Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 201 - Mississippi State Parole Board Policies And Procedures › Chapter 4 - Executive Clemency › Rule 29-201-4.1 - Executive Clemency

Current through June 25, 2024
The Mississippi Constitution provides the Governor with plenary power to grant clemency in all state criminal cases except those involving treason or impeachment. This power is unencroachable by the legislative or judicial branches of government. Under the Governor's clemency power, he has the authority to grant pardons, restore civil rights, grant indefinite or temporary suspensions and commute sentences after, upon his request, an investigation by the Board has been conducted and submitted to the Governor for his perusal.
A. PARDONS:
				A pardon relieves a convicted felon of all consequences of his or her
				conviction(s). In other words, a pardon wipes a conviction record clean
				including giving the individual the right to hold public office, to vote, hold
				certain licenses, carry firearms, obtain a liquor license and serve in the
				armed forces.
B. RESTORATION OF
				CIVIL RIGHTS: The restoration of civil rights allows convicted felons to vote
				and hold certain licenses. It does not allow a person to run for public office,
				obtain a liquor license, serve in the armed forces, or possess
				firearms.
C. COMMUTATION OF
				SENTENCES/EARLY RELEASE: This act by the Governor allows reduction of prison
				time or some other aspect of a sentence; however, it is not considered a pardon
				or a restoration of civil rights.
D. SUSPENSION: The Governor has the authority
				to grant temporary or indefinite stays in the execution of a sentence.
Statutes Pertaining to Parole
Mississippi Code of 1972 Annotated
25-41-3 Definitions (Open Meetings)
47-5-6 Establishment of Corrections and Criminal Justice
				  Oversight Task Force
47-5-157 Discharge procedure
47-5-173 Personal leaves
47-5-177 Notice of release; parties required to be notified;
				  additional notations for specified offenses
47-5-703 Definitions (Prison Overcrowding Emergency Powers
				  Act)
47-5-705 Declaring overcrowding state of emergency
47-5-707 Notice of 95 percent capacity
47-5-709 Reporting 30-day duration of problem
47-5-711 Governor's role upon receiving report
47-5-713 Conditional advancement of parole dates
47-5-719 Governor's actions after receipt of 60-day
				  report
47-5-723 Revocation of conditional advancement of parole
				  eligibility dates
47-5-725 Conditions of parole advancement
47-5-727 Advancement independent of other adjustments
47-7-1 Short title (Probation and Parole Law)
47-7-2 Definitions (Probation and Parole Law)
47-7-3 Parole eligibility; earned time; tentative hearing
				  date; program priority
47-7-3.1 Case plan for parole eligible inmates
47-7-3.2 Release of convicted person
47-7-4 Conditional medical release; nonviolent terminally ill
				  offenders
47-7-5 State Parole Board generally
47-7-6 Collection of data by Parole Board
47-7-9 Division of Community Corrections; duties of
				  personnel
47-7-11 Salaries and expenses
47-7-13 Operation of parole board
47-7-15 Further provisions concerning board's operations;
				  seal; records
47-7-17 Consideration; notice; factors considered;
				  rules
47-7-18 Hearing for release
47-7-19 Cooperation of correctional system officials and
				  court officers with board
47-7-21 Privileged information
47-7-23 Rulemaking authority
47-7-25 Supplies provided parole on release
47-7-27 Procedure for parole revocation
47-7-29 Effect of felony on parolee or earned-release
				  prisoner sentence
47-7-33.1 Discharge plan for released inmate
47-7-34 Post-release supervision; imposition by court;
				  restrictions; termination
47-7-35 Permissible conditions of probation or post-release
				  supervision; Sex Offender Registry check
47-7-36 Parole and probation meetings
47-7-37 Probation and post-release supervision violations;
				  release with or without bail; procedure; duration
99-19-81 Habitual criminals; maximum term
99-19-83 Habitual criminals; life imprisonments
99-19-107 Life sentence imposed if death penalty
				  unconstitutional
99-37-15 Resumption of payments
Mississippi
				  Constitution § 124; Miss. Code Ann. §
										47-7-5(3)