Gregory Hollins brother, Larry, said that the law of habitual offenders confused him. Our hard-earned tax dollars are being used to lock these women up. The new parole law changes that system. Mississippi may have more current or accurate information. It will take effect on July 1. The hopeful news for criminal-justice reforms came hours after the U.S. Supreme Court, in an opinion authored by Justice Brett Kavanaugh, dealt a blow to some advocates with. It is failing our state, and it is hurting all of us but there is a better way forward. With your gift, we can do even more important stories like this one. Rep. Clark told the Mississippi Free Press in a Jan. 31 phone interview that his conversations with prosecutors and judges inspired his putting forth HB 87. The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. She called Hollins, whom she knows only by his nicknameTefalon, from her room. Black Women, Systemic Barriers and COVID-19 Project, Wilson agreed to be a confidential informant for the Flowood police and bait a cocaine seller, Mississippi Code 4129147 for a subsequent drug offense, Mississippi Appeals Court explained in its 2012 opinion, 1,000 feet of the real property of a school., remanded the case to Madison County Circuit Court for resentencing, the Mississippi Court of Appeals wrote on Nov. 8, 2011, signed the medical marijuana bill into law on Feb. 3, 2022, Housers second and third drug-related offense, In October 1983, a Lowndes County circuit judge had sentenced him to three years. JACKSON, Miss. Explaining his 2020 veto at the time, the governor said he feared it would allow violent offenders to get an early release. After this victory, he said, Empower Mississippi will soon begin engaging in renewed talks with lawmakers about additional reforms. A Mississippi man will continue to serve a life sentence for a pot bust after a court upheld the lengthy term. Habitual Offender Sentencing Reform Prison Conditions FAMM's work in Mississippi started in May 2019 when we asked the U.S. Department of Justice to open a formal investigation into Parchman State Penitentiary, after we received pictures of flooding, mold, and other deplorable conditions. Your California Privacy Rights/Privacy Policy. Hewitt was a drug addict cooperating with the deputies in exchange for a reduced sentence, the Mississippi Court of Appeals would write later in 2011. Mississippi has some of the highest rates of incarceration in the country. She was arrested after less than $20 of cocaine fell out of her pocket. It also argues that the ruling of Welch v. United States on April 18, 2016, held that this standard would be applied retroactively as well. The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes. One of the reasons Mississippi has such high levels of incarceration is due to its habitual offender laws. Mississippi jails and prisons held 8,158 inmates in 1990. This information is not intended to create, and receipt On the other hand, he said the fact the law has been amended may make the court see the case as having less national importance, as its also currently unknown if other states have laws similar enough that a decision would affect them as well. Im just a firm believer that the penalty for committing crimes should correspond with the crime that you committed, Clark told the Mississippi Free Press. A habitual criminal offender, also known as a repeat offender, refers to a person who has been previously convicted of one or more crimes in the past and is currently facing new charges.Although many habitual offenders tend to commit the same type of crime over and over again, a person does not necessarily have to commit the same crime in order to be called a . Sign up for our free summaries and get the latest delivered directly to you. These are laws that require harsher sentencing for perceived 'repeated offenders'. Mississippi hands down long prison sentences while providing few, if any, opportunities for release. Sen. Wiggins, one of the legislations sponsors, thanked the governor in a tweet today. , making early release possible for thousands of non-habitual offenders. Bain, who spoke to the Mississippi Free Press on Monday, Jan. 31, said the bill provides a basis for optimism to individuals condemned as repeat offenders. Sex offenders, habitual offenders and those that have committed capital offenses wont be seen. Maybe not in this lifetime Ill ever be able to sit in a boat and fish with him again, or just actually sit at the kitchen table and have a home-cooked meal with him., Judkins said Mississippis habitual-offenders laws contribute to making the state one of the nations highest in incarceration. Despite some middling criminal justice reforms in recent years, the Mississippi Department of Corrections reported that, 17,229 inmates live in all the states jails and prisons, Along with looking at changes to the states habitual offender laws, he said, the organization is studying accomplishments in. I missed out on my childrens lives. 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In 2020, prisoners were provided little to no healthcare resources during the height of the pandemic. Sex offenders, habitual offenders and those that have committed capital offenses won't be seen. The reason these two codes are infamous is that they require the minimum sentencing to be the maximum sentencing. The enactment of HB 585 impacted Mississippi's parole laws in several significant ways. Matt Steffey, professor of law at the Mississippi College School of Law, said while getting a case before the U.S. Supreme Court is a long shot, especially since this case in particular regards an issue of state law, the legal argument is strong, much stronger than most.. Map & Directions [+]. However, apetition for writ of certiorari sent to the court notes that two trial court judges differed on whether Brown was eligible for life under the sentencing enhancement. Drummer was convicted of possessing less than two ounces of marijuana and sentenced to life without parole under Mississippis habitual offender law. After the mid-decade changes, though, the states inmate population skyrocketed, even as the states overall population stagnated. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. Boyd then expected to face seven years imprisonment for that crime. Through our taxes, you and I are paying to support an aging prison population. SB2795 excludes habitual offenders from earned parole. 2023 NYP Holdings, Inc. All Rights Reserved, Biden frees woman busted with 15 pounds of heroin but hardly helps pot offenders, Whats she been smoking? Mississippis U.S. House delegation, which was made up of five Democrats at the time, split on the 1994 bill, with two members voting for it and three against. This is just one important step, Judkins said in todays FWD.us statement today. Additionally, in order for a person to be approved for parole or probation, a judge must sign off on the request. And unless our lawmakers implement much-needed reforms, they will never go home. In fact, two-thirds of Mississippi voters agree, according to a 2018 survey conducted for FWD.us., and believe habitual sentences shouldnt be applied to people whose current convictions are for non-violent crimes. In October 1983, a Lowndes County circuit judge had sentenced him to three years in prison for selling less than one ounce of marijuana. We have the second-highest rate of imprisonment in the entire country, she said. Mississippi, like states across the country, followed the national trend with its own tough-on-crime reforms in 1995. Senate Bill 2795, also known as the Mississippi Earned Parole Eligibility Act, has passed the legislature and been signed by the governor into law and will take effect on July 1, 2021. Through our philanthropic efforts, The Botanical Empress is helping shine a spotlight on individuals unjustly incarcerated for non-violent cannabis-related offenses. house bill 234. an act to amend sections 99-19-81 and 99-19-83, mississippi code of 1972, to revise statutes governing penalties for habitual offenders; to amend sections 47-7-3, 47-5-139 and 47-5-138.1, mississippi code of 1972, to revise the regulations for inmates who were classified as habitual . After confirming that Hollins sent him, Wilson paid $200 for 1.5 grams of cocaine. Its cruel and unusual punishment, added Brown, who said she has two kids who were 12 and 7 when she was incarcerated. In October 2009, Tommy Jones, then a lieutenant in the Madison County sheriffs Departments narcotics division, used a confidential informant to trap Dwayne Boyd. The sentence was a mandatory minimum under Mississippis habitual offender laws, which are some of the harshest in the country. Mississippi Journalism and Education Group is a a 501(c)(3) nonprofit media organization (EIN 85-1403937) for the state, devoted to going beyond partisanship and publishing solutions journalism for the Magnolia State and all of its people. And no one gets out JUST because they are older. Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. Mississippis COVID-19 Recovery Is Real, Experts Say. As of 2020, there were around 80 people serving life sentences in Mississippi under the big habitual offender law for a nonviolent third felony, according to The Clarion Ledger. That means there will be a forum in which evidence supporting and contesting release will be considered. Uncovering the 7 Key Factors, How to Choose the Best Moldavite Size for You, The 13 Best Cannabis Strains Proven to Boost Creativity, 17 Crystals to Pair with Moldavite and Their Combined Effects, 7 Signs of Cannabis Root Problems [And How to Fix Them]. Over 1,000 people for every 100,000 are in some form of prison or detention center. The majority of people serving these very long sentences for nonviolent offenses were convicted of drug-related crimes., There are over 175 people serving 20+ year little habitual sentences for nonviolent crimes in prison today who are ineligible for parole and earned time and thus must serve every day of their sentences behind bars.. And were looking for those that wont be a threat to the public and those that have a good re-entry plan.. The new law provides that avenue for leniency by permitting non-violent habitual offenders to petition the sentencing judge for parole eligibility after serving a quarter of their sentence. Asked about the governor's thoughts towards reforming habitual offender laws, press secretary Bailey Martin wrote in a June 11 email, "Governor Reeves believes that Mississippi should focus on . The misdemeanor offense attracts up to $500 in fines and six months in prison or both. HB 981 gives people sentenced as habitual offenders an option after they have served the lesser of 20% or 15 years of their sentence. Brown is challenging the states habitual offender law that ensured she would receive life without parole before the U.S. Supreme Court, which will decide what action to take on the case after the justices conference on Friday. Today, she is a 46-year-old mother of four, starting her 13th year at Central Mississippi Correctional Facility in Pearl. Mississippi has some of the highest rates of overcrowding than any other state. We are also devastated that, for the second year in a row, legislators failed to pass reforms to the states harmful habitual sentencing laws, the organization said in an April 1 statement. The legislations primary sponsor, Sen. Juan Barnett, a Heidelberg Democrat, spearheaded the effort to change the parole law with co-sponsors Sen. Robert Jackson, D-Marks; Daniel Sparks, R-Cleveland; Albert Butler, D-Port Gibson; Brice Wiggins, R-Pascagoula; Sampson Jackson II, D-Preston; and Sarita Simmons, D-Jackson. And our habitual penalties are part of the reason why, because of how long you can leave someone in prison.. Connect with your community by subscribing today. Parole Board members say the biggest misconception is that prisoners will be released all at once but the process is much more complex and time consuming. AN ACT TO AMEND SECTIONS 99-19-81, MISSISSIPPI CODE OF 1972, TO PROVIDE A TIME PERIOD FOR QUALIFICATION OF CERTAIN HABITUAL OFFENDERS; TO AMEND SECTION 99-19-83, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS THAT REGULATE HABITUAL OFFENDERS; TO REMOVE RESTRICTIONS FOR REDUCTION OF PAROLE; TO AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO Photo courtesy Mississippi Department of Corrections Before the Aug. 1 call, Madison County Deputy Trey Curtis had wired Hewitt with an audiovisual recording device. FOCUS: 2022 Elections Housing & Evictions #MSWelfare Scandal Jackson Water Abortion Race & Racism Policing Incarceration. He has won numerous awards, including Outstanding New Journalist in the South, for his work covering immigration raids, abortion battles and even former Gov. Essentially, the federal government gave financial incentives for states to implement stricter sentencing requirements around Three-strikes, youre out, and to limit parole eligibility, Latino told the Mississippi Free Press today. This year, our state legislature could strengthen pending bills and pass reforms to limit harsh habitual sentences, and to expand who is eligible for parole, to ensure that more people have the opportunity to go home one day. Even with the habitual law, Im trying to figure out how does anyone get to come up and determine (that) just because this guy has been in trouble two times or three times, then hey, lets just throw him away; the time (served) didnt mean (anything),' Larry said in a FWD.us video posted to Youtube in 2019. At the time of Browns conviction, the Mississippi statute did not provide a definition as to what constitutes a violent crime, the petition argues. Unfortunately, other states that have enacted three-strikes rules still maintain persecution of non-violent drug crimes. Guest did not respond to the Mississippi Free Press email on Monday, Jan. 31, to his campaign office for comments nor another on Tuesday, Feb. 8. Nothing on this site should be taken as legal advice for any individual Currently, a few laws in the Mississippi justice system mandate minimum sentencing for habitual offenders. 39110 (WLBT) - Thousands of Mississippi prisoners will soon be eligible for parole because of a new state law. In Mississippi, someone facing a conviction for a second drug offense faces twice the maximum years in prison. 2013 Mississippi Code Title 99 - CRIMINAL PROCEDURE Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION SENTENCING OF HABITUAL CRIMINALS 99-19-81 - Sentencing of habitual criminals to maximum term of imprisonment Universal Citation: MS Code 99-19-81 (2013) They found drug paraphernaliawhich can be means of inhaling or injecting a controlled substancein her vehicle. Rapists and murderers do not get the type of sentence I have, Brown said. Copyright 2022 - The Botanical Empress. This is a smart on crime, soft on taxpayer conservative reform., Among those who deserve immense credit in this process are Reps. Nick Bain and Kevin Horan, Sens. The judge who presided over her drug charge said the enhanced sentencing applied to Brown even though she was guilty as an accessory, because state law makes an accomplice guilty as principal. We already have this process for other offenders; we dont have it for habitual offenders., Bain is the chairman of one of two House judiciary committees and vice chairman of the judiciary en banc committee. The new law provides that avenue for leniency by permitting non-violent habitual offenders to petition the sentencing judge for parole eligibility after serving a quarter of their sentence. The court held in 2015 that the definition was unconstitutionally vague, as it is left uncertain how to estimate risk of a crime and how much risk would be necessary for the label to apply, according to the petition. The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. Our mission is to educate the public on the healing properties of natural herbs and plants. Large majorities of lawmakers in both of Mississippis Republican-dominated chambers approved the changes earlier this year. This was commonly referred to as good time and was completely distinct from parole. There have been numerous studies for years that habitual offender laws are not effective in deterring criminal behavior nor in capturing the high-level criminals these laws were designed to catch. Bain, first elected to the Legislature in 2012 as a . If a person has shoplifted or if a person has written bad checks, I just dont think that person should be sentenced to life in prison for a nonviolent offense., Life in prison and those harsh offenses, they are supposed to be reserved for those individuals that commit some of the harshest crimes, as opposed to people who are addicted to drugs; and I dont think they should receive those harsh sentences.. S.B. The bill, known as SB2795, would mitigate both aforementioned codes and allows prisoners the opportunity for parole. The money that it takes to incarcerate someone is never a factor. More than half the women in our Mississippi prisons are serving sentences for drugs or other non-violent crimes. Today, Latino said, his organization is celebrating the parole eligibility changes, which he emphasized is a major step that should offer Mississippians hope. Nearly 80% of those people are 40 or older, and 27% of them are 55 or older. We use cookies to optimize our website and our service. And then the courts just up and took my life away from me and not only me, my children. Police confiscated five bags from Russell when he was arrested in 2017, and confirmed that two of the bags contained 1.5 ounces of marijuana. According to data analyzed by The Appeal, as of August 4, 2021, there were nearly 600 people in Mississippi who were serving 20 years or more with no parole date and were considered habitual offenders. The third felony doesnt have to be violent for the law to take effect. House burglary and manslaughter are cases that the parole board, until July 1, have not seen, added Pickett. Housers second and third drug-related offense happened within a few weekson May 5, 2006, and June 26, 2006when he was 45. Because he had two previous convictions relating to the sale of controlled substances, his sentencing was under both Mississippi Code 4129147 and 99-19-81. I had been out of jail on my armed robbery charge for 20 years, was working, had a job, worked every day and I was raising a family. The Mississippi Free Press is a nonprofit, nonpartisan 501(c)(3) focused on telling stories that center all Mississippians. Christopher Butler was convicted of possession of marijuana in the state of Mississippi. Black Women, Systemic Barriers and COVID-19 Project, a tweet thread explaining his decision to sign the Mississippi Earned Parole Eligibility Act, Meet Torsheta Jackson: A Reporter Mississippians Need, Deserve, Hinds Sheriff Candidate Staying In Race Despite Federal Indictments, Mercy On Her Soul: Emmett Till Family, Allies Respond to Carolyn Bryant Donhams Death. You're all set! Except as provided by Sections 99-19-81 through 99-19-87, no person sentenced as a confirmed and habitual criminal shall be eligible for parole unless such prisoner has served ten (10) years of a sentence of forty (40) years or more; (b) Sex offenders. High rates of imprisonment are inherently disastrous. Juan Barnett, Brice Wiggins and Daniel Sparks, as well as Lt. Gov. It also notes that though the statute was amended in 2014 to give an updated definition of violent crime, which includes armed robbery, it still isnt clear on whether that would apply to someone convicted as an accessory. The Empower Mississippi president said he thinks todays parole-eligibility reform could also forestall intervention related to an ongoing U.S. Department of Justice investigation into Mississippis overcrowded prison system. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. I might not even be here. This is the kind of reform that will take four or five years for us to see the real benefits of. Second chances are good, he wrote, but knee-jerk efforts can harm public safety., This bill expands parole eligiblity for somebut it does not guarantee it! They later arrested Mitchell, and he faced trial in June 2010. With your gift, we can do even more important stories like this one. Other states who possessed similar habitual offender laws have remodeled their legislation to three-strikes laws. I have a death sentence for a simple possession charge, said Brown in a phone interview. Even after they become eligible, the State Parole Board must approve their release. Though he doesnt know how far reaching the impact of a decision would be, Waide thinks its an important one to be decided. The Madison County Circuit Court sentenced Boyd as a subsequent drug offender to 120 years in the custody of the Mississippi Department of Corrections (MDOC), with sixty years to serve and five years of supervised post-release supervision, the court added. The new law provides that violent offenders are eligible for parole after serving 50% of their sentence or twenty years, whichever is shorter. Tate Reeves this afternoon signed a separate criminal justice bill, Senate Bill 2795, making early release possible for thousands of non-habitual offenders. The Mississippi Court of Appeals ruled against Brown in 2009, and Brown filed further, unsuccessful appeals to the state Supreme Court. Mississippi's habitual offender laws were passed in the 1990s, when American society was seeing higher-than-average crime rates and many states imposed "three strikes" laws. A majority of judges in Mississippi are still abiding by the habitual offender laws and not granting requests from habitual offenders. But lawmakers opted for the narrower reforms this year after Gov. By 2000, more than 18,000 Mississippians lived behind bars. John McDonald is just one of many other victims of Mississippis harsh habitual offender law. Nearly 250 people are serving 20+ year habitual penalties for nonviolent offenses, the FWD.us report added. Sadly, the bills refusal to include habitual offenders in earned parole is a huge setback. And right now, we are not extending that same grace and mercy to our fellow incarcerated Mississippians. Habitual offender sentence under 99-19-81 or 99-19-83 must serve his sentence day for day. Its death by mother nature., Will Mississippi change strict parole laws? For instance, in Johnson v. United States, the government asked for an enhancement to sentencing based on the conviction of a violent felony in the Armed Career Criminal Act, which is defined as a crime that otherwise involves conduct that presents a serious potential of physical injury to another, according to the petition. They can go to the circuit court and file a civil case to vacate, set aside, or reduce the judgment. Prior to this law, prisoners convicted of a "crime of violence as defined by statute were not eligible for parole but were only eligible for earned release supervision after serving 50% of their sentence. Overcrowding in prison systems is synonymous with human rights violations. Well, what were trying to do is pick out a few sheep amongst a lot of goats. Anything that diminishes the number of people serving habitual life sentences is good for society and good for the individual.. However, the next day and before sentencing, then-District Attorney Guest acting on behalf of the State asked the Madison County circuit court for permission to amend the indictment to charge Boyd as a subsequent drug offender. Anatomy of Journalistic Impact: FedEx Driver DMonterrio Gibsons Story, Activist Mulls FedEx Boycott for Treatment of Black Worker Chased and Fired On in Brookhaven. Reeves suggested he may not support future efforts if they include relaxing habitual offender laws. But when the new law takes effect this summer, the parole eligibility requirement will change to 25% of the sentence served or a maximum of 10 years. In a way that we think is common sense, that it is smart on crime and soft on taxpayers. For example, in a post-pandemic world, the concerns of Covid-19 are only amplified in an overcrowded prison. He crisscrossed various editorial positions beginning in 2010 before moving to the United States with his family in 2019. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Along with looking at changes to the states habitual offender laws, he said, the organization is studying accomplishments in New Jersey and Texas to find solutions to boost re-entry and reduce recidivism rates in the Magnolia State. Mississippi has the second highest imprisonment rate in the country, and this habitual sentencing law is a big part of the problem. The Madison Circuit Court based its sentencing on Mississippi Code 4129147. The new law does not expand eligibility options for violent crimes like murder or sexual assault. Until May 5, 2006, 23 years later, Houser had no other felony on his record. And there is no time cut off for how far back you can go, she added. Life without parole, people dont realize life without parole is a death sentence. The information on this website is for general information purposes only. Meaning if the max sentence a person can face is life in prison, under these codes they will receive life in prison even if they have already served time for prior convictions. The judge who presided over her robbery conviction found she did not commit a crime of violence because she did not possess the weapon used and was not physically present at the robbery. The boards current case load involves seeing around 800 people a month and they expect for the next six months or so that could increase to around 1,800. I think this sends a signal to the Department of Justice that were taking these problems seriously both administratively and through policy, Latino said this afternoon. Save my name, email, and website in this browser for the next time I comment. These laws often mandate long jail sentences for non-violent crimes, such as drug-related offenses. I think a lot of the phone calls we receive get people so excited when they hear, Oh, they passed a new law and this is going to happen. And thats not necessarily applying to them, said board member Betty Lou Jones. Award-winning News Editor Ashton Pittman, a native of the South Mississippi Pine Belt, studied journalism and political science at the University of Southern Mississippi. If one of those felonies was violent, however, the big law ensures the person will be sentenced to life without parole. Reeves vetoed a more expansive parole reform bill last year. In 2021, the governor of Mississippi Tate Reeves signed a new bill into law that should counteract these habitual offender laws. Mississippi has some of the toughest cannabis laws in the United States, and as a result, the state has a large number of people incarcerated for marijuana-related offenses.