Bill Text: MO HB1630 | 2014 | Regular Session | Introduced
Bill Title: Changes the requirements for the use of private probation services
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-03-24 - Public Hearing Completed (H) [HB1630 Detail]
Download: Missouri-2014-HB1630-Introduced.html
SECOND REGULAR SESSION
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE GATSCHENBERGER.
5648H.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 217.750, 217.755, 559.600, 559.602, 559.604, and 559.609, RSMo, and to enact in lieu thereof six new sections relating to private probation services.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 217.750, 217.755, 559.600, 559.602, 559.604, and 559.609, RSMo, are repealed and six new sections enacted in lieu thereof, to be known as sections 217.750, 217.755, 559.600, 559.602, 559.604, and 559.609, to read as follows:
217.750. 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, except when the offense is a class C or class D felony, in which case the board shall provide probation services unless the circuit and associate circuit judges in a circuit contract with private entities or other court-approved entities to provide such services under section 559.600 and the sentencing judge orders the use of such private services. 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 or in section 568.050, 455.085, 589.425, or section 455.538.
217.755. 1. 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.
2. The court shall adopt rules, in accordance with section 217.040, for the approval of private probation services by the circuit and associate circuit judges in a circuit under section 217.750.
559.600. In cases where the board of probation and parole is not required under section 217.750 to provide probation supervision and rehabilitation services for misdemeanor offenders, or offenders who have pleaded guilty to or been found guilty of a class C or class D felony when private probation services are ordered by the sentencing court, the circuit and associate circuit judges in a circuit may contract with one or more private entities or other court-approved entity to provide such services in accordance with the requirements of sections 217.750 and 217.755, and rules promulgated thereunder. The court-approved entity, including private or other entities, shall act as a misdemeanor probation office in that circuit and shall, pursuant to the terms of the contract, supervise persons placed on probation by the judges for class A, B, and C misdemeanor offenses, specifically including persons placed on probation for violations of section 577.023. Such entity shall also act as a probation office in that circuit and shall, at the sentencing judge's discretion and under the terms of the contract, supervise persons placed on probation by the judge for a class C or class D felony. Nothing in sections 559.600 to 559.615 shall be construed to prohibit the board of probation and parole, or the court, from supervising [misdemeanor] such offenders in a circuit where the judges have entered into a contract with a probation entity.
559.602. A private entity seeking to provide probation supervision and rehabilitation services to [misdemeanor] offenders under sections 559.600 to 559.615 shall make timely written application to the judges in a circuit. When approved by the judges of a circuit, the application, the judicial order of approval and the contract shall be forwarded to the board of probation and parole. The contract shall contain the responsibilities of the private entity, including the offenses for which persons will be supervised. The board may then withdraw supervision of [misdemeanor] offenders [which] who are to be supervised by the court-approved private entity in that circuit.
559.604. Neither the state of Missouri nor any county of the state shall be required to pay any part of the cost of probation and rehabilitation services provided to [misdemeanor] offenders under sections 559.600 to 559.615. The person placed on probation shall contribute not less than thirty dollars or more than fifty dollars per month to the private entity providing him with supervision and rehabilitation services. The amount of the contribution shall be determined by the sentencing court. The court may exempt a person from all or part of the foregoing contribution if it finds any of the following factors to exist:
(1) The offender has diligently attempted, but has been unable, to obtain employment which provides him or her sufficient income to make such payments;
(2) The offender is a student in a school, college, university or course of vocational or technical training designed to fit the student for gainful employment. Certification of such student status shall be supplied to the court by the educational institution in which the offender is enrolled;
(3) The offender has an employment handicap, as determined by a physical, psychological or psychiatric examination acceptable to or ordered by the court;
(4) The offender's age prevents him or her from obtaining employment;
(5) The offender is responsible for the support of dependents, and the payment of such contribution constitutes an undue hardship on the offender;
(6) There are other extenuating circumstances as determined by the court to exempt or partially reduce such payments; or
(7) The offender has been transferred outside the state under an interstate compact adopted pursuant to law.
559.609. The associate circuit or municipal judges approving the private entity to function as a probation office shall base their decision on [factors such as length of time in the probation field, experience in supervising various types of offenders, the financial ability to operate a probation office in the jurisdiction, and other factors as the judges deem necessary and relevant] the following requirements:
(1) The entity shall be a corporation registered with the state of Missouri and possess a certificate of corporation in good standing and provide proof of such to the court;
(2) The entity shall submit a copy of its policies and procedures to the court;
(3) Beginning August 28, 2014, all persons who provide supervision within the entity shall possess a bachelor's degree or have equivalent relevant professional experience. Any person hired prior to August 28, 2014 shall be considered to have fulfilled all educational and relevant experience requirements necessary for employment; and
(4) Other areas for consideration shall be experience and length of time in the field of criminal justice and the entity's financial ability to provide services and other factors as the judges deem necessary and relevant.
•
