HB 1826 Allows the Board of Probation and Parole to conduct hearings with offenders via videoconference and establishes a mental health assessment pilot program for criminal offenders

Current Bill Summary

- Prepared by Senate Research -


HCS/HB 1826 - This act allows the Board of Probation and Parole to conduct hearings with offenders via video conference and establishes a mental health assessment pilot program for criminal offenders.

VIDEOCONFERENCING FOR PROBATION AND PAROLE (217.670)

This act allows the Board of Probation and Parole, or a hearing panel of such board, to conduct hearings with offenders via videoconference. Victims may testify at the site where the board is conducting the videoconference or at the institution where the offender is located. The offender, the victim's family, or the victim may object to the use of videoconferencing and, upon such objection, the hearing will be conducted in person.

This provision is identical to a provision contained in SB 823 (2012) and the truly agreed to and finally passed CCS/HCS/SB 636 (2012).

MENTAL HEALTH PILOT PROGRAM (559.117)

In addition, this act allows the Department of Corrections to establish a three-year pilot program in which judges in participating counties may send a criminal offender, upon a motion by a prosecutor, to the Department of Corrections for 120 days for mental health assessment and treatment. The victim must be given notice and an opportunity to be heard before the judge rules on the motion.

At the end of the 120 days, the department must send an assessment report to the sentencing court, which may release the offender on probation. The state probation and parole officer for the offender must work with the Department of Mental Health to enroll eligible offenders into Community Psychiatric Rehabilitation programs.

Offenders are not eligible for the pilot program who have been found guilty of, or plead guilty to, second-degree murder, forcible or first-degree statutory rape, forcible or first-degree statutory sodomy, first degree child molestation that is classified as a Class A felony, or any other offense that does not allow probation or parole. Those found to be predatory sexual offenders are also ineligible.

The directors of the Departments of Corrections and Mental Health are to report to the Governor and the General Assembly by December 31, 2015 on whether the program should be statewide.

This provision is identical to SB 518 (2012) and the truly agreed to and finally passed SS/HB 1318 (2012).

MEGHAN LUECKE


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