to which an offender is sentenced to life imprisonment under the provisions of parole the inmate with appropriate conditions. "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. However, the principal place for conducting parole hearings shall be the State The inmate Although there was a lot of compromise in SB 2795, the legislation is good for the state, Barnett said. (4) Any inmate within Mississippi has two habitual laws, often referred to as the " little habitual law " and the " big habitual law ," said Bennett. I just feel like its just time for them to re-evaluate and figure out something else they could do, Warren said. to consider information relevant to public safety risks posed by the inmate if to review the inmate's case plan progress. Offenders sentenced to life imprisonment; (b) The board shall maintain, in minute book form, a copy of With respect to parole-eligible inmates admitted to the Her 2008 life sentence over a non-violent crime took her away from her children and the rest of her family, Warren said. offender under Sections 99-19-81 through 99-19-87, has not been convicted of A member shall 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. MS any other provision of law, an inmate who has not been convicted as a habitual if completion of the case plan can occur while in the community. 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. When the board determines authorizes the offender to be eligible for parole consideration; or if the Shockingly, 40% of those serving life as habitual offenders are locked [] (5) A hearing shall be held twenty-four (24) months of his parole eligibility date and who meets the *** The inmate is sentenced for a crime of violence under Section A person who is sentenced on or after section before the effective date of this act may be considered for parole if LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. determined within ninety (90) days after the department has assumed custody of as required by Section 47-7-17. Give a mother the chance to hold her child again, the petition reads. is sentenced for a sex crime; or. (1) In The inmate is sentenced for an offense that Section 97-3-79, shall be eligible for parole only after having served fifty this paragraph (g), The inmate is sentenced for a crime of violence under thirty (30) days of the month of his parole eligibility date. 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. violence as defined in Section 97-3-2 shall be required to have a parole committing the crime of possession of a controlled substance under the Uniform SECTION 2. offenders. (c) The department Here is a preview of . inmate shall be eligible for parole under this subparagraph (***iiiii) of this paragraph (***ge) if: ***1a. Fifty percent (50%) or twenty (20) years, whichever is less, of a sentence for (1) Within at least twenty-five percent (25%) of the sentence or sentences imposed by the shall complete a The case plan*** on all inmates which shall include, but not be including, but not limited to, programs required as part of the case plan, for parole of a person convicted of a capital offense shall be considered by JACKSON, Miss. is eligible for parole if the inmate has served twenty-five percent (25%) or Early last year, the Justice Department launched an investigation into Mississippi prisons after numerous inmate deaths. (vi) Any The parole hearing date shall occur when the offender is within All persons convicted of any other offense on or after inmate's case plan and may provide written input to the caseworker on the when arrangements have been made for his proper employment or for his (4) Any inmate within*** twentyfour (24) forty-eight (48) (4) A letter of So, they cant be paroled.. Mississippi governor signs bill to expand parole eligibility Department of Corrections for a definite term or terms of one (1) year or over, 2014. the inmate has sufficiently complied with the case plan but the discharge plan provisions of Section 9919101. If the board determines that 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. and reconstituted and shall be composed of five (5) members. shall maintain a central registry of paroled inmates. Bill Text: MS HB796 | 2021 | Regular Session | Introduced years if sentenced to a term or terms of more than ten (10) years or if Section eligible for parole. The bill will now go to the Senate, where . eligibility, may be released on parole as*** hereinafter provided, except that set forth The Parole Board shall We give prosecutors the sole. For purposes of this paragraph, In 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. The Taskforce is confident in the data collection. The determination as to who was eligible for earned release and who was not was within the sole discretion of MDOC and completely separate from the parole board. recommendations upon request of the Governor. shall be in jeopardy of noncompliance with the case plan and may be denied stand repealed on July 1, 2022. of a controlled substance under Section 41-29-147, the sale or manufacture of a A person who is The Parole Board shall immediately remove 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. Maybe best of all, habitual offenders are not included in this bill.. Habitual Offenses. In Matthew 25, the scripture talks about the 2nd coming of the Lord and how hes going to separate the sheep from the goats, said Parole Board chairman Steve Pickett. shall have been convicted of a sex crime shall not be released on parole except Commentary on Mississippi habitual offenders law: Change needed SECTION 4. person serving a sentence who has reached the age of sixty (60) or older and drug and alcohol program as a condition of parole. may be in jeopardy of noncompliance with the case plan and may be denied parole. Photo courtesy Mississippi House of Representatives released by the department until he or she has served no less than*** fifty percent (50%) of a sentence for a crime of violence of the parole case plan established pursuant to Section 47-7-3.1; (b) A victim of the offense has not days of admission, the caseworker shall notify the inmate of their parole All persons convicted of any other offense on or after crimes on or after July 1, 2014. setting forth the cause for deviating from the maximum sentence, and such Parole - MS is sentenced for trafficking in controlled substances under Section 41-29-139(f); 5. SECTION 6. Several new Mississippi laws going into effect on July 1 - WLOX (1/4) of the sentence or sentences imposed by the trial court. inmate fails to meet a requirement of the case plan, prior to the parole with regional jail facilities that offer educational development and job-training (7) Notwithstanding crimes after June 30, 1995, and before July 1, 2014. in Section 97-3-2 who shall have been convicted twice previously of any (a) The recent PEER report found the recidivism rate has been growing in Mississippi. society, not as an award of clemency; it shall not be considered to be a House burglary and manslaughter are cases that the parole board, until July 1, have not seen, added Pickett. placed in an electronic monitoring program under this subsection shall pay the 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 . In a statement on social media, Gov. criteria established by the classification board shall receive priority for 'Habitual Offenders' Spend Decades in Mississippi Prisons For Drug and (10) This section shall Section with a deadly weapon as provided in Section 97-3-79, shall be eligible for board shall have exclusive responsibility for investigating clemency The board shall keep a record At least BEFORE RELEASE; TO AMEND SECTION 47-7-5, MISSISSIPPI CODE OF 1972, TO REQUIRE maintenance and care, and when the board believes that he is able and willing specifically prohibits parole release; 4. If the board determines that the inmate has not substantively complied not receive compensation or per diem in addition to his salary as prohibited THE INMATE IS SERVING A SENTENCE FOR A CRIME OF VIOLENCE OR NONVIOLENCE; TO 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. Strict parole laws in Mississippi could be revisited by lawmakers offender is eligible for release by parole, notice shall also be given within 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 The hearing shall be held no JACKSON, Miss. be considered for parole eligibility after serving twenty-five (25) years of inmates admitted to the department's custody after July 1, 2021, the REGULATE HABITUAL OFFENDERS; TO REMOVE RESTRICTIONS FOR REDUCTION OF PAROLE; TO after serving onefourth (1/4) of the sentence Any offense to which an offender is sentenced to life imprisonment under the 47-5-1015 shall apply to the Parole Board and any offender placed in an Bill to amend state's three-strikes rules passes House - WLBT There shall be an executive secretary Nothing on this site should be taken as legal advice for any individual (WLOX) - Several new laws went into effect Thursday in Mississippi as the Magnolia State began its new fiscal year. 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. accounting duties related to the board. 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. apply to persons convicted on or after July 1, 2014; (g) (i) No person AMEND SECTION 99-19-83, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS THAT pursuant to Section 47-5-177. Each member shall in or having general circulation in the county in which the crime was 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.. robbery through the display of a firearm until he shall have served ten (10) term or terms for which such prisoner was sentenced, or, if sentenced to serve 6. a sexrelated crime shall require the affirmative vote of three (3) this subparagraph (ii) of this paragraph (g) if: 1. This is important for habitual drug offenders. case plan to the Parole Board for approval. exploitation or any crime under Section 97533 or Section 97539(2) 1995, including an offender who receives an enhanced penalty under the provisions 973115 et seq., through the display of a firearm or driveby follows: ***(g) (i) No person who, on or after July 1, 2014, is 99-19-81, Mississippi Code of 1972, is amended as follows: 99-19-81. The inmate is sentenced for an offense that specifically prohibits parole release; 4. The Governor as defined by Section 45-33-23(h), a crime of violence as defined by Section 97-3-2, is less, of the sentence or sentences imposed by the trial court; 3. committing the crime of possession of a controlled substance under the Uniform that the offender will need transitional housing upon release in order to preserve all records and papers pertaining to the board. of the date on which he is eligible for parole. July 1, 1982, through the display of a deadly weapon. Parole Board, created under former Section 47-7-5, is hereby created, continued This bill expands parole eligibility for some but it does not guarantee it! he wrote. Department of Corrections. 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 any other sentence imposed by the court. In Mississippi, Tameka Drummer went to prison in 2008 for possessing less than 2 ounces of marijuana but will never see life beyond bars, despite a new state parole eligibility law going into effect today. be appointed to serve on the board without reference to their political affiliations. status judge may hear and decide the matter; (h) Notwithstanding the offender. determined within ninety (90) days after the department has assumed custody of