29 Miss. Code. R. 201-3.6 - Parole Violations and Revocations

The Board is governed by Miss. Code Ann. § 47-7-27 regarding procedures for parole revocations. At its discretion, the Board Chairman (or his designee) may issue a warrant for the return of any paroled offender to the custody of the Department at any time upon showing a probable violation of parole. The warrant shall authorize all persons named therein to return the paroled offender to actual custody of the Department from which he was paroled.

A. Convicted While on Parole. An offender convicted of a felony committed while on parole, whether in the State of Mississippi or another state, shall immediately have his parole revoked upon presentment of a certified copy of the commitment order to the Board.

If an offender is on parole and the offender is convicted of a felony for a crime committed prior to the offender being placed on parole, whether in the State of Mississippi or another state, the offender may have his parole revoked upon presentment of a certified copy of the commitment order to the board.

B. Parole Revocation Hearings - Deadlines and Penalties

1. Technical Violations; Penalties for Detained and Non-Detained Parolees. The Board shall hold a hearing for any parolee who is detained as a result of a warrant or a violation report within twenty-one (21) days of the parolee's admission to detention. The Board may, in its discretion, terminate the parole or modify the terms and conditions thereof.

a. For a parolee's first revocation, if the Board revokes parole for one or more technical violations, the Board shall impose a period of imprisonment to be served in a technical violation center operated by the Department not to exceed ninety (90) days.⁹

b. For the second revocation, the Board shall impose a period of imprisonment to be served in a technical violation center not to exceed one hundred twenty (120) days.

c. For the third revocation, the Board may impose a period of imprisonment to be served in a technical violation center for up to one hundred and eighty (180) days or the Board may impose the remainder of the suspended portion of the sentence.

d. For the fourth and any subsequent revocation, the Board may impose up to the remainder of the suspended portion of the sentence.

The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

2. Failure to Hold Hearing within Time-Frame; Technical Violations - Penalties.

If the Board does not hold a hearing or does not take action on the violation within the twenty-one-day time frame in as set forth in this Chapter, the parolee shall be released from detention and shall return to parole status. The Board may subsequently hold a hearing and may revoke parole or may continue parole and modify the terms and conditions of parole.¹⁰

C. Failure to Hold Revocation Hearing Within Time-Frame Required. Unless good cause for the delay is established in the record of the proceeding, the parole revocation charge shall be dismissed if the revocation hearing is not held within the thirty (30) days of the issuance of the warrant.

The Chairman and each Member of the Board and the designated parole revocation hearing officer may, in the discharge of their duties, administer oaths, summon and examine witnesses, and take other steps as may be necessary to ascertain the truth of any matter about which they have the right to inquire.

⁹ A "technical violation" means an act or omission by the parolee that violates a condition or conditions of parole placed on the parolee by the Board. Mississippi Code Annotated § 47-7-2(q).

¹⁰ The same revocation procedure listed above applies to parolees under this category.

Notes

29 Miss. Code. R. 201-3.6

Miss. Code Ann. §§ 47-7-27, et seq. and 47-7-37

Amended 8/18/2023