Mississippi Administrative Code › Title 29 - Prisons And Parole › Part 201 - Mississippi State Parole Board Policies And Procedures › Chapter 3 - The Parole Process › Rule 29-201-3.4 - Parole Release Hearings

Current through June 25, 2024
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.