Modifies provisions relating to criminal offenses, including minimum prison terms and conditional release

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Senate Committee Substitute

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SCS/SBs 882, 894 & 1294 - This act modifies provisions relating to criminal offenses.

LONG-TERM PROGRAM TREATMENT (SECTIONS 217.362 & 559.115)
The act repeals provisions that do not consider an offender's first incarceration in a Department of Corrections long-term substance abuse program or 120-day program as a previous prison commitment for the purpose of determining a minimum prison term.

CONDITIONAL RELEASE (SECTIONS 217.655, 217.760, 557.011 & 558.026, 566.030, 566.060, 566.067, 566.151, 566.210, 568.060, & 571.015)
This act provides that conditional release shall only be applicable to offenses committed prior to January 1, 2028. This act also removes certain references to conditional release.

DANGEROUS FELONIES (SECTION 556.061)
This act modifies the definition of "dangerous felony" to include statutory rape in the first degree and statutory sodomy in the first degree. The requirement that the victim of statutory rape in the first degree or sodomy in the first degree be under 12 for the offense to be a dangerous felony is removed. A person found guilty of a "dangerous felony" is required to serve eighty-five percent of their sentence prior to eligibility for parole. Additionally, the act includes the following offenses in the definition of "dangerous felony":
• Abuse through forced labor;
• Trafficking for the purposes of slavery, involuntary servitude, peonage, or forced labor, or the attempt of such offense;
• Trafficking for the purposes of sexual exploitation, or the attempt of such offense, when the offense was effected by force, abduction, or coercion;
• Sexual trafficking of a child in the first degree;
• Sexual trafficking of a child in the second degree; and
• Third offense of failing to register as a sex offender.

PRISON TERMS (SECTIONS 217.690, 557.021, 558.011 & 558.019)
Under current law, when a person is found guilty of a felony and sentenced, there is a certain percentage range of the sentence that must be served prior to parole eligibility. This act repeals such provisions and provides that offenders shall serve the following percentage of the imposed term prior to eligibility for parole based upon the felony classification as follows:
• Class A: 70%
• Class B: 50%
• Class C: 40%
• Class D: 25%
• Class E: 25%

This act also removes references to the minimum percentage ranges and replaces them with references to the eligibility percentages established in these provisions. Where a person is sentenced to concurrent or consecutive sentences, such person shall serve the eligibility percentage of each offense prior to parole eligibility.

Under current law, there are certain offenses that contain higher parole eligibility percentages. These provisions allow these higher percentages to be unaffected by the new eligibility percentages. Where a person is sentenced to the term of imprisonment for a higher class than the one for which they were found guilty due to their status as a prior or persistent offender, they shall serve the parole eligibility percentage of the higher class.

Any person found guilty of a dangerous felony shall be required to serve eighty-five percent of the given sentence prior to parole eligibility. This act provides that a sentence of life imprisonment shall be calculated to be thirty years. Any sentence that is over seventy-five years shall be calculated to be seventy-five years.

This act provides that whether a person is given a concurrent or consecutive sentence, they must serve the minimum percentage for each felony prior to parole eligibility.

Sections 558.011 and 558.019 have a delayed effective date of January 1, 2028.

JAIL TIME CREDIT (SECTION 558.031)
This act modifies jail time credit. This act requires the form developed by the Office of the State Courts Administrator for offenders committed to the Department of Corrections to include a sentencing calculation, including jail time credit supplemented by a certificate of a sheriff or custodial officer. The act further requires the court, when pronouncing a sentence, executing a suspended sentence, or suspending the imposition of a sentence, to record as part of the judgment, the number of days before the pronouncement of the sentence that the person was in custody related to the offense. Time in custody related to an offense means the time in which the offense was charged in a criminal proceeding, and an arrest warrant was issued and served upon the person. Time when a person was out on bond or otherwise released is not to be included.

Under this act, the court may take judicial notice of any time the defendant has served in custody by comparing arrest warrant service dates with files of release. Any defendant that was held in a juvenile detention facility prior to adjudication to stand trial as an adult may make a motion to receive credit for time served in such facility.

This act provides that the court shall retain jurisdiction to rule on any motion challenging the number of days of jail time credit that was awarded.

This provision has a delayed effective date of January 1, 2028.

CRIMINAL OFFENSES (SECTIONS 557.021, 566.030, 566.032, 566.060, 566.103, 566.203 & 589.425)
Under current law, any felony offense that is defined outside of this code without a penalty provision is a class E felony. This act adds that any such offense shall also be subject to the imprisonment terms of chapter 558.

Currently, the offense of rape in the first degree has a penalty of five years unless certain factors are present. This act modifies this provision by classifying it as a class A felony and increasing the penalty to ten years but not more than thirty years. Under current law if rape in the first degree is an aggravated sexual offense the authorized term of imprisonment is life imprisonment or a term of years not less than fifteen years. This act removes "a term of years not less than fifteen years" and add "life imprisonment without eligibility for probation or parole." Under current law, a person that was found guilty of rape in the first degree when the child was less than twelve years old, was not eligible for probation or parole until the offender has served at lease thirty years of their sentence or has reached the age of seventy-five years and served at least fifteen years of their sentence. This act repeals this provision.

The authorized term of imprisonment for statutory rape in the first degree, under current law, is life imprisonment or a term of years not less than five years. This act replaces five years with ten years. Under certain circumstances, the act increases the penalty from ten years to fifteen years.

Under current law, a person that is found guilty of sodomy in the first degree when the child was less than twelve years old shall be sentenced to life imprisonment and is not eligible for probation or parole until the offender has served at least thirty years of their sentence or has reached the age of seventy-five years and served at least fifteen years of their sentence. The provision relating to release is repealed. Under this act, the penalty for sodomy in the first degree when the child was less than twelve years old is life imprisonment with or without parole. Where a person commits the offense of sodomy in the first degree and the victim is less than twelve years of age, current law states that "life imprisonment" shall mean imprisonment for the duration of the offender's life. This provision is repealed.

The offense of promoting online sexual solicitation shall be a class E felony, and shall be punishable by imprisonment, fine, or both.

Under current law, the offense of abusing an individual through forced labor carries a penalty of five years to life imprisonment. This act increases the penalty to ten years to life imprisonment.

These provisions add "intoxicating or inhibiting substances" to the list of means a person can use to commit the offense of trafficking for the purposes of sexual exploitation.

Under current law, the offense of sexual trafficking of a child in the second degree if effected by force, abduction, or coercion, carries a penalty of life imprisonment without eligibility for parole until the defendant has served at least twenty-five years. This act modifies that provision by requiring that the defendant serve at least eighty-five percent of a life sentence.

Currently, the offense of abuse or neglect of a child is a class D felony with eligibility for probation, parole, or conditional release after serving no less than a year of their sentence. This act repeals the provision allowing for release from imprisonment.

This act classifies failing to register a sex offender as a third offense as a class A felony. Currently, a person convicted of failing to register a sex offender as a third offense is eligible for conditional release of parole after serving at least two years of imprisonment. This act repeals that provision.

This act is similar to HCS/HB 2637 & 3155 (2026).
TRISTAN BENSON, JR.

Introduced

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SB 882 - This act modifies the definition of "dangerous felony" to include statutory rape in the first degree and statutory sodomy in the first degree, regardless of the age of victim. Additionally, the act includes the following offenses in the definition of "dangerous felony":
• Abuse through forced labor, when death results or when there is an attempt to kill or it involves kidnapping or certain sexual abuse;
• Trafficking for the purposes of slavery, involuntary servitude, peonage, or forced labor, or the attempt of such offense, when death results or when there is an attempt to kill or it involves kidnapping or certain sexual abuse;
• Trafficking for the purposes of sexual exploitation, or the attempt of such offense, when the offense was effected by force, abduction, or coercion;
• Sexual trafficking of a child in the first degree;
• Sexual trafficking of a child in the second degree; and
• Third offense of failing to register as a sex offender.
(Section 556.061)

This act also modifies jail time credit. This act requires the form developed by the Office of the State Courts Administrator for offenders committed to the Department of Corrections to include a sentencing calculation, including jail time credit supplemented by a certificate of a sheriff or custodial officer. The act further requires the court, when pronouncing as sentence, executing a suspended sentence, or suspending the imposition of a sentence, to record as part of the judgment, the number of days before the pronouncement of the sentence that the person was in prison, jail, or custody which was related to the offense. The court shall retain jurisdiction to rule on motions challenging the number of days of jail time credit (Sections 217.305 and 558.031)

This act repeals the provisions requiring minimum prison terms for certain offenses and provides that offenders shall serve the following minimum percentage of the imposed term based upon the felony classification as follows:
• Class A: 60% to 80%
• Class B: 40% to 60%
• Class C: 30% to 50%
• Class D: 17% to 37%
• Class E: 17% to 37%

Current law provides that offenders guilty of a dangerous felony shall be required to serve a minimum prison term of 85% of the sentence imposed by the court or until the offender attains 70 years of age and has served at least 40% of the sentence imposed. This act repeals the 40% minimum prison term for offenders of dangerous felonies who have attained the age of 70. In cases where the sentencing court does not impose a specific term of imprisonment required to be served, the minimum percentage of the range associated with the felony class shall be the required percentage of the term to be served. Additionally, this act repeals provisions relating to conditional release by the Parole Board. (Sections 558.011 and 558.019)

For consecutive sentences, the sentencing court shall calculate the minimum percentage of term by taking half the term of years for each felony offense and adding the half number together to determine the total number of years required to be served prior to parole eligibility. For concurrent sentences, the offender shall be required to serve the minimum prison term for each offense. (Section 558.026)

This act contains provisions identical to provisions in SB 894 (2026) and in SB 1294 (2026).
TRISTAN BENSON, JR.