HB 407 -- OFFENDER TREATMENT PROGRAMS

CO-SPONSORS:  Smith (118), Hampton, Ward, Black, Bearden

COMMITTEE ACTION:  Voted "do pass by consent" by the Committee on
Corrections and State Institutions by a vote of 14 to 0.

This bill adds alcohol treatment programs to the long-term
substance abuse treatment programs to which offenders may be
sentenced in lieu of incarceration.  The term of sentences for
offenders admitted in these programs will be at least 12 months
and no more than 24 months.

The bill further requires prior notification by the Division of
Probation and Parole to the sentencing court of an offender's
completion of a substance abuse program.  At that point, the
court will determine whether the offender should be placed on
probation or have his or her sentence executed.

The bill also allows courts to place offenders with the
Department of Corrections in the department's 120-day program.
When the department has determined that an offender has
successfully completed a program, the offender will be released
on probation.

If the department determines that an offender has not been
successful in the 120-day program, the department will notify the
sentencing court, and the court must determine the future of the
offender.  In the case of sex offenders, only the court may make
the determination regarding probation.  The court is authorized
to request information and recommendations from the department
regarding the potential of sex offenders to reoffend when
determining probation.

The participation and completion of a 120-day program will not be
considered time served in determining the length of an offender's
sentence.

FISCAL NOTE:  Estimated Net Savings to General Revenue Fund of
$908,197 in FY 2004, $2,155,169 in FY 2005, and $2,494,252 in FY
2006.

PROPONENTS:  Supporters say that currently the department has no
long-term treatment program.  The bill allows the Department of
Corrections to make the determinations and place offenders in
appropriate drug and alcohol treatment programs.  There have also
been problems with offenders being placed in 120-day shock
treatment programs.  In certain cases, at the end of the program
the court has not responded to the department's request for
disposition of sentence and the offender remains with the
department to serve the entire sentence, thereby wasting
treatment and needed bed space.  The bill would make the courts
more responsive to these cases where offenders have been placed
in shock treatment.

Testifying for the bill were Representative Smith (118);
Department of Corrections; and Missouri Catholic Conference.

OPPONENTS:  There was no opposition voiced to the committee.

Bob Dominique, Legislative Analyst

Missouri House of Representatives
Last Updated July 25, 2003 at 10:11 am