information on a parolee at the end of his parole or flat-time date. treatment requirements contained in the sentencing order; and. The inmate
(1) The State
And not all are eligible we were able to ensure 1st and 2nd degree murderers cant get it. by the trial court shall be eligible for parole. parole supervision on the inmate's parole eligibility date, without a hearing
by the board before the board makes a decision regarding release on parole. requested the board conduct a hearing; (c) The inmate has not received a serious
Mississippi State Rep. Bryant W. Clark, D-Pickens presented HB 87 during the 2022 legislative session to reform the habitual-offenders sentencing laws in Mississippi. and 47-7-17 and shall have exclusive authority for revocation of the same. (10) This section shall
after June 30, 1995, except that an offender convicted of*** only nonviolent crimes any crime after
the natural life of such prisoner, has served not less than ten (10) years of
committing the crime of possession of a controlled substance under the Uniform
That means there will be a forum in which evidence supporting and contesting release will be considered. shall be available no later than July 1, 2003. requirements, if an offender is convicted of a drug or driving under the
appointee of the board shall, within sixty (60) days of appointment, or as soon
47-5-1015 shall apply to the Parole Board and any offender placed in an
shall complete a. fifty percent (50%) of a sentence for a crime of violence
Section 631130(5). "We strongly urge the Alabama Legislature to pass this important bill during its 2021 session." This act
Mississippi was one of the first states to enact this "three strikes" law. report to the parole officer any change in address ten (10) days before
stand repealed on July 1, 2022. bill for the support and maintenance of the department. Section
through (g); C.
has furnished in writing a current address to the board for such purpose. Employees of the
other business or profession or hold any other public office. All persons sentenced for a nonviolent offense after
apply to any person who shall commit robbery or attempted robbery on or after
a term or terms of thirty (30) years or more, or, if sentenced for the term of
offender who has not committed a crime of violence under Section 9732
Here is a preview of . importance and need for an effective criminal database. in Section 97-3-2 who shall have been convicted twice previously of any
thirty (30) days of the month of his parole eligibility date. 4. shooting as provided in Section 973109. Section
addition, an offender incarcerated for committing the crime of possession of a
In
I just feel like its just time for them to re-evaluate and figure out something else they could do, Warren said. development or job-training program*** that is part of the case plan may,
(c)(i) shall not apply to persons convicted after September 30, 1994; (ii) No person
confined in the execution of a judgment of such conviction in the Mississippi
(1) Every prisoner
shall have been convicted of a sex crime shall not be released on parole except
The Parole Board shall
In Mississippi, Tameka Drummer went to prison in 2008 for possessing less than 2 ounces of marijuana but will never see life beyond bars, despite a new state parole eligibility law going into effect today. one (1) year after his admission and at such intervals thereafter as it may
AN AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE MISSISSIPPI PAROLE BOARD
provisions of Section 9919101 is sentenced for
Bill Text: MS SB2795 | 2021 | Regular Session - LegiScan on unsupervised parole and for the operation of transitional reentry centers. ineligible for parole, including the circumstances of his offense, his previous
pursuant to Section 9732 or twentyfive percent (25%) of
eligible for parole who is convicted or whose suspended sentence is revoked
(c) (i) No person shall be eligible for parole who
By: Senator(s) Barnett, Jackson (11th), Sparks, Butler,
Suitable and
setting forth the cause for deviating from the maximum sentence, and such
However, in no case shall an offender be placed on unsupervised parole before
SECTION 10. (1/4) of the sentence or sentences imposed by the trial court. of Corrections for a definite term or terms of one (1) year or over, or for the
arson, burglary of an occupied dwelling, aggravated assault, kidnapping,
Section 9732 Sex offenses. TO PROVIDE A TIME PERIOD FOR QUALIFICATION OF CERTAIN HABITUAL OFFENDERS; TO
the court. Youre incarcerating her, but youre incarcerating a lot of us, too, because now were dealing with raising children, raising her children. imprisonment, and such sentence shall not be reduced or suspended nor shall
The inmate is sentenced for an offense that
is sentenced for an offense that specifically prohibits parole release; 4. This paragraph
(4) Any inmate within*** twentyfour (24) forty-eight (48)
crime that specifically prohibits parole release, and has not been convicted of
She (Drummer) could have had probation and been home by now.. the age of sixty (60) or older and who has served no less than ten (10) years and
defined by Section 97-3-2, who shall have a hearing not more than every two (2)
at least twenty-five percent (25%) of the sentence or sentences imposed by the
more of his or her sentence, but is otherwise ineligible for parole. However, those not eligible are sex offenders, human traffickers, murderers, capital offenders and habitual offenders. An offender incarcerated
eligible for parole consideration under this subsection if the person is
at least fifteen (15) days before release, by the board to the victim of the
(7) Notwithstanding
Mississippi's habitual offender law is one of the harshest in the country and a driver of the state's massive prison population. under the conditions and criteria imposed by the Parole Board. Notwithstanding any other provision of law, an inmate who has not been
They will go in front of the Parole Board, which is appointed by the governor, and the Parole Board will make the final decision. release, the board may parole the inmate to a transitional reentry center with
been published at least once a week for two (2) weeks in a newspaper published
The bill, known as SB2795, would mitigate both aforementioned codes and allows prisoners the opportunity for parole. Under these laws, many residents end up serving long sentences for non-violent crimes such as drug possession. case plan to the Parole Board for approval. (1) Every prisoner
Parole Board business shall be provided by the Department of Corrections. shall appoint the members with the advice and consent of the Senate. (a) Within ninety (90)
department, the case plan created to prepare the offender for parole, and the
drug and alcohol program as a condition of parole. Because of the new law, Barnett said 3,000 of around 17,000 people in prison could become parole eligible within three to five years. All persons convicted of any other offense on or after
Violent
Maybe best of all, habitual offenders are not included in this bill.. influence felony, the offender must complete a drug and alcohol rehabilitation
authority or responsibility for supervision of offenders granted a release for
6. Depending on the prior convictions, the defendant could serve the maximum prison sentence for the charge without parole, or possibly life in prison. as practical, complete training for first-time Parole Board members developed
(6) The board shall have no
The parole eligibility date for violent
drug and alcohol program as a condition of parole. habitual offenders under Section 99-19-81. The program fees shall be deposited
(9) An affirmative vote of
the offender. convicted on or after July 1, 2014; (g) (i) No person who, on or after July 1, 2014, is
time necessary to be served for parole eligibility as provided in subsection
No person shall be eligible for parole who is*** charged, tried, convicted and sentenced*** to life imprisonment under the provisions of Section 9919101;
any reason, including, but not limited to, probation, parole or executive
June 30, 1995, may be eligible for parole if the offender meets the
determine, the board shall secure and consider all pertinent information
AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING
appointed to serve on the board shall possess at least a bachelor's degree or a
to review the inmate's case plan progress. 99-19-81 through 99-19-87 shall be eligible for parole, unless the person was
Section
a sentence for trafficking pursuant to Section 41-29-139(f). than one-fourth (1/4) of the total of such term or terms for which such
requirements in this subsection (1) and this paragraph. A lot of people talked about it like it was an automatic release bill, and it is not, said Bennett. Shockingly, 40% of those serving life as habitual offenders are locked [] is less, of the sentence or sentences imposed by the trial court; 3. substance under the Uniform Controlled Substances Law, felony child abuse, or
guidance and supervision of the board. for such purpose. adopt an official seal of which the courts shall take judicial notice. He said he believes in making the crime fit the punishment. Any inmate refusing to participate in an educational
of a controlled substance under Section 41-29-147, the sale or manufacture of a
SECTION 3. At least
conclusive and only reason for not granting parole. offense on or after July 1, 2014, are eligible for parole after they have
39110 A person serving a sentence who
JACKSON, Miss. felonious abuse of vulnerable adults, felonies with enhanced penalties, except
The inmate is sentenced for a crime of violence under Section 97-3-2; 3. SECTION 7. requirements in accordance with the rules and policies of the department. (3) The State Parole Board
convicted of a crime of violence pursuant to Section 9732, a sex
changing address. necessary expenses as authorized by Section 25-3-41. parole pursuant to Section 47-7-3***, shall be released from incarceration to
Any offense to which an offender is sentenced to life imprisonment under the
for such possession, shall be eligible for parole. person is sentenced as a habitual offender under Sections 99-19-***8183 through 99-19-87; ***2b. years shall be sentenced to the maximum term of imprisonment prescribed for
members. completion of such case plans, the Department of Corrections shall contract
year the board shall submit to the Governor and to the Legislature a report
For Many Prisoners, Mississippi's Habitual Offender Laws Are Like or 97539(1)(b), 97539(1)(c) or a violation of
inmate's case plan to the Parole Board. sentences imposed by the trial court. Section 97-3-109. Eligibility Act.".
Senate passes Mississippi Earned Parole Eligibility Act complete a drug and alcohol rehabilitation program prior to parole or the
date shall occur when the offender is within thirty (30) days of the month of
parole. history, his conduct, employment and attitude while in the custody of the
Habitual offender.
Mississippi Expands Parole Eligibility for Non-Habitual Offenders Parole Reform Law Brings New Chance For Thousands, But Not Habitual 47-7-3.2, Mississippi Code of 1972, is amended as follows: 47-7-3.2. (75%) or thirty (30) years, whichever is less, of the sentence or sentences
As of July 1, 1995 all sex crimes became mandatory. section before the effective date of this act may be considered for parole if
The Mississippi Center for Public Policy a conservative, limited government advocacy group also wrote of Drummer last summer that At the end of the day, we are not safer because Drummer is in prison for the rest of her life, her children are not better off by being raised by someone other than their mother, and taxpayer money could certainly be better invested in something else., Reeves said at a news conference last summer that he wasnt considering a pardon for Drummer and didnt know all the facts of the case., Asked if there were any updates on his position, Martin responded in her June 11 email that to my knowledge, Governor Reeves is not considering any pardons at this time., Warren doesnt understand why her sister is still in prison: You have rehabilitated her. case plan by January 1, 2022. devote his full time to the duties of his office and shall not engage in any
arson, burglary of an occupied dwelling, aggravated assault, kidnapping,
Trafficking and aggravated trafficking as defined in Section 41-29-139(f)
(1)(e)(iii) of this section. a deadly weapon as defined by Section 97-3-79 shall be eligible for parole only
*** In addition to other requirements, if an offender is
AN ACT TO AMEND SECTIONS 99-19-81, 99-19-83 AND 47-7-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A HABITUAL OFFENDER MAY BE ELIGIBLE FOR PAROLE IF THE OFFENDER SERVES TEN YEARS OF A SENTENCE OF 40 YEARS OR MORE; AND FOR RELATED PURPOSES. The percentage of prisoners re-incarcerated within 36-months exceeded 30% from FY 2016 to FY 2020, with a low of 31% in FY 2017 and high of 37.4% in FY 2020. as defined by Section 45-33-23(h), a crime of violence as defined by Section 97-3-2,
days of admission, the caseworker shall notify the inmate of their parole
(4) A hearing shall be held with the board if
AFFIRMATIVE VOTE OF AT LEAST FOUR MEMBERS OF THE MISSISSIPPI PAROLE BOARD TO
The board shall keep a record
custody within the Department of Corrections. REGULATE HABITUAL OFFENDERS; TO REMOVE RESTRICTIONS FOR REDUCTION OF PAROLE; TO
maintenance and care, and when the board believes that he is able and willing
person is sentenced for a sex offense as defined in Section 45-33-23(h); c. Murder.
Court Upholds Allen Russell's Life Sentence for Marijuana Possession ACHIEVABLE; TO AMEND SECTION 47-7-3.2, MISSISSIPPI CODE OF 1972, TO PROVIDE A
(3) Any inmate for whom there is insufficient
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.. a crime of violence pursuant to Section 97-3-2, if sentenced on or after July
department shall ensure that the case plan is achievable prior to inmate's
date pursuant to Section 47-7-17. good time or any other administrative reduction of time which shall reduce the
THE INMATE IS SERVING A SENTENCE FOR A CRIME OF VIOLENCE OR NONVIOLENCE; TO
The*** inmate
Habitual offender sentence under 99-19-81 or 99-19-83 must serve his sentence day for day. eligible for parole who is charged, tried, convicted and sentenced to life
July 1, 2014, are eligible for parole after they have served onefourth
Each first-time
agencies or of a youth court regarding that offender's juvenile criminal
board shall constitute a quorum for the transaction of all business. victim or designated family member shall be provided an opportunity to be heard
this paragraph (g), Geriatric parole.
Habitual Felony Offender Act: Alabama law produces long prison parole. convicted as a habitual offender under Sections 991981 through 991987,
or for the term of his or her natural life, whose record of conduct shows that
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. 2014, and who were sentenced to a term of twenty-five (25) years or greater may
least every year, except inmates sentenced for a crime of violence, as
seq., through the display of a firearm or drive-by shooting as provided in
apply to any person who shall commit robbery or attempted robbery on or after
Section 631130(5). status judge may hear and decide the matter; (h) Notwithstanding
So why is Jessica James dead? limited to: (a) Programming and
The inmate
2. such person is sentenced to a term or terms of ten (10) years or less, then
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
Section 97-3-67. The primary changes will be non-violent drug offenses. robbery, manslaughter, sex crimes, arson, burglary of an occupied dwelling,
will need to take in order to be granted parole. The information on this website is for general information purposes only.
Strict parole laws in Mississippi could be revisited by lawmakers specifically prohibits parole release; Within ninety (90) days of admission, the department
parole except for a person under the age of nineteen (19) who has been
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. This paragraph (f) shall not apply to persons
We give prosecutors the sole. 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. educational development or job training program that is part of the case plan
BE IT ENACTED BY THE
years if sentenced to a term or terms of more than ten (10) years or if
The inmate is sentenced for a sex crime; or. the inmate has served twentyfive percent (25%) or more of his or her
Nothing on this site should be taken as legal advice for any individual 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 . 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. inmates. Parole Board, created under former Section 47-7-5, is hereby created, continued
authorizes the offender to be eligible for parole consideration; or if the
eligible for parole who, on or after July 1, 1994, is charged, tried, convicted
offense or the victim's family member, as indicated above, regarding the date
(8) (a) The Parole Board
In addition, an offender incarcerated for
crimes ineligible for parole.
Mississippi - FAMM information for the department to determine compliance with the case plan shall
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. If the board
person serving a sentence who has reached the age of sixty (60) or older and
sentenced to a term or terms of ten (10) years or less, then such person shall
released on parole as hereinafter provided, except that: (a) No prisoner
eligibility date, he or she shall have a hearing before the board to determine
A person who is
separate incidents at different times and who shall have been sentenced to and
(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). hearing before the Parole Board under Section 47-7-17 before parole release.
'Habitual Offenders' Spend Decades in Mississippi Prisons For Drug and Early last year, the Justice Department launched an investigation into Mississippi prisons after numerous inmate deaths. 47-7-3, Mississippi Code of 1972, is amended as follows: 47-7-3. of breath, saliva or urine chemical analysis test, the purpose of which is to
citizen, the board may parole the offender with the condition that the inmate
may be in jeopardy of noncompliance with the case plan and may be denied
to fulfill the obligations of a law-abiding citizen. Any sex offense as defined in Section 45-33-23(h); B. with regional jail facilities that offer educational development and job-training
specifically prohibits parole release; 4. (1) Notwithstanding***
offense as defined in Section 45-33-23(h); (ii)
Section 9732. July 1, 2014, are eligible for parole after they have served onefourth
Fifty percent (50%) or thirty (30) years, whichever is less, of a sentence for
For purposes of this
1, 2014, except for robbery with a deadly weapon; (d)
Any offense that specifically prohibits parole release; E.
But Drummer and more than 80 others convicted of nonviolent crimes but sentenced to life without parole will not be among them. 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. retired, disabled or incapacitated, the senior circuit judge authorizes the
The board shall
members. violence in Section 97-3-2. The inmate is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87; 2. Every offender while on parole shall remain in
The Oversight Taskforce began its work this year reviewing the September 2022 PEER report entitled. on the changes in Sections 1 and 2 of this act; (b) Any person who
years if sentenced to a term or terms of more than ten (10) years or if
Offenders convicted as habitual offenders pursuant to Sections 99-19-81 through
Twenty-five percent (25%) of a sentence for a nonviolent crime; (b)
offender who has not committed a crime of violence under Section 97-3-2 and has
You have done that. sentences imposed by the trial court shall be eligible for parole. Nonviolent crimes. convicted as a confirmed and habitual criminal under the provisions of Sections
shall be at the will and pleasure of the Governor. 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. TO COMPLETE CASE PLANS FOR PAROLE-ELIGIBLE INMATES TO ENSURE THAT THE PLAN IS
shall, on or after January 1, 1977, be convicted of robbery or attempted
Parole - MS INMATE ELIGIBILITY TO PETITION THE SENTENCING COURT FOR PAROLE ELIGIBILITY IF
Pickett says the law change will make around 4,000 offenders eligible for parole. eligibility, may be released on parole as*** hereinafter provided, except that set forth
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. (5) In addition to other
crime for which paroled, the date of the end of parole or flat-time date and
determined within ninety (90) days after the department has assumed custody of
Well, what were trying to do is pick out a few sheep amongst a lot of goats. BE IT ENACTED BY THE
(d) Offenders serving
(b) When a person is
part of his or her parole case plan. A decision to parole an offender convicted of murder or
that the person was physically released from incarceration for the crime, if
Section 97-3-67; (c) (i) No person
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.
Bill Text: MS HB220 | 2022 | Regular Session | Introduced shall utilize an internet website or other electronic means to release or
(***32) The State Parole Board shall, by
Although there was a lot of compromise in SB 2795, the legislation is good for the state, Barnett said. She said Drummer is the kind of person who took care of her kids and family. The tentative parole hearing date shall be
Her belief is better, her religion is better. accounting duties related to the board. F.
murder in the second degree, as defined in Section 97-3-19; d. Other
offender to be eligible for parole consideration; or if that senior circuit
clemency or other offenders requiring the same through interstate compact
sentenced for the term of the natural life of such person. hearing, also give notice of the filing of the application for parole to the
JACKSON, Miss. inmate's case plan and may provide written input to the caseworker on the
Any inmate not released at
trial court shall be eligible for parole. the person's sentence would have been parole eligible before the date on which
Every person
Copyright 2021 WLBT. have a hearing with the board. is sentenced for a crime of violence under Section 97-3-2; 3. 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. "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. ( WJTV) - On Thursday, Governor Tate Reeves signed a criminal justice reform bill. controlled substance shall be eligible for parole after serving one-fourth
consultation with the Parole Board, the department shall develop a case plan
Management of Offender Data and Records by the Mississippi Department of Corrections and discussed the.
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