Establishes the "Youthful Offender Sentencing Reform and Accountability Act"

SECOND REGULAR SESSION
HOUSE BILL NO. 2322
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE LUCAS.
4953H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 557, RSMo, by adding thereto one new section relating to sentencing of
of fenders under twenty years of age.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 557, RSMo, is amended by adding thereto one new section, to be
2 known as section 557.052, to read as follows:
557.052. 1. This section shall be known and may be cited as the "Y outhful
2 Offender Sentencing Reform and Accountability Act".
3 2. As used in this section, the following terms mean:
4 (1) "Exceptional circu mstances", cases involving multiple victims, acts of
5 extr eme cruelty , or evidence of adult-level planning or pr emeditation;
6 (2) "Life without par ole", a sentence that pr ecludes eligibility for r elease on
7 par ole during the natural life of the person;
8 (3) "Offender under twenty", any individual who was under twenty years of age
9 at the time of the commission of the offense.
10 3. (1) A court shall not impose a sentence of life imprisonment without the
11 possibility of par ole on an offender under twenty years of age except upon a finding,
12 supported by clear and convincing evidence, that exceptional cir cumstances exist.
13 (2) In all other cases, such offender shall be eligible for paro le consideration
14 after serving not mor e than twenty-five years of confinement unless a shorter period is
15 pr ovided by law .
16 (3) The sentencing court shall consider factors of youth, maturity , backgroun d,
17 and rehab ilitation potential when determining the appr opriate sentence.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 (4) V ictims and their families shall be notified of and permitted to participate in
19 all parol e hearings and relat ed proceed ings.
20 4. (1) This section shall apply r etro actively to sentences imposed before, on, or
21 after August 28, 2026, except if the court determines that retr oactive application would
22 r esult in manifest injustice.
23 (2) Any offender under twenty years of age curren tly serving a sentence of life
24 without par ole shall be eligible for a par ole revi ew hearing not later than two years after
25 August 28, 2026.
26 (3) The par ole board shall pr ovide timely notification to victims or next of kin
27 and shall allow them to submit testimony or written statements reg arding par ole
28 eligibility .
29 5. In considering par ole under this section, the board shall evaluate, among
30 other rel evant evidence:
31 (1) Demonstrated rem orse and accountability;
32 (2) Educational or vocational achievement;
33 (3) Participation in r ehabilitative or therapeutic prog rams;
34 (4) Institutional conduct and disciplinary reco rd;
35 (5) Psychological and risk-assessment evaluations;
36 (6) Input and testimony fr om victims or their rep res entatives; and
37 (7) Evidence of maturity , stability , and read iness for rei ntegration into society .
✔
HB 2322 2