Missouri Parole Board and Parole Revocation

UNDERSTANDING MISSOURI PAROLE AND THE AUTHORITY OF

THE MISSOURI PAROLE BOARD TO REVOKE PAROLE

14 CSR 80-1.010 General Organization

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 1511 Christy Drive, Jefferson City, MO 65101, or visit the web site www.doc.mo.gov/division/prob/prob.

AUTHORITY: section 217.690, RSMo Supp. 2007 and sections 217.720, 217.755 and 217.810, RSMo 2000. This rule was previously filed as 13 CSR 80-1.010.[fn*] Original rule filed May 13, 1976, effective Nov. 11, 1976. Amended: Filed Sept. 5, 2007, effective March 30, 2008.

[fn*] 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.

Chapter 2 - Parole Consideration and Conditional Release

14 CSR 80-2.010 Parole Eligibility, Hearings, Reviews and Release Dates

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 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) 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 driving while intoxicated and class C and D drug and nonviolent felony offenses as shown in the Procedures Governing the Granting of Paroles and Conditional Releases, Appendix C are eligible for parole after fifteen percent (15%) of the maximum sentence has been served, except where statute would require more time to be served.

(B) Offenders convicted of driving while intoxicated as a persistent, aggravated, or chronic offender and enhanced non-violent class C and D felony offenses under section 558.016, RSMo are eligible for parole after twenty-five percent (25%) of the maximum sentence has been served, except where statute would require more time to be served.

(C) Offenders convicted of class A and B drug and non-violent felony offenses as shown in the Procedures Governing the Granting of Paroles and Conditional Releases, Appendix C are eligible for parole after twenty-five percent (25%) of the maximum sentence has been served, except where statute requires more time to be served.

(D) Offenders convicted of violent offenses as shown in the Procedures Governing the Granting of Paroles and Conditional Releases, Appendix C, Sexual or Child Abuse (all classes of offenses) are eligible for parole after thirty-three percent (33%) of the maximum sentence has been served, except where 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-Q (revised April 2006) is hereby incorporated by reference and made part of this rule as published by the Board of Probation and Parole, 1511 Christy Drive, Jefferson City, MO 65101. This rule does not incorporate any subsequent amendments or additions.

(2) Medical Parole.

(A) The board will consider a medical parole under the following conditions:

1. 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.

(B) 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.

(C) 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.

(D) 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 in person their own versions of the present offense and prior criminal history if any;

2. Discuss problems and needs;

3. Discuss progress made, or expected to be made, toward rehabilitation while confined;

4. Present reasons why they think they should be paroled;

5. 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;

2. Offer an opinion about the offender's release.

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;

2. 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;

3. 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.

(C) An offender may request that his/her parole hearing be scheduled for a later date. 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 a first incarceration for certain non-violent class C or D felonies with a sentence of five (5) years or less may be allowed to waive their personal 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.

1. Offenders may have a person of their choice at the hearing. The offender's representative may offer a statement on behalf of the offender, ask questions and provide any additional information that may be requested by the hearing panel.

2. 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.

1. The victim or person representing the victim who attends a hearing may be accompanied by one (1) other person.

2. 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.

3. The victim or person representing the victim may call or write the parole board rather than attend the hearing.

4. 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.

5. 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 representative 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.

1. 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.

2. 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.

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

2. 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.

3. 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.

4. 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.

AUTHORITY: sections 217.040 and 217.250, RSMo 2000 and sections 217.690 and 595.209, RSMo Supp. 2007.[fn*] This 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 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 read-opted: Filed Sept. 5, 2007, effective March 30, 2008.

[fn*] 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.

14 CSR 80-2.020 Parole Policy Guidelines

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

(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 release.

(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-by-case 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.

(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-Q (revised April 2006). This material is hereby incorporated by reference and made part of this rule as published by the Board of Probation and Parole, 1511 Christy Drive, Jefferson City, MO 65101. This rule does not incorporate any subsequent amendments or additions.

AUTHORITY: section 217.690, RSMo Supp. 2007.[fn*] 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. 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.

[fn*] Original authority: 217.690, RSMo 1982, amended 1986, 1987, 1989, 1992, 1995, 2002, 2005.

14 CSR 80-2.030 Term of Supervision

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 safe-t y. 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.

AUTHORITY: section 217.720, RSMo 2000 and sections 217.690 and 217.730, RSMo Supp. 2007.[fn*] This rule was previously filed as 13 CSR 80-2.030. Original rule filed Feb. 5, 1968, effective Feb. 15, 1968. Amended: 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 read-opted: Filed Sept. 5, 2007, effective March 30, 2008.

[fn*] 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.

14 CSR 80-2.040 Conditional Release (Rescinded March 30, 2008)

Rescinded.

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. 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 (Rescinded March 30, 2008)

Rescinded.

AUTHORITY: section 217.690, RSMo Supp. 1990. 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. 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.

Chapter 3 - Conditions of Probation and Parole

14 CSR 80-3.010 Conditions of Probation and Parole

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.

(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." All of us are expected to obey the laws. If a parolee or probationer is arrested at any time for any reason, s/he must report his/her arrest to his/her 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." The probation and parole officer must always know where his/her clients are. It will be the probation and parole officer who will determine the area in which the probationer or parolee will be allowed to travel. There may be times when a probationer or parolee will be living in one (1) community and working in another. When this does occur, the probation and parole officer usually limits the area of travel to these two (2) communities. There may be other exceptions from time-to-time which should be discussed with the officer. When the request is reasonable, the officer will allow the probationer or parolee to travel based on a written travel permit for each occasion or without getting his/her permission each time. This will generally depend on the circumstances. If the probationer or parolee travels outside Missouri, there are certain regulations and requirements that must be followed. A travel permit will have to be issued to the probationer or parolee by the probation and parole officer. Since there is a certain amount of paper work involved in preparing these travel permits, the probationer or parolee should discuss his/her travels with his/her probation and parole officer far enough in advance to allow time for the proper paper work to be prepared. Travel permits for travel outside Missouri may be issued on short notice only in case of emergency, such as serious illness or death in the family.

(3) The third condition reads, "Residency: I will notify my probation and parole officer of any changes of residency within forty-eight (48) hours." Since the probation and parole officer is at all times responsible for knowing his/her clients' place of residence, it is essential for probationers and parolees to notify their officer within forty-eight (48) hours of any change they must make in regard to where they are living. The officer may need to contact a client for some reason or may be planning to stop by the client's home for a visit. This condition is an effort to keep the probationer or parolee and the probation and parole officer in close touch with each other.

(4) The fourth condition reads, "Employment: 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 forty-eight (48) hours." Changing or quitting a job is always a major decision in anyone's life. It is a decision that a probationer or parolee needs to discuss with his/her probation and parole officer before finally deciding what to do. The probation and parole officer can point out the advantages and disadvantages of making the job change. There are many times when a decision of this kind is made on the spur of the moment and without too much thought. One (1) of the main purposes of this rule, therefore, is to help the probationer or parolee to avoid making a decision which s/he may well regret later on by not being able to find another job quickly. Most of us are expected to support ourselves, have a family to support or debts to pay. It is a normal expectation that these obligations be met. This is no different for a person under supervision than it is for any other citizen. We have found over the years that involvement in criminal behavior and unemployment are closely related. During the supervision period a probationer or parolee will be expected to maintain employment. The only excuse from this obligation will be his/her involvement in a specific program such as vocational training, drug or alcohol abuse treatment or other programs related to his/her self-improvement. A probationer or parolee must remember that before quitting or changing a job or program, s/he must have advance permission from his/her probation and parole officer. In the event a probationer or parolee is fired from a job or program, s/he has the obligation to notify his/her probation and parole officer within forty-eight (48) hours.

(5) The fifth condition reads, "Association: I will not associate with any person who has been convicted of a felony or misdemeanor." As a probationer or parolee reviews his/her past life and thinks about how s/he got involved in difficulty with the law, many times the probationer or parolee will have to admit that his/her association with some other person who previously had been in difficulty, played a role in his/her situation. This condition is to help probationers and parolees avoid this mistake in the future. It will be the probationer's or parolee's responsibility to know with whom s/he associates. We would caution probationers and parolees to select their friends and associates wisely. Naturally there will be times when a probationer's or parolee's work and place of residency will place him/her in contact with persons who have been convicted of felonies and misdemeanors. The mere fact that the probationer or parolee lives in the same rooming house or works in the same place of employment does not mean that s/he has to associate after working hours or outside the place of residence. If because of place of residency or employment the probationer or parolee finds him/herself in association with someone who has been convicted, s/he should advise his/her probation and parole officer of the circumstances.

(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." Use of any controlled substance unless prescribed by a physician is illegal. Therefore, the use or possession of drugs is not only a violation of his/her probation and parole conditions but is also a violation of the law.

(7) The seventh condition reads, "Weapons: I will, if my probation or parole is based on a misdemeanor involving firearms or explosives, or any felony charge, not own, possess, purchase, receive, sell or transport any firearms, ammunition or explosive device or any dangerous weapon as defined by federal, state or municipal laws or ordinances." If a probationer is a misdemeanor offender and the misdemeanor for which s/he is now on probation did not involve firearms or explosives then s/he is excluded from the condition, unless for other reasons his/her probation and parole officer, the parole board or the court, feel that it is pertinent to his/her success under supervision. Then they may invoke this condition as a special condition of his/her probation or parole. This condition does apply to any individual who has been convicted of a misdemeanor that relates to or involves firearms or explosives and to all individuals who are on probation or parole as a result of a felony conviction. The Federal Firearms Act will cause this condition of restrictions on firearms past the end of a probation or parole period. As it stipulates, it is illegal for a person to have a firearm if s/he has been convicted of a misdemeanor involving firearms or explosives or any law of the state punishable by a term of imprisonment of two (2) years or more. At the time of a probationer or parolee's discharge from probation or parole, s/he should consult with his/her probation and parole officer as to how to obtain relief through the Department of Treasury, Bureau of Alcohol, Tobacco and Firearms Division to the restrictions placed upon the probationer or parolee regarding his/her possession and use of firearms.

(8) The eighth condition reads, "Reporting/Directives: I will report as directed to my probation and parole officer. I agree to abide by any directives given me by my probation and parole officer." The probation and parole officer may have a probationer or parolee report to him/her in a number of different ways, such as his/her personal appearance at his/her office or some other designated place from time-to-time or to send in a monthly supervision report at a designated time. As part of a probationer's or parolee's reporting, s/he may request that s/he bring documents such as check stubs, receipts for restitution or court costs, receipts for installment payments, income tax forms, all of which will be helpful to the officer in planning with the probationer or parolee towards a successful parole and probation period. If the probationer or parolee tries to contact his/her probation and parole office by telephone and s/he is not in at the time of the call, the probationer or parolee must identify him/herself to someone in the office and tell why s/he is calling and why s/he wants to see his/her probation and parole officer. In this way the person at the office can inform the probation and parole officer of the call or the probationer or parolee's wish to see him/her. The probation and parole officer can then get in touch with the probationer or parolee as soon as s/he is able to do so. The officer from time-to-time may give the probationer or parolee special directives that will relate to him/her as an individual. This may not be a condition of the probation or parole as specified on that document; however, they still may be directives that have an important impact as the probationer or parolee and his/her officer plan together for the probationer's or parolee's future. For example, if the probationer or parolee decides to marry, it is advisable for him/her to consult with his/her probation and parole officer and obtain his/her advice and suggestions in this regard. The probation and parole officer may very well wish to interview the probationer's or parolee's prospective marriage partner in order to make sure that there are no legal barriers to the marriage or misunderstanding between the two (2) of them that might cause difficulty in the marriage at a later date. Obviously, no probationer or parolee is allowed to live in a common law relationship since it is not legal in this state. If a probationer or parolee is living in such a relationship at the time s/he is placed on probation, it will be the responsibility of the probation and parole officer to work with him/her and his/her common law spouse towards consummating the relationship by marriage. Another directive could regard installment buying of some type. Buying a particular item on installments is very easy to do but installment payments are not always easy to make. To help a probationer or parolee avoid getting into financial difficulty, s/he should discuss installment purchasing with his/her probation and parole officer.

(9) The ninth condition reads, "Special Conditions." Both the Division of Probation and Parole and the court that has placed a person on probation have the authority to determine special conditions of probation or parole supervision. Depending on the circumstances of the situation, special conditions may include things such as prohibiting a probationer or parolee from consuming alcoholic beverages, requiring him/her to stay in a halfway house for a certain period or requiring him/her to be involved in an educational-vocational training program. Special conditions may also set out certain restrictions that are placed upon a probationer or parolee if s/he is released for medical or mental treatment. Special conditions are frequently used for setting court costs, fines and restitution. On occasion they will be used to require that the probationer or parolee not visit a specific location or area. These are but examples of special conditions that may be imposed and they certainly are not limited to the previously mentioned list. They are as important as any of the preceding eight (8) conditions of probation and parole and failure to abide by any special condition as stated on an order will be considered a violation of probation or parole.

(10) Location of the central office of the Board of Probation and Parole (where the board members can be found), field probation and parole offices and institutional parole offices are as follows:

(A) Central office is at 211 Marshall, Jefferson City;

(B) Field offices are in St. Joseph, Chillicothe, Hannibal, Kansas City (two (2) locations), Warrensburg, Columbia, St. Louis City (four (4) locations), St. Louis County (two (2) locations), Carthage, Springfield, Rolla, Farmington, West Plains, Sikeston, Hillsboro, Union, St. Charles, Macon, North Kansas City, Camdenton, Branson, Cape Girardeau, Kennett, Independence, Poplar Bluff, Fulton, Jefferson City and Grandview; and

(C) Institutional parole offices are at the state penitentiary in Jefferson City, the Algoa correctional center near Jefferson City, the central Missouri correctional center near Jefferson City, the training center at Moberly, the correctional center at Pacific and the Boonville correctional center.

Auth: sections 217.690 and 217.755, RSMo (1986). This 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.

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.

Chapter 4 - Rights of Alleged Parole Violator or Conditional Release Violator

14 CSR 80-4.010 Arrest and Detention of an Alleged Violator

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 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 parolee or conditional releasee has violated the conditions of 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 parolee or conditional releasee is given a copy of the warrant setting out the alleged violations.

Auth: sections 217.720 and 558.031, RSMo (1986). This rule was previously filed as 13 CSR 80-4.010. 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. Amended: Filed July 15, 1988, effective Nov. 1, 1988.

14 CSR 80-4.020 Preliminary Hearing

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.

1. The alleged violator may present his/her own testimony and present any documents or other evidence or mitigating circumstances which may throw light on the violation.

2. 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.

3. 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.

4. 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.

5. Upon completion of the hearing, the hearing officer will forward a written hearing report to the board for further action. The alleged violator will receive a copy of the report as soon as it can be prepared and delivered.

Auth: sections 217.720 and 558.031, RSMo (Cum. Supp. 1990). 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: Filed Dec. 18, 1991, effective June 25, 1992.

[Editor's Note: This graphic is non-transferable.]

14 CSR 80-4.030 Revocation Hearing

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 probable cause has been found in the case of alleged violation of parole or conditional release, the alleged violator has the right to a revocation hearing before the board. The hearing will be held within a reasonable time after the alleged violator has been made available by his/her return to the Department of Corrections.

(A) An alleged parole or conditional release violator will be contacted by an institutional parole officer and given a 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 throw light on 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 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. The alleged violator found to be indigent may be provided legal counsel in either of the following instances:

1. Upon request, counsel may be provided if there is no admission to the alleged violations; or

2. Counsel may be provided if the alleged violator is not capable of self-representation.

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

(2) After the revocation hearing of an alleged parole or conditional release violator, the board will reach a decision within ten (10) working days from the date of the hearing or as soon after that as practicable. 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;

(C) The board may revoke and deny further parole consideration, causing the violator to serve the remainder of his/her sentence;

(D) The board may revoke and reschedule the violator for a hearing or release.

1. 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.

2. 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

(E) The board may not revoke, but consider the alleged violator for reinstatement on parole on 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 individuals 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 individuals 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 individuals sentenced to the Department of Corrections under section 195.221, RSMo (1986) 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 under section 217.690, RSMo (1986).

(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.

Auth: sections 217.720 and 558.031, RSMo (Cum. Supp. 1990). This rule was previously filed as 13 CSR 80-4.030. 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.

Chapter 5 - Intervention Fee

14 CSR 80-5.010 Definitions for Intervention Fee

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 district administrator;

(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, and other miscellaneous sources. Non-cash benefits, such as food stamps and housing subsidies, are not considered income; and

(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.

AUTHORITY: sections 217.040 and 217.755, RSMo 2000 and section 217.690, RSMo Supp. 2007.[fn*] 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.

[fn*] 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.