0621S.06F
To repeal sections 217.305 and 217.380, RSMo, and to enact in lieu thereof five new sections relating to the department of corrections.
Section A. Sections 217.305 and 217.380, RSMo, are repealed and five new sections enacted in lieu thereof, to be known as sections 217.105, 217.305, 217.343, 217.380, and 1, to read as follows:
217.105. 1. As used in this section, the following terms mean:
(1) "Director", the director of the Missouri department of corrections or his or her designated agent or representative;
(2) "Corrections officer", a corrections officer of the state or any political subdivision of the state;
(3) "COCC", corrections officer certification commission.
2. There is hereby established within the department of corrections a "Corrections Officer Certification Commission" which shall be composed of nine members nominated by the director and appointed by the governor with the advice and consent of the senate:
(1) Three members shall be department of corrections officers below the rank of lieutenant; of which, at least two will be members of a statewide association of corrections officers with more than one thousand members;
(2) Three members shall be corrections officers or supervisors above the rank of sergeant; two of which must be the rank of lieutenant or captain. Of these three, at least one will be a member of a statewide association of corrections officers with more than one thousand members;
(3) Two members shall be county sheriffs, at least one of whom shall be from a third class county; and
(4) One member shall represent the general public.
3. Each member shall be at the time of appointment a citizen of the United States and a resident of this state for a period of at least one year.
4. The original members of the commission shall be appointed as follows:
(1) Three for terms of one year;
(2) Three for terms of two years; and
(3) Three for terms of three years.
Thereafter, all terms of membership on the commission shall be for three years or until a successor is appointed.
5. The director may remove any member of the commission for misconduct or neglect of office. Any member of the commission may be removed for cause by the director but such member shall first be presented with a written statement of the reasons thereof.
6. Any vacancy in the membership of the commission shall be filled by appointment for the unexpired term.
7. Annually the director shall appoint one of the members as chairperson. The commission shall meet to perform its duties at least once each year as determined by the director or a majority of the members. A majority of the members of the commission shall constitute a quorum.
8. No member of the commission shall receive any compensation for the performance of official duties but the members shall be reimbursed for their necessary expenses.
9. The commission may:
(1) Cause a job task analysis to be made of the jobs of corrections officers pursuant to this chapter; jailers pursuant to chapter 221, RSMo; jailers in charter counties and private jail custody staff;
(2) Make recommendations to the department of corrections, the legislature, or the governor concerning the qualifications, training, testing, and certification of corrections officers, jailers and private jail custody staff;
(3) Recommend qualifications and training standards for corrections officers pursuant to this chapter, jailers pursuant to chapter 221, RSMo, and jailers in charter counties.
10. The director may establish various classes of corrections officers certification.
11. The name, certification status, and employing corrections agency of any of the applicants or individuals certified pursuant to this chapter shall be open record. All other records retained by the director pertaining to any applicant or certified officer shall be confidential and shall not be disclosed to the public or any member of the public, except with the written consent of the person or entity whose records are involved, provided, however, that the director may disclose such information in the course of interstate exchange of information, during the course of litigation involving the director or to other state agencies. No closed record conveyed to the director pursuant to this chapter shall lose its status as a closed record solely because it is retained by the director. Nothing in this chapter shall be used to compel the director to disclose any record subject to attorney-client privilege or work-product privilege.
217.305. 1. The sheriff or other officer charged with the delivery of persons committed to the department for confinement in a correctional center shall deliver the person to the reception and diagnostic center designated by the director at times and dates as designated by the director and shall receive a certificate of delivery of the offender from the center.
2. Appropriate information relating to the offender shall be provided to the department in a written or electronic format, at or before the time the offender is delivered to the department, including, but not limited to:
(1) A copy of the sentence received from the clerk of the sentencing court. If provided in written form, this document shall be certified by the court on the standardized form developed by the office of state courts administrator. Such form shall include specifics on any status violated, court-ordered probation not supervised by the department, the offense cycle number and any court-ordered restitution owed to the victim;
(2) [All other judgment, sentencing and commitment orders of the court, or such documents as authorized by the prosecuting attorney or circuit attorney or required by the department;
(3) Further] Available information provided in writing by the prosecutor regarding the offender's age, crime for which sentenced [and], probable cause statement, circumstances surrounding the crime and sentence, names, telephone numbers, and last know address of victims, victim impact statements, and personal history, which may include facts related to [his] the offender's home environment, or work habits, gang affiliations, if any, and previous convictions and commitments. Such information shall be prepared by the prosecuting attorney of the county or circuit attorney of any city not within a county who was charged with the offender's prosecution;
(3) Information provided by the sheriff or other officer charged with the delivery of persons committed to the department regarding the offender's physical and mental health while in jail. All records on medication, care, and treatment provided to the offender while in jail shall be provided to the department prior to or upon delivery of the offender. If the offender has had no physical or mental health care or medications while in jail, the sheriff or other officer shall certify that no physical or mental health care or medication records are available. The sheriff shall provide certification of all applicable jail-time credit.
3. The department may refuse to accept any offender who is delivered for confinement without all required information.
217.343. Offenders who are younger than seventeen years of age and have been adjudicated as an adult shall be emancipated for the purpose of decision-making and participation in all department programs and services, including but not limited to, medical care, mental health care, treatment programs, educational programs, work assignments, and rehabilitative programs.
217.380. 1. When an offender is found guilty of a violation of a correctional facility rule or convicted of a felony or misdemeanor, a record of such violation or conviction shall be recorded in the offender's file and in a central record. The record shall clearly state the offense, the reporting officer's name, when and where the violation or offense was committed and the action taken by any disciplinary body or other personnel of the department.
2. An offender who has violated any published rule or regulation of the division or correctional facility relating to the conduct of offenders may, after proper hearing and upon order of the chief administrative officer or his or her designee of the correctional facility, be confined in a disciplinary segregation unit for a period not to exceed thirty days. Disciplinary segregation of more than ten days may only be given for serious conduct violations as defined by rule or regulation of the division.
3. Violation hearings under the provision of subsection 2 of this section are not contested cases under the provisions of chapter 536, RSMo. Violation hearings under the provisions of subsection 2 of this section are not subject to the rules of evidence. The department may promulgate rules for violation hearings under the authority of subsection 2 of section 217.040. The conduct of and order from a violation hearing under the provisions of subsection 2 are final and unappealable.
Section 1. 1. The governor is hereby authorized and empowered to sell, transfer, grant, and convey all interest in fee simple absolute in property owned by the state in the County of Cole to any person at a public offering as provided in subsection 2 of this section. The property to be conveyed is more particularly described as follows:
Part of the Northeast Quarter, all the East Half of the Northwest Quarter and all of the Northwest Quarter of the Northwest Quarter of Section 24, Township 45 North, Range 13 West, part of the Southwest Quarter and part of the Southeast Quarter of Section 13, Township 45 North, Range 13 West, part of the Northwest Quarter, part of the West Half of the Southeast Quarter, part of the East Half of the Southeast Quarter of the Southwest Quarter and all of the North Half of the Southwest Quarter of Section 19, Township 45 North, Range 12 West, Cole County, Missouri, more particularly described as follows:
BEGINNING at the east quarter corner of the aforesaid Section 24, Township 45 North, Range 13 West; thence N8816'58"W, along the Quarter Section Line, 2661.16 feet to the center of said Section 24; thence N8824'46"W, along the Quarter Section Line, 1319.23 feet to the southwest corner of the East Half of the Northwest Quarter of said Section 24; thence N140'05"E, along the Quarter Quarter Section Line, 1323.95 feet to the Southeast corner of the Northwest Quarter of the Northwest Quarter of said Section 24; thence N8819'45"W, along the Quarter Quarter Section Line, 1321.65 feet to the southwest corner of the Northwest Quarter of the Northwest Quarter of said Section 24; thence N133'47"E, along the Section Line, 1325.88 feet to the southwest corner of the aforesaid Section 13, Township 45 North, Range 13 West; thence N104'17"E, along the Section Line, 1933.85 feet to a point intersecting the southerly line of the Missouri State Highway 179 right-of-way; thence Easterly, along said right-of-way line, the following courses: S8551'30"E, 6.04 feet; thence Southeasterly, on a curve to the right, having a radius of 1392.76 feet, an arc distance of 837.42 feet, (the chord of said curve being S6838'00"E, 824.86 feet); thence S5124'30"E, 1201.50 feet; thence Easterly, on a curve to the left, having a radius of 995.40 feet, an arc distance of 1085.00 feet, (the chord of said curve being S8238'05"E, 1032.08 feet); thence N6608'20"E, 291.10 feet; thence Easterly, on a curve to the right, having a radius of 915.40 feet, an arc distance of 845.10 feet, (the chord of said curve being S8724'48"E, 815.40 feet); thence S5216'32"E, 107.98 feet; thence S5411'40"E, 317.10 feet; thence S3548'20"W, 50.00 feet; thence S6324'20"E, 374.83 feet; thence S5411'40"E, 4571.41 feet; thence Southeasterly, on a curve to the left, having a radius of 1955.79 feet, an arc distance of 921.70 feet, (the chord of said curve being S6741'43"E, 913.20 feet); thence S8111'46"E, 369.20 feet; thence Southeasterly, on a curve to the right, having a radius of 1870.10 feet, an arc distance of 103.54 feet, (the chord of said curve being S7936'36"E, 103.53 feet) to a point intersecting the east line of the West Half of the Southeast Quarter of the aforesaid Section 19; thence leaving the southerly line of the aforesaid Missouri State Highway 179 right-of-way, S257'28"W, along the Quarter Quarter Section Line, 2615.96 feet to the southeast corner of the West Half of the Southeast Quarter of the aforesaid Section 19, Township 45 North, Range 12 West; thence N8718'24"W, along the Section Line, 2.13 feet to a point intersecting the Northerly line of a 60 foot wide Cole County public road right-of-way known as Wade Road and described in Book 408, page 573, Cole County Recorder's Office; thence Westerly, along said right-of-way line, the following courses: Northwesterly, on a curve to the left, having a radius of 225.97 feet, an arc distance of 27.80 feet, (the chord of said curve being N6754'24"W, 27.78 feet); thence N7125'51"W, 42.80 feet; thence Northwesterly, on a curve to the right, having a radius of 370.00 feet, an arc distance of 258.52 feet,(the chord of said curve being N5124'51"W, 253.30 feet); thence N3123'51"W, 201.55 feet; thence Northwesterly, on a curve to the left, having a radius of 400.00 feet, an arc distance of 161.27 feet, (the chord of said curve being N4256'51"W, 160.18 feet); thence N5429'51"W, 79.59 feet; thence Northwesterly, on a curve to the right, having a radius of 1970.00 feet, an arc distance of 170.20 feet, (the chord of said curve being N5201'21"W, 170.15 feet); thence N4932'51"W, 282.84 feet; thence N5213'51"W, 135.50 feet; thence Northwesterly, on a curve to the left, having a radius of 930.00 feet, an arc distance of 162.86 feet, (the chord of said curve being N5714'51"W, 162.65 feet); thence N6215'51"W, 94.99 feet; thence Northwesterly, on a curve to the left, having a radius of 280.00 feet, an arc distance of 99.04 feet, (the chord of said curve being N7223'51"W, 98.53 feet); thence N8231'51"W, 144.35 feet; thence Southwesterly, on a curve to the left, having a radius of 280.00 feet, an arc distance of 297.37 feet, (the chord of said curve being S6702'39"W, 283.59 feet); thence S3637'09"W, 332.65 feet; thence Southwesterly, on a curve to the right, having a radius of 250.00 feet, an arc distance of 107.27 feet, (the chord of said curve being S4854'39"W, 106.44 feet); thence S6112'09"W, 83.39 feet to a point intersecting the west line of the East Half of the Southeast Quarter of the Southwest Quarter of the aforesaid Section 19; thence leaving the northerly line of the aforesaid Wade Road right-of-way, N211'36"E, along the west line of the East Half of the Southeast Quarter of the Southwest Quarter of said Section 19, 846.39 feet to the northwest corner thereof; thence N8738'52"W, along the Quarter Quarter Section Line, 2149.28 feet to the southwest corner of the North Half of the Southwest Quarter of said Section 19; thence N129'12"E, along the Range Line, 1017.72 feet to the POINT OF BEGINNING.
Containing 656.14 acres.
2. The commissioner of administration shall set the terms and conditions for public sale as the commissioner deems reasonable. Such terms and conditions may include, but are not limited to, the number of appraisals required, the time, place, and terms of the sale, whether a minimum bid shall be required; and whether to contract for the services of a public auctioneer to market the property. The auctioneer, if any, may receive the usual and customary fee. All costs and fees, directly related to the sale, shall be paid from the proceeds of the sale. All proceeds received for the sale, in excess of the costs, shall be used to assist in the funding of the construction or repair or maintenance of state correctional facilities.
3. The attorney general shall approve the form of the instrument of conveyance.