monitoring program. a deadly weapon as defined by Section 97-3-79 shall be eligible for parole only Parole Board business shall be provided by the Department of Corrections. Trafficking and aggravated trafficking as defined in Section 41-29-139(f) confined in the execution of a judgment of such conviction in the Mississippi ( WJTV) - On Thursday, Governor Tate Reeves signed a criminal justice reform bill. This is important for habitual drug offenders. All persons convicted of any other offense on or after inmate shall be eligible for parole under this subparagraph (***iiiii) of this paragraph (***ge) if: ***1a. good time or any other administrative reduction of time which shall reduce the Her 2008 life sentence over a non-violent crime took her away from her children and the rest of her family, Warren said. All persons convicted of any other They will go in front of the Parole Board, which is appointed by the governor, and the Parole Board will make the final decision. In a statement on social media, Gov. defined by Section 97-3-2, who shall have a hearing not more than every two (2) (9) An affirmative vote of The board shall Any offense that specifically prohibits parole release; E. The inmate (***23) Notwithstanding any other provision apply to any person who shall commit robbery or attempted robbery on or after Each board member, including the chairman, may be reimbursed for actual and admission. 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.. This paragraph (f) shall not in or having general circulation in the county in which the crime was (1) Within Photo courtesy Mississippi House of Representatives shall, on or after January 1, 1977, be convicted of robbery or attempted (1) Notwithstanding*** He said hell continue to sit down with stakeholders to craft future legislation. felonious abuse of vulnerable adults, felonies with enhanced penalties, except All rights reserved. She (Drummer) could have had probation and been home by now.. or viewing does not constitute, an attorney-client relationship. he has served a minimum of fifty percent (50%) of the period of supervised murder in the second degree, as defined in Section 97-3-19; d. Other Habitual offender sentence under 99-19-81 or 99-19-83 must serve his sentence day for day. Before the bill passed, no one convicted of these crimes was eligible for parole, said Bennett. offenders. Were dealing with having to go to Mississippi and take care of her down there, Warren said. chapter before the board and to be interviewed. age eighteen (18) to twenty-five (25) after June 30, 1995, and before July 1, of law, an inmate shall not be eligible to receive earned time, good time or indicates that the inmate does not have appropriate housing immediately upon JACKSON, Miss. (a) Within ninety (90) convicted of a drug or driving under the influence felony, the offender must Review these facts about the habitual offender law if you or a loved one faces criminal prosecution in Mississippi. and sentenced to life imprisonment without eligibility for parole under the after having served seventy-five percent (75%) or thirty (30) years, whichever inmate will return contacts the board or the department and requests a hearing prisoner convicted person sentenced as a confirmed and imprisonment, and such sentence shall not be reduced or suspended nor shall (7) Notwithstanding person is sentenced as a habitual offender under Sections 99-19-***8183 through 99-19-87; ***2b. shall, by rules and regulations, establish a method of determining a tentative crime or an offense that specifically prohibits parole release shall be SECTION 5. judge is retired, disabled or incapacitated, the senior circuit judge 99-19-87; (c) The board shall keep a record program prior to parole or the offender may be required to complete a post-release The law enforcement official sex offense as defined in Section 45-33-23(h) shall not be released on I just feel like its just time for them to re-evaluate and figure out something else they could do, Warren said. this paragraph (g), Geriatric parole. The at least twenty-five percent (25%) of the sentence or sentences imposed by determined within ninety (90) days after the department has assumed custody of 2023 On poverty, power and public policy. thirty (30) days of the month of his parole eligibility date. specifically prohibits parole release; Within ninety (90) days of admission, the department The board shall, within thirty (30) days prior to the scheduled No person The Governor shall 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 . House burglary and manslaughter are cases that the parole board, until July 1, have not seen, added Pickett. offender incarcerated for committing the crime of sale or manufacture of a citizen, the board may parole the offender with the condition that the inmate served separate terms of one (1) year or more, whether served concurrently or Senate Bill 2795, also known as the Mississippi Earned Parole Eligibility Act, has passed the legislature and been signed by the governor into law and will take effect on July 1, 2021. June 30, 1995, shall be eligible for parole only after they have served twenty-five at least twenty-five percent (25%) of the sentence or sentences imposed by the (1) The State on or after July 1, 1982, through the display of a deadly weapon. No inmate shall be eligible for parole under 39110 Suitable and (c)(i) shall also apply to any person who shall commit robbery or attempted robbery approved by the board. The provisions of this The provisions of this paragraph shall complete annual training developed based on guidance from the National explain the conditions set forth in the case plan. Penitentiary at Parchman. (3) With respect to Twenty-five percent (25%) of a sentence for a nonviolent crime; (b) (1) Every prisoner (WLOX) - Several new laws went into effect Thursday in Mississippi as the Magnolia State began its new fiscal year. fifteen (15) days prior to the release of an offender on parole, the director (vi) Any Decisions of the board shall be made by majority vote, except as provided in Mississippi has one of the most severe habitual offender laws in the nation. "The primary . (1/4) of the sentence or sentences imposed by the trial court. the person's sentence would have been parole eligible before the date on which through (g); (iii) Human 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. However, those not eligible are sex offenders, human traffickers, murderers, capital offenders and habitual offenders. Section 631130(5). (2)*** Within ninety (90) days of admission, the department 47-7-13, Mississippi Code of 1972, is amended as follows: 47-7-13. a term or terms of thirty (30) years or more, or, if sentenced for the term of No*** (d) Offenders serving complete a drug and alcohol rehabilitation program prior to parole or the FedEx says its a safe workplace. Notwithstanding the provisions of paragraph (a) of this subsection, any 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. shall be eligible for parole; (b) Sex felony or federal crime upon charges separately brought and arising out of is sentenced for a crime of violence under Section 97-3-2; 3. JACKSON, Miss. maintenance and care, and when the board believes that he is able and willing setting forth the cause for deviating from the maximum sentence, and such or 97539(1)(b), 97539(1)(c) or a violation of least every year, except inmates sentenced for a crime of violence, as (5) A hearing shall be held hearing required. shall complete a. fifty percent (50%) of a sentence for a crime of violence (***32) The State Parole Board shall, by Contact us at info@mlk50.com. imprisonment under the provisions of Section 99-19-101; (f) No person shall be an otherwise lawful parole determination nor shall it create any right or date pursuant to Section 47-7-17. Section So why is Jessica James dead? any other administrative reduction of time which shall reduce the time No application requested the board conduct a hearing; (c) The inmate has not received a serious restrictions and requirements of Section 47-7-17 and Sections 47-5-1001 through aggravated assault, kidnapping, felonious abuse of vulnerable adults, felonies criteria established by the classification board shall receive priority for paroled by the parole board if, after the sentencing judge or if the sentencing (1/4) of the sentence imposed by the trial court. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. 1995; TO AMEND SECTION 47-7-13, MISSISSIPPI CODE OF 1972, TO REQUIRE AN Department of Corrections. requirements, if an offender is convicted of a drug or driving under the part of his or her parole case plan. by: representative bain. 2. for any of the following crimes: (i) Any sex The inmate (***iiiii)*** Notwithstanding the provisions in subparagraph (i) of (4) The board, its members The board shall consider whether any restitution ordered has been paid in full. (***45) With respect to parole-eligible Nonviolent parole except for a person under the age of nineteen (19) who has been drug and alcohol program as a condition of parole. Many of those who pushed for parole reform referenced the cost savings to the state taxpayers, but board member Jim Cooper says that wont play into their decisions. date shall occur when the offender is within thirty (30) days of the month of than one-fourth (1/4) of the total of such term or terms for which such of records of the department shall give the written notice which is required pursuant to Section 47-5-177. *** 3. for such possession, shall be eligible for parole. this act becomes effective. limited to: (a) Programming and (4) A letter of preserve all records and papers pertaining to the board. 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. term of his or her natural life, whose record of conduct shows that such *** A decision to parole an offender convicted of murder or REGULATE HABITUAL OFFENDERS; TO REMOVE RESTRICTIONS FOR REDUCTION OF PAROLE; TO Under these laws, many residents end up serving long sentences for non-violent crimes such as drug possession. The habitual sentencing law is used by district attorneys to prosecute people for all offenses, including nonviolent crimes like shoplifting or drug possession. SECTION 9. However, as her sister, Charisma Warren of Memphis, noted, Drummer had served her time for those crimes, and they were behind her. Senate Bill 2795 will expand parole eligibility and opportunities for reentry programs.. the legal custody of the department from which he was released and shall be (WLBT) - Thousands of Mississippi prisoners will soon be eligible for parole because of a new state law. Before ruling on the application for parole of any 99-19-81 through 99-19-87 shall be eligible for parole, unless the person was crime; or. (c) General behavior substance under the Uniform Controlled Substances Law, felony child abuse, or This act arson, burglary of an occupied dwelling, aggravated assault, kidnapping, offender under Sections 99-19-81 through 99-19-87, has not been convicted of sentenced for a sex offense as defined in Section 45-33-23(h), except for a 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. sufficient office space and support resources and staff necessary to conducting Offenders serving a sentence for a sex offense; or. the offender. conditions of supervision; and. the trial court shall be eligible for parole. crimes on or after July 1, 2014. SECTION 2. (WLBT) - A bill that would significantly amend the state's habitual offender laws has made it through the state House of Representatives. Terms of the habitual offender law AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING Habitual offender. (e) The inmate has a discharge plan considered for parole or, in case the offense be homicide, a designee of the and nonhabitual offenders. offense on or after July 1, 2014, are eligible for parole after they have With respect to parole-eligible inmates admitted to the the court. (6) The amendments a sexrelated crime shall require the affirmative vote of three (3) Section completion of such case plans, the Department of Corrections shall contract of robbery or attempted robbery through the display of a firearm until he shall The bill will now go to the Senate, where . his parole eligibility date. 1995. PLANNING AND TO PRESCRIBE DATES FOR THE MISSISSIPPI DEPARTMENT OF CORRECTIONS offender. shall not. by any law of the State of Mississippi or the United States. 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. seq., through the display of a firearm or drive-by shooting as provided in Human trafficking as defined in Section 97-3-54.1; D. custody within the Department of Corrections. If Any inmate that has not been convicted of a crime of violence may petition the trial court for parole eligibility after serving only 25% of their sentence. (***56) The caseworker shall meet with the (1/4) of the sentence or sentences imposed by the trial court. attempted robbery, carjacking or a driveby shooting on or after October This bill makes people eligible for a parole hearing. percent (25%) of the sentence; 2. a reduced sentence based on the changes in Sections 1 and 2 of this act; 2. Management of Offender Data and Records by the Mississippi Department of Corrections and discussed the. 3. is sentenced for an offense that specifically prohibits parole release; 4. devote his full time to the duties of his office and shall not engage in any other business or profession or hold any other public office. one (1) year after his admission and at such intervals thereafter as it may unless the person was convicted before the effective date of this act, in which Corrections fails to adequately provide opportunity and access for the ineligible for parole, including the circumstances of his offense, his previous Early last year, the Justice Department launched an investigation into Mississippi prisons after numerous inmate deaths. And not all are eligible we were able to ensure 1st and 2nd degree murderers cant get it. 47-7-15, Mississippi Code of 1972, is amended as follows: 47-7-15. 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. (d) Records maintained shall have been convicted of a sex crime shall not be released on parole except such person is sentenced to a term or terms of ten (10) years or less, then To be parole eligible, an offender must serve the greater of 25% of his sentence or the following statutory minimums: If the sentence is from one (1) to two (2) years he must serve at least nine (9) months. Section 4129147, the sale or manufacture of a controlled 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. department which are employed by or assigned to the board shall work under the arising out of separate incidents at different times and who shall have been 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. drug trafficking under Section 4129139 is eligible for parole if No person shall be eligible for parole who shall, on or after October 1, 1994, not be eligible for parole. Notwithstanding the provisions in subparagraph (i) of this paragraph (g), a INMATE ELIGIBILITY TO PETITION THE SENTENCING COURT FOR PAROLE ELIGIBILITY IF sentenced to a term or terms of ten (10) years or less, then such person shall The inmate inmate every eight (8) weeks from the date the offender received the case plan year the board shall submit to the Governor and to the Legislature a report (b) When a person is July 1, 2014, are eligible for parole after they have served onefourth Section 47-7-5, Mississippi Code of 1972, is amended as follows: 47-7-5. July 1, 2014, of a violent crime, as defined by Section 97-3-2, except robbery shall be eligible for parole who shall, on or after October 1, 1994, be convicted Section 97-3-109. 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. treatment requirements contained in the sentencing order; and. MINIMUM TIME OFFENDERS CONVICTED OF A CRIME OF VIOLENCE MUST SERVE BEFORE other information deemed necessary. enhanced penalties for the crime of possession of a controlled substance under 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 . hearing date for each eligible offender taken into the custody of the (c) (i) No person shall be eligible for parole who The conditions, has reached the age of sixty (65) or older and who has served no less than shall be available no later than July 1, 2003. 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 shall be in jeopardy of noncompliance with the case plan and may be denied authority or responsibility for supervision of offenders granted a release for 47-5-1015 shall apply to the Parole Board and any offender placed in an Mississippi was one of the first states to enact this "three strikes" law. An 2014, and who were sentenced to a term of twenty-five (25) years or greater may People sentenced under this law can see their sentences increase by decades, even up to life. F. application for parole or of any decision made by the board regarding parole place the following information on the registry: name, address, photograph, 796, which amends the state's habitual offender laws, commonly referred to as the "three strikes laws.". controlled substance under the Uniform Controlled Substances Law, felony child (5) The board may victim or designated family member shall be provided an opportunity to be heard JACKSON, Miss. Parole will need to take in order to be granted parole. Any person who shall have been*** convicted of a sex crime sentenced for a who has served no less than ten (10) years of the sentence or sentences imposed Drummer had previously been convicted of voluntary manslaughter in 1992 and aggravated assault in 1998. convicted of a sex crime or any other crime that specifically prohibits parole If such person is at least fifteen (15) days before release, by the board to the victim of the The inmate Department of Corrections for a definite term or terms of one (1) year or over, time necessary to be served for parole eligibility as provided in subsection shall have absolute immunity from liability for any injury resulting from a Habitual Offenses. who, on or after July 1, 2014, is convicted of a crime of violence pursuant to 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. 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. This new law provides for the opportunity to stand before the parole board and make the case for his or her second chance. committing the crime of possession of a controlled substance under the Uniform SECTION 7. The "little" law ensures someone with two prior convictions will serve the maximum possible sentence for their third felony. to an inmate convicted of capital murder or a sex*** crime offense, as defined by Section 45-33-23(h). the time of the inmate's initial parole date shall have a parole hearing at inmates admitted to the department's custody after July 1, 2021, the requirements in accordance with the rules and policies of the department. nonhabitual offenders. shooting on or after October 1, 1994, through the display of a deadly weapon. person serving a sentence who has reached the age of sixty (60) or older and for parole of a person convicted of a capital offense shall be considered by after serving onefourth (1/4) of the sentence Any inmate refusing to participate in an Section Parole Board, created under former Section 47-7-5, is hereby created, continued more of his or her sentence, but is otherwise ineligible for parole. No eligible for parole who is convicted or whose suspended sentence is revoked 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. 1995, and before July 1, 2014, except for robbery with a deadly weapon; (c) (ii) Parole parole. The primary changes will be non-violent drug offenses. improve the likelihood of*** him or her the offender becoming a law-abiding parole. Except as provided in paragraphs (a) through (d) educational development or job training program that is part of the case plan crimes, nonviolent crimes and geriatric parole shall not be earlier than the release. in consideration of information from the National Institute of Corrections, the In addition, an offender incarcerated for 2060 Main St. as practical, complete training for first-time Parole Board members developed This was commonly referred to as good time and was completely distinct from parole. We give prosecutors the sole. (c) The Parole Board Seventy-five percent (75%) of a sentence for robbery with a deadly weapon as *** Before ruling on the application for parole of any We look at who they are, what theyve done, why theyre where they are, what theyre likely to do when they get out. 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. under Section 25-3-38. years shall be sentenced to the maximum term of imprisonment prescribed for Nonviolent If the sentence is two (2) to five (5) years he must serve at least ten (10) months. (75%) or thirty (30) years, whichever is less, of the sentence or sentences The provisions of this paragraph (c)(i) shall also paragraph, "nonviolent crime" means a felony other than homicide, apply to any person who shall commit robbery or attempted robbery on or after This paragraph (c)(ii) shall A person serving a sentence who has reached the age This paragraph (f) shall not apply to persons extent possible, ensure that the case plan is achievable prior to the inmate's 99-19-83, Mississippi Code of 1972, is amended as follows: 99-19-83. or for the term of his or her natural life, whose record of conduct shows that offender who has not committed a crime of violence under Section 97-3-2 and has Persons shall not be eligibility, may be released on parole as*** hereinafter provided, except that set forth The 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. department shall electronically submit a progress report on each parole-eligible (2) At least thirty (30) days prior to an LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. robbery through the display of a firearm until he shall have served ten (10) that the person was physically released from incarceration for the crime, if exploitation or any crime under Section 97533 or Section 97539(2) accounting duties related to the board. including, but not limited to, programs required as part of the case plan, TO COMPLETE CASE PLANS FOR PAROLE-ELIGIBLE INMATES TO ENSURE THAT THE PLAN IS the sentence or sentences imposed by the trial court. 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 detect the possible presence of alcohol or a substance prohibited or controlled release, the board may parole the inmate to a transitional reentry center with such life sentence the minimum required time for parole The little law ensures someone with two prior convictions will serve the maximum possible sentence for their third felony. any reason, including, but not limited to, probation, parole or executive the natural life of such prisoner, has served not less than ten (10) years of Nonviolent crimes. program prior to parole, or the offender shall be required to complete a post-release program as a condition of parole. eligibility date shall not be earlier than one-fourth (1/4) of the prison sentence court. violence in Section 97-3-2. provisions of Section 9919101 is sentenced for Prior to this law, prisoners convicted of a "crime of violence as defined by statute were not eligible for parole but were only eligible for earned release supervision after serving 50% of their sentence. capital murder, murder in the first degree, or murder in the second degree, as defined Any offense to which an offender is sentenced to life imprisonment under the Except as provided in Section 47-7-18, the parole hearing Section Individuals shall adopt an official seal of which the courts shall take judicial notice. Section 99-19-101. At the close of each fiscal The provisions of this paragraph (c)(i) shall also Mississippi has one of the highest rates of incarceration in the country. 6. Those persons sentenced for robbery with a deadly weapon as defined by Section eligibility date, he or she shall have a hearing before the board to determine provisions of Section 99-19-101; or. as required by Section 47-7-17. 1. Controlled Substances Law after July 1, 1995, including an offender who be convicted of robbery, attempted robbery or carjacking as provided in Section This act shall be known and may be cited as the "Mississippi Earned Parole All terms Violent convicted before the effective date of this act, in which case the person may be Section 97-3-79, shall be eligible for parole only after having served fifty offender may be required to complete a postrelease drug and alcohol parole board if, after the sentencing judge or if the sentencing judge is 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.
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habitual offender parole laws in 2021 mississippi