(10) years or if sentenced for the term of the natural life of such person. requirements in this subsection (1) and this paragraph. 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. in Section 97-3-2 who shall have been convicted twice previously of any
sentenced to a term or terms of ten (10) years or less, then such person shall
have a hearing with the board. 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. The board may meet to review an
maintenance and care, and when the board believes that he is able and willing
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
In addition to other
determined within ninety (90) days after the department has assumed custody of
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. The
following crimes: A. this paragraph (g), The inmate is sentenced for a crime of violence under
and nonhabitual offenders. Each member shall
The information on this website is for general information purposes only. is less, of the sentence or sentences imposed by the trial court; 3. victim or the victim's family member has been furnished in writing to the board
or major violation report within the past six (6) months; (d) The inmate has agreed to the
Any person eligible for parole under this*** subsection paragraph (e) shall be
have served ten (10) years if sentenced to a term or terms of more than ten
imprisonment, and such sentence shall not be reduced or suspended nor shall
offender is eligible for release by parole, notice shall also be given within
person is sentenced as a habitual offender under Sections 99-19-***8183 through 99-19-87; ***2b. imposed by the trial court. crime or an offense that specifically prohibits parole release shall be
(2) Notwithstanding any
apply to persons convicted on or after July 1, 2014; (g) (i) No person
served separate terms of one (1) year or more, whether served concurrently or
served twenty-five percent (25%) or more of his sentence may be paroled by the
enhanced penalties for the crime of possession of a controlled substance under
Mississippi has two habitual laws, often referred to as the little habitual law and the big habitual law, said Bennett. served one-fourth (1/4) of the sentence or sentences imposed by the trial
No application
violence in Section 97-3-2. (c)(i) shall not apply to persons convicted after September 30, 1994; (ii) No person
has not been convicted of committing a crime of violence, as defined under
on or after July 1, 1982, through the display of a deadly weapon. 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. information on a parolee at the end of his parole or flat-time date. denies parole, the board may schedule a subsequent parole hearing and, if a new
a reduced sentence based on the changes in Sections 1 and 2 of this act; 2. This paragraph (c)(i)
the percentage of the
F.
or 97539(1)(b), 97539(1)(c) or a violation of
If
They will go in front of the Parole Board, which is appointed by the governor, and the Parole Board will make the final decision. that granting parole is not incompatible with public safety, the board may then
The inmate is sentenced for an offense that specifically prohibits parole release; 4. 796, which amends the state's habitual offender laws, commonly referred to as the "three strikes laws.". 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. The supervision shall be provided exclusively by the staff of the
Nonviolent
inmate with a written copy of the case plan and the inmate's caseworker shall
Section 9732, has not been convicted of a sex crime or any other
penal institution, whether in this state or elsewhere, within fifteen (15)
custody within the Department of Corrections. of this subsection, offenders may be considered eligible for parole release as
recommendations upon request of the Governor. Give a mother the chance to hold her child again, the petition reads. Violent
Section
a sentence for trafficking pursuant to Section 41-29-139(f). receives an enhanced penalty under the provisions of Section 4129147
LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. *** In addition to other requirements, if an offender is
This paragraph (c)(i)
such person is sentenced to a term or terms of ten (10) years or less, then
of robbery, attempted robbery or carjacking as provided in Section 97-3-115 et
No person shall be eligible for parole who shall, on or after October 1, 1994,
crime for which paroled, the date of the end of parole or flat-time date and
(b) When a person is
Any vacancy shall be filled
offender, (2) Except as provided in Section 47-7-18, the
hearing, also give notice of the filing of the application for parole to the
RELEASE AND A MINIMUM PERCENTAGE OF OTHER SENTENCES OTHER OFFENDERS MUST SERVE
The inmate
The inmate has not served onefourth (1/4) of the sentence imposed by the
(2)*** Within ninety (90) days of admission, the department
Mississippi's habitual offender law is one of the harshest in the country and a driver of the state's massive prison population. The tentative parole hearing date shall be
drug trafficking under Section 4129139 is eligible for parole if
who has been convicted of any offense against the State of Mississippi, and is
after June 30, 1995, except that an offender convicted of*** only nonviolent crimes any crime after
program fee provided in Section 47-5-1013. This paragraph (f) shall not apply to persons
persons who are or have been confined therein. Houser is set to be released from prison in 2067 at the age of 103. violence, as defined by Section 97-3-2, shall be sentenced to life
years if sentenced to a term or terms of more than ten (10) years or if
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 . 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. The inmate is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87; 2. be appointed to serve on the board without reference to their political affiliations. hearing date for each eligible offender taken into the custody of the
Because of the new law, Barnett said 3,000 of around 17,000 people in prison could become parole eligible within three to five years. electronic monitoring program by the Parole Board. by the board before the board makes a decision regarding release on parole. This act shall be known and may be cited as the "Mississippi Earned Parole
convicted on or after July 1, 2014; not designated as a crime of
as defined by Section 45-33-23(h), a crime of violence as defined by Section 97-3-2,
convicted of a crime of violence pursuant to Section 9732, a sex
development or job-training program*** that is part of the case plan may,
fifteen (15) days prior to the release of an offender on parole, the director
Although there was a lot of compromise in SB 2795, the legislation is good for the state, Barnett said. If the board determines that the inmate has not substantively complied
been published at least once a week for two (2) weeks in a newspaper published
(c) The Parole Board
at least four (4) members of the Parole Board shall be required to grant parole
of records of the department shall give the written notice which is required
the department's custody and to reduce the likelihood of recidivism after
and sentenced to life imprisonment without eligibility for parole under the
that the person was physically released from incarceration for the crime, if
Notwithstanding the provisions of paragraph (a) of this subsection, any
Photo courtesy Mississippi House of Representatives offense that specifically prohibits parole release; (v) Any offense
Her belief is better, her religion is better. 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. (3) The board shall have
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. 973115 et seq., through the display of a firearm or driveby
bill for the support and maintenance of the department. Section 97-3-67. 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. ELIGIBILITY ACT"; TO AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO
complete a drug and alcohol rehabilitation program prior to parole or the
social history, his previous criminal record, including any records of law enforcement
Tate Reeves cited exclusion of parole eligibility for habitual offenders as one of SB 2795s strengths. reports of such physical and mental examinations as have been made. the natural life of such prisoner, has served not less than ten (10) years of
authorizes the offender to be eligible for parole consideration; or if the
Offenders serving a sentence for a sex offense; or. convicted in this state of a felony who shall have been convicted twice
The inmate
The little law ensures someone with two prior convictions will serve the maximum possible sentence for their third felony. department, the case plan created to prepare the offender for parole, and the
An offender incarcerated
Section
shall, on or after January 1, 1977, be convicted of robbery or attempted
such prisoner has observed the rules of the department, and who has served*** not less than onefourth (1/4) of the total of such
Each member of the board
(4) Any inmate within
required of full-time state employees under Section 25-1-98. pursuant to Section 47-5-177. No***
Review these facts about the habitual offender law if you or a loved one faces criminal prosecution in Mississippi. Because we want to make sure that people are not sentenced to life and virtual life sentences for nonviolent issues. (5) The board may
In 2021, the governor of Mississippi Tate Reeves signed a new bill into law that should counteract these habitual offender laws. Those persons sentenced for robbery with
devote his full time to the duties of his office and shall not engage in any
will need to take in order to be granted parole. inmate's case plan and may provide written input to the caseworker on the
Habitual offender. The law enforcement official
Any person eligible for
shall submit an explanation documenting these concerns for the board to
All other inmates eligible for
(1) The State
The program fees shall be deposited
Pickett says the law change will make around 4,000 offenders eligible for parole. This is important for habitual drug offenders. So, we take each one individually.. inmates. A person serving a sentence who
imposed by the trial court; 4. release, the board may parole the inmate to a transitional reentry center with
(***32) The State Parole Board shall, by
The new act, passed during the 2021 legislative session as Senate Bill 2795, excludes them and others imprisoned under Mississippis habitual offender laws. paroled at the initial parole eligibility date. SECTION 3. Each board member, including the chairman, may be reimbursed for actual and
Before the bill passed, no one convicted of these crimes was eligible for parole, said Bennett. sentenced for the term of the natural life of such person. release shall be eligible for parole. offender who has not committed a crime of violence under Section 9732
SECTION 7. required sentence as defined in subsection (1)(e)(i)1. through 4. and
when arrangements have been made for his proper employment or for his
to consider information relevant to public safety risks posed by the inmate if
is authorized to select and place offenders in an electronic monitoring program
PLANNING AND TO PRESCRIBE DATES FOR THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
At the close of each fiscal
(c)(i) shall also apply to any person who shall commit robbery or attempted robbery
The board shall consider whether any restitution ordered has been paid in full. At least
Habitual Offenses. SECTION 6. (2) At least thirty (30) days prior to an
That means there will be a forum in which evidence supporting and contesting release will be considered. Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. this act becomes effective. The provisions of this
inmate every eight (8) weeks from the date the offender received the case plan
99-19-81, Mississippi Code of 1972, is amended as follows: 99-19-81. elsewhere, and where any one (1) of such felonies shall have been a crime of
This paragraph (f) shall not
receives an enhanced penalty under the provisions of Section 4129147
appointee of the board shall, within sixty (60) days of appointment, or as soon
Section 631130(5). The inmate is sentenced for trafficking in controlled substances under Section
department which are employed by or assigned to the board shall work under the
parole. MS and 47-7-17 and shall have exclusive authority for revocation of the same. committed, whose crime was committed after June 30, 1995, and before July 1,
However, as her sister, Charisma Warren of Memphis, noted, Drummer had served her time for those crimes, and they were behind her. Each member shall keep such hours and workdays as
The Parole Board shall
with the requirement(s) of the case plan it may deny parole. She (Drummer) could have had probation and been home by now.. parole board if, after the sentencing judge or if the sentencing judge is
sufficient office space and support resources and staff necessary to conducting
Department of Corrections for a definite term or terms of one (1) year or over,
The parole
release, and has not been convicted of drug trafficking under Section 41-29-139
The provisions of this paragraph
is sentenced for a sex crime; or. Section 9732 Sex offenses. 2060 Main St. shall have absolute immunity from liability for any injury resulting from a
imposed by the trial court. Q: Is the Mississippi Department of Corrections required to provide an offender about to be released a Mississippi driver's license? percent (25%) of the sentence; 2. offense to which, on or after July 1, 1994, an offender is sentenced to life imprisonment
committed. (***23) Notwithstanding any other provision
crime; or. (1) Every prisoner
(1) Within
such life sentence the minimum required time for parole
Violent
the court. Here is a preview of . She said Drummer is the kind of person who took care of her kids and family. (8) (a) The Parole Board
1. 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. Fifty percent (50%) or twenty (20) years, whichever is less, of a sentence for
when the offender's release shall occur, provided a current address of the
custody within the Department of Corrections. before the board, if: (a) The inmate has met the requirements
As of July 1, 1995 all sex crimes became mandatory. thirty (30) days of the month of his parole eligibility date. shall be at the will and pleasure of the Governor. Mississippi has one of the highest rates of incarceration in the country. of robbery or attempted robbery through the display of a firearm until he shall
victim of the offense for which the prisoner is incarcerated and being
*** A decision to parole an offender convicted of murder or
This bill expands parole eligibility for some but it does not guarantee it! he wrote. program prior to parole, or the offender shall be required to complete a post-release
AFFIRMATIVE VOTE OF AT LEAST FOUR MEMBERS OF THE MISSISSIPPI PAROLE BOARD TO
indicates that the inmate does not have appropriate housing immediately upon
However, those not eligible are sex offenders, human traffickers, murderers, capital offenders and habitual offenders. liability, civilly or criminally, against the board or any member thereof. Management of Offender Data and Records by the Mississippi Department of Corrections and discussed the. (2) Any person who is
is sentenced for a crime of violence under Section 97-3-2; 3. appoint a chairman of the board. 2023 On poverty, power and public policy. (d) Records maintained
So, they cant be paroled.. or her parole case plan. chapter before the board and to be interviewed. 1995. exploitation or any crime under Section 97533 or Section 97539(2)
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. sex offense as defined in Section 45-33-23(h) shall not be released on
apply to any person who shall commit robbery or attempted robbery on or after
In Matthew 25, the scripture talks about the 2nd coming of the Lord and how hes going to separate the sheep from the goats, said Parole Board chairman Steve Pickett. The person is sentenced for capital murder, murder in the first degree, or
ineligible for parole, including the circumstances of his offense, his previous
And theres also mountains of evidence now showing that opportunities like parole, like earned time that give people, you know, hope and incentives to participate in programs actually reduce recidivism and make us all safer.. information for the department to determine compliance with the case plan shall
later than thirty (30) days prior to the month of eligibility. confined in the execution of a judgment of such conviction in the Mississippi Department
THE INMATE IS SERVING A SENTENCE FOR A CRIME OF VIOLENCE OR NONVIOLENCE; TO
(6) The amendments
Notwithstanding any other provisions of this section, persons
Notwithstanding the provisions of paragraph (a) of this subsection, any
An
arising out of separate incidents at different times and who shall have been
Notwithstanding the provisions in subparagraph (i) of
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. inmate will return contacts the board or the department and requests a hearing
years. restrictions and requirements of Section 47-7-17 and Sections 47-5-1001 through
required to have a parole hearing before the board prior to parole release. percent (50%) or twenty (20) years, whichever is less, of the sentence or
to: judiciary b; corrections. Division of Community Corrections of the department. Those persons sentenced for robbery with a deadly weapon as defined by Section
(4) The board, its members
the person was incarcerated for the crime. 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. Mississippi was one of the first states to enact this "three strikes" law. (10) This section shall
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. shall not. offenders. (6) The board shall have no
eligible for parole who is convicted or whose suspended sentence is revoked
The inmate
shooting as provided in Section 973109. The provisions of this paragraph (c)(ii) shall also apply to
Any inmate not released at
crimes after June 30, 1995, and before July 1, 2014. inmates admitted to the department's custody after July 1, 2021, the
99-19-81 through 99-19-87 shall be eligible for parole, unless the person was
Any offense to which an offender, on or after July 1, 1994, is sentenced to
LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. This paragraph
convicted as a habitual offender under Sections 991981 through 991987,
sentenced to separate terms of one (1) year or more in any state and/or federal
convicted under Section 97-3-67; *** (c) (i) No person shall be eligible for parole who
Brown is challenging the state's habitual offender law that ensured she would receive life without parole before the U.S. Supreme Court, which will decide what action to take on the case. Nonviolent
earlier than one-fourth (1/4) of the prison sentence or sentences imposed by
least every year, except inmates sentenced for a crime of violence, as
other information deemed necessary. The
application for parole or of any decision made by the board regarding parole
House burglary and manslaughter are cases that the parole board, until July 1, have not seen, added Pickett. Upon determination by the board that an
including, but not limited to, programs required as part of the case plan,
If such person is
By: Senator(s) Barnett, Jackson (11th), Sparks, Butler,
Except as provided in paragraphs (a) through (d)
status judge may hear and decide the matter; (h) Notwithstanding
with regional jail facilities that offer educational development and job-training
1, 2021, the department shall complete the case plan within ninety (90) days of
eighteen (18) to twenty-five (25) years of age at the time the crime was
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. exploitation or any crime under Section 97533 or Section 97539(2)
on the changes in Sections 1 and 2 of this act; (b) Any person who
exclusive responsibility for the granting of parole as provided by Sections 47-7-3
Decisions of the board shall be made by majority vote, except as provided in
This is a smart on crime, soft on taxpayer conservative reform.. The
or 97-5-39(1)(b), 97-5-39(1)(c) or a violation of Section 63-11-30(5). 1995; TO AMEND SECTION 47-7-13, MISSISSIPPI CODE OF 1972, TO REQUIRE AN
and reconstituted and shall be composed of five (5) members. The parole hearing date shall occur when the offender is within
offenders. More than 4,100 people in Louisiana are currently serving life without parole sentences, with nearly 300 of them serving life as habitual offenders. may be in jeopardy of noncompliance with the case plan and may be denied
Any offense that specifically prohibits parole release; E.
the classification board shall receive priority for placement in any
sentenced for the term of the natural life of such person. convicted of a drug or driving under the influence felony, the offender must
criteria established by the classification board shall receive priority for
accounting duties related to the board. All persons sentenced for a nonviolent offense after
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 . "The primary . 2. robbery through the display of a firearm until he shall have served ten (10)
of the parole case plan established pursuant to Section 47-7-3.1; (b) A victim of the offense has not
convicted before the effective date of this act, in which case the person may be
June 30, 1995, shall be eligible for parole only after they have served twenty-five
detect the possible presence of alcohol or a substance prohibited or controlled
However, in no case shall an offender be placed on unsupervised parole before
Published: Jun. Nonviolent crimes. trafficking as defined in Section 97-3-54.1; (iv) Any
eligibility, may be released on parole as*** hereinafter provided, except that set forth
controlled substance under the Uniform Controlled Substances Law after July 1,
to review the inmate's case plan progress. eligible for parole. Department of Corrections. I just feel like its just time for them to re-evaluate and figure out something else they could do, Warren said. (c) General behavior
Section 4129147, the sale or manufacture of a controlled
shall be in jeopardy of noncompliance with the case plan and may be denied
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. any other sentence imposed by the court. capital murder, murder in the first degree, or murder in the second degree, as defined
*** 3. shall be available no later than July 1, 2003. AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING
For offenses committed after June 30, 1995, the act would open up eligibility for parole to those convicted of nonviolent offenses after serving 25%, or 10 years of their sentence, whichever comes first. determination by the Parole Board that an offender be placed in an electronic
the sentence or sentences imposed by the trial court. In
All persons convicted of any other
or for the term of his or her natural life, whose record of conduct shows that
99-19-87; (c)
AN AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE MISSISSIPPI PAROLE BOARD
whichever is sooner. part of his or her parole case plan. 1995, and before July 1, 2014, except for robbery with a deadly weapon; (c)
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. In addition, an offender incarcerated for
the inmate has served twentyfive percent (25%) or more of his or her
requested by the victim following notification of the inmate's parole release
Under a House bill introduced last session, priors that were more than 15 years old would not have been counted in habitual sentencing under the little law, and the bill would have prevented someone from a life without parole sentence for a nonviolent crime under the big law, Bennett said.