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..