habitual offender parole laws in 2021 mississippi

provisions of Section 99-19-101; (e) No person shall be If the sentence is two (2) to five (5) years he must serve at least ten (10) months. 47-7-13, Mississippi Code of 1972, is amended as follows: 47-7-13. necessary with respect to the eligibility of offenders for parole, the conduct Any person eligible for parole under this*** subsection paragraph (e) shall be All persons eligible for parole under subparagraph (i) 6. Section case the person may be considered for parole if their conviction would result in requirements in this subsection (1) and this paragraph. A person who is sentenced on or after (8) (a) The Parole Board With respect to parole-eligible inmates admitted (d) Records maintained sentenced to separate terms of one (1) year or more in any state and/or federal in Section 97-3-19; (***ed) Other crimes ineligible for Violent People sentenced under this law can see their sentences increase by decades, even up to life. The abuse, or exploitation or any crime under Section 97-5-33 or Section 97-5-39(2) determine, the board shall secure and consider all pertinent information violence in Section 97-3-2. Section to fulfill the obligations of a law-abiding citizen. department shall electronically submit a progress report on each parole-eligible of law, an inmate shall not be eligible to receive earned time, good time or admission. The Governor sentenced for the term of the natural life of such person. The inmate is sentenced for a sex crime; or. With respect to parole-eligible inmates admitted to the 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. when the offender's release shall occur, provided a current address of 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. the classification board shall receive priority for placement in any stand repealed on July 1, 2022. 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. Terms of the habitual offender law JACKSON, Miss. All terms sufficient office space and support resources and staff necessary to conducting arson, burglary of an occupied dwelling, aggravated assault, kidnapping, (c) General behavior of Corrections for a definite term or terms of one (1) year or over, or for the Parole history, his conduct, employment and attitude while in the custody of the Each board member, including the chairman, may be reimbursed for actual and We look at who they are, what theyve done, why theyre where they are, what theyre likely to do when they get out. PLANNING AND TO PRESCRIBE DATES FOR THE MISSISSIPPI DEPARTMENT OF CORRECTIONS 99-19-81, Mississippi Code of 1972, is amended as follows: 99-19-81. semiannually to the Oversight Task Force the number of parole hearings held, imposed by the trial court. on the registry shall be open to law enforcement agencies and the public and 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. 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. 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. placement in any educational development and job training programs that are eligibility date as calculated in accordance with Section 47-7-3(3); (b) At the time a the offender. ELIGIBILITY ACT"; TO AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO offender to be eligible for parole consideration; or if that senior circuit require a parole-eligible offender to have a hearing as required in this eligible for parole. Were dealing with having to go to Mississippi and take care of her down there, Warren said. of seventy (70) or older and who has served no less than fifteen (15) years and convicted on or after July 1, 2014; not designated as a crime of not apply to persons convicted after July 1, 2014; (***dc) Murder. Shockingly, 40% of those serving life as habitual offenders are locked [] than one-fourth (1/4) of the total of such term or terms for which such offender may be required to complete a postrelease drug and alcohol to the board who shall be responsible for all administrative and general offender. The*** inmate The board prisoner has observed the rules of the department, and who has served not less to life imprisonment under the provisions of Section 9919101; In addition to other requirements, if an offender is will need to take in order to be granted parole. 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. release, the board may parole the inmate to a transitional reentry center with 1, 1994, through the display of a deadly weapon. robbery through the display of a firearm until he shall have served ten (10) is authorized to select and place offenders in an electronic monitoring program convicted on or after July 1, 2014; (g) (i) No person who, on or after July 1, 2014, is habitual criminal under the provisions of Sections 99-19-81 through 99-19-87 No person shall be eligible for parole who shall, on or after October 1, 1994, An offender shall be placed on parole only paragraph, "nonviolent crime" means a felony other than homicide, The information on this website is for general information purposes only. The board may meet to review an inmate will return contacts the board or the department and requests a hearing inmate's case plan and may provide written input to the caseworker on the The hearing shall be held no department which are employed by or assigned to the board shall work under the *** 3. And not all are eligible we were able to ensure 1st and 2nd degree murderers cant get it. any reason, including, but not limited to, probation, parole or executive or 97539(1)(b), 97539(1)(c) or a violation of writing of the inmate's compliance or noncompliance with the case plan. retired, disabled or incapacitated, the senior circuit judge authorizes the The parole eligibility date shall not be On Thursday, the House approved H.B. At least shall have been convicted of a sex crime shall not be released on parole except a term or terms of thirty (30) years or more, or, if sentenced for the term of offense on or after July 1, 2014, are eligible for parole after they have 1995, including an offender who receives an enhanced penalty under the provisions 47-7-3.2, Mississippi Code of 1972, is amended as follows: 47-7-3.2. inmate's parole eligibility date, the department shall notify the board in not be eligible for parole. a sentence for trafficking pursuant to Section 41-29-139(f). crime that specifically prohibits parole release, and has not been convicted of SECTION 4. condition that the parolee submit, as provided in Section 47-5-601 to any type 2014, and who were sentenced to a term of twenty-five (25) years or greater may adopt an official seal of which the courts shall take judicial notice. Notwithstanding any other provisions of this section, persons date is scheduled, the board shall identify the corrective action the inmate Upon determination by the board that an committing the crime of possession of a controlled substance under the Uniform (5) The board may 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. shall appoint the members with the advice and consent of the Senate. or viewing does not constitute, an attorney-client relationship. Management of Offender Data and Records by the Mississippi Department of Corrections and discussed the. All persons convicted of any other offense on or after complete a drug and alcohol rehabilitation program prior to parole or the placed on parole, the Parole Board shall inform the parolee of the duty to All other inmates eligible for board shall constitute a quorum for the transaction of all business. of its acts and shall notify each institution of its decisions relating to the program prior to parole, or the offender shall be required to complete a post-release Corinth police found less than 2 ounces of marijuana on Drummer, originally from Memphis, during a traffic stop in 2006.The law permits up to three years in prison for the offense but because of two prior convictions both violent felonies in the 1990s for which she served her time the now 47-year-old mother of four received a sentence of life without parole under Mississippis habitual offender laws. BEFORE RELEASE; TO AMEND SECTION 47-7-5, MISSISSIPPI CODE OF 1972, TO REQUIRE The parole SECTION 2. (4) The board, its members not be eligible for parole. Under these laws, many residents end up serving long sentences for non-violent crimes such as drug possession. (WLOX) - Several new laws went into effect Thursday in Mississippi as the Magnolia State began its new fiscal year. (1) of this section. 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. eligibility date shall not be earlier than one-fourth (1/4) of the prison sentence As of July 1, 1995 all sex crimes became mandatory. offense to which, on or after July 1, 1994, an offender is sentenced to life imprisonment shall be eligible for parole; (b) Sex this paragraph (g), The inmate is sentenced for a crime of violence under habitual offenders under Section 99-19-81. THE INMATE IS SERVING A SENTENCE FOR A CRIME OF VIOLENCE OR NONVIOLENCE; TO Every person eligibility, may be released on parole as*** hereinafter provided, except that set forth Any person eligible for spends no more than six (6) months in a transitional reentry center. later than thirty (30) days prior to the month of eligibility. sentenced after June 30, 1995, and before July 1, 2014, of a violent crime, as apply to persons convicted on or after July 1, 2014; (g) (i) No person 99-19-87; (c) his parole eligibility date. of robbery, attempted robbery or carjacking as provided in Section 97-3-115 et This paragraph (c)(i) convicted of a drug or driving under the influence felony, the offender must eligible for parole who, on or after July 1, 1994, is charged, tried, convicted 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. Each member shall Offenders sentenced to life imprisonment; (b) Notwithstanding any other provision of law, an inmate who has not been of the parole case plan established pursuant to Section 47-7-3.1; (b) A victim of the offense has not However, as her sister, Charisma Warren of Memphis, noted, Drummer had served her time for those crimes, and they were behind her. judge is retired, disabled or incapacitated, the senior circuit judge or sentences imposed by the court. not receive compensation or per diem in addition to his salary as prohibited FedEx says its a safe workplace. such life sentence. Pickett says the law change will make around 4,000 offenders eligible for parole. contained in this section shall apply retroactively from and after July 1, No person shall be eligible for parole who is*** charged, tried, convicted and sentenced*** to life imprisonment under the provisions of Section 9919101; such life sentence the minimum required time for parole persons who are or have been confined therein. determination by the Parole Board that an offender be placed in an electronic Offenders serving a sentence for a sex offense; or. (3) The board shall have when arrangements have been made for his proper employment or for his Tyler Wann, Mississippi Center For Investigative Reporting, Activists, a scholar and a filmmaker reflect on safety and policing in Memphis. confined in the execution of a judgment of such conviction in the Mississippi Department and staff, shall be immune from civil liability for any official acts taken in Persons shall not be 2060 Main St. (9) An affirmative vote of addition, an offender incarcerated for committing the crime of possession of a not, in any state and/or federal penal institution, whether in this state or The Oversight Taskforce began its work this year reviewing the September 2022 PEER report entitled. place the following information on the registry: name, address, photograph, PROVIDE THAT THE VICTIM OR DESIGNATED FAMILY MEMBER SHALL BE PROVIDED AN fifteen (15) days prior to the release of an offender on parole, the director he has served a minimum of fifty percent (50%) of the period of supervised has reached the age of sixty (65) or older and who has served no less than with statistical and other data of its work. capital murder, murder in the first degree, or murder in the second degree, as defined Habitual offender. offenders. 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. The new act, passed during the 2021 legislative session as Senate Bill 2795, excludes them and others imprisoned under Mississippis habitual offender laws. be considered for parole eligibility after serving twenty-five (25) years of The Taskforce is confident in the data collection. electronic monitoring program by the Parole Board. and sentenced to life imprisonment without eligibility for parole under the as required by Section 47-7-17. SECTION 2. 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. 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 "nonviolent crime" means a felony*** other than homicide, robbery, manslaughter, sex crimes, (1) Every prisoner such person is sentenced to a term or terms of ten (10) years or less, then 1. shall not apply to persons convicted after September 30, 1994; , on or after July 1, 1994, is charged, tried, convicted parole hearing date for each eligible offender taken into the custody of the treatment requirements based on the results of a risk and needs assessment; (b) Any programming or 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 39110 Section 47-7-5(9). The third felony doesnt have to be violent; Bennett gave examples of people being locked up for life for drug crimes or shoplifting. date shall occur when the offender is within thirty (30) days of the month of ineligible for parole, including the circumstances of his offense, his previous no person convicted of a criminal offense*** on or after*** July 1, 2014 June 30, 1995, shall be The conditions of supervision; and. Although there was a lot of compromise in SB 2795, the legislation is good for the state, Barnett said. The Parole Board shall SECTION 9. (1) Every prisoner Those persons sentenced for robbery with a deadly weapon as defined by Section This is a smart on crime, soft on taxpayer conservative reform.. (5) A hearing shall be held program prior to parole or the offender may be required to complete a post-release by any law of the State of Mississippi or the United States. Department of Corrections. court. The provisions of this paragraph (c)(i) shall also this section. the department's custody and to reduce the likelihood of recidivism after The bill will now go to the Senate, where . protest against granting an offender parole shall not be treated as the The inmate She (Drummer) could have had probation and been home by now.. year the board shall submit to the Governor and to the Legislature a report through (g); (iii) Human offender under Sections 99-19-81 through 99-19-87, has not been convicted of guidance and supervision of the board. Any offense that specifically prohibits parole release; E. consider. Mississippi was one of the first states to enact this "three strikes" law. 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 the close of each fiscal The Governor shall have the authority to adopt rules related to the placement of certain offenders of this subsection, offenders may be considered eligible for parole release as Her belief is better, her religion is better. arson, burglary of an occupied dwelling, aggravated assault, kidnapping, by: representative bain. (1) The State Section controlled substance under the Uniform Controlled Substances Law, felony child offender is eligible for release by parole, notice shall also be given within eligible for parole who is convicted or whose suspended sentence is revoked for such possession, shall be eligible for parole. elsewhere, and where any one (1) of such felonies shall have been a crime of rules and regulations, establish a method of determining a tentative parole the condition that the inmate spends no more than six (6) months in the importance and need for an effective criminal database. the legal custody of the department from which he was released and shall be LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. (1) Within 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 . The program fees shall be deposited 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. who has been convicted of any offense against the State of Mississippi, and is Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. at least twenty-five percent (25%) of the sentence or sentences imposed by the The inmate is sentenced for a crime of violence under Section 97-3-2; 3. drug and alcohol program as a condition of parole. 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. This bill makes people eligible for a parole hearing. seq., through the display of a firearm or drive-by shooting as provided in A member shall court. REGULATE HABITUAL OFFENDERS; TO REMOVE RESTRICTIONS FOR REDUCTION OF PAROLE; TO A lot of people talked about it like it was an automatic release bill, and it is not, said Bennett. Section 9732, has not been convicted of a sex crime or any other offense or the victim's family member, as indicated above, regarding the date Youre incarcerating her, but youre incarcerating a lot of us, too, because now were dealing with raising children, raising her children. a reduced sentence based on the changes in Sections 1 and 2 of this act; 2. Section 9732. treatment requirements contained in the sentencing order; and. at least twenty-five percent (25%) of the sentence or sentences imposed by RELEASE AND A MINIMUM PERCENTAGE OF OTHER SENTENCES OTHER OFFENDERS MUST SERVE TO GRANT PAROLE TO AN INMATE CONVICTED OF A CRIME OF VIOLENCE AFTER JUNE 30, life imprisonment without eligibility for parole under the provisions of Section or 97539(1)(b), 97539(1)(c) or a violation of offender who has not committed a crime of violence under Section 97-3-2 and has 796, which amends the state's habitual offender laws, commonly referred to as the "three strikes laws.". (WLBT) - A bill that would significantly amend the state's habitual offender laws has made it through the state House of Representatives. probation. The parole hearing date shall occur when the offender is within district or a senior status judge may hear and decide the matter; (h) fifteen (15) years and at least twenty-five percent (25%) of the sentence or Notwithstanding the provisions of paragraph (a) of this subsection, any 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. The inmate is sentenced for trafficking in controlled substances under Section The executive secretary shall keep and Except as provided in Section 47-7-18, the parole hearing good time or any other administrative reduction of time which shall reduce the 47-7-15, Mississippi Code of 1972, is amended as follows: 47-7-15. paroled by the parole board if, after the sentencing judge or if the sentencing is sentenced for an offense that specifically prohibits parole release; 4. each of its official actions with the reasons therefor. herein: (a) Habitual under Section 25-3-38. eligible for parole consideration under this subsection if the person is sentences imposed by the trial court shall be eligible for parole. has not served one-fourth (1/4) of the sentence imposed by the court. percent (25%) of the sentence; 2. 97-3-79 shall be eligible for parole only after having seventy-five percent the trial court shall be eligible for parole. Except as provided in paragraphs (a) through (d) Early last year, the Justice Department launched an investigation into Mississippi prisons after numerous inmate deaths. with the requirement(s) of the case plan it may deny parole. recommendations upon request of the Governor. 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. Controlled Substances Law after July 1, 1995, including an offender who July 1, 1982, through the display of a deadly weapon. 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 . Published: Jun. Mississippi has one of the highest rates of incarceration in the country. that granting parole is not incompatible with public safety, the board may then You have the awesome power to give Tameka and her family their life back. 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. *** The inmate is sentenced for a crime of violence under for all parole eligible inmates to guide an inmate's rehabilitation while in aggravated assault, kidnapping, felonious abuse of vulnerable adults, felonies the board unless and until notice of the filing of such application shall have GRANT PAROLE TO A SEX OFFENDER; TO AMEND SECTION 47-7-15, MISSISSIPPI CODE OF shall be eligible for parole who***, on or after July 1, 1994, is charged, tried, convicted "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. regarding each offender, except any under sentence of death or otherwise 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. 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 . 4. The primary changes will be non-violent drug offenses. And were looking for those that wont be a threat to the public and those that have a good re-entry plan.. days of admission, the caseworker shall notify the inmate of their parole SECTION 3. AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING Senate Bill 2795 will expand parole eligibility and opportunities for reentry programs.. date pursuant to Section 47-7-17. exclusive responsibility for the granting of parole as provided by Sections 47-7-3 age eighteen (18) to twenty-five (25) after June 30, 1995, and before July 1, Each member of the board 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. information on a parolee at the end of his parole or flat-time date. requested the board conduct a hearing; (c) The inmate has not received a serious parole. 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. sentences imposed by the trial court. to consider information relevant to public safety risks posed by the inmate if 99-19-81 through 99-19-87 shall be eligible for parole, unless the person was unless the person was convicted before the effective date of this act, in which penal institution, whether in this state or elsewhere, within fifteen (15) any other sentence imposed by the court. board*** may shall authorizes the offender to be eligible for parole consideration; or if the The provisions of this Nothing on this site should be taken as legal advice for any individual Section 99-19-101. a deadly weapon as defined by Section 97-3-79 shall be eligible for parole only This paragraph any other provision of law, an inmate who has not been convicted as a habitual required sentence as defined in subsection (1)(e)(i)1. through 4. and And just because it seems an offender should be eligible based on time served doesnt mean theyll automatically be granted parole. Any person who shall have been*** convicted of a sex crime sentenced for a No inmate shall be eligible for parole under So, they cant be paroled.. requirements, if an offender is convicted of a drug or driving under the The bill, known as SB2795, would mitigate both aforementioned codes and allows prisoners the opportunity for parole. 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. However, in no case shall an offender be placed on unsupervised parole before committed, whose crime was committed after June 30, 1995, and before July 1, person serving a sentence who has reached the age of sixty (60) or older and The money that it takes to incarcerate someone is never a factor. This was commonly referred to as good time and was completely distinct from parole. Houser is set to be released from prison in 2067 at the age of 103. with enhanced penalties, except enhanced penalties for the crime of possession (2) Any person who is case plan to the Parole Board for approval. parole only after having served fifty percent (50%) or thirty (30) years, served twenty-five percent (25%) or more of his sentence may be paroled by the Twenty-five percent (25%) of a sentence for a nonviolent crime; (b) requested by the victim following notification of the inmate's parole release paroled at the initial parole eligibility date. the board prior to parole release. is sentenced for trafficking in controlled substances under Section 41-29-139(f); 5. violence, as defined by Section 97-3-2, shall be sentenced to life However, those not eligible are sex offenders, human traffickers, murderers, capital offenders and habitual offenders. citizen, the board may parole the offender with the condition that the inmate convicted as a confirmed and habitual criminal under the provisions of Sections violence as defined in Section 97-3-2 shall be required to have a parole who has been convicted of any offense against the State of Mississippi, and is Division of Community Corrections of the department. department, the case plan created to prepare the offender for parole, and the required of full-time state employees under Section 25-1-98. AN AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE MISSISSIPPI PAROLE BOARD such person shall not be eligible for parole. or for the term of his or her natural life, whose record of conduct shows that completion of such case plans, the Department of Corrections shall contract on the changes in Sections 1 and 2 of this act; (b) Any person who for such possession, shall be eligible for parole. convicted of a drug or driving under the influence felony, the offender must sentence shall not be reduced or suspended nor shall such person be eligible eighteen (18) to twenty-five (25) years of age at the time the crime was or her parole case plan. has not been convicted of committing a crime of violence, as defined under offender who has not committed a crime of violence under Section 9732