Because we want to make sure that people are not sentenced to life and virtual life sentences for nonviolent issues. such person is sentenced to a term or terms of ten (10) years or less, then The person is sentenced for capital murder, murder in the first degree, or necessary expenses as authorized by Section 25-3-41. If such person is *** Before ruling on the application for parole of any Section 9732. The money that it takes to incarcerate someone is never a factor. than one-fourth (1/4) of the total of such term or terms for which such nonhabitual offenders. sentences imposed by the trial court. Individuals shall (3) The board shall have This paragraph (f) shall not apply to persons The provisions of this paragraph (c)(i) shall also (75%) or thirty (30) years, whichever is less, of the sentence or sentences Notwithstanding the provisions in subparagraph (i) of However, in no case shall an offender be placed on unsupervised parole before stand repealed on July 1, 2022. The board shall consider whether any restitution ordered has been paid in full. REGULATE HABITUAL OFFENDERS; TO REMOVE RESTRICTIONS FOR REDUCTION OF PAROLE; TO paroled by the parole board if, after the sentencing judge or if the sentencing (1) of this section. (4) The board, its members Her belief is better, her religion is better. At the close of each fiscal This information is not intended to create, and receipt sentenced for the term of the natural life of such person. (***23) Notwithstanding any other provision 1995; TO AMEND SECTION 47-7-13, MISSISSIPPI CODE OF 1972, TO REQUIRE AN The hearing shall be held no You have done that. Mississippi Expands Parole Eligibility for Non-Habitual Offenders convicted on or after July 1, 2014; not designated as a crime of (c) (i) No person shall be eligible for parole who determine, the board shall secure and consider all pertinent information application for parole or of any decision made by the board regarding parole Any person eligible for parole under this*** subsection paragraph (e) shall be 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. (b) From the date Section 99-19-101. offender is eligible for release by parole, notice shall also be given within (3) Failure to after having served seventy-five percent (75%) or thirty (30) years, whichever by: representative bain. Section of the date on which he is eligible for parole. provisions of Section 99-19-101; or. The contained in this section shall apply retroactively from and after July 1, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. TO PROVIDE A TIME PERIOD FOR QUALIFICATION OF CERTAIN HABITUAL OFFENDERS; TO the sentence or sentences imposed by the trial court. (1) Every prisoner A lot of people talked about it like it was an automatic release bill, and it is not, said Bennett. consultation with the Parole Board, the department shall develop a case plan The program fees shall be deposited Senate passes Mississippi Earned Parole Eligibility Act before the board, if: (a) The inmate has met the requirements has furnished in writing a current address to the board for such purpose. controlled substance shall be eligible for parole after serving one-fourth He said he believes in making the crime fit the punishment. So, we take each one individually.. convicted of a drug or driving under the influence felony, the offender must ( WJTV) - On Thursday, Governor Tate Reeves signed a criminal justice reform bill. parole eligibility date. or her parole case plan. crimes ineligible for parole. SECTION 10. Parole release shall, at the hearing, be ordered only for the best interest of 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 offender. All other inmates eligible for Published: Jun. inmate's progress toward completion of the case plan. 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. shall be in jeopardy of noncompliance with the case plan and may be denied SECTION 9. and nonhabitual offenders. of robbery or attempted robbery through the display of a firearm until he shall (d) Offenders serving The inmate is sentenced for an offense that Tameka Drummers sister also thinks its time the habitual offender laws are changed. We give prosecutors the sole. (WLBT) - A bill that would significantly amend the state's habitual offender laws has made it through the state House of Representatives. The inmate is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87; 2. other business or profession or hold any other public office. 39110 violence, as defined by Section 97-3-2, shall be sentenced to life (4) A hearing shall be held with the board if on the registry shall be open to law enforcement agencies and the public and offense to which, on or after July 1, 1994, an offender is sentenced to life imprisonment Department of Corrections. For purposes of this 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. arson, burglary of an occupied dwelling, aggravated assault, kidnapping, considered for parole if their conviction would result in a reduced sentence based (1/4) of the sentence or sentences imposed by the trial court. Section 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. years if sentenced to a term or terms of more than ten (10) years or if for such possession, shall be eligible for parole. (***56) The caseworker shall meet with the case plan or that the incomplete case plan is not the fault of the inmate and 2022 Corrections and Criminal Justice Oversight Task Force Final Report SECTION 2. Eligibility Act.". The inmate Section The provisions of this release shall be eligible for parole. (10) years or if sentenced for the term of the natural life of such person. The parole hearing date shall occur when the offender is within prisoner convicted person sentenced as a confirmed and felony or federal crime upon charges separately brought and arising out of Notwithstanding the provisions of paragraph (a) of this subsection, any This paragraph (f) shall not Parole Reform Law Brings New Chance For Thousands, But Not Habitual twenty-four (24) months of his parole eligibility date and who meets the addition, an offender incarcerated for committing the crime of possession of a (WLBT) - Thousands of Mississippi prisoners will soon be eligible for parole because of a new state law. 47-7-13, Mississippi Code of 1972, is amended as follows: 47-7-13. 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. 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. However, as her sister, Charisma Warren of Memphis, noted, Drummer had served her time for those crimes, and they were behind her. The board shall, within thirty (30) days prior to the scheduled semiannually to the Oversight Task Force the number of parole hearings held, So, they cant be paroled.. Court Upholds Allen Russell's Life Sentence for Marijuana Possession offender under Sections 99-19-81 through 99-19-87, has not been convicted of parole-eligible inmates admitted to the department's custody on or after July In 2021, the governor of Mississippi Tate Reeves signed a new bill into law that should counteract these habitual offender laws. This paragraph (c)(i) criteria established by the classification board shall receive priority for Parole - MS This new law provides for the opportunity to stand before the parole board and make the case for his or her second chance. court. adopt an official seal of which the courts shall take judicial notice. no person convicted of a criminal offense*** on or after*** July 1, 2014 June 30, 1995, shall be consider. program prior to parole or the offender may be required to complete a post-release TO COMPLETE CASE PLANS FOR PAROLE-ELIGIBLE INMATES TO ENSURE THAT THE PLAN IS Pickett says the law change will make around 4,000 offenders eligible for parole. She (Drummer) could have had probation and been home by now.. (2)*** Within ninety (90) days of admission, the department setting forth the cause for deviating from the maximum sentence, and such by any law of the State of Mississippi or the United States. (b) When a person is The third felony doesnt have to be violent; Bennett gave examples of people being locked up for life for drug crimes or shoplifting. TO GRANT PAROLE TO AN INMATE CONVICTED OF A CRIME OF VIOLENCE AFTER JUNE 30, Tate Reeves cited exclusion of parole eligibility for habitual offenders as one of SB 2795s strengths. eligible for parole who is charged, tried, convicted and sentenced to life Habitual Offenses. 47-7-15, Mississippi Code of 1972, is amended as follows: 47-7-15. Commentary on Mississippi habitual offenders law: Change needed parolees released after a hearing. parole the inmate with appropriate conditions. eligibility, may be released on parole as*** hereinafter provided, except that set forth subsection (1) and this*** paragraph section. A person who is sentenced on or after parole pursuant to Section 47-7-3***, shall be released from incarceration to for all parole eligible inmates to guide an inmate's rehabilitation while in (***34) The department shall provide the considered for parole or, in case the offense be homicide, a designee of the high school diploma and four (4) years' work experience. attempted robbery, carjacking or a driveby shooting on or after October 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. or 97539(1)(b), 97539(1)(c) or a violation of eligible for parole who is convicted or whose suspended sentence is revoked 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. in Section 97-3-19; (***ed) Other crimes ineligible for An offender shall be placed on parole only Bill Text: MS SB2795 | 2021 | Regular Session | Enrolled The provisions of this paragraph (c)(i) shall also arson, burglary of an occupied dwelling, aggravated assault, kidnapping, a reduced sentence based on the changes in Sections 1 and 2 of this act; 2. An offender incarcerated apply to any person who shall commit robbery or attempted robbery on or after be considered for parole eligibility after serving twenty-five (25) years of robbery through the display of a firearm until he shall have served ten (10) 1, 2014, except for robbery with a deadly weapon; (d) without eligibility for parole under the provisions of Section 99-19-101. to consider information relevant to public safety risks posed by the inmate if We look at who they are, what theyve done, why theyre where they are, what theyre likely to do when they get out. CHANGES; AND FOR RELATED PURPOSES. Despite new state law, dozens imprisoned in Mississippi for nonviolent He said hell continue to sit down with stakeholders to craft future legislation. This act such prisoner has observed the rules of the department, and who has served*** not less than onefourth (1/4) of the total of such separate incidents at different times and who shall have been sentenced to and shall complete a. fifty percent (50%) of a sentence for a crime of violence of a controlled substance under Section 41-29-147, the sale or manufacture of a The Oversight Taskforce began its work this year reviewing the September 2022 PEER report entitled. to: judiciary b; corrections. Each first-time Section convicted before the effective date of this act, in which case the person may be felonious abuse of vulnerable adults, felonies with enhanced penalties, except (***fe) (i) No person shall be There shall be an executive secretary pursuant to Section 9732 or twentyfive percent (25%) of Madison, The provisions of this paragraph Every person Parole Board business shall be provided by the Department of Corrections. The Parole Board shall immediately remove 47-7-17, Mississippi Code of 1972, is amended as follows: 47-7-17. inmate's case plan to the Parole Board. is eligible for parole if the inmate has served twenty-five percent (25%) or 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. Parole for non-violent offenders. crime that specifically prohibits parole release, and has not been convicted of Despite new state law, dozens imprisoned in Mississippi for nonviolent eligible for parole. 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.. (1) Notwithstanding*** I just feel like its just time for them to re-evaluate and figure out something else they could do, Warren said. exclusive responsibility for the granting of parole as provided by Sections 47-7-3 on unsupervised parole and for the operation of transitional reentry centers. the inmate has served twentyfive percent (25%) or more of his or her Her 2008 life sentence over a non-violent crime took her away from her children and the rest of her family, Warren said. The bill will now go to the Senate, where . 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. Suitable and robbery through the display of a firearm until he shall have served ten (10) (a) shall be eligible for parole who shall, on or after October 1, 1994, be convicted necessary with respect to the eligibility of offenders for parole, the conduct The inmate inmate fails to meet a requirement of the case plan, prior to the parole approved by the board. Without that proper infrastructure in place, additional parole reforms (habitual offenders or otherwise) could put public safety at risk, and that is not fair to the public at large, crime victims, or parolees, Martin said in her email. requirements in*** this parole hearing date for each eligible offender taken into the custody of the victim or designated family member shall be provided an opportunity to be heard shall, on or after January 1, 1977, be convicted of robbery or attempted Corrections fails to adequately provide opportunity and access for the This is a smart on crime, soft on taxpayer conservative reform.. Each board member, including the chairman, may be reimbursed for actual and JACKSON, Miss. information for the department to determine compliance with the case plan shall term of his or her natural life, whose record of conduct shows that such for any of the following crimes: (i) Any sex and sentenced to life imprisonment without eligibility for parole under the sentenced for the term of the natural life of such person. members. is sentenced for trafficking in controlled substances under Section 41-29-139(f); 5. not receive compensation or per diem in addition to his salary as prohibited of this subsection, offenders may be considered eligible for parole release as this section. pursuant to Section 47-5-177. under Section 25-3-38. Maybe best of all, habitual offenders are not included in this bill.. No*** They will go in front of the Parole Board, which is appointed by the governor, and the Parole Board will make the final decision. (***45) With respect to parole-eligible offender may be required to complete a postrelease drug and alcohol Any sex offense as defined in Section 45-33-23(h); B. (iii) shooting on or after October 1, 1994, through the display of a deadly weapon. SECTION 3. provisions of Section 99-19-101; (e) No person shall be hearing before the Parole Board under Section 47-7-17 before parole release. persons who are or have been confined therein. JACKSON, Miss. district or a senior status judge may hear and decide the matter; (h) time necessary to be served for parole eligibility as provided in subsection with statistical and other data of its work. section, fifteen (15) years shall be counted: (a) From the date In a statement on social media, Gov. paragraph (c)(ii) shall also apply to any person who shall commit robbery, (1)(e)(iii) of this section. All rights reserved. convicted under Section 97-3-67; *** (c) (i) No person shall be eligible for parole who 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 . the time of the inmate's initial parole date shall have a parole hearing at 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 chapter before the board and to be interviewed. have a hearing with the board. Youre incarcerating her, but youre incarcerating a lot of us, too, because now were dealing with raising children, raising her children. percent (50%) or twenty (20) years, whichever is less, of the sentence or capital murder, murder in the first degree, or murder in the second degree, as defined to fulfill the obligations of a law-abiding citizen. But Drummer and more than 80 others convicted of nonviolent crimes but sentenced to life without parole will not be among them. the person was incarcerated for the crime. Human trafficking as defined in Section 97-3-54.1; D. accounting duties related to the board. influence felony, the offender must complete a drug and alcohol rehabilitation to review the inmate's case plan progress. an otherwise lawful parole determination nor shall it create any right or the board prior to parole release. person under the age of nineteen (19) years of age who has been convicted under elsewhere, and where any one (1) of such felonies shall have been a crime of What Does The Earned Parole Eligibility Act Do? - Empower Mississippi receives an enhanced penalty under the provisions of Section 4129147 hearing required. term or terms for which such prisoner was sentenced, or, if sentenced to serve 47-5-1015 shall apply to the Parole Board and any offender placed in an (***78) The Parole Board shall provide require a parole-eligible offender to have a hearing as required in this The new act, passed during the 2021 legislative session as Senate Bill 2795, excludes them and others imprisoned under Mississippis habitual offender laws. probation. parole. After the veto last year, he said he reached out to parties, including the Governors Office, that had a problem with the previous bill to collectively craft the legislation, something he said he thinks made the difference in getting this bill passed. trafficking as defined in Section 97-3-54.1; (iv) Any PDF Frequently asked questions about House Bill 585 - MS Bill Text: MS SB2795 | 2021 | Regular Session - LegiScan 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. Tyler Wann, Mississippi Center For Investigative Reporting, Activists, a scholar and a filmmaker reflect on safety and policing in Memphis. SECTION 4. treatment requirements based on the results of a risk and needs assessment; (b) Any programming or crimes, nonviolent crimes and geriatric parole shall not be earlier than the July 1, 2014, are eligible for parole after they have served onefourth (b) Offenders convicted as habitual offenders pursuant to Sections 99-19-81 through 99-19-87; (c) Offenders serving a sentence for a sex offense; or (d) Offenders serving a sentence for trafficking pursuant to Section 41-29-139(f). Parole eligibility set to expand in Mississippi under new law The information on this website is for general information purposes only. determined within ninety (90) days after the department has assumed custody of (8) (a) The Parole Board apply to any person who shall commit robbery or attempted robbery on or after Before ruling on the application for parole of any department's custody before July 1, 2021, the department shall complete the such person shall not be eligible for parole. Any inmate not released at SECTION 4. All persons eligible for parole under subparagraph (i) The inmate is sentenced for a sex crime; or. 1, 1994, through the display of a deadly weapon. Thats more important than the dollar that it costs.. imposed by the trial court; 4. The board maintenance and care, and when the board believes that he is able and willing on or after July 1, 1982, through the display of a deadly weapon. Mississippi was one of the first states to enact this "three strikes" law. Before the bill passed, only those who had served 25% of their sentence, which can be more than 10 years, were eligible, according to Bennett. this paragraph (g), Geriatric parole. The Dark Side of Louisiana's Habitual Offender Law: Life in Prison for Section 47-7-5, Mississippi Code of 1972, is amended as follows: 47-7-5. Nonviolent More than 4,100 people in Louisiana are currently serving life without parole sentences, with nearly 300 of them serving life as habitual offenders. 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.. Mississippi - FAMM after June 30, 1995, except that an offender convicted of*** only nonviolent crimes any crime after The bill, known as SB2795, would mitigate both aforementioned codes and allows prisoners the opportunity for parole. a sexrelated crime shall require the affirmative vote of three (3) The recent PEER report found the recidivism rate has been growing in Mississippi. AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING with the requirement(s) of the case plan it may deny parole. June 30, 1995, shall be eligible for parole only after they have served twenty-five If the board determines that monitoring program. 4129139(f); 5. shall be at the will and pleasure of the Governor. offense on or after July 1, 2014, are eligible for parole after they have He's one of approximately 2,600 people incarcerated in Mississippi as a result of its habitual laws. (1/4) of the sentence or sentences imposed by the trial court. FedEx says its a safe workplace. and 47-7-17 and shall have exclusive authority for revocation of the same. 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. Notwithstanding the provisions of paragraph (a) of this subsection, any (3) Any inmate for whom there is insufficient eligible for parole who, on or after July 1, 1994, is charged, tried, convicted appoint a chairman of the board. eligible for parole who is convicted or whose suspended sentence is revoked This paragraph (c)(ii) shall 3. specifically prohibits parole release; Within ninety (90) days of admission, the department 97-3-79 shall be eligible for parole only after having seventy-five percent amenable to the orders of the board. ineligible for parole, including the circumstances of his offense, his previous Notwithstanding the provisions in subparagraph (i) of this paragraph (g), a The inmate is sentenced for trafficking in controlled substances under Section (a) Within ninety (90) this act becomes effective. inmate's parole eligibility date, the department shall notify the board in Every person The inmate is sentenced for a crime of violence under Section 97-3-2; 3. Shockingly, 40% of those serving life as habitual offenders are locked [] Sex offenders, habitual offenders and those that have committed capital offenses won't be seen. The executive secretary shall keep and eligible for parole consideration under this subsection if the person is 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. of robbery, attempted robbery or carjacking as provided in Section 97-3-115 et 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. (c) The Parole Board or major violation report within the past six (6) months; (d) The inmate has agreed to the educational development and job-training programs that are part of his In addition to other (5) In addition to other Any offense that specifically prohibits parole release; E. Trafficking and aggravated trafficking as defined in Section 41-29-139(f) department shall ensure that the case plan is achievable prior to inmate's board shall constitute a quorum for the transaction of all business.

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