HB 1379 -- Rehabilitation Programs

Sponsor:  Johnson (47)

This bill allows courts to grant probation to any person
convicted of drug possession or an offense involving the use of
drugs or alcohol.  The court must order completion of an
appropriate community-based substance abuse treatment program in
these cases.  The court may also grant probation in cases where
the person is diagnosed with a serious mental illness and that
illness was a contributing factor to the commission of the crime.
However, a person is not eligible for probation after a drug
conviction if he or she:

(1)  Has been convicted of a dangerous felony;

(2)  Has been convicted as a persistent offender;

(3)  Has previously failed to complete substance abuse treatment
on two different occasions; or

(4)  Refuses treatment as a condition of probation.

The bill allows the Board of Probation and Parole to revoke
probation when the treatment provider notifies the board that the
offender is unamenable to the treatment provided.  In addition,
the board may grant parole to any drug offender or any mentally
ill offender convicted of a nonviolent offense when the offender:

(1)  Is within one year of release;

(2)  Has completed at least 120 days of incarceration; and

(3)  Is willing to participate in a treatment program.

Offenders in treatment programs will be assessed a fee of $25 per
month as a condition of probation or parole and cannot be
released from supervision until the fees are paid.  However, the
board may waive the fees under certain conditions.  The money
collected from these fees will be deposited in the Rehabilitation
Fund, created by the bill, and will be used to pay for the
treatment programs.  The Department of Mental Health must file an
annual report describing the financial impact and effectiveness
of the program.

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:15 am