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Bill’s mandatory minimum sentences would worsen state’s soaring prison population, criminal justice advocates say

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Bill’s mandatory minimum sentences would worsen state’s soaring prison population, criminal justice advocates say

Legislation awaiting Gov. Tate Reeves’ signature would set mandatory minimum sentences for carjacking and fleeing law enforcement – a move that criminal justice advocates say will increase the prison population and not help public safety.

FWD.us State Director Alesha Judkins said mandatory minimums add to the state’s growing prison population and limit judges from using discretion in sentencing.

“Mississippi is not in the position to handle a situation where we will be sending more people to prison for longer,” she said.

The state has the highest imprisonment rate in the nation and its rate is higher than some countries. Mississippi’s prison population has hovered above 19,000 for several months – numbers the state hasn’t seen since before the COVID-19 pandemic, according to data from the Department of Corrections. 

Senate Bill 2101, proposed by Joey Fillingane, R-Sumrall, and passed by both chambers, would increase the current mandatory minimum prison sentence for carjacking from three to five years and the sentence for carjackings that result in serious injury or death from seven to 10 years. 

The bill also sets minimum sentences for when people fail to stop and flee from law enforcement: a 10-year minimum for fleeing and operating a vehicle in a reckless manner, a five-year minimum for fleeing that results in injury and a seven-year minimum for fleeing that results in death.

Even without mandatory minimums, Mississippi is running out of space in its prisons, Judkins said. The entire prison system has a capacity of about 22,000, according to Department of Corrections records.

In January, Lt. Gov. Delbert Hosemann, announced three bills including SB 2101 that would set or raise minimum sentences. The other bills, which proposed minimum sentences for motor vehicle theft and receiving stolen property, did not pass.

Hosemann spokesperson Brittney Davis said the legislation was in response to incidents of violent crime.

“The legislation is intended to act as a deterrent by mandating a certain sentence or raising penalties,” she said in a Thursday statement. “While we are invested in issues like education, rehabilitation, and mental health, which prevent crime, Lt. Governor Hosemann also believes those who commit violent crimes should serve time.”

In a Jan. 5 interview with Supertalk, Hosemann said information he receives from the Administrative Office of Courts indicates that judges are suspending sentences for people convicted of carjacking, meaning the convicted would serve less than the mandatory minimum prison sentence.

Fillingane echoed this point about suspended sentences during a Jan. 26 Judiciary B Committee hearing. The senator said sentence suspensions are especially prevalent in the Jackson metro area.

“It’s basically a warning and I think the thought being this is such a violent type situation and it’s become so prevalent in this area that we don’t want judges to completely suspend the sentence,” he said.

Language in the bill specifies that minimum sentences cannot be reduced or suspended and that defendants would not be eligible for electronic monitoring or house arrest.

During committee meetings, Fillingane was asked about the basis and supporting data to justify the need for the bill. Sen. Angela Turner-Ford, D-West Point, asked how increasing the current carjacking minimum sentence would change judges’ ability to suspend sentences and deter crime. Fillingane said he didn’t have the answer.

“That’s the explanation I’ve been given,” he said.

Fillingane did not respond to a request for comment.

In January as the committee hearings were going on, State Public Defender Andre De Gruy fact checked claims Fillingane made in committee meetings by reviewing carjacking convictions for Hinds County.

He looked through four years worth of reports and found five carjacking convictions. From there, he looked up the cases in the Mississippi Electronic Courts system and found two cases with suspended sentences.

Half of all counties in the state aren’t on the electronic court system, so the ability to access case information for individuals charged with criminal charges such as carjackings in non-participating courts would need to be done in person.

Lawmakers haven’t specified what court information they reviewed to introduce the legislation. But De Gruy said if they were referring to the Administrative Office of Courts reports, it is possible to misinterpret them.

He noted that he tailored his search to carjacking convictions because the reports would include more dispositions such as dismissed and remanded cases for people who haven’t been convicted.

DeGruy said Wednesday that when the next Administrative Office of Courts report is available in July, he expects to see carjacking convictions and sentence suspensions for Hinds County to remain about the same.

Through a records request with MDOC, FWD.us found that as of July 2022, the average sentence statewide for carjacking was nearly 12 years and 17 years for armed carjacking – evidence that judges are sentencing more than the mandatory minimum.

While lawmakers have raised concern about judge’s ability to suspend sentences, suspension is something they are allowed to do through judicial discretion.

Criminal justice advocacy groups including FWD and conservative group Empower Mississippi have spoken out against the mandatory minimum bills and the effect they would have on discretion.

“This means the Legislature would be mandating a one-size-fits-all sentence instead of allowing local judges to consider the circumstances and perhaps, in some cases, issue a punishment that would be more effective and less expensive than prison,” Empower Senior Adviser Forest Thigpen said in a March 26 statement.

Judkins wants more people to consider other costs of incarceration, such as the amount taxpayers spend on the prison system and the impact on incarcerated people and their families.

Taxpayers spend over $360 million annually on the prison system, according to a November report by FWD.us. Mississippians also face longer prison sentences than the national average for a range of offenses.

Judkins said incarcerating people under mandatory minimums can affect people’s sense of hope and access to the opportunities like rehabilitative programs that make prisons safer for the people who live and work there, as well as help reduce recidivism.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi Today

1964: Mississippi Freedom Democratic Party was formed

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mississippitoday.org – @MSTODAYnews – 2025-04-26 07:00:00

April 26, 1964

Aaron Henry testifies before the Credentials Committee at the 1964 Democratic National Convention.

Civil rights activists started the Mississippi Freedom Democratic Party to challenge the state’s all-white regular delegation to the Democratic National Convention. 

The regulars had already adopted this resolution: “We oppose, condemn and deplore the Civil Rights Act of 1964 … We believe in separation of the races in all phases of our society. It is our belief that the separation of the races is necessary for the peace and tranquility of all the people of Mississippi, and the continuing good relationship which has existed over the years.” 

In reality, Black Mississippians had been victims of intimidation, harassment and violence for daring to try and vote as well as laws passed to disenfranchise them. As a result, by 1964, only 6% of Black Mississippians were permitted to vote. A year earlier, activists had run a mock election in which thousands of Black Mississippians showed they would vote if given an opportunity. 

In August 1964, the Freedom Party decided to challenge the all-white delegation, saying they had been illegally elected in a segregated process and had no intention of supporting President Lyndon B. Johnson in the November election. 

The prediction proved true, with white Mississippi Democrats overwhelmingly supporting Republican candidate Barry Goldwater, who opposed the Civil Rights Act. While the activists fell short of replacing the regulars, their courageous stand led to changes in both parties.

This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

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Mississippi River flooding Vicksburg, expected to crest on Monday

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mississippitoday.org – @alxrzr – 2025-04-25 16:04:00

Warren County Emergency Management Director John Elfer said Friday floodwaters from the Mississippi River, which have reached homes in and around Vicksburg, will likely persist until early May. Elfer estimated there areabout 15 to 20 roads underwater in the area.

A truck sits in high water after the owner parked, then boated to his residence on Chickasaw Road in Vicksburg as a rising Mississippi River causes backwater flooding, Friday, April 25, 2025.

“We’re about half a foot (on the river gauge) from a major flood,” he said. “But we don’t think it’s going to be like in 2011, so we can kind of manage this.”

The National Weather projects the river to crest at 49.5 feet on Monday, making it the highest peak at the Vicksburg gauge since 2020. Elfer said some residents in north Vicksburg — including at the Ford Subdivision as well as near Chickasaw Road and Hutson Street — are having to take boats to get home, adding that those who live on the unprotected side of the levee are generally prepared for flooding.

A rising Mississippi River causing backwater flooding near Chickasaw Road in Vicksburg, Friday, April 25, 2025.
Old tires aligned a backyard as a deterrent to rising water north of Vicksburg along U.S. 61, Friday, April 25, 2025.
As the Mississippi River rises, backwater flooding creeps towards a home located on Falk Steel Road in Vicksburg, Friday, April 25, 2025.

“There are a few (inundated homes), but we’ve mitigated a lot of them,” he said. “Some of the structures have been torn down or raised. There are a few people that still live on the wet side of the levee, but they kind of know what to expect. So we’re not too concerned with that.”

The river first reached flood stage in the city — 43 feet — on April 14. State officials closed Highway 465, which connects the Eagle Lake community just north of Vicksburg to Highway 61, last Friday.

Flood waters along Kings Point Road in Vicksburg, Friday, April 25, 2025.

Elfer said the areas impacted are mostly residential and he didn’t believe any businesses have been affected, emphasizing that downtown Vicksburg is still safe for visitors. He said Warren County has worked with the U.S. Army Corps of Engineers and the Mississippi Emergency Management Agency to secure pumps and barriers.

“Everybody thus far has been very cooperative,” he said. “We continue to tell people stay out of the flood areas, don’t drive around barricades and don’t drive around road close signs. Not only is it illegal, it’s dangerous.”

NWS projects the river to stay at flood stage in Vicksburg until May 6. The river reached its record crest of 57.1 feet in 2011.

The boat launch area is closed and shored up on Levee Street in Vicksburg as the Mississippi River rises, Friday, April 25, 2025.
The boat launch area (right) is closed and under water on Levee Street in Vicksburg as the Mississippi River rises, Friday, April 25, 2025.
City of Vicksburg workers shore up the bank along Levee Street as the Mississippi River rises, Friday, April 25, 2025.
The old pedestrian bridge spanning the Mississippi River in Vicksburg, Friday, April 25, 2025.

This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

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With domestic violence law, victims ‘will be a number with a purpose,’ mother says

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mississippitoday.org – @MSTODAYnews – 2025-04-25 15:07:00

Joslin Napier. Carlos Collins. Bailey Mae Reed. 

They are among Mississippi domestic violence homicide victims whose family members carried their photos as the governor signed a bill that will establish a board to study such deaths and how to prevent them. 

Tara Gandy, who lost her daughter Napier in Waynesboro in 2022, said it’s a moment she plans to tell her 5-year-old grandson about when he is old enough. Napier’s presence, in spirit, at the bill signing can be another way for her grandson to feel proud of his mother. 

“(The board) will allow for my daughter and those who have already lost their lives to domestic violence … to no longer be just a number,” Gandy said. “They will be a number with a purpose.” 

Family members at the April 15 private bill signing included Ashla Hudson, whose son Collins, died last year in Jackson. Grandparents Mary and Charles Reed and brother Colby Kernell attended the event in honor of Bailey Mae Reed, who died in Oxford in 2023. 

Joining them were staff and board members from the Mississippi Coalition Against Domestic Violence, the statewide group that supports shelters and advocated for the passage of Senate Bill 2886 to form a Domestic Violence Facility Review Board. 

The law will go into effect July 1, and the coalition hopes to partner with elected officials who will make recommendations for members to serve on the board. The coalition wants to see appointees who have frontline experience with domestic violence survivors, said Luis Montgomery, public policy specialist for the coalition. 

A spokesperson from Gov. Tate Reeves’ office did not respond to a request for comment Friday.

Establishment of the board would make Mississippi the 45th state to review domestic violence fatalities. 

Montgomery has worked on passing a review board bill since December 2023. After an unsuccessful effort in 2024, the coalition worked to build support and educate people about the need for such a board. 

In the recent legislative session, there were House and Senate versions of the bill that unanimously passed their respective chambers. Authors of the bills are from both political parties. 

The review board is tasked with reviewing a variety of documents to learn about the lead up and circumstances in which people died in domestic violence-related fatalities, near fatalities and suicides – records that can include police records, court documents, medical records and more. 

From each review, trends will emerge and that information can be used for the board to make recommendations to lawmakers about how to prevent domestic violence deaths. 

“This is coming at a really great time because we can really get proactive,” Montgomery said. 

Without a board and data collection, advocates say it is difficult to know how many people have died or been injured in domestic-violence related incidents.

A Mississippi Today analysis found at least 300 people, including victims, abusers and collateral victims, died from domestic violence between 2020 and 2024. That analysis came from reviewing local news stories, the Gun Violence Archive, the National Gun Violence Memorial, law enforcement reports and court documents. 

Some recent cases the board could review are the deaths of Collins, Napier and Reed. 

In court records, prosecutors wrote that Napier, 24, faced increased violence after ending a relationship with Chance Fabian Jones. She took action, including purchasing a firearm and filing for a protective order against Jones.

Jones’s trial is set for May 12 in Wayne County. His indictment for capital murder came on the first anniversary of her death, according to court records. 

Collins, 25, worked as a nurse and was from Yazoo City. His ex-boyfriend Marcus Johnson has been indicted for capital murder and shooting into Collins’ apartment. Family members say Collins had filed several restraining orders against Johnson. 

Johnson was denied bond and remains in jail. His trial is scheduled for July 28 in Hinds County.  

He was a Jackson police officer for eight months in 2013. Johnson was separated from the department pending disciplinary action leading up to immediate termination, but he resigned before he was fired, Jackson police confirmed to local media. 

Reed, 21, was born and raised in Michigan and moved to Water Valley to live with her grandparents and help care for her cousin, according to her obituary. 

Kylan Jacques Phillips was charged with first degree murder for beating Reed, according to court records. In February, the court ordered him to undergo a mental evaluation to determine if he is competent to stand trial, according to court documents. 

At the bill signing, Gandy said it was bittersweet and an honor to meet the families of other domestic violence homicide victims.

“We were there knowing we are not alone, we can travel this road together and hopefully find ways to prevent and bring more awareness about domestic violence,” she said.

This article first appeared on Mississippi Today and is republished here under a Creative Commons Attribution-NoDerivatives 4.0 International License.

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