"Second look" laws to help reduce prison time are gaining traction across the country but Mississippi is not following suit.
A new report examinee policies in a dozen states which allow judges, rather than parole boards, to reconsider sentences. Mississippi lacks a "second chance" law but does provide an earlier parole option for older incarcerated individuals.
Becky Feldman, director of the Second Look Network for The Sentencing Project, explained the policy allows those who are 60 years old and have served 10 years and a quarter of their sentence to be considered for parole, except for those convicted of violent crimes or habitual offenders.
"Because of all those exclusions, violent crimes, and habitual offenders, I don't know how many 60-year-olds are serving sentences for misdemeanors," Feldman noted. "It's probably not a large population of people. So it's probably a pretty ineffective elder parole law."
Feldman pointed out six states and the District of Columbia permit a court to reconsider a sentence, usually under certain conditions, such as the person's age at the time of the offense and amount of time served.
Feldman argued it is essential for Mississippians to know allowing a judge to consider someone's rehabilitation in open court, with an adversarial and transparent process with an attorney, is a very different, meaningful and fair proceeding.
"It's something that I think should be strongly considered in every state, not just Mississippi, but particularly Mississippi because of the high prison population they have there," Feldman contended. "There's going to be, if it's not already, a significant aging prison population."
Feldman emphasized organizations, including the American Bar Association, the Fair and Just Prosecution and the Model Penal Code, call for legislatures to enact second look laws.
The report suggested 10 provisions to be included in any second look law to ensure broad, fair and meaningful application to the incarcerated. She added the most meaningful recommendation is to apply the statute retroactively.
get more stories like this via email
Mississippi's pilot work-release program for incarcerated individuals has been extended to three years.
The program allows qualified participants to gain job skills and earn money while serving their sentence.
Wil Ervin, senior vice president of the advocacy group Empower Mississippi, said the existing law has a pilot work-release program operated by the Mississippi Department of Corrections at the Central Mississippi Correctional Facility. It is limited to only 25 participants, but the expansion of Senate Bill 2445 will include more state and regional correctional facilities.
"Obviously, we recognize the importance of an individual having a job both while they're in prison and when they get out," Ervin pointed out. "Having a job is one of the biggest predictors of recidivism for individuals once they're released from prison."
Ervin noted during the legislative session, his organization worked with the bill's author, Sen. Juan Barnett, D-Heidelberg, and House Corrections Chairperson Becky Curry to expand the program.
They decided to expand this program statewide at the end of the session whenever the conference report from the Joint Legislative Committee on Performance Evaluation and Expenditure Review was released.
He added the working wage participants will receive is higher than the federal minimum wage of $7.25.
"The PEER report that was released last year shows that average wages were $13.35 an hour," Ervin explained. "Under the new bill, 15% goes back to administration of the program; 25% goes towards child support fines, fees, restitution, court costs."
Ervin added 50% goes into a savings account, which will be made available to the individual when they are released. He pointed out another 10% can be used for commissary and incidental expenses while they are in prison.
get more stories like this via email
Alabama has a goal to reduce recidivism by 50% by 2030 but a recent report from the Prison Fellowship warned state-level barriers to critical needs may hinder progress.
Every year, thousands of men and women are released from state prisons and jails. However, despite repaying their debt to society, they encounter roadblocks to successful reintegration. The so-called "collateral consequences" affect their access to housing, education and more.
Kate Trammell, vice president of legal and advocacy for the Prison Fellowship, emphasized the need to address obstacles to empower returning citizens to build better lives.
"One of the first things that policymakers or voters should be thinking about, about their neighbors with a criminal record, is how can we help ensure that they aren't prevented from accessing safe, affordable housing?" Trammell urged. "A second thing is, how can we ensure that they aren't prevented from accessing meaningful jobs?"
Barriers exist on local, state and federal levels and their wide reach restricts access to assistance programs such as SNAP. In Alabama alone, advocates said there are 824 barriers impeding an individual's journey toward a second chance.
About 37% of state-level obstacles are related to job licensing and can play a role in keeping people from finding jobs with advancement potential. Trammell highlighted the significance of employment in securing a stable future and underscores how addressing reentry cannot only benefit individuals but communities as well.
"Research shows that just having a stable job by itself can have a deterrent effect on future criminal behavior," Trammell pointed out. "That's really significant if we're thinking about how to make sure our neighborhoods are safe and strong."
At the state level, work is underway to improve the state's reentry plan. Fifteen agencies have created a plan to support Alabama's reentry strategy by simplifying the process of getting state IDs, improving access to behavioral health and addiction treatment and increasing participation in job training.
The Prison Fellowship reports about 70 million Americans with criminal records face systematic barriers to second-chance opportunities.
get more stories like this via email
Advocates said continuing parole is vital for Mississippi's families, businesses and communities.
Senate Bill 2448 keeps the current parole law in place for another three years. According to the Prison Policy Initiative, 27,000 Mississippians are behind bars.
Alesha Judkins, Mississippi state director of criminal justice reform for the group FWD.us, emphasized parole is a safe and effective way to reunite people with their families and strengthen Mississippi's economy. She added data show parole is successful, with 98% of released individuals not returning to prison within two years.
"Parole can help address the state's workforce shortages," Judkins pointed out. "What we know is that Mississippi still has one of the lowest labor force participation rates in the country. People having the opportunity to return home means there are more people available for the many job opportunities that are available, but go unfilled."
Judkins added state economist J. Corey Miller estimated as of December of last year, there were about 30,000 more job openings than people being hired.
Judkins explained fully implementing parole would help improve the imprisonment rate by allowing people to earn their way home sooner and reducing the prison population safely. She added individuals who receive parole may participate in programming, which helps reduce recidivism.
"One of the great things about parole being expanded even three years ago was that it gave more people the opportunity to participate in rehabilitative programming," Judkins noted. "Which is often limited to people with shorter sentences or those who have access to early release."
Judkins added there is overwhelming evidence reducing incarceration improves public safety. Forty-five states have simultaneously reduced their imprisonment and crime rates. Crime declined two times as fast in those states as in the five states where imprisonment rates increased.
get more stories like this via email