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Mississippi Statutes, Title 47

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Mississippi/Statutes

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Title 47, Prisons and Prisoners; Probation and Parole

5 chapters · 366 sections in this title.

All chapters in Title 47366 Ch 5, Correctional System277 Ch 7, Probation and Parole46 Ch 1, County and Municipal Prisons and Pri…31 Ch 3, Removal of Prisoners6 Ch 4, Privately Operated Correctional Faci…6

46 sections·Filtered byTitle 47✕Ch 7✕

Miss. Code Ann. § 47-7-1 Probation and Parole Law
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This chapter shall be known as the “Probation and Parole Law.”
Miss. Code Ann. § 47-7-101 Mississippi Re-Entry Council; purpose; steering committee membership and duties
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(1) There is created the Mississippi Re-Entry Council. The purpose of the council is to create effective strategies to assist former inmates in their return to the general population, to reduce the recidivism rates of inmates, to increase public safety, and to reduce budgetary co…
Miss. Code Ann. § 47-7-11 Salaries, per diem and expenses
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All salaries and expenses incurred in the carrying out of this chapter shall be paid out of funds appropriated by the legislature for the support and maintenance of the probation and parole board. All accounts, including salaries, shall be approved and allowed by the board, and t…
Miss. Code Ann. § 47-7-13 Voting and recordkeeping requirements; offices, equipment, and supplies
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A majority of the board shall constitute a quorum for the transaction of all business. A decision to parole an offender convicted of murder or a sex-related crime shall require the affirmative vote of three (3) members. The board shall maintain, in minute book form, a copy of eac…

Miss. Code Ann. § 47-7-15 Seal of board; records and reports

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The board shall adopt an official seal of which the courts shall take judicial notice. Decisions of the board shall be made by majority vote, except as provided in Section 47-7-5(9). The board shall keep a record of its acts and shall notify each institution of its decisions rela…

Miss. Code Ann. § 47-7-17 Examination of offender’s record; eligibility for parole

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(1) Within one (1) year after his admission and at such intervals thereafter as it may determine, the board shall secure and consider all pertinent information regarding each offender, except any under sentence of death or otherwise ineligible for parole, including the circumstan…

Miss. Code Ann. § 47-7-18 Conditions for release of parole-eligible inmates without hearing; hearing required under certain circumstances

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(1) 47-7-18 No inmate convicted of a sex offense as defined by Section 45-33-23(h), a crime of violence as defined by Section 97-3-2, or both, nor an inmate who is eligible for geriatric parole shall be released on parole without a hearing before the Parole Board as required by S…

Miss. Code Ann. § 47-7-19 Correctional system officials to permit access to offenders and to give information to board

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It shall be the duty of all correctional system officials to grant to the members of the board or its properly accredited representatives, access at all reasonable times to any person over whom the board may have jurisdiction under this chapter; to provide for the board or such r…

Miss. Code Ann. § 47-7-2 Definitions

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(a) For purposes of this chapter, the following words shall have the meaning ascribed herein unless the context shall otherwise require:(a) “Adult” means a person who is seventeen (17) years of age or older, or any person convicted of any crime not subject to the provisions of th…

Miss. Code Ann. § 47-7-21 Privileged information

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All information obtained in the discharge of official duty by a field officer as an employee of the Department of Corrections shall be privileged and shall not be disclosed directly or indirectly to anyone other than to (a) the State Parole Board, (b) a judge, or (c) law enforcem…

Miss. Code Ann. § 47-7-23 Rules and regulations

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Except as otherwise provided by law, the Department of Corrections shall have the power and duty to make rules for the conduct of persons heretofore or hereafter placed on parole under the supervision of the Department of Corrections and for the investigation and supervision of s…

Miss. Code Ann. § 47-7-25 Gratuities to paroled offender

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When an offender is placed on parole he shall receive, if needed, from the state, civilian clothing and transportation to the place in which he is to reside. At the discretion of the board the offender may be advanced such sum for his temporary maintenance as the board may allow.…

Miss. Code Ann. § 47-7-27 Return of violator of parole or earned release supervision; arrest of offender; hearing; revocation of parole; imprisonment for technical violation to be served in technical violation center

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(1) The board may, at any time and upon a showing of probable violation of parole, issue a warrant for the return of any paroled offender to the custody of the department. The warrant shall authorize all persons named therein to return the paroled offender to actual custody of th…

Miss. Code Ann. § 47-7-29 Effect of conviction of felony while on parole or earned-release supervision

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Any prisoner who commits a felony while at large upon parole or earned-release supervision and who is convicted and sentenced therefor shall be required to serve such sentence after the original sentence has been completed.

Miss. Code Ann. § 47-7-3 Parole of prisoners; conditions for eligibility; determination of tentative hearing date; completion of drug and alcohol rehabilitation program for offenders convicted or certain drug or alcohol offenses [Repealed effective July 1, 2027]

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(1) Every prisoner who has been convicted of any offense against the State of Mississippi, and is confined in the execution of a judgment of such conviction in the Mississippi Department of Corrections for a definite term or terms of one (1) year or over, or for the term of his o…

Miss. Code Ann. § 47-7-3.1 Case plan for parole-eligible inmates; purpose; components

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(1) In consultation with the Parole Board, the department shall develop a case plan for all parole-eligible inmates to guide an inmate’s rehabilitation while in the department’s custody and to reduce the likelihood of recidivism after release. (2) The case plan shall include, but…

Miss. Code Ann. § 47-7-3.2 Minimum time offenders convicted of crime of violence must serve before release; minimum percentage of other sentences offenders must serve before release

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(1) Notwithstanding Section 47-5-138, 47-5-139, 47-5-138.1 or 47-5-142, no person convicted of a criminal offense on or after July 1, 2014, shall be released by the department until he or she has served no less than the percentage of the sentence or sentences imposed by the court…

Miss. Code Ann. § 47-7-31 Department of correction to investigate pardon and commutation of sentence cases upon request

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Upon request of the governor the department of corrections shall investigate and report to him with respect to any case of pardon, commutation of sentence, reprieve, furlough or remission of fine or forfeiture. Any attorney of record in the state of Mississippi representing any p…

Miss. Code Ann. § 47-7-33 Power of court to suspend sentence and place defendant on probation; notice to Department of Corrections; support payments

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(1) When it appears to the satisfaction of any circuit court or county court in the State of Mississippi having original jurisdiction over criminal actions, or to the judge thereof, that the ends of justice and the best interest of the public, as well as the defendant, will be se…

Miss. Code Ann. § 47-7-33.1 Pre-release assessment and written discharge plan

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(1) The department shall create a discharge plan for any offender returning to the community, regardless of whether the person will discharge from the custody of the department, or is released on parole, pardon, or otherwise. At least ninety (90) days prior to an offender’s earli…

Miss. Code Ann. § 47-7-34 Postrelease supervision program

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(1) When a court imposes a sentence upon a conviction for any felony committed after June 30, 1995, the court, in addition to any other punishment imposed if the other punishment includes a term of incarceration in a state or local correctional facility, may impose a term of post…

Miss. Code Ann. § 47-7-35 Terms and conditions of probation; court to determine; sex offender registry check required prior to placing offender on probation

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(1) The courts referred to in Section 47-7-33 or 47-7-34 shall determine the terms and conditions of probation or post-release supervision and may alter or modify, at any time during the period of probation or post-release supervision, the conditions and may include among them th…

Miss. Code Ann. § 47-7-36.1 Submission of weekly time cards, proof of employment, results of required drug tests to person who supervises offender’s parole or probation in lieu of meeting required in Section 47-7-36

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(1) Any employer of an offender may submit weekly time cards, proof of employment and the results of any required drug tests to the person who supervises an individual placed on parole by the Parole Board or placed on probation by the court in lieu of the meeting requirement desc…

Miss. Code Ann. § 47-7-37 Period of probation; arrest, revocation and recommitment for violation of probation or postrelease supervision; hearing; revocation of probation for technical violation; imprisonment in technical violation center; certain restrictions on imposition of bail for persons required to register as sex offender

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(1) The period of probation shall be fixed by the court, and may at any time be extended or terminated by the court, or judge in vacation. Such period with any extension thereof shall not exceed five (5) years, except that in cases of desertion and/or failure to support minor chi…

Miss. Code Ann. § 47-7-37.1 Revocation of probation or post-release supervision

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Notwithstanding any other provision of law to the contrary, if a court finds by a preponderance of the evidence, that a probationer or a person under post-release supervision has committed a felony or absconded, the court may revoke his probation and impose any or all of the sent…

Miss. Code Ann. § 47-7-38 Graduated sanctions as alternative to judicial modification or revocation of parole, probation or post-release supervision

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(1) The department shall have the authority to impose graduated sanctions as an alternative to judicial modification or revocation, as provided in Sections 47-7-27 and 47-7-37, for offenders on probation, parole, or post-release supervision who commit technical violations of the …

Miss. Code Ann. § 47-7-38.1 Technical violation centers

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(1) The Department of Corrections shall establish technical violation centers to detain probation and parole violators revoked by the court or parole board. (2) The department shall place an offender in a violation center for a technical violation as ordered by the board pursuant…

Miss. Code Ann. § 47-7-39 Change of residence; transfer

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If, for good and sufficient reasons, a probationer desires to change his residence within or without the state, such transfer may be effected by application to his field supervisor which transfer shall be subject to the court’s consent and subject to such regulations as the court…

Miss. Code Ann. § 47-7-4 Conditional medical release of prisoners; criteria; supervision; revocation; medical parole; referral to licensed special care facilities for paroled inmates; “medically frail” defined; conditions of parole

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(1) The commissioner and the medical director of the department may place an offender who has served not less than one (1) year of his or her sentence, except an offender convicted of a sex crime, on conditional medical release. However, a nonviolent offender who is bedridden may…

Miss. Code Ann. § 47-7-40 Earned-discharge program; eligibility; accrual of earned-discharge credits

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(1) The commissioner shall establish rules and regulations for implementing the earned-discharge program that allows offenders on probation and parole to reduce the period of supervision for complying with conditions of probation. The department shall have the authority to award …

Miss. Code Ann. § 47-7-41 Discharge from probation

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When a probationer shall be discharged from probation by the court of original jurisdiction, the field supervisor, upon receiving a written request from the probationer, shall forward a written report of the record of the probationer to the Division of Community Corrections of th…

Miss. Code Ann. § 47-7-43 Application of provisions

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The provisions of this chapter are hereby extended to all persons who, at the effective date thereof, may be on parole, or eligible to be placed on parole under existing laws, with the same force and effect as if this chapter had been in operation at the time such persons were pl…

Miss. Code Ann. § 47-7-45 Provisions inapplicable to Oakley Youth Development Center

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The provisions of this chapter shall not apply to probation under the Youth Court Law nor to parole from the Oakley Youth Development Center.

Miss. Code Ann. § 47-7-47 Earned probation program; intensive supervision program; intervention court; restitution to crime victim

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(1) The judge of any circuit court may place an offender on a program of earned probation, in an intensive supervision program or any intervention court authorized by law after a period of confinement as set out herein and the judge may seek the advice of the commissioner and sha…

Miss. Code Ann. § 47-7-49 Creation of community service revolving fund; payments by offender on probation, parole, earned-release supervision, post-release supervision, or earned probation; disposition of payments; time limit on payments [Repealed effective June 30, 2030]

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(1) Any offender on probation, parole, earned-release supervision, post-release supervision, earned probation or any other offender under the field supervision of the Community Services Division of the department shall pay to the department the sum of Fifty-five Dollars ($55.00) …

Miss. Code Ann. § 47-7-5 State Parole Board created; membership; requirements; vacancies; expenses; immunity; budget; responsibilities to offenders; electronic monitoring program; central registry of paroled inmates; minimum vote required to grant parole to inmate convicted of capital murder or sex crime [Repealed effective July 1, 2027]

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(1) Effective January 1, 2028, the State Parole Board, created under former Section 47-7-5, is hereby created, continued and reconstituted and shall be composed of five (5) members, one (1) appointed from each Mississippi Supreme Court District and two (2) from the state at large…

Miss. Code Ann. § 47-7-51 Correctional Training Revolving Fund

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(1) There is hereby created in the State Treasury a special fund, which shall be known as the Correctional Training Revolving Fund. This fund shall be used to develop and implement the comprehensive correction training program authorized in Chapter 509, Laws of 1990. These funds …

Miss. Code Ann. § 47-7-53 Department of Corrections to assume duties, powers and responsibilities of Parole Board

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If the Parole Board is abolished, the Department of Corrections shall assume and exercise all the duties, powers and responsibilities of the State Parole Board. The Commissioner of Corrections may assign to the appropriate officers and divisions any powers and duties deemed appro…

Miss. Code Ann. § 47-7-55 Parole Commission; creation; purpose; membership; compensation

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(1) There is hereby created a joint committee of the Senate and House of Representatives to be known as the Parole Commission, hereinafter referred to as the “commission.” The commission shall study and make recommendations to the Legislature related to the abolition of parole, t…

Miss. Code Ann. § 47-7-6 Parole Board to collect certain information and report semiannually to Oversight Task Force

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(1) The Parole Board, with the assistance of the Department of Corrections, shall collect the following information:(a) The number of offenders supervised on parole;(b) The number of offenders released on parole;(c) The number of parole hearings held;(d) The parole grant rate for…

Miss. Code Ann. § 47-7-71 Uniform act for out-of-state parolee supervision

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I. I. The governor of this state is hereby authorized and directed to execute a compact on behalf of the state of Mississippi with any of the United States legally joining therein in the form substantially as follows: A Compact Entered into by and among the contracting states, si…

Miss. Code Ann. § 47-7-73 Notification to county and municipal officials; probation or parole of out-of-state parolee

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The Department of Corrections shall notify the sheriff of the county and the police chief of each municipality in the county when a person is placed on probation or released on parole to reside in the county under the Uniform Act for Out-of-state Parolee Supervision.

Miss. Code Ann. § 47-7-81 Interstate Compact for Adult Offender Supervision

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The Governor, on behalf of this state, may execute a compact, in substantially the following form, and the Legislature signifies in advance its approval and ratification of such compact: THE INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION ARTICLE I PURPOSE The compacting states…

Miss. Code Ann. § 47-7-83 Supervision of offenders from participating states

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Pursuant to the Interstate Compact for Adult Offender Supervision, the Department of Corrections may assume the duties of supervision over offenders of any sending state who were convicted of misdemeanors. The Department of Corrections may not supervise offenders convicted of mis…

Miss. Code Ann. § 47-7-85 Application fee for out-of-state transfer; funds received to defray compact expenses

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Pursuant to the Interstate Compact for Adult Offender Supervision, the Department of Corrections may charge a one-time application fee in the amount of Fifty Dollars ($50.00) to each offender applying for out-of-state transfer under the Interstate Compact for Adult Offender Super…

Miss. Code Ann. § 47-7-9 General powers and duties of personnel of Division of Community Corrections as field supervisors and presentence investigators

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(1) The circuit judges and county judges in the districts to which Division of Community Corrections personnel have been assigned shall have the power to request of the department transfer or removal of the division personnel from their court. (2) (a) Division personnel shall inv…