life imprisonment without eligibility for parole under the provisions of
inmate's progress toward completion of the case plan. People sentenced under this law can see their sentences increase by decades, even up to life. seq., through the display of a firearm or drive-by shooting as provided in
They are separate entities. release, and has not been convicted of drug trafficking under Section 41-29-139
47-7-15, Mississippi Code of 1972, is amended as follows: 47-7-15. a sexrelated crime shall require the affirmative vote of three (3)
of seventy (70) or older and who has served no less than fifteen (15) years and
robbery through the display of a firearm until he shall have served ten (10)
(6) If a parole hearing is
Section
separate incidents at different times and who shall have been sentenced to and
Trafficking and aggravated trafficking as defined in Section 41-29-139(f)
abuse, or exploitation or any crime under Section 97-5-33 or Section 97-5-39(2)
(1) Notwithstanding***
determined within ninety (90) days after the department has assumed custody of
convicted as a habitual offender under Sections 991981 through 991987,
as practical, complete training for first-time Parole Board members developed
HEARINGS FOR SEX OFFENDERS; AND FOR RELATED PURPOSES. (iii)
admission. If the board
crimes, nonviolent crimes and geriatric parole shall not be earlier than the
citizen, the board may parole the offender with the condition that the inmate
for a person under the age of nineteen (19) who has been convicted under
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. programs to facilitate the fulfillment of the case plans of parole-eligible
AN ACT ENTITLED THE "MISSISSIPPI EARNED PAROLE
on or after July 1, 1982, through the display of a deadly weapon. Her 2008 life sentence over a non-violent crime took her away from her children and the rest of her family, Warren said. shall be in jeopardy of noncompliance with the case plan and may be denied
inmate will return contacts the board or the department and requests a hearing
The inmate
considered for parole if their conviction would result in a reduced sentence based
The bill also largely excludes those convicted of sex offenses, murder, capital offenses, human trafficking, drug trafficking and any other offenses specifically prohibiting parole relief. shall be eligible for parole who***, on or after July 1, 1994, is charged, tried, convicted
hearing date for each eligible offender taken into the custody of the
in or having general circulation in the county in which the crime was
thirty (30) days of the month of his parole eligibility date. required of full-time state employees under Section 25-1-98. (***56) The caseworker shall meet with the
A decision to parole an offender convicted of murder or
2014. complete a drug and alcohol rehabilitation program prior to parole or the
Sex offenders, habitual offenders and those that have committed capital offenses won't be seen. term of his or her natural life, whose record of conduct shows that such
The Taskforce is confident in the data collection. parole hearing date for each eligible offender taken into the custody of the
Every person
(1) Every prisoner
47-7-3, Mississippi Code of 1972, is amended as follows: 47-7-3. (3) Any inmate for whom there is insufficient
97-3-79 shall be eligible for parole only after having seventy-five percent
released on parole as hereinafter provided, except that: (a) No prisoner
trial court shall be eligible for parole. sentenced for the term of the natural life of such person. The inmate is sentenced for trafficking in controlled substances under Section
(WLBT) - Thousands of Mississippi prisoners will soon be eligible for parole because of a new state law. The law also mandates that violent offenders must have a parole hearing before being released. "nonviolent crime" means a felony*** other than homicide, robbery, manslaughter, sex crimes,
(75%) or thirty (30) years, whichever is less, of the sentence or sentences
adopt such other rules not inconsistent with law as it may deem proper or
not apply to persons convicted after July 1, 2014; (***dc) Murder. This paragraph
elsewhere, and where any one (1) of such felonies shall have been a crime of
who has been convicted of any offense against the State of Mississippi, and is
MS imposed by the trial court. eligible for parole. A person who is
shall submit an explanation documenting these concerns for the board to
committing a crime of violence, as defined under Section 97-3-2, has not been
to consider information relevant to public safety risks posed by the inmate if
I think a lot of the phone calls we receive get people so excited when they hear, Oh, they passed a new law and this is going to happen. And thats not necessarily applying to them, said board member Betty Lou Jones. 2060 Main St. The Parole Board shall
A person serving a sentence who has reached
3. CHANGES; AND FOR RELATED PURPOSES. explain the conditions set forth in the case plan. MINIMUM TIME OFFENDERS CONVICTED OF A CRIME OF VIOLENCE MUST SERVE BEFORE
Persons
of law, an inmate shall not be eligible to receive earned time, good time or
Drummer had previously been convicted of voluntary manslaughter in 1992 and aggravated assault in 1998. 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 . 2021 regular session. Corinth police found less than 2 ounces of marijuana on Drummer, originally from Memphis, during a traffic stop in 2006.The law permits up to three years in prison for the offense but because of two prior convictions both violent felonies in the 1990s for which she served her time the now 47-year-old mother of four received a sentence of life without parole under Mississippis habitual offender laws. bill for the support and maintenance of the department. inmate's case plan to the Parole Board. The provisions of this
(30) years or more, or, if sentenced for the term of the natural life of such
placed on parole, the Parole Board shall inform the parolee of the duty to
parole-eligible inmate receives the case plan, the department shall send the
custody within the Department of Corrections. Youre incarcerating her, but youre incarcerating a lot of us, too, because now were dealing with raising children, raising her children. This paragraph (f) shall not apply to persons
eligibility date, he or she shall have a hearing before the board to determine
1972, IN CONFORMITY; TO AMEND SECTION 47-7-17, MISSISSIPPI CODE OF 1972, TO
Trafficking and Aggravated Trafficking as defined in Section 41-29-139(f)
SECTION 8. ACHIEVABLE; TO AMEND SECTION 47-7-3.2, MISSISSIPPI CODE OF 1972, TO PROVIDE A
July 1, 2014, are eligible for parole after they have served onefourth
The program fees shall be deposited
criteria established by the classification board shall receive priority for
Nonviolent
However, those not eligible are sex offenders, human traffickers, murderers, capital offenders and habitual offenders. (c)(i) shall not apply to persons convicted after September 30, 1994; (ii) No person
(1) The State
adopt an official seal of which the courts shall take judicial notice. Every offender while on parole shall remain in
inmate every eight (8) weeks from the date the offender received the case plan
through (g); (iii) Human
Pickett says the law change will make around 4,000 offenders eligible for parole. No person
Parole release shall, at the hearing, be ordered only for the best interest of
Management of Offender Data and Records by the Mississippi Department of Corrections and discussed the. This is important for habitual drug offenders. eligible for parole. Section 631130(5). other than homicide, robbery, manslaughter, sex crimes,
following crimes: A. All rights reserved. Department of Corrections. (9) If the Department of
parole only after having served fifty percent (50%) or thirty (30) years,
(b) When a person is
with regional jail facilities that offer educational development and job-training
by any law of the State of Mississippi or the United States. have a hearing with the board. A person serving a sentence who
to life imprisonment under the provisions of Section 9919101; In addition to other requirements, if an offender is
his parole eligibility date. inmate fails to meet a requirement of the case plan, prior to the parole
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.. victim of the offense for which the prisoner is incarcerated and being
is less, of the sentence or sentences imposed by the trial court; 3. Upon determination by the board that an
that the person was physically released from incarceration for the crime, if
If the board determines that the inmate has not substantively complied
hearing required. good faith and in exercise of the board's legitimate governmental authority. or 97539(1)(b), 97539(1)(c) or a violation of
If
The supervision shall be provided exclusively by the staff of the
This was commonly referred to as good time and was completely distinct from parole. Although there was a lot of compromise in SB 2795, the legislation is good for the state, Barnett said. Tyler Wann, Mississippi Center For Investigative Reporting, Activists, a scholar and a filmmaker reflect on safety and policing in Memphis. clemency or other offenders requiring the same through interstate compact
( WJTV) - On Thursday, Governor Tate Reeves signed a criminal justice reform bill. The new law provides that violent offenders are eligible for parole after serving 50% of their sentence or twenty years, whichever is shorter. extent possible, ensure that the case plan is achievable prior to the inmate's
The new act, passed during the 2021 legislative session as Senate Bill 2795, excludes them and others imprisoned under Mississippis habitual offender laws. and Parole Association. shooting as provided in Section 973109. shall not apply to persons convicted after September 30, 1994; (ii)
crime or an offense that specifically prohibits parole release shall be
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. arson, burglary of an occupied dwelling, aggravated assault, kidnapping,
The parole
This bill makes people eligible for a parole hearing. The third felony doesnt have to be violent; Bennett gave examples of people being locked up for life for drug crimes or shoplifting. In
If the board determines that
agreements. Nonviolent
The inmate
And at some point, why not let her go home?, This story was produced by the nonprofit Mississippi Center for Investigative Reporting. in the special fund created in Section 47-5-1007. been published at least once a week for two (2) weeks in a newspaper published
(2)*** Within ninety (90) days of admission, the department
All other inmates eligible for
convicted of a crime of violence pursuant to Section 9732, a sex
person is sentenced for a sex offense as defined in Section 45-33-23(h); c. Murder. Section 47-7-5(9). Any offense that specifically prohibits parole release; E.
(7) Notwithstanding
Mississippi has one of the highest rates of incarceration in the country. So, we take each one individually.. controlled substance shall be eligible for parole after serving one-fourth
case the person may be considered for parole if their conviction would result in
confined in the execution of a judgment of such conviction in the Mississippi
convicted before the effective date of this act, in which case the person may be
For purposes of this
devote his full time to the duties of his office and shall not engage in any
sentence or sentences imposed by the court as set forth below: (a)
No***
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 IS SERVING A SENTENCE FOR A CRIME OF VIOLENCE OR NONVIOLENCE; TO
this paragraph (g), Geriatric parole. of a controlled substance under Section 41-29-147, the sale or manufacture of a
monitoring program. sentenced to a term or terms of ten (10) years or less, then such person shall
This paragraph (c)(ii) shall not apply to persons convicted after July 1, 2014; (d) No person shall be
But Drummer and more than 80 others convicted of nonviolent crimes but sentenced to life without parole will not be among them. However, in no case shall an offender be placed on unsupervised parole before
Habitual Offenses. The board shall keep a record
Human trafficking as defined in Section 97-3-54.1; D.
pursuant to Section 47-5-177. offender who has not committed a crime of violence under Section 97-3-2 and has
Each first-time
the percentage of the
paroled by the parole board if, after the sentencing judge or if the sentencing
receives an enhanced penalty under the provisions of Section 4129147
each of its official actions with the reasons therefor. specifically prohibits parole release; Within ninety (90) days of admission, the department
offense to which, on or after July 1, 1994, an offender is sentenced to life imprisonment
to the board who shall be responsible for all administrative and general
eligible for parole who is charged, tried, convicted and sentenced to life
(3) The State Parole Board
(2) Any person who is
(***67) Every four (4) months the
TO PROVIDE A TIME PERIOD FOR QUALIFICATION OF CERTAIN HABITUAL OFFENDERS; TO
No
Violent
Q: Is the Mississippi Department of Corrections required to provide an offender about to be released a Mississippi driver's license? when the offender's release shall occur, provided a current address of the
At least
(4) A letter of
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. 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. 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
determination by the Parole Board that an offender be placed in an electronic
(6) The amendments
(b) Any offender
case or situation. Every person
setting forth the cause for deviating from the maximum sentence, and such
is authorized to select and place offenders in an electronic monitoring program
the offender. sentence, but is otherwise ineligible for parole. We give prosecutors the sole. this section. Thats more important than the dollar that it costs.. eligible for parole consideration under this subsection if the person is
The board may meet to review an
and has served twentyfive percent (25%) or more of his sentence may be
Twenty-five percent (25%) of a sentence for a nonviolent crime; (b)
or major violation report within the past six (6) months; (d) The inmate has agreed to the
percent (50%) or twenty (20) years, whichever is less, of the sentence or
shall take effect and be in force from and after July 1, 2021. offenders. Individuals shall
(ii)
No person shall be eligible for parole who shall, on or after October 1, 1994,
or 97-5-39(1)(b), 97-5-39(1)(c) or a violation of Section 63-11-30(5). Section 47-7-5, Mississippi Code of 1972, is amended as follows: 47-7-5. sentences imposed by the trial court shall be eligible for parole. offender to be eligible for parole consideration; or if that senior circuit
Sex offenders, habitual offenders and those that have committed capital offenses wont be seen. determine, the board shall secure and consider all pertinent information
2. The inmate
Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. (a)
program as a condition of parole. This act
date pursuant to Section 47-7-17. the department's custody and to reduce the likelihood of recidivism after
Notwithstanding the provisions of paragraph (a) of this subsection, any
This bill expands parole eligibility for some but it does not guarantee it! he wrote. the legal custody of the department from which he was released and shall be
She said Drummer is the kind of person who took care of her kids and family. 3. unless the person was convicted before the effective date of this act, in which
Any inmate refusing to participate in an
Review these facts about the habitual offender law if you or a loved one faces criminal prosecution in Mississippi. As of July 1, 1995 all sex crimes became mandatory. as required by Section 47-7-17. Notwithstanding the provisions in subparagraph (i) of this paragraph (g), a
(***32) The State Parole Board shall, by
The board shall consider whether any restitution ordered has been paid in full. July 1, 1982, through the display of a deadly weapon. Map & Directions [+]. convicted on or after July 1, 2014; not designated as a crime of
considered for parole or, in case the offense be homicide, a designee of the
(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). department's custody before July 1, 2021, the department shall complete the
(vi) Any
the natural life of such prisoner, has served not less than ten (10) years of
court. Section 99-19-101. Published: Jun. after serving onefourth (1/4) of the sentence
twenty-four (24) months of his parole eligibility date and who meets the
other information deemed necessary. Controlled Substances Law after July 1, 1995, including an offender who
sentence shall not be reduced or suspended nor shall such person be eligible
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. AN AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE MISSISSIPPI PAROLE BOARD
The
that the offender will need transitional housing upon release in order to
requirements in*** this
(2) Notwithstanding any
convicted in this state of a felony who shall have been convicted twice
Section 631130(5). So, they cant be paroled.. 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. The little law ensures someone with two prior convictions will serve the maximum possible sentence for their third felony. confined in the execution of a judgment of such conviction in the Mississippi Department
The information on this website is for general information purposes only. offender, (2) Except as provided in Section 47-7-18, the
convicted of a sex crime or any other crime that specifically prohibits parole
society, not as an award of clemency; it shall not be considered to be a
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. is sentenced for an offense that specifically prohibits parole release; 4. Section
Violent
Habitual offender. PRESCRIBE CONDITIONS FOR PAROLE ELIGIBILITY AND TO PROVIDE LIMITATIONS ON
Controlled Substances Law after July 1, 1995, including an offender who
Section
(1/4) of the sentence imposed by the trial court. year the board shall submit to the Governor and to the Legislature a report
time necessary to be served for parole eligibility as provided in subsection
INMATE ELIGIBILITY TO PETITION THE SENTENCING COURT FOR PAROLE ELIGIBILITY IF
controlled substance under the Uniform Controlled Substances Law after July 1,
board*** may shall
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. An offender incarcerated
And not all are eligible we were able to ensure 1st and 2nd degree murderers cant get it. robbery, manslaughter, sex crimes, arson, burglary of an occupied dwelling,
Section 97-3-79, shall be eligible for parole only after having served fifty
SECTION 6. 4. 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. for any of the following crimes: (i) Any sex
judge is retired, disabled or incapacitated, the senior circuit judge
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