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.. Copyright 2021 WLBT. You can explore additional available newsletters here. 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. 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. 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. 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. 3 major changes to Mississippi's parole laws - Eichelberger Law Firm, PLLC Non-violent habitual offenders (aka "little" habitual) may now petition the sentencing court for parole eligibility. Well, what were trying to do is pick out a few sheep amongst a lot of goats. These extreme sentences tear families apart with little to no hope of reunification. The Earned Parole Eligibility Act will let up to 3,000 Mississippi 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. 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. 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. The habitual sentencing law is used by district attorneys to prosecute people for all offenses, including nonviolent crimes like shoplifting or drug possession. The Clarion Ledger is local journalists telling local stories. Alexander v. Mississippi :: 2022 :: Supreme Court of Mississippi 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 technical storage or access that is used exclusively for statistical purposes. 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. Tate Reeves touted in a statement after it passed. Mississippis COVID-19 Recovery Is Real, Experts Say. 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. 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. To Hate Is to Lack: Of Racism and Raw Sienna. 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. At the time of Browns conviction, the Mississippi statute did not provide a definition as to what constitutes a violent crime, the petition argues. Reducing Harsh Sentencing Goal of House Bill to Limit Maximum 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 use cookies to optimize our website and our service. MS "The primary changes will be non-violent drug offenses. 2020). On Oct. 6, 2010, the jury saw all of this on film, leading to a guilty verdict. Any inmate that has not been convicted of a crime of violence may petition the trial court for parole eligibility after serving only 25% of their sentence. Before that day, Flowood police had arrested Wilson during a traffic stop. 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. So, they cant be paroled.. 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. They later arrested Mitchell, and he faced trial in June 2010. The Mississippi Court of Appeals ruled against Brown in 2009, and Brown filed further, unsuccessful appeals to the state Supreme Court. 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. 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. There are a few crimes like armed robbery that require the inmate to serve at least 60% of their sentence. Today is a big day for Mississippians across the state, particularly for people and families who sadly, know firsthand just how devastating the states incarceration crisis is, and who have, alongside other advocates, pushed to ensure meaningful opportunities for release for their loved ones, FWD.us Mississippi State Director Alesha Judkins said in a statement on behalf of the pro-criminal justice reform organization today. HB 981 gives people sentenced as habitual offenders an option after they have served the lesser of 20% or 15 years of their sentence. It is failing our state, and it is hurting all of us but there is a better way forward. 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. 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. She told him on the phone that she wanted to buy $200 worth of cocaine. 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. Anything that diminishes the number of people serving habitual life sentences is good for society and good for the individual.. But What Comes Next? 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. 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. 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. 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. We apologize for this error. Tate Reeves this afternoon signed a separate criminal justice bill, Senate Bill 2795, making early release possible for thousands of non-habitual offenders. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. We've received your submission. Housers stepmother Pasty, his mom Julie and son Paul shared thoughts on the impact of the jail sentence on them in an FWD.us report in 2019. Unknown to Mitchell, Hewitt was acting as a Madison County Sheriff Department informant. Despite new state law, dozens imprisoned in Mississippi for nonviolent FILE - In this June 12, 2015, file photo, fencing surrounds the Hinds County Detention Center in Raymond, Miss. He earned a post-graduate diploma in journalism from the International Institute of Journalism in Abuja, Nigeria, in 2011. I might not even be here. Does that make us any safer? 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.. The #msleg addressed ur issue and sent you a bill you could sign, he wrote. Delbert Hosemann and Speaker Philip Gunn. I missed out on my childrens lives. Since then, Covid-19 has not been eradicated just yet. This is what the habitual sentencing law does. 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. Unless something changes, Patricia Brown will spend the rest of her life inside a Mississippi prison, all because of a $20 rock of cocaine. Shortly after the call, a man named Gene Williams knocked on Wilsons room. Gregory Hollins brother, Larry, said that the law of habitual offenders confused him. 'Habitual Offenders' Spend Decades in Mississippi Prisons For Drug and Madison, 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. S.B. 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 . We look at who they are, what theyve done, why theyre where they are, what theyre likely to do when they get out. Save my name, email, and website in this browser for the next time I comment. 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. You can read more about Chriss story here. Court upholds life sentence for Mississippi man convicted of marijuana Brown is also a mother, and she is 12 years into her life without parole sentence, also in Pearl. 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. Too many incarcerated Mississippians were left out of this years criminal justice reform package and must be prioritized in future ones.. 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. Daniel H. Sparks, R-Belmont, and Derrick T. Simmons, D-Greenville; and Reps. Rep. Bryant W. Clark, D-Pickens, Rep. Nick Bain, R-Corinth, Rep Robert L. Johnson III, D-Natchez, and Rep. Jeffery Harness, D-Fayette. The Mississippi Free Press is a nonprofit, nonpartisan 501(c)(3) focused on telling stories that center all Mississippians. 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. 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. 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. 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. Boyd then presented the informant with two ziplock bags containing 35.5 grams of marijuana in exchange at a house in Madison County. Before the Aug. 1 call, Madison County Deputy Trey Curtis had wired Hewitt with an audiovisual recording device. Allen Russell's life sentence was upheld by a state appeals court Tuesday due to his. 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.. 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. 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. There are thousands of people who will gain parole eligibility who dont have parole eligibility, Latino said. Boyd then expected to face seven years imprisonment for that crime. 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. Advocates have noted this can lead to life sentences for anything from drug charges to shoplifting. The new law provides that violent offenders are eligible for parole after serving 50% of their sentence or twenty years, whichever is shorter. Allen Russell: Marijuana Life Sentence Conviction Upheld In Miss. - NewsOne In a November 2019 report, FWD.us wrote that the more than 2,600 people in Mississippi prison today received habitual-offenders sentences. If one of those felonies was violent, however, the big law ensures the person will be sentenced to life without parole. A trained photojournalist, Ashton lives in South Mississippi with his husband, William, and their two pit bulls, Dorothy and Dru. JACKSON, Miss. The state also has the third highest incarceration rate in the country. You can read more about Kendalls case here. The Madison Circuit Court based its sentencing on Mississippi Code 4129147. Miss. habitual offender law case may be considered by U.S. Supreme Court MS prison crisis: repeat offenders serving life for nonviolent crime One of the reasons Mississippi has such high levels of incarceration is due to its habitual offender laws. The enactment of HB 585 impacted Mississippi's parole laws in several significant ways. 2021 regular session. 39110 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. 2795 . 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. This information is not intended to create, and receipt Our hard-earned tax dollars are being used to lock these women up. Bill Text: MS HB1024 | 2020 | Regular Session - LegiScan 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. In Mississippi, someone facing a conviction for a second drug offense faces twice the maximum years in prison. Pickett says the law change will make around 4,000 offenders eligible for parole. When Williams came back, joined Hollins in the vehicle and sat on the passengers side, the law-enforcement officers immediately arrested both men. They can never give me back what they took from me, never, she said. All rights reserved. We have the second-highest rate of imprisonment in the entire country, she said. This bill, which had been vetoed the previous year, is a huge step in the right direction for MS. 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. I'm a wife and stay-at-home mom and a proud Mississippi girl. 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. 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. The law also contains a significant change for non-violent offenders. With your gift, we can do even more important stories like this one. He got out of prison in 2019, six years after the Mississippi Supreme Courts decision. After the mid-decade changes, though, the states inmate population skyrocketedeven as the states overall population stagnated. Mississippi could prosper better if they werent paying for all these people in prison.. Those previously sentenced based on "habitual offenders" guidelines can be eligible for parole, retroactively benefiting from the law's change. 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. SB2795 excludes habitual offenders from earned parole. I dont believe I deserve to be thrown away in prison and left in here to die, she said. Habitual Offender Laws in Louisiana, Mississippi Trap Thousands in Prison 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 . 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 . FWD.us agreed that there is much more work to do. And our habitual penalties are part of the reason why, because of how long you can leave someone in prison.. The inmate is sentenced as a habitual 121 offender under Sections 99-19-81 through 99-19-87; 122 2. Drummer'ssentence started when her little boy was only 4years old; hes now 16. The information on this website is for general information purposes only. Report: Mississippi laws cause 'extreme' prison sentences Before, being sentenced as a "little" habitual offender meant the maximum sentence . In 2013, the Mississippi Supreme Court, in a rebuke to Guests action modifying the indictment after the jury found Boyd guilty, said it constituted unfair surprise and remanded the case to Madison County Circuit Court for resentencing. This law has ruined Johns life, as he has been unable to be there for his family or watch his children grow up. Additionally, in order for a person to be approved for parole or probation, a judge must sign off on the request. Two people that may never go home again are Tameka Drummer and Patricia Brown. And I would like to see the habitual law go away. Mississippi Code 97-3-2 listed violent crimes as carjacking, murder, drive-by shooting, shooting into a dwelling and rape. You're all set! Reeves vetoed a more expansive parole reform bill last year. 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. The law also mandates that violent offenders must have a parole hearing before being released. The April 17, 2018 ruling in Sessions v. Dimaya held that the precedent in Johnson also applied in other contexts, the petition argues. FOCUS: 2022 Elections Housing & Evictions #MSWelfare Scandal Jackson Water Abortion Race & Racism Policing Incarceration. 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. 2795 was not an easy call for me. By removing these habitual offender laws, Mississippi can begin to resolve its imprisonment issues. His son Paul Jr. said he regrets not having his father around to experience life with him. 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 Mississippi prison reform: Make House Bill 1024 bill retroactive 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. Currently, a few laws in the Mississippi justice system mandate minimum sentencing for habitual offenders. 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'. 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. Previously the state reporter at the Jackson Free Press, he drove national headlines and conversations with award-winning reporting about segregation academies.
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