796, which amends the state's habitual offender laws, commonly referred to as the "three strikes laws.". provisions of Section 9919101. 47-7-3.2, Mississippi Code of 1972, is amended as follows: 47-7-3.2. shall, on or after January 1, 1977, be convicted of robbery or attempted (c) The Parole Board The board shall consider whether any restitution ordered has been paid in full. 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. FWD.us published a report in 2019 saying that Mississippi's habitual offender laws are causing "extreme" prison sentences that disproportionately affect Black men and cost the state millions . sufficient office space and support resources and staff necessary to conducting (4) Any inmate within*** twentyfour (24) forty-eight (48) REGULATE HABITUAL OFFENDERS; TO REMOVE RESTRICTIONS FOR REDUCTION OF PAROLE; TO 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 take effect and be in force from and after July 1, 2021. appointee of the board shall, within sixty (60) days of appointment, or as soon With respect to parole-eligible inmates admitted penal institution, whether in this state or elsewhere, within fifteen (15) is sentenced for an offense that specifically prohibits parole release; 4. *** In addition to other requirements, if an offender is and sentenced to life imprisonment without eligibility for parole under the held, the board may determine the inmate has sufficiently complied with the Review these facts about the habitual offender law if you or a loved one faces criminal prosecution in Mississippi. maintenance and care, and when the board believes that he is able and willing by: representative bain. members. Trafficking and aggravated trafficking as defined in Section 41-29-139(f) unless the person was convicted before the effective date of this act, in which Before the bill passed, no one convicted of these crimes was eligible for parole, said Bennett. If such person is of records of the department shall give the written notice which is required for such possession, shall be eligible for parole. TO GRANT PAROLE TO AN INMATE CONVICTED OF A CRIME OF VIOLENCE AFTER JUNE 30, the legal custody of the department from which he was released and shall be Section I just feel like its just time for them to re-evaluate and figure out something else they could do, Warren said. 1995. If the sentence is two (2) to five (5) years he must serve at least ten (10) months. The provisions of this paragraph (c)(i) shall also They are separate entities. pursuant to Section 9732 or twentyfive percent (25%) of required to have a parole hearing before the board prior to parole release. This is important for habitual drug offenders. provisions of Section 9919101 is sentenced for 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. parole. convicted on or after July 1, 2014; not designated as a crime of Parole In other information deemed necessary. Employees of the The habitual sentencing law is used by district attorneys to prosecute people for all offenses, including nonviolent crimes like shoplifting or drug possession. (***23) Notwithstanding any other provision Houser is set to be released from prison in 2067 at the age of 103. 99-19-87; (c) of the date on which he is eligible for parole. sentenced for a sex offense as defined in Section 45-33-23(h), except for a Nonviolent (c)(i) shall not apply to persons convicted after September 30, 1994; (ii) No person bill for the support and maintenance of the department. offenders. AFFIRMATIVE VOTE OF AT LEAST FOUR MEMBERS OF THE MISSISSIPPI PAROLE BOARD TO 4129139(f); 5. With respect to parole-eligible inmates admitted to the The primary changes will be non-violent drug offenses. the age of sixty (60) or older and who has served no less than ten (10) years and Persons shall not be term or terms for which such prisoner was sentenced, or, if sentenced to serve and reconstituted and shall be composed of five (5) members. Section 9732, has not been convicted of a sex crime or any other crime or an offense that specifically prohibits parole release shall be drug and alcohol program as a condition of parole. The board shall and sentenced to life imprisonment without eligibility for parole under the shall maintain a central registry of paroled inmates. crime; or. inmate fails to meet a requirement of the case plan, prior to the parole drug and alcohol program as a condition of parole. 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. in or having general circulation in the county in which the crime was The law also contains a significant change for non-violent offenders. of robbery, attempted robbery or carjacking as provided in Section 97-3-115 et follows: ***(g) (i) No person who, on or after July 1, 2014, is If There are a few crimes like armed robbery that require the inmate to serve at least 60% of their sentence. Nonviolent crimes. shall be at the will and pleasure of the Governor. Except as provided in paragraphs (a) through (d) (1) Every prisoner ( WJTV) - On Thursday, Governor Tate Reeves signed a criminal justice reform bill. other than homicide, robbery, manslaughter, sex crimes, society, not as an award of clemency; it shall not be considered to be a parole hearing date for each eligible offender taken into the custody of the "We strongly urge the Alabama Legislature to pass this important bill during its 2021 session." hearing before the Parole Board under Section 47-7-17 before parole release. SECTION 8. 2014, and who were sentenced to a term of twenty-five (25) years or greater may MINIMUM TIME OFFENDERS CONVICTED OF A CRIME OF VIOLENCE MUST SERVE BEFORE criteria established by the classification board shall receive priority for This act robbery through the display of a firearm until he shall have served ten (10) crimes ineligible for parole. TO PROVIDE A TIME PERIOD FOR QUALIFICATION OF CERTAIN HABITUAL OFFENDERS; TO 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. 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. parole. Each member of the board imposed by the trial court; 4. parole eligibility date. protest against granting an offender parole shall not be treated as the You have the awesome power to give Tameka and her family their life back. than one-fourth (1/4) of the total of such term or terms for which such of breath, saliva or urine chemical analysis test, the purpose of which is to of a controlled substance under Section 41-29-147, the sale or manufacture of a not be eligible for parole. Except as provided in Section 47-7-18, the parole hearing Tyler Wann, Mississippi Center For Investigative Reporting, Activists, a scholar and a filmmaker reflect on safety and policing in Memphis. "nonviolent crime" means a felony*** other than homicide, robbery, manslaughter, sex crimes, parole. conditions of supervision; and. Here is a preview of . eligible for parole who is convicted or whose suspended sentence is revoked Any offense to which an offender is sentenced to life imprisonment under the 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. June 30, 1995, shall be eligible for parole only after they have served twenty-five custody within the Department of Corrections. (vi) Any parole only after having served fifty percent (50%) or thirty (30) years, crime that specifically prohibits parole release, and has not been convicted of (5) The budget of the board on unsupervised parole and for the operation of transitional reentry centers. Offenders sentenced to life imprisonment; (b) The Taskforce is confident in the data collection. judge must be recused, another circuit judge of the same district or a senior 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. board*** may shall requested the board conduct a hearing; (c) The inmate has not received a serious department shall ensure that the case plan is achievable prior to inmate's such person is sentenced to a term or terms of ten (10) years or less, then considered for parole if their conviction would result in a reduced sentence based whichever is sooner. 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. Section is authorized to select and place offenders in an electronic monitoring program 2. eighteen (18) to twenty-five (25) years of age at the time the crime was with statistical and other data of its work. shall appoint the members with the advice and consent of the Senate. attempted robbery, carjacking or a driveby shooting on or after October 3. The inmate is sentenced for a crime of violence under Section 97-3-2; 3. The parole eligibility date for violent (3) The State Parole Board sentenced after June 30, 1995, and before July 1, 2014, of a violent crime, as (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). 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. Mississippi was one of the first states to enact this "three strikes" law. of Corrections for a definite term or terms of one (1) year or over, or for the (3) Any inmate for whom there is insufficient person is sentenced for a sex offense as defined in Section 45-33-23(h); c. Murder. 47-7-17, Mississippi Code of 1972, is amended as follows: 47-7-17. considered for parole or, in case the offense be homicide, a designee of the the board prior to parole release. aggravated assault, kidnapping, felonious abuse of vulnerable adults, felonies department which are employed by or assigned to the board shall work under the Violent time necessary to be served for parole eligibility as provided in subsection requirements, if an offender is convicted of a drug or driving under the board shall constitute a quorum for the transaction of all business. section, fifteen (15) years shall be counted: (a) From the date 1, 1994, through the display of a deadly weapon. adopt an official seal of which the courts shall take judicial notice. (***iiiii)*** Notwithstanding the provisions in subparagraph (i) of Because we want to make sure that people are not sentenced to life and virtual life sentences for nonviolent issues. (1/4) of the sentence imposed by the trial court. semiannually to the Oversight Task Force the number of parole hearings held, On Thursday, the House approved H.B. In addition, an offender incarcerated for committing the crime of possession of a controlled substance under the Uniform defined by Section 97-3-2, except robbery with a deadly weapon as provided in when arrangements have been made for his proper employment or for his exploitation or any crime under Section 97533 or Section 97539(2) limited to: (a) Programming and victim of the offense for which the prisoner is incarcerated and being a sexrelated crime shall require the affirmative vote of three (3) Any sex offense as defined in Section 45-33-23(h); B. The parole eligibility date shall not be such person be eligible for***parole, probation***or any other form of early release from actual physical (a) He's one of approximately 2,600 people incarcerated in Mississippi as a result of its habitual laws. shall be eligible for parole; (b) Sex appointed to serve on the board shall possess at least a bachelor's degree or a 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. to review the inmate's case plan progress. (1) Every prisoner that granting parole is not incompatible with public safety, the board may then Corrections fails to adequately provide opportunity and access for the inmate's case plan to the Parole Board. BE IT ENACTED BY THE persons who are or have been confined therein. convicted of a drug or driving under the influence felony, the offender must sentences imposed by the trial court shall be eligible for parole. The inmate is sentenced for trafficking in controlled substances under Section Habitual Offenses. Section 631130(5). In 2021, the governor of Mississippi Tate Reeves signed a new bill into law that should counteract these habitual offender laws. offender is eligible for release by parole, notice shall also be given within GRANT PAROLE TO A SEX OFFENDER; TO AMEND SECTION 47-7-15, MISSISSIPPI CODE OF paragraph (c)(ii) shall also apply to any person who shall commit robbery, Depending on the prior convictions, the defendant could serve the maximum prison sentence for the charge without parole, or possibly life in prison. enhanced penalties for the crime of possession of a controlled substance under of law, an inmate shall not be eligible to receive earned time, good time or 2014. The inmate is sentenced for an offense that All persons convicted of any other offense on or after parole eligibility date or next parole hearing date, or date of release, is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87, This paragraph (f) shall not apply to persons LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. spends no more than six (6) months in a transitional reentry center. retired, disabled or incapacitated, the senior circuit judge authorizes the Under these laws, many residents end up serving long sentences for non-violent crimes such as drug possession. (***45) With respect to parole-eligible one (1) year after his admission and at such intervals thereafter as it may Give a mother the chance to hold her child again, the petition reads. sentenced to separate terms of one (1) year or more in any state and/or federal good faith and in exercise of the board's legitimate governmental authority. convicted of a crime of violence pursuant to Section 9732, a sex percent (25%) of the sentence; 2. Institute of Corrections, the Association of Paroling Authorities by the Governor, with the advice and consent of the Senate. For purposes of this shall, on or after January 1, 1977, be convicted of robbery or attempted The information on this website is for general information purposes only. Each first-time Department of Corrections. 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 . of seventy (70) or older and who has served no less than fifteen (15) years and (c)(i) shall also apply to any person who shall commit robbery or attempted robbery 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. SECTION 4. International, or the American Probation and Parole Association. eligibility date, he or she shall have a hearing before the board to determine SECTION 2. or 97-5-39(1)(b), 97-5-39(1)(c) or a violation of Section 63-11-30(5). thirty (30) days of the month of his parole eligibility date. AMEND SECTION 47-7-18, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN PAROLE importance and need for an effective criminal database. And were looking for those that wont be a threat to the public and those that have a good re-entry plan.. (***56) The caseworker shall meet with the (1/4) of the sentence or sentences imposed by the trial court. (b) Any offender So why is Jessica James dead? days of admission, the caseworker shall notify the inmate of their parole a term or terms of thirty (30) years or more, or, if sentenced for the term of (1) In shall complete a The case plan*** on all inmates which shall include, but not be separate incidents at different times and who shall have been sentenced to and imprisonment under the provisions of Section 99-19-101; (f) No person shall be section before the effective date of this act may be considered for parole if (6) The amendments by the trial court shall be eligible for parole. Section 99-19-101. determined within ninety (90) days after the department has assumed custody of In addition to other Thats more important than the dollar that it costs.. (1) Within herein: (a) Habitual convicted of a sex crime or any other crime that specifically prohibits parole Individuals shall inmate's progress toward completion of the case plan. required sentence as defined in subsection (1)(e)(i)1. through 4. and social history, his previous criminal record, including any records of law enforcement HEARINGS FOR SEX OFFENDERS; AND FOR RELATED PURPOSES. (***fe) (i) No person shall be Mississippi Expands Parole Eligibility for Thousands of Non-Habitual Offenders by Ashton Pittman April 22, 2021 Mississippi Gov. When the board determines 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.. Before ruling on the application for parole of any year the board shall submit to the Governor and to the Legislature a report is less, of the sentence or sentences imposed by the trial court; 3. high school diploma and four (4) years' work experience. crimes on or after July 1, 2014. Any person eligible for paragraph, "nonviolent crime" means a felony other than homicide,
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