PURPOSE: This rule indicates that there are different circumstances under which a parole may be granted, certain requirements to be met before parole can be granted and certain restrictions on the length of time to be served on parole.

1. (1) Parole Release Plan.

   1. (A) The board’s institutional parole officer is available to offer assistance in helping the inmate develop home and employment plans. The inmate should feel free to talk with the institutional parole officer as often as necessary to try to develop a satisfactory plan.
   2. (B) The home may be with members of the family, including relatives, a halfway house, through any recognized social agency that will agree to accept the inmate, a reputable rooming house, hotel, etc. or to a community corrections program.
   3. (C) Employment may be offered to the inmate by a legitimate employer. Under some circumstances, the board may approve selfemployment. The job must provide steady employment and earnings adequate to meet the needs of the inmate and support his/her dependents.
   4. (D) In some situations, the requirement of an employment offer may be waived by the parole board. This would include things such as old age, serious illness, physical incapacity or entry into a training or apprenticeship program to obtain or better develop a job skill. In any of these kinds of situations, the board will require assurance that the treatment, care and needs of the inmate will be adequately provided for.
   5. (E) The inmate will not be released until the plan has been investigated and approved by the parole board.
   6. (F) The inmate will not be released until s/he has satisfied any mandated programs.
   7. (G) A detailed listing and explanation of the parole conditions is available in 14 CSR 80-3.010.

2. (2) Parole to Detainer.

   1. (A) The parole board may consider release to an untried or prosecution-type of detainer in any jurisdiction inside/outside Missouri. In these instances, however, there must be an acceptable and approved parole release supervision plan available for the inmate. Every effort should be made by the inmate to satisfy the untried detainer or have it withdrawn. Official notice of any action taken on the detainers must be forwarded to the Missouri Department of Corrections or any other disposition as the Board of Probation and Parole may deem appropriate.
   2. (B) The board will consider release to a detainer if the inmate is wanted for confinement in some other jurisdiction, either within or outside Missouri.
   3. (C) The board will consider the granting of a dual or concurrent supervision with another paroling authority.

3. (3) Medical Parole.

   1. (A) The board will consider a medical parole under the following conditions:

      1. 1. A specific recommendation to the

parole board must be made by a competent medical, psychiatric or psychological practitioner for the treatment, care or custody of inmates who have serious physical, mental or emotional problems; and

1. 2. The parole board must determine that

the inmate will be able to obtain and receive proper care and helpful attention outside of the institution.

1. (B) If a medical parole is granted, the inmate, as far as possible and practicable, will be required to comply with all the conditions of parole as set forth on the parole release document.
2. (C) An inmate who has been granted a medical parole will be under the same kind and degree of field supervision as any other paroled prisoner, unless supervision is waived by the board.
3. (D) An inmate may be granted a medical parole for the specific purpose of special care or treatment. Upon recovery, or at any time, the inmate may be subject to return to the Missouri Department of Corrections or any other disposition as the Board of Probation and Parole may deem appropriate.

1. (4) Consecutive Sentences.

   1. (A) At the time of the parole hearing or subsequent reconsideration hearing, the parole board may grant a parole. The parole will apply to the sentence the inmate is currently serving and consecutive paroles will be granted to apply to consecutive sentences.
   2. (B) Inmates convicted of crimes which occurred after January 1, 1979 come under the provisions of the new criminal code. Under the code, the sentence consists of a prison term and a conditional release term. If the inmate is not released on the first sentence, upon completion of the prison term of the sentence, the conditional release term is held. If the inmate is paroled during the prison term of a consecutive sentence, the held conditional release term(s) first shall be served under release supervision. The sentence(s) for which parole was granted shall be served under supervision consecutive to the conditional release term(s).

2. (5) Escape.

   1. (A) When an inmate escapes, the time served on the sentence stops at the time of escape and does not begin again until return to the institution.
   2. (B) If an inmate has not been granted a parole hearing prior to the time of escape, the inmate may keep his/her scheduled parole hearing date. If that hearing date has passed, the board shall schedule a parole hearing at any time within one (1) year from the month of return to the Missouri Department of Corrections.
   3. (C) If an inmate has had a parole hearing and escapes after the hearing, the board shall cancel their previous decision. The board then may schedule a parole hearing at any time within one (1) year from the month of return to the Missouri Department of Corrections or set a new release date.
   4. (D) Since an escape usually is followed by prosecution for a new offense and, if convicted, a consecutive sentence is imposed, the rules relating to consecutive sentences will apply.

3. (6) Appeal of Sentence.

   1. (A) Any inmate who has filed a writ or an appeal will be given a parole hearing in the same manner and at the time normally scheduled.
   2. (B) Any court action pending in regard to the case of any inmate in itself will not prohibit favorable parole release consideration.

4. (7) Terms of Parole.

   1. (A) Any inmate paroled from the Missouri Department of Corrections will be subject to parole supervision until completion of the maximum sentence.
   2. (B) An inmate who is serving a long sentence and whose parole discharge date will be three (3) years or more after release on parole, will be considered for discharge from parole supervision at the end of three (3) years under parole supervision. Discharge from supervision after three (3) years is not automatic. The board will review the parolee’s file, including community adjustment and all other factors.

   3. (C) Time served on parole counts as time served on the sentence except parolees who—

      1. 1. Abscond from parole supervision, in

the board’s discretion, may not receive credit for time served while an absconder; and

1. 2. Violate parole and receive a new sen-

tence to a correctional institution outside the Missouri Department of Corrections, at the board’s discretion, may not receive credit on their parole for the time served under the new conviction. 14 CSR 80-2

1. (D) For a detailed explanation and the applicable statutes involved, see 14 CSR 80- 4 Rights of Alleged Parole Violator or Conditional Release Violator.

AUTHORITY: sections 217.690 and 549.261, RSMo Supp. 1990.* This rule was previously filed as 13 CSR 80-2.030. Original rule filed Feb. 5, 1968, effective Feb. 15, 1968. Amended: Filed Aug. 2, 1971, effective Aug. 12, 1971. Amended: Filed Nov. 13, 1979, effective March 13, 1980. Emergency amendment filed Feb. 9, 1981, effective Feb. 19, 1981, expired June 18, 1981. Amended: Filed Feb. 9, 1981, effective May 11, 1981. 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, 1991. 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, amended 1986, 1987, 1989, 1992 and 549.261 repealed 1982.