SS/SCS/SB 1014 - This act modifies various provisions relating to crime.
The Department of Corrections shall not accept for commitment in its prisons any offender who pleads guilty to or is found guilty of a class D felony unless such person has been found guilty of or pleaded guilty to at least two prior felonies. Nor shall the department accept for commitment any offender who pleads guilty to or is found guilty of certain class C felonies, including passing bad checks, check kiting, forgery, and certain other offenses, unless such person has at least one prior felony.
Any such offender may be: 1) directed, with the agreement of the parties and the approval of the court, to participate in a drug court, DWI court, or any other treatment court approved by the drug courts coordinating commission, 2) sentenced to county jail, or 3) placed on probation.
For the purpose of calculating the savings to the state resulting from implementation of these provisions, the Department of Corrections shall calculate a state baseline number consisting of the average of the numbers of persons in the department on the last day of each month in fiscal year 2009, who were committed to the department solely for certain class C and D felonies as described above.
The department shall calculate the savings to the state each quarter by subtracting the average daily population of offenders housed in prison for such class C and D felonies during the quarter from the state baseline number. The quarterly savings to the state shall be determined by multiplying the operational costs per offender by the difference between the state baseline number and the average daily population for the quarter and then subtracting from that number the cost of probation and parole and the cost of drug, DWI, or other treatment courts for the diverted offenders. If the population of such class C and D felony offenders increases in any quarter, no calculations shall be required.
The savings shall be distributed in the following manner. One-half shall revert to the general revenue fund. Subject to appropriations, one-sixth shall be retained by the Department of Corrections for community supervision costs, one-sixth shall be distributed to the circuit courts, and one-sixth shall be distributed to the "County Corrections Stabilization Fund", which is created under this act to be used by counties to fund the housing of inmates who are serving sentences on such class C and D felonies. The fund shall receive the first $2 million dollars of savings toward its share of the distribution.
The department shall administer the County Corrections Stabilization Fund. The money shall be disbursed to reimburse the actual costs of incarceration up to 180 days per individual offender if: 1) the prisoner pleads guilty to or is found guilty of a state offense for which he or she is sentenced to the department of corrections but received credit for the time served in the county jail prior to sentencing; or 2) the prisoner is held in a county jail for a state offense on a sentence or portion of a sentence following a plea or finding of guilty or is incarcerated under section 559.026. Currently, these types of costs of incarceration are not reimbursed by the state to the counties under Section 221.105, but would be reimbursed under this act from the fund. If there are insufficient moneys in the fund, the department shall pay each county that has reduced the number of persons serving sentences for such felonies with the department a pro rata share of the available amount. The money in the fund shall not revert back to the general revenue fund.
Subject to appropriations, electronic monitoring supervised by counties prior to the plea or finding of guilt of an offender shall be eligible for reimbursement by the state at a rate not to exceed $8 per prisoner per day.
The "Criminal Justice Review Commission" is created to study the effects of these provisions and make recommendations for any proposed changes prior to August 28, 2013. The commission shall make annual reports to the Governor, Speaker of the House, and President pro tem of the Senate. The commission shall include one House member, one Senate member, two judges, the executive director of the Missouri Office of Prosecution Services, a member named by the Public Defender System, a member named by the Sentencing Advisory Commission, the director of the Department of Corrections, the director of the Department of Public Safety, and the following individuals named by the Governor - a county sheriff, criminal defense attorney, and a representative of a victims' rights organization.
The department shall provide the prosecuting or circuit attorney, on a monthly basis, with a list of the persons incarcerated in the department from such county, including the risk assessment and parole release guidelines used by the Board of Probation and Parole for each individual, the list of offenses committed by each person, and the person's conditional and board release date.
Currently, the county's cost of housing an inmate that is reimbursed by the state is subject to the review and approval of the department. This provision is repealed.
Currently, in the case of Class C and D felonies, the court has discretion to imprison a person for a term not to exceed one year in the county jail. Under this act, the court may imprison a person for a term not to exceed two years in the county jail for class D felonies and three years for class C felonies. Currently, if the court imposes a sentence of more than one year, the person shall be committed to the department for a term of not less than two years but not exceeding the maximum authorized term. Under this act, if the court imposes a sentence of imprisonment in the department, it shall make a finding that the person has at least one prior felony for the class C felonies listed above in Section 217.023 and at least two prior felonies for class D felonies.
The Board of Probation and Parole may select nonviolent offenders for release upon their admission to a drug, DWI or treatment court upon agreement with the drug court commissioner or judge. Any such offender shall be subject to the jurisdiction of such court as of if original probation.
Under this act, the circuit court shall retain jurisdiction over any person sentenced to a term of confinement in a county jail for the duration of the sentence or the term of probation granted under law.
These provisions shall expire on August 28, 2013, except that savings resulting from implementation during the year ending on August 28, 2013 shall be calculated and distributed after such date.
Currently, the crime of child molestation in the first degree is a class A felony if the person has previously committed a sexual offense under Chapter 566. Under this act, the penalty for such offense shall be the same when the person has committed a previous sexual offense in another jurisdiction equivalent to one under Chapter 566.
CRIME VICTIMS COMPENSATION FUND
This act modifies the process for appealing a decision of the Department of Public Safety regarding a Crime Victims' Compensation Fund claim.
Currently, an aggrieved person files a petition with the division of workers' compensation to have a decision heard de novo by an administrative law judge. Any party aggrieved by the decision of the administrative law judge may file a petition with the Labor and Industrial Relations Commission to appeal such decision. Finally, any party aggrieved by the commission's decision may appeal to the court of appeals.
Under this act, an aggrieved person may file a petition with the director of the Department of Public Safety to have the original decision of the department staff heard de novo. Any party aggrieved by the decision of the director may file a petition with the Administrative Hearing Commission. The decision of the Administrative Hearing Commission can then be appealed to circuit court.
These provisions of the act are identical to the perfected version of SCS/SB 787 (2010).
SUSAN HENDERSON MOORE