Mississippi Code
Miss. Code Ann. § 47-7-5 (2026)
[Repealed effective 7/1/2027] State Parole Board created; membership; requirements; vacancies; expenses; immunity; budget; responsibilities to offenders; electronic monitoring program; central registry of paroled inmates; minimum vote required to grant parole to inmate convicted of capital murder or sex crime
✓ current as of July 2026
- (1) Effective January 1, 2028, the State Parole Board, created under former Section 47-7-5, is hereby created, continued and reconstituted and shall be composed of five (5) members, one (1) appointed from each Mississippi Supreme Court District and two (2) from the state at large. The Governor shall appoint the members to serve at the will and pleasure of the Governor, with the advice and consent of the Senate, not less than every four (4) years, provided that three (3) members shall be appointed in 2028 to a term ending December 31, 2031, and two (2) members shall be appointed in 2030 to a term ending December 31, 2033. Appointments made at the beginning of the four-year cycle shall be made to fill any member's term which actually expires that year and any member's term which expires next until the majority of the membership of the board or commission is reached. Appointments made at the beginning of the third year of the four-year cycle shall be made for the remainder of the membership positions irrespective of the time of their prior appointment. Any question regarding the order of appointments shall be determined by the Secretary of State in accordance with the specific statute. All appointment procedures, vacancy provisions, interim appointment provisions and removal provisions specifically provided for in Section 7-1-35, Mississippi Code of 1972, shall be fully applicable to appointments to the State Parole Board. Any vacancy shall be filled by the Governor, with the advice and consent of the Senate. The Governor shall appoint a chairman of the board.
- (2) Any person who is appointed to serve on the board shall possess at least a bachelor's degree or a high school diploma and four (4) years' work experience. Each member shall devote his full time to the duties of his office and shall not engage in any other business or profession or hold any other public office. A member shall receive compensation or per diem in addition to his or her salary. Each member shall keep such hours and workdays as required of full-time state employees under Section 25-1-98. Individuals shall be appointed to serve on the board without reference to their political affiliations. Each board member, including the chairman, may be reimbursed for actual and necessary expenses as authorized by Section 25-3-41. Each member of the board shall complete annual training developed based on guidance from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association. Each first-time appointee of the board shall, within sixty (60) days of appointment, or as soon as practical, complete training for first-time Parole Board members developed in consideration of information from the National Institute of Corrections, the Association of Paroling Authorities International, or the American Probation and Parole Association.
- (3) The board shall have exclusive responsibility for the granting of parole as provided by Sections 47-7-3 and 47-7-17 and shall have exclusive authority for revocation of the same. The board shall have exclusive responsibility for investigating clemency recommendations upon request of the Governor.
- (4) The board, its members and staff, shall be immune from civil liability for any official acts taken in good faith and in exercise of the board's legitimate governmental authority.
- (5) The budget of the board shall be funded through a separate line item within the general appropriation bill for the support and maintenance of the department. Employees of the department which are employed by or assigned to the board shall work under the guidance and supervision of the board. There shall be an executive secretary to the board who shall be responsible for all administrative and general accounting duties related to the board. The executive secretary shall keep and preserve all records and papers pertaining to the board.
- (6) The board shall have no authority or responsibility for supervision of offenders granted a release for any reason, including, but not limited to, probation, parole or executive clemency or other offenders requiring the same through interstate compact agreements. The supervision shall be provided exclusively by the staff of the Division of Community Corrections of the department.
- (7)
- (a) The Parole Board is authorized to select and place offenders in an electronic monitoring program under the conditions and criteria imposed by the Parole Board. The conditions, restrictions and requirements of Section 47-7-17 and Sections 47-5-1001 through 47-5-1015 shall apply to the Parole Board and any offender placed in an electronic monitoring program by the Parole Board.
- (b) Any offender placed in an electronic monitoring program under this subsection shall pay the program fee provided in Section 47-5-1013. The program fees shall be deposited in the special fund created in Section 47-5-1007.
- (c) The department shall have absolute immunity from liability for any injury resulting from a determination by the Parole Board that an offender be placed in an electronic monitoring program.
- (8)
- (a) The Parole Board shall maintain a central registry of paroled inmates. The Parole Board shall place the following information on the registry: name, address, photograph, crime for which paroled, the date of the end of parole or flat-time date and other information deemed necessary. The Parole Board shall immediately remove information on a parolee at the end of his parole or flat-time date.
- (b) When a person is placed on parole, the Parole Board shall inform the parolee of the duty to report to the parole officer any change in address ten (10) days before changing address.
- (c) The Parole Board shall utilize an Internet website or other electronic means to release or publish the information.
- (d) Records maintained on the registry shall be open to law enforcement agencies and the public and shall be available no later than July 1, 2003.
- (9) An affirmative vote of at least four (4) members of the Parole Board shall be required to grant parole to an inmate convicted of capital murder or a sex crime.
- (10) This section shall stand repealed on July 1, 2027.
Codes, 1942, § 4004-01; Laws, 1942, ch. 283; Laws, 1944, ch. 334, § 3; Laws, 1950, ch. 524, §§ 2, 3; Laws, 1956, ch. 262, § 2; Laws, 1960, ch. 272; Laws, 1968, ch. 362, § 1; Laws, 1976, ch. 440, § 80; Laws, 1978, ch. 520, § 13; Laws, 1980, ch. 560, § 21; reenacted, Laws, 1981, ch. 465, § 93; reenacted, Laws, 1984, ch. 471, § 103; reenacted, Laws, 1986, ch. 413, § 103; Laws, 1989, 1st Ex Sess, ch. 3, § 1; Laws, 1992, ch. 346, § 1; Laws, 1993, ch. 575, § 1; reenacted and amended, Laws, 1994 Ex Sess, ch. 25, § 1; amended, Laws, 1995, ch. 596, § 1; Laws, 1997, ch. 602, § 2; Laws, 2000, ch. 612, § 1; Laws, 2002, ch. 560, § 1; Laws, 2004, ch. 569, § 2; Laws, 2005, ch. 485, § 1; Laws, 2006, ch. 570, § 1; Laws, 2007, ch. 597, § 1; Laws, 2009, ch. 513, § 1; Laws, 2012, ch. 320, § 1, eff. 4/5/2012.
Amended by Laws, 2024, ch. 497, SB 2799,§ 18, eff. 7/1/2024.
Amended by Laws, 2024, ch. 465, SB 2448,§ 3, eff. 7/1/2024.
Amended by Laws, 2022, ch. 359, HB 683,§ 1, eff. 7/1/2022.
Amended by Laws, 2021, ch. 479, SB 2795,§ 5, eff. 7/1/2021.
Amended by Laws, 2021, ch. 430, HB 928,§ 3, eff. 7/1/2021.
Amended by Laws, 2018, ch. 410, HB 892,§ 1, eff. 7/1/2018.
Amended by Laws, 2018, ch. 326, SB 2654,§ 1, eff. 7/1/2018.
Amended by Laws, 2014, ch. 457, HB 585, 52, eff. 7/1/2014.
Notes of Decisions
Cited in 23
cases (1 in the last 5 years), 1990–2025 · leading case: Cotton v. Mississippi Parole Bd., 863 So. 2d 917 (Miss. 2003).
Cotton v. Mississippi Parole Bd., 863 So. 2d 917 (Miss. 2003). “The Court found that the Parole Board has exclusive authority to grant or deny parole under Miss.Code Ann. § 47-7-5 with absolute discretion.”
Jones v. State, 122 So. 3d 698 (Miss. 2013). “at 598 (citing Miss.Code Ann. § 47-7-5 (Supp.1998)). The opinion noted that, while "certain statutes specify that a trial court may or must impose a sentence 'without the possibility of parole’ .”
Brown v. State, 731 So. 2d 595 (Miss. 1999). “Miss.Code Ann. § 47-7-5 (Supp. 1998). Generally, a trial court has no authority to remove or a revoke a prisoner's parole eligibility.”
Mangum v. Mississippi Parole Bd., 76 So. 3d 762 (Miss. Ct. App. 2011). “1996)); see Miss.Code Ann. § 47-7-5(3) (Supp.2009). Thus, an inmate has no absolute entitlement to parole.”
Lanier v. State, 635 So. 2d 813 (Miss. 1994). “But it is the executive branch, via the parole board, that implements the legislature's parole policies and determines the actual time served by those convicted of crimes.”
Sykes v. Grantham, 567 So. 2d 200 (Miss. 1990). “PART I HAWKINS, Presiding Justice, for the Court: FACTS Pursuant to Miss. Code Ann. § 47-7-5 (1984 Supp.), Ch.”
Carter v. State, 754 So. 2d 1207 (Miss. 2000). “See Miss.Code Ann. § 47-7-5(3) (Supp. 1990). Miss.”
In re Hooker, 87 So. 3d 401 (Miss. 2012). “Miss.Code Ann. § 47-7-5(1) (Rev. 2011). *431 ¶ 103.”
Mitchell v. State, 561 So. 2d 1037 (Miss. 1990). “Miss. Code Ann. § 47-7-5 (1972), as Amended.”
Brown v. State, 90 So. 3d 645 (Miss. Ct. App. 2012). “” Miss.Code Ann. § 47-7-5 (Rev. 2011). Similarly, an individual on probation is not “in custody” of MDOC but remains subject to the jurisdiction of the circuit court.”
Rochell v. State, 36 So. 3d 479 (Miss. Ct. App. 2010). “1996)); see Miss.Code Ann. § 47-7-5(3) (Supp.2009). Thus, an inmate has no absolute entitlement to parole.”
Haynes v. State, 811 So. 2d 283 (Miss. Ct. App. 2001). “The earning of good time can lead to early release on parole.”
— Miss. Code Ann. § 47-7-5(1) — 1 case
In re Hooker, 87 So. 3d 401 (Miss. 2012). “Miss.Code Ann. § 47-7-5(1) (Rev. 2011). *431 ¶ 103.”
— Miss. Code Ann. § 47-7-5(3) — 6 cases
Jones v. State, 122 So. 3d 698 (Miss. 2013). “at 598 (citing Miss.Code Ann. § 47-7-5 (Supp.1998)). The opinion noted that, while "certain statutes specify that a trial court may or must impose a sentence 'without the possibility of parole’ .”
Mangum v. Mississippi Parole Bd., 76 So. 3d 762 (Miss. Ct. App. 2011). “1996)); see Miss.Code Ann. § 47-7-5(3) (Supp.2009). Thus, an inmate has no absolute entitlement to parole.”
Cotton v. Mississippi Parole Bd., 863 So. 2d 917 (Miss. 2003). “The Court found that the Parole Board has exclusive authority to grant or deny parole under Miss.Code Ann. § 47-7-5 with absolute discretion.”
Carter v. State, 754 So. 2d 1207 (Miss. 2000). “See Miss.Code Ann. § 47-7-5(3) (Supp. 1990). Miss.”
Rochell v. State, 36 So. 3d 479 (Miss. Ct. App. 2010). “1996)); see Miss.Code Ann. § 47-7-5(3) (Supp.2009). Thus, an inmate has no absolute entitlement to parole.”
— Miss. Code Ann. § 47-7-5(7) — 1 case
Pickle v. Mississippi State Parole Bd., 850 So. 2d 195 (Miss. Ct. App. 2003).
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