This information is not intended to create, and receipt We apologize for this error. Its members, who are appointed by the governor and confirmed by the Senate, will decide whether or not to grant parole by assessing factors such as inmate behavior. Asked about the governor's thoughts towards reforming habitual offender laws, press secretary Bailey Martin wrote in a June 11 email, "Governor Reeves believes that Mississippi should focus on . House burglary and manslaughter are cases that the parole board, until July 1, have not seen, added Pickett. Allen Russells life sentence was upheld by a state appeals court Tuesday due to his habitual offender status from past run-ins with the law. Last month, FWD.us, a criminal-justice reform organization, released a study with Rounds Consulting Group on the fiscal impact of loosening parole eligibility requirements. And it allows you some accountability for everybody, the lawmaker added. For instance, in Johnson v. United States, the government asked for an enhancement to sentencing based on the conviction of a violent felony in the Armed Career Criminal Act, which is defined as a crime that otherwise involves conduct that presents a serious potential of physical injury to another, according to the petition. It also eases the burden on taxpayers, too. Inaction on habitual laws mean that individuals like Tameka Drummer, who is serving a habitual life sentence for marijuana possession, and Paul Houser, who is serving a 60-year habitual sentence for a drug conviction, remain indefensibly behind bars. It will take effect on July 1. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. Drummer was convicted of possessing less than two ounces of marijuana and sentenced to life without parole under Mississippis habitual offender law. Reeves vetoed a more expansive parole reform bill last year. Gregory Hollins brother, Larry, said that the law of habitual offenders confused him. Allowing the opportunity for parole will prevent people from serving absurdly long sentences for non-violent crimes. That means there will be a forum in which evidence supporting and contesting release will be considered. 2021 regular session. She called Hollins, whom she knows only by his nicknameTefalon, from her room. Get free summaries of new opinions delivered to your inbox! Madison, Latino said there are about 90 inmates in Mississippi who, like Drummer, are serving life-without-parole because of a third non-violent felony following earlier violent ones. State law allows for a life sentence without parole if a person has spent a year in prison on two separate felonies, one of which must be a violent offense, according to the Associated Press/Report for America. My family began in 1996. When a prison has breached its capacity resources become scarcer, the treatment of prisoners worsens, and violence and sickness skyrocket. The habitual sentencing law is used by district attorneys to prosecute people for all offenses, including nonviolent crimes like shoplifting or drug possession. Non-violent offenders are generally parole eligible after serving 25% but habitual offenders must serve their entire sentence day for day. Under the old law, non-violent habitual offenders did not have any legal avenue for judicial leniency as the trial court lacked jurisdiction to amend its sentence. Photo courtesy Mississippi Department of Corrections Before the Aug. 1 call, Madison County Deputy Trey Curtis had wired Hewitt with an audiovisual recording device. You can read more about Johns story here. He hopes to one day be released from prison and use his experiences to help educate young people caught in the judicial system. AN ACT TO AMEND SECTIONS 99-19-81, MISSISSIPPI CODE OF 1972, TO PROVIDE A TIME PERIOD FOR QUALIFICATION OF CERTAIN HABITUAL OFFENDERS; TO AMEND SECTION 99-19-83, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS THAT REGULATE HABITUAL OFFENDERS; TO REMOVE RESTRICTIONS FOR REDUCTION OF PAROLE; TO AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO If youre going to still hold that against (the defendant) and come back 10 years later and sentence (him, and say) Hey, what you did in 1995, is going to have an effect on what we sentence you to today,' he added. Then-Sen. Joe Biden authored and then-President Bill Clinton signed the 1994 crime bill, creating harsh sentencing requirements (both men have since called for reversing those policies). John was arrested and charged with possession of marijuana, a nonviolent offense, and was sentenced to 60 years in prison. John McDonald is just one of many other victims of Mississippis harsh habitual offender law. But how can MS accomplish this? Furthermore, these codes remove a persons ability to even be considered for parole or probation. We've received your submission. The inmate is sentenced as a habitual 121 offender under Sections 99-19-81 through 99-19-87; 122 2. Other inmates, like Gregory Hollins, are serving long sentences without parole because of multiple non-violent offenses. After this victory, he said, Empower Mississippi will soon begin engaging in renewed talks with lawmakers about additional reforms. And there is no time cut off for how far back you can go, she added. Second chances are good, he wrote, but knee-jerk efforts can harm public safety., This bill expands parole eligiblity for somebut it does not guarantee it! What is a Habitual Offender? But police officers were nearby waiting to pounce. The law enforcement officer, who is now a captain, wired the informant to record video and audio of a marijuana purchase transaction and gave the person $200 for it. That makes no sense; that makes no sense to me.. A judge sentenced her to, life in prison without the possibility of parole for felony marijuana possession. It should be one penalty for one crime, Patsy said. You got my 40? Ronnie Hewitt asked Jermaine Mitchell, who was then 29 years old, on the phone on Aug. 1, 2009. To get a lesser punishment, Wilson agreed to be a confidential informant for the Flowood police and bait a cocaine seller. Those who are eligible must first serve 25% of their sentencing or, if they were sentenced to 30 years or more, they must serve at least 10 years before they may be considered. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. We observed as the board asked questions of an offender Wednesday, ranging from who hed live with if released, to whether hed had any rule violations while incarcerated. They have declined to hear the case, he said, while the U.S. District Court decided the case was without merit. However, the next day and before sentencing, then-District Attorney Guest acting on behalf of the State asked the Madison County circuit court for permission to amend the indictment to charge Boyd as a subsequent drug offender. Because he had two previous convictions relating to the sale of controlled substances, his sentencing was under both Mississippi Code 4129147 and 99-19-81. And I think that thats a serious problem, a serious policy problem for the state, especially those that are doing live on a marijuana charge, now that we have essentially allowed for medical marijuana in the state.. Maximum sentencing with no hope for early release means thousands of prisoners are sitting in jail for extended periods of time. There is no parole. After both houses of the Mississippi Legislature approved the Mississippi Earned Parole Eligibility Act earlier this month, FWD.us sounded a bittersweet note as it celebrated the bills passage. Mississippi Clarion Ledger. Uncovering the 7 Key Factors, How to Choose the Best Moldavite Size for You, The 13 Best Cannabis Strains Proven to Boost Creativity, 17 Crystals to Pair with Moldavite and Their Combined Effects, 7 Signs of Cannabis Root Problems [And How to Fix Them]. We use cookies to optimize our website and our service. Today, Latino said, his organization is celebrating the parole eligibility changes, which he emphasized is a major step that should offer Mississippians hope. The two deputies waited for several minutes outside, and after Hewitt left the house, they followed him back to a different location and collected the recording device. Too many incarcerated Mississippians were left out of this years criminal justice reform package and must be prioritized in future ones.. I'm a wife and stay-at-home mom and a proud Mississippi girl. Latino cautioned that the new laws full impact will not manifest immediately. The petition argues that the void for vagueness issue was not raised, as the court cases the appellate court relied on had not yet been decided. While the deal was going down inside the motel, the 6-feet-tall Hollins sat in the drivers seat of a car outside the motel, and waited for the conclusion of the transaction. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. The Madison County Circuit Court sentenced Boyd as a subsequent drug offender to 120 years in the custody of the Mississippi Department of Corrections (MDOC), with sixty years to serve and five years of supervised post-release supervision, the court added. Mississippi Code 99-19-83, as it now stands, mandates that if one of the earlier convictions was for a violent crime, even if the third felony is not, the court must sentence the defendant to life imprisonment without the option of parole. We give prosecutors the sole. The judge who presided over her drug charge said the enhanced sentencing applied to Brown even though she was guilty as an accessory, because state law makes an accomplice guilty as principal. On the other hand, he said the fact the law has been amended may make the court see the case as having less national importance, as its also currently unknown if other states have laws similar enough that a decision would affect them as well. Making these alternative forms of habitual offender laws just as damaging. The enactment of HB 585 impacted Mississippi's parole laws in several significant ways. Three of the major changes are as follows: . Drummer'ssentence started when her little boy was only 4years old; hes now 16. The bill provides for a change to Mississippi Code 99-19-81 and Mississippi Code 99-19-83 for habitual sentencing to be activated only when a defendant commits a violent offense as defined by Mississippi Code 97-3-2, and one of the two previous felony convictions was a violent offense. Mississippi has the second highest imprisonment rate in the country, and this habitual sentencing law is a big part of the problem. Legislative deadlines last month killed a bill that would have made parole possible for Drummer and hundreds of inmates like her, but other inmates and families could get a reprieve after Gov. You can read more about Kendalls case here. Through our taxes, you and I are paying to support an aging prison population. We already have this process for other offenders; we dont have it for habitual offenders., Bain is the chairman of one of two House judiciary committees and vice chairman of the judiciary en banc committee. Pickett says the law change will make around 4,000 offenders eligible for parole. Maybe not in this lifetime Ill ever be able to sit in a boat and fish with him again, or just actually sit at the kitchen table and have a home-cooked meal with him., Judkins said Mississippis habitual-offenders laws contribute to making the state one of the nations highest in incarceration. The majority of people serving these very long sentences for nonviolent offenses were convicted of drug-related crimes., There are over 175 people serving 20+ year little habitual sentences for nonviolent crimes in prison today who are ineligible for parole and earned time and thus must serve every day of their sentences behind bars.. In 2021, the governor of Mississippi Tate Reeves signed a new bill into law that should counteract these habitual offender laws. Your California Privacy Rights/Privacy Policy. Hewitt stayed for a few more minutes talking about various issues, then left. By removing these habitual offender laws, Mississippi can begin to resolve its imprisonment issues. Connect with your community by subscribing today. And not all are eligibilewe were able to ensure 1st and 2nd degree murderers cant get it. We use cookies to optimize our website and our service. You can explore additional available newsletters here. The third felony doesnt have to be violent for the law to take effect. Brown, of Pontotoc County, who just turned 58, was sentenced to life without parole under the big law in 2008 for a rock of cocaine weighing less than two grams because of previous charges, including accessory to an armed robbery in the late 1980s. Any inmate that has not been convicted of a crime of violence may petition the trial court for parole eligibility after serving only 25% of their sentence. FOCUS: 2022 Elections Housing & Evictions #MSWelfare Scandal Jackson Water Abortion Race & Racism Policing Incarceration. Like a number of other states, Mississippi has two habitual offender laws, referred to as the "big" and "little" laws. Except as provided by Sections 99-19-81 through 99-19-87, no person sentenced as a confirmed and habitual criminal for a crime of violence as defined by Section 97-3-2 shall be eligible for parole; (b) Sex offenders. He estimated that more than one in 10 prison inmates in Mississippi are there with enhanced sentences as habitual offenders., And some of those are doing life for minor drug offenses, he added. One of the reasons Mississippi has such high levels of incarceration is due to its habitual offender laws. Even with the habitual law, Im trying to figure out how does anyone get to come up and determine (that) just because this guy has been in trouble two times or three times, then hey, lets just throw him away; the time (served) didnt mean (anything),' Larry said in a FWD.us video posted to Youtube in 2019. Mississippi Journalism and Education Group is a a 501(c)(3) nonprofit media organization (EIN 85-1403937) for the state, devoted to going beyond partisanship and publishing solutions journalism for the Magnolia State and all of its people. The Mississippi Free Press is a project of the Mississippi Journalism and Education Group, a 501(c)(3) nonprofit journalism organization (EIN 85-1403937). Senate Bill 2795, also known as the Mississippi Earned Parole Eligibility Act, has passed the legislature and been signed by the governor into law and will take effect on July 1, 2021. I dont believe I deserve to be thrown away in prison and left in here to die, she said. Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. Two Mississippi state senators and four state representatives filed 13 bills in the 2022 legislative session to reform the habitual offenders laws in the state: Sens. Hollins anticipated release date from the Mississippi Department of Corrections custody is 2070 when he will be 95 years old. 125 S. Congress Street #1324Jackson, MS 39201[emailprotected][emailprotected]601-362-6121. The police placed Wilson in a room at Airport Inn (716 Highway 80 E. Flowood) and gave her $200 on Dec. 28, 2008. His tentative release date is 2129 at age 148. Mississippis COVID-19 Recovery Is Real, Experts Say. It would make so much more sense to spend our resources helping people get back on their feet, helping them access treatment and job training, rather than leaving them to languish behind bars. Since then, Covid-19 has not been eradicated just yet. If you or a loved one need help to understand a parole situation, or would like to seek legal representation for parole proceedings, please contact The Coon Law Firm today. House burglary and manslaughter are cases that the parole board, until July 1, have not seen," added Pickett. Rep. We look at who they are, what theyve done, why theyre where they are, what theyre likely to do when they get out. We have over 2,600 people serving sentences under the habitual law. The technical storage or access that is used exclusively for statistical purposes. 2020). Waide, who was not Browns lawyer in her initial case, has tried unsuccessfully to argue her case before the Mississippi Supreme Court, as well as both federal district and appeals courts, using the void for vagueness argument. But What Comes Next? 2795 . Despite some middling criminal justice reforms in recent years, the Mississippi Department of Corrections reported that, 17,229 inmates live in all the states jails and prisons, Along with looking at changes to the states habitual offender laws, he said, the organization is studying accomplishments in. It is more than I can bear to think about. FOCUS: 2022 Elections Housing & Evictions #MSWelfare Scandal Jackson Water Abortion Race & Racism Policing Incarceration. The technical storage or access that is used exclusively for anonymous statistical purposes. Before, being sentenced as a "little" habitual offender meant the maximum sentence . In a way that we think is common sense, that it is smart on crime and soft on taxpayers. Sen. Wiggins, one of the legislations sponsors, thanked the governor in a tweet today.