29 Miss. Code. R. 201-4.1

Current through October 10, 2024

Rule 29-201-4.1 - Executive Clemency

The Mississippi Constitution provides the Governor with plenary power to grant clemency in all state criminal cases except those involving treason or impeachment. This power is unencroachable by the legislative or judicial branches of government. Under the Governor's clemency power, he has the authority to grant pardons, restore civil rights, grant indefinite or temporary suspensions and commute sentences after, upon his request, an investigation by the Board has been conducted and submitted to the Governor for his perusal.

A. PARDONS: A pardon relieves a convicted felon of all consequences of his or her conviction(s). In other words, a pardon wipes a conviction record clean including giving the individual the right to hold public office, to vote, hold certain licenses, carry firearms, obtain a liquor license and serve in the armed forces.

B. RESTORATION OF CIVIL RIGHTS: The restoration of civil rights allows convicted felons to vote and hold certain licenses. It does not allow a person to run for public office, obtain a liquor license, serve in the armed forces, or possess firearms.

C. COMMUTATION OF SENTENCES/EARLY RELEASE: This act by the Governor allows reduction of prison time or some other aspect of a sentence; however, it is not considered a pardon or a restoration of civil rights.

D. SUSPENSION: The Governor has the authority to grant temporary or indefinite stays in the execution of a sentence.

Statutes Pertaining to Parole

Mississippi Code of 1972 Annotated

25-41-3 Definitions (Open Meetings)

47-5-6 Establishment of Corrections and Criminal Justice Oversight Task Force

47-5-157 Discharge procedure

47-5-173 Personal leaves

47-5-177 Notice of release; parties required to be notified; additional notations for specified offenses

47-5-703 Definitions (Prison Overcrowding Emergency Powers Act)

47-5-705 Declaring overcrowding state of emergency

47-5-707 Notice of 95 percent capacity

47-5-709 Reporting 30-day duration of problem

47-5-711 Governor's role upon receiving report

47-5-713 Conditional advancement of parole dates

47-5-719 Governor's actions after receipt of 60-day report

47-5-723 Revocation of conditional advancement of parole eligibility dates

47-5-725 Conditions of parole advancement

47-5-727 Advancement independent of other adjustments

47-7-1 Short title (Probation and Parole Law)

47-7-2 Definitions (Probation and Parole Law)

47-7-3 Parole eligibility; earned time; tentative hearing date; program priority

47-7-3.1 Case plan for parole eligible inmates

47-7-3.2 Release of convicted person

47-7-4 Conditional medical release; nonviolent terminally ill offenders

47-7-5 State Parole Board generally

47-7-6 Collection of data by Parole Board

47-7-9 Division of Community Corrections; duties of personnel

47-7-11 Salaries and expenses

47-7-13 Operation of parole board

47-7-15 Further provisions concerning board's operations; seal; records

47-7-17 Consideration; notice; factors considered; rules

47-7-18 Hearing for release

47-7-19 Cooperation of correctional system officials and court officers with board

47-7-21 Privileged information

47-7-23 Rulemaking authority

47-7-25 Supplies provided parole on release

47-7-27 Procedure for parole revocation

47-7-29 Effect of felony on parolee or earned-release prisoner sentence

47-7-33.1 Discharge plan for released inmate

47-7-34 Post-release supervision; imposition by court; restrictions; termination

47-7-35 Permissible conditions of probation or post-release supervision; Sex Offender Registry check

47-7-36 Parole and probation meetings

47-7-37 Probation and post-release supervision violations; release with or without bail; procedure; duration

99-19-81 Habitual criminals; maximum term

99-19-83 Habitual criminals; life imprisonments

99-19-107 Life sentence imposed if death penalty unconstitutional

99-37-15 Resumption of payments

29 Miss. Code. R. 201-4.1

Mississippi Constitution § 124; Miss. Code Ann. § 47-7-5(3)

Adopted 8/18/2023