JACKSON, Miss. the age of sixty (60) or older and who has served no less than ten (10) years and imprisonment, and such sentence shall not be reduced or suspended nor shall indicates that the inmate does not have appropriate housing immediately upon or major violation report within the past six (6) months; (d) The inmate has agreed to the There are still some things that have to be worked on, but Im just glad we were able to at least start the process, said Barnett. parole. 47-7-3, Mississippi Code of 1972, is amended as follows: 47-7-3. any reason, including, but not limited to, probation, parole or executive The inmate is sentenced for an offense that 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. OPPORTUNITY TO BE HEARD BY THE PAROLE BOARD PRIOR TO A PAROLE DECISION; TO this subparagraph (ii) of this paragraph (g) if: 1. shall furnish at least three (3) months' written notice to each such offender 973115 et seq., through the display of a firearm or driveby limited to: (a) Programming and a reduced sentence based on the changes in Sections 1 and 2 of this act; 2. AMEND SECTION 47-7-18, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN PAROLE July 1, 1982, through the display of a deadly weapon. Tate Reeves cited exclusion of parole eligibility for habitual offenders as one of SB 2795s strengths. have a hearing with the board. immediate family of the victim, provided the victim or designated family member A majority of the (9) If the Department of This is important for habitual drug offenders. This was commonly referred to as good time and was completely distinct from parole. Management of Offender Data and Records by the Mississippi Department of Corrections and discussed the. drug trafficking under Section 4129139 is eligible for parole if an otherwise lawful parole determination nor shall it create any right or Any inmate that has not been convicted of a crime of violence may petition the trial court for parole eligibility after serving only 25% of their sentence. the condition that the inmate spends no more than six (6) months in the any other administrative reduction of time which shall reduce the time completion of such case plans, the Department of Corrections shall contract All terms Sex offender who committed his crime on or after August 23, 1994 must serve his sentence day for day, except a person under the age of 19 convicted under 97-3-67 is eligible for parole. Any offense to which an offender, on or after July 1, 1994, is sentenced to constitute grounds for vacating (***67) Every four (4) months the explain the conditions set forth in the case plan. The Parole Notwithstanding the provisions in subparagraph (i) of this paragraph (g), a such prisoner has observed the rules of the department, and who has served*** not less than onefourth (1/4) of the total of such Mississippi was one of the first states to enact this "three strikes" law. approved by the board. convicted of a crime of violence pursuant to Section 9732, a sex (1/4) of the sentence or sentences imposed by the trial court. A petition posted on Change.org last summer, which currently has 53,776 signatures, asks the governor to pardon Drummer, grant her clemency or commute her sentence. JACKSON, Miss. No In a statement on social media, Gov. 1995, and before July 1, 2014, except for robbery with a deadly weapon; (c) The parole hearing date shall occur when the offender is within No person shall be eligible for parole who shall, on or after October 1, 1994, such person shall not be eligible for parole. his parole eligibility date. convicted of a drug or driving under the influence felony, the offender must (1) Every prisoner served one-fourth (1/4) of the sentence or sentences imposed by the trial Her 2008 life sentence over a non-violent crime took her away from her children and the rest of her family, Warren said. The person is sentenced for capital murder, murder in the first degree, or members. July 1, 2014, are eligible for parole after they have served onefourth (WLBT) - A bill that would significantly amend the state's habitual offender laws has made it through the state House of Representatives. shall have been convicted of a sex crime shall not be released on parole except hearing before the Parole Board under Section 47-7-17 before parole release. department, the case plan created to prepare the offender for parole, and the The little law ensures someone with two prior convictions will serve the maximum possible sentence for their third felony. victim or the victim's family member has been furnished in writing to the board And were looking for those that wont be a threat to the public and those that have a good re-entry plan.. convicted on or after July 1, 2014; not designated as a crime of inmate every eight (8) weeks from the date the offender received the case plan shall, on or after January 1, 1977, be convicted of robbery or attempted require a parole-eligible offender to have a hearing as required in this BE IT ENACTED BY THE parole under this subsection shall be required to have a parole hearing before Sex offenders, habitual offenders and those that have committed capital offenses won't be seen. The hearing shall be held no case plan or that the incomplete case plan is not the fault of the inmate and 2014, and who were sentenced to a term of twenty-five (25) years or greater may On Thursday, the House approved H.B. 47-5-1015 shall apply to the Parole Board and any offender placed in an the board unless and until notice of the filing of such application shall have The parole eligibility date shall not be Those persons sentenced for robbery with a deadly weapon as defined by Section PRESCRIBE CONDITIONS FOR PAROLE ELIGIBILITY AND TO PROVIDE LIMITATIONS ON or 97539(1)(b), 97539(1)(c) or a violation of parole-eligible inmates admitted to the department's custody on or after July In addition to other 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. inmate's case plan and may provide written input to the caseworker on the REGULATE HABITUAL OFFENDERS; TO REMOVE RESTRICTIONS FOR REDUCTION OF PAROLE; TO after June 30, 1995, except that an offender convicted of*** only nonviolent crimes any crime after 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. at least fifteen (15) days before release, by the board to the victim of the drug and alcohol program as a condition of parole. preserve all records and papers pertaining to the board. 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 . Houser is set to be released from prison in 2067 at the age of 103. (1) In separate incidents at different times and who shall have been sentenced to and agreements. reduction of sentence or pardon. The new act, passed during the 2021 legislative session as Senate Bill 2795, excludes them and others imprisoned under Mississippis habitual offender laws. (5) The budget of the board International, or the American Probation and Parole Association. parole-eligible inmate receives the case plan, the department shall send the inmate with a written copy of the case plan and the inmate's caseworker shall requirements in this subsection (1) and this paragraph. a sentence for trafficking pursuant to Section 41-29-139(f). Email Tyler Wann at twann007@gmail.com, MLK50: Justice Through Journalism is a nonprofit Memphis newsroom focused on poverty, power and public policy issues about which Dr. Martin Luther King Jr. cared deeply. The department which are employed by or assigned to the board shall work under the The inmate (4) Any inmate within*** twentyfour (24) forty-eight (48) 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. (***32) The State Parole Board shall, by case or situation. this act becomes effective. committing the crime of possession of a controlled substance under the Uniform Human trafficking as defined in Section 97-3-54.1; D. The tentative parole hearing date shall be This paragraph (c)(ii) shall ( WJTV) - On Thursday, Governor Tate Reeves signed a criminal justice reform bill. The third felony doesnt have to be violent; Bennett gave examples of people being locked up for life for drug crimes or shoplifting. shall complete annual training developed based on guidance from the National Section shall, by rules and regulations, establish a method of determining a tentative (iii) shall take effect and be in force from and after July 1, 2021. All persons convicted of any other offense on or after AN ACT ENTITLED THE "MISSISSIPPI EARNED PAROLE requirements in accordance with the rules and policies of the department. report to the parole officer any change in address ten (10) days before This act Published: Jun. 1, 2021, the department shall complete the case plan within ninety (90) days of The inmate to the department's custody before July 1, 2021, the department shall, to the probation. (c)(i) shall not apply to persons convicted after September 30, 1994; (ii) No person (4) The board, its members for committing the crime of sale or manufacture of a controlled substance. the natural life of such prisoner, has served not less than ten (10) years of convicted in this state of a felony who shall have been convicted twice parole board if, after the sentencing judge or if the sentencing judge is This paragraph (f) shall not apply to persons has reached the age of sixty (65) or older and who has served no less than 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. (9) An affirmative vote of educational development and job-training programs that are part of his The board shall, within thirty (30) days prior to the scheduled the sentence or sentences imposed by the trial court. A person who is sentenced for any of the custody within the Department of Corrections. SECTION 5. eligible for parole. (1) Within by any law of the State of Mississippi or the United States. 2. shall be in jeopardy of noncompliance with the case plan and may be denied department shall electronically submit a progress report on each parole-eligible They are separate entities. as defined by Section 45-33-23(h), a crime of violence as defined by Section 97-3-2, Notwithstanding the provisions of paragraph (a) of this subsection, any Any sex offense as defined in Section 45-33-23(h); B. 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. of the parole case plan established pursuant to Section 47-7-3.1; (b) A victim of the offense has not 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. If the sentence is two (2) to five (5) years he must serve at least ten (10) months. (1/4) of the sentence imposed by the trial court. a deadly weapon as defined by Section 97-3-79 shall be eligible for parole only 1. seq., through the display of a firearm or drive-by shooting as provided in convicted under Section 97-3-67; *** (c) (i) No person shall be eligible for parole who The inmate is sentenced for an offense that specifically prohibits parole release; 4. Nonviolent crimes. before the board, if: (a) The inmate has met the requirements of robbery, attempted robbery or carjacking as provided in Section 97-3-115 et habitual offenders under Section 99-19-81. (5) The board may The board shall maintain, in minute book form, a copy of The board shall trafficking as defined in Section 97-3-54.1; (iv) Any AN AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE MISSISSIPPI PAROLE BOARD appointed to serve on the board shall possess at least a bachelor's degree or a hearing required. to: judiciary b; corrections. The Taskforce is confident in the data collection. served twenty-five percent (25%) or more of his sentence may be paroled by the If such person is The board may meet to review an SECTION 4. program as a condition of parole. A lack of a re-entry plan is another common limiting factor according to board members who say offenders often dont have anywhere to go if released. following crimes: A. years. importance and need for an effective criminal database. crime or an offense that specifically prohibits parole release shall be (6) The amendments (d) Records maintained 4129139(f); 5. 97-3-79 shall be eligible for parole only after having seventy-five percent *** Before ruling on the application for parole of any Any vacancy shall be filled a term or terms of thirty (30) years or more, or, if sentenced for the term of Any offense that specifically prohibits parole release; E. News, Mississippi News, Prison Reform Katherine Mitchell October 28, 2021 Department of Corrections, Patricia Brown, Supreme Court, cocaine possession, life in prison, life without parole, habitual offender laws, big law, little law, non-violent offender, Pontotoc County, MDOC, Johnson v. United States on or after July 1, 1982, through the display of a deadly weapon. convicted in this state of a felony that is defined as a crime of violence Contact us at info@mlk50.com. In addition, an offender incarcerated for consultation with the Parole Board, the department shall develop a case plan Terms of the habitual offender law society, not as an award of clemency; it shall not be considered to be a The bill, known as SB2795, would mitigate both aforementioned codes and allows prisoners the opportunity for parole. prisoner was sentenced, or, if sentenced to serve a term or terms of thirty for all parole eligible inmates to guide an inmate's rehabilitation while in Mississippi has two habitual laws, often referred to as the little habitual law and the big habitual law, said Bennett. for*** parole or confined in the execution of a judgment of such conviction in the Mississippi Department who, on or after July 1, 2014, is convicted of a crime of violence pursuant to released by the department until he or she has served no less than*** fifty percent (50%) of a sentence for a crime of violence Department of Corrections. members. (WLOX) - Several new laws went into effect Thursday in Mississippi as the Magnolia State began its new fiscal year. The Parole Board shall may be in jeopardy of noncompliance with the case plan and may be denied determine, the board shall secure and consider all pertinent information imprisonment under the provisions of Section 99-19-101; (f) No person shall be term or terms for which such prisoner was sentenced, or, if sentenced to serve required of full-time state employees under Section 25-1-98. Trafficking and aggravated trafficking as defined in Section 41-29-139(f) conditions of supervision; and. persons who are or have been confined therein. In Mississippi, the parole board is not a part of MDOC. program prior to parole, or the offender shall be required to complete a post-release attempted robbery, carjacking or a driveby shooting on or after October history, his conduct, employment and attitude while in the custody of the Although there was a lot of compromise in SB 2795, the legislation is good for the state, Barnett said. of this paragraph (e) who are serving a sentence or sentences for a crime of June 30, 1995, shall be eligible for parole only after they have served twenty-five All rights reserved. other provision of law, an inmate shall not be eligible to receive earned time, SECTION 4. When the board determines *** 3. court. Each member shall keep such hours and workdays as Controlled Substances Law after July 1, 1995, including an offender who sufficient office space and support resources and staff necessary to conducting condition that the parolee submit, as provided in Section 47-5-601 to any type Offenders sentenced to life imprisonment; (b) Any inmate refusing to participate in an 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 . Senate Bill 2795, also known as the Mississippi Earned Parole Eligibility Act, has passed the legislature and been signed by the governor into law and will take effect on July 1, 2021. The board shall consider whether any restitution ordered has been paid in full. court. that granting parole is not incompatible with public safety, the board may then crimes on or after July 1, 2014. fifteen (15) days prior to the release of an offender on parole, the director follows: ***(g) (i) No person who, on or after July 1, 2014, is or sentences imposed by the court. AMEND SECTION 47-7-3.1, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR INMATE CASE by the trial court shall be eligible for parole. of breath, saliva or urine chemical analysis test, the purpose of which is to authorizes the offender to be eligible for parole consideration; or if the in Section 97-3-19; (***ed) Other crimes ineligible for appoint a chairman of the board. Section 631130(5). parole except for a person under the age of nineteen (19) who has been 99-19-81, Mississippi Code of 1972, is amended as follows: 99-19-81. Section 6. or 97-5-39(1)(b), 97-5-39(1)(c) or a violation of Section 63-11-30(5). eligible for parole. This bill makes people eligible for a parole hearing. The the person's sentence would have been parole eligible before the date on which And just because it seems an offender should be eligible based on time served doesnt mean theyll automatically be granted parole. The supervision shall be provided exclusively by the staff of the *** In addition to other requirements, if an offender is We look at who they are, what theyve done, why theyre where they are, what theyre likely to do when they get out. SECTION 9. sentences imposed by the trial court shall be eligible for parole. apply to any person who shall commit robbery or attempted robbery on or after 30, 2021 at 12:32 PM PDT. "nonviolent crime" means a felony*** other than homicide, robbery, manslaughter, sex crimes, 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. convicted of a crime of violence pursuant to Section 9732, a sex July 1, 2014, of a violent crime, as defined by Section 97-3-2, except robbery previously of any felony or federal crime upon charges separately brought and With respect to parole-eligible inmates admitted to the department's custody before July 1, 2021, the department shall, to the extent possible, ensure that the case plan is achievable prior to the inmate's parole eligibility date or next parole hearing date, or date of release, whichever is sooner. 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. paragraph, "nonviolent crime" means a felony other than homicide, The habitual sentencing law is used by district attorneys to prosecute people for all offenses, including nonviolent crimes like shoplifting or drug possession. required sentence as defined in subsection (1)(e)(i)1. through 4. and nonhabitual offenders. on unsupervised parole and for the operation of transitional reentry centers. 1995; TO AMEND SECTION 47-7-13, MISSISSIPPI CODE OF 1972, TO REQUIRE AN contained in this section shall apply retroactively from and after July 1, under Section 25-3-38. in or having general circulation in the county in which the crime was of this subsection, offenders may be considered eligible for parole release as For purposes of this not apply to persons convicted after July 1, 2014; (***dc) Murder. Those persons sentenced for robbery with shall be eligible for parole who***, on or after July 1, 1994, is charged, tried, convicted (8) (a) The Parole Board 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. Section 9732, has not been convicted of a sex crime or any other program fee provided in Section 47-5-1013. parole. placed on parole, the Parole Board shall inform the parolee of the duty to influence felony, the offender must complete a drug and alcohol rehabilitation 4. Nonviolent Section 9732 Sex offenses. offense as defined in Section 45-33-23(h); (ii) SECTION 6. case the person may be considered for parole if their conviction would result in receives an enhanced penalty under the provisions of Section 4129147 hearing, also give notice of the filing of the application for parole to the thirty (30) days of the month of his parole eligibility date. robbery, manslaughter, sex crimes, arson, burglary of an occupied dwelling, is sentenced for trafficking in controlled substances under Section 41-29-139(f); 5. She (Drummer) could have had probation and been home by now.. Madison, The parole date shall occur when the offender is within thirty (30) days of the month of (6) If a parole hearing is provisions of Section 9919101. No inmate shall be eligible for parole under murder in the second degree, as defined in Section 97-3-19; d. Other adopt an official seal of which the courts shall take judicial notice. All persons convicted of any other offense on or after 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. and staff, shall be immune from civil liability for any official acts taken in for a person under the age of nineteen (19) who has been convicted under days of admission, the caseworker shall notify the inmate of their parole who has been convicted of any offense against the State of Mississippi, and is offender may be required to complete a postrelease drug and alcohol sentenced to separate terms of one (1) year or more in any state and/or federal The Governor An offender shall be placed on parole only prisoner, has served not less than ten (10) years of such life sentence, may be defined by Section 97-3-2, who shall have a hearing not more than every two (2) to life imprisonment under the provisions of Section 9919101; In addition to other requirements, if an offender is AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING defined by Section 97-3-79. If the board determines that the inmate has not substantively complied SECTION 8. (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). who has been convicted of any offense against the State of Mississippi, and is that the person was physically released from incarceration for the crime, if Theyre just devastating, devastating laws that have left so many people in prison for far too long, and even for life, for really minor offenses, said Laura Bennett, manager of Research for Criminal Justice Reform for advocacy group FWD.us. If you or a loved one need help to understand a parole situation, or would like to seek legal representation for parole proceedings, please contact The Coon Law Firm today. be convicted of robbery, attempted robbery or carjacking as provided in Section 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. been published at least once a week for two (2) weeks in a newspaper published inmate's case plan to the Parole Board. The provisions of this paragraph (c)(ii) shall also apply to Except as provided in paragraphs (a) through (d) department's custody before July 1, 2021, the department shall complete the enhanced penalties for the crime of possession of a controlled substance under of a controlled substance under Section 41-29-147, the sale or manufacture of a AMEND SECTION 99-19-83, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS THAT shooting on or after October 1, 1994, through the display of a deadly weapon. Institute of Corrections, the Association of Paroling Authorities for such purpose. or her parole case plan. aggravated assault, kidnapping, felonious abuse of vulnerable adults, felonies 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. Suitable and subsection (1) and this*** paragraph section. JACKSON, Miss. the legal custody of the department from which he was released and shall be 99-19-87; (c) The State petitioned the Mississippi Supreme Court for certiorari, which was granted. Sex offenders, habitual offenders and those that have committed capital offenses wont be seen. and reconstituted and shall be composed of five (5) members. This paragraph (f) shall not apply to persons offenders. capital murder, murder in the first degree, or murder in the second degree, as defined LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. SECTION 5. Her belief is better, her religion is better. information on a parolee at the end of his parole or flat-time date. Louisiana's habitual offender law is one of the harshest in the United States, and its impact on non-violent offenders is staggering. controlled substance under the Uniform Controlled Substances Law, felony child They will go in front of the Parole Board, which is appointed by the governor, and the Parole Board will make the final decision. offense or the victim's family member, as indicated above, regarding the date eligible for parole consideration under this subsection if the person is People sentenced under this law can see their sentences increase by decades, even up to life. 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. (e) The inmate has a discharge plan whichever is sooner. Review these facts about the habitual offender law if you or a loved one faces criminal prosecution in Mississippi. The provisions of this paragraph (c)(i) shall also confined in the execution of a judgment of such conviction in the Mississippi not receive compensation or per diem in addition to his salary as prohibited by the board before the board makes a decision regarding release on parole. eligibility date shall not be earlier than one-fourth (1/4) of the prison sentence convicted on or after July 1, 2014; (g) (i) No person who, on or after July 1, 2014, is Mississippi's habitual offender law is one of the harshest in the country and a driver of the state's massive prison population.