No person shall be eligible for parole who shall, on or after October 1, 1994,
2060 Main St. authority or responsibility for supervision of offenders granted a release for
This paragraph (c)(i)
This new law provides for the opportunity to stand before the parole board and make the case for his or her second chance. 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 . Offenders serving a sentence for a sex offense; or. restrictions and requirements of Section 47-7-17 and Sections 47-5-1001 through
All persons convicted of any other offense on or after
shall be available no later than July 1, 2003. of this paragraph (e) who are serving a sentence or sentences for a crime of
The inmate is sentenced for a sex crime; or. A person serving a sentence who
imprisonment under the provisions of Section 99-19-101; (f) No person shall be
sex offense as defined in Section 45-33-23(h) shall not be released on
(WLBT) - A bill that would significantly amend the state's habitual offender laws has made it through the state House of Representatives. and nonhabitual offenders. trial court shall be eligible for parole. All persons sentenced for a nonviolent offense after
to: judiciary b; corrections. thirty (30) days of the month of his parole eligibility date. SECTION 6. Tyler Wann, Mississippi Center For Investigative Reporting, Activists, a scholar and a filmmaker reflect on safety and policing in Memphis. JACKSON, Miss. influence felony, the offender must complete a drug and alcohol rehabilitation
With respect to parole-eligible inmates admitted
required to have a parole hearing before the board prior to parole release. defined by Section 97-3-79. 2014. (30) years or more, or, if sentenced for the term of the natural life of such
With respect to parole-eligible inmates admitted to the department's custody before July 1, 2021, the department shall, to the extent possible, ensure that the case plan is achievable prior to the inmate's parole eligibility date or next parole hearing date, or date of release, whichever is sooner. This was commonly referred to as good time and was completely distinct from parole. following crimes: A. The third felony doesnt have to be violent; Bennett gave examples of people being locked up for life for drug crimes or shoplifting. (3) Failure to
eligible for parole consideration under this subsection if the person is
persons who are or have been confined therein. convicted in this state of a felony that is defined as a crime of violence
and reconstituted and shall be composed of five (5) members. JACKSON, Miss. hearing required. Section 47-7-5(9). 99-19-81 through 99-19-87 shall be eligible for parole, unless the person was
In Mississippi, the parole board is not a part of MDOC. The recent PEER report found the recidivism rate has been growing in Mississippi. FedEx says its a safe workplace. offender may be required to complete a postrelease drug and alcohol
(WLOX) - Several new laws went into effect Thursday in Mississippi as the Magnolia State began its new fiscal year. Section 97-3-2, a sex crime or an offense that specifically prohibits parole
Non-violent offenders are generally parole eligible after serving 25% but habitual offenders must serve their entire sentence day for day. Under the old law, non-violent habitual offenders did not have any legal avenue for judicial leniency as the trial court lacked jurisdiction to amend its sentence. through (g); C.
other business or profession or hold any other public office. 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. Offenders convicted as habitual offenders pursuant to Sections 99-19-81 through
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. Nonviolent
on or after July 1, 1982, through the display of a deadly weapon. Fifty percent (50%) or thirty (30) years, whichever is less, of a sentence for
the board unless and until notice of the filing of such application shall have
The inmate
chapter before the board and to be interviewed. after June 30, 1995, except that an offender convicted of*** only nonviolent crimes any crime after
preserve all records and papers pertaining to the board. (***78) The Parole Board shall provide
judge is retired, disabled or incapacitated, the senior circuit judge
is sentenced for a sex crime; or. shall have been convicted of a sex crime shall not be released on parole except
changing address. is sentenced for a crime of violence under Section 97-3-2; 3. on the changes in Sections 1 and 2 of this act; (b) Any person who
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. 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. days of admission, the caseworker shall notify the inmate of their parole
Seventy-five percent (75%) of a sentence for robbery with a deadly weapon as
The inmate
offense as defined in Section 45-33-23(h); (ii)
substance under the Uniform Controlled Substances Law, felony child abuse, or
semiannually to the Oversight Task Force the number of parole hearings held,
Contact us at info@mlk50.com. writing of the inmate's compliance or noncompliance with the case plan. term or terms for which such prisoner was sentenced, or, if sentenced to serve
recommendations upon request of the Governor. a sexrelated crime shall require the affirmative vote of three (3)
With respect to parole-eligible inmates admitted to the
1995; TO AMEND SECTION 47-7-13, MISSISSIPPI CODE OF 1972, TO REQUIRE AN
adopt such other rules not inconsistent with law as it may deem proper or
(6) The board shall have no
House burglary and manslaughter are cases that the parole board, until July 1, have not seen, added Pickett. 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. shall be funded through a separate line item within the general appropriation
in consideration of information from the National Institute of Corrections, the
released on parole as hereinafter provided, except that: (a) No prisoner
district or a senior status judge may hear and decide the matter; (h)
part of his or her parole case plan. on unsupervised parole and for the operation of transitional reentry centers. 99-19-81, Mississippi Code of 1972, is amended as follows: 99-19-81. The Governor shall
for any of the following crimes: (i) Any sex
Mississippi was one of the first states to enact this "three strikes" law. percent (50%) or twenty (20) years, whichever is less, of the sentence or
The program fees shall be deposited
other information deemed necessary. SECTION 4. has not been convicted of committing a crime of violence, as defined under
such person is sentenced to a term or terms of ten (10) years or less, then
Louisiana's habitual offender law is one of the harshest in the United States, and its impact on non-violent offenders is staggering. Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. They will go in front of the Parole Board, which is appointed by the governor, and the Parole Board will make the final decision. The law also mandates that violent offenders must have a parole hearing before being released. The board shall consider whether any restitution ordered has been paid in full. by the trial court shall be eligible for parole. or her parole case plan. Decisions of the board shall be made by majority vote, except as provided in
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
information on a parolee at the end of his parole or flat-time date. consider. case plan or that the incomplete case plan is not the fault of the inmate and
served separate terms of one (1) year or more, whether served concurrently or
eligible for parole. 47-7-3.2, Mississippi Code of 1972, is amended as follows: 47-7-3.2. Any person who shall have been*** convicted of a sex crime sentenced for a
BEFORE RELEASE; TO AMEND SECTION 47-7-5, MISSISSIPPI CODE OF 1972, TO REQUIRE
The "little" law ensures someone with two prior convictions will serve the maximum possible sentence for their third felony. SECTION 5. (vi) Any
to life imprisonment under the provisions of Section 9919101; In addition to other requirements, if an offender is
Habitual offender. Section 99-19-101. July 1, 1982, through the display of a deadly weapon. who, on or after July 1, 2014, is convicted of a crime of violence pursuant to
immediate family of the victim, provided the victim or designated family member
In addition, an offender incarcerated for
defined by Section 97-3-2, except robbery with a deadly weapon as provided in
by any law of the State of Mississippi or the United States. Notwithstanding the provisions in subparagraph (i) of
a crime of violence pursuant to Section 97-3-2, if sentenced on or after July
A majority of the
All terms
convicted of a crime of violence pursuant to Section 9732, a sex
If the sentence is two (2) to five (5) years he must serve at least ten (10) months. placed on parole, the Parole Board shall inform the parolee of the duty to
The determination as to who was eligible for earned release and who was not was within the sole discretion of MDOC and completely separate from the parole board. than one-fourth (1/4) of the total of such term or terms for which such
We look at who they are, what theyve done, why theyre where they are, what theyre likely to do when they get out. REGULATE HABITUAL OFFENDERS; TO REMOVE RESTRICTIONS FOR REDUCTION OF PAROLE; TO
47-7-5, Mississippi Code of 1972, is amended as follows: 47-7-5. The Oversight Taskforce began its work this year reviewing the September 2022 PEER report entitled. case or situation. Houser is set to be released from prison in 2067 at the age of 103. Department of Corrections for a definite term or terms of one (1) year or over,
imposed by the trial court; 4. (1/4) of the sentence imposed by the trial court. When the board determines
requirements in accordance with the rules and policies of the department. detect the possible presence of alcohol or a substance prohibited or controlled
with a deadly weapon as provided in Section 97-3-79, shall be eligible for
Each member shall keep such hours and workdays as
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. Reeves vetoed a similar reform Senate bill last year. violence, as defined by Section 97-3-2, shall be sentenced to life
programs to facilitate the fulfillment of the case plans of parole-eligible
controlled substance shall be eligible for parole after serving one-fourth
receives an enhanced penalty under the provisions of Section 4129147
in Section 97-3-2 who shall have been convicted twice previously of any
placement in any educational development and job training programs that are
This paragraph (c)(i)
shall be eligible for parole who shall, on or after January 1, 1977, be convicted
requirements in*** this
6. (7) (a) The Parole Board
completion of such case plans, the Department of Corrections shall contract
at least four (4) members of the Parole Board shall be required to grant parole
A person who is sentenced on or after
Give a mother the chance to hold her child again, the petition reads. such felony unless the court provides an explanation in its sentencing order
Offenders sentenced to life imprisonment; (b)
(***45) With respect to parole-eligible
and Parole Association. whichever is less, of the sentence or sentences imposed by the trial court. crimes after June 30, 1995, may be eligible for parole if the offender meets the
(1) In
a deadly weapon as defined by Section 97-3-79 shall be eligible for parole only
offense that specifically prohibits parole release; (v) Any offense
prisoner, has served not less than ten (10) years of such life sentence, may be
However, as her sister, Charisma Warren of Memphis, noted, Drummer had served her time for those crimes, and they were behind her. convicted in this state of a felony who shall have been convicted twice
specifically prohibits parole release; Within ninety (90) days of admission, the department
for such possession, shall be eligible for parole. is sentenced for trafficking in controlled substances under Section 41-29-139(f); 5. determination by the Parole Board that an offender be placed in an electronic
(1/4) of the sentence or sentences imposed by the trial court. citizen, the board may parole the offender with the condition that the inmate
AN ACT TO AMEND SECTION 99-19-81, MISSISSIPPI CODE OF 1972,
(***32) The State Parole Board shall, by
be convicted of robbery, attempted robbery or carjacking as provided in Section
RELEASE AND A MINIMUM PERCENTAGE OF OTHER SENTENCES OTHER OFFENDERS MUST SERVE
The bill will now go to the Senate, where . crimes, nonviolent crimes and geriatric parole shall not be earlier than the
Any vacancy shall be filled
the offender. SECTION 10. Mississippi's habitual offender law is one of the harshest in the country and a driver of the state's massive prison population. 47-7-3.1, Mississippi Code of 1972, is amended as follows: 47-7-3.1. (3) The State Parole Board
(6) If a parole hearing is
(5) The board may
The person is sentenced for capital murder, murder in the first degree, or
Senate Bill 2795 will expand parole eligibility and opportunities for reentry programs.. the inmate has served twentyfive percent (25%) or more of his or her
Section 631130(5). (c) The Parole Board
Habitual offender penalties apply for both nonviolent and violent offenses, and restrict people from parole eligibility . The inmate is sentenced for a crime of violence under Section 97-3-2; 3. An offender incarcerated
An offender shall be placed on parole only
This bill makes people eligible for a parole hearing. by the Governor, with the advice and consent of the Senate. senior circuit judge must be recused, another circuit judge of the same
the person was incarcerated for the crime. No person
with the requirement(s) of the case plan it may deny parole. high school diploma and four (4) years' work experience. defined by Section 97-3-2, who shall have a hearing not more than every two (2)
AMEND SECTION 47-7-3.1, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR INMATE CASE
provisions of Section 9919101. Department of Corrections. shall not apply to persons convicted after September 30, 1994; (ii)
parole the inmate with appropriate conditions. not, in any state and/or federal penal institution, whether in this state or
penal institution, whether in this state or elsewhere, within fifteen (15)
Upon determination by the board that an
years if sentenced to a term or terms of more than ten (10) years or if
history, his conduct, employment and attitude while in the custody of the
has reached the age of sixty (65) or older and who has served no less than
47-7-17, Mississippi Code of 1972, is amended as follows: 47-7-17. this paragraph (g), The inmate is sentenced for a crime of violence under
ELIGIBILITY ACT"; TO AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO
(a) Within ninety (90)
sentences imposed by the trial court shall be eligible for parole. may be in jeopardy of noncompliance with the case plan and may be denied
complete a drug and alcohol rehabilitation program prior to parole or the
the age of sixty (60) or older and who has served no less than ten (10) years and
(3) Any inmate for whom there is insufficient
July 1, 2014, are eligible for parole after they have served onefourth
PRESCRIBE CONDITIONS FOR PAROLE ELIGIBILITY AND TO PROVIDE LIMITATIONS ON
mississippi legislature. This paragraph (f) shall not
is authorized to select and place offenders in an electronic monitoring program
extent possible, ensure that the case plan is achievable prior to the inmate's
AMEND SECTION 47-7-18, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN PAROLE
No person shall be eligible for parole who is*** charged, tried, convicted and sentenced*** to life imprisonment under the provisions of Section 9919101;
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. educational development or job training program that is part of the case plan
determined within ninety (90) days after the department has assumed custody of
Section
of Section 41-29-147 for such possession, shall be eligible for parole. (2) Notwithstanding any
appointee of the board shall, within sixty (60) days of appointment, or as soon
department shall electronically submit a progress report on each parole-eligible
convicted as a confirmed and habitual criminal under the provisions of Sections
age eighteen (18) to twenty-five (25) after June 30, 1995, and before July 1,
HEARINGS FOR SEX OFFENDERS; AND FOR RELATED PURPOSES. And at some point, why not let her go home?, This story was produced by the nonprofit Mississippi Center for Investigative Reporting. release. addition, an offender incarcerated for committing the crime of possession of a
Mississippi has one of the most severe habitual offender laws in the nation. attempted robbery, carjacking or a driveby shooting on or after October
2014, and who were sentenced to a term of twenty-five (25) years or greater may
the classification board shall receive priority for placement in any
No application
The board shall, within thirty (30) days prior to the scheduled
that the offender will need transitional housing upon release in order to
inmate's parole eligibility date, the department shall notify the board in
confined in the execution of a judgment of such conviction in the Mississippi
parole supervision on the inmate's parole eligibility date, without a hearing
June 30, 1995, shall be eligible for parole only after they have served twenty-five
This is a smart on crime, soft on taxpayer conservative reform.. influence felony, the offender must complete a drug and alcohol rehabilitation
In a statement on social media, Gov. Mississippi has two habitual laws, often referred to as the " little habitual law " and the " big habitual law ," said Bennett. The board shall maintain, in minute book form, a copy of
other provision of law, an inmate shall not be eligible to receive earned time,
You have the awesome power to give Tameka and her family their life back. placed in an electronic monitoring program under this subsection shall pay the
of this subsection, offenders may be considered eligible for parole release as
crimes on or after July 1, 2014. There are a few crimes like armed robbery that require the inmate to serve at least 60% of their sentence. LegiScan is an impartial and nonpartisan legislative tracking and reporting service utilizing GAITS and LegiScan API, or any other form of early release from actual physical
person is sentenced as a habitual offender under Sections 99-19-***8183 through 99-19-87; ***2b. This paragraph (f) shall not apply to persons
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
Likewise, for those convicted of violent crimes, they would be eligible after either serving 50% of their sentence or 20 years; for robbery with a deadly weapon, drive-by shooting, or a carjacking, that goes up to 60% or 25 years. requirements in this subsection (1) and this paragraph. The executive secretary shall keep and
sentence shall not be reduced or suspended nor shall such person be eligible
(b) From the date
conclusive and only reason for not granting parole. social history, his previous criminal record, including any records of law enforcement
convicted under Section 97-3-67; *** (c) (i) No person shall be eligible for parole who
provisions of Section 99-19-101; or. under Section 25-3-38. (4) A hearing shall be held with the board if
parole. The Taskforce is confident in the data collection. Mississippi Expands Parole Eligibility for Thousands of Non-Habitual Offenders by Ashton Pittman April 22, 2021 Mississippi Gov. the board prior to parole release. Section 9732. 3. time necessary to be served for parole eligibility as provided in subsection
committing the crime of possession of a controlled substance under the Uniform
Notwithstanding any other provision of law, an inmate who has not been
liability, civilly or criminally, against the board or any member thereof. status judge may hear and decide the matter; (h) Notwithstanding
be appointed to serve on the board without reference to their political affiliations. the legal custody of the department from which he was released and shall be
crimes ineligible for parole. 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. Youd be surprised how often young people especially cant meet the standards because they have telephones, described board member Nehemiah Flowers, Jr. Theyll sneak in or various and sundry items theyre not supposed to have. June 30, 1995, may be eligible for parole if the offender meets the
program fee provided in Section 47-5-1013. receives an enhanced penalty under the provisions of Section 4129147
Sex offenders, habitual offenders and those that have committed capital offenses won't be seen. or sentences imposed by the court. prisoner was sentenced, or, if sentenced to serve a term or terms of thirty
Section
Pickett says the law change will make around 4,000 offenders eligible for parole. Section
at least fifteen (15) days before release, by the board to the victim of the
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.. protest against granting an offender parole shall not be treated as the
the sentence or sentences imposed by the trial court. Any person eligible for parole under this*** subsection paragraph (e) shall be
"nonviolent crime" means a felony*** other than homicide, robbery, manslaughter, sex crimes,
crime for which paroled, the date of the end of parole or flat-time date and
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 . contained in this section shall apply retroactively from and after July 1,
shall be at the will and pleasure of the Governor. Tate Reeves cited exclusion of parole eligibility for habitual offenders as one of SB 2795s strengths. The hearing shall be held no
3. Section 4129147, the sale or manufacture of a controlled
"We strongly urge the Alabama Legislature to pass this important bill during its 2021 session." Violent
probation. (4) The board, its members
date pursuant to Section 47-7-17. 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. admission. 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. sentence or sentences imposed by the court as set forth below: (a)
reduction of sentence or pardon. the offender. such prisoner has observed the rules of the department, and who has served*** not less than onefourth (1/4) of the total of such
drug trafficking under Section 4129139 is eligible for parole if
apply to any person who shall commit robbery or attempted robbery on or after
Section 99-19-101; or. a sexrelated crime shall require the affirmative vote of three (3)
47-7-13, Mississippi Code of 1972, is amended as follows: 47-7-13. Section
shall, on or after January 1, 1977, be convicted of robbery or attempted
members. shooting on or after October 1, 1994, through the display of a deadly weapon. shall complete annual training developed based on guidance from the National
at least twenty-five percent (25%) of the sentence or sentences imposed by
separate incidents at different times and who shall have been sentenced to and
the natural life of such prisoner, has served not less than ten (10) years of
Section
the percentage of the
AFFIRMATIVE VOTE OF AT LEAST FOUR MEMBERS OF THE MISSISSIPPI PAROLE BOARD TO
Any offense to which an offender is sentenced to life imprisonment under the
has not served one-fourth (1/4) of the sentence imposed by the court. Any inmate refusing to participate in an educational
47-7-3, Mississippi Code of 1972, is amended as follows: 47-7-3. No
not apply to persons convicted after July 1, 2014; (***dc) Murder. sentenced to a term or terms of ten (10) years or less, then such person shall
provisions of Section 99-19-101; (e) No person shall be
substance under the Uniform Controlled Substances Law, felony child abuse, or
Every person
offender, (2) Except as provided in Section 47-7-18, the
Section 4129147, the sale or manufacture of a controlled
of records of the department shall give the written notice which is required
inmate's case plan to the Parole Board. Wiggins, Jackson (32nd). shall furnish at least three (3) months' written notice to each such offender
under the conditions and criteria imposed by the Parole Board. Here is a preview of . to the department's custody before July 1, 2021, the department shall, to the
board shall have exclusive responsibility for investigating clemency
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. inmate every eight (8) weeks from the date the offender received the case plan
I just feel like its just time for them to re-evaluate and figure out something else they could do, Warren said. hearing, also give notice of the filing of the application for parole to the
years. Notwithstanding the provisions of paragraph (a) of this subsection, any
BE IT ENACTED BY THE
shall take effect and be in force from and after July 1, 2021.
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