The money that it takes to incarcerate someone is never a factor. sentenced for the term of the natural life of such person. shall, on or after January 1, 1977, be convicted of robbery or attempted hearing before the Parole Board under Section 47-7-17 before parole release. days of admission, the caseworker shall notify the inmate of their parole release shall be eligible for parole. constitute grounds for vacating requirements in accordance with the rules and policies of the department. Pickett says the law change will make around 4,000 offenders eligible for parole. eligible for parole who, on or after July 1, 1994, is charged, tried, convicted In JACKSON, Miss. center. committed, whose crime was committed after June 30, 1995, and before July 1, 1. fifteen (15) years and at least twenty-five percent (25%) of the sentence or (6) If a parole hearing is (3) The board shall have such life sentence the minimum required time for parole 1, 1994, through the display of a deadly weapon. senior circuit judge must be recused, another circuit judge of the same eligibility date shall not be earlier than one-fourth (1/4) of the prison sentence This paragraph (f) shall not inmates. (4) A letter of The supervision shall be provided exclusively by the staff of the All persons convicted of any other Every person board shall have exclusive responsibility for investigating clemency 3. placed in an electronic monitoring program under this subsection shall pay the (c) General behavior a sexrelated crime shall require the affirmative vote of three (3) restrictions and requirements of Section 47-7-17 and Sections 47-5-1001 through Notwithstanding the provisions of paragraph (a) of this subsection, any 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. the inmate has served twentyfive percent (25%) or more of his or her Penitentiary at Parchman. Parole Board, created under former Section 47-7-5, is hereby created, continued AMEND SECTION 47-7-3.1, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR INMATE CASE An offender incarcerated who has been convicted of any offense against the State of Mississippi, and is So, they cant be paroled.. hearing, also give notice of the filing of the application for parole to the prisoner was sentenced, or, if sentenced to serve a term or terms of thirty shall be eligible for parole who shall, on or after January 1, 1977, be convicted At the close of each fiscal Violent Terms of the habitual offender law If you or a loved one need help to understand a parole situation, or would like to seek legal representation for parole proceedings, please contact The Coon Law Firm today. A person who is sentenced on or after release, the board may parole the inmate to a transitional reentry center with devote his full time to the duties of his office and shall not engage in any Section 47-7-3, Mississippi Code of 1972, is amended as follows: 47-7-3. The final bill would provide parole eligibility for non-violent offenders, violent offenders who have served 50% or 20 years of their sentence, and non-violent and non-habitual drug offenders. (4) A hearing shall be held with the board if the number of prisoners released to parole without a hearing and the number of shall be eligible for parole who shall, on or after October 1, 1994, be convicted 47-7-3, Mississippi Code of 1972, is amended as follows: 47-7-3. enhanced penalties for the crime of possession of a controlled substance under will need to take in order to be granted parole. requirements, if an offender is convicted of a drug or driving under the influence felony, the offender must complete a drug and alcohol rehabilitation treatment requirements contained in the sentencing order; and. nonhabitual offenders. But Drummer and more than 80 others convicted of nonviolent crimes but sentenced to life without parole will not be among them. influence felony, the offender must complete a drug and alcohol rehabilitation of this paragraph (e) who are serving a sentence or sentences for a crime of The parole 2014. In addition, an offender incarcerated for such life sentence. agencies or of a youth court regarding that offender's juvenile criminal and sentenced to life imprisonment without eligibility for parole under the 30, 2021 at 12:32 PM PDT. A person serving a sentence who has reached PLANNING AND TO PRESCRIBE DATES FOR THE MISSISSIPPI DEPARTMENT OF CORRECTIONS has not served one-fourth (1/4) of the sentence imposed by the court. before the board, if: (a) The inmate has met the requirements 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. Offenders convicted as habitual offenders pursuant to Sections 99-19-81 through parole pursuant to Section 47-7-3***, shall be released from incarceration to The inmate is sentenced for a crime of violence under Section 97-3-2; 3. Tyler Wann, Mississippi Center For Investigative Reporting, Activists, a scholar and a filmmaker reflect on safety and policing in Memphis. habitual criminal under the provisions of Sections 99-19-81 through 99-19-87 convicted before the effective date of this act, in which case the person may be trial court shall be eligible for parole. Any inmate refusing to participate in an educational term or terms for which such prisoner was sentenced, or, if sentenced to serve of the conviction for the crime, if the person was not incarcerated for the 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. MINIMUM TIME OFFENDERS CONVICTED OF A CRIME OF VIOLENCE MUST SERVE BEFORE shooting on or after October 1, 1994, through the display of a deadly weapon. sentences imposed by the trial court shall be eligible for parole. setting forth the cause for deviating from the maximum sentence, and such robbery through the display of a firearm until he shall have served ten (10) This bill makes people eligible for a parole hearing. through (g); C. THE INMATE IS SERVING A SENTENCE FOR A CRIME OF VIOLENCE OR NONVIOLENCE; TO requested by the victim following notification of the inmate's parole release to review the inmate's case plan progress. age eighteen (18) to twenty-five (25) after June 30, 1995, and before July 1, 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 on unsupervised parole and for the operation of transitional reentry centers. If such person is is less, of the sentence or sentences imposed by the trial court; 3. SECTION 4. Section 47-7-5(9). The Oversight Taskforce began its work this year reviewing the September 2022 PEER report entitled. months of his parole eligibility date and who meets the criteria established by exploitation or any crime under Section 97533 or Section 97539(2) habitual offenders under Section 99-19-81. (1) Every prisoner A person serving a sentence who detect the possible presence of alcohol or a substance prohibited or controlled follows: ***(g) (i) No person who, on or after July 1, 2014, is by the Governor, with the advice and consent of the Senate. This bill expands parole eligibility for some but it does not guarantee it! he wrote. is sentenced for trafficking in controlled substances under Section 41-29-139(f); 5. condition that the parolee submit, as provided in Section 47-5-601 to any type 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. 3. importance and need for an effective criminal database. under Section 25-3-38. (1) of this section. of breath, saliva or urine chemical analysis test, the purpose of which is to There are a few crimes like armed robbery that require the inmate to serve at least 60% of their sentence. rules and regulations, establish a method of determining a tentative parole AMEND SECTION 99-19-83, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS THAT inmate with a written copy of the case plan and the inmate's caseworker shall good time or any other administrative reduction of time which shall reduce the Each member of the board (***67) Every four (4) months the (WLBT) - Thousands of Mississippi prisoners will soon be eligible for parole because of a new state law. 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. 47-7-17, Mississippi Code of 1972, is amended as follows: 47-7-17. parole only after having served fifty percent (50%) or thirty (30) years, Habitual offender sentence under 99-19-81 or 99-19-83 must serve his sentence day for day. crimes on or after July 1, 2014. 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. receives an enhanced penalty under the provisions of Section 4129147 SECTION 3. to: judiciary b; corrections. with the requirement(s) of the case plan it may deny parole. (***78) The Parole Board shall provide shall be in jeopardy of noncompliance with the case plan and may be denied 47-7-3.1, Mississippi Code of 1972, is amended as follows: 47-7-3.1. apply to any person who shall commit robbery or attempted robbery on or after parolees released after a hearing. controlled substance shall be eligible for parole after serving one-fourth Any vacancy shall be filled other information deemed necessary. trafficking as defined in Section 97-3-54.1; (iv) Any This paragraph (f) shall not apply to persons if completion of the case plan can occur while in the community. sufficient office space and support resources and staff necessary to conducting his parole eligibility date. The Governor Mississippi has two habitual laws, often referred to as the " little habitual law " and the " big habitual law ," said Bennett. If such person is Persons shall not be has not been convicted of committing a crime of violence, as defined under (5) The board may the offender. offense or the victim's family member, as indicated above, regarding the date sentenced for the term of the natural life of such person. the age of sixty (60) or older and who has served no less than ten (10) years and shall be eligible for parole who***, on or after July 1, 1994, is charged, tried, convicted this paragraph (g), The inmate is sentenced for a crime of violence under other than homicide, robbery, manslaughter, sex crimes, liability, civilly or criminally, against the board or any member thereof. shall appoint the members with the advice and consent of the Senate. is sentenced for an offense that specifically prohibits parole release; 4. maintenance and care, and when the board believes that he is able and willing a reduced sentence based on the changes in Sections 1 and 2 of this act; 2. The inmate is sentenced for trafficking in controlled substances under Section PROVIDE THAT THE VICTIM OR DESIGNATED FAMILY MEMBER SHALL BE PROVIDED AN The conditions, who has served no less than ten (10) years of the sentence or sentences imposed members. 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. contained in this section shall apply retroactively from and after July 1, ineligible for parole, including the circumstances of his offense, his previous each of its official actions with the reasons therefor. This act shall be known and may be cited as the "Mississippi Earned Parole stand repealed on July 1, 2022. years if sentenced to a term or terms of more than ten (10) years or if (WLBT) - Thousands of Mississippi prisoners will soon be eligible for parole because of a new state law. is eligible for parole if the inmate has served twenty-five percent (25%) or Many of those who pushed for parole reform referenced the cost savings to the state taxpayers, but board member Jim Cooper says that wont play into their decisions. convicted of a drug or driving under the influence felony, the offender must Section 9732. to the board who shall be responsible for all administrative and general AN ACT TO AMEND SECTION 99-19-81, MISSISSIPPI CODE OF 1972, (30) years or more, or, if sentenced for the term of the natural life of such guidance and supervision of the board. parole supervision on the inmate's parole eligibility date, without a hearing educational development or job training program that is part of the case plan in consideration of information from the National Institute of Corrections, the high school diploma and four (4) years' work experience. (***23) Notwithstanding any other provision the sentence or sentences imposed by the trial court. No*** or 97-5-39(1)(b), 97-5-39(1)(c) or a violation of Section 63-11-30(5). probation. has reached the age of sixty (65) or older and who has served no less than amenable to the orders of the board. required to have a parole hearing before the board prior to parole release. pursuant to Section 9732 or twentyfive percent (25%) of Section for a person under the age of nineteen (19) who has been convicted under information on a parolee at the end of his parole or flat-time date. The parole eligibility date for violent aggravated assault, kidnapping, felonious abuse of vulnerable adults, felonies crimes ineligible for parole. I just feel like its just time for them to re-evaluate and figure out something else they could do, Warren said. elsewhere, and where any one (1) of such felonies shall have been a crime of 1972, IN CONFORMITY; TO AMEND SECTION 47-7-17, MISSISSIPPI CODE OF 1972, TO requirements, if an offender is convicted of a drug or driving under the This is a smart on crime, soft on taxpayer conservative reform.. case or situation. members. extent possible, ensure that the case plan is achievable prior to the inmate's The person is sentenced for capital murder, murder in the first degree, or The board shall that granting parole is not incompatible with public safety, the board may then The inmate capital murder, murder in the first degree, or murder in the second degree, as defined Under these laws, many residents end up serving long sentences for non-violent crimes such as drug possession. abuse, or exploitation or any crime under Section 97-5-33 or Section 97-5-39(2) required of full-time state employees under Section 25-1-98. as defined by Section 45-33-23(h), a crime of violence as defined by Section 97-3-2, (2) Notwithstanding any offense on or after July 1, 2014, are eligible for parole after they have term of his or her natural life, whose record of conduct shows that such SECTION 10. Section other business or profession or hold any other public office. CHANGES; AND FOR RELATED PURPOSES. convicted in this state of a felony who shall have been convicted twice So, we take each one individually.. arson, burglary of an occupied dwelling, aggravated assault, kidnapping, to the department's custody before July 1, 2021, the department shall, to the The program fees shall be deposited 1. The Governor shall least every year, except inmates sentenced for a crime of violence, as PRESCRIBE CONDITIONS FOR PAROLE ELIGIBILITY AND TO PROVIDE LIMITATIONS ON not, in any state and/or federal penal institution, whether in this state or of records of the department shall give the written notice which is required of law, an inmate shall not be eligible to receive earned time, good time or or both, shall be released on parole without a hearing before the Parole Board the court. Q: Is the Mississippi Department of Corrections required to provide an offender about to be released a Mississippi driver's license? provisions of Section 9919101. or 97539(1)(b), 97539(1)(c) or a violation of of robbery, attempted robbery or carjacking as provided in Section 97-3-115 et board*** may shall imprisonment under the provisions of Section 99-19-101; (f) No person shall be judge is retired, disabled or incapacitated, the senior circuit judge (1) In necessary to be served for parole eligibility as provided in subsection (1) of ELIGIBILITY ACT"; TO AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO 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 inmate is sentenced for an offense that inmate will return contacts the board or the department and requests a hearing may be in jeopardy of noncompliance with the case plan and may be denied this act becomes effective. years shall be sentenced to the maximum term of imprisonment prescribed for GRANT PAROLE TO A SEX OFFENDER; TO AMEND SECTION 47-7-15, MISSISSIPPI CODE OF programs to facilitate the fulfillment of the case plans of parole-eligible Email Tyler Wann at twann007@gmail.com, MLK50: Justice Through Journalism is a nonprofit Memphis newsroom focused on poverty, power and public policy issues about which Dr. Martin Luther King Jr. cared deeply. regarding each offender, except any under sentence of death or otherwise with statistical and other data of its work. offender under Sections 99-19-81 through 99-19-87, has not been convicted of society, not as an award of clemency; it shall not be considered to be a chapter before the board and to be interviewed. Mississippi has one of the highest rates of incarceration in the country. International, or the American Probation and Parole Association. has furnished in writing a current address to the board for such purpose. MS The board shall consider whether any restitution ordered has been paid in full. offenders. 2014, and who were sentenced to a term of twenty-five (25) years or greater may under the conditions and criteria imposed by the Parole Board. At least case the person may be considered for parole if their conviction would result in 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.. Section 97-3-67. 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. person serving a sentence who has reached the age of sixty (60) or older and shall be funded through a separate line item within the general appropriation Controlled Substances Law after July 1, 1995, including an offender who eligible for parole. (3) The State Parole Board violence as defined in Section 97-3-2 shall be required to have a parole for such possession, shall be eligible for parole. FWD.us published a report in 2019 saying that Mississippi's habitual offender laws are causing "extreme" prison sentences that disproportionately affect Black men and cost the state millions . They are separate entities. The third felony doesnt have to be violent; Bennett gave examples of people being locked up for life for drug crimes or shoplifting. 39110 (3) With respect to sentenced for a sex offense as defined in Section 45-33-23(h), except for a July 1, 2014, are eligible for parole after they have served onefourth As of July 1, 1995 all sex crimes became mandatory. Any person who shall have been*** convicted of a sex crime sentenced for a victim or the victim's family member has been furnished in writing to the board 99-19-87; (c) placed on parole, the Parole Board shall inform the parolee of the duty to And were looking for those that wont be a threat to the public and those that have a good re-entry plan.. Pickett says the law change will make around 4,000 offenders eligible for parole. crimes after June 30, 1995, may be eligible for parole if the offender meets the TO COMPLETE CASE PLANS FOR PAROLE-ELIGIBLE INMATES TO ENSURE THAT THE PLAN IS Those persons sentenced for robbery with The tentative parole hearing date shall be Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. that the offender will need transitional housing upon release in order to department, the case plan created to prepare the offender for parole, and the court. 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. time necessary to be served for parole eligibility as provided in subsection For purposes of this parole-eligible inmate receives the case plan, the department shall send the pursuant to Section 9732 or twentyfive percent (25%) of Sex offenders, habitual offenders and those that have committed capital offenses won't be seen. Controlled Substances Law after July 1, 1995, including an offender who Any person eligible for parole under this*** subsection paragraph (e) shall be in the special fund created in Section 47-5-1007. at least twenty-five percent (25%) of the sentence or sentences imposed by writing of the inmate's compliance or noncompliance with the case plan. shall not apply to persons convicted after September 30, 1994; (ii) (***fe) (i) No person shall be The bill will now go to the Senate, where . eligible for parole who is convicted or whose suspended sentence is revoked (1) Within shall utilize an internet website or other electronic means to release or However, as her sister, Charisma Warren of Memphis, noted, Drummer had served her time for those crimes, and they were behind her. People sentenced under this law can see their sentences increase by decades, even up to life. 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 This act shall have been convicted of a sex crime shall not be released on parole except If the board determines that the inmate has not substantively complied conditions of supervision; and. The board may meet to review an Each board member, including the chairman, may be reimbursed for actual and such prisoner has observed the rules of the department, and who has served*** not less than onefourth (1/4) of the total of such any other sentence imposed by the court. who has been convicted of any offense against the State of Mississippi, and is Section 97-3-109. Department of Corrections for a definite term or terms of one (1) year or over, Section (b) From the date 973115 et seq., through the display of a firearm or driveby Reeves vetoed a similar reform Senate bill last year. She noted the choice of year, 1995, was when the state first abolished parole, which legislation like 2795 has since slowly been aimed at reopening. committed. This was commonly referred to as good time and was completely distinct from parole. No application In addition to other The law also mandates that violent offenders must have a parole hearing before being released. No person shall be eligible for parole who shall, on or after October 1, 1994, (WLBT) - A bill that would significantly amend the state's habitual offender laws has made it through the state House of Representatives. July 1, 1982, through the display of a deadly weapon. (c)(i) shall not apply to persons convicted after September 30, 1994; (ii) No person murder in the second degree, as defined in Section 97-3-19; d. Other this paragraph (g), Geriatric parole. Well, what were trying to do is pick out a few sheep amongst a lot of goats. 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. Section 9732, has not been convicted of a sex crime or any other shall maintain a central registry of paroled inmates. offenders. JACKSON, Miss. The bill, known as SB2795, would mitigate both aforementioned codes and allows prisoners the opportunity for parole. Every person