Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule sets forth factors regarding
parole eligibility, the purpose and procedures for parole hearings, and the
pos-sible results.
PUBLISHER'S NOTE: The secretary of state has
determined that the publication of the entire text of the material which is
incorporated by reference as a portion of this rule would be unduly cumbersome
or expensive. This material as incorporated by reference titled "Procedures
Governing the Granting of Paroles and Conditional Releases" shall be maintained
by the agency at its head quartersand shall be made available to the public for
inspection and copying at no more than the actual cost of reproduction. This
note appliesonly to the reference material. The entire text of the rule is
printed here.
(1) Minimum
Parole Eligibility. The following provisions apply to sentences where there is
no minimum prison term established by statute requiring more time to be served.
(A) Offenders convicted of class D and E drug
and non-violent, and D and E Driving While Intoxicated felony offenses, as
shown in the Procedures Governing the Granting of Paroles and
Conditional Releases, Appendices D, E, I, J, and N (published
September 2016 and effective January 2017) are eligible for parole after
fifteen percent (15%) of the maximum sentence has been served, except where
state statute would require more time to be served.
(B) Offenders convicted of class C drug and
non-violent C felony offenses, as shown in the Procedures Governing the
Granting of Paroles and Conditional Releases, Appendices F and K
(published September 2016 and effective January 2017) are eligible for parole
after twenty percent (20%) of the maximum sentence has been served except where
state statue would require more time to be served.
(C) Offenders convicted of class A and B
drug, non-violent class A and B, Driving While Intoxicated class- A, B, and C
felony offenses, as shown in the Procedures Governing the Granting of
Paroles and Conditional Releases, Appendices G, H, L, M, and O
(published September 2016 and effective January 2017) are eligible for release
after twenty-five percent (25%) of the maximum sentence has been served, except
where state statute would require more time to be served.
(D) Offenders convicted of class A, B, C, D,
and E sex and child abuse and violent class A, B, C, D, and E felony offenses,
as shown in the Procedures Governing the Granting the Paroles and
Conditional Releases, Appendices P, Q, R, and S (published September
2016 and effective January 2017) are eligible for release after thirty-three
percent (33%) of the maximum sentence has been served, except where the state
statute would require more time to be served.
(E) Offenders serving life or multiple
concurrent or consecutive life sentences and offenders with sentences totaling
forty-five (45) years or more are eligible for parole after a minimum of
fifteen (15) years has been served, except where statute would require more
time to be served.
(F) For
offenders serving multiple life sentences or other sentences concurrent or
consecutive to a life sentence the board may, due to the nature and length of
the sentence, determine not to set a minimum eligibility date.
(G) The Procedures Governing the
Granting of Paroles and Conditional Releases, Appendices A-S
(published September 2016 and effective January 2017) is hereby incorporated by
reference and made part of this rule as published by the Board of Probation and
Parole 3400 Knipp Drive, Jefferson City, MO 65109. This rule does not
incorporate any subsequent amendments or additions.
(2) Medical Parole.
(A) A medical parole cannot be granted until
the offender has reached his minimum eligibility as defined by Missouri
statute.
(B) The board will
consider a medical parole under the following conditions:
1. A specific recommendation to the parole
board must be made by a correctional center physician responsible for the
treatment, care, or custody of offenders who have serious physical, mental, or
emotional problems; and
2. The
parole board must determine that the offender will be able to obtain and
receive proper care and helpful attention outside of the institution.
(C) If a medical parole
is granted, the offender, as far as possible and practicable, will be required
to comply with all the conditions of parole as set forth on the parole release
document.
(D) An offender who has
been granted a medical parole will be under the same kind and degree of field
supervision as any other paroled prisoner, unless the board modifies
supervision.
(E) An offender may
be granted a medical parole for the specific purpose of special care or
treatment. Upon recovery, or at any time, the offender may be subject to return
to the Missouri Department of Corrections or any other disposition as the Board
of Probation and Parole may deem appropriate.
(3) Purpose of Parole Hearings.
(A) Parole hearings allow the offenders the
opportunity to-
1. Present to the hearing
panel their own versions of the present offense and prior criminal history if
any;
2. Discuss problems and
needs;
3. Discuss progress made, or
expected to be made, toward rehabilitation while confined;
4. Present reasons why they think they should
be paroled;
5. Present plans for
the future; and
6. Present and
discuss any other matters that are appropriate for consideration including
challenging allegations of fact that they perceive to be false.
(B) Parole hearings allow victims,
judges, prosecuting attorneys, and law enforcement officials the opportunity
to-
1. Present information to the hearing
panel regarding the offense and its impact, with or without the offender
present;
2. Offer an opinion about
the offender's release.
(C) Parole hearings provide the hearing panel
the opportunity to-
1. Review and discuss all
available reports, pertinent case history material, and any other material they
deem to be relevant. This may include medical, psychological and psychiatric
reports, prior record of arrests, convictions and incarcerations, past and
present patterns of behavior and confidential information;
2. Review and discuss institutional
adjustment, conduct and progress as this will reflect upon the offender's
attitudes and preparation to resume life in free society;
3. Evaluate the offender in regard to
suitability for parole release; and
4. Determine conditions to be accomplished
prior to and after release.
(4) Scheduling.
(A) Parole hearings are conducted monthly
with offenders at each major institution.
(B) Within ninety (90) days of delivery to
the Department of Corrections, a parole hearing will automatically be scheduled
for all offenders eligible for parole under state law. The date of the hearing
will be based upon a schedule established by the board which takes into account
the offense, sentence length and credit for time served. The offender will
receive written notice of the date of hearing approximately forty-five (45)
days in advance.
(C) An offender
may request that his/her parole hearing be scheduled for a later date. The
board will not accept a request for a continuance of less than three (3) months
or more than five (5) years.
(D) An
offender who has a sentence of less than twenty-four (24) months may waive
their right to a personal hearing.
(E) An offender serving an incarceration for
a class C, D, or E (published September 2016 and effective January 2017)
non-violent offense, excluding DWI and UUW, who has not failed an institutional
treatment program and has a sentence length of seven (7) years or less may be
allowed to waive their parole hearing.
(5) Hearing Procedure.
(A) The offender will appear before the
hearing panel. The hearing panel shall consist of one (1) member of the parole
board and two (2) hearing officers appointed by the board.
1. Offenders may have a person of their
choice at the hearing. The offender's delegate may offer a statement on behalf
of the offender, ask questions, and provide any additional information that may
be requested by the hearing panel.
2. Other inmates may not be present at the
hearing.
(B) In
accordance with section
595.209,
RSMo the Department of Corrections, Victims Services Unit shall notify victims
of identified offenses, or upon the written request of the victim of any other
offense, of their right to be present at the parole hearing of the offender.
Any victim or person representing the victim who attends a parole consideration
hearing may provide information to the hearing panel in reference to the
board's deliberation regarding parole release.
1. The victim or person representing the
victim who attends a hearing may be accompanied by one (1) other
person.
2. The victim or person
representing the victim who attends a hearing may give testimony in the
presence of the offender or to the hearing panel without the offender 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 in Jefferson City.
5. The victim or person representing the
victim will be notified of the results of any parole hearing if they indicate a
desire to be notified.
(C) The parole board, upon written request of
the judge, the prosecuting attorney, or a representative of law enforcement
from the jurisdiction in which the crime was committed, shall provide notice
prior to the parole hearing for any offender. The judge, prosecuting attorney,
a representative from law enforcement, or a combination of them, may attend the
hearing and provide information to the hearing panel in reference to the
board's deliberation regarding parole release. Notification of the hearing
results will be provided upon request.
(D) The hearing panel shall limit or exclude
any irrelevant or repetitious statement.
(E) The interview will be recorded.
(F) The hearing shall not be open to the
public and the records of all hearings shall be treated as confidential and
shall not be opened to inspection by the offender concerned, the offender's
delegate, or any other unauthorized persons (sections
217.670
and
549.500,
RSMo).
(G) The inmate who waives a
personal appearance before the hearing panel shall have his/her case considered
by the board in absentia.
(H) An
offender who is serving a concurrent Missouri sentence while confined in
another state or federal correctional center is under the same rules governing
the granting of parole and conditional release as an offender who is serving
his/her sentence in a Missouri institution, except that a personal hearing
before the board shall not be required. The board will consider these cases in
absentia.
(6) Hearing
Results.
(A) After the hearing, a number of
different kinds of investigation reports may be requested, including field
investigations, institutional investigations, medical evaluations,
psychological or psychiatric evaluations, or a combination of these.
(B) A decision will be reached as soon as
possible and the offender will receive a written notice as soon as the notice
can be prepared and delivered.
(C)
The offender may be scheduled for a reconsideration hearing.
1. The purpose of a reconsideration hearing
shall be to consider the offender's case and any significant developments or
changes in the offender's status that may have occurred subsequent to the
previous hearing.
2.
Reconsideration hearings shall be conducted every one (1) to five (5) years at
the board's discretion until a release date has been established.
(D) A release date may be set,
either by parole or conditional release.
1.
Parole will apply to the sentence the offender is currently serving and
consecutive paroles will be granted to apply to consecutive
sentences.
2. The setting of a
release date does not automatically entitle the offender to be released on that
date. Release shall be dependent upon a finding by the board that the offender
has a continued record of good conduct and an acceptable release plan and can
be released without detriment to the community.
3. All release dates are set on the
assumption that the information from the offender has not been given
fraudulently or withheld from the board. If evidence comes to the attention of
the board that an offender has concealed or misrepresented information deemed
significant, or if information which has not been considered previously comes
to the attention of the board, the case may be reopened to determine whether
the decision should be rescinded.
4. A pre-release review shall be held to
determine whether the conditions of a release date have been satisfied, and to
review any additional information that may be available to the board. Following
review, the board shall take one (1) or more of the following actions-
A. Approve the release date;
B. Advance the release date based on program
completion and other positive behaviors;
C. Modify special conditions or release
strategies;
D. Cancel the release
date and reschedule for release;
E.
Cancel the release date and schedule for a reconsideration hearing.
(E) In addition to the
actions specified in subsections (6)(A) through (D) above, the board may take
any other action it deems appropriate.
*Original authority: 217,040, RSMo 1982, amended 1989,
1993, 1995; 217.250, RSMo 1982, amended 1989, 1994; 217.690, RSMo 1982, amended
1986, 1987, 1989, 1992, 1995, 2002, 2005; and 595.209, RSMo 1986, amended 1992,
1993, 1994, 1996, 2003, 2005, 2007.