They later arrested Mitchell, and he faced trial in June 2010. When Williams came back, joined Hollins in the vehicle and sat on the passengers side, the law-enforcement officers immediately arrested both men. 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. A majority of judges in Mississippi are still abiding by the habitual offender laws and not granting requests from habitual offenders. I just pray that something changes.. Before the Aug. 1 call, Madison County Deputy Trey Curtis had wired Hewitt with an audiovisual recording device. 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. The sentence equates to a life sentence for Martin, who has never been convicted of anything violent before in his life. Under the little law, someone is sentenced to the maximum possible prison sentence upon conviction of their third felony. 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. 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. 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. 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. A more expansive version of parole eligibility reform that the Legislature could have chosen instead, Senate Bill 2123, would have saved the state as much as $1.37 billion, the group said. , making early release possible for thousands of non-habitual offenders. My faith reminds me I'm only saved because of God's grace and mercy. Furthermore, these codes remove a persons ability to even be considered for parole or probation. It is more than I can bear to think about. Large majorities of lawmakers in both of Mississippis Republican-dominated chambers approved the changes earlier this year. The new parole law changes that system. So, they cant be paroled.. 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. 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. 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. 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. And it allows you some accountability for everybody, the lawmaker added. A Mississippi man will continue to serve a life sentence for a pot bust after a court upheld the lengthy term. One of the reasons Mississippi has such high levels of incarceration is due to its habitual offender laws. 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. This bill, which had been vetoed the previous year, is a huge step in the right direction for MS. 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. Sign up for our free summaries and get the latest delivered directly to you. Allen Russell's life sentence was upheld by a state appeals court Tuesday due to his. And there is no time cut off for how far back you can go, she added. Unfortunately, other states that have enacted three-strikes rules still maintain persecution of non-violent drug crimes. With your gift, we can do even more important stories like this one. He's one of 2,600 people incarcerated as a result of the state's three strikes laws. A judge sentenced her to, life in prison without the possibility of parole for felony marijuana possession. Boyd then expected to face seven years imprisonment for that crime. or viewing does not constitute, an attorney-client relationship. The habitual sentencing law is used by district attorneys to prosecute people for all offenses, including nonviolent crimes like shoplifting or drug possession. There are a few crimes like armed robbery that require the inmate to serve at least 60% of their sentence. I might not even be here. FOCUS: 2022 Elections Housing & Evictions #MSWelfare Scandal Jackson Water Abortion Race & Racism Policing Incarceration. For example, Washington state was one of the first states to implement three-strikes legislation, which does not encompass non-violent drug-related offenses. Your California Privacy Rights/Privacy Policy. After both houses of the Mississippi Legislature approved the Mississippi Earned Parole Eligibility Act earlier this month, FWD.us sounded a bittersweet note as it celebrated the bills passage. 2020). 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. Mississippians are currently paying $360,000,000 a year to operate our prisons. 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 (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 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. And not all are eligibilewe were able to ensure 1st and 2nd degree murderers cant get it. These are laws that require harsher sentencing for perceived 'repeated offenders'. Through our philanthropic efforts, The Botanical Empress is helping shine a spotlight on individuals unjustly incarcerated for non-violent cannabis-related offenses. case or situation. 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. Good policy takes time and at times a 2nd look. 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. The third felony doesnt have to be violent for the law to take effect. 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. I'm a wife and stay-at-home mom and a proud Mississippi girl. Their incarceration rates are through the roof and they must take the steps to lower them. Leading to overcrowded prisons and undue impacts throughout the United States. 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. Below are just a few of the people who are currently serving time in Mississippi prisons for cannabis-related crimes. Guest charged Hollins as an habitual offender, which attracts enhanced punishment under both Mississippi Code 99-19-81 for being convicted for a felony twice before and under Mississippi Code 4129147 for a subsequent drug offense. Making these alternative forms of habitual offender laws just as damaging. 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. The Mississippi Free Press is a nonprofit, nonpartisan 501(c)(3) focused on telling stories that center all Mississippians. Sex offenders, habitual offenders and those that have committed capital offenses wont be seen. 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. Get free summaries of new opinions delivered to your inbox! The inmate is sentenced for a crime of 123 violence under Section 97-3-2; 124 3. . The technical storage or access that is used exclusively for anonymous statistical purposes. Its death by mother nature., Will Mississippi change strict parole laws? You can explore additional available newsletters here. 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. The first step would be to draft new legislation to allow habitual offenders the opportunity for parole. Three of the major changes are as follows: . Housers second and third drug-related offense happened within a few weekson May 5, 2006, and June 26, 2006when he was 45. Kendall Martin was sentenced to 60 years in prison for possession of marijuana without the possibility of parole. The law also contains a significant change for non-violent offenders. She was arrested after less than $20 of cocaine fell out of her pocket. Why Are So Many Cannabis Offenders Still In Jail? 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 son Paul Jr. said he regrets not having his father around to experience life with him. After the mid-decade changes, though, the states inmate population skyrocketed, even as the states overall population stagnated. 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. FOCUS: 2022 Elections Housing & Evictions #MSWelfare Scandal Jackson Water Abortion Race & Racism Policing Incarceration. Additionally, in order for a person to be approved for parole or probation, a judge must sign off on the request. 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. 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. Senior Reporter Kayode Crown was born in Nigeria, where he worked as a journalist at a state government-owned enterprise. Reeves vetoed a more expansive parole reform bill last year. My family began in 1996. We give prosecutors the sole discretion to throw a life away forever over marijuana or a bad check. Currently, a few laws in the Mississippi justice system mandate minimum sentencing for habitual offenders. In a November 2019 report, FWD.us wrote that the more than 2,600 people in Mississippi prison today received habitual-offenders sentences. Today, she is a 46-year-old mother of four, starting her 13th year at Central Mississippi Correctional Facility in Pearl. One of the reasons Mississippi has such high levels of incarceration is due to its habitual offender laws. I trust my Parole Board appointees to make wise decisions. This site is protected by reCAPTCHA and the Google, There is a newer version of the Mississippi Code, Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION. 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. SB 2795, which went into law in July, expanded parole eligibility, but specifically excluded habitual offenders, something Gov. 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. Those previously sentenced based on "habitual offenders" guidelines can be eligible for parole, retroactively benefiting from the law's change. But lawmakers opted for the narrower reforms this year after Gov. John was arrested and charged with possession of marijuana, a nonviolent offense, and was sentenced to 60 years in prison. In addition to the BC Cold and Sinus Powders found in Housers vehicle, the police found syringes and needles that were known to be the type used by methamphetamine addicts, the appeals court added. 2795 . Mississippi has some of the highest rates of incarceration in the country. 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. Were not going to suddenly see a 25% reduction in the prison population. 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. thanked the governor in a tweet today. They can go to the circuit court and file a civil case to vacate, set aside, or reduce the judgment. Allowing the opportunity for parole will prevent people from serving absurdly long sentences for non-violent crimes. By 2000, more than 18,000 Mississippians lived behind bars. Advocates have noted this can lead to life sentences for anything from drug charges to shoplifting. Rapists and murderers do not get the type of sentence I have, Brown said. Waide said he feels confident the case has a better chance than most, both because of how straightforward the argument is and because experienced Supreme Court litigator Alan Morrison has also joined to represent Brown. 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. She told him on the phone that she wanted to buy $200 worth of cocaine. The Empower Mississippi president said he thinks todays parole-eligibility reform could also forestall intervention related to an ongoing U.S. Department of Justice investigation into Mississippis overcrowded prison system. The inmate is sentenced as a habitual 121 offender under Sections 99-19-81 through 99-19-87; 122 2. , loosens Mississippis parole requirements, which are currently among the most restrictive in the nation. You got my 40? Ronnie Hewitt asked Jermaine Mitchell, who was then 29 years old, on the phone on Aug. 1, 2009. 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. Other inmates, like Gregory Hollins, are serving long sentences without parole because of multiple non-violent offenses. 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 . Anything that diminishes the number of people serving habitual life sentences is good for society and good for the individual.. We have the second-highest rate of imprisonment in the entire country, she said. 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. 99-19-81, Mississippi Code of 1972, is amended as follows: 99-19-81. In 2021, the governor of Mississippi Tate Reeves signed a new bill into law that should counteract these habitual offender laws. Under current law, prosecutors were able to multiply his sentence due to prior convictions. She called Hollins, whom she knows only by his nicknameTefalon, from her room. 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. Please check official sources. 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. 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.. The police placed Wilson in a room at Airport Inn (716 Highway 80 E. Flowood) and gave her $200 on Dec. 28, 2008. MS Today, Latino said, his organization is celebrating the parole eligibility changes, which he emphasized is a major step that should offer Mississippians hope. It would make so much more sense to spend our resources helping people get back on their feet, helping them access treatment and job training, rather than leaving them to languish behind bars. 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. Maximum sentencing with no hope for early release means thousands of prisoners are sitting in jail for extended periods of time. 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.. 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. 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. 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. Large majorities of lawmakers in both of Mississippis Republican-dominated chambers approved the changes earlier this year. But they could at least let me get out and help raise my grandkids, to be a part of their life. These laws often mandate long jail sentences for non-violent crimes, such as drug-related offenses. Under these laws, many residents end up serving long sentences for non-violent crimes such as drug possession. 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 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. Shortly after the call, a man named Gene Williams knocked on Wilsons room. Bill SB2795 is a small nudge in the right direction. 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. Tate Reeves this afternoon signed a separate criminal justice bill, Senate Bill 2795, making early release possible for thousands of non-habitual offenders. Someone who served their time for a violent felony years ago is still subject to life without parole for a nonviolent on a third felony. As such, prisoners are still facing a health crisis in overcrowded complexes. Without their combined efforts, the bill would not have become law.. We give prosecutors the sole. Drummer was convicted of possessing less than two ounces of marijuana and sentenced to life without parole under Mississippis habitual offender law. to: judiciary b. by: representative clark. Through our taxes, you and I are paying to support an aging prison population. 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. 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. There have been numerous studies for years that habitual offender laws are not effective in deterring criminal behavior nor in capturing the high-level criminals these laws were designed to catch. 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. As of July 1, 1995 all sex crimes became mandatory. Our hard-earned tax dollars are being used to lock these women up. Unfortunately, the passage of this bill does not guarantee all inmates the opportunity for parole. 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. The Mississippi Free Press is a project of the Mississippi Journalism and Education Group, a 501(c)(3) nonprofit journalism organization (EIN 85-1403937). We look at who they are, what theyve done, why theyre where they are, what theyre likely to do when they get out. 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. These laws often mandate long jail sentences for non-violent crimes, such as drug-related offenses. I want another chance at life, you know? The sentence was a mandatory minimum under Mississippis habitual offender laws, which are some of the harshest in the country. S.B. Unknown to Mitchell, Hewitt was acting as a Madison County Sheriff Department informant. And our habitual penalties are part of the reason why, because of how long you can leave someone in prison.. Brown is also a mother, and she is 12 years into her life without parole sentence, also in Pearl. House burglary and manslaughter are cases that the parole board, until July 1, have not seen," added Pickett. 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. 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. Instead, these outdated laws put people behind bars for incredibly long periods of time regardless of their circumstances. To me, its just an unfair law., His mother, Julie, said that Mississippi will be better without those laws. We stand ready to continue working with legislators and state leadership on more common sense solutions, like changing the states harsh habitual sentencing laws, further safely reducing Mississippis prison population, and strengthening families and communities across our state., In a tweet thread explaining his decision to sign the Mississippi Earned Parole Eligibility Act into law today, Gov.