Any inmate refusing to participate in an educational
Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. through (g); (iii) Human
47-7-13, Mississippi Code of 1972, is amended as follows: 47-7-13. department shall electronically submit a progress report on each parole-eligible
murder in the second degree, as defined in Section 97-3-19; d. Other
for committing the crime of sale or manufacture of a controlled substance. a sexrelated crime shall require the affirmative vote of three (3)
The provisions of this paragraph
prisoner was sentenced, or, if sentenced to serve a term or terms of thirty
No person shall be eligible for parole who shall, on or after October 1, 1994,
for parole of a person convicted of a capital offense shall be considered by
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. (4) A letter of
and staff, shall be immune from civil liability for any official acts taken in
of parole hearings, or conditions to be imposed upon parolees, including a
And not all are eligible we were able to ensure 1st and 2nd degree murderers cant get it. offense as defined in Section 45-33-23(h); (ii)
Mississippi has two habitual laws, often referred to as the " little habitual law " and the " big habitual law ," said Bennett. parole only after having served fifty percent (50%) or thirty (30) years,
Upon determination by the board that an
department, the case plan created to prepare the offender for parole, and the
(***iiiii)*** Notwithstanding the provisions in subparagraph (i) of
(1/4) of the sentence imposed by the trial court. program prior to parole or the offender may be required to complete a post-release
not, in any state and/or federal penal institution, whether in this state or
Brown is challenging the state's habitual offender law that ensured she would receive life without parole before the U.S. Supreme Court, which will decide what action to take on the case. be appointed to serve on the board without reference to their political affiliations. to: judiciary b; corrections. admission. 4129139(f); 5. of the date on which he is eligible for parole. of a controlled substance under Section 41-29-147, the sale or manufacture of a
1. contained in this section shall apply retroactively from and after July 1,
TO GRANT PAROLE TO AN INMATE CONVICTED OF A CRIME OF VIOLENCE AFTER JUNE 30,
This paragraph (c)(i)
this section. served one-fourth (1/4) of the sentence or sentences imposed by the trial
parole. imposed by the trial court. have a hearing with the board. However, those not eligible are sex offenders, human traffickers, murderers, capital offenders and habitual offenders. stand repealed on July 1, 2022. With respect to parole-eligible inmates admitted to the
placed on parole, the Parole Board shall inform the parolee of the duty to
nonhabitual offenders. that granting parole is not incompatible with public safety, the board may then
Mississippi has two habitual laws, often referred to as the little habitual law and the big habitual law, said Bennett. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. offender is eligible for release by parole, notice shall also be given within
99-19-81, Mississippi Code of 1972, is amended as follows: 99-19-81. Section
more of his or her sentence, but is otherwise ineligible for parole. More than 4,100 people in Louisiana are currently serving life without parole sentences, with nearly 300 of them serving life as habitual offenders. be convicted of robbery, attempted robbery or carjacking as provided in Section
Trafficking and Aggravated Trafficking as defined in Section 41-29-139(f)
have the authority to adopt rules related to the placement of certain offenders
victim of the offense for which the prisoner is incarcerated and being
Section 97-3-109. Thats more important than the dollar that it costs.. specifically prohibits parole release; 4. when the offender's release shall occur, provided a current address of the
And at some point, why not let her go home?, This story was produced by the nonprofit Mississippi Center for Investigative Reporting. not be eligible for parole. before the board, if: (a) The inmate has met the requirements
(d) Offenders serving
parole-eligible inmate receives the case plan, the department shall send the
This act
retired, disabled or incapacitated, the senior circuit judge authorizes the
A member shall
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 spends no more than six (6) months in a transitional reentry center. However, if one of those felonies is for a violent crime, the big law ensures someone who has two priors will be sentenced to life without parole on their third felony. (b) When a person is
The Governor
through (g); C.
aggravated assault, kidnapping, felonious abuse of vulnerable adults, felonies
(2) At least thirty (30) days prior to an
Mississippi has one of the highest rates of incarceration in the country. on the registry shall be open to law enforcement agencies and the public and
not receive compensation or per diem in addition to his salary as prohibited
paroled at the initial parole eligibility date. percent (50%) or twenty (20) years, whichever is less, of the sentence or
2060 Main St. Nonviolent
parole pursuant to Section 47-7-3***, shall be released from incarceration to
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. in Section 97-3-19; (***ed) Other crimes ineligible for
(d) Records maintained
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. I just feel like its just time for them to re-evaluate and figure out something else they could do, Warren said. The
previously of any felony or federal crime upon charges separately brought and
persons who are or have been confined therein. at least four (4) members of the Parole Board shall be required to grant parole
with regional jail facilities that offer educational development and job-training
fifteen (15) years and at least twenty-five percent (25%) of the sentence or
shall have been convicted of a sex crime shall not be released on parole except
1995. shall complete a The case plan*** on all inmates which shall include, but not be
This paragraph (c)(ii) shall not apply to persons convicted after July 1, 2014; (d) No person shall be
GRANT PAROLE TO A SEX OFFENDER; TO AMEND SECTION 47-7-15, MISSISSIPPI CODE OF
At least
shall be eligible for parole who***, on or after July 1, 1994, is charged, tried, convicted
(1/4) of the sentence or sentences imposed by the trial court. section, fifteen (15) years shall be counted: (a) From the date
a term or terms of thirty (30) years or more, or, if sentenced for the term of
person under the age of nineteen (19) years of age who has been convicted under
the offender. Early last year, the Justice Department launched an investigation into Mississippi prisons after numerous inmate deaths. adopt an official seal of which the courts shall take judicial notice. shall not apply to persons convicted after September 30, 1994; (ii)
In addition to other
court. requirements in this subsection (1) and this paragraph. 47-7-3.2, Mississippi Code of 1972, is amended as follows: 47-7-3.2. For purposes of this
They will go in front of the Parole Board, which is appointed by the governor, and the Parole Board will make the final decision. People sentenced under this law can see their sentences increase by decades, even up to life. 47-7-15, Mississippi Code of 1972, is amended as follows: 47-7-15. the inmate has sufficiently complied with the case plan but the discharge plan
Section 47-7-5(9). such life sentence the minimum required time for parole
This paragraph (f) shall not apply to persons
department which are employed by or assigned to the board shall work under the
There are still some things that have to be worked on, but Im just glad we were able to at least start the process, said Barnett. shall be eligible for parole who shall, on or after October 1, 1994, be convicted
a sentence for trafficking pursuant to Section 41-29-139(f). This information is not intended to create, and receipt with a deadly weapon as provided in Section 97-3-79, shall be eligible for
Notwithstanding any other provision of law, an inmate who has not been
shall complete a. fifty percent (50%) of a sentence for a crime of violence
An
796, which amends the state's habitual offender laws, commonly referred to as the "three strikes laws.". convicted of a sex crime or any other crime that specifically prohibits parole
appoint a chairman of the board. A decision to parole an offender convicted of murder or
parolees released after a hearing. electronic monitoring program by the Parole Board. Pickett says the law change will make around 4,000 offenders eligible for parole. A majority of the
amenable to the orders of the board. Each first-time
convicted of a drug or driving under the influence felony, the offender must
(2)*** Within ninety (90) days of admission, the department
(3) The board shall have
released on parole as hereinafter provided, except that: (a) No prisoner
percent (25%) of the sentence; 2. conditions of supervision; and. ELIGIBILITY ACT"; TO AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO
convicted on or after July 1, 2014; not designated as a crime of
a deadly weapon as defined by Section 97-3-79 shall be eligible for parole only
inmates. (7) (a) The Parole Board
Section 631130(5). as practical, complete training for first-time Parole Board members developed
Tate Reeves cited exclusion of parole eligibility for habitual offenders as one of SB 2795s strengths. of this paragraph (e) who are serving a sentence or sentences for a crime of
sentenced to separate terms of one (1) year or more in any state and/or federal
after June 30, 1995, except that an offender convicted of*** only nonviolent crimes any crime after
She noted the choice of year, 1995, was when the state first abolished parole, which legislation like 2795 has since slowly been aimed at reopening. The Mississippi Center for Public Policy a conservative, limited government advocacy group also wrote of Drummer last summer that At the end of the day, we are not safer because Drummer is in prison for the rest of her life, her children are not better off by being raised by someone other than their mother, and taxpayer money could certainly be better invested in something else., Reeves said at a news conference last summer that he wasnt considering a pardon for Drummer and didnt know all the facts of the case., Asked if there were any updates on his position, Martin responded in her June 11 email that to my knowledge, Governor Reeves is not considering any pardons at this time., Warren doesnt understand why her sister is still in prison: You have rehabilitated her. maintenance and care, and when the board believes that he is able and willing
We know that long sentences with no ability to earn parole or any type of release is devastating for people, its devastating for their families, Bennett said. 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. Section 97-3-67. to fulfill the obligations of a law-abiding citizen. Q: Is the Mississippi Department of Corrections required to provide an offender about to be released a Mississippi driver's license? Fifty percent (50%) or twenty (20) years, whichever is less, of a sentence for
The parole eligibility date for violent
No person shall be eligible for parole who is*** charged, tried, convicted and sentenced*** to life imprisonment under the provisions of Section 9919101;
Before ruling on the application for parole of any
program as a condition of parole. 1995, and before July 1, 2014, except for robbery with a deadly weapon; (c)
felonious abuse of vulnerable adults, felonies with enhanced penalties, except
The law also mandates that violent offenders must have a parole hearing before being released. All rights reserved. committing the crime of possession of a controlled substance under the Uniform
of this subsection, offenders may be considered eligible for parole release as
(7) Notwithstanding
Each member shall
condition that the parolee submit, as provided in Section 47-5-601 to any type
programs to facilitate the fulfillment of the case plans of parole-eligible
separate incidents at different times and who shall have been sentenced to and
robbery through the display of a firearm until he shall have served ten (10)
The board shall, within thirty (30) days prior to the scheduled
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. case plan by January 1, 2022. 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. 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. hearing before the Parole Board under Section 47-7-17 before parole release. 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. parole. imposed by the trial court. AN AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE MISSISSIPPI PAROLE BOARD
agreements. Mississippi was one of the first states to enact this "three strikes" law. (***32) The State Parole Board shall, by
conclusive and only reason for not granting parole. Section
years. the time of the inmate's initial parole date shall have a parole hearing at
All persons convicted of any other offense on or after
No person
immediate family of the victim, provided the victim or designated family member
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 . explain the conditions set forth in the case plan. 3. to life imprisonment under the provisions of Section 9919101; In addition to other requirements, if an offender is
is sentenced for trafficking in controlled substances under Section 41-29-139(f); 5. Decisions of the board shall be made by majority vote, except as provided in
least every year, except inmates sentenced for a crime of violence, as
If the board
Her 2008 life sentence over a non-violent crime took her away from her children and the rest of her family, Warren said. Every person
crimes after June 30, 1995, may be eligible for parole if the offender meets the
criteria established by the classification board shall receive priority for
for a person under the age of nineteen (19) who has been convicted under
other information deemed necessary. case the person may be considered for parole if their conviction would result in
AN ACT TO AMEND SECTION 99-19-81, MISSISSIPPI CODE OF 1972,
controlled substance under the Uniform Controlled Substances Law, felony child
Every person
shall be eligible for parole; (b) Sex
a reduced sentence based on the changes in Sections 1 and 2 of this act; 2. require a parole-eligible offender to have a hearing as required in this
An offender incarcerated
99-19-87; (c)
that the person was physically released from incarceration for the crime, if
A person serving a sentence who
by the board before the board makes a decision regarding release on parole. Section 97-3-2, a sex crime or an offense that specifically prohibits parole
If such person is
addition, an offender incarcerated for committing the crime of possession of a
robbery through the display of a firearm until he shall have served ten (10)
required to have a parole hearing before the board prior to parole release. The Governor shall
years shall be sentenced to the maximum term of imprisonment prescribed for
However, in no case shall an offender be placed on unsupervised parole before
sentenced for a sex offense as defined in Section 45-33-23(h), except for a
the percentage of 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. treatment requirements contained in the sentencing order; and. This was commonly referred to as good time and was completely distinct from parole. crimes ineligible for parole. substance under the Uniform Controlled Substances Law, felony child abuse, or
The little law ensures someone with two prior convictions will serve the maximum possible sentence for their third felony. eligibility date, he or she shall have a hearing before the board to determine
date pursuant to Section 47-7-17. 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. (vi) Any
Department of Corrections. offender, (2) Except as provided in Section 47-7-18, the
In 2021, the governor of Mississippi Tate Reeves signed a new bill into law that should counteract these habitual offender laws. (6) If a parole hearing is
determined within ninety (90) days after the department has assumed custody of
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. Each member of the board
Senate Bill 2795 will expand parole eligibility and opportunities for reentry programs.. who, on or after July 1, 2014, is convicted of a crime of violence pursuant to
for any of the following crimes: (i) Any sex
Sections Section 47-5-138, 47-5-139, 47-5-138.1 or 47-5-142,
has furnished in writing a current address to the board for such purpose. trafficking as defined in Section 97-3-54.1; (iv) Any
provisions of Section 99-19-101; or. The inmate is sentenced for a sex crime; or. to review the inmate's case plan progress. treatment requirements based on the results of a risk and needs assessment; (b) Any programming or
(4) Any inmate within
probation. BE IT ENACTED BY THE
2023 On poverty, power and public policy. All terms
Section
shall maintain a central registry of paroled inmates. "The primary . "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. Any offense to which an offender, on or after July 1, 1994, is sentenced to
adopt such other rules not inconsistent with law as it may deem proper or
The "little" law ensures someone with two prior convictions will serve the maximum possible sentence for their third felony. The inmate
F.
or both, shall be released on parole without a hearing before the Parole Board
habitual offenders under Section 99-19-81. semiannually to the Oversight Task Force the number of parole hearings held,
judge is retired, disabled or incapacitated, the senior circuit judge
Section 97-3-67; (c) (i) No person
Louisiana's habitual offender law is one of the harshest in the United States, and its impact on non-violent offenders is staggering. The inmate is sentenced for trafficking in controlled substances under Section
necessary expenses as authorized by Section 25-3-41. 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.. Any vacancy shall be filled
crime or an offense that specifically prohibits parole release shall be
such felony unless the court provides an explanation in its sentencing order
paragraph (c)(ii) shall also apply to any person who shall commit robbery,
committing a crime of violence, as defined under Section 97-3-2, has not been
the trial court shall be eligible for parole. any other administrative reduction of time which shall reduce the time
Section 99-19-101. publish the information. SECTION 8. The parole eligibility date shall not be
Section 9732 Sex offenses. sentenced for the term of the natural life of such person. any person who shall commit robbery, attempted robbery, carjacking or a drive-by
pursuant to Section 47-5-177. seq., through the display of a firearm or drive-by shooting as provided in
case plan to the Parole Board for approval. crime that specifically prohibits parole release, and has not been convicted of
Habitual offender sentence under 99-19-81 or 99-19-83 must serve his sentence day for day. and sentenced to life imprisonment without eligibility for parole under the
Conservative nonprofit advocacy group Empower Mississippi celebrated the signing of the bill, with President Russ Latino saying in a statement posted to its website that signing the bill into law should be seen as a signal to the Department of Justice that we are prepared to get our own house in order, without costly federal intervention. This bill expands parole eligibility for some but it does not guarantee it! he wrote. In
the sentence or sentences imposed by the trial court. such prisoner has observed the rules of the department, and who has served*** not less than onefourth (1/4) of the total of such
at least twenty-five percent (25%) of the sentence or sentences imposed by
After the veto last year, he said he reached out to parties, including the Governors Office, that had a problem with the previous bill to collectively craft the legislation, something he said he thinks made the difference in getting this bill passed. appointee of the board shall, within sixty (60) days of appointment, or as soon
after serving onefourth (1/4) of the sentence
provisions of Section 99-19-101; (e) No person shall be
Parole Board, created under former Section 47-7-5, is hereby created, continued
the person's sentence would have been parole eligible before the date on which
members. 2014. (3) With respect to
department shall ensure that the case plan is achievable prior to inmate's
parole under this subsection shall be required to have a parole hearing before
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