Khalaf & Nguyen has helped clients with their parole eligibility.

Parole eligibility in Mississippi depends on the date of the offense, the type of crime, and the sentence imposed. Here's a breakdown of the key rules as of current Mississippi law:

1. Nonviolent crimes. All persons sentenced for a nonviolent offense shall be eligible for parole only after they have served twenty-five percent (25%) or ten (10) years, whichever is less, of the sentence or sentences imposed by the trial court. For purposes of this paragraph, “nonviolent crime” means a felony not designated as a crime of violence in Section 97-3-2.

2. Violent crimes. A person who is sentenced for a violent offense as defined in Section 97-3-2, except robbery with a deadly weapon as defined in Section 97-3-79, drive-by shooting as defined in Section 97-3-109, and carjacking as defined in Section 97-3-117, shall be eligible for parole only after having served fifty percent (50%) or twenty (20) years, whichever is less, of the sentence or sentences imposed by the trial court. Those persons sentenced for robbery with a deadly weapon as defined in Section 97-3-79, drive-by shooting as defined in Section 97-3-109, and carjacking as defined in Section 97-3-117, shall be eligible for parole only after having served sixty percent (60%) or twenty-five (25) years, whichever is less, of the sentence or sentences imposed by the trial court.

3. Nonviolent and nonhabitual drug offenses. A person who has been sentenced to a drug offense pursuant to Section 41-29-139(a) through (d), whose crime was committed after June 30, 1995, shall be eligible for parole only after he has served twenty-five percent (25%) or ten (10) years, whichever is less, of the sentence or sentences imposed.

Per Miss. Code Ann. § 47-7-3(1), these groups are excluded from parole eligibility:

(a) Habitual offenders.Except as provided by Sections 99-19-81 through 99-19-87, no person sentenced as a confirmed and habitual criminal shall be eligible for parole;

(b) Sex offenders.Any person who has been sentenced for a sex offense as defined in Section 45-33-23(h) shall not be released on parole except for a person under the age of nineteen (19) who has been convicted under Section 97-3-67;

(c) Capital offenders.No person sentenced for the following offenses shall be eligible for parole:(i)Capital murder committed on or after July 1, 1994, as defined in Section 97-3-19(2);

(ii)Any offense to which an offender is sentenced to life imprisonment under the provisions of Section 99-19-101; or
(iii)Any offense to which an offender is sentenced to life imprisonment without eligibility for parole under the provisions of Section 99-19-101, whose crime was committed on or after July 1, 1994;

(d) Murder.No person sentenced for murder in the first degree, whose crime was committed on or after June 30, 1995, or murder in the second degree, as defined in Section 97-3-19, shall be eligible for parole;

(e) Human trafficking.No person sentenced for human trafficking, as defined in Section 97-3-54.1, whose crime was committed on or after July 1, 2014, shall be eligible for parole;

(f) Drug trafficking.No person sentenced for trafficking and aggravated trafficking, as defined in Section 41-29-139(f) through (g), shall be eligible for parole;

(g) Offenses specifically prohibiting parole release.No person shall be eligible for parole who is convicted of any offense that specifically prohibits parole release

In Mississippi, a parole hearing is the process by which the Mississippi State Parole Board determines whether an eligible incarcerated person should be released from prison under supervision before completing their full sentence

• Once an inmate becomes statutorily eligible for parole (based on offense type, sentence length, and time served), the Mississippi Department of Corrections (MDOC) refers their case to the Parole Board.

• The Parole Board sends notice of the upcoming hearing to:
  
  • The inmate
  • Victims (through the Office of Victim Assistance)
  • Law enforcement and district attorney
  • Relevant court officials

At the hearing, the board considers:

• Nature and seriousness of the original offense
• Institutional behavior and disciplinary record
• Participation in rehabilitation programs (e.g., education, counseling, job training)
• Parole plan (housing, employment, community support)
• Risk assessment scores
• Victim impact statements and public safety concerns

• Victims and prosecutors may submit written statements or speak at the hearing.
• Their input can influence whether parole is granted or denied.

The Parole Board can:

• Grant parole with conditions.
• Deny parole and set a date for reconsideration (usually 1–3 years later).
• Impose special conditions like drug treatment, electronic monitoring, or counseling.

• Most hearings are not in-person for the inmate. The Board typically reviews files and may conduct interviews via video conference.
• Victims and others may appear in person or virtually at a Parole Board hearing office.

• Hearings generally occur shortly after the inmate becomes eligible.
• The Parole Board typically issues a decision within 30 days of the hearing.

• Parole is discretionary, not guaranteed.
• Even after release, the parolee remains under supervision and must comply with strict conditions.

In Mississippi, when someone is granted parole, they are released from prison but remain under state supervision and must comply with specific conditions. These conditions are designed to promote rehabilitation and protect public safety. Violation of any of them can lead to revocation of parole and return to prison.

Reporting Requirements

• Report regularly to a parole officer as instructed (usually monthly).
• Notify the officer of any change in residence, employment, or contact information.

Travel Restrictions

• May not leave the state or county without written permission from the parole officer.

Employment

• Must maintain lawful, full-time employment or education.
• Parolees must report job changes and actively seek work if unemployed.

Residency

• Must live at an approved residence.
• Changes in residence require prior approval.

Obey Laws

• Must not commit any new criminal offense.
• Any arrest, even without conviction, must be reported to the parole officer immediately.

Drug and Alcohol Restrictions

• Must refrain from using illegal drugs or abusing alcohol.
• May be required to undergo random drug testing.
• Participation in substance abuse treatment may be ordered.

Weapons Prohibition

• Parolees are prohibited from possessing or using firearms, ammunition, or dangerous weapons.

Curfew (if imposed)

• A curfew may be established depending on the case or risk level.

Supervision Fees

• Required to pay monthly supervision fees 

No Contact Orders

• Must comply with any no-contact restrictions with victims or other specified individuals.

Depending on the crime or risk factors, the Parole Board may impose additional conditions, such as:

• Electronic monitoring (e.g., GPS ankle bracelet)
• Sex offender registration and restrictions
• Domestic violence counseling
• Mental health treatment
• Community service

• Technical violations (e.g., missed appointments, positive drug test) may result in sanctions or short-term jail stays.
• Substantive violations (e.g., new crime) can lead to full revocation of parole.

A technical violation in Mississippi refers to when a person on parole or probation breaks the rules of supervisionwithout committing a new crime. These are violations of conditions — not new criminal offenses — and they’re treated differently from more serious violations.

Under Miss. Code Ann. § 47-7-2 & § 47-7-27, common technical violations include:

• Missing a meeting with a parole or probation officer
• Failing a drug test (for drugs or alcohol)
• Failure to maintain employment or housing
• Leaving the approved residence or county without permission
• Failure to pay supervision fees
• Breaking curfew
• Failing to attend court-ordered programs (e.g., anger management or rehab)

Mississippi law distinguishes technical from non-technical (or “substantive”) violations:

• Do not involve a new felony or misdemeanor.
• Are subject to limited sanctions under the law.
• The Mississippi Parole Board or the court can order:
  
  • Short jail stays
  • Increased reporting
  • Counseling or treatment programs
  • Community service
  • GPS monitoring

For probationers:

• Jail time for technical violations is limited to 90 days per violation, unless there are repeated or multiple violations.

For parolees:

• The Parole Board may impose short-term incarceration, but must generally exhaust alternative sanctions before revoking parole for a technical violation.

§ 47-7-27(6)(a) The board shall hold a hearing for any parolee who is detained as a result of a warrant or a violation report within twenty-one (21) days of the parolee’s admission to detention. The board may, in its discretion, terminate the parole or modify the terms and conditions thereof. If the board revokes parole for one or more technical violations the board shall impose a period of imprisonment to be served in a technical violation center operated by the department not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation. For the third revocation, the board may impose a period of imprisonment to be served in a technical violation center for up to one hundred and eighty (180) days or the board may impose the remainder of the suspended portion of the sentence. For the fourth and any subsequent revocation, the board may impose up to the remainder of the suspended portion of the sentence. The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

Some violations are always treated as non-technical, even if they don’t involve a new criminal charge:

• Possession of a firearm
• Absconding (willfully disappearing for 30+ days)
• Tampering with electronic monitoring
• Failure to register as a sex offender (if required)