HB 2637 — Modifies and establishes provisions relating to public safety

InHCS orderHBs for2637 the& Missouri3155 office2 ofinform prosecution services to maintain complete and accurate statewide reports as required by section 56.750, on or before January 1, 2028, and thereafter,allpoliceofficersofthisstate,thesheriffandeachdeputysheriffofeachcounty,and the chiefcourt law enforcement official of asuch citycriteria. not within a county and his or her officers shall submitreferralsforanytrafficviolation,ordinanceviolation,ormisdemeanororfelonyoffense referred to a prosecuting or circuit attorney in the form and manner approved by the Missouri office of prosecution services as required by subdivision (7) of subsection 1 of section 56.750.

Ataminimum,anyreferraltoaprosecutingattorneyorcircuitattorneyforafelonyoffenseshall include a probable cause statement and an investigative report.

Any law enforcement agency that violates this subsection shall be ineligible to receive state or federal funds that would otherwise be paid to such agency for law enforcement, safety, or criminal justice purposes.

4.

In instances where an individual [less than seventeen] under eighteen years of age and not currently certified as an adult is taken into custody for an offense [which] that would be a class A or B felony, felony under chapter 566, or two felony offenses arising from distinctactscommittedwithinoneyearofeachother,ifcommittedbyanadult,thearresting officer shall take fingerprints for the central repository.

These fingerprints shall be taken on fingerprintcardssuppliedbyorapprovedbythe highwaypatrolortransmittedelectronicallyin CCS SS SCS HCS HBs 2637 & 3155 5 a format and manner approved by the highway patrol and in compliance with the standards set bytheFederalBureauofInvestigationinitsAutomatedFingerprintIdentificationSystemorits successor program.

[The fingerprint cards shall be so constructed that the name of the juvenile should not be made available to the central repository.] The individual's name and the unique numberassociatedwiththefingerprintsandotherpertinentinformationshallbeprovidedtothe court of jurisdiction by the agency taking the juvenile into custody.

The juvenile's fingerprints and other information shall be forwarded to the central repository and the courts without undue delay.

The fingerprint information from the card shall be captured and stored in the automated fingerprintidentificationsystemoperatedbythecentralrepository.

Intheeventthefingerprints are found to match other tenprints or unsolved latent prints, the central repository shall notify the submitting agency who shall notify the court of jurisdiction as per local agreement.

Under section 211.031, in instances where a juvenile over fifteen and one-half years of age is alleged to have violated a state or municipal traffic ordinance or regulation, which does not constitute afelony,andthejuvenilecourtdoesnothavejurisdiction,thejuvenileshallnotbefingerprinted unless certified as an adult.

Records of a juvenile who has been fingerprinted under this subsection shall be closed records as provided under section 610.120.

5.

Upon certification of the individual as an adult, the certifying court shall order a law enforcement agency to immediately fingerprint and photograph the individual and certification papers will be forwarded to the appropriate law enforcement agency with the order for fingerprinting.

The law enforcement agency shall submit such fingerprints, photograph, and certification papers to the central repository within fifteen days and shall furnish the offense cycle number associated with the fingerprints to the prosecuting attorney or the circuit attorney of a city not within a county and to the clerk of the court ordering the subject fingerprinted.

If the juvenile is acquitted of the crime and is no longer certified as an adult, the prosecuting attorney shall notify within fifteen days the central repository of the change of status of the juvenile.

Recordsofachildwhohasbeenfingerprintedandphotographedafterbeingtakeninto custodyshallbeclosedrecordsasprovidedundersection610.100ifapetitionhasnotbeenfiled within thirty days of the date that the childwas taken into custody;

and if a petition for the child has not been filed within one year of the date the child was taken into custody, any records relating to the child concerning the alleged offense may be expunged under the procedures in sections 610.122 to 610.126.

6.

The prosecuting attorney of each county or the circuit attorney of a city not within a county or the municipal prosecuting attorney shall notify the central repository on standard forms supplied by the highway patrol or in a manner approved by the highway patrol of his or her decision to not file a criminal charge on any charge referred to such prosecuting attorney or circuit attorney for criminal charges.

All records forwarded to the central repository and the courts by prosecutors or circuit attorneys as required by sections 43.500 to 43.530 shall include CCS SS SCS HCS HBs 2637 & 3155 6 thestateoffensecyclenumberoftheoffense,thechargecodefortheoffense,andtheoriginating agency identifier number of the reporting prosecutor, using such numbers as assigned by the highway patrol.

7.

The clerk of the courts of each county or city not within a county or municipal court clerk shall furnish the central repository, on standard forms supplied by the highway patrol or in a manner approved by the highway patrol, with a record of all charges filed, including all those added subsequent to the filing of a criminal court case, amended charges, and all final dispositions of cases for which the central repository has a record of an arrest or a record of fingerprintsreportedpursuanttosections43.500to43.506.

Suchinformationshallinclude,for each charge:

(1) All judgments of not guilty, acquittals on the ground of mental disease or defect excluding responsibility, judgments or pleas of guilty including the sentence, if any, or probation,ifany,pronouncedbythecourt,nollepros,discharges,releasesanddismissalsinthe trial court;

(2) Court orders filed with the clerk of the courts which reverse a reported conviction or vacate or modify a sentence;

(3) Judgments terminating or revoking a sentence to probation, supervision or conditional release and any resentencing after such revocation;

and (4) The offense cycle number of the offense, and the originating agency identifier number of the sentencing court, using such numbers as assigned by the highway patrol.

8.

The clerk of the courts of each county or city not within a county shall furnish, to the department of corrections or department of mental health, court judgment and sentence documentsandthestateoffensecyclenumberandthechargecodeoftheoffensewhichresulted in the commitment or assignment of an offender to the jurisdiction of the department of corrections or the department of mental health if the person is committed pursuant to chapter 552.

This information shall be reported to the department of corrections or the department of mental health at the time of commitment or assignment.

If the offender was already in the custody of the department of corrections or the department of mental health at the time of such subsequent conviction, the clerk shall furnish notice of such subsequent conviction to the appropriate department by certified mail, return receipt requested, or in a manner and format mutually agreed to, within fifteen days of such disposition.

9.

Informationandfingerprints,photographandifavailable,anyotheruniquebiometric identificationcollected,forwardedtothecentralrepository,normallyobtainedfromapersonat the time of the arrest, may be obtained at any time the subject is in the criminal justice system or committed to the department of mental health.

A law enforcement agency or the department ofcorrectionsmayfingerprint,photograph,andcaptureanyotheruniquebiometricidentification of the person unless collecting other unique biometric identification of the person is not CCS SS SCS HCS HBs 2637 & 3155 7 financiallyfeasibleforthelawenforcementagency,andobtainthenecessaryinformationatany timethesubjectisincustody.

Ifatthetimeofanycourtappearance,thedefendanthasnotbeen fingerprintedandphotographedforanoffenseinwhichafingerprintandphotographisrequired by statute to be collected, maintained, or disseminated by the central repository, the court shall orderalawenforcementagencyorcourtmarshaltofingerprintandphotographimmediatelythe defendant.

Theorderforfingerprintsshallcontaintheoffense,chargecode,dateofoffense,and any other information necessary to complete the fingerprint card.

The law enforcement agency or court marshal shall submit such fingerprints, photograph, and if available, any other unique biometricidentificationcollected,tothecentralrepositorywithoutunduedelayandwithinthirty days and shall furnish the offense cycle number associated with the fingerprints to the prosecuting attorney or the circuit attorney of a city not within a county and to the court clerk of the court ordering the subject fingerprinted.

10.

Thedepartmentofcorrectionsandthedepartment of mental health shall furnish the centralrepositorywithallinformationconcerningthereceipt,escape,execution,death,release, pardon, parole, commutation of sentence, granting of executive clemency, legal name change, or discharge of an individual who has been sentenced to that department's custody for any offenses which are mandated by law to be collected, maintained or disseminated by the central repository.

All records forwarded to the central repository by the department as required by sections 43.500 to [43.651] 43.600 shall include the offense cycle number of the offense, and the originating agency identifier number of the department using such numbers as assigned by the highway patrol.

43.506.

1.

Those offenses considered reportable for the purposes of sections 43.500 to [43.651] 43.600 include all felonies;

class A misdemeanors;

all violations for driving under the influence of drugs or alcohol;

any offense that can be enhanced to a class A misdemeanor or higher for subsequent violations;

and comparable ordinance violations consistent with the reporting standards established by the National Crime Information Center, Federal Bureau of Investigation, for the Federal Interstate Identification Index System;

and all cases arising under chapter566.

Thefollowingtypesofoffensesshallnotbeconsideredreportableforthepurposes of sections 57.403, 43.500 to [43.651 43.600, and 595.200 to 595.218:

nonspecific charges of suspicion or investigation, general traffic violations and all misdemeanor violations of the state wildlife code.

All offenses considered reportable shall be reviewed annually and noted in the Missourichargecodemanualestablishedinsection43.512.

Allinformationcollectedpursuant to sections 43.500 to [43.651] 43.600 shall be available only as set forth in section 610.120.

2.

Lawenforcementagencies,courtclerks,prosecutorsandcustodyagenciesmayreport required information by electronic mediumeither directlytothecentralrepositoryorindirectly tothecentralrepositoryviaothercriminaljusticeagencycomputersystemsinthestatewiththe approval of the highway patrol, based upon standards established by the advisory committee.

CCS SS SCS HCS HBs 2637 & 3155 8 3.

In addition to the repository of fingerprint records for individual offenders and applicants,thecentralrepositoryofcriminalhistoryandidentificationrecordsforthestateshall maintain a repository of latent prints, palm prints and other unique biometric identification submitted to the repository.

43.509.

The director of the department of public safety shall, in accordance with the provisionsofchapter536,establishsuchrulesandregulationsasarenecessarytoimplementthe provisions of sections 43.500 to [43.651] 43.600.

All collection and dissemination of criminal history information shall be in compliance with chapter 610 and applicable federal laws or regulations.

Such rules shall relate to the collection of criminal history information from or dissemination of such information to criminal justice,noncriminaljustice,andprivateagencies or citizens both in this and other states.

No rule or portion of a rule promulgated under the authority of sections 43.500 to [43.651] 43.600 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.

43.527.

For purposes of sections 43.500 to [43.651] 43.600, all federal and nonstate of Missouri agencies and persons shall pay for criminal records checks, fingerprint searches, and any of the information as defined in subdivision (5) of section 43.500, when such information is not related to the administration of criminal justice.

There shall be no charge for information supplied to criminal justice agencies for the administration of criminal justice.

For purposes of sections 43.500 to [43.651 ] 43.600, the administration of criminal justice is defined in subdivision (1) of section 43.500 and shall be available only as set forth in section 610.120.

43.530.

1.

For each request requiring the payment of a fee received by the central repository, the requesting entity shall pay a fee of not more than nine dollars per request for criminal history record information not based on a fingerprint search.

In each year beginning on or after January 1, 2010, the superintendent may increase the fee paid by requesting entities by an amount not to exceed one dollar per year, however, under no circumstance shall the fee paid by requesting entities exceed fifteen dollars per request.

2.

Foreachrequestrequiringthepaymentofafeereceivedbythecentralrepository,the requesting entity shall pay a fee of not more thantwenty dollars per request for criminal history record information based on a fingerprint search, unless the request is required under the provisions of subdivision (6) of section 210.481, section 210.487, or section 571.101, in which case the fee shall be fourteen dollars.

3.

Arequestmadeundersubsections1and2ofthissectionshallbelimitedtocheckand search on one individual.

Each request shall be accompanied by a check, warrant, voucher, money order, or electronic payment payable to the state of Missouri-criminal record system or payment shall be made in a manner approved by the highway patrol.

The highway patrol may establish procedures for receiving requests for criminal history record information for classification and search for fingerprints, from courts and other entities, and for the payment of CCS SS SCS HCS HBs 2637 & 3155 9 such requests.

There is hereby established by the treasurer of the state of Missouri a fund to be entitled as the "Criminal Record System Fund".

Notwithstanding the provisions of section 33.080 to the contrary, if the moneys collected and deposited into this fund are not totally expended annually for the purposes set forth in sections 43.500 to [43.651] 43.600, the unexpended moneys in such fund shall remain in the fund and the balance shall be kept in the fund to accumulate from year to year.

56.265.

1.

The county prosecuting attorney in any county[, other than in a chartered county,]shallreceiveanannualsalarycomputed[usingthefollowingschedule,whenapplicable.

The assessed valuation factor shall be the amount thereof as shown for the year immediately preceding the year for which the computation is d] as provided in this subsection.

(1) For a full-time [prosecutorprosecuting attorney of a charter, first, or second class county, or of a city not within a county, the [prosecutor] prosecuting attorney shall receive compensation equal to one hundred percent of the compensation of [an associate] a circuit judge[;] .

(2) [For a part-time prosecutor:] For a full-time prosecuting attorney of a third or fourth class county, the prosecuting attorney shall receive compensation equal to one hundred percent of the compensation of an associate circuit judge or, upon approval by amajorityofthecountycommission,theprosecutingattorneyshallreceivecompensation equal to ninety-five percent of the compensation of a circuit judge.

(3) Uponapprovalbyamajorityofthecountycommission,apart-timeprosecuting attorney shall receive compensation equal to between thirty and sixty percent of the compensation of an associate circuit judge.

[Assessed Valuation Amount $18,000,000 to 40,999,999 $37,000 41,000,000 to 53,999,999 38,000 54,000,000 to 65,999,999 39,000 66,000,000 to 85,999,999 41,000 86,000,000 to 99,999,999 43,000 100,000,000 to 130,999,999 45,000 131,000,000 to 159,999,999 47,000 160,000,000 to 189,999,999 49,000 190,000,000 to 249,999,999 51,000 250,000,000 to 299,999,999 53,000 300,000,000 or more 55,000] CCS SS SCS HCS HBs 2637 & 3155 10 (4) Notwithstanding any other provision of this section to the contrary, no prosecuting attorney who has held the office of prosecuting attorney prior to January 1, 2027, shall have their compensation lowered by the implementation of the compensation procedures of this section, nor shall any prosecuting attorney have their compensation lowered during their tenure of office.

2.

Two thousand dollars of the salary shall be payable to any prosecuting attorney only if the prosecuting attorney has completed at least twenty hours of classroom instruction each calendar year relating to the operations of the prosecuting attorney's office when approved by aprofessionalassociationofthecountyprosecutingattorneysofMissouriunlessexemptedfrom thetrainingbytheprofessionalassociation.

Theprofessionalassociationapprovingtheprogram shallprovideacertificateofcompletiontoeachprosecutingattorneywhocompletesthetraining program and shall send a list of certified prosecuting attorneys to the treasurer of each county or city not within a county.

Expenses incurred for attending the training session may be reimbursed to the prosecuting attorney in the same manner as other expenses as may be appropriated for that purpose.

3.

Each calendar year, five thousand dollars of the salary shall be payable to any prosecuting attorney only if the prosecuting attorney has collected the data described in subsection 2 of section 56.750 in a manner approved by the prosecutors coordinators training council and makes the data described in subsection 2 of section 56.750 readily accessible to the Missouri office of prosecution services.

The Missouri office of prosecution services shall provide a certificate of compliance to each prosecuting attorney who complies with this subsection and shall send a list of any certified prosecuting attorney to the respective treasurer of each county or city not within a county.

4.

For each calendar year, three thousand dollars of the salary shall be payable to any prosecutingattorneyonlyiftheprosecutingattorneyhasprovideddiscoverytocriminaldefense attorneyswhohaveenteredanappearanceonbehalfofadefendantinamannerapprovedbythe prosecutors coordinators training council.

The Missouri office of prosecution services shall provide a certificate of compliance to each prosecuting attorney who complies with this subsection and shall send a list of any certified prosecuting attorney to the respective treasurer of each county or city not within a county.

5.

As used in this section, the term "prosecuting attorney" includes the circuit attorney of any city not within a county.

6.

The prosecuting attorney of any county which becomes a county of the first classification during a four-year term of office or a county which passed the proposition authorized by subsection 1 of section 56.363 shall not be required to devote full time to such office pursuant to section 56.067 until the beginning of the prosecuting attorney's next term of office or until the proposition otherwise becomes effective.

CCS SS SCS HCS HBs 2637 & 3155 11 7.

Notwithstanding any other provision of law to the contrary, any county with a vacancyintheofficeofprosecutingattorneyformorethansixtydaysmayconsolidatewith one contiguous county with a sitting prosecuting attorney upon a unanimous vote of the county commissions of such counties to establish a cooperative regional prosecuting attorney'sofficeatanytime.

Theprosecutingattorneyofthecontiguouscountyshallthen become the prosecuting attorney of that region for the remainder of that prosecuting attorney'stermofofficeoruntilsuchtimeasthegovernorappointsaprosecutingattorney to fill the vacant prosecuting attorney position pursuant to section 105.030.

Regional prosecuting attorneys shall be designated as full-time prosecuting attorneys and shall be compensatedinthemannerprovidedundertheprovisionsofsubdivision(2)ofsubsection 1 of this section.

No two counties that each have sitting prosecuting attorneys shall be permitted to consolidate in the manner described in this section.

8.

The provisions of section 56.066 shall not apply to full-time prosecutors who are compensated pursuant to subdivision (1) of subsection 1 of this section.

9.

(1) There is hereby created in the state treasury the "Missouri State Prosecutorial Services Grant Fund", which shall consist of moneys appropriated by the general assembly.

(2) The state treasurer shall be custodian of the fund.

In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements.

The fund shall be a dedicated fund and, upon appropriation, moneys in this fund shall be used solely as provided in this section and shall be allocated to counties of the third and fourth classification on the basis of need in order for such counties to be in compliance with the prosecuting attorney compensation provisions of this section.

(3) Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.

(4) Thestatetreasurershallinvestmoneysinthefundinthesamemannerasother fundsareinvested.

Anyinterestandmoneysearnedonsuchinvestmentsshallbecredited to the fund.

57.540.

1.

The sheriff of the City of St.

Louismay employ an attorney at law to aid and advisehiminthedischargeofhisdutiesandtorepresenthimincourt[,whichsaidattorneyshall beknownas"sheriff'sattorney",andwhoshallreceiveascompensationforhisservicesassuch sheriff's attorney a sum of not less than three thousand dollars and not more than fifteen thousand dollars per annum, payable in semimonthly installments The sheriff shall set the compensation for an attorney hired pursuant to this section and such compensation shall be paid out of the same funds and revenue as the sheriff of such city is paid.

CCS SS SCS HCS HBs 2637 & 3155 12 2.

The attorney employed by a sheriff pursuanttosubsection1ofthissectionshall be employed at the pleasure of the sheriff.

[211.021.

As used in this chapter, unless the context clearly requires otherwise, the following terms shall mean:

(1) "Adult" [means], a person eighteen years of age or older;

(2) "Child" [means], any person under eighteen years of age;

(3) "Juvenile court" [means], the juvenile division or divisions of the circuit court of the county, or judges while hearing juvenile cases assigned to them;

(4) "Juvenile detention facility", a place for the temporary care of a juvenile in judicial custody in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031 and includes a place that is physically confining, but does not include a jail or other adult detention facility unless the juvenile is seventeen years of age or older or unless the juvenile detention facility is operated, administered, and staffed separatelyandindependentlyofajailorotheradultdetentionfacilityand used exclusively for the lawful custody and treatment of juveniles.

A juveniledetentionfacilitymaybelocatedinthesamebuildingorgrounds as a jail or other adult detention facility if there is spatial separation between the facilities which prevents haphazard or accidental contact betweenjuvenileandadultdetainees;thereisseparationbetweenjuvenile and adult program activities;

and there are separate juvenile and adult staff other than specialized support staff who have infrequent contact with detainees.

The facility may be owned or operated by public or private agencies;

(5) "Legalcustody"[means],therighttothecare,custodyandcontrol of a child and the duty to provide food, clothing, shelter, ordinary medical care, education, treatment and discipline of a child.

Legal custody may be takenfromaparentonlybycourtactionandifthelegalcustodyistakenfrom a parent without termination of parental rights, the parent's duty to provide support continues even though the person having legal custody may provide the necessities of daily living;

[(5)] (6) "Parent" [means], either a natural parent or a parent by adoption and if the child is illegitimate, "parent" means the mother;

[(6)] (7) "Shelter care" [means], the temporary care of juveniles in physically unrestricting facilities pending final court disposition.

These facilities may include:

(a) "Foster home", the private home of foster parents providing twenty-four-hour care to one to three children unrelated to the foster parents by blood, marriage or adoption;

(b) "Groupfosterhome",theprivatehomeoffosterparentsproviding twenty-four-hour care to no more than six children unrelated to the foster parents by blood, marriage or adoption;

CCS SS SCS HCS HBs 2637 & 3155 13 (c) "Group home", a child care facility which approximates a family setting, provides access to community activities and resources, and provides care to no more than twelve children.] 211.021.

As used in this chapter, unless the context clearly requires otherwise, the following terms shall mean:

(1) "Adult" [means], a person eighteen years of age or older;

(2) "Child" [means], any person under eighteen years of age;

(3) "Juvenilecourt"[means],thejuveniledivisionordivisionsofthecircuitcourtofthe county, or judges while hearing juvenile cases assigned to them;

(4) "Juvenile detention facility", a place for the temporary care of a juvenile in judicial custody in a proceeding under subdivision (2) or (3) of subsection 1 of section 211.031 and includes a place that is physically confining, but does not include a jail or other adult detention facility unless the juvenile is eighteen years of age or older or unless the juvenile detention facility is operated, administered, and staffed separately and independently of a jail or other adult detention facility and used exclusively for the lawful custody and treatment of juveniles.

A juvenile detention facility may be located in the same building or grounds as a jail or other adult detention facility if there is spatial separationbetweenthefacilitieswhichpreventshaphazardoraccidentalcontactbetween juvenile and adult detainees;

there is separation between juvenile and adult program activities;

and there are separate juvenile and adult staff other than specialized support staff who have infrequent contact with detainees.

The facility may be owned or operated by public or private agencies;

(5) "Legal custody" [means ] , the right to the care, custody and control of a child and the duty to provide food, clothing, shelter, ordinary medical care, education, treatment and discipline of a child.

Legal custody may be taken from a parent only by court action and if the legal custody is taken from a parent without termination of parental rights, the parent's duty to provide support continues even though the person having legal custody may provide the necessities of daily living;

[(5)](6) "Parent"[means],eitheranaturalparentoraparentbyadoptionandifthechild is illegitimate, "parent" means the mother;

[(6] (7) "Shelter care" [means], the temporary care of juveniles in physically unrestricting facilities pending final court disposition.

These facilities may include:

(a) "Foster home", the private home of foster parents providing twenty-four-hour care to one to three children unrelated to the foster parents by blood, marriage or adoption;

(b) "Groupfosterhome",theprivatehomeoffosterparentsprovidingtwenty-four-hour care to no more than six children unrelated tothe foster parents by blood, marriage or adoption;

CCS SS SCS HCS HBs 2637 & 3155 14 (c) "Group home", a child care facility which approximates a family setting, provides accesstocommunityactivitiesandresources,andprovidescaretonomorethantwelvechildren.

[211.071.

1.

(1) If a petition or motion to modify alleges that a child between the ages of fourteen and eighteen has committed an offense that would be considered a class A or B felony, felony under chapter 566, or three felony offenses arising from distinct acts committed within one hundredeightydaysofeachother,ifcommittedbyanadult,thecourtmay, upon its own motion or upon motion by the juvenile officer, the office of the prosecuting or circuit attorney, the child, or the child's custodian, order a hearingatwhichtheprosecutingorcircuitattorneymaypresentevidence if the prosecuting or circuit attorney filed the petition, and may, in its discretion, dismiss the petition or motion to modify and such child may be transferred to the court of general jurisdiction and prosecuted under the general law;

except that, if a petition alleges that a child between the ages of twelve and eighteen has committed an offense that would be considered first degree murder under section 565.020, second degree murder under section 565.021,firstdegreeassaultundersection565.050,forciblerapeundersection 566.030 as it existed prior to August 28, 2013, rape in the first degree under section 566.030, forcible sodomy under section 566.060 as it existed prior to August 28, 2013, sodomy in the first degree under section 566.060, first degree robbery under section 569.020 as it existed prior to January 1, 2017, robbery in the first degree under section 570.023, distribution of drugs under section195.211asitexistedpriortoJanuary1,2017,orthemanufacturingof a controlled substance under section 579.055, if committed by an adult, or a dangerous felony as defined in section 556.061, or any felony involving the use,assistance,oraidofadeadlyweapon,orhascommittedtwoormoreprior unrelated offenses that would be felonies if committed by an adult, the court shallorderahearing,andmay,initsdiscretion,dismissthepetitionormotion to modify and transfer the child to a court of general jurisdiction for prosecution under the general law.

(2) The moving party shall be solely responsible for all duties enumerated under this section.

If the juvenile officer forwards to the prosecuting or circuit attorney a class A or B felony that is not certified bythejuvenileofficer,theprosecutingorcircuitattorneyshallnotifythe juvenile officer within fourteen days of the decision to certify the case.

2.

Uponapprehensionandarrest,jurisdictionoverthecriminaloffense allegedlycommittedbyanypersonbetweeneighteenandtwenty-oneyearsof age over whom the juvenile court has retained continuing jurisdiction shall automatically terminate and that offense shall be dealt with in the court of general jurisdiction as provided in section 211.041.

3.

Knowing and willful age misrepresentation by a juvenile subject shall not affect any action or proceeding which occurs based upon the misrepresentation.

Anyevidenceobtainedduringtheperiodoftimeinwhich CCS SS SCS HCS HBs 2637 & 3155 15 a child misrepresents his or her age may be used against the child and will be subject only to rules of evidence applicable in adult proceedings.

4.

Written notification of a transfer hearing shall be given to the juvenile and his or her custodian in the same manner as provided in sections 211.101 and 211.111.

Notice of the hearing may be waived by the custodian.

Noticeshallcontainastatementthatthepurposeofthehearingistodetermine whether the child is a proper subject to be dealt with under the provisions of this chapter, and that if the court finds that the child is not a proper subject to be dealt with under the provisions of this chapter, the petition or motion to modify will be dismissed to allow for prosecution of the child under the general law.

5.

The juvenile officer [may] shall consult with the office of prosecuting or circuit attorney concerning any offense for which the child could be certified as an adult under this section.

The prosecuting or circuit attorney shall [have access to] be provided police reports, reports of the juvenile or deputy juvenile officer, statements of witnesses, a copy of the completed Missouri Juvenile Detention Assessment Form (JDTA) or similar form that was used in determining detention, and all other records orreportsrelatingtotheoffenseallegedtohavebeencommittedbythechild.

Theprosecutingorcircuitattorneyshallhaveaccesstothedispositionrecords of the child when the child has been adjudicated pursuant to subdivision (3) of subsection 1 of section 211.031.

The prosecuting or circuit attorney shall not divulge any information regarding the child and the offense until the juvenilecourtatajudicialhearinghasdeterminedthatthechildisnotaproper subject to be dealt with under the provisions of this chapter.

Any sanction recommended as a result of the JDTA shall be used as a guideline and shall not be mandatory.

6.

In every incident, the juvenile officer shall consider legally sufficientchargessubmittedbya lawenforcement agency when utilizing the JDTA form to determine whether or not to detain a child and shall provide a copy of that completed JDTA form to the law enforcement agencyonceadeterminationhasbeenmade.

Forpurposesofthissection, the term "legally sufficient" means a reasonable belief with articulable facts that a crime has been or is being committed based on the totality of the circumstances.

7.

Notwithstanding any other provision of law or the Missouri supremecourtoperatingrulestothecontrary,lawenforcementagencies who detain juveniles for offenses where fingerprinting is required, shall collect fingerprints and forward detention information to the central repository, in a manner prescribed by the central repository.

The juvenile officer and court of jurisdiction over the juvenile offender shall report all adjudication, delinquency, and custody information to the central repository, in a manner prescribed by the central repository.

All information reported under this section shall be available to criminal CCS SS SCS HCS HBs 2637 & 3155 16 justice agencies for the administration of criminal justice under section 43.500 through the Missouri Uniform Law Enforcement System (MULES).

Suchrecordsmaintainedbythecentralrepositoryunderthis subsection shall be closed pursuant to section 610.120.

8.

A written report shall be prepared in accordance with this chapter developing fully all available information relevant to the criteria which shall beconsideredbythecourtindeterminingwhetherthechildisapropersubject to be dealt with under the provisions of this chapter and whether there are reasonable prospects of rehabilitation within the juvenile justice system.

These criteria shall include but not be limited to:

(1) The seriousness of the offense alleged and whether the protection of the community requires transfer to the court of general jurisdiction;

(2) Whether the offense alleged involved viciousness, force and violence;

(3) Whether the offense alleged was against persons or property with greater weight being given to the offense against persons, especially if personal injury resulted;

(4) Whether the offense alleged is a part of a repetitive pattern of offenseswhichindicatesthatthechildmaybebeyondrehabilitationunderthe juvenile code;

(5) The record and history of the child, including experience with the juvenile justice system, other courts, supervision, commitments to juvenile institutions and other placements;

(6) The sophistication and maturity of the child as determined by consideration of his or her home and environmental situation, emotional condition and pattern of living;

(7) The age of the child;

(8) The program and facilities available to the juvenile court in considering disposition;

(9) Whether or not the child can benefit from the treatment or rehabilitative programs available to the juvenile court;

and (10) Racial disparity in certification.

[7.] 9.

If the court dismisses the petition to permit the child to be prosecuted under the general law, the court shall enter a dismissal order containing:

(1) Findings showing that the court had jurisdiction of the cause and of the parties;

(2) Findings showing that the child was represented by counsel;

(3) Findings showing that the hearing was held in the presence of the child and his or her counsel;

and (4) Findings showing the reasons underlying the court's decision to transfer jurisdiction.

[8.] 10.

A copy of the petition or motion to modify and order of the dismissal shall be sent to the prosecuting attorney.

CCS SS SCS HCS HBs 2637 & 3155 17 [9.] 11.

When a petition or motion to modify has been dismissed thereby permitting a child to be prosecuted under the general law and the prosecutionofthechildresultsinaconviction,thejurisdictionofthejuvenile court over that child is forever terminated, except as provided in subsection [10] 12 of this section, for an act that would be a violation of a state law or municipal ordinance.

[10.] 12.

Ifapetitionormotiontomodifyhasbeendismissedthereby permitting a child to be prosecuted under the general law and the child is found not guilty by a court of general jurisdiction, the juvenile court shall have jurisdiction over any later offense committed by that child which would be considered a misdemeanor or felony if committed by an adult, subject to the certification provisions of this section.

[11.]13.

Ifthecourtdoesnotdismissthepetitionormotiontomodify to permit the child to be prosecuted under the general law, it shall set a date for the hearing upon the petition as provided in section 211.171.

211.071.

1.

(1) If a petition or motion to modify alleges that a child between the ages of fourteen and eighteen has committed an offense that would be considered a class A or B felony, felony under chapter 566, or three felony offenses arising from distinct acts committedwithinonehundredeightydaysofeachother,ifcommittedbyanadult,thecourt may,uponitsownmotionoruponmotionbythejuvenileofficer,the office of the prosecuting orcircuitattorney,thechild,orthechild'scustodian,orderahearingatwhichtheprosecuting or circuit attorney may present evidence if the prosecuting or circuit attorney filed the motion, and may, in its discretion, dismiss the petition or motion to modify and such child may be transferred to the court of general jurisdiction and prosecuted under the general law;

except that, if a petition alleges that a child between the ages of twelve and eighteen has committed an offense that would be considered first degree murder under section 565.020, second degree murder under section 565.021, first degree assault under section 565.050, forcible rape under section 566.030 as it existed prior to August 28, 2013, rape in the first degree under section 566.030, forcible sodomy under section 566.060 as it existed prior to August 28, 2013, sodomy inthefirstdegreeundersection566.060,firstdegreerobberyundersection569.020asitexisted priortoJanuary1,2017, robberyinthefirstdegreeundersection570.023,distributionofdrugs undersection195.211asitexistedpriortoJanuary1,2017,orthemanufacturingofacontrolled substance under section 579.055, if committed by an adult, or a dangerous felony as defined in section 556.061, or any felony involving the use, assistance, or aid of a deadly weapon, or has committedtwoormorepriorunrelatedoffensesthatwouldbefeloniesifcommittedbyanadult, the court shall order a hearing, and may, in its discretion, dismiss the petition or motion to modifyandtransferthechildtoa court of general jurisdictionforprosecutionunderthegeneral law.

CCS SS SCS HCS HBs 2637 & 3155 18 (2) The moving party shall be solely responsible for all duties enumerated under this section.

If the juvenile officer forwards to the prosecuting or circuit attorney a class AorBfelonythatisnotcertifiedbythejuvenileofficer,theprosecutingorcircuitattorney shall notify the juvenile officer within fourteen days of the decision to certify the case.

Should certification be sought, the prosecuting attorney shall haveno more than fourteen days to file such motion.

2.

Upon apprehension and arrest, jurisdiction over the criminal offense allegedly committedbyanypersonbetweeneighteenandtwenty-oneyearsofageoverwhomthejuvenile courthasretainedcontinuingjurisdictionshallautomaticallyterminateandthatoffenseshallbe dealt with in the court of general jurisdiction as provided in section 211.041.

3.

Knowing and willful age misrepresentation by a juvenile subject shall not affect any action or proceeding which occurs based upon the misrepresentation.

Any evidence obtained during the period of time in which a child misrepresents his or her age may be used against the child and will be subject only to rules of evidence applicable in adult proceedings.

4.

Written notification of a transfer hearing shall be given to the juvenile and his or her custodian in the same manner as provided in sections 211.101 and 211.111.

Notice of the hearing may be waived by the custodian.

Notice shall contain a statement that the purpose of the hearing is to determine whether the child is a proper subject to be dealt with under the provisions of this chapter, and that if the court finds that the child is not a proper subject to be dealtwithundertheprovisionsofthischapter,thepetitionormotiontomodifywillbedismissed to allow for prosecution of the child under the general law.

5.

The juvenile officer [may ] shall consult with the office of prosecuting or circuit attorney concerning any offense for which the child could be certified as an adult under this section.

The prosecuting or circuit attorney shall [have access to] be provided police reports, reports of the juvenile or deputy juvenile officer, statements of witnesses, a copy of the completedMissouriJuvenileDetentionAssessmentForm(JDTA)orsimilarformthatwas used in determining detention, and all other records or reports relating to the offense alleged to have been committed by the child.

The prosecuting or circuit attorney shall have access to thedispositionrecordsofthechildwhenthechildhasbeenadjudicatedpursuanttosubdivision (3)ofsubsection1ofsection211.031.

Theprosecutingorcircuitattorneyshallnotdivulgeany information regarding the child and the offense until the juvenile court at a judicial hearing has determined that the child is not a proper subject to be dealt with under the provisions of this chapter.

AnyrecommendationasaresultoftheJDTAshallbeusedasaguidelineandshall not be mandatory.

6.

In every incident, the juvenile officer shall consider legally sufficient charges submitted by a law enforcement agency when utilizing the JDTA form to determine whether or not to detain a child and shall provide a copy of that completed JDTA form to CCS SS SCS HCS HBs 2637 & 3155 19 the law enforcement agency once a determination has been made.

For purposes of this section, the term "legally sufficient" means a reasonable belief with articulable facts that a crime has been or is being committed based on the totality of the circumstances.

7.

Notwithstanding any other provision of law or the Missouri supreme court operatingrulestothecontrary,lawenforcementagencieswhodetainjuvenilesforoffenses where fingerprinting is required, shall collect fingerprints and forward detention information to the central repository, in a manner prescribed by the central repository.

The juvenile officer and court of jurisdiction over the juvenile offender shall report all adjudication,delinquency,andcustodyinformationtothecentralrepository,inamanner prescribed by the central repository.

All information reported under this section shall be available to criminal justice agencies for the administration of criminal justice under section 43.500 through the Missouri Uniform Law Enforcement System (MULES).

Such recordsmaintainedbythecentralrepositoryunderthissubsectionshallbeclosedpursuant to section 610.120.

8.

A written report shall be prepared in accordance with this chapter developing fully all available information relevant to the criteria which shall be considered by the court in determining whether the child is a proper subject to be dealt with under the provisions of this chapter and whether there are reasonable prospects of rehabilitation within the juvenile justice system.

These criteria shall include but not be limited to:

(1) Theseriousnessoftheoffenseallegedandwhethertheprotectionofthecommunity requires transfer to the court of general jurisdiction;

(2) Whether the offense alleged involved viciousness, force and violence;

(3) Whether the offense alleged was against persons or property with greater weight being given to the offense against persons, especially if personal injury resulted;

(4) Whether the offense alleged is a part of a repetitive pattern of offenses which indicates that the child may be beyond rehabilitation under the juvenile code;

(5) The record and history of the child, including experience with the juvenile justice system, other courts, supervision, commitments to juvenile institutions and other placements;

(6) The sophistication and maturity of the child as determined by consideration of his or her home and environmental situation, emotional condition and pattern of living;

(7) The age of the child;

(8) Theprogramandfacilitiesavailabletothejuvenilecourtinconsideringdisposition;

(9) Whether or not the child can benefit from the treatment or rehabilitative programs available to the juvenile court;

and (10) Racial disparity in certification.

[7] 9.

If the court dismisses the petition to permit the child to be prosecuted under the general law, the court shall enter a dismissal order containing:

CCS SS SCS HCS HBs 2637 & 3155 20 (1) Findings showing that the court had jurisdiction of the cause and of the parties;

(2) Findings showing that the child was represented by counsel;

(3) Findings showing that the hearing was held in the presence of the child and his or her counsel;

and (4) Findingsshowingthereasonsunderlyingthecourt'sdecisiontotransferjurisdiction.

[8.] 10.

A copy of the petition or motion to modify and order of the dismissal shall be sent to the prosecuting attorney.

[9.] 11.

When a petition or motion to modify has been dismissed thereby permitting a child to be prosecuted under the general law and the prosecution of the child results in a conviction, the jurisdiction of the juvenile court over that child is forever terminated, except as provided in subsection [10] 12 of this section, for an act that would be a violation of a state law or municipal ordinance.

[10.]12.

Ifapetitionormotiontomodifyhasbeendismissedtherebypermittingachild to be prosecuted under the general law and the child is found not guilty by a court of general jurisdiction, the juvenile court shall have jurisdiction over any later offense committed by that child which would be considered a misdemeanor or felony if committed by an adult, subject to the certification provisions of this section.

[11.] 13.

If the court does not dismiss the petition or motion to modify to permit the child to be prosecuted under the general law, it shall set a date for the hearing upon the petition as provided in section 211.171.

211.319.

1.

On or before July 1, 2005, all juvenile court proceedings conducted pursuant to subdivision (1) of subsection 1 of section 211.031 and for termination of parental rightscasespursuanttosections211.442to211.487initiatedbyajuvenileofficerorthedivision shall be open to the public;

except that, when the parent has consented in writing to the termination of his or her parental rights in conjunction with a placement with a licensed child- placing agency under subsection 6 of section 453.010, the hearing shall be closed.

The court, on its own motion, may exclude for good cause shown any person or persons from the proceedings to protect the welfare and best interests of the child and for exceptional circumstances.

Any party to a juvenile court proceeding referred to in this subsection, except the state, may file a motion requesting that the general public be excluded from the proceeding oranyportionoftheproceeding.

Uponthefilingofsuchmotion,thecourtshallheararguments by the parties, but no evidence, and shall make a determination whether closure is in the best interest of the parties or whether it is in the public interest to deny such motion.

The court shall make a finding on the record when a motion to close a hearing pursuant to this section is made and heard by the court.

2.

Notwithstandingtheprovisionsofsubsection1ofthissection,thegeneralpublicshall beexcludedfromalljuvenilecourtproceedingsreferredtoinsubsection1ofthissectionduring CCS SS SCS HCS HBs 2637 & 3155 21 thetestimonyofanychildorvictimandonlysuchpersonswhohaveadirectinterestinthecase or in the work of the court will be admitted to the proceedings.

3.

Forjuvenilecourtproceedingsdescribedinsubsection1ofthissection,pleadingsand ordersofthejuvenilecourtotherthanconfidentialfilesandthosespecificallyorderedclosedby the juvenile court judge shall be open to the general public.

For purposes of this section, "confidentialfile"meansallotherrecordsandreportsconsideredclosedorconfidentialbylaw, including but not limited to medical reports, psychological or psychiatric evaluations, investigationreportsofthechildren'sdivision,socialhistories,homestudies,andpolicereports and law enforcement records.

Only persons who are found by the court to have a legitimate interest shall be allowed access to confidential or closed files.

In determining whether a person has a legitimate interest, the court shall consider the nature of the proceedings, the welfare and safety of the public, and the interest of any child involved.

4.

For records made available to the public pursuant to this section:

(1) The identity of any child involved except the perpetrator shall not be disclosed and all references in such records to the identity of any child involved except the perpetrator shall be redacted prior to disclosure to the public;

and (2) Allinformationthatmayidentifyorleadtothedisclosureoftheidentityofareporter of child abuse under sections 210.109 to 210.183 and section 352.400 shall not be disclosed to the public.

5.

All juvenile court proceedings conducted pursuant to subdivision (3) of subsection 1 of section 211.031 shall not be open to the general public.

6.

The provisions of this section shall apply to juvenile court proceedings and records specified in this section in which the initial pleadings are filed on or after July 1, 2005.

[211.331.

1.

Ineachcountyofthefirstandsecondclassificationsand in [the city of St.

Louis] any city not within a county, it is the duty of the county [commission, or, where there is no county commission, such other authorized] governing body, to provide a place of juvenile detention [for children coming within the provisions of this chapter] or juvenile detention facility.

It is also the duty of the county [commission or other authorized] governing body to provide offices for the personnel of the juvenile court.

2.

Theplaceofjuveniledetentionorjuveniledetentionfacilityshall be so located and arranged that the child being detained does not come in contact, at any time or in any manner, with adults convicted or under arrest, and the care of children in detention shall approximate as closely as possible the care of children in good homes.

3.

Theplaceofjuveniledetentionorjuveniledetentionfacilityshall beinchargeofasuperintendent.

Thejudgeofthejuvenilecourtorthefamily court administrator, if provided by local rule, shall appoint and fix the compensation and maintenance of the superintendent and of any assistants or CCS SS SCS HCS HBs 2637 & 3155 22 otherpersonnelrequiredtooperatethedetentionfacility.

Suchcompensation and maintenance are payable out of funds of the county.

4.

The county [commission or other] governing body [of the county] is authorized to lease or to acquire by purchase, gift or devise land for such purpose, and to erect buildings thereon and to provide funds to equip and maintain the same for the subsistence and education of the children placed therein.] 211.331.

1.

In each county of the first and second classifications and in [the city of St.

Louis] any city not within a county, it is the duty of the county [commission, or, where there is no county commission, such other authorized] governing body[,] to provide a place of juvenile detention [for children coming within the provisions of this chapter] or juvenile detentionfacility.

Itisalsothedutyofthecounty[commissionorotherauthorized ]governing body to provide offices for the personnel of the juvenile court.

2.

Theplaceofjuveniledetentionorjuveniledetentionfacilityshallbesolocatedand arranged that the child being detained does not come in contact, at any time or in any manner, with adults convicted or under arrest, and the care of children in detention shall approximate as closely as possible the care of children in good homes.

3.

The place of juvenile detention or juvenile detention facility shall be in charge of a superintendent.

The judge of the juvenile court or the family court administrator, if provided bylocalrule,shallappointandfixthecompensationandmaintenanceofthesuperintendentand of any assistants or other personnel required to operate the detention facility.

Such compensation and maintenance are payable out of funds of the county.

4.

The county [commission or other ] governing body [of the county] is authorized to lease or to acquire by purchase, gift or devise land for such purpose, and to erect buildings thereon and to provide funds to equip and maintain the same for the subsistence and education of the children placed therein.

[211.341.

1.

[Counties of the third and fourth classes within one judicial circuit, shall,] Upon the written recommendation of the [circuit] presiding judge of that judicial circuit, or upon written notice from the county governing body to the presiding judge of approval of ordinances, orders, or resolutions authorizing a juvenile detention facility by all countieswithinthatjudicialcircuitandtheagreementprovidedinsection 211.342,countiesofthethirdandfourthclasseswithinonejudicialcircuit shall establish a place of juvenile detention or juvenile detention facility to serve all of the counties within that judicial circuit, and in like manner, the counties shall supply offices for the juvenile officers of that circuit.

2.

The recommendation of the [circuit] presiding judge provided in subsection 1 of this section shall be made only after a hearing conducted by [him]thejudge,afterthirtydays'notice,todeterminetheneedandfeasibility of establishing such a place of juvenile detention or juvenile detention CCS SS SCS HCS HBs 2637 & 3155 23 facility within the judicial circuit.

3.

Theprovisionsofsection211.331applyastotheformofoperation and means of maintenance of the place of juvenile detention or juvenile detentionfacility,exceptthatthetotalcostofestablishmentandoperationof the places of juvenile detention or juvenile detention facilities shall be proratedamongtheseveralcountieswithinthatjudicialcircuituponaratioto be determined by a comparison of the respective populations of the counties.

The point of location of theplace of juvenile detention or juvenile detention facility shall be determined by the [circuit] presiding judge of the judicial circuit or pursuant to an agreement established by section 211.342.

[2.

Circuit judges of any two or more adjoining judicial circuits after a hearing as provided in subsection 1 may, by agreement confirmed by judicial order, and] 4.

In the interest of economy of administration, after a hearing as provided in subsection 2 of this section, the presiding judges of any two or more adjoining judicial circuit may establish one place of juvenile detention or juvenile detention facility to serve their respective judicial circuits, by agreement confirmed by judicial order.

In such event, the[circuit]presidingjudgessoagreeingshalljointlygoverntheaffairsofthe placeofjuveniledetentionorjuveniledetentionfacilityandthecostthereof shallbeapportionedamongthecountiesservedinthemannerprovidedforin subsection 1 of this section.

[3.] 5.

Any county of the third or fourth class desiring to provide its own place of juvenile detention or juvenile detention facility may do so in the manner prescribed for counties of the first and second classes.

211.341.

1.

[Counties of the third and fourth classes within one judicial circuit, shall,] Uponthewrittenrecommendationofthe[circuit]presidingjudgeof[that]ajudicialcircuit,or upon written notice from the county governing body to the presiding judge of approval of ordinances, orders, or resolutions authorizing a juvenile detention facility by all counties within that judicial circuit and the agreement provided in section 211.342, counties of the thirdandfourthclasseswithinonejudicialcircuitshallestablishaplaceofjuveniledetention or juvenile detention facility to serve all of the counties within that judicial circuit, and in like manner, the counties shall supply offices for the juvenile officers of that circuit.

2.

The recommendation of the [circuit] presiding judge provided in subsection 1 of this section shall be made only after a hearing conducted by [him] the judge, after thirty days' notice, to determine the need and feasibility of establishing such a place of juvenile detention or juvenile detention facility within the judicial circuit.

3.

The provisions of section 211.331 apply as to the form of operation and means of maintenance of the place of juvenile detention or juvenile detention facility, except that the total cost of establishment and operation of the places of juvenile detention or juvenile detentionfacilitiesshallbeproratedamongtheseveralcountieswithinthatjudicialcircuitupon CCS SS SCS HCS HBs 2637 & 3155 24 aratiotobedeterminedbyacomparisonoftherespectivepopulationsofthecounties.

Thepoint of location of the place of juvenile detentionor juvenile detention facility shall be determined bythe[circuit]presidingjudgeofthejudicialcircuitorpursuanttoanagreementestablished by section 211.342.

[2.

Circuit judges of any two or more adjoining judicial circuits after a hearing as provided in subsection 1 may, by agreement confirmed by judicial order, and] 4.

In the interest ofeconomyofadministration,afterahearingasprovidedinsubsection2ofthissection,the presiding judges of any two or more adjoining judicial circuits may establish one place of juvenile detention or juvenile detention facility to serve their respective judicial circuits, by agreement confirmed by judicial order.

In such event, the [circuit presiding judges so agreeingshalljointlygoverntheaffairsoftheplaceofjuveniledetentionorjuveniledetention facility and the cost thereof shall be apportioned among the counties served in the manner provided for in subsection 1 of this section.

[3.] 5.

Any county of the third or fourth class desiring to provide its own place of juvenile detention or juvenile detention facility may do so in the manner prescribed for counties of the first and second classes.

[211.342.

1.

(1) In coordination with each other, the governing bodies of the counties within the same judicial circuit may establish a juvenile detention facility to serve the judicial circuit.

(2) The governing body of each county desiring to coordinate a juvenile detention facility under this subsection shall approve an ordinance, order, or resolution authorizing a juvenile detention facility within one of the counties and shall approve an agreement between all counties within the same judicial circuit, as specified by subsection 4 of this section.

2.

(1) Incoordinationwitheachother,thegoverningbodiesofthe counties in adjoining judicial circuits may establish a juvenile detention facility to serve the judicial circuits.

(2) The governing body of each county desiring to coordinate a juvenile detention facility under this subsection shall approve an ordinance, order, or resolution authorizing a juvenile detention facility within one of the counties and shall approve an agreement between all counties within each judicial circuit, as specified by subsection 4 of this section.

3.

The governing body of each county desiring to coordinate a juvenile detention facility under subsection 1 or 2 of this section shall notifythepresidingjudgeofthejudicialcircuitoreachjudicialcircuitof theauthorizationofajuveniledetentionfacility.

Thenoticeshallinclude the authorizing ordinance, order, or resolution of each county and the CCS SS SCS HCS HBs 2637 & 3155 25 approved agreement, as specified in subsection 4 of this section.

4.

The agreement that specifies the duties of each county shall contain the following:

(1) The total cost of establishment and operation of the places of detention;

(2) The prorated formula for the calculation of each county's contributiontothecostsofajuveniledetentionfacilitybaseduponaratio of the respective populations of the counties;

(3) The methods and powers that may be used for constructing, leasing, or financing a juvenile detention facility;

(4) The use of the sales tax as authorized by subsection 6 of this section;

and (5) Thepointoflocationoftheplaceofjuveniledetentionfacility.

5.

Subsection 3 and 4 of section 211.331 shall apply to a juvenile detentionfacilityauthorizedpursuanttothissection.

Theoperationand supportofajuveniledetentionfacilityauthorizedpursuanttothissection shall be regulated in accordance with the rules and standards of the Missouri supreme court under the governance of the presiding judge of the judicial circuit.

If the counties of adjoining judicial circuits have authorized a juvenile detention facility pursuant to this section, the presiding judges shall jointly govern the affairs of the juvenile detention facility.

6.

(1) The counties authorizing a juvenile detention facility pursuant to this section may impose, by order, a sales tax up to one percent on all retail sales made in such counties which are subject to taxation pursuant to the provisions of sections 144.010 to 144.525 for the purpose of providing a juvenile detentionfacility.

Thetaxauthorizedby thissectionshallbeinadditiontoanyandallothersalestaxesallowedby law, except that no order imposing a sales tax pursuant to this section shall be effective unless the governing body, for each county in the judicial circuit or circuits submits to the voters of the county, on any election date authorized in chapter 115, a proposal to authorize the governing body of the county to impose a tax.

(2) Theballotofsubmissionshallcontain,butneednotbelimited to, the following language:

Shall the (counties' names) impose a region- wide sales tax of ______ (insert amount) for the purpose of providing a juvenile detention facility within in the jurisdiction of (judicial circuit's name CCS SS SCS HCS HBs 2637 & 3155 26 or judicial circuits' name)? 65 9 YES 9 NO 67 If you are in favor of the question, place an "X" in the box opposite "YES".

If you are opposed to the question, place an "X" in the box opposite "NO".

72 If a majority of the votes cast on the proposal by the qualified voters of thecountyvotingthereonareinfavoroftheproposal,thentheorderand any amendment to such order shall be in effect on the first day of the second quarter immediately following the election approving the proposal.

If the proposal receives less than the required majority, the governing body of the county shall have no power to impose the sales tax authorized pursuant to this section unless and until the governing body of the county shall again have submitted another proposal to authorize the county commission, or authorized body, to impose the sales tax authorizedbythissectionandsuchproposalisapprovedbytherequired majority of the qualified voters of the county commission, or authorized body, voting on such proposal;

however, in no event shall a proposal pursuant to this section be submitted to the voters sooner than twelve monthsfromthedateofthelastsubmissionofaproposalpursuanttothis section.

(3) All revenue received by a county from the tax authorized pursuanttothissectionshallbedepositedinaspecialtrustfundandshall be used solely for providing a juvenile detention facility for children coming within the provisions of this chapter for so long as the tax shall remain in effect.

(4) Once the tax authorized by this section is abolished or terminated by any means, all funds remaining in the special trust fund shallbeusedsolelyforprovidingajuveniledetentionfacilityforchildren coming within the provisions of this chapter for the counties.

Any funds in such special trust fund which are not needed for current expenditures maybeinvestedbythecountycommissioninaccordancewithapplicable laws relating to the investment of other county funds.

(5) Allsalestaxescollectedbythedirectorofrevenuepursuantto thissectiononbehalfofanycounty, lessonepercentforcostofcollection whichshallbedepositedinthestate'sgeneralrevenuefundafterpayment CCS SS SCS HCS HBs 2637 & 3155 27 of premiums for surety bonds as provided in section 32.087, shall be deposited in a special trust fund, which is hereby created, to be known as the "Juvenile Detention Facility Sales Tax Trust Fund".

The moneys in the juvenile detention facility sales tax trust fund shall not be deemed to be state funds and shall not be commingled with any funds of the state.

The director of revenue shall keep accurate records of the amount of money in the trust fund which was collected in each county imposing a sales tax pursuant to this section, and the records shall be open to the inspection of officers of each member county and the public.

Not later than the tenth day of each month the director of revenue shall distribute all moneys deposited in the trust fund during the preceding month to the county which levied the tax.

Such funds shall be deposited with the treasurerofeachsuchcounty,andallexpendituresoffundsarisingfrom the juvenile detention facility sales tax trust fund shall be paid pursuant to an appropriation adopted by the governing body of the county.

Expenditures may be made from the fund for the function authorized in the order adopted by the governing body of the county submitting the juvenile detention facility tax to the voters.

(6) The director of revenue may make refunds from the amounts in the trust fund and credited to any county for erroneous payments and overpayments made, and may redeem dishonored checks and drafts deposited to the credit of such counties.

If any county abolishes the tax, the governing body of the county shall notify the director of revenue of theactionatleastninetydayspriortotheeffectivedateoftherepeal,and thedirectorofrevenuemayorderretentioninthetrustfund,foraperiod of one year, of two percent of the amount collected after receipt of such noticetocoverpossiblerefundsoroverpaymentofthetaxandtoredeem dishonored checks and drafts deposited to the credit of such accounts.

After one year has elapsed after the effective date of abolition of the tax in such county, the director of revenue shall remit the balance in the account to the county and close the account of that county.

The director of revenue shall notify each county in each instance of any amount refunded or any check redeemed from receipts due the county.

(7) Except as provided in this section, all provisions of sections 32.085and32.087shallapplytothetaximposedpursuanttothissection.

] 211.342.

1.

(1) In coordination with each other, the governing bodies of the countieswithinthesamejudicialcircuitmayestablishajuveniledetentionfacilitytoserve the judicial circuit.

(2) The governing body of each county desiring to coordinate a juvenile detention facilityunderthissubsectionshallapproveanordinance,order,orresolutionauthorizing a juvenile detention facility within one of the counties and shall approve an agreement CCS SS SCS HCS HBs 2637 & 3155 28 between all counties within the same judicial circuit, as specified by subsection 4 of this section.

2.

(1) In coordination with each other, the governing bodies of the counties in adjoining judicial circuits may establish a juvenile detention facility to serve the judicial circuits.

(2) The governing body of each county desiring to coordinate a juvenile detention facilityunderthissubsectionshallapproveanordinance,order,orresolutionauthorizing a juvenile detention facility within one of the counties and shall approve an agreement betweenallcountieswithineachjudicialcircuit,asspecifiedbysubsection4ofthissection.

3.

The governing body of each county desiring to coordinate a juvenile detention facilityundersubsection1or2ofthissectionshallnotifythepresidingjudgeofthejudicial circuit or each judicial circuit of the authorization of a juvenile detention facility.

The noticeshallincludetheauthorizingordinance,order,orresolutionofeachcountyandthe approved agreement, as specified in subsection 4 of this section.

4.

The agreement that specifies the duties of each county shall contain the following:

(1) The total cost of establishment and operation of the places of detention;

(2) The prorated formula for the calculation of each county's contribution to the costsofajuveniledetentionfacilitybaseduponaratiooftherespectivepopulationsofthe counties;

(3) The methods and powers that may be used for constructing, leasing, or financing a juvenile detention facility;

(4) The use of the sales tax as authorized by subsection 6 of this section;

and (5) The point of location of the place of a juvenile detention facility.

5.

Subsections 3 and 4 of section 211.331 shall apply to a juvenile detention facility authorized pursuant to this section.

The operation and support of a juvenile detention facility authorized pursuant to this section shall be regulatedin accordance with the rules andstandardsoftheMissourisupremecourtunderthegovernanceofthepresidingjudge of the judicial circuit.

If the counties of adjoining judicial circuits have authorized a juveniledetentionfacilitypursuanttothissection,thepresidingjudgesshalljointlygovern the affairs of the juvenile detention facility.

6.

(1) Thecountiesauthorizingajuveniledetentionfacilitypursuanttothissection mayimpose,byorder,asalestaxuptoonepercentonallretailsalesmadeinsuchcounties which are subject to taxation pursuant to the provisions of sections 144.010 to 144.525 for the purpose of providing a juvenile detention facility.

The tax authorized by this section shall be in addition to any and all other sales taxes allowed by law, except that no order imposing a sales tax pursuant to this section shall be effective unless the governing body, CCS SS SCS HCS HBs 2637 & 3155 29 foreachcountyinthejudicialcircuitorcircuitssubmitstothevotersofthecounty,onany election date authorized in chapter 115, a proposal to authorize the governing body of the county to impose a tax.

(2) The ballot of submission shall contain,but need not be limited to, the following language:

Shall the (counties' names) impose a region-wide sales tax of ______ (insert amount) for the purpose of providing a juvenile detention facility within the jurisdiction of (judicial circuit's name or judicial circuits' names)? 9 YES 9 NO If you are in favor of the question, place an "X" in the box opposite "YES".

If you are opposed to the question, place an "X" in the box opposite "NO".

If a majority of the votes cast on the proposal by the qualified voters of the county voting thereonareinfavoroftheproposal,thentheorderandanyamendmenttosuchordershall be in effect on the first day of the second quarter immediately following the election approving the proposal.

If the proposal receives less than the required majority, the governing body of the county shall have no power to impose the sales tax authorized pursuanttothissectionunlessanduntilthegoverningbodyofthecountyshallagainhave submitted another proposal to authorize the county commission, or authorized body, to impose the sales tax authorized by this section and such proposal is approved by the required majority of the qualified voters of the county commission, or authorized body, voting on such proposal;

however, in no event shall a proposal pursuant to this section be submitted to the voters sooner than twelve months from the date of the last submission of a proposal pursuant to this section.

(3) All revenue received by a county from the tax authorized pursuant to this section shall be deposited in a special trust fund and shall be used solely for providing a juvenile detention facility for children coming within the provisions of this chapter for so long as the tax shall remain in effect.

(4) Once the tax authorized by this section is abolished or terminated by any means, all funds remaining in the special trust fund shall be used solely for providing a juveniledetentionfacilityforchildrencomingwithintheprovisionsofthischapterforthe counties.

Any funds in such special trust fund which are not needed for current CCS SS SCS HCS HBs 2637 & 3155 30 expenditures may be invested by the county commission in accordance with applicable laws relating to the investment of other county funds.

(5) All sales taxes collected by the director of revenue pursuant to this section on behalf of any county, less one percent for cost of collection which shall be deposited in the state's general revenue fund after payment of premiums for surety bonds as provided in section 32.087, shall be deposited in a special trust fund, which is hereby created, to be known as the "Juvenile Detention Facility Sales Tax Trust Fund".

The moneys in the juvenile detention facility sales tax trust fund shall not be deemed to be state funds and shall not be commingled with any funds of the state.

The director of revenue shall keep accurate records of the amount of money in the trust fund which was collected in each county imposing a sales tax pursuant to this section, and the records shall be open to the inspection of officers of each member county and the public.

Not later than the tenth day of each month the director of revenue shall distribute all moneys deposited in the trust fund during the preceding month to the county which levied the tax.

Such funds shall be deposited with the treasurer of each such county, and all expenditures of funds arising from the juvenile detention facility sales tax trust fund shall be paid pursuant to an appropriation adopted by the governing body of the county.

Expenditures may be made from the fund for the function authorized in the order adopted by the governing body of the county submitting the juvenile detention facility tax to the voters.

(6) The director of revenue may make refunds from the amounts in the trust fund and credited to any county for erroneous payments and overpayments made, and may redeem dishonored checks and drafts deposited to the credit of such counties.

If any county abolishes the tax, the governing body of the county shall notify the director of revenue of the action at least ninety days prior to the effective date of the repeal, and the director of revenue may order retention in the trust fund, for a period of one year, of two percent of the amount collected after receipt of such notice to cover possible refunds or overpaymentofthetaxandtoredeemdishonoredchecksanddraftsdepositedtothecredit of such accounts.

After one year has elapsed after the effective date of abolition of the tax insuchcounty,thedirectorofrevenueshallremitthebalanceintheaccounttothecounty and close the account of that county.

The director of revenue shall notify each county in each instance of any amount refunded or any check redeemed from receipts due the county.

(7) Except as provided in this section, all provisions of sections 32.085 and 32.087 shall apply to the tax imposed pursuant to this section.

[217.362.

1.

The department of corrections shall design and implement an intensive long-term program for the treatment of chronic nonviolent offenders with serious substance abuse addictions who have not CCS SS SCS HCS HBs 2637 & 3155 31 [pleaded]pledguiltytoorbeenconvictedofadangerousfelonyasdefinedin section 556.061.

2.

Prior to sentencing, any judge considering an offender for this programshallnotifythedepartment.

Thepotentialcandidatefortheprogram shall be screened by the department to determine eligibility.

The department shall, by regulation, establish eligibility criteria and inform the court of such criteria.

Notwithstanding any other provision of law to the contrary, except as provided for in section 558.019, if an offender is eligible and there is adequate space, the court may sentence a person to the program which shall consist of institutional drug or alcohol treatmentforaperiodofatleasttwelveandnomorethantwenty-fourmonths,treatment aswellasatermofincarceration.for a period of at least twelve and no more than twenty- four months, as well as a term of incarceration.

Thedepartmentshalldeterminethenature,The department shall determine the nature, intensity, duration, and completion criteria of the education, treatment, and aftercare portions of any program services provided.

Execution of the offender'stermofincarcerationshallbesuspendedpendingcompletionofsaidoffender's term of incarceration shall be suspended pending completion of said program.

If it is determined by the department that the offender has not successfully completed the program, or that the offender is not cooperatively participating in the program, the offender shall be removed fromthefrom the program andthecourtshallbeadvised.and the court shall be advised.

FailureofanoffendertocompletetheprogramFailure shallcausetheoffendertoservethesentenceprescribedbythecourtandvoidof an offender to complete the program shall cause the offender to serve the sentence prescribed by the court and void the right to be considered for probation on this sentence.

An offender's first incarceration in a department of corrections program pursuant to this section prior to release on probation shall not be considered a previous prison commitment for the purpose of determining a minimum prison term pursuant to the provisions of section 558.019.]]558.019.] 217.362.217.655.

TheSubject departmentto ofother correctionsapplicable shallprovisions, designthe andparole implementboard anshall intensivebe long-termresponsible program for thedetermining treatmentwhether ofa chronicperson nonviolentconfined offendersin withthe seriousdepartment substanceshall abuseaddictionswhohavenot[pleaded]pledguiltytoorbeenconvictedofadangerousfelonybe paroled [or released conditionally as definedprovided inby section 556.061.558.011].

The parole board shall receive administrative support from the division of probation and parole.

The division of probation and parole shall provide supervision to all persons referred by the circuit courts of the state as provided by sections 217.750 and 217.760.

The parole board shall exercise independence in making decisions about individual cases, but operate cooperatively within the department and with other agencies, officials, courts, and stakeholders to achieve systemic improvement including the requirements of this section.

PriorThe toparole sentencing,board any judge considering an offender for this program shall notifyadopt theparole department.guidelines to:

The(1) potentialPreserve candidatefinite forprison thecapacity programshallfor be screened by the departmentmost toserious determineand eligibility.violent offenders;

The(2) departmentRelease shall,supervision-manageable bycases regulation,consistent establishwith eligibilitysection criteria217.690; and CCS SS SCS HCS HBs 2637 & 3155 32 inform the court of such criteria.

TheHCS departmentHBs shall2637 notify& the3155 court3 as(3) toUse thefinite offender'sresources eligibilityguided andby thevalidated availabilityrisk ofand spaceneeds inassessments; the program.

Notwithstanding(4) anySupport other provision of lawtothecontrary,exceptasprovidedforinsection558.019,ifanoffenderiseligibleandthere is adequate space, the court may sentence a personseamless toreentry theprocess; program which shall consist of institutional drug or alcohol treatment for a period of at least twelve and no more than twenty- four months, as well as a term of incarceration.

The(5) departmentSet shallappropriate determineconditions the nature, intensity, duration, and completion criteria of thesupervision; education, treatment, and aftercare portions of any program services provided.

Executionand of(6) theDevelop offender'seffective termstrategies offor incarcerationresponding shallto beviolation suspendedbehaviors. pending completion of said program.

Allocation of space in the program may be distributed by the department in proportion to drug arrest patterns in the state.

If the court is advisedthatanoffenderisnoteligibleorthatthereisnospaceavailable,thecourtshallconsider other authorized dispositions.

Uponsuccessfulcompletionoftheprogram,thedivisionofprobationandparoleshallThe advisethesentencingcourtofanoffender'sprobationaryreleasedatethirtydayspriortorelease.parole board shall collect, analyze, and apply data in carrying out its responsibilities to achieve its mission and end goals.

IfthecourtdeterminesthatprobationisnotappropriatethecourtmayordertheexecutionoftheThe offender'sparole sentence.board shall establish agency performance and outcome measures that are directly responsive to statutory responsibilities and consistent with agency goals for release decisions, supervision, revocation, recidivism, and caseloads.