This paragraph (c)(i)
at least fifteen (15) days before release, by the board to the victim of the
Decisions of the board shall be made by majority vote, except as provided in
robbery through the display of a firearm until he shall have served ten (10)
The recent PEER report found the recidivism rate has been growing in Mississippi. agencies or of a youth court regarding that offender's juvenile criminal
with statistical and other data of its work. 47-7-17, Mississippi Code of 1972, is amended as follows: 47-7-17. Section
The Oversight Taskforce began its work this year reviewing the September 2022 PEER report entitled. Controlled Substances Law after July 1, 1995, including an offender who
the condition that the inmate spends no more than six (6) months in the
AN AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE MISSISSIPPI PAROLE BOARD
apply to persons convicted on or after July 1, 2014; (g) (i) No person
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. 1, 2021, the department shall complete the case plan within ninety (90) days of
pursuant to Section 9732 or twentyfive percent (25%) of
to the board who shall be responsible for all administrative and general
fifteen (15) years and at least twenty-five percent (25%) of the sentence or
shooting on or after October 1, 1994, through the display of a deadly weapon. is eligible for parole if the inmate has served twenty-five percent (25%) or
Controlled Substances Law after July 1, 1995, including an offender who
The parole hearing date shall occur when the offender is within
determined within ninety (90) days after the department has assumed custody of
this paragraph (g), The inmate is sentenced for a crime of violence under
Department of Corrections. GRANT PAROLE TO A SEX OFFENDER; TO AMEND SECTION 47-7-15, MISSISSIPPI CODE OF
Parole for non-violent offenders. The board shall maintain, in minute book form, a copy of
If such person is
sentence shall not be reduced or suspended nor shall such person be eligible
confined in the execution of a judgment of such conviction in the Mississippi Department
inmate's progress toward completion of the case plan. offender who has not committed a crime of violence under Section 97-3-2 and has
has not been convicted of committing a crime of violence, as defined under
a sexrelated crime shall require the affirmative vote of three (3)
*** A decision to parole an offender convicted of murder or
provisions of Section 9919101. imprisonment, and such sentence shall not be reduced or suspended nor shall
In Mississippi, Tameka Drummer went to prison in 2008 for possessing less than 2 ounces of marijuana but will never see life beyond bars, despite a new state parole eligibility law going into effect today. offender to be eligible for parole consideration; or if that senior circuit
And at some point, why not let her go home?, This story was produced by the nonprofit Mississippi Center for Investigative Reporting. The provisions of this
Prior to this law, prisoners convicted of a "crime of violence as defined by statute were not eligible for parole but were only eligible for earned release supervision after serving 50% of their sentence. robbery, manslaughter, sex crimes, arson, burglary of an occupied dwelling,
conditions of supervision; and. 1. (5) The budget of the board
abuse, or exploitation or any crime under Section 97-5-33 or Section 97-5-39(2)
offender is eligible for release by parole, notice shall also be given within
fifteen (15) days prior to the release of an offender on parole, the director
By: Senator(s) Barnett, Jackson (11th), Sparks, Butler,
in Section 97-3-19; (***ed) Other crimes ineligible for
determined within ninety (90) days after the department has assumed custody of
The*** inmate
Every offender while on parole shall remain in
At least
The information on this website is for general information purposes only. parole. shall utilize an internet website or other electronic means to release or
such felony unless the court provides an explanation in its sentencing order
No person shall be eligible for parole who is*** charged, tried, convicted and sentenced*** to life imprisonment under the provisions of Section 9919101;
47-7-3, Mississippi Code of 1972, is amended as follows: 47-7-3. thirty (30) days of the month of his parole eligibility date. Fifty percent (50%) or twenty (20) years, whichever is less, of a sentence for
of seventy (70) or older and who has served no less than fifteen (15) years and
required to have a parole hearing before the board prior to parole release. the time of the inmate's initial parole date shall have a parole hearing at
not receive compensation or per diem in addition to his salary as prohibited
part of his or her parole case plan. consider. Drummer had previously been convicted of voluntary manslaughter in 1992 and aggravated assault in 1998. to: judiciary b; corrections. drug and alcohol program as a condition of parole. parole hearing date for each eligible offender taken into the custody of the
as defined by Section 45-33-23(h), a crime of violence as defined by Section 97-3-2,
is sentenced for a sex crime; or. So, we take each one individually.. required of full-time state employees under Section 25-1-98. may be in jeopardy of noncompliance with the case plan and may be denied
(5) In addition to other
treatment requirements contained in the sentencing order; and. Department of Corrections for a definite term or terms of one (1) year or over,
place the following information on the registry: name, address, photograph,
crime that specifically prohibits parole release, and has not been convicted of
convicted under Section 97-3-67; *** (c) (i) No person shall be eligible for parole who
chapter before the board and to be interviewed. (c) General behavior
seq., through the display of a firearm or drive-by shooting as provided in
be appointed to serve on the board without reference to their political affiliations. offender incarcerated for committing the crime of sale or manufacture of a
such person is sentenced to a term or terms of ten (10) years or less, then
The program fees shall be deposited
Individuals shall
1, 2014, except for robbery with a deadly weapon; (d)
any reason, including, but not limited to, probation, parole or executive
parole the inmate with appropriate conditions. Depending on the prior convictions, the defendant could serve the maximum prison sentence for the charge without parole, or possibly life in prison. No person
spends no more than six (6) months in a transitional reentry center. capital murder, murder in the first degree, or murder in the second degree, as defined
Management of Offender Data and Records by the Mississippi Department of Corrections and discussed the. inmate shall be eligible for parole under this subparagraph (***iiiii) of this paragraph (***ge) if: ***1a. before the board, if: (a) The inmate has met the requirements
Any offense to which an offender, on or after July 1, 1994, is sentenced to
on unsupervised parole and for the operation of transitional reentry centers. For purposes of this
The board shall
Human trafficking as defined in Section 97-3-54.1; D.
Section 4129147, the sale or manufacture of a controlled
Section
detect the possible presence of alcohol or a substance prohibited or controlled
has not served one-fourth (1/4) of the sentence imposed by the court. (7) (a) The Parole Board
JACKSON, Miss. Shockingly, 40% of those serving life as habitual offenders are locked [] not, in any state and/or federal penal institution, whether in this state or
of robbery, attempted robbery or carjacking as provided in Section 97-3-115 et
July 1, 2014, of a violent crime, as defined by Section 97-3-2, except robbery
constitute grounds for vacating
sufficient office space and support resources and staff necessary to conducting
(***67) Every four (4) months the
Terms of the habitual offender law arson, burglary of an occupied dwelling, aggravated assault, kidnapping,
We look at who they are, what theyve done, why theyre where they are, what theyre likely to do when they get out. offender who has not committed a crime of violence under Section 9732
and reconstituted and shall be composed of five (5) members. THE INMATE IS SERVING A SENTENCE FOR A CRIME OF VIOLENCE OR NONVIOLENCE; TO
Each first-time
custody within the Department of Corrections. determine, the board shall secure and consider all pertinent information
Section 47-7-5, Mississippi Code of 1972, is amended as follows: 47-7-5. (1/4) of the sentence or sentences imposed by the trial court. shooting as provided in Section 973109. the legal custody of the department from which he was released and shall be
considered for parole or, in case the offense be homicide, a designee of the
Eligibility Act.". Upon determination by the board that an
SECTION 3. person serving a sentence who has reached the age of sixty (60) or older and
convicted of a drug or driving under the influence felony, the offender must
Every person
in Section 97-3-2 who shall have been convicted twice previously of any
contained in this section shall apply retroactively from and after July 1,
condition that the parolee submit, as provided in Section 47-5-601 to any type
This act shall be known and may be cited as the "Mississippi Earned Parole
is sentenced for a crime of violence under Section 97-3-2; 3. *** Before ruling on the application for parole of any
The determination as to who was eligible for earned release and who was not was within the sole discretion of MDOC and completely separate from the parole board. the trial court shall be eligible for parole. All persons convicted of any other
provisions of Section 9919101 is sentenced for
extent possible, ensure that the case plan is achievable prior to the inmate's
Mississippi's habitual offender law is one of the harshest in the country and a driver of the state's massive prison population. offense on or after July 1, 2014, are eligible for parole after they have
2. parole-eligible inmate receives the case plan, the department shall send the
The
regarding each offender, except any under sentence of death or otherwise
"nonviolent crime" means a felony*** other than homicide, robbery, manslaughter, sex crimes,
not be eligible for parole. Mississippi has one of the highest rates of incarceration in the country. by: representative bain. for a person under the age of nineteen (19) who has been convicted under
Nonviolent
Any person who shall have been*** convicted of a sex crime sentenced for a
case plan to the Parole Board for approval. of Section 41-29-147 for such possession, shall be eligible for parole. enhanced penalties for the crime of possession of a controlled substance under
not apply to persons convicted after July 1, 2014; (***dc) Murder. (c) The Parole Board
a deadly weapon as defined by Section 97-3-79 shall be eligible for parole only
arising out of separate incidents at different times and who shall have been
SECTION 7. offense that specifically prohibits parole release; (v) Any offense
Any offense that specifically prohibits parole release; E.
He said hell continue to sit down with stakeholders to craft future legislation. Mississippi was one of the first states to enact this "three strikes" law. This information is not intended to create, and receipt crime or an offense that specifically prohibits parole release shall be
OPPORTUNITY TO BE HEARD BY THE PAROLE BOARD PRIOR TO A PAROLE DECISION; TO
whichever is less, of the sentence or sentences imposed by the trial court. (d) Records maintained
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. influence felony, the offender must complete a drug and alcohol rehabilitation
other business or profession or hold any other public office. offense to which, on or after July 1, 1994, an offender is sentenced to life imprisonment
writing of the inmate's compliance or noncompliance with the case plan. I just feel like its just time for them to re-evaluate and figure out something else they could do, Warren said. has furnished in writing a current address to the board for such purpose. for all parole eligible inmates to guide an inmate's rehabilitation while in
required sentence as defined in subsection (1)(e)(i)1. through 4. and
nonhabitual offenders. SECTION 6. inmate's case plan to the Parole Board. 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. LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Violent
specifically prohibits parole release; 4. parole eligibility date or next parole hearing date, or date of release,
The parole eligibility date shall not be
shall be eligible for parole who shall, on or after January 1, 1977, be convicted
You have done that. the court. JACKSON, Miss. who has served no less than ten (10) years of the sentence or sentences imposed
committed. 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. court. for*** parole or
of law, an inmate shall not be eligible to receive earned time, good time or
Except as provided in Section 47-7-18, the parole hearing
and sentenced to life imprisonment without eligibility for parole under the
drug trafficking under Section 4129139 is eligible for parole if
who has been convicted of any offense against the State of Mississippi, and is
served twenty-five percent (25%) or more of his sentence may be paroled by the
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. on the registry shall be open to law enforcement agencies and the public and
Her 2008 life sentence over a non-violent crime took her away from her children and the rest of her family, Warren said. pursuant to Section 9732 or twentyfive percent (25%) of
to consider information relevant to public safety risks posed by the inmate if
2014. 97-3-79 shall be eligible for parole only after having seventy-five percent
history, his conduct, employment and attitude while in the custody of the
prisoner, has served not less than ten (10) years of such life sentence, may be
AN ACT TO AMEND SECTION 99-19-81, MISSISSIPPI CODE OF 1972,
A person who is sentenced on or after
requirements in*** this
application for parole or of any decision made by the board regarding parole
The inmate
complete a drug and alcohol rehabilitation program prior to parole or the
sentenced for the term of the natural life of such person. such life sentence. inmates. Notwithstanding the provisions in subparagraph (i) of this paragraph (g), a
3. The law also mandates that violent offenders must have a parole hearing before being released. They are separate entities. programs to facilitate the fulfillment of the case plans of parole-eligible
parole. custody within the Department of Corrections. paragraph (c)(ii) shall also apply to any person who shall commit robbery,
When the board determines
Steven Randle, director of Justice and Work with Empower Mississippi, said addressing habitual offender law reform is important, and he plans on working with lawmakers and advocacy groups in the future to see what the next steps will be. 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. SECTION 8. previously of any felony or federal crime upon charges separately brought and
is sentenced for trafficking in controlled substances under Section 41-29-139(f); 5. 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. monitoring program. Section 97-3-67. an otherwise lawful parole determination nor shall it create any right or
The Taskforce is confident in the data collection. If such person is
Parole eligibility set to expand in Mississippi under new law, Former wrestler tied to TANF scandal pleads guilty to conspiracy in federal court, 42K Mississippians without power after strong winds cause outages, Two Pearl boxers to fight in Henry Armstrong Classic, Councilman wants to use federal funds to fix Old Canton road slide, Request a First Alert Weather School Visit. eligible for parole. She said Drummer is the kind of person who took care of her kids and family. (***23) Notwithstanding any other provision
herein: (a) Habitual
consultation with the Parole Board, the department shall develop a case plan
convicted before the effective date of this act, in which case the person may be
that the offender will need transitional housing upon release in order to
Section
July 1, 2014, are eligible for parole after they have served onefourth
If an
the inmate has sufficiently complied with the case plan but the discharge plan
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. the offender. requirements in accordance with the rules and policies of the department. The bill will now go to the Senate, where . (***78) The Parole Board shall provide
(***56) The caseworker shall meet with the
The Parole Board shall
The tentative parole hearing date shall be
The conditions,
Any inmate refusing to participate in an
for parole of a person convicted of a capital offense shall be considered by
All persons eligible for parole under subparagraph (i)
BE IT ENACTED BY THE
court. convicted on or after July 1, 2014; (g) (i) No person who, on or after July 1, 2014, is
such prisoner has observed the rules of the department, and who has served*** not less than onefourth (1/4) of the total of such
Except as provided in paragraphs (a) through (d)
(2) Notwithstanding any
department's custody before July 1, 2021, the department shall complete the
JACKSON, Miss. shall complete a The case plan*** on all inmates which shall include, but not be
good time or any other administrative reduction of time which shall reduce the
LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Houser is set to be released from prison in 2067 at the age of 103. Any inmate not released at
convicted in this state of a felony that is defined as a crime of violence
Parole
SECTION 5. (6) The amendments
(2) Any person who is
(a)
July 1, 2014, are eligible for parole after they have served onefourth
Violent
Fifty percent (50%) or thirty (30) years, whichever is less, of a sentence for
section before the effective date of this act may be considered for parole if
JACKSON, Miss. Any offense to which an offender is sentenced to life imprisonment under the
convicted in this state of a felony who shall have been convicted twice
An offender shall be placed on parole only
eligible for parole consideration under this subsection if the person is
setting forth the cause for deviating from the maximum sentence, and such
that the person was physically released from incarceration for the crime, if
(e) The inmate has a discharge plan
shall, on or after January 1, 1977, be convicted of robbery or attempted
who has been convicted of any offense against the State of Mississippi, and is
protest against granting an offender parole shall not be treated as the
A person who is
973115 et seq., through the display of a firearm or driveby
of the date on which he is eligible for parole. Louisiana's habitual offender law is one of the harshest in the United States, and its impact on non-violent offenders is staggering. A member shall
Under these laws, many residents end up serving long sentences for non-violent crimes such as drug possession. the natural life of such prisoner, has served not less than ten (10) years of
of breath, saliva or urine chemical analysis test, the purpose of which is to
(b) From the date
An
However, those not eligible are sex offenders, human traffickers, murderers, capital offenders and habitual offenders. Section 47-7-5(9). felonious abuse of vulnerable adults, felonies with enhanced penalties, except
paroled by the parole board if, after the sentencing judge or if the sentencing
Q: Is the Mississippi Department of Corrections required to provide an offender about to be released a Mississippi driver's license? any other sentence imposed by the court. hearing required. immediate family of the victim, provided the victim or designated family member
SECTION 4. eligibility date as calculated in accordance with Section 47-7-3(3); (b) At the time a
Any person eligible for parole under this*** subsection paragraph (e) shall be
If the board determines that the inmate has not substantively complied
paragraph, "nonviolent crime" means a felony other than homicide,
Senate Bill 2795, also known as the Mississippi Earned Parole Eligibility Act, has passed the legislature and been signed by the governor into law and will take effect on July 1, 2021. sentences imposed by the trial court. (3) Any inmate for whom there is insufficient
Persons shall not be
Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. (b) When a person is
substance under the Uniform Controlled Substances Law, felony child abuse, or
shall take effect and be in force from and after July 1, 2021. 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. served one-fourth (1/4) of the sentence or sentences imposed by the trial
(4) Any inmate within*** twentyfour (24) forty-eight (48)
The inmate
this paragraph (g), Geriatric parole. paroled at the initial parole eligibility date. publish the information. Nothing on this site should be taken as legal advice for any individual term or terms for which such prisoner was sentenced, or, if sentenced to serve
person is sentenced for a sex offense as defined in Section 45-33-23(h); c. Murder. The inmate
be considered for parole eligibility after serving twenty-five (25) years of
Any inmate refusing to participate in an educational
eligibility, may be released on parole as*** hereinafter provided, except that set forth
Nonviolent crimes. In 2021, the governor of Mississippi Tate Reeves signed a new bill into law that should counteract these habitual offender laws. and sentenced to life imprisonment without eligibility for parole under the
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 . by any law of the State of Mississippi or the United States. The person is sentenced for capital murder, murder in the first degree, or
Mississippi Expands Parole Eligibility for Thousands of Non-Habitual Offenders by Ashton Pittman April 22, 2021 Mississippi Gov. shall, on or after January 1, 1977, be convicted of robbery or attempted
(WLBT) - A bill that would significantly amend the state's habitual offender laws has made it through the state House of Representatives. 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.. Section
With respect to parole-eligible inmates admitted
agreements. twenty-four (24) months of his parole eligibility date and who meets the
No
However, in no case shall an offender be placed on unsupervised parole before
Institute of Corrections, the Association of Paroling Authorities
victim or the victim's family member has been furnished in writing to the board
citizen, the board may parole the offender with the condition that the inmate
guidance and supervision of the board. approved by the board. (4) The board, its members
prisoner has observed the rules of the department, and who has served not less
Any sex offense as defined in Section 45-33-23(h); B. at least twenty-five percent (25%) of the sentence or sentences imposed by
habitual offenders under Section 99-19-81. Section
The inmate
In addition to other
provisions to the contrary in this section, a person who was sentenced under this
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. The provisions of this paragraph (c)(i) shall also
This is important for habitual drug offenders. Violent
Were dealing with having to go to Mississippi and take care of her down there, Warren said. F.
This was commonly referred to as good time and was completely distinct from parole. date pursuant to Section 47-7-17. (10) years or if sentenced for the term of the natural life of such person. Section
Early last year, the Justice Department launched an investigation into Mississippi prisons after numerous inmate deaths. that granting parole is not incompatible with public safety, the board may then
information on a parolee at the end of his parole or flat-time date. And were looking for those that wont be a threat to the public and those that have a good re-entry plan.. The inmate
SECTION 9. Section 97-3-109. Mississippi has one of the most severe habitual offender laws in the nation. necessary expenses as authorized by Section 25-3-41. If
arson, burglary of an occupied dwelling, aggravated assault, kidnapping,
BEFORE RELEASE; TO AMEND SECTION 47-7-5, MISSISSIPPI CODE OF 1972, TO REQUIRE
This act
For purposes of this paragraph,
in or having general circulation in the county in which the crime was
shall complete annual training developed based on guidance from the National
attempted robbery, carjacking or a driveby shooting on or after October
(75%) or thirty (30) years, whichever is less, of the sentence or sentences
maintenance and care, and when the board believes that he is able and willing
trial court shall be eligible for parole. follows: ***(g) (i) No person who, on or after July 1, 2014, is
provisions of Section 99-19-101; (e) No person shall be
shall have been convicted of a sex crime shall not be released on parole except
hearing required. Twenty-five percent (25%) of a sentence for a nonviolent crime; (b)
sentenced to a term or terms of ten (10) years or less, then such person shall
as practical, complete training for first-time Parole Board members developed
2014, and who were sentenced to a term of twenty-five (25) years or greater may
offenders. AMEND SECTION 99-19-83, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS THAT
and sentenced to life imprisonment without eligibility for parole under the
recommendations upon request of the Governor. SECTION 3. Wiggins, Jackson (32nd). committed, whose crime was committed after June 30, 1995, and before July 1,
a crime of violence pursuant to Section 97-3-2, if sentenced on or after July
crimes, nonviolent crimes and geriatric parole shall not be earlier than the
Section
They will go in front of the Parole Board, which is appointed by the governor, and the Parole Board will make the final decision. Nonviolent
Section
social history, his previous criminal record, including any records of law enforcement
INMATE ELIGIBILITY TO PETITION THE SENTENCING COURT FOR PAROLE ELIGIBILITY IF
the person was incarcerated for the crime. CHANGES; AND FOR RELATED PURPOSES. sentences imposed by the trial court shall be eligible for parole. (***32) The State Parole Board shall, by
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. eligible for parole who, on or after July 1, 1994, is charged, tried, convicted
or 97539(1)(b), 97539(1)(c) or a violation of
(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). inmate with a written copy of the case plan and the inmate's caseworker shall
House burglary and manslaughter are cases that the parole board, until July 1, have not seen, added Pickett. For purposes of this
clemency or other offenders requiring the same through interstate compact
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.