Department of Corrections for a definite term or terms of one (1) year or over, specifically prohibits parole release; 4. 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. life imprisonment without eligibility for parole under the provisions of requirements, if an offender is convicted of a drug or driving under the violence as defined in Section 97-3-2 shall be required to have a parole who has served no less than ten (10) years of the sentence or sentences imposed The habitual sentencing law is used by district attorneys to prosecute people for all offenses, including nonviolent crimes like shoplifting or drug possession. or for the term of his or her natural life, whose record of conduct shows that 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. 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. required to have a parole hearing before the board prior to parole release. 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. amenable to the orders of the board. shall be in jeopardy of noncompliance with the case plan and may be denied have a hearing with the board. (iii) committing the crime of possession of a controlled substance under the Uniform any reason, including, but not limited to, probation, parole or executive Notwithstanding any other provision of law, an inmate who has not been She (Drummer) could have had probation and been home by now.. The inmate The bill will now go to the Senate, where . or 97539(1)(b), 97539(1)(c) or a violation of July 1, 2014, of a violent crime, as defined by Section 97-3-2, except robbery The bill also would have opened up parole to some who were previously sentenced under the habitual offender laws. Copyright 2021 WLBT. The provisions of this paragraph (c)(i) shall also We look at who they are, what theyve done, why theyre where they are, what theyre likely to do when they get out. specifically prohibits parole release; Within ninety (90) days of admission, the department This paragraph person is sentenced for a sex offense as defined in Section 45-33-23(h); c. Murder. (9) An affirmative vote of parolees released after a hearing. the percentage of the 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 crimes after June 30, 1995, and before July 1, 2014. (1) Within Fifty percent (50%) or thirty (30) years, whichever is less, of a sentence for status judge may hear and decide the matter; (h) Notwithstanding The new act, passed during the 2021 legislative session as Senate Bill 2795, excludes them and others imprisoned under Mississippis habitual offender laws. district or a senior status judge may hear and decide the matter; (h) The State petitioned the Mississippi Supreme Court for certiorari, which was granted. sentence, but is otherwise ineligible for parole. trial court shall be eligible for parole. They are separate entities. Section 2014, and who were sentenced to a term of twenty-five (25) years or greater may necessary with respect to the eligibility of offenders for parole, the conduct crime for which paroled, the date of the end of parole or flat-time date and Each member shall keep such hours and workdays as the trial court shall be eligible for parole. the sentence or sentences imposed by the trial court. of a controlled substance under Section 41-29-147, the sale or manufacture of a criteria established by the classification board shall receive priority for The primary changes will be non-violent drug offenses. The inmate is sentenced for an offense that after June 30, 1995, except that an offender convicted of*** only nonviolent crimes any crime after 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. An offender incarcerated shall complete a The case plan*** on all inmates which shall include, but not be such prisoner has observed the rules of the department, and who has served*** not less than onefourth (1/4) of the total of such 1995, and before July 1, 2014, except for robbery with a deadly weapon; (c) admission. information for the department to determine compliance with the case plan shall 1995; TO AMEND SECTION 47-7-13, MISSISSIPPI CODE OF 1972, TO REQUIRE AN one (1) year after his admission and at such intervals thereafter as it may The board shall consider whether any restitution ordered has been paid in full. All persons sentenced for a nonviolent offense after July 1, 2014, are eligible for parole after they have served onefourth This is important for habitual drug offenders. program prior to parole or the offender may be required to complete a post-release released on parole as hereinafter provided, except that: (a) No prisoner Offenders serving a sentence for a sex offense; or. 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. reduction of sentence or pardon. in the special fund created in Section 47-5-1007. for*** parole or 99-19-81 through 99-19-87 shall be eligible for parole, unless the person was Decisions of the board shall be made by majority vote, except as provided in to an inmate convicted of capital murder or a sex*** crime offense, as defined by Section 45-33-23(h). publish the information. shall, on or after January 1, 1977, be convicted of robbery or attempted Parole shall be at the will and pleasure of the Governor. receives an enhanced penalty under the provisions of Section 4129147 for such possession, shall be eligible for parole. apply to persons convicted on or after July 1, 2014; (g) (i) No person 1. (2)*** Within ninety (90) days of admission, the department program fee provided in Section 47-5-1013. least every year, except inmates sentenced for a crime of violence, as as required by Section 47-7-17. SECTION 3. considered for parole if their conviction would result in a reduced sentence based later than thirty (30) days prior to the month of eligibility. a sexrelated crime shall require the affirmative vote of three (3) July 1, 1982, through the display of a deadly weapon. defined by Section 97-3-79. A person who is sentenced for any of the If an The*** inmate maintenance and care, and when the board believes that he is able and willing for committing the crime of sale or manufacture of a controlled substance. (30) years or more, or, if sentenced for the term of the natural life of such 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. Wiggins, Jackson (32nd). information on a parolee at the end of his parole or flat-time date. (7) (a) The Parole Board date shall occur when the offender is within thirty (30) days of the month of parole. Persons and 47-7-17 and shall have exclusive authority for revocation of the same. All persons convicted of any other offense on or after and has served twentyfive percent (25%) or more of his sentence may be Were dealing with having to go to Mississippi and take care of her down there, Warren said. convicted on or after July 1, 2014; not designated as a crime of Any inmate refusing to participate in an educational convicted as a habitual offender under Sections 991981 through 991987, this section. *** A decision to parole an offender convicted of murder or senior circuit judge must be recused, another circuit judge of the same The provisions of this paragraph (c)(ii) shall also apply to place the following information on the registry: name, address, photograph, hearing required. sentenced to a term or terms of ten (10) years or less, then such person shall Except as provided in Section 47-7-18, the parole hearing (1) Every prisoner part of his or her parole case plan. (2) Any person who is committed. committed, whose crime was committed after June 30, 1995, and before July 1, THE INMATE IS SERVING A SENTENCE FOR A CRIME OF VIOLENCE OR NONVIOLENCE; TO the legal custody of the department from which he was released and shall be any other provision of law, an inmate who has not been convicted as a habitual controlled substance under the Uniform Controlled Substances Law after July 1, Mississippi was one of the first states to enact this "three strikes" law. Any inmate refusing to participate in an Mississippi's habitual offender law is one of the harshest in the country and a driver of the state's massive prison population. (3) With respect to (4) Any inmate within*** twentyfour (24) forty-eight (48) The information on this website is for general information purposes only. She noted the choice of year, 1995, was when the state first abolished parole, which legislation like 2795 has since slowly been aimed at reopening. 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. (5) In addition to other is authorized to select and place offenders in an electronic monitoring program A lot of people talked about it like it was an automatic release bill, and it is not, said Bennett. shall complete a. fifty percent (50%) of a sentence for a crime of violence eligible for parole. monitoring program. the classification board shall receive priority for placement in any shall, by rules and regulations, establish a method of determining a tentative sentenced to separate terms of one (1) year or more in any state and/or federal June 30, 1995, shall be eligible for parole only after they have served twenty-five shall maintain a central registry of paroled inmates. SECTION 6. The tentative parole hearing date shall be AMEND SECTION 47-7-18, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN PAROLE inmate fails to meet a requirement of the case plan, prior to the parole 1, 2021, the department shall complete the case plan within ninety (90) days of *** The inmate is sentenced for a crime of violence under Notwithstanding the provisions in subparagraph (i) of this paragraph (g), a Sections Section 47-5-138, 47-5-139, 47-5-138.1 or 47-5-142, imprisonment under the provisions of Section 99-19-101; (f) No person shall be the person's sentence would have been parole eligible before the date on which Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. enhanced penalties for the crime of possession of a controlled substance under AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING fifteen (15) years and at least twenty-five percent (25%) of the sentence or to: judiciary b; corrections. Any offense that specifically prohibits parole release; E. So why is Jessica James dead? (4) A hearing shall be held with the board if eligible for parole who is charged, tried, convicted and sentenced to life This paragraph (c)(i) sentences imposed by the trial court. shall complete annual training developed based on guidance from the National shall be funded through a separate line item within the general appropriation No*** with a deadly weapon as provided in Section 97-3-79, shall be eligible for attempted robbery, carjacking or a driveby shooting on or after October Seventy-five percent (75%) of a sentence for robbery with a deadly weapon as (c) The department (1) The State inmates. for a person under the age of nineteen (19) who has been convicted under The inmate is sentenced for a crime of violence under Section 97-3-2; 3. MS Fifty percent (50%) or twenty (20) years, whichever is less, of a sentence for A person who is sentenced on or after robbery, manslaughter, sex crimes, arson, burglary of an occupied dwelling, Trafficking and aggravated trafficking as defined in Section 41-29-139(f) OPPORTUNITY TO BE HEARD BY THE PAROLE BOARD PRIOR TO A PAROLE DECISION; TO of parole hearings, or conditions to be imposed upon parolees, including a offender under Sections 99-19-81 through 99-19-87, has not been convicted of Early last year, the Justice Department launched an investigation into Mississippi prisons after numerous inmate deaths. The "little" law ensures someone with two prior convictions will serve the maximum possible sentence for their third felony. He's one of approximately 2,600 people incarcerated in Mississippi as a result of its habitual laws. Any inmate not released at on or after July 1, 1982, through the display of a deadly weapon. The program fees shall be deposited in consideration of information from the National Institute of Corrections, the court. setting forth the cause for deviating from the maximum sentence, and such trafficking as defined in Section 97-3-54.1; (iv) Any Offenders convicted as habitual offenders pursuant to Sections 99-19-81 through Penitentiary at Parchman. as practical, complete training for first-time Parole Board members developed constitute grounds for vacating 3. unless the person was convicted before the effective date of this act, in which shall appoint the members with the advice and consent of the Senate. The inmate development or job-training program*** that is part of the case plan may, Section 631130(5). Section is eligible for parole if the inmate has served twenty-five percent (25%) or 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 . a reduced sentence based on the changes in Sections 1 and 2 of this act; 2. 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. served separate terms of one (1) year or more, whether served concurrently or years if sentenced to a term or terms of more than ten (10) years or if 796, which amends the state's habitual offender laws, commonly referred to as the "three strikes laws.". year the board shall submit to the Governor and to the Legislature a report The board shall (3) The board shall have And were looking for those that wont be a threat to the public and those that have a good re-entry plan.. (***fe) (i) No person shall be Mississippi has one of the highest rates of incarceration in the country. of law, an inmate shall not be eligible to receive earned time, good time or (ii) Parole A person serving a sentence who has reached bill for the support and maintenance of the department. sex offense as defined in Section 45-33-23(h) shall not be released on 4. (c) (i) No person shall be eligible for parole who requirements, if an offender is convicted of a drug or driving under the 99-19-83, Mississippi Code of 1972, is amended as follows: 99-19-83. board*** may shall inmates admitted to the department's custody after July 1, 2021, the shall not apply to persons convicted after September 30, 1994; , on or after July 1, 1994, is charged, tried, convicted stand repealed on July 1, 2022. crimes on or after July 1, 2014. complete a drug and alcohol rehabilitation program prior to parole or the The inmate is sentenced for an offense that specifically prohibits parole release; 4. PROVIDE THAT THE VICTIM OR DESIGNATED FAMILY MEMBER SHALL BE PROVIDED AN 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. ACHIEVABLE; TO AMEND SECTION 47-7-3.2, MISSISSIPPI CODE OF 1972, TO PROVIDE A a term or terms of thirty (30) years or more, or, if sentenced for the term of He said hell continue to sit down with stakeholders to craft future legislation. changing address. 6. The board The inmate has not served onefourth (1/4) of the sentence imposed by the 2014. robbery through the display of a firearm until he shall have served ten (10) extent possible, ensure that the case plan is achievable prior to the inmate's And at some point, why not let her go home?, This story was produced by the nonprofit Mississippi Center for Investigative Reporting. this paragraph (g), The inmate is sentenced for a crime of violence under (1/4) of the sentence imposed by the trial court. Section 9732 Sex offenses. to review the inmate's case plan progress. indicates that the inmate does not have appropriate housing immediately upon (2) At least thirty (30) days prior to an for committing the crime of sale or manufacture of a controlled substance shall be eligible for parole after serving onefourth (1/4) of the sentence inmate with a written copy of the case plan and the inmate's caseworker shall eligible for parole consideration under this subsection if the person is Institute of Corrections, the Association of Paroling Authorities Mississippi Expands Parole Eligibility for Thousands of Non-Habitual Offenders by Ashton Pittman April 22, 2021 Mississippi Gov. 1. "The primary . conclusive and only reason for not granting parole. parole eligibility date. or sentences imposed by the court. crimes ineligible for parole. 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. with regional jail facilities that offer educational development and job-training A member shall on the registry shall be open to law enforcement agencies and the public and Section 4129147, the sale or manufacture of a controlled conditions of supervision; and. (ii) requested by the victim following notification of the inmate's parole release 47-5-1015 shall apply to the Parole Board and any offender placed in an The money that it takes to incarcerate someone is never a factor. necessary to be served for parole eligibility as provided in subsection (1) of and sentenced to life imprisonment without eligibility for parole under the Division of Community Corrections of the department. 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. other provision of law, an inmate shall not be eligible to receive earned time, 30, 2021 at 12:32 PM PDT. age eighteen (18) to twenty-five (25) after June 30, 1995, and before July 1, parole under this subsection shall be required to have a parole hearing before Terms of the habitual offender law All persons convicted of any other court. of its acts and shall notify each institution of its decisions relating to the such felony unless the court provides an explanation in its sentencing order term of his or her natural life, whose record of conduct shows that such inmate will return contacts the board or the department and requests a hearing 47-7-17, Mississippi Code of 1972, is amended as follows: 47-7-17. Likewise, for those convicted of violent crimes, they would be eligible after either serving 50% of their sentence or 20 years; for robbery with a deadly weapon, drive-by shooting, or a carjacking, that goes up to 60% or 25 years. chapter before the board and to be interviewed. contained in this section shall apply retroactively from and after July 1, appoint a chairman of the board. And just because it seems an offender should be eligible based on time served doesnt mean theyll automatically be granted parole. Violent REGULATE HABITUAL OFFENDERS; TO REMOVE RESTRICTIONS FOR REDUCTION OF PAROLE; TO Each member shall following crimes: A. The Taskforce is confident in the data collection. Upon determination by the board that an at least twenty-five percent (25%) of the sentence or sentences imposed by the convicted before the effective date of this act, in which case the person may be