MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Judiciary B
By: Representative Harness
AN ACT TO CREATE THE YOUTHFUL OFFENDER LAW; TO AUTHORIZE ANY CIRCUIT COURT TO SENTENCE AN OFFENDER AS A YOUTHFUL OFFENDER, UNDER CERTAIN CIRCUMSTANCES, IF THE OFFENDER COMMITTED AN OFFENSE BEFORE THE AGE OF TWENTY-ONE AND IS AT LEAST EIGHTEEN YEARS OF AGE OR IF THE OFFENDER IS A JUVENILE DELINQUENT WHO HAS BEEN REMOVED FROM THE JURISDICTION OF THE YOUTH COURT; TO PROVIDE CERTAIN SENTENCING OPTIONS THAT THE COURT MAY IMPOSE ON THE YOUTHFUL OFFENDER; TO AMEND SECTIONS 47-7-3 AND 47-5-138, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This section shall be referred to as the "Youthful Offender Law."
(2) A circuit court may sentence as a youthful offender any person:
(a) Who is at least eighteen (18) years of age or who has been transferred for prosecution to the criminal court pursuant to Section 43-21-57;
(b) Who is found guilty of or who has tendered, and the court has accepted, a plea of nolo contendere or guilty to a crime that is, under the laws of this state, a felony if such crime was committed before the defendant turned twenty-one (21) years of age; and
(c) Who has not previously been classified as a youthful offender under this section; however, a person who has been found guilty of a capital offense or life imprisonment may not be sentenced as a youthful offender under this section.
(3) Notwithstanding any other provision of law to the contrary and notwithstanding any imposition of consecutive sentences, the court shall dispose of the criminal case as follows:
(a) The court may place a youthful offender under supervision on probation or parole, with or without an adjudication of guilt, under such conditions as the court may lawfully impose for a period of not more than six (6) years. Such period of supervision may not exceed the maximum sentence for the offense for which the youthful offender was found guilty.
(b) The court may impose a period of incarceration as a condition of probation or parole, which period of incarceration shall be served in a county facility, a restitution center, or a community residential facility that is owned and operated by any public or private entity providing such services. A youthful offender may not be required to serve a period of incarceration in a facility that is supervised by the Community Corrections Division of the Department of Corrections. Admission to such a department facility or center shall be contingent upon the availability of bed space and shall take into account the purpose and function of such facility or center. Placement in such a facility or center may not exceed three hundred sixty-four (364) days.
(c) The court may impose a split sentence whereby the youthful offender is to be placed on probation or parole upon completion of any specified period of incarceration; however, if the incarceration period is to be served in a department facility other than a restitution center or community residential facility, such period shall be for not less than one (1) year or more than four (4) years. The period of probation or parole shall commence immediately upon the release of the youthful offender from incarceration. The period of incarceration imposed or served and the period of probation or parole, when added together, may not exceed six (6) years.
(d) The court may commit the youthful offender to the custody of the Department of Corrections for a period of not more than six (6) years, provided that any such commitment may not exceed the maximum sentence for the offense for which the youthful offender has been convicted. Successful participation in the youthful offender program by an offender who is sentenced as a youthful offender by the court pursuant to this act, or is classified as such by the department, may result in a recommendation to the court, by the department, for a modification or early termination of probation or parole of the sentence at any time prior to the scheduled expiration of such term. The Department of Corrections shall adopt rules defining criteria for successful participation in the youthful offender program which shall include program participation, academic and vocational training and satisfactory adjustment. When a modification of the sentence results in the reduction of a term of incarceration, the court may impose a term of probation or parole which, when added to the term of incarceration, may not exceed the original sentence imposed.
(4) The provisions of this section shall not be used to impose a greater sentence than the permissible sentence range as authorized by law unless reasons are explained in writing by the trial court judge which reasonably justify departure. A sentence imposed outside of this section is subject to appeal.
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. 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;
(b) Sex offenders. Except for a person sentenced as a youthful offender under Section 1 of this act, 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) Capital offenders. No person sentenced for the following offenses shall be eligible for parole:
(i) Capital murder committed on or after July 1, 1994, as defined in Section 97-3-19(2);
(ii) Any offense to which an offender is sentenced to life imprisonment under the provisions of Section 99-19-101; or
(iii) Any offense to which an offender is sentenced to life imprisonment without eligibility for parole under the provisions of Section 99-19-101, whose crime was committed on or after July 1, 1994;
(d) Murder. Except for a person sentenced as a youthful offender under Section 1 of this act, no person sentenced for murder in the first degree, whose crime was committed on or after June 30, 1995, or murder in the second degree, as defined in Section 97-3-19, shall be eligible for parole;
(e) Human trafficking. Except for a person sentenced as a youthful offender under Section 1 of this act, no person sentenced for human trafficking, as defined in Section 97-3-54.1, whose crime was committed on or after July 1, 2014, shall be eligible for parole;
(f) Drug trafficking. Except for a person sentenced as a youthful offender under Section 1 of this act, no person sentenced for trafficking and aggravated trafficking, as defined in Section 41-29-139(f) through (g), shall be eligible for parole;
(g) Offenses specifically prohibiting parole release. Except for a person sentenced as a youthful offender under Section 1 of this act, no person shall be eligible for parole who is convicted of any offense that specifically prohibits parole release;
(h) (i) Offenders eligible for parole consideration for offenses committed after June 30, 1995. Except as provided in paragraphs (a) through (g) of this subsection, offenders may be considered eligible for parole release as follows:
1. Nonviolent crimes. Except for persons sentenced as youthful offenders under Section 1 of this act, all persons sentenced for a nonviolent offense shall be eligible for parole only after they have served twenty five percent (25%) or ten (10) years, whichever is less, of the sentence or sentences imposed by the trial court. 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. Except for a person sentenced as a youthful offender under Section 1 of this act, a person who is sentenced for a violent offense as defined in Section 97-3-2, except robbery with a deadly weapon as defined in Section 97-3-79, drive by shooting as defined in Section 97-3-109, and carjacking as defined in Section 97-3-117, 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 in Section 97-3-79, drive by shooting as defined in Section 97-3-109, and carjacking as defined in Section 97-3-117, shall be eligible for parole only after having served sixty percent (60%) or twenty five (25) years, whichever is less, of the sentence or sentences imposed by the trial court.
3. Nonviolent and nonhabitual drug offenses. Except for a person sentenced as a youthful offender under Section 1 of this act, a person who has been sentenced to a drug offense pursuant to Section 41-29-139(a) through (d), whose crime was committed after June 30, 1995, shall be eligible for parole only after he has served twenty five percent (25%) or ten (10) years, whichever is less, of the sentence or sentences imposed.
(ii) Parole hearing required. Except for all persons sentenced as youthful offenders under Section 1 of this act, all persons eligible for parole under subparagraph (i) of this paragraph (h) who are serving a sentence or sentences for a crime of violence, as defined in Section 97-3-2, shall be required to have a parole hearing before the Parole Board pursuant to Section 47-7-17, prior to parole release.
(iii) Geriatric parole. Notwithstanding the provisions in subparagraph (i) of this paragraph (h), 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 of the sentence or sentences imposed by the trial court shall be eligible for parole. Any person eligible for parole under this subparagraph (iii) 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 (h) if:
1. The inmate is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87;
2. The inmate is sentenced for a crime of violence under Section 97-3-2;
3. The inmate is sentenced for an offense that specifically prohibits parole release;
4. The inmate is sentenced for trafficking in controlled substances under Section 41-29-139(f);
5. The inmate is sentenced for a sex crime; or
6. The inmate has not served one-fourth (1/4) of the sentence imposed by the court.
(iv) Parole consideration 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. A petition for parole eligibility consideration pursuant to this subparagraph (iv) shall be filed in the original criminal cause or causes, and the offender shall serve an executed copy of the petition on the District Attorney. The court may, in its discretion, require the District Attorney to respond to the petition.
(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. Any parole eligibility date shall not be earlier than as required in 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 postrelease drug and alcohol program as a condition of parole.
(6) Except as provided in subsection (1)(a) through (h) of this section, all other persons shall be eligible for parole after serving twenty-five percent (25%) of the sentence or sentences imposed by the trial court, or, if sentenced to thirty (30) years or more, after serving ten (10) years of the sentence or sentences imposed by the trial court.
(7) The Corrections and Criminal Justice Oversight Task Force established in Section 47-5-6 shall develop and submit recommendations to the Governor and to the Legislature annually on or before December 1st concerning issues relating to juvenile and habitual offender parole reform and to review and monitor the implementation of Chapter 479, Laws of 2021.
(8) The amendments contained in Chapter 479, Laws of 2021, shall apply retroactively from and after July 1, 1995.
(9) Notwithstanding provisions to the contrary in this section, a person who was sentenced before July 1, 2021, may be considered for parole if the person's sentence would have been parole eligible before July 1, 2021.
(10) This section shall stand repealed on July 1, 2024.
SECTION 3. Section 47-5-138, Mississippi Code of 1972, is amended as follows:
47-5-138. (1) The department may promulgate rules and regulations to carry out an earned-time allowance program based on the good conduct and performance of an inmate. An inmate is eligible to receive an earned time allowance of one-half (1/2) of the period of confinement imposed by the court except those inmates excluded by law. When an inmate is committed to the custody of the department, the department shall determine a conditional earned-time release date by subtracting the
earned-time allowance from an inmate's term of sentence. This subsection does not apply to any sentence imposed after June 30, 1995.
(2) An inmate may forfeit all or part of his earned-time allowance for a serious violation of rules. No forfeiture of the earned-time allowance shall be effective except upon approval of the commissioner, or his designee, and forfeited earned-time may not be restored.
(3) (a) For the purposes of this subsection, "final order" means an order of a state or federal court that dismisses a lawsuit brought by an inmate while the inmate was in the custody of the Department of Corrections as frivolous, malicious or for failure to state a claim upon which relief could be granted.
(b) On receipt of a final order, the department shall forfeit:
(i) Sixty (60) days of an inmate's accrued
earned-time if the department has received one (1) final order as defined herein;
(ii) One hundred twenty (120) days of an inmate's accrued earned-time if the department has received two (2) final orders as defined herein;
(iii) One hundred eighty (180) days of an inmate's accrued earned-time if the department has received three (3) or more final orders as defined herein.
(c) The department may not restore earned-time forfeited under this subsection.
(4) An inmate who meets the good conduct and performance requirements of the earned-time allowance program may be released on his conditional earned-time release date.
(5) For any sentence imposed after June 30, 1995, an inmate may receive an earned-time allowance of four and one half (4 1/2) days for each thirty (30) days served if the department determines that the inmate has complied with the good conduct and performance requirements of the earned-time allowance program. The
earned-time allowance under this subsection shall not exceed fifteen percent (15%) of an inmate's term of sentence; however, beginning July 1, 2006, no person under the age of twenty-one (21) who has committed a nonviolent offense, and who is under the jurisdiction of the Department of Corrections, shall be subject to the fifteen percent (15%) limitation for earned-time allowances as described in this subsection (5). Beginning July 1, 2023, no person under the age of twenty-one (21) who is sentenced as a youthful offender pursuant to Section 1 of this act, and who is under the jurisdiction of the department shall be subject to the fifteen percent (15%) limitation for earned-time allowances as described in this subsection (5).
(6) Any inmate, who is released before the expiration of his term of sentence under this section, shall be placed under
earned-release supervision until the expiration of the term of sentence. The inmate shall retain inmate status and remain under the jurisdiction of the department. The period of earned-release supervision shall be conducted in the same manner as a period of supervised parole. The department shall develop rules, terms and conditions for the earned-release supervision program. The commissioner shall designate the appropriate hearing officer within the department to conduct revocation hearings for inmates violating the conditions of earned-release supervision.
(7) If the earned-release
supervision is revoked, the inmate shall serve the remainder of the sentence,
but the time the inmate served on earned-release supervision before revocation * * * shall be applied to reduce his sentence.
SECTION 4. This act shall take effect and be in force from and after July 1, 2023.