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SECOND REGULAR SESSION
SENATE BILL NO. 1783
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHNELTING.
7360S.01I KRISTINA MARTIN, Secretary
AN ACT
To 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, 1
are repealed and four new sections enacted in lieu thereof, to 2
be known as sections 217.695, 217.720, 217.722, and 217.723, to 3
read as follows:4
217.695. 1. As used in this section, the following 1
terms mean: 2
(1) "Chief law enforcement official", the county 3
sheriff, chief of police or other public official 4
responsible for enforcement of criminal laws within a county 5
or city not within a county; 6
(2) "County" includes a city not within a county; 7
(3) "Offender", a person in the custody of the 8
department or under the supervision of the division of 9
probation and parole. 10
2. (1) Each offender to be released from custody of 11
the department who will be under the supervision of the 12
division of probation and parole, except an offender 13
transferred to another state pursuant to the interstate 14
corrections compact, shall shortly before release be 15
required to: complete a registration form indicating his or 16
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her intended address upon release, employer, parent's 17
address, and such other information as may be required; 18
submit to photographs; submit to fingerprints; or undergo 19
other identification procedures including but not limited to 20
hair samples or other identification indicia. All data and 21
indicia of identification shall be compiled in duplicate, 22
with one set to be retained by the department, and one set 23
for the chief law enforcement official of the county of 24
intended residence. 25
(2) Notwithstanding any provision of law to the 26
contrary, the division of probation and parole shall forward 27
the terms and conditions of an offender's probation or 28
parole to the Missouri state highway patrol within five 29
business days of an offender's release from custody of the 30
department of corrections and entry into supervision by the 31
division. Such terms and conditions of probation or parole 32
shall be recorded in the Missouri uniform law enforcement 33
system (MULES), where such information is available to 34
members of the criminal justice system, and other entities 35
as provided by law, upon inquiry. 36
3. Any offender subject to the provisions of this 37
section who changes his or her county of residence shall, in 38
addition to notifying the division of probation and parole, 39
notify and register with the chief law enforcement official 40
of the county of residence within seven days after he or she 41
changes his or her residence to that county. 42
4. Failure by an offender to register with the chief 43
law enforcement official upon a change in the county of his 44
or her residence shall be cause for revocation of the parole 45
of the person except for good cause shown. 46
5. The department, the division of probation and 47
parole, and the chief law enforcement official shall cause 48
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the information collected on the initial registration and 49
any subsequent changes in residence or registration to be 50
recorded with the highway patrol criminal information system. 51
6. The director of the department of public safety 52
shall design and distribute the registration forms required 53
by this section and shall provide any administrative 54
assistance needed to facilitate the provisions of this 55
section. 56
217.720. 1. At any time during release on parole or 1
conditional release the division of probation and parole may 2
issue a warrant for the arrest of a released offender for 3
violation of any of the conditions of parole or conditional 4
release. The warrant shall authorize any law enforcement 5
officer to return the offender to the actual custody of the 6
correctional center from which the offender was released, or 7
to any other suitable facility designated by the division. 8
If any parole or probation officer has probable cause to 9
believe that such offender has violated a condition of 10
parole or conditional release, the probation or parole 11
officer may issue a warrant for the arrest of the offender. 12
The probation or parole officer may effect the arrest or may 13
deputize any officer with the power of arrest to do so by 14
giving the officer a copy of the warrant which shall outline 15
the circumstances of the alleged violation and contain the 16
statement that the offender has, in the judgment of the 17
probation or parole officer, violated conditions of parole 18
or conditional release. The warrant delivered with the 19
offender by the arresting officer to the official in charge 20
of any facility designated by the division to which the 21
offender is brought shall be sufficient legal authority for 22
detaining the offender. After the arrest the parole or 23
probation officer shall present to the detaining authorities 24
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a similar statement of the circumstances of violation. 25
Pending hearing as hereinafter provided, upon any charge of 26
violation, the offender shall remain in custody or 27
incarcerated without consideration of bail. 28
2. If the offender is arrested under the authority 29
granted in subsection 1 of this section or under the 30
authority granted in section 217.723, the offender shall 31
have the right to a preliminary hearing on the violation 32
charged unless the offender waives such hearing. Upon such 33
arrest and detention, the parole or probation officer shall 34
immediately notify the board and shall submit in writing a 35
report showing in what manner the offender has violated the 36
conditions of his parole or conditional release. The board 37
shall order the offender discharged from such facility, 38
require as a condition of parole or conditional release the 39
placement of the offender in a treatment center operated by 40
the department of corrections, or shall cause the offender 41
to be brought before it for a hearing on the violation 42
charged, under such rules and regulations as the board may 43
adopt. If the violation is established and found, the board 44
may continue or revoke the parole or conditional release, or 45
enter such other order as it may see fit. If no violation 46
is established and found, then the parole or conditional 47
release shall continue. If at any time during release on 48
parole or conditional release the offender is arrested for a 49
crime which later leads to conviction, and sentence is then 50
served outside the Missouri department of corrections, the 51
board shall determine what part, if any, of the time from 52
the date of arrest until completion of the sentence imposed 53
is counted as time served under the sentence from which the 54
offender was paroled or conditionally released. 55
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3. An offender for whose return a warrant has been 56
issued by the division shall, if it is found that the 57
warrant cannot be served, be deemed to be a fugitive from 58
justice or to have fled from justice. If it shall appear 59
that the offender has violated the provisions and conditions 60
of his parole or conditional release, the board shall 61
determine whether the time from the issuing date of the 62
warrant to the date of his arrest on the warrant, or 63
continuance on parole or conditional release shall be 64
counted as time served under the sentence. In all other 65
cases, time served on parole or conditional release shall be 66
counted as time served under the sentence. 67
4. At any time during parole or probation, the 68
division may issue a warrant for the arrest of any person 69
from another jurisdiction, the visitation and supervision of 70
whom the division has undertaken pursuant to the provisions 71
of the interstate compact for the supervision of parolees 72
and probationers authorized in section 217.810, for 73
violation of any of the conditions of release, or a notice 74
to appear to answer a charge of violation. The notice shall 75
be served personally upon the person. The warrant shall 76
authorize any law enforcement officer to return the offender 77
to any suitable detention facility designated by the 78
division. Any parole or probation officer may arrest such 79
person without a warrant, or may deputize any other officer 80
with power of arrest to do so by issuing a written statement 81
setting forth that the defendant has, in the judgment of the 82
parole or probation officer, violated the conditions of his 83
release. The written statement delivered with the person by 84
the arresting officer to the official in charge of the 85
detention facility to which the person is brought shall be 86
sufficient legal authority for detaining him. After making 87
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an arrest the parole or probation officer shall present to 88
the detaining authorities a similar statement of the 89
circumstances of violation. 90
217.722. 1. If any probation officer has probable 1
cause to believe that the person on probation has violated a 2
condition of probation, the probation officer may issue a 3
warrant for the arrest of the person on probation. The 4
officer may effect the arrest or may deputize any other 5
officer with the power of arrest to do so by giving the 6
officer a copy of the warrant which will outline the 7
circumstances of the alleged violation and contain the 8
statement that the person on probation has, in the judgment 9
of the probation officer, violated the conditions of 10
probation. The warrant delivered with the offender by the 11
arresting officer to the official in charge of any jail or 12
other detention facility shall be sufficient authority for 13
detaining the person on probation pending a preliminary 14
hearing on the alleged violation. Other provisions of law 15
relating to release on bail of persons charged with criminal 16
offenses shall be applicable to persons detained on alleged 17
probation violations. 18
2. Any person on probation arrested under the 19
authority granted in subsection 1 of this section or under 20
the authority granted in section 217.723 shall have the 21
right to a preliminary hearing on the violation charged as 22
long as the person on probation remains in custody or unless 23
the offender waives such hearing. The person on probation 24
shall be notified immediately in writing of the alleged 25
probation violation. If arrested in the jurisdiction of the 26
sentencing court, and the court which placed the person on 27
probation is immediately available, the preliminary hearing 28
shall be heard by the sentencing court. Otherwise, the 29
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person on probation shall be taken before a judge or 30
associate circuit judge in the county of the alleged 31
violation or arrest having original jurisdiction to try 32
criminal offenses or before an impartial member of the staff 33
of the division of probation and parole, and the preliminary 34
hearing shall be held as soon as possible after the arrest. 35
Such preliminary hearings shall be conducted as provided by 36
rule of court or by rules of the parole board. If it 37
appears that there is probable cause to believe that the 38
person on probation has violated a condition of probation, 39
or if the person on probation waives the preliminary 40
hearing, the judge or associate circuit judge, or member of 41
the staff of the division of probation and parole shall 42
order the person on probation held for further proceedings 43
in the sentencing court. If probable cause is not found, 44
the court shall not be barred from holding a hearing on the 45
question of the alleged violation of a condition of 46
probation nor from ordering the person on probation to be 47
present at such a hearing. 48
3. Upon such arrest and detention, the probation 49
officer shall immediately notify the sentencing court and 50
shall submit to the court a written report showing in what 51
manner the person on probation has violated the conditions 52
of probation. Thereupon, or upon arrest by warrant, the 53
court shall cause the person on probation to be brought 54
before it without unnecessary delay for a hearing on the 55
violation charged. Revocation hearings shall be conducted 56
as provided by rule of court. 57
217.723. Notwithstanding any provision of law to the 1
contrary, any probation or parole officer or law enforcement 2
officer with power of arrest may arrest a probationer or 3
parolee without a warrant if the probationer or parolee 4
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violates the conditions of probation or parole in the 5
presence of the arresting officer. The arresting officer, 6
or his or her agency, as soon as practicable, but no later 7
than twenty-four hours following the arrest, shall notify 8
the board of probation and parole of the probationer or 9
parolee's arrest. The probationer or parolee may be 10
detained in the county jail or other appropriate place of 11
detention until the probationer or parolee is brought before 12
the court as provided under subsection 2 of section 217.720 13
or under subsection 2 of section 217.722. 14
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