View Full Version : House Bill 36 and 112 Passed -- restricting certain Sex Offenders from 120-day shock

05-15-2009, 07:17 AM
Just to let everyone that house bill 36 and 112 passed on may 13th. Please read.

Officials from the Office of State Courts Administrator assume the proposed legislation would have no fiscal impact on the courts.

Officials from the Department of Corrections (DOC) assume the proposal would prohibit felony sexual offenders whose victim was less than seventeen (17) years of age from being allowed to participate in the one hundred twenty-day “shock incarceration program” within the Department of Corrections. If this bill passed, it is likely the Sex Offender Assessment Unit (SOAU) at Farmington Correctional Center would close down. The SOAU provides a specialized assessment for the courts that will not be available if offenders cannot be referred to the SOAU. A recidivism analysis of offenders released to probation after completing the SOAU indicates that recidivism rates are lower than for offenders sentenced to straight probation and to offenders sentenced to prison. This may result in increased recidivism rates if offenders could not be referred to the SOAU.

In FY08, DOC had 31 offenders enter the 120-day program who, if this bill were passed into law, would either be placed on probation or the court would require them to serve term sentences. The felony range of these classes is from a class D felony up through a class B felony and also includes unclassed felonies. Using an average time served for offenders who served a term sentence based upon the same MO charge code, the additional offenders who may now come to prison is as follows: 31 in FY10, 62 in FY11, 93 in FY12, 103 in FY13 and 107 in FY14 and each year following.

Currently, the DOC cannot predict the number of new commitments which may result from the modification of the offense(s) outlined in this proposal. An increase in commitments depends on the utilization by prosecutors and the actual sentences imposed by the court.

If additional persons are sentenced to the custody of the DOC due to the provisions of this legislation, the DOC will incur a corresponding increase in direct offender cost either through incarceration (FY08 average of $15.64 per offender, per day or an annual cost of $5,709 per inmate) or through supervision provided by the Board of Probation and Parole (FY08 average of $2.47 per offender, per day or an annual cost of $902 per offender).