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).
