29 Miss. Code R. § 201-3.4

Current through April 22, 2024

Rule 29-201-3.4 - Parole Release Hearings

A. All persons eligible for parole as allowed by Miss. Code Ann. § 47-7-3(h)(i) who are serving a sentence or sentences for a crime of violence, as defined in Miss. Code Ann. § 97-3-2, shall be required to have a parole hearing pursuant to Miss. Code Ann. § 47-7-17, prior to parole release.

B. Except as provided in Miss. Code Ann. § 47-7-18 as set forth in Miss. Admin. Code Pt. 201, R. 3.3, the Board shall require a parole-eligible offender to have a hearing as required in this Chapter.

C. Parole hearings shall be held no later than thirty (30) days prior to the month of eligibility, providing sufficient time to consider every inmate who is eligible during the month or two months preceding his or her eligibility.

D. An offender has the privilege to be represented by counsel at his or her own expense. Attorneys must submit a letter of representation to the Board regarding his intention to represent the offender before the offender's hearing. Hearings may be held by file review, in person, by phone, or teleconference at the discretion of the Board.

E. Before the hearing is conducted, the inmate's master file is reviewed and all pertinent information is recorded in a summary report. This report is provided to each Board member. A parole file is also maintained. This file contains information pertaining to previous Board's actions and all documents and correspondence received supporting or opposing the individual's parole. The inmate may provide any additional information either in writing or during the hearing.

F. The Chairman or designee initiates the hearing and allows follow-up questions from other Board members. The inmate is not present during deliberations. However, he or she is advised in writing of the Board's decision within ten (10) days of deliberation. If an inmate's parole is denied, the action sheet will include reasons as to why parole was denied and the length of time that will lapse before the next inmate's hearing (also called a "set-off" period).

G. In making its decision to grant or deny parole, the Board considers the following factors (factors are reflected on action sheets as follows)

1. Reasons Favoring Parole:

a. has served sufficient portion of sentence;

b. good prison record;

c. good risk assessment;

d. detainer/other sentence to serve;

e. recommendation by prison authority;

f. recommendation by law enforcement official;

g. successfully completed set-off;

h. needs supervision prior to discharge;

i. community support;

j. has employment or adequate provisions for maintenance and care;

k. the Board believes he/she is able and willing to fulfill the obligation of a law-abiding citizen;

l. psychiatric/psychological evaluation indicates reasonable chances of success on parole;

m. mitigating circumstances surrounding crime;

n. participating in rehabilitative programs.

2. Reasons for Denial:

a. serious nature of offense;

b. number of offenses committed;

c. police and/or juvenile record;

d. prior felony convictions;

e. additional charges pending/detainer;

f. prior misdemeanor convictions;

g. probation unsatisfactory/violated;

h. parole unsatisfactory/violated;

i. other conditional release unsatisfactory/violated;

j. history of violence;

k. history of drug or alcohol abuse;

l. psychological and/or psychiatric history;

m. crimes committed while incarcerated;

n. escape;

o. institutional disciplinary reports;

p. recent/pending disciplinary action;

q. unsatisfactory work rating;

r. failure to participate in or complete rehabilitative programs;

s. poor prognosis according to psychological/psychiatric evaluation;

t. community opposition;

u. failure to comply with Board's instruction;

v. further investigation required;

w. insufficient time served;

x. inmate requested not to be paroled;

y. inadequate arrangements for employment and/or residence;

z. the Board believes that the social, mental, or educational resources are lacking which are necessary to function successfully on parole;

aa. the Board believes the ability or willingness to fulfill the obligations of a law-abiding citizen is lacking, pursuant to Miss. Code Ann. § 47-7-17 as amended;

bb. release on earned-release supervision (ERS);

cc. other custody;

dd. gang affiliated.

H. All information received by the Board in the performance of its duty and which is not public record is classified as confidential. Confidential information includes, but is not limited to, investigative and supervisory reports and recommendations, both positive and negative, compiled by both the Department and the Board.

29 Miss. Code. R. § 201-3.4

Miss. Code Ann. §§ 47-7-17, 47-7-3(1)(h)(ii) and (2)

Amended 8/18/2023