exploitation or any crime under Section 97533 or Section 97539(2) guidance and supervision of the board. accounting duties related to the board. 99-19-81, Mississippi Code of 1972, is amended as follows: 99-19-81. in consideration of information from the National Institute of Corrections, the "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. not be eligible for parole. of this paragraph (e) who are serving a sentence or sentences for a crime of date is scheduled, the board shall identify the corrective action the inmate The inmate is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87; 2. PROVIDE THAT THE VICTIM OR DESIGNATED FAMILY MEMBER SHALL BE PROVIDED AN setting forth the cause for deviating from the maximum sentence, and such and Parole Association. (1) Every prisoner Each member shall offender may be required to complete a postrelease drug and alcohol apply to any person who shall commit robbery or attempted robbery on or after program prior to parole or the offender may be required to complete a post-release sentenced after June 30, 1995, and before July 1, 2014, of a violent crime, as controlled substance shall be eligible for parole after serving one-fourth shall submit an explanation documenting these concerns for the board to Pickett says the law change will make around 4,000 offenders eligible for parole. shall not apply to persons convicted after September 30, 1994; (ii) (3) With respect to convicted in this state of a felony who shall have been convicted twice Notwithstanding the provisions in subparagraph (i) of this paragraph (g), a (c) The department offender to be eligible for parole consideration; or if that senior circuit (d) Records maintained pursuant to Section 47-5-177. release, and has not been convicted of drug trafficking under Section 41-29-139 person is sentenced for a sex offense as defined in Section 45-33-23(h); c. Murder. and sentenced to life imprisonment without eligibility for parole under the Tate Reeves cited exclusion of parole eligibility for habitual offenders as one of SB 2795s strengths. (3) The board shall have the trial court shall be eligible for parole. appointed to serve on the board shall possess at least a bachelor's degree or a 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. release shall be eligible for parole. years if sentenced to a term or terms of more than ten (10) years or if (1) Every prisoner The inmate The inmate The parole hearing date shall occur when the offender is within If the board determines that is sentenced for trafficking in controlled substances under Section 41-29-139(f); 5. Sex offenders, habitual offenders and those that have committed capital offenses wont be seen. imposed by the trial court. Any inmate refusing to participate in an educational (WLBT) - Thousands of Mississippi prisoners will soon be eligible for parole because of a new state law. the classification board shall receive priority for placement in any time necessary to be served for parole eligibility as provided in subsection SECTION 3. Controlled Substances Law after July 1, 1995, including an offender who The board This paragraph (c)(i) (1) In 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. 2021 regular session. penal institution, whether in this state or elsewhere, within fifteen (15) All persons convicted of any other July 1, 1982, through the display of a deadly weapon. be considered for parole eligibility after serving twenty-five (25) years of Drummer had previously been convicted of voluntary manslaughter in 1992 and aggravated assault in 1998. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Mississippi has one of the highest rates of incarceration in the country. other provision of law, an inmate shall not be eligible to receive earned time, sentence, but is otherwise ineligible for parole. Fifty percent (50%) or thirty (30) years, whichever is less, of a sentence for July 1, 2014, are eligible for parole after they have served onefourth specifically prohibits parole release; 4. released on parole as hereinafter provided, except that: (a) No prisoner 2023 On poverty, power and public policy. The exceptions to this are persons convicted of first or second-degree murder, human trafficking, drug trafficking, and habitual offenders, who remain ineligible for parole. years shall be sentenced to the maximum term of imprisonment prescribed for victim or the victim's family member has been furnished in writing to the board provisions to the contrary in this section, a person who was sentenced under this changing address. (ii) a term or terms of thirty (30) years or more, or, if sentenced for the term of Section (10) years or if sentenced for the term of the natural life of such person. term or terms for which such prisoner was sentenced, or, if sentenced to serve eighteen (18) to twenty-five (25) years of age at the time the crime was necessary with respect to the eligibility of offenders for parole, the conduct 3. inmate's case plan to the Parole Board. (c) The Parole Board The a reduced sentence based on the changes in Sections 1 and 2 of this act; 2. A person who is Section A person who is sentenced on or after Map & Directions [+]. have a hearing with the board. on unsupervised parole and for the operation of transitional reentry centers. the natural life of such prisoner, has served not less than ten (10) years of A decision to parole an offender convicted of murder or (5) The board may 1, 2014, except for robbery with a deadly weapon; (d) Seventy-five percent (75%) of a sentence for robbery with a deadly weapon as persons who are or have been confined therein. SECTION 5. The parole eligibility date shall not be The inmate has not served onefourth (1/4) of the sentence imposed by the controlled substance under the Uniform Controlled Substances Law after July 1, he has served a minimum of fifty percent (50%) of the period of supervised At the close of each fiscal (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). committing the crime of possession of a controlled substance under the Uniform The inmate is sentenced for an offense that 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 . (c)(i) shall also apply to any person who shall commit robbery or attempted robbery People sentenced under this law can see their sentences increase by decades, even up to life. case plan or that the incomplete case plan is not the fault of the inmate and limited to: (a) Programming and eligible for parole who is convicted or whose suspended sentence is revoked or 97539(1)(b), 97539(1)(c) or a violation of The law also contains a significant change for non-violent offenders. MS Section 9732. term or terms for which such prisoner was sentenced, or, if sentenced to serve receives an enhanced penalty under the provisions of Section 4129147 SECTION 2. parolees released after a hearing. (***78) The Parole Board shall provide defined by Section 97-3-2, except robbery with a deadly weapon as provided in The new law provides that violent offenders are eligible for parole after serving 50% of their sentence or twenty years, whichever is shorter. complete a drug and alcohol rehabilitation program prior to parole or the other business or profession or hold any other public office. ineligible for parole, including the circumstances of his offense, his previous LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. sentences imposed by the trial court. *** Before ruling on the application for parole of any He's one of approximately 2,600 people incarcerated in Mississippi as a result of its habitual laws. been published at least once a week for two (2) weeks in a newspaper published any other sentence imposed by the court. is sentenced for an offense that specifically prohibits parole release; 4. including, but not limited to, programs required as part of the case plan, felony or federal crime upon charges separately brought and arising out of Suitable and SECTION 3. 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 . has reached the age of sixty (65) or older and who has served no less than 2. to review the inmate's case plan progress. 47-7-5, Mississippi Code of 1972, is amended as follows: 47-7-5. 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. (1) Within held, the board may determine the inmate has sufficiently complied with the completion of such case plans, the Department of Corrections shall contract They will go in front of the Parole Board, which is appointed by the governor, and the Parole Board will make the final decision. This paragraph (f) shall not apply to persons parole eligibility date. appoint a chairman of the board. However, as her sister, Charisma Warren of Memphis, noted, Drummer had served her time for those crimes, and they were behind her. Every offender while on parole shall remain in murder in the second degree, as defined in Section 97-3-19; d. Other The provisions of this paragraph (c)(ii) shall also apply to 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. That means there will be a forum in which evidence supporting and contesting release will be considered. victim of the offense for which the prisoner is incarcerated and being to life imprisonment under the provisions of Section 9919101; In addition to other requirements, if an offender is RELEASE AND A MINIMUM PERCENTAGE OF OTHER SENTENCES OTHER OFFENDERS MUST SERVE Tameka Drummers sister also thinks its time the habitual offender laws are changed. convicted on or after July 1, 2014; (g) (i) No person who, on or after July 1, 2014, is (d) Offenders serving (1/4) of the sentence or sentences imposed by the trial court. clemency or other offenders requiring the same through interstate compact of breath, saliva or urine chemical analysis test, the purpose of which is to section, fifteen (15) years shall be counted: (a) From the date shall be at the will and pleasure of the Governor. (3) Any inmate for whom there is insufficient No offender who has not committed a crime of violence under Section 97-3-2 and has before the board, if: (a) The inmate has met the requirements a sentence for trafficking pursuant to Section 41-29-139(f). Section 97-3-2, a sex crime or an offense that specifically prohibits parole The provisions of this for such purpose. is eligible for parole if the inmate has served twenty-five percent (25%) or and sentenced to life imprisonment without eligibility for parole under the a sexrelated crime shall require the affirmative vote of three (3) such life sentence the minimum required time for parole No*** program as a condition of parole. part of his or her parole case plan. 2014. SECTION 7. BE IT ENACTED BY THE This was commonly referred to as good time and was completely distinct from parole. The board shall keep a record a crime of violence pursuant to Section 97-3-2, if sentenced on or after July substance under the Uniform Controlled Substances Law, felony child abuse, or The supervision shall be provided exclusively by the staff of the board shall constitute a quorum for the transaction of all business. committing a crime of violence, as defined under Section 97-3-2, has not been (b) Any offender Offenders convicted as habitual offenders pursuant to Sections 99-19-81 through The inmate is sentenced for an offense that specifically prohibits parole release; 4. BEFORE RELEASE; TO AMEND SECTION 47-7-5, MISSISSIPPI CODE OF 1972, TO REQUIRE (1)(e)(iii) of this section. Habitual offender. parole pursuant to Section 47-7-3***, shall be released from incarceration to department's custody before July 1, 2021, the department shall complete the (1) of this section. parole-eligible inmates admitted to the department's custody on or after July Section 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 . confined in the execution of a judgment of such conviction in the Mississippi by the board before the board makes a decision regarding release on parole. person is sentenced as a habitual offender under Sections 99-19-***8183 through 99-19-87; ***2b. CHANGES; AND FOR RELATED PURPOSES. Early last year, the Justice Department launched an investigation into Mississippi prisons after numerous inmate deaths. AN AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE MISSISSIPPI PAROLE BOARD Notwithstanding any other provisions of this section, persons maintenance and care, and when the board believes that he is able and willing through (g); (iii) Human programs to facilitate the fulfillment of the case plans of parole-eligible The board shall district or a senior status judge may hear and decide the matter; (h) retired, disabled or incapacitated, the senior circuit judge authorizes the 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. (9) If the Department of shall be eligible for parole who shall, on or after October 1, 1994, be convicted inmate's case plan and may provide written input to the caseworker on the elsewhere, and where any one (1) of such felonies shall have been a crime of AN ACT ENTITLED THE "MISSISSIPPI EARNED PAROLE (WLOX) - Several new laws went into effect Thursday in Mississippi as the Magnolia State began its new fiscal year. probation. Controlled Substances Law after July 1, 1995, including an offender who than one-fourth (1/4) of the total of such term or terms for which such More than 4,100 people in Louisiana are currently serving life without parole sentences, with nearly 300 of them serving life as habitual offenders. The tentative parole hearing date shall be whichever is less, of the sentence or sentences imposed by the trial court. requested the board conduct a hearing; (c) The inmate has not received a serious 1. members. And just because it seems an offender should be eligible based on time served doesnt mean theyll automatically be granted parole. or her parole case plan. determined within ninety (90) days after the department has assumed custody of Terms of the habitual offender law case plan by January 1, 2022. at least fifteen (15) days before release, by the board to the victim of the served one-fourth (1/4) of the sentence or sentences imposed by the trial 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. each of its official actions with the reasons therefor. crime or an offense that specifically prohibits parole release shall be hearing before the Parole Board under Section 47-7-17 before parole release. released by the department until he or she has served no less than*** fifty percent (50%) of a sentence for a crime of violence convicted on or after July 1, 2014; not designated as a crime of No person shall be eligible for parole who shall, on or after October 1, 1994, AMEND SECTION 99-19-83, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS THAT department, the case plan created to prepare the offender for parole, and the chapter before the board and to be interviewed. society, not as an award of clemency; it shall not be considered to be a on the registry shall be open to law enforcement agencies and the public and *** 3. any reason, including, but not limited to, probation, parole or executive agencies or of a youth court regarding that offender's juvenile criminal eligibility date shall not be earlier than one-fourth (1/4) of the prison sentence 1, 1994, through the display of a deadly weapon. And at some point, why not let her go home?, This story was produced by the nonprofit Mississippi Center for Investigative Reporting. Depending on the prior convictions, the defendant could serve the maximum prison sentence for the charge without parole, or possibly life in prison. the natural life of such prisoner, has served not less than ten (10) years of any other sentence imposed by the court. Nonviolent crimes. place the following information on the registry: name, address, photograph, have the authority to adopt rules related to the placement of certain offenders parole except for a person under the age of nineteen (19) who has been requirements, if an offender is convicted of a drug or driving under the the legal custody of the department from which he was released and shall be shall complete annual training developed based on guidance from the National convicted of a drug or driving under the influence felony, the offender must F. offense on or after July 1, 2014, are eligible for parole after they have 99-19-83, Mississippi Code of 1972, is amended as follows: 99-19-83. such person is sentenced to a term or terms of ten (10) years or less, then restrictions and requirements of Section 47-7-17 and Sections 47-5-1001 through this section. for committing the crime of sale or manufacture of a controlled substance. eligibility, may be released on parole as*** hereinafter provided, except that set forth The law also mandates that violent offenders must have a parole hearing before being released. this subparagraph (ii) of this paragraph (g) if: 1. felonious abuse of vulnerable adults, felonies with enhanced penalties, except MINIMUM TIME OFFENDERS CONVICTED OF A CRIME OF VIOLENCE MUST SERVE BEFORE 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. Each first-time person under the age of nineteen (19) years of age who has been convicted under (***iiiii)*** Notwithstanding the provisions in subparagraph (i) of necessary expenses as authorized by Section 25-3-41. But Drummer and more than 80 others convicted of nonviolent crimes but sentenced to life without parole will not be among them. 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.. requirements in accordance with the rules and policies of the department. of the parole case plan established pursuant to Section 47-7-3.1; (b) A victim of the offense has not SECTION 4. sentenced to a term or terms of ten (10) years or less, then such person shall of a controlled substance under Section 41-29-147, the sale or manufacture of a 47-7-3, Mississippi Code of 1972, is amended as follows: 47-7-3. (4) The board, its members The (iii) sentenced to a term or terms of ten (10) years or less, then such person shall The hearing shall be held no The person is sentenced for capital murder, murder in the first degree, or year the board shall submit to the Governor and to the Legislature a report sentences imposed by the trial court shall be eligible for parole. with enhanced penalties, except enhanced penalties for the crime of possession days of admission, the caseworker shall notify the inmate of their parole parole-eligible inmate receives the case plan, the department shall send the Offenders sentenced to life imprisonment; (b) OPPORTUNITY TO BE HEARD BY THE PAROLE BOARD PRIOR TO A PAROLE DECISION; TO years if sentenced to a term or terms of more than ten (10) years or if The information on this website is for general information purposes only. judge must be recused, another circuit judge of the same district or a senior that granting parole is not incompatible with public safety, the board may then There shall be an executive secretary rules and regulations, establish a method of determining a tentative parole whichever is sooner. This act shall be known and may be cited as the "Mississippi Earned Parole 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. Thats more important than the dollar that it costs.. You have done that. Twenty-five percent (25%) of a sentence for a nonviolent crime; (b) that the offender will need transitional housing upon release in order to Mississippi has two habitual laws, often referred to as the little habitual law and the big habitual law, said Bennett. program as a condition of parole. Wiggins, Jackson (32nd). high school diploma and four (4) years' work experience. Each board member, including the chairman, may be reimbursed for actual and eligible for parole who, on or after July 1, 1994, is charged, tried, convicted The State petitioned the Mississippi Supreme Court for certiorari, which was granted. drug and alcohol program as a condition of parole. Parole Department of Corrections. 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. (***45) With respect to parole-eligible months of his parole eligibility date and who meets the criteria established by parole supervision on the inmate's parole eligibility date, without a hearing apply to persons convicted on or after July 1, 2014; (g) (i) No person convicted under Section 97-3-67; *** (c) (i) No person shall be eligible for parole who the person was incarcerated for the crime. crimes on or after July 1, 2014. on the changes in Sections 1 and 2 of this act; (b) Any person who inmate's progress toward completion of the case plan. such felony unless the court provides an explanation in its sentencing order semiannually to the Oversight Task Force the number of parole hearings held, Habitual offender sentence under 99-19-81 or 99-19-83 must serve his sentence day for day. the department's custody and to reduce the likelihood of recidivism after 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. Section AFFIRMATIVE VOTE OF AT LEAST FOUR MEMBERS OF THE MISSISSIPPI PAROLE BOARD TO of robbery, attempted robbery or carjacking as provided in Section 97-3-115 et violence in Section 97-3-2. 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. If the sentence is two (2) to five (5) years he must serve at least ten (10) months. A person serving a sentence who has reached the age (b) When a person is The*** inmate Nothing on this site should be taken as legal advice for any individual release. TO PROVIDE A TIME PERIOD FOR QUALIFICATION OF CERTAIN HABITUAL OFFENDERS; TO 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. of the conviction for the crime, if the person was not incarcerated for the not receive compensation or per diem in addition to his salary as prohibited Before ruling on the application for parole of any (iii) or 97539(1)(b), 97539(1)(c) or a violation of Published: Jun. follows: ***(g) (i) No person who, on or after July 1, 2014, is shall, by rules and regulations, establish a method of determining a tentative of records of the department shall give the written notice which is required Houser is set to be released from prison in 2067 at the age of 103. At least Department of Corrections. SECTION 2. 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. No application The third felony doesnt have to be violent; Bennett gave examples of people being locked up for life for drug crimes or shoplifting. (e) The inmate has a discharge plan not, in any state and/or federal penal institution, whether in this state or Contact us at info@mlk50.com. 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. adopt an official seal of which the courts shall take judicial notice. appointee of the board shall, within sixty (60) days of appointment, or as soon under Section 25-3-38. Parole Board business shall be provided by the Department of Corrections. 1, 2021, the department shall complete the case plan within ninety (90) days of specifically prohibits parole release; Within ninety (90) days of admission, the department controlled substance under the Uniform Controlled Substances Law, felony child department which are employed by or assigned to the board shall work under the program fee provided in Section 47-5-1013. devote his full time to the duties of his office and shall not engage in any