558.019. 1. This section shall not be construed to affect the powers ofthe governor under article IV, section 7, of the Missouri Constitution. Thisstatute shall not affect those provisions of section 565.020, RSMo, section558.018 or section 571.015, RSMo, which set minimum terms of sentences, or theprovisions of section 559.115, RSMo, relating to probation.
2. The provisions of subsections 2 to 5 of this section shall beapplicable to all classes of felonies except those set forth in chapter 195,RSMo, and those otherwise excluded in subsection 1 of this section. For thepurposes of this section, "prison commitment" means and is the receipt by thedepartment of corrections of an offender after sentencing. For purposes ofthis section, prior prison commitments to the department of corrections shallnot include commitment to a regimented discipline program established pursuantto section 217.378, RSMo. Other provisions of the law to the contrarynotwithstanding, any offender who has pleaded guilty to or has been foundguilty of a felony other than a dangerous felony as defined in section556.061, RSMo, and is committed to the department of corrections shall berequired to serve the following minimum prison terms:
(1) If the offender has one previous prison commitment to the departmentof corrections for a felony offense, the minimum prison term which theoffender must serve shall be forty percent of his or her sentence or until theoffender attains seventy years of age, and has served at least thirty percentof the sentence imposed, whichever occurs first;
(2) If the offender has two previous prison commitments to thedepartment of corrections for felonies unrelated to the present offense, theminimum prison term which the offender must serve shall be fifty percent ofhis or her sentence or until the offender attains seventy years of age, andhas served at least forty percent of the sentence imposed, whichever occursfirst;
(3) If the offender has three or more previous prison commitments to thedepartment of corrections for felonies unrelated to the present offense, theminimum prison term which the offender must serve shall be eighty percent ofhis or her sentence or until the offender attains seventy years of age, andhas served at least forty percent of the sentence imposed, whichever occursfirst.
3. Other provisions of the law to the contrary notwithstanding, anyoffender who has pleaded guilty to or has been found guilty of a dangerousfelony as defined in section 556.061, RSMo, and is committed to the departmentof corrections shall be required to serve a minimum prison term of eighty-fivepercent of the sentence imposed by the court or until the offender attainsseventy years of age, and has served at least forty percent of the sentenceimposed, whichever occurs first.
4. For the purpose of determining the minimum prison term to be served,the following calculations shall apply:
(1) A sentence of life shall be calculated to be thirty years;
(2) Any sentence either alone or in the aggregate with other consecutivesentences for crimes committed at or near the same time which is overseventy-five years shall be calculated to be seventy-five years.
5. For purposes of this section, the term "minimum prison term" shallmean time required to be served by the offender before he or she is eligiblefor parole, conditional release or other early release by the department ofcorrections.
6. (1) A sentencing advisory commission is hereby created to consist ofeleven members. One member shall be appointed by the speaker of the house.One member shall be appointed by the president pro tem of the senate. Onemember shall be the director of the department of corrections. Six membersshall be appointed by and serve at the pleasure of the governor from among thefollowing: the public defender commission; private citizens; a private memberof the Missouri Bar; the board of probation and parole; and a prosecutor. Twomembers shall be appointed by the supreme court, one from a metropolitan areaand one from a rural area. All members shall be appointed to a four-yearterm. All members of the sentencing commission appointed prior to August 28,1994, shall continue to serve on the sentencing advisory commission at thepleasure of the governor.
(2) The commission shall study sentencing practices in the circuitcourts throughout the state for the purpose of determining whether and to whatextent disparities exist among the various circuit courts with respect to thelength of sentences imposed and the use of probation for offenders convictedof the same or similar crimes and with similar criminal histories. Thecommission shall also study and examine whether and to what extent sentencingdisparity among economic and social classes exists in relation to the sentenceof death and if so, the reasons therefor sentences are comparable to otherstates, if the length of the sentence is appropriate, and the rate ofrehabilitation based on sentence. It shall compile statistics, examine cases,draw conclusions, and perform other duties relevant to the research andinvestigation of disparities in death penalty sentencing among economic andsocial classes.
(3) The commission shall establish a system of recommended sentences,within the statutory minimum and maximum sentences provided by law for eachfelony committed under the laws of this state. This system of recommendedsentences shall be distributed to all sentencing courts within the state ofMissouri. The recommended sentence for each crime shall take into account,but not be limited to, the following factors:
(a) The nature and severity of each offense;
(b) The record of prior offenses by the offender;
(c) The data gathered by the commission showing the duration and natureof sentences imposed for each crime; and
(d) The resources of the department of corrections and other authoritiesto carry out the punishments that are imposed.
(4) The commission shall study alternative sentences, prison workprograms, work release, home-based incarceration, probation and paroleoptions, and any other programs and report the feasibility of these options inMissouri.
(5) The commission shall publish and distribute its recommendations onor before July 1, 2004. The commission shall study the implementation and useof the recommendations until July 1, 2005, and return a report to thegovernor, the speaker of the house of representatives, and the president protem of the senate. Following the July 1, 2005, report, the commission shallrevise the recommended sentences every two years.
(6) The governor shall select a chairperson who shall call meetings ofthe commission as required or permitted pursuant to the purpose of thesentencing commission.
(7) The members of the commission shall not receive compensation fortheir duties on the commission, but shall be reimbursed for actual andnecessary expenses incurred in the performance of these duties and for whichthey are not reimbursed by reason of their other paid positions.
(8) The circuit and associate circuit courts of this state, the officeof the state courts administrator, the department of public safety, and thedepartment of corrections shall cooperate with the commission by providinginformation or access to information needed by the commission. The office ofthe state courts administrator will provide needed staffing resources.
7. Courts shall retain discretion to lower or exceed the sentencerecommended by the commission as otherwise allowable by law, and to orderrestorative justice methods, when applicable.
8. If the imposition or execution of a sentence is suspended, the courtmay order any or all of the following restorative justice methods, or anyother method that the court finds just or appropriate:
(1) Restitution to any victim or a statutorily created fund for costsincurred as a result of the offender's actions;
(2) Offender treatment programs;
(3) Mandatory community service;
(4) Work release programs in local facilities; and
(5) Community-based residential and nonresidential programs.
9. The provisions of this section shall apply only to offenses occurringon or after August 28, 2003.
10. Pursuant to subdivision (1) of subsection 8 of this section, thecourt may order the assessment and payment of a designated amount ofrestitution to a county law enforcement restitution fund established by thecounty commission pursuant to section 50.565, RSMo. Such contribution shallnot exceed three hundred dollars for any charged offense. Any restitutionmoneys deposited into the county law enforcement restitution fund pursuant tothis section shall only be expended pursuant to the provisions of section50.565, RSMo.
11. A judge may order payment to a restitution fund only if such fundhad been created by ordinance or resolution of a county of the state ofMissouri prior to sentencing. A judge shall not have any direct supervisoryauthority or administrative control over any fund to which the judge isordering a defendant to make payment.
12. A defendant who fails to make a payment to a county law enforcementrestitution fund may not have his or her probation revoked solely for failingto make such payment unless the judge, after evidentiary hearing, makes afinding supported by a preponderance of the evidence that the defendant eitherwillfully refused to make the payment or that the defendant willfully,intentionally, and purposefully failed to make sufficient bona fide efforts toacquire the resources to pay.
(2000) Legislative intent of section was to increase or enhance punishment for present as opposed to prior conviction and thus is not an ex post facto law. Bailey v. Board of Probation and Parole, 36 S.W.3d 13 (Mo.App.W.D.).
558.019. 1. This section shall not be construed to affect the powers ofthe governor under article IV, section 7, of the Missouri Constitution. Thisstatute shall not affect those provisions of section 565.020, RSMo, section558.018 or section 571.015, RSMo, which set minimum terms of sentences, or theprovisions of section 559.115, RSMo, relating to probation.
2. The provisions of subsections 2 to 5 of this section shall beapplicable to all classes of felonies except those set forth in chapter 195,RSMo, and those otherwise excluded in subsection 1 of this section. For thepurposes of this section, "prison commitment" means and is the receipt by thedepartment of corrections of an offender after sentencing. For purposes ofthis section, prior prison commitments to the department of corrections shallnot include commitment to a regimented discipline program established pursuantto section 217.378, RSMo. Other provisions of the law to the contrarynotwithstanding, any offender who has pleaded guilty to or has been foundguilty of a felony other than a dangerous felony as defined in section556.061, RSMo, and is committed to the department of corrections shall berequired to serve the following minimum prison terms:
(1) If the offender has one previous prison commitment to the departmentof corrections for a felony offense, the minimum prison term which theoffender must serve shall be forty percent of his or her sentence or until theoffender attains seventy years of age, and has served at least thirty percentof the sentence imposed, whichever occurs first;
(2) If the offender has two previous prison commitments to thedepartment of corrections for felonies unrelated to the present offense, theminimum prison term which the offender must serve shall be fifty percent ofhis or her sentence or until the offender attains seventy years of age, andhas served at least forty percent of the sentence imposed, whichever occursfirst;
(3) If the offender has three or more previous prison commitments to thedepartment of corrections for felonies unrelated to the present offense, theminimum prison term which the offender must serve shall be eighty percent ofhis or her sentence or until the offender attains seventy years of age, andhas served at least forty percent of the sentence imposed, whichever occursfirst.
3. Other provisions of the law to the contrary notwithstanding, anyoffender who has pleaded guilty to or has been found guilty of a dangerousfelony as defined in section 556.061, RSMo, and is committed to the departmentof corrections shall be required to serve a minimum prison term of eighty-fivepercent of the sentence imposed by the court or until the offender attainsseventy years of age, and has served at least forty percent of the sentenceimposed, whichever occurs first.
4. For the purpose of determining the minimum prison term to be served,the following calculations shall apply:
(1) A sentence of life shall be calculated to be thirty years;
(2) Any sentence either alone or in the aggregate with other consecutivesentences for crimes committed at or near the same time which is overseventy-five years shall be calculated to be seventy-five years.
5. For purposes of this section, the term "minimum prison term" shallmean time required to be served by the offender before he or she is eligiblefor parole, conditional release or other early release by the department ofcorrections.
6. (1) A sentencing advisory commission is hereby created to consist ofeleven members. One member shall be appointed by the speaker of the house.One member shall be appointed by the president pro tem of the senate. Onemember shall be the director of the department of corrections. Six membersshall be appointed by and serve at the pleasure of the governor from among thefollowing: the public defender commission; private citizens; a private memberof the Missouri Bar; the board of probation and parole; and a prosecutor. Twomembers shall be appointed by the supreme court, one from a metropolitan areaand one from a rural area. All members shall be appointed to a four-yearterm. All members of the sentencing commission appointed prior to August 28,1994, shall continue to serve on the sentencing advisory commission at thepleasure of the governor.
(2) The commission shall study sentencing practices in the circuitcourts throughout the state for the purpose of determining whether and to whatextent disparities exist among the various circuit courts with respect to thelength of sentences imposed and the use of probation for offenders convictedof the same or similar crimes and with similar criminal histories. Thecommission shall also study and examine whether and to what extent sentencingdisparity among economic and social classes exists in relation to the sentenceof death and if so, the reasons therefor sentences are comparable to otherstates, if the length of the sentence is appropriate, and the rate ofrehabilitation based on sentence. It shall compile statistics, examine cases,draw conclusions, and perform other duties relevant to the research andinvestigation of disparities in death penalty sentencing among economic andsocial classes.
(3) The commission shall establish a system of recommended sentences,within the statutory minimum and maximum sentences provided by law for eachfelony committed under the laws of this state. This system of recommendedsentences shall be distributed to all sentencing courts within the state ofMissouri. The recommended sentence for each crime shall take into account,but not be limited to, the following factors:
(a) The nature and severity of each offense;
(b) The record of prior offenses by the offender;
(c) The data gathered by the commission showing the duration and natureof sentences imposed for each crime; and
(d) The resources of the department of corrections and other authoritiesto carry out the punishments that are imposed.
(4) The commission shall study alternative sentences, prison workprograms, work release, home-based incarceration, probation and paroleoptions, and any other programs and report the feasibility of these options inMissouri.
(5) The commission shall publish and distribute its recommendations onor before July 1, 2004. The commission shall study the implementation and useof the recommendations until July 1, 2005, and return a report to thegovernor, the speaker of the house of representatives, and the president protem of the senate. Following the July 1, 2005, report, the commission shallrevise the recommended sentences every two years.
(6) The governor shall select a chairperson who shall call meetings ofthe commission as required or permitted pursuant to the purpose of thesentencing commission.
(7) The members of the commission shall not receive compensation fortheir duties on the commission, but shall be reimbursed for actual andnecessary expenses incurred in the performance of these duties and for whichthey are not reimbursed by reason of their other paid positions.
(8) The circuit and associate circuit courts of this state, the officeof the state courts administrator, the department of public safety, and thedepartment of corrections shall cooperate with the commission by providinginformation or access to information needed by the commission. The office ofthe state courts administrator will provide needed staffing resources.
7. Courts shall retain discretion to lower or exceed the sentencerecommended by the commission as otherwise allowable by law, and to orderrestorative justice methods, when applicable.
8. If the imposition or execution of a sentence is suspended, the courtmay order any or all of the following restorative justice methods, or anyother method that the court finds just or appropriate:
(1) Restitution to any victim or a statutorily created fund for costsincurred as a result of the offender's actions;
(2) Offender treatment programs;
(3) Mandatory community service;
(4) Work release programs in local facilities; and
(5) Community-based residential and nonresidential programs.
9. The provisions of this section shall apply only to offenses occurringon or after August 28, 2003.
10. Pursuant to subdivision (1) of subsection 8 of this section, thecourt may order the assessment and payment of a designated amount ofrestitution to a county law enforcement restitution fund established by thecounty commission pursuant to section 50.565, RSMo. Such contribution shallnot exceed three hundred dollars for any charged offense. Any restitutionmoneys deposited into the county law enforcement restitution fund pursuant tothis section shall only be expended pursuant to the provisions of section50.565, RSMo.
11. A judge may order payment to a restitution fund only if such fundhad been created by ordinance or resolution of a county of the state ofMissouri prior to sentencing. A judge shall not have any direct supervisoryauthority or administrative control over any fund to which the judge isordering a defendant to make payment.
12. A defendant who fails to make a payment to a county law enforcementrestitution fund may not have his or her probation revoked solely for failingto make such payment unless the judge, after evidentiary hearing, makes afinding supported by a preponderance of the evidence that the defendant eitherwillfully refused to make the payment or that the defendant willfully,intentionally, and purposefully failed to make sufficient bona fide efforts toacquire the resources to pay.
(2000) Legislative intent of section was to increase or enhance punishment for present as opposed to prior conviction and thus is not an ex post facto law. Bailey v. Board of Probation and Parole, 36 S.W.3d 13 (Mo.App.W.D.).
558.019. 1. This section shall not be construed to affect the powers ofthe governor under article IV, section 7, of the Missouri Constitution. Thisstatute shall not affect those provisions of section 565.020, RSMo, section558.018 or section 571.015, RSMo, which set minimum terms of sentences, or theprovisions of section 559.115, RSMo, relating to probation.
2. The provisions of subsections 2 to 5 of this section shall beapplicable to all classes of felonies except those set forth in chapter 195,RSMo, and those otherwise excluded in subsection 1 of this section. For thepurposes of this section, "prison commitment" means and is the receipt by thedepartment of corrections of an offender after sentencing. For purposes ofthis section, prior prison commitments to the department of corrections shallnot include commitment to a regimented discipline program established pursuantto section 217.378, RSMo. Other provisions of the law to the contrarynotwithstanding, any offender who has pleaded guilty to or has been foundguilty of a felony other than a dangerous felony as defined in section556.061, RSMo, and is committed to the department of corrections shall berequired to serve the following minimum prison terms:
(1) If the offender has one previous prison commitment to the departmentof corrections for a felony offense, the minimum prison term which theoffender must serve shall be forty percent of his or her sentence or until theoffender attains seventy years of age, and has served at least thirty percentof the sentence imposed, whichever occurs first;
(2) If the offender has two previous prison commitments to thedepartment of corrections for felonies unrelated to the present offense, theminimum prison term which the offender must serve shall be fifty percent ofhis or her sentence or until the offender attains seventy years of age, andhas served at least forty percent of the sentence imposed, whichever occursfirst;
(3) If the offender has three or more previous prison commitments to thedepartment of corrections for felonies unrelated to the present offense, theminimum prison term which the offender must serve shall be eighty percent ofhis or her sentence or until the offender attains seventy years of age, andhas served at least forty percent of the sentence imposed, whichever occursfirst.
3. Other provisions of the law to the contrary notwithstanding, anyoffender who has pleaded guilty to or has been found guilty of a dangerousfelony as defined in section 556.061, RSMo, and is committed to the departmentof corrections shall be required to serve a minimum prison term of eighty-fivepercent of the sentence imposed by the court or until the offender attainsseventy years of age, and has served at least forty percent of the sentenceimposed, whichever occurs first.
4. For the purpose of determining the minimum prison term to be served,the following calculations shall apply:
(1) A sentence of life shall be calculated to be thirty years;
(2) Any sentence either alone or in the aggregate with other consecutivesentences for crimes committed at or near the same time which is overseventy-five years shall be calculated to be seventy-five years.
5. For purposes of this section, the term "minimum prison term" shallmean time required to be served by the offender before he or she is eligiblefor parole, conditional release or other early release by the department ofcorrections.
6. (1) A sentencing advisory commission is hereby created to consist ofeleven members. One member shall be appointed by the speaker of the house.One member shall be appointed by the president pro tem of the senate. Onemember shall be the director of the department of corrections. Six membersshall be appointed by and serve at the pleasure of the governor from among thefollowing: the public defender commission; private citizens; a private memberof the Missouri Bar; the board of probation and parole; and a prosecutor. Twomembers shall be appointed by the supreme court, one from a metropolitan areaand one from a rural area. All members shall be appointed to a four-yearterm. All members of the sentencing commission appointed prior to August 28,1994, shall continue to serve on the sentencing advisory commission at thepleasure of the governor.
(2) The commission shall study sentencing practices in the circuitcourts throughout the state for the purpose of determining whether and to whatextent disparities exist among the various circuit courts with respect to thelength of sentences imposed and the use of probation for offenders convictedof the same or similar crimes and with similar criminal histories. Thecommission shall also study and examine whether and to what extent sentencingdisparity among economic and social classes exists in relation to the sentenceof death and if so, the reasons therefor sentences are comparable to otherstates, if the length of the sentence is appropriate, and the rate ofrehabilitation based on sentence. It shall compile statistics, examine cases,draw conclusions, and perform other duties relevant to the research andinvestigation of disparities in death penalty sentencing among economic andsocial classes.
(3) The commission shall establish a system of recommended sentences,within the statutory minimum and maximum sentences provided by law for eachfelony committed under the laws of this state. This system of recommendedsentences shall be distributed to all sentencing courts within the state ofMissouri. The recommended sentence for each crime shall take into account,but not be limited to, the following factors:
(a) The nature and severity of each offense;
(b) The record of prior offenses by the offender;
(c) The data gathered by the commission showing the duration and natureof sentences imposed for each crime; and
(d) The resources of the department of corrections and other authoritiesto carry out the punishments that are imposed.
(4) The commission shall study alternative sentences, prison workprograms, work release, home-based incarceration, probation and paroleoptions, and any other programs and report the feasibility of these options inMissouri.
(5) The commission shall publish and distribute its recommendations onor before July 1, 2004. The commission shall study the implementation and useof the recommendations until July 1, 2005, and return a report to thegovernor, the speaker of the house of representatives, and the president protem of the senate. Following the July 1, 2005, report, the commission shallrevise the recommended sentences every two years.
(6) The governor shall select a chairperson who shall call meetings ofthe commission as required or permitted pursuant to the purpose of thesentencing commission.
(7) The members of the commission shall not receive compensation fortheir duties on the commission, but shall be reimbursed for actual andnecessary expenses incurred in the performance of these duties and for whichthey are not reimbursed by reason of their other paid positions.
(8) The circuit and associate circuit courts of this state, the officeof the state courts administrator, the department of public safety, and thedepartment of corrections shall cooperate with the commission by providinginformation or access to information needed by the commission. The office ofthe state courts administrator will provide needed staffing resources.
7. Courts shall retain discretion to lower or exceed the sentencerecommended by the commission as otherwise allowable by law, and to orderrestorative justice methods, when applicable.
8. If the imposition or execution of a sentence is suspended, the courtmay order any or all of the following restorative justice methods, or anyother method that the court finds just or appropriate:
(1) Restitution to any victim or a statutorily created fund for costsincurred as a result of the offender's actions;
(2) Offender treatment programs;
(3) Mandatory community service;
(4) Work release programs in local facilities; and
(5) Community-based residential and nonresidential programs.
9. The provisions of this section shall apply only to offenses occurringon or after August 28, 2003.
10. Pursuant to subdivision (1) of subsection 8 of this section, thecourt may order the assessment and payment of a designated amount ofrestitution to a county law enforcement restitution fund established by thecounty commission pursuant to section 50.565, RSMo. Such contribution shallnot exceed three hundred dollars for any charged offense. Any restitutionmoneys deposited into the county law enforcement restitution fund pursuant tothis section shall only be expended pursuant to the provisions of section50.565, RSMo.
11. A judge may order payment to a restitution fund only if such fundhad been created by ordinance or resolution of a county of the state ofMissouri prior to sentencing. A judge shall not have any direct supervisoryauthority or administrative control over any fund to which the judge isordering a defendant to make payment.
12. A defendant who fails to make a payment to a county law enforcementrestitution fund may not have his or her probation revoked solely for failingto make such payment unless the judge, after evidentiary hearing, makes afinding supported by a preponderance of the evidence that the defendant eitherwillfully refused to make the payment or that the defendant willfully,intentionally, and purposefully failed to make sufficient bona fide efforts toacquire the resources to pay.
(2000) Legislative intent of section was to increase or enhance punishment for present as opposed to prior conviction and thus is not an ex post facto law. Bailey v. Board of Probation and Parole, 36 S.W.3d 13 (Mo.App.W.D.).
