29 Miss. Code. R. 201-3.2

Current through October 10, 2024

Rule 29-201-3.2 - Parole Consideration and Notification

A. In determining whether an inmate should be granted parole, the Board shall consider all pertinent information regarding each eligible offender, including the circumstances of his offense, his previous social history, his previous criminal record, whether he or she has served a sufficient portion of his sentence, 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 Board shall secure and consider this information within one (1) year after an inmate's admission into the Department's custody, and at such intervals thereafter as it may determine.

B. Parole of a person convicted of a capital offense shall not 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 committed³.⁴

C. 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.

D. The Board considers the victim's input as an important factor in making its decision as to whether or not to grant parole.⁵ The victim or designated family member shall be provided an opportunity to be heard by the Board before the Board makes a decision regarding release on parole. Information that is shared with the Board during an appointment may also be submitted to the Board by letter, or electronically through e-mail.

E. Parole release shall, at the hearing, be ordered 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 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.

F. 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.

G. 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.⁶

³ "Capital offenses" are those crimes punishable by the death penalty. The following crimes are deemed "capital offenses" under Mississippi law, and would require publication:

A. Capital murder, pursuant to Miss. Code Ann. § 97-3-19(2).

B. Treason, pursuant to Miss. Code Ann. § 97-9-67.

C. Aircraft piracy, pursuant to Miss. Code Ann. § 97-25-55(1).

⁴ The following capital offenders are eligible for parole: Inmates convicted of capital murder, whose crime was committed on or after July 1, 1994, as defined in Miss. Code Ann. § 97-3-19(2); Inmates sentenced to life imprisonment without eligibility for parole under the provisions of Miss. Code Ann. § 99-19-101, whose crime was committed on or after July 1, 1994. Miss. Code Ann. § 47-7-17(1)

⁵ A letter of protest against granting an offender parole shall not be treated as the conclusive and only reason for not granting parole. Miss. Code Ann. § 47-7-17(4). To register a victim and to receive more information about the Mississippi Crime Victims Bill of Rights, please visit https://www.ms.gov/mdoc/victim/Home/BillOfRights

⁶ 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. Source: Miss. Code Ann. § 47-7-17(3).

29 Miss. Code. R. 201-3.2

Miss. Code Ann. § 47-7-17(1)(2)

Amended 8/18/2023