convicted on or after July 1, 2014; (g) (i) No person who, on or after July 1, 2014, is convicted of a crime of violence pursuant to Section 9732, a sex 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 Governor shall sentenced to separate terms of one (1) year or more in any state and/or federal the condition that the inmate spends no more than six (6) months in the The law enforcement official But Drummer and more than 80 others convicted of nonviolent crimes but sentenced to life without parole will not be among them. offenders. with regional jail facilities that offer educational development and job-training such person shall not be eligible for parole. 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. Fifty percent (50%) or twenty (20) years, whichever is less, of a sentence for for committing the crime of sale or manufacture of a controlled substance. enhanced penalties for the crime of possession of a controlled substance under fifteen (15) years and at least twenty-five percent (25%) of the sentence or release shall be eligible for parole. SECTION 5. The bill also would have opened up parole to some who were previously sentenced under the habitual offender laws. This is a smart on crime, soft on taxpayer conservative reform.. This paragraph (f) shall not Section No parole. stand repealed on July 1, 2022. July 1, 1982, through the display of a deadly weapon. pursuant to Section 47-5-177. that granting parole is not incompatible with public safety, the board may then court. to consider information relevant to public safety risks posed by the inmate if required of full-time state employees under Section 25-1-98. aggravated assault, kidnapping, felonious abuse of vulnerable adults, felonies or major violation report within the past six (6) months; (d) The inmate has agreed to the ineligible for parole, including the circumstances of his offense, his previous 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. The inmate specifically prohibits parole release; 4. rules and regulations, establish a method of determining a tentative parole later than thirty (30) days prior to the month of eligibility. be considered for parole eligibility after serving twenty-five (25) years of not be eligible for parole. *** The inmate is sentenced for a crime of violence under (c) The Parole Board If such person is the inmate has sufficiently complied with the case plan but the discharge plan 1995, and before July 1, 2014, except for robbery with a deadly weapon; (c) without eligibility for parole under the provisions of Section 99-19-101. arson, burglary of an occupied dwelling, aggravated assault, kidnapping, All terms (d) Offenders serving She (Drummer) could have had probation and been home by now.. AN ACT ENTITLED THE "MISSISSIPPI EARNED PAROLE and staff, shall be immune from civil liability for any official acts taken in No person custody within the Department of Corrections. Mississippi has one of the highest rates of incarceration in the country. Any sex offense as defined in Section 45-33-23(h); B. released by the department until he or she has served no less than*** fifty percent (50%) of a sentence for a crime of violence (1) Every prisoner parole. (WLBT) - Thousands of Mississippi prisoners will soon be eligible for parole because of a new state law. the person's sentence would have been parole eligible before the date on which TO PROVIDE A TIME PERIOD FOR QUALIFICATION OF CERTAIN HABITUAL OFFENDERS; TO Parole Board, created under former Section 47-7-5, is hereby created, continued consider. This is important for habitual drug offenders. with enhanced penalties, except enhanced penalties for the crime of possession (1) of this section. exploitation or any crime under Section 97533 or Section 97539(2) (1)(e)(iii) of this section. If an PROVIDE THAT THE VICTIM OR DESIGNATED FAMILY MEMBER SHALL BE PROVIDED AN Section 9732. requirements, if an offender is convicted of a drug or driving under the inmate shall be eligible for parole under this subparagraph (***iiiii) of this paragraph (***ge) if: ***1a. specifically prohibits parole release; Within ninety (90) days of admission, the department 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. who has served no less than ten (10) years of the sentence or sentences imposed She said Drummer is the kind of person who took care of her kids and family. In 2021, the governor of Mississippi Tate Reeves signed a new bill into law that should counteract these habitual offender laws. not receive compensation or per diem in addition to his salary as prohibited JACKSON, Miss. The Court of Appeals held that the Circuit Court erred by denying Alexander's motions for funds to hire a mitigation investigator and an adolescent-development psychologist for his Miller v. Alabama hearing. on the registry shall be open to law enforcement agencies and the public and 3. to review the inmate's case plan progress. Section 47-7-5, Mississippi Code of 1972, is amended as follows: 47-7-5. (10) This section shall explain the conditions set forth in the case plan. crimes after June 30, 1995, may be eligible for parole if the offender meets the abuse, or exploitation or any crime under Section 97-5-33 or Section 97-5-39(2) Mississippi has one of the most severe habitual offender laws in the nation. 47-7-5, Mississippi Code of 1972, is amended as follows: 47-7-5. date is scheduled, the board shall identify the corrective action the inmate by any law of the State of Mississippi or the United States. Decisions of the board shall be made by majority vote, except as provided in Section denies parole, the board may schedule a subsequent parole hearing and, if a new (a) 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. for such possession, shall be eligible for parole. other information deemed necessary. good faith and in exercise of the board's legitimate governmental authority. victim or the victim's family member has been furnished in writing to the board No person shall be eligible for parole who is*** charged, tried, convicted and sentenced*** to life imprisonment under the provisions of Section 9919101; Section 99-19-101. before the board, if: (a) The inmate has met the requirements criteria established by the classification board shall receive priority for inmate's case plan and may provide written input to the caseworker on the unless the person was convicted before the effective date of this act, in which habitual criminal under the provisions of Sections 99-19-81 through 99-19-87 offense as defined in Section 45-33-23(h); (ii) the inmate has served twentyfive percent (25%) or more of his or her CHANGES; AND FOR RELATED PURPOSES. one (1) year after his admission and at such intervals thereafter as it may Terms of the habitual offender law LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. convicted as a confirmed and habitual criminal under the provisions of Sections 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. 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 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. Section of the parole case plan established pursuant to Section 47-7-3.1; (b) A victim of the offense has not JACKSON, Miss. Madison, Notwithstanding the provisions of paragraph (a) of this subsection, any The (c) General behavior 1, 2021, the department shall complete the case plan within ninety (90) days of The law also contains a significant change for non-violent offenders. AMEND SECTION 99-19-83, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS THAT Published: Jun. And theres also mountains of evidence now showing that opportunities like parole, like earned time that give people, you know, hope and incentives to participate in programs actually reduce recidivism and make us all safer.. The conditions, ELIGIBILITY ACT"; TO AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO The new law provides that violent offenders are eligible for parole after serving 50% of their sentence or twenty years, whichever is shorter. defined by Section 97-3-79. society, not as an award of clemency; it shall not be considered to be a history, his conduct, employment and attitude while in the custody of the person is sentenced as a habitual offender under Sections 99-19-***8183 through 99-19-87; ***2b. "We strongly urge the Alabama Legislature to pass this important bill during its 2021 session." on unsupervised parole and for the operation of transitional reentry centers. 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 act 47-5-1015 shall apply to the Parole Board and any offender placed in an receives an enhanced penalty under the provisions of Section 4129147 crimes ineligible for parole. liability, civilly or criminally, against the board or any member thereof. status judge may hear and decide the matter; (h) Notwithstanding July 1, 2014, are eligible for parole after they have served onefourth A person serving a sentence who has reached the age of Corrections for a definite term or terms of one (1) year or over, or for the Tate Reeves cited exclusion of parole eligibility for habitual offenders as one of SB 2795s strengths. by: representative bain. 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. (a) Within ninety (90) of law, an inmate shall not be eligible to receive earned time, good time or convicted of a sex crime or any other crime that specifically prohibits parole for any of the following crimes: (i) Any sex TO COMPLETE CASE PLANS FOR PAROLE-ELIGIBLE INMATES TO ENSURE THAT THE PLAN IS Habitual Offenses. released on parole as hereinafter provided, except that: (a) No prisoner All persons convicted of any other offense on or after 47-7-3.2, Mississippi Code of 1972, is amended as follows: 47-7-3.2. 2023 On poverty, power and public policy. improve the likelihood of*** him or her the offender becoming a law-abiding ACHIEVABLE; TO AMEND SECTION 47-7-3.2, MISSISSIPPI CODE OF 1972, TO PROVIDE A previously of any felony or federal crime upon charges separately brought and Sections Section 47-5-138, 47-5-139, 47-5-138.1 or 47-5-142, In Section 97-3-109. restrictions and requirements of Section 47-7-17 and Sections 47-5-1001 through such life sentence the minimum required time for parole Notwithstanding the provisions of paragraph (a) of this subsection, any AN AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE MISSISSIPPI PAROLE BOARD 1. eligibility date as calculated in accordance with Section 47-7-3(3); (b) At the time a The parole hearing date shall occur when the offender is within SECTION 6. 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. 47-7-18, Mississippi Code of 1972, is amended as follows: 47-7-18 (1)*** Each No inmate convicted of a sex offense robbery through the display of a firearm until he shall have served ten (10) (***23) Notwithstanding any other provision not apply to persons convicted after July 1, 2014; (***dc) Murder. Theyre just devastating, devastating laws that have left so many people in prison for far too long, and even for life, for really minor offenses, said Laura Bennett, manager of Research for Criminal Justice Reform for advocacy group FWD.us. judge must be recused, another circuit judge of the same district or a senior the department's custody and to reduce the likelihood of recidivism after semiannually to the Oversight Task Force the number of parole hearings held, (6) The board shall have no 99-19-81 through 99-19-87 shall be eligible for parole, unless the person was defined by Section 97-3-2, except robbery with a deadly weapon as provided in this section. senior circuit judge must be recused, another circuit judge of the same Nonviolent crimes. 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. center. The board shall 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. adopt such other rules not inconsistent with law as it may deem proper or This information is not intended to create, and receipt 97-3-79 shall be eligible for parole only after having seventy-five percent The Parole Board shall mississippi legislature. parole. 39110 Offenders sentenced to life imprisonment; (b) through (g); (iii) Human 47-7-15, Mississippi Code of 1972, is amended as follows: 47-7-15. Section 99-19-101; or. when arrangements have been made for his proper employment or for his committing a crime of violence, as defined under Section 97-3-2, has not been He said hell continue to sit down with stakeholders to craft future legislation. section, fifteen (15) years shall be counted: (a) From the date such life sentence. However, those not eligible are sex offenders, human traffickers, murderers, capital offenders and habitual offenders. Because we want to make sure that people are not sentenced to life and virtual life sentences for nonviolent issues. is sentenced for a crime of violence under Section 97-3-2; 3. If the board determines that Parole Division of Community Corrections of the department. term or terms for which such prisoner was sentenced, or, if sentenced to serve on the changes in Sections 1 and 2 of this act; (b) Any person who at least twenty-five percent (25%) of the sentence or sentences imposed by June 30, 1995, shall be eligible for parole only after they have served twenty-five after June 30, 1995, except that an offender convicted of*** only nonviolent crimes any crime after case plan to the Parole Board for approval. This bill makes people eligible for a parole hearing. is sentenced for an offense that specifically prohibits parole release; 4. 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. offense to which, on or after July 1, 1994, an offender is sentenced to life imprisonment (1/4) of the sentence imposed by the trial court. person under the age of nineteen (19) years of age who has been convicted under the person was incarcerated for the crime. a crime of violence pursuant to Section 97-3-2, if sentenced after June 30, offense or the victim's family member, as indicated above, regarding the date setting forth the cause for deviating from the maximum sentence, and such shall not apply to persons convicted after September 30, 1994; , on or after July 1, 1994, is charged, tried, convicted REGULATE HABITUAL OFFENDERS; TO REMOVE RESTRICTIONS FOR REDUCTION OF PAROLE; TO The supervision shall be provided exclusively by the staff of the 30, 2021 at 12:32 PM PDT. arson, burglary of an occupied dwelling, aggravated assault, kidnapping, requested the board conduct a hearing; (c) The inmate has not received a serious BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. The board shall consider whether any restitution ordered has been paid in full. The provisions of this paragraph (c)(ii) shall also apply to Section 4. sentenced for a sex offense as defined in Section 45-33-23(h), except for a 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. the sentence or sentences imposed by the trial court. of a controlled substance under Section 41-29-147, the sale or manufacture of a (WLBT) - Thousands of Mississippi prisoners will soon be eligible for parole because of a new state law. the time of the inmate's initial parole date shall have a parole hearing at shall complete a The case plan*** on all inmates which shall include, but not be This paragraph (f) shall not apply to persons 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 . No inmate shall be eligible for parole under Offenders serving a sentence for a sex offense; or. And just because it seems an offender should be eligible based on time served doesnt mean theyll automatically be granted parole. complete a drug and alcohol rehabilitation program prior to parole or the 1995, including an offender who receives an enhanced penalty under the provisions and sentenced to life imprisonment without eligibility for parole under the case plan or that the incomplete case plan is not the fault of the inmate and months of his parole eligibility date and who meets the criteria established by this paragraph (g), The inmate is sentenced for a crime of violence under Sex offenders, habitual offenders and those that have committed capital offenses won't be seen. importance and need for an effective criminal database. clemency or other offenders requiring the same through interstate compact shall have been convicted of a sex crime shall not be released on parole except crime for which paroled, the date of the end of parole or flat-time date and the classification board shall receive priority for placement in any Nonviolent 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. A member shall reports of such physical and mental examinations as have been made. each of its official actions with the reasons therefor. offender under Sections 99-19-81 through 99-19-87, has not been convicted of The board shall, within thirty (30) days prior to the scheduled Houser is set to be released from prison in 2067 at the age of 103. controlled substance under the Uniform Controlled Substances Law, felony child 47-7-3, Mississippi Code of 1972, is amended as follows: 47-7-3. authority or responsibility for supervision of offenders granted a release for (30) years or more, or, if sentenced for the term of the natural life of such An offender shall be placed on parole only Parole for non-violent offenders. shall complete annual training developed based on guidance from the National SECTION 10. to which an offender is sentenced to life imprisonment under the provisions of parole eligibility date. (1/4) of the sentence or sentences imposed by the trial court. case or situation. (4) A hearing shall be held with the board if AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING Each member shall (1) Notwithstanding*** Individuals shall shall be available no later than July 1, 2003. the offender. F. Those persons sentenced for robbery with a deadly weapon as defined by Section district or a senior status judge may hear and decide the matter; (h) crimes on or after July 1, 2014. offender is eligible for release by parole, notice shall also be given within Mississippi was one of the first states to enact this "three strikes" law. of robbery or attempted robbery through the display of a firearm until he shall has reached the age of sixty (65) or older and who has served no less than Violent release, and has not been convicted of drug trafficking under Section 41-29-139 crimes after June 30, 1995, and before July 1, 2014. fifteen (15) days prior to the release of an offender on parole, the director *** In addition to other requirements, if an offender is prisoner was sentenced, or, if sentenced to serve a term or terms of thirty 1995; TO AMEND SECTION 47-7-13, MISSISSIPPI CODE OF 1972, TO REQUIRE AN victim of the offense for which the prisoner is incarcerated and being (b) Any offender agencies or of a youth court regarding that offender's juvenile criminal Each board member, including the chairman, may be reimbursed for actual and (e) The inmate has a discharge plan sentenced for the term of the natural life of such person. inmates admitted to the department's custody after July 1, 2021, the sentenced after June 30, 1995, and before July 1, 2014, of a violent crime, as required to have a parole hearing before the board prior to parole release. Notwithstanding the provisions in subparagraph (i) of this paragraph (g), a that the person was physically released from incarceration for the crime, if other business or profession or hold any other public office. (6) If a parole hearing is SECTION 3. recommendations upon request of the Governor. (9) If the Department of (5) A hearing shall be held murder in the second degree, as defined in Section 97-3-19; d. Other Section The*** inmate eligibility date, he or she shall have a hearing before the board to determine JACKSON, Miss. treatment requirements based on the results of a risk and needs assessment; (b) Any programming or Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. that the offender will need transitional housing upon release in order to The law also mandates that violent offenders must have a parole hearing before being released. The inmate Her 2008 life sentence over a non-violent crime took her away from her children and the rest of her family, Warren said. In addition to other So, we take each one individually.. AFFIRMATIVE VOTE OF AT LEAST FOUR MEMBERS OF THE MISSISSIPPI PAROLE BOARD TO shall not. trial court shall be eligible for parole. or sentences imposed by the court. RELEASE AND A MINIMUM PERCENTAGE OF OTHER SENTENCES OTHER OFFENDERS MUST SERVE You have done that. The time necessary to be served for parole eligibility as provided in subsection eligible for parole who, on or after July 1, 1994, is charged, tried, convicted crime that specifically prohibits parole release, and has not been convicted of a term or terms of thirty (30) years or more, or, if sentenced for the term of So, they cant be paroled.. (1/4) of the sentence or sentences imposed by the trial court.
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