| 1 | 1 | | |
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| 2 | 2 | | EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted |
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| 3 | 3 | | and is intended to be omitted in the law. |
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| 4 | 4 | | FIRST REGULAR SESSION |
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| 5 | 5 | | SENATE BILL NO. 251 |
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| 6 | 6 | | 103RD GENERAL ASSEMBLY |
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| 7 | 7 | | INTRODUCED BY SENATOR MOON. |
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| 8 | 8 | | 1111S.01I KRISTINA MARTIN, Secretary |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | To repeal section 558.019, RSMo, and to enact in lieu thereof one new section relating to minimum |
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| 11 | 11 | | prison terms. |
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| 12 | 12 | | |
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| 13 | 13 | | Be it enacted by the General Assembly of the State of Missouri, as follows: |
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| 14 | 14 | | Section A. Section 558.019, RSMo, is repealed and one new 1 |
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| 15 | 15 | | section enacted in lieu thereof, to be known as section 558.019, 2 |
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| 16 | 16 | | to read as follows:3 |
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| 17 | 17 | | 558.019. 1. This section shall not be construed to 1 |
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| 18 | 18 | | affect the powers of the governor under Article IV, Section 2 |
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| 19 | 19 | | 7, of the Missouri Constitution. This statute shall not 3 |
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| 20 | 20 | | affect those provisions of section 565.020 or section 4 |
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| 21 | 21 | | 566.125, which set minimum terms of sentences, or the 5 |
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| 22 | 22 | | provisions of section 559.115, relating to probation. 6 |
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| 23 | 23 | | 2. The provisions of subsections 2 to 5 of this 7 |
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| 24 | 24 | | section shall only be applicable to the offenses contained 8 |
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| 25 | 25 | | in sections 565.021, 565.023, 565.024, 565.027, 565.050, 9 |
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| 26 | 26 | | 565.052, 565.054, 565.072, 565.07 3, 565.074, 565.090, 10 |
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| 27 | 27 | | 565.110, 565.115, 565.120, 565.153, 565.156, 565.225, 11 |
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| 28 | 28 | | 565.300, 566.030, 566.031, 566.032, 566.034, 566.060, 12 |
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| 29 | 29 | | 566.061, 566.062, 566.064, 566.067, 566.068, 566.069, 13 |
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| 30 | 30 | | 566.071, 566.083, 566.086, 566.100, 566.101, 566.103, 14 |
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| 31 | 31 | | 566.111, 566.115, 566.145, 566.151, 566.153, 566.203, 15 |
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| 32 | 32 | | 566.206, 566.209, 566.210, 566.211, 566.215, 568.030, 16 |
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| 33 | 33 | | 568.045, 568.060, 568.065, 568.175, 569.040, 569.160, 17 |
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| 34 | 34 | | 570.023, 570.025, 570.030 when punished as a class A, B, or 18 SB 251 2 |
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| 35 | 35 | | C felony, 570.145 when punished as a class A or B felony, 19 |
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| 36 | 36 | | 570.223 when punished as a class B or C felony, 571.020, 20 |
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| 37 | 37 | | 571.030, 571.070, 573.023, 573.025, 573.035, 573.037, 21 |
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| 38 | 38 | | 573.200, 573.205, 574.070, 574.080, 574.115, 575.030, 22 |
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| 39 | 39 | | 575.150, 575.153, 575.155, 575.157, 575.200 when punished as 23 |
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| 40 | 40 | | a class A felony, 575.210, 575.230 when punished as a class 24 |
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| 41 | 41 | | B felony, 575.240 when punished as a class B felony, 25 |
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| 42 | 42 | | 576.070, 576.080, 577.010, 577.013, 577.078, 577.703, 26 |
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| 43 | 43 | | 577.706, 579.065, and 579.068 when punished as a class A or 27 |
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| 44 | 44 | | B felony. For the purposes of this section, "prison 28 |
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| 45 | 45 | | commitment" means and is the receipt by the department of 29 |
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| 46 | 46 | | corrections of an offender after sentencing. For purposes 30 |
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| 47 | 47 | | of this section, prior prison commitments to the department 31 |
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| 48 | 48 | | of corrections shall not include an offender's first 32 |
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| 49 | 49 | | incarceration prior to release on probation under section 33 |
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| 50 | 50 | | 217.362 or 559.115. Other provisions of the law to the 34 |
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| 51 | 51 | | contrary notwithstanding, any offender who has been found 35 |
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| 52 | 52 | | guilty of a felony other than a dangerous felony as defined 36 |
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| 53 | 53 | | in section 556.061 and i s committed to the department of 37 |
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| 54 | 54 | | corrections shall be required to serve the following minimum 38 |
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| 55 | 55 | | prison terms: 39 |
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| 56 | 56 | | (1) If the offender has one previous prison commitment 40 |
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| 57 | 57 | | to the department of corrections for a felony offense, the 41 |
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| 58 | 58 | | minimum prison term whic h the offender must serve shall be 42 |
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| 59 | 59 | | [forty] sixty percent of his or her sentence or until the 43 |
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| 60 | 60 | | offender attains seventy years of age, and has served at 44 |
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| 61 | 61 | | least thirty percent of the sentence imposed, whichever 45 |
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| 62 | 62 | | occurs first, and the term of conditional rele ase from 46 |
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| 63 | 63 | | prison or the parole term shall end no earlier than the last 47 |
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| 64 | 64 | | day of the entire sentence ; 48 |
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| 65 | 65 | | (2) If the offender has two previous prison 49 |
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| 66 | 66 | | commitments to the department of corrections for felonies 50 SB 251 3 |
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| 67 | 67 | | unrelated to the present offense, the minimum prison term 51 |
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| 68 | 68 | | which the offender must serve shall be [fifty] ninety 52 |
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| 69 | 69 | | percent of his or her sentence or until the offender attains 53 |
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| 70 | 70 | | seventy years of age, and has served at least forty percent 54 |
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| 71 | 71 | | of the sentence imposed, whichever occurs first , and the 55 |
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| 72 | 72 | | term of conditional release from prison or the parole term 56 |
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| 73 | 73 | | shall end no earlier than the last day of the entire 57 |
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| 74 | 74 | | sentence; 58 |
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| 75 | 75 | | (3) If the offender has three or more previous prison 59 |
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| 76 | 76 | | commitments to the department of corrections for felonies 60 |
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| 77 | 77 | | unrelated to the present offense, the minimum prison term 61 |
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| 78 | 78 | | which the offender must serve shall be [eighty] one hundred 62 |
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| 79 | 79 | | percent of his or her sentence [or until the offender 63 |
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| 80 | 80 | | attains seventy years of age, and has served at least forty 64 |
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| 81 | 81 | | percent of the sentence imposed, whiche ver occurs first], 65 |
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| 82 | 82 | | and shall not be eligible for parole or conditional release . 66 |
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| 83 | 83 | | 3. Other provisions of the law to the contrary 67 |
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| 84 | 84 | | notwithstanding, any offender who has been found guilty of a 68 |
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| 85 | 85 | | dangerous felony as defined in section 556.061 and is 69 |
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| 86 | 86 | | committed to the department of corrections shall be required 70 |
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| 87 | 87 | | to serve a minimum prison term of [eighty-five] one hundred 71 |
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| 88 | 88 | | percent of the sentence imposed by the court [or until the 72 |
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| 89 | 89 | | offender attains seventy years of age, and has served at 73 |
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| 90 | 90 | | least forty percent of the sentence imposed, whichever 74 |
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| 91 | 91 | | occurs first], and shall not be eligible for parole or 75 |
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| 92 | 92 | | conditional release. 76 |
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| 93 | 93 | | 4. For the purpose of determining the minimum prison 77 |
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| 94 | 94 | | term to be served, the following calculations shall apply: 78 |
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| 95 | 95 | | (1) A sentence of life shall be calculated to be 79 |
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| 96 | 96 | | thirty years; 80 |
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| 97 | 97 | | (2) Any sentence either alone or in the aggregate with 81 |
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| 98 | 98 | | other consecutive sentences for offenses committed at or 82 SB 251 4 |
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| 99 | 99 | | near the same time which is over seventy -five years shall be 83 |
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| 100 | 100 | | calculated to be seventy -five years. 84 |
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| 101 | 101 | | 5. For purposes of this section, the term "minimum 85 |
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| 102 | 102 | | prison term" shall mean time required to be served by the 86 |
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| 103 | 103 | | offender before he or she is eligible for parole, 87 |
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| 104 | 104 | | conditional release or other early release by the department 88 |
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| 105 | 105 | | of corrections. 89 |
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| 106 | 106 | | 6. An offender who was convicted of, or pled guilty 90 |
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| 107 | 107 | | to, a felony offense other than those offenses listed in 91 |
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| 108 | 108 | | subsection 2 of this section prior to August 28, 2019, shall 92 |
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| 109 | 109 | | no longer be subject to the minimum prison term provisions 93 |
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| 110 | 110 | | under subsection 2 of this section, and shall be eligible 94 |
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| 111 | 111 | | for parole, conditional release, or other early release by 95 |
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| 112 | 112 | | the department of corrections according to the rules and 96 |
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| 113 | 113 | | regulations of the department. 97 |
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| 114 | 114 | | 7. (1) A sentencing advisory commission is hereby 98 |
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| 115 | 115 | | created to consist of eleven members. One member shall be 99 |
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| 116 | 116 | | appointed by the speaker of the house. One member shall be 100 |
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| 117 | 117 | | appointed by the president pro tem of the senate. One 101 |
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| 118 | 118 | | member shall be the director of the department of 102 |
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| 119 | 119 | | corrections. Six members shall be appointed by and serve at 103 |
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| 120 | 120 | | the pleasure of the governor from among the following: the 104 |
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| 121 | 121 | | public defender commission; private citizens; a private 105 |
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| 122 | 122 | | member of the Missouri Bar; the board of probation and 106 |
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| 123 | 123 | | parole; and a prosecutor. Two members shall be appoint ed by 107 |
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| 124 | 124 | | the supreme court, one from a metropolitan area and one from 108 |
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| 125 | 125 | | a rural area. All members shall be appointed to a four -year 109 |
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| 126 | 126 | | term. All members of the sentencing commission appointed 110 |
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| 127 | 127 | | prior to August 28, 1994, shall continue to serve on the 111 |
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| 128 | 128 | | sentencing advisory commission at the pleasure of the 112 |
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| 129 | 129 | | governor. 113 SB 251 5 |
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| 130 | 130 | | (2) The commission shall study sentencing practices in 114 |
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| 131 | 131 | | the circuit courts throughout the state for the purpose of 115 |
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| 132 | 132 | | determining whether and to what extent disparities exist 116 |
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| 133 | 133 | | among the various circuit courts with respect to the length 117 |
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| 134 | 134 | | of sentences imposed and the use of probation for offenders 118 |
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| 135 | 135 | | convicted of the same or similar offenses and with similar 119 |
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| 136 | 136 | | criminal histories. The commission shall also study and 120 |
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| 137 | 137 | | examine whether and to what extent sentencing disparity 121 |
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| 138 | 138 | | among economic and social classes exists in relation to the 122 |
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| 139 | 139 | | sentence of death and if so, the reasons therefor, if 123 |
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| 140 | 140 | | sentences are comparable to other states, if the length of 124 |
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| 141 | 141 | | the sentence is appropriate, and the rate of rehabilitatio n 125 |
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| 142 | 142 | | based on sentence. It shall compile statistics, examine 126 |
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| 143 | 143 | | cases, draw conclusions, and perform other duties relevant 127 |
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| 144 | 144 | | to the research and investigation of disparities in death 128 |
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| 145 | 145 | | penalty sentencing among economic and social classes. 129 |
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| 146 | 146 | | (3) The commission shall study alternative sentences, 130 |
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| 147 | 147 | | prison work programs, work release, home -based 131 |
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| 148 | 148 | | incarceration, probation and parole options, and any other 132 |
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| 149 | 149 | | programs and report the feasibility of these options in 133 |
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| 150 | 150 | | Missouri. 134 |
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| 151 | 151 | | (4) The governor shall select a chai rperson who shall 135 |
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| 152 | 152 | | call meetings of the commission as required or permitted 136 |
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| 153 | 153 | | pursuant to the purpose of the sentencing commission. 137 |
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| 154 | 154 | | (5) The members of the commission shall not receive 138 |
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| 155 | 155 | | compensation for their duties on the commission, but shall 139 |
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| 156 | 156 | | be reimbursed for actual and necessary expenses incurred in 140 |
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| 157 | 157 | | the performance of these duties and for which they are not 141 |
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| 158 | 158 | | reimbursed by reason of their other paid positions. 142 |
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| 159 | 159 | | (6) The circuit and associate circuit courts of this 143 |
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| 160 | 160 | | state, the office of the stat e courts administrator, the 144 |
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| 161 | 161 | | department of public safety, and the department of 145 SB 251 6 |
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| 162 | 162 | | corrections shall cooperate with the commission by providing 146 |
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| 163 | 163 | | information or access to information needed by the 147 |
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| 164 | 164 | | commission. The office of the state courts administrator 148 |
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| 165 | 165 | | will provide needed staffing resources. 149 |
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| 166 | 166 | | 8. Courts shall retain discretion to lower or exceed 150 |
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| 167 | 167 | | the sentence recommended by the commission as otherwise 151 |
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| 168 | 168 | | allowable by law, and to order restorative justice methods, 152 |
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| 169 | 169 | | when applicable. 153 |
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| 170 | 170 | | 9. If the imposition or execution of a sentence is 154 |
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| 171 | 171 | | suspended, the court may order any or all of the following 155 |
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| 172 | 172 | | restorative justice methods, or any other method that the 156 |
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| 173 | 173 | | court finds just or appropriate: 157 |
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| 174 | 174 | | (1) Restitution to any victim or a statutorily created 158 |
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| 175 | 175 | | fund for costs incurred as a result of the offender's 159 |
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| 176 | 176 | | actions; 160 |
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| 177 | 177 | | (2) Offender treatment programs; 161 |
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| 178 | 178 | | (3) Mandatory community service; 162 |
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| 179 | 179 | | (4) Work release programs in local facilities; and 163 |
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| 180 | 180 | | (5) Community-based residential and nonresidential 164 |
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| 181 | 181 | | programs. 165 |
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| 182 | 182 | | 10. Pursuant to subdivision (1) of subsection 9 of 166 |
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| 183 | 183 | | this section, the court may order the assessment and payment 167 |
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| 184 | 184 | | of a designated amount of restitution to a county law 168 |
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| 185 | 185 | | enforcement restitution fund established by the county 169 |
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| 186 | 186 | | commission pursuant t o section 50.565. Such contribution 170 |
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| 187 | 187 | | shall not exceed three hundred dollars for any charged 171 |
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| 188 | 188 | | offense. Any restitution moneys deposited into the county 172 |
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| 189 | 189 | | law enforcement restitution fund pursuant to this section 173 |
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| 190 | 190 | | shall only be expended pursuant to the prov isions of section 174 |
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| 191 | 191 | | 50.565. 175 |
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| 192 | 192 | | 11. A judge may order payment to a restitution fund 176 |
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| 193 | 193 | | only if such fund had been created by ordinance or 177 SB 251 7 |
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| 194 | 194 | | resolution of a county of the state of Missouri prior to 178 |
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| 195 | 195 | | sentencing. A judge shall not have any direct supervisory 179 |
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| 196 | 196 | | authority or administrative control over any fund to which 180 |
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| 197 | 197 | | the judge is ordering a person to make payment. 181 |
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| 198 | 198 | | 12. A person who fails to make a payment to a county 182 |
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| 199 | 199 | | law enforcement restitution fund may not have his or her 183 |
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| 200 | 200 | | probation revoked solely for f ailing to make such payment 184 |
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| 201 | 201 | | unless the judge, after evidentiary hearing, makes a finding 185 |
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| 202 | 202 | | supported by a preponderance of the evidence that the person 186 |
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| 203 | 203 | | either willfully refused to make the payment or that the 187 |
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| 204 | 204 | | person willfully, intentionally, and purposef ully failed to 188 |
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| 205 | 205 | | make sufficient bona fide efforts to acquire the resources 189 |
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| 206 | 206 | | to pay. 190 |
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| 207 | 207 | | 13. Nothing in this section shall be construed to 191 |
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| 208 | 208 | | allow the sentencing advisory commission to issue 192 |
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| 209 | 209 | | recommended sentences in specific cases pending in the 193 |
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| 210 | 210 | | courts of this state. 194 |
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| 211 | 211 | | |
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