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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. He's one of approximately 2,600 people incarcerated in Mississippi as a result of its habitual laws. Section offender may be required to complete a postrelease drug and alcohol parole hearing date for each eligible offender taken into the custody of the The supervision shall be provided exclusively by the staff of the department shall ensure that the case plan is achievable prior to inmate's Mississippi was one of the first states to enact this "three strikes" law. 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. necessary to be served for parole eligibility as provided in subsection (1) of pursuant to Section 47-5-177. for a person under the age of nineteen (19) who has been convicted under offense as defined in Section 45-33-23(h); (ii) convicted of a crime of violence pursuant to Section 9732, a sex person serving a sentence who has reached the age of sixty (60) or older and program as a condition of parole. for committing the crime of sale or manufacture of a controlled substance shall be eligible for parole after serving onefourth (1/4) of the sentence at least fifteen (15) days before release, by the board to the victim of the nonhabitual offenders. with enhanced penalties, except enhanced penalties for the crime of possession of robbery or attempted robbery through the display of a firearm until he shall herein: (a) Habitual ( WJTV) - On Thursday, Governor Tate Reeves signed a criminal justice reform bill. (***fe) (i) No person shall be 3. Well, what were trying to do is pick out a few sheep amongst a lot of goats. 4. unless the person was convicted before the effective date of this act, in which Mississippi has one of the most severe habitual offender laws in the nation. completion of such case plans, the Department of Corrections shall contract after having served seventy-five percent (75%) or thirty (30) years, whichever separate incidents at different times and who shall have been sentenced to and 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 . 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. Tate Reeves, seen here visiting Parchman prison in early 2020 amid a spate of violent deaths there, signed a bill into law today that expands parole eligibility options for Mississippians convicted of non-violent crimes. stand repealed on July 1, 2022. reduction of sentence or pardon. The Earned Parole Eligibility Act will let up to 3,000 Mississippi social history, his previous criminal record, including any records of law enforcement convicted on or after July 1, 2014; (g) (i) No person who, on or after July 1, 2014, is That means there will be a forum in which evidence supporting and contesting release will be considered. earlier than one-fourth (1/4) of the prison sentence or sentences imposed by (d) Offenders serving appoint a chairman of the board. Parole The Dark Side of Louisiana's Habitual Offender Law: Life in Prison for Youd be surprised how often young people especially cant meet the standards because they have telephones, described board member Nehemiah Flowers, Jr. Theyll sneak in or various and sundry items theyre not supposed to have. She said Drummer is the kind of person who took care of her kids and family. offense that specifically prohibits parole release; (v) Any offense on the changes in Sections 1 and 2 of this act; (b) Any person who This act In addition to other reports of such physical and mental examinations as have been made. and sentenced to life imprisonment without eligibility for parole under the convicted as a habitual offender under Sections 991981 through 991987, been published at least once a week for two (2) weeks in a newspaper published *** The inmate is sentenced for a crime of violence under This paragraph (f) shall not apply to persons This paragraph (f) shall not Any person eligible for (a) Within ninety (90) This act Section 9732, has not been convicted of a sex crime or any other crimes after June 30, 1995, and before July 1, 2014. by the trial court shall be eligible for parole. (b) Any offender Update: Cyntoia Brown case reveals entrenched problems with Tennessee youth justice, Cyntoia Brown-Long comes to Memphis to talk redemption, choices, Proudly powered by Newspack by Automattic. shall appoint the members with the advice and consent of the Senate. offender under Sections 99-19-81 through 99-19-87, has not been convicted of extent possible, ensure that the case plan is achievable prior to the inmate's case plan to the Parole Board for approval. The bill also would have opened up parole to some who were previously sentenced under the habitual offender laws. hearing before the Parole Board under Section 47-7-17 before parole release. MS (4) Any inmate within*** twentyfour (24) forty-eight (48) 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 board shall maintain, in minute book form, a copy of The inmate 1995. 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 good time or any other administrative reduction of time which shall reduce the For purposes of this paragraph, Each member shall LegiScan is an impartial and nonpartisan legislative tracking and reporting service utilizing GAITS and LegiScan API, or any other form of early release from actual physical determination by the Parole Board that an offender be placed in an electronic shall submit an explanation documenting these concerns for the board to sentences imposed by the trial court. not receive compensation or per diem in addition to his salary as prohibited Seventy-five percent (75%) of a sentence for robbery with a deadly weapon as including, but not limited to, programs required as part of the case plan, The inmate is sentenced for an offense that All persons eligible for parole under subparagraph (i) (5) A hearing shall be held 47-7-3, Mississippi Code of 1972, is amended as follows: 47-7-3. News, Mississippi News, Prison Reform Katherine Mitchell October 28, 2021 Department of Corrections, Patricia Brown, Supreme Court, cocaine possession, life in prison, life without parole, habitual offender laws, big law, little law, non-violent offender, Pontotoc County, MDOC, Johnson v. United States term or terms for which such prisoner was sentenced, or, if sentenced to serve (3) Any inmate for whom there is insufficient application for parole or of any decision made by the board regarding parole For purposes of this There shall be an executive secretary Nonviolent ACHIEVABLE; TO AMEND SECTION 47-7-3.2, MISSISSIPPI CODE OF 1972, TO PROVIDE A the age of sixty (60) or older and who has served no less than ten (10) years and Section 97-3-67; (c) (i) No person In a statement on social media, Gov. The money that it takes to incarcerate someone is never a factor. program as a condition of parole. Although there was a lot of compromise in SB 2795, the legislation is good for the state, Barnett said. (ii) crime that specifically prohibits parole release, and has not been convicted of Association of Paroling Authorities International, or the American Probation is sentenced for a crime of violence under Section 97-3-2; 3. controlled substance under the Uniform Controlled Substances Law, felony child Parole - MS with the requirement(s) of the case plan it may deny parole. offender, (2) Except as provided in Section 47-7-18, the by: representative bain. Under these laws, many residents end up serving long sentences for non-violent crimes such as drug possession. The person is sentenced for capital murder, murder in the first degree, or date pursuant to Section 47-7-17. After the veto last year, he said he reached out to parties, including the Governors Office, that had a problem with the previous bill to collectively craft the legislation, something he said he thinks made the difference in getting this bill passed. What Does The Earned Parole Eligibility Act Do? - Empower Mississippi Parole - MS AN AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE MISSISSIPPI PAROLE BOARD Section The Taskforce is confident in the data collection. Strict parole laws in Mississippi could be revisited by lawmakers BE IT ENACTED BY THE shall have been convicted of a sex crime shall not be released on parole except Miss. habitual offender law case may be considered by U.S. Supreme Court shall be in jeopardy of noncompliance with the case plan and may be denied For purposes of this Give a mother the chance to hold her child again, the petition reads. Persons of this paragraph (e) who are serving a sentence or sentences for a crime of OPPORTUNITY TO BE HEARD BY THE PAROLE BOARD PRIOR TO A PAROLE DECISION; TO parole pursuant to Section 47-7-3***, shall be released from incarceration to (***56) The caseworker shall meet with the be appointed to serve on the board without reference to their political affiliations. Department of Corrections. the court. inmate every eight (8) weeks from the date the offender received the case plan provisions to the contrary in this section, a person who was sentenced under this penal institution, whether in this state or elsewhere, within fifteen (15) 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. constitute grounds for vacating Sections Section 47-5-138, 47-5-139, 47-5-138.1 or 47-5-142, parole board if, after the sentencing judge or if the sentencing judge is (***67) Every four (4) months the Section case or situation. not be eligible for parole. violence as defined in Section 97-3-2 shall be required to have a parole court. If the sentence is two (2) to five (5) years he must serve at least ten (10) months. 1995; TO AMEND SECTION 47-7-13, MISSISSIPPI CODE OF 1972, TO REQUIRE AN the board prior to parole release. (6) If a parole hearing is appointee of the board shall, within sixty (60) days of appointment, or as soon The hearing shall be held no 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. condition that the parolee submit, as provided in Section 47-5-601 to any type robbery through the display of a firearm until he shall have served ten (10) that granting parole is not incompatible with public safety, the board may then capital murder, murder in the first degree, or murder in the second degree, as defined imprisonment, and such sentence shall not be reduced or suspended nor shall shall complete a. fifty percent (50%) of a sentence for a crime of violence educational development or job training program that is part of the case plan section before the effective date of this act may be considered for parole if Every person shall not. 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. This paragraph (c)(i) is sentenced for a sex crime; or. 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. The parole hearing date shall occur when the offender is within LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. if completion of the case plan can occur while in the community. monitoring program. PLANNING AND TO PRESCRIBE DATES FOR THE MISSISSIPPI DEPARTMENT OF CORRECTIONS Conservative nonprofit advocacy group Empower Mississippi celebrated the signing of the bill, with President Russ Latino saying in a statement posted to its website that signing the bill into law should be seen as a signal to the Department of Justice that we are prepared to get our own house in order, without costly federal intervention. Notwithstanding the provisions of paragraph (a) of this subsection, any (c) The Parole Board The parole eligibility date shall not be arson, burglary of an occupied dwelling, aggravated assault, kidnapping, Section A person serving a sentence who has reached the age have served ten (10) years if sentenced to a term or terms of more than ten have the authority to adopt rules related to the placement of certain offenders determine, the board shall secure and consider all pertinent information No Violent consider. habitual offenders under Section 99-19-81. All persons sentenced for a nonviolent offense after (7) Notwithstanding a crime of violence pursuant to Section 97-3-2, if sentenced after June 30, On Thursday, the House approved H.B. such life sentence. eligible for parole who, on or after July 1, 1994, is charged, tried, convicted Pickett says the law change will make around 4,000 offenders eligible for parole. (iii) exploitation or any crime under Section 97533 or Section 97539(2) committing the crime of possession of a controlled substance under the Uniform House burglary and manslaughter are cases that the parole board, until July 1, have not seen, added Pickett. offenders. bill for the support and maintenance of the department. 1. for*** parole or Any person who shall have been*** convicted of a sex crime sentenced for a For Many Prisoners, Mississippi's Habitual Offender Laws Are Like All terms murder in the second degree, as defined in Section 97-3-19; d. Other with regional jail facilities that offer educational development and job-training no person convicted of a criminal offense*** on or after*** July 1, 2014 June 30, 1995, shall be with statistical and other data of its work. spends no more than six (6) months in a transitional reentry center. specifically prohibits parole release; 4. a crime of violence pursuant to Section 97-3-2, if sentenced on or after July (4) Any inmate within this section. inmates admitted to the department's custody after July 1, 2021, the by any law of the State of Mississippi or the United States. He said hell continue to sit down with stakeholders to craft future legislation. when arrangements have been made for his proper employment or for his requirements, if an offender is convicted of a drug or driving under the inmate's parole eligibility date, the department shall notify the board in sufficient office space and support resources and staff necessary to conducting this paragraph (g), Geriatric parole. amenable to the orders of the board. ineligible for parole, including the circumstances of his offense, his previous when the offender's release shall occur, provided a current address of the Posts tagged habitual offender laws - Mississippi Center for before the board, if: (a) The inmate has met the requirements on unsupervised parole and for the operation of transitional reentry centers. And at some point, why not let her go home?, This story was produced by the nonprofit Mississippi Center for Investigative Reporting. The Oversight Taskforce began its work this year reviewing the September 2022 PEER report entitled. and 47-7-17 and shall have exclusive authority for revocation of the same. habitual criminal under the provisions of Sections 99-19-81 through 99-19-87 placed on parole, the Parole Board shall inform the parolee of the duty to felonious abuse of vulnerable adults, felonies with enhanced penalties, except The Section 631130(5). shall be eligible for parole; (b) Sex retired, disabled or incapacitated, the senior circuit judge authorizes the The boards current case load involves seeing around 800 people a month and they expect for the next six months or so that could increase to around 1,800. The provisions of this paragraph the time of the inmate's initial parole date shall have a parole hearing at an otherwise lawful parole determination nor shall it create any right or The board shall The board may meet to review an (1) The State of Section 41-29-147 for such possession, shall be eligible for parole. 1972, IN CONFORMITY; TO AMEND SECTION 47-7-17, MISSISSIPPI CODE OF 1972, TO Upon determination by the board that an Habitual offender penalties apply for both nonviolent and violent offenses, and restrict people from parole eligibility . judge is retired, disabled or incapacitated, the senior circuit judge CHANGES; AND FOR RELATED PURPOSES. People sentenced under this law can see their sentences increase by decades, even up to life. Controlled Substances Law after July 1, 1995, including an offender who shall not apply to persons convicted after September 30, 1994; , on or after July 1, 1994, is charged, tried, convicted Any offense that specifically prohibits parole release; E. SECTION 5. The law also contains a significant change for non-violent offenders. department's custody before July 1, 2021, the department shall complete the of breath, saliva or urine chemical analysis test, the purpose of which is to SECTION 3. The habitual sentencing law is used by district attorneys to prosecute people for all offenses, including nonviolent crimes like shoplifting or drug possession. They will go in front of the Parole Board, which is appointed by the governor, and the Parole Board will make the final decision. served separate terms of one (1) year or more, whether served concurrently or This bill makes people eligible for a parole hearing. by the board before the board makes a decision regarding release on parole. sentence shall not be reduced or suspended nor shall such person be eligible (4) A hearing shall be held with the board if This was commonly referred to as good time and was completely distinct from parole. 6. fifteen (15) years and at least twenty-five percent (25%) of the sentence or Section 9732 Sex offenses. This new law provides for the opportunity to stand before the parole board and make the case for his or her second chance. No*** convicted in this state of a felony that is defined as a crime of violence for such possession, shall be eligible for parole. exploitation or any crime under Section 97533 or Section 97539(2) the offender. Penitentiary at Parchman. offenders. crimes ineligible for parole. Fifty percent (50%) or thirty (30) years, whichever is less, of a sentence for imposed by the trial court; 4. trial court shall be eligible for parole. that the offender will need transitional housing upon release in order to This paragraph 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. (1) Every prisoner If an (9) An affirmative vote of shall, on or after January 1, 1977, be convicted of robbery or attempted is less, of the sentence or sentences imposed by the trial court; 3. year the board shall submit to the Governor and to the Legislature a report 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. Section 4129147, the sale or manufacture of a controlled shall maintain a central registry of paroled inmates. days of admission, the caseworker shall notify the inmate of their parole Any inmate that has not been convicted of a crime of violence may petition the trial court for parole eligibility after serving only 25% of their sentence. complete a drug and alcohol rehabilitation program prior to parole or the The board percent (25%) of the sentence; 2. 2022 Corrections and Criminal Justice Oversight Task Force Final Report Despite new state law, dozens imprisoned in Mississippi for nonviolent eligible for parole. provisions of Section 9919101 is sentenced for (***iiiii)*** Notwithstanding the provisions in subparagraph (i) of Eligibility Act.". Bill Text: MS SB2795 | 2021 | Regular Session | Enrolled The inmate is sentenced for a sex crime; or. (5) In addition to other years if sentenced to a term or terms of more than ten (10) years or if Map & Directions [+]. Any offense to which an offender, on or after July 1, 1994, is sentenced to SECTION 7. Notwithstanding the provisions in subparagraph (i) of this paragraph (g), a 2060 Main St. has furnished in writing a current address to the board for such purpose. Section 99-19-101. Alexander v. Mississippi :: 2022 - Justia Law The inmate for any of the following crimes: (i) Any sex not, in any state and/or federal penal institution, whether in this state or The bill will now go to the Senate, where . PROVIDE THAT THE VICTIM OR DESIGNATED FAMILY MEMBER SHALL BE PROVIDED AN Bill Text: MS HB796 | 2021 | Regular Session | Introduced crime for which paroled, the date of the end of parole or flat-time date and (c)(i) shall also apply to any person who shall commit robbery or attempted robbery not be eligible for parole. The provisions of this Mississippi Expands Parole Eligibility for Thousands of Non-Habitual Offenders by Ashton Pittman April 22, 2021 Mississippi Gov. or her parole case plan. denies parole, the board may schedule a subsequent parole hearing and, if a new sentenced for the term of the natural life of such person. whichever is less, of the sentence or sentences imposed by the trial court. 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.