29 Miss. Code. R. 201-3.1

Current through October 10, 2024

Rule 29-201-3.1 - Eligibility of Offenders for Parole

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 Department for a definite term or terms for 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 EXCEPT offenders sentenced as set forth in Miss. Code Ann. § 47-7-3(1) to include: habitual offenders; sex offenders; capital offenders; murder; human trafficking; drug trafficking; and offenders specifically prohibiting parole release.

At its discretion, the Board may grant parole after an inmate serves a statutorily mandated portion of his or her sentence.

Offenders eligible for parole consideration for offenses committed after June 30, 1995, may be considered eligible for parole release as follows:

A.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 Miss. Code Ann. § 97-3-2.

B.Violent crimes. A person who is sentenced for a violent offense as defined in Miss. Code Ann. § 97-3-2, except robbery with a deadly weapon as defined in Miss. Code Ann.§ 97-3-79, drive-by shooting as defined in Miss. Code Ann. § 97-3-109, and carjacking as defined in Miss. Code Ann. § 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 Miss. Code Ann. § 97-3-79, drive-by shooting as defined in Miss. Code Ann. § 97-3-109, and carjacking as defined in Miss. Code Ann. § 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.

C.Nonviolent and nonhabitual drug offenses. A person who has been sentenced to a drug offense pursuant to Miss. Code Ann. § 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.

D.Geriatric and Medical Parole. The Board is governed by the criteria set forth in Miss Code. Ann. § 47-7-3(1)(h)(iii) in determining whether an inmate is eligible for geriatric parole (may apply to inmates who have reached the age of sixty (60) and served no less than ten (10) years of his or her sentence). Geriatric parole is not guaranteed.

The Board is governed by the criteria set forth in Miss. Code Ann. § 47-7-4 to determine whether an inmate is eligible for medical parole (may be applied to "medically frail" individuals, as defined by statute). Medical parole is not guaranteed.

An inmate shall agree to release his or her records (that are directly relevant to the condition(s) rendering him medically frail) to any prosecuting attorney of the county from which the inmate was committed before the Board determines whether or not to grant medical parole.

The Board determines which licensed special care facility or medical facility is appropriate for medical care and treatment for medically paroled inmates. However, the Board shall not retain authority over parolee's medical treatment plan.

The Department may enter into contracts to facilitate housing of medically paroled inmates. The Department shall appoint a specialist in the appropriate field of medicine (who is not employed in the Department) to evaluate the potentially medical-parole-eligible inmate's condition.

The Board shall revoke medical parole if the inmate recovers from the mental or physical medical condition that rendered the inmate medically frail. Following the revocation, the Department shall ensure that the inmate returns to incarceration.

29 Miss. Code. R. 201-3.1

Miss. Code Ann. §§ 47-7-3(1)(h)(i), § 47-7-17(1), § 47-7-3(3), and 47-7-4

Amended 8/18/2023