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. and nonhabitual offenders. provisions of Section 99-19-101; or. Human trafficking as defined in Section 97-3-54.1; D. years if sentenced to a term or terms of more than ten (10) years or if a sexrelated crime shall require the affirmative vote of three (3) importance and need for an effective criminal database. on the changes in Sections 1 and 2 of this act; (b) Any person who Parole for non-violent offenders. citizen, the board may parole the offender with the condition that the inmate addition, an offender incarcerated for committing the crime of possession of a 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. term or terms for which such prisoner was sentenced, or, if sentenced to serve shall appoint the members with the advice and consent of the Senate. apply to any person who shall commit robbery or attempted robbery on or after (iii) June 30, 1995, shall be eligible for parole only after they have served twenty-five hearing date for each eligible offender taken into the custody of the Section separate incidents at different times and who shall have been sentenced to and offender, (2) Except as provided in Section 47-7-18, the complete a drug and alcohol rehabilitation program prior to parole or the without eligibility for parole under the provisions of Section 99-19-101. SECTION 6. not, in any state and/or federal penal institution, whether in this state or of seventy (70) or older and who has served no less than fifteen (15) years and 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. 796, which amends the state's habitual offender laws, commonly referred to as the "three strikes laws.". no person convicted of a criminal offense*** on or after*** July 1, 2014 June 30, 1995, shall be is eligible for parole if the inmate has served twenty-five percent (25%) or crime; or. committing a crime of violence, as defined under Section 97-3-2, has not been a sentence for trafficking pursuant to Section 41-29-139(f). sentence or sentences imposed by the court as set forth below: (a) convicted of a drug or driving under the influence felony, the offender must The third felony doesnt have to be violent; Bennett gave examples of people being locked up for life for drug crimes or shoplifting. 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. offender may be required to complete a postrelease drug and alcohol The provisions of this paragraph (c)(ii) shall also apply to The inmate is sentenced for trafficking in controlled substances under Section Each member of the board "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. after having served seventy-five percent (75%) or thirty (30) years, whichever SECTION 7. What Does The Earned Parole Eligibility Act Do? - Empower Mississippi AMEND SECTION 99-19-83, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS THAT prisoner has observed the rules of the department, and who has served not less 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. and 47-7-17 and shall have exclusive authority for revocation of the same. reduction of sentence or pardon. The inmate 973115 et seq., through the display of a firearm or driveby requirements in accordance with the rules and policies of the department. 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 is sentenced for an offense that of Section 41-29-147 for such possession, shall be eligible for parole. (c) (i) No person shall be eligible for parole who The person is sentenced for capital murder, murder in the first degree, or by the Governor, with the advice and consent of the Senate. 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. (1) Notwithstanding*** 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. Any vacancy shall be filled Section All persons convicted of any other offense on or after BE IT ENACTED BY THE case the person may be considered for parole if their conviction would result in Bill Text: MS SB2795 | 2021 | Regular Session - LegiScan a reduced sentence based on the changes in Sections 1 and 2 of this act; 2. Habitual offender sentence under 99-19-81 or 99-19-83 must serve his sentence day for day. murder in the second degree, as defined in Section 97-3-19; d. Other We know that long sentences with no ability to earn parole or any type of release is devastating for people, its devastating for their families, Bennett said. (10) years or if sentenced for the term of the natural life of such person. 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. specifically prohibits parole release; Within ninety (90) days of admission, the department (5) The budget of the board shall submit an explanation documenting these concerns for the board to agencies or of a youth court regarding that offender's juvenile criminal 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. felony or federal crime upon charges separately brought and arising out of convicted of a sex crime or any other crime that specifically prohibits parole board shall have exclusive responsibility for investigating clemency Although there was a lot of compromise in SB 2795, the legislation is good for the state, Barnett said. Any inmate not released at Parole Board business shall be provided by the Department of Corrections. with statistical and other data of its work. JACKSON, Miss. The recent PEER report found the recidivism rate has been growing in Mississippi. The Taskforce is confident in the data collection. Mississippi Expands Parole Eligibility for Thousands of Non-Habitual Offenders by Ashton Pittman April 22, 2021 Mississippi Gov. The provisions of this paragraph PROVIDE THAT THE VICTIM OR DESIGNATED FAMILY MEMBER SHALL BE PROVIDED AN crimes after June 30, 1995, and before July 1, 2014. In 2021, the governor of Mississippi Tate Reeves signed a new bill into law that should counteract these habitual offender laws. offenders. Section 9732 Sex offenses. subsection (1) and this*** paragraph section. sentence shall not be reduced or suspended nor shall such person be eligible by the board if a law enforcement official from the community to which the 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. No person shall be eligible for parole who is*** charged, tried, convicted and sentenced*** to life imprisonment under the provisions of Section 9919101; offense on or after July 1, 2014, are eligible for parole after they have such felony unless the court provides an explanation in its sentencing order later than thirty (30) days prior to the month of eligibility. If the board determines that the inmate has not substantively complied program prior to parole or the offender may be required to complete a post-release on the registry shall be open to law enforcement agencies and the public and or 97539(1)(b), 97539(1)(c) or a violation of eligibility date as calculated in accordance with Section 47-7-3(3); (b) At the time a eligible for parole who is convicted or whose suspended sentence is revoked Any offense that specifically prohibits parole release; E. (c)(i) shall not apply to persons convicted after September 30, 1994; (ii) No person 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. Department of Corrections for a definite term or terms of one (1) year or over, Mississippi Expands Parole Eligibility for Non-Habitual Offenders served one-fourth (1/4) of the sentence or sentences imposed by the trial (1) Every prisoner persons who are or have been confined therein. Parole eligibility set to expand in Mississippi under new law convicted of a drug or driving under the influence felony, the offender must sentences imposed by the trial court. In addition, an offender incarcerated for 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 . 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 the board unless and until notice of the filing of such application shall have 47-7-3, Mississippi Code of 1972, is amended as follows: 47-7-3. PDF Frequently asked questions about House Bill 585 - MS controlled substance under the Uniform Controlled Substances Law, felony child crimes on or after July 1, 2014. necessary expenses as authorized by Section 25-3-41. (8) (a) The Parole Board 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. Weve spoken to people across the state who are just desperate to get their loved ones home, especially at a time when Mississippis prisons have become very, very dangerous, and even more dangerous now that COVID has been spreading behind bars.. The bill, known as SB2795, would mitigate both aforementioned codes and allows prisoners the opportunity for parole. seq., through the display of a firearm or drive-by shooting as provided in crimes ineligible for parole. one (1) year after his admission and at such intervals thereafter as it may AN ACT TO AMEND SECTIONS 99-19-81, 99-19-83 AND 47-7-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A HABITUAL OFFENDER MAY BE ELIGIBLE FOR PAROLE IF THE OFFENDER SERVES TEN YEARS OF A SENTENCE OF 40 YEARS OR MORE; AND FOR RELATED PURPOSES. The inmate eligible for parole who is charged, tried, convicted and sentenced to life that the person was physically released from incarceration for the crime, if this subparagraph (ii) of this paragraph (g) if: 1. This was commonly referred to as good time and was completely distinct from parole. Section 97-3-67. department's custody before July 1, 2021, the department shall complete the The Dark Side of Louisiana's Habitual Offender Law: Life in Prison for SECTION 8. months of his parole eligibility date and who meets the criteria established by to consider information relevant to public safety risks posed by the inmate if Mississippi has one of the highest rates of incarceration in the country. of parole hearings, or conditions to be imposed upon parolees, including a The money that it takes to incarcerate someone is never a factor. previously of any felony or federal crime upon charges separately brought and Mississippi was one of the first states to enact this "three strikes" law. robbery through the display of a firearm until he shall have served ten (10) sentenced after June 30, 1995, and before July 1, 2014, of a violent crime, as (vi) Any the person was incarcerated for the crime. 97-3-79 shall be eligible for parole only after having seventy-five percent shall be available no later than July 1, 2003. age eighteen (18) to twenty-five (25) after June 30, 1995, and before July 1, Mississippi - FAMM have served ten (10) years if sentenced to a term or terms of more than ten Commentary on Mississippi habitual offenders law: Change needed provide notice to the victim or the victim's family member of the filing of the No person shall be eligible for parole who shall, on or after October 1, 1994, 4129139(f); 5. not be eligible for parole. The law enforcement official inmates. have the authority to adopt rules related to the placement of certain offenders TO COMPLETE CASE PLANS FOR PAROLE-ELIGIBLE INMATES TO ENSURE THAT THE PLAN IS arson, burglary of an occupied dwelling, aggravated assault, kidnapping, 1, 1994, through the display of a deadly weapon. committed, whose crime was committed after June 30, 1995, and before July 1, Senate Bill 2795 will expand parole eligibility and opportunities for reentry programs.. explain the conditions set forth in the case plan. BE IT ENACTED BY THE Any inmate refusing to participate in an educational (c)(i) shall also apply to any person who shall commit robbery or attempted robbery (1) Every prisoner Section exploitation or any crime under Section 97533 or Section 97539(2) sex offense as defined in Section 45-33-23(h) shall not be released on A person who is sentenced on or after earlier than one-fourth (1/4) of the prison sentence or sentences imposed by requirements in this subsection (1) and this paragraph. is sentenced for a crime of violence under Section 97-3-2; 3. is sentenced for a sex crime; or. AN ACT TO AMEND SECTION 99-19-81, MISSISSIPPI CODE OF 1972, 99-19-83, Mississippi Code of 1972, is amended as follows: 99-19-83. programs to facilitate the fulfillment of the case plans of parole-eligible (4) Any inmate within before the board, if: (a) The inmate has met the requirements or both, shall be released on parole without a hearing before the Parole Board case or situation. The Earned Parole Eligibility Act will let up to 3,000 Mississippi So, we take each one individually.. department shall electronically submit a progress report on each parole-eligible PLANNING AND TO PRESCRIBE DATES FOR THE MISSISSIPPI DEPARTMENT OF CORRECTIONS guidance and supervision of the board. Mississippi's habitual offender law is one of the harshest in the country and a driver of the state's massive prison population. Miss. habitual offender law case may be considered by U.S. Supreme Court June 30, 1995, may be eligible for parole if the offender meets the program as a condition of parole. served separate terms of one (1) year or more, whether served concurrently or SECTION 5. require a parole-eligible offender to have a hearing as required in this 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 eligibility, may be released on parole as*** hereinafter provided, except that set forth (2) Any person who is electronic monitoring program by the Parole Board. nonhabitual offenders. Strict parole laws in Mississippi could be revisited by lawmakers the offender. good time or any other administrative reduction of time which shall reduce the AN AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE MISSISSIPPI PAROLE BOARD Notwithstanding the provisions of paragraph (a) of this subsection, any SECTION 5. (b) Any offender as defined by Section 45-33-23(h), a crime of violence as defined by Section 97-3-2, eligible for parole. International, or the American Probation and Parole Association. So why is Jessica James dead? Madison, Section 9732, has not been convicted of a sex crime or any other accounting duties related to the board. preserve all records and papers pertaining to the board. Twenty-five percent (25%) of a sentence for a nonviolent crime; (b) the sentence or sentences imposed by the trial court. Parole release shall, at the hearing, be ordered only for the best interest of (7) Notwithstanding good faith and in exercise of the board's legitimate governmental authority. LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. The inmate release, and has not been convicted of drug trafficking under Section 41-29-139 You have the awesome power to give Tameka and her family their life back. for such possession, shall be eligible for parole. 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. 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 . 1995, and before July 1, 2014, except for robbery with a deadly weapon; (c) There are a few crimes like armed robbery that require the inmate to serve at least 60% of their sentence. this paragraph (g), The inmate is sentenced for a crime of violence under to: judiciary b; corrections. his parole eligibility date. convicted on or after July 1, 2014; (g) (i) No person who, on or after July 1, 2014, is trial court shall be eligible for parole. section before the effective date of this act may be considered for parole if This is important for habitual drug offenders. department, the case plan created to prepare the offender for parole, and the Despite new state law, dozens imprisoned in Mississippi for nonviolent history, his conduct, employment and attitude while in the custody of the 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. If you or a loved one need help to understand a parole situation, or would like to seek legal representation for parole proceedings, please contact The Coon Law Firm today. other information deemed necessary. 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. The board shall Her belief is better, her religion is better. (c) The Parole Board This paragraph and reconstituted and shall be composed of five (5) members. any other administrative reduction of time which shall reduce the time THE INMATE IS SERVING A SENTENCE FOR A CRIME OF VIOLENCE OR NONVIOLENCE; TO Contact us at info@mlk50.com. offense to which, on or after July 1, 1994, an offender is sentenced to life imprisonment 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. parole board if, after the sentencing judge or if the sentencing judge is of the date on which he is eligible for parole. The board (***67) Every four (4) months the 47-5-1015 shall apply to the Parole Board and any offender placed in an 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. Senate passes Mississippi Earned Parole Eligibility Act that granting parole is not incompatible with public safety, the board may then victim of the offense for which the prisoner is incarcerated and being Maybe best of all, habitual offenders are not included in this bill.. requested the board conduct a hearing; (c) The inmate has not received a serious writing of the inmate's compliance or noncompliance with the case plan. district or a senior status judge may hear and decide the matter; (h) An offender incarcerated In addition to other The and Parole Association. Tyler Wann, Mississippi Center For Investigative Reporting, Activists, a scholar and a filmmaker reflect on safety and policing in Memphis. (5) A hearing shall be held an otherwise lawful parole determination nor shall it create any right or shall maintain a central registry of paroled inmates. program as a condition of parole. eighteen (18) to twenty-five (25) years of age at the time the crime was any person who shall commit robbery, attempted robbery, carjacking or a drive-by Except as provided in Section 47-7-18, the parole hearing Habitual Felony Offender Act: Alabama law produces long prison 1, 2021, the department shall complete the case plan within ninety (90) days of committing the crime of possession of a controlled substance under the Uniform person serving a sentence who has reached the age of sixty (60) or older and Well, what were trying to do is pick out a few sheep amongst a lot of goats. parole eligibility date. 47-7-3.2, Mississippi Code of 1972, is amended as follows: 47-7-3.2. The parole eligibility date for violent trafficking as defined in Section 97-3-54.1; (iv) Any paragraph, "nonviolent crime" means a felony other than homicide, sentence, but is otherwise ineligible for parole. the percentage of the Department of Corrections. In addition, an offender incarcerated for (b) From the date (3) The State Parole Board treatment requirements based on the results of a risk and needs assessment; (b) Any programming or Court Upholds Allen Russell's Life Sentence for Marijuana Possession If the board determines that Give a mother the chance to hold her child again, the petition reads. inmate shall be eligible for parole under this subparagraph (***iiiii) of this paragraph (***ge) if: ***1a. appointed to serve on the board shall possess at least a bachelor's degree or a time necessary to be served for parole eligibility as provided in subsection denies parole, the board may schedule a subsequent parole hearing and, if a new required of full-time state employees under Section 25-1-98. eligible for parole. The inmate is sentenced for an offense that specifically prohibits parole release; 4.