Missouri SB 995: Modifies provisions relating to the pre-trial release of a person charged with a bailable offense

Bill Text

SECOND REGULAR SESSION
SENATE BILL NO. 995
100TH GENERAL ASSEMBLY
INTRODUCED BY SENATOR CUNNINGHAM.
Read 1st time February 11, 2020, and ordered printed.
ADRIANE D. CROUSE, Secretary.
4698S.02I
AN ACT
To repeal sections 544.020 and 544.455, RSMo, and to enact in lieu thereof three new
sections relating to the release of a person charged with a bailable offense.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 544.020 and 544.455, RSMo, are repealed and three
2 new sections enacted in lieu thereof, to be known as sections 544.020, 544.454,
3 and 544.455, to read as follows:
544.020. [Whenever complaint shall be made, in writing and upon oath,
2 to any associate circuit judge setting forth that a felony has been committed, and
3 the name of the person accused thereof, it shall be the duty of such associate
4 circuit judge to issue a warrant reciting the accusation, and commanding the
5 officer to whom it shall be directed forthwith to take the accused and bring him
6 before such associate circuit judge, to be dealt with according to law. The
7 complaint may be made and the warrant may be issued via facsimile or other
8 electronic means.] 1. If a prosecuting attorney wishes to request an arrest
9 warrant at the initiation of a criminal case, the prosecutor shall file,
10 contemporaneously with the complaint, information, or indictment, a
11 completed risk assessment form pursuant to section 544.454, which
12 shall allege why a defendant shall be arrested and confined. A
13 summons shall be issued on all cases initiated without an
14 accompanying risk assessment form. A criminal case may be made and
15 the warrant may be issued via facsimile or other electronic means.
16 2. If the defendant is detained, he or she will be seen by a judge
17 in the issuing circuit for arraignment and a detention hearing
18 immediately upon the defendant's first appearance before the judge,
19 unless the defendant or prosecuting attorney seeks a
EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is
intended to be omitted in the law.

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20 continuance. Except for good cause, a continuance sought by the
21 defendant shall not exceed five days and a continuance sought by a
22 prosecuting attorney shall not exceed three days.
544.454. 1. When an associate circuit judge or judge considers
2 pretrial release, supervision, and bail for an arrested defendant, the
3 court shall consider whether the defendant constitutes a flight risk, is
4 unlikely to appear for trial, or is likely to be a danger to the public if
5 released. The associate circuit judge or judge shall utilize a risk
6 assessment system. Such a risk assessment system shall be adopted by
7 circuit judges and associate circuit judges in each judicial circuit for
8 the purposes of this section. The risk assessment system adopted by
9 each judicial circuit shall be in substantially the following form:
10 "Name:_________________ Date of Assessment ____________
11 Assessor name and agency: _____________________________________
12 Most Serious Present Charge: ________________________________
13 Pretrial Scoring Score
14 1. Age at first arrest
15 a. 33 or older = 0 points b. 22-33 = 1 point c. under 22 = 2 points ____
16 2. Prior failure to appear warrants past 36 months
17 a. None = 0 points b. One point for each previous warrant ____
18 3. Illegal drug use in past six months
19 a. None = 0 points b. yes = 1 point ____
20 4. Methamphetamine use/severe drug use problem
21 a. No = 0 points b. Yes = 2 points ____
22 5. Prior violence arrests
23 a. No = 0 points b. 1 point for each violence arrest ____
24 6. Residential stability
25 a. Missouri current residence > 6 months = 0 points
26 b. Missouri current residence < 6 months = 1 point
27 c. Homeless or non-Missouri resident = 2 points ____
28 7. Employment status
29 a. Employed or student or retired = 0 points
30 b. Unemployed = 2 points ____
31 8. Prior felony incarcerations
32 a. None or one = 0 points
33 b. Two or more = 2 points ____
34 9. Probation/parole status or pending charges at time of arrest

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35 a. No = 0 points b. Yes = 2 points ____
36
37 TOTAL SCORE ____
38 Scored risk level: 0-5 points. Low risk (presumed no warrant pretrial)
39 6-10 points. Moderate risk (presumed supervision pretrial)
40 11 points or more. High risk (Judicial discretion)
41 Override
42 rationale:______________________________________________________________
43 ________________________________________________________________________
44 _______________________________________________________________
45 Final Recommended Risk Level: ___ LOW___ MEDIUM ___ HIGH
46 Possible pretrial drug treatment/drug court track:
47 ____ YES ____ NO
48 Assessor's signature:_______________________"
49 If the risk assessment form is completed by a person other than the
50 prosecuting attorney, the risk assessment form shall be signed in the
51 presence of a notary public