Read the full stored bill text
EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1074
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR HUDSON.
4021S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 217.147, 217.151, 217.703, 558.041, and 559.016, RSMo, and to enact in lieu
thereof two new sections relating to criminal sentencing.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 217.147, 217.151, 217.703, 558.041, 1
and 559.016, RSMo, are repealed and two new sections enacted in 2
lieu thereof, to be known as sections 217.151 and 559.016, to 3
read as follows:4
217.151. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Extraordinary circumstance", a substantial flight 3
risk or some other extraordinary medical or security 4
circumstance that dictates restraints be used to ensure the 5
safety and security of a pregnant offender in her third 6
trimester, a postpartum offender forty-eight hours 7
postdelivery, the staff of the correctional center or 8
medical facility, other offenders, or the public; 9
(2) "Labor", the period of time before a birth during 10
which contractions are present; 11
(3) "Postpartum", the period of recovery immediately 12
following childbirth, which is six weeks for a vaginal birth 13
or eight weeks for a cesarean birth, or longer if so 14
determined by a physician or nurse; 15
SB 1074 2
(4) "Restraints", any physical restraint or other 16
device used to control the movement of a person's body or 17
limbs. 18
2. Unless extraordinary circumstances exist as 19
determined by a corrections officer, a correctional center 20
shall not use restraints on a pregnant offender in her third 21
trimester during transportation to and from visits to health 22
care providers or court proceedings, or during medical 23
appointments and examinations, labor, delivery, or forty- 24
eight hours postdelivery. 25
3. In the event a corrections officer determines that 26
extraordinary circumstances exist and restraints are 27
necessary, the corrections officer shall fully document in 28
writing within forty-eight hours of the incident the reasons 29
he or she determined such extraordinary circumstances 30
existed, the type of restraints used, and the reasons those 31
restraints were considered the least restrictive available 32
and the most reasonable under the circumstances. Such 33
documents shall be kept on file by the correctional center 34
for at least ten years from the date the restraints were 35
used. 36
4. Any time restraints are used on a pregnant offender 37
in her third trimester or on a postpartum offender forty- 38
eight hours postdelivery, the restraints shall be the least 39
restrictive available and the most reasonable under the 40
circumstances. In no case shall leg, ankle, or waist 41
restraints or any mechanical restraints be used on any such 42
offender, and if wrist restraints are used, such restraints 43
shall be placed in the front of such offender's body to 44
protect the offender and unborn child in the case of a 45
forward fall. 46
SB 1074 3
5. If a doctor, nurse, or other health care provider 47
treating the pregnant offender in her third trimester or the 48
postpartum offender forty-eight hours postdelivery requests 49
that restraints not be used, the corrections officer 50
accompanying such offender shall immediately remove all 51
restraints. 52
6. Pregnant offenders shall be transported in vehicles 53
equipped with seatbelts. 54
7. [The sentencing and corrections oversight 55
commission established under section 217.147 and] The 56
advisory committee established under section 217.015 shall 57
conduct biannual reviews of every report written on the use 58
of restraints on a pregnant offender in her third trimester 59
or on a postpartum offender forty-eight hours postdelivery 60
in accordance with subsection 3 of this section to determine 61
compliance with this section. The written reports shall be 62
kept on file by the department for ten years. 63
8. The chief administrative officer, or equivalent 64
position, of each correctional center shall: 65
(1) Ensure that employees of the correctional center 66
are provided with training, which may include online 67
training, on the provisions of this section [and section 68
217.147]; and 69
(2) Inform female offenders, in writing and orally, of 70
any policies and practices developed in accordance with this 71
section upon admission to the correctional center, including 72
policies and practices in any offender handbook, and post 73
the policies and practices in locations in the correctional 74
center where such notices are commonly posted and will be 75
seen by female offenders, including common housing areas and 76
health care facilities. 77
SB 1074 4
9. The provisions of this section shall apply only to 78
the department of corrections. 79
559.016. 1. Unless terminated as provided in section 1
559.036 [or modified under section 217.703], the terms 2
during which each probation shall remain conditional and be 3
subject to revocation are: 4
(1) A term of years not less than one year and not to 5
exceed five years for a felony; 6
(2) A term not less than six months and not to exceed 7
two years for a misdemeanor; 8
(3) A term not less than six months and not to exceed 9
one year for an infraction. 10
2. The court shall designate a specific term of 11
probation at the time of sentencing or at the time of 12
suspension of imposition of sentence. [Such term may be 13
modified by the division of probation and parole under 14
section 217.703.] 15
3. The court may extend a period of probation, 16
however, no more than one extension of any probation may be 17
ordered except that the court may extend the total time on 18
probation by one additional year by order of the court if 19
the defendant admits he or she has violated the conditions 20
of his or her probation or is found by the court to have 21
violated the conditions of his or her probation. Total time 22
on any probation term, including any extension, shall not 23
exceed the maximum term as established in subsection 1 of 24
this section plus one additional year if the defendant 25
admits or the court finds that the defendant has violated 26
the conditions of his or her probation. 27
[217.147. 1. There is hereby created the 1
"Sentencing and Corrections Oversight 2
SB 1074 5
Commission". The commission shall be composed 3
of thirteen members as follows: 4
(1) A circuit court judge to be appointed 5
by the chief justice of the Missouri supreme 6
court; 7
(2) Three members to be appointed by the 8
governor with the advice and consent of the 9
senate, one of whom shall be a victim's 10
advocate, one of whom shall be a representative 11
from the Missouri Sheriffs' Association, and one 12
of whom shall be a representative of the 13
Missouri Association of Counties; 14
(3) The following shall be ex officio, 15
voting members: 16
(a) The chair of the senate judiciary 17
committee, or any successor committee that 18
reviews legislation involving crime and criminal 19
procedure, who shall serve as co-chair of the 20
commission and the ranking minority member of 21
such senate committee; 22
(b) The chair of the appropriations-public 23
safety and corrections committee of the house of 24
representatives, or any successor committee that 25
reviews similar legislation, who shall serve as 26
co-chair and the ranking minority member of such 27
house committee; 28
(c) The director of the Missouri state 29
public defender system, or his or her designee 30
who is a practicing public defender; 31
(d) The executive director of the Missouri 32
office of prosecution services, or his or her 33
designee who is a practicing prosecutor; 34
(e) The director of the department of 35
corrections, or his or her designee; 36
(f) The chairman of the board of probation 37
and parole, or his or her designee; 38
(g) The chief justice of the Missouri 39
supreme court, or his or her designee. 40
2. Beginning with the appointments made 41
after August 28, 2012, the circuit court judge 42
member shall be appointed for four years, two of 43
the members appointed by the governor shall be 44
appointed for three years, and one member 45
appointed by the governor shall be appointed for 46
SB 1074 6
two years. Thereafter, the members shall be 47
appointed to serve four-year terms and shall 48
serve until a successor is appointed. A vacancy 49
in the office of a member shall be filled by 50
appointment for the remainder of the unexpired 51
term. 52
3. The co-chairs are responsible for 53
establishing and enforcing attendance and voting 54
rules, bylaws, and the frequency, location, and 55
time of meetings, and distributing meeting 56
notices, except that the commission's first 57
meeting shall occur by February 28, 2013, and 58
the commission shall meet at least twice each 59
calendar year. 60
4. The duties of the commission shall 61
include: 62
(1) Monitoring and assisting the 63
implementation of sections 217.703, 217.718, and 64
subsection 4 of section 559.036, and evaluating 65
recidivism reductions, cost savings, and other 66
effects resulting from the implementation; 67
(2) Determining ways to reinvest any cost 68
savings to pay for the continued implementation 69
of the sections listed in subdivision (1) of 70
this subsection and other evidence-based 71
practices for reducing recidivism; and 72
(3) Examining the issue of restitution for 73
crime victims, including the amount ordered and 74
collected annually, methods and costs of 75
collection, and restitution's order of priority 76
in official procedures and documents. 77
5. The department, board, and office of 78
state courts administrator shall collect and 79
report any data requested by the commission in a 80
timely fashion. 81
6. The commission shall issue a report to 82
the speaker of the house of representatives, 83
senate president pro tempore, chief justice of 84
the Missouri supreme court, and governor on 85
December 31, 2013, and annually thereafter, 86
detailing the effects of the sections listed in 87
subdivision (1) of subsection 4 and providing 88
the data and analysis demonstrating those 89
effects. The report may also recommend ways to 90
SB 1074 7
reinvest any cost savings into evidence-based 91
practices to reduce recidivism and possible 92
changes to sentencing and corrections policies 93
and statutes. 94
7. The department of corrections shall 95
provide administrative support to the commission 96
to carry out the duties of this section. 97
8. No member shall receive any 98
compensation for the performance of official 99
duties, but the members who are not otherwise 100
reimbursed by their agency shall be reimbursed 101
for travel and other expenses actually and 102
necessarily incurred in the performance of their 103
duties. 104
9. The provisions of this section shall 105
automatically expire on August 28, 2018.] 106
[217.703. 1. The division of probation 1
and parole shall award earned compliance credits 2
to any offender who is: 3
(1) Not subject to lifetime supervision 4
under sections 217.735 and 559.106 or otherwise 5
found to be ineligible to earn credits by a 6
court pursuant to subsection 2 of this section; 7
(2) On probation, parole, or conditional 8
release for an offense listed in chapter 579, or 9
an offense previously listed in chapter 195, or 10
for a class D or E felony, excluding sections 11
565.225, 565.252, 566.031, 566.061, 566.083, 12
566.093, 568.020, 568.060, offenses defined as 13
sexual assault under section 589.015, deviate 14
sexual assault, assault in the second degree 15
under subdivision (2) of subsection 1 of section 16
565.052, endangering the welfare of a child in 17
the first degree under subdivision (2) of 18
subsection 1 of section 568.045, and any offense 19
of aggravated stalking or assault in the second 20
degree under subdivision (2) of subsection 1 of 21
section 565.060 as such offenses existed prior 22
to January 1, 2017; 23
(3) Supervised by the division of 24
probation and parole; and 25
SB 1074 8
(4) In compliance with the conditions of 26
supervision imposed by the sentencing court or 27
board. 28
2. If an offender was placed on probation, 29
parole, or conditional release for an offense of: 30
(1) Involuntary manslaughter in the second 31
degree; 32
(2) Assault in the second degree except 33
under subdivision (2) of subsection 1 of section 34
565.052 or section 565.060 as it existed prior 35
to January 1, 2017; 36
(3) Domestic assault in the second degree; 37
(4) Assault in the third degree when the 38
victim is a special victim or assault of a law 39
enforcement officer in the second degree as it 40
existed prior to January 1, 2017; 41
(5) Statutory rape in the second degree; 42
(6) Statutory sodomy in the second degree; 43
(7) Endangering the welfare of a child in 44
the first degree under subdivision (1) of 45
subsection 1 of section 568.045; or 46
(8) Any case in which the defendant is 47
found guilty of a felony offense under chapter 48
571; 49
the sentencing court may, upon its own motion or 50
a motion of the prosecuting or circuit attorney, 51
make a finding that the offender is ineligible 52
to earn compliance credits because the nature 53
and circumstances of the offense or the history 54
and character of the offender indicate that a 55
longer term of probation, parole, or conditional 56
release is necessary for the protection of the 57
public or the guidance of the offender. The 58
motion may be made any time prior to the first 59
month in which the person may earn compliance 60
credits under this section or at a hearing under 61
subsection 5 of this section. The offender's 62
ability to earn credits shall be suspended until 63
the court or board makes its finding. If the 64
court or board finds that the offender is 65
eligible for earned compliance credits, the 66
credits shall begin to accrue on the first day 67
of the next calendar month following the 68
issuance of the decision. 69
SB 1074 9
3. Earned compliance credits shall reduce 70
the term of probation, parole, or conditional 71
release by thirty days for each full calendar 72
month of compliance with the terms of 73
supervision. Credits shall begin to accrue for 74
eligible offenders after the first full calendar 75
month of supervision or on October 1, 2012, if 76
the offender began a term of probation, parole, 77
or conditional release before September 1, 2012. 78
4. For the purposes of this section, the 79
term "compliance" shall mean the absence of an 80
initial violation report or notice of citation 81
submitted by a probation or parole officer 82
during a calendar month, or a motion to revoke 83
or motion to suspend filed by a prosecuting or 84
circuit attorney, against the offender. 85
5. Credits shall not accrue during any 86
calendar month in which a violation report, 87
which may include a report of absconder status, 88
has been submitted, the offender is in custody, 89
or a motion to revoke or motion to suspend has 90
been filed, and shall be suspended pending the 91
outcome of a hearing, if a hearing is held. If 92
no hearing is held, or if a hearing is held and 93
the offender is continued under supervision, or 94
the court or board finds that the violation did 95
not occur, then the offender shall be deemed to 96
be in compliance and shall begin earning credits 97
on the first day of the next calendar month 98
following the month in which the report was 99
submitted or the motion was filed. If a hearing 100
is held, all earned credits shall be rescinded 101
if: 102
(1) The court or board revokes the 103
probation or parole or the court places the 104
offender in a department program under 105
subsection 4 of section 559.036; or 106
(2) The offender is found by the court or 107
board to be ineligible to earn compliance 108
credits because the nature and circumstances of 109
the violation indicate that a longer term of 110
probation, parole, or conditional release is 111
necessary for the protection of the public or 112
the guidance of the offender. 113
SB 1074 10
Earned credits, if not rescinded, shall continue 114
to be suspended for a period of time during 115
which the court or board has suspended the term 116
of probation, parole, or release, and shall 117
begin to accrue on the first day of the next 118
calendar month following the lifting of the 119
suspension. 120
6. Offenders who are deemed by the 121
division to be absconders shall not earn 122
credits. For purposes of this subsection, 123
"absconder" shall mean an offender under 124
supervision whose whereabouts are unknown and 125
who has left such offender's place of residency 126
without the permission of the offender's 127
supervising officer and without notifying of 128
their whereabouts for the purpose of avoiding 129
supervision. An offender shall no longer be 130
deemed an absconder when such offender is 131
available for active supervision. 132
7. Notwithstanding subsection 2 of section 133
217.730 to the contrary, once the combination of 134
time served in custody, if applicable, time 135
served on probation, parole, or conditional 136
release, and earned compliance credits satisfy 137
the total term of probation, parole, or 138
conditional release, the board or sentencing 139
court shall order final discharge of the 140
offender, so long as the offender has completed 141
restitution and at least two years of his or her 142
probation, parole, or conditional release, which 143
shall include any time served in custody under 144
section 217.718 and sections 559.036 and 559.115. 145
8. The award or rescission of any credits 146
earned under this section shall not be subject 147
to appeal or any motion for postconviction 148
relief. 149
9. At least twice a year, the division 150
shall calculate the number of months the 151
offender has remaining on his or her term of 152
probation, parole, or conditional release, 153
taking into consideration any earned compliance 154
credits, and notify the offender of the length 155
of the remaining term. 156
SB 1074 11
10. No less than sixty days before the 157
date of final discharge, the division shall 158
notify the sentencing court, the board, and, for 159
probation cases, the circuit or prosecuting 160
attorney of the impending discharge. If the 161
sentencing court, the board, or the circuit or 162
prosecuting attorney upon receiving such notice 163
does not take any action under subsection 5 of 164
this section, the offender shall be discharged 165
under subsection 7 of this section. 166
11. Any offender who was sentenced prior 167
to January 1, 2017, to an offense that was 168
eligible for earned compliance credits under 169
subsection 1 or 2 of this section at the time of 170
sentencing shall continue to remain eligible for 171
earned compliance credits so long as the 172
offender meets all the other requirements 173
provided under this section. 174
12. The application of earned compliance 175
credits shall be suspended upon entry into a 176
treatment court, as described in sections 177
478.001 to 478.009, and shall remain suspended 178
until the offender is discharged from such 179
treatment court. Upon successful completion of 180
treatment court, all earned compliance credits 181
accumulated during the suspension period shall 182
be retroactively applied, so long as the other 183
terms and conditions of probation have been 184
successfully completed.] 185
[558.041. 1. Any offender committed to 1
the department of corrections, except those 2
persons committed pursuant to subsection 7 of 3
section 558.016, or subsection 3 of section 4
566.125, may receive additional credit in terms 5
of days spent in confinement upon recommendation 6
for such credit by the offender's institutional 7
superintendent when the offender meets the 8
requirements for such credit as provided in 9
subsections 3 and 4 of this section. Good time 10
credit may be rescinded by the director or his 11
or her designee pursuant to the divisional 12
policy issued pursuant to subsection 3 of this 13
section. 14
SB 1074 12
2. Any credit extended to an offender 15
shall only apply to the sentence which the 16
offender is currently serving. 17
3. The director of the department of 18
corrections shall issue a policy for awarding 19
credit. The policy may reward an inmate who has 20
served his or her sentence in an orderly and 21
peaceable manner and has taken advantage of the 22
rehabilitation programs available to him or 23
her. Any violation of institutional rules or 24
the laws of this state may result in the loss of 25
all or a portion of any credit earned by the 26
inmate pursuant to this section. 27
4. The department shall cause the policy 28
to be published in the code of state regulations. 29
5. No rule or portion of a rule 30
promulgated under the authority of this chapter 31
shall become effective unless it has been 32
promulgated pursuant to the provisions of 33
section 536.024.] 34
✓