SS#3 SB 888 -- THE CRIMINAL JUSTICE SYSTEM
FINGERPRINTING OF JUVENILES (Section 43.503, RSMo)
Currently, an arresting officer is required to take fingerprints
to be sent to the central repository if an individual under 17
years of age, who is not currently certified as an adult, is
taken into custody for an offense that would be a felony if
committed by an adult.
This bill requires that an officer take fingerprints from an
individual under 18 years of age for an offense that would be one
of the following if committed by an adult:
(1) A class A or B felony;
(2) A felony sexual offense; or
(3) Two felony offenses arising from distinct acts committed
within one year of each other.
This bill also repeals a provision that requires fingerprint
cards to be made in a manner that does not reveal the juvenile's
name to the central repository. Records of a juvenile who has
been fingerprinted must be closed records.
JUVENILE DETENTION (Section 211.021, 211.331, 211.341, 211.342, &
211.436)
The bill defines "juvenile detention facility" and specifies that
such facilities do not include a jail or other adult detention
facility unless the juvenile is 17 years of age or older or
unless the juvenile detention facility is operated, administered,
and staffed separately and independently of a jail or other adult
detention facility and used exclusively for the lawful custody
and treatment of juveniles. A juvenile detention facility may be
located in the same building or on the same grounds as a jail or
other adult detention facility if there is specified separation
between the facilities, programs, and staff for adults and
juveniles.
Currently, circuit judges of a judicial circuit can establish a
place of juvenile detention for the counties within the circuit
court. This bill provides instead that the governing body of a
county may provide for juvenile detention in coordination with
all other counties within the same circuit court or with all
counties of the same circuit court and all counties of an
adjoining circuit court. The county governing body must approve
an ordinance, order, or resolution authorizing a place of
detention, must approve an agreement between the counties, as
specified in this bill, and must notify the presiding circuit
judge.
The operation and support of a juvenile detention facility
authorized pursuant to this bill must be regulated in accordance
with the rules and standards of the Supreme Court of Missouri
under the governance of the circuit judge. If two or more
counties of adjoining judicial circuits have authorized a place
of detention, the circuit judges must jointly govern the affairs
of the place of detention. Furthermore, the counties authorizing
a place of detention pursuant to this Section may impose, by
order, a sales tax up to 1% on all retail sales after receiving
voter approval, and the proceeds of the sales tax must be used
for providing a juvenile detention facility while the tax is in
effect, as specified in the bill.
This bill provides that a child must not be placed in leg
restraints unless they are charged with a class A or class B
felony or they are determined to be an immediate safety or flight
risk by the official overseeing their custody.
CERTIFICATION OF A JUVENILE AS AN ADULT (Section 211.071)
Currently, if a petition or motion to modify alleges that a child
between 14 and 18 years of age has committed a felony offense,
the court may, upon its own motion or motion by the juvenile
officer, the child, or the child's custodian, order a hearing,
and exercise its discretion to dismiss the motion or petition to
modify and order the child to the court of general jurisdiction.
This bill modifies the provision so that it applies to offenses
that are a class A or B felony, a felony sexual offense, or three
felony offenses arising from distinct acts committed within 180
days of each other. Under this provision, the office of the
prosecuting or circuit attorney will also have the authority to
make such a motion and present evidence at any hearing held on
their motion.
The bill provides that when a juvenile officer forwards to the
prosecuting attorney a class A or B felony that is not certified,
the prosecuting attorney must notify the juvenile officer within
14 days of the decision to certify the case.
Currently, the juvenile officer may consult with the prosecuting
attorney concerning any offense for which the child could be
certified as an adult.
This bill requires the juvenile officer to consult with the
prosecuting or circuit attorney. Additionally, the prosecuting
or circuit attorney must be provided with police reports, reports
of the juvenile or deputy juvenile officer, statements of
witnesses, a copy of the completed Missouri Juvenile Detention
Assessment Form (JDTA) that was used in determining detention,
and all other records or reports relating to the offense alleged
to have been committed by the child. Use of the JDTA to
determine that a child may be held must be used as a guideline
and will not be mandatory.
Under this bill, the juvenile officer must consider all legally
sufficient charges submitted by law enforcement when utilizing
the JDTA form and must provide a copy of the form to the law
enforcement agency once a determination has been made.
The bill requires law enforcement agencies who detain juveniles
for offenses where fingerprinting required to collect
fingerprints and forward detention information to the central
repository. Juvenile officers and the courts of jurisdiction
over juvenile offenders must share adjudication, delinquency, and
custody information with the Missouri Uniform Law Enforcement
System and such information must be accessible by criminal
justice and law enforcement agencies. Such records maintained by
the central repository must be closed.
JUVENILE COURT PROCEEDINGS (Section 211.319)
This bill provides that juvenile court proceedings for criminal
offenses will not be open to the general public.
PRISON TERMS (Section 217.362, 217.690, 217.760, 557.011,
557.021, 558.011, 558.016, 558.019, 558.026, 558.046, 559.115,
566.125)
The bill repeals provisions that do not consider an offender's
first incarceration in a Department of Corrections (DOC) long-
term substance abuse program or 120-day program as a previous
prison commitment for the purpose of determining a minimum prison
term.
Currently, any felony offense that is defined outside of this
code without a penalty provision is a class E felony. This bill
adds that any such offense must also be subject to the
imprisonment terms of Chapter 558.
Currently, when a person is found guilty of a felony and
sentenced, there is a certain percentage range of the sentence
that must be served prior to parole eligibility.
This bill repeals such provisions and provides that offenders
must serve the following percentage of the imposed term prior to
eligibility for parole based upon the felony classification as
follows:
Class A: 70%
Class B: 50%
Class C:
(1) 40% for an offense that requires registration as a sex
offender;
(2) 30% for a first offense that does not require registration
as a sex offender;
(3) 35% for a second such offense; and
(4) 50% for a third or subsequent such offense
Class D:
(1) 25% for an offense that requires registration as a sex
offender;
(2) 20% for a first offense that does not require registration
as a sex offender;
(3) 25% for a second such offense; and
(4) 50% for a third or subsequent such offense
Class E:
(1) 25% for an offense that requires registration as a sex
offender;
(2) 15% for a first offense that does not require registration
as a sex offender;
(3) 20% for a second such offense; and
(4) 50% for a third or subsequent such offense
This bill also removes references to the minimum percentage
ranges and replaces them with references to the eligibility
percentages established in these provisions. Where a person is
sentenced to concurrent sentences, such person must serve the
eligibility percentage of the longest sentence prior to parole
eligibility. A person that is sentenced to consecutive sentences
must serve the minimum percentage for each felony prior to parole
eligibility.
Currently, there are certain offenses that contain higher parole
eligibility percentages than those listed above. These higher
percentages are unaffected by these new eligibility percentages,
as are offenses where a suspended imposition of sentence is
imposed or where the matter is referred to an adult treatment
court. Where a person is sentenced to the term of imprisonment
for a higher class than the one for which they were found guilty
due to their status as a prior or persistent offender, they must
serve the parole eligibility percentage of the higher class.
Any person found guilty of a dangerous felony must be required to
serve 85% of the given sentence prior to parole eligibility.
This bill provides that a sentence of life imprisonment must be
calculated to be 30 years. Any sentence that is over 75 years
must be calculated to be 75 years.
Currently, a court may sentence a person to an extended term of
imprisonment if certain conditions are made. This bill requires
that the court sentence a person to an extended term of
imprisonment if certain conditions are met.
Sections 558.011 and 558.019 have a delayed effective date of
January 1, 2028.
DANGEROUS FELONIES (Section 556.061)
This bill modifies the definition of "dangerous felony" to
include statutory rape in the first degree and statutory sodomy
in the first degree. The requirement that the victim of
statutory rape in the first degree or sodomy in the first degree
be under 12 years of age for the offense to be a dangerous felony
is removed. A person found guilty of a "dangerous felony" is
required to serve 85% of their sentence prior to eligibility for
parole. Additionally, the bill includes the following offenses
in the definition of "dangerous felony":
(1) Abuse through forced labor;
(2) Trafficking for the purposes of slavery, involuntary
servitude, peonage, or forced labor, or the attempt of such
offense;
(3) Trafficking for the purposes of sexual exploitation, or the
attempt of such offense, when the offense was effected by force,
abduction, or coercion;
(4) Sexual trafficking of a child in the first degree;
(5) Sexual trafficking of a child in the second degree;
(6) Third offense of failing to register as a sex offender; and
(7) Endangering the welfare of a child in the first degree.
CONDITIONAL RELEASE (558.011)
This bill provides that conditional release terms must not apply
to any person that commits certain class A or B felony offenses
after January 1, 2028. Under this bill, conditional release
provisions are removed from certain sexual offenses and offenses
involving children.
JAIL TIME CREDIT (Section 558.031)
This bill modifies jail time credit. This bill requires the form
developed by the Office of the State Courts Administrator for
offenders committed to DOC to include a sentencing calculation,
including jail time credit supplemented by a certificate of a
sheriff or custodial officer. The bill further requires the
court, when pronouncing a sentence, executing a suspended
sentence, or suspending the imposition of a sentence, to record
as part of the judgment, the number of days before the
pronouncement of the sentence that the person was in custody
related to the offense. Time in custody related to an offense
means the time in which the offense was charged in a criminal
proceeding, an arrest warrant was issued and served upon the
person, and includes time served on house arrest. Time when a
person was out on bond or otherwise released is not to be
included.
Under this bill, the court can take judicial notice of any time
the defendant has served in custody by comparing arrest warrant
service dates with files of release. Any defendant that was held
in a juvenile detention facility prior to adjudication to stand
trial as an adult may make a motion to receive credit for time
served in such facility.
Credit for time spent in prison, jail, or custody after an
offense occurs but before commencement of a sentence is currently
mandatory and the total amount of credit awarded must not exceed
the number of days spent in prison, jail, or custody. The bill
removes these two provisions.
Under this bill, a person may only challenge jail time credit
awarded or not awarded by filing a petition for a writ of habeas
corpus.
These provisions have a delayed effective date of January 1,
2028.
CRIMINAL OFFENSES (Section 566.030, 566.032, 566.060, 566.103,
566.203, 566.209, 566.210, 566.211, 568.045, 568.060 & 589.425)
Currently, the offense of rape in the first degree has a penalty
of five years unless certain factors are present. This bill
modifies this provision by classifying it as a class A felony and
increasing the penalty to 10 years but not more than 30 years.
Currently, if rape in the first degree is an aggravated sexual
offense the authorized term of imprisonment is life imprisonment
or a term of years not less than 15 years. This bill removes "a
term of years not less than 15 years" and adds "life imprisonment
without eligibility for probation or parole.
Currently, a person that was found guilty of rape in the first
degree when the child was less than 12 years old, was not
eligible for probation or parole until the offender has served at
lease 30 years of their sentence or has reached the age of 75
years and served at least 15 years of their sentence. This bill
removes the eligibility for probation or parole.
The authorized term of imprisonment for statutory rape in the
first degree, currently, is life imprisonment or a term of years
not less than five years. This bill replaces five years with 10
years. Currently, if statutory rape is an aggravated sexual
offense the penalty is life imprisonment or a term of years not
less than 10 years. This bill replaces the 10 years with 15
years.
Currently, a person that is found guilty of sodomy in the first
degree when the child was less than 12 years old, must be
sentenced to life imprisonment and is not eligible for probation
or parole until the offender has served at least 30 years of
their sentence or has reached the age of 75 years and served at
least 15 years of their sentence. The bill removes the
eligibility for probation or parole.
Currently, the offense of promoting online sexual solicitation is
an unspecified felony punishable by a fine. This bill provides
that the offense must be a class E felony, and is punishable by
imprisonment, fine, or both.
Currently, the offense of abusing an individual through forced
labor carries a penalty of five years to life imprisonment if
death results from the offense or if the offense includes
kidnapping or an attempt to kidnap, sexual abuse punishable by a
class B felony, or an attempt to kill. This bill increases the
penalty to 10 years to life imprisonment.
This bill adds "intoxicating or inhibiting substances" to the
list of means a person can use to commit the offense of
trafficking for the purposes of sexual exploitation.
Currently, the offense of sexual trafficking of a child in the
second degree if effected by force, abduction, or coercion,
carries a penalty of life imprisonment without eligibility for
parole until the defendant has served at least 25 years. This
bill modifies that provision by requiring that the defendant
serve at least 85% of a life sentence.
Currently, a person commits the offense of endangering the
welfare of a child if the person commits certain acts to a child
that is less than 17 years old. This bill provides that a person
commits the offense of endangering the welfare of a child if they
commit certain acts to a child that is less than 18 years old.
Currently, the offense of abuse or neglect of a child is a class
D felony without eligibility for probation, parole, or
conditional release until the defendant has served at least one
year of their sentence. The bill removes the provision
specifying probation, parole, or conditional release requires the
defendant serve one year of such sentence.
This bill classifies failing to register a sex offender as a
third offense as a class A felony. Currently, a person convicted
of failing to register a sex offender as a third offense is
eligible for conditional release of parole after serving at least
two years of imprisonment. This bill repeals that provision.
This bill contains a severance clause.