- Perfected -

SS/SCS/SB 5 - This act makes numerous changes to sentencing.

PROGRAM FOR OFFENDERS WITH SUBSTANCE ABUSE ACTION - 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. An offender's participation in this program shall not be counted as a previous prison commitment (Section 217.362).

HOUSE ARREST - This section allows house arrest for offenders serving sentences on class C or D felonies who have two years or less remaining on the sentence. Current law only allows house arrest if an offender has less than one year remaining (Section 217.541).

PAROLE TIME - This act requires persons discharged from prison or parole, after serving his or her sentence, to be informed in writing of the process and procedure to register to vote (Section 217.730).

PROBATION SERVICES - This act eliminates mandatory probation services for misdemeanor Chapter 570 offenses (Section 217.750).

PROBATION AND PAROLE - Requires all felony cases where the recommended sentence established by the sentencing advisory commission includes probation but the prosecuting attorney does not include probation, the Board of Probation and Parole shall provide the judge with a report on available alternatives to incarceration prior to sentencing.

The act adds to the list of requirements for the presentence or preparole report three additional requirements: (1)information concerning the impact of the crime on the victim; (2) recommended sentence established by the sentencing advisory commission; and (3) available alternatives to incarceration including opportunities for restorative justice (Section 217.760).

CIRCUIT NO. 13 - This act provides that beginning on January 1, 2007, the number of circuit judges in the 13th judicial circuit shall increase from three to four. The fourth circuit judge shall be elected in 2006 for a two-year term and thereafter in 2008 for a full four-year term (Section 478.610).

FEDERAL FORFEITURE SYSTEM - 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 (Section 513.653).

DANGEROUS FELONIES - Adds to the list of dangerous felonies the following: 1) First degree assault of a law enforcement officer; 2) First degree domestic assault; and 3) First degree elder abuse (Section 556.061).

ROLE OF THE COURT AND JURY IN SENTENCING - Creates a bifurcated trial if the jury reaches a guilty verdict. A second hearing shall be conducted for the jury to determine the extent or duration of sentence or other disposition based on the nature and circumstances of the offense and the history of the defendant (Section 557.036).

SENTENCES OF IMPRISONMENT - This act changes the maximum punishment for a Class D felony from 5 years to 4 years (Section 558.011).

PRIOR/PERSISTENT OFFENDERS - Changes authorized maximum terms for persistent and dangerous offenders:

Class A felony-any sentence authorized by a Class A felony;

Class B felony-any sentence authorized by a Class A felony;

Class C felony-any sentence authorized by a Class B felony;

Class D felony-any sentence authorized by a Class C felony.

(Section 558.016)

PRIOR CONVICTIONS, MINIMUM PRISON TERMS - This section allows a previous offender to be released if he or she serves 30% of the sentence or obtains age 70, whichever occurs first.

If there is a Suspended Imposition of Sentence or a Suspended Execution of Sentence, the court may consider several restorative justice methods (Section 558.019).

In drug (Chapter 195) C and D felony cases, the Department of Corrections makes a report to the Probation and Parole Board within 120 days of an offender's release detailing the offender's need for treatment, behavior and alternatives for punishing the offender. The board then has the authority for the duration of the sentence imposed by the court to place the offender in a variety of programs.

This act also changes the number of individuals on the sentencing commission from eleven to thirteen and requires the commission to study alternative sentences and report the recommendations to the General Assembly by July 1, 2005. The recommendations shall be revised every two years (Section 558.019).

DETENTION CONDITION OF PROBATION - Detention up to 48 hours shall be a condition of probation after the determination by a probation or parole officer that the offender violated a condition of continued probation or parole (Section 559.026).

PROBATION - A circuit court has the power to grant probation to an offender anytime up to 120 days after he or she has been delivered to the Department of Corrections.

When the court places an offender in a 120 day program, the offender shall be released on probation upon the successful completion of the program. If it is not recommended the offender be released, a hearing by the circuit court will be conducted to determine if the offender shall be released or if the sentence shall be executed.

A circuit court shall have the power to grant probation up to 120 days after such offender has been delivered to the Department of Corrections, but not after. A court may request the offender be evaluated by the sexual offender assessment unit if the offender has pled guilty to or been found guilty of a sexual assault offense.

The act adds an exception to the reporting rule if the person is being granted probation pursuant to successful completion of a 120-day program. An offender's incarceration in a 120-day program prior to the release on probation shall not be considered a previous prison commitment for determining a minimum prison term (Section 559.115).

PRIVATE INTERESTS--No person providing an assessment or making a recommendation for a probationer to attend counseling or other program may be related to any person having a financial interest in the private counseling entity or program (Section 559.615).

HUMAN CLONING - This act prohibits human cloning and defines "cloning" as the production of a precise genetic copy of a molecule or chromosomes. "Human cloning" is also defined as the creation of or attempt to create a human being by transferring the nucleus from a human cell from whatever source into an oocyte from which the nucleus has been removed.

Any individual knowingly engaging or participating in human cloning or using public funds and public facilities for purposes of human cloning will be guilty of a Class B felony (Section 565.305).

TAMPERING WITH PRESCRIPTION DRUGS-A person commits the crime of tampering with a prescription drug if: 1) casus the intentional adulteration of the concentration or chemical structure of a drug without the consent of the prescribing practitioner; 2)misrepresents a misbranded, altered or diluted prescription drug or drug therapy; or 3) sells a misbranded, altered or diluted drug with the intent to mislead a purchaser. Tampering with a prescription drug is a class A felony (Section 565.350).

FIRST DEGREE ENDANGERMENT OF A CHILD - The penalty for first degree endangering the welfare of a child is increased from a Class D felony to a Class C felony. Subsequent offenses are a Class B felony (Section 568.045).

STEALING - This act increases the stealing penalties for theft of any material used to manufacture methamphetamine to a Class C felony. Any theft of anhydrous ammonia or liquid nitrogen is increased from a Class C felony to a Class B felony (Section 570.030).

STEALING, THIRD OFFENSE - This act changes the crime from a Class C felony to a Class D felony (Section 570.040).

This act is similar to SB 245 (2001); SB 662 (2003); SB 345 (2003); SB 321 (2003); SB 184 (2003).

SARAH MORROW