Missouri Sentencing Advisory Commission - MOSAC

153 Pages·2013·0.95 MB·English

Missouri Sentencing 

Advisory Commission 

USER GUIDE

2012‐2013 

April 26, 2013
Includes statutory changes in 2012
(This page intentionally left blank.)
SENTENCING ADVISORY COMMISSION MEMBERS

Member Appointed By
Judge Gary Oxenhandler, Acting-Chair Supreme Court (Rural Area)

Phyllis Becker Governor – Private Citizen

Larry J. Joiner Governor – Private Citizen

George A. Lombardi Director, Department of Corrections

Dwight K. Scroggins, Jr. Governor – Prosecutor

Dane Miller Governor – Missouri Bar

Judge W. Brent Powell Supreme Court (Metropolitan Area)

Representative Galen W. Higdon Speaker – House of Representatives

Senator Kurt Schaefer Senate President Pro-Tem

Ellis McSwain , Jr. Governor – Board of Probation & Parole

Nancy Watkins Governor – Public Defender System

Contacts
Gary Oxenhandler Julie R. Upschulte George A. Lombardi
Judge, 13th Circuit Program Specialist, MOSAC Director, Department of Corrections
Boone County Courthouse PO Box 104480 PO Box 236
705 East Walnut Jefferson City, MO 65110 Jefferson City, MO 65102
Columbia, MO 65201 [phone] [phone]
[phone] [email protected] [email protected]
[email protected] http://www.mosac.mo.gov/ http://www.doc.mo.gov/
http://www.courts.mo.gov/
(This page intentionally left blank.)
ii
CONTENTS

Preface 1
Missouri Sentencing Laws 2
State Sponsored Sentencing Alternatives
Community Programs and Supervision Strategies 8
Department of Corrections Institutional Programs 13
Sentencing Assessment Report (SAR) 16
Disposition and Average Prison Sentences by Offense Group and Prior Criminal History 27
Missouri Charge Codes with disposition and sentencing restrictions 30

Appendices
A. Authorizing statute: Section 558.019.6, RSMo 125
B. Prior Criminal History Level and Offender Risk Factors in the SAR 127
C. Static 99R for Adult Male Sex Offenders 131
D. Description of MOSAC Offense Groupings 134
E. Board of Probation and Parole Release Guidelines and Time Served 136
F. Statutory Restrictions on Sentencing 143
G. New Charge Codes for 2012-2013 148

iii
PREFACE

The Sentencing Advisory Commission is pleased to publish an updated User Guide that incorporates changes to the criminal statutes
from the 2012 legislative session. The opportunity has also been taken to update the information on sentencing dispositions, the
availability of community and institutional alternative sentences and the time served statistics by the Board of Probation and Parole.

In 2012 the statute that defines the functions of the Sentencing Advisory Commission was amended to remove the requirement to
establish and publish a system of recommended sentences. The commission is still charged with studying sentencing practices and
providing information useful to courts and other practitioners in the criminal justice system in Missouri. Because the User Guide has
provided useful information the commission has decided to continue to update the document. In the revised format the list of current
charge codes includes the disposition and average sentences data for the last eight years. The commission has also revised the formats
of the Probation and Parole’s Sentence Assessment Report and the Automated Sentencing and Risk Assessment program (available
from the MOSAC website) to provide sentencing statistics that are related to the offense and the level of prior criminal history.

The User Guide has been produced with the assistance of professional staff in Department of Corrections and in the Office of the State
Courts Administrator.

Suggestions for topics to be included in future user guides are welcome.

1
MISSOURI SENTENCING LAWS

The following references are made to statutes that define either the sentence disposition, the range within which an authorized
sentence can be set or the incarceration time. The Revised Missouri Statutes are available online at
http://www.moga.mo.gov/homestatsearch.asp. Reference can also be made to the Missouri Board of Probation and Parole booklet
on Procedures Governing the Granting of Paroles and Conditional Release, http://www.doc.mo.gov/documents/prob/Blue
Book.pdf.

Authorized dispositions for felony convictions include a term of imprisonment, a fine (if the offense is a Class C or D felony, Section
560.111, RSMo) and a period of probation. In addition, the execution of the sentence may be suspended and the person placed on
probation or the imposition of the sentence may be suspended, with or without placing the person on probation (Section 557.011,
RSMo).

The Missouri statutes have provisions for enhanced sentencing when an offender is deemed to be a prior and persistent recidivist, and
for a minimum prison time when the offender is deemed to be a recidivist or has been convicted of a dangerous felony. Unless
specifically excluded by statute, felony convictions can be sentenced to either probation or to a prison sentence (Section 559.012,
RSMo). In Missouri, a probation term is often accompanied with a suspended prison sentence. When probation is revoked, the prison
sentence can be imposed or the offender can be sentenced under the 120-day statutes.

Recidivists
The recommended sentence for an offender sentenced as a persistent offender (Section 558.016, RSMo) is the recommended sentence
for the same offense group one or two felony class higher than the statutory defined felony class. The same offense group and level of
severity applies. If the offense is Class A then the offense severity is increased by one level, unless the offense is High severity.

Attempt, Accessory or Conspiracy to Commit an Offense (inchoate)
Offenders convicted of the attempt of the offense or conspiracy are sentenced in accordance with Sections 564.011 and 564.016,
RSMo. The exception is when the attempt to commit a crime is specified by statute to be sentenced at the same as the commission of
the offense. The sentencing recommendations include sentences at one felony class lower than the commitment of the offense for the
same offense group and level of severity.

Sentencing Statutes
Section 558.011, RSMo Authorized terms of imprisonment including conditional release:
 Felony Class A 10 to 30 years or life
2
 Felony Class B 5 to 15 years
 Felony Class C Not to exceed 7 years
 Felony Class D Not to exceed 4 years

The probation term for a felony conviction is from one to five years (Section 559.016, ,).

In cases of Class C and D felonies, the court shall have discretion to imprison for a special term not to exceed one year in the county
jail or other authorized penal institution. If the court imposes a sentence of imprisonment for a term longer than one year upon a
person convicted of a Class C or D felony, it shall commit the person to the custody of the Department of Corrections for a term of
years not less than two years and not exceeding the maximum authorized term.

Section 558.016, RSMo Extended Terms for Persistent Offenders (guilty of two or more felonies committed at different times)
and dangerous offenders (guilty of a prior Class A or B felony and knowingly murdered or endangered the life or inflicted serious
physical injury on another person):
 Class A felony: any sentence authorized for a Class A felony
 Class B felony: any sentence authorized for a Class A felony
 Class C felony: any sentence authorized for a Class B felony
 Class D felony: any sentence authorized for a Class C felony

Prior offender pursuant to Section 588.016 is an aggravating factor in sentencing but is not an enhanced sentence.

Section 558.018, RSMo Persistent Sexual Offender. A person guilty of forcible rape, statutory rape 1st degree, forcible sodomy,
statutory sodomy 1st, or an attempt of any of the designated offenses shall be sentenced to life without probation or parole if the
defendant has a prior finding of guilt for forcible rape, rape, statutory rape 1st degree, forcible sodomy, sodomy, or statutory sodomy
1st degree.

Section 558.018, RSMo Predatory Sexual Offender. A person guilty of forcible rape, statutory rape 1st degree, forcible sodomy,
statutory sodomy 1st or an attempt of any of the above designated offenses or child molestation 1st degree, Class A felony or sexual
abuse, Class B and (1) who has a prior finding of guilt of one of the designated offenses or (2) has committed such an offense whether
or not there was a conviction or (3) has committed the acts against multiple victims whether or not the defendant was charged is so
designated. A predatory sex offender shall be sentenced for life with eligibility for parole. The sentence shall not be discharged. The
minimum prison term, to be set by the courts, is 30 years, except when the defendant has previously pleaded guilty to child
3
molestation 1st or sexual abuse when the minimum prison term is 15 years. Defendants without a prior finding of guilt for the
designated offenses shall serve any authorized sentence if the defendant had not been sentenced as a predatory sexual offender.

Section 558.019, RSMo Minimum Prison Terms for persons with prior prison commitments by the Department of Corrections
{excluding regimented discipline (Section 217.378, RSMo), 120-day programs (Section 559.115, RSMo) or the long-term drug
program (Section 217.362, RSMo)} and serving a sentence other than in Chapter 195, RSMo (drug offenses) are:
 One prior commitment -- 40% of sentence (or until the age of 70 with 30% of the sentence served);
 Two prior commitments -- 50% of sentence (or until the age of 70 with 40% of the sentence served);
 Three or more prior commitments -- 80% of sentence (or until the age of 70 with 40% of the sentence served);
 Guilty of a dangerous felony -- 85% of sentence.

In addition, there are enhanced sentences and minimum prison terms for persistent and predatory sexual offenders (Section 558.018
RSMo), prior and persistent domestic violence offenders (Section 565.063, RSMo) and prior and persistent drug offenders (Sections
195.285 to 195.296, RSMo).

Parole Restrictions
 Armed Criminal Action (Section 571.015, RSMo). For the first conviction, the minimum period is three years; for a second
conviction, the minimum period is five years and for the third conviction, the minimum period is ten years.
 Aggravated and Chronic DWI Offenders (Section 577.023, RSMo). Aggravated offenders must serve at least 60 days and
chronic offenders at least two years before probation or parole.
 Capital Murder (Section 565.001, RSMo). The minimum term is 50 years.
 Enticement of a Child less than 15 (Section 566.151, RSMo). Requires offenders to serve five years before parole.
 Failure to register as a sex offender, 3rd offense (Section 589.425, RSMo). Offenders must serve two years before probation
or parole.
 Forcible Rape (Section 566.030, RSMo) and Forcible Sodomy (Section 566.060, RSMo). When the victim is under 12 the
offenders must serve 30 years before parole.
 High School Diploma/GED. (Section 217.690, RSMo). The Board shall not order a parole unless the offender has obtained a
high school diploma or its equivalent unless the offender has made a good-faith effort.
 Involuntary Manslaughter in the first degree (Section 565.024, RSMo) requires 85% of sentence to be served before parole.
 Pharmacy Robbery in the first degree (Section 569.025, RSMo). The minimum period is ten years.
 Pharmacy Robbery in the second degree (Section 569.035, RSMo). The minimum period is five years.
4
 Prior or Persistent Domestic Violence Offender (Section 565.063, RSMo) shall serve a minimum of six months before
probation or parole.
 Sexual Trafficking of a child less than 12 (Section 566.213, RSMo) requires offenders to serve 25 years before parole.
 Sex offenses (Section 589.040, RSMo). Offenders imprisoned for sex offenses shall complete the Missouri Sex Offender
Program before release to parole.
 Discharge a Firearm (Section 558.016, RSMo). Prior offenders shall serve at least ten years (Section 571.030, RSMo).

Non-Parole Offenses
 Child Molestation in the first degree when the victim is under 12 and there was serious physical violence or the offender was
a repeat sex offender (Section 566.067, RSMo).
 Domestic Assault in the first degree persistent domestic violence offender (Section 565.072, RSMo).
 Drug Trafficking Offenses (Sections 195.222, 195.223, 195.291, 195.292, 195.295, 195.296, RSMo).
 Murder First Degree (Section 565.020, RSMo).
 Persistent Sexual Offender (Section.558.018, RSMo).
 Tampering with Victim/ Witness (Section 575.270, RSMo).
 Discharge a Firearm (Section 558.016, RSMo). Persistent offenders are not eligible for probation, parole or conditional
release (Section 571.030, RSMo).
Dangerous Felonies (Section 556.061, RSMo)
The list of offenses defined as dangerous felonies on June 30, 2010 are:
 Forcible Rape
 Forcible Sodomy
 Robbery 1st
 Murder 2nd
 Kidnapping
 Child Kidnapping
 Parental Kidnapping by detain/conceal child’s whereabouts of >119 days
 Arson 1st
 Assault 1st
 Attempted Forcible Rape with physical injury
 Attempted Forcible Sodomy with physical injury
 Assault of a Law Officer 1st
 Domestic Assault 1st
5