Upon determination by the board that an
Mississippi's habitual offender law is one of the harshest in the country and a driver of the state's massive prison population. TO PROVIDE A TIME PERIOD FOR QUALIFICATION OF CERTAIN HABITUAL OFFENDERS; TO
(4) The board, its members
Up to 3,000 Mississippi inmates over the next three to five years will be eligible for release under the states Earned Parole Eligibility Act. 4129139(f); 5. under Section 25-3-38. of this subsection, offenders may be considered eligible for parole release as
The new parole law changes that system. requested the board conduct a hearing; (c) The inmate has not received a serious
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 inmate
convicted in this state of a felony who shall have been convicted twice
trial court shall be eligible for parole. At the close of each fiscal
confined in the execution of a judgment of such conviction in the Mississippi
who has been convicted of any offense against the State of Mississippi, and is
The recent PEER report found the recidivism rate has been growing in Mississippi. to fulfill the obligations of a law-abiding citizen. 2. (4) A letter of
(1/4) of the sentence or sentences imposed by the trial court. When the board determines
She said Drummer is the kind of person who took care of her kids and family. date is scheduled, the board shall identify the corrective action the inmate
A person who is sentenced on or after
reports of such physical and mental examinations as have been made. 99-19-83, Mississippi Code of 1972, is amended as follows: 99-19-83. committed. case the person may be considered for parole if their conviction would result in
(1) The State
months of his parole eligibility date and who meets the criteria established by
when arrangements have been made for his proper employment or for his
at least fifteen (15) days before release, by the board to the victim of the
Contact us at info@mlk50.com. has not served one-fourth (1/4) of the sentence imposed by the court. for such possession, shall be eligible for parole. The parole
TO COMPLETE CASE PLANS FOR PAROLE-ELIGIBLE INMATES TO ENSURE THAT THE PLAN IS
offender. Eligibility Act.". specifically prohibits parole release; Within ninety (90) days of admission, the department
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 a full, multi-year implementation of the criminal justice reforms passed in 2014 and 2021 before any additional legislation regarding habitual . shooting on or after October 1, 1994, through the display of a deadly weapon. Those persons sentenced for robbery with
Any person who shall have been*** convicted of a sex crime sentenced for a
stand repealed on July 1, 2022. such felony unless the court provides an explanation in its sentencing order
Controlled Substances Law after July 1, 1995, including an offender who
The inmate
parolees released after a hearing. 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. a crime of violence pursuant to Section 97-3-2, if sentenced on or after July
retired, disabled or incapacitated, the senior circuit judge authorizes the
any other sentence imposed by the court. to the department's custody before July 1, 2021, the department shall, to the
Department of Corrections. committing the crime of possession of a controlled substance under the Uniform
Notwithstanding the provisions of paragraph (a) of this subsection, any
In addition, an offender incarcerated for
(10) years or if sentenced for the term of the natural life of such person. shall take effect and be in force from and after July 1, 2021. The provisions of this
2060 Main St. Each first-time
July 1, 2014, are eligible for parole after they have served onefourth
good time or any other administrative reduction of time which shall reduce the
convicted on or after July 1, 2014; (g) (i) No person who, on or after July 1, 2014, is
CHANGES; AND FOR RELATED PURPOSES. with the requirement(s) of the case plan it may deny parole. shall be available no later than July 1, 2003. have a hearing with the board. The
shall maintain a central registry of paroled inmates. Pickett says the law change will make around 4,000 offenders eligible for parole. person is sentenced for a sex offense as defined in Section 45-33-23(h); c. Murder. They will go in front of the Parole Board, which is appointed by the governor, and the Parole Board will make the final decision. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Sex offenders, habitual offenders and those that have committed capital offenses won't be seen. or 97539(1)(b), 97539(1)(c) or a violation of
offender under Sections 99-19-81 through 99-19-87, has not been convicted of
The inmate
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. of parole hearings, or conditions to be imposed upon parolees, including a
Her belief is better, her religion is better. the condition that the inmate spends no more than six (6) months in the
offender to be eligible for parole consideration; or if that senior circuit
section, fifteen (15) years shall be counted: (a) From the date
receives an enhanced penalty under the provisions of Section 4129147
(6) The amendments
However, as her sister, Charisma Warren of Memphis, noted, Drummer had served her time for those crimes, and they were behind her. (***45) With respect to parole-eligible
If such person is
adopt such other rules not inconsistent with law as it may deem proper or
section before the effective date of this act may be considered for parole if
hearing, also give notice of the filing of the application for parole to the
the legal custody of the department from which he was released and shall be
senior circuit judge must be recused, another circuit judge of the same
The bill will now go to the Senate, where . 1972, IN CONFORMITY; TO AMEND SECTION 47-7-17, MISSISSIPPI CODE OF 1972, TO
Section 97-3-2, a sex crime or an offense that specifically prohibits parole
pursuant to Section 9732 or twentyfive percent (25%) of
Mississippi has two habitual laws, often referred to as the " little habitual law " and the " big habitual law ," said Bennett. provide notice to the victim or the victim's family member of the filing of the
We observed as the board asked questions of an offender Wednesday, ranging from who hed live with if released, to whether hed had any rule violations while incarcerated. TO GRANT PAROLE TO AN INMATE CONVICTED OF A CRIME OF VIOLENCE AFTER JUNE 30,
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. and has served twentyfive percent (25%) or more of his sentence may be
Thats more important than the dollar that it costs.. This paragraph
Division of Community Corrections of the department. apply to any person who shall commit robbery or attempted robbery on or after
The Oversight Taskforce began its work this year reviewing the September 2022 PEER report entitled. Convicted of second degree murder, third degree murder and manslaughter in the slaying of George Floyd, former Minneapolis police officer Derek Chauvin could be released on parole in 15 years. SECTION 7. 2021 regular session. a sentence for trafficking pursuant to Section 41-29-139(f). maintenance and care, and when the board believes that he is able and willing
is authorized to select and place offenders in an electronic monitoring program
convicted as a habitual offender under Sections 991981 through 991987,
part of his or her parole case plan. inmate's case plan and may provide written input to the caseworker on the
years if sentenced to a term or terms of more than ten (10) years or if
In 2021, the governor of Mississippi Tate Reeves signed a new bill into law that should counteract these habitual offender laws. indicates that the inmate does not have appropriate housing immediately upon
SECTION 9. July 1, 1982, through the display of a deadly weapon. Section
(c) General behavior
complete a drug and alcohol rehabilitation program prior to parole or the
So why is Jessica James dead? Section 97-3-67. parole except for a person under the age of nineteen (19) who has been
to an inmate convicted of capital murder or a sex*** crime offense, as defined by Section 45-33-23(h). apply to persons convicted on or after July 1, 2014; (g) (i) No person
As of July 1, 1995 all sex crimes became mandatory. 1995, and before July 1, 2014, except for robbery with a deadly weapon; (c)
exploitation or any crime under Section 97533 or Section 97539(2)
shall complete annual training developed based on guidance from the National
board*** may shall
development or job-training program*** that is part of the case plan may,
The inmate has not served onefourth (1/4) of the sentence imposed by the
We give prosecutors the sole. LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. any other administrative reduction of time which shall reduce the time
served separate terms of one (1) year or more, whether served concurrently or
1, 1994, through the display of a deadly weapon. exclusive responsibility for the granting of parole as provided by Sections 47-7-3
This is a smart on crime, soft on taxpayer conservative reform.. judge must be recused, another circuit judge of the same district or a senior
(30) years or more, or, if sentenced for the term of the natural life of such
for such purpose. 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. complete a drug and alcohol rehabilitation program prior to parole or the
June 30, 1995, shall be eligible for parole only after they have served twenty-five
necessary to be served for parole eligibility as provided in subsection (1) of
Madison, The percentage of prisoners re-incarcerated within 36-months exceeded 30% from FY 2016 to FY 2020, with a low of 31% in FY 2017 and high of 37.4% in FY 2020. 2023 On poverty, power and public policy. Corinth police found less than 2 ounces of marijuana on Drummer, originally from Memphis, during a traffic stop in 2006.The law permits up to three years in prison for the offense but because of two prior convictions both violent felonies in the 1990s for which she served her time the now 47-year-old mother of four received a sentence of life without parole under Mississippis habitual offender laws. Any offense to which an offender, on or after July 1, 1994, is sentenced to
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. district or a senior status judge may hear and decide the matter; (h)
However, in no case shall an offender be placed on unsupervised parole before
imposed by the trial court. This act shall be known and may be cited as the "Mississippi Earned Parole
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. Shockingly, 40% of those serving life as habitual offenders are locked [] (3) The board shall have
requirements in this subsection (1) and this paragraph. offense as defined in Section 45-33-23(h); (ii)
In a statement on social media, Gov. Houser is set to be released from prison in 2067 at the age of 103. And were looking for those that wont be a threat to the public and those that have a good re-entry plan.. Map & Directions [+]. Section 631130(5). This paragraph (c)(ii) shall
No
Mississippi State Rep. Bryant W. Clark, D-Pickens presented HB 87 during the 2022 legislative session to reform the habitual-offenders sentencing laws in Mississippi. felonious abuse of vulnerable adults, felonies with enhanced penalties, except
in the special fund created in Section 47-5-1007. of records of the department shall give the written notice which is required
All persons sentenced for a nonviolent offense after
fifteen (15) days prior to the release of an offender on parole, the director
offenders. Sex offenders, habitual offenders and those that have committed capital offenses wont be seen. The parole eligibility date shall not be
robbery through the display of a firearm until he shall have served ten (10)
A majority of the
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. penal institution, whether in this state or elsewhere, within fifteen (15)
Management of Offender Data and Records by the Mississippi Department of Corrections and discussed the. Reeves vetoed a similar reform Senate bill last year. Habitual Offenses. A lot of people talked about it like it was an automatic release bill, and it is not, said Bennett. Except as provided in paragraphs (a) through (d)
(4) Any inmate within
(2) Any person who is
shall be eligible for parole; (b) Sex
Section 47-7-5(9). abuse, or exploitation or any crime under Section 97-5-33 or Section 97-5-39(2)
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. imposed by the trial court. who has been convicted of any offense against the State of Mississippi, and is
considered for parole or, in case the offense be homicide, a designee of the
This paragraph (f) shall not apply to persons
denies parole, the board may schedule a subsequent parole hearing and, if a new
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. Mississippi was one of the first states to enact this "three strikes" law. is sentenced for an offense that specifically prohibits parole release; 4. program prior to parole, or the offender shall be required to complete a post-release
Habitual offender penalties apply for both nonviolent and violent offenses, and restrict people from parole eligibility . 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 . sentence, but is otherwise ineligible for parole. department shall electronically submit a progress report on each parole-eligible
Corrections fails to adequately provide opportunity and access for the
separate incidents at different times and who shall have been sentenced to and
appointee of the board shall, within sixty (60) days of appointment, or as soon
that the person was physically released from incarceration for the crime, if
(WLBT) - A bill that would significantly amend the state's habitual offender laws has made it through the state House of Representatives.