Effective - 28 Aug 2012
217.147. Sentencing and corrections oversight commission, members, terms, duties, report, expiration date. — 1. There is hereby created the "Sentencing and Corrections Oversight Commission". The commission shall be composed of thirteen members as follows:
(1) A circuit court judge to be appointed by the chief justice of the Missouri supreme court;
(2) Three members to be appointed by the governor with the advice and consent of the senate, one of whom shall be a victim's advocate, one of whom shall be a representative from the Missouri Sheriffs' Association, and one of whom shall be a representative of the Missouri Association of Counties;
(3) The following shall be ex officio, voting members:
(a) The chair of the senate judiciary committee, or any successor committee that reviews legislation involving crime and criminal procedure, who shall serve as co-chair of the commission and the ranking minority member of such senate committee;
(b) The chair of the appropriations-public safety and corrections committee of the house of representatives, or any successor committee that reviews similar legislation, who shall serve as co-chair and the ranking minority member of such house committee;
(c) The director of the Missouri state public defender system, or his or her designee who is a practicing public defender;
(d) The executive director of the Missouri office of prosecution services, or his or her designee who is a practicing prosecutor;
(e) The director of the department of corrections, or his or her designee;
(f) The chairman of the board of probation and parole, or his or her designee;
(g) The chief justice of the Missouri supreme court, or his or her designee.
2. Beginning with the appointments made after August 28, 2012, the circuit court judge member shall be appointed for four years, two of the members appointed by the governor shall be appointed for three years, and one member appointed by the governor shall be appointed for two years. Thereafter, the members shall be appointed to serve four-year terms and shall serve until a successor is appointed. A vacancy in the office of a member shall be filled by appointment for the remainder of the unexpired term.
3. The co-chairs are responsible for establishing and enforcing attendance and voting rules, bylaws, and the frequency, location, and time of meetings, and distributing meeting notices, except that the commission's first meeting shall occur by February 28, 2013, and the commission shall meet at least twice each calendar year.
4. The duties of the commission shall include:
(1) Monitoring and assisting the implementation of sections 217.703, 217.718, and subsection 4 of section 559.036, and evaluating recidivism reductions, cost savings, and other effects resulting from the implementation;
(2) Determining ways to reinvest any cost savings to pay for the continued implementation of the sections listed in subdivision (1) of this subsection and other evidence-based practices for reducing recidivism; and
(3) Examining the issue of restitution for crime victims, including the amount ordered and collected annually, methods and costs of collection, and restitution's order of priority in official procedures and documents.
5. The department, board, and office of state courts* administrator shall collect and report any data requested by the commission in a timely fashion.
6. The commission shall issue a report to the speaker of the house of representatives, senate president pro tempore, chief justice of the Missouri supreme court, and governor on December 31, 2013, and annually thereafter, detailing the effects of the sections listed in subdivision (1) of subsection 4 and providing the data and analysis demonstrating those effects. The report may also recommend ways to reinvest any cost savings into evidence-based practices to reduce recidivism and possible changes to sentencing and corrections policies and statutes.
7. The department of corrections shall provide administrative support to the commission to carry out the duties of this section.
8. No member shall receive any compensation for the performance of official duties, but the members who are not otherwise reimbursed by their agency shall be reimbursed for travel and other expenses actually and necessarily incurred in the performance of their duties.
9. The provisions of this section shall automatically expire on August 28, 2018.
--------
(L. 2012 H.B. 1525)
Expires 8-28-18
*Word "court" appears in original rolls.
Structure Missouri Revised Statutes
Title XIII - Correctional and Penal Institutions
Chapter 217 - Department of Corrections
Section 217.010 - Definitions.
Section 217.020 - Department's powers and duties.
Section 217.021 - Community behavioral health program, purpose — department duties.
Section 217.022 - Prison impact statements, required, when.
Section 217.025 - Director of department, appointment, qualifications, bond, duties.
Section 217.030 - Directors of divisions, appointment — appointment of general personnel.
Section 217.040 - Rulemaking authority.
Section 217.043 - United States government, contract powers of department.
Section 217.045 - Federal funds, authority to receive — applications for funds, procedure.
Section 217.050 - Department to sue in name of director — interest authorized.
Section 217.070 - State auditor to have access to all records, confidentiality.
Section 217.080 - Department and division to maintain central office in Jefferson City.
Section 217.092 - Leased prison space, deposit of payments.
Section 217.095 - Condemnation powers, when, procedure.
Section 217.110 - Workers' compensation to cover all employees of the department.
Section 217.125 - Offenders, labor restrictions.
Section 217.128 - Employee held hostage eligible for paid leave of absence.
Section 217.130 - Living quarters furnished to employees, fees.
Section 217.135 - Food furnished in correctional center, employees to purchase, exception.
Section 217.141 - Electrified security fence systems authorized.
Section 217.165 - Chief administrative officers of each correctional center, appointment.
Section 217.170 - Chief administrative officers, duties.
Section 217.175 - Rules and regulations, division director's authority to promulgate.
Section 217.180 - Annual report of division, contents.
Section 217.185 - Reports by chief administrative officers, monthly, to division director, contents.
Section 217.197 - Offender personal property, allowed when — unauthorized property, disposition of.
Section 217.199 - Feminine hygiene products, available at no cost to female offenders.
Section 217.210 - Capacity of correctional centers, how determined — emergency assignment.
Section 217.220 - Death sentence commutation, admittance to correctional center.
Section 217.230 - Health care services for correctional centers.
Section 217.235 - Chaplain, appointment or arrangement for religious services.
Section 217.240 - Food and clothing of offenders — food deprivation not to be used as punishment.
Section 217.245 - Medical excuse from participation in required activities, procedure.
Section 217.265 - Visitors, regulation of — clergymen's privileges.
Section 217.270 - Parole board to have access to offenders and records, when.
Section 217.275 - Carrying letters or writings without authorization prohibited, penalty.
Section 217.305 - Delivery of prisoners to correctional centers with certain required information.
Section 217.310 - Examination of new prisoners — identification data recorded.
Section 217.315 - System of identification, department to establish.
Section 217.320 - Identification systems, officers not liable for acts done in enforcing law.
Section 217.325 - Identification system mandatory.
Section 217.330 - Department to conduct tests — assignment of offender.
Section 217.335 - Classification teams, established — appointment, qualifications, duties.
Section 217.337 - Schedule of activities, work, and program, adherence to, exemption.
Section 217.343 - Emancipation of certain juvenile offenders for certain purposes.
Section 217.350 - Transfer of offender, when.
Section 217.355 - Education programs established, what included, enrollment required, when.
Section 217.361 - Risk and need assessment tools — department procedures, duties.
Section 217.365 - Offenders not to carry money, exceptions, violations, treated as contraband.
Section 217.385 - Violence or injury to others or property by offender, penalty.
Section 217.390 - Escape, defined — penalty.
Section 217.395 - Escapee's apprehension — reward may be offered, limitations.
Section 217.400 - Furnishing unfit food to offenders, penalty.
Section 217.405 - Offender abuse, penalty — employees not to use physical force, exception.
Section 217.412 - Autopsy required, when — reports to be maintained by department.
Section 217.415 - Disqualification from holding position in correctional facility, when.
Section 217.435 - Work or educational release program.
Section 217.440 - Program of restorative justice, requirements.
Section 217.455 - Director of division of adult institutions to transmit information and request.
Section 217.460 - Trial to be held, when — failure, effect.
Section 217.465 - Escape by offender, effect of.
Section 217.470 - Transportation expenses, how paid.
Section 217.480 - Uniformity of construction.
Section 217.485 - Title of the law.
Section 217.490 - Agreement on detainers adopted — compact text.
Section 217.495 - Appropriate court defined.
Section 217.500 - Enforcement and cooperation required of whom.
Section 217.505 - Compact not to require application of habitual offender law.
Section 217.510 - Escape by offender, effect on.
Section 217.515 - Chief administrative officer to deliver offender, when.
Section 217.520 - Governor to designate administrator.
Section 217.525 - Director authorized to contract with United States for stated purposes.
Section 217.530 - Convicted offender not to be transferred to state where wanted for crime.
Section 217.535 - Compact adopted — text — contract must comply.
Section 217.540 - Powers and duties of director, delegation authorized.
Section 217.542 - Failure to return to house arrest, felony.
Section 217.560 - Enterprise program diversification and purpose.
Section 217.565 - Director to provide plants, machinery and materials — distribution of products.
Section 217.570 - Sales of prison industry goods and services, procedure — open market sales, when.
Section 217.590 - Violations of sections 217.575 and 217.580, penalty.
Section 217.650 - Definitions.
Section 217.655 - Parole board, general duties — division duties.
Section 217.682 - Secretary to be appointed, duties.
Section 217.703 - Earned compliance credits awarded, when.
Section 217.705 - Probation, parole, institutional parole, officers — appointment — duties.
Section 217.718 - Alternative to revocation proceedings, period of detention, requirements.
Section 217.725 - Board may parole prisoner held on warrant.
Section 217.750 - Probation services provided to circuit courts, when.
Section 217.755 - Probation services for courts, rules authorized.
Section 217.800 - Pardons by governor — conditions and restrictions — notice to central repository.
Section 217.805 - Governor may remit fine or forfeiture.
Section 217.810 - Interstate compact for supervision of parolees and probationers.
Section 217.825 - Citation of law.
Section 217.827 - Definitions.
Section 217.833 - Percent of offender's assets that may be used for reimbursement — limitation.
Section 217.839 - Attorney general's powers and duties — assistance by certain officials required.
Section 217.845 - CARES Act moneys received by offender for COVID-19 to be used for restitution.
Section 217.930 - Suspension of MO HealthNet medical assistance in lieu of termination, when.
Section 217.940 - Nursery program to be established, purpose — definitions.
Section 217.941 - Eligibility, placement, and program capacity.
Section 217.942 - Written agreement, contents — program policy required.
Section 217.943 - Termination of participation, when.
Section 217.945 - Correctional center nursery program fund created, use of moneys.
Section 217.946 - Regulation and oversight by other agencies subject to department consent.