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. Tate Reeves to pardon a woman sentenced to life in prison without parole as a habitual offender for . 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 trust my Parole Board appointees to make wise decisions. 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 April 17, 2018 ruling in Sessions v. Dimaya held that the precedent in Johnson also applied in other contexts, the petition argues. As such, prisoners are still facing a health crisis in overcrowded complexes. And unless our lawmakers implement much-needed reforms, they will never go home. 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. We observed as the board asked questions of an offender Wednesday, ranging from who hed live with if released, to whether hed had any rule violations while incarcerated. Rapists and murderers do not get the type of sentence I have, Brown said. 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. Its members, who are appointed by the governor and confirmed by the Senate, will decide whether or not to grant parole by assessing factors such as inmate behavior. 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. Three of the major changes are as follows: . The sentence was a mandatory minimum under Mississippis habitual offender laws, which are some of the harshest in the country. Tate Reeves this afternoon signed a separate criminal justice bill. 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. Life without parole, people dont realize life without parole is a death sentence. And it allows you some accountability for everybody, the lawmaker added. 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 has one of the most severe habitual offender laws in the nation. 2795 . 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. 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. Reeves vetoed a more expansive parole reform bill last year. Like a number of other states, Mississippi has two habitual offender laws, referred to as the big and little laws. Senate Bill 2795 constitutes a fundamental shift in the parole rules and procedures in the State of Mississippi. So, we take each one individually.. 125 S. Congress Street #1324Jackson, MS 39201[emailprotected][emailprotected]601-362-6121. Mississippi has some of the highest rates of overcrowding than any other state. Many of those who pushed for parole reform referenced the cost savings to the state taxpayers, but board member Jim Cooper says that wont play into their decisions. He cited Mississippi Code 99-19-81 due to the conviction being a third felony offense and Mississippi Code 41-29-147 because Houser was a subsequent drug offender, the Mississippi Appeals Court stated in its Aug. 29, 2009, opinion affirming the sentence. The reason these two codes are infamous is that they require the minimum sentencing to be the maximum sentencing. By 2000, more than 18,000 Mississippians lived behind bars. 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. I think the argument is serious and needs resolution, but its a long shot, not just because all petitions for cert are a long shot, but because, in part, this issue has already been solved by the state of Mississippi, Steffey said. Juan Barnett, Brice Wiggins and Daniel Sparks, as well as Lt. Gov. These laws often mandate long jail sentences for non-violent crimes, such as drug-related offenses. Hewitt was calling Mitchell to buy $40 crack cocaine. Rep. Bain also proposed HB 0413, which died in committee, which would have modified Mississippi Code 99-19-81 to have the habitual-offenders sentence applied to a crime committed within 15 years of the previous two offenses. Get free summaries of new opinions delivered to your inbox! 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. She told him on the phone that she wanted to buy $200 worth of cocaine. It should be one penalty for one crime, Patsy said. Save my name, email, and website in this browser for the next time I comment. Sen. Wiggins, one of the legislations sponsors, thanked the governor in a tweet today. My family began in 1996. Rep. Bennie Thompson, the only remaining member from that period as well as the states only current Black or Democratic member of Congress, voted for it. Alexander v. Mississippi :: 2022 :: Supreme Court of Mississippi 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. More than half the women in our Mississippi prisons are serving sentences for drugs or other non-violent crimes. The sentence equates to a life sentence for Martin, who has never been convicted of anything violent before in his life. What Is a Habitual Offender? - LegalMatch Law Library Christopher Butler was convicted of possession of marijuana in the state of Mississippi. And there is no time cut off for how far back you can go, she added. Habitual Offender Laws in Louisiana, Mississippi Trap Thousands in Prison 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. Almost 36,000 people have signed a Change.Org petition asking Gov. 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. On Oct. 6, 2010, the jury saw all of this on film, leading to a guilty verdict. After the mid-decade changes, though, the states inmate population skyrocketed, even as the states overall population stagnated. The estimate refers to a 30-year period, not a single year. HB 981 gives people sentenced as habitual offenders an option after they have served the lesser of 20% or 15 years of their sentence. We use cookies to optimize our website and our service. But because of the three violations, a Lowndes County Circuit Court judge legally enhanced his sentence on Dec. 7, 2007, and sent him to prison for 60 years without eligibility for parole. Leading to overcrowded prisons and undue impacts throughout the United States. This law has ruined Johns life, as he has been unable to be there for his family or watch his children grow up. Bill SB2795 is a small nudge in the right direction. His tentative release date is 2129 at age 148. The Mississippi Free Press is a project of the Mississippi Journalism and Education Group, a 501(c)(3) nonprofit journalism organization (EIN 85-1403937). FWD.us agreed that there is much more work to do. 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. 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. New Mississippi Parole Law | The Coon Law Firm, PLLC 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. 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.. The absurdity of gov banning cigarettes but legalizing pot, The good, bad and the ugly in Albany budget sausage-making, Albany lawmakers hash out ways to deal with NYCs illegal weed shops as part of $227B state budget. It should be seen as a signal to the Department of Justice that we are prepared to get our own house in order, without costly federal intervention, Latino, Empower Mississippis president, said in his statement this afternoon. 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. Sex offenders, habitual offenders and those that have committed capital offenses wont be seen. Terms of the habitual offender law 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.. 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. 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. Good policy takes time and at times a 2nd look. 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. My faith reminds me I'm only saved because of God's grace and mercy. 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. A majority of judges in Mississippi are still abiding by the habitual offender laws and not granting requests from habitual offenders. HB 234 (As Introduced) - 2021 Regular Session These laws often mandate long jail sentences for non-violent crimes, such as drug-related offenses. House burglary and manslaughter are cases that the parole board, until July 1, have not seen," added Pickett. Unknown to Mitchell, Hewitt was acting as a Madison County Sheriff Department informant. Nothing on this site should be taken as legal advice for any individual Unfortunately, other states that have enacted three-strikes rules still maintain persecution of non-violent drug crimes. The #msleg addressed ur issue and sent you a bill you could sign, he wrote. The Mississippi Court of Appeals vacated Norris Alexander's life-without-parole sentence as a habitual offender under Mississippi Code Section 99-19-81 (Rev. Under the little law, someone is sentenced to the maximum possible prison sentence upon conviction of their third felony. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. 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. List of Mississippi's habitual offenders serving life for nonviolent crime Jimmie E. Gates Mississippi Clarion Ledger 0:00 0:38 The youngest is 35 and the oldest is 71, but both are serving. 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. Photo courtesy Mississippi Department of Corrections Before the Aug. 1 call, Madison County Deputy Trey Curtis had wired Hewitt with an audiovisual recording device. There are no words to describe the trauma it would cause him to be forever separated from me. After Hewitt got an affirmative response from Mitchell, he drove to his house with Curtis and another deputyJohn Harrisfollowing in another vehicle. 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. 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]. When a prison has breached its capacity resources become scarcer, the treatment of prisoners worsens, and violence and sickness skyrocket. Mississippi hands down long prison sentences while providing few, if any, opportunities for release. Mississippi's habitual offender laws are causing "extreme" prison sentences that are disproportionately affecting African American men and are costing the state millions of dollars for decades of incarceration, according to a new report released Tuesday, Nov. 19, 2019, by a nonprofit . For Many Prisoners, Mississippi's Habitual Offender Laws Are Like 'Death Sentences' One man, Paul Houser, is serving 60 years on a drug conviction for purchasing cold medicine and batteries. For example, Washington state was one of the first states to implement three-strikes legislation, which does not encompass non-violent drug-related offenses. 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. The habitual sentencing law is used by district attorneys to prosecute people for all offenses, including nonviolent crimes like shoplifting or drug possession. 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. Unless something changes, Patricia Brown will spend the rest of her life inside a Mississippi prison, all because of a $20 rock of cocaine. The circuit court re-sentenced Boyd in July 2013. After petitioners urged Reeves to grant Drummer a pardon last year, the governor said he did not plan to do so at the time. There is plenty of strong weed out there, but some, If you are consuming cannabis and THC, it is essen, CBD and THC are both phytocannabinoids that come f, incarcerated for marijuana-related offenses. Bain, first elected to the Legislature in 2012 as a . 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. Madison, His son Paul Jr. said he regrets not having his father around to experience life with him. The money that it takes to incarcerate someone is never a factor. I have a 4-year old son. House Bill 796 would have ended the practice of sentencing people with prior violent felonies to life in prison without parole on the basis of a non-violent third felonythe exact scenario that resulted in Drummers sentence. thanked the governor in a tweet today. MS prison crisis: repeat offenders serving life for nonviolent crime Under Mississippi's habitual-offenders law, Jermaine Mitchell will stay in prison until 2129 for selling $40 crack cocaine in 2009. It will give some of the habitual offenders the right to be reassessed; it will give them a right to be re-sentenced and, you know, quite frankly, to give them some hope of getting out, which makes it easier for MDOC to manage those types of offenders, Bain said. Other states who possessed similar habitual offender laws have remodeled their legislation to three-strikes laws. The law also contains a significant change for non-violent 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. This is important for habitual drug offenders. The Mississippi Free Press is a nonprofit, nonpartisan 501(c)(3) focused on telling stories that center all Mississippians. 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. In a way that we think is common sense, that it is smart on crime and soft on taxpayers. Over 1,000 people for every 100,000 are in some form of prison or detention center. Despite new state law, dozens imprisoned in Mississippi for nonviolent The Madison Circuit Court based its sentencing on Mississippi Code 4129147. 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). Hewitt stayed for a few more minutes talking about various issues, then left. The primary changes will be non-violent drug offenses. In 2021, the governor of Mississippi Tate Reeves signed a new bill into law that should counteract these habitual offender laws. Brown is also a mother, and she is 12 years into her life without parole sentence, also in Pearl. The #msleg addressed ur issue and sent you a bill you could sign, he wrote. Before the Aug. 1 call, Madison County Deputy Trey Curtis had wired Hewitt with an audiovisual recording device. Our mission is to educate the public on the healing properties of natural herbs and plants. If one of those felonies was violent, however, the big law ensures the person will be sentenced to life without parole. Nearly 80% of those people are 40 or older, and 27% of them are 55 or older. Anything that diminishes the number of people serving habitual life sentences is good for society and good for the individual.. 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. Mississippis COVID-19 Recovery Is Real, Experts Say. We look at who they are, what theyve done, why theyre where they are, what theyre likely to do when they get out. 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. He pointed to James Vardaman, a man who was sentenced to life-without-parole in 2005 after being charged with possession of illegal drugs with intent to manufacture. Currently, a few laws in the Mississippi justice system mandate minimum sentencing for habitual offenders. You can read more about Kendalls case here. Maximum sentencing with no hope for early release means thousands of prisoners are sitting in jail for extended periods of time. John was arrested and charged with possession of marijuana, a nonviolent offense, and was sentenced to 60 years in prison. Under state law, possession of between 1.05 and 8.8 ounces of marijuana carries a sentence of up to three years, a $3,000 fine, or both, the AP said. 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. 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. 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. Sign up for our free summaries and get the latest delivered directly to you. Report: Mississippi laws cause 'extreme' prison sentences I want another chance at life, you know? Madison County Men Sentenced to 150 Years in Prison for Drug Offenses Pickett says the law change will make around 4,000 offenders eligible for parole. 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. Mississippi - FAMM 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. 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. Through our philanthropic efforts, The Botanical Empress is helping shine a spotlight on individuals unjustly incarcerated for non-violent cannabis-related offenses. This is what the habitual sentencing law does. We've received your submission. Habitual offender sentence under 99-19-81 or 99-19-83 must serve his sentence day for day. And were looking for those that wont be a threat to the public and those that have a good re-entry plan.. Rep. The misdemeanor offense attracts up to $500 in fines and six months in prison or both. Copyright 2021 WLBT. Allowing the opportunity for parole will prevent people from serving absurdly long sentences for non-violent crimes. 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. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. His first offense occurred when he was 19 years old. This is just one important step, Judkins said in todays FWD.us statement today. Why Are So Many Cannabis Offenders Still In Jail? We have the second-highest rate of imprisonment in the entire country, she said. And no one gets out JUST because they are older. 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. Miss. habitual offender law case may be considered by U.S. Supreme Court