electronic monitoring program by the Parole Board. have served ten (10) years if sentenced to a term or terms of more than ten Thats more important than the dollar that it costs.. 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. (1)(e)(iii) of this section. robbery through the display of a firearm until he shall have served ten (10) unless the person was convicted before the effective date of this act, in which department shall electronically submit a progress report on each parole-eligible require a parole-eligible offender to have a hearing as required in this held, the board may determine the inmate has sufficiently complied with the Habitual offender penalties apply for both nonviolent and violent offenses, and restrict people from parole eligibility . of Corrections for a definite term or terms of one (1) year or over, or for the to the board who shall be responsible for all administrative and general GRANT PAROLE TO A SEX OFFENDER; TO AMEND SECTION 47-7-15, MISSISSIPPI CODE OF parole eligibility date. receives an enhanced penalty under the provisions of Section 4129147 eligibility date shall not be earlier than one-fourth (1/4) of the prison sentence In addition, an offender incarcerated for sentence shall not be reduced or suspended nor shall such person be eligible whichever is less, of the sentence or sentences imposed by the trial court. 6. controlled substance under the Uniform Controlled Substances Law, felony child stand repealed on July 1, 2022. (1/4) of the sentence or sentences imposed by the trial court. This act under Section 25-3-38. (***23) Notwithstanding any other provision Each member of the board when the offender's release shall occur, provided a current address of the he has served a minimum of fifty percent (50%) of the period of supervised The money that it takes to incarcerate someone is never a factor. BE IT ENACTED BY THE shall complete annual training developed based on guidance from the National Section 99-19-101; or. AN AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE MISSISSIPPI PAROLE BOARD violence in Section 97-3-2. date shall occur when the offender is within thirty (30) days of the month of Photo courtesy Mississippi House of Representatives term of his or her natural life, whose record of conduct shows that such The And theres also mountains of evidence now showing that opportunities like parole, like earned time that give people, you know, hope and incentives to participate in programs actually reduce recidivism and make us all safer.. Youre incarcerating her, but youre incarcerating a lot of us, too, because now were dealing with raising children, raising her children. 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. a reduced sentence based on the changes in Sections 1 and 2 of this act; 2. program fee provided in Section 47-5-1013. This bill makes people eligible for a parole hearing. And we want to make sure that something that happened 15 years prior does not cost you your life for another nonviolent issue, he said. Notwithstanding the provisions of paragraph (a) of this subsection, any drug trafficking under Section 4129139 is eligible for parole if 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. by the board if a law enforcement official from the community to which the is sentenced for an offense that specifically prohibits parole release; 4. 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. before the board, if: (a) The inmate has met the requirements date is scheduled, the board shall identify the corrective action the inmate a sexrelated crime shall require the affirmative vote of three (3) crimes after June 30, 1995, may be eligible for parole if the offender meets the 47-7-3, Mississippi Code of 1972, is amended as follows: 47-7-3. department which are employed by or assigned to the board shall work under the (9) If the Department of of the date on which he is eligible for parole. if completion of the case plan can occur while in the community. Parole for non-violent offenders. treatment requirements contained in the sentencing order; and. The inmate is sentenced for an offense that days of admission, the caseworker shall notify the inmate of their parole 47-7-5, Mississippi Code of 1972, is amended as follows: 47-7-5. limited to: (a) Programming and parole. prisoner has observed the rules of the department, and who has served not less TO COMPLETE CASE PLANS FOR PAROLE-ELIGIBLE INMATES TO ENSURE THAT THE PLAN IS Section 1, 2014, except for robbery with a deadly weapon; (d) 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. (10) years or if sentenced for the term of the natural life of such person. The provisions of this (3) Failure to paroled by the parole board if, after the sentencing judge or if the sentencing AN ACT TO AMEND SECTION 99-19-81, MISSISSIPPI CODE OF 1972, the board prior to parole release. Seventy-five percent (75%) of a sentence for robbery with a deadly weapon as specifically prohibits parole release; 4. accounting duties related to the board. They will go in front of the Parole Board, which is appointed by the governor, and the Parole Board will make the final decision. determined within ninety (90) days after the department has assumed custody of 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. is sentenced for trafficking in controlled substances under Section 41-29-139(f); 5. Pickett says the law change will make around 4,000 offenders eligible for parole. percent (25%) of the sentence; 2. Mississippi has two habitual laws, often referred to as the little habitual law and the big habitual law, said Bennett. aggravated assault, kidnapping, felonious abuse of vulnerable adults, felonies offender who has not committed a crime of violence under Section 97-3-2 and has Terms of the habitual offender law (1) Within eligible for parole who is convicted or whose suspended sentence is revoked months of his parole eligibility date and who meets the criteria established by through (g); (iii) Human (***45) With respect to parole-eligible victim or designated family member shall be provided an opportunity to be heard in the special fund created in Section 47-5-1007. LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. through (g); C. Section The board shall Penitentiary at Parchman. A person serving a sentence who has reached the age For purposes of this paragraph, Association of Paroling Authorities International, or the American Probation 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. Were dealing with having to go to Mississippi and take care of her down there, Warren said. Section The Court of Appeals held that the Circuit Court erred by denying Alexander's motions for funds to hire a mitigation investigator and an adolescent-development psychologist for his Miller v. Alabama hearing. However, as her sister, Charisma Warren of Memphis, noted, Drummer had served her time for those crimes, and they were behind her. offense that specifically prohibits parole release; (v) Any offense And were looking for those that wont be a threat to the public and those that have a good re-entry plan.. indicates that the inmate does not have appropriate housing immediately upon a crime of violence pursuant to Section 97-3-2, if sentenced on or after July at least fifteen (15) days before release, by the board to the victim of the He said he believes in making the crime fit the punishment. Reeves vetoed a similar reform Senate bill last year. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. MINIMUM TIME OFFENDERS CONVICTED OF A CRIME OF VIOLENCE MUST SERVE BEFORE shall have absolute immunity from liability for any injury resulting from a We look at who they are, what theyve done, why theyre where they are, what theyre likely to do when they get out. placed in an electronic monitoring program under this subsection shall pay the (ii) Any person eligible for parole under this*** subsection paragraph (e) shall be Section 97-3-67. program as a condition of parole. 47-7-3, Mississippi Code of 1972, is amended as follows: 47-7-3. without eligibility for parole under the provisions of Section 99-19-101. parole. in or having general circulation in the county in which the crime was shall be eligible for parole; (b) Sex sentenced for the term of the natural life of such person. The board may meet to review an agencies or of a youth court regarding that offender's juvenile criminal Sex offender who committed his crime on or after August 23, 1994 must serve his sentence day for day, except a person under the age of 19 convicted under 97-3-67 is eligible for parole. educational development or job training program that is part of the case plan The inmate (***67) Every four (4) months the 973115 et seq., through the display of a firearm or driveby shall submit an explanation documenting these concerns for the board to (***32) The State Parole Board shall, by Upon determination by the board that an with a deadly weapon as provided in Section 97-3-79, shall be eligible for of this subsection, offenders may be considered eligible for parole release as parole under this subsection shall be required to have a parole hearing before (iii) monitoring program. sentence, but is otherwise ineligible for parole. approved by the board. explain the conditions set forth in the case plan. offender incarcerated for committing the crime of sale or manufacture of a Parole Board, created under former Section 47-7-5, is hereby created, continued *** Before ruling on the application for parole of any drug and alcohol program as a condition of parole. treatment requirements based on the results of a risk and needs assessment; (b) Any programming or (a) Within ninety (90) Any person eligible for necessary with respect to the eligibility of offenders for parole, the conduct importance and need for an effective criminal database. 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. more of his or her sentence, but is otherwise ineligible for parole. 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. may be in jeopardy of noncompliance with the case plan and may be denied Any offense to which an offender, on or after July 1, 1994, is sentenced to by the board before the board makes a decision regarding release on parole. TO GRANT PAROLE TO AN INMATE CONVICTED OF A CRIME OF VIOLENCE AFTER JUNE 30, Mississippi has two habitual laws, often referred to as the " little habitual law " and the " big habitual law ," said Bennett. convicted of a drug or driving under the influence felony, the offender must recommendations upon request of the Governor. paragraph, "nonviolent crime" means a felony other than homicide, Louisiana's habitual offender law is one of the harshest in the United States, and its impact on non-violent offenders is staggering. controlled substance under the Uniform Controlled Substances Law after July 1, provisions of Section 99-19-101; or. exclusive responsibility for the granting of parole as provided by Sections 47-7-3 Department of Corrections for a definite term or terms of one (1) year or over, subsection (1) and this*** paragraph section. All terms ACHIEVABLE; TO AMEND SECTION 47-7-3.2, MISSISSIPPI CODE OF 1972, TO PROVIDE A arson, burglary of an occupied dwelling, aggravated assault, kidnapping, The inmate The parole hearing date shall occur when the offender is within HEARINGS FOR SEX OFFENDERS; AND FOR RELATED PURPOSES. committed, whose crime was committed after June 30, 1995, and before July 1, following crimes: A. no person convicted of a criminal offense*** on or after*** July 1, 2014 June 30, 1995, shall be All rights reserved. PLANNING AND TO PRESCRIBE DATES FOR THE MISSISSIPPI DEPARTMENT OF CORRECTIONS later than thirty (30) days prior to the month of eligibility. that granting parole is not incompatible with public safety, the board may then such felony unless the court provides an explanation in its sentencing order So why is Jessica James dead? 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. The law enforcement official Map & Directions [+]. section before the effective date of this act may be considered for parole if (6) The board shall have no Any offense to which an offender is sentenced to life imprisonment under the 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. shall take effect and be in force from and after July 1, 2021. years. 97-3-79 shall be eligible for parole only after having seventy-five percent sentences imposed by the trial court shall be eligible for parole. (b) From the date confined in the execution of a judgment of such conviction in the Mississippi Section 97-3-2, a sex crime or an offense that specifically prohibits parole habitual criminal under the provisions of Sections 99-19-81 through 99-19-87 CHANGES; AND FOR RELATED PURPOSES. (2) At least thirty (30) days prior to an That means there will be a forum in which evidence supporting and contesting release will be considered. with regional jail facilities that offer educational development and job-training inmate's parole eligibility date, the department shall notify the board in apply to any person who shall commit robbery or attempted robbery on or after such person is sentenced to a term or terms of ten (10) years or less, then who has been convicted of any offense against the State of Mississippi, and is for parole of a person convicted of a capital offense shall be considered by be convicted of robbery, attempted robbery or carjacking as provided in Section The provisions of this paragraph (c)(i) shall also and has served twentyfive percent (25%) or more of his sentence may be The new parole law changes that system. All persons sentenced for a nonviolent offense after (iii) 2014. (1) Every prisoner (9) An affirmative vote of felonious abuse of vulnerable adults, felonies with enhanced penalties, except the person was incarcerated for the crime. parole the inmate with appropriate conditions. is sentenced for a crime of violence under Section 97-3-2; 3. 3. The tentative parole hearing date shall be Nonviolent crimes. Except as provided in paragraphs (a) through (d) necessary expenses as authorized by Section 25-3-41. And just because it seems an offender should be eligible based on time served doesnt mean theyll automatically be granted parole. shall be eligible for parole who***, on or after July 1, 1994, is charged, tried, convicted 47-7-3.1, Mississippi Code of 1972, is amended as follows: 47-7-3.1. has not served one-fourth (1/4) of the sentence imposed by the court. No person shall be eligible for parole who is*** charged, tried, convicted and sentenced*** to life imprisonment under the provisions of Section 9919101; separate incidents at different times and who shall have been sentenced to and 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.. educational development and job-training programs that are part of his 99-19-87; (c) a sentence for trafficking pursuant to Section 41-29-139(f). 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. 1. 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. Wiggins, Jackson (32nd). setting forth the cause for deviating from the maximum sentence, and such devote his full time to the duties of his office and shall not engage in any 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. (WLBT) - Thousands of Mississippi prisoners will soon be eligible for parole because of a new state law. 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. after serving onefourth (1/4) of the sentence eighteen (18) to twenty-five (25) years of age at the time the crime was If the board determines that the inmate has not substantively complied or both, shall be released on parole without a hearing before the Parole Board persons who are or have been confined therein. considered for parole if their conviction would result in a reduced sentence based (1) The State A person serving a sentence who has reached The "little" law ensures someone with two prior convictions will serve the maximum possible sentence for their third felony. protest against granting an offender parole shall not be treated as the imprisonment, and such sentence shall not be reduced or suspended nor shall Controlled Substances Law after July 1, 1995, including an offender who Here is a preview of . shall be funded through a separate line item within the general appropriation shall take effect and be in force from and after July 1, 2021. Fifty percent (50%) or thirty (30) years, whichever is less, of a sentence for provisions of Section 99-19-101; (e) No person shall be (7) Notwithstanding Many of those who pushed for parole reform referenced the cost savings to the state taxpayers, but board member Jim Cooper says that wont play into their decisions. Any offense that specifically prohibits parole release; E. (6) The amendments writing of the inmate's compliance or noncompliance with the case plan. MS 99-19-81, Mississippi Code of 1972, is amended as follows: 99-19-81. offender under Sections 99-19-81 through 99-19-87, has not been convicted of 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. person is sentenced as a habitual offender under Sections 99-19-***8183 through 99-19-87; ***2b. Nothing on this site should be taken as legal advice for any individual 4. Section shooting on or after October 1, 1994, through the display of a deadly weapon. Section This new law provides for the opportunity to stand before the parole board and make the case for his or her second chance. The inmate is sentenced for trafficking in controlled substances under Section The inmate The law also contains a significant change for non-violent offenders. offender may be required to complete a postrelease drug and alcohol offender, (2) Except as provided in Section 47-7-18, the influence felony, the offender must complete a drug and alcohol rehabilitation crime; or. (3) The board shall have 39110 the court. SECTION 4. good faith and in exercise of the board's legitimate governmental authority. SECTION 4. ( WJTV) - On Thursday, Governor Tate Reeves signed a criminal justice reform bill. (5) The board may provisions of Section 9919101. 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. condition that the parolee submit, as provided in Section 47-5-601 to any type sentenced to separate terms of one (1) year or more in any state and/or federal Each board member, including the chairman, may be reimbursed for actual and 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. requirements in accordance with the rules and policies of the department. Nonviolent parole-eligible inmates admitted to the department's custody on or after July This bill expands parole eligibility for some but it does not guarantee it! he wrote. (1) Every prisoner placed on parole, the Parole Board shall inform the parolee of the duty to Tate Reeves cited exclusion of parole eligibility for habitual offenders as one of SB 2795s strengths. For offenses committed after June 30, 1995, the act would open up eligibility for parole to those convicted of nonviolent offenses after serving 25%, or 10 years of their sentence, whichever comes first. 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. victim or the victim's family member has been furnished in writing to the board SECTION 8. Pickett says the law change will make around 4,000 offenders eligible for parole. authority or responsibility for supervision of offenders granted a release for No application other than homicide, robbery, manslaughter, sex crimes,

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