Mississippi jails and prisons held 8,158 inmates in 1990. 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. 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. But What Comes Next? 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. Advocates have noted this can lead to life sentences for anything from drug charges to shoplifting. Then-Sen. Joe Biden authored and then-President Bill Clinton signed the 1994 crime bill, creating harsh sentencing requirements (both men have since called for reversing those policies). 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. More: Parole, habitual offenders: Bills designed to lower Mississippi prison population His sentence was so high because he had previous felony arrests on drug charges one in 2002, and. 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. She called Hollins, whom she knows only by his nicknameTefalon, from her room. 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. The enactment of HB 585 impacted Mississippi's parole laws in several significant ways. Rapists and murderers do not get the type of sentence I have, Brown said. On Oct. 6, 2010, the jury saw all of this on film, leading to a guilty verdict. 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. When Tameka Drummer celebrates her 47th birthday inside Rankin Countys Central Mississippi Correctional Facility in three days, she will be no closer to leaving prison than she was on her 37th birthday. The Mississippi Court of Appeals ruled against Brown in 2009, and Brown filed further, unsuccessful appeals to the state Supreme Court. These extreme sentences tear families apart with little to no hope of reunification. You're all set! Large majorities of lawmakers in both of Mississippis Republican-dominated chambers approved the changes earlier this year. Mississippi Code 4129147 mandates a doubling of the sentence for a second or subsequent drug offense. In Matthew 25, the scripture talks about the 2nd coming of the Lord and how hes going to separate the sheep from the goats, said Parole Board chairman Steve Pickett. Does that make us any safer? document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Thanks for contacting us. Boyd then expected to face seven years imprisonment for that crime. 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. Browns attorney, Jim Waide of Tupelo, is appealing to the U.S. Supreme Court on the grounds that what is defined as a violent crime under the statute is unconstitutionally vague. This is just one important step, Judkins said in todays FWD.us statement today. State law allows for a life sentence without parole if a person has spent a year in prison on two separate felonies, one of which must be a violent offense, according to the Associated Press/Report for America. Felony crimes in Mississippi include possessing certain amount of drug, drug sale, rape, sexual violence, murder, manslaughter, domestic violence and robbery. Maybe best of all, habitual offenders are not included in this bill, he wrote. 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. Delbert Hosemann and Speaker Philip Gunn. 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 . 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. 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. 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 . Mississippi's Top Court Upholds Life Sentence For Weed Conviction By 'Habitual Offender' Russell Allen was found guilty in 2019 of being in possession of less than 2.5 ounces of weed. Sex offenders, habitual offenders and those that have committed capital offenses wont be seen. 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. Youd be surprised how often young people especially cant meet the standards because they have telephones, described board member Nehemiah Flowers, Jr. Theyll sneak in or various and sundry items theyre not supposed to have. We 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. Disclaimer: These codes may not be the most recent version. 99-19-81, Mississippi Code of 1972, is amended as follows: 99-19-81. Photo courtesy Mississippi Department of Corrections Before the Aug. 1 call, Madison County Deputy Trey Curtis had wired Hewitt with an audiovisual recording device. , loosens Mississippis parole requirements, which are currently among the most restrictive in the nation. That makes no sense; that makes no sense to me.. Mississippi Code 99-19-83, as it now stands, mandates that if one of the earlier convictions was for a violent crime, even if the third felony is not, the court must sentence the defendant to life imprisonment without the option of parole. Mississippi jails and prisons held 8,158 inmates in 1990. Copyright 2021 WLBT. He gets 60 years, and Ill be 90 years old. Anything that diminishes the number of people serving habitual life sentences is good for society and good for the individual.. The technical storage or access that is used exclusively for anonymous statistical purposes. Even after they become eligible, the State Parole Board must approve their release. The Madison Circuit Court based its sentencing on Mississippi Code 4129147. 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. We at Fwd.us are absolutely thrilled that legislators are recognizing this as an issue and are working to address it.. The technical storage or access that is used exclusively for anonymous statistical purposes. And I think that thats a serious problem, a serious policy problem for the state, especially those that are doing live on a marijuana charge, now that we have essentially allowed for medical marijuana in the state.. Those who are eligible must first serve 25% of their sentencing or, if they were sentenced to 30 years or more, they must serve at least 10 years before they may be considered. Mississippi has been my family's home for more than 200 years. 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. Over 1,000 people for every 100,000 are in some form of prison or detention center. Russell did more than eight years in prison on two home burglary charges and spent another two years in the clink after a conviction for unlawful possession of a firearm, according to the Mississippi Court of Appeals ruling. Mississippis two U.S. senators at the time, Republicans Trent Lott and Thad Cochran, also voted for it. 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. 2020). 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. 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! Before the Aug. 1 call, Madison County Deputy Trey Curtis had wired Hewitt with an audiovisual recording device. Good policy takes time and at times a 2nd look. 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. Until May 5, 2006, 23 years later, Houser had no other felony on his record. Nine hundred and six people received 20 or more years in prison, with nearly half of them439 peopleserving a life or virtual life sentence of 50 years or more, and 449 are aged 50 or older. It is more than I can bear to think about. 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 a full, multi-year implementation of the criminal justice reforms passed in 2014 and 2021 before any additional legislation regarding habitual . (a) Habitual offenders. Several judges on the court dissented from the majority opinion. By 2000, more than 18,000 Mississippians lived behind bars. Reeves press secretary also has said the governor believes the state should focus on implementing 2014 and 2021 reforms, as well as rebuilding broken reentry programs, before additional legislation regarding habitual offenders is considered. Parole eligibility set to expand in Mississippi under new law, This is a terrible tragedy: Jackson police recruit, former firefighter dies, Beloved Mississippi school bus driver killed during crash with 18-wheeler, Eleven players with Mississippi ties selected in 2023 NFL Draft, Marshand Crisler says he will stay in the race for Hinds County sheriff, Belhaven football puts a smile on the face of little girl, City of Byram awarded thousands of state dollars for infrastructure projects, Request a First Alert Weather School Visit, Advertising Non-Discrimination Certification. 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. Jacqueline Rudder is a lifelong Mississippian who currently resided in Madison County with her husband Beau and their two young sons. Nothing on this site should be taken as legal advice for any individual The new law does not expand eligibility options for violent crimes like murder or sexual assault. 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. He hopes to one day be released from prison and use his experiences to help educate young people caught in the judicial system. One of the reasons Mississippi has such high levels of incarceration is due to its habitual offender laws. The Mississippi Court of Appeals wrote in 2012 that Dwayne Boyd was convicted of the sale of marijuana, greater than thirty grams but less than one kilogram, within 1,500 feet of a school or within 1,000 feet of the real property of a school.. We apologize for this error. You got my 40? Ronnie Hewitt asked Jermaine Mitchell, who was then 29 years old, on the phone on Aug. 1, 2009. You can read more about Johns story here. 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. What is a Habitual Offender? 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. The Clarion Ledger: Local journalists telling Mississippi stories. They found drug paraphernaliawhich can be means of inhaling or injecting a controlled substancein her vehicle. Were not going to suddenly see a 25% reduction in the prison population. Their incarceration rates are through the roof and they must take the steps to lower them. An automated email reply on Thursday from Pillow indicated that he will not be back in office until Feb. 16, and has only periodic access to email until then. In a November 2019 report, FWD.us wrote that the more than 2,600 people in Mississippi prison today received habitual-offenders sentences. Phil Bryants unusual work with The Bad Boys of Brexit" at the Jackson Free Press. This is the kind of reform that will take four or five years for us to see the real benefits of. 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. These are laws that require harsher sentencing for perceived 'repeated offenders'. His son Paul Jr. said he regrets not having his father around to experience life with him. 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. Alternatively, the current codes can be adjusted to ensure non-violent offenders or those who already served time for prior offenses are not mandated to receive the max sentence. 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. Drummer and Brown could be moms again and Mississippians could live up to our Christian ideals. Mississippi has the second highest imprisonment rate in the country, and this habitual sentencing law is a big part of the problem. After Hewitt got an affirmative response from Mitchell, he drove to his house with Curtis and another deputyJohn Harrisfollowing in another vehicle. Allen Russells life sentence was upheld by a state appeals court Tuesday due to his habitual offender status from past run-ins with the law. (a) Habitual offenders. She told him on the phone that she wanted to buy $200 worth of cocaine. 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. Too many incarcerated Mississippians were left out of this years criminal justice reform package and must be prioritized in future ones.. Mississippi Code 99-19-81 prescribed the maximum sentence, which comes without the possibility of parole, for a third felony conviction. It is in the best interest of all of us that every state with habitual offender laws begins to take the steps to remove them. Allen Russell's life sentence was upheld by a state appeals court Tuesday due to his. I dont know all the facts of the case, but I am not considering pardoning her or anyone else at this time, the Associated Press reported him saying. More than half the women in our Mississippi prisons are serving sentences for drugs or other non-violent crimes. Gov. Map & Directions [+]. 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. Its heartbreaking, I just wish he had some kind of hope, some kind of something that he could look forward to, but all you see is the nightmare that hes surrounded by, Paul Houser said. 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. To Hate Is to Lack: Of Racism and Raw Sienna. And just because it seems an offender should be eligible based on time served doesnt mean theyll automatically be granted parole. Overcrowding in prison systems is synonymous with human rights violations. Under current law, prosecutors were able to multiply his sentence due to prior convictions. There are thousands of people who will gain parole eligibility who dont have parole eligibility, Latino said. REGULATE HABITUAL OFFENDERS; TO REMOVE RESTRICTIONS FOR REDUCTION OF PAROLE; TO AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING CHANGES; AND FOR RELATED PURPOSES. Review these facts about the habitual offender law if you or a loved one faces criminal prosecution in Mississippi. The sentence was a mandatory minimum under Mississippis habitual offender laws, which are some of the harshest in the country. A lack of a re-entry plan is another common limiting factor according to board members who say offenders often dont have anywhere to go if released. 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. by declining to reverse a life-without-parole sentence for a Mississippi inmate who was convicted at age 15. will save at least $584 million with a low parole grant rate or as much as $988 million a year with a moderate parole grant rate' by adopting the parole eligibility reform. The petition argues that the void for vagueness issue was not raised, as the court cases the appellate court relied on had not yet been decided. Two Mississippi state senators and four state representatives filed 13 bills in the 2022 legislative session to reform the habitual offenders laws in the state: Sens. With your gift, we can do even more important stories like this one. 2060 Main St. For example, Washington state was one of the first states to implement three-strikes legislation, which does not encompass non-violent drug-related offenses. House burglary and manslaughter are cases that the parole board, until July 1, have not seen," added Pickett. This bill, which had been vetoed the previous year, is a huge step in the right direction for MS. Why Are So Many Cannabis Offenders Still In Jail? 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. Christopher Butler was convicted of possession of marijuana in the state of Mississippi. How Long for CBD Gummies to Work? The fact that SB2795 does not allow habitual offenders an opportunity for earned parole is a huge blow to the MS corrections system. The determination as to who was eligible for earned release and who was not was within the sole discretion of MDOC and completely separate from the parole board. 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. 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. The technical storage or access that is used exclusively for statistical purposes. His first offense occurred when he was 19 years old. All rights reserved. The law also mandates that violent offenders must have a parole hearing before being released. They have declined to hear the case, he said, while the U.S. District Court decided the case was without merit. One of the reasons Mississippi has such high levels of incarceration is due to its habitual offender laws. You can read more about Chriss story here. 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. You can read more about Kendalls case here. To get a lesser punishment, Wilson agreed to be a confidential informant for the Flowood police and bait a cocaine seller. The study found that the Mississippi Earned Parole Eligibility Act will save at least $584 million with a low parole grant rate or as much as $988 million over a 30-year-period with a moderate parole grant rate., In signing this bill, Gov. Mississippi has one of the most severe habitual offender laws in the nation. Now is the time to redeem ourselves, and now is the time for our leaders to act. Pickett says the law change will make around 4,000 offenders eligible for parole. Shortly after the call, a man named Gene Williams knocked on Wilsons room. A majority of judges in Mississippi are still abiding by the habitual offender laws and not granting requests from habitual offenders. 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.. Rep. So, they cant be paroled.. 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. Brown said, if she were out of prison, shed be with her children and grandchildren and taking care of her aging mother. 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. His communications director, Rob Pillow, at press time, has not replied to Wednesday, Feb. 9, and Thursday, Feb. 10, emails for comments on this story. 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. In 2020, prisoners were provided little to no healthcare resources during the height of the pandemic. This story was produced by the nonprofit Mississippi Center for Investigative Reporting. 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 . He earned a post-graduate diploma in journalism from the International Institute of Journalism in Abuja, Nigeria, in 2011. Early Releases Could Save Mississippi Nearly $1 Billion 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. Parole-eligible inmates serving time for non-violent crimes currently must complete at least 25% of their sentence before they can get a parole hearing. Its cruel and unusual punishment, added Brown, who said she has two kids who were 12 and 7 when she was incarcerated. The Mississippi Free Press is a nonprofit, nonpartisan 501(c)(3) focused on telling stories that center all Mississippians. And then the courts just up and took my life away from me and not only me, my children. But lawmakers opted for the narrower reforms this year after Gov. So offering some type of loopback for how far back the prosecutor can go before they charge you as a habitual offender (will help).. We have over 2,600 people serving sentences under the habitual law. 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. By removing these habitual offender laws, Mississippi can begin to resolve its imprisonment issues. We give prosecutors the sole discretion to throw a life away forever over marijuana or a bad check. While the deal was going down inside the motel, the 6-feet-tall Hollins sat in the drivers seat of a car outside the motel, and waited for the conclusion of the transaction. The third felony doesnt have to be violent for the law to take effect. You already receive all suggested Justia Opinion Summary Newsletters. His only prior convictions were for possession of marijuana, and both of those occurred when he was a teenager. In order to truly combat the harms of the MS prison complex, habitual offender laws must be mitigated. John McDonald is just one of many other victims of Mississippis harsh habitual offender law. 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. I have a death sentence for a simple possession charge, said Brown in a phone interview. 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. In an opinion affirming the sentence, the Mississippi Court of Appeals wrote on Nov. 8, 2011:The circuit court determined that Mitchell was eligible for two sentence enhancements: the subsequent-drug-offender enhancement and the habitual-offender enhancement.. You can explore additional available newsletters here. I trust my Parole Board appointees to make wise decisions. High rates of imprisonment are inherently disastrous. We've received your submission. 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. We use cookies to optimize our website and our service. Currently, a few laws in the Mississippi justice system mandate minimum sentencing for habitual offenders. She was arrested after less than $20 of cocaine fell out of her pocket. The circuit court re-sentenced Boyd in July 2013. This resulted in thousands of prisoners and prison staff becoming infected. Tate Reeves this afternoon signed a separate criminal justice bill, Senate Bill 2795, making early release possible for thousands of non-habitual offenders. Before, being sentenced as a "little" habitual offender meant the maximum sentence . On June 30, 2010, the Madison County Circuit Court sentenced Mitchell to the maximum sentence of 60 years and doubled it to 120 years without the possibility of parole. He crisscrossed various editorial positions beginning in 2010 before moving to the United States with his family in 2019. The inmate is sentenced as a habitual 121 offender under Sections 99-19-81 through 99-19-87; 122 2. JACKSON, Miss. As of July 1, 1995 all sex crimes became mandatory. Inaction on habitual laws mean that individuals like Tameka Drummer, who is serving a habitual life sentence for marijuana possession, and Paul Houser, who is serving a 60-year habitual sentence for a drug conviction, remain indefensibly behind bars.
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