MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Corrections
By: Senator(s) Barnett, Jackson (11th), Sparks, Butler, Wiggins, Jackson (32nd), Simmons (13th)
AN ACT ENTITLED THE "MISSISSIPPI EARNED PAROLE ELIGIBILITY ACT"; TO AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO PRESCRIBE CONDITIONS FOR PAROLE ELIGIBILITY AND TO PROVIDE LIMITATIONS ON INMATE ELIGIBILITY TO PETITION THE SENTENCING COURT FOR PAROLE ELIGIBILITY IF THE INMATE IS SERVING A SENTENCE FOR A CRIME OF VIOLENCE OR NONVIOLENCE; TO AMEND SECTION 47-7-3.1, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR INMATE CASE PLANNING AND TO PRESCRIBE DATES FOR THE MISSISSIPPI DEPARTMENT OF CORRECTIONS TO COMPLETE CASE PLANS FOR PAROLE ELIGIBLE INMATES TO ENSURE THAT THE PLAN IS ACHIEVABLE; TO AMEND SECTION 47-7-3.2, MISSISSIPPI CODE OF 1972, TO PROVIDE A MINIMUM TIME THAT OFFENDERS CONVICTED OF A CRIME OF VIOLENCE MUST SERVE BEFORE RELEASE AND A MINIMUM PERCENTAGE OF OTHER SENTENCES THAT OTHER OFFENDERS MUST SERVE BEFORE RELEASE; TO BRING FORWARD SECTION 47-7-5, MISSISSIPPI CODE OF 1972, RELATED TO THE MEMBERSHIP OF THE MISSISSIPPI PAROLE BOARD, ITS REQUIREMENTS, AND THE MINIMUM VOTE REQUIRED TO GRANT PAROLE TO AN INMATE CONVICTED OF CAPITAL MURDER OR SEX OFFENSE; TO AMEND SECTION 47-7-13, MISSISSIPPI CODE OF 1972, TO REQUIRE AN AFFIRMATIVE VOTE OF AT LEAST FOUR MEMBERS OF THE MISSISSIPPI PAROLE BOARD TO GRANT PAROLE TO A SEX OFFENDER; TO AMEND SECTION 47-7-15, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO AMEND SECTION 47-7-17, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE VICTIM OR DESIGNATED FAMILY MEMBER SHALL BE PROVIDED AN OPPORTUNITY TO BE HEARD BY THE PAROLE BOARD PRIOR TO A PAROLE DECISION; TO AMEND SECTION 47-7-18, MISSISSIPPI CODE OF 1972, TO REQUIRE CERTAIN PAROLE HEARINGS FOR SEX OFFENDERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Mississippi Earned Parole Eligibility Act."
SECTION 2. Section 47-7-3, Mississippi Code of 1972, is amended as follows:
47-7-3. (1) Every prisoner
who has been convicted of any offense against the State of Mississippi, and is
confined in the execution of a judgment of such conviction in the Mississippi
Department of Corrections for a definite term or terms of one (1) year or over,
or for the term of his or her natural life, whose record of conduct shows that
such prisoner has observed the rules of the department, and who has served * * * the minimum required time for parole
eligibility, may be released on parole as * * * set forth
herein:
(a) Habitual
offenders. No * * * person sentenced as a confirmed and
habitual criminal under the provisions of Sections 99-19-81 through 99-19-87
shall be eligible for parole;
(b) Sex
offenders. Any person who * * * has been * * * sentenced for a
sex offense as defined in Section 45-33-23(h) shall not be released on
parole except for a person under the age of nineteen (19) who has been
convicted under Section 97-3-67;
* * *
( * * *c) Murder. No person
shall be eligible for parole who * * * is sentenced for
capital murder, murder in the first degree, or murder in the second degree, as
defined in Section 97-3-19;
( * * *d) Other crimes ineligible for
parole. No person shall be eligible for parole who is * * * convicted and sentenced * * *
for any of the following crimes:
(i) Any sex offense as defined in Section 45-33-23(h);
(ii) Trafficking and aggravated trafficking as defined in Section 41-29-139(f) through (g);
(iii) Human trafficking as defined in Section 97-3-54.1;
(iv) Any offense that specifically prohibits parole release;
(v) Any offense to which an offender is sentenced to life imprisonment under the provisions of Section 99-19-101; or
(vi) Any offense to which, on or after July 1, 1994, an offender is sentenced to life imprisonment without eligibility for parole under the provisions of Section 99-19-101.
( * * *e) * * * (i) Offenders eligible
for parole consideration. Except as provided in paragraphs (a) through (d)
of this subsection, offenders may be considered eligible for parole release as
follows:
* * * 1.
Nonviolent crimes. All persons sentenced for a nonviolent offense after
June 30, 1995, shall be eligible for parole only after they have served twenty-five
percent (25%) of the sentence. For purposes of this paragraph,
"nonviolent crime" means a felony not designated as a crime of
violence in Section 97-3-2;
2. Violent crimes after June 30, 1995, and before July 1, 2014. A person who is sentenced after June 30, 1995, and before July 1, 2014, of a violent crime, as defined by Section 97-3-2, except robbery with a deadly weapon as provided in Section 97-3-79, shall be eligible for parole only after having served fifty percent (50%) or twenty (20) years, whichever is less, of the sentence or sentences imposed by the trial court. Those persons sentenced for robbery with a deadly weapon as defined by Section 97-3-79 shall be eligible for parole only after having served seventy-five percent (75%) or thirty (30) years, whichever is less, of the sentence or sentences imposed by the trial court;
3. Violent crimes on or after July 1, 2014. A person who is sentenced on or after July 1, 2014, of a violent crime, as defined by Section 97-3-2, except robbery with a deadly weapon as provided in Section 97-3-79, shall be eligible for parole only after having served fifty percent (50%) or thirty (30) years, whichever is less, of the sentence or sentences imposed by the trial court. Those persons sentenced for robbery with a deadly weapon as defined by Section 97-3-79 shall be eligible for parole only after having served seventy-five percent (75%) or thirty (30) years, whichever is less, of the sentence or sentences imposed by the trial court;
4. Persons age twenty-five (25) and younger. Notwithstanding any other provisions of law, persons twenty-five (25) years of age and younger at the time the crime was committed and who are not otherwise eligible for parole at an earlier date are eligible for parole consideration after having served twenty-five (25) years of the sentence or sentences imposed by the trial court for a sentence of twenty-five (25) years or greater. This paragraph shall not apply to any person sentenced for more than one offense, pursuant to Section 97-3-21 or 99-19-101, if each offense arose out of or is related to the same facts or occurrence. Persons shall not be eligible for parole consideration under this subsection if the person is sentenced for a sex offense as defined in Section 45-33-23(h), except for a person under the age of nineteen (19) years of age who has been convicted under Section 97-3-67.
(ii) Parole hearing required. All persons eligible for parole under subparagraph (i) of this paragraph (e) shall be required to have a parole hearing before the Parole Board under Section 47-7-17 before parole release.
( * * *iii) * * * Geriatric parole. Except as
provided in paragraphs (a) through (e) of this subsection, offenders are
considered eligible for geriatric parole as follows:
1. Nonviolent and nonhabitual offenders. A person serving a sentence who has reached the age of sixty (60) or older and who has served no less than ten (10) years and at least twenty-five percent (25%) of the sentence or sentences imposed by the trial court shall be eligible for parole.
2. Nonviolent habitual offenders under Section 99-19-81. A person serving a sentence who has reached the age of sixty-five (65) or older and who has served no less than fifteen (15) years and at least twenty-five percent (25%) of the sentence or sentences imposed by the trial court shall be eligible for parole.
3. Violent nonhabitual offenders. A person serving a sentence who has reached the age of seventy (70) or older and who has served no less than fifteen (15) years and at least twenty-five percent (25%) of the sentence or sentences imposed by the trial court shall be eligible for parole.
4. Any
person eligible for parole under this * * * paragraph (e) shall be
required to have a parole hearing before the board prior to parole release. No
inmate shall be eligible for parole under this subparagraph ( * * *iii) of this paragraph ( * * *e) if:
* * *a. Habitual offenses.
The * * *
person is sentenced as a habitual offender under Sections 99-19- * * *83 through 99-19-87;
* * *b. * * * Sex offenses. The
person is sentenced for a sex offense as defined in Section 45-33-23(h);
c. Murder. The person is sentenced for capital murder, murder in the first degree, or murder in the second degree, as defined in Section 97-3-19;
d. Other crimes ineligible for geriatric parole. A person who is sentenced for any of the following crimes:
A. Any sex offense as defined in Section 45-33-23(h);
B. Trafficking and aggravated trafficking as defined in Section 41-29-139(f) through (g);
C. Human trafficking as defined in Section 97-3-54.1;
D. Any offense that specifically prohibits parole release;
E. Any offense to which an offender is sentenced to life imprisonment under the provisions of Section 99-19-101; or
F. Any offense to which an offender, on or after July 1, 1994, is sentenced to life imprisonment without eligibility for parole under the provisions of Section 99-19-101.
* * *
( * * *iv) Parole as authorized by
the trial court. Notwithstanding the provisions of paragraph (a) of this
subsection, any offender who has not committed a crime of violence under
Section 97-3-2 and has served twenty-five percent (25%) or more of his sentence
may be paroled by the State Parole Board if, after the sentencing judge
or if the sentencing judge is retired, disabled or incapacitated, the senior
circuit judge authorizes the offender to be eligible for parole consideration;
or if the senior circuit judge must be recused, another circuit judge of the
same district or a senior status judge may hear and decide the matter * * *.
* * *
( * * *2) The State Parole Board shall, by
rules and regulations, establish a method of determining a tentative parole
hearing date for each eligible offender taken into the custody of the
Department of Corrections. The tentative parole hearing date shall be
determined within ninety (90) days after the department has assumed custody of
the offender. Except as provided in Section 47-7-18, the parole hearing
date shall occur when the offender is within thirty (30) days of the month of
his parole eligibility date. * * * The parole eligibility date for violent crimes,
nonviolent crimes and geriatric parole shall not be earlier than the required
sentence as defined in subsection (1)(e)(i)1. through 4. and (1)(e)(iv) of this
section.
( * * *3) Notwithstanding any other provision
of law, an inmate shall not be eligible to receive earned time, good time or
any other administrative reduction of time which shall reduce the time
necessary to be served for parole eligibility as provided in subsection (1) of
this section.
(4) Any inmate within * * * forty-eight (48)
months of his parole eligibility date and who meets the criteria established by
the classification board shall receive priority for placement in any
educational development and job-training programs that are part of his
or her parole case plan. Any inmate refusing to participate in an educational
development or job-training program * * *,
including, but not limited to, programs required as part of the case plan,
shall be in jeopardy of noncompliance with the case plan and may be denied
parole.
(5) In addition to other requirements, if an offender is convicted of a drug or driving under the influence felony, the offender must complete a drug and alcohol rehabilitation program prior to parole, or the offender shall be required to complete a post-release drug and alcohol program as a condition of parole.
(6) The amendments contained in this section shall apply retroactively from and after July 1, 1995.
(7) Notwithstanding provisions to the contrary in this section, a person who was sentenced under this section before the effective date of this act may be considered for parole if the person's sentence would have been parole eligible before the date on which this act becomes effective.
SECTION 3. Section 47-7-3.1, Mississippi Code of 1972, is amended as follows:
47-7-3.1. (1) In consultation with the Parole Board, the department shall develop a case plan for all parole eligible inmates to guide an inmate's rehabilitation while in the department's custody and to reduce the likelihood of recidivism after release.
(2) * * * The case plan * * * shall include, but not be
limited to:
(a) Programming and treatment requirements based on the results of a risk and needs assessment;
(b) Any programming or treatment requirements contained in the sentencing order; and
(c) General behavior requirements in accordance with the rules and policies of the department.
(3) With respect to parole eligible inmates admitted to the department's custody on or after July 1, 2021, the department shall complete the case plan within ninety (90) days of admission. With respect to parole eligible inmates admitted to the department's custody before July 1, 2021, the department shall complete the case plan by January 1, 2022.
( * * *4) The department shall provide the
inmate with a written copy of the case plan and the inmate's caseworker shall
explain the conditions set forth in the case plan.
(a) Within ninety (90) days of admission, the caseworker shall notify the inmate of their parole eligibility date as calculated in accordance with Section 47-7-3(3);
(b) At the time a parole-eligible inmate receives the case plan, the department shall send the case plan to the Parole Board for approval.
( * * *5) With respect to parole eligible
inmates admitted to the department's custody after July 1, 2021, the
department shall ensure that the case plan is achievable prior to the inmate's
parole eligibility date. 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.
( * * *6) The caseworker shall meet with the
inmate every eight (8) weeks from the date the offender received the case plan
to review the inmate's case plan progress.
( * * *7) Every four (4) months the
department shall electronically submit a progress report on each parole-eligible
inmate's case plan to the Parole Board. The board may meet to review an
inmate's case plan and may provide written input to the caseworker on the
inmate's progress toward completion of the case plan.
( * * *8) The Parole Board shall provide
semiannually to the Oversight Task Force the number of parole hearings held,
the number of prisoners released to parole without a hearing and the number of
parolees released after a hearing.
(9) If the Department of Corrections fails to adequately provide opportunity and access for the completion of such case plans, the Department of Corrections shall contract with regional jail facilities that offer educational development and job-training programs to facilitate the fulfillment of the case plans of parole eligible inmates.
SECTION 4. Section 47-7-3.2, Mississippi Code of 1972, is amended as follows:
47-7-3.2.
(1) Notwithstanding * * * Section 47-5-138, 47-5-139, 47-5-138.1 or 47-5-142,
no person convicted of a criminal offense * * * after * * * June 30, 1995, shall be
released by the department until he or she has served no less than * * * the percentage of the
sentence or sentences imposed by the court as set forth below:
(a) Twenty-five percent (25%) of a sentence for a nonviolent crime;
(b) Fifty percent (50%) or twenty (20) years, whichever is less, of a sentence for a crime of violence pursuant to Section 97-3-2, if sentenced after June 30, 1995, and before July 1, 2014, except for robbery with a deadly weapon;
(c) Fifty percent (50%) or thirty (30) years, whichever is less, of a sentence for a crime of violence pursuant to Section 97-3-2, if sentenced on or after July 1, 2014, except for robbery with a deadly weapon;
(d) Seventy-five percent (75%) of a sentence for robbery with a deadly weapon as defined by Section 97-3-79.
(2) This section shall not apply to:
(a) Offenders sentenced to life imprisonment;
(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).
SECTION 5. Section 47-7-5, Mississippi Code of 1972, is brought forward as follows:
47-7-5. (1) The State Parole Board, created under former Section 47-7-5, is hereby created, continued and reconstituted and shall be composed of five (5) members. The Governor shall appoint the members with the advice and consent of the Senate. All terms shall be at the will and pleasure of the Governor. Any vacancy shall be filled by the Governor, with the advice and consent of the Senate. The Governor shall appoint a chairman of the board.
(2) Any person who is appointed to serve on the board shall possess at least a bachelor's degree or a high school diploma and four (4) years' work experience. Each member shall devote his full time to the duties of his office and shall not engage in any other business or profession or hold any other public office. A member shall not receive compensation or per diem in addition to his salary as prohibited under Section 25-3-38. Each member shall keep such hours and workdays as required of full-time state employees under Section 25-1-98. Individuals shall be appointed to serve on the board without reference to their political affiliations. Each board member, including the chairman, may be reimbursed for actual and necessary expenses as authorized by Section 25-3-41. Each member of the board shall complete annual training developed based on guidance from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association. Each first-time appointee of the board shall, within sixty (60) days of appointment, or as soon as practical, complete training for first-time Parole Board members developed in consideration of information from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association.
(3) The board shall have exclusive responsibility for the granting of parole as provided by Sections 47-7-3 and 47-7-17 and shall have exclusive authority for revocation of the same. The board shall have exclusive responsibility for investigating clemency recommendations upon request of the Governor.
(4) The board, its members and staff, shall be immune from civil liability for any official acts taken in good faith and in exercise of the board's legitimate governmental authority.
(5) The budget of the board shall be funded through a separate line item within the general appropriation bill for the support and maintenance of the department. Employees of the department which are employed by or assigned to the board shall work under the guidance and supervision of the board. There shall be an executive secretary to the board who shall be responsible for all administrative and general accounting duties related to the board. The executive secretary shall keep and preserve all records and papers pertaining to the board.
(6) The board shall have no authority or responsibility for supervision of offenders granted a release for any reason, including, but not limited to, probation, parole or executive clemency or other offenders requiring the same through interstate compact agreements. The supervision shall be provided exclusively by the staff of the Division of Community Corrections of the department.
(7) (a) The Parole Board is authorized to select and place offenders in an electronic monitoring program under the conditions and criteria imposed by the Parole Board. The conditions, restrictions and requirements of Section 47-7-17 and Sections 47-5-1001 through 47-5-1015 shall apply to the Parole Board and any offender placed in an electronic monitoring program by the Parole Board.
(b) Any offender placed in an electronic monitoring program under this subsection shall pay the program fee provided in Section 47-5-1013. The program fees shall be deposited in the special fund created in Section 47-5-1007.
(c) The department shall have absolute immunity from liability for any injury resulting from a determination by the Parole Board that an offender be placed in an electronic monitoring program.
(8) (a) The Parole Board shall maintain a central registry of paroled inmates. The Parole Board shall place the following information on the registry: name, address, photograph, crime for which paroled, the date of the end of parole or flat-time date and other information deemed necessary. The Parole Board shall immediately remove information on a parolee at the end of his parole or flat-time date.
(b) When a person is placed on parole, the Parole Board shall inform the parolee of the duty to report to the parole officer any change in address ten (10) days before changing address.
(c) The Parole Board shall utilize an internet website or other electronic means to release or publish the information.
(d) Records maintained on the registry shall be open to law enforcement agencies and the public and shall be available no later than July 1, 2003.
(9) An affirmative vote of at least four (4) members of the Parole Board shall be required to grant parole to an inmate convicted of capital murder or a sex crime.
(10) This section shall stand repealed on July 1, 2022.
SECTION 6. Section 47-7-13, Mississippi Code of 1972, is amended as follows:
47-7-13. A majority of the
board shall constitute a quorum for the transaction of all business. * * * The board shall maintain, in minute book form, a copy of
each of its official actions with the reasons therefor. Suitable and sufficient
office space and support resources and staff necessary to conducting Parole
Board business shall be provided by the Department of Corrections. However,
the principal place for conducting parole hearings shall be the State
Penitentiary at Parchman.
SECTION 7. Section 47-7-15, Mississippi Code of 1972, is amended as follows:
47-7-15. The board shall adopt an official seal of which the courts shall take judicial notice. Decisions of the board shall be made by majority vote, except as provided in Section 47-7-5(9).
The board shall keep a record of its acts and shall notify each institution of its decisions relating to the persons who are or have been confined therein. At the close of each fiscal year the board shall submit to the Governor and to the Legislature a report with statistical and other data of its work.
SECTION 8. Section 47-7-17, Mississippi Code of 1972, is amended as follows:
47-7-17. (1) Within one (1) year after his admission and at such intervals thereafter as it may determine, the board shall secure and consider all pertinent information regarding each offender, except any under sentence of death or otherwise ineligible for parole, including the circumstances of his offense, his previous social history, his previous criminal record, including any records of law enforcement agencies or of a youth court regarding that offender's juvenile criminal history, his conduct, employment and attitude while in the custody of the department, the case plan created to prepare the offender for parole, and the reports of such physical and mental examinations as have been made. The board shall furnish at least three (3) months' written notice to each such offender of the date on which he is eligible for parole.
* * * (2) Except as provided in Section 47-7-18, the
board * * * shall
require a parole-eligible offender to have a hearing as required in this
chapter before the board and to be interviewed. The hearing shall be held no
later than thirty (30) days prior to the month of eligibility. No application
for parole of a person convicted of a capital offense shall be considered by
the board unless and until notice of the filing of such application shall have
been published at least once a week for two (2) weeks in a newspaper published
in or having general circulation in the county in which the crime was
committed. The board shall, within thirty (30) days prior to the scheduled
hearing, also give notice of the filing of the application for parole to the
victim of the offense for which the prisoner is incarcerated and being
considered for parole or, in case the offense be homicide, a designee of the
immediate family of the victim, provided the victim or designated family member
has furnished in writing a current address to the board for such purpose. The
victim or designated family member shall be provided an opportunity to be heard
by the board before the board makes a decision regarding release on parole.
The board shall consider whether any restitution ordered has been paid in full.
Parole release shall, at the hearing, be ordered only for the best interest of
society, not as an award of clemency; it shall not be considered to be a
reduction of sentence or pardon. An offender shall be placed on parole only when
arrangements have been made for his proper employment or for his maintenance
and care, and when the board believes that he is able and willing to fulfill
the obligations of a law-abiding citizen. When the board determines that the
offender will need transitional housing upon release in order to improve the
likelihood of * * * the offender becoming a law-abiding citizen, the board
may parole the offender with the condition that the inmate spends no more than
six (6) months in a transitional reentry center. At least fifteen (15) days
prior to the release of an offender on parole, the director of records of the
department shall give the written notice which is required pursuant to Section
47-5-177. Every offender while on parole shall remain in the legal custody of
the department from which he was released and shall be amenable to the orders
of the board. Upon determination by the board that an offender is eligible for
release by parole, notice shall also be given within at least fifteen (15) days
before release, by the board to the victim of the offense or the victim's
family member, as indicated above, regarding the date when the offender's
release shall occur, provided a current address of the victim or the victim's
family member has been furnished in writing to the board for such purpose.
(3) Failure to provide notice to the victim or the victim's family member of the filing of the application for parole or of any decision made by the board regarding parole shall not
constitute grounds for vacating an otherwise lawful parole determination nor shall it create any right or liability, civilly or criminally, against the board or any member thereof.
(4) A letter of protest against granting an offender parole shall not be treated as the conclusive and only reason for not granting parole.
(5) The board may adopt such other rules not inconsistent with law as it may deem proper or necessary with respect to the eligibility of offenders for parole, the conduct of parole hearings, or conditions to be imposed upon parolees, including a condition that the parolee submit, as provided in Section 47-5-601 to any type of breath, saliva or urine chemical analysis test, the purpose of which is to detect the possible presence of alcohol or a substance prohibited or controlled by any law of the State of Mississippi or the United States. The board shall have the authority to adopt rules related to the placement of certain offenders on unsupervised parole and for the operation of transitional reentry centers. However, in no case shall an offender be placed on unsupervised parole before he has served a minimum of fifty percent (50%) of the period of supervised parole.
SECTION 9. Section 47-7-18, Mississippi Code of 1972, is amended as follows:
47-7-18 (1) * * * No inmate convicted of a sex offense
as defined by Section 45-33-23(h), a crime of violence as defined by Section 97-3-2,
or both, shall be released on parole without a hearing before the Parole Board
as required by Section 47-7-17. All other inmates eligible for
parole pursuant to Section 47-7-3 * * * shall be released from incarceration to
parole supervision on the inmate's parole eligibility date, without a hearing
before the board, if:
(a) The inmate has met the requirements of the parole case plan established pursuant to Section 47-7-3.1;
(b) A victim of the offense has not requested the board conduct a hearing;
(c) The inmate has not received a serious or major violation report within the past six (6) months;
(d) The inmate has agreed to the conditions of supervision; and
(e) The inmate has a discharge plan approved by the board.
(2) At least thirty (30) days prior to an inmate's parole eligibility date, the department shall notify the board in writing of the inmate's compliance or noncompliance with the case plan. If an inmate fails to meet a requirement of the case plan, prior to the parole eligibility date, he or she shall have a hearing before the board to determine if completion of the case plan can occur while in the community.
(3) Any inmate for whom there is insufficient information for the department to determine compliance with the case plan shall have a hearing with the board.
(4) A hearing shall be held with the board if requested by the victim following notification of the inmate's parole release date pursuant to Section 47-7-17.
(5) A hearing shall be held by the board if a law enforcement official from the community to which the inmate will return contacts the board or the department and requests a hearing to consider information relevant to public safety risks posed by the inmate if paroled at the initial parole eligibility date. The law enforcement official shall submit an explanation documenting these concerns for the board to consider.
(6) If a parole hearing is held, the board may determine the inmate has sufficiently complied with the case plan or that the incomplete case plan is not the fault of the inmate and that granting parole is not incompatible with public safety, the board may then parole the inmate with appropriate conditions. If the board determines that the inmate has sufficiently complied with the case plan but the discharge plan indicates that the inmate does not have appropriate housing immediately upon release, the board may parole the inmate to a transitional reentry center with the condition that the inmate spends no more than six (6) months in the center. If the board determines that the inmate has not substantively complied with the requirement(s) of the case plan it may deny parole. If the board denies parole, the board may schedule a subsequent parole hearing and, if a new date is scheduled, the board shall identify the corrective action the inmate will need to take in order to be granted parole. Any inmate not released at the time of the inmate's initial parole date shall have a parole hearing at least every year, except inmates sentenced for a crime of violence, as defined by Section 97-3-2, who shall have a hearing not more than every two (2) years.
SECTION 10. This act shall take effect and be in force from and after July 1, 2021, and shall stand repealed on June 30, 2021.