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. Kendall Martin was sentenced to 60 years in prison for possession of marijuana without the possibility of parole. The new law provides that violent offenders are eligible for parole after serving 50% of their sentence or twenty years, whichever is shorter. Without their combined efforts, the bill would not have become law.. In October 2009, Tommy Jones, then a lieutenant in the Madison County sheriffs Departments narcotics division, used a confidential informant to trap Dwayne Boyd. Please check official sources. Tate Reeves touted in a statement after it passed. Maybe best of all, habitual offenders are not included in this bill, he wrote. Brown is challenging the states habitual offender law that ensured she would receive life without parole before the U.S. Supreme Court, which will decide what action to take on the case after the justices conference on Friday. Nine hundred and six people received 20 or more years in prison, with nearly half of them439 peopleserving a life or virtual life sentence of 50 years or more, and 449 are aged 50 or older. I have a 4-year old son. The legislations primary sponsor, Sen. Juan Barnett, a Heidelberg Democrat, spearheaded the effort to change the parole law with co-sponsors Sen. Robert Jackson, D-Marks; Daniel Sparks, R-Cleveland; Albert Butler, D-Port Gibson; Brice Wiggins, R-Pascagoula; Sampson Jackson II, D-Preston; and Sarita Simmons, D-Jackson. 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. When Williams came back, joined Hollins in the vehicle and sat on the passengers side, the law-enforcement officers immediately arrested both men. All rights reserved. The Mississippi Court of Appeals ruled against Brown in 2009, and Brown filed further, unsuccessful appeals to the state Supreme Court. Under current law, prosecutors were able to multiply his sentence due to prior convictions. And unless our lawmakers implement much-needed reforms, they will never go home. Good policy takes time and at times a 2nd look. Youd be surprised how often young people especially cant meet the standards because they have telephones, described board member Nehemiah Flowers, Jr. Theyll sneak in or various and sundry items theyre not supposed to have. We use cookies to optimize our website and our service. Mississippi jails and prisons held 8,158 inmates in 1990. State Sen. Juan Barnett, D-Heidelberg, the author of the bill, has previously said hes hoping to address issues such as the habitual offender laws in the future. 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. 2060 Main St. The estimate refers to a 30-year period, not a single year. After the mid-decade changes, though, the states inmate population skyrocketed, even as the states overall population stagnated. So, they cant be paroled.. 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. Under these laws, many residents end up serving long sentences for non-violent crimes such as drug possession. Only one of the bills made it past the committee levelBains House Bill 981. Additionally, in order for a person to be approved for parole or probation, a judge must sign off on the request. The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. With your gift, we can do even more important stories like this one. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Map & Directions [+]. A trained photojournalist, Ashton lives in South Mississippi with his husband, William, and their two pit bulls, Dorothy and Dru. FWD.us agreed that there is much more work to do. 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. A judge sentenced her to life in prison without the possibility of parole for felony marijuana possession in 2008a requirement under Mississippis three-strike law; Drummer had already served time for two prior felony convictions. 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. After this victory, he said, Empower Mississippi will soon begin engaging in renewed talks with lawmakers about additional reforms. Hewitt was calling Mitchell to buy $40 crack cocaine. Save my name, email, and website in this browser for the next time I comment. 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. Before that day, Flowood police had arrested Wilson during a traffic stop. His son Paul Jr. said he regrets not having his father around to experience life with him. As such, prisoners are still facing a health crisis in overcrowded complexes. We have the second-highest rate of imprisonment in the entire country, she said. Before, being sentenced as a "little" habitual offender meant the maximum sentence . There are no words to describe the trauma it would cause him to be forever separated from me. 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. 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! 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. It is more than I can bear to think about. This is just one important step, Judkins said in todays FWD.us statement today. 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. Parole eligibility set to expand in Mississippi under new law, This is a terrible tragedy: Jackson police recruit, former firefighter dies, Beloved Mississippi school bus driver killed during crash with 18-wheeler, Eleven players with Mississippi ties selected in 2023 NFL Draft, Marshand Crisler says he will stay in the race for Hinds County sheriff, Belhaven football puts a smile on the face of little girl, City of Byram awarded thousands of state dollars for infrastructure projects, Request a First Alert Weather School Visit, Advertising Non-Discrimination Certification. Under state law, possession of between 1.05 and 8.8 ounces of marijuana carries a sentence of up to three years, a $3,000 fine, or both, the AP said. , loosens Mississippis parole requirements, which are currently among the most restrictive in the nation. In a November 2019 report, FWD.us wrote that the more than 2,600 people in Mississippi prison today received habitual-offenders sentences. A more expansive version of parole eligibility reform that the Legislature could have chosen instead, Senate Bill 2123, would have saved the state as much as $1.37 billion, the group said. As of 2020, there were around 80 people serving life sentences in Mississippi under the big habitual offender law for a nonviolent third felony, according to The Clarion Ledger. 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. 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. Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. Terms of the habitual offender law Too many incarcerated Mississippians were left out of this years criminal justice reform package and must be prioritized in future ones.. But when the new law takes effect this summer, the parole eligibility requirement will change to 25% of the sentence served or a maximum of 10 years. You're all set! It is failing our state, and it is hurting all of us but there is a better way forward. She was arrested after less than $20 of cocaine fell out of her pocket. For example, in a post-pandemic world, the concerns of Covid-19 are only amplified in an overcrowded prison. His whole family could possibly be gone when he gets out of jail, Hollins brother, Larry, told FWD.us. 125 S. Congress Street #1324Jackson, MS 39201[emailprotected][emailprotected]601-362-6121. I want another chance at life, you know? MISSISSIPPI LEGISLATURE REGULAR SESSION 2021 By: Senator(s) Barnett, Jackson (11th), Sparks, Butler, Wiggins, Jackson (32nd), Simmons (13th) SENATE BILL NO. 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. Allowing the opportunity for parole will prevent people from serving absurdly long sentences for non-violent crimes. Tate Reeves to pardon a woman sentenced to life in prison without parole as a habitual offender for . S.B. Today is a big day for Mississippians across the state, particularly for people and families who sadly, know firsthand just how devastating the states incarceration crisis is, and who have, alongside other advocates, pushed to ensure meaningful opportunities for release for their loved ones, FWD.us Mississippi State Director Alesha Judkins said in a statement on behalf of the pro-criminal justice reform organization today. 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. 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. Non-violent habitual offenders (aka "little" habitual) may now petition the sentencing court for parole eligibility. The law also contains a significant change for non-violent offenders. Those previously sentenced based on "habitual offenders" guidelines can be eligible for parole, retroactively benefiting from the law's change. Since 2010, Hollins has been serving a 60-year sentence due to drug offenses. Mississippi, like states across the country, followed the national trend with its own tough-on-crime reforms in 1995. Explaining his 2020 veto at the time, the governor said he feared it would allow violent offenders to get an early release. Anatomy of Journalistic Impact: FedEx Driver DMonterrio Gibsons Story, Activist Mulls FedEx Boycott for Treatment of Black Worker Chased and Fired On in Brookhaven. 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]. The Clarion Ledger is local journalists telling local stories. The Clarion Ledger: Local journalists telling Mississippi stories. Meaning if the max sentence a person can face is life in prison, under these codes they will receive life in prison even if they have already served time for prior convictions. One of the reasons Mississippi has such high levels of incarceration is due to its habitual offender laws. In 2020, prisoners were provided little to no healthcare resources during the height of the pandemic. More than half the women in our Mississippi prisons are serving sentences for drugs or other non-violent crimes. I'm a wife and stay-at-home mom and a proud Mississippi girl. She told him on the phone that she wanted to buy $200 worth of cocaine. Send tips to. His communications director, Rob Pillow, at press time, has not replied to Wednesday, Feb. 9, and Thursday, Feb. 10, emails for comments on this story. This is important for habitual drug offenders. We've received your submission. Mississippians are currently paying $360,000,000 a year to operate our prisons. 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. They can never give me back what they took from me, never, she said. 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. 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. Correction: An earlier version of this story said that a FWD.us study found that Mississippi will save at least $584 million with a low parole grant rate or as much as $988 million a year with a moderate parole grant rate' by adopting the parole eligibility reform. Mississippi has the second highest imprisonment rate in the country, and this habitual sentencing law is a big part of the problem. Guest charged Hollins as an habitual offender, which attracts enhanced punishment under both Mississippi Code 99-19-81 for being convicted for a felony twice before and under Mississippi Code 4129147 for a subsequent drug offense. When Tameka Drummer celebrates her 47th birthday inside Rankin Countys Central Mississippi Correctional Facility in three days, she will be no closer to leaving prison than she was on her 37th birthday. The #msleg addressed ur issue and sent you a bill you could sign, he wrote. One of the reasons Mississippi has such high levels of incarceration is due to its habitual offender laws. That means there will be a forum in which evidence supporting and contesting release will be considered. The technical storage or access that is used exclusively for statistical purposes. The Mississippi Free Press is a project of the Mississippi Journalism and Education Group, a 501(c)(3) nonprofit journalism organization (EIN 85-1403937). But how can MS accomplish this? This story has been shared 223,578 times. 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 as of April 2021. These are laws that require harsher sentencing for perceived 'repeated offenders'. In Mississippi, someone facing a conviction for a second drug offense faces twice the maximum years in prison. 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. Gov. 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. My faith reminds me I'm only saved because of God's grace and mercy. Through our philanthropic efforts, The Botanical Empress is helping shine a spotlight on individuals unjustly incarcerated for non-violent cannabis-related offenses. All Rights Reserved. And there is no time cut off for how far back you can go, she added. Mississippi has some of the highest rates of overcrowding than any other state. These are laws that require harsher sentencing for perceived repeated offenders. The information on this website is for general information purposes only. Like a number of other states, Mississippi has two habitual offender laws, referred to as the "big" and "little" laws. In order to truly combat the harms of the MS prison complex, habitual offender laws must be mitigated. Judkins told the Mississippi Free Press that under Mississippi Code 99-19-81 and 41-29-147, prosecutors can add decades in prison and even life imprisonment. FOCUS: 2022 Elections Housing & Evictions #MSWelfare Scandal Jackson Water Abortion Race & Racism Policing Incarceration. Under Mississippi's habitual-offenders law, Jermaine Mitchell will stay in prison until 2129 for selling $40 crack cocaine in 2009. At the time of Browns conviction, the Mississippi statute did not provide a definition as to what constitutes a violent crime, the petition argues. The new law provides that avenue for leniency by permitting non-violent habitual offenders to petition the sentencing judge for parole eligibility after serving a quarter of their sentence. by declining to reverse a life-without-parole sentence for a Mississippi inmate who was convicted at age 15. will save at least $584 million with a low parole grant rate or as much as $988 million a year with a moderate parole grant rate' by adopting the parole eligibility reform. Even after they become eligible, the State Parole Board must approve their release. Mississippi has one of the most severe habitual offender laws in the nation. We look at who they are, what theyve done, why theyre where they are, what theyre likely to do when they get out. He earned a post-graduate diploma in journalism from the International Institute of Journalism in Abuja, Nigeria, in 2011. Mississippi Code 99-19-81 and Mississippi Code 99-19-83 are the two main ones that lawmakers are trying to adjust. If one of those felonies was violent, however, the big law ensures the person will be sentenced to life without parole. We apologize for this error. Large majorities of lawmakers in both of Mississippis Republican-dominated chambers approved the changes earlier this year. Leading to overcrowded prisons and undue impacts throughout the United States. 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. The estimate refers to a 30-year period, not a single year. Mississippi's habitual offender laws are causing "extreme" prison sentences that are disproportionately affecting African American men and are costing the state millions of dollars for decades of incarceration, according to a new report released Tuesday, Nov. 19, 2019, by a nonprofit . The federal bill received cross-partisan support at the time from, including from then-House Rep. Bernie Sanders, a Vermont independent. This was commonly referred to as good time and was completely distinct from parole. to: judiciary b. by: representative clark. Juan Barnett, Brice Wiggins and Daniel Sparks, as well as Lt. Gov. 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. The third felony doesnt have to be violent for the law to take effect. Advocates have noted this can lead to life sentences for anything from drug charges to shoplifting. I missed out on my childrens lives. Why Are So Many Cannabis Offenders Still In Jail? His only prior convictions were for possession of marijuana, and both of those occurred when he was a teenager. Mississippi Code 97-3-2 listed violent crimes as carjacking, murder, drive-by shooting, shooting into a dwelling and rape. Tate Reeves this afternoon signed a separate criminal justice bill. This resulted in thousands of prisoners and prison staff becoming infected. 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 its ruling in Jones v. Mississippi by declining to reverse a life-without-parole sentence for a Mississippi inmate who was convicted at age 15. 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. Award-winning News Editor Ashton Pittman, a native of the South Mississippi Pine Belt, studied journalism and political science at the University of Southern Mississippi. Hollins anticipated release date from the Mississippi Department of Corrections custody is 2070 when he will be 95 years old. The inmate is sentenced as a habitual 121 offender under Sections 99-19-81 through 99-19-87; 122 2. (a) Habitual offenders. His tentative release date is 2129 at age 148. 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. How Long for CBD Gummies to Work? 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. The new law provides that avenue for leniency by permitting non-violent habitual offenders to petition the sentencing judge for parole eligibility after serving a quarter of their sentence. We at Fwd.us are absolutely thrilled that legislators are recognizing this as an issue and are working to address it.. It also allows people convicted of armed robbery to become eligible for a parole hearing after serving 60% of their sentences. mississippi legislature. Research shows us that violent crime has fallen faster in states that have reduced imprisonment over the past decade than in states that have increased their rates of imprisonment.
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