Richard Harrison Mason v. Mississippi Department of Corrections
Richard Harrison Mason v. Mississippi Department of Corrections
Opinion
¶ 1. Richard Mason was convicted of sexual battery in 2005 and was sentenced to serve thirty years in prison. Mason contends that he is eligible for meritorious earned time, a conditional reduction in sentence that operates as an "incentive for
offenders to achieve positive and worthwhile accomplishments for their personal benefit or the benefit of others."
DISCUSSION
¶ 2. Mason bases his argument on section 47-5-142(1), which states that "any" offender shall be eligible to receive meritorious earned time, "subject to the provisions of this section ... as distinguished from earned time for good conduct and performance." He points out that he is an offender and that nothing in section 47-5-142 expressly prohibits him from being eligible.
¶ 3. However, Mississippi Code Annotated section 47-5-139(1)(d) (Rev. 2015) provides: "An inmate shall not be eligible for the earned time allowance if ... [t]he inmate was convicted of a sex crime." This Court has repeatedly held that, notwithstanding the broad language in section 47-5-142, eligibility for meritorious earned time is controlled by section 47-5-139.
See
Riley v. State
,
¶ 4. The circuit court correctly dismissed Mason's complaint because, having been convicted of a sex crime, Mason is not eligible to have his sentence reduced for meritorious earned time.
¶ 5. AFFIRMED.
LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, CARLTON, WILSON, GREENLEE AND WESTBROOKS, JJ., CONCUR. TINDELL, J., NOT PARTICIPATING.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.