Read the full stored bill text
SECOND REGULAR SESSION
HOUSE BILL NO. 2786
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE ANDERSON.
6293H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 217.690, RSMo, and to enact in lieu thereof one new section relating to fees
paid by of fenders.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 217.690, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 217.690, to read as follows:
217.690. 1. All releases or paroles shall issue upon order of the parole board, duly
2 adopted.
3 2. Before ordering the parole of any of fender , the parole board shall conduct a
4 validated risk and needs assessment and evaluate the case under the rules governing parole
5 that are promulgated by the parole board. The parole board shall then have the of fender
6 appear before a hearing panel and shall conduct a personal interview with him or her , unless
7 waived by the offender , or if the guidelines indicate the of fender may be paroled without need
8 for an interview . The guidelines and rules shall not allow for the waiver of a hearing if a
9 victim requests a hearing. The appearance or presence may occur by means of a
10 videoconference at the discretion of the parole board. A parole may be ordered for the best
11 interest of society when there is a reasonable probability , based on the risk assessment and
12 indicators of release readiness, that the person can be supervised under parole supervision and
13 successfully reintegrated into the community , not as an award of clemency; it shall not be
14 considered a reduction of sentence or a pardon. Every offender while on parole shall remain
15 in the legal custody of the department but shall be subject to the orders of the parole board.
16 3. The division of probation and parole has discretionary authority to require the
17 payment of a fee, not to exceed sixty dollars per month, from every offender placed under
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 division supervision on probation, parole, or conditional release, to waive all or part of any
19 fee, to sanction of fenders for willful nonpayment of fees, and to contract with a private entity
20 for fee collections services. No such fee shall be levied or accrue for the first sixty days
21 the offender is on pro bation, par ole, or conditional release. All fees collected shall be
22 deposited in the inmate fund established in section 217.430. Fees collected may be used to
23 pay the costs of contracted collections services. The fees collected may otherwise be used to
24 provide community corrections and intervention services for offenders . Such services include
25 substance abuse assessment and treatment, mental health assessment and treatment, electronic
26 monitoring services, residential facilities services, employment placement services, and other
27 of fender community corrections or intervention services designated by the division of
28 probation and parole to assist of fenders to successfully complete probation, parole, or
29 conditional release. The division of probation and parole shall adopt rules not inconsistent
30 with law , in accordance with section 217.040, with respect to sanctioning of fenders and with
31 respect to establishing, waiving, collecting, and using fees.
32 4. The parole board shall adopt rules not inconsistent with law , in accordance with
33 section 217.040, with respect to the eligibility of of fenders for parole, the conduct of parole
34 hearings or conditions to be imposed upon paroled of fenders. Whenever an order for parole
35 is issued it shall recite the conditions of such parole.
36 5. When considering parole for an of fender with consecutive sentences, the minimum
37 term for eligibility for parole shall be calculated by adding the minimum terms for parole
38 eligibility for each of the consecutive sentences, except the minimum term for parole
39 eligibility shall not exceed the minimum term for parole eligibility for an ordinary life
40 sentence.
41 6. Any of fender sentenced to a term of imprisonment amounting to fifteen years or
42 more or multiple terms of imprisonment that, taken together , amount to fifteen or more years
43 who was under eighteen years of age at the time of the commission of the offense or of fenses
44 may be eligible for parole after serving fifteen years of incarceration, regardless of whether
45 the case is final for the purposes of appeal, and may be eligible for reconsideration hearings in
46 accordance with regulations promulgated by the parole board.
47 7. The provisions of subsection 6 of this section shall not apply to an offender found
48 guilty of capital murder , murder in the first degree or murder in the second degree, when
49 murder in the second degree is committed pursuant to subdivision (1) of subsection 1 of
50 section 565.021, who was under eighteen years of age when the of fender committed the
51 of fense or of fenses who may be found ineligible for parole or whose parole eligibility may be
52 controlled by section 558.047 or 565.033.
53 8. Any of fender under a sentence for first degree murder who has been denied release
54 on parole after a parole hearing shall not be eligible for another parole hearing until at least
HB 2786 2
55 three years from the month of the parole denial; however , this subsection shall not prevent a
56 release pursuant to subsection 4 of section 558.01 1.
57 9. A victim who has requested an opportunity to be heard shall receive notice that the
58 parole board is conducting an assessment of the offender's risk and readiness for release and
59 that the victim's input will be particularly helpful when it pertains to safety concerns and
60 specific protective measures that may be beneficial to the victim should the of fender be
61 granted release.
62 10. Parole hearings shall, at a minimum, contain the following procedures:
63 (1) The victim or person representing the victim who attends a hearing may be
64 accompanied by one other person;
65 (2) The victim or person representing the victim who attends a hearing shall have the
66 option of giving testimony in the presence of the inmate or to the hearing panel without the
67 inmate being present;
68 (3) The victim or person representing the victim may call or write the parole board
69 rather than attend the hearing;
70 (4) The victim or person representing the victim may have a personal meeting with a
71 parole board member at the parole board's central of fice;
72 (5) The judge, prosecuting attorney or circuit attorney and a representative of the
73 local law enforcement agency investigating the crime shall be allowed to attend the hearing or
74 provide information to the hearing panel in regard to the parole consideration; and
75 (6) The parole board shall evaluate information listed in the juvenile sex of fender
76 registry pursuant to section 21 1.425, provided the of fender is between the ages of seventeen
77 and twenty-one, as it impacts the safety of the community .
78 1 1. The parole board shall notify any person of the results of a parole eligibility
79 hearing if the person indicates to the parole board a desire to be notified.
80 12. The parole board may , at its discretion, require any of fender seeking parole to
81 meet certain conditions during the term of that parole so long as said conditions are not illegal
82 or impossible for the of fender to perform. These conditions may include an amount of
83 restitution to the state for the cost of that of fender's incarceration.
84 13. Special parole conditions shall be responsive to the assessed risk and needs of the
85 of fender or the need for extraordinary supervision, such as electronic monitoring. The parole
86 board shall adopt rules to minimize the conditions placed on low-risk cases, to frontload
87 conditions upon release, and to require the modification and reduction of conditions based on
88 the person's continuing stability in the community . Parole board rules shall permit parole
89 conditions to be modified by parole of ficers with review and approval by supervisors.
90 14. Nothing contained in this section shall be construed to require the release of an
91 of fender on parole nor to reduce the sentence of an of fender heretofore committed.
HB 2786 3
92 15. Beginning January 1, 2001, the parole board shall not order a parole unless the
93 of fender has obtained a high school diploma or its equivalent, or unless the parole board is
94 satisfied that the of fender , while committed to the custody of the department, has made an
95 honest good-faith ef fort to obtain a high school diploma or its equivalent; provided that the
96 director may waive this requirement by certifying in writing to the parole board that the
97 of fender has actively participated in mandatory education programs or is academically unable
98 to obtain a high school diploma or its equivalent.
99 16. Any rule or portion of a rule, as that term is defined in section 536.010, that is
100 created under the authority delegated in this section shall become ef fective only if it complies
101 with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.
102 This section and chapter 536 are nonseverable and if any of the powers vested with the
103 general assembly pursuant to chapter 536 to review , to delay the ef fective date, or to
104 disapprove and annul a rule are subsequently held unconstitutional, then the grant of
105 rulemaking authority and any rule proposed or adopted after August 28, 2005, shall be invalid
106 and void.
✔
HB 2786 4