Is committing a new misdemeanor while on parole a 'technical violation,' or does it count as a more serious violation?

Plain-English summary

Mississippi's parole revocation statutes draw a sharp line between "technical violations" (which trigger capped imprisonment in a technical violation center) and other violations (which can trigger the full remainder of the suspended sentence). The Parole Board chairman asked the AG: when a parolee commits a new misdemeanor crime, is that a technical violation or something more serious?

The AG did not give a categorical answer. Instead, it stated the controlling definition and left the application to the Parole Board.

§ 47-7-2(q) defines "technical violation" as "an act or omission by the probationer that violates a condition or conditions of probation placed on the probationer by the court or the probation officer." That definition is tied to the parolee's specific conditions, not to a list of offense categories.

§ 47-7-27(6)(a) sets the consequences for technical violations:

• 1st revocation: up to 90 days in a technical violation center.
• 2nd revocation: up to 120 days in a technical violation center.
• 3rd revocation: up to 180 days in a technical violation center, OR the remainder of the suspended sentence.
• 4th and subsequent: up to the remainder of the suspended sentence.

The opinion's holding is that "[w]hether the commission of a new misdemeanor crime fits within this definition is dependent upon the parolee's conditions of parole and is a determination of fact to be made by the parole board." The opinion does not say whether any particular condition is or is not present; it leaves that fact-bound question to the Board. A footnote also points to Walker v. State, 230 So. 3d 703 (Miss. 2017), as referencing the § 47-7-2(q) definition in the parole-revocation context.

What this means for you

If you are a Mississippi parolee

The opinion holds that whether a new misdemeanor counts as a "technical violation" depends on your individual conditions of parole, and that this is a factual call for the Parole Board, not something the opinion resolves in the abstract.

If you are a Parole Board member

The opinion states the determination is "a determination of fact to be made by the parole board." It gives you the statutory definition (§ 47-7-2(q)) and the graduated consequences for technical violations (§ 47-7-27(6)(a)), but does not decide whether any given misdemeanor qualifies.

If you are a parolee's defense attorney or a parole officer

The opinion frames the question around the parolee's specific conditions of parole and the § 47-7-2(q) definition. The consequence tier turns on whether a revocation is for "one or more technical violations": up to 90/120/180 days in a technical violation center for the first three revocations, or the remainder of the suspended sentence for the third and any later revocation (§ 47-7-27(6)(a)).

Common questions

Q: What is a "technical violation" in Mississippi parole?
A: § 47-7-2(q) defines it as "an act or omission by the probationer that violates a condition or conditions of probation placed on the probationer by the court or the probation officer." It's tied to specific parole conditions, not to a list of types of offenses.

Q: What is a "technical violation center"?
A: A specific class of facility within the Mississippi Department of Corrections used for short-term incarceration of parolees and probationers who commit technical violations. § 47-7-27(6)(a) caps the technical-center sentence at 90 days for the first revocation and 120 days for the second.

Q: What happens on a fourth or later revocation?
A: § 47-7-27(6)(a) lets the Parole Board impose up to the remainder of the suspended sentence. The third revocation gives the Board the choice between 180 days in a technical violation center or the remainder of the sentence.

Q: Why does it matter whether a misdemeanor is a "technical violation"?
A: Because § 47-7-27(6)(a) sets shorter, capped imprisonment in a technical violation center for revocations based on technical violations, while the Board may impose "the remainder of the suspended portion of the sentence" on a third or later revocation.

Q: Did the opinion decide whether a new misdemeanor is a technical violation?
A: No. It held that the answer "is dependent upon the parolee's conditions of parole and is a determination of fact to be made by the parole board." The opinion does not resolve it categorically.

Q: What did Walker v. State say?
A: The opinion cites it in a footnote as "referencing definition set forth in Section 47-7-2(q) in relation to parole revocation." The opinion does not describe any further holding from the case.

Q: Does the parolee get a hearing before revocation?
A: Yes. § 47-7-27(6)(a) requires a hearing within 21 days of the parolee's admission to detention. The Board can terminate parole, modify conditions, or revoke for technical violations within the statutory limits.

Background and statutory framework

Mississippi's parole and probation revocation framework is in Chapter 7 of Title 47 of the Mississippi Code, including § 47-7-2 (definitions) and § 47-7-27 (revocation procedures).

§ 47-7-2(q) defines "technical violation" in terms of the parolee's specific conditions:

An act or omission by the probationer that violates a condition or conditions of probation placed on the probationer by the court or the probation officer.

§ 47-7-27(6)(a) governs revocation hearings and consequences:

The board shall hold a hearing for any parolee who is detained as a result of a warrant or a violation report within twenty-one (21) days of the parolee's admission to detention. The board may, in its discretion, terminate the parole or modify the terms and conditions thereof. If the board revokes parole for one or more technical violations the board shall impose a period of imprisonment to be served in a technical violation center operated by the department not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation. For the third revocation, the board may impose a period of imprisonment to be served in a technical violation center for up to one hundred and eighty (180) days or the board may impose the remainder of the suspended portion of the sentence. For the fourth and any subsequent revocation, the board may impose up to the remainder of the suspended portion of the sentence. The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

The statutory architecture creates a graduated response. Early technical violations carry short, capped stays in technical violation centers; on a third or later revocation, the Board may instead impose the remainder of the suspended sentence.

The statute defines "technical violation" functionally, tied to the parolee's individual conditions, rather than by a fixed list of offense categories. That is why the opinion concludes the misdemeanor question "is dependent upon the parolee's conditions of parole and is a determination of fact to be made by the parole board." The opinion stops at that point and does not apply the definition to any particular set of conditions.

Citations and references

Statutes:

• Miss. Code Ann. § 47-7-2(q) (definition of "technical violation")
• Miss. Code Ann. § 47-7-27(6)(a) (revocation hearing procedures and imprisonment caps)

Cases:

• Walker v. State, 230 So. 3d 703 (Miss. 2017) (referencing § 47-7-2(q) in parole revocation context)

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2024/03/J.Belk-February-28-2024-Commission-of-Misdemeanor-While-on-Parole.pdf

Original opinion text

February 28, 2024

Jeffrey B. Belk, Chairman
Parole Board, State of Mississippi
660 North Street, Suite 100A
Jackson, Mississippi 39202

Re: Commission of Misdemeanor While on Parole

Dear Chairman Belk:

The Office of the Attorney General has received your request for an official opinion.

Question Presented

Is the commission of a new crime, specifically a misdemeanor, considered a technical violation for the purposes of parole revocation?

Brief Response

Mississippi Code Annotated Section 47-7-2(q) defines a "technical violation" as "an act or omission by the probationer that violates a condition or conditions of probation placed on the probationer by the court or the probation officer."¹ Whether the commission of a new misdemeanor crime fits within this definition is dependent upon the parolee's conditions of parole and is a determination of fact to be made by the parole board.

Applicable Law and Discussion

Section 47-7-27(6)(a) provides:

The board shall hold a hearing for any parolee who is detained as a result of a warrant or a violation report within twenty-one (21) days of the parolee's admission to detention. The board may, in its discretion, terminate the parole or modify the terms and conditions thereof. If the board revokes parole for one or more technical violations the board shall impose a period of imprisonment to be served in a technical violation center operated by the department not to exceed ninety (90) days for the first revocation and not to exceed one hundred twenty (120) days for the second revocation. For the third revocation, the board may impose a period of imprisonment to be served in a technical violation center for up to one hundred and eighty (180) days or the board may impose the remainder of the suspended portion of the sentence. For the fourth and any subsequent revocation, the board may impose up to the remainder of the suspended portion of the sentence. The period of imprisonment in a technical violation center imposed under this section shall not be reduced in any manner.

(emphasis added). You ask if the commission of a new crime, specifically a misdemeanor, is considered a technical violation for the purposes of parole revocation. Section 47-7-2(q) defines a "technical violation" as "an act or omission by the probationer that violates a condition or conditions of probation placed on the probationer by the court or the probation officer." Whether the commission of a new misdemeanor crime fits within this definition is dependent upon the parolee's conditions of parole and is a determination of fact to be made by the parole board.

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,

LYNN FITCH, ATTORNEY GENERAL

By: /s/ Maggie Kate Bobo
Maggie Kate Bobo
Special Assistant Attorney General