SUPERVISION OF ADULT OFFENDERS FROM OTHER STATES (Sections 217.035, 217.650, 217.670, 217.710, 217.720, 548.241, 589.564, 589.565, & 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.

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.

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.

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 State 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.

These provisions are identical to SB 384 (2023) and SB 1023 (2022) and to provisions in SCS/HB 2088, et al (2022) and HCS/SS/SCS/SB 834 (2022) and substantially similar to SB 371 (2021) and similar to SB 1018 (2020).

EARNED DISCHARGE (Sections 217.147, 559.016, 559.036, & 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, is currently completing a term of probation for any Class A or B felony, or is 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.

These provisions are identical to HB 550 (2023) and substantially similar to SB 561 (2023) and to SB 1130 (2022) and to provisions in SCS/HB 2088, et al (2022) and similar to SB 960 (2020).

INMATE PHONE CALL FEES (Sections 217.451 & 221.108)

This act provides that correctional centers shall provide reasonable access to phone services and shall charge no more than 12 cents per minute for a domestic phone call of an inmate.

Additionally, no jail may charge a fee of more than 14 cents per minute for a phone call for any jail with an average daily population of more than 1,000 inmates or more than 21 cents per minute for any jail with an average daily population of fewer than 1,000 inmates.

This provision is identical to HB 693 (2023) and substantially similar to SB 592 (2023).

PROBATION AND PAROLE FEES (Section 217.690)

This act provides that no fees charged to offenders placed under probation or parole shall be levied or accrue for the first 60 days the offender is on parole or conditional release.

This provision is identical to HB 758 (2023).

APRN GEOGRAPHIC PROXIMITY (Section 334.104)

This act modifies collaborative practice arrangements regarding geographic proximity between nurses and physicians. Currently, an advanced practice registered nurse (APRN) and physician in a collaborative practice arrangement shall maintain a geographic proximity of 75 miles of each other, unless otherwise specified in law. Under this act and until August 28, 2025, an APRN and physician may practice within 200 miles by road of each other if the APRN is providing services in a correctional center. An incarcerated patient who requests or requires a physician consultation shall be treated by a physician as soon as appropriate.

This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 45 & 90 (2023) and substantially similar to a provision in the truly agreed to and finally passed CCS/HCS/SS/SCS/SB 157 (2023), the truly agreed to and finally passed HCS/SS/SCS/SB 70 (2023), the truly agreed to and finally passed SS/HB 402 (2023), and the truly agreed to and finally passed SS/HCS/HBs 115 & 99 (2023).

COURT CERTIFICATES OF INNOCENCE (Section 506.400)

Under this act, a claimant may bring an action for damages if he or she can prove by a preponderance of the evidence that:

• The claimant was convicted of a felony offense and subsequently imprisoned;

• The claimant's judgment of conviction was reversed or vacated and either the charges were dismissed or on retrial the claimant was found not guilty;

• The claimant did not commit the offense and was not an accessory to the acts that were the basis of the conviction and this resulted in a reversal of the conviction or dismissal of the charges; and

• The claimant did not commit perjury or fabricate evidence, excluding any confession found to be false.

Upon an entry of a certificate of innocence, the claimant shall automatically be granted an order of expungement. The court shall order the expungement and destruction of associated biological samples authorized by and given to the Missouri State Highway Patrol.

These provisions are similar to SB 146 (2023) and SB 253 (2023).

CREDIT FOR JAIL TIME SERVED (Section 558.031 & 558.041)

Under current law, a person can receive credit toward a sentence of imprisonment for all jail time served after conviction and before the commencement of the sentence.

This act provides that a person shall receive credit toward a sentence of imprisonment for all jail time served after the offense occurred. The credit shall be based on the certificate of all applicable jail-time credit from the sheriff who delivered the person into confinement in a correctional center. Additionally, the court may award additional credit for time spent in prison after the offense occurred and before the commencement of the sentence when pronouncing the sentence.

This provision is identical to a provision in HCS/HB 1133 (2023) and to SB 650 (2023) and substantially similar to a provision in the truly agreed to and finally passed SS/SCS/SBs 189, et al (2023) and to the truly agreed to and finally passed CCS/HCS/SB 186 (2023).

Additionally, this act provides that an offender shall receive credit in terms of days spent in confinement upon recommendation by the offender's institutional superintendent. The Department of Corrections shall specify the programs or activities which credit may be earned and the criteria for offenders to participate as provided in the act. Finally, the offenders may petition the Department to receive credit for programs prior to August 28, 2023, as provided in the act.

These provisions are identical to HB 372 (2023).

PERSONAL DOCUMENTS FOR EXONEREES (Section 1)

This act provides that the Department of Corrections shall develop a policy to provide exonerees with birth certificates, Social Security cards, and state identification prior to release from a correctional center. Additionally, the Department shall provide the same services to an exoneree which other offenders receive upon release from a correctional facility.

This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SB 186 (2023).

DRUG TREATMENT PROGRAMS (Section 217.785)

This act repeals the Missouri Postconviction Drug Treatment Program.

This provision is identical to a provision in the truly agreed to and finally passed HCS/SCS/SB 103 (2023), CCS/HCS/SS/SCS/SB 72 (2023), SCS/HCS/HB 90 (2023), HB 196 (2023), SS/SCS/HCS/HB 301 (2023), and SCS/SBs 384 & 276 (2023).

MARY GRACE PRINGLE