HCS/HBs 1777, 2203, 2059 & 2502 - This act modifies provisions relating to certain offenders.ACCESS TO SNAP BENEFITS (Section 208.247)
This act repeals provisions of law allowing for individuals convicted of certain drug offenses to participate in SNAP only if certain conditions are met. Under this act, individuals convicted of a state or federal felony drug offense shall not be excluded from SNAP for such conviction.
This provision is identical to provisions in SB 905 (2024), the perfected SS/SB 82 (2023), and the perfected HCS/HB 719 (2023).
RESTRAINTS USED ON JUVENILE OFFENDERS (Sections 211.436 & 221.520)
This act provides that instruments of restraint, including handcuffs and straitjackets, shall bot be used on a child during a proceeding in juvenile court and shall be removed prior to the child's appearance before court unless the court finds such restraints necessary, as provided in the act.
This provision is identical to a provision in HB 182 (2023).
OFFENDER DOCUMENTATION UPON RELEASE (Section 217.443)
When any inmate is discharged from imprisonment for a felony offense and designated he or she is to reside within this state, the Department of Corrections shall provide the inmate with relevant documentation to assist the inmate in obtaining post-release employment, as provided in this act.
Additionally, the Department of Corrections shall coordinate with the Department of Revenue to obtain state-issued identification cards.
RESTRAINTS USED ON PREGNANT OFFENDERS (Sections 221.520 & 221.523)
Under this act, all county and city jails shall be prohibited, except in extraordinary circumstances, from using restrains on a pregnant offender in her third trimester, including during transportation or labor, delivery, and 48 hours post-delivery. Pregnant offenders shall be transported in vehicles equipped with seatbelts. In cases of extraordinary circumstances requiring restraints to be used, the sheriff or jailer shall document in writing within 48 hours of the incident the reasons for the restraints used, as specified in the act.
If restraints are used, they shall be the least restrictive available and the most reasonable under the circumstances. No leg, ankle, or waist restraints or mechanical restraints shall be used and any wrist restraints used shall be placed in front of the offender's body.
Jails shall offer staff training on the provisions of this act and inform offenders of policies and practices developed under this act.
By January 1, 2025, all county and city jails shall develop specific procedures for intake and care of pregnant offenders, including maternal health evaluations, dietary supplements, nutritious meals, substance abuse treatment, HIV treatment, hepatitis C, sleeping arrangements, mental health; sanitary materials; postpartum recovery, and a requirement that a female medical professional be present during examinations.
These provisions are identical to provisions in SB 905 (2024) and substantially similar to provisions in SCS/SB 803 (2018), HB 1002 (2017), and SB 180 (2017).
ADMISSIBILITY OF CERTAIN EVIDENCE IN CRIMINAL CASES (Sections 491.075 and 492.304)
Under current law, a statement made by a child under 14 years of age may be admissible in criminal proceedings under certain circumstances. This act changes the age to a child under the age of 18 years of age.
Additionally, this act provides that visual or audio recordings of a child under 18 years of age or a vulnerable person relating to certain criminal offenses shall be admissible in criminal proceedings under certain circumstances.
These provisions are identical to provisions in the perfected HCS/HB 454 (2023) and SCS/HS/HCS/HBs 1108 & 1181, et al (2023).
MINIMUM PRISON TERMS (Sections 558.019, 566.030, 566.060, 566.125, 566.210)
Under current law, prior offenders have certain minimum prison terms as required in law. This act repeals those provisions and provides that an offender with one or two previous felony convictions that were not dangerous felonies shall have a minimum prison term of 50% of the sentence, unless the offender is over the age of 70 then the term shall be 40% of the sentence.
If the offender has three or more previous felony convictions that were not dangerous felonies then he or she shall serve 80% of his or her sentence.
Finally, this act repeals provisions relating to certain offenses no longer subject to minimum prison terms.
CREDIT FOR JAIL TIME SERVED (Section 558.041)
This act provides that an offender shall receive credit in terms of days spent in confinement upon calculation as provided in the act. 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, 2024, as provided in the act.
These provisions are substantially similar to provisions in HCS/HBs 119, et al (2023) and to HB 372 (2023).
MARY GRACE PRINGLE