Bill Text: MS SB2053 | 2015 | Regular Session | Introduced


Bill Title: Earned time; exempt juvenile offenders from the provisions which could make them ineligible for a reduction in sentence.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2015-02-03 - Died In Committee [SB2053 Detail]

Download: Mississippi-2015-SB2053-Introduced.html

MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Corrections

By: Senator(s) Simmons (12th)

Senate Bill 2053

AN ACT TO AMEND SECTION 47-5-139, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE PROVISIONS MAKING AN OFFENDER INELIGIBLE FOR A REDUCTION IN SENTENCE UNDER THE EARNED-TIME PROGRAM SHALL NOT APPLY TO AN OFFENDER WHO WAS UNDER THE AGE OF 18 WHEN HE COMMITTED THE OFFENSE FOR WHICH HE WAS SENTENCED; 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)  Unless an inmate was under the age of eighteen (18) when he committed the offense for which he was sentenced, an inmate shall not be eligible for the earned-time allowance if:

          (a)  The inmate was sentenced to life imprisonment; but 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 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, 2015.


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