When an individual is sentenced to serve time, an Earned Release Supervision (ERS) date, a tentative release date and a maximum release date are calculated. The earned release supervision date is based on an offender serving a percentage of their sentence, which correlates with applicable laws. For example, an offender may be required to serve 85% of a sentence in a facility and is eligible to serve the remaining 15% on ERS, if the crime was committed on or after July 1, 1995.
There are many factors that are considered in calculating an offender’s ERS eligibility date. An ERS date does not automatically mean an offender will be released on that date. For instance, an offender’s behavior while incarcerated is a key factor that is reviewed by the classification committee.
When an offender is near his ERS date, he receives a letter from MDOC. Once the offender receives this letter, then it is the responsibility of the offender to provide a residence address where he plans to live while on ERS. Once the address is received by MDOC, the address is then given to the Probation/Parole Agent that will inspect the residence, meets with any family members that the offender will be living with, etc., and ultimately determines if the residence is acceptable for the inmate to live while on ERS.
Some factors that disqualify offenders for ERS include, but not limited to:
- Offenders sentenced to life imprisonment
- Offenders convicted as a habitual offender
- Offenders who forfeit their earned time allowance by order of the Commissioner
- Offenders who have not served the mandatory time required for parole eligibility for a conviction of robbery or attempted robbery, or carjacking or attempted carjacking with a deadly weapon or drive by shooting
- Offenders convicted of a sex crime
- Offenders who have escaped or attempted escape from an adult prison
Any offender under ERS retains offender status and remains under the jurisdiction of MDOC. An ERS offender is not allowed to leave the state of Mississippi at any time during his or her ERS. If an offender violates any conditions of ERS, the offender has to serve the remainder of the sentence in a facility. Any time served on ERS is not applied to the sentence or used to reduce a sentence.
If an offender violates any conditions of ERS, the offender is arrested and returned to MDOC and provided a classification hearing. All offenders arrested and returned from ERS are granted a hearing by a classification committee officer. If the offender is found not guilty of the pending charges, the offender may be returned to the original status on ERS.
For more information, contact ERS.