HOUSE BILL NO. 1360 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE GRAGG.
2681H.03I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 558.041, RSMo, and to enact in lieu thereof one new section relating to credit earned by offenders.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 558.041, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 558.041, to read as follows: 558.041. 1. Any offender committed to the department of corrections, except those 2 persons committed pursuant to subsection 7 of section 558.016, or subsection 3 of section 3 566.125, [may] shall receive additional credit in terms of days spent in confinement upon 4 [recommendation for such credit by the offender's institutional superintendent] calculation of 5 such credit when the offender meets the requirements for such credit as provided in 6 [subsections 3 and 4 of] this section. Good time credit or earned time credit may be 7 rescinded by the director or his or her designee pursuant to the divisional policy issued 8 pursuant to subdivision (2) of subsection [3] 2 of this section. 9 2. (1) Any credit extended to an offender shall only apply to the sentence which the 10 offender is currently serving. 11 [3.] (2) The director of the department of corrections shall issue a policy for 12 awarding good time credit and, separately, earned time credit. 13 (3) The policy [may] shall reward an [inmate] offender who has served his or her 14 sentence in an orderly and peaceable manner [and has] through good time credit as 15 provided in subsection 3 of this section and award an offender who has successfully 16 taken advantage of the rehabilitation programs and productive activities available to him or 17 her through earned time credit as provided in subsection 4 of this section.
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. HB 1360 2
18 (4) Any major conduct violation of institutional rules [or], violation of the laws of 19 this state [may], parole revocation, or the accumulation of minor conduct violations 20 exceeding six within a calendar year shall result in the loss of all [or a portion of any] prior 21 credit earned by the [inmate] offender pursuant to this section. 22 [4. The department shall cause the policy to be published in the code of state 23 regulations. 24 5. No rule or portion of a rule promulgated under the authority of this chapter shall 25 become effective unless it has been promulgated pursuant to the provisions of section 26 536.024.] 27 3. (1) Subject to subsections 1 and 2 of this section, an offender who is serving a 28 term of imprisonment of more than one year, other than a term of imprisonment for the 29 duration of the offender's life, may receive good time credit toward the service of the 30 offender's sentence of up to fifty-four days for each year of the offender's sentence 31 imposed by the court, subject to yearly determination by the department of corrections 32 that during that year the offender has displayed exemplary compliance with 33 institutional disciplinary regulations. 34 (2) If the department of corrections determines that during the year the offender 35 has not satisfactorily complied with such institutional regulations, the offender shall 36 receive no good time credit toward service of sentence or shall receive such lesser credit 37 as the department determines to be appropriate. Credit that has not been earned shall 38 not later be granted. Credit for the last year of a term of imprisonment shall be credited 39 on the first day of the last year of the term of imprisonment. 40 4. (1) Subject to subsections 1 and 2 of this section, an offender who is serving a 41 term of imprisonment of more than one year, other than a term of imprisonment for the 42 duration of the offender's life, and who successfully participates in rehabilitative 43 programming or productive activities shall earn ten days of earned time credit for every 44 thirty days of successful participation in rehabilitative programming or productive 45 activities. 46 (2) An offender shall not receive earned time credits under this subsection for 47 programs completed prior to the date that the offender's sentence commenced. 48 (3) The department of corrections shall specify in its policies under subsection 2 49 of this section the types of programs or activities for which credit may be earned under 50 this section; the criteria for determining productive participation in, or completion of, 51 the programs or activities; and the criteria for annually awarding credit. Such 52 programs and activities shall include, but are not limited to, receiving a high school 53 diploma or equivalent, college diploma or professional certificate, or vocational training 54 certificates, and participating in successful employment, parenting, and financial HB 1360 3
55 literacy courses, alcohol and drug abuse treatment programs, and restorative justice 56 and faith-based programs. The department of corrections shall include provisions for 57 educational programming through correspondence courses. 58 (4) Beginning on January 1, 2026, but not later than December 31, 2026, eligible 59 offenders may petition the department to receive earned time credit for any qualifying 60 programs or activities completed after January 1, 2010, but before August 28, 2025. 61 (5) Beginning on August 28, 2025, earned time credit for programs completed on 62 or after such date shall be awarded on an annual basis. 63 (6) The department of corrections shall notify the incarcerated population of the 64 petition process through posted signage, electronic notification, and through staff in all 65 facilities and shall provide a petition form to offenders. 66 5. (1) Offenders sentenced under subsections 2 and 3 of section 558.019 shall be 67 eligible for good time credit and earned time credit and any credit earned shall be 68 subtracted from the offender's entire sentence of imprisonment. 69 (2) Offenders committed to the department who are sentenced to death or 70 sentenced to life without probation or parole shall not be eligible for good time credit or 71 earned time credit under this section; however, the department shall record their 72 program participation in the same manner as the eligible population. 73 (3) The incentives described in this section shall be in addition to any other 74 rewards or credits for which an offender may be eligible. 75 (4) Nothing in this section shall be construed to remove the parole board's 76 discretion in awarding good time credit or earned time credit. 77 6. The department of corrections shall prepare and submit an annual report to 78 the general assembly on good time credit and earned time credit, which shall include 79 information on the number of offenders receiving credit under both programs. ✔
Statutes affected: