She told him on the phone that she wanted to buy $200 worth of cocaine. In October 1983, a Lowndes County circuit judge had sentenced him to three years in prison for selling less than one ounce of marijuana. Other inmates, like Gregory Hollins, are serving long sentences without parole because of multiple non-violent offenses. As such, prisoners are still facing a health crisis in overcrowded complexes. HB 234 (As Introduced) - 2021 Regular Session 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. 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.. 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. These extreme sentences tear families apart with little to no hope of reunification. Tate Reeves signed the medical marijuana bill into law on Feb. 3, 2022. Despite new state law, dozens imprisoned in Mississippi for nonviolent The Court of Appeals held that the Circuit Court erred by denying Alexander's motions for funds to hire a mitigation investigator and an adolescent-development psychologist for his Miller v. Mississippi Clarion Ledger. Two people that may never go home again are Tameka Drummer and Patricia Brown. Get free summaries of new opinions delivered to your inbox! You can read more about Kendalls case here. The Clarion Ledger is local journalists telling local stories. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. The technical storage or access that is used exclusively for anonymous statistical purposes. Mississippi prison reform: Make House Bill 1024 bill retroactive Commentary on Mississippi habitual offenders law: Change needed And right now, we are not extending that same grace and mercy to our fellow incarcerated Mississippians. "The primary changes will be non-violent drug offenses. Nine hundred and six people received 20 or more years in prison, with nearly half of them439 peopleserving a life or virtual life sentence of 50 years or more, and 449 are aged 50 or older. There have been numerous studies for years that habitual offender laws are not effective in deterring criminal behavior nor in capturing the high-level criminals these laws were designed to catch. Before the Aug. 1 call, Madison County Deputy Trey Curtis had wired Hewitt with an audiovisual recording device. The bill, known as SB2795, would mitigate both aforementioned codes and allows prisoners the opportunity for parole. The Mississippi Free Press is a project of the Mississippi Journalism and Education Group, a 501(c)(3) nonprofit journalism organization (EIN 85-1403937). 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. I think a lot of the phone calls we receive get people so excited when they hear, Oh, they passed a new law and this is going to happen. And thats not necessarily applying to them, said board member Betty Lou Jones. However, apetition for writ of certiorari sent to the court notes that two trial court judges differed on whether Brown was eligible for life under the sentencing enhancement. Save my name, email, and website in this browser for the next time I comment. 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. A judge sentenced her to, life in prison without the possibility of parole for felony marijuana possession. With your gift, we can do even more important stories like this one. She was arrested after less than $20 of cocaine fell out of her pocket. The sentence was a mandatory minimum under Mississippis habitual offender laws, which are some of the harshest in the country. Police confiscated five bags from Russell when he was arrested in 2017, and confirmed that two of the bags contained 1.5 ounces of marijuana. 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. Essentially, the federal government gave financial incentives for states to implement stricter sentencing requirements around Three-strikes, youre out, and to limit parole eligibility, Latino told the Mississippi Free Press today. The new law provides that avenue for leniency by permitting non-violent habitual offenders to petition the sentencing judge for parole eligibility after serving a quarter of their sentence. Since then, Covid-19 has not been eradicated just yet. Our hard-earned tax dollars are being used to lock these women up. 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.. Latino did not address the ruling specifically, but said he believes Mississippi will need to make changes to the way it handles juvenile justice issues moving forward in order to avoid federal intervention. But lawmakers opted for the narrower reforms this year after Gov. Kendall Martin was sentenced to 60 years in prison for possession of marijuana without the possibility of parole. These are laws that require harsher sentencing for perceived repeated offenders. 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. You got my 40? Ronnie Hewitt asked Jermaine Mitchell, who was then 29 years old, on the phone on Aug. 1, 2009. And I think that thats a serious problem, a serious policy problem for the state, especially those that are doing live on a marijuana charge, now that we have essentially allowed for medical marijuana in the state.. When Tameka Drummer celebrates her 47th birthday inside Rankin Countys Central Mississippi Correctional Facility in three days, she will be no closer to leaving prison than she was on her 37th birthday. My faith reminds me I'm only saved because of God's grace and mercy. Latino cautioned that the new laws full impact will not manifest immediately. The Mississippi Free Press is a project of the Mississippi Journalism and Education Group, a 501(c)(3) nonprofit journalism organization (EIN 85-1403937). This is a smart on crime, soft on taxpayer conservative reform., Among those who deserve immense credit in this process are Reps. Nick Bain and Kevin Horan, Sens. We have the second-highest rate of imprisonment in the entire country, she said. They can never give me back what they took from me, never, she said. Senior Reporter Kayode Crown was born in Nigeria, where he worked as a journalist at a state government-owned enterprise. Mississippi - FAMM The hopeful news for criminal-justice reforms came hours after the U.S. Supreme Court, in an opinion authored by Justice Brett Kavanaugh, dealt a blow to some advocates with its ruling in Jones v. Mississippi by declining to reverse a life-without-parole sentence for a Mississippi inmate who was convicted at age 15. On June 30, 2010, the Madison County Circuit Court sentenced Mitchell to the maximum sentence of 60 years and doubled it to 120 years without the possibility of parole. Award-winning News Editor Ashton Pittman, a native of the South Mississippi Pine Belt, studied journalism and political science at the University of Southern Mississippi. And unless our lawmakers implement much-needed reforms, they will never go home. The inmate is sentenced for a crime of 123 violence under Section 97-3-2; 124 3. . BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Connect with your community by subscribing today. He earned a post-graduate diploma in journalism from the International Institute of Journalism in Abuja, Nigeria, in 2011. Browns attorney, Jim Waide of Tupelo, is appealing to the U.S. Supreme Court on the grounds that what is defined as a violent crime under the statute is unconstitutionally vague. Mississippis COVID-19 Recovery Is Real, Experts Say. Even after they become eligible, the State Parole Board must approve their release. Email story tips to Kayode Crown at. 125 S. Congress Street #1324Jackson, MS 39201[emailprotected][emailprotected]601-362-6121. The Clarion Ledger: Local journalists telling Mississippi stories. Latino said there are about 90 inmates in Mississippi who, like Drummer, are serving life-without-parole because of a third non-violent felony following earlier violent ones. After confirming that Hollins sent him, Wilson paid $200 for 1.5 grams of cocaine. The third felony doesnt have to be violent for the law to take effect. And no one gets out JUST because they are older. Many of those who pushed for parole reform referenced the cost savings to the state taxpayers, but board member Jim Cooper says that wont play into their decisions. In addition to the BC Cold and Sinus Powders found in Housers vehicle, the police found syringes and needles that were known to be the type used by methamphetamine addicts, the appeals court added. Disclaimer: These codes may not be the most recent version. They found drug paraphernaliawhich can be means of inhaling or injecting a controlled substancein her vehicle. It also notes that though the statute was amended in 2014 to give an updated definition of violent crime, which includes armed robbery, it still isnt clear on whether that would apply to someone convicted as an accessory. 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. 2021 regular session. 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. By the time of his scheduled release, he is expected to be 96 years old! Like a number of other states, Mississippi has two habitual offender laws, referred to as the big and little laws. This law has ruined Johns life, as he has been unable to be there for his family or watch his children grow up. Brown said, if she were out of prison, shed be with her children and grandchildren and taking care of her aging mother. Gov. Good policy takes time and at times a 2nd look. Madison, 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. Before, being sentenced as a "little" habitual offender meant the maximum sentence . Housers second and third drug-related offense happened within a few weekson May 5, 2006, and June 26, 2006when he was 45. The new law provides that avenue for leniency by permitting non-violent habitual offenders to petition the sentencing judge for parole eligibility after serving a quarter of their sentence. Rep. Bennie Thompson, the only remaining member from that period as well as the states only current Black or Democratic member of Congress, voted for it. The judge who presided over her robbery conviction found she did not commit a crime of violence because she did not possess the weapon used and was not physically present at the robbery. 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. 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). Reducing Harsh Sentencing Goal of House Bill to Limit Maximum In Matthew 25, the scripture talks about the 2nd coming of the Lord and how hes going to separate the sheep from the goats, said Parole Board chairman Steve Pickett. We apologize for this error. What residents should know about Mississippi's habitual offender law On the other hand, he said the fact the law has been amended may make the court see the case as having less national importance, as its also currently unknown if other states have laws similar enough that a decision would affect them as well. Were not going to suddenly see a 25% reduction in the prison population. Today, she is a 46-year-old mother of four, starting her 13th year at Central Mississippi Correctional Facility in Pearl. The new law provides that violent offenders are eligible for parole after serving 50% of their sentence or twenty years, whichever is shorter. One of the reasons Mississippi has such high levels of incarceration is due to its habitual offender laws. 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. Maybe not in this lifetime Ill ever be able to sit in a boat and fish with him again, or just actually sit at the kitchen table and have a home-cooked meal with him., Judkins said Mississippis habitual-offenders laws contribute to making the state one of the nations highest in incarceration. Its cruel and unusual punishment, added Brown, who said she has two kids who were 12 and 7 when she was incarcerated. A more expansive version of parole eligibility reform that the Legislature could have chosen instead, Senate Bill 2123, would have saved the state as much as $1.37 billion, the group said. House burglary and manslaughter are cases that the parole board, until July 1, have not seen," added Pickett. Gregory Hollins brother, Larry, said that the law of habitual offenders confused him. At the time of Browns conviction, the Mississippi statute did not provide a definition as to what constitutes a violent crime, the petition argues. Under these laws, many residents end up serving long sentences for non-violent crimes such as drug possession. 3 major changes to Mississippi's parole laws - Eichelberger Law Firm, PLLC 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,. Non-violent habitual offenders (aka "little" habitual) may now petition the sentencing court for parole eligibility. Mississippi has been my family's home for more than 200 years. Sign up for our free summaries and get the latest delivered directly to you. The inmate is sentenced as a habitual 121 offender under Sections 99-19-81 through 99-19-87; 122 2. Drummer and Brown could be moms again and Mississippians could live up to our Christian ideals. Our mission is to educate the public on the healing properties of natural herbs and plants. I think this sends a signal to the Department of Justice that were taking these problems seriously both administratively and through policy, Latino said this afternoon. That makes no sense; that makes no sense to me.. Punishments to fit the crime: Habitual offender laws can result in Nearly 80% of those people are 40 or older, and 27% of them are 55 or older. But What Comes Next? The new law, known as the Mississippi Earned Parole Eligibility Act, loosens Mississippis parole requirements, which are currently among the most restrictive in the nation. 39110 Prior to this law, prisoners convicted of a "crime of violence as defined by statute were not eligible for parole but were only eligible for earned release supervision after serving 50% of their sentence. You're all set! For instance, in Johnson v. United States, the government asked for an enhancement to sentencing based on the conviction of a violent felony in the Armed Career Criminal Act, which is defined as a crime that otherwise involves conduct that presents a serious potential of physical injury to another, according to the petition. A trained photojournalist, Ashton lives in South Mississippi with his husband, William, and their two pit bulls, Dorothy and Dru. According to data analyzed by The Appeal, as of August 4, 2021, there were nearly 600 people in Mississippi who were serving 20 years or more with no parole date and were considered habitual offenders. Several judges on the court dissented from the majority opinion. Our prisons have become human warehouses. Under the little law, someone is sentenced to the maximum possible prison sentence upon conviction of their third felony. Mississippi implemented the restrictive parole eligibility requirements and its habitual offender law in the 1990s as a tough-on-crime wave swept the nation, including the federal government. Mississippi Code 99-19-81 and Mississippi Code 99-19-83 are the two main ones that lawmakers are trying to adjust. The law also contains a significant change for non-violent offenders. It will also make life-imprisonment-without-parole for an habitual offender under Mississippi Code 99-19-83 applicable only on conviction of a crime of violence. This is the kind of reform that will take four or five years for us to see the real benefits of. Bain, first elected to the Legislature in 2012 as a . The habitual sentencing law is used by district attorneys to prosecute people for all offenses, including nonviolent crimes like shoplifting or drug possession. JACKSON, Miss. Reeves suggested he may not support future efforts if they include relaxing habitual offender laws. Reeves is helping to address the overcrowding problems created by the Clinton-Biden Crime Bill in the mid-1990s. Despite some middling criminal justice reforms in recent years, the Mississippi Department of Corrections reported that 17,229 inmates live in all the states jails and prisons as of April 2021. Mississippi hands down long prison sentences while providing few, if any, opportunities for release. 'Habitual Offenders' Spend Decades in Mississippi Prisons For Drug and Leading to overcrowded prisons and undue impacts throughout the United States. The circuit court re-sentenced Boyd in July 2013. For example, in a post-pandemic world, the concerns of Covid-19 are only amplified in an overcrowded prison. Three of the major changes are as follows: . Mississippi has some of the highest rates of incarceration in the country. In October 2009, Tommy Jones, then a lieutenant in the Madison County sheriffs Departments narcotics division, used a confidential informant to trap Dwayne Boyd. He has won numerous awards, including Outstanding New Journalist in the South, for his work covering immigration raids, abortion battles and even former Gov. It is in the best interest of all of us that every state with habitual offender laws begins to take the steps to remove them. Drummer'ssentence started when her little boy was only 4years old; hes now 16. Send tips to. To Hate Is to Lack: Of Racism and Raw Sienna. We give prosecutors the sole. 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 . I might not even be here. Hewitt entered the house, and Mitchell gave him a small bag of cocaine in exchange for $40. Allen Russells life sentence was upheld by a state appeals court Tuesday due to his habitual offender status from past run-ins with the law. I trust my Parole Board appointees to make wise decisions. Explaining his 2020 veto at the time, the governor said he feared it would allow violent offenders to get an early release. For example, Washington state was one of the first states to implement three-strikes legislation, which does not encompass non-violent drug-related offenses. The Mississippi Court of Appeals ruled against Brown in 2009, and Brown filed further, unsuccessful appeals to the state Supreme Court. Tate Reeves touted in a statement after it passed. Currently, a few laws in the Mississippi justice system mandate minimum sentencing for habitual offenders. 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. After the mid-decade changes, though, the states inmate population skyrocketed, even as the states overall population stagnated. 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. The sentence equates to a life sentence for Martin, who has never been convicted of anything violent before in his life. Delbert Hosemann and Speaker Philip Gunn. He got out of prison in 2019, six years after the Mississippi Supreme Courts decision. Mississippians are currently paying $360,000,000 a year to operate our prisons. It should be one penalty for one crime, Patsy said. In 2021, the governor of Mississippi Tate Reeves signed a new bill into law that should counteract these habitual offender laws. There are no words to describe the trauma it would cause him to be forever separated from me. In fact, two-thirds of Mississippi voters agree, according to a 2018 survey conducted for FWD.us., and believe habitual sentences shouldnt be applied to people whose current convictions are for non-violent crimes. 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. With your gift, we can do even more important stories like this one. Life without parole, people dont realize life without parole is a death sentence. The new parole law changes that system. I'm a wife and stay-at-home mom and a proud Mississippi girl. 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 . Too many incarcerated Mississippians were left out of this years criminal justice reform package and must be prioritized in future ones.. Front-runners come under attack during lackluster debate f Woman has 'loud, full body orgasm' in the middle of LA concert, Bride killed, groom seriously hurt by drunk driver just minutes after leaving reception, All the red carpet highlights and star-studded fashionfrom the Karl Lagerfeld-themed Met Gala, The best-dressed celebs at the 2023 Met Gala: Rihanna, Gisele Bndchen, more, Kim Kardashians Met Gala 2023 look sparks comparisons to Playboy cover, Kim Kardashian, Pete Davidson reunite at Met Gala 9 months after breakup, Khristina Williams previews the New York Liberty's 2023 WNBA season, Elon Musk Tells Bill Maher Woke Mind Virus Is Dangerous On Real Time, Katy Perry will be temporarily replaced on 'American Idol' amid drama. 2013 Mississippi Code Title 99 - CRIMINAL PROCEDURE Chapter 19 - JUDGMENT, SENTENCE, AND EXECUTION SENTENCING OF HABITUAL CRIMINALS 99-19-81 - Sentencing of habitual criminals to maximum term of imprisonment Universal Citation: MS Code 99-19-81 (2013)