Bill Text: MS SB2150 | 2014 | Regular Session | Introduced
Bill Title: Early release programs; revise eligibility and authorize release for certain juvenile offenders.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-02-04 - Died In Committee [SB2150 Detail]
Download: Mississippi-2014-SB2150-Introduced.html
MISSISSIPPI LEGISLATURE
2014 Regular Session
To: Corrections; Judiciary, Division A
By: Senator(s) Wiggins
Senate Bill 2150
AN ACT TO CREATE SECTION 47-5-142.1, MISSISSIPPI CODE OF 1972, TO REVISE THE ELIGIBILITY OF PERSONS CONVICTED OF CERTAIN OFFENSES TO RECEIVE EARLY RELEASE FOR EARNED TIME, TRUSTY TIME AND MERITORIOUS EARNED TIME; TO AUTHORIZE CIRCUIT COURTS TO DETERMINE WHETHER AN OFFENDER WHO COMMITTED A FELONY WHEN HE WAS UNDER THE AGE OF 18 MAY BE RELEASED AFTER THE OFFENDER HAS SERVED A CERTAIN PORTION OF THE SENTENCE IMPOSED BY THE TRIAL COURT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 47-5-142.1, Mississippi Code of 1972:
47.5-142.1. (1) Except as provided in subsection (2) of this section, an offender who was older than eighteen (18) years of age at the time he committed an offense shall not be eligible for earned time, trusty time, meritorious earned time, or any other administrative reduction in time if the offender:
(a) Was sentenced to life imprisonment without the possibility of parole;
(b) Was sentenced to life imprisonment;
(c) Was convicted as an habitual offender under Sections 99-19-81 through 99-19-87;
(d) Was convicted of second-degree murder, manslaughter or aggravated assault;
(e) Was convicted of a sex crime;
(f) Has not served the mandatory time required for parole eligibility for a conviction of robbery or attempted robbery with a deadly weapon; or
(g) Has forfeited an earned-time allowance by order of the commissioner.
(2) An offender who is sentenced to life imprisonment may petition the sentencing court for conditional release upon reaching the age of sixty-five (65) and if he has served at least fifteen (15) years of his sentence.
SECTION 2. (1) An offender who was under the age of eighteen (18) at the time he committed the felony for which he is sentenced shall be eligible for parole if the offender:
(a) Maintains a record of conduct showing that he has obeyed the rules of the department;
(b) Serves the time required in subsection (2) of this section; and
(c) Submits a petition to the circuit court for post-release supervision.
(2) An offender shall serve the required portion of his sentence before petitioning the circuit court for release. An offender:
(a) Sentenced to serve a term of imprisonment of at least thirty-five (35) years shall serve eighty-five percent (85%) of the sentence;
(b) Sentenced to life imprisonment with the possibility of parole shall serve thirty-five (35) years of the sentence.
(3) Upon receiving a petition for post-release supervision under this section, the court shall hold a hearing to determine whether the offender may be granted post-release supervision and the terms and conditions of that supervision.
SECTION 3. This act shall take effect and be in force from and after July 1, 2014.
