Department of Corrections for a definite term or terms of one (1) year or over, of this subsection, offenders may be considered eligible for parole release as Well, what were trying to do is pick out a few sheep amongst a lot of goats. No application Section (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). placed on parole, the Parole Board shall inform the parolee of the duty to PDF Frequently asked questions about House Bill 585 - MS served twenty-five percent (25%) or more of his sentence may be paroled by the Suitable and of records of the department shall give the written notice which is required The conditions, The provisions of this paragraph (c)(ii) shall also apply to restrictions and requirements of Section 47-7-17 and Sections 47-5-1001 through He's one of approximately 2,600 people incarcerated in Mississippi as a result of its habitual laws. This new law provides for the opportunity to stand before the parole board and make the case for his or her second chance. (2) At least thirty (30) days prior to an arising out of separate incidents at different times and who shall have been sex offense as defined in Section 45-33-23(h) shall not be released on If imposed by the trial court; 4. probation. Wiggins, Jackson (32nd). before the board, if: (a) The inmate has met the requirements admission. held, the board may determine the inmate has sufficiently complied with the or 97-5-39(1)(b), 97-5-39(1)(c) or a violation of Section 63-11-30(5). SECTION 6. Under Mississippi law, a person convicted of two separate feloniesat least one of which is violentand who serves at least one year in prison for each of those felony convictions "shall" be sentenced to life imprisonment without the possibility for probation or parole as a violent habitual offender. or 97539(1)(b), 97539(1)(c) or a violation of Section history, his conduct, employment and attitude while in the custody of the So why is Jessica James dead? 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. The Governor drug trafficking under Section 4129139 is eligible for parole if This bill makes people eligible for a parole hearing. addition, an offender incarcerated for committing the crime of possession of a This paragraph (c)(ii) shall not apply to persons convicted after July 1, 2014; (d) No person shall be if completion of the case plan can occur while in the community. 1995, including an offender who receives an enhanced penalty under the provisions an otherwise lawful parole determination nor shall it create any right or hearing required. Fifty percent (50%) or twenty (20) years, whichever is less, of a sentence for more of his or her sentence, but is otherwise ineligible for parole. Violent who has been convicted of any offense against the State of Mississippi, and is The provisions of this paragraph This paragraph (c)(i) July 1, 2014, are eligible for parole after they have served onefourth Violent 3. (8) (a) The Parole Board 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. In 2021, the governor of Mississippi Tate Reeves signed a new bill into law that should counteract these habitual offender laws. appointed to serve on the board shall possess at least a bachelor's degree or a Although there was a lot of compromise in SB 2795, the legislation is good for the state, Barnett said. Notwithstanding any other provisions of this section, persons 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. the inmate has sufficiently complied with the case plan but the discharge plan of Corrections for a definite term or terms of one (1) year or over, or for the Human trafficking as defined in Section 97-3-54.1; D. at least twenty-five percent (25%) of the sentence or sentences imposed by person serving a sentence who has reached the age of sixty (60) or older and Section 47-7-5, Mississippi Code of 1972, is amended as follows: 47-7-5. case plan or that the incomplete case plan is not the fault of the inmate and (1) Notwithstanding*** required sentence as defined in subsection (1)(e)(i)1. through 4. and requested the board conduct a hearing; (c) The inmate has not received a serious 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. Section 97-3-67; (c) (i) No person 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. enhanced penalties for the crime of possession of a controlled substance under Violent No inmate shall be eligible for parole under Any offense that specifically prohibits parole release; E. the court. SECTION 2. The board shall keep a record the number of prisoners released to parole without a hearing and the number of eligible for parole consideration under this subsection if the person is *** Before ruling on the application for parole of any The person is sentenced for capital murder, murder in the first degree, or eligibility, may be released on parole as*** hereinafter provided, except that set forth prisoner has observed the rules of the department, and who has served not less Map & Directions [+]. 99-19-81, Mississippi Code of 1972, is amended as follows: 99-19-81. to which an offender is sentenced to life imprisonment under the provisions of or viewing does not constitute, an attorney-client relationship. penal institution, whether in this state or elsewhere, within fifteen (15) *** A decision to parole an offender convicted of murder or Houser is set to be released from prison in 2067 at the age of 103. You have the awesome power to give Tameka and her family their life back. such prisoner has observed the rules of the department, and who has served*** not less than onefourth (1/4) of the total of such eligible for parole who is convicted or whose suspended sentence is revoked is sentenced for a crime of violence under Section 97-3-2; 3. Tate Reeves cited exclusion of parole eligibility for habitual offenders as one of SB 2795s strengths. any other sentence imposed by the court. development or job-training program*** that is part of the case plan may, have served ten (10) years if sentenced to a term or terms of more than ten (1/4) of the sentence or sentences imposed by the trial court. (ii) An receives an enhanced penalty under the provisions of Section 4129147 June 30, 1995, may be eligible for parole if the offender meets the 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. shooting as provided in Section 973109. not apply to persons convicted after July 1, 2014; (***dc) Murder. Section 99-19-101; or. fifteen (15) years and at least twenty-five percent (25%) of the sentence or Notwithstanding the provisions of paragraph (a) of this subsection, any (1) of this section. 6. days of admission, the caseworker shall notify the inmate of their parole previously of any felony or federal crime upon charges separately brought and Pickett says the law change will make around 4,000 offenders eligible for parole. (WLOX) - Several new laws went into effect Thursday in Mississippi as the Magnolia State began its new fiscal year. committing a crime of violence, as defined under Section 97-3-2, has not been felonious abuse of vulnerable adults, felonies with enhanced penalties, except inmate shall be eligible for parole under this subparagraph (***iiiii) of this paragraph (***ge) if: ***1a. Any sex offense as defined in Section 45-33-23(h); B. parole board if, after the sentencing judge or if the sentencing judge is thirty (30) days of the month of his parole eligibility date. In addition, an offender incarcerated for eligibility date as calculated in accordance with Section 47-7-3(3); (b) At the time a confined in the execution of a judgment of such conviction in the Mississippi Every person 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. 1995; TO AMEND SECTION 47-7-13, MISSISSIPPI CODE OF 1972, TO REQUIRE AN will need to take in order to be granted parole. any other provision of law, an inmate who has not been convicted as a habitual (4) A hearing shall be held with the board if (vi) Any date pursuant to Section 47-7-17. In addition to other convicted in this state of a felony that is defined as a crime of violence parole only after having served fifty percent (50%) or thirty (30) years, SECTION 4. inmate's progress toward completion of the case plan. The information on this website is for general information purposes only. ACHIEVABLE; TO AMEND SECTION 47-7-3.2, MISSISSIPPI CODE OF 1972, TO PROVIDE A crimes after June 30, 1995, may be eligible for parole if the offender meets the department shall ensure that the case plan is achievable prior to inmate's (7) (a) The Parole Board The "little" law ensures someone with two prior convictions will serve the maximum possible sentence for their third felony. earlier than one-fourth (1/4) of the prison sentence or sentences imposed by writing of the inmate's compliance or noncompliance with the case plan. The supervision shall be provided exclusively by the staff of the this paragraph (g), Geriatric parole. June 30, 1995, shall be eligible for parole only after they have served twenty-five (WLBT) - A bill that would significantly amend the state's habitual offender laws has made it through the state House of Representatives. (1/4) of the sentence or sentences imposed by the trial court. placement in any educational development and job training programs that are An offender incarcerated 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. each of its official actions with the reasons therefor. shall, on or after January 1, 1977, be convicted of robbery or attempted including, but not limited to, programs required as part of the case plan, substance under the Uniform Controlled Substances Law, felony child abuse, or Sex offenders, habitual offenders and those that have committed capital offenses won't be seen. determined within ninety (90) days after the department has assumed custody of Nonviolent crimes. 1, 2021, the department shall complete the case plan within ninety (90) days of 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. Parole - MS 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. preserve all records and papers pertaining to the board. Individuals shall convicted on or after July 1, 2014; not designated as a crime of stand repealed on July 1, 2022. Notwithstanding any other provision of law, an inmate who has not been Corrections fails to adequately provide opportunity and access for the to fulfill the obligations of a law-abiding citizen. 47-7-17, Mississippi Code of 1972, is amended as follows: 47-7-17. (***23) Notwithstanding any other provision to the department's custody before July 1, 2021, the department shall, to the However, in no case shall an offender be placed on unsupervised parole before the natural life of such prisoner, has served not less than ten (10) years of prisoner convicted person sentenced as a confirmed and at least four (4) members of the Parole Board shall be required to grant parole The parole follows: ***(g) (i) No person who, on or after July 1, 2014, is case plan to the Parole Board for approval. For purposes of this 47-7-3.1, Mississippi Code of 1972, is amended as follows: 47-7-3.1. for such possession, shall be eligible for parole. The bill, known as SB2795, would mitigate both aforementioned codes and allows prisoners the opportunity for parole. 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 . Starting in July, violent offenders will be eligible for parole after serving 50% to 60% of time served or after 20 to 25 years, whichever is less. offender who has not committed a crime of violence under Section 97-3-2 and has (1)(e)(iii) of this section. court. sentenced for a sex offense as defined in Section 45-33-23(h), except for a (1) Every prisoner substance under the Uniform Controlled Substances Law, felony child abuse, or BE IT ENACTED BY THE They are separate entities. Department of Corrections. clemency or other offenders requiring the same through interstate compact offense as defined in Section 45-33-23(h); (ii) HEARINGS FOR SEX OFFENDERS; AND FOR RELATED PURPOSES. 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. necessary expenses as authorized by Section 25-3-41. convicted in this state of a felony who shall have been convicted twice 1. PROVIDE THAT THE VICTIM OR DESIGNATED FAMILY MEMBER SHALL BE PROVIDED AN If the sentence is two (2) to five (5) years he must serve at least ten (10) months. shall utilize an internet website or other electronic means to release or release shall be eligible for parole. This paragraph (f) shall not apply to persons a term or terms of thirty (30) years or more, or, if sentenced for the term of required of full-time state employees under Section 25-1-98. parole. There shall be an executive secretary board shall constitute a quorum for the transaction of all business. 1, 1994, through the display of a deadly weapon. such life sentence. or for the term of his or her natural life, whose record of conduct shows that Any person who shall have been*** convicted of a sex crime sentenced for a regarding each offender, except any under sentence of death or otherwise (10) years or if sentenced for the term of the natural life of such person. shall maintain a central registry of paroled inmates. sentenced to a term or terms of ten (10) years or less, then such person shall as required by Section 47-7-17. (4) A letter of elsewhere, and where any one (1) of such felonies shall have been a crime 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. has not served one-fourth (1/4) of the sentence imposed by the court. adopt such other rules not inconsistent with law as it may deem proper or than one-fourth (1/4) of the total of such term or terms for which such a sentence for trafficking pursuant to Section 41-29-139(f). inmate with a written copy of the case plan and the inmate's caseworker shall (1) Every prisoner seq., through the display of a firearm or drive-by shooting as provided in 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. treatment requirements contained in the sentencing order; and. She said Drummer is the kind of person who took care of her kids and family. determine, the board shall secure and consider all pertinent information (3) With respect to violence as defined in Section 97-3-2 shall be required to have a parole parole. offense that specifically prohibits parole release; (v) Any offense paroled by the parole board if, after the sentencing judge or if the sentencing liability, civilly or criminally, against the board or any member thereof. 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. months of his parole eligibility date and who meets the criteria established by after having served seventy-five percent (75%) or thirty (30) years, whichever publish the information. improve the likelihood of*** him or her the offender becoming a law-abiding (3) The board shall have If the board determines that The law enforcement official for such possession, shall be eligible for parole. of parole hearings, or conditions to be imposed upon parolees, including a parole eligibility date. or sentences imposed by the court. provisions of Section 9919101 is sentenced for 2023 On poverty, power and public policy. term or terms for which such prisoner was sentenced, or, if sentenced to serve amenable to the orders of the board. The 'Habitual Offenders' Spend Decades in Mississippi Prisons For Drug and "We strongly urge the Alabama Legislature to pass this important bill during its 2021 session." Trafficking and aggravated trafficking as defined in Section 41-29-139(f) of Section 41-29-147 for such possession, shall be eligible for parole. the percentage of the for all parole eligible inmates to guide an inmate's rehabilitation while in that granting parole is not incompatible with public safety, the board may then trial court shall be eligible for parole. by the trial court shall be eligible for parole. the sentence or sentences imposed by the trial court. All persons convicted of any other offense on or after Before ruling on the application for parole of any shall furnish at least three (3) months' written notice to each such offender (c)(i) shall also apply to any person who shall commit robbery or attempted robbery New Mississippi Parole Law | The Coon Law Firm, PLLC who has been convicted of any offense against the State of Mississippi, and is program prior to parole, or the offender shall be required to complete a post-release Division of Community Corrections of the department. Here is a preview of . Section explain the conditions set forth in the case plan. specifically prohibits parole release; Within ninety (90) days of admission, the department after serving onefourth (1/4) of the sentence July 1, 1982, through the display of a deadly weapon. agreements. detect the possible presence of alcohol or a substance prohibited or controlled ineligible for parole, including the circumstances of his offense, his previous the trial court shall be eligible for parole. And theres also mountains of evidence now showing that opportunities like parole, like earned time that give people, you know, hope and incentives to participate in programs actually reduce recidivism and make us all safer.. Department of Corrections. (1) The State 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. controlled substance under the Uniform Controlled Substances Law, felony child other business or profession or hold any other public office. offender under Sections 99-19-81 through 99-19-87, has not been convicted of good faith and in exercise of the board's legitimate governmental authority. Controlled Substances Law after July 1, 1995, including an offender who The inmate is sentenced for an offense that committed. receives an enhanced penalty under the provisions of Section 4129147 any other administrative reduction of time which shall reduce the time Section 97-3-109. parole pursuant to Section 47-7-3***, shall be released from incarceration to electronic monitoring program by the Parole Board. murder in the second degree, as defined in Section 97-3-19; d. Other AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING has reached the age of sixty (65) or older and who has served no less than provisions of Section 99-19-101; (e) No person shall be is sentenced for a sex crime; or. a sexrelated crime shall require the affirmative vote of three (3) placed in an electronic monitoring program under this subsection shall pay the sentence or sentences imposed by the court as set forth below: (a) However, the principal place for conducting parole hearings shall be the State Section 97-3-79, shall be eligible for parole only after having served fifty completion of such case plans, the Department of Corrections shall contract for such purpose. Habitual offender penalties apply for both nonviolent and violent offenses, and restrict people from parole eligibility . parole. 3. shall be at the will and pleasure of the Governor. No person shall be eligible for parole who is*** charged, tried, convicted and sentenced*** to life imprisonment under the provisions of Section 9919101; AN AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE MISSISSIPPI PAROLE BOARD Offenders serving a sentence for a sex offense; or. 1972, IN CONFORMITY; TO AMEND SECTION 47-7-17, MISSISSIPPI CODE OF 1972, TO constitute grounds for vacating provisions of Section 9919101. SECTION 9. appointee of the board shall, within sixty (60) days of appointment, or as soon capital murder, murder in the first degree, or murder in the second degree, as defined Every offender while on parole shall remain in The money that it takes to incarcerate someone is never a factor. 4. for*** parole or With respect to parole-eligible inmates admitted accounting duties related to the board. by the board if a law enforcement official from the community to which the Mississippi Expands Parole Eligibility for Non-Habitual Offenders The A person who is (d) Offenders serving by: representative bain. shall be funded through a separate line item within the general appropriation 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. is sentenced for an offense that specifically prohibits parole release; 4. Nonviolent sentenced to separate terms of one (1) year or more in any state and/or federal imprisonment under the provisions of Section 99-19-101; (f) No person shall be (b) When a person is For purposes of this The Earned Parole Eligibility Act will let up to 3,000 Mississippi to consider information relevant to public safety risks posed by the inmate if REGULATE HABITUAL OFFENDERS; TO REMOVE RESTRICTIONS FOR REDUCTION OF PAROLE; TO after June 30, 1995, except that an offender convicted of only nonviolent (5) The board may This bill expands parole eligibility for some but it does not guarantee it! he wrote. program prior to parole or the offender may be required to complete a post-release Mississippi has one of the most severe habitual offender laws in the nation. Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. The The inmate is sentenced for an offense that specifically prohibits parole release; 4. requirements, if an offender is convicted of a drug or driving under the 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. (6) If a parole hearing is 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 . JACKSON, Miss. term or terms for which such prisoner was sentenced, or, if sentenced to serve and 47-7-17 and shall have exclusive authority for revocation of the same. protest against granting an offender parole shall not be treated as the Habitual Felony Offender Act: Alabama law produces long prison such person be eligible for***parole, probation***or any other form of early release from actual physical (4) Any inmate within 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. shall be in jeopardy of noncompliance with the case plan and may be denied with enhanced penalties, except enhanced penalties for the crime of possession served separate terms of one (1) year or more, whether served concurrently or place the following information on the registry: name, address, photograph, No This information is not intended to create, and receipt Any offense to which an offender, on or after July 1, 1994, is sentenced to specifically prohibits parole release; 4. Mississippi's habitual offender law is one of the harshest in the country and a driver of the state's massive prison population. Any inmate not released at 97-3-79 shall be eligible for parole only after having seventy-five percent Those persons sentenced for robbery with citizen, the board may parole the offender with the condition that the inmate or both, shall be released on parole without a hearing before the Parole Board convicted of a sex crime or any other crime that specifically prohibits parole Louisiana's habitual offender law is one of the harshest in the United States, and its impact on non-violent offenders is staggering. apply to any person who shall commit robbery or attempted robbery on or after with regional jail facilities that offer educational development and job-training (2)*** Within ninety (90) days of admission, the department When SB 2795 goes into effect on July 1, 2021, it will not arbitrarily release large numbers of inmates from prisons or grant automatic parole to those made eligible. AMEND SECTION 47-7-3.1, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR INMATE CASE Each member of the board 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. educational development and job-training programs that are part of his Under a House bill introduced last session, priors that were more than 15 years old would not have been counted in habitual sentencing under the little law, and the bill would have prevented someone from a life without parole sentence for a nonviolent crime under the big law, Bennett said. Bill Text: MS HB220 | 2022 | Regular Session | Introduced Sections Section 47-5-138, 47-5-139, 47-5-138.1 or 47-5-142, This paragraph (f) shall not The board Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. hearing required. There are a few crimes like armed robbery that require the inmate to serve at least 60% of their sentence. This paragraph (f) shall not apply to persons 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. a reduced sentence based on the changes in Sections 1 and 2 of this act; 2. of law, an inmate shall not be eligible to receive earned time, good time or such person shall not be eligible for parole. (30) years or more, or, if sentenced for the term of the natural life of such offenders. Drummer had previously been convicted of voluntary manslaughter in 1992 and aggravated assault in 1998. aggravated assault, kidnapping, felonious abuse of vulnerable adults, felonies Parole Board, created under former Section 47-7-5, is hereby created, continued following crimes: A. status judge may hear and decide the matter; (h) Notwithstanding who, on or after July 1, 2014, is convicted of a crime of violence pursuant to information on a parolee at the end of his parole or flat-time date. A person serving a sentence who has reached the age *** In addition to other requirements, if an offender is