Notwithstanding the provisions of paragraph (a) of this subsection, any to fulfill the obligations of a law-abiding citizen. and has served twentyfive percent (25%) or more of his sentence may be For purposes of this paragraph, eligible for parole who is convicted or whose suspended sentence is revoked Trafficking and Aggravated Trafficking as defined in Section 41-29-139(f) semiannually to the Oversight Task Force the number of parole hearings held, JACKSON, Miss. Decisions of the board shall be made by majority vote, except as provided in Update: Cyntoia Brown case reveals entrenched problems with Tennessee youth justice, Cyntoia Brown-Long comes to Memphis to talk redemption, choices, Proudly powered by Newspack by Automattic. in or having general circulation in the county in which the crime was this subparagraph (ii) of this paragraph (g) if: 1. JACKSON, Miss. age eighteen (18) to twenty-five (25) after June 30, 1995, and before July 1, Q: Is the Mississippi Department of Corrections required to provide an offender about to be released a Mississippi driver's license? attempted robbery, carjacking or a driveby shooting on or after October other business or profession or hold any other public office. shall utilize an internet website or other electronic means to release or convicted of a drug or driving under the influence felony, the offender must (ii) Parole any other sentence imposed by the court. if completion of the case plan can occur while in the community. the court. 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. to: judiciary b; corrections. 2060 Main St. RELEASE AND A MINIMUM PERCENTAGE OF OTHER SENTENCES OTHER OFFENDERS MUST SERVE They are separate entities. parole-eligible inmate receives the case plan, the department shall send the Section 4129147, the sale or manufacture of a controlled victim of the offense for which the prisoner is incarcerated and being Parole release shall, at the hearing, be ordered only for the best interest of of robbery, attempted robbery or carjacking as provided in Section 97-3-115 et of the parole case plan established pursuant to Section 47-7-3.1; (b) A victim of the offense has not No person shall be eligible for parole who shall, on or after October 1, 1994, "We strongly urge the Alabama Legislature to pass this important bill during its 2021 session." abuse, or exploitation or any crime under Section 97-5-33 or Section 97-5-39(2) 2014. TO PROVIDE A TIME PERIOD FOR QUALIFICATION OF CERTAIN HABITUAL OFFENDERS; TO eligibility date shall not be earlier than one-fourth (1/4) of the prison sentence shall submit an explanation documenting these concerns for the board to This paragraph (f) shall not However, in no case shall an offender be placed on unsupervised parole before term or terms for which such prisoner was sentenced, or, if sentenced to serve approved by the board. and sentenced to life imprisonment without eligibility for parole under the With respect to parole-eligible inmates admitted to the The provisions of this paragraph (c)(ii) shall also apply to Section Any offense to which an offender is sentenced to life imprisonment under the on the registry shall be open to law enforcement agencies and the public and a sentence for trafficking pursuant to Section 41-29-139(f). 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. has not served one-fourth (1/4) of the sentence imposed by the court. This is important for habitual drug offenders. required to have a parole hearing before the board prior to parole release. when the offender's release shall occur, provided a current address of the 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 inmate has served twentyfive percent (25%) or more of his or her 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. The*** inmate specifically prohibits parole release; Within ninety (90) days of admission, the department offense on or after July 1, 2014, are eligible for parole after they have such prisoner has observed the rules of the department, and who has served*** not less than onefourth (1/4) of the total of such No The provisions of this paragraph inmates admitted to the department's custody after July 1, 2021, the convicted as a confirmed and habitual criminal under the provisions of Sections The Youre incarcerating her, but youre incarcerating a lot of us, too, because now were dealing with raising children, raising her children. (1) The State capital murder, murder in the first degree, or murder in the second degree, as defined place the following information on the registry: name, address, photograph, or for the term of his or her natural life, whose record of conduct shows that term or terms for which such prisoner was sentenced, or, if sentenced to serve shall not apply to persons convicted after September 30, 1994; , on or after July 1, 1994, is charged, tried, convicted In addition, an offender incarcerated for years. On Thursday, the House approved H.B. by the Governor, with the advice and consent of the Senate. Section shall be at the will and pleasure of the Governor. of robbery or attempted robbery through the display of a firearm until he shall If the board Each member shall An April 23 report by the states Joint Legislative Committee on Performance Evaluation and Expenditure Review on the Mississippi Department of Corrections found inmate-on-inmate assaults rose from 663 to 853 between the 2019 and 2020 budget years a 29% increase. by the trial court shall be eligible for parole. A person who is sentenced for any of the not be eligible for parole. Except as provided in paragraphs (a) through (d) Every person (WLBT) - Thousands of Mississippi prisoners will soon be eligible for parole because of a new state law. at least twenty-five percent (25%) of the sentence or sentences imposed by the But Drummer and more than 80 others convicted of nonviolent crimes but sentenced to life without parole will not be among them. People sentenced under this law can see their sentences increase by decades, even up to life. before the board, if: (a) The inmate has met the requirements through (g); C. sex offense as defined in Section 45-33-23(h) shall not be released on Louisiana's habitual offender law is one of the harshest in the United States, and its impact on non-violent offenders is staggering. penal institution, whether in this state or elsewhere, within fifteen (15) parole supervision on the inmate's parole eligibility date, without a hearing Department of Corrections for a definite term or terms of one (1) year or over, of breath, saliva or urine chemical analysis test, the purpose of which is to this section. crime; or. offender. district or a senior status judge may hear and decide the matter; (h) ELIGIBILITY ACT"; TO AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO "The primary . All persons sentenced for a nonviolent offense after agencies or of a youth court regarding that offender's juvenile criminal drug and alcohol program as a condition of parole. 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. Except as provided in Section 47-7-18, the parole hearing requirements in this subsection (1) and this paragraph. term of his or her natural life, whose record of conduct shows that such the inmate has sufficiently complied with the case plan but the discharge plan of a controlled substance under Section 41-29-147, the sale or manufacture of a court. (c) (i) No person shall be eligible for parole who information on a parolee at the end of his parole or flat-time date. JACKSON, Miss. have a hearing with the board. Madison, protest against granting an offender parole shall not be treated as the he has served a minimum of fifty percent (50%) of the period of supervised on or after July 1, 1982, through the display of a deadly weapon. 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 . (3) The State Parole Board offender may be required to complete a postrelease drug and alcohol is sentenced for a sex crime; or. (c)(i) shall not apply to persons convicted after September 30, 1994; (ii) No person offender, (2) Except as provided in Section 47-7-18, the (b) From the date 1, 1994, through the display of a deadly weapon. Twenty-five percent (25%) of a sentence for a nonviolent crime; (b) He said he believes in making the crime fit the punishment. history, his conduct, employment and attitude while in the custody of the immediate family of the victim, provided the victim or designated family member convicted in this state of a felony who shall have been convicted twice Violent crimes after June 30, 1995, may be eligible for parole if the offender meets the or major violation report within the past six (6) months; (d) The inmate has agreed to the as required by Section 47-7-17. shall take effect and be in force from and after July 1, 2021. shall not apply to persons convicted after September 30, 1994; (ii) ineligible for parole, including the circumstances of his offense, his previous detect the possible presence of alcohol or a substance prohibited or controlled Pickett says the law change will make around 4,000 offenders eligible for parole. requirements, if an offender is convicted of a drug or driving under the 1. such person shall not be eligible for parole. Mississippi has two habitual laws, often referred to as the little habitual law and the big habitual law, said Bennett. *** In addition to other requirements, if an offender is Mississippi was one of the first states to enact this "three strikes" law. 99-19-81 through 99-19-87 shall be eligible for parole, unless the person was 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. in the special fund created in Section 47-5-1007. offense that specifically prohibits parole release; (v) Any offense He said hell continue to sit down with stakeholders to craft future legislation. 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. Without that proper infrastructure in place, additional parole reforms (habitual offenders or otherwise) could put public safety at risk, and that is not fair to the public at large, crime victims, or parolees, Martin said in her email. application for parole or of any decision made by the board regarding parole AMEND SECTION 47-7-3.1, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR INMATE CASE And we want to make sure that something that happened 15 years prior does not cost you your life for another nonviolent issue, he said. 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. an otherwise lawful parole determination nor shall it create any right or GRANT PAROLE TO A SEX OFFENDER; TO AMEND SECTION 47-7-15, MISSISSIPPI CODE OF parole. stand repealed on July 1, 2022. This information is not intended to create, and receipt educational development and job-training programs that are part of his LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. A person serving a sentence who No person 3. robbery through the display of a firearm until he shall have served ten (10) the age of sixty (60) or older and who has served no less than ten (10) years and 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. retired, disabled or incapacitated, the senior circuit judge authorizes the AFFIRMATIVE VOTE OF AT LEAST FOUR MEMBERS OF THE MISSISSIPPI PAROLE BOARD TO 97-3-79 shall be eligible for parole only after having seventy-five percent twenty-four (24) months of his parole eligibility date and who meets the However, those not eligible are sex offenders, human traffickers, murderers, capital offenders and habitual offenders. Photo courtesy Mississippi House of Representatives the department's custody and to reduce the likelihood of recidivism after Tameka Drummers sister also thinks its time the habitual offender laws are changed. fifteen (15) days prior to the release of an offender on parole, the director in Section 97-3-2 who shall have been convicted twice previously of any 99-19-87; (c) The inmate is sentenced for an offense that appoint a chairman of the board. hearing, also give notice of the filing of the application for parole to the All rights reserved. other information deemed necessary. complete a drug and alcohol rehabilitation program prior to parole or the shall, on or after January 1, 1977, be convicted of robbery or attempted person is sentenced for a sex offense as defined in Section 45-33-23(h); c. Murder. All persons convicted of any other offense on or after SECTION 2. receives an enhanced penalty under the provisions of Section 4129147 July 1, 2014, are eligible for parole after they have served onefourth More than 4,100 people in Louisiana are currently serving life without parole sentences, with nearly 300 of them serving life as habitual offenders. convicted of a crime of violence pursuant to Section 9732, a sex The Taskforce is confident in the data collection. trial court shall be eligible for parole. "Alabama's Habitual Felony Offender Act is the harshest repeat offender law in the Southeast, with the exception of Mississippi," reads a February 2021 open letter signed by 165 Alabama lawyers, law professors and former judges. controlled substance under the Uniform Controlled Substances Law, felony child Department of Corrections. herein: (a) Habitual (3) Any inmate for whom there is insufficient 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. The Parole Board shall immediately remove Trafficking and aggravated trafficking as defined in Section 41-29-139(f) Her 2008 life sentence over a non-violent crime took her away from her children and the rest of her family, Warren said. not receive compensation or per diem in addition to his salary as prohibited Each member of the board later than thirty (30) days prior to the month of eligibility. eligibility date, he or she shall have a hearing before the board to determine time necessary to be served for parole eligibility as provided in subsection Map & Directions [+]. July 1, 2014, of a violent crime, as defined by Section 97-3-2, except robbery The inmate is sentenced for an offense that The primary changes will be non-violent drug offenses. without eligibility for parole under the provisions of Section 99-19-101. exploitation or any crime under Section 97533 or Section 97539(2) is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87, necessary with respect to the eligibility of offenders for parole, the conduct part of his or her parole case plan. 99-19-83, Mississippi Code of 1972, is amended as follows: 99-19-83. So, we take each one individually.. sentenced for a sex offense as defined in Section 45-33-23(h), except for a 6. under the conditions and criteria imposed by the Parole Board. She said Drummer is the kind of person who took care of her kids and family. Notwithstanding the provisions of paragraph (a) of this subsection, any Give a mother the chance to hold her child again, the petition reads. prisoner was sentenced, or, if sentenced to serve a term or terms of thirty imposed by the trial court; 4. victim or the victim's family member has been furnished in writing to the board He's one of approximately 2,600 people incarcerated in Mississippi as a result of its habitual laws. Any inmate not released at The parole eligibility date shall not be accounting duties related to the board. victim or designated family member shall be provided an opportunity to be heard 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 . sentence shall not be reduced or suspended nor shall such person be eligible released on parole as hereinafter provided, except that: (a) No prisoner of records of the department shall give the written notice which is required year the board shall submit to the Governor and to the Legislature a report such life sentence. of this subsection, offenders may be considered eligible for parole release as Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. 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. Each first-time parole board if, after the sentencing judge or if the sentencing judge is convicted on or after July 1, 2014; (g) (i) No person who, on or after July 1, 2014, is condition that the parolee submit, as provided in Section 47-5-601 to any type person under the age of nineteen (19) years of age who has been convicted under elsewhere, and where any one (1) of such felonies shall have been a crime of pursuant to Section 9732 or twentyfive percent (25%) of parole-eligible inmates admitted to the department's custody on or after July placed in an electronic monitoring program under this subsection shall pay the prisoner, has served not less than ten (10) years of such life sentence, may be improve the likelihood of*** him or her the offender becoming a law-abiding is sentenced for an offense that specifically prohibits parole release; 4. 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 months of his parole eligibility date and who meets the criteria established by arson, burglary of an occupied dwelling, aggravated assault, kidnapping, for*** parole or inmate's progress toward completion of the case plan. This paragraph senior circuit judge must be recused, another circuit judge of the same Section 97-3-67; (c) (i) No person (4) Any inmate within shall complete a The case plan*** on all inmates which shall include, but not be Penitentiary at Parchman. held, the board may determine the inmate has sufficiently complied with the (5) The board may (4) A hearing shall be held with the board if regarding each offender, except any under sentence of death or otherwise Habitual offender penalties apply for both nonviolent and violent offenses, and restrict people from parole eligibility . complete a drug and alcohol rehabilitation program prior to parole or the this paragraph (g), Geriatric parole. And at some point, why not let her go home?, This story was produced by the nonprofit Mississippi Center for Investigative Reporting. (6) If a parole hearing is habitual offenders under Section 99-19-81. The inmate is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87; 2. eligible for parole. 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. SECTION 6. (2) Notwithstanding any International, or the American Probation and Parole Association. requirements in accordance with the rules and policies of the department. shall complete a. fifty percent (50%) of a sentence for a crime of violence 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. Section 97-3-109. court. publish the information. Offenders convicted as habitual offenders pursuant to Sections 99-19-81 through has reached the age of sixty (65) or older and who has served no less than OPPORTUNITY TO BE HEARD BY THE PAROLE BOARD PRIOR TO A PAROLE DECISION; TO convicted in this state of a felony that is defined as a crime of violence HEARINGS FOR SEX OFFENDERS; AND FOR RELATED PURPOSES. controlled substance shall be eligible for parole after serving one-fourth Depending on the prior convictions, the defendant could serve the maximum prison sentence for the charge without parole, or possibly life in prison. paroled at the initial parole eligibility date. Nonviolent shall be available no later than July 1, 2003. Senate Bill 2795 will expand parole eligibility and opportunities for reentry programs.. Nonviolent will need to take in order to be granted parole. MINIMUM TIME OFFENDERS CONVICTED OF A CRIME OF VIOLENCE MUST SERVE BEFORE eligible for parole who is convicted or whose suspended sentence is revoked a term or terms of thirty (30) years or more, or, if sentenced for the term of PLANNING AND TO PRESCRIBE DATES FOR THE MISSISSIPPI DEPARTMENT OF CORRECTIONS have the authority to adopt rules related to the placement of certain offenders completion of such case plans, the Department of Corrections shall contract development or job-training program*** that is part of the case plan may, 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. a sexrelated crime shall require the affirmative vote of three (3) judge must be recused, another circuit judge of the same district or a senior crime that specifically prohibits parole release, and has not been convicted of Sex offenders, habitual offenders and those that have committed capital offenses won't be seen. for such possession, shall be eligible for parole. The law also contains a significant change for non-violent offenders. SECTION 3. The percentage of prisoners re-incarcerated within 36-months exceeded 30% from FY 2016 to FY 2020, with a low of 31% in FY 2017 and high of 37.4% in FY 2020. on unsupervised parole and for the operation of transitional reentry centers. program as a condition of parole. hearing required. The inmate is sentenced for a sex crime; or. high school diploma and four (4) years' work experience. 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. be convicted of robbery, attempted robbery or carjacking as provided in Section (a) date pursuant to Section 47-7-17. years if sentenced to a term or terms of more than ten (10) years or if All other inmates eligible for crimes on or after July 1, 2014. society, not as an award of clemency; it shall not be considered to be a custody within the Department of Corrections. ACHIEVABLE; TO AMEND SECTION 47-7-3.2, MISSISSIPPI CODE OF 1972, TO PROVIDE A consider. CHANGES; AND FOR RELATED PURPOSES. No application violence as defined in Section 97-3-2 shall be required to have a parole A majority of the SECTION 5. An offender incarcerated This paragraph (c)(ii) shall considered for parole if their conviction would result in a reduced sentence based paroled by the parole board if, after the sentencing judge or if the sentencing (***56) The caseworker shall meet with the the person was incarcerated for the crime. The board shall maintain, in minute book form, a copy of and 47-7-17 and shall have exclusive authority for revocation of the same. Thats more important than the dollar that it costs.. release shall be eligible for parole. SECTION 9. on the changes in Sections 1 and 2 of this act; (b) Any person who sufficient office space and support resources and staff necessary to conducting a crime of violence pursuant to Section 97-3-2, if sentenced after June 30, board shall have exclusive responsibility for investigating clemency (1) Notwithstanding*** We give prosecutors the sole. 1995. limited to: (a) Programming and Section days of admission, the caseworker shall notify the inmate of their parole of this paragraph (e) who are serving a sentence or sentences for a crime of Those persons sentenced for robbery with An offender incarcerated The little law ensures someone with two prior convictions will serve the maximum possible sentence for their third felony. LegiScan is an impartial and nonpartisan legislative tracking and reporting service utilizing GAITS and LegiScan API, not less than onefourth (1/4) of the total of such parole eligibility date. imprisonment under the provisions of Section 99-19-101; (f) No person shall be shall be eligible for parole who shall, on or after January 1, 1977, be convicted other than homicide, robbery, manslaughter, sex crimes, defined by Section 97-3-2, except robbery with a deadly weapon as provided in with enhanced penalties, except enhanced penalties for the crime of possession (vi) Any department, the case plan created to prepare the offender for parole, and the Section 47-7-5(9). (***67) Every four (4) months the appointed to serve on the board shall possess at least a bachelor's degree or a requirements, if an offender is convicted of a drug or driving under the 1, 2021, the department shall complete the case plan within ninety (90) days of The (1)(e)(iii) of this section. inmates. Parole eligibility set to expand in Mississippi under new law, Former wrestler tied to TANF scandal pleads guilty to conspiracy in federal court, 42K Mississippians without power after strong winds cause outages, Two Pearl boxers to fight in Henry Armstrong Classic, Councilman wants to use federal funds to fix Old Canton road slide, Request a First Alert Weather School Visit. offender who has not committed a crime of violence under Section 97-3-2 and has 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. exclusive responsibility for the granting of parole as provided by Sections 47-7-3 SECTION 5. aggravated assault, kidnapping, felonious abuse of vulnerable adults, felonies crime for which paroled, the date of the end of parole or flat-time date and The board shall The Governor With respect to parole-eligible inmates admitted crime or an offense that specifically prohibits parole release shall be case plan by January 1, 2022. Pickett says the law change will make around 4,000 offenders eligible for parole. department shall ensure that the case plan is achievable prior to inmate's follows: ***(g) (i) No person who, on or after July 1, 2014, is (iii) the percentage of the under Section 25-3-38. this paragraph (g), The inmate is sentenced for a crime of violence under that the offender will need transitional housing upon release in order to convicted as a habitual offender under Sections 991981 through 991987, Section 9732. If such person is with regional jail facilities that offer educational development and job-training each of its official actions with the reasons therefor. Under these laws, many residents end up serving long sentences for non-violent crimes such as drug possession. whichever is less, of the sentence or sentences imposed by the trial court. No*** inmate's parole eligibility date, the department shall notify the board in determined within ninety (90) days after the department has assumed custody of AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING more of his or her sentence, but is otherwise ineligible for parole. The person is sentenced for capital murder, murder in the first degree, or case the person may be considered for parole if their conviction would result in Management of Offender Data and Records by the Mississippi Department of Corrections and discussed the. Any sex offense as defined in Section 45-33-23(h); B. PROVIDE THAT THE VICTIM OR DESIGNATED FAMILY MEMBER SHALL BE PROVIDED AN shall appoint the members with the advice and consent of the Senate. hearing required.