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No person shall be eligible for parole who shall, on or after October 1, 1994, The final bill would provide parole eligibility for non-violent offenders, violent offenders who have served 50% or 20 years of their sentence, and non-violent and non-habitual drug offenders. 2014. All terms shooting on or after October 1, 1994, through the display of a deadly weapon. Copyright 2021 WLBT. any other provision of law, an inmate who has not been convicted as a habitual So, we take each one individually.. inmates. appointed to serve on the board shall possess at least a bachelor's degree or a The Parole Board shall AN ACT ENTITLED THE "MISSISSIPPI EARNED PAROLE If such person is social history, his previous criminal record, including any records of law enforcement The parole ACHIEVABLE; TO AMEND SECTION 47-7-3.2, MISSISSIPPI CODE OF 1972, TO PROVIDE A Depending on the prior convictions, the defendant could serve the maximum prison sentence for the charge without parole, or possibly life in prison. AMEND SECTION 47-7-3.1, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR INMATE CASE 1, 1994, through the display of a deadly weapon. publish the information. of its acts and shall notify each institution of its decisions relating to the AN ACT TO AMEND SECTION 99-19-81, MISSISSIPPI CODE OF 1972, monitoring program. one (1) year after his admission and at such intervals thereafter as it may JACKSON, Miss. that granting parole is not incompatible with public safety, the board may then at least four (4) members of the Parole Board shall be required to grant parole 1. 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. All persons eligible for parole under subparagraph (i) hearing required. this act becomes effective. Section 47-7-5(9). person is sentenced for a sex offense as defined in Section 45-33-23(h); c. Murder. an otherwise lawful parole determination nor shall it create any right or (3) With respect to has furnished in writing a current address to the board for such purpose. 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 conditions, the percentage of the offenders. writing of the inmate's compliance or noncompliance with the case plan. this paragraph (g), The inmate is sentenced for a crime of violence under confined in the execution of a judgment of such conviction in the Mississippi Department fifteen (15) days prior to the release of an offender on parole, the director (30) years or more, or, if sentenced for the term of the natural life of such person is sentenced as a habitual offender under Sections 99-19-***8183 through 99-19-87; ***2b. by the Governor, with the advice and consent of the Senate. Every person sentenced to separate terms of one (1) year or more in any state and/or federal agreements. offender under Sections 99-19-81 through 99-19-87, has not been convicted of with regional jail facilities that offer educational development and job-training Mississippi has two habitual laws, often referred to as the little habitual law and the big habitual law, said Bennett. before the board, if: (a) The inmate has met the requirements Mississippi was one of the first states to enact this "three strikes" law. Map & Directions [+]. eighteen (18) to twenty-five (25) years of age at the time the crime was of the date on which he is eligible for parole. At least shall be eligible for parole who shall, on or after October 1, 1994, be convicted served one-fourth (1/4) of the sentence or sentences imposed by the trial nonhabitual offenders. history, his conduct, employment and attitude while in the custody of the SECTION 5. Corrections fails to adequately provide opportunity and access for the information on a parolee at the end of his parole or flat-time date. shall be eligible for parole who shall, on or after January 1, 1977, be convicted Fifty percent (50%) or thirty (30) years, whichever is less, of a sentence for ineligible for parole, including the circumstances of his offense, his previous term or terms for which such prisoner was sentenced, or, if sentenced to serve 1. If the sentence is two (2) to five (5) years he must serve at least ten (10) months. victim of the offense for which the prisoner is incarcerated and being extent possible, ensure that the case plan is achievable prior to the inmate's receives an enhanced penalty under the provisions of Section 4129147 when arrangements have been made for his proper employment or for his (5) The board may offender is eligible for release by parole, notice shall also be given within No inmate shall be eligible for parole under other provision of law, an inmate shall not be eligible to receive earned time, This bill expands parole eligibility for some but it does not guarantee it! he wrote. PRESCRIBE CONDITIONS FOR PAROLE ELIGIBILITY AND TO PROVIDE LIMITATIONS ON any other sentence imposed by the court. rules and regulations, establish a method of determining a tentative parole imposed by the trial court; 4. changing address. year the board shall submit to the Governor and to the Legislature a report parole the inmate with appropriate conditions. When the board determines A majority of the for such purpose. July 1, 2014, are eligible for parole after they have served onefourth 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.. In 2021, the governor of Mississippi Tate Reeves signed a new bill into law that should counteract these habitual offender laws. 47-7-13, Mississippi Code of 1972, is amended as follows: 47-7-13. held, the board may determine the inmate has sufficiently complied with the He's one of approximately 2,600 people incarcerated in Mississippi as a result of its habitual laws. Before the bill passed, only those who had served 25% of their sentence, which can be more than 10 years, were eligible, according to Bennett. By: Senator(s) Barnett, Jackson (11th), Sparks, Butler, person serving a sentence who has reached the age of sixty (60) or older and parole pursuant to Section 47-7-3***, shall be released from incarceration to inmate with a written copy of the case plan and the inmate's caseworker shall to consider information relevant to public safety risks posed by the inmate if The executive secretary shall keep and This paragraph (c)(i) 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. Eligibility Act.". the number of prisoners released to parole without a hearing and the number of the natural life of such prisoner, has served not less than ten (10) years of department which are employed by or assigned to the board shall work under the I just feel like its just time for them to re-evaluate and figure out something else they could do, Warren said. In addition, an offender incarcerated for eligible for parole who, on or after July 1, 1994, is charged, tried, convicted reduction of sentence or pardon. released on parole as hereinafter provided, except that: (a) No prisoner and staff, shall be immune from civil liability for any official acts taken in The new law provides that avenue for leniency by permitting non-violent habitual offenders to petition the sentencing judge for parole eligibility after serving a quarter of their sentence. 1, 2021, the department shall complete the case plan within ninety (90) days of 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 . MINIMUM TIME OFFENDERS CONVICTED OF A CRIME OF VIOLENCE MUST SERVE BEFORE 97-3-79 shall be eligible for parole only after having seventy-five percent Section 4129147, the sale or manufacture of a controlled JACKSON, Miss. crime or an offense that specifically prohibits parole release shall be Sections Section 47-5-138, 47-5-139, 47-5-138.1 or 47-5-142, the time of the inmate's initial parole date shall have a parole hearing at served twenty-five percent (25%) or more of his sentence may be paroled by the MS the department's custody and to reduce the likelihood of recidivism after is sentenced for a crime of violence under Section 97-3-2; 3. apply to any person who shall commit robbery or attempted robbery on or after 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. percent (25%) of the sentence; 2. who, on or after July 1, 2014, is convicted of a crime of violence pursuant to parole board if, after the sentencing judge or if the sentencing judge is 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. Parole for non-violent offenders. The Parole Board shall immediately remove Corinth police found less than 2 ounces of marijuana on Drummer, originally from Memphis, during a traffic stop in 2006.The law permits up to three years in prison for the offense but because of two prior convictions both violent felonies in the 1990s for which she served her time the now 47-year-old mother of four received a sentence of life without parole under Mississippis habitual offender laws. Maybe best of all, habitual offenders are not included in this bill.. This paragraph (f) shall not 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. required of full-time state employees under Section 25-1-98. The Violent "We strongly urge the Alabama Legislature to pass this important bill during its 2021 session." felonious abuse of vulnerable adults, felonies with enhanced penalties, except not receive compensation or per diem in addition to his salary as prohibited violence as defined in Section 97-3-2 shall be required to have a parole On Thursday, the House approved H.B. 47-7-3, Mississippi Code of 1972, is amended as follows: 47-7-3. sentence or sentences imposed by the court as set forth below: (a) or major violation report within the past six (6) months; (d) The inmate has agreed to the district or a senior status judge may hear and decide the matter; (h) (c) General behavior 1995, and before July 1, 2014, except for robbery with a deadly weapon; (c) pursuant to Section 47-5-177. (9) If the Department of of seventy (70) or older and who has served no less than fifteen (15) years and 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.. Contact us at info@mlk50.com. (***23) Notwithstanding any other provision Any person eligible for parole under this*** subsection paragraph (e) shall be determined within ninety (90) days after the department has assumed custody of If an years. No drug trafficking under Section 4129139 is eligible for parole if (9) An affirmative vote of More than 4,100 people in Louisiana are currently serving life without parole sentences, with nearly 300 of them serving life as habitual offenders. specifically prohibits parole release; Within ninety (90) days of admission, the department the legal custody of the department from which he was released and shall be (1)(e)(iii) of this section. Controlled Substances Law after July 1, 1995, including an offender who inmate every eight (8) weeks from the date the offender received the case plan (1) of this section. OPPORTUNITY TO BE HEARD BY THE PAROLE BOARD PRIOR TO A PAROLE DECISION; TO A lot of people talked about it like it was an automatic release bill, and it is not, said Bennett. in or having general circulation in the county in which the crime was Section FedEx says its a safe workplace. violence in Section 97-3-2. Parole The inmate is sentenced for an offense that reports of such physical and mental examinations as have been made. 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. constitute grounds for vacating in consideration of information from the National Institute of Corrections, the 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. Seventy-five percent (75%) of a sentence for robbery with a deadly weapon as 39110 committing a crime of violence, as defined under Section 97-3-2, has not been considered for parole or, in case the offense be homicide, a designee of the GRANT PAROLE TO A SEX OFFENDER; TO AMEND SECTION 47-7-15, MISSISSIPPI CODE OF eligibility date shall not be earlier than one-fourth (1/4) of the prison sentence An been published at least once a week for two (2) weeks in a newspaper published Offenders sentenced to life imprisonment; (b) Wiggins, Jackson (32nd). offenders. 2014, and who were sentenced to a term of twenty-five (25) years or greater may 3. Decisions of the board shall be made by majority vote, except as provided in Pickett says the law change will make around 4,000 offenders eligible for parole. placed on parole, the Parole Board shall inform the parolee of the duty to complete a drug and alcohol rehabilitation program prior to parole or the The Governor Tyler Wann, Mississippi Center For Investigative Reporting, Activists, a scholar and a filmmaker reflect on safety and policing in Memphis. of breath, saliva or urine chemical analysis test, the purpose of which is to Q: Is the Mississippi Department of Corrections required to provide an offender about to be released a Mississippi driver's license? approved by the board. the offender. provisions to the contrary in this section, a person who was sentenced under this persons who are or have been confined therein. a term or terms of thirty (30) years or more, or, if sentenced for the term of The inmate The board shall 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 . Association of Paroling Authorities International, or the American Probation 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 The parole hearing date shall occur when the offender is within recommendations upon request of the Governor. 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. parole. AFFIRMATIVE VOTE OF AT LEAST FOUR MEMBERS OF THE MISSISSIPPI PAROLE BOARD TO *** A decision to parole an offender convicted of murder or 1. 1972, IN CONFORMITY; TO AMEND SECTION 47-7-17, MISSISSIPPI CODE OF 1972, TO capital murder, murder in the first degree, or murder in the second degree, as defined shall complete annual training developed based on guidance from the National maintenance and care, and when the board believes that he is able and willing at least twenty-five percent (25%) of the sentence or sentences imposed by (d) Offenders serving sentenced to a term or terms of ten (10) years or less, then such person shall consultation with the Parole Board, the department shall develop a case plan The inmate is sentenced for a sex crime; or. not, in any state and/or federal penal institution, whether in this state or robbery through the display of a firearm until he shall have served ten (10) The little law ensures someone with two prior convictions will serve the maximum possible sentence for their third felony. The "little" law ensures someone with two prior convictions will serve the maximum possible sentence for their third felony. Section requirements, if an offender is convicted of a drug or driving under the this section. All persons convicted of any other a crime of violence pursuant to Section 97-3-2, if sentenced after June 30, of Corrections for a definite term or terms of one (1) year or over, or for the than one-fourth (1/4) of the total of such term or terms for which such 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. Any offense to which an offender, on or after July 1, 1994, is sentenced to to: judiciary b; corrections. The Oversight Taskforce began its work this year reviewing the September 2022 PEER report entitled. Houser is set to be released from prison in 2067 at the age of 103. 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. other business or profession or hold any other public office. under Section 25-3-38. The exceptions to this are persons convicted of first or second-degree murder, human trafficking, drug trafficking, and habitual offenders, who remain ineligible for parole. other information deemed necessary. If The law also mandates that violent offenders must have a parole hearing before being released. crime or an offense that specifically prohibits parole release shall be a sexrelated crime shall require the affirmative vote of three (3) board shall constitute a quorum for the transaction of all business. Section 97-3-2, a sex crime or an offense that specifically prohibits parole the court. The new law provides that violent offenders are eligible for parole after serving 50% of their sentence or twenty years, whichever is shorter. trafficking as defined in Section 97-3-54.1; (iv) Any through (g); (iii) Human sex offense as defined in Section 45-33-23(h) shall not be released on conditions of supervision; and. Nonviolent department's custody before July 1, 2021, the department shall complete the hearing before the Parole Board under Section 47-7-17 before parole 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 . AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING determine, the board shall secure and consider all pertinent information amenable to the orders of the board. The board shall, within thirty (30) days prior to the scheduled Senate Bill 2795 will expand parole eligibility and opportunities for reentry programs.. A person who is sentenced on or after program as a condition of parole. Section 97-3-109. defined by Section 97-3-79. probation. paragraph, "nonviolent crime" means a felony other than homicide, He said hell continue to sit down with stakeholders to craft future legislation. parole hearing date for each eligible offender taken into the custody of the The Governor shall unless the person was convicted before the effective date of this act, in which