"The Juvenile Offender Parole and Rehabilitation Act"; enact.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Johnson

HOUSE BILL NO. 116

AN ACT TO CREATE "THE JUVENILE OFFENDER PAROLE AND 1
REHABILITATION ACT"; TO AMEND SECTION 47-7-2, MISSISSIPPI CODE OF 2
1972, TO REVISE THE DEFINITION OF THE TERMS "ADULT", "JUVENILE", 3
"MINOR" AND "YOUTHFUL" UNDER THE PROBATION AND PAROLE LAW; TO 4
AMEND SECTION 47-7-3, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF 5
A PERSON WAS UNDER THE AGE OF EIGHTEEN AT THE TIME HE OR SHE 6
COMMITTED AN OFFENSE AND SUCH PERSON IS NOT OTHERWISE ELIGIBLE FOR 7
PAROLE AT AN EARLIER DATE, THEN THE PERSON SHALL BE ELIGIBLE FOR 8
PAROLE AFTER SERVING TWENTY YEARS OF HIS OR HER SENTENCE, AND TO 9
EXTEND THE DATE OF REPEAL ON THIS SECTION; TO AMEND SECTION 10
47-7-3.2, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING 11
SECTION; AND FOR RELATED PURPOSES. 12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 13
SECTION 1. This act shall be known and may be cited as "The 14
Juvenile Offender Parole and Rehabilitation Act." 15
SECTION 2. Section 47-7-2, Mississippi Code of 1972, is 16
amended as follows: 17
47-7-2. For purposes of this chapter, the following words 18
shall have the meaning ascribed herein unless the context shall 19
otherwise require: 20
(a) "Adult" means a person who is * * * eighteen (18) 21
years of age or older, or any person convicted of any crime not 22
subject to the provisions of the youth court law, or any person 23
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"certified" to be tried as an adult by any youth court in the 24
state. 25
(b) "Board" means the State Parole Board. 26
(c) "Parole case plan" means an individualized, written 27
accountability and behavior change strategy developed by the 28
department in collaboration with the parole board to prepare 29
offenders for release on parole at the parole eligibility date. 30
The case plan shall focus on the offender's criminal risk factors 31
that, if addressed, reduce the likelihood of reoffending. 32
(d) "Commissioner" means the Commissioner of 33
Corrections. 34
(e) "Correctional system" means the facilities, 35
institutions, programs and personnel of the department utilized 36
for adult offenders who are committed to the custody of the 37
department. 38
(f) "Criminal risk factors" means characteristics that 39
increase a person's likelihood of reoffending. These 40
characteristics include: antisocial behavior; antisocial 41
personality; criminal thinking; criminal associates; dysfunctional 42
family; low levels of employment or education; poor use of leisure 43
and recreation; and substance abuse. 44
(g) "Department" means the Mississippi Department of 45
Corrections. 46
(h) "Detention" means the temporary care of juveniles 47
and adults who require secure custody for their own or the 48
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community's protection in a physically restricting facility prior 49
to adjudication, or retention in a physically restricting facility 50
upon being taken into custody after an alleged parole or probation 51
violation. 52
(i) "Discharge plan" means an individualized written 53
document that provides information to support the offender in 54
meeting the basic needs identified in the pre-release assessment. 55
This information shall include, but is not limited to: contact 56
names, phone numbers, and addresses of referrals and resources. 57
(j) "Evidence-based practices" means supervision 58
policies, procedures, and practices that scientific research 59
demonstrates reduce recidivism. 60
(k) "Facility" or "institution" means any facility for 61
the custody, care, treatment and study of offenders which is under 62
the supervision and control of the department. 63
(l) "Juvenile," "minor" or "youthful" means a person 64
less than * * * eighteen (18) years of age. 65
(m) "Offender" means any person convicted of a crime or 66
offense under the laws and ordinances of the state and its 67
political subdivisions. 68
(n) "Pre-release assessment" means a determination of 69
an offender's ability to attend to basic needs, including, but not 70
limited to, transportation, clothing and food, financial 71
resources, personal identification documents, housing, employment, 72
education, and health care, following release. 73
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(o) "Special meetings" means those meetings called by 74
the chairman with at least twenty-four (24) hours' notice or a 75
unanimous waiver of notice. 76
(p) "Supervision plan" means a plan developed by the 77
community corrections department to manage offenders on probation 78
and parole in a way that reduces the likelihood they will commit a 79
new criminal offense or violate the terms of supervision and that 80
increases the likelihood of obtaining stable housing, employment 81
and skills necessary to sustain positive conduct. 82
(q) "Technical violation" means an act or omission by 83
the probationer that violates a condition or conditions of 84
probation placed on the probationer by the court or the probation 85
officer, but shall not include a plea or sentence in an 86
intervention court provided under Chapter 23, 25 or 27 of Title 9, 87
Mississippi Code of 1972. 88
(r) "Transitional reentry center" means a 89
state-operated or state-contracted facility used to house 90
offenders leaving the physical custody of the Department of 91
Corrections on parole, probation or post-release supervision who 92
are in need of temporary housing and services that reduce their 93
risk to reoffend. 94
(s) "Unit of local government" means a county, city, 95
town, village or other general purpose political subdivision of 96
the state. 97
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(t) "Risk and needs assessment" means the determination 98
of a person's risk to reoffend using an actuarial assessment tool 99
validated on Mississippi corrections populations and the needs 100
that, when addressed, reduce the risk to reoffend. 101
SECTION 3. Section 47-7-3, Mississippi Code of 1972, is 102
amended as follows: 103
47-7-3. (1) Every prisoner who has been convicted of any 104
offense against the State of Mississippi, and is confined in the 105
execution of a judgment of such conviction in the Mississippi 106
Department of Corrections for a definite term or terms of one (1) 107
year or over, or for the term of his or her natural life, whose 108
record of conduct shows that such prisoner has observed the rules 109
of the department, and who has served the minimum required time 110
for parole eligibility, may be released on parole as set forth 111
herein: 112
(a) Habitual offenders. Except as provided by Sections 113
99-19-81 through 99-19-87, no person sentenced as a confirmed and 114
habitual criminal shall be eligible for parole; 115
(b) Sex offenders. Any person who has been sentenced 116
for a sex offense as defined in Section 45-33-23(h) shall not be 117
released on parole except for a person under the age of nineteen 118
(19) who has been convicted under Section 97-3-67; 119
(c) Capital offenders. No person sentenced for the 120
following offenses shall be eligible for parole: 121
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(i) Capital murder committed on or after July 1, 122
1994, as defined in Section 97-3-19(2); 123
(ii) Any offense to which an offender is sentenced 124
to life imprisonment under the provisions of Section 99-19-101; or 125
(iii) Any offense to which an offender is 126
sentenced to life imprisonment without eligibility for parole 127
under the provisions of Section 99-19-101, whose crime was 128
committed on or after July 1, 1994; 129
(d) Murder. No person sentenced for murder in the 130
first degree, whose crime was committed on or after June 30, 1995, 131
or murder in the second degree, as defined in Section 97-3-19, 132
shall be eligible for parole; 133
(e) Human trafficking. No person sentenced for human 134
trafficking, as defined in Section 97-3-54.1, whose crime was 135
committed on or after July 1, 2014, shall be eligible for parole; 136
(f) Drug trafficking. No person sentenced for 137
trafficking and aggravated trafficking, as defined in Section 138
41-29-139(f) through (g), shall be eligible for parole; 139
(g) Offenses specifically prohibiting parole release. 140
No person shall be eligible for parole who is convicted of any 141
offense that specifically prohibits parole release; 142
(h) (i) Offenders eligible for parole consideration 143
for offenses committed after June 30, 1995. Except as provided in 144
paragraphs (a) through (g) of this subsection, offenders may be 145
considered eligible for parole release as follows: 146
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1. Nonviolent crimes. All persons sentenced 147
for a nonviolent offense shall be eligible for parole only after 148
they have served twenty-five percent (25%) or ten (10) years, 149
whichever is less, of the sentence or sentences imposed by the 150
trial court. For purposes of this paragraph, "nonviolent crime" 151
means a felony not designated as a crime of violence in Section 152
97-3-2. 153
2. Violent crimes. A person who is sentenced 154
for a violent offense as defined in Section 97-3-2, except robbery 155
with a deadly weapon as defined in Section 97-3-79, drive-by 156
shooting as defined in Section 97-3-109, and carjacking as defined 157
in Section 97-3-117, shall be eligible for parole only after 158
having served fifty percent (50%) or twenty (20) years, whichever 159
is less, of the sentence or sentences imposed by the trial court. 160
Those persons sentenced for robbery with a deadly weapon as 161
defined in Section 97-3-79, drive-by shooting as defined in 162
Section 97-3-109, and carjacking as defined in Section 97-3-117, 163
shall be eligible for parole only after having served sixty 164
percent (60%) or twenty-five (25) years, whichever is less, of the 165
sentence or sentences imposed by the trial court. 166
3. Nonviolent and nonhabitual drug offenses. 167
A person who has been sentenced to a drug offense pursuant to 168
Section 41-29-139(a) through (d), whose crime was committed after 169
June 30, 1995, shall be eligible for parole only after he has 170
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served twenty-five percent (25%) or ten (10) years, whichever is 171
less, of the sentence or sentences imposed. 172
(ii) Parole hearing required. All persons 173
eligible for parole under subparagraph (i) of this paragraph (h) 174
who are serving a sentence or sentences for a crime of violence, 175
as defined in Section 97-3-2, shall be required to have a parole 176
hearing before the Parole Board pursuant to Section 47-7-17, prior 177
to parole release. 178
(iii) Geriatric parole. Notwithstanding the 179
provisions in subparagraph (i) of this paragraph (h), a person 180
serving a sentence who has reached the age of sixty (60) or older 181
and who has served no less than ten (10) years of the sentence or 182
sentences imposed by the trial court shall be eligible for parole. 183
Any person eligible for parole under this subparagraph (iii) shall 184
be required to have a parole hearing before the board prior to 185
parole release. No inmate shall be eligible for parole under this 186
subparagraph (iii) of this paragraph (h) if: 187
1. The inmate is sentenced as a habitual 188
offender under Sections 99-19-81 through 99-19-87; 189
2. The inmate is sentenced for a crime of 190
violence under Section 97-3-2; 191
3. The inmate is sentenced for an offense 192
that specifically prohibits parole release; 193
4. The inmate is sentenced for trafficking in 194
controlled substances under Section 41-29-139(f); 195
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5. The inmate is sentenced for a sex crime; 196
or 197
6. The inmate has not served one-fourth (1/4) 198
of the sentence imposed by the court. 199
(iv) Parole consideration as authorized by the 200
trial court. Notwithstanding the provisions of paragraph (a) of 201
this subsection, any offender who has not committed a crime of 202
violence under Section 97-3-2 and has served twenty-five percent 203
(25%) or more of his sentence may be paroled by the State Parole 204
Board if, after the sentencing judge or if the sentencing judge is 205
retired, disabled or incapacitated, the senior circuit judge 206
authorizes the offender to be eligible for parole consideration; 207
or if the senior circuit judge must be recused, another circuit 208
judge of the same district or a senior status judge may hear and 209
decide the matter. A petition for parole eligibility 210
consideration pursuant to this subparagraph (iv) shall be filed in 211
the original criminal cause or causes, and the offender shall 212
serve an executed copy of the petition on the District Attorney. 213
The court may, in its discretion, require the District Attorney to 214
respond to the petition. 215
(i) Juvenile offenders. Notwithstanding any other 216
provision of law, a person who was under the age of eighteen (18) 217
years at the time of his or her offense(s), and who is not 218
otherwise eligible for parole at an earlier date, shall be 219
eligible for parole after serving twenty (20) years of the 220
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sentence or sentences imposed by the trial court. All persons 221
eligible for parole under this paragraph (i) shall be required to 222
have a parole hearing before the State Parole Board, pursuant to 223
Section 47-1-17, prior to release. 224
(2) The State Parole Board shall, by rules and regulations, 225
establish a method of determining a tentative parole hearing date 226
for each eligible offender taken into the custody of the 227
Department of Corrections. The tentative parole hearing date 228
shall be determined within ninety (90) days after the department 229
has assumed custody of the offender. Except as provided in 230
Section 47-7-18, the parole hearing date shall occur when the 231
offender is within thirty (30) days of the month of his parole 232
eligibility date. Any parole eligibility date shall not be 233
earlier than as required in this section. 234
(3) Notwithstanding any other provision of law, an inmate 235
shall not be eligible to receive earned time, good time or any 236
other administrative reduction of time which shall reduce the time 237
necessary to be served for parole eligibility as provided in 238
subsection (1) of this section. 239
(4) Any inmate within forty-eight (48) months of his parole 240
eligibility date and who meets the criteria established by the 241
classification board shall receive priority for placement in any 242
educational development and job-training programs that are part of 243
his or her parole case plan. Any inmate refusing to participate 244
in an educational development or job-training program, including, 245
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but not limited to, programs required as part of the case plan, 246
shall be in jeopardy of noncompliance with the case plan and may 247
be denied parole. 248
(5) In addition to other requirements, if an offender is 249
convicted of a drug or driving under the influence felony, the 250
offender must complete a drug and alcohol rehabilitation program 251
prior to parole, or the offender shall be required to complete a 252
postrelease drug and alcohol program as a condition of parole. 253
(6) Except as provided in subsection (1)(a) through (h) of 254
this section, all other persons shall be eligible for parole after 255
serving twenty-five percent (25%) of the sentence or sentences 256
imposed by the trial court, or, if sentenced to thirty (30) years 257
or more, after serving ten (10) years of the sentence or sentences 258
imposed by the trial court. 259
(7) The Corrections and Criminal Justice Oversight Task 260
Force established in Section 47-5-6 shall develop and submit 261
recommendations to the Governor and to the Legislature annually on 262
or before December 1st concerning issues relating to * * * 263
habitual offender parole reform and to review and monitor the 264
implementation of Chapter 479, Laws of 2021. 265
(8) The amendments contained in Chapter 479, Laws of 2021, 266
shall apply retroactively from and after July 1, 1995. 267
(9) Notwithstanding provisions to the contrary in this 268
section, a person who was sentenced before July 1, 2021, may be 269
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considered for parole if the person's sentence would have been 270
parole eligible before July 1, 2021. 271
(10) This section shall stand repealed on July 1, 2027. 272
SECTION 4. Section 47-7-3.2, Mississippi Code of 1972, is 273
amended as follows: 274
47-7-3.2. (1) Notwithstanding Section 47-5-138, 47-5-139, 275
47-5-138.1 or 47-5-142, and except as provided under Section 276
47-7-3(1)(i), no person convicted of a criminal offense on or 277
after July 1, 2014, shall be released by the department until he 278
or she has served no less than the percentage of the sentence or 279
sentences imposed by the court as set forth below: 280
(a) Twenty-five percent (25%) or ten (10) years, 281
whichever is less, for a nonviolent crime; 282
(b) Fifty percent (50%) or twenty (20) years, whichever 283
is less, for a crime of violence pursuant to Section 97-3-2, 284
except for robbery with a deadly weapon as defined in Section 285
97-3-79, drive-by shooting as defined in Section 97-3-109, or 286
carjacking as defined in Section 97-3-117; 287
(c) Sixty percent (60%) or twenty-five (25) years, 288
whichever is less, for robbery with a deadly weapon as defined in 289
Section 97-3-79, drive-by shooting as defined in Section 97-3-109, 290
or carjacking as defined in Section 97-3-117. 291
(2) This section shall not apply to: 292
(a) Offenders sentenced to life imprisonment; 293
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ST: "The Juvenile Offender Parole and
Rehabilitation Act"; enact.
(b) Offenders convicted as habitual offenders pursuant 294
to Sections 99-19-81 through 99-19-87; 295
(c) Offenders serving a sentence for a sex offense; or 296
(d) Offenders serving a sentence for trafficking 297
pursuant to Section 41-29-139(f). 298
SECTION 5. This act shall take effect and be in force from 299
and after July 1, 2026. 300