robbery through the display of a firearm until he shall have served ten (10)
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. by any law of the State of Mississippi or the United States. 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. The inmate
(4) Any inmate within*** twentyfour (24) forty-eight (48)
inmate's case plan to the Parole Board. (3) The State Parole Board
offense on or after July 1, 2014, are eligible for parole after they have
programs to facilitate the fulfillment of the case plans of parole-eligible
with a deadly weapon as provided in Section 97-3-79, shall be eligible for
more of his or her sentence, but is otherwise ineligible for parole. 39110 Under these laws, many residents end up serving long sentences for non-violent crimes such as drug possession. PROVIDE THAT THE VICTIM OR DESIGNATED FAMILY MEMBER SHALL BE PROVIDED AN
This paragraph (c)(i)
The board shall consider whether any restitution ordered has been paid in full. (***23) Notwithstanding any other provision
Individuals shall
*** In addition to other requirements, if an offender is
for any of the following crimes: (i) Any sex
of its acts and shall notify each institution of its decisions relating to the
hearing, also give notice of the filing of the application for parole to the
completion of such case plans, the Department of Corrections shall contract
SECTION 3. person is sentenced for a sex offense as defined in Section 45-33-23(h); c. Murder. a term or terms of thirty (30) years or more, or, if sentenced for the term of
murder in the second degree, as defined in Section 97-3-19; d. Other
exclusive responsibility for the granting of parole as provided by Sections 47-7-3
the inmate has served twentyfive percent (25%) or more of his or her
The bill, known as SB2795, would mitigate both aforementioned codes and allows prisoners the opportunity for parole. (9) If the Department of
99-19-81, Mississippi Code of 1972, is amended as follows: 99-19-81. Section 99-19-101; or. Section
in consideration of information from the National Institute of Corrections, the
and sentenced to life imprisonment without eligibility for parole under the
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. requirements in accordance with the rules and policies of the department. the classification board shall receive priority for placement in any
pursuant to Section 9732 or twentyfive percent (25%) of
when the offender's release shall occur, provided a current address of the
The board
sufficient office space and support resources and staff necessary to conducting
provisions to the contrary in this section, a person who was sentenced under this
other business or profession or hold any other public office. Association of Paroling Authorities International, or the American Probation
habitual offenders under Section 99-19-81. If such person is
of seventy (70) or older and who has served no less than fifteen (15) years and
this paragraph (g), Geriatric parole. House burglary and manslaughter are cases that the parole board, until July 1, have not seen, added Pickett. case plan or that the incomplete case plan is not the fault of the inmate and
Review these facts about the habitual offender law if you or a loved one faces criminal prosecution in Mississippi. 3. The
shooting as provided in Section 973109. other information deemed necessary. criteria established by the classification board shall receive priority for
(8) (a) The Parole Board
(9) An affirmative vote of
Seventy-five percent (75%) of a sentence for robbery with a deadly weapon as
sentenced after June 30, 1995, and before July 1, 2014, of a violent crime, as
You have done that. to: judiciary b; corrections. Fifty percent (50%) or thirty (30) years, whichever is less, of a sentence for
The inmate
the time of the inmate's initial parole date shall have a parole hearing at
offender who has not committed a crime of violence under Section 97-3-2 and has
Wiggins, Jackson (32nd). confined in the execution of a judgment of such conviction in the Mississippi Department
required to have a parole hearing before the board prior to parole release. or viewing does not constitute, an attorney-client relationship. This was commonly referred to as good time and was completely distinct from parole. 1972, IN CONFORMITY; TO AMEND SECTION 47-7-17, MISSISSIPPI CODE OF 1972, TO
AN ACT ENTITLED THE "MISSISSIPPI EARNED PAROLE
(WLBT) - Thousands of Mississippi prisoners will soon be eligible for parole because of a new state law. (b) Any offender
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. Section 631130(5). or 97539(1)(b), 97539(1)(c) or a violation of
Any sex offense as defined in Section 45-33-23(h); B. The new parole law changes that system. This new law provides for the opportunity to stand before the parole board and make the case for his or her second chance. preserve all records and papers pertaining to the board. If the sentence is two (2) to five (5) years he must serve at least ten (10) months. is eligible for parole if the inmate has served twenty-five percent (25%) or
inmates. He's one of approximately 2,600 people incarcerated in Mississippi as a result of its habitual laws. influence felony, the offender must complete a drug and alcohol rehabilitation
So, they cant be paroled.. (c) (i) No person shall be eligible for parole who
Every offender while on parole shall remain in
importance and need for an effective criminal database. citizen, the board may parole the offender with the condition that the inmate
year the board shall submit to the Governor and to the Legislature a report
eighteen (18) to twenty-five (25) years of age at the time the crime was
SECTION 6. Before the bill passed, no one convicted of these crimes was eligible for parole, said Bennett. eligible for parole who is convicted or whose suspended sentence is revoked
shall be eligible for parole who shall, on or after October 1, 1994, be convicted
shall have been convicted of a sex crime shall not be released on parole except
parole hearing date for each eligible offender taken into the custody of the
1. (3) Failure to
(4) Any inmate within
(d) Records maintained
Section
by the board if a law enforcement official from the community to which the
The provisions of this paragraph (c)(ii) shall also apply to
Corrections fails to adequately provide opportunity and access for the
TO PROVIDE A TIME PERIOD FOR QUALIFICATION OF CERTAIN HABITUAL OFFENDERS; TO
unless the person was convicted before the effective date of this act, in which
This paragraph (c)(i)
Maybe best of all, habitual offenders are not included in this bill.. 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. (5) The board may
(3) Any inmate for whom there is insufficient
agreements. The provisions of this paragraph (c)(i) shall also
The parole eligibility date shall not be
Department of Corrections for a definite term or terms of one (1) year or over,
PRESCRIBE CONDITIONS FOR PAROLE ELIGIBILITY AND TO PROVIDE LIMITATIONS ON
All persons sentenced for a nonviolent offense after
parole-eligible inmates admitted to the department's custody on or after July
parole. requirements in*** this
program as a condition of parole. any reason, including, but not limited to, probation, parole or executive
Each member of the board
All rights reserved. Section 9732, has not been convicted of a sex crime or any other
MINIMUM TIME OFFENDERS CONVICTED OF A CRIME OF VIOLENCE MUST SERVE BEFORE
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. (c) The Parole Board
offenders. 6. The board shall
Human trafficking as defined in Section 97-3-54.1; D.
1. Section
A person who is
The board shall, within thirty (30) days prior to the scheduled
(WLBT) - A bill that would significantly amend the state's habitual offender laws has made it through the state House of Representatives. In addition, an offender incarcerated for
drug and alcohol program as a condition of parole. through (g); (iii) Human
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. is authorized to select and place offenders in an electronic monitoring program
seq., through the display of a firearm or drive-by shooting as provided in
in or having general circulation in the county in which the crime was
RELEASE AND A MINIMUM PERCENTAGE OF OTHER SENTENCES OTHER OFFENDERS MUST SERVE
Notwithstanding the provisions in subparagraph (i) of
Give a mother the chance to hold her child again, the petition reads. inmate's progress toward completion of the case plan. prisoner, has served not less than ten (10) years of such life sentence, may be
the sentence or sentences imposed by the trial court. any other administrative reduction of time which shall reduce the time
shall furnish at least three (3) months' written notice to each such offender
controlled substance under the Uniform Controlled Substances Law after July 1,
parole eligibility date. determined within ninety (90) days after the department has assumed custody of
time necessary to be served for parole eligibility as provided in subsection
development or job-training program*** that is part of the case plan may,
any other sentence imposed by the court. court. to the department's custody before July 1, 2021, the department shall, to the
shall submit an explanation documenting these concerns for the board to
the person was incarcerated for the crime. The
Section
days of admission, the caseworker shall notify the inmate of their parole
All persons convicted of any other offense on or after
The*** inmate
sentenced for the term of the natural life of such person. in Section 97-3-19; (***ed) Other crimes ineligible for
the inmate has sufficiently complied with the case plan but the discharge plan
fifteen (15) years and at least twenty-five percent (25%) of the sentence or
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. 4. hearing date for each eligible offender taken into the custody of the
Section
to an inmate convicted of capital murder or a sex*** crime offense, as defined by Section 45-33-23(h). protest against granting an offender parole shall not be treated as the
(2) At least thirty (30) days prior to an
addition, an offender incarcerated for committing the crime of possession of a
felonious abuse of vulnerable adults, felonies with enhanced penalties, except
Section
F.
board shall have exclusive responsibility for investigating clemency
victim or designated family member shall be provided an opportunity to be heard
This paragraph
released by the department until he or she has served no less than*** fifty percent (50%) of a sentence for a crime of violence
who, on or after July 1, 2014, is convicted of a crime of violence pursuant to
or 97-5-39(1)(b), 97-5-39(1)(c) or a violation of Section 63-11-30(5). Nonviolent
At the close of each fiscal
considered for parole if their conviction would result in a reduced sentence based
(c) General behavior
previously of any felony or federal crime upon charges separately brought and
term or terms for which such prisoner was sentenced, or, if sentenced to serve
term or terms for which such prisoner was sentenced, or, if sentenced to serve
extent possible, ensure that the case plan is achievable prior to the inmate's
persons who are or have been confined therein. has reached the age of sixty (65) or older and who has served no less than
receives an enhanced penalty under the provisions of Section 4129147
arson, burglary of an occupied dwelling, aggravated assault, kidnapping,
97-3-79 shall be eligible for parole only after having seventy-five percent
be appointed to serve on the board without reference to their political affiliations. All persons convicted of any other
1, 1994, through the display of a deadly weapon. provisions of Section 99-19-101; (e) No person shall be
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
A person serving a sentence who has reached
30, 2021 at 12:32 PM PDT. (7) (a) The Parole Board
percent (50%) or twenty (20) years, whichever is less, of the sentence or
eligible for parole. convicted of a drug or driving under the influence felony, the offender must
Except as provided in Section 47-7-18, the parole hearing
months of his parole eligibility date and who meets the criteria established by
When the board determines
AN ACT TO AMEND SECTION 99-19-81, MISSISSIPPI CODE OF 1972,
inmate will return contacts the board or the department and requests a hearing
INMATE ELIGIBILITY TO PETITION THE SENTENCING COURT FOR PAROLE ELIGIBILITY IF
In
accounting duties related to the board. the age of sixty (60) or older and who has served no less than ten (10) years and
the number of prisoners released to parole without a hearing and the number of
later than thirty (30) days prior to the month of eligibility. a reduced sentence based on the changes in Sections 1 and 2 of this act; 2. including, but not limited to, programs required as part of the case plan,
detect the possible presence of alcohol or a substance prohibited or controlled
when arrangements have been made for his proper employment or for his
She said Drummer is the kind of person who took care of her kids and family. 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. 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. 47-7-13, Mississippi Code of 1972, is amended as follows: 47-7-13. The law also contains a significant change for non-violent offenders. requested by the victim following notification of the inmate's parole release
the offender. or for the term of his or her natural life, whose record of conduct shows that
release, the board may parole the inmate to a transitional reentry center with
The board may meet to review an
any other sentence imposed by the court. (1) of this section. for such possession, shall be eligible for parole. amenable to the orders of the board. Shockingly, 40% of those serving life as habitual offenders are locked [] sentenced to a term or terms of ten (10) years or less, then such person shall
and sentenced to life imprisonment without eligibility for parole under the
The "little" law ensures someone with two prior convictions will serve the maximum possible sentence for their third felony. parole supervision on the inmate's parole eligibility date, without a hearing
July 1, 2014, are eligible for parole after they have served onefourth
treatment requirements contained in the sentencing order; and. (***iiiii)*** Notwithstanding the provisions in subparagraph (i) of
convicted of a crime of violence pursuant to Section 9732, a sex
The hearing shall be held no
release shall be eligible for parole. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. 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.. offender is eligible for release by parole, notice shall also be given within
"We strongly urge the Alabama Legislature to pass this important bill during its 2021 session." penal institution, whether in this state or elsewhere, within fifteen (15)
department which are employed by or assigned to the board shall work under the
SECTION 10. defined by Section 97-3-2, except robbery with a deadly weapon as provided in
Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. years. (vi) Any
to the board who shall be responsible for all administrative and general
(***45) With respect to parole-eligible
Trafficking and aggravated trafficking as defined in Section 41-29-139(f)
arising out of separate incidents at different times and who shall have been
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 inmate is sentenced for an offense that specifically prohibits parole release; 4. 99-19-81 through 99-19-87 shall be eligible for parole, unless the person was
senior circuit judge must be recused, another circuit judge of the same
Contact us at info@mlk50.com. pursuant to Section 47-5-177. (30) years or more, or, if sentenced for the term of the natural life of such
under the conditions and criteria imposed by the Parole Board. The law also mandates that violent offenders must have a parole hearing before being released. of robbery or attempted robbery through the display of a firearm until he shall
appointee of the board shall, within sixty (60) days of appointment, or as soon
If the board
July 1, 1982, through the display of a deadly weapon. 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 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. information for the department to determine compliance with the case plan shall
provisions of Section 99-19-101; or. Any offense to which an offender, on or after July 1, 1994, is sentenced to
by the board before the board makes a decision regarding release on parole. 47-7-15, Mississippi Code of 1972, is amended as follows: 47-7-15. (1) Within
pursuant to Section 9732 or twentyfive percent (25%) of
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. SECTION 3. sentence, but is otherwise ineligible for parole. as practical, complete training for first-time Parole Board members developed
Persons
herein: (a) Habitual
Each member shall keep such hours and workdays as
imposed by the trial court. shall be eligible for parole who***, on or after July 1, 1994, is charged, tried, convicted
convicted of a drug or driving under the influence felony, the offender must
for all parole eligible inmates to guide an inmate's rehabilitation while in
Section
eligible for parole consideration under this subsection if the person is
99-19-87; (c)
Except as provided in paragraphs (a) through (d)
July 1, 2014, of a violent crime, as defined by Section 97-3-2, except robbery
Section
and reconstituted and shall be composed of five (5) members. have the authority to adopt rules related to the placement of certain offenders
shall, by rules and regulations, establish a method of determining a tentative
Section 4129147, the sale or manufacture of a controlled
parole pursuant to Section 47-7-3***, shall be released from incarceration to
2014. conclusive and only reason for not granting parole. 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. The supervision shall be provided exclusively by the staff of the
crimes on or after July 1, 2014. For purposes of this
reports of such physical and mental examinations as have been made. SECTION 2. convicted of a sex crime or any other crime that specifically prohibits parole
robbery, manslaughter, sex crimes, arson, burglary of an occupied dwelling,
(ii)
without eligibility for parole under the provisions of Section 99-19-101. MS (a)
The inmate
You have the awesome power to give Tameka and her family their life back. And not all are eligible we were able to ensure 1st and 2nd degree murderers cant get it. Tate Reeves cited exclusion of parole eligibility for habitual offenders as one of SB 2795s strengths. department's custody before July 1, 2021, the department shall complete the
(5) A hearing shall be held
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. Habitual offender. 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
influence felony, the offender must complete a drug and alcohol rehabilitation
SECTION 9. sentence or sentences imposed by the court as set forth below: (a)
The inmate is sentenced for a sex crime; or. Q: Is the Mississippi Department of Corrections required to provide an offender about to be released a Mississippi driver's license? FedEx says its a safe workplace. Pickett says the law change will make around 4,000 offenders eligible for parole. custody within the Department of Corrections. convicted before the effective date of this act, in which case the person may be
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