SS/SCS/SB 699 - This act modifies provisions relating to probation, parole and conditional release. EARNED COMPLIANCE CREDITS Under this act, the Division of Probation and Parole must award earned compliance credits to offenders placed on probation, parole, or conditional release beginning October 1, 2012. The credits are equal to thirty days of time served for every calendar month the offender remains in compliance with the terms of probation, parole, or conditional release. The credits reduce the duration of the term, but may be suspended or rescinded if the offender violates probation or parole. The offender must serve at least two years of the sentence on probation, parole, or conditional release. Only certain offenders of Class C and D felonies or drug crimes who are not on lifetime supervision may earn the credits. In addition, the court may limit eligibility for offenders of certain felonies. ADMINISTRATIVE JAIL SANCTIONS This act also allows the division of probation and parole to place offenders in jail for short periods of time when a probation and parole officer believes an offender has violated a condition of release unless the offender's order of release includes detention as a condition of the probation or parole. The first period of detention may be no longer than 48 hours and the offender may only spend up to 360 hours in jail in a calendar year. The department must reimburse counties at a rate determined by the department, but no less than $30 per day per offender, for the period of detention. The department must certify to the counties before imposing a period of detention that there are enough funds to cover the cost of reimbursement. If there is not enough funding to cover the reimbursement or the jail does not have enough space, then the jail may refuse to accept offenders for detention. Once released from the period of detention, the offender can continue the probation or parole term unless new or additional information is brought forward that the offender was involved in the commission of a crime. MANDATORY PLACEMENT IN 120-DAY PROGRAM FOR FIRST REVOCATION Under this act, the court must order the Department of Corrections to place certain offenders in one of the department's 120-day programs before revoking the offender's probation upon a determination by the court that the offender committed a violation of the terms of release. Offenders who are on probation or parole for Class C or D felony offenses or a drug offense, have not been placed in a 120 day program during the same sentence, and whose probation or parole violation does not fall within certain specified types of offenses are eligible for placement in one of the alternative programs. The court may also limit eligibility for offenders of certain Class C and D felonies. Once the offender has completed the program, the court must continue the term of probation, parole, or conditional release without modifying, enlarging, or extending the term based on the same violation. Time served in the alternative program is to be credited against the offender's sentence. SENTENCING AND CORRECTIONS OVERSIGHT COMMISSION This act creates a 13-member commission to oversee the implementation, and to calculate the effects, of this act. The duties of the commission also include determining ways to reinvest any cost savings realized from the passage of this act to pay for evidence-based practices to reduce recidivism and examining how restitution is collected for crime victims. The Governor and Missouri Supreme Court chief justice have the authority to appoint certain members to the commission, which serve staggered four-year terms. In addition, this act requires the chairs and ranking minority members of the Senate Judiciary Committee and the House Appropriations - Public Safety Committee, the directors of the Missouri State Public Defender System, Missouri Office of Prosecution Services, Missouri Department of Corrections, and the Board of Probation and Parole to serve as voting, ex officio members on the commission. The Judiciary chair and the Appropriations chair shall serve as co-chairs of the commission. This act requires the commission to issue a report on December 31, 2012, and each year thereafter, to the Speaker of the House, Senate President Pro Tem, Missouri Supreme Court Chief Justice, and the Governor. The commission's first meeting must occur before February 28, 2013 and the members must meet at least twice a year, only receiving compensation for their actual and necessary expenses. Staff and consultants may be employed by the commission. The provisions establishing the commission will expire on August 28, 2018. JOINT COMMITTEE ON THE MISSOURI CRIMINAL CODE This act creates the "Joint Committee on the Missouri Criminal Code". The committee is to be composed of senators, house members and representatives from the Attorney General's office, the state Public Defender System, victims of crime, the Governor's office and the Missouri Supreme Court. The committee's charge is to report to the General Assembly by December 31, 2012, its recommendations for ways to harmonize, organize and revise the criminal laws. This act is similar to HCS/HB 1525 (2012). MEGHAN LUECKE HA 1: THIS AMENDMENT MAKES TECHNICAL CHANGES TO CORRECT SUBSECTION REFERENCES. HA 2: THIS AMENDMENT MAKES AN EVIDENCE EXCEPTION FOR CHILDREN ALSO APPLY TO ANY PERSON WHO LACKS THE MENTAL CAPACITY TO CONSENT OR WHOSE DEVELOPMENTAL LEVEL DOES NOT EXCEED THAT OF AN ORDINARY CHILD OF 14 YEARS OF AGE. IT ALSO SPECIFIES THAT THE FAMILY OR HOUSEHOLD MEMBERS DESCRIBED UNDER THE CRIME OF DOMESTIC ASSAULT INCLUDE ANY CHILD WHO IS A MEMBER OF THE FAMILY OR HOUSEHOLD. UNDER THIS ACT, THE CRIME OF CHILD ABUSE IS MODIFIED SO THAT A PERSON, 18 YEARS OF AGE OR OLDER, COMMITS THE CRIME, WHICH IS A CLASS C FELONY, IF SUCH PERSON KNOWINGLY CAUSES A CHILD UNDER THE AGE OF 18 TO SUFFER PHYSICAL OR MENTAL INJURY AS A RESULT OF ABUSE OR NEGLECT, CAUSES A CHILD TO BE PLACED IN A SITUATION IN WHICH THE CHILD SUFFER SUCH INJURIES, OR RECKLESSLY CAUSES A CHILD LESS THAN 18 YEARS OF AGE TO SUFFER ABUSIVE HEAD TRAUMA. A PERSON DOES NOT COMMIT THE OFFENSE SOLELY BY DELIVERING A CHILD TO A PROVIDER OF EMERGENCY SERVICES. ABUSE OR NEGLECT OF A CHILD IS A CLASS B FELONY, WITHOUT ELIGIBILITY FOR PROBATION OR PAROLE UNTIL THE PERSON HAS SERVED AT LEAST 5 YEARS OF THE SENTENCE, IF THE PERSON HAS A PREVIOUS VIOLATION OF THE CRIME OR THE INJURY INFLICTED ON THE CHILD IS A SERIOUS PHYSICAL OR EMOTIONAL INJURY. ABUSE OR NEGLECT OF A CHILD IS A CLASS A FELONY, WITHOUT ELIGIBILITY FOR PROBATION OR PAROLE UNTIL THE DEFENDANT HAS SERVED AT LEAST 15 YEARS, IF THE INJURY IS A SEROUS EMOTIONAL OR PHYSICAL INJURY, THE CHILD IS UNDER THE AGE OF 14, AND THE INJURY IS THE RESULT OF SEXUAL ABUSE OR EXPLOITATION. THE TERMS ABUSE, ABUSIVE HEAD TRAUMA, NEGLECT, PHYSICAL AND SERIOUS PHYSICAL INJURY, AND MENTAL AND SERIOUS EMOTIONAL INJURY ARE DEFINED UNDER THIS ACT. HA 3: THIS AMENDMENT REQUIRES A CIRCUIT COURT TO ACCEPT, IN LIEU OF A CASH-ONLY BOND, A GUARANTEE FROM A SURETY. IN ADDITION, A PROVISION IS REPEALED THAT ALLOWS THE COURT TO RELEASE A PERSON UPON THE DEPOSIT OF 10% OR LESS OF A BOND WITH THE COURT. HA 1 TO HA 3: UNDER THIS AMENDMENT, INMATES WILL BE ASSESSED $1.50 FOR AN ON-SITE MEDICAL EXAM OR TREATMENT. HA 4: THIS AMENDMENT REQUIRES THE BOARD OF PROBATION AND PAROLE TO GRANT A PAROLE HEARING TO ANY INCARCERATED OFFENDER WHO IS 60 YEARS OLD OR OLDER, HAS NO PRIOR FELONY CONVICTIONS OF A VIOLENT NATURE, IS SERVING A SENTENCE OF LIFE WITHOUT PAROLE FOR 50 YEARS OR MORE, AND HAS SERVED AT LEAST 15 YEARS OF HIS OR HER SENTENCE. ANY OFFENDER WHO IS NOT GRANTED RELEASE BY THE BOARD MUST BE ELIGIBLE FOR RECONSIDERATION EVERY THREE YEARS UNTIL A PRESUMPTIVE RELEASE DATE IS ESTABLISHED. HA 5: THIS AMENDMENT PROVIDES AN INDIVIDUAL WHO HAS A FELONY CONVICTION UNDER FEDERAL OR STATE LAW INVOLVING POSSESSION OR USE OF A CONTROLLED SUBSTANCE SHALL BE ELIGIBLE FOR FOOD STAMP BENEFITS IF SUCH PERSON, AS DETERMINED BY THE DEPARTMENT OF SOCIAL SERVICES, MEETS CERTAIN CRITERIA. HA 2 TO HA 5: THIS AMENDMENT REQUIRES THE DEPARTMENT OF SOCIAL SERVICES TO SEEK A WAIVER FROM THE FEDERAL GOVERNMENT TO MANDATE THE USE OF PHOTO IDENTIFICATION FOR CONTINUED ELIGIBILITY IN THE FOOD STAMP PROGRAM ADMINISTERED IN MISSOURI. UPON ONE YEAR AFTER APPROVAL BY THE FEDERAL GOVERNMENT, THE DEPARTMENT SHALL ISSUE A PHOTO IDENTIFICATION CARD TO EACH ELIGIBLE HOUSEHOLD MEMBER WHO IS SIXTEEN YEARS OF AGE OR OLDER. UPON REQUEST, A HOUSEHOLD MEMBER, OR THE HOUSEHOLD'S AUTHORIZED REPRESENTATIVE, SHALL PRESENT THE PHOTO IDENTIFICATION CARD AT ISSUANCE POINTS, RETAIL FOOD STORES, OR MEAL SERVICES WHEN EXCHANGING BENEFITS FOR ELIGIBLE FOOD. HA 6: THIS AMENDMENT MODIFIES INFORMATION REQUIRED TO BE POSTED ON THE SEX OFFENDER WEBSITE. IT ALSO EXCLUDES CERTAIN REGISTERED SEX OFFENDERS FROM THE WEBSITE, INCLUDING JUVENILE OFFENDERS AND WITNESSES UNDER ACTIVE FEDERAL PROTECTION. THE CHIEF LAW ENFORCEMENT OFFICIAL IN THE COUNTY IS REQUIRED TO FORWARD ALL COPIES OF COMPLETED SEX OFFENDER REGISTRATION FORMS TO CITIES, TOWNS, VILLAGES, AND CAMPUS LAW ENFORCEMENT AGENCIES WITHIN THE COUNTY RATHER THAN ALLOWING SUCH ENTITIES TO REQUEST COPIES OF THE FORMS. UNDER CURRENT LAW, A PERSON WHO IS PARDONED OF THE OFFENSE REQUIRING REGISTRATION DOES NOT HAVE TO CONTINUE REGISTERING AS A SEX OFFENDER. THIS AMENDMENT LIMITS THE EXCEPTION FOR OUT-OF-STATE PARDONS, WHICH MUST EXPLICITLY STATE THAT THE PERSON NO LONGER HAS TO REGISTER IN ORDER FOR THE EXCEPTION TO APPLY. OFFENDERS FOUND GUILTY OF THE FOLLOWING CRIMES NO LONGER HAVE TO REGISTER AS SEX OFFENDERS: SECOND AND THIRD DEGREE SEXUAL MISCONDUCT; FIRST AND SECOND DEGREE PROMOTING OBSCENITY; FURNISHING PORNOGRAPHIC MATERIALS TO MINORS; PUBLIC DISPLAY OF EXPLICIT SEXUAL MATERIAL; AND COERCING ACCEPTANCE OF OBSCENE MATERIAL. THIS AMENDMENT MODIFIES THE PETITION PROCESS FOR REMOVAL FROM THE SEX OFFENDER REGISTRY. THIS AMENDMENT REPEALS A PROVISION THAT ALLOWS THE CHIEF LAW ENFORCEMENT OFFICER IN A COUNTY TO PUBLISH SEX OFFENDER INFORMATION IN THE LOCAL NEWSPAPER. INSTEAD, SUCH LAW ENFORCEMENT OFFICERS MAY NOTIFY ANY SCHOOL AND CHILD CARE FACILITY THAT A SEX OFFENDER IS RESIDING, WORKING, OR ATTENDING SCHOOL WITHIN FIVE MILES OF THE FACILITY. THIS AMENDMENT MODIFIES REGISTRATION-RELATED REQUIREMENTS FOR INCARCERATED OFFENDERS WHO ARE BEING RELEASED. IF THE OFFENDER IS ON PROBATION, THE AMENDMENT REQUIRES THAT THE COURT MAKE IT A CONDITION OF PROBATION THAT THE OFFENDER REPORT WITHIN FIVE BUSINESS DAYS TO THE CHIEF COUNTY LAW ENFORCEMENT OFFICER IN THE COUNTY IN WHICH THE CASE WAS ADJUDICATED. THIS AMENDMENT MODIFIES THE TYPES OF INFORMATION OFFENDERS MUST PROVIDE WHEN REGISTERING AS A SEX OFFENDER. THE HIGHWAY PATROL MUST MAINTAIN REGISTRATION INFORMATION IN DIGITIZED FORM. THIS AMENDMENT ESTABLISHES PROCEDURES FOR CHECKING THE ACCURACY OF INFORMATION ON THE SEX OFFENDER REGISTRY AND MAKING UPDATES. THIS AMENDMENT REQUIRES THE HIGHWAY PATROL TO NOTIFY ANY OTHER JURISDICTION WHERE THE OFFENDER WILL BE WORKING, ATTENDING SCHOOL, OR TEMPORARILY RESIDING IF SO INDICATED ON AN INITIAL OR RENEWED REGISTRATION FORM WITHIN THREE BUSINESS DAYS OF RECEIVING THE FORM. THIS AMENDMENT ADDS THOSE WHO WORK AS A VOLUNTEER OR UNPAID INTERN TO THE LIST OF PEOPLE WHO MUST REGISTER IN ANOTHER STATE AND REMOVES FROM THE LIST THOSE IN ANOTHER STATE FOR TRAINING. THE REGISTERING LAW ENFORCEMENT OFFICIAL MUST TAKE A PHOTOGRAPH OF THE OFFENDER AT ONE ANNUAL IN-PERSON VISIT.