Mississippi Administrative Code
Title 29 - Prisons And Parole
Part 201 - Mississippi State Parole Board Policies And Procedures
Chapter 4 - Executive Clemency
Rule 29-201-4.1 - Executive Clemency
Current through September 24, 2024
The Mississippi Constitution provides the Governor with plenary power to grant clemency in all state criminal cases except those involving treason or impeachment. This power is unencroachable by the legislative or judicial branches of government. Under the Governor's clemency power, he has the authority to grant pardons, restore civil rights, grant indefinite or temporary suspensions and commute sentences after, upon his request, an investigation by the Board has been conducted and submitted to the Governor for his perusal.
A. PARDONS: A pardon relieves a convicted felon of all consequences of his or her conviction(s). In other words, a pardon wipes a conviction record clean including giving the individual the right to hold public office, to vote, hold certain licenses, carry firearms, obtain a liquor license and serve in the armed forces.
B. RESTORATION OF CIVIL RIGHTS: The restoration of civil rights allows convicted felons to vote and hold certain licenses. It does not allow a person to run for public office, obtain a liquor license, serve in the armed forces, or possess firearms.
C. COMMUTATION OF SENTENCES/EARLY RELEASE: This act by the Governor allows reduction of prison time or some other aspect of a sentence; however, it is not considered a pardon or a restoration of civil rights.
D. SUSPENSION: The Governor has the authority to grant temporary or indefinite stays in the execution of a sentence.
Statutes Pertaining to Parole
Mississippi Code of 1972 Annotated
25-41-3 Definitions (Open Meetings)
47-5-6 Establishment of Corrections and Criminal Justice Oversight Task Force
47-5-157 Discharge procedure
47-5-173 Personal leaves
47-5-177 Notice of release; parties required to be notified; additional notations for specified offenses
47-5-703 Definitions (Prison Overcrowding Emergency Powers Act)
47-5-705 Declaring overcrowding state of emergency
47-5-707 Notice of 95 percent capacity
47-5-709 Reporting 30-day duration of problem
47-5-711 Governor's role upon receiving report
47-5-713 Conditional advancement of parole dates
47-5-719 Governor's actions after receipt of 60-day report
47-5-723 Revocation of conditional advancement of parole eligibility dates
47-5-725 Conditions of parole advancement
47-5-727 Advancement independent of other adjustments
47-7-1 Short title (Probation and Parole Law)
47-7-2 Definitions (Probation and Parole Law)
47-7-3 Parole eligibility; earned time; tentative hearing date; program priority
47-7-3.1 Case plan for parole eligible inmates
47-7-3.2 Release of convicted person
47-7-4 Conditional medical release; nonviolent terminally ill offenders
47-7-5 State Parole Board generally
47-7-6 Collection of data by Parole Board
47-7-9 Division of Community Corrections; duties of personnel
47-7-11 Salaries and expenses
47-7-13 Operation of parole board
47-7-15 Further provisions concerning board's operations; seal; records
47-7-17 Consideration; notice; factors considered; rules
47-7-18 Hearing for release
47-7-19 Cooperation of correctional system officials and court officers with board
47-7-21 Privileged information
47-7-23 Rulemaking authority
47-7-25 Supplies provided parole on release
47-7-27 Procedure for parole revocation
47-7-29 Effect of felony on parolee or earned-release prisoner sentence
47-7-33.1 Discharge plan for released inmate
47-7-34 Post-release supervision; imposition by court; restrictions; termination
47-7-35 Permissible conditions of probation or post-release supervision; Sex Offender Registry check
47-7-36 Parole and probation meetings
47-7-37 Probation and post-release supervision violations; release with or without bail; procedure; duration
99-19-81 Habitual criminals; maximum term
99-19-83 Habitual criminals; life imprisonments
99-19-107 Life sentence imposed if death penalty unconstitutional
99-37-15 Resumption of payments
Mississippi Constitution § 124; Miss. Code Ann. § 47-7-5(3)
