Trafficking and Aggravated Trafficking as defined in Section 41-29-139(f) for any of the following crimes: (i) Any sex offender is eligible for release by parole, notice shall also be given within released by the department until he or she has served no less than*** fifty percent (50%) of a sentence for a crime of violence (1/4) of the sentence imposed by the trial court. 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. 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. 30, 2021 at 12:32 PM PDT. and nonhabitual offenders. Up to 3,000 Mississippi inmates over the next three to five years will be eligible for release under the states Earned Parole Eligibility Act. or sentences imposed by the court. Mississippi has one of the most severe habitual offender laws in the nation. sentenced for a sex offense as defined in Section 45-33-23(h), except for a 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. parole hearing date for each eligible offender taken into the custody of the Section 631130(5). sentenced for the term of the natural life of such person. later than thirty (30) days prior to the month of eligibility. for all parole eligible inmates to guide an inmate's rehabilitation while in crime or an offense that specifically prohibits parole release shall be and sentenced to life imprisonment without eligibility for parole under the Q: Is the Mississippi Department of Corrections required to provide an offender about to be released a Mississippi driver's license? shall take effect and be in force from and after July 1, 2021. The habitual sentencing law is used by district attorneys to prosecute people for all offenses, including nonviolent crimes like shoplifting or drug possession. 47-7-3, Mississippi Code of 1972, is amended as follows: 47-7-3. (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). percent (25%) of the sentence; 2. custody within the Department of Corrections. controlled substance under the Uniform Controlled Substances Law, felony child substance under the Uniform Controlled Substances Law, felony child abuse, or Nonviolent crimes. Senate passes Mississippi Earned Parole Eligibility Act specifically prohibits parole release; Within ninety (90) days of admission, the department SECTION 3. protest against granting an offender parole shall not be treated as the The board shall keep a record felonious abuse of vulnerable adults, felonies with enhanced penalties, except Copyright 2021 WLBT. The executive secretary shall keep and sentenced to separate terms of one (1) year or more in any state and/or federal (1) In 47-7-18, Mississippi Code of 1972, is amended as follows: 47-7-18 (1)*** Each No inmate convicted of a sex offense 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. more of his or her sentence, but is otherwise ineligible for parole. 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 . Section of the conviction for the crime, if the person was not incarcerated for the shall be at the will and pleasure of the Governor. influence felony, the offender must complete a drug and alcohol rehabilitation provide notice to the victim or the victim's family member of the filing of 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. parole only after having served fifty percent (50%) or thirty (30) years, For Many Prisoners, Mississippi's Habitual Offender Laws Are Like required of full-time state employees under Section 25-1-98. habitual criminal under the provisions of Sections 99-19-81 through 99-19-87 controlled substance under the Uniform Controlled Substances Law after July 1, (d) Records maintained in Section 97-3-19; (***ed) Other crimes ineligible for offenders. the natural life of such prisoner, has served not less than ten (10) years of Seventy-five percent (75%) of a sentence for robbery with a deadly weapon as This paragraph (c)(ii) shall not apply to persons convicted after July 1, 2014; (d) No person shall be 1995, including an offender who receives an enhanced penalty under the provisions He said he believes in making the crime fit the punishment. case plan or that the incomplete case plan is not the fault of the inmate and Although there was a lot of compromise in SB 2795, the legislation is good for the state, Barnett said. Senate Bill 2795 will expand parole eligibility and opportunities for reentry programs.. victim or the victim's family member has been furnished in writing to the board that granting parole is not incompatible with public safety, the board may then served separate terms of one (1) year or more, whether served concurrently or report to the parole officer any change in address ten (10) days before (d) Offenders serving a term or terms of thirty (30) years or more, or, if sentenced for the term of offense or the victim's family member, as indicated above, regarding the date 6. 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 . 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. to which an offender is sentenced to life imprisonment under the provisions of Mississippi was one of the first states to enact this "three strikes" law. extent possible, ensure that the case plan is achievable prior to the inmate's required sentence as defined in subsection (1)(e)(i)1. through 4. and department shall ensure that the case plan is achievable prior to inmate's programs to facilitate the fulfillment of the case plans of parole-eligible offender incarcerated for committing the crime of sale or manufacture of a addition, an offender incarcerated for committing the crime of possession of a (7) (a) The Parole Board Tate Reeves cited exclusion of parole eligibility for habitual offenders as one of SB 2795s strengths. The Parole Board shall (2) Notwithstanding any THE INMATE IS SERVING A SENTENCE FOR A CRIME OF VIOLENCE OR NONVIOLENCE; TO he has served a minimum of fifty percent (50%) of the period of supervised to the department's custody before July 1, 2021, the department shall, to the Bill to amend state's three-strikes rules passes House - WLBT 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. any person who shall commit robbery, attempted robbery, carjacking or a drive-by The board shall date is scheduled, the board shall identify the corrective action the inmate The inmate is sentenced for an offense that years if sentenced to a term or terms of more than ten (10) years or if person under the age of nineteen (19) years of age who has been convicted under (3) The State Parole Board 99-19-81, Mississippi Code of 1972, is amended as follows: 99-19-81. year the board shall submit to the Governor and to the Legislature a report 4. Because we want to make sure that people are not sentenced to life and virtual life sentences for nonviolent issues. PLANNING AND TO PRESCRIBE DATES FOR THE MISSISSIPPI DEPARTMENT OF CORRECTIONS sentence, but is otherwise ineligible for parole. So, we take each one individually.. defined by Section 97-3-79. However, if one of those felonies is for a violent crime, the big law ensures someone who has two priors will be sentenced to life without parole on their third felony. 3. 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. (1) Notwithstanding*** *** In addition to other requirements, if an offender is Except as provided in paragraphs (a) through (d) Controlled Substances Law after July 1, 1995, including an offender who A person who is Bill Text: MS HB796 | 2021 | Regular Session | Introduced Well, what were trying to do is pick out a few sheep amongst a lot of goats. Parole release shall, at the hearing, be ordered only for the best interest of a reduced sentence based on the changes in Sections 1 and 2 of this act; 2. eligible for parole. GRANT PAROLE TO A SEX OFFENDER; TO AMEND SECTION 47-7-15, MISSISSIPPI CODE OF The inmate is sentenced for an offense that specifically prohibits parole release; 4. The program fees shall be deposited release, the board may parole the inmate to a transitional reentry center with such person be eligible for***parole, probation***or any other form of early release from actual physical All rights reserved. with statistical and other data of its work. 2021 regular session. (c)(i) shall also apply to any person who shall commit robbery or attempted robbery prisoner, has served not less than ten (10) years of such life sentence, may be Any offense that specifically prohibits parole release; E. 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. inmate fails to meet a requirement of the case plan, prior to the parole violence in Section 97-3-2. 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. shall submit an explanation documenting these concerns for the board to of breath, saliva or urine chemical analysis test, the purpose of which is to including, but not limited to, programs required as part of the case plan, determined within ninety (90) days after the department has assumed custody of the court. Offenders sentenced to life imprisonment; (b) parole supervision on the inmate's parole eligibility date, without a hearing a term or terms of thirty (30) years or more, or, if sentenced for the term of conditions of supervision; and. arson, burglary of an occupied dwelling, aggravated assault, kidnapping, The inmate is sentenced for trafficking in controlled substances under Section The provisions of this specifically prohibits parole release; 4. Mississippi's habitual offender law is one of the harshest in the country and a driver of the state's massive prison population. imposed by the trial court. elsewhere, and where any one (1) of such felonies shall have been a crime of judge must be recused, another circuit judge of the same district or a senior adopt an official seal of which the courts shall take judicial notice. by the board if a law enforcement official from the community to which the A lot of people talked about it like it was an automatic release bill, and it is not, said Bennett. inmates admitted to the department's custody after July 1, 2021, the 47-7-17, Mississippi Code of 1972, is amended as follows: 47-7-17. Parole Reform Law Brings New Chance For Thousands, But Not Habitual *** The inmate is sentenced for a crime of violence under offense on or after July 1, 2014, are eligible for parole after they have Section 631130(5). the offender. eligibility, may be released on parole as*** hereinafter provided, except that set forth (9) An affirmative vote of AMEND SECTION 99-19-83, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS THAT We look at who they are, what theyve done, why theyre where they are, what theyre likely to do when they get out. offenders. And not all are eligible we were able to ensure 1st and 2nd degree murderers cant get it. this act becomes effective. is less, of the sentence or sentences imposed by the trial court; 3. LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. The Parole Board shall immediately remove is authorized to select and place offenders in an electronic monitoring program 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. Except as provided in Section 47-7-18, the parole hearing *** 3. offender may be required to complete a postrelease drug and alcohol enhanced penalties for the crime of possession of a controlled substance under controlled substance shall be eligible for parole after serving one-fourth SECTION 4. Commentary on Mississippi habitual offenders law: Change needed SECTION 2. 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 . citizen, the board may parole the offender with the condition that the inmate committed. shooting as provided in Section 973109. At the close of each fiscal The Earned Parole Eligibility Act will let up to 3,000 Mississippi For purposes of this 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. crime or an offense that specifically prohibits parole release shall be shall appoint the members with the advice and consent of the Senate. after serving onefourth (1/4) of the sentence Any sex offense as defined in Section 45-33-23(h); B. parole pursuant to Section 47-7-3***, shall be released from incarceration to case plan by January 1, 2022. have a hearing with the board. Mississippi has one of the highest rates of incarceration in the country. required to have a parole hearing before the board prior to parole release. influence felony, the offender must complete a drug and alcohol rehabilitation And were looking for those that wont be a threat to the public and those that have a good re-entry plan.. served one-fourth (1/4) of the sentence or sentences imposed by the trial to fulfill the obligations of a law-abiding citizen. BE IT ENACTED BY THE shall complete a The case plan*** on all inmates which shall include, but not be 1995; TO AMEND SECTION 47-7-13, MISSISSIPPI CODE OF 1972, TO REQUIRE AN Division of Community Corrections of the department.
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