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Section A. Section 558.019, RSMo, is repealed and one new 1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