AS RELATED TO PARAGRAPH 1,2,3,5 AND 8
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SENATE BILL 2795
1.) AN ACT ENTITLED THE "MISSISSIPPI EARNED PAROLE ELIGIBILITY
2.) ACT"; TO AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO
3.) PRESCRIBE CONDITIONS FOR PAROLE ELIGIBILITY AND TO PROVIDE
4.) LIMITATIONS ON INMATE ELIGIBILITY TO PETITION THE SENTENCING COURT
5.) FOR PAROLE ELIGIBILITY IF THE INMATE IS SERVING A SENTENCE FOR A
6.) CRIME OF VIOLENCE OR NONVIOLENCE; TO AMEND SECTION 47-7-3.1,
7.) MISSISSIPPI CODE OF 1972, TO PROVIDE FOR INMATE CASE PLANNING AND
8.) TO PRESCRIBE DATES FOR THE MISSISSIPPI DEPARTMENT OF CORRECTIONS
9.) TO COMPLETE CASE PLANS FOR PAROLE-ELIGIBLE INMATES TO ENSURE THAT
10.) THE PLAN IS ACHIEVABLE; TO AMEND SECTION 47-7-3.2, MISSISSIPPI
11.) CODE OF 1972, TO PROVIDE A MINIMUM TIME OFFENDERS CONVICTED
12.) OF A CRIME OF VIOLENCE MUST SERVE BEFORE RELEASE AND A MINIMUM
13.) PERCENTAGE OF OTHER SENTENCES OTHER OFFENDERS MUST SERVE
14.) BEFORE RELEASE; TO AMEND SECTION 47-7-5, MISSISSIPPI CODE OF 1972,
15.) TO REMOVE PROHIBITION AGAINST COMPENSATION OR PER DIEM OF THE
16.) MISSISSIPPI PAROLE BOARD, ITS REQUIREMENTS, AND THE MINIMUM VOTE
17.) REQUIRED TO GRANT PAROLE TO AN INMATE CONVICTED OF CAPITAL MURDER
18.) OR SEX OFFENSE; TO AMEND SECTION 47-7-15, MISSISSIPPI CODE OF
19.) 1972, IN CONFORMITY; TO AMEND SECTION 47-7-17, MISSISSIPPI CODE OF
20.) 1972, TO PROVIDE THAT THE VICTIM OR DESIGNATED FAMILY MEMBER SHALL
21.) BE PROVIDED AN OPPORTUNITY TO BE HEARD BY THE PAROLE BOARD PRIOR
22.) TO A PAROLE DECISION; TO AMEND SECTION 47-7-18, MISSISSIPPI CODE
23.) OF 1972, TO REQUIRE CERTAIN PAROLE HEARINGS FOR SEX OFFENDERS; AND
24.) FOR RELATED PURPOSES.
25.) BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
26.)SECTION 1.This act shall be known and may be cited as the
27.) "Mississippi Earned Parole Eligibility Act."
28.) SECTION 2. Section 47-7-3, Mississippi Code of 1972, is
29.) amended as follows:
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30.) 47-7-3. (1) Every prisoner who has been convicted of any
31.) offense against the State of Mississippi, and is confined in the
32.) execution of a judgment of such conviction in the Mississippi
33.) Department of Corrections for a definite term or terms of one (1)
34.) year or over, or for the term of his or her natural life, whose
35.) record of conduct shows that such prisoner has observed the rules
36.) of the department, and who has served * * * the minimum required
37.) time for parole eligibility, may be released on parole as * * *
38.) set forth herein:
39.) (a) HABITUAL OFFENDERS. Except as provided by Sections
40.) 99-19-81 through 99-19-87, no * * * person sentenced as a
41.) confirmed and habitual criminal * * * shall be eligible for
42.) parole;
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73.) (***h) (I)*** Offenders eligible for parole
74.)consideration for offenses committed after June 30, 1995. Except
75.) as provided in paragraphs (a) through (g) of this subsection,
76.) offenders may be considered eligible for parole release as
77.) follows:
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153.) shall be determined within ninety (90) days after the department
154.) has assumed custody of the offender. Except as provided in
154.) Section 47-7-18, the parole hearing date shall occur when the
156.) offender is within thirty (30) days of the month of his parole
157.) eligibility date. * * * Any parole eligibility date shall not be
158.) earlier than as required in this section.
159.) ( * * *3) Notwithstanding any other provision of law, an
160.) inmate shall not be eligible to receive earned time, good time or
161.) any other administrative reduction of time which shall reduce the
162.) time necessary to be served for parole eligibility as provided in
163.) subsection (1) of this section.
164.)(4)Any inmate within * * * forty-eight (48) months of his
165.) parole eligibility date and who meets the criteria established by
166.) the classification board shall receive priority for placement in
167.) any educational development and job-training programs that are
168.) part of his or her parole case plan.Any inmate refusing to
169.)participate in an educational development or job-training
170.) program * * *, including , but not limited to, programs required as
171.) part of the case plan, shall be in jeopardy of noncompliance with
172.) the case plan and may be denied parole.
173.) (5) In addition to other requirements, if an offender is
174.) convicted of a drug or driving under the influence felony, the
175.) offender must complete a drug and alcohol rehabilitation program
176.) prior to parole, or the offender shall be required to complete a
177.) postrelease drug and alcohol program as a condition of parole.
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203.) department's custody and to reduce the likelihood of recidivism
204.) after release.
205.) (2) * * * The case plan * * * shall include, but not be
206.) limited to:
207.) (a) Programming and treatment requirements based on the
208.) results of a risk and needs assessment;
209.) (b) Any programming or treatment requirements contained
210.) in the sentencing order; and
211.) (c) General behavior requirements in accordance with
212.) the rules and policies of the department.
213.) (3) With respect to parole-eligible inmates
214.) admitted to the department's custody on or after July 1, 2021,
215.) the department shall complete the case plan within ninety (90) days of admission.
216.) With respect to parole-eligible inmates admitted to the
217.) department's custody before July 1, 2021, the department shall
218.) complete the case plan by January 1, 2022.
219.) ( * * *4) The department shall provide the inmate with a
220.) written copy of the case plan and the inmate's caseworker shall
221.) explain the conditions set forth in the case plan.
222.) (a) Within ninety (90) days of admission, the
223.) caseworker shall notify the inmate of their parole eligibility
224.) date as calculated in accordance with Section 47-7-3(3);
225.) (b) At the time a parole-eligible inmate receives the
226.) case plan, the department shall send the case plan to the Parole 227.) Board for approval.
132.) ( * * *iv) Parole consideration as authorized by
133.) the trial court. Notwithstanding the provisions of paragraph (a)
(a) Habitual offenders. Except as provided by Sections 99-19-81 through 99-19-87, no * * * person sentenced as a confirmed and habitual criminal * * * shall be eligible for parole;
134.) of this subsection, any offender who has not committed a crime of
135.) violence under Section 97-3-2 and has served twenty-five percent
136.) (25%) or more of his sentence may be paroled by the State Parole
137.) Board if, after the sentencing judge or if the sentencing judge is
138.) retired, disabled or incapacitated, the senior circuit judge
139.) authorizes the offender to be eligible for parole consideration;
140.) or if the senior circuit judge must be recused, another circuit
141.) judge of the same district or a senior status judge may hear and
142.) decide the matter * * *. A petition for parole eligibility
143.) consideration pursuant to this subparagraph (iv) shall be filed in
144.) the original criminal cause or causes, and the offender shall
145.) serve an executed copy of the petition on the District Attorney.
146.) The court may, in its discretion, require the District Attorney to
147.) respond to the petition.
148.) * * *
149.) ( * * *2) The State Parole Board shall, by rules and
150.) regulations, establish a method of determining a tentative parole
151.) hearing date for each eligible offender taken into the custody of
152.)the Department of Corrections. The tentative parole hearing date
