Conditions for release of parole-eligible inmates without hearing; hearing required under certain circumstances.

Miss. Code Ann. § 47-7-18
in effect
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Each inmate eligiblefor parole pursuant to Section 47-7-3, shall bereleased from incarceration to parole supervision on the inmate’sparole eligibility date, without a hearing before the board, if: The inmate hasmet the requirements of the parole case plan established pursuantto Section47-7-3.1; A victim of theoffense has not requested the board conduct a hearing; The inmate hasnot received a serious or major violation report within the past six(6) months; The inmate hasagreed to the conditions of supervision; and The inmate hasa discharge plan approved by the board. At least thirty(30) days prior to an inmate’s parole eligibility date, thedepartment shall notify the board in writing of the inmate’scompliance or noncompliance with the case plan. If an inmate failsto meet a requirement of the case plan, prior to the parole eligibilitydate, he or she shall have a hearing before the board to determineif completion of the case plan can occur while in the community. Any inmate forwhom there is insufficient information for the department to determinecompliance with the case plan shall have a hearing with the board. A hearing shallbe held with the board if requested by the victim following notificationof the inmate’s parole release date pursuant to Section 47-7-17. A hearing shallbe held by the board if a law enforcement official from the communityto which the inmate will return contacts the board or the departmentand requests a hearing to consider information relevant to publicsafety risks posed by the inmate if paroled at the initial paroleeligibility date. The law enforcement official shall submit an explanationdocumenting these concerns for the board to consider. If a parole hearingis held, the board may determine the inmate has sufficiently compliedwith the case plan or that the incomplete case plan is not the faultof the inmate and that granting parole is not incompatible with publicsafety, the board may then parole the inmate with appropriate conditions.If the board determines that the inmate has sufficiently compliedwith the case plan but the discharge plan indicates that the inmatedoes not have appropriate housing immediately upon release, the boardmay parole the inmate to a transitional reentry center with the conditionthat the inmate spends no more than six (6) months in the center.If the board determines that the inmate has not substantively compliedwith the requirement(s) of the case plan it may deny parole. If theboard denies parole, the board may schedule a subsequent parole hearingand, if a new date is scheduled, the board shall identify the correctiveaction the inmate will need to take in order to be granted parole.Any inmate not released at the time of the inmate’s initialparole date shall have a parole hearing at least every year.

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