SCS/HCS/HB 1525 - 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 The credits reduce the duration of the term, but may be suspended or rescinded if the offender violates probation or parole.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.
This act is similar to SS/SCS/SB 699 (2012).
MEGHAN LUECKE