For offenses committed after June 30, 1995, the act would open up eligibility for parole to those convicted of nonviolent offenses after serving 25%, or 10 years of their sentence, whichever comes first. (ii) Parole
convicted in this state of a felony that is defined as a crime of violence
shall be available no later than July 1, 2003. arson, burglary of an occupied dwelling, aggravated assault, kidnapping,
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. such person is sentenced to a term or terms of ten (10) years or less, then
JACKSON, Miss. apply to any person who shall commit robbery or attempted robbery on or after
person is sentenced as a habitual offender under Sections 99-19-***8183 through 99-19-87; ***2b. Twenty-five percent (25%) of a sentence for a nonviolent crime; (b)
his parole eligibility date. SECTION 5. shall be eligible for parole who***, on or after July 1, 1994, is charged, tried, convicted
paroled at the initial parole eligibility date. And were looking for those that wont be a threat to the public and those that have a good re-entry plan.. department's custody before July 1, 2021, the department shall complete the
The Oversight Taskforce began its work this year reviewing the September 2022 PEER report entitled. part of his or her parole case plan. (3) The board shall have
to life imprisonment under the provisions of Section 9919101; In addition to other requirements, if an offender is
"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. Penitentiary at Parchman. INMATE ELIGIBILITY TO PETITION THE SENTENCING COURT FOR PAROLE ELIGIBILITY IF
protest against granting an offender parole shall not be treated as the
has not been convicted of committing a crime of violence, as defined under
There shall be an executive secretary
Section
case or situation. (b) When a person is
TO PROVIDE A TIME PERIOD FOR QUALIFICATION OF CERTAIN HABITUAL OFFENDERS; TO
A person who is sentenced for any of the
program fee provided in Section 47-5-1013. Every person
report to the parole officer any change in address ten (10) days before
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. by the board before the board makes a decision regarding release on parole. PRESCRIBE CONDITIONS FOR PAROLE ELIGIBILITY AND TO PROVIDE LIMITATIONS ON
(9) If the Department of
Institute of Corrections, the Association of Paroling Authorities
The inmate is sentenced for an offense that
parole supervision on the inmate's parole eligibility date, without a hearing
complete a drug and alcohol rehabilitation program prior to parole or the
and nonhabitual offenders. The provisions of this
limited to: (a) Programming and
the trial court shall be eligible for parole. violence as defined in Section 97-3-2 shall be required to have a parole
2021 regular session. shall not. and sentenced to life imprisonment without eligibility for parole under the
conditions of supervision; and. this paragraph (g), Geriatric parole. Section 9732. (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). 2014. SECTION 7. released on parole as hereinafter provided, except that: (a) No prisoner
or her parole case plan. when arrangements have been made for his proper employment or for his
habitual offenders under Section 99-19-81. When the board determines
The third felony doesnt have to be violent; Bennett gave examples of people being locked up for life for drug crimes or shoplifting. reduction of sentence or pardon. substance under the Uniform Controlled Substances Law, felony child abuse, or
(4) Any inmate within*** twentyfour (24) forty-eight (48)
Section
for such possession, shall be eligible for parole. (b) Any offender
This act shall be known and may be cited as the "Mississippi Earned Parole
section before the effective date of this act may be considered for parole if
such person shall not be eligible for parole. on the changes in Sections 1 and 2 of this act; (b) Any person who
Give a mother the chance to hold her child again, the petition reads. placement in any educational development and job training programs that are
and staff, shall be immune from civil liability for any official acts taken in
restrictions and requirements of Section 47-7-17 and Sections 47-5-1001 through
eligibility date as calculated in accordance with Section 47-7-3(3); (b) At the time a
offender is eligible for release by parole, notice shall also be given within
Notwithstanding any other provision of law, an inmate who has not been
Parole
In addition, an offender incarcerated for
to which an offender is sentenced to life imprisonment under the provisions of
placed in an electronic monitoring program under this subsection shall pay the
served separate terms of one (1) year or more, whether served concurrently or
determination by the Parole Board that an offender be placed in an electronic
violence in Section 97-3-2. ineligible for parole, including the circumstances of his offense, his previous
Offenders serving a sentence for a sex offense; or. The parole
fifteen (15) days prior to the release of an offender on parole, the director
Individuals shall
writing of the inmate's compliance or noncompliance with the case plan. This bill expands parole eligibility for some but it does not guarantee it! he wrote. Section 97-3-67. Section
term of his or her natural life, whose record of conduct shows that such
shall furnish at least three (3) months' written notice to each such offender
crimes ineligible for parole. 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.. offender who has not committed a crime of violence under Section 97-3-2 and has
(5) A hearing shall be held
Notwithstanding the provisions in subparagraph (i) of
Habitual offender. The
penal institution, whether in this state or elsewhere, within fifteen (15)
He's one of approximately 2,600 people incarcerated in Mississippi as a result of its habitual laws. A person who is sentenced on or after
sentenced for a sex offense as defined in Section 45-33-23(h), except for a
(6) If a parole hearing is
Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. case plan or that the incomplete case plan is not the fault of the inmate and
shall be funded through a separate line item within the general appropriation
application for parole or of any decision made by the board regarding parole
Under these laws, many residents end up serving long sentences for non-violent crimes such as drug possession. And not all are eligible we were able to ensure 1st and 2nd degree murderers cant get it. convicted on or after July 1, 2014; (g) (i) No person who, on or after July 1, 2014, is
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. 2. be convicted of robbery, attempted robbery or carjacking as provided in Section
Offenders convicted as habitual offenders pursuant to Sections 99-19-81 through
this paragraph (g), The inmate is sentenced for a crime of violence under
1. The habitual sentencing law is used by district attorneys to prosecute people for all offenses, including nonviolent crimes like shoplifting or drug possession. The law also contains a significant change for non-violent offenders. under Section 25-3-38. Before ruling on the application for parole of any
senior circuit judge must be recused, another circuit judge of the same
requirements in this subsection (1) and this paragraph. 97-3-79 shall be eligible for parole only after having seventy-five percent
requested by the victim following notification of the inmate's parole release
At least
"The primary . status judge may hear and decide the matter; (h) Notwithstanding
of Corrections for a definite term or terms of one (1) year or over, or for the
(10) This section shall
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. GRANT PAROLE TO A SEX OFFENDER; TO AMEND SECTION 47-7-15, MISSISSIPPI CODE OF
With respect to parole-eligible inmates admitted
SECTION 10. 47-7-3.1, Mississippi Code of 1972, is amended as follows: 47-7-3.1. 47-7-3, Mississippi Code of 1972, is amended as follows: 47-7-3. TO GRANT PAROLE TO AN INMATE CONVICTED OF A CRIME OF VIOLENCE AFTER JUNE 30,
sentenced for the term of the natural life of such person. 796, which amends the state's habitual offender laws, commonly referred to as the "three strikes laws.". Section
treatment requirements contained in the sentencing order; and. date shall occur when the offender is within thirty (30) days of the month of
The inmate
influence felony, the offender must complete a drug and alcohol rehabilitation
You have done that. sentence, but is otherwise ineligible for parole. SECTION 2. An offender shall be placed on parole only
imprisonment, and such sentence shall not be reduced or suspended nor shall
Each board member, including the chairman, may be reimbursed for actual and
exploitation or any crime under Section 97533 or Section 97539(2)
47-5-1015 shall apply to the Parole Board and any offender placed in an
a sexrelated crime shall require the affirmative vote of three (3)
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. date pursuant to Section 47-7-17. 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. inmate's parole eligibility date, the department shall notify the board in
(1)(e)(iii) of this section. information for the department to determine compliance with the case plan shall
whichever is less, of the sentence or sentences imposed by the trial court. appoint a chairman of the board. sufficient office space and support resources and staff necessary to conducting
The primary changes will be non-violent drug offenses. to consider information relevant to public safety risks posed by the inmate if
Fifty percent (50%) or thirty (30) years, whichever is less, of a sentence for
any other sentence imposed by the court. is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87,
Pickett says the law change will make around 4,000 offenders eligible for parole. *** A decision to parole an offender convicted of murder or
the person was incarcerated for the crime. crime or an offense that specifically prohibits parole release shall be
(5) The budget of the board
seq., through the display of a firearm or drive-by shooting as provided in
the department's custody and to reduce the likelihood of recidivism after
Well, what were trying to do is pick out a few sheep amongst a lot of goats. educational development and job-training programs that are part of his
criteria established by the classification board shall receive priority for
probation. after June 30, 1995, except that an offender convicted of*** only nonviolent crimes any crime after
the person's sentence would have been parole eligible before the date on which
Upon determination by the board that an
shall complete a. fifty percent (50%) of a sentence for a crime of violence
The provisions of this paragraph
If the board determines that the inmate has not substantively complied
99-19-87; (c)
The provisions of this paragraph (c)(i) shall also
least every year, except inmates sentenced for a crime of violence, as
trafficking as defined in Section 97-3-54.1; (iv) Any
In Matthew 25, the scripture talks about the 2nd coming of the Lord and how hes going to separate the sheep from the goats, said Parole Board chairman Steve Pickett. liability, civilly or criminally, against the board or any member thereof. society, not as an award of clemency; it shall not be considered to be a
defined by Section 97-3-2, who shall have a hearing not more than every two (2)
authorizes the offender to be eligible for parole consideration; or if the
(c) The department
(1) of this section. Section 99-19-101; or. Parole for non-violent offenders. any other administrative reduction of time which shall reduce the time
However, as her sister, Charisma Warren of Memphis, noted, Drummer had served her time for those crimes, and they were behind her. center. is sentenced for a crime of violence under Section 97-3-2; 3. follows: ***(g) (i) No person who, on or after July 1, 2014, is
This new law provides for the opportunity to stand before the parole board and make the case for his or her second chance. July 1, 2014, of a violent crime, as defined by Section 97-3-2, except robbery
extent possible, ensure that the case plan is achievable prior to the inmate's
in Section 97-3-2 who shall have been convicted twice previously of any
Shockingly, 40% of those serving life as habitual offenders are locked [] and sentenced to life imprisonment without eligibility for parole under the
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. parole eligibility date or next parole hearing date, or date of release,
*** In addition to other requirements, if an offender is
(***32) The State Parole Board shall, by
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. case plan to the Parole Board for approval. However, the principal place for conducting parole hearings shall be the State
47-7-3.2, Mississippi Code of 1972, is amended as follows: 47-7-3.2. with the requirement(s) of the case plan it may deny parole. (***67) Every four (4) months the
the classification board shall receive priority for placement in any
each of its official actions with the reasons therefor. Every offender while on parole shall remain in
No***
convicted of a drug or driving under the influence felony, the offender must
RELEASE AND A MINIMUM PERCENTAGE OF OTHER SENTENCES OTHER OFFENDERS MUST SERVE
contained in this section shall apply retroactively from and after July 1,
Her 2008 life sentence over a non-violent crime took her away from her children and the rest of her family, Warren said. influence felony, the offender must complete a drug and alcohol rehabilitation
(3) Failure to
a reduced sentence based on the changes in Sections 1 and 2 of this act; 2. parole-eligible inmates admitted to the department's custody on or after July
program as a condition of parole. The bill, known as SB2795, would mitigate both aforementioned codes and allows prisoners the opportunity for parole. information on a parolee at the end of his parole or flat-time date. confined in the execution of a judgment of such conviction in the Mississippi
The "little" law ensures someone with two prior convictions will serve the maximum possible sentence for their third felony. of a controlled substance under Section 41-29-147, the sale or manufacture of a
The board may meet to review an
The board shall
convicted of a crime of violence pursuant to Section 9732, a sex
The new law lifts restrictions on parole eligibility for nonviolent offenders convicted on or after July 1, 2014, under an enhancement, but habitual offenders and traffickers are still excluded. improve the likelihood of*** him or her the offender becoming a law-abiding
provisions of Section 9919101. Likewise, for those convicted of violent crimes, they would be eligible after either serving 50% of their sentence or 20 years; for robbery with a deadly weapon, drive-by shooting, or a carjacking, that goes up to 60% or 25 years. arising out of separate incidents at different times and who shall have been
for committing the crime of sale or manufacture of a controlled substance. shall maintain a central registry of paroled inmates. thirty (30) days of the month of his parole eligibility date. will need to take in order to be granted parole. Section
The program fees shall be deposited
THE INMATE IS SERVING A SENTENCE FOR A CRIME OF VIOLENCE OR NONVIOLENCE; TO
Any person who shall have been*** convicted of a sex crime sentenced for a
Mississippi has one of the highest rates of incarceration in the country. twenty-four (24) months of his parole eligibility date and who meets the
of the date on which he is eligible for parole. Nothing on this site should be taken as legal advice for any individual AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING
The bill will now go to the Senate, where . Eligibility Act.". Mississippi was one of the first states to enact this "three strikes" law. defined by Section 97-3-79. program prior to parole or the offender may be required to complete a post-release
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 . Prior to this law, prisoners convicted of a "crime of violence as defined by statute were not eligible for parole but were only eligible for earned release supervision after serving 50% of their sentence. apply to persons convicted on or after July 1, 2014; (g) (i) No person
requirements in accordance with the rules and policies of the department. sex offense as defined in Section 45-33-23(h) shall not be released on
Parole Board business shall be provided by the Department of Corrections. Mississippi has two habitual laws, often referred to as the " little habitual law " and the " big habitual law ," said Bennett. required of full-time state employees under Section 25-1-98. (vi) Any
AN AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE MISSISSIPPI PAROLE BOARD
agencies or of a youth court regarding that offender's juvenile criminal
amenable to the orders of the board. appointed to serve on the board shall possess at least a bachelor's degree or a
offense on or after July 1, 2014, are eligible for parole after they have
that granting parole is not incompatible with public safety, the board may then