Mississippi Code

Miss. Code Ann. § 47-7-3 (2026)

[Repealed effective 7/1/2027] Parole of prisoners; conditions for eligibility; determination of tentative hearing date; completion of drug and alcohol rehabilitation program for offenders convicted or certain drug or alcohol offenses

✓ current as of July 2026

Find cases: SyfertCases citing this section JustiaMiss. Code CornellLII Search CasesGoogle Scholar

(1) Every prisoner who has been convicted of any offense against the State of Mississippi, and is confined in the execution of a judgment of such conviction in the Mississippi Department of Corrections for a definite term or terms of one (1) year or over, or for the term of his or her natural life, whose record of conduct shows that such prisoner has observed the rules of the department, and who has served the minimum required time for parole eligibility, may be released on parole as set forth herein:
- (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;
- (h)
  - (i)Offenders eligible for parole consideration for offenses committed after June 30, 1995. Except as provided in paragraphs (a) through (g) of this subsection, offenders may be considered eligible for parole release as follows:
    - 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.
  - (ii)Parole hearing required. All persons eligible for parole under subparagraph (i) of this paragraph (h) who are serving a sentence or sentences for a crime of violence, as defined in Section 97-3-2, shall be required to have a parole hearing before the Parole Board pursuant to Section 47-7-17, prior to parole release.
  - (iii)Geriatric parole. Notwithstanding the provisions in subparagraph (i) of this paragraph (h), a person serving a sentence who has reached the age of sixty (60) or older and who has served no less than ten (10) years of the sentence or sentences imposed by the trial court shall be eligible for parole. Any person eligible for parole under this subparagraph (iii) shall be required to have a parole hearing before the board prior to parole release. No inmate shall be eligible for parole under this subparagraph (iii) of this paragraph (h) if:
    - 1. The inmate is sentenced as a habitual offender under Sections 99-19-81 through 99-19-87;
    - 2. The inmate is sentenced for a crime of violence under Section 97-3-2;
    - 3. The inmate is sentenced for an offense that specifically prohibits parole release;
    - 4. The inmate is sentenced for trafficking in controlled substances under Section 41-29-139(f);
    - 5. The inmate is sentenced for a sex crime; or
    - 6. The inmate has not served one-fourth (1/4) of the sentence imposed by the court.
  - (iv)Parole consideration as authorized by the trial court. Notwithstanding the provisions of paragraph (a) of this subsection, any offender who has not committed a crime of violence under Section 97-3-2 and has served twenty-five percent (25%) or more of his sentence may be paroled by the State Parole Board if, after the sentencing judge or if the sentencing judge is retired, disabled or incapacitated, the senior circuit judge authorizes the offender to be eligible for parole consideration; or if the senior circuit judge must be recused, another circuit judge of the same district or a senior status judge may hear and decide the matter. A petition for parole eligibility consideration pursuant to this subparagraph (iv) shall be filed in the original criminal cause or causes, and the offender shall serve an executed copy of the petition on the District Attorney. The court may, in its discretion, require the District Attorney to respond to the petition.

(2) The State Parole Board shall, by rules and regulations, establish a method of determining a tentative parole hearing date for each eligible offender taken into the custody of the Department of Corrections. The tentative parole hearing date shall be determined within ninety (90) days after the department has assumed custody of the offender. Except as provided in Section 47-7-18, the parole hearing date shall occur when the offender is within thirty (30) days of the month of his parole eligibility date. Any parole eligibility date shall not be earlier than as required in this section.

(3) Notwithstanding any other provision of law, an inmate shall not be eligible to receive earned time, good time or any other administrative reduction of time which shall reduce the time necessary to be served for parole eligibility as provided in subsection (1) of this section.

(4) Any inmate within forty-eight (48) months of his parole eligibility date and who meets the criteria established by the classification board shall receive priority for placement in any educational development and job-training programs that are part of his or her parole case plan. Any inmate refusing to participate in an educational development or job-training program, including, but not limited to, programs required as part of the case plan, shall be in jeopardy of noncompliance with the case plan and may be denied parole.

(5) In addition to other requirements, if an offender is convicted of a drug or driving under the influence felony, the offender must complete a drug and alcohol rehabilitation program prior to parole, or the offender shall be required to complete a postrelease drug and alcohol program as a condition of parole.

(6) Except as provided in subsection (1)(a) through (h) of this section, all other persons shall be eligible for parole after serving twenty-five percent (25%) of the sentence or sentences imposed by the trial court, or, if sentenced to thirty (30) years or more, after serving ten (10) years of the sentence or sentences imposed by the trial court.

(7) The Corrections and Criminal Justice Oversight Task Force established in Section 47-5-6 shall develop and submit recommendations to the Governor and to the Legislature annually on or before December 1st concerning issues relating to juvenile and habitual offender parole reform and to review and monitor the implementation of Chapter 479, Laws of 2021.

(8) The amendments contained in Chapter 479, Laws of 2021, shall apply retroactively from and after July 1, 1995.

(9) Notwithstanding provisions to the contrary in this section, a person who was sentenced before July 1, 2021, may be considered for parole if the person's sentence would have been parole eligible before July 1, 2021.

(10) This section shall stand repealed on July 1, 2027.

Codes, 1942, § 4004-03; Laws, 1944, ch. 334, § 2; Laws, 1946, ch. 486, § 2; Laws, 1950, ch. 524, § 4; Laws, 1958, ch. 233, § 2; Laws, 1964, ch. 366; Laws, 1976, ch. 440, § 79; Laws, 1976, ch. 470, § 5; Laws, 1980, ch. 511; reenacted, Laws, 1981, ch. 465, § 92; Laws, 1982, ch. 431, § 1; reenacted, Laws, 1984, ch. 471, § 102; Laws, 1985, ch. 499, § 16; Laws, 1985, ch. 531, § 3; reenacted and amended, Laws, 1986, ch. 413, § 102; Laws, 1986, ch. 435, § 1; Laws, 1989, 1st Ex Sess, ch. 3, § 4; Laws, 1993, ch. 443, § 1; Laws, 1994, ch. 566, § 2; Laws, 1994 Ex Sess, ch. 25, § 5; Laws, 1995, ch. 575, § 2; Laws, 1995, ch. 596, § 3; Laws, 2001, ch. 393, § 11; Laws, 2002, ch. 413, § 1; Laws, 2004, ch. 407, § 1; Laws, 2004, ch. 520, § 1; Laws, 2004, ch. 569, § 1; Laws, 2005, ch. 503, § 1; Laws, 2008, ch. 438, § 1; Laws, 2010, ch. 536, § 4, eff. 7/1/2010.

Amended by Laws, 2024, ch. 465, SB 2448,§ 2, eff. 7/1/2024.

Amended by Laws, 2021, ch. 479, SB 2795,§ 2, eff. 7/1/2021.

Amended by Laws, 2020, ch. 467, SB 2469,§ 1, eff. 7/1/2020.

Amended by Laws, 2018, ch. 416, HB 387,§ 5, eff. 7/1/2018.

Amended by Laws, 2016, ch. 506, HB 107, 1, eff. 5/13/2016.

Amended by Laws, 2015, ch. 448, HB 1267, 1, eff. 7/1/2015.

Amended by Laws, 2014, ch. 457, HB 585, 40, eff. 7/1/2014.

Notes of Decisions

Cited in 219 cases (33 in the last 5 years), 1980–2026 · leading case: Rubenstein v. State, 941 So. 2d 735 (Miss. 2006).

Sort: Relevance Newest Treatment

Rubenstein v. State, 941 So. 2d 735 (Miss. 2006). · cites it 5× “" Miss.Code Ann. § 47-7-3 (1994). ś 252. Section 99-19-101(1), concerning the jury's role in capital murder sentencing proceedings, provides, in part: Upon conviction or adjudication of guilt of a defendant of capital murder or other capital offense, the court shall conduct a…”

Jones v. State, 122 So. 3d 698 (Miss. 2013). · cites it 6× “Miss. Code Ann. § 47-7-3 (l)(h) (Rev.2011).”

Puckett v. Abels, 684 So. 2d 671 (Miss. 1996). · cites it 9× “On June 19, 1995, Appellees filed an amended complaint for declaratory judgment, citing Senate Bill 2175, Section *672 3, paragraph (1)(g), amending Miss. Code Ann. § 47-7-3 (Supp. 1993), as also being violative of the United States and Mississippi Constitutions.”

Parker v. State, 119 So. 3d 987 (Miss. 2013). · cites it 4× “” Miss. Code Ann. § 47-7-3 (l)(h) (Rev.2011).”

Parker v. State, 30 So. 3d 1222 (Miss. 2010). · cites it 3× “” Miss.Code Ann. § 47-7-3-(l)(g)(Rev.2004) (emphasis added).”

Jerrard T. Cook v. State of Mississippi, 242 So. 3d 865 (Miss. Ct. App. 2017). · cites it 3× “However, Cook and Barnes were unable to remove Durr's body from the car, so Cook sat on top of Durr's body and drove the car to an isolated location.”

Flowers v. State, 842 So. 2d 531 (Miss. 2003). · cites it 2× “" Miss. Code Ann. § 47-7-3 (1)(f) states "[n]o person shall be eligible for parole who is charged, tried, convicted and sentenced to life imprisonment under the provisions of Section 99-19-101.”

Forrest Thomas, III v. Mississippi Dep't of Corr., 248 So. 3d 786 (Miss. 2018). · cites it 3× “]” Miss. Code Ann. § 47-7-3 (1)(b) (Rev. 2015); Miss.”

Cotton v. Mississippi Parole Bd., 863 So. 2d 917 (Miss. 2003). · cites it 3× “The complaint claimed violations of the Eighth Amendment, Fourteenth Amendment, Miss.Code Ann. § 47-7-3, and Miss.Code Ann.”

Marshall Fisher v. Michael Drankus, 204 So. 3d 1232 (Miss. 2016). · cites it 2× “See Miss. Code Ann. § 47-7-3 (Rev. 2015) (providing that certain classes of offenders are parole eligible based on dates of conviction); Miss.”

Shanks v. State, 672 So. 2d 1207 (Miss. 1996). · cites it 5× “On February 18, 1993, Shanks filed a motion for post-conviction relief in the Circuit Court of Wayne County requesting that his guilty plea to armed robbery be vacated because the trial judge and his attorney failed to inform him that the first ten years of his armed robbery…”

Jeffery Wansley v. MS Dep't of Corr., e, 769 F.3d 309 (5th Cir. 2014). · cites it 2× “See Miss. Code Ann. §§ 47-7-3 , 47-7-17; Smith v.”

Show all 219 citing cases →

— Miss. Code Ann. § 47-7-3(1) — 13 cases

Rubenstein v. State, 941 So. 2d 735 (Miss. 2006). “" Miss.Code Ann. § 47-7-3 (1994). ś 252. Section 99-19-101(1), concerning the jury's role in capital murder sentencing proceedings, provides, in part: Upon conviction or adjudication of guilt of a defendant of capital murder or other capital offense, the court shall conduct a…”

Jones v. State, 122 So. 3d 698 (Miss. 2013). “Miss. Code Ann. § 47-7-3 (l)(h) (Rev.2011).”

Parker v. State, 119 So. 3d 987 (Miss. 2013). “” Miss. Code Ann. § 47-7-3 (l)(h) (Rev.2011).”

Flowers v. State, 842 So. 2d 531 (Miss. 2003). “" Miss. Code Ann. § 47-7-3 (1)(f) states "[n]o person shall be eligible for parole who is charged, tried, convicted and sentenced to life imprisonment under the provisions of Section 99-19-101.”

Mowdy v. State, 638 So. 2d 738 (Miss. 1994).

— Miss. Code Ann. § 47-7-3(1)(b) — 4 cases

Bell v. State, 797 So. 2d 945 (Miss. 2001).

Bigner v. State, 822 So. 2d 342 (Miss. Ct. App. 2002).

McGowan v. State, 742 So. 2d 1183 (Miss. Ct. App. 1999).

McKenzie v. State, 946 So. 2d 392 (Miss. Ct. App. 2006).

— Miss. Code Ann. § 47-7-3(1)(c) — 1 case

Keith Brown v. State of Mississippi (Miss. 1995).

— Miss. Code Ann. § 47-7-3(1)(d) — 1 case

Boler v. Bailey, 840 So. 2d 734 (Miss. Ct. App. 2003).

— Miss. Code Ann. § 47-7-3(1)(d)(I) — 1 case

Caviness v. State, 1 So. 3d 917 (Miss. Ct. App. 2008).

— Miss. Code Ann. § 47-7-3(1)(d)(i) — 4 cases

Donnelly v. State, 841 So. 2d 207 (Miss. Ct. App. 2003).

Salter v. State, 64 So. 3d 514 (Miss. Ct. App. 2010).

Wilson v. State, 735 So. 2d 290 (Miss. 1999).

Millsap v. State, 816 So. 2d 414 (Miss. Ct. App. 2002).

— Miss. Code Ann. § 47-7-3(1)(d)(ii) — 4 cases

Donnelly v. State, 841 So. 2d 207 (Miss. Ct. App. 2003).

Fairley v. State, 834 So. 2d 704 (Miss. 2003).

McCuiston v. State, 791 So. 2d 315 (Miss. Ct. App. 2001).

Sanders v. State, 835 So. 2d 45 (Miss. 2003).

— Miss. Code Ann. § 47-7-3(1)(e) — 3 cases

Hodges v. State, 912 So. 2d 730 (Miss. 2005).

Puckett v. State, 737 So. 2d 322 (Miss. 1999).

Natyyo Gray v. State of Mississippi, 202 So. 3d 243 (Miss. Ct. App. 2015).

— Miss. Code Ann. § 47-7-3(1)(e)(f) — 1 case

Glasper v. State, 914 So. 2d 708 (Miss. 2005).

— Miss. Code Ann. § 47-7-3(1)(f) — 8 cases

Brown v. State, 890 So. 2d 901 (Miss. 2004).

Branch v. State, 882 So. 2d 36 (Miss. 2004).

Horne v. State, 825 So. 2d 627 (Miss. 2002).

Byrom v. State, 927 So. 2d 709 (Miss. 2006).

— Miss. Code Ann. § 47-7-3(1)(g) — 6 cases

Parker v. State, 30 So. 3d 1222 (Miss. 2010). “” Miss.Code Ann. § 47-7-3-(l)(g)(Rev.2004) (emphasis added).”

Salter v. State, 64 So. 3d 514 (Miss. Ct. App. 2010).

Fannings v. State, 997 So. 2d 953 (Miss. Ct. App. 2008).

Wade v. State, 724 So. 2d 1007 (Miss. Ct. App. 1998).

Booker v. Bailey, 839 So. 2d 611 (Miss. Ct. App. 2003).

— Miss. Code Ann. § 47-7-3(1)(g)(i) — 1 case

Herron v. Durr (N.D. Miss. 2025).

— Miss. Code Ann. § 47-7-3(1)(h) — 1 case

Collier v. State, 112 So. 3d 1088 (Miss. Ct. App. 2013).

— Miss. Code Ann. § 47-7-3(2) — 1 case

Adams v. Gibbs, 988 So. 2d 395 (Miss. Ct. App. 2008).

— Miss. Code Ann. § 47-7-3(2)(1993) — 1 case

Keith Brown v. State of Mississippi (Miss. 1995).

— Miss. Code Ann. § 47-7-3(b) — 1 case

Genry v. State, 735 So. 2d 186 (Miss. 1999).

— Miss. Code Ann. § 47-7-3(d)(i) — 1 case

Edmond v. State, 906 So. 2d 798 (Miss. Ct. App. 2004).

— Miss. Code Ann. § 47-7-3(d)(ii) — 1 case

Robinson v. State, 4 So. 3d 361 (Miss. Ct. App. 2008).

— Miss. Code Ann. § 47-7-3(f) — 2 cases

Burns v. State, 813 So. 2d 668 (Miss. 2001).

Taylor v. State, 782 So. 2d 166 (Miss. Ct. App. 2000).

— Miss. Code Ann. § 47-7-3(g) — 2 cases

Jeffery Wansley v. MS Dep't of Corr., e, 769 F.3d 309 (5th Cir. 2014). “See Miss. Code Ann. §§ 47-7-3 , 47-7-17; Smith v.”

James Ray Sanders v. State of Mississippi, 179 So. 3d 1190 (Miss. Ct. App. 2015).

— Miss. Code Ann. § 47-7-3(l)(a) — 2 cases

Bell v. State, 207 So. 3d 705 (Miss. Ct. App. 2016).

Hardy v. State, 473 So. 2d 941 (Miss. 1985).

— Miss. Code Ann. § 47-7-3(l)(b) — 1 case

Forrest v. State, 57 So. 3d 36 (Miss. Ct. App. 2011).

— Miss. Code Ann. § 47-7-3(l)(c)(i) — 1 case

Ricky Moore v. State of Mississippi, 152 So. 3d 1208 (Miss. Ct. App. 2014).

— Miss. Code Ann. § 47-7-3(l)(d) — 1 case

Logan v. State, 661 So. 2d 1137 (Miss. 1995).

— Miss. Code Ann. § 47-7-3(l)(d)(ii) — 1 case

Adams v. State, 954 So. 2d 1051 (Miss. Ct. App. 2007).

— Miss. Code Ann. § 47-7-3(l)(f) — 1 case

Maye v. State, 49 So. 3d 1140 (Miss. Ct. App. 2009).

— Miss. Code Ann. § 47-7-3(l)(g) — 3 cases

Parker v. State, 30 So. 3d 1222 (Miss. 2010). “” Miss.Code Ann. § 47-7-3-(l)(g)(Rev.2004) (emphasis added).”

Armstrong Knight v. State of Mississippi, 192 So. 3d 360 (Miss. Ct. App. 2016).

Bolton v. State, 949 So. 2d 109 (Miss. Ct. App. 2007).

— Miss. Code Ann. § 47-7-3(l)(g)(iii) — 1 case

Michael Anthony Morgan v. State of Mississippi, 193 So. 3d 703 (Miss. Ct. App. 2016).

— Miss. Code Ann. § 47-7-3(l)(h) — 8 cases

Jones v. State, 122 So. 3d 698 (Miss. 2013). “Miss. Code Ann. § 47-7-3 (l)(h) (Rev.2011).”

Gregory A. Thinnes v. State of Mississippi, 196 So. 3d 204 (Miss. Ct. App. 2016).

Parker v. State, 119 So. 3d 987 (Miss. 2013). “” Miss. Code Ann. § 47-7-3 (l)(h) (Rev.2011).”

Brown v. State, 102 So. 3d 1087 (Miss. 2012).

Taylor v. State, 122 So. 3d 707 (Miss. 2013).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.