To repeal sections 558.011, 558.021 and 566.625, RSMo 1994, and section 566.610, RSMo Supp. 1995, relating to crime, and to enact in lieu thereof five new sections relating to the same subject, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Sections 558.011, 558.021 and 566.625, RSMo 1994, and section 566.610, RSMo Supp. 1995, are repealed and five new sections enacted in lieu thereof, to be known as sections 558.011, 558.021, 558.023, 566.610 and 566.625, to read as follows:

558.011. 1. The authorized terms of imprisonment, including both prison and conditional release terms, are:

(1) For a class A felony, a term of years not less than [ten] fifteen years and not to exceed [thirty] thirty-five years, or life imprisonment;

(2) For a class B felony, a term of years not less than [five] seven years and not to exceed [fifteen] twenty years;

(3) For a class C felony, a term of years not less than three years and not to exceed [seven] ten years;

(4) For a class D felony, a term of years not to exceed five years;

(5) For a class A misdemeanor, a term not to exceed one year;

(6) For a class B misdemeanor, a term not to exceed six months;

(7) For a class C misdemeanor, a term not to exceed fifteen days.

2. In [cases of class C and] the case of class D felonies, the court shall have discretion to imprison for a special term not to exceed one year in the county jail or other authorized penal institution, and the place of confinement shall be fixed by the court. If the court imposes a sentence of imprisonment for a term longer than one year upon a person convicted of a class [C or] D felony, it shall commit the person to the custody of the department of corrections for a term of years not less than two years and not exceeding the maximum authorized terms provided in [subdivisions (3) and] subdivision (4) of subsection 1 of this section.

3. (1) When a regular sentence of imprisonment for a felony is imposed, the court shall commit the defendant to the custody of the department of corrections for the term imposed [under] pursuant to section 557.036, RSMo, or until released under procedures established elsewhere by law.

(2) A sentence of imprisonment for a misdemeanor shall be for a definite term and the court shall commit the defendant to the county jail or other authorized penal institution for the term of [his] such sentence or until released under procedure established elsewhere by law.

4. (1) A sentence of imprisonment for a term of years for felonies other than dangerous felonies as defined in section 556.061, RSMo, and other than sentences of imprisonment which involve the individual's fourth or subsequent remand to the department of corrections shall consist of a prison term and a conditional release term. The conditional release term of any term imposed [under] pursuant to section 557.036, RSMo, shall be:

(a) One-third for terms of nine years or less;

(b) Three years for terms between nine and fifteen years;

(c) Five years for terms more than fifteen years; and the prison term shall be the remainder of such term. The prison term may be extended by the board of probation and parole pursuant to subsection 5 of this section.

(2) "Conditional release" means the conditional discharge of an offender by the board of probation and parole, subject to conditions of release that the board deems reasonable to assist the offender to lead a law-abiding life, and subject to the supervision under the state board of probation and parole. The conditions of release shall include avoidance by the offender of any other crime, federal or state, and other conditions that the board in its discretion deems reasonably necessary to assist the releasee in avoiding further violation of the law.

5. The date of conditional release from the prison term may be extended up to a maximum of the entire sentence of imprisonment by the board of probation and parole. The director of any division of the department of corrections except the board of probation and parole may file with the board of probation and parole a petition to extend the conditional release date when an offender fails to follow the rules and regulations of the division or commits an act in violation of such rules. Within ten working days of receipt of the petition to extend the conditional release date, the board of probation and parole shall convene a hearing on the petition. The offender shall be present and may call witnesses in [his] such offender's behalf and cross-examine witnesses appearing against [him] the offender. The hearing shall be conducted as provided in section 217.670, RSMo. If the violation occurs in close proximity to the conditional release date, the conditional release may be held for a maximum of fifteen working days to permit necessary time for the division director to file a petition for an extension with the board and for the board to conduct a hearing, provided some affirmative manifestation of an intent to extend the conditional release has occurred prior to the conditional release date. If at the end of a fifteen-working-day period a board decision has not been reached, the offender shall be released conditionally. The decision of the board shall be final.

558.021. 1. The court shall find the defendant to be a prior offender, persistent offender, [or] dangerous offender, persistent sexual offender, or predatory sexual offender if:

(1) The indictment or information, original or amended, or the information in lieu of an indictment pleads all essential facts warranting a finding that the defendant is a prior offender, persistent offender, [or] dangerous offender, persistent sexual offender, or predatory sexual offender; and

(2) Evidence is introduced that establishes sufficient facts pleaded to warrant a finding beyond a reasonable doubt that the defendant is a prior offender, persistent offender, [or] dangerous offender, persistent sexual offender, or predatory sexual offender; and

(3) The court makes findings of fact that warrant a finding beyond a reasonable doubt by the court that the defendant is a prior offender, persistent offender, [or] dangerous offender, persistent sexual offender, or predatory sexual offender.

2. In a jury trial, the facts shall be pleaded, established and found prior to submission to the jury outside of [their] its hearing, except the facts required by subdivision (1) of subsection 4 of section 558.016 may be established and found at a later time, but prior to sentencing, and may be established by judicial notice of prior testimony before the jury.

3. In a trial without a jury or upon a plea of guilty, the court may defer the proof and findings of such facts to a later time, but prior to sentencing. The facts required by subdivision (1) of subsection 4 of section 558.016 may be established by judicial notice of prior testimony or the plea of guilty.

4. The defendant shall be accorded full rights of confrontation and cross-examination, with the opportunity to present evidence, at such hearings.

5. The defendant may waive proof of the facts alleged.

6. Nothing in this section shall prevent the use of presentence investigations or commitments under sections 557.026 and 557.031, RSMo.

7. At the sentencing hearing both the state and the defendant shall be permitted to present additional information bearing on the issue of sentence.

558.023. 1. A defendant who is found guilty upon a verdict or plea of violating sections 566.030, 566.032, 566.060, 566.062, RSMo, and section 566.067, RSMo, when classified as a class B felony, section 566.100, RSMo, when classified as a class B felony, section 568.060, RSMo, when classified as a class B felony, section 568.080, RSMo, when classified as a class B felony, or section 573.025, RSMo, or an attempt or conspiracy as defined in chapter 564, RSMo, to commit any of the foregoing acts, and who is found to be a predatory sexual offender as provided in subsection 2 of this section, shall be sentenced to the custody of the department of corrections for the natural life of the defendant, with eligibility for parole as provided by sections 217.650 to 217.810, RSMo. For purposes of this section, the offenses specified in this subsection shall be known as "felony sexual offenses".

2. For purposes of this section, a "predatory sexual offender" is a person who:

(1) Has one or more previous convictions upon a verdict or plea of one or more of the felony sexual offenses, or who has previously been found guilty upon a verdict or plea of committing any act described in any of the felony sexual offenses;

(2) Has previously committed an act described as a felony sexual offense, whether or not the act resulted in a conviction under the laws of this state; or

(3) Based upon an evaluation or evaluations as provided in this section, has a "sexually predatory propensity", meaning a congenital or acquired condition affecting the emotional, volitional or cognitive capacity that predisposes a person to engage in acts which would be felony sexual offenses; provided that, such condition does not render the person incapable of knowing and appreciating the nature, quality or wrongfulness of the person's conduct.

3. When a defendant is found guilty upon a verdict or plea of violating any of the felony sexual offenses, prior to the imposition of sentence, the board of probation and parole shall make a presentence investigation in order to determine whether the defendant is a predatory sexual offender, and to report any authorized disposition under this section and section 557.011, RSMo. Upon motion of the prosecuting attorney, the court may order an evaluation of the defendant to determine whether the defendant has a sexually predatory propensity.

4. If the court orders an evaluation pursuant to subsection 3 of this section, the order shall direct the director of the department of mental health to appoint one or more psychiatrists or psychologists, as defined in section 632.005, RSMo, or physicians with a minimum of one year of training or experience in providing mental health-related treatment or services to mentally ill individuals, for purposes of performing the evaluation of the defendant to render an opinion as to whether the defendant has a sexually predatory propensity. The order shall direct that a written report or reports of such evaluation be filed with the clerk of the court. The evaluation ordered shall be made at such time and place and under such conditions as the court deems proper, except that, if the order directs the director of the department of mental health to have the offender examined, the director, or the director's designee, shall determine the time, place and conditions under which the evaluation shall be conducted. The order may provide for the interview of witnesses and may require that law enforcement reports be provided for use by the evaluator in the evaluation.

5. Any evaluation performed pursuant to this section shall be completed and filed with the court within sixty days of the order unless the court, for good cause, orders otherwise. The clerk of the court shall deliver copies of the report or reports to the prosecuting attorney and to the defendant or the defendant's counsel. The report of the evaluation shall not be a public record or be open to the public.

6. If the evaluation report includes an opinion as to whether the defendant has a sexually predatory propensity, such report may be received in evidence and no new evaluation shall be required by the court unless, in the discretion of the court, another evaluation is necessary. Within ten days after receiving a copy of such report and upon written motion, the defendant and the prosecuting attorney shall each be entitled to an order granting an evaluation of the defendant by an evaluator of the movant's own choosing and at the movant's expense. All costs of subsequent evaluations shall be assessed to the party requesting the evaluation.

7. No statement made by the defendant and no information received by any physician or other person in the course of any such evaluation shall be admitted in evidence against the defendant on the issue of whether the defendant committed the act or acts charged against the defendant in any subsequent criminal proceeding in any state or federal court. The statement or information shall be admissible in evidence, for or against the defendant, only on the issue of whether the defendant is a predatory sexual offender, even if the statement or information would otherwise be deemed a privileged communication.

8. The court shall determine whether, beyond a reasonable doubt, the defendant is a predatory sexual offender. If the court determines that the defendant is a predatory sexual offender, notwithstanding the provisions of any section of law to the contrary, including section 557.036, RSMo, and chapter 558, RSMo, except for the provisions of subdivision (2) of subsection 4 and subsection 5 of section 558.011 and section 558.019, the court shall commit the defendant to the custody of the department of corrections for the life of the defendant, with eligibility for parole as provided by sections 217.650 to 217.810, RSMo. If the court determines that the defendant is a predatory sexual offender, it shall make specific findings of particular facts and conclusions of law that support its determination. If the court does not find that the defendant is a predatory sexual offender, the court shall assess and impose a sentence upon the defendant pursuant to other applicable provisions of law.

9. For purposes of determining the minimum term to be served by the defendant pursuant to section 558.019, the court, when imposing sentence, shall assess a base term of imprisonment within the range to which the defendant could have been sentenced pursuant to the applicable law under which the defendant was convicted. In no event shall the term of incarceration served by the defendant be less than the minimum term of imprisonment to which the defendant could have been sentenced pursuant to other applicable provisions of law.

10. Notwithstanding the provisions of section 557.036, RSMo, the court shall instruct the jury as to the range of punishment authorized for violations of the statutes enumerated in subsection 1 of this section, but shall hold in abeyance any such jury declaration of recommended sentence and not impose sentence for any such violation until the court determines whether the defendant is a predatory sexual offender. Upon sentencing, the court shall consider such jury declaration of recommended sentence. If the defendant is found to be a predatory sexual offender, such recommended sentence shall be used for purposes of imposing a minimum term of imprisonment pursuant to subsection 9 of this section. If the defendant is not found to be a predatory sexual offender, such recommended sentence shall be imposed pursuant to section 557.036, RSMo.

566.610. 1. The chief law enforcement official shall forward the completed sex offender registration form to the central repository within ten days. The patrol shall enter the information into the Missouri uniform law enforcement system (MULES) where it is available to members of the criminal justice system upon inquiry.

2. The chief law enforcement official of each county shall maintain a register of the names and addresses of all persons providing information pursuant to section 566.607. Such register shall be open to public inspection.

566.625. 1. Any person who is required to register pursuant to sections 566.600 to 566.625 but fails to do so shall be guilty of a class A misdemeanor.

2. Any person who is required to register pursuant to sections 566.600 to 566.625 and falsifies any information on an employment application relating to that person's prior criminal offenses is guilty of a class D felony.