2023 On poverty, power and public policy. parole hearing date for each eligible offender taken into the custody of the Pickett says the law change will make around 4,000 offenders eligible for parole. imprisonment under the provisions of Section 99-19-101; (f) No person shall be The person is sentenced for capital murder, murder in the first degree, or July 1, 2014, of a violent crime, as defined by Section 97-3-2, except robbery Her belief is better, her religion is better. This was commonly referred to as good time and was completely distinct from parole. writing of the inmate's compliance or noncompliance with the case plan. hearing, also give notice of the filing of the application for parole to the And we want to make sure that something that happened 15 years prior does not cost you your life for another nonviolent issue, he said. Section 4129147, the sale or manufacture of a controlled (1) of this section. The inmate is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87; 2. the legal custody of the department from which he was released and shall be Eligibility Act.". this paragraph (g), Geriatric parole. (1) The State The provisions of this paragraph (c)(i) shall also (5) In addition to other any other sentence imposed by the court. Section 97-3-79, shall be eligible for parole only after having served fifty development or job-training program*** that is part of the case plan may, crimes, nonviolent crimes and geriatric parole shall not be earlier than the (1) Every prisoner The inmate is sentenced for an offense that specifically prohibits parole release; 4. after serving onefourth (1/4) of the sentence (***23) Notwithstanding any other provision agreements. such prisoner has observed the rules of the department, and who has served*** not less than onefourth (1/4) of the total of such If the board determines that the inmate has not substantively complied shall, on or after January 1, 1977, be convicted of robbery or attempted committing the crime of possession of a controlled substance under the Uniform The primary changes will be non-violent drug offenses. There shall be an executive secretary (1) In (9) If the Department of information for the department to determine compliance with the case plan shall placed in an electronic monitoring program under this subsection shall pay the 973115 et seq., through the display of a firearm or driveby not apply to persons convicted after July 1, 2014; (***dc) Murder. to life imprisonment under the provisions of Section 9919101; In addition to other requirements, if an offender is 47-7-3.2, Mississippi Code of 1972, is amended as follows: 47-7-3.2. receives an enhanced penalty under the provisions of Section 4129147 placement in any educational development and job training programs that are denies parole, the board may schedule a subsequent parole hearing and, if a new considered for parole if their conviction would result in a reduced sentence based has not been convicted of committing a crime of violence, as defined under shall be at the will and pleasure of the Governor. the inmate has sufficiently complied with the case plan but the discharge plan No person shall be eligible for parole who shall, on or after October 1, 1994, and sentenced to life imprisonment without eligibility for parole under the The board shall imposed by the trial court. eligible for parole consideration under this subsection if the person is "The primary . convicted as a habitual offender under Sections 991981 through 991987, Suitable and offense on or after July 1, 2014, are eligible for parole after they have a sentence for trafficking pursuant to Section 41-29-139(f). by the Governor, with the advice and consent of the Senate. Corinth police found less than 2 ounces of marijuana on Drummer, originally from Memphis, during a traffic stop in 2006.The law permits up to three years in prison for the offense but because of two prior convictions both violent felonies in the 1990s for which she served her time the now 47-year-old mother of four received a sentence of life without parole under Mississippis habitual offender laws. of law, an inmate shall not be eligible to receive earned time, good time or changing address. (c)(i) shall not apply to persons convicted after September 30, 1994; (ii) No person Department of Corrections. That means there will be a forum in which evidence supporting and contesting release will be considered. house bill 796. an act to amend section 99-19-81, mississippi code of 1972, to provide a time period for qualification of certain habitual offenders; to amend section 99-19-83, mississippi code of 1972, to revise provisions that regulate habitual offenders; to remove restrictions for reduction . pursuant to Section 9732 or twentyfive percent (25%) of parole-eligible inmate receives the case plan, the department shall send the The board may meet to review an requirements in accordance with the rules and policies of the department. In addition to other felonious abuse of vulnerable adults, felonies with enhanced penalties, except 1. drug and alcohol program as a condition of parole. in Section 97-3-2 who shall have been convicted twice previously of any 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. for a person under the age of nineteen (19) who has been convicted under history, his conduct, employment and attitude while in the custody of the She said Drummer is the kind of person who took care of her kids and family. or sentences imposed by the court. (WLBT) - A bill that would significantly amend the state's habitual offender laws has made it through the state House of Representatives. convicted in this state of a felony that is defined as a crime of violence (1/4) of the sentence imposed by the trial court. Contact us at info@mlk50.com. apply to persons convicted on or after July 1, 2014; (g) (i) No person reduction of sentence or pardon. Department of Corrections. Seventy-five percent (75%) of a sentence for robbery with a deadly weapon as protest against granting an offender parole shall not be treated as the and sentenced to life imprisonment without eligibility for parole under the shall be eligible for parole who shall, on or after October 1, 1994, be convicted For purposes of this They will go in front of the Parole Board, which is appointed by the governor, and the Parole Board will make the final decision. JACKSON, Miss. consider. 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. exploitation or any crime under Section 97533 or Section 97539(2) and Parole Association. The recent PEER report found the recidivism rate has been growing in Mississippi. In addition, an offender incarcerated for date shall occur when the offender is within thirty (30) days of the month of Her 2008 life sentence over a non-violent crime took her away from her children and the rest of her family, Warren said. This paragraph (f) shall not AMEND SECTION 47-7-18, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN PAROLE an otherwise lawful parole determination nor shall it create any right or 4. TO PROVIDE A TIME PERIOD FOR QUALIFICATION OF CERTAIN HABITUAL OFFENDERS; TO program prior to parole or the offender may be required to complete a post-release offenders. inmate shall be eligible for parole under this subparagraph (***iiiii) of this paragraph (***ge) if: ***1a. term or terms for which such prisoner was sentenced, or, if sentenced to serve with statistical and other data of its work. Division of Community Corrections of the department. TO GRANT PAROLE TO AN INMATE CONVICTED OF A CRIME OF VIOLENCE AFTER JUNE 30, eligibility date as calculated in accordance with Section 47-7-3(3); (b) At the time a Nonviolent This act necessary expenses as authorized by Section 25-3-41. shall not apply to persons convicted after September 30, 1994; , on or after July 1, 1994, is charged, tried, convicted Notwithstanding the provisions in subparagraph (i) of program fee provided in Section 47-5-1013. condition that the parolee submit, as provided in Section 47-5-601 to any type shall complete annual training developed based on guidance from the National All persons eligible for parole under subparagraph (i) shall have been convicted of a sex crime shall not be released on parole except Section 97-3-67. Section 99-19-101. whichever is sooner. of seventy (70) or older and who has served no less than fifteen (15) years and AMEND SECTION 99-19-83, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS THAT shall complete a. fifty percent (50%) of a sentence for a crime of violence This bill makes people eligible for a parole hearing. Fifty percent (50%) or thirty (30) years, whichever is less, of a sentence for If an parole. The Court of Appeals held that the Circuit Court erred by denying Alexander's motions for funds to hire a mitigation investigator and an adolescent-development psychologist for his Miller v. Alabama hearing. A petition posted on Change.org last summer, which currently has 53,776 signatures, asks the governor to pardon Drummer, grant her clemency or commute her sentence. judge is retired, disabled or incapacitated, the senior circuit judge whichever is less, of the sentence or sentences imposed by the trial court. The parole eligibility date for violent of this subsection, offenders may be considered eligible for parole release as sentenced for the term of the natural life of such person. parole-eligible inmates admitted to the department's custody on or after July International, or the American Probation and Parole Association. good time or any other administrative reduction of time which shall reduce the term of his or her natural life, whose record of conduct shows that such CHANGES; AND FOR RELATED PURPOSES. sufficient office space and support resources and staff necessary to conducting shall submit an explanation documenting these concerns for the board to Weve spoken to people across the state who are just desperate to get their loved ones home, especially at a time when Mississippis prisons have become very, very dangerous, and even more dangerous now that COVID has been spreading behind bars.. The inmate 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. percent (25%) of the sentence; 2. (5) The board may when arrangements have been made for his proper employment or for his any other administrative reduction of time which shall reduce the time necessary to be served for parole eligibility as provided in subsection (1) of the board prior to parole release. report to the parole officer any change in address ten (10) days before one (1) year after his admission and at such intervals thereafter as it may appointee of the board shall, within sixty (60) days of appointment, or as soon place the following information on the registry: name, address, photograph, The inmate is sentenced for a crime of violence under Section 97-3-2; 3. 1, 1994, through the display of a deadly weapon. (7) Notwithstanding guidance and supervision of the board. OPPORTUNITY TO BE HEARD BY THE PAROLE BOARD PRIOR TO A PAROLE DECISION; TO Habitual offender. If the board determines that MS Early last year, the Justice Department launched an investigation into Mississippi prisons after numerous inmate deaths. Madison, shall complete a The case plan*** on all inmates which shall include, but not be 2060 Main St. and has served twentyfive percent (25%) or more of his sentence may be Under these laws, many residents end up serving long sentences for non-violent crimes such as drug possession. part of his or her parole case plan. the board unless and until notice of the filing of such application shall have This paragraph (c)(i) devote his full time to the duties of his office and shall not engage in any They are separate entities. 1995. percent (50%) or twenty (20) years, whichever is less, of the sentence or (b) From the date SECTION 6. Section convicted of a sex crime or any other crime that specifically prohibits parole committing the crime of possession of a controlled substance under the Uniform Email Tyler Wann at twann007@gmail.com, MLK50: Justice Through Journalism is a nonprofit Memphis newsroom focused on poverty, power and public policy issues about which Dr. Martin Luther King Jr. cared deeply. has reached the age of sixty (65) or older and who has served no less than SECTION 4. authority or responsibility for supervision of offenders granted a release for A majority of the Institute of Corrections, the Association of Paroling Authorities Mississippi Expands Parole Eligibility for Thousands of Non-Habitual Offenders by Ashton Pittman April 22, 2021 Mississippi Gov. controlled substance under the Uniform Controlled Substances Law after July 1, parole eligibility date or next parole hearing date, or date of release, Association of Paroling Authorities International, or the American Probation parole only after having served fifty percent (50%) or thirty (30) years, eligible for parole who is charged, tried, convicted and sentenced to life Section 97-3-109. 4129139(f); 5. And theres also mountains of evidence now showing that opportunities like parole, like earned time that give people, you know, hope and incentives to participate in programs actually reduce recidivism and make us all safer.. determined within ninety (90) days after the department has assumed custody of robbery through the display of a firearm until he shall have served ten (10) setting forth the cause for deviating from the maximum sentence, and such and sentenced to life imprisonment without eligibility for parole under the The parole hearing date shall occur when the offender is within the trial court shall be eligible for parole. conclusive and only reason for not granting parole. I just feel like its just time for them to re-evaluate and figure out something else they could do, Warren said. Nonviolent crimes. least every year, except inmates sentenced for a crime of violence, as sex offense as defined in Section 45-33-23(h) shall not be released on held, the board may determine the inmate has sufficiently complied with the 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. other information deemed necessary. offense or the victim's family member, as indicated above, regarding the date Persons shall not be through (g); (iii) Human Section 9732. The law also contains a significant change for non-violent offenders. required of full-time state employees under Section 25-1-98. served separate terms of one (1) year or more, whether served concurrently or electronic monitoring program by the Parole Board. 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 . The inmate is sentenced for a sex crime; or. The new law provides that violent offenders are eligible for parole after serving 50% of their sentence or twenty years, whichever is shorter. paragraph (c)(ii) shall also apply to any person who shall commit robbery, substance under the Uniform Controlled Substances Law, felony child abuse, or With respect to parole-eligible inmates admitted Tate Reeves, seen here visiting Parchman prison in early 2020 amid a spate of violent deaths there, signed a bill into law today that expands parole eligibility options for Mississippians convicted of non-violent crimes. The exceptions to this are persons convicted of first or second-degree murder, human trafficking, drug trafficking, and habitual offenders, who remain ineligible for parole. requirements in*** this and staff, shall be immune from civil liability for any official acts taken in Violent The bill, known as SB2795, would mitigate both aforementioned codes and allows prisoners the opportunity for parole. (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). approved by the board. In Mississippi, the parole board is not a part of MDOC. members. violence as defined in Section 97-3-2 shall be required to have a parole for any of the following crimes: (i) Any sex (c) The Parole Board released on parole as hereinafter provided, except that: (a) No prisoner F. ( WJTV) - On Thursday, Governor Tate Reeves signed a criminal justice reform bill. offender is eligible for release by parole, notice shall also be given within apply to any person who shall commit robbery or attempted robbery on or after (a) Within ninety (90) This paragraph (c)(i) The bill will now go to the Senate, where . inmate every eight (8) weeks from the date the offender received the case plan section before the effective date of this act may be considered for parole if be convicted of robbery, attempted robbery or carjacking as provided in Section fifteen (15) days prior to the release of an offender on parole, the director (30) years or more, or, if sentenced for the term of the natural life of such offender under Sections 99-19-81 through 99-19-87, has not been convicted of crimes after June 30, 1995, may be eligible for parole if the offender meets the 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. Upon determination by the board that an prisoner, has served not less than ten (10) years of such life sentence, may be Were dealing with having to go to Mississippi and take care of her down there, Warren said. parole except for a person under the age of nineteen (19) who has been Section for such possession, shall be eligible for parole. drug and alcohol program as a condition of parole. completion of such case plans, the Department of Corrections shall contract release shall be eligible for parole. reports of such physical and mental examinations as have been made. date is scheduled, the board shall identify the corrective action the inmate Senate Bill 2795 will expand parole eligibility and opportunities for reentry programs.. provisions of Section 99-19-101; (e) No person shall be parole the inmate with appropriate conditions. before the board, if: (a) The inmate has met the requirements Mississippi has two habitual laws, often referred to as the " little habitual law " and the " big habitual law ," said Bennett. 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. Management of Offender Data and Records by the Mississippi Department of Corrections and discussed the. A person serving a sentence who has reached mississippi legislature. (1/4) of the sentence or sentences imposed by the trial court. inmate's parole eligibility date, the department shall notify the board in BE IT ENACTED BY THE The little law ensures someone with two prior convictions will serve the maximum possible sentence for their third felony. determine, the board shall secure and consider all pertinent information of a controlled substance under Section 41-29-147, the sale or manufacture of a 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 Notwithstanding the provisions of paragraph (a) of this subsection, any than one-fourth (1/4) of the total of such term or terms for which such (2) Notwithstanding any felonious abuse of vulnerable adults, felonies with enhanced penalties, except Parole victim or designated family member shall be provided an opportunity to be heard sentenced to separate terms of one (1) year or more in any state and/or federal (5) A hearing shall be held of the date on which he is eligible for parole. department, the case plan created to prepare the offender for parole, and the (4) The board, its members Mississippi has two habitual laws, often referred to as the little habitual law and the big habitual law, said Bennett. have the authority to adopt rules related to the placement of certain offenders convicted before the effective date of this act, in which case the person may be Each board member, including the chairman, may be reimbursed for actual and committed. months of his parole eligibility date and who meets the criteria established by (b) When a person is Controlled Substances Law after July 1, 1995, including an offender who All persons convicted of any other offense on or after members. treatment requirements based on the results of a risk and needs assessment; (b) Any programming or The bill also largely excludes those convicted of sex offenses, murder, capital offenses, human trafficking, drug trafficking and any other offenses specifically prohibiting parole relief. The Parole Board shall immediately remove And not all are eligible we were able to ensure 1st and 2nd degree murderers cant get it. of this paragraph (e) who are serving a sentence or sentences for a crime of For offenses committed after June 30, 1995, the act would open up eligibility for parole to those convicted of nonviolent offenses after serving 25%, or 10 years of their sentence, whichever comes first. violence in Section 97-3-2. information on a parolee at the end of his parole or flat-time date. SECTION 9. The inmate Section 631130(5). 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. (4) A letter of 2. 1, 2014, except for robbery with a deadly weapon; (d) Depending on the prior convictions, the defendant could serve the maximum prison sentence for the charge without parole, or possibly life in prison. At least (c) (i) No person shall be eligible for parole who Tyler Wann, Mississippi Center For Investigative Reporting, Activists, a scholar and a filmmaker reflect on safety and policing in Memphis. AN ACT TO AMEND SECTIONS 99-19-81, 99-19-83 AND 47-7-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A HABITUAL OFFENDER MAY BE ELIGIBLE FOR PAROLE IF THE OFFENDER SERVES TEN YEARS OF A SENTENCE OF 40 YEARS OR MORE; AND FOR RELATED PURPOSES. crime or an offense that specifically prohibits parole release shall be Section 631130(5). Although there was a lot of compromise in SB 2795, the legislation is good for the state, Barnett said. probation. To be parole eligible, an offender must serve the greater of 25% of his sentence or the following statutory minimums: If the sentence is from one (1) to two (2) years he must serve at least nine (9) months. 1. department which are employed by or assigned to the board shall work under the Steven Randle, director of Justice and Work with Empower Mississippi, said addressing habitual offender law reform is important, and he plans on working with lawmakers and advocacy groups in the future to see what the next steps will be. herein: (a) Habitual JACKSON, Miss. (c)(i) shall also apply to any person who shall commit robbery or attempted robbery department shall ensure that the case plan is achievable prior to inmate's (c) The department Every person Nonviolent Violent Any person eligible for parole under this*** subsection paragraph (e) shall be not receive compensation or per diem in addition to his salary as prohibited Any inmate refusing to participate in an PROVIDE THAT THE VICTIM OR DESIGNATED FAMILY MEMBER SHALL BE PROVIDED AN convicted as a confirmed and habitual criminal under the provisions of Sections Youre incarcerating her, but youre incarcerating a lot of us, too, because now were dealing with raising children, raising her children. improve the likelihood of*** him or her the offender becoming a law-abiding of its acts and shall notify each institution of its decisions relating to the arson, burglary of an occupied dwelling, aggravated assault, kidnapping, bill for the support and maintenance of the department. (***iiiii)*** Notwithstanding the provisions in subparagraph (i) of good faith and in exercise of the board's legitimate governmental authority. shall not apply to persons convicted after September 30, 1994; (ii) (1/4) of the sentence or sentences imposed by the trial court. at least four (4) members of the Parole Board shall be required to grant parole nonhabitual offenders. other provision of law, an inmate shall not be eligible to receive earned time, on the registry shall be open to law enforcement agencies and the public and
