MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Corrections; Judiciary B
By: Representative Banks
AN ACT TO AMEND SECTION 47-5-139, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN INMATES WHO WERE CONVICTED AFTER JULY 1, 1995, BUT BEFORE JULY 1, 2014, AND WHO ARE SERVING LIFE SENTENCES FOR CAPITAL MURDER MAY PETITION THE SENTENCING COURT FOR CONDITIONAL RELEASE AFTER SERVING AT LEAST TEN (10) YEARS OF THEIR SENTENCES; TO REMOVE THE REQUIREMENT THAT SUCH INMATES BE 65 YEARS OR OLDER BEFORE SUCH PETITIONS MAY BE MADE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-5-139, Mississippi Code of 1972, is amended as follows:
47-5-139. (1) An inmate shall not be eligible for the earned time allowance if:
(a) The inmate was
sentenced to life imprisonment; but an inmate, except an inmate sentenced to
life imprisonment for capital murder, * * * who has served at least * * * ten (10) years and was
convicted after July 1, 1995, but before July 1, 2014, may petition the
sentencing court for conditional release;
(b) The inmate was convicted as a habitual offender under Sections 99-19-81 through 99-19-87;
(c) The inmate has forfeited his earned time allowance by order of the commissioner;
(d) The inmate was convicted of a sex crime; or
(e) The inmate has not served the mandatory time required for parole eligibility for a conviction of robbery or attempted robbery with a deadly weapon.
(2) An offender under two (2) or more consecutive sentences shall be allowed commutation based upon the total term of the sentences.
(3) All earned time shall be forfeited by the inmate in the event of escape and/or aiding and abetting an escape. The commissioner may restore all or part of the earned time if the escapee returns to the institution voluntarily, without expense to the state, and without act of violence while a fugitive from the facility.
(4) Any officer or employee who shall willfully violate the provisions of this section and be convicted therefor shall be removed from office or employment.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.