Effective - 28 Aug 2021, 5 histories
217.690. Board may order release or parole — assessment, personal hearing — fee — rules — eligibility for parole, how calculated — first degree murder, eligibility for hearing — hearing procedure — notice — special conditions — education requirements, exceptions — rulemaking authority. — 1. All releases or paroles shall issue upon order of the parole board, duly adopted.
2. Before ordering the parole of any offender, the parole board shall conduct a validated risk and needs assessment and evaluate the case under the rules governing parole that are promulgated by the parole board. The parole board shall then have the offender appear before a hearing panel and shall conduct a personal interview with him or her, unless waived by the offender, or if the guidelines indicate the offender may be paroled without need for an interview. The guidelines and rules shall not allow for the waiver of a hearing if a victim requests a hearing. The appearance or presence may occur by means of a videoconference at the discretion of the parole board. A parole may be ordered for the best interest of society when there is a reasonable probability, based on the risk assessment and indicators of release readiness, that the person can be supervised under parole supervision and successfully reintegrated into the community, not as an award of clemency; it shall not be considered a reduction of sentence or a pardon. Every offender while on parole shall remain in the legal custody of the department but shall be subject to the orders of the parole board.
3. The division of probation and parole has discretionary authority to require the payment of a fee, not to exceed sixty dollars per month, from every offender placed under division supervision on probation, parole, or conditional release, to waive all or part of any fee, to sanction offenders for willful nonpayment of fees, and to contract with a private entity for fee collections services. All fees collected shall be deposited in the inmate fund established in section 217.430. Fees collected may be used to pay the costs of contracted collections services. The fees collected may otherwise be used to provide community corrections and intervention services for offenders. Such services include substance abuse assessment and treatment, mental health assessment and treatment, electronic monitoring services, residential facilities services, employment placement services, and other offender community corrections or intervention services designated by the division of probation and parole to assist offenders to successfully complete probation, parole, or conditional release. The division of probation and parole shall adopt rules not inconsistent with law, in accordance with section 217.040, with respect to sanctioning offenders and with respect to establishing, waiving, collecting, and using fees.
4. The parole board shall adopt rules not inconsistent with law, in accordance with section 217.040, with respect to the eligibility of offenders for parole, the conduct of parole hearings or conditions to be imposed upon paroled offenders. Whenever an order for parole is issued it shall recite the conditions of such parole.
5. When considering parole for an offender with consecutive sentences, the minimum term for eligibility for parole shall be calculated by adding the minimum terms for parole eligibility for each of the consecutive sentences, except the minimum term for parole eligibility shall not exceed the minimum term for parole eligibility for an ordinary life sentence.
6. Any offender sentenced to a term of imprisonment amounting to fifteen years or more or multiple terms of imprisonment that, taken together, amount to fifteen or more years who was under eighteen years of age at the time of the commission of the offense or offenses may be eligible for parole after serving fifteen years of incarceration, regardless of whether the case is final for the purposes of appeal, and may be eligible for reconsideration hearings in accordance with regulations promulgated by the parole board.
7. The provisions of subsection 6 of this section shall not apply to an offender found guilty of murder in the first degree or capital murder who was under eighteen years of age when the offender committed the offense or offenses who may be found ineligible for parole or whose parole eligibility may be controlled by section 558.047 or 565.033.
8. Any offender under a sentence for first degree murder who has been denied release on parole after a parole hearing shall not be eligible for another parole hearing until at least three years from the month of the parole denial; however, this subsection shall not prevent a release pursuant to subsection 4 of section 558.011.
9. A victim who has requested an opportunity to be heard shall receive notice that the parole board is conducting an assessment of the offender's risk and readiness for release and that the victim's input will be particularly helpful when it pertains to safety concerns and specific protective measures that may be beneficial to the victim should the offender be granted release.
10. Parole hearings shall, at a minimum, contain the following procedures:
(1) The victim or person representing the victim who attends a hearing may be accompanied by one other person;
(2) The victim or person representing the victim who attends a hearing shall have the option of giving testimony in the presence of the inmate or to the hearing panel without the inmate being present;
(3) The victim or person representing the victim may call or write the parole board rather than attend the hearing;
(4) The victim or person representing the victim may have a personal meeting with a parole board member at the parole board's central office;
(5) The judge, prosecuting attorney or circuit attorney and a representative of the local law enforcement agency investigating the crime shall be allowed to attend the hearing or provide information to the hearing panel in regard to the parole consideration; and
(6) The parole board shall evaluate information listed in the juvenile sex offender registry pursuant to section 211.425, provided the offender is between the ages of seventeen and twenty-one, as it impacts the safety of the community.
11. The parole board shall notify any person of the results of a parole eligibility hearing if the person indicates to the parole board a desire to be notified.
12. The parole board may, at its discretion, require any offender seeking parole to meet certain conditions during the term of that parole so long as said conditions are not illegal or impossible for the offender to perform. These conditions may include an amount of restitution to the state for the cost of that offender's incarceration.
13. Special parole conditions shall be responsive to the assessed risk and needs of the offender or the need for extraordinary supervision, such as electronic monitoring. The parole board shall adopt rules to minimize the conditions placed on low-risk cases, to frontload conditions upon release, and to require the modification and reduction of conditions based on the person's continuing stability in the community. Parole board rules shall permit parole conditions to be modified by parole officers with review and approval by supervisors.
14. Nothing contained in this section shall be construed to require the release of an offender on parole nor to reduce the sentence of an offender heretofore committed.
15. Beginning January 1, 2001, the parole board shall not order a parole unless the offender has obtained a high school diploma or its equivalent, or unless the parole board is satisfied that the offender, while committed to the custody of the department, has made an honest good-faith effort to obtain a high school diploma or its equivalent; provided that the director may waive this requirement by certifying in writing to the parole board that the offender has actively participated in mandatory education programs or is academically unable to obtain a high school diploma or its equivalent.
16. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2005, shall be invalid and void.
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(L. 1982 H.B. 1196 § 123, A.L. 1986 S.B. 450, A.L. 1987 S.B. 261, A.L. 1989 H.B. 128, et al., H.B. 408, A.L. 1992 S.B. 638, A.L. 1995 H.B. 424, A.L. 2002 S.B. 969, et al., A.L. 2005 H.B. 700, A.L. 2018 H.B. 1355, A.L. 2021 S.B. 26 merged with S.B. 53 & 60)
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.