MISSISSIPPI DEPARTMENT OF CORRECTIONS v. Benjamin COOK
210 So. 3d 965
| Miss. | 2017Background
- Benjamin Cook, sentenced for murder in 1994, is parole-eligible and has been denied parole at hearings in 2013 and 2015.
- House Bill 585 (effective July 1, 2014) added Miss. Code Ann. § 47-7-3.1, requiring MDOC to develop and issue parole case plans for all parole-eligible inmates and to provide them within 90 days of admission.
- Cook filed an ARP grievance (July 2015) requesting a parole case plan under § 47-7-3.1; MDOC denied relief, asserting the statute is not retroactive and applies only to inmates sentenced on or after July 1, 2014.
- Cook sought judicial review in Sunflower County Circuit Court, which ordered MDOC to issue a case plan; MDOC appealed to the Mississippi Supreme Court.
- The Mississippi Supreme Court, relying on its prior decision in Fisher v. Drankus, held that § 47-7-3.1 does not apply retroactively to inmates convicted and sentenced before July 1, 2014, and reversed and rendered judgment for MDOC.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 47-7-3.1 entitles parole-eligible inmates sentenced before July 1, 2014 to a parole case plan | Cook: statute’s directive to develop case plans applies to "all parole eligible inmates," so it covers him regardless of sentencing date | MDOC: statutory text and operative timing provisions show the statute was intended to apply prospectively to admissions on/after July 1, 2014; not retroactive | Court: Agrees with MDOC; statute does not clearly mandate retroactive application; Drankus controls — no case plan for pre-July 1, 2014 inmates |
Key Cases Cited
- Fisher v. Drankus, 204 So. 3d 1232 (Miss. 2016) (statute creating parole case-plan requirements construed as prospective; no retroactive application)
- Miss. Methodist Hosp. & Rehab. Ctr., Inc. v. Miss. Div. of Medicaid, 21 So. 3d 600 (Miss. 2009) (standard of review for agency statutory interpretation; deference unless interpretation contradicts statute)
- Sinko v. State, 192 So. 3d 1069 (Miss. Ct. App. 2016) (context on House Bill 585 and comprehensive 2014 criminal justice reforms)