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. 1168
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR ROBERTS.
5072S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 558.041, RSMo, and to enact in lieu thereof five new sections relating to persons
convicted of a crime.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 558.041, RSMo, is repealed and five 1
new sections enacted in lieu thereof, to be known as sections 2
314.205, 314.208, 314.211, 314.214, and 558.041, to read as 3
follows:4
314.205. As used in sections 314.205 to 314.214, the 1
following terms shall mean: 2
(1) "Certificate", a certificate of exemplary conduct 3
and good moral character; 4
(2) "Circuit court", any circuit court in the state of 5
Missouri; 6
(3) "Eligible individual", a person who has been 7
convicted of an offense in this state or in any other 8
jurisdiction that does not include an offense that would 9
subject a person to the sex offender registry under sections 10
589.400 to 589.426; 11
(4) "Petition", any form or document that is submitted 12
to the circuit court that documents an eligible individual's 13
desire to obtain a certificate and the eligible individual's 14
justification for why the circuit court should grant his or 15
her request. 16
SB 1168 2
314.208. 1. The circuit court shall have the power to 1
issue a certificate to an eligible individual that has the 2
force and effect of a final judgment. The circuit court 3
shall issue a certificate to an eligible individual if the 4
presiding judge finds, at the moment of sentencing or at any 5
moment thereafter, that clear and convincing evidence 6
demonstrates that the eligible individual has: 7
(1) Consistently conducted himself or herself in a 8
manner warranting the issuance of a certificate; 9
(2) Consistently demonstrated that he or she is of 10
good moral character; and 11
(3) Generally acted in such a way that granting the 12
certificate is consistent with the public interest. 13
2. The circuit court shall have the power to 14
investigate an eligible individual petitioning for a 15
certificate. 16
3. The circuit court shall grant or deny the petition 17
within a reasonable period of time after the petition is 18
filed. 19
4. If the circuit court has issued a certificate, the 20
circuit court may at any time issue a new certificate 21
enlarging the relief previously granted. 22
5. After notice to a certificate holder, the circuit 23
court has the power to revoke a certificate upon a 24
subsequent conviction. 25
314.211. 1. A certificate shall not prevent any 1
judicial or administrative proceeding, any licensing 2
authority, or any other body, board, employer, or authority 3
from accessing or considering the eligible individual's 4
conviction history. 5
SB 1168 3
2. A certificate removes any or all bars an eligible 6
individual faces with respect to employment, housing, or 7
occupational licenses. 8
3. An employer is not civilly or criminally liable for 9
an act or omission by an employee who has been issued a 10
certificate, except for a willful or wanton act by the 11
employer in hiring the employee who has been issued a 12
certificate. 13
314.214. 1. The chief justice of the Missouri supreme 1
court, or his or her designee, may create forms to assist 2
eligible individuals in providing all the information 3
required for a presiding judge to fully consider the 4
eligible individual's case. 5
2. The division of professional registration, and any 6
other Missouri entity that has the authority to issue or 7
revoke a license, shall report to the general assembly on 8
November thirtieth of each year the following: 9
(1) The number of licensure applicants with felony 10
convictions; 11
(2) The number of applicants with certificates; 12
(3) The number of licenses awarded to applicants with 13
felony convictions; 14
(4) The number of licenses awarded to applicants with 15
certificates; 16
(5) The number of applicants with felony convictions 17
denied licenses; and 18
(6) The number of applicants with certificates denied 19
licenses. 20
558.041. 1. Any offender committed to the department 1
of corrections, except those persons committed pursuant to 2
subsection 7 of section 558.016, or subsection 3 of section 3
566.125, [may] shall receive additional credit in terms of 4
SB 1168 4
days spent in confinement upon recommendation for such 5
credit by the offender's institutional superintendent when 6
the offender meets the requirements for such credit as 7
provided in subsections 3 and 4 of this section. Good time 8
credit may be rescinded by the director or his or her 9
designee pursuant to the divisional policy issued pursuant 10
to subsection 3 of this section. 11
2. Any credit extended to an offender shall only apply 12
to the sentence which the offender is currently serving, but 13
any program or activity, as described under subsection 3 of 14
this section, that is completed by an offender prior to 15
August 28, 2026, shall apply retroactively for good time 16
credit. 17
3. (1) The director of the department of corrections 18
shall issue a policy for awarding credit. 19
(2) The policy [may] shall reward an [inmate] offender 20
who has 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 her. 23
(3) Any major conduct violation of institutional rules 24
[or], violation of the laws of this state [may], parole 25
revocation, or the accumulation of minor conduct violations 26
exceeding six within a calendar year shall result in the 27
loss of all [or a portion of any] prior credit earned by the 28
[inmate] offender pursuant to this section. 29
(4) The policy shall specify the programs or 30
activities for which credit may be earned under this 31
section, the criteria for determining productive 32
participation in, or completion of, the programs or 33
activities, and the criteria for awarding credit. 34
SB 1168 5
(5) No offender committed to the department who is 35
sentenced to death or sentenced to life without probation or 36
parole shall be eligible for good time credit. 37
(6) The department shall award credit of sixty days to 38
any qualifying offender who successfully: 39
(a) Receives a high school diploma or equivalent, 40
college diploma, or a vocational training certificate as 41
provided under the department's policy; 42
(b) Completes an alcohol or drug abuse treatment 43
program as provided under the department's policy, except 44
that alcohol and drug abuse treatment programs ordered by 45
the court or parole board shall not qualify; 46
(c) Completes one thousand hours of restorative 47
justice; or 48
(d) Completes other programs as provided under the 49
department's policy. 50
(7) Each qualifying program or activity successfully 51
completed shall earn sixty days of credit. 52
(8) Offenders sentenced under subsections 2 and 3 of 53
section 558.019 shall be eligible for good time credit. Any 54
good time credit earned shall be subtracted from the 55
offender's minimum eligibility-for-release date. 56
(9) Nothing in this section shall be construed to 57
require that the offender be released as a result of good 58
time credit. The parole board in its discretion shall 59
determine the date of release. 60
4. [The department shall cause the policy to be 61
published in the code of state regulations. 62
5. No rule or portion of a rule promulgated under the 63
authority of this chapter shall become effective unless it 64
has been promulgated pursuant to the provisions of section 65
536.024] Offenders may petition the department to receive 66
SB 1168 6
credit for programs or activities completed prior to August 67
28, 2026, as specified below: 68
(1) Offenders are eligible to submit petitions from 69
January 1, 2027, to December 31, 2027; 70
(2) Offenders shall have completed the program or 71
activity after December 31, 2009; and 72
(3) The provisions of this subsection shall apply 73
retroactively to offenses committed after December 31, 2009. 74
5. No offender committed to the department who is 75
sentenced to death or sentenced to life without probation or 76
parole shall be eligible for good time credit under this 77
section. 78
✓