Miss. Code Ann. § 47-7-1 Probation and Parole Law.
This chaptershall be known as the “Probation and Parole Law.”
MCA Chapter 7
MCA Chapter 7
in effectMiss. Code Ann. § 47-7-2 Definitions.
For purposesof this chapter, the following words shall have the meaning ascribedherein unless the context shall otherwise require:
“Adult”means a person who is seventeen (17) years of age or older, or anyperson convicted of any crime not subject to the provisions of theyouth court law, or any person “certified” to be triedas an adult by any youth court in the state.
“Board”means the State Parole Board.
“Parolecase plan” means an individualized, written accountabilityand behavior change strategy developed by the department in collaborationwith the parole board to prepare offenders for release on parole atthe parole eligibility date. The case plan shall focus on the offender’scriminal risk factors that, if addressed, reduce the likelihood ofreoffending.
“Commissioner”means the Commissioner of Corrections.
“Correctionalsystem” means the facilities, institutions, programs and personnelof the department utilized for adult offenders who are committed tothe custody of the department.
“Criminalrisk factors” means characteristics that increase a person’slikelihood of reoffending. These characteristics include: antisocialbehavior; antisocial personality; criminal thinking; criminal associates;dysfunctional family; low levels of employment or education; pooruse of leisure and recreation; and substance abuse.
“Department”means the Mississippi Department of Corrections.
“Detention”means the temporary care of juveniles and adults who require securecustody for their own or the community’s protection in a physicallyrestricting facility prior to adjudication, or retention in a physicallyrestricting facility upon being taken into custody after an allegedparole or probation violation.
“Dischargeplan” means an individualized written document that providesinformation to support the offender in meeting the basic needs identifiedin the pre-release assessment. This information shall include, butis not limited to: contact names, phone numbers, and addresses ofreferrals and resources.
“Evidence-basedpractices” means supervision policies, procedures, and practicesthat scientific research demonstrates reduce recidivism.
“Facility”or “institution” means any facility for the custody,care, treatment and study of offenders which is under the supervisionand control of the department.
“Juvenile,”“minor” or “youthful” means a person lessthan seventeen (17) years of age.
“Offender”means any person convicted of a crime or offense under the laws andordinances of the state and its political subdivisions.
“Pre-releaseassessment” means a determination of an offender’s abilityto attend to basic needs, including, but not limited to, transportation,clothing and food, financial resources, personal identification documents,housing, employment, education, and health care, following release.
“Specialmeetings” means those meetings called by the chairman withat least twenty-four (24) hours’ notice or a unanimous waiverof notice.
“Supervisionplan” means a plan developed by the community corrections departmentto manage offenders on probation and parole in a way that reducesthe likelihood they will commit a new criminal offense or violatethe terms of supervision and that increases the likelihood of obtainingstable housing, employment and skills necessary to sustain positiveconduct.
“Technicalviolation” means an act or omission by the probationer thatviolates a condition or conditions of probation placed on the probationerby the court or the probation officer.
“Transitionalreentry center” means a state-operated or state-contractedfacility used to house offenders leaving the physical custody of theDepartment of Corrections on parole, probation or post-release supervisionwho are in need of temporary housing and services that reduce theirrisk to reoffend.
“Unitof local government” means a county, city, town, village orother general purpose political subdivision of the state.
“Riskand needs assessment” means the determination of a person’srisk to reoffend using an actuarial assessment tool validated on Mississippicorrections populations and the needs that, when addressed, reducethe risk to reoffend.
Miss. Code Ann. § 47-7-3 Parole of prisoners; conditions for eligibility; determination of tentative hearing date.
Every prisonerwho has been convicted of any offense against the State of Mississippi,and is confined in the execution of a judgment of such convictionin the Mississippi Department of Corrections for a definite term orterms of one (1) year or over, or for the term of his or her naturallife, whose record of conduct shows that such prisoner has observedthe 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 wassentenced, 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 ofsuch prisoner, has served not less than ten (10) years of such lifesentence, may be released on parole as hereinafter provided, exceptthat: No prisoner convictedas a confirmed and habitual criminal under the provisions of Sections 99-19-81 through 99-19-87 shall be eligiblefor parole; Any person whoshall have been convicted of a sex crime shall not be released onparole except for a person under the age of nineteen (19) who hasbeen convicted under Section 97-3-67; No person shallbe eligible for parole who shall, on or after January 1, 1977, beconvicted of robbery or attempted robbery through the display of afirearm until he shall have served ten (10) years if sentenced toa term or terms of more than ten (10) years or if sentenced for theterm of the natural life of such person. If such person is sentencedto a term or terms of ten (10) years or less, then such person shallnot be eligible for parole. The provisions of this paragraph (c)(i)shall also apply to any person who shall commit robbery or attemptedrobbery on or after July 1, 1982, through the display of a deadlyweapon. This paragraph (c)(i) shall not apply to persons convictedafter September 30, 1994; No person shallbe eligible for parole who shall, on or after October 1, 1994, beconvicted of robbery, attempted robbery or carjacking as providedin Section 97-3-115 et seq.,through the display of a firearm or drive-by shooting as providedin Section 97-3-109. The provisionsof this paragraph (c)(ii) shall also apply to any person who shallcommit robbery, attempted robbery, carjacking or a drive-by shootingon or after October 1, 1994, through the display of a deadly weapon.This paragraph (c)(ii) shall not apply to persons convicted afterJuly 1, 2014; No person shallbe eligible for parole who, on or after July 1, 1994, is charged,tried, convicted and sentenced to life imprisonment without eligibilityfor parole under the provisions of Section 99-19-101; No person shallbe eligible for parole who is charged, tried, convicted and sentencedto life imprisonment under the provisions of Section 99-19-101; No person shallbe eligible for parole who is convicted or whose suspended sentenceis revoked after June 30, 1995, except that an offender convictedof only nonviolent crimes after June 30, 1995, may be eligible forparole if the offender meets the requirements in subsection (1) andthis paragraph. In addition to other requirements, if an offenderis convicted of a drug or driving under the influence felony, theoffender must complete a drug and alcohol rehabilitation program priorto parole or the offender may be required to complete a post-releasedrug and alcohol program as a condition of parole. For purposes ofthis paragraph, “nonviolent crime” means a felony otherthan homicide, robbery, manslaughter, sex crimes, arson, burglaryof an occupied dwelling, aggravated assault, kidnapping, feloniousabuse of vulnerable adults, felonies with enhanced penalties, except enhanced penalties for the crime of possessionof a controlled substance under Section 41-29-147, the sale or manufacture of a controlled substance under the UniformControlled Substances Law, felony child abuse, or exploitation orany crime under Section 97-5-33 or Section 97-5-39(2) or 97-5-39(1)(b), 97-5-39(1)(c) or a violationof Section 63-11-30(5). In addition,an offender incarcerated for committing the crime of possession ofa controlled substance under the Uniform Controlled Substances Lawafter July 1, 1995, including an offenderwho receives an enhanced penalty under the provisions of Section 41-29-147 for suchpossession, shall be eligible for parole. An offenderincarcerated for committing the crime of sale or manufacture of acontrolled substance shall be eligible for parole after serving one-fourth(1/4) of the sentence imposed by the trial court. This paragraph (f)shall not apply to persons convicted on or after July 1, 2014; 1. The inmate issentenced as a habitual offender under Sections 99-19-81 through 99-19-87; 2. The inmate issentenced for a crime of violence under Section 97-3-2; 3. The inmate issentenced for an offense that specifically prohibits parole release; 4. The inmate issentenced for trafficking in controlled substances under Section 41-29-139(f); 5. The inmate issentenced for a sex crime; or 6. The inmate hasnot served one-fourth (1/4) of the sentence imposed by the court. No person who,on or after July 1, 2014, is convicted of a crime of violence pursuantto Section 97-3-2, a sex crimeor an offense that specifically prohibits parole release, shall beeligible for parole. All persons convicted of any other offense onor after July 1, 2014, are eligible for parole after they have servedone-fourth (1/4) of the sentence or sentences imposed by the trialcourt. Notwithstandingthe provisions in subparagraph (i) of this paragraph (g), a personserving a sentence who has reached the age of sixty (60) or olderand who has served no less than ten (10) years of the sentence orsentences imposed by the trial court shall be eligible for parole.Any person eligible for parole under this subsection shall be requiredto have a parole hearing before the board prior to parole release.No inmate shall be eligible for parole under this paragraph of thissubsection if: Notwithstandingthe provisions of paragraph (a) of this subsection, any offender who has not committed a crimeof violence under Section 97-3-2 and has servedtwenty-five percent (25%) or more of his sentence may be paroled bythe parole board if, after the sentencing judge or if the sentencingjudge is retired, disabled or incapacitated, the senior circuit judgeauthorizes the offender to be eligible for parole consideration; Notwithstanding any other provision oflaw, an inmate who has not been convicted as a habitual offender under Sections 99-19-81 through 99-19-87, has not been convictedof committing a crime of violence, as defined under Section 97-3-2, has not beenconvicted of a sex crime or any other crime that specifically prohibitsparole release, and has not been convicted of drug trafficking under Section 41-29-139 is eligiblefor parole if the inmate has served twenty-five percent (25%) or moreof his or her sentence, but is otherwise ineligible for parole. Notwithstandingany other provision of law, an inmate shall not be eligible to receiveearned time, good time or any other administrative reduction of timewhich shall reduce the time necessary to be served for parole eligibilityas provided in subsection (1) of this section. The State ParoleBoard shall, by rules and regulations, establish a method of determininga tentative parole hearing date for each eligible offender taken intothe custody of the Department of Corrections. The tentative parolehearing date shall be determined within ninety (90) days after thedepartment has assumed custody of the offender. The parole hearingdate shall occur when the offender is within thirty (30) days of themonth of his parole eligibility date. The parole eligibility dateshall not be earlier than one-fourth (1/4) of the prison sentenceor sentences imposed by the court. Any inmate withintwenty-four (24) months of his parole eligibility date and who meetsthe criteria established by the classification board shall receivepriority for placement in any educational development and job trainingprograms that are part of his or her parole case plan. Any inmaterefusing to participate in an educational development or job trainingprogram that is part of the case plan may be in jeopardy of noncompliancewith the case plan and may be denied parole.
Miss. Code Ann. § 47-7-3.1 1. Case plan for parole-eligible inmates; purpose; components.
In consultationwith the Parole Board, the department shall develop a case plan forall parole eligible inmates to guide an inmate’s rehabilitationwhile in the department’s custody and to reduce the likelihoodof recidivism after release. Within ninety(90) days of admission, the department shall complete a case planon all inmates which shall include, but not limited to: Programming andtreatment requirements based on the results of a risk and needs assessment; Any programmingor treatment requirements contained in the sentencing order; and General behaviorrequirements in accordance with the rules and policies of the department. The departmentshall provide the inmate with a written copy of the case plan andthe inmate’s caseworker shall explain the conditions set forthin the case plan. Within ninety(90) days of admission, the caseworker shall notify the inmate oftheir parole eligibility date as calculated in accordance with Section 47-7-3(3); At the time aparole-eligible inmate receives the case plan, the department shallsend the case plan to the Parole Board for approval. The departmentshall ensure that the case plan is achievable prior to inmate’sparole eligibility date. The caseworkershall meet with the inmate every eight (8) weeks from the date theoffender received the case plan to review the inmate’s caseplan progress. Every four (4)months the department shall electronically submit a progress reporton each parole-eligible inmate’s case plan to the Parole Board.The board may meet to review an inmate’s case plan and mayprovide written input to the caseworker on the inmate’s progresstoward completion of the case plan. The Parole Boardshall provide semiannually to the Oversight Task Force the numberof parole hearings held, the number of prisoners released to parolewithout a hearing and the number of parolees released after a hearing.
Miss. Code Ann. § 47-7-3.2 2. Minimum time offenders convicted of crime of violence must serve before release; minimum percentage of other sentences offenders must serve before release.
Notwithstanding Sections 47-5-138, 47-5-139, 47-5-138.1 or 47-5-142, no person convictedof a criminal offense on or after July 1, 2014, shall be releasedby the department until he or she has served no less than fifty percent(50%) of a sentence for a crime of violence pursuant to Section 97-3-2 or twenty-fivepercent (25%) of any other sentence imposed by the court. This sectionshall not apply to: Offenders sentencedto life imprisonment; Offenders convictedas habitual offenders pursuant to Sections 99-19-81 through 99-19-87; Offenders servinga sentence for a sex offense; or Offenders servinga sentence for trafficking pursuant to Section 41-29-139(f).
Miss. Code Ann. § 47-7-4 Conditional medical release of prisoners; criteria; supervision; revocation.
The commissionerand the medical director of the department may place an offender whohas served not less than one (1) year of his or her sentence, exceptan offender convicted of a sex crime, on conditional medical release.However, a nonviolent offender who is bedridden may be placed on conditionalmedical release regardless of the time served on his or her sentence.Upon the release of a nonviolent offender who is bedridden, the stateshall not be responsible or liable for any medical costs that maybe incurred if such costs are acquired after the offender is no longerincarcerated due to his or her placement on conditional medical release.The commissioner shall not place an offender on conditional medicalrelease unless the medical director of the department certifies tothe commissioner that (a) the offender is suffering from a significantpermanent physical medical condition with no possibility of recovery;(b) that his or her further incarceration will serve no rehabilitativepurposes; and (c) that the state would incur unreasonable expensesas a result of his or her continued incarceration. Any offender placedon conditional medical release shall be supervised by the Divisionof Community Corrections of the department for the remainder of hisor her sentence. An offender’s conditional medical releasemay be revoked and the offender returned and placed in actual custodyof the department if the offender violates an order or condition ofhis or her conditional medical release. An offender who is no longerbedridden shall be returned and placed in the actual custody of thedepartment.
Miss. Code Ann. § 47-7-5 State Parole Board created; membership; requirements; vacancies; expenses; immunity; budget; responsibilities to offenders; electronic monitoring program; central registry of paroled inmates; minimum vote required to grant parole to inmate convicted of capital murder or sex crime [Repealed effective July 1, 2022].
The State ParoleBoard, created under former Section 47-7-5, is herebycreated, continued and reconstituted and shall be composed of five(5) members. The Governor shall appoint the members with the adviceand consent of the Senate. All terms shall be at the will and pleasureof the Governor. Any vacancy shall be filled by the Governor, withthe advice and consent of the Senate. The Governor shall appoint achairman of the board. Any person whois appointed to serve on the board shall possess at least a bachelor’sdegree or a high school diploma and four (4) years’ work experience.Each member shall devote his full time to the duties of his officeand shall not engage in any other business or profession or hold anyother public office. A member shall not receive compensation or perdiem in addition to his salary as prohibited under Section 25-3-38. Each membershall keep such hours and workdays as required of full-time stateemployees under Section 25-1-98. Individualsshall be appointed to serve on the board without reference to theirpolitical affiliations. Each board member, including the chairman,may be reimbursed for actual and necessary expenses as authorizedby Section 25-3-41. Each memberof the board shall complete annual training developed based on guidancefrom the National Institute of Corrections, the Association of ParolingAuthorities International, or the American Probation and Parole Association.Each first-time appointee of the board shall, within sixty (60) daysof appointment, or as soon as practical, complete training for first-timeParole Board members developed in consideration of information fromthe National Institute of Corrections, the Association of ParolingAuthorities International, or the American Probation and Parole Association. The board shallhave exclusive responsibility for the granting of parole as providedby Sections 47-7-3 and 47-7-17 and shall have exclusiveauthority for revocation of the same. The board shall have exclusiveresponsibility for investigating clemency recommendations upon requestof the Governor. The board, itsmembers and staff, shall be immune from civil liability for any officialacts taken in good faith and in exercise of the board’s legitimategovernmental authority. The budget ofthe board shall be funded through a separate line item within thegeneral appropriation bill for the support and maintenance of thedepartment. Employees of the department which are employed by or assignedto the board shall work under the guidance and supervision of theboard. There shall be an executive secretary to the board who shallbe responsible for all administrative and general accounting dutiesrelated to the board. The executive secretary shall keep and preserveall records and papers pertaining to the board. The board shallhave no authority or responsibility for supervision of offenders granteda release for any reason, including, but not limited to, probation,parole or executive clemency or other offenders requiring the samethrough interstate compact agreements. The supervision shall be providedexclusively by the staff of the Division of Community Correctionsof the department. The Parole Boardis authorized to select and place offenders in an electronic monitoringprogram under the conditions and criteria imposed by the Parole Board.The conditions, restrictions and requirements of Section 47-7-17 and Sections 47-5-1001 through 47-5-1015 shall apply tothe Parole Board and any offender placed in an electronic monitoringprogram by the Parole Board. Any offenderplaced in an electronic monitoring program under this subsection shallpay the program fee provided in Section 47-5-1013. The programfees shall be deposited in the special fund created in Section 47-5-1007. The departmentshall have absolute immunity from liability for any injury resultingfrom a determination by the Parole Board that an offender be placedin an electronic monitoring program. The Parole Boardshall maintain a central registry of paroled inmates. The Parole Boardshall place the following information on the registry: name, address,photograph, crime for which paroled, the date of the end of paroleor flat-time date and other information deemed necessary. The ParoleBoard shall immediately remove information on a parolee at the endof his parole or flat-time date. When a personis placed on parole, the Parole Board shall inform the parolee ofthe duty to report to the parole officer any change in address ten(10) days before changing address. The Parole Boardshall utilize an Internet website or other electronic means to releaseor publish the information. Records maintainedon the registry shall be open to law enforcement agencies and thepublic and shall be available no later than July 1, 2003. An affirmativevote of at least four (4) members of the Parole Board shall be requiredto grant parole to an inmate convicted of capital murder or a sexcrime. This sectionshall stand repealed on July 1, 2022.
Miss. Code Ann. § 47-7-6 Parole Board to collect certain information and report semiannually to Oversight Task Force.
The Parole Board,with the assistance of the Department of Corrections, shall collectthe following information: The number ofoffenders supervised on parole; The number ofoffenders released on parole; The number ofparole hearings held; The parole grantrate for parolees released with and without a hearing; The average lengthof time offenders spend on parole; The number andpercentage of parolees revoked for a technical violation and returnedfor a term of imprisonment in a technical violation center; The number andpercentage of parolees revoked for a technical violation and returnedfor a term of imprisonment in another type of Department of Corrections’facility; The number andpercentage of parolees who are convicted of a new offense and returnedfor a term of imprisonment on their current crime as well as the newcrime; The number ofparolees held on a violation in county jail awaiting a revocationhearing; and The average lengthof stay in a county jail for parolees awaiting a revocation hearing. The Parole Boardshall semiannually report information required in subsection (1) tothe Oversight Task Force, and upon request, shall report such informationto the PEER Committee.
Miss. Code Ann. § 47-7-7 Repealed.
Repealed by Laws of 1976, ch. 440, § 922, eff from and after July 1, 1976.
[Laws, 1944, ch. 334, § 12; Laws, 1950, ch. 524; § 6; Laws, 1956, ch. 262, § 3; Laws, 1958, ch. 239; Laws, 1960, ch. 274; Laws, 1964, ch. 367; Laws, 1968, ch. 363, § 1; Laws, 1973, ch. 377, § 1]
Miss. Code Ann. § 47-7-9 General powers and duties of personnel of Division of Community Corrections as field supervisors and presentence investigators.
The circuit judgesand county judges in the districts to which Division of CommunityCorrections personnel have been assigned shall have the power to requestof the department transfer or removal of the division personnel fromtheir court. Division personnelshall investigate all cases referred to them for investigation bythe board, the division or by any court in which they are authorizedto serve. They shall furnish to each person released under their supervisiona written statement of the conditions of probation, parole, earned-releasesupervision, post-release supervision or suspension and shall instructthe person regarding the same. They shall administer a risk and needsassessment on each person under their supervision to measure criminalrisk factors and individual needs. They shall use the results of therisk and needs assessment to guide supervision responses consistentwith evidence-based practices as to the level of supervision and thepractices used to reduce recidivism. They shall develop a supervisionplan for each person assessed as moderate to high risk to reoffend.They shall keep informed concerning the conduct and conditions ofpersons under their supervision and use all suitable methods thatare consistent with evidence-based practices to aid and encouragethem and to bring about improvements in their conduct and conditionand to reduce the risk of recidivism. They shall keep detailed recordsof their work and shall make such reports in writing as the courtor the board may require. Division personnelshall complete annual training on evidence-based practices and criminalrisk factors, as well as instructions on how to target these factorsto reduce recidivism. The divisionpersonnel duly assigned to court districts are hereby vested withall the powers of police officers or sheriffs to make arrests or performany other duties required of policemen or sheriffs which may be incidentto the division personnel responsibilities. All probation and paroleofficers hired on or after July 1, 1994, will be placed in the LawEnforcement Officers Training Program and will be required to meetthe standards outlined by that program. It is the intentionof the Legislature that insofar as practicable the case load of eachdivision personnel supervising offenders in the community (hereinafterfield supervisor) shall not exceed the number of cases that may beadequately handled. Division personnelshall be provided to perform investigation for the court as providedin this subsection. Division personnel shall conduct presentence investigationson all persons convicted of a felony in any circuit court of the state,prior to sentencing and at the request of the circuit court judgeof the court of conviction. The presentence evaluation report shallconsist of a complete record of the offender’s criminal history,educational level, employment history, psychological condition andsuch other information as the department or judge may deem necessary.Division personnel shall also prepare written victim impact statementsat the request of the sentencing judge as provided in Section 99-19-157. In order thatoffenders in the custody of the department on July 1, 1976, may benefitfrom the kind of evaluations authorized in this section, an evaluationreport to consist of the information required hereinabove, supplementedby an examination of an offender’s record while in custody,shall be compiled by the division upon all offenders in the custodyof the department on July 1, 1976. After a study of such reports bythe State Parole Board those cases which the board believes wouldmerit some type of executive clemency shall be submitted by the boardto the Governor with its recommendation for the appropriate executiveaction. The departmentis authorized to accept gifts, grants and subsidies to conduct thisactivity.
Miss. Code Ann. § 47-7-11 Salaries, per diem and expenses.
All salariesand expenses incurred in the carrying out of this chapter shall bepaid out of funds appropriated by the legislature for the supportand maintenance of the probation and parole board. All accounts, includingsalaries, shall be approved and allowed by the board, and the boardshall keep a complete record thereof.
Miss. Code Ann. § 47-7-13 Voting and recordkeeping requirements; offices, equipment, and supplies.
A majority ofthe board shall constitute a quorum for the transaction of all business.A decision to parole an offender convicted of murder or a sex-relatedcrime shall require the affirmative vote of three (3) members. Theboard shall maintain, in minute book form, a copy of each of its officialactions with the reasons therefor. Suitable and sufficient officespace and support resources and staff necessary to conducting ParoleBoard business shall be provided by the Department of Corrections.However, the principal place for conducting parole hearings shallbe the state penitentiary at Parchman.
Miss. Code Ann. § 47-7-15 Seal of board; records and reports.
The board shalladopt an official seal of which the courts shall take judicial notice.Decisions of the board shall be made by majority vote.
The board shallkeep a record of its acts and shall notify each institution of itsdecisions relating to the persons who are or have been confined therein.At the close of each fiscal year the board shall submit to the Governorand to the Legislature a report with statistical and other data ofits work.
Miss. Code Ann. § 47-7-17 Examination of offender’s record; eligibility for parole.
Within one (1)year after his admission and at such intervals thereafter as it maydetermine, the board shall secure and consider all pertinent informationregarding each offender, except any under sentence of death or otherwiseineligible for parole, including the circumstances of his offense,his previous social history, his previous criminal record, includingany records of law enforcement agencies or of a youth court regardingthat offender’s juvenile criminal history, his conduct, employmentand attitude while in the custody of the department, the case plancreated to prepare the offender for parole, and the reports of suchphysical and mental examinations as have been made. The board shallfurnish at least three (3) months’ written notice to each suchoffender of the date on which he is eligible for parole.
Before rulingon the application for parole of any offender, the board may requirea parole-eligible offender to have a hearing as required in this chapterbefore the board and to be interviewed. The hearing shall be heldno later than thirty (30) days prior to the month of eligibility.No application for parole of a person convicted of a capital offenseshall be considered by the board unless and until notice of the filingof such application shall have been published at least once a weekfor two (2) weeks in a newspaper published in or having general circulationin the county in which the crime was committed.The board shall,within thirty (30) days prior to the scheduled hearing, also givenotice of the filing of the application for parole to the victim ofthe offense for which the prisoner is incarcerated and being consideredfor parole or, in case the offense be homicide, a designee of theimmediate family of the victim, provided the victim or designatedfamily member has furnished in writing a current address to the boardfor such purpose. Parole release shall, at the hearing, be orderedonly for the best interest of society, not as an award of clemency;it shall not be considered to be a reduction of sentence or pardon. An offender shall be placed on parole only when arrangements havebeen made for his proper employment or for his maintenance and care,and when the board believes that he is able and willing to fulfillthe obligations of a law-abiding citizen.When the board determinesthat the offender will need transitional housing upon release in orderto improve the likelihood of him or her becoming a law-abiding citizen,the board may parole the offender with the condition that the inmatespends no more than six (6) months in a transitional reentry center.At least fifteen (15) days prior to the release of an offender onparole, the director of records of the department shall give the writtennotice which is required pursuant to Section 47-5-177.Everyoffender while on parole shall remain in the legal custody of thedepartment from which he was released and shall be amenable to theorders of the board. Upon determination by the board that an offenderis eligible for release by parole, notice shall also be given withinat least fifteen (15) days before release, by the board to the victimof the offense or the victim’s family member, as indicatedabove, regarding the date when the offender’s release shalloccur, provided a current address of the victim or the victim’sfamily member has been furnished in writing to the board for suchpurpose.
Failure to providenotice to the victim or the victim’s family member of the filingof the application for parole or of any decision made by the boardregarding parole shall not constitute grounds for vacating an otherwiselawful parole determination nor shall it create any right or liability,civilly or criminally, against the board or any member thereof.
A letter of protestagainst granting an offender parole shall not be treated as the conclusiveand only reason for not granting parole.
The board mayadopt such other rules not inconsistent with law as it may deem properor necessary with respect to the eligibility of offenders for parole,the conduct of parole hearings, or conditions to be imposed upon parolees,including a condition that the parolee submit, as provided in Section 47-5-601 to any typeof breath, saliva or urine chemical analysis test, the purpose ofwhich is to detect the possible presence of alcohol or a substanceprohibited or controlled by any law of the State of Mississippi orthe United States. The board shall have the authority to adopt rulesrelated to the placement of certain offenders on unsupervised paroleand for the operation of transitional reentry centers. However, inno case shall an offender be placed on unsupervised parole beforehe has served a minimum of fifty percent (50%) of the period of supervisedparole.
Miss. Code Ann. § 47-7-18 Conditions for release of parole-eligible inmates without hearing; hearing required under certain circumstances.
Each inmate eligiblefor parole pursuant to Section 47-7-3, shall bereleased from incarceration to parole supervision on the inmate’sparole eligibility date, without a hearing before the board, if: The inmate hasmet the requirements of the parole case plan established pursuantto Section47-7-3.1; A victim of theoffense has not requested the board conduct a hearing; The inmate hasnot received a serious or major violation report within the past six(6) months; The inmate hasagreed to the conditions of supervision; and The inmate hasa discharge plan approved by the board. At least thirty(30) days prior to an inmate’s parole eligibility date, thedepartment shall notify the board in writing of the inmate’scompliance or noncompliance with the case plan. If an inmate failsto meet a requirement of the case plan, prior to the parole eligibilitydate, he or she shall have a hearing before the board to determineif completion of the case plan can occur while in the community. Any inmate forwhom there is insufficient information for the department to determinecompliance with the case plan shall have a hearing with the board. A hearing shallbe held with the board if requested by the victim following notificationof the inmate’s parole release date pursuant to Section 47-7-17. A hearing shallbe held by the board if a law enforcement official from the communityto which the inmate will return contacts the board or the departmentand requests a hearing to consider information relevant to publicsafety risks posed by the inmate if paroled at the initial paroleeligibility date. The law enforcement official shall submit an explanationdocumenting these concerns for the board to consider. If a parole hearingis held, the board may determine the inmate has sufficiently compliedwith the case plan or that the incomplete case plan is not the faultof the inmate and that granting parole is not incompatible with publicsafety, the board may then parole the inmate with appropriate conditions.If the board determines that the inmate has sufficiently compliedwith the case plan but the discharge plan indicates that the inmatedoes not have appropriate housing immediately upon release, the boardmay parole the inmate to a transitional reentry center with the conditionthat the inmate spends no more than six (6) months in the center.If the board determines that the inmate has not substantively compliedwith the requirement(s) of the case plan it may deny parole. If theboard denies parole, the board may schedule a subsequent parole hearingand, if a new date is scheduled, the board shall identify the correctiveaction the inmate will need to take in order to be granted parole.Any inmate not released at the time of the inmate’s initialparole date shall have a parole hearing at least every year.
Miss. Code Ann. § 47-7-19 Correctional system officials to permit access to offenders and to give information to board.
It shall be theduty of all correctional system officials to grant to the membersof the board or its properly accredited representatives, access atall reasonable times to any person over whom the board may have jurisdictionunder this chapter; to provide for the board or such representativesfacilities for communicating with and observing the offender; andto furnish to the board such reports as the board shall require concerningthe conduct and character of any offender in the department of correctionscustody and any other facts deemed by the board pertinent in determiningwhether such offender shall be paroled.
It shall be theduty of any judge, district attorney, county attorney, police officer,or other public official of the state, having information with referenceto any person eligible for parole, to send such information as maybe in his possession or under his control to the board, in writing,upon request of any member or employee thereof.
Miss. Code Ann. § 47-7-21 Privileged information.
All informationobtained in the discharge of official duty by a field officer as anemployee of the Department of Corrections shall be privileged andshall not be disclosed directly or indirectly to anyone other thanto (a) the State Parole Board, (b) a judge, or (c) law enforcementagencies when such information is relevant to criminal activity.
Miss. Code Ann. § 47-7-23 Rules and regulations.
Except as otherwiseprovided by law, the Department of Corrections shall have the powerand duty to make rules for the conduct of persons heretofore or hereafterplaced on parole under the supervision of the Department of Correctionsand for the investigation and supervision of such persons, which supervisionmay include a condition that such persons submit, as provided in Section 47-5-601, to anytype of breath, saliva or urine chemical analysis test, the purposeof which is to detect the possible presence of alcohol or a substanceprohibited or controlled by any law of the State of Mississippi orthe United States. The department shall not make any rules which shallbe inconsistent with the rules imposed by the State Parole Board pursuantto Section 47-7-17 on offenderswho are placed on unsupervised parole.
Miss. Code Ann. § 47-7-25 Gratuities to paroled offender.
When an offenderis placed on parole he shall receive, if needed, from the state, civilianclothing and transportation to the place in which he is to reside.At the discretion of the board the offender may be advanced such sumfor his temporary maintenance as the board may allow. The aforesaidgratuities are to be furnished by the commissioner of correctionswho is authorized to charge the actual cost of same in his accountas commissioner of corrections.
Miss. Code Ann. § 47-7-27 Return of violator of parole or earned release supervision; arrest of offender; hearing; revocation of parole; imprisonment for technical violation to be served in technical violation center.
The board may,at any time and upon a showing of probable violation of parole, issuea warrant for the return of any paroled offender to the custody ofthe department. The warrant shall authorize all persons named thereinto return the paroled offender to actual custody of the departmentfrom which he was paroled. Any field supervisormay arrest an offender without a warrant or may deputize any otherperson with power of arrest by giving him a written statement settingforth that the offender has, in the judgment of that field supervisor,violated the conditions of his parole or earned-release supervision.The written statement delivered with the offender by the arrestingofficer to the official in charge of the department facility fromwhich the offender was released or other place of detention designatedby the department shall be sufficient warrant for the detention ofthe offender. The field supervisor,after making an arrest, shall present to the detaining authoritiesa similar statement of the circumstances of violation. The field supervisorshall at once notify the board or department of the arrest and detentionof the offender and shall submit a written report showing in whatmanner the offender has violated the conditions of parole or earned-releasesupervision. An offender for whose return a warrant has been issuedby the board shall, after the issuance of the warrant, be deemed afugitive from justice. Whenever an offenderis arrested on a warrant for an alleged violation of parole as hereinprovided, the board shall hold an informal preliminary hearing withinseventy-two (72) hours to determine whether there is reasonable causeto believe the person has violated a condition of parole. A preliminaryhearing shall not be required when the offender is not under arreston a warrant or the offender signed a waiver of a preliminary hearing.The preliminary hearing may be conducted electronically. The right ofthe State of Mississippi to extradite persons and return fugitivesfrom justice, from other states to this state, shall not be impairedby this chapter and shall remain in full force and effect. An offenderconvicted of a felony committed while on parole, whether in the Stateof Mississippi or another state, shall immediately have his parolerevoked upon presentment of a certified copy of the commitment orderto the board. If an offender is on parole and the offender is convictedof a felony for a crime committed prior to the offender being placedon parole, whether in the State of Mississippi or another state, theoffender may have his parole revoked upon presentment of a certifiedcopy of the commitment order to the board. The board shallhold a hearing for any parolee who is detained as a result of a warrantor a violation report within twenty-one (21) days of the parolee’sadmission to detention. The board may, in its discretion, terminatethe parole or modify the terms and conditions thereof. If the boardrevokes parole for one or more technical violations theboard shall impose a period of imprisonment to be served in a technicalviolation center operated by the department not to exceed ninety (90)days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation. For the third revocation, the board may impose a periodof imprisonment to be served in a technical violation center for upto one hundred and eighty (180) days or the board may impose the remainderof the suspended portion of the sentence. For the fourth and any subsequent revocation, the board may impose upto the remainder of the suspended portion of the sentence. The periodof imprisonment in a technical violation center imposed under thissection shall not be reduced in any manner. If the boarddoes not hold a hearing or does not take action on the violation withinthe twenty-one-day time frame in paragraph (a) of this subsection,the parolee shall be released from detention and shall return to parolestatus. The board may subsequently hold a hearing and may revoke paroleor may continue parole and modify the terms and conditions of parole.If the board revokes parole for one ormore technical violations the board shall impose a period of imprisonment tobe served in a technical violation center operated by the departmentnot to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120)days for the second revocation. For the third revocation, the board may impose a period of imprisonment to be served in atechnical violation center for up to one hundred eighty (180) daysor the board may impose the remainder of the suspended portion ofthe sentence. For the fourth and any subsequent revocation, the board may impose upto the remainder of the suspended portion of the sentence. The periodof imprisonment in a technical violation center imposed under thissection shall not be reduced in any manner. For a paroleecharged with one or more technical violations whohas not been detained awaiting the revocation hearing, the board mayhold a hearing within a reasonable time. The board may revoke paroleor may continue parole and modify the terms and conditions of parole.If the board revokes parole for one ormore technical violations the board shall impose a period of imprisonment tobe served in a technical violation center operated by the departmentnot to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120)days for the second revocation. For the third revocation, the board may impose a period of imprisonment to be served in atechnical violation center for up to one hundred eighty (180) daysor the board may impose the remainder of the suspended portion ofthe sentence. For the fourth and any subsequent revocation, the board may impose upto the remainder of the suspended portion of the sentence. The periodof imprisonment in a technical violation center imposed under thissection shall not be reduced in any manner. Unless good causefor the delay is established in the record of the proceeding, theparole revocation charge shall be dismissed if the revocation hearingis not held within the thirty (30) days of the issuance of the warrant. The chairmanand each member of the board and the designated parole revocationhearing officer may, in the discharge of their duties, administeroaths, summon and examine witnesses, and take other steps as may benecessary to ascertain the truth of any matter about which they havethe right to inquire. The board shallprovide semiannually to the Oversight Task Force the number of warrantsissued for an alleged violation of parole, the average time betweendetention on a warrant and preliminary hearing, the average time betweendetention on a warrant and revocation hearing, the number of ninety-daysentences in a technical violation center issued by the board, thenumber of one-hundred-twenty-day sentences in a technical violationcenter issued by the board, the number of one-hundred-eighty-day sentencesissued by the board, and the number and average length of the suspendedsentences imposed by the board in response to a violation.
Miss. Code Ann. § 47-7-29 Effect of conviction of felony while on parole or earned-release supervision.
Any prisonerwho commits a felony while at large upon parole or earned-releasesupervision and who is convicted and sentenced therefor shall be requiredto serve such sentence after the original sentence has been completed.
Miss. Code Ann. § 47-7-31 Department of correction to investigate pardon and commutation of sentence cases upon request.
Upon requestof the governor the department of corrections shall investigate andreport to him with respect to any case of pardon, commutation of sentence,reprieve, furlough or remission of fine or forfeiture.
Any attorneyof record in the state of Mississippi representing any person whoserecord is before the department shall have the right to inspect suchrecords on file with the department.
Miss. Code Ann. § 47-7-33 Power of court to suspend sentence and place defendant on probation; notice to Department of Corrections; support payments.
When it appearsto the satisfaction of any circuit court or county court in the Stateof Mississippi having original jurisdiction over criminal actions,or to the judge thereof, that the ends of justice and the best interestof the public, as well as the defendant, will be served thereby, suchcourt, in termtime or in vacation, shall have the power, after convictionor a plea of guilty, except in a case where a death sentence or lifeimprisonment is the maximum penalty which may be imposed, to suspendthe imposition or execution of sentence, and place the defendant onprobation as herein provided, except that the court shall not suspendthe execution of a sentence of imprisonment after the defendant shallhave begun to serve such sentence. In placing any defendant on probation,the court, or judge, shall direct that such defendant be under thesupervision of the Department of Corrections. When any circuitor county court places an offender on probation, the court shall givenotice to the Mississippi Department of Corrections within fifteen(15) days of the court’s decision to place the offender onprobation. Notice shall be delivered to the central office of theMississippi Department of Corrections and to the regional office ofthe department which will be providing supervision to the offenderon probation. When any circuitcourt or county court places a person on probation in accordance withthe provisions of this section and that person is ordered to makeany payments to his family, if any member of his family whom he isordered to support is receiving public assistance through the StateDepartment of Human Services, the court shall order him to make suchpayments to the county welfare officer of the county rendering publicassistance to his family, for the sole use and benefit of said family.
Miss. Code Ann. § 47-7-33.1 1. Pre-release assessment and written discharge plan.
The departmentshall create a discharge plan for any offender returning to the community,regardless of whether the person will discharge from the custody ofthe department, or is released on parole, pardon, or otherwise. Atleast ninety (90) days prior to an offender’s earliest releasedate, the commissioner shall conduct a pre-release assessment andcomplete a written discharge plan based on the assessment results.The discharge plan for parole eligible offenders shall be sent tothe parole board at least thirty (30) days prior to the offender’sparole eligibility date for approval. The board may suggest changesto the plan that it deems necessary to ensure a successful transition. The pre-releaseassessment shall identify whether an inmate requires assistance obtainingthe following basic needs upon release: transportation, clothing andfood, financial resources, identification documents, housing, employment,education, health care and support systems. The discharge plan shallinclude information necessary to address these needs and the stepsbeing taken by the department to assist in this process. Based onthe findings of the assessment, the commissioner shall: Arrange transportationfor inmates from the correctional facility to their release destination; Ensure inmateshave clean, seasonally appropriate clothing, and provide inmates witha list of food providers and other basic resources immediately accessibleupon release; Ensure inmateshave a driver’s license or a state-issued identification cardthat is not a Department of Corrections identification card; Assist inmatesin identifying safe, affordable housing upon release. If accommodationsare not available, determine whether temporary housing is availablefor at least ten (10) days after release. If temporary housing isnot available, the discharge plan shall reflect that satisfactoryhousing has not been established and the person may be a candidatefor transitional reentry center placement; Refer inmateswithout secured employment to employment opportunities; Provide inmateswith contact information of a health care facility/provider in thecommunity in which they plan to reside; Notify familymembers of the release date and release plan, if inmate agrees; and Refer inmatesto a community or a faith-based organization that can offer supportwithin the first twenty-four (24) hours of release; A written dischargeplan shall be provided to the offender and supervising probation officeror parole officer, if applicable. A discharge plancreated for a parole-eligible offender shall also include supervisionconditions and the intensity of supervision based on the assessedrisk to recidivate and whether there is a need for transitional housing.The board shall approve discharge plans before an offender is releasedon parole pursuant to this chapter.
Miss. Code Ann. § 47-7-34 Postrelease supervision program.
When a courtimposes a sentence upon a conviction for any felony committed afterJune 30, 1995, the court, in addition to any other punishment imposedif the other punishment includes a term of incarceration in a stateor local correctional facility, may impose a term of post-releasesupervision. However, the total number of years of incarceration plusthe total number of years of post-release supervision shall not exceedthe maximum sentence authorized to be imposed by law for the felonycommitted. The defendant shall be placed under post-release supervisionupon release from the term of incarceration. The period of supervisionshall be established by the court. The period ofpost-release supervision shall be conducted in the same manner asa like period of supervised probation, including a requirement thatthe defendant shall abide by any terms and conditions as the courtmay establish. Failure to successfully abide by the terms and conditionsshall be grounds to terminate the period of post-release supervisionand to recommit the defendant to the correctional facility from whichhe was previously released. Procedures for termination and recommitmentshall be conducted in the same manner as procedures for the revocationof probation and imposition of a suspended sentence as required pursuantto Section 47-7-37. Post-releasesupervision programs shall be operated through the probation and paroleunit of the Division of Community Corrections of the department. Themaximum amount of time that the Mississippi Department of Correctionsmay supervise an offender on the post-release supervision programis five (5) years.
Miss. Code Ann. § 47-7-35 Terms and conditions of probation; court to determine; sex offender registry check required prior to placing offender on probation.
The courts referredto in Section 47-7-33 or 47-7-34 shall determine theterms and conditions of probation or post-release supervision andmay alter or modify, at any time during the period of probation orpost-release supervision, the conditions and may include among themthe following or any other: That the offendershall: Commit no offenseagainst the laws of this or any other state of the United States,or of any federal, territorial or tribal jurisdiction of the UnitedStates; Avoid injuriousor vicious habits; Avoid personsor places of disreputable or harmful character; Report to theprobation and parole officer as directed; Permit the probationand parole officer to visit him at home or elsewhere; Work faithfullyat suitable employment so far as possible; Remain withina specified area; Pay his finein one (1) or several sums; Support his dependents; Submit, as providedin Section 47-5-601, to anytype of breath, saliva or urine chemical analysis test, the purposeof which is to detect the possible presence of alcohol or a substanceprohibited or controlled by any law of the State of Mississippi orthe United States; Register as asex offender if so required under Title 45, Chapter 33. When any courtplaces a defendant on misdemeanor probation, the court must causeto be conducted a search of the probationer’s name or otheridentifying information against the registration information regardingsex offenders maintained under Title 45, Chapter 33. The search maybe conducted using the Internet site maintained by the Departmentof Public Safety Sex Offender Registry.
Miss. Code Ann. § 47-7-36 Persons who supervise individuals placed on parole or probation shall set times and locations for required meetings that reasonably accommodate the work schedules of those individuals.
Any person whosupervisesan individual placed on parole by the Parole Board orplaced on probationby the court shall set the times and locationsfor meetings that arerequired for parole or probation at such timesand locations thatare reasonably designed to accommodate the workschedule of an individualon parole or probation who is employedby another person or entity.To effectuate the provisions of thissection, the parole officer orprobation officer may utilize technologyportals such as Skype, FaceTimeor Google video chat, or any othertechnology portal that allows communicationbetween the individualon parole or probation and the parole or probationofficer, as applicable,to occur simultaneously in real time by voiceand video in lieu ofrequiring a face-to-face in person meeting ofsuch individual andthe parole or probation officer, as applicable.For individuals whoare self-employed, the provisions of this sectionshall only applywith the agreement of their supervising parole orprobation officer.
Miss. Code Ann. § 47-7-37 Period of probation; arrest, revocation and recommitment for violation of probation or postrelease supervision; hearing; revocation of probation for technical violation; imprisonment in technical violation center; certain restrictions on imposition of bail for persons required to register as sex offender.
The period ofprobation shall be fixed by the court, and may at any time be extendedor terminated by the court, or judge in vacation. Such period withany extension thereof shall not exceed five (5) years, except thatin cases of desertion and/or failure to support minor children, theperiod of probation may be fixed and/or extended by the court forso long as the duty to support such minor children exists. The timeserved on probation or post-release supervision may be reduced pursuantto Section 47-7-40. At any time duringthe period of probation, the court, or judge in vacation, may issuea warrant for violating any of the conditions of probation or suspensionof sentence and cause the probationer to be arrested. Any probationand parole officer may arrest a probationer without a warrant, ormay deputize any other officer with power of arrest to do so by givinghim a written statement setting forth that the probationer has, inthe judgment of the probation and parole officer, violated the conditionsof probation. Such written statement delivered with the probationerby the arresting officer to the official in charge of a county jailor other place of detention shall be sufficient warrant for the detentionof the probationer. Whenever an offenderis arrested on a warrant for an alleged violation of probation asherein provided, the department shall hold an informal preliminaryhearing within seventy-two (72) hours of the arrest to determine whetherthere is reasonable cause to believe the person has violated a conditionof probation. A preliminary hearing shall not be required when theoffender is not under arrest on a warrant or the offender signed awaiver of a preliminary hearing. The preliminary hearing may be conductedelectronically. If reasonable cause is found, the offender may beconfined no more than twenty-one (21) days from the admission to detentionuntil a revocation hearing is held. If the revocation hearing is notheld within twenty-one (21) days, the probationer shall be releasedfrom custody and returned to probation status. If a probationeror offender is subject to registration as a sex offender, the courtmust make a finding that the probationer or offender is not a dangerto the public prior to release with or without bail. In determiningthe danger posed by the release of the offender or probationer, thecourt may consider the nature and circumstances of the violation andany new offenses charged; the offender or probationer’s pastand present conduct, including convictions of crimes and any recordof arrests without conviction for crimes involving violence or sexcrimes; any other evidence of allegations of unlawful sexual conductor the use of violence by the offender or probationer; the offenderor probationer’s family ties, length of residence in the community,employment history and mental condition; the offender or probationer’shistory and conduct during the probation or other supervised releaseand any other previous supervisions, including disciplinary recordsof previous incarcerations; the likelihood that the offender or probationerwill engage again in a criminal course of conduct; the weight of theevidence against the offender or probationer; and any other factsthe court considers relevant. The probationand parole officer after making an arrest shall present to the detainingauthorities a similar statement of the circumstances of violation.The probation and parole officer shall at once notify the court ofthe arrest and detention of the probationer and shall submit a reportin writing showing in what manner the probationer has violated theconditions of probation. Within twenty-one (21) days of arrest anddetention by warrant as herein provided, the court shall cause theprobationer to be brought before it and may continue or revoke allor any part of the probation or the suspension of sentence. If thecourt revokes probation for one or more technical violations,the court shall impose a period of imprisonment to be served in eithera technical violation center or a restitution center not to exceedninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation. For the third revocation, the court may impose a periodof imprisonment to be served in either a technical violation centeror a restitution center for up to one hundred eighty (180) days orthe court may impose the remainder of the suspended portion of thesentence. For the fourth and any subsequent revocation, the court may impose up to the remainderof the suspended portion of the sentence. The period of imprisonmentin a technical violation center imposed under this section shall notbe reduced in any manner. If the offenderis not detained as a result of the warrant, the court shall causethe probationer to be brought before it within a reasonable time andmay continue or revoke all or any part of the probation or the suspensionof sentence, and may cause the sentence imposed to be executed ormay impose any part of the sentence which might have been imposedat the time of conviction. If the court revokes probation for one or more technical violations, the court shall impose a period ofimprisonment to be served in either a technical violation center ora restitution center not to exceed ninety (90) days for the first revocation and not to exceed one hundredtwenty (120) days for the second revocation. For the third revocation, the court may impose a period of imprisonment to be served in eithera technical violation center or a restitution center for up to onehundred eighty (180) days or the court may impose the remainder ofthe suspended portion of the sentence. For the fourth and any subsequent revocation, the court may impose upto the remainder of the suspended portion of the sentence. The periodof imprisonment in a technical violation center imposed under thissection shall not be reduced in any manner. If the courtdoes not hold a hearing or does not take action on the violation withinthe twenty-one-day period, the offender shall be released from detentionand shall return to probation status. The court may subsequently holda hearing and may revoke probation or may continue probation and modifythe terms and conditions of probation. If the court revokes probationfor one or more technicalviolations, the court shallimpose a period of imprisonment to be served in either a technicalviolation center operated by the department or a restitution centernot to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120)days for the second revocation. For the third revocation, the court may impose a period of imprisonment to be served in eithera technical violation center or a restitution center for up to onehundred eighty (180) days or the court may impose the remainder ofthe suspended portion of the sentence. For the fourth and any subsequent revocation, the court may impose upto the remainder of the suspended portion of the sentence. The periodof imprisonment in a technical violation center imposed under thissection shall not be reduced in any manner. For an offendercharged with a technical violation who has not been detained awaitingthe revocation hearing, the court may hold a hearing within a reasonabletime. The court may revoke probation or may continue probation andmodify the terms and conditions of probation. If the court revokesprobation for one or more technical violations thecourt shall impose a period of imprisonment to be served in eithera technical violation center operated by the department or a restitutioncenter not to exceed ninety (90) days for the first revocation and not to exceed one hundredtwenty (120) days for the second revocation. For the third revocation, the court may impose a period of imprisonment to be served in eithera technical violation center or a restitution center for up to onehundred eighty (180) days or the court may impose the remainder ofthe suspended portion of the sentence. For the fourth and any subsequent revocation, the court may impose upto the remainder of the suspended portion of the sentence. The periodof imprisonment in a technical violation center imposed under thissection shall not be reduced in any manner. If the probationeris arrested in a circuit court district in the State of Mississippiother than that in which he was convicted, the probation and paroleofficer, upon the written request of the sentencing judge, shall furnishto the circuit court or the county court of the county in which thearrest is made, or to the judge of such court, a report concerningthe probationer, and such court or the judge in vacation shall haveauthority, after a hearing, to continue or revoke all or any partof probation or all or any part of the suspension of sentence, andmay in case of revocation proceed to deal with the case as if therehad been no probation. In such case, the clerk of the court in whichthe order of revocation is issued shall forward a transcript of suchorder to the clerk of the court of original jurisdiction, and theclerk of that court shall proceed as if the order of revocation hadbeen issued by the court of original jurisdiction. Upon the revocationof probation or suspension of sentence of any offender, such offendershall be placed in the legal custody of the State Department of Correctionsand shall be subject to the requirements thereof. Any probationerwho removes himself from the State of Mississippi without permissionof the court placing him on probation, or the court to which jurisdictionhas been transferred, shall be deemed and considered a fugitive fromjustice and shall be subject to extradition as now provided by law.No part of the time that one is on probation shall be considered asany part of the time that he shall be sentenced to serve. The arrestingofficer, except when a probation and parole officer, shall be allowedthe same fees as now provided by law for arrest on warrant, and suchfees shall be taxed against the probationer and paid as now providedby law. The arrest, revocationand recommitment procedures of this section also apply to personswho are serving a period of post-release supervision imposed by thecourt. Unless good causefor the delay is established in the record of the proceeding, theprobation revocation charge shall be dismissed if the revocation hearingis not held within thirty (30) days of the warrant being issued. The Departmentof Corrections shall provide semiannually to the Oversight Task Forcethe number of warrants issued for an alleged violation of probationor post-release supervision, the average time between detention ona warrant and preliminary hearing, the average time between detentionon a warrant and revocation hearing, the number of ninety-day sentencesin a technical violation center issued by the court, the number ofone-hundred-twenty-day sentences in a technical violation center issuedby the court, the number of one-hundred-eighty-day sentences issuedby the court, and the number and average length of the suspended sentencesimposed by the court in response to a violation.
Miss. Code Ann. § 47-7-37.1 1. Revocation of probation or post-release supervision.
Notwithstandingany other provision of law to the contrary, if a court finds by apreponderance of the evidence, that a probationer or a person underpost-release supervision has committed a felony or absconded, thecourt may revoke his probation and impose any or all of the sentence.For purposes of this section, “absconding from supervision”means the failure of a probationer to report to his supervising officerfor six (6) or more consecutive months.
Miss. Code Ann. § 47-7-38 Graduated sanctions as alternative to judicial modification or revocation of parole, probation or post-release supervision.
The departmentshall have the authority to impose graduated sanctions as an alternativeto judicial modification or revocation, as provided in Sections 47-7-27 and 47-7-37, for offenders onprobation, parole, or post-release supervision who commit technicalviolations of the conditions of supervision as defined by Section 47-7-2. The commissionershall develop a standardized graduated sanctions system, which shallinclude a grid to guide field officers in determining the suitableresponse to a technical violation. The commissioner shall promulgaterules and regulations for the development and application of the systemof sanctions. Field officers shall be required to conform to the sanctiongrid developed. The system ofsanctions shall include a list of sanctions for the most common typesof violations. When determining the sanction to impose, the fieldofficer shall take into account the offender’s assessed risklevel, previous violations and sanctions, and severity of the currentand prior violations. Field officersshall notify the sentencing court when a probationer has committeda technical violation or the parole board when a parolee has committeda technical violation of the type of violation and the sanction imposed.When the technical violation is an arrest for a new criminal offense,the field officer shall notify the court within forty-eight (48) hoursof becoming aware of the arrest. The graduatedsanctions that the department may impose include, but shall not belimited to: Verbal warnings; Increased reporting; Increased drugand alcohol testing; Mandatory substanceabuse treatment; Loss of earned-dischargecredits; and Incarcerationin a county jail for no more than two (2) days. Incarceration as asanction shall not be used more than two (2) times per month for atotal period incarcerated of no more than four (4) days. The system shallalso define positive reinforcements that offenders will receive forcompliance with conditions of supervision. These positive reinforcementsshall include, but not limited to: Verbal recognition; Reduced reporting;and Credits for earneddischarge which shall be awarded pursuant to Section 47-7-40. The Departmentof Corrections shall provide semiannually to the Oversight Task Forcethe number and percentage of offenders who have one or more violationsduring the year, the average number of violations per offender duringthe year and the total and average number of incarceration sanctionsas defined in subsection (5) of this section imposed during the year.
Miss. Code Ann. § 47-7-38.1 1. Technical violation centers.
The Departmentof Corrections shall establish technical violation centers to detainprobation and parole violators revoked by the court or parole board. The departmentshall place an offender in a violation center for a technical violationas ordered by the board pursuant to Section 47-7-27 and the sentencingcourt pursuant to Section 47-7-37. The violationcenters shall be equipped to address the underlying factors that ledto the offender’s violation as identified based on the resultsof a risk and needs assessment. At a minimum each violation centershall include substance abuse services shown to reduce recidivismand a reduction in the use of illicit substances or alcohol, educationprograms, employment preparation and training programs and behavioralprograms. As required by Section 47-5-20(b), the departmentshall notify, by certified mail, each member of the board of supervisorsof the county in which the violation center shall be located of thedepartment’s intent to convert an existing department facilityto a technical violation center. The departmentshall establish rules and regulations for the implementation and operationof the technical violation centers. The Departmentof Corrections shall provide to the Oversight Task Force semiannuallythe average daily population of the technical violation centers, thenumber of admissions to the technical violation centers, and the averagetime served in the technical violation centers.
Miss. Code Ann. § 47-7-39 Change of residence; transfer.
If, for goodand sufficient reasons, a probationer desires to change his residencewithin or without the state, such transfer may be effected by applicationto his field supervisor which transfer shall be subject to the court’sconsent and subject to such regulations as the court, or judge, mayrequire.
Miss. Code Ann. § 47-7-40 Earned-discharge program; eligibility; accrual of earned-discharge credits.
The commissioner shall establish rules and regulations for implementing the earned-discharge program that allows offenders on probation and parole to reduce the period of supervision for complying with conditions of probation. The department shall have the authority to award earned-discharge credits to all offenders placed on probation, parole, or post-release supervision who are in compliance with the terms and conditions of supervision. An offender serving a Mississippi sentence for an eligible offense in any jurisdiction under the Interstate Compact for Adult Offender Supervision shall be eligible for earned-discharge credits under this section. Offenders shall not be denied earned-discharge credits solely based on nonpayment of fees or fines if a hardship waiver has been granted as provided in Section 47-7-49. For each full calendar month of compliance with the conditions of supervision, earned-discharge credits equal to the number of days in that month shall be deducted from the offender’s sentence discharge date. Credits begin to accrue for eligible offenders after the first full calendar month of compliance supervision conditions. For the purposes of this section, an offender is deemed to be in compliance with the conditions of supervision if there was no violation of the conditions of supervision. No earned-discharge credits may accrue for a calendar month in which a violation report has been submitted, the offender has absconded from supervision, the offender is serving a term of imprisonment in a technical violation center, or for the months between the submission of the violation report and the final action on the violation report by the court or the board. Earned-discharge credits shall be applied to the sentence within thirty (30) days of the end of the month in which the credits were earned. At least every six (6) months, an offender who is serving a sentence eligible for earned-discharge credits shall be notified of the current sentence discharge date. Once the combination of time served on probation, parole or post-release supervision, and earned-discharge credits satisfy the term of probation, parole, or post-release supervision, the board or sentencing court shall order final discharge of the offender. No less than sixty (60) days prior to the date of final discharge, the department shall notify the sentencing court and the board of the impending discharge. The department shall provide semiannually to the Oversight Task Force the number and percentage of offenders who qualify for earned discharge in one or more months of the year and the average amount of credits earned within the year.
Miss. Code Ann. § 47-7-41 Discharge from probation.
When a probationershall be discharged from probation by the court of original jurisdiction,the field supervisor, upon receiving a written request from the probationer,shall forward a written report of the record of the probationer tothe Division of Community Corrections of the department, which shallpresent a copy of this report to the Governor. The Governor may, inhis discretion, at any time thereafter by appropriate executive orderrestore any civil rights lost by the probationer by virtue of hisconviction or plea of guilty in the court of original jurisdiction.
Miss. Code Ann. § 47-7-43 Application of provisions.
The provisionsof this chapter are hereby extended to all persons who, at the effectivedate thereof, may be on parole, or eligible to be placed on paroleunder existing laws, with the same force and effect as if this chapterhad been in operation at the time such persons were placed on paroleor become eligible to be placed thereon, as the case may be.
Miss. Code Ann. § 47-7-45 Provisions inapplicable to Oakley Youth Development Center.
The provisionsof this chapter shall not apply to probation under the Youth CourtLaw nor to parole from the Oakley Youth Development Center.
Miss. Code Ann. § 47-7-47 Earned probation program; restitution to crime victim.
The judge ofany circuit court may place an offender on a program of earned probationafter a period of confinement as set out herein and the judge mayseek the advice of the commissioner and shall direct that the defendantbe under the supervision of the department. Any circuit courtor county court may, upon its own motion, acting upon the advice andconsent of the commissioner not earlier than thirty (30) days norlater than one (1) year after the defendant has been delivered tothe custody of the department, to which he has been sentenced, suspendthe further execution of the sentence and place the defendant on earnedprobation, except when a death sentence or life imprisonment is themaximum penalty which may be imposed or if the defendant has beenconfined two (2) or more times for the conviction of a felony on aprevious occasion in any court or courts of the United States andof any state or territories thereof or has been convicted of a felonyinvolving the use of a deadly weapon. The authoritygranted in this subsection shall be exercised by the judge who imposedsentence on the defendant, or his successor. The time limitimposed by paragraph (a) of this subsection is not applicable to thosedefendants sentenced to the custody of the department prior to April14, 1977. Persons who are convicted of crimes that carry mandatorysentences shall not be eligible for earned probation. When any circuitor county court places an offender on earned probation, the courtshall give notice to the Mississippi Department of Corrections withinfifteen (15) days of the court’s decision to place the offenderon earned probation. Notice shall be delivered to the central officeof the Mississippi Department of Corrections and to the regional officeof the department which will be providing supervision to the offenderon earned probation. If the courtplaces any person on probation or earned probation, the court mayorder the person, as a condition of probation, to a period of confinementand treatment at a private or public agency or institution, eitherwithin or without the state, which treats emotional, mental or drug-relatedproblems. Any person who, as a condition of probation, is confinedfor treatment at an out-of-state facility shall be supervised pursuantto Section 47-7-71, and anyperson confined at a private agency shall not be confined at publicexpense. Time served in any such agency or institution may be countedas time required to meet the criteria of subsection (2)(a). If the courtplaces any person on probation or earned probation, the court mayorder the person to make appropriate restitution to any victim ofhis crime or to society through the performance of reasonable workfor the benefit of the community. If the courtplaces any person on probation or earned probation, the court mayorder the person, as a condition of probation, to submit, as providedin Section 47-5-601, to anytype of breath, saliva or urine chemical analysis test, the purposeof which is to detect the possible presence of alcohol or a substanceprohibited or controlled by any law of the State of Mississippi orthe United States.
Miss. Code Ann. § 47-7-49 Creation of community service revolving fund; payments by offender on probation, parole, earned-release supervision, post-release supervision, or earned probation; disposition of payments; time limit on payments [Repealed effective June 30, 2022].
Any offender on probation, parole, earned-release supervision, post-release supervision, earned probation or any other offender under the field supervision of the Community Services Division of the department shall pay to the department the sum of Fifty-five Dollars ($55.00) per month by certified check or money order unless a hardship waiver is granted. An offender shall make the initial payment within sixty (60) days after being released from imprisonment unless a hardship waiver is granted. A hardship waiver may be granted by the sentencing court or the Department of Corrections. A hardship waiver may not be granted for a period of time exceeding ninety (90) days. The commissioner or his designee shall deposit Fifty Dollars ($50.00) of each payment received into a special fund in the State Treasury, which is hereby created, to be known as the Community Service Revolving Fund. Expenditures from this fund shall be made for: (a) the establishment of restitution and satellite centers; and (b) the establishment, administration and operation of the department’s Drug Identification Program and the intensive and field supervision program. The Fifty Dollars ($50.00) may be used for salaries and to purchase equipment, supplies and vehicles to be used by the Community Services Division in the performance of its duties. Expenditures for the purposes established in this section may be made from the fund upon requisition by the commissioner, or his designee. Of the remaining amount, Three Dollars ($3.00) of each payment shall be deposited into the Crime Victims’ Compensation Fund created in Section 99-41-29, and Two Dollars ($2.00) shall be deposited into the Training Revolving Fund created pursuant to Section 47-7-51. When a person is convicted of a felony in this state, in addition to any other sentence it may impose, the court may, in its discretion, order the offender to pay a state assessment not to exceed the greater of One Thousand Dollars ($1,000.00) or the maximum fine that may be imposed for the offense, into the Crime Victims’ Compensation Fund created pursuant to Section 99-41-29. Any federal funds made available to the department for training or for training facilities, equipment or services shall be deposited into the Correctional Training Revolving Fund created in Section 47-7-51. The funds deposited in this account shall be used to support an expansion of the department’s training program to include the renovation of facilities for training purposes, purchase of equipment and contracting of training services with community colleges in the state. No offender shall be required to make this payment for a period of time longer than ten (10) years. The offender may be imprisoned until the payments are made if the offender is financially able to make the payments and the court in the county where the offender resides so finds, subject to the limitations hereinafter set out. The offender shall not be imprisoned if the offender is financially unable to make the payments and so states to the court in writing, under oath, and the court so finds. This section shall stand repealed from and after June 30, 2022.
Miss. Code Ann. § 47-7-51 Correctional Training Revolving Fund.
There is herebycreated in the State Treasury a special fund, which shall be knownas the Correctional Training Revolving Fund. This fund shall be usedto develop and implement the comprehensive correction training programauthorized in Chapter 509, Laws of 1990. These funds may be used toconstruct and renovate training facilities, purchase training equipmentfor the hiring of instructors, and to pay operating expenses to accomplishand fulfill the purposes of the training program. The Commissionerof Corrections shall establish guidelines for the use and accountabilityof such funds.
Miss. Code Ann. § 47-7-53 Department of Corrections to assume duties, powers and responsibilities of Parole Board.
If the ParoleBoard is abolished, the Department of Corrections shall assume andexercise all the duties, powers and responsibilities of the StateParole Board. The Commissioner of Corrections may assign to the appropriateofficers and divisions any powers and duties deemed appropriate tocarry out the duties and powers of the Parole Board. Wherever theterms “State Parole Board” or “Parole Board”appear in any state law, they shall mean the Department of Corrections.
Miss. Code Ann. § 47-7-55 Parole Commission; creation; purpose; membership; compensation.
There is herebycreated a joint committee of the Senate and House of Representativesto be known as the Parole Commission, hereinafter referred to as the“commission.” The commission shall study and make recommendationsto the Legislature related to the abolition of parole, the completeand thorough classification of inmates prior to sentencing and sentencingstandards. The commissionshall consist of the following members: Three (3) membersof the House Judiciary “B” Committee and three (3) membersof the House Penitentiary Committee appointed by the Speaker. Three (3) membersof the Senate Corrections Committee and three (3) members of the SenateJudiciary Committee appointed by the Lieutenant Governor. The Chairmanof the Senate Corrections Committee and the Chairman of the HousePenitentiary Committee shall serve as co-chair of the commission. The commissionshall submit its findings and recommendations to the Legislature nolater than January 2, 1996. For attendingmeetings of the commission, members of the commission shall receiveper diem as provided by Section 25-3-69, and reimbursementof expenses as provided by Section 5-1-47. The membersof the commission shall obtain the approval of the Management Committeeof the House of Representatives and the Contingent Expense Committeeof the Senate for per diem and travel expense expenditures of thecommission. The members of the commission shall not receive per diemor expenses while the Legislature is in session. All expenses incurredby and on behalf of the commission shall be paid from the contingencyfunds of the Senate and the House of Representatives. In conductingits activities pursuant to this section, the commission may elicitthe support of and participation by federal, state and local agenciesand interested associations, organizations and individuals. The commissionmay appoint an advisory committee whose members shall serve withoutcompensation. The advisory committee may consist of judges, prosecutingattorneys, defense attorneys, medical professionals, correctionalpersonnel and any other individual or groups that the commission desiresto place on the advisory committee.
Miss. Code Ann. § 47-7-73 Notification to county and municipal officials; probation or parole of out-of-state parolee.
The Department of Corrections shall notify the sheriff of the county and the police chief of each municipality in the county when a person is placed on probation or released on parole to reside in the county under the Uniform Act for Out-of-state Parolee Supervision.
Miss. Code Ann. § 47-7-81 Interstate Compact for Adult Offender Supervision.
The Governor, on behalf of this state, may execute a compact, in substantially the following form, and the Governor, on behalf of this state, may execute a compact, in substantially the following form, and the Legislature signifies in advance its approval and ratification of such compact:
Miss. Code Ann. § 47-7-83 Supervision of offenders from participating states.
Pursuant to the Interstate Compact for Adult Offender Supervision, the Department of Corrections may assume the duties of supervision over offenders of any sending state who were convicted of misdemeanors. The Department of Corrections may not supervise offenders convicted of misdemeanors of states that are not participating in the compact.
Miss. Code Ann. § 47-7-85 Application fee for out-of-state transfer; funds received to defray compact expenses.
Pursuant to the Interstate Compact for Adult Offender Supervision, the Department of Corrections may charge a one-time application fee in the amount of Fifty Dollars ($50.00) to each offender applying for out-of-state transfer under the Interstate Compact for Adult Offender Supervision. Payments received under this section shall be deposited into a special fund which is created in the State Treasury. Monies in the fund shall be expended by the Department of Corrections, upon appropriation by the Legislature, to defray costs incurred by the department under the Interstate Compact for Adult Offender Supervision. Unexpended amounts remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the special fund shall be deposited to the credit of the special fund.
Miss. Code Ann. § 47-7-101 Mississippi Re-Entry Council; purpose; steering committee membership and duties.
There is created the Mississippi Re-Entry Council. The purpose of the council is to create effective strategies to assist former inmates in their return to the general population, to reduce the recidivism rates of inmates, to increase public safety, and to reduce budgetary constraints presently created by prison-related costs. The Re-Entry Council shall be led by a steering committee. The Re-Entry Council Steering Committee shall be composed of the following twelve (12) members, who shall serve for two-year terms: A Mississippi United States Attorney, or a designee appointed by the Governor; The Commissioner of the Mississippi Department of Corrections, or a designee; The Attorney General of the State of Mississippi, or a designee; The director of a faith-based organization involved in re-entry programs, or a designee appointed by the Lieutenant Governor; The Chief Probation Officer of the United States District Courts of Mississippi, or a designee; A Mississippi United States District Judge, or a designee appointed by the Speaker of the House of Representatives; The Chief Justice of the Mississippi Supreme Court, or a designee; The Executive Director for the Mississippi Department of Mental Health, or a designee; The Executive Director for the Mississippi Division of Medicaid, or a designee; The Chairman of the Parole Board, or a designee; A person who is a former offender appointed by the Chairman of the Parole Board; and The Director of the Mississippi Department of Employment Security, or a designee. The Re-Entry Council Steering Committee shall have the following duties: To consider development of a statewide approach to assist re-entry of former inmates into the general population of this state; To provide recommendations regarding evidence-based approaches that equip inmates with the requisite, individualized resources to promote their successful return to the general population of this state; To review reports, studies, and materials as it deems appropriate; To appoint such subcommittees as it finds proper; To study proposed legislation that seeks to resolve recidivism; To submit recommendations from its findings to the Legislature, the Governor and the Mississippi Supreme Court. In making such recommendations, the Re-entry Council Steering Committee will seek input from all branches of state and local government, governmental agencies, businesses and nonprofit organizations throughout this state; To seek and receive grants; To hire contract personnel and/or staff using any grants received; and To collaborate with the coordinator of the transitional re-entry center, under the supervision of the Mississippi Department of Corrections, which shall provide administrative support to the council. The Chief Justice of the Mississippi Supreme Court shall call the first meeting of the steering committee. At its first meeting, the steering committee shall elect a chairman and vice chairman from its membership and adopt rules for transacting its business and keeping records. Officers shall serve one-year terms or until such time as a successor is elected.