MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Corrections; Judiciary, Division B
By: Senator(s) Dawkins
AN ACT TO AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO CLARIFY THE INELIGIBILITY FOR PAROLE OF CERTAIN DRUG OFFENDERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 * * *
the conviction in the Mississippi Department of Corrections for a
definite term or terms of one (1) year or * * * more, 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 not less than one-fourth (1/4)
of the total of such term or terms for which such prisoner was sentenced, or,
if sentenced to serve a term or terms of thirty (30) years or more, or, if
sentenced for the term of the natural life of such prisoner, has served not
less than ten (10) years of such life sentence, may be released on parole as
hereinafter provided, except that:
(a) No prisoner convicted as a confirmed and habitual criminal under the provisions of Sections 99-19-81 through 99-19-87 shall be eligible for parole;
(b) Any person who shall have been convicted of a sex crime 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) (i) No person shall be eligible for parole who shall, on or after January 1, 1977, be convicted of robbery or attempted robbery through the display of a firearm until he shall have served ten (10) years if sentenced to a term or terms of more than ten (10) years or if sentenced for the term of the natural life of such person. If such person is sentenced to a term or terms of ten (10) years or less, then such person shall not be eligible for parole. The provisions of this paragraph (c)(i) shall also apply to any person who shall commit robbery or attempted robbery on or after July 1, 1982, through the display of a deadly weapon. This paragraph (c)(i) shall not apply to persons convicted after September 30, 1994;
(ii) No person shall be eligible for parole who shall, on or after October 1, 1994, be convicted of robbery, attempted robbery or carjacking as provided in Section 97-3-115 et seq., through the display of a firearm or drive-by shooting as provided in Section 97-3-109. The provisions of this paragraph (c)(ii) shall also apply to any person who shall commit robbery, attempted robbery, carjacking or a drive-by shooting on or after October 1, 1994, through the display of a deadly weapon. This paragraph (c)(ii) shall not apply to persons convicted after July 1, 2014;
(d) No person shall be eligible for parole who, on or after July 1, 1994, is charged, tried, convicted and sentenced to life imprisonment without eligibility for parole under the provisions of Section 99-19-101;
(e) No person shall be eligible for parole who is charged, tried, convicted and sentenced to life imprisonment under the provisions of Section 99-19-101;
(f) No person shall be
eligible for parole who is convicted or whose suspended sentence is revoked
after June 30, 1995, except that an offender convicted of only nonviolent
crimes after June 30, 1995, may be eligible for parole if the offender meets
the requirements in subsection (1) and this paragraph. 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 * * * either
before parole or the offender * * * must be required to complete a post-release
drug and alcohol program as a condition of parole. For purposes of this
paragraph, "nonviolent crime" means a felony other than the
following: homicide * * *, ; robbery * * *; manslaughter * * *; sex crimes * * *; arson * * *; burglary of * * * a dwelling * * *; aggravated assault * * *; kidnapping * * *; felonious abuse of vulnerable * * *
persons; felonies
with enhanced penalties * * *, ; the sale or manufacture of a controlled substance
under the Uniform Controlled Substances Law * * * if the amounts do not exceed the
amounts specified in Section 41-29-139(b); felony child abuse * * * or exploitation * * *; any crime under Section 97-5-33 * * *, Section 97-5-39(2) * * *, 97-5-39(1)(b), or 97-5-39(1)(c);
or a violation of Section 63-11-30(5). * * * In addition, an offender incarcerated for
committing the crime of possession of a controlled substance under the Uniform
Controlled Substances Law after July 1, 1995, shall be eligible for parole * * *;
(g) (i) No person
who, on or after July 1, 2014, is convicted of a crime of violence * * * as defined in Section 97-3-2,
a sex crime, or an offense that specifically prohibits parole release * * * shall be eligible for parole. All persons
convicted of any other offense on or after July 1, 2014, are eligible for
parole after they have served one-fourth (1/4) of the sentence or sentences
imposed by the trial court.
(ii) Notwithstanding the provisions in paragraph (i) of this subsection, 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 subsection shall be required to have a parole hearing before the board prior to parole release. No inmate shall be eligible for parole under this paragraph of this subsection 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.
(iii) Notwithstanding the provisions of paragraph (1)(a) of this section, 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 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.
(2) Notwithstanding any
other provision of law, an * * * inmate's
earned time, good time or any other administrative reduction of time * * * cannot be applied to reduce
the time necessary to be served for parole eligibility as provided in
subsection (1) of this section.
(3) 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. 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 shall not be earlier than one-fourth (1/4) of the prison sentence or sentences imposed by the court.
(4) Any inmate within twenty-four (24) 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 that is part of the case plan may be in jeopardy of noncompliance with the case plan and may be denied parole.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.