All rights reserved. , loosens Mississippis parole requirements, which are currently among the most restrictive in the nation. Sadly, the bills refusal to include habitual offenders in earned parole is a huge setback. 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. Rep. Bain also proposed HB 0413, which died in committee, which would have modified Mississippi Code 99-19-81 to have the habitual-offenders sentence applied to a crime committed within 15 years of the previous two offenses. Review these facts about the habitual offender law if you or a loved one faces criminal prosecution in Mississippi. The absurdity of gov banning cigarettes but legalizing pot, The good, bad and the ugly in Albany budget sausage-making, Albany lawmakers hash out ways to deal with NYCs illegal weed shops as part of $227B state budget. There have been numerous studies for years that habitual offender laws are not effective in deterring criminal behavior nor in capturing the high-level criminals these laws were designed to catch. In Matthew 25, the scripture talks about the 2nd coming of the Lord and how hes going to separate the sheep from the goats, said Parole Board chairman Steve Pickett. Russell did more than eight years in prison on two home burglary charges and spent another two years in the clink after a conviction for unlawful possession of a firearm, according to the Mississippi Court of Appeals ruling. Since then, Covid-19 has not been eradicated just yet. Many of those who pushed for parole reform referenced the cost savings to the state taxpayers, but board member Jim Cooper says that wont play into their decisions. 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 a full, multi-year implementation of the criminal justice reforms passed in 2014 and 2021 before any additional legislation regarding habitual . Below are just a few of the people who are currently serving time in Mississippi prisons for cannabis-related crimes. (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 such conviction in the Mississippi Department of Corrections for a definite term or terms of one (1) year or over, or for the term of his or her natural life, whose record of conduct shows that such prisoner After the mid-decade changes, though, the states inmate population skyrocketedeven as the states overall population stagnated. I have a 4-year old son. How Long for CBD Gummies to Work? 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). You can explore additional available newsletters here. I had been out of jail on my armed robbery charge for 20 years, was working, had a job, worked every day and I was raising a family. In 2020, prisoners were provided little to no healthcare resources during the height of the pandemic. Maximum sentencing with no hope for early release means thousands of prisoners are sitting in jail for extended periods of time. Guest did not respond to the Mississippi Free Press email on Monday, Jan. 31, to his campaign office for comments nor another on Tuesday, Feb. 8. Please check official sources. 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. A Mississippi man will continue to serve a life sentence for a pot bust after a court upheld the lengthy term. We stand ready to continue working with legislators and state leadership on more common sense solutions, like changing the states harsh habitual sentencing laws, further safely reducing Mississippis prison population, and strengthening families and communities across our state., In a tweet thread explaining his decision to sign the Mississippi Earned Parole Eligibility Act into law today, Gov. It is in the best interest of all of us that every state with habitual offender laws begins to take the steps to remove them. By 2000, more than 18,000 Mississippians lived behind bars. S.B. A judge sentenced her to, life in prison without the possibility of parole for felony marijuana possession. His first offense occurred when he was 19 years old. The hopeful news for criminal-justice reforms came hours after the U.S. Supreme Court, in an opinion authored by Justice Brett Kavanaugh, dealt a blow to some advocates with. Their incarceration rates are through the roof and they must take the steps to lower them. Kendall Martin was sentenced to 60 years in prison for possession of marijuana without the possibility of parole. (a) Habitual offenders. Mississippi has been my family's home for more than 200 years. More than half the women in our Mississippi prisons are serving sentences for drugs or other non-violent crimes. But lawmakers opted for the narrower reforms this year after Gov. MISSISSIPPI LEGISLATURE REGULAR SESSION 2021 By: Senator(s) Barnett, Jackson (11th), Sparks, Butler, Wiggins, Jackson (32nd), Simmons (13th) SENATE BILL NO. More than Mississippi 100 inmates died last year amid outbreaks of violence and COVID-19. Waide said he feels confident the case has a better chance than most, both because of how straightforward the argument is and because experienced Supreme Court litigator Alan Morrison has also joined to represent Brown. And I would like to see the habitual law go away. In an opinion affirming the sentence, the Mississippi Court of Appeals wrote on Nov. 8, 2011:The circuit court determined that Mitchell was eligible for two sentence enhancements: the subsequent-drug-offender enhancement and the habitual-offender enhancement.. Daniel H. Sparks, R-Belmont, and Derrick T. Simmons, D-Greenville; and Reps. Rep. Bryant W. Clark, D-Pickens, Rep. Nick Bain, R-Corinth, Rep Robert L. Johnson III, D-Natchez, and Rep. Jeffery Harness, D-Fayette. In October 1983, a Lowndes County circuit judge had sentenced him to three years in prison for selling less than one ounce of marijuana. Were not going to suddenly see a 25% reduction in the prison population. We apologize for this error. 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. Furthermore, these codes remove a persons ability to even be considered for parole or probation. As such, prisoners are still facing a health crisis in overcrowded complexes. 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. By removing these habitual offender laws, Mississippi can begin to resolve its imprisonment issues. On June 30, 2010, the Madison County Circuit Court sentenced Mitchell to the maximum sentence of 60 years and doubled it to 120 years without the possibility of parole. 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. 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. Under the little law, someone is sentenced to the maximum possible prison sentence upon conviction of their third felony. At the time of Browns conviction, the Mississippi statute did not provide a definition as to what constitutes a violent crime, the petition argues. Parole-eligible inmates serving time for non-violent crimes currently must complete at least 25% of their sentence before they can get a parole hearing. For example, in a post-pandemic world, the concerns of Covid-19 are only amplified in an overcrowded prison. 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. 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. I might not even be here. Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate incidents at different times and who shall have been sentenced to separate terms of one (1) year or more in any state and/or federal penal institution, whether in this state or elsewhere, shall be sentenced to the maximum term of imprisonment prescribed for such felony, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole or probation. Too many incarcerated Mississippians were left out of this years criminal justice reform package and must be prioritized in future ones.. Allowing the opportunity for parole will prevent people from serving absurdly long sentences for non-violent crimes. Alternatively, the current codes can be adjusted to ensure non-violent offenders or those who already served time for prior offenses are not mandated to receive the max sentence. An automated email reply on Thursday from Pillow indicated that he will not be back in office until Feb. 16, and has only periodic access to email until then. Theres very little doubt that he had an addiction problem, but the end result of it is that he gets put in prison for the rest of his life, Latino said. I trust my Parole Board appointees to make wise decisions. Tate Reeves touted in a statement after it passed. When a prison has breached its capacity resources become scarcer, the treatment of prisoners worsens, and violence and sickness skyrocket. We've received your submission. Latino cautioned that the new laws full impact will not manifest immediately. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. I think the argument is serious and needs resolution, but its a long shot, not just because all petitions for cert are a long shot, but because, in part, this issue has already been solved by the state of Mississippi, Steffey said. Anatomy of Journalistic Impact: FedEx Driver DMonterrio Gibsons Story, Activist Mulls FedEx Boycott for Treatment of Black Worker Chased and Fired On in Brookhaven. Someone who served their time for a violent felony years ago is still subject to life without parole for a nonviolent on a third felony. 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. Previously the state reporter at the Jackson Free Press, he drove national headlines and conversations with award-winning reporting about segregation academies. 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. Advocates have noted this can lead to life sentences for anything from drug charges to shoplifting. A trained photojournalist, Ashton lives in South Mississippi with his husband, William, and their two pit bulls, Dorothy and Dru. FOCUS: 2022 Elections Housing & Evictions #MSWelfare Scandal Jackson Water Abortion Race & Racism Policing Incarceration. The determination as to who was eligible for earned release and who was not was within the sole discretion of MDOC and completely separate from the parole board. The judge who presided over her robbery conviction found she did not commit a crime of violence because she did not possess the weapon used and was not physically present at the robbery. 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. Brown said, if she were out of prison, shed be with her children and grandchildren and taking care of her aging mother. Hollins anticipated release date from the Mississippi Department of Corrections custody is 2070 when he will be 95 years old. He crisscrossed various editorial positions beginning in 2010 before moving to the United States with his family in 2019. (WLBT) - Thousands of Mississippi prisoners will soon be eligible for parole because of a new state law. HB 981 gives people sentenced as habitual offenders an option after they have served the lesser of 20% or 15 years of their sentence. Other inmates, like Gregory Hollins, are serving long sentences without parole because of multiple non-violent offenses. The #msleg addressed ur issue and sent you a bill you could sign, he wrote. Mississippi could prosper better if they werent paying for all these people in prison.. 2013 Mississippi Code Title 99 - CRIMINAL PROCEDURE Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION SENTENCING OF HABITUAL CRIMINALS 99-19-81 - Sentencing of habitual criminals to maximum term of imprisonment Universal Citation: MS Code 99-19-81 (2013) Large majorities of lawmakers in both of Mississippis Republican-dominated chambers approved the changes earlier this year. Mississippi's habitual offender laws were passed in the 1990s, when American society was seeing higher-than-average crime rates and many states imposed "three strikes" laws. Through our philanthropic efforts, The Botanical Empress is helping shine a spotlight on individuals unjustly incarcerated for non-violent cannabis-related offenses. | Mississippi Center for Investigative Reporting, Your California Privacy Rights/Privacy Policy. With your gift, we can do even more important stories like this one. Thats more important than the dollar that it costs.. He gets 60 years, and Ill be 90 years old. The misdemeanor offense attracts up to $500 in fines and six months in prison or both. Mississippi Code 4129147 mandates a doubling of the sentence for a second or subsequent drug offense. Mississippi's Top Court Upholds Life Sentence For Weed Conviction By 'Habitual Offender' Russell Allen was found guilty in 2019 of being in possession of less than 2.5 ounces of weed. Police confiscated five bags from Russell when he was arrested in 2017, and confirmed that two of the bags contained 1.5 ounces of marijuana. This is important for habitual drug offenders. So, we take each one individually.. Mississippi implemented the restrictive parole eligibility requirements and its habitual offender law in the 1990s as a tough-on-crime wave swept the nation, including the federal government. You can read more about Chriss story here. By 2000, more than 18,000 Mississippians lived behind bars. But they could at least let me get out and help raise my grandkids, to be a part of their life. Under current law, prosecutors were able to multiply his sentence due to prior convictions. Though he doesnt know how far reaching the impact of a decision would be, Waide thinks its an important one to be decided. "The primary changes will be non-violent drug offenses. Its cruel and unusual punishment, added Brown, who said she has two kids who were 12 and 7 when she was incarcerated. SB2795 excludes habitual offenders from earned parole. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. I just pray that something changes.. The executive director said that it would be a welcome development if the legislators would work on a mechanism to restore parole to those sentenced under habitual-offenders laws to allow them to return to their families. 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. John McDonald is just one of many other victims of Mississippis harsh habitual offender law. Without their combined efforts, the bill would not have become law.. In fact, two-thirds of Mississippi voters agree, according to a 2018 survey conducted for FWD.us., and believe habitual sentences shouldnt be applied to people whose current convictions are for non-violent crimes. To get a lesser punishment, Wilson agreed to be a confidential informant for the Flowood police and bait a cocaine seller. Get free summaries of new opinions delivered to your inbox! That day, Columbus Police Officers Wade Beard and Christopher Smith arrested him for possessing precursors for methamphetamine, a central nervous system stimulant used as a recreational drug. Other states who possessed similar habitual offender laws have remodeled their legislation to three-strikes laws. Drummer was convicted of possessing less than two ounces of marijuana and sentenced to life without parole under Mississippis habitual offender law.

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