Miss. Code Ann. § 33-13-337 — MS Code / Title 33 / Chapter 11 / Section 13-337
Miss. Code Ann. § 33-13-337
Status: in_force

(1) Each general court-martial shall keep a separate record of the proceedings of the trial of each case brought before it and the record shall be authenticated by the signature of the military judge. If the record cannot be authenticated by the military judge by reason of his death, disability, or absence, it shall be authenticated by the signature of the trial counsel or by that of a member if the trial counsel is unable to authenticate it by reason of his death, disability, or absence. In a court-martial consisting of only a military judge, the record shall be authenticated by the court reporter under the same conditions that would impose such a duty on a member under this subsection. If the proceedings have resulted in an acquittal of all charges and specifications or, if not affecting a general or flag officer, in a sentence not including discharge and not in excess of that which may otherwise be adjudged by a special court-martial, the record shall contain such matters as may be prescribed by regulations of the Governor.

(2) Each special and summary court-martial shall keep a separate record of the proceedings in each case, and the record shall contain the matter and shall be authenticated in the manner required by such regulations as the Governor may prescribe.

(3) A copy of the record of the proceedings of each general and special court-martial shall be given to the accused as soon as it is authenticated.
Miss. Code Ann. § 33-15-311 — MS Code / Title 33 / Chapter 3 / Section 15-311
Miss. Code Ann. § 33-15-311
Status: in_force

(1) The director shall make allocations from the trust fund in such amounts as he determines to be necessary to state agencies for out-of-pocket expenditures incurred for emergency response, preliminary damage assessments, estimates, reports and training of state agency personnel. Allocations also may be made from the trust fund for the purpose of preparing project worksheets, estimates and reports as may be necessary to enable state or local agencies to obtain federal aid for disaster assistance purposes. The director may make allocations to any state agency or office from the trust fund or other funds available therefor in such amounts as are necessary to administer the provisions of this article.

(2) State agencies that are to receive allocations from the trust fund for carrying out the purposes of this article shall request the Department of Finance and Administration for escalations of their budgets as necessary for the expenditure of the allocated funds, in the same manner as the department escalates budgets for federal funds under Section 27-104-21(1) .
Miss. Code Ann. § 33-13-609 — MS Code / Title 33 / Chapter 5 / Section 13-609
Miss. Code Ann. § 33-13-609
Status: in_force

No accused may bring an action or proceeding seeking damages against the convening authority, a member of a military court or board convened under this code, any military counsel taking part in such court or board action or appeal, or, any person acting under this code's authority or reviewing its proceedings because of the approval, imposition or execution of any sentence or the imposition or collection of a fine or penalty, or the execution of any process or mandate of a military court or board convened under this code.
Miss. Code Ann. § 33-15-33 — MS Code / Title 33 / Chapter 15 / Section 15-33
Miss. Code Ann. § 33-15-33
Status: in_force

No individual employed by or for an organization for emergency management established under the authority of this article shall, while acting under authority of his position or representing himself in his official capacity, participate in any form of political activity, and no such organization shall be employed directly or indirectly for political purposes.
Miss. Code Ann. § 33-7-109 — MS Code / Title 33 / Chapter 3 / Section 7-109
Miss. Code Ann. § 33-7-109
Status: in_force

Officers of all grades will be assigned to units or arms of the service and will be transferred from one unit or arm of the service to another by order of the commander in chief as the interest of the service may require; and all appointments will be by commission or warrant in the Mississippi National Guard, and not in any particular unit, and all commissions and warrants now in effect will be considered as such.
Miss. Code Ann. § 33-15-403 — MS Code / Title 33 / Chapter 7 / 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. § 33-9-1 — MS Code / Title 33 / Chapter 4 / 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. § 33-9-3 — MS Code / Title 33 / Chapter 1 / Section 9-3
Miss. Code Ann. § 33-9-3
Status: in_force

The Governor shall appoint, designate or detail, on the recommendation of the Adjutant General, subject to the approval of the Secretary of the Army and the Secretary of the Air Force, a federally recognized field grade officer of the Mississippi National Guard who shall be designated as the United States property and fiscal officer for the state. Before entering upon the performance of his duties as property and fiscal officer he shall be required to give good and sufficient bond to the United States, as required by federal statutes, for the faithful performance of his duties and for the safekeeping and proper disposition of the federal funds and property entrusted to his care.
Miss. Code Ann. § 33-11-3 — MS Code / Title 33 / Chapter 11 / 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. § 33-11-3 — MS Code / Title 33 / Chapter 5 / 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. § 33-9-5 — MS Code / Title 33 / Chapter 1 / Section 9-5
Miss. Code Ann. § 33-9-5
Status: in_force

The United States property and fiscal officer for the state shall receipt and account for all funds and property belonging to the United States in possession of the National Guard and shall make returns and reports concerning such funds and property as may be required by the Secretary of the Army and the Secretary of the Air Force. He shall render, through the National Guard Bureau, such accounts of federal funds entrusted to him for disbursement as may be required by the Secretary of the Army and the Secretary of the Air Force. The secretary concerned may cause an inspection of the accounts and records of the property and fiscal officer to be made by an inspector general of his department at least once a year. The United States property and fiscal officer shall function under the direction of the Adjutant General.
Miss. Code Ann. § 33-15-51 — MS Code / Title 33 / Chapter 15 / Section 15-51
Miss. Code Ann. § 33-15-51
Status: in_force

The Grand Gulf Disaster Assistance Trust Fund is hereby created as a special fund in the State Treasury to be administered by the Mississippi Emergency Management Agency. Monies paid into the fund shall be derived from Sections 27-35-309(3)(b)(i) and (ii) and 27-35-309(3)(d) . All monies deposited therein shall be available for expenditure, transfer and allocation by the Mississippi Emergency Management Agency for state and local preparedness activities directly related to the Grand Gulf Nuclear Generating Plant, with at least fifty percent (50%) of the monies in the fund earmarked for use in conducting such activities in the geographic area falling within a thirty-mile radius of the plant.
Miss. Code Ann. § 33-9-23 — MS Code / Title 33 / Chapter 7 / Section 9-23
Miss. Code Ann. § 33-9-23
Status: in_force

All military property of the state which after proper inspection shall be found unsuitable for use of the state shall, notwithstanding any law to the contrary, be disposed of in such a manner as the Adjutant General shall direct and the proceeds thereof paid into the Military Fund of the state.
Miss. Code Ann. § 33-13-333 — MS Code / Title 33 / Chapter 5 / Section 13-333
Miss. Code Ann. § 33-13-333
Status: in_force

(1) No person may be convicted of an offense, except by the concurrence of two-thirds ( 2 / 3 ) of the members present at the time the vote is taken.

(2) All sentences shall be determined by the concurrence of two-thirds ( 2 / 3 ) of the members present at the time the vote is taken.

(3) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. A tie vote on a challenge disqualifies the member challenged, but a determination to reconsider a sentence with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
Miss. Code Ann. § 33-15-207 — MS Code / Title 33 / Chapter 5 / 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. § 33-15-313 — MS Code / Title 33 / Chapter 7 / 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. § 33-13-353 — MS Code / Title 33 / Chapter 4 / Section 13-353
Miss. Code Ann. § 33-13-353
Status: in_force

The punishment which a court-martial may direct for an offense may not exceed the limits prescribed by this code or by federal law.
Miss. Code Ann. § 33-13-505 — MS Code / Title 33 / Chapter 11 / Section 13-505
Miss. Code Ann. § 33-13-505
Status: in_force

(1) All persons subject to this code shall secure all public property taken from the enemy for the service of the State of Mississippi or the United States, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody or control.

(2) Any person subject to this code who:

(a) Fails to carry out the duties prescribed in subsection (1);

(b) Buys, sells, trades or in any way deals in or disposes of captured or abandoned property, whereby he receives or expects any profit, benefit or advantage to himself or another directly or indirectly connected with himself; or

(c) Engages in looting or pillaging; shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-13-605 — MS Code / Title 33 / Chapter 13 / Section 13-605
Miss. Code Ann. § 33-13-605
Status: in_force

(1) Any member of the state military forces who believes himself wronged by his commanding officer and who, upon due application to that commanding officer, is refused redress, may complain to any superior commissioned officer, who shall examine into the complaint and take proper measures for redressing the wrong complained of; and he shall, as soon as possible, send the Adjutant General a true statement of that complaint with the proceedings had thereon.

(2) When an action or proceeding of any nature shall be commenced in any court, other than a military court, by any person against any member of the state military forces for any act done, or cause, ordered or directed to be done in the line of duty, as determined by a finding of fact made by a court of inquiry under Section 33-13-601 , while such member was on active state duty, all expenses of representation in such action or proceeding, including fees of witnesses, depositions, court costs and all costs for transcripts of records or other documents that might be needed during trial or appeal shall be paid as provided in this code. When any action or proceeding of any type is brought, as described in this subsection, the Adjutant General, upon the written request of the member involved, shall designate the state judge advocate, a judge advocate or a legal officer of the state military forces to represent such member. Judge advocates or legal officers performing duty under this subsection will be called to state active duty by order of the Governor. If the military legal services, noted above, are not available, then the Adjutant General, after consultation with the state judge advocate and member involved, shall contract with a competent private attorney to conduct such representation.
Miss. Code Ann. § 33-13-259 — MS Code / Title 33 / Chapter 11 / 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. § 33-15-53 — MS Code / Title 33 / Chapter 1 / Section 15-53
Miss. Code Ann. § 33-15-53
Status: in_force

The head of each state department, agency or commission shall select from within such agency a person to be designated as the emergency coordination officer for the agency and an alternate. The emergency coordination officer is responsible for coordinating with the Mississippi Emergency Management Agency on emergency preparedness issues, preparing and maintaining emergency preparedness and postdisaster response and recovery plans for such agency, maintaining rosters of personnel to assist in disaster operations and coordinating appropriate training for agency personnel. These individuals shall be responsible for ensuring that each state facility, such as a prison, office building or university, has a disaster preparedness plan that is approved by the applicable local emergency management agency or the division. The head of each agency shall notify the Governor and the Mississippi Emergency Management Agency in writing of the person initially designated as the emergency coordination officer for such agency and his alternate and of any changes in persons so designated thereafter.
Miss. Code Ann. § 33-11-11 — MS Code / Title 33 / Chapter 3 / Section 11-11
Miss. Code Ann. § 33-11-11
Status: in_force

All tracts of lands belonging to private parties which touch upon and are adjacent to or located within the area of the present military reservation comprising the permanent National Guard camp site and firing ranges in Forrest and Perry Counties, Mississippi, known as Camp Shelby, which have been or may hereafter be forfeited to the State of Mississippi for nonpayment of taxes and are owned by the state shall be held and retained by the State of Mississippi as additions to and as a part of said Camp Shelby military reservation. No tax patents shall be issued therefor to private parties unless the Camp Shelby committee, composed of the Adjutant General of the State of Mississippi, the United States property and disbursing officer of the State of Mississippi, and the senior National Guard officer from the infantry, artillery, engineers, medical corps, and quartermaster corps, shall first certify in writing to the land commissioner of the State of Mississippi that such forfeited tax lands are not needed for said military reservation or an expansion thereof, which certificate shall be made in duplicate, the original thereof to be attached to the application for any such patents and the copy attached to and be made a part of any patent issued therefor. No forfeited tax lands shall be withheld from sale or patent by the state for a period longer than six (6) months from the date of maturity of title thereof in the State of Mississippi unless the Governor shall, by proclamation prior to the expiration of such six (6) months period, set aside and dedicate such lands as part of the Camp Shelby military reservation.
Miss. Code Ann. § 33-13-509 — MS Code / Title 33 / Chapter 13 / Section 13-509
Miss. Code Ann. § 33-13-509
Status: in_force

Any person subject to this code who, while in the hands of the enemy in time of war:

(1) for the purpose of securing favorable treatment by his captors acts without proper authority in a manner contrary to law, custom, or regulation, to the detriment of others of whatever nationality held by the enemy as civilian or military prisoners; or

(2) while in a position of authority over such persons maltreats them without justifiable cause; shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-13-27 — MS Code / Title 33 / Chapter 3 / 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. § 33-13-405 — MS Code / Title 33 / Chapter 3 / Section 13-405
Miss. Code Ann. § 33-13-405
Status: in_force

The convening authority shall refer the record of each general court-martial to his judge advocate who shall submit his written opinion thereon to the convening authority. If the final action of the court has resulted in an acquittal of all charges and specifications, the opinion shall be limited to questions of jurisdiction.
Miss. Code Ann. § 33-7-23 — MS Code / Title 33 / Chapter 3 / Section 7-23
Miss. Code Ann. § 33-7-23
Status: in_force

The Adjutant General may order any officer or enlisted man of the Mississippi National Guard to make inspections, or perform any other military activity connected with the administration of the Mississippi National Guard. When any such officer or enlisted man shall be called upon to perform such inspection or military activity he shall receive such pay as is provided for active state duty and mileage and other allowances as provided in Section 25-3-41 of the Mississippi Code of 1972 .
Miss. Code Ann. § 33-15-221 — MS Code / Title 33 / Chapter 1 / 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. § 33-15-14 — MS Code / Title 33 / Chapter 4 / Section 15-14
Miss. Code Ann. § 33-15-14
Status: in_force

(1) The agency is responsible for maintaining a comprehensive statewide program of emergency management. The agency is responsible for coordination with efforts of the federal government with other departments and agencies of state government, with county and municipal governments and school boards and with private agencies that have a role in emergency management.

(2) In performing its duties under this article, the agency shall:

(a) Work with the Governor, or his representative, in preparing a State Comprehensive Emergency Management Plan of this state, which shall be integrated into and coordinated with the emergency management plans of the federal government and of other states to the fullest possible extent, and to coordinate the preparation of plans and programs for emergency management by the political subdivisions of the state, such local plans to be integrated into and coordinated with the emergency plan and program of this state. The plan must contain provisions to ensure that the state is prepared for emergencies and minor, major and catastrophic disasters, and the agency shall work closely with local governments and agencies and organizations with emergency management responsibilities in preparing and maintaining the plan. The State Comprehensive Emergency Management Plan will be operations oriented and:

(i) Include an evacuation component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of evacuation activities. This component must, at a minimum: ensure coordination pertaining to evacuees crossing county lines; set forth procedures for directing people caught on evacuation routes to safe shelter; and establish policies and strategies for emergency medical evacuations.

(ii) Include a shelter component that includes specific regional and interregional planning provisions and promotes coordination of shelter activities between the public, private and nonprofit sectors. This component must, at a minimum: contain strategies to ensure the availability of adequate public shelter space in each region of the state; establish strategies for refuge-of-last-resort programs; provide strategies to assist local emergency management efforts to ensure that adequate staffing plans exist for all shelters, including medical and security personnel; provide for a postdisaster communications system for public shelters; establish model shelter guidelines for operations, registration, inventory, power generation capability, information management and staffing; and set forth policy guidance for sheltering people with special needs.

(iii) Include a postdisaster response and recovery component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of postdisaster response and recovery activities. This component must provide for postdisaster response and recovery strategies according to whether a disaster is minor, major or catastrophic. The postdisaster response and recovery component must, at a minimum: establish the structure of the state's postdisaster response and recovery organization; establish procedures for activating the state's plan; set forth policies used to guide postdisaster response and recovery activities; describe the chain of command during the postdisaster response and recovery period; describe initial and continuous postdisaster response and recovery actions; identify the roles and responsibilities of each involved agency and organization; provide for a comprehensive communications plan; establish procedures for monitoring mutual aid agreements; provide for rapid impact assessment teams; ensure the availability of an effective statewide urban search and rescue program coordinated with the fire services; ensure the existence of a comprehensive statewide medical care and relief plan administered by the State Department of Health; and establish systems for coordinating volunteers and accepting and distributing donated funds and goods.

(iv) Include additional provisions addressing aspects of preparedness, response and recovery, as determined necessary by the agency.

(v) Address the need for coordinated and expeditious deployment of state resources, including the Mississippi National Guard. In the case of an imminent major disaster, procedures should address predeployment of the Mississippi National Guard, and, in the case of an imminent catastrophic disaster, procedures should address predeployment of the Mississippi National Guard and the United States Armed Forces. This subparagraph (v) does not authorize the agency to call out and deploy the Mississippi National Guard, which authority and determination rests solely with the Governor.

(vi) Establish a system of communications and warning to ensure that the state's population and emergency management agencies are warned of developing emergency situations and can communicate emergency response decisions.

(vii) Establish guidelines and schedules for annual exercises that evaluate the ability of the state and its political subdivisions to respond to minor, major and catastrophic disasters and support local emergency management agencies. Such exercises shall be coordinated with local governments and, to the extent possible, the federal government.

(viii)1. Assign lead and support responsibilities to state agencies and personnel for emergency support functions and other support activities.

2. The agency shall prepare an interim postdisaster response and recovery component that substantially complies with the provisions of this paragraph (a). Each state agency assigned lead responsibility for an emergency support function by the State Comprehensive Emergency Management Plan shall also prepare a detailed operational plan needed to implement its responsibilities. The complete State Comprehensive Emergency Management Plan shall be submitted to the Governor no later than January 1, 1996, and on January 1 of every even-numbered year thereafter.

(b) Adopt standards and requirements for county emergency management plans. The standards and requirements must ensure that county plans are coordinated and consistent with the State Comprehensive Emergency Management Plan. If a municipality elects to establish an emergency management program, it must adopt a city emergency management plan that complies with all standards and requirements applicable to county emergency management plans.

(c) Assist political subdivisions in preparing and maintaining emergency management plans.

(d) Review periodically political subdivision emergency management plans for consistency with the State Comprehensive Emergency Management Plan and standards and requirements adopted under this section.

(e) Make recommendations to the Legislature, building code organizations and political subdivisions for zoning, building and other land use controls, safety measures for securing mobile homes or other nonpermanent or semipermanent structures; and other preparedness, prevention and mitigation measures designed to eliminate emergencies or reduce their impact.

(f) In accordance with the State Comprehensive Emergency Management Plan and program for emergency management, ascertain the requirements of the state, its political subdivisions and the Mississippi Band of Choctaw Indians for equipment and supplies of all kinds in the event of an emergency; plan for and either procure supplies, medicines, materials and equipment or enter into memoranda of agreement or open purchase orders that will ensure their availability; and use and employ from time to time any of the property, services and resources within the state in accordance with this article.

(g) Anticipate trends and promote innovations that will enhance the emergency management system.

(h) Prepare and distribute to appropriate state and local officials catalogs of federal, state and private assistance programs.

(i) Implement training programs to improve the ability of state and local emergency management personnel to prepare and implement emergency management plans and programs, and require all local civil defense directors or emergency management directors to complete such training as a condition to their authority to continue service in their emergency management positions.

(j) Review periodically emergency operating procedures of state agencies and recommend revisions as needed to ensure consistency with the State Comprehensive Emergency Management Plan and program.

(k) Prepare, in advance whenever possible, such executive orders, proclamations and rules for issuance by the Governor as are necessary or appropriate for coping with emergencies and disasters.

(l) Cooperate with the federal government and any public or private agency or entity in achieving any purpose of this article.

(m) Assist political subdivisions with the creation and training of urban search and rescue teams and promote the development and maintenance of a state urban search and rescue program.

(n) Delegate, as necessary and appropriate, authority vested in it under this article and provide for the subdelegation of such authority.

(o) Require each county or municipality to designate an agent for working with the agency in the event of a natural disaster. The county or municipality may designate any person as agent who has completed training programs required of emergency management directors.

(p) Report biennially to the Governor and the President of the Senate, and the Speaker of the House of Representatives, no later than January 1 of every odd-numbered year, the status of the emergency management capabilities of the state and its political subdivisions.

(q) In accordance with Section 25-43-1 et seq. , create, implement, administer, promulgate, amend and rescind rules, programs and plans needed to carry out the provisions of this article with due consideration for, and in cooperating with, the plans and programs of the federal government.

(r) Have the sole power and discretion to enter into, sign, execute and deliver long-term or multiyear leases of real and personal property with other state and federal agencies.

(s) Do other things necessary, incidental or appropriate for the implementation of this article.

(t) In accordance with Section 33-15-15 , create, implement, administer, promulgate, amend and rescind rules regarding the development of the Mississippi Disaster Reservist Program.

(u) Unless otherwise instructed by the Governor, sponsor and develop mutual aid plans and agreements between the political subdivisions of the state and the Mississippi Band of Choctaw Indians similar to the mutual aid arrangements with other states referenced in Section 33-15-11(b)(10) .
Miss. Code Ann. § 33-13-481 — MS Code / Title 33 / Chapter 5 / 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. § 33-13-401 — MS Code / Title 33 / Chapter 4 / 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. § 33-5-53 — MS Code / Title 33 / Chapter 3 / 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. § 33-13-29 — MS Code / Title 33 / Chapter 9 / Section 13-29
Miss. Code Ann. § 33-13-29
Status: in_force

(1) Under such regulations as may be prescribed under this code, a person subject to this code who is on active duty who is accused of an offense against civil authority shall be delivered, upon request, to the civil authority for trial.

(2) When delivery under this section is made to any civil authority of a person undergoing sentence of a court-martial, the delivery, if followed by conviction in a civil tribunal, interrupts the execution of the sentence of the court-martial; and the offender, after having answered to the civil authorities for his offense, shall, upon the request of competent military authority, be returned to military custody for the completion of his sentence.
Miss. Code Ann. § 33-7-111 — MS Code / Title 33 / Chapter 1 / Section 7-111
Miss. Code Ann. § 33-7-111
Status: in_force

(a) No officer of the National Guard shall be dismissed unless by reason of resignation, approval of findings of an efficiency or medical examining board, withdrawal of federal recognition, the sentence of a court-martial, or for cause as provided in sub-section (d) of this section.

(b) The efficiency, moral character, competency, ability to properly perform his duty and general fitness for retention in the National Guard of any officer may be investigated and determined by an efficiency examining board.

(c) The physical fitness for further service of any officer of the National Guard may be investigated by a medical examining board of officers.

(d) Efficiency and medical examining boards consisting of three (3) or more officers shall be appointed by the Adjutant General upon recommendation of the commanding officer or the officer under investigation. All members of such boards shall be senior in grade to the officer under investigation, unless unavailable. Such boards shall be vested with the powers of courts of inquiry. Any officer ordered to appear before such a board shall be allowed to appear in person or by counsel, to cross-examine and to call witnesses in his behalf. He shall, at all stages of the proceedings, be allowed full access to records pertinent to his case and be furnished copies of the same. If the officer shall fail to appear at the time and place set for the hearing by the board, the board shall proceed to consider the evidence presented to it and make such findings as shall be warranted. If the findings of the board are unfavorable to an officer and are approved by the Governor, the Governor shall dismiss the officer, transfer him to the state retired list, or make such other order as may be appropriate.

(e) Any officer who permanently moves from the state or who is absent without leave from drill, training and other duty for such a length of time that he ceases to exercise the function of his commission or warrant, or whose federal recognition is withdrawn may be dismissed automatically.

(f) In any case in which the Adjutant General shall have grounds to believe an officer unfit, incompetent, or incapable of performing his duties, he may be dismissed or transferred to the reserve list or honorary National Guard, if appropriate, without reference to an efficiency or medical examining board, unless the officer so dismissed or transferred shall, within thirty (30) days after being notified thereof, serve upon the Adjutant General notice in writing demanding a hearing and examination before an appropriate board.
Miss. Code Ann. § 33-7-411 — MS Code / Title 33 / Chapter 4 / Section 7-411
Miss. Code Ann. § 33-7-411
Status: in_force

The Adjutant General of Mississippi shall be responsible for the establishment of policies, the administration and implementation of the article. He is also the final authority in determining eligible applicants.
Miss. Code Ann. § 33-9-3 — MS Code / Title 33 / Chapter 3 / Section 9-3
Miss. Code Ann. § 33-9-3
Status: in_force

The Governor shall appoint, designate or detail, on the recommendation of the Adjutant General, subject to the approval of the Secretary of the Army and the Secretary of the Air Force, a federally recognized field grade officer of the Mississippi National Guard who shall be designated as the United States property and fiscal officer for the state. Before entering upon the performance of his duties as property and fiscal officer he shall be required to give good and sufficient bond to the United States, as required by federal statutes, for the faithful performance of his duties and for the safekeeping and proper disposition of the federal funds and property entrusted to his care.
Miss. Code Ann. § 33-13-17 — MS Code / Title 33 / Chapter 3 / Section 13-17
Miss. Code Ann. § 33-13-17
Status: in_force

(1) Apprehension is the taking of a person into custody.

(2) Any commissioned officer, warrant officer, noncommissioned officer or military policeman when in the execution of his guard or police duties, any marshal of a court-martial appointed pursuant to the provisions of this code, any peace officer having authority to apprehend offenders under the laws of the United States or of this state, or any other person charged with law enforcement functions who is designated by the Adjutant General of the State of Mississippi, is authorized to apprehend persons subject to this code upon reasonable belief that an offense has been committed and that the person apprehended committed it.

(3) Commissioned officers, warrant officers and noncommissioned officers have authority to quell quarrels, frays and disorders among persons subject to this code and to apprehend persons subject to this code who take part therein.
Miss. Code Ann. § 33-13-1 — MS Code / Title 33 / Chapter 13 / 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. § 33-7-121 — MS Code / Title 33 / Chapter 7 / Section 7-121
Miss. Code Ann. § 33-7-121
Status: in_force

All commissioned officers will provide themselves with such uniforms as may be prescribed for their use.
Miss. Code Ann. § 33-15-53 — MS Code / Title 33 / Chapter 11 / Section 15-53
Miss. Code Ann. § 33-15-53
Status: in_force

The head of each state department, agency or commission shall select from within such agency a person to be designated as the emergency coordination officer for the agency and an alternate. The emergency coordination officer is responsible for coordinating with the Mississippi Emergency Management Agency on emergency preparedness issues, preparing and maintaining emergency preparedness and postdisaster response and recovery plans for such agency, maintaining rosters of personnel to assist in disaster operations and coordinating appropriate training for agency personnel. These individuals shall be responsible for ensuring that each state facility, such as a prison, office building or university, has a disaster preparedness plan that is approved by the applicable local emergency management agency or the division. The head of each agency shall notify the Governor and the Mississippi Emergency Management Agency in writing of the person initially designated as the emergency coordination officer for such agency and his alternate and of any changes in persons so designated thereafter.
Miss. Code Ann. § 33-7-7 — MS Code / Title 33 / Chapter 7 / Section 7-7
Miss. Code Ann. § 33-7-7
Status: in_force

The commander in chief is authorized to order out the Mississippi National Guard, or any part thereof, for training or service beyond the borders of the state, with any part of the Armed Forces of the United States, whenever participation in such training or serving is authorized by the secretary of defense, or to repel invasion. Whenever the Mississippi National Guard, or any part thereof, not being in the service of the United States, goes beyond the limits of the state, they shall still remain under the military laws and regulations of the state, and any military court of the state shall have jurisdiction over any offense against the military laws of the state committed by any member of the Mississippi National Guard while performing any such military duty beyond the limits of the state, whether such court be organized and sit in the state or not.
Miss. Code Ann. § 33-5-13 — MS Code / Title 33 / Chapter 4 / Section 5-13
Miss. Code Ann. § 33-5-13
Status: in_force

If the unorganized militia is ordered out by draft, the Governor may appoint the number by draft according to the population of the several counties of the state, or otherwise, and shall notify the sheriff of each county, from which any draft is so required, of the number of persons his county is to furnish. Upon the requisition of the Governor being received by the sheriff, the sheriff shall immediately notify the clerk of the circuit court of the county, or in the absence of the said clerk or his inability to act, then his legally authorized deputy or deputies, who shall repair to the office of said clerk and in public copy from the most recent enrollment those persons liable for service under such draft of the unorganized militia, by name or number, the persons shown thereon. Such names or their corresponding numbers shall be placed on slips of paper of the same size and appearance, as nearly as practicable, which slips shall be placed in a box suitable for the purpose and the number required to fill such draft drawn therefrom by the clerk or his legally authorized deputy. The sheriff shall serve upon the persons so drafted a written order from the Governor specifying at what time and at what place they shall appear and report to the officer specified by the Governor. The sheriff shall make return to the clerk of all persons drawn who could not be found, and the clerk shall then draw as many additional names as may be required to complete the draft or to replace those, who, having been drawn, have been rejected by the military authorities for disability, and continue in like manner until the draft is completed and accepted by the military authorities. The Governor may prescribe rules and regulations for conducting the draft and may designate additional officers to assist the respective clerks and sheriffs conducting the same.
Miss. Code Ann. § 33-13-481 — MS Code / Title 33 / Chapter 3 / 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. § 33-13-317 — MS Code / Title 33 / Chapter 9 / 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. § 33-9-21 — MS Code / Title 33 / Chapter 5 / Section 9-21
Miss. Code Ann. § 33-9-21
Status: in_force

If any person knowingly purchases or receives in pawn or pledge any military property of the state or of the United States he shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to imprisonment for a period not exceeding one (1) year, or fined not exceeding One Thousand Dollars ($1,000.00), or to both such fine and imprisonment.
Miss. Code Ann. § 33-13-461 — MS Code / Title 33 / Chapter 5 / 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. § 33-13-153 — MS Code / Title 33 / Chapter 13 / Section 13-153
Miss. Code Ann. § 33-13-153
Status: in_force

Each force of the state military forces has court-martial jurisdiction over all persons subject to this code. The exercise of jurisdiction by one force over personnel of another force shall be in accordance with regulations prescribed by the Governor.
Miss. Code Ann. § 33-3-13 — MS Code / Title 33 / Chapter 3 / Section 3-13
Miss. Code Ann. § 33-3-13
Status: in_force

The device upon the seal of the Adjutant General shall consist of the coat of arms of the State of Mississippi, and the words “Office of Adjutant General, State of Mississippi,” around the margin.

The seal used in the office of the Adjutant General shall be the seal of his office and shall be delivered by him to his successor. Where deemed appropriate orders issued from his office shall be authenticated with such seal and copies, orders, records and papers in his office, duly certified and authenticated under such seal, shall be evidence in all cases in like manner as if the originals were produced.
Miss. Code Ann. § 33-13-187 — MS Code / Title 33 / Chapter 11 / Section 13-187
Miss. Code Ann. § 33-13-187
Status: in_force

Under such regulations as the Governor may prescribe, the convening authority of a general or special court-martial, military commission, court of inquiry, or a military tribunal shall detail or employ qualified court reporters who shall record the proceedings of and testimony taken before that court, commission or tribunal. Under like regulations, the convening authority may detail or employ interpreters who shall interpret for the court, commission or tribunal.
Miss. Code Ann. § 33-15-309 — MS Code / Title 33 / Chapter 4 / 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. § 33-13-417 — MS Code / Title 33 / Chapter 3 / Section 13-417
Miss. Code Ann. § 33-13-417
Status: in_force

(1)(a) There is hereby established a Mississippi Court of Military Appeals, located for administrative purposes only in the Mississippi Military Department, State of Mississippi. The court shall consist of five (5) judges appointed by the Adjutant General upon the advice and recommendation of the State Judge Advocate for a term of six (6) years. Initial appointments to this court will be: one (1) judge for a term of two (2) years, two (2) judges for a term of four (4) years, and two (2) judges for a term of six (6) years. The term of office of all successor judges shall be for a six-year period of time, but any judge appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the unexpired term of his predecessor. The Adjutant General, upon the advice and recommendation of the State Judge Advocate, shall appoint the chief judge of this court. A person is eligible for appointment to this court who:

(i) Is a member of the bar of the Supreme Court of the State of Mississippi;

(ii) Is a member of a federal bar;

(iii) Is a commissioned officer of the state military forces, active or retired, or a retired commissioned officer in the reserves of the Armed Forces of the United States of America;

(iv) Has been engaged in the active practice of law for at least five (5) years;

(v) Has at least five (5) years' experience as a staff judge advocate, judge advocate, or legal officer with the state military forces. The requirements in (iv) and (v) of this subsection may be satisfied by equivalent experience or practice in the Armed Forces of the United States.

(b) The court may promulgate its own rules of procedure, provided, however, that a majority of the five (5) judges shall constitute a quorum and the concurrence of a majority of the judges acting on a given case shall be necessary to a decision of the court.

(c) Judges of the Mississippi Court of Military Appeals may be removed by the Adjutant General upon notice and hearing for neglect of duty and malfeasance in office, or for mental or physical disability.

(d) If a judge of the Mississippi Court of Military Appeals is temporarily unable to perform his duties the Adjutant General upon the advice and recommendation of the State Judge Advocate may designate a military judge, as defined in this code, to fill the office for the period of disability.

(e) The judges of the Mississippi Court of Military Appeals, while actually sitting in review of a matter placed under their jurisdiction by the code, and while traveling to and from such sessions, shall be paid compensation equal to that compensation as prescribed for the judges of the circuit courts of the State of Mississippi, to include both salary and travel expenses.

(2) The Mississippi Court of Military Appeals shall have appellate jurisdiction, upon petition of an accused, to hear and review the record in:

(a) All general and special court-martial cases; and

(b) All other cases where a judge of this court has made a determination that there may be a constitutional issue involved.

(3) The accused has sixty (60) calendar days from the time of receipt of actual notice of the final action on his case, under this code, to petition the Mississippi Court of Military Appeals for review, said petition to set forth all errors assigned. The court shall act upon such a petition within sixty (60) calendar days of the receipt thereof. In the event the court fails or refuses to grant such petition for review the final action of the convening authority will be deemed to have been approved; notwithstanding any other provision of this code, upon the court granting a hearing of an appeal, the court may grant a stay or defer service of the sentence of confinement or any other punishment under this code until the court's final decision upon the case.

(4) In a case reviewable under subsection (2)(a) of this section the Mississippi Court of Military Appeals may act only with respect to the findings and sentence as finally approved and ordered executed by the convening authority. In a case reviewable under subsection (2)(b) of this section this court need take action only with respect to matters of law, and the action of this court is final.

(5) If the Mississippi Court of Military Appeals sets aside the findings and sentence, it may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed. After the Mississippi Court of Military Appeals has acted on the case, the record shall be returned to the State Judge Advocate who shall notify the convening authority of the court's decision. If further action is required the State Judge Advocate shall instruct the convening authority to take action in accordance with that decision. If the court has ordered a rehearing, but the convening authority finds a rehearing impracticable, he may dismiss the charges.
Miss. Code Ann. § 33-13-503 — MS Code / Title 33 / Chapter 7 / Section 13-503
Miss. Code Ann. § 33-13-503
Status: in_force

Any person subject to this code who forces a safeguard shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-13-479 — MS Code / Title 33 / Chapter 5 / Section 13-479
Miss. Code Ann. § 33-13-479
Status: in_force

Any person subject to this code who:

(a) Strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while that officer is in the execution of his office; or

(b) Willfully disobeys a lawful command of his commissioned officer; shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-7-401 — MS Code / Title 33 / Chapter 7 / Section 7-401
Miss. Code Ann. § 33-7-401
Status: in_force

This article shall be known as the Mississippi National Guard Educational Assistance Law.
Miss. Code Ann. § 33-13-333 — MS Code / Title 33 / Chapter 3 / Section 13-333
Miss. Code Ann. § 33-13-333
Status: in_force

(1) No person may be convicted of an offense, except by the concurrence of two-thirds ( 2 / 3 ) of the members present at the time the vote is taken.

(2) All sentences shall be determined by the concurrence of two-thirds ( 2 / 3 ) of the members present at the time the vote is taken.

(3) All other questions to be decided by the members of a general or special court-martial shall be determined by a majority vote. A tie vote on a challenge disqualifies the member challenged, but a determination to reconsider a sentence with a view toward decreasing it, may be made by any lesser vote which indicates that the reconsideration is not opposed by the number of votes required for that finding or sentence. A tie vote on a motion for a finding of not guilty or on a motion relating to the question of the accused's sanity is a determination against the accused. A tie vote on any other question is a determination in favor of the accused.
Miss. Code Ann. § 33-13-21 — MS Code / Title 33 / Chapter 7 / 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. § 33-13-5 — MS Code / Title 33 / Chapter 9 / Section 13-5
Miss. Code Ann. § 33-13-5
Status: in_force

This code shall constitute concurrent jurisdiction with appropriate civilian courts over offenses in punitive Sections 33-13-451 through 33-13-465 and 33-13-467 through 33-13-529 . Any other crimes defined by statute or existing at common law may be prosecuted by proper authorities as authorized by law.
Miss. Code Ann. § 33-13-401 — MS Code / Title 33 / Chapter 1 / 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. § 33-15-5 — MS Code / Title 33 / Chapter 7 / Section 15-5
Miss. Code Ann. § 33-15-5
Status: in_force

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

(a) “ Agency ” means the Mississippi Emergency Management Agency, created by Section 33-15-7 .

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

(c) “ Emergency management ” means the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters. Specific emergency management responsibilities include, but are not limited to:

(i) Reduction of vulnerability of people and communities of this state to damage, injury and loss of life and property resulting from natural, technological or man-made emergencies or hostile military paramilitary action.

(ii) Preparation for prompt and efficient response and recovery to protect lives and property affected by emergencies.

(iii) Response to emergencies using all systems, plans and resources necessary to preserve adequately the health, safety and welfare of persons or property affected by the emergency.

(iv) Recovery from emergencies by providing for the rapid and orderly start of restoration and rehabilitation of persons and property affected by emergencies.

(v) Provision of an emergency management system embodying all aspects of preemergency preparedness and postemergency response, recovery and mitigation.

(vi) Assistance in anticipation, recognition, appraisal, prevention and mitigation of emergencies which may be caused or aggravated by inadequate planning for, and regulation of public and private facilities and land use.

(d) “ Civil defense ,” whenever it appears in the laws of the State of Mississippi, shall mean “emergency management” unless the context clearly indicates otherwise.

(e) “ State of war emergency ” means the condition which exists immediately, with or without a proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the United States or upon receipt by the state of a warning from the federal government indicating that such an attack is probable or imminent.

(f) “ State of emergency ” means the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons or property within the state caused by air or water pollution, fire, flood, storm, epidemic, earthquake, hurricane, resource shortages, or other natural or man-made conditions other than conditions causing a “state of war emergency,” which conditions by reasons of their magnitude are or are likely to be beyond the control of the services, personnel, equipment and facilities of any single county and/or municipality and requires combined forces of the state to combat.

(g) “ Local emergency ” means the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a county and/or municipality caused by such conditions as air or water pollution, fire, flood, storm, epidemic, earthquake, hurricane, resource shortages or other natural or man-made conditions, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of the political subdivision and require the combined forces of other subdivisions or of the state to combat.

(h) “ Emergency ” means any occurrence, or threat thereof, whether natural, technological, or man-made, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property.

(i) “ Man-made emergency ” means an emergency caused by an action against persons or society, including, but not limited to, emergency attack, sabotage, terrorism, civil unrest or other action impairing the orderly administration of government.

(j) “ Natural emergency ” means an emergency caused by a natural event, including, but not limited to, a hurricane, a storm, a flood, severe wave action, a drought or an earthquake.

(k) “ Technological emergency ” means an emergency caused by a technological failure or accident, including, but not limited to, an explosion, transportation accident, radiological accident, or chemical or other hazardous material incident.

(l) “ Local emergency management agency ” means an organization created to discharge the emergency management responsibilities and functions of a political subdivision.

(m) “ Disaster ” means any natural, technological or civil emergency as defined in this section that causes damage of sufficient severity and magnitude to result in a declaration of an emergency by a county or municipality, the Governor or the President of the United States. Disasters shall be identified by the severity of resulting damage, as follows:

(i) “ Catastrophic disaster ” means a disaster that will require massive state and federal assistance, including immediate military involvement.

(ii) “ Major disaster ” means a disaster that will likely exceed local capabilities and require a broad range of state and federal assistance.

(iii) “ Minor disaster ” means a disaster that is likely to be within the response capabilities of local government and to result in only a minimal need for state or federal assistance.

(n) “ Disaster Reservist ” means any person hired on a temporary basis pursuant to State Personnel Board policies and procedures regulating personal service contracts, that is hired to perform specific tasks related to a Governor's State of Emergency, or by an emergency or disaster declaration of the President of the United States, by the agency, and is assigned to perform such duties as may be required under the direction of the appropriate agency supervisor.

(o) “ Emergency impact area ” means the area of the state in which market conditions exist due to a state of emergency creating a likelihood that prices ordinarily charged for goods and services could be raised unfairly due to the underlying emergency.

(p) “ Political subdivision ” means a local government created by the State of Mississippi to assist in fulfilling the state's obligations. The term “ political subdivision ” includes levee districts.
Miss. Code Ann. § 33-13-329 — MS Code / Title 33 / Chapter 11 / 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. § 33-13-157 — MS Code / Title 33 / Chapter 11 / Section 13-157
Miss. Code Ann. § 33-13-157
Status: in_force

(1) Subject to Section 33-13-153 , special courts-martial have jurisdiction to try persons subject to this code, except commissioned officers, for any offense for which they may be punished under this code. A special court-martial has the same powers or punishment as a general court-martial, except:

(a) A fine of not more than One Thousand Dollars ($1,000.00), and/or confinement of not more than one hundred (100) days for a single offense, and/or forfeiture of all pay and/or allowances.

(b) A dishonorable discharge may not be imposed.

(2) A dismissal of a warrant officer or a bad conduct 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, except in any case in which a military judge could not be detailed to the trial because of physical conditions or military exigencies. In any such case in which a military judge was not detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason or reasons a military judge could not be detailed.
Miss. Code Ann. § 33-11-1 — MS Code / Title 33 / Chapter 7 / Section 11-1
Miss. Code Ann. § 33-11-1
Status: in_force

The Adjutant General of this state may make on behalf of the state, conveyances of real property that are in the best interest of the Mississippi Military Department. Such real property may be conveyed to a subdivision of government or state agency, institution, public university or community or junior college, for any consideration and upon such other terms and conditions as the Adjutant General may deem advisable. The Adjutant General is further empowered to enter into cooperative agreements with any county, municipality, or other political subdivision, of the state for providing facilities for National Guard training purposes.
Miss. Code Ann. § 33-13-31 — MS Code / Title 33 / Chapter 4 / Section 13-31
Miss. Code Ann. § 33-13-31
Status: in_force

(1) Under such regulations as the Governor may prescribe, limitations may be placed on the powers granted by this section with respect to the kind and amount of punishment authorized, and the categories of commanding officers and warrant officers exercising command authorized to exercise those powers. Under similar regulations, rules may be prescribed with respect to the suspension of punishments authorized hereunder. If authorized by regulations of the Governor, the Governor or an officer of general rank in command may delegate his powers under this section to a principal assistant. If disciplinary punishment other than admonition or reprimand is to be imposed, the accused shall be afforded the opportunity to consult with counsel having the qualifications prescribed under Section 33-13-15(2), Mississippi Code of 1972 , if available. Otherwise, the accused shall be afforded the opportunity to be represented by any available commissioned officer of his choice. The accused may also employ civilian counsel of his own choosing at his own expense. In all proceedings, the accused is allowed forty-eight (48) hours, or longer on written justification, to reply to the notification of intent to impose punishment under this section.

(2) Subject to subsection (1) of this section, any commanding officer or the Commandant of the Mississippi Military Academy may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses:

(a) Upon officers of his command:

(i) Restriction to certain specified limits with or without suspension from duty, for not more than thirty (30) days;

(ii) If imposed by the Governor, or an officer of general rank in command:

1. Arrest in quarters for not more than thirty (30) days;

2. A fine of not more than Two Hundred Twenty-five Dollars ($225.00), subject to such limitations as may be imposed by federal law;

3. Restriction to certain specified limits, with or without suspension from duty, for not more than sixty (60) days;

4. Detention of not more than one-half (1/2) of one (1) month's pay per month for three (3) months.

(b) Upon other personnel of his command:

(i) If imposed upon a person attached to or embarked in a vessel, confinement for not more than three (3) days;

(ii) Correctional custody for not more than seven (7) days;

(iii) A fine of not more than One Hundred Seventy-five Dollars ($175.00), subject to such limitations as may be imposed by federal law;

(iv) Reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction;

(v) Extra duties including fatigue or other duties, for not more than thirty (30) days, which need not be consecutive, and for not more than two (2) hours per day, holidays included;

(vi) Restriction to certain specified limits, with or without suspension from duty for not more than thirty (30) days;

(vii) Detention of not more than fourteen (14) days' pay;

(viii) If imposed by an officer of the grade of major or above:

1. The punishment authorized under subsection (2)(b)(i) of this section;

2. Correctional custody for not more than thirty (30) days;

3. A fine of not more than Two Hundred Twenty-five Dollars ($225.00), subject to such limitations as may be imposed by federal law;

4. Reduction to the lowest or any intermediate pay grade if the grade from which demoted is within the promotion authority of the officer imposing the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two (2) pay grades;

5. Extra duties including fatigue or other duties, for not more than forty-five (45) days which need not be consecutive and for not more than two (2) hours per day, holidays included;

6. Restriction to certain specified limits with or without suspension from duty, for not more than sixty (60) days;

7. Detention of not more than one-half (1/2) of one (1) month's pay per month for three (3) months.

Detention of pay shall be for a stated period of not more than one (1) year but if the offender's term of service expires earlier, the detention shall terminate upon that expiration. No two (2) or more of the punishments of arrest in quarters, correctional custody, extra duties and restriction may be combined to run consecutively in the maximum amount imposable for each. Whenever any of those punishments are combined to run consecutively, there must be an apportionment. For the purpose of this subsection, “ correctional custody ” is the physical restraint of a person during nonduty hours and may include extra duties, fatigue duties or hard labor. If practicable, correctional custody will not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial.

(3)(a) An officer in charge may impose upon enlisted members assigned to the unit of which he is in charge such of the punishments authorized under subsection (2)(b)(i)-(vii) of this section as the Governor may specifically prescribe by regulation.

(b) The Commandant of the Mississippi Military Academy may impose upon officers of which he is in charge such of the punishments authorized under subsection (2)(a)(i) of this section.

(4) The officer who imposes the punishment authorized in subsection (2) or his successor in command may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or fine imposed under subsection (2), whether or not executed. In addition, he may, at any time, remit or mitigate any part or amount of the unexecuted punishment imposed and may set aside, in whole or in part, the punishment, whether executed or unexecuted, and restore all rights, privileges and property affected. He may also mitigate reduction in grade to a fine and/or detention of pay.

When mitigating (a) arrest in quarters or restriction, or (b) extra duties to restriction, the mitigated punishment shall not be for a greater period than the punishment mitigated.

When mitigating reduction in grade to a fine and/or detention of pay, the amount of the fine and/or detention shall not be greater than the amount that could have been imposed initially under this section by the officer who imposed the punishment mitigated.

(5) A person punished under this section who considers his punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may, in the meantime, be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under subsection (4) of this section by the officer who imposed the punishment. Before acting on an appeal from a punishment of:

(a) Arrest in quarters for more than seven (7) days;

(b) Correctional custody for more than seven (7) days;

(c) A fine of Two Hundred Twenty-five Dollars ($225.00);

(d) Reduction of one or more pay grades from the fourth or a higher pay grade;

(e) Extra duties for more than fourteen (14) days' pay;

(f) Restriction of more than fourteen (14) days' pay;

(g) Detention of more than fourteen (14) days' pay; the authority who is to act on the appeal shall refer the case to a judge advocate of the state military forces for consideration and advice, and may so refer the case upon appeal from any punishment imposed under subsection (2).

(6) The imposition and enforcement of disciplinary punishment under this section for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this section, but the fact that disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.

(7) The Governor may, by regulation, prescribe the form of records to be kept of proceedings under this section and may also prescribe that certain categories of those proceedings shall be in writing.
Miss. Code Ann. § 33-15-305 — MS Code / Title 33 / Chapter 1 / 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. § 33-13-9 — MS Code / Title 33 / Chapter 4 / 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. § 33-7-9 — MS Code / Title 33 / Chapter 1 / 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. § 33-13-7 — MS Code / Title 33 / Chapter 11 / Section 13-7
Miss. Code Ann. § 33-13-7
Status: in_force

(1) This code applies to all members of the state military forces who are not in active federal service of the United States.

(2) The voluntary enlistment of any person who has the capacity to understand the significance of enlisting in the state military forces shall be valid for purposes of jurisdiction under subsection (1) of this section and a change of status from civilian to member of the state military forces shall be effective upon taking the oath of enlistment.

(3) Notwithstanding any other provision of law, a person serving with the state military forces who:

(a) Submitted voluntarily to military authority;

(b) Met the mental competency and minimum age qualifications ( 10 USC Sections 504 and 505 ) at the time of voluntary submission to military authority;

(c) Received military pay or allowances; and

(d) Performed military duties;

is subject to this code until such person's service has been terminated in accordance with law or regulations.
Miss. Code Ann. § 33-13-461 — MS Code / Title 33 / Chapter 4 / 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. § 33-13-157 — MS Code / Title 33 / Chapter 4 / Section 13-157
Miss. Code Ann. § 33-13-157
Status: in_force

(1) Subject to Section 33-13-153 , special courts-martial have jurisdiction to try persons subject to this code, except commissioned officers, for any offense for which they may be punished under this code. A special court-martial has the same powers or punishment as a general court-martial, except:

(a) A fine of not more than One Thousand Dollars ($1,000.00), and/or confinement of not more than one hundred (100) days for a single offense, and/or forfeiture of all pay and/or allowances.

(b) A dishonorable discharge may not be imposed.

(2) A dismissal of a warrant officer or a bad conduct 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, except in any case in which a military judge could not be detailed to the trial because of physical conditions or military exigencies. In any such case in which a military judge was not detailed to the trial, the convening authority shall make a detailed written statement, to be appended to the record, stating the reason or reasons a military judge could not be detailed.
Miss. Code Ann. § 33-7-501 — MS Code / Title 33 / Chapter 1 / Section 7-501
Miss. Code Ann. § 33-7-501
Status: in_force

This article shall be known, and may be cited, as the National Guard Mutual Assistance Counter-Drug Activities Compact Law.
Miss. Code Ann. § 33-7-1 — MS Code / Title 33 / Chapter 7 / Section 7-1
Miss. Code Ann. § 33-7-1
Status: in_force

(a) The Mississippi National Guard shall consist of the organized militia within the ages prescribed by federal law and regulations, organized, armed and equipped as hereinafter provided, and of commissioned officers and warrant officers within the ages and having the qualifications prescribed by federal law and regulations. The number of officers and enlisted men of the National Guard and the grades and designations thereof shall be as now or hereafter prescribed by federal law and regulations relating to the National Guard, and all commissions and promotions shall be in accordance with the aforesaid regulations.

(b) The Mississippi National Guard shall be divided into such organizations and units as may now or hereafter be prescribed for this state by federal law or regulations, consisting of that portion of the National Guard of the United States apportioned and assigned to this state in accordance with tables of organizations prescribed by the department of defense and approved by the Governor of Mississippi.

(c) The Governor shall have power to increase the National Guard by voluntary enlistment or by draft, and to organize the same, with proper officers, as the necessities of the service may require, in the manner provided for in Sections 33-5-1 through 33-5-17 of Chapter 5 of this title, in periods of national or state emergency as therein provided for.
Miss. Code Ann. § 33-13-423 — MS Code / Title 33 / Chapter 3 / 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. § 33-13-425 — MS Code / Title 33 / Chapter 11 / 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. § 33-13-453 — MS Code / Title 33 / Chapter 7 / Section 13-453
Miss. Code Ann. § 33-13-453
Status: in_force

Any person subject to this code who:

(1) commits an offense punishable by this code or aids, abets, counsels, commands or procures its commission; or

(2) causes an act to be done which if directly performed by him would be punishable by this code; is a principal.
Miss. Code Ann. § 33-15-33 — MS Code / Title 33 / Chapter 7 / Section 15-33
Miss. Code Ann. § 33-15-33
Status: in_force

No individual employed by or for an organization for emergency management established under the authority of this article shall, while acting under authority of his position or representing himself in his official capacity, participate in any form of political activity, and no such organization shall be employed directly or indirectly for political purposes.
Miss. Code Ann. § 33-15-211 — MS Code / Title 33 / Chapter 7 / 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. § 33-13-417 — MS Code / Title 33 / Chapter 1 / Section 13-417
Miss. Code Ann. § 33-13-417
Status: in_force

(1)(a) There is hereby established a Mississippi Court of Military Appeals, located for administrative purposes only in the Mississippi Military Department, State of Mississippi. The court shall consist of five (5) judges appointed by the Adjutant General upon the advice and recommendation of the State Judge Advocate for a term of six (6) years. Initial appointments to this court will be: one (1) judge for a term of two (2) years, two (2) judges for a term of four (4) years, and two (2) judges for a term of six (6) years. The term of office of all successor judges shall be for a six-year period of time, but any judge appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the unexpired term of his predecessor. The Adjutant General, upon the advice and recommendation of the State Judge Advocate, shall appoint the chief judge of this court. A person is eligible for appointment to this court who:

(i) Is a member of the bar of the Supreme Court of the State of Mississippi;

(ii) Is a member of a federal bar;

(iii) Is a commissioned officer of the state military forces, active or retired, or a retired commissioned officer in the reserves of the Armed Forces of the United States of America;

(iv) Has been engaged in the active practice of law for at least five (5) years;

(v) Has at least five (5) years' experience as a staff judge advocate, judge advocate, or legal officer with the state military forces. The requirements in (iv) and (v) of this subsection may be satisfied by equivalent experience or practice in the Armed Forces of the United States.

(b) The court may promulgate its own rules of procedure, provided, however, that a majority of the five (5) judges shall constitute a quorum and the concurrence of a majority of the judges acting on a given case shall be necessary to a decision of the court.

(c) Judges of the Mississippi Court of Military Appeals may be removed by the Adjutant General upon notice and hearing for neglect of duty and malfeasance in office, or for mental or physical disability.

(d) If a judge of the Mississippi Court of Military Appeals is temporarily unable to perform his duties the Adjutant General upon the advice and recommendation of the State Judge Advocate may designate a military judge, as defined in this code, to fill the office for the period of disability.

(e) The judges of the Mississippi Court of Military Appeals, while actually sitting in review of a matter placed under their jurisdiction by the code, and while traveling to and from such sessions, shall be paid compensation equal to that compensation as prescribed for the judges of the circuit courts of the State of Mississippi, to include both salary and travel expenses.

(2) The Mississippi Court of Military Appeals shall have appellate jurisdiction, upon petition of an accused, to hear and review the record in:

(a) All general and special court-martial cases; and

(b) All other cases where a judge of this court has made a determination that there may be a constitutional issue involved.

(3) The accused has sixty (60) calendar days from the time of receipt of actual notice of the final action on his case, under this code, to petition the Mississippi Court of Military Appeals for review, said petition to set forth all errors assigned. The court shall act upon such a petition within sixty (60) calendar days of the receipt thereof. In the event the court fails or refuses to grant such petition for review the final action of the convening authority will be deemed to have been approved; notwithstanding any other provision of this code, upon the court granting a hearing of an appeal, the court may grant a stay or defer service of the sentence of confinement or any other punishment under this code until the court's final decision upon the case.

(4) In a case reviewable under subsection (2)(a) of this section the Mississippi Court of Military Appeals may act only with respect to the findings and sentence as finally approved and ordered executed by the convening authority. In a case reviewable under subsection (2)(b) of this section this court need take action only with respect to matters of law, and the action of this court is final.

(5) If the Mississippi Court of Military Appeals sets aside the findings and sentence, it may, except where the setting aside is based on lack of sufficient evidence in the record to support the findings, order a rehearing. If it sets aside the findings and sentence and does not order a rehearing, it shall order that the charges be dismissed. After the Mississippi Court of Military Appeals has acted on the case, the record shall be returned to the State Judge Advocate who shall notify the convening authority of the court's decision. If further action is required the State Judge Advocate shall instruct the convening authority to take action in accordance with that decision. If the court has ordered a rehearing, but the convening authority finds a rehearing impracticable, he may dismiss the charges.
Miss. Code Ann. § 33-13-327 — MS Code / Title 33 / Chapter 13 / Section 13-327
Miss. Code Ann. § 33-13-327
Status: in_force

(1) At any time after charges have been signed, as provided in Section 33-13-251 , any party may take oral or written depositions unless the military judge, a court-martial without a military judge hearing the case or, if the case is not being heard, an authority competent to convene a court-martial for the trial of those charges forbids it for good cause. If a deposition is to be taken before charges are referred for trial, such authority may designate attorneys in the state military forces to represent the prosecution and the defense and may authorize those persons to take the deposition of any witness.

(2) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition.

(3) Depositions may be taken before and authenticated by any military or civil officer authorized by laws of the state or by the laws of the place where the deposition is taken to administer oaths.

(4) Any duly authenticated deposition taken upon reasonable notice to the other parties, so far as otherwise admissible under the rules of evidence, may be read in evidence before any military court or commission, or in any proceeding before a court of inquiry, if it appears:

(a) That the witness resides or is beyond the state in which the court-martial or court of inquiry is ordered to sit, or beyond the distance of one hundred (100) miles from the place of trial or hearing;

(b) That the witness by reason of death, age or sickness, bodily infirmity, imprisonment, military necessity, nonamenability to process, or other reasonable cause, is unable or refuses to appear and testify in person at the place of trial or hearing; or

(c) That the present whereabouts of the witness is unknown.
Miss. Code Ann. § 33-9-19 — MS Code / Title 33 / Chapter 5 / Section 9-19
Miss. Code Ann. § 33-9-19
Status: in_force

Any officer or enlisted man taking any government property from any military installation without the consent of his unit commander shall be considered as appropriating government property for his own use and may be tried in any court of competent jurisdiction and on conviction thereof shall suffer a fine in any sum, not exceeding One Hundred Dollars ($100.00), together with the cost of such government property, or imprisonment in the county jail for a period not exceeding sixty (60) days, or shall suffer both fine and imprisonment.
Miss. Code Ann. § 33-15-308 — MS Code / Title 33 / Chapter 5 / 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. § 33-15-202 — MS Code / Title 33 / Chapter 5 / 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. § 33-15-13 — MS Code / Title 33 / Chapter 11 / Section 15-13
Miss. Code Ann. § 33-15-13
Status: in_force

(a) In the event of actual or impending enemy attack, as determined by the President, against the United States and the State of Mississippi, the Governor may proclaim that a state of war emergency exists, and thereafter the Governor shall have and may exercise for such period as such state of war emergency exists or continues, the following additional emergency powers:

(1) To enforce all laws, rules and regulations relating to emergency management and to assume direct operational control of all emergency management forces and helpers in the state;

(2) To purchase supplies and services for emergency management purposes, including aiding the populace, without necessity for advertising therefor; to call upon all persons, firms and corporations to furnish such supplies, services and facilities as they may control which may be needed for the protection of the public, and to enter into all necessary contracts and agreements as may be necessary with relation thereto, all or any provisions of law with reference to advertisements in such matters being expressly waived for this purpose;

(3) To utilize or commandeer any private property for the protection of the public or at the request of the President, the Armed Forces or the Emergency Management Agency of the United States including:

(A) For use during emergency only, all means of transportation and communication, except newspapers, or publications, or wire facilities leased or owned by news services, newspapers and other news publications;

(B) Food, clothing, equipment, materials, medicines, any supplies and stocks of fuel of whatever nature;

(C) Facilities including buildings and plants, for use during emergency only; in the event it shall become necessary to utilize any such facilities, plants or services, the operation thereof, if possible, shall be left in the hands of the owner, subject to direction of the Governor, and only such portion as may be essential for the protection of life and property, or the national defense, shall be commandeered or utilized;

(4) To sell, lend, give or distribute all or any such personal property utilized among the inhabitants of the state and to account to the State Treasurer for any funds received for such property;

(5) To perform and exercise such other functions, powers and duties as may be deemed necessary to promote and secure the safety and protection of the civilian population.

(b) Adequate compensation shall be paid for any property so utilized, taken or condemned. In case it shall become necessary to take or use any private property as provided above, the full faith and credit of the State of Mississippi shall be pledged to pay just compensation therefor. In case the Governor and the owner of any such property so utilized or taken shall not be able to agree on the compensation to be paid for use, damage or taking thereof, the amount of such compensation to be paid shall be determined in conformity with the statutes of this state relating to eminent domain procedures.

(c) All powers granted to the Governor by this section with respect to a state of war emergency shall terminate when the state of war emergency has been terminated by proclamation of the Governor or by concurrent resolution of the Legislature declaring it at an end.
Miss. Code Ann. § 33-13-489 — MS Code / Title 33 / Chapter 13 / Section 13-489
Miss. Code Ann. § 33-13-489
Status: in_force

Any person subject to this code who resists apprehension or breaks arrest or who escapes from physical restraint lawfully imposed shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-13-625 — MS Code / Title 33 / Chapter 13 / Section 13-625
Miss. Code Ann. § 33-13-625
Status: in_force

The Adjutant General shall have authority to pay all expenses incurred in the administration of state military justice, including the expenses of courts-martial and expenses incurred under Sections 33-13-327 , 33-13-417 , 33-13-605 and 33-13-621 of this code , from any funds appropriated to the Mississippi Military Department.
Miss. Code Ann. § 33-7-109 — MS Code / Title 33 / Chapter 4 / Section 7-109
Miss. Code Ann. § 33-7-109
Status: in_force

Officers of all grades will be assigned to units or arms of the service and will be transferred from one unit or arm of the service to another by order of the commander in chief as the interest of the service may require; and all appointments will be by commission or warrant in the Mississippi National Guard, and not in any particular unit, and all commissions and warrants now in effect will be considered as such.
Miss. Code Ann. § 33-15-505 — MS Code / Title 33 / Chapter 9 / 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. § 33-13-495 — MS Code / Title 33 / Chapter 7 / Section 13-495
Miss. Code Ann. § 33-13-495
Status: in_force

Any person subject to this code who:

(a) Is responsible for unnecessary delay in the disposition of any case of a person accused of an offense under this code; or

(b) Knowingly and intentionally fails to enforce or comply with any provision of this code regulating the proceedings before or after trial of an accused; shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-13-313 — MS Code / Title 33 / Chapter 9 / 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. § 33-13-329 — MS Code / Title 33 / Chapter 3 / 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. § 33-7-119 — MS Code / Title 33 / Chapter 5 / 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. § 33-15-13 — MS Code / Title 33 / Chapter 5 / Section 15-13
Miss. Code Ann. § 33-15-13
Status: in_force

(a) In the event of actual or impending enemy attack, as determined by the President, against the United States and the State of Mississippi, the Governor may proclaim that a state of war emergency exists, and thereafter the Governor shall have and may exercise for such period as such state of war emergency exists or continues, the following additional emergency powers:

(1) To enforce all laws, rules and regulations relating to emergency management and to assume direct operational control of all emergency management forces and helpers in the state;

(2) To purchase supplies and services for emergency management purposes, including aiding the populace, without necessity for advertising therefor; to call upon all persons, firms and corporations to furnish such supplies, services and facilities as they may control which may be needed for the protection of the public, and to enter into all necessary contracts and agreements as may be necessary with relation thereto, all or any provisions of law with reference to advertisements in such matters being expressly waived for this purpose;

(3) To utilize or commandeer any private property for the protection of the public or at the request of the President, the Armed Forces or the Emergency Management Agency of the United States including:

(A) For use during emergency only, all means of transportation and communication, except newspapers, or publications, or wire facilities leased or owned by news services, newspapers and other news publications;

(B) Food, clothing, equipment, materials, medicines, any supplies and stocks of fuel of whatever nature;

(C) Facilities including buildings and plants, for use during emergency only; in the event it shall become necessary to utilize any such facilities, plants or services, the operation thereof, if possible, shall be left in the hands of the owner, subject to direction of the Governor, and only such portion as may be essential for the protection of life and property, or the national defense, shall be commandeered or utilized;

(4) To sell, lend, give or distribute all or any such personal property utilized among the inhabitants of the state and to account to the State Treasurer for any funds received for such property;

(5) To perform and exercise such other functions, powers and duties as may be deemed necessary to promote and secure the safety and protection of the civilian population.

(b) Adequate compensation shall be paid for any property so utilized, taken or condemned. In case it shall become necessary to take or use any private property as provided above, the full faith and credit of the State of Mississippi shall be pledged to pay just compensation therefor. In case the Governor and the owner of any such property so utilized or taken shall not be able to agree on the compensation to be paid for use, damage or taking thereof, the amount of such compensation to be paid shall be determined in conformity with the statutes of this state relating to eminent domain procedures.

(c) All powers granted to the Governor by this section with respect to a state of war emergency shall terminate when the state of war emergency has been terminated by proclamation of the Governor or by concurrent resolution of the Legislature declaring it at an end.
Miss. Code Ann. § 33-5-9 — MS Code / Title 33 / Chapter 3 / Section 5-9
Miss. Code Ann. § 33-5-9
Status: in_force

The unorganized militia, or any part thereof, shall not be subject to any active military duty, except when called into the service of the United States or when called into the service of this state by the Governor in case of war, rebellion, insurrections, invasion, tumult, riot, breach of the peace, public calamity or catastrophe or other state or national emergency or imminent danger thereof. When the militia of this state, or any part thereof, is called forth under the constitution and laws of the United States, the Governor shall first order out for service the National Guard, and then the Mississippi State Guard, or such parts thereof as may be necessary, and if the number available be insufficient, he shall then order out such part of the unorganized militia as he may deem that the necessity requires.
Miss. Code Ann. § 33-7-305 — MS Code / Title 33 / Chapter 7 / Section 7-305
Miss. Code Ann. § 33-7-305
Status: in_force

It shall be the duty of the Governor, when ordering out any portion of the National Guard, for active state duty, to issue his orders to the officer in command of such troops as he may have ordered out, directing him as to the duty to be performed and the kind and extent of force to be used in the performance of such duty, and if the troops are so ordered out for the purpose of aiding the civil authorities, he shall designate in his order the civil authorities, if any, to be consulted by the commander of the troops and to what extent the troops will cooperate with or take orders from the civil authorities. When an armed military force is ordered out in aid of civil authorities, the orders of the civil officer or officers shall not extend beyond a direction of the general or specific objects to be accomplished. The tactical direction of the troops, the kind and extent of the force to be used, and the particular means to be employed are left solely with the military officers, subject to the orders received from the commander in chief.
Miss. Code Ann. § 33-13-529 — MS Code / Title 33 / Chapter 11 / 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. § 33-13-9 — MS Code / Title 33 / Chapter 9 / 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. § 33-9-21 — MS Code / Title 33 / Chapter 4 / Section 9-21
Miss. Code Ann. § 33-9-21
Status: in_force

If any person knowingly purchases or receives in pawn or pledge any military property of the state or of the United States he shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to imprisonment for a period not exceeding one (1) year, or fined not exceeding One Thousand Dollars ($1,000.00), or to both such fine and imprisonment.
Miss. Code Ann. § 33-15-11 — MS Code / Title 33 / Chapter 5 / Section 15-11
Miss. Code Ann. § 33-15-11
Status: in_force

(a) The Governor shall have general direction and control of the activities of the Emergency Management Agency and Council and shall be responsible for the carrying out of the provisions of this article, and in the event of a man-made, technological or natural disaster or emergency beyond local control, may assume direct operational control over all or any part of the emergency management functions within this state.

(b) In performing his duties under this article, the Governor is further authorized and empowered:

(1) To make, amend and rescind the necessary orders, rules and regulations to carry out the provisions of this article with due consideration of the plans of the federal government, and to enter into disaster assistance grants and agreements with the federal government under the terms as may be required by federal law.

(2) To work with the Mississippi Emergency Management Agency in preparing a comprehensive plan and program for the emergency management of this state, such plan and program to be integrated into and coordinated with the emergency management plans of the federal government and of other states to the fullest possible extent, and to coordinate the preparation of plans and programs for emergency management by the political subdivisions of this state, such local plans to be integrated into and coordinated with the emergency management plan and program of this state to the fullest possible extent.

(3) In accordance with such plan and program for emergency management of this state, to ascertain the requirements of the state or the political subdivisions thereof for food or clothing or other necessities of life in the event of attack or natural or man-made or technological disasters and to plan for and procure supplies, medicines, materials and equipment, and to use and employ from time to time any of the property, services and resources within the state, for the purposes set forth in this article; to make surveys of the industries, resources and facilities within the state as are necessary to carry out the purposes of this article; to institute training programs and public information programs, and to take all other preparatory steps, including the partial or full mobilization of emergency management organizations in advance of actual disaster, to insure the furnishing of adequately trained and equipped forces of emergency management personnel in time of need.

(4) To cooperate with the President and the heads of the Armed Forces, and the Emergency Management Agency of the United States, and with the officers and agencies of other states in matters pertaining to the emergency management of the state and nation and the incidents thereof; and in connection therewith, to take any measures which he may deem proper to carry into effect any request of the President and the appropriate federal officers and agencies, for any action looking to emergency management, including the direction or control of (a) blackouts and practice blackouts, air raid drills, mobilization of emergency management forces, and other tests and exercises, (b) warnings and signals for drills or attacks and the mechanical devices to be used in connection therewith, (c) the effective screening or extinguishing of all lights and lighting devices and appliances, (d) shutting off water mains, gas mains, electric power connections and the suspension of all other utility services, (e) the conduct of civilians and the movement and cessation of movement of pedestrians and vehicular traffic during, prior and subsequent to drills or attack, (f) public meetings or gatherings under emergency conditions, and (g) the evacuation and reception of the civilian population.

(5) To take such action and give such directions to state and local law enforcement officers and agencies as may be reasonable and necessary for the purpose of securing compliance with the provisions of this article and with the orders, rules and regulations made pursuant thereto.

(6) To employ such measures and give such directions to the state or local boards of health as may be reasonably necessary for the purpose of securing compliance with the provisions of this article or with the findings or recommendations of such boards of health by reason of conditions arising from enemy attack or the threat of enemy attack or natural, man-made or technological disaster.

(7) To utilize the services and facilities of existing officers and agencies of the state and of the political subdivisions thereof; and all such officers and agencies shall cooperate with and extend their services and facilities to the Governor as he may request.

(8) To establish agencies and offices and to appoint executive, technical, clerical and other personnel as may be necessary to carry out the provisions of this article including, with due consideration to the recommendation of the local authorities, part-time or full-time state and regional area directors.

(9) To delegate any authority vested in him under this article, and to provide for the subdelegation of any such authority.

(10) On behalf of this state to enter into reciprocal aid agreements or compacts with other states and the federal government, either on a statewide basis or local political subdivision basis or with a neighboring state or province of a foreign country. Such mutual aid arrangements shall be limited to the furnishings or exchange of food, clothing, medicine and other supplies; engineering services; emergency housing; police services; national or state guards while under the control of the state; health, medical and related services; firefighting, rescue, transportation and construction services and equipment; personnel necessary to provide or conduct these services; and such other supplies, equipment, facilities, personnel and services as may be needed; the reimbursement of costs and expenses for equipment, supplies, personnel and similar items for mobile support units, firefighting and police units and health units; and on such terms and conditions as are deemed necessary.

(11) To sponsor and develop mutual aid plans and agreements between the political subdivisions of the state, similar to the mutual aid arrangements with other states referred to above.

(12) To collect information and data for assessment of vulnerabilities and capabilities within the borders of Mississippi as it pertains to the nation and state's security and homeland defense. This information shall be exempt from the Mississippi Public Records Act, Section 25-61-1 et seq.

(13) Authorize any agency or arm of the state to create a special emergency management revolving fund, accept donations, contributions, fees, grants, including federal funds, as may be necessary for such agency or arm of the state to administer its functions of this article as set forth in the Executive Order of the Governor.

(14) To authorize the Commissioner of Public Safety to select, train, organize and equip a ready reserve of auxiliary highway patrolmen.

(15) To suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives and combustibles.

(16) To control, restrict and regulate by rationing, freezing, use of quotas, prohibitions on shipments, price-fixing, allocation or other means, the use, sale or distribution of food, feed, fuel, clothing and other commodities, materials, goods or services.

(17) To proclaim a state of emergency in an area affected or likely to be affected thereby when he finds that the conditions described in Section 33-15-5(g) exist, or when he is requested to do so by the mayor of a municipality or by the president of the board of supervisors of a county, or when he finds that a local authority is unable to cope with the emergency. Such proclamation shall be in writing and shall take effect immediately upon its execution by the Governor. As soon thereafter as possible, such proclamation shall be filed with the Secretary of State and be given widespread notice and publicity. The Governor, upon advice of the director, shall review the need for continuing the state of emergency at least every thirty (30) days until the emergency is terminated and shall proclaim a reduction of area or the termination of the state of emergency at the earliest possible date that conditions warrant.

(18) To declare an emergency impact area when he finds that the conditions described in Section 33-15-5(o) exist. The proclamation shall be in writing and shall take effect immediately upon its execution by the Governor. As soon as possible, the proclamation shall be filed with the Secretary of State and be given widespread notice and publicity. The Governor shall review the need for continuing the declaration of emergency impact area at least every thirty (30) days until the emergency is terminated, and shall proclaim the reduction of the emergency impact area or termination of the declaration of emergency impact area at the earliest date or dates possible.

(c) In addition to the powers conferred upon the Governor in this section, the Legislature hereby expressly delegates to the Governor the following powers and duties in the event of an impending enemy attack, an enemy attack, or a man-made, technological or natural disaster where such disaster is beyond local control:

(1) To suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business, or the orders, rules or regulations of any state agency, if strict compliance with the provisions of any statute, order, rule or regulation would in any way prevent, hinder or delay necessary action in coping with a disaster or emergency.

(2) To transfer the direction, personnel or functions of state agencies, boards, commissions or units thereof for the purpose of performing or facilitating disaster or emergency services.

(3) To commandeer or utilize any private property if necessary to cope with a disaster or emergency, provided that such private property so commandeered or utilized shall be paid for under terms and conditions agreed upon by the participating parties. The owner of said property shall immediately be given a receipt for the said private property and said receipt shall serve as a valid claim against the Treasury of the State of Mississippi for the agreed upon market value of said property.

(4) To perform and exercise such other functions, powers and duties as may be necessary to promote and secure the safety and protection of the civilian population in coping with a disaster or emergency.

(d) This section does not authorize the Governor or a designee of the Governor to act in contravention of Section 33-7-303 .
Miss. Code Ann. § 33-13-25 — MS Code / Title 33 / Chapter 13 / 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. § 33-7-407 — MS Code / Title 33 / Chapter 7 / Section 7-407
Miss. Code Ann. § 33-7-407
Status: in_force

In addition to the prerequisites of Section 33-7-405 , the following requirements must be met:

(a) The active member must have completed basic training, be a commissioned officer, be a cadet or be an officer candidate.

(b) He must be a member in good standing with the active Mississippi National Guard, as prescribed by regulations promulgated by the Department of the Army, the Department of the Air Force and the Military Department of Mississippi, at the time of application and during the entire semester/quarter for which benefits are received.

(c) The active member must not be eligible for veterans' educational assistance pursuant to 38 USC Sections 1601 through 1643 or pursuant to 38 USC Sections 1651 through 1698 .

(d) The active member must not (i) be eligible for educational assistance pursuant to 10 USC Sections 2131 through 2135 , or (ii) have qualified for an enlistment bonus pursuant to 37 USC 308c within the past six (6) years. Nothing in this paragraph shall be construed to render ineligible any active member who is eligible for or has received a reenlistment bonus pursuant to 37 USC 308b . The Adjutant General is authorized and empowered, in his discretion, to waive the disqualifications for assistance, or any one of them, established in items (i) and (ii) of this paragraph upon a determination by him that all monies appropriated to fund the National Guard Educational Assistance Law will not be expended to provide benefits for eligible active members and that it would be in the best interests of the Mississippi National Guard to assist other active members who, but for the disqualifications established in this paragraph, would be eligible to receive assistance pursuant to this article.
Miss. Code Ann. § 33-13-25 — MS Code / Title 33 / Chapter 3 / 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. § 33-15-309 — MS Code / Title 33 / Chapter 1 / 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. § 33-13-611 — MS Code / Title 33 / Chapter 4 / 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. § 33-13-525 — MS Code / Title 33 / Chapter 13 / 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. § 33-11-5 — MS Code / Title 33 / Chapter 9 / 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. § 33-9-13 — MS Code / Title 33 / Chapter 5 / 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. § 33-13-463 — MS Code / Title 33 / Chapter 9 / 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. § 33-13-623 — MS Code / Title 33 / Chapter 9 / 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. § 33-13-419 — MS Code / Title 33 / Chapter 13 / Section 13-419
Miss. Code Ann. § 33-13-419
Status: in_force

Decisions of the United States Court of Appeals for the Armed Forces and of the Courts of Review of the Armed Forces of the United States shall be considered persuasive authority but will not be regarded as binding precedent unless adopted as such by the Mississippi Court of Military Appeals.
Miss. Code Ann. § 33-13-13 — MS Code / Title 33 / Chapter 4 / Section 13-13
Miss. Code Ann. § 33-13-13
Status: in_force

(1) This code applies throughout the state. It also applies to all persons otherwise subject to this code while they are serving outside the state in the same manner and to the same extent as if they were serving inside the state.

(2) Courts-martial and courts of inquiry may be convened and held in units of the state, with the same jurisdiction and power as to persons subject to this code as if the proceedings were held inside the state, and offenses committed outside the state may be tried and punished either inside or outside the state.
Miss. Code Ann. § 33-15-503 — MS Code / Title 33 / Chapter 15 / 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. § 33-15-37 — MS Code / Title 33 / Chapter 7 / 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. § 33-15-14 — MS Code / Title 33 / Chapter 3 / Section 15-14
Miss. Code Ann. § 33-15-14
Status: in_force

(1) The agency is responsible for maintaining a comprehensive statewide program of emergency management. The agency is responsible for coordination with efforts of the federal government with other departments and agencies of state government, with county and municipal governments and school boards and with private agencies that have a role in emergency management.

(2) In performing its duties under this article, the agency shall:

(a) Work with the Governor, or his representative, in preparing a State Comprehensive Emergency Management Plan of this state, which shall be integrated into and coordinated with the emergency management plans of the federal government and of other states to the fullest possible extent, and to coordinate the preparation of plans and programs for emergency management by the political subdivisions of the state, such local plans to be integrated into and coordinated with the emergency plan and program of this state. The plan must contain provisions to ensure that the state is prepared for emergencies and minor, major and catastrophic disasters, and the agency shall work closely with local governments and agencies and organizations with emergency management responsibilities in preparing and maintaining the plan. The State Comprehensive Emergency Management Plan will be operations oriented and:

(i) Include an evacuation component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of evacuation activities. This component must, at a minimum: ensure coordination pertaining to evacuees crossing county lines; set forth procedures for directing people caught on evacuation routes to safe shelter; and establish policies and strategies for emergency medical evacuations.

(ii) Include a shelter component that includes specific regional and interregional planning provisions and promotes coordination of shelter activities between the public, private and nonprofit sectors. This component must, at a minimum: contain strategies to ensure the availability of adequate public shelter space in each region of the state; establish strategies for refuge-of-last-resort programs; provide strategies to assist local emergency management efforts to ensure that adequate staffing plans exist for all shelters, including medical and security personnel; provide for a postdisaster communications system for public shelters; establish model shelter guidelines for operations, registration, inventory, power generation capability, information management and staffing; and set forth policy guidance for sheltering people with special needs.

(iii) Include a postdisaster response and recovery component that includes specific regional and interregional planning provisions and promotes intergovernmental coordination of postdisaster response and recovery activities. This component must provide for postdisaster response and recovery strategies according to whether a disaster is minor, major or catastrophic. The postdisaster response and recovery component must, at a minimum: establish the structure of the state's postdisaster response and recovery organization; establish procedures for activating the state's plan; set forth policies used to guide postdisaster response and recovery activities; describe the chain of command during the postdisaster response and recovery period; describe initial and continuous postdisaster response and recovery actions; identify the roles and responsibilities of each involved agency and organization; provide for a comprehensive communications plan; establish procedures for monitoring mutual aid agreements; provide for rapid impact assessment teams; ensure the availability of an effective statewide urban search and rescue program coordinated with the fire services; ensure the existence of a comprehensive statewide medical care and relief plan administered by the State Department of Health; and establish systems for coordinating volunteers and accepting and distributing donated funds and goods.

(iv) Include additional provisions addressing aspects of preparedness, response and recovery, as determined necessary by the agency.

(v) Address the need for coordinated and expeditious deployment of state resources, including the Mississippi National Guard. In the case of an imminent major disaster, procedures should address predeployment of the Mississippi National Guard, and, in the case of an imminent catastrophic disaster, procedures should address predeployment of the Mississippi National Guard and the United States Armed Forces. This subparagraph (v) does not authorize the agency to call out and deploy the Mississippi National Guard, which authority and determination rests solely with the Governor.

(vi) Establish a system of communications and warning to ensure that the state's population and emergency management agencies are warned of developing emergency situations and can communicate emergency response decisions.

(vii) Establish guidelines and schedules for annual exercises that evaluate the ability of the state and its political subdivisions to respond to minor, major and catastrophic disasters and support local emergency management agencies. Such exercises shall be coordinated with local governments and, to the extent possible, the federal government.

(viii)1. Assign lead and support responsibilities to state agencies and personnel for emergency support functions and other support activities.

2. The agency shall prepare an interim postdisaster response and recovery component that substantially complies with the provisions of this paragraph (a). Each state agency assigned lead responsibility for an emergency support function by the State Comprehensive Emergency Management Plan shall also prepare a detailed operational plan needed to implement its responsibilities. The complete State Comprehensive Emergency Management Plan shall be submitted to the Governor no later than January 1, 1996, and on January 1 of every even-numbered year thereafter.

(b) Adopt standards and requirements for county emergency management plans. The standards and requirements must ensure that county plans are coordinated and consistent with the State Comprehensive Emergency Management Plan. If a municipality elects to establish an emergency management program, it must adopt a city emergency management plan that complies with all standards and requirements applicable to county emergency management plans.

(c) Assist political subdivisions in preparing and maintaining emergency management plans.

(d) Review periodically political subdivision emergency management plans for consistency with the State Comprehensive Emergency Management Plan and standards and requirements adopted under this section.

(e) Make recommendations to the Legislature, building code organizations and political subdivisions for zoning, building and other land use controls, safety measures for securing mobile homes or other nonpermanent or semipermanent structures; and other preparedness, prevention and mitigation measures designed to eliminate emergencies or reduce their impact.

(f) In accordance with the State Comprehensive Emergency Management Plan and program for emergency management, ascertain the requirements of the state, its political subdivisions and the Mississippi Band of Choctaw Indians for equipment and supplies of all kinds in the event of an emergency; plan for and either procure supplies, medicines, materials and equipment or enter into memoranda of agreement or open purchase orders that will ensure their availability; and use and employ from time to time any of the property, services and resources within the state in accordance with this article.

(g) Anticipate trends and promote innovations that will enhance the emergency management system.

(h) Prepare and distribute to appropriate state and local officials catalogs of federal, state and private assistance programs.

(i) Implement training programs to improve the ability of state and local emergency management personnel to prepare and implement emergency management plans and programs, and require all local civil defense directors or emergency management directors to complete such training as a condition to their authority to continue service in their emergency management positions.

(j) Review periodically emergency operating procedures of state agencies and recommend revisions as needed to ensure consistency with the State Comprehensive Emergency Management Plan and program.

(k) Prepare, in advance whenever possible, such executive orders, proclamations and rules for issuance by the Governor as are necessary or appropriate for coping with emergencies and disasters.

(l) Cooperate with the federal government and any public or private agency or entity in achieving any purpose of this article.

(m) Assist political subdivisions with the creation and training of urban search and rescue teams and promote the development and maintenance of a state urban search and rescue program.

(n) Delegate, as necessary and appropriate, authority vested in it under this article and provide for the subdelegation of such authority.

(o) Require each county or municipality to designate an agent for working with the agency in the event of a natural disaster. The county or municipality may designate any person as agent who has completed training programs required of emergency management directors.

(p) Report biennially to the Governor and the President of the Senate, and the Speaker of the House of Representatives, no later than January 1 of every odd-numbered year, the status of the emergency management capabilities of the state and its political subdivisions.

(q) In accordance with Section 25-43-1 et seq. , create, implement, administer, promulgate, amend and rescind rules, programs and plans needed to carry out the provisions of this article with due consideration for, and in cooperating with, the plans and programs of the federal government.

(r) Have the sole power and discretion to enter into, sign, execute and deliver long-term or multiyear leases of real and personal property with other state and federal agencies.

(s) Do other things necessary, incidental or appropriate for the implementation of this article.

(t) In accordance with Section 33-15-15 , create, implement, administer, promulgate, amend and rescind rules regarding the development of the Mississippi Disaster Reservist Program.

(u) Unless otherwise instructed by the Governor, sponsor and develop mutual aid plans and agreements between the political subdivisions of the state and the Mississippi Band of Choctaw Indians similar to the mutual aid arrangements with other states referenced in Section 33-15-11(b)(10) .
Miss. Code Ann. § 33-11-19 — MS Code / Title 33 / Chapter 1 / Section 11-19
Miss. Code Ann. § 33-11-19
Status: in_force

(a) The Adjutant General, subject to the approval of the Governor, is hereby authorized and empowered to negotiate for, accept and approve projects, proposals, contracts and agreements for the construction, reconstruction, expansion, conversion, purchase, lease, repair, rehabilitation, improvement, equipping, furnishing, maintenance and operation, in whole or in part with federal funds, of armories, camps, ranges, bases or any building, structure or facility for the organized militia.

(b) When federal funds are made available or provided by the United States to the state either directly or by way of reimbursement in whole or in part for any monies expended by the state for the construction, demolition, reconstruction, expansion, conversion, purchase, lease, repair, rehabilitation, improvement, equipping, furnishing, maintenance and operation of any armory, camp, range, base, building, structure or facility for the organized militia, the Adjutant General of the state is hereby authorized to receive such funds in behalf of the state.
Miss. Code Ann. § 33-13-23 — MS Code / Title 33 / Chapter 1 / Section 13-23
Miss. Code Ann. § 33-13-23
Status: in_force

Any person subject to this code charged with an offense under this code shall be ordered into arrest or confinement as circumstances may require; but when charged with only an offense normally tried by a summary court-martial, such person shall not ordinarily be placed in confinement unless a threat to himself or others. When any person subject to this code is placed in arrest or confinement prior to trial, immediate steps shall be taken to inform him of the specific wrong of which he is accused and to try him or to dismiss the charges and release him. Persons confined other than in a guardhouse, whether before, during or after trial by a military court, shall be confined in civil institutions designated by the Adjutant General.
Miss. Code Ann. § 33-7-203 — MS Code / Title 33 / Chapter 7 / Section 7-203
Miss. Code Ann. § 33-7-203
Status: in_force

Every person who enlists or reenlists in any force of the organized militia shall sign an enlistment contract and shall take and subscribe such oath or affirmation of enlistment as may be prescribed by applicable laws of the United States and the State of Mississippi and by regulations issued pursuant to this chapter. Such oath shall be taken and subscribed before any commissioned officer; provided, however, that enlisted personnel may also take and subscribe such oath before any warrant officer. A person making a false oath as to any statement contained in such enlistment contract shall, upon conviction, be deemed guilty of perjury.
Miss. Code Ann. § 33-13-319 — MS Code / Title 33 / Chapter 11 / Section 13-319
Miss. Code Ann. § 33-13-319
Status: in_force

(1) If an accused after arraignment makes an irregular pleading, or after a plea of guilty sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently or through a lack of understanding of its meaning and effect, or if he fails or refuses to plead, a plea of not guilty shall be entered in the record, and the court shall proceed as if he had pleaded not guilty.

(2) With respect to any charge or specification to which a plea of guilty has been made by the accused and accepted by the military judge, or by a summary court officer, a finding of guilty of the charge or specification may be entered immediately without vote. This finding shall constitute the finding of the court unless the plea of guilty is withdrawn prior to the announcement of the sentence, in which event the proceedings shall continue as though the accused had pleaded not guilty.
Miss. Code Ann. § 33-13-429 — MS Code / Title 33 / Chapter 4 / 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. § 33-13-151 — MS Code / Title 33 / Chapter 11 / Section 13-151
Miss. Code Ann. § 33-13-151
Status: in_force

The three (3) kinds of courts-martial in each of the state military forces are:

(a) General court-martial consisting of:

(i) A military judge and not less than six (6) members; or

(ii) Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed of a military judge and the military judge approves;

(b) Special court-martial, consisting of:

(i) Not less than three (3) members; or

(ii) A military judge and not less than three (3) members; or

(iii) Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in paragraph (a)(ii) so requests; and

(c) Summary court-martial, consisting of one (1) commissioned officer in the grade of major or above, who shall be a military judge licensed to practice law in this state, or a judge advocate licensed to practice law in this state.
Miss. Code Ann. § 33-15-205 — MS Code / Title 33 / Chapter 4 / 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. § 33-7-17 — MS Code / Title 33 / Chapter 7 / Section 7-17
Miss. Code Ann. § 33-7-17
Status: in_force

All officers and men of the Mississippi National Guard shall be furnished with such arms and equipment as are prescribed by the federal government for the proper performance of their military duty. These supplies and such equipage as may be necessary for the proper equipment of all organizations will be issued, under such regulations as the commander in chief may prescribe, upon approved requisitions.

Every officer and enlisted man shall be responsible for the care, safekeeping, and return of any uniform, arms or any other military property delivered to him for his use. He shall use the same for military purposes only, and upon receiving a discharge or otherwise leaving the military service, or upon the demand of his commanding officer, or other military authority, shall forthwith deliver such uniform, arm, or other military property to an officer competent to receive same, the property so turned in to be in good order, reasonable use and ordinary wear thereof excepted. Any person violating the provisions of this section will be guilty of a misdemeanor, and upon conviction before any court of competent jurisdiction, shall be punished by a fine not exceeding Two Hundred Dollars ($200.00) or by imprisonment in the county jail not to exceed six (6) months, or both such fine and imprisonment, or he may be punished as a court-martial may direct.
Miss. Code Ann. § 33-13-615 — MS Code / Title 33 / Chapter 13 / 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. § 33-9-11 — MS Code / Title 33 / Chapter 3 / Section 9-11
Miss. Code Ann. § 33-9-11
Status: in_force

The Adjutant General and the Comptroller of the Military Department are responsible for all obligations or indebtedness incurred in the name of the agency or by any employee for them when incurred by such employee acting within the scope of his or her employment. All bills, claims and demands against Military Department funds shall be certified or verified in the manner prescribed by regulations promulgated by the State Auditor and State Treasurer.

Purchase orders will be signed by the Adjutant General, comptroller or such other persons as the Adjutant General may designate in writing to the State Auditor. Requisitions for issuance of warrant will be signed by persons designated by the Adjutant General and will be approved by the Adjutant General, comptroller or such other persons as the Adjutant General may designate in writing to the State Auditor.
Miss. Code Ann. § 33-7-103 — MS Code / Title 33 / Chapter 3 / Section 7-103
Miss. Code Ann. § 33-7-103
Status: in_force

All officers of the Mississippi National Guard, except the Adjutant General, shall hold office until retired for age or disability, be honorably discharged at their own request, or be dismissed pursuant to a sentence of a general court-martial. The Governor may, however, at his discretion, refuse to accept the resignation of an officer. If an organization of the Mississippi National Guard be disbanded or mustered out of the service, such officers of said organization shall be put on the reserve list, subject to the further needs of the National Guard. If any officer of the Mississippi National Guard leaves the jurisdiction of the state and leaves his company or organization station for such a length of time that he ceases to exercise the functions of his commission or warrant so as to cease to be an officer in fact, his action will be deemed to have the effect of a resignation, and his commission may be terminated by the Governor. However, the Governor shall have the power to grant an officer a leave of absence for any reasonable length of time without prejudice to his commission or warrant.
Miss. Code Ann. § 33-15-503 — MS Code / Title 33 / Chapter 4 / 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. § 33-13-505 — MS Code / Title 33 / Chapter 13 / Section 13-505
Miss. Code Ann. § 33-13-505
Status: in_force

(1) All persons subject to this code shall secure all public property taken from the enemy for the service of the State of Mississippi or the United States, and shall give notice and turn over to the proper authority without delay all captured or abandoned property in their possession, custody or control.

(2) Any person subject to this code who:

(a) Fails to carry out the duties prescribed in subsection (1);

(b) Buys, sells, trades or in any way deals in or disposes of captured or abandoned property, whereby he receives or expects any profit, benefit or advantage to himself or another directly or indirectly connected with himself; or

(c) Engages in looting or pillaging; shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-9-19 — MS Code / Title 33 / Chapter 3 / Section 9-19
Miss. Code Ann. § 33-9-19
Status: in_force

Any officer or enlisted man taking any government property from any military installation without the consent of his unit commander shall be considered as appropriating government property for his own use and may be tried in any court of competent jurisdiction and on conviction thereof shall suffer a fine in any sum, not exceeding One Hundred Dollars ($100.00), together with the cost of such government property, or imprisonment in the county jail for a period not exceeding sixty (60) days, or shall suffer both fine and imprisonment.
Miss. Code Ann. § 33-13-627 — MS Code / Title 33 / Chapter 11 / 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. § 33-13-301 — MS Code / Title 33 / Chapter 5 / Section 13-301
Miss. Code Ann. § 33-13-301
Status: in_force

The pretrial, trial and post-trial procedures, including modes of proof, in cases before military courts and other military tribunals and courts of inquiry may be prescribed by the Governor by regulations which shall, so far as he considers practicable, apply the principles of law and the rules of evidence generally recognized in the trial of criminal cases in the courts of the State of Mississippi but which may not be contrary to or inconsistent with this code.
Miss. Code Ann. § 33-7-109 — MS Code / Title 33 / Chapter 7 / Section 7-109
Miss. Code Ann. § 33-7-109
Status: in_force

Officers of all grades will be assigned to units or arms of the service and will be transferred from one unit or arm of the service to another by order of the commander in chief as the interest of the service may require; and all appointments will be by commission or warrant in the Mississippi National Guard, and not in any particular unit, and all commissions and warrants now in effect will be considered as such.
Miss. Code Ann. § 33-13-353 — MS Code / Title 33 / Chapter 13 / Section 13-353
Miss. Code Ann. § 33-13-353
Status: in_force

The punishment which a court-martial may direct for an offense may not exceed the limits prescribed by this code or by federal law.
Miss. Code Ann. § 33-13-251 — MS Code / Title 33 / Chapter 7 / 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. § 33-15-501 — MS Code / Title 33 / Chapter 7 / Section 15-501
Miss. Code Ann. § 33-15-501
Status: in_force

There is established the Mississippi County and Municipality Emergency Relief Program, which shall be administered by the Mississippi Emergency Management Agency for the purpose of reimbursing counties and municipalities for eligible expenditures incurred in response to the COVID-19 pandemic.
Miss. Code Ann. § 33-11-15 — MS Code / Title 33 / Chapter 1 / Section 11-15
Miss. Code Ann. § 33-11-15
Status: in_force

The Adjutant General of Mississippi, in his discretion, subject to the approval of the Governor and the Attorney General, is hereby authorized and empowered to execute leases to the United States of America on lands held through deed or lease by the State of Mississippi for National Guard purposes, for the purpose of securing construction of air National Guard armories thereon at the expense of the federal government. Likewise, the governing board of any county, municipality or school district is authorized to lease lands to the United States for such purpose, and the Adjutant General of Mississippi and said governing boards are authorized to execute such instruments as may be necessary to carry out the purposes of this section.
Miss. Code Ann. § 33-15-209 — MS Code / Title 33 / Chapter 15 / 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. § 33-15-551 — MS Code / Title 33 / Chapter 3 / Section 15-551
Miss. Code Ann. § 33-15-551
Status: in_force

(1) This section shall be known and may be cited as the “Mississippi Regional Pre-Need Disaster Clean Up Act.”

(2) For the purposes of this section, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) “ Disaster-related ” means arising out of a severe weather event or other emergency as declared by the Governor.

(b) “ Pre-Need ” means a contract entered into in advance of the need for the goods or services, such that the contracted entity is retained before the need for performance of the contract.
Miss. Code Ann. § 33-13-335 — MS Code / Title 33 / Chapter 7 / 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. § 33-13-613 — MS Code / Title 33 / Chapter 3 / 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. § 33-13-491 — MS Code / Title 33 / Chapter 13 / 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. § 33-13-151 — MS Code / Title 33 / Chapter 4 / Section 13-151
Miss. Code Ann. § 33-13-151
Status: in_force

The three (3) kinds of courts-martial in each of the state military forces are:

(a) General court-martial consisting of:

(i) A military judge and not less than six (6) members; or

(ii) Only a military judge, if before the court is assembled the accused, knowing the identity of the military judge and after consultation with defense counsel, requests in writing a court composed of a military judge and the military judge approves;

(b) Special court-martial, consisting of:

(i) Not less than three (3) members; or

(ii) A military judge and not less than three (3) members; or

(iii) Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those prescribed in paragraph (a)(ii) so requests; and

(c) Summary court-martial, consisting of one (1) commissioned officer in the grade of major or above, who shall be a military judge licensed to practice law in this state, or a judge advocate licensed to practice law in this state.
Miss. Code Ann. § 33-13-479 — MS Code / Title 33 / Chapter 4 / Section 13-479
Miss. Code Ann. § 33-13-479
Status: in_force

Any person subject to this code who:

(a) Strikes his superior commissioned officer or draws or lifts up any weapon or offers any violence against him while that officer is in the execution of his office; or

(b) Willfully disobeys a lawful command of his commissioned officer; shall be punished as a court-martial may direct.
Miss. Code Ann. § 33-13-525 — MS Code / Title 33 / Chapter 7 / 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.