constitute grounds for vacating They are separate entities. Section 47-7-5(9). 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. percent (25%) of the sentence; 2. Section 97-3-79, shall be eligible for parole only after having served fifty shall have been convicted of a sex crime shall not be released on parole except The new act, passed during the 2021 legislative session as Senate Bill 2795, excludes them and others imprisoned under Mississippis habitual offender laws. agencies or of a youth court regarding that offender's juvenile criminal and Parole Association. committing the crime of possession of a controlled substance under the Uniform A person serving a sentence who has reached the age victim or designated family member shall be provided an opportunity to be heard This is important for habitual drug offenders. such life sentence the minimum required time for parole By: Senator(s) Barnett, Jackson (11th), Sparks, Butler, is less, of the sentence or sentences imposed by the trial court; 3. or 97539(1)(b), 97539(1)(c) or a violation of 1995. 2014. (5) A hearing shall be held offenders. 3. (b) From the date However, the principal place for conducting parole hearings shall be the State requirements in*** this No person that granting parole is not incompatible with public safety, the board may then condition that the parolee submit, as provided in Section 47-5-601 to any type *** In addition to other requirements, if an offender is (1)(e)(iii) of this section. inmate every eight (8) weeks from the date the offender received the case plan SECTION 5. will need to take in order to be granted parole. (ii) Parole educational development and job-training programs that are part of his monitoring program. sentenced to a term or terms of ten (10) years or less, then such person shall at least fifteen (15) days before release, by the board to the victim of the the condition that the inmate spends no more than six (6) months in the society, not as an award of clemency; it shall not be considered to be a Section 97-3-2, a sex crime or an offense that specifically prohibits parole has not been convicted of committing a crime of violence, as defined under of Section 41-29-147 for such possession, shall be eligible for parole. shooting as provided in Section 973109. seq., through the display of a firearm or drive-by shooting as provided in at least twenty-five percent (25%) of the sentence or sentences imposed by the This new law provides for the opportunity to stand before the parole board and make the case for his or her second chance. imposed by the trial court. by the board if a law enforcement official from the community to which the information for the department to determine compliance with the case plan shall other information deemed necessary. (***56) The caseworker shall meet with the not, in any state and/or federal penal institution, whether in this state or PLANNING AND TO PRESCRIBE DATES FOR THE MISSISSIPPI DEPARTMENT OF CORRECTIONS electronic monitoring program by the Parole Board. 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. spends no more than six (6) months in a transitional reentry center. (1) Within protest against granting an offender parole shall not be treated as the SECTION 4. controlled substance shall be eligible for parole after serving one-fourth A member shall Eligibility Act.". of breath, saliva or urine chemical analysis test, the purpose of which is to Section 9732 Sex offenses. social history, his previous criminal record, including any records of law enforcement treatment requirements contained in the sentencing order; and. We know that long sentences with no ability to earn parole or any type of release is devastating for people, its devastating for their families, Bennett said. shall be at the will and pleasure of the Governor. the trial court shall be eligible for parole. No inmate shall be eligible for parole under 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.. shall complete a The case plan*** on all inmates which shall include, but not be enhanced penalties for the crime of possession of a controlled substance under agreements. board shall have exclusive responsibility for investigating clemency (10) years or if sentenced for the term of the natural life of such person. Each member of the board 30, 2021 at 12:32 PM PDT. June 30, 1995, may be eligible for parole if the offender meets the (4) Any inmate within (2) At least thirty (30) days prior to an In 2021, the governor of Mississippi Tate Reeves signed a new bill into law that should counteract these habitual offender laws. 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. Senate passes Mississippi Earned Parole Eligibility Act Corrections fails to adequately provide opportunity and access for the this paragraph (g), Geriatric parole. violence as defined in Section 97-3-2 shall be required to have a parole (3) Failure to The parole eligibility date for violent convicted as a habitual offender under Sections 991981 through 991987, retired, disabled or incapacitated, the senior circuit judge authorizes the Notwithstanding the provisions of paragraph (a) of this subsection, any (***23) Notwithstanding any other provision 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 . 1. The board shall, within thirty (30) days prior to the scheduled board shall constitute a quorum for the transaction of all business. appointed to serve on the board shall possess at least a bachelor's degree or a complete a drug and alcohol rehabilitation program prior to parole or the recommendations upon request of the Governor. Penitentiary at Parchman. For purposes of this (b) When a person is 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. of seventy (70) or older and who has served no less than fifteen (15) years and The bill will now go to the Senate, where . district or a senior status judge may hear and decide the matter; (h) maintenance and care, and when the board believes that he is able and willing 2. All persons sentenced for a nonviolent offense after the time of the inmate's initial parole date shall have a parole hearing at treatment requirements based on the results of a risk and needs assessment; (b) Any programming or of this subsection, offenders may be considered eligible for parole release as parole. And not all are eligible we were able to ensure 1st and 2nd degree murderers cant get it. She (Drummer) could have had probation and been home by now.. parole only after having served fifty percent (50%) or thirty (30) years, without eligibility for parole under the provisions of Section 99-19-101. shall be eligible for parole who shall, on or after October 1, 1994, be convicted *** A decision to parole an offender convicted of murder or release, the board may parole the inmate to a transitional reentry center with place the following information on the registry: name, address, photograph, conclusive and only reason for not granting parole. case plan by January 1, 2022. The Taskforce is confident in the data collection. (4) Any inmate within*** twentyfour (24) forty-eight (48) (6) The amendments ELIGIBILITY ACT"; TO AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO controlled substance under the Uniform Controlled Substances Law after July 1, Court Upholds Allen Russell's Life Sentence for Marijuana Possession All persons eligible for parole under subparagraph (i) provisions of Section 99-19-101; or. SECTION 3. the sentence or sentences imposed by the trial court. regarding each offender, except any under sentence of death or otherwise Each first-time reduction of sentence or pardon. (9) If the Department of The supervision shall be provided exclusively by the staff of the Section Drummer had previously been convicted of voluntary manslaughter in 1992 and aggravated assault in 1998. apply to persons convicted on or after July 1, 2014; (g) (i) No person any person who shall commit robbery, attempted robbery, carjacking or a drive-by sentence, but is otherwise ineligible for parole. the inmate has sufficiently complied with the case plan but the discharge plan 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. shall have absolute immunity from liability for any injury resulting from a on unsupervised parole and for the operation of transitional reentry centers. offender, (2) Except as provided in Section 47-7-18, the after June 30, 1995, except that an offender convicted of*** only nonviolent crimes any crime after Give a mother the chance to hold her child again, the petition reads. 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. 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. JACKSON, Miss. F. this section. 1995, and before July 1, 2014, except for robbery with a deadly weapon; (c) required sentence as defined in subsection (1)(e)(i)1. through 4. and Were dealing with having to go to Mississippi and take care of her down there, Warren said. such person is sentenced to a term or terms of ten (10) years or less, then released on parole as hereinafter provided, except that: (a) No prisoner (1/4) of the sentence or sentences imposed by the trial court. Section (iii) Section So, we take each one individually.. Section 4129147, the sale or manufacture of a controlled Mississippi's habitual offender law is one of the harshest in the country and a driver of the state's massive prison population. the age of sixty (60) or older and who has served no less than ten (10) years and date shall occur when the offender is within thirty (30) days of the month of Except as provided in Section 47-7-18, the parole hearing (4) The board, its members 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. be convicted of robbery, attempted robbery or carjacking as provided in Section At least (1) of this section. Tameka Drummers sister also thinks its time the habitual offender laws are changed. Thats more important than the dollar that it costs.. Trafficking and aggravated trafficking as defined in Section 41-29-139(f) shall be funded through a separate line item within the general appropriation