HOUSE BILL NO. 2256 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE HOVIS.
4930H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal sections 217.760 and 558.019, RSMo, and to enact in lieu thereof two new sections relating to minimum prison terms, with a delayed effective date.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 217.760 and 558.019, RSMo, are repealed and two new sections 2 enacted in lieu thereof, to be known as sections 217.760 and 558.019, to read as follows: 217.760. 1. In all felony cases and class A misdemeanor cases, the basis of which 2 misdemeanor cases are contained in chapters 565 and 566 and section 577.023, at the request 3 of a circuit judge of any circuit court, the division of probation and parole shall assign one or 4 more state probation and parole officers to make an investigation of the person convicted of 5 the crime or offense before sentence is imposed. In all felony cases in which the 6 recommended sentence established by the sentencing advisory commission pursuant to 7 subsection [7] 6 of section 558.019 includes probation but the recommendation of the 8 prosecuting attorney or circuit attorney does not include probation, the division of probation 9 and parole shall, prior to sentencing, provide the judge with a report on available alternatives 10 to incarceration. If a presentence investigation report is completed then the available 11 alternatives shall be included in the presentence investigation report. 12 2. The report of the presentence investigation or preparole investigation shall contain 13 any prior criminal record of the defendant and such information about his or her 14 characteristics, his or her financial condition, his or her social history, the circumstances 15 affecting his or her behavior as may be helpful in imposing sentence or in granting probation 16 or in the correctional treatment of the defendant, information concerning the impact of the 17 crime upon the victim, the recommended sentence established by the sentencing advisory
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 2256 2
18 commission and available alternatives to incarceration including opportunities for restorative 19 justice, as well as a recommendation by the probation and parole officer. The officer shall 20 secure such other information as may be required by the court and, whenever it is practicable 21 and needed, such investigation shall include a physical and mental examination of the 22 defendant. 558.019. 1. This section shall not be construed to affect the powers of the governor 2 under Article IV, Section 7, of the Missouri Constitution. This statute shall not affect those 3 provisions of section 565.020 [or], section 566.125, or section 571.015, which set minimum 4 terms of sentences, or the provisions of section 559.115, relating to probation. 5 2. [The provisions of subsections 2 to 5 of this section shall only be applicable to the 6 offenses contained in sections 565.021, 565.023, 565.024, 565.027, 565.050, 565.052, 7 565.054, 565.072, 565.073, 565.074, 565.090, 565.110, 565.115, 565.120, 565.153, 565.156, 8 565.225, 565.300, 566.030, 566.031, 566.032, 566.034, 566.060, 566.061, 566.062, 566.064, 9 566.067, 566.068, 566.069, 566.071, 566.083, 566.086, 566.100, 566.101, 566.103, 566.111, 10 566.115, 566.145, 566.151, 566.153, 566.203, 566.206, 566.209, 566.210, 566.211, 566.215, 11 568.030, 568.045, 568.060, 568.065, 568.175, 569.040, 569.160, 570.023, 570.025, 570.030 12 when punished as a class A, B, or C felony, 570.145 when punished as a class A or B felony, 13 570.223 when punished as a class B or C felony, 571.020, 571.030, 571.070, 573.023, 14 573.025, 573.035, 573.037, 573.200, 573.205, 574.070, 574.080, 574.115, 575.030, 575.150, 15 575.153, 575.155, 575.157, 575.200 when punished as a class A felony, 575.210, 575.230 16 when punished as a class B felony, 575.240 when punished as a class B felony, 576.070, 17 576.080, 577.010, 577.013, 577.078, 577.703, 577.706, 579.065, and 579.068 when punished 18 as a class A or B felony. For the purposes of this section, "prison commitment" means and is 19 the receipt by the department of corrections of an offender after sentencing. For purposes of 20 this section, prior prison commitments to the department of corrections shall not include an 21 offender's first incarceration prior to release on probation under section 217.362 or 559.115.] 22 Other provisions of the law to the contrary notwithstanding, any offender who has been found 23 guilty after August 28, 2026, of a felony other than a dangerous felony as defined in section 24 556.061 and is committed to the department of corrections shall be required to serve the 25 following minimum prison terms: 26 (1) If the offender has one or two previous [prison commitment to the department of 27 corrections for a felony offense] convictions for felonies unrelated to the present offense, 28 the minimum prison term [which] that the offender [must] shall serve shall be [forty] fifty 29 percent of his or her sentence or until the offender attains seventy years of age, and has served 30 at least [thirty] forty percent of the sentence imposed, whichever occurs first; 31 (2) [If the offender has two previous prison commitments to the department of 32 corrections for felonies unrelated to the present offense, the minimum prison term which the HB 2256 3
33 offender must serve shall be fifty percent of his or her sentence or until the offender attains 34 seventy years of age, and has served at least forty percent of the sentence imposed, whichever 35 occurs first; 36 (3)] If the offender has three or more previous [prison commitments to the department 37 of corrections] convictions for felonies unrelated to the present offense, the minimum prison 38 term [which] that the offender [must] shall serve shall be eighty percent of his or her 39 sentence or until the offender attains seventy years of age, and has served at least forty 40 percent of the sentence imposed, whichever occurs first. 41 3. Other provisions of the law to the contrary notwithstanding, any offender who has 42 been found guilty of a dangerous felony as defined in section 556.061 and is committed to the 43 department of corrections shall be required to serve a minimum prison term of eighty-five 44 percent of the sentence imposed by the court or until the offender attains seventy years of age, 45 and has served at least forty percent of the sentence imposed, whichever occurs first. 46 4. For the purpose of determining the minimum prison term to be served, the 47 following calculations shall apply: 48 (1) A sentence of life shall be calculated to be thirty years; 49 (2) Any sentence either alone or in the aggregate with other consecutive sentences for 50 offenses committed at or near the same time which is over seventy-five years shall be 51 calculated to be seventy-five years. 52 5. For purposes of this section, the term "minimum prison term" shall mean time 53 required to be served by the offender before he or she is eligible for parole, conditional 54 release or other early release by the department of corrections. 55 6. [An offender who was convicted of, or pled guilty to, a felony offense other than 56 those offenses listed in subsection 2 of this section prior to August 28, 2019, shall no longer 57 be subject to the minimum prison term provisions under subsection 2 of this section, and shall 58 be eligible for parole, conditional release, or other early release by the department of 59 corrections according to the rules and regulations of the department. 60 7.] (1) A sentencing advisory commission is hereby created to consist of eleven 61 members. One member shall be appointed by the speaker of the house. One member shall be 62 appointed by the president pro tem of the senate. One member shall be the director of the 63 department of corrections. Six members shall be appointed by and serve at the pleasure of the 64 governor from among the following: the public defender commission; private citizens; a 65 private member of the Missouri Bar; the board of probation and parole; and a prosecutor. 66 Two members shall be appointed by the supreme court, one from a metropolitan area and one 67 from a rural area. All members shall be appointed to a four-year term. All members of the 68 sentencing commission appointed prior to August 28, 1994, shall continue to serve on the 69 sentencing advisory commission at the pleasure of the governor. HB 2256 4
70 (2) The commission shall study sentencing practices in the circuit courts throughout 71 the state for the purpose of determining whether and to what extent disparities exist among 72 the various circuit courts with respect to the length of sentences imposed and the use of 73 probation for offenders convicted of the same or similar offenses and with similar criminal 74 histories. The commission shall also study and examine whether and to what extent 75 sentencing disparity among economic and social classes exists in relation to the sentence of 76 death and if so, the reasons therefor, if sentences are comparable to other states, if the length 77 of the sentence is appropriate, and the rate of rehabilitation based on sentence. It shall 78 compile statistics, examine cases, draw conclusions, and perform other duties relevant to the 79 research and investigation of disparities in death penalty sentencing among economic and 80 social classes. 81 (3) The commission shall study alternative sentences, prison work programs, work 82 release, home-based incarceration, probation and parole options, and any other programs and 83 report the feasibility of these options in Missouri. 84 (4) The governor shall select a chairperson who shall call meetings of the commission 85 as required or permitted pursuant to the purpose of the sentencing commission. 86 (5) The members of the commission shall not receive compensation for their duties 87 on the commission, but shall be reimbursed for actual and necessary expenses incurred in the 88 performance of these duties and for which they are not reimbursed by reason of their other 89 paid positions. 90 (6) The circuit and associate circuit courts of this state, the office of the state courts 91 administrator, the department of public safety, and the department of corrections shall 92 cooperate with the commission by providing information or access to information needed by 93 the commission. The office of the state courts administrator will provide needed staffing 94 resources. 95 [8.] 7. Courts shall retain discretion to lower or exceed the sentence recommended by 96 the commission as otherwise allowable by law, and to order restorative justice methods, when 97 applicable. 98 [9.] 8. If the imposition or execution of a sentence is suspended, the court may order 99 any or all of the following restorative justice methods, or any other method that the court 100 finds just or appropriate: 101 (1) Restitution to any victim or a statutorily created fund for costs incurred as a result 102 of the offender's actions; 103 (2) Offender treatment programs; 104 (3) Mandatory community service; 105 (4) Work release programs in local facilities; and 106 (5) Community-based residential and nonresidential programs. HB 2256 5
107 [10.] 9. Pursuant to subdivision (1) of subsection [9] 8 of this section, the court may 108 order the assessment and payment of a designated amount of restitution to a county law 109 enforcement restitution fund established by the county commission pursuant to section 110 50.565. Such contribution shall not exceed three hundred dollars for any charged offense. 111 Any restitution moneys deposited into the county law enforcement restitution fund pursuant 112 to this section shall only be expended pursuant to the provisions of section 50.565. 113 [11.] 10. A judge may order payment to a restitution fund only if such fund had been 114 created by ordinance or resolution of a county of the state of Missouri prior to sentencing. A 115 judge shall not have any direct supervisory authority or administrative control over any fund 116 to which the judge is ordering a person to make payment. 117 [12.] 11. A person who fails to make a payment to a county law enforcement 118 restitution fund may not have his or her probation revoked solely for failing to make such 119 payment unless the judge, after evidentiary hearing, makes a finding supported by a 120 preponderance of the evidence that the person either willfully refused to make the payment or 121 that the person willfully, intentionally, and purposefully failed to make sufficient bona fide 122 efforts to acquire the resources to pay. 123 [13.] 12. Nothing in this section shall be construed to allow the sentencing advisory 124 commission to issue recommended sentences in specific cases pending in the courts of this 125 state. Section B. The repeal and reenactment of sections 217.760 and 558.019 of this act 2 shall become effective on July 1, 2027. ✔
Statutes affected: