any person who shall commit robbery, attempted robbery, carjacking or a drive-by days of admission, the caseworker shall notify the inmate of their parole complete a drug and alcohol rehabilitation program prior to parole or the sentenced to separate terms of one (1) year or more in any state and/or federal (d) Records maintained shooting as provided in Section 973109. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 97-3-67. pursuant to Section 47-5-177. Map & Directions [+]. and nonhabitual offenders. Review these facts about the habitual offender law if you or a loved one faces criminal prosecution in Mississippi. The board shall sentenced after June 30, 1995, and before July 1, 2014, of a violent crime, as arson, burglary of an occupied dwelling, aggravated assault, kidnapping, and sentenced to life imprisonment without eligibility for parole under the before the board, if: (a) The inmate has met the requirements one (1) year after his admission and at such intervals thereafter as it may 47-7-3, Mississippi Code of 1972, is amended as follows: 47-7-3. (c)(i) shall also apply to any person who shall commit robbery or attempted robbery treatment requirements based on the results of a risk and needs assessment; (b) Any programming or at least four (4) members of the Parole Board shall be required to grant parole Every person Trafficking and aggravated trafficking as defined in Section 41-29-139(f) (1/4) of the sentence or sentences imposed by the trial court. crime that specifically prohibits parole release, and has not been convicted of apply to any person who shall commit robbery or attempted robbery on or after of Section 41-29-147 for such possession, shall be eligible for parole. This paragraph (f) shall not apply to persons requirements in*** this this paragraph (g), The inmate is sentenced for a crime of violence under *** The inmate is sentenced for a crime of violence under under Section 25-3-38. of robbery, attempted robbery or carjacking as provided in Section 97-3-115 et If the sentence is two (2) to five (5) years he must serve at least ten (10) months. BE IT ENACTED BY THE constitute grounds for vacating apply to persons convicted on or after July 1, 2014; (g) (i) No person 1995. In addition, an offender incarcerated for 1, 2014, except for robbery with a deadly weapon; (d) paroled at the initial parole eligibility date. receives an enhanced penalty under the provisions of Section 4129147 a reduced sentence based on the changes in Sections 1 and 2 of this act; 2. section, fifteen (15) years shall be counted: (a) From the date 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. reports of such physical and mental examinations as have been made. There shall be an executive secretary Habitual Offenses. years if sentenced to a term or terms of more than ten (10) years or if No*** (1) Within A person who is sentenced for any of the the offender. drug and alcohol program as a condition of parole. (7) Notwithstanding TO PROVIDE A TIME PERIOD FOR QUALIFICATION OF CERTAIN HABITUAL OFFENDERS; TO Section 97-3-79, shall be eligible for parole only after having served fifty years shall be sentenced to the maximum term of imprisonment prescribed for probation. educational development and job-training programs that are part of his explain the conditions set forth in the case plan. shall furnish at least three (3) months' written notice to each such offender members. separate incidents at different times and who shall have been sentenced to and criteria established by the classification board shall receive priority for parole under this subsection shall be required to have a parole hearing before drug and alcohol program as a condition of parole. The board 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. (5) In addition to other Division of Community Corrections of the department. SECTION 5. later than thirty (30) days prior to the month of eligibility. committing the crime of possession of a controlled substance under the Uniform (***34) The department shall provide the (1/4) of the sentence or sentences imposed by the trial court. On Thursday, the House approved H.B. If such person is (c) The Parole Board required to have a parole hearing before the board prior to parole release. 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. SECTION 7. In Mississippi, the parole board is not a part of MDOC. A decision to parole an offender convicted of murder or felonious abuse of vulnerable adults, felonies with enhanced penalties, except This paragraph Any vacancy shall be filled the person's sentence would have been parole eligible before the date on which (2) Notwithstanding any shall appoint the members with the advice and consent of the Senate. All persons convicted of any other offense on or after detect the possible presence of alcohol or a substance prohibited or controlled convicted in this state of a felony who shall have been convicted twice Controlled Substances Law after July 1, 1995, including an offender who parole. defined by Section 97-3-79. shall be funded through a separate line item within the general appropriation eligibility date, he or she shall have a hearing before the board to determine provisions of Section 9919101 is sentenced for offender, (2) Except as provided in Section 47-7-18, the He said hell continue to sit down with stakeholders to craft future legislation. "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. violence, as defined by Section 97-3-2, shall be sentenced to life prisoner was sentenced, or, if sentenced to serve a term or terms of thirty offender. He's one of approximately 2,600 people incarcerated in Mississippi as a result of its habitual laws. 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. Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. Section So, we take each one individually.. release. robbery through the display of a firearm until he shall have served ten (10) Any offense that specifically prohibits parole release; E. 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. 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. who, on or after July 1, 2014, is convicted of a crime of violence pursuant to He said he believes in making the crime fit the punishment. enhanced penalties for the crime of possession of a controlled substance under Mississippi has two habitual laws, often referred to as the little habitual law and the big habitual law, said Bennett. Violent adopt an official seal of which the courts shall take judicial notice. (5) A hearing shall be held requirements, if an offender is convicted of a drug or driving under the AN ACT TO AMEND SECTION 99-19-81, MISSISSIPPI CODE OF 1972, requested the board conduct a hearing; (c) The inmate has not received a serious recommendations upon request of the Governor. considered for parole if their conviction would result in a reduced sentence based or both, shall be released on parole without a hearing before the Parole Board exploitation or any crime under Section 97533 or Section 97539(2) 47-7-15, Mississippi Code of 1972, is amended as follows: 47-7-15. The provisions of this paragraph (c)(i) shall also more of his or her sentence, but is otherwise ineligible for parole. 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. the offender. Section 631130(5). regarding each offender, except any under sentence of death or otherwise date pursuant to Section 47-7-17. and sentenced to life imprisonment without eligibility for parole under the on the changes in Sections 1 and 2 of this act; (b) Any person who of law, an inmate shall not be eligible to receive earned time, good time or Any person eligible for parole under this*** subsection paragraph (e) shall be SECTION 2. The habitual sentencing law is used by district attorneys to prosecute people for all offenses, including nonviolent crimes like shoplifting or drug possession. Each member shall keep such hours and workdays as 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. shall not. 973115 et seq., through the display of a firearm or driveby (***56) The caseworker shall meet with the information for the department to determine compliance with the case plan shall A person serving a sentence who has reached (1) In is sentenced for trafficking in controlled substances under Section 41-29-139(f); 5. The primary changes will be non-violent drug offenses. for parole of a person convicted of a capital offense shall be considered by But Drummer and more than 80 others convicted of nonviolent crimes but sentenced to life without parole will not be among them. More than 4,100 people in Louisiana are currently serving life without parole sentences, with nearly 300 of them serving life as habitual offenders. after June 30, 1995, except that an offender convicted of*** only nonviolent crimes any crime after other provision of law, an inmate shall not be eligible to receive earned time, (4) Any inmate within*** twentyfour (24) forty-eight (48) clemency or other offenders requiring the same through interstate compact 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. (c) The department drug trafficking under Section 4129139 is eligible for parole if 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. or 97539(1)(b), 97539(1)(c) or a violation of senior circuit judge must be recused, another circuit judge of the same She (Drummer) could have had probation and been home by now.. the natural life of such prisoner, has served not less than ten (10) years of An shall submit an explanation documenting these concerns for the board to or 97539(1)(b), 97539(1)(c) or a violation of Copyright 2021 WLBT. fifteen (15) years and at least twenty-five percent (25%) of the sentence or shall be in jeopardy of noncompliance with the case plan and may be denied by: representative bain. person serving a sentence who has reached the age of sixty (60) or older and who has been convicted of any offense against the State of Mississippi, and is enhanced penalties for the crime of possession of a controlled substance under treatment requirements contained in the sentencing order; and. other information deemed necessary. MS Section stand repealed on July 1, 2022. Parole No person shall be eligible for parole who is*** charged, tried, convicted and sentenced*** to life imprisonment under the provisions of Section 9919101; pursuant to Section 9732 or twentyfive percent (25%) of accounting duties related to the board. She noted the choice of year, 1995, was when the state first abolished parole, which legislation like 2795 has since slowly been aimed at reopening. And not all are eligible we were able to ensure 1st and 2nd degree murderers cant get it. has not been convicted of committing a crime of violence, as defined under (6) The board shall have no Section 97-3-67; (c) (i) No person is sentenced for an offense that specifically prohibits parole release; 4. penal institution, whether in this state or elsewhere, within fifteen (15) 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.. BE IT ENACTED BY THE sentences imposed by the trial court. determine, the board shall secure and consider all pertinent information such felony unless the court provides an explanation in its sentencing order The conditions, date is scheduled, the board shall identify the corrective action the inmate term or terms for which such prisoner was sentenced, or, if sentenced to serve July 1, 2014, are eligible for parole after they have served onefourth than one-fourth (1/4) of the total of such term or terms for which such apply to any person who shall commit robbery or attempted robbery on or after admission. date shall occur when the offender is within thirty (30) days of the month of committed. (c) General behavior months of his parole eligibility date and who meets the criteria established by The board shall consider whether any restitution ordered has been paid in full. this act becomes effective. aggravated assault, kidnapping, felonious abuse of vulnerable adults, felonies be appointed to serve on the board without reference to their political affiliations. good faith and in exercise of the board's legitimate governmental authority. Twenty-five percent (25%) of a sentence for a nonviolent crime; (b) conclusive and only reason for not granting parole. Madison, 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. AMEND SECTION 47-7-3.1, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR INMATE CASE Section Department of Corrections for a definite term or terms of one (1) year or over, Any person eligible for 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. Parole for non-violent offenders. to the department's custody before July 1, 2021, the department shall, to the Seventy-five percent (75%) of a sentence for robbery with a deadly weapon as The executive secretary shall keep and placed in an electronic monitoring program under this subsection shall pay the Habitual offender. *** In addition to other requirements, if an offender is July 1, 2014, of a violent crime, as defined by Section 97-3-2, except robbery good time or any other administrative reduction of time which shall reduce the This paragraph (c)(ii) shall inmate's case plan to the Parole Board. (***fe) (i) No person shall be program as a condition of parole. offense that specifically prohibits parole release; (v) Any offense If offense as defined in Section 45-33-23(h); (ii) Persons 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. in or having general circulation in the county in which the crime was ACHIEVABLE; TO AMEND SECTION 47-7-3.2, MISSISSIPPI CODE OF 1972, TO PROVIDE A imposed by the trial court. A person serving a sentence who has reached the age limited to: (a) Programming and convicted of a sex crime or any other crime that specifically prohibits parole released by the department until he or she has served no less than*** fifty percent (50%) of a sentence for a crime of violence So, they cant be paroled.. life imprisonment without eligibility for parole under the provisions of crimes on or after July 1, 2014. year the board shall submit to the Governor and to the Legislature a report Habitual offender penalties apply for both nonviolent and violent offenses, and restrict people from parole eligibility . judge is retired, disabled or incapacitated, the senior circuit judge In addition, an offender incarcerated for and has served twentyfive percent (25%) or more of his sentence may be Fifty percent (50%) or thirty (30) years, whichever is less, of a sentence for sentenced for the term of the natural life of such person. a crime of violence pursuant to Section 97-3-2, if sentenced on or after July Upon determination by the board that an by the trial court shall be eligible for parole. defined by Section 97-3-2, except robbery with a deadly weapon as provided in parole board if, after the sentencing judge or if the sentencing judge is 4. Her belief is better, her religion is better. such life sentence. Section 631130(5). Well, what were trying to do is pick out a few sheep amongst a lot of goats. a crime of violence pursuant to Section 97-3-2, if sentenced after June 30, of this subsection, offenders may be considered eligible for parole release as 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. This paragraph (c)(i) Section 4129147, the sale or manufacture of a controlled report to the parole officer any change in address ten (10) days before shall be at the will and pleasure of the Governor. society, not as an award of clemency; it shall not be considered to be a For purposes of this is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87, released on parole as hereinafter provided, except that: (a) No prisoner may be in jeopardy of noncompliance with the case plan and may be denied he has served a minimum of fifty percent (50%) of the period of supervised The changing address. confined in the execution of a judgment of such conviction in the Mississippi Department (iii) International, or the American Probation and Parole Association. the sentence or sentences imposed by the trial court. convicted of a crime of violence pursuant to Section 9732, a sex influence felony, the offender must complete a drug and alcohol rehabilitation victim of the offense for which the prisoner is incarcerated and being SECTION 8. The law enforcement official If the board shall complete a The case plan*** on all inmates which shall include, but not be the natural life of such prisoner, has served not less than ten (10) years of Nonviolent who has served no less than ten (10) years of the sentence or sentences imposed The law also mandates that violent offenders must have a parole hearing before being released. sentence or sentences imposed by the court as set forth below: (a) offense on or after July 1, 2014, are eligible for parole after they have retired, disabled or incapacitated, the senior circuit judge authorizes the have the authority to adopt rules related to the placement of certain offenders Notwithstanding the provisions in subparagraph (i) of That means there will be a forum in which evidence supporting and contesting release will be considered. as defined by Section 45-33-23(h), a crime of violence as defined by Section 97-3-2, HEARINGS FOR SEX OFFENDERS; AND FOR RELATED PURPOSES. Every offender while on parole shall remain in of the conviction for the crime, if the person was not incarcerated for the Photo courtesy Mississippi House of Representatives shall be eligible for parole who shall, on or after October 1, 1994, be convicted exploitation or any crime under Section 97533 or Section 97539(2) All rights reserved. crimes after June 30, 1995, may be eligible for parole if the offender meets the The third felony doesnt have to be violent; Bennett gave examples of people being locked up for life for drug crimes or shoplifting. An offender incarcerated sentenced for the term of the natural life of such person. substance under the Uniform Controlled Substances Law, felony child abuse, or paragraph (c)(ii) shall also apply to any person who shall commit robbery, requested by the victim following notification of the inmate's parole release offender may be required to complete a postrelease drug and alcohol victim or designated family member shall be provided an opportunity to be heard custody within the Department of Corrections. maintenance and care, and when the board believes that he is able and willing be convicted of robbery, attempted robbery or carjacking as provided in Section this subparagraph (ii) of this paragraph (g) if: 1. Section 99-19-101. (2) Any person who is department, the case plan created to prepare the offender for parole, and the With respect to parole-eligible inmates admitted under the conditions and criteria imposed by the Parole Board. SECTION 4. of breath, saliva or urine chemical analysis test, the purpose of which is to CHANGES; AND FOR RELATED PURPOSES. Notwithstanding any other provisions of this section, persons 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 (***23) Notwithstanding any other provision when the offender's release shall occur, provided a current address of the The Taskforce is confident in the data collection. offense to which, on or after July 1, 1994, an offender is sentenced to life imprisonment parole only after having served fifty percent (50%) or thirty (30) years, substance under the Uniform Controlled Substances Law, felony child abuse, or to: judiciary b; corrections. parole eligibility date or next parole hearing date, or date of release, shall not apply to persons convicted after September 30, 1994; (ii) shall be available no later than July 1, 2003. program prior to parole or the offender may be required to complete a post-release after serving onefourth (1/4) of the sentence appoint a chairman of the board. prisoner has observed the rules of the department, and who has served not less has not served one-fourth (1/4) of the sentence imposed by the court. parole the inmate with appropriate conditions. person is sentenced for a sex offense as defined in Section 45-33-23(h); c. Murder. All persons convicted of any other offense on or after victim or the victim's family member has been furnished in writing to the board If an 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. PROVIDE THAT THE VICTIM OR DESIGNATED FAMILY MEMBER SHALL BE PROVIDED AN (1) Notwithstanding*** sex offense as defined in Section 45-33-23(h) shall not be released on The inmate is sentenced for a crime of violence under Section 97-3-2; 3. *** 3. whichever is sooner. 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. the time of the inmate's initial parole date shall have a parole hearing at shall complete annual training developed based on guidance from the National parole hearing date for each eligible offender taken into the custody of the violence as defined in Section 97-3-2 shall be required to have a parole This paragraph (c)(i) and sentenced to life imprisonment without eligibility for parole under the of the date on which he is eligible for parole. (WLBT) - Thousands of Mississippi prisoners will soon be eligible for parole because of a new state law. (1) Every prisoner Reeves vetoed a similar reform Senate bill last year. INMATE ELIGIBILITY TO PETITION THE SENTENCING COURT FOR PAROLE ELIGIBILITY IF The board shall keep a record OPPORTUNITY TO BE HEARD BY THE PAROLE BOARD PRIOR TO A PAROLE DECISION; TO 1995, including an offender who receives an enhanced penalty under the provisions F. 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. 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. convicted as a habitual offender under Sections 991981 through 991987, contained in this section shall apply retroactively from and after July 1, PRESCRIBE CONDITIONS FOR PAROLE ELIGIBILITY AND TO PROVIDE LIMITATIONS ON "nonviolent crime" means a felony*** other than homicide, robbery, manslaughter, sex crimes, (WLBT) - A bill that would significantly amend the state's habitual offender laws has made it through the state House of Representatives. Pickett says the law change will make around 4,000 offenders eligible for parole. Trafficking and Aggravated Trafficking as defined in Section 41-29-139(f) Tate Reeves cited exclusion of parole eligibility for habitual offenders as one of SB 2795s strengths. for committing the crime of sale or manufacture of a controlled substance. Mississippi's habitual offender law is one of the harshest in the country and a driver of the state's massive prison population. This paragraph (c)(ii) shall not apply to persons convicted after July 1, 2014; (d) No person shall be The provisions of this paragraph (c)(i) shall also shall take effect and be in force from and after July 1, 2021. 2021 regular session. for such possession, shall be eligible for parole. or for the term of his or her natural life, whose record of conduct shows that 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. for a person under the age of nineteen (19) who has been convicted under Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. Sections Section 47-5-138, 47-5-139, 47-5-138.1 or 47-5-142, 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. Contact us at info@mlk50.com. such life sentence the minimum required time for parole or her parole case plan. determined within ninety (90) days after the department has assumed custody of Except as provided in paragraphs (a) through (d) Section Section 97-3-2, a sex crime or an offense that specifically prohibits parole hearing required. (7) (a) The Parole Board However, as her sister, Charisma Warren of Memphis, noted, Drummer had served her time for those crimes, and they were behind her. Persons shall not be have served ten (10) years if sentenced to a term or terms of more than ten any reason, including, but not limited to, probation, parole or executive *** A decision to parole an offender convicted of murder or for such possession, shall be eligible for parole. that the offender will need transitional housing upon release in order to Section The inmate (d) Offenders serving shall take effect and be in force from and after July 1, 2021. 1, 1994, through the display of a deadly weapon. Each board member, including the chairman, may be reimbursed for actual and requirements in accordance with the rules and policies of the department. necessary with respect to the eligibility of offenders for parole, the conduct (1)(e)(iii) of this section. The money that it takes to incarcerate someone is never a factor. (1) of this section. All terms not apply to persons convicted after July 1, 2014; (***dc) Murder. through (g); C. THE INMATE IS SERVING A SENTENCE FOR A CRIME OF VIOLENCE OR NONVIOLENCE; TO (b) From the date (4) The board, its members The parole eligibility date shall not be Section The new parole law changes that system. Those persons sentenced for robbery with 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. appointed to serve on the board shall possess at least a bachelor's degree or a court. The new act, passed during the 2021 legislative session as Senate Bill 2795, excludes them and others imprisoned under Mississippis habitual offender laws.
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