HOUSE BILL NO. 2171 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE TERRY.
4592H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapters 217 and 557, RSMo, by adding thereto two new sections relating to confinement in a motivational boot camp.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapters 217 and 557, RSMo, are amended by adding thereto two new 2 sections, to be known as sections 217.1250 and 557.530, to read as follows: 217.1250. 1. The department of corrections shall establish a boot camp 2 incarceration program for persons sentenced under section 557.530, to be known as the 3 "Motivational Boot Camp Incarceration Program". 4 2. For purposes of this section, the following terms mean: 5 (1) "Department", the department of corrections; 6 (2) "Eligible inmate", a person seventeen years of age or older and younger than 7 twenty-two years of age who is sentenced to the program as provided under section 8 557.530; 9 (3) "Motivational boot camp", an incarceration program in which eligible 10 inmates participate for a period of two years in a humane program that provides for 11 rigorous physical activity and intensive regimentation and discipline; 12 (4) "Program", the motivational boot camp incarceration program established 13 under this section. 14 3. The program shall include: 15 (1) As a major component, a strong emphasis on work, physical activity, physical 16 conditioning, and good health practices;
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 2171 2
17 (2) A strong emphasis on intensive counseling and treatment programming 18 designed to correct criminal and other maladaptive thought processes and behavior 19 patterns and to instill self-discipline and self-motivation; 20 (3) A detailed, clearly written explanation of program goals, objectives, rules, 21 and criteria that shall be provided to, read by, and signed by all enrollees; and 22 (4) An enrollment period of two years. 23 4. Under section 23.253 of the Missouri sunset act: 24 (1) The provisions of the new program authorized under this section shall sunset 25 six years after the effective date of this section unless reauthorized by an act of the 26 general assembly; and 27 (2) This section shall terminate on September first of the calendar year 28 immediately following the calendar year in which the program authorized under this 29 section is sunset. 30 5. The department of corrections shall promulgate all necessary rules and 31 regulations for the implementation and administration of the program. Any rule or 32 portion of a rule, as that term is defined in section 536.010, that is created under the 33 authority delegated in this section shall become effective only if it complies with and is 34 subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This 35 section and chapter 536 are nonseverable and if any of the powers vested with the 36 general assembly pursuant to chapter 536 to review, to delay the effective date, or to 37 disapprove and annul a rule are subsequently held unconstitutional, then the grant of 38 rulemaking authority and any rule proposed or adopted after August 28, 2026, shall be 39 invalid and void. 557.530. 1. Any person who is seventeen years of age or older and under twenty- 2 two years of age and who has had two prior convictions for nonviolent criminal offenses 3 may upon a third conviction involving a nonviolent criminal offense that is not a class A 4 or class B felony be sentenced to the motivational boot camp incarceration program 5 established under section 217.1250 in lieu of a jail or prison sentence. 6 2. A person sentenced to the motivational boot camp incarceration program 7 under subsection 1 of this section shall be enrolled in the motivational boot camp 8 incarceration program for a period of two years. The time shall begin upon the initial 9 confinement in the program. 10 3. Before a court may place a person in the motivational boot camp 11 incarceration program, an initial investigation shall be completed by an officer 12 indicating that the: 13 (1) Person is qualified for placement in the motivational boot camp 14 incarceration program and the person does not appear to be physically or mentally HB 2171 3
15 disabled in a way that would prevent the person from performing strenuous physical 16 activity; 17 (2) Person is not under seventeen years of age and is not twenty-two years of age 18 or older at the time of sentencing; and 19 (3) Department of corrections has granted provisional approval of the placement 20 of the person in the motivational boot camp incarceration program. 21 4. A person exhibiting obvious signs of a contagious disease shall not be placed in 22 a motivational boot camp incarceration program until he or she has been cleared by a 23 medical professional for participation in a program. 24 5. The court shall direct the department of corrections to arrange with the 25 sheriff's department in the county of incarceration to have the person delivered to the 26 boot camp on a specific date that is not more than fifteen days after the issuance of the 27 order for placement in the motivational boot camp incarceration program. 28 6. At any time during the person's confinement in the motivational boot camp 29 incarceration program, but at least five days prior to the person's expected date of 30 release, the department of corrections shall certify to the court as to whether the person 31 has satisfactorily completed the motivational boot camp incarceration program. 32 7. Upon receipt of a satisfactory report of performance in the motivational boot 33 camp incarceration program from the department of corrections, the court shall release 34 the person from confinement, and, notwithstanding any provision of law, the offense for 35 which the person was sentenced to the boot camp may be expunged from the person's 36 criminal record. 37 8. Receipt of an unsatisfactory report shall be grounds for the court to impose 38 the remainder of the jail or prison sentence for the offense of which the person was 39 convicted. 40 9. If the person convicted indicates that he or she does not want to be sentenced 41 to the motivational boot camp incarceration program or the person is not eligible to be 42 sentenced to the motivational boot camp incarceration program, the court shall sentence 43 the person to jail or prison time as provided by law. 44 10. As used in this section, "nonviolent criminal offense" means any offense that 45 is not murder in the first or second degree, involuntary manslaughter, involuntary 46 manslaughter in the first or second degree, kidnapping, kidnapping in the first degree, 47 rape in the first degree, forcible rape, sodomy in the first degree, forcible sodomy, 48 robbery in the first degree, or assault in the first degree. ✔
Statutes affected: