SB 834
Modifies provisions relating to Department of Corrections programs
LR Number:
3494H.10C
Last Action:
5/11/2022 - Requests to Recede or Grant Conference Calendar
Journal Page:
Title:
HCS SS SCS SB 834
Calendar Position:
Effective Date:
August 28, 2022
House Handler:

Current Bill Summary

HCS/SS/SCS/SB 834 - This act modifies provisions relating to Department of Corrections programs.

INTERSTATE COMPACT FOR THE SUPERVISION OF PAROLEES (Sections 217.035, 217.650, 217.670, 217.710, 217.720, & 217.810)

This act repeals the provisions of the "Interstate Compact for the Supervision of Parolees and Probation" which permits the Governor to enter into an interstate compact with contracting states to allow people convicted of an offense and placed on probation or released on parole to reside in any other state party to the compact.

This provision is identical to provisions in SB 1023 (2022) and SCS/HB 2088, et al (2022) and substantially similar to SB 371 (2021) and similar to SB 1018 (2020).

EARNED COMPLIANCE CREDITS (Section 217.703)

Under current law, earned compliance credits shall reduce the term of probation, parole, or conditional release by 30 days for each full calendar month of compliance with the terms of supervision. This act changes the amount to 20 days.

Additionally, this act provides that at least twice a year, the Division of Probation and Parole shall calculate the number of months the offender has remaining on his or her term of probation, parole, or conditional release, taking into consideration any work-for-time credits, and shall notify the offender of the remaining term.

This provision is identical to a provision in SCS/HB 2088, et al (2022).

CORRECTIONAL CENTER NURSERY PROGRAM (Sections 217.940 to 217.947)

This act establishes the "Correctional Center Nursery Program" which requires the Department of Corrections to establish a correctional center nursery in one or more of the correctional centers for women operated by the Department by July 1, 2025. The program allows eligible inmates and children born to them while in the custody of the Department to reside together in the institution for up to eighteen months post-delivery. Nothing in this act shall affect, modify, or interfere with the inmate's custodial rights to the child nor establish legal custody of the child with the Department.

An inmate is eligible for the program if:

• She delivers the child while in custody of the Department;

• She gives birth on or after the program is implemented;

• She has a presumptive release date of 18 months or less from the date she applies to participate in the program;

• She has no dangerous felony, sexual offense, or offenses against the family convictions; and

• She meets any other criteria established by the Department.

To participate in the program, the inmate must agree to abide by certain requirements set forth in the act. Any inmate's participation in the program can be terminated by the Department for reasons set forth in the act.

The Division of Child Support Enforcement shall collect support payments made under the assignment and such payments shall be deposited in the inmate's banking account. The Department may accept donations on behalf of the program, but no donations shall be made on behalf of one particular inmate or child. Any financial donations for a specific inmate shall be made through the inmate banking system.

This act also established the "Correctional Center Nursery Program Fund" which shall be used to maintain the program.

This act provides that neither the Department of Corrections, nor the program, shall be subject to regulation, licensing, or oversight by the Department of Health and Senior Services, Department of Social Services, Children's Division, juvenile officer of any jurisdiction, or Office of Childhood unless the Department of Corrections agrees to voluntary regulation, licensing, or oversight.

Finally, the operation of a correctional center nursery program under this act and the presence of inmates' children in the program shall not be considered a dangerous condition that would result in the waiver of sovereign immunity.

These provisions are identical to provisions in CCS/HCS/SS/SB 690 (2022) and SS/SCS/SB 683 (2022).

TERMS OF PROBATION (Sections 559.036, 559.115, & 217.785)

This act provides that the total time on any probation term shall not include time when the probation term is suspended, except when the probation term is suspended by order of the court before a revocation hearing.

Under act, prior to a revocation of probation, the court shall order the placement of an offender in either the Department of Correction's "Structured Cognitive Behavioral Intervention Program" or "Institutional Treatment Program". It shall be at the sole discretion of the Department which program the offender shall be placed.

Upon the successful completion of either program, the Division of Probation and Parole shall advise the sentencing court of the offender's probationary release date 30 days prior to release. The court shall then order the offender's release to continue to serve the term of probation, which shall not be extended based on the same incident of the probation violation.

If the Department determines the offender has not successfully completed the treatment program, the Division of Probation and Parole shall advise the sentencing court of the offender's unsuccessful program exit. The court may then modify or revoke the offender's probation.

This act adds that a person is ineligible for probation if he or she has been found guilty of certain dangerous felonies as provided by law.

Finally, this act repeals provisions relating to the "Missouri Postconviction Drug Treatment Program".

These provisions are substantially similar to provisions in SCS/HB 2088, et al (2022) to provisions in SCS/SB 948 (2022).

COST AND EXPENSES OF EXTRADITION (Section 548.241)

Under current law, all necessary and proper expenses for the return of a person to Missouri pursuant to the Interstate Compact for the Supervision of Parolees and Probationers shall be paid out of the state treasury.

This act repeals this provision and provides that any person being returned to Missouri pursuant to the Interstate Compact for Adult Offender Supervision shall be paid out of either the "Missouri State Compact Fund" or out of the state treasury.

This provision is identical to provisions in SCS/HB 2088, et al (2022) and SB 1023 (2022).

CONDITIONS OF PROBATION (Section 589.564)

Under this act, a circuit court for the jurisdiction in which the probationer is under supervision is authorized to add any condition, upon a petition from the state, to a term of probation for an offender supervised in Missouri for a term of probation ordered by another state. However, the court may not reduce, extend, or revoke a term of probation.

Additionally, the Division of Probation and Parole may submit violation reports to the prosecuting attorney or circuit attorney asking the court to add a condition or sanction to a term of supervision. The Division of Probation and Parole does not have the authorization to reduce, extend, or revoke a term of parole.

This provision is identical to provisions in SCS/HB 2088, et al (2022) and SB 1023 (2022).

MISSOURI STATE COMPACT FUND (Section 589.565)

Under this act, a Missouri probationer or parolee seeking transfer of his or her supervision pursuant to the Interstate Compact for Adult Offender Supervision shall pay a $175 fee for each application, unless waived by the compact commissioner for an undue economic burden on the offender.

This act establishes the "Missouri State Compact Fund" and all fees collected by the commissioners shall be paid to the Fund. The money from the Fund shall be used for the sole benefit of the Department of Corrections to pay the expenses of the Interstate Compact for Adult Offender Supervision.

This provision is identical to provisions in SCS/HB 2088, et al (2022) and SB 1023 (2022).

MARY GRACE PRINGLE

HA #1 - CHANGES THE TITLE FROM "DEPARTMENT OF CORRECTIONS PROGRAMS" TO "PUBLIC SAFETY"

HA #2, AS AMENDED - ADDS PROVISIONS RELATING TO MOTOR VEHICLE REGISTRATION; KRATOM CONSUMER PROTECTION ACT; OFFENSE OF TAMPERING WITH A JUDICIAL, PUBLIC, OR ELECTION OFFICIAL; EARNED DISCHARGE CREDITS; FEES FOR SERVICE OF ANY SUMMONS BY SHERIFFS; RECORDS OF THE DEPARTMENT OF HEALTH AND SENIOR SERVICES; CONCEALED CARRY WEAPONS ON PUBLIC TRANSIT; BRASS KNUCKLES; CONCEALED CARRY WEAPONS; OFFENSE OF STEALING DETACHED CATALYTIC CONVERTERS; AUTOMATED TRAFFIC ENFORCEMENT SYSTEMS; MISSOURI HIGHWAY PATROL RECORD FEES; VIOLENT OFFENDER REGISTRY; BOONE COUNTY SHERIFF SALARY; TELECOMMUNICATOR FIRST RESPONDERS; PERSONAL PRIVACY PROTECTION ACT; BACKGROUND CHECKS FOR EMPLOYEES OF MEDICAL MARIJUANA FACILITIES; CHILD TRAFFICKING; CONDITIONAL RELEASE OF OFFENDERS; EMERGENCY VEHICLE LIGHTS OF PARK RANGERS; GAMBLING BOATS; FIRE DISTRICT EMPLOYEE QUALIFICATIONS; RETAIL THEFT; ORDERS OF PROTECTION; RESTITUTION FOR WRONGFUL CONVICTIONS; WITNESSES IN CASES INVOLVING SEXUAL OFFENSES; UNIFORM PUBLIC EXPRESSION PROTECTION ACT; CHANGE OF VENUE; STATUTE OF LIMITATIONS OF SEXUAL OFFENSES; JURY INSTRUCTIONS; DANGEROUS OFFENDERS; MINIMUM PRISON TERMS; GOOD TIME CREDIT; TERMS OF PROBATION; OFFENSE OF ABUSE OF AN ELDERLY PERSON; SEXUAL OFFENDERS; HUMAN TRAFFICKING AND SEXUAL EXPLOITATION FUND; OFFENSE OF PROPERTY DAMAGE; OFFENSE OF STEALING; OFFENSE OF ORGANIZED RETAIL THEFT; BLAIR'S LAW; OFFENSE OF UNLAWFUL POSSESSION OF A FIREARM; QUALIFICATIONS FOR CONCEAL CARRY PERMITS; OFFENSE OF SEXUAL EXPLOITATION OF A CHILD; OFFENSE OF PATRONIZING SEXUAL PERFORMANCE BY A CHILD; MAX'S LAW; OFFENSE OF ESCAPE FROM CUSTODY; OFFENSE OF DRIVING WHILE INTOXICATED; QUALIFICATION FOR PEACE OFFICERS; PEACE OFFICER BASIC TRAINING TUITION REIMBURSEMENT PROGRAM; SEXUAL ASSAULT SURVIVORS BILL OF RIGHTS; BATTERER INTERVENTION PROGRAM; PUBLIC DEFENDER FUND; CIVIL DETENTIONS; HIGHWAY DESIGNATIONS; RESTITUTION FOR ANIMALS HARMED BY LAW ENFORCEMENT FUND.