SCS/SB 487 - This act modifies provisions relating to the release of a person from prison. CONDITIONS OF RELEASE AND BAIL (Section 544.453)
This act provides that the following shall apply when a judge or judicial officer sets bail in all courts in Missouri and shall be applicable to all offenses charged:
• When setting bail and conditions of release, consideration of public safety shall be the paramount consideration;
• There shall be no requirement that anything but probable cause be established for an arrest warrant to be sought and issued;
• A release on one's own recognizance shall consist of the defendant's signature and promise to appear in court and also to comply with all non-monetary conditions of release without having to post any cash, surety, or property as security;
• There shall be no presumptions in favor of release on one's own recognizance in any category of offenses, specific offenses, or gradations of offenses; and
• There shall be a presumption against release on one's own recognizance with or without non-monetary conditions of release that may be overcome by clear and convincing evidence that a person is not a flight risk or danger to the community as provided in the act.
Additionally, partially secured bonds, bonds in the sum of 10% to the court, or unsecured bonds shall not be permitted in Missouri. A judge shall set bail in a single monetary amount, which shall be fully secured by the defendant in a method of the defendant's choosing.
Finally, attorneys shall not be permitted to recover, nor courts allowed to enforce, any lien or claim on bail proceeds deposited with the court. All proceeds shall be returned to the defendant upon release of the bond.
These provisions are identical to HB 946 (2021).
OFFENSE OF FAILURE TO APPEAR (Section 544.665)
This act provides that a person who has been granted release pending trial in any criminal matter shall be in violation of the conditions of release imposed by the court by:
• Failing to appear for any court appearance;
• Being arrested or formally charged with any new criminal offense; or
• Violating any other condition of release that the court has placed on the person to secure the appearance of the person at trial and to secure the safety of the community.
This act also provides that it shall be presumed that a person charged with the offense of failure to appear who committed a dangerous felony will not appear upon a summons and, upon the finding of probable cause of a violation of conditional release by a court, an arrest warrant shall be issued. The filing of a complaint or indictment for violation of conditions of release of a person charged with the offense of failure to appear who committed a dangerous felony shall create a rebuttable presumption that no combination of conditions will secure the safety of the community and the offender shall be detained pending trial.
CREDIT FOR JAIL TIME AWAITING TRIAL (Section 558.031)
Under current law, a person receives credit toward a sentence of imprisonment for all time in prison, jail, or custody after the offense occurred and before the commencement of the sentence if the time in custody is related to the offense. This act modifies these provisions to require a person to receive credit toward a sentence of imprisonment for all time in prison, jail, or custody after conviction and before commencement of the sentence and the circuit court may award credit for time spent in prison, jail, or custody after the offense occurred and before conviction toward the service of the sentence of imprisonment. This act will be applicable to offenses occurring on or after the effective date of this act.
These provisions are identical to provisions in SB 343 (2021).
MARY GRACE BRUNTRAGER