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HCS/SCS/SB 799 - This act modifies provisions relating to offenders in custody. 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 HCS/SS/SCS/SB 834 (2022) and SB 1023 (2022) and substantially similar to SB 371 (2021) and similar to SB 1018 (2020). EARNED COMPLIANCE CREDITS (Sections 217.147, 559.036, 559.115, & 217.703) Under current law, certain offenders may receive earned compliance credits to reduce their term of probation, parole, or conditional release. This act repeals those provisions and provides that the Division of Probation and Parole shall file a notification of earned discharge from probation with the court for any defendant who has completed at least 24 months of the probation term and is compliant with the terms of supervision as ordered by the court and Division. The Division shall not file a notification of earned discharge for any defendant who has not paid restitution in full, currently completing a term of probation for any Class A or B felony, or subject to lifetime supervision under the law. A prosecuting or circuit attorney may request a hearing within 30 days of the filing of a notification of earned discharge. If the state opposes the discharge, the prosecuting or circuit attorney shall argue the earned discharge is not appropriate and the defendant should continue to serve the probation term. Such hearing shall be held no later than 60 days after the filing of the notification. If the court finds by a preponderance of the evidence that the earned discharge is not appropriate, the court shall order the probation term to be continued, may modify the conditions of the probation, and may order continued supervision by the Division or the court. If the court finds that the earned discharge is appropriate, the court shall order the defendant discharged from probation. If the prosecuting or circuit attorney does not request a hearing, the court shall order the defendant discharged from probation within 60 days of the filing of the notification of earned discharge, but no earlier than 30 days from the filing of notification of earned discharge. This act is identical to SB 1130 (2022) and to provisions in SCS/HB 2088, et al, (2022) and similar to SB 960 (2020). BAIL (Section 544.453) When a judge or judicial officer sets bail or conditions of release in all courts in Missouri for any offense charged, he or she shall consider whether: • A defendant poses a danger to a victim of crime, the community, any witness to the crime, or to any other person; • A defendant is a flight risk; • A defendant has committed a violent misdemeanor offense, sexual offense, or felony offense in this state or any other state in the last 5 years; and • A defendant has failed to appear in court as a required condition of probation or parole for a violent misdemeanor or felony within the last 3 years. This act is identical to provisions in SCS/HB 2697, et al (2022), SCS/HB 2088, et al, (2022), HB 1637 (2022), and SB 1093 (2022) and similar to SB 487 (2021). 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 HCS/SS/SCS/SB 834 (2022) and SB 1023 (2022). DANGEROUS OFFENDERS (Section 558.016) Under current law, the court may sentence a person to an extended term of imprisonment if such person is a persistent or dangerous offender. This act modifies the definition of a "dangerous offender" to include a person who has been found guilty of a dangerous felony as defined in law. This provision is identical to a provision in SCS/HB 2697, et al (2022), SCS/HB 2088, et al, (2022), and SS/SCS/SB 850 (2022). OFFENSE OF ESCAPE FROM CUSTODY (Section 575.200) This act adds to the offense of escape from custody any person who is being held in custody after arrest for any probation or parole violation who escapes or attempts to escape from custody. This offense shall be a Class A misdemeanor unless the person was under arrest for a felony, in which case it is a Class E felony; or the offense is committed by means of a deadly weapon or holding a person hostage, in which case it is a Class A felony. 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 HCS/SS/SCS/SB 834 (2022) and substantially similar to SB 1023 (2022). MISSOURI INTERSTATE 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 Interstate 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 substantially similar to provisions in HCS/SS/SCS/SB 834 (2022) and SB 1023 (2022). MARY GRACE PRINGLE
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