Modifies provisions relating to criminal offenses, including minimum prison terms and conditional release
What changed between versions
The entire sentencing structure in section 558.011 was overhauled. The introduced version used a split-sentence model with separate prison and conditional release terms (e.g., one-third of the sentence as conditional release for terms of nine years or less). The committee substitute replaces this with a percentage-based system where the sentencing court determines the minimum percentage to serve before parole eligibility: 60-80% for class A felonies, 40-60% for class B, 30-50% for class C, and 17-37% for class D and E felonies.
Parole conditions were restructured to be risk-based. The committee substitute requires the parole board to minimize conditions on low-risk cases, frontload conditions upon release, and require modification and reduction of conditions as the person demonstrates continuing stability in the community. Parole officers may modify conditions with supervisor approval.
A new provision allows courts to order electronic monitoring for all or part of a confinement sentence, with costs charged to the offender. If the offender cannot afford it, the county commission may agree to pay; if neither can pay, the judge shall not order electronic monitoring.
The conditional release system was eliminated. The introduced version included detailed provisions for conditional release terms, their calculation, and the parole board's power to extend them. The committee substitute removes all of this, consolidating release authority under the parole board's parole decisions rather than a separate conditional release mechanism.
A new provision in section 217.690 allows offenders who were under 18 at the time of their offense and received sentences of 15 years or more to become eligible for parole after serving 15 years, with exceptions for capital murder, first-degree murder, and certain second-degree murders.
Victim rights at parole hearings were substantially expanded. Victims can now be accompanied by one other person, choose whether to testify in the inmate's presence or not, submit input by phone or mail instead of attending, request a personal meeting with a board member, and receive notice about the risk assessment process. Judges, prosecutors, and investigating law enforcement may also attend or provide information.
The dangerous felony definition in section 556.061 was revised. The introduced version included bracketed (to-be-omitted) language limiting statutory rape and statutory sodomy to cases where the victim was under 12. The committee substitute removes those age qualifiers, making all first-degree statutory rape and statutory sodomy dangerous felonies regardless of victim age.
The division of probation and parole was given authority to charge supervised offenders a fee of up to $60 per month, with fees deposited into the inmate fund. Collected fees may be used for community corrections services including substance abuse treatment, mental health services, electronic monitoring, residential facilities, and employment placement.