0515S.08F

To amend chapter 221, RSMo, by adding thereto one new section relating to the release of individuals from custody.

Section A. Chapter 221, RSMo, is amended by adding thereto one new section, to be known as section 221.510, to read as follows:

221.510. 1. Every chief law enforcement official, sheriff, jailer, department of corrections official and regional jail district official shall conduct an inquiry of pending outstanding warrants for misdemeanors and felonies through the Missouri Uniform Law Enforcement System (MULES) and the National Crime Information Center (NCIC) System on all prisoners about to be released, whether convicted of a crime or being held on suspicion of charges.

2. No prisoner, whether convicted of a crime or being held on suspicion of any charge, shall be released or transferred from a correctional facility, jail to any other facility prior to having a local, state or federal warrant check conducted by a law enforcement official, sheriff or authorized member of a correctional facility or jailer.

3. If any prisoner warrant check indicates outstanding charges or outstanding warrants from another jurisdiction, it shall be the duty of the official conducting the warrant check to inform the agency that issued the warrant that the correctional facility or jail has such prisoner in custody. That prisoner shall not be released except to the custody of the jurisdictional authority that had issued the warrant, unless the warrant has been satisfied or dismissed, or unless the warrant issuing agency has notified the correctional facility or jail holding the prisoner that the agency does not wish the prisoner to be transferred or the warrant to be pursued.

4. Any person may make a report to the attorney general's office and the prosecuting attorney for the county of jurisdiction, who may notify the Missouri state highway patrol for violations of this section. The highway patrol shall conduct an investigation. If, in the opinion of the superintendent of the Missouri highway patrol, the investigation yields reasonable grounds to believe that a violation of this section is occurring or has occurred, such person shall refer that information to either the attorney general of the state of Missouri or the prosecuting attorney of the county where the violation is alleged to have occurred.

5. If a law enforcement official, sheriff or authorized member of the correctional facility or jail fails to perform a warrant check which results in the release of a prisoner with outstanding warrants, that individual shall be guilty of an infraction.