HB 0424 Department of Corrections
Sponsor:CRUMP (152) Handling House Bill:CASKEY
Committee:CIVI LR Number:S0954.06T
Last Action:07/05/95 - Signed by Governor
Title:CCS/SCS/HB 424
Effective Date:August 28, 1995
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Current Bill Summary

CCS/SCS/HB 424 - This act decreases the additional pay prosecuting attorneys receive if their county has Department of Corrections (DOC) facilities with over seven hundred fifty, but less than three thousand, inmates. However, a prosecuting attorney whose county has facilities with more than three thousand inmates shall receive a pay increase. For second class counties with facilities totalling more than two thousand inmates, additional compensation will be cut off as of December 31, 2002.

OFFENDER RECORDS - DOC's Health Care Administrator may request any health records of offenders who are cared for by a hospital or health provider during their incarceration. Copies of all DOC records shall be admissible in evidence to the same extent as the original record.

OFFENDER COMPENSATION - An offender shall only receive compensation for work which has been approved by the Director of the correctional center where the offender is assigned.

PAROLE - A court shall defer an offender's parole sixty days or deduct up to fifty percent from the offender's account in each case where the offender: 1) files a false or frivolous claim with the court; 2) brings a claim for the purpose of delay or harassment; 3) unreasonably delays a judicial proceeding; 4) falsifies testimony or evidence to the court; 5) attempts to obtain a false affidavit, testimony or evidence; or 6) abuses the discovery process. DOC may promulgate rules to discipline an offender for any of the above acts. The term of imprisonment imposed by the sentencing court shall not be extended by this act. An offender's account shall not be reduced below ten dollars pursuant to this section, but any amount due may be deducted from any later compensation to or property of the offender.

EDUCATION - DOC shall require that all general population offenders who have not obtained a high school diploma or its equivalent enroll in educational programs offered by DOC by January 1, 2001.

OFFENSES - It shall be a Class B felony for an offender to commit an act of violence to an employee of a correctional facility or to another offender. It is a Class C felony for an offender to damage any building or property owned or operated by DOC.

BOARD OF PROBATION AND PAROLE - The Board of Probation and Parole shall consist of seven members as of August 28, 1996. No more than four of these members shall be from the same political party. Beginning January 1, 2001, the Board shall not order parole unless the offender has: 1) obtained a high school diploma or its equivalent; or 2) made a good-faith effort to obtain a diploma or its equivalent. The Director may waive this requirement by certifying that the offender has participated in mandatory educational programs or is unable to obtain a diploma or its equivalent. DOC shall notify the Central Repository if the Governor grants a pardon, commutation of sentence, or reprieve.

HEALTH CARE OF OFFENDERS - A prisoner in a county jail who requires medical care shall pay the costs of such care through any health insurance to which the prisoner is entitled. If he has no insurance, the prisoner shall pay for such costs out of his assets which may be levied under court order. The County Commission may authorize medical costs it deems necessary. Medical costs include costs of transportation and guards. Any offender placed on probation or parole shall upon request by the county authority repay any medical costs as a condition of such probation or parole.

ASSETS OF OFFENDERS - The Attorney General may investigate reports concerning an offender's assets. DOC shall provide all information it possesses. The Attorney General shall not bring an action for reimbursement against an offender who has been released more than five years. All reimbursements collected shall be paid into the Inmate Incarceration Reimbursement Act Revolving Fund to defray the Attorney General's costs in investigation and provide for DOC facilities. These provisions are taken from SB 251.

CIVIL ACTIONS - If an offender confined in any state correctional facility brings a civil cause of action, the court shall stay such action until the offender has exhausted all administrative remedies. DOC shall maintain a grievance system for offenders which may include independent review of all grievances filed. The court shall not reduce the court fee below ten dollars for a confined offender who files a civil action pursuant to this act, unless no security is required for such action.

IMPRISONMENT - A term of imprisonment commences when an offender is received into DOC. The offender shall receive credit for time spent before the commencement of the sentence, except: 1) credit shall only be applied once when sentences are consecutive; 2) credit shall only be applied where the offender was in custody in the state of Missouri. Any escape by a prisoner shall interrupt his sentence or credit accrued before his sentence is imposed. An offender who violates his parole shall serve the remainder of his prison term. A county may recover per diem costs of twenty dollars per day from the state as of July 1, 1996 for holding an offender.

FREE WORK BY OFFENDERS - Free work performed by offenders shall not be deemed employment for the purposes of Chapter 288, RSMo. Any entity benefitting from such free work shall be immune to any action derived from the supervision or performance of such work, unless such action is based upon negligence or intentional tort.

SEXUAL OFFENDERS - Certain changes are made to the sexual offenders law passed last year. A law enforcement officer may request the names of all sexual offenders who have registered with an officer in another county. Other technical changes have been made.

MISCELLANEOUS - A court may use past guilty pleas for enhancement of punishment if: 1) the defendant was represented by counsel or knowingly waived counsel; and 2) the judge making the findings was a licensed attorney at the time of the proceedings. This is taken from SB 351. DOC shall ensure that an autopsy is performed upon all offenders in custody who die under violent or suspicious circumstances. DOC shall maintain records of the results of such autopsies. DOC shall install high voltage fences at all existing or proposed maximum security correctional centers and may do so at any existing or proposed medium security correctional centers. Any fiscal note for legislation that would affect the number of persons supervised by DOC will be accompanied by a prison impact statement. Such statement shall be provided to the committee to which the bill is assigned and to all members of the general assembly prior to perfection. Such statement shall include: 1) projections on the impact on prison, probation and parole populations; 2) an estimate of the fiscal impact of such populations; 3) an analysis of any other factors affecting the cost of the measure; and 4) a statement of the assumptions and methodologies used.

No insurer shall deny health or dental insurance to an offender solely because he is incarcerated. The city of Kansas City may collect ten dollars per month from each offender on probation for providing supervision and rehabilitation services. This contribution may be waived in certain cases. Any municipality in St. Louis County may enact all necessary ordinances and rules and may enforce such rules by a fine of up to one thousand dollars or imprisonment of up to three months.