Bill Text: MS HB465 | 2021 | Regular Session | Introduced
Bill Title: Compassionate Parole Eligibility Act of 2021; create.
Spectrum: Bipartisan Bill
Status: (Failed) 2021-02-02 - Died In Committee [HB465 Detail]
Download: Mississippi-2021-HB465-Introduced.html
MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Corrections
By: Representative Horan
House Bill 465
AN ACT TO AMEND SECTION 47-7-3, TO PROVIDE THAT AN INMATE, AS LONG AS THE INMATE IS NOT CONVICTED OF A SEX OFFENSE OR OF CAPITAL MURDER OR SENTENCED TO DEATH, SHALL BE ELIGIBLE FOR PAROLE IF HE OR SHE HAS BEEN DIAGNOSED WITH A TERMINAL ILLNESS OR DISEASE AND HAS A LIFE EXPECTANCY OF A YEAR OR LESS OR IS COMPLETELY DISABLED AND DOES NOT HAVE THE ABILITY TO PROVIDE SELF-CARE AND HE OR SHE IS BEDRIDDEN OR THE INMATE HAS LIMITED SELF-CARE CAPACITY AND IS BEDRIDDEN AT LEAST 50% OF WAKING HOURS; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO PROVIDE TO THE PAROLE BOARD, EVERY THIRTY DAYS, A LIST OF INMATES WHO MAY BE ELIGIBLE FOR PAROLE ELIGIBILITY DUE TO CERTAIN MEDICAL CONDITIONS; TO REQUIRE THE DEPARTMENT OR ITS MEDICAL DIRECTOR TO NOTIFY THE PAROLE BOARD OF ANY INMATE WHO IS DIAGNOSED WITH A TERMINAL ILLNESS OR DISEASE WITHIN SEVENTY-TWO HOURS OF THE DIAGNOSIS; TO AMEND SECTION 47-7-4, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE PAROLE BOARD, ALONG WITH THE COMMISSIONER OF CORRECTIONS AND THE DEPARTMENT OF CORRECTION'S MEDICAL DIRECTOR, TO PLACE CERTAIN OFFENDERS ON CONDITIONAL MEDICAL RELEASE IF THE OFFENDERS HAVE BEEN DIAGNOSED WITH A TERMINAL ILLNESS OR DISEASE AND HAVE A LIFE EXPECTANCY OF A YEAR OR LESS OR ARE COMPLETELY DISABLED AND DO NOT HAVE THE ABILITY TO PROVIDE SELF-CARE AND ARE BEDRIDDEN OR THE OFFENDER HAS LIMITED SELF-CARE CAPACITY AND IS BEDRIDDEN AT LEAST 50% OF WAKING HOURS; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO PROVIDE TO THE PAROLE BOARD, EVERY THIRTY DAYS, A LIST OF INMATES WHO MAY BE ELIGIBLE FOR CONDITIONAL MEDICAL RELEASE DUE TO CERTAIN MEDICAL CONDITIONS; TO REQUIRE THE DEPARTMENT OR ITS MEDICAL DIRECTOR TO NOTIFY THE PAROLE BOARD OF ANY INMATE WHO IS DIAGNOSED WITH A TERMINAL ILLNESS OR DISEASE WITHIN SEVENTY-TWO HOURS OF THE DIAGNOSIS; TO AUTHORIZE THE STATE PAROLE BOARD TO APPROVE SUPERVISED RESIDENTIAL CARE FACILITIES TO BE MONITORED BY THE PAROLE BOARD AND THE STATE DEPARTMENT OF HEALTH; TO PROVIDE THAT A SUPERVISED RESIDENTIAL CARE FACILITY SHALL HOUSE INMATES THAT ARE ON PAROLE UNDER CONDITIONAL MEDICAL RELEASE; TO PROVIDE THAT SUCH FACILITY SHALL HAVE ENHANCED SECURITY AND MAY OPERATE AS A NURSING HOME, END-STAGE RENAL DISEASE FACILITY, LONG-TERM CARE HOSPITAL FACILITY, ASSISTED LIVING FACILITY OR HOSPICE CARE FACILITY; TO AMEND SECTION 47-7-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE PAROLE BOARD TO PLACE CERTAIN OFFENDERS ON CONDITIONAL MEDICAL RELEASE; TO AMEND SECTION 47-7-17, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE PAROLE BOARD TO ORDER A PSYCHIATRIC OR PSYCHOLOGICAL EXAMINATION, WHEN NECESSARY, WHEN MAKING A PAROLE DECISION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. 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 not less than one-fourth (1/4) of the total of such term or terms for which such prisoner was sentenced, or, if sentenced to serve a term or terms of thirty (30) years or more, or, if sentenced for the term of the natural life of such prisoner, has served not less than ten (10) years of such life sentence, may be released on parole as hereinafter provided, except that:
(a) No prisoner convicted as a confirmed and habitual criminal under the provisions of Sections 99-19-81 through 99-19-87 shall be eligible for parole;
(b) Any person who shall have been convicted of a sex crime 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) (i) No person shall be eligible for parole who shall, on or after January 1, 1977, be convicted of robbery or attempted robbery through the display of a firearm until he shall have served ten (10) years if sentenced to a term or terms of more than ten (10) years or if sentenced for the term of the natural life of such person. If such person is sentenced to a term or terms of ten (10) years or less, then such person shall not be eligible for parole. The provisions of this paragraph (c)(i) shall also apply to any person who shall commit robbery or attempted robbery on or after July 1, 1982, through the display of a deadly weapon. This paragraph (c)(i) shall not apply to persons convicted after September 30, 1994;
(ii) No person shall be eligible for parole who shall, on or after October 1, 1994, be convicted of robbery, attempted robbery or carjacking as provided in Section 97-3-115 et seq., through the display of a firearm or drive-by shooting as provided in Section 97-3-109. The provisions of this paragraph (c)(ii) shall also apply to any person who shall commit robbery, attempted robbery, carjacking or a drive-by shooting on or after October 1, 1994, through the display of a deadly weapon. This paragraph (c)(ii) shall not apply to persons convicted after July 1, 2014;
(d) No person shall be eligible for parole who, on or after July 1, 1994, is charged, tried, convicted and sentenced to life imprisonment without eligibility for parole under the provisions of Section 99-19-101;
(e) No person shall be eligible for parole who is charged, tried, convicted and sentenced to life imprisonment under the provisions of Section 99-19-101;
(f) No person shall be eligible for parole who is convicted or whose suspended sentence is revoked after June 30, 1995, except that an offender convicted of only nonviolent crimes after June 30, 1995, may be eligible for parole if the offender meets the requirements in this subsection (1) and this paragraph. 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 may be required to complete a post-release drug and alcohol program as a condition of parole. For purposes of this paragraph, "nonviolent crime" means a felony other than homicide, robbery, manslaughter, sex crimes, arson, burglary of an occupied dwelling, aggravated assault, kidnapping, felonious abuse of vulnerable adults, felonies with enhanced penalties, except enhanced penalties for the crime of possession of a controlled substance under Section 41-29-147, the sale or manufacture of a controlled substance under the Uniform Controlled Substances Law, felony child abuse, or exploitation or any crime under Section 97-5-33 or Section 97-5-39(2) or 97-5-39(1)(b), 97-5-39(1)(c) or a violation of Section 63-11-30(5). In addition, an offender incarcerated for committing the crime of possession of a controlled substance under the Uniform Controlled Substances Law after July 1, 1995, including an offender who receives an enhanced penalty under the provisions of Section 41-29-147 for such possession, shall be eligible for parole. An offender incarcerated for committing the crime of sale or manufacture of a controlled substance shall be eligible for parole after serving one-fourth (1/4) of the sentence imposed by the trial court. This paragraph (f) shall not apply to persons convicted on or after July 1, 2014;
(g) (i) No person who, on or after July 1, 2014, is convicted of a crime of violence pursuant to Section 97-3-2, a sex crime or an offense that specifically prohibits parole release shall be eligible for parole. All persons convicted of any other offense on or after July 1, 2014, are eligible for parole after they have served one-fourth (1/4) of the sentence or sentences imposed by the trial court.
(ii) Notwithstanding the provisions in subparagraph (i) of this paragraph (g), 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 subsection 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 (ii) of this paragraph (g) 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.
(iii) 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 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 that senior circuit judge must be recused, another circuit judge of the same district or a senior status judge may hear and decide the matter;
(h) Notwithstanding any other provision of law, an inmate who has not been convicted as a habitual offender under Sections 99-19-81 through 99-19-87, has not been convicted of committing a crime of violence, as defined under Section 97-3-2, has not been convicted of a sex crime or any other crime that specifically prohibits parole release, and has not been convicted of drug trafficking under Section 41-29-139 is eligible for parole if the inmate has served twenty-five percent (25%) or more of his or her sentence, but is otherwise ineligible for parole.
(2) Notwithstanding any other provision of law, an inmate, except an inmate who has been convicted of capital murder as defined in Section 97-13-13 or who has been sentenced to death for another capital offense pursuant to Section 99-19-101, or who has been convicted of a sex offense as defined in Section 45-33-23(h), shall be eligible for parole if:
(a) The inmate has been diagnosed with a terminal illness or disease and has a life expectancy of twelve (12) months or less;
(b) The inmate is completely disabled such that he or she cannot carry out any self-care and he or she is bedridden; or
(c) The inmate is at limited self-care capacity such that he or she is bedridden at least fifty percent (50%) of waking hours.
Any offenders who are paroled pursuant to this subsection may be transitioned to an extended care facility that has the sole purpose of providing health care services for such paroled offenders or a facility that is solely devoted to providing health care services to such offenders.
( * * *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) 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. The parole hearing date shall occur when the offender is within
thirty (30) days of the month of his parole eligibility date. The parole
eligibility date shall not be earlier than one-fourth (1/4) of the prison sentence
or sentences imposed by the court.
( * * *5) Any inmate within twenty-four (24)
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 that is part of the case plan may be in
jeopardy of noncompliance with the case plan and may be denied parole.
(6) (a) The Department of Corrections shall provide to the State Parole Board a listing of all inmates who meet the criteria under subsection (2) of this section every thirty (30) days, regardless of whether an inmate has made such a request. The State Parole Board may request necessary documentation from the Department of Corrections and/or the state medical director at any time in order to determine the parole eligibility of any inmate pursuant to this section.
(b) The Department of Corrections or the medical director of the department shall notify the parole board of any inmate who is diagnosed with a terminal illness or disease within seventy-two (72) hours of such diagnosis.
(c) The Department of Corrections shall assist any inmate in making a request for parole eligibility if such a request is made by an inmate.
SECTION 2. Section 47-7-4, Mississippi Code of 1972, is amended as follows:
47-7-4. (1) The
commissioner and the medical director of the department or the State Parole
Board may place an offender who has served not less than one (1) year of
his or her sentence, except an offender convicted of * * * except
an inmate who has been convicted of a sex offense as defined in Section 45-33-23(h)
or who has been convicted of capital murder as defined in Section 97-13-13 or who
has been sentenced to death for another capital offense pursuant to Section 99-19-101,
may be placed on conditional medical release if:
(a) The offender has been diagnosed with a terminal illness or disease and has a life expectancy of twelve (12) months or less;
(b) The offender is completely disabled such that he or she cannot carry out any self-care and he or she is bedridden; or
(c) The offender is at limited self-care capacity such that he or she is bedridden at least fifty percent (50%) of waking hours.
(2) (a) The Department of Corrections shall provide to the State Parole Board a listing of all inmates who meet the criteria under subsection (1) of this section every thirty (30) days, regardless of whether an inmate has made such a request. The State Parole Board may request necessary documentation from the Department of Corrections and/or the state medical director at any time in order to determine whether an offender may be placed on conditional medical release pursuant to this section.
(b) The Department of Corrections or the medical director of the department shall notify the parole board of any inmate who is diagnosed with a terminal illness or disease within seventy-two (72) hours of such diagnosis.
(c) The Department of Corrections or the State Parole Board, as the case may be, shall assist any inmate in making a request for conditional medical release if such a request is made by an inmate.
Any offenders who are placed on conditional medical release pursuant to this subsection may be transitioned to an extended care facility that has the sole purpose of providing health care services for such paroled offenders or a facility that is solely devoted to providing health care services to such offenders.
(3) Upon the release
of * * *
an offender * * * pursuant to this section, the state shall not be
responsible or liable for any medical costs that may be incurred if such costs
are acquired after the offender is no longer incarcerated due to his or her
placement on conditional medical release. The commissioner or the parole
board shall not place an offender on conditional medical release unless the
medical director of the department certifies to the commissioner that (a) the
offender is suffering from a * * * medical condition prescribed in
subsection (1) of this section; (b) that his or her further incarceration
will serve no rehabilitative purposes; and (c) that the state would incur
unreasonable expenses as a result of his or her continued incarceration. Any offender
placed on conditional medical release shall be supervised by the Division of
Community Corrections of the department for the remainder of his or her
sentence. An offender's conditional medical release may be revoked and the
offender returned and placed in actual custody of the department if the
offender violates an order or condition of his or her conditional medical
release. An offender who is no longer bedridden shall be returned and placed
in the actual custody of the department.
(4) The State Parole Board is authorized to approve supervised residential care facilities to be monitored by the State Parole Board and the State Department of Health. A supervised residential care facility shall house inmates who are on parole under conditional medical release. The State Board of Health shall include in the State Health Plan any supervised residential care facility designed by the State Parole Board to be funded as if included in Title 41, Chapter 13, Mississippi Code of 1972. Patients housed in a supervised residential care facility shall be eligible for Medicaid. A supervised residential care facility shall have enhanced security and may be operated as a nursing home, end-stage renal disease facility, long-term care hospital facility, assisted living facility or hospice care facility. A supervised residential care facility shall provide a standard of medical care for patients the same as if such patients were still in the custody of the Department of Corrections. The State Parole Board shall agree for the department to compensate a supervised residential care facility for enhanced security as it compensates other facilities for housing paroled inmates.
SECTION 3. Section 47-7-5, Mississippi Code of 1972, is amended as follows:
47-7-5. (1) The State Parole Board, created under former Section 47-7-5, is hereby created, continued and reconstituted and shall be composed of five (5) members. The Governor shall appoint the members with the advice and consent of the Senate. All terms shall be at the will and pleasure of the Governor. Any vacancy shall be filled by the Governor, with the advice and consent of the Senate. The Governor shall appoint a chairman of the board.
(2) Any person who is appointed to serve on the board shall possess at least a bachelor's degree or a high school diploma and four (4) years' work experience. Each member shall devote his full time to the duties of his office and shall not engage in any other business or profession or hold any other public office. A member shall not receive compensation or per diem in addition to his salary as prohibited under Section 25-3-38. Each member shall keep such hours and workdays as required of full-time state employees under Section 25-1-98. Individuals shall be appointed to serve on the board without reference to their political affiliations. Each board member, including the chairman, may be reimbursed for actual and necessary expenses as authorized by Section 25-3-41. Each member of the board shall complete annual training developed based on guidance from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association. Each first-time appointee of the board shall, within sixty (60) days of appointment, or as soon as practical, complete training for first-time Parole Board members developed in consideration of information from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association.
(3) The board shall have exclusive responsibility for the granting of parole as provided by Sections 47-7-3 and 47-7-17 and shall have exclusive authority for revocation of the same. The board shall have exclusive responsibility for investigating clemency recommendations upon request of the Governor.
(4) The board, its members and staff, shall be immune from civil liability for any official acts taken in good faith and in exercise of the board's legitimate governmental authority.
(5) The budget of the board shall be funded through a separate line item within the general appropriation bill for the support and maintenance of the department. Employees of the department which are employed by or assigned to the board shall work under the guidance and supervision of the board. There shall be an executive secretary to the board who shall be responsible for all administrative and general accounting duties related to the board. The executive secretary shall keep and preserve all records and papers pertaining to the board.
(6) The board shall have no authority or responsibility for supervision of offenders granted a release for any reason, including, but not limited to, probation, parole or executive clemency or other offenders requiring the same through interstate compact agreements. The supervision shall be provided exclusively by the staff of the Division of Community Corrections of the department.
(7) (a) The Parole Board is authorized to select and place offenders in an electronic monitoring program under the conditions and criteria imposed by the Parole Board. The conditions, restrictions and requirements of Section 47-7-17 and Sections 47-5-1001 through 47-5-1015 shall apply to the Parole Board and any offender placed in an electronic monitoring program by the Parole Board.
(b) Any offender placed in an electronic monitoring program under this subsection shall pay the program fee provided in Section 47-5-1013. The program fees shall be deposited in the special fund created in Section 47-5-1007.
(c) The department shall have absolute immunity from liability for any injury resulting from a determination by the Parole Board that an offender be placed in an electronic monitoring program.
(8) (a) The Parole Board shall maintain a central registry of paroled inmates. The Parole Board shall place the following information on the registry: name, address, photograph, crime for which paroled, the date of the end of parole or flat-time date and other information deemed necessary. The Parole Board shall immediately remove information on a parolee at the end of his parole or flat-time date.
(b) When a person is placed on parole, the Parole Board shall inform the parolee of the duty to report to the parole officer any change in address ten (10) days before changing address.
(c) The Parole Board shall utilize an Internet website or other electronic means to release or publish the information.
(d) Records maintained on the registry shall be open to law enforcement agencies and the public and shall be available no later than July 1, 2003.
(9) An affirmative vote of at least four (4) members of the Parole Board shall be required to grant parole to an inmate convicted of capital murder or a sex crime.
(10) The Parole Board is authorized to place offenders on conditional medical release pursuant to Section 47-7-4.
( * * *11) This section shall stand repealed
on July 1, 2022.
SECTION 4. Section 47-7-17, Mississippi Code of 1972, is amended as follows:
47-7-17. Within one (1) year after his admission and at such intervals thereafter as it may determine, the board shall secure and consider all pertinent information regarding each offender, except any under sentence of death or otherwise ineligible for parole, including the circumstances of his offense, his previous social history, his previous criminal record, including any records of law enforcement agencies or of a youth court regarding that offender's juvenile criminal history, his conduct, employment and attitude while in the custody of the department, the case plan created to prepare the offender for parole, and the reports of such physical and mental examinations as have been made. The Parole Board may also order a psychiatric or psychological examination when it determines such examination is necessary to making a parole decision. The board shall furnish at least three (3) months' written notice to each such offender of the date on which he is eligible for parole.
Before ruling on the
application for parole of any offender, the board may require a parole-eligible
offender to have a hearing as required in this chapter before the board and to
be interviewed. The hearing shall be held no later than thirty (30) days prior
to the month of eligibility. No application for parole of a person convicted
of a capital offense shall be considered by the board unless and until notice
of the filing of such application shall have been published at least once a
week for two (2) weeks in a newspaper published in or having general
circulation in the county in which the crime was committed. The board shall,
within thirty (30) days prior to the scheduled hearing, also give notice of the
filing of the application for parole to the victim of the offense for which the
prisoner is incarcerated and being considered for parole or, in case the
offense be homicide, a designee of the immediate family of the victim, provided
the victim or designated family member has furnished in writing a current
address to the board for such purpose. Parole release shall, at the hearing,
be ordered only for the best interest of society, not as an award of clemency;
it shall not be considered to be a reduction of sentence or pardon. An offender
shall be placed on parole only when arrangements have been made for his proper
employment or for his maintenance and care, and when the board believes that he
is able and willing to fulfill the obligations of a law-abiding citizen. When
the board determines that the offender will need transitional housing upon
release in order to improve the likelihood of * * * the offender becoming a law-abiding
citizen, the board may parole the offender with the condition that the inmate
spends no more than six (6) months in a transitional reentry center. At least
fifteen (15) days prior to the release of an offender on parole, the director
of records of the department shall give the written notice which is required
pursuant to Section 47-5-177. Every offender while on parole shall remain in
the legal custody of the department from which he was released and shall be
amenable to the orders of the board. Upon determination by the board that an
offender is eligible for release by parole, notice shall also be given within
at least fifteen (15) days before release, by the board to the victim of the
offense or the victim's family member, as indicated above, regarding the date
when the offender's release shall occur, provided a current address of the victim
or the victim's family member has been furnished in writing to the board for
such purpose.
Failure to provide notice to the victim or the victim's family member of the filing of the application for parole or of any decision made by the board regarding parole shall not
constitute grounds for vacating an otherwise lawful parole determination nor shall it create any right or liability, civilly or criminally, against the board or any member thereof.
A letter of protest against granting an offender parole shall not be treated as the conclusive and only reason for not granting parole.
The board may adopt such other rules not inconsistent with law as it may deem proper or necessary with respect to the eligibility of offenders for parole, the conduct of parole hearings, or conditions to be imposed upon parolees, including a condition that the parolee submit, as provided in Section 47-5-601 to any type of breath, saliva or urine chemical analysis test, the purpose of which is to detect the possible presence of alcohol or a substance prohibited or controlled by any law of the State of Mississippi or the United States. The board shall have the authority to adopt rules related to the placement of certain offenders on unsupervised parole and for the operation of transitional reentry centers. However, in no case shall an offender be placed on unsupervised parole before he has served a minimum of fifty percent (50%) of the period of supervised parole.
SECTION 5. This act shall take effect and be in force from and after July 1, 2021.
