14 CSR — Department of Corrections

Division 10 Director

Chapter 5 Offender Management

14 CSR 10-5.010 Time Credit {#sec-14-csr-10-5.010 omnilex-key=us-mo-regs-official--title-14--14 CSR 10-5.010}

PURPOSE: This procedure establishes the guidelines for the Department of Corrections to award time credit as authorized by section 558.041, RSMo (1986) to inmates who have served their sentences in an orderly and peaceful manner and are not specifically excluded by law. This procedure applies to all divisions of the Department of Corrections.

(1) Definitions.

(A) Time credit. Days subtracted from the incarceration time.

(B) Prior offender. One who previously has pled guilty to or has been found guilty of one (1) felony and the court has made this finding (sections 558.016, 558.019 and 558.021, RSMo).

(C) Persistent offender. One who previously has pled guilty to or has been found guilty of two (2) or more felonies committed at different times and the court has made this finding (sections 558.016, 558.019 and 558.021, (D) Class x-offender. One who has previously pled guilty to or has been found guilty of three (3) felonies at different times and the court has made this finding (sections 558.019 and 558.021, RSMo).

(E) Conditional release date. A release to supervision after the completion of a statutorily fixed prison term of all sentences.

(F) Prison term. The time required to be served by the offender before s/he is eligible for conditional release (section 558.011, (2) Procedure.

(A) Eligibility. Each inmate of the Department of Corrections sentenced under provisions of the new criminal code pursuant to

section 556.031, RSMo may be eligible to receive time credit, except those listed under subsection (2)(B). The credit shall be subtracted from the established conditional release date, creating a projected time credit release date. Inmates demonstrating acceptable behavior and appropriate program involvement shall be eligible for consideration for administrative parole release on that date. This credit shall be calculated upon assignment to the division and shall be calculated at the rate ofó 1. One (1) calendar month for each year of the sentence for Class A or B offenders; and 2. Two (2) calendar months for each year of the sentence for Class C or D offenders.

(B) Inmates Not Eligible. Those inmates not eligible for time credit are as follows:

Inmates whose conditional release date has been extended to maximum release date because of disciplinary action;
Inmates whose conviction was based on a crime committed before January 1, 1979;
Inmates serving life sentences or convicted for the crime of persistent sexual offender (section 558.018, RSMo);
Inmates convicted of tampering with a victim/witness (section 575.270, RSMo);
Inmates convicted of drug sales or possession by a prior drug offender (section 195.200, RSMo);
Inmates sentenced as dangerous or persistent offenders (section 558.016.6., RSMo); and 7. Inmates shall not be eligible for time credits until the minimum term required by law has been served for the following:

A. When sentenced as a prior, persistent or a class x-offender (section 558.019, RSMo); and B. When convicted of armed criminal action (section 571.015, RSMo) or pharmacy robbery I/II (sections 569.035 and 569.085, (C) Parole or conditional release violators with more than one hundred twenty (120) days to serve to their maximum release dates may be eligible to earn time credit at the rate of two and one-half (2 1/2) days per month for Class A or B offenders for the number of months remaining on the sentence at the time of revocation. The rate for Class C or D offenders shall be five (5) days per month.

This credit shall be subtracted from the established maximum conditional release date creating a projected time credit release date.

Parole or conditional release violators demonstrating acceptable behavior and appropriate program involvement shall be eligible for consideration for administrative parole release on that date.

(D) One hundred eighty (180) days prior to the projected time credit release date the institution head shall forward for each eligible inmate a completed time credit eligibility form to the appropriate institutional parole office supervisor or liaison officer. The form shall include the institution headís recommendation to approve or deny time credit.

(E) The assigned institutional parole officer or liaison officer shall prepare a prerelease report for each inmate recommended for time credit and forward the report with the corresponding recommendation, as well as all other time credit eligibility forms which contain a recommendation to deny time credit, to the chairman of the Board of Probation and Parole.

(F) One hundred twenty (120) days prior to the projected time credit release date, the institution head shall forward to the chairman of the Board of Probation and Parole names of inmates eligible for consideration for administrative parole. The institution head shall certify satisfactory conduct and program participation.

(G) Time credit release dates will be utilized in determining eligibility for furloughs, work release and education release.

Amended: Filed Aug. 8, 1984, effective Dec. 15, 1984. Rescinded and readopted: Filed June 16, 1988, effective Sept. 29, 1988.

Amended: Filed Jan. 27, 1989, effective May 13, 1989. *Original authority: 217.040, RSMo 1982, amended 1989 and 558.041, RSMo 1983, amended 1986.

History

AUTHORITY: sections 217.040 and 558.041, RSMo 1986. This rule was previously filed as 14 CSR 20-8.020. Original rule filed March 14, 1984, effective July 15, 1984.

14 CSR 10-5.020 Private Sector/Prison Industry Certification Program {#sec-14-csr-10-5.020 omnilex-key=us-mo-regs-official--title-14--14 CSR 10-5.020}

PURPOSE: The Private Sector/Prison Industry Enhancement Certification Program allows for contracts that produce income so inmates can makeóa contribution to society, their own cost, victims of crime, and provides purposeful work for inmates, thereby reducing prison tensions, increasing job skills and providing opportunity for inmate rehabilitation.

(1) To expand inmate employment opportunities, the department will seek to enter into a joint employment venture(s) with the private sector. These ventures can only be accomplished through approval by the Private Sector/Prison Industry Enhancement Certification Program, which is administered through the Federal Bureau of Justice Assistance. This procedure will encompass all administrative criteria for participation in that program.

(A) Authority to Contract with Private Sector. Subject to provisions of section 217.090, RSMo, the department director has the

(B) Lease of Building/Land.

MATTBLUNT(8/31/02)

Chapter 5óOffender Management14 CSR 10-5 1. Subject to provisions of section 217.090, RSMo, the director may lease space and/or one (1) or more buildings or portions of buildings on the grounds of any correctional institution, together with the real estate needed for reasonable access to and egress from the leased premises, to a private individual, corporation, partnership or other lawful entity for the purpose of establishing and operating a business enterprise.

The term of the lease is to be determined by the director with the approval of the Missouri Correctional Industries Advisory Board and the Joint Committee on Correctional Institutions and Problems. The enterprise(s) at all times will observe the practices and procedures regarding security as the lease may specify or as the facility superintendent may temporarily stipulate during periods of emergency. The enterprise shall be deemed a private enterprise subject to all federal and state laws governing the operation of similar private business enterprises, as specified by the authorized contract.

Upon the approval of the director, any lessee operating this enterprise may employ and discharge from employment selected inmates of the correctional institution where the enterprise is operated or from other institutions in close proximity.
Inmate participation in these operations is strictly voluntary. Inmates assigned to an enterprise are subject to all departmental and divisional rules in addition to rules promulgated by the authorized contractor.

Inmate workers will agree in advance to wage deductions and all other financial arrangements.

Inmates employed in these operations will be covered by Workersí Compensation insurance, specified in the contract as a responsibility of the authorized contractor.

(D) Wages.

The department director will obtain written assurances from the Missouri Department of Labor and Industrial Relations that inmate worker compensation plans, including wages, bonus and piece work rates are comparable to wages paid for work of a similar nature in the locality in which the work is performed. In the absence of work of a similar nature, inmate compensation from wages or piece rates may not be less than the federal minimum wage.
The department director will obtain written assurances from the Missouri Department of Labor and Industrial Relations which stipulate that paid inmate employment will not result in displacement of employed workers, be applied in skills, crafts or trades in which there is a surplus of available gainful labor in the locality or impair existing contracts for services.

(E) Deduction from Wages.

Subject to the provisions of section 217.255, RSMo, the department has the
Subject to the provisions of section 217.260(3), RSMo, as provided by division

rule, upon consent of the inmate, the director may permit inmate earnings to be used for the support of the inmateís family or other rightful dependents. The director will determine reasonable deductions from wages to include room and board; federal, state and Social Security taxes; and family support. All deductions must not total more than eighty percent (80%) of gross wages. Provisions of the Fair Labor Standards Act shall apply to contractual inmate workers.

(F) Consultation with Missouri Correctional Industries Advisory Board subject to

section 217.550, RSMo, consultation with representatives of the labor unions and the private sector will be accomplished through a review and approval of the proposed operations with the Missouri Correctional Industries Advisory Board.

rule filed Sept. 23, 1988, effective Jan. 13, 1989. *Original authority: 217.040, RSMo 1982; 217.090, RSMo 1982; 217.550, RSMo 1982; and 595.045, RSMo 1981, amended 1982, 1984, 1985, 1986, 1988.

4CODE OF STATE REGULATIONS

(8/31/02) MATTBLUNT 14 CSR 10-5óDEPARTMENT OF CORRECTIONS

History

authority to determine whether certain governmental, private or not-for-profit activities could be conducted on the grounds of an institution while being compatible with the services of that facility.
authority to pay into the Crime Victims Compensation Fund and the fund has the authority to accept deductions from an inmateís compensation. Inmates assigned to an enterprise for employment purposes shall be required to pay a percentage of his/her wages as established by the department director of not less than five percent (5%) nor more than twenty percent (20%) of gross wages to the Crime Victims Compensation Fund, section 595.045, RSMo.
AUTHORITY: sections 217.040, 217.090, 217.550 and 595.045, RSMo 1986. Original

Division 20 Division of Adult Institutions

Chapter 1 Organization

14 CSR 20-1.010 Organization {#sec-14-csr-20-1.010 omnilex-key=us-mo-regs-official--title-14--14 CSR 20-1.010}

PURPOSE: This rule provides a general description of the organization and operations of the Division of Adult Institutions and the methods where the public may obtain information or submit recommendations concerning division policies and procedures.

(1) The Division of Adult Institutions is a statutorily established division of the statutorily established Missouri Department of Corrections. The department also includes the Division of Administration and the Board of Probation and Parole. The director of the Department of Corrections is appointed by the governor of Missouri, and is statutorily mandated to primarily insure that positive efforts are made to insure public safety and secondarily to institute various rehabilitative programs and an overall approach aimed at reducing the recidivism rate of inmates returning to the department. The director of the department is authorized to subdivide each division into sections, bureaus or offices as necessary to carry out the duties assigned by law.

(2) The Division of Adult Institutions is statutorily mandated to manage, supervise and direct all adult correctional rehabilitative and training activities, provide for the protection, care, discipline, instruction and suitable quartering of all persons legally assigned to its jurisdiction and operate programs and activities designed to release persons as useful, productive and law-abiding citizens. The division has control and jurisdiction over all persons legally sentenced and committed to the custody of the division.

(3) The director of the Division of Adult Institutions is appointed by and subject to the supervision of the department director and is the chief administrative officer of the division. The division director is assisted by two (2) assistant directors in the administration of the division. An organizational chart (Appendix 1) depicting lines of authority and responsibility and channels of communication shall be updated annually and submitted annually to the department director as part of the division budget.

(A) The division director is responsible for the supervision of all adult state correctional institutions and centralized service units, the development and coordination of annual division budget and liaison between the department director and various legislative committees.

(B) The director shall be assisted by two (2) assistant directors in the supervision of correctional institutions. Each assistant director shall be responsible to the director for the supervision of institutions in his/her respective zone.

(C) The director shall be assisted by an executive assistant in the development, implementation and monitoring of divisional policies and procedures.

(4) The division shall have an executive staff composed of the division director, the assistant directors, the executive assistant and the chief administrative officers of the correctional institutions of the division. The executive staff shall meet monthly to review and revise existing programs set objectives and strategies, develop policies and procedures and guide budget preparation.

(5) Each correctional institution of the division shall have a chief administrative officer responsible for the control and management of the institution. This chief administrative officer, designated either warden or superintendent, shall be appointed by the division director and shall be responsible to the division director through the appropriate assistant director. The chain of authority, responsibility and communication in the institution shall be similar to that of the division and shall extend directly from the chief administrative officer to all employees through the section and unit heads.

(6) Each chief administrative officer shall submit annually to the division director a budget request and updated organizational chart depicting lines of authority, responsibility and communication. Each chief executive officer shall meet monthly with key staff members and section heads to review, revise and develop goals, programs, strategies, policies and the annual budget.

(7) The following institutions shall comprise Zone I of the division. All chief administrative officers of Zone I institutions shall be designated superintendents:

(A) Algoa Correctional Center (ACC), P.O. Box 538, Jefferson City, MO 65102.

(314) 751-3911;

(B) Central Missouri Correctional Center (CMCC), P.O. Box 539, Jefferson City, MO 65102. (314) 751-2053;

(D) KaCee Honor Center (KCHC), 919 Oak Street, Kansas City, MO 64106. (816) 842-7663;

(E) Renz Correctional Center (RCC), P.O.

Box 28, Cedar City, MO 65022. (314) 751- 4748;

(F) St. Maryís Honor Center (SMHC), 1548 Papin Street, St. Louis, MO 63103.

(314) 621-1634; and (G) State Correctional Pre-Release Center (SCPRC), Route 2, Box 176, Tipton, MO 65081. (816) 433-2031.

(8) The following institutions shall comprise Zone II of the division. The chief administrative officer of the Missouri State Penitentiary shall be designated warden; all other Zone II chief administrative officers shall be designated superintendents:

(A) Boonville Correctional Center (BCC), P.O. Box 379, Boonville, MO 65233. (816) 882-6521;

(B) Missouri Eastern Correctional Center (MECC), 18701 Old Highway 66, Pacific, MO 63069. (314) 257-3322;

(314) 751-3224;

(D) Missouri Training Center for Men (MTCM), P.O. Box 7, Moberly, MO 65270.

(816) 263-3778; and (E) Ozark Correctional Center (OCC), P.O. Box 146, Fordland, MO 65652. (816) 738-4491. Satellite Unit: Camp Hawthorn (CH), Lake Ozarks State Road, Kaiser, MO 65047. (314) 348-3194.

(9) The general public may obtain information or submit recommendations concerning the policies, procedures or actions of the Department of Corrections through the office of the department director, 2729 Plaza Drive, Jefferson City, MO 65101, (314) 751-2389.

The general public may obtain information or submit recommendations concerning the policies, procedures or actions of the Division of Adult Institutions through the office of the division director, 2729 Plaza Drive, Jefferson City, MO 65101, (314) 751-2389. The general public may obtain information or submit recommendations concerning the policies, procedures or actions of any institution of the division through the office of the chief administrative officer of that institution.

MATTBLUNT(8/31/02)

Chapter 1óOrganization14 CSR 20-1 4CODE OF STATE REGULATIONS (8/31/02) MATTBLUNt 14 CSR 20-1óDEPARTMENT OF CORRECTIONS

History

AUTHORITY: sections 217.040 and 217.155, RSMo 1986. Original rule filed March 4, 1984, effective July 15, 1984. Original authority: 217.040, RSMo 1982 and 217.155, RSMo 1982.

Chapter 28 Community Services

14 CSR 20-28.010 Temporary Release {#sec-14-csr-20-28.010 omnilex-key=us-mo-regs-official--title-14--14 CSR 20-28.010}

PURPOSE: The division director may extend the limits of confinement of an inmate by authorization to the inmate to visit specifically designated places without escort under prescribed conditions. Division procedures are set forth in this rule.

(1) Authority. Only the division director or his/her designee (assistant director) has the

(2) Basis for Temporary Leave. Temporary release may be granted an inmate accordingly, to visit a relative who is seriously ill, to attend the funeral of a relative, to contact prospective employers, to obtain medical services not otherwise available and to participate in approved rehabilitative activities.

(A) Relatives shall be defined as immediate family, that is the father, mother, wife, husband, son, daughter, brother and/or sister.

Others who can be determined to have been immediate family substitutes, such as grandparents, uncle, aunt, foster parents, etc., may be approved.

(B) Serious illness verification shall be obtained from only reliable sources such as hospital personnel or physicians. Verification of death shall be accepted from either the funeral home personnel or local law enforcement authorities.

(C) In order to be approved to seek employment, the inmate shall be scheduled for release within six (6) months and indicate definite job preparation plans.

(D) The chief medical person at each institution shall recommend medical leaves for a specific period of time. Inmates granted medical leave shall be escorted to the medical center or hospital by corrections personnel and returned in the same manner.

(E) Approved rehabilitative activities would include visiting family, participation in educational or community events and/or other legitimate reasons conducive to rehabilitation.

(3) Ineligible Inmates. No inmate under the sentence of death or serious custody risks will be granted leaves. Inmates not eligible for consideration are as follows:

(A) Inmates who are assigned to institutions offering custody provisions of level three (3) or above;

(B) Inmates with detainers;

(C) Inmates identified with organized crime, violent crimes or those whose presence in the community is likely to evoke adverse reaction;

(D) Inmates with an extended and recent

history of substance abuse;

(E) Inmates with a history of sex offenses, security segregation cases and inmates with serious or numerous conduct violations indicating a lack of stability;

(F) Inmates whose proposed temporary leave raises objections from the prosecuting attorney or sentencing judge, or from the prosecuting attorney or judge of the county where s/he is being released;

(G) Inmates who have more than eighteen (18) months to serve before release by parole or commutation of sentence; and (H) All psychiatric cases.

(4) Annual Limitation. Temporary leaves shall not exceed thirty (30) days per year, with the beginning dates of each one (1)-year period as that of the inmateís first furlough.

The following shall be exceptions to the thirty (30)-days-per-annum limitation:

(A) The inmate is enrolled in a work release program; or (B) The inmate is in need of emergency medical services.

(5) Selection Procedures. Normal classification procedures shall be used in the selection of prospective inmates for participation in temporary leave. Inmates will make application to the classification treatment team for temporary leave. If the classification treatment team approves the request, it will be forwarded to the institution head for review.

If the institution head approves the temporary leave request, it will be forwarded to the division director or his/her designee (assistant director) for his/her decision.

(A) Classification Team Recommendation.

All inmates seeking temporary leave authorization shall be required to complete the Inmate Request for Furlough Form, (Appendix 1). With team approval, the application shall be submitted to the institution head for approval.

First temporary leave request. Support for the leave recommendation of those inmates who have not previously participated in the program shall include: diagnostic center summary, copies of the chronological entries, psychiatric/psychological reports, PSI reports (where available) and a written rationale for the request including a summary of the inmateís incarcerative period, pertinent commitment data and the inmateís expected release date.
Subsequent reports. Where the inmate has previously been approved for leave, it shall be necessary to submit chronological entries from the last leave to present, and a written rationale for the request including a summary of the inmateís incarcerative period since the last leave, the time accrued in temporary leaves during the inmateís furlough year and the inmateís expected release date.

(B) Division Directorís Decision. The division director or his/her designee (assistant director) shall authorize the temporary leave by signature on the Approval and Order for Inmate Furlough Form (Appendix 2). The recommendation and documentation of the leave shall be submitted to the division director or his/her designee (assistant director) at least thirty (30) days in advance of the proposed temporary leave date. The recommendation and documentation of the leave shall be returned duly notarized to the institution head and thereupon, a copy provided the inmate. The inmate shall be required to carry during the leave, the directorís or his/her designeeís (assistant director) approval and order.

(6) Reporting Procedures/Accountability.

Inmates granted a temporary leave will report to a parole office/honor center in the district where s/he has been granted a temporary leave. The reporting locations for each county are listed on the Reporting Location Form (Appendix 4). Honor centers and probation and parole staff will telephonically contact the inmate at the approved destination within the furlough period.

(A) Inmates granted a furlough must physically report to the specified location the same day s/he leaves the institution and must show his/her furlough papers and inmate identification card to the staff person s/he is reporting to. Institutional personnel shall ensure that the time of furlough departure provides the inmate sufficient time to report to the parole office/honor center that day.

Institutions are reminded that parole offices are open only until 4:30 p.m. daily. In addition, furloughs will be scheduled for departure only on normal work days (Monday through Friday) and not on weekends or holidays.

These procedures will not be deviated from unless upon specific authorization by the division director or his/her designee (assistant director). When this occurs, inmates furloughing to the St. Louis and Kansas City Honor Centers region will be required to report to a parole office on weekends or holidays. The furloughing institution will be required to make telephone contact with inmates during weekends and holidays, as an alternate measure for those inmates.

(B) Honor center/parole office staff will fill out the Verification of Furlough Report-In Form (Appendix 6) documenting that the inmate reported to the location on the approved date and whether s/he reported late or did not report at all.

(C) If the inmate does not physically report in to the specified location that day, the contact person will telephonically notify the institution from which the inmate was furloughed on the same working day. Failure to report or reporting late will not be considered an escape but will be considered a violation of the furlough conditions.

(D) The honor centers/parole offices will send each institution involved the original Verification of Furlough Report-In Form, at the close of business each Friday for that week. The copies of this form will be sent to the director of the Division of Adult Institutions and the chairman of the Board of Probation and Parole. The original form shall be placed in the classification file as a permanent part of the inmateís furlough record.

(7) Notification of Community Officials.

Notification must be made to the community of the inmateís upcoming leave from custody, using division forms Notification and Temporary Leave from Custody (Appendix 3). Notification must be made by certified mail at the institutionís expense. The inmate will furnish a stamped envelope addressed to the institution where s/he is assigned. The inmate will not be granted temporary leave unless the notification forms are returned to the institution head indicating approval from either the judge or prosecutors. Unless an emergency or a temporary leave to a halfway house assignment, written notification shall be provided twenty (20) days in advance of the proposed leave.

(A) When the inmate is granted temporary leave to a county other than the one from which s/he was sentenced, the circuit judge, prosecuting attorney, sheriff and district parole officers of the county of the proposed visit shall be notified.

(B) Courtesy notification shall also be made to the Fugitive Office, Metropolitan Police Department, 1200 Clark Avenue, St.

Louis, MO 63103, when an inmate will be located in the metropolitan St. Louis area while on temporary leave. In addition, the notification letter shall contain the St. Louis Police Department identification number if available from the FBI report.

(C) Notification shall also be made to the Kansas City Chief of Police, 1125 Locust, Kansas City, MO 64106, when an inmate will be located in the metropolitan Kansas City area on temporary leave.

(D) Notification will also be made to the honor center/parole office to which the inmate must report. If notification is made and the furlough is subsequently denied or the dates for the furlough are changed, the institution will telephonically notify the honor center/parole office prior to the original departure date.

(8) Emergency Leave. Emergencies arising in the inmateís immediate family or inmate medical crisis make it necessary to expedite the temporary leave approval process. In cases where it is neither possible nor practical to follow standard procedure in gaining the directorís or his/her designeeís (assistant director) approval of the leave, the institution head may recommend to the director of the division or his/her designee (assistant director) an emergency approval. In these cases the usual time frame for submission of temporary leave documentation may be waived.

(A) The institution head shall contact the director of the division and advise of the emergency. Where possible, temporary leave documentation will be hand delivered to the division director or his/her designee (assistant director) for review and action. Where, due to institutional location, time does not permit the delivery, the institution head may ask the division director or his/her designee (assistant director) to consider leave approval after a verbal review of the pertinent matters related to the leave. Upon the telephonic approval of the director or his/her designee (assistant director), the institution head shall be authorized to sign the Approval and Order for Inmate Furlough in behalf of the division director or his/her designee (assistant director).

(B) The institution head shall insure that appropriate community authorities are telephonically notified of the emergency leave in advance of the inmateís actual departure.

(9) Temporary Leave to Halfway Houses.

Inmates of the State Correctional Pre-Release Center and Chillicothe Correctional Center who seek leave in destination to their halfway house assignment may be granted through an expedited process. The institution heads of the two (2) centers have been granted authority by the division director to approve and sign Furlough from Confinement Orders (Appendix 5) in behalf of the division director.

(A) Copies of the approval and order shall be submitted to the division director or his/her designee (assistant director).

(B) Appropriate records of all furloughs granted shall be maintained by the approving institutions.

section (7) of this rule shall be notified of the inmateís leave in advance of his/her departure.

(10) Transportation. Whenever possible, except for medical leave, a relative or friend shall transport, to and from the institution, the inmate granted temporary leave. Transportation expenses for inmates granted temporary leave shall not be borne by the division unless for medical care.

(11) Documentation of Temporary Leave Results. The institution records officer shall make notations on the reverse side of the temporary leave form indicating the date and time of the inmateís return to the institution with or without incident. If any condition of the temporary leave was violated or any incident occurred, circumstances concerning the violation and incident shall be documented and forwarded to the institution head for review. Where it appears that the inmate has violated a condition of the leave, a violation shall be written for classification team consideration.

(A) Temporary Leave Violations. Inmates who are alleged to have violated a condition of the temporary leave shall be referred to the classification team for a violation hearing.

The classification team shall offer to the institution head a recommendation of furlough success or failure.

An inmate who fails to return from temporary leave at the appointed time shall be considered an escapee in accordance with the statute. On a case-by-case basis, the institution head may request prosecution and/or extension of conditional release for the escape, and/or construe the failure to return to be a serious violation.
An inmate shall have failed in the temporary leave if s/he committed a felony or misdemeanor during the leave. The inmate shall be ineligible for temporary leave.

4CODE OF STATE REGULATIONS

An inmate who violates other conditions of the leave may be subject to suspension of temporary leave privileges for one (1) year.

(B) Furlough success or failure shall be noted on the reverse side of the request for Inmate Furlough Form and signed by the institution head. Failure shall be recorded as either: failure to return (determined to have escaped), or conditions failure. A copy of the request for Inmate Furlough Form shall be forwarded to the institutional data entry operator and the original maintained in the inmateís classification file.

(12) Each institution shall develop a form listing all furlough conditions or restrictions imposed by institutional staff. The inmate shall sign and date the form and a staff member will sign as witness. The inmate will be given a copy and the original shall be placed in the classification file as a permanent part of his/her record. The form shall be termed Institutional Furlough Instructions and shall include all pertinent information with at least the following information:

(A) You must report in person to________ _____________________________location, _____________________telephone number, on _______ date, prior to __________ time;

(B) You must present your furlough papers and inmate identification card at the above location at the time you report in;

(C) Any failure to follow the above listed conditions or those noted on your Approval and Order for Inmate Furlough may result in a conduct violation or prosecution, as determined appropriate by the Classification Team, with final approval by the institution head;

(D) I have read the above conditions and agree that I fully understand each condition as specified and further agree that I will follow the conditions. ______________________Inmate Signature, ________________ Number, Date _______, _______________________ Staff Signature, ____________________________ Date; and (E) Each institution head shall develop an institutional rule based on the guidelines of this division rule and submit a copy to the director for approval prior to implementation.

6CODE OF STATE REGULATIONS

APPENDIX 3

NOTIFICA

TION

TEMPORARY LEAVE FROM CUSTODY

RE:

Be advised of the temporary leave from the custody of the Division of Adult Institutions, of ____________________________, # _____________________, as provided under Section 217.425, RSMo (1986). The temporary leave shall be for the period ____ ______________________________________until ___________________________in ______________________________County. Conditions of the leave are set forth in the attached Request for Temporary Leave.

Please notify this institution immediately should any difficulties arise during this leave: ______________________________________________________________ TelephoneAssistant Superintendent IDENTIFYING INFORMATION:

CHARGE: ___________________________________________________________

SENTENCE: __________________RECEIVED DCHR: _____________________

TIME SERVED: ___________________ YRS. _________________ MOS.

JAIL TIME CREDIT: ______________________________________ DAYS

PRESUMPTIVE RELEASE DATE: ______________________________________

DISCHARGE DATE: __________________________________________________

AGE: _____ RACE: _____ HEIGHT: ______ WEIGHT: _______ EYES: _______

HAIR: ____________ BUILD: _____________ COMPLEXION: ______________

8CODE OF STATE REGULATIONS

Adair . . . . . . . . . . . . . . . . . . . . . .18 Andrew . . . . . . . . . . . . . . . . . . . . . .1 Atchison . . . . . . . . . . . . . . . . . . . . .1 Audrain . . . . . . . . . . . . . . . . . . . . .26 Barry . . . . . . . . . . . . . . . . . . . . . .21 Barton . . . . . . . . . . . . . . . . . . . . . .9 Bates . . . . . . . . . . . . . . . . . . . . . . .5 Benton . . . . . . . . . . . . . . . . . . . . . .9 Bollinger . . . . . . . . . . . . . . . . . . . .22 Boone . . . . . . . . . . . . . . . . . . . . . . .6 Buchanan . . . . . . . . . . . . . . . . . . . . .1 Butler . . . . . . . . . . . . . . . . . . . . . .14 Caldwell . . . . . . . . . . . . . . . . . . . . .2 Callaway . . . . . . . . . . . . . . . . . . . .26 Camden . . . . . . . . . . . . . . . . . . . . .20 Cape Girardeau . . . . . . . . . . . . . . . .22 Carroll . . . . . . . . . . . . . . . . . . . . . .2 Carter . . . . . . . . . . . . . . . . . . . . . .13 Cass . . . . . . . . . . . . . . . . . .K.C.H.C.

Cedar . . . . . . . . . . . . . . . . . . . . . . .9 Chariton . . . . . . . . . . . . . . . . . . . . .2 Christian . . . . . . . . . . . . . . . . . . . .21 Clark . . . . . . . . . . . . . . . . . . . . . . .3 Clay . . . . . . . . . . . . . . . . . .K.C.H.C.

Clinton . . . . . . . . . . . . . . . . . . . . . .1 Cole . . . . . . . . . . . . . . . . . . . . . . .27 Cooper . . . . . . . . . . . . . . . . . . . . . .6 Crawford . . . . . . . . . . . . . . . . . . . .11 Dade . . . . . . . . . . . . . . . . . . . . . . .9 Dallas . . . . . . . . . . . . . . . . . . . . . .10 Daviess . . . . . . . . . . . . . . . . . . . . . .2 DeKalb . . . . . . . . . . . . . . . . . . . . . .1 Dent . . . . . . . . . . . . . . . . . . . . . . .11 Douglas . . . . . . . . . . . . . . . . . . . . .13 Dunklin . . . . . . . . . . . . . . . . . . . . .23 Franklin . . . . . . . . . . . . . . . . . . . . .16 Gasconade . . . . . . . . . . . . . . . . . . .16 Gentry . . . . . . . . . . . . . . . . . . . . . .1 Green . . . . . . . . . . . . . . . . . . . . . .10 Grundy . . . . . . . . . . . . . . . . . . . . . .2 Harrison . . . . . . . . . . . . . . . . . . . . .2 Henry . . . . . . . . . . . . . . . . . . . . . . .5 Hickory . . . . . . . . . . . . . . . . . . . . .10 Holt . . . . . . . . . . . . . . . . . . . . . . . .1 Howard . . . . . . . . . . . . . . . . . . . . . .6 Howell . . . . . . . . . . . . . . . . . . . . .13 Iron . . . . . . . . . . . . . . . . . . . . . . .12 Jackson . . . . . . . . . . . . . . . .K.C.H.C.

Jasper . . . . . . . . . . . . . . . . . . . . . . .9 Jefferson . . . . . . . . . . . . . .St. M.H.C.

Johnson . . . . . . . . . . . . . . . . . . . . . .5 Knox . . . . . . . . . . . . . . . . . . . . . . .3 Laclede . . . . . . . . . . . . . . . . . . . . .20 Lafayette . . . . . . . . . . . . . . . . . . . . .5 Lawrence . . . . . . . . . . . . . . . . . . . .10 Lewis . . . . . . . . . . . . . . . . . . . . . . .3 Lincoln . . . . . . . . . . . . . . . . . . . . .17 Linn . . . . . . . . . . . . . . . . . . . . . . . .2 Livingston . . . . . . . . . . . . . . . . . . . .2 McDonald . . . . . . . . . . . . . . . . . . . .9 Macon . . . . . . . . . . . . . . . . . . . . . .18 Madison . . . . . . . . . . . . . . . . . . . .12 Maries . . . . . . . . . . . . . . . . . . . . . .11 Marion . . . . . . . . . . . . . . . . . . . . . .3 Mercer . . . . . . . . . . . . . . . . . . . . . .2 Miller . . . . . . . . . . . . . . . . . . . . . .20 Mississippi . . . . . . . . . . . . . . . . . . .14 Moniteau . . . . . . . . . . . . . . . . . . . .27 Monroe . . . . . . . . . . . . . . . . . . . . . .3 Montgomery . . . . . . . . . . . . . . . . . .26 Morgan . . . . . . . . . . . . . . . . . . . . .20 New Madrid . . . . . . . . . . . . . . . . . .14 Newton . . . . . . . . . . . . . . . . . . . . . .9 Nodaway . . . . . . . . . . . . . . . . . . . . .1 Oregon . . . . . . . . . . . . . . . . . . . . .13 Osage . . . . . . . . . . . . . . . . . . . . . .27 Ozark . . . . . . . . . . . . . . . . . . . . . .13 Pemiscot . . . . . . . . . . . . . . . . . . . .23 Perry . . . . . . . . . . . . . . . . . . . . . .22 Pettis . . . . . . . . . . . . . . . . . . . . . . .5 Phelps . . . . . . . . . . . . . . . . . . . . . .5 Pike . . . . . . . . . . . . . . . . . . . . . . . .3 Platte . . . . . . . . . . . . . . . . .K.C.H.C.

Polk . . . . . . . . . . . . . . . . . . . . . . .10 Pulaski . . . . . . . . . . . . . . . . . . . . . .11 Putnam . . . . . . . . . . . . . . . . . . . . . .2 Ralls . . . . . . . . . . . . . . . . . . . . . . .3 Randolph . . . . . . . . . . . . . . . . . . . .18 Ray . . . . . . . . . . . . . . . . . . .K.C.H.C.

Reynolds . . . . . . . . . . . . . . . . . . . .12 Ripley . . . . . . . . . . . . . . . . . . . . . .14 St. Charles . . . . . . . . . . . . . . . . . . .17 St. Clair . . . . . . . . . . . . . . . . . . . . .5 St. Francois . . . . . . . . . . . . . . . . . .12 Ste. Genevieve . . . . . . . . . . . . . . . . .12 St. Louis City . . . . . . . . . . .St. M.H.C.

St. Louis County . . . . . . . . .St. M.H.C.

Saline . . . . . . . . . . . . . . . . . . . . . . .5 Schuyler . . . . . . . . . . . . . . . . . . . .18 Scotland . . . . . . . . . . . . . . . . . . . . .3 Scott . . . . . . . . . . . . . . . . . . . . . . .14 Shannon . . . . . . . . . . . . . . . . . . . . .13 Shelby . . . . . . . . . . . . . . . . . . . . . .18 Stoddard . . . . . . . . . . . . . . . . . . . .14 Stone . . . . . . . . . . . . . . . . . . . . . .21 Sullivan . . . . . . . . . . . . . . . . . . . . . .2 Taney . . . . . . . . . . . . . . . . . . . . . .21 Texas . . . . . . . . . . . . . . . . . . . . . .13 Vernon . . . . . . . . . . . . . . . . . . . . . .9 Warren . . . . . . . . . . . . . . . . . . . . .17 Washington . . . . . . . . . . . . . . . . . . .12 Wayne . . . . . . . . . . . . . . . . . . . . . .12 Webster . . . . . . . . . . . . . . . . . . . . .10 Worth . . . . . . . . . . . . . . . . . . . . . . .1 Wright . . . . . . . . . . . . . . . . . . . . . .10

APPENDIX 4

FURLOUGH REPORTING LOCATIONS

CountyLocationCountyLocationCountyLocation

APPENDIX 4 (Cont.)

Page 2 of 2 pages FURLOUGH REPORT LOCATION ADDRESSES DISTRICT OFFICEADDRESSPHONE NUMBER NUMBER **1 ó ST. JOSEPH2921 N. Belt Highway, Suite L15 (Mart Plaza)(816) 279-5710 2 ó CHILLICOTHE510 Webster(816) 646-4535 3 ó HANNIBALSuite 350, 909 Broadway(314) 221-7010 5 ó WARRENSBURG101 Market(816) 747-8186 6 ó COLUMBIA800 North Providence(314) 449-2571 9 ó CARTHAGE2413 Fairlawn Drive(417) 358-7939 10 ó SPRINGFIELD149 Park Central Square, 2nd Floor(417) 868-3503 11 ó ROLLA1441 Forum Drive(314) 364-1839 12 ó FARMINGTON202 E. Columbia(314) 756-4566 13 ó WEST PLAINS1530 Imperial Center(417) 256-6178 14 ó SIKESTON901 Davis Boulevard(314) 472-2244 16 ó UNION80 North Oak Street(314) 583-8933 17 ó ST. CHARLESNorth 12 Westbury Square(314) 723-1550 18 ó MACON1210 North Rutherford(816) 385-5731 20 ó CAMDENTON#3 Camden Court(314) 346-2878 21 ó BRANSONCity Hall, Business Highway 65 South(417) 334-5613 22 ó CAPE GIRARDEAU1923 North Kingshighway(314) 334-0561 23 ó KENNETT1321 St. Francis(314) 888-4900 25 ó POPLAR BLUFF2725 North Westwood Boulevard(314) 785-6468 26 ó FULTON211 Business 54 South(314) 642-1051 **27 ó JEFFERSON CITY1109 Southwest Boulevard, Suite G(314) 751-4949 SMHC ST. LOUIS(St. Maryís Honor Center) 1548 Papin Street(314) 621-1634 KCHC KANSAS CITY(Kansas City Honor Center) 919 Oak Street(816) 842-7663 ** DISTRICT PAROLE OFFICE 1 through 27 close at 4:30 p.m. daily 10CODE OF STATE REGULATIONS 12CODE OF STATE REGULATIONS

APPENDIX 6

VERIFICATION OF FURLOUGH REPORT-IN

HONOR CENTER_________________________________________PAROLE OFFICE DISTRICT #________________________________

Institution granting furlough:____________________________________________________________________________________________ Inmate ________________________________________________, Number ______________________________________________who has been granted a furlough has:

Reported in person to this location __________________________________________, ________________________________________ (date) (time) as required.
Reported in person late to this location on _____________________________________, _______________________________________, (date) (time)
Did not report in person to this location.________________________________________________________________________ Sending institution advised telephonically by ___________________________________________, _______________________________________ (staff person) (time) ____________________________________ (date).

INMATE SIGNATURE ______________________________DATE:

STAFF SIGNATURE _________________________________DATE:

TELEPHONE

VERIFICATION OF

INMATEíS PRESENCEATTHEAPPROVEDDESTRINATION COPIES:

OriginalóFurloughing Institution CopyóDirector, Div. of Adult Institutions CopyóChairman, Board of Probation & Parole Date CallTime Call PlacedPlacedPerson ContactedStaff Signature

History

authority to extend the limits of the place of confinement of any inmate in accordance with section 217.425, RSMo (1986).
AUTHORITY: sections 217.175 and 217.425, RSMo 1986. Emergency rule filed Dec. 17, 1984, effective Dec. 27, 1984, expired April 16, 1985. Original rule filed Dec. 18, 1984, effective May 11, 1985. Original authority: 217.175, RSMo 1982 and 217.425, RSMo 1982.

Division 80 State Board of Probation and Parole

Chapter 1 Organization and Description

14 CSR 80-1.010 General Organization {#sec-14-csr-80-1.010 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-1.010}

PURPOSE: This regulation complies with

section 536.023, RSMo which requires each agency to adopt as a rule a description of its operation and the methods where the public may obtain information or make submissions or requests.

(1) The State Board of Probation and Parole is a division of the Department of Corrections. The board’s primary duties are to release persons on parole or conditional release from the state adult correctional institutions; to supervise these persons; when necessary, to revoke these persons; to provide investigative and supervisory services for the criminal courts of the state; to provide investigative and supervisory services for other states through the Interstate Compact for the Supervision of Parolees and Probationers; and to investigate and make recommendations to the governor in all cases of executive clemency.

(2) Pursuant to the authority granted by section 217.670.5, RSMo, all meetings of the Board of Probation and Parole are closed meetings unless posted as open meetings, and all votes of the board are closed votes.

(3) For information concerning the Board of Probation and Parole the public may write to 3400 Knipp Drive, Jefferson City, MO 65109, or visit the website www.doc.mo.gov.

Amended: Filed Sept. 5, 2007, effective March 30, 2008. Amended: Filed June 20, 2016, effective Dec. 30, 2016. *Original authority: 217.690, RSMo 1982, amended 1986, 1987, 1989, 1992, 1995, 2002, 2005; 217.720, RSMo 1982, amended 1989, 1990, 1994; 217.755, RSMo 1982; and 217.810, RSMo 1982, amended 1984, 1989.

JASONKANDER(11/30/16)

History

AUTHORITY: section 217.690, RSMo Supp. 2013, and sections 217.720, 217.755, and 217.810, RSMo 2000. This rule was previously filed as 13 CSR 80-1.010. Original rule filed May 13, 1976, effective Nov. 11, 1976.

Chapter 2 Parole Consideration and Conditions Release

14 CSR 80-2.010 Parole Eligibility, Hearings, Reviews and Release Dates {#sec-14-csr-80-2.010 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-2.010}

PURPOSE: This rule sets forth factors regarding parole eligibility, the purpose and procedures for parole hearings, and the possible 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 headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only 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:

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;

Discuss problems and needs;
Discuss progress made, or expected to be made, toward rehabilitation while confined;
Present reasons why they think they should be paroled;
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;

Offer an opinion about the offender’s (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;

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;
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.

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.

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.
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.

The victim or person representing the victim who attends a hearing may be accompanied by one (1) other person.
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.
The victim or person representing the victim may call or write the parole board rather than attend the hearing.
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.
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.

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.
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.

Parole will apply to the sentence the offender is currently serving and consecutive paroles will be granted to apply to consecutive sentences.
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.
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.
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.

rule was previously filed as 13 CSR 80-2.010.

Original rule filed Feb. 5, 1968, effective Feb. 15, 1968. Amended: Filed Aug. 2, 1971, effective Aug. 12, 1971. Emergency amendment filed Dec. 20, 1976, effective Dec. 30, 1976, expired April 28, 1977. Amended:

Filed Dec. 20, 1976, effective April 11, 1977.

Amended: Filed Nov. 13, 1979, effective March 13, 1980. Emergency amendment filed May 13, 1982, effective July 1, 1982, expired 4CODE OF STATE REGULATIONS (1/29/17) JOHNR. ASHCROFT Oct. 29, 1982. Amended: Filed May 13, 1982, effective Aug. 12, 1982. Emergency amendment filed Nov. 12, 1982, effective Nov. 22, 1982, expired Feb. 20, 1983.

Amended: Filed Nov. 12, 1982, effective Feb. 11, 1983. Amended: Filed Feb. 9, 1983, effective June 11, 1983. Emergency amendment filed Oct. 3, 1984, effective Oct. 13, 1984, expired Feb. 10, 1985. Amended: Filed Oct. 3, 1984, effective Jan. 12, 1985. Emergency amendment filed Sept. 16, 1985, effective Sept. 26, 1985, expired Jan. 20, 1986.

Amended: Filed Sept. 16, 1985, effective Jan. 13, 1986. Emergency amendment filed Oct. 11, 1985, effective Oct. 21, 1985, expired Feb. 18, 1986. Amended: Filed July 15, 1988, effective Nov. 1, 1988. Amended: Filed March 21, 1989, effective July 27, 1989.

Emergency amendment filed Feb. 15, 1991, effective March 1, 1991, expired June 28, 1991. Amended: Filed Feb. 15, 1991, effective Aug. 30, 1991. Emergency amendment filed Oct. 29, 1991, effective Nov. 28, 1991, expired March 26, 1992. Amended: Filed Oct. 29, 1991, effective April 9, 1992. Emergency amendment filed Nov. 26, 1991, effective Dec. 6, 1991, expired April 4, 1992.

Amended: Filed Nov. 26, 1991, effective April 9, 1992. Emergency amendment filed Feb. 10, 1992, effective March 26, 1992, expired May 15, 1992. Emergency amendment filed Feb. 19, 1992, effective Feb. 29, 1992, expired June 27, 1992. Emergency amendment filed May 12, 1992, effective June 26, 1992, expired July 31, 1992. Amended: Filed Feb. 19, 1992, effective Aug. 6, 1992. Rescinded and readopted: Filed Sept. 5, 2007, effective March 30, 2008. Amended: Filed Sept. 1, 2016, effective Feb. 28, 2017. *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, 2009, 2016.

History

AUTHORITY: sections 217.040, 217.250, 217.690, and 595.209, RSMo 2016. This

14 CSR 80-2.020 Parole Policy Guidelines {#sec-14-csr-80-2.020 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-2.020}

PURPOSE: This rule establishes a uniform parole policy in order to promote consistent exercise of discretion and equitable decisionmaking without removing individual case consideration.

This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction.

This note applies only to the reference material. The entire text of the rule is printed here.

(1) Parole guidelines indicate the customary range of time to be served before release for various combinations of offense seriousness and offender characteristics and sentence length. Mitigating or aggravating circumstances may warrant decisions outside the guidelines.

(2) An evaluation sheet containing a salient factor score serves as an aid in determining (3) The board shall review the guidelines, including the salient factor score, periodically and may revise or modify them at any time as deemed appropriate.

(4) Guidelines shall not apply under the following circumstances. The board, in its discretion, shall consider these on a case-bycase basis.

(A) Offenders serving sentences of more than thirty (30) years or under two (2) years.

(B) To any new consecutive sentence received as the result of a parole violation.

(C) To any portion of a sentence remaining after revocation of parole or conditional (D) Sentences for crimes that occurred while on inmate status.

(5) The guideline matrices, salient factor score, and offense classification may be found in the Procedures Governing the Granting of Paroles and Conditional Releases— Appendices A–S (published September 2016 and effective January 2017). This material is hereby incorporated by reference and made

part of this rule as published by the Board of Probation and Parole, 3400 Knipp Dr, Jefferson City, MO 65109. This rule does not incorporate any subsequent amendments or additions.

Amended: Filed Dec. 20, 1976, effective April 11, 1977. Emergency amendment filed May 13, 1982, effective July 1, 1982, expired Oct. 29, 1982. Amended: Filed May 13, 1982, effective Aug. 12, 1982. Emergency amendment filed Oct. 3, 1984, effective Oct. 13, 1984, expired Feb. 10, 1985. Amended:

Filed Oct. 3, 1984, effective Jan. 12, 1985.

Emergency amendment filed Sept. 16, 1985, effective Sept. 26, 1985, expired Jan. 20, 1986. Amended: Filed Sept. 16, 1985, effective Jan. 13, 1986. Amended: Filed July 15, 1988, effective Nov. 1, 1988. Emergency amendment filed Oct. 29, 1991, effective Nov. 28, 1991, expired March 26, 1992. Amended:

Filed Oct. 29, 1991, effective April 9, 1992.

Emergency amendment filed Feb. 10, 1992, effective March 26, 1992, expired May 15, 1992. Rescinded and readopted: Filed Sept. 5, 2007, effective March 30, 2008. Amended:

Filed Sept. 1, 2016, effective Feb. 28, 2017. *Original authority: 217.690, RSMo 1982, amended 1986, 1987, 1989, 1992, 1995, 2002, 2005.

History

AUTHORITY: section 217.690, RSMo 2016. This rule was previously filed as 13 CSR 80- 2.020. Original rule filed on Nov. 15, 1968, effective Nov. 25, 1968. Amended: Filed Aug. 2, 1971, effective Aug. 12, 1971. Emergency amendment filed Dec. 20, 1976, effective Dec. 30, 1976, expired April 28, 1977.

14 CSR 80-2.030 Term of Supervision {#sec-14-csr-80-2.030 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-2.030}

PURPOSE: This rule indicates that there are conditions of supervision and restrictions on the length of time to be served on parole.

(1) Any offender released on parole or conditional release from the Missouri Department of Corrections prior to completion of the maximum sentence will be subject to supervision. Time served under supervision counts as time served on the sentence.

(A) Offenders who abscond from parole or conditional release supervision may not be given credit for time served while an absconder.

(B) Offenders who violate parole or conditional release and receive a new sentence to a correctional institution outside the Missouri Department of Corrections may not receive credit on their sentence for the time served under the new conviction.

(2) An offender who exhibits positive behavior under supervision and whose sentence expiration date is three and one-half (3.5) years or more after parole or conditional release may be eligible for discharge at the end of three (3) years under supervision provided that the board is satisfied that final release is not incompatible with public safety. An offender who is serving a sentence for a dangerous felony or sex offense will not be considered for final discharge until having served five (5) years under supervision except where the sentence expires earlier. Discharge from supervision is not automatic. The board will review the offender’s criminal record, circumstances of the present offense, community adjustment, and other stability factors before making a final order.

Filed Aug. 2, 1971, effective Aug. 12, 1971.

Amended: Filed Nov. 13, 1979, effective March 13, 1980. Emergency amendment filed Feb. 9, 1981, effective Feb. 19, 1981, expired June 18, 1981. Amended: Filed Feb. 9, 1981, effective May 11, 1981. Emergency amendment filed May 13, 1982, effective July 1, 1982, expired Oct. 29, 1982. Amended: Filed May 13, 1982, effective Aug. 12, 1982.

Emergency amendment filed Oct. 3, 1984, effective Oct. 13, 1984, expired Feb. 10, 1985. Amended: Filed Oct. 3, 1984, effective Jan. 12, 1985. Emergency amendment filed Sept. 16, 1985, effective Sept. 26, 1985, expired Jan. 20, 1986. Amended: Filed Sept. 16, 1985, effective Jan. 13, 1986. Amended:

Filed July 15, 1988, effective Nov. 1, 1988.

Emergency amendment filed Oct. 29, 1991, effective Nov. 28, 1991, expired March 26, 1991. Amended: Filed Oct. 29, 1991, effective April 9, 1992. Emergency amendment filed Feb. 10, 1992, effective March 26, 1992, expired May 15, 1992. Rescinded and readopted: Filed Sept. 5, 2007, effective March 30, 2008. *Original authority: 217.720, RSMo 1982, amended 1989, 1990, 1994; 217.690, RSMo 1982, amended 1986, 1987, 1989, 1992, 1995, 2002, 2005; and 217.730, RSMo 1982, amended 1989, 1997, 2003.

History

AUTHORITY: section 217.720, RSMo 2000 and sections 217.690 and 217.730, RSMo Supp. 2007. This rule was previously filed as 13 CSR 80-2.030. Original rule filed Feb. 5, 1968, effective Feb. 15, 1968. Amended:

14 CSR 80-2.040 Conditional Release {#sec-14-csr-80-2.040 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-2.040}

(Rescinded March 30, 2008)

History

AUTHORITY: section 558.011.4(2), RSMo Supp. 1990. This rule was previously filed as

13 CSR 80-2.040. Original rule filed Nov. 13, 1979, effective March 13, 1980. Emergency amendment filed May 13, 1982, effective July 1, 1982, expired Nov. 28, 1982. {#sec-13-csr-80-2.040. omnilex-key=us-mo-regs-official--title-14--13 CSR 80-2.040.}

Amended: Filed May 13, 1982, effective Aug. 12, 1982. Emergency amendment filed Oct. 3, 1984, effective Oct. 13, 1984, expired Feb. 10, 1985. Amended: Filed Oct. 3, 1984, effective Jan. 12, 1985. Emergency amendment filed Sept. 16, 1985, effective Sept. 26, 1985, expired Jan. 20, 1986. Amended:

Filed Sept. 16, 1985, effective Jan. 13, 1986.

Amended: Filed July 15, 1988, effective Nov. 1, 1988. Emergency amendment filed Oct. 29, 1991, effective Nov. 28, 1991, expired March 26, 1992. Amended: Filed Oct. 29, 1991, effective April 9, 1992. Emergency amendment filed Feb. 10, 1992, effective March 26, 1992, expired May 15, 1992.

Rescinded: Filed Sept. 5, 2007, effective March 30, 2008.

14 CSR 80-2.050 Administrative Parole {#sec-14-csr-80-2.050 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-2.050}

(Rescinded March 30, 2008)

Emergency rule filed Dec. 13, 1982, effective Dec. 23, 1982, expired April 22, 1983. Original rule filed Dec. 29, 1982, effective May 12, 1983. Emergency amendment filed Jan. 4, 1984, effective Jan. 14, 1984, expired April 30, 1984. Amended:

Filed Jan. 4, 1984, effective April 12, 1984.

Filed July 15, 1988, effective Nov. 1, 1988.

Emergency amendment filed Oct. 29, 1991, effective Nov. 28, 1991, expired March 26, 1992. Amended: Filed Oct. 29, 1991, effective April 9, 1992. Emergency amendment filed Feb. 10, 1992, effective March 26, 1992, expired May 15, 1992. Rescinded: Filed Sept. 5, 2007, effective March 30, 2008.

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History

AUTHORITY: section 217.690, RSMo Supp.

Chapter 3 Conditions of Probation and Parole

14 CSR 80-3.010 Conditions of Probation and Parole {#sec-14-csr-80-3.010 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-3.010}

PURPOSE: There must be certain conditions to be followed by those placed on parole by the Board of Probation and Parole or those placed on probation by a criminal court of the state. The conditions are set out with an explanation of exactly what each condition means.

PUBLISHER’S NOTE: The division has determined that the publication of the entire text of material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material.

The entire text of the rule is printed here.

(1) The first condition reads, “LAWS: I will obey all the federal and state laws, municipal and county ordinances. I will report all arrests to my probation and parole officer within forty-eight (48) hours.”

(2) The second condition reads, “TRAVEL: I will obtain advance permission from my probation and parole officer before leaving the state or the area in which I am living.”

(3) The third condition reads, “RESIDEN- CY: I will obtain advance permission from my probation and parole officer before making any change in residency.”

(4) The fourth condition reads, “EMPLOY- MENT: I will maintain employment unless engaged in a specific program approved by my probation and parole officer. I will obtain advance permission from my probation and parole officer before quitting my job or program. In the event I lose my job or am terminated from a program, I will notify my probation and parole officer within fortyeight (48) hours.”

(5) The fifth condition reads, “ASSOCIA- TION: I will obtain advance permission from my probation and parole officer before I associate with any person convicted of a felony or misdemeanor, or with anyone currently under the supervision of the Board of Probation and Parole. It is my responsibility to know with whom I am associating.”

(6) The sixth condition reads, “DRUGS: I will not have in my possession or use any controlled substance except as prescribed for me by a licensed medical practitioner.”

(7) The seventh condition reads, “WEAPONS:

I will not own, possess, purchase, receive, sell, or transport any firearms, ammunition, or explosive device, or any dangerous weapon if I am on probation or parole for a felony charge or a misdemeanor involving firearms or explosives, or if it is in violation or federal, state, or municipal laws or ordinances.”

(8) The eighth condition reads, “REPORT- ING/DIRECTIVES: I will report as directed to my probation and parole officer. I will abide by any directives given me by my probation and parole officer.”

(9) The ninth condition reads, “SUPERVI- SION STRATEGY: I will enter and successfully complete any supervision strategy and abide by all rules and program requirements, as directed by the court, board, or my supervising probation and parole officer.”

(10) The tenth condition reads, “INTER- VENTION FEE: I shall pay a monthly intervention fee in an amount set by Missouri Department of Corrections pursuant to section 217.690, RSMo. This payment shall be due and payable on the first day of the first month following placement on probation, or acceptance of an interstate case in the state of Missouri or on the first day of the fourth month following parole or conditional release.”

(11) The eleventh condition reads, “SPE- CIAL CONDITIONS: Both the Board of Probation and Parole and the court that has placed you on probation, parole, or conditional release have the authority to determine special conditions of your supervision period.”

(12) The central office of the Missouri Board of Probation and Parole (where the board members can be found) is located at 3400 Knipp Drive, Jefferson City, Missouri, 65109.

(13) The Rules and Regulations Governing the Conditions of Probation, Parole, and Conditional Release, revised December 2009, is hereby incorporated by reference in this rule as published by the Board of Probation and Parole and is available at 3400 Knipp Drive, Jefferson City, Missouri, 65109. This

rule does not incorporate any subsequent amendments or additions.

rule was previously filed as 13 CSR 80-3.010.

Original rule filed Feb. 5, 1968, effective Feb. 15, 1968. Amended: Filed Feb. 15, 1968, effective Feb. 25, 1968. Amended: Filed Sept. 4, 1968, effective Sept. 14, 1968. Amended:

Filed Nov. 12, 1971, effective Nov. 22, 1971.

Emergency amendment filed Aug. 12, 1977, effective Aug. 22, 1977, expired Dec. 10, 1977. Amended: Filed Aug. 12, 1977, effective Dec. 11, 1977. Amended: Filed May 13, 1982, effective Aug. 12, 1982. Amended:

Filed Dec. 30, 1983, effective April 12, 1984.

Amended: Filed Oct. 19, 2011, effective May 30, 2012. *Original authority: 217.690, RSMo 1982, amended 1986, 1987, 1989, 1992, 1995, 2002, 2005 and 217.755, RSMo 1982.

Douglas v. Buder, 412 U.S. 430, 93 S.Ct. 2199, 37 L.Ed.2d 52 (1973). Issuance of a traffic citation is not an “arrest” under either Missouri or Arkansas law for which failure to report cannot be grounds for revocation or probation without violating due process.

Op. Atty. Gen. No. 80, Vermillion, 5-2-74.

Board may properly refuse to allow its clients and those sent to Missouri under the Interstate Compact for Supervision of Parolees and Probationers to live in meretricious relationships during the term of their probation or parole.

History

AUTHORITY: section 217.755, RSMo 2000, and section 217.690, RSMo Supp. 2011. This

14 CSR 80-3.020 Conditions of Lifetime Supervision {#sec-14-csr-80-3.020 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-3.020}

PURPOSE: This rule sets forth conditions of monitoring for those placed on lifetime supervision after their terms for a probation, parole, conditional release, or prison sentence have been completed.

(1) The first condition reads, “RESIDENCE:

I will maintain a residence that allows for effective Global Positioning Satellite Monitoring.”

(2) The second condition reads, “GLOBAL POSITIONING SATELLITE MONITOR- ING (GPS): I will ensure that I wear the required GPS device at all times and keep it in a charged and functioning condition.”

Amended: Filed Jan. 25, 2016, effective July 30, 2016. Amended: Filed Oct. 24, 2017, effective May 30, 2018. *Original authority: 217.735, RSMo 2005, amended 2006, 2014; 217.755, RSMo 1982; and 559.106, RSMo 2005, amended 2006, 2014.

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History

AUTHORITY: sections 217.735, 217.755, and 559.106, RSMo 2016. Original rule filed Oct. 19, 2011, effective May 30, 2012.

Chapter 4 Rights of Alleged Probation, Parole, or Conditional Release Violator

14 CSR 80-4.010 Arrest and Detention of an Alleged Violator {#sec-14-csr-80-4.010 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-4.010}

PURPOSE: There is statutory authority governing the arrest and detention of persons who have allegedly violated the conditions of parole, and this rule complies with this statute.

(1) An alleged probation, parole, or conditional release violator may be arrested by any probation and parole officer, or anyone s/he may deputize to do so, when in the judgment of the officer the probationer, parolee, or conditional releasee has violated the conditions of probation, parole, or conditional release. A statement in writing is given to the arresting officer. A written copy of the alleged violations is furnished to the detaining authority.

(2) After arrest and detention, the probationer, parolee, or conditional releasee is given a copy of the warrant setting out the alleged violations.

Amended: Filed July 1, 1970, effective July 11, 1970. Amended: Filed March 15, 1974, effective March 25, 1974. Emergency amendment filed Aug. 6, 1979, effective Aug. 16, 1979, expired Nov. 11, 1979. Amended: Filed Aug. 6, 1979, effective Dec. 13, 1979.

Amended: Filed July 15, 1988, effective Nov. 1, 1988. Amended: Filed Dec. 22, 2011, effective June 30, 2012. 1994; and 217.722, RSMo 1989, amended 1990, 1995.

History

AUTHORITY: sections 217.040, 217.720, and 217.722, RSMo 2000. This rule was previously filed as 13 CSR 80-4.010. Original rule filed Feb. 5, 1968, effective Feb. 15, 1968.

14 CSR 80-4.020 Preliminary Hearing {#sec-14-csr-80-4.020 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-4.020}

PURPOSE: An alleged supervised released violator is entitled to a preliminary hearing under the provisions of a United States Supreme Court decision, Morrisey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972).

(1) Every alleged violator has the right to an informal hearing to determine if there is probable cause a violation of supervised release has occurred.

(2) The alleged violator may indicate his/her desire for a hearing, or his/her waiver of a hearing, by so indicating on a form entitled, Request for Waiver of Preliminary Hearing, which will be furnished to him/her by his/her parole officer.

(3) There are certain conditions to be met in the conducting of a preliminary hearing.

(A) The preliminary hearing will be held as promptly as is convenient after the arrest.

(B) The preliminary hearing will be held reasonably near the place of the alleged violation or arrest. The officer will notify the alleged violator of the date, time, and location of the hearing and will designate the officer who will conduct the hearing. The charges brought against him/her will also be furnished to him/her. In no instance will the officer conducting the hearing be the alleged violator’s supervising officer or that officer’s immediate supervisor.

(C) The hearing officer will be in charge of the hearing and only the alleged violator and the hearing officer will be present, unless the hearing officer feels a security officer should be in attendance. Only one (1) witness will be allowed in the hearing room at a time. The hearing officer will initiate all questioning of witnesses and may terminate any questioning if the testimony becomes irrelevant, repetitious, or excessive.

The alleged violator may present his/her own testimony and present any documents or other evidence or mitigating circumstances which may explain the violation.
The alleged violator may present his/her own witnesses who can give relevant information concerning the violator. The witnesses cannot just be character witnesses. It will be the responsibility of the alleged violator to produce his/her own witnesses, and if s/he is in custody, the officials in charge of the detaining facility will allow him/her to make contacts as may be necessary. The hearing officer does not have subpoena power, and there are no funds available to issue the appearance of any witness nor to pay any other expenses incurred by the alleged violator in preparation for or resulting from the preliminary hearing.
The alleged violator may confront or cross-examine any adverse witnesses unless the hearing officer determines that the witnesses may be subject to risk of harm if their identity is disclosed.
The alleged violator will not be allowed to have an attorney present, as this is an informal review to establish probable cause. The only exception shall be if the hearing officer has reason to believe the alleged violator is incapable of understanding the proceedings.
Upon completion of the hearing, the hearing officer will forward a written hearing report to the court or the board for further action. The alleged violator will receive a copy of the report as soon as it can be prepared and delivered.
When the preliminary hearing is being held by the sentencing court, that court may combine the preliminary and revocation hearings. When this occurs, the hearing shall be governed by the rules of that court and the provisions of this administrative rule.
When the probationer is not arrested in the jurisdiction of the sentencing court, the preliminary hearing may be conducted by the judge or associate circuit judge in the county of the alleged violation or arrest having original jurisdiction to try criminal offenses.

When this occurs, the hearing shall be governed by the rules of that court and the provisions of this administrative rule.

Filed Dec. 18, 1991, effective June 25, 1992.

Amended: Filed Dec. 22, 2011, effective June 30, 2012. 1994; and 217.722, RSMo 1989, amended 1990, 1995.

History

AUTHORITY: sections 217.040, 217.720, and 217.722, RSMo 2000. This rule was previously filed as 13 CSR 80-4.020. Original rule filed March 15, 1974, effective March 25, 1974. Emergency amendment filed Aug. 6, 1979, effective Aug. 16, 1979, expired Nov. 11, 1979. Amended: Filed Aug. 6, 1979, effective Dec. 13, 1979. Amended: Filed July 15, 1988, effective Nov. 1, 1988. Emergency amendment filed Dec. 18, 1991, effective Feb. 1, 1992, expired May 30, 1992. Amended:

14 CSR 80-4.030 Revocation Hearing {#sec-14-csr-80-4.030 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-4.030}

PURPOSE: An alleged supervised released violator is entitled to a revocation hearing by the parole board under statutory authorization and under the provisions of a United States Supreme Court decision, Morrisey v.

Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972).

(1) When the board chooses to pursue revocation of probation, parole, or conditional release, the alleged violator has the right to a revocation hearing before the authority that originally granted the probation, parole, or conditional release. The hearing will be held within a reasonable time frame after the alleged violator has been made available to the granting authority either by return to the Department of Corrections for appearance before the parole board or return to the jurisdiction of the court.

(A) An alleged probation, parole, or conditional release violator will be contacted by an institutional or field probation or parole officer and given a “Request for or Waiver of Preliminary Hearing,” included herein, form to sign indicating whether s/he requests a revocation hearing or whether s/he waives a hearing.

(B) Alleged probation violators will appear before the court and make their desires known at that time as to whether they want a revocation hearing.

(C) The alleged violator may present his/her own testimony regarding the alleged violation, and may present any other documents or evidence of mitigating circumstances which may explain the violation.

(D) The alleged violator may present his/her own witnesses who have relevant information concerning this violation. These witnesses are not just to be character witnesses. It will be the alleged violator’s responsibility to produce his/her own witnesses, and s/he will be given an opportunity to make contacts as may be necessary to assure the appearance of any witnesses or to pay any expenses incurred by the alleged violator in preparation for or resulting from the hearing.

(E) The alleged violator may confront and cross-examine any adverse witness unless the board finds good cause for not allowing a confrontation or cross-examination.

(F) The alleged probation, parole, or conditional release violator may have a representative of his/her choice at the revocation hearing. The representative may be a family member, a friend, an employer, or legal counsel.

(G) A statement by the court or the board as to the evidence relied on and reasons for revoking shall be supplied to the probationer, parolee, or conditional releasee.

(2) After the revocation hearing of an alleged probation, parole, or conditional release violator, the board will reach a decision within a reasonable amount of time. The inmate will receive a written notice of the board’s action as soon as the notice can be prepared and delivered. Following is a possible list of decisions the board may make, but does not exhaust the decisions open to the board:

(A) The board may request additional information by means of various types of reports from the supervising parole officer, consulting psychologist or psychiatrist, or any other party or agency that might be able to supply additional information regarding the violation;

(B) The board may schedule the alleged violator for another personal hearing before the board to look more deeply into the violation;

If the remaining time on the sentence from the date of revocation is less than twelve (12) months, it is very likely the board will give a complete denial of further parole consideration.
If the remainder of the sentence to serve after revocation is more than twelve (12) months, the board may schedule a hearing. The hearing will be held within one (1) year for technical violators and absconders.

A violator with a new sentence to the Missouri Department of Corrections will be held in accordance with board policy; and (D) The board may not revoke, but consider the alleged violator for reinstatement on parole or conditional release. The release will occur as soon as a satisfactory plan is approved by the board.

(3) Following are the rules regarding time accredited to a parole or conditional release violator’s sentence:

(A) For those offenders who were arrested for a crime while on parole or conditional release and received a conviction and sentence to be served outside the Department of Corrections, the board shall determine what

part, if any, of the time from the date of arrest until completion of the sentence imposed, is counted as time served under the sentence from which they were paroled or conditionally released;

(B) For those offenders who violate parole or conditional release by absconding, the board shall determine what part, if any, from the date of the board’s official Order of Arrest and Return issuance to his/her return to the Department of Corrections is counted as time served under the original sentence;

(C) Those offenders sentenced to the Department of Corrections under section 195.221, RSMo, for selling, giving, or delivering a controlled substance and were paroled prior to August 13, 1984, are compelled to serve the full amount of their sentences if paroled, plus an additional five (5) years. If they violate this parole, they must serve any time remaining on their sentences from the date of the release on parole;

(D) In case of consecutive sentence, time is accredited as any other case. If one (1) parole is revoked and there are remaining consecutive paroles issued, all are automatically revoked;

(E) Time served on conditional release does count as time served on an inmate’s sentence; and (F) If the board revoked the parole or conditional release, the paroled person shall serve the remainder of his/her prison term and all the conditional release term, as an additional prison term, and the conditionally released person shall serve the remainder of the conditional release term as an additional prison term, unless s/he is sooner released on parole.

(4) If an inmate is revoked as a parole violator or a conditional release violator, s/he is not eligible for conditional release, but can be considered for parole at a later time.

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Original rule filed Feb. 5, 1968, effective Feb. 15, 1968. Amended: Filed July 1, 1970, effective July 11, 1970. Amended: Filed March 15, 1974, effective March 25, 1974.

Emergency amendment filed Aug. 6, 1979, effective Aug. 16, 1979, expired Nov. 11, 1979. Amended: Filed Aug. 6, 1979, effective Dec. 13, 1979. Emergency amendment filed April 3, 1984, effective April 13, 1984, expired Aug. 10, 1984. Amended: Filed April 3, 1984, effective Aug. 11, 1984. Amended:

Filed July 15, 1988, effective Nov. 1, 1988.

Emergency amendment filed Dec. 18, 1991, effective Feb. 1, 1992, expired May 30, 1992.

Amended: Filed Dec. 18, 1991, effective June 25, 1992. Amended: Filed Dec. 22, 2011, effective June 30, 2012. 1994; 217.722, RSMo 1989, amended 1990, 1995; and 558.031, RSMo 1977, amended 1990, 1995.

6CODE OF STATE REGULATIONS

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History

AUTHORITY: sections 217.040, 217.720, 217.722, and 558.031, RSMo 2000, and section 217.690, RSMo Supp. 2011. This rule was previously filed as 13 CSR 80-4.030.

Chapter 5 Intervention Fee

14 CSR 80-5.010 Definitions for Intervention Fee {#sec-14-csr-80-5.010 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-5.010}

PURPOSE: This rule identifies definitions used in this chapter.

(1) For the purpose of 14 CSR 80-5— (A) The term “intervention fee” refers to the monthly fee authorized by section 217.690.3., RSMo, collected from offenders under probation, parole, or conditional release supervision to be deposited into the inmate fund and used to provide community corrections and intervention services for offenders;

(B) The term “sanction” is an approved penalty or action intended to enforce compliance;

(C) The term “waiver” means an offender is temporarily relieved of an obligation to pay all or part of the intervention fee, based on the offender’s confinement, program involvement, or income, as authorized by the supervising officer and the Chief Administrative Officer (CAO)/designee;

(D) “Willful nonpayment” means the offender knowingly refuses to make payment and there is evidence that funds have been available to the offender to make the required payments;

(E) The term “income” refers to gross earnings, unemployment compensation, worker’s compensation, Social Security, Supplemental Security Income, public assistance, veteran’s payments, survivor benefits, pension and retirement income, interest, dividends, rents, royalties, income from estates, trusts, educational assistance, alimony, child support, assistance from outside the household, all household income, and other miscellaneous sources. Non-cash benefits, such as food stamps and housing subsidies, are not considered income;

(F) The term “family member” means any relative, by blood or marriage, who resides in the same household. Non-relatives, such as housemates, are not included; and (G) The term “Dual Case” means an offender has both a court case and a parole board controlled case.

Amended: Filed Oct. 19, 2011, effective May 30, 2012. Amended: Filed Nov. 1, 2013, effective April 30, 2014. Amended: Filed Sept. 28, 2015, effective March 30, 2016. *Original authority: 217.040, RSMo 1982, amended 1989, 1993, 1995; 217.690, RSMo 1982, amended 1986, 1987, 1989, 1992, 1995, 2002, 2005; and 217.755, RSMo 1982.

History

AUTHORITY: sections 217.040 and 217.755, RSMo 2000, and section 217.690, RSMo Supp. 2013. Emergency rule filed Oct. 6, 2005, effective Nov. 1, 2005, expired April 29, 2006. Original rule filed Oct. 6, 2005, effective April 30, 2006. Amended: Filed Aug. 1, 2008, effective Jan. 30, 2009.

14 CSR 80-5.020 Intervention Fee Procedure {#sec-14-csr-80-5.020 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-5.020}

PURPOSE: This rule establishes a process by which a monthly intervention fee is collected from offenders under probation, parole, or conditional release supervision of the Board of Probation and Parole.

(1) The following procedures apply to the collection of an offender intervention fee.

(A) Except as provided in subsections (1)(E), (F), (G), and (H), all offenders placed under probation, parole, or conditional release supervision of the Board of Probation and Parole are required to pay an intervention fee in the amount set by the department not to exceed sixty dollars ($60) per month.

(B) Offenders shall be notified of the intervention fee in the following ways:

Offenders assigned to supervision on or after April 30, 2006, shall sign the revised Order of Probation/Parole which includes the standard condition requiring payment of the intervention fee; or 2. Offenders under supervision before April 30, 2006, should be issued a directive pursuant to Written Directive Condition #8, requiring payment of the intervention fee.

Offenders shall be provided instructions on payment methods and procedures.

Staff shall not accept money in any form from an offender;

The intervention fee shall be due on the first day of the first full month following placement under board supervision on probation, parole, or conditional release. Initial Parole or Conditional Releases are exempt for the first ninety (90) days. The fee shall be due thereafter on the first working day of each month until supervision is terminated;
Payments shall be deemed delinquent after the fifteenth day of the month, including the final month of supervision;
Payment vouchers, and payment instructions will be provided to the offender; and 5. Payment instructions to the offender will indicate the following:

A. Payments must be submitted directly to the designated collection authority.

Probation and parole staff will not accept payments;

B. Only money orders, cashier’s checks, or payment via an approved electronic payment service will be accepted. Personal checks and cash will not be accepted; and C. The completed payment voucher shall accompany the payment.

(D) Should an offender be declared an absconder, intervention fees will continue to accrue until such time as the case is closed.

If the case is active on or after the first day of the month in which the case is suspended and closed, the fee will be assessed for that month.

(E) Offenders will be exempt from paying intervention fees under the following circumstances:

Offenders released to parole or conditional release are exempt for the first ninety (90) days. At the ninety- (90-) day mark, the case will be reviewed. Should the offender not meet the criteria for a waiver, intervention fees will be assessed beginning with the first day of the month following the determination that an exemption or waiver is no longer approved. If the offender has a dual case, then exemptions still apply and monthly intervention fees do not accrue for ninety (90) days following release.
Specialty courts designated by the department, to include deferred prosecution cases are exempted from paying the intervention fee.

(F) If the case is an interstate transfer, once the offender departs Missouri and is accepted by the receiving state collection of intervention fees will be terminated.

(G) If an offender on probation, parole, or conditional release is subsequently confined in a jail or correctional facility for ninety (90) days or longer, the fee is suspended effective the thirty-first day of confinement. Fees shall resume on the first day of the month following release.

(H) If an offender is unable to pay because of having insufficient income, fees may be waived in whole or in part. In these cases, the following steps shall be taken:

Offenders, whose total verified income is at or below the insufficient income criteria, may be considered for a waiver.

Unemployed offenders capable of being gainfully employed are not eligible for a waiver.

An offender’s income is considered insufficient if it is at or below the most recent Federal Poverty Guidelines issued by the U.S.

Department of Health and Human Services.

Income from all family members in the household is used to calculate whether the waiver is appropriate. If a person lives with his or her family, the combined income of all family members will be used (non-relatives, such as housemates, do not count). For a waiver to be considered, the offender must provide appropriate records to document household income;

Once the officer verifies the offender meets one (1) of the waiver criteria above, the officer will complete the Request for Waiver of Intervention Fees and submit it to the district administrator for approval;
If approved, waivers are valid for a maximum of ninety (90) days. The district administrator shall make the waiver entry into the computer system. If the officer determines the waiver should be renewed beyond that point, a new Request for Waiver of Intervention Fees must be submitted for approval.

However, at any point the officer determines that the offender is again capable of paying monthly intervention fees, supervisory approval is not necessary to rescind the waiver.

(I) The following process for sanctions regarding nonpayment shall be applied:

The primary collection activity shall be the responsibility of Offender Financial Services;
Upon receiving notification from Offender Financial Services that an offender has failed to submit the intervention fee, the supervising officer will remind the offender of the payment obligation, during their next contact;
The supervising officer should direct the offender to specific programs or services that will assist him/her in addressing their inability to pay (i.e., financial management program, employment counseling and/or job seeking classes, substance abuse counseling, mental health counseling, etc.);
When willful nonpayment occurs over a period of ninety (90) consecutive days, the supervising officer shall submit notice of citation or violation report;
Sanctions for willful nonpayment of intervention fees include, but are not limited to, the following:

A. Written reprimand from district administrator or parole board;

B. Travel restriction;

C. Community service;

D. Increased level of supervision; and E. Shock Detention;

Unpaid intervention fees owed by offenders committed to the Division of Adult Institutions (DAI) will be collected from the inmate’s account;
All intervention fees collected by the department will be deposited in the inmate fund established in section 217.430, RSMo, with expenditures occurring as authorized through the state budget appropriation process; and 8. Offender Financial Services will send eligible debt, at least annually, to the Department of Revenue for income tax interception.

Amended: Filed Aug. 1, 2008, effective Jan. 30, 2009. Amended: Filed Oct. 19, 2011, effective May 30, 2012. Amended: Filed Nov. 1, 2013, effective April 30, 2014. Amended:

Filed Sept. 28, 2015, effective March 30, 2016. *Original authority: 217.040, RSMo 1982, amended 1989, 1993, 1995; 217.690, RSMo 1982, amended 1986, 1987, 1989, 1992, 1995, 2002, 2005; and 217.755, RSMo 1982.

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History

AUTHORITY: sections 217.040 and 217.755, RSMo 2000, and section 217.690, RSMo Supp. 2013. Emergency rule filed Oct. 6, 2005, effective Nov. 1, 2005, expired April 29, 2006. Original rule filed Oct. 6, 2005, effective April 30, 2006. Amended: Filed Aug. 7, 2006, effective Feb. 28, 2007.

Chapter 6 Batterer Intervention Program

14 CSR 80-6.010 Definitions for Batterer Intervention Program Credentialing {#sec-14-csr-80-6.010 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-6.010}

PURPOSE: This rule identifies definitions used in this chapter.

(1) For the purpose of 14 CSR 80-6— (A) The term “batterer” refers to someone who has engaged in violent or coercive behaviors against someone with whom he or she is in an intimate relationship;

(B) The term “batterer intervention program” refers to a program that meets minimum credentialing standards for the treatment of batterers;

(C) The terms “domestic violence” or “domestic battery” refer to violent or coercive behaviors, both criminal and noncriminal, committed by a person against someone with whom he or she is in an intimate relationship;

(D) The term “victim” refers to a person that is currently, or has been, subject to domestic violence;

(E) The term “provider” refers to an entity that provides domestic violence programming for a fee for service in the community;

(F) The term “staff” refers to an employee of a provider who has completed the appropriate educational requirements to deliver domestic violence programming and has met the required education and certification criteria to provide the services; and (G) The term “program” refers to the curriculum delivered by a domestic violence provider in the community as outlined by the credentialing process to be a recognized as a domestic violence provider.

History

AUTHORITY: section 455.549, RSMo Supp. 2014. Original rule filed Nov. 3, 2014, effective April 30, 2015. Original authority: 455.549, RSMo 2011.

14 CSR 80-6.020 Batterer Intervention Program Credentialing {#sec-14-csr-80-6.020 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-6.020}

PURPOSE: This rule establishes a process by which the Division of Probation and Parole within the Department of Corrections will establish a credentialing process for any court appointed batterer intervention program.

(1) The following procedures will apply to the credentialing of court appointed batterer intervention programs:

(A) Initial Application Process— 1. The applying provider must submit a completed application included herein;

The Probation and Parole Chief State Supervisor or designee will send a letter to the provider advising of the outcome of the application within ninety (90) days of receipt of the application;
If denied, the letter will state specific reasons for the denial. The provider may reapply one (1) year from the date of their final denial; and 4. If approved, the Probation and Parole Chief State Supervisor or designee will notify the staff responsible for credentialing, probation and parole staff, municipal/county/state courts, and private probation agencies; and (B) Batterer Intervention Program (BIP)

Program Dynamics Criteria— 1. The Batterer Intervention Program requirements are contained within the Division of Probation and Parole Batterer’s Intervention Credentialing Application and Program Guide;

The service provider must establish fees for services. Fees may be a set amount or based on a sliding scale; and 3. Group should never include mixed genders. Separate groups must be established for male and female clients and curriculum needs to be updated accordingly. Where a client identifies as transgender, group assignment shall consider the following: a) the client’s gender self identification; and b) assessment of the effects of placement on the client’s health and safety and that of other clients.

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History

AUTHORITY: section 455.549, RSMo Supp. 2014. Original rule filed Nov. 3, 2014, effective April 30, 2015. Original authority: 455.549, RSMo 2011.

14 CSR — Department of Corrections

Division 10 Director

Chapter 5 Offender Management

14 CSR 10-5.010 Time Credit {#sec-14-csr-10-5.010 omnilex-key=us-mo-regs-official--title-14--14 CSR 10-5.010}

14 CSR 10-5.020 Private Sector/Prison Industry Certification Program {#sec-14-csr-10-5.020 omnilex-key=us-mo-regs-official--title-14--14 CSR 10-5.020}

Division 20 Division of Adult Institutions

Chapter 1 Organization

14 CSR 20-1.010 Organization {#sec-14-csr-20-1.010 omnilex-key=us-mo-regs-official--title-14--14 CSR 20-1.010}

Chapter 28 Community Services

14 CSR 20-28.010 Temporary Release {#sec-14-csr-20-28.010 omnilex-key=us-mo-regs-official--title-14--14 CSR 20-28.010}

Division 80 State Board of Probation and Parole

Chapter 1 Organization and Description

14 CSR 80-1.010 General Organization {#sec-14-csr-80-1.010 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-1.010}

Chapter 2 Parole Consideration and Conditions Release

14 CSR 80-2.010 Parole Eligibility, Hearings, Reviews and Release Dates {#sec-14-csr-80-2.010 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-2.010}

14 CSR 80-2.020 Parole Policy Guidelines {#sec-14-csr-80-2.020 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-2.020}

14 CSR 80-2.030 Term of Supervision {#sec-14-csr-80-2.030 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-2.030}

14 CSR 80-2.040 Conditional Release {#sec-14-csr-80-2.040 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-2.040}

13 CSR 80-2.040. Original rule filed Nov. 13, 1979, effective March 13, 1980. Emergency amendment filed May 13, 1982, effective July 1, 1982, expired Nov. 28, 1982. {#sec-13-csr-80-2.040. omnilex-key=us-mo-regs-official--title-14--13 CSR 80-2.040.}

14 CSR 80-2.050 Administrative Parole {#sec-14-csr-80-2.050 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-2.050}

Chapter 3 Conditions of Probation and Parole

14 CSR 80-3.010 Conditions of Probation and Parole {#sec-14-csr-80-3.010 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-3.010}

14 CSR 80-3.020 Conditions of Lifetime Supervision {#sec-14-csr-80-3.020 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-3.020}

Chapter 4 Rights of Alleged Probation, Parole, or Conditional Release Violator

14 CSR 80-4.010 Arrest and Detention of an Alleged Violator {#sec-14-csr-80-4.010 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-4.010}

14 CSR 80-4.020 Preliminary Hearing {#sec-14-csr-80-4.020 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-4.020}

14 CSR 80-4.030 Revocation Hearing {#sec-14-csr-80-4.030 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-4.030}

Chapter 5 Intervention Fee

14 CSR 80-5.010 Definitions for Intervention Fee {#sec-14-csr-80-5.010 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-5.010}

14 CSR 80-5.020 Intervention Fee Procedure {#sec-14-csr-80-5.020 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-5.020}

Chapter 6 Batterer Intervention Program

14 CSR 80-6.010 Definitions for Batterer Intervention Program Credentialing {#sec-14-csr-80-6.010 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-6.010}

14 CSR 80-6.020 Batterer Intervention Program Credentialing {#sec-14-csr-80-6.020 omnilex-key=us-mo-regs-official--title-14--14 CSR 80-6.020}

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