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  1. #1
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    Default eligible for parole

    if a person was convicted of homicide and sentenced to life in prison under the 85% law in the state of ms, are they elgible for parole once they reach the age of 65? If so can anyone point me to this law
    Last edited by natishapolk; 08-17-2009 at 05:53 PM.

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    What is the 85% Law?

    --------------------------------------------------------------------------------

    Prison Sentences & Release Dates

    Who is eligible for parole?

    An offender convicted of a crime committed after June 30 1995 who has never been convicted of violent crime as defined by Miss Code Ann 47-7-3 (1)(g) may be eligible for parole. An inmate convicted of a crime committed on or before June 30 1995, falls under different Parole Laws.

    Miss Code Ann 47-7-3 Return



    What is the 85% Law?

    For non-mandatory crimes committed after June 30, 1995, an inmate may receive an earned time allowance of 15% of his sentence, less pre-sentence jail-time, if MDOC determines that the inmate has complied with the good conduct and performance requirements of the earned time allowance program.

    Miss. Code 47-5-138(5) Return



    What is Meritorious Earned Time (MET)?

    Meritorious Earned Time (MET) is a up to 10 day reduction in sentence for every 30 days of successful participation in an educational, vocational or treatment program. Inmates are not eligible for MET for participation in a program if the inmate is already receiving trusty time for that program.

    Miss Code 47-5-142 Return



    Who is not eligible for MET or the 15% earned time allowance?

    An inmate is not eligible to receive the earned time allowance if:

    · Sentenced to life in prison

    · Convicted as a habitual offender.

    · Convicted of a sex crime

    · Convicted of armed robbery or attempted armed robbery, armed carjacking

    Miss Code 47-5-139 Return



    What is trusty earned time?

    Effective April 28, 2004 an inmate in trusty status may receive a 30 day reduction in sentence for every 30 days in trusty status. Inmates who were in trusty status as of April 28, 2004 and who are not eligible for 30/30 trusty time receive a 10 day reduction in sentence for every 30 days in trusty status.

    Miss Code 47-5-138.1 Return



    Who is not eligible for 30/30 trusty earned time?

    An inmate is not eligible to receive 30/30 trusty earned time if:

    · Sentenced to life in prison

    · Convicted as a habitual offender

    · Convicted of a sex crime

    · Convicted of armed robbery, attempted armed robbery, armed carjacking or drive by shooting.

    · Convicted of a drug crime under Miss. Code Ann. Section 41-29-139(a) and sentenced under Section 41-29-139(b) or (f)

    · Convicted of trafficking in controlled substances under Miss. Code Ann. Section 41-29-139(g).

    Miss Code 47-5-138.1 Return

    What do the different dates mean on an inmate’s timesheet?

    Maximum Discharge date is the date an offender will have served the entire length of his sentence.

    Tentative Discharge date is the Maximum Discharge date minus any Trusty Time or Meritorious Earned Time.

    Earned Release Supervision (ERS) date is the Maximum Discharge Date minus the 15% earned time allowance, trusty time and meritorious earned time. Return



    What is Earned Release Supervision (ERS)?

    ERS is a “conditional release” and the ERS date does not mean that the inmate will automatically be released on that date. The ERS date is simply the “earliest possible date” minus any earned time that the offender can be released if ALL CONDITIONS for ERS are met. Click on ERS for more information.

    Miss Code 47-5-138 Return



    What if an inmate violates the terms of Earned Release Supervision (ERS)?

    If an inmate violates the terms of Earned Release Supervision he may be revoked and returned to an MDOC facility. An Inmate revoked from Earned Release Supervision (ERS) must serve the remainder of the sentence and he is not given credit for the length of time he was in the community on ERS.

    Miss Code 47-5-138 Return



    Who has the jurisdiction to revoke probation/post release supervision, parole, ISP (House Arrest), and Earned Release Supervision?

    The sentencing court has jurisdiction over probationers and post release supervision offenders.
    The parole board has jurisdiction over parolees.
    MDOC has jurisdiction over ERS and ISP (House Arrest) matters.

  3. #3
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    Default Time in Prison

    I have two questions:
    If my son was convicted for entering a habitat and was sentenced for 3 years, how much time will he serve? An attorney told me he will be out by Christmas, my son was told he would serve 10 -15 months, and my friend (Municipal Court Clerk) told me that since it is a short sentence, he will have to serve the full amount of time. What is the rule?

    Second question: My son has mental illness and takes medication. I understand he made a BIG mistake and has to do time but he was not medicated at the time and made a bad mistake. Nevertheless, my question is, will he receive the medications and doctor's care in prison? Can I send information or how will they know what meds to give him and what his illnesses are? Who can I talk to about this?

    Oh also, he is the Garza W. unit for processing, how soon before I can visit?

    Thanks,
    Nan

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    If he is in processing they do all kinds of assesments on them physical and mental If I were you I would call there and explain he is suppose to be on meds this way they know this and can have something to go by. Because if they are suppose to be on medications they do give it to them.

    About the time factor some states are different with their time if he judge said he is to serve day for day then he does all the time. Most states have it where lets say some one gets a year they do approxmatley 9 months (if they do not get into any trouble in there and get more time added to the sentence), then I believe on top of that some states have goodtime which is for every 28 days or thirty days they get so many days taken off the sentence if they are acting right. On Top of that some states have it if you take certian classes you get more good time which makes the sentence shorter.
    Just remember the parole is the ones who have the finally say so on an early release, on parole, most don't make it first time around.
    If they are suppose to take certian classes and they haven't completed them for what ever reason they stay till the classes are done and completed.
    The Attorney knows better than the court clerk but the attorney does not know the mind of the parole board either....

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    Default I have a question?

    If a person was convicted of AGG SXL ASSLT and recived a 45 years sentance and has already done 21 years how much longer will he be in there before he's eligible for parole? Does he have to serve all 45 or half?

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    Quote Originally Posted by LIZROCKS View Post
    If a person was convicted of AGG SXL ASSLT and recived a 45 years sentance and has already done 21 years how much longer will he be in there before he's eligible for parole? Does he have to serve all 45 or half?
    You should see if you can look them up on inmate search usaully they have the early estimated time of release and the mandatory release date listed with the information. It gives you something to go by. They either have both times listed or just one. If there is two times written down for them it lets you know he does not have one set time of release.

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    Texasdust is right about calling the unit where your son is, ask to speak to the head of the medical department and explain about your sons medical condition. If they do not have a psyc doc on staff there to treat him they have to move him to where he can recieve treatment. I had a friend who suffered from major depression and they sent him to a unit without psyc help, they had to move him once his mother got on the phone and hounded them for a while. Sorry I really don't know about the time issue, i have a hard time with it myself so good luck to you and yours.

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    Default 12 month flop

    My boyfriend was telling me that he may get a 12 month flop from the parole board. Can someone please explain 12 month flop to me?? Also, this is in the state of Mich.

    Thanks much
    Barb

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    means the parole board will deny him parole and he can see them again for reconsideration in 12 months. (He would have to wait a year before going back in front of them)

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    Maybe I didn't want to know what a 12 month flop was. But that is a short time compared to others. Thank you for the answer......sigh

    Have faith, hope and love....and the best of these is love

    Barb

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    i see that you have all the stuff for ms but can you post kansas regulations please i am really confused my loved on was sentenced jan8 2008 and recieved 54 months his earliest release date is 5/29/2012 does this include his good time? or does his good time get subtracted from that?

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    Quote Originally Posted by helpinoutinoz View Post
    i see that you have all the stuff for ms but can you post kansas regulations please i am really confused my loved on was sentenced jan8 2008 and recieved 54 months his earliest release date is 5/29/2012 does this include his good time? or does his good time get subtracted from that?
    I believe that earned time "good time" is only subtracted as he earns it. It will only go down as times goes on. But that is if he is eligible for it as well. I am not sure about Kansas regulations, but I am sure someone can guide you in the right direction with that. Check your DOC inmate locater once a month and see if the time changes at all in a 3 month period. Best of Luck!

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    my daughter is going b-4 parole in November - how long will it take for her to be released once approved. She has been in 4 almost 2 yrs - the 1st parole hearing declined to release her stating she had to complete some programs. Sent letters to the parole - some families as well. November will be her next hearing. This is in the state of Pennsylvania -
    Last edited by lmf4kids; 09-29-2009 at 12:59 AM. Reason: new at this first time on this site

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    My son will be eligable for parole again soon. Does it help to contact the parole board or send letters of good character?

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    Quote Originally Posted by LoriW View Post
    My son will be eligable for parole again soon. Does it help to contact the parole board or send letters of good character?
    Always! somewhere on this website some has put together a thread on parole support packets...lots of good information there.

 

 
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