I was raised to believe each of us is a loved child of God and to know I will never be perfect, but that I'm also more than the sum of my mistakes. If one of those felonies was violent, however, the big law ensures the person will be sentenced to life without parole. Your California Privacy Rights/Privacy Policy. Despite some middling criminal justice reforms in recent years, the Mississippi Department of Corrections reported that 17,229 inmates live in all the states jails and prisons as of April 2021. High rates of imprisonment are inherently disastrous. The new law does not expand eligibility options for violent crimes like murder or sexual assault. Mississippians are currently paying $360,000,000 a year to operate our prisons. thanked the governor in a tweet today. Like a number of other states, Mississippi has two habitual offender laws, referred to as the big and little laws. 2795 came too late to save the dozens of people who were not eligible for parole and died in prison since legislators started working on these reforms. Drummer was convicted of possessing less than two ounces of marijuana and sentenced to life without parole under Mississippis habitual offender law. The Mississippi Free Press is a nonprofit, nonpartisan 501(c)(3) focused on telling stories that center all Mississippians. In 2021, as a Mississippi Free Press reporter, he was named the Diamond Journalist of the Year for seven southern U.S. states in the Society of Professional Journalists Diamond Awards. And unless our lawmakers implement much-needed reforms, they will never go home. Mississippi has been my family's home for more than 200 years. The result: Based on the habitual offender law in Mississippi, the Rankin County district court sentenced Hollins to 60 years in prison without the possibility of parole after trial in 2010 at age 35, the Mississippi Appeals Court explained in its 2012 opinion on the case. I personally dont think there ought to be such a thing as a mandatory life sentence because I believe in the fundamental Christian teaching that everybody is subject to change and is able to reform their lives, he said. As stated in Section 2(a) of the bill, No person sentenced as a confirmed and habitual criminal under the provisions of Sections 99-19-81 through 99-19-87 shall be eligible for parole.. You can explore additional available newsletters here. 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. Mississippi Code 99-19-81 and Mississippi Code 99-19-83 are the two main ones that lawmakers are trying to adjust. This law has ruined Johns life, as he has been unable to be there for his family or watch his children grow up. So, we take each one individually.. Mississippi has some of the highest rates of incarceration in the country. Mississippi has the second highest imprisonment rate in the country, and this habitual sentencing law is a big part of the problem. Except as provided by Sections 99-19-81 through 99-19-87, no person sentenced as a confirmed and habitual criminal for a crime of violence as defined by Section 97-3-2 shall be eligible for parole; (b) Sex offenders. Two days before Christmas in 2008, Gregory Antonio Hollins, now 46 years old, sold Jessica Wilson 1.5 grams of cocaine for $200 in Rankin County. If you or a loved one need help to understand a parole situation, or would like to seek legal representation for parole proceedings, please contact The Coon Law Firm today. When Tameka Drummer celebrates her 47th birthday inside Rankin Countys Central Mississippi Correctional Facility in three days, she will be no closer to leaving prison than she was on her 37th birthday. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. 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.. Under Mississippi Code 99-19-83, not applied to Hollins, if one of two previous felony convictions was for a violent offense, it does not matter what the third felony is; it will attract a life sentence without the possibility of parole. We've received your submission. This is the kind of reform that will take four or five years for us to see the real benefits of. The Clarion Ledger is local journalists telling local stories. JACKSON, Miss. Mississippi implemented the restrictive parole eligibility requirements and its habitual offender law in the 1990s as a tough-on-crime wave swept the nation, including the federal government. Under Mississippi's habitual-offenders law, Jermaine Mitchell will stay in prison until 2129 for selling $40 crack cocaine in 2009. For example, Washington state was one of the first states to implement three-strikes legislation, which does not encompass non-violent drug-related offenses. But What Comes Next? Previously the state reporter at the Jackson Free Press, he drove national headlines and conversations with award-winning reporting about segregation academies. Though he doesnt know how far reaching the impact of a decision would be, Waide thinks its an important one to be decided. 99-19-81 - Sentencing of habitual criminals to maximum term of Mississippis two U.S. senators at the time, Republicans Trent Lott and Thad Cochran, also voted for it. Court upholds life sentence for Mississippi man convicted of marijuana 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. These extreme sentences tear families apart with little to no hope of reunification. Legislative deadlines last month killed a bill that would have made parole possible for Drummer and hundreds of inmates like her, but other inmates and families could get a reprieve after Gov. The third felony doesnt have to be violent for the law to take effect. 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. Its death by mother nature., Will Mississippi change strict parole laws? Judkins told the Mississippi Free Press that under Mississippi Code 99-19-81 and 41-29-147, prosecutors can add decades in prison and even life imprisonment. By 2000, more than 18,000 Mississippians lived behind bars. (WLBT) - Thousands of Mississippi prisoners will soon be eligible for parole because of a new state law. House burglary and manslaughter are cases that the parole board, until July 1, have not seen," added Pickett. You can read more about Johns story here. Copyright 2022 - The Botanical Empress. Tate Reeves this afternoon signed a separate criminal justice bill. Through our philanthropic efforts, The Botanical Empress is helping shine a spotlight on individuals unjustly incarcerated for non-violent cannabis-related offenses. Last month, FWD.us, a criminal-justice reform organization, released a study with Rounds Consulting Group on the fiscal impact of loosening parole eligibility requirements. Unfortunately, the passage of this bill does not guarantee all inmates the opportunity for parole. If youre going to still hold that against (the defendant) and come back 10 years later and sentence (him, and say) Hey, what you did in 1995, is going to have an effect on what we sentence you to today,' he added. However, because he received his third conviction for possession of marijuana, the state was able to sentence him to serve a 30-year mandatory sentence under the habitual offender statute. 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. In a November 2019 report, FWD.us wrote that the more than 2,600 people in Mississippi prison today received habitual-offenders sentences. The exceptions to this are persons convicted of first or second-degree murder, human trafficking, drug trafficking, and habitual offenders, who remain ineligible for parole. FWD.us agreed that there is much more work to do. 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. 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. Brown, of Pontotoc County, who just turned 58, was sentenced to life without parole under the big law in 2008 for a rock of cocaine weighing less than two grams because of previous charges, including accessory to an armed robbery in the late 1980s. You're all set! Mississippi - FAMM They can go to the circuit court and file a civil case to vacate, set aside, or reduce the judgment. (1) Every prisoner who has been convicted of any offense against the State of Mississippi, and is confined in the execution of a judgment of such conviction in the Mississippi Department of Corrections for a definite term or terms of one (1) year or over, or for the term of his or her natural life, whose record of conduct shows that such prisoner Mississippi, like states across the country, followed the national trend with its own tough-on-crime reforms in 1995. I trust my Parole Board appointees to make wise decisions. Mississippi prison reform: Make House Bill 1024 bill retroactive The petition argues: No less than four (4) decisions from this court hold that in order to meet due process standards, a sentencing enhancement statute must contain a non-vague definition of the term crime of violence.. That makes no sense; that makes no sense to me.. 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. MISSISSIPPI LEGISLATURE REGULAR SESSION 2021 By: Senator(s) Barnett, Jackson (11th), Sparks, Butler, Wiggins, Jackson (32nd), Simmons (13th) SENATE BILL NO. We use cookies to optimize our website and our service. Explaining his 2020 veto at the time, the governor said he feared it would allow violent offenders to get an early release. We at Fwd.us are absolutely thrilled that legislators are recognizing this as an issue and are working to address it.. That day, Columbus Police Officers Wade Beard and Christopher Smith arrested him for possessing precursors for methamphetamine, a central nervous system stimulant used as a recreational drug. Correction: An earlier version of this story said that a FWD.us study found that Mississippi will save at least $584 million with a low parole grant rate or as much as $988 million a year with a moderate parole grant rate' by adopting the parole eligibility reform. We give prosecutors the sole. The Earned Parole Eligibility Act will let up to 3,000 Mississippi Unknown to Mitchell, Hewitt was acting as a Madison County Sheriff Department informant. Nearly 80% of those people are 40 or older, and 27% of them are 55 or older. Its cruel and unusual punishment, added Brown, who said she has two kids who were 12 and 7 when she was incarcerated. John McDonald is just one of many other victims of Mississippis harsh habitual offender law. Hollins anticipated release date from the Mississippi Department of Corrections custody is 2070 when he will be 95 years old. How Long for CBD Gummies to Work? Kendall Martin was sentenced to 60 years in prison for possession of marijuana without the possibility of parole. And not all are eligibilewe were able to ensure 1st and 2nd degree murderers cant get it. A Mississippi man will continue to serve a life sentence for a pot bust after a court upheld the lengthy term. I missed out on my childrens lives. My family began in 1996. Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. The Mississippi Free Press is a project of the Mississippi Journalism and Education Group, a 501(c)(3) nonprofit journalism organization (EIN 85-1403937). His only prior convictions were for possession of marijuana, and both of those occurred when he was a teenager. You got my 40? Ronnie Hewitt asked Jermaine Mitchell, who was then 29 years old, on the phone on Aug. 1, 2009. Bill Text: MS HB1024 | 2020 | Regular Session - LegiScan The new law, known as the Mississippi Earned Parole Eligibility Act, loosens Mississippis parole requirements, which are currently among the most restrictive in the nation. They later arrested Mitchell, and he faced trial in June 2010. New Mississippi Parole Law | The Coon Law Firm, PLLC They can never give me back what they took from me, never, she said. They have declined to hear the case, he said, while the U.S. District Court decided the case was without merit. Maximum sentencing with no hope for early release means thousands of prisoners are sitting in jail for extended periods of time. 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? He has won numerous awards, including Outstanding New Journalist in the South, for his work covering immigration raids, abortion battles and even former Gov. Mississippi Code 99-19-81 prescribed the maximum sentence, which comes without the possibility of parole, for a third felony conviction. Boyd then expected to face seven years imprisonment for that crime. And just because it seems an offender should be eligible based on time served doesnt mean theyll automatically be granted parole. They found drug paraphernaliawhich can be means of inhaling or injecting a controlled substancein her vehicle. State Sen. Juan Barnett, D-Heidelberg, the author of the bill, has previously said hes hoping to address issues such as the habitual offender laws in the future. , making early release possible for thousands of non-habitual offenders. His whole family could possibly be gone when he gets out of jail, Hollins brother, Larry, told FWD.us. The estimate refers to a 30-year period, not a single year. Does that make us any safer? By removing these habitual offender laws, Mississippi can begin to resolve its imprisonment issues. S.B. The April 17, 2018 ruling in Sessions v. Dimaya held that the precedent in Johnson also applied in other contexts, the petition argues. 2021 regular session. Why Are So Many Cannabis Offenders Still In Jail? This bill, which had been vetoed the previous year, is a huge step in the right direction for MS. The sentence was a mandatory minimum under Mississippis habitual offender laws, which are some of the harshest in the country. At the time of Browns conviction, the Mississippi statute did not provide a definition as to what constitutes a violent crime, the petition argues. In Mississippi, someone facing a conviction for a second drug offense faces twice the maximum years in prison. These are laws that require harsher sentencing for perceived repeated offenders. Latino said there are about 90 inmates in Mississippi who, like Drummer, are serving life-without-parole because of a third non-violent felony following earlier violent ones. Nearly 250 people are serving 20+ year habitual penalties for nonviolent offenses, the FWD.us report added. Almost 36,000 people have signed a Change.Org petition asking Gov. This was commonly referred to as good time and was completely distinct from parole. Front-runners come under attack during lackluster debate f Woman has 'loud, full body orgasm' in the middle of LA concert, Bride killed, groom seriously hurt by drunk driver just minutes after leaving reception, All the red carpet highlights and star-studded fashionfrom the Karl Lagerfeld-themed Met Gala, The best-dressed celebs at the 2023 Met Gala: Rihanna, Gisele Bndchen, more, Kim Kardashians Met Gala 2023 look sparks comparisons to Playboy cover, Kim Kardashian, Pete Davidson reunite at Met Gala 9 months after breakup, Khristina Williams previews the New York Liberty's 2023 WNBA season, Elon Musk Tells Bill Maher Woke Mind Virus Is Dangerous On Real Time, Katy Perry will be temporarily replaced on 'American Idol' amid drama. With the legislative maelstrom, you have to make decisions about what is going to move and what is possible in a given legislative session, and I think there was more appetite to take up parole reform as a priority this year as opposed to the habitual reform issue, Latino told the Mississippi Free Press. By the time of his scheduled release, he is expected to be 96 years old! When Tameka Drummer celebrates her 47th birthday inside Rankin Countys Central Mississippi Correctional Facility in three days, she will be no closer to leaving prison than she was on her 37th birthday. 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 . You can read more about Chriss story here. We give prosecutors the sole discretion to throw a life away forever over marijuana or a bad check. Steffey said the fact the statute has been amended to give a more clear definition of what is a violent crime tells the court that deciding this case wouldnt be a wholesale shake up to the states criminal justice system, only affecting a finite group of people who are similarly situated to Brown. When Williams came back, joined Hollins in the vehicle and sat on the passengers side, the law-enforcement officers immediately arrested both men. 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. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. One of the reasons Mississippi has such high levels of incarceration is due to its habitual offender laws. Reeves is helping to address the overcrowding problems created by the Clinton-Biden Crime Bill in the mid-1990s. 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. The police placed Wilson in a room at Airport Inn (716 Highway 80 E. Flowood) and gave her $200 on Dec. 28, 2008. He estimated that more than one in 10 prison inmates in Mississippi are there with enhanced sentences as habitual offenders., And some of those are doing life for minor drug offenses, he added. | Mississippi Center for Investigative Reporting, Your California Privacy Rights/Privacy Policy. 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]. Like a number of other states, Mississippi has two habitual offender laws, referred to as the "big" and "little" laws. 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. Large majorities of lawmakers in both of Mississippis Republican-dominated chambers approved the changes earlier this year. Overcrowded prisons lead to poor conditions, a lack of resources, and an economic drain as well as an incalculable impact on affected communities. Drummer and Brown could be moms again and Mississippians could live up to our Christian ideals. This information is not intended to create, and receipt The fact that SB2795 does not allow habitual offenders an opportunity for earned parole is a huge blow to the MS corrections system. Latino did not address the ruling specifically, but said he believes Mississippi will need to make changes to the way it handles juvenile justice issues moving forward in order to avoid federal intervention. 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! It is more than I can bear to think about. Legislative deadlines last month killed a bill that would have made parole possible for Drummer and hundreds of inmates like her, but other inmates and families could get a reprieve after Gov. 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. We apologize for this error. He's one of 2,600 people incarcerated as a result of the state's three strikes laws. The information on this website is for general information purposes only. The Court of Appeals held that the Circuit Court erred by denying Alexander's motions for funds to hire a mitigation investigator and an adolescent-development psychologist for his Miller v. So, they cant be paroled.. While this would be a major improvement to the current legislation, the true end goal MS should have is the removal of habitual offender laws entirely. His first offense occurred when he was 19 years old. The bill provides for a change to Mississippi Code 99-19-81 and Mississippi Code 99-19-83 for habitual sentencing to be activated only when a defendant commits a violent offense as defined by Mississippi Code 97-3-2, and one of the two previous felony convictions was a violent offense. The Clarion Ledger: Local journalists telling Mississippi stories. Non-violent habitual offenders (aka "little" habitual) may now petition the sentencing court for parole eligibility. 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. 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. It will take effect on July 1. lawmakers must continue to work on changing the states harsh habitual sentencing laws, further safely reducing Mississippis prison population, and strengthening families and communities across our state., I dont know all the facts of the case, but I am not considering pardoning her or anyone else at this time,. One of the reasons Mississippi has such high levels of incarceration is due to its habitual offender laws. MS prison crisis: repeat offenders serving life for nonviolent crime 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. Gov. The two deputies waited for several minutes outside, and after Hewitt left the house, they followed him back to a different location and collected the recording device. Habitual Offender Laws in Louisiana, Mississippi Trap Thousands in Prison The circuit court re-sentenced Boyd in July 2013. According to uscourts.gov, the U.S. Supreme Court hears about 100-150 of the more than 7,000 cases it is asked to review in a year. Parole - MS 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. Bill SB2795 is a small nudge in the right direction. Copyright 2021 WLBT. After Hewitt got an affirmative response from Mitchell, he drove to his house with Curtis and another deputyJohn Harrisfollowing in another vehicle. Push coming across political spectrum. Hewitt was calling Mitchell to buy $40 crack cocaine. Reeves suggested he may not support future efforts if they include relaxing habitual offender laws. Tate Reeves signed the medical marijuana bill into law on Feb. 3, 2022. Our hard-earned tax dollars are being used to lock these women up. You can read more about Kendalls case here. Were not going to suddenly see a 25% reduction in the prison population. This is what the habitual sentencing law does. We apologize for this error. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. Pickett says the law change will make around 4,000 offenders eligible for parole. Anatomy of Journalistic Impact: FedEx Driver DMonterrio Gibsons Story, Activist Mulls FedEx Boycott for Treatment of Black Worker Chased and Fired On in Brookhaven. Since 2010, Hollins has been serving a 60-year sentence due to drug offenses.