MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Corrections
By: Representatives Kinkade, Sykes
AN ACT TO AMEND SECTION 47-7-18, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ONLY PAROLE-ELIGIBLE INMATES WHO WERE CONVICTED ON OR AFTER JULY 1, 2014, MAY BE RELEASED ON HIS OR HER PAROLE ELIGIBILITY DATE FROM INCARCERATION TO PAROLE SUPERVISION WITHOUT A HEARING BEFORE THE PAROLE BOARD, IF CERTAIN CONDITIONS ARE MET; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 47-7-18, Mississippi Code of 1972, is amended as follows:
47-7-18 (1) Each inmate convicted on
or after July 1, 2014, and who is eligible for parole pursuant to Section
47-7-3, * * *
may 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.
SECTION 2. This act shall take effect and be in force from and after July 1, 2017.