Habitual offenders; revise regulations for.

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To: Judiciary B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Clark

HOUSE BILL NO. 273

AN ACT TO AMEND SECTIONS 99-19-81 AND 99-19-83, MISSISSIPPI 1
CODE OF 1972, TO REVISE STATUTES GOVERNING PENALTIES FOR HABITUAL 2
OFFENDERS; TO FURTHER AMEND SECTION 99-19-83, MISSISSIPPI CODE OF 3
1972, TO EXTEND THE DATE OF REPEAL; TO AMEND SECTIONS 47-7-3, 4
47-5-139 AND 47-5-138.1, MISSISSIPPI CODE OF 1972, TO REVISE THE 5
REGULATIONS FOR INMATES WHO WERE CLASSIFIED AS HABITUAL OFFENDERS; 6
AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 99-19-81, Mississippi Code of 1972, is 9
amended as follows: 10
99-19-81. Every person convicted in this state of a * * * 11
crime of violence as defined by Section 97-3-2 who shall have been 12
convicted twice previously of any such felony or federal crime 13
upon charges separately brought and arising out of separate 14
incidents at different times and who shall have been sentenced to 15
separate terms of one (1) year or more in any state and/or federal 16
penal institution, whether in this state or elsewhere, and where 17
any one (1) of such felonies is defined as a crime of violence by 18
Section 97-3-2 shall be sentenced to the maximum term of 19
imprisonment prescribed for such felony unless the court provides 20
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an explanation in its sentencing order setting forth the cause for 21
deviating from the maximum sentence, and such sentence shall not 22
be * * * suspended nor shall such person be eligible for * * * 23
probation. 24
SECTION 2. Section 99-19-83, Mississippi Code of 1972, is 25
amended as follows: 26
99-19-83. Every person convicted in this state of a * * * a 27
crime of violence as defined by Section 97-3-2, who shall have 28
been convicted twice previously of * * * such felony or federal 29
crime upon charges separately brought and arising out of separate 30
incidents at different times and who shall have been sentenced to 31
and served separate terms of one (1) year or more, whether served 32
concurrently or not, in any state and/or federal penal 33
institution, whether in this state or elsewhere, and where * * * 34
such felonies shall have been * * * crimes of violence, as defined 35
by Section 97-3-2, shall be sentenced to life imprisonment, and 36
such sentence shall not be * * * suspended nor shall such person 37
be eligible for * * * probation * * *. Notwithstanding any other 38
provision of law to the contrary, a person's eligibility for 39
parole and any other form of early release from actual physical 40
custody within the Department of Corrections shall be consistent 41
with the eligibility set forth for the offense or offenses for 42
which the person was sentenced pursuant to this statute. For the 43
purposes of early release, life sentences handed down pursuant to 44
this statute shall be calculated at fifty (50) years. 45
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SECTION 3. Section 47-7-3, Mississippi Code of 1972, is 46
amended as follows: 47
47-7-3. (1) Every prisoner who has been convicted of any 48
offense against the State of Mississippi, and is confined in the 49
execution of a judgment of such conviction in the Mississippi 50
Department of Corrections for a definite term or terms of one (1) 51
year or over, or for the term of his or her natural life, whose 52
record of conduct shows that such prisoner has observed the rules 53
of the department, and who has served the minimum required time 54
for parole eligibility, may be released on parole as set forth 55
herein: 56
(a) Habitual offenders. Except as provided by Sections 57
99-19-81 through 99-19-87, no person sentenced as a confirmed and 58
habitual criminal for a crime of violence as defined by Section 59
97-3-2 shall be eligible for parole; 60
(b) Sex offenders. Any person who has been sentenced 61
for a sex offense as defined in Section 45-33-23(h) shall not be 62
released on parole except for a person under the age of nineteen 63
(19) who has been convicted under Section 97-3-67; 64
(c) Capital offenders. No person sentenced for the 65
following offenses shall be eligible for parole: 66
(i) Capital murder committed on or after July 1, 67
1994, as defined in Section 97-3-19(2); 68
(ii) Any offense to which an offender is sentenced 69
to life imprisonment under the provisions of Section 99-19-101; or 70
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(iii) Any offense to which an offender is 71
sentenced to life imprisonment without eligibility for parole 72
under the provisions of Section 99-19-101, whose crime was 73
committed on or after July 1, 1994; 74
(d) Murder. No person sentenced for murder in the 75
first degree, whose crime was committed on or after June 30, 1995, 76
or murder in the second degree, as defined in Section 97-3-19, 77
shall be eligible for parole; 78
(e) Human trafficking. No person sentenced for human 79
trafficking, as defined in Section 97-3-54.1, whose crime was 80
committed on or after July 1, 2014, shall be eligible for parole; 81
(f) Drug trafficking. No person sentenced for 82
trafficking and aggravated trafficking, as defined in Section 83
41-29-139(f) through (g), shall be eligible for parole; 84
(g) Offenses specifically prohibiting parole release. 85
No person shall be eligible for parole who is convicted of any 86
offense that specifically prohibits parole release; 87
(h) (i) Offenders eligible for parole consideration 88
for offenses committed after June 30, 1995. Except as provided in 89
paragraphs (a) through (g) of this subsection, offenders may be 90
considered eligible for parole release as follows: 91
1. Nonviolent crimes. All persons sentenced 92
for a nonviolent offense shall be eligible for parole only after 93
they have served twenty-five percent (25%) or ten (10) years, 94
whichever is less, of the sentence or sentences imposed by the 95
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trial court. For purposes of this paragraph, "nonviolent crime" 96
means a felony not designated as a crime of violence in Section 97
97-3-2. 98
2. Violent crimes. A person who is sentenced 99
for a violent offense as defined in Section 97-3-2, except robbery 100
with a deadly weapon as defined in Section 97-3-79, drive-by 101
shooting as defined in Section 97-3-109, and carjacking as defined 102
in Section 97-3-117, shall be eligible for parole only after 103
having served fifty percent (50%) or twenty (20) years, whichever 104
is less, of the sentence or sentences imposed by the trial court. 105
Those persons sentenced for robbery with a deadly weapon as 106
defined in Section 97-3-79, drive-by shooting as defined in 107
Section 97-3-109, and carjacking as defined in Section 97-3-117, 108
shall be eligible for parole only after having served sixty 109
percent (60%) or twenty-five (25) years, whichever is less, of the 110
sentence or sentences imposed by the trial court. 111
3. Nonviolent and nonhabitual drug offenses. 112
A person who has been sentenced to a drug offense pursuant to 113
Section 41-29-139(a) through (d), whose crime was committed after 114
June 30, 1995, shall be eligible for parole only after he has 115
served twenty-five percent (25%) or ten (10) years, whichever is 116
less, of the sentence or sentences imposed. 117
(ii) Parole hearing required. All persons 118
eligible for parole under subparagraph (i) of this paragraph (h) 119
who are serving a sentence or sentences for a crime of violence, 120
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as defined in Section 97-3-2, shall be required to have a parole 121
hearing before the Parole Board pursuant to Section 47-7-17, prior 122
to parole release. 123
(iii) Geriatric parole. Notwithstanding the 124
provisions in subparagraph (i) of this paragraph (h), a person 125
serving a sentence who has reached the age of sixty (60) or older 126
and who has served no less than ten (10) years of the sentence or 127
sentences imposed by the trial court shall be eligible for parole. 128
Any person eligible for parole under this subparagraph (iii) shall 129
be required to have a parole hearing before the board prior to 130
parole release. No inmate shall be eligible for parole under this 131
subparagraph (iii) of this paragraph (h) if: 132
1. The inmate is sentenced as a habitual 133
offender under Sections 99-19-81 through 99-19-87; 134
2. The inmate is sentenced for a crime of 135
violence under Section 97-3-2; 136
3. The inmate is sentenced for an offense 137
that specifically prohibits parole release; 138
4. The inmate is sentenced for trafficking in 139
controlled substances under Section 41-29-139(f); 140
5. The inmate is sentenced for a sex crime; 141
or 142
6. The inmate has not served one-fourth (1/4) 143
of the sentence imposed by the court. 144
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(iv) Parole consideration as authorized by the 145
trial court. Notwithstanding the provisions of paragraph (a) of 146
this subsection, any offender who has not committed a crime of 147
violence under Section 97-3-2 and has served twenty-five percent 148
(25%) or more of his sentence may be paroled by the State Parole 149
Board if, after the sentencing judge or if the sentencing judge is 150
retired, disabled or incapacitated, the senior circuit judge 151
authorizes the offender to be eligible for parole consideration; 152
or if the senior circuit judge must be recused, another circuit 153
judge of the same district or a senior status judge may hear and 154
decide the matter. A petition for parole eligibility 155
consideration pursuant to this subparagraph (iv) shall be filed in 156
the original criminal cause or causes, and the offender shall 157
serve an executed copy of the petition on the District Attorney. 158
The court may, in its discretion, require the District Attorney to 159
respond to the petition. 160
(2) The State Parole Board shall, by rules and regulations, 161
establish a method of determining a tentative parole hearing date 162
for each eligible offender taken into the custody of the 163
Department of Corrections. The tentative parole hearing date 164
shall be determined within ninety (90) days after the department 165
has assumed custody of the offender. Except as provided in 166
Section 47-7-18, the parole hearing date shall occur when the 167
offender is within thirty (30) days of the month of his parole 168
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eligibility date. Any parole eligibility date shall not be 169
earlier than as required in this section. 170
(3) Notwithstanding any other provision of law, an inmate 171
shall not be eligible to receive earned time, good time or any 172
other administrative reduction of time which shall reduce the time 173
necessary to be served for parole eligibility as provided in 174
subsection (1) of this section. 175
(4) Any inmate within forty-eight (48) months of his parole 176
eligibility date and who meets the criteria established by the 177
classification board shall receive priority for placement in any 178
educational development and job-training programs that are part of 179
his or her parole case plan. Any inmate refusing to participate 180
in an educational development or job-training program, including, 181
but not limited to, programs required as part of the case plan, 182
shall be in jeopardy of noncompliance with the case plan and may 183
be denied parole. 184
(5) In addition to other requirements, if an offender is 185
convicted of a drug or driving under the influence felony, the 186
offender must complete a drug and alcohol rehabilitation program 187
prior to parole, or the offender shall be required to complete a 188
postrelease drug and alcohol program as a condition of parole. 189
(6) Except as provided in subsection (1)(a) through (h) of 190
this section, all other persons shall be eligible for parole after 191
serving twenty-five percent (25%) of the sentence or sentences 192
imposed by the trial court, or, if sentenced to thirty (30) years 193
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or more, after serving ten (10) years of the sentence or sentences 194
imposed by the trial court. 195
(7) The Corrections and Criminal Justice Oversight Task 196
Force established in Section 47-5-6 shall develop and submit 197
recommendations to the Governor and to the Legislature annually on 198
or before December 1st concerning issues relating to juvenile and 199
habitual offender parole reform and to review and monitor the 200
implementation of Chapter 479, Laws of 2021. 201
(8) The amendments contained in Chapter 479, Laws of 2021, 202
shall apply retroactively from and after July 1, 1995. 203
(9) Notwithstanding provisions to the contrary in this 204
section, a person who was sentenced before July 1, 2021, may be 205
considered for parole if the person's sentence would have been 206
parole eligible before July 1, 2021. 207
(10) This section shall stand repealed on July 1, * * * 208
2029. 209
SECTION 4. Section 47-5-139, Mississippi Code of 1972, is 210
amended as follows: 211
47-5-139. (1) An inmate shall not be eligible for the 212
earned time allowance if: 213
(a) The inmate was sentenced to life imprisonment; but 214
an inmate, except an inmate sentenced to life imprisonment for 215
capital murder, who has reached the age of sixty-five (65) or 216
older and who has served at least fifteen (15) years may petition 217
the sentencing court for conditional release; 218
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(b) The inmate * * * is serving a sentence for a crime 219
of violence as defined by Section 97-3-2, and was convicted as a 220
habitual offender under Sections 99-19-81 through 99-19-87; 221
(c) The inmate has forfeited his earned time allowance 222
by order of the commissioner; 223
(d) The inmate was convicted of a sex crime; or 224
(e) The inmate has not served the mandatory time 225
required for parole eligibility for a conviction of robbery or 226
attempted robbery with a deadly weapon. 227
(2) An offender under two (2) or more consecutive sentences 228
shall be allowed commutation based upon the total term of the 229
sentences. 230
(3) All earned time shall be forfeited by the inmate in the 231
event of escape and/or aiding and abetting an escape. The 232
commissioner may restore all or part of the earned time if the 233
escapee returns to the institution voluntarily, without expense to 234
the state, and without act of violence while a fugitive from the 235
facility. 236
(4) Any officer or employee who shall willfully violate the 237
provisions of this section and be convicted therefor shall be 238
removed from office or employment. 239
SECTION 5. Section 47-5-138.1, Mississippi Code of 1972, is 240
amended as follows: 241
47-5-138.1. (1) In addition to any other administrative 242
reduction of sentence, an offender in trusty status as defined by 243
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ST: Habitual offenders; revise regulations for.
the classification board of the Department of Corrections may be 244
awarded a trusty-time allowance of thirty (30) days' reduction of 245
sentence for each thirty (30) days of participation during any 246
calendar month in an approved program while in trusty status, 247
including satisfactory participation in education or instructional 248
programs, satisfactory participation in work projects and 249
satisfactory participation in any special incentive program. 250
(2) An offender in trusty status shall not be eligible for a 251
reduction of sentence under this section if: 252
(a) The offender was sentenced to life imprisonment; 253
(b) The offender * * * is serving a sentence for a 254
crime of violence as defined by Section 97-3-2, and was convicted 255
as an habitual offender under Sections 99-19-81 through 99-19-87; 256
(c) The offender was convicted of a sex crime; 257
(d) The offender has not served the mandatory time 258
required for parole eligibility, as prescribed under Section 259
47-7-3, for a conviction of robbery or attempted robbery through 260
the display of a deadly weapon, carjacking through the display of 261
a deadly weapon or a drive-by shooting; or 262
(e) The offender was convicted of trafficking in 263
controlled substances under Section 41-29-139. 264
SECTION 6. This act shall take effect and be in force from 265
and after July 1, 2026. 266