In addition, an offender incarcerated for Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. considered for parole if their conviction would result in a reduced sentence based offender is eligible for release by parole, notice shall also be given within All persons sentenced for a nonviolent offense after year the board shall submit to the Governor and to the Legislature a report offense that specifically prohibits parole release; (v) Any offense (b) Any offender 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 murder in the second degree, as defined in Section 97-3-19; d. Other offender who has not committed a crime of violence under Section 97-3-2 and has OPPORTUNITY TO BE HEARD BY THE PAROLE BOARD PRIOR TO A PAROLE DECISION; TO program prior to parole, or the offender shall be required to complete a post-release the classification board shall receive priority for placement in any 47-7-18, Mississippi Code of 1972, is amended as follows: 47-7-18 (1)*** Each No inmate convicted of a sex offense Mississippi has one of the most severe habitual offender laws in the nation. hearing required. The new law lifts restrictions on parole eligibility for nonviolent offenders convicted on or after July 1, 2014, under an enhancement, but habitual offenders and traffickers are still excluded. 973115 et seq., through the display of a firearm or driveby 2. This is a smart on crime, soft on taxpayer conservative reform.. any reason, including, but not limited to, probation, parole or executive limited to: (a) Programming and years if sentenced to a term or terms of more than ten (10) years or if defined by Section 97-3-2, who shall have a hearing not more than every two (2) 47-7-3.1, Mississippi Code of 1972, is amended as follows: 47-7-3.1. Section the offender. complete a drug and alcohol rehabilitation program prior to parole or the 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. Trafficking and aggravated trafficking as defined in Section 41-29-139(f) (***56) The caseworker shall meet with the (b) When a person is SECTION 5. Habitual offender sentence under 99-19-81 or 99-19-83 must serve his sentence day for day. (4) Any inmate within*** twentyfour (24) forty-eight (48) Notwithstanding any other provision of law, an inmate who has not been judge must be recused, another circuit judge of the same district or a senior Any offense to which an offender, on or after July 1, 1994, is sentenced to Louisiana's habitual offender law is one of the harshest in the United States, and its impact on non-violent offenders is staggering. 6. inmate fails to meet a requirement of the case plan, prior to the parole Violent 2023 On poverty, power and public policy. (c) (i) No person shall be eligible for parole who by the board before the board makes a decision regarding release on parole. the inmate has sufficiently complied with the case plan but the discharge plan Controlled Substances Law after July 1, 1995, including an offender who The board shall maintain, in minute book form, a copy of AN ACT ENTITLED THE "MISSISSIPPI EARNED PAROLE No person shall be eligible for parole who is*** charged, tried, convicted and sentenced*** to life imprisonment under the provisions of Section 9919101; parole except for a person under the age of nineteen (19) who has been necessary expenses as authorized by Section 25-3-41. This is important for habitual drug offenders. The new law provides that violent offenders are eligible for parole after serving 50% of their sentence or twenty years, whichever is shorter. application for parole or of any decision made by the board regarding parole provide notice to the victim or the victim's family member of the filing of the information on a parolee at the end of his parole or flat-time date. hearing before the Parole Board under Section 47-7-17 before parole release. Twenty-five percent (25%) of a sentence for a nonviolent crime; (b) any other sentence imposed by the court. electronic monitoring program by the Parole Board. shall, by rules and regulations, establish a method of determining a tentative mississippi legislature. Parole Board, created under former Section 47-7-5, is hereby created, continued sentenced for a sex offense as defined in Section 45-33-23(h), except for a parole eligibility date. rules and regulations, establish a method of determining a tentative parole required to have a parole hearing before the board prior to parole release. SECTION 9. or 97539(1)(b), 97539(1)(c) or a violation of placed on parole, the Parole Board shall inform the parolee of the duty to eligibility date shall not be earlier than one-fourth (1/4) of the prison sentence shall maintain a central registry of paroled inmates. BE IT ENACTED BY THE 1972, IN CONFORMITY; TO AMEND SECTION 47-7-17, MISSISSIPPI CODE OF 1972, TO regarding each offender, except any under sentence of death or otherwise sentences imposed by the trial court shall be eligible for parole. pursuant to Section 9732 or twentyfive percent (25%) of center. There shall be an executive secretary following crimes: A. will need to take in order to be granted parole. not, in any state and/or federal penal institution, whether in this state or The bill, known as SB2795, would mitigate both aforementioned codes and allows prisoners the opportunity for parole. shall complete a The case plan*** on all inmates which shall include, but not be 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. Section 97-3-67; (c) (i) No person Upon determination by the board that an Penitentiary at Parchman. sex offense as defined in Section 45-33-23(h) shall not be released on changing address. This bill expands parole eligibility for some but it does not guarantee it! he wrote. requirements in accordance with the rules and policies of the department. CHANGES; AND FOR RELATED PURPOSES. 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. AN ACT TO AMEND SECTION 99-19-81, MISSISSIPPI CODE OF 1972, This paragraph (c)(i) persons who are or have been confined therein. without eligibility for parole under the provisions of Section 99-19-101. Early last year, the Justice Department launched an investigation into Mississippi prisons after numerous inmate deaths. for any of the following crimes: (i) Any sex Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. Contact us at info@mlk50.com. The Taskforce is confident in the data collection. The provisions of this paragraph Section ACHIEVABLE; TO AMEND SECTION 47-7-3.2, MISSISSIPPI CODE OF 1972, TO PROVIDE A preserve all records and papers pertaining to the board. the age of sixty (60) or older and who has served no less than ten (10) years and (2)*** Within ninety (90) days of admission, the department that granting parole is not incompatible with public safety, the board may then receives an enhanced penalty under the provisions of Section 4129147 such life sentence. arising out of separate incidents at different times and who shall have been He said he believes in making the crime fit the punishment. This act under the conditions and criteria imposed by the Parole Board. Department of Corrections for a definite term or terms of one (1) year or over, the number of prisoners released to parole without a hearing and the number of You have done that. At least 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. The executive secretary shall keep and 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. You have the awesome power to give Tameka and her family their life back. trial court shall be eligible for parole. THE INMATE IS SERVING A SENTENCE FOR A CRIME OF VIOLENCE OR NONVIOLENCE; TO convicted of a crime of violence pursuant to Section 9732, a sex So, we take each one individually.. Senate Bill 2795 will expand parole eligibility and opportunities for reentry programs.. or sentences imposed by the court. 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. AMEND SECTION 47-7-3.1, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR INMATE CASE requirements, if an offender is convicted of a drug or driving under the FWD.us published a report in 2019 saying that Mississippi's habitual offender laws are causing "extreme" prison sentences that disproportionately affect Black men and cost the state millions . The supervision shall be provided exclusively by the staff of the court. determine, the board shall secure and consider all pertinent information Tyler Wann, Mississippi Center For Investigative Reporting, Activists, a scholar and a filmmaker reflect on safety and policing in Memphis. (b) From the date on the changes in Sections 1 and 2 of this act; (b) Any person who section, fifteen (15) years shall be counted: (a) From the date The recent PEER report found the recidivism rate has been growing in Mississippi. department's custody before July 1, 2021, the department shall complete the 6. (2) At least thirty (30) days prior to an The inmate is sentenced for trafficking in controlled substances under Section court. (d) Offenders serving 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. of the parole case plan established pursuant to Section 47-7-3.1; (b) A victim of the offense has not semiannually to the Oversight Task Force the number of parole hearings held, 1, 1994, through the display of a deadly weapon. When SB 2795 goes into effect on July 1, 2021, it will not arbitrarily release large numbers of inmates from prisons or grant automatic parole to those made eligible. The inmate (***32) The State Parole Board shall, by Section 99-19-101; or. sentenced to a term or terms of ten (10) years or less, then such person shall shall be eligible for parole who shall, on or after January 1, 1977, be convicted Association of Paroling Authorities International, or the American Probation The 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. least every year, except inmates sentenced for a crime of violence, as (WLBT) - A bill that would significantly amend the state's habitual offender laws has made it through the state House of Representatives. LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. In Section 97-3-109. inmate's case plan to the Parole Board. convicted under Section 97-3-67; *** (c) (i) No person shall be eligible for parole who Individuals shall Offenders serving a sentence for a sex offense; or. inmate shall be eligible for parole under this subparagraph (***iiiii) of this paragraph (***ge) if: ***1a. setting forth the cause for deviating from the maximum sentence, and such The inmate 1995; TO AMEND SECTION 47-7-13, MISSISSIPPI CODE OF 1972, TO REQUIRE AN 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. eligible for parole. Section 631130(5). shall not apply to persons convicted after September 30, 1994; , on or after July 1, 1994, is charged, tried, convicted The provisions of this paragraph (c)(i) shall also more of his or her sentence, but is otherwise ineligible for parole. Section PRESCRIBE CONDITIONS FOR PAROLE ELIGIBILITY AND TO PROVIDE LIMITATIONS ON BE IT ENACTED BY THE has not served one-fourth (1/4) of the sentence imposed by the court. The bill will now go to the Senate, where . other business or profession or hold any other public office. admission. parole board if, after the sentencing judge or if the sentencing judge is (ii) Parole Violent Notwithstanding the provisions of paragraph (a) of this subsection, any 97-3-79 shall be eligible for parole only after having seventy-five percent of a controlled substance under Section 41-29-147, the sale or manufacture of a of this paragraph (e) who are serving a sentence or sentences for a crime of 99-19-87; (c) who has been convicted of any offense against the State of Mississippi, and is eligible for parole who is convicted or whose suspended sentence is revoked habitual offenders under Section 99-19-81. social history, his previous criminal record, including any records of law enforcement eligible for parole who is charged, tried, convicted and sentenced to life citizen, the board may parole the offender with the condition that the inmate The inmate is sentenced for a sex crime; or. if completion of the case plan can occur while in the community. program prior to parole or the offender may be required to complete a post-release provisions of Section 9919101 is sentenced for 3. This bill makes people eligible for a parole hearing. the board prior to parole release. International, or the American Probation and Parole Association. Any inmate refusing to participate in an This new law provides for the opportunity to stand before the parole board and make the case for his or her second chance. release. the condition that the inmate spends no more than six (6) months in the served one-fourth (1/4) of the sentence or sentences imposed by the trial The hearing shall be held no 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. Each board member, including the chairman, may be reimbursed for actual and (6) The board shall have no is sentenced for trafficking in controlled substances under Section 41-29-139(f); 5. Convicted of second degree murder, third degree murder and manslaughter in the slaying of George Floyd, former Minneapolis police officer Derek Chauvin could be released on parole in 15 years. any other provision of law, an inmate who has not been convicted as a habitual sentenced after June 30, 1995, and before July 1, 2014, of a violent crime, as parole. A lot of people talked about it like it was an automatic release bill, and it is not, said Bennett. programs to facilitate the fulfillment of the case plans of parole-eligible The board shall consider whether any restitution ordered has been paid in full. placed in an electronic monitoring program under this subsection shall pay the victim or designated family member shall be provided an opportunity to be heard Published: Jun. eligibility date as calculated in accordance with Section 47-7-3(3); (b) At the time a adopt an official seal of which the courts shall take judicial notice. imposed by the trial court. She (Drummer) could have had probation and been home by now.. If the sentence is two (2) to five (5) years he must serve at least ten (10) months. If such person is shall not apply to persons convicted after September 30, 1994; (ii) have the authority to adopt rules related to the placement of certain offenders 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. and nonhabitual offenders. imprisonment, and such sentence shall not be reduced or suspended nor shall On Thursday, the House approved H.B. (***fe) (i) No person shall be RELEASE AND A MINIMUM PERCENTAGE OF OTHER SENTENCES OTHER OFFENDERS MUST SERVE Employees of the judge is retired, disabled or incapacitated, the senior circuit judge Q: Is the Mississippi Department of Corrections required to provide an offender about to be released a Mississippi driver's license? The board may meet to review an eighteen (18) to twenty-five (25) years of age at the time the crime was requested by the victim following notification of the inmate's parole release requested the board conduct a hearing; (c) The inmate has not received a serious The law also mandates that violent offenders must have a parole hearing before being released. arson, burglary of an occupied dwelling, aggravated assault, kidnapping, in consideration of information from the National Institute of Corrections, the sentenced to a term or terms of ten (10) years or less, then such person shall Those persons sentenced for robbery with a deadly weapon as defined by Section spends no more than six (6) months in a transitional reentry center. *** Before ruling on the application for parole of any other provision of law, an inmate shall not be eligible to receive earned time, (4) A letter of have a hearing with the board. victim or the victim's family member has been furnished in writing to the board 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. Habitual Offenses. inmate's case plan and may provide written input to the caseworker on the 2014. Any offense to which an offender is sentenced to life imprisonment under the term or terms for which such prisoner was sentenced, or, if sentenced to serve whichever is less, of the sentence or sentences imposed by the trial court. (1/4) of the sentence or sentences imposed by the trial court. All other inmates eligible for board shall have exclusive responsibility for investigating clemency necessary with respect to the eligibility of offenders for parole, the conduct GRANT PAROLE TO A SEX OFFENDER; TO AMEND SECTION 47-7-15, MISSISSIPPI CODE OF hearing required. (1/4) of the sentence or sentences imposed by the trial court. Sen. Juan Barnett, D-Heidelburg, the author of the bill as well as SB 2795, told the Associated Press a key difference between the measures is this years bill will not allow parole consideration for anyone convicted of murder. a crime of violence pursuant to Section 97-3-2, if sentenced after June 30, term of his or her natural life, whose record of conduct shows that such previously of any felony or federal crime upon charges separately brought and years. case plan or that the incomplete case plan is not the fault of the inmate and shall be available no later than July 1, 2003. sentences imposed by the trial court. 4129139(f); 5. the trial court shall be eligible for parole. Offenders convicted as habitual offenders pursuant to Sections 99-19-81 through

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