Modifies provisions relating to the administration of the criminal justice system
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SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 2397
99TH GENERAL ASSEMBLY
D. ADAM CRUMBLISS, Chief Clerk
To repeal sections 43.507, 217.010, 217.015, 217.030, 217.075, 217.655, 217.665, 217.670, 217.690, 217.703, 217.705, 217.720, 217.722, 217.735, 217.750, 217.755, 217.760, 217.762, 217.777, 217.810, 221.105, 589.303, 595.010, 595.015, 595.020, 595.025, 595.030, 595.035, 595.055, and 595.220, RSMo, and to enact in lieu thereof thirty-three new sections relating to administration of the criminal justice system.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 43.507, 217.010, 217.015, 217.030, 217.075, 217.655, 217.665, 217.670, 217.690, 217.703, 217.705, 217.720, 217.722, 217.735, 217.750, 217.755, 217.760, 217.762, 217.777, 217.810, 221.105, 589.303, 595.010, 595.015, 595.020, 595.025, 595.030, 595.035, 595.055, and 595.220, RSMo, are repealed and thirty-three new sections enacted in lieu thereof, to be known as sections 43.507, 217.010, 217.015, 217.021, 217.030, 217.075, 217.361, 217.655, 217.665, 217.670, 217.690, 217.703, 217.705, 217.720, 217.722, 217.735, 217.750, 217.755, 217.760, 217.762, 217.777, 217.810, 221.105, 595.010, 595.015, 595.020, 595.025, 595.030, 595.035, 595.055, 595.220, 610.250, and 650.035, to read as follows:
43.507. All criminal history information, in the possession or control of the central repository, except criminal intelligence and investigative information, may be made available to qualified persons and organizations for research, evaluative and statistical purposes under written agreements reasonably designed to ensure the security and confidentiality of the information and the protection of the privacy interests of the individuals who are subjects of the criminal history. [Prior to such information being made available, information that uniquely identifies the individual shall be deleted. Organizations receiving such criminal history information shall not reestablish the identity of the individual and associate it with the criminal history information being provided.]
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
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217.010. As used in this chapter and chapter 558, unless the context clearly indicates
(1) "Administrative segregation unit", a cell for the segregation of offenders from the
(8) "Division", a statutorily created agency within the department or an agency created
(2) "Board", the parole board [of probation and parole];
(3) "Chief administrative officer", the institutional head of any correctional facility or otherwise, the following terms shall mean: general population of a facility for relatively extensive periods of time; his designee; (4) "Correctional center", any premises or institution where incarceration, evaluation, care, treatment, or rehabilitation is provided to persons who are under the department's authority; (5) "Department", the department of corrections of the state of Missouri; (6) "Director", the director of the department of corrections or his designee; (7) "Disciplinary segregation", a cell for the segregation of offenders from the general population of a correctional center because the offender has been found to have committed a violation of a division or facility rule and other available means are inadequate to regulate the offender's behavior; by the departmental organizational plan; (9) "Division director", the director of a division of the department or his designee; (10) "Local volunteer community board", a board of qualified local community volunteers selected by the court for the purpose of working in partnership with the court and the department of corrections in a reparative probation program; (11) "Nonviolent offender", any offender who is convicted of a crime other than murder in the first or second degree, involuntary manslaughter, involuntary manslaughter in the first or second degree, kidnapping, kidnapping in the first degree, rape in the first degree, forcible rape, sodomy in the first degree, forcible sodomy, robbery in the first degree or assault in the first degree; department; (13) "Probation", a procedure under which a defendant found guilty of a crime upon verdict or plea is released by the court without imprisonment, subject to conditions imposed by the court and subject to the supervision of the board; the department or its divisions with no monetary or material compensation.
(12) "Offender", a person under supervision or an inmate in the custody of the
(14) "Volunteer", any person who, of his own free will, performs any assigned duties for
217.015. 1. The department shall supervise and manage all correctional centers, and probation and parole of the state of Missouri. 2. The department shall be composed of the parole board and the following divisions:
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(1) The division of human services; (2) The division of adult institutions; (3) The [board] division of probation and parole; and
(4) The division of offender rehabilitative services. 3. Each division may be subdivided by the director into such sections, bureaus, or offices as is necessary to carry out the duties assigned by law. 4. The department shall operate a women offender program to be supervised by a director of women's programs. The purpose of the women offender program shall be to ensure that female offenders are provided a continuum of gender-responsive and trauma-informed supervision strategies and program services reflecting best practices for female probationers, prisoners and parolees in areas including, but not limited to, classification, diagnostic processes, facilities, medical and mental health care, child custody, and visitation. 5. There shall be an advisory committee under the direction of the director of women's programs. The members of the committee shall include the director of the office on women's health, the director of the department of mental health or a designee, and four others appointed by the director of the department of corrections. The committee shall address the needs of women in the criminal justice system as they are affected by the changes in their community, family concerns, the judicial system and the organization and available resources of the department of corrections.
217.021. 1. The department shall establish and implement a community behavioral health program to provide comprehensive community-based services for individuals under the supervision of the department who have serious behavioral health conditions. behavioral health condition severity; transition to post-program services to decrease recidivism; and processes that shall include: department of mental health; requested.
(b) Provider performance and outcome metrics; and (c) Reports to the legislature and the governor on the status of the program as
(3) Establish discharge criteria and processes, with a goal of establishing a seamless
(4) Develop multidisciplinary program oversight, auditing, and evaluation
(a) Oversight authority of program case management services through the
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(1) Contract for and pay behavioral health service providers under the program; (2) Supervise, support, and monitor referral caseloads and the provision of services corrections: by contract behavioral health service providers; (3) Require that contract behavioral health service providers: (a) Accept all eligible referrals, provide individualized care delivered through integrated multidisciplinary care teams, and continue services on an ongoing basis until established discharge criteria are met; (b) Accept reimbursement on a per-month, per-referral basis and ensure that the payment schedule is based on a pay-for-performance model that includes consideration of identified outcomes and the level of services required; and (c) Bill third parties for services.
(c) Bill third parties for services. 217.030. The director shall appoint the directors of the divisions of the department, except the chairman of the parole board [of probation and parole] , who shall be appointed by the governor [and who shall serve as the director of the division of probation and parole]. Division directors shall serve at the pleasure of the director, except the chairman of the parole board [of probation and parole] , who shall serve in the capacity of chairman at the pleasure of the governor. The director of the department shall be the appointing authority under chapter 36 to employ such administrative, technical, and other personnel who may be assigned to the department generally rather than to any of the department divisions or facilities and whose employment is necessary for the performance of the powers and duties of the department.
(1) Any information, report, record or other document pertaining to an offender's
(2) Any information, report, record, or other document in the control of the department
217.075. 1. All offender records compiled, obtained, prepared, or maintained by the department or its divisions shall be designated public records within the meaning of chapter 610 except: personal medical history, which shall be a closed record; or its divisions authorized by federal or state law to be a closed record; (3) Any internal administrative report or document relating to institutional security. 2. The court of jurisdiction, or the department, may at their discretion permit the inspection of the department reports or parts of such reports by the offender, whenever the court or department determines that such inspection is in the best interest or welfare of the offender. 3. [The] Department records may [permit inspection of its files by] be automated and made available to: (1) Treatment agencies working with the department in the treatment of the offender;
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(2) Law enforcement agencies; or (3) Qualified persons and organizations for research, evaluative, and statistical purposes under written agreements reasonably designed to ensure the security and confidentiality of the information and the protection of the privacy interests of the individuals who are subjects of the records. 4. No department employee shall have access to any material closed by this section unless such access is necessary for the employee to carry out his or her duties. The department by rule shall determine what department employees or other persons shall have access to closed records and the procedures needed to maintain the confidentiality of such closed records. 5. No person, association, firm, corporation, or other agency shall knowingly solicit, disclose, receive, publish, make use of, authorize, permit, participate in, or acquiesce in the use of any name or lists of names for commercial or political purposes of any nature in violation of this section. 6. All health care providers and hospitals who have cared for offenders during the period of the offender's incarceration shall provide a copy of all medical records in their possession related to such offender upon demand from the department's health care administrator. The department shall provide reasonable compensation for the cost of such copies and no health care provider shall be liable for breach of confidentiality when acting pursuant to this subsection. 7. Copies of all papers, documents, or records compiled, obtained, prepared, or maintained by the department or its divisions, properly certified by the appropriate division, shall be admissible as evidence in all courts and in all administrative tribunals in the same manner and with like effect as the originals, whenever the papers, documents, or records are either designated by the department of corrections as public records within the meaning of chapter 610 or are declared admissible as evidence by a court of competent jurisdiction or administrative tribunal of competent jurisdiction. a class A misdemeanor.
217.361. 1. The department shall adopt streamlined, validated risk and need assessment tools for men and women and review the tools and scoring cutoffs every five years for predictive validity across gender and racial groups. department shall develop procedures to promote the use of: access to programs; (2) Consistent criteria for admission into programs; and
(1) Risk and need assessment and appropriate risk and need levels to prioritize
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(3) Recidivism measurement by risk and need level as part of assessing the
For department staff in institutional and community settings, the department
For offenders under supervision, the department shall: (1) Implement evidence-based cognitive-behavioral programs; (2) Adopt behavior response policy guiding sanction and incentive responses; and (3) Adopt policy for readministration of risk and need assessment tools to guide effectiveness of programs. case management practices and supervision level. shall: (1) Require periodic training on how to complete risk and need assessment tools and apply the results in making decisions affecting client interactions and program placements; and adopt a protocol to collect data on quality assurance. outcomes.
The department shall adopt performance metrics to report on supervision
(2) Provide training on how to maximize client interactions and use of case plans;
(3) Measure staff performance against best practices. 5. For community-based mental health treatment programs, the department shall
217.655. 1. The parole board [of probation and parole] shall be responsible for determining whether a person confined in the department shall be paroled or released conditionally as provided by section 558.011. The board shall receive administrative support from the division of probation and parole. The division of probation and parole shall provide supervision to all persons referred by the circuit courts of the state as provided by sections 217.750 and 217.760. The board shall exercise independence in making decisions about individual cases but operate cooperatively within the department and with other agencies, officials, courts, and stakeholders to achieve systemic improvement including the requirements of this section. 2. The board shall adopt parole guidelines to: (1) Preserve finite prison capacity for the most serious and violent offenders; (2) Release supervision-manageable cases consistent with section 217.690; (3) Use finite resources guided by validated risk and needs assessments; (4) Support a seamless reentry process; (5) Set appropriate conditions of supervision; and (6) Develop effective strategies for responding to violation behaviors.
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The board shall publish parole data, including grant rates, revocation and recidivism rates, length of time served, and successful supervision completions, and other performance metrics. communication skills. necessary to carry out its responsibilities consistent with its goals and statutory obligations.
The [board] division of probation and parole shall provide such programs as
The board shall provide for appropriate training to members and staff, including
217.665. 1. Beginning August 28, 1996, the parole board [of probation and parole] shall consist of seven members appointed by the governor by and with the advice and consent of the senate. 2. Beginning August 28, 1996, members of the board shall be persons of recognized integrity and honor, known to possess education and ability in decision making through career experience and other qualifications for the successful performance of their official duties. Not more than four members of the board shall be of the same political party. 3. At the expiration of the term of each member and of each succeeding member, the governor shall appoint a successor who shall hold office for a term of six years and until his successor has been appointed and qualified. Members may be appointed to succeed themselves. 4. Vacancies occurring in the office of any member shall be filled by appointment by the governor for the unexpired term. 5. The governor shall designate one member of the board as chairman and one member as vice chairman. The chairman shall [be the director of the division and shall have charge of the division's operations, funds and expenditures] establish the duties and responsibilities of the members of the board and supervise their performance and may require reports from any member as to his or her conduct and exercise of duties. In the event of the chairman's removal, death, resignation, or inability to serve, the vice chairman shall act as chairman upon written order of the governor or chairman. 6. Members of the board shall devote full time to the duties of their office and before taking office shall subscribe to an oath or affirmation to support the Constitution of the United States and the Constitution of the State of Missouri. The oath shall be signed in the office of the secretary of state.
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217.670. 1. The board shall adopt an official seal of which the courts shall take official notice. 2. Decisions of the board regarding granting of paroles, extensions of a conditional release date or revocations of a parole or conditional release shall be by a majority vote of the hearing panel members. The hearing panel shall consist of one member of the board and two hearing officers appointed by the board. A member of the board may remove the case from the jurisdiction of the hearing panel and refer it to the full board for a decision. Within thirty days of entry of the decision of the hearing panel to deny parole or to revoke a parole or conditional release, the offender may appeal the decision of the hearing panel to the board. The board shall consider the appeal within thirty days of receipt of the appeal. The decision of the board shall be by majority vote of the board members and shall be final. of sections 217.650 to 217.810 or any rules promulgated pursuant to such section. its decisions relating to persons who are or have been confined in such correctional center. 5. Notwithstanding any other provision of law, any meeting, record, or vote, of proceedings involving probation, parole, or pardon, may be a closed meeting, closed record, or closed vote.
The orders of the board shall not be reviewable except as to compliance with the terms
The board shall keep a record of its acts and shall notify each correctional center of
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217.690. 1. [When in its opinion there is reasonable probability that an offender of a correctional center can be released without detriment to the community or to himself, the board may in its discretion release or parole such person except as otherwise prohibited by law.] All releases or paroles shall issue upon order of the board, duly adopted. 2. Before ordering the parole of any offender, the board shall conduct a validated risk and needs assessment and evaluate the case under the rules governing parole that are promulgated by the board. The board shall then have the offender appear before a hearing panel and shall conduct a personal interview with him or her, unless waived by the offender, or if the guidelines indicate the offender may be paroled without need for an interview. A parole hearing shall be held if there is a request by a victim or prosecuting attorney. The appearance or presence may occur by means of a videoconference at the discretion of the board. A parole [shall] may be ordered [only for the best interest of society] when there is a reasonable probability, based on the risk assessment and indicators of release readiness, that the person can be supervised under parole supervision and successfully reintegrated into the community, not as an award of clemency; it shall not be considered a reduction of sentence or a pardon. [An offender shall be placed on parole only when the board believes that he is able and willing to fulfill the obligations of a law-abiding citizen.] Parole shall not be denied simply in order to increase the punishment beyond the minimum prison term. Every offender while on parole shall remain in the legal custody of the department but shall be subject to the orders of the board. 3. The [board] division of probation and parole has discretionary authority to require the payment of a fee, not to exceed sixty dollars per month, from every offender placed under [board] division supervision on probation, parole, or conditional release, to waive all or part of any fee, to sanction offenders for willful nonpayment of fees, and to contract with a private entity for fee collections services. All fees collected shall be deposited in the inmate fund established in section 217.430. Fees collected may be used to pay the costs of contracted collections services. The fees collected may otherwise be used to provide community corrections and
HCS HB 2397 intervention services for offenders. Such services include substance abuse assessment and treatment, mental health assessment and treatment, electronic monitoring services, residential facilities services, employment placement services, and other offender community corrections or intervention services designated by the [board] division of probation and parole to assist offenders to successfully complete probation, parole, or conditional release. The board shall adopt rules not inconsistent with law, in accordance with section 217.040, with respect to sanctioning offenders and with respect to establishing, waiving, collecting, and using fees. 4. The board shall adopt rules not inconsistent with law, in accordance with section 217.040, with respect to the eligibility of offenders for parole, the conduct of parole hearings or conditions to be imposed upon paroled offenders. Whenever an order for parole is issued it shall recite the conditions of such parole. 5. When considering parole for an offender with consecutive sentences, the minimum term for eligibility for parole shall be calculated by adding the minimum terms for parole eligibility for each of the consecutive sentences, except the minimum term for parole eligibility shall not exceed the minimum term for parole eligibility for an ordinary life sentence. 6. Any offender under a sentence for first degree murder who has been denied release on parole after a parole hearing shall not be eligible for another parole hearing until at least three years from the month of the parole denial; however, this subsection shall not prevent a release pursuant to subsection 4 of section 558.011. 7. A victim who has requested an opportunity to be heard shall receive notice that the board is conducting an assessment of the offender's risk and readiness for release and that the victim's input will be particularly helpful when it pertains to safety concerns and specific protective measures that may be beneficial to the victim should the offender be granted release. accompanied by one other person; (2) The victim or person representing the victim who attends a hearing shall have the option of giving testimony in the presence of the inmate or to the hearing panel without the inmate being present; than attend the hearing; board member at the board's central office;
(3) The victim or person representing the victim may call or write the parole board rather
(4) The victim or person representing the victim may have a personal meeting with a
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[8.] 9. The board shall notify any person of the results of a parole eligibility hearing if
(5) The judge, prosecuting attorney or circuit attorney and a representative of the local law enforcement agency investigating the crime shall be allowed to attend the hearing or provide information to the hearing panel in regard to the parole consideration; and (6) The board shall evaluate information listed in the juvenile sex offender registry pursuant to section 211.425, provided the offender is between the ages of seventeen and twenty-one, as it impacts the safety of the community. the person indicates to the board a desire to be notified. [9.] 10. The board may, at its discretion, require any offender seeking parole to meet certain conditions during the term of that parole so long as said conditions are not illegal or impossible for the offender to perform. These conditions may include an amount of restitution to the state for the cost of that offender's incarceration. 11. Special parole conditions shall be responsive to the assessed risk and needs of the offender or the need for extraordinary supervision, such as electronic monitoring. The board shall adopt rules to minimize the conditions placed on low risk cases, to frontload conditions upon release, and to require the modification and reduction of conditions based on the person's continuing stability in the community. Board rules shall permit parole conditions to be modified by parole officers with review and approval by supervisors. an offender on parole nor to reduce the sentence of an offender heretofore committed. [11. Beginning January 1, 2001, the board shall not order a parole unless the offender has obtained a high school diploma or its equivalent, or unless the board is satisfied that the offender, while committed to the custody of the department, has made an honest good-faith effort to obtain a high school diploma or its equivalent; provided that the director may waive this requirement by certifying in writing to the board that the offender has actively participated in mandatory education programs or is academically unable to obtain a high school diploma or its equivalent.
12.] 13. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2005, shall be invalid and void.
[10.] 12. Nothing contained in this section shall be construed to require the release of
217.703. 1. The division of probation and parole shall award earned compliance credits to any offender who is:
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(1) Not subject to lifetime supervision under sections 217.735 and 559.106 or otherwise
(3) Supervised by the [board] division of probation and parole; and
(4) In compliance with the conditions of supervision imposed by the sentencing court found to be ineligible to earn credits by a court pursuant to subsection 2 of this section; (2) On probation, parole, or conditional release for an offense listed in chapter 579, or an offense previously listed in chapter 195, or for a class D or E felony, excluding [the offenses of stalking in the first degree, rape in the second degree, sexual assault, sodomy in the second degree] sections 565.225, 566.031, 566.061, 566.093, 568.020, 568.060, offenses defined as "sexual assault" under section 589.015, deviate sexual assault, assault in the second degree under subdivision (2) of subsection 1 of section 565.052, [sexual misconduct involving a child,] endangering the welfare of a child in the first degree under subdivision (2) of subsection 1 of section 568.045, [incest, invasion of privacy, abuse of a child,] and any offense of aggravated stalking or assault in the second degree under subdivision (2) of subsection 1 of section 565.060 as such offenses existed prior to January 1, 2017; or board. of: 565.052 or section 565.060 as it existed prior to January 1, 2017; enforcement officer in the second degree as it existed prior to January 1, 2017; subsection 1 of section 568.045; or 571; the sentencing court may, upon its own motion or a motion of the prosecuting or circuit attorney, make a finding that the offender is ineligible to earn compliance credits because the nature and circumstances of the offense or the history and character of the offender indicate that a longer term of probation, parole, or conditional release is necessary for the protection of the public or the guidance of the offender. The motion may be made any time prior to the first month in which the person may earn compliance credits under this section or at a hearing under subsection 5
(5) Statutory rape in the second degree; (6) Statutory sodomy in the second degree; (7) Endangering the welfare of a child in the first degree under subdivision (1) of
(1) Involuntary manslaughter in the second degree; (2) Assault in the second degree except under subdivision (2) of subsection 1 of section
(3) Domestic assault in the second degree; (4) Assault in the third degree when the victim is a special victim or assault of a law
(8) Any case in which the defendant is found guilty of a felony offense under chapter
HCS HB 2397 of this section. The offender's ability to earn credits shall be suspended until the court or board makes its finding. If the court or board finds that the offender is eligible for earned compliance credits, the credits shall begin to accrue on the first day of the next calendar month following the issuance of the decision. 3. Earned compliance credits shall reduce the term of probation, parole, or conditional release by thirty days for each full calendar month of compliance with the terms of supervision. Credits shall begin to accrue for eligible offenders after the first full calendar month of supervision or on October 1, 2012, if the offender began a term of probation, parole, or conditional release before September 1, 2012. 4. For the purposes of this section, the term "compliance" shall mean the absence of an initial violation report or notice of citation submitted by a probation or parole officer during a calendar month, or a motion to revoke or motion to suspend filed by a prosecuting or circuit attorney, against the offender. 5. Credits shall not accrue during any calendar month in which a violation report, which may include a report of absconder status, has been submitted, the offender is in custody, or a motion to revoke or motion to suspend has been filed, and shall be suspended pending the outcome of a hearing, if a hearing is held. If no hearing is held, or if a hearing is held and the offender is continued under supervision, or the court or board finds that the violation did not occur, then the offender shall be deemed to be in compliance and shall begin earning credits on the first day of the next calendar month following the month in which the report was submitted or the motion was filed. If a hearing is held, all earned credits shall be rescinded if: (1) The court or board revokes the probation or parole or the court places the offender in a department program under subsection 4 of section 559.036 or under section 217.785; or (2) The offender is found by the court or board to be ineligible to earn compliance credits because the nature and circumstances of the violation indicate that a longer term of probation, parole, or conditional release is necessary for the protection of the public or the guidance of the offender. Earned credits, if not rescinded, shall continue to be suspended for a period of time during which the court or board has suspended the term of probation, parole, or release, and shall begin to accrue on the first day of the next calendar month following the lifting of the suspension. 6. Offenders who are deemed by the division to be absconders shall not earn credits. For purposes of this subsection, "absconder" shall mean an offender under supervision whose whereabouts are unknown and who has left such offender's place of residency without the permission of the offender's supervising officer and without notifying of their whereabouts
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217.705. 1. The [chairman] director of the division of probation and parole shall appoint probation and parole officers and institutional parole officers as deemed necessary to carry out the purposes of the board. 2. Probation and parole officers shall investigate all persons referred to them for investigation by the board or by any court as provided by sections 217.750 and 217.760. They shall furnish to each offender released under their supervision a written statement of the conditions of probation, parole or conditional release and shall instruct the offender regarding these conditions. They shall keep informed of the offender's conduct and condition and use all suitable methods to aid and encourage the offender to bring about improvement in the offender's conduct and conditions.
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217.720. 1. At any time during release on parole or conditional release the [board] division of probation and parole may issue a warrant for the arrest of a released offender for violation of any of the conditions of parole or conditional release. The warrant shall authorize any law enforcement officer to return the offender to the actual custody of the correctional center from which the offender was released, or to any other suitable facility designated by the [board] division. If any parole or probation officer has probable cause to believe that such offender has violated a condition of parole or conditional release, the probation or parole officer may issue a warrant for the arrest of the offender. The probation or parole officer may effect the arrest or may deputize any officer with the power of arrest to do so by giving the officer a copy of the warrant which shall outline the circumstances of the alleged violation and contain the statement that the offender has, in the judgment of the probation or parole officer, violated conditions of parole or conditional release. The warrant delivered with the offender by the arresting officer to the official in charge of any facility designated by the [board] division to which the offender is brought shall be sufficient legal authority for detaining the offender. After the arrest the parole or probation officer shall present to the detaining authorities a similar statement of the circumstances of violation. Pending hearing as hereinafter provided, upon any charge of violation, the offender shall remain in custody or incarcerated without consideration of bail. 2. If the offender is arrested under the authority granted in subsection 1 of this section, the offender shall have the right to a preliminary hearing on the violation charged unless the offender waives such hearing. Upon such arrest and detention, the parole or probation officer
HCS HB 2397 shall immediately notify the board and shall submit in writing a report showing in what manner the offender has violated the conditions of his parole or conditional release. The board shall order the offender discharged from such facility, require as a condition of parole or conditional release the placement of the offender in a treatment center operated by the department of corrections, or shall cause the offender to be brought before it for a hearing on the violation charged, under such rules and regulations as the board may adopt. If the violation is established and found, the board may continue or revoke the parole or conditional release, or enter such other order as it may see fit. If no violation is established and found, then the parole or conditional release shall continue. If at any time during release on parole or conditional release the offender is arrested for a crime which later leads to conviction, and sentence is then served outside the Missouri department of corrections, the board shall determine what part, if any, of the time from the date of arrest until completion of the sentence imposed is counted as time served under the sentence from which the offender was paroled or conditionally released. 3. An offender for whose return a warrant has been issued by the [board] division shall, if it is found that the warrant cannot be served, be deemed to be a fugitive from justice or to have fled from justice. If it shall appear that the offender has violated the provisions and conditions of his parole or conditional release, the board shall determine whether the time from the issuing date of the warrant to the date of his arrest on the warrant, or continuance on parole or conditional release shall be counted as time served under the sentence. In all other cases, time served on parole or conditional release shall be counted as time served under the sentence. 4. At any time during parole or probation, the [board] division may issue a warrant for the arrest of any person from another jurisdiction, the visitation and supervision of whom the [board] division has undertaken pursuant to the provisions of the interstate compact for the supervision of parolees and probationers authorized in section 217.810, for violation of any of the conditions of release, or a notice to appear to answer a charge of violation. The notice shall be served personally upon the person. The warrant shall authorize any law enforcement officer to return the offender to any suitable detention facility designated by the [board] division. Any parole or probation officer may arrest such person without a warrant, or may deputize any other officer with power of arrest to do so by issuing a written statement setting forth that the defendant has, in the judgment of the parole or probation officer, violated the conditions of his release. The written statement delivered with the person by the arresting officer to the official in charge of the detention facility to which the person is brought shall be sufficient legal authority for detaining him. After making an arrest the parole or probation officer shall present to the detaining authorities a similar statement of the circumstances of violation.
217.722. 1. If any probation officer has probable cause to believe that the person on probation has violated a condition of probation, the probation officer may issue a warrant for the
HCS HB 2397 arrest of the person on probation. The officer may effect the arrest or may deputize any other officer with the power of arrest to do so by giving the officer a copy of the warrant which will outline the circumstances of the alleged violation and contain the statement that the person on probation has, in the judgment of the probation officer, violated the conditions of probation. The warrant delivered with the offender by the arresting officer to the official in charge of any jail or other detention facility shall be sufficient authority for detaining the person on probation pending a preliminary hearing on the alleged violation. Other provisions of law relating to release on bail of persons charged with criminal offenses shall be applicable to persons detained on alleged probation violations. 2. Any person on probation arrested under the authority granted in subsection 1 of this section shall have the right to a preliminary hearing on the violation charged as long as the person on probation remains in custody or unless the offender waives such hearing. The person on probation shall be notified immediately in writing of the alleged probation violation. If arrested in the jurisdiction of the sentencing court, and the court which placed the person on probation is immediately available, the preliminary hearing shall be heard by the sentencing court. Otherwise, the person on probation shall be taken before a judge or associate circuit judge in the county of the alleged violation or arrest having original jurisdiction to try criminal offenses or before an impartial member of the staff of the [Missouri board] division of probation and parole, and the preliminary hearing shall be held as soon as possible after the arrest. Such preliminary hearings shall be conducted as provided by rule of court or by rules of the [Missouri] parole board [of probation and parole]. If it appears that there is probable cause to believe that the person on probation has violated a condition of probation, or if the person on probation waives the preliminary hearing, the judge or associate circuit judge, or member of the staff of the [Missouri board] division of probation and parole shall order the person on probation held for further proceedings in the sentencing court. If probable cause is not found, the court shall not be barred from holding a hearing on the question of the alleged violation of a condition of probation nor from ordering the person on probation to be present at such a hearing. 3. Upon such arrest and detention, the probation officer shall immediately notify the sentencing court and shall submit to the court a written report showing in what manner the person on probation has violated the conditions of probation. Thereupon, or upon arrest by warrant, the court shall cause the person on probation to be brought before it without unnecessary delay for a hearing on the violation charged. Revocation hearings shall be conducted as provided by rule of court.
217.735. 1. Notwithstanding any other provision of law to the contrary, the [board] division of probation and parole shall supervise an offender for the duration of his or her natural life when the offender has been found guilty of an offense under:
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(1) Section 566.030, 566.032, 566.060, 566.062, 566.067, 566.083, 566.100, 566.151, 566.212, 566.213, 568.020, 568.080, or 568.090 based on an act committed on or after August 28, 2006; or (2) Section 566.068, 566.069, 566.210, 566.211, 573.200, or 573.205 based on an act committed on or after January 1, 2017, against a victim who was less than fourteen years old and the offender is a prior sex offender as defined in subsection 2 of this section. 2. For the purpose of this section, a prior sex offender is a person who has previously pleaded guilty to or been found guilty of an offense contained in chapter 566 or violating section 568.020 when the person had sexual intercourse or deviate sexual intercourse with the victim, or violating subdivision (2) of subsection 1 of section 568.045. 3. Subsection 1 of this section applies to offenders who have been granted probation, and to offenders who have been released on parole, conditional release, or upon serving their full sentence without early release. Supervision of an offender who was released after serving his or her full sentence will be considered as supervision on parole. 4. A mandatory condition of lifetime supervision of an offender under this section is that the offender be electronically monitored. Electronic monitoring shall be based on a global positioning system or other technology that identifies and records the offender's location at all times. 5. In appropriate cases as determined by a risk assessment, the board may terminate the supervision of an offender who is being supervised under this section when the offender is sixty-five years of age or older. and electronic monitoring of offenders under this section.
217.750. 1. At the request of a judge of any circuit court, the [board] division of probation and parole shall provide probation services for such court as provided in subsection 2 of this section. 2. The [board] division of probation and parole shall provide probation services for any person convicted of any class of felony. The [board] division of probation and parole shall not provide probation services for any class of misdemeanor except those class A misdemeanors the basis of which is contained in chapters 565 and 566 or in section 568.050, 455.085, 589.425, or section 455.538.
217.755. The [board] division of probation and parole shall adopt general rules and regulations, in accordance with section 217.040, concerning the conditions of probation applicable to cases in the courts for which it provides probation service. Nothing herein, however, shall limit the authority of the court to impose or modify any general or specific conditions of probation.
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217.760. 1. In all felony cases and class A misdemeanor cases, the basis of which misdemeanor cases are contained in chapters 565 and 566 and section 577.023, at the request of a circuit judge of any circuit court, the [board] division of probation and parole shall assign one or more state probation and parole officers to make an investigation of the person convicted of the crime or offense before sentence is imposed. In all felony cases in which the recommended sentence established by the sentencing advisory commission pursuant to subsection 6 of section 558.019 includes probation but the recommendation of the prosecuting attorney or circuit attorney does not include probation, the [board] division of probation and parole shall, prior to sentencing, provide the judge with a report on available alternatives to incarceration. If a presentence investigation report is completed then the available alternatives shall be included in the presentence investigation report. 2. The report of the presentence investigation or preparole investigation shall contain any prior criminal record of the defendant and such information about his or her characteristics, his or her financial condition, his or her social history, the circumstances affecting his or her behavior as may be helpful in imposing sentence or in granting probation or in the correctional treatment of the defendant, information concerning the impact of the crime upon the victim, the recommended sentence established by the sentencing advisory commission and available alternatives to incarceration including opportunities for restorative justice, as well as a recommendation by the probation and parole officer. The officer shall secure such other information as may be required by the court and, whenever it is practicable and needed, such investigation shall include a physical and mental examination of the defendant.
217.762. 1. Prior to sentencing any defendant convicted of a felony which resulted in serious physical injury or death to the victim, a presentence investigation shall be conducted by the [board] division of probation and parole to be considered by the court, unless the court orders otherwise. caused physical, psychological, or economic injury to the victim. 3. If the court does not order a presentence investigation, the prosecuting attorney may prepare a victim impact statement to be submitted to the court. The court shall consider the victim impact statement in determining the appropriate sentence, and in entering any order of restitution to the victim. with its seriousness and permanence;
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(4) Describe any change in the victim's personal welfare or familial relationships as a result of the offense; family as a result of the offense; and that the court requires.
(5) Identify any request for psychological services initiated by the victim or the victim's
(6) Contain any other information related to the impact of the offense upon the victim
217.777. 1. The department shall administer a community corrections program to
(4) Reduce the cost of punishment, supervision and treatment significantly below the
(2) Ensure that victims of crime are included in meaningful ways in Missouri's response
(5) Utilize community supervision centers to effectively respond to violations and encourage the establishment of local sentencing alternatives for offenders to: (1) Promote accountability of offenders to crime victims, local communities and the state by providing increased opportunities for offenders to make restitution to victims of crime through financial reimbursement or community service; to crime; (3) Provide structured opportunities for local communities to determine effective local sentencing options to assure that individual community programs are specifically designed to meet local needs; annual per-offender cost of confinement within the traditional prison system; [and] prevent revocations; and the development of community-based sentencing options for eligible offenders. 2. The program shall be designed to implement and operate community-based restorative justice projects including, but not limited to: preventive or diversionary programs, community-based intensive probation and parole services, community-based treatment centers, day reporting centers, and the operation of facilities for the detention, confinement, care and treatment of adults under the purview of this chapter. established pursuant to this section as provided for in section 217.040 and chapter 536. 4. Any proposed program or strategy created pursuant to this section shall be developed after identification of a need in the community for such programs, through consultation with representatives of the general public, judiciary, law enforcement and defense and prosecution bar. of the court, the following guidelines apply:
(6) Improve public confidence in the criminal justice system by involving the public in
The department shall promulgate rules and regulations for operation of the program
In communities where local volunteer community boards are established at the request
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(1) The department shall provide a program of training to eligible volunteers and develop specific conditions of a probation program and conditions of probation for offenders referred to it by the court. Such conditions, as established by the community boards and the department, may include compensation and restitution to the community and the victim by fines, fees, day fines, victim-offender mediation, participation in victim impact panels, community service, or a combination of the aforementioned conditions; (2) The term of probation shall not exceed five years and may be concluded by the court when conditions imposed are met to the satisfaction of the local volunteer community board. 6. The department may staff programs created pursuant to this section with employees of the department or may contract with other public or private agencies for delivery of services as otherwise provided by law.
217.810. 1. The governor is hereby authorized and directed to enter into the interstate compact for the supervision of parolees and probationers on behalf of the state of Missouri with the commonwealth of Puerto Rico, the Virgin Islands, the District of Columbia and any and all other states of the United States legally joining therein and pursuant to the provisions of an act of the Congress of the United States of America granting the consent of Congress to the commonwealth of Puerto Rico, the Virgin Islands, the District of Columbia and any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and for other purposes, which compact shall have as its objective the permitting of persons placed on probation or released on parole to reside in any other state signatory to the compact assuming the duties of visitation and supervision over such probationers and parolees; permitting the extradition and transportation without interference of prisoners, being retaken, through any and all states signatory to the compact under such terms, conditions, rules and regulations, and for such duration as in the opinion of the governor of this state shall be necessary and proper and in a form substantially as contained in subsection 2 of this section. The chairman of the board shall administer the compact for the state. This compact shall be entered into by and among the contracting states, signatories hereto, with the consent of the Congress of the United States of America, granted by an act entitled "An act granting the consent of Congress to any two or more states to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and for other purposes." The contracting states solemnly agree: (1) That it shall be competent for the duly constituted judicial and administrative authorities of a state party to this compact (herein called "sending state") to permit any person
SUPERVISION OF PAROLEES AND PROBATIONERS
INTERSTATE COMPACT FOR THE
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(b) Though not a resident of the receiving state and not having his family residing there,
Before granting such permission, opportunity shall be granted to the receiving state to
(a) Such a person is in fact a resident of or has his family residing within the receiving convicted of an offense within such state and placed on probation or released on parole to reside in any other state party to this compact (herein called "receiving state"), while on probation or parole, if state and can obtain employment there; the receiving state consents to such person being sent there. investigate the home and prospective employment of such person. A resident of the receiving state, within the meaning of this section, is one who has been an actual inhabitant of such state continuously for more than one year prior to his coming to the sending state and has not resided within the sending state more than six continuous months immediately preceding the commission of the offense for which he has been convicted. (2) The receiving state shall assume the duties of visitation and supervision over probationers or parolees of any sending state transferred under the compact and will apply the same standards of supervision that prevail for its own probationers and parolees. (3) That duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any person on probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived on the part of states party hereto, as to such persons. The decision of the sending state to retake a person on probation or parole shall be conclusive upon and not reviewable within the receiving state. Provided, however, that if at the time when a state seeks to retake a probationer or parolee there should be pending against him within the receiving state any criminal charge, or he should be suspected of having committed within such state a criminal offense, he shall not be retaken without the consent of the receiving state until discharged from prosecution or from imprisonment for such offense. (4) That the duly accredited officers of the sending state will be permitted to transport prisoners being retaken through any and all states parties to this compact, without interference. (5) Each state may designate an officer who, acting jointly with like officers of other contracting states shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact. (6) That this compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state.
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(7) That this compact shall continue in force and remain binding upon each executing state until renounced by it. The duties and obligations hereunder of a renouncing state shall continue as to parolees or probationers residing therein at the time of withdrawal until retaken or finally discharged by the sending state. Renunciation of this compact shall be by the same authority which executed it, by sending six months' notice in writing of its intention to withdraw from the compact to the other states party hereto. 3. If any section, sentence, subdivision or clause within subsection 2 of this section is for any reason held invalid or to be unconstitutional, such decision shall not affect the validity of the remaining provisions of that subsection or this section. 4. All necessary and proper expenses accruing as a result of a person being returned to this state by order of a court or the parole board [of probation and parole] shall be paid by the state as provided in section 548.241 or 548.243.
221.105. 1. The governing body of any county and of any city not within a county shall fix the amount to be expended for the cost of incarceration of prisoners confined in jails or medium security institutions. The per diem cost of incarceration of these prisoners chargeable by the law to the state shall be determined, subject to the review and approval of the department of corrections. 2. When the final determination of any criminal prosecution shall be such as to render the state liable for costs under existing laws, it shall be the duty of the sheriff to certify to the clerk of the circuit court or court of common pleas in which the case was determined the total number of days any prisoner who was a party in such case remained in the county jail. It shall be the duty of the county commission to supply the cost per diem for county prisons to the clerk of the circuit court on the first day of each year, and thereafter whenever the amount may be changed. It shall then be the duty of the clerk of the court in which the case was determined to include in the bill of cost against the state all fees which are properly chargeable to the state. In any city not within a county, it shall be the duty of the superintendent of any facility boarding prisoners to certify to the chief executive officer of such city not within a county the total number of days any prisoner who was a party in such case remained in such facility. It shall be the duty of the superintendents of such facilities to supply the cost per diem to the chief executive officer on the first day of each year, and thereafter whenever the amount may be changed. It shall be the duty of the chief executive officer to bill the state all fees for boarding such prisoners which are properly chargeable to the state. The chief executive may by notification to the department of corrections delegate such responsibility to another duly sworn official of such city not within a county. The clerk of the court of any city not within a county shall not include such fees in the bill of costs chargeable to the state. The department of corrections shall revise its criminal cost manual in accordance with this provision.
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595.010. 1. As used in sections 595.010 to 595.075, unless the context requires
(1) "Child", a dependent, unmarried person who is under eighteen years of age and
(2) "Claimant", a victim or a dependent, relative, survivor, or member of the family, of otherwise, the following terms shall mean: includes a posthumous child, stepchild, or an adopted child; a victim eligible for compensation pursuant to sections 595.010 to 595.075; custody of the estate of a minor or a disabled person, including a limited conservator; (4) "Counseling", problem-solving and support concerning emotional issues that result from criminal victimization licensed pursuant to section 595.030. Counseling is a confidential service provided either on an individual basis or in a group. Counseling has as a primary purpose to enhance, protect and restore a person's sense of well-being and social functioning after
(3) "Conservator", a person or corporation appointed by a court to have the care and
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(6) "Crisis intervention counseling", helping to reduce psychological trauma where victimization. Counseling does not include victim advocacy services such as crisis telephone counseling, attendance at medical procedures, law enforcement interviews or criminal justice proceedings; (5) "Crime", an act committed in this state [which] that, [if committed by a mentally competent, criminally responsible person who had no legal exemption or defense, would constitute a crime; provided that, such act] regardless of whether it is adjudicated, involves the application of force or violence or the threat of force or violence by the offender upon the victim but shall include the crime of driving while intoxicated, vehicular manslaughter and hit and run; and provided, further, that no act involving the operation of a motor vehicle except driving while intoxicated, vehicular manslaughter and hit and run [which] that results in injury to another shall constitute a crime for the purpose of sections 595.010 to 595.075, unless such injury was intentionally inflicted through the use of a motor vehicle. A crime shall also include an act of terrorism, as defined in 18 U.S.C. Section 2331, which has been committed outside of the United States against a resident of Missouri; victimization occurs; (7) "Department", the department of public safety; (8) "Dependent", mother, father, spouse, spouse's mother, spouse's father, child, grandchild, adopted child, illegitimate child, niece or nephew, who is wholly or partially dependent for support upon, and living with, but shall include children entitled to child support but not living with, the victim at the time of his injury or death due to a crime alleged in a claim pursuant to sections 595.010 to 595.075; (9) "Direct service", providing physical services to a victim of crime including, but not limited to, transportation, funeral arrangements, child care, emergency food, clothing, shelter, notification and information; for the purposes of sections 595.010 to 595.075; (11) "Disabled person", one who is unable by reason of any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that the person lacks ability to manage his financial resources, including a partially disabled person who lacks the ability, in part, to manage his financial resources; (12) "Emergency service", those services provided [within thirty days] to alleviate the immediate effects of the criminal act or offense, and may include cash grants of not more than one hundred dollars; (10) "Director", the director of public safety of this state or a person designated by him
(13) "Earnings", net income or net wages;
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(17) "Guardian", one appointed by a court to have the care and custody of the person of
(18) "Hit and run", the crime of leaving the scene of a motor vehicle accident as defined
(b) Killed or receiving a personal physical injury in this state while in a good faith
(14) "Family", the spouse, parent, grandparent, stepmother, stepfather, child, grandchild, brother, sister, half brother, half sister, adopted children of parent, or spouse's parents; (15) "Funeral expenses", the expenses of the funeral, burial, cremation, or other chosen method of interment, including plot or tomb and other necessary incidents to the disposition of the remains; (16) "Gainful employment", engaging on a regular and continuous basis, up to the date of the incident upon which the claim is based, in a lawful activity from which a person derives a livelihood; a minor or of an incapacitated person, including a limited guardian; in section 577.060; (19) "Incapacitated person", one who is unable by reason of any physical or mental condition to receive and evaluate information or to communicate decisions to such an extent that he lacks capacity to meet essential requirements for food, clothing, shelter, safety, or other care such that serious physical injury, illness, or disease is likely to occur, including a partially incapacitated person who lacks the capacity to meet, in part, such essential requirements; person's commission of or attempt to commit any crime; attempt to assist a person against whom a crime is being perpetrated or attempted; (c) Killed or receiving a personal physical injury in this state while assisting a law enforcement officer in the apprehension of a person who the officer has reason to believe has perpetrated or attempted a crime; (21) "Law enforcement official", a sheriff and his regular deputies, municipal police officer or member of the Missouri state highway patrol and such other persons as may be designated by law as peace officers; (22) "Offender", a person who commits a crime; (23) "Personal [physical] injury", [actual bodily harm only with respect to the victim. Personal physical injury may include mental or nervous shock] physical, emotional, or mental harm or trauma resulting from the [specific incident] crime upon which the claim is based;
(24) "Private agency", a not-for-profit corporation, in good standing in this state, which provides services to victims of crime and their dependents; provides services to victims of crime;
(20) "Injured victim", a person: (a) Killed or receiving a personal physical injury in this state as a result of another
(25) "Public agency", a part of any local or state government organization which
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(26) "Relative", the spouse of the victim or a person related to the victim within the third
(27) "Survivor", the spouse, parent, legal guardian, grandparent, sibling or child of the
(28) "Victim", a person who suffers personal [physical] injury or death as a direct result degree of consanguinity or affinity as calculated according to civil law; deceased victim of the victim's household at the time of the crime; of a crime, as defined in subdivision (5) of this subsection; services from existing community resources. 2. As used in [sections 565.024 and 565.060 and] sections 595.010 to 595.075, the term "alcohol-related traffic offense" means those offenses defined by sections 577.001, 577.010, and 577.012, and any county or municipal ordinance which prohibits operation of a motor vehicle while under the influence of alcohol.
(29) "Victim advocacy", assisting the victim of a crime and his dependents to acquire
595.015. 1. The department of public safety shall, pursuant to the provisions of sections 595.010 to 595.075, have jurisdiction to determine and award compensation to, or on behalf of, victims of crimes. In making such determinations and awards, the department shall ensure the compensation sought is reasonable and consistent with the limitations described in sections 595.010 to 595.075. Additionally, if compensation being sought includes medical expenses, the department shall further ensure that such expenses are medically necessary. The department of public safety may pay directly to the provider of the services compensation for medical or funeral expenses, or expenses for other services as described in section 595.030, incurred by the claimant. The department is not required to provide compensation in any case, nor is it required to award the full amount claimed. The department shall make its award of compensation based upon independent verification obtained during its investigation. 2. Such claims shall be made by filing an application for compensation with the department of public safety. The application form shall be furnished by the department [and the signature shall be notarized]. The application shall include:
(1) The name and address of the victim; (2) If the claimant is not the victim, the name and address of the claimant and relationship to the victim, the names and addresses of the victim's dependents, if any, and the extent to which each is so dependent; compensation is based; of the crime was given; of those giving medical and hospital treatment to the victim and whether death resulted;
(5) The nature and extent of the injuries sustained by the victim, the names and addresses
(3) The date and nature of the crime or attempted crime on which the application for
(4) The date and place where, and the law enforcement officials to whom, notification
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(8) Releases authorizing the surrender to the department of reports, documents and other
(9) Such other information as the department determines is necessary. 3. In addition to the application, the department may require that the claimant submit
(6) The loss to the claimant or a dependent resulting from the injury or death; (7) The amount of benefits, payments, or awards, if any, payable from any source which the claimant or dependent has received or for which the claimant or dependent is eligible as a result of the injury or death; information relating to the matters specified under this section; and materials substantiating the facts stated in the application. 4. [If the department finds that an application does not contain the required information or that the facts stated therein have not been substantiated, it shall notify the claimant in writing of the specific additional items of information or materials required and that the claimant has thirty days from the date of mailing in which to furnish those items to the department. Unless a claimant requests and is granted an extension of time by the department, the department shall reject with prejudice the claim of the claimant for failure to file the additional information or materials within the specified time.
6.] To be eligible, unless cooperation is excused by the prosecuting attorney or circuit attorney, the claimant, victim, or dependent shall cooperate with law enforcement officials in the apprehension [and prosecution] of the offender [in order to be eligible, or the department has found that the failure to cooperate was for good cause] , and the prosecuting attorney or circuit attorney shall certify that the claimant, victim, or dependent cooperated in the prosecution. [7.] 5. Any state or local agency, including a prosecuting attorney or law enforcement agency, shall make available without cost to the fund all reports, files and other appropriate information which the department requests in order to make a determination that a claimant is eligible for an award pursuant to sections 595.010 to 595.075.
595.020. 1. Except as hereinafter provided, the following persons shall be eligible for compensation pursuant to sections 595.010 to 595.075: his recovery; and (1) A victim of a crime; (2) In the case of a sexual assault victim[:
(1) A victim of a crime; (2) In the case of a sexual assault victim[: (a)] , a relative of the victim requiring counseling in order to better assist the victim in
(3) In the case of the death of the victim as a direct result of the crime:
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(c) A survivor of the victim requiring counseling as a direct result of the death of the
(a) A dependent of the victim; (b) Any member of the family who legally assumes the obligation, or who pays the medical or burial expenses incurred as a direct result thereof; and victim. 2. An offender or an accomplice of an offender shall in no case be eligible to receive compensation with respect to a crime committed by the offender. No victim or dependent shall be denied compensation solely because he is a relative of the offender or was living with the offender as a family or household member at the time of the injury or death. However, the department may award compensation to a victim or dependent who is a relative, family, or household member of the offender only if the department can reasonably determine the offender will receive no substantial economic benefit or unjust enrichment from the compensation. 3. No compensation of any kind may be made to a victim or intervenor injured while confined in any federal, state, county, or municipal jail, prison or other correctional facility, including house arrest or electronic monitoring. 4. [No compensation of any kind may be made to a victim who has been finally adjudicated and found guilty, in a criminal prosecution under the laws of this state, of two felonies within the past ten years, of which one or both involves illegal drugs or violence. The department may waive this restriction if it determines that the interest of justice would be served otherwise.
5.] In the case of a claimant [who is not otherwise ineligible pursuant to subsection 4 of this section,] who is incarcerated as a result of a conviction of a crime not related to the incident upon which the claim is based at the time of application, or at any time following the filing of the application: claimant is released from incarceration; (2) The department shall notify the applicant at the time the proceedings are suspended of the right to reactivate the claim within six months of release from incarceration. The notice shall be deemed sufficient if mailed to the applicant at the applicant's last known address; (3) The claimant shall file an application to request that the case be reactivated not later than six months after the date the claimant is released from incarceration. Failure to file such request within the six-month period shall serve as a bar to any recovery. [6. Victims of crime who are not residents of the state of Missouri may be compensated only when federal funds are available for that purpose. Compensation for nonresident victims shall terminate when federal funds for that purpose are no longer available.
(1) The department shall suspend all proceedings and payments until such time as the
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7.] 5. A Missouri resident who suffers personal [physical] injury or, in the case of death, a dependent of the victim or any member of the family who legally assumes the obligation, or who pays the medical or burial expenses incurred as a direct result thereof, in another state, possession or territory of the United States may make application for compensation in Missouri if: of Missouri; (2) The place that the crime occurred is a state, possession or territory of the United States, or location outside of the United States that is covered and defined in 18 U.S.C. Section 2331, that does not have a crime victims' compensation program for which the victim is eligible and which provides at least the same compensation that the victim would have received if he had been injured in Missouri.
(1) The victim of the crime would be compensated if the crime had occurred in the state
595.025. 1. A claim for compensation may be filed by a person eligible for compensation or, if the person is an incapacitated or disabled person, or a minor, by the person's spouse, parent, conservator, or guardian. discovery of the crime upon which it is based. 3. Each claim shall be [filed in person or by mail] submitted to the department. The department of public safety shall investigate such claim, prior to the opening of formal proceedings. The claimant shall be notified of the date and time of any hearing on such claim. In determining the amount of compensation for which a claimant is eligible, the department shall consider the facts stated on the application filed pursuant to section 595.015, and: (1) Need not consider whether or not the alleged assailant has been apprehended or brought to trial or the result of any criminal proceedings against that person; however, if any person is convicted of the crime which is the basis for an application for compensation, proof of the conviction shall be conclusive evidence that the crime was committed; dependents; incited, or contributed to the injuries or death of the victim. 4. The claimant may present evidence and testimony on his own behalf or may retain counsel. The department of public safety may, as part of any award entered under sections 595.010 to 595.075, determine and allow reasonable attorney's fees, which shall not exceed fifteen percent of the amount awarded as compensation under sections 595.010 to 595.075, which fee shall be paid out of, but not in addition to, the amount of compensation, to the attorney
(2) Shall determine the amount of the loss to the claimant, or the victim's survivors or
(3) Shall determine the degree or extent to which the victim's acts or conduct provoked,
HCS HB 2397 representing the claimant. No attorney for the claimant shall ask for, contract for, or receive any larger sum than the amount so allowed. 5. The person filing a claim shall, prior to any hearing thereon, submit reports, if available, from all hospitals, physicians [or] , surgeons, or other health care providers who treated or examined the victim for the injury for which compensation is sought. A hospital, physician, surgeon, or other health care provider may submit reports on behalf of the person filing a claim. If, in the opinion of the department of public safety, an examination of the injured victim and a report thereon, or a report on the cause of death of the victim, would be of material aid, the department of public safety may appoint a duly qualified, impartial physician to make such examination and report. remedy available to creditors for the collection of a debt. 7. Payments of compensation shall not be made directly to any person legally incompetent to receive them but shall be made to the parent, guardian or conservator for the benefit of such minor, disabled or incapacitated person.
595.030. 1. [No compensation shall be paid unless the claimant has incurred an out-of-pocket loss of at least fifty dollars or has lost two continuous weeks of earnings or support from gainful employment. "Out-of-pocket loss" shall mean unreimbursed or unreimbursable expenses or indebtedness reasonably incurred:
(1) For medical care or other services, including psychiatric, psychological or counseling expenses, necessary as a result of the crime upon which the claim is based, except that the amount paid for psychiatric, psychological or counseling expenses per eligible claim shall not exceed two thousand five hundred dollars; or
(2) As a result of personal property being seized in an investigation by law enforcement. Compensation paid for an out-of-pocket loss under this subdivision shall be in an amount equal to the loss sustained, but shall not exceed two hundred fifty dollars. 2.] No compensation shall be paid unless the department of public safety finds that a crime was committed, that such crime directly resulted in personal [physical] injury to, or the death of, the victim, and that police, court, or other official records show that such crime was [promptly] reported to the proper authorities. [In no case may compensation be paid if the police records show that such report was made more than forty-eight hours after the occurrence of such crime, unless the department of public safety finds that the report to the police was delayed for good cause.] In lieu of other records, the claimant may provide a sworn statement by the claimant under paragraph (c) of subdivision (1) of section 589.663 that the claimant has good reason to believe that he or she is a victim of domestic violence, rape, sexual assault, human trafficking, or stalking, and fears further violent acts from his or her assailant. If
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(1) Physician licensed pursuant to chapter 334 or licensed to practice medicine in the
(2) Psychologist licensed pursuant to chapter 337 or licensed to practice psychology in
[4.] 3. No compensation shall be paid for psychiatric treatment or other counseling the victim is under eighteen years of age such report may be made by the victim's parent, guardian or custodian; by a physician, a nurse, or hospital emergency room personnel; by the children's division personnel; or by any other member of the victim's family. In the case of a sexual offense, filing a report of the offense to the proper authorities may include, but not be limited to, the filing of the report of the forensic examination by the appropriate medical provider, as defined in section 595.220, with the prosecuting attorney of the county in which the alleged incident occurred, receiving a forensic examination, or securing an order of protection. [3.] 2. No compensation shall be paid for medical care if the service provider is not a medical provider as that term is defined in section 595.027, and the individual providing the medical care is not licensed by the state of Missouri or the state in which the medical care is provided. services, including psychotherapy, unless the service provider is a: state in which the service is provided; the state in which the service is provided; (3) Clinical social worker licensed pursuant to chapter 337; (4) Professional counselor licensed pursuant to chapter 337; or (5) Board-certified psychiatric-mental health clinical nurse specialist or board certified psychiatric-mental health nurse practitioner licensed under chapter 335 or licensed in the state in which the service is provided. [5.] 4. Any compensation paid pursuant to sections 595.010 to 595.075 for death or personal injury shall be in an amount not exceeding out-of-pocket loss, together with loss of earnings or support from gainful employment, not to exceed four hundred dollars per week, resulting from such injury or death. In the event of death of the victim, an award may be made for reasonable and necessary expenses actually incurred for preparation and burial not to exceed five thousand dollars. [6.] 5. Any compensation for loss of earnings or support from gainful employment shall be in an amount equal to the actual loss sustained not to exceed four hundred dollars per week; provided, however, that no award pursuant to sections 595.010 to 595.075 shall exceed twenty-five thousand dollars. If two or more persons are entitled to compensation as a result of the death of a person which is the direct result of a crime or in the case of a sexual assault, the compensation shall be apportioned by the department of public safety among the claimants in proportion to their loss.
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[7.] 6. The method and timing of the payment of any compensation pursuant to sections 595.010 to 595.075 shall be determined by the department. [8.] 7. The department shall have the authority to negotiate the costs of medical care or other services directly with the providers of the care or services on behalf of any victim receiving compensation pursuant to sections 595.010 to 595.075.
595.035. 1. For the purpose of determining the amount of compensation payable pursuant to sections 595.010 to 595.075, the department of public safety shall, insofar as practicable, formulate standards for the uniform application of sections 595.010 to 595.075, taking into consideration the provisions of sections 595.010 to 595.075, the rates and amounts of compensation payable for injuries and death pursuant to other laws of this state and of the United States, excluding pain and suffering, and the availability of funds appropriated for the purpose of sections 595.010 to 595.075. All decisions of the department of public safety on claims pursuant to sections 595.010 to 595.075 shall be in writing, setting forth the name of the claimant, the amount of compensation and the reasons for the decision. [The department of public safety shall immediately notify the claimant in writing of the decision and shall forward to the state treasurer a certified copy of the decision and a warrant for the amount of the claim. The state treasurer, upon certification by the commissioner of administration, shall, if there are sufficient funds in the crime victims' compensation fund, pay to or on behalf of the claimant the amount determined by the department.]
HCS HB 2397 victim to aid a victim, or to prevent a crime or an attempted crime from occurring in his or her presence, or to apprehend a person who had committed a crime in his or her presence or had in fact committed a felony. 4. In determining the amount of compensation payable pursuant to sections 595.010 to 595.075, monthly Social Security disability or retirement benefits received by the victim shall not be considered by the department as a factor for reduction of benefits. [5. The department shall not be liable for payment of compensation for any out-of-pocket expenses incurred more than three years following the date of the occurrence of the crime upon which the claim is based.]
595.055. [1. No public or private agency shall provide service to a victim of crime pursuant to any contract made under section 595.050 unless the incident is reported to an appropriate law enforcement office within forty-eight hours after its occurrence or within forty-eight hours after the victim of crime, a dependent, or a member of the family of the victim reasonably could be expected to make such a report.
2.] No service may be provided under section 595.050 if the victim of crime: (1) Was the perpetrator or a principal or accessory involved in the commission of the crime for which he otherwise would have been eligible for assistance under the provisions of section 595.050; or (2) Is injured as a result of the operation of a motor vehicle, boat, or airplane unless the same was used as a weapon in a deliberate attempt to inflict personal injury upon any person or unless the victim is injured as a result of the crime of driving while intoxicated or vehicular manslaughter.
(1) The victim or the victim's guardian consents in writing to the examination; and (2) The report of the examination is made on a form approved by the attorney general
595.220. 1. The department of public safety shall make payments to appropriate medical providers, out of appropriations made for that purpose, to cover the reasonable charges of the forensic examination of persons who may be a victim of a sexual offense if: with the advice of the department of public safety. The department shall establish maximum reimbursement rates for charges submitted under this section, which shall reflect the reasonable cost of providing the forensic exam. 2. A minor may consent to examination under this section. Such consent is not subject to disaffirmance because of minority, and consent of parent or guardian of the minor is not required for such examination. The appropriate medical provider making the examination shall give written notice to the parent or guardian of a minor that such an examination has taken place. 3. The attorney general, with the advice of the department of public safety, shall develop the forms and procedures for gathering, transmitting, and storing evidence during and after
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(3) A law enforcement agency shall secure forensic examination evidence for a the forensic examination under the provisions of this section. The department of health and senior services shall develop a checklist, protocols, and procedures for appropriate medical providers to refer to while providing medical treatment to victims of a sexual offense, including those specific to victims who are minors. The procedures for transmitting and storing evidence shall include the following requirements: (1) A law enforcement agency that receives notice that forensic examination evidence has been released to that law enforcement agency shall take possession of the evidence, including anonymously reported evidence from the medical provider within fourteen days after receiving that notice. The law enforcement agency shall submit that evidence for analysis within fourteen days after the agency takes possession of that evidence under this section; (2) The Missouri state highway patrol shall take possession of unreported forensic examination evidence from the medical provider after receiving notice and shall secure such evidence for a period of five years; and period of thirty years if the offense or act remains unsolved. 4. Evidentiary collection kits shall be developed and made available, subject to appropriation, to appropriate medical providers by the highway patrol or its designees and eligible crime laboratories. Such kits shall be distributed with the forms and procedures for gathering evidence during forensic examinations of victims of a sexual offense to appropriate medical providers upon request of the provider, in the amount requested, and at no charge to the medical provider. All appropriate medical providers shall, with the written consent of the victim, perform a forensic examination using the evidentiary collection kit, or other collection procedures developed for victims who are minors, and forms and procedures for gathering evidence following the checklist for any person presenting as a victim of a sexual offense. 5. In reviewing claims submitted under this section, the department shall first determine if the claim was submitted within ninety days of the examination. If the claim is submitted within ninety days, the department shall, at a minimum, use the following criteria in reviewing the claim: examination charges submitted shall be itemized and fall within the definition of forensic examination as defined in subdivision (3) of subsection 8 of this section. 6. All appropriate medical provider charges for eligible forensic examinations shall be billed to and paid by the department of public safety. No appropriate medical provider conducting forensic examinations and providing medical treatment to victims of sexual offenses shall charge the victim for the forensic examination. For appropriate medical provider charges related to the medical treatment of victims of sexual offenses, if the victim is an eligible claimant
HCS HB 2397 under the crime victims' compensation fund, the victim shall seek compensation under sections 595.010 to 595.075. 7. The department of public safety shall establish rules regarding the reimbursement of the costs of forensic examinations for children under fourteen years of age, including establishing conditions and definitions for emergency and nonemergency forensic examinations and may by rule establish additional qualifications for appropriate medical providers performing nonemergency forensic examinations for children under fourteen years of age. The department shall provide reimbursement regardless of whether or not the findings indicate that the child was abused. 8. For purposes of this section, the following terms mean: (1) "Appropriate medical provider": (a) Any licensed nurse, physician, or physician assistant, and any institution employing licensed nurses, physicians, or physician assistants, provided that such licensed professionals are the only persons at such institution to perform tasks under the provisions of this section; or (b) For the purposes of any nonemergency forensic examination of a child under fourteen years of age, the department of public safety may establish additional qualifications for any provider listed in paragraph (a) of this subdivision under rules authorized under subsection 7 of this section; (2) "Emergency forensic examination", an examination of a person under fourteen years of age that occurs within five days of the alleged sexual offense. The department of public safety may further define the term emergency forensic examination by rule; (3) "Evidentiary collection kit", a kit used during a forensic examination that includes materials necessary for appropriate medical providers to gather evidence in accordance with the forms and procedures developed by the attorney general for forensic examinations; (4) "Forensic examination", an examination performed by an appropriate medical provider on a victim of an alleged sexual offense to gather evidence for the evidentiary collection kit or using other collection procedures developed for victims who are minors; directly from a patient's sexual assault or victimization; (6) "Nonemergency forensic examination", an examination of a person under fourteen years of age that occurs more than five days after the alleged sexual offense. The department of public safety may further define the term nonemergency forensic examination by rule. 9. The department shall have authority to promulgate rules and regulations necessary to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if
(5) "Medical treatment", the treatment of all injuries and health concerns resulting
HCS HB 2397 applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2009, shall be invalid and void.
610.250. Notwithstanding any other provisions of law to the contrary, law enforcement agency records may be released for the purpose of care coordination to any covered entity, as defined in the Health Insurance Portability and Accountability Act of 1996, as amended, that is providing or may provide services to any individuals if the release of such information is necessary for the preservation of health and safety of any individual or for public health and welfare.
650.035. 1. There is hereby created the "Missouri Law Enforcement Assistance
(1) Reimbursement for overtime required to enhance specialized, nonroutine Program" within the department of public safety. to create or improve local law enforcement pilot programs that may include: training opportunities; (2) Analytical capacity for targeting enforcement efforts; and (3) Community policing efforts derived from research-based models. 3. Distribution of state funds or technical assistance shall be by contractual arrangement between the department and each recipient law enforcement agency. Terms of the contract shall be negotiable each year. The state auditor shall periodically audit all law enforcement agencies receiving state funds. federal or local funds should such funds become available. 5. All law enforcement agencies, municipal and county, shall be eligible to receive funding hereunder, according to standards adopted by the department of public safety, unless otherwise restricted by statute. for this purpose.
Nothing in this section shall prohibit any law enforcement agency from receiving
No state funds shall be expended unless appropriated by the general assembly
[589.303. The "Missouri Crime Prevention Information Center" is hereby
established within the department of public safety. The center, subject to appropriation and within the limits of available funds from private sources, gifts, donations, or moneys generated by center-sponsored activities, may:
(1) Develop, plan and implement a comprehensive, long-range, integrated program which will mobilize all Missouri residents, including the
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youth of this state, in a year-round preventive effort to reduce crime, violence, drug abuse and delinquency;
(2) Provide a mechanism to support, unify, promote, implement, and
evaluate crime prevention efforts;
(3) Act as an information clearinghouse for crime prevention efforts; (4) Provide a means by which law enforcement and prevention-related agencies, civilian personnel, and the education community may acquire the resource materials, technical assistance, knowledge, and skills necessary to develop, implement and evaluate crime prevention and intervention programs;
(5) Provide ongoing, programmatic support to crime prevention efforts of law enforcement and local crime prevention organizations, enabling them to develop programs within their jurisdiction or community;
(6) Assist law enforcement agencies and local crime prevention organizations to increase the awareness of communities, businesses, and governments regarding the need for crime prevention while offering information on current and future programming in their communities and in this state;
(7) Increase the availability of resource materials which may be utilized by local crime prevention programs, analyze data, evaluate needs, and develop specific crime prevention strategies;
(8) Act as a liaison between local, state, and national agencies concerning
crime prevention issues;
(9) Coordinate efforts with any statewide associations or organizations which are also concerned with reducing crime, violence, drug abuse, and delinquency and receive from such associations or organizations advice and direction for the operation of the center and related activities;
(10) Operate as a resource for local governments and, upon the request
of any local agency, may:
(a) Provide technical assistance in the form of resource development and distribution, consultation, community resource identification, utilization, training, and distribution, consultation, community resource identification, utilization, training, and promotion of crime prevention programs or activities;
(b) Provide assistance in increasing the knowledge of community, business, and governmental leaders concerning the theory and operation of crime prevention and how their involvement will assist in efforts to prevent crime; and (c) Provide resource materials to, and assistance in developing the skills of, law enforcement personnel, which materials and skills are necessary to create
successful crime prevention strategies which meet the needs of specific regions and communities throughout the state.]