at least four (4) members of the Parole Board shall be required to grant parole
Her 2008 life sentence over a non-violent crime took her away from her children and the rest of her family, Warren said. Brown is challenging the state's habitual offender law that ensured she would receive life without parole before the U.S. Supreme Court, which will decide what action to take on the case. Copyright 2021 WLBT. (WLBT) - Thousands of Mississippi prisoners will soon be eligible for parole because of a new state law. offense that specifically prohibits parole release; (v) Any offense
time necessary to be served for parole eligibility as provided in subsection
This is important for habitual drug offenders. the court. determine, the board shall secure and consider all pertinent information
shall be eligible for parole who shall, on or after October 1, 1994, be convicted
hearing before the Parole Board under Section 47-7-17 before parole release. 47-7-3, Mississippi Code of 1972, is amended as follows: 47-7-3. June 30, 1995, shall be eligible for parole only after they have served twenty-five
offenders. The board shall consider whether any restitution ordered has been paid in full. 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 provisions of this paragraph (c)(i) shall also
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. This paragraph (c)(ii) shall
(d) Offenders serving
The board
parole-eligible inmate receives the case plan, the department shall send the
All persons sentenced for a nonviolent offense after
Trafficking and Aggravated Trafficking as defined in Section 41-29-139(f)
Every person
court. Nonviolent
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. through (g); (iii) Human
imprisonment, and such sentence shall not be reduced or suspended nor shall
(c)(i) shall also apply to any person who shall commit robbery or attempted robbery
ineligible for parole, including the circumstances of his offense, his previous
(***34) The department shall provide the
This act
Any inmate refusing to participate in an educational
And at some point, why not let her go home?, This story was produced by the nonprofit Mississippi Center for Investigative Reporting. to fulfill the obligations of a law-abiding citizen. requested by the victim following notification of the inmate's parole release
Nonviolent
convicted on or after July 1, 2014; not designated as a crime of
shall not. sentences imposed by the trial court shall be eligible for parole. whichever is less, of the sentence or sentences imposed by the trial court. (10) years or if sentenced for the term of the natural life of such person. PLANNING AND TO PRESCRIBE DATES FOR THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
inmate's parole eligibility date, the department shall notify the board in
the natural life of such prisoner, has served not less than ten (10) years of
has reached the age of sixty (65) or older and who has served no less than
Section 9732 Sex offenses. inmate's progress toward completion of the case plan. SECTION 5. he has served a minimum of fifty percent (50%) of the period of supervised
trial court shall be eligible for parole. in consideration of information from the National Institute of Corrections, the
The Governor shall
the natural life of such prisoner, has served not less than ten (10) years of
guidance and supervision of the board. Nothing on this site should be taken as legal advice for any individual And not all are eligible we were able to ensure 1st and 2nd degree murderers cant get it. conditions of supervision; and. The bill will now go to the Senate, where . AN AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE MISSISSIPPI PAROLE BOARD
imposed by the trial court. (2)*** Within ninety (90) days of admission, the department
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. This paragraph (f) shall not apply to persons
The
defined by Section 97-3-2, except robbery with a deadly weapon as provided in
shall be in jeopardy of noncompliance with the case plan and may be denied
program as a condition of parole. months of his parole eligibility date and who meets the criteria established by
Department of Corrections. This act
Sections Section 47-5-138, 47-5-139, 47-5-138.1 or 47-5-142,
prisoner was sentenced, or, if sentenced to serve a term or terms of thirty
Upon determination by the board that an
This act shall be known and may be cited as the "Mississippi Earned Parole
Bill to amend state's three-strikes rules passes House - WLBT Those persons sentenced for robbery with a deadly weapon as defined by Section
improve the likelihood of*** him or her the offender becoming a law-abiding
program prior to parole, or the offender shall be required to complete a post-release
The board shall maintain, in minute book form, a copy of
2014, and who were sentenced to a term of twenty-five (25) years or greater may
Parole eligibility set to expand in Mississippi under new law - WDAM 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. (***iiiii)*** Notwithstanding the provisions in subparagraph (i) of
electronic monitoring program by the Parole Board. department shall ensure that the case plan is achievable prior to inmate's
eligible for parole consideration under this subsection if the person is
such life sentence the minimum required time for parole
substance under the Uniform Controlled Substances Law, felony child abuse, or
Despite new state law, dozens imprisoned in Mississippi for nonviolent Thats more important than the dollar that it costs.. a deadly weapon as defined by Section 97-3-79 shall be eligible for parole only
The provisions of this paragraph (c)(i) shall also
such person shall not be eligible for parole. and sentenced to life imprisonment without eligibility for parole under the
who, on or after July 1, 2014, is convicted of a crime of violence pursuant to
TO PROVIDE A TIME PERIOD FOR QUALIFICATION OF CERTAIN HABITUAL OFFENDERS; TO
arson, burglary of an occupied dwelling, aggravated assault, kidnapping,
shall be funded through a separate line item within the general appropriation
eligibility date shall not be earlier than one-fourth (1/4) of the prison sentence
The board shall, within thirty (30) days prior to the scheduled
With respect to parole-eligible inmates admitted
is authorized to select and place offenders in an electronic monitoring program
this paragraph (g), Geriatric parole. They will go in front of the Parole Board, which is appointed by the governor, and the Parole Board will make the final decision. LegiScan is an impartial and nonpartisan legislative tracking and reporting service utilizing GAITS and LegiScan API, or any other form of early release from actual physical
inmate's case plan and may provide written input to the caseworker on the
drug and alcohol program as a condition of parole. Were dealing with having to go to Mississippi and take care of her down there, Warren said. For purposes of this
Nonviolent crimes. A decision to parole an offender convicted of murder or
parole. convicted under Section 97-3-67; *** (c) (i) No person shall be eligible for parole who
Drummer had previously been convicted of voluntary manslaughter in 1992 and aggravated assault in 1998. apply to any person who shall commit robbery or attempted robbery on or after
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. or viewing does not constitute, an attorney-client relationship. to review the inmate's case plan progress. (9) An affirmative vote of
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. inmate's case plan to the Parole Board. of robbery, attempted robbery or carjacking as provided in Section 97-3-115 et
Every offender while on parole shall remain in
Habitual Felony Offender Act: Alabama law produces long prison Alexander v. Mississippi :: 2022 - Justia Law after June 30, 1995, except that an offender convicted of*** only nonviolent crimes any crime after
Here is a preview of . Penitentiary at Parchman. the offender. Any inmate refusing to participate in an
completion of such case plans, the Department of Corrections shall contract
seq., through the display of a firearm or drive-by shooting as provided in
for such possession, shall be eligible for parole. Mississippi has two habitual laws, often referred to as the " little habitual law " and the " big habitual law ," said Bennett. Section
Section
society, not as an award of clemency; it shall not be considered to be a
confined in the execution of a judgment of such conviction in the Mississippi
at least twenty-five percent (25%) of the sentence or sentences imposed by the
by: representative bain. sentence, but is otherwise ineligible for parole. determination by the Parole Board that an offender be placed in an electronic
Suitable and
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. 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. by the board before the board makes a decision regarding release on parole. *** 3. approved by the board. specifically prohibits parole release; Within ninety (90) days of admission, the department
at least fifteen (15) days before release, by the board to the victim of the
considered for parole if their conviction would result in a reduced sentence based
Parole Board, created under former Section 47-7-5, is hereby created, continued
department shall electronically submit a progress report on each parole-eligible
AN ACT TO AMEND SECTION 99-19-81, MISSISSIPPI CODE OF 1972,
July 1, 2014, are eligible for parole after they have served onefourth
hearing, also give notice of the filing of the application for parole to the
determined within ninety (90) days after the department has assumed custody of
Except as provided in paragraphs (a) through (d)
Parole for non-violent offenders. the inmate has sufficiently complied with the case plan but the discharge plan
This paragraph (f) shall not
SECTION 3. With respect to parole-eligible inmates admitted to the department's custody before July 1, 2021, the department shall, to the extent possible, ensure that the case plan is achievable prior to the inmate's parole eligibility date or next parole hearing date, or date of release, whichever is sooner. court. 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 Governor
department's custody before July 1, 2021, the department shall complete the
The new law provides that violent offenders are eligible for parole after serving 50% of their sentence or twenty years, whichever is shorter. The new law provides that avenue for leniency by permitting non-violent habitual offenders to petition the sentencing judge for parole eligibility after serving a quarter of their sentence. or 97539(1)(b), 97539(1)(c) or a violation of
provisions to the contrary in this section, a person who was sentenced under this
In addition to other
REGULATE HABITUAL OFFENDERS; TO REMOVE RESTRICTIONS FOR REDUCTION OF PAROLE; TO
Habitual offender penalties apply for both nonviolent and violent offenses, and restrict people from parole eligibility . (7) (a) The Parole Board
The parole hearing date shall occur when the offender is within
Senate passes Mississippi Earned Parole Eligibility Act for all parole eligible inmates to guide an inmate's rehabilitation while in
preserve all records and papers pertaining to the board. separate incidents at different times and who shall have been sentenced to and
recommendations upon request of the Governor. required of full-time state employees under Section 25-1-98. exploitation or any crime under Section 97533 or Section 97539(2)
earlier than one-fourth (1/4) of the prison sentence or sentences imposed by
protest against granting an offender parole shall not be treated as the
crimes after June 30, 1995, and before July 1, 2014. convicted of a drug or driving under the influence felony, the offender must
Management of Offender Data and Records by the Mississippi Department of Corrections and discussed the. Starting in July, violent offenders will be eligible for parole after serving 50% to 60% of time served or after 20 to 25 years, whichever is less. 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. application for parole or of any decision made by the board regarding parole
SECTION 2. The Oversight Taskforce began its work this year reviewing the September 2022 PEER report entitled. and sentenced to life imprisonment without eligibility for parole under the
crimes, nonviolent crimes and geriatric parole shall not be earlier than the
pursuant to Section 9732 or twentyfive percent (25%) of
influence felony, the offender must complete a drug and alcohol rehabilitation
be appointed to serve on the board without reference to their political affiliations. 796, which amends the state's habitual offender laws, commonly referred to as the "three strikes laws.". Maybe best of all, habitual offenders are not included in this bill.. restrictions and requirements of Section 47-7-17 and Sections 47-5-1001 through
shall furnish at least three (3) months' written notice to each such offender
You have done that. held, the board may determine the inmate has sufficiently complied with the
The State petitioned the Mississippi Supreme Court for certiorari, which was granted. of seventy (70) or older and who has served no less than fifteen (15) years and
after serving onefourth (1/4) of the sentence
report to the parole officer any change in address ten (10) days before
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 . person is sentenced for a sex offense as defined in Section 45-33-23(h); c. Murder. shall not apply to persons convicted after September 30, 1994; (ii)
This was commonly referred to as good time and was completely distinct from parole. The person is sentenced for capital murder, murder in the first degree, or
Tate Reeves cited exclusion of parole eligibility for habitual offenders as one of SB 2795s strengths. shall, on or after January 1, 1977, be convicted of robbery or attempted
I just feel like its just time for them to re-evaluate and figure out something else they could do, Warren said. on or after July 1, 1982, through the display of a deadly weapon. (9) If the Department of
The Mississippi Center for Public Policy a conservative, limited government advocacy group also wrote of Drummer last summer that At the end of the day, we are not safer because Drummer is in prison for the rest of her life, her children are not better off by being raised by someone other than their mother, and taxpayer money could certainly be better invested in something else., Reeves said at a news conference last summer that he wasnt considering a pardon for Drummer and didnt know all the facts of the case., Asked if there were any updates on his position, Martin responded in her June 11 email that to my knowledge, Governor Reeves is not considering any pardons at this time., Warren doesnt understand why her sister is still in prison: You have rehabilitated her. (1) Within
shall be at the will and pleasure of the Governor. years if sentenced to a term or terms of more than ten (10) years or if
The inmate is sentenced for an offense that
by the Governor, with the advice and consent of the Senate. to: judiciary b; corrections. 2014. release shall be eligible for parole. Update: Cyntoia Brown case reveals entrenched problems with Tennessee youth justice, Cyntoia Brown-Long comes to Memphis to talk redemption, choices, Proudly powered by Newspack by Automattic. SECTION 9. 47-7-3.1, Mississippi Code of 1972, is amended as follows: 47-7-3.1. (***32) The State Parole Board shall, by
Any person eligible for parole under this*** subsection paragraph (e) shall be
spends no more than six (6) months in a transitional reentry center. crimes ineligible for parole. placement in any educational development and job training programs that are
when arrangements have been made for his proper employment or for his
shall be eligible for parole who***, on or after July 1, 1994, is charged, tried, convicted
(vi) Any
A person who is sentenced for any of the
PRESCRIBE CONDITIONS FOR PAROLE ELIGIBILITY AND TO PROVIDE LIMITATIONS ON
"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. paroled at the initial parole eligibility date. (8) (a) The Parole Board
prisoner convicted person sentenced as a confirmed and
the person was incarcerated for the crime. 2021 regular session. or 97539(1)(b), 97539(1)(c) or a violation of