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

1. (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. The time ranges specified by the guidelines are established specifically for cases with good institutional adjustment and program progress. Mitigating or aggravating circumstances may warrant decisions outside the guidelines. If a decision above the guidelines is reached, the reasons shall be stated in the notice to the inmate.

   1. (A) An evaluation sheet containing a salient factor score serves as an aid in determining release.
   2. (B) The board shall review the guidelines, including the salient factor score, periodically and may revise or modify them at any time as deemed appropriate.
   3. (C) If an offense can be classified under more than one (1) class, or multiple separate offenses are involved, the most serious applicable class shall be used. Multiple separate offenses may be considered an aggravating factor in decisions reached above the guidelines.
   4. (D) The board reserves the right to consider total offense behavior as an aggravating factor in decisions reached above the guidelines.
   5. (E) Guidelines shall not apply to inmates serving sentences of more than thirty (30) years or under two (2) years, or to any new consecutive sentence received as the result of a parole violation. The board, in its discretion, shall consider these on a case-by-case basis.
   6. (F) The time-to-be-served guidelines, salient factor score sheets and offense classification may be obtained from the Board of Probation and Parole.
   7. (G) Guidelines for inmates convicted of C and D felonies whose sentences were enhanced by the court to extended prison terms will be scored on the A and B felony matrix.

2. (2) Institutional Conduct.

   1. (A) The board believes that it has an obligation to contribute to the maintenance of order in correctional facilities by denying or deferring release to inmates who have failed to comply with institutional rules. The board takes into consideration the number and seriousness of the conduct violations.
   2. (B) Inmates not fulfilling the conditions of their presumptive release dates by reason of conduct violations may have their presumptive release dates cancelled and new dates set, a reconsideration hearing scheduled, their conditional release dates extended, or any of these.

3. (3) Dangerous or Persistent Offender.

   1. (A) An inmate classified by the board as a dangerous or persistent offender, whose release in the board’s opinion would present a danger to the community or a high probability of recidivism, shall not be eligible for parole.

      1. 1. Inmates classified as dangerous or

persistent offenders may petition the board for reconsideration based on evidence of progress toward rehabilitation. Grounds for reconsideration may include exceptional programming, outstanding institutional conduct or other clearly exceptional circumstances.

1. 2. Inmates may appeal for reconsidera-

tion on the basis that the classification of persistent or dangerous offender is erroneous and not supported by the facts.

1. 3. If the board finds that the inmate is a

dangerous or persistent offender, a five (5)- year reconsideration hearing shall be ordered.

1. (B) A dangerous offender is one who has been sentenced for a felony during the commission of which s/he knowingly murdered or endangered or threatened the life of another person or knowingly inflicted or attempted or threatened to inflict serious physical injury on another person and previously has been convicted of a dangerous felony.

   1. 1. A dangerous felony is the crime of

murder, forcible rape, assault, burglary, robbery or kidnapping.

1. 2. A dangerous felony is the attempt to

commit any of the crimes listed in paragraph (3)(B)1.

1. (C) A persistent offender is one who is serving his/her third or more separate prison incarceration.

1. (4) Mental Competency.

   1. (A) Whenever reasonable doubt exists as to the mental competency of any inmate and the board believes the inmate represents a danger to him/herself or to others, the board may defer release.
   2. (B) In determining mental competency the board shall consider oral or written psychiatric or psychological reports.
2. (5) Parole and Conditional Release Violators. In the board’s discretion, parole and conditional release violators shall not be eligible for release consideration under the guideline policy on the revoked sentence. Parole guidelines may apply to new, concurrent or consecutive sentences received while on parole or conditional release.

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

*Original authority: 217.690, RSMo 1982, 1986, 1987, 1989, 1992.