Bill Text: MS HB1739 | 2026 | Regular Session | Engrossed
Bill Title: Corrections Overview Task Force; establish and repeal Corrections and Criminal Justice Task Force.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-03-11 - Died On Calendar [HB1739 Detail]
Download: Mississippi-2026-HB1739-Engrossed.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Corrections
By: Representative Currie
House Bill 1739
(As Passed the House)
AN ACT TO ESTABLISH THE CORRECTIONS OVERVIEW TASK FORCE; TO PROVIDE THE MEMBERSHIP OF THE TASK FORCE; TO PRESCRIBE THE POWERS AND DUTIES OF SUCH TASK FORCE; TO AMEND SECTIONS 47-5-10, 47-5-473, 47-5-579 AND 47-7-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT CERTAIN DUTIES SHALL BE PERFORMED BY THE CORRECTIONS OVERVIEW TASK FORCE RATHER THAN THE CORRECTIONS AND CRIMINAL JUSTICE TASK FORCE; TO REPEAL SECTION 47-5-6, MISSISSIPPI CODE OF 1972, WHICH CREATES THE CORRECTIONS AND CRIMINAL JUSTICE TASK FORCE AS WELL AS PROVIDES ITS DUTIES, IS REPEALED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is hereby established a committee to be known as the Corrections Overview Task Force, hereinafter called the Overview Task Force.
(2) The Overview Task Force shall be composed of the following thirteen (13) members:
(a) The Chairs of the House and Senate Corrections Committees, or their designees who must be members of the Corrections Committees;
(b) The Chairs of the House and Senate Accountability, Efficiency and Transparency Committees, or their designees who must be members of the Accountability, Efficiency and Transparency Committees;
(c) The Commissioner of the Department of Corrections, or his designee who must be a deputy commissioner;
(d) The Office of the State Public Defender shall appoint one (1) member to represent the public defender's office;
(e) The Chief Justice of the Mississippi Supreme Court shall appoint one (1) member of the circuit court;
(f) The Executive Director of the Joint Legislative Committee on Performance Evaluation and Expenditure Review, or his designee;
(g) The Chair of the Mississippi State Parole Board, or his designee who must be a member of the board;
(h) The Commissioner of the Department of Public Safety, or his designee who must be a deputy commissioner;
(i) The President of the Mississippi Sheriffs' Association, or his designee;
(j) The Attorney General shall appoint one (1) member representing the victims' community; and
(k) The Speaker of the Mississippi House of Representatives shall appoint one (1) advocate for offenders and families who have been directly affected by the prison justice system. The appointment made pursuant to this paragraph (k) shall occur on July 1, 2026.
(3) The task force shall meet on or before July 15, 2026, at the call of the Commissioner of the Department of Corrections and organize itself by electing one (1) of its members as chair and such other officers as the task force may consider necessary. Thereafter, the task force shall meet at least every other month and at the call of the chair or by a majority of the members. A quorum consists of seven (7) members. Members of the task force shall serve without compensation.
(4) The task force shall have the following powers and duties:
(a) Analyze data concerning complaints received by the Department of Corrections related to deaths, suicides and suicide attempts of inmates;
(b) Track and assess outcomes from the recommendations in the Corrections and Criminal Justice Task Force report of December 2013;
(c) Analyze data related to parole issues and case manager plan effectiveness for inmates to determine the transition readiness of inmates once paroled;
(d) Analyze data related to illegal drug use of inmates while incarcerated;
(e) Analyze data related to programs offered to inmates, such programs shall include, but are not limited to, educational and rehabilitative;
(f) Monitor compliance with sentencing standards, assess their impact on the correctional resources of the state and determine if the standards advance the adopted sentencing policy goals of the state;
(g) Review the classifications of crimes and sentences and make recommendations for change when supported by information that change is advisable to further the adopted sentencing policy goals of the state;
(h) Prepare and submit an annual report no later than the first day of the second full week of each regular session of the Legislature on the outcome and performance measures to the Legislature, Governor and Chief Justice concerning the Overview Task Force findings. The report shall include recommendations for improvements, recommendations on transfers of funding based on the success or failure of implementation of the recommendations, and a summary of savings. The report may also present additional recommendations to the Legislature on future legislation and policy options to enhance public safety and control corrections costs;
(i) To undertake such additional studies or evaluations as the Overview Task Force considers necessary to provide corrections reform information and analysis;
(j) Prepare and conduct annual continuing legal education seminars regarding the sentencing guidelines and corrections reforms to be presented to judges, prosecuting attorneys and their deputies, and public defenders and their deputies, as so required;
(k) Develop a research and analysis system to determine the feasibility, impact on resources, and budget consequences of any proposed or existing legislation affecting sentence length;
(l) Request, review, and receive data and reports on performance outcome measures as related to Chapter 457, Laws of 2014;
(m) The Overview Task Force shall use clerical and professional employees of the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) for its staff;
(n) The Overview Task Force may employ or retain other professional staff, upon the determination of the necessity for other staff;
(o) The Oversight Task Force is encouraged to apply for and may expend grants, gifts, or federal funds it receives from other sources to carry out its duties and responsibilities.
(5) (a) In addition to the powers and duties set out under this section, the Overview Task Force shall examine unexpected fatalities of inmates.
(b) To carry out the duty prescribed in paragraph (a) of this subsection, the Overview Task Force shall assemble individuals with appropriate expertise including, but not limited to, individuals whose professional expertise is pertinent to the dynamics of an unexpected fatality case. The Overview Task Force shall ensure that while examining unexpected fatalities made up of individuals who had no previous involvement in the unexpected fatality review case.
(c) The primary purpose of the Overview Task Force while examining unexpected fatalities shall be the development of recommendations for the Department of Corrections and legislature regarding changes in practices or policies to prevent fatalities and strengthen safety and health protections for prisoners in the custody of the Department of Corrections.
(d) Upon conclusion of an unexpected fatality review required pursuant to this subsection, the Overview Task Force shall, within 120 days following the fatality, issue a report on the results of the review, unless an extension has been granted by the Governor. Reports must be distributed to Speaker of the House of Representatives, Lieutenant Governor and Governor, and the Overview Task Force shall create a public website where all unexpected fatality review reports required under this subsection must be posted and maintained. An unexpected fatality review report completed pursuant to this subsection is subject to public disclosure and must be posted on the public website, except that confidential information may be redacted by the department consistent with the requirements of applicable state and federal laws.
(e) Within ten (10) days of completion of an unexpected fatality review under this subsection, the Overview Task Force shall develop an associated corrective action plan to implement any of the Overview Task Force's recommendations in the unexpected fatality review report. Corrective action plans shall be implemented within 120 days by the Department of Corrections, unless an extension has been granted by the governor. Corrective action plans are subject to public disclosure, and must be posted on the Overview Task Force website in accordance with (d) of this subsection, except that confidential information may be redacted by the task force consistent with the requirements of applicable state and federal laws.
(f) The Overview Task Force shall develop and implement procedures to carry out the requirements of this subsection.
(g) In any review of an unexpected fatality, the Overview Task Force shall have access to all records and files regarding the person or otherwise relevant to the review that have been produced or retained by an agency who has provided care, supervision or services to the deceased inmate.
(h) (i) An unexpected fatality review completed pursuant to this subsection is subject to discovery in a civil or administrative proceeding, but may not be admitted into evidence or otherwise used in a civil or administrative proceeding except pursuant to this subsection.
(ii) Members of the Overview Task Force may not be examined in a civil or administrative proceeding regarding: 1. The work of the unexpected fatality review; 2. the incident under review; 3. his or her statements, deliberations, thoughts, analyses, or impressions relating to the work of the unexpected fatality review or the incident under review; or 4. the statements, deliberations, thoughts, analyses, or impressions of any other member of the unexpected fatality review, or any person who provided information to the Overview Force relating to the work of the Overview Task Force or the incident under review.
(i) Documents prepared by or for the Overview Task Force are inadmissible and may not be used in a civil or administrative proceeding, except that any document that exists before its use or consideration in an unexpected fatality review, or that is created independently of such review, does not become inadmissible merely because it is reviewed or used by the Overview Task Force. A person is not unavailable as a witness merely because the person has been interviewed by, or has provided a statement for, an unexpected fatality review, but if the person is called as a witness, the person may not be examined regarding the person's interactions with the unexpected fatality review including, without limitation, whether the person was interviewed during such review, the questions that were asked during such review, and the answers that the person provided during such review. This subsection may not be construed as restricting the person from testifying fully in any proceeding regarding his or her knowledge of the incident under review.
(j) The restrictions set forth in this subsection do not apply in a licensing or disciplinary proceeding arising from an agency's effort to revoke or suspend the license of any licensed professional based in whole or in part upon allegations of wrongdoing in connection with an unexpected fatality reviewed by the Overview Task Force.
(k) As used in this subsection the term "unexpected fatality review" means a review of any death that was not the result of a diagnosed or documented terminal illness or other debilitating or deteriorating illness or condition where the death was anticipated, and includes the death of any person under the jurisdiction of the department, except those individuals on probation, parole or intensive supervision under the supervision of the Department of Corrections, regardless of where the death actually occurred. A review must include an analysis of the root cause or causes of the unexpected fatality, and an associated corrective action plan for the Department of Corrections to address identified root causes and recommendations made by the Overview Review Task Force under this subsection.
SECTION 2. Section 47-5-10, Mississippi Code of 1972, is amended as follows:
47-5-10. (1) The department shall have the following powers and duties:
(a) To accept adult offenders committed to it by the courts of this state for incarceration, care, custody, treatment and rehabilitation;
(b) To provide for the care, custody, study, training, supervision and treatment of adult offenders committed to the department;
(c) To maintain, administer and exercise executive and administrative supervision over all state correctional institutions and facilities used for the custody, training, care, treatment and after-care supervision of adult offenders committed to the department; provided, however, that such supervision shall not extend to any institution or facility for which executive and administrative supervision has been provided by law through another agency;
(d) To plan, develop and coordinate a statewide, comprehensive correctional program designed to train and rehabilitate offenders in order to prevent, control and retard recidivism;
(e) To maintain records of persons committed to it, and to establish programs of research, statistics and planning:
(i) An offender's records shall include a single cover sheet that contains the following information about the offender: name, including any aliases; department inmate number; social security number; photograph; court of conviction; cause number; date of conviction; date of sentence; total number of days in the department's custody or number of days creditable toward time served on each charge; date of actual custody; and date of any revocation of a suspended sentence;
(ii) The department shall maintain an offender's cover sheet in the course of its regularly conducted business activities and shall include an offender's cover sheet in each request from a court, prosecutor or law enforcement agency for a summary of an offender's records with the department, also known as a "pen-pack." The cover sheet shall conform to Rules 803(6) and 803(8) of the Mississippi Rules of Evidence for admission as an exception to the hearsay rule and may be admissible when properly authenticated according to evidentiary rules and when offered for the purpose of enhanced sentencing under Section 41-29-147, 99-19-81 or 99-19-83 or other similar purposes; and
(iii) This subsection is not intended to conflict with an offender's right of confrontation in criminal proceedings under the state or federal constitution;
(f) To investigate the grievances of any person committed to the department, and to inquire into any alleged misconduct by employees; and for this purpose it may issue subpoenas and compel the attendance of witnesses and the production of writings and papers, and may examine under oath any witnesses who may appear before it;
(g) To administer programs of training and development of personnel of the department;
(h) To develop and implement diversified programs and facilities to promote, enhance, provide and assure the opportunities for the successful custody, training and treatment of adult offenders properly committed to the department or confined in any facility under its control. Such programs and facilities may include, but not be limited to, institutions, group homes, halfway houses, diagnostic centers, work and educational release centers, technical violation centers, restitution centers, counseling and supervision of probation, parole, suspension and compact cases, presentence investigating and other state and local community-based programs and facilities;
(i) To receive, hold and use, as a corporate body, any real, personal and mixed property donated to the department, and any other corporate authority as shall be necessary for the operation of any facility at present or hereafter;
(j) To provide those personnel, facilities, programs and services the department shall find necessary in the operation of a modern correctional system for the custody, care, study and treatment of adult offenders placed under its jurisdiction by the courts and other agencies in accordance with law;
(k) To develop the capacity and administrative network necessary to deliver advisory consultation and technical assistance to units of local government for the purpose of assisting them in developing model local correctional programs for adult offenders;
(l) To cooperate with other departments and agencies and with local communities for the development of standards and programs for better correctional services in this state;
(m) To administer all monies and properties of the department;
(n) To report annually to the Legislature and the Governor on the committed persons, institutions and programs of the department;
(o) To cooperate with the courts and with public and private agencies and officials to assist in attaining the purposes of this chapter and Chapter 7 of this title. The department may enter into agreements and contracts with other departments of federal, state or local government and with private agencies concerning the discharge of its responsibilities or theirs. The department shall have the authority to accept and expend or use gifts, grants and subsidies from public and private sources;
(p) To make all rules and regulations and exercise all powers and duties vested by law in the department;
(q) The department may require a search of all persons entering the grounds and facilities at the correctional system;
(r) To submit, in a
timely manner, to the * * * Corrections Overview Task Force established in * * * Section 1 of
this act any reports required by law or regulation or requested by the task
force; and
(s) To discharge any other power or duty imposed or established by law.
SECTION 3. Section 47-5-473, Mississippi Code of 1972, is amended as follows:
47-5-473. (1) The Sheriffs of Rankin County, Harrison County, Lee County and Hinds County are authorized to establish a Pilot Work Release Program. No person sentenced for a crime listed in Section 97-3-2 shall be eligible for participation in the program established under this section. During the pilot phase of the program, there shall be a limit of twenty-five (25) people in the program at a time.
(2) The sheriff shall
collect and maintain data which shall be shared semiannually with the Joint
Legislative Committee on Performance Evaluation and Expenditure Review (PEER)
and the * * * Corrections Overview
Task Force in sortable electronic format. The first report shall be made
before January 15, 2022, and in six-month intervals thereafter. The data shall
include:
(a) Total number of participants at the beginning of each month by race, gender, and offenses charged;
(b) Total number of participants at the end of each month by race, gender, and offenses charged;
(c) Total number of participants who began the program in each month by race, gender, and offenses charged;
(d) Total number of participants who successfully completed the program in each month by race, gender, and offenses charged;
(e) Total number of participants who left the program in each month and reason for leaving by race, gender, and offenses charged;
(f) Total number of participants who were arrested for a new criminal offense while in the program in each month by race, gender, and offenses charged;
(g) Total number of participants who were convicted of a new crime while in the program in each month by race, gender, and offenses charged;
(h) Total number of participants who completed the program and were convicted of a new crime within three (3) years of completing the program;
(i) Total amount earned by participants and how the earnings were distributed in each month;
(j) Results of any initial risk and needs assessments conducted on each participant by race, gender, and offenses charged; and
(k) Any other data or information as requested by the task force.
(3) Any person who has been sentenced to confinement in jail or who has been sentenced for a felony conviction but is confined in a jail may request assignment to the work release program established under this section. Admission to the program shall be in the discretion of the sheriff. The sheriff may further authorize the offender to participate in educational or other rehabilitative programs designed to supplement his work release employment or to prepare the person for successful reentry. No offender shall be eligible for this program if he or she has more than one (1) year remaining on his or her sentence.
(4) The sheriff shall adopt and publish rules and regulations prior to accepting inmates. These rules and regulations shall at a minimum include all requirements for work release programs established pursuant to Sections 47-5-451 through 47-5-471. Participating employers shall pay no less than the prevailing wage for the position and shall under no circumstance pay less than the federal minimum wage.
(5) Any offender assigned to such a program by the sheriff who, without proper authority or just cause, leaves the area to which he has been assigned to work or attend educational or other rehabilitative programs, or leaves the vehicle or route of travel involved in his or her going to or returning from such place, will be guilty of escape as provided in Section 97-9-49. An offender who is found guilty under this section shall be ineligible for further participation in a work release program during his or her current term of confinement.
(6) (a) The offender shall maintain an account through a local financial institution and shall provide a copy of a check stub to the sheriff.
(b) The offender shall be required:
(i) To pay twenty-five percent (25%) of his or her wages after mandatory deductions for the following purposes:
1. To pay support of dependents or to the Mississippi Department of Human Services on behalf of dependents as may be ordered by a judge of competent jurisdiction; and
2. To pay any fines, restitution, or costs as ordered by the court to include any fines and fees associated with obtaining a valid driver's license upon release.
(ii) To pay fifteen percent (15%) of the offender's wages to the sheriff's department for administrative expenses to include transportation costs.
(iii) To save fifty percent (50%) of the offender's wages in the account required under paragraph (a) of this subsection. Monies under this subparagraph shall be made available to the offender upon parole or release.
(c) The offender shall have access to the remaining ten percent (10%) of the monies in his or her account to purchase incidental expenses.
(d) Any monies remaining under paragraph (a) of this subsection after all mandatory deductions are paid, shall be deposited in the inmate's account established under this subsection. Any monies remaining upon release in paragraph (c) of this subsection shall be released to the inmate.
(7) The Joint Legislative
Committee on Performance Evaluation and Expenditure Review (PEER) shall conduct
a review of the work release program established under this section and
beginning in 2024 produce an annual report due December 1 each year to the
Legislature on the effectiveness of the program. The PEER Committee shall seek
the assistance of the * * * Corrections Overview Task Force
and may seek assistance from any other criminal justice experts it deems
necessary during its review.
(8) This section shall stand repealed on July 1, 2027.
SECTION 4. Section 47-5-579, Mississippi Code of 1972, is amended as follows:
47-5-579. (1) (a) The corporation shall operate a work initiative at the Central Mississippi Correctional Facility, South Mississippi Correctional Institution, Mississippi State Penitentiary and the Mississippi Correctional Institute for Women, and is authorized, in its discretion, to create a work initiative at any other correctional facility listed in Section 47-5-539(d). In lieu of a work initiative created by the corporation, the warden or superintendent or sheriff at any regional and private facility listed in Section 47-5-539 is authorized to create a work initiative at their respective facility consistent with the provisions and requirements of this section. Each initiative shall be limited to no more than twenty-five (25) inmates in the state, regional or private facility at any given time.
(b) The department, with regard to a work initiative in an MDOC facility, shall:
(i) Have the ultimate authority for oversight of the administration of the initiative;
(ii) Delegate the administration of the initiative to the corporation; and
(iii) Oversee the selection of inmates for admission to the initiative.
(c) The sheriff, with regard to a work initiative at a regional facility, shall:
(i) Have the ultimate authority for oversight of the administration of the initiative;
(ii) Oversee the selection of inmates for admission to the initiative; and
(iii) Work with the department and the corporation to establish guidelines for the initiative and develop a report thereon.
(2) (a) An inmate is eligible for participation in the initiative if the inmate has:
(i) No more than two (2) years remaining on the inmate's sentence;
(ii) Not been convicted under Section 97-9-49 within the last five (5) years; and
(iii) Not been sentenced for a sex offense as defined in Section 45-33-23(h).
(b) Any inmate who meets the eligibility requirements of paragraph (a) may request assignment to a work initiative established under this section.
(3) (a) The commissioner, in the case of MDOC facilities, or the warden, superintendent, sheriff or similar leader in the case of regional and private facilities, shall select inmates for admission to the program.
(b) An inmate currently participating in vocational training or a soft skills training program at a facility authorized to operate a work initiative shall have priority in admission to the program.
(4) (a) The chief executive officer, in the case of MDOC facilities, or the warden, superintendent, sheriff or similar leader in the case of regional and private facilities, may authorize the inmate to participate in educational or other rehabilitative programs designed to supplement his work initiative employment or to prepare the person for successful reentry.
(b) Before accepting any participants to the program, the corporation, in consultation with the department, shall adopt and publish rules and regulations to effectuate this section no later than six (6) months after the effective date of this section. These rules and regulations shall include all protection requirements for work release programs established pursuant to Sections 47-5-451 through 47-5-471.
(5) Participating employers shall pay no less than the prevailing wage for the position and shall under no circumstance pay less than the federal minimum wage.
(6) Any inmate assigned to the initiative who, without proper authority or just cause, leaves the area to which he has been assigned to work or attend educational or other rehabilitative programs, or leaves the vehicle or route of travel involved in his or her going to or returning from such place, will be guilty of escape as provided in Section 97-9-49. An offender who is convicted under Section 97-9-49 shall be ineligible for further participation in the work initiative during his or her current term of confinement.
(7) (a) The inmate shall maintain an account through a local financial institution and shall provide a copy of a check stub to the chief executive officer, the warden, the superintendent or the sheriff at a regional facility, as the case may be.
(b) The inmate shall be required:
(i) To pay twenty-five percent (25%) of the inmate's wages after mandatory deductions for the following purposes:
1. To pay support of dependents or to the Mississippi Department of Human Services on behalf of dependents as may be ordered by a judge of competent jurisdiction; and
2. To pay any fines, restitution, or costs as ordered by the court to include any fines and fees associated with obtaining a valid driver's license upon release.
(ii) To pay fifteen percent (15%) of the inmate's wages to the corporation for administrative expenses to include transportation costs to be remitted to the state, regional or private facility where the inmate is housed. In the case of state facilities, the administrative expense reimbursement shall be paid to the corporation; in the case of regional facilities, the administrative expense reimbursement shall be paid to the sheriff's department; in the case of private facilities the administrative expense reimbursement shall be paid to the contractor overseeing the facility.
(iii) To save fifty percent (50%) of the inmate's wages in the account required under paragraph (a) of this subsection. Monies under this subparagraph shall be made available to the inmate upon parole or release.
(c) The inmate shall have access to the remaining ten percent (10%) of the monies in the inmate's account to purchase incidental expenses.
(d) Any monies remaining under paragraph (a) of this subsection after all mandatory deductions are paid, shall be deposited in the inmate's account established under this subsection. Any monies remaining upon release in paragraph (c) of this subsection shall be released to the inmate.
(8) The chief executive
officer of the corporation shall collect and maintain data which shall be
shared semiannually with the Joint Legislative Committee on Performance
Evaluation and Expenditure Review (PEER) and the * * *
Corrections Overview Task Force in sortable electronic format. The
first report shall be made on January 15, 2023, and in six-month intervals
thereafter unless PEER establishes a different schedule. The data shall
include:
(a) Total number of participants at the end of each month by race, gender, and offenses charged;
(b) Total number of participants who began the program in each month by race, gender, and offenses charged;
(c) Total number of participants who successfully completed the program in each month by race, gender, and offenses charged;
(d) Total number of participants who left the program in each month and reason for leaving by race, gender, and offenses charged;
(e) Total number of participants who were arrested for a new criminal offense while in the program in each month by race, gender and offenses charged;
(f) Total number of participants who were convicted of a new crime while in the program in each month by race, gender and offenses charged;
(g) Total number of participants who completed the program and were convicted of a new crime within three (3) years of completing the program;
(h) Total amount earned by participants and how the earnings were distributed in each month;
(i) Results of any initial risk and needs assessments conducted on each participant by race, gender, and offenses charged;
(j) List of participating employers;
(k) List of jobs acquired by participants;
(l) List of the hourly wage paid to each participant;
(m) Accounting of the manner and use of the ten percent (10%) of the wages paid to the corporation by the inmate for administrative expenses;
(n) Total costs associated with program operations;
(o) List of participating financial institutions;
(p) The number of accounts opened by participants at financial institutions;
(q) The average hourly wage earned in the program; and
(r) Any other data or information as requested by the task force.
(9) The Joint Legislative
Committee on Performance Evaluation and Expenditure Review (PEER) shall conduct
a review of the initiative, including any expansion of the initiative
authorized under this section, and produce an annual report to the Legislature
on their effectiveness by January 1 of each year. The PEER Committee shall
seek the assistance of the * * * Corrections
Overview Task Force and may seek assistance from any other criminal justice
experts it deems necessary during its review.
SECTION 5. Section 47-7-3, Mississippi Code of 1972, is amended as follows:
47-7-3. (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 has observed the rules of the department, and who has served the minimum required time for parole eligibility, may be released on parole as set forth herein:
(a) Habitual offenders. 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;
(b) Sex offenders. Any person who has been sentenced for a sex offense as defined in Section 45-33-23(h) shall not be released on parole except for a person under the age of nineteen (19) who has been convicted under Section 97-3-67;
(c) Capital offenders. No person sentenced for the following offenses shall be eligible for parole:
(i) Capital murder committed on or after July 1, 1994, as defined in Section 97-3-19(2);
(ii) Any offense to which an offender is sentenced to life imprisonment under the provisions of Section 99-19-101; or
(iii) Any offense to which an offender is sentenced to life imprisonment without eligibility for parole under the provisions of Section 99-19-101, whose crime was committed on or after July 1, 1994;
(d) Murder. No person sentenced for murder in the first degree, whose crime was committed on or after June 30, 1995, or murder in the second degree, as defined in Section 97-3-19, shall be eligible for parole;
(e) Human trafficking. No person sentenced for human trafficking, as defined in Section 97-3-54.1, whose crime was committed on or after July 1, 2014, shall be eligible for parole;
(f) Drug trafficking. No person sentenced for trafficking and aggravated trafficking, as defined in Section 41-29-139(f) through (g), shall be eligible for parole;
(g) Offenses specifically prohibiting parole release. No person shall be eligible for parole who is convicted of any offense that specifically prohibits parole release;
(h) (i) Offenders eligible for parole consideration for offenses committed after June 30, 1995. Except as provided in paragraphs (a) through (g) of this subsection, offenders may be considered eligible for parole release as follows:
1. Nonviolent crimes. All persons sentenced for a nonviolent offense shall be eligible for parole only after they have served twenty-five percent (25%) or ten (10) years, whichever is less, of the sentence or sentences imposed by the trial court. For purposes of this paragraph, "nonviolent crime" means a felony not designated as a crime of violence in Section 97-3-2.
2. Violent crimes. A person who is sentenced for a violent offense as defined in Section 97-3-2, except robbery with a deadly weapon as defined in Section 97-3-79, drive-by shooting as defined in Section 97-3-109, and carjacking as defined in Section 97-3-117, shall be eligible for parole only after having served fifty percent (50%) or twenty (20) years, whichever is less, of the sentence or sentences imposed by the trial court. Those persons sentenced for robbery with a deadly weapon as defined in Section 97-3-79, drive-by shooting as defined in Section 97-3-109, and carjacking as defined in Section 97-3-117, shall be eligible for parole only after having served sixty percent (60%) or twenty-five (25) years, whichever is less, of the sentence or sentences imposed by the trial court.
3. Nonviolent and nonhabitual drug offenses. A person who has been sentenced to a drug offense pursuant to Section 41-29-139(a) through (d), whose crime was committed after June 30, 1995, shall be eligible for parole only after he has served twenty-five percent (25%) or ten (10) years, whichever is less, of the sentence or sentences imposed.
(ii) Parole hearing required. All persons eligible for parole under subparagraph (i) of this paragraph (h) who are serving a sentence or sentences for a crime of violence, as defined in Section 97-3-2, shall be required to have a parole hearing before the Parole Board pursuant to Section 47-7-17, prior to parole release.
(iii) Geriatric parole. Notwithstanding the provisions in subparagraph (i) of this paragraph (h), a person serving a sentence who has reached the age of sixty (60) or older and who has served no less than ten (10) years of the sentence or sentences imposed by the trial court shall be eligible for parole. Any person eligible for parole under this subparagraph (iii) shall be required to have a parole hearing before the board prior to parole release. No inmate shall be eligible for parole under this subparagraph (iii) of this paragraph (h) if:
1. The inmate is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87;
2. The inmate is sentenced for a crime of violence under Section 97-3-2;
3. The inmate is sentenced for an offense that specifically prohibits parole release;
4. The inmate is sentenced for trafficking in controlled substances under Section 41-29-139(f);
5. The inmate is sentenced for a sex crime; or
6. The inmate has not served one-fourth (1/4) of the sentence imposed by the court.
(iv) Parole consideration as authorized by the trial court. Notwithstanding the provisions of paragraph (a) of this subsection, any offender who has not committed a crime of violence under Section 97-3-2 and has served twenty-five percent (25%) or more of his sentence may be paroled by the State Parole Board if, after the sentencing judge or if the sentencing judge is retired, disabled or incapacitated, the senior circuit judge authorizes the offender to be eligible for parole consideration; or if the senior circuit judge must be recused, another circuit judge of the same district or a senior status judge may hear and decide the matter. A petition for parole eligibility consideration pursuant to this subparagraph (iv) shall be filed in the original criminal cause or causes, and the offender shall serve an executed copy of the petition on the District Attorney. The court may, in its discretion, require the District Attorney to respond to the petition.
(2) The State Parole Board shall, by rules and regulations, establish a method of determining a tentative parole hearing date for each eligible offender taken into the custody of the Department of Corrections. The tentative parole hearing date shall be determined within ninety (90) days after the department has assumed custody of the offender. Except as provided in Section 47-7-18, the parole hearing date shall occur when the offender is within thirty (30) days of the month of his parole eligibility date. Any parole eligibility date shall not be earlier than as required in this section.
(3) Notwithstanding any other provision of law, an inmate shall not be eligible to receive earned time, good time or any other administrative reduction of time which shall reduce the time necessary to be served for parole eligibility as provided in subsection (1) of this section.
(4) Any inmate within forty-eight (48) months of his parole eligibility date and who meets the criteria established by the classification board shall receive priority for placement in any educational development and job-training programs that are part of his or her parole case plan. Any inmate refusing to participate in an educational development or job-training program, including, but not limited to, programs required as part of the case plan, shall be in jeopardy of noncompliance with the case plan and may be denied parole.
(5) In addition to other requirements, if an offender is convicted of a drug or driving under the influence felony, the offender must complete a drug and alcohol rehabilitation program prior to parole, or the offender shall be required to complete a postrelease drug and alcohol program as a condition of parole.
(6) Except as provided in subsection (1)(a) through (h) of this section, all other persons shall be eligible for parole after serving twenty-five percent (25%) of the sentence or sentences imposed by the trial court, or, if sentenced to thirty (30) years or more, after serving ten (10) years of the sentence or sentences imposed by the trial court.
(7) The * * *
From and after July 1, 2026, the Corrections Overview Task Force
established in Section * * *
1 of this act shall develop and submit recommendations to the Governor and
to the Legislature annually on or before December 1st concerning issues
relating to juvenile and habitual offender parole reform and to review and
monitor the implementation of Chapter 479, Laws of 2021.
(8) The amendments contained in Chapter 479, Laws of 2021, shall apply retroactively from and after July 1, 1995.
(9) Notwithstanding provisions to the contrary in this section, a person who was sentenced before July 1, 2021, may be considered for parole if the person's sentence would have been parole eligible before July 1, 2021.
(10) This section shall stand repealed on July 1, 2027.
SECTION 6. To repeal Section 47-5-6, Mississippi Code of 1972, which creates the Corrections and Criminal Justice Task Force and provides its duties, is repealed.
SECTION 7. This act shall take effect and be in force from and after July 1, 2026.
