J.Belk - February 28, 2024 - Commission of Misdemeanor While on Parole

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 February 28, 2024 Jeffrey B. Belk, Chairman Parole Board, State of Mississippi 660 North Street, Suite 100A Jackson, Mississippi 39202 Re: Commission of Misdemeanor While on Parole Dear Chairman Belk: The Office of the Attorney General has received your request for an official opinion. Question Presented Is the commission of a new crime, specifically a misdemeanor, considered a technical violation for the purposes of parole revocation? Brief Response Mississippi Code Annotated Section 47-7-2(q) defines a “technical violation” as “an act or omission by the probationer that violates a condition or conditions of probation placed on the probationer by the court or the probation officer.”1 Whether the commission of a new misdemeanor crime fits within this definition is dependent upon the parolee’s conditions of parole and is a determination of fact to be made by the parole board. Applicable Law and Discussion Section 47-7-27(6)(a) provides: The board shall hold a hearing for any parolee who is detained as a result of a warrant or a violation report within twenty-one (21) days of the parolee’s admission to detention. The board may, in its discretion, terminate the parole or modify the 1 Chapter 7 of Title 47 of the Code is entitled “Probation and Parole,” and the definitions provided in Section 47-7-2 apply to the chapter as a whole. See also Walker v. State, 230 So. 3d 703 (Miss. 2017) (referencing definition set forth in Section 47-7-2(q) in relation to parole revocation). Jeffrey B. Belk, Chairman February 28, 2024 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 terms and conditions thereof. If the board revokes parole for one or more technical violations the board shall impose a period of imprisonment to be served in a technical violation center operated by the department not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation. For the third revocation, the board may impose a period of imprisonment to be served in a technical violation center for up to one hundred and eighty (180) days or the board may impose the remainder of the suspended portion of the sentence. For the fourth and any subsequent revocation, the board may impose up to the remainder of the suspended portion of the sentence. The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner. (emphasis added). You ask if the commission of a new crime, specifically a misdemeanor, is considered a technical violation for the purposes of parole revocation. Section 47-7-2(q) defines a “technical violation” as “an act or omission by the probationer that violates a condition or conditions of probation placed on the probationer by the court or the probation officer.” Whether the commission of a new misdemeanor crime fits within this definition is dependent upon the parolee’s conditions of parole and is a determination of fact to be made by the parole board. If this office may be of any further assistance to you, please do not hesitate to contact us. Sincerely, LYNN FITCH, ATTORNEY GENERAL By: /s/ Maggie Kate Bobo Maggie Kate Bobo Special Assistant Attorney General