ANNE C. WALKER, Chief Clerk
AN ACT
To repeal sections 56.455, 214.392, 217.030, 217.541, 217.650, 217.655, 217.675, 217.682, 217.720, 217.725, 217.750, 217.755, 217.760, 217.762, 217.785, 217.810, 558.011, 558.046, 559.600, 559.602, 559.607, 566.140 and 568.120, RSMo 1994, and sections 217.010, 217.015, 217.345, 217.362, 217.364, 217.660, 217.665, 217.670, 217.680, 217.690, 217.695, 217.705, 217.710, 217.722, 217.730, 217.800, 549.500, 558.019, 558.026, 558.031 and 559.125, RSMo Supp. 1999, and section 217.777, as both versions appear in RSMo Supp. 1999, and to enact in lieu thereof forty-three new sections for the purpose of transferring the board of probation and parole, and its staff and employees, with penalty provisions and an effective date for certain sections.
Section A. Sections 56.455, 214.392, 217.030, 217.541, 217.650, 217.655, 217.675, 217.682, 217.720, 217.725, 217.750, 217.755, 217.760, 217.762, 217.785, 217.810, 558.011, 558.046, 559.600, 559.602, 559.607, 566.140 and 568.120, RSMo 1994, and sections 217.010, 217.015, 217.345, 217.362, 217.364, 217.660, 217.665, 217.670, 217.680, 217.690, 217.695, 217.705, 217.710, 217.722, 217.730, 217.800, 549.500, 558.019, 558.026, 558.031 and 559.125, RSMo Supp. 1999, and section 217.777, as both versions appear in RSMo Supp. 1999, are repealed and forty-two new sections enacted in lieu thereof, to be known as sections 56.455, 214.392, 217.010, 217.015, 217.030, 217.345, 217.362, 217.364, 217.541, 217.695, 217.777, 217.785, 217.800, 217.810, 549.500, 549.600, 549.603, 549.606, 549.609, 549.612, 549.615, 549.618, 549.621, 549.624, 549.627, 549.630, 549.633, 549.636, 549.639, 549.642, 549.645, 558.011, 558.019, 558.026, 558.031, 558.046, 559.125, 559.600, 559.602, 559.607, 566.140 and 568.120, to read as follows:
56.455. In addition to his other duties, the circuit attorney of the city of St. Louis shall make a detailed report of all information in his possession pertaining to each person committed to the state penitentiary by the circuit court of the city of St. Louis to the director of the state department of corrections [and human resources and to the state board of probation and parole]. The report shall include such information as may be requested by such director or board and shall include a summary of such evidence as to the prior convictions of the convict, his mental condition, education and other personal background information which is available to the circuit attorney as well as the date of the crime for which the convict was sentenced, whether he was tried or pleaded guilty, and such facts as are available as to the aggravating or mitigating circumstances of the crime. The circuit attorney may include in the report his recommendation as to whether the convict should be kept in a maximum security institution. The report shall be transmitted within twenty days after the date of the conviction or at such other time as is prescribed by the director of the department of corrections [and human resources or board of probation and parole].
214.392. 1. The division shall:
(1) Recommend prosecution for violations of the provisions of sections 214.270 to 214.410 to the appropriate prosecuting, circuit attorney or to the attorney general;
(2) Employ, within limits of the funds appropriated, such employees as are necessary to carry out the provisions of sections 214.270 to 214.410;
(3) Be allowed to convey full authority to each city or county governing body the use of inmates controlled by the department of corrections [and the board of probation and parole] to care for abandoned cemeteries located within the boundaries of each city or county;
(4) Exercise all budgeting, purchasing, reporting and other related management functions;
(5) Promulgate such rules and regulations as are necessary to administer the inspection and audit provisions of the endowed care cemetery law and as are necessary for the establishment and maintenance of the cemetery registry pursuant to section 214.280.
2. No rule or portion of a rule promulgated under the authority of this chapter shall become effective until it has been approved by the joint committee on administrative rules in accordance with the procedures provided herein, and the delegation of the legislative authority to enact law by the adoption of such rules is dependent upon the power of the joint committee on administrative rules to review and suspend rules pending ratification by the senate and the house of representatives as provided herein.
3. Upon filing any proposed rule with the secretary of state, the filing agency shall concurrently submit such proposed rule to the committee, which may hold hearings upon any proposed rule or portion thereof at any time.
4. A final order of rulemaking shall not be filed with the secretary of state until thirty days after such final order of rulemaking has been received by the committee. The committee may hold one or more hearings upon such final order of rulemaking during the thirty-day period. If the committee does not disapprove such order of rulemaking within the thirty-day period, the filing agency may file such order of rulemaking with the secretary of state and the order of rulemaking shall be deemed approved.
5. The committee may, by majority vote of the members, suspend the order of rulemaking or portion thereof by action taken prior to the filing of the final order of rulemaking only for one or more of the following grounds:
(1) An absence of statutory authority for the proposed rule;
(2) An emergency relating to public health, safety or welfare;
(3) The proposed rule is in conflict with state law;
(4) A substantial change in circumstance since enactment of the law upon which the proposed rule is based.
6. If the committee disapproves any rule or portion thereof, the filing agency shall not file such disapproved portion of any rule with the secretary of state and the secretary of state shall not publish in the Missouri Register any final order of rulemaking containing the disapproved portion.
7. If the committee disapproves any rule or portion thereof, the committee shall report its findings to the senate and the house of representatives. No rule or portion thereof disapproved by the committee shall take effect so long as the senate and the house of representatives ratify the act of the joint committee by resolution adopted in each house within thirty legislative days after such rule or portion thereof has been disapproved by the joint committee.
8. Upon adoption of a rule as provided herein, any such rule or portion thereof may be suspended or revoked by the general assembly either by bill or, pursuant to section 8, article IV of the constitution, by concurrent resolution upon recommendation of the joint committee on administrative rules. The committee shall be authorized to hold hearings and make recommendations pursuant to the provisions of section 536.037, RSMo. The secretary of state shall publish in the Missouri Register, as soon as practicable, notice of the suspension or revocation.
217.010. As used in this chapter and chapter 558, RSMo, unless the context clearly indicates otherwise, the following terms shall mean:
(1) "Administrative segregation unit", a cell for the segregation of offenders from the general population of a facility for relatively extensive periods of time;
(2) "Board", the board of [probation and] parole established pursuant to section 549.603, RSMo;
(3) "Chief administrative officer", the institutional head of any correctional facility or his designee;
(4) "Correctional center", any premises or institution where incarceration, evaluation, care, treatment, or rehabilitation is provided to persons who are under the department's authority;
(5) "Department", the department of corrections of the state of Missouri;
(6) "Director", the director of the department of corrections or his designee;
(7) "Disciplinary segregation", a cell for the segregation of offenders from the general population of a correctional center because the offender has been found to have committed a violation of a division or facility rule and other available means are inadequate to regulate the offender's behavior;
(8) "Division", a statutorily created agency within the department or an agency created by the departmental organizational plan;
(9) "Division director", the director of a division of the department or his designee;
(10) "Local volunteer community board", a board of qualified local community volunteers selected by the court for the purpose of working in partnership with the court and the department of corrections in a reparative [probation] program;
(11) "Nonviolent offender", any offender who is convicted of a crime other than murder in the first or second degree, involuntary manslaughter, kidnapping, forcible rape, forcible sodomy, robbery in the first degree or assault in the first degree;
(12) "Offender", a person under supervision or an inmate in the custody of the department;
(13) "Probation", a procedure under which a defendant found guilty of a crime upon verdict or plea is released by the court without imprisonment, subject to conditions imposed by the court [and subject to the supervision of the board];
(14) "Volunteer", any person who, of his own free will, performs any assigned duties for the department or its divisions with no monetary or material compensation.
217.015. 1. The department shall supervise and manage all correctional centers[, and probation and parole] of the state of Missouri.
2. The department shall be composed of the following divisions:
(1) The division of human services;
(2) The division of adult institutions;
(3) [The board of probation and parole; and
(4)] The division of offender rehabilitative services.
3. Each division may be subdivided by the director into such sections, bureaus, or offices as is necessary to carry out the duties assigned by law.
217.030. The director shall appoint the directors of the divisions of the department[, except the chairman of the board of probation and parole who shall be appointed by the governor and who shall serve as the director of the division of probation and parole]. Division directors shall serve at the pleasure of the director[, except the chairman of the board of probation and parole who shall serve in the capacity of chairman at the pleasure of the governor]. The director of the department shall be the appointing authority under chapter 36, RSMo, to employ such administrative, technical and other personnel who may be assigned to the department generally rather than to any of the department divisions or facilities and whose employment is necessary for the performance of the powers and duties of the department.
217.345. 1. Correctional treatment programs for first offenders in the department shall be established, subject to the control and supervision of the director, and shall include such programs deemed necessary and sufficient for the successful rehabilitation of offenders.
2. Correctional treatment programs for offenders who are younger than seventeen years of age shall be established, subject to the control and supervision of the director. By January 1, 1998, such programs shall include physical separation of offenders who are younger than seventeen years of age from offenders who are seventeen years of age or older.
3. The department shall have the authority to promulgate rules pursuant to subsection 2 of section 217.378 to establish correctional treatment programs for offenders under age seventeen. Such rules may include:
(1) Establishing separate housing units for such offenders;
(2) Providing housing and program space in existing housing units for such offenders that is not accessible to adult offenders; and
(3) Establishing a regimented training program for such offenders.
4. Any regimented training program established pursuant to subdivision (3) of subsection 3 of this section shall include the following objectives:
(1) To provide a daily regimen for offenders including physical training, self-discipline, educational programs and work programs;
(2) To provide staff who have received appropriate training in the treatment of offenders under age seventeen and who are capable role models and mentors;
(3) To provide offenders with instruction on how to solve problems and strategies to change offenders' predisposition to commit crime;
(4) To provide offenders who have demonstrated positive behavioral change with the opportunity to gradually reenter the community; and
(5) To provide for [parole supervision consisting of highly structured surveillance and monitoring,] appropriate educational and treatment programs.
5. The department shall have the authority to determine the number of juvenile offenders participating in any treatment program depending on available appropriations. The department may contract with any private or public entity for the provision of services and facilities for offenders under age seventeen. The department shall apply for and accept available federal, state and local public funds including project demonstration funds as well as private moneys to fund such services and facilities.
6. The department shall develop and implement an ongoing evaluation process for all juvenile offender programs.
7. Any prosecuting attorney who prosecutes an offender under the age of seventeen shall maintain records regarding the sentencing of that offender, including any treatment programs to which that offender is assigned.
8. The department shall submit an evaluation report to the governor and the general assembly concerning offenders under age seventeen and the programs available to them on or before each January 30, beginning in 1999. This report shall include, but is not limited to, the following items:
(1) The specific content and structure of programs for offenders, including staffing ratios for each program, and a description of the daily routine of offenders in those programs;
(2) [The process used for placing offenders on parole, including whether offenders may be returned to their original environment for the parole period, the specific means of parole supervision and the specific educational and treatment programs provided to offenders during their parole period;
(3)] The procedure for transferring an offender to another facility for vocational or training services or when an offender poses a danger to himself or others, and identification of the facilities used for such purposes;
[(4)] (3) The specific criteria and procedures for determining successful completion of a treatment program[,] and whether an offender cannot successfully complete a treatment program[, and whether an offender's parole shall be revoked];
[(5)] (4) The recidivism rate for offenders successfully completing a treatment program compared with the recidivism rate for offenders not successfully completing a treatment program.
217.362. 1. The department of corrections shall design and implement an intensive long-term program for the treatment of chronic nonviolent offenders with serious substance abuse addictions who have not pleaded guilty to or been convicted of a dangerous felony as defined in section 556.061, RSMo.
2. Prior to sentencing, any judge considering an offender for this program shall notify the department. The potential candidate for the program shall be screened by the department to determine eligibility. The department shall, by regulation, establish eligibility criteria and inform the court of such criteria. The department shall notify the court as to the offender's eligibility and the availability of space in the program. Notwithstanding any other provision of law to the contrary, except as provided for in section 558.019, RSMo, if an offender is eligible and there is adequate space, the court may sentence a person to the program which shall consist of institutional drug treatment for a period of twenty-four months, as well as a term of incarceration. Execution of the offender's term of incarceration shall be suspended pending completion of said program. Allocation of space in the program may be distributed by the department in proportion to drug arrest patterns in the state. If the court is advised that an offender is not eligible or that there is no space available, the court shall consider other authorized dispositions.
3. Notwithstanding any other provision of the law to the contrary, upon successful completion of the program, the [board of probation and parole] department may advise the sentencing court of the eligibility of the individual for probation. The original sentencing court shall hold a hearing to make a determination as to the fitness of the offender to be placed on probation. [The court shall follow the recommendation of the board unless the court makes a determination that such a placement would be an abuse of discretion.] If an offender successfully completes the program before the end of the twenty-four-month period, the department may petition the court and request that probation be granted immediately.
4. If it is determined by the department that the offender has not successfully completed the program, or that the offender is not cooperatively participating in the program, the offender shall be removed from the program and the court shall be advised. Failure of an offender to complete the program shall cause the offender to serve the sentence prescribed by the court and void the right to be considered for probation on this sentence.
217.364. 1. The department of corrections shall establish by regulation the "Offenders Under Treatment Program". The program shall include institutional placement of certain offenders, as outlined in subsection 3 of this section, under the supervision and control of the department of corrections. The department shall establish rules determining how, when and where an offender shall be admitted into or removed from the program.
2. As used in this section, the term "offenders under treatment program" means a one-hundred-eighty-day institutional correctional program for the monitoring, control and treatment of certain substance abuse offenders and certain nonviolent offenders followed, at the discretion of the board of parole, by placement on parole with continued supervision.
3. The following offenders may participate in the program as determined by the department:
(1) Any nonviolent offender who has not previously been remanded to the department and who has pled guilty or been found guilty of violating the provisions of chapter 195, RSMo, or whose substance abuse was a precipitating or contributing factor in the commission of his offense; or
(2) Any nonviolent offender who has pled guilty or been found guilty of a crime which did not involve the use of a weapon, and who has not previously been remanded to the department.
4. This program shall be used as an intermediate sanction by the department. The program may include education, treatment and rehabilitation programs. If an offender successfully completes the institutional phase of the program, the department shall notify the board of [probation and] parole within thirty days of completion. Upon notification from the department that the offender has successfully completed the program, the board of [probation and] parole may at its discretion release the offender on parole as authorized in [subsection 1 of] section [217.690] 549.618, RSMo.
5. The availability of space in the institutional program shall be determined by the department of corrections.
6. If the offender fails to complete the program, the offender shall be taken out of the program and shall serve the remainder of his sentence with the department.
7. Time spent in the program shall count as time served on the sentence.
217.541. 1. The department shall by rule establish a program of house arrest. The director or his designee may extend the limits of confinement of offenders serving sentences for class C or D felonies who have one year or less remaining prior to release on parole, conditional release, or discharge to participate in the house arrest program.
2. The offender referred to the house arrest program shall remain in the custody of the department and shall be subject to rules and regulations of the department pertaining to offenders of the department until released on parole or conditional release by the [state] board of [probation and] parole.
3. The department shall require the offender to participate in work or educational or vocational programs and other activities that may be necessary to the supervision and treatment of the offender.
4. An offender released to house arrest shall be authorized to leave his place of residence only for the purpose and time necessary to participate in the program and activities authorized in subsection 3 of this section.
5. The [board of probation and parole] department shall supervise every offender released to the house arrest program and shall verify compliance with the requirements of this section and such other rules and regulations that the department shall promulgate and may do so by remote electronic surveillance. If [any probation/parole officer] the department has probable cause to believe that an offender under house arrest has violated a condition of the house arrest agreement, the [probation/parole officer] department may petition the court to issue a warrant for the arrest of the offender. [The probation/parole] Any law enforcement officer may effect the arrest [or may deputize any officer with the power of arrest to do so by giving the officer a copy of the warrant which shall outline the circumstances of the alleged violation] of the offender. The warrant delivered with the offender by the arresting officer to the official in charge of any jail or other detention facility to which the offender is brought shall be sufficient legal authority for detaining the offender. An offender arrested under this section shall remain in custody or incarcerated without consideration of bail. The director or his designee[, upon recommendation of the probation and parole officer,] may direct the return of any offender from house arrest to a correctional facility of the department for reclassification.
6. Each offender who is released to house arrest shall pay a percentage of his wages, established by department rules, to a maximum of the per capita cost of the house arrest program. The money received from the offender shall be deposited in the inmate fund and shall be expended to support the house arrest program.
[217.650. As used in sections 217.650 to 217.810, unless the context clearly indicates otherwise, the following terms mean:
(1) "Board", the state board of probation and parole;
(2) "Chairman", chairman of the board of probation and parole;
(3) "Diversionary program", a program designed to utilize alternatives to incarceration undertaken under the supervision of the board after commitment of an offense and prior to arraignment;
(4) "Parole", the release of an offender to the community by the court or the state board of probation and parole prior to the expiration of his term, subject to conditions imposed by the court or the board and to its supervision;
(5) "Prerelease program", a program relating to an offender's preparation for, or orientation to, supervision by the board immediately prior to or immediately after assignment of the offender to the board for supervision;
(6) "Pretrial program", a program relating to the investigation or supervision of persons referred or assigned to the board prior to their conviction;
(7) "Probation", a procedure under which a defendant found guilty of a crime upon verdict or plea is released by the court without imprisonment, subject to conditions imposed by the court and subject to the supervision of the board;
(8) "Recognizance program", a program relating to the release of an individual from detention who is under arrest for an offense for which he may be released as provided in section 544.455, RSMo.]
[217.655. 1. The board of probation and parole shall be responsible for determining whether a person confined in the department shall be paroled or released conditionally as provided by section 558.011, RSMo. The board shall provide supervision to all persons referred by the circuit courts of the state as provided by sections 217.750 and 217.760.
2. The board shall provide such programs as necessary to carry out its responsibilities consistent with its goals and statutory obligations.]
[217.660. 1. The chairman of the board of probation and parole shall be the director of the division.
2. In addition to the compensation as a member of the board, any chairman whose term of office began before August 28, 1999, shall receive three thousand eight hundred seventy-five dollars per year for duties as chairman.]
[217.665. 1. Beginning August 28, 1996, the board of probation and parole shall consist of seven members appointed by the governor by and with the advice and consent of the senate.
2. Beginning August 28, 1996, members of the board shall be persons of recognized integrity and honor, known to possess education and ability in decision making through career experience and other qualifications for the successful performance of their official duties. Not more than four members of the board shall be of the same political party.
3. At the expiration of the term of each member and of each succeeding member, the governor shall appoint a successor who shall hold office for a term of six years and until his successor has been appointed and qualified. Members may be appointed to succeed themselves.
4. Vacancies occurring in the office of any member shall be filled by appointment by the governor for the unexpired term.
5. The governor shall designate one member of the board as chairman. The chairman shall be the director of the division and shall have charge of the division's operations, funds and expenditures. The chairman shall designate by order of record another member to act as chairman in the event of absence or sickness of the chairman, and during such time the member so appointed by the chairman shall possess all powers of the chairman.
6. Members of the board shall devote full time to the duties of their office and before taking office shall subscribe to an oath or affirmation to support the Constitution of the United States and the Constitution of the State of Missouri. The oath shall be signed in the office of the secretary of state.
7. The annual compensation for each member of the board whose term commenced before August 28, 1999, shall be forty-five thousand dollars plus any salary adjustment, including prior salary adjustments, provided pursuant to section 105.005, RSMo. Salaries for board members whose terms commence after August 27, 1999, shall be set as provided in section 105.950, RSMo; provided, however, that the compensation of a board member shall not be increased during the member's term of office, except as provided in section 105.005, RSMo. In addition to compensation provided by law, the members shall be entitled to reimbursement for necessary travel and other expenses incurred pursuant to section 33.090, RSMo.]
[217.670. 1. The board shall adopt an official seal of which the courts shall take official notice.
2. Decisions of the board regarding granting of paroles, extensions of a conditional release date or revocations of a parole or conditional release shall be by a majority vote of the hearing panel members. The hearing panel shall consist of one member of the board and two hearing officers appointed by the board. A member of the board may remove the case from the jurisdiction of the hearing panel and refer it to the full board for a decision. Within thirty days of entry of the decision of the hearing panel to deny parole or to revoke a parole or conditional release, the offender may appeal the decision of the hearing panel to the board. The board shall consider the appeal within thirty days of receipt of the appeal. The decision of the board shall be by majority vote of the board members and shall be final.
3. The orders of the board shall not be reviewable except as to compliance with the terms of sections 217.650 to 217.810 or any rules promulgated pursuant to such section.
4. The board shall keep a record of its acts and shall notify each correctional center of its decisions relating to persons who are or have been confined in such correctional center.
5. Notwithstanding any other provision of law, any meeting, record, or vote, of proceedings involving probation, parole, or pardon, may be a closed meeting, closed record, or closed vote.]
[217.675. The members of the board shall prepare and cause to be published a handbook containing all rules, regulations, and suggestions governing the conduct of parolees. Handbooks shall be furnished to all parolees and to any employer of a parolee who requests it. The handbook shall be continuously revised and updated by the board.]
[217.680. 1. The office and headquarters of the board shall not be located on the site of any correctional center.
2. Correctional centers shall provide to the board and its employees suitable space for interviews and hearings with offenders in the administration buildings of the correctional center.]
[217.682. The board shall appoint a secretary who shall serve at the pleasure of the board. It shall be the duty of the secretary to keep a full and true record of all books, documents and papers ordered filed and of all orders made, approved and confirmed by it. It shall be the responsibility of the secretary to provide administrative assistance to the board as it deems appropriate and necessary to carry out the goals of the board.]
[217.690. 1. When in its opinion there is reasonable probability that an offender of a correctional center can be released without detriment to the community or to himself, the board may in its discretion release or parole such person except as otherwise prohibited by law. All paroles shall issue upon order of the board, duly adopted.
2. Before ordering the parole of any offender, the board shall have the offender appear before a hearing panel and shall conduct a personal interview with
him, unless waived by the offender. A parole shall be ordered only for the best interest of society, not as an award of clemency; it shall not be considered a reduction of sentence or a pardon. An offender shall be placed on parole only when the board believes that he is able and willing to fulfill the obligations of a law-abiding citizen. Every offender while on parole shall remain in the legal custody of the department but shall be subject to the orders of the board.
3. The board shall adopt rules not inconsistent with law, in accordance with section 217.040, with respect to the eligibility of offenders for parole, the conduct of parole hearings or conditions to be imposed upon paroled offenders. Whenever an order for parole is issued it shall recite the conditions of such parole.
4. When considering parole for an offender with consecutive sentences, the minimum term for eligibility for parole shall be calculated by adding the minimum terms for parole eligibility for each of the consecutive sentences, except the minimum term for parole eligibility shall not exceed the minimum term for parole eligibility for an ordinary life sentence.
5. Any offender under a sentence for first degree murder who has been denied release on parole after a parole hearing shall not be eligible for another parole hearing until at least three years from the month of the parole denial; however, this subsection shall not prevent a release pursuant to subsection 4 of section 558.011, RSMo.
6. Parole hearings shall, at a minimum, contain the following procedures:
(1) The victim or person representing the victim who attends a hearing may be accompanied by one other person;
(2) The victim or person representing the victim who attends a hearing shall have the option of giving testimony in the presence of the inmate or to the hearing panel without the inmate being present;
(3) The victim or person representing the victim may call or write the parole board rather than attend the hearing;
(4) The victim or person representing the victim may have a personal meeting with a board member at the board's central office; and
(5) The judge, prosecuting attorney or circuit attorney and a representative of the local law enforcement agency investigating the crime shall be allowed to attend the hearing or provide information to the hearing panel in regard to the parole consideration.
7. The board shall notify any person of the results of a parole eligibility hearing if the person indicates to the board a desire to be notified.
8. The board may, at its discretion, require any offender seeking parole to meet certain conditions during the term of that parole so long as said conditions are not illegal or impossible for the offender to perform. These conditions may include an amount of restitution to the state for the cost of that offender's incarceration.
9. Nothing contained in this section shall be construed to require the release of an offender on parole nor to reduce the sentence of an offender heretofore committed.
10. Beginning January 1, 2001, the board shall not order a parole unless the offender has obtained a high school diploma or its equivalent, or unless the board is satisfied that the offender, while committed to the custody of the department, has made an honest good-faith effort to obtain a high school diploma or its equivalent; provided that the director may waive this requirement by certifying in writing to the board that the offender has actively participated in mandatory education programs or is academically unable to obtain a high school diploma or its equivalent.]
217.695. 1. As used in this section, the following terms mean:
(1) "Chief law enforcement official", the county sheriff, chief of police or other public official responsible for enforcement of criminal laws within a county or city not within a county;
(2) "County" includes a city not within a county;
(3) "Offender", a person in the custody of the department [or under the supervision of] subject to release from department custody by the board.
2. Each offender to be released from custody of the department [who will be under the supervision of] by the board, except an offender transferred to another state pursuant to the interstate corrections compact, shall shortly before release be required to: complete a registration form indicating his intended address upon release, employer, parent's address, and such other information as may be required; submit to photographs; submit to fingerprints; or undergo other identification procedures including but not limited to hair samples or other identification indicia. All data and indicia of identification shall be compiled in duplicate, with one set to be retained by the department, and one set for the chief law enforcement official of the county of intended residence.
3. Any offender subject to the provisions of this section who changes his county of residence shall, in addition to notifying the board of [probation and] parole, notify and register with the chief law enforcement official of the county of residence within seven days after he changes his residence to that county.
4. Failure by an offender to register with the chief law enforcement official upon a change in the county of his residence shall be cause for revocation of the parole or conditional release of the person except for good cause shown.
5. The department, the board, and the chief law enforcement official shall cause the information collected on the initial registration and any subsequent changes in residence or registration to be recorded with the highway patrol criminal information system.
6. The director of the department of public safety shall design and distribute the registration forms required by this section and shall provide any administrative assistance needed to facilitate the provisions of this section.
[217.705. 1. The chairman shall appoint probation and parole officers and
institutional parole officers as deemed necessary to carry out the purposes of the board.
2. Probation and parole officers shall investigate all persons referred to them for investigation by the board or by any court as provided by sections 217.750 and 217.760. They shall furnish to each offender released under their supervision a written statement of the conditions of probation, parole or conditional release and shall instruct the offender regarding these conditions. They shall keep informed of the offender's conduct and condition and use all suitable methods to aid and encourage the offender to bring about improvement in the offender's conduct and conditions.
3. The probation and parole officer may recommend and, by order duly entered, the court may impose and may at any time modify any conditions of probation. The court shall cause a copy of any such order to be delivered to the probation and parole officer and the offender.
4. Probation and parole officers shall keep detailed records of their work and shall make such reports in writing and perform such other duties as may be incidental to those enumerated that the board may require.
5. Institutional parole officers shall investigate all offenders referred to them for investigation by the board and shall provide the board such other reports the board may require. They shall furnish the offender prior to release on parole or conditional release a written statement of the conditions of parole or conditional release and shall instruct the offender regarding these conditions.
6. The department shall furnish probation and parole officers and institutional parole officers, including supervisors, with credentials and a special badge which such officers and supervisors shall carry on their person at all times while on duty.]
[217.710. 1. Probation and parole officers, supervisors and members of the board of probation and parole, who are certified pursuant to the requirements of subsection 2 of this section shall have the authority to carry their firearms at all times. The department of corrections shall promulgate policies and operating regulations which govern the use of firearms by probation and parole officers, supervisors and members of the board when carrying out the provisions of sections 217.650 to 217.810. Mere possession of a firearm shall not constitute an employment activity for the purpose of calculating compensatory time or overtime.
2. The department shall determine the content of the required firearms safety training and provide firearms certification and recertification training for probation and parole officers, supervisors and members of the board of probation and parole. A minimum of sixteen hours of firearms safety training shall be required. In no event shall firearms certification or recertification training for probation and parole officers and supervisors exceed the training required for officers of the state highway patrol.
3. The department shall determine the type of firearm to be carried by the officers, supervisors and members of the board of probation and parole.
4. Any officer, supervisor or member of the board of probation and parole that chooses to carry a firearm in the performance of such officer's, supervisor's or member's duties shall purchase the firearm and holster.
5. The department shall furnish such ammunition as is necessary for the performance of the officer's, supervisor's and member's duties.
6. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority of this chapter, shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after August 28, 1998. All rulemaking authority delegated prior to August 28, 1998, is of no force and effect and repealed as of August 28, 1998, however nothing in section 571.030, RSMo, or this section shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to August 28, 1998. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028, RSMo, to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in section 571.030, RSMo, or this section shall affect the validity of any rule adopted and promulgated prior to August 28, 1998.]
[217.720. 1. At any time during release on parole or conditional release the board may issue a warrant for the arrest of a released offender for violation of any of the conditions of parole or conditional release. The warrant shall authorize any law enforcement officer to return the offender to the actual custody of the correctional center from which the offender was released, or to any other suitable facility designated by the board. If any parole or probation officer has probable cause to believe that such offender has violated a condition of parole or conditional release, the probation or parole officer may issue a warrant for the arrest of the offender. The probation or parole officer may effect the arrest or may deputize any officer with the power of arrest to do so by giving the officer a copy of the warrant which shall outline the circumstances of the alleged violation and contain the statement that the offender has, in the judgment of the probation or parole officer, violated conditions of parole or conditional release. The warrant delivered with the offender by the arresting officer to the official in charge of any facility designated by the board to which the offender is brought shall be sufficient legal authority for detaining the offender. After the arrest the parole or probation officer shall present to the detaining authorities a similar statement of the circumstances of violation. Pending hearing as hereinafter provided, upon any charge of violation, the offender shall remain in custody or incarcerated without consideration of bail.
2. If the offender is arrested under the authority granted in subsection 1 of this section, the offender shall have the right to a preliminary hearing on the violation charged unless the offender waives such hearing. Upon such arrest and detention, the parole or probation officer shall immediately notify the board and shall submit in writing a report showing in what manner the offender has violated the conditions of his parole or conditional release. The board shall order the offender discharged from such facility, require as a condition of parole or conditional release the placement of the offender in a treatment center operated by the department of corrections, or shall cause the offender to be brought before it for a hearing on the violation charged, under such rules and regulations as the board may adopt. If the violation is established and found, the board may continue or revoke the parole or conditional release, or enter such other order as it may see fit. If no violation is established and found, then the parole or conditional release shall continue. If at any time during release on parole or conditional release the offender is arrested for a crime which later leads to conviction, and sentence is then served outside the Missouri department of corrections, the board shall determine what part, if any, of the time from the date of arrest until completion of the sentence imposed is counted as time served under the sentence from which the offender was paroled or conditionally released.
3. An offender for whose return a warrant has been issued by the board shall, if it is found that the warrant cannot be served, be deemed to be a fugitive from justice or to have fled from justice. If it shall appear that the offender has violated the provisions and conditions of his parole or conditional release, the board shall determine whether the time from the issuing date of the warrant to the date of his arrest on the warrant, or continuance on parole or conditional release shall be counted as time served under the sentence. In all other cases, time served on parole or conditional release shall be counted as time served under the sentence.
4. At any time during parole or probation, the board may issue a warrant for the arrest of any person from another jurisdiction, the visitation and supervision of whom the board has undertaken pursuant to the provisions of the interstate compact for the supervision of parolees and probationers authorized in section 217.810, for violation of any of the conditions of release, or a notice to appear to answer a charge of violation. The notice shall be served personally upon the person. The warrant shall authorize any law enforcement officer to return the offender to any suitable detention facility designated by the board. Any parole or probation officer may arrest such person without a warrant, or may deputize any other officer with power of arrest to do so by issuing a written statement setting forth that the defendant has, in the judgment of the parole or probation officer, violated the conditions of his release. The written statement delivered with the person by the arresting officer to the official in charge of the detention facility to which the person is brought shall be sufficient legal authority for detaining him. After making an arrest the parole or probation officer shall present to the detaining authorities a similar statement of the circumstances of violation.]
[217.722. 1. If any probation officer has probable cause to believe that the person on probation has violated a condition of probation, the probation officer may issue a warrant for the arrest of the person on probation. The officer may effect the arrest or may deputize any other officer with the power of arrest to do so by giving the officer a copy of the warrant which will outline the circumstances of the alleged violation and contain the statement that the person on probation has, in the judgment of the probation officer, violated the conditions of probation. The warrant delivered with the offender by the arresting officer to the official in charge of any jail or other detention facility shall be sufficient authority for detaining the person on probation pending a preliminary hearing on the alleged violation. Other provisions of law relating to release on bail of persons charged with criminal offenses shall be applicable to persons detained on alleged probation violations.
2. Any person on probation arrested under the authority granted in subsection 1 of this section shall have the right to a preliminary hearing on the violation charged as long as the person on probation remains in custody or unless the offender waives such hearing. The person on probation shall be notified immediately in writing of the alleged probation violation. If arrested in the jurisdiction of the sentencing court, and the court which placed the person on probation is immediately available, the preliminary hearing shall be heard by the sentencing court. Otherwise, the person on probation shall be taken before a judge or associate circuit judge in the county of the alleged violation or arrest having original jurisdiction to try criminal offenses or before an impartial member of the staff of the Missouri board of probation and parole, and the preliminary hearing shall be held as soon as possible after the arrest. Such preliminary hearings shall be conducted as provided by rule of court or by rules of the Missouri board of probation and parole. If it appears that there is probable cause to believe that the person on probation has violated a condition of probation, or if the person on probation waives the preliminary hearing, the judge or associate circuit judge, or member of the staff of the Missouri board of probation and parole shall order the person on probation held for further proceedings in the sentencing court. If probable cause is not found, the court shall not be barred from holding a hearing on the question of the alleged violation of a condition of probation nor from ordering the person on probation to be present at such a hearing.
3. Upon such arrest and detention, the probation officer shall immediately notify the sentencing court and shall submit to the court a written report showing in what manner the person on probation has violated the conditions of probation. Thereupon, or upon arrest by warrant, the court shall cause the person on probation to be brought before it without unnecessary delay for a hearing on the violation charged. Revocation hearings shall be conducted as provided by rule of court.]
[217.725. When a court or other authority has issued a warrant against a person, the board may release him on parole to answer the warrant of such court or authority.]
[217.730. 1. The period served on parole, except for judicial parole granted or revoked pursuant to section 559.100, RSMo, shall be deemed service of the term of imprisonment and, subject to the provisions of section 217.720 relating to an offender who is or has been a fugitive from justice, the total time served may not exceed the maximum term or sentence.
2. When an offender on parole or conditional release, before the expiration of the term for which the offender was sentenced, has performed the obligation of his parole for such time as satisfies the board that his final release is not incompatible with the best interest of society and the welfare of the individual, the board may make a final order of discharge and issue a certificate of discharge to the offender. No such order of discharge shall be made in any case less than three years after the date on which the offender was paroled or conditionally released except where the sentence expires earlier.]
[217.750. 1. At the request of a judge of any circuit court, the board shall provide probation services for such court as provided in subsection 2 of this section.
2. The board shall provide probation services for any person convicted of any class of felony. The board shall not be required to provide probation services for any class of misdemeanor except those class A misdemeanors the basis of which is contained in chapters 565, 566 and 570, RSMo, or in section 568.050, RSMo, 455.085, RSMo, or section 455.538, RSMo. The board may in its discretion accept other persons for supervision who have been convicted of driving while intoxicated under the provisions of section 577.023, RSMo.]
[217.755. The board shall adopt general rules and regulations, in accordance with section 217.040, concerning the conditions of probation applicable to cases in the courts for which it provides probation service. Nothing herein, however, shall limit the authority of the court to impose or modify any general or specific conditions of probation.]
[217.760. 1. In all felony cases and class A misdemeanor cases, the basis of which misdemeanor cases are contained in chapters 565, 566, and 570, RSMo, and section 577.023, RSMo, at the request of a circuit judge of any circuit court, the board shall assign one or more state probation and parole officers to make an investigation of the person convicted of the crime or offense before sentence is imposed.
2. The report of the presentence investigation or preparole investigation shall contain any prior criminal record of the defendant and such information about his characteristics, his financial condition, his social history and the circumstances affecting his behavior as may be helpful in imposing sentence or in granting probation or in the correctional treatment of the defendant, as well as a recommendation by the probation and parole officer. The officer shall secure such other information as may be required by the court and, whenever it is practicable and needed, such investigation shall include a physical and mental examination of the defendant.]
[217.762. 1. Prior to sentencing any defendant convicted of a felony which resulted in serious physical injury or death to the victim, a presentence investigation shall be conducted by the board of probation and parole to be considered by the court, unless the court orders otherwise.
2. The presentence investigation shall include a victim impact statement if the defendant caused physical, psychological, or economic injury to the victim.
3. If the court does not order a presentence investigation, the prosecuting
attorney may prepare a victim impact statement to be submitted to the court. The court shall consider the victim impact statement in determining the appropriate sentence, and in entering any order of restitution to the victim.
4. A victim impact statement shall:
(1) Identify the victim of the offense;
(2) Itemize any economic loss suffered by the victim as a result of the offense;
(3) Identify any physical injury suffered by the victim as a result of the offense, along with its seriousness and permanence;
(4) Describe any change in the victim's personal welfare or familial relationships as a result of the offense;
(5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense; and
(6) Contain any other information related to the impact of the offense upon the victim that the court requires.]
217.777. 1. The department shall administer a community corrections program to encourage the establishment of local sentencing alternatives for offenders to:
(1) Promote accountability of offenders to crime victims, local communities and the state by providing increased opportunities for offenders to make restitution to victims of crime through financial reimbursement or community service;
(2) Ensure that victims of crime are included in meaningful ways in Missouri's response to crime;
(3) Provide structured opportunities for local communities to determine effective local sentencing options to assure that individual community programs are specifically designed to meet local needs;
(4) Reduce the cost of punishment, supervision and treatment significantly below the annual per-offender cost of confinement within the traditional prison system; and
(5) Improve public confidence in the criminal justice system by involving the public in the development of community-based sentencing options for eligible offenders.
2. The program shall be designed to implement and operate community-based restorative justice projects including, but not limited to: preventive or diversionary programs, [community-based intensive probation and parole services,] community-based treatment centers, day reporting centers, and the operation of facilities for the detention, confinement, care and treatment of adults under the purview of this chapter.
3. The department shall promulgate rules and regulations for operation of the program established pursuant to this section as provided for in section 217.040 and chapter 536, RSMo.
4. Any proposed program or strategy created pursuant to this section shall be developed after identification of a need in the community for such programs, through consultation with representatives of the general public, judiciary, law enforcement and defense and prosecution bar.
5. [Until December 31, 2000,] In communities where local volunteer community boards are established [at the request of] by the court, [the following guidelines apply:
(1) The department shall provide a program of training to eligible volunteers and develop specific conditions of a probation program and conditions of probation for offenders referred to it by the court. Such conditions, as established by the community boards and the department,] the program may include compensation and restitution to the community and the victim by fines, fees, day fines, victim-offender mediation, participation in victim impact panels, community service, or a combination of the aforementioned conditions[;
(2) In referring offenders to local volunteer community boards for probation supervision pursuant to this section, the court is encouraged to select those volunteers who live in close geographical proximity to the community in which the crime is alleged to have occurred for supervision purposes;
(3) The term of probation shall not exceed five years and may be concluded by the court when conditions imposed are met to the satisfaction of the local volunteer community board].
6. The department may staff programs created pursuant to this section with employees of the department or may contract with other public or private agencies for delivery of services as otherwise provided by law.
[217.777. 1. The department shall administer a community corrections program to encourage the establishment of local sentencing alternatives for offenders to:
(1) Promote accountability of offenders to crime victims, local communities and the state by providing increased opportunities for offenders to make restitution to victims of crime through financial reimbursement or community service;
(2) Ensure that victims of crime are included in meaningful ways in Missouri's response to crime;
(3) Provide structured opportunities for local communities to determine effective local sentencing options to assure that individual community programs are specifically designed to meet local needs;
(4) Reduce the cost of punishment, supervision and treatment significantly below the annual per-offender cost of confinement within the traditional prison system; and
(5) Improve public confidence in the criminal justice system by involving the public in the development of community-based sentencing options for eligible offenders.
2. The program shall be designed to implement and operate community-based restorative justice projects including, but not limited to: preventive or diversionary programs, community-based intensive probation and parole services, community-based treatment centers, day reporting centers, and the operation of facilities for the detention, confinement, care and treatment of adults under the purview of this chapter.
3. The department shall promulgate rules and regulations for operation of the program established pursuant to this section as provided for in section 217.040 and chapter 536, RSMo.
4. Any proposed program or strategy created pursuant to this section shall be developed after identification of a need in the community for such programs, through consultation with representatives of the general public, judiciary, law enforcement and defense and prosecution bar.
5. In communities where local volunteer community boards are established at the request of the court, the following guidelines apply:
(1) The department shall provide a program of training to eligible volunteers and develop specific conditions of a probation program and conditions of probation for offenders referred to it by the court. Such conditions, as established by the community boards and the department, may include compensation and restitution to the community and the victim by fines, fees, day fines, victim-offender mediation, participation in victim impact panels, community service, or a combination of the aforementioned conditions;
(2) The term of probation shall not exceed five years and may be concluded by the court when conditions imposed are met to the satisfaction of the local volunteer community board.
6. The department may staff programs created pursuant to this section with employees of the department or may contract with other public or private agencies for delivery of services as otherwise provided by law.]
217.785. 1. As used in this section, the term "Missouri postconviction drug treatment program" means a program of noninstitutional and institutional correctional programs for the monitoring, control and treatment of certain drug abuse offenders.
2. The department of corrections shall establish by regulation the "Missouri Postconviction Drug Treatment Program". The program shall include noninstitutional and institutional placement. The institutional phase of the program may include any offender under the supervision and control of the department of corrections. The department shall establish rules determining how, when and where an offender shall be admitted into or removed from the program.
3. Any first-time offender who has pled guilty or been found guilty of violating the provisions of chapter 195, RSMo, or whose controlled substance abuse was a precipitating or contributing factor in the commission of his offense, and who is placed on probation may be required to participate in the noninstitutional phase of the program, which may include education, treatment and rehabilitation programs. Persons required to attend a program pursuant to this section may be charged a reasonable fee to cover the costs of the program. Failure of an offender to complete successfully the noninstitutional phase of the program shall be sufficient cause for the offender to be [remanded] referred to the sentencing court for assignment to the institutional phase of the program or any other authorized disposition.
4. A probationer shall be eligible for assignment to the institutional phase of the postconviction drug treatment program if he has failed to complete successfully the noninstitutional phase of the program. If space is available, the sentencing court may assign the offender to the institutional phase of the program as a special condition of probation, without the necessity of formal revocation of probation.
5. The availability of space in the institutional program shall be determined by the department of corrections. If the sentencing court is advised that there is no space available, then the court shall consider other authorized dispositions.
6. Any time after ninety days and prior to one hundred twenty days after assignment of the offender to the institutional phase of the program, the department shall submit to the court a report outlining the performance of the offender in the program. If the department determines that the offender will not participate or has failed to complete the program, the department shall advise the sentencing court, who shall cause the offender to be brought before the court for consideration of revocation of the probation or other authorized disposition. If the offender successfully completes the program, the department shall release the individual to the [appropriate probation and parole district office and so advise] jurisdiction of the court, which may thereafter provide for continuing supervision of the offender.
7. Time spent in the institutional phase of the program shall count as time served on the sentence.
217.800. 1. In all cases in which the governor is authorized by the constitution to grant pardons, he may grant the same, with such conditions and under such restrictions as he may think proper.
2. All applications for pardon, commutation of sentence or reprieve shall be referred to the board of parole for investigation. The board shall investigate each such case and submit to the governor a report of its investigation, with all other information the board may have relating to the applicant together with any recommendations the board deems proper to make.
3. The department of corrections shall notify the central repository, as provided in sections 43.500 to 43.530, RSMo, of any action of the governor granting a pardon, commutation of sentence, or reprieve.
217.810. 1. The governor is hereby authorized and directed to enter into the interstate compact for the supervision of parolees and probationers on behalf of the state of Missouri with the commonwealth of Puerto Rico, the Virgin Islands, the District of Columbia and any and all other states of the United States legally joining therein and pursuant to the provisions of an act of the Congress of the United States of America granting the consent of Congress to the commonwealth of Puerto Rico, the Virgin Islands, the District of Columbia and any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and for other purposes, which compact shall have as its objective the permitting of persons placed on probation or released on parole to reside in any other state signatory to the compact assuming the duties of visitation and supervision over such probationers and parolees; permitting the extradition and transportation without interference of prisoners, being retaken, through any and all states signatory to the compact under such terms, conditions, rules and regulations, and for such duration as in the opinion of the governor of this state shall be necessary and proper and in a form substantially as contained in subsection 2 of this section. The [chairman of the board] chief state supervisor of the division of probation and parole supervision shall administer the compact for the state.
2. INTERSTATE COMPACT FOR THE
SUPERVISION OF PAROLEES AND PROBATIONERS
This compact shall be entered into by and among the contracting states, signatories hereto, with the consent of the Congress of the United States of America, granted by an act entitled "An act granting the consent of Congress to any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and for other purposes."
The contracting states solemnly agree:
(1) That it shall be competent for the duly constituted judicial and administrative authorities of a state party to this compact (herein called "sending state") to permit any person convicted of an offense within such state and placed on probation or released on parole to reside in any other state party to this compact (herein called "receiving state"), while on probation or parole, if
(a) Such a person is in fact a resident of or has his family residing within the receiving state and can obtain employment there;
(b) Though not a resident of the receiving state and not having his family residing there, the receiving state consents to such person being sent there.
Before granting such permission, opportunity shall be granted to the receiving state to investigate the home and prospective employment of such person.
A resident of the receiving state, within the meaning of this section, is one who has been an actual inhabitant of such state continuously for more than one year prior to his coming to the sending state and has not resided within the sending state more than six continuous months immediately preceding the commission of the offense for which he has been convicted.
(2) The receiving state shall assume the duties of visitation and supervision over probationers or parolees of any sending state transferred under the compact and will apply the same standards of supervision that prevail for its own probationers and parolees.
(3) That duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived on the part of states party hereto, as to such persons. The decision of the sending state to retake a person on probation or parole shall be conclusive upon and not reviewable within the receiving state. Provided, however, that if at the time when a state seeks to retake a probationer or parolee there should be pending against him within the receiving state any criminal charge, or he should be suspected of having committed within such state a criminal offense, he shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense.
(4) That the duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states parties to this compact, without interference.
(5) Each state may designate an officer who, acting jointly with like officers of other contracting states shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact.
(6) That this compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state.
(7) That this compact shall continue in force and remain binding upon each executing state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees or probationers residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which executed it, by sending six months' notice in writing of its intention to withdraw from the compact to the other states party hereto.
3. If any section, sentence, subdivision or clause within subsection 2 of this section is for any reason held invalid or to be unconstitutional, such decision shall not affect the validity of the remaining provisions of that subsection or this section.
4. All necessary and proper expenses accruing as a result of a person being returned to this state by order of a court [or the board of probation and parole] shall be paid by the state as provided in section 548.241 or 548.243, RSMo.
549.500. All documents prepared or obtained in the discharge of official duties by any member or employee of the board of [probation and] parole shall be privileged and shall not be disclosed directly or indirectly to anyone other than members of the board [and other authorized
employees of the department pursuant to section 217.075, RSMo]. The board may at its discretion permit the inspection of the report or parts thereof by the offender or his attorney or other persons having a proper interest therein.
549.600. As used in sections 549.600 to 549.645, unless the context clearly indicates otherwise, the following terms mean:
(1) "Board", the board of parole established pursuant to section 549.603;
(2) "Chairman", chairman of the board of parole;
(3) "Parole", the release of an offender to the community under the jurisdiction of the court, by the court or the board of parole prior to the expiration of the offender's term of imprisonment, subject to conditions imposed by the court;
(4) "Probation", a procedure under which a defendant found guilty of a crime upon verdict or plea is released by the court without imprisonment, subject to conditions imposed by the court.
549.603. 1. Effective July 1, 2001, the board of probation and parole within the department of corrections shall be transferred to the office of administration with supervision by the office of administration only for budgeting and reporting as provided by subdivisions (4) and (5) of subsection 6 of section 1 of the Reorganization Act of 1974. Supervision by the office of administration shall not extend to matters relating to policies, regulative functions or appeals from decisions of the board of parole, and the commissioner of administration, any employee of the office of administration, or the governor, either directly or indirectly, shall not participate or interfere with the activities of the board in any manner not specifically provided by law and not in any manner interfere with the budget request of or withhold any moneys appropriated to the board of parole by the general assembly. Thereafter, the board of probation and parole shall be known as the "Board of Parole". The members of the board of probation and parole as it existed on June 30, 2001, the clerical and support staff which support the members of the board making parole and conditional release decisions regarding incarcerated offenders, and the institutional parole officers appointed pursuant to section 549.621, shall be transferred by the department of corrections to the board of parole on July 1, 2001. The members of the board of probation and parole as constituted on June 30, 2001, shall serve initial terms on the board of parole beginning on July 1, 2001, in the length of time equivalent to the remainder of their terms of office to which they were originally appointed as members of the board of probation and parole.
2. Effective July 1, 2001, all remaining personnel, property and equipment of the board of probation and parole within the department of corrections, as it existed on June 30, 2001, shall be transferred to the office of the state courts administrator; except as provided in subsection 1 of this section. In addition, an appropriate percentage determined pursuant to section 549.648 of the personnel, property and equipment of the administrative operations of the department of corrections allocable to the functions and activities of the board of probation and parole prior to July 1, 2001, shall be transferred to the office of the state courts administrator on that date.
3. On and after July 1, 2001, the circuit courts of this state shall assume primary responsibility and jurisdiction over offenders sentenced to probation and offenders formerly confined by the department of corrections who have been paroled or conditionally released by the board pursuant to section 549.618, or any preceding law to said effect. The state courts administrator shall allocate and assign probation and parole officers to the various courts of this state, in order to assist the courts in the duties provided by this subsection.
4. The state courts administrator shall establish a division within the office of the state courts administrator, to be known as the "Division of Probation and Parole Supervision", to be headed by a director to be known as the "Chief State Supervisor" of the division of probation and parole supervision. All probation and parole officers, and necessary support staff, shall be assigned to this division.
549.606. 1. The board shall consist of seven members appointed by the governor by and with the advice and consent of the senate.
2. Members of the board shall be persons of recognized integrity and honor, known to possess education and ability in decision making through career experience and other qualifications for the successful performance of their official duties. Not more than four members of the board shall be of the same political party.
3. At the expiration of the term of each member, the governor shall appoint a successor who shall hold office for a term of six years and until such member's successor has been appointed and qualified. Members may be appointed to succeed themselves.
4. Vacancies occurring in the office of any member shall be filled by appointment by the governor for the unexpired term.
5. The governor shall designate one member of the board as chairman. The chairman shall have charge of the board's operations, funds and expenditures. The chairman shall designate by order of record another member to act as chairman in the event of absence or sickness of the chairman, and during such time the member so appointed by the chairman shall possess all powers of the chairman.
6. Members of the board shall devote full time to the duties of their office and before taking office shall subscribe to an oath or affirmation to support the Constitution of the United States and the Constitution of the state of Missouri. The oath shall be signed in the office of the secretary of state.
7. The annual compensation for each member of the board shall be set in the same manner provided for officials of the executive departments, pursuant to section 105.950, RSMo; provided, however, that the compensation of a board member shall not be increased during the member's term of office, except as provided in section 476.490, RSMo. In addition to compensation provided by law, the members shall be entitled to reimbursement for necessary travel and other expenses incurred.
549.609. 1. The board shall adopt an official seal of which the courts shall take official notice.
2. Decisions of the board regarding granting of paroles or conditional releases shall be by a majority vote of the hearing panel members. The hearing panel shall consist of one member of the board and two hearing officers appointed by the board. A member of the board may remove the case from the jurisdiction of the hearing panel and refer it to the full board for a decision. Within thirty days of entry of the decision of the hearing panel to deny parole or conditional release, the offender may appeal the decision of the hearing panel to the board. The board shall consider the appeal within thirty days of receipt of the appeal. The decision of the board shall be by majority vote of the board members and shall be final.
3. The orders of the board shall not be reviewable except as to compliance with the terms of sections 549.606 to 549.633 or any policies promulgated pursuant to these sections.
4. The board shall keep a record of its acts and shall notify each correctional center of its decisions relating to persons who are or have been confined in such correctional center.
5. Notwithstanding any other provision of law, any meeting, record, or vote, of proceedings involving parole, conditional release or pardon may be a closed meeting, closed record or closed vote.
549.612. 1. The office and headquarters of the board shall be at a location in the capital city determined by the board, but shall not be located on the site of any correctional center.
2. Correctional centers shall provide to the board and its employees suitable space for interviews and hearings with offenders in the administration buildings of each correctional center.
549.615. The board shall appoint a secretary who shall serve at the pleasure of the board. The secretary shall keep a full and true record of all books, documents and papers ordered filed and of all orders made, approved and confirmed by the board. It shall be the responsibility of the secretary to provide administrative assistance to the board as it deems appropriate and necessary to carry out the goals of the board.
549.618. 1. The board shall be responsible for determining whether a person confined in the department shall be paroled or conditionally released as provided by section 558.011, RSMo.
2. When in its opinion there is reasonable probability that an offender of a correctional center can be released without detriment to the community or to himself, the board may in its discretion parole or conditionally release such person except as otherwise prohibited by law. All paroles and conditional releases shall issue upon order of the board, duly adopted. An order of the board granting parole or conditional release shall transfer custody of the offender from the department of corrections, and shall vest jurisdiction over the parolee or releasee in the court that originally sentenced the offender.
3. Before ordering the parole or conditional release of any offender, the board shall have the offender appear before a hearing panel and shall conduct a personal interview with the offender, unless waived by the offender. A parole or conditional release shall be ordered only when in the best interest of society. An offender shall be placed on parole or conditional release only when the board believes that the offender is able and willing to fulfill the obligations of a law-abiding citizen.
4. The board shall adopt written policies not inconsistent with law with respect to the eligibility of offenders for parole or conditional release and the conduct of hearings by the board.
5. When considering parole for an offender with consecutive sentences, the minimum term for eligibility for parole shall be calculated by adding the minimum terms for parole eligibility for each of the consecutive sentences, except the minimum term for parole eligibility shall not exceed the minimum term for parole eligibility for an ordinary life sentence.
6. Any offender under a sentence for first degree murder who has been denied parole after a hearing shall not be eligible for another hearing until at least three years from the month of the denial; however, this subsection shall not prevent a conditional release pursuant to section 558.011, RSMo.
7. Parole hearings shall, at a minimum, contain the following procedures:
(1) The victim or person representing the victim who attends a hearing may be accompanied by one other person;
(2) The victim or person representing the victim who attends a hearing shall have
the option of giving testimony in the presence of the inmate or to the hearing panel without the inmate being present;
(3) The victim or person representing the victim may call or write the parole board rather than attend the hearing;
(4) The victim or person representing the victim may have a personal meeting with a board member at the board's central office; and
(5) The prosecuting attorney or circuit attorney and a representative of the local law enforcement agency investigating the crime shall be allowed to attend the hearing or provide information to the hearing panel in regard to the parole consideration.
8. The board shall notify any person of the results of a parole eligibility hearing if the person indicates to the board a desire to be notified.
9. Nothing contained in this section shall be construed to require the parole or conditional release of an offender nor to reduce the sentence of an offender heretofore committed.
10. Beginning January 1, 2001, the board shall not order a parole or conditional release unless the offender has obtained a high school diploma or its equivalent, or unless the board is satisfied that the offender, while committed to the custody of the department of corrections, has made an honest good-faith effort to obtain a high school diploma or its equivalent; provided that this requirement may be waived if the director of the department of corrections certifies in writing to the board that the offender has actively participated in mandatory education programs or is academically unable to obtain a high school diploma or its equivalent.
549.621. 1. The chairman shall appoint institutional parole officers as deemed necessary to carry out the purposes of the board.
2. Institutional parole officers shall investigate all offenders referred to them for investigation by the board and shall provide the board such other reports the board may require. They shall furnish the offender prior to release on parole or conditional release a written statement of the general terms of parole or conditional release and shall instruct the offender regarding these conditions.
3. The board shall furnish institutional parole officers with credentials and a special badge which such officers shall carry on their person at all times while on duty.
549.624. 1. Members of the board, who are certified pursuant to the requirements of subsection 2 of this section shall have the authority to carry their firearms at all times. Mere possession of a firearm shall not constitute an employment activity for the purpose of determining whether a member is acting in the course and scope of the member's employment.
2. The superintendent of the state highway patrol shall determine the content of the required firearms safety training and provide firearms certification and recertification training for members of the board of parole.
3. Any member of the board that chooses to carry a firearm in the performance of such member's duties shall purchase the firearm, holster and ammunition, at the member's own expense.
549.627. When a court or other authority has issued a warrant against a person, the board may release the person on parole to answer the warrant of such court or authority.
549.630. 1. The period served on parole, except for judicial parole granted or revoked pursuant to section 559.100, RSMo, or on conditional release, shall be deemed service of the term of imprisonment and, subject to the provisions of section 549.633 relating to a parolee or releasee who is or has been a fugitive from justice, the total time served may not exceed the maximum term or sentence.
2. When a parolee, before the expiration of the term for which the offender was sentenced, has performed the obligation of such offender's parole for such time as satisfies the court that such offender's final release is not incompatible with the best interest of society and the welfare of the individual, the court may make a final order of discharge and issue a certificate of discharge to the parolee. No such order of discharge shall be made in any case less than three years after the date on which the parolee was paroled except where the sentence expires earlier.
549.633. 1. At any time during release on parole the court having jurisdiction over the parolee may issue a warrant for the arrest of a parolee or releasee for violation of any of the conditions of parole or conditional release. The warrant shall authorize any law enforcement officer to return the parolee or releasee to the actual custody of the correctional center from which the parolee or releasee was released, or to any other suitable facility designated by the court. If any parole or probation officer has probable cause to believe that such parolee or releasee has violated a condition of parole or conditional release, the probation or parole officer may issue a warrant for the arrest of the parolee or releasee. The probation or parole officer may effect the arrest or may deputize any officer with the power of arrest to do so by giving the officer a copy of the warrant which shall outline the circumstances of the alleged violation and contain the statement that the parolee or releasee has, in the judgment of the probation or parole officer, violated conditions of parole or conditional release. The warrant delivered with the parolee or releasee by the arresting officer to the official in charge of any facility designated by the court to which the parolee or releasee is brought shall be sufficient legal authority for detaining the parolee or releasee. After the arrest the parole or probation officer shall present to the detaining authorities a similar statement of the circumstances of violation. Pending hearing as hereinafter provided, upon any charge of violation, the parolee or releasee shall remain in custody or incarcerated without consideration of bail.
2. If the parolee or releasee is arrested under the authority granted in subsection 1 of this section, the parolee or releasee shall have the right to a preliminary hearing on the violation charged unless the parolee or releasee waives such hearing. Upon such arrest and detention, the parole or probation officer shall immediately notify the court and shall submit in writing a report showing in what manner the parolee or releasee has violated the conditions of his parole or conditional release. The court shall order the parolee or releasee discharged from such facility, require as a condition of parole or conditional release the placement of the parolee or releasee in a treatment center operated by the department of corrections, or shall cause the parolee or releasee to be brought before it for a hearing on the violation charged. If the violation is established and found, the court may continue or revoke the parole or conditional release, or enter such other order as is appropriate. If no violation is established and found, then the parole or conditional release shall continue. If at any time during release on parole or conditional release, the parolee or releasee is arrested for a crime which later leads to conviction, and sentence is then served outside the Missouri department of corrections, the court shall determine what part, if any, of the time from the date of arrest until completion of the sentence imposed is counted as time served under the sentence from which the parolee or releasee was paroled or conditionally released.
3. A parolee or releasee for whose return a warrant has been issued by the court shall, if it is found that the warrant cannot be served, be deemed to be a fugitive from justice or to have fled from justice. If it shall appear that the parolee or releasee has violated the provisions and conditions of such person's parole or conditional release, the court shall determine whether the time from the issuing date of the warrant to the date of such person's arrest on the warrant shall be counted as time served under the sentence. In all other cases, time served on parole or conditional release shall be counted as time served under the sentence.
4. At any time during parole or probation, the court may issue a warrant for the arrest of any person from another jurisdiction, the visitation and supervision of whom the court has undertaken pursuant to the provisions of the interstate compact for the supervision of parolees and probationers authorized in section 217.810, RSMo, for violation of any of the conditions of release, or a notice to appear to answer a charge of violation. The notice shall be served personally upon the person. The warrant shall authorize any law enforcement officer to return the person to any suitable detention facility designated by the court. Any parole or probation officer may arrest such person without a warrant, or may deputize any other officer with power of arrest to do so by issuing a written statement setting forth that the person has, in the judgment of the parole or probation officer, violated the conditions of such person's parole. The written statement delivered with the person by the arresting officer to the official in charge of the detention facility to which the person is brought shall be sufficient legal authority for detaining the person. After making an arrest the parole or probation officer shall present to the detaining authorities a similar statement of the circumstances of violation.
549.636. 1. If any probation officer has probable cause to believe that the person on probation has violated a condition of probation, the probation officer may request the court that placed the person on probation to issue a warrant for the arrest of the person on probation. The officer may effect the arrest or may deputize any other officer with the power of arrest to do so by giving the officer a copy of the warrant. The request to the court shall outline the circumstances of the alleged violation and contain the statement that the person on probation has, in the judgment of the probation officer, violated the conditions of probation. The warrant delivered with the offender by the arresting officer to the official in charge of any jail or other detention facility shall be sufficient authority for detaining the person on probation pending a preliminary hearing on the alleged violation. Other provisions of law relating to release on bail of persons charged with criminal offenses shall be applicable to persons detained on alleged probation violations.
2. Any person on probation arrested under the authority granted in subsection 1 of this section shall have the right to a preliminary hearing on the violation charged as long as the person on probation remains in custody or unless the person on probation waives such hearing. The person on probation shall be notified immediately in writing of the alleged probation violation. The preliminary hearing shall be heard by the court which placed the person on probation. Such preliminary hearings shall be conducted as provided by rule of court. If it appears that there is probable cause to believe that the person on probation has violated a condition of probation, or if the person on probation waives the preliminary hearing, the judge shall order the person on probation held for further proceedings. If probable cause is not found, the court shall not be barred from holding a hearing on the question of the alleged violation of a condition of probation nor from ordering the person on probation to be present at such a hearing.
3. Upon such arrest and detention, the court shall cause the person on probation to be brought before it without unnecessary delay for a hearing on the violation charged. Revocation hearings shall be conducted as provided by rule of court.
549.639. 1. In all felony cases, and class A misdemeanor cases based on violations of any provision of chapters 565, 566, and 570, RSMo, and section 577.023, RSMo, at the request of the court, probation and parole officers shall make an investigation of the person convicted of the crime or offense before sentence is imposed.
2. The report of the presentence investigation shall contain any prior criminal record of the defendant and such information about the defendant's characteristics, the defendant's financial condition, the defendant's social history and the circumstances affecting the defendant's behavior as may be helpful in imposing sentence or in granting probation or in the correctional treatment of the defendant, as well as a recommendation by the probation and parole officer. The officer shall secure such other information as may be required by the court and if practicable and needed, such investigation shall include a physical and mental examination of the defendant.
549.642. 1. Prior to sentencing any defendant convicted of a felony which resulted in serious physical injury or death to the victim, the court may order that a presentence investigation be conducted by probation and parole officers.
2. The presentence investigation shall include a victim impact statement if the defendant caused physical, psychological, or economic injury to the victim.
3. If the court does not order a presentence investigation, the prosecuting attorney may prepare a victim impact statement to be submitted to the court. The court shall consider the victim impact statement in determining the appropriate sentence, and in entering any order of restitution to the victim.
4. A victim impact statement shall:
(1) Identify the victim of the offense;
(2) Itemize any economic loss suffered by the victim as a result of the offense;
(3) Identify any physical injury suffered by the victim as a result of the offense, along with its seriousness and permanence;
(4) Describe any change in the victim's personal welfare or familial relationships as a result of the offense;
(5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense; and
(6) Contain any other information related to the impact of the offense upon the victim that the court requires.
549.645. 1. Duly appointed and authorized probation and parole officers who are certified pursuant to the requirements of subsection 2 of this section shall have the authority to carry their firearms at all times, except within any courtroom or its curtilage
as provided by court rule. Mere possession of a firearm shall not constitute an employment activity for the purpose of determining whether an officer is acting in the course and scope of the officer's employment.
2. The superintendent of the state highway patrol shall determine the content of the required firearms safety training and provide firearms certification and recertification training for probation and parole officers.
3. Any probation and parole officer who chooses to carry a firearm in the performance of such officer's duties shall purchase the firearm, holster and ammunition, at the officer's own expense.
558.011. 1. The authorized terms of imprisonment, including both prison and conditional release terms, are:
(1) For a class A felony, a term of years not less than ten years and not to exceed thirty years, or life imprisonment;
(2) For a class B felony, a term of years not less than five years and not to exceed fifteen years;
(3) For a class C felony, a term of years not to exceed seven years;
(4) For a class D felony, a term of years not to exceed five years;
(5) For a class A misdemeanor, a term not to exceed one year;
(6) For a class B misdemeanor, a term not to exceed six months;
(7) For a class C misdemeanor, a term not to exceed fifteen days.
2. In cases of class C and D felonies, the court shall have discretion to imprison for a special term not to exceed one year in the county jail or other authorized penal institution, and the place of confinement shall be fixed by the court. If the court imposes a sentence of imprisonment for a term longer than one year upon a person convicted of a class C or D felony, it shall commit the person to the custody of the department of corrections for a term of years not less than two years and not exceeding the maximum authorized terms provided in subdivisions (3) and (4) of subsection 1 of this section.
3. (1) When a regular sentence of imprisonment for a felony is imposed, the court shall commit the defendant to the custody of the department of corrections for the term imposed under section 557.036, RSMo, or until released under procedures established elsewhere by law.
(2) A sentence of imprisonment for a misdemeanor shall be for a definite term and the court shall commit the defendant to the county jail or other authorized penal institution for the term of his sentence or until released under procedure established elsewhere by law.
4. (1) A sentence of imprisonment for a term of years for felonies other than dangerous felonies as defined in section 556.061, RSMo, and other than sentences of imprisonment which involve the individual's fourth or subsequent remand to the department of corrections shall consist of a prison term and a conditional release term. The conditional release term of any term imposed under section 557.036, RSMo, shall be:
(a) One-third for terms of nine years or less;
(b) Three years for terms between nine and fifteen years;
(c) Five years for terms more than fifteen years; and the prison term shall be the remainder of such term. The prison term may be extended by the board of probation and parole pursuant to subsection 5 of this section.
(2) "Conditional release" means the conditional discharge of an offender by the board of [probation and] parole, subject to conditions of release that the [board] sentencing court deems reasonable to assist the [offender] releasee to lead a law-abiding life, and subject to the supervision [under] of the [state board of probation and parole] court which originally imposed the criminal sentence. The conditions of release shall include avoidance by the offender of any other crime, federal or state, and other conditions that the [board] court in its discretion deems reasonably necessary to assist the releasee in avoiding further violation of the law. All provisions relating to consideration, release, supervision, detention and discharge of parolees, and modification and revocation of parole, shall otherwise apply to offenders who have been conditionally released.
5. The date of conditional release from the prison term may be extended up to a maximum of the entire sentence of imprisonment by the board of [probation and] parole. The director of any division of the department of corrections [except the board of probation and parole] may file with the board of [probation and] parole a petition to extend the conditional release date when an offender fails to follow the rules and regulations of the division or commits an act in violation of such rules. [Within ten working days of receipt of the petition to extend the conditional release date, the board of probation and parole shall convene a hearing on the petition. The offender shall be present and may call witnesses in his behalf and cross-examine witnesses appearing against him. The hearing shall be conducted as provided in section 217.670, RSMo. If the violation occurs in close proximity to the conditional release date, the conditional release may be held for a maximum of fifteen working days to permit necessary time for the division director to file a petition for an extension with the board and for the board to conduct a hearing, provided some affirmative manifestation of an intent to extend the conditional release has occurred prior to the conditional release date. If at the end of a fifteen-working-day period a board decision has not been reached, the offender shall be released conditionally.] The board of parole shall consider such petition at the time that the offender becomes eligible for release pursuant to subsection 4 of this section. The decision of the board shall be final.
558.019. 1. This section shall not be construed to affect the powers of the governor under article IV, section 7, of the Missouri Constitution. This statute shall not affect those provisions of section 565.020, RSMo, section 558.018 or section 571.015, RSMo, which set minimum terms of sentences, or the provisions of section 559.115, RSMo, relating to probation.
2. The provisions of this section shall be applicable to all classes of felonies except those set forth in chapter 195, RSMo, and those otherwise excluded in subsection 1 of this section. For the purposes of this section, "prison commitment" means and is the receipt by the department of corrections of a defendant after sentencing. For purposes of this section, prior prison commitments to the department of corrections shall not include commitment to a regimented discipline program established pursuant to section 217.378, RSMo. Other provisions of the law to the contrary notwithstanding, any defendant who has pleaded guilty to or has been found guilty of a felony other than a dangerous felony as defined in section 556.061, RSMo, and is committed to the department of corrections shall be required to serve the following minimum prison terms:
(1) If the defendant has one previous prison commitment to the department of corrections for a felony offense, the minimum prison term which the defendant must serve shall be forty percent of his sentence or until the defendant attains seventy years of age, and has served at least forty percent of the sentence imposed, whichever occurs first;
(2) If the defendant has two previous prison commitments to the department of corrections for felonies unrelated to the present offense, the minimum prison term which the defendant must serve shall be fifty percent of his sentence or until the defendant attains seventy years of age, and has served at least forty percent of the sentence imposed, whichever occurs first;
(3) If the defendant has three or more previous prison commitments to the department of corrections for felonies unrelated to the present offense, the minimum prison term which the defendant must serve shall be eighty percent of his sentence or until the defendant attains seventy years of age, and has served at least forty percent of the sentence imposed, whichever occurs first.
3. Other provisions of the law to the contrary notwithstanding, any defendant who has pleaded guilty to or has been found guilty of a dangerous felony as defined in section 556.061, RSMo, and is committed to the department of corrections shall be required to serve a minimum prison term of eighty-five percent of the sentence imposed by the court or until the defendant attains seventy years of age, and has served at least forty percent of the sentence imposed, whichever occurs first.
4. For the purpose of determining the minimum prison term to be served, the following
calculations shall apply:
(1) A sentence of life shall be calculated to be thirty years;
(2) Any sentence either alone or in the aggregate with other consecutive sentences for crimes committed at or near the same time which is over seventy-five years shall be calculated to be seventy-five years.
5. For purposes of this section, the term "minimum prison term" shall mean time required to be served by the defendant before he is eligible for parole, conditional release or other early release by the department of corrections. Except that the board of [probation and] parole, in the case of consecutive sentences imposed at the same time pursuant to a course of conduct constituting a common scheme or plan, shall be authorized to [convert] consider consecutive sentences [to] as concurrent sentences, when the board finds, after hearing with notice to the prosecuting or circuit attorney, that the sum of the terms results in an unreasonably excessive total term, taking into consideration all factors related to the crime or crimes committed and the sentences received by others similarly situated.
6. (1) A sentencing advisory commission is hereby created to consist of eleven members. One member shall be appointed by the speaker of the house. One member shall be appointed by the president pro tem of the senate. One member shall be the director of the department of corrections. Six members shall be appointed by and serve at the pleasure of the governor from among the following: the public defender commission; private citizens; a private member of the Missouri Bar; the board of [probation and] parole; and a prosecutor. Two members shall be appointed by the supreme court, one from a metropolitan area and one from a rural area. All members of the sentencing commission appointed prior to August 28, 1994, shall continue to serve on the sentencing advisory commission at the pleasure of the governor.
(2) The commission shall study sentencing practices in the circuit courts throughout the state for the purpose of determining whether and to what extent disparities exist among the various circuit courts with respect to the length of sentences imposed and the use of probation for defendants convicted of the same or similar crimes and with similar criminal histories. The commission shall also study and examine whether and to what extent sentencing disparity among economic and social classes exists in relation to the sentence of death and if so, the reasons therefor. It shall compile statistics, examine cases, draw conclusions, and perform other duties relevant to the research and investigation of disparities in death penalty sentencing among economic and social classes.
(3) The commission shall establish a system of recommended sentences, within the statutory minimum and maximum sentences provided by law for each felony committed under the laws of this state. This system of recommended sentences shall be distributed to all sentencing courts within the state of Missouri. The recommended sentence for each crime shall take into account, but not be limited to, the following factors:
(a) The nature and severity of each offense;
(b) The record of prior offenses by the offender;
(c) The data gathered by the commission showing the duration and nature of sentences imposed for each crime; and
(d) The resources of the department of corrections and other authorities to carry out the punishments that are imposed.
(4) The commission shall publish and distribute its system of recommended sentences on or before July 1, 1995. The commission shall study the implementation and use of the system of recommended sentences until July 1, 1998, and return a final report to the governor, the speaker of the house of representatives, and the president pro tem of the senate. Following the July 1, 1998, report, the commission may revise the recommended sentences every three years.
(5) The governor shall select a chairperson who shall call meetings of the commission as required or permitted pursuant to the purpose of the sentencing commission.
(6) The members of the commission shall not receive compensation for their duties on the commission, but shall be reimbursed for actual and necessary expenses incurred in the performance of these duties and for which they are not reimbursed by reason of their other paid positions.
(7) The circuit and associate circuit courts of this state, the office of the state courts administrator, the department of public safety, and the department of corrections shall cooperate with the commission by providing information or access to information needed by the commission. The office of the state courts administrator will provide needed staffing resources.
7. The provisions of this section shall apply only to offenses occurring on or after August 28, 1994.
558.026. 1. Multiple sentences of imprisonment shall run concurrently unless the court specifies that they shall run consecutively; except that, in the case of multiple sentences of imprisonment imposed for the felony of rape, forcible rape, sodomy, forcible sodomy or an attempt to commit any of the aforesaid and for other offenses committed during or at the same time as that rape, forcible rape, sodomy, forcible sodomy or an attempt to commit any of the aforesaid, the sentences of imprisonment imposed for the other offenses may run concurrently, but the sentence of imprisonment imposed for the felony of rape, forcible rape, sodomy, forcible sodomy or an attempt to commit any of the aforesaid shall run consecutively to the other sentences.
2. If a person who is on probation, parole or conditional release is sentenced to a term of imprisonment for an offense committed after the granting of probation or parole or after the start of his conditional release term, the court shall direct the manner in which the sentence or sentences imposed by the court shall run with respect to any resulting probation, parole or conditional release revocation term or terms. If the subsequent sentence to imprisonment is in another jurisdiction, the court shall specify how any resulting probation, parole or conditional release revocation term or terms shall run with respect to the foreign sentence of imprisonment.
3. A court may cause any sentence it imposes to run concurrently with a sentence an individual is serving or is to serve in another state or in a federal correctional center. If the Missouri sentence is served in another state or in a federal correctional center, subsection 4 of section 558.011 and section [217.690] 549.618, RSMo, shall apply as if the individual were serving his sentence within the department of corrections of the state of Missouri, except that a personal hearing before the board of [probation and] parole shall not be required for parole consideration.
558.031. 1. A sentence of imprisonment shall commence when a person convicted of a crime in this state is received into the custody of the department of corrections or other place of confinement where the offender is sentenced. Such person shall receive credit toward the service of a sentence of imprisonment for all time in prison, jail or custody after the offense occurred and before the commencement of the sentence, when the time in custody was related to that offense, except:
(1) Such credit shall only be applied once when sentences are consecutive;
(2) Such credit shall only be applied if the person convicted was in custody in the state of Missouri, unless such custody was compelled exclusively by the state of Missouri's action; and
(3) As provided in section 559.100, RSMo.
2. The officer required by law to deliver a person convicted of a crime in this state to the department of corrections shall endorse upon the papers required by section 217.305, RSMo, both the dates the offender was in custody and the period of time to be credited toward the service of the sentence of imprisonment, except as endorsed by such officer.
3. If a person convicted of a crime escapes from custody, such escape shall interrupt the sentence. The interruption shall continue until such person is returned to the correctional center where the sentence was being served, or in the case of a person committed to the custody of the department of corrections, to any correctional center operated by the department of corrections. An escape shall also interrupt the jail time credit to be applied to a sentence which had not commenced when the escape occurred.
4. If a sentence of imprisonment is vacated and a new sentence imposed upon the offender for that offense, all time served under the vacated sentence shall be credited against the new sentence, unless the time has already been credited to another sentence as provided in subsection 1 of this section.
5. If a person released from imprisonment on parole or serving a conditional release term violates any of the conditions of his parole or release, he may be treated as a parole violator. If the [board of probation and parole] court revokes the parole or conditional release, the paroled person shall serve the remainder of the prison term and conditional release term, as an additional prison term, and the conditionally released person shall serve the remainder of the conditional release term as a prison term, unless released on parole.
558.046. The sentencing court may, upon petition, reduce any term of sentence or probation [pronounced by the court or a], term of conditional release or parole [pronounced by the state board of probation and parole] if the court determines that:
(1) The convicted person was:
(a) Convicted of a crime that did not involve violence or the threat of violence; and
(b) Convicted of a crime that involved alcohol or illegal drugs; and
(2) Since the commission of such crime, the convicted person has successfully completed a detoxification and rehabilitation program; and
(3) The convicted person is not:
(a) A prior offender, a persistent offender, a dangerous offender or a persistent misdemeanor offender as defined by section 558.016; or
(b) A persistent sexual offender as defined in section 558.018; or
(c) A prior offender, a persistent offender or a class X offender as defined in section 558.019.
559.125. 1. The clerk of the court shall keep in a permanent file all applications for probation or parole by the court, and shall keep in such manner as may be prescribed by the court complete and full records of all presentence investigations requested, probations or paroles granted, revoked or terminated and all discharges from probations or paroles. All court orders relating to any presentence investigation requested and probation or parole granted under the provisions of this chapter and sections 558.011 and 558.026, RSMo, shall be kept in a like manner[, and, if the defendant subject to any such order is subject to an investigation or is under the supervision of the state board of probation and parole, a copy of the order shall be sent to the board. In any county where a parole board ceases to exist, the clerk of the court shall preserve the records of that board].
2. Information and data obtained by a probation or parole officer shall be privileged information and shall not be receivable in any court. Such information shall not be disclosed directly or indirectly to anyone other than [the members of a parole board and] the judge entitled to receive reports, except the court [or the board] may in its discretion permit the inspection of the report, or parts of such report, by the defendant, or offender or his attorney, or other person having a proper interest therein.
3. The provisions of subsection 2 of this section notwithstanding, the presentence investigation report shall be made available to the state and all information and data obtained in connection with preparation of the presentence investigation report may be made available to the state at the discretion of the court upon a showing that the receipt of the information and data is in the best interest of the state.
559.600. [In cases where the board of probation and parole is not required under section 217.750, RSMo, to provide probation supervision and rehabilitation services for misdemeanor offenders,] The circuit and associate circuit judges in a circuit may contract with one or more private entities to provide [such services] probation supervision and rehabilitation services for offenders under the jurisdiction of the court. The court-approved private entity shall act as a misdemeanor probation office in that circuit and shall, pursuant to the terms of the contract, supervise persons placed on probation by the [judges for class A, B, and C misdemeanor offenses, specifically including persons placed on probation for violations of section 577.023, RSMo. Nothing in sections 559.600 to 559.615 shall be construed to prohibit the board of probation and parole, or the court, from supervising misdemeanor offenders in a circuit where the judges have entered into a contract with a private probation entity] court.
559.602. A private entity seeking to provide probation supervision and rehabilitation services to misdemeanor offenders shall make timely written application to the judges in a circuit. [When approved by the judges of a circuit, the application, the judicial order of approval and the contract shall be forwarded to the board of probation and parole.] The contract shall contain the responsibilities of the private entity, including the offenses for which persons will be supervised. [The board may then withdraw supervision of misdemeanor offenders which are to be supervised by the court-approved private entity in that circuit.]
559.607. 1. Judges of the municipal division in any circuit, acting through a chief or presiding judge, may contract with a private entity to provide probation and rehabilitation services for persons placed on probation for violation of any ordinance of the city, specifically including the offense of operating or being in physical control of a motor vehicle while under the influence of intoxicating liquor or narcotic drugs. The contracting city shall not be required to pay for any part of the cost of probation and rehabilitation services authorized under sections 559.600 to 559.615. Persons found guilty or pleading guilty to ordinance violations and placed on probation by municipal or city court judges shall contribute to the cost of their probation supervision as provided for in section 559.604.
2. [When approved by municipal court judges in a circuit, the application, judicial order of approval, and the contract shall be forwarded to and filed with the board of probation and parole.] The court-approved private entity shall then function as the probation office for the city, pursuant to the terms of the contract and the terms of probation ordered by the judge. Any city in this state which presently does not have probation services available for persons convicted of its ordinance violations, may, under the procedures authorized in sections 559.600 to 559.615, contract with a private entity to provide such probation supervision and rehabilitation services.
566.140. Any person who has pleaded guilty to or been found guilty of violating the provisions of this chapter, and is granted a suspended imposition or execution of sentence or placed [under the supervision of the board of probation and parole] on probation shall be required to participate in a program of treatment, education and rehabilitation designed for perpetrators of sexual offenses. Persons required to attend a program pursuant to this section may be charged a reasonable fee to cover the costs of such program.
568.120. 1. Any person who has pleaded guilty to or been found guilty of violating the provisions of section 568.020, 568.060, 568.080 or 568.090, and who is granted a suspended imposition or execution of sentence, or placed [under the supervision of the board of probation and parole] on probation, shall be required to participate in an appropriate program of treatment, education and rehabilitation. Persons required to attend a program pursuant to this section may be charged a reasonable fee to cover the costs of such program.
2. Notwithstanding other provisions of law to the contrary, any person who has previously pleaded guilty to or been found guilty of violating the provisions of sections 568.020, 568.060, 568.080 and 568.090, and who subsequently pleads guilty or is found guilty of violating any one of the foregoing sections, shall not be granted a suspended imposition of sentence, a suspended execution of sentence, nor probation by the circuit court for the subsequent offense.
Section B. The provisions of section A of this act shall become effective July 1, 2001.
Section C. Chapter 549, RSMo, is amended by adding thereto one new section, to be known as section 549.648, to read as follows:
549.648. 1. Prior to October 1, 2000, the director of the department of corrections shall deliver to the state courts administrator a written report, which shall provide the following information:
(1) A list of all persons employed by the board of probation and parole on January 1, 2000, indicating each person's job title, position on the uniform state personnel classification system and salary as of January 1, 2000;
(2) A list of all persons employed by the board of probation and parole on January 1, 2000, who have terminated their employment with the board or transferred to another position with the department of corrections subsequent to that date and prior to the date of the report, and describing the reasons and circumstances for such termination, if known, and stating whether such persons are employed in other divisions of the department of corrections;
(3) A list of all items of property or interests in property, whether real, personal or intangible, allocable to the operations of the board of probation and parole, whether in whole or part, that is transferred to any other division of, or use within, the department of corrections between January 1, 2000, and the date of the report;
(4) A list of all persons employed by the board of probation and parole who have received, between July 1, 2000, and the date of the report, an increase in compensation in any amount other than the uniform general increase in compensation afforded all state employees pursuant to section 105.005, RSMo, and the reasons for such increase.
2. On January 1, 2001, and again, on April 1, 2001, and still again, on July 1, 2001, the director of the department of corrections shall deliver to the state courts administrator a written report containing the information described in subsection 1 of this section encompassing activities within the department between the date of the last such report and the date of the current report.
3. Copies of the reports the director of the department of corrections made pursuant to subsections 1 and 2 of this section shall also be delivered to the division of budget and planning of the office of administration and the chair of the joint committee on corrections within the general assembly.
4. Prior to October 1, 2000, the director of the department of corrections and the state courts administrator shall meet and confer regarding the personnel, property and equipment, including leasehold interests and fixed assets, of the administrative components of the department of corrections allocable to the functions and activities of the board of probation and parole, to be transferred to the state courts administrator on July 1, 2001. In the event that the director and the state courts administrator disagree regarding resolution of these issues, each shall prepare a written proposal describing the personnel, property and equipment each proposes to be transferred, and shall submit such proposals to the commissioner of administration and the chairs of the appropriations and budget committees in the house of representatives which consider the judiciary and department of corrections budgets, and to the chair of the appropriations committee in the senate.
5. The director of the department of corrections shall assign senior and midlevel management staff of the
department to work with the state courts administrator with respect to the transfer of the board of probation and
parole to the judicial branch, beginning on August 28, 2000, and continuing until the transfer is complete. A list of
names and titles of such staff shall be delivered to the state courts administrator, the division of budget and
planning of the office of administration and the chair of the joint committee on corrections of the general assembly
by September 1, 2000.
Missouri House of Representatives