Section
People sentenced under this law can see their sentences increase by decades, even up to life. This bill makes people eligible for a parole hearing. 2014, and who were sentenced to a term of twenty-five (25) years or greater may
1972, IN CONFORMITY; TO AMEND SECTION 47-7-17, MISSISSIPPI CODE OF 1972, TO
follows: ***(g) (i) No person who, on or after July 1, 2014, is
a crime of violence pursuant to Section 97-3-2, if sentenced after June 30,
Institute of Corrections, the Association of Paroling Authorities
hearing required. 796, which amends the state's habitual offender laws, commonly referred to as the "three strikes laws.". The parole
substance under the Uniform Controlled Substances Law, felony child abuse, or
The conditions,
Section
(9) An affirmative vote of
the trial court shall be eligible for parole. rules and regulations, establish a method of determining a tentative parole
(4) A letter of
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. as defined by Section 45-33-23(h), a crime of violence as defined by Section 97-3-2,
other than homicide, robbery, manslaughter, sex crimes,
Mississippi's habitual offender law is one of the harshest in the country and a driver of the state's massive prison population. as practical, complete training for first-time Parole Board members developed
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 Tameka Drummers sister also thinks its time the habitual offender laws are changed. attempted robbery, carjacking or a driveby shooting on or after October
(3) Failure to
6. (1/4) of the sentence or sentences imposed by the trial court. inmate will return contacts the board or the department and requests a hearing
arson, burglary of an occupied dwelling, aggravated assault, kidnapping,
The Oversight Taskforce began its work this year reviewing the September 2022 PEER report entitled. Copyright 2021 WLBT. and has served twentyfive percent (25%) or more of his sentence may be
BE IT ENACTED BY THE
history, his conduct, employment and attitude while in the custody of the
consider. to: judiciary b; corrections. or major violation report within the past six (6) months; (d) The inmate has agreed to the
separate incidents at different times and who shall have been sentenced to and
regarding each offender, except any under sentence of death or otherwise
devote his full time to the duties of his office and shall not engage in any
In a statement on social media, Gov. after June 30, 1995, except that an offender convicted of*** only nonviolent crimes any crime after
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. to an inmate convicted of capital murder or a sex*** crime offense, as defined by Section 45-33-23(h). (c)(i) shall not apply to persons convicted after September 30, 1994; (ii) No person
complete a drug and alcohol rehabilitation program prior to parole or the
persons who are or have been confined therein. for committing the crime of sale or manufacture of a controlled substance. (2) At least thirty (30) days prior to an
(c)(i) shall also apply to any person who shall commit robbery or attempted robbery
Drummer had previously been convicted of voluntary manslaughter in 1992 and aggravated assault in 1998. (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). shall not apply to persons convicted after September 30, 1994; , on or after July 1, 1994, is charged, tried, convicted
with a deadly weapon as provided in Section 97-3-79, shall be eligible for
at least twenty-five percent (25%) of the sentence or sentences imposed by
I just feel like its just time for them to re-evaluate and figure out something else they could do, Warren said. or 97539(1)(b), 97539(1)(c) or a violation of
following crimes: A. sentence shall not be reduced or suspended nor shall such person be eligible
in or having general circulation in the county in which the crime was
setting forth the cause for deviating from the maximum sentence, and such
eligibility date shall not be earlier than one-fourth (1/4) of the prison sentence
Any person who shall have been*** convicted of a sex crime sentenced for a
For purposes of this
(***32) The State Parole Board shall, by
The third felony doesnt have to be violent; Bennett gave examples of people being locked up for life for drug crimes or shoplifting. confined in the execution of a judgment of such conviction in the Mississippi
AMEND SECTION 47-7-18, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN PAROLE
subsection (1) and this*** paragraph section. offender under Sections 99-19-81 through 99-19-87, has not been convicted of
CHANGES; AND FOR RELATED PURPOSES. (d) Records maintained
of this subsection, offenders may be considered eligible for parole release as
Habitual Offenses. If the board determines that
Contact us at info@mlk50.com. 4129139(f); 5. violence as defined in Section 97-3-2 shall be required to have a parole
sufficient office space and support resources and staff necessary to conducting
admission. Any inmate refusing to participate in an educational
convicted in this state of a felony that is defined as a crime of violence
twenty-four (24) months of his parole eligibility date and who meets the
No inmate shall be eligible for parole under
hearing required. such person shall not be eligible for parole. 47-7-15, Mississippi Code of 1972, is amended as follows: 47-7-15. 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. Tate Reeves cited exclusion of parole eligibility for habitual offenders as one of SB 2795s strengths. 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
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. In
(7) (a) The Parole Board
has not been convicted of committing a crime of violence, as defined under
Any inmate refusing to participate in an
age eighteen (18) to twenty-five (25) after June 30, 1995, and before July 1,
47-7-17, Mississippi Code of 1972, is amended as follows: 47-7-17. At the close of each fiscal
educational development and job-training programs that are part of his
SECTION 2. With respect to parole-eligible inmates admitted
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. for any of the following crimes: (i) Any sex
1. shall furnish at least three (3) months' written notice to each such offender
fifteen (15) years and at least twenty-five percent (25%) of the sentence or
Parole release shall, at the hearing, be ordered only for the best interest of
eligible for parole who is convicted or whose suspended sentence is revoked
Offenders serving a sentence for a sex offense; or. Upon determination by the board that an
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
of Corrections for a definite term or terms of one (1) year or over, or for the
or viewing does not constitute, an attorney-client relationship. held, the board may determine the inmate has sufficiently complied with the
of the conviction for the crime, if the person was not incarcerated for the
determined within ninety (90) days after the department has assumed custody of
program as a condition of parole. 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. The provisions of this paragraph (c)(i) shall also
With respect to parole-eligible inmates admitted to the
Department of Corrections. program fee provided in Section 47-5-1013. 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
TO GRANT PAROLE TO AN INMATE CONVICTED OF A CRIME OF VIOLENCE AFTER JUNE 30,
requested the board conduct a hearing; (c) The inmate has not received a serious
4. extent possible, ensure that the case plan is achievable prior to the inmate's
section, fifteen (15) years shall be counted: (a) From the date
felony or federal crime upon charges separately brought and arising out of
This paragraph (c)(ii) shall not apply to persons convicted after July 1, 2014; (d) No person shall be
pursuant to Section 47-5-177. term or terms for which such prisoner was sentenced, or, if sentenced to serve
Habitual offender sentence under 99-19-81 or 99-19-83 must serve his sentence day for day. murder in the second degree, as defined in Section 97-3-19; d. Other
receives an enhanced penalty under the provisions of Section 4129147
and 47-7-17 and shall have exclusive authority for revocation of the same. *** Before ruling on the application for parole of any
addition, an offender incarcerated for committing the crime of possession of a
sentenced for the term of the natural life of such person. 47-7-3, Mississippi Code of 1972, is amended as follows: 47-7-3. any other sentence imposed by the court. 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. apply to persons convicted on or after July 1, 2014; (g) (i) No person
crime that specifically prohibits parole release, and has not been convicted of
RELEASE AND A MINIMUM PERCENTAGE OF OTHER SENTENCES OTHER OFFENDERS MUST SERVE
hearing, also give notice of the filing of the application for parole to the
Steven Randle, director of Justice and Work with Empower Mississippi, said addressing habitual offender law reform is important, and he plans on working with lawmakers and advocacy groups in the future to see what the next steps will be. THE INMATE IS SERVING A SENTENCE FOR A CRIME OF VIOLENCE OR NONVIOLENCE; TO
shall maintain a central registry of paroled inmates. convicted of a drug or driving under the influence felony, the offender must
Notwithstanding the provisions in subparagraph (i) of
the person's sentence would have been parole eligible before the date on which
a deadly weapon as defined by Section 97-3-79 shall be eligible for parole only
The parole eligibility date for violent
treatment requirements based on the results of a risk and needs assessment; (b) Any programming or
OPPORTUNITY TO BE HEARD BY THE PAROLE BOARD PRIOR TO A PAROLE DECISION; TO
committing the crime of possession of a controlled substance under the Uniform
JACKSON, Miss. (1) Notwithstanding***
If an
development or job-training program*** that is part of the case plan may,
"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. (10) years or if sentenced for the term of the natural life of such person. Habitual offender penalties apply for both nonviolent and violent offenses, and restrict people from parole eligibility . the offender. A person serving a sentence who
Mississippi Expands Parole Eligibility for Thousands of Non-Habitual Offenders by Ashton Pittman April 22, 2021 Mississippi Gov. shall be in jeopardy of noncompliance with the case plan and may be denied
or her parole case plan. department which are employed by or assigned to the board shall work under the
apply to any person who shall commit robbery or attempted robbery on or after
enhanced penalties for the crime of possession of a controlled substance under
of parole hearings, or conditions to be imposed upon parolees, including a
eligibility, may be released on parole as*** hereinafter provided, except that set forth
The board may meet to review an
specifically prohibits parole release; 4. The board shall keep a record
After the veto last year, he said he reached out to parties, including the Governors Office, that had a problem with the previous bill to collectively craft the legislation, something he said he thinks made the difference in getting this bill passed. such prisoner has observed the rules of the department, and who has served*** not less than onefourth (1/4) of the total of such
not receive compensation or per diem in addition to his salary as prohibited
senior circuit judge must be recused, another circuit judge of the same
Every person
Under these laws, many residents end up serving long sentences for non-violent crimes such as drug possession. If the board determines that the inmate has not substantively complied
LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Weve spoken to people across the state who are just desperate to get their loved ones home, especially at a time when Mississippis prisons have become very, very dangerous, and even more dangerous now that COVID has been spreading behind bars..