Missouri HB 1439: Specifies that offenders do not have to pay intervention fees for the first sixty days of probation, parole, or conditional release

Bill Text

FIRST REGULAR SESSION
HOUSE BILL NO. 1439
103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE ANDERSON.
3002H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
Torepeal section217.690, RSMo, andtoenact inlieuthereofone newsection relatingtofees
paid by offenders.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 217.690, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 217.690, to read as follows:
217.690. 1. All releases or paroles shall issue upon order of the parole board, duly
2 adopted.
3 2. Before ordering the parole of any offender, the parole board shall conduct a
4 validated risk and needs assessment and evaluate the case under the rules governing parole
5 that are promulgated by the parole board. The parole board shall then have the offender
6 appear before a hearing panel and shall conduct a personal interview with him or her, unless
7 waivedbytheoffender,oriftheguidelinesindicatetheoffendermaybeparoledwithoutneed
8 for an interview. The guidelines and rules shall not allow for the waiver of a hearing if a
9 victim requests a hearing. The appearance or presence may occur by means of a
10 videoconference at the discretion of the parole board. A parole may be ordered for the best
11 interest of society when there is a reasonable probability, based on the risk assessment and
12 indicatorsofreleasereadiness,thatthepersoncanbesupervisedunderparolesupervisionand
13 successfully reintegrated into the community, not as an award of clemency; it shall not be
14 considered a reduction of sentence or a pardon. Every offender while on parole shall remain
15 in the legal custody of the department but shall be subject to the orders of the parole board.
16 3. The division of probation and parole has discretionary authority to require the
17 payment of a fee, not to exceed sixty dollars per month, from every offender placed under
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.

18 division supervision on probation, parole, or conditional release, to waive all or part of any
19 fee, to sanction offenders for willful nonpayment of fees, and to contract with a private entity
20 for fee collections services. No such fee shall be levied or accrue for the first sixty days
21 the offender is on probation, parole, or conditional release. All fees collected shall be
22 deposited in the inmate fund established in section 217.430. Fees collected may be used to
23 pay the costs of contracted collections services. The fees collected may otherwise be used to
24 providecommunitycorrectionsandinterventionservicesforoffenders. Suchservicesinclude
25 substanceabuseassessmentandtreatment,mentalhealthassessmentandtreatment,electronic
26 monitoring services, residential facilities services, employment placement services, and other
27 offender community corrections or intervention services designated by the division of
28 probation and parole to assist offenders to successfully complete probation, parole, or
29 conditional release. The division of probation and parole shall adopt rules not inconsistent
30 with law, in accordance with section 217.040, with respect to sanctioning offenders and with
31 respect to establishing, waiving, collecting, and using fees.
32 4. The parole board shall adopt rules not inconsistent with law, in accordance with
33 section 217.040, with respect to the eligibility of offenders for parole, the conduct of parole
34 hearings or conditions to be imposed upon paroled offenders. Whenever an order for parole
35 is issued it shall recite the conditions of such parole.
36 5. When consideringparole for an offender withconsecutive sentences, the minimum
37 term for eligibility for parole shall be calculated by adding the minimum terms for parole
38 eligibility for each of the consecutive sentences, except the minimum term for parole
39 eligibility shall not exceed the minimum term for parole eligibility for an ordinary life
40 sentence.
41 6. Any offender sentenced to a term of imprisonment amounting to fifteen years or
42 more or multiple terms of imprisonment that, taken together, amount to fifteen or more years
43 who was under eighteen years of age at the time of the commission of the offense or offenses
44 may be eligible for parole after serving fifteen years of incarceration, regardless of whether
45 thecaseisfinalforthepurposesofappeal,andmaybeeligibleforreconsiderationhearingsin
46 accordance with regulations promulgated by the parole board.
47 7. The provisions of subsection 6 of this section shall not apply to an offender found
48 guilty of capital murder, murder in the first degree or murder in the second degree, when
49 murder in the second degree is committed pursuant to subdivision (1) of subsection 1 of
50 section 565.021, who was under eighteen years of age when the offender