Offenders convicted as habitual offenders pursuant to Sections 99-19-81 through
Shockingly, 40% of those serving life as habitual offenders are locked [] is less, of the sentence or sentences imposed by the trial court; 3. of the conviction for the crime, if the person was not incarcerated for the
"nonviolent crime" means a felony*** other than homicide, robbery, manslaughter, sex crimes,
AFFIRMATIVE VOTE OF AT LEAST FOUR MEMBERS OF THE MISSISSIPPI PAROLE BOARD TO
The bill will now go to the Senate, where . Were dealing with having to go to Mississippi and take care of her down there, Warren said. An April 23 report by the states Joint Legislative Committee on Performance Evaluation and Expenditure Review on the Mississippi Department of Corrections found inmate-on-inmate assaults rose from 663 to 853 between the 2019 and 2020 budget years a 29% increase. or major violation report within the past six (6) months; (d) The inmate has agreed to the
chapter before the board and to be interviewed. shall be funded through a separate line item within the general appropriation
offender is eligible for release by parole, notice shall also be given within
the board unless and until notice of the filing of such application shall have
That means there will be a forum in which evidence supporting and contesting release will be considered. or 97539(1)(b), 97539(1)(c) or a violation of
setting forth the cause for deviating from the maximum sentence, and such
And not all are eligible we were able to ensure 1st and 2nd degree murderers cant get it. of its acts and shall notify each institution of its decisions relating to the
sex offense as defined in Section 45-33-23(h) shall not be released on
program as a condition of parole. LegiScan is an impartial and nonpartisan legislative tracking and reporting service utilizing GAITS and LegiScan API, not less than onefourth (1/4) of the total of such
The little law ensures someone with two prior convictions will serve the maximum possible sentence for their third felony. crime or an offense that specifically prohibits parole release shall be
eligible for parole. convicted as a habitual offender under Sections 991981 through 991987,
Any offense to which an offender is sentenced to life imprisonment under the
person is sentenced as a habitual offender under Sections 99-19-***8183 through 99-19-87; ***2b. as required by Section 47-7-17. (1/4) of the sentence or sentences imposed by the trial court. of Corrections for a definite term or terms of one (1) year or over, or for the
explain the conditions set forth in the case plan. Mississippi has two habitual laws, often referred to as the " little habitual law " and the " big habitual law ," said Bennett. No inmate shall be eligible for parole under
99-19-81 through 99-19-87 shall be eligible for parole, unless the person was
The parole eligibility date shall not be
parole supervision on the inmate's parole eligibility date, without a hearing
This paragraph (c)(ii) shall
(4) A hearing shall be held with the board if
the age of sixty (60) or older and who has served no less than ten (10) years and
the legal custody of the department from which he was released and shall be
2014. (***23) Notwithstanding any other provision
convicted on or after July 1, 2014; (g) (i) No person who, on or after July 1, 2014, is
writing of the inmate's compliance or noncompliance with the case plan. educational development and job-training programs that are part of his
history, his conduct, employment and attitude while in the custody of the
limited to: (a) Programming and
Habitual offender. person serving a sentence who has reached the age of sixty (60) or older and
Employees of the
by the board before the board makes a decision regarding release on parole. Without that proper infrastructure in place, additional parole reforms (habitual offenders or otherwise) could put public safety at risk, and that is not fair to the public at large, crime victims, or parolees, Martin said in her email. The "little" law ensures someone with two prior convictions will serve the maximum possible sentence for their third felony. (***78) The Parole Board shall provide
not be eligible for parole. House burglary and manslaughter are cases that the parole board, until July 1, have not seen, added Pickett. If the board determines that the inmate has not substantively complied
including, but not limited to, programs required as part of the case plan,
senior circuit judge must be recused, another circuit judge of the same
offense that specifically prohibits parole release; (v) Any offense
felonious abuse of vulnerable adults, felonies with enhanced penalties, except
Those persons sentenced for robbery with
The tentative parole hearing date shall be
held, the board may determine the inmate has sufficiently complied with the
spends no more than six (6) months in a transitional reentry center. All persons sentenced for a nonviolent offense after
members. information on a parolee at the end of his parole or flat-time date. Any inmate that has not been convicted of a crime of violence may petition the trial court for parole eligibility after serving only 25% of their sentence. parolees released after a hearing. AN ACT ENTITLED THE "MISSISSIPPI EARNED PAROLE
(3) With respect to
47-7-18, Mississippi Code of 1972, is amended as follows: 47-7-18 (1)*** Each No inmate convicted of a sex offense
The inmate has not served onefourth (1/4) of the sentence imposed by the
has furnished in writing a current address to the board for such purpose. improve the likelihood of*** him or her the offender becoming a law-abiding
This act shall be known and may be cited as the "Mississippi Earned Parole
Notwithstanding any other provision of law, an inmate who has not been
program prior to parole or the offender may be required to complete a post-release
prisoner, has served not less than ten (10) years of such life sentence, may be
This was commonly referred to as good time and was completely distinct from parole. If you or a loved one need help to understand a parole situation, or would like to seek legal representation for parole proceedings, please contact The Coon Law Firm today. If
Brown is challenging the state's habitual offender law that ensured she would receive life without parole before the U.S. Supreme Court, which will decide what action to take on the case. treatment requirements based on the results of a risk and needs assessment; (b) Any programming or
Asked about the governor's thoughts towards reforming habitual offender laws, press secretary Bailey Martin wrote in a June 11 email, "Governor Reeves believes that Mississippi should focus on . "Alabama's Habitual Felony Offender Act is the harshest repeat offender law in the Southeast, with the exception of Mississippi," reads a February 2021 open letter signed by 165 Alabama lawyers, law professors and former judges. SECTION 10. for parole of a person convicted of a capital offense shall be considered by
eligibility date, he or she shall have a hearing before the board to determine
(a)
I think a lot of the phone calls we receive get people so excited when they hear, Oh, they passed a new law and this is going to happen. And thats not necessarily applying to them, said board member Betty Lou Jones. hearing required. July 1, 1982, through the display of a deadly weapon. "The primary . denies parole, the board may schedule a subsequent parole hearing and, if a new
Published: Jun. his parole eligibility date. offender may be required to complete a postrelease drug and alcohol
2060 Main St. or for the term of his or her natural life, whose record of conduct shows that
convicted of a drug or driving under the influence felony, the offender must
47-7-15, Mississippi Code of 1972, is amended as follows: 47-7-15. Nonviolent
and nonhabitual offenders. Every offender while on parole shall remain in
When the board determines
More than 4,100 people in Louisiana are currently serving life without parole sentences, with nearly 300 of them serving life as habitual offenders. (3) The State Parole Board
shall complete annual training developed based on guidance from the National
earlier than one-fourth (1/4) of the prison sentence or sentences imposed by
abuse, or exploitation or any crime under Section 97-5-33 or Section 97-5-39(2)
Any person eligible for
PROVIDE THAT THE VICTIM OR DESIGNATED FAMILY MEMBER SHALL BE PROVIDED AN
SECTION 5. approved by the board. Those persons sentenced for robbery with a deadly weapon as defined by Section
shall have absolute immunity from liability for any injury resulting from a
person under the age of nineteen (19) years of age who has been convicted under
exploitation or any crime under Section 97533 or Section 97539(2)
No
sentenced for the term of the natural life of such person. 3. Upon determination by the board that an
An offender incarcerated
later than thirty (30) days prior to the month of eligibility. term of his or her natural life, whose record of conduct shows that such
Section
crimes, nonviolent crimes and geriatric parole shall not be earlier than the
committing the crime of possession of a controlled substance under the Uniform
Early last year, the Justice Department launched an investigation into Mississippi prisons after numerous inmate deaths. CHANGES; AND FOR RELATED PURPOSES. *** Before ruling on the application for parole of any
The inmate is sentenced for a crime of violence under Section 97-3-2; 3. 47-7-3.1, Mississippi Code of 1972, is amended as follows: 47-7-3.1. LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. the natural life of such prisoner, has served not less than ten (10) years of
JACKSON, Miss. 99-19-87; (c)
to the board who shall be responsible for all administrative and general
No application
With respect to parole-eligible inmates admitted
twenty-four (24) months of his parole eligibility date and who meets the
to consider information relevant to public safety risks posed by the inmate if
provide notice to the victim or the victim's family member of the filing of the
Offenders serving a sentence for a sex offense; or. Parole Board members say the biggest misconception is that prisoners will be released all at once but the process is much more complex and time consuming. requested the board conduct a hearing; (c) The inmate has not received a serious
And at some point, why not let her go home?, This story was produced by the nonprofit Mississippi Center for Investigative Reporting. F.
All rights reserved. 4. The inmate is sentenced for an offense that specifically prohibits parole release; 4. shall appoint the members with the advice and consent of the Senate. protest against granting an offender parole shall not be treated as the
There are still some things that have to be worked on, but Im just glad we were able to at least start the process, said Barnett. influence felony, the offender must complete a drug and alcohol rehabilitation
Department of Corrections for a definite term or terms of one (1) year or over,
Here is a preview of . for committing the crime of sale or manufacture of a controlled substance shall be eligible for parole after serving onefourth (1/4) of the sentence
In
publish the information. not apply to persons convicted after July 1, 2014; (***dc) Murder. sentences imposed by the trial court. as practical, complete training for first-time Parole Board members developed
parole-eligible inmate receives the case plan, the department shall send the
inmates admitted to the department's custody after July 1, 2021, the
provisions to the contrary in this section, a person who was sentenced under this
convicted of a crime of violence pursuant to Section 9732, a sex
authority or responsibility for supervision of offenders granted a release for
such prisoner has observed the rules of the department, and who has served*** not less than onefourth (1/4) of the total of such
(b) Offenders convicted as habitual offenders pursuant to Sections 99-19-81 through 99-19-87; (c) Offenders serving a sentence for a sex offense; or (d) Offenders serving a sentence for trafficking pursuant to Section 41-29-139(f). The law also contains a significant change for non-violent offenders. Fifty percent (50%) or twenty (20) years, whichever is less, of a sentence for
hearing date for each eligible offender taken into the custody of the
For purposes of this paragraph,
In 2021, the governor of Mississippi Tate Reeves signed a new bill into law that should counteract these habitual offender laws. (10) This section shall
June 30, 1995, shall be eligible for parole only after they have served twenty-five
or both, shall be released on parole without a hearing before the Parole Board
violence as defined in Section 97-3-2 shall be required to have a parole
We know that long sentences with no ability to earn parole or any type of release is devastating for people, its devastating for their families, Bennett said. of the parole case plan established pursuant to Section 47-7-3.1; (b) A victim of the offense has not
BE IT ENACTED BY THE
Section
date pursuant to Section 47-7-17. a sexrelated crime shall require the affirmative vote of three (3)
convicted of a crime of violence pursuant to Section 9732, a sex
inmate's progress toward completion of the case plan. Drummer had previously been convicted of voluntary manslaughter in 1992 and aggravated assault in 1998. center. Parole Board, created under former Section 47-7-5, is hereby created, continued
SECTION 7. other than homicide, robbery, manslaughter, sex crimes,
shall be in jeopardy of noncompliance with the case plan and may be denied
The new law provides that violent offenders are eligible for parole after serving 50% of their sentence or twenty years, whichever is shorter. The bill, known as SB2795, would mitigate both aforementioned codes and allows prisoners the opportunity for parole. release. Before the bill passed, only those who had served 25% of their sentence, which can be more than 10 years, were eligible, according to Bennett. pursuant to Section 47-5-177. Pickett says the law change will make around 4,000 offenders eligible for parole. The board shall, within thirty (30) days prior to the scheduled
No person shall be eligible for parole who shall, on or after October 1, 1994,
specifically prohibits parole release; Within ninety (90) days of admission, the department
A lot of people talked about it like it was an automatic release bill, and it is not, said Bennett. Except as provided in Section 47-7-18, the parole hearing
least every year, except inmates sentenced for a crime of violence, as
1, 1994, through the display of a deadly weapon. and staff, shall be immune from civil liability for any official acts taken in
recommendations upon request of the Governor. shall be eligible for parole; (b) Sex
requirements in this subsection (1) and this paragraph. consultation with the Parole Board, the department shall develop a case plan
SECTION 6. is sentenced for a sex crime; or. Seventy-five percent (75%) of a sentence for robbery with a deadly weapon as
offense as defined in Section 45-33-23(h); (ii)
4129139(f); 5. eighteen (18) to twenty-five (25) years of age at the time the crime was
require a parole-eligible offender to have a hearing as required in this
By: Senator(s) Barnett, Jackson (11th), Sparks, Butler,
She (Drummer) could have had probation and been home by now.. Controlled Substances Law after July 1, 1995, including an offender who
seq., through the display of a firearm or drive-by shooting as provided in
have served ten (10) years if sentenced to a term or terms of more than ten
If such person is
Parole for non-violent offenders. of breath, saliva or urine chemical analysis test, the purpose of which is to
The final bill would provide parole eligibility for non-violent offenders, violent offenders who have served 50% or 20 years of their sentence, and non-violent and non-habitual drug offenders. good time or any other administrative reduction of time which shall reduce the
semiannually to the Oversight Task Force the number of parole hearings held,
programs to facilitate the fulfillment of the case plans of parole-eligible
any other administrative reduction of time which shall reduce the time
The new law provides that avenue for leniency by permitting non-violent habitual offenders to petition the sentencing judge for parole eligibility after serving a quarter of their sentence. drug and alcohol program as a condition of parole. any person who shall commit robbery, attempted robbery, carjacking or a drive-by
shall submit an explanation documenting these concerns for the board to
court. All persons convicted of any other offense on or after
probation. ineligible for parole, including the circumstances of his offense, his previous
a sexrelated crime shall require the affirmative vote of three (3)
796, which amends the state's habitual offender laws, commonly referred to as the "three strikes laws.". 2021 regular session. The percentage of prisoners re-incarcerated within 36-months exceeded 30% from FY 2016 to FY 2020, with a low of 31% in FY 2017 and high of 37.4% in FY 2020. parole board if, after the sentencing judge or if the sentencing judge is
(4) A letter of
ELIGIBILITY ACT"; TO AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO
Section
As of July 1, 1995 all sex crimes became mandatory. prisoner convicted person sentenced as a confirmed and
contained in this section shall apply retroactively from and after July 1,
Asked about the governor's thoughts towards reforming habitual offender laws, press secretary Bailey Martin wrote in a June 11 email, "Governor Reeves believes that Mississippi should focus on a full, multi-year implementation of the criminal justice reforms passed in 2014 and 2021 before any additional legislation regarding habitual . (1) Within
Section 4129147, the sale or manufacture of a controlled
Section
preserve all records and papers pertaining to the board. sentenced for a sex offense as defined in Section 45-33-23(h), except for a
The boards current case load involves seeing around 800 people a month and they expect for the next six months or so that could increase to around 1,800. date shall occur when the offender is within thirty (30) days of the month of
shooting on or after October 1, 1994, through the display of a deadly weapon. requirements in accordance with the rules and policies of the department. However, those not eligible are sex offenders, human traffickers, murderers, capital offenders and habitual offenders.
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