HB 2637

Published by the Missouri House as the official summary of the version that passed (source PDF). Reproduced here in full, unedited.

CCS SS SCS HCS HBs 2637 & 3155 -- PUBLIC SAFETY

PROSECUTING ATTORNEYS (Sections 27.117 and 56.265)

This bill authorizes prosecuting or circuit attorneys to request assistance from the the Attorney General to prosecute individuals for violations of harassment in the first degree, harassment in the second degree, stalking in the first degree, stalking in the second degree, cyberharassment, cyberstalking, disclosure of an intimate digital depiction, or sadistic online exploitation, if the violation occurred in more than one jurisdiction in the State.

Currently, the salary schedule for county prosecuting attorneys excludes charter counties. The bill includes prosecuting attorneys in chartered counties. The bill repeals the existing salary schedule for prosecutors in different classes of counties and replaces it with a flat percentage for prosecutors in the different class counties. For prosecutors of first or second class counties or of the City of St. Louis, the salary will be equal to 100% of the compensation of a circuit judge; for prosecutors in third or fourth class counties, compensation will be equal to 100% of the compensation of an associate circuit judge or, upon approval by a majority of the county commission, the prosecuting attorney will receive compensation equal to 95% of the compensation of a circuit judge. Upon approval by a majority of the county commission, a part-time prosecuting attorney will receive compensation equal to between 30% and 60% of the compensation of an associate circuit judge. The bill allows a county with a vacancy in the office of prosecuting attorney for more than 60 days to consolidate with one contiguous county with a sitting prosecuting attorney upon a unanimous vote of the county commissions of the relevant counties to establish a cooperative regional prosecuting attorney’s office at any time. The prosecuting attorney of the contiguous county will then become the prosecuting attorney of that region for the remainder of that attorney’s term in office or until the Governor appoints a prosecutor to fill the vacant position. Regional prosecuting attorneys will be designated full-time prosecuting attorneys and will be compensated as provided in this Section. No two counties that each have a sitting prosecuting attorney will be allowed to consolidate. The bill creates the “Missouri State Prosecutorial Services Grant Fund” and moneys in the Fund will be used for prosecutor salaries and will be allocated to counties of the third and fourth classification on the basis of need in order for the counties to be in compliance with the provisions of this Section.

FINGERPRINTING OF JUVENILES (Section 43.503)

Currently, an arresting officer is required to take fingerprints to be sent to the central repository if an individual under 17 years of age, who is not currently certified as an adult, is taken into custody for an offense that would be a felony if committed by an adult.

This bill requires that an officer take fingerprints from an individual under 18 years of age for an offense that would be one of the following if committed by an adult:

(1) A class A or B felony;

(2) A felony sexual offense; or

(3) Two felony offenses arising from distinct acts committed within one year of each other.

This bill also repeals a provision that requires fingerprint cards to be made in a manner that does not reveal the juvenile's name to the central repository. Records of a juvenile who has been fingerprinted must be closed records.

SHERIFF OF ST. LOUIS (Section 57.540)

Currently, compensation for the attorney for the sheriff of the City of St. Louis must be not less than $3,000 and not more than $15,000 per year. This bill provides that the sheriff will set the rate of compensation for the attorney, and the attorney will be employed at the pleasure of the sheriff.

JUVENILE DETENTION (Section 211.021, 211.331, 211.341, 211.342, & 211.436)

The bill defines "juvenile detention facility" and specifies that such facilities do not include a jail or other adult detention facility unless the juvenile is 18 years of age or older or unless the juvenile detention facility is operated, administered, and staffed separately and independently of a jail or other adult detention facility and used exclusively for the lawful custody and treatment of juveniles. A juvenile detention facility may be located in the same building or on the same grounds as a jail or other adult detention facility if there is specified separation between the facilities, programs, and staff for adults and juveniles. The facility can be owned or operated by public or private agencies.

Currently, circuit judges of a judicial circuit can establish a place of juvenile detention for the counties within the circuit court. This bill allows, in the alternative, the governing body of a county to provide for juvenile detention in coordination with all other counties within the same circuit court or with all counties of the same circuit court and all counties of an adjoining circuit court. The county governing body must approve an ordinance, order, or resolution authorizing a place of detention, must approve an agreement between the counties, as specified in this bill, and must notify the presiding circuit judge.

The operation and support of a juvenile detention facility authorized pursuant to this bill must be regulated in accordance with the rules and standards of the Supreme Court of Missouri under the governance of the circuit judge. If two or more counties of adjoining judicial circuits have authorized a place of detention, the circuit judges must jointly govern the affairs of the place of detention. Furthermore, the counties authorizing a place of detention pursuant to this Section may impose, by order, a sales tax up to 1% on all retail sales after receiving voter approval, and the proceeds of the sales tax must be used for providing a juvenile detention facility while the tax is in effect, as specified in the bill.

This bill repeals a provision in different a truly agreed to and finally passed bill from this legislative session that provides that a child must not be placed in leg restraints unless the child is charged with a class A or class B felony or is determined to be an immediate safety or flight risk by the official overseeing his or her custody.

CERTIFICATION OF A JUVENILE AS AN ADULT (Section 211.071)

Currently, if a petition or motion to modify alleges that a child between 14 and 18 years of age has committed a felony offense, the court may, upon its own motion or motion by the juvenile officer, the child, or the child's custodian, order a hearing, and exercise its discretion to dismiss the motion or petition to modify and order the child to the court of general jurisdiction.

This bill modifies the provision so that it applies only to offenses that are a class A or B felony, a felony sexual offense, or three felony offenses arising from distinct acts committed within 180 days of each other. Under this provision, the office of the prosecuting or circuit attorney will also have the authority to make such a motion and present evidence at any hearing held on its motion.

The bill provides that, when a juvenile officer forwards to the prosecuting attorney a class A or B felony that is not certified, the prosecuting attorney must notify the juvenile officer within 14 days of the decision to certify the case. The prosecuting attorney has only 14 days to file the motion to certify.

Currently, the juvenile officer may consult with the prosecuting attorney concerning any offense for which the child could be certified as an adult. This bill requires the juvenile officer to consult with the prosecuting or circuit attorney. Additionally, the prosecuting or circuit attorney must be provided with police reports, reports of the juvenile or deputy juvenile officer, statements of witnesses, a copy of the completed Missouri Juvenile Detention Assessment Form (JDTA) that was used in determining detention, and all other records or reports relating to the offense alleged to have been committed by the child. Use of the JDTA to determine that a child may be held will be used as a guideline and not be mandatory.

Under this bill, the juvenile officer must consider all legally sufficient charges submitted by law enforcement when utilizing the JDTA form and must provide a copy of the form to the law enforcement agency once a determination has been made.

The bill requires law enforcement agencies who detain juveniles for offenses where fingerprinting is required to collect fingerprints and forward detention information to the central repository. Juvenile officers and the courts of jurisdiction over juvenile offenders must share adjudication, delinquency, and custody information with the Missouri Uniform Law Enforcement System, and such information must be accessible by criminal justice and law enforcement agencies. Such records maintained by the central repository must be closed.

JUVENILE COURT PROCEEDINGS (Section 211.319) This bill provides that juvenile court proceedings for criminal offenses will not be open to the general public.

PRISON TERMS (Section 217.362, 217.690, 217.760, 557.011, 557.021, 558.011, 558.016, 558.019, 558.026, 558.046, 559.115, 566.060, & 566.125)

The bill repeals provisions that do not consider an offender's first incarceration in a Department of Corrections long-term substance abuse program or 120-day program as a previous prison commitment for the purpose of determining a minimum prison term.

Currently, any felony offense that is defined outside of this code without a penalty provision is a class E felony. This bill adds that any such offense must also be subject to the imprisonment terms of Chapter 558, RSMo.

Currently, when a person is found guilty of a felony and sentenced, there is a certain percentage range of the sentence that must be served prior to parole eligibility.

This bill repeals such provisions and provides that offenders must serve the following percentage of the imposed term prior to eligibility for parole based upon the felony classification as follows:

Class A: 70%

Class B: 50%

Class C:

(1) 40% for an offense that requires registration as a sex offender;

(2) 30% for a first offense that does not require registration as a sex offender;

(3) 35% for a second such offense; and

(4) 50% for a third or subsequent such offense

Class D: (1) 25% for an offense that requires registration as a sex offender;

(2) 20% for a first offense that does not require registration as a sex offender;

(3) 25% for a second such offense; and

(4) 50% for a third or subsequent such offense

Class E:

(1) 25% for an offense that requires registration as a sex offender;

(2) 15% for a first offense that does not require registration as a sex offender;

(3) 20% for a second such offense; and

(4) 50% for a third or subsequent such offense

This bill also removes references to the minimum percentage ranges and replaces them with references to the eligibility percentages established in these provisions. This bill requires a person who is sentenced to concurrent sentences to serve the minimum required percentage of the longest sentence prior to parole eligibility. A person who is sentenced to consecutive sentences must serve the minimum percentage for each felony prior to parole eligibility.

Currently, there are certain offenses that contain higher parole eligibility percentages than those listed above. These higher percentages are unaffected by these new eligibility percentages, as are offenses where a suspended imposition of sentence is imposed or where the matter is referred to an adult treatment court. This bill instead requires a person that is sentenced to the term of imprisonment for a higher class than the one for which he or she was found guilty due to his or her status as a prior or persistent offender, to serve the parole eligibility percentage of the higher c