Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. According to data analyzed by The Appeal, as of August 4, 2021, there were nearly 600 people in Mississippi who were serving 20 years or more with no parole date and were considered habitual offenders. Written. His tentative release date is 2129 at age 148. I want another chance at life, you know? Mississippi Code 99-19-83, as it now stands, mandates that if one of the earlier convictions was for a violent crime, even if the third felony is not, the court must sentence the defendant to life imprisonment without the option of parole. This year, our state legislature could strengthen pending bills and pass reforms to limit harsh habitual sentences, and to expand who is eligible for parole, to ensure that more people have the opportunity to go home one day. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. But police officers were nearby waiting to pounce. S.B. Following his April 23, 2009, indictment for the sale of controlled substances, then-Madison/Rankin County District Attorney Michael Guest, who now represents Mississippis third district at the national assembly, amended the indictment. House burglary and manslaughter are cases that the parole board, until July 1, have not seen," added Pickett. Now is the time to redeem ourselves, and now is the time for our leaders to act. The misdemeanor offense attracts up to $500 in fines and six months in prison or both. Drummer'ssentence started when her little boy was only 4years old; hes now 16. 2020). List of Mississippi's habitual offenders serving life for nonviolent crime Jimmie E. Gates Mississippi Clarion Ledger 0:00 0:38 The youngest is 35 and the oldest is 71, but both are serving. By the time of his scheduled release, he is expected to be 96 years old! Under Mississippi's habitual-offenders law, Jermaine Mitchell will stay in prison until 2129 for selling $40 crack cocaine in 2009. Like a number of other states, Mississippi has two habitual offender laws, referred to as the big and little laws. In a way that we think is common sense, that it is smart on crime and soft on taxpayers. , making early release possible for thousands of non-habitual offenders. 2060 Main St. Matt Steffey, professor of law at the Mississippi College School of Law, said while getting a case before the U.S. Supreme Court is a long shot, especially since this case in particular regards an issue of state law, the legal argument is strong, much stronger than most.. And I would like to see the habitual law go away. Hewitt was a drug addict cooperating with the deputies in exchange for a reduced sentence, the Mississippi Court of Appeals would write later in 2011. With your gift, we can do even more important stories like this one. Parole-eligible inmates serving time for non-violent crimes currently must complete at least 25% of their sentence before they can get a parole hearing. It also allows people convicted of armed robbery to become eligible for a parole hearing after serving 60% of their sentences. These laws are the same as habitual offender laws but, for some states, focus more on violent crimes rather than non-violent crimes. That means there will be a forum in which evidence supporting and contesting release will be considered. Mississippi has some of the toughest cannabis laws in the United States, and as a result, the state has a large number of people incarcerated for marijuana-related offenses. It also argues that the ruling of Welch v. United States on April 18, 2016, held that this standard would be applied retroactively as well. For Many Prisoners, Mississippi's Habitual Offender Laws Are Like 'Death Sentences' One man, Paul Houser, is serving 60 years on a drug conviction for purchasing cold medicine and batteries. When Williams came back, joined Hollins in the vehicle and sat on the passengers side, the law-enforcement officers immediately arrested both men. Its heartbreaking, I just wish he had some kind of hope, some kind of something that he could look forward to, but all you see is the nightmare that hes surrounded by, Paul Houser said. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Despite some middling criminal justice reforms in recent years, the Mississippi Department of Corrections reported that 17,229 inmates live in all the states jails and prisons as of April 2021. As of 2020, there were around 80 people serving life sentences in Mississippi under the big habitual offender law for a nonviolent third felony, according to The Clarion Ledger. She told him on the phone that she wanted to buy $200 worth of cocaine. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. Shortly after the call, a man named Gene Williams knocked on Wilsons room. Its members, who are appointed by the governor and confirmed by the Senate, will decide whether or not to grant parole by assessing factors such as inmate behavior. You can read more about Kendalls case here. Brown is challenging the states 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 after the justices conference on Friday. It also eases the burden on taxpayers, too. Meaning if the max sentence a person can face is life in prison, under these codes they will receive life in prison even if they have already served time for prior convictions. It would make so much more sense to spend our resources helping people get back on their feet, helping them access treatment and job training, rather than leaving them to languish behind bars. The federal bill received cross-partisan support at the time from, including from then-House Rep. Bernie Sanders, a Vermont independent. This is what the habitual sentencing law does. Rep. They have declined to hear the case, he said, while the U.S. District Court decided the case was without merit. But how can MS accomplish this? Send tips to. A trained photojournalist, Ashton lives in South Mississippi with his husband, William, and their two pit bulls, Dorothy and Dru. Police confiscated five bags from Russell when he was arrested in 2017, and confirmed that two of the bags contained 1.5 ounces of marijuana. You already receive all suggested Justia Opinion Summary Newsletters. 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 unless such prisoner has served ten (10) years of a sentence of forty (40) years or more; (b) Sex offenders. 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. I just pray that something changes.. We stand ready to continue working with legislators and state leadership on more common sense solutions, like changing the states harsh habitual sentencing laws, further safely reducing Mississippis prison population, and strengthening families and communities across our state., In a tweet thread explaining his decision to sign the Mississippi Earned Parole Eligibility Act into law today, Gov. 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 . The estimate refers to a 30-year period, not a single year. I was raised to believe each of us is a loved child of God and to know I will never be perfect, but that I'm also more than the sum of my mistakes. 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. Nothing on this site should be taken as legal advice for any individual 2795 came too late to save the dozens of people who were not eligible for parole and died in prison since legislators started working on these reforms. The new law provides that violent offenders are eligible for parole after serving 50% of their sentence or twenty years, whichever is shorter. The result: Based on the habitual offender law in Mississippi, the Rankin County district court sentenced Hollins to 60 years in prison without the possibility of parole after trial in 2010 at age 35, the Mississippi Appeals Court explained in its 2012 opinion on the case. Furthermore, these codes remove a persons ability to even be considered for parole or probation. The fact that SB2795 does not allow habitual offenders an opportunity for earned parole is a huge blow to the MS corrections system. 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 . We at Fwd.us are absolutely thrilled that legislators are recognizing this as an issue and are working to address it.. 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. Today, Latino said, his organization is celebrating the parole eligibility changes, which he emphasized is a major step that should offer Mississippians hope. The Madison County Circuit Court sentenced Boyd as a subsequent drug offender to 120 years in the custody of the Mississippi Department of Corrections (MDOC), with sixty years to serve and five years of supervised post-release supervision, the court added. Brown, of Pontotoc County, who just turned 58, was sentenced to life without parole under the big law in 2008 for a rock of cocaine weighing less than two grams because of previous charges, including accessory to an armed robbery in the late 1980s. Those previously sentenced based on "habitual offenders" guidelines can be eligible for parole, retroactively benefiting from the law's change. We have over 2,600 people serving sentences under the habitual law. Before, being sentenced as a "little" habitual offender meant the maximum sentence . Housers stepmother Pasty, his mom Julie and son Paul shared thoughts on the impact of the jail sentence on them in an FWD.us report in 2019. Allowing the opportunity for parole will prevent people from serving absurdly long sentences for non-violent crimes. So, they cant be paroled.. So offering some type of loopback for how far back the prosecutor can go before they charge you as a habitual offender (will help).. MS Unfortunately, the passage of this bill does not guarantee all inmates the opportunity for parole. Push coming across political spectrum. After confirming that Hollins sent him, Wilson paid $200 for 1.5 grams of cocaine. The Mississippi Court of Appeals ruled against Brown in 2009, and Brown filed further, unsuccessful appeals to the state Supreme Court. The absurdity of gov banning cigarettes but legalizing pot, The good, bad and the ugly in Albany budget sausage-making, Albany lawmakers hash out ways to deal with NYCs illegal weed shops as part of $227B state budget. 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. Mississippi implemented the restrictive parole eligibility requirements and its habitual offender law in the 1990s as a tough-on-crime wave swept the nation, including the federal government. And were looking for those that wont be a threat to the public and those that have a good re-entry plan.. Their incarceration rates are through the roof and they must take the steps to lower them. For example, Washington state was one of the first states to implement three-strikes legislation, which does not encompass non-violent drug-related offenses. Review these facts about the habitual offender law if you or a loved one faces criminal prosecution in Mississippi. And there is no time cut off for how far back you can go, she added. They later arrested Mitchell, and he faced trial in June 2010. Overcrowding in prison systems is synonymous with human rights violations. REGULATE HABITUAL OFFENDERS; TO REMOVE RESTRICTIONS FOR REDUCTION OF PAROLE; TO AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING CHANGES; AND FOR RELATED PURPOSES. Below are just a few of the people who are currently serving time in Mississippi prisons for cannabis-related crimes. Reeves suggested he may not support future efforts if they include relaxing habitual offender laws. Mississippi Code 4129147 mandates a doubling of the sentence for a second or subsequent drug offense. Rep. Clark told the Mississippi Free Press in a Jan. 31 phone interview that his conversations with prosecutors and judges inspired his putting forth HB 87. He hopes to one day be released from prison and use his experiences to help educate young people caught in the judicial system. Through our philanthropic efforts, The Botanical Empress is helping shine a spotlight on individuals unjustly incarcerated for non-violent cannabis-related offenses. The police placed Wilson in a room at Airport Inn (716 Highway 80 E. Flowood) and gave her $200 on Dec. 28, 2008. I missed out on my childrens lives. A more expansive version of parole eligibility reform that the Legislature could have chosen instead, Senate Bill 2123, would have saved the state as much as $1.37 billion, the group said. After the mid-decade changes, though, the states inmate population skyrocketedeven as the states overall population stagnated. After this victory, he said, Empower Mississippi will soon begin engaging in renewed talks with lawmakers about additional reforms. Rapists and murderers do not get the type of sentence I have, Brown said. To get a lesser punishment, Wilson agreed to be a confidential informant for the Flowood police and bait a cocaine seller. You can read more about Chriss story here. 2013 Mississippi Code Title 99 - CRIMINAL PROCEDURE Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION SENTENCING OF HABITUAL CRIMINALS 99-19-81 - Sentencing of habitual criminals to maximum term of imprisonment Universal Citation: MS Code 99-19-81 (2013) Housers second and third drug-related offense happened within a few weekson May 5, 2006, and June 26, 2006when he was 45. But because of the three violations, a Lowndes County Circuit Court judge legally enhanced his sentence on Dec. 7, 2007, and sent him to prison for 60 years without eligibility for parole. Why Are So Many Cannabis Offenders Still In Jail? However, because he received his third conviction for possession of marijuana, the state was able to sentence him to serve a 30-year mandatory sentence under the habitual offender statute. We are also devastated that, for the second year in a row, legislators failed to pass reforms to the states harmful habitual sentencing laws, the organization said in an April 1 statement. He's one of 2,600 people incarcerated as a result of the state's three strikes laws. Sadly, the bills refusal to include habitual offenders in earned parole is a huge setback. Gov. Get free summaries of new opinions delivered to your inbox! Anatomy of Journalistic Impact: FedEx Driver DMonterrio Gibsons Story, Activist Mulls FedEx Boycott for Treatment of Black Worker Chased and Fired On in Brookhaven. SB2795 excludes habitual offenders from earned parole. Mississippi Code 99-19-81 and Mississippi Code 99-19-83 are the two main ones that lawmakers are trying to adjust. Several judges on the court dissented from the majority opinion. Someone who served their time for a violent felony years ago is still subject to life without parole for a nonviolent on a third felony. We give prosecutors the sole. House burglary and manslaughter are cases that the parole board, until July 1, have not seen, added Pickett. Its death by mother nature., Will Mississippi change strict parole laws? MISSISSIPPI LEGISLATURE REGULAR SESSION 2021 By: Senator(s) Barnett, Jackson (11th), Sparks, Butler, Wiggins, Jackson (32nd), Simmons (13th) SENATE BILL NO.
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