Bill

Bill > SB2083


MS SB2083

MS SB2083
Criminal sentencing review; authorize and establish procedure for.


summary

Introduced
01/08/2026
In Committee
01/08/2026
Crossed Over
Passed
Dead
02/03/2026

Introduced Session

2026 Regular Session

Bill Summary

An Act To Authorize A Court In A Criminal Matter To Set A Date Of Sentencing For The Review Of The Criminal Sentence; To Authorize A Court In Which Criminal Sentencing Was Entered Upon The Court's Own Motion Or Upon A Motion Of An Eligible Defendant To Reduce Or Modify The Sentence On The Ground That Such Sentence Is Greater Than Necessary To Achieve The Purposes Of Sentencing; To Provide Eligibility Requirements For A Criminal Defendant; To Provide That A Defendant Who Is Serving The Minimum Sentence Permitted Under The Criminal Law Shall Not Be Eligible To File A Motion Under This Section; To Provide That A Motion Under This Section Shall Be Referred For Determination To The Judge Who Imposed The Original Sentence Upon The Defendant Or To The Court That Imposed The Sentence If The Judge Is No Longer A Judge Of A Competent Jurisdiction; To Provide A Procedure For The Judge Reviewing The Motion; To Authorize A Renewed Motion After A Certain Amount Of Time Upon Denial Of The Motion; To Provide A Right Of Appeal; To Prohibit A Defendant From Agreeing To Waive His Or Her Right To Relief Under This Section As A Component Of A Plea Agreement; To Amend Section 99-39-7, Mississippi Code Of 1972, To Conform; And For Related Purposes.

AI Summary

This bill establishes a process for eligible defendants in Mississippi to request a review and potential reduction or modification of their criminal sentences if they are deemed greater than necessary to achieve the purposes of sentencing, which include rehabilitation, punishment, deterrence, and public safety. To be eligible, a defendant must have been convicted of a felony, be in the custody of the Department of Corrections, have at least two years remaining until conditional release, and have served a significant portion of their sentence (at least one-third of the minimum or eight years for consecutive sentences, whichever is less), with a specific provision that those serving the minimum allowed sentence are not eligible. The review will be handled by the original sentencing judge or another judge if the original judge is unavailable, and the court will consider factors like the defendant's rehabilitation efforts, age, personal circumstances, medical condition, and institutional record. Defendants can file a renewed motion three years after a denial, and they have a right to appeal the decision. Importantly, defendants cannot waive their right to seek relief under this bill as part of a plea agreement, as such waivers would be void. The bill also amends existing law (Section 99-39-7, Mississippi Code of 1972) to prevent defendants from filing a motion under the post-conviction relief process (Title 99, Chapter 39, Article 1) while they have a pending motion under this new sentencing review procedure.

Committee Categories

Justice

Sponsors (1)

Last Action

Died In Committee (on 02/03/2026)

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