I personally dont think there ought to be such a thing as a mandatory life sentence because I believe in the fundamental Christian teaching that everybody is subject to change and is able to reform their lives, he said. Unknown to Mitchell, Hewitt was acting as a Madison County Sheriff Department informant. The two deputies waited for several minutes outside, and after Hewitt left the house, they followed him back to a different location and collected the recording device. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. This story has been shared 223,578 times. SB 2795, which went into law in July, expanded parole eligibility, but specifically excluded habitual offenders, something Gov. Along with looking at changes to the states habitual offender laws, he said, the organization is studying accomplishments in New Jersey and Texas to find solutions to boost re-entry and reduce recidivism rates in the Magnolia State. 2020). In October 1983, a Lowndes County circuit judge had sentenced him to three years in prison for selling less than one ounce of marijuana. We use cookies to optimize our website and our service. Overcrowding in prison systems is synonymous with human rights violations. In an opinion affirming the sentence, the Mississippi Court of Appeals wrote on Nov. 8, 2011:The circuit court determined that Mitchell was eligible for two sentence enhancements: the subsequent-drug-offender enhancement and the habitual-offender enhancement.. In October 2009, Tommy Jones, then a lieutenant in the Madison County sheriffs Departments narcotics division, used a confidential informant to trap Dwayne Boyd. Then-Sen. Joe Biden authored and then-President Bill Clinton signed the 1994 crime bill, creating harsh sentencing requirements (both men have since called for reversing those policies). When Williams came back, joined Hollins in the vehicle and sat on the passengers side, the law-enforcement officers immediately arrested both men. The petition argues: No less than four (4) decisions from this court hold that in order to meet due process standards, a sentencing enhancement statute must contain a non-vague definition of the term crime of violence.. I dont know all the facts of the case, but I am not considering pardoning her or anyone else at this time, the Associated Press reported him saying. Anything that diminishes the number of people serving habitual life sentences is good for society and good for the individual.. The new law does not expand eligibility options for violent crimes like murder or sexual assault. I think the argument is serious and needs resolution, but its a long shot, not just because all petitions for cert are a long shot, but because, in part, this issue has already been solved by the state of Mississippi, Steffey said. Too many incarcerated Mississippians were left out of this years criminal justice reform package and must be prioritized in future ones.. We are also devastated that, for the second year in a row, legislators failed to pass reforms to the states harmful habitual sentencing laws, the organization said in an April 1 statement. Except as provided by Sections 99-19-81 through 99-19-87, no person sentenced as a confirmed and habitual criminal for a crime of violence as defined by Section 97-3-2 shall be eligible for parole; (b) Sex offenders. Mississippi could prosper better if they werent paying for all these people in prison.. And I would like to see the habitual law go away. This year, our state legislature could strengthen pending bills and pass reforms to limit harsh habitual sentences, and to expand who is eligible for parole, to ensure that more people have the opportunity to go home one day. And not all are eligibilewe were able to ensure 1st and 2nd degree murderers cant get it. The habitual sentencing law is used by district attorneys to prosecute people for all offenses, including nonviolent crimes like shoplifting or drug possession. Email story tips to Kayode Crown at. These laws are the same as habitual offender laws but, for some states, focus more on violent crimes rather than non-violent crimes. in 2008a requirement under Mississippis three-strike law; Drummer had already served time for two prior felony convictions. This contributes to overcrowding. You can explore additional available newsletters here. Two Mississippi state senators and four state representatives filed 13 bills in the 2022 legislative session to reform the habitual offenders laws in the state: Sens. SB2795 excludes habitual offenders from earned parole. Drummer was convicted of possessing less than two ounces of marijuana and sentenced to life without parole under Mississippis habitual offender law. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. It is more than I can bear to think about. Parole-eligible inmates serving time for non-violent crimes currently must complete at least 25% of their sentence before they can get a parole hearing. These are laws that require harsher sentencing for perceived repeated offenders. After this victory, he said, Empower Mississippi will soon begin engaging in renewed talks with lawmakers about additional reforms. It will give some of the habitual offenders the right to be reassessed; it will give them a right to be re-sentenced and, you know, quite frankly, to give them some hope of getting out, which makes it easier for MDOC to manage those types of offenders, Bain said. Sex offender who committed his crime on or after August 23, 1994 must serve his sentence day for day, except a person under the age of 19 convicted under 97-3-67 is eligible for parole. While this would be a major improvement to the current legislation, the true end goal MS should have is the removal of habitual offender laws entirely. Thats more important than the dollar that it costs.. FWD.us agreed that there is much more work to do. Hewitt was a drug addict cooperating with the deputies in exchange for a reduced sentence, the Mississippi Court of Appeals would write later in 2011. After the mid-decade changes, though, the states inmate population skyrocketedeven as the states overall population stagnated. Legislative deadlines last month killed a bill that would have made parole possible for Drummer and hundreds of inmates like her, but other inmates and families could get a reprieve after Gov. Explaining his 2020 veto at the time, the governor said he feared it would allow violent offenders to get an early release. to: judiciary b. by: representative clark. Rep. And unless our lawmakers implement much-needed reforms, they will never go home. These laws often mandate long jail sentences for non-violent crimes, such as drug-related offenses. It is failing our state, and it is hurting all of us but there is a better way forward. S.B. He estimated that more than one in 10 prison inmates in Mississippi are there with enhanced sentences as habitual offenders., And some of those are doing life for minor drug offenses, he added. So offering some type of loopback for how far back the prosecutor can go before they charge you as a habitual offender (will help).. Daniel H. Sparks, R-Belmont, and Derrick T. Simmons, D-Greenville; and Reps. Rep. Bryant W. Clark, D-Pickens, Rep. Nick Bain, R-Corinth, Rep Robert L. Johnson III, D-Natchez, and Rep. Jeffery Harness, D-Fayette. The Mississippi Court of Appeals ruled against Brown in 2009, and Brown filed further, unsuccessful appeals to the state Supreme Court. There are no words to describe the trauma it would cause him to be forever separated from me. He cited Mississippi Code 99-19-81 due to the conviction being a third felony offense and Mississippi Code 41-29-147 because Houser was a subsequent drug offender, the Mississippi Appeals Court stated in its Aug. 29, 2009, opinion affirming the sentence. My faith reminds me I'm only saved because of God's grace and mercy. Except as provided by Sections 99-19-81 through 99-19-87, no person sentenced as a confirmed and habitual criminal shall be eligible for parole unless such prisoner has served ten (10) years of a sentence of forty (40) years or more; (b) Sex offenders. They found drug paraphernaliawhich can be means of inhaling or injecting a controlled substancein her vehicle. Its heartbreaking, I just wish he had some kind of hope, some kind of something that he could look forward to, but all you see is the nightmare that hes surrounded by, Paul Houser said. It will take effect on July 1. lawmakers must continue to work on changing the states harsh habitual sentencing laws, further safely reducing Mississippis prison population, and strengthening families and communities across our state., I dont know all the facts of the case, but I am not considering pardoning her or anyone else at this time,. Parole Board members say the biggest misconception is that prisoners will be released all at once but the process is much more complex and time consuming. It should be one penalty for one crime, Patsy said. Two people that may never go home again are Tameka Drummer and Patricia Brown. It also eases the burden on taxpayers, too. Photo courtesy Mississippi Department of Corrections Before the Aug. 1 call, Madison County Deputy Trey Curtis had wired Hewitt with an audiovisual recording device. The #msleg addressed ur issue and sent you a bill you could sign, he wrote. case or situation. We apologize for this error. Christopher Butler was convicted of possession of marijuana in the state of Mississippi. Written. Mississippi Earned Parole Eligibility Act. Jacqueline Rudder is a lifelong Mississippian who currently resided in Madison County with her husband Beau and their two young sons. Since then, Covid-19 has not been eradicated just yet. (1) 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 Mississippi Department of Corrections for a definite term or terms of one (1) year or over, or for the term of his or her natural life, whose record of conduct shows that such prisoner The enactment of HB 585 impacted Mississippi's parole laws in several significant ways. It would make so much more sense to spend our resources helping people get back on their feet, helping them access treatment and job training, rather than leaving them to languish behind bars. 2023 NYP Holdings, Inc. All Rights Reserved, Biden frees woman busted with 15 pounds of heroin but hardly helps pot offenders, Whats she been smoking? He hopes to one day be released from prison and use his experiences to help educate young people caught in the judicial system. But What Comes Next? Unless something changes, Patricia Brown will spend the rest of her life inside a Mississippi prison, all because of a $20 rock of cocaine. 2795 came too late to save the dozens of people who were not eligible for parole and died in prison since legislators started working on these reforms. The technical storage or access is strictly necessary for the legitimate purpose of enabling the use of a specific service explicitly requested by the subscriber or user, or for the sole purpose of carrying out the transmission of a communication over an electronic communications network. Making these alternative forms of habitual offender laws just as damaging. Our prisons have become human warehouses. Matt Steffey, professor of law at the Mississippi College School of Law, said while getting a case before the U.S. Supreme Court is a long shot, especially since this case in particular regards an issue of state law, the legal argument is strong, much stronger than most.. All Rights Reserved. Copyright 2022 - The Botanical Empress. Over 1,000 people for every 100,000 are in some form of prison or detention center. JACKSON, Miss. Boyd then expected to face seven years imprisonment for that crime. Asked about the governor's thoughts towards reforming habitual offender laws, press secretary Bailey Martin wrote in a June 11 email, "Governor Reeves believes that Mississippi should focus on a full, multi-year implementation of the criminal justice reforms passed in 2014 and 2021 before any additional legislation regarding habitual . These are laws that require harsher sentencing for perceived 'repeated offenders'. In 2020, prisoners were provided little to no healthcare resources during the height of the pandemic. And it allows you some accountability for everybody, the lawmaker added. FOCUS: 2022 Elections Housing & Evictions #MSWelfare Scandal Jackson Water Abortion Race & Racism Policing Incarceration. The Clarion Ledger is local journalists telling local stories. Get free summaries of new opinions delivered to your inbox! Only one of the bills made it past the committee levelBains House Bill 981. Every person convicted in this state of a felony who shall have been convicted twice previously of any felony or federal crime upon charges separately brought and arising out of separate incidents at different times and who shall have been sentenced to separate terms of one (1) year or more in any state and/or federal penal institution, whether in this state or elsewhere, shall be sentenced to the maximum term of imprisonment prescribed for such felony, and such sentence shall not be reduced or suspended nor shall such person be eligible for parole or probation. This is just one important step, Judkins said in todays FWD.us statement today. Furthermore, these codes remove a persons ability to even be considered for parole or probation. After confirming that Hollins sent him, Wilson paid $200 for 1.5 grams of cocaine. Rep. Clark told the Mississippi Free Press in a Jan. 31 phone interview that his conversations with prosecutors and judges inspired his putting forth HB 87. Before, being sentenced as a "little" habitual offender meant the maximum sentence . If one of those felonies was violent, however, the big law ensures the person will be sentenced to life without parole. Tate Reeves this afternoon signed a separate criminal justice bill, Senate Bill 2795, making early release possible for thousands of non-habitual offenders. After Hewitt got an affirmative response from Mitchell, he drove to his house with Curtis and another deputyJohn Harrisfollowing in another vehicle. The judge who presided over her drug charge said the enhanced sentencing applied to Brown even though she was guilty as an accessory, because state law makes an accomplice guilty as principal. The study found that the Mississippi Earned Parole Eligibility Act will save at least $584 million with a low parole grant rate or as much as $988 million over a 30-year-period with a moderate parole grant rate., In signing this bill, Gov. Mississippi has some of the highest rates of overcrowding than any other state. Even after they become eligible, the State Parole Board must approve their release. Two days before Christmas in 2008, Gregory Antonio Hollins, now 46 years old, sold Jessica Wilson 1.5 grams of cocaine for $200 in Rankin County. House Bill 796 would have ended the practice of sentencing people with prior violent felonies to life in prison without parole on the basis of a non-violent third felonythe exact scenario that resulted in Drummers sentence. Unfortunately, other states that have enacted three-strikes rules still maintain persecution of non-violent drug crimes. 125 S. Congress Street #1324Jackson, MS 39201[emailprotected][emailprotected]601-362-6121. And then the courts just up and took my life away from me and not only me, my children. This law has ruined Johns life, as he has been unable to be there for his family or watch his children grow up. Large majorities of lawmakers in both of Mississippis Republican-dominated chambers approved the changes earlier this year. By 2000, more than 18,000 Mississippians lived behind bars. The Mississippi Court of Appeals vacated Norris Alexander's life-without-parole sentence as a habitual offender under Mississippi Code Section 99-19-81 (Rev. 2795 was not an easy call for me. Mississippi Code 99-19-83, as it now stands, mandates that if one of the earlier convictions was for a violent crime, even if the third felony is not, the court must sentence the defendant to life imprisonment without the option of parole. Even with the habitual law, Im trying to figure out how does anyone get to come up and determine (that) just because this guy has been in trouble two times or three times, then hey, lets just throw him away; the time (served) didnt mean (anything),' Larry said in a FWD.us video posted to Youtube in 2019. Push coming across political spectrum. With your gift, we can do even more important stories like this one. Sen. Wiggins, one of the legislations sponsors, thanked the governor in a tweet today. Sign up for our free summaries and get the latest delivered directly to you. But police officers were nearby waiting to pounce. One of the reasons Mississippi has such high levels of incarceration is due to its habitual offender laws. They later arrested Mitchell, and he faced trial in June 2010. Maximum sentencing with no hope for early release means thousands of prisoners are sitting in jail for extended periods of time. I had been out of jail on my armed robbery charge for 20 years, was working, had a job, worked every day and I was raising a family. After petitioners urged Reeves to grant Drummer a pardon last year, the governor said he did not plan to do so at the time. Under the "little" law, someone is sentenced to the maximum possible. Russell did more than eight years in prison on two home burglary charges and spent another two years in the clink after a conviction for unlawful possession of a firearm, according to the Mississippi Court of Appeals ruling. Thats a life that was thrown away, a family that has been torn apart, she said. Without their combined efforts, the bill would not have become law.. Felony crimes in Mississippi include possessing certain amount of drug, drug sale, rape, sexual violence, murder, manslaughter, domestic violence and robbery. Allen Russell's life sentence was upheld by a state appeals court Tuesday due to his. Habitual Offender Sentencing Reform Prison Conditions FAMM's work in Mississippi started in May 2019 when we asked the U.S. Department of Justice to open a formal investigation into Parchman State Penitentiary, after we received pictures of flooding, mold, and other deplorable conditions. It will take effect on July 1. Rep. Bain also proposed HB 0413, which died in committee, which would have modified Mississippi Code 99-19-81 to have the habitual-offenders sentence applied to a crime committed within 15 years of the previous two offenses. The executive director said that it would be a welcome development if the legislators would work on a mechanism to restore parole to those sentenced under habitual-offenders laws to allow them to return to their families. Black Women, Systemic Barriers and COVID-19 Project, Wilson agreed to be a confidential informant for the Flowood police and bait a cocaine seller, Mississippi Code 4129147 for a subsequent drug offense, Mississippi Appeals Court explained in its 2012 opinion, 1,000 feet of the real property of a school., remanded the case to Madison County Circuit Court for resentencing, the Mississippi Court of Appeals wrote on Nov. 8, 2011, signed the medical marijuana bill into law on Feb. 3, 2022, Housers second and third drug-related offense, In October 1983, a Lowndes County circuit judge had sentenced him to three years. They are separate entities. More: Parole, habitual offenders: Bills designed to lower Mississippi prison population His sentence was so high because he had previous felony arrests on drug charges one in 2002, and. An automated email reply on Thursday from Pillow indicated that he will not be back in office until Feb. 16, and has only periodic access to email until then. Steffey said the fact the statute has been amended to give a more clear definition of what is a violent crime tells the court that deciding this case wouldnt be a wholesale shake up to the states criminal justice system, only affecting a finite group of people who are similarly situated to Brown.
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