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SECOND REGULAR SESSION
HOUSE BILL NO. 3498
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE COOK.
7400H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 217.695, 217.720, and 217.722, RSMo, and to enact in lieu thereof four
new sections relating to persons on probation and parole.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 217.695, 217.720, and 217.722, RSMo, are repealed and four
2 new sections enacted in lieu thereof, to be known as sections 217.695, 217.720, 217.722, and
3 217.723, to read as follows:
217.695. 1. As used in this section, the following terms mean:
2 (1) "Chief law enforcement of ficial", the county sheriff , chief of police or other public
3 of ficial responsible for enforcement of criminal laws within a county or city not within a
4 county;
5 (2) "County" includes a city not within a county;
6 (3) "Of fender", a person in the custody of the department or under the supervision of
7 the division of probation and parole.
8 2. (1) Each of fender to be released from custody of the department who will be under
9 the supervision of the division of probation and parole, except an of fender transferred to
10 another state pursuant to the interstate corrections compact, shall shortly before release be
11 required to: complete a registration form indicating his or her intended address upon release,
12 employer , parent's address, and such other information as may be required; submit to
13 photographs; submit to fingerprints; or undergo other identification procedures including but
14 not limited to hair samples or other identification indicia. All data and indicia of
15 identification shall be compiled in duplicate, with one set to be retained by the department,
16 and one set for the chief law enforcement of ficial of the county of intended residence.
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.
17 (2) Notwithstanding any pr ovision of law to the contrary , the division of
18 pr obation and par ole shall forward the terms and conditions of an offender's prob ation
19 or par ole to the Missouri state highway patrol within five business days of an offender's
20 r elease fr om custody of the department of corr ections and entry into supervision by the
21 division. Such terms and conditions of pro bation or par ole shall be record ed in the
22 Missouri uniform law enforcem ent system (MULES), wher e such information is
23 available to members of the criminal justice system, and other entities as pr ovided by
24 law , upon inquiry .
25 3. Any offender subject to the provisions of this section who changes his or her
26 county of residence shall, in addition to notifying the division of probation and parole, notify
27 and register with the chief law enforcement of ficial of the county of residence within seven
28 days after he or she changes his or her residence to that county .
29 4. Failure by an of fender to register with the chief law enforcement of ficial upon a
30 change in the county of his or her residence shall be cause for revocation of the parole of the
31 person except for good cause shown.
32 5. The department, the division of probation and parole, and the chief law
33 enforcement of ficial shall cause the information collected on the initial registration and any
34 subsequent changes in residence or registration to be recorded with the highway patrol
35 criminal information system.
36 6. The director of the department of public safety shall design and distribute the
37 registration forms required by this section and shall provide any administrative assistance
38 needed to facilitate the provisions of this section.
217.720. 1. At any time during release on parole or conditional release the division of
2 probation and parole may issue a warrant for the arrest of a released of fender for violation of
3 any of the conditions of parole or conditional release. The warrant shall authorize any law
4 enforcement of ficer to return the of fender to the actual custody of the correctional center from
5 which the of fender was released, or to any other suitable facility designated by the division.
6 If any parole or probation of ficer has probable cause to believe that such of fender has violated
7 a condition of parole or conditional release, the probation or parole of ficer may issue a
8 warrant for the arrest of the of fender . The probation or parole of ficer may ef fect the arrest or
9 may deputize any of ficer with the power of arrest to do so by giving the of ficer a copy of the
10 warrant which shall outline the circumstances of the alleged violation and contain the
11 statement that the of fender has, in the judgment of the probation or parole of ficer , violated
12 conditions of parole or conditional release. The warrant delivered with the of fender by the
13 arresting of ficer to the of ficial in char ge of any facility designated by the division to which the
14 of fender is brought shall be suf ficient legal authority for detaining the of fender . After the
15 arrest the parole or probation officer shall present to the detaining authorities a similar
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16 statement of the circumstances of violation. Pending hearing as hereinafter provided, upon
17 any char ge of violation, the of fender shall remain in custody or incarcerated without
18 consideration of bail.
19 2. If the of fender is arrested under the authority granted in subsection 1 of this section
20 or under the authority granted in section 217.723 , the of fender shall have the right to a
21 preliminary hearing on the violation char ged unless the of fender waives such hearing. Upon
22 such arrest and detention, the parole or probation of ficer shall immediately notify the board
23 and shall submit in writing a report showing in what manner the of fender has violated the
24 conditions of his parole or conditional release. The board shall order the of fender dischar ged
25 from such facility , require as a condition of parole or conditional release the placement of the
26 of fender in a treatment center operated by the department of corrections, or shall cause the
27 of fender to be brought before it for a hearing on the violation char ged, under such rules and
28 regulations as the board may adopt. If the violation is established and found, the board may
29 continue or revoke the parole or conditional release, or enter such other order as it may see fit.
30 If no violation is established and found, then the parole or conditional release shall continue.
31 If at any time during release on parole or conditional release the offender is arrested for a
32 crime which later leads to conviction, and sentence is then served outside the Missouri
33 department of corrections, the board shall determine what part, if any , of the time from the
34 date of arrest until completion of the sentence imposed is counted as time served under the
35 sentence from which the of fender was paroled or conditionally released.
36 3. An offender for whose return a warrant has been issued by the division shall, if it is
37 found that the warrant cannot be served, be deemed to be a fugitive from justice or to have
38 fled from justice. If it shall appear that the of fender has violated the provisions and
39 conditions of his parole or conditional release, the board shall determine whether the time
40 from the issuing date of the warrant to the date of his arrest on the warrant, or continuance on
41 parole or conditional release shall be counted as time served under the sentence. In all other
42 cases, time served on parole or conditional release shall be counted as time served under the
43 sentence.
44 4. At any time during parole or probation, the division may issue a warrant for the
45 arrest of any person from another jurisdiction, the visitation and supervision of whom the
46 division has undertaken pursuant to the provisions of the interstate compact for the
47 supervision of parolees and probationers authorized in section 217.810, for violation of any of
48 the conditions of release, or a notice to appear to answer a char ge of violation. The notice
49 shall be served personally upon the person. The warrant shall authorize any law enforcement
50 of ficer to return the of fender to any suitable detention facility designated by the division. Any
51 parole or probation of ficer may arrest such person without a warrant, or may deputize any
52 other of ficer with power of arrest to do so by issuing a written statement setting forth that the
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53 defendant has, in the judgment of the parole or probation of ficer , violated the conditions of
54 his release. The written statement delivered with the person by the arresting of ficer to the
55 of ficial in char ge of the detention facility to which the person is brought shall be suf ficient
56 legal authority for detaining him. After making an arrest the parole or probation of ficer shall
57 present to the detaining authorities a similar statement of the circumstances of violation.
217.722. 1. If any probation of ficer has probable cause to believe that the person on
2 probation has violated a condition of probation, the probation of ficer may issue a warrant for
3 the arrest of the person on probation. The officer may ef fect the arrest or may deputize any
4 other of ficer with the power of arrest to do so by giving the of ficer a copy of the warrant
5 which will outline the circumstances of the alleged violation and contain the statement that
6 the person on probation has, in the judgment of the probation of ficer , violated the conditions
7 of probation. The warrant delivered with the offender by the arresting of ficer to the of ficial in
8 char ge of any jail or other detention facility shall be suff icient authority for detaining the
9 person on probation pending a preliminary hearing on the alleged violation. Other provisions
10 of law relating to release on bail of persons char ged with criminal of fenses shall be applicable
11 to persons detained on alleged probation violations.
12 2. Any person on probation arrested under the authority granted in subsection 1 of
13 this section or under the authority granted in section 217.723 shall have the right to a
14 preliminary hearing on the violation char ged as long as the person on probation remains in
15 custody or unless the offender waives such hearing. The person on probation shall be notified
16 immediately in writing of the alleged probation violation. If arrested in the jurisdiction of the
17 sentencing court, and the court which placed the person on probation is immediately
18 available, the preliminary hearing shall be heard by the sentencing court. Otherwise, the
19 person on probation shall be taken before a judge or associate circuit judge in the county of
20 the alleged violation or arrest having original jurisdiction to try criminal of fenses or before an
21 impartial member of the staff of the division of probation and parole, and the preliminary
22 hearing shall be held as soon as possible after the arrest. Such preliminary hearings shall be
23 conducted as provided by rule of court or by rules of the parole board. If it appears that there
24 is probable cause to believe that the person on probation has violated a condition of probation,
25 or if the person on probation waives the preliminary hearing, the judge or associate circuit
26 judge, or member of the staf f of the division of probation and parole shall order the person on
27 probation held for further proceedings in the sentencing court. If probable cause is not found,
28 the court shall not be barred from holding a hearing on the question of the alleged violation of
29 a condition of probation nor from ordering the person on probation to be present at such a
30 hearing.
31 3. Upon such arrest and detention, the probation of ficer shall immediately notify the
32 sentencing court and shall submit to the court a written report showing in what manner the
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33 person on probation has violated the conditions of probation. Thereupon, or upon arrest by
34 warrant, the court shall cause the person on probation to be brought before it without
35 unnecessary delay for a hearing on the violation char ged. Revocation hearings shall be
36 conducted as provided by rule of court.
217.723. Notwithstanding any pr ovision of law to the contrary , any pr obation or
2 par ole officer or law enfor cement officer with power of arres t may arres t a prob ationer
3 or par olee without a warrant if the pro bationer or par olee violates the conditions of
4 pr obation or par ole in the pr esence of the arres ting officer . The arr esting officer , or his
5 or her agency , as soon as practicable, but no later than twenty-four hours following the
6 arr est, shall notify the board of pro bation and parol e of the prob ationer or par olee's
7 arr est. The pr obationer or parol ee may be detained in the county jail or other
8 appr opriate place of detention until the pr obationer or par olee is bro ught befor e the
9 court as prov ided under subsection 2 of section 217.720 or under subsection 2 of section
10 217.722.
✔
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