MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Corrections
By: Representative DeBar
AN ACT TO CREATE NEW SECTION 47-5-142.1, MISSISSIPPI CODE OF 1972, TO PROHIBIT AN INMATE FROM OBTAINING ANY REDUCTION OF SENTENCE THROUGH EARNED TIME ALLOWANCE OR ANY OTHER ADMINISTRATIVE REDUCTION IF SUCH INMATE WAS EIGHTEEN YEARS OF AGE OR OLDER WHEN HE OR SHE COMMITTED CERTAIN FELONIES; TO PROVIDE THAT A JUVENILE OFFENDER MAY BE ELIGIBLE FOR PAROLE AFTER SERVING EIGHTY-FIVE PERCENT OF HIS OR HER SENTENCE IF SUCH OFFENDER WAS SENTENCED TO 35 YEARS OR MORE OF IMPRISONMENT OR TO A TERM OF NATURAL LIFE WITH THE POSSIBILITY OF PAROLE; TO PROVIDE THAT SUCH JUVENILE MAY PETITION FOR HIS OR HER CONDITIONAL RELEASE IN THE CIRCUIT COURT IN WHICH HE OR SHE WAS CONVICTED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 47-5-142.1, Mississippi Code of 1972:
47-5-142.1 (1) No inmate who was older than eighteen (18) years of age at the time he committed his offense shall be eligible for earned time allowance, trusty time, meritorious earned time, good time, executive time or any other administrative reduction of time if:
(a) The inmate was sentenced to life imprisonment without the possibility of parole;
(b) The inmate was sentenced to life imprisonment; but an inmate sentenced to life imprisonment for murder, who has reached the age of sixty-five (65) years or older and who has served at least fifteen (15) years may petition the sentencing court for conditional release;
(c) The inmate was convicted as a habitual offender under Sections 99-19-81 through 99-19-87;
(d) The inmate was convicted of second degree murder, manslaughter or aggravated assault;
(e) The inmate was convicted of a sex crime;
(f) The inmate has not served the mandatory time required for parole eligibility for a conviction of robbery or attempted robbery with a deadly weapon; or
(g) The inmate has forfeited his earned time allowance by order of the commissioner.
SECTION 2. (1) An inmate sentenced to serve a definite term of imprisonment of thirty-five (35) or more years, or sentenced to a term of his natural life with the possibility of parole, and who was under the age of eighteen (18) years at the time of the commission of the felony for which he has been so sentenced and whose record of conduct shows that such prisoner has obeyed the rules of the Mississippi Department of Corrections, shall be eligible for parole after having served eighty-five percent (85%)of his sentence if such sentence is for a term of thirty-five (35) years or after having served thirty-five (35) years of the sentence of his natural life with possibility of parole.
(2) The inmate described under this section may petition for release in the circuit court in which he was convicted, and the court, after a hearing on such petition, shall determine if the inmate shall be released on post-release supervision and the terms and conditions thereof.
SECTION 3. This act shall take effect and be in force from and after July 1, 2014.