Bill Text: MS HB640 | 2018 | Regular Session | Introduced

---

Bill Title: Earned time allowance; revise which offenders are eligible for.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-01-30 - Died In Committee [HB640 Detail]

Download: Mississippi-2018-HB640-Introduced.html

---

MISSISSIPPI LEGISLATURE

2018 Regular Session

To: Corrections; Judiciary B

By: Representative Banks

House Bill 640

AN ACT TO AMEND SECTION 47-5-139, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF AN INMATE WAS NOT SENTENCED TO LIFE IMPRISONMENT FOR CAPITAL MURDER AND HE OR SHE HAS REACHED 65 YEARS OF AGE AND HAS SERVED A MINIMUM OF 15 YEARS OF HIS OR HER SENTENCE, THEN SUCH INMATE IS ELIGIBLE FOR EARNED TIME ALLOWANCE; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 47-5-139, Mississippi Code of 1972, is amended as follows:

     47-5-139.  (1)  An inmate shall not be eligible for the earned time allowance if:

          (a)  Except as otherwise provided, the inmate was sentenced to life imprisonment; * * *but however, an inmate * * *, except an inmate sentenced to life imprisonment for capital murder, who has reached the age of sixty-five (65) or older * * *and, who has served at least fifteen (15) years, and has not been sentenced to life imprisonment for capital murder, may petition the sentencing court for conditional release;

          (b)  The inmate was convicted as a habitual offender under Sections 99-19-81 through 99-19-87;

          (c)  The inmate has forfeited his earned time allowance by order of the commissioner;

          (d)  The inmate was convicted of a sex crime; or

          (e)  The inmate has not served the mandatory time required for parole eligibility for a conviction of robbery or attempted robbery with a deadly weapon.

     (2)  An offender under two (2) or more consecutive sentences shall be allowed commutation based upon the total term of the sentences.

     (3)  All earned time shall be forfeited by the inmate in the event of escape and/or aiding and abetting an escape.  The commissioner may restore all or part of the earned time if the escapee returns to the institution voluntarily, without expense to the state, and without act of violence while a fugitive from the facility.

     (4)  Any officer or employee who shall willfully violate the provisions of this section and be convicted therefor shall be removed from office or employment.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2018.

---