SB 128
Modifies provisions relating to the operation of canteens and commissaries by correctional centers
Sponsor:
LR Number:
1113H.02C
Committee:
Last Action:
5/13/2021 - H Informal Calendar Senate Bills for Third Reading w/HCS
Journal Page:
Title:
HCS SB 128
Calendar Position:
Effective Date:
Emergency clause
House Handler:

Current Bill Summary

HCS/SB 128 - This act modifies provisions relating to public safety.

RESIDENTIAL CARE FACILITIES (Sections 210.143, 210.493, 210.1250, 210.1253, 210.1256, 210.1259, 210.1262, 210.1263, 210.1264, 210.1265, 210.1268, 210.1271, 210.1274, 210.1280, 210.1283, & 210.1286)

This act establishes the "Residential Care Facility Notification Act", which sets forth certain regulations for residential care facilities, including exempt-from-licensure facilities. All residential facilities shall allow parents or guardians unencumbered access to their children in the facility without requiring prior notification to the facility. A facility shall provide for adequate food, clothing, shelter, medical care, and other care necessary for the child's physical, mental, or emotional health or development.

Facilities shall comply with all state and local fire, safety, health, and sanitation inspections.

Exempt-from-licensure facilities shall, upon request by the Department or a law enforcement officer, provide a full census and demographic information of children at the facility, including parental or other guardian contact information, and of adults working, residing, or having access to children at the facility.

The Department, the prosecuting or circuit attorney, or the Attorney General may seek injunctive relief to cease the operation of a facility and removal of the children for violations of this act, including an immediate health, safety, or welfare concern for the children at the facility. If the court refers the matter to a juvenile officer, the court may also enter an order placing a child in the emergency, temporary protective custody of the Children's Division for a period not to exceed 5 days until either the parent or legal guardian makes suitable arrangements for the child or the juvenile court assumes jurisdiction of the child for further proceedings.

Nothing in this act shall give any governmental agency jurisdiction or authority to regulate or attempt to regulate, control, or influence the form, manner, or content of the religious curriculum, program, or ministry of a school or facility sponsored by a church or religious organization.

A person shall be guilty of a Class B misdemeanor if such person knowingly fails to complete a criminal background check as required under this act.

These provisions have an emergency clause.

These provisions are identical to provisions in HCS/SS/SCS/SBs 53 & 60 (2021) and substantially similar to HCS/HBs 557 & 560 (2021).

JURISDICTION OF JUVENILE COURT (Sections 211.012)

This act clarifies that, for purposes of the law and jurisdiction of the juvenile court, a person shall not be considered a child if at the time of the alleged violation such person was considered an adult according to the then existing law. This act repeals provisions relating to the age of certification of a child as an adult.

This provision contains an emergency clause.

This provision is identical to a provision in HCS/SS/SCS/SBs 53 & 60 (2021) and HB 1242 (2021).

DIVISION OF YOUTH SERVICES (Section 211.181)

No court shall require a child to remain in the custody of the Division of Youth Services for a period which exceeds the child's nineteenth birth date except upon a petition filed by the Division of Youth Services.

This provision contains an emergency clause.

This provision is identical to a provision in HCS/SS/SCS/SBs 53 & 60 (2021) and HB 1242 (2021).

JUVENILE JUSTICE PRESERVATION FUND (Section 211.435)

This act also modifies provisions relating to the "Juvenile Justice Preservation Fund." This act moves such fund from the state treasury into each county's circuit court for the purpose of implementing and maintaining the expansion of juvenile court jurisdiction to 18 years of age. The funds shall consist of surcharges collected for traffic violations and other donations or appropriations.

Funds currently held by the state treasurer in the Juvenile Justice Preservation Fund shall be payable and revert to the circuit court's fund in the county of origination. Expenditures from the county circuit court fund shall be made at the discretion of the juvenile office for the circuit court and shall be used for the expansion of the juvenile court's jurisdiction. Funds shall not be expended for capital improvements or to replace or reduce the responsibilities of the county or state to provide funding for juvenile treatment services.

This provision is identical to a provision in HCS/SS/SCS/SBs 53 & 60 (2021) and HB 1242 (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 provisions in HCS/SS/SCS/SBs 53 & 60 (2021) and to SB 128 (2021), SB 864 (2020), and SB 434 (2019) and similar to HCS/HB 303 (2019).

INMATE FEMININE HYGIENE PRODUCTS (Section 217.199 & 221.065)

This act 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).

These provisions contain an emergency clause.

This provision is identical to a provision in HCS/SS/SCS/SBs 53 & 60 (2021) and HCS/SS/SB 212 (2021).

ALTERNATIVE SENTENCING (Sections 217.777 & 559.120)

This act provides that the Department of Corrections shall administer a community corrections program to encourage the establishment of local sentencing alternatives for offenders to promote opportunities for nonviolent primary caregivers to care for their dependent children.

These provisions are identical to provisions in HCS/SS/SCS/SBs 53 & 60 (2021) and HB 531 (2021).

COMPENSATION OF COURT REPORTERS (Section 485.060)

This act provides that the annual salary of each court reporter for a circuit judge shall be adjusted by a percentage based on each court reporter's cumulative years of service with the circuit courts.

This provision is identical to a provision in HCS/SS/SCS/SBs 53 & 60 (2021), SS#2/SCS/HCS/HB 271 (2021), HB 1242 (2021), and HCS/SS/SB 91 (2021) and similar to HB 707 (2021), a provision in HCS/SS/SCS/SB 594 (2020), in HCS/SCS/SB 662 (2020), in HCS/SCS/SB 725 (2020), in HCS/HB 1819 (2020), SB 908 (2020), and HB 2191 (2020).

SEVERABILITY CLAUSE (SECTION 1)

This act contains a severability clause.

MARY GRACE BRUNTRAGER