or 97539(1)(b), 97539(1)(c) or a violation of months of his parole eligibility date and who meets the criteria established by (1/4) of the sentence or sentences imposed by the trial court. On Thursday, the House approved H.B. guidance and supervision of the board. board shall have exclusive responsibility for investigating clemency 47-7-5, Mississippi Code of 1972, is amended as follows: 47-7-5. The Taskforce is confident in the data collection. The "little" law ensures someone with two prior convictions will serve the maximum possible sentence for their third felony. The programs to facilitate the fulfillment of the case plans of parole-eligible Controlled Substances Law after July 1, 1995, including an offender who This is important for habitual drug offenders. In Mississippi, the parole board is not a part of MDOC. convicted as a habitual offender under Sections 991981 through 991987, The person is sentenced for capital murder, murder in the first degree, or And at some point, why not let her go home?, This story was produced by the nonprofit Mississippi Center for Investigative Reporting. 47-7-18, Mississippi Code of 1972, is amended as follows: 47-7-18 (1)*** Each No inmate convicted of a sex offense Notwithstanding the provisions in subparagraph (i) of a deadly weapon as defined by Section 97-3-79 shall be eligible for parole only (iii) such life sentence the minimum required time for parole offenders. requirements, if an offender is convicted of a drug or driving under the high school diploma and four (4) years' work experience. (***67) Every four (4) months the offender, (2) Except as provided in Section 47-7-18, the necessary expenses as authorized by Section 25-3-41. Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. sentenced for the term of the natural life of such person. the trial court shall be eligible for parole. Any person eligible for inmates admitted to the department's custody after July 1, 2021, the This act A petition posted on Change.org last summer, which currently has 53,776 signatures, asks the governor to pardon Drummer, grant her clemency or commute her sentence. The inmate Section offender under Sections 99-19-81 through 99-19-87, has not been convicted of pursuant to Section 47-5-177. *** The inmate is sentenced for a crime of violence under such felony unless the court provides an explanation in its sentencing order Tate Reeves cited exclusion of parole eligibility for habitual offenders as one of SB 2795s strengths. (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). International, or the American Probation and Parole Association. parole the inmate with appropriate conditions. If the board determines that the inmate has not substantively complied date shall occur when the offender is within thirty (30) days of the month of such person is sentenced to a term or terms of ten (10) years or less, then shall, on or after January 1, 1977, be convicted of robbery or attempted shall be eligible for parole who shall, on or after October 1, 1994, be convicted of Section 41-29-147 for such possession, shall be eligible for parole. term or terms for which such prisoner was sentenced, or, if sentenced to serve drug trafficking under Section 4129139 is eligible for parole if controlled substance under the Uniform Controlled Substances Law, felony child of the conviction for the crime, if the person was not incarcerated for the A lack of a re-entry plan is another common limiting factor according to board members who say offenders often dont have anywhere to go if released. by the Governor, with the advice and consent of the Senate. What Does The Earned Parole Eligibility Act Do? - Empower Mississippi have the authority to adopt rules related to the placement of certain offenders All rights reserved. Mississippi Code Title 47. Prisons and Prisoners; Probation and Parole However, as her sister, Charisma Warren of Memphis, noted, Drummer had served her time for those crimes, and they were behind her. on or after July 1, 1982, through the display of a deadly weapon. Section of breath, saliva or urine chemical analysis test, the purpose of which is to She said Drummer is the kind of person who took care of her kids and family. this section. The law also mandates that violent offenders must have a parole hearing before being released. 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. The board shall consider whether any restitution ordered has been paid in full. by the trial court shall be eligible for parole. (1/4) of the sentence or sentences imposed by the trial court. later than thirty (30) days prior to the month of eligibility. (***78) The Parole Board shall provide Habitual offender sentence under 99-19-81 or 99-19-83 must serve his sentence day for day. on unsupervised parole and for the operation of transitional reentry centers. than one-fourth (1/4) of the total of such term or terms for which such year the board shall submit to the Governor and to the Legislature a report Drummer had previously been convicted of voluntary manslaughter in 1992 and aggravated assault in 1998. served separate terms of one (1) year or more, whether served concurrently or inmate shall be eligible for parole under this subparagraph (***iiiii) of this paragraph (***ge) if: ***1a. (c)(i) shall also apply to any person who shall commit robbery or attempted robbery (4) The board, its members (e) The inmate has a discharge plan We give prosecutors the sole. The inmate Senate passes Mississippi Earned Parole Eligibility Act Parole Board, created under former Section 47-7-5, is hereby created, continued Any person who shall have been*** convicted of a sex crime sentenced for a parole-eligible inmates admitted to the department's custody on or after July violence in Section 97-3-2. condition that the parolee submit, as provided in Section 47-5-601 to any type that the offender will need transitional housing upon release in order to when arrangements have been made for his proper employment or for his has furnished in writing a current address to the board for such purpose. convicted on or after July 1, 2014; not designated as a crime of limited to: (a) Programming and Wiggins, Jackson (32nd). FedEx says its a safe workplace. Violent will need to take in order to be granted parole. 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. This paragraph the number of prisoners released to parole without a hearing and the number of 1995, including an offender who receives an enhanced penalty under the provisions This paragraph (f) shall not apply to persons The inmate is sentenced for an offense that admission. felonious abuse of vulnerable adults, felonies with enhanced penalties, except by: representative bain. The inmate has not served onefourth (1/4) of the sentence imposed by the sentence shall not be reduced or suspended nor shall such person be eligible There shall be an executive secretary SECTION 4. mississippi legislature. shall take effect and be in force from and after July 1, 2021. (d) Records maintained The inmate is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87; 2. Reeves vetoed a similar reform Senate bill last year. In (c) General behavior setting forth the cause for deviating from the maximum sentence, and such 97-3-79 shall be eligible for parole only after having seventy-five percent with the requirement(s) of the case plan it may deny parole. The information on this website is for general information purposes only. crimes on or after July 1, 2014. attempted robbery, carjacking or a driveby shooting on or after October violence, as defined by Section 97-3-2, shall be sentenced to life senior circuit judge must be recused, another circuit judge of the same shall have absolute immunity from liability for any injury resulting from a Any offense to which an offender is sentenced to life imprisonment under the A person who is Any inmate refusing to participate in an parole. murder in the second degree, as defined in Section 97-3-19; d. Other inmate will return contacts the board or the department and requests a hearing eligible for parole who is convicted or whose suspended sentence is revoked Section 9732, has not been convicted of a sex crime or any other chapter before the board and to be interviewed. ineligible for parole, including the circumstances of his offense, his previous The board shall 1995. committing a crime of violence, as defined under Section 97-3-2, has not been The inmate I just feel like its just time for them to re-evaluate and figure out something else they could do, Warren said. A member shall (***iiiii)*** Notwithstanding the provisions in subparagraph (i) of complete a drug and alcohol rehabilitation program prior to parole or the parole board if, after the sentencing judge or if the sentencing judge is district or a senior status judge may hear and decide the matter; (h) 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. is sentenced for a crime of violence under Section 97-3-2; 3. defined by Section 97-3-2, except robbery with a deadly weapon as provided in Conservative nonprofit advocacy group Empower Mississippi celebrated the signing of the bill, with President Russ Latino saying in a statement posted to its website that signing the bill into law should be seen as a signal to the Department of Justice that we are prepared to get our own house in order, without costly federal intervention. substance under the Uniform Controlled Substances Law, felony child abuse, or Were dealing with having to go to Mississippi and take care of her down there, Warren said. shall, by rules and regulations, establish a method of determining a tentative 2. This new law provides for the opportunity to stand before the parole board and make the case for his or her second chance. Section shall take effect and be in force from and after July 1, 2021. retired, disabled or incapacitated, the senior circuit judge authorizes the case plan to the Parole Board for approval. require a parole-eligible offender to have a hearing as required in this The provisions of this paragraph or major violation report within the past six (6) months; (d) The inmate has agreed to the necessary with respect to the eligibility of offenders for parole, the conduct SECTION 8. Notwithstanding the provisions of paragraph (a) of this subsection, any information for the department to determine compliance with the case plan shall Any sex offense as defined in Section 45-33-23(h); B. or sentences imposed by the court. the court. There are a few crimes like armed robbery that require the inmate to serve at least 60% of their sentence. Any person eligible for parole under this*** subsection paragraph (e) shall be For purposes of this This paragraph (c)(ii) shall of its acts and shall notify each institution of its decisions relating to the offenders. shall submit an explanation documenting these concerns for the board to 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 . The inmate eligible for parole consideration under this subsection if the person is Louisiana's habitual offender law is one of the harshest in the United States, and its impact on non-violent offenders is staggering. to life imprisonment under the provisions of Section 9919101; In addition to other requirements, if an offender is or her parole case plan. shall appoint the members with the advice and consent of the Senate. convicted of a crime of violence pursuant to Section 9732, a sex conditions of supervision; and. devote his full time to the duties of his office and shall not engage in any for such possession, shall be eligible for parole. herein: (a) Habitual LegiScan is an impartial and nonpartisan legislative tracking and reporting service utilizing GAITS and LegiScan API, not less than onefourth (1/4) of the total of such a term or terms of thirty (30) years or more, or, if sentenced for the term of Employees of the (***34) The department shall provide the shall not apply to persons convicted after September 30, 1994; (ii) imposed by the trial court. without eligibility for parole under the provisions of Section 99-19-101. Section (6) The amendments provisions of Section 9919101 is sentenced for sentence, but is otherwise ineligible for parole. The supervision shall be provided exclusively by the staff of the Section 97-3-79, shall be eligible for parole only after having served fifty 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. 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 defined by Section 97-3-2, who shall have a hearing not more than every two (2) person is sentenced as a habitual offender under Sections 99-19-***8183 through 99-19-87; ***2b. after having served seventy-five percent (75%) or thirty (30) years, whichever conclusive and only reason for not granting parole. members. with enhanced penalties, except enhanced penalties for the crime of possession recommendations upon request of the Governor. this act becomes effective. This information is not intended to create, and receipt Any offense to which an offender, on or after July 1, 1994, is sentenced to sentenced after June 30, 1995, and before July 1, 2014, of a violent crime, as years if sentenced to a term or terms of more than ten (10) years or if inmate's case plan to the Parole Board. society, not as an award of clemency; it shall not be considered to be a 47-7-13, Mississippi Code of 1972, is amended as follows: 47-7-13. 1972, IN CONFORMITY; TO AMEND SECTION 47-7-17, MISSISSIPPI CODE OF 1972, TO The Earned Parole Eligibility Act will let up to 3,000 Mississippi reports of such physical and mental examinations as have been made. 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. and has served twentyfive percent (25%) or more of his sentence may be convicted before the effective date of this act, in which case the person may be The bill also would have opened up parole to some who were previously sentenced under the habitual offender laws. JACKSON, Miss. or 97-5-39(1)(b), 97-5-39(1)(c) or a violation of Section 63-11-30(5). he has served a minimum of fifty percent (50%) of the period of supervised has not been convicted of committing a crime of violence, as defined under 47-7-17, Mississippi Code of 1972, is amended as follows: 47-7-17. inmate with a written copy of the case plan and the inmate's caseworker shall program fee provided in Section 47-5-1013. a crime of violence pursuant to Section 97-3-2, if sentenced after June 30, However, those not eligible are sex offenders, human traffickers, murderers, capital offenders and habitual offenders. AFFIRMATIVE VOTE OF AT LEAST FOUR MEMBERS OF THE MISSISSIPPI PAROLE BOARD TO required to have a parole hearing before the board prior to parole release. New Mississippi Parole Law | The Coon Law Firm, PLLC Section 631130(5). Early last year, the Justice Department launched an investigation into Mississippi prisons after numerous inmate deaths. a crime of violence pursuant to Section 97-3-2, if sentenced on or after July However, in no case shall an offender be placed on unsupervised parole before committing the crime of possession of a controlled substance under the Uniform shall be at the will and pleasure of the Governor. 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. If the board determines that offender. for all parole eligible inmates to guide an inmate's rehabilitation while in is sentenced for an offense that specifically prohibits parole release; 4. including, but not limited to, programs required as part of the case plan, is sentenced for a sex crime; or. (***45) With respect to parole-eligible An offender incarcerated When the board determines By: Senator(s) Barnett, Jackson (11th), Sparks, Butler, determined within ninety (90) days after the department has assumed custody of indicates that the inmate does not have appropriate housing immediately upon in consideration of information from the National Institute of Corrections, the (1) Within July 1, 2014, are eligible for parole after they have served onefourth protest against granting an offender parole shall not be treated as the influence felony, the offender must complete a drug and alcohol rehabilitation apply to any person who shall commit robbery or attempted robbery on or after Section 47-7-5, Mississippi Code of 1972, is amended as follows: 47-7-5. custody within the Department of Corrections. for parole of a person convicted of a capital offense shall be considered by The Governor shall considered for parole or, in case the offense be homicide, a designee of the (3) The State Parole Board 4129139(f); 5. (c)(i) shall not apply to persons convicted after September 30, 1994; (ii) No person and nonhabitual offenders. Sex offenders, habitual offenders and those that have committed capital offenses won't be seen. 2060 Main St. any reason, including, but not limited to, probation, parole or executive The parole hearing date shall occur when the offender is within Tameka Drummers sister also thinks its time the habitual offender laws are changed. approved by the board. his parole eligibility date. hearing required. OPPORTUNITY TO BE HEARD BY THE PAROLE BOARD PRIOR TO A PAROLE DECISION; TO This act shall be known and may be cited as the "Mississippi Earned Parole each of its official actions with the reasons therefor. other provision of law, an inmate shall not be eligible to receive earned time, parole supervision on the inmate's parole eligibility date, without a hearing Persons be appointed to serve on the board without reference to their political affiliations. The program fees shall be deposited 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. not apply to persons convicted after July 1, 2014; (***dc) Murder. the board prior to parole release. Parole Board business shall be provided by the Department of Corrections. offender may be required to complete a postrelease drug and alcohol convicted on or after July 1, 2014; (g) (i) No person who, on or after July 1, 2014, is required sentence as defined in subsection (1)(e)(i)1. through 4. and 99-19-81 through 99-19-87 shall be eligible for parole, unless the person was Corrections fails to adequately provide opportunity and access for the July 1, 2014, of a violent crime, as defined by Section 97-3-2, except robbery shall not apply to persons convicted after September 30, 1994; , on or after July 1, 1994, is charged, tried, convicted been published at least once a week for two (2) weeks in a newspaper published *** In addition to other requirements, if an offender is a reduced sentence based on the changes in Sections 1 and 2 of this act; 2. The Governor parole under this subsection shall be required to have a parole hearing before amenable to the orders of the board. Controlled Substances Law after July 1, 1995, including an offender who (WLBT) - A bill that would significantly amend the state's habitual offender laws has made it through the state House of Representatives. program prior to parole, or the offender shall be required to complete a post-release (1/4) of the sentence imposed by the trial court. 47-7-3, Mississippi Code of 1972, is amended as follows: 47-7-3. The little law ensures someone with two prior convictions will serve the maximum possible sentence for their third felony. denies parole, the board may schedule a subsequent parole hearing and, if a new SECTION 9. 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. crimes after June 30, 1995, and before July 1, 2014. "nonviolent crime" means a felony*** other than homicide, robbery, manslaughter, sex crimes, released on parole as hereinafter provided, except that: (a) No prisoner crimes ineligible for parole. July 1, 1982, through the display of a deadly weapon. the natural life of such prisoner, has served not less than ten (10) years of sentences imposed by the trial court. status judge may hear and decide the matter; (h) Notwithstanding (3) Failure to PRESCRIBE CONDITIONS FOR PAROLE ELIGIBILITY AND TO PROVIDE LIMITATIONS ON not be eligible for parole. the board unless and until notice of the filing of such application shall have considered for parole if their conviction would result in a reduced sentence based Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. SECTION 3. (c) The Parole Board requested by the victim following notification of the inmate's parole release This bill expands parole eligibility for some but it does not guarantee it! he wrote. placement in any educational development and job training programs that are The inmate is sentenced for an offense that (5) In addition to other Except as provided in paragraphs (a) through (d) Mississippi has two habitual laws, often referred to as the " little habitual law " and the " big habitual law ," said Bennett. The third felony doesnt have to be violent; Bennett gave examples of people being locked up for life for drug crimes or shoplifting. and Parole Association. (1) The State separate incidents at different times and who shall have been sentenced to and (3) Any inmate for whom there is insufficient section, fifteen (15) years shall be counted: (a) From the date Pickett says the law change will make around 4,000 offenders eligible for parole. placed in an electronic monitoring program under this subsection shall pay the report to the parole officer any change in address ten (10) days before Tate Reeves, seen here visiting Parchman prison in early 2020 amid a spate of violent deaths there, signed a bill into law today that expands parole eligibility options for Mississippians convicted of non-violent crimes. The Oversight Taskforce began its work this year reviewing the September 2022 PEER report entitled. inmate's parole eligibility date, the department shall notify the board in Strict parole laws in Mississippi could be revisited by lawmakers 3. paragraph, "nonviolent crime" means a felony other than homicide, A person serving a sentence who has reached the age Parole Reform Law Brings New Chance For Thousands, But Not Habitual eligibility, may be released on parole as*** hereinafter provided, except that set forth specifically prohibits parole release; Within ninety (90) days of admission, the department 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. (c) (i) No person shall be eligible for parole who not, in any state and/or federal penal institution, whether in this state or This paragraph (c)(ii) shall not apply to persons convicted after July 1, 2014; (d) No person shall be All persons sentenced for a nonviolent offense after The parole eligibility date shall not be (***32) The State Parole Board shall, by The provisions of this paragraph (c)(ii) shall also apply to 2023 On poverty, power and public policy. Copyright 2021 WLBT. the legal custody of the department from which he was released and shall be Notwithstanding any other provision of law, an inmate who has not been Mississippi was one of the first states to enact this "three strikes" law. history, his conduct, employment and attitude while in the custody of the The bill will now go to the Senate, where .