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Mississippi Today

Bills to investigate officer misconduct and extend parole eligibility survive legislative deadline

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The state's officer board moved a step closer in the Legislature on Tuesday to gaining the power to investigate law enforcement misconduct.

“I am pleased that House Bill 691 and Senate Bill 2286 were both passed out of their committees,” said Public Safety Commissioner Sean Tindell. “These bills call for all law enforcement officers to be required to have continuing education training and the Board of Law Enforcement Officer Standards and Training will have the authority to launch its own investigations.”

If the bill becomes law, Tindell anticipates the Mississippi Board on Law Enforcement Officer Standards and Training would hire two or three investigators who would investigate matters and make recommendations. “Ultimately,” he said, “it's going to be up to the board.”

The bill in the wake of an investigation by the Mississippi Center for Investigative Reporting at Mississippi and The New York Times into sheriffs and deputies across the state over allegations of sexual abuse, torture and corruption.

For the first time, deputies, sheriffs and state law enforcement would join officers in the requirement to have up to 24 hours of continuing education training. Those who fail to train could lose their certifications.

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Other changes would take place as well. Each year, the licensing board would have to report on its activities to the Legislature and the governor.

The board's makeup would be changed to include the public safety commissioner and the director of the Mississippi Law Enforcement Officers' Training Academy.

House Bill 1454 and House Bill 755 would extend the repealer on parole eligibility for another two years. Senate Bill 2448 would delete the repealer in the current law and keep parole eligibility on the books.

“We are encouraged to see Mississippi lawmakers advance critical legislation to continue parole eligibility and keep reducing our state's highest-in-the-nation imprisonment rate safely,” Alesha Judkins, state director of criminal justice group FWD.us, said in a Tuesday statement.

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“This session, we urge Mississippi's elected leaders to ensure that our current parole law is reauthorized without a repealer and advance the real public safety solutions our state deserves.”

House Bill 844 was the only parole-related bill to survive the legislative session after being approved by the Corrections Committee.

The legislation would require the Parole Board to solicit recommendations from members of the criminal justice system, the original judge and prosecutor in the case and the 's office, when a person applies for parole.

Before a hearing, notification would need to be sent to the original prosecuting attorney and judge and the police chief and sheriff of the municipality and county where the conviction happened.

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Bills aimed to keep parole eligibility reforms passed through both chambers' Judiciary B committees.

A pair of bills, Senate Bill 2022 and House Bill 1440 would allow alternative sentencing and the possibility of parole for those who were under the age of 18 when they committed an offense.

According to a 2020 report by the Office of the State Defender, 87 people in Mississippi were sentenced to an automatic life without parole sentence for crimes committed while they were under the age of 18, a practice found unconstitutional by several cases.

In the absence of legislative guidance, there aren't procedures in place to review and resentence juvenile life without parole defendants, the report states.

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Bills that died

  • HB 1540, which sought to punish law enforcement officers who sexually abuse those detained or on supervised release, failed to make it out of the Judiciary B Committee. Under Mississippi law, it is a crime for officers to have sex with those behind bars, but the law does nothing to prohibit officers from sexually exploiting those they arrest or detain. The bill sought to close that loophole, said the sponsor, state Rep. Dana McLean, R-Columbus. “Someone in a position of trust should be held to a higher standard.”
  • HB 1536 would have made it a felony for therapists, clergy and to have sexual contact with those they treat, but the measure never made it out of the Judiciary B Committee. Mississippi Today reported that two women have told Hattiesburg police that counselor Wade Wicht sexually abused them during counseling sessions, but he may never face criminal charges because it's not against the law in Mississippi for counselors to have sexual contact with their clients. Wicht has already admitted to having sex with two women he counseled, a violation of the ethical code that prompted the loss of his license before the State Board of Examiners for Licensed Professional Counselors, which oversees and licenses counselors.
  • Senate Bill 2353 proposed winding down the use of the Mississippi State Penitentiary at Parchman over four years by sending people, staff and programs to other prison facilities in the state. The bill was approved by the Correction Committee, which Barnett chairs, late last week and needed approval from the Appropriations Committee. It was never brought up. A major part of the bill was the purchase of the Tallahatchie Correctional Facility in Tutwiler, which is owned and operated by CoreCivic.
  • Two bills that proposed dissolving the current five-member Parole Board and reappointing them with those with certain experience, such as law enforcement or law, died in committee: House Bill 114 and Senate Bill 2352. The Senate bill also called for parole hearings to be broadcast on the Department of Corrections website and open to the public. Information about upcoming hearings for violent offenders, parole and revocation outcomes and guidance documents the Parole Board uses would have also been required to be posted online.
  • House Bill 828 would have created a public database of law enforcement misconduct incidents.
  • House Bill 842 would have formed a domestic violence fatality review team within the State Medical Examiner's office.

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

Mississippi Today

Law enforcement officers’ oversight bill heads to governor’s desk

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mississippitoday.org – Jerry Mitchell – 2024-04-29 18:19:05

The Mississippi Senate passed legislation Monday to give the 's officer certification board the power to investigate enforcement misconduct.

House Bill 691, the version of which passed the House Saturday, is now headed to the desk of Gov. Tate Reeves.

The bill comes in the wake of an investigation by the Mississippi Center for Investigative at Mississippi and The New York Times into sheriffs and deputies across the state over allegations of sexual abuse, torture and corruption. The reporting also revealed how a “Goon Squad” of operated for two decades in Rankin County.

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Public Safety Commissioner Sean Tindell said if the governor signs the bill, he anticipates the Mississippi Board on Law Enforcement Officer Standards and Training would hire a few investigators to investigate matters and make recommendations. 

The bill would enable the board to establish a hearing panel on any law enforcement officer “for whom the board believes there is a basis for reprimand, suspension, cancellation of, or recalling the certification of a law enforcement officer. The hearing panel shall its written findings and recommendations to the board.”

In addition, deputies, sheriffs and state law enforcement would join police officers in the requirement to have 20 hours of training each year. Those who fail to get such training could lose their certifications.

Other changes would take place as well. Each year, the licensing board would have to report on its activities to the and the governor. 

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The bill calls for a 13-member board with the governor six appointments – two police chiefs, two sheriffs, a district attorney and the head of the law enforcement training academy.

Other members include the , the public safety commissioner, the head of the Highway Patrol, and the presidents of the police chiefs association, the constable association, the Mississippi Campus Law Enforcement Association and the sheriff's association (or designee).

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

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Mississippi Today

Legislators extend 2024 session after missing budget deadline

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mississippitoday.org – Bobby Harrison – 2024-04-29 17:47:53

Legislative are optimistic that they will be able to start passing bills to fund the $7- budget to fund services on Tuesday.

“We will be rolling Tuesday and the day after I suppose,” said Senate Appropriations Chair Briggs Hopson, R-Vicksburg.

Late Monday the House and Senate agreed on a resolution to extend the . Appropriations and revenue (taxes and borrowing) bills died Saturday night when House and Senate leaders could not reach agreement on a key deadline. The resolution approved Monday was needed to revive the bills.

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The final day of the session was for Sunday, May 5. Now it is scheduled for May 14, but House Speaker Jason White, R-, predicted Monday that the will finish its work this , though leaders did concede there were still  some “minor” disagreements between the House and Senate.

Under the resolution, the legislators – even though their work would be completed this week — will return on May 14 unless White and Lt. Gov. Delbert Hosemann agree not to return.

Returning on May 14 would give the Legislature the address any possible vetoes by Gov. Tate Reeves. Lawmakers can override gubernatorial vetoes with a two-thirds vote of each chamber.

Asked Monday if an agreement had been reached on the revenue bills, Senate Finance Chairman Josh Harkins, R-Brandon, who handles those proposals, said, “Gosh, I hope so. If not I am going holler a Jerry Clower for them to shoot up amongst us,” Harkins said referencing a skit by the Mississippi comic.

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It took a two-thirds vote of both chambers to pass the resolution to extend the session. It passed unanimously in the House, but six members of the 52-member Senate voted no. Without the resolution, it most likely would require a special session called by Gov. Tate Reeves to pass budget bills and revenue bills.

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

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Mississippi Today

Lawsuit in death of man following Jackson police encounter may be headed to trial

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mississippitoday.org – Mina Corpuz – 2024-04-29 15:21:38

The of George Robinson plans to move forward with a wrongful death against the city of Jackson and three former officers after rejecting a nearly $18,000 settlement offer. 

Attorney Dennis Sweet III made the intentions of Bettersten Wade, Robinson's sister, and Vernice Robinson, Robinson's mother, clear in a Thursday letter sent the day after the City Council approved a $17,786 payment to settle the family's 2019 lawsuit. 

“This is more than anyone should have to endure. Much less have the City of Jackson tout the purported term of settlement as some sort of victory,” Sweet wrote in the letter. “Needless to say, no individual or party obtained a victory in this matter.”

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The financial terms of the settlement and plaintiffs' identities were not supposed to be disclosed publicly and the council did not approve the settlement in executive , Sweet said. According to Mississippi's open meeting , any public body can enter executive session for a number of reasons, including for negotiations relating to litigation. 

Sweet was not immediately available to comment Monday. Last , he told WLBT he would take it to trial. 

Council President Aaron Banks, who was also not immediately available for comment, said the settlement was freely negotiated among the parties and signed by Wade and Vernice Robinson, who had their attorneys with them, according to a Friday statement to the

Banks disputed Sweet's claims that the city violated any terms of the settlement, such as a confidentiality agreement, saying the city didn't agree to one and that settlements are public , according to the statement. 

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“The City intends to honor the agreement it reached and expects the Wade family to do so, also,” Banks said in the statement.

However, some city council members said after the meeting that they were not aware of a confidentiality agreement. 

City Attorney Drew Martin declined to comment Monday. 

All the parties met for mediation April 12. Sweet said that during the session, a representative from the city said it is in “financial straits and did not possess substantial funds in which to resolve Ms. Wade's claims against it.” The lawsuit complaint asked for a jury trial and damages to be determined by a jury. 

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Banks's statement did not address the attorney's claim about the city's finances.  

Wade agreed during mediation to settle with ambulance provider American Medical Response and to allow the city to join that settlement and end litigation, according to Sweet's letter. 

“Had AMR not agreed to a substantial settlement amount, Ms. Wade would not have settled with the City of Jackson,” he wrote in the letter.

The company settled for a different amount that was not disclosed, according to Sweet's letter.

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As of Monday, electronic court filings for the lawsuit do not show that the judge has signed off on a settlement.  

In January 2019, 62-year-old Robinson was pulled from a car and beaten by officers, leaving him with severe injuries. At the time, he was recovering from a stroke. Robinson died days later.

In 2022, former detective Anthony Fox was convicted culpable-negligence manslaughter for Robinson's death, while charges against officers Desmond Barney and Lincoln Lampley were dismissed a year earlier. 

Fox was until January when the Mississippi Supreme Court overturned his conviction and issued an acquittal, freeing him. Fox has returned to work for the Canton Police Department. 

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This isn't Wade's only loss and fraught experience with the city, Sweet said. 

Last year, her son Dexter died after being hit by a car driven by an off-duty Jackson police officer. He was buried unidentified in the pauper's field, despite having identification on him. His family did not know he was there until months later. 

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

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