When an inmate is sentenced to serve time, an Earned Release Supervision (ERS) date, a tentative release date and a maximum release date are configured. The earned release supervision date is based on an inmate serving a percentage of their sentence, which correlates with applicable laws. For example, an inmate 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 inmate’s ERS date. An ERS date does not automatically mean that an inmate will be released on that date. For instance, an inmate’s behavior while incarcerated is a key issue that is reviewed by the classification committee.
When an inmate is near his ERS date, he receives a letter from MDOC. Once the inmate receives this letter, then it is the responsibility of the inmate 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 correctional field officer that will be handling the inmate’s case. The probation and parole officer inspects the residence, meets with any family members that the inmate 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 inmates for ERS include, but not limited to:
- Inmates sentenced to life imprisonment
- Inmates convicted as a habitual offender
- Inmates who forfeit their earned time allowance by order of the Commissioner
- Inmates 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
- Inmates convicted of a sex crime
- Inmates who have escaped or attempted escape from an adult prison
Any inmate under ERS retains inmate status and remains under the jurisdiction of MDOC. An ERS inmate is not allowed to leave the state of Mississippi at any time during his or her ERS. If an inmate violates any conditions of ERS, the inmate 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 inmate violates any conditions of ERS, the inmate is arrested and returned to MDOC and provided a classification hearing. All inmates arrested and returned from ERS are granted a hearing by a classification committee officer. If the inmate is found not guilty of the pending charges, the inmate may be returned to the original status on ERS.
For more information, contact ERS.