Missouri Statute | Act | Code |Correctional And Penal Institutions| US Code - US Statute

As used in this chapter and chapter 558, RSMo, unless the
context clearly indicates otherwise, the following terms shall mean:

(1) "Administrative segregation unit", a cell for the segregation of
offenders from the general population of a facility for relatively
extensive periods of time;

(2) "Board", the board of probation and parole;

(3) "Chief administrative officer", the institutional head of any
correctional facility or his designee;

(4) "Correctional center", any premises or institution where
incarceration, evaluation, care, treatment, or rehabilitation is provided
to persons who are under the department's authority;

(5) "Department", the department of corrections of the state of Missouri;

(6) "Director", the director of the department of corrections or his
designee;

(7) "Disciplinary segregation", a cell for the segregation of offenders
from the general population of a correctional center because the offender
has been found to have committed a violation of a division or facility
rule and other available means are inadequate to regulate the offender's
behavior;

(8) "Division", a statutorily created agency within the department or an
agency created by the departmental organizational plan;

(9) "Division director", the director of a division of the department or
his designee;

(10) "Local volunteer community board", a board of qualified local
community volunteers selected by the court for the purpose of working in
partnership with the court and the department of corrections in a
reparative probation program;

(11) "Nonviolent offender", any offender who is convicted of a crime
other than murder in the first or second degree, involuntary
manslaughter, kidnapping, forcible rape, forcible sodomy, robbery in the
first degree or assault in the first degree;

(12) "Offender", a person under supervision or an inmate in the custody
of the department;

(13) "Probation", a procedure under which a defendant found guilty of a
crime upon verdict or plea is released by the court without imprisonment,
subject to conditions imposed by the court and subject to the supervision
of the board;

(14) "Volunteer", any person who, of his own free will, performs any
assigned duties for the department or its divisions with no monetary or
material compensation. (L. 1982 H.B. 1196 § 2, A.L. 1984 S.B. 611, A.L.
1989 H.B. 408, A.L. 1994 S.B. 763, A.L. 1995 H.B. 424, A.L. 1997 H.B. 823
merged with S.B. 430)

Effective 7-14-97 (H.B. 823) 8-28-97 (S.B. 430)

1. The department shall supervise and manage all correctional
centers, and probation and parole of the state of Missouri.

2. The department shall be composed of the following divisions:

(1) The division of human services;

(2) The division of adult institutions;

(3) The board of probation and parole; and

(4) The division of offender rehabilitative services.

3. Each division may be subdivided by the director into such sections,
bureaus, or offices as is necessary to carry out the duties assigned by
law.

4. The department shall operate a women offender program to be supervised
by a director of women's programs. The purpose of the women offender
program shall be to ensure that female offenders are provided a continuum
of supervision strategies and program services reflecting best practices
for female probationers, prisoners and parolees in areas including but
not limited to classification, diagnostic processes, facilities, medical
and mental health care, child custody and visitation.

5. There shall be an advisory committee under the direction of the
director of women's programs. The members of the committee shall include
the director of the office on* women's health, the director of the
department of mental health or a designee and four others appointed by
the director of the department of corrections. The committee shall
address the needs of women in the criminal justice system as they are
affected by the changes in their community, family concerns, the judicial
system and the organization and available resources of the department of
corrections. (L. 1982 H.B. 1196 § 1, A.L. 1989 H.B. 408, A.L. 1990 H.B.
974, A.L. 1995 H.B. 424, A.L. 2001 H.B. 180 merged with S.B. 200)

*Word "of" appears in original rolls.

The department shall:

(1) Supervise and control programs assigned to it and any of its
divisions by the general assembly;

(2) Have the authority to sue and be sued;

(3) Advise, consult and cooperate with other state agencies, local
governmental units, private entities, other states and interstate and
interlocal agencies in developing and implementing programs to fulfill
the department's responsibilities. (L. 1982 H.B. 1196 § 3, A.L. 1989 H.B.
408)

1. The fiscal note of any legislation introduced into either
house of the general assembly that would affect the number of persons
supervised by the Missouri department of corrections or affect any
program or service provided by the department shall be accompanied by a
prison impact statement, as defined in subsection 2 of this section.

2. The department of corrections shall, in consultation with the
oversight division of the committee on legislative research, prepare and
furnish prison impact statements. Such impact statement shall be provided
to the legislative committee to which such bill is assigned prior to
holding the public hearing on the pending bill, and to all members of the
general assembly prior to perfection of pending bill. A prison impact
statement shall include:

(1) Projections of the impact on prison, probation and parole populations;

(2) An estimate of the fiscal impact of such populations, including the
need for construction and the operation of correctional centers for the
current fiscal year and up to ten succeeding fiscal years;

(3) An analysis of any other significant factors affecting the cost of
the measure and its impact on the operations of components of the
criminal justice system; and

(4) A statement of the assumptions and the methodologies utilized in
preparing the statement. (L. 1995 H.B. 424 § 4)

1. The general supervision, management and control of the
department of corrections shall be in the director of corrections, who
shall be appointed by the governor, by and with the advice and consent of
the senate.

2. The director shall be a person of recognized character and integrity,
and have such education, training, proven executive ability and
experience as will fit for the successful performance of the official
duties of the director. The director shall have education, training and
experience in correctional management. The director shall be a citizen of
the United States, but need not be a resident of the state of Missouri at
the time of appointment. Before entering into the official duties of
office, the director shall take an oath or affirmation to support the
Constitution of the United States and the Constitution of the State of
Missouri and to faithfully demean himself or herself in the office of the
director. The director shall enter into a good and sufficient corporate
surety bond, payable to the state of Missouri, conditioned upon the
faithful discharge and performance of the official duties of the
director. The bond shall be approved by the attorney general as to form
and by the governor as to its sufficiency. The premium on the bond shall
be paid by the state. The director shall devote full time to the official
duties of the director, with primary responsibility being to ensure that
positive efforts are made to ensure the public safety. The secondary
responsibility of the director shall be to institute various
rehabilitative programs which should include, but are not limited to, the
areas of education, vocational training, treatment, counseling and
guidance and an overall approach aimed at reducing recidivism.

3. The director shall establish the duties and responsibilities of
employees of the department, shall supervise their work assignments and
may require reports from any employee as to his conduct and management
relating to the correctional centers and programs of the department. The
director shall also be responsible for the implementation of uniform
policies and procedures governing offenders and staff.

4. The director shall have control and jurisdiction over all persons who
are legally sentenced, assigned and committed to the custody and
supervision of the department.

5. The director shall have control and jurisdiction over all real estate,
buildings, equipment, machinery, correctional centers and products
properly belonging to, or used by, or in connection with any facility
within the department except where such control and jurisdiction are
reserved to others by law.

6. The director shall make and enforce such rules, regulations, orders
and findings as the director may deem necessary for the proper management
of all correctional centers and persons subject to the department's
control.

7. The director shall establish and maintain correctional centers and
units, as provided by appropriations, for the segregation of male and
female offenders, and for the classification of offenders based on the
level of security, supervision and program needs.

8. The director shall prepare and submit an annual budget of all funds
necessary to be expended by the department and by the divisions of the
department.

9. The director shall prepare and submit to the governor and the general
assembly a written report of the administration of his duties, together
with such recommendations and suggestions as the director may deem
advisable. It may include projects, plans, accomplishments, together with
statistics and summaries of financial receipts and expenditures. The
director shall also advise the governor and the joint committee on
corrections as to any improvements that may appear necessary for the
efficiency, economy and general well-being of offenders, correctional
centers, programs, and the department.

10. The director shall initiate and direct the development of a
long-range plan to provide comprehensive integrated programs to
accomplish the purpose of this chapter. (L. 1982 H.B. 1196 § 4, A.L. 1984
S.B. 528, A.L. 1989 H.B. 408, A.L. 1990 H.B. 974, A.L. 1995 H.B. 424)

The director shall appoint the directors of the divisions of the
department, except the chairman of the board of probation and parole who
shall be appointed by the governor and who shall serve as the director of
the division of probation and parole. Division directors shall serve at
the pleasure of the director, except the chairman of the board of
probation and parole who shall serve in the capacity of chairman at the
pleasure of the governor. The director of the department shall be the
appointing authority under chapter 36, RSMo, to employ such
administrative, technical and other personnel who may be assigned to the
department generally rather than to any of the department divisions or
facilities and whose employment is necessary for the performance of the
powers and duties of the department. (L. 1982 H.B. 1196 § 5)

The director shall have the authority to:

(1) Establish, with approval of the governor, the internal organization
of the department and file the plan thereof with the secretary of state
in the manner in which administrative rules are filed, the commissioner
of administration and the revisor of statutes;

(2) Exclusively prepare the budgets of the department and each division
within the department in the form and manner set out by statute or by the
commissioner of administration;

(3) Designate by written order filed with the governor, the president pro
tem of the senate, and the chairman of the joint committee on
corrections, a deputy director of the department to act for and exercise
the powers of the director during the director's absence for official
business, vacation, illness or incapacity. The deputy director shall
serve as acting director no longer than six months; however, after the
deputy director has acted as director for longer than thirty days the
deputy director shall receive compensation equal to that of the director;

(4) Procure, either through the division of purchasing or by other means
authorized by law, supplies, material, equipment or contractual services
for the department and each of its divisions;

(5) Establish policy for the department and each of its divisions;

(6) Designate any responsibilities, duties and powers given by sections
217.010, 217.810, 558.011 and 558.026, RSMo, to the department or the
department director to any division or division director. (L. 1982 H.B.
1196 § 6, A.L. 1984 S.B. 611, A.L. 1990 H.B. 974, A.L. 1995 H.B. 424)

1. The department shall have the authority to adopt, amend and
repeal rules and regulations under the provisions of this section and
chapter 536, RSMo, as necessary or desirable to carry out the provisions
of this chapter which are not inconsistent with the constitution of this
state. No rule or portion of a rule promulgated under the authority of
this chapter shall become effective unless it has been promulgated
pursuant to the provisions of section 536.024, RSMo.

2. The department shall adopt policies and operating regulations
concerning only its internal management which need not be published in
the Missouri Register or the code of state regulations under chapter 536,
RSMo, but these regulations shall be available for public inspection and
review.

3. Divisions of the department shall jointly or separately adopt
regulations, policies and procedures concerning internal management which
shall be consistent with the department's policies and regulations, and
need not be published in the Missouri Register or the code of state
regulations under chapter 536, RSMo.

4. Chief administrative officers, managers or supervisors of correctional
centers, sections, units, or offices of the department or its divisions
shall make such orders, rules or regulations governing their correctional
center, section, unit, or office as required by their division or
department and consistent with policy and procedure adopted by the
department. (L. 1982 H.B. 1196 § 7, A.L. 1989 H.B. 408, A.L. 1993 S.B.
52, A.L. 1995 H.B. 424 merged with S.B. 3)

The department of corrections is authorized to contract with the
United States or any other state to provide custody and housing within
the department for offenders convicted and sentenced to a prison term.
(L. 1989 H.B. 128, et al. § 2, A.L. 1995 H.B. 424)

1. The department shall have the authority to enter into
arrangements with the federal government for the receipt of federal
funds, subject to appropriations, to carry out the purposes of the
department and shall submit such plans and reports as may be required.

2. The director shall approve such applications for federal assistance
administered through the department as may be considered advisable after
consultation with the appropriate division director. (L. 1982 H.B. 1196 §
8)

For all debts and demands whatsoever due any of the correctional
centers subject to the control of the department and all damages for
failure of contract, and for trespass and other wrongs to the
correctional center or any property thereof, real or personal, actions in
any court of competent jurisdiction may be maintained in the name of the
director. Interest shall be charged and every effort made to recover on
any and all sums due the correctional center on account of any inmate
thereof; the account therefor, certified by the head of the correctional
center, with the seal of the department attached, shall be prima facie
evidence of the amount due. (L. 1982 H.B. 1196 § 9, A.L. 1995 H.B. 424)

1. The department and its divisions are authorized to develop
effective citizen involvement to recruit, train and accept the services
of volunteers, to supplement the programs administered by the department
or its divisions.

2. Volunteers recruited, trained, or accepted by the department or its
divisions shall comply with applicable department or division policy
regulations.

3. Each division utilizing the services of volunteers shall:

(1) Provide staff as deemed necessary for the effective management and
development of volunteer programs;

(2) Take such actions as are necessary and appropriate to develop
meaningful opportunities for citizen involvement in
department-administered programs;

(3) Develop and provide to all volunteers written rules governing the job
descriptions, recruitment, screening, training, responsibility,
utilization, and supervision of volunteers;

(4) Take such actions as are necessary to ensure that volunteers
understand their duties and responsibilities;

(5) Take such actions as are necessary and appropriate to ensure a
receptive climate for citizen involvement;

(6) Provide for the recognition of volunteers who have offered
exceptional service to the department or its divisions.

4. Volunteers shall be deemed unpaid employees and shall be accorded the
protection of workers' compensation, the legal expense fund and liability
provisions.

5. Reimbursement for transportation and other necessary expenses may be
furnished to those volunteers whose presence on special assignment is
determined to be necessary by the department or its divisions. Such
expenses shall be reimbursed from the regular appropriations of the
department. Volunteers may utilize state vehicles in the performance of
department-related duties, subject to those rules and regulations
governing use of state vehicles by paid staff.

6. Any person serving as a volunteer may be terminated from service in
that capacity by the director. Any person so terminated shall be given a
written statement of the reasons for termination and shall, upon request,
be accorded a review of the termination. (L. 1982 H.B. 1196 § 14, A.L.
1989 H.B. 408)

The state auditor shall have access to all records maintained
and established by the department. Any confidential records shall not be
divulged in such a way as* to reveal personally identifiable information.
(L. 1982 H.B. 1196 § 17)

*Word "as" does not appear in original rolls.

1. All offender records compiled, obtained, prepared or
maintained by the department or its divisions shall be designated public
records within the meaning of chapter 610, RSMo, except:

(1) Any information, report, record or other document pertaining to an
offender's personal medical history, which shall be a closed record;

(2) Any information, report, record or other document in the control of
the department or its divisions authorized by federal or state law to be
a closed record;

(3) Any internal administrative report or document relating to
institutional security.

2. The court of jurisdiction, or the department, may at their discretion
permit the inspection of the department reports or parts of such reports
by the offender, whenever the court or department determines that such
inspection is in the best interest or welfare of the offender.

3. The department may permit inspection of its files by treatment
agencies working with the department in the treatment of the offender.

4. No department employee shall have access to any material closed by
this section unless such access is necessary for the employee to carry
out his duties. The department by rule shall determine what department
employees or other persons shall have access to closed records and the
procedures needed to maintain the confidentiality of such closed records.

5. No person, association, firm, corporation or other agency shall
knowingly solicit, disclose, receive, publish, make use of, authorize,
permit, participate in or acquiesce in the use of any name or lists of
names for commercial or political purposes of any nature in violation of
this section.

6. All health care providers and hospitals who have cared for offenders
during the period of the offender's incarceration shall provide a copy of
all medical records in their possession related to such offender upon
demand from the department's health care administrator. The department
shall provide reasonable compensation for the cost of such copies and no
health care provider shall be liable for breach of confidentiality when
acting pursuant to this subsection.

7. Copies of all papers, documents, or records compiled, obtained,
prepared or maintained by the department or its divisions, properly
certified by the appropriate division, shall be admissible as evidence in
all courts and in all administrative tribunals in the same manner and
with like effect as the originals, whenever the papers, documents, or
records are either designated by the department of corrections as public
records within the meaning of chapter 610, RSMo, or are declared
admissible as evidence by a court of competent jurisdiction or
administrative tribunal of competent jurisdiction.

8. Any person found guilty of violating the provisions of this section
shall be guilty of a class A misdemeanor. (L. 1982 H.B. 1196 § 18, A.L.
1989 H.B. 408, A.L. 1995 H.B. 424)

The department and the divisions within the department shall
maintain their central office in Jefferson City. The central office of a
division shall not be located on the site of a correctional facility. (L.
1982 H.B. 1196 § 19, A.L. 1989 H.B. 408)

1. The director of the department may grant the use of any
building or grounds of any of its correctional centers to governmental,
private or not-for-profit activities as long as the activities are
compatible with the services of the department.

2. The director of the department shall notify the commissioner of
administration who may lease such buildings or grounds pursuant to public
bid to governmental, private or not-for-profit entities.

3. The department shall charge such entity at a minimum for the costs of
utilities and services it furnishes to the lessee of any building.

4. The term of the lease shall be for one year or less, and the lease may
contain an option for one-year renewals of the lease if both parties
agree. The lease shall include conditions that the lessee shall use and
maintain the land and building for uses compatible with the services of
the department. The lease shall by its terms protect the state from
liability for damages occurring in the building.

5. The director of the department shall sign the lease on behalf of the
state. (L. 1982 H.B. 1196 § 21, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)

Any payments received by the department of corrections for the
leasing of state prison space pursuant to section 217.043 shall be
deposited to the credit of the general revenue fund. (L. 1989 H.B. 128,
et al. § 3, A.L. 1990 H.B. 974)

When it becomes necessary for the department to take or
appropriate any lands of persons or corporations for the use of a
correctional center, and the owners of the property cannot agree with the
department upon the proper compensation to be paid, or in case the owner
is incapable of contracting, unknown, or a nonresident of the state, then
such property may be taken by and through and upon the application of the
department in the same manner that is provided for in chapter 523, RSMo.
(L. 1982 H.B. 1196 § 22, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)

The director of the department may enter into agreements with
other state departments or agencies to provide services to the
department. Legal custody of an offender who receives services outside a
correctional center shall remain with the department. (L. 1982 H.B. 1196
§ 139, A.L. 1989 H.B. 408, A.L. 1990 H.B. 974, A.L. 1995 H.B. 424)

1. As used in this section, the following terms mean:

(1) "COCC", corrections officer certification commission;

(2) "Corrections officer", a corrections officer of the state or any
political subdivision of the state;

(3) "Director", the director of the Missouri department of corrections or
his or her designated agent or representative.

2. There is hereby established within the department of corrections a
"Corrections Officer Certification Commission" which shall be composed of
nine members nominated by the director and appointed by the governor with
the advice and consent of the senate:

(1) Three members shall be department of corrections officers below the
rank of lieutenant; of which, at least two will be members of a statewide
association of corrections officers with more than one thousand members;

(2) Three members shall be corrections officers or supervisors above the
rank of sergeant; two of which must be the rank of lieutenant or captain.
Of these three, at least one will be a member of a statewide association
of corrections officers with more than one thousand members;

(3) Two members shall be county sheriffs, at least one of whom shall be
from a third class county; and

(4) One member shall represent the general public.

3. Each member shall be at the time of appointment a citizen of the
United States and a resident of this state for a period of at least one
year.

4. The original members of the commission shall be appointed as follows:

(1) Three for terms of one year;

(2) Three for terms of two years; and

(3) Three for terms of three years.

Thereafter, all terms of membership on the commission shall be for three
years or until a successor is appointed.

5. The director may remove any member of the commission for misconduct or
neglect of office. Any member of the commission may be removed for cause
by the director but such member shall first be presented with a written
statement of the reasons thereof.

6. Any vacancy in the membership of the commission shall be filled by
appointment for the unexpired term.

7. Annually the director shall appoint one of the members as chairperson.
The commission shall meet to perform its duties at least once each year
as determined by the director or a majority of the members. A majority of
the members of the commission shall constitute a quorum.

8. No member of the commission shall receive any compensation for the
performance of official duties but the members shall be reimbursed for
their necessary expenses.

9. The commission may:

(1) Cause a job task analysis to be made of the jobs of corrections
officers pursuant to this chapter;

(2) Make recommendations to the department of corrections, the
legislature, or the governor concerning the qualifications, training,
testing, and certification of corrections officers;

(3) Recommend qualifications and training standards for corrections
officers pursuant to this chapter.

10. The director may establish various classes of corrections officers
certification.

11. The name, certification status, and employing corrections agency of
any of the applicants or individuals certified pursuant to this chapter
shall be open record. All other records retained by the director
pertaining to any applicant or certified officer shall be confidential
and shall not be disclosed to the public or any member of the public,
except with the written consent of the person or entity whose records are
involved, provided, however, that the director may disclose such
information in the course of interstate exchange of information, during
the course of litigation involving the director or to other state
agencies. No closed record conveyed to the director pursuant to this
chapter shall lose its status as a closed record solely because it is
retained by the director. Nothing in this chapter shall be used to compel
the director to disclose any record subject to attorney-client privilege
or work-product privilege. (L. 2003 H.B. 138, A.L. 2005 H.B. 353)

1. The provisions of chapter 287, RSMo, governing workers'
compensation are extended to include all personnel of the department. The
state of Missouri shall be a self-insurer and assume all liability
imposed by chapter 287, RSMo, in respect to such personnel and the
attorney general shall appear on behalf of and defend the state in all
actions brought by such personnel under chapter 287, RSMo.

2. The extension of chapter 287, RSMo, to include personnel of the
department shall not be construed as acknowledging or creating any
liability in tort, or as incurring other obligations or duties other than
the duty and obligation of complying with the provisions of chapter 287,
RSMo. (L. 1982 H.B. 1196 § 10, A.L. 1989 H.B. 408)

1. No employee of the department shall knowingly have any
financial or business interest in the management, maintenance or
provision of goods or services to the department, its divisions or
agencies which provide goods or services to the department.

2. No employee of the department shall knowingly have any financial
business with any offender committed to or supervised by the department,
or family members of any offender committed to or supervised by the
department.

3. Except as provided by section 217.135, no employee of the department
shall take, remove, use, appropriate, or in any way convert to his own
use or the use of any other individual or entity any property,
provisions, natural resources, goods, or any article of value belonging
to or under the control of the department or sell such items to another
party.

4. Violation of subsection 1, 2, or 3 of this section shall be grounds
for dismissal or other appropriate disciplinary action. (L. 1982 H.B.
1196 § 11, A.L. 1989 H.B. 408)

1. Any employee of the department who receives, under any
pretense, from any offender or offender's family, any services, legal
tender or article of value not authorized by the department shall be
guilty of a class A misdemeanor.

2. Any employee of the department who, directly or indirectly, receives
anything of value for procuring, or attempting or assisting to procure,
the pardon or parole of any offender shall be guilty of a class B felony.

3. Any employee of the department who becomes aware of a violation of
this section shall report such knowledge to the director. Failure to do
so shall be grounds for dismissal, or other appropriate disciplinary
action.

4. If the director has cause to believe that any violation of this
section has occurred, he shall investigate the matter and report the
facts, together with the names of the witnesses, to the prosecuting
attorney of the county in which the offense occurred or to the circuit
attorney of any city not within a county. (L. 1982 H.B. 1196 § 12, A.L.
1989 H.B. 408)

No offender labor may be used for the profit, betterment or
personal gain of any employee of the department. (L. 1982 H.B. 1196 § 13,
A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)

In the event that an employee of the department is determined to
have been held hostage, the employee shall be eligible for paid leave of
absence for a period of up to sixty days, as determined by a licensed
physician, psychiatrist, or licensed psychologist to be necessary for
recovery from stress. Such paid leave shall not be charged against any of
the employee's vacation or other accumulated leave accounts. (L. 1986
S.B. 587 § 1, A.L. 1989 H.B. 408)

The department may provide any employee in any correctional
center under its control with living quarters on the grounds of its
correctional centers. A fee shall be charged based on a rate schedule
established by the department. (L. 1982 H.B. 1196 § 23, A.L. 1989 H.B.
408, A.L. 1995 H.B. 424)

Any purchase of food in any correctional center other than the
usual quantity purchased for the offenders in the correctional center, to
be used by or for anyone other than the offenders of the correctional
center, shall be charged directly to the individual responsible for the
purchase. The department may authorize employees of the correctional
center to receive one meal without cost per work shift. (L. 1982 H.B.
1196 § 24, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)

If a treaty in effect between the United States and a foreign
country provides for the transfer or exchange of convicted offenders to
the country of which they are citizens or nationals, the governor may, on
behalf of the state and subject to the terms of the treaty, authorize the
director of the department to consent to the transfer or exchange of
offenders and take any other action necessary to initiate the
participation of this state in the treaty. (L. 1982 H.B. 1196 § 57)

Notwithstanding any other provision of law, the department, or
any city or county or any combination of cities or counties or cities and
counties after notification to the department, may contract with private
entities for the construction of correctional centers. The department may
also contract with any city or county to place sentenced offenders with
such city or county for housing and maintenance for the remainder of
their sentence at a cost to be determined between the contracting
parties. (L. 1987 S.B. 209 § 1, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)

1. The department of corrections shall design and implement a
pilot program for the treatment of individuals who, in the absence of
such program, would be committed to the department of corrections or
placed on unsupervised probation for a sexual offense involving a child.
Under such program the costs of treatment and supervision shall be paid
by the individuals referred to the program by the court. Such pilot
community corrections program shall be patterned as closely as is
practicable after the successful "Restitution, Treatment and Training"
program which was developed in the state of Oregon.

2. The department of corrections shall implement the program required
pursuant to this section by January 1, 1992, and shall report annually to
the governor, the speaker of the house of representatives and the
president pro tem of the senate on the effectiveness of the program. (L.
1990 H.B. 1370, et al. § 7)

1. The department of corrections shall install high voltage
electrified security fence systems at all existing and proposed maximum
security correctional centers. The department of corrections may, in its
discretion, design and install high voltage electrified security fence
systems at any or all existing and proposed medium security correctional
centers.

2. All reasonable and necessary precautions consistent with industry
standards shall be taken by the department to protect the safety of the
local community and department personnel. (L. 1995 H.B. 424 § 3)

1. Any division director, subject to the supervision of the
director, shall exercise for the division the powers and duties of an
appointing authority under chapter 36, RSMo, to employ personnel, for the
performance of the duties and responsibilities of the division.

2. The division director shall be a person of recognized character and
integrity and shall have education, training and experience appropriate
to the responsibilities of the division of which he is the director. He
shall be a citizen of the United States but need not be a citizen of the
state of Missouri at the time of his appointment.

3. The director shall be a full-time employee of the division and shall
hold no other regular, compensated position while serving as a director
of the division. (L. 1982 H.B. 1196 § 32, A.L. 1989 H.B. 408)

The department director, shall in accordance with chapter 36,
RSMo, appoint for each correctional center a chief administrative
officer. (L. 1982 H.B. 1196 § 33, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)

The chief administrative officers of the correctional centers,
subject to the directives of the department director and the division
director, shall have charge, control and management of their correctional
centers. (L. 1982 H.B. 1196 § 34, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)

The division directors shall make such rules, regulations and
orders as are proper and necessary for the management of the correctional
centers and programs under their control. (L. 1982 H.B. 1196 § 35, A.L.
1989 H.B. 408, A.L. 1995 H.B. 424)

The division directors shall submit an annual report at the
request of the director of the department. Such report shall contain the
information required and requested by the director. (L. 1982 H.B. 1196 §
36, A.L. 1989 H.B. 408)

The chief administrative officer of each correctional center
shall make monthly reports to the appropriate division director of the
previous month's activities, which shall include:

(1) A report of all admissions to and discharges from his correctional
center;

(2) A report of all assaults, deaths and escapes from his correctional
center;

(3) A report of all complaints filed with the chief administrative
officer of the correctional center; and

(4) Any other information requested by the division director. (L. 1982
H.B. 1196 § 37, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)

1. With the approval of his division director, the chief
administrative officer of any correctional center operated by the
division may establish and operate a canteen or commissary for the use
and benefit of the offenders.

2. Each correctional center shall keep revenues received from the canteen
or commissary established and operated by the correctional center in a
separate account. The acquisition cost of goods sold and other expenses
shall be paid from this account. A minimum amount of money necessary to
meet cash flow needs and current operating expenses may be kept in this
account. The remaining funds from sales of each commissary or canteen
shall be deposited monthly in a special fund to be known as the "Inmate
Canteen Fund" which is hereby created and shall be expended by the
appropriate division, for the benefit of the offenders in the improvement
of recreational, religious, or educational services. The provisions of
section 33.080, RSMo, to the contrary notwithstanding, the money in the
inmate canteen fund shall be retained for the purposes specified in this
section and shall not revert or be transferred to general revenue. The
department shall keep accurate records of the source of money deposited
in the inmate canteen fund and shall allocate appropriations from the
fund to the appropriate correctional center. (L. 1982 H.B. 1196 § 39,
A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)

1. The amount and type of personal property an offender housed
in a correctional center may possess shall be established by policy.
Control and disposition of offender property as related to value and
volume shall be set by policy.

2. Unauthorized personal property found in the possession of an offender
housed in a correctional center may be impounded and disposed of per
policy directives. (L. 1989 H.B. 408 § 1, A.L. 1995 H.B. 424)

(1992) Revision of statute reflects legislative intent to relegate the
management of prisoners' property to institution policy and therefore
involves discretionary functions which are within the scope of official
immunity. State v. Brown, 847 S.W.2d (Mo. App. W.D.).

1. The maximum capacity of correctional centers shall be
determined by the director of the department.

2. When any correctional center is at the maximum capacity, an offender
may be assigned to that correctional center only when an emergency is
declared by the director of the department. (L. 1982 H.B. 1196 § 42, A.L.
1989 H.B. 408, A.L. 1995 H.B. 424)

The director shall at all times receive into the department, on
order of the governor, any person convicted of any crime punishable with
death. If the governor commutes the sentence to imprisonment either for
life or for a term of years in a correctional center, as provided by law,
the offender shall be confined according to the terms of the commutation.
(L. 1982 H.B. 1196 § 55, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)

1. When practicable, the department director shall receive into
the department any criminal convicted of having violated the law or laws
of the United States and sentenced to the department by any court of the
United States, and may retain custody of such criminal until he shall be
discharged by due process of law.

2. The United States shall support any offender accepted by the
department pursuant to this section and shall pay the expense attendant
upon execution of the sentence.

3. Any such offender accepted by the department pursuant to this section
escaping or attempting to escape from the correctional center shall be
subject to prosecution as if he had been committed by virtue of a
conviction under the authority of this state.

4. The chief administrative officer of each correctional center shall be
liable to like penalties and punishment for any neglect or violation of
duty, in respect to the custody of any federal prisoner, as if such
prisoner had been committed by virtue of a conviction under the authority
of the state. (L. 1982 H.B. 1196 § 56, A.L. 1989 H.B. 408, A.L. 1995 H.B.
424)

The director shall arrange for necessary health care services
for offenders confined in correctional centers. (L. 1982 H.B. 1196 § 58,
A.L. 1989 H.B. 408, A.L. 1990 H.B. 974, A.L. 1995 H.B. 424)

The director shall appoint chaplains or arrange for religious
services from the community for the correctional centers. (L. 1982 H.B.
1196 § 59, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)

1. The chief administrative officer of each correctional center,
with the approval of his division director, shall by rule and regulation
designate the type of clothing to be worn by offenders.

2. All offenders confined in correctional centers shall be supplied with
a sufficient quantity of wholesome food. Deprivation of food shall not be
used as a disciplinary action.

3. The chief administrative officer shall keep advised as to the quantity
and quality of food and clothing furnished the offenders and as to the
health, condition and safekeeping of the offenders, and shall report
those findings to his director. (L. 1982 H.B. 1196 § 60, A.L. 1989 H.B.
408, A.L. 1995 H.B. 424)

The correctional center's medical personnel shall, when any
offender claims to be unable to participate in required activities
expected of the offender because of illness, examine the offender and if,
in the medical personnel's opinion, the offender is unable to participate
in the required activities, the medical personnel shall immediately
certify this fact according to established procedure. Thereupon, the
offender shall be relieved of the responsibility of participating in
required activities. The offender shall not be required to participate in
such activities so long as the disability continues. When the medical
personnel certifies that the offender has recovered the offender shall be
returned to such required activities. (L. 1982 H.B. 1196 § 61, A.L. 1989
H.B. 408, A.L. 1995 H.B. 424)

Whenever any offender is afflicted with a disease which is
terminal, or is advanced in age to the extent that the offender is in
need of long-term nursing home care, or when confinement will necessarily
greatly endanger or shorten the offender's life, the correctional
center's physician shall certify such facts to the chief medical
administrator, stating the nature of the disease. The chief medical
administrator with the approval of the director will then forward the
certificate to the board of probation and parole who in their discretion
may grant a medical parole or at their discretion may recommend to the
governor the granting or denial of a commutation. (L. 1982 H.B. 1196 §
62, A.L. 1989 H.B. 408, A.L. 1994 S.B. 763)

1. The division shall adopt rules and regulations for
establishing in each of the correctional centers a system of compensation
to the offenders confined in the correctional centers, which shall
provide for the compensation of each offender for work or services
performed and for satisfactory performance in academic or vocational
education classes during confinement.

2. The division shall prepare graduated wage schedules for payment of
compensation to offenders.

3. Eight hours of work per day shall normally constitute a day of labor
for each offender unless there is an emergency situation or otherwise
approved by the division director or the chief administrative officer.

4. The director shall have the authority to pay into the crime victims'
compensation fund from an offender's compensation or account, the amount
owed by the offender to the crime victims' compensation fund, provided
that the offender has failed to pay the amount owed to the fund prior to
entering a department correctional center.

5. The department shall have the authority to remove from the offender's
compensation or account such sums as may be deemed reasonable and proper
as restitution for the offender's willful or malicious damage or
destruction of state property.

6. Offenders shall only receive compensation for work performed which has
been approved by the director or the chief administrative officer of the
correctional center at which the offender is assigned. Any compensation
received for unapproved work may be confiscated and credited to the crime
victims' compensation fund. (L. 1982 H.B. 1196 § 63, A.L. 1989 H.B. 408,
A.L. 1990 H.B. 974, A.L. 1995 H.B. 424)

1. At least monthly, the division shall place to the credit of
any offender engaged in work or educational programs an amount to be
determined as provided in section 217.255.

2. The compensation of an offender may be used to the amount permitted by
division rules and regulations for the purchase of approved personal
necessities not furnished by the division.

3. As provided by division rules, upon consent of the offender the chief
administrative officer may permit offender compensation to be used for
the support of the offender's family or other legal dependents.

4. Nothing contained in this section shall be construed to allow
offenders to transfer funds to other offenders.

5. The department shall establish a schedule of minimum balances to be
maintained for each offender account that has established a savings
account through a work release program or halfway house operation.

6. The department shall have the authority to reduce an offender's
account due to indebtedness to the state. (L. 1982 H.B. 1196 § 64, A.L.
1989 H.B. 408)

1. An additional sixty days shall be added to the time that an
offender is first eligible for parole consideration hearing or a sum of
up to fifty percent of the average balance of the offender's account for
any portion of the preceding twelve months during which the offender's
account had a positive balance, shall be deducted from an offender's
account for each instance that a court finds that the offender has done
any of the following while in the custody of the department:

(1) Filed a false, frivolous or malicious action or claim with the court;

(2) Brought an action or claim with the court solely or primarily for
delay or harassment;

(3) Unreasonably expanded or delayed a judicial proceeding;

(4) Testified falsely or otherwise submitted false evidence or
information to the court;

(5) Attempted to create or obtain a false affidavit, testimony, or
evidence; or

(6) Abused the discovery process in any judicial action or proceeding.

2. The department of corrections may promulgate rules in accordance with
section 217.040 providing that the conduct described in subdivisions (1)
to (6) of subsection 1 of this section shall be a conduct violation and
subject an offender to discipline.

3. The maximum term of imprisonment of an offender as imposed by the
sentencing court shall not be extended by the provisions of subsection 1
of this section.

4. In no instance shall the balance of an offender's account be reduced
to an amount less than ten dollars pursuant to this section. The amount
due pursuant to subsection 1 of this section may be deducted from any
compensation payable or later paid to the offender, or from any other
property belonging to the offender in the custody and control of the
department. (L. 1995 H.B. 424)

1. Except as provided in subsections 2 and 3 of this section, no
person shall be permitted to enter a correctional center except by
special permission of the chief administrative officer of the facility,
the division director, the department director or under such regulations
as they shall prescribe.

2. The following persons shall be authorized to visit the correctional
centers of the state at any time: all authorized employees of the
department, the governor, lieutenant governor, members of the general
assembly, judges of the supreme court, courts of appeal, and circuit
courts, attorney general, state auditor, state treasurer, secretary of
state, director of public safety, adjutant general, commissioners of
elementary and secondary and higher education, and circuit and
prosecuting attorneys. The assistants of all above-named officers shall
be authorized to visit correctional centers at any reasonable time as
specifically authorized by their superiors and in accordance with
regulations established by the department.

3. All clergymen of every recognized denomination shall have access to
the correctional centers and may visit any offender confined in a
facility, subject to such rules as may be deemed necessary for
maintaining security and safety in the correctional center. Such clergy
may administer the rites and ceremonies of the church to which they
belong, if such offender desires it and it is in compliance with
department rules. (L. 1982 H.B. 1196 § 65, A.L. 1989 H.B. 408, A.L. 1990
H.B. 974, A.L. 1995 H.B. 424)

All correctional employees shall:

(1) Grant to members of the state board of probation and parole or its
properly accredited representatives access at all reasonable times to any
offender;

(2) Furnish to the board the reports that the board requires concerning
the conduct and character of any offender in their custody; and

(3) Furnish any other facts deemed pertinent by the board in the
determination of whether an offender shall be paroled. (L. 1982 H.B. 1196
§ 66, A.L. 1989 H.B. 408)

1. Only those persons designated to do so by the chief
administrative officer of a correctional center shall bring into or carry
out of any correctional center under the control of the department any
letter, writing, or thing of value to or from any offender.

2. Anyone who violates the provisions of this section is guilty of a
class A misdemeanor. (L. 1982 H.B. 1196 § 67, A.L. 1989 H.B. 408, A.L.
1995 H.B. 424)

1. Under the rules and regulations of the department, designated
employees may carry firearms when necessary for the proper discharge of
their duties in this state or any state.

2. Those persons authorized to act by the director shall have the same
power as granted any other law enforcement officers in this state to
arrest escaped offenders and apprehend all persons who may be aiding and
abetting such escape as defined in section 217.390. (L. 1982 H.B. 1196 §
73, A.L. 1989 H.B. 408)

Each offender paroled or discharged from the department may,
depending on need, be furnished appropriate civilian clothing and up to
two hundred dollars. Any other money and property belonging to the
offender which has been in the custody and control of the department and
which the offender was authorized to retain shall be returned to him,
except for any money or property confiscated as contraband pursuant to
section 217.365. (L. 1982 H.B. 1196 § 77, A.L. 1989 H.B. 408, A.L. 1990
H.B. 974)

1. The department shall establish reception and diagnostic
centers for persons committed to the department.

2. All commitments shall be made to the department. Offenders shall be
delivered to the center designated by the director.

3. Such centers shall be responsible for the study, evaluation, and
classification of all persons committed to the department. (L. 1982 H.B.
1196 § 43, A.L. 1989 H.B. 408, A.L. 1990 H.B. 974)

1. The sheriff or other officer charged with the delivery of
persons committed to the department for confinement in a correctional
center shall deliver the person to the reception and diagnostic center
designated by the director at times and dates as designated by the
director and shall receive a certificate of delivery of the offender from
the center.

2. Appropriate information relating to the offender shall be provided to
the department in a written or electronic format, at or before the time
the offender is delivered to the department, including, but not limited
to:

(1) A certified copy of the sentence from the clerk of the sentencing
court on the standardized form developed by the office of state courts
administrator. Such form shall include specifics on any status violated,
court-ordered probation not supervised by the department, the offense
cycle number and any court-ordered restitution owed to the victim;

(2) Available information provided in writing by the prosecutor regarding
the offender's age, crime for which sentenced, probable cause statement,
circumstances surrounding the crime and sentence, names, telephone
numbers, and last known* address of victims, victim impact statements,
and personal history, which may include facts related to the offender's
home environment, or work habits, gang affiliations, if any, and previous
convictions and commitments. Such information shall be prepared by the
prosecuting attorney of the county or circuit attorney of any city not
within a county who was charged with the offender's prosecution;

(3) Information provided by the sheriff or other officer charged with the
delivery of persons committed to the department regarding the offender's
physical and mental health while in jail. All records on medication,
care, and treatment provided to the offender while in jail shall be
provided to the department prior to or upon delivery of the offender. If
the offender has had no physical or mental health care or medications
while in jail, the sheriff or other officer shall certify that no
physical or mental health care or medication records are available. The
sheriff shall provide certification of all applicable jail-time credit.

3. The department may refuse to accept any offender who is delivered for
confinement without all required information. (L. 1982 H.B. 1196 § 44,
A.L. 1989 H.B. 408, A.L. 1995 H.B. 424, A.L. 1997 S.B. 248, A.L. 2003
H.B. 138)

*Word "know" appears in original rolls, a typographical error.

1. On delivery of the offender to the reception and diagnostic
center, he shall be examined by a licensed physician.

2. The offender's committed name, race, height, apparent and alleged age,
place of nativity, trade, complexion, and color of his hair and eyes
shall be accurately recorded, together with such other natural or
accidental marks or peculiarities of feature or appearance as may serve
to identify the offender. (L. 1982 H.B. 1196 § 45, A.L. 1989 H.B. 408)

Any person convicted of a felony, which shall not be set aside
or reversed, may be subjected to an identification procedure adopted by
the department. Such force may be used as necessary to the effectual
carrying out and application of such measurements, processes and
operations; and other results thereof may be published for the purpose of
affording information to officers and others engaged in the execution or
administration of the law. (L. 1982 H.B. 1196 § 46, A.L. 1989 H.B. 408)

No one having the custody of any offender, and no one acting in
his aid or under his direction, and no one concerned in such publication
shall incur any liability, civil or criminal, for anything lawfully done
under the provisions of section 217.315. (L. 1982 H.B. 1196 § 47, A.L.
1989 H.B. 408)

The enforcement of the provisions of section 217.315 by the
authorities in charge of state correctional centers, police departments
and others having the custody of those convicted of a felony which shall
not be set aside or reversed is hereby made mandatory. (L. 1982 H.B. 1196
§ 48, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)

1. The department shall conduct such testing and other
diagnostic examinations as may by rule be established by the director and
shall assign the offender to the appropriate correctional center.

2. The reception and diagnostic centers shall deliver to the correctional
center to which the offender is assigned a report of its findings and
appropriate recommendations. (L. 1982 H.B. 1196 § 49, A.L. 1989 H.B. 408,
A.L. 1995 H.B. 424)

1. There shall be established at each correctional facility
classification teams to be composed of the offender, along with a minimum
of three members and a maximum of five members appointed as per policy.

2. It shall be the responsibility of the classification team to:

(1) Receive the report and recommendation of the reception and diagnostic
center;

(2) Make recommendations to the chief administrative officer concerning
custodial care, work assignments, educational or vocational training and
other treatment procedures for the offender;

(3) Make a continuing study of each offender concerning his behavior,
capacities, adjustment and rehabilitation to determine his progress.

3. Offenders shall be assigned according to security and program needs as
determined by a department-wide assessment system. (L. 1982 H.B. 1196 §
50, A.L. 1989 H.B. 408)

1. All general population offenders shall be expected to adhere
to a schedule of activities of work and rehabilitative programs as
prescribed for the offender by the department. This schedule of
activities may include, but shall not be limited to:

(1) Academic education programs;

(2) Vocational training programs;

(3) Treatment programs; and

(4) Employment.

2. An offender may be excused from adhering to the required schedule of
activities assigned to him if a reason can be established by the offender
and validated by the chief administrative officer of the correctional
center to which the offender is assigned. (L. 1994 S.B. 763)

Offenders who are younger than seventeen years of age and have
been adjudicated as an adult shall be emancipated for the purpose of
decision making and participation in all department programs and
services, including but not limited to medical care, mental health care,
treatment programs, educational programs, work assignments, and
rehabilitative programs. (L. 2003 H.B. 138)

1. Correctional treatment programs for first offenders in the
department shall be established, subject to the control and supervision
of the director, and shall include such programs deemed necessary and
sufficient for the successful rehabilitation of offenders.

2. Correctional treatment programs for offenders who are younger than
seventeen years of age shall be established, subject to the control and
supervision of the director. By January 1, 1998, such programs shall
include physical separation of offenders who are younger than seventeen
years of age from offenders who are seventeen years of age or older.

3. The department shall have the authority to promulgate rules pursuant
to subsection 2 of section 217.378 to establish correctional treatment
programs for offenders under age seventeen. Such rules may include:

(1) Establishing separate housing units for such offenders;

(2) Providing housing and program space in existing housing units for
such offenders that is not accessible to adult offenders; and

(3) Establishing a regimented training program for such offenders.

4. Any regimented training program established pursuant to subdivision
(3) of subsection 3 of this section shall include the following
objectives:

(1) To provide a daily regimen for offenders including physical training,
self-discipline, educational programs and work programs;

(2) To provide staff who have received appropriate training in the
treatment of offenders under age seventeen and who are capable role
models and mentors;

(3) To provide offenders with instruction on how to solve problems and
strategies to change offenders' predisposition to commit crime;

(4) To provide offenders who have demonstrated positive behavioral change
with the opportunity to gradually reenter the community; and

(5) To provide for parole supervision consisting of highly structured
surveillance and monitoring, educational and treatment programs.

5. The department shall have the authority to determine the number of
juvenile offenders participating in any treatment program depending on
available appropriations. The department may contract with any private or
public entity for the provision of services and facilities for offenders
under age seventeen. The department shall apply for and accept available
federal, state and local public funds including project demonstration
funds as well as private moneys to fund such services and facilities.

6. The department shall develop and implement an ongoing evaluation
process for all juvenile offender programs.

7. Any prosecuting attorney who prosecutes an offender under the age of
seventeen shall maintain records regarding the sentencing of that
offender, including any treatment programs to which that offender is
assigned.

8. The department shall submit an evaluation report to the governor and
the general assembly concerning offenders under age seventeen and the
programs available to them on or before each January 30, beginning in
1999. This report shall include, but is not limited to, the following
items:

(1) The specific content and structure of programs for offenders,
including staffing ratios for each program, and a description of the
daily routine of offenders in those programs;

(2) The process used for placing offenders on parole, including whether
offenders may be returned to their original environment for the parole
period, the specific means of parole supervision and the specific
educational and treatment programs provided to offenders during their
parole period;

(3) The procedure for transferring an offender to another facility for
vocational or training services or when an offender poses a danger to
himself or others, and identification of the facilities used for such
purposes;

(4) The specific criteria and procedures for determining successful
completion of a treatment program, whether an offender cannot
successfully complete a treatment program, and whether an offender's
parole shall be revoked;

(5) The recidivism rate for offenders successfully completing a treatment
program compared with the recidivism rate for offenders not successfully
completing a treatment program. (L. 1982 H.B. 1196 § 52, A.L. 1989 H.B.
408, A.L. 1995 H.B. 174, et al., A.L. 1996 S.B. 489)

An offender may be transferred from one correctional center to
another by the director. (L. 1982 H.B. 1196 § 53, A.L. 1989 H.B. 408,
A.L. 1995 H.B. 424)

1. The department shall develop and implement a plan of
instruction for the education of offenders.

2. The educational plan shall include:

(1) The accepted curricula for the first to twelfth grades in elementary
and high school instruction;

(2) Courses in vocational training best designed to equip offenders for
useful occupations upon discharge from the correctional facilities to
which they were committed;

(3) The maintenance of adequate library facilities in each correctional
center for the use and benefit of the offenders in such centers.

3. The state department of elementary and secondary education and
department of higher education shall cooperate with the department
concerning the operation and improvement of the educational program by
giving such advice, counsel and information as will enable the program to
meet the standards and requirements set for other public and vocational
schools of the state.

4. The department shall require, by January 1, 2001, all general
population offenders who have not obtained a high school education or its
equivalent to be enrolled in basic educational programs offered by the
department. (L. 1982 H.B. 1196 § 110, A.L. 1989 H.B. 408, A.L. 1995 H.B.
424)

1. It shall be an offense for any person to knowingly deliver,
attempt to deliver, have in his possession, deposit or conceal in or
about the premises of any correctional center, or city or county jail, or
private prison or jail:

(1) Any controlled substance as that term is defined by law, except upon
the written prescription of a licensed physician, dentist, or
veterinarian;

(2) Any other alkaloid of any controlled substance, any spirituous or
malt liquor, or any intoxicating liquor as defined in section 311.020,
RSMo;

(3) Any article or item of personal property which an offender is
prohibited by law or by rule and regulation of the division from
receiving or possessing;

(4) Any gun, knife, weapon, or other article or item of personal property
that may be used in such manner as to endanger the safety or security of
the correctional center, or city or county jail, or private prison or
jail or as to endanger the life or limb of any offender or employee of
such a center.

2. The violation of subdivision (1) of subsection 1 of this section shall
be a class C felony; the violation of subdivision (2) of subsection 1 of
this section shall be a class D felony; the violation of subdivision (3)
of subsection 1 of this section shall be a class A misdemeanor; and the
violation of subdivision (4) of subsection 1 of this section shall be a
class B felony.

3. Any person who has been found guilty of or has pled guilty to a
violation of subdivision (2) of subsection 1 of this section involving
any alkaloid shall be entitled to expungement of the record of the
violation. The procedure to expunge the record shall be pursuant to
section 610.123, RSMo. The record of any person shall not be expunged if
such person has been found guilty of or has pled guilty to knowingly
delivering, attempting to deliver, having in his possession, or
depositing or concealing any alkaloid of any controlled substance in or
about the premises of any correctional center, or city or county jail, or
private prison or jail. (L. 1982 H.B. 1196 § 68, A.L. 1989 H.B. 408, A.L.
1995 H.B. 424, A.L. 1998 S.B. 842, A.L. 2003 S.B. 399)

(1993) Use of the word "any" in statute prohibiting possession of "any"
weapon in a correctional facility is ambiguous. Defendant was
significantly prejudiced by counsel's failure to raise the issue of
double jeopardy when defendant was prosecuted for more than one offense
for having more than one weapon in same place. State v. Baker, 850 S.W.2d
944 (Mo. App. E.D.).

(2003) Under rules of statutory construction, cellular telephone and
charger do not fall within category of guns, knives, weapons, and other
inherently dangerous instruments. State v. William, 100 S.W.3d 828
(Mo.App. W.D.).

1. The department of corrections shall design and implement an
intensive long-term program for the treatment of chronic nonviolent
offenders with serious substance abuse addictions who have not pleaded
guilty to or been convicted of a dangerous felony as defined in section
556.061, RSMo.

2. Prior to sentencing, any judge considering an offender for this
program shall notify the department. The potential candidate for the
program shall be screened by the department to determine eligibility. The
department shall, by regulation, establish eligibility criteria and
inform the court of such criteria. The department shall notify the court
as to the offender's eligibility and the availability of space in the
program. Notwithstanding any other provision of law to the contrary,
except as provided for in section 558.019, RSMo, if an offender is
eligible and there is adequate space, the court may sentence a person to
the program which shall consist of institutional drug or alcohol
treatment for a period of at least twelve and no more than twenty-four
months, as well as a term of incarceration. The department shall
determine the nature, intensity, duration, and completion criteria of the
education, treatment, and aftercare portions of any program services
provided. Execution of the offender's term of incarceration shall be
suspended pending completion of said program. Allocation of space in the
program may be distributed by the department in proportion to drug arrest
patterns in the state. If the court is advised that an offender is not
eligible or that there is no space available, the court shall consider
other authorized dispositions.

3. Upon successful completion of the program, the board of probation and
parole shall advise the sentencing court of an offender's probationary
release date thirty days prior to release. If the court determines that
probation is not appropriate the court may order the execution of the
offender's sentence.

4. If it is determined by the department that the offender has not
successfully completed the program, or that the offender is not
cooperatively participating in the program, the offender shall be removed
from the program and the court shall be advised. Failure of an offender
to complete the program shall cause the offender to serve the sentence
prescribed by the court and void the right to be considered for probation
on this sentence.

5. An offender's first incarceration in a department of corrections
program pursuant to this section prior to release on probation shall not
be considered a previous prison commitment for the purpose of determining
a minimum prison term pursuant to the provisions of section 558.019,
RSMo. (L. 1994 S.B. 763, A.L. 1998 H.B. 1147, et al., A.L. 2003 S.B. 5)

Effective 6-27-03

1. The department of corrections shall establish by regulation
the "Offenders Under Treatment Program". The program shall include
institutional placement of certain offenders, as outlined in subsection 3
of this section, under the supervision and control of the department of
corrections. The department shall establish rules determining how, when
and where an offender shall be admitted into or removed from the program.

2. As used in this section, the term "offenders under treatment program"
means a one-hundred-eighty-day institutional correctional program for the
monitoring, control and treatment of certain substance abuse offenders
and certain nonviolent offenders followed by placement on parole with
continued supervision.

3. The following offenders may participate in the program as determined
by the department:

(1) Any nonviolent offender who has not previously been remanded to the
department and who has pled guilty or been found guilty of violating the
provisions of chapter 195, RSMo, or whose substance abuse was a
precipitating or contributing factor in the commission of his offense; or

(2) Any nonviolent offender who has pled guilty or been found guilty of a
crime which did not involve the use of a weapon, and who has not
previously been remanded to the department.

4. This program shall be used as an intermediate sanction by the
department. The program may include education, treatment and
rehabilitation programs. If an offender successfully completes the
institutional phase of the program, the department shall notify the board
of probation and parole within thirty days of completion. Upon
notification from the department that the offender has successfully
completed the program, the board of probation and parole may at its
discretion release the offender on parole as authorized in subsection 1
of section 217.690.

5. The availability of space in the institutional program shall be
determined by the department of corrections.

6. If the offender fails to complete the program, the offender shall be
taken out of the program and shall serve the remainder of his sentence
with the department.

7. Time spent in the program shall count as time served on the sentence.
(L. 1994 S.B. 763, A.L. 1996 S.B. 721)

No offender while confined in any correctional center of the
department, except those offenders so authorized by the chief
administrative officer of a particular center, shall be permitted to have
on his person, in his cell, or in his immediate possession, any money or
legal tender of any description. Such money or legal tender shall be
considered contraband under the rules and regulations of the department.
Such contraband shall be confiscated and deposited in the inmate canteen
fund and expended pursuant to section 217.195. (L. 1982 H.B. 1196 § 69,
A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)

The director shall establish rules and regulations pertaining to
offender disciplinary procedure and shall establish an offender grievance
procedure. The chief administrative officer of each correctional center
shall observe these rules and procedures at all times. (L. 1982 H.B. 1196
§ 70, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)

1. When an offender is an immediate security risk, or an
offender is violent, struggling and creating sufficient disturbance to
indicate he is not in control of himself, or an offender is physically
violent, or an offender is in urgent need to be separated from others for
his own safety or that of others, or for the security and good order of
the correctional facility, the chief administrative officer of the
correctional facility or his designee may immediately place the offender
in an administrative segregation unit which shall be situated so that the
segregation of such offender from the other offenders of the correctional
facility is complete. A review hearing shall be held concerning the
incident within five working days.

2. A review hearing shall be held for each offender detained in
administrative segregation thirty days after the initial period of
confinement and every ninety days thereafter. The chief administrative
officer of the facility shall keep records of the names of all those
offenders confined to administrative segregation, the reason for such
confinement, the length of time confined in administrative segregation
and any other information required by his division director.

3. Offenders held in administrative segregation shall have access to
medical personnel.

4. A review hearing pursuant to this section is not a contested case
pursuant to the provisions of chapter 536, RSMo. (L. 1982 H.B. 1196 § 71,
A.L. 1989 H.B. 408, A.L. 1990 H.B. 974, A.L. 2004 S.B. 921)

Effective 7-2-04

1. As used in this section, the term "Missouri regimented
discipline program" means a program of institutional correctional
alternatives in discipline, exercise, and treatment.

2. The department of corrections shall establish by regulation the
Missouri regimented discipline program including rules determining how
and when a defendant shall be admitted into or removed from the program.

3. Eligibility for the court to impose a sentence to the Missouri
regimented discipline program requires:

(1) That the individual so sentenced is on felony probation at the time
of the court's consideration, that the conditions of the probation have
been violated, that the probationer is subject to revocation and that
other community alternatives have been exhausted; or

(2) The court determines that in the absence of the Missouri regimented
discipline program the individual would be committed to the department of
corrections to serve a prison term; and

(3) The availability of space in the program which shall be determined by
the department of corrections. If the court is advised that there is no
space available, the court shall consider other authorized dispositions;

(4) That the individual so sentenced must be between the age of seventeen
and twenty-five and shall not have a prior felony conviction.

4. Any time prior to one hundred twenty days after commitment of such
defendant to the department, the department shall prepare and file with
the circuit court a report on the progress of the defendant in the
Missouri regimented discipline program.

5. If, within one hundred twenty days after commitment of the defendant,
the court is advised by the department of corrections of the individual's
successful completion of the regimented discipline program, the court
shall cause the individual to be placed on probation prior to the
expiration of the one-hundred-twenty-day period. Failure of the
individual to complete the program shall be cause to void the right to be
considered for probation on this sentence and the individual will serve
the sentence prescribed. (L. 1989 H.B. 128, et al. § 1)

1. When an offender is found guilty of a violation of a
correctional facility rule or convicted of a felony or misdemeanor, a
record of such violation or conviction shall be recorded in the
offender's file and in a central record. The record shall clearly state
the offense, the reporting officer's name, when and where the violation
or offense was committed and the action taken by any disciplinary body or
other personnel of the department.

2. An offender who has violated any published rule or regulation of the
division or correctional facility relating to the conduct of offenders
may, after proper hearing and upon order of the chief administrative
officer or his or her designee of the correctional facility, be confined
in a disciplinary segregation unit for a period not to exceed thirty
days. Disciplinary segregation of more than ten days may only be given
for serious conduct violations as defined by rule or regulation of the
division.

3. Violation hearings under the provision of subsection 2 of this section
are not contested cases under the provisions of chapter 536, RSMo.
Violation hearings under the provisions of subsection 2 of this section
are not subject to the rules of evidence. The department may promulgate
rules for violation hearings under the authority of subsection 2 of
section 217.040. The conduct of and order from a violation hearing under
the provisions of subsection 2 are final and unappealable. (L. 1982 H.B.
1196 § 72, A.L. 1989 H.B. 408, A.L. 1990 H.B. 974, A.L. 2003 H.B. 138)

1. No offender shall knowingly commit violence to an employee of
the department or to another offender housed in a department correctional
center. Violation of this subsection shall be a class B felony.

2. No offender shall knowingly damage any building or other property
owned or operated by the department. Violation of this subsection shall
be a class C felony. (L. 1982 H.B. 1196 § 74, A.L. 1989 H.B. 408, A.L.
1995 H.B. 424)

CROSS REFERENCE: Aggravated harassment of an employee, penalty, RSMo
565.092

An offender absenting himself without leave from any person in
charge of his supervision, or from any work assignment, educational
release program or job outside of the correctional center, or from any
halfway house or correctional facility operated by another political
subdivision to which he has been assigned, or who willfully fails to
return to such place at the appointed time after having been permitted to
leave, shall be deemed on "escape" status. He shall be reported by the
division to the appropriate law enforcement officer and upon conviction
shall be sentenced for escape as provided in section 575.210, RSMo.
Inadvertent releases shall be rectified by an issuance of a warrant by
the director. (L. 1982 H.B. 1196 § 75, A.L. 1989 H.B. 408, A.L. 1990 H.B.
974, A.L. 1995 H.B. 424)

Whenever an offender escapes, the division director shall take
all proper measures for the apprehension of the offender and may pay a
reward for his apprehension and delivery. The reward shall not exceed
five hundred dollars and shall not apply to law enforcement officers or
employees of the department. (L. 1982 H.B. 1196 § 76, A.L. 1989 H.B. 408)

1. A person commits the crime of furnishing unfit food to
offenders if he does any of the following:

(1) Knowingly furnishes or delivers any diseased, putrid or otherwise
unwholesome meat from any animal or fowl that was diseased or otherwise
unfit for food to any correctional center operated or funded by the
department;

(2) Knowingly furnishes or delivers any other unwholesome food,
vegetables or provisions whatsoever to such correctional centers to be
used as food by the offenders in such correctional centers;

(3) Knowingly receives or consents to receive as an employee of such
correctional center any diseased or unwholesome meat, food or provisions.

2. Furnishing unfit food to offenders is a class D felony. (L. 1982 H.B.
1196 § 25, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)

1. Except as provided in subsection 3 of this section, a person
commits the crime of "offender abuse" if he knowingly injures the
physical well-being of any offender under the jurisdiction of the
department by beating, striking, wounding or by sexual contact with such
person.

2. Offender abuse is a class C felony.

3. No employee of the department shall use any physical force on an
offender except the employee shall have the right to use such physical
force as is necessary to defend himself, suppress an individual or group
revolt or insurrection, enforce discipline or to secure the offender. (L.
1982 H.B. 1196 § 26, A.L. 1989 H.B. 408)

1. When any employee of the department has reasonable cause to
believe that an offender in a correctional center operated or funded by
the department has been abused, he shall immediately report it in writing
to the director.

2. The written report shall contain the name and address of the
correctional center; the name of the offender; information regarding the
nature of the abuse; the name of the complainant; and any other
information which might be helpful in an investigation.

3. Any person required by subsection 1 of this section to report or cause
a report to be made, but who fails to do so within a reasonable time
after the act of abuse or neglect is guilty of a class A misdemeanor.

4. In addition to those persons required to report under subsection 1 of
this section, any other person having reasonable cause to believe that an
offender has been abused may report such information to the director.

5. Upon receipt of a report, the department shall initiate an
investigation within twenty-four hours.

6. If the investigation indicates possible abuse of an offender, the
investigator shall refer the complaint, together with his report, to the
director for appropriate action.

7. Reports made pursuant to this section shall be confidential and shall
not be deemed a public record and shall not be subject to the provisions
of section 109.180, RSMo, or chapter 610, RSMo.

8. Anyone who makes a report pursuant to this section or who testifies in
any administrative or judicial proceeding arising from the report shall
be immune from any civil or criminal liability for making such a report
or for testifying, except for liability for perjury, unless such person
acted in bad faith or with malicious purpose.

9. Within five working days after a report required to be made under
subsection 1 of this section is received, the person making the report
shall be notified in writing of its receipt and of the initiation of the
investigation.

10. No person who directs or exercises any authority in a correctional
center operated or funded by the department shall harass, dismiss or
retaliate against an offender or employee because he or any member of his
family has made a report of any violation or suspected violation of laws,
ordinances or regulations applying to the correctional center which he
has reasonable cause to believe has been committed or has occurred. (L.
1982 H.B. 1196 § 27, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)

It shall be the duty of the department of corrections to ensure
that an autopsy is performed upon all offenders within the custody of the
department who die under violent or suspicious circumstances or apparent
suicide to ascertain as nearly as possible the cause of death. The
department shall maintain a record of the findings and conclusions of
each such autopsy. (L. 1995 H.B. 424 § 2)

A person convicted of any crime under section 217.400, 217.405,
or 217.410 shall be disqualified from holding any position in the
department. (L. 1982 H.B. 1196 § 28, A.L. 1989 H.B. 408)

1. Except in case of an emergency, the department shall not
authorize or permit any major surgery to be performed upon or general
anesthetic to be administered to any offender committed to the department
unless specific written consent thereto shall first have been obtained
from the offender or his parent or legal guardian if he is a minor, or,
in the absence of such consent, from the court which vested legal custody
of such offender in the department or the circuit court of the county
where the offender is located.

2. Upon the recommendation of an attending physician, psychiatrist,
psychologist, surgeon or dentist, the department may authorize medical,
psychiatric, psychological, surgical or dental care and treatment,
respectively, as may be required by the condition of the offender. If the
care and treatment is contrary to the religious tenets and beliefs of
such offender, the treatment of such offender may be authorized by the
department only upon the specific written consent of the offender, or his
parent or legal guardian if he is a minor, or, in the absence of such
consent, upon the specific written order of the court which vested legal
custody of the offender in the department or the circuit court of the
county where the offender's correctional center is located.

3. When the offender has been placed in a correctional center other than
one administered by the department, the person or persons administering
such facility shall have the authority to provide the offender with
necessary medical, psychiatric, psychological, surgical or dental care
only to the extent that such authority has been delegated to such persons
with respect to particular offenders and subject to such limitations as
may be prescribed by law. (L. 1982 H.B. 1196 § 29, A.L. 1989 H.B. 408,
A.L. 1995 H.B. 424)

1. The director may extend the limits of the place of
confinement of an offender who, he has reasonable cause to believe, will
honor his trust, by authorizing the offender, under prescribed
conditions, to visit specifically designated places within the state for
a period not to exceed thirty days per year and to return to the custody
of the department. The authority herein conferred may be exercised to
permit the offender to visit a relative who is ill, to attend the funeral
of a relative, to obtain medical services not otherwise available, to
contact prospective employers and to participate in approved
rehabilitation programs. If the offender is enrolled in a community
release program or in need of emergency medical services, the thirty day
per annum limitation may be extended at the director's discretion.

2. A copy of any order of the director shall be sent to the circuit
judge, sheriff and prosecuting attorney of the county or circuit attorney
of any city not within a county from which the offender was sentenced and
the county of the proposed visit at least ten days in advance of such
order except in the case of an order permitting the visit to attend the
funeral of a relative or for an emergency medical furlough. (L. 1982 H.B.
1196 § 93, A.L. 1989 H.B. 408)

1. The director may contract with private or public
organizations and correctional facilities operated by other political
subdivisions in this state having suitable facilities for the
establishment of residential treatment facilities and other
community-based sanctions where persons committed to the custody and
supervision of the department may be housed and supervised outside of
regularly established departmental correctional centers.

2. Contracts under this section shall include the following minimum
conditions:

(1) The contracting parties shall agree to implement a program for each
offender assigned to a residential treatment facility or other
community-based sanction. The program shall be prepared in cooperation
with the department and shall take into consideration the needs and
abilities of the individual;

(2) Provision shall be made for inspection of the facilities used under
the contract on a regular basis by a full-time employee of the department
to assure adherence to the programs and maintenance of adequate health
and conduct standards;

(3) Payment for housing and supervision shall be made on a monthly basis.
The director shall obligate no more than the amount appropriated in each
fiscal year's budget for such services;

(4) Offenders assigned to residential treatment facilities or other
community-based sanctions shall be encouraged to seek outside employment
and shall be required to pay a percentage of their earned wages
established by the director to a maximum amount not to exceed the average
daily per capita costs for maintenance of all persons committed to the
department during the previous fiscal year. All moneys received from the
offenders shall be paid into the state treasury and credited to the
"Inmate Fund", which is hereby created. This fund shall be supervised by
the director and all expenditures therefrom shall be approved by the
director. The funds shall be used as provided by appropriation, to
support offenders in education programs, drug treatment programs,
residential treatment facilities, other community-based sanctions,
electronic monitoring, or in work or educational release programs;

(5) Offenders assigned to residential treatment facilities or other
community-based sanctions shall be governed by the same laws and
department, division, and correctional center rules as apply to all
persons committed to the department. Individuals assigned to a
residential treatment facility or other community-based sanctions from a
department facility may be returned to a correctional center of the
department for infractions of rules or failure to comply with a release
program;

(6) No residential treatment facility may be located in any
unincorporated area of a county or within a city where the zoning is for
single-family residency use or occupancy, without prior approval of the
governing body of the county or city. (L. 1982 H.B. 1196 § 94, A.L. 1989
H.B. 408, A.L. 1990 H.B. 974, A.L. 1995 H.B. 424)

1. The director may establish, at those correctional facilities
he so designates, a program of work and educational release for those
offenders who meet the standards established by department rules and
regulations.

2. Each offender on work release shall pay a percentage of his wages,
established by department rules, to a maximum of the per capita cost of
offender support per month, to the department as maintenance. The money
received from the inmate shall be deposited in the inmate fund and shall
be expended pursuant to section 217.430.

3. All offenders in college educational release programs shall be
responsible for their own school expenses. (L. 1982 H.B. 1196 § 95, A.L.
1989 H.B. 408)

CROSS REFERENCE: Aggravated harassment of an employee, penalty, RSMo
565.092

Performance of free work or work compensated at less than
minimum wage for a public or charitable purpose, by any person under the
supervision of the department of corrections, shall not be deemed
employment within the meaning of the provisions of chapter 288, RSMo. Any
county, city, person, organization, or agency charged with the
supervision of such free work or who benefits from its performance shall
be immune from any suit by the offender or any person deriving a cause of
action from him if such cause of action arises from such supervision or
performance, except for negligence or an intentional tort. (L. 1995 H.B.
424 § 1)

1. Any person confined in a department correctional facility may
request a final disposition of any untried indictment, information or
complaint pending in this state on the basis of which a detainer has been
lodged against him while so imprisoned. The request shall be in writing
addressed to the court in which the indictment, information or complaint
is pending and to the prosecuting attorney charged with the duty of
prosecuting it, and shall set forth the place of imprisonment.

2. The director shall promptly inform each offender in writing of the
source and nature of any untried indictment, information or complaint for
which a detainer has been lodged against him of which the director has
knowledge, and of his right to make a request for final disposition of
such indictment, information or complaint on which the detainer is based.

3. Failure of the director to inform an offender, as required by this
section, within one year after a detainer has been filed at the facility
shall entitle him to a final dismissal of the indictment, information or
complaint with prejudice. (L. 1982 H.B. 1196 § 78, A.L. 1989 H.B. 408,
A.L. 1995 H.B. 424)

The request provided for in section 217.450 shall be delivered
to the director, who shall forthwith:

(1) Certify the term of commitment under which the offender is being
held, the time already served, the time remaining to be served on the
sentence, the time of parole eligibility of the offender, and any
decisions of the state board of probation and parole relating to the
offender; and

(2) Send by registered or certified mail, return receipt requested, one
copy of the request and certificate to the court and one copy to the
prosecuting attorney to whom it is addressed. (L. 1982 H.B. 1196 § 79,
A.L. 1989 H.B. 408)

Within one hundred eighty days after the receipt of the request
and certificate, pursuant to sections 217.450 and 217.455, by the court
and the prosecuting attorney or within such additional necessary or
reasonable time as the court may grant, for good cause shown in open
court, the offender or his counsel being present, the indictment,
information or complaint shall be brought to trial. The parties may
stipulate for a continuance or a continuance may be granted if notice is
given to the attorney of record with an opportunity for him to be heard.
If the indictment, information or complaint is not brought to trial
within the period, no court of this state shall have jurisdiction of such
indictment, information or complaint, nor shall the untried indictment,
information or complaint be of any further force or effect; and the court
shall issue an order dismissing the same with prejudice. (L. 1982 H.B.
1196 § 80, A.L. 1989 H.B. 408)

(1991) Defendant's first trial resulted in a mistrial and second trial
took place more than one hundred eighty days after defendant filed
request for speedy trial, therefore statute was complied with, because
defendant was "brought to trial" within the one hundred eighty days.
State v. Clark, 809 S.W.2d 139 (Mo.App.E.D.).

Escape from custody by any offender subsequent to his execution
of a request for final disposition of an untried indictment, information
or complaint shall void the request. (L. 1982 H.B. 1196 § 81, A.L. 1989
H.B. 408)

The expense of transporting any offender between the place of
his confinement and the county wherein an untried indictment, information
or complaint is pending shall be paid by the county. It shall be the duty
of the sheriff to transport the offender, and he shall be compensated for
such service as provided by section 57.290, RSMo. (L. 1982 H.B. 1196 §
82, A.L. 1989 H.B. 408)

The director shall arrange for all offenders to be informed in
writing of the provisions of sections 217.450 to 217.485 and for a record
of such writing to be placed in the offender's file. (L. 1982 H.B. 1196 §
83, A.L. 1983 H.B. 713 Revision, A.L. 1989 H.B. 408)

Sections 217.450 to 217.485 shall be so construed as to
effectuate its general purpose to make uniform the law of those states
which enact it. (L. 1982 H.B. 1196 § 84, A.L. 1983 H.B. 713 Revision)

Sections 217.450 to 217.485 may be cited as the "Uniform
Mandatory Disposition of Detainers Law". (L. 1982 H.B. 1196 § 85, A.L.
1983 H.B. 713 Revision)

The "Agreement on Detainers" is hereby enacted into law and
entered into with all jurisdictions legally joining therein, in the form
substantially as follows:

AGREEMENT ON DETAINERS

ARTICLE I

The party states find that charges outstanding against a prisoner,
detainers based on untried indictments, informations or complaints, and
difficulties in securing speedy trial of persons already incarcerated in
other jurisdictions, produce uncertainties which obstruct programs of
prisoner treatment and rehabilitation. Accordingly, it is the policy of
the party states and the purpose of this agreement to encourage the
expeditious and orderly disposition of such charges and determination of
the proper status of any and all detainers based on untried indictments,
informations or complaints. The party states also find that proceedings
with reference to such charges and detainers, when emanating from another
jurisdiction, cannot properly be had in the absence of cooperative
procedures. It is the further purpose of this agreement to provide such
cooperative procedures.

ARTICLE II

As used in this agreement:

1. "State" means a state of the United States; the United States of
America; a territory or possession of the United States; the District of
Columbia; the commonwealth of Puerto Rico.

2. "Sending state" means a state in which a prisoner is incarcerated at
the time that he initiates a request for final disposition pursuant to
article III of this agreement or at the time that a request for custody
or availability is initiated pursuant to article IV hereof.

3. "Receiving state" means the state in which trial is to be had on an
indictment, information or complaint pursuant to article III or article
IV of this agreement.

ARTICLE III

1. Whenever a person has entered upon a term of imprisonment in a penal
or correctional institution of a party state, and whenever during the
continuance of the term of imprisonment there is pending in any other
party state any untried indictment, information or complaint on the basis
of which a detainer has been lodged against the prisoner, he shall be
brought to trial within one hundred eighty days after he shall have
caused to be delivered to the prosecuting officer and the appropriate
court of the prosecuting officer's jurisdiction written notice of the
place of his imprisonment and his request for a final disposition to be
made of the indictment, information or complaint; provided that for good
cause shown in open court, the prisoner or his counsel being present, the
court having jurisdiction of the matter may grant any necessary or
reasonable continuance. The request of the prisoner shall be accompanied
by a certificate of the appropriate official having custody of the
prisoner, stating the term of commitment under which the prisoner is
being held, the time already served, the time remaining to be served on
the sentence, the amount of good time earned, the time of parole
eligibility of the prisoner, and any decisions of the state parole agency
relating to the prisoner.

2. The written notice and request for final disposition referred to in
paragraph 1 of this article shall be given or sent by the prisoner to the
warden, director of the division of adult institutions or other official
having custody of him, who shall promptly forward it together with the
certificate to the appropriate prosecuting official and court by
registered or certified mail, return receipt requested.

3. The warden, director of the division of adult institutions or other
official having custody of the prisoner shall promptly inform him of the
source and contents of any detainer lodged against him and shall also
inform him of his right to make a request for final disposition of the
indictment, information or complaint on which the detainer is based.

4. Any request for final disposition made by a prisoner pursuant to
paragraph 1 of this article shall operate as a request for final
disposition of all untried indictments, informations or complaints on the
basis of which detainers have been lodged against the prisoner from the
state to whose prosecuting official the request for final disposition is
specifically directed. The warden, director of the division of adult
institutions or other official having custody of the prisoner shall
forthwith notify all appropriate prosecuting officers and courts in the
several jurisdictions within the state to which the prisoner's request
for final disposition is being sent of the proceeding being initiated by
the prisoner. Any notification sent pursuant to this paragraph shall be
accompanied by copies of the prisoner's written notice, request, and the
certificate. If trial is not had on any indictment, information or
complaint contemplated hereby prior to the return of the prisoner to the
original place of imprisonment, such indictment, information or complaint
shall not be of any further force or effect, and the court shall enter an
order dismissing the same with prejudice.

5. Any request for final disposition made by a prisoner pursuant to
paragraph 1 of this article shall also be deemed to be a waiver of
extradition with respect to any charge or proceeding contemplated thereby
or included therein by reason of paragraph 4 of this article, and a
waiver of extradition to the receiving state to serve any sentence there
imposed upon him, after completion of his term of imprisonment in the
sending state. The request for final disposition shall also constitute a
consent by the prisoner to the production of his body in any court where
his presence may be required in order to effectuate the purposes of this
agreement and a further consent voluntarily to be returned to the
original place of imprisonment in accordance with the provisions of this
agreement. Nothing in this paragraph shall prevent the imposition of a
concurrent sentence if otherwise permitted by law.

6. Escape from custody by the prisoner subsequent to his execution of the
request for final disposition referred to in paragraph 1 of this article
shall void the request.

ARTICLE IV

1. The appropriate officers of the jurisdiction in which an untried
indictment, information or complaint is pending shall be entitled to have
a prisoner against whom he has lodged a detainer and who is serving a
term of imprisonment in any party state made available in accordance with
paragraph 1 of article V of this agreement upon presentation of a written
request for temporary custody or availability to the appropriate
authorities of the state in which the prisoner is incarcerated; provided
that the court having jurisdiction of the indictment, information or
complaint shall have duly approved, recorded and transmitted the request;
and provided further that there shall be a period of thirty days after
receipt by the appropriate authorities before the request be honored,
within which period the governor of the sending state may disapprove the
request for temporary custody or availability, either upon his own motion
or upon motion of the prisoner.

2. Upon receipt of the officer's written request as provided in paragraph
1 of this article, the appropriate authorities having the prisoner in
custody shall furnish the officer with a certificate stating the term of
commitment under which the prisoner is being held, the time already
served, the time remaining to be served on the sentence, the amount of
good time earned, the time of parole eligibility of the prisoner, and any
decisions of the state parole agency relating to the prisoner. The
authorities simultaneously shall furnish all other officers and
appropriate courts in the receiving state who have lodged detainers
against the prisoner with similar certificates and with notices informing
them of the request for custody or availability and of the reasons
therefor.

3. In respect of any proceeding made possible by this article, trial
shall be commenced within one hundred twenty days of the arrival of the
prisoner in the receiving state, but for good cause shown in open court,
the prisoner or his counsel being present, the court having jurisdiction
of the matter may grant any necessary or reasonable continuance.

4. Nothing contained in this article shall be construed to deprive any
prisoner of any right which he may have to contest the legality of his
delivery as provided in paragraph 1 of this article, but such delivery
may not be opposed or denied on the ground that the executive authority
of the sending state has not affirmatively consented to or ordered such
delivery.

5. If trial is not had on any indictment, information or complaint
contemplated hereby prior to the prisoner's being returned to the
original place of imprisonment pursuant to paragraph 5 of article V of
this agreement, such indictment, information or complaint shall not be of
any further force or effect, and the court shall enter an order
dismissing the same with prejudice.

ARTICLE V

1. In response to a request made under article III or article IV of this
agreement, the appropriate authority in a sending state shall offer to
deliver temporary custody of the prisoner to the appropriate authority in
the state where the indictment, information or complaint is pending
against the person in order that speedy and efficient prosecution may be
had. If the request for final disposition is made by the prisoner, the
offer of temporary custody shall accompany the written notice provided
for in article III of this agreement. In the case of a federal prisoner,
the appropriate authority in the receiving state shall be entitled to
temporary custody as provided by this agreement or to the prisoner's
presence in federal custody at the place for trial, whichever custodial
arrangement may be approved by the custodian.

2. The officer or other representative of a state accepting an offer of
temporary custody shall present the following upon demand:

(1) Proper identification and evidence of his authority to act for the
state into whose temporary custody the prisoner is to be given; and

(2) A duly certified copy of the indictment, information or complaint on
the basis of which the detainer has been lodged and on the basis of which
the request for temporary custody of the prisoner has been made.

3. If the appropriate authority shall refuse or fail to accept temporary
custody of the person, or in the event that an action on the indictment,
information or complaint on the basis of which the detainer has been
lodged is not brought to trial within the period provided in article III
or article IV of this agreement, the appropriate court of the
jurisdiction where the indictment, information or complaint has been
pending shall enter an order dismissing the same with prejudice, and any
detainer based thereon shall cease to be of any force or effect.

4. The temporary custody referred to in this agreement shall be only for
the purpose of permitting prosecution on the charge or charges contained
in one or more untried indictments, informations, or complaints which
form the basis of the detainer or detainers or for prosecution on any
other charge or charges arising out of the same transaction. Except for
his attendance at court and while being transported to or from any place
at which his presence may be required, the prisoner shall be held in a
suitable jail or other facility regularly used for persons awaiting
prosecution.

5. At the earliest practicable time consonant with the purposes of this
agreement, the prisoner shall be returned to the sending state.

6. During the continuance of temporary custody or while the prisoner is
otherwise being made available for trial as required by this agreement,
time being served on the sentence shall continue to run but good time
shall be earned by the prisoner only if, and to the extent that, the law
and practice of the jurisdiction which imposed the sentence may allow.

7. For all purposes other than that for which temporary custody as
provided in this agreement is exercised, the prisoner shall be deemed to
remain in the custody of and subject to the jurisdiction of the sending
state and any escape from temporary custody may be dealt with in the same
manner as an escape from the original place of imprisonment or in any
other manner permitted by law.

8. From the time that a party state receives custody of a prisoner
pursuant to this agreement until such prisoner is returned to the
territory and custody of the sending state, the state in which the one or
more untried indictments, informations or complaints are pending or in
which trial is being had shall be responsible for the prisoner and shall
also pay all costs of transporting, caring for, keeping and returning the
prisoner. The provisions of this paragraph shall govern unless the states
concerned shall have entered into a supplementary agreement providing for
a different allocation of costs and responsibilities as between or among
themselves. Nothing herein contained shall be construed to alter or
affect any internal relationship among the departments, agencies and
officers of and in the government of a party state, or between a party
state and its subdivisions, as to the payment of costs, or
responsibilities therefor.

ARTICLE VI

1. In determining the duration and expiration dates of the time periods
provided in articles III and IV of this agreement, the running of the
time periods shall be tolled whenever and for as long as the prisoner is
unable to stand trial, as determined by the court having jurisdiction of
the matter.

2. No provisions of this agreement, and no remedy made available by this
agreement, shall apply to any person who is adjudged to be mentally ill.

ARTICLE VII

Each state party to this agreement shall designate an officer who, acting
jointly with like officers of other party states, shall promulgate rules
and regulations to carry out more effectively the terms and provisions of
this agreement, and who shall provide, within and without the state,
information necessary to the effective operation of this agreement.

ARTICLE VIII

This agreement shall enter into full force and effect as to a party state
when such state has enacted the same into law. A state party to this
agreement may withdraw herefrom by enacting a statute repealing the same.
However, the withdrawal of any state shall not affect the status of any
proceedings already initiated by inmates or by state officers at the time
such withdrawal takes effect, nor shall it affect their rights in respect
thereof.

ARTICLE IX

This agreement shall be liberally construed so as to effectuate its
purposes. The provisions of this agreement shall be severable and if any
phrase, clause, sentence or provision of this agreement is declared to be
contrary to the constitution of any party state or of the United States
or the applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of this
agreement and the applicability thereof to any government, agency, person
or circumstance shall not be affected thereby. If this agreement shall be
held contrary to the constitution of any state party hereto, the
agreement shall remain in full force and effect as to the remaining
states and in full force and effect as to the state affected as to all
severable matters. (L. 1982 H.B. 1196 § 86)

(1987) The 180-day limitation period imposed by subsection 1 of article
III of this section does not commence until proper state authorities
receive a request for final disposition of an outstanding detainer. State
v. Walton, 734 S.W.2d 502 (Mo. banc).

The phrase "appropriate court" as used in the agreement on
detainers shall, with reference to the courts of this state, mean the
state supreme court, the state court of appeals, and the state circuit
courts except the probate or municipal divisions thereof. (L. 1982 H.B.
1196 § 87)

All courts, departments, agencies, officers and employees of
this state and its political subdivisions are hereby directed to enforce
the agreement on detainers and to cooperate with one another and with
other party states in enforcing the agreement and effectuating its
purpose. (L. 1982 H.B. 1196 § 88)

Nothing in sections 217.490 to 217.520 or in the agreement on
detainers shall be construed to require the application of the habitual
offender law, sections 556.280 and 556.290, RSMo, to any person on
account of any conviction had in a proceeding brought to final
disposition by reason of the use of this agreement. (L. 1982 H.B. 1196 §
89)

Escape from custody by any offender subsequent to the execution
of a request for final disposition under the provisions of sections
217.490 to 217.520 shall void the request and subject the offender to
conviction under sections 217.225 and 217.390 relating to escape from
custody. (L. 1982 H.B. 1196 § 90, A.L. 1989 H.B. 408)

The chief administrative officer of a state correctional center
shall give over the person of any offender within such correctional
center whenever so required by the operation of the agreement on
detainers. (L. 1982 H.B. 1196 § 91, A.L. 1989 H.B. 408, A.L. 1995 H.B.
424)

The governor shall designate a central administrator of and
information agent for the agreement on detainers. (L. 1982 H.B. 1196 § 92)

The director is hereby authorized to enter into a contract on
behalf of the state of Missouri with the United States, pursuant to the
provisions of an act of the Congress of the United States granting
consent to the states to enter into agreements or compacts for
cooperative effort and mutual assistance in the prevention of crime and
for other purposes, which contract shall have as its objective the
establishment of programs whereby persons convicted of crimes in any
state party to the agreement may be transferred to and incarcerated in
correctional facilities in any other state party to the agreement. (L.
1982 H.B. 1196 § 111, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)

No part of this law may be used to transfer a Missouri convicted
offender against his will from Missouri to a state where he is wanted for
the commission of any criminal offense. (L. 1982 H.B. 1196 § 112, A.L.
1995 H.B. 424)

The contract authorized by section 217.525 shall conform to the
Interstate Corrections Compact which is hereby enacted as follows:

INTERSTATE CORRECTIONS COMPACT

ARTICLE I

Purpose and Policy

The party states, desiring by common action to fully utilize and improve
their institutional facilities and provide adequate programs for the
confinement, treatment and rehabilitation of various types of offenders,
declare that it is the policy of each of the party states to provide such
facilities and programs on a basis of cooperation with one another,
thereby serving the best interests of such offenders and of society and
effecting economies in capital expenditures and operational costs. The
purpose of this compact is to provide for the mutual development and
execution of such programs of cooperation for the confinement, treatment
and rehabilitation of offenders with the most economical use of human and
material resources.

ARTICLE II

Definitions

As used in this compact, unless the context clearly requires otherwise:

(a) "State" means a state of the United States; the United States of
America; a territory or possession of the United States; the District of
Columbia; the commonwealth of Puerto Rico.

(b) "Sending state" means a state party to this compact in which
conviction or court commitment was had.

(c) "Receiving state" means a state party to this compact to which an
inmate is sent for confinement other than a state in which conviction or
court commitment was had.

(d) "Inmate" means a male or female offender who is committed, under
sentence to or confined in a penal or correctional institution.

(e) "Institution" means any penal or correctional facility, including but
not limited to a facility for the mentally ill or mentally defective, in
which inmates as defined in (d) above may lawfully be confined.

ARTICLE III

Contracts

(a) Each party state may make one or more contracts with any one or more
of the other party states for the confinement of inmates on behalf of a
sending state in institutions situated within receiving states. Any such
contract shall provide for:

1. Its duration.

2. Payments to be made to the receiving state by the sending state for
inmate maintenance, extraordinary medical and dental expenses, and any
participation in or receipt by inmates of rehabilitative or correctional
services, facilities, programs or treatment not reasonably included as
part of normal maintenance.

3. Participation in programs of inmate employment, if any; the
disposition or crediting of any payments received by inmates on account
thereof; and the crediting of proceeds from or disposal of any products
resulting therefrom.

4. Delivery and retaking of inmates.

(a) Such other matters as may be necessary and appropriate to fix the
obligations, responsibilities and rights of the sending and receiving
states.

(b) The terms and provisions of this compact shall be a part of any
contract entered into by the authority of or pursuant thereto, and
nothing in any such contract shall be inconsistent therewith.

ARTICLE IV

Procedures and Rights

(a) Whenever the duly constituted authorities in a state party to this
compact, and which has entered into a contract pursuant to article III,
shall decide that confinement in, or transfer of an inmate to, an
institution within the territory of another party state is necessary or
desirable in order to provide adequate quarters and care or an
appropriate program of rehabilitation or treatment, said officials may
direct that the confinement be within an institution within the territory
of said other party state, the receiving state to act in that regard
solely as agent for the sending state.

(b) The appropriate officials of any state party to this compact shall
have access, at all reasonable times, to any institution in which it has
a contractual right to confine inmates for the purpose of inspecting the
facilities thereof and visiting such of its inmates as may be confined in
the institution.

(c) Inmates confined in an institution pursuant to the terms of this
compact shall at all times be subject to the jurisdiction of the sending
state and may at any time be removed therefrom for transfer to a prison
or other institution within the sending state, for transfer to another
institution in which the sending state may have a contractual or other
right to confine inmates, for release on probation or parole, for
discharge, or for any other purpose permitted by the laws of the sending
state; provided that the sending state shall continue to be obligated to
such payments as may be required pursuant to the terms of any contract
entered into under the terms of article III.

(d) Each receiving state shall provide regular reports to each sending
state on the inmates of that sending state in institutions pursuant to
this compact including a conduct record of each inmate and certify said
record to the official designated by the sending state, in order that
each inmate may have official review of his or her record in determining
and altering the disposition of said inmate in accordance with the law
which may obtain in the sending state and in order that the same may be a
source of information for the sending state.

(e) All inmates who may be confined in an institution pursuant to the
provisions of this compact shall be treated in a reasonable and humane
manner and shall be treated equally with such similar inmates of the
receiving state as may be confined in the same institution. The fact of
confinement in a receiving state shall not deprive any inmate so confined
of any legal rights which said inmate would have had if confined in an
appropriate institution of the sending state.

(f) Any hearing or hearings to which an inmate confined pursuant to this
compact may be entitled by the laws of the sending state may be had
before the appropriate authorities of the sending state or of the
receiving state if authorized by the sending state. The receiving state
shall provide adequate facilities for such hearings as may be conducted
by the appropriate officials of a sending state. In the event such
hearing or hearings are had before officials of the receiving state, the
governing law shall be that of the sending state and a record of the
hearing or hearings as prescribed by the sending state shall be made.
Said record together with any recommendations of the hearing officials
shall be transmitted forthwith to the official or officials before whom
the hearing would have been had if it had taken place in the sending
state. In any and all proceedings had pursuant to the provisions of this
subdivision, the officials of the receiving state shall act solely as
agents of the sending state and no final determination shall be made in
any matter except by the appropriate officials of the sending state.

(g) Any inmate confined pursuant to this compact shall be released within
the territory of the sending state unless the inmate, and the sending and
receiving states, shall agree upon release in some other place. The
sending state shall bear the cost of such return to its territory.

(h) Any inmate confined pursuant to the terms of this compact shall have
any and all rights to participate in and derive any benefits or incur or
be relieved of any obligations or have such obligations modified or his
status changed on account of any action or proceeding in which he could
have participated if confined in any appropriate institution of the
sending state located within such state.

(i) The parent, guardian, trustee, or other person or persons entitled
under the laws of the sending state to act for, advise, or otherwise
function with respect to any inmate shall not be deprived of or
restricted in his exercise of any power in respect of any inmate confined
pursuant to the terms of this compact.

ARTICLE V

Acts Not Reviewable in Receiving State Extradition

(a) Any decision of the sending state in respect of any matter over which
it retains jurisdiction pursuant to this compact shall be conclusive upon
and not reviewable within the receiving state, but if at the time the
sending state seeks to remove an inmate from an institution in the
receiving state there is pending against the inmate within such state any
criminal charge or if the inmate is formally accused of having committed
within such state a criminal offense, the inmate shall not be returned
without the consent of the receiving state until discharged from
prosecution or other forms of proceedings, imprisonment or detention for
such offense. The duly accredited officers of the sending state shall be
permitted to transport inmates pursuant to this compact through any and
all states party to this compact without interference.

(b) An inmate who escapes from an institution in which he is confined
pursuant to this compact shall be deemed a fugitive from the sending
state and from the state in which the institution is situated. In the
case of an escape to a jurisdiction other than the sending or receiving
state, the responsibility for institution of extradition or rendition
proceedings shall be that of the sending state, but nothing contained
herein shall be construed to prevent or affect the activities of officers
and agencies of any jurisdiction directed toward the apprehension and
return of an escapee.

ARTICLE VI

Federal Aid

Any state party to this compact may accept federal aid for use in
connection with any institution or program, the use of which is or may be
affected by this compact or any contract pursuant hereto and any inmate
in a receiving state pursuant to this compact may participate in any such
federally aided program or activity for which the sending and receiving
states have made contractual provision, provided that if such program or
activity is not part of the customary correctional regimen the express
consent of the appropriate official of the sending state shall be
required therefor.

ARTICLE VII

Entry into Force

This compact shall enter into force and become effective and binding upon
the state so acting when it has been enacted into law by any two states.
Thereafter, this compact shall enter into force and become effective and
binding as to any other of said states upon similar action by such states.

ARTICLE VIII

Withdrawal and Termination

This compact shall continue in force and remain binding upon a party
state until it shall have enacted a statute repealing the same and
providing for the sending of formal written notice of withdrawal from the
compact to the appropriate officials of all other party states. An actual
withdrawal shall not take effect until one year after the notices
provided in said statute have been sent. Such withdrawal shall not
relieve the withdrawing state from its obligations assumed hereunder
prior to the effective date of withdrawal. Before the effective date of
withdrawal, a withdrawing state shall remove to its territory, at its own
expense, such inmates as it may have confined pursuant to the provisions
of this compact.

ARTICLE IX

Other Arrangements Unaffected

Nothing contained in this compact shall be construed to abrogate or
impair any agreement or other arrangement which a party state may have
with a nonparty state for the confinement, rehabilitation or treatment of
inmates nor to repeal any other laws of a party state authorizing the
making of cooperative institutional arrangements.

ARTICLE X

Construction and Severability

The provisions of this compact shall be liberally construed and shall be
severable. If any phrase, clause, sentence or provision of this compact
is declared to be contrary to the constitution of any participating state
or of the United States or the applicability thereof to any government,
agency, person or circumstance is held invalid, the validity of the
remainder of this compact and the applicability thereof to any
government, agency, person or circumstance shall not be affected thereby.
If this compact shall be held contrary to the constitution of any state
participating therein, the compact shall remain in full force and effect
as to the remaining states and in full force and effect as to the state
affected as to all severable matters. (L. 1982 H.B. 1196 § 113)

The director is hereby authorized and directed to do all things
necessary or incidental to the carrying out of a compact prescribed by
section 217.525 in every particular and he may in his discretion delegate
this authority. (L. 1982 H.B. 1196 § 114, A.L. 1989 H.B. 408)

1. The department shall by rule establish a program of house
arrest. The director or his designee may extend the limits of confinement
of offenders serving sentences for class C or D felonies who have one
year or less remaining prior to release on parole, conditional release,
or discharge to participate in the house arrest program.

2. The offender referred to the house arrest program shall remain in the
custody of the department and shall be subject to rules and regulations
of the department pertaining to offenders of the department until
released on parole or conditional release by the state board of probation
and parole.

3. The department shall require the offender to participate in work or
educational or vocational programs and other activities that may be
necessary to the supervision and treatment of the offender.

4. An offender released to house arrest shall be authorized to leave his
place of residence only for the purpose and time necessary to participate
in the program and activities authorized in subsection 3 of this section.

5. The board of probation and parole shall supervise every offender
released to the house arrest program and shall verify compliance with the
requirements of this section and such other rules and regulations that
the department shall promulgate and may do so by remote electronic
surveillance. If any probation/parole officer has probable cause to
believe that an offender under house arrest has violated a condition of
the house arrest agreement, the probation/parole officer may issue a
warrant for the arrest of the offender. The probation/parole officer may
effect the arrest or may deputize any officer with the power of arrest to
do so by giving the officer a copy of the warrant which shall outline the
circumstances of the alleged violation. The warrant delivered with the
offender by the arresting officer to the official in charge of any jail
or other detention facility to which the offender is brought shall be
sufficient legal authority for detaining the offender. An offender
arrested under this section shall remain in custody or incarcerated
without consideration of bail. The director or his designee, upon
recommendation of the probation and parole officer, may direct the return
of any offender from house arrest to a correctional facility of the
department for reclassification.

6. Each offender who is released to house arrest shall pay a percentage
of his wages, established by department rules, to a maximum of the per
capita cost of the house arrest program. The money received from the
offender shall be deposited in the inmate fund and shall be expended to
support the house arrest program. (L. 1987 S.B. 39 § 1, A.L. 1989 H.B.
408, A.L. 1990 H.B. 974)

1. An offender of the department released to the house arrest
program commits the crime of failure to return to house arrest if he
purposely fails to return to his place of residence or activity
authorized by subsection 3 of section 217.541 when he is required to do
so.

2. Failure to return to house arrest is a class D felony. (L. 1987 S.B.
39 § 2, A.L. 1989 H.B. 408)

1. The jailer of any city not within a county having custody of
pretrial detainees or persons serving sentences for violation of state or
local laws may establish a program of house arrest consistent with the
provisions of this section.

2. Such jailer shall by rule establish a program of house arrest. Such
jailer may extend the limits of confinement for pretrial detainees or
persons serving sentences for violation of* state or local laws.

3. The inmate or detainee shall remain an inmate of such jailer and shall
be subject to the rules and regulations of the house arrest program.

4. Such jailer shall require the inmate or detainee to participate in
work or educational or vocational programs and other activities that may
be necessary to the supervision and treatment of the inmate or detainee.

5. An inmate or detainee released to house arrest shall be authorized to
leave his place of residence only for the purpose and time necessary to
participate in the programs and activities authorized.

6. Such jailer shall supervise every inmate or detainee released to the
house arrest program and shall verify compliance with the requirements
set forth for each person so released and such other rules and
regulations that such jailer shall promulgate, and may do so by remote
electronic surveillance. Such jailer may direct to any peace officer the
return of any inmate or detainee from house arrest for violation of the
conditions of release.

7. Each inmate or detainee who is released on house arrest shall pay a
percentage of his wages to cover the costs of house arrest, such amount
to be established by the jailer.

8. An inmate released to the house arrest program pursuant to this
section commits the crime of escape from custody if such inmate purposely
fails to return to his place of residence or activity as established by
the jailer when he is required to do so. Escape from custody is a class D
felony. (L. 1991 H.B. 566)

*Word "of" does not appear in original rolls.

1. The department shall establish and operate at its
correctional centers a vocational enterprise program which includes
industries, services, vocational training, and agribusiness operations.
The director shall have general supervision over planning, establishment
and management of all vocational enterprise operations provided by and
within the department and shall decide at which correctional center each
vocational enterprise shall be located, taking into consideration the
offender custody levels, the number of offenders in each correctional
center so the best service or distribution of labor may be secured,
location and convenience of the correctional centers in relation to the
other correctional centers to be supplied or served and the machinery
presently contained in each correctional center.

2. No service shall be established or renewed without prior approval by
the advisory board of vocational enterprises program established by
section 217.555 and the joint committee on corrections established by
sections 21.440 to 21.465, RSMo. Both the board and the committee shall
make a finding that the establishment of the service shall be beneficial
to those offenders involved and shall not adversely affect any statewide
economic group or industry.

3. The annual report of Missouri vocational enterprises submitted to the
director shall include:

(1) A list of the correctional industries, services, vocational training
programs, and agribusinesses in operation;

(2) A list of correctional industries, services, vocational training
programs, and agribusinesses started, terminated, moved, expanded, or
reduced during the period;

(3) The average number of offenders employed in each correctional
industry, service, vocational training program, or agribusiness operation;

(4) The volume of sales of articles, services, and materials
manufactured, grown, processed or provided;

(5) An operating statement showing the profit or loss of each industry,
service, vocational training program, and agribusiness operation;

(6) The amount of sales to state agencies or institutions, to political
subdivisions of the state, or any other entity with which the vocational
enterprise program does business, and the amount of open market sales, if
any; and

(7) Such other information concerning the correctional industries,
services, vocational training programs, and agribusiness operations as
requested by the director. (L. 1982 H.B. 1196 § 96, A.L. 1989 H.B. 408,
A.L. 1990 H.B. 974, A.L. 1994 S.B. 763)

1. There is hereby created and established an "Advisory Board of
Vocational Enterprises Program" consisting of the director of the
division of offender rehabilitative services or his designee, who shall
serve as chairman, the vocational enterprises administrator and three
members representing organized labor and three members representing
manufacturing interests, one member who is qualified by education and
experience in criminology, and one member who is qualified by education
and experience in vocational rehabilitation. The public board members
shall be appointed by the department director for a term of four years,
with appointments to this board made so that two members' terms expire
each year. The commissioner of administration or his designee, and the
governor or his designee, shall serve as ex officio members of the board.

2. The board shall meet at least quarterly at the call of the chairman.

3. The board shall provide the director advice and counsel on proper
planning and programs for the vocational enterprises program within the
department and shall make recommendations concerning the services to be
provided and the articles manufactured, including style, design, and
quality, as well as for economy and efficiency in their manufacture. New
industries and agribusiness operations may be established or terminated
at the discretion of the director.

4. The members of the board, other than the chairman, and ex officio
members, shall receive compensation at the rate of one hundred dollars
plus all actual and necessary expenses for each day they are engaged in
the discharge of their official duties. (L. 1982 H.B. 1196 § 97, A.L.
1989 H.B. 408, A.L. 1990 H.B. 974, A.L. 1994 S.B. 763)

The vocational enterprises program shall be diversified both as
to location and kind and shall have for its purposes:

(1) The training and employment of offenders in such job skills and tasks
as will afford them the most favorable opportunities practicable for
gainful employment upon discharge from the department;

(2) The manufacture or provision, so far as practicable, of such goods or
services as are, or may be, needed and used by a department, agency, or
institution of the state or any political subdivision of the state, any
state employee, or any not-for-profit public or private agency;

(3) The servicing, maintenance, and repair, so far as practicable, of
machinery and equipment used by any department, agency or institution of
the state or any political subdivision thereof. (L. 1982 H.B. 1196 § 98,
A.L. 1989 H.B. 408, A.L. 1994 S.B. 763)

1. The director in compliance with the provisions of chapters 8
and 34, RSMo, shall purchase, lease, or otherwise provide suitable
plants, machinery and equipment and purchase materials to put the
vocational enterprise programs into effect. The department may lease or
purchase lands and buildings for the operation and administration of the
vocational enterprises program.

2. The director may lease farm properties under the department's control
on terms and amounts which are fair and reasonable. All moneys received
pursuant to this section shall be deposited in the working capital
revolving fund.

3. The department may purchase in accordance with chapter 34, RSMo, such
raw materials as may be required for any industry service or agribusiness
operation now or hereafter carried on by the department and may employ
such outside help as may be necessary.

4. The commissioner of administration may waive competitive bids and
purchase required supplies for vocational enterprises on the open market
if they can be so purchased at a better price or for delivery necessary
to meet a current production requirement of vocational enterprises. The
commissioner of administration may also purchase on the open market used
equipment for the manufacturing, service, vocational training, or
agribusiness operations of vocational enterprises if the department
director certifies that the purchase price of such equipment is equal to
or lower than the current market value of such equipment.

5. The department shall be responsible for all articles manufactured,
services provided, or products grown or processed by the vocational
enterprises program, and shall act as a distributing agent for the
manufacturing, service and production carried on in its correctional
centers, with authority to appoint agents or salespersons. The director
shall be responsible for the operation and maintenance of the factories,
services, vocational training, and agribusiness and shall establish such
rules and regulations as are deemed necessary. (L. 1982 H.B. 1196 § 99,
A.L. 1989 H.B. 408, A.L. 1994 S.B. 763)

1. Notwithstanding the provisions of any other law to the
contrary, the director is hereby authorized to contract with a private
individual, corporation, partnership or other lawful entity for inmate
work or vocational training projects involving the manufacture and
processing of goods, wares or merchandise, or any service-related
business or commercial enterprise deemed by the director to be consistent
with the proper employment, training and rehabilitation of offenders.

2. Any contract authorized by this section shall be in compliance with
federal law, shall be competitively negotiated by the department and the
private entity, shall not result in the displacement of civilian workers
employed in the community or state, and shall be subject to the approval
of the advisory board of vocational enterprises program created pursuant
to section 217.555 and the joint committee on corrections created
pursuant to sections 21.440 to 21.465, RSMo.

3. The director may lease space in one or more buildings or portions of
buildings on the grounds of any correctional center, together with the
real estate needed for reasonable access to and egress from the leased
premises to a private individual, corporation, partnership or other
lawful entity for the purpose of establishing and operating a business
enterprise. The enterprise shall at all times observe practices and
procedures regarding security as the lease may specify or as the
correctional center superintendent may temporarily stipulate during
periods of emergency. The enterprise shall be deemed a private enterprise
and is subject to all federal and state laws governing the operation of
similar private business enterprises as specified by the authorized
contract.

4. Subject to the approval of the director and upon such terms as may be
prescribed, any lessee operating such an enterprise may employ and
discharge from employment selected offenders of the correctional center
where the enterprise is operated or from other correctional centers in
close proximity. Offenders assigned to such an enterprise are subject to
all departmental and divisional rules in addition to rules and
regulations promulgated by the authorized contractor. Offenders assigned
to such an enterprise for employment purposes shall be required to pay a
percentage of their wages as established by the director of not less than
five percent nor more than twenty percent of gross wages to the crime
victims' compensation fund, section 595.045, RSMo.

5. The director shall establish policies and procedures for determining
the specific wages paid, workers' compensation benefits and deductions
from wages to include room and board; federal, state and Social Security
taxes; and family support. All deductions must not total more than eighty
percent of gross wages. Provisions of the Fair Labor Standards Act shall
apply to contractual offender workers. (L. 1989 H.B. 408 § 3, A.L. 1990
H.B. 974, A.L. 1994 S.B. 763)

The vocational enterprises program shall serve the state and its
political subdivisions use market. The vocational enterprises program
shall be authorized to provide goods or services for other states and
their political subdivisions whenever their laws permit them to contract
with this state. Before entering into any such contract with other
states, an executive agreement shall first be signed between the
executive authorities of the states. Open market sales may be made in
case of excess inventories and at prevailing market prices for goods or
services of like quality and kind, if it is considered to be in the best
interest of the department. Agribusiness operations may make open market
sales as provided by law for the sale of products. (L. 1982 H.B. 1196 §
100, A.L. 1989 H.B. 408, A.L. 1994 S.B. 763)

1. All goods manufactured, services provided or produce of the
vocational enterprises program of the state shall, upon the requisition
of the proper official, be furnished to the state, to any public
institution owned, managed or controlled by the state, or to any private
entity that is leasing space to any agency of the state government for
use in space leased to the state agency, at such prices as shall be
determined as provided in subsection 4 of this section.

2. No goods or services so manufactured, provided or produced shall be
purchased from any other source for the state or public institutions of
the state unless the department shall certify the goods or services
included in the requisition cannot be furnished or supplied by the
vocational enterprises program within ninety days, or, in the event the
same goods or services cannot be procured on the open market within
ninety days, that the vocational enterprises program cannot supply them
within a reasonable time. No claims for the payment of such goods or
services shall be audited or paid without this certificate. One copy each
of the requisition or certificate shall be retained by the department.

3. The division of purchasing and the division of design and construction
shall cooperate with the department in seeking to promote for use by
state agencies and in state-owned or -occupied facilities the products
manufactured and services provided by the vocational enterprises program.

4. The vocational enterprises program shall fix and determine the prices
at which goods and produce so manufactured and produced and services so
provided shall be furnished, and the prices shall be uniform to all. The
cost shall not be fixed at more than the market price for like goods and
services.

5. Any differences between the vocational enterprises program and the
state, its departments, divisions, agencies, institutions, or the
political subdivisions of the state as to style, design, price or quality
of goods shall be submitted to arbitrators whose decision shall be final.
One of the arbitrators shall be named by the program, one by the office,
department, political subdivision or institution concerned, and one by
agreement of the other two. The arbitrators shall receive no
compensation; however, their necessary expenses shall be paid by the
office, department, political subdivision or institution against which
the award is given, or, in the event of a compromise decision, by both
parties, the amount to be paid by each party in portions to be determined
by the arbitrators.

6. The vocational enterprises program may sell office systems and
furniture to any department, agency, or institution of the state or any
political subdivision of the state either through outright purchase or
through payment plan agreement, including handling charges, over a
specified number of months contingent on the solvency of the working
capital revolving fund. Prior approval shall be required by the division
of design and construction for state agencies in situations where the
office of administration controlled state-owned office space is involved
and space in which a lease contract executed by the office of
administration is in effect. (L. 1982 H.B. 1196 § 101, A.L. 1989 H.B.
408, A.L. 1994 S.B. 763)

1. The department shall develop a program to promote the
products and services available from the vocational enterprises program.

2. Once every year, the vocational enterprises program shall issue a
descriptive list of the styles, designs, qualities and types of goods,
materials or services available for the ensuing year.

3. On July first of each year the proper officers of the state and of the
divisions, agencies and institutions and political subdivisions of the
state shall report to the vocational enterprises program estimates for
the ensuing year of the amount of supplies of different kinds or the
types of services required to be purchased by them that can or may be
furnished by the vocational enterprises program. (L. 1982 H.B. 1196 §
102, A.L. 1989 H.B. 408, A.L. 1994 S.B. 763)

Any person who knowingly refuses or neglects to comply with the
provisions of sections 217.575 and 217.580 shall, upon conviction, be
guilty of a class A misdemeanor. (L. 1982 H.B. 1196 § 104)

1. Notwithstanding the provisions of any other law to the
contrary, the director may acquire from or lease one or more buildings or
portions of buildings on the grounds of any correctional center, together
with the real estate needed for reasonable access to and egress from the
leased building, for a term to be decided upon by the director and the
lessee, to a private individual, firm, corporation, or other lawful
entity for the purpose of establishing and operating a plasmapheresis
program.

2. Subject to the approval by the director, any corporation operating a
plasmapheresis program under this section may employ and discharge from
such employment selected offenders of the correctional center where it
operates.

3. The authority of the director over the correctional centers of the
department and the offenders in such correctional centers shall not be
diminished by this section.

4. The plasmapheresis program when operated from or within any
correctional center under the department shall be deemed a vocational
enterprise. (L. 1981 S.B. 44 § 1, A.L. 1986 H.B. 1554 Revision, A.L. 1989
H.B. 408, A.L. 1994 S.B. 763)

*Transferred 1982; formerly § 216.523

1. Receipts from the vocational enterprises program shall be
paid into the state treasury and credited to the "Working Capital
Revolving Fund", which is hereby created.

2. All funds derived from the disposal of plants and machinery in
accordance with chapters 217 and 558, RSMo, shall be deposited to the
credit of the working capital revolving fund.

3. The working capital revolving fund shall be used for the
establishment, maintenance, rehabilitation, expansion and operation of
the vocational enterprises programs, and expenditures from the fund shall
be used for, but not limited to:

(1) The purchase of machinery, equipment, raw materials, seed, fertilizer
and farm animals;

(2) The repair, improvement and replacement of buildings, machinery and
equipment;

(3) Payment for offender labor;

(4) Necessary expenses included in operation and administration;

(5) Necessary expenses for vocational training.

4. Vocational enterprises shall be accounted for on an accrual basis as
an enterprise fund. Financial reports shall be rendered to the director
as he may require.

5. None of the earnings of the vocational enterprises program shall be
transferred to the general revenue fund of the state at the end of each
fiscal year. All of the earnings shall be retained by the working capital
revolving fund and the vocational enterprises program, to obtain new
equipment, material and real property for expansion and maintenance of
the enterprises' programs with a goal that all general population
offenders shall learn a skill or service and are employed. Should a net
loss occur, such loss shall be charged against the working capital
revolving fund.

6. The state auditor shall audit the working capital revolving fund at
the end of each fiscal year and report his findings to the director, the
governor and the general assembly.

7. Effective August 28, 1994, the vocational education and training fund
shall be dissolved and all funds credited to it shall be transferred to
the working capital revolving fund. (L. 1982 H.B. 1196 § 105, A.L. 1989
H.B. 408, A.L. 1994 S.B. 763)

As used in sections 217.650 to 217.810, unless the context
clearly indicates otherwise, the following terms mean:

(1) "Board", the state board of probation and parole;

(2) "Chairman", chairman of the board of probation and parole;

(3) "Diversionary program", a* program designed to utilize alternatives
to incarceration undertaken under the supervision of the board after
commitment of an offense and prior to arraignment;

(4) "Parole", the release of an offender to the community by the court or
the state board of probation and parole prior to the expiration of his
term, subject to conditions imposed by the court or the board and to its
supervision;

(5) "Prerelease program", a* program relating to an offender's
preparation for, or orientation to, supervision by the board immediately
prior to or immediately after assignment of the offender to the board for
supervision;

(6) "Pretrial program", a* program relating to the investigation or
supervision of persons referred or assigned to the board prior to their
conviction;

(7) "Probation", a procedure under which a defendant found guilty of a
crime upon verdict or plea is released by the court without imprisonment,
subject to conditions imposed by the court and subject to the supervision
of the board;

(8) "Recognizance program", a* program relating to the release of an
individual from detention who is under arrest for an offense for which he
may be released as provided in section 544.455, RSMo. (L. 1982 H.B. 1196
§ 115, A.L. 1989 H.B. 408)

*Word "a" does not appear in original rolls.

1. The board of probation and parole shall be responsible for
determining whether a person confined in the department shall be paroled
or released conditionally as provided by section 558.011, RSMo. The board
shall provide supervision to all persons referred by the circuit courts
of the state as provided by sections 217.750 and 217.760.

2. The board shall provide such programs as necessary to carry out its
responsibilities consistent with its goals and statutory obligations. (L.
1982 H.B. 1196 § 116, A.L. 1984 S.B. 611, A.L. 1989 H.B. 408, A.L. 1990
H.B. 974)

1. The chairman of the board of probation and parole shall be
the director of the division.

2. In addition to the compensation as a member of the board, any chairman
whose term of office began before August 28, 1999, shall receive three
thousand eight hundred seventy-five dollars per year for duties as
chairman. (L. 1982 H.B. 1196 § 117, A.L. 1984 S.B. 611, A.L. 1989 H.B.
408, A.L. 1999 H.B. 368)

1. Beginning August 28, 1996, the board of probation and parole
shall consist of seven members appointed by the governor by and with the
advice and consent of the senate.

2. Beginning August 28, 1996, members of the board shall be persons of
recognized integrity and honor, known to possess education and ability in
decision making through career experience and other qualifications for
the successful performance of their official duties. Not more than four
members of the board shall be of the same political party.

3. At the expiration of the term of each member and of each succeeding
member, the governor shall appoint a successor who shall hold office for
a term of six years and until his successor has been appointed and
qualified. Members may be appointed to succeed themselves.

4. Vacancies occurring in the office of any member shall be filled by
appointment by the governor for the unexpired term.

5. The governor shall designate one member of the board as chairman. The
chairman shall be the director of the division and shall have charge of
the division's operations, funds and expenditures. The chairman shall
designate by order of record another member to act as chairman in the
event of absence or sickness of the chairman, and during such time the
member so appointed by the chairman shall possess all powers of the
chairman.

6. Members of the board shall devote full time to the duties of their
office and before taking office shall subscribe to an oath or affirmation
to support the Constitution of the United States and the Constitution of
the State of Missouri. The oath shall be signed in the office of the
secretary of state.

7. The annual compensation for each member of the board whose term
commenced before August 28, 1999, shall be forty-five thousand dollars
plus any salary adjustment, including prior salary adjustments, provided
pursuant to section 105.005*, RSMo. Salaries for board members whose
terms commence after August 27, 1999, shall be set as provided in section
105.950, RSMo; provided, however, that the compensation of a board member
shall not be increased during the member's term of office, except as
provided in section 105.005*, RSMo. In addition to compensation provided
by law, the members shall be entitled to reimbursement for necessary
travel and other expenses incurred pursuant to section 33.090, RSMo.

8. Any person who served as a member of the board of probation and parole
prior to July 1, 2000, shall be made, constituted, appointed and employed
by the board of trustees of the state** employees' retirement system as a
special consultant on the problems of retirement, aging and other state
matters. As compensation for such services, such consultant shall not be
denied use of any unused sick leave, or the ability to receive credit for
unused sick leave pursuant to chapter 104, RSMo, provided such sick leave
was maintained by the board of probation and parole in the regular course
of business prior to July 1, 2000, but only to the extent of such sick
leave records are consistent with the rules promulgated pursuant to
section 36.350, RSMo. Nothing in this section shall authorize the use of
any other form of leave that may have been maintained by the board prior
to July 1, 2000. (L. 1982 H.B. 1196 § 118, A.L. 1984 S.B. 528, S.B. 611,
A.L. 1985 H.B. 273, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424, A.L. 1999
H.B. 368, A.L. 2002 H.B. 1455)

Effective 7-11-02

*Salary adjustment index is printed, as required by § 105.005, in
Appendix E.

**Words "th estate" appeared in original rolls.

1. The board shall adopt an official seal of which the courts
shall take official notice.

2. Decisions of the board regarding granting of paroles, extensions of a
conditional release date or revocations of a parole or conditional
release shall be by a majority vote of the hearing panel members. The
hearing panel shall consist of one member of the board and two hearing
officers appointed by the board. A member of the board may remove the
case from the jurisdiction of the hearing panel and refer it to the full
board for a decision. Within thirty days of entry of the decision of the
hearing panel to deny parole or to revoke a parole or conditional
release, the offender may appeal the decision of the hearing panel to the
board. The board shall consider the appeal within thirty days of receipt
of the appeal. The decision of the board shall be by majority vote of the
board members and shall be final.

3. The orders of the board shall not be reviewable except as to
compliance with the terms of sections 217.650 to 217.810 or any rules
promulgated pursuant to such section.

4. The board shall keep a record of its acts and shall notify each
correctional center of its decisions relating to persons who are or have
been confined in such correctional center.

5. Notwithstanding any other provision of law, any meeting, record, or
vote, of proceedings involving probation, parole, or pardon, may be a
closed meeting, closed record, or closed vote. (L. 1982 H.B. 1196 § 119,
A.L. 1984 S.B. 611, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)

The members of the board shall prepare and cause to be published
a handbook containing all rules, regulations, and suggestions governing
the conduct of parolees. Handbooks shall be furnished to all parolees and
to any employer of a parolee who requests it. The handbook shall be
continuously revised and updated by the board. (L. 1982 H.B. 1196 § 120)

1. The office and headquarters of the board shall not be located
on the site of any correctional center.

2. Correctional centers shall provide to the board and its employees
suitable space for interviews and hearings with offenders in the
administration buildings of the correctional center. (L. 1982 H.B. 1196 §
121, A.L. 1989 H.B. 408, A.L. 1995 H.B. 424)

The board shall appoint a secretary who shall serve at the
pleasure of the board. It shall be the duty of the secretary to keep a
full and true record of all books, documents and papers ordered filed and
of all orders made, approved and confirmed by it. It shall be the
responsibility of the secretary to provide administrative assistance to
the board as it deems appropriate and necessary to carry out the goals of
the board. (L. 1989 H.B. 408 § 4)

1. When in its opinion there is reasonable probability that an
offender of a correctional center can be released without detriment to
the community or to himself, the board may in its discretion release or
parole such person except as otherwise prohibited by law. All paroles
shall issue upon order of the board, duly adopted.

2. Before ordering the parole of any offender, the board shall have the
offender appear before a hearing panel and shall conduct a personal
interview with him, unless waived by the offender. A parole shall be
ordered only for the best interest of society, not as an award of
clemency; it shall not be considered a reduction of sentence or a pardon.
An offender shall be placed on parole only when the board believes that
he is able and willing to fulfill the obligations of a law-abiding
citizen. Every offender while on parole shall remain in the legal custody
of the department but shall be subject to the orders of the board.

3. The board has discretionary authority to require the payment of a fee,
not to exceed sixty dollars per month, from every offender placed under
board 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
board to assist offenders to successfully complete probation, parole, or
conditional release. The board 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 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 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, RSMo.

7. 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 board member at the 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 board shall evaluate information listed in the juvenile sex
offender registry pursuant to section 211.425, RSMo, provided the
offender is between the ages of seventeen and twenty-one, as it impacts
the safety of the community.

8. The board shall notify any person of the results of a parole
eligibility hearing if the person indicates to the board a desire to be
notified.

9. The 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.

10. 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.

11. Beginning January 1, 2001, the board shall not order a parole unless
the offender has obtained a high school diploma or its equivalent, or
unless the 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 board that the
offender has actively participated in mandatory education programs or is
academically unable to obtain a high school diploma or its equivalent.

12. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, 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, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, RSMo, 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. (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)

1. As used in this section, the following terms mean:

(1) "Chief law enforcement official", the county sheriff, chief of police
or other public official responsible for enforcement of criminal laws
within a county or city not within a county;

(2) "County" includes a city not within a county;

(3) "Offender", a person in the custody of the department or under the
supervision of the board.

2. Each offender to be released from custody of the department who will
be under the supervision of the board, except an offender transferred to
another state pursuant to the interstate corrections compact, shall
shortly before release be required to: complete a registration form
indicating his intended address upon release, employer, parent's address,
and such other information as may be required; submit to photographs;
submit to fingerprints; or undergo other identification procedures
including but not limited to hair samples or other identification
indicia. All data and indicia of identification shall be compiled in
duplicate, with one set to be retained by the department, and one set for
the chief law enforcement official of the county of intended residence.

3. Any offender subject to the provisions of this section who changes his
county of residence shall, in addition to notifying the board of
probation and parole, notify and register with the chief law enforcement
official of the county of residence within seven days after he changes
his residence to that county.

4. Failure by an offender to register with the chief law enforcement
official upon a change in the county of his residence shall be cause for
revocation of the parole of the person except for good cause shown.

5. The department, the board, and the chief law enforcement official
shall cause the information collected on the initial registration and any
subsequent changes in residence or registration to be recorded with the
highway patrol criminal information system.

6. The director of the department of public safety shall design and
distribute the registration forms required by this section and shall
provide any administrative assistance needed to facilitate the provisions
of this section. (L. 1986 S.B. 450 § 21, A.L. 1989 H.B. 408, A.L. 1995
H.B. 424)

1. The chairman shall appoint probation and parole officers and
institutional parole officers as deemed necessary to carry out the
purposes of the board.

2. Probation and parole officers shall investigate all persons referred
to them for investigation by the board or by any court as provided by
sections 217.750 and 217.760. They shall furnish to each offender
released under their supervision a written statement of the conditions of
probation, parole or conditional release and shall instruct the offender
regarding these conditions. They shall keep informed of the offender's
conduct and condition and use all suitable methods to aid and encourage
the offender to bring about improvement in the offender's conduct and
conditions.

3. The probation and parole officer may recommend and, by order duly
entered, the court may impose and may at any time modify any conditions
of probation. The court shall cause a copy of any such order to be
delivered to the probation and parole officer and the offender.

4. Probation and parole officers shall keep detailed records of their
work and shall make such reports in writing and perform such other duties
as may be incidental to those enumerated that the board may require. In
the event a parolee is transferred to another probation and parole
officer, the written record of the former probation and parole officer
shall be given to the new probation and parole officer.

5. Institutional parole officers shall investigate all offenders referred
to them for investigation by the board and shall provide the board such
other reports the board may require. They shall furnish the offender
prior to release on parole or conditional release a written statement of
the conditions of parole or conditional release and shall instruct the
offender regarding these conditions.

6. The department shall furnish probation and parole officers and
institutional parole officers, including supervisors, with credentials
and a special badge which such officers and supervisors shall carry on
their person at all times while on duty. (L. 1982 H.B. 1196 § 126, A.L.
1984 S.B. 611, A.L. 1989 H.B. 408, A.L. 1997 S.B. 367, A.L. 2005 H.B. 353)

1. Probation and parole officers, supervisors and members of the
board of probation and parole, who are certified pursuant to the
requirements of subsection 2 of this section shall have the authority to
carry their firearms at all times. The department of corrections shall
promulgate policies and operating regulations which govern the use of
firearms by probation and parole officers, supervisors and members of the
board when carrying out the provisions of sections 217.650 to 217.810.
Mere possession of a firearm shall not constitute an employment activity
for the purpose of calculating compensatory time or overtime.

2. The department shall determine the content of the required firearms
safety training and provide firearms certification and recertification
training for probation and parole officers, supervisors and members of
the board of probation and parole. A minimum of sixteen hours of firearms
safety training shall be required. In no event shall firearms
certification or recertification training for probation and parole
officers and supervisors exceed the training required for officers of the
state highway patrol.

3. The department shall determine the type of firearm to be carried by
the officers, supervisors and members of the board of probation and
parole.

4. Any officer, supervisor or member of the board of probation and parole
that chooses to carry a firearm in the performance of such officer's,
supervisor's or member's duties shall purchase the firearm and holster.

5. The department shall furnish such ammunition as is necessary for the
performance of the officer's, supervisor's and member's duties.

6. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is promulgated under the authority of this chapter,
shall become effective only if the agency has fully complied with all of
the requirements of chapter 536, RSMo, including but not limited to,
section 536.028, RSMo, if applicable, after August 28, 1998. All
rulemaking authority delegated prior to August 28, 1998, is of no force
and effect and repealed as of August 28, 1998, however nothing in section
571.030, RSMo, or this section shall be interpreted to repeal or affect
the validity of any rule adopted and promulgated prior to August 28,
1998. If the provisions of section 536.028, RSMo, apply, the provisions
of this section are nonseverable and if any of the powers vested with the
general assembly pursuant to section 536.028, RSMo, to review, to delay
the effective date, or to disapprove and annul a rule or portion of a
rule are held unconstitutional or invalid, the purported grant of
rulemaking authority and any rule so proposed and contained in the order
of rulemaking shall be invalid and void, except that nothing in section
571.030, RSMo, or this section shall affect the validity of any rule
adopted and promulgated prior to August 28, 1998. (L. 1997 S.B. 367, A.L.
1998 S.B. 478)

1. At any time during release on parole or conditional release
the board may issue a warrant for the arrest of a released offender for
violation of any of the conditions of parole or conditional release. The
warrant shall authorize any law enforcement officer to return the
offender to the actual custody of the correctional center from which the
offender was released, or to any other suitable facility designated by
the board. If any parole or probation officer has probable cause to
believe that such offender has violated a condition of parole or
conditional release, the probation or parole officer may issue a warrant
for the arrest of the offender. The probation or parole officer may
effect the arrest or may deputize any officer with the power of arrest to
do so by giving the officer a copy of the warrant which shall outline the
circumstances of the alleged violation and contain the statement that the
offender has, in the judgment of the probation or parole officer,
violated conditions of parole or conditional release. The warrant
delivered with the offender by the arresting officer to the official in
charge of any facility designated by the board to which the offender is
brought shall be sufficient legal authority for detaining the offender.
After the arrest the parole or probation officer shall present to the
detaining authorities a similar statement of the circumstances of
violation. Pending hearing as hereinafter provided, upon any charge of
violation, the offender shall remain in custody or incarcerated without
consideration of bail.

2. If the offender is arrested under the authority granted in subsection
1 of this section, the offender shall have the right to a preliminary
hearing on the violation charged unless the offender waives such hearing.
Upon such arrest and detention, the parole or probation officer shall
immediately notify the board and shall submit in writing a report showing
in what manner the offender has violated the conditions of his parole or
conditional release. The board shall order the offender discharged from
such facility, require as a condition of parole or conditional release
the placement of the offender in a treatment center operated by the
department of corrections, or shall cause the offender to be brought
before it for a hearing on the violation charged, under such rules and
regulations as the board may adopt. If the violation is established and
found, the board may continue or revoke the parole or conditional
release, or enter such other order as it may see fit. If no violation is
established and found, then the parole or conditional release shall
continue. If at any time during release on parole or conditional release
the offender is arrested for a crime which later leads to conviction, and
sentence is then served outside the Missouri department of corrections,
the board shall determine what part, if any, of the time from the date of
arrest until completion of the sentence imposed is counted as time served
under the sentence from which the offender was paroled or conditionally
released.

3. An offender for whose return a warrant has been issued by the board
shall, if it is found that the warrant cannot be served, be deemed to be
a fugitive from justice or to have fled from justice. If it shall appear
that the offender has violated the provisions and conditions of his
parole or conditional release, the board shall determine whether the time
from the issuing date of the warrant to the date of his arrest on the
warrant, or continuance on parole or conditional release shall be counted
as time served under the sentence. In all other cases, time served on
parole or conditional release shall be counted as time served under the
sentence.

4. At any time during parole or probation, the board may issue a warrant
for the arrest of any person from another jurisdiction, the visitation
and supervision of whom the board has undertaken pursuant to the
provisions of the interstate compact for the supervision of parolees and
probationers authorized in section 217.810, for violation of any of the
conditions of release, or a notice to appear to answer a charge of
violation. The notice shall be served personally upon the person. The
warrant shall authorize any law enforcement officer to return the
offender to any suitable detention facility designated by the board. Any
parole or probation officer may arrest such person without a warrant, or
may deputize any other officer with power of arrest to do so by issuing a
written statement setting forth that the defendant has, in the judgment
of the parole or probation officer, violated the conditions of his
release. The written statement delivered with the person by the arresting
officer to the official in charge of the detention facility to which the
person is brought shall be sufficient legal authority for detaining him.
After making an arrest the parole or probation officer shall present to
the detaining authorities a similar statement of the circumstances of
violation. (L. 1982 H.B. 1196 § 129, A.L. 1989 H.B. 408, A.L. 1990 H.B.
974, A.L. 1994 S.B. 763)

1. If any probation officer has probable cause to believe that
the person on probation has violated a condition of probation, the
probation officer may issue a warrant for the arrest of the person on
probation. The officer may effect the arrest or may deputize any other
officer with the power of arrest to do so by giving the officer a copy of
the warrant which will outline the circumstances of the alleged violation
and contain the statement that the person on probation has, in the
judgment of the probation officer, violated the conditions of probation.
The warrant delivered with the offender by the arresting officer to the
official in charge of any jail or other detention facility shall be
sufficient authority for detaining the person on probation pending a
preliminary hearing on the alleged violation. Other provisions of law
relating to release on bail of persons charged with criminal offenses
shall be applicable to persons detained on alleged probation violations.

2. Any person on probation arrested under the authority granted in
subsection 1 of this section shall have the right to a preliminary
hearing on the violation charged as long as the person on probation
remains in custody or unless the offender waives such hearing. The person
on probation shall be notified immediately in writing of the alleged
probation violation. If arrested in the jurisdiction of the sentencing
court, and the court which placed the person on probation is immediately
available, the preliminary hearing shall be heard by the sentencing
court. Otherwise, the person on probation shall be taken before a judge
or associate circuit judge in the county of the alleged violation or
arrest having original jurisdiction to try criminal offenses or before an
impartial member of the staff of the Missouri board of probation and
parole, and the preliminary hearing shall be held as soon as possible
after the arrest. Such preliminary hearings shall be conducted as
provided by rule of court or by rules of the Missouri board of probation
and parole. If it appears that there is probable cause to believe that
the person on probation has violated a condition of probation, or if the
person on probation waives the preliminary hearing, the judge or
associate circuit judge, or member of the staff of the Missouri board of
probation and parole shall order the person on probation held for further
proceedings in the sentencing court. If probable cause is not found, the
court shall not be barred from holding a hearing on the question of the
alleged violation of a condition of probation nor from ordering the
person on probation to be present at such a hearing.

3. Upon such arrest and detention, the probation officer shall
immediately notify the sentencing court and shall submit to the court a
written report showing in what manner the person on probation has
violated the conditions of probation. Thereupon, or upon arrest by
warrant, the court shall cause the person on probation to be brought
before it without unnecessary delay for a hearing on the violation
charged. Revocation hearings shall be conducted as provided by rule of
court. (L. 1989 H.B. 408 § 6, A.L. 1990 H.B. 974, A.L. 1995 H.B. 424)

When a court or other authority has issued a warrant against a
person, the board may release him on parole to answer the warrant of such
court or authority. (L. 1982 H.B. 1196 § 130)

1. The period served on parole, except for judicial parole
granted or revoked pursuant to section 559.100, RSMo, shall be deemed
service of the term of imprisonment and, subject to the provisions of
section 217.720 relating to an offender who is or has been a fugitive
from justice, the total time served may not exceed the maximum term or
sentence.

2. When an offender on parole or conditional release, before the
expiration of the term for which the offender was sentenced, has
performed the obligation of his parole for such time as satisfies the
board that his final release is not incompatible with the best interest
of society and the welfare of the individual, the board may make a final
order of discharge and issue a certificate of discharge to the offender.
No such order of discharge shall be made in any case less than three
years after the date on which the offender was paroled or conditionally
released except where the sentence expires earlier.

3. Upon final discharge, persons shall be informed in writing on the
process and procedure to register to vote. (L. 1982 H.B. 1196 § 131, A.L.
1989 H.B. 408, A.L. 1997 S.B. 248, A.L. 2003 S.B. 321)

1. Notwithstanding any other provision of law to the contrary,
the board shall supervise an offender for the duration of his or her
natural life when the offender has pleaded guilty to or been found guilty
of an offense under section 566.030, 566.032, 566.060, 566.062, 566.067,
566.083, 566.100, 566.151, 566.212, 568.020, 568.080, or 568.090, RSMo,
based on an act committed on or after August 28, 2005, against a victim
who was less than fourteen years old and the offender is a prior sex
offender as defined in subsection 2 of this section.

2. For the purpose of this section, a prior sex offender is a person who
has previously been found guilty of an offense contained in chapter 566,
RSMo.

3. Subsection 1 of this section applies to offenders who have been
granted probation, and to offenders who have been released on parole,
conditional release, or upon serving their full sentence without early
release. Supervision of an offender who was released after serving his or
her full sentence will be considered as supervision on parole.

4. A mandatory condition of lifetime supervision of an offender under
this section is that the offender be electronically monitored. Electronic
monitoring shall be based on a global positioning system or other
technology that identifies and records the offender's location at all
times.

5. In appropriate cases as determined by a risk assessment, the board may
terminate the supervision of an offender who is being supervised under
this section when the offender is sixty-five years of age or older.

6. In accordance with section 217.040, the board may adopt rules relating
to supervision and electronic monitoring of offenders under this section.
(L. 2005 H.B. 353 merged with H.B. 972)

1. At the request of a judge of any circuit court, the board
shall provide probation services for such court as provided in subsection
2 of this section.

2. The board shall provide probation services for any person convicted of
any class of felony. The board shall not provide probation services for
any class of misdemeanor except those class A misdemeanors the basis of
which is contained in chapters 565 and 566, RSMo, or in section 568.050,
RSMo, 455.085, RSMo, 589.425, RSMo, or section 455.538, RSMo. (L. 1982
H.B. 1196 § 124, A.L. 1983 H.B. 494, A.L. 1984 S.B. 611, A.L. 1990 H.B.
974, A.L. 1994 S.B. 470, A.L. 2003 S.B. 5, A.L. 2005 H.B. 353)

The board shall adopt general rules and regulations, in
accordance with section 217.040, concerning the conditions of probation
applicable to cases in the courts for which it provides probation
service. Nothing herein, however, shall limit the authority of the court
to impose or modify any general or specific conditions of probation. (L.
1982 H.B. 1196 § 125)

1. In all felony cases and class A misdemeanor cases, the basis
of which misdemeanor cases are contained in chapters 565 and 566, RSMo,
and section 577.023, RSMo, at the request of a circuit judge of any
circuit court, the board shall assign one or more state probation and
parole officers to make an investigation of the person convicted of the
crime or offense before sentence is imposed. In all felony cases in which
the recommended sentence established by the sentencing advisory
commission pursuant to subsection 6 of section 558.019, RSMo, includes
probation but the recommendation of the prosecuting attorney or circuit
attorney does not include probation, the board of probation and parole
shall, prior to sentencing, provide the judge with a report on available
alternatives to incarceration. If a presentence investigation report is
completed then the available alternatives shall be included in the
presentence investigation report.

2. The report of the presentence investigation or preparole investigation
shall contain any prior criminal record of the defendant and such
information about his or her characteristics, his or her financial
condition, his or her social history, the circumstances affecting his or
her behavior as may be helpful in imposing sentence or in granting
probation or in the correctional treatment of the defendant, information
concerning the impact of the crime upon the victim, the recommended
sentence established by the sentencing advisory commission and available
alternatives to incarceration including opportunities for restorative
justice, as well as a recommendation by the probation and parole officer.
The officer shall secure such other information as may be required by the
court and, whenever it is practicable and needed, such investigation
shall include a physical and mental examination of the defendant. (L.
1982 H.B. 1196 § 127, A.L. 1984 S.B. 611, A.L. 1989 H.B. 408, A.L. 1990
H.B. 974, A.L. 2003 S.B. 5)

Effective 6-27-03

1. Prior to sentencing any defendant convicted of a felony which
resulted in serious physical injury or death to the victim, a presentence
investigation shall be conducted by the board of probation and parole to
be considered by the court, unless the court orders otherwise.

2. The presentence investigation shall include a victim impact statement
if the defendant caused physical, psychological, or economic injury to
the victim.

3. If the court does not order a presentence investigation, the
prosecuting attorney may prepare a victim impact statement to be
submitted to the court. The court shall consider the victim impact
statement in determining the appropriate sentence, and in entering any
order of restitution to the victim.

4. A victim impact statement shall:

(1) Identify the victim of the offense;

(2) Itemize any economic loss suffered by the victim as a result of the
offense;

(3) Identify any physical injury suffered by the victim as a result of
the offense, along with its seriousness and permanence;

(4) Describe any change in the victim's personal welfare or familial
relationships as a result of the offense;

(5) Identify any request for psychological services initiated by the
victim or the victim's family as a result of the offense; and

(6) Contain any other information related to the impact of the offense
upon the victim that the court requires. (L. 1989 H.B. 408 § 5)

1. The department shall administer a community corrections
program to encourage the establishment of local sentencing alternatives
for offenders to:

(1) Promote accountability of offenders to crime victims, local
communities and the state by providing increased opportunities for
offenders to make restitution to victims of crime through financial
reimbursement or community service;

(2) Ensure that victims of crime are included in meaningful ways in
Missouri's response to crime;

(3) Provide structured opportunities for local communities to determine
effective local sentencing options to assure that individual community
programs are specifically designed to meet local needs;

(4) Reduce the cost of punishment, supervision and treatment
significantly below the annual per-offender cost of confinement within
the traditional prison system; and

(5) Improve public confidence in the criminal justice system by involving
the public in the development of community-based sentencing options for
eligible offenders.

2. The program shall be designed to implement and operate community-based
restorative justice projects including, but not limited to: preventive or
diversionary programs, community-based intensive probation and parole
services, community-based treatment centers, day reporting centers, and
the operation of facilities for the detention, confinement, care and
treatment of adults under the purview of this chapter.

3. The department shall promulgate rules and regulations for operation of
the program established pursuant to this section as provided for in
section 217.040 and chapter 536, RSMo.

4. Any proposed program or strategy created pursuant to this section
shall be developed after identification of a need in the community for
such programs, through consultation with representatives of the general
public, judiciary, law enforcement and defense and prosecution bar.

5. Until December 31, 2000, in communities where local volunteer
community boards are established at the request of the court, the
following guidelines apply:

(1) The department shall provide a program of training to eligible
volunteers and develop specific conditions of a probation program and
conditions of probation for offenders referred to it by the court. Such
conditions, as established by the community boards and the department,
may include compensation and restitution to the community and the victim
by fines, fees, day fines, victim-offender mediation, participation in
victim impact panels, community service, or a combination of the
aforementioned conditions;

(2) In referring offenders to local volunteer community boards for
probation supervision pursuant to this section, the court is encouraged
to select those volunteers who live in close geographical proximity to
the community in which the crime is alleged to have occurred for
supervision purposes;

(3) The term of probation shall not exceed five years and may be
concluded by the court when conditions imposed are met to the
satisfaction of the local volunteer community board.

6. The department may staff programs created pursuant to this section
with employees of the department or may contract with other public or
private agencies for delivery of services as otherwise provided by law.
(L. 1983 S.B. 122 § 1, A.L. 1989 H.B. 408, A.L. 1993 S.B. 52, A.L. 1995
H.B. 424, A.L. 1997 S.B. 430)

*This section was amended by both H.B. 823 and S.B. 430 during the 1st
Regular Session of the 89th General Assembly, 1997. Due to possible
conflict, both versions are printed here.

1. The department shall administer a community corrections
program to encourage the establishment of local sentencing alternatives
for offenders to:

(1) Promote accountability of offenders to crime victims, local
communities and the state by providing increased opportunities for
offenders to make restitution to victims of crime through financial
reimbursement or community service;

(2) Ensure that victims of crime are included in meaningful ways in
Missouri's response to crime;

(3) Provide structured opportunities for local communities to determine
effective local sentencing options to assure that individual community
programs are specifically designed to meet local needs;

(4) Reduce the cost of punishment, supervision and treatment
significantly below the annual per-offender cost of confinement within
the traditional prison system; and

(5) Improve public confidence in the criminal justice system by involving
the public in the development of community-based sentencing options for
eligible offenders.

2. The program shall be designed to implement and operate community-based
restorative justice projects including, but not limited to: preventive or
diversionary programs, community-based intensive probation and parole
services, community-based treatment centers, day reporting centers, and
the operation of facilities for the detention, confinement, care and
treatment of adults under the purview of this chapter.

3. The department shall promulgate rules and regulations for operation of
the program established pursuant to this section as provided for in
section 217.040 and chapter 536, RSMo.

4. Any proposed program or strategy created pursuant to this section
shall be developed after identification of a need in the community for
such programs, through consultation with representatives of the general
public, judiciary, law enforcement and defense and prosecution bar.

5. In communities where local volunteer community boards are established
at the request of the court, the following guidelines apply:

(1) The department shall provide a program of training to eligible
volunteers and develop specific conditions of a probation program and
conditions of probation for offenders referred to it by the court. Such
conditions, as established by the community boards and the department,
may include compensation and restitution to the community and the victim
by fines, fees, day fines, victim-offender mediation, participation in
victim impact panels, community service, or a combination of the
aforementioned conditions;

(2) The term of probation shall not exceed five years and may be
concluded by the court when conditions imposed are met to the
satisfaction of the local volunteer community board.

6. The department may staff programs created pursuant to this section
with employees of the department or may contract with other public or
private agencies for delivery of services as otherwise provided by law.
(L. 1983 S.B. 122 § 1, A.L. 1989 H.B. 408, A.L. 1993 S.B. 52, A.L. 1995
H.B. 424, A.L. 1997 H.B. 823)

Effective 7-14-97

*Revisor's note: This section was amended by both H.B. 823 and S.B. 430
during the 1st Regular Session of the 89th General Assembly, 1997. Due to
possible conflict, both versions are printed here.

1. As used in this section, the term "Missouri postconviction
drug treatment program" means a program of noninstitutional and
institutional correctional programs for the monitoring, control and
treatment of certain drug abuse offenders.

2. The department of corrections shall establish by regulation the
"Missouri Postconviction Drug Treatment Program". The program shall
include noninstitutional and institutional placement. The institutional
phase of the program may include any offender under the supervision and
control of the department of corrections. The department shall establish
rules determining how, when and where an offender shall be admitted into
or removed from the program.

3. Any first-time offender who has pled guilty or been found guilty of
violating the provisions of chapter 195, RSMo, or whose controlled
substance abuse was a precipitating or contributing factor in the
commission of his offense, and who is placed on probation may be required
to participate in the noninstitutional phase of the program, which may
include education, treatment and rehabilitation programs. Persons
required to attend a program pursuant to this section may be charged a
reasonable fee to cover the costs of the program. Failure of an offender
to complete successfully the noninstitutional phase of the program shall
be sufficient cause for the offender to be remanded to the sentencing
court for assignment to the institutional phase of the program or any
other authorized disposition.

4. A probationer shall be eligible for assignment to the institutional
phase of the postconviction drug treatment program if he has failed to
complete successfully the noninstitutional phase of the program. If space
is available, the sentencing court may assign the offender to the
institutional phase of the program as a special condition of probation,
without the necessity of formal revocation of probation.

5. The availability of space in the institutional program shall be
determined by the department of corrections. If the sentencing court is
advised that there is no space available, then the court shall consider
other authorized dispositions.

6. Any time after ninety days and prior to one hundred twenty days after
assignment of the offender to the institutional phase of the program, the
department shall submit to the court a report outlining the performance
of the offender in the program. If the department determines that the
offender will not participate or has failed to complete the program, the
department shall advise the sentencing court, who shall cause the
offender to be brought before the court for consideration of revocation
of the probation or other authorized disposition. If the offender
successfully completes the program, the department shall release the
individual to the appropriate probation and parole district office and so
advise the court.

7. Time spent in the institutional phase of the program shall count as
time served on the sentence. (L. 1994 S.B. 763 § 1)

1. In all cases in which the governor is authorized by the
constitution to grant pardons, he may grant the same, with such
conditions and under such restrictions as he may think proper.

2. All applications for pardon, commutation of sentence or reprieve shall
be referred to the board for investigation. The board shall investigate
each such case and submit to the governor a report of its investigation,
with all other information the board may have relating to the applicant
together with any recommendations the board deems proper to make.

3. The department of corrections shall notify the central repository, as
provided in sections 43.500 to 43.530, RSMo, of any action of the
governor granting a pardon, commutation of sentence, or reprieve. (L.
1982 H.B. 1196 § 132, A.L. 1995 H.B. 424)

CROSS REFERENCE: Convict with incurable disease may be pardoned, RSMo
217.250

For any fine imposed by any statute, and for any forfeiture of a
recognizance, where the securities are made liable, the governor shall
have power to grant a remittitur, when it shall be made to appear to him
that there is by such fine or forfeiture an injustice done, or great
hardship suffered by the defendant or defendants, which equity and good
conscience would seem to entitle relief for the defendant or defendants.
All applications for such relief shall be in writing, signed by the party
or parties seeking such remittitur, and accompanied by a statement of the
facts of the case, signed by the judge or prosecuting attorney of the
county in which such fine or forfeiture is entered, and a certificate of
the clerk that all costs have been paid; and the governor shall endorse
his decision on each case and file the same in the office of the
secretary of state. (L. 1982 H.B. 1196 § 133)

1. The governor is hereby authorized and directed to enter into
the interstate compact for the supervision of parolees and probationers
on behalf of the state of Missouri with the commonwealth of Puerto Rico,
the Virgin Islands, the District of Columbia and any and all other states
of the United States legally joining therein and pursuant to the
provisions of an act of the Congress of the United States of America
granting the consent of Congress to the commonwealth of Puerto Rico, the
Virgin Islands, the District of Columbia and any two or more states to
enter into agreements or compacts for cooperative effort and mutual
assistance in the prevention of crime and for other purposes, which
compact shall have as its objective the permitting of persons placed on
probation or released on parole to reside in any other state signatory to
the compact assuming the duties of visitation and supervision over such
probationers and parolees; permitting the extradition and transportation
without interference of prisoners, being retaken, through any and all
states signatory to the compact under such terms, conditions, rules and
regulations, and for such duration as in the opinion of the governor of
this state shall be necessary and proper and in a form substantially as
contained in subsection 2 of this section. The chairman of the board
shall administer the compact for the state.

2. INTERSTATE COMPACT FOR THE

SUPERVISION OF PAROLEES AND PROBATIONERS

This compact shall be entered into by and among the contracting states,
signatories hereto, with the consent of the Congress of the United States
of America, granted by an act entitled "An act granting the consent of
Congress to any two or more states to enter into agreements or compacts
for cooperative effort and mutual assistance in the prevention of crime
and for other purposes."

The contracting states solemnly agree:

(1) That it shall be competent for the duly constituted judicial and
administrative authorities of a state party to this compact (herein
called "sending state") to permit any person convicted of an offense
within such state and placed on probation or released on parole to reside
in any other state party to this compact (herein called "receiving
state"), while on probation or parole, if

(a) Such a person is in fact a resident of or has his family residing
within the receiving state and can obtain employment there;

(b) Though not a resident of the receiving state and not having his
family residing there, the receiving state consents to such person being
sent there.

Before granting such permission, opportunity shall be granted to the
receiving state to investigate the home and prospective employment of
such person.

A resident of the receiving state, within the meaning of this section, is
one who has been an actual inhabitant of such state continuously for more
than one year prior to his coming to the sending state and has not
resided within the sending state more than six continuous months
immediately preceding the commission of the offense for which he has been
convicted.

(2) The receiving state shall assume the duties of visitation and
supervision over probationers or parolees of any sending state
transferred under the compact and will apply the same standards of
supervision that prevail for its own probationers and parolees.

(3) That duly accredited officers of a sending state may at all times
enter a receiving state and there apprehend and retake any person on
probation or parole. For that purpose no formalities will be required
other than establishing the authority of the officer and the identity of
the person to be retaken. All legal requirements to obtain extradition of
fugitives from justice are hereby expressly waived on the part of states
party hereto, as to such persons. The decision of the sending state to
retake a person on probation or parole shall be conclusive upon and not
reviewable within the receiving state. Provided, however, that if at the
time when a state seeks to retake a probationer or parolee there should
be pending against him within the receiving state any criminal charge, or
he should be suspected of having committed within such state a criminal
offense, he shall not be retaken without the consent of the receiving
state until discharged from prosecution or from imprisonment for such
offense.

(4) That the duly accredited officers of the sending state will be
permitted to transport prisoners being retaken through any and all states
parties to this compact, without interference.

(5) Each state may designate an officer who, acting jointly with like
officers of other contracting states shall promulgate such rules and
regulations as may be deemed necessary to more effectively carry out the
terms of this compact.

(6) That this compact shall become operative immediately upon its
execution by any state as between it and any other state or states so
executing. When executed it shall have the full force and effect of law
within such state, the form of execution to be in accordance with the
laws of the executing state.

(7) That this compact shall continue in force and remain binding upon
each executing state until renounced by it. The duties and obligations
hereunder of a renouncing state shall continue as to parolees or
probationers residing therein at the time of withdrawal until retaken or
finally discharged by the sending state. Renunciation of this compact
shall be by the same authority which executed it, by sending six months'
notice in writing of its intention to withdraw from the compact to the
other states party hereto.

3. If any section, sentence, subdivision or clause within subsection 2 of
this section is for any reason held invalid or to be unconstitutional,
such decision shall not affect the validity of the remaining provisions
of that subsection or this section.

4. All necessary and proper expenses accruing as a result of a person
being returned to this state by order of a court or the board of
probation and parole shall be paid by the state as provided in section
548.241 or 548.243, RSMo. (L. 1982 H.B. 1196 § 134, A.L. 1984 S.B. 611,
A.L. 1989 H.B. 408)

Sections 217.825 to 217.841 shall be known and may be cited as
the "Missouri Incarceration Reimbursement Act". (L. 1988 H.B. 1340 & 1348
§ 1)

(1991) Missouri incarceration reimbursement act violates the supremacy
clause and is invalidated to the extent that it conflicts with Congress's
intent to award damages under 42 U.S.C.A. § 1983. State enjoined from
attaching prisoner's funds received as money judgment from state in civil
action by prisoner against state. Hankins v. Finnel, 759 F.Supp. 569
(W.D. Mo.).

As used in sections 217.825 to 217.841, the following terms
shall mean:

(1) (a) "Assets", property, tangible or intangible, real or personal,
belonging to or due an offender or a former offender, including income or
payments to such offender from Social Security, workers' compensation,
veterans' compensation, pension benefits, previously earned salary or
wages, bonuses, annuities, retirement benefits, or from any other source
whatsoever, including any of the following:

a. Money or other tangible assets received by the offender as a result of
a settlement of a claim against the state, any agency thereof, or any
claim against an employee or independent contractor arising from and in
the scope of said employee's or contractor's official duties on behalf of
the state or any agency thereof;

b. A money judgment received by the offender from the state as a result
of a civil action in which the state, an agency thereof or any state
employee or independent contractor where such judgment arose from a claim
arising from the conduct of official duties on behalf of the state by
said employee or subcontractor or for any agency of the state;

c. A current stream of income from any source whatsoever, including a
salary, wages, disability, retirement, pension, insurance or annuity
benefits or similar payments;

(b) "Assets" shall not include:

a. The homestead of the offender up to fifty thousand dollars in value;

b. Money saved by the offender from wages and bonuses up to two thousand
five hundred dollars paid the offender while he or she was confined to a
state correctional center;

(2) "Cost of care", the cost to the department of corrections for
providing transportation, room, board, clothing, security, medical, and
other normal living expenses of offenders under the jurisdiction of the
department, as determined by the director of the department;

(3) "Department", the department of corrections of this state;

(4) "Director", the director of the department;

(5) "Offender", any person who is under the jurisdiction of the
department and is confined in any state correctional center or is under
the continuing jurisdiction of the department;

(6) "State correctional center", a facility or institution which houses
an offender population under the jurisdiction of the department. State
correctional center includes a correctional camp, community correction
center, honor center, or state prison. (L. 1988 H.B. 1340 & 1348 § 2,
A.L. 1990 H.B. 974, A.L. 1995 H.B. 424)

(1998) Prisoner's federal civil service pension was exempt under federal
law. State ex rel. Nixon v. McClure, 969 S.W.2d 801 (W.D.Mo.).

(2003) Assets available for reimbursement to state do not include portion
of judgment equal to attorney fees and expenses incurred in securing
judgment. State ex rel. Nixon v. Karpierz, 105 S.W.3d 487 (Mo.banc).

1. The department shall develop a form which shall be used by
the department to obtain information from all offenders regarding their
assets.

2. The form shall be submitted to each offender as of the date the form
is developed and to every offender who thereafter is sentenced to
imprisonment under the jurisdiction of the department. The form may be
resubmitted to an offender by the department for purposes of obtaining
current information regarding assets of the offender.

3. Every offender shall complete the form or provide for completion of
the form and the offender shall swear or affirm under oath that to the
best of his or her knowledge the information provided is complete and
accurate. Any person who shall knowingly provide false information on
said form to state officials or employees shall be guilty of the crime of
making a false affidavit as provided by section 575.050, RSMo.

4. Failure by an offender to fully, adequately and correctly complete the
form may be considered by the board of probation and parole for purposes
of a parole determination, and in determining an offender's parole
release date or eligibility and shall constitute sufficient grounds for
denial of parole.

5. Prior to release of any offender from imprisonment, and again prior to
release from the jurisdiction of the department, the department shall
request from the offender an assignment of ten percent of any wages,
salary, benefits or payments from any source. Such an assignment shall be
valid for the longer period of five years from the date of its execution,
or five years from the date that the offender is released from the
jurisdiction of the department or any of its divisions or agencies. The
assignment shall secure payment of the total cost of care of the offender
executing the assignment. The restrictions on the maximum amount of
earnings subject to garnishment contained in section 525.030, RSMo, shall
apply to earnings subject to assignments executed pursuant to this
subsection. (L. 1988 H.B. 1340 & 1348 § 3, A.L. 1995 H.B. 424)

1. The director shall forward to the attorney general a report
on each offender containing a completed form pursuant to the provisions
of section 217.829 together with all other information available on the
assets of the offender and an estimate of the total cost of care for that
offender.

2. The attorney general may investigate or cause to be investigated all
reports furnished pursuant to the provisions of subsection 1 of this
section. This investigation may include seeking information from any
source that may have relevant information concerning an offender's
assets. The director shall provide all information possessed by the
department and its divisions and agencies, upon request of the attorney
general, in order to assist the attorney general in completing his duties
pursuant to sections 217.825 to 217.841.

3. If the attorney general upon completing the investigation under
subsection 2 of this section has good cause to believe that an offender
or former offender has sufficient assets to recover not less than ten
percent of the estimated cost of care of the offender or ten percent of
the estimated cost of care of the offender for two years, whichever is
less, or has a stream of income sufficient to pay such amounts within a
five-year period, the attorney general may seek to secure reimbursement
for the expense of the state of Missouri for the cost of care of such
offender or former offender.

4. The attorney general, or any prosecuting attorney on behalf of the
attorney general, shall not bring an action pursuant to this section
against an offender or former offender after the expiration of five years
after his release from the jurisdiction of the department. (L. 1988 H.B.
1340 & 1348 §§ 4, 5 subsecs. 1, 2, A.L. 1995 H.B. 424)

(2005) Ten percent threshold requirement in subsection 3 is a condition
precedent to the discretionary filing of a petition by the Attorney
General, and not a condition precedent to an actual reimbursement. State
ex rel. Nixon v. Koonce, 163 S.W.3d 603 (Mo.App. W.D.).

1. Not more than ninety percent of the value of the assets of
the offender may be used for purposes of securing costs and reimbursement
pursuant to the provisions of sections 217.825 to 217.841.

2. The amount of reimbursement sought from an offender shall not be in
excess of the per capita cost for care for maintaining offenders in the
state correctional center in which the offender is housed for the period
or periods such offender is an offender in a state correctional center.
(L. 1988 H.B. 1340 & 1348 § 5 subsecs. 3, 4, A.L. 1995 H.B. 424)

1. The circuit court shall have exclusive jurisdiction over all
proceedings seeking reimbursement from offenders pursuant to the
provisions of sections 217.825 to 217.841. The attorney general may file
a complaint in the circuit court for the county or city from which a
prisoner was sentenced or in the circuit court in the county or city of
the office of the director of the department, against any person under
the jurisdiction of the department stating that the person is or has been
an offender in a state correctional center, that there is good cause to
believe that the person has assets, and praying that the assets be used
to reimburse the state for the expenses incurred or to be incurred, or
both, by the state for the cost of care of the person as an offender.

2. Upon the filing of the complaint under subsection 1 of this section,
the court shall issue an order to show cause why the prayer of the
complainant should not be granted. The complaint and order shall be
served upon the person personally, or, if the person is confined in a
state correctional center, by registered mail addressed to the person in
care of the chief administrator of the state correctional center where
the person is housed, at least thirty days before the date of hearing on
the complaint and order.

3. At the time of the hearing on the complaint and order, if it appears
that the person has any assets which ought to be subjected to the claim
of the state pursuant to the provisions of sections 217.825 to 217.841,
the court shall issue an order requiring any person, corporation, or
other legal entity possessed or having custody of such assets, to
appropriate and apply such assets or a portion thereof to satisfy such
claim.

4. At the hearing on the complaint and order and before entering any
order on behalf of the state against the defendant, the court shall take
into consideration any legal obligation of the defendant to support a
spouse, minor children, or other dependents and any moral obligation to
support dependents to whom the defendant is providing or has in fact
provided support.

5. If the person, corporation, or other legal entity shall neglect or
refuse to comply with an order issued pursuant to subsection 3 of this
section, the court shall order the person, corporation, or other legal
entity to appear before the court at such time as the court may direct
and to show cause why the person, corporation, or other legal entity
should not be considered in contempt of court.

6. If, in the opinion of the court, the assets of the prisoner are
sufficient to pay the cost of the proceedings undertaken pursuant to the
provisions of sections 217.825 to 217.841, the prisoner shall be liable
for those costs upon order of the court. (L. 1988 H.B. 1340 & 1348 § 6,
A.L. 1995 H.B. 424)

1. Except as provided in subsection 3 of this section, the
attorney general may use any remedy, interim order, or enforcement
procedure allowed by law or court rule including an ex parte restraining
order to restrain the prisoner or any other person or legal entity in
possession or having custody of the estate of the prisoner from disposing
of certain property in avoidance of an order issued pursuant to the
provisions of section 217.835.

2. To protect and maintain assets pending resolution of proceedings
initiated pursuant to the provisions of section 217.835, the court, upon
request, may appoint a receiver.

3. The attorney general or a prosecuting attorney shall not enforce any
judgment obtained pursuant to the provisions of section 217.835 by means
of execution against the homestead of the prisoner.

4. The state's right to recover the cost of incarceration pursuant to an
order issued pursuant to the provisions of section 217.835 shall have
priority over all other liens, debts, or other incumbrances against real
property or any other assets which are part of a prisoner's estate. (L.
1988 H.B. 1340 & 1348 § 7)

1. The attorney general of this state shall enforce the
provisions of sections 217.825 to 217.841, except that the attorney
general may request the prosecuting attorney of the county or city in
which the offender was sentenced or the prosecuting attorney of the
county or city in which any asset of an offender is located to make an
investigation or assist in legal proceedings undertaken pursuant to the
provisions of sections 217.825 to 217.841.

2. The sentencing judge, the sheriff, the county or city, the chief
administrator of the state correctional center, and the state treasurer
shall furnish to the attorney general or prosecuting attorney all
information and assistance possible to enable the attorney general or
prosecuting attorney to secure reimbursement for the state pursuant to
the provisions of sections 217.825 to 217.841.

3. Notwithstanding the provisions of any other law protecting the
confidentiality of any information possessed by the state, its officials
and agencies, the secretary of state, the director of the department of
revenue, the director of the department of social services, the director
of the department of corrections, the director of the department of labor
and industrial relations, the director of the department of public
safety, and the commissioner of administration, and each division or
agency within or assigned to such departments, shall provide the attorney
general or prosecuting attorney with all information requested pursuant
to the provisions of sections 217.825 to 217.841.

4. Any county or municipal official having custody of records of the
estate or real property of any offender or former offender shall
surrender said records or certified copies thereof without fee to the
attorney general or prosecuting attorney who request such records
pursuant to the provisions of sections 217.825 to 217.841. (L. 1988 H.B.
1340 & 1348 § 8, A.L. 1995 H.B. 424)

1. The costs of any investigations shall be paid from the
reimbursements secured pursuant to the provisions of sections 217.825 to
217.841. The investigative costs shall be presumed to be twenty percent
of the reimbursements recovered, unless the attorney general shall
demonstrate to the court otherwise. All reimbursements collected shall be
paid to the "Inmate Incarceration Reimbursement Act Revolving Fund",
which is hereby established in the state treasury. Moneys in the inmate
incarceration reimbursement act revolving fund shall be appropriated to
the attorney general in order to defray the costs of the attorney general
in connection with his duties provided by sections 217.825 to 217.841;
and all remaining balances shall be appropriated to the department for
purposes of construction and operation of state correctional facilities.
The provisions of section 33.080, RSMo, notwithstanding, moneys in the
inmate incarceration reimbursement act revolving fund shall not lapse, be
transferred or appropriated to or placed to the credit of the general
revenue fund or any other fund of the state.

2. The state treasurer may determine the amount due the state for the
cost of care of an offender and render statements thereof and such sworn
statements shall be considered prima facie evidence of the amount due.
(L. 1988 H.B. 1340 & 1348 § 9, A.L. 1995 H.B. 424)

1. There is hereby created within the department of corrections
a "Task Force on Alternative Sentencing". The primary duty of the task
force is to develop a statewide plan for alternative sentencing programs.
The plan shall include, but not be limited to, the following:

(1) Public-private partnerships;

(2) Job training;

(3) Job placement;

(4) Conflict resolution treatment; and

(5) Alcohol and drug rehabilitation.

2. In developing this statewide plan the task force shall at a minimum
acquire and review the following information:

(1) The cost per year to incarcerate one offender;

(2) The cost of the proposed alternative sentencing program or programs
per year;

(3) The recidivism rate for different types of offenses; and

(4) Information and research to assist the task force in determining
which classes of offenders should be targeted in alternative sentencing
programs.

3. The task force created in this section shall be comprised of the
following members or their designees from the entity represented:

(1) The director;

(2) The director of the division of probation and parole;

(3) Two probation and parole officers or supervisors, who shall be
appointed by the director of the division of probation and parole;

(4) One member of the department of economic development's workforce
development office who shall be appointed by the director of the
department of economic development;

(5) Two circuit or associate circuit judges who shall be appointed by the
governor;

(6) Two chief executive officers of two different private businesses that
employ a minimum of twenty employees each who shall be appointed by the
governor;

(7) Two prosecuting attorneys who shall be appointed by the governor;

(8) Two members of the house of representatives, one of whom shall be
appointed by the speaker of the house and one of whom shall be appointed
by the house minority leader; and

(9) Two members of the senate, one of whom shall be appointed by the
president pro tem of the senate and one of whom shall be appointed by the
senate minority leader.

4. The task force shall meet at least quarterly and shall submit its
recommendations and statewide plan for an alternative sentencing program
or programs to the governor, to the general assembly, and to the director
by December 31, 2006.

5. Members of the task force shall receive no additional compensation but
shall be eligible for reimbursement for mileage directly related to the
performance of task force duties.

6. The provisions of this section terminate on May 31, 2007. (L. 2005
S.B. 420 & 344)

Expires 5-31-07

1. There is hereby established the "Missouri State Penitentiary
Redevelopment Commission".

2. The commission shall consist of ten commissioners who shall be
qualified voters of the state of Missouri. Three commissioners, no more
than two of whom shall belong to the same political party, shall be
residents of Jefferson City and shall be appointed by the mayor of that
city with the advice and consent of the governing body of that city;
three commissioners, no more than two of whom shall belong to the same
political party, shall be residents of Cole County but not of Jefferson
City and shall be appointed by the county commission; and four
commissioners, no more than three of whom shall belong to the same
political party, none of whom shall be residents of Cole County or of
Jefferson City, shall be appointed by the governor with the advice and
consent of the senate. The governor shall appoint one of the
commissioners who is not a resident of Cole County or Jefferson City to
be the chair of the commission. No elected official of the state of
Missouri or of any city or county in this state shall be appointed to the
commission. (L. 2001 H.B. 621 subsecs. 1, 2)

The commissioners shall serve for terms of three years, except
that the first person appointed by each the mayor, the county commission
and the governor shall serve for two years and the second person
appointed by the governor shall serve for four years. Each commissioner
shall hold office until a successor has been appointed and qualified. In
the event a vacancy exists or in the event a commissioner's term expires,
a successor commissioner shall be appointed by whomever appointed the
commissioner who initially held the vacant positions and if no person is
so selected within sixty days of the creation of the vacancy, the
unexpired term of such commissioner may be filled by a majority vote of
the remainder of the commissioners, provided such successor commissioner
shall meet the requirements set forth by sections 217.900 to 217.910.
Pending any such appointment to fill any vacancy, the remaining
commissioners may conduct commission business. Commissioners shall serve
without compensation but shall be entitled to reimbursement from the
Missouri state penitentiary redevelopment commission fund established in
subsection 1 of section 217.910 for expenses incurred in conducting the
commission's business. (L. 2001 H.B. 621 subsec. 3)

1. The commission shall have the following powers:

(1) To acquire title to the property historically utilized as the
Missouri state penitentiary and to acquire by gift or bequest from public
or private sources property adjacent thereto and necessary or appropriate
to the successful redevelopment of the Missouri state penitentiary
property;

(2) To lease or sell real property to developers who will utilize the
property consistent with the master plan for the property and to hold
proceeds from such transactions outside the state treasury;

(3) To adopt bylaws for the regulation of its affairs and the conduct of
its business;

(4) To hire employees necessary to perform the commission's work;

(5) To contract and to be contracted with, including, but without
limitation, the authority to enter into contracts with cities, counties
and other political subdivisions, agencies of the state of Missouri and
public agencies pursuant to sections 70.210 to 70.325, RSMo, and
otherwise, and to enter into contracts with other entities, in connection
with the acquisition by gift or bequest and in connection with the
planning, construction, financing, leasing, subleasing, operation and
maintenance of any real property or facility and for any other lawful
purpose, and to sue and to be sued;

(6) To receive for its lawful activities contributions or moneys
appropriated or otherwise designated for payment to the authority by
municipalities, counties, state or other political subdivisions or public
agencies or by the federal government or any agency or officer thereof or
from any other sources and to apply for grants and other funding and
deposit those funds in the Missouri state penitentiary redevelopment fund;

(7) To disburse funds for its lawful activities and fix salaries and
wages of its employees;

(8) To invest any of the commission's funds in such types of investments
as shall be determined by a resolution adopted by the commission;

(9) To borrow money for the acquisition, construction, equipping,
operation, maintenance, repair, remediation or improvement of any
facility or real property to which the commission holds title and for any
other proper purpose, and to issue negotiable notes, bonds and other
instruments in writing as evidence of sums borrowed;

(10) To perform all other necessary and incidental functions, and to
exercise such additional powers as shall be conferred by the general
assembly; and

(11) To purchase insurance, including self-insurance, of any property or
operations of the commission or its members, directors, officers and
employees, against any risk or hazard, and to indemnify its members,
agents, independent contractors, directors, officers and employees
against any risk or hazard. The commission is specifically authorized to
purchase insurance from the Missouri public entity risk management fund
and is hereby determined to be a public entity as defined in section
537.700, RSMo.

2. In no event shall the state be liable for any deficiency or
indebtedness incurred by the commission.

3. The Missouri state penitentiary redevelopment commission is a state
commission for purposes of section 105.711, RSMo, and all members of the
commission shall be entitled to coverage under the state legal expense
fund. (L. 2001 H.B. 621 subsecs. 4, 5, A.L. 2005 H.B. 58)

The income of the commission and all properties any time owned
by the authority shall be exempt from all taxation in the state of
Missouri. (L. 2001 H.B. 621 subsec. 6)

1. There is hereby created in the state treasury the "Missouri
State Penitentiary Redevelopment Commission Fund", which shall consist of
money collected pursuant to sections 217.900 to 217.910. The fund shall
be administered by the Missouri state penitentiary redevelopment
commission. Money in the fund shall be used solely for the purposes of
the Missouri state penitentiary redevelopment commission.

2. Notwithstanding the provisions of section 33.080, RSMo, no portion of
the fund shall be transferred to the general revenue fund, and any
appropriation made to the fund shall not lapse. The state treasurer shall
invest moneys in the fund in the same manner as other funds are invested.
Interest and moneys earned on such investments shall be credited to the
fund.

3. Upon the dissolving of the commission, any funds remaining in the
Missouri state penitentiary commission fund shall be transferred to the
general revenue fund. (L. 2001 H.B. 621 subsecs. 7-9)

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