A convicted burglar who was brought back before the court for violating the terms of his release from prison caused Judge Dal Williamson to question the way the Mississippi Department of Corrections does some things.
Clifton Stokes, 38, was in Jones County Circuit Court on a revocation hearing for failing to report to his parole officer and pay fees and fines.
But Assistant District Attorney Kristen Martin and public defender Jeannene Pacific agreed that there wasn’t much they could do it about it because he was no longer on post-release supervision for the two burglaries he was convicted of in 2006.
“His post-release expired before MDOC issued the warrant for his arrest,” Martin said. “Those fees are lost.”
Stokes was ordered to serve five years in prison and three years post-release supervision, but he was released from prison on Dec. 11, 2009 and was on post-release supervision for five years. That expired last December, meaning he was no longer “on paper.” The MDOC warrant was served in January after the agency no longer had any control over him.
“Shouldn’t it be easy to calculate if his time is up?” Williamson asked. “I’m going to give MDOC 15 days to get their act together.”
Officer David Richardson, who was on the witness stand testifying on behalf of MDOC against felons in their revocation hearings, was the fourth officer to handle his case, Stokes said.
“I was behind on fees because I was in jail,” he said, adding that he had been charged with domestic violence in Rankin, so that county had a hold on him and he remained in jail awaiting transport there.
“If it’s (post-release) expired, it’s uncollectible,” Pacific said.
Several sources close to the court said it was not uncommon for felons’ post-release supervision to expire before their fees and fines had been paid or their victims had been paid restitution. When they’re no longer on post-release supervision, the state has no authority over them to collect.
Williamson told the MDOC that he wanted officers to start using the same forms to turn in to the court for hearings, and he said in another recent court proceeding that he only wants the officer who is handling the case to testify in the hearing.
“We just need uniformity,” Williamson said.
In other revocation hearings, Attacleve Bender was ordered to serve another year in prison and two years post-release supervision after getting a DUI in Hattiesburg in January. He was convicted of felony DUI in November 2012.
Bender said he has two jobs and all of his fees and fines are up to date, and he pays child support for his five children.
“I have an addiction,” he said. “I just tend to have a drink when I get in from offshore. It was a foolish decision.”
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