Missouri Senate

Introduced

EARNED COMPLIANCE CREDITS

Under this act, the Division of Probation and Parole must award earned compliance credits equal to one day of time served for every day the offender remains in compliance with the terms of probation or parole. The credits reduce the duration of the term, but may be suspended or rescinded if the offender violates probation or parole. The offender must serve at least two years of the sentence in custody or on probation or parole. Only nonviolent offenders of Class C and D felonies or drug crimes who are not on lifetime supervision may earn the credits.

ADMINISTRATIVE JAIL SANCTIONS

This act also allows the Division of Probation and Parole to place offenders in jail for short periods of time when a probation and parole officer believes an offender has violated a condition of release unless the offender's order of release includes detention as a condition of the probation or parole. The first period of detention may be no longer than 48 hours and the offender may only spend up to 360 hours in jail in a calendar year.

The division must reimburse counties at a rate of $30 per day per offender for these short terms. If there is not enough funding to cover the reimbursement or the jail does not have enough space, then the jail may refuse to accept offenders for detention. Once released from the period of detention, the offender can continue the probation or parole term.

MANDATORY PLACEMENT IN 120-DAY PROGRAM FOR FIRST REVOCATION

Under this act, the court must send certain offenders to one of the department's alternative 120 day or drug treatment programs before revoking the offender's probation upon a determination by the court that the offender committed a violation of the terms of release.

Nonviolent offenders who are on probation or parole for a Class C or D felony offense or a drug offense, have not been placed in a 120 day program during the same sentence, and whose probation or parole violation does not fall within certain specified types of offenses are eligible for placement in one of the alternative programs.

Once the offender has completed the program, the board or court must continue the term of probation or parole without modifying, enlarging, or extending the term based on the same violation.

Time served in the alternative program is to be credited against the offender's sentence.

SENTENCING AND CORRECTIONS OVERSIGHT COMMISSION

This act creates a 13-member commission to oversee the implementation, and to calculate the effects, of this act. The duties of the commission also include determining ways to reinvest any cost savings realized from the passage of this act to pay for evidence-based practices to reduce recidivism and examining how restitution is collected for crime victims.

The Governor and Missouri Supreme Court chief justice have the authority to appoint certain members to the commission, which serve staggered four-year terms. In addition, this act requires the chairs and ranking minority members of the Senate Judiciary Committee and the House Appropriations - Public Safety Committee, the directors of the Missouri State Public Defender System, Missouri Office of Prosecution Services, Missouri Department of Corrections, and the Board of Probation and Parole to serve as voting, ex officio members on the commission. The Judiciary chair and the Appropriations chair shall serve as co-chairs of the commission.

This act requires the commission to issue a report on December 31, 2012, and each year thereafter, to the Speaker of the House, Senate President Pro Tem, Missouri Supreme Court Chief Justice, and the Governor.

The commission's first meeting must occur before February 28, 2013, and the members must meet at least twice a year, only receiving compensation for their actual and necessary expenses. Staff and consultants may be employed by the commission.

MEGHAN LUECKE