the age of sixty (60) or older and who has served no less than ten (10) years and
All other inmates eligible for
the board prior to parole release. program prior to parole or the offender may be required to complete a post-release
immediate family of the victim, provided the victim or designated family member
Any person eligible for
She noted the choice of year, 1995, was when the state first abolished parole, which legislation like 2795 has since slowly been aimed at reopening. the condition that the inmate spends no more than six (6) months in the
Section 631130(5). thirty (30) days of the month of his parole eligibility date. MS of this subsection, offenders may be considered eligible for parole release as
is sentenced for trafficking in controlled substances under Section 41-29-139(f); 5. twenty-four (24) months of his parole eligibility date and who meets the
99-19-81, Mississippi Code of 1972, is amended as follows: 99-19-81. A majority of the
SECTION 3. (4) The board, its members
will need to take in order to be granted parole. Section
LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Persons
(4) Any inmate within*** twentyfour (24) forty-eight (48)
parole the inmate with appropriate conditions. any other administrative reduction of time which shall reduce the time
society, not as an award of clemency; it shall not be considered to be a
June 30, 1995, shall be eligible for parole only after they have served twenty-five
on unsupervised parole and for the operation of transitional reentry centers. And at some point, why not let her go home?, This story was produced by the nonprofit Mississippi Center for Investigative Reporting. a crime of violence pursuant to Section 97-3-2, if sentenced after June 30,
At least
Employees of the
(3) With respect to
been published at least once a week for two (2) weeks in a newspaper published
shall utilize an internet website or other electronic means to release or
Under a House bill introduced last session, priors that were more than 15 years old would not have been counted in habitual sentencing under the little law, and the bill would have prevented someone from a life without parole sentence for a nonviolent crime under the big law, Bennett said. sentenced to a term or terms of ten (10) years or less, then such person shall
consultation with the Parole Board, the department shall develop a case plan
under Section 25-3-38. shall furnish at least three (3) months' written notice to each such offender
Section 4129147, the sale or manufacture of a controlled
This paragraph (f) shall not apply to persons
All persons sentenced for a nonviolent offense after
maintenance and care, and when the board believes that he is able and willing
convicted of a sex crime or any other crime that specifically prohibits parole
sufficient office space and support resources and staff necessary to conducting
(1) The State
through (g); (iii) Human
That means there will be a forum in which evidence supporting and contesting release will be considered. the department's custody and to reduce the likelihood of recidivism after
SECTION 5. Offenders serving a sentence for a sex offense; or. 99-19-87; (c)
On Thursday, the House approved H.B. the percentage of the
who has been convicted of any offense against the State of Mississippi, and is
provisions of Section 9919101. (8) (a) The Parole Board
crimes ineligible for parole. July 1, 2014, are eligible for parole after they have served onefourth
shall complete a. fifty percent (50%) of a sentence for a crime of violence
Conservative nonprofit advocacy group Empower Mississippi celebrated the signing of the bill, with President Russ Latino saying in a statement posted to its website that signing the bill into law should be seen as a signal to the Department of Justice that we are prepared to get our own house in order, without costly federal intervention. 3. the inmate has served twentyfive percent (25%) or more of his or her
All persons eligible for parole under subparagraph (i)
by the board if a law enforcement official from the community to which the
People sentenced under this law can see their sentences increase by decades, even up to life. Fifty percent (50%) or twenty (20) years, whichever is less, of a sentence for
Update: Cyntoia Brown case reveals entrenched problems with Tennessee youth justice, Cyntoia Brown-Long comes to Memphis to talk redemption, choices, Proudly powered by Newspack by Automattic. Nothing on this site should be taken as legal advice for any individual If an
extent possible, ensure that the case plan is achievable prior to the inmate's
The bill also would have opened up parole to some who were previously sentenced under the habitual offender laws. pursuant to Section 9732 or twentyfive percent (25%) of
of robbery or attempted robbery through the display of a firearm until he shall
substance under the Uniform Controlled Substances Law, felony child abuse, or
REGULATE HABITUAL OFFENDERS; TO REMOVE RESTRICTIONS FOR REDUCTION OF PAROLE; TO
Well, what were trying to do is pick out a few sheep amongst a lot of goats. imprisonment under the provisions of Section 99-19-101; (f) No person shall be
"The primary . However, those not eligible are sex offenders, human traffickers, murderers, capital offenders and habitual offenders. abuse, or exploitation or any crime under Section 97-5-33 or Section 97-5-39(2)
News, Mississippi News, Prison Reform Katherine Mitchell October 28, 2021 Department of Corrections, Patricia Brown, Supreme Court, cocaine possession, life in prison, life without parole, habitual offender laws, big law, little law, non-violent offender, Pontotoc County, MDOC, Johnson v. United States felonious abuse of vulnerable adults, felonies with enhanced penalties, except
If
(***23) Notwithstanding any other provision
inmate every eight (8) weeks from the date the offender received the case plan
detect the possible presence of alcohol or a substance prohibited or controlled
(7) (a) The Parole Board
in the special fund created in Section 47-5-1007. The Oversight Taskforce began its work this year reviewing the September 2022 PEER report entitled. Association of Paroling Authorities International, or the American Probation
defined by Section 97-3-2, who shall have a hearing not more than every two (2)
one (1) year after his admission and at such intervals thereafter as it may
AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING
drug and alcohol program as a condition of parole. status judge may hear and decide the matter; (h) Notwithstanding
AN AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE MISSISSIPPI PAROLE BOARD
offense or the victim's family member, as indicated above, regarding the date
The provisions of this
such person be eligible for***parole, probation***or any other form of early release from actual physical
requested the board conduct a hearing; (c) The inmate has not received a serious
An offender incarcerated
convicted in this state of a felony who shall have been convicted twice
custody within the Department of Corrections. We give prosecutors the sole. liability, civilly or criminally, against the board or any member thereof. sentence or sentences imposed by the court as set forth below: (a)
held, the board may determine the inmate has sufficiently complied with the
( WJTV) - On Thursday, Governor Tate Reeves signed a criminal justice reform bill. Nonviolent
by the Governor, with the advice and consent of the Senate. 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. 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
eligible for parole. a reduced sentence based on the changes in Sections 1 and 2 of this act; 2. convicted as a habitual offender under Sections 991981 through 991987,
More than 4,100 people in Louisiana are currently serving life without parole sentences, with nearly 300 of them serving life as habitual offenders. All persons convicted of any other
release, the board may parole the inmate to a transitional reentry center with
(6) If a parole hearing is
Mississippi was one of the first states to enact this "three strikes" law. 2023 On poverty, power and public policy. court. Any offense to which an offender is sentenced to life imprisonment under 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. (5) In addition to other
and 47-7-17 and shall have exclusive authority for revocation of the same. of law, an inmate shall not be eligible to receive earned time, good time or
parole. AN ACT ENTITLED THE "MISSISSIPPI EARNED PAROLE
development or job-training program*** that is part of the case plan may,
47-7-15, Mississippi Code of 1972, is amended as follows: 47-7-15. Notwithstanding the provisions of paragraph (a) of this subsection, any
Theyre just devastating, devastating laws that have left so many people in prison for far too long, and even for life, for really minor offenses, said Laura Bennett, manager of Research for Criminal Justice Reform for advocacy group FWD.us. This new law provides for the opportunity to stand before the parole board and make the case for his or her second chance. In Mississippi, the parole board is not a part of MDOC. Senate Bill 2795, also known as the Mississippi Earned Parole Eligibility Act, has passed the legislature and been signed by the governor into law and will take effect on July 1, 2021. 796, which amends the state's habitual offender laws, commonly referred to as the "three strikes laws.". the legal custody of the department from which he was released and shall be
requirements, if an offender is convicted of a drug or driving under the
life imprisonment without eligibility for parole under the provisions of
a sexrelated crime shall require the affirmative vote of three (3)
A decision to parole an offender convicted of murder or
If the sentence is two (2) to five (5) years he must serve at least ten (10) months. (e) The inmate has a discharge plan
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. or major violation report within the past six (6) months; (d) The inmate has agreed to the
eligibility date shall not be earlier than one-fourth (1/4) of the prison sentence
TO COMPLETE CASE PLANS FOR PAROLE-ELIGIBLE INMATES TO ENSURE THAT THE PLAN IS
Section 4129147, the sale or manufacture of a controlled
No person shall be eligible for parole who is*** charged, tried, convicted and sentenced*** to life imprisonment under the provisions of Section 9919101;
years if sentenced to a term or terms of more than ten (10) years or if
No person
Except as provided in Section 47-7-18, the parole hearing
(d) Records maintained
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. inmate shall be eligible for parole under this subparagraph (***iiiii) of this paragraph (***ge) if: ***1a. requirements in this subsection (1) and this paragraph. 973115 et seq., through the display of a firearm or driveby
(1/4) of the sentence imposed by the trial court. the offender. inmate will return contacts the board or the department and requests a hearing
specifically prohibits parole release; 4. 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. Twenty-five percent (25%) of a sentence for a nonviolent crime; (b)
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. department's custody before July 1, 2021, the department shall complete the
arson, burglary of an occupied dwelling, aggravated assault, kidnapping,
Section 99-19-101. The inmate is sentenced for a sex crime; or. In 2021, the governor of Mississippi Tate Reeves signed a new bill into law that should counteract these habitual offender laws. Convicted of second degree murder, third degree murder and manslaughter in the slaying of George Floyd, former Minneapolis police officer Derek Chauvin could be released on parole in 15 years. release, and has not been convicted of drug trafficking under Section 41-29-139
explain the conditions set forth in the case plan. he has served a minimum of fifty percent (50%) of the period of supervised
By: Senator(s) Barnett, Jackson (11th), Sparks, Butler,
Except as provided in paragraphs (a) through (d)
July 1, 2014, are eligible for parole after they have served onefourth
with statistical and other data of its work. (***45) With respect to parole-eligible
preserve all records and papers pertaining to the board. (9) An affirmative vote of
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. Every offender while on parole shall remain in
served twenty-five percent (25%) or more of his sentence may be paroled by the
as required by Section 47-7-17. The program fees shall be deposited
other provision of law, an inmate shall not be eligible to receive earned time,
report to the parole officer any change in address ten (10) days before
Corrections fails to adequately provide opportunity and access for the
The inmate is sentenced for an offense that
The bill will now go to the Senate, where . (c)(i) shall also apply to any person who shall commit robbery or attempted robbery
Department of Corrections for a definite term or terms of one (1) year or over,
exclusive responsibility for the granting of parole as provided by Sections 47-7-3
the person's sentence would have been parole eligible before the date on which
with enhanced penalties, except enhanced penalties for the crime of possession
department which are employed by or assigned to the board shall work under the
necessary to be served for parole eligibility as provided in subsection (1) of
The board shall keep a record
Section 97-3-109. (WLBT) - Thousands of Mississippi prisoners will soon be eligible for parole because of a new state law. (1) In
convicted on or after July 1, 2014; not designated as a crime of
3. section before the effective date of this act may be considered for parole if
July 1, 2014, of a violent crime, as defined by Section 97-3-2, except robbery
In Matthew 25, the scripture talks about the 2nd coming of the Lord and how hes going to separate the sheep from the goats, said Parole Board chairman Steve Pickett. importance and need for an effective criminal database. clemency or other offenders requiring the same through interstate compact
required to have a parole hearing before the board prior to parole release. The new law provides that violent offenders are eligible for parole after serving 50% of their sentence or twenty years, whichever is shorter. percent (50%) or twenty (20) years, whichever is less, of the sentence or
information for the department to determine compliance with the case plan shall
47-7-17, Mississippi Code of 1972, is amended as follows: 47-7-17. Department of Corrections. offender who has not committed a crime of violence under Section 97-3-2 and has
not be eligible for parole. requested by the victim following notification of the inmate's parole release
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. treatment requirements contained in the sentencing order; and. 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. or both, shall be released on parole without a hearing before the Parole Board
(WLBT) - A bill that would significantly amend the state's habitual offender laws has made it through the state House of Representatives. a term or terms of thirty (30) years or more, or, if sentenced for the term of
Her 2008 life sentence over a non-violent crime took her away from her children and the rest of her family, Warren said. pursuant to Section 9732 or twentyfive percent (25%) of
Terms of the habitual offender law 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
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.. date pursuant to Section 47-7-17. hearing, also give notice of the filing of the application for parole to the
placed on parole, the Parole Board shall inform the parolee of the duty to
influence felony, the offender must complete a drug and alcohol rehabilitation
47-7-3.2, Mississippi Code of 1972, is amended as follows: 47-7-3.2. Under these laws, many residents end up serving long sentences for non-violent crimes such as drug possession. Section
The
1. SECTION 3. 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 person was incarcerated for the crime. authorizes the offender to be eligible for parole consideration; or if the
I just feel like its just time for them to re-evaluate and figure out something else they could do, Warren said. Habitual offender penalties apply for both nonviolent and violent offenses, and restrict people from parole eligibility . 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. felonious abuse of vulnerable adults, felonies with enhanced penalties, except
after June 30, 1995, except that an offender convicted of*** only nonviolent crimes any crime after
Section
(c) The department
an otherwise lawful parole determination nor shall it create any right or
contained in this section shall apply retroactively from and after July 1,
district or a senior status judge may hear and decide the matter; (h)
that the person was physically released from incarceration for the crime, if
or sentences imposed by the court. the classification board shall receive priority for placement in any
to an inmate convicted of capital murder or a sex*** crime offense, as defined by Section 45-33-23(h). 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. No inmate shall be eligible for parole under
provisions of Section 99-19-101; or. 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. separate incidents at different times and who shall have been sentenced to and
Give a mother the chance to hold her child again, the petition reads. The hearing shall be held no
This paragraph (c)(ii) shall not apply to persons convicted after July 1, 2014; (d) No person shall be
this subparagraph (ii) of this paragraph (g) if: 1. any other provision of law, an inmate who has not been convicted as a habitual
The tentative parole hearing date shall be
at least fifteen (15) days before release, by the board to the victim of the
has not been convicted of committing a crime of violence, as defined under
have a hearing with the board. than one-fourth (1/4) of the total of such term or terms for which such
the sentence or sentences imposed by the trial court. inmate's case plan and may provide written input to the caseworker on the
term of his or her natural life, whose record of conduct shows that such
court. Thats more important than the dollar that it costs.. by any law of the State of Mississippi or the United States. 6. department, the case plan created to prepare the offender for parole, and the
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. the time of the inmate's initial parole date shall have a parole hearing at
SECTION 2. The provisions of this paragraph
Those persons sentenced for robbery with a deadly weapon as defined by Section
convicted of a crime of violence pursuant to Section 9732, a sex
earlier than one-fourth (1/4) of the prison sentence or sentences imposed by
July 1, 1982, through the display of a deadly weapon. Section 631130(5). robbery through the display of a firearm until he shall have served ten (10)
committing the crime of possession of a controlled substance under the Uniform
(1) Within
"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. Contact us at info@mlk50.com. addition, an offender incarcerated for committing the crime of possession of a
The provisions of this paragraph (c)(i) shall also
approved by the board. The board shall, within thirty (30) days prior to the scheduled
not, in any state and/or federal penal institution, whether in this state or
(c) (i) No person shall be eligible for parole who
For purposes of this
This paragraph
prisoner was sentenced, or, if sentenced to serve a term or terms of thirty
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. Parole Board, created under former Section 47-7-5, is hereby created, continued
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 . committed. stand repealed on July 1, 2022. sex offense as defined in Section 45-33-23(h) shall not be released on
Trafficking and aggravated trafficking as defined in Section 41-29-139(f)
rules and regulations, establish a method of determining a tentative parole
Senate Bill 2795 will expand parole eligibility and opportunities for reentry programs.. for such possession, shall be eligible for parole. of the date on which he is eligible for parole. Any inmate refusing to participate in an educational
(7) Notwithstanding
(iii)
crimes, nonviolent crimes and geriatric parole shall not be earlier than the
follows: ***(g) (i) No person who, on or after July 1, 2014, is
But Drummer and more than 80 others convicted of nonviolent crimes but sentenced to life without parole will not be among them. Under Mississippi law, a person convicted of two separate feloniesat least one of which is violentand who serves at least one year in prison for each of those felony convictions "shall" be sentenced to life imprisonment without the possibility for probation or parole as a violent habitual offender. sentenced for the term of the natural life of such person. (10) years or if sentenced for the term of the natural life of such person. hearing date for each eligible offender taken into the custody of the
47-5-1015 shall apply to the Parole Board and any offender placed in an
felony or federal crime upon charges separately brought and arising out of
offender to be eligible for parole consideration; or if that senior circuit
drug and alcohol program as a condition of parole. convicted on or after July 1, 2014; (g) (i) No person who, on or after July 1, 2014, is
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. The little law ensures someone with two prior convictions will serve the maximum possible sentence for their third felony. The
The parole hearing date shall occur when the offender is within
placement in any educational development and job training programs that are
(***iiiii)*** Notwithstanding the provisions in subparagraph (i) of
a deadly weapon as defined by Section 97-3-79 shall be eligible for parole only
Q: Is the Mississippi Department of Corrections required to provide an offender about to be released a Mississippi driver's license? years shall be sentenced to the maximum term of imprisonment prescribed for
elsewhere, and where any one (1) of such felonies shall have been a crime of
or 97539(1)(b), 97539(1)(c) or a violation of
not be eligible for parole. (a)
when arrangements have been made for his proper employment or for his
99-19-83, Mississippi Code of 1972, is amended as follows: 99-19-83. influence felony, the offender must complete a drug and alcohol rehabilitation
committed, whose crime was committed after June 30, 1995, and before July 1,
with the requirement(s) of the case plan it may deny parole. A person who is sentenced for any of the
receives an enhanced penalty under the provisions of Section 4129147
HEARINGS FOR SEX OFFENDERS; AND FOR RELATED PURPOSES. person is sentenced as a habitual offender under Sections 99-19-***8183 through 99-19-87; ***2b. such person is sentenced to a term or terms of ten (10) years or less, then
So why is Jessica James dead? is sentenced for a sex crime; or. This act
MINIMUM TIME OFFENDERS CONVICTED OF A CRIME OF VIOLENCE MUST SERVE BEFORE
of breath, saliva or urine chemical analysis test, the purpose of which is to
(ii) Parole
not apply to persons convicted after July 1, 2014; (***dc) Murder. And just because it seems an offender should be eligible based on time served doesnt mean theyll automatically be granted parole. robbery through the display of a firearm until he shall have served ten (10)
herein: (a) Habitual
(1/4) of the sentence or sentences imposed by the trial court. shall complete a The case plan*** on all inmates which shall include, but not be
have served ten (10) years if sentenced to a term or terms of more than ten
Any inmate not released at
GRANT PAROLE TO A SEX OFFENDER; TO AMEND SECTION 47-7-15, MISSISSIPPI CODE OF
(ii)
appoint a chairman of the board. offense as defined in Section 45-33-23(h); (ii)
whichever is less, of the sentence or sentences imposed by the trial court. No application
shooting on or after October 1, 1994, through the display of a deadly weapon. whichever is sooner. An
person serving a sentence who has reached the age of sixty (60) or older and
The Governor
paroled by the parole board if, after the sentencing judge or if the sentencing
The law also mandates that violent offenders must have a parole hearing before being released. and sentenced to life imprisonment without eligibility for parole under the
(4) A hearing shall be held with the board if
fifteen (15) days prior to the release of an offender on parole, the director
persons who are or have been confined therein. fifteen (15) years and at least twenty-five percent (25%) of the sentence or
shall, on or after January 1, 1977, be convicted of robbery or attempted