29 Miss. Code. R. 201-3.3

Current through October 31, 2024
Rule 29-201-3.3 - Release on Parole Date
A. Inmates convicted of sex offenses as defined by Miss. Code Ann. § 45-33-23(h), crimes of violence as defined by Miss. Code Ann. § 97-3-2, or both, in addition to inmates eligible for geriatric parole, shall not be released on parole without a hearing before the Board as required by Miss. Code Ann. § 47-7-17. All other inmates eligible for parole pursuant to Miss. Code Ann. § 47-7-3 shall be released from incarceration to parole supervision on the inmate's parole eligibility date, without a hearing before the Board, if:
1. The inmate has met the requirements of the parole case plan established pursuant to Miss. Code Ann. § 47-7-3.1;
2. A victim of the offense has not requested the Board conduct a hearing;
3. The inmate has not received a serious or major violation report within the past six (6) months;
4. The inmate has agreed to the conditions of supervision as set forth in Miss. Admin. Code Pt. 201, R. 3.5; and
5. The inmate has a discharge plan approved by the Board as set forth in Miss. Code Ann. § 47-7-33.1.7
B. At least thirty (30) days prior to an inmate's parole eligibility date, the Department shall notify the Board in writing of the inmate's compliance or noncompliance with the case plan. If an inmate fails to meet a requirement of the case plan, prior to the parole eligibility date, he or she shall have a hearing before the Board to determine if completion of the case plan can occur while in the community.
C. Any inmate for whom there is insufficient information for the Department to determine compliance with the case plan shall have a hearing with the Board.
D. A hearing shall be held with the Board if requested by the victim following notification of the inmate's parole release date pursuant to Miss. Code Ann. § 47-7-17.
E. A hearing shall be held by the Board if a law enforcement official from the community to which the inmate will return contacts the Board or the Department and requests a hearing to consider information relevant to public safety risks posed by the inmate if paroled at the initial parole eligibility date. The law enforcement official shall submit an explanation documenting these concerns for the Board to consider.

7 Inmates who have not met their parole case plan requirements, have requested a Board hearing, have received a serious or major violation report within the last six (6) months, have not agreed to the conditions of supervision, do not have a Board approved discharge plan, shall be required to have a parole hearing before the Board pursuant to Miss. Code Ann. § 47-7-17, prior to release.

29 Miss. Code. R. 201-3.3

Miss. Code Ann. § 47-7-18
Amended 8/18/2023