Mississippi  Department of  Corrections

Christopher B. Epps  

Phil Bryant

Commissioner   

 Governor  

 

 

 

 

PAROLE 

Depending on various factors including an inmate’s criminal history, crime, crime commit date, and sentence, some inmates may be eligible for parole consideration after serving a portion of their sentence.  Although an inmate may be eligible for parole, it is not guaranteed that an inmate will be granted parole.  Whether or not an inmate is released early to parole is within the complete discretion of the Mississippi State Parole Board.  A list of all inmates eligible for parole is generated each month and sent to the Parole Board.  When considering whether to grant or deny parole the Board considers a multitude of factors including, but not limited to, the following:

 

·        Severity of offense

·        Number of offenses committed

·        Psychological and/or psychiatric history

·        Disciplinary action while incarcerated

·        Community Support or Opposition

·        Amount of Time Served

·        Prior misdemeanor or felony conviction(s)

·        Policy and/or juvenile record

·        History of drug or alcohol abuse

·        History of violence

·        Crimes committed while incarcerated

·        Escape history

·        Participation in rehabilitative programs

·        Arrangements for employment and/or residence

·        Whether the offender served in the United States Armed Forces and received and honorable discharge 

Victims and family members of victims are allowed to make impact statements to the Parole Board.   

OFFENDERS INCARCERATED FOR CRIME COMMITTED PRIOR TO JULY 1, 1995 

In general, most offenders sentenced for crimes committed prior to July 1, 1995 are eligible for parole after serving 25% of their sentence and flat-time their sentence after serving 50%An offender must be sentenced to one year or more to be eligible for parole.  If the sentence is two years or less he must serve at least nine (9) months.  If the sentence is two (2) to five (5) years he must serve at least ten (10) months.  If the sentence is more than five (5) years but less than thirty (30) years he must serve at least one (1) year.  If the sentence is thirty (30) years or more he must serve at least 10 years.

Exceptions: 

1.      Habitual offender sentence under § 99-19-81 or § 99-19-87 must serve his sentence day for day.

2.      Sex offender who committed his crime on or after August 23, 1994 must serve his sentence day for day, except a person under the age of 19 convicted under 97-3-67 is eligible for parole.  As of July 1, 1995 all sex crimes became mandatory.

3.      Person convicted of Armed Robbery or Attempted Armed Robbery committed between January 1, 1977 and October 1, 1994 is not eligible for parole or earned time until he has served ten years of his sentence.  As of October 1, 1994 Armed Robbery and Attempted Armed Robbery sentences became mandatory in their entirety and are not eligible for parole.

4.       Person convicted of Armed Carjacking or Drive-by Shooting committed on or after October 1, 1994 is not eligible for parole.

5.      Person sentenced to life imprisonment under § 99-19-101 for a crime committed on or after July 1, 1994 is not eligible for parole or earned time.

OFFENDERS INCARCERATED FOR CRIMES COMMITTED ON OR AFTER JULY 1, 1995 

An offender convicted of a crime committed after June 30, 1995 who has never been convicted of a violent crime may be eligible for parole after serving 25% of his sentence.   

Notes:

·        These offenders only become parole eligible after serving 25% of their sentences; they do not automatically get released at that time.  If not released on parole, all rules for the “ERS/85% law” still apply.

·        An offender must be sentenced to one (1) year or more to be eligible for parole.  An offender must serve the greater of 25% of his sentence or the following statutory minimums:  If the sentence is from one (1) to two (2) years he must serve at least nine (9) months.  If the sentence is two (2) to five (5) years he must serve at least ten (10) months.  If the sentence is more than five (5) years but less than thirty (30) years he must serve at least one (1) year.  If the sentence is thirty (30) years or more he must serve at least 10 years.

·        Meritorious Earned Time of up to 180 days may reduce the time required to be eligible for parole subject to the statutory minimums.

·        30/30 trusty earned time is not subtracted from the parole eligibility date. 

A present or prior conviction of one of the following crimes makes an offender ineligible for parole: 

1.      Homicide (Murder or Capital Murder)

2.      Robbery  (Robbery, Armed Robbery, Armed Carjacking)

3.      Drive-by Shooting

4.      Manslaughter

5.      Sex Crimes (Includes only those offenses listed in Miss. Code Ann. § 45-33-23(g))

6.      Arson

7.      Burglary of an Occupied Dwelling (This includes all residential burglaries whether or not anyone was home at the time of the crime)

8.      Aggravated Assault (Includes Aggravated Domestic Violence)

9.      Kidnapping

10. Felonious Abuse of a Vulnerable Adult

11. Felony with an Enhanced Penalties

12. Drug Trafficking

13. Felony Child Abuse

14. Felony Child Endangerment under Miss. Code Ann. § 97-5-39(2)(b)

15. Felony Child Neglect under Miss. Code Ann. § 97-5-39(1)(b) or (c)

16. A Violation of 63-11-30(5) (i.e. Aggravated DUI or DUI Death) 

·        Accessory Before the Fact or Attempt to commit any of the above crimes also makes the offender ineligible for parole. 

·        A sentence for a violation of § 47-5-198 - sale, possession or use of a controlled substance within a correctional facility is mandatory per the criminal statute itself; and therefore, not parole-eligible.  It is not considered a violent offense; however, and would not prevent an offender from being parole eligible other charges.  

It is possible for an offender who committed a crime on or after July 1, 1995 to be ineligible for parole under the April 7, 2008 Amendment to Miss. Code Ann. § 47-7-3 (SB 2136) and still be parole eligibility in the following situation: 

A first offender (someone with all the same sentencing dates) convicted on or after January 1, 2000 of a crime committed between June 30, 1995 and April 7, 2008 that was not considered violent at time the crime was committed may be eligible for parole:

·        Felony Child Abuse (Committed prior to March 19, 2002)

·        Felony Child Endangerment under Miss. Code Ann. § 97-5-39(2)(b)(Committed prior to April 20, 2005)

·        Felony Child Neglect under Miss. Code Ann. § 97-5-39(1)(b) or (c)(Committed prior to April 7, 2008)

·        A Violation of 63-11-30(5) (i.e. Aggravated DUI or DUI Death)(Committed prior to May 14, 2004

·         A Violation of 97-29-63, Relating to filming another without permission where there is an expectation of privacy, i.e. Invasion of Privacy – Photographing or Filming (Committed prior to July 1, 2007) 

For more information see § 47-7-3.