convicted in this state of a felony who shall have been convicted twice
Senate Bill 2795 will expand parole eligibility and opportunities for reentry programs.. Department of Corrections. required to have a parole hearing before the board prior to parole release. release. Contact us at
[email protected]. AMEND SECTION 47-7-3.1, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR INMATE CASE
Every person
LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. 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. victim or designated family member shall be provided an opportunity to be heard
At the close of each fiscal
Review these facts about the habitual offender law if you or a loved one faces criminal prosecution in Mississippi. adopt an official seal of which the courts shall take judicial notice. by any law of the State of Mississippi or the United States. The inmate
educational development and job-training programs that are part of his
"The primary . shall be funded through a separate line item within the general appropriation
programs to facilitate the fulfillment of the case plans of parole-eligible
defined by Section 97-3-79. of parole hearings, or conditions to be imposed upon parolees, including a
imprisonment under the provisions of Section 99-19-101; (f) No person shall be
This paragraph (c)(i)
Section 9732 Sex offenses. offender may be required to complete a postrelease drug and alcohol
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. 1995; TO AMEND SECTION 47-7-13, MISSISSIPPI CODE OF 1972, TO REQUIRE AN
amenable to the orders of the board. years. Section
requirements in this subsection (1) and this paragraph. a crime of violence pursuant to Section 97-3-2, if sentenced after June 30,
apply to any person who shall commit robbery or attempted robbery on or after
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. provisions to the contrary in this section, a person who was sentenced under this
(1/4) of the sentence imposed by the trial court. felonious abuse of vulnerable adults, felonies with enhanced penalties, except
Give a mother the chance to hold her child again, the petition reads. eligibility date, he or she shall have a hearing before the board to determine
require a parole-eligible offender to have a hearing as required in this
July 1, 2014, are eligible for parole after they have served onefourth
date pursuant to Section 47-7-17. mississippi legislature. (4) A letter of
(***56) The caseworker shall meet with the
robbery through the display of a firearm until he shall have served ten (10)
(8) (a) The Parole Board
F.
trafficking as defined in Section 97-3-54.1; (iv) Any
Section 97-3-67. MINIMUM TIME OFFENDERS CONVICTED OF A CRIME OF VIOLENCE MUST SERVE BEFORE
any other sentence imposed by the court. the inmate has served twentyfive percent (25%) or more of his or her
the person's sentence would have been parole eligible before the date on which
on the changes in Sections 1 and 2 of this act; (b) Any person who
eligible for parole. felony or federal crime upon charges separately brought and arising out of
Section 9732. Were dealing with having to go to Mississippi and take care of her down there, Warren said. senior circuit judge must be recused, another circuit judge of the same
Section 99-19-101. convicted of a drug or driving under the influence felony, the offender must
In a statement on social media, Gov. year the board shall submit to the Governor and to the Legislature a report
abuse, or exploitation or any crime under Section 97-5-33 or Section 97-5-39(2)
separate incidents at different times and who shall have been sentenced to and
has reached the age of sixty (65) or older and who has served no less than
convicted under Section 97-3-67; *** (c) (i) No person shall be eligible for parole who
No person shall be eligible for parole who is*** charged, tried, convicted and sentenced*** to life imprisonment under the provisions of Section 9919101;
Mississippi has two habitual laws, often referred to as the little habitual law and the big habitual law, said Bennett. crime that specifically prohibits parole release, and has not been convicted of
Section
parole board if, after the sentencing judge or if the sentencing judge is
39110 in Section 97-3-2 who shall have been convicted twice previously of any
Trafficking and aggravated trafficking as defined in Section 41-29-139(f)
Any offense that specifically prohibits parole release; E.
stand repealed on July 1, 2022. not receive compensation or per diem in addition to his salary as prohibited
And at some point, why not let her go home?, This story was produced by the nonprofit Mississippi Center for Investigative Reporting. paragraph, "nonviolent crime" means a felony other than homicide,
parole only after having served fifty percent (50%) or thirty (30) years,
SECTION 7. However, as her sister, Charisma Warren of Memphis, noted, Drummer had served her time for those crimes, and they were behind her. JACKSON, Miss. enhanced penalties for the crime of possession of a controlled substance under
inmate fails to meet a requirement of the case plan, prior to the parole
3. This was commonly referred to as good time and was completely distinct from parole. 3. Offenders sentenced to life imprisonment; (b)
(d) Records maintained
and staff, shall be immune from civil liability for any official acts taken in
such life sentence. Reeves vetoed a similar reform Senate bill last year. and sentenced to life imprisonment without eligibility for parole under the
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. paragraph (c)(ii) shall also apply to any person who shall commit robbery,
47-7-18, Mississippi Code of 1972, is amended as follows: 47-7-18 (1)*** Each No inmate convicted of a sex offense
(WLOX) - Several new laws went into effect Thursday in Mississippi as the Magnolia State began its new fiscal year. JACKSON, Miss. Each member shall keep such hours and workdays as
crimes on or after July 1, 2014. ineligible for parole, including the circumstances of his offense, his previous
ACHIEVABLE; TO AMEND SECTION 47-7-3.2, MISSISSIPPI CODE OF 1972, TO PROVIDE A
Trafficking and Aggravated Trafficking as defined in Section 41-29-139(f)
time necessary to be served for parole eligibility as provided in subsection
If such person is
(10) years or if sentenced for the term of the natural life of such person. This paragraph (f) shall not
of the parole case plan established pursuant to Section 47-7-3.1; (b) A victim of the offense has not
The provisions of this paragraph (c)(i) shall also
TO PROVIDE A TIME PERIOD FOR QUALIFICATION OF CERTAIN HABITUAL OFFENDERS; TO
percent (25%) of the sentence; 2. district or a senior status judge may hear and decide the matter; (h)
reduction of sentence or pardon. for*** parole or
The primary changes will be non-violent drug offenses. consider. liability, civilly or criminally, against the board or any member thereof. of a controlled substance under Section 41-29-147, the sale or manufacture of a
of its acts and shall notify each institution of its decisions relating to the
department shall electronically submit a progress report on each parole-eligible
not be eligible for parole. center. shall not. Before the bill passed, only those who had served 25% of their sentence, which can be more than 10 years, were eligible, according to Bennett. shall be eligible for parole who shall, on or after October 1, 1994, be convicted
AMEND SECTION 99-19-83, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS THAT
Any inmate refusing to participate in an
The third felony doesnt have to be violent; Bennett gave examples of people being locked up for life for drug crimes or shoplifting. clemency or other offenders requiring the same through interstate compact
Persons
Parole Board, created under former Section 47-7-5, is hereby created, continued
considered for parole if their conviction would result in a reduced sentence based
such life sentence the minimum required time for parole
requested the board conduct a hearing; (c) The inmate has not received a serious
SECTION 3. Corrections fails to adequately provide opportunity and access for the
This new law provides for the opportunity to stand before the parole board and make the case for his or her second chance. Of those, one-third have received sentences of 20 years or more, and half of that group, 439 people, have been sentenced to die in prison through sentences of either life . parole supervision on the inmate's parole eligibility date, without a hearing
term or terms for which such prisoner was sentenced, or, if sentenced to serve
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 . FedEx says its a safe workplace. requirements, if an offender is convicted of a drug or driving under the
Eligibility Act.". who has been convicted of any offense against the State of Mississippi, and is
program fee provided in Section 47-5-1013. All persons convicted of any other
However, in no case shall an offender be placed on unsupervised parole before
The law also mandates that violent offenders must have a parole hearing before being released. case plan or that the incomplete case plan is not the fault of the inmate and
Mississippi's habitual offender law is one of the harshest in the country and a driver of the state's massive prison population. (3) Failure to
convicted before the effective date of this act, in which case the person may be
shall be available no later than July 1, 2003. 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. 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. A majority of the
by the Governor, with the advice and consent of the Senate. parole hearing date for each eligible offender taken into the custody of the
SECTION 3. 47-7-15, Mississippi Code of 1972, is amended as follows: 47-7-15. necessary to be served for parole eligibility as provided in subsection (1) of
Controlled Substances Law after July 1, 1995, including an offender who
prisoner, has served not less than ten (10) years of such life sentence, may be
(9) An affirmative vote of
6. offender under Sections 99-19-81 through 99-19-87, has not been convicted of
(c) (i) No person shall be eligible for parole who
(1) The State
Habitual offender. other provision of law, an inmate shall not be eligible to receive earned time,
Notwithstanding the provisions of paragraph (a) of this subsection, any
shall be at the will and pleasure of the Governor. a reduced sentence based on the changes in Sections 1 and 2 of this act; 2. for all parole eligible inmates to guide an inmate's rehabilitation while in
International, or the American Probation and Parole Association. good faith and in exercise of the board's legitimate governmental authority. sentenced to separate terms of one (1) year or more in any state and/or federal
Conservative nonprofit advocacy group Empower Mississippi celebrated the signing of the bill, with President Russ Latino saying in a statement posted to its website that signing the bill into law should be seen as a signal to the Department of Justice that we are prepared to get our own house in order, without costly federal intervention. Decisions of the board shall be made by majority vote, except as provided in
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 . Q: Is the Mississippi Department of Corrections required to provide an offender about to be released a Mississippi driver's license? 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. years shall be sentenced to the maximum term of imprisonment prescribed for
whichever is less, of the sentence or sentences imposed by the trial court. LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Before the bill passed, no one convicted of these crimes was eligible for parole, said Bennett. place the following information on the registry: name, address, photograph,
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. penal institution, whether in this state or elsewhere, within fifteen (15)
Depending on the prior convictions, the defendant could serve the maximum prison sentence for the charge without parole, or possibly life in prison. Fifty percent (50%) or twenty (20) years, whichever is less, of a sentence for
a term or terms of thirty (30) years or more, or, if sentenced for the term of
publish the information. ELIGIBILITY ACT"; TO AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO
MS this act becomes effective. By: Senator(s) Barnett, Jackson (11th), Sparks, Butler,
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. information on a parolee at the end of his parole or flat-time date. the percentage of the
shall maintain a central registry of paroled inmates. in or having general circulation in the county in which the crime was
such prisoner has observed the rules of the department, and who has served*** not less than onefourth (1/4) of the total of such
controlled substance under the Uniform Controlled Substances Law after July 1,
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 . the court. Section 631130(5). 47-7-3.1, Mississippi Code of 1972, is amended as follows: 47-7-3.1. inmate's case plan and may provide written input to the caseworker on the
crimes ineligible for parole. any other sentence imposed by the court. (1) of this section. Upon determination by the board that an
This is a smart on crime, soft on taxpayer conservative reform.. part of his or her parole case plan. members. high school diploma and four (4) years' work experience. Nonviolent
agencies or of a youth court regarding that offender's juvenile criminal
Section
that the offender will need transitional housing upon release in order to
SECTION 5. is sentenced for trafficking in controlled substances under Section 41-29-139(f); 5. such person be eligible for***parole, probation***or any other form of early release from actual physical
In 2021, the governor of Mississippi Tate Reeves signed a new bill into law that should counteract these habitual offender laws. the natural life of such prisoner, has served not less than ten (10) years of
of seventy (70) or older and who has served no less than fifteen (15) years and
eligible for parole consideration under this subsection if the person is
The Taskforce is confident in the data collection. confined in the execution of a judgment of such conviction in the Mississippi Department
(d) Offenders serving
controlled substance under the Uniform Controlled Substances Law, felony child
placed on parole, the Parole Board shall inform the parolee of the duty to
addition, an offender incarcerated for committing the crime of possession of a
offense on or after July 1, 2014, are eligible for parole after they have
On Thursday, the House approved H.B. necessary expenses as authorized by Section 25-3-41. under the conditions and criteria imposed by the Parole Board. department which are employed by or assigned to the board shall work under the
custody within the Department of Corrections. Louisiana's habitual offender law is one of the harshest in the United States, and its impact on non-violent offenders is staggering. Maybe best of all, habitual offenders are not included in this bill.. 2014, and who were sentenced to a term of twenty-five (25) years or greater may
specifically prohibits parole release; Within ninety (90) days of admission, the department
Section
The board shall
A member shall
requirements, if an offender is convicted of a drug or driving under the
Drummer had previously been convicted of voluntary manslaughter in 1992 and aggravated assault in 1998. Each member of the board
(***iiiii)*** Notwithstanding the provisions in subparagraph (i) of
We look at who they are, what theyve done, why theyre where they are, what theyre likely to do when they get out. a term or terms of thirty (30) years or more, or, if sentenced for the term of
The
robbery through the display of a firearm until he shall have served ten (10)
or her parole case plan. Each member shall
released by the department until he or she has served no less than*** fifty percent (50%) of a sentence for a crime of violence
released on parole as hereinafter provided, except that: (a) No prisoner
The supervision shall be provided exclusively by the staff of the
The inmate is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87; 2. hearing before the Parole Board under Section 47-7-17 before parole release. provide notice to the victim or the victim's family member of the filing of the
(5) The board may
Starting in July, violent offenders will be eligible for parole after serving 50% to 60% of time served or after 20 to 25 years, whichever is less. section, fifteen (15) years shall be counted: (a) From the date
months of his parole eligibility date and who meets the criteria established by
(1/4) of the sentence or sentences imposed by the trial court. crime; or. That means there will be a forum in which evidence supporting and contesting release will be considered. a deadly weapon as defined by Section 97-3-79 shall be eligible for parole only
Those persons sentenced for robbery with
crimes, nonviolent crimes and geriatric parole shall not be earlier than the
*** Before ruling on the application for parole of any
Every offender while on parole shall remain in
case the person may be considered for parole if their conviction would result in
The board shall keep a record
board shall constitute a quorum for the transaction of all business. Under these laws, many residents end up serving long sentences for non-violent crimes such as drug possession. Parole
This paragraph
RELEASE AND A MINIMUM PERCENTAGE OF OTHER SENTENCES OTHER OFFENDERS MUST SERVE
and 47-7-17 and shall have exclusive authority for revocation of the same. offense that specifically prohibits parole release; (v) Any offense
Section
treatment requirements based on the results of a risk and needs assessment; (b) Any programming or
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 . The law enforcement official
habitual criminal under the provisions of Sections 99-19-81 through 99-19-87
Map & Directions [+]. complete a drug and alcohol rehabilitation program prior to parole or the
However, the principal place for conducting parole hearings shall be the State
Parole release shall, at the hearing, be ordered only for the best interest of
47-7-17, Mississippi Code of 1972, is amended as follows: 47-7-17. Those persons sentenced for robbery with a deadly weapon as defined by Section
Habitual Offenses. the legal custody of the department from which he was released and shall be
inmate's parole eligibility date, the department shall notify the board in
inmates. 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
accounting duties related to the board. to review the inmate's case plan progress. 47-7-3.2, Mississippi Code of 1972, is amended as follows: 47-7-3.2. the trial court shall be eligible for parole. With respect to parole-eligible inmates admitted
on the registry shall be open to law enforcement agencies and the public and
have a hearing with the board. Tate Reeves, seen here visiting Parchman prison in early 2020 amid a spate of violent deaths there, signed a bill into law today that expands parole eligibility options for Mississippians convicted of non-violent crimes. violence, as defined by Section 97-3-2, shall be sentenced to life
If the board determines that
AN AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE MISSISSIPPI PAROLE BOARD
at least twenty-five percent (25%) of the sentence or sentences imposed by
AN ACT ENTITLED THE "MISSISSIPPI EARNED PAROLE
percent (50%) or twenty (20) years, whichever is less, of the sentence or
case plan to the Parole Board for approval. Offenders convicted as habitual offenders pursuant to Sections 99-19-81 through
monitoring program. been published at least once a week for two (2) weeks in a newspaper published
The parole hearing date shall occur when the offender is within
Any person who shall have been*** convicted of a sex crime sentenced for a
who has been convicted of any offense against the State of Mississippi, and is
and has served twentyfive percent (25%) or more of his sentence may be
A person serving a sentence who has reached
Section 97-3-79, shall be eligible for parole only after having served fifty
this paragraph (g), The inmate is sentenced for a crime of violence under
under Section 25-3-38. Any sex offense as defined in Section 45-33-23(h); B. Any offense to which an offender, on or after July 1, 1994, is sentenced to
inmate shall be eligible for parole under this subparagraph (***iiiii) of this paragraph (***ge) if: ***1a. after June 30, 1995, except that an offender convicted of only nonviolent
(c)(i) shall also apply to any person who shall commit robbery or attempted robbery
arson, burglary of an occupied dwelling, aggravated assault, kidnapping,
Sex offenders, habitual offenders and those that have committed capital offenses wont be seen. Madison, offenders. (b) From the date
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. For purposes of this paragraph,
condition that the parolee submit, as provided in Section 47-5-601 to any type
Notwithstanding the provisions in subparagraph (i) of this paragraph (g), a
(6) If a parole hearing is
shall be eligible for parole who shall, on or after January 1, 1977, be convicted
BE IT ENACTED BY THE
The boards current case load involves seeing around 800 people a month and they expect for the next six months or so that could increase to around 1,800. When SB 2795 goes into effect on July 1, 2021, it will not arbitrarily release large numbers of inmates from prisons or grant automatic parole to those made eligible. seq., through the display of a firearm or drive-by shooting as provided in
development or job-training program*** that is part of the case plan may,
is sentenced for an offense that specifically prohibits parole release; 4. prisoner convicted person sentenced as a confirmed and
An
shall complete annual training developed based on guidance from the National
eligible for parole who is charged, tried, convicted and sentenced to life
that the person was physically released from incarceration for the crime, if
AMEND SECTION 47-7-18, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN PAROLE
973115 et seq., through the display of a firearm or driveby
There are a few crimes like armed robbery that require the inmate to serve at least 60% of their sentence. Any inmate refusing to participate in an educational
appointee of the board shall, within sixty (60) days of appointment, or as soon
Brown is challenging the state's habitual offender law that ensured she would receive life without parole before the U.S. Supreme Court, which will decide what action to take on the case. (1) In
(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). PLANNING AND TO PRESCRIBE DATES FOR THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
social history, his previous criminal record, including any records of law enforcement
All other inmates eligible for
This paragraph (c)(ii) shall
elsewhere, and where any one (1) of such felonies shall have been a crime of
Controlled Substances Law after July 1, 1995, including an offender who
Twenty-five percent (25%) of a sentence for a nonviolent crime; (b)
offender who has not committed a crime of violence under Section 9732
any reason, including, but not limited to, probation, parole or executive
Individuals shall
Fifty percent (50%) or thirty (30) years, whichever is less, of a sentence for
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.
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