SB 212
Modifies provisions relating to the Department of Corrections, the Division of Probation and Parole, and the Parole Board
Sponsor:
LR Number:
0457H.04C
Last Action:
5/14/2021 - H Informal Calendar Senate Bills for Third Reading w/HCS
Journal Page:
Title:
HCS SS SB 212
Calendar Position:
Effective Date:
August 28, 2021
House Handler:

Current Bill Summary

HCS/SS/SB 212 - This act modifies provisions relating to corrections.

BASE SALARY SCHEDULES FOR COUNTY OFFICIALS (Section 50.327)

Under current law, the salary schedule for a county sheriff shall be set as a base schedule according to law and the salary commission may increase the compensation of a county sheriff up to $6,000 greater than the salary schedule. This act repeals the provisions relating to the salary schedule for county sheriffs.

Additionally, this act repeals the provision that the salary commission of any third class county may amend the base schedules of county officials to include certain assessed valuation factors.

This provision has a delayed effective date.

This provision is identical to a provision in SCS/SB 510 (2021).

DEPARTMENT OF CORRECTIONS (Sections 56.380, 56.455, 105.950, 149.071, 149.076, 214.392, 217.010, 217.030, 217.250, 217.270, 217.362, 217.364, 217.455, 217.541, 217.650, 217.655, 217.690, 217.692, 217.695, 217.710, 217.735, 217.829, 217.845, 549.500, 557.051, 558.011, 558.026, 558.031, 558.046, 559.026, 559.105, 559.106, 559.115, 559.125, 559.600, 559.602, 559.607, 566.145, 571.030, 575.205, 575.206, 589.042, 650.055, & 650.058)

This act modifies several provisions relating to the Department of Corrections.

This act replaces the "Department of Corrections and Human Resources" with "Department of Corrections" and the "board of probation and parole" with the "Division of Probation and Parole" or the "Parole Board".

This act also adds that the chairperson of the board shall employ employees as is necessary to carry out duties, serve as the appointing authority over such employees, and provide for appropriate training to members and staff.

This act repeals the provision that the chairperson of the board shall also be the Director of the Division of Probation and Parole. These provisions are substantially similar to SB 862 (2020).

COURT FEES COLLECTED BY SPECIALLY APPOINTED SERVERS (Sections 57.280.5 and 488.435)

Currently, sheriffs and persons specially appointed to serve any summons, writ, subpoena, or other order of the court shall receive $10 for each service, which the State Treasurer shall deposit into the deputy sheriff salary supplementation fund.

This act provides that the court clerk shall collect $10 as a court cost for service of any summons, writ, subpoena, or other order of the court when any person other than a sheriff is specially appointed to serve in a county that receives funds from the deputy sheriff salary supplementation fund. The State Treasurer shall then deposit the funds into the deputy sheriff salary supplementation fund.

This provision is identical to HB 748 (2021) and SB 776 (2020).

COMPENSATION OF COUNTY SHERIFFS (Section 57.317)

This act provides that the county sheriff in any first and second class county shall receive an annual salary equal to 80% computed by a salary schedule as provided in the act.

Additionally, this act provides that the county sheriff in any third or fourth class county shall receive an annual salary computed by a salary schedule as provided in the act. The salary schedule shall be based off a percentage of the salary of associate circuit judges.

Finally, this act provides that the county sheriff in any county other than a charter county shall not receive an annual compensation less than the compensation provided under this act.

This provision has a delayed effective date.

This provisions is identical to SCS/SB 510 (2021).

MEDICATION-ASSISTED TREATMENT (Section 191.1165)

Under this act, the Department of Corrections and all other state entities responsible for the care of persons detained or incarcerated in jails or prisons shall be required to ensure all such persons are assessed for substance abuse disorders; shall make available certain medication-assisted treatment services, consistent with a treatment plan developed by a physician; and shall not impose any arbitrary limitations on the type of medication or other treatment prescribed or dose or duration of the recommended services.

This act also modifies the list of covered medications to include formulations of buprenorphine other than tablets and formulations of naltrexone including extended-release injectable formulations.

These provisions are identical to SCS/HB 532 (2021).

INMATE CANTEEN FUND (Section 217.195)

Under current law, the chief administrative officer of a correctional center may operate a canteen or commissary for the use and benefit of the offenders with the approval of the Division Director. Each correctional center keeps revenues received from the canteen or commissary to purchase the goods sold and other operating expenses.

Under this act, the Director of the Department of Corrections must approve the creation and operation of any canteen or commissary. This act also creates the "Inmate Canteen Fund" in the state treasury which shall consist of funds received from the inmate canteens. Any proceeds generated from this fund shall be expended solely for the purpose of improving inmate recreational, religious, educational, and reentry services.

This act repeals the current "Inmate Canteen Fund", which receives the remaining funds from sales of the canteen or commissary. These provisions are identical to SB 128 (2021), SB 864 (2020), and SB 434 (2019) and similar to HCS/HB 303 (2019).

FEMININE HYGIENE PRODUCTS (Section 217.199 & 221.065)

This act also provides that Director of Corrections and any sheriff or jailer who holds a person in custody shall ensure that an appropriate quantity of feminine hygiene products are available at no cost to female offenders while confined in any correctional center or jail. The General Assembly may appropriate funds to assist with the funding of this requirement. This provision contains an emergency clause.

This provision identical to HB 318 (2021).

INMATE CO-PAYS (Section 217.243)

This act provides that, effective January 1, 2023, any inmate who receives an on-site, non-emergency medical examination or treatment from the correctional center's medical personnel shall be assessed a charge of 50 cents per visit for the medical examination or treatment.

Inmates shall not be charged a co-pay fee for the following:

• Staff-approved follow-up treatment for chronic illnesses;

• Preventive health care;

• Emergency services;

• Prenatal care;

• Diagnosis or treatment of chronic infectious diseases;

• Mental health care; or

• Substance abuse treatment.

This act provides that inmates without funds shall not be charged, provided they are considered to be indigent and unable to pay the health care services fee. Additionally, this act provides that the Department of Corrections shall deposit all funds collected into General Revenue. These provisions are similar to SB 395 (2021).

FEDERAL STIMULUS FUNDS TO INMATES (Section 217.845)

This act provides that offenders who receive funding from the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act shall use such funds to make restitution payments ordered by a court resulting from a conviction of a violation of any local, state, or federal law. These provisions are identical to provisions in SCS/SB 374 (2021).

DEPARTMENT OF CORRECTIONS REIMBURSEMENTS TO COUNTIES (Section 221.105)

Under current law, the Department of Corrections shall issue a reimbursement to a county for the actual cost of incarceration of a prisoner not to exceed certain amounts as provided in the act. However, the amount shall not be less than the amount appropriated in the previous fiscal year.

This act repeals the provision that the amount reimbursed to counties shall not be less than the amount appropriated in the previous fiscal year.

This provision is identical to a provision in SS#2/SCS/HCS/HB 271 (2021).

GAMBLING BOATS (Sections 313.800, 313.805, and 313.812)

Current law defines "excursion gambling boat" as a boat, ferry, or other floating facility. This act modifies such definition to include nonfloating facilities, which are defined as any structure within 1,000 feet of the Missouri or Mississippi rivers that contains at least 2,000 gallons of water beneath or inside the facility.

This act also modifies current law relating to the licensure of excursion gambling boats to allow for nonfloating facilities.

This act is identical to HB 507 (2021) and SB 506 (2021).

THE OFFENSE OF RESISTING OR INTERFERING WITH ARREST (Section 575.150)

Under current law, a person commits the offense of resisting an arrest, detention, or stop if he or she reasonably knows a law enforcement officer is making an arrest.

This act adds that it shall be a class E felony if a person flees arrest by operating a motor vehicle resulting in pursuit by a law enforcement officer operating a motor vehicle.

This provision is identical to provisions in HB 301 (2021).

MARY GRACE BRUNTRAGER