Mississippi Code
Miss. Code Ann. § 47-7-34 (2026)
Postrelease supervision program
✓ current as of July 2026
- (1) When a court imposes a sentence upon a conviction for any felony committed after June 30, 1995, the court, in addition to any other punishment imposed if the other punishment includes a term of incarceration in a state or local correctional facility, may impose a term of post-release supervision. However, the total number of years of incarceration plus the total number of years of post-release supervision shall not exceed the maximum sentence authorized to be imposed by law for the felony committed. The defendant shall be placed under post-release supervision upon release from the term of incarceration. The period of supervision shall be established by the court.
- (2) The period of post-release supervision shall be conducted in the same manner as a like period of supervised probation, including a requirement that the defendant shall abide by any terms and conditions as the court may establish. Failure to successfully abide by the terms and conditions shall be grounds to terminate the period of post-release supervision and to recommit the defendant to the correctional facility from which he was previously released. Procedures for termination and recommitment shall be conducted in the same manner as procedures for the revocation of probation and imposition of a suspended sentence as required pursuant to Section 47-7-37.
- (3) Post-release supervision programs shall be operated through the probation and parole unit of the Division of Community Corrections of the department. The maximum amount of time that the Mississippi Department of Corrections may supervise an offender on the post-release supervision program is five (5) years.
Laws, 1995, ch. 596, § 9; Laws, 2000, ch. 622, § 4; Laws, 2002, ch. 624, § 6, eff. 7/1/2002.
Amended by Laws, 2014, ch. 457, HB 585, 57, eff. 7/1/2014.
Notes of Decisions
Cited in 78
cases (6 in the last 5 years), 1998–2024 · leading case: Johnson v. State, 925 So. 2d 86 (Miss. 2006).
Johnson v. State, 925 So. 2d 86 (Miss. 2006). “Miss.Code Ann. § 47-7-34: ¶ 25. With the passage of the legislation that created the Post-Release Supervision Program, the legislature expressly restored the trial court's sentencing authority.”
Miller v. State, 875 So. 2d 194 (Miss. 2004). “§ 47-7-33 provides for supervised probation, while Miss.Code Ann. § 47-7-34 provides for post-release supervision.”
Ivory v. State, 999 So. 2d 420 (Miss. Ct. App. 2009). “Miss. Code Ann. §§ 47-7-34 , -37. Logically, a reclassification decision by the MDOC should not cause a prospective revocation of an offender's court-imposed sentence to post-release supervision.”
Carter v. State, 754 So. 2d 1207 (Miss. 2000). “1999)(5 year maximum probation) and that Miss.Code Ann. § 47-7-34 (Supp. 1999) was not applicable, we vacated the sentence and remanded the matter for resentencing.”
Hunt v. State, 874 So. 2d 448 (Miss. Ct. App. 2004). “Miss.Code Ann. § 47-7-34 (Supp.2003). ¶ 21.”
Sobrado v. State, 168 So. 3d 1114 (Miss. Ct. App. 2014). “See Miss.Code Ann. § 47-7-34 (Rev.2011) (defendant shall abide by the terms and conditions as the court may establish).”
Harden v. State, 59 So. 3d 594 (Miss. 2011). “See Miss.Code Ann. § 47-7-34 (Rev.2004). Harden appeals, raising five issues, including: (1) whether the trial court erred by denying his motion for a continuance to obtain a mental evaluation; (2) whether trial counsel was ineffective for failing to timely request a mental…”
Boddie v. State, 875 So. 2d 180 (Miss. 2004). “NOTES [1] Pursuant to Miss.Code Ann. § 47-7-34, the "maximum amount of time that the Mississippi Department of Corrections may supervise an offender on the post-release supervision program is five (5) years.”
Atwood v. State, 183 So. 3d 843 (Miss. 2016). “2000) (“Miss.Code Ann. § 47-7-34 created the post-release supervision program [and] is a legislative creation — ”).”
Johnson v. State, 802 So. 2d 110 (Miss. Ct. App. 2001). “Additionally, Johnson argues that pursuant to the language of Miss.Code Ann. § 47-7-34 (Rev. 2000) he is entitled to have the fifteen months that he served on post-release supervision deducted from the four year suspended sentence that was reinstated by the trial judge.”
Lott v. State, 115 So. 3d 903 (Miss. Ct. App. 2013). “Miss.Code Ann. § 47-7-34(1) (Rev.2011). “The period of post-release supervision shall be conducted in the same manner as a like period of supervised probation, including a requirement that the defendant shall abide by any terms and conditions as the court may establish.”
Robinson v. State, 836 So. 2d 747 (Miss. 2002). “[10] One final observationIt is interesting to note that in 1995, the legislature enacted a law, codified as Miss.Code Ann. § 47-7-34, which allows the sentencing judge to impose a period of incarceration followed by "post-release supervision", which involves the defendant's…”
— Miss. Code Ann. § 47-7-34(1) — 15 cases
Ivory v. State, 999 So. 2d 420 (Miss. Ct. App. 2009). “Miss. Code Ann. §§ 47-7-34 , -37. Logically, a reclassification decision by the MDOC should not cause a prospective revocation of an offender's court-imposed sentence to post-release supervision.”
Hunt v. State, 874 So. 2d 448 (Miss. Ct. App. 2004). “Miss.Code Ann. § 47-7-34 (Supp.2003). ¶ 21.”
Lott v. State, 115 So. 3d 903 (Miss. Ct. App. 2013). “Miss.Code Ann. § 47-7-34(1) (Rev.2011). “The period of post-release supervision shall be conducted in the same manner as a like period of supervised probation, including a requirement that the defendant shall abide by any terms and conditions as the court may establish.”
Sobrado v. State, 168 So. 3d 1114 (Miss. Ct. App. 2014). “See Miss.Code Ann. § 47-7-34 (Rev.2011) (defendant shall abide by the terms and conditions as the court may establish).”
Allen v. State, 62 So. 3d 450 (Miss. Ct. App. 2011).
— Miss. Code Ann. § 47-7-34(2) — 13 cases
Ivory v. State, 999 So. 2d 420 (Miss. Ct. App. 2009). “Miss. Code Ann. §§ 47-7-34 , -37. Logically, a reclassification decision by the MDOC should not cause a prospective revocation of an offender's court-imposed sentence to post-release supervision.”
Carter v. State, 754 So. 2d 1207 (Miss. 2000). “1999)(5 year maximum probation) and that Miss.Code Ann. § 47-7-34 (Supp. 1999) was not applicable, we vacated the sentence and remanded the matter for resentencing.”
Williams v. State, 4 So. 3d 388 (Miss. Ct. App. 2009).
Jefferson v. State, 958 So. 2d 1276 (Miss. Ct. App. 2007).
Sobrado v. State, 168 So. 3d 1114 (Miss. Ct. App. 2014). “See Miss.Code Ann. § 47-7-34 (Rev.2011) (defendant shall abide by the terms and conditions as the court may establish).”
— Miss. Code Ann. § 47-7-34(3) — 3 cases
Johnson v. State, 925 So. 2d 86 (Miss. 2006). “Miss.Code Ann. § 47-7-34: ¶ 25. With the passage of the legislation that created the Post-Release Supervision Program, the legislature expressly restored the trial court's sentencing authority.”
Hunt v. State, 874 So. 2d 448 (Miss. Ct. App. 2004). “Miss.Code Ann. § 47-7-34 (Supp.2003). ¶ 21.”
Johnson v. State, 924 So. 2d 527 (Miss. Ct. App. 2004).
— Miss. Code Ann. § 47-7-34(b) — 1 case
Davis v. State, 141 So. 3d 948 (Miss. Ct. App. 2014).
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