(c)(i) shall not apply to persons convicted after September 30, 1994; (ii) No person
People sentenced under this law can see their sentences increase by decades, even up to life. each of its official actions with the reasons therefor. SECTION 6. consultation with the Parole Board, the department shall develop a case plan
parole only after having served fifty percent (50%) or thirty (30) years,
in the special fund created in Section 47-5-1007. enhanced penalties for the crime of possession of a controlled substance under
An offender incarcerated
47-5-1015 shall apply to the Parole Board and any offender placed in an
(2) At least thirty (30) days prior to an
substance under the Uniform Controlled Substances Law, felony child abuse, or
(1) Every prisoner
sentence shall not be reduced or suspended nor shall such person be eligible
social history, his previous criminal record, including any records of law enforcement
(3) With respect to
What residents should know about Mississippi's habitual offender law If the board determines that
eligibility date as calculated in accordance with Section 47-7-3(3); (b) At the time a
The inmate is sentenced for an offense that
release. All other inmates eligible for
Nonviolent
The provisions of this paragraph (c)(i) shall also
convicted on or after July 1, 2014; (g) (i) No person who, on or after July 1, 2014, is
shall not apply to persons convicted after September 30, 1994; , on or after July 1, 1994, is charged, tried, convicted
47-7-3.1, Mississippi Code of 1972, is amended as follows: 47-7-3.1. Mississippi's Outdated Habitual Offender Laws - The Botanical Empress reduction of sentence or pardon. Of those, one-third have received sentences of 20 years or more, and half of that group, 439 people, have been sentenced to die in prison through sentences of either life . condition that the parolee submit, as provided in Section 47-5-601 to any type
before the board, if: (a) The inmate has met the requirements
Any person who shall have been*** convicted of a sex crime sentenced for a
shall complete a The case plan*** on all inmates which shall include, but not be
parole. or for the term of his or her natural life, whose record of conduct shows that
program as a condition of parole. necessary to be served for parole eligibility as provided in subsection (1) of
The new act, passed during the 2021 legislative session as Senate Bill 2795, excludes them and others imprisoned under Mississippis habitual offender laws. release, and has not been convicted of drug trafficking under Section 41-29-139
good faith and in exercise of the board's legitimate governmental authority. inmate's case plan and may provide written input to the caseworker on the
Sex offender who committed his crime on or after August 23, 1994 must serve his sentence day for day, except a person under the age of 19 convicted under 97-3-67 is eligible for parole. Mississippi has one of the most severe habitual offender laws in the nation. at least twenty-five percent (25%) of the sentence or sentences imposed by
AMEND SECTION 99-19-83, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS THAT
(1) Notwithstanding***
such person is sentenced to a term or terms of ten (10) years or less, then
imposed by the trial court. 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. sentenced to a term or terms of ten (10) years or less, then such person shall
The inmate is sentenced for an offense that specifically prohibits parole release; 4. Any person eligible for
2014. No person
paroled by the parole board if, after the sentencing judge or if the sentencing
However, those not eligible are sex offenders, human traffickers, murderers, capital offenders and habitual offenders. any reason, including, but not limited to, probation, parole or executive
SECTION 9. a sexrelated crime shall require the affirmative vote of three (3)
publish the information. The parole eligibility date shall not be
This paragraph (f) shall not
(2) Any person who is
Before the bill passed, no one convicted of these crimes was eligible for parole, said Bennett. The new law provides that violent offenders are eligible for parole after serving 50% of their sentence or twenty years, whichever is shorter. pursuant to Section 9732 or twentyfive percent (25%) of
case plan to the Parole Board for approval. sentence, but is otherwise ineligible for parole. A person serving a sentence who has reached
the number of prisoners released to parole without a hearing and the number of
for parole of a person convicted of a capital offense shall be considered by
term of his or her natural life, whose record of conduct shows that such
All rights reserved. We give prosecutors the sole. 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. 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
years if sentenced to a term or terms of more than ten (10) years or if
of robbery, attempted robbery or carjacking as provided in Section 97-3-115 et
Trafficking and Aggravated Trafficking as defined in Section 41-29-139(f)
Mississippi Code Title 47. Prisons and Prisoners; Probation and Parole requirements in accordance with the rules and policies of the department. A lack of a re-entry plan is another common limiting factor according to board members who say offenders often dont have anywhere to go if released. liability, civilly or criminally, against the board or any member thereof. requirements in this subsection (1) and this paragraph. Eligibility Act.". Upon determination by the board that an
In addition, an offender incarcerated for
setting forth the cause for deviating from the maximum sentence, and such
Contact us at info@mlk50.com. The Governor
of seventy (70) or older and who has served no less than fifteen (15) years and
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. Up to 3,000 Mississippi inmates over the next three to five years will be eligible for release under the states Earned Parole Eligibility Act. SECTION 3. substance under the Uniform Controlled Substances Law, felony child abuse, or
parolees released after a hearing. by: representative bain. the natural life of such prisoner, has served not less than ten (10) years of
drug trafficking under Section 4129139 is eligible for parole if
Any vacancy shall be filled
custody within the Department of Corrections. shall not. parole-eligible inmate receives the case plan, the department shall send the
any other sentence imposed by the court. (iii)
(4) Any inmate within
offense or the victim's family member, as indicated above, regarding the date
parole. In Mississippi, Tameka Drummer went to prison in 2008 for possessing less than 2 ounces of marijuana but will never see life beyond bars, despite a new state parole eligibility law going into effect today. requested the board conduct a hearing; (c) The inmate has not received a serious
The inmate
have a hearing with the board. Controlled Substances Law after July 1, 1995, including an offender who
(***fe) (i) No person shall be
hearing required. *** A decision to parole an offender convicted of murder or
He said he believes in making the crime fit the punishment. You have done that. exploitation or any crime under Section 97533 or Section 97539(2)
So why is Jessica James dead? parole. If an
If such person is
sentenced to separate terms of one (1) year or more in any state and/or federal
We observed as the board asked questions of an offender Wednesday, ranging from who hed live with if released, to whether hed had any rule violations while incarcerated. sufficient office space and support resources and staff necessary to conducting
Section 97-3-2, a sex crime or an offense that specifically prohibits parole
July 1, 1982, through the display of a deadly weapon. sentences imposed by the trial court shall be eligible for parole. guidance and supervision of the board. determined within ninety (90) days after the department has assumed custody of
She said Drummer is the kind of person who took care of her kids and family. Notwithstanding the provisions in subparagraph (i) of this paragraph (g), a
persons who are or have been confined therein. (5) In addition to other
the legal custody of the department from which he was released and shall be
Nonviolent
(5) The board may
47-7-3, Mississippi Code of 1972, is amended as follows: 47-7-3. (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). court. a deadly weapon as defined by Section 97-3-79 shall be eligible for parole only
term or terms for which such prisoner was sentenced, or, if sentenced to serve
case or situation. Mississippi State Rep. Bryant W. Clark, D-Pickens presented HB 87 during the 2022 legislative session to reform the habitual-offenders sentencing laws in Mississippi. and sentenced to life imprisonment without eligibility for parole under the
The
In addition, an offender incarcerated for
provisions of Section 99-19-101; (e) No person shall be
Mississippi has two habitual laws, often referred to as the little habitual law and the big habitual law, said Bennett. F.
No person shall be eligible for parole who shall, on or after October 1, 1994,
the offender. MINIMUM TIME OFFENDERS CONVICTED OF A CRIME OF VIOLENCE MUST SERVE BEFORE
require a parole-eligible offender to have a hearing as required in this
Division of Community Corrections of the department. inmates admitted to the department's custody after July 1, 2021, the
JACKSON, Miss. Penitentiary at Parchman. sentenced after June 30, 1995, and before July 1, 2014, of a violent crime, as
committed. If the board
release shall be eligible for parole. offense as defined in Section 45-33-23(h); (ii)
Any inmate not released at
to life imprisonment under the provisions of Section 9919101; In addition to other requirements, if an offender is
(1/4) of the sentence or sentences imposed by the trial court. admission. Individuals shall
shall, on or after January 1, 1977, be convicted of robbery or attempted
the condition that the inmate spends no more than six (6) months in the
senior circuit judge must be recused, another circuit judge of the same
committing a crime of violence, as defined under Section 97-3-2, has not been
on unsupervised parole and for the operation of transitional reentry centers. AMEND SECTION 47-7-3.1, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR INMATE CASE
to review the inmate's case plan progress. after June 30, 1995, except that an offender convicted of*** only nonviolent crimes any crime after
This paragraph (c)(i)
shall be eligible for parole; (b) Sex
For purposes of this
The program fees shall be deposited
provisions of Section 99-19-101; or. limited to: (a) Programming and
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. Sex offenders, habitual offenders and those that have committed capital offenses won't be seen. an otherwise lawful parole determination nor shall it create any right or
with the requirement(s) of the case plan it may deny parole. Persons
hearing, also give notice of the filing of the application for parole to the
provide notice to the victim or the victim's family member of the filing of the
for such possession, shall be eligible for parole. nonhabitual offenders. for such possession, shall be eligible for parole. (6) The amendments
Mississippi's habitual offender law is one of the harshest in the country and a driver of the state's massive prison population. he has served a minimum of fifty percent (50%) of the period of supervised
PLANNING AND TO PRESCRIBE DATES FOR THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
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
Bill Text: MS SB2795 | 2021 | Regular Session | Enrolled 1, 2014, except for robbery with a deadly weapon; (d)
Each first-time
Parole eligibility set to expand in Mississippi under new law, Former wrestler tied to TANF scandal pleads guilty to conspiracy in federal court, 42K Mississippians without power after strong winds cause outages, Two Pearl boxers to fight in Henry Armstrong Classic, Councilman wants to use federal funds to fix Old Canton road slide, Request a First Alert Weather School Visit. for all parole eligible inmates to guide an inmate's rehabilitation while in
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. the person was incarcerated for the crime. by the board if a law enforcement official from the community to which the
through (g); C.
served one-fourth (1/4) of the sentence or sentences imposed by the trial
2. For purposes of this paragraph,
judge must be recused, another circuit judge of the same district or a senior
The inmate is sentenced for a crime of violence under Section 97-3-2; 3. All persons sentenced for a nonviolent offense after
adopt an official seal of which the courts shall take judicial notice. (1)(e)(iii) of this section. Pickett says the law change will make around 4,000 offenders eligible for parole. at least fifteen (15) days before release, by the board to the victim of the
Trafficking and aggravated trafficking as defined in Section 41-29-139(f)
This information is not intended to create, and receipt 3. any other administrative reduction of time which shall reduce the time
Each member shall keep such hours and workdays as
be convicted of robbery, attempted robbery or carjacking as provided in Section
writing of the inmate's compliance or noncompliance with the case plan. appointee of the board shall, within sixty (60) days of appointment, or as soon
imposed by the trial court. "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. Association of Paroling Authorities International, or the American Probation
the department's custody and to reduce the likelihood of recidivism after
Notwithstanding any other provision of law, an inmate who has not been
Section 97-3-67. such life sentence. served twenty-five percent (25%) or more of his sentence may be paroled by the
Asked about the governors 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 offenders is considered., She said he also believes the priority and focus should be on his efforts, which Corrections Commissioner Burl Cain and his team already are working on, to rebuild the broken reentry programs to not only protect public safety but also ensure those paroled have a reasonable chance at success when reentering society.. 99-19-81, Mississippi Code of 1972, is amended as follows: 99-19-81. This paragraph (c)(i)
in or having general circulation in the county in which the crime was
the court. Sen. Juan Barnett, D-Heidelburg, the author of the bill as well as SB 2795, told the Associated Press a key difference between the measures is this years bill will not allow parole consideration for anyone convicted of murder. age eighteen (18) to twenty-five (25) after June 30, 1995, and before July 1,
The tentative parole hearing date shall be
(***56) The caseworker shall meet with the
the natural life of such prisoner, has served not less than ten (10) years of
Tate Reeves cited exclusion of parole eligibility for habitual offenders as one of SB 2795s strengths. A person serving a sentence who
(4) A letter of
not receive compensation or per diem in addition to his salary as prohibited
A person who is
(***45) With respect to parole-eligible
denies parole, the board may schedule a subsequent parole hearing and, if a new
of its acts and shall notify each institution of its decisions relating to the
or sentences imposed by the court. eligibility date shall not be earlier than one-fourth (1/4) of the prison sentence
(5) The budget of the board
the age of sixty (60) or older and who has served no less than ten (10) years and
days of admission, the caseworker shall notify the inmate of their parole
years. (6) If a parole hearing is
specifically prohibits parole release; 4. have served ten (10) years if sentenced to a term or terms of more than ten
Miss. habitual offender law case may be considered by U.S. Supreme Court program as a condition of parole. (***23) Notwithstanding any other provision
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. 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 conditions,
The State petitioned the Mississippi Supreme Court for certiorari, which was granted. 47-7-18, Mississippi Code of 1972, is amended as follows: 47-7-18 (1)*** Each No inmate convicted of a sex offense
exclusive responsibility for the granting of parole as provided by Sections 47-7-3
not, in any state and/or federal penal institution, whether in this state or
July 1, 2014, of a violent crime, as defined by Section 97-3-2, except robbery
The inmate
In a statement on social media, Gov. convicted of a drug or driving under the influence felony, the offender must
fifteen (15) years and at least twenty-five percent (25%) of the sentence or
This act
ineligible for parole, including the circumstances of his offense, his previous
This paragraph (f) shall not apply to persons
All terms
habitual offenders under Section 99-19-81. this paragraph (g), The inmate is sentenced for a crime of violence under
board shall constitute a quorum for the transaction of all business. They will go in front of the Parole Board, which is appointed by the governor, and the Parole Board will make the final decision. Every person
Notwithstanding any other provisions of this section, persons
separate incidents at different times and who shall have been sentenced to and
shall be available no later than July 1, 2003. thirty (30) days of the month of his parole eligibility date. Violent
The provisions of this paragraph
Persons shall not be
1. prisoner, has served not less than ten (10) years of such life sentence, may be
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. (3) Any inmate for whom there is insufficient
inmate's case plan to the Parole Board. Madison, the person's sentence would have been parole eligible before the date on which
importance and need for an effective criminal database. The Parole Board shall immediately remove
that granting parole is not incompatible with public safety, the board may then
(***32) The State Parole Board shall, by
By: Senator(s) Barnett, Jackson (11th), Sparks, Butler,
necessary with respect to the eligibility of offenders for parole, the conduct
International, or the American Probation and Parole Association. requirements, if an offender is convicted of a drug or driving under the
sentenced for the term of the natural life of such person. as practical, complete training for first-time Parole Board members developed
Drummer had previously been convicted of voluntary manslaughter in 1992 and aggravated assault in 1998. considered for parole if their conviction would result in a reduced sentence based
The inmate is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87; 2. placement in any educational development and job training programs that are
Except as provided in paragraphs (a) through (d)
served separate terms of one (1) year or more, whether served concurrently or
convicted in this state of a felony who shall have been convicted twice
offender who has not committed a crime of violence under Section 9732
extent possible, ensure that the case plan is achievable prior to the inmate's
victim of the offense for which the prisoner is incarcerated and being
The
So, we take each one individually.. Section 9732 Sex offenses. convicted as a confirmed and habitual criminal under the provisions of Sections
The provisions of this paragraph (c)(ii) shall also apply to
educational development or job training program that is part of the case plan
at least four (4) members of the Parole Board shall be required to grant parole
The Mississippi Center for Public Policy a conservative, limited government advocacy group also wrote of Drummer last summer that At the end of the day, we are not safer because Drummer is in prison for the rest of her life, her children are not better off by being raised by someone other than their mother, and taxpayer money could certainly be better invested in something else., Reeves said at a news conference last summer that he wasnt considering a pardon for Drummer and didnt know all the facts of the case., Asked if there were any updates on his position, Martin responded in her June 11 email that to my knowledge, Governor Reeves is not considering any pardons at this time., Warren doesnt understand why her sister is still in prison: You have rehabilitated her. Were dealing with having to go to Mississippi and take care of her down there, Warren said. (9) An affirmative vote of
AN AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE MISSISSIPPI PAROLE BOARD
or her parole case plan. and sentenced to life imprisonment without eligibility for parole under the
or both, shall be released on parole without a hearing before the Parole Board
arson, burglary of an occupied dwelling, aggravated assault, kidnapping,
provisions to the contrary in this section, a person who was sentenced under this
Pickett says the law change will make around 4,000 offenders eligible for parole. board shall have exclusive responsibility for investigating clemency
JACKSON, Miss. The inmate is sentenced for a sex crime; or. The new parole law changes that system. Fifty percent (50%) or thirty (30) years, whichever is less, of a sentence for
released by the department until he or she has served no less than*** fifty percent (50%) of a sentence for a crime of violence
eighteen (18) to twenty-five (25) years of age at the time the crime was
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 . An offender shall be placed on parole only
a sexrelated crime shall require the affirmative vote of three (3)
Although there was a lot of compromise in SB 2795, the legislation is good for the state, Barnett said. probation. PROVIDE THAT THE VICTIM OR DESIGNATED FAMILY MEMBER SHALL BE PROVIDED AN
99-19-81 through 99-19-87 shall be eligible for parole, unless the person was
(e) The inmate has a discharge plan
application for parole or of any decision made by the board regarding parole
Commentary on Mississippi habitual offenders law: Change needed eligible for parole who is convicted or whose suspended sentence is revoked
Section 97-3-109. program prior to parole or the offender may be required to complete a post-release
1995, and before July 1, 2014, except for robbery with a deadly weapon; (c)