KLS Keeping Law Simple Legislation in plain English

Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.

Back to Mississippi

HB110 • 2026

Mandatory 85% sentencing rule; repeal.

AN ACT TO AMEND SECTION 47-5-138, MISSISSIPPI CODE OF 1972, TO REPEAL THE PROVISION OF LAW THAT PROHIBITS ANY ELIGIBLE INMATE, WHOSE SENTENCE WAS IMPOSED AFTER JUNE 30, 1995, FROM ACCRUING EARNED-TIME ALLOWANCE THAT EXCEEDS FIFTEEN PERCENT OF HIS OR HER SENTENCE; AND FOR RELATED PURPOSES.

Crime
Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Johnson
Last action
2026-02-03
Official status
Dead
Effective date
Passage

Plain English Breakdown

The bill summary does not provide details about what new limits, if any, would apply to inmates' earned-time allowance after repeal of the existing rule.

Repeal of Mandatory Sentencing Rule

This bill aims to remove a law that limited the amount of earned-time allowance inmates could earn if their sentence was imposed after June 30, 1995.

What This Bill Does

  • Removes a rule that stopped inmates sentenced after June 30, 1995 from earning more than 15% of their sentence as earned time.

Who It Names or Affects

  • Inmates who were sentenced after June 30, 1995
  • The Department of Corrections

Terms To Know

earned-time allowance
Time off a sentence based on good behavior and performance.

Limits and Unknowns

  • This bill did not pass, so it has no effect on current laws.
  • It does not change the rules for inmates sentenced before June 30, 1995.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (H) Died In Committee

  2. 2026-01-07 Mississippi Legislative Bill Status System

    01/07 (H) Referred To Corrections;Judiciary B

Official Summary Text

Mandatory 85% sentencing rule; repeal.

Current Bill Text

Read the full stored bill text 
H. B. No. 110 *HR43/R150* ~ OFFICIAL ~ G1/2
26/HR43/R150
PAGE 1 (OM\KP)

To: Corrections; Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Johnson

HOUSE BILL NO. 110

AN ACT TO AMEND SECTION 47-5-138, MISSISSIPPI CODE OF 1972, 1
TO REPEAL THE PROVISION OF LAW THAT PROHIBITS ANY ELIGIBLE INMATE, 2
WHOSE SENTENCE WAS IMPOSED AFTER JUNE 30, 1995, FROM ACCRUING 3
EARNED-TIME ALLOWANCE THAT EXCEEDS FIFTEEN PERCENT OF HIS OR HER 4
SENTENCE; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 47-5-138, Mississippi Code of 1972, is 7
amended as follows: 8
47-5-138. (1) The department may promulgate rules and 9
regulations to carry out an earned-time allowance program based on 10
the good conduct and performance of an inmate. An inmate is 11
eligible to receive an earned-time allowance of one-half (1/2) of 12
the period of confinement imposed by the court except those 13
inmates excluded by law. When an inmate is committed to the 14
custody of the department, the department shall determine a 15
conditional earned-time release date by subtracting the 16
earned-time allowance from an inmate's term of sentence. * * * 17
(2) An inmate may forfeit all or part of his earned-time 18
allowance for a serious violation of rules. No forfeiture of the 19
H. B. No. 110 *HR43/R150* ~ OFFICIAL ~
26/HR43/R150
PAGE 2 (OM\KP)

earned-time allowance shall be effective except upon approval of 20
the commissioner, or his designee, and forfeited earned time may 21
not be restored. 22
(3) (a) For the purposes of this subsection, "final order" 23
means an order of a state or federal court that dismisses a 24
lawsuit brought by an inmate while the inmate was in the custody 25
of the Department of Corrections as frivolous, malicious or for 26
failure to state a claim upon which relief could be granted. 27
(b) On receipt of a final order, the department shall 28
forfeit: 29
(i) Sixty (60) days of an inmate's accrued earned 30
time if the department has received one (1) final order as defined 31
herein; 32
(ii) One hundred twenty (120) days of an inmate's 33
accrued earned time if the department has received two (2) final 34
orders as defined herein; 35
(iii) One hundred eighty (180) days of an inmate's 36
accrued earned time if the department has received three (3) or 37
more final orders as defined herein. 38
(c) The department may not restore earned time 39
forfeited under this subsection. 40
(4) An inmate who meets the good conduct and performance 41
requirements of the earned-time allowance program may be released 42
on his conditional earned-time release date. 43
H. B. No. 110 *HR43/R150* ~ OFFICIAL ~
26/HR43/R150
PAGE 3 (OM\KP)
ST: Mandatory 85% sentencing rule; repeal.
(5) For any sentence imposed after June 30, 1995, an inmate 44
may receive an earned-time allowance of four and one-half (4-1/2) 45
days for each thirty (30) days served if the department determines 46
that the inmate has complied with the good conduct and performance 47
requirements of the earned-time allowance program. * * * 48
(6) Any inmate, who is released before the expiration of his 49
term of sentence under this section, shall be placed under 50
earned-release supervision until the expiration of the term of 51
sentence. The inmate shall retain inmate status and remain under 52
the jurisdiction of the department. The period of earned-release 53
supervision shall be conducted in the same manner as a period of 54
supervised parole. The department shall develop rules, terms and 55
conditions for the earned-release supervision program. The 56
commissioner shall designate the appropriate hearing officer 57
within the department to conduct revocation hearings for inmates 58
violating the conditions of earned-release supervision. 59
(7) If the earned-release supervision is revoked, the inmate 60
shall serve the remainder of the sentence, but the time the inmate 61
served on earned-release supervision before revocation * * * shall 62
be applied to reduce his sentence. 63
SECTION 2. This act shall take effect and be in force from 64
and after its passage. 65