal, a bad conduct, or dishonorable discharge may not be adjudged unless a complete record of the proceedings and testimony has been made, counsel having the qualifications prescribed under Section 33-13-15(2) was detailed to represent the accused, and a military judge was detailed to the trial.
Miss. Code Ann. § 33-15-309 — MS Code / Title 33 / Chapter 15 / Section 15-309
Miss. Code Ann. § 33-15-309
Status: in_force

(1) The director shall administer this article and shall have the authority to adopt reasonable rules and regulations to effectuate the purposes of this article.

(2) A state agency, when requested by the director in accordance with Section 33-15-11(b)(7) or 33-15-11(c)(2) and current executive orders, shall render services and perform duties within its areas of responsibility necessary to carry out the purpose of this article.

(3) Each project application executed between a local agency and the director pursuant to subsection (4) of Section 33-15-313 shall contain a provision under which the local agency agrees to hold the state harmless from damages due to the work for which funds were allocated.

(4) Before the convening of the Legislature each year, the director shall submit a written report to the Governor and the Legislature relating to the operation of the trust fund.

(5) When certified by the director, requests for reimbursements, advances or final payments from local or state agencies shall be presented to the Department of Finance and Administration for payment out of the trust fund.
Miss. Code Ann. § 33-7-117 — MS Code / Title 33 / Chapter 5 / Section 7-117
Miss. Code Ann. § 33-7-117
Status: in_force

Commissioned officers or warrant officers who are surplus by reduction or disbandment of organization, by being relieved from duty or command, or by any other manner, shall be withdrawn from active service and placed on the state reserve list.

State reserve officers shall be subject to military law and to the jurisdiction of military courts in the same manner as officers on the active list.
Miss. Code Ann. § 33-13-409 — MS Code / Title 33 / Chapter 11 / Section 13-409
Miss. Code Ann. § 33-13-409
Status: in_force

(a) If the convening authority disapproves the finding and sentence of a court-martial he may, except where there is lack of sufficient evidence in the record to support the findings, order a rehearing. In such a case he shall state the reasons for disapproval. If he disapproves the findings and sentence and does not order a hearing, he shall dismiss the charges.

(b) Each rehearing shall take place before a court-martial composed of members not members of the court-martial which first heard the case. Upon a rehearing the accused may not be tried for any offense of which he was found not guilty by the first court-martial, and no sentence in excess of or more severe than the original sentence may be imposed, unless the sentence is based upon a finding of guilty of an offense not considered upon the merits in the original proceedings, or unless the sentence prescribed for the offense is mandatory.
Miss. Code Ann. § 33-13-623 — MS Code / Title 33 / Chapter 1 / Section 13-623
Miss. Code Ann. § 33-13-623
Status: in_force

(1) When charges against any person in the military service of this state are made or referred to a convening authority authorized to convene a court-martial for the trial of such person, and a convening authority, believing that such charges can be sustained, and has reason to believe that the person so charged will not appear for trial, or intends to flee from justice, a convening authority may issue a warrant of arrest to the sheriff or any constable of the county in which the person charged resides, or wherein he is supposed to be, commanding the sheriff or constable to take the body of the person so charged and confine him in jail until such time as his case may be finally disposed of; and the sheriff or constable, on the order of the convening authority, shall bring the person so charged before the court-martial for trial, or turn him over to whomever the order may direct, the convening authority issuing the warrant of arrest, shall endorse thereon the amount of bail to be required; and it shall be a violation of duty on the part of any sheriff or constable to permit a person so committed to remain out of jail, except that he may, when such person desires it, permit him to give bail in the sum endorsed on the warrant, conditioned for his appearance, from time to time, before such court-martial as he may be ordered for trial, and until his case is finally disposed of, or until such time as he may surrender to the sheriff or constable as directed by the convening authority of the court-martial before which he may be ordered for trial.

(2) Upon the failure of any person, who has been admitted to bail conditioned for his appearance for trial before a court-martial, or upon failure of any person admitted to bail to appear as a witness in any case before a court-martial, as conditioned in the bail bond of any such person, the court-martial shall certify the fact of such failure to so appear to the convening authority or to the officer commanding for the time being, as the case may be; and such officer shall cause a judge advocate, district or county attorney to file suit therefor.

(3) The rules laid down in the criminal procedural statutes of this state relating to the giving of bail, the amount of bail, the number of sureties, the persons who may be sureties, the property exempt from liability, the responsibility of parties to the same and all other rules of a general nature not inconsistent with this law are applicable to bail taken as provided in this code.

(4) A warrant of arrest issued by a convening authority to order a court-martial, and all subpoenas and other process issued by courts-martial and courts of inquiry shall extend to every part of the state.

(5) When any lawful process, issued by the proper officer of any court-martial, comes to the hands of any sheriff or constable, he shall perform the usual duties of such officer and perform all acts and duties by this code imposed or authorized to be performed by any sheriff or constable. Failure of any sheriff or constable to perform the duties required by this code shall be misdemeanor offenses punishable by a fine of not more than One Thousand Dollars ($1,000.00) and by confinement of not less than six (6) months and not more than twelve (12) months in jail.
Miss. Code Ann. § 33-13-431 — MS Code / Title 33 / Chapter 3 / Section 13-431
Miss. Code Ann. § 33-13-431
Status: in_force

The appellate review of records of trial provided by this code, the proceedings, findings and sentences of court-martial as reviewed and approved, as required by this code, and all dismissals and discharges carried into execution under sentences by court-martial following review and approval as required by this code, are final and conclusive. Orders publishing the proceedings of the court-martial and all action taken pursuant to those proceedings are binding upon all departments, courts, agencies and officers of the state, subject only to action upon a petition for a new trial as provided in Section 33-13-425 .
Miss. Code Ann. § 33-7-403 — MS Code / Title 33 / Chapter 4 / Section 7-403
Miss. Code Ann. § 33-7-403
Status: in_force

As used in this article, the following words shall have the meanings as set forth by this section:

(a) “ Mississippi National Guard ” means federally recognized units of the Mississippi National Guard.

(b) “ Gender ” means words importing the masculine gender only shall apply to female as well as male.

(c) “ Active member ” means a member of a federally recognized unit of the Mississippi National Guard meeting the minimum requirements for satisfactory membership as defined in the Department of the Army and Air Force Regulations.

(d) “ Tuition ” means actual cost, including any fees and books, not to exceed the highest actual cost charged by any public, accredited institution of higher learning, vocational education school or community or junior college in Mississippi.
Miss. Code Ann. § 33-13-403 — MS Code / Title 33 / Chapter 9 / Section 13-403
Miss. Code Ann. § 33-13-403
Status: in_force

After trial by court-martial the record shall be forwarded to the convening authority, and action thereon may be taken by the person who convened the court, a commissioned officer commanding for the time being, a successor in command, or any officer exercising general court-martial jurisdiction.
Miss. Code Ann. § 33-15-25 — MS Code / Title 33 / Chapter 4 / Section 15-25
Miss. Code Ann. § 33-15-25
Status: in_force

(a) The Governor of the State of Mississippi is authorized to enter into agreements with the federal government for the purpose of matching any federal funds that may be made available for emergency management purposes, which shall include purchasing emergency management equipment and supplies, to the state on a matching basis. Provided, that no agreement shall obligate the state for an amount greater than the appropriation available for such purpose. The state's portion of the purchase price of any emergency management equipment may be made available from any appropriation made for such purposes.

(b) Any county board of supervisors or municipal governing body may enter into agreement with the federal government with approval of the State Director of Emergency Management for matching funds which may be made available for emergency management purposes, which shall include purchasing emergency management equipment and supplies, by such county or municipality in conjunction with any federal matching program and funds may be expended from the general fund of such county or municipality or from such other funds as may be available to such county or municipality for emergency management purposes in order to provide the county or municipal portion of funds necessary to carry out such matching agreement.

(c) The agency may withhold from any county board of supervisors, municipality or not-for-profit entity a portion or all of a subgrant whenever the agency determines that the county, municipality or not-for-profit entity owes a refund on any past subgrant project that was not completed as required.
Miss. Code Ann. § 33-13-493 — MS Code / Title 33 / Chapter 5 / Section 13-493
Miss. Code Ann. § 33-13-493
Status: in_force

Any person subject to this code who, except as provided by law or regulation, apprehends, arrests, or confines any person shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-13-1 — MS Code / Title 33 / Chapter 9 / Section 13-1
Miss. Code Ann. § 33-13-1
Status: in_force

In this chapter unless the context otherwise requires:

(a) “State military forces” means the National Guard of this state, as defined in Section 101(3) , (4) and (6) of Title 32, United States Code , and any other militia or military forces organized under the Constitution and laws of this state.

(b) “Commanding officer” includes commissioned officers and warrant officers, as applicable.

(c) “Officer” means commissioned or warrant officer.

(d) “Superior commissioned officer” means a commissioned officer superior in rank or command.

(e) “Officer candidate” means a cadet of the state officer candidate school.

(f) “Enlisted member” means a person in an enlisted grade.

(g) “Military” refers to any or all of the state military forces.

(h) “Accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.

(i) “Military judge” means an official of a court-martial detailed in accordance with Section 33-13-183 .

(j) “Convening authority” includes, in addition to the person who convened the court, a commissioned officer commanding for the time being, or a successor in command.

(k) “Legal officer” means any commissioned officer of the state military forces designated to perform legal duties for a command.

(l) “State judge advocate” means the judge advocate of the state military forces, commissioned therein, and responsible for supervising the administration of military justice in the state military forces, and performing such other legal duties as may be required by the Adjutant General.

(m) “Grade” means a step or degree, in a graduated scale of office or military rank that is established and designated as a grade by law or regulation.

(n) “Rank” means the order of precedence among members of the state military forces.

(o) “Military duty (or duty status)” means all duty authorized under the Constitution and laws of the State of Mississippi and all training authorized under Title 32, United States Code.

(p) “Judge advocate” means any commissioned officer who is certified by the state judge advocate.

(q) “Military court” means a court-martial, a court of inquiry, a military commission, or a provost court.

(r) “May” is used in a permissive sense.

(s) “Shall” is used in an imperative sense.

(t) “He”, where used, means, and shall be interpreted to include, both the masculine and feminine gender.

(u) “Code” means this chapter which may be cited as the Mississippi Code of Military Justice.
Miss. Code Ann. § 33-9-15 — MS Code / Title 33 / Chapter 1 / Section 9-15
Miss. Code Ann. § 33-9-15
Status: in_force

There shall be provided by the state transportation for all officers and transportation and subsistence for all enlisted men who shall be lawfully ordered to active state duty. Necessary transportation, quartermaster's stores and subsistence for troops when ordered on duty shall be contracted for by the proper officers and paid for as other military expenses.
Miss. Code Ann. § 33-13-473 — MS Code / Title 33 / Chapter 11 / Section 13-473
Miss. Code Ann. § 33-13-473
Status: in_force

Any person subject to this code who through neglect or design misses the movement of a ship, aircraft, or unit with which he is required in the course of duty to move shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-15-211 — MS Code / Title 33 / Chapter 15 / Section 15-211
Miss. Code Ann. § 33-15-211
Status: in_force

(1) In the case of a federally declared disaster, the state cost-share under this article shall be equal to twenty-five percent (25%) of the actual cost of implementing the Other Needs Assistance Program, and shall be made only on the condition that the federal government provides the remaining seventy-five percent (75%) of the ONA grant. In the event of a Governor's state of emergency declaration, the state grant under this article shall be equal to an amount established by the Director of the Mississippi Emergency Management Agency.

(2) An individual, family or household shall not receive a grant or grants under the provisions of this article aggregating more than the amount specified annually by the Federal Emergency Management Agency and published in the Federal Register with respect to any one (1) major disaster declared by the President. In the case of a federally declared disaster, such aggregate amount shall include both state and federal share of the grant. With respect to any one (1) disaster declared by the Governor's state of emergency, such amount of assistance shall not exceed an amount equal to one-half ( 1 / 2 ) of the amount of the Other Needs Assistance Program specified annually by the Federal Emergency Management Agency and published in the Federal Register and shall include the total amount of rental assistance provided an applicant under the Mississippi Temporary Housing Program.
Miss. Code Ann. § 33-15-309 — MS Code / Title 33 / Chapter 13 / Section 15-309
Miss. Code Ann. § 33-15-309
Status: in_force

(1) The director shall administer this article and shall have the authority to adopt reasonable rules and regulations to effectuate the purposes of this article.

(2) A state agency, when requested by the director in accordance with Section 33-15-11(b)(7) or 33-15-11(c)(2) and current executive orders, shall render services and perform duties within its areas of responsibility necessary to carry out the purpose of this article.

(3) Each project application executed between a local agency and the director pursuant to subsection (4) of Section 33-15-313 shall contain a provision under which the local agency agrees to hold the state harmless from damages due to the work for which funds were allocated.

(4) Before the convening of the Legislature each year, the director shall submit a written report to the Governor and the Legislature relating to the operation of the trust fund.

(5) When certified by the director, requests for reimbursements, advances or final payments from local or state agencies shall be presented to the Department of Finance and Administration for payment out of the trust fund.
Miss. Code Ann. § 33-15-47 — MS Code / Title 33 / Chapter 3 / Section 15-47
Miss. Code Ann. § 33-15-47
Status: in_force

This article shall be construed liberally in order to effectuate its purposes.
Miss. Code Ann. § 33-9-1 — MS Code / Title 33 / Chapter 7 / Section 9-1
Miss. Code Ann. § 33-9-1
Status: in_force

All expenditures necessary to carry the provisions of the chapter into effect are hereby authorized to be incurred and paid out of the military fund, except where otherwise specifically provided.
Miss. Code Ann. § 33-13-491 — MS Code / Title 33 / Chapter 9 / Section 13-491
Miss. Code Ann. § 33-13-491
Status: in_force

Any person subject to this code who, without proper authority, releases any prisoner committed to his charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with the law.
Miss. Code Ann. § 33-3-15 — MS Code / Title 33 / Chapter 3 / Section 3-15
Miss. Code Ann. § 33-3-15
Status: reserved

The intent of this code is to conform to all acts and regulations of the United States affecting the same subjects, and all provisions of this code shall be construed to effect this purpose. All acts of the Congress of the United States relating to the control, administration and government of the National Guard, and all rules and regulations adopted by the United States for the government of the National Guard, so far as the same are not inconsistent with the laws of this state and with the rights reserved to this state and guaranteed under the constitution of this state, shall constitute rules and regulations for the government of the militia of this state.

The Adjutant General, with the approval of the Governor, shall have the power, and it shall be his duty from time to time to issue such orders and to prescribe such rules and regulations relating to the organization of the militia or to the National Guard or to the Mississippi State Guard as may be necessary for the proper training and discipline thereof; provided that such orders, rules and regulations are not in conflict with the laws of this state. The Adjutant General, with the approval of the Governor, is expressly authorized to issue such orders, rules and regulations as may be necessary in order that the organization, training and discipline of the components of the militia of this state will at all times conform to the applicable requirements of the United States government relating thereto. Orders, rules and regulations issued hereunder shall have full force and effect as part of the military code of this state. Rules and regulations in force at the time of the passage of this code shall remain in force until new rules and regulations are approved and promulgated.
Miss. Code Ann. § 33-15-37 — MS Code / Title 33 / Chapter 5 / Section 15-37
Miss. Code Ann. § 33-15-37
Status: in_force

It shall be the duty of every organization for emergency management established pursuant to this article and of the officers thereof to execute and enforce such orders, rules and regulations as may be made by the Governor under authority of this article. Each such organization shall have available for inspection at its office all orders, rules and regulations made by the Governor, or under his authority.
Miss. Code Ann. § 33-15-211 — MS Code / Title 33 / Chapter 5 / Section 15-211
Miss. Code Ann. § 33-15-211
Status: in_force

(1) In the case of a federally declared disaster, the state cost-share under this article shall be equal to twenty-five percent (25%) of the actual cost of implementing the Other Needs Assistance Program, and shall be made only on the condition that the federal government provides the remaining seventy-five percent (75%) of the ONA grant. In the event of a Governor's state of emergency declaration, the state grant under this article shall be equal to an amount established by the Director of the Mississippi Emergency Management Agency.

(2) An individual, family or household shall not receive a grant or grants under the provisions of this article aggregating more than the amount specified annually by the Federal Emergency Management Agency and published in the Federal Register with respect to any one (1) major disaster declared by the President. In the case of a federally declared disaster, such aggregate amount shall include both state and federal share of the grant. With respect to any one (1) disaster declared by the Governor's state of emergency, such amount of assistance shall not exceed an amount equal to one-half ( 1 / 2 ) of the amount of the Other Needs Assistance Program specified annually by the Federal Emergency Management Agency and published in the Federal Register and shall include the total amount of rental assistance provided an applicant under the Mississippi Temporary Housing Program.
Miss. Code Ann. § 33-13-451 — MS Code / Title 33 / Chapter 9 / Section 13-451
Miss. Code Ann. § 33-13-451
Status: in_force

No person may be tried or punished for any offense provided for in Sections 33-13-451 through 33-13-529 , unless it was committed while he was in a duty status or during a period of time when he was under lawful orders to be in a duty status.
Miss. Code Ann. § 33-15-223 — MS Code / Title 33 / Chapter 1 / Section 15-223
Miss. Code Ann. § 33-15-223
Status: in_force

(1) The period of eligibility for any individual, family or household applicant receiving assistance under the State Temporary Housing Program shall be from one (1) to three (3) months determined on the basis of need. Each temporary housing applicant shall endeavor to place himself in adequate alternate housing at the earliest possible time during the period assistance is being provided.

(2) Each occupant's eligibility for continued assistance shall be recertified every thirty (30) days. Thereafter, provided no adequate alternate housing exists, assistance shall be continued for another thirty-day period, not to exceed ninety (90) days. All rental assistance is based on the fair market value of rental rates in the applicant's particular area according to the rate schedule published by the U.S. Department of Housing and Urban Development.
Miss. Code Ann. § 33-13-11 — MS Code / Title 33 / Chapter 5 / Section 13-11
Miss. Code Ann. § 33-13-11
Status: in_force

(1) If any commissioned officer, dismissed by order of the Governor, makes a written application for trial by court-martial, setting forth, under oath, that he has been wrongfully dismissed, the Governor, as soon as practicable, shall convene a general court-martial to try that officer on the charges on which he was dismissed. A court-martial so convened has jurisdiction to try the dismissed officer on those charges, and he shall be considered to have waived the right to plead any statute of limitations applicable to any offense with which he is charged. The court-martial may, as part of its sentence, adjudge the affirmance of the dismissal, but if the court-martial acquits the accused he shall retain his status in the Mississippi military forces.

(2) If the Governor fails to convene a general court-martial within three (3) months from the presentation of an application for trial under this code, the Adjutant General of Mississippi, or his designee, acting on behalf of the Governor, shall substitute for the dismissal ordered by the Governor a form of discharge authorized for administrative issue.

(3) If a discharge is substituted for a dismissal under this code, the Governor alone may reappoint the officer to such commissioned grade and with such rank as, in the opinion of the Governor, that former officer would have attained had he not been dismissed. The reappointment of such a former officer may be made only if a vacancy is available under applicable tables of organization. All time between the dismissal and the reappointment shall be considered as actual service for all purposes.

(4) If an officer is discharged from the state military forces by administrative action or by board proceedings under law, he has no right to trial under this section.
Miss. Code Ann. § 33-15-207 — MS Code / Title 33 / Chapter 15 / Section 15-207
Miss. Code Ann. § 33-15-207
Status: in_force

In order to make federal Individual Assistance and Other Needs Assistance available to major disaster victims under this article, the Governor must request such assistance from the President of the United States. The Federal Emergency Management Agency must approve such a request and recommend the President of the United States make a major disaster declaration.
Miss. Code Ann. § 33-15-221 — MS Code / Title 33 / Chapter 9 / Section 15-221
Miss. Code Ann. § 33-15-221
Status: in_force

When temporary housing assistance is provided based on the guidelines outlined in Section 33-15-217 , the following conditions are imposed:

(a) An applicant is expected to expend the grant proceeds to secure adequate temporary housing for purposes stated in their application for assistance. Refusal by the applicant to abide by this provision shall result in his forfeiture of eligibility for additional temporary housing assistance.

(b) Temporary housing assistance proceeds shall not be provided for nor expended for providing minimal home repairs or replacing lost or damaged personal property.

(c) Temporary housing assistance shall not be made available to those individuals, families or households with insurance coverage which provides full cost of alternate living arrangements except when, as determined by the appropriate authority, adequate alternate housing is not readily available or the receipt of insurance benefits are uncertain or inadequate to meet temporary housing needs. Individuals, families or households who qualify for and accept state assistance under the exception shall repay or pledge to repay to the state government, from any insurance proceeds for temporary housing to which they are entitled, an amount equivalent to the fair market value of the housing provided by the state. Temporary housing assistance shall not be made available to any individual, family or household for use as a vacation or recreational residence.
Miss. Code Ann. § 33-15-207 — MS Code / Title 33 / Chapter 3 / Section 15-207
Miss. Code Ann. § 33-15-207
Status: in_force

In order to make federal Individual Assistance and Other Needs Assistance available to major disaster victims under this article, the Governor must request such assistance from the President of the United States. The Federal Emergency Management Agency must approve such a request and recommend the President of the United States make a major disaster declaration.
Miss. Code Ann. § 33-13-179 — MS Code / Title 33 / Chapter 1 / Section 13-179
Miss. Code Ann. § 33-13-179
Status: in_force

In the state military forces not in federal service, the commanding officer of a garrison, fort, post, camp, air base, auxiliary air base, or of a regiment, wing, group, battalion, detached squadron, or detached company or higher command, may convene a summary court-martial.
Miss. Code Ann. § 33-13-315 — MS Code / Title 33 / Chapter 1 / Section 13-315
Miss. Code Ann. § 33-13-315
Status: in_force

(1) A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny, may be tried and punished at any time without limitation.

(2) Except as otherwise provided in this section, a person charged with offenses punishable under this code is not liable to be tried by court-martial if the offense was committed more than three (3) years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.

(3) Periods in which the accused was absent from territory in which the state has the authority to apprehend him, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this section.
Miss. Code Ann. § 33-13-499 — MS Code / Title 33 / Chapter 1 / Section 13-499
Miss. Code Ann. § 33-13-499
Status: in_force

Any person subject to this code who compels or attempts to compel the commander of any place, vessel, aircraft or other military property, or of any body of members of the state military forces of this state, or of any other state, to give it up to an enemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority, shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-15-223 — MS Code / Title 33 / Chapter 4 / Section 15-223
Miss. Code Ann. § 33-15-223
Status: in_force

(1) The period of eligibility for any individual, family or household applicant receiving assistance under the State Temporary Housing Program shall be from one (1) to three (3) months determined on the basis of need. Each temporary housing applicant shall endeavor to place himself in adequate alternate housing at the earliest possible time during the period assistance is being provided.

(2) Each occupant's eligibility for continued assistance shall be recertified every thirty (30) days. Thereafter, provided no adequate alternate housing exists, assistance shall be continued for another thirty-day period, not to exceed ninety (90) days. All rental assistance is based on the fair market value of rental rates in the applicant's particular area according to the rate schedule published by the U.S. Department of Housing and Urban Development.
Miss. Code Ann. § 33-15-303 — MS Code / Title 33 / Chapter 1 / Section 15-303
Miss. Code Ann. § 33-15-303
Status: in_force

It is the intent and declared to be the policy of the state that funds to meet emergencies or major disasters shall always be made available when needed.
Miss. Code Ann. § 33-13-425 — MS Code / Title 33 / Chapter 4 / Section 13-425
Miss. Code Ann. § 33-13-425
Status: in_force

At any time within two (2) years after approval by the convening authority of a court-martial sentence, the accused may petition the state judge advocate for a new trial on ground of newly discovered evidence or fraud on the court-martial. If the accused's case is pending before the Mississippi Court of Military Appeals when this petition is filed, the appeal will not proceed until the state judge advocate has made a decision on the request. If the petition is granted, the appeal will be dismissed. If the petition is denied, the court of military appeals will continue its proceedings on the case.
Miss. Code Ann. § 33-13-27 — MS Code / Title 33 / Chapter 11 / Section 13-27
Miss. Code Ann. § 33-13-27
Status: in_force

Subject to Section 33-13-355 , no person, while being held for trial or the result of trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances require to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline.
Miss. Code Ann. § 33-7-9 — MS Code / Title 33 / Chapter 3 / Section 7-9
Miss. Code Ann. § 33-7-9
Status: in_force

For the purpose of coordinating and making more effective the field and similar classes of instruction and training in organizations of the National Guard jointly maintained by Mississippi and any other state or states during periods of field or similar training, as provided under the National Defense Act, the units and personnel of the Mississippi National Guard may, if authorized by the federal government, be placed under the supervision and command of higher organization commanders, who are now or may hereafter be appointed from other states, and whose appointments have the approval of this state, and the states concerned, and such officer is federally recognized. This requirement shall not be carried out unless and until the state or states jointly interested in a National Guard organization with Mississippi shall have enacted a similar law. The objects of this section may be carried out with the consent of the Governor, without regard to similar laws enacted by other states, with the advice and approval of the ranking officer of the Mississippi National Guard present at the place of training and instruction and in command of the Mississippi troops concerned. For the purpose of fixing the time limits of the periods mentioned in this section, the periods of training shall begin when units have cleared their armories or bases and are en route to training assembly areas and shall end when units have returned to their armories or bases from field training period. Mississippi troops shall not be required to yield authority and supervision of matters concerning transportation in or out of the camp or other military area, finance, and supply which concern Mississippi only in her relations with the federal government and for which the state is directly responsible to the federal government. The commanding officer appointed from another state, and such other officers of his command as he may designate, who are members of organizations in which Mississippi has joint interest in other states, and who are appointed and recognized in accordance with laws, rules and regulations prescribed by the federal government may, with the approval of the Governor, make tours of inspection and policy visits with the units of their organizations of the National Guard of Mississippi at their home stations or at other places, at such times as are mutually agreeable, it being understood that the state is not responsible or liable for any expenses incident to such visits.
Miss. Code Ann. § 33-15-49 — MS Code / Title 33 / Chapter 9 / Section 15-49
Miss. Code Ann. § 33-15-49
Status: in_force

In the event an impending enemy attack, an enemy attack, or a man-made, technological or natural disaster occurs within the state or within any portion of it and a proclamation is issued by the governing authorities of the county, the governing authorities of the municipality, the office of the Governor of the state or the President of the United States declaring such affected areas to be disaster areas, the governing authorities of any county or municipality adversely affected by such disaster may:

(a) Use county or municipally owned equipment and such public employees as necessary to venture onto private property to aid in removing debris and to prevent further damage to such property at the request of the property owners;

(b) Use county or municipally owned equipment and such public employees as necessary to venture onto private property to remove debris and to perform any other necessary and needed services to prevent the spread of disease or any other health hazard to the community at large.

If the governing authorities of such adversely affected counties or municipalities are unable to perform such necessary and needed functions with their own equipment and personnel, they may request aid from other counties and municipalities not adversely affected by such impending enemy attack, enemy attack, or man-made, technological or natural disaster, and capable and willing to furnish needed services.

Provided, however, if the Governor determines that the governing authorities of such adversely affected counties or municipalities still lack sufficient equipment and personnel under such circumstances to perform such functions, any state agency or instrumentality, when directed by the Governor, is authorized to enter upon publicly or privately owned land or water and to use state-owned equipment and state employees as necessary to clear or remove debris and wreckage. Whenever the Governor provides for clearance of debris or wreckage pursuant hereto, employees of the designated state agencies or instrumentalities are authorized to enter upon private or public land or water and perform any tasks necessary to the removal or clearance operation. Except in cases of willful misconduct, gross negligence or bad faith, any state employee or agent complying with and performing duties pursuant hereto shall not be liable for death or injury to persons or damage to property.
Miss. Code Ann. § 33-15-45 — MS Code / Title 33 / Chapter 5 / Section 15-45
Miss. Code Ann. § 33-15-45
Status: in_force

All local emergency management councils heretofore created under the provisions of former Sections 8610-8620, Mississippi Code of 1942, are hereby continued, subject to the provisions of this article.
Miss. Code Ann. § 33-15-315 — MS Code / Title 33 / Chapter 1 / Section 15-315
Miss. Code Ann. § 33-15-315
Status: in_force

Work performed by contract with a state or local agency shall be subject to the provisions of Title 31, Chapter 5 , and Title 31, Chapter 7, Mississippi Code of 1972 Neither the state or any officer or employee thereof shall have any responsibility in connection with any work performed by a local agency.
Miss. Code Ann. § 33-13-305 — MS Code / Title 33 / Chapter 4 / Section 13-305
Miss. Code Ann. § 33-13-305
Status: in_force

(1) The trial counsel of a general or special court-martial shall prosecute in the name of the State of Mississippi, and shall, under the direction of the court, prepare the record of the proceedings.

(2) The accused has the right to be represented in his defense before a general, special or summary court-martial by civilian counsel if provided by him, or by military counsel of his own selection if reasonably available, or by the defense counsel detailed under Section 33-13-185 . Should the accused have counsel of his own selection, the defense counsel, and assistant defense counsel, if any, who were detailed, shall, if the accused so desires, act as his associate counsel; otherwise they shall be excused by the military judge or by the president of a court-martial without a military judge.

(3) In every court-martial proceedings, the defense counsel may, in the event of conviction, forward for attachment to the recording of proceedings, a brief of such matters he feels should be considered in behalf of the accused on review, including any objection to the contents of the record which he considers appropriate.

(4) An assistant trial counsel of a general court-martial may, under the direction of the trial counsel or when he is qualified to be a trial counsel as required by Section 33-13-185 , perform any duty imposed by law, regulation, or the custom of the service upon the trial counsel of the court. An assistant trial counsel of a special court-martial may perform any duty of the trial counsel.

(5) An assistant defense counsel of a general or special court-martial may, under the direction of the defense counsel or when he is qualified to be the defense counsel as required by Section 33-13-185 , perform any duty imposed by law, regulation or the custom of the service upon counsel for the accused.
Miss. Code Ann. § 33-13-189 — MS Code / Title 33 / Chapter 4 / Section 13-189
Miss. Code Ann. § 33-13-189
Status: in_force

(1) No member of a general or special court-martial may be absent or excused after the court has been assembled for the trial of the accused except for physical disability or as the result of a challenge or by order of the convening authority for good cause.

(2) Whenever a general court-martial, other than a general court-martial composed of a military judge only, is reduced below six (6) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than six (6) members. The trial may proceed with the new members present after the recorded evidence previously introduced has been read to the court in the presence of the military judge, the accused and counsel for both sides.

(3) Whenever a special court-martial, other than a special court-martial composed of a military judge only, is reduced below three (3) members, the trial may not proceed unless the convening authority details new members sufficient in number to provide not less than three (3) members. The trial shall proceed with the new members present as if no evidence had previously been introduced at the trial, unless a verbatim record of the evidence previously introduced before the members of the court or a stipulation thereof is read to the court in the presence of the military judge, if any, the accused, and counsel for both sides.

(4) If the military judge of a court-martial composed of a military judge only is unable to proceed with the trial because of physical disability, as a result of a challenge, or for other good cause, the trial shall proceed, subject to any applicable conditions of Section 33-13-151 , after the detail of a new military judge as if no evidence had previously been introduced, unless a verbatim record of the evidence previously introduced or stipulation thereof is read in court in the presence of the new military judge, the accused, and counsel for both sides.
Miss. Code Ann. § 33-13-455 — MS Code / Title 33 / Chapter 9 / Section 13-455
Miss. Code Ann. § 33-13-455
Status: in_force

Any person subject to this code, who knowing that an offense punishable by this code has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-15-503 — MS Code / Title 33 / Chapter 13 / Section 15-503
Miss. Code Ann. § 33-15-503
Status: in_force

For purposes of this act, the following words shall have the meanings ascribed herein unless the context otherwise requires:

(a) “ Program ” means the Mississippi County and Municipality Emergency Relief Program established in this act.

(b) “ Agency ” means the Mississippi Emergency Management Agency.

(c) “ County ” means any county within the state.

(d) “ Municipality ” means any municipality within the state.

(e) “ COVID-19 ” means the Coronavirus Disease 2019.

(f) “ CARES Act ” means the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act.

(g) “ Coronavirus Relief Fund ” means the fund created by the CARES Act.

(h) “ Eligible expenditure ” means a cost incurred that is reimbursable from funds received from the Coronavirus Relief Fund under the guidance and guidelines of the United States Department of the Treasury, including, but not limited to:

(i) Medical expenses such as:

1. COVID-19-related expenses of public hospitals, clinics, and similar facilities.

2. Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs.

3. Costs of providing COVID-19 testing, including serological testing.

4. Emergency medical response expenses, including emergency medical transportation, related to COVID-19.

(ii) Public health expenses such as:

1. Expenses for communication and enforcement by territorial, local, and tribal governments of public health orders related to COVID-19.

2. Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in community settings, and other public health or safety workers in connection with the COVID-19 public health emergency.

3. Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency.

4. Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to public health and safety.

5. Expenses for public safety measures undertaken in response to COVID-19.

6. Expenses for quarantining individuals.

(iii) Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency.

(iv) Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as:

1. Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions.

2. Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions.

3. Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions.

4. COVID-19-related expenses of maintaining state prisons and county jails, including as it relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions.

5. Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions.

(v) Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as:

1. Expenditures related to a state, territorial, local, or tribal government payroll support program.

2. Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise.

(vi) Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Coronavirus Relief Fund's eligibility criteria.

“Eligible expenditure” does not include expenses for the state share of Medicaid, damages covered by insurance, payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency, expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by states to state unemployment funds, reimbursement to donors for donated items or services, workforce bonuses other than hazard pay or overtime, severance pay, legal settlements or any other expenditure determined to be ineligible by the agency.
Miss. Code Ann. § 33-13-315 — MS Code / Title 33 / Chapter 7 / Section 13-315
Miss. Code Ann. § 33-13-315
Status: in_force

(1) A person charged with desertion or absence without leave in time of war, or with aiding the enemy or with mutiny, may be tried and punished at any time without limitation.

(2) Except as otherwise provided in this section, a person charged with offenses punishable under this code is not liable to be tried by court-martial if the offense was committed more than three (3) years before the receipt of sworn charges and specifications by an officer exercising summary court-martial jurisdiction over the command.

(3) Periods in which the accused was absent from territory in which the state has the authority to apprehend him, or in the custody of civil authorities, or in the hands of the enemy, shall be excluded in computing the period of limitation prescribed in this section.
Miss. Code Ann. § 33-5-53 — MS Code / Title 33 / Chapter 1 / Section 5-53
Miss. Code Ann. § 33-5-53
Status: in_force

For the use of such State Guard, the Governor is hereby authorized to requisition from the department of defense of the United States such arms and equipment as may be in the possession of and can be spared by the department of defense. The Governor may make available to the Mississippi State Guard the facilities of state armories, their equipment, and such other public facilities and property as may be available and reasonably necessary for the maintenance of such Mississippi State Guard.
Miss. Code Ann. § 33-4-1 — MS Code / Title 33 / Chapter 4 / Section 4-1
Miss. Code Ann. § 33-4-1
Status: in_force

A special fund to be designated the “Mississippi Military Family Relief Fund” is created in the State Treasury. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. The fund shall consist of any money designated for deposit therein from any source, including, but not limited to, money designated for deposit therein by Section 27-7-94 , and private contributions. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund and any interest earned or investment earnings on amounts in the fund shall be deposited into the fund. Money in the fund shall be under the direction of the military department. Such funds shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration, based upon recommendations made by the Adjutant General. Money in the fund shall be utilized to make grants to families that experience a financial hardship as a result of a family member who is a member of the Mississippi National Guard or is a Mississippi resident and member of the Reserves of the Armed Forces of the United States. The Adjutant General shall establish eligibility requirements for receipt of the grants and the amount of the grants by rule.
Miss. Code Ann. § 33-13-615 — MS Code / Title 33 / Chapter 3 / Section 13-615
Miss. Code Ann. § 33-13-615
Status: in_force

(1) Military courts may issue any process or mandate necessary to carry into effect their powers. Such a court may issue subpoenas and subpoenas duces tecum and enforce by attachment attendance of witnesses and production of books and records, when it is sitting within the state and the witnesses, books and records sought are also so located.

(2) Process and mandates may be issued by summary courts-martial, provost courts, military judges, or the president of other military courts and may be directed to and may be executed by the marshals of the military court or any peace officer and shall be in such form as may be prescribed by regulations issued under this code.

(3) All officers to whom process or mandates may be directed shall execute them and make return of their acts thereunder according to the requirements of those documents. Except as otherwise specifically provided in this code, no such officer may demand or require payment of any fee or charge for receiving, executing, or returning such a process or mandate or for any service in connection therewith.

(4) The president of any court-martial, any military judge and any summary court officer, shall have authority to issue, under his hand, in the name of the State of Mississippi, directed to any sheriff or constable, whose duty it shall be to serve or execute the same in the same manner in which like process is served or executed when issued by a magistrate, all necessary process, subpoenas, attachments, warrants of arrest, and warrants of commitment.
Miss. Code Ann. § 33-11-3 — MS Code / Title 33 / Chapter 7 / Section 11-3
Miss. Code Ann. § 33-11-3
Status: in_force

The Adjutant General shall be the state custodian of training facilities. No training facility shall be used for any other than a strictly military purpose without the recommendation of the officer in charge thereof and approval of the Adjutant General.
Miss. Code Ann. § 33-15-15 — MS Code / Title 33 / Chapter 15 / Section 15-15
Miss. Code Ann. § 33-15-15
Status: in_force

(a) The agency is authorized to provide, within or without the state, such support from available personnel, equipment and other resources of state agencies and the political subdivisions of the state as may be necessary to reinforce emergency management agencies in areas stricken by emergency. Such support shall be rendered with due consideration of the plans of the federal government, this state, the other states and of the criticalness of the existing situation. Emergency management support forces shall be called to duty upon orders of the agency and shall perform their functions in any part of the state, or, upon the conditions specified in this section, in other states.

(b) Personnel of emergency management support forces while on duty, whether within or without the state, shall:

(1) If they are employees of the state, have the powers, duties, rights, privileges and immunities and receive the compensation incidental to their employment;

(2) If they are employees of a political subdivision of the state, and whether serving within or without such political subdivision, have the powers, duties, rights, privileges and immunities and receive the compensation incidental to their employment; and

(3) If they are not employees of the state or a political subdivision thereof, be entitled to compensation by the state at a rate commensurate with their duties and responsibilities and to the same rights and immunities as are provided by law for the employees of this state.

All personnel of emergency management support forces shall, while on duty, be subject to the operational control of the authority in charge of emergency management activities in the area in which they are serving, and shall be reimbursed for all actual and necessary travel and subsistence expenses, and for death, disability or injury to such personnel while on such emergency duty as a member of an emergency management support force, the state shall pay compensation to the heirs in event of death or the individual in event of injury or disability in accordance with payment schedules contained in the Mississippi Workers' Compensation Law.

(c) The state shall reimburse a political subdivision for the actual and necessary travel, subsistence and maintenance expenses of employees of such political subdivision while serving as members of an emergency management support force, and for all payments for death, disability or injury of such employees incurred in the course of such duty, and for all losses of or damage to supplies and equipment of such political subdivision resulting from the operation of such emergency management support force. The state may also reimburse a political subdivision for employees' overtime while deployed as members of an emergency management support force and backfill of deployed forces when determined by the director to be necessary to avoid serious financial consequences for the political subdivision providing support and when requested by the chief elected official of the political subdivision stating the circumstances for the request.

(d) Whenever an emergency management support force of another state shall render aid in this state pursuant to the orders of the governor of its home state and upon the request of the Governor of this state, the personnel thereof shall have the powers, duties, rights, privileges and immunities of emergency management personnel serving in similar capacities in this state, except compensation, and this state shall reimburse such other state for the compensation paid and actual and necessary travel, subsistence and maintenance expenses of the personnel of such emergency management support force while rendering such aid, and for all payments for death, disability or injury of such personnel incurred in the course of rendering such aid, and for all losses of or damage to supplies and equipment of such other state or a political subdivision thereof resulting from the rendering of such aid; provided, that the laws of such other state contain provisions substantially similar to this section.

(e) No personnel of emergency management support forces of this state shall be ordered by the Governor to operate in any other state unless the laws of such other state contain provisions substantially similar to this section.
Miss. Code Ann. § 33-13-423 — MS Code / Title 33 / Chapter 9 / Section 13-423
Miss. Code Ann. § 33-13-423
Status: in_force

(1) Before the vacation of the suspension of a special court-martial sentence which as approved includes a dismissal or bad conduct discharge, or of any general court-martial sentence, a hearing on the alleged violation of probation shall be held. The probationer shall be represented at the hearing by military counsel if he so desires.

(2) The record of the hearing and the recommendation of the hearing officer shall be sent for action to the Governor in cases involving a general court-martial sentence and to the commanding officer of the state military forces of which the probationer is a member in all other cases covered by subsection (1) of this section. If the Governor or commanding officer vacates the suspension, any unexecuted part of the sentence except a dismissal shall be executed.

(3) The suspension of any other sentence may be vacated by any authority competent to convene, for the command in which the accused is serving or assigned, a court of the kind that imposed the sentence.
Miss. Code Ann. § 33-15-27 — MS Code / Title 33 / Chapter 5 / Section 15-27
Miss. Code Ann. § 33-15-27
Status: in_force

(a) Whenever the federal government or any agency or officer thereof shall offer to the state, or through the state to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant or loan, for purposes of emergency management, the state, acting through the Governor, or such political subdivision, acting with the consent of the Governor and through its governing body, may accept such offer and upon such acceptance the Governor of the state or governing body of such political subdivision, may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision, and subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer.

(b) Whenever any person, firm or corporation shall offer to the state or to any political subdivision thereof, services, equipment, supplies, materials, or funds by way of gift, grant or loan, for purposes of emergency management, the state, acting through the Governor, or such political subdivision, acting through its governing body may accept such offer and upon such acceptance the Governor of the state or governing body of such political subdivision may authorize any officer of the state or of the political subdivision, as the case may be, to receive such services, equipment, supplies, materials, or funds on behalf of the state or such political subdivision, and subject to the terms of the offer.
Miss. Code Ann. § 33-13-309 — MS Code / Title 33 / Chapter 3 / Section 13-309
Miss. Code Ann. § 33-13-309
Status: in_force

The military judge, or a court-martial without a military judge, may, for reasonable cause, grant a continuance to any party for such time and for as often as may appear to be just.
Miss. Code Ann. § 33-13-611 — MS Code / Title 33 / Chapter 1 / Section 13-611
Miss. Code Ann. § 33-13-611
Status: in_force

The Governor may delegate any authority vested in him under this code, and may provide for the subdelegation of any such authority.
Miss. Code Ann. § 33-13-259 — MS Code / Title 33 / Chapter 3 / Section 13-259
Miss. Code Ann. § 33-13-259
Status: in_force

(1) Before directing the trial of any charge by general court-martial, the convening authority shall refer it to his staff judge advocate for consideration and advice. The convening authority may not refer a charge to a general court-martial for trial unless he has found that the charge alleges an offense under this code and is warranted by evidence indicated in the report of investigation.

(2) If the charges or specifications are not formally correct or do not conform to the substance of the evidence contained in the report of the investigating officer, formal corrections and such changes in the charges and specifications as needed to make them conform to the evidence may be made.
Miss. Code Ann. § 33-1-11 — MS Code / Title 33 / Chapter 1 / Section 1-11
Miss. Code Ann. § 33-1-11
Status: in_force

If any person shall interrupt, molest, or insult, by abusive words or behavior, or shall obstruct or interfere with any officer or enlisted man while on duty at any parade, drill or meeting of his military organization, or while engaged in the performance of any other proper military duty, he shall immediately be put under guard, and may be kept, at the discretion of the commissioned officer in charge, until the parade, drill meeting or duty is concluded; and the commissioned officer in charge may commit such person to any police officer or constable of any municipality or beat where such parade, drill, meeting, or duty is being performed, or the sheriff of the county, or his deputy, who shall hold such person for trial before a court having jurisdiction of the place, and any person so offending shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine not to exceed one hundred dollars ($100.00) or by imprisonment not to exceed thirty (30) days, or both such fine and imprisonment.
Miss. Code Ann. § 33-13-175 — MS Code / Title 33 / Chapter 9 / Section 13-175
Miss. Code Ann. § 33-13-175
Status: in_force

In the state military forces not in federal service, general courts-martial may be convened by:

(a) The Governor of the State of Mississippi; or

(b) The Adjutant General; or

(c) Any other general officer under such regulations as the Governor may promulgate.
Miss. Code Ann. § 33-13-357 — MS Code / Title 33 / Chapter 13 / Section 13-357
Miss. Code Ann. § 33-13-357
Status: in_force

(1) A sentence of confinement adjudged by a military court, whether or not the sentence includes discharge or dismissal, and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the state military forces or in any jail, penitentiary, or prison or other institution, under the control of this state or any political subdivision thereof and designated by the Adjutant General. Persons so confined in a jail, penitentiary, prison or other institution are subject to the same discipline and treatment as persons confined or committed to the jail, penitentiary, prison or other institutions by the courts of the state or of any political subdivision thereof.

(2) The omission of the words “hard labor” from any sentence or punishment of a court-martial adjudging confinement does not deprive the authority executing that sentence or punishment of the power to require hard labor as a part of the punishment.

(3) The keepers, officers, and wardens of any jails, penitentiaries, prisons, or other institutions, under the control of this state or any political subdivision thereof, shall receive persons ordered into confinement before trial and persons committed to confinement by a military court and shall confine them according to law.
Miss. Code Ann. § 33-15-47 — MS Code / Title 33 / Chapter 13 / Section 15-47
Miss. Code Ann. § 33-15-47
Status: in_force

This article shall be construed liberally in order to effectuate its purposes.
Miss. Code Ann. § 33-13-469 — MS Code / Title 33 / Chapter 11 / Section 13-469
Miss. Code Ann. § 33-13-469
Status: in_force

(1) Any member of the state military forces who:

(a) Without authority goes or remains absent from his unit, organization or place of duty with intent to remain away therefrom permanently; or

(b) Quits his unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or

(c) Without being regularly separated from one of the state military forces enlists or accepts an appointment in the same or another one of the state military forces, or in one of the Armed Forces of the United States or in any foreign armed service without fully disclosing the fact that he has not been regularly separated; is guilty of desertion.

(2) Any commissioned officer of the state military forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.

(3) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-13-499 — MS Code / Title 33 / Chapter 13 / Section 13-499
Miss. Code Ann. § 33-13-499
Status: in_force

Any person subject to this code who compels or attempts to compel the commander of any place, vessel, aircraft or other military property, or of any body of members of the state military forces of this state, or of any other state, to give it up to an enemy or to abandon it, or who strikes the colors or flag to an enemy without proper authority, shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-15-205 — MS Code / Title 33 / Chapter 3 / Section 15-205
Miss. Code Ann. § 33-15-205
Status: in_force

Whenever the President of the United States, at the request of the Governor, has declared an emergency or a major disaster to exist in this state and the declaration includes Individual Assistance, the Governor is authorized:

(a) To accept a grant by the federal government, subject to such terms and conditions as may be imposed, including the required final audit by the State Auditor's Office, upon determination and with concurrence by the director that financial assistance is essential to meet disaster-related necessary expenses or serious needs of individuals, families or households adversely affected by a major disaster that cannot be otherwise adequately met from other means of assistance.

(b) To enter into an agreement with the federal government, or any officer or agency thereof, pledging the state to participate in the funding of the Other Needs Assistance (ONA) program authorized in the Act, in an amount not to exceed twenty-five percent (25%) thereof, and if state funds are not otherwise available to the Governor, to accept an advance of the state share from the federal government to be repaid when the state is able to do so when appropriated for that purpose.
Miss. Code Ann. § 33-5-11 — MS Code / Title 33 / Chapter 4 / Section 5-11
Miss. Code Ann. § 33-5-11
Status: in_force

The Governor, when ordering out the unorganized militia, shall designate the number and classes to be called. He may order them out either by calling for volunteers or by draft. He may attach them to the several organizations of the National Guard or the Mississippi State Guard, as may be best for the service, provided that no additional organization or unit shall be created from the unorganized militia until the units of the National Guard are brought to their full authorized strength. During the absence of organizations of the National Guard in the service of the United States, their state designations shall not be given to new organizations.
Miss. Code Ann. § 33-15-403 — MS Code / Title 33 / Chapter 13 / Section 15-403
Miss. Code Ann. § 33-15-403
Status: in_force

There is established within the Office of the Governor a separate and distinct office to be known as the Office of Disaster Assistance Coordination. The office shall be the primary entity responsible for coordinating information regarding disaster assistance provided by federal agencies other than the Federal Emergency Management Agency (FEMA), by state agencies other than the Mississippi Emergency Management Agency (MEMA), and by other public and private entities that provide various types of assistance and benefits to victims of major natural disasters. The duties and responsibilities of the office shall be as follows:

(a) To serve as a single point of contact where individuals and public entities that are victims of major disasters may obtain information about all federal and state programs that provide assistance and benefits to disaster victims other than those provided by FEMA or MEMA, as well as information about the availability of disaster-related in-kind donations by private entities and individuals;

(b) To provide victims of major disasters with all of the forms and materials necessary in order to receive the benefits of those disaster assistance programs and disaster-related in-kind donations, and provide them with assistance in completing and filing the applications for those programs and in-kind donations;

(c) To coordinate and cooperate with FEMA, MEMA, other federal and state agencies and other public and private entities in providing and sharing information, forms and materials related to disaster assistance programs and disaster-related in-kind donations;

(d) To work with MEMA in coordinating information, revenues, programs and assistance made available in Mississippi by FEMA, whether directly through FEMA or through MEMA; and

(e) To perform such other duties relating to disaster assistance information as may be prescribed by the Governor.
Miss. Code Ann. § 33-13-517 — MS Code / Title 33 / Chapter 1 / Section 13-517
Miss. Code Ann. § 33-13-517
Status: in_force

(a) Any person subject to this code who wilfully and wrongfully hazards or suffers to be hazarded any vessel of the Armed Forces of the United States or of the state military forces shall be punished as a court-martial may direct.

(b) Any person subject to this code who negligently hazards or suffers to be hazarded any vessel of the Armed Forces of the United States or of the state military forces shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-13-307 — MS Code / Title 33 / Chapter 4 / Section 13-307
Miss. Code Ann. § 33-13-307
Status: in_force

(1) At any time after the service of charges which have been referred for trial to a court-martial composed of a military judge and members, the military judge may, subject to Section 33-13-261 , call the court into session without the presence of the members for the purpose of:

(a) Hearing and determining motions raising defense or objections which are capable of determining without trial or the issue raised by a plea of not guilty;

(b) Hearing and ruling upon any matter which may be ruled upon by the military judge under this chapter, whether or not the matter is appropriate for later consideration or decision by the members of the court;

(c) If permitted by regulations of the Governor, holding the arraignment and receiving the pleas of the accused; and

(d) Performing any other procedural function which may be performed by the military judge under this chapter or under rules prescribed pursuant to Section 33-13-301 and which does not require the presence of the members of the court. These proceedings shall be conducted in the presence of the accused, the defense counsel and the trial counsel, and shall be made a part of the record.

(2) When the members of a court-martial deliberate or vote, only the members may be present. All other proceedings, including any other consultation of the members of the court with counsel or the military judge, shall be made a part of the record and shall be in the presence of the accused, the defense counsel, the trial counsel and, in cases in which a military judge has been detailed to the court, the military judge.
Miss. Code Ann. § 33-13-529 — MS Code / Title 33 / Chapter 3 / Section 13-529
Miss. Code Ann. § 33-13-529
Status: in_force

Though not specifically mentioned in this code, all disorders and neglect to the prejudice of good order and discipline in the state military forces and/or all conduct of a nature to bring discredit upon the state military forces, of which persons subject to this code may be guilty, shall be taken cognizance of by a general or special court-martial according to the nature and degree of the offense and shall be punished at the discretion of the court.
Miss. Code Ann. § 33-13-313 — MS Code / Title 33 / Chapter 1 / Section 13-313
Miss. Code Ann. § 33-13-313
Status: in_force

Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters and interpreters shall take an oath to perform their duties faithfully. The oath or affirmation shall be taken, and shall read as follows:

(a) Court members:

“You, __________, do swear (or affirm) that you will faithfully perform all the duties incumbent upon you as a member of this court; that you will faithfully and impartially try, according to the evidence, your conscience, and the laws and regulations provided for trials by court-martial, the case of (the) (each) accused now before this court; and that you will not disclose or discover the vote or opinion of any particular member of the court upon a challenge or upon the findings or sentence unless required to do so before a court of justice in due course of law. So help you God.”

(b) Military judge:

“You, __________, do swear (or affirm) that you will faithfully and impartially perform, according to your conscience and the laws and regulations provided for trials by court-martial, all the duties incumbent upon you as military judge of this court. So help you God.”

(c) Trial counsel and assistant trial counsel:

“You, __________ (and) __________, do swear (or affirm) that you will faithfully perform the duties of trial counsel. So help you God.”

(d) Defense counsel and assistant defense counsel:

“You, __________ (and) __________, do swear (or affirm) that you will faithfully perform the duties of defense (and individual) counsel. So help you God.”

(e) Court of inquiry:

The recorder of a court of inquiry shall administer to the members the following oath: “You shall well and truly examine and inquire, according to the evidence, into the matter now before you without partiality, favor, affection, prejudice or hope of reward. So help you God.” After which the president of the court shall administer to the recorder the following oath: “You do swear (or affirm) that you will according to the best of your abilities, accurately and impartially record the proceedings of the court and the evidence to be given in the case in hearing. So help you God.”

(f) Witnesses:

All persons who give evidence before a court-martial or court of inquiry shall be examined on oath, administered by the presiding officer, in the following form: “You swear (or affirm) that the evidence you shall give in the case now in hearing shall be the truth, the whole truth, and nothing but the truth. So help you God.”

(g) Reporter or interpreter:

“You swear (or affirm) that you will faithfully perform the duties of reporter (or interpreter) to this court. So help you God.”
Miss. Code Ann. § 33-13-415 — MS Code / Title 33 / Chapter 7 / Section 13-415
Miss. Code Ann. § 33-13-415
Status: in_force

(1) In a case reviewable by the state judge advocate under this section, the state judge advocate may act only with respect to the findings and sentence as approved by the convening authority. He may affirm only such findings of guilty, and the sentence or such part or amount of the sentence, as he finds correct in law and fact and determines, on the basis of the entire record, should be approved. In considering the record, he may weigh the evidence, judge the credibility of witnesses, and determine controverted questions of fact, recognizing that the trial court saw and heard the witnesses. If the state judge advocate set aside the findings and sentence, he may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If he sets aside the findings and sentence and does not order a rehearing, he shall order that the charges be dismissed.

(2) In a case reviewable by the state judge advocate under this or the proceeding section, he shall instruct the convening authority to act in accordance with his decision on the review. If he has ordered a rehearing but the convening authority finds a rehearing impracticable, he may dismiss the charges.
Miss. Code Ann. § 33-13-451 — MS Code / Title 33 / Chapter 3 / Section 13-451
Miss. Code Ann. § 33-13-451
Status: in_force

No person may be tried or punished for any offense provided for in Sections 33-13-451 through 33-13-529 , unless it was committed while he was in a duty status or during a period of time when he was under lawful orders to be in a duty status.
Miss. Code Ann. § 33-9-17 — MS Code / Title 33 / Chapter 9 / Section 9-17
Miss. Code Ann. § 33-9-17
Status: in_force

Every officer of the Mississippi National Guard shall immediately upon his vacating an office, turn over to his successor, or to such other officer as may be designated by the commander in chief, or other competent authority, all records, retained copies of reports, public funds, and public military property pertaining to his former office or command. Any officer who shall fail or refuse to so turn over public funds or military property or records when called upon to do so, or shall abandon the same, or who shall fail or refuse to account for the same in the proper manner prescribed by law and regulations, shall be subject to trial by court-martial and punished as the court may direct.
Miss. Code Ann. § 33-15-1 — MS Code / Title 33 / Chapter 11 / Section 15-1
Miss. Code Ann. § 33-15-1
Status: in_force

This article may be cited as the “Mississippi Emergency Management Law.”
Miss. Code Ann. § 33-15-203 — MS Code / Title 33 / Chapter 9 / Section 15-203
Miss. Code Ann. § 33-15-203
Status: in_force

The following words wherever used in this article shall, unless a different meaning clearly appears from the context, have the following meanings:

(a) “ Necessary expense ” means the cost of an item or service essential to an individual, family or household to mitigate or overcome an adverse condition caused by an emergency or major disaster.

(b) “ Serious need ” means a requirement for an item or service essential to an individual, family or household to prevent or reduce hardship, injury or loss caused by an emergency or major disaster.

(c) “ Family ” means a social unit, comprised of husband and wife and dependents, if any, or a head of a household, as these terms are defined in the Internal Revenue Code of 1954.

(d) “ Individual ” means a person who is not a member of a family as defined in paragraph (c).

(e) “ Household ” means a dwelling containing a single family or single family and other relatives not otherwise considered family as defined in paragraph (c).

(f) “ Assistance from other means ” means aid, including monetary or in-kind contributions from other governmental programs, insurance, voluntary or charitable organizations or from any sources other than those of the individual, family or household.

(g) “The Act ” means the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( Public Law 93-288 , as amended by PL 100-707 and PL 106-390 ).

(h) “ Individuals and households program ” means the federal assistance available to eligible individuals under a major disaster declaration by the president pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

(i) “ Other Needs Assistance ” means that component of the IHP program that provides a grant for individuals that requires the state share twenty-five percent (25%) of the total cost according to Section 408 of the Stafford Act ( 42 USC 5174 ).

(j) “ Federal regulations ” means those regulations published in the Federal Register relating to the specific subject.

(k) “ Emergency ” means any occasion or instance for which, in the determination of the Governor or President, federal assistance is needed to supplement state and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States.

(l) “ State of emergency ” means that a state of emergency has been declared by the Governor pursuant to Section 33-15-11(b)(17) to exist as a result of a man-made, technological or natural disaster and the local government has exhausted local resources and requires state assistance.

(m) “ Federal assistance ” means aid to disaster victims or state and local governments by federal agencies under the provisions of the Act.

(n) “ Major disaster ” means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake, volcanic eruption, landslide, snowstorm, drought, fire, explosions, acts of terrorism or other man-made, technological or natural disaster or catastrophe in the State of Mississippi which, in the determination of the President, causes damage of sufficient severity and magnitude to warrant major disaster assistance under the Federal Disaster Relief and Emergency Assistance Act and beyond emergency services of the state, local governments and disaster relief organizations in alleviating the damage, loss, hardship or suffering caused thereby.

(o) “ Director ” means the Director of Mississippi Emergency Management Agency, appointed pursuant to Section 33-15-7 .

(p) “ Governor's authorized representative ” means the person appointed by the Governor to administer federal disaster assistance programs on behalf of the state and local governments and are responsible for the state compliance with the FEMA-State Agreement.

(q) “ State coordinating officer ” means the person appointed by the Governor to act in cooperation with the federal coordinating officer appointed under Section 303(c) of the Act.

(r) “ Temporary housing program ” means rental of existing housing, apartments or commercial lodging provided by assistance from state government either individually or jointly to individuals, families or households made homeless by emergency or major disaster.

(s) “ Voluntary organization ” means any chartered or otherwise duly recognized tax-exempt local, state or national organized group that has provided or may provide services to states, local governments or individuals in a major disaster or emergency.
Miss. Code Ann. § 33-13-527 — MS Code / Title 33 / Chapter 3 / Section 13-527
Miss. Code Ann. § 33-13-527
Status: in_force

Any commissioned officer, officer candidate or warrant officer who is convicted of conduct unbecoming an officer and a gentleman shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-13-15 — MS Code / Title 33 / Chapter 5 / Section 13-15
Miss. Code Ann. § 33-13-15
Status: in_force

(1) The Adjutant General shall appoint an officer of the state military forces as state judge advocate. To be eligible for appointment, an officer must have been a member of the bar of a federal court and of the Supreme Court of the State of Mississippi for at least five (5) years, and a member of the judge advocate general corps for at least five (5) years.

(2) The Adjutant General shall appoint judge advocates and legal officers upon recommendation of the state judge advocate. To be eligible for appointment, judge advocates or legal officers must be officers of the state military forces and members of the bar of a federal court and the Supreme Court of the State of Mississippi.

(3) The state judge advocate or his assistants shall make frequent inspections in the field in supervision of the administration of military justice.

(4) Convening authorities shall at all times communicate directly with their staff judge advocates or legal officers in matters relating to the administration of military justice; and the staff judge advocates or legal officers of any command are entitled to communicate directly with the staff judge advocates or legal officers of a superior or subordinate command, or with the state judge advocate.

(5) No person who has acted as a member, military judge, trial counsel or investigating officer, or who has been a witness for either the prosecution or defense in any case may later act as staff judge advocate or legal officer to any reviewing authority upon the same case.
Miss. Code Ann. § 33-13-19 — MS Code / Title 33 / Chapter 1 / Section 13-19
Miss. Code Ann. § 33-13-19
Status: in_force

Any civil officer or peace officer having authority to apprehend offenders under the laws of the United States or of a state, territory, commonwealth or possession, or the District of Columbia, may summarily apprehend a deserter from the state military forces.
Miss. Code Ann. § 33-7-27 — MS Code / Title 33 / Chapter 4 / Section 7-27
Miss. Code Ann. § 33-7-27
Status: in_force

Upon the termination of any emergency for which the Mississippi National Guard has been drafted into the military service of the United States, all enlisted men so drafted, upon being discharged from the Armed Forces of the United States shall continue to serve in the Mississippi National Guard until the dates upon which their enlistments prior to their draft, would have expired, if uninterrupted. The commissioned and warranted officers so drafted shall resume their commissions and warrants in the Mississippi National Guard in the respective grades held by them when drafted, or in any higher grade which they may have attained while in such service, if appointed thereto by the Governor to fill existing vacancies.
Miss. Code Ann. § 33-13-425 — MS Code / Title 33 / Chapter 9 / Section 13-425
Miss. Code Ann. § 33-13-425
Status: in_force

At any time within two (2) years after approval by the convening authority of a court-martial sentence, the accused may petition the state judge advocate for a new trial on ground of newly discovered evidence or fraud on the court-martial. If the accused's case is pending before the Mississippi Court of Military Appeals when this petition is filed, the appeal will not proceed until the state judge advocate has made a decision on the request. If the petition is granted, the appeal will be dismissed. If the petition is denied, the court of military appeals will continue its proceedings on the case.
Miss. Code Ann. § 33-13-161 — MS Code / Title 33 / Chapter 13 / Section 13-161
Miss. Code Ann. § 33-13-161
Status: in_force

The provisions of this article conferring jurisdiction upon courts-martial do not deprive military commissions, provost courts or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by the law of war may be tried by military commissions, provost courts or other military tribunals.
Miss. Code Ann. § 33-13-407 — MS Code / Title 33 / Chapter 1 / Section 13-407
Miss. Code Ann. § 33-13-407
Status: in_force

Where there is an apparent error or omission in the record or where the record shows improper or inconsistent action by a court-martial with respect to a finding or sentence which can be rectified without material prejudice to the substantial rights of the accused, the convening authority may return the record to the court for appropriate action. In no case, however, may the record be returned:

(a) For reconsideration of a finding of not guilty, or a ruling which amounts to a finding of not guilty;

(b) For consideration of a finding of not guilty of any charge, unless the record shows a finding of guilty under a specification laid under that charge which sufficiently alleges a violation of some section of this code; or

(c) For increasing the severity of the sentence unless the sentence prescribed for the offense is mandatory.
Miss. Code Ann. § 33-13-309 — MS Code / Title 33 / Chapter 11 / Section 13-309
Miss. Code Ann. § 33-13-309
Status: in_force

The military judge, or a court-martial without a military judge, may, for reasonable cause, grant a continuance to any party for such time and for as often as may appear to be just.
Miss. Code Ann. § 33-13-491 — MS Code / Title 33 / Chapter 5 / Section 13-491
Miss. Code Ann. § 33-13-491
Status: in_force

Any person subject to this code who, without proper authority, releases any prisoner committed to his charge, or who through neglect or design suffers any such prisoner to escape, shall be punished as a court-martial may direct, whether or not the prisoner was committed in strict compliance with the law.
Miss. Code Ann. § 33-15-313 — MS Code / Title 33 / Chapter 1 / Section 15-313
Miss. Code Ann. § 33-15-313
Status: in_force

(1) Subject to the conditions specified in this section, the director shall allocate funds from the trust fund to meet the cost of any one or more projects. The completion of all or part of a project before application for funds under this article shall not disqualify such project or any part thereof.

(2) To be eligible for state and/or federal funding, the governing body of the local agency must declare a local emergency and forward such declaration to the Governor.

(3) A state or local agency shall make application to the director for state and/or federal financial assistance within thirty (30) days after the date of the declaration of a major disaster or emergency declared by the President or a state of emergency declared by the Governor; however, the director may extend the time for such filing, but only under unusual circumstances. No financial aid shall be provided until an applicant has filed a Notice of Interest and a Request for Federal Assistance and a state and/or federal team has first investigated and reported upon the proposed work, has estimated the cost of the work, and has filed a project worksheet thereon with the Governor's authorized representative and a project application has been prepared. The estimate of cost of the work may include expenditures made by the state or local agency for such work before the making of such estimate. “ Unusual circumstances ,” as used in this subsection, means unavoidable delays that result from recurrence of a disaster, prolonged severe weather or other conditions beyond the control of the applicant. Delays resulting from administrative procedures are not unusual circumstances that warrant extensions of time.

(4) No funds shall be allocated from the trust fund to a state or local agency until the agency has indicated in writing its acceptance of the project application and the cost-sharing related thereto in such form as the director prescribes. The project application shall provide for the performance of the work by the state or local agency, shall provide for the methods of handling the funds allocated and the matching funds provided by the local agency, and shall contain such other provisions as are deemed necessary to ensure completion of the work included in the project application and the proper expenditures of funds as provided herein.
Miss. Code Ann. § 33-13-317 — MS Code / Title 33 / Chapter 3 / Section 13-317
Miss. Code Ann. § 33-13-317
Status: in_force

(1) No person may, without his consent, be tried a second time in any military court of the State of Mississippi for the same offense.

(2) No proceedings in which an accused has been found guilty by a court-martial upon any charge or specification is a trial in the sense of this section until the finding of guilty has become final after review of the case has been fully completed.

(3) A proceeding which, after the proper convening of the court and the introduction of evidence but before a finding, is dismissed or terminated by the convening authority or on motion of the prosecution for failure of available evidence or witnesses without any fault of the accused is a trial in the sense of this section.
Miss. Code Ann. § 33-15-217 — MS Code / Title 33 / Chapter 7 / Section 15-217
Miss. Code Ann. § 33-15-217
Status: in_force

State Temporary Housing Assistance under this article may be made available to those victims of an emergency or localized disaster who, as a result of a state of emergency declared by the Governor, require temporary housing assistance for reasons including, but not limited to, the following:

(a) Physical damage to the dwelling to the extent that it has been rendered uninhabitable for a period of no less than three (3) days.

(b) The dwelling has been determined uninhabitable as a result of an authorized governmental entity requiring evacuations of an area though the structure may be unharmed. This does not include subsequent condemnations for redevelopment of an area following a disaster.

(c) Impeded access to the dwelling that cannot be quickly alleviated by debris removal even though the structure may be unharmed.

(d) Extended interruption of essential utilities sufficient to constitute a health hazard.

(e) Eviction from a residence by the owner because of the owner's perennial need for housing as a direct result of the disaster.

(f) Eviction from residence by owner because of a financial hardship that is a direct result of the disaster.

(g) Other circumstances which cause temporary housing to be required and which are approved by the director.
Miss. Code Ann. § 33-11-7 — MS Code / Title 33 / Chapter 3 / Section 11-7
Miss. Code Ann. § 33-11-7
Status: in_force

The Adjutant General of the state is authorized and empowered to lease for and on behalf of the Mississippi National Guard, and for its use and benefit, such real property within the state as may be necessary and suitable for military installations and training facilities or other military purposes. Said leases may be made for a period of not to exceed ninety-nine (99) years. Payments under such leases may be paid out of the military fund.
Miss. Code Ann. § 33-13-401 — MS Code / Title 33 / Chapter 9 / Section 13-401
Miss. Code Ann. § 33-13-401
Status: in_force

(1) A finding or sentence of a court-martial may not be held incorrect on the ground of an error of law unless the error materially prejudices the substantial rights of the accused.

(2) Any reviewing authority with the power to approve or affirm a finding of guilty may approve or affirm, instead, so much of the finding as includes a lesser included offense.
Miss. Code Ann. § 33-1-7 — MS Code / Title 33 / Chapter 1 / Section 1-7
Miss. Code Ann. § 33-1-7
Status: in_force

No person belonging to the military forces of this state shall be arrested by any civil authority under any civil or criminal process while going to, remaining at or returning from any place at which he may be required to attend military duty except for treason or felony. Service of any such prohibited process shall be void.
Miss. Code Ann. § 33-13-27 — MS Code / Title 33 / Chapter 13 / Section 13-27
Miss. Code Ann. § 33-13-27
Status: in_force

Subject to Section 33-13-355 , no person, while being held for trial or the result of trial, may be subjected to punishment or penalty other than arrest or confinement upon the charges pending against him, nor shall the arrest or confinement imposed upon him be any more rigorous than the circumstances require to insure his presence, but he may be subjected to minor punishment during that period for infractions of discipline.
Miss. Code Ann. § 33-13-463 — MS Code / Title 33 / Chapter 11 / Section 13-463
Miss. Code Ann. § 33-13-463
Status: in_force

(a) Any person subject to this code who solicits or advises another or others to desert in violation of Section 33-13-469 or mutiny in violation of Section 33-13-487 , shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if, the offense solicited or advised is not committed or attempted, he shall be punished as a court-martial may direct.

(b) Any person subject to this code who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of Section 33-13-497 , or sedition in violation of Section 33-13-487 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, he shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-15-202 — MS Code / Title 33 / Chapter 9 / Section 15-202
Miss. Code Ann. § 33-15-202
Status: in_force

It is the intent of the Legislature and declared to be the policy of the state that funds to meet emergencies or major disasters shall always be made available.
Miss. Code Ann. § 33-15-308 — MS Code / Title 33 / Chapter 9 / Section 15-308
Miss. Code Ann. § 33-15-308
Status: in_force

It is the intention of the Legislature that whenever the Director of the Mississippi Emergency Management Agency determines that funds are immediately needed in the Disaster Assistance Trust Fund to provide for disaster assistance under this section, he shall notify the Executive Director of the Department of Finance and Administration of his determination and shall requisition the amount of funds from the Working Cash-Stabilization Reserve Fund (Fund No. 3992) and/or the Budget Contingency Fund (Fund No. 3177) that are needed in the trust fund, which shall be subject to the limitations set forth below in this section. At the same time he makes the requisition, the director shall notify the Lieutenant Governor, the Speaker of the House of Representatives and the respective Chairmen of the Senate Appropriations Committee, the Senate Finance Committee, the House Appropriations Committee and the House Ways and Means Committee of his determination of the need for the funds and the amount that he has requisitioned. Upon receipt of such a requisition from the director, the Executive Director of the Department of Finance and Administration shall ascertain if the amount requisitioned is available in the Working Cash-Stabilization Reserve Fund (Fund No. 3992) and/or the Budget Contingency Fund (Fund No. 3177) and is within the limitations set forth below in this section and, if it is, he shall transfer that amount from the Working Cash-Stabilization Reserve Fund (Fund No. 3992) and/or the Budget Contingency Fund (Fund No. 3177) to the trust fund. If the amount requisitioned is more than the amount available in the Working Cash-Stabilization Reserve Fund (Fund No. 3992) and/or the Budget Contingency Fund (Fund No. 3177) or above the limitations set forth below in this section, the executive director shall transfer the amount that is available within the limitations. The maximum amount that may be transferred from the Working Cash-Stabilization Reserve Fund (Fund No. 3992) and/or the Budget Contingency Fund (Fund No. 3177) to the trust fund for any one (1) disaster occurrence shall be Five Hundred Thousand Dollars ($500,000.00) and the maximum amount that may be transferred during any fiscal year shall be One Million Dollars ($1,000,000.00).

It is the intention of the Legislature, that during the subsequent legislative session, consideration shall be given to provide an appropriation equal to the amount transferred from the Working Cash-Stabilization Reserve Fund (Fund No. 3992) and/or the Budget Contingency Fund (Fund No. 3177) to the Disaster Assistance Trust Fund under the provisions of this section as repayment to the Working Cash-Stabilization Reserve Fund (Fund No. 3992) and/or the Budget Contingency Fund.
Miss. Code Ann. § 33-13-521 — MS Code / Title 33 / Chapter 1 / Section 13-521
Miss. Code Ann. § 33-13-521
Status: in_force

Any person subject to this code who for the purpose of avoiding work, duty or service in the state military forces:

(a) Feigns illness, physical disablement, mental lapse or derangement; or

(b) Intentionally inflicts self-injury; shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-7-315 — MS Code / Title 33 / Chapter 3 / Section 7-315
Miss. Code Ann. § 33-7-315
Status: in_force

Whenever the National Guard, or any part thereof, is ordered out for active state duty, all expenses incurred in such service shall be paid from funds of the State of Mississippi not otherwise appropriated.
Miss. Code Ann. § 33-13-523 — MS Code / Title 33 / Chapter 9 / Section 13-523
Miss. Code Ann. § 33-13-523
Status: in_force

Any person subject to this code who causes or participates in any riot or breach of the peace shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-15-219 — MS Code / Title 33 / Chapter 7 / Section 15-219
Miss. Code Ann. § 33-15-219
Status: in_force

Temporary housing shall be limited to minimum accommodations necessary for adequate housing for periods longer than that provided through the operation and use of community emergency shelters. Temporary housing accommodations may include, but not be limited to:

(a) Unoccupied, available housing of the United States when made available by the appropriate federal agency.

(b) Mobile homes, travel trailers or other readily fabricated dwellings provided by the appropriate federal agency.

(c) Rental properties when deemed by the appropriate federal agency to be the most economical means available.

(d) Rental properties and apartments or commercial lodging obtained with state temporary housing program grant proceeds.
Miss. Code Ann. § 33-3-11 — MS Code / Title 33 / Chapter 3 / Section 3-11
Miss. Code Ann. § 33-3-11
Status: in_force

The Adjutant General shall:

(a) Appoint all of the employees of his department and he may remove any of them at his discretion;

(b) Keep rosters of all active, reserve and retired members of the militia of this state, and keep in his office all records and papers required to be kept and filed therein;

(c) Submit to the Governor in each year preceding a regular session of the Legislature a printed detailed report of the transactions of his office, the expenses thereof, and such operations and conditions of the National Guard of this state as may be required by the Governor;

(d) Cause the military law, the regulations of the National Guard of this state and such other military publications as may be necessary for the military service to be distributed at the expense of the state to commands so that all personnel of the National Guard of this state will have access to same;

(e) Keep records on and preserve all military property belonging to the state;

(f) Keep just and true accounts of all monies received and disbursed by him;

(g) Attest all commissions and warrants issued to military officers of this state;

(h) Have a seal;

(i) Make such regulations pertaining to the preparations of reports and returns and to the care and preservation of property in possession of the state for military purposes, whether belonging to the state or the United States, as in his opinion the conditions demand;

(j) Attend the care, preservation, safekeeping, transportation and repairing of the arms, ordnance, accouterments, equipment and all other military property belonging to the state or issued to the state by the government of the United States for military purposes, and keep accurate accounts thereof;

(k) Issue such military property as the necessity of the services require and make purchases for that purpose. No military property shall be issued or loaned, except upon an emergency, to persons or organizations other than those belonging to the National Guard of Mississippi except to such portions of the unorganized militia as may be called out by the Governor;

(l) Keep the reports and returns of troops and all other writings and documents required to be preserved by the state military headquarters;

(m) Keep necessary records attesting to the service of individuals of Mississippi forces for the Spanish American War and all subsequent wars and insurrections. The Adjutant General is authorized to make a determination as to when old records have only historical value, and therefore, transfer them to the State Department of Archives and History for reference and preservation;

(n) Those records and relics not required for efficient operation of the military department may be turned over to the Department of Archives and History for preservation;

(o) The Adjutant General with the approval of the Governor shall provide for and be responsible for the organization, training, tactical employment, and discipline of the Mississippi National Guard, Mississippi State Guard, and the unorganized militia when called to active state duty.
Miss. Code Ann. § 33-13-627 — MS Code / Title 33 / Chapter 13 / Section 13-627
Miss. Code Ann. § 33-13-627
Status: in_force

This chapter may be cited as the “Mississippi Code of Military Justice.”
Miss. Code Ann. § 33-13-487 — MS Code / Title 33 / Chapter 3 / Section 13-487
Miss. Code Ann. § 33-13-487
Status: in_force

(a) Any person subject to this code who:

(1) with intent to usurp or override lawful military authority refuses, in concert with any other person, or persons, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny;

(2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or other disturbances against that authority is guilty of sedition;

(3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place; is guilty of a failure to suppress or report a mutiny or sedition.

(b) A person who is found guilty of attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-13-429 — MS Code / Title 33 / Chapter 5 / Section 13-429
Miss. Code Ann. § 33-13-429
Status: in_force

(1) Under such regulations as the Governor may prescribe, all rights, privileges, and property affected by an executed part of a court-martial sentence which has been set aside or disapproved, except an executed dismissal or discharge, shall be restored unless a new trial or rehearing is ordered and such executed part is included in a sentence imposed upon a new trial or hearing.

(2) If a previously executed sentence of dishonorable discharge is not imposed on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issuance unless the accused is to serve out the remainder of his enlistment.

(3) If a previously executed sentence of dismissal is not imposed on a new trial, the Governor shall substitute therefor a form of discharge authorized for administrative issue, and a commissioned officer dismissed by that sentence may be reappointed by the Governor alone to such commissioned grade and with such rank as in the opinion of the Governor that former officer would have attained had he not been dismissed. The reappointment of such former officer may be made if a position vacancy is available under applicable table of organization. All the time between the dismissal and reappointment shall be considered as service for all purposes.
Miss. Code Ann. § 33-13-525 — MS Code / Title 33 / Chapter 3 / Section 13-525
Miss. Code Ann. § 33-13-525
Status: in_force

Any person subject to this code who uses provoking or reproachful words or gestures towards any other person subject to this code shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-7-315 — MS Code / Title 33 / Chapter 1 / Section 7-315
Miss. Code Ann. § 33-7-315
Status: in_force

Whenever the National Guard, or any part thereof, is ordered out for active state duty, all expenses incurred in such service shall be paid from funds of the State of Mississippi not otherwise appropriated.
Miss. Code Ann. § 33-13-467 — MS Code / Title 33 / Chapter 13 / Section 13-467
Miss. Code Ann. § 33-13-467
Status: in_force

Any person subject to this code who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-7-3 — MS Code / Title 33 / Chapter 4 / Section 7-3
Miss. Code Ann. § 33-7-3
Status: in_force

Every unit of the Mississippi National Guard and the individual members thereof shall, unless excused by proper authority, participate in such field training, armory drills, training assemblies, inspections, musters, ceremonies, parades and other military training or military duty as may be prescribed by the laws and regulations of the United States relating to the National Guard or prescribed by the laws of this state or by the order of the Governor. The discipline of the National Guard shall conform to the system of discipline which is now or may hereafter be prescribed by the United States government for the National Guard, or where applicable for the active Armed Forces of the United States, and the training shall be conducted so as to conform to the applicable regulations of the United States governing training of the National Guard. Any officer, warrant officer or enlisted man who shall fail to report for or participate in or perform any such training, drill, assembly, inspection, muster, ceremony, parade or other military duty, after having first been ordered by his superior officer so to do and not having been excused therefrom by proper authority, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed thirty (30) days, or by both fine and imprisonment. For purposes of this section, a person shall be deemed to have been ordered to report for, participate in and perform military training or military duty if the same has been scheduled and notice thereof given to members of the unit in the manner prescribed by applicable regulations and customs of the service. Any member of the National Guard shall have an opportunity to explain any mitigating circumstances which may have caused an unauthorized absence under this section.
Miss. Code Ann. § 33-13-481 — MS Code / Title 33 / Chapter 1 / Section 13-481
Miss. Code Ann. § 33-13-481
Status: in_force

Any person subject to this code who:

(a) Strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of his office; or

(b) Willfully disobeys the lawful order of a warrant officer or noncommissioned officer; or

(c) Treats with contempt or is disrespectful in language or deportment toward a warrant officer or noncommissioned officer while that officer is in the execution of his office; shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-15-213 — MS Code / Title 33 / Chapter 1 / Section 15-213
Miss. Code Ann. § 33-15-213
Status: in_force

(1) The time limitation for the Governor to request federal emergency or major disaster assistance shall be in accordance with current federal regulations.

(2) The time limitation for disaster applicants to request assistance and file applications under current federal regulations is sixty (60) days from the date of declaration of disaster by the President. The time limitation for applicants to request state rental assistance under the State Temporary Housing Program is thirty (30) days following the declaration of an emergency by the Governor.
Miss. Code Ann. § 33-13-619 — MS Code / Title 33 / Chapter 4 / Section 13-619
Miss. Code Ann. § 33-13-619
Status: in_force

The jurisdiction of the military courts and boards established by this code shall be presumed and the burden of proof rests on any person seeking to oust those courts or boards of jurisdiction in any action or proceeding.
Miss. Code Ann. § 33-13-459 — MS Code / Title 33 / Chapter 1 / Section 13-459
Miss. Code Ann. § 33-13-459
Status: in_force

(a) An act, done with specific intent to commit an offense under this code, amounting to more than mere preparation and tending, even though failing, to effect its commission, is an attempt to commit that offense.

(b) Any person subject to this code who attempts to commit any offense punishable by this code shall be punished as a court-martial may direct, unless otherwise specifically prescribed.

(c) Any person subject to this code may be convicted of an attempt to commit an offense although it appears on the trial that the offense was consummated.
Miss. Code Ann. § 33-13-463 — MS Code / Title 33 / Chapter 3 / Section 13-463
Miss. Code Ann. § 33-13-463
Status: in_force

(a) Any person subject to this code who solicits or advises another or others to desert in violation of Section 33-13-469 or mutiny in violation of Section 33-13-487 , shall, if the offense solicited or advised is attempted or committed, be punished with the punishment provided for the commission of the offense, but, if, the offense solicited or advised is not committed or attempted, he shall be punished as a court-martial may direct.

(b) Any person subject to this code who solicits or advises another or others to commit an act of misbehavior before the enemy in violation of Section 33-13-497 , or sedition in violation of Section 33-13-487 shall, if the offense solicited or advised is committed, be punished with the punishment provided for the commission of the offense, but, if the offense solicited or advised is not committed, he shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-15-23 — MS Code / Title 33 / Chapter 1 / Section 15-23
Miss. Code Ann. § 33-15-23
Status: in_force

For the purpose of paying any expenses of its local emergency management organization, or for paying any expenses of the emergency management program, any board of supervisors of a county or any governing body of a municipality is authorized to expend any available funds from the general fund of such county or municipality.
Miss. Code Ann. § 33-15-31 — MS Code / Title 33 / Chapter 4 / Section 15-31
Miss. Code Ann. § 33-15-31
Status: in_force

(a) The governing bodies of the political subdivisions of the state and other agencies designated or appointed by the Governor are authorized and empowered to make, amend, and rescind such orders, rules, and regulations as may be necessary for emergency management purposes and to supplement the carrying out of the provisions of this article, but not inconsistent with any orders, rules and regulations promulgated by the Governor or by any state agency exercising a power delegated to it by him.

(b) All orders, rules, and regulations promulgated by the Governor, the Mississippi Emergency Management Agency or by any political subdivision or other agency authorized by this article to make orders, rules and regulations, shall have the full force and effect of law, when, in the event of issuance by the Governor, or any state agency, a copy thereof is filed in the office of the Secretary of State, or, if promulgated by a political subdivision of the state or agency thereof, when filed in the office of the clerk of the political subdivision or agency promulgating the same. All existing laws, ordinances, rules and regulations inconsistent with the provisions of this article, or of any order, rule, or regulation issued under the authority of this article, shall be suspended during the period of time and to the extent that such conflict, disaster or emergency exists.

(c) In order to attain uniformity so far as practicable throughout the country in measures taken to aid emergency management, all action taken under this article and all orders, rules and regulations made pursuant thereto, shall be taken or made with due consideration to the orders, rules, regulations, actions, recommendations, and requests of federal authorities relevant thereto and, to the extent permitted by law, shall be consistent with such orders, rules, regulations, actions, recommendations and requests.
Miss. Code Ann. § 33-15-505 — MS Code / Title 33 / Chapter 1 / Section 15-505
Miss. Code Ann. § 33-15-505
Status: in_force

(1) The agency shall:

(a) Promulgate regulations and develop procedures to govern the administration of this program, including a reimbursement process with a written form for each county or municipality to submit eligible expenditures to the agency and receive reimbursement from the agency;

(b) Inform each county and municipality of its portion of the funds set aside under Section 5 of this act;

(c) Inform each county and municipality of the requirements for reimbursement under the program, including the definition of an eligible expenditure under Section 2(h) of this act;

(d) Begin making initial disbursements to the counties and municipalities no later than August 15, 2020, for applicable, submitted eligible expenditures; and

(e) Continue to accept and reimburse rolling applications after August 15, 2020.

(2) The agency may retain up to Five Hundred Thousand Dollars ($500,000.00) of funds available under this act to administer this program.
Miss. Code Ann. § 33-15-207 — MS Code / Title 33 / Chapter 7 / Section 15-207
Miss. Code Ann. § 33-15-207
Status: in_force

In order to make federal Individual Assistance and Other Needs Assistance available to major disaster victims under this article, the Governor must request such assistance from the President of the United States. The Federal Emergency Management Agency must approve such a request and recommend the President of the United States make a major disaster declaration.
Miss. Code Ann. § 33-13-517 — MS Code / Title 33 / Chapter 11 / Section 13-517
Miss. Code Ann. § 33-13-517
Status: in_force

(a) Any person subject to this code who wilfully and wrongfully hazards or suffers to be hazarded any vessel of the Armed Forces of the United States or of the state military forces shall be punished as a court-martial may direct.

(b) Any person subject to this code who negligently hazards or suffers to be hazarded any vessel of the Armed Forces of the United States or of the state military forces shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-13-469 — MS Code / Title 33 / Chapter 1 / Section 13-469
Miss. Code Ann. § 33-13-469
Status: in_force

(1) Any member of the state military forces who:

(a) Without authority goes or remains absent from his unit, organization or place of duty with intent to remain away therefrom permanently; or

(b) Quits his unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or

(c) Without being regularly separated from one of the state military forces enlists or accepts an appointment in the same or another one of the state military forces, or in one of the Armed Forces of the United States or in any foreign armed service without fully disclosing the fact that he has not been regularly separated; is guilty of desertion.

(2) Any commissioned officer of the state military forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.

(3) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-9-7 — MS Code / Title 33 / Chapter 7 / Section 9-7
Miss. Code Ann. § 33-9-7
Status: in_force

(a) Federal Property --The Adjutant General shall direct the USPFO to audit and effect annual settlements with responsible officers having federal property accounts. The USPFO shall cause the responsible officer to prepare and submit proper adjustment documents to cover any discrepancies discovered during such audit. When it is determined by duly appointed reviewing authority that losses were incurred due to fault or negligence of the responsible officer, he shall be held pecuniarily liable. When the responsible officer has been held pecuniarily liable, the Adjutant General shall make demand on the responsible officer for payment to the treasurer of the United States for the specified amount. The Adjutant General shall enter or cause to be entered a suit on the bond of such officer upon failure to comply with demand for payment.

(b) State Property --All property of a non-consumable nature procured by the Adjutant General from state appropriated funds and like property purchased from unit maintenance funds shall be accounted for as state property. Property donated from any sources for National Guard use shall be considered state owned property. The Adjutant General shall maintain state property lists for all units and activities of the Mississippi National Guard. The Adjutant General shall cause state property accounts to be audited as he deems necessary. If the audit reflects shortages, the Adjutant General will cause an investigation to be made and take appropriate action. If such shortages are found to be due to the fault or negligence of the responsible officer, the Adjutant General shall make demand on the responsible officer for payment to the military fund of Mississippi for the specified amount. The Adjutant General shall enter or cause to be entered a suit on the bond of such officer upon failure to comply with demand for payment.
Miss. Code Ann. § 33-15-43 — MS Code / Title 33 / Chapter 11 / Section 15-43
Miss. Code Ann. § 33-15-43
Status: in_force

Any person violating any provision of this article or any rule, order, or regulation made pursuant to this article shall, upon conviction thereof, be punishable by a fine not exceeding Five Hundred Dollars ($500.00) or imprisonment for not exceeding six (6) months or both.
Miss. Code Ann. § 33-13-421 — MS Code / Title 33 / Chapter 9 / Section 13-421
Miss. Code Ann. § 33-13-421
Status: in_force

The counsel and defense counsel of a court-martial shall serve in the capacity of appellate counsel upon an appeal authorized under this code. The accused has the additional right to be represented by civilian counsel at his own expense. Should the defense or trial counsel become unable to perform their duties because of illness or other disability, the convening authority will appoint a qualified trial or defense counsel to continue the proceedings.
Miss. Code Ann. § 33-13-261 — MS Code / Title 33 / Chapter 1 / Section 13-261
Miss. Code Ann. § 33-13-261
Status: in_force

The trial counsel to whom court-martial charges are referred for trial shall cause to be served upon the accused a copy of the charges upon which trial is to be had. In time of peace, no person may, against his objections, be brought to trial or be required to participate by himself or counsel in a session called by the military judge under Section 33-13-307(1) in a general court-martial case within a period of five (5) days after the service of charges upon him, or in a special court-martial case within a period of three (3) days after the service of charges upon him.
Miss. Code Ann. § 33-15-213 — MS Code / Title 33 / Chapter 5 / Section 15-213
Miss. Code Ann. § 33-15-213
Status: in_force

(1) The time limitation for the Governor to request federal emergency or major disaster assistance shall be in accordance with current federal regulations.

(2) The time limitation for disaster applicants to request assistance and file applications under current federal regulations is sixty (60) days from the date of declaration of disaster by the President. The time limitation for applicants to request state rental assistance under the State Temporary Housing Program is thirty (30) days following the declaration of an emergency by the Governor.
Miss. Code Ann. § 33-13-465 — MS Code / Title 33 / Chapter 5 / Section 13-465
Miss. Code Ann. § 33-13-465
Status: in_force

Any person who:

(1) procures his own enlistment or appointment in the state military forces by knowingly false representations or deliberate concealment as to his qualifications for that enlistment or appointment and receives pay or allowances thereunder; or

(2) procures his own separation from the state military forces by knowingly false representation or deliberate concealment as to his eligibility for that separation; shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-13-335 — MS Code / Title 33 / Chapter 1 / Section 13-335
Miss. Code Ann. § 33-13-335
Status: in_force

A court-martial shall announce its finding and sentence to the parties as soon as determined.
Miss. Code Ann. § 33-15-31 — MS Code / Title 33 / Chapter 9 / Section 15-31
Miss. Code Ann. § 33-15-31
Status: in_force

(a) The governing bodies of the political subdivisions of the state and other agencies designated or appointed by the Governor are authorized and empowered to make, amend, and rescind such orders, rules, and regulations as may be necessary for emergency management purposes and to supplement the carrying out of the provisions of this article, but not inconsistent with any orders, rules and regulations promulgated by the Governor or by any state agency exercising a power delegated to it by him.

(b) All orders, rules, and regulations promulgated by the Governor, the Mississippi Emergency Management Agency or by any political subdivision or other agency authorized by this article to make orders, rules and regulations, shall have the full force and effect of law, when, in the event of issuance by the Governor, or any state agency, a copy thereof is filed in the office of the Secretary of State, or, if promulgated by a political subdivision of the state or agency thereof, when filed in the office of the clerk of the political subdivision or agency promulgating the same. All existing laws, ordinances, rules and regulations inconsistent with the provisions of this article, or of any order, rule, or regulation issued under the authority of this article, shall be suspended during the period of time and to the extent that such conflict, disaster or emergency exists.

(c) In order to attain uniformity so far as practicable throughout the country in measures taken to aid emergency management, all action taken under this article and all orders, rules and regulations made pursuant thereto, shall be taken or made with due consideration to the orders, rules, regulations, actions, recommendations, and requests of federal authorities relevant thereto and, to the extent permitted by law, shall be consistent with such orders, rules, regulations, actions, recommendations and requests.
Miss. Code Ann. § 33-15-43 — MS Code / Title 33 / Chapter 9 / Section 15-43
Miss. Code Ann. § 33-15-43
Status: in_force

Any person violating any provision of this article or any rule, order, or regulation made pursuant to this article shall, upon conviction thereof, be punishable by a fine not exceeding Five Hundred Dollars ($500.00) or imprisonment for not exceeding six (6) months or both.
Miss. Code Ann. § 33-13-607 — MS Code / Title 33 / Chapter 1 / Section 13-607
Miss. Code Ann. § 33-13-607
Status: in_force

(1) Whenever complaint is made to any commanding officer that willful damage has been done to the property of any person or that his property has been wrongfully taken by members of the state military forces, he may, subject to such regulations as the Governor may prescribe, convene a board to investigate the complaint. The board shall consist of from one (1) to three (3) commissioned officers, and for the purpose of that investigation, it has power to summon witnesses and examine them upon oath or affirmation, to receive depositions or other documentary evidence, and to assess the damages sustained against the responsible parties. The assessment of damages made by the board is subject to the approval of the commanding officer, and the amount approved by him shall be charged against the pay of the offenders. The order of the commanding officer directing charges herein authorized is conclusive, except as provided in subsection (3), on any disbursing officer for the payment by him to the injured parties of the damages so assessed and approved.

(2) If the offenders cannot be ascertained, but the organization or detachment to which they belong is known, charges totaling the amount of damages assessed and approved may be paid to the injured parties from the military funds of the units of the state military forces to which the offenders belonged.

(3) Any person subject to this code who is accused of causing willful damage to property has the right to be represented by counsel, to summon witnesses in his behalf, and to cross-examine those appearing against him. The counsel mentioned herein will be military counsel, provided by the commanding officer instituting this injury. The accused may also employ civilian counsel of his own choosing at his own expense. He has the right of appeal to the next higher commander.
Miss. Code Ann. § 33-13-183 — MS Code / Title 33 / Chapter 11 / Section 13-183
Miss. Code Ann. § 33-13-183
Status: in_force

(1) The authority convening a general or special court-martial shall, and subject to regulations issued by the Governor, the authority convening a summary court-martial may, detail a military judge. A military judge or a summary court officer shall preside over open sessions of the court-martial to which he has been detailed and shall be the approving authority over all pleas.

(2) A military judge shall be a commissioned officer of the state military forces who is a member of the Judge Advocate General Corps, a member of the bar of a federal court and a member of the bar of the Supreme Court of the State of Mississippi and who is certified to be qualified for duty as a military judge by the State Judge Advocate of the state military forces. Any military judge qualified pursuant to 10 USCS 826 may be considered a military judge herein upon determination of need by the Adjutant General of the State of Mississippi.

(3) The military judge of a general court-martial shall be designated by the State Judge Advocate, or his designee, for detail by the convening authority and, unless the court-martial was convened by the Governor or the Adjutant General, neither the convening authority nor any member of his staff shall prepare or review any report concerning the effectiveness, fitness or efficiency of the military judge so detailed, which relates to his performance of duty as a military judge.

(4) No person is eligible to act as military judge in a case if he is the accuser or a witness for the prosecution or has acted as investigating officer or a counsel in the same case.

(5) The military judge of a court-martial may not consult with the members of the court except in the presence of the trial counsel and defense counsel, nor may he vote with the members of the court in a panel case.

(6) A military judge detailed to preside over a court-martial hereunder shall not be subject to any report by the convening authority or any member of his staff concerning the effectiveness, fitness or efficiency of that military judge so detailed, which relates to his performance of duty as a military judge.

(7) All trial counsel, defense counsel, military judges, legal officers, summary court officers and any other person certified by the State Judge Advocate to perform legal functions under this code, shall be used interchangeably, as needed, among all of the state military forces.
Miss. Code Ann. § 33-7-9 — MS Code / Title 33 / Chapter 5 / Section 7-9
Miss. Code Ann. § 33-7-9
Status: in_force

For the purpose of coordinating and making more effective the field and similar classes of instruction and training in organizations of the National Guard jointly maintained by Mississippi and any other state or states during periods of field or similar training, as provided under the National Defense Act, the units and personnel of the Mississippi National Guard may, if authorized by the federal government, be placed under the supervision and command of higher organization commanders, who are now or may hereafter be appointed from other states, and whose appointments have the approval of this state, and the states concerned, and such officer is federally recognized. This requirement shall not be carried out unless and until the state or states jointly interested in a National Guard organization with Mississippi shall have enacted a similar law. The objects of this section may be carried out with the consent of the Governor, without regard to similar laws enacted by other states, with the advice and approval of the ranking officer of the Mississippi National Guard present at the place of training and instruction and in command of the Mississippi troops concerned. For the purpose of fixing the time limits of the periods mentioned in this section, the periods of training shall begin when units have cleared their armories or bases and are en route to training assembly areas and shall end when units have returned to their armories or bases from field training period. Mississippi troops shall not be required to yield authority and supervision of matters concerning transportation in or out of the camp or other military area, finance, and supply which concern Mississippi only in her relations with the federal government and for which the state is directly responsible to the federal government. The commanding officer appointed from another state, and such other officers of his command as he may designate, who are members of organizations in which Mississippi has joint interest in other states, and who are appointed and recognized in accordance with laws, rules and regulations prescribed by the federal government may, with the approval of the Governor, make tours of inspection and policy visits with the units of their organizations of the National Guard of Mississippi at their home stations or at other places, at such times as are mutually agreeable, it being understood that the state is not responsible or liable for any expenses incident to such visits.
Miss. Code Ann. § 33-13-257 — MS Code / Title 33 / Chapter 13 / Section 13-257
Miss. Code Ann. § 33-13-257
Status: in_force

When a person is held for trial by general court-martial, the commanding officer shall, within eight (8) days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the officer exercising general court-martial jurisdiction. If that is not practicable, he shall report in writing to that officer the reasons for delay.
Miss. Code Ann. § 33-15-213 — MS Code / Title 33 / Chapter 7 / Section 15-213
Miss. Code Ann. § 33-15-213
Status: in_force

(1) The time limitation for the Governor to request federal emergency or major disaster assistance shall be in accordance with current federal regulations.

(2) The time limitation for disaster applicants to request assistance and file applications under current federal regulations is sixty (60) days from the date of declaration of disaster by the President. The time limitation for applicants to request state rental assistance under the State Temporary Housing Program is thirty (30) days following the declaration of an emergency by the Governor.
Miss. Code Ann. § 33-13-9 — MS Code / Title 33 / Chapter 1 / Section 13-9
Miss. Code Ann. § 33-13-9
Status: in_force

(1) Each person separated from the state military forces who committed offenses while subject to this code, before such separation, and who later returned to the status of a person subject to this code, is subject to trial by court-martial for all offenses under this code committed before separation, including fraudulent discharge.

(2) No person who has deserted from state military forces may be relieved from amenability to the jurisdiction of this code by virtue of a separation from any later period of service.
Miss. Code Ann. § 33-13-613 — MS Code / Title 33 / Chapter 1 / Section 13-613
Miss. Code Ann. § 33-13-613
Status: in_force

(1) In the state military forces not in federal service, the processes and sentences of its courts-martial shall be executed by the civil officers prescribed by the laws of the state.

(2) When the sentence of a court-martial, as approved and ordered executed, adjudges confinement, and the convening authority has approved the same in whole or in part, the reviewing authority, or the commanding officer for the time being, as the case may be, shall issue a warrant of commitment to the sheriff of the county in which such court-martial was held, where the offense was committed, or of the county in which a confinement facility as designated by the Adjutant General is located, directing such sheriff to take the body of the person so sentenced and confine him in the county jail of such county for the period named in such sentence, as approved, or until he may be directed to release him by proper authority.
Miss. Code Ann. § 33-11-9 — MS Code / Title 33 / Chapter 4 / Section 11-9
Miss. Code Ann. § 33-11-9
Status: in_force

Whenever it shall become necessary or desirable to lease any lands to provide National Guard training facilities, the Adjutant General of Mississippi is hereby authorized and empowered to place in such leases any indemnity clauses that may be required to indemnify any owners of such lands for damages caused to such lands from training uses. Payment for any such damages shall only be made after written appraisal and estimate of such damages by representatives of the Mississippi state forestry commission. Such payment shall only be made from such funds as the Adjutant General may have available for such purposes or from such funds as may be appropriated by the legislature of the State of Mississippi for such purposes. If either the Adjutant General or the owner are dissatisfied with the amount of such damages as estimated by the state forestry commission representative, then the Adjutant General or such owner may appeal to the circuit court of the county in which the land is located within thirty (30) days from the receipt of such written appraisal and estimate for trial and determination, and either the owner or Adjutant General may appeal to the state supreme court from an adverse decision in the circuit court as provided by law.
Miss. Code Ann. § 33-15-219 — MS Code / Title 33 / Chapter 15 / Section 15-219
Miss. Code Ann. § 33-15-219
Status: in_force

Temporary housing shall be limited to minimum accommodations necessary for adequate housing for periods longer than that provided through the operation and use of community emergency shelters. Temporary housing accommodations may include, but not be limited to:

(a) Unoccupied, available housing of the United States when made available by the appropriate federal agency.

(b) Mobile homes, travel trailers or other readily fabricated dwellings provided by the appropriate federal agency.

(c) Rental properties when deemed by the appropriate federal agency to be the most economical means available.

(d) Rental properties and apartments or commercial lodging obtained with state temporary housing program grant proceeds.
Miss. Code Ann. § 33-13-627 — MS Code / Title 33 / Chapter 4 / Section 13-627
Miss. Code Ann. § 33-13-627
Status: in_force

This chapter may be cited as the “Mississippi Code of Military Justice.”
Miss. Code Ann. § 33-15-29 — MS Code / Title 33 / Chapter 1 / Section 15-29
Miss. Code Ann. § 33-15-29
Status: in_force

(a) In carrying out the provisions of this article, the Governor and the executive officers or governing bodies of the political subdivisions of the state are directed to utilize the services, equipment, supplies and facilities of existing departments, offices, and agencies of the state and of the political subdivisions thereof to the maximum extent practicable, and the officers and personnel of all such departments, offices, and agencies are directed to cooperate with and extend such services and facilities to the Governor and to the emergency management organizations of the state or such subdivisions upon request.

(b) State agencies in carrying out their assigned disaster or emergency assignments shall be reimbursed their expenses for emergency or disaster-related duties which may include the payment of overtime and the employment of temporary personnel by such agencies in the same manner as authorized in Sections 33-15-301 et seq. , 43-41-17 and 43-41-319 , and as provided by Section 43-41-701 .
Miss. Code Ann. § 33-7-107 — MS Code / Title 33 / Chapter 3 / Section 7-107
Miss. Code Ann. § 33-7-107
Status: in_force

Every person commissioned as an officer in the Mississippi National Guard shall, unless otherwise specifically provided by law, be examined as to his qualifications for office, and no person shall be appointed until he has passed a satisfactory examination as to his capacity, general qualifications and knowledge of military affairs proportionate to the requirements of the office to which he has been selected. The Commander in Chief may appoint examining boards to conduct such examinations, and when any candidate for commission shall fail to appear before a board, as directed, he shall be considered to have failed to qualify and the commission will not issue. The Commander in Chief may also convene examining boards to determine the fitness of officers for promotion and no officer will be promoted who has not passed a suitable examination as to his capacity, general qualifications and knowledge of military affairs proportionate to the requirements of the grade to which he is promoted. The Adjutant General shall prescribe in orders the subjects to be covered by, and the degree of proficiency to be required in each subject in examinations for commissions and promotions, for each grade, and the Governor shall make and cause to be published in orders, regulations governing the promotion of officers.
Miss. Code Ann. § 33-7-113 — MS Code / Title 33 / Chapter 5 / Section 7-113
Miss. Code Ann. § 33-7-113
Status: in_force

The Adjutant General shall publish annually a relative rank list of all officers in the Mississippi National Guard. Commissions or warrants of officers shall bear date of actual appointment by the Governor. Officers of each grade shall rank and take precedence according to the date of federal recognition of their respective commissions or warrants, and when two or more of the same grade are of the same date, their rank and precedence shall be determined by the length of service, continuous or otherwise, in the Mississippi National Guard or in the Armed Forces of the United States; and if for equal service, then by age, the older being the senior, provided, that an officer will not be credited with time spent on the state reserve or retired list in determining his lineal rank in the active list.
Miss. Code Ann. § 33-13-461 — MS Code / Title 33 / Chapter 3 / Section 13-461
Miss. Code Ann. § 33-13-461
Status: in_force

Any person subject to this code who conspires with any other person to commit an offense under this code, shall, if one or more of the conspirators does an act to effect the object of the conspiracy, be punished as a court-martial may direct.
Miss. Code Ann. § 33-13-601 — MS Code / Title 33 / Chapter 13 / Section 13-601
Miss. Code Ann. § 33-13-601
Status: in_force

(1) Courts of inquiry to investigate any matter may be convened by the Governor or by any other person designated by the Governor for that purpose, or any person authorized to convene a general court-martial by this code, whether or not the persons involved have requested such an inquiry.

(2) A court of inquiry consists of three (3) or more commissioned officers. For each court of inquiry the convening authority shall also appoint counsel for the court.

(3) Any person subject to this code whose conduct is subject to inquiry shall be designated as a party. Any person subject to this code or employed in the division of military affairs who has a direct interest in the subject of inquiry has the right to be designated as a party upon request to the court. Any person designated as a party shall be given due notice and has the right to be present, to be represented by counsel, to cross-examine witnesses and to introduce evidence.

(4) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court.

(5) The members, counsel, the reporter and interpreters of courts of inquiry shall take an oath or affirmation to faithfully perform their duties.

(6) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial.

(7) Courts of inquiry shall make findings of fact but may not express opinions or make recommendations unless required to do so by the convening authority.

(8) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel.
Miss. Code Ann. § 33-15-215 — MS Code / Title 33 / Chapter 5 / Section 15-215
Miss. Code Ann. § 33-15-215
Status: in_force

Whenever disaster conditions arise that affect the lives and safety of a substantial number of residents of the State of Mississippi and the governing authority of the political subdivision wherein said disaster conditions exist makes a request to the Governor for federal major disaster assistance, and the Governor requests, and the President of the United States declares an emergency or a major disaster to exist in this state, the Governor is authorized:

(a) To arrange with any agency of the United States to provide for temporary housing units to be occupied by disaster victims and to make such units available to any political subdivision of the state.

(b) To assist any political subdivision of this state which is the locus of temporary housing units for disaster victims by coordinating with any agency of the United States for such temporary housing to locate and prepare such sites to receive and utilize temporary housing units.

(c) Under such regulations as he shall prescribe, to temporarily suspend or modify for not to exceed sixty (60) days any public health, safety, zoning, transportation (within or across the state) or any other requirement of law or regulation within this state when, by proclamation, he deems such suspension or modification essential for any agency of the United States to provide temporary housing for disaster victims.
Miss. Code Ann. § 33-15-37 — MS Code / Title 33 / Chapter 3 / Section 15-37
Miss. Code Ann. § 33-15-37
Status: in_force

It shall be the duty of every organization for emergency management established pursuant to this article and of the officers thereof to execute and enforce such orders, rules and regulations as may be made by the Governor under authority of this article. Each such organization shall have available for inspection at its office all orders, rules and regulations made by the Governor, or under his authority.
Miss. Code Ann. § 33-5-51 — MS Code / Title 33 / Chapter 5 / Section 5-51
Miss. Code Ann. § 33-5-51
Status: in_force

The Governor is hereby authorized to organize, equip, train and maintain, in such strength and in such organized branches of the service as he may deem advisable, a military force similar to the National Guard and organized for the same purposes, to be known as the Mississippi State Guard, to be utilized in aid to or in lieu of the Mississippi National Guard upon its mobilization. The Governor may accept volunteers for the Mississippi State Guard in accordance with regulations promulgated by him and may use the provisions of Sections 33-5-1 through 33-5-17, Mississippi Code of 1972 , for the purpose of providing personnel for such Mississippi State Guard. No person under the age of sixteen (16) years shall be eligible for service in the Mississippi State Guard. No person shall by reason of membership therein be exempt from military service under any federal law. The Mississippi State Guard shall be governed by the same laws and regulations so far as applicable, and shall be entitled to the same privileges, immunities and allowances, as may be now or hereafter provided for the Mississippi National Guard. When requested by the Adjutant General, the Legislature may appropriate funds for the support and operation of the Mississippi State Guard. If authorized by the federal laws such state guard shall be organized, maintained and trained under the provisions of any laws of the United States now or hereafter enacted for the organization, training and maintenance of state forces other than those of the National Guard.
Miss. Code Ann. § 33-9-13 — MS Code / Title 33 / Chapter 9 / Section 9-13
Miss. Code Ann. § 33-9-13
Status: in_force

Each unit shall be entitled to such maintenance fund allowances as may be provided in the annual appropriations act as apportioned by the Adjutant General under such regulations as the Governor may prescribe.
Miss. Code Ann. § 33-11-3 — MS Code / Title 33 / Chapter 9 / Section 11-3
Miss. Code Ann. § 33-11-3
Status: in_force

The Adjutant General shall be the state custodian of training facilities. No training facility shall be used for any other than a strictly military purpose without the recommendation of the officer in charge thereof and approval of the Adjutant General.
Miss. Code Ann. § 33-13-21 — MS Code / Title 33 / Chapter 5 / Section 13-21
Miss. Code Ann. § 33-13-21
Status: in_force

(1) Arrest is the restraint of a person by an order, not imposed as a punishment for an offense, directing him to remain within specified limits. Confinement is the physical restraint of a person.

(2) An enlisted member may be ordered into arrest or confinement by any commissioned officer by an order, oral or written, delivered in person or through other persons subject to this code or through any person authorized by this code to apprehend persons. A commanding officer may authorize warrant officers, or noncommissioned officers to order enlisted members of his company or subject to his authority into arrest or confinement.

(3) A commissioned officer or warrant officer may be ordered into arrest or confinement only by a commanding officer to whose authority he is subject, by an order, oral or written, delivered in person or by another commissioned officer. The authority to order such persons into arrest or confinement may not be delegated.

(4) No person may be ordered into arrest or confinement except for probable cause.

(5) This section does not limit the authority of persons authorized to apprehend offenders to secure the custody of an alleged offender until a proper authority may be notified.
Miss. Code Ann. § 33-15-25 — MS Code / Title 33 / Chapter 15 / Section 15-25
Miss. Code Ann. § 33-15-25
Status: in_force

(a) The Governor of the State of Mississippi is authorized to enter into agreements with the federal government for the purpose of matching any federal funds that may be made available for emergency management purposes, which shall include purchasing emergency management equipment and supplies, to the state on a matching basis. Provided, that no agreement shall obligate the state for an amount greater than the appropriation available for such purpose. The state's portion of the purchase price of any emergency management equipment may be made available from any appropriation made for such purposes.

(b) Any county board of supervisors or municipal governing body may enter into agreement with the federal government with approval of the State Director of Emergency Management for matching funds which may be made available for emergency management purposes, which shall include purchasing emergency management equipment and supplies, by such county or municipality in conjunction with any federal matching program and funds may be expended from the general fund of such county or municipality or from such other funds as may be available to such county or municipality for emergency management purposes in order to provide the county or municipal portion of funds necessary to carry out such matching agreement.

(c) The agency may withhold from any county board of supervisors, municipality or not-for-profit entity a portion or all of a subgrant whenever the agency determines that the county, municipality or not-for-profit entity owes a refund on any past subgrant project that was not completed as required.
Miss. Code Ann. § 33-13-329 — MS Code / Title 33 / Chapter 4 / Section 13-329
Miss. Code Ann. § 33-13-329
Status: in_force

(1) Upon a showing of unavailability in any case not extending to the dismissal of a commissioned officer, the sworn testimony, contained in the duly authenticated record of proceedings of a court of inquiry, or of a person whose oral testimony cannot be obtained, may, if otherwise admissible under the rules of evidence, be read in evidence by any party before a court-martial if the accused was a party before the court of inquiry and if the same issue was involved or if the accused consent to the introduction of such evidence.

(2) Such testimony may be read in evidence only by the defense in cases extending to the dismissal of a commissioned officer.

(3) Such testimony may also be read in evidence before a court of inquiry or a military board.

(4) In all courts of inquiry both enlisted men and officers shall have the right to counsel and the right to cross-examination of all witnesses.
Miss. Code Ann. § 33-13-25 — MS Code / Title 33 / Chapter 9 / Section 13-25
Miss. Code Ann. § 33-13-25
Status: in_force

(1) No provost marshal, commander of a guard, master-at-arms, warden, keeper, or officer of a municipal or county jail or any other jail, designated under Section 33-13-23 , may refuse to receive or keep any prisoner committed to his charge, when the committing person furnishes a statement, signed by him, of the offense charged against the prisoner.

(2) Every commander of a guard, master-at-arms, warden, keeper or officer of a municipal or county jail or of any other jail, designated under Section 33-13-23 , to whose charge a prisoner is committed shall, within twenty-four (24) hours after that commitment or as soon as he is relieved from guard, report to the commanding officer of the prisoner or the Adjutant General the name of the prisoner, the offense charged against him, and the name of the person who ordered or authorized the commitment, and such report shall be entered on the jail docket.
Miss. Code Ann. § 33-7-309 — MS Code / Title 33 / Chapter 4 / Section 7-309
Miss. Code Ann. § 33-7-309
Status: in_force

(a) Before using military forces in the dispersion of any riot, tumult, mob, or other lawless or unlawful assembly, or combination mentioned in this chapter, it shall be the duty of the civil officer calling out such military force, or some other conservator of the peace, of if none be present, then of the officer in command of the troops, or some person by him deputed to command persons composing such riotous, tumultuous, or unlawful assemblage or mob, to disperse and retire peacefully to their respective abodes and businesses; but, in no case, shall it be necessary to use any set or particular form or words in ordering the dispersion of any riotous, tumultuous or unlawful assembly; nor shall any such command be necessary where the officer or person, in order to give it, would necessarily be put in imminent danger of loss of life, or great bodily harm, or where such unlawful assembly or riot is engaged in the commission or perpetration of any forcible and atrocious felony, or in assaulting or attacking any civil officer, or person lawfully called to aid in the preservation of the peace, or is otherwise engaged in actual violence to any person or property.

(b) Any person or persons, composing or taking part in any riot, tumult, mob or lawless combination or assembly, mentioned in this chapter, who, after being duly commanded to disperse as hereinbefore provided in this section, wilfully and intentionally fails to do so, is guilty of a felony, and must, on conviction, be imprisoned in the penitentiary for not less than one (1), nor more than two (2) years.

(c) Any person who unlawfully assaults or fires at, or throws any missile at, against, or upon any member or body of the militia or National Guard, or civil officer, or other person lawfully aiding them, when assembling or assembled for the purpose of performing any duty under the provision of this section, must, on conviction, be imprisoned in the penitentiary for not less than two (2) years, nor more than five (5) years.

(d) If any portion of the militia or National Guard, or person lawfully aiding them in the performance of any duty under the provisions of this section, are assaulted, attacked, or are in imminent danger thereof, the commanding officer of such militia or National Guard need not await any orders from any civil magistrate, but may at once proceed to quell such attack, and take all other needful steps for the safety of his command.

(e) Whenever any shot is fired, or missile thrown, at or upon any body of the National Guard or militia in the performance of any duty under the provisions of this section it shall forthwith be the duty of every person in the assemblage from which the shot is fired, or missile thrown, immediately to disperse or retire therefrom, without awaiting orders to do so. Any person knowing or having reason to believe that a shot has been fired, or missile thrown, from any assemblage of which such person forms a part, or where he is present, and failing, without lawful excuse to retire immediately from such assemblage, is guilty of a misdemeanor, and must on conviction be imprisoned in the county jail for not less than one (1) month, nor more than one (1) year, and any person so remaining in such assemblage after being duly commanded to disperse, is guilty of a felony, and must, on conviction, be imprisoned in the penitentiary for not less than one (1) year, nor more than two (2) years.

(f) Any commander of any military forces of the state engaged in dispersing any mob, or persons engaged in riot or tumult, may place any person or persons in the immediate vicinity of such mob or persons in protective custody and remove them to and hold them at any military installation within the state for a period not to exceed forty-eight (48) hours. However, all such persons shall at their request at the end of such forty-eight (48) hour period be returned to any city or town within the county from which removed.
Miss. Code Ann. § 33-13-627 — MS Code / Title 33 / Chapter 1 / Section 13-627
Miss. Code Ann. § 33-13-627
Status: in_force

This chapter may be cited as the “Mississippi Code of Military Justice.”
Miss. Code Ann. § 33-13-617 — MS Code / Title 33 / Chapter 13 / Section 13-617
Miss. Code Ann. § 33-13-617
Status: in_force

(1) All fines and costs imposed by general court-martial shall be paid to the officer ordering such court, and/or to the officer commanding for the time being, and by said officer, within five (5) days from the receipt thereof, paid to the Adjutant General, who shall disburse the same as he may see fit for military purposes.

(2) All fines and costs imposed by special or summary court-martial shall be paid to the officer ordering the court, or the officer commanding for the time being, and by such officer, within five (5) days from the receipt thereof, paid to the Adjutant General to be placed to the credit of the military unit fund of the unit of which the person fined was a member when the fine was imposed.

(3) When the sentence of a court-martial adjudges a fine and cost against any person, and such fine and cost has not been fully paid within ten (10) days after the confirmation thereof, the convening authority shall issue a warrant of commitment directed to the sheriff of the county in which the court-martial was held or where the offense was committed, directing him to take the body of the person so convicted and confine him in the county jail for one (1) day for any fine not exceeding One Dollar ($1.00) and one (1) additional day for every dollar above that sum.
Miss. Code Ann. § 33-15-303 — MS Code / Title 33 / Chapter 3 / Section 15-303
Miss. Code Ann. § 33-15-303
Status: in_force

It is the intent and declared to be the policy of the state that funds to meet emergencies or major disasters shall always be made available when needed.
Miss. Code Ann. § 33-11-5 — MS Code / Title 33 / Chapter 7 / Section 11-5
Miss. Code Ann. § 33-11-5
Status: in_force

The Adjutant General shall be responsible for the proper maintenance of training facilities and is authorized to expend funds appropriated for this purpose.
Miss. Code Ann. § 33-15-401 — MS Code / Title 33 / Chapter 5 / Section 15-401
Miss. Code Ann. § 33-15-401
Status: in_force

The Legislature finds and declares the following: When a major natural disaster such as Hurricane Katrina occurs in Mississippi, there are various types of assistance that are available to individuals and public entities through the federal and state governments to help them recover from the disaster. The majority of that assistance comes from the federal government, and most of the federal assistance is provided through the Federal Emergency Management Agency (FEMA). At the state level, most of the assistance is provided through the Mississippi Emergency Management Agency (MEMA). However, there are also programs in other federal and state agencies that provide assistance and benefits to disaster victims, as well as disaster assistance programs run by public and private entities and disaster-related in-kind donations made by private entities and individuals. Because these other disaster assistance programs and in-kind donations are spread out among a number of agencies and entities, disaster victims sometimes are not aware of the existence of these programs and in-kind donations other than those provided through FEMA and MEMA. After a disaster has occurred, it would be very beneficial for the victims of the disaster to have a single entity in the state, one point of contact, where individuals and public entities would be able to obtain information about those other disaster assistance programs and disaster-related in-kind donations, obtain all of the forms and materials necessary in order to receive the benefits of those programs and in-kind donations, and receive assistance in completing and filing the applications for those programs and in-kind donations.
Miss. Code Ann. § 33-13-257 — MS Code / Title 33 / Chapter 11 / Section 13-257
Miss. Code Ann. § 33-13-257
Status: in_force

When a person is held for trial by general court-martial, the commanding officer shall, within eight (8) days after the accused is ordered into arrest or confinement, if practicable, forward the charges, together with the investigation and allied papers, to the officer exercising general court-martial jurisdiction. If that is not practicable, he shall report in writing to that officer the reasons for delay.
Miss. Code Ann. § 33-13-519 — MS Code / Title 33 / Chapter 5 / Section 13-519
Miss. Code Ann. § 33-13-519
Status: in_force

Any person subject to this code who is found under the influence of intoxicating liquor or any controlled substance listed in the Uniform Controlled Substances Law while on duty or sleeping upon his post, or who leaves his post before he is regularly relieved, shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-13-251 — MS Code / Title 33 / Chapter 11 / Section 13-251
Miss. Code Ann. § 33-13-251
Status: in_force

(1) Charges and specifications shall be signed by a person subject to this code under oath before a commissioned officer of the state military forces authorized to administer oaths and shall state:

(a) That the signed has personal knowledge of, or has investigated the matters set forth therein; and

(b) That they are true in fact to the best of his knowledge and belief.

(2) Upon the preferring of charges, the proper authority shall take immediate steps to determine what disposition should be made thereof in the interest of justice and discipline, and the person accused shall be informed of the charges against him as soon as practicable.
Miss. Code Ann. § 33-15-219 — MS Code / Title 33 / Chapter 4 / Section 15-219
Miss. Code Ann. § 33-15-219
Status: in_force

Temporary housing shall be limited to minimum accommodations necessary for adequate housing for periods longer than that provided through the operation and use of community emergency shelters. Temporary housing accommodations may include, but not be limited to:

(a) Unoccupied, available housing of the United States when made available by the appropriate federal agency.

(b) Mobile homes, travel trailers or other readily fabricated dwellings provided by the appropriate federal agency.

(c) Rental properties when deemed by the appropriate federal agency to be the most economical means available.

(d) Rental properties and apartments or commercial lodging obtained with state temporary housing program grant proceeds.
Miss. Code Ann. § 33-13-467 — MS Code / Title 33 / Chapter 4 / Section 13-467
Miss. Code Ann. § 33-13-467
Status: in_force

Any person subject to this code who effects an enlistment or appointment in or a separation from the state military forces of any person who is known to him to be ineligible for that enlistment, appointment, or separation because it is prohibited by law, regulation, or order shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-13-477 — MS Code / Title 33 / Chapter 4 / Section 13-477
Miss. Code Ann. § 33-13-477
Status: in_force

Any person subject to this code who behaves with disrespect toward his superior commissioned officer shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-11-13 — MS Code / Title 33 / Chapter 7 / Section 11-13
Miss. Code Ann. § 33-11-13
Status: in_force

(1) The Camp Shelby committee, composed of the Adjutant General of the State of Mississippi, the United States property and disbursing officer for the State of Mississippi, and the senior National Guard officer from the infantry, artillery, engineers, medical corps, and quartermaster corps, with the advice and consent of the Governor of Mississippi, are hereby authorized to negotiate and enter into trades with private parties owning lands within, or within the vicinity of, the military reservation comprising the permanent National Guard camp site in Forrest and Perry Counties, Mississippi, known as Camp Shelby, which private lands, in the opinion of the committee, are needed for said permanent camp site and firing ranges, by exchanging therefor parcels of state lands belonging to said military reservation, which parcels, in the judgment of said committee, are not needed for or as vital to said camp site and firing ranges as the parcels owned by private persons to be acquired in exchange therefor.

(2) The committee shall make a finding that the lands to be so acquired are more vital and essential to the needs and betterment of said permanent camp site and firing ranges than parcels of state lands to be exchanged therefor, and such exchanges shall be approved by the Department of Defense. In no case shall the state lands so exchanged exceed in acreage the lands acquired in exchange therefor.

(3) The state lands to be so exchanged shall be conveyed by deeds executed by the Governor of Mississippi, attested by the secretary of state under the great seal of the State of Mississippi, and approved by all the members of the said Camp Shelby committee.

(4) The Attorney General of the State of Mississippi shall pass upon the title and the deeds to the lands to be acquired, and shall approve their legality before they are accepted by the State of Mississippi.
Miss. Code Ann. § 33-13-617 — MS Code / Title 33 / Chapter 11 / Section 13-617
Miss. Code Ann. § 33-13-617
Status: in_force

(1) All fines and costs imposed by general court-martial shall be paid to the officer ordering such court, and/or to the officer commanding for the time being, and by said officer, within five (5) days from the receipt thereof, paid to the Adjutant General, who shall disburse the same as he may see fit for military purposes.

(2) All fines and costs imposed by special or summary court-martial shall be paid to the officer ordering the court, or the officer commanding for the time being, and by such officer, within five (5) days from the receipt thereof, paid to the Adjutant General to be placed to the credit of the military unit fund of the unit of which the person fined was a member when the fine was imposed.

(3) When the sentence of a court-martial adjudges a fine and cost against any person, and such fine and cost has not been fully paid within ten (10) days after the confirmation thereof, the convening authority shall issue a warrant of commitment directed to the sheriff of the county in which the court-martial was held or where the offense was committed, directing him to take the body of the person so convicted and confine him in the county jail for one (1) day for any fine not exceeding One Dollar ($1.00) and one (1) additional day for every dollar above that sum.
Miss. Code Ann. § 33-15-219 — MS Code / Title 33 / Chapter 11 / Section 15-219
Miss. Code Ann. § 33-15-219
Status: in_force

Temporary housing shall be limited to minimum accommodations necessary for adequate housing for periods longer than that provided through the operation and use of community emergency shelters. Temporary housing accommodations may include, but not be limited to:

(a) Unoccupied, available housing of the United States when made available by the appropriate federal agency.

(b) Mobile homes, travel trailers or other readily fabricated dwellings provided by the appropriate federal agency.

(c) Rental properties when deemed by the appropriate federal agency to be the most economical means available.

(d) Rental properties and apartments or commercial lodging obtained with state temporary housing program grant proceeds.
Miss. Code Ann. § 33-13-351 — MS Code / Title 33 / Chapter 11 / Section 13-351
Miss. Code Ann. § 33-13-351
Status: in_force

Punishment by flogging, or by branding, marking or tatooing on the body, or any other cruel or unusual punishment, may not be adjudged by any court-martial or inflicted upon any person subject to this code. The use of irons, single or double, except for the purpose of safe custody, is prohibited.
Miss. Code Ann. § 33-15-7 — MS Code / Title 33 / Chapter 9 / Section 15-7
Miss. Code Ann. § 33-15-7
Status: in_force

(a) There is hereby created within the executive branch of the state government a department called the Mississippi Emergency Management Agency with a director of emergency management who shall be appointed by the Governor; he shall hold office during the pleasure of the Governor and shall be compensated as determined by any appropriation that may be made by the Legislature for such purposes.

(b) The director, with the approval of the Governor, may employ such technical, clerical, stenographic and other personnel, to be compensated as provided in any appropriation that may be made for such purpose, and may make such expenditures within the appropriation therefor, or from other funds made available to him for purposes of emergency management, as may be necessary to carry out the purposes of this article.

(c) The director and other personnel of the emergency management agency shall be provided with appropriate office space, furniture, equipment, supplies, stationery and printing in the same manner as provided for other state agencies.

(d) The director, subject to the direction and control of the Governor, shall be the executive head of the emergency management agency and shall be responsible to the Governor for carrying out the program for emergency management of this state. He shall coordinate the activities of all organizations for emergency management within the state, and shall maintain liaison with and cooperate with emergency management agencies and organizations of other states and of the federal government, and shall have such additional authority, duties, and responsibilities authorized by this article as may be prescribed by the Governor.
Miss. Code Ann. § 33-15-223 — MS Code / Title 33 / Chapter 3 / Section 15-223
Miss. Code Ann. § 33-15-223
Status: in_force

(1) The period of eligibility for any individual, family or household applicant receiving assistance under the State Temporary Housing Program shall be from one (1) to three (3) months determined on the basis of need. Each temporary housing applicant shall endeavor to place himself in adequate alternate housing at the earliest possible time during the period assistance is being provided.

(2) Each occupant's eligibility for continued assistance shall be recertified every thirty (30) days. Thereafter, provided no adequate alternate housing exists, assistance shall be continued for another thirty-day period, not to exceed ninety (90) days. All rental assistance is based on the fair market value of rental rates in the applicant's particular area according to the rate schedule published by the U.S. Department of Housing and Urban Development.
Miss. Code Ann. § 33-13-507 — MS Code / Title 33 / Chapter 4 / Section 13-507
Miss. Code Ann. § 33-13-507
Status: in_force

Any person subject to this code who:

(1) aids, or attempts to aid, the enemy with arms, ammunition, supplies, money, or other things; or

(2) without proper authority, knowingly harbors or protects or gives intelligence to, or communicates or corresponds with or holds any intercourse with the enemy, either directly or indirectly; shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-1-35 — MS Code / Title 33 / Chapter 1 / Section 1-35
Miss. Code Ann. § 33-1-35
Status: in_force

Nothing contained in this chapter, and in chapters 3, 5, 7, 9 and 11 of this title, shall be construed to affect the appointment, enlistment, tenure in office, period of enlistment, rights, privileges, immunities, compensation, emoluments, or other rights of the Adjutant General, commissioned officers, warrant officers, or enlisted men of the Army and Air National Guard of this state.
Miss. Code Ann. § 33-15-209 — MS Code / Title 33 / Chapter 9 / Section 15-209
Miss. Code Ann. § 33-15-209
Status: in_force

(1) The director shall develop a plan for the administration and implementation of the Individuals and Households Program and Other Needs Assistance pursuant to subsections 408(e) and (f) of the Act to be included in the Mississippi Emergency Operations Plan (MEOP), and it shall include, but not be limited to:

(a) Individuals, families or households who incur a necessary expense or serious need in the major disaster area may be eligible for assistance under this article without regard to their residency in the major disaster area or within the state.

(b) Individuals, families or households otherwise eligible for assistance under this article must obtain flood insurance as required by flood insurance regulations.

(2) Assistance under this article may be made available to meet necessary expense or serious needs by providing essential items or services that cannot be provided from other sources and except those covered by insurance as provided in current federal regulations.

(3) Under this article grants will not be made available for any item or service in the following categories:

(a) Business losses, including farm businesses.

(b) Improvement or additions to real or personal property.

(c) Landscaping.

(d) Real or person property used exclusively for recreations.

(e) Financial obligations incurred prior to the disaster.

(f) Any necessary expense or serious need or portion thereof for which assistance is available from other means but is refused by the individual, family or household.

(g) Should a case arise where it is determined that an individual, family or household has an expense or need not specifically identified as eligible; the state will provide a factual summary and forward it to the regional director, FEMA, for determination prior to making a state commitment.

(4) The director shall also develop a plan for administration and implementation of the Mississippi Temporary Housing Program (THP) to be included in the MEOP, and it shall include, but not be limited to:

(a) Establishing emergency conditions that warrant program activation.

(b) Developing application procedures and applicant eligibility criteria.

(c) Verifying applicant certification process.

(d) Establishing grant award limits based on fair market rent rates as identified and published by the U.S. Department of Housing and Urban Development.

(e) Maintaining program progress and financial reporting and budget requirements.
Miss. Code Ann. § 33-15-3 — MS Code / Title 33 / Chapter 4 / Section 15-3
Miss. Code Ann. § 33-15-3
Status: in_force

(a) Because of the existing and increasing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from enemy attack, sabotage or other hostile action, and from natural, man-made or technological disasters, and in order to insure that preparations of this state will be adequate to deal with, reduce vulnerability to, and recover from such disasters or emergencies, and generally to provide for the common defense and to protect the public peace, health and safety, and to preserve the lives and property of the people of this state, it is hereby found and declared necessary: (1) To create a state emergency management agency, and to authorize the creation of local organizations for emergency management in the municipalities and counties of the state, and to authorize cooperation with the federal government and the governments of other states; (2) to confer upon the Governor, the agency and upon the executive heads or governing bodies of the municipalities and counties of the state the emergency powers provided herein; (3) to provide for the rendering of mutual aid among the municipalities and counties of the state, and with other states, and with the federal government with respect to the carrying out of emergency management functions and responsibilities; (4) to authorize the establishment of such organizations and the development and employment of such measures as are necessary and appropriate to carry out the provisions of this article; and (5) to provide the means to assist in the prevention or mitigation of emergencies which may be caused or aggravated by inadequate planning for, and regulation of, public and private facilities and land use.

(b) It is further declared to be the purpose of this article and the policy of the state that all emergency management functions of this state be coordinated, to the maximum extent, with the comparable functions of the federal government, including its various departments and agencies, of other states and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of the nation's manpower, resources, and facilities for dealing with any disaster or emergency, or both, that may occur as enumerated in this section.
Miss. Code Ann. § 33-7-11 — MS Code / Title 33 / Chapter 5 / Section 7-11
Miss. Code Ann. § 33-7-11
Status: in_force

Those who are appointed, commissioned, warranted, or enlisted or drafted in the active militia or state military forces shall take and subscribe an oath as prescribed in appropriate laws and regulations governing the Armed Forces of the United States and the military forces of the State of Mississippi.
Miss. Code Ann. § 33-13-313 — MS Code / Title 33 / Chapter 13 / Section 13-313
Miss. Code Ann. § 33-13-313
Status: in_force

Before performing their respective duties, military judges, members of general and special courts-martial, trial counsel, assistant trial counsel, defense counsel, assistant defense counsel, reporters and interpreters shall take an oath to perform their duties faithfully. The oath or affirmation shall be taken, and shall read as follows:

(a) Court members:

“You, __________, do swear (or affirm) that you will faithfully perform all the duties incumbent upon you as a member of this court; that you will faithfully and impartially try, according to the evidence, your conscience, and the laws and regulations provided for trials by court-martial, the case of (the) (each) accused now before this court; and that you will not disclose or discover the vote or opinion of any particular member of the court upon a challenge or upon the findings or sentence unless required to do so before a court of justice in due course of law. So help you God.”

(b) Military judge:

“You, __________, do swear (or affirm) that you will faithfully and impartially perform, according to your conscience and the laws and regulations provided for trials by court-martial, all the duties incumbent upon you as military judge of this court. So help you God.”

(c) Trial counsel and assistant trial counsel:

“You, __________ (and) __________, do swear (or affirm) that you will faithfully perform the duties of trial counsel. So help you God.”

(d) Defense counsel and assistant defense counsel:

“You, __________ (and) __________, do swear (or affirm) that you will faithfully perform the duties of defense (and individual) counsel. So help you God.”

(e) Court of inquiry:

The recorder of a court of inquiry shall administer to the members the following oath: “You shall well and truly examine and inquire, according to the evidence, into the matter now before you without partiality, favor, affection, prejudice or hope of reward. So help you God.” After which the president of the court shall administer to the recorder the following oath: “You do swear (or affirm) that you will according to the best of your abilities, accurately and impartially record the proceedings of the court and the evidence to be given in the case in hearing. So help you God.”

(f) Witnesses:

All persons who give evidence before a court-martial or court of inquiry shall be examined on oath, administered by the presiding officer, in the following form: “You swear (or affirm) that the evidence you shall give in the case now in hearing shall be the truth, the whole truth, and nothing but the truth. So help you God.”

(g) Reporter or interpreter:

“You swear (or affirm) that you will faithfully perform the duties of reporter (or interpreter) to this court. So help you God.”
Miss. Code Ann. § 33-15-553 — MS Code / Title 33 / Chapter 15 / Section 15-553
Miss. Code Ann. § 33-15-553
Status: in_force

It is the intent of the Mississippi Legislature that counties and municipalities be authorized to participate in regional pre-need contracts, negotiated in advance by the state after a public bidding process, for disaster-related solid waste collection, disposal, and monitoring, such that the citizens of those counties and municipalities will be quickly and adequately served while recovering from the disaster.
Miss. Code Ann. § 33-15-202 — MS Code / Title 33 / Chapter 11 / Section 15-202
Miss. Code Ann. § 33-15-202
Status: in_force

It is the intent of the Legislature and declared to be the policy of the state that funds to meet emergencies or major disasters shall always be made available.
Miss. Code Ann. § 33-13-469 — MS Code / Title 33 / Chapter 4 / Section 13-469
Miss. Code Ann. § 33-13-469
Status: in_force

(1) Any member of the state military forces who:

(a) Without authority goes or remains absent from his unit, organization or place of duty with intent to remain away therefrom permanently; or

(b) Quits his unit, organization or place of duty with intent to avoid hazardous duty or to shirk important service; or

(c) Without being regularly separated from one of the state military forces enlists or accepts an appointment in the same or another one of the state military forces, or in one of the Armed Forces of the United States or in any foreign armed service without fully disclosing the fact that he has not been regularly separated; is guilty of desertion.

(2) Any commissioned officer of the state military forces who, after tender of his resignation and before notice of its acceptance, quits his post or proper duties without leave and with intent to remain away therefrom permanently is guilty of desertion.

(3) Any person found guilty of desertion or attempt to desert shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-11-18 — MS Code / Title 33 / Chapter 1 / Section 11-18
Miss. Code Ann. § 33-11-18
Status: in_force

(1) In order to conserve and promote timber development at Camp Shelby, Mississippi, the state forestry commission is directed to lend its services, advice and recommendations to the Adjutant General of Mississippi in developing a sound timber management program on state-owned lands in said military reservation.

(2) The Adjutant General is authorized and empowered to sell such trees, timber, stumps, naval stores faces or other forest products on state-owned lands in the military reservation at Camp Shelby, Mississippi, as shall be recommended by the state forestry commission and to secure the services of the state forestry commission in the reforestation and use of planting, cutting and practices recommended by the state forestry commission. The Adjutant General, however, is empowered to cut timber to provide clearing for military purposes and for rights-of-way without recommendation of the state forestry commission, and is authorized to sell such timber at the prevailing scale without advertising for bids, when the value thereof is estimated at less than One Thousand Five Hundred Dollars ($1,500.00) by the state forestry commission. Based on the recommendation and value estimate of the state forestry commission, the Adjutant General is authorized to sell at the prevailing price, without advertising for bids, timber which has been damaged by storm, fire, insect, disease or otherwise. Based on recommendations by the state forestry commission, as provided by the timber management program, the Adjutant General may dispose of non-marketable timber that is diseased or has been deadened by the state forestry commission, authorizing non-commercial public cutting when considered in the best interest of the state. Provided, however, that before any other sale of timber may be made as herein authorized, the Adjutant General shall advertise for bids on said timber in a newspaper of general circulation in the State of Mississippi at least once each week for three (3) consecutive weeks prior to the date upon which bids are to be received.

The Adjutant General is hereby authorized to pay all of the funds derived from any timber and other forest product sales on state-owned lands in said reservation into a special fund in the state treasury, which shall be a revolving fund, to be used for the maintenance, development and improvement of said military reservation at Camp Shelby, Mississippi, and out of which the Adjutant General may pay the state forestry commission the cost incurred by the state forestry commission in selecting and cutting trees, tree planting, elimination of undesirable trees and shrubs, construction of fire lanes, control of insect and disease outbreaks, and other desirable aspects of forest management practices on this military reservation for the benefit of this military reservation.

The Adjutant General of Mississippi, with concurrence of the commission of budget and accounting, may pay from available Camp Shelby timber funds, restitution for timber and/or minerals cut and/or removed without permission, by employees or authorized agents of the state military department, from private property whose sales, use or damage shall have enriched and/or benefited the state military department.

The funds derived from any timber and other forest product sales as herein provided shall be paid by the state treasurer upon warrants issued by the state auditor of public accounts and the said auditor shall issue his warrant upon requisitions signed by the proper person, officer or officers in the manner provided by law for funds appropriated for support of the Mississippi National Guard.

The Adjutant General shall make an annual report to the legislature on receipts and disbursements in connection with all funds derived from minerals, timber and other forest product sales on state-owned lands at the Camp Shelby military reservation.
Miss. Code Ann. § 33-7-119 — MS Code / Title 33 / Chapter 4 / Section 7-119
Miss. Code Ann. § 33-7-119
Status: in_force

(1) There shall be a retired list of officers and enlisted men who have served with honor or distinction on the active list of the Mississippi National Guard, and all officers and enlisted men placed on the retired list shall remain thereon unless returned to the active list by the Governor or dismissed by a sentence of a court-martial. No officer or man on the retired list shall be required to perform any military duty whatsoever, but the Governor may, with their consent, detail officers and men on the retired list for recruiting duty, for duty on courts-martial, or for such other duty as they may be qualified. Officers and men on the retired list will be entitled to wear uniforms of their grade, and they shall be amenable to military laws and regulations and may be tried by courts-martial for military offenses as if on the active list.

(2) Federally recognized officers and enlisted men of the National Guard of Mississippi shall be retired by order of the Commander in Chief with a promotion of one (1) grade, effective the date of retirement by action of the Adjutant General, upon receipt of the recommendation of the commanding officer of such retiring officer or enlisted man and upon completion of twenty (20) or more years of honorable service in the National Guard of Mississippi, the Armed Forces of the United States, or reserve components thereof, provided that any such officer or enlisted man shall be retired in the highest grade held, without promotion, unless the last sixty (60) months of such service was in a federally recognized status in the Mississippi National Guard or on active duty with the Armed Forces of the United States. Any warrant officer holding the grade of highest chief warrant officer shall, upon retirement, be retired in that grade. Any enlisted man holding the highest authorized enlisted grade shall, upon retirement, be retired in that grade.

(3) Whenever any federally recognized officer or enlisted man is unable to maintain federal recognition, he shall be placed on the retired list.

(4) When any officer or enlisted man becomes permanently disabled or is physically disqualified for the performance of military duty by reason of wounds, injuries or illness, he may, upon his own application or in the discretion of the Commander in Chief, be ordered before a retiring board for examination as to his physical fitness for military service and, upon the recommendation of such board, may be placed upon the retired list. However, no officer or enlisted man shall be so placed upon the retired list because of physical disabilities which are the result of intemperance or improper habits or conduct upon his part.

For the purposes indicated under the preceding paragraph of this subsection (4), the Commander in Chief may appoint retiring boards, which shall be constituted and have cognizance of the same subjects and possess like powers as similar boards organized under the laws of the Armed Forces of the United States. The proceedings of retiring boards shall be assimilated to the forms and mode of procedure prescribed for like boards under the regulations for the Armed Forces of the United States.

(5) A place on the retired list being a distinction given only in recognition of long and meritorious service, no officer or enlisted man will ever be retired whose service has not been honest and faithful. No officer or soldier will be retired as a means of punishment.

(6) An officer upon the retired list who accepts a commission or warrant in the active militia or in the organized reserves of any component of the Armed Forces of the United States may, at any time, upon his own application, be placed upon the retired list with the rank with which he formerly retired. However, if his latest service in the active militia or in the organized reserves of any component of the Armed Forces of the United States was in a grade higher than that with which he was originally retired, he may be given such higher grade. An officer who has been retired with the increased rank under this article will not be returned to the active list with his increased rank, but with the same rank held on the active list at the time of retirement.
Miss. Code Ann. § 33-15-23 — MS Code / Title 33 / Chapter 3 / Section 15-23
Miss. Code Ann. § 33-15-23
Status: in_force

For the purpose of paying any expenses of its local emergency management organization, or for paying any expenses of the emergency management program, any board of supervisors of a county or any governing body of a municipality is authorized to expend any available funds from the general fund of such county or municipality.