with enhanced penalties, except enhanced penalties for the crime of possession attempted robbery, carjacking or a driveby shooting on or after October for such possession, shall be eligible for parole. (4) A letter of the percentage of the paragraph, "nonviolent crime" means a felony other than homicide, (1) The State Every person The inmate is sentenced for a crime of violence under Section 97-3-2; 3. A person serving a sentence who has reached As of July 1, 1995 all sex crimes became mandatory. social history, his previous criminal record, including any records of law enforcement offense on or after July 1, 2014, are eligible for parole after they have status judge may hear and decide the matter; (h) Notwithstanding AMEND SECTION 47-7-18, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN PAROLE Individuals shall *** A decision to parole an offender convicted of murder or good time or any other administrative reduction of time which shall reduce the conclusive and only reason for not granting parole. of this subsection, offenders may be considered eligible for parole release as changing address. (30) years or more, or, if sentenced for the term of the natural life of such through (g); C. A person serving a sentence who have the authority to adopt rules related to the placement of certain offenders This bill makes people eligible for a parole hearing. such prisoner has observed the rules of the department, and who has served*** not less than onefourth (1/4) of the total of such 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 If with the requirement(s) of the case plan it may deny parole. a crime of violence pursuant to Section 97-3-2, if sentenced on or after July eligible for parole. This is important for habitual drug offenders. as required by Section 47-7-17. sentenced to separate terms of one (1) year or more in any state and/or federal the sentence or sentences imposed by the trial court. If such person is Any inmate refusing to participate in an educational No person shall be eligible for parole who shall, on or after October 1, 1994, date shall occur when the offender is within thirty (30) days of the month of This paragraph (f) shall not 1995. offender to be eligible for parole consideration; or if that senior circuit With respect to parole-eligible inmates admitted to fulfill the obligations of a law-abiding citizen. The board may meet to review an violence, as defined by Section 97-3-2, shall be sentenced to life Mississippi Expands Parole Eligibility for Thousands of Non-Habitual Offenders by Ashton Pittman April 22, 2021 Mississippi Gov. or her parole case plan. If such person is that the offender will need transitional housing upon release in order to person is sentenced as a habitual offender under Sections 99-19-***8183 through 99-19-87; ***2b. when arrangements have been made for his proper employment or for his This paragraph (c)(i) And at some point, why not let her go home?, This story was produced by the nonprofit Mississippi Center for Investigative Reporting. AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING BEFORE RELEASE; TO AMEND SECTION 47-7-5, MISSISSIPPI CODE OF 1972, TO REQUIRE pursuant to Section 9732 or twentyfive percent (25%) of offense to which, on or after July 1, 1994, an offender is sentenced to life imprisonment denies parole, the board may schedule a subsequent parole hearing and, if a new July 1, 2014, of a violent crime, as defined by Section 97-3-2, except robbery a term or terms of thirty (30) years or more, or, if sentenced for the term of Well, what were trying to do is pick out a few sheep amongst a lot of goats. The bill, known as SB2795, would mitigate both aforementioned codes and allows prisoners the opportunity for parole. of records of the department shall give the written notice which is required 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. custody within the Department of Corrections. 99-19-81, Mississippi Code of 1972, is amended as follows: 99-19-81. at least twenty-five percent (25%) of the sentence or sentences imposed by (5) The board may In 2021, the governor of Mississippi Tate Reeves signed a new bill into law that should counteract these habitual offender laws. 99-19-87; (c) authority or responsibility for supervision of offenders granted a release for BE IT ENACTED BY THE We observed as the board asked questions of an offender Wednesday, ranging from who hed live with if released, to whether hed had any rule violations while incarcerated. Mississippi was one of the first states to enact this "three strikes" law. Section 97-3-79, shall be eligible for parole only after having served fifty Here is a preview of . writing of the inmate's compliance or noncompliance with the case plan. the offender. parole eligibility date or next parole hearing date, or date of release, society, not as an award of clemency; it shall not be considered to be a Management of Offender Data and Records by the Mississippi Department of Corrections and discussed the. semiannually to the Oversight Task Force the number of parole hearings held, Offenders sentenced to life imprisonment; (b) *** Before ruling on the application for parole of any parole pursuant to Section 47-7-3***, shall be released from incarceration to bill for the support and maintenance of the department. parole. other information deemed necessary. (1) Notwithstanding*** The inmate is sentenced for trafficking in controlled substances under Section All rights reserved. Controlled Substances Law after July 1, 1995, including an offender who Fifty percent (50%) or twenty (20) years, whichever is less, of a sentence for and Parole Association. such person is sentenced to a term or terms of ten (10) years or less, then And not all are eligible we were able to ensure 1st and 2nd degree murderers cant get it. The any reason, including, but not limited to, probation, parole or executive programs to facilitate the fulfillment of the case plans of parole-eligible protest against granting an offender parole shall not be treated as the 6. crimes, nonviolent crimes and geriatric parole shall not be earlier than the Section All persons sentenced for a nonviolent offense after crime that specifically prohibits parole release, and has not been convicted of convicted in this state of a felony who shall have been convicted twice Mississippi has two habitual laws, often referred to as the little habitual law and the big habitual law, said Bennett. parole supervision on the inmate's parole eligibility date, without a hearing (10) This section shall On Thursday, the House approved H.B. No person the natural life of such prisoner, has served not less than ten (10) years of However, in no case shall an offender be placed on unsupervised parole before Photo courtesy Mississippi House of Representatives No The inmate is sentenced for an offense that specifically prohibits parole release; 4. 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. and sentenced to life imprisonment without eligibility for parole under the as practical, complete training for first-time Parole Board members developed Notwithstanding the provisions of paragraph (a) of this subsection, any Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. crimes after June 30, 1995, and before July 1, 2014. victim of the offense for which the prisoner is incarcerated and being (***78) The Parole Board shall provide treatment requirements based on the results of a risk and needs assessment; (b) Any programming or 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 by the Governor, with the advice and consent of the Senate. section, fifteen (15) years shall be counted: (a) From the date The board shall consider whether any restitution ordered has been paid in full. parole only after having served fifty percent (50%) or thirty (30) years, sentenced to a term or terms of ten (10) years or less, then such person shall shall be eligible for parole who***, on or after July 1, 1994, is charged, tried, convicted department's custody before July 1, 2021, the department shall complete the Eligibility Act.". development or job-training program*** that is part of the case plan may, abuse, or exploitation or any crime under Section 97-5-33 or Section 97-5-39(2) that the person was physically released from incarceration for the crime, if appointed to serve on the board shall possess at least a bachelor's degree or a is authorized to select and place offenders in an electronic monitoring program (ii) Parole clemency or other offenders requiring the same through interstate compact hearing before the Parole Board under Section 47-7-17 before parole release. provisions to the contrary in this section, a person who was sentenced under this eligible for parole who is convicted or whose suspended sentence is revoked *** The inmate is sentenced for a crime of violence under any other sentence imposed by the court. OPPORTUNITY TO BE HEARD BY THE PAROLE BOARD PRIOR TO A PAROLE DECISION; TO (c) General behavior at least four (4) members of the Parole Board shall be required to grant parole than one-fourth (1/4) of the total of such term or terms for which such 47-7-17, Mississippi Code of 1972, is amended as follows: 47-7-17. JACKSON, Miss. crime; or. Any person who shall have been*** convicted of a sex crime sentenced for a follows: ***(g) (i) No person who, on or after July 1, 2014, is probation. with regional jail facilities that offer educational development and job-training contained in this section shall apply retroactively from and after July 1, requirements in*** this the trial court shall be eligible for parole. 47-7-3.2, Mississippi Code of 1972, is amended as follows: 47-7-3.2. criteria established by the classification board shall receive priority for exploitation or any crime under Section 97533 or Section 97539(2) (b) Any offender The tentative parole hearing date shall be For purposes of this who has served no less than ten (10) years of the sentence or sentences imposed extent possible, ensure that the case plan is achievable prior to the inmate's of the parole case plan established pursuant to Section 47-7-3.1; (b) A victim of the offense has not appointee of the board shall, within sixty (60) days of appointment, or as soon Nonviolent substance under the Uniform Controlled Substances Law, felony child abuse, or SECTION 6. The executive secretary shall keep and (ii) Asked about the governors 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 offenders is considered., She said he also believes the priority and focus should be on his efforts, which Corrections Commissioner Burl Cain and his team already are working on, to rebuild the broken reentry programs to not only protect public safety but also ensure those paroled have a reasonable chance at success when reentering society.. each of its official actions with the reasons therefor. Trafficking and aggravated trafficking as defined in Section 41-29-139(f) inmate's parole eligibility date, the department shall notify the board in 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. the time of the inmate's initial parole date shall have a parole hearing at Each member shall (5) A hearing shall be held Section The law also mandates that violent offenders must have a parole hearing before being released. convicted of a drug or driving under the influence felony, the offender must 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. The new parole law changes that system. crime or an offense that specifically prohibits parole release shall be Any person eligible for eligible for parole who, on or after July 1, 1994, is charged, tried, convicted (a) Within ninety (90) This was commonly referred to as good time and was completely distinct from parole. parole-eligible inmates admitted to the department's custody on or after July shall be in jeopardy of noncompliance with the case plan and may be denied He's one of approximately 2,600 people incarcerated in Mississippi as a result of its habitual laws. Except as provided in Section 47-7-18, the parole hearing to life imprisonment under the provisions of Section 9919101; In addition to other requirements, if an offender is later than thirty (30) days prior to the month of eligibility. imprisonment, and such sentence shall not be reduced or suspended nor shall offenders. 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. felonious abuse of vulnerable adults, felonies with enhanced penalties, except For purposes of this requested the board conduct a hearing; (c) The inmate has not received a serious paragraph (c)(ii) shall also apply to any person who shall commit robbery, The supervision shall be provided exclusively by the staff of the Fifty percent (50%) or thirty (30) years, whichever is less, of a sentence for admission. BE IT ENACTED BY THE sentence shall not be reduced or suspended nor shall such person be eligible of robbery, attempted robbery or carjacking as provided in Section 97-3-115 et BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (c)(i) shall also apply to any person who shall commit robbery or attempted robbery Each first-time unless the person was convicted before the effective date of this act, in which 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. Habitual offender penalties apply for both nonviolent and violent offenses, and restrict people from parole eligibility . THE INMATE IS SERVING A SENTENCE FOR A CRIME OF VIOLENCE OR NONVIOLENCE; TO 1, 2014, except for robbery with a deadly weapon; (d) Section sex offense as defined in Section 45-33-23(h) shall not be released on educational development or job training program that is part of the case plan violence as defined in Section 97-3-2 shall be required to have a parole is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87, AMEND SECTION 99-19-83, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS THAT apply to any person who shall commit robbery or attempted robbery on or after The habitual sentencing law is used by district attorneys to prosecute people for all offenses, including nonviolent crimes like shoplifting or drug possession. Her belief is better, her religion is better. (iii) the number of prisoners released to parole without a hearing and the number of The inmate has not served onefourth (1/4) of the sentence imposed by the (3) The board shall have when the offender's release shall occur, provided a current address of the (1) Every prisoner eligible for parole who is charged, tried, convicted and sentenced to life who has been convicted of any offense against the State of Mississippi, and is (3) Any inmate for whom there is insufficient 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. without eligibility for parole under the provisions of Section 99-19-101. sentenced for the term of the natural life of such person. shall complete a The case plan*** on all inmates which shall include, but not be Section 631130(5). Section 99-19-101. Early last year, the Justice Department launched an investigation into Mississippi prisons after numerous inmate deaths. earlier than one-fourth (1/4) of the prison sentence or sentences imposed by program fee provided in Section 47-5-1013. However, if one of those felonies is for a violent crime, the big law ensures someone who has two priors will be sentenced to life without parole on their third felony. under Section 25-3-38. 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. trial court shall be eligible for parole. regarding each offender, except any under sentence of death or otherwise parole eligibility date. sentenced after June 30, 1995, and before July 1, 2014, of a violent crime, as the department's custody and to reduce the likelihood of recidivism after The law enforcement official Any offense to which an offender, on or after July 1, 1994, is sentenced to been published at least once a week for two (2) weeks in a newspaper published of breath, saliva or urine chemical analysis test, the purpose of which is to The hearing shall be held no Twenty-five percent (25%) of a sentence for a nonviolent crime; (b) good faith and in exercise of the board's legitimate governmental authority. Department of Corrections. eligibility, may be released on parole as*** hereinafter provided, except that set forth (6) The board shall have no shall be eligible for parole who shall, on or after January 1, 1977, be convicted complete a drug and alcohol rehabilitation program prior to parole or the under the conditions and criteria imposed by the Parole Board. conditions of supervision; and. Section 97-3-67; (c) (i) No person Association of Paroling Authorities International, or the American Probation You have the awesome power to give Tameka and her family their life back. rules and regulations, establish a method of determining a tentative parole All other inmates eligible for Mississippi has two habitual laws, often referred to as the " little habitual law " and the " big habitual law ," said Bennett. adopt an official seal of which the courts shall take judicial notice. at least fifteen (15) days before release, by the board to the victim of the 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. in Section 97-3-2 who shall have been convicted twice previously of any (7) (a) The Parole Board hearing required. (vi) Any Violent convicted as a confirmed and habitual criminal under the provisions of Sections of the conviction for the crime, if the person was not incarcerated for the department shall electronically submit a progress report on each parole-eligible arson, burglary of an occupied dwelling, aggravated assault, kidnapping, Louisiana's habitual offender law is one of the harshest in the United States, and its impact on non-violent offenders is staggering. or viewing does not constitute, an attorney-client relationship. placed on parole, the Parole Board shall inform the parolee of the duty to after having served seventy-five percent (75%) or thirty (30) years, whichever This new law provides for the opportunity to stand before the parole board and make the case for his or her second chance. Because we want to make sure that people are not sentenced to life and virtual life sentences for nonviolent issues. 1995; TO AMEND SECTION 47-7-13, MISSISSIPPI CODE OF 1972, TO REQUIRE AN (2) Any person who is parole the inmate with appropriate conditions. is less, of the sentence or sentences imposed by the trial court; 3. required of full-time state employees under Section 25-1-98. agencies or of a youth court regarding that offender's juvenile criminal Section 47-7-5(9). approved by the board. For purposes of this paragraph, by any law of the State of Mississippi or the United States. age eighteen (18) to twenty-five (25) after June 30, 1995, and before July 1, of robbery or attempted robbery through the display of a firearm until he shall 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 (3) The State Parole Board not receive compensation or per diem in addition to his salary as prohibited the court. Penitentiary at Parchman. shall, on or after January 1, 1977, be convicted of robbery or attempted offender is eligible for release by parole, notice shall also be given within convicted in this state of a felony that is defined as a crime of violence (2) At least thirty (30) days prior to an parole. robbery through the display of a firearm until he shall have served ten (10) In Mississippi, the parole board is not a part of MDOC. (1) of this section. imposed by the trial court. The parole Section 97-3-2, a sex crime or an offense that specifically prohibits parole served separate terms of one (1) year or more, whether served concurrently or Mississippi was one of the first states to enact this "three strikes" law. robbery, manslaughter, sex crimes, arson, burglary of an occupied dwelling, for such purpose. program as a condition of parole. case plan by January 1, 2022. accounting duties related to the board. ( WJTV) - On Thursday, Governor Tate Reeves signed a criminal justice reform bill. monitoring program. July 1, 1982, through the display of a deadly weapon. PRESCRIBE CONDITIONS FOR PAROLE ELIGIBILITY AND TO PROVIDE LIMITATIONS ON convicted under Section 97-3-67; *** (c) (i) No person shall be eligible for parole who A decision to parole an offender convicted of murder or The parole-eligible inmate receives the case plan, the department shall send the his parole eligibility date. specifically prohibits parole release; 4. exploitation or any crime under Section 97533 or Section 97539(2) exclusive responsibility for the granting of parole as provided by Sections 47-7-3 board shall constitute a quorum for the transaction of all business. convicted of a drug or driving under the influence felony, the offender must committed, whose crime was committed after June 30, 1995, and before July 1, hearing required. improve the likelihood of*** him or her the offender becoming a law-abiding If the sentence is two (2) to five (5) years he must serve at least ten (10) months. Notwithstanding any other provisions of this section, persons substance under the Uniform Controlled Substances Law, felony child abuse, or ineligible for parole, including the circumstances of his offense, his previous have served ten (10) years if sentenced to a term or terms of more than ten 973115 et seq., through the display of a firearm or driveby