§ 39-6-51. Confinement as sentence -- Penal institutions.

(1) A sentence of confinement imposed by a military court, whether or not it includes discharge or dismissal and whether or not the discharge or dismissal has been executed, may be carried into execution by confinement in any place of confinement under the control of any of the forces of the National Guard or in any jail, penitentiary, or prison under the control of the state or of any political subdivision of the state.

(2) If the words "hard labor" are not included in a sentence or punishment imposed by a court martial imposing confinement, the authority executing the sentence or punishment is not prohibited from requiring hard labor as a part of the sentence or punishment.

(3) The keepers, officers, sheriffs, and wardens of penal institutions of the state and its political subdivisions designated by the governor or his designee under Section 39-6-10 shall:

(a) receive persons ordered into confinement before trial and persons committed to confinement by a military court;

(b) confine them according to law; and

(c) receive or confine a person under this chapter without assessing any fee or charge.

Amended by Chapter 9, 1988 Special Session 2