Missouri Senate

Introduced

PROBATION AND PAROLE BOARD

This act renames the Missouri Board of Probation and Parole as the Parole Board. The Board shall exercise independence in its decision making but operate cooperatively within the department of corrections and with other agencies, officials, courts, and stakeholders to achieve systemic improvement. Under this act, the board shall adopt guidelines pertaining to: finite prison capacity for violent offenders, releasing supervision manageable cases, use of finite resources, supporting seamless reentry, setting appropriate conditions of supervision, and developing strategies for responding to violations. In addition, the act requires the Board to collect and publish data on parolees.

This act creates "the Division of Probation and Parole" as a new division within the Department of Corrections.

Under this act, the Division of Probation and Parole will give administrative support to the Parole Board as well as assume supervision over all offenders subject to probation, parole, and supervision, and provide programs necessary to carry out its responsibilities. Additionally, the director of the Division will assume the role of appointing probation and parole officers in lieu of the chairman of the Parole Board, and issue warrants for the arrest of persons under the supervision of the Division.

This act requires the Department of Corrections to establish a "community behavioral health program". Under the program, the Department will collaborate with the Department of Mental Health to provide comprehensive community-based services for individuals under the supervision of the Department of Corrections who have serious behavioral health conditions.

The Department of Corrections must adopt a streamlined, validated risk/need assessment tool in order to evaluate the risk/need of offenders as it pertains to department programs. In addition, the act modifies the parole review standards and instructs the Parole Board to conduct a risk/need assessment prior to an offender's hearing, and allows the Board to waive the hearing if the assessment indicates the offender may be paroled without an interview. Also, special parole conditions shall be responsive to the assessed risk and needs of the offender.

This act allows for a victim who has requested an opportunity to be heard by the Parole Board to receive notice that the Board is conducting a risk assessment of the inmate.

This act repeals a provision requiring an offender seeking parole to have achieved, or have made an honest good-faith effort to achieve, a high school diploma or its equivalent.

This act authorizes community supervision centers to respond to violations and prevent revocations.

EARNED COMPLIANCE CREDIT

This act gives the Division of Probation and Parole oversight over the awarding and supervision of earned compliance credits. The Division may rescind earned credits if the offender is found ineligible for credits because of a violation which indicates a longer term of probation, parole or conditional release is necessary. Additionally, this act requires offenders to complete restitution prior to final discharge by the Division.

VICTIM COMPENSATION AND SAFE KITS

Currently, if a victim of a crime submits a claim for compensation and the claim is rejected for lack of substantial proof, the victim has thirty days to amend their claim before the claim will be dismissed with prejudice. Additionally, no victim of a crime may recover if the victim has been found guilty of two felonies within the last ten years if one or both involved illegal drugs or violence. This act repeals those provisions.

Currently, if a victim of a crime is from outside of Missouri, the victim is not eligible for compensation unless federal funds for compensation exist. This act repeals that provision.

Currently, compensation for medical services may not exceed $2,500 and compensation for out-of-pocket loss as a result of property seized by a law enforcement investigation may not exceed $250. This act repeals that provision. Additionally, this act modifies the scope of "personal injury" to include emotional or mental harm.

Currently, no case may be awarded compensation if police records show a report was not issued within forty-eight hours. This act repeals that provision and allows victims of domestic violence, sexual offenses, and stalking to provide sworn statements in lieu of official records.

Currently, the Department of Revenue is not liable to make payments of compensation for any out-of-pocket expenses incurred more than three years following the date of the occurrence of the crime. This act repeals that provision.

This act modifies the requirements of law enforcement agencies as it pertains to the acquisition and storage of forensic examination evidence.

JAIL PAYMENTS

This act authorizes the presiding judge of a judicial circuit to propose expenses reimbursable by the state on behalf of one or more of the counties in that circuit.

LAW ENFORCEMENT

This act eliminates the "Missouri Crime Prevention Information Center" and replaces it with the "Missouri Law Enforcement Assistance Program" which has the purpose of providing state financial and technical assistance to programs including reimbursement for overtime, increasing analytical capacity, and community policing.

RECORDS

This act repeals a provision requiring the deletion of uniquely identifying medical information within a criminal record prior to its being made available to qualified persons and organizations.

This act authorizes automation of Department of Corrections records and makes some records available to law enforcement agencies and qualified persons and organizations as defined by the Health Insurance Portability and Accountability Act.

MIKE WEAVER