Criminal sentencing review; authorize and establish procedure for.

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To: Judiciary, Division B
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Blackmon

SENATE BILL NO. 2083

AN ACT TO AUTHORIZE A COURT IN A CRIMINAL MATTER TO SET A 1
DATE OF SENTENCING FOR THE REVIEW OF THE CRIMINAL SENTENCE; TO 2
AUTHORIZE A COURT IN WHICH CRIMINAL SENTENCING WAS ENTERED UPON 3
THE COURT'S OWN MOTION OR UPON A MOTION OF AN ELIGIBLE DEFENDANT 4
TO REDUCE OR MODIFY THE SENTENCE ON THE GROUND THAT SUCH SENTENCE 5
IS GREATER THAN NECESSARY TO ACHIEVE THE PURPOSES OF SENTENCING; 6
TO PROVIDE ELIGIBILITY REQUIREMENTS FOR A CRIMINAL DEFENDANT; TO 7
PROVIDE THAT A DEFENDANT WHO IS SERVING THE MINIMUM SENTENCE 8
PERMITTED UNDER THE CRIMINAL LAW SHALL NOT BE ELIGIBLE TO FILE A 9
MOTION UNDER THIS SECTION; TO PROVIDE THAT A MOTION UNDER THIS 10
SECTION SHALL BE REFERRED FOR DETERMINATION TO THE JUDGE WHO 11
IMPOSED THE ORIGINAL SENTENCE UPON THE DEFENDANT OR TO THE COURT 12
THAT IMPOSED THE SENTENCE IF THE JUDGE IS NO LONGER A JUDGE OF A 13
COMPETENT JURISDICTION; TO PROVIDE A PROCEDURE FOR THE JUDGE 14
REVIEWING THE MOTION; TO AUTHORIZE A RENEWED MOTION AFTER A 15
CERTAIN AMOUNT OF TIME UPON DENIAL OF THE MOTION; TO PROVIDE A 16
RIGHT OF APPEAL; TO PROHIBIT A DEFENDANT FROM AGREEING TO WAIVE 17
HIS OR HER RIGHT TO RELIEF UNDER THIS SECTION AS A COMPONENT OF A 18
PLEA AGREEMENT; TO AMEND SECTION 99-39-7, MISSISSIPPI CODE OF 19
1972, TO CONFORM; AND FOR RELATED PURPOSES. 20
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 21
SECTION 1. At sentencing in a criminal matter, a court may 22
set a date for the review of the criminal sentence pursuant to 23
Section 2 of this act. 24
SECTION 2. (1) Upon the court's own motion or upon a motion 25
of an eligible defendant, the court in which judgment was entered 26
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may reduce or modify the sentence on the ground that such sentence 27
is greater than necessary to achieve the purposes of sentencing. 28
(2) A defendant is eligible for relief under this section 29
when he or she: 30
(a) Has been convicted, either by plea or verdict, of a 31
felony offense and is in the custody of the Department of 32
Corrections; 33
(b) Is more than two (2) years away from conditional 34
release at time of filing the motion; 35
(c) Was sentenced to an indeterminate term with an 36
aggregate minimum term of ten (10) years or more or an aggregate 37
determinate term of ten (10) years or more; 38
(d) Has served: 39
(i) At least one-third (1/3) of the aggregate 40
minimum term of an indeterminate sentence or at least one-third 41
(1/3) of an aggregate determinate sentence; 42
(ii) Where the defendant is serving two (2) or 43
more sentences that run consecutively, the time required to be 44
served for eligibility under paragraph (a) of this subsection (2) 45
or eight (8) years, whichever is less; or 46
(iii) The motion is filed on or after the date of 47
review set by the sentencing judge; 48
(e) Is not currently serving a sentence for a crime of 49
violence as provided in Section 97-3-2; 50
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(f) Is not currently serving a sentence for an offense 51
that included as an element the infliction of serious physical 52
injury; and 53
(g) If the defendant has appealed from a judgment or 54
sentence that is the subject of relief pursuant to this section, 55
such appeal has been finally determined, and the defendant does 56
not have a motion for post-conviction collateral relief, under 57
Title 99, Chapter 39, Article 1, Mississippi Code of 1972, pending 58
before a court of proper jurisdiction. Nothing in this paragraph 59
(g) shall be construed to require that the defendant has taken a 60
direct appeal or made a motion for post-conviction collateral 61
relief under Title 99, Chapter 39, Article 1, Mississippi Code of 62
1972 in order to be eligible for relief pursuant to this section. 63
(3) A defendant who is serving the minimum sentence 64
permitted under the penal law shall not be eligible under this 65
section. 66
(4) A motion brought pursuant to this section shall be 67
referred for determination to the judge who imposed the original 68
sentence upon such defendant. If, at the time of the application, 69
the original sentencing judge is no longer a judge of a court of 70
competent jurisdiction, then the application shall be assigned to 71
another judge of the court which imposed the original sentence 72
upon such defendant. 73
(5) In deciding the motion, the court shall consider the 74
principles of rehabilitation, punishment and deterrence, the 75
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rehabilitation demonstrated by the defendant, and the promotion of 76
the defendant's successful reentry and reintegration into society, 77
as well as public safety. The court may consider any facts or 78
circumstances relevant to the imposition of a new sentence that 79
are submitted by such defendant or the district attorney, 80
including, but not limited to: 81
(a) Age, personal circumstances, and medical condition, 82
including conditions that existed at the time of the original 83
sentencing; 84
(b) The defendant's institutional record of 85
confinement; and 86
(c) Whether the defendant has availed himself or 87
herself of educational, therapeutic and vocational opportunities 88
while imprisoned. 89
(6) The court shall not order a new pre-sentence 90
investigation and report. The court shall offer the defendant an 91
opportunity for a hearing. If the court finds that the sentence 92
is greater than necessary to achieve the purposes of sentencing, 93
the court shall grant the motion and enter an order modifying the 94
sentence to any lesser authorized term of imprisonment. The order 95
may also direct that the new sentence run concurrently with any 96
other term of imprisonment being served by the defendant. The 97
court shall place its reasons on the record for modification of 98
the sentence, or denial of modification. 99
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(7) In the event that a defendant is denied relief under 100
this section, or in the event that the defendant is denied the 101
full reduction sought, he or she may bring a new motion at any 102
time after three (3) years from the date of denial of the previous 103
motion. 104
(8) An appeal may be taken as of right from an order denying 105
a motion made pursuant to this section. 106
(9) No defendant shall be required or permitted to waive 107
eligibility for relief pursuant to this section as part of a plea 108
of guilty sentence or any agreement related to a conviction for a 109
felony offense, and any such waiver shall be deemed void and 110
wholly unenforceable. 111
(10) An order modifying the sentence pursuant to this 112
section shall not affect the validity or status of the underlying 113
conviction. 114
(11) Except where the procedure of Title 99, Chapter 39, 115
Article 1, Mississippi Code of 1972 conflicts with the procedure 116
authorized under this section, motions for relief under this 117
section shall take the same form as motions under Title 99, 118
Chapter 39, Article 1, Mississippi Code of 1972. 119
(12) The relief provided for by this section is in addition 120
to any relief the defendant is entitled to under Title 99, Chapter 121
39, Article 1, Mississippi Code of 1972. 122
SECTION 3. Section 99-39-7, Mississippi Code of 1972, is 123
amended as follows: 124
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ST: Criminal sentencing review; authorize and
establish procedure for.
99-39-7. (1) The motion under this article shall be filed 125
as an original civil action in the trial court, except in cases in 126
which the petitioner's conviction and sentence have been appealed 127
to the Supreme Court of Mississippi and there affirmed or the 128
appeal dismissed. Where the conviction and sentence have been 129
affirmed on appeal or the appeal has been dismissed, the motion 130
under this article shall not be filed in the trial court until the 131
motion shall have first been presented to a quorum of the Justices 132
of the Supreme Court of Mississippi, convened for said purpose 133
either in termtime or in vacation, and an order granted allowing 134
the filing of such motion in the trial court. The procedure 135
governing applications to the Supreme Court for leave to file a 136
motion under this article shall be as provided in Section 137
99-39-27. 138
(2) No motion shall be filed under this article where the 139
petitioner has a pending motion before a court of proper 140
jurisdiction pursuant to Section 1 of this act. 141
SECTION 4. This act shall take effect and be in force from 142
and after its passage and shall apply to offenses committed 143
before, on or after the date of passage. 144