217.690. Board may order release or parole, when--personal hearing--fee--standards--rules--minimum term for eligibility for parole, how calculated--first degree murder, eligibility for hearing--hearin - Missouri Statutes

Board may order release or parole, when--personalhearing--fee--standards--rules--minimum term for eligibility forparole, how calculated--first degree murder, eligibilityfor hearing--hearing procedure--notice--educationrequirements, exceptions--rulemaking authority.

217.690. 1. When in its opinion there is reasonable probability that anoffender of a correctional center can be released without detriment to thecommunity or to himself, the board may in its discretion release or parolesuch person except as otherwise prohibited by law. All paroles shall issueupon order of the board, duly adopted.

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

3. The board has discretionary authority to require the payment of afee, not to exceed sixty dollars per month, from every offender placed underboard supervision on probation, parole, or conditional release, to waive allor part of any fee, to sanction offenders for willful nonpayment of fees, andto contract with a private entity for fee collections services. All feescollected shall be deposited in the inmate fund established in section217.430. Fees collected may be used to pay the costs of contractedcollections services. The fees collected may otherwise be used to providecommunity corrections and intervention services for offenders. Such servicesinclude substance abuse assessment and treatment, mental health assessment andtreatment, electronic monitoring services, residential facilities services,employment placement services, and other offender community corrections orintervention services designated by the board to assist offenders tosuccessfully complete probation, parole, or conditional release. The boardshall adopt rules not inconsistent with law, in accordance with section217.040, with respect to sanctioning offenders and with respect toestablishing, waiving, collecting, and using fees.

4. The board shall adopt rules not inconsistent with law, in accordancewith section 217.040, with respect to the eligibility of offenders for parole,the conduct of parole hearings or conditions to be imposed upon paroledoffenders. Whenever an order for parole is issued it shall recite theconditions 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 theminimum terms for parole eligibility for each of the consecutive sentences,except the minimum term for parole eligibility shall not exceed the minimumterm for parole eligibility for an ordinary life sentence.

6. Any offender under a sentence for first degree murder who has beendenied release on parole after a parole hearing shall not be eligible foranother parole hearing until at least three years from the month of the paroledenial; however, this subsection shall not prevent a release pursuant tosubsection 4 of section 558.011, RSMo.

7. Parole hearings shall, at a minimum, contain the followingprocedures:

(1) The victim or person representing the victim who attends a hearingmay be accompanied by one other person;

(2) The victim or person representing the victim who attends a hearingshall have the option of giving testimony in the presence of the inmate or tothe hearing panel without the inmate being present;

(3) The victim or person representing the victim may call or write theparole board rather than attend the hearing;

(4) The victim or person representing the victim may have a personalmeeting with a board member at the board's central office;

(5) The judge, prosecuting attorney or circuit attorney and arepresentative of the local law enforcement agency investigating the crimeshall be allowed to attend the hearing or provide information to the hearingpanel in regard to the parole consideration; and

(6) The board shall evaluate information listed in the juvenile sexoffender registry pursuant to section 211.425, RSMo, provided the offender isbetween the ages of seventeen and twenty-one, as it impacts the safety of thecommunity.

8. The board shall notify any person of the results of a paroleeligibility hearing if the person indicates to the board a desire to benotified.

9. The board may, at its discretion, require any offender seeking paroleto meet certain conditions during the term of that parole so long as saidconditions are not illegal or impossible for the offender to perform. Theseconditions may include an amount of restitution to the state for the cost ofthat offender's incarceration.

10. Nothing contained in this section shall be construed to require therelease of an offender on parole nor to reduce the sentence of an offenderheretofore committed.

11. Beginning January 1, 2001, the board shall not order a parole unlessthe offender has obtained a high school diploma or its equivalent, or unlessthe board is satisfied that the offender, while committed to the custody ofthe department, has made an honest good-faith effort to obtain a high schooldiploma or its equivalent; provided that the director may waive thisrequirement by certifying in writing to the board that the offender hasactively participated in mandatory education programs or is academicallyunable to obtain a high school diploma or its equivalent.

12. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in this sectionshall become effective only if it complies with and is subject to all of theprovisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.This section and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly pursuant to chapter 536, RSMo, to review, todelay the effective date, or to disapprove and annul a rule are subsequentlyheld unconstitutional, then the grant of rulemaking authority and any ruleproposed 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)