HB 119 — Modifies provisions relating to offenders in custody

Bill Text

Compared against the Missouri Revised Statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 21 section(s) of the Missouri Revised Statutes: Section 217.035, RSMo; Section 217.147, RSMo; Section 217.451, RSMo; Section 217.650, RSMo; Section 217.670, RSMo; Section 217.690, RSMo.

• Section 217.035, RSMo

  217.810, → bold-face ,

  amended

• Section 217.147, RSMo

  sections 217.703, , → section of this section

  amended

• Section 217.451, RSMo

  to phone services during an offender's term of confinement. No correctional center or other party shall charge an offender in a correctional center a total amount for a domestic phone call, including fees and any per- minute rate, that exceeds the equivalent of twelve cents per minute.

  amended

• Section 217.650, RSMo

  217.810 → 217.805

  amended

• Section 217.670, RSMo

  217.810 → 217.805

  amended

• Section 217.690, RSMo

  No such fee shall be levied or accrue for the first sixty days the offender is on parole or conditional release.

  amended

• Section 217.710, RSMo

  217.810 that → , 217.805 , , , who , ,

  amended

• Section 217.720, RSMo

  , the visitation and supervision of whom the division has undertaken pursuant to the provisions of the interstate compact for the supervision of parolees and probationers authorized in section 217.810, ,

  amended

• Section 221.108, RSMo

  during an inmate's term of confinement. 2. No jail or other party shall charge an inmate in a jail a total amount for a domestic phone call, including fees and any per-minute rate, that exceeds the equivalent of: (1) Fourteen cents per minute for any jail with an average daily population of one thousand or more inmates; or (2) Twenty-one cents per minute for any jail with an average daily population of fewer than one thousand inmates.

  amended

• Section 335.016, RSMo

  . → as specified in this paragraph. The following provisions shall apply with respect to this requirement: services in a correctional center, as defined in section 217.010, and his or her collaborating physician shall satisfy the geographic proximity requirement if they practice within two hundred miles by road of one another; b. (42 U.S.C. Section 1395x, as amended) ; and c. Any rules relating to geographic proximity shall allow a collaborating physician and a collaborating advanced practice registered nurse to practice within two hundred miles by road of one another until August 28, 2025, if the nurse is providing services in a correctional center, as defined in section 217.010. or her

  amended

• Section 506.400, RSMo

  subsequently imprisoned for one or more offenses that such person did not commit. 2. (1) The claimant shall establish the following by a preponderance of evidence: (a) The claimant was convicted of a felony offense and subsequently imprisoned; (b) The claimant's judgment of conviction was reversed or vacated and either the charges were dismissed or on retrial the claimant was found to be not guilty; (c) The claimant did not commit the offense or offenses for which the claimant was convicted and was not an accessory or accomplice to the acts that were the basis of the conviction and resulted in a reversal or vacation of the judgment of conviction, dismissal of the charges, or finding of not guilty on retrial; and (d) The claimant did not commit or suborn perjury, fabricate evidence, or by the claimant's own conduct cause or bring about the conviction. Neither a confession or admission later found to be false nor a guilty plea shall constitute committing or suborning perjury, fabricating evidence, or causing or bringing about the conviction under this subsection. (2) The court, in exercising its discretion as permitted by law regarding the weight and admissibility of evidence submitted under this section, may, in the interest of justice, give due consideration to difficulties of proof caused by the passage of time, the death or unavailability of witnesses, the destruction of evidence, or other factors not caused by such persons or those acting on their behalf. 3. If the court finds that the claimant is wrongfully convicted, it shall enter a certificate of innocence finding that the claimant was innocent of all offenses for which the claimant was mistakenly convicted. The clerk of the court shall send a certified copy of the certificate of innocence and the judgment entry to the attorney general for payment under section 105.711. 4. Upon entry of a certificate of innocence, the claimant shall automatically be granted an order of expungement from the court in which he or she pled guilty or was sentenced to expunge from all official records or recordations of his or her arrest, plea, trial, or conviction. Upon granting of the order of expungement, the records and files maintained in any administrative or court proceeding in an associate or circuit division of the court shall be confidential and only available to the parties or by order of the court for good cause shown. The effect of such order shall be to restore such person to the status he or she occupied prior to such arrest, plea, or conviction and as if such event had never taken place. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his or her failure to recite or acknowledge such arrest, plea, trial, conviction, or expungement in response to any inquiry made of him or her for any purpose whatsoever, and no such inquiry shall be made for information relating to an expungement under this subsection. 5Upon entry of a certificate of innocence, the court shall order the expungement and destruction of the associated biological samples authorized by and given to the Missouri state highway patrol. The order shall state the information required to be stated in a petition to expunge and destroy the samples and profile record and shall direct the Missouri state highway patrol to expunge and destroy such samples and profile record. The clerk of the court shall send a certified copy of the order to the Missouri state highway patrol, which shall carry out the order and provide confirmation of such action to the court. Nothing in this subsection shall require the Missouri state highway patrol to expunge and destroy any sample or profile record associated with the claimant that must be retained by state statute. 6. The decision to grant or deny a certificate of innocence shall not have a res judicata effect on any other proceedings.

  amended

• Section 548.241, RSMo

  or 217.810

  amended

• Section 548.221, RSMo

  3. Any necessary and proper expenses accruing as a result of a person being returned to this state under the provisions of chapter 589 may be paid either out of the Missouri interstate compact fund established in chapter 589 or out of the state treasury.

  amended

• Section 558.031, RSMo

  conviction , and conviction → the offense occurred . This credit shall be based upon the certification of the sheriff as provided in subdivision (3) of subsection 2 of section 217.305 and may be supplemented by a certificate of a sheriff or other custodial officer from another jurisdiction having held the person on the charge of the offense for which the sentence of imprisonment is ordered. additional the commencement of the sentence for those offenses for which the person was incarcerated but for whom no detainer or warrant was served

  amended

• Section 559.100, RSMo

  occurring 2021 → for which the offender is sentenced 2023 8. The total amount of credit given shall not exceed the number of days between the date of offense and commencement of sentence.

  amended

• Section 558.041, RSMo

  may may inmate or may or a portion of any inmate The department shall cause the policy to be published in the code of state regulations. 5. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024 → shall , but any program or activity, as described in subsection 3 of this section, that is completed by an offender prior to August 28, 2023, shall apply retroactively for good time credit (1) (2) shall offender (3) major conduct , violation of , parole revocation, or the accumulation of minor conduct violations exceeding six within a calendar year shall prior offender (4) The policy shall specify the programs or activities for which credit may be earned under this section; the criteria for determining productive participation in, or completion of, the programs or activities; and the criteria for awarding credit. (5) No offender committed to the department who is sentenced to death or sentenced to life without probation or parole shall be eligible for good time credit. (6) The department shall award credit of sixty days to any qualifying offender who successfully: (Receives a high school diploma or equivalent, college diploma, or a vocational training certificate as provided under the department's policy; (b) Completes an alcohol or drug abuse treatment program as provided under the department's policy, except that alcohol and drug abuse treatment programs ordered by the court or parole board shall not qualify; (c) Completes one thousand hours of restorative justice; or (d) Completes other programs as provided under the department's policy. (7) Each qualifying program or activity successfully completed shall earn sixty days of credit. (8) Offenders sentenced under subsections 2 and 3 of section 558.019 shall be eligible for good time credit. Any good time credit earned shall be subtracted from the offender's minimum eligibility-for-release date. (9) Nothing in this section shall be construed to require that the offender be released as a result of good time credit. The parole board in its discretion shall determine the date of release. Offenders may petition the department to receive credit for programs or activities completed prior to August 28, 2023, as specified below: (1) Offenders are eligible to submit petitions from January 1, 2024, to December 31, 2024; (2) Offenders must have completed the program or activity after December 31, 2009; and (The provisions of this subsection shall apply retroactively to offenses committed after December 31, 2009. 5. No offender committed to the department who is sentenced to death or sentenced to life without probation or parole shall be eligible for good time credit under this section

  amended

• Section 559.016, RSMo

  or modified under section 217.703 Such term may be modified by the division of probation and parole under section 217.703.

  amended

• Section 559.036, RSMo

  (1)

  amended

• Section 559.016, RSMo

  (2) The division of probation and parole shall file a notification of earned discharge from probation with the court for any defendant who has completed at least twenty-four months of the probation term and is compliant as determined by the policies of the division of probation and parole with the terms of supervision as ordered by the court and division. The division shall not file a notification of earned discharge for any defendant who has not paid ordered restitution in full, is on a term of probation for any class A or class B felony, or is subject to lifetime supervision under sections

  amended

• Section 559.106, RSMo

  a notification of earned discharge is filed. (3) The prosecuting or circuit attorney may request a hearing within thirty days of the filing of the notification of earned discharge from probation. If the state opposes the discharge of the defendant, the prosecuting or circuit attorney shall argue the earned discharge is not appropriate and the offender should continue to serve the probation term. (4) If a hearing is requested, the court shall hold the hearing and issue its order no later than sixty days after the filing of the notification of earned discharge from probation. If, after a hearing, the court finds by a preponderance of the evidence that the earned discharge is not appropriate, the court shall order the probation term continue, may modify the conditions of probation as appropriate, and may order the continued supervision of the defendant by either the division of probation and parole or the court. If, after a hearing, the court finds that the earned discharge is appropriate, the court shall order the defendant discharged from probation. (5) If the prosecuting or circuit attorney does not request a hearing, and the court does not otherwise order a hearing, the court shall order the defendant discharged from probation within sixty days of the filing of the notification of earned discharge from probation but no earlier than thirty days from the filing of notification of earned discharge from probation.

  amended

• Section 589.564, RSMo

  any condition to a term of probation for an offender supervised in this state for a term of probation ordered by another state, including shock incarceration; however, the court shall not reduce, extend, or revoke such a term of probation. The circuit court for the jurisdiction in which a probationer is under supervision shall serve as the authorizing court for the purposes of this section. The prosecuting attorney or circuit attorney for the jurisdiction in which a probationer is under supervision shall serve as the authorized person to petition the court to add a condition of probation. Notwithstanding any provision of section 549.500 or 559.125, the division of probation and parole may submit violation reports to the prosecuting attorney or circuit attorney with authority to petition the court to add a condition to a term of probation under this section. 2. If supervision of a parolee in Missouri is administered pursuant to this compact, the division of probation and parole shall have the authority to impose a sanction or additional conditions in response to written violations of supervision; however, the division of probation and parole shall not reduce, extend, or revoke such a term of parole.

  amended

• Section 589.565, RSMo

  through this compact shall pay a fee in the amount of one hundred seventy-five dollars for each transfer application submitted. The transfer application fee shall be paid to the compact commissioner upon submission of the transfer application. The commissioner or commissioner's designee may waive the application fee if either the commissioner or the commissioner's designee finds that payment of the fee would constitute an undue economic burden on the offender. All fees collected pursuant to this section shall be paid and deposited to the credit of the "Missouri Interstate Compact Fund", which is hereby established in the state treasury. 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 the fund shall be used for the sole benefit of the department of corrections in support of administration of this section; expenses related to assessment, retaking, staff development, and training; and implementation of evidence-based practices in support of offenders under supervision. 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. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund. Section 1. 1. For purposes of this section, the term "exoneree" means a person who was convicted of an offense and later officially declared innocent of that offense or relieved of all legal consequences of the conviction because evidence of innocence that was not presented at trial required reconsideration of the case. 2. The department of corrections shall develop a policy and procedures outlining for exonerees how to obtain a birth certificate, Social Security card, and state identification prior to release from a correctional center. The policy shall be made available to all exonerees, regardless of the method by which an exoneree was exonerated. If an exoneree does not have access to his or her birth certificate, Social Security card, or state identification upon release, the department shall assist such exoneree in obtaining the documents prior to release. 3. The department shall be required to provide an exoneree, upon his or her release from a correctional facility, with the same services the department is required to provide an offender upon release from a correctional facility.

  amended

Action History

1. April 26, 2023

   SCS Voted Do Pass (S)

2. April 26, 2023

   Executive Session Held (S)

3. April 24, 2023

   Public Hearing Held (S)

4. April 21, 2023

   Public Hearing Scheduled (S) - Monday, April 24, 2023, 12:00 p.m., Senate Committee Room 1

5. April 20, 2023

   Second read and referred: Judiciary and Civil and Criminal Jurisprudence(S)

6. April 11, 2023

   Reported to the Senate and First Read (S)

7. April 11, 2023

   Third Read and Passed (H) - AYES: 141 NOES: 0 PRESENT: 12

8. April 11, 2023

   Taken Up for Third Reading (H)

9. April 11, 2023

   Placed on the Informal Third Reading Calendar (H)

10. April 11, 2023

    Reported Do Pass (H) - AYES: 6 NOES: 0 PRESENT: 0

11. April 11, 2023

    Voted Do Pass (H)

12. April 11, 2023

    Executive Session Completed (H)

13. April 06, 2023

    Referred: Fiscal Review(H)

14. April 05, 2023

    Perfected with Amendments (H) - HA 1, HA 2, HA 3 and HA 5, adopted.

15. April 05, 2023

    HCS Adopted (H)

16. April 05, 2023

    Title of Bill - Agreed To

17. April 05, 2023

    Taken Up for Perfection (H)

18. March 23, 2023

    Reported Do Pass (H) - AYES: 7 NOES: 0 PRESENT: 0

19. March 23, 2023

    Voted Do Pass (H)

20. March 23, 2023

    Executive Session Completed (H)

21. March 20, 2023

    Referred: Rules - Administrative Oversight(H)

22. March 09, 2023

    HCS Reported Do Pass (H) - AYES: 9 NOES: 0 PRESENT: 0

23. March 08, 2023

    HCS Voted Do Pass (H)

24. March 08, 2023

    Executive Session Completed (H)

25. February 15, 2023

    Public Hearing Completed (H)

26. February 02, 2023

    Referred: Corrections and Public Institutions(H)

27. January 05, 2023

    Read Second Time (H)

28. January 04, 2023

    Read First Time (H)

29. December 01, 2022

    Prefiled (H)

Sponsors

• Kimberly-Ann Collins · Cosponsor
• Brenda Shields · Primary

Votes

Subjects