View Full Version : New Mandatory Law (anyone heard of one?)


donaree
10-02-2004, 05:53 PM
:rolleyes: :new: Can someone who is out there please tell me if there is a new law in MS concerning mandatory sentences??? Such as a early release law? I would appreciate the info if you have any.
Thanx:help:
donaree

jessnkat
10-02-2004, 07:40 PM
Donaree I've heard there is a new law, but honestly I don't know anything at all about it. My guy is in Texas so I keep up more with stuff out there than here at home. You might want to check out the Mississippi Forum and post there - Amy might know more about this and she will see it there. But I did want to welcome you to PTO anyway.

sweetpea
10-10-2004, 07:28 PM
Hello and Welcome to PTO!! :wave: I am not sure about this either but i will move this to the Mississippi forum, I am sure some of the members there will be able to help you out! Good Luck!

Amy
10-10-2004, 09:31 PM
Hi donaree. I wish I knew for sure but the only law I have heard of that would effect anyone's outdate is supposed to be for non-violent offenders only who have gained trustee status.

PTO-29412
10-11-2004, 12:36 AM
HI!!!, I think you are thinking about the mandatory time that must be served on sentences. To my knowledge their is no new law. For ERS, they can earn that time due to trusty status or work status. But they must serve a certain amount of time prior to ERS or Parole. The time varies depending on the charge and sentencing requirments.

I-Care
10-11-2004, 06:15 AM
I have also been asked to research about "Mandatory Sentencing". I questioned this some more yesterday at visit because in "SEARCH" I found over 41,000 items. The "inmates" are BUZZING about this one. I think the one my love one is referring too is where the jury can set the time served and not the Judge. What I have seen on this so far has not looked like it is working well in their favor. Anyway I have asked for the bill number and then what ever they are asking about we can research a lot better. The only Early Release law I have seen is the 30 for 30 now for NON VIOLENT OFFENDERS..One day off for each day worked.

"I-CARE"

camzmam
10-12-2004, 11:51 PM
i just received an e-mail from Dist. Atty Mapp. and Commissioner Epps and the 30 for 30 is not just for non violent offenders. Violent offenders can be eligible if they meet certain requirements.

Also, my fiance' also asked me to research the mandatory time thing. he says that the mandatory sentencing is being changed to 85% time. He says that this will actually benefit him but i don't see how. My next step is e-mailing Bennett Malone of the House Corrections Committee to see what's up with any new legislation. If i get a response, i will advise all.

I-Care
10-13-2004, 06:11 AM
I sure would like to know that BILL NUMBER for the 30/30 that may include SOME violent offenders if they meet certain criteria. WHAT CRITERIA??

ALSO PLEASE anything you find out pass on about the mandatory sentencing. I have looked at the Bills and I do not see any that I think the inmates would be "buzzing" about. Someone is suppose to be looking up and sending me the bill number to research. If I get that I will pass it on to you all.

We were told my love one still fits under the old 50% law which means she will be eligible for parole after serving 50% of her crime she was wrongfully convicted of because this WAS TO HAVE OCCURRED in 1983 or 1984 and the old law was in effect at that time. ONLY thing is almost none of the cases are winning their parole's...I think they are eligible for parole after serving the 85%.

Also have any of you heard this?? A friend was wrongfully convicted in MS. of murder and NOTHING was stated about being eligible or not for parole. Now we are being told that you automatically are not eligle for parole unless the judge SO STIPULATES!!! I looked at the MDOC site and this person DOES have a release date so that makes me believe he does have a chance at parole on that date but not real sure how that works. He is being told his sentence is without parole because it was not stipulated by the judge in the sentencing.

I-Care
10-14-2004, 04:59 AM
This is all I see and has not changed as to what Camzmam quoted "30 for 30 is not just for non violent offenders. Violent offenders can be eligible if they meet certain requirements." Unless you all see anything different that I see on it..IF SO PLEASE LET ME KNOW!!! THANKS..
"I-CARE"


Senate Amendments to House Bill No. 686



TO THE CLERK OF THE HOUSE:



THIS IS TO INFORM YOU THAT THE SENATE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:





AMENDMENT NO. 1



Amend by striking all after the enacting clause and inserting in lieu thereof the following:





</SPAN>
SECTION 1. Section 47-5-138.1, Mississippi Code of 1972, is amended as follows:

47-5-138.1. (1) In addition to any other administrative reduction of sentence, an offender in trusty status as defined by the classification board of the Department of Corrections may be awarded a trusty time allowance of thirty (30) days' reduction of sentence for each thirty (30) days of participation during any calendar month in an approved program while in trusty status, including satisfactory participation in education or instructional programs, satisfactory participation in work projects and satisfactory participation in any special incentive program.

(2) An offender in trusty status shall not be eligible for a reduction of sentence under this section if:

(a) The offender was sentenced to life imprisonment;

(b) The offender was convicted as an habitual offender under Sections 99-19-81 through 99-19-87;

(c) The offender was convicted of a sex crime;

(d) The offender has not served the mandatory time required for parole eligibility, as prescribed under Section 47-7-3, for a conviction of robbery or attempted robbery through the display of a deadly weapon, carjacking through the display of a deadly weapon or a drive-by shooting;

(e) The offender was convicted of violating Section 41-29-139(a) and sentenced under Section 41-29-139(b) or 41-29-139(f); or

(f) The offender was convicted of trafficking in controlled substances under Section 41-29-139.

SECTION 2. This act shall take effect and be in force from and after its passage.



</SPAN>
Further, amend by striking the title in its entirety and inserting in lieu thereof the following:





</SPAN>
AN ACT TO AMEND SECTION 47-5-138.1, MISSISSIPPI CODE OF 1972, TO INCREASE THE REDUCTION OF SENTENCE THAT MAY BE AWARDED AS A TRUSTY TIME ALLOWANCE FOR A TRUSTY WHO PARTICIPATES DURING ANY CALENDAR MONTH IN AN APPROVED PROGRAM; TO PROVIDE THAT CERTAIN OFFENDERS WHO ARE IN TRUSTY STATUS SHALL NOT BE ELIGIBLE TO RECEIVE A TRUSTY TIME ALLOWANCE FOR A REDUCTION OF SENTENCE; AND FOR RELATED PURPOSES.



</SPAN>


SS01\HB686A.J



John O. Gilbert

Secretary of the Senate

camzmam
10-14-2004, 11:55 PM
I think that the original intent of the law when it passed was to apply it to non-violent offenders. however, i think that now the state is attempting to use it for any offender who is eligible based on the criteria in order to reduce the prison population. Below is part of the e-mail response i received from district attorney Mapp when i asked the commissioner about the eligibility of violent offenders. she said:

1) This amendment excludes an offender from entering trusty status and receiving 30/30 time if the offender:
•Has a life sentence

•Was convicted of a sex crime

•Has not completed the mandatory portion of a sentence

•Was sentenced as a habitual offender pursuant to § 99-19-81 or § 99-19-83

Was convicted of a drug offense under § 41-29-139(a) and sentenced under § 41-29-139(b) (f) or (g). This includes sell, deliver, barter, transfer, manufacture, distribute, dispense, possession with intent, delivery, and trafficking of a controlled or counterfeit substance. (This does not include possession, paraphernalia, or precursor offenses.)

All other offenders, including violent offenders, are eligible to be considered for placement into trusty status. Some offenders may not be placed in trusty status due to their institutional records (e.g. rules violations).

2) MDOC is making a stringent attempt to find or create jobs for all eligible offenders so that no offender is denied trusty time because of the lack of jobs.

I put the words in bold for emphasis but those are her exact words. so, i am at least a little bit hopeful that it may help everyone despite its original intent. i really hope this clears things up.

I-Care
10-15-2004, 07:28 AM
Maybe I am not thinking clearly so please help me. What would help me to understand more is that I do not know of any crimes that would fit into what DA Mapp is talking when these are excluded :
•Has a life sentence

•Was convicted of a sex crime

•Has not completed the mandatory portion of a sentence

•Was sentenced as a habitual offender pursuant to § 99-19-81 or § 99-19-83

..All other offenders, including violent offenders....

Amy
10-15-2004, 05:56 PM
•Has a life sentence

•Was convicted of a sex crime

•Has not completed the mandatory portion of a sentence

•Was sentenced as a habitual offender pursuant to § 99-19-81 or § 99-19-83
From my understanding, anyone who fits it to those descriptions will not be able to recieve the 30 days off, no matter what there status is.

I-Care
10-15-2004, 06:12 PM
So I do not see where MDOC has done ANYTHING to help as it seems Mr. Epps and Attorney Mapp unless you all see something different than I do. This is contridictory. One part says one thing and another. Only crime I can think of is ROBBERIES that may benefit from this. That is a violent offender not mentioned correct?? REALY would like a clarification on this part..
All other offenders, including violent offenders, are eligible to be considered for placement into trusty status.

Was convicted of a drug offense under § 41-29-139(a) and sentenced under § 41-29-139(b) (f) or (g). This includes sell, deliver, barter, transfer, manufacture, distribute, dispense, possession with intent, delivery, and trafficking of a controlled or counterfeit substance. (This does not include possession, paraphernalia, or precursor offenses.)

All other offenders, including violent offenders, are eligible to be considered for placement into trusty status. Some offenders may not be placed in trusty status due to their institutional records

THANKS

"I-CARE"

Amy
10-15-2004, 06:40 PM
I think I am explaining wrong. Any violent offender can get the 30 days so long as (1) they are not a sex offender, (2) they are not sentenced to life, (3) they are not sentenced under the habitual offender law (which also carries a life sentence as far as I know). Does that make better sense?

Amy
10-15-2004, 06:41 PM
OH and no one who has not served the manditory part of their sentence can benefit from the law either.

I-Care
10-15-2004, 06:55 PM
I think I understand just wondering WHO can benefit from this???
Not anyone that I know of. MAYBE SOME MOMMA'S CHILD will benefit from this. I PRAY SO!!!
I just do not see this being such a GREAT thing like the inmates are thinking it is. If someone is seeing a benefit from this I would love to hear from you to KNOW for a fact it has helped SOMEONE!!!! I can not think of a violent offender that will be helped by this except maybe "Robbery". I am sure some of you will help me to understand that this is in fact going to help a "violent offender" as Epps and Att. Mapp made it sound like to me. OK..Off this soap box..Thank you all for being so kind as I try to understand enough to send info to inmates who are thinking this is a HUGE deal and we just don't have all the facts... ALL I know fit into the crimes mentioned that can not be included.

THANKS

"I-CARE"

Mrs.Glamma
11-02-2004, 06:24 PM
Hi Camzmam, My Hon was all excited this weekend when he called, telling me about the change in the 85% law. I was looking through this thread for info and saw that you mentioned it. Any info? I'm worried his hope will get too high. It would mean 9 months off the 5 years which does not sound like much but to us is HUGE. He also thinks he might be eligible for parole even earlier. My fear is that his offense will preclude eligibility.
Thanks to anyone who has any info, getting really really busy at work, not much research time.
D'Ann

i just received an e-mail from Dist. Atty Mapp. and Commissioner Epps and the 30 for 30 is not just for non violent offenders. Violent offenders can be eligible if they meet certain requirements.

Also, my fiance' also asked me to research the mandatory time thing. he says that the mandatory sentencing is being changed to 85% time. He says that this will actually benefit him but i don't see how. My next step is e-mailing Bennett Malone of the House Corrections Committee to see what's up with any new legislation. If i get a response, i will advise all.

I-Care
11-02-2004, 07:11 PM
Please PM me with Bennett Malone's email address. I can not find it online and I sent him a letter in August and have not herad from him. ALSO would LOVE what ever you have on the 30/30 law helping any violent offenders.

THANKS
"I-CARE"

PTO-29412
11-03-2004, 06:09 PM
Any MDOC inmate is eligible for Parole NO MATTER the sentence. UNLESS, the are sentenced to life without Parole. They DO NOT have to serve 85% of the time to get parole, 85% has to be served to get out without parole or good time, IF and only IF the inmate conducts themselves during incarceration as a inmate with a Excellent record will they get out before 85%. BUT MDOC CAN make a inmate serve 100% of there time. I had 5 years to serve and served 1 and got out on Parole. I know of Violent Crime offenders who had 12 + years and served 3 and got out on Parole.

ANYTHING CAN HAPPEN

I-Care
11-11-2004, 01:57 PM
I am looking for thhe 85% law number...AMYONE have it??
THANKS

"I-Care"

Bluesky
11-13-2004, 09:22 PM
Hi all,
then it also states you have to be a trusty. My Son is locked down 23 to 24 hours a day and still has a hard time with the guards. He wants me to hire a lawyer for a sentence modification. Is that possible? He recently received an additional 5 months for threatening the guards, (he is handcuffed and shackled).
I'd love to have him home!
I'm going to keep on researching.
I know in my heart God is with us all!