FIRST REGULAR SESSION

HOUSE BILL NO. 632

94TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES BURNETT (Sponsor), DEEKEN, LOWE (44) AND QUINN (9) (Co-sponsors).

                  Read 1st time January 25, 2007 and copies ordered printed.

D. ADAM CRUMBLISS, Chief Clerk

0201L.02I


 

AN ACT

To amend chapter 217, RSMo, by adding thereto one new section relating to parole or release of certain female offenders.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Chapter 217, RSMo, is amended by adding thereto one new section, to be known as section 217.692, to read as follows:

            217.692. 1. Notwithstanding any other provision of law any female offender incarcerated in a correctional institution and serving any sentence, including but not limited to life with no parole for fifty years and life without parole, and who was convicted of a homicide of a spouse or domestic partner, who had no prior felony convictions, and who has exhausted all appeals in both state and federal court shall be eligible for parole after having served fifteen years of such sentence.

            2. Any female offender described in subsection 1 of this section shall have her case history and prison record thoroughly reviewed by the board of probation and parole.

            3. Any offender released under the provisions of this section shall be under the supervision of the parole board for an amount of time to be determined by the board.

            4. The parole board shall consider, but not be limited to the following criteria when making its parole decision:

            (1) Length of time served;

            (2) Prison record and self-rehabilitation efforts;

            (3) Whether the history of the case included evidence of abuse of the offender, including physical, mental, emotional, or sexual;

            (4) If an offer of a plea bargain was made and if so, why the offender rejected or accepted the offer;

            (5) The offender's continued claim of innocence;

            (6) The age and maturity of the offender at the time of the crime and any contributing influence affecting the offender's judgment;

            (7) Whether the offender has given substantial thought to a workable parole plan; and

            (8) Community and family support.

            5. Nothing in this section shall limit the review of any offender's case who is eligible for parole prior to fifteen years, nor shall it limit in any way the parole board's power to grant parole prior to fifteen years.

            6. Nothing in this section shall limit the review of any offender's case who has applied for executive clemency, nor shall it limit in any way the governor's power to grant clemency.