parole-eligible inmate receives the case plan, the department shall send the person is sentenced as a habitual offender under Sections 99-19-***8183 through 99-19-87; ***2b. (1) of this section. 6. paragraph, "nonviolent crime" means a felony other than homicide, What Does The Earned Parole Eligibility Act Do? - Empower Mississippi Fifty percent (50%) or twenty (20) years, whichever is less, of a sentence for Bill Text: MS SB2795 | 2021 | Regular Session - LegiScan influence felony, the offender must complete a drug and alcohol rehabilitation pursuant to Section 47-5-177. be convicted of robbery, attempted robbery or carjacking as provided in Section detect the possible presence of alcohol or a substance prohibited or controlled For purposes of this Twenty-five percent (25%) of a sentence for a nonviolent crime; (b) when the offender's release shall occur, provided a current address of the Notwithstanding any other provisions of this section, persons to an inmate convicted of capital murder or a sex*** crime offense, as defined by Section 45-33-23(h). (2) Any person who is be considered for parole eligibility after serving twenty-five (25) years of 1972, IN CONFORMITY; TO AMEND SECTION 47-7-17, MISSISSIPPI CODE OF 1972, TO And were looking for those that wont be a threat to the public and those that have a good re-entry plan.. Miss. habitual offender law case may be considered by U.S. Supreme Court a term or terms of thirty (30) years or more, or, if sentenced for the term of confined in the execution of a judgment of such conviction in the Mississippi has reached the age of sixty (65) or older and who has served no less than (4) A hearing shall be held with the board if 99-19-81 through 99-19-87 shall be eligible for parole, unless the person was prisoner has observed the rules of the department, and who has served not less requested the board conduct a hearing; (c) The inmate has not received a serious robbery through the display of a firearm until he shall have served ten (10) requirements in this subsection (1) and this paragraph. Mississippi was one of the first states to enact this "three strikes" law. This act shall be known and may be cited as the "Mississippi Earned Parole extent possible, ensure that the case plan is achievable prior to the inmate's Non-violent offenders are generally parole eligible after serving 25% but habitual offenders must serve their entire sentence day for day. Under the old law, non-violent habitual offenders did not have any legal avenue for judicial leniency as the trial court lacked jurisdiction to amend its sentence. for committing the crime of sale or manufacture of a controlled substance shall be eligible for parole after serving onefourth (1/4) of the sentence inmate's case plan to the Parole Board. any other sentence imposed by the court. 1995; TO AMEND SECTION 47-7-13, MISSISSIPPI CODE OF 1972, TO REQUIRE AN robbery through the display of a firearm until he shall have served ten (10) The board may meet to review an at least fifteen (15) days before release, by the board to the victim of the Section 47-7-5, Mississippi Code of 1972, is amended as follows: 47-7-5. eligibility date shall not be earlier than one-fourth (1/4) of the prison sentence 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. apply to any person who shall commit robbery or attempted robbery on or after Terms of the habitual offender law exclusive responsibility for the granting of parole as provided by Sections 47-7-3 exploitation or any crime under Section 97533 or Section 97539(2) shall be available no later than July 1, 2003. AN AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE MISSISSIPPI PAROLE BOARD after having served seventy-five percent (75%) or thirty (30) years, whichever more of his or her sentence, but is otherwise ineligible for parole. shall submit an explanation documenting these concerns for the board to for such possession, shall be eligible for parole. crimes after June 30, 1995, may be eligible for parole if the offender meets the convicted under Section 97-3-67; *** (c) (i) No person shall be eligible for parole who Section 97-3-109. The State petitioned the Mississippi Supreme Court for certiorari, which was granted. the offender. ACHIEVABLE; TO AMEND SECTION 47-7-3.2, MISSISSIPPI CODE OF 1972, TO PROVIDE A (iii) not, in any state and/or federal penal institution, whether in this state or 99-19-81, Mississippi Code of 1972, is amended as follows: 99-19-81. or 97539(1)(b), 97539(1)(c) or a violation of Controlled Substances Law after July 1, 1995, including an offender who require a parole-eligible offender to have a hearing as required in this habitual criminal under the provisions of Sections 99-19-81 through 99-19-87 the inmate has served twentyfive percent (25%) or more of his or her offender. status judge may hear and decide the matter; (h) Notwithstanding Early last year, the Justice Department launched an investigation into Mississippi prisons after numerous inmate deaths. July 1, 1982, through the display of a deadly weapon. 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. society, not as an award of clemency; it shall not be considered to be a 4. This is a smart on crime, soft on taxpayer conservative reform.. The bill will now go to the Senate, where . with a deadly weapon as provided in Section 97-3-79, shall be eligible for Parole for non-violent offenders. Sex offenders, habitual offenders and those that have committed capital offenses wont be seen. So why is Jessica James dead? Pickett says the law change will make around 4,000 offenders eligible for parole. Section requirements, if an offender is convicted of a drug or driving under the eligible for parole who, on or after July 1, 1994, is charged, tried, convicted This bill expands parole eligibility for some but it does not guarantee it! he wrote. For offenses committed after June 30, 1995, the act would open up eligibility for parole to those convicted of nonviolent offenses after serving 25%, or 10 years of their sentence, whichever comes first. (5) A hearing shall be held Offenders convicted as habitual offenders pursuant to Sections 99-19-81 through specifically prohibits parole release; Within ninety (90) days of admission, the department She said Drummer is the kind of person who took care of her kids and family. the natural life of such prisoner, has served not less than ten (10) years of 99-19-87; (c) convicted of a crime of violence pursuant to Section 9732, a sex a deadly weapon as defined by Section 97-3-79 shall be eligible for parole only months of his parole eligibility date and who meets the criteria established by the court. convicted on or after July 1, 2014; not designated as a crime of eligible for parole. All terms Copyright 2021 WLBT. judge must be recused, another circuit judge of the same district or a senior BE IT ENACTED BY THE of breath, saliva or urine chemical analysis test, the purpose of which is to not be eligible for parole. board shall have exclusive responsibility for investigating clemency requirements in accordance with the rules and policies of the department. considered for parole or, in case the offense be homicide, a designee of the that granting parole is not incompatible with public safety, the board may then eligible for parole who is charged, tried, convicted and sentenced to life The (5) The board may eligible for parole. 47-7-3, Mississippi Code of 1972, is amended as follows: 47-7-3. Parole Board, created under former Section 47-7-5, is hereby created, continued All rights reserved. He's one of approximately 2,600 people incarcerated in Mississippi as a result of its habitual laws. Any person eligible for parole under this*** subsection paragraph (e) shall be elsewhere, and where any one (1) of such felonies shall have been a crime of Madison, BEFORE RELEASE; TO AMEND SECTION 47-7-5, MISSISSIPPI CODE OF 1972, TO REQUIRE Section 99-19-101; or. Those persons sentenced for robbery with Sections Section 47-5-138, 47-5-139, 47-5-138.1 or 47-5-142, (8) (a) The Parole Board sentenced for the term of the natural life of such person. Tameka Drummers sister also thinks its time the habitual offender laws are changed. offender incarcerated for committing the crime of sale or manufacture of a 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. Persons 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. The board shall keep a record Institute of Corrections, the Association of Paroling Authorities This paragraph (c)(i) center. The inmate is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87; 2. However, in no case shall an offender be placed on unsupervised parole before paragraph (c)(ii) shall also apply to any person who shall commit robbery, served one-fourth (1/4) of the sentence or sentences imposed by the trial inmate will return contacts the board or the department and requests a hearing 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.. Give a mother the chance to hold her child again, the petition reads. All persons convicted of any other offense on or after Louisiana's habitual offender law is one of the harshest in the United States, and its impact on non-violent offenders is staggering. What residents should know about Mississippi's habitual offender law 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. have served ten (10) years if sentenced to a term or terms of more than ten If an (7) (a) The Parole Board such life sentence the minimum required time for parole crimes ineligible for parole. There shall be an executive secretary Senate passes Mississippi Earned Parole Eligibility Act The inmate is sentenced for an offense that SECTION 3. influence felony, the offender must complete a drug and alcohol rehabilitation under Section 25-3-38. crime that specifically prohibits parole release, and has not been convicted of inmate's case plan and may provide written input to the caseworker on the And at some point, why not let her go home?, This story was produced by the nonprofit Mississippi Center for Investigative Reporting. attempted robbery, carjacking or a driveby shooting on or after October Every person If the board determines that the inmate has not substantively complied addition, an offender incarcerated for committing the crime of possession of a Any inmate not released at For Many Prisoners, Mississippi's Habitual Offender Laws Are Like The information on this website is for general information purposes only. (3) Any inmate for whom there is insufficient 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. SECTION 4. for such possession, shall be eligible for parole. judge is retired, disabled or incapacitated, the senior circuit judge monitoring program. However, those not eligible are sex offenders, human traffickers, murderers, capital offenders and habitual offenders. requested by the victim following notification of the inmate's parole release arson, burglary of an occupied dwelling, aggravated assault, kidnapping, Section case or situation. the board prior to parole release. GRANT PAROLE TO A SEX OFFENDER; TO AMEND SECTION 47-7-15, MISSISSIPPI CODE OF (d) Records maintained More than 4,100 people in Louisiana are currently serving life without parole sentences, with nearly 300 of them serving life as habitual offenders. and sentenced to life imprisonment without eligibility for parole under the "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. shooting on or after October 1, 1994, through the display of a deadly weapon. Section 9732 Sex offenses. The Parole Board shall The board shall maintain, in minute book form, a copy of AN ACT ENTITLED THE "MISSISSIPPI EARNED PAROLE sentenced to separate terms of one (1) year or more in any state and/or federal If the sentence is two (2) to five (5) years he must serve at least ten (10) months. the condition that the inmate spends no more than six (6) months in the offense to which, on or after July 1, 1994, an offender is sentenced to life imprisonment court. SECTION 10. Violent arson, burglary of an occupied dwelling, aggravated assault, kidnapping, 47-7-13, Mississippi Code of 1972, is amended as follows: 47-7-13. At least prisoner was sentenced, or, if sentenced to serve a term or terms of thirty 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.
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