- Committee -

SCS/SB 5 - This act allows judicial discretion in determining whether the prior and persistent drug sentencing provisions should apply, or whether the court should instead order seizure of any assets directly related to the commission of the offense and order an approved treatment program.

This act adds alcohol treatment to programs for offenders with substance abuse. The treatment must be at least 12 months and no more than 24 months. The Department of Corrections has the ability to determine the nature, intensity, duration and completion criteria of the programs provided. Thirty days prior to the successful completion of the program, the Board of Probation and Parole shall advise the sentencing court of an offender's probationary release.

Courts shall impose sentencing in all criminal trials after verdict or plea, except for first degree murder. The act requires courts to consider the Sentencing Commission guidelines. Presentence investigations shall include the recommended sentence established by the Sentencing Commission, a description of the impact of the crime upon the victim, and available alternatives to incarceration, including opportunities for restorative justice.

This act requires any offender serving 120 days of a Class C or D nonviolent felony may petition the court to serve the remainder of the sentence on probation or parole. The Department of Corrections shall submit a report to the court that evaluates the offender and recommends whether the offender shall be released. The court shall abide by the recommendations unless it finds it is an abuse of discretion.

This act changes the maximum punishment for a Class D felony from 5 years to 4 years.

In all cases involving violations of Chapter 195, RSMo, the court has discretion to deviate from recommended guidelines, but shall enter written findings for any deviation for statistical purposes only. The findings shall be sent to the Sentencing Commission and made part of the offender's probation and parole record. Failure to enter written findings in these cases, when the sentence ordered is in excess of the guidelines, authorizes but does not require the Board to adjust the sentence to bring it into compliance with the guidelines. If the court suspends the imposition or execution of any sentence, the court may consider various restorative justice methods, such as restitution, community service, or work release programs.

Detention up to 48 hours shall be a condition of probation after determination by a probation or parole officer that the offender violated a condition of continued probation or parole.

A court may recommend placement of an offender in a Department of Corrections 120 day program, depending on the offender and the available resources. Upon completion of the program, the Department shall make a recommendation based on the offender's participation in the program and the court shall follow the recommendations unless it determines it would be an abuse of discretion. This act allows persons convicted of statutory rape in the first degree and statutory sodomy in the first degree, who have no prior convictions for either crime, to be eligible for assessment by the sexual offender treatment unit of the Department of Corrections.

The independent audit required of law enforcement agencies involved in federal forfeitures shall be provided to the Department of Public Safety, as well as to the governing body of the agency. The Department shall not issue funds to any law enforcement agency that fails to comply.

This act is similar to SB 245 (2001).

SARAH MORROW