PURPOSE: This rule sets forth the purpose and procedures for parole hearings, the possible results, when an inmate can plan for release and the type of release as further explained in this chapter.

1. (1) Parole Hearings.

   1. (A) Parole hearings allow the inmates the opportunity to—

      1. 1. Present to the parole board in person

their own versions of the present offense and prior criminal history if any;

1. 2. Discuss their problems and needs;
2. 3. Discuss their evaluations of the

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

1. 4. Present their reasons why they think

they should be paroled;

1. 5. Present their plans for the future; and
2. 6. Present and discuss any other matters

that are appropriate for consideration including challenging allegations of fact that they perceive to be false.

1. (B) Parole hearings provide the parole board the opportunity to—

   1. 1. Review all available reports and case

history material pertinent to the case. These may include medical, psychological and psychiatric reports, prior record of arrests, convictions and incarcerations and circumstances, and past and present patterns of behavior and confidential information;

1. 2. Review institutional adjustment, con-

duct and progress as this will reflect upon their attitudes and preparation to resume life in free society; and

1. 3. Evaluate the inmate as a person and

as an individual in regard to suitability for parole release.

1. (2) Parole hearings are conducted monthly at each major institution.

2. (3) Parole Eligibility.

   1. (A) The Missouri statutes (section 217.690, RSMo) state that before ordering the parole of any offender, the board shall have the offender appear before a hearing panel, which shall interview him/her.

   2. (B) An inmate need not make an application for a parole hearing, as s/he will be automatically scheduled by the parole board. An inmate will receive written notice of the date of hearing approximately forty-five (45) days prior to his/her appearance before the parole board.

      1. 1. An inmate may request that his/her

parole hearing be scheduled for a later date. A request for a continuance of less than three (3) months will not be accepted by the board.

1. 2. An inmate who has a sentence of less

than twenty-four (24) months may waive the right to a personal hearing within sixty (60) days of reception into the Missouri Department of Corrections. A hearing in absentia will take place within ten (10) working days of the parole board receiving the waiver and report from the institutional parole office.

1. (4) Minimum Parole Eligibility.

   1. (A) When an inmate has been convicted of a felony where a dangerous or deadly weapon is used and is guilty under section 571.015, RSMo of the crime of armed criminal action, minimum parole eligibility is as follows:

      1. 1. First conviction of armed criminal

action—an inmate must serve a minimum of three (3) calendar years;

1. 2. Second conviction of armed criminal

action—committed at different times, an inmate must serve a minimum of five (5) calendar years;

1. 3. Third conviction of armed criminal

action—committed at different times, an inmate must serve a minimum of ten (10) calendar years; and

1. 4. In all of the cases listed in paragraphs

(4)(A)1.–3., if the armed criminal action sentence, concurrent sentences, or both, are longer than the previously mentioned minimum, parole eligibility will be determined according to subparagraph (4)(F)2.A. This happens only when the minimum eligibility exceeds the mandatory requirement of the armed criminal action sentence. This also applies to consecutive sentences when appropriate.

1. (B) When an inmate has been sentenced to life imprisonment under the capital murder statute prior to October 1, 1984 (former section 565.008, RSMo), the parole eligibility time will be after fifty (50) years has been served on the sentence.

2. (C) When an inmate has been convicted under section 558.019, RSMo, the minimum parole eligibility is as follows:

   1. 1. A prior offender, one who previously

has been convicted of one (1) felony, must serve forty percent (40%) of his/her sentence;

1. 2. A persistent offender, one who previ-

ously has been convicted of two (2) felonies 14 CSR 80-2

committed at different times, must serve sixty percent (60%) of his/her sentence;

1. 3. A class X-offender, one who previ-

ously has been convicted of three (3) felonies committed at different times, must serve eighty percent (80%) of his/her sentence; and

1. 4. A sentence of life shall be calculated

at fifty (50) years. Any sentence alone or with other consecutive sentences that total over seventy-five (75) years shall be considered to be seventy-five (75) years.

1. (D) All inmates imprisoned for sexual assault offenses shall participate in and complete the prescribed treatment program developed by the Department of Corrections prior to being eligible for parole (section 589.040, RSMo).
2. (E) An inmate convicted of pharmacy robbery in the first degree (section 569.025, RSMo) shall not be eligible for parole until s/he has served a minimum of ten (10) years’ imprisonment.
3. (F) An inmate convicted of pharmacy robbery in the second degree (section 569.035, RSMo) shall not be eligible for parole until s/he has served a minimum of five (5) years’ imprisonment.
4. (G) For the purpose of retribution and general deterrence, in the board’s discretion, inmates convicted of class C and D offenses shall not be eligible for parole until fifteen percent (15%) of the maximum sentence has been served. Inmates convicted of class A and B offenses shall not be eligible for parole until one-third (1/3) of the maximum sentence has been served.
5. (H) For inmates serving life sentences and for inmates with sentences of forty-five (45) years or more, the board considers the deterrent and retributive portion of the sentence to have been served when the inmate has completed fifteen (15) years of the maximum sentence. For inmates serving multiple life sentences or other sentences concurrent or consecutive to a life sentence, the board, due to the nature and length of the sentences, may determine not to set a minimum eligibility date.

1. (5) Nonparolable Offenses. A person convicted of the following offenses is not eligible for parole:

   1. (A) An inmate convicted of murder first degree and sentenced to life imprisonment (section 565.020, RSMo);
   2. (B) An inmate convicted as a persistent sexual offender (section 558.018, RSMo);
   3. (C) An inmate convicted of tampering with a victim/witness (section 575.270, RSMo);
   4. (D) An inmate convicted between March 16, 1986 and August 28, 1989 for the third offense of possession of Schedule I or II controlled substances or has been convicted two

2. (2) or more times of any felony relating to controlled substances (section 195.200, RSMo);

   1. (E) An inmate convicted between March 16, 1986 and August 28, 1989 of selling, giving or delivering any controlled substance listed in Schedule I or II who previously has been convicted of any felony relating to controlled substances, shall not be eligible for parole (section 195.200, RSMo);
   2. (F) An inmate convicted on or after August 28, 1989 of certain drug trafficking offenses, or who is classified by law as a prior or persistent offender of certain drug offenses shall not be eligible for parole (sections 195.222, 195.291, 195.292, 195.295 and 195.296, RSMo); or
   3. (G) An inmate convicted as a class X- offender and sentenced to twenty-five (25) years or less.

3. (6) Parole Hearing—Setting Presumptive Release Date. A parole hearing automatically will be scheduled for all inmates eligible for parole under state law in accordance with the following schedule: Months of Sentence Incarceration (Including Length Jail Time) to be Served (Years) Prior to Hearing

   2 ASAP 3 ASAP

   11–15 16–20 21–25 26–30 31–35 36–40 41–44 45 and Over

Inmates who have consecutive sentences will be given a hearing based on the hearing schedule for each sentence. The months for each sentence will be added together to set the hearing date.

1. (7) Hearing Procedure.

   1. (A) The inmate 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. 1. While it is not at all necessary,

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

1. 2. Other inmates may not be present at

the hearing.

1. 3. The parole board shall notify the vic-

tim or representative of the victim of the right to be present at the parole consideration hearing of any inmate. 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. A. The victim or person representing

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

1. B. The victim or person representing

the victim who attends a hearing may give testimony in the presence of the inmate or to the hearing panel without the inmate being present.

1. C. The victim or person representing

the victim may call or write the parole board rather than attend the hearing.

1. D. 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.

1. 4. 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 consideration hearing for any inmate. 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.

1. 5. The hearing panel shall limit or

exclude any irrelevant or repetitious statement.

1. 6. The parole board will notify any per-

son referred to in paragraph (7)(A)3. or 4. the results of any parole eligibility hearing if they indicate a desire to be notified.

1. (B) The interview will be recorded.
2. (C) 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 inmate concerned, the inmate’s representative or any other unauthorized persons (section 217.670, RSMo).
3. (D) The inmate who waives a personal appearance before the hearing panel shall have his/her case considered by the board in absentia.
4. (E) An inmate who is serving a Missouri sentence in another state is under the same rules governing the granting of paroles and conditional release rules as an inmate who is serving his/her sentence in a Missouri institution. The inmate may waive his/her right to a personal hearing in another state. In reference to the Missouri sentence, the board will hear these cases in absentia upon receipt of a report from the appropriate authorities in the other state.

1. (8) Board Decisions.

   1. (A) The parole board will reach a decision within ten (10) working days from the date of the hearing, or as soon as practicable, and the inmate will receive a written notice of the board’s action as soon as the notice can be prepared and delivered.
   2. (B) The board may request a number of different kinds of investigation reports. These may include field investigations, institutional investigations, psychological, or psychiatric evaluations, or a combination of these.
   3. (C) The board may request the inmate’s authorization to obtain any medical, psychological or psychiatric evaluations, or a combination of these, that may have been made in the past.
   4. (D) The board may set a presumptive release date, either by parole or conditional release, or continue the inmate for a reconsideration hearing.
   5. (E) The setting of a presumptive release date does not automatically entitle the inmate to be released on that date. Release shall be dependent upon a finding by the board that the inmate has a continued record of good conduct and an acceptable release plan.
   6. (F) All release dates are set on the assumption that the information from the inmate has not been given fraudulently or withheld from the board. If evidence comes to the attention of the board that an inmate 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 release should be voided.

2. (9) Statement of Reasons for Decision.

   1. (A) The reasons for decisions above the guidelines, for extension of the presumptive release date, denial of good time credit and for inmates for whom a presumptive release date has not been set may include, but are not limited to, the following reasons, with further specification of board policy where appropriate:

      1. 1. Release at this time would depreciate

the seriousness of the offense committed or promote disrespect for the law;

1. 2. There does not appear to be a reason-

able probability at this time that the inmate would live and remain at liberty without violating the law;

1. 3. The inmate has not substantially

observed the rules of the institution in which confined; and

1. 4. Release at this time is not in the best

interest of society.

1. (B) The inmate shall receive a copy of the salient factor score sheet.

1. (10) Appeal.

   1. (A) An inmate may appeal an adverse board decision or special condition. Conditional release extension decisions by the board may not be appealed. This appeal must be in writing on forms provided by the institutional parole officer and filed within thirty

2. (30) days after the decision has been received. An inmate is presumed to have received his/her decision within ten (10) working days of the date of the notice of this decision to the inmate. The appeal shall be considered by the board within thirty (30) days of receipt of the appeal and the inmate will be advised of the board’s decision as soon as the notice can be prepared and delivered. If no appeal is filed, this decision shall stand as final.

   1. (B) Appeals under this section may be based upon the following grounds:

      1. 1. Parole decision guidelines were

applied incorrectly;

1. 2. The decision outside the guidelines

was not supported by the reasons stated;

1. 3. There was significant information in

existence but not known to the board at the time of the hearing;

1. 4. That especially mitigating circum-

stances justify a different decision; and

1. 5. The special condition(s) ordered by

the board is unreasonable.

1. (11) Reconsideration Hearing.

   1. (A) The purpose of a reconsideration hearing shall be to consider the inmate’s case and any significant development or changes in the inmate’s status that may have occurred subsequent to the previous hearing.
   2. (B) In the case of an inmate with a sentence of less than ten (10) years, reconsideration hearings shall be conducted every twelve

2. (12) months until a presumptive release date has been established by the board.

   1. (C) In the case of an inmate with a sentence of ten (10) years or more who has been granted an early initial hearing, the subsequent hearing shall be in accordance with the hearing schedule in section (6).
   2. (D) In other cases of an inmate with a sentence of ten (10) years or more, reconsideration hearings shall be conducted every twenty-four (24) months until a presumptive release date has been established by the board.
   3. (E) In the case of inmates classified by the board as dangerous or persistent offenders, reconsideration hearings shall be conducted every five (5) years until a presumptive release date has been established by the board.

3. (12) A prerelease review shall be held to determine whether the conditions of a presumptive release date have been satisfied, and to review any additional information that may be available to the board.

   1. (A) Prior to a presumptive release date, the case shall be reviewed.

   2. (B) Following review, the board shall—

      1. 1. Approve the release date;
      2. 2. Advance or delay the release date for

purpose of release planning; and

1. 3. Upon receipt of new information that

indicates it is not appropriate for the inmate to be released on his/her presumptive release date—

1. A. Cancel the release date and

reschedule for release; or

1. B. Cancel the release date and sched-

ule for a reconsideration hearing.

AUTHORITY: sections 217.040 and 217.690, RSMo Supp. 1989 and 595.209, RSMo 1986.* 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 14 CSR 80-2 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.

*Original authority: 217.040, RSMo 1982, amended 1989; 217.690, RSMo 1982, amended 1986, 1987, 1989, 1992; and 595.209, RSMo 1986, amended 1992.