Pubdate: Fri, 30 May 2003
Source: The Southeast Missourian (MO)
Copyright: 2003, Southeast Missourian
Contact: http://www.semissourian.com/opinion/speakout/submit/
Website: http://www.semissourian.com/
Details: http://www.mapinc.org/media/1322
Author: Marc Powers, Southeast Missourian
Bookmark: http://www.mapinc.org/prison.htm (Incarceration)

SWEEPING SENTENCING CHANGES AWAIT OK

JEFFERSON CITY, Mo. -- Nonviolent offenders would spend less time in prison 
but the list of serious crimes requiring long terms in the penitentiary 
would expand under criminal sentencing legislation awaiting the governor's 
signature.

If Gov. Bob Holden signs the bill as expected, it will have an immediate 
impact in Missouri courtrooms.

While most new legislation approved by the Missouri Legislature will take 
effect on Aug. 28, the sentencing measure contains an emergency clause, 
meaning it will become law the moment Holden's pen hits paper.

Because of that, Cape Girardeau County Prosecuting Attorney Morley Swingle 
said Missouri's legal community should be on alert.

"I'm a little wary about it because we have 114 counties, and one doesn't 
know if all the judges and prosecuting attorneys are aware of this," 
Swingle said.

It is possible a trial could begin under the existing rules but sentencing 
procedures could be altered at a moment's notice when Holden signs the 
bill. He has until July 15 to take action.

The bill, which cleared both legislative chambers with overwhelming 
support, is intended to help get Missouri's burgeoning prison population 
under control.

Inmate Increase

Primarily because of tough sentencing laws enacted during the 1990s, the 
state's average daily inmate population has nearly doubled since 1993 to 
about 30,000 offenders. More than half of those inmates were convicted of 
non-violent crimes, primarily drug use.

Over the same period, the cost to taxpayers of running the Missouri 
Department of Corrections rose 191 percent to $574.5 million for the fiscal 
year beginning July 1.

The sentencing revisions are expected to free up 1,542 beds -- roughly one 
entire prison -- and save the state $21 million a year.

Corrections department spokesman Tim Kniest said the measure will give the 
prison system more flexibility to ensure space is available for the most 
serious criminals while not hampering the department's core mission.

"We certainly are going maintain close supervision of offenders whether 
they are in prison or out in the community," Kniest said.

Swingle said the bill appears to strike the intended balance ensuring that 
lawbreakers are punished while reserving prison for those who most deserve 
to be there. It was endorsed by the Missouri Association of Prosecuting 
Attorneys.

The mandatory minimum sentence for lesser felonies such as passing bad 
checks or repeat offenses for driving while intoxicated would be lowered 
from five years to four years. Also, inmates serving their second sentence 
for a non-violent offense would only have to do 30 percent of the time, 
instead of 40 percent as currently required.

However, lawmakers added five crimes to the list of dangerous felonies, 
such as rape, arson, second degree murder, that require inmates to serve at 
least 85 percent of their sentences, even on a first offense. Added to the 
list are first degree offenses of assault of a law enforcement officer, 
domestic assault, elder abuse and statutory rape and statutory sodomy when 
the victim is under age 12.

Sentencing separations

However, Swingle is conflicted about a provision that requires a jury to 
determine a sentence in a separate proceeding from the trial. This would be 
true for all cases, including misdemeanors, involving first-time offenders.

At present, the bifurcated system is used only in first degree murder cases 
when the death penalty is sought. In other instances, the jury returns a 
sentence at the time it renders a guilty verdict.

On the positive side, Swingle said jurors would be able to learn more about 
the defendant, including "prior bad acts" that wouldn't be admissible at 
trial. On the down side, he believes it could complicate and lengthen the 
process.

"I have mixed feelings about it, but I've always felt that if you give 
jurors all the information, you will get the right result," Swingle said.

Scott County Prosecuting Attorney Paul Boyd said another section of the 
bill gives him pause.

Under current law, a judge can send an offender to prison for 120 days for 
drug and alcohol abuse treatment as shock time. The judge retains 
jurisdiction over the prisoner for that period and can order him to serve 
his full sentence if the judge is not satisfied with the prisoner's 
progress or behavior.

The bill creates a presumption that the prisoner will be released after 120 
days and requires the judge to show good cause for keeping him behind bars 
longer.

"I do not care at all for them taking discretion away from the trial court 
and placing it in the hands of state bureaucrats," Boyd said.

The bill is SB 5.
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MAP posted-by: Terry Liittschwager