Missouri Senate

Senate Committee Substitute

For the period of July 1, 2008, to June 30, 2009, the department of corrections shall determine from each county the average end of month population of persons committed from each county to the department for a nonviolent offense. Eighty-five percent of such number shall be the maximum number of persons from each county that shall be serving a sentence of imprisonment for a nonviolent offense with the department of corrections at any one time. The department shall calculate and provide such number to each county prior to August 28, 2010.

A county may choose to exceed the maximum number of commitments permitted if it reimburses the state for the cost of incarcerating each person committed that exceeds the maximum number permitted. As an alternative to reimbursing the state for incarceration of such person, the county may, at its own expense, incarcerate the person in a county or municipal jail. The county may make agreements with other counties to incarcerate such person.

The General Assembly shall appropriate any annualized savings generated from this act shall be appropriated as follows: 1) one-half shall revert to the general revenue fund; 2) one-sixth shall be appropriated to the department of corrections for community supervision costs, 3) one-sixth shall be appropriated to the drug court resource fund, and 4) one-sixth shall be appropriated to the "County Corrections Stabilization Fund", which is created under this act to be used by counties to fund the probation services and housing of inmates who would otherwise be incarcerated in the department.

The department shall administer the County Corrections Stabilization Fund and disburse the money to the counties that comply with the maximum number of permitted incarcerations with the department to reimburse actual costs of incarceration 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, each county shall receive a pro rata share of the amount available. If additional moneys are available after reimbursement, each county shall receive a pro rata share based on the percentage of the total number of nonviolent offenders who are reduced in the department because of this act for which each county is responsible. The money in the fund shall not revert back to the general revenue fund.

The department, on a monthly basis or upon request of a prosecutor, shall provide the prosecutor with a list of persons incarcerated in the department for nonviolent offenses from such county, including the risk assessment and parole release guidelines utilized by the board of probation and parole for each individual, the person's conditional and board release date, and the list of offenses committed by each person.

When a county has reached or is nearing its maximum number of permitted incarcerations, the prosecuting attorney may file a motion with the sentencing court recommending a specific person currently incarcerated by granted parole. The sentencing court shall have authority to hear the motion and make a recommendation. The motion must specify why the particular individual has been chosen for recommended release and how the space would be better utilized by incarcerating another person. Victims for which notification is mandatory or those who request notification shall receive notice of the motion from the court and shall be granted an opportunity to be heard by the court. The court shall make a recommendation to the board of probation and parole that such person be granted parole unless the court finds good cause that such person should remain incarcerated.

The Board of Probation and Parole shall make a decision granting or denying the parole of such person within 30 days of receiving the court's recommendation. No hearing shall be required prior to the board's decision. If the board decides to deny the recommended parole, the county shall be permitted to commit an additional person to the department without additional costs or penalty to the county.

The Board of Probation and Parole may select nonviolent offenders for early 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.

This act shall expire August 28, 2013, except that savings resulting from implementation of this section during the year ending August 28, 2013, shall be calculated and distributed after such date.

This act contains an emergency clause for certain provisions.

SUSAN HENDERSON MOORE