Pre-filed December 1, 1995, and 1,000 copies ordered printed.

Read 2nd time January 4, 1996, and referred to the Committee on Civil and Criminal Jurisprudence.

Reported from the Committee March 21, 1996, with recommendation that the bill do pass, with Senate Committee Amendment No. 1.

Taken up for Perfection April 30, 1996. Bill declared Perfected and Ordered printed, as amended.

TERRY L. SPIELER, Secretary.

S2107.01P

To repeal section 217.345, RSMo Supp. 1995, relating to youth offender programs, and to enact in lieu thereof two new sections relating to the same subject.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Section 217.345, RSMo Supp. 1995, is repealed and two new sections enacted in lieu thereof to be known as sections 217.345 and 1, to read as follows:

217.345. 1. Correctional treatment programs for first offenders in the department shall be established, subject to the control and supervision of the director, and shall include such programs deemed necessary and sufficient for the successful rehabilitation of offenders.

2. Correctional treatment programs for offenders who are younger than seventeen years of age shall be established, subject to the control and supervision of the director. By January 1, 1998, such programs shall include physical separation of offenders who are younger than seventeen years of age from offenders who are seventeen years of age or older.

3. The department shall have the authority to promulgate rules pursuant to subsection 2 of section 217.378, RSMo, to establish correctional treatment programs for offenders under age seventeen. Such rules may include:

(1) Establishing separate housing units for such offenders;

(2) Providing housing and program space in existing housing units for such offenders that is not accessible to adult offenders; and

(3) Establishing a regimented training program for such offenders.

4. Any regimented training program established pursuant to subdivision (3) of subsection 3 of this section shall include the following objectives:

(1) To provide a daily regimen for offenders including physical training, self-discipline, educational programs and work programs;

(2) To provide staff who have received appropriate training in the treatment of offenders under age seventeen and who are capable role models and mentors;

(3) To provide offenders with instruction on how to solve problems and strategies to change offenders' predisposition to commit crime;

(4) To provide offenders who have demonstrated positive behavioral change with the opportunity to gradually reenter the community; and

(5) To provide for parole supervision consisting of highly structured surveillance and monitoring, educational and treatment programs.

5. The department shall have the authority to determine the number of juvenile offenders participating in any treatment program depending on available appropriations. The department may contract with any private or public entity for the provision of services and facilities for offenders under age seventeen. The department shall apply for and accept available federal, state and local public funds including project demonstration funds as well as private moneys to fund such services and facilities.

6. The department shall develop and implement an ongoing evaluation process for all juvenile offender programs.

7. Any prosecuting attorney who prosecutes an offender under the age of seventeen shall maintain records regarding the sentencing of that offender, including any treatment programs to which that offender is assigned.

8. The department shall submit an evaluation report to the governor and the general assembly concerning offenders under age seventeen and the programs available to them on or before each January 30, beginning in 1999. This report shall include, but is not limited to, the following items:

(1) The specific content and structure of programs for offenders, including staffing ratios for each program, and a description of the daily routine of offenders in those programs;

(2) The process used for placing offenders on parole, including whether offenders may be returned to their original environment for the parole period, the specific means of parole supervision and the specific educational and treatment programs provided to offenders during their parole period;

(3) The procedure for transferring an offender to another facility for vocational or training services or when an offender poses a danger to himself or others, and identification of the facilities used for such purposes;

(4) The specific criteria and procedures for determining successful completion of a treatment program, whether an offender cannot successfully complete a treatment program, and whether an offender's parole shall be revoked;

(5) The recidivism rate for offenders successfully completing a treatment program compared with the recidivism rate for offenders not successfully completing a treatment program.

Section 1. 1. The court may order a child, who has been adjudicated for a nonviolent crime and who is age fourteen or older, to work for any employer at a rate of compensation not to exceed minimum wage, for a period of time necessary to make such restitution for the damage or loss caused by his offense.

2. A child, age fourteen or older, who is ordered by the juvenile court to make restitution for the damage or loss caused by his offense pursuant to subsection 1 of this section shall not be considered an employee as defined in section 290.500, RSMo.