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Mississippi

Total Correctional Population: 65,300

Number on Parole or Probation: 37,700

Number in Local Jail or Prison: 28,700

Incarceration Rate per 100,000 residents: 960 

Incarceration Rate Rank: 3rd

Corrections Share of 2018 General Fund Expenditures: 5.6%

Sources: 

“Correctional Populations in the United States, 2016,” U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics. 

"2018 State Expenditure Report," National Association of State Budget Officers 

recently enacted reforms

2019

House Bill 1352: Expands diversion opportunities and drug courts, ends driver’s license suspensions for non-driving related offenses, reforms occupational licensing laws.

NEWS

July 5, 2019

“Despite recent criminal justice reform, new criminal court rules, and successful litigation…thousands of people continue to languish in Mississippi’s county and regional jails awaiting indictment and trial.”  

Students at the University of Mississippi collected jail census reports from sheriffs covering 5,700 people being held before trial and found half had been confined for more than 90 days, and 800 had been confined for more than a year. Under guidelines adopted by the Mississippi Supreme Court in 2017, “a defendant should be released pending trial whenever possible,” and indigent defendants may be released on “non-financial conditions that make it reasonably likely that the defendant will appear.” But Cliff Johnson, director of the MacArthur Justice Center, said “automatic money bail” has become accepted practice, leaving advocates to address violations case-by-case in the state’s 82 counties and 300 cities and towns.

July 5, 2019

“Left with few options but to arrest, disperse, or issue a citation, many officers experience frustration at what amounts to a revolving door between homelessness and the criminal justice system—a cycle that disproportionately affects people of color.”

The Council of State Governments and the U.S. Interagency Council on Homelessness released a report this week, “Strengthening Partnerships Between Law Enforcement and Homelessness Service Systems.” Their recommendations came out of a 2018 convening that brought together teams from 10 cities, including Tupelo, Mississippi; Philadelphia, Pennsylvania; and Portland, Oregon. Recommendations include developing shared goals and involving critical stakeholders, reviewing and aligning local laws with the goals of the partnership, and equipping law enforcement and homelessness services with training and protocols.

June 28, 2019

“The choice between civil asset forfeiture and fighting crime is a false dichotomy.”

Writing in the Clarion Ledger, Brett Kittredge of the Mississippi Center for Public Policy and Lee McGrath of the Institute for Justice call for an end to civil asset forfeiture. “Mississippi law enforcement isn’t necessarily busting drug kingpins,” they argue, pointing to a review of the first 18 months of the state’s civil forfeiture database. Fewer than 10 seizures had a value of more than $60,000, and the vast majority were for $5,000 or less. Dismissing the argument that civil forfeiture is needed to fight crime, the authors say North Carolina, New Mexico and Nebraska, which have abolished civil forfeiture, haven’t seen spikes in crime or become “havens for drug dealers.”

June 14, 2019

“I’m not trying to justify anything. But there is more than one way to pay for a crime, and I have overpaid for mine.”

Legislators in Maine are debating a bill that would allow courts to reduce juvenile restitution based on financial circumstances or allow some of the debt to be paid off with community service. While many states have moved to reduce or eliminate juvenile fines and fees, only six states (Arkansas, Maryland, Missouri, New York, North Carolina, Wisconsin) and the District of Columbia place a limit on juvenile restitution obligations. These debts are not consistently collected—Connecticut recovered 87% of the amount owed, while Mississippi recovered only 28%. 

April 5, 2019

“HB 1352 is an important bill that will help remove barriers to success for thousands of Mississippians.”

Mississippi’s Criminal Justice Reform Act, signed by Governor Phil Bryant this week, includes wide-ranging reforms to the state’s justice system. The bill would expand Mississippi’s drug courts to a system of intervention courts that include mental health courts, veterans’ courts, and other specializations; allow people charged with misdemeanors to avoid pretrial incarceration; end driver’s license suspensions for non-driving related offenses; expand expungement opportunities; and allow individuals with drug-related convictions to receive workforce training and nutrition assistance, among other changes.

March 22, 2019

“Data from our study can be used to develop national standards of care for incarcerated pregnant women ...”

A survey conducted by the Johns Hopkins University School of Medicine found that nearly 1,396 pregnant women were admitted to prisons in 22 state prisons and the federal prison system over a 12-month period from 2016 to 2017, nearly 4% of all new female admissions. Rates of pregnancy prevalence for women who were incarcerated varied widely by state—from 4.4% in Vermont and 3.8% in Rhode Island to 0.4% in Mississippi and 0.2% in Tennessee. There were 753 live births, 46 miscarriages, and no maternal deaths. The survey is believed to be the first systematic assessment of pregnancy outcomes for women who are incarcerated.

January 11, 2019

“But what we’re seeing in these situations is that not only are the poor in the United States treated differently than people with means, but that the courts are actually aggravating and perpetuating poverty.”

Corinth, Mississippi is the subject of a New York Times investigation into the cycle of debt and incarceration, and the ways fines and fees are used to finance the justice system. Prior to a settlement last fall, defendants who were unable to pay fines and fees could reduce their debt by $25 for each day they spent in the Alcorn County Jail. The settlement grants additional time for people to pay fines and fees, and does not allow imprisonment for people who are unable to pay. The problem is not limited to Mississippi, or to criminal infractions—Oregon courts have issued significant fines to parents whose children are truant, and Louisiana’s pretrial diversion laws allow people with traffic offenses to pay quickly and avoid a record, while those who cannot pay may end up with additional court fees.

December 14, 2018

“There is no limit in Mississippi on how long a person can be held prior to indictment, so detainees can wait up to a year or more before even being formally charged with a crime.”

A new survey from the MacArthur Justice Center at the University of Mississippi showed almost half of those jailed had a stay of 90 or more consecutive days. The state’s long pretrial detentions are the result of myriad factors, including delays in appointing public defenders, slow evidence processing, infrequent court meetings in rural areas, and high levels of poverty. According to the most recent data from the U.S. Bureau of Justice Statistics, Mississippi had the sixth-longest average pretrial stay in the country, with defendants detained for an average of 40 days.

October 5, 2018

“We are glad to see that the Mississippi Bureau of Narcotics is not only following the law, but is taking corrective action in cases where administrative forfeiture procedures were incorrectly used.”

The Mississippi Bureau of Narcotics has begun sending notifications allowing retrieval of stolen property to individuals whose assets were seized improperly. New rules governing asset forfeiture went into effect on July 1 of this year, but representatives of the Mississippi Justice Institute noted that MBN seizures had continued after the effective date. Reforms passed by the state legislature in 2017 require agencies to obtain a warrant within 72 hours of seizing property, and to post all forfeitures on a publicly accessible website. Prior to the reforms, there was no requirement that asset forfeiture be tracked or reported, and an investigation by Reason found forfeitures of cash, cars, electronic equipment, power tools and one comic book collection.

June 15, 2018

“…The widely heralded ‘era of reform’ seems never to have arrived in some jurisdictions, where growth has continued unchecked.”

Analysis from the Vera Institute showed that overall prison admissions have declined 24% since 2006, but the decline was concentrated in 10 states (California, Connecticut, Illinois, Indiana, Mississippi, New Hampshire, New Jersey, Ohio, South Carolina and Vermont), with California accounting for 37% of the total national decline. The report includes state-by-state analysis of incarceration, including pretrial jail population, sentenced jail population, and prison population and admissions.