Effective - 28 Aug 2022, 6 histories
217.703. Earned compliance credits awarded, when. — 1. The division of probation and parole shall award earned compliance credits to any offender who is:
(1) Not subject to lifetime supervision under sections 217.735 and 559.106 or otherwise found to be ineligible to earn credits by a court pursuant to subsection 2 of this section;
(2) On probation, parole, or conditional release for an offense listed in chapter 579, or an offense previously listed in chapter 195, or for a class D or E felony, excluding sections 565.225, 565.252, 566.031, 566.061, 566.083, 566.093, 568.020, 568.060, offenses defined as sexual assault under section 589.015, deviate sexual assault, assault in the second degree under subdivision (2) of subsection 1 of section 565.052, endangering the welfare of a child in the first degree under subdivision (2) of subsection 1 of section 568.045, and any offense of aggravated stalking or assault in the second degree under subdivision (2) of subsection 1 of section 565.060 as such offenses existed prior to January 1, 2017;
(3) Supervised by the division of probation and parole; and
(4) In compliance with the conditions of supervision imposed by the sentencing court or board.
2. If an offender was placed on probation, parole, or conditional release for an offense of:
(1) Involuntary manslaughter in the second degree;
(2) Assault in the second degree except under subdivision (2) of subsection 1 of section 565.052 or section 565.060 as it existed prior to January 1, 2017;
(3) Domestic assault in the second degree;
(4) Assault in the third degree when the victim is a special victim or assault of a law enforcement officer in the second degree as it existed prior to January 1, 2017;
(5) Statutory rape in the second degree;
(6) Statutory sodomy in the second degree;
(7) Endangering the welfare of a child in the first degree under subdivision (1) of subsection 1 of section 568.045; or
(8) Any case in which the defendant is found guilty of a felony offense under chapter 571;
the sentencing court may, upon its own motion or a motion of the prosecuting or circuit attorney, make a finding that the offender is ineligible to earn compliance credits because the nature and circumstances of the offense or the history and character of the offender indicate that a longer term of probation, parole, or conditional release is necessary for the protection of the public or the guidance of the offender. The motion may be made any time prior to the first month in which the person may earn compliance credits under this section or at a hearing under subsection 5 of this section. The offender's ability to earn credits shall be suspended until the court or board makes its finding. If the court or board finds that the offender is eligible for earned compliance credits, the credits shall begin to accrue on the first day of the next calendar month following the issuance of the decision.
3. Earned compliance credits shall reduce the term of probation, parole, or conditional release by thirty days for each full calendar month of compliance with the terms of supervision. Credits shall begin to accrue for eligible offenders after the first full calendar month of supervision or on October 1, 2012, if the offender began a term of probation, parole, or conditional release before September 1, 2012.
4. For the purposes of this section, the term "compliance" shall mean the absence of an initial violation report or notice of citation submitted by a probation or parole officer during a calendar month, or a motion to revoke or motion to suspend filed by a prosecuting or circuit attorney, against the offender.
5. Credits shall not accrue during any calendar month in which a violation report, which may include a report of absconder status, has been submitted, the offender is in custody, or a motion to revoke or motion to suspend has been filed, and shall be suspended pending the outcome of a hearing, if a hearing is held. If no hearing is held, or if a hearing is held and the offender is continued under supervision, or the court or board finds that the violation did not occur, then the offender shall be deemed to be in compliance and shall begin earning credits on the first day of the next calendar month following the month in which the report was submitted or the motion was filed. If a hearing is held, all earned credits shall be rescinded if:
(1) The court or board revokes the probation or parole or the court places the offender in a department program under subsection 4 of section 559.036; or
(2) The offender is found by the court or board to be ineligible to earn compliance credits because the nature and circumstances of the violation indicate that a longer term of probation, parole, or conditional release is necessary for the protection of the public or the guidance of the offender.
Earned credits, if not rescinded, shall continue to be suspended for a period of time during which the court or board has suspended the term of probation, parole, or release, and shall begin to accrue on the first day of the next calendar month following the lifting of the suspension.
6. Offenders who are deemed by the division to be absconders shall not earn credits. For purposes of this subsection, "absconder" shall mean an offender under supervision whose whereabouts are unknown and who has left such offender's place of residency without the permission of the offender's supervising officer and without notifying of their whereabouts for the purpose of avoiding supervision. An offender shall no longer be deemed an absconder when such offender is available for active supervision.
7. Notwithstanding subsection 2 of section 217.730 to the contrary, once the combination of time served in custody, if applicable, time served on probation, parole, or conditional release, and earned compliance credits satisfy the total term of probation, parole, or conditional release, the board or sentencing court shall order final discharge of the offender, so long as the offender has completed restitution and at least two years of his or her probation, parole, or conditional release, which shall include any time served in custody under section 217.718 and sections 559.036 and 559.115.
8. The award or rescission of any credits earned under this section shall not be subject to appeal or any motion for postconviction relief.
9. At least twice a year, the division shall calculate the number of months the offender has remaining on his or her term of probation, parole, or conditional release, taking into consideration any earned compliance credits, and notify the offender of the length of the remaining term.
10. No less than sixty days before the date of final discharge, the division shall notify the sentencing court, the board, and, for probation cases, the circuit or prosecuting attorney of the impending discharge. If the sentencing court, the board, or the circuit or prosecuting attorney upon receiving such notice does not take any action under subsection 5 of this section, the offender shall be discharged under subsection 7 of this section.
11. Any offender who was sentenced prior to January 1, 2017, to an offense that was eligible for earned compliance credits under subsection 1 or 2 of this section at the time of sentencing shall continue to remain eligible for earned compliance credits so long as the offender meets all the other requirements provided under this section.
12. The application of earned compliance credits shall be suspended upon entry into a treatment court, as described in sections 478.001 to 478.009, and shall remain suspended until the offender is discharged from such treatment court. Upon successful completion of treatment court, all earned compliance credits accumulated during the suspension period shall be retroactively applied, so long as the other terms and conditions of probation have been successfully completed.
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(L. 2012 H.B. 1525, A.L. 2013 H.B. 215, A.L. 2014 S.B. 491, A.L. 2014 H.B. 1371, A.L. 2018 H.B. 1355, A.L. 2018 1st Ex. Sess. H.B. 2, A.L. 2022 S.B. 775, et al.)
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.